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about three leagues from dover, betwixt do … about three leagues from dover, betwixt dover and Callice, and having<br />
haled and demanded both of the Companies of the said shipp ''fortune'' of<br />
and of the said frenchmen of warr to what place the shipp ''fortune'' belonged,<br />
and being answered by the french that there was a flandrian belonging to<br />
their enemies, subjects of the king of Spaine, the Office or Commander of<br />
the said frigat bade them pursue their designe, and departed from them<br />
not attempting at all any thing against the said shipp ''fortune'' but shortly<br />
after an English friggat comeing from the westward of England (and the<br />
said two frenchmen being in a readinesse to have boarded and taken the<br />
said shipp ''fortune'' and Ladeing) trame up and interposed dischargeing 2<br />
peeces of Cannon at the said shipp ''fortune'' and boarding and lading<br />
of her when the said frenchmen of warr were within a muskett shott<br />
of her, and ready to board and seize her as aforesaid . The premises hee<br />
well knoweth at being an eye-wittnesse thereof, and Master of the<br />
said shipp the ''Royall Mary'' during the pursuite and at the seizure aforesaid<br />
further declaring that the said shipp ''fortune'' and her lading were by<br />
meanes of the said seizure taken away from the said frenchmen of warr<br />
and they departed thereof, shee being since brought into the River of<br />
Thames and discharged of the lading by the Office of this Commonwealth<br />
And further hee cannot depose./
To the 5th hee saith that hee verily beleeveth and in all probability the<br />
said shipp ''fortune'' steering her Course soe neere to the french Coast<br />
as aforesaid, in case shee had not been pursued by the said two frenchmen<br />
of warr had gone directly for fflanders and had not been interrupted nor<br />
seized by the English, there being at that time no English men of warr<br />
upon the french Coast, nor so neere is that they could have espyed the said<br />
shipp ''fortune'' which this deponent well knoweth and observed together with others<br />
of the frenchmen of warrs respective Companies, haveing beene severall<br />
daies passing and repassing neere the said Coast in order to<br />
their said warlike employment./
To the 6th hee saith that in case the said English friggat and Companie<br />
had not boarded the said shipp ''fortune'' and taken her at they did, shee<br />
had inevitably fallen into the hands, and been surprized taken and possessed<br />
by the said two frenchmen of warr and their respective Companies, they<br />
being then closerup with her, not above a muskett shott distance from<br />
her, and ready to lay her aboard when the said English friggat seized her<br />
to whom they strikeing saile in obei[?stance] to the English flagg were<br />
thereby retarded from their immediately intended boarding and undoubted<br />
seizure of the said shipp ''fortune'' and her lading, they being each of them<br />
strong enough to have carried and conquered the said shipp ''fortune'' and<br />
Companie without any assistance from the English, And further saving<br />
his subsequent deposition hee cannot depose./
To the 7th and 8th hee saith that after the said seizure of the said shipp ''fortune'' and<br />
lading so made by the said English friggat, the Captaines of the said two<br />
frenchmen of warr went aboard the said friggat to demand their said<br />
prize, and afterwards went aboard the English Commander in chief or<br />
Vice Admirall of the English then rideing of the Downes, from whom<br />
they brought in answer that it must be tryed in the Admiraltie Court<br />
at London and if the said shipp ''fortune'' and lading were there adjudged<br />
to the said frenchmen, the might have them or to that effect, but in the meane<br />
time refused to deliver the same. The premisses he saw being aboard the said<br />
shipp ''Royall Mary'' and heard the said Captaines report he answer of<br />
the English Commander to the effect aforesaid, And further cannot depose.
(To the 9thd, And further cannot depose.
(To the 9th +
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