HCA 13/72 f.40r Annotate

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Transcription

knoweth that the same is made lawfull soe to doe by an ancient
statute of this Realme of England made in the tymes of King henry the
seaventh or King henry the eight to which statute for more suretie hee
referreth himselfe And further to this article hee cannot depose/

To the 2 3 and 4th articles of the sayd allegation hee saith that of his certayne
knowledge there hath bin during all the tyme arlate and still is a
shelve or banke of gravell in the River of Thames opposite
to the wharfe of the arlate Ewen: where hee this deponent and
the arlate Pryor and his servants and other Lightermen to the number
of at least forty and more have of this deponents sight and
knowledge have used to worke and take up ballast during all the
yeares and tyme arlate, and this deponent hath many tymes
seene the sayd Pryor and his servants worke upon takeing up of
ballast upon the sayd shelve or banke, and hath alsoe seene the servants
of the arlate Mr Ewen the late husband of Mrs Ewen the party in this
cause (who alsoe kept lighters of his owne and imployed them in takeing
up ballast upon the same shelve or banke) worke and take up ballast
upon the sayd shelve or banke,
And hee this deponent hath observed that the sayd Pryor and his
servants have at such tymes wrought fayerly and orderly as other
lightermen use to doe without makeing hills or holes or pitts in
the River to the endangering of shipps or boates in their passage
but hath wrought orderly and cleered the river as others did for the
benefitt of Navigation, And this deponent hath sawe and observed
that the sayd Master Ewens his servants
did usually worke upon the sayd shelfe about one hundred and
sixteene foote off of his the sayd ewens his wharfe, and made a channell
about fifty fower foote broad as this deponent and his contests upon
Thomas Jones John Orton William Nodes Edward Ryder and
others upon survey and measuring the same doe finde (the sayd
shelfe being usually bare at lowe water)
And this deponent and the
sayd Thomas Jones and others were present when the sayd Mrs Ewens did
cause the sayd Pryors lighter to bee carried on shoare to her
wharfe from the place where the sayd Pryors men were workeing and
takeing up ballast and this deponent and the sayd Jones and others then present
seeing the sayd Lighter violently carried away from the place where shee was
at worke, did take speciall notice of the place where she was at worke when
shee was soe carried away, and this deponent and the sayd Jones Orton Nodes Ryder
and others having since measured the same at lowe water, doe finde that the place
where