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'''39.'''
'''C.7.'''
The 23th of October … '''39.'''
'''C.7.'''
The 23th of October 1655. [CENTRE HEADING]
Smith and Company Mariners of the}<br />
''Constant'', against Captaine Phillips.}
Examined upon the foresaid allegation<br />
givemn in on the Mariners behalfe.
'''2./'''
'''Captaine Richard [?Gronden]''' of the parish of<br />
Saint Peters Paulswharfe London aged 25 yeares or<br />
thereabouts sworne and examined.
To the first article hee saith and deposeth that within the time arlate<br />
the arlate Captaine Isaac Phillips and company by vertue of letters of Marque<br />
or Reprizall obtained against the ffrench, set out the vessell the ''Constant''<br />
upon that designe, and that while the said shipp was in that imployment<br />
the producents William Smith, Samuell Wright and most of the other oersons<br />
schedulated served in her as mariners and of her company some sooner and some<br />
later, which hee knoweth because hee this deponent was for some space of that<br />
time in her and went to sea in her, And otherwise hee cannot depose.
To the second hee saith that in or about the moneth of ffebruary 1650 the said<br />
vessell the ''Constant'' and company (of which company the said Smith, Wright and<br />
many otheer of the said persons schedulated then were) surprized and tooke in the<br />
Channell on the high and open sea a hoy laden with herrings, which hee<br />
saith were carried away by some of the men into Spaine, and never turned<br />
to any accompt or yeelded any proffit to the owners or Imployers of the ''Constant''.<br />
And that in or about the moneth of March next following, the said shipp the<br />
''Constant'' and company aforesaid tooke a shipp called the ''Saint Joseph'' laden<br />
with salt, some vinegar and some prunes, which shipp was restored to<br />
Barstable men (as hee remembreth) by authoritie of this Court. And<br />
saith that in or about Aprill next following they tooke a shipp called the<br />
''Concord'' laden with about 58 chests of sugar (browne and white together)<br />
some Shumack, and some Madera wine, which Madera wine, and as<br />
hee beleeveth the Shumack were restored to the master being a dutch man.<br />
And that in or about June next following they tooke the ''dolphin'' arlate<br />
laden with pitch and rozin, which shipp and freight were restored. And<br />
that in or abouy July next following they took the shipp the ''Winter ling''<br />
laden with Rie, or other corne, which shipp and goods were restored<br />
by authoritie of this Court to his best remembrance. And that in or about<br />
the same moneth they tooke the shipp called the Ile of Wearing with her<br />
lading of Rosin, Skinnes, wax and other commodities, which shipp, rozin<br />
skinnes, and some other goods were restored, and shortly after in or about the<br />
same moneth they tooke a hoy called the ''Hope'' laden with wheate, rie and<br />
other corne, which shipp and her freight were restored. And saith the<br />
said shipp and company alsoe tooke a vessell called the ''fflower-pott'' having<br />
some pewter and old nailes or [?stamps] aboard her, which shipp was restored.<br />
But the valew of any of the goods predeposed, or what they yeelded to the<br />
said owners or Imploiers, hee saith hee cannot depose.
To the third hee saith the said Smith and Wright and severall other of the<br />
said mariners did act and assist at the taking and surprizing some<br />
of taking and surprizing some<br />
of +
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