HCA 13/71 f.48r Annotate

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distinguish, and saith the said shipps helme was thereupon putt on starboard, which
brought the shipp round to, so that the sea runneing very high, the said shipp
struck of her rudder, but at what depth of water shee then was, hee saith hee
did not observe neither doeth hee remember, The premisses hee declareth
upon the grounds of knowledge predeposed And further cannot depose./

To the 7th article hee saith, That the said shipp gott of and came into deepe
water, where her Companie handed the sailes, and brought her to anchor with
two anchors in about 5. or 6. fathom water, and strooke both her yards and
topmasts, but the said two anchors came home, and then the said shipp struck on the
sands, so that the shipps Companie were forced to cutt the Cables, and yet
could not flatt the shipp, but were forced againe to come to an anchor, after
shee had beaten over another sand, and the same shipp grounded at low water
and the storme encreasing they were for the preservation of their lives forced
to cutt away and putt the said shipp on shoare in the flood, which was
done (as this deponent beleeveth) by the said Wilkinsons consent, this deponent not
being then aboard the said shipp, but being gone from her with the shipps boate, and
some others of her Companie, and sewall passengers to preserve their lives and
putt them on board a hoy that then ridd in the channell about a mile and a
half distant from the said shipp. And further cannot depose:-/

To the 8th Article hee saith, That in severall particulars in the said shipps
Course the said Wilkinson shewed himselfe wilfull and refractory, and
did not suffer the said Warren to doe or commaund according to his owne judgement
or likeing in the pilotage or conduct of the said shipp as is predeposed, And saith
the said Warren at the time aforesaid commaunding that onely one of the
Cables should be cutt, and that the shipp should pull the other after her to
keepe her head to windward, the same was not obeyed, both the cables being
cutt, but by whom this deponent saith hee knoweth not, And saith, That to the
best of this deponents Judgement the inconveniences that did happen to the said shipp
and goods came not by any default either of care or abilitie in the said Warren,
to pilot and conduct her, And otherwise saving his foregoing deposition hee saith
hee cannot depose./

To the last hee saith, his foregoeing deposition is true./

To the Crosse Interrogatories:-/ [CENTRE HEADING]

To the first hee answereth and saith, That hee this rendent was Boateswaine
of the said shipp Exchange the time predeposed, and went in her from Gravesend
to the hope and thense towards the downes as predeposed, and saith hee equally
favoureth the parties litigant in this Cause:/

To the second hee saith the said shipp Exchange was not cleared at Gravesend
till it grew late upon the Saturday night predeposed, the wynd being then very
high, and sewall of the shipps Companies a shoare, so that there was no likelihood
to saile thense that day towards the downes, And further saving his foregoing
deposition hee cannot depose:-/

To the third hee saith, the said shipp stayed at Gravesend till about 4 of the
Clock on the Lords day, and staid that night in the hope./

To the 4th hee referreth himselfe to his foregoing deposition, And further
cannot answer./

To the 5th hee referreth himself to his foregoing depositon, And further
cannot depose, not remembring that hee heard the said Warren speake nor
Wilkinson speake any such words as is interrate.

To the 6th hee referreth himselfe to his foregoing deposition, And further
cannot depose save that the said Wilkinson and Warren did sewall times