HCA 13/73 f.139r Annotate
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To the sixth hee saith that the said shipp when shee was seized had tenn guns aboaard
and belonging to her, twelve muskets, six swords, some pistolls and other weapons
and a munition, which had in her when shee was in the West Indies, and
caried them in her thither and brought them away againe, and besides them, shee
carried to and sold or disposed and left in the said West Indies some muskets
some pistolls, some hangers some rapiers or swords, and other weapons and
some match, and alsoe sold and disposed and left wines, Spicerie and other
things there, namely at Truxilla and honduras where the said John Lopez and
company dispatched thereof, all which hee knoweth going the said voyage, and
seeing the premisses soe donne.
To the seaventh hee saith there is and for theise three yeares last at least there hath bin
warr and hostilitie betweene England and Spaine, and saith the said shipp and
lading were and are good prize to this nation for the reasons aforesaid, and saith
the Spaniards frequently said (before the English their comming aboard at Milford)
that if the English came aboard and found them and the Sassaperilla aboard, all
would be made prize, or to the same effect. And further hee cannot depose
To the last hee saith his foregoeing deposition is true.
To the Interrogatories. [CENTRE HEADING]
To the first Interrogatorie hee saith hee cometh by the order of Mr Budd to
testifie in this cause, and that it will be noe proffit to him although the said
shipp and lading should be made prize, nor dammage or losse to him though
they come to be cleered, hee as hee saith deposing mearly for the truth sake, and not for
gaine, having refused the offer of foure hundred gilders, which at Bristoll was
offered him to be instrumentall to make the said shipp and goods prize, and saith
hee hath not received nor expecteth ought for his deposition.
To the second hee answereth negatively.
To the third hee saith that for the reasons aforesaid and for the Spaniards saying
that if the English came aboard and opened the hatches, and found them and [XXXXds]
they would be all prize, hee verily in his conscience beleeveth the said shipp
and lading to be good prize to this nation, and saith it is all one to him
whether they be prize or cleared, but in regard of the Spaniards words aforesaid
hee this examinate (if hee were Judge of this busines) would make them prize.
And further hee cannot answer.
To the fourth hee saith hee can speake and understand the dutch, ffrench and
Spanish languages, and was five yeares (within three monethes or thereabouts
in the said Spanish West Indies and never in Spaine, and saith that the
occasion and manner of his comming into the said Indies was this videlicet, somewhat
above five yeeres since, a Scotch man at Amsterdam enquiring for
a house which this deponent knew, got this deponent upon promise of rewarding
him to show it him, which this deponent did, and therein (being a victualling
house) the said Scotchman made much of this deponent and gave him soe
much brandewine, wine and beere that hee made this deponent quite drunck,
and being soe, caused this deponent to be carried aboard a shipp, wherein
hee saith hee was carried first to Tobago neere Barbados, thence this deponent was carried to
Trinidad, and thence to Margarita, thence to Comanagat[XC], and soe
to Comana, where at last hee met with the said shipp hope, and cannot
write or reade
To the fifth and 6th hee saith that espying the said shipp at Comana, and willing
to get away thence, hee went aboard her, and being sick desired the said Captaine
Lopez to give him passage hence, and the said Captaine received him, and afterwards
when the shipp came to honduras, hee was made Cookes mate of her first and then
Cooke, and never saw the said shipp before such her comming to Commana, which
was about twenty monethes since, and then alsoe first saw the said John Lopez
and thenceforth became acquainted with him.