HCA 13/72 f.168r Annotate

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Suggested links

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Transcription

The 24th of October 1657.

Ewens against Prior.}

Exámined upon the foresaid allegation ex parte Prior.

ex parte Prior.

Rp. 5:th/:

Gregory Parbury of Lambeth Lighter man aged 50
yeares or thereabouts sworne and exámined.

To the first article hee saith hee hath bin a ballast man for theise 30 yeeres
and upwards, and thereby well knoweth that for that space it hath bin a
common use and custome for Lightermen and others with their lighters and
servants to take gravell upon anye shelfe or banckes in the River of

40 [LH MARGIN]

Thames at 40 foote distance from the banck or Wall of the River, and
such doing hath bin held and deemed lawfull, and otherwise referring
himselfe to the Statutes and lawes of this land hee cannot depose.

To the second article hee saith that for all the time aforesaid hee hath
knowne and observed that there hath bin a shelf or banck of sand or
gravell in the River of Thames about an hundred foote, or XXX from and
opposite to the ground or wharfe arlate of Ewens, where
diverse lightermen and lighters have used to worke and take up ballast.
And otherwise hee cannot depose.

To the third hee cannot depose.

To the fourth and 5th hee saith that for the space of halfe a yeere or thereabouts
ended about nine yeeres since, hee this deponent wrought as a
Lighterman at the wharfe of the arlate mr Ewens (since deceased)
being therein imployed by the said mr Ewens, and thereby well knoweth
that the said mr Ewens kept two lighters which hee for that space did
constantly or frequently imploy in working neere his wharfe to
take up ballast, namely within fourtie or fiftie foote of his said
wharfe, and did endeavour to sincke the wharfe and make it as
deep as Greenwich ballast key, and soe had frequently declared,
and had effected it (as this deponent beleeveth) if hee had lived, And
then proposed to build a new wharfe as hee often declared. And
saith the said mr Ewens upon such digging and taking up of ballast
caused greate quantities thereof to be heaved up into heapes upon
his wharfe, there to lie readie for shipps to take the same away for
ballasting, and saith the timber worke of the said wharfe was then
growne old and decayed, and the wharfe setled very much, and at
length by meanes of the said weight upon the said old decayed wharfe,
the said wharfe sanck soe very much that the ballast was like to
tumble all into the Thames againe, whereupon this deponent and others
were faine to goe and heave it further ashore, to prevent it from
tumbling back into the River; And saith that the said mr Ewens
then bought muck planck and timber of this deponent (who used
to breake up ships) to mend his said wharfe withall, but did not need
it soe farr as hee remembreth; And otherwise hee cannot depose
saving Priors lighter did not then use to worke neere the said wharfe.

To the 6th hee saith that about eight yeeres since the said mr Ewens
treated with this deponent about letting the said wharfe unto this deponent
at a yeerly rent for a certaine space of time (namely for three yeares)
and up