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shipp to freight for a voyage to be made t … shipp to freight for a voyage to be made therewith from this Port for<br />
Ginney and back againe thense to the Barbada's, and laded her with<br />
copper barrs and severall other goods and merchandized for their owne<br />
account, to be disposed of at Ginney for their said account, which<br />
hee knoweth being shipped Gunner by them, and seeing the lading<br />
of the said goods, of which they and company were commonly accounted the owners.
To the third hee referreth himselfe to the articles of Peace arlate.
To the fourth and fifth articles hee saith and deposeth that the said<br />
shipp the ''Justice'' with her said lading of copper barrs and other<br />
goods was in the moneth of January 1655 at<br />
the Cape Sierra-Lione in Ginney to take in wood and water (for<br />
which that place is free for English and that the arlate Monsieur del la Rosa<br />
Commander of a ffrench shipp called the ''dutches'' and company aboard<br />
her and other shipps of warr belonging to the king of ffrance or<br />
his subiects, (of which shipps the said shipp ''dutches'' commanded by<br />
the said monsieur de la Rosa was Admirall) being at the said Cape<br />
Peace and amitie, on or about the second day of January last<br />
sett upon tooke and seize the said shipp ''Justice'' and her tackle and<br />
furniture together with all her provisions and materialls, And this<br />
hee saith they did notwithstanding that there the said John ffishbell<br />
and others of his company did (as hee deposeth they did) tell and<br />
acquaint the said monsieur de la Rosa and his company that there<br />
was Peace and amitie concluded by and betweene England and<br />
ffrance and the subiects of both those nations, and therefore<br />
desired them to dessist from such violence and seizure,<br />
whereupon the said Monsieur de la Rosa and others of his<br />
company feared and were very angry because the said ffishbell<br />
and company tooke notice thereof, and used words tending to this<br />
effect, that they alsoe had notice of the said Peace at their comming<br />
from ffrance, whense they acknowledged they came about the end of [?March GUTTER]<br />
next precedent; howbeit hee saith the said Monsieur de<br />
la Rosa and company proceeded with many threats and much<br />
violence to the said seizure, and did actually seize her, and her<br />
lading and materialls and provisions aforesaid, and dispossessed and<br />
dispoiled the said ffishbell and company (as alsoe the owners) thereof<br />
and tooke her all her said lading of copper barrs, shott, sailes, masts<br />
rigging, provisions and appurtenances into their said shipp ffrench<br />
shipps, and having soe downe they set fire on the said shipp and<br />
burnt her, and this hee saith was and is true publique and<br />
notorious. Which hee knoweth being present, and Gunner of the<br />
said shipp the ''Justice'' and seeing the premisses soe donne.
To the sixth hee saith the said shipp the ''Justice'' at the time of the<br />
said spoile or seizure was of the burthen of an hundred and fourtie<br />
tonns or neare thereabouts, and not them above two yeares old, and<br />
was upon her proceeding hence newe sheathed and rigged, And that<br />
theathed and rigged, And that<br />
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