HCA 13/68 f.388r Annotate

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The 4.th day of January 1653: [CENTRE HEADING]

Examined upon the said Allegation:-/

2,us

John Thomas De Milute of Cadiz in
Spaine Merchant aged 23. yeares or thereabouts
a Witnes sworne and examined.

To the first second and third articles of the said Allegation hee saith That
in or about the moneth of September last past hee this deponent
being at Saint Malloes in ffrance saw the shipp the three Kings allate lying there
and taking in a lading of linnen Cloath and other goods wares and
Merchandizes to be transported in the same for Spaine. And otherwise
saving his subsequent depositions hee saith hee cannot depose./

To the 5. and 6th articles hee saith and deposeth, That after the said shipp
the three Kings was so laden as aforesaid, shee departed in Companie with
six ffrench shipsp from Saint Mallo towards Cadiz in Spaine and in her
Course thitherwards was mett with by the Saphir ffrigatt a shipp in the immediate
service of this Commonwealth, which at her first comeing up with the said fleet
without any haleing of them or any of them, so farr as this deponent observed
discharged one broad side upon the french Admirall and presently after another and upon the
Vice Admirall of that fleete and soe the said frigat and the said french
shipps continued ingaged for an howre and upwards, during which time the
said shipp the three Kings being to the leeward of the said french shipps
did not discharge one gunn nor made any opposition against the said English
shipp. The premisses hee knoweth being a Passenger in and aboard the said
shipp the three Kings at the time of the passages predeposed And further
cannot depose:-/

To the 6. 7. and 8:th hee saith and deposeth, That this deponent being as afore
said passenger in and aboard the said shipp the three kings, after the fight
had continued above an hower between the sayd English ffrigat and the two french
shipps, heard some of the Company of the said french Admirall speake
Spanish to his precontest Joachim Beane, That if hee woud not shoot and
assist him in the fight afaints the said Saphire frigat, they would sinke the said
shipp videlicet the three Kings, or words to that effect, Whereupon this deponent heard the
said Joachim Beane give order to his Gunner and Companie to fire some
6. or 7. gunnes at random, and to bee sure to place them so that they might not
reach or endammage the said frigat or Companie, and saith that accordingly
some 6. or 7. gunns were discharged from the said shipp the three Kings, but at
such a distance and in such a manner, that to the best of this deponents Judgement
they did not nor could not possibly come neare the said frigat, at any waies
to annoy or endammage her. Which hee deposeth upon the reasons aforesaid
And further to theise articles hee saith hee cannot depose:-/

To the 9th hee saith, That as soone as the said shipp the three Kings were
([?gott]