Uploaded image; transcribed on 20/05/2013
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
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