HCA 13/68 f.1v Annotate

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To the fifth article of the sayd allegation This deponent saith that the arlate shipp
the Golden Starr being upon the English Coast and sayling in her course
as aforesayd was haled or called unto by the Captaine and Company of the
sayd Advantage frigot being come upp to her within pistolls shott and
within hearing; and the master and Company of the Golden Starr were
then demanded to declare and make knowne whence they were and whither
bound, and to send out their boat to the Advantage frigot then wearing
the colours of this Commonwealth, and to submitt themselves to be visited according
to the custome in such cases especially in the tyme of warr, which this
deponent knoweth being present and aboard the Advantage frigott
att the tyme of haling the sayd shipp Golden Starr as aforesd. And otherwise
cannot depose

To the sixth article of the sayd allegation This deponent saith that the Commander and
Company of the Advantage frigott before they made any shott against the
Golden Starr, being off att a distance gave her 2 or 3 warning peices
without any dammage to her, and not att her or into her, onely to give notice
to her to stay. And further saith when
they in the Advantage frigot came so neer to the Golden Starr as that they
could hale the Golden Starr, and before they gave the Golden Starr any
broad side or made any shott into or against her, the Advantage frigott
had upp and did weare the Colour of this Commonwealth, whereby the master
Captaine and Companie of the Golden Starr might know and perceyve that
the Captaine and Companie of the Advantage frigot were English and
that their shipp was in the service of this Commonwealth, all which this
deponent knoweth being aboard the Advantage frigot, and saw and
observed the premisses to be as he hath now declared. And otherwise
cannot depose.

To the seventh article of the sayd allegation This deponent saith that the premisses
notwithstanding the sayd master and Company of the Golden Starr
delayed to submitt themselves to be visited saying they had not any
boat to send aboard the Advantage frigot to that purpose, and by
their postures and language did evidence it to the deponent and the
rest of the Company of the Advantage that they intended resistance
against the Advantage frigott being but a small shipp and noe
other English shipps at that tyme in sight, whereupon the Advantage
frigot gave fire upon the the Golden Starr, and was immediately
answered in like manner from the Golden Starr, And the Master and Company
thereof violently assaulted and resisted the sayd shipp the Advantage
frigot being in the immediate service of this Commonwealth, and bearing
the Colours thereof, and fought with the Captaine and Company thereof as Enemyes
in an hostile manner, and continued fight with them upon the sayd English
seas att the place aforesayd for three howres and upwards videlicet from
before 9 of the Clock in the morning till about 12 att noone before
any more English shipps came in, and killed some of the Company of the
Advantage, and wounded others, and used their best endeavour with the
shipp