part II

. of his _Twice-Told Tales_, describes it as it was in 1845. A portion of the walls was in 1919 still visible from Province Court.]

[Footnote 6: Dr. Edward Everett Hale gives quotations from the council records, in _Memorial History of Boston_, II. 177-178.]

[Footnote 7: Rock-crystal, of a kind found near Bristol, England.]

Your Lordships will see in the middle of the Inventory a parcel of Treasure and Jewels delivered up by Mr. Gardiner, of Gardiner's Island, in the Province of New-York, and at the East End of Nassau-Island, the Recovering and saving of which Treasure is owing to my Own Care and quickness. I heard by the greatest accident in the world, the day that Captain Kidd was committed, That a Man had offered 30 L. for a Sloop to carry him to Gardiner's Island, and Kidd having owned he had buried some Gold on that Island, (though he never mentioned to us any Jewels, nor, I believe, would he have owned the gold there but that he thought he should himselfe be sent for it), I presently reflected that that man (whom I have since discovered to be one of Kidd's Men) was to defeat us of that Treasure; I privately posted away a Messenger by Land with a peremptory order to Mr. Gardiner in the King's name to come forthwith, and deliver up such Treasure as Kidd or any of his Crew had lodged with him; acquainting him That I had committed Kidd to Goal, as I was ordered to do by the King. My Messenger made great haste, and was with Gardiner before anybody, and Gardiner, who is a very substantial man, brought away the Treasure without delay, and by my direction delivered it into the Hands of the Committee. If the Jewels be right, as it is supposed they are, but I never saw them, nor the gold and silver brought by Gardiner, then we guesse that the parcel brought by him may be worth (Gold, Silver and Jewels) 4500 L. And besides Kidd had left Six bales of goods with him, one of which was twice as big as any of the rest; and Kidd gave him a particular Charge of that bale, and told him it was worth 2000 L. The six bales Gardiner could not bring, but I have ordered him to send them by a Sloop that is since gone from hence to New York, and which is to return speedily. We are not able to set an exact value on the goods and Treasure we have got, because we have not opened the bales we took on board the Sloop; But we hope when the six bales are sent in by Gardiner, what will be then in the hands of the Gentlemen appointed to that Trust, will amount to about 14000 L. I have sent strict orders to my Lieutenant Governor at New York,[8] to make dilligent Search for the Goods and Treasure sent by Kidd to New York in Three Sloops mentioned in Gardiner's affidavit,[9] which I send with the other affidavits and Informations to your Lordships; and I believe I have directed him where to find a Purchase in a house at New York, which by a hint I have had I am apt to believe will be found out in that house. I have sent to search elsewhere a certain place, strongly suspected to have received another depositum of gold from Kidd. I am also upon the hunt after Two or Three Arch Pyrates, which I hope to give your Lordships a good Account of by next Conveyance. If I could have but a good able Judge and Attorney General at York, a Man of war there and another here, and the Companies recruited and well paid, I will rout Pirates and Piracy entirely out of all this north part of America, but as I have but too often told your Lordships, it is impossible for me to do all this alone in my single person.

[Footnote 8: Capt. John Nanfan; see doc. no. 73, note 2.]

[Footnote 9: Doc. no. 79.]

I wrot your Lordships word in my last letter of the 8 Instant That Bradish the Pyrate and one of his Crew were escaped out of the goal of this Town. We have since found that the Goaler was Bradish's kinsman, and the Goaler confessed they went out at the prison door, and that he found it wide open; we had all the reason in the world to believe the Goaler was consenting to the escape: by much ado I could get the Counsel to resent the Goaler's behaviour, but by meer Importunity I had the fellow before us; we examined him, and, by his own Story and accounts given us of his suffering other prisoners formerly to escape, I prevailed to have him turned out and a prosecution ordered against him to the Attorney Generall. I have also, with some difficulty, this late Session of Assembly here, got a bill to pass, That the Goal be committed to the Care of the High Sheriffe of the County, as in England, with a Salary of 30 L. _per Annum_, to the said Sheriffe: I would have had it 50 L. _per Annum_, for the Sheriff's Incouragement to be honest and carefull, but I could not prevail. I am forced to allow the Sheriff 40 s. per Week for keeping Kidd safe; otherwise I should be in some doubt about him. He has without doubt a great deal of gold, which is apt to tempt men that have not principles of honour; I have therefore, to try the power of dull Iron against gold, put him into Irons that Weigh 16 Pound. I thought it moderate enough, for I remember poor Doctor Oates[10] had a 100 weight of Iron on him when he was a prisoner in the late Raign. There never was a greater Lyar or Thief in the World than this Kidd; notwithstanding he assured the Councel and me every time we examined him That the great Ship and her Cargo waited his return to bring her hither, and now your Lordships will see by Two severall Informations of Masters of Ships from Curacao, that the Cargo has been sold there, and in one of them it is said they have burnt that noble Ship, and without doubt, it was by Kidd's order, that the Ship might not be an evidence against him, for he would not own to us her Name was the _Quidah-Marchand_, though his men did. Andries Henlyne, and Two more, brought the first news to York of the sale of that Cargo at Curacao; and never such pennyworths heard of for Cheapness; Captain Evertz is he who has brought the news of the Ship's being burnt. She was of about 500 Ton, and Kidd told us at the Councel, there never was a stronger or stancher Ship seen. His Lying had like to have involved me in a Contract that would have been very chargeable and to no manner of purpose, as he has ordered Matters. I was advised by Counsel to dispatch a Ship of good Countenance to go and fetch away that Ship and Cargo. I had agreed for a Ship of 300 tons, 22 Guns, and I was to man her with 60 men, to force (if there had been need of it) the Men to yield who were left with the Ship. I was just going to seal the writing, when I bethought myself it were best to presse Kidd once more to tell me Truth: I therefore sent to him Two Gentlemen of the Councel to the Goal, and he at last owned That he had left a power with one Mr. Henry Bolton, a Marchand of Antegoa whom he had Committed the Care of the Ship to, to sell and dispose of all the Cargo: upon which Confession of Kidds I held my hand from hireing that great Ship, which would have cost 1700 L. by Computation. And now to-morrow I send the Sloop Captain Kidd came in, with Letters to the Lieutenant Governor of Antegoa, Colonel Yeomans, to the Governors of St. Thomas's Island and Curacao, to seize and secure what effects they can, that was late in the possession of Kidd, and on board the _Quidah-Marchand_. There is one Burk, an Englishman, that lives at St. Thomas, who has got a great Store of the goods and mony for Kidd's account. St. Thomas belongs to the Danes, but I hope to retrieve what Burt has in his Hands.[11] The sending this Sloop will cost but about 300 L. if she be out Three moneths. I hope your Lordships will take care, that immediate orders be sent to Antegoa to secure Bolton, who must have plaid the Knave egregiously; for he could not but know that Kidd came knavishly by that Ship and Goods. It is reported That the Dutch of Curacao have loaded Three Sloops with those Goods, and sent them to Holland; perhaps it were not amiss to send and watch their Arrivall in Holland, if it be practicable to lay Claim to them there.

[Footnote 10: Titus Oates, the scurrilous and perjured informer, wonderfully successful with his "Popish Plot" in 1679 and 1680, thrown into prison, under heavy irons, in 1684. He was still living in 1699. His doctoral degree ("D.D. of Salamanca") was spurious.]

[Footnote 11: The reply of the governor of St. Thomas is doc. no. 83.]

Since my Committment of Kidd, I hear That upon his approach to this port, his heart misgave him, and he proposed to his Men the putting to Sea again and going to Caledonia,[12] the new Scotch Settlement near Darien, but they refused.

[Footnote 12: Caledonia was the settlement on the isthmus of Panama to which the Darien Company, amid so much enthusiasm on the part of the Scottish nation (see Macaulay's twenty-fourth chapter), had sent out its colony in 1698. The settlement had proved a disastrous failure and had been abandoned, and the ships bringing away the wretched survivors were already approaching New York, but neither Kidd nor Bellomont yet knew this.]

I desire I may have orders what to do with Kidd, and all his and Bradish's Crew; for, as the Law stands in this Country, if a pyrate were Convict, yet he cannot suffer Death: And the Counsell here refused the bill to punish Privateers and Pyrates which your Lordships sent with me from England with a direction to recommend it at New York and here, to be passed into a Law. I shall by next Conveyance acquaint your Lordships what a prejudice I have found in some of the Counsel to the Laws of England this Session, but having writ myself almost dead, I must till another Opportunity forbear to treat of the affairs of this Province; but when I do, I must tell your Lordships beforehand, I will not dissemble with you to favour any man or number of men; I am both above it, and I should thinke I did not do the part of an honest man, if I concealed any thing from you that tends to the prejudice of the Interest of England.

You will observe by some of the Informations I now send, That Kidd did not only rob the Two Moors Ships, but also a Portugueze Ship; which he denied absolutely to the Counsel and me.

I send your Lordships 24 severall Papers and Evidences relating to Captain Kidd. It is impossible for me to animadvert and make remarks on the several matters contained in the said papers, in the weak Condition I am at present; but must leave that Trouble to Mr. Secretary Popple,[13] whose excellent clear method in business fits him incomparably beyond me for such a Work.

[Footnote 13: William Popple the elder, secretary to the Board of Trade from 1696 to 1708.]

I will always continue to be, with much Respect,

My Lords,

Your Lordships most humble and obedient Servant,

BELLOMONT.

_83. The Danish Governor of St. Thomas to Lord Bellomont. September 1, 1699._[1]

[Footnote 1: Public Record Office, C.O. 5:860, no. 73 XIII. Johan Lorentz, acting governor of the Danish island of St. Thomas 1689-1692, governor 1694-1702, was of Flensborg in Sleswick, but his habitual language was Dutch, which indeed was the usual language of St. Thomas at this time. His letter, written in Dutch, was sent to the Board of Trade as an enclosure in a letter from Bellomont dated Oct. 24. Bellomont, as indicated in the latter part of doc. no. 82, sent the _Antonio_, with a trusty skipper, to Antigua, St. Thomas, Curacao, and Jamaica, to recover whatever could be found of Kidd's booty. This is one of the letters it brought back. Lorentz dated by old style.]

_Aen Syn Excell. Bellomont_

ST. THOMAS de 1 Septembris anno 1699

_Myn Heer_

Hebbe d'Eere gehadt, uw Excell. aengename Missive van den 26 July door Capt. ---- Carry t'ontvanghen, en daer uyt ten volle verstaen het gheen uw Excell. aengaende den Zeeroover Will Kidd heeft gelieven te schryven, waerop uw Excell. met naervolgende Antwoort dienen Sall. voorschryven Will Kidd is voor deesen Haeven met zyn voerende Schip onder Engelse Vlagge buyten Schoot Van't Kooninghs Fortress ten Anker gekoomen, en heeft daerop zyn Chaloupe met een Brief aen My aen Lant gesonden, waerin hy Protectie van my was begehrende, Vaerder pretenderende onschuldigh te weesen in't Rooven van de Subjecten van den Mogol in Oostjndien. Zyn Bedryf my toenmaels nogh Onbekent Zynde, Schreef hem Wederom, by aldien hy een Eerlyk man was, dat ick hem protegeren woude, maer hy heeft Verzekeringh willen hebben, dat ick hem aen gheen Oorloghs schepen van syn Majestat van Groot Britannien, die hem souden Koomen Opeyschen Overleveren soude, 't welck hem geweygert hebbe, waerop by Verstaen hebbende, dat ick alle Habitanten verbooden hadde, gheen Provisie aen hem te vercoopen, wederom onder Zeyl is gegaen; zedert die Tyt hebbe hooren seggen, dat hy omtrent het Eylant Moone ten Anker lagh, en dat een Bolton van Antigua by hem geweest hadde, om met hem te negotieren. Naederhant quam in deesen Haven eenen Bergantin, toebehoorende aen Barbades, waerop eenen Will Burcke Coopman was, van welcke ick gheen suspitie hadde nogh minder de gedachten, dat hy hem soude onderstaen doerfen eenighe Zeerover goederen hier intevoeren; Nochtans hebbe des Andern Daeghs verstaen, dat hy by Nacht een Party Goet aen Lant hadde gebrocht, dewelcke hy volghens seggen aen de Heer Pedro van Bellen, General Directeur voor de Ceurvorsth. Brandenborgse Privilegeerde soude vercocht hebben, dewelcke ook in't Brandenborgse Magazyn zyn Opgeleght. ick hebbe aen voorschryven goederen niet koennen koomen dewyl voorschryven Brandenborgse Privilegeerde hier ter Plaetse haer eyghen Recht en Privilegien hebben, maer voorschryven Will Burcke hebbe laeten arresteren, en naerdien hy Borghtocht heeft gestelt, hebbe hem laeten vertrecken met de Bergantin, dogh met de Conditie, dat hy syn verantwoordinghe aen Barbades (dewyl hy een Subject van Syn Majestaet van Engelant en aldaer woonachtigh was) soude doen. Naederhant is hy van Barbades wederom hier gekoomen, medebrengende een Recommendatie van de Heer Gouverneur Grey aen my, en ophoudt sigh hier nu nogh in't Brandenborgse Loge, maer alle voorschryven Goederen zyn (soo geseght word) naer aendere Plaetse getransporteert. Deeses is all het gheen, daervan Uw. Excell. aengaende deese Saeke onderrechten kan, daerby verzekerende dat gheen Subjecten of inwoonders van Syn Cooninglyke Majestaet van Denemarck myn Souverain Heer met voor[schryven] Kidd gehandelt hebben, dewyl daerin Goede ordre hebbe beschickt. Ondertuschen hebbe aenstonts een Persoon uyt den Raet naer Denemarck gesonden, om aen Syn Cooninglyke Majestaet myn allergenadigste Kooning ende Heer van all het gheen, soo als het passeert is, alleronderdaenigst Rapport te geven. Hiermede Sluytende recommenderende Uwe Excell. alle Goede Vrientschap en Vaerdere goede Correspondentie t'Onderhouden, Waermede verblyve

Uwe Excell.

