HCA 13/72 f.208v Annotate

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Transcription

To the 5th 6th 7th and 9th articles of the sayd libell hee saith as aforesayd
that the sayd shipp the Phonix in the Moneth of June last came to Anchor neere Rederiff
and neere the shipp the Consent and lay with her Anchors not athwart as shee ought
to doe but lay with them North West and South East and the Northwest Anchor by laying
the dammage in question happened) laye neere the middle of the River where
shipps lye afloate in such manner that the Consent or any other shipp that
laye neere could not upon windeing up with the tyde avoide receaveing
dammage thereby And saith that the sayd Swyer takeing notice how the
Anchors of the Phenix laye and doubting they might be preiudiciall to his
shipp Consent did acquaint this deponent and one Captaine day therewith
and desyred them to take a view how the Phenix Anchors laye and this deponent
and the sayd Captaine day accordingly did take view in the moneth of June
and before the dammage in question happened and did finde that the Anchors
of the Phonix were layed North West and South East and not athwart the
River as by custome they ought to bee And this deponent and the sayd Captaine
day did speake to the Company of the Phonix and told them that their
Northerly Anchor laye very dangerously for doeing dammage to the
Consent who laye neere the same and advised them to weigh it up and
to laye it further over toward the North shoare which they refused to
doe and in a willfull manner answere and sayd thus or to this effect
if the Consent bee in any danger her company hawle their
shipp further from it if they will and soe willfully refused to doe as
they were advised by which meanes the shipp Consent in the sayd moneth
of June last upon the next flood after such notice given by this deponent
and the sayd Captaine day roo[X]ed about and bilged upon the Phenix
her sayd Northerly Anchor and was by that meanes sunke and conti=
nued sunke in the River for three or fower dayes this hee the better knoweth
for that hee this deponent and his sonne and divers
other Mariners helped to pumpe and bale water out of the Consent but
the water encreased soe fast that before shee could bee gotten to shoare
shee sunke and soe laye three or fower dayes sunke in the River before
shee could bee weighed up And further to these articles hee cannot
depose saving hee saith hee heard Captaine Swyer Commander of the
Consent before the shipp soe sanke sayd that hee had formerly
spoken to the sayd Church him selfe at the Cardinalls capp taverne in Cornehill London and
given him notice of the danger his shipp the Consent lay in by reason of
the Phenix her Anchors lyeing in manner aforesayd And that the sayd Church
slighted it and sayd hee know how to moore a shipp as well as the best Master
of a shipp did/

To the 9th 10th hee saith that hee well knoweth that by reason of the
bilgeing of the sayd shipp the Consent the sayd shipp is very much [XXX GUTTER]
and dammaged and hee verily beleeveth that the sayd Swyer and other the
Owners of her are thereby put to great charge and damnified to the value of [twoe GUTTER]
hundred and fiftie or three hundred pounds sterling according to this
deponents Judgment and estimate And further hee cannot depose/

To the 11th hee saith hee referreth him selfe to the Registry of this Court And
further cannot depose./