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To the first and second articles of the al … To the first and second articles of the allegation hee saith that the shipp ''Phenix'' when [?shee]<br />
came to anchor at the place in the River of Thames where the dammage in<br />
question was done to the arlate shipp the ''Consent'', did ride by two Anchors<br />
one of them to the Northwards of the River and the other to the Southwards of the<br />
same and was alsoe made fast to an other shipp which ridd neere her, or the<br />
shipp made fast to her, and that the sayd shipp ''Phenix'' soe ridd moored<br />
well and sufficientlty and in a usuall and very good place for the mooreing<br />
of shipps and where shipps doe usually ride, from Thursday till Satterday [?XXXX]<br />
without doeing or receaving any hurt or dammage either to<br />
or from any other bessell this hee better knoweth for that hee this deponent<br />
being Master of a Shipp called the ''Loves Encrease'' did ride neere the same<br />
place with his sayd shipp at the tyme when the ''Phenix'' soe came to an<br />
Anchor there and at the tyme when the sammage in question happened and<br />
afterwards, and did well see and observe the mooreing and rideing of the ''Phenix''<br />
there And further to these articles hee cannot depose./
To the 3 article hee saith that on the Satterday at night the Shipp ''Consent''<br />
arlate did breake her Southermost Cable whereby shee ridd moored and<br />
by that meanes came crosse the hawse of the ''Phenix''<br />
and soe laye Crosse the same till the next day being Sunday, till the next<br />
tyde of ffludd, which was about nyne or tenn of the clock in the forenoone<br />
of that Sonday, and in the tyme of such her lyeing, did not (soe farr as<br />
this deponent did or could see and observe) receive any dammage from<br />
the shipp ''Phenix'' or her Anchors, And saith that on the Sonday toward<br />
Evening some men (by order (as hee beleeveth) of the arlate Swyre<br />
came aboard the ''Consent'' and tooke her from the place where shee lay<br />
Crosse the ''Phenix'' hawse, and new moored her but by reason the fludd<br />
was spent before they hawled out their Anchor to the Southwards, the same<br />
Anchor was layed lower downe the River than before, soe that the<br />
sayd shipp ''Consent'' by that meanes ridd neerer to the ''Phenix'' than<br />
shee did before shee broke loose as aforesayd, and by that meanes<br />
(as hee beleeveth) came fowle of the ''Phenix'' Anchor upon<br />
the windeing of the next tyde after shee was soe new moored, and<br />
by that meanes as hee this deponent veryly beleeveth received the<br />
dammage in question, these<br />
premisses hee deposeth of right and certayne knowledge seeing and<br />
observing the [XXXX] mooreing alsoe of the sayd shipp ''Consent'' And further<br />
to this article hee deposeth not./
To the 4th article hee saith that in his this deponents Judgment and as hee<br />
verily beleeveth in case the ''Consent'' had not broake from her cable<br />
in manner aforesayd, but had continued moored as shee was at [?first]<br />
or had bin moored againe as shee was at first, and in the same<br />
place, shee could not have receaved any dammage by the Anchor of<br />
the ''Phenix'' but had rid free from dammage, and what dammage [?befell]<br />
the ''Consent'' from the ''Phenix'', or her Anchor did in this deponents Judgment<br />
happen by new mooreing the ''Consent'' in manner aforesayd And<br />
further hee cannot depose./
To the 5th hee saith that of this deponents sight and observation the ''Phenix''<br />
and ''Consent'' from Thursday to Satterday did every tyde winde about [?XXXX]<br />
oney tyde winde about [?XXXX]<br />
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