HCA 13/70 f.107v Annotate

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HCA 13/70 f.107v: Right click on image for full size image in separate window


of the sea which by the rather did for that the sayd shipp by
her sayling seemed to desire to speake to the Martha, which her
desire afterwards appeared to be for want of bread and provisions
she having bene longe att sea and having upon the matter spent
all her victualls, so as her Company did evidently appeare to
this deponent to be in a very great strait and want of provisions.
And moreover saith that in his this deponents Judgment the sayd
Pibus could not have seized and brought away the sayd Dutch
built vessell without very great danger, for he saith if the
peace had bene concluded (as the hopes then were) he had bene
lyable (as this deponent conceyveth) to have made good all the
dammages befalling the sayd Dutch=built shipp by such seizure and
detention. And in case the peace were not concluded, and it had
happened that the sayd vessell had bene rescued and the Martha had
bene taken by the dutch (which might easily have happened the
Martha being not furnished for fish (or defence) the sayd Pibus
this deponent and Company of the Martha had bene lyable in this
deponents judgment to have bene punished as Pirates for making
such a seizure without any Commission to warrant it, and beleiveth
that in such case the hollanders would have executed the sayd
Pibus and others of his Company as Pyrates, And further allso
doth beleive that the sayd Pibus, if he had made the sayd seizure
had bene lyable to have made good to his ymployers all such dammage
as might have befallen them in regard of such seizure. And
further or otherwise referring himselfe to the law, he saith
he cannot depose.

To the 5th article of the sayd allegation This deponent saith that there were
not any goods or merchandizes taken out of the sayd dutch built
vessell by the sayd Pibus or any other with his privity or Consent
(so farr as this deponent who was present and saw all the passages did
or could see or observe) but such as were exchanged by way of
barter and truck for other goods delivered to the sayd dutch=
built vessell by rge Martha. [#]

for the receipt of
which the sayd Pibus
had a note delivered
to him, in this deponents
presence by the Master
of the sayd Dutch=built
vessell and underwritt
with his the sayd Dutch
Masters owne hand
wherein it was acknowledged
that the goods delivered
out of the Dutch built
vessell were in leiw of
the provisions wherewith
she was furnished by the

And otherwise he cannot depose

To the 6th article of the sayd allegation he saith that the sayd Pibus and
Company upon the weighing of their Anchor neere the boy of
the Nowre in this iver brought upp a small anchor and peece
of a Junck much rotten and having as should seeme longe layne
in the water, and the same were taken into the Martha, And