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The fifth of December 1659:/:
The Keepers … The fifth of December 1659:/:
The Keepers of the Liberty of England by authority}<br />
of Parliament against the ''Lyon'' Robert Bagaert said}<br />
to be Master and her tackle furniture and Lading}<br />
taken by Certaine Ships in the service of this}<br />
Commonwealth and against the said Naggart (sic) in}<br />
speciall and all others et cetera. Budd. Smyth.}
Examined upon the<br />
allegation given in on<br />
this day on behalfe of<br />
the keepers of the<br />
Libertie of England.
'''Row dt.'''
'''1'''
'''Francis Holt'''<br />
of Portsmouth<br />
gentleman aged 43 yeeres<br />
or therabouts sworne<br />
and examined.
To the first and second articles of the said allegation hee saith and deposeth that<br />
on or about the thirteenth of May last the shipp the ''Lyon'' arlate (whereof<br />
Robert Baggart was comander) was brough up to Portsmouth as prize<br />
by the ''Charitie'' friggot Captaine parker commander, and there on the<br />
said thirteenth day of May last the said Baggaert, and his Stiersman and<br />
Carpenter and the commander in cheife of the souldiers that were aboard<br />
were brought ashore and examined before Mr Josias [?ChitXX] the major<br />
of Portsmouth in the presence of the towne clarke and of this deponent<br />
and of his contest John Thislethwaite in the prize office there, and then<br />
and there the said Baggaert confessed upon oath that after the said shipps<br />
comming from Santa Antonio to the Groine, shee was at the Groine freighted<br />
by the Governour thereof in the service of the king of Spaine (in whose<br />
dominion the said Groine is situat) to carry souldiers to Ostend in<br />
fflandres, which is alsoe within the said kings dominions, and that hee<br />
was comming from the Groine with the said souldiers bound for<br />
Ostend aforesaid when hee was soe taken by Captaine Parker which<br />
confession this deponent heard him make. And saith that this deponent<br />
saw about foure hundred persons landed at Portsmouth out of the<br />
said prize which were Spanish souldiers going for Ostend, and who which (sic) were<br />
delivered prisoners there to the major and Governour of the towne and<br />
garrison of Portsmouth by this deponent and the said Mr Thistlethwaite<br />
sub Commissioners for prize goods there, who received them of and<br />
from the said Captaine Parker and his order, and of the said Captaine<br />
Parker and Captaine Baggaert ioyntly this deponent and his said contest<br />
received alsoe the shipps evidences and papers which were brought<br />
in her, And saith the said frigot the ''Charitie'' was then in the<br />
immediate service of this Commonwealth, And further deposeth not,<br />
saving the said Stiersman said that the said shipp ''lyon'' lay [XXX] of command till such her [?XXXXXXing]
To the third article hee saith and deposeth that this deponent and his said<br />
contest mr Thistlethwaite according to their duty, having as aforesaid<br />
[?convaied] the said Baggaert together with his Stiersmana nd Carpenter<br />
and the said Commander of the said souldiers before the said Major, they<br />
were there as aforesaid examined upon their oathes on the said thirteenth of<br />
May last, and upon such their examination upon oath they confessed and<br />
acknowledged in the presence and hearing of this deponent and presence of his<br />
said contest that the said souldiers soe taken in the ''lyon'' and landed as aforesaid<br />
were all Spaniards and subiects of the king f Spaine, and were taken into her at theg f Spaine, and were taken into her at the +
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