HCA 13/70 f.510r Annotate

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Suggested links

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Transcription

The 21th of September 1655/ [CENTRE HEADING]

Yaxday (sic) against delavall and others}
Suckley Smith}

Examined on an allegation on behalfe of the sayd delavall
and Company

dt. Smith

jus

George Putt of the parish of Stepney and County of Middlesex Mariner
Masters Mate of the Shipp the ffreeman aged 48 yeares or thereabouts
a wittnes sworne and examined saith and deposeth as followeth videlicet/

To the first seond and third articles of the sayd allegation hee saith that imediately
before the pretended damage in question happened the shipp the ffreeman was falling
downe the River of Thames neere Woolwich towards Gravesend and the shipp the
Mary arlate was comming up with the tyde of fludd towards London and hee saith
that before the sayd shipps came neere one the other the Company of the ffreeman
called out to the Company of the Mary aforesayd and desyred them to putt their shipp
the Mary a stayes that thereby they might avoide running against the ffreeman
who was going downe the River with a fayre wynde and hee beleeveth that the company
of the Mary very well heard and understood what the Company of the freeman
then spake unto them Which notwithstanding the Company of the Mary aforesayd
did not bring their shipp a stayes but willfully or at least in
a carelesse manner (as hee beleeveth) ranne upon the ffreeman and not the ffreeman upon her
the ffreeman not being able to edge neerer the shore then shee did without apparant hazard to her selfe and her ladeing shee being
a large vessell of about five hundred tonnes and drawing above
sixteene foote water and hee beleeveth the sayd shipp Mary was a smale shipp and
therefore her company if they had pleased might have gone neerer the shoare
or put their shipp a stayes as they were desyred, or layed their foresayle and
foretopsayle to the mast and used many other meanes if they had pleased
whereby they might if they would have avoided running fowle of the
ffreeman And hee saith hee is well assured that if the Company of the Mary
had layed their shipp a stayes as they weere by the Company of the ffreeman
desyred to doe the damage controverted had not happened And hee alsoe saith
that what hurt or damage happened to the Mary by her running fowle of the
ffreeman happened by the fault and wilfullnes of her company in bot
laying her a stayes as they werer desyred the premisses hee deposeth being Masters Mate aboard the ffreeman And further saving his subsequent deposition hee cannot to these
articles depose saving hee saith the shipp ffreeman at the tyme arlate was heavie
laden and had goods on board her worth about twenty thousand pounds in this
deponents Judgment and estimate./

To the 4th article hee saith that in case the Company of the ffreeman did cut any of the
sayd Maryes tackle it was done only to cleere their sayd shipp from the Mary
and in order to preserve their shipp ffreeman from being driven on shoare by the
Mary and to save their sayd shipp and her ladeing from damage And further to this
article hee cannot depose./

To the 5th hee saith that when the Company of the ffreeman called out as aforesayd
to the Company of the Mary to laye their sayd shipp a stayes the Master and Company thereof
instead of soe doeing did beare their mayne top sayle a back stayes and put their
helme a weather and by that meanes ranne directly athwart the hawse of the
ffreeman, the premisses hee deposeth being masters mate aboard the ffreeman
and seeing and well observing the premisses to be done by the Company of the Mary in
manner predeposed And further hee cannot depose/

To the Interrogatories/ [CENTRE HEADING]

Suckley

To the first hee saith hee was required by Captaine Whittie Commander of the ffreeman
to