Ootmoedigen Dienaer

J. LORENTS.

[Addressed:] To Milord Bellomont Earl, Gouvernor of New England, Yorck and other places, In Boston

_Translation._

ST. THOMAS, September 1, 1699.

_To His Excellency Bellomont:_

_My Lord:_

I have had the honor to receive by way of Captain ---- Carry[2] Your Excellency's agreeable letter of July 26, and to understand fully from it what Your Excellency has been pleased to write as to the pirate Will Kidd, upon which I shall serve Your Excellency with the following reply. The aforesaid Will Kidd, with his freight-ship under the English flag, came to anchor off this harbor, out of range of the King's fortress, and then sent his shallop to land with a letter to me, in which he asked me for protection, further declaring that he was innocent as to robbing the subjects of the Mogul in the East Indies. His course of conduct being at that time still unknown to me, I wrote him in reply that, in case he was an honorable man, I would protect him, but he wished to have assurance that I would not give him up to any war-ship of His Majesty of Great Britain that should come to demand him. This I declined to give, whereupon he, understanding that I had forbidden all inhabitants to sell him any provisions, set sail again.[3] Since that time I have heard that he lay at anchor near the island of Mona, and that one Bolton of Antigua had been with him, to transact business. Afterward there came into this harbor a brigantine belonging to Barbados, on which one Will Burcke[4] was merchant, concerning whom I had no suspicion, still less the thought that he would dare to undertake bringing in here any pirate goods; yet I learned the other day that he by night had brought a quantity of goods to land, which, according to reports, he had sold to Mr. Pedro van Bellen, general director for the Electoral Brandenburg Privileged Company, and which are also stored in the Brandenburg warehouse.[5] I have not been able to get at the aforesaid goods, because the said Brandenburg patentees have here their own law and privileges, but I have caused the said Will Burcke to be arrested, and on his giving bail have let him return with the brigantine, yet on condition that he should discharge his responsibility to Barbadoes, he being a subject of His Majesty of England and resident there. Since that time he has come here again from Barbados, bringing with him a recommendation from Governor Grey[6] to me, and is living here still at the Brandenburg Lodge, but all the aforesaid goods have, it is said, been transported to other places. This is all the information that I can give Your Excellency respecting this matter, at the same time assuring you that no subjects of his Royal Majesty of Denmark, my sovereign Lord, or inhabitants here, have traded with the aforesaid Kidd, for in that matter I have enforced good order. Meanwhile I have forthwith sent a member of the council to Denmark, to report most submissively to His Royal Majesty, my most gracious King and Lord, all these matters just as they have occurred. Herewith closing, and commending myself to Your Excellency, to maintain all good friendship and further good correspondence, I remain

Your Excellency's

Humble Servant

J. LORENTS.

[Footnote 2: Nathaniel Cary of Charlestown. His very interesting account of his wife's prosecution for witchcraft in 1692 is in Calef's _More Wonders of the Invisible World_, and is reprinted in G.L. Burr, _Narratives of the Witchcraft Trials_, pp. 349-352.]

[Footnote 3: The episode is related more fully in Westergaard, _The Danish West Indies_, pp. 113-118, Professor Westergaard having found Lorentz's carefully kept diary in the Danish archives at Copenhagen. Lorentz "answered that if he could produce proof in writing that he was an honest man, he might enter". From his request for protection from English royal ships, the governor "saw that he was a pirate", and "his request was flatly refused him, and he was forbidden to send his men ashore again unless they came into the harbor with the ship".]

[Footnote 4: See doc. no. 76, note 20.]

[Footnote 5: By a treaty between the Great Elector and the King of Denmark, in 1685, Brandenburg secured for thirty years the privilege of maintaining on St. Thomas an establishment, chiefly useful in connection with the work of the Brandenburg company for the African slave-trade. The story is related in Westergaard, ch. III., and in Schueck; see doc. no. 43, note 1, and no. 48, note 1. The episode of Burke and Van Belle is more fully related in Westergaard, pp. 115-118. Burke escaped and most of the goods went across the Atlantic to Brandenburg, but Lorentz seems to have been honest.]

[Footnote 6: Hon. Ralph Grey, governor of Barbados 1697-1699.]

_84. Declaration of William Kidd. September 4, 1699._[1]

[Footnote 1: Public Record Office, C.O. 5:860, no. 65 XIX. Enclosed in a letter of Bellomont to the Board of Trade, Aug. 28. There is a photographic facsimile of the original in R.D. Paine, _The Book of Buried Treasure_, at p. 85. Though this chest is mentioned in several of the Kidd documents, no account of its contents appears in the chief printed inventories, indeed I find no evidence that it was brought to Boston. The statement may have interest as showing kinds of goods then highly valued.]

BOSTON September 4, 1699

Captain William Kidd declareth and saith That in his chest which he left at Gardiners Island there was three small baggs or more of Jasper Antonio or stone of Goa,[2] severall pieces of Silk stript with silver and gold, Cloth of Silver, about a Bushell of Cloves and Nutmegs mixed together and strawed up and down, severall books of fine white callicoes, severall pieces of fine Muzlins, severall pieces more of flowred silk, he does not well remmember what further was in it. he had an Invoyce thereof in his other chest. all that was contained in the said Chest was bought by him and some given him at Madagascar, nothing thereof was taken in the ship _Quedah Merchant_. he esteemed it to be of greater value than all else that he left at Gardiners Island except the gold and silver. there was neither gold or silver in the chest. It was fastned with a Padlock and nailed and corded about.

[Footnote 2: A fever medicine, consisting of various drugs made up into a hard ball, lately invented in India by Gaspar Antonio, a lay brother of the Society of Jesus.]

Further saith That he left at said Gardiners Island a bundle of nine or tenn fine India Quilts, some of them Silk with fringes and Tassells.

WM. KIDD.

_85. Lord Bellomont to the Board of Trade. November 29, 1699._[1]

[Footnote 1: Public Record Office, C.O. 5:861, no. 4. Endorsed as received Jan. 19, 1700, and read at the Board Feb. 9.]

BOSTON the 29 November 99.

_My Lords_

I gave your Lordships an account in my Letter of the 24th of last moneth[2] by the last ship that went hence for England, of my taking Joseph Bradish and Tee Wetherley, the two Pyrates that had escaped from the Goal of this town;[3] and I then also writ that I hoped in a little time to be able to send your Lordships the news of my taking James Gill[am] the Pyrat that killed Captain Edgecomb, Commander of the _Mocha_ frigat for the East India Company,[4] and that with his own hand while the Captain was asleep, and Gillam is supposed to be the man that Incouraged the Ship's Company to turn Pyrats, and that ship has ever since been robbing in the Red Sea and Seas of India, and taken an Incredible deal of wealth; if one may believe the reports of men that are lately come from Madagascar, and that saw the _Mocha_ frigat there, she has taken above two millions sterling. I have been so lucky as to take James Gillam, and he is now in Irons in the Goal of this town, and at the same time with him was sie[ze]d one Francis Dole,[5] in whose house he was harboured, who proves to be one of Hore's Crew, H[ore] one of Colonel Fletcher's Pyrates commissioned by him from New York; Dole is also committed to Goal. My taking of Gillam was so very accidentall that I cannot forbear giving your Lordships a narrative of it, and one would believe there was a strange fatality in that m[an's] Starrs. On Saturday the 11th Instant late in the evening I had a letter from Colonel Sanford,[6] Judge [of] the Admiralty Court in Rhode-Island, giving me an account that Gillam had been there, but was come towards Boston a fortnight before, in order to ship himselfe for some of the Islands, Jamaica or Barbados, that he was troubled he knew it not sooner, and was affraid his Intelligence would come too late to me; that the Messenger he sent knew the Mare Gillam rode on [to] this town. I was in despair of finding the man, because Colonel Sanford writ to me that he was g[one] to this town so long a time as a fortnight before that; however I sent for an honest Constable I had made use of in the apprehending of Kidd and his men, and sent him with Colonel Sanford's Messenger to examine and search all the Inns in Town for the mare, and at the first Inn they went to, they found her tied up in the yard; the people of the Inn reported that the man that brought her thither, had lighted off her about a quarter of an hour before, had there tied her, but went away without saying anything to anybody. Upon notice of this I gave order to the Master of the Inn that if any body came to look after the mare, he should be sure to seize and secure him, but no body came for her. The next morning which was Sunday I summoned [a] Council, and we published a Proclamation, wherein I promised a reward of 200[l.] for the seizing and securing Gillam, whereupon there was the strictest search [all that] day, and the next, that was ever made in this part of the world, but we had missed him, if I had not been Informed of one Captain Knot, as an old Pyrate and therefore likely [to k]now where Gillam was concealed.[7] I sent for Knot and examined him, promising h[im if h]e would make an Ingenious Confession, I would not molest or prosecute him; he seemed [mu]ch disturbed, but would not confesse anything to purpose. I then sent for his wife and examined her on oath apart from her husband, and she confessed that one who went by the [name] of James Kelly had lodged severall nights in her house, but for some nights past [lo]dged as she believed in Charlestown Crosse the River. I knew he went by the name of Kelly, [the]n I examined Captain Knot again, telling him his wife had been more free and ingenious [tha]n him, which made him believe she had told all; and then he told me of Francis Dole in Charlestown, and that he believed Gillam would be found there. I sent half a dousin men immediately over the water to Charlestown and Knot with them, they beset the house, and searched it but found not the man, Dole affirming with many protestations he was not there, neither knew [of] any such man. Two of the men went through a field behind Dole's house, and passing [thr]ough a second field they met a man in the dark (for it was ten a clock at night) whom they [seize]d at all adventures, and it happened as oddly as luckily to be Gillam, he had been treating [some] young women some few miles off in the Country, and was returning at night to his Landlord Dole's house, and so was met with. I examined him, but he denied everything, even that he came with Kidd from Madagascar, or ever saw him in his life; but Captain Davies,[8] who also came thence with Kidd, and all Kidd's men, are positive he is the man and that he went by his true name viz. Gillam, all the while he was on the voyage with them, and Mr. Campbel the Postmaster of this town (whom I sent to treat with Kidd) offers to swear this is the man he saw on [bo]ard Kidd's sloop under the name of James Gillam. He is the most impudent hardened V[illai]n I ever saw in my whole life. That which led me to an Inquiry and search after this man [was t]he Information of William Cuthbert on oath, which I sent your Lordships with my packet of the 26th of this last July,[9] wherein Cuthbert Informs that being lately in the East India Company's service [it w]as commonly reported there that Gillam had killed Captain Edgecomb with his own hand, that he had [s]erved the Mogul, turned Mahometan and was Circumcised. I had him searched by a [su]rgeon and also by a Jew in this Town, to know if he were Circumcised, and they have both declared on oath that he is. Mr. Cutler the surgeon's[10] deposition goes (No. 1) and Mr. Frazon the Jew's (No. 2).[11] The rest of the Evidences about Gillam and some other Pyrates go numbered from 3 to 23 inclusive, which I recommend to your Lordships perusall, as what will inform you of the strange Countenance given to Pyrats by the Government and people of [Rhode]-Island. I have numbered the papers in order of time and according to their dates: most have reference to Gillam, some to Kidd. In searching the forementioned Captain Knot's house [a smal]l trunk was found with some remnants of East India goods, and a Letter from Kidd's wife to Captain Thomas Pain an old Pyrat living on Canonicot Island in Rhode Island Governm[ent.][12] The affidavit he made when I was at Rhode-Island goes numbered among the other evide[nce.] He then made oath that he had received nothing from Kidd's sloop when she lay at anchor by [_torn_] Island, yet by Knot's deposition your Lordships will find, he was sent with Mrs. Kidd's letter to Pa[in for] 24 ounces of gold, which Knot accordingly brought; and Mrs. Kidd's Injunction to Pain to keep a[ll the] rest that was left with him till further order, was a plain Indication that there was a good deal of [trea]sure still behind in Pain's Custody, therefore I posted away a messenger to Governor Crans[ton][13] and Colonel Sanford to make a strict search of Pain's house before he could have notice; it see[ms] nothing was then found, but Pain has since produced 18 ounces and odd weight of gold, as appears by Cranston's Letter of the 25th Instant and pretends it was bestowed on him by Kidd, hoping that may p[rove (?)] a salvo for the oath he made when I was in Rhode-Island, but I think it is plain he forswore himselfe then, and I am of opinion he has a great deal more of Kidd's gold still in his hands. [But] he is out of my power, and being in that Government I cannot compell him to deliver up th....

