HCA 13/70 f.512r Annotate

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Suggested links

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Transcription

The same day [CENTRE HEADING]

Examined upon the sayd allegation./

d: smith

John Clarke of the parish of Stepney and County of Middlesex
Mariner a Quarter master of the Shipp ffreeman aged 29 yeares or
thereabouts a witnesse sworne and examined saith and deposeth as followeth
videlicet

To the first second and third articles of the sayd allegation hee saith and deposeth that
the shipp the ffreeman being goeing downe towards Gravesend with the benefitt of
a smale gale of winde and the arlate shipp the Mary coming up towards London with
the benefitt of the tyde of ffludd the Company of the ffreeman (for that their shipp
was a shipp of good burthen of about five hundred tonnes and did drawe about sixteene
foote water and had goods in her to a very considerable value and was as neere the South
shoare of the Thames as conveniently she could goe without goeing aground and
perceiving the shipp Mary to make towards them did call out to the company of the
Mary (while the Mary was at a good distance off yet soe neere that the company
might very well heare what was sayd unto them) and desyred them to put their sayd
shipp a stayes which they might easily have done if they pleased and told them if they did not soe doe shee would runne on board the
ffreeman or words to that effect which not withstanding the Master and Company of
the Mary gave noe answere that this deponent heard but braced their mayne topp
sayles a back stayes and put their helme a weather and by that meanes ranne
their sayd shipp directly athwart the hawser of the ffreeman which they
did in a negligent and carelessse manner as he beleeveth soe that they might if they
had pleased easily have avoided falling fowle of the ffreeman by putting their sayd
shipp a stayes or steereing her a little more northerly (the ffreeman being as neere
the South shoare as she could conveniently goe being a shipp of good burthen) and the Mary being a
smale shipp and having the greatest part of the Thames to have gone cleere of the
ffreeman if her company had pleased soe to have shaped her course
soe that the damage controverted happened only though the fault of the company of the Mary and not #

[LH MARGIN AT 90 DEGREES]
[#] any fault of the company of the ffreeman as hee verily believeth and is perswaded in his conscience

[and] deposeth being an eye witnes and one of the Company of and aboard the ffreeman
when the premisses happened And further cannot depose.

To the 4th hee saith he knoweth not that any of the compamy of the ffreeman did cut any
of the tackle of the Mary but saith if any were cut hee beleeveth the same was soe cut
in order to the preservation of the ffreeman and her ladeing from being driven on shoare
by the Mary And further he cannot depose.

To the last hee saith saving his foregoeing deposition to the 1: 2 and 3 artlcles to which
hee referreth hee cannot depose.

To the Interrogatories [CENTRE HEADING]

To the first Interrogatory hee saith hee was quarter Master of the ffreeman the tyme interrate and
came to testifie the truth of his knowledge in this cause being soe required to doe
by John [?Whitly] the Commander of the ffreeman and saith the Mary came fowle of the
ffreeman in manner predisposed in the forenoone when the tyde was about three quarters.
fludd And further hee cannot answer./

To the 2 Interrogatory he saith see paid all his wages save 30 s which he saith is stopped
out of the same and the like out of the wages of others of the ffreemans company
for certayne tobaccoes which appeareth by the boatswaines booke to be laded aboard the
ffreeman in Virginia and were nor found aboard her at her unladeing at London and
otherwise hee cannot answere having heard nothing touching any such resolution
or declaration as is Interrogate./

To the third hee saith that Peter Witty and this deponents contest George Putt and Edward King and
others of the Company of the ffreeman did call out to the Company of the Mary in manner
predisposed, but whether the Maryes company answered or what answere they gave hee knoweth
not, and saith the Mary was damaged by her falling fowle of the ffreeman and had
her mayne mast broke down And further hee cannot answere.

Repeated before doctor Godolphin

the marke of the sayd
John C Clarke/ [MARKE, RH SIDE]