HCA 13/71 f.93r Annotate

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of the said herrings, but was determined to goe right therewith for Marseille
and deliver them there, and all this while and to the time of such their
parting in Mallaga Roade there was not amongest them any newes of
any warr betweene this Commonwealth and Spaine, for hee saith hee this deponent
was bound to Mallaga to trade there, but when hee came there to an anchor in the
shipp the lyon of London in Mallaga Roade after they were soe parted from the
Hope, this deponent from some English that rode there understood of the
difference and not before. And otherwise hee cannot depose saving that
hee shortly after in Mallaga Roade hee this deponent understood that the
said shipp Hope being forced by a man of warr into Almeria, was there
taken with her lading and made prize.

Richard Biles [SIGNATURE, RH SIDE]

*****************************

The same day [CENTRE HEADING]

Rp. 2

David Barker of Waymouth Mariner, aged 60 yeeres or thereabouts
sworne and examined as afore said saith as followeth.

To the first second, third and fourth Interrogatories hee saith and deposeth that
hee well knew and was master of the shipp the Hope interrogated in her last
voyage wherein shee was taken, and saith that in September last shee tooke in
her lading of herrings at Wexford in Ireland to be carried to Marseille
and there to be delivered for the account of Mr Roy the producent (whom this
deponent well knoweth) and company, the owners and proprietors thereof
and saith the said herrings (to the number of five hundred thirtie and
six barrells or thereabouts) were laden by his precontest Richard Biles
who was therein imployed by the said Mr Roy and company. And further that having received
the said lading of herrings aboard, the said shipp on or about the three
and twentieth of September last departed therewith for Marseille, and that
comming into the Streights off Capa da Gat and plying to and
againe (by reason of a contrary winde) there came a shipp before the winde
upon and haled her, whereupon this deponent, thinking the said shipp to be
a Tripoly man of warr, and having not heard any newes at all of
any warr betwixt this Commonwealth and Spaine, made with her for
safeguard towards the shoare to gaine Almeria where hee expected Succour
against the said man of warr, and accordingly hee went in thither under
command, the said man of warr still following him, and there came the
said man of warr being a Spaniard came aboard him, and other from the town and seized
the said shipp Hope and lading, and this hee saith was on the five and twentieth
of October last and this deponent till then did not knowe or heare of the
warr, and soe this deponent and company were plundered and turned
out of the said shipp and shee and her said lading were confiscated and there
disposed of to the Spaniards and soe neere utterly lost to the owners thereof
and upon the making of the said seizure, this deponent wrote to Mr Ellexander
Bence to Allicant requesting his assistance for recovery of the said shipp and
lading, who sent one expressely to Granada thereabouts to sollicit the said
restitution, but in vaine, for the same person soe sent came from Granada
to this deponent to Almeria and told him there was noe good to be donne
nor any recovery to be obtained, whereupon this deponent after six weekes
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.