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To the third article of the said Allegatio … To the third article of the said Allegation hee saith that in the said flight<br />
and pursuite, the said shipp ''fortune'' steered her course towards Dover<br />
the said shipps of warr running up cloase to her and being in a readinesse<br />
to board and take her of this deponents sight and knowledge.
To the 4th hee saith, that the said man of warr being in the chase<br />
of the said shipp ''fortune'' about 4. leagues from Dover a certaine shipp of<br />
this Commonwealth weighing anchor made towards them, and the Officers<br />
of the said English shipp understanding the ffrenchmens designe in<br />
the pursuite and endeavour to take the said shipp ''fortune'' and<br />
Lading, bidd them pursue their designe, during which time another<br />
shipp of warr of this state comeing from the Westward came up with<br />
the said shipp ''fortune'', and discharging two peeces of cannon against her, sent<br />
men aboard her in a boat, the said two frenchmen of warr<br />
being then readie to have boarded and seized her and her Lading<br />
which was as aforesaid, seized by the said Englishman of warr and<br />
brought by her into England, the frenchmen of warr being thereby<br />
deprived thereof. This premisses he saith he well knoweth<br />
as being in the quality aforesaid eyewitnesse thereof.
To the 5th he saith, That in all probability the said shipp ''fortune'' and<br />
Lading in case they had not beene mett with by the said frenchmen<br />
of warr had gone directly for dunquirke, the said shipp at the<br />
time there was mett withall as aforesaid, bearing up cloase for the<br />
french Coast in order, as by all appearanses, to her Course for<br />
flanders, which shee might very well have performed, in case shee<br />
had awt beene rencontred as aforesaid by the ffrench:/
To the 6th he saith, That if the said English frigatt had not been boarded and<br />
seized the said ''fortune'' at the time shee did, the said two<br />
frenchmen of warr had undoubtedly taken her and her lading, shee<br />
having only five pieces of cannon aboard her, whereas and about 9. or<br />
10. men whereas the one of the said frenchmen of warr had 12.<br />
peece of Cannon aboard her and about 94. men, and the other<br />
about 8. or 9. peece of Cannon and neere upon 100. men, and were xx<br />
ready to have boarded the said shipp ''fortune'', which they had immediately<br />
done had they not in obeissance to the said English ffrigatt upon a shott<br />
by her discharged, lowered their sailes, by meanes whereof they were<br />
retarded in their designe, which otherwise they had without doubt<br />
effected, and possessed themselves of the said shipp ''fortune'' and her lading<br />
by their owne force, without any assistance of the English:- The<br />
premisses hee saith hee well knoweth for that was an eye wittnesse<br />
of and serving aboard the said shipp the ''Eagle Royall'' dureing the said<br />
pursuite and seizure./ And further cannot depose./
To the 7th and 8th articles of the said Allegation, hee saith, That shortly after the<br />
said shipp ''fortune'' and her lading were seized by the said English<br />
friggatt and Companie aboard her, the Captaines of the said two french<br />
men of warr went aboard the said English frigat to demand the said<br />
shipp ''fortune'' and her lading as their prize, and went afterwards aboard<br />
the English Commander in chief in the downes, but returned, declaring that the<br />
said Commander had told them, that their right must be tryed in the<br />
Court of Admiraltie at London, and that if any thing proved to be<br />
due to them, they, (meaning the said french Captaines and Companies)<br />
(shouldptaines and Companies)<br />
(should +
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