[Footnote 2: The letter in which no. 83 was enclosed; its substance is given in _Cal. St. P. Col._, 1699, pp. 486-490.]

[Footnote 3: See doc. no. 77, note 8.]

[Footnote 4: See doc. no. 65, note 18, and no. 74, note 2.]

[Footnote 5: Francis Dowell, of Wapping Street, Charlestown, mariner. T.B. Wyman, _Genealogies and Estates of Charlestown_, I. 301.]

[Footnote 6: Peleg Sandford, governor of Rhode Island 1680-1683.]

[Footnote 7: Andrew Knott's examination shows that he and Gillam had known each other in Virginia years before, and had sailed together under a privateer captain, making many prizes in the South Sea, possibly in the expedition narrated in docs. no. 44 and no. 45. See also doc. no. 68, paragraph 16 and note 18.]

[Footnote 8: Edward Davis of London, originally boatswain of the _Fidelia_ (see doc. no. 90), whose deposition is in _Commons Journal_, XIII. 28.]

[Footnote 9: _Commons Journal_, XIII. 26; narrative of William Cuthbert, late gunner of the ship _Charles the Second_.]

[Footnote 10: John Cutler was a Dutch surgeon named De Messenmaker, who on settling in New England translated his name into Cutler. His marriage record in the town records of Hingham begins, "Johannes Demesmaker, a Dutchman (who say his name in English is John Cutler)", etc.]

[Footnote 11: Joseph Frazon, died 1704, buried in the Jewish cemetery at Newport. The anonymous author of the anti-Mather pamphlet, _A Modest Enquiry_ (London, 1707, reprinted in Mass. Hist. Soc., _Coll._, fifth ser., VI.), p. 80*, accuses Cotton Mather of having "attempted a Pretended Vision, to have converted Mr. Frasier a Jew, who had before conceiv'd some good Notions of Christianity: The Consequence was, that the Forgery was so plainly detected that Mr. C.M. confest it; after which Mr. Frasier would never be perswaded to hear any more of Christianity".]

[Footnote 12: Doc. no. 80.]

[Footnote 13: Samuel Cranston, governor of Rhode Island 1698-1728.]

Your Lordships will find in Captain Coddington's narrative number 35[14] and sent with my Report dated the 27th Instant an Inventory of gold and Jew[els] in Governor Cranston's hands which he took from a Pyrat. I see no reason why he should keep them ... so far from that, that he (with submission) ought to be called to an account for Conniving at the Py[rats] making that Island their Sanctuary, and suffering some to escape from Justice. If there be an order sent to him to deliver what gold and jewels is contained in the said Inventory, and also the formentio[ned] parcel of gold which he received from Pain, with all other goods and treasure which he has at any time rec[eived] from Privateers or Pyrates, into my hands for the use of his Majesty, and that upon oath, I will [see] the order executed, and will give a faithfull account thereof according to the order I shall re[ceive].

[Footnote 14: Nathaniel Coddington of Newport, register of the court of admiralty in Rhode Island.]

Four pound weight of the gold brought from Gardiner's Island which I formerly acquainted your Lordships of, and all the Jewels, belonged to Gillam, as Mr. Gardiner's Letter to Mr. Dummer,[15] a Marchand in t[he] town and one of the Committee appointed by me and the Council to receive all the treasure and goods which [were] brought in Kidd's sloop, will prove; and there is some proof of it in Captain Coddington's b[efore men]tioned narrative, and in Captain Knot's deposition of the 14th Instant. I am told that as Vice A[dmiral] of these provinces I am entitled to 1/3 part of Gillam's said gold and Jewels; I know not whe[ther I] am or no, but if it be my right I hope your Lordships will please to represent to the King the ext[reme] pains and vigilance I have used in taking these severall Pyrates, and that I may have my [por]tion of the said gold and Jewels, if there be any due to me. It is a great prejudice to the King's s[ervice] that here is no Revenue or other fund to answer any occasion or service of Majestys. I have [been] forced to disburse the 200 pieces of 8/8 for the taking of Gillam out of my own little stock and also to [de]fray my journey and other expences in going to Rhode-Island to execute the King's Commission [and] Instructions. Both accounts I now send, and beg your Lordships favour in promoting and Countenancing the payment of that mony to Sir John Stanley for my use. Captain Gullock[16] tells [me] that 15 or 16 of the ship's Company that would not be concerned with Gillam and his accomplices in murdering Captain Edgecomb, and afterwards turning Pyrates, went home to England in [the] Ship _America_ belonging to the East India Company, Captain Laycock Commander. I should thi[nk an] advertisement in the Gazette requiring some of those men to appear before one of the Sec[retaries] of State to give their evidence of what they know of that matter, would be proper.

[Footnote 15: Jeremiah Dummer the elder, father of the publicist.]

[Footnote 16: Thomas Gullock was the captain of the ship which Bradish had run away with. Sir John Stanley was an official of the lord chamberlain's office.]

[Your] Lordships will meet with a passe among the other papers, number 5, to Sion Arnold, one of the [pirat]es brought from Madagascar by Shelley of New York, the said passe signed by Mr. Basse,[17] [Go]vernor of East and West Jerzies, which is a bold step in Basse after such positive orders as he received from [Govern]or[18] Vernon, but I perceive plainly the meaning of it, he took severall Pirats at Burlington [in West] Jerzey, and a good store of mony with them as it is said, and I daresay he would be glad they [should] escape, for when they are gone, who can witnesse what money he seized with them? I know [the] man so well, that I verily believe that is his plot. John Carr mentioned in some of the [papers to (?)] be in Rhode Island, No. 6, was one of Hore's Crew. There are abundance of other Pyrats in that [Is]land at this time, but they are out of my power. Mr. Brinley,[19] Colonel Sanford, and Captain Coddington are honest men, and of the best estates in the Island, and because they are heartily [wea]ry of the male administrations of that Government, and because too I commissioned them (by [virt]ue of the authority and power given me by his Majesty's Commission and Instructions so to do) to [make] Inquiry into the Irregularities of those people, they are become strangely odious to them and [are o]ften affronted by them, neither will they make them Justices of the peace; so that when they [w]ould commit Pyrates to Goal, they are forced to go to the Governor for his Warrant, and very ... ly the Pyrates get notice, and avoid the Warrant for that time. You may please to o[bser]ve too that Gardiner the Deputy Collector[20] is accused to have been once a Pyrat, in one of the [paper]s. I doubt he will forswear himselfe rather than part with Gillam's gold which is in his hands. [It is] impossible for me to transmit to the Lords of the Treasury these proofs against Gardiner. [I am] so jaded with writing, that I cannot write to them by this Conveyance, but I could wish [your Lordships might be (?)] made acquainted with Gardiner's Character, and that they would send over honest In----t men to be Collectors of Rhode Island, Conecticut, and New Hampshire; and that they [would h]asten Mr. Brenton[21] hither to his post, or send some other Collector in his room. I could [wish] that Mr. Weaver were ordered to hasten to New York. Your Lordships may please to observe that [Knott] in one of his depositions accuses Gillam to have pyrated four years together in the [Sou]th sea against the Spaniards.

[Footnote 17: On Shelley, see doc. no. 73, note 6. Jeremiah Basse was deputy-governor of East and West New Jersey from 1697 to 1699. In a letter of June 9 to Secretary Popple, _N.J. Archives_, first ser., II. 286-287, he describes his activity in manning a sloop and in person capturing four of Shelley's men at Cape May, and committing them to Burlington jail. "In their Chestes are about seaven thousand eight hundred Rix dollars and Venetians, about thirty pound of melted silver, a parcell of Arabian and Christian Gold, some necklases of Amber and Corrall, sundry peaces of India silkes."]

[Footnote 18: If the word is Governor, it should be Secretary.]

[Footnote 19: Francis Brinley, one of the chief Newport merchants; he had been a member of Andros's council.]

[Footnote 20: Robert Gardiner of Newport.]

[Footnote 21: Jahleel Brenton, for many years, beginning in 1691, collector and surveyor of the customs for New England (and thus Gardiner's superior officer) had gone to England as agent of Rhode Island in her boundary dispute with Connecticut. Thomas Weaver, who had been appointed collector for New York, was in London as agent for that province.]

We have advice that Burk an Irishman and Pyrat that committed severall robberies on th[e] [coast] of Newfoundland, is drowned with all his ship's Company, except 7 or 8 persons somewh[ere to the] southward. It is said he perished in the hurrican that was in those Seas about the end of [July and] beginning of August last. It is good news, he was very strong if we may believe report, [and is s]aid to have had a good ship with a 140 men, and 24 guns.

[Bra]dish and Wetherley have a slight extraordinary in attempting to escape, they [made] two attempts since they were last committed, once they broke the floor of the prison and thought to escape that way, but that failing them, within a night or two they filed off their fetters, upon which I ordered them to be manicled, and chained to one another. I believe this new Goaler I have got is honest, otherwise I should be very uneasy for fear these Pyrats should escape....[22]

[Footnote 22: The rest of the letter has nothing to do with Kidd or other pirates.]

I conclude with all respect

My Lords

Your Lordships most humble and obedient Servant

BELLOMONT.

_86. Information of Henry Bolton. February 4, 1701._[1]

[Footnote 1: From the manuscripts of the Duke of Portland at Welbeck Abbey, a copy having been kindly furnished by the Rev. Richard W. Goulding, librarian to the duke. The date Feb. 4, 1700, means Feb. 4, 1701, new style. Bolton's previous history and his relations with Kidd are sufficiently shown by this and preceding documents. In 1700 he had been shipped to England from Jamaica, and he was now, or at any rate on Dec. 22, 1700, in Newgate prison under charges of piracy. _Cal. St. P. Col._, 1700, p. 760.]

Information of Henry Bolton.

4th of February 1700

Being required by the Right hono'ble the Commission'rs for Executing the office of High Admiral of England, Ireland etc. to informe their Lord'ps of the place of my nativity, manner of Living for some time in the West Indies, and particularly of my meeting and Transactions with Capt. Kidd, I presume to make the following Answer, being the best and fullest I can make at present having neither my Books or papers in this Kingdome.

That I was born in Worcestershire about the yeare 1672 and in the year 1697 was Deputed by the Commissioners of his Maj'ties Customes for the Leeward Islands to be Collector for the Island of Antigua.

That in the year 1698 following I quitted that Imployment[2] and followed Merchandizing about the said Leeward Islands.

[Footnote 2: He was removed, and at the time of his removal he owed the crown about L500. _Ibid._, p. 603.]

