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To the ninth article of the sayd allegatio … To the ninth article of the sayd allegation This deponent saith that the doresayd 20 merchants<br />
shipps being subdued as aforesayd Captaine Mymes secured about 18 of their Masters<br />
and manned some of the vessells. and saith that of the sight of this deponent<br />
one of the foresayd shipps videlicet the ''Hope'' whereof Hendrick Martin was<br />
Master being a good shipp of 13 gunnes had att the seizure of her by<br />
the English eight gunnes ready primed four in her steerage and four<br />
in her forecastle and two Limstockes ready lighted standing by the sayd<br />
primed gunns which he knoweth being one that first tooke possession of<br />
her after she was subdued.
To the 10th article of the sayd allegation he referreth himselfe to his foregoeing<br />
depositions and otherwise cannot depose.
To the 11th article of the sayd allegation he saith that there was not any English<br />
shipp or vessell within shott of any of the foresayd shipps subdued as<br />
aforesayd untill after they had all yeilded to the ''Elizabeth frigat'' and were<br />
subdued by her, but saith there was a small vessell of dover commanded<br />
by Captaine Allington aforesayd att that tyme about 2 leagues off att sea and<br />
allmost, being a small vessell, out of sight.
To the 12th article of the sayd allegation he saith he cannot depose.
To the Crosse Interrogatories [CENTRE HEADING]
To the .1. Interrogatory he saith he was masters mate of the ''Elizabeth frigot'', and<br />
comes by command to testify the truth in behalfe of the Commonwealth. And<br />
further cannot depose.
To the 2. Interrogatorrie negatively to every part thereof.
To the .3. Interrogatory he saith shipps of warr may meet merchants shipps<br />
att sea and in case they be better saylers may accompany or [?ware] them<br />
whether they will or noe.
To the .4. Interrogatory he saith he knoweth not when or where the foresayd ffleet was<br />
taken to Convoy nor can depose positively whether they mett accidentally<br />
att sea, but referreth himselfe to his foregoeing depositions. And saith<br />
there was so fair a gale of wind the tyme interrate that the sayd ffleet<br />
might have kept on their course, and were not becalmed nor necessitated<br />
to tack about with the Hollands men of warr, and saith the merchants<br />
men were att the tyme of fight about a mile from the shipps that fought.
To the 5 Interrogatory he saith the ''Elizabeth'' is an able frigot of .40. gunnes, and<br />
saith that in case the ''Elizabeth'' had bene engaged with the men of warr<br />
in fight and that the sayd merchants shipps had ioyned in fight<br />
fought in assistance of the Hollands men of warr the ''Elizabeth'' in<br />
probability would have bene overcome by them as he beleiveth. and<br />
otherwise he cannot depose.
To the 6th Interrogatory he referreth himselfe to his foregoeing depositions and<br />
otherwise cannot depose.
To the 7th Interrogatory he saith the sayd merchants shipps did submitt themselves<br />
without fireing att the ''Elizabeth''. but not willingly. and otherwise saving<br />
his foregoeing depositions whereto he referreth he cannot depose.
Repeated with his precontest}<br />
before the Judges in Court}
Thomas '''+''' Crosse<br />
his marke/ [MARKE, RH SIDE]se<br />
his marke/ [MARKE, RH SIDE] +
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