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of the said herrings, but was determined t … of the said herrings, but was determined to goe right therewith for Marseille<br />
and deliver them there, and all this while and to the time of such their<br />
parting in Mallaga Roade there was not amongest them any newes of<br />
any warr betweene this Commonwealth and Spaine, for hee saith hee this deponent<br />
was bound to Mallaga to trade there, but when hee came there to an anchor in the<br />
shipp the ''lyon'' of London in Mallaga Roade after they were soe parted from the<br />
''Hope'', this deponent from some English that rode there understood of the<br />
difference and not before. And otherwise hee cannot depose saving that<br />
hee shortly after in Mallaga Roade hee this deponent understood that the<br />
said shipp ''Hope'' being forced by a man of warr into Almeria, was there<br />
taken with her lading and made prize.
Richard Biles [SIGNATURE, RH SIDE]
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The same day [CENTRE HEADING]
'''Rp. 2'''
'''David Barker''' of Waymouth Mariner, aged 60 yeeres or thereabouts<br />
sworne and examined as afore said saith as followeth.
To the first second, third and fourth Interrogatories hee saith and deposeth that<br />
hee well knew and was master of the shipp the ''Hope'' interrogated in her last<br />
voyage wherein shee was taken, and saith that in September last shee tooke in<br />
her lading of herrings at Wexford in Ireland to be carried to Marseille<br />
and there to be delivered for the account of Mr Roy the producent (whom this<br />
deponent well knoweth) and company, the owners and proprietors thereof<br />
and saith the said herrings (to the number of five hundred thirtie and<br />
six barrells or thereabouts) were laden by his precontest Richard Biles<br />
who was therein imployed by the said Mr Roy and company. And further that having received<br />
the said lading of herrings aboard, the said shipp on or about the three<br />
and twentieth of September last departed therewith for Marseille, and that<br />
comming into the Streights off Capa da Gat and plying to and<br />
againe (by reason of a contrary winde) there came a shipp before the winde<br />
upon and haled her, whereupon this deponent, thinking the said shipp to be<br />
a Tripoly man of warr, and having not heard any newes at all of<br />
any warr betwixt this Commonwealth and Spaine, made with her for<br />
safeguard towards the shoare to gaine Almeria where hee expected Succour<br />
against the said man of warr, and accordingly hee went in thither under<br />
command, the said man of warr still following him, and there came the<br />
said man of warr being a Spaniard came aboard him, and other from the town and seized<br />
the said shipp ''Hope'' and lading, and this hee saith was on the five and twentieth<br />
of October last and this deponent till then did not knowe or heare of the<br />
warr, and soe this deponent and company were plundered and turned<br />
out of the said shipp and shee and her said lading were confiscated and there<br />
disposed of to the Spaniards and soe neere utterly lost to the owners thereof<br />
and upon the making of the said seizure, this deponent wrote to Mr Ellexander<br />
Bence to Allicant requesting his assistance for recovery of the said shipp and<br />
lading, who sent one expressely to Granada thereabouts to sollicit the said<br />
restitution, but in vaine, for the same person soe sent came from Granada<br />
to this deponent to Almeria and told him there was noe good to be donne<br />
nor any recovery to be obtained, whereupon this deponent after six weekes<br />
stay at Almeira and being in such need as hee was forced to begg, came away
daniel Barker [SIGNATURE, RH SIDE]
Repeated before doctor Godolphin.H SIDE]
Repeated before doctor Godolphin. +
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