That in February 1698/9 I sailed from Antigua in the Sloop _St. Antonie_, Samuel Wood Master, on a Trading Voyage amongst the Dutch and Spaniards. The Markett at Curacoa (a Dutch Island) not answering my Ends I went to Rio De la Hacha,[3] and there sold my Cargoe, and Loaded my Sloope with Stock Fish [and] Wood on Freight for Curacoa aforesaid, which I there Landed and departed for the Island of Porto Rico with intention to Trade with the Inhabitants of that Island, having a Cargo on Board for that purpose.

[Footnote 3: On the Spanish Main, or north coast of South America, about 300 miles west of Curacao.]

That in that Voyage in the Moneth of Aprill 1699 being becalmed to the N.N.E. of the Island Mona the Men belonging to the Sloop discovered a Sail E. and B.S.[4] from Mona which the Pilote of the Sloope supposed to be a Guarda Costa, a small vessell fitted out by the Spanish Governors to clear the Coast of Foreign Traders. A few houres after Wee discovered a Cannoa, which drawing near the Sloope, Wee hailed the said Cannoa. They answered from Whitehall. Wee demanded who Commanded their Shipp. They Replyed Capt. Kidd. Then he that stired[5] the Cannoa was desired to come on Board. After he came he told me his name was John Ware, and that he was Master of Capt. Kidd's Ship, requesting that I would goe on Board in the Cannoa to see Capt. Kidd which accordingly I did. When I came there Captain Kidd askt me to sell him my Sloope in regard his Ship was disabled and could not well proceed the voyage he intended for New Yorke, and finding me unwilling he then askt if I could not procure him a Vessell. I answered possibly I might at Curacao, upon which he desired me to use my Endeavors there to get him a Sloope, and procure him some Buyers or Chapmen[6] for his Calicos and Muslings, And that he would consider me for my paynes.

[Footnote 4: East and by south, _i.e._, midway between east and eastsoutheast.]

[Footnote 5: Steered.]

[Footnote 6: _I.e._, Some customers or some selling agents.]

That thereupon I departed from Capt. Kidd and went for Curacao where I applyed my selfe to Mr John Stonehouse and Mr Walter Gribble[7] (Acquaintance of Captain Kidd) who promised to send A Sloope to him. I also Endeavored to procure him some Buyers for the Muslings and Callicos.

[Footnote 7: See doc. no. 76, note 21.]

That after doing my Errand and business at Curacao I ordered the Master of the Sloope to shape his Course for the West End of Porto Rico, But the Wind proving Northerly Wee fell in with the East end of Savona and plyed to Winward for Mona in order to meet Captain Kidd, which I there did according to Appointm't and with him a Dutch Sloope, Jean Vander Bist Master, and a French Turtler, the Master's name I have forgot; Captain Kidd waited at Mona for the Curacao vessells But the Wind being about No. and from thence to NNE they could not possibly Fetch Mona, So Captain Kidd's patience being tyred gott his ship under Saile and intended to Weather point Esperdo,[8] the Eastermost part of Hispaniola, but the Deficiencies of his Ship being so great he bore away for the West end of Savona, and there Anchored. a Day or two afterwards came into Our Company the Brigandin _Mary Gold_, George Lorriston Master, and the _Elenora_, John Duncan Master. Then Cap't Kidd weighed Anchor with the sloop _Spey_, John Vander Bist Master, and Brigandine _Mary Gold_, sailed for the River Higuey in the Island Hispaniola where Arriving he moored his ship across the River to the Stumps of Trees or Rocks on shoar.

[Footnote 8: Punta Espada.]

That there Capt. Kidd disposed of wine, part of his Cargoe, to severall that came on Board to him And that at the same time I sold him the Sloope _St. Antonio_.

That Capt. Kidd tooke severall Goods out of his ship, and put them on Board the Sloope I sould him and left his owne ship in the River Higuey and desired me to doe him all the service I could in selling and disposeing of the Goods left on Board of the said ship for Account of the Owners of the _Adventure Galley_.

That Captain Kidd told me that my Lord Bellomont and my Lord of Orford[9] and himselfe were some of the _Adventure Galleys_ owners and to the best of my Remembrance Sir John Somers.

[Footnote 9: The Sir Edward Russell of doc. no. 71, note 1. He had been created earl of Orford in 1697.]

That Capt. Kidd shewed me a Commission under the Great Seale signed at the Topp William Rex and another Commission signed by the Lords of the Admiralty, the purport of neither of which I can remember, onely Capt. Kidd sayd his Commissions impowred him to take pirates and the subjects of the French King.

That Capt. Kidd at his going to New Yorke promised to return himselfe or send some other persons in two Moneths time to bring Necessaryes for refitting his said ship the _Adventure Prize_ and also a Condemnation for the said ship and Goods and to indempnifye all persons that should purchase any of the said Goods, alledging that the said ship was a lawfull prize being taken with a French passe which Captain Kidd shewed me, and actually in the time of War with France.[10]

[Footnote 10: See doc. no. 76, note 9.]

That after the Departure of Capt. Kidd the Seamen shiped by him in the said ship did plunder and convert to their owne uses the best and most choicest of the goods of the said ships Cargoe, which did not come to my Knowledge till they had been near Five Weeks on board the said ship, and indeed it was out of my power to prevent them had I discovered it sooner being only myselfe and Negro Boy, And they were Eighteen in numbers.

That the said Seamen belonging to the said ship as afores'd when they found I was not ignorant of their villanies openly declared they would not stay longer on board the said ship, but being terrified with the thoughts of Capt Kidds returning, they Joyned all (saving the Boatswaine) and came on the Quarter Deck and said I might remain in the ship and be damned for they would stay no longer. The Man that thus affronted me I shoved on the main Deck[11] and ordered the rest to go on the Main Deck likewise and told them they had engaged themselves to Capt. Kidd to stay on board the ship as long as I should be there, And that I was resolved to stay till the two Months in which Capt. Kidd promised to return were expired unless some Extraordinary Accident intervened: I also charged them with stealing out of the Ships Hould severall Bales of Goods And that if they went from the Ship before Capt. Kidd's Arrivall I was oblidged as his Friend and in my owne Justification to write to all Governm'ts in those parts to have them secured; this calmed them for two or three dayes.

[Footnote 11: _I.e._, shoved down from the quarter-deck onto the main deck.]

That the said Seamen did again Joyne and draw up a Paper directed to me setting forth their Resolution of leaving the Ship and signed with their names within a Circle commonly called a Round Robin, so gott on board A Sloope and went for the Island Curacao leaving the Ship to me and three more.

That after the departure of the said Seamen I stayd about a Week in the ship and would have stayed longer had not a Friend of myne sent a Sloope Express from Curacao to informe me the Spaniards of the Citty of St. Domingo[12] were arming out a Brigandine to come and take us, which induced me to leave the said ship _Adventure Prize_ in the said River Higuey and went to the Island Curacao in order to protest ag't the Seamen as aforesaid and to get what satisfaction the Law would allow, For at that time they had most of them three or Four hundred pounds a Man. But the said Seamen had gained their Ends so farr in the Governm't that the Governor would not admitt me to stay in Curacao tho' at the same time John Ware Master of Capt. Kidd's ship and the said seamen were there openly protected; I do not charge this on the Govern'r[13] (who is since dead) For I should be very sorry to disturbe the Ashes of so good a Gentleman as I believe he was, but on some of his Councill that did not desire I should face them.

[Footnote 12: Not a hundred miles away.]

[Footnote 13: Bastiaen (Sebastian) Bernage.]

That I have not received of the produce of the Goods Capt. Kidd left upwards of three hundred and Eighty peices of Eight, all the rest is in Debts outstanding which is much less than my Charges.[14]

[Footnote 14: But John Ruggles, master's mate of the _Primrose_ of Boston, testified that, drinking in a public house at Charles Town, Nevis, with William Cheesers and William Daniel, he heard the former say that Bolton had got L16,000 by Captain Kidd. _Cal. St. P. Col._, 1699, p. 416.]

This is the full that presents to my Memory in Answer to their Lord'ps Demands February 4th, 1700.

HEN. BOLTON.

_87. William Kidd to the Speaker of the House of Commons (Robert Harley). April (?), 1701._[1]

[Footnote 1: From the manuscripts of the Duke of Portland at Welbeck Abbey. The Historical Manuscripts Commission's calendar of those archives, IV. 16, wrongly gives this petition the same date as the next document, May 12, 1701. This petition was written before the trials, which occurred on May 8 and 9, but after Kidd's appearances before the House of Commons, which occurred on Mar. 27 and 31; _Commons Journal_, XIII. 441, 463. Kidd, Gillam, Bradish, Witherley, and 28 other pirates, mostly members of Kidd's crew, were shipped from Boston soon after March 6, 1700 (eight months after his arrest), on the _Advice_ frigate, and arrived in the Downs Apr. 11, the day on which King William brought to an end, by prorogation, the session of Parliament. In that session, chiefly as a means of attacking Somers, the lord chancellor, a party in the House of Commons had assailed the grant of letters patent under which Kidd's enterprise had been undertaken (Dec. 6, 1699). They were outvoted, but on Mar. 16, 1700, a vote was passed for addressing the king that Kidd should not be tried, discharged, or pardoned till the next session of Parliament. The Admiralty concurred, May 2. The new Parliament came together Feb. 6, 1701; Harley was chosen speaker Feb. 11; the impeachment of Somers and Orford, in which the contract with Kidd was made the basis of one article, was voted Apr. 14.]

_May it please Y'r Hon'r_

The long Imprisonment I have undergone, or the tryall I am to undergoe, are not soe great an affliction to me, as my not being able to give your Hon'ble House of Commons such satisfaction as was Expected from me. I hope I have not offended against the Law, but if I have, It was the fault of others who knew better, and made me the Tool of their Ambition and Avarice, and who now perhaps think it their Interest that I should be removed out of the world.

I did not seek the Commission I undertook, but was partly Cajold, and

## partly menac'd into it by the Lord Bellomont, and one Robert

Livingston of New York, who was the projector, promoter, and Chief Manager of that designe, and who only can give your House a satisfactory account of all the Transactions of my Owners. He was the man admitted into their Closets, and received their private Instructions, which he kept in his own hands, and who encouraged me in their names to doe more than I ever did, and to act without regard to my Commission. I would not Exceed my Authority, and took noe other ships than such as had French passes, which I brought with me to New England, and relyed upon for my Justification. But my Lord Bellomont seized upon them together with my Cargoe, and tho he promised to send them into England, yet has he detained part of the effects, kept these passes wholly from me, and has stript me of all the Defence I have to make, which is such Barbarous, as well as dishonorable usage, as I hope Your Hon'ble House will not let an Englishman suffer, how unfortunate soever his Circumstances are; but will intercede with his Maj'ty to defer my tryall till I can have those passes, and that Livingston may be brought under Your Examination, and Confronted by me.[2]

[Footnote 2: Whether the presence of the French passes at the trial for piracy would have brought about Kidd's acquittal may be doubted, courts of justice being what they were; at all events Kidd, though he clamored for them from the day of his arrival in the Downs (_Portland MSS._, VIII. 78) till the day he was sentenced, was never able to recover them. The admiralty court refused to consider them. "Where are they?" said the Lord Chief Baron Ward. Kidd's counsel could only reply, "We cannot yet tell whether they are in the Admiralty-Office, or whether Mr. Jodrell [clerk of the House of Commons] hath them". _State Trials_, V. 290. In point of fact the House of Commons, which had had all the papers before it for examination, had on Apr. 16, on information that Kidd desired the use of his papers at his trial, ordered the clerk to deliver them to the secretary of the Admiralty. _Commons Journal_, XIII. 379, 380, 496.--A photographic facsimile of the pass of the _Cara_ (_Quedah_) _Merchant_ is in Paine, _Book of Buried Treasure_, at p. 104.]

I cannot be so unjust to my selfe, as to plead to an Indictment till the French passes are restored to me, unlesse I would be accessary to my own destruction,[3] for though I can make proof that the ships I took had such passes, I am advised by Council, that It will little avail me without producing the passes themselves. I was in great Consternation when I was before that great Assembly, Your Hon'ble House, which with the disadvantages of a mean Capacity, want of Education, and a Spirit Cramped by Long Confinem't, made me Uncapable of representing my Case; and I have therefore presumed to send your Honor a short and true state of It, which I humbly beg Your Honors perusall, and Communication of to the House, if you think it worthy their Notice.[4]

[Footnote 3: So when first arraigned, he tried to avoid pleading (_ibid._, 287), but he was tried first for the murder of William Moore, on which the passes had no bearing. William Moore was an insubordinate gunner; after an altercation, Kidd hit him on the head with a bucket, and he died. It was probably manslaughter, but the jury sustained the indictment for murder. After being condemned for murder, Kidd was tried (unfairly in several particulars) and condemned for piracy.]

