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her husband for some while imployed a ligh … her husband for some while imployed a lighter or two to take up ballast<br />
neere the said wharfe, but finding that a hole was begun to be made<br />
(which is since almost filled up) that might be some prejudice or dammage<br />
to his said wharfe if hee continued the said taking up ballast there, hee<br />
left t off; And otherwise hee cannot answer saving as aforesaid.
To the 6th hee saith that when the said mr Ewen used to take up ballast<br />
as aforesaid, hee used to lay a heape upon his said wharfe, but the<br />
same was noe dammage to his wharfe, nor did his said wharfe faile<br />
or was perished there or by [XXXX] thereof, And otherwise hee cannot<br />
answer saving as aforesaid.
To the 7th hee saith the said mr Ewen in his life time let out some<br />
part of the said wharfe and since his wife hath let out the [XXX XXXX],<br />
And otherwise hee cannot depose, saving mris Ewen is to keepe the<br />
whole wharfe in repaire.
Repeated before Collonel Cock.
The marke of '''WW''' Ba[?rnes] [MARKE, RH SIDE]
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The first day of June 1657.
Ewen against Prior.}<br />
Clements. Cheeke.}
Examined upon an allegation given in on the<br />
behalfe of the said Prior.
'''Rp. .jus.'''
'''Ex parte Prior.'''
'''Thomas Jones''' of Wapping Wall Lighterman aged<br />
50 yeares or thereabouts sworne and examined.
To the first article hee saith hee hath for theise seaventeene<br />
or eighteene yeares last used the occupation of a lighterman in the<br />
River of Thames, and hath bin frequently imployed in the taking up of<br />
ballast therein, and thereby well knoweth that for that time it hath<br />
bin a common use and custome practized in the said River by lightermen<br />
and their servants with lighters to take up and recover Gravell out of<br />
the said river upon any shelves or bancks for ballast, at fourtie<br />
foote distance from the bancks or walls of the said River, and [?at ?any]<br />
place in the said River without fourtie foote from the bancks and<br />
walls, and hee referrs himselfe to the statutes in that case made. And<br />
otherwise hee cannot depose.
To the second hee saith that for theise five yeares last past and upwards there hath<br />
bin and is a banck or shelve of sand or gravell in the river of Thames<br />
over against or opposite to the wharfe or ground in question of mris<br />
Ewens, where diverse lightermen and lighters besides the said Prior have<br />
used to worke and take up ballast; and saith that at such time as<br />
mris Ewen caused the said Priors lighter to be seized or stayed (about<br />
foure or five monethes since) his the said Priors m[?e]n or such as were imployed by him<br />
were at worke or imployed in taking up gravell at the<br />
distance of two hundred and sixtie foote at the least from the<br />
wharfe or bancks of the said Ewens, which hee knoweth because hee<br />
this deponent then sawe the said lighter at worke there and sawe her<br />
soe seized, and taking notice of the place, hee hath since measured the<br />
same, and found it to be at that distance. And otherwise hee cannot<br />
depose.
Toherwise hee cannot<br />
depose.
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