| Transcription
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of the sea which by the rather did for tha … of the sea which by the rather did for that the sayd shipp by<br />
her sayling seemed to desire to speake to the ''Martha'', which her<br />
desire afterwards appeared to be for want of bread and provisions<br />
she having bene longe att sea and having upon the matter spent<br />
all her victualls, so as her Company did evidently appeare to<br />
this deponent to be in a very great strait and want of provisions.<br />
And moreover saith that in his this deponents Judgment the sayd<br />
Pibus could not have seized and brought away the sayd Dutch<br />
built vessell without very great danger, for he saith if the<br />
peace had bene concluded (as the hopes then were) he had bene<br />
lyable (as this deponent conceyveth) to have made good all the<br />
dammages befalling the sayd Dutch=built shipp by such seizure and<br />
detention. And in case the peace were not concluded, and it had<br />
happened that the sayd vessell had bene rescued and the ''Martha'' had<br />
bene taken by the dutch (which might easily have happened the<br />
''Martha'' being not furnished for fish (or defence) the sayd Pibus<br />
this deponent and Company of the ''Martha'' had bene lyable in this<br />
deponents judgment to have bene punished as Pirates for making<br />
such a seizure without any Commission to warrant it, and beleiveth<br />
that in such case the hollanders would have executed the sayd<br />
Pibus and others of his Company as Pyrates, And further allso<br />
doth beleive that the sayd Pibus, if he had made the sayd seizure<br />
had bene lyable to have made good to his ymployers all such dammage<br />
as might have befallen them in regard of such seizure. And<br />
further or otherwise referring himselfe to the law, he saith<br />
he cannot depose.
To the 5th article of the sayd allegation This deponent saith that there were<br />
not any goods or merchandizes taken out of the sayd dutch built<br />
vessell by the sayd Pibus or any other with his privity or Consent<br />
(so farr as this deponent who was present and saw all the passages did<br />
or could see or observe) but such as were exchanged by way of<br />
barter and truck for other goods delivered to the sayd dutch=<br />
built vessell by rge ''Martha''. [#]
[#] [LH MARGIN]<br />
for the receipt of<br />
which the sayd Pibus<br />
had a note delivered<br />
to him, in this deponents<br />
presence by the Master<br />
of the sayd Dutch=built<br />
vessell and underwritt<br />
with his the sayd Dutch<br />
Masters owne hand<br />
wherein it was acknowledged<br />
that the goods delivered<br />
out of the Dutch built<br />
vessell were in leiw of<br />
the provisions wherewith<br />
she was furnished by the<br />
English<br />
John Warner [SIGNATURE, LH MARGIN]
And otherwise he cannot depose
To the 6th article of the sayd allegation he saith that the sayd Pibus and<br />
Company upon the weighing of their Anchor neere the boy of<br />
the Nowre in this iver brought upp a small anchor and peece<br />
of a Junck much rotten and having as should seeme longe layne<br />
in the water, and the same were taken into the ''Martha'', And<br />
afterwardsthe ''Martha'', And<br />
afterwards +
, of the sea which by the rather did for tha … of the sea which by the rather did for that the sayd shipp by<br />
her sayling seemed to desire to speake to the ''Martha'', which her<br />
desire afterwards appeared to be for want of bread and provisions<br />
she having bene longe att sea and having upon the matter spent<br />
all her victualls, so as her Company did evidently appeare to<br />
this deponent to be in a very great strait and want of provisions.<br />
And moreover saith that in his this deponents Judgment the sayd<br />
Pibus could not have seized and brought away the sayd Dutch<br />
built vessell without very great danger, for he saith if the<br />
peace had bene concluded (as the hopes then were) he had bene<br />
lyable (as this deponent conceyveth) to have made good all the<br />
dammages befalling the sayd Dutch=built shipp by such seizure and<br />
detention. And in case the peace were not concluded, and it had<br />
happened that the sayd vessell had bene rescued and the ''Martha'' had<br />
bene taken by the dutch (which might easily have happened the<br />
''Martha'' being not furnished for fish (or defence) the sayd Pibus<br />
this deponent and Company of the ''Martha'' had bene lyable in this<br />
deponents judgment to have bene punished as Pirates for making<br />
such a seizure without any Commission to warrant it, and beleiveth<br />
that in such case the hollanders would have executed the sayd<br />
Pibus and others of his Company as Pyrates, And further allso<br />
doth beleive that the sayd Pibus, if he had made the sayd seizure<br />
had bene lyable to have made good to his ymployers all such dammage<br />
as might have befallen them in regard of such seizure. And<br />
further or otherwise referring himselfe to the law, he saith<br />
he cannot depose.