[Footnote 4: Not doc. no. 88, I judge, but more probably the "Protest" printed in _Portland MSS._, VIII. 78-80, a statement of Kidd's case which he had drawn up at Boston and on arrival in the Downs had sent to Orford.]

I humbly crave leave to acquaint Your Honor that I was not privy to my being sent for up to Your House the second time, nor to the paper lately printed in my name[5] (both which may justly give Offence to the House) but I owe the first to a Coffeeman in the Court of Wards who designed to make a shew of me, for his profit; and the latter was done by one Newy a prisoner in Newgate to get money for his support, at the hazard of my safety.

[Footnote 5: I cannot identify this paper (probably a broadside), but the ingenious Newy was doubtless the author of _Captain Charles Newy's Case, impartially laid open: or a ... Narrative of the Clandestine Proceedings aginst_ (sic) _him, as it was hatched ... and ... carried on by Mrs. M. Newey, widdow_ (London, 1700), a pamphlet which I have not seen, but of which there is a copy in the British Museum.]

I humbly beg the Compassion and protection of the Hon'ble House of Commons, and Your Honors intercession with them on behalfe of

Your Honors

Most Dutifull and Distressed Serv't

WM. KIDD.

_88. William Kidd to Robert Harley [?]. May 12, 1701._[1]

[Footnote 1: From the manuscripts of the Duke of Portland at Welbeck Abbey. See doc. no. 87, and notes. The trials had taken place on May 8 and 9, and Kidd was now under sentence. He was hanged at Wapping on the shore of the Thames, May 23, 1701. The precept, or order for his execution, at Wapping "infra fluxum et refluxum maris" (_i.e._, between high-water and low-water mark, according to admiralty custom), is quoted in Marsden, _Law and Custom of the Sea_ (Navy Records Society), II. 263.]

_S'r_

The Sence of my present Condition (being under Condemnation) and the thoughts of haveing bene imposed on by such as seek't my destruction therby to fulfill their ambitious desieres makes me uncapable of Expressing my selfe in those terms as I ought, therefore doe most humbly pray that you will be pleased to represent to the Hon'bl. house of Commons that in my late proceedings in the Indies I have Lodged goods and Tresure to the value of one hundred thousand pounds[2] which I desiere the Government may have the benefitt of, in order thereto I shall desiere no manner of liberty but to be kept prisonner on board such shipp as may be appointed for that purpose, and only give the necessary directions, and in case I faile therein I desiere no favour but to be forthwith Executed acording to my Sentance. if y'r honbl. house will please to order a Committee to come to me I doubt not but to give such satisfaction as may obtaine mercy, most Humbly submitting to the wisdom of your great assembly I am

S'r Y'r Unfortunate humble servant

WM. KIDD

NEW GATE 12th May 1701

[Footnote 2: His first figure, as quoted by Bellomont in doc. no. 77, was L30,000.]

_89. Captain Kid's Farewel to the Seas; or, the Famous Pirate's Lament. 1701._[1]

[Footnote 1: Of this ballad, contemporary with Kidd's execution, there is a unique copy in the famous collection of pamphlets belonging to the Earl of Crawford, from which it is reprinted in Professor Firth's _Naval Songs and Ballads_, pp. 134-37, published by the Navy Records Society. By oral transmission it had wide currency in New England. There are bits of it in Palfrey, _New England_, IV. 185, and in Watson's _Annals of Philadelphia_, ed. 1830, p. 464; and the editor remembers hearing his Salem grandmother sing parts of it. Professor George L. Kittredge says that the Harvard College Library has a broadside of this American version, printed in Boston about 1810-1820, which, with some differences in the order of stanzas, is printed in Dr. E.E. Hale's _New England History in Ballads_, pp. 40-46. The original version, which we print, purports to be written between sentence and execution, May 9-23, 1701, and follows closely the chief incidents brought out in the trials, and in the documents which precede.]

To the Tune of _Coming down_.

My name is Captain Kid, who has sail' [who has sail'd], My name is Captain Kid, who has sail'd; My name is Captain Kid. What the laws did still forbid Unluckily I did while I sail'd [while I sailed, etc.].

Upon the ocean wide, when I sail'd, etc., Upon the ocean wide, when I sail'd, Upon the ocean wide I robbed on every side, With most ambitious pride, when I sail'd.

My faults I will display while I sail'd, etc., My faults I will display while I sail'd; My faults I will display, Committed day by day [_A line lost._]

Many long leagues from shore when I sail'd, etc., Many long leagues from shore when I sail'd, Many long leagues from shore I murdered William More, And laid him in his gore, when I sail'd,

Because a word he spoke when I sail'd, etc., Because a word he spoke when I sail'd, Because a word he spoke, I with a bucket broke His scull at one sad stroke, while I sail'd.[2]

I struck with a good will when I sail'd, etc., I struck with a good will when I sail'd; I struck with a good will, And did a gunner kill As being cruel still when I sail'd.

A Quida merchant[3] then while I sail'd, etc., A Quida merchant then while I sail'd, A Quida merchant then I robbed of hundreds ten, Assisted by my men, while I sailed.

A banker's ship of France,[4] while I sailed, etc., A banker's ship of France, while I sailed, A banker's ship of France Before us did advance: I seized her by chance, while I sailed.

Full fourteen ships I see when I sailed, etc., Full fourteen ships I see when I sailed; Full fourteen ships I see, Merchants of high degree; They were too hard for me when I sailed.[5]

We steered from sound to sound while we sailed, We steered from sound to sound while we sailed; We steered from sound to sound, A Moorish ship we found; Her men we stript and bound while we sailed.

Upon the ocean seas while we sailed, etc., Upon the ocean seas while we sailed, Upon the ocean seas A warlike Portuguese In sport did us displease, while we sailed.

At famous Malabar when we sailed, etc., At famous Malabar when we sailed, At famous Malabar We went ashore, each tar, And robbed the natives there, when we sailed.

Then after this we chased, while we sailed, Then after this we chased, while we sailed, Then after this we chased A rich Armenian, graced With wealth, which we embraced, while we sailed.

Many Moorish ships we took while we sailed, Many Moorish ships we took while we sailed, Many Moorish ships we took; We did still for plunder look; All conscience we forsook while we sailed.

I, Captain Cullifoord, while I sailed, etc., I, Captain Cullifoord, while I sailed, I, Captain Cullifoord, Did many merchants board, Which did much wealth afford, while we sailed.

Two hundred bars of gold, while we sail'd, etc., Two hundred bars of gold, while we sailed, Two hundred bars of gold And rix dollars manifold We seized uncontrolled, while we sailed.

_St. John_, a ship of fame,[6] when we sailed, etc., _St. John_, a ship of fame, when we sailed, _St. John_, a ship of fame, We plundered when she came, With more that I could name, when we sailed.

We taken was at last, and must die, etc., We taken was at last, and must die; We taken were at last, And into prison cast: Now, sentence being past, we must die.

Tho' we have reigned awhile we must die, etc., Tho' we have reigned awhile we must die; Tho' we have reigned awhile, While fortune seemed to smile, Now on the British Isle we must die.

Farewel the ocean main, we must die, etc., Farewel the ocean main, we must die; Farewel the ocean main: The coast of France or Spain We ne'er shall see again; we must die.

From Newgate now in carts we must go, etc., [From Newgate now in carts we must goe;] From Newgate now in carts, With sad and heavy hearts, To have our due deserts we must go.

Some thousands they will flock when we die, Some thousands they will flock when we die, Some thousands they will flock To Execution Dock, Where we must stand the shock and must die.

[Footnote 2: See doc. no. 87, note 3. Captain Kidd, says the record of the trial (_State Trials_, V. 290), called Moore "a lousy dog". "Says William Moore, 'If I am a lousy dog, you have made me so; you have brought me to ruin, and many more'. Upon his saying this, says Captain Kid, 'Have I ruined you, ye dog?' and took a bucket bound with iron hoops and struck him on the right side of the head, of which he died next day."]

[Footnote 3: See document 76, note 9.]

[Footnote 4: _I.e._, a French fishing ship, bound to the banks of Newfoundland. See the second paragraph of doc. no. 76, Kidd's statement.]

[Footnote 5: The reference is to Kidd's projected, but abandoned, attack on the "Mocha fleet" at Babs Key, near the mouth of the Red Sea.]

[Footnote 6: This ship I do not identify; the name is perhaps due to misunderstanding of a passage in the trials.]

THE _FIDELIA_.

_90. Examination of William Sims. October 22, 1699._[1]

[Footnote 1: Suffolk Court Files, Boston, no. 4682, paper 3. The case is not precisely one of piracy, though piracy was at first suspected, but rather of the receipt of piratical goods. Bellomont writes to the Board of Trade, Oct. 24, 1699 (_Cal. St. P. Col._, 1699, p. 486), that he had lately seized at Boston a ship and some East India goods; that the officers of the custom house were not nimble enough or they had got all the goods, worth above L2000; that that which first gave him a "jealousy" of the ship was the fact that the master, William Sims, a man formerly burnt in the hand for stealing, had gone forth a poor man and come back master and half owner of a ship. The ship was seized, condemned, and sold for the crown, and Sims committed to jail. He had sailed as master of a sloop to Curacao, and thence to Crab Island (Vieques, see doc. no. 72, note 5). _Ibid._, 499. Bellomont suspected that what he found there in August had been derived from Kidd in May.]

Suffolk SS. BOSTON, October 22, 1699 nine a clock at night:

The Examination of William Syms of Boston, Marriner, Master of the Ship _Fidelia_, as followeth, Vizt.

The Examinant saith That sometime in the month of August last past, he being at Crabb Island in the West Indies, where was lying the sd Ship _Fidelia_, one Tempest Rogers then Master of her,[2] of whome this Examinant and John Brett of Antigua Merchant (then at the aforesd Island) bought the sd Ship, and the Examinant was Ships' Master of her, and after their buying of the sd Ship, the sd Rogers tooke out of the sd Ship seaveral Bayles of Goods to the number of about twenty and laded them upon the Sloop which he had of the Examin't in part payment for the Ship, and left several bayles on board the Ship wch this Examinant Supposeth the said Mr. Brett bought of him: said Rogers declared that he came from the Coast of Guinea, saying also that he had been at Madagascar, and the Examinant saw the sd Rogers Sell several Bayles of Goods at Crabb Island to several Merchants that came thither: which Bayles were opened and contained Silke Muslins and other Muslins, Callico's and other East India Goods, and sd Rogers said he had remitted home to his owners the value of Twenty seven Thousand pounds in money by good bills of Exchange. and after the Examin't left Crabb Island with his Ship he Stopt at Portreico,[3] tooke in some Ballast and Provisions and came directly for New England, Mr. Brett aforesd, his Merchant and part owner, being on board, and when they came into the Massachusetts Bay as high as the Gurnett[4] off Plymouth, they spoke to a Sloop that was then fishing in the Bay to come onboard, and sd Brett treated with the sd Sloopmen, and the Bayles then on board the sd Ship to the number of Fourteen or Fifteen, containing (as the Examinant supposeth) East India Goods, were put out of the Ship into the sd Sloop, and the Examinant and sd Brett also went onboard of her leaving the Ship in charge with James Williams the Mate, and came up to Boston in the Sloop bringing in her the aforementioned Bayles, and arrived there on a Monday night about the latter end of September last past about Eight aclock in the Evening, at the Wharffe on the backside of the Queen's head Inn, and the Examinant went with sd Brett into the aforesaid Inn to procure a Lodging for him and then went directly home to his own house; Saith he knows not when or where the sd Bayles were put on shore nor how disposed of, he signed no Bills of Ladeing nor receipt for them: And Saith he knows neither the Sloop nor men which brought them up; Supposeth it to be a Sloop belonging to some Country Town lying on the Sea Coast. Further the Examinant saith that the sd Brett was not willing to have come with the sd Ship to New England but would have gone to Carolina or East Jersey.

WILLIAM SIMS

Capt. Cor. ISA. ADDINGTON, J.Pc.

[Marginal note] the sd Bayles were about three foot and a halfe long, about a foot and a halfe over and something more than a foot deep, each of them.

