HCA 13/72 f.33v Annotate
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Marine Lives Tools
her husband for some while imployed a lighter or two to take up ballast
neere the said wharfe, but finding that a hole was begun to be made
(which is since almost filled up) that might be some prejudice or dammage
to his said wharfe if hee continued the said taking up ballast there, hee
left t off; And otherwise hee cannot answer saving as aforesaid.
To the 6th hee saith that when the said mr Ewen used to take up ballast
as aforesaid, hee used to lay a heape upon his said wharfe, but the
same was noe dammage to his wharfe, nor did his said wharfe faile
or was perished there or by [XXXX] thereof, And otherwise hee cannot
answer saving as aforesaid.
To the 7th hee saith the said mr Ewen in his life time let out some
part of the said wharfe and since his wife hath let out the [XXX XXXX],
And otherwise hee cannot depose, saving mris Ewen is to keepe the
whole wharfe in repaire.
Repeated before Collonel Cock.
The marke of WW Ba[?rnes] [MARKE, RH SIDE]
The first day of June 1657.
Ewen against Prior.}
Examined upon an allegation given in on the
behalfe of the said Prior.
Ex parte Prior.
Thomas Jones of Wapping Wall Lighterman aged
50 yeares or thereabouts sworne and examined.
To the first article hee saith hee hath for theise seaventeene
or eighteene yeares last used the occupation of a lighterman in the
River of Thames, and hath bin frequently imployed in the taking up of
ballast therein, and thereby well knoweth that for that time it hath
bin a common use and custome practized in the said River by lightermen
and their servants with lighters to take up and recover Gravell out of
the said river upon any shelves or bancks for ballast, at fourtie
foote distance from the bancks or walls of the said River, and [?at ?any]
place in the said River without fourtie foote from the bancks and
walls, and hee referrs himselfe to the statutes in that case made. And
otherwise hee cannot depose.
To the second hee saith that for theise five yeares last past and upwards there hath
bin and is a banck or shelve of sand or gravell in the river of Thames
over against or opposite to the wharfe or ground in question of mris
Ewens, where diverse lightermen and lighters besides the said Prior have
used to worke and take up ballast; and saith that at such time as
mris Ewen caused the said Priors lighter to be seized or stayed (about
foure or five monethes since) his the said Priors m[?e]n or such as were imployed by him
were at worke or imployed in taking up gravell at the
distance of two hundred and sixtie foote at the least from the
wharfe or bancks of the said Ewens, which hee knoweth because hee
this deponent then sawe the said lighter at worke there and sawe her
soe seized, and taking notice of the place, hee hath since measured the
same, and found it to be at that distance. And otherwise hee cannot