To the 5th article of the sayd allegation This deponent saith that there were<br />
not any goods or merchandizes taken out of the sayd dutch built<br />
vessell by the sayd Pibus or any other with his privity or Consent<br />
(so farr as this deponent who was present and saw all the passages did<br />
or could see or observe) but such as were exchanged by way of<br />
barter and truck for other goods delivered to the sayd dutch=<br />
built vessell by rge ''Martha''. [#]
[#] [LH MARGIN]<br />
for the receipt of<br />
which the sayd Pibus<br />
had a note delivered<br />
to him, in this deponents<br />
presence by the Master<br />
of the sayd Dutch=built<br />
vessell and underwritt<br />
with his the sayd Dutch<br />
Masters owne hand<br />
wherein it was acknowledged<br />
that the goods delivered<br />
out of the Dutch built<br />
vessell were in leiw of<br />
the provisions wherewith<br />
she was furnished by the<br />
English<br />
John Warner [SIGNATURE, LH MARGIN]
And otherwise he cannot depose
To the 6th article of the sayd allegation he saith that the sayd Pibus and<br />
Company upon the weighing of their Anchor neere the boy of<br />
the Nowre in this iver brought upp a small anchor and peece<br />
of a Junck much rotten and having as should seeme longe layne<br />
in the water, and the same were taken into the ''Martha'', And<br />
afterwardsthe ''Martha'', And<br />
afterwards +
, of the sea which by the rather did for tha … of the sea which by the rather did for that the sayd shipp by<br />
her sayling seemed to desire to speake to the ''Martha'', which her<br />
desire afterwards appeared to be for want of bread and provisions<br />
she having bene longe att sea and having upon the matter spent<br />
all her victualls, so as her Company did evidently appeare to<br />
this deponent to be in a very great strait and want of provisions.<br />
And moreover saith that in his this deponents Judgment the sayd<br />
Pibus could not have seized and brought away the sayd Dutch<br />
built vessell without very great danger, for he saith if the<br />
peace had bene concluded (as the hopes then were) he had bene<br />
lyable (as this deponent conceyveth) to have made good all the<br />
dammages befalling the sayd Dutch=built shipp by such seizure and<br />
detention. And in case the peace were not concluded, and it had<br />
happened that the sayd vessell had bene rescued and the ''Martha'' had<br />
bene taken by the dutch (which might easily have happened the<br />
''Martha'' being not furnished for fish (or defence) the sayd Pibus<br />
this deponent and Company of the ''Martha'' had bene lyable in this<br />
deponents judgment to have bene punished as Pirates for making<br />
such a seizure without any Commission to warrant it, and beleiveth<br />
that in such case the hollanders would have executed the sayd<br />
Pibus and others of his Company as Pyrates, And further allso<br />
doth beleive that the sayd Pibus, if he had made the sayd seizure<br />
had bene lyable to have made good to his ymployers all such dammage<br />
as might have befallen them in regard of such seizure. And<br />
further or otherwise referring himselfe to the law, he saith<br />
he cannot depose.
To the 5th article of the sayd allegation This deponent saith that there were<br />
not any goods or merchandizes taken out of the sayd dutch built<br />
vessell by the sayd Pibus or any other with his privity or Consent<br />
(so farr as this deponent who was present and saw all the passages did<br />
or could see or observe) but such as were exchanged by way of<br />
barter and truck for other goods delivered to the sayd dutch=<br />
built vessell by rge ''Martha''. [#]
[#] [LH MARGIN]<br />
for the receipt of<br />
which the sayd Pibus<br />
had a note delivered<br />
to him, in this deponents<br />
presence by the Master<br />
of the sayd Dutch=built<br />
vessell and underwritt<br />
with his the sayd Dutch<br />
Masters owne hand<br />
wherein it was acknowledged<br />
that the goods delivered<br />
out of the Dutch built<br />
vessell were in leiw of<br />
the provisions wherewith<br />
she was furnished by the<br />
English<br />
John Warner [SIGNATURE, LH MARGIN]
And otherwise he cannot depose
To the 6th article of the sayd allegation he saith that the sayd Pibus and<br />
Company upon the weighing of their Anchor neere the boy of<br />
the Nowre in this iver brought upp a small anchor and peece<br />
of a Junck much rotten and having as should seeme longe layne<br />
in the water, and the same were taken into the ''Martha'', And<br />
afterwardsthe ''Martha'', And<br />
afterwards +
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