[Footnote 2: She had cleared from London in November, 1697, for Madagascar (testimony of Edward Davis, her boatswain, who on arrival there in July, 1698, joined himself to Kidd, and came home with him, _Commons Journal_, XIII. 28). After selling the _Fidelia_ and her goods, alleged to be largely Kidd's, Capt. Tempest Rogers settled at St. Thomas, where, says Richard Oglethorp (_Cal. St. P. Col._, 1706-1708, p. 24), "any piratt for a smale matter of money may bee naterlized Deane"; there he became "a sworn Deane", removed to St. Eustatius (Dutch), engaged in the contraband trade which these neutral islands maintained during the war between Great Britain and France, and finally died among the French--_ubi bene, ibi patria_.]

[Footnote 3: Puerto Rico.]

[Footnote 4: The Gurnet is the north point of the entrance to Plymouth harbor.]

_LA PAIX._

_91. Orders of Governor Nicholson to County Officers. April 28, 1700._[1]

[Footnote 1: Oxford, Bodleian Library, MS. Rawlinson C. 933, fol. 8; also in P.R.O., C.O. 5:1311, no. 16. The piracies of _La Paix_, inside the capes of Virginia, show how bold the pirates had become, between wars, and the story of her capture how real the danger. She was a Dutch ship, which, seized by pirates, had run quite a career of depredation in the West Indies before she and her consorts appeared in Lynnhaven Bay. Her whole story is told in Bruce, _Institutional History of Virginia_, II. 217-226, and there the history of her capture may be followed consecutively, but the documents here presented show vividly how the news of her villanies and of her fate came to the authorities. The trial of the pirates is in C.O. 5:1411, Public Record Office (transcript in the Library of Congress). Col. Francis Nicholson was now governing Virginia for the second time, 1698-1705. Being himself in Elizabeth City County, he addresses these orders to the commanders of the militia in York, the next county. Gloucester, Middlesex, Lancaster, Northumberland, and Westmoreland, named below, were, in succession, the maritime counties lying to the northward.]

Virginia SS.

KIQUOTAN[2] Aprill 28th 1700 between 3 and 4 a Clock in the afternoon.

[Footnote 2: Hampton.]

Capt. John Aldred, Commander of his Maj'tes Ship _Essex Prize_,[3] hath just now given me an Account that there are 3 or 4 Ships or vessels in Lynhaven-bay,[4] who are supposed to be pyrates. I doe therefore in his Maj'tes Name command you that upon Sight hereof you give Notice to the Commanders of the Ships and vessels in York River that they take care of their Ships and vessels, and that you do Imediately Order the Militia in your parts to be ready, and you must fortwith dispatch an Express to the Colo. and Chief Officers of the Militia of Gloster, whom I also hereby Command in his Maj'tes Name to have their Militia ready, and they are forthwith to dispatch an Express to the Colo. or chief officers of Middlesex, whom I doe also in his Maj'tes Name Command to have their Militia ready, and they are to give Notice to the Commanders of ships and vessells in Rappahannock, that they may take care of their ships and vessels, and the officers of Middlesex are imediatly to send an Express to the Colo. and Chief officers of Lancaster, whom I do also in his Maj'tes Name command to have their Militia ready, and if any Ship or vessel be in their County, to give them Notice that they may take care of their ships and vessels, and the oficers of Lancaster are forthwith to send an Express to the Collo. or Chief officers of the Militia of Northumberland, whom I do also in his Maj'tes Name Command to have their Militia ready, and they are to give Notice to the Commanders of ships or vessels in their County that they take care of their ships and vessels, and the Colonel or Chief officers of Northumberland are imediatly to send an Express to the Colo. or Chief Officers of the Militia of Westmoreland, whom I doe also in his Maj'tes Name command to have their Militia ready, and if any Ship or vessel be in their County to give the Commanders Notice that they may take Care of their Ships and vessels. The Colonel or Chief officers of Northumberland I doe hereby Impower in his Maj'tes Name forthwith to press a good boat and able men and send an account to any of his Maj'tes officers either Military or Civill in his Maj'tes Province of Maryland, of these 3 or 4 ships or vessels being in Lynhaven bay, and that they are desired imediately to Dispatch an Express to his Excell'y Nathaniel Blakiston, Esqr., his Maj'tes Capt. Gen'll and Governor in Chief and Vice Admiral of his Maj'tes Province of Maryland. And I do in his Maj'tes Name Command all officers both Millitary and Civil to Obey and follow these my Commands, and all his Maj'tes Loveing Subjects are hereby required to pay all due Obedience to these my Commands and to be Aiding and Assisting what in them lyes to their officers both millitary and Civill, and I do further hereby command all officers both millitary and Civill, and all other his Maj'tes Loveing Subjects, Strictly to observe and put in Execution an Act Passed last Session of Assembly against Pyrates and privateers.[5] And I doe hereby promise to any person or persons who shall take or kill any Pyrate that shall belong to Either of these 3 or 4 ships or vessells now in Lyn haven bay, a reward of twenty pound sterling for Each pyrate that they shall either take or kill, And lastly I do in his Maj'tes Name Command all officers both Military and Civill and all his Maj'tes Loveing Subjects of this his Maj'tes most ancient and great Colony and Dominion of virginia, that they will give all Due Obedience and follow all these my Commands as they will answer the Contrary at their utmost perills. Given under my hand and lesser Seal at Arms the Day and year above written, in the twelfth year of the Reign of our Sovereign Lord William the third, by the grace of God of England, Scotland, France, and Ireland King, Defender of the faith, etc.

[Footnote 3: A guardship of the royal navy was in these days kept in Virginian waters. At the moment, it happened, there were two, the _Essex Prize_, 16 guns, which had been there since the spring of 1698 and was now about to return to England, and the _Shoreham_, Capt. William Passenger, a larger vessel which was to take her place, and which had arrived Apr. 10, 1700. The _Essex Prize_ was careened at the moment, and not available; Beverley, _History of Virginia_, p. 94.]

[Footnote 4: A roadstead on the south side of the Chesapeake, between Cape Henry and Willoughby Spit.]

[Footnote 5: The act is in Hening, _Statutes at Large of Virginia_, III. 176-179, passed in May, 1699. It had been superseded by the act 11 and 12 Will. III. c. 7, passed in the session of Parliament just ended, that of Nov. 16, 1699-Apr. 11, 1700, but that fact would not yet be known in Virginia. On Apr. 28, 1699, the Virginia council had issued a proclamation against pirates, which is printed in the _Virginia Magazine of History_, VIII. 191.]

To Lieut Collo. Thomas Ballard or Majr. William Buckner at York Town

who are to take a Copy hereof, and Dispatch it as Directed and Each Colonel or Chief officer is also to take a Copy hereof and dispatch it as Directed. Lieut. Collo. Thomas Ballard and Major Wm. Buckner are to send an Express to the Hon'ble Col. Edmd. Jenings, with a Copy of this, and they are likewise to send a Copy of this to Collo. Philip Ludwell, who is in his Maj'tes Name Commanded to have the Militia of James City ready by this Order of

KIQUOTAN, Ap'll 28th 1700

Whereas this Day I have received Informacion that there is three or four ships or vessels now riding at anchor in Lynhaven bay, suspected to be Pyrates or Privateers,

These are therefore in his Maj'tes Name to will and require you on Sight hereof to give Notice to all officers and Souldiers under your Comand to be in readiness with their Armes and amunition at one houres Warning as you Shall receive further Orders. given under my hand and Lesser Seal at Armes the Day and Year above written.

To Lieut. Collo. Miles Cary, Comander in Chief of his Maj'tes Militia in Warwick County.[6]...

FR. NICHOLSON.

[Footnote 6: Warwick and James City lay westward, up the James River. A series of directions like those sent northward was also sent southward, to Norfolk, Princess Anne, Nansemond, and Isle of Wight.]

_92. Deposition of William Fletcher. May 2, 1700._[1]

[Footnote 1: Bodleian Library, MS. Rawlinson C. 933, f. 12. An enclosure in no. 93.]

The Deposition of William Fletcher, Master of the ship _Barbadoes merchant_ of Leverpoole, Sworne the Second Day of May 1700, Saith

That about 30 Leagues from the Capes upon the 23th Day of Aprill A pink[2] of about 100 tons bound from Barbadoes to virginia, no great guns, and between 50 or 60 men, most french and Dutch and some Irish men[3] lately taken by Pyrates, Seized his ship, rifled her, and barberously used him and a Merchant belonging to him, by whom they had accot. that the Cheif Pirate[4] was about 24 Guns and about 140 Tons, and another about the same burthen but what force he could not learn, and a Sloope of Six Guns: in all 4 pirates. Designing to get some good Ships and more Company as they Could, [they favored (?)] this Deponant and used much kindness to his men and persuaded them to goe with them, which when they refused the Pirates used them Cruelly, cut away all his Masts, Sailes and Rigging and bolespritt,[5] and threw all over Board, tooke all their Candles, broke their Compases, and Disabled them soe as they Supposed the ship would perish and never give Intelligence: and all 4 of the Pirates would pass by them and in a way of Deriding ask why they Cut away their Masts, and soe left them, Supposeing they had left them nothing to help themselves, for they threw over Board a Spare topmast which lay upon the Deck, but by providence their foremast and Sailes and Rigging thereof hung by their Side unknown to the Pirates, wherewith they fitted Jewry Masts[6] and found a Compass under some old Oakcum, with which on Sunday night the 28th Day of Aprill they got into the Capes and are now in Accomack:[7] but took away all Letters, Papers, Bookes, Certificates and Cocquits,[8] and would not leave any manner of writings, soe as they have no thing to Shew, tooke away his Carpenter, and another man, and took away his Long boat, and Complained for want of Powder and tobacco, and beat this Depont. after they had Stript him, that if an Irishmen had not Interceeded he beleves they would have kild him with the flat of their Curtle-axes,[9] the Cruelty being used to them by french men, and saw no Englishmen, all which and much more barbarity this Depont. affirmeth to be truth

WM. FLETCHER.

Sworn the second Day of May 1700 before Cha. Scarburgh.

[Footnote 2: A pink was a vessel having a narrow stern, bulging sides, and a flattish bottom.]

[Footnote 3: The crew of _La Paix_ is reported in the trial to comprise three Dutchmen, one Swede, one Norwegian, one Englishman, the rest French or from the French islands.]

[Footnote 4: _La Paix._]

[Footnote 5: Bowsprit.]

[Footnote 6: A jury-mast is a temporary mast set up as a substitute.]

[Footnote 7: On the Eastern Shore of Virginia, across the Chesapeake.]

[Footnote 8: A ship's cocket was a custom-house certificate that the merchandise had been duly entered and had paid duty.]

[Footnote 9: A perversion of "cutlasses".]

_93. Charles Scarburgh to Governor Nicholson. May 3, 1700._[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 271, f. 48. Col. Charles Scarburgh or Scarborough was the chief magnate of the Eastern Shore, and a member of the governor's council.]

_Excellent Sir_

I have Enclosed sent you the Deposition of Wm. Fletcher, which I suppose may be a more particular accot. then any your Excell'y may receive. he ad's that the Pirates boasted much of their great strength by sea, and that there were sufficient of them to repell any force that would be sent against them, and used many enticements to perswade his men to goe with them: and I Doubt it will be impossible to secure the Navigation to and from this Country, and stop their Piraticall Invations, without a greater force. Capt. Fletcher haveing lost his Certificate, Cocquetts, and Register, cannot be entered and suffered to Load without your Excellys order. the ship hath used this Place many Years: and this Master in her last Year produced his Certificates, Cocquets, and Register, all which are in my booke of Entryes:[2] he hath the same Owners and [as?] the ships here. his Townsmen will refitt him and hath his Loading and Tobacco ready: and it would be severe if his misfortune should Doubly injure him. besides it would prejudice his Majestys revenue to forbid him to Load, therefore suppose if he gives Security to unload in England he may be permitted to trade: if your Excellency think fitt. I lay wind bound and [at (?)] Mr. Mekennies at Elizabeth River, and on Sunday last afternoon we saw a ship come in: and imediatly the _Shoreham_ loosed and went to turn out of the River, when we Crossing over to Castle point[3] Mr. Makennie spoke with Capt. Passenger, who told him a Pirat had pursued that ship and taken others and desired we would not adventure into the Bay but lye at the Poynt. next morning early we saw Cap. Passenger on the back of the horshooe,[4] standing Down towards 3 ships in Lyn haven bay, who when he came up with them fired upon him, and the Pyrate imediately gott to sail and stood directly with Capt. Passenger, who got the weather gage, and Imediatly followed as sharp a Dispute as (I thinke) could be betwixt two ships, of which we were full spectators Dureing the whole engagement: and in my Judgment Capt. Passenger behaved himself with much Courage and good Conduct, haveing to Deal with an Enemy under a Desperate choice of killing or hanging, and I believe few men in their circumstances but would elect the first. the Conflict briskly maintained from soon after sunrise untill about 4 afternoon. on thursday May the second Fletcher gott in here and gave the inclosed accot.,[5] which I beleive much Imports his Maj'tes service and Interest, least thinking the Pirate aforesaid might be all, security would Endanger many ships. Fletcher further saies these are not of them who tooke Burgis last Year but others, and perhaps more may come upon the same accot. as these doe. I suppose your Excelly will think fitt to lay on a Gen'll Embargoe untill some Assureance that the Coast is Clear: and believe York River will be more Convenient then James River, in Regard ships must goe to the Cape to Clear the horshooe before they can gett into James River, and soe may be Endangered. I wait your Excellys Order and Directions and withall to favour me with a true relation of the success of the

## Action betwixt Capt. Passenger and the Pirate:[6] I humbly take leave

to subscribe Right Excellent

Your Excellencies Faithful and most Obliged servant

CHA. SCARBURGH.

May 3d 1700

[Footnote 2: Colonel Scarborough was also collector of customs in his district.]

[Footnote 3: Old Point Comfort? It is just possible that "Mr. Mekennie", p. 264, or "Mr. Makennie", here, may mean the celebrated pioneer of Presbyterianism, Rev. Francis Makemie, who is sometimes said to have lived in Lynnhaven parish before settling down in Accomac, on the Eastern Shore.]

[Footnote 4: The Horseshoe is a sandy shoal running from the shore north of Old Point Comfort eastwardly toward the channel between Cape Charles and Cape Henry.]

[Footnote 5: Doc. no. 92.]

[Footnote 6: For Captain Passenger's own account, see _Cal. St. P. Col._, 1700, p. 311. Governor Nicholson accompanied him in person, aboard the _Shoreham_. During most of the fight the two ships were within pistol-shot of each other. Finally the pirate, with all masts and sails shattered, drifted aground. Then, having laid a train to thirty barrels of gunpowder, he threatened to blow the ship up, and the governor, to save the lives of the forty or fifty English prisoners, gave quarter, promising to refer the pirates to the king's mercy if they should surrender quietly. So 111 of them were sent to England in the _Essex Prize_ and the fleet of merchantmen convoyed by her, June 9. The trial was of three who were brought in without having been included in the surrender. It was held, in accordance with the Virginian act, by a commission of oyer and terminer, appointed by the governor. All three of them were hanged, although "One of them, Cornelius Frank, said, Must I be hanged that can speake all Languages"? Another curious passage in the trial deserves to be quoted: "_Mr. Atty. Gen._ Did the Pyrates talk of blowing their Shipp up? _Ed. Ashfeild._ Yes, they did, and went to prayers upon it." Nor less the picture, in the evidence of either this or an adjoining trial, of the pirate captain "with a gold chain around his neck, and a gold Tooth-picker hanging from it"--_nouveau riche_!]

_94. John and Adam Thorowgood to Captain Passenger. May 3, 1700._[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 89. An enclosure in doc. no. 95. The Thorowgoods were substantial planters of Princess Anne County, dwelling near Lynnhaven Bay.]

_Sir_

This Day 7 men which had been taken by a Pirate in a Pink without any great Guns, only small Armes, and very litle Ammunition, came on shore and informed us this News, which we thought convenient to Inform you, that you may act according as the Necessity requires. Also Adam Hayes, a man who lives on the Sea side, Informes us, he Yesterday saw a Pink and Brigantine rideing at Anchor in sight of his house, 8 or 10 miles to the soward of Cape Henry. the Brigantine he suppose came out of the Capes. about 3 of the Clock in the afternoon he saw a boat goe from on board the Brigantine, to the Pink. after that two boats were Passing and repassing from one vessel to the other till near night, at which time the Pink weighed and stood of to sea. the Brigantine remained there till within Night, but this morning Neither of them to be seen. The abovesaid 7 men informed us the Pink which took them hath but 16 men which belonged to the Pyrate and 9 Prisoners. they say she belonged (before taken) to Biddeford[2] and is an Extraordinary good sailer. they also tell us they were put into a Boat and turned a Drift, they think because they were to many to be kept on board, being then 16 men Prisoners, and now as abovesaid but 9. likewise on tuesday last they tooke a Bristol man and Cut down their Masts and Boltspritte and left them as a wreck in the sea, as also another they tooke and Cut a hole in her bottom and let her sink in the sea, and that they were Ordered by the Pyrate You took last munday[3] to Cruise in the Lattitude of the Capes till they came out to them. Sir, this is all we think materiall at present to be Informed you by

Your Humble servants

JNO. THOROWGOOD, sher.[4] ADAM THORWGOOD

PRINCESS ANN COUNTY the 3d of May being Fryday, 1700.

[Footnote 2: In Devonshire, England.]

[Footnote 3: April 29. _La Paix_, Capt. Louis Guittar.]

[Footnote 4: Sheriff. Adam was sheriff the next year.]

_95. Benjamin Harrison, jr., to Governor Nicholson. May 4, 1700._[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 89 b. Benjamin Harrison, jr. ("Benjamin Harrison of Berkeley") was the son of a member of the council ("Benjamin Harrison of Surry") and was himself attorney-general of the colony. He was great-grandfather of President William Henry Harrison.]

_May it Please your Excell'y_,

Last night about six of the Clock the inclosed letter[2] came to Capn. Passengers hand whilest we were on board, and he desired me to transmitt it to your Excelly. he had not time to write wee being Just comeing away, and much Company with him. About the same time came in from sea the Brigantine mencioned in the inclosed letter, and the Master of gives a relacion pretty agreable to the letter in everything only he sayes there were about 50 men on board the Pinke when he was taken, so that 'tis Probable they will lye there, to watch for other ships. as far as I can understand by this Master the litle ship mencioned in the letter to be sunk was wheeler, who brought the Brandy and wine into York River; I am

your Excellys

most Obliged Humble serv't

B. HARRISON Jnr

WILLIAMS BURGH, May 4, 1700, 10 at Night.

[Footnote 2: Doc. no. 94.]

_96. Governor Nicholson to Captain Passenger. May 4, 1700._[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 90.]

JAMES TOWN, May 4, 1700,[2] about Eleven a Clock at Night.

[Footnote 2: The seat of government had just been removed from Jamestown to the new capital, Williamsburg.]

_Capt. Wm. Passenger_

_Sir_,

Just now I received a letter from my friend Mr. Benja. Harrison, with an inclosed one to you from the two Mr. Thorowgoods, a Copy of which I here send you.[3] if his Maj'tes ship the _shoreham_ under your Command be at present capable of goeing to sea to look after the Pirates in the Pink, etc., I would have you doe it as soon as, God willing, wind and weather permitts: but if the _shoreham_ be not in a sailing Condicion, then you may, if you think Convenient, sent your boat or boats to looke after the said Pyrates, in order Either to take or burn the said Pink. And I do hereby Authorize and impower you to stop all ships and vessells from goeing out of the Capes, and Order them up to Kiquetan.

[Footnote 3: Docs. no. 94 and no. 95.]

If you cannot be here your Selfe Either on Monday or tuesday yet I would have Capt. John Aldred, Commander of his Maj'tes Ship the _Essex Prize_, be here; in the Interim remain

Your most affectionate Friend

If you conceive it proper, You may send the Prize which you have taken either to take, sinke, or burn the Pink on board which are the Pyrates. In Order thereunto You may Put what men and Guns on board, You think Necessary.

I hope you have secured for his Maj'tes Service the seamen which belong to Capt. Harrison, etc., and you will do the like by those, which Mr. Thorowgood sayes come on shore. And for so Doeing these things, this shall be your sufficient Warrant and Authority. given under my hand the Day and Year above written.

_97. William Wilson to Governor Nicholson. May 5, 1700._[1]

[Footnote 1: Bodleian Library, MS. Rawlinson C. 933, f. 10. Col. Wilson was a justice of the peace for Elizabeth City County.]

_May it please your Excelly_

I have here enclosed a few lines[2] Concerning a Brigantine that sailed out of the Capes last wednesday.[3] it should been sent you before this. I had it this Day from Capt. Cole at Church. If the Capt. had sent the Master on shore (who had no boat of his owne) or a line to me about it, Your Excellency had sooner Notice.

[Footnote 2: Doc. no. 98.]

[Footnote 3: May 1.]

The french Prisoners are equally Divided amongst the three Capts., who have them under Guard. the wounded men att John Smiths died last Night. Suppose this Pink is that that was taken a coming from Barbadoes, and the longer he lyes the more harme he do and gather more strength, which is all that offers from

Your Excellys humble servt. to Command

WM. WILSON.

I did designe to have sent this by an Express, but there came one from your Excell'y with a Letter to Capt. Passenger.

_98. Captain Michael Cole to William Wilson. May 5, 1700._[1]

[Footnote 1: Bodleian Library, _ibid._ Capt. Michael Cole was master of the _Friends' Adventure_; he had come into James River on his way from South Carolina to London.]

KIQUOTAN

Satterday morning being aboard the man of Warr _Shoreham_ there found the Master of Brigantine which came in here the Evening before, who sayes that on thursday morning last he was taken by the Pyrates about 2 leagues Southward the Cape Henry, in a Pink, who tooke from him his Sailes, Masts, and provisions, and all his Necessaries and Cut of[f] the head of his Rudder as low down as they Could, to disable him of getting in. his fore Yard they also tooke from him. he likewise sayes that they spoke some English aboard and that they are about 40 or 50 strong besides the Prisoners, but they would not suffer him to Speake to any of them, but was threatned to be Shot for Speaking only to one and asked (and that softly) what are you, who answered, I am a Carpenter who belonged to a vessell of about 110 Tons loaded in York River which they sunk. when they left him they stood NE. and believes they Intend of the Coast as soone as they meet a vessell which they have an Accot. of, Dayly Expected here from Guinea.

MICH'LL COLE.

May 5, 1700.

_99. Libel by Captain William Passenger. May 11, 1700._[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 91. A libel, in admiralty law, is a plaintiff's or claimant's document containing his allegations and instituting a suit--in this instance a prize suit.]

Virga. ss. Att the Court of Admiralty held at Hampton Town on Saturday the 11th day of May in the 12th year of the Reign of our Sovereign Lord William the third, of England, Scotland, France and Ireland King, Defender of the faith, etc., annoq Domini 1700,

Before the Hono'ble Edward Hill, Esqr., Judge of the sd Court,[2] came Capt. William Passenger, Commander of his Maj'tes ship the _shoreham_, and Exhibited the following Libel in these Words

[Footnote 2: A court of vice-admiralty was first erected in Virginia in 1698, and Hill was the first judge appointed. He was commissioned (Mar. 8, 1698) by Governor Andros, by virtue of the latter's commission (June 26, 1697) from the High Court of Admiralty in England; so say the Virginia council, in _Va. Mag. Hist._, XXII. 245, but the record of this latter commission in London dates it Apr. 29. Am. Hist. Assoc., _Annual Report_, 1911, I. 518.]

Virg'a. ss. May the 11th in the 12th year of his Maj'tes Reign, Annoq Domini 1700.

To the Hon'ble Court of Admiralty:

William Passenger, Commander of his Majestyes ship the _shoreham_, as well for and in behalf of his Majesty as for and in behalfe of himself, officers and Company on Board the said ship,

Humbly gives this Court to understand and be Informed that on the 29th Day of Aprill last Past, in his Maj'tyes said ship the _Shoreham_, within the Cape of Virga: he engaged, fought and tooke a Company of Pirates or sea Robbers which were in a ship called the _Peace_, of about two hundred tons Burthen, Mounted with twenty Gunns, which said Company of Pyrates or sea Robbers in the aforesaid ship for severall dayes before their being soe taken did in an Open, Warlike, Hostile, and Piraticall manner Assault, Attack, Fight, take, Robb, Burn, and spoile severall Merchant ships belonging to the subjects of our sovereign Lord the King (Vizt.)

A Pinke Called the _Baltimore_, John Loveday Master, A Sloope Called the _George_, Joseph Forest Master, A Ship Called the _Pensylvania Merchant_, Samuell Harrison Master, A Ship Called the _Indyan King_, Edward Whitaker Master, A Ship Called the _Nicholson_, Robert Lurting Master, who in a Peaceable and Lawfull manner were comeing into and goeing out of the aforesaid Cape of Virga. with their severall Goods and Merchandizes, etc. And also the aforesaid Company of Pyrates or sea Robbers, in the aforesaid ship, at and upon the aforesaid time and Place, in a Hostile and Warlike manner, did fight his Maj'tes said ship the _shoreham_, but they being overcome and taken as aforesaid the aforesaid William Passenger, in behalfe as aforesaid, prays Condemnation of the aforesaid Pirats ship Called the _Peace_, with all her Gunns, Ammunition, tackle, furniture, and apparell, to be devided and Proportioned according to the Rules and Orders of the sea, in such Cases made and provided, etc.

W. PASSENGER.

_100. Deposition of William Woolgar and Others. [June 11, 1700.]_[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 271, f. 40.]

Virginia sct.

William Woolgar, Peter Shaw, Francis Warrell and Joshua Atkinson Examined and Sworne say

That on or about the 28th April in the year of our Lord God One Thousand seaven hundred, being sailers on board the _Indian King_ bound for London, about three or four Leagues from Cape Henry they were attack'd and taken by a french Pirate of twenty Gunns by some called _La Paix_, who Comanded the Master of the said _Indian King_ on Board the Pirate, who upon the same hoisted out his Yaul and went a board them with 4 of his men, upon which severall of the Pirates came on board the _Indian King_ with the aforesaid Yaul and return'd her on board the Pirate with the mate, Doctor and sundry Passengers of the shipp aforesaid. the said Deponants further say that the Pirate aforesaid, with their shipp and another small ship taken by them, came into Lyn haven, where they Attack'd and took another Shipp, whose Comander they have since understood to be called Robert Lurten, and came all to an anchor in Lyn haven bay, where they plundred the said _Indian King_ of some of her provisions and rigging with other things. And that on the 29th in the morning their came out of James River his Maj'tys Shipp the _Shorham_, which Engaged the said Pirate about 7 a Clock in the morning and forced them to surrender about 4 or 5 a Clock in the afternoon, there being two of the said Depon'ts (to witt) William Woolgar and Peter Shaw on board the _Shorham_ the most part of the Engagement. And further the said Deponants say not.

FRANCIS WARRELL. WM. WOOLGAR. JOSHUA ATKINSON. PETER SHAW.

Sworne to before the Court of Oyer and Terminer for Tryall of Pirates

Test, PETER BEVERLEY Cl. Arr.[2]

[Footnote 2: Clerk of arraignments.]

_101. Deposition of Joseph Man. [June 11, 1700.]_[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 271, f. 44b. Man, an able seaman, was afterward taken over to England to testify against the pirates, and was granted L60 by the Privy Council for his services in the fight, besides five months' pay promised him by Nicholson. _Acts P.C. Col._, II. 360.]

Virginia Sct.

Joseph Manns aged 30 yeares Examd: and Sworn saith

That on Sunday being the 28th day of April last past Capt. John Aldred, Comander of his Maj'tys Shipp the _Essex Prize_, came on Shoare to Collo. William Willson at Kyquotan and informed his Excellency Francis Nicholson, Esqr., his Maj'tys Lieut. and Governor Gen'll of Virginia, and Capt. Passenger, Comander of his Maj'tys Shipp the _Shorham_ Galley, in the hearing of this depon't, that he had been on board of a Pink and was there informed that there was a Pirate lay in Lyn haven bay and that she made her Escape from them, upon which information soe as aforesaid given Capt. Passenger immediatly went on board his Maj'tys shipp the _Shorham_ and got her under saile, designeing to goe downe in the night, and this depon't further saith that upon the aforesaid 28th day of April in the Evening his Excellency, accompaned with Capt. John Aldred, Peter Heyman, Esqr.,[2] and this depon't, went on board his Maj'ty's ship the _Shorham_. the next morning about six of the Clock wee came up with the Pirate (which this depon't since understands is called the _La Paix_, the Captaines name said to be Lewis Guittar). we threw abroad the Kings Jack, flagg and Ancient,[3] the Pirate hoisted up blood red Colloures and refused to submit, whereupon wee immediatly Engaged with them and Continued the fight till about four a Clock in the afternoone. Peter Heyman, Esqr., standing on the left hand of this depon't within a foot of him, made severall shots into the Pirates Shipp, and about one or two of the Clock was by a shott from the Pirates shipp unhappily slaine. about four in the afternoone the Pirate struck his bloody Collours and hoisted up a flagg of truce and then fired no more Gunns, whereupon Capt. Passenger Comanded a boat and hands to board the Pirate, who brought back with them about 124 Pirates Prisoners, and it was supposed there was about 25 or 30 kill'd in the fight and that about 40 or 50 English Prisoners were redeemed, whome the Pirate had taken. And this deponant Yet further saith that two of the Pirates men, being left on board the shipp called the _Nicholson_, Robt. Lurten Master, which was taken by the Pirates the 28th of April, were upon the coming up of his Maj'tys ship the _Shorham_ seized and brought on board us as prisoners, that this deponant was on board the _Shorham_ Galley all the time of the Engagement upon the quarter deck near to his Excellency, and saw all the Transactions, and further says not.

JOSEPH MAN.

Sworne to before the Court for tryall of Pirates Test, PETER BEVERLEY C. Arr. A true copy, C.C. THACKER C. Sec. Off.[4]

[Footnote 2: Heyman was collector of customs for the lower district of James River. Gov. Nicholson caused a tombstone to be set in commemoration of him, with a laudatory inscription which is printed in the _Southern Literary Messenger_, IX. 695.]

[Footnote 3: Ensign. See doc. no. 33, note 15.]

[Footnote 4: Clerk in the secretary's office. The name of Chicheley Corbin Thacker deserves a comment, for double Christian names were at that period very rare. "In forty-nine church registers out of fifty, throughout the length and breadth of England, there will not be found a single instance of a double Christian name previous to the year 1700." Bardsley, _Curiosities of Puritan Nomenclature_, p. 226.]

* * * * *

_102. Report of Dr. George Bramston. November 27, 1702._[1]

[Footnote 1: Public Record Office, Admiralty 1:3666, p. 162. The writer of this report, George Bramston, LL.D., was a notable practitioner of the civil law, and from 1702 to 1710 was master of Trinity Hall, Cambridge. His uncle writes of him in his autobiography, a few years before this, "George is doctor of law, ... fellow of Trinity Hall, and is admitted at the Commons, and lives there in some practice, but very good repute." _Autobiography of Sir John Bramston_, p. 29. To whom the report was nominally addressed is not clear, but it was intended indirectly for the enlightenment of Prince George of Denmark, consort of Queen Anne, whose wifely partiality had in May of this year raised him to the office of Lord High Admiral. As such, he nominally presided over the High Court of Admiralty; finding the need of having its activities supplemented by additional prize courts in the colonies, and instructed by this and similar reports, he on Dec. 7 applied for authority under the great seal to commission colonial governors (vice-admirals) to hold prize courts.]

DOCTORS COMMONS,[2] November 27th, 1702.

[Footnote 2: Doctors' Commons (see ch. VIII. of _Sketches by Boz_ and ch. XXV. of _David Copperfield_), near St. Paul's, was the headquarters of the doctors of the civil law and of the admiralty and other civil-law courts.]

_Sir_,

The matter in yours of the 18th instant being of a Nature That was little knowne to Me, It seemed proper to take longer time to consider thereof, than otherwise would have been decent, for the Information of His Royall Highness as to the Power of the Vice-Admiralls of the Forreigne Plantations.

I humbly conceive it plaine, That they can have no Authority to condemne Prizes, in their Commissions from the Lord Admirall,[3] for He has none in that Patent which constitutes Him Lord Admirall of England.

[Footnote 3: A typical commission of a vice-admiral (Barbados, 1667) may be seen in the _Publications_ of the Colonial Society of Massachusetts, II. 187-198.]

And you may please to call to mind, that the Power by which Ships are adjudged Prize, Proceeds from a Commission for that purpose

## particularly granted, under the Great Seale, to his Royall Highness.

And as to what may be most proper for the condemning of Prizes in those parts, I humbly conceive it cannot be Regularly done, but by an Authority grounded upon a Commission under the Broad Seale.

All which I humbly submitt with the Assurance That I am

Sir

Your must Humble Servant

GEO. BRAMSTON.

To be sent to Lord Nottingham[4] if it came from him.

[Footnote 4: The Earl of Nottingham was one of the two secretaries of state.]

PRIVATEERS AT MARTINIQUE.

_103. Letter to Boston News Letter. May 8, 1704._[1]

[Footnote 1: A specimen of news of privateering in Queen Anne's War from one of the earliest issues of our first established newspaper; from the _Boston News-Letter_ of May 15, 1704. That newspaper was founded by John Campbell, postmaster of Boston, son of Kidd's friend Duncan Campbell (see doc. no. 75). The first issue was for the week from Monday, April 17, to April 24, 1704. The text is taken from the file of the _News-Letter_ possessed by the Massachusetts Historical Society.]

NEW-YORK, May 8. On the 3d Arrived here a Sloop from St. Thomas, in whom Mr. John Vryling, who Sail'd the 23d Decemb. last from Boston, in the Ship _St. Jacob and Philip_, of whom was Owner and Merchant, Charles Farnam Master, bound for Barbadoes, and on the Sabbath following, lost her Mane and Misin Mast in a Storm, taken in sight of Barbadoes, and carried into Martinico, and says that 7 Weeks ago was a Prisoner at Martinico, that the Governour permitted him to go in a French Sloop bound for St. Thomas, That the French have taken 130 odd Vessels this War into Martinico, and when he left it there was 17 Privateers out.[2] The Ships lately taken and carried thither are, the _Venetian Merchant_, Captains, Alexander, the Ship _Virgin_, John Sherwood, _Brintania_ William Bartrum, Darvar of Bidiford, Richard Barton of Liverpool, Henry Punsunby of Dublin, John Reading of Barbadoes, belonging to Boston, Twisden a Brigantine, Chadwel another, Farnam a Ship, Andrews, Porter a Sloop. Nicholas Bradock, and Crute of Philadelphia, Peylton of Bermuda, Johnson of Maryland, a Sloop, Penley Master, Stephens a Ship of Boston taken into Guardiloop. after Mr. Vryling had been 14 days at St. Thomas, had advice from Martinico, 5 Brigantines carried in thither, on Board of one of which was Major Wheeler of Barbadoes[3] and several other Passengers, but what Ports bound to, or to whom the Brigantines belong'd, heard not. The Ship _Princess Anne_, bound from Barbadoes to London, being Leaky put into St. Thomas, there condemn'd as insufficient to go to Sea. Yesterday from Albany by information from our Indians acquainted, that the French of Canada are sending out 300 men to attack some parts of N. England. We have very rainy, dirty, and cold Weather for the Season, and so continues. We hear the Virginia Fleet Sails the last of this Month. Captain Davison hopes to Sail this Month.[4] The Wind and Weather hinders our Pensilvania Post coming in.

[Footnote 2: A letter written from Martinique a little later (June 27) by a captive colonel from St. Christopher's says, "We have had 163 vessels brought in here since the warr, ... there is about 30 privateers now belonging here, so that it's almost impossible for a vessel to pass to or from the Islands without a good convoy, and then they take some from them". He encloses a petition from some 300 British prisoners, "some whereof have been here 16 months in close prison". _Cal. St. P. Col._, 1704-1705, p. 184.]

[Footnote 3: Lately a member of the council of that island.]

[Footnote 4: Capt. John Davison, in the _Eagle_ galley, had arrived at New York on Mar. 13, but had been long detained by disputes between the governor, Lord Cornbury, and the collector of the port over questions concerning the legal status of its cargo. _N.Y. Col. Docs._, IV. 1105-1110, 1121.]

CASE OF JOHN QUELCH AND HIS FELLOW PIRATES.

_104. Account of their Execution. June 30, 1704._[1]

[Footnote 1: What is here reproduced, to show somewhat of the harrowing circumstances under which the pirate's