HCA 13/73 f.166v Annotate
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To the fifth hee saith that in the said shipps retourne from Santa domingo
towards Santa Cruse, the said Spanish Captaine said and declared that hee was
to carry and discharge the said vessell at Cadiz, and (as this deponent heard)
hee gave bond at Santa Cruse to that purpose. And further cannot depose.
To the 6th hee saith that after the said shipps departure from Santa Cruse
in her retourne and being in her course towards Cadiz, there was a ffleete
of ffrench Newfound land men espied, whereupon the said Captaine
seeing them, caused certaine papers
and the Spanish flagg to be put into a bagg and throwne over board,
and although hee did not see such putting in of the papers and flagg into
the bagg, yet hee well knoweth they were therein, but saw as hee saith the
said throwing of the said bagg over board with the said papers and flagg therein
such throwing over board being donne by the boat swaines mate, by the said
Captaines order, And further hee cannot depose.
To the 7th article hee saith that the said shipp being arived in the Roade
of Gibraltar on the coast of Spaine, the said Spanish Captaine and the
Spanish master and John Moller the Sopracargo departed and went ashore
to goe for Cadiz, and abo[?ut] six dayes after, the said Moller retourned
aboard (leaving the said Captaine and master behinde) and said that the
shipp must goe to Cadiz to discharge hides and cacoa, and the said shipp
setting saile and being in her course thetherward, hee saith shee was
met with by a fflute which came to receive the said hides
and the said Spanish master came therewith, and being soe come
both the said vessells came to anchor, and then the companies fell to
taking out of the hides and cacoa and putting them into the said fflute, and while
they were busie thereabouts, a storme arose, which forced both the said vessells
into the said bay of Gibraltar, where they came to anchor and fell
againe to their former worke, all which hee knoweth being present and
seeing the same. And further cannot depose.
To the eighth hee saith that while they were soe againe busie about the
said lading in the said bay of Gibraltar, the ffairfax frigot under
command of Captaine Story came and seized the said two vessells and
all the said lading, and saith that as hee was informed there should have
binnine thousand hides in all taken out of the Mary and put into the
said fflute, if the said seizure did not happen, and further saith that the
cacoa that was taken out was to make way for comming at the hides
and was afterewards to be taken back againe out of the fflute into the Mary
And further cannot depose.
To the nineth hee saith hee cannot say upon whose account the outwards
lading was taken in at amsterdam, but well knoweth that the said Spanish
Captaine had the disposall thereof, and saith John van Lynen commanded
the said vessell till shee came to Santa Cruse, and comming in her outward
proceeding on the coast of Portugall