HCA 13/72 f.208r Annotate

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HCA 13/72 f.208r: Right click on image for full size image in separate window


true values of the losses of the every of the sayd shipps company all
which were occasioned by the sayd seizure and referreth himselfe to the
sayd schedule as to what they all amount unto And further cannot depose./

To the last hee saith his foregoeing deposition is true/

Repeated before doctor Godolphin/

Robert Master: [SIGNATURE, RH SIDE]


The 4th day of January 1657 English style/

William Swyer and Company Owners of the shipp}
the Consent whereof the sayd Swyer was and is master}
against the shipp the Phenix whereof Robert Church}
was Master and against the sayd Church and company}
Owners of the sayd shipp and all others etcetera}

Examined upon a libell given in on the behalfe of
William Swyer and Company./

Rp. EA. .jus

Henry Tiddiman of Rederiff in the County of
Surrey Mariner Master of the shipp the Exchange aged
fifty fower yeares or thereabouts a wittnesse sworne and examined
saith and deposeth as followeth videlicet./

To the first article hee saith hee hath knowne the shipp the Consent for these eight
or tenne yeares last past and saith that for these fower yeares last past or better the
arlate William Swyer was and is Commonly reputed to bee Master and part Owner of
her her tacke and furniture and of this deponents knowledge hath within that tyme
gone severall voyages in her as Master of her and bin in the quiet and peaceable
possession of her as Master and part Owner of her And further to this article hee
cannot depose./

To the 2 article hee saith that hee this deponent being a master of a shipp and liveing
at Rederiff did observe and take notice that the sayd shipp the Consent lay at Anchor
moored in the River of Thames neere Rederiff within the ebbing and flowing of the
Sea in a place there where usually shipps lye at Anchor, in the moneths of May and June
one thousand sixe hundred fifty seaven and hath layne there soe moored by the space
of eight or tenn moneths next before that And further to this article hee cannot depose

To the 3 article of the sayd libell hee saith that of his this deponents knowledge the
arlate shipp the Phoenix whereof the arlate Robert Church was Master did in
the moneth of June 1657 take up her birth and come to Anchor to the Eastward of
the sayd shipp the Consent and a sterne of her neerer the
south shoare than the Consent laye, and the Phenix layeing out her Anchor did not
laye her northernmost Anchor thwart over the Rind as shee ought to doe but laid
it to the Northwest neere the middle of the Channell and neere
where the Consent lay at Anchor by which meanes the damage hereafter specified
happened and as in his subsequent deposition is declared by the wilfullnesse and
carelessnes of the sayd Church and the Mariners and Company of his sayd shipp
the Phenix./

To the 4th hee saith that hee this deponent hath bin a master of shipps for these
sixe or seaven and twenty yeares last past and thereby knoweth that the usuall custome of
mooreing of shipps in the River of Thames is to laye their Anchors right
thwart the River and neither water shott nor quartering And all men that
are carefull to performe their dutie in the mooreing their shipps in the sayd
River doe usually moore their shipps soe to lay their Anchors thwart the river
and ought by custome soe to doe And what ever shipps doe come to Anchor
in the sayd River and doe not lay their Anchors a thwarte ought by the Custome
of the sayd River to pay what dammage happeneth to any shipp by reason of their Anchors
not lyeing thwarte And this hee saith is a thing well knowne to this deponent
and all Commanders or Masters of Shipps useing the Port of London./


Primary sources

DEcember 1660

Primum Decretum for William Swyer and Company Owners of the shipp the Consent whereof the sayd Swyer was and is master against the shipp the Phenix whereof Robert Church was master and against the sayd Church and company owners of the sayd shipp and all others etcetera"[1]
  1. SEE HCA 24/114 Item 68, Sententia ex parte sorio con Swyer, dated December 12th 1660 IMG_112_10_5577