HCA 13/71 f.106r Annotate

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HCA 13/71 f.106r: Right click on image for full size image in separate window


The third of March 1655 [CENTRE HEADING]

Wilkinson con Warren.}

Examined upon the sayd Libell.

2 us

Sidrach Wills of Ratcliffe in the County of Middlesex Mariner late
second Mate of the sayd shipp the Exchange, aged twenty eight
years or thereabouts a witnes produced sworne and examined
saith and deposeth and followeth. videlicet.

To the first and second Articles of the sayd Libell this deponent saith that for and during
the tyme libellat the arlate Captaine Wilkinson and Company were the
Lawfull reputed Owners of the sayd shipp the Exchange and of her tackle apparell
and furniture, And he saith that the sayd shipp with in the sayd tyme was bound
out upon a voyage from this Port of london to Virginia, and had goods and
marchandizes of good value and severall passengers on board her to be
transported thither in her. And for her better and more secure passage into
the downes in order to proceed on her sayd voyage, the arlate James Waring or Warren
was taken and admitted to be pilot of the sayd shipp to sayle and conduct her
out of this river of thames into the Downes aforesayd, And he the sayd Waring
tooke upon him the sayd office of pilot to conduct aćcordingly, and had committed
to him and aćcepted the ćare and charge of the sayd shipp and her lading as
pilott, and undertooke to pilot and conduct the same from the sayd River into
the downes aforesayd. All which hee knoweth to be true for that he was
second Masters mate in and aboard the sayd shipp the sayd intended voyage, and
sayled in her till she bećame hurt and damaged as hereafter is [?expressed]. And
otherwise hee cannot depose.

To the third article of the sayd Libell he saith that having followed the imployment of the
sea in generall shipps for thirteen years and upwards he thereby knoweth
that it is the law of the seas, and a [?CouXon] used and Custome that when a
Pilott be admitted and taketh upon him the ćare of conducting a shipp from
one place to another the Company and Mariners of the sayd shipp are and
ought to follow the direction and Orders of such Pilot, and obey him in what
he commandeth touching the sayling of such shipp, though the Captaine, master
or other cheife Commander of such shipp be on board and five noe Command
to the same effect. And otherwise he cannot depose.

To the fourth and fifth articles of the sayd Libell he saith that the sayd Waring being
Pilot as aforesayd, did sett sayle therewith out of the River Thames, and
ćame neere to a places (sic) where the Buoyes bye being not farr from the Gore
or Reculvers arlate, att which tyme the sayd shipp being so come neere the Buoyes
had not above three fathom water and as she then sayled was in danger of
running upon the sands which the sayd Waring though he were continually told
of what depth the water was did not seeme to take notice of And this deponent
as others of his mates likewise did discovering the Buoyes cryed out and
aćquainted the sayd Waring therewith, whereupon the sayd Waring did give order
to sett upp the maine sayle, and within halfe a quarter of an houre hee after
the sayd shipp ram upon the the sands and striking violently severall [?shokes] upon the
same broke her rudder, and bećame otherwise so such and dammified that
she bećame unable to proćeed upon her sayd voyage, And soe much this
deponent well saw and knoweth to be true. And otherwise to these Articles
ćannot depose, saving that the sayd Waring whilest hee was Pilotting the
sayd shipp did often sweare and ćurse.

To the sixth and seventh articles of the sayd Libell he saith by reason of the
hurt done to the sayd shipp and by losse of the sayd voyage and by the losse of
severall goods and provisions and dammage done to other of their goods they the
sayd Wilkinson and Company did in this deponents judgments suffer losse and
dammage to the value of betwixt two and three thousand pounds sterling
And he saith that the sayd losse and dammage, and alsoe the hazard of mens lives in the