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his said brother staid still in the frigot … his said brother staid still in the frigot to the end to goe to the king [of GUTTER]<br />
Spaine and obtaine reparation of their said vessells and goods; which<br />
according his said brother (as hee afterwards wrote into [holl?and GUTTER]<br />
procured, (namely libertie for himselfe and sentence of restitution<br />
of both the said shipps and their goods, with license to saile to Santa<br />
domingo with a dutch shipp and dutch men to fetch away the said<br />
shipps and lading. Which newes ariving at Amsterdam by [?letter GUTTER]<br />
from his said brother, this deponent coming to Amsterdam<br />
to give his owners an account of their voyage, was by them in or<br />
about december 1655 new stile sent from Amsterdam for Cadiz to assist his<br />
said brother, and to buy or freight a shipp for Santa domingo<br />
for the effect aforesaid, and consigned this deponent to John [dorXXX GUTTER]<br />
and Peter Pulla the younger (sonne of the said Peter one of the<br />
owners) both dutch men resident in Cadiz to be by them supplied<br />
with moneys for the ends aforesaid, And this hee saith is true and<br />
publique.
To the fifth article hee saith and deposeth that soone after this deponents<br />
arrivall at Cadiz hee there bought the shipp the ''Nicholas'' (now<br />
in question and claimed) of and from Vice Admirall de Rutter, who<br />
was there with a Squadron of Holland men of warr, and [some XXX GUTTER]<br />
that hee had taken from the Turkes, whereof the ''Nicholas'' was [?one GUTTER]<br />
and was dutch built and had bin formerly taken from hollanders by the<br />
Turkes, and having soe bought her this deponent and his [?said GUTTER]<br />
brother mounted her with twelve guns, and laded aboard her [XXXX GUTTER]<br />
peeces of wine, and fiftie aroles of oile for account of the said<br />
owners, (claimers in this cause). ffor which goods and shipp and<br />
gunns, this deponent truely and really paid with moneys received<br />
at Cadiz. And whereas hee had order from the owners for moneyes to<br />
be received of their said factors only for freighting or buying of a shipp<br />
and this deponents said brother having alsoe gotten license of the king<br />
of Spaine for lading the said wines and oile, this deponent borrowed<br />
a thousand peeces of eight of an Irish merchant or factor there named<br />
Thomas Martin for paying for the said wine and oile, and contracted<br />
with him for repaying him there before his departure, in case his [XXX GUTTER]<br />
order came from his owners in answer to his letters for [XXX GUTTER]<br />
for discharging thereof, before his departure thence, but [?if GUTTER]<br />
the order came not before his departure, it should be secured upon<br />
the said shipp on bottomrie, but saith that about five or six dayes<br />
before his departure thence his order came directed to the said John<br />
dau[?mien] and Peter Poulla (from whom and from david Br[XXX GUTTER]<br />
arlate hee had before received moneys for paying for the shipp and guns<br />
who accordingly advanced the money, and therewith this deponent [?repaid GUTTER]<br />
and dischardged the said Thomas Martin. And further then the said<br />
shipp, guns and goods were bought and laded with the effects or<br />
moneyes advanced upon the account of the said owners, claimers in<br />
this cause. All which hee knoweth for the reasons aforesaid.
To the sixth article hee saith and deposeth that the king of Spaine<br />
sent a person of qualitie called (to his remembrance) the Conde<br />
da [X]elez in the said shipp ''Nicholas'' for Santa domingo to goe and be<br />
President at Santa domingo, in place of the other that had donne [XXX GUTTER]<br />
the foresaid iniustice, and as it was commonly said and reported that the<br />
maine cause moving the said king to the sending of this and displacing<br />
the other President, was the undue proceedings aforesaid of the other<br />
withgs aforesaid of the other<br />
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