HCA 13/68 f.26r Annotate
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To the ninth article of the sayd allegation This deponent saith that the doresayd 20 merchants
shipps being subdued as aforesayd Captaine Mymes secured about 18 of their Masters
and manned some of the vessells. and saith that of the sight of this deponent
one of the foresayd shipps videlicet the Hope whereof Hendrick Martin was
Master being a good shipp of 13 gunnes had att the seizure of her by
the English eight gunnes ready primed four in her steerage and four
in her forecastle and two Limstockes ready lighted standing by the sayd
primed gunns which he knoweth being one that first tooke possession of
her after she was subdued.
To the 10th article of the sayd allegation he referreth himselfe to his foregoeing
depositions and otherwise cannot depose.
To the 11th article of the sayd allegation he saith that there was not any English
shipp or vessell within shott of any of the foresayd shipps subdued as
aforesayd untill after they had all yeilded to the Elizabeth frigat and were
subdued by her, but saith there was a small vessell of dover commanded
by Captaine Allington aforesayd att that tyme about 2 leagues off att sea and
allmost, being a small vessell, out of sight.
To the 12th article of the sayd allegation he saith he cannot depose.
To the Crosse Interrogatories [CENTRE HEADING]
To the .1. Interrogatory he saith he was masters mate of the Elizabeth frigot, and
comes by command to testify the truth in behalfe of the Commonwealth. And
further cannot depose.
To the 2. Interrogatorrie negatively to every part thereof.
To the .3. Interrogatory he saith shipps of warr may meet merchants shipps
att sea and in case they be better saylers may accompany or [?ware] them
whether they will or noe.
To the .4. Interrogatory he saith he knoweth not when or where the foresayd ffleet was
taken to Convoy nor can depose positively whether they mett accidentally
att sea, but referreth himselfe to his foregoeing depositions. And saith
there was so fair a gale of wind the tyme interrate that the sayd ffleet
might have kept on their course, and were not becalmed nor necessitated
to tack about with the Hollands men of warr, and saith the merchants
men were att the tyme of fight about a mile from the shipps that fought.
To the 5 Interrogatory he saith the Elizabeth is an able frigot of .40. gunnes, and
saith that in case the Elizabeth had bene engaged with the men of warr
in fight and that the sayd merchants shipps had ioyned in fight
fought in assistance of the Hollands men of warr the Elizabeth in
probability would have bene overcome by them as he beleiveth. and
otherwise he cannot depose.
To the 6th Interrogatory he referreth himselfe to his foregoeing depositions and
otherwise cannot depose.
To the 7th Interrogatory he saith the sayd merchants shipps did submitt themselves
without fireing att the Elizabeth. but not willingly. and otherwise saving
his foregoeing depositions whereto he referreth he cannot depose.
Repeated with his precontest}
before the Judges in Court}
Thomas + Crosse
his marke/ [MARKE, RH SIDE]