HCA 13/72 f.466v Annotate

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Suggested links

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HCA 13/72 f.466v: Right click on image for full size image in separate window

Transcription

To the first and second articles of the allegation hee saith that the shipp Phenix when [?shee]
came to anchor at the place in the River of Thames where the dammage in
question was done to the arlate shipp the Consent, did ride by two Anchors
one of them to the Northwards of the River and the other to the Southwards of the
same and was alsoe made fast to an other shipp which ridd neere her, or the
shipp made fast to her, and that the sayd shipp Phenix soe ridd moored
well and sufficientlty and in a usuall and very good place for the mooreing
of shipps and where shipps doe usually ride, from Thursday till Satterday [?XXXX]
without doeing or receaving any hurt or dammage either to
or from any other bessell this hee better knoweth for that hee this deponent
being Master of a Shipp called the Loves Encrease did ride neere the same
place with his sayd shipp at the tyme when the Phenix soe came to an
Anchor there and at the tyme when the sammage in question happened and
afterwards, and did well see and observe the mooreing and rideing of the Phenix
there And further to these articles hee cannot depose./

To the 3 article hee saith that on the Satterday at night the Shipp Consent
arlate did breake her Southermost Cable whereby shee ridd moored and
by that meanes came crosse the hawse of the Phenix
and soe laye Crosse the same till the next day being Sunday, till the next
tyde of ffludd, which was about nyne or tenn of the clock in the forenoone
of that Sonday, and in the tyme of such her lyeing, did not (soe farr as
this deponent did or could see and observe) receive any dammage from
the shipp Phenix or her Anchors, And saith that on the Sonday toward
Evening some men (by order (as hee beleeveth) of the arlate Swyre
came aboard the Consent and tooke her from the place where shee lay
Crosse the Phenix hawse, and new moored her but by reason the fludd
was spent before they hawled out their Anchor to the Southwards, the same
Anchor was layed lower downe the River than before, soe that the
sayd shipp Consent by that meanes ridd neerer to the Phenix than
shee did before shee broke loose as aforesayd, and by that meanes
(as hee beleeveth) came fowle of the Phenix Anchor upon
the windeing of the next tyde after shee was soe new moored, and
by that meanes as hee this deponent veryly beleeveth received the
dammage in question, these
premisses hee deposeth of right and certayne knowledge seeing and
observing the [XXXX] mooreing alsoe of the sayd shipp Consent And further
to this article hee deposeth not./

To the 4th article hee saith that in his this deponents Judgment and as hee
verily beleeveth in case the Consent had not broake from her cable
in manner aforesayd, but had continued moored as shee was at [?first]
or had bin moored againe as shee was at first, and in the same
place, shee could not have receaved any dammage by the Anchor of
the Phenix but had rid free from dammage, and what dammage [?befell]
the Consent from the Phenix, or her Anchor did in this deponents Judgment
happen by new mooreing the Consent in manner aforesayd And
further hee cannot depose./

To the 5th hee saith that of this deponents sight and observation the Phenix
and Consent from Thursday to Satterday did every tyde winde about [?XXXX]
one