HCA 13/71 f.245v Annotate

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wheate and taken in her homeward lading of pitch, prunes, vinegar
strong waters and other goods for the account of the said producents,
and departing from Bourdeaux therewith for Southampton, the said shipp was off
[?Groy] on the coast of Bretagne met with by a Brest man of
Warr on a day happening in or about the moneth of June 1655
which Brest man of warr having but foure guns, came up
with which set upon and shott at the said shipp the Prosperous, whose
master and company betook them selves to their defence, and retourned
shott at the said Brest man, and soe they continewed fight about
an houres space, and untill the small quantitie of shot and powder that
was in the Prosperous was spent, and shee not being able to make
further resistanse shee was forced to yeeld, and was taken by the
said man of warr and all her said lading, and lost, wheareas had
shee had sufficiencie of shot and powder shee might have evaded
for hee saith the Constant Warwick (one of the shipps of warr
of this Commonwealth) seeing the said fight was standing with
all the speed she could make towards them, and was come within
a league and halfe of them, when the Prosperous her shott and
powder failed, and soe shee and her lading became a prey to the
enemie, who presently carried them away into the next ffrench
harbour, the Constant warwick chasing them, Soe that
(through the want of sufficiencie of shott and powder) hee conceiveth
the said vessell the Prosperous to be lost with her lading. all which hee
knoweth, being pilot of the Presperous, and present at the premisses.

To the 8th hee cannot depose,

To the Interrogatories. [CENTRE HEADING]

To the first hee saith the said producents required him to come and
speake the truth in this cause, and have promised to beare his charges
and saith hee hath not discoursed with any about what hee should
therein depose, and otherwise negatively saving as aforesaid

To the second and third hee saith the said vessell carried noe more than two
peeces of ordnance and seaven muskets, and saith there were noe
more or other shott or powder there as aforesaid, which hee knoweth
taking notice of and (as hee beleeveth) being all that came or was put aboard, and of all that
could be found in the said fight, And saith the said man of warr
had by their owne relation 36 men and boyes, all or most part
whereof appeared on the decke; And saith there was a vessell of
Yarmouth in the Prosperous her company when the Brest man of
warr chased them, and when the said man of warr approached that
said vessell (whereof one Applebie was master) fledd and bad
them of the Prosperous shift for for them selves, And otherwise hee
cannot answer saving as aforesaid.

To the fourth negatively.

To the 5th hee saith the said man of warrs company did not enter [?nor GUTTER]
offered to enter the Prosperous till all her shott and powder were spent
in the fight, and that her master and company yeelded and called [?for GUTTER]
quarter, only hee saith there was one gun laden and undischardged
when the Prosperous yeelded, it being as hee saith the manner [?of GUTTER]
shipps at sea that are in yeelding condition to keepe one gun
loaded, for defense during parley and calling for quarter, and otherwise
hee referreth him selfe to his foregoing deposition

To the last hee saith that it is true the winde was contrary to the
[XXXX XXXX GUTTER]