First transcribed
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28 October 2015 +
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First transcriber
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Karen Gunnell +
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Folio
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513 +
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Parent volume
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HCA 13/70 +
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Side
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Recto +
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Status
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Uploaded image; transcribed on 28/10/2014 +
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Transcription
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'''D.10'''
The 22th of September 1655/
Y … '''D.10'''
The 22th of September 1655/
Yaxeday against Delavall and others}<br />
Suckley Smith}
Examined upon the sayd allegation/
'''vide the other 5 in<br />
Quire D.9./'''
'''d:smith'''
'''6'''
'''Robert Osborne''' of Shadwell in the parish of Stepney and<br />
County of Middlesex Mariner Carpenter of the shipp ''ffreeman'' aged<br />
47 yeares or thereabouts a wittnes sworne and examined<br />
saith and deposeth as followeth videlicet.
To the first second and third articles of the sayd allegation hee saith that hee<br />
this deponent being Carpenter of and aboard the ''ffreeman'' when the damage<br />
in controversie happened well knoweth that the Company of the ''ffreeman'' before such<br />
tyme as the damage in question happened and which the shipp ''Mary'' arlate was<br />
at a good distance, (yet soe neere as within call that they might very well heare what<br />
was spoken and sayd unto them) did call out to the Company of the ''Mary'' aforesayd<br />
and desyred them to put their sayd shipp a stayes and told them if they did not<br />
soe doe they would runne fowle of the ''ffreeman'' or words to that effect which notwithstanding the Master<br />
and Company of the ''Mary'' did brace their mayne top sayle on back stayes and [?shivering] it in the winde and<br />
put their helme a weather and boare up towards the ''ffreeman'' which was a shipp<br />
of greate burthen videlict about five hundred tonne burthern and drewe about sixteene<br />
foote water, and was then soe neare the southerne shoare of the Thames that<br />
shee could not goe neerer without driveing on ground to the apparent hassard of<br />
the sayd shipp and her ladeing and was soe neare shoare that her company were forced<br />
to put out an Anchor a sterne to heave her off from the shoare for the better preservation<br />
of her and her ladeing by which meanes of the ''Maryes'' company braceing and [?shivering] their topsayle and putting their helme a weather the sayd shipp the ''Mary'' ranne in a wilfull<br />
and negligent manner a thwart the ''ffreemans'' hawse, the ''ffreeman'' being as aforesayd<br />
soe neare the shoare that shee could not avoide and passe by the ''Mary'' And the reason<br />
why hee beleeveth and is in his conscience persuaded that the same was wilfully done by the Master and Company of the<br />
''Mary'' is for that hee well knoweth the sayd shipp ''Mary'' was and is a smale shipp and<br />
was comeing up the River with the benefitt of the tyde and her company might very well if<br />
they had pleased and put her a stayes as they were desyred or by the benefitt of the tyde have soe wrought<br />
her that shee might safily have avoided running fowle of the ''ffreeman'', And<br />
hee saith hee is well assured that what damage is happened to the ''Mary'' is<br />
soe happened by the default and wilfullness of the Master and Company<br />
of the ''Mary'' by their shapeing their course in the manner predisposed and not by<br />
any fault in the Master and Company of the ''ffreeman'' who did their utmost endeavour<br />
to have prevented the sayd ''Maryes'' running fowle of her, And further<br />
to these articles hee cannot depose saving hee saith the ''ffreeman'' had aboard her when the<br />
''Mary'' ranne fowle of her goods worth to value of thirty thousand pounds or<br />
thereabouts as hee believeth.
To the 4th hee saith hee knoweth not that any of the ''ffreemans'' company did cutt<br />
any of the tackle of the ''Mary'', but saith if any were by them were by them cutt the same was<br />
necessariy done in order to the preservation of the ''ffreeman'' and her ladeing from<br />
being runne on shoare by the ''Mary'' her running upon her as aforesayd.<br />
And further to this article hee cannot depose.
To the last saving his foregoeing deposition to the 1: 2 and 3 articles to which hee<br />
referreth hee cannot depose./
To the Interrogatories [CENTRE HEADING]
'''Suckley'''
To the first Interrogatory hee saith hee cometh to testifie the truth of his knowledge<br />
in this busines being required soe to doe by John Whitty, Commander of the ''ffreeman''<br />
andmander of the ''ffreeman''<br />
and +
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Transcription image
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[[File:IMG_0639.JPG|thumbnail|800px|none|link=Special:TranscriptionInterface/IMG_0639.JPG|[[:HCA 13/70|HCA 13/70]] f.513r: Right click on image for full size image in separate window +
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HCA 13/70 f.513r Annotate +
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Modification dateThis property is a special property in this wiki.
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14 November 2015 21:56:44 +
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