HCA 13/71 f.103r Annotate

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board her shott and powder sufficient for those two gunnes and seaven musketts for
the voyage in question either for ffrance or for Biskay And further to this article
hee cannot depose./

To the 2: 3 and 4th articles of the sayd allegation hee saith that the sayd shipp Prosperous
in her returne from Burdeaux coming accompanyed with a vessell of yarmouth
whereof one Appleby was Commander was mett with by a Brestman of warr
or some other vessell of warr belonging to ffrance carrying fower peese of ordnanse and about fiftie men and saith that the sayd man of
warr makeing up towards the Prosperous and the sayd other shipp in her Company
the sayd other shipp whereof Appleby was Commander being a better sayler than
the Prosperous went away from and forsooke her, and the sayd Appleby at his goeing
away called to this deponent and Company of the Prosperous and sayd hee could doe
them noe good and that hee had rather they should bee taken than her, and bid
them shifte for them selves or to that effect and soe left the Prosperous, which the
arlate Thomkins her Pylott perceiving advised this deponent and Company presently
to call out to the man of warr for quarter it being to noe purpose in his Judgment
(as hee sayd) to make resistance against a vessell soe well manned as the sayd
man of warr appeared to bee, there appearing upon her deck about forty or fifty
men, and the Prosperous having but seaven men and a boy, which notwithstanding hee
saith hee this deponent and Company of the Prosperous made divers shott against
the sayd man of warr intending if possible to have kept the Prosperous and her
ladeing from being taken but was over powered by the sayd man of warrs
numbers and not being able to defend their quarter from the sayd man
of warr seized the sayd shipp Prosperous and her ladeing and saith at her sayd seizure
shee had one gunne laden but the gunnes standing upon Carriages in Portholes
and shee being a smale Pinke which could carrie noe gunns behinde could not
possibly defend her selfe against the forse of the sayd man of warr though
shee had at her seizure powder and shott sufficient though it were but a smale quantitie, in respect hee knoweth that be reason of the sayd man of warrs overpowering of her soe that hee well
knoweth shee was not lost for any want thereof, but meerely over powered with
multitude of men as aforesayd And further to these articles hee cannot depose/

To the 5th article of the sayd allegation and the Charterparty and Schedule therein
mentioned hee saith hee well remembreth that in the morning of the five and
twentith day of January the arlate Robert Richbell one of the parties in this
suite came to this deponent (who was Master of the Prosperous) and willed
him to be gone with the sayd shipp upon the voyage in question and told this
deponent there was a necessitie hee this deponent should make all possible
speede away with her, or to that effect and this deponent answering him and
saying the Charterparty for the sayd voyage was not sealed, (as in truth it
then was not) and that hee had order from his Owners the arlate Thomas
Mills and Paule Richards not to depart till the sayd Charterparty were
sealed and untill they came hee the sayd Richbell sayd they could seale the Charterparty
after hee this deponent was gone or to that effect, and thereupon this deponent
told the sayd Ritchbell that hee this deponent know not whether hee had soe
much amunition yet aboard the Prosperous as the Owners intended to put thereon,
but the sayd Richbell still continued importunate with this deponent and bid him
by