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her, had they not in obeissance as aforesa … her, had they not in obeissance as aforesaid Lowred sailes, and attended<br />
the said English frigatt, And this hee saith and affirmeth. to be true and<br />
notorious of this deponents sight and certaine knowledge
To the 7th and 8th articles of the said Allegation hee saith, That presently<br />
upon the said Capture made by the said English friggatt, the Captaines of<br />
the said frenchman of warr went aboard the said friggatt and demanded the<br />
said shipp fortune and Ladeing as a Prize of right to them belonging, but<br />
being denyed the same went shortly after, aboard the English then Commander<br />
in chief rideing in the downes about two leagues distant from the said<br />
seizure, where having also demanded the said shipp fortune and Lading<br />
as their just and lawfull Prize, the said Commander: (as this deponent underst[?andeth GUTTER]<br />
from the said Captaine Bonnard upon his returne) told them hee must<br />
write to London about it, and if hee received order from his Superiors<br />
to restore the same to the said french Captaines hee would doe it, otherwise<br />
hee could not discharge her being shee was boarded and taken by the<br />
English, or to that or the Like effect, And further cannot depose
To the 9th hee saith, the said shipp ''Goulden Eagle'' was and is a shipp of<br />
about 100. tunnes burthen, having aboard her about 100. eaters, and 12<br />
gunns, and the said shipp ''Mary Royall'' was and is of the burthen of<br />
about 70. tonnes, and had aboard her at the time aforesaid about 100. eaters<br />
and nine peeces of Ordnance, and that either of the sayd shipps alone was<br />
sufficiently able to have taken the shipp fortune, if they had not<br />
bin hindred and retarded by the English as aforesaid, The reasons of<br />
his knowledge hee hath predeposed/
To the 10th hee saith, That as this deponent and contests have observed justlie<br />
their late coming to London, the said shipp ''fortune'' being unladen in the<br />
Port, had in her a lading of wynes and brandewine of Nantes, and<br />
were certainely bound for fflanders as aforesaid. but to whom consigned<br />
or for whose particular accompt or accompts hee saith hee knoweth not<br />
And further cannot depose./
To the last hee saith his foregoing deposition is true
To the Crosse Interrogatories/:- [CENTRE HEADING]
To the first hee saith, hee never knew the shipp fortune interrate<br />
till the time of the chase and seizure predeposed
To the second, hee saw not the lading nor knoweth any of the [?persons interate GUTTER]
To the third hee referreth To his foregoeing deposition, And further knoweth [?not GUTTER]
To the 4th hee saith hee was not aboard the shipp fortune interrate,<br />
And therefore cannot depose./
To the 5th hee saith, the said seizure was made about a league from<br />
the English coast, but not under the Command of any English fort nor<br />
Castle; nor under shott of any English shipp or shipps of warr lyeing<br />
at anchor for the defence of this Commonwealth./
To the 6th hee saith, the said frenchmen of warr never deserted the [?pXXXX GUTTER]<br />
aforesaid, till the Capture predeposed, and that their further pursuite<br />
of the ''fortune'' was about a league distance from the English Coast<br />
but not under any such Command or shott as is interrate:-/
Repeated in Court with his precontests/
Feban Merchier [SIGNATURE, RH SIDE]ests/
Feban Merchier [SIGNATURE, RH SIDE] +
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