HCA 13/72 f.33r Annotate

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The 29th of May 1657.

Ewen against prior}

Examined upon the foresaid libell.

Rp. 3us.

William Barnes of Greenwich in the County of kent Labourer
aged 56 yeares or thereabouts, sworne and examined.

To the first article of the said libell hee saith and deposeth that hee well
knoweth the producent Mary Ewen and the bancks and wharfe arlate, having
often times wrought thereat, and saith the said Mary was and is commonly
reputed owner and proprietor of the said wharfe and bancks.

To the second and third articles hee saith that for severall yeares last this
deponent hath at severall times seene severall lighters and lightermen or
other persons in and with them take up gravell in the river of Thames
neare the said wharfe and bancks, and make sundrie greate pitts or holes
by such taking up gravell neare the said bancks and wharfe, some
of the said pitts or holes being as hee saith foure foote deep, and other
holes neare the mill wharfe some of five deep and some more and
somelesse, by reason of which taking up of gravell, diverse
hills have bin and are made betweene the said pitts and holes, by meanes
of which said pitts, and hills, hee saith it hath bin and is dangerous
for shipps, boates and other vessells to passe or come neere unto the said
wharfe, all which hee knoweth having seene and taken notice thereof
And saith the arlate Richard Prior hath bin said and reputed to have
lighters amongst them that this deponent hath soe seene, and about
Michaelmas last this deponent being at worke upon the said wharfe
sawe the said Priors lighter at worke neere the same taking up ballast
or gravell at the place where the said pitts and holes were made.
the said lighter being then made stay of for the said dammage, and hee
the said Prior coming to cleare the said lighter as his owne, and
acknowledged it to be his.

To the fourth and 5th hee saith that by reason of the foresaid digging and making
holes and pitts by the said lighters and such as worked in or with them, the
bancks of the said wharfe have broken and fallen or calved into the river,
about the repaire whereof hee saith the said mris Ewens hath of late
bin at much cost and charges for workemanshipp and materialls, this
deponent having wrought there long about the said repaires, occasioned
by the premisses, namely by the taking up gravell and making holes and pitts
by lighters neare the said wharfes, and saith shee is at a continuall charge
thereabouts, insoemuch that this deponent and three or foure labourers more
have for their worke earned about twenty pounds a peece of her for their
worke thereabout, besides what shee hath paid to other workemen
and for materialls of wood and other things.

To the Interrogatories. [CENTRE HEADING]

To the first hee saith hee hath lived for theise thirtie yeares last at
Greenwich, and hath and doth live by his labour, and favoureth the parties
indifferently, and would give the victory accordingly. And otherwise hee referreth
himselfe to his foregoeing deposition.

To the second hee saith it hath bin usuall for lighters to take up ballast
with shovells upon shelves in the River of Thames, but not allowable
for them to worke with nets as of late they have used neere wharfes or
bancks, as they have done as
aforesaid neere the said bancks and wharfe of the producent. And otherwise
hee cannot depose.

To the third hee cannot answer saving as aforesaid.

To the fourth and 5th hee saith that about tenn or eleaven yeeres since mris Ewens
[?her GUTTER]