HCA 13/68 f.28r Annotate

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warr actually fighting against the English. And saith the masters and Company
of the sayd Merchant men could not but take notice that the sayd shipps that fought
the Elizabeth were Hollands men of warr and enemyes to the English howbeit
he saith they kept not on their way but tacked about in assistance of the sayd
Hhollands men of warr and struck not till the Elizabeth had made 5 or 6 shotts
at them, and were att last taken and subdued in their flight from the
Elizabeth, which he knoweth being then present in the Elizabeth and
otherwise cannot depose.

To the nynth article he saith that the sayd shipps being subdued Captaine Mynnes did
secure most of their Masters and manned some of their vessells and further
he cannot depose.

To the tenth article he saith he heard the Boatswaine of the sayd shipp Hope Martin Minders
master saye and affirme in the presence of this deponent and his contests, Major
Paynter and Ash that the sayd shipp Hope came frome Amsterdam and was
to returne thither att her comeing from Ffrance with her ladeing, and
that most of her Company were of Amsterdam and all Hollanders but the
master. and saith there was of this deponents sight an hollands Ancient
being ript and torne aboard the sayd shipp Hope and the sayd Boatswayne
did confess and declare that the sayd vessell was good prize to the English
and that himselfe was an Amsterdammer and had his wife and family there.
and otherwise referring himselfe to his foregoeing depositions he
saith he cannot depose.

To the eleventh article he saith there was a private man of warr of Dover about 2 leagues
off att sea when the said ffleet was subdued, but there was not any English vessell
att all within shott of the sayd ffleet or any of them when they were
subdued by the Elizabeth so farr as this deponent knoweth or hath heard.

To the 12th article he saith he heard the foresayd Boatswayne of the Hope
say that some of the sayd ffleet or merchant men thereof not naming
which of them came lately from fflushing and otherwise he cannot

[CENTRE HEADING] To the Crosse Interrogatories

To the 1. Interrogatory he saith he was one of the shipp Elizabeth her Company
and testifyed the truth so farr as he knowes. and otherwise cannot depose.

To the 2. Interrogatory negatively to every point thereof.

To the 3. Interrogatory he saith that shipps of warr of any nation may meet merchant
men att sea and Company with them or [?ware] them.

To the 4. he saith he knoweth not where the Merchants men were taken to
convoy, nor whether they mett accidentally att sea and saith the sayd shipps
were not be becalmed but had a fine leading gale of wind and might have
gone on their course from the Elizabeth if they had not tacked and stood with their
sayd Holland convoy. and saith that some of the sayd merchants shipps were
about a mile, some about halfe a mile, some about a quarter of a mile
from the sayd shipps that fought att the tyme of fight, and otherwise saving
his foregoeing depositions he cannot depose.

To the 5. 6. and 7th interrogatories he saith that the Elizabeth had 40 gummes
[?and might have bene subdued by the sayd ffleet at merchants and men off warr]
if they had vigorously applyed themselves in fight against her as he beleiveth and saith the sayd
Merchant shipps did not submitt willingly, but did howsoever submitt to the
Elizabeth without firing any [gummes] against her and otherwise saving his
foregoing depositions cannot depose.

[LEFT] Repeated with
his precontest in
Court before the Judges

[RIGHT] William S. Summers
his marke



Captaine Mymes, Commander of the Elizabeth frigot and Company

Martin Minders, boatswaine of the Hope, Asterdamer, with his wife and family there