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The 24th of October 1657.
Ewens against P … The 24th of October 1657.
Ewens against Prior.}
Exámined upon the foresaid allegation ex parte Prior.
'''ex parte Prior.'''
'''Rp. 5:th/:'''
'''Gregory Parbury''' of Lambeth Lighter man aged 50<br />
yeares or thereabouts sworne and exámined.
To the first article hee saith hee hath bin a ballast man for theise 30 yeeres<br />
and upwards, and thereby well knoweth that for that space it hath bin a<br />
common use and custome for Lightermen and others with their lighters and<br />
servants to take gravell upon anye shelfe or banckes in the River of
'''40''' [LH MARGIN]
Thames at 40 foote distance from the banck or Wall of the River, and<br />
such doing hath bin held and deemed lawfull, and otherwise referring<br />
himselfe to the Statutes and lawes of this land hee cannot depose.
To the second article hee saith that for all the time aforesaid hee hath<br />
knowne and observed that there hath bin a shelf or banck of sand or<br />
gravell in the River of Thames about an hundred foote, or XXX from and<br />
opposite to the ground or wharfe arlate of Ewens, where<br />
diverse lightermen and lighters have used to worke and take up ballast.<br />
And otherwise hee cannot depose.
To the third hee cannot depose.
To the fourth and 5th hee saith that for the space of halfe a yeere or thereabouts<br />
ended about nine yeeres since, hee this deponent wrought as a<br />
Lighterman at the wharfe of the arlate mr Ewens (since deceased)<br />
being therein imployed by the said mr Ewens, and thereby well knoweth<br />
that the said mr Ewens kept two lighters which hee for that space did<br />
constantly or frequently imploy in working neere his wharfe to<br />
take up ballast, namely within fourtie or fiftie foote of his said<br />
wharfe, and did endeavour to sincke the wharfe and make it as<br />
deep as Greenwich ballast key, and soe had frequently declared,<br />
and had effected it (as this deponent beleeveth) if hee had lived, And<br />
then proposed to build a new wharfe as hee often declared. And<br />
saith the said mr Ewens upon such digging and taking up of ballast<br />
caused greate quantities thereof to be heaved up into heapes upon<br />
his wharfe, there to lie readie for shipps to take the same away for<br />
ballasting, and saith the timber worke of the said wharfe was then<br />
growne old and decayed, and the wharfe setled very much, and at<br />
length by meanes of the said weight upon the said old decayed wharfe,<br />
the said wharfe sanck soe very much that the ballast was like to<br />
tumble all into the Thames againe, whereupon this deponent and others<br />
were faine to goe and heave it further ashore, to prevent it from<br />
tumbling back into the River; And saith that the said mr Ewens<br />
then bought muck planck and timber of this deponent (who used<br />
to breake up ships) to mend his said wharfe withall, but did not need<br />
it soe farr as hee remembreth; And otherwise hee cannot depose<br />
saving Priors lighter did not then use to worke neere the said wharfe.
To the 6th hee saith that about eight yeeres since the said mr Ewens<br />
treated with this deponent about letting the said wharfe unto this deponent<br />
at a yeerly rent for a certaine space of time (namely for three yeares)<br />
and upamely for three yeares)<br />
and up +
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