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putt not out any Colours whereby they migh … putt not out any Colours whereby they might or could be discerned from<br />
being Enemyes, and were afterwards taken in Company and under<br />
Conduct and Convoy of the foresayd Hollands men of warr standing<br />
the same Course with them, and fleeing from the ''Elizabeth'' till they<br />
were taken and subdued. And otherwise he cannot depose saving that<br />
he saw and observed well the passages aforesayd.
To the nynth article he cannot depose, saving that Captaine Mynns arlate<br />
secured severall of the Maisters of the sayd fleet, and manned four of their<br />
Vessells, after they were seized and subdued.
To the tenth article of the sayd allegation This deponent saith, that he heard the [?Boatswain]<br />
of the ''Hope'' Martin Minders Master, being one of the Vessells or shipps<br />
schedulat taken by the ''Elizabeth'', confesse and acknowledge in the downes<br />
soone after the seizure, that the sayd shipp the ''Hope'' began her voyage<br />
from Amsterdam, and thither was to returne with her lading in case she<br />
had proceeded on her voyage, and that all the Company of her except the<br />
Master, were Hollanders and otherwise referring himselfe to his<br />
foregoeing depositions he cannot depose
saving that of the sight<br />
of this deponent, there<br />
was found aboard the<br />
sayd shipp the ''Hope''<br />
immediately upon her<br />
seizure a Holland flagg<br />
ript and parted asunder.
John Painter<br />
his marke.
To the eleventh article of the sayd allegation This deponent saith that there was not<br />
any English shipp within shott of any of the shippes schedulate, untill<br />
they had yeilded to the ''Elizabeth'' frigot, and were subdued by her. And<br />
otherwise he cannot depose.
To the twelfth Article of the sayd allegation He saith he knoweth nothing thereof.
To the Crosse Interrogatoryes. [CENTRE HEADING]
To the 1 Interrogatorie he saith he was one of the Companie of the shipp ''Elizabeth''<br />
[?Interrogate], and saith that being produced as a witnes on behalfe of the<br />
Commonwealth he doth endeavour to discover the truth upon all such matters<br />
whereon he is examined and otherwise cannot depose.
To the 2 negatively to every part thereof.
To the 3 he saith that any shipps of warr eyther of this, or any other Nation<br />
may overtake merchants vessells in the sea, and goe in Company with them,<br />
and (in case they be better Saylers) may [?ware] them doe what they can.
To the 4 he saith he doth not know when or where the sayd ffleet was taken<br />
to Convoy by the sayd Hollands Men of warr; nor doth he know or beleive<br />
that they mett accidentally and saith the sayd merchants vessells were<br />
not becalmed att all but had wind enough to have carryed them on their Course<br />
att the tyme the ''Elizabeth'' and Hollands men of warr shott att each other<br />
and saith the sayd ffleet was about three quarters of a mile from the sayd<br />
shipps that fought att the tyme of fight and not more as he beleiveth. And<br />
otherwise cannot depose.
To the fifth Interrogatory he saith that the ''Elizabeth'' is an able frigot<br />
of about 42 gunnes, but knoweth not how many gunnes were in the sayd<br />
ffleet, and saith he doth not know or beleive in his conscience that the<br />
sayd ffleet Ioyning with the men of warr could have overcome the<br />
''Elizabeth'' in case her Captaine and Company had behaved themselves<br />
like valiant and prudent men, which if they had bene putt to it<br />
they would have done, as he beleiveth. And otherwise cannot depose
To the sixth Interrogatory he saith he knoweth nothing thereof.
To the seventh Interrogatorie he saith, the sayd Merchants vessells did submitt to<br />
the ''Elizabeth'' without firing any gunnes against her, but not willingly as<br />
he beleiveth for the Reasons aforesayd. And further he cannot depose saving<br />
he saith that when Captaine Phillips his vessell shott she was about 2 miles<br />
out of shott of the ffleet aforesayd
John Painter his markee ffleet aforesayd
John Painter his marke +
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