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of the ''Prosperous'' the voyage in questi … of the ''Prosperous'' the voyage in question knoweth that at her setting out from Southampton<br />
on the sayd voyage shee had aboard her a great quantitie of<br />
burr shott, and only two peeces of ordinance and seaven musketts, and a good<br />
quantitie of muskett shott and about nyne or tenn great shott and about two and thirty pounds of powder which<br />
was a proportionable quantitie as hee beleeveth to the sayd gunnes musketts and<br />
shott and sufficient for the voyage aforesayd as hee beleeveth And further<br />
to this article hee cannot depose. saving hee saith the master of her procured about<br />
tenn or twelve great shott more at ffoy in Cornwall./or ffalmouth/.
To the 2: 3 and 4th articles of the sayd allegation hee this deponent<br />
hee being gunner of and aboard the ''Prosperous'' till, and at her seizure, which<br />
happened the first day of June last, well knoweth the sayd shipp ''Prosperous''<br />
came from Burdeaux in ffrance homeward bound in Company of a yarmouth<br />
vessell whereof the arlate Appleby was Commander who had in his sayd<br />
shipp three gunnes, and saith the said Appleby perceiving that the ''Prosperous''<br />
and his shipp were chased or pursued by a man of warr, spake to<br />
the Master and Company of the ''Prosperous'' and told them that hee perceived<br />
they were persued by a man of warr and that in likelyhood either<br />
the ''Prosperous'' or this shipp must bee taken, and therefore advised them<br />
to looke to them selves for hee intended to leave them or to that effect, and thereupon<br />
his the sayd Applebyes shipp being the better sayler hee went away<br />
and left the ''Prosperous'' to grapple with the sayd man of warr as well<br />
as shee could, and hee being gone the sayd man of warr (which afterwards<br />
appeared to bee a Brest man of warr) made up neerer to the ''Prosperous''<br />
and saith the arlate Tompkins seeing her drawe neere, advised the<br />
Master of the ''Prosperous'' to call out for quarter and sayd it was to noe<br />
purpose to resiste for that it appeared plainely (as indeed it did to<br />
this deponent and the Master and Company of the ''Prosperous'') that the sayd<br />
man of warr had fower gunnes, and betweene forty and fifty men<br />
which appeared upon the decke, and the ''Prosperous'' of this deponents knowledge had but two gunnes and<br />
sixe or seaven men and a boy, which notwithstanding the Master of<br />
the ''Prosperous'' being desyrous if possible to save his sayd shipp<br />
and goods did make resistanse and caused his gunnes and severall musketts to be severall<br />
tymes fyred against the man of warr, but this deponent and<br />
others of the Company observing that the sayd man of warr<br />
was come up close to the ''Prosperous'' and likely presently to enter<br />
her quarter desyred the Master of her to call for quarter and withall<br />
the Company threw downe their Musketts and lowered their Top saile,<br />
which the master perceiving did aske quarter and soe the sayd shipp<br />
''Prosperous'' not being able to make further resistanse was taken<br />
one of her gunnes being then laden, and some powder left, but<br />
saith hee well knoweth the sayd shipp {and} goods was not lost through<br />
any want of powder or ammunition but meerely by reason shee<br />
was over powered with multitude of men who were ready<br />
from the sayd man of warr to enter her quarter and shee being<br />
a smale pinke which carried no gunnes behinde could not possibly<br />
though her whole ladeing of had consisted of powder and shott have<br />
made any resistanse more than shee did, And further to theise<br />
articles hee cannot depose./
To the 5th article of the sayd allegation and the Charterparty and Schedule<br />
thereinrterparty and Schedule<br />
therein +
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