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The third of March 1655 [CENTRE HEADING]
… 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<br />
second Mate of the sayd shipp the ''Exchange'', aged twenty eight<br />
years or thereabouts a witnes produced sworne and examined<br />
saith and deposeth and followeth. videlicet.
To the first and second Articles of the sayd Libell this deponent saith that for and during<br />
the tyme libellat the arlate Captaine Wilkinson and Company were the<br />
Lawfull reputed Owners of the sayd shipp the ''Exchange'' and of her tackle apparell<br />
and furniture, And he saith that the sayd shipp with in the sayd tyme was bound<br />
out upon a voyage from this Port of london to Virginia, and had goods and<br />
marchandizes of good value and severall passengers on board her to be<br />
transported thither in her. And for her better and more secure passage into<br />
the downes in order to proceed on her sayd voyage, the arlate James Waring or Warren<br />
was taken and admitted to be pilot of the sayd shipp to sayle and conduct her<br />
out of this river of thames into the Downes aforesayd, And he the sayd Waring<br />
tooke upon him the sayd office of pilot to conduct aćcordingly, and had committed<br />
to him and aćcepted the ćare and charge of the sayd shipp and her lading as<br />
pilott, and undertooke to pilot and conduct the same from the sayd River into<br />
the downes aforesayd. All which hee knoweth to be true for that he was<br />
second Masters mate in and aboard the sayd shipp the sayd intended voyage, and<br />
sayled in her till she bećame hurt and damaged as hereafter is [?expressed]. And<br />
otherwise hee cannot depose.
To the third article of the sayd Libell he saith that having followed the imployment of the<br />
sea in generall shipps for thirteen years and upwards he thereby knoweth<br />
that it is the law of the seas, and a [?CouXon] used and Custome that when a<br />
Pilott be admitted and taketh upon him the ćare of conducting a shipp from<br />
one place to another the Company and Mariners of the sayd shipp are and<br />
ought to follow the direction and Orders of such Pilot, and obey him in what<br />
he commandeth touching the sayling of such shipp, though the Captaine, master<br />
or other cheife Commander of such shipp be on board and five noe Command<br />
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<br />
Pilot as aforesayd, did sett sayle therewith out of the River Thames, and<br />
ćame neere to a places (sic) where the Buoyes bye being not farr from the Gore<br />
or Reculvers arlate, att which tyme the sayd shipp being so come neere the Buoyes<br />
had not above three fathom water and as she then sayled was in danger of<br />
running upon the sands which the sayd Waring though he were continually told<br />
of what depth the water was did not seeme to take notice of And this deponent<br />
as others of his mates likewise did discovering the Buoyes cryed out and<br />
aćquainted the sayd Waring therewith, whereupon the sayd Waring did give order<br />
to sett upp the maine sayle, and within halfe a quarter of an houre hee after<br />
the sayd shipp ram upon the the sands and striking violently severall [?shokes] upon the<br />
same broke her rudder, and bećame otherwise so such and dammified that<br />
she bećame unable to proćeed upon her sayd voyage, And soe much this<br />
deponent well saw and knoweth to be true. And otherwise to these Articles<br />
ćannot depose, saving that the sayd Waring whilest hee was Pilotting the<br />
sayd shipp did often sweare and ćurse.
To the sixth and seventh articles of the sayd Libell he saith by reason of the<br />
hurt done to the sayd shipp and by losse of the sayd voyage and by the losse of<br />
severall goods and provisions and dammage done to other of their goods they the<br />
sayd Wilkinson and Company did in this deponents judgments suffer losse and<br />
dammage to the value of betwixt two and three thousand pounds sterling<br />
And he saith that the sayd losse and dammage, and alsoe the hazard of mens lives in the<br />
saydzard of mens lives in the<br />
sayd +
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