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On the 21th of September 1655. [CENTRE HEA … On the 21th of September 1655. [CENTRE HEADING]
Cary and Company Owners of the}<br />
''Sisters'' against the shipp the ''Desire''}<br />
and against John Jackson and Comapny}<br />
Suckly Allen Cheeke}
Upon the allegation given in<br />
admitted on the behalfe<br />
of Jackson and Company./
'''1)'''
'''Giles Nicholls''' of Sheilds in the Bishopwricke<br />
of Durham Mariner, where he hath lived<br />
these 20ty yeares or thereabouts aged about 50ty<br />
yeares, a wittnes produced and sworne and being<br />
examined he deposeth as followeth./
To the first article of the said allegation he deposeth and<br />
saith. That he the deponent was Masters Mate of the<br />
articulate shipp the ''Desire'' on the fourth day of ffebruary<br />
last past, and on board her when the said shipp was<br />
bound in for Tinmouth haven to take in her lading of<br />
Coales there, and that the sayd shipp being come about<br />
halfe way within the barr, the winds were soe strong<br />
and crosse that the sayd shipp could be gott noe further<br />
into the sayd haven, and that therefore the Master and<br />
Company of her were forced and did for preservation<br />
of the said shipp cast anchor there, and did there ride<br />
by her Anchors and cables for two tides being about the<br />
space of 24 hourers, The premisses he deposeth, for that<br />
he being Masters Mate of her and aboard her all the<br />
said time did well knowe the premisses predeposed to be true And<br />
further he cannot depose.
To the second article he deposeth and saith that of his<br />
certaine knowledge living at Sheilds many yeares, and having<br />
made many voyages into Tinmouth havern arlate, the place where<br />
the sayd shipp the ''Desire'' did ride at Anchor, is an<br />
usuall place for shipps to cast anchor and there to ride<br />
when crosse winds lett them from comming in further<br />
to the said haven, And that there was roome and<br />
space enough for the shipp the ''Sisters'' arlate to have<br />
passed by her the shipp the ''Desire'' without comming neere<br />
unto or hazarding her The premisses he deposeth for that<br />
he being Masters Mate and aboard her when the sayd<br />
shipp did soe ride at Anchor did see at least 20ty shipps<br />
passe by the said shipp the ''Desire'' in the very same tide<br />
before the ''Sisters'' came and fell foule of her, And<br />
further he cannot depose.
To the third article, he deposeth and saith That he the<br />
deponent being aboard the arlate shipp the ''Desire'' as is<br />
predeposed did perceive that the sayd shipp the ''Sisiters'' in<br />
her sayling out of Tinmouth with a fresh gale of wind<br />
did come directly against or towards the sayd shipp<br />
the ''Desire'', and that therupon he the deponent did call<br />
out to the Company of the shipp the ''Sisters'', and aske<br />
themthe ''Sisters'', and aske<br />
them +
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