HCA 13/63 f.2v Annotate
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Idem ad Interrogatoria als in hac causa ministrata [?XXX]
Ad primum rendet That for his part that hee was onely of the Shipp the Benjamyn
and Judith her Companie at the time predeposed Et alr negative rendet ad singuula
Ad 2um et 3um rendet Quad [?sXXXns] predepensis in hac causa nescit rendere./
signum [MARKE] dicti Symonj [MARKE, RH SIDE]
Willimus Martyn filius naturalis et legitimus Thoma
Martyn partis productis in hac causa aetatis 20 annorum aut
[?circe] testis productus et iuratus deponit et sequitur.
Ad primum arlum dicte allegacionis deponit et dicit That he this deponent was his father
the producents mate in the Shipp the Benjamin and Judith arlate the tyme
arlate when the ffortune arlate mett and fell fowle of her in Lymehowse reach
within the River of Thames ad sayeth that the said Shipp the ffortune did [?XXX] and
fell fowle of the Beniamyn and Judith afforesaid when her foresayd [?XXXXX] a barke
and the Company were haltinge on board the mayne Tack [?XXXXX] infrascriptur
Ad secundum arlum dicte allegacionis deponit et dicit That it is impossible for any shipp
to make any way more [?XXXXXX] tyde when her mayne Tacke is hayleing in neither did the said Beniamin
and Judith make any more way att the time predeposed but lay dead in
the water Et alr necit
Ad 3um arlum deponit et dicit That The Shipp the Benjamin and Judith at such time as
the ffortunefell fowle of her as afforesayd was soe deepely laden that shew drew
about tenne foote water abaft and the ffortune was a light Shipp bounde for Coales to
Newcastle Et alr nescit
Ad 4um nescit
Ad quintum 6um et 7um arlos dicte allegaconis deponit et dicit That after the Shipp the ffortune
falling fowle of the Benjamin and Judith as afforesaid and was cleare of her the said
Shipp the ffortune ca,me a ground on a place about halfe a myle distant from the place
were the said Shipps arlate first mett as afforesaid and incase the Master and Company
of the ffortune had used as much casre as they might or ought to have donne
notwithstanding the said Shipp the ffortunes beareing of her fore Bonett in falleing fowle
of the Benjamin and Judith afforesaid which was all the hurt donne unto her yet had
she sayles enough then out and standing to have carried her cleare of the place
where shee came on shoare or at least they might have cast and anchor out and soe
might have prevented and avoyded the damage that hapned unto the ffortune if any more
hapned then what he hath predeposed ffor he sayeth that after the said sShipps were
cleare one of the other the ffortune arlate sayled [?XXXXly] and well way
and made twoe boards before shee came on shoare without any stopp or hindrance
Et alr nescit./
Ad 8um arlum deponit That if the Company of the ffortune arlate had indeavoured
and used such meanes as they might have donne by casteing out but their Anchor
after they were cleare of the Benjamin and Judith as afforesaid the said Shipp
the ffortune might have bene cleare of any damage more then the teareing of her
for Bonnett by reason shee had a boate by her side which had an anchor and hawser in it Et alr nescit [?sacuis] predepoitis.