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The 4.th day of January 1653: [CENTRE HEAD … The 4.th day of January 1653: [CENTRE HEADING]
Examined upon the said Allegation:-/
'''2,us'''
'''John Thomas De Milute''' of Cadiz in<br />
Spaine Merchant aged 23. yeares or thereabouts<br />
a Witnes sworne and examined.
To the first second and third articles of the said Allegation hee saith That<br />
in or about the moneth of September last past hee this deponent<br />
being at Saint Malloes in ffrance saw the shipp the ''three Kings'' allate lying there<br />
and taking in a lading of linnen Cloath and other goods wares and<br />
Merchandizes to be transported in the same for Spaine. And otherwise<br />
saving his subsequent depositions hee saith hee cannot depose./
To the 5. and 6th articles hee saith and deposeth, That after the said shipp<br />
the ''three Kings'' was so laden as aforesaid, shee departed in Companie with<br />
six ffrench shipsp from Saint Mallo towards Cadiz in Spaine and in her<br />
Course thitherwards was mett with by the ''Saphir ffrigatt'' a shipp in the immediate<br />
service of this Commonwealth, which at her first comeing up with the said fleet<br />
without any haleing of them or any of them, so farr as this deponent observed<br />
discharged one broad side upon the french Admirall and presently after another and upon the<br />
Vice Admirall of that fleete and soe the said frigat and the said french<br />
shipps continued ingaged for an howre and upwards, during which time the<br />
said shipp the ''three Kings'' being to the leeward of the said french shipps<br />
did not discharge one gunn nor made any opposition against the said English<br />
shipp. The premisses hee knoweth being a Passenger in and aboard the said<br />
shipp the ''three Kings'' at the time of the passages predeposed And further<br />
cannot depose:-/
To the 6. 7. and 8:th hee saith and deposeth, That this deponent being as afore<br />
said passenger in and aboard the said shipp the ''three kings'', after the fight<br />
had continued above an hower between the sayd English ffrigat and the two french<br />
shipps, heard some of the Company of the said french Admirall speake<br />
Spanish to his precontest Joachim Beane, That if hee woud not shoot and<br />
assist him in the fight afaints the said ''Saphire frigat'', they would sinke the said<br />
shipp videlicet the ''three Kings'', or words to that effect, Whereupon this deponent heard the<br />
said Joachim Beane give order to his Gunner and Companie to fire some<br />
6. or 7. gunnes at random, and to bee sure to place them so that they might not<br />
reach or endammage the said frigat or Companie, and saith that accordingly<br />
some 6. or 7. gunns were discharged from the said shipp the ''three Kings'', but at<br />
such a distance and in such a manner, that to the best of this deponents Judgement<br />
they did not nor could not possibly come neare the said frigat, at any waies<br />
to annoy or endammage her. Which hee deposeth upon the reasons aforesaid<br />
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<br />
([?gott] ''three Kings'' were<br />
([?gott] +
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