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To the fifth Interrogatorie, he saith the … To the fifth Interrogatorie, he saith the ''Elizabeth'' frigot is an able vessell of<br />
40 gunnes and beleiveth that there were about 40 gunnes in the sayd<br />
merchants shipps. And saith, he is not able to depose or guesse what<br />
the event might have bene, in case the sayd merchants shipps had ioyned<br />
with the Hollands men of warr, but beleiveth the ''Elizabeth'' could have<br />
sayled and fledd safe from them att the woorst.
To the 6th Interrogatory he saith he hath not so deposed.
To the 7th Interrogatorie he saith that the sayd merchants shipps did submitt<br />
themselves to the ''Elizabeth'' without firing any gunnes against her<br />
And otherwise to this Interrogatorie he cannot depose.
Repeated before Doctor Clarke and Doctor Godolphin.
John Major [SIGNATURE RIGHT HAND]
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The same day. [CENTRE HEADING]
Examined upon the sayd allegation
'''2.'''
'''John Painter''' of Wincanton in the County of Somersett<br />
Mariner one of the Company of the ''Elizabeth'' frigot<br />
in the immediat service of this Commonwealth aged<br />
eighteene yeares or thereabouts, a witnes sworne and<br />
examined deposeth and saith as followeth.
To the first, second, third, fourth fifth and sixth Articles of the sayd allegation<br />
This deponent saith and deposeth, That the Captaine and Companie of the<br />
''Elizabeth'' frigot in or about the beginning of this Instant October about eight<br />
of the Clock in a morning espyed off of deipe, a ffleet of shipps of<br />
about [?28] sayle whereof the shipps schedulate were [?a] part, and about<br />
one or two of the Clock in the afternoone came up with them, And saith that<br />
att the head of the sayd ffleet were two men of warr of Holland<br />
and another to the Leeward, which sayd men of warr before the ''Elizabeth''<br />
came upp for severall howres gave chase to an English privat Man of<br />
warr, and during the Chase of the sayd private Man of warr, the foresayd<br />
ffleet stood off, and on, in the selfe same Course with the Hollands men of<br />
warr. And further saith, that assoone as the ''Elizabeth'' came upp with<br />
the Reare of the sayd ffleet, the sayd 2 Hollands Men of warr tacked [?about]<br />
upon the ''Elizabeth'' to the Rescue of the sayd ffleet, and the sayd ffleet<br />
thereupon tacked about, and stood the same course in the assistance of the<br />
sayd Hollands Men of warr, who as he saith exchanged some broad<br />
sides with the ''Elizabeth'', and broke her mainmast, foremast, [?bolstsprit]<br />
and slew the master of her, and seeing the ''Elizabeth'' beare upon [?them]<br />
fledd through the sayd ffleet to their other Consort to Leeward all [?which]<br />
this deponent knoweth, being one of the Company of the ''Elizabeth'', and<br />
saw, and observed the premisses, and otherwise cannot depose saving [?that]<br />
the sayd ''Elizabeth'' frigot the tyme predeposed had and wore out the<br />
Colours of this Commonwealth, and that the foresayd Holland men of warr<br />
had, and wore out the colours of the Hollanders, and were a Convoy of<br />
and for the ffleet aforesayd.
To the seventh, and eighth Articles of the said allegation, This deponent saith<br />
that during the sayd ffight, the foresayd Merchants shipps schedulate<br />
did not [?strike] to the ''Elizabeth'', albeit they were within shot, till the [?Eliza=]<br />
beth fell in upon them, and fired four or five gunns att them, but<br />
saith they tacked about in assistance of the Hollands Men of warr, andssistance of the Hollands Men of warr, and +
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