HCA 13/71 f.398v Annotate

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HCA 13/71 f.398v: Right click on image for full size image in separate window


severall other goods and Merchandizes for Accompt of them the sayd Nayler
horne and Company to bee disposed of at Guinney for their best advantage
this hee knoeth being Master of the sayd shipp imediately after the hireing
thereof and soe constituted by the sayd Nayler horne and company who alsoe
made this deponent Cape Merchant for the disposeing of the goods thereby
them laden for their best advantage at Ginney, as alsoe for that hee was
present when the sayd Nayler horne and Company soe hyred the sayd shipp
and saw the sayd goods laden aboard her for their Accompt and signed bills of
ladeing for the same and thereby knoweth that they were the true and lawfull
Owners and proprietors of the sayd goods and soe ˹generall˺ accompted And further to
this article hee cannot depose./

To the 3 hee saith hee referreth him selfe to the articles of the Peace arlate And
further cannot depose./

To the 4th and 5th articles of the sayd allegation hee saith that in the moneth
of January 1655 (the sayd shipp the Justice being then lyeing at a place in
Guinney called Cape Sarrillon which is a place of ffree trade for shipps of this
Commonwealth) the arlate Mounsieur de La Rose Commander of the
Shipp the dutchesse arlate and three other french shipps of warr and their
Companyes subiects of the king of ffrance did there upon the second day
of the sayd moneth of January 1655 English style in a hostile manner
sett upon and surprize the sayd shipp the Justice of Dover and all her
ladeing of Copper barrs and other Merchandizes laden aboard her as
aforesayd for Accompt of the sayd Nayler horne and Company, and all
her tackle apparrell and furniture and provisions and materialls belonging
to her, and saith that hee this deponent at the tyme of such seizure did
acquainte the sayd de La Rosse and Company that there was then a [?peace GUTTER]
and amity concluded and agreed upon betweene England and ffrance
and the subiects of each Nation and therefore hee ought not to [?XXXXX GUTTER]
him this deponent in the quiet enioyment of the sayd shipp and goods therein
nor make any seizure thereof or words to that effect whereto the sayd de La
Rosse replyed and sayd thus or to the like effect videlicet what is that to mee
I care not for that, whereto this deponent replying to the sayd de La Rosse
and adviseing him to have a care what hee did and telling him that there
were more shipps in England, and that hee this deponent did not doubt
but hee should gett an other shipp whereby to bee able to defend him selfe
from him the sayd de La Rosse and recover satisfaction of him the sayd de la
Rosse at some other tyme for the wrong hee then offered him contrary to
the peace concluded betweene both nations, the sayd de La Rosse threatened
him this deponent to hange him, and soe notwithstanding hee was by this
deponent advertized of the sayd peace concluded did still continue his sayd
seizure of the sayd shipp and ladeing aforesayd whatsoever, and all her
masts, sayles, rigging, Anchors, Cables, provisions, and other appurtenances
whatsoever to her belonging, and Converted them to his the sayd de La Rosse
and Company their owne use and benefitt and afterwards sett the sayd shipp
on fyre and burnt the same, and turned this deponent and his Company
the Justice on shoare amongst the Negroes at Cape Sarillon
this hee deposeth of his owne sight and knowledge the premisses being
and done in manner aforesayd in sight not only of this deponents but [?also GUTTER]
all the part of the Company of the Justice, and of
the company of a dutch vessell then alsoe present called the shipp [?Euphrana] and [?XXX GUTTER]
Mr Garrett Bremer Merchant of her And further to these articles hee cannot depose