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To the scond article hee saith and deposet … To the scond article hee saith and deposeth, That the shipp the ''Mary'' arlate<br />
upon or about the 26th. day of October last past <u>1654.</u> coming upon a Voyage<br />
from Newcastle with her lading of Coales designed for London, and being sayleing<br />
in Gallions reach in the River of Thames neere Woolwich towards the Port with<br />
the benefit onely of the tide, the Master and Company of the said shipp ''Mary''<br />
perceiving the shipp the ''freeman'' arlate (John Whitty Master) then comeing downe the<br />
said river, and approaching neere unto the ''Mary'', the wind then being at West-<br />
South-West with a fair gale, the Master of the said ''Mary'' and Company boare<br />
up as much as possible they could to the South shoare of the Rover, expressely<br />
to prevent that the said shipp the ''freeman'' might not fall fowle upon them<br />
and saith the said Master and Company of the said shipp the ''Mary'' called aloud<br />
to the ''freemans'' Companie, and made signes to them to edge up and come a sterne<br />
of the ''Mary'', but the said Whitty and Company wilfully boare up directly<br />
upon the said shipp the ''Mary'' notwithsatnding that the said shipp the ''freeman''<br />
had as fair and favourable a gale of Wind and as great a convenience of<br />
roome as could be desired to have kept cleare of the said shipp ''Mary'', if the said<br />
Whitty and Company had so pleased, the said shipp ''freeman'' then haveing the<br />
full scope of the Channell; And saith that the premisses notwithstanding the<br />
said Whitty and Companie violently rann aboard the ''Mary'' with the said shipp<br />
the ''freeman'', and made such a strong impression, that they broake the said shipp<br />
''Mary'' her maine mast, maine toppe, maine yard, foreyard, her maine<br />
shrowdes, two of her maine stay in two places, and broke one side of the said shipp<br />
the ''mary'' downe to the water, rent the foresayle and maine topsayle, much<br />
endammaged the mainesayle and spoyled all the small rigging, And saith<br />
that upon the said violent irruption, there were sewerall of the said ''freemans''<br />
Companie which came aboard the ''Mary'', and there according to their owne<br />
fancie hacked and cutt in pieces the said shipp and rigging, the said John<br />
Whitty in the meane time standing on the fore Castle of the ''freeman''<br />
and calling the ''Maries'' Companie Colierly doggs and rogues, telling them<br />
hee cared not if hee had sunke their shipp. All which the premisses this deponent<br />
well knoweth, being Boateswaine of and aboard the said shipp the ''Mary'' when<br />
the sae were so had and one as is by him predeposed. hee further saith<br />
That to the best of this deponents Judgement and understanding, the said shipp the<br />
''Mary'' by meanes of the premisses hath really suffered dammage to the valyue<br />
of two hundred and ten pounds sterling or thereabouts in the spoyling of the hull<br />
of the said shipp, her masts yards shrowds sailes and rigging, and being a<br />
Mariner who for many yeares hath been well experienced in shipps and tackle<br />
and furniture thereof, hee is confirmed in Conscience that the sammage<br />
predeposed cannot be repaired, and the shipp ''Mary'' made so good as shee was<br />
immediately before the said encounter for lesse then two hundred and ten<br />
pounds sterling. And further cannot depose:-/
To the 3. hee saith, That by meanes of the dammage done to the ''Mary'', as is<br />
predeposed, the Master thereof hath bin constrained to keepe her here from the<br />
time of the said dammage done till this resent to be repaired and fitted<br />
againe to sea. And saith, the said shipp being a constant trader for Coales<br />
from Newcastle to London, hath by the meanes predeposed lost the oportunity<br />
(ofeposed lost the oportunity<br />
(of +
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