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The 29th of May 1657.
Ewen against prior} … The 29th of May 1657.
Ewen against prior}
Examined upon the foresaid libell.
'''Rp. 3us.'''
'''William Barnes''' of Greenwich in the County of kent Labourer<br />
aged 56 yeares or thereabouts, sworne and examined.
To the first article of the said libell hee saith and deposeth that hee well<br />
knoweth the producent Mary Ewen and the bancks and wharfe arlate, having<br />
often times wrought thereat, and saith the said Mary was and is commonly<br />
reputed owner and proprietor of the said wharfe and bancks.
To the second and third articles hee saith that for severall yeares last this<br />
deponent hath at severall times seene severall lighters and lightermen or<br />
other persons in and with them take up gravell in the river of Thames<br />
neare the said wharfe and bancks, and make sundrie greate pitts or holes<br />
by such taking up gravell neare the said bancks and wharfe, some<br />
of the said pitts or holes being as hee saith foure foote deep, and other<br />
holes neare the mill wharfe some of five deep and some more and<br />
somelesse, by reason of which taking up of gravell, diverse<br />
hills have bin and are made betweene the said pitts and holes, by meanes<br />
of which said pitts, and hills, hee saith it hath bin and is dangerous<br />
for shipps, boates and other vessells to passe or come neere unto the said<br />
wharfe, all which hee knoweth having seene and taken notice thereof<br />
And saith the arlate Richard Prior hath bin said and reputed to have<br />
lighters amongst them that this deponent hath soe seene, and about<br />
Michaelmas last this deponent being at worke upon the said wharfe<br />
sawe the said Priors lighter at worke neere the same taking up ballast<br />
or gravell at the place where the said pitts and holes were made.<br />
the said lighter being then made stay of for the said dammage, and hee<br />
the said Prior coming to cleare the said lighter as his owne, and<br />
acknowledged it to be his.
To the fourth and 5th hee saith that by reason of the foresaid digging and making<br />
holes and pitts by the said lighters and such as worked in or with them, the<br />
bancks of the said wharfe have broken and fallen or calved into the river,<br />
about the repaire whereof hee saith the said mris Ewens hath of late<br />
bin at much cost and charges for workemanshipp and materialls, this<br />
deponent having wrought there long about the said repaires, occasioned<br />
by the premisses, namely by the taking up gravell and making holes and pitts<br />
by lighters neare the said wharfes, and saith shee is at a continuall charge<br />
thereabouts, insoemuch that this deponent and three or foure labourers more<br />
have for their worke earned about twenty pounds a peece of her for their<br />
worke thereabout, besides what shee hath paid to other workemen<br />
and for materialls of wood and other things.
To the Interrogatories. [CENTRE HEADING]
To the first hee saith hee hath lived for theise thirtie yeares last at<br />
Greenwich, and hath and doth live by his labour, and favoureth the parties<br />
indifferently, and would give the victory accordingly. And otherwise hee referreth<br />
himselfe to his foregoeing deposition.
To the second hee saith it hath bin usuall for lighters to take up ballast<br />
with shovells upon shelves in the River of Thames, but not allowable<br />
for them to worke with nets as of late they have used neere wharfes or<br />
bancks, as they have done as<br />
aforesaid neere the said bancks and wharfe of the producent. And otherwise<br />
hee cannot depose.
To the third hee cannot answer saving as aforesaid.
To the fourth and 5th hee saith that about tenn or eleaven yeeres since mris Ewens<br />
[?her GUTTER]since mris Ewens<br />
[?her GUTTER] +
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