HCA 13/70 f.514r Annotate

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Transcription

of the Mary braced their mayne topsayle amd shivered it in the winde and
hawled up their mizen and put their helme a weather and boare up
which was the directe course to runne on thwarte theffreeman by which
meanes the Master and Company pf the Mary did wilfully runne athwart the
ffreemans hawse whereby the Maynemast of the Mary was by
the ffreemans boltspritt broken downe by the board, which damage hee saith
happened meerely by the wilfullnesse and fault of the Master and Company of
the Mary and by their not putting their shipp a stayes as they were desyred and
by steereing their course in manner before expressed, and not through
any default of the Master and Company of the ffreeman who did their
utmost endeavour to have avoided the sayd Maryes falling fowle of her
and in order to avoide the same did goe as neere to the shoare as shee durst
without endangering her self and ladeing, shee being a shipp of great burthen
videlicet about five hundred tonnes burthen and drew about sixteene foote
water the premisses hee deposeth being an
eye witnesse and one of those wh called to the Company of the Mary to the
effecy aforesayd And further hee cannot to those articles depose saving hee
saith the Mary was a smale vessell and might have shoared or gone
any course then that shee did without any hazard or danger if her
Master and Company had pleased./

To the 4th hee saith hee knoweth not that any of the Company of the ffreeman
did cutt any of the tackle of the Mary but beleeveth if any of them did soe cutt it
the same was done out of necessitie in order to the preservation of the ffreeman
and her ladeing from being runne ashoare by the Mary And further to this
article hee cannot depose./

To the last hee referreth to his foregoeing deposition to the 1: 2: and 3 articles And
further cannot depose/

To the Interrogatories/

To the first Interrogatorie hee saith hee cometh to testifie the truth in this cause
being soe required by Captaine John Whitty Commander of the ffreeman
and saith hee this rendent was boatswaine of the ffreeman the tyme Interrate and
saith the Mary came fowle of the ffreeman in the forenoone of the say and when
it was above two quarters ffludd and neere a high water And further hee cannot
answere saving hee saith as hee remembreth one of the quarter masters
of the ffreeman (but which of them hee remembreth not) was at the
ffreemans helme the tyme Interrate And further hee cannot answere/

To the second hee saith hee hath receaved all his wages for the voyage Interrate
save thirty shillings which is stopped. as alsoe the like summe is stopped out of the
wages of others of the ffreemans company for tobaccoes missing which were
entred in this deponents booke as laden in Virginia, but in truth were not laden but
remayne there still, and not for the damage Interrogate neither knoweth hee [?never]
hath heard of any such resolution or declaration as is Interrate./