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'''A:7:/.'''
The 21th Day of February of … '''A:7:/.'''
The 21th Day of February of <u>1655:-</u>
The Lord Protector against a certaine ship called}<br />
the ''fortune'' whereof daniel Egertson is Master}<br />
taken with wynes, and against the Earle of}<br />
Charott and others Owners of a ship of warr}<br />
called the ''golden Eagle'' of Callice, and against the}<br />
said Earle of Charrott and others owners of the}<br />
''Royall Marye'' a shipp of warr and against}<br />
all others - Smith - Budd.}
Examined upon Allegation on the<br />
behalf of the said Count Charrott and others
'''Rp. j.us'''
'''Eustace Benard''' of Callice in France<br />
Quartermaster of the shipp the ''golden Eagle''<br />
aged 46. yeares or thereabouts a Wittnesse<br />
sworne and examined saith as followeth./
To the first article of the said Allegation hee saith, That hee hath well<br />
knowne the shipp the ''golden Eagle'' arlate for about two yeares last past<br />
during which time shee hath alwaes belonged to the Port of Callice in<br />
ffrance, and that her owners and proprietors were and are Monsieur de<br />
Charrot Governour of Callice, Monsieur [?Plye] one of the Lords of the<br />
Admiraltie of Callice, Monsieur Bedfort Burgher and Marchant of<br />
Callice, and Monsieur [?heyde] Marchant and Burgher of Callice, and that the<br />
arlate John Bennard of Callice this deponents brother hath beene on<br />
the behalfe and by order of the said owner Captaine and Commander of<br />
the said shipp ever since such this deponents knowledge of her, this deponent<br />
having served aboard the said shipp as Quartermaster for 4. voyages past by<br />
her performed and being a Native and Burgher of Callice aforesaid, Hee<br />
further saith,That hee well knoweth the shipp the ''Royall Mary'' arlate<br />
whereof the arlate John Coverure was Commander, and that the said<br />
shipp of this deponents certaine knowledge hath for about 18. yeares<br />
last past belonged to the said Port of Callice, this deponent not knowing the<br />
particular Owners thereof, otherwise then that the said Monsieur [?le Coule]<br />
de Charrott and Monsieur Eyes, and Monsieur [?de Pas] Burgher of Callice<br />
and others Burghers of that place; The said deponent further declareth, That<br />
hee well knoweth,That the said ships have for theise two yeares and<br />
upwards been Commissionated from the king of ffrance, and employed as men<br />
of warr against the Spaniards under the respective Commanders aforesaid<br />
this deponent having severall times seene and perused the king of France his<br />
Commission to that effect aboard the said shipp ''Golden Eagle'', but [?never GUTTER]<br />
that of the ''Royall Mary'', onely saith that the said two<br />
shipps of warr have alwaies gone out in Companie from Callice for all the<br />
Voiages this deponent hath as aforesaid, served aboard the said shipp the<br />
''golden Eagle''. And further cannot depose:/
To the second article hee saith, That upon or about the 30th day of January<br />
1656. new style, the said Vessells or shipps of warr being at sea upon<br />
warlike expedition under Commission of the said king, mett with<br />
the shipp the ''fortune'' wherof the arlate daniel Egertson was Master<br />
laden with wynes from Nantes in france bound (as appeared to this<br />
deponent and Companie for dunquirke) about two leagues from the Cape<br />
of [?Griniay] betweene Callice and Bulloigne, and that they have her<br />
chase under the or the french Pavillon or Colours 6. or 7. howers consecutively<br />
the said shipp ''fortunes'' companie in the meane time endeavouring an escape<br />
from them with all industrie possible, the said french men of warr in<br />
the said pursuite discharging at and against the said shipp ''fortune'' about<br />
7. peeces of Ordnance with bullets, The premisses this deponent well<br />
and perfectly knoweth, being Quartermaster of and aboard the said<br />
shipp ''Golden Eagle'' in Companie with the said shipp the ''Royall Mary''<br />
[XXXX] during the fight and pursuit aforesaid./] during the fight and pursuit aforesaid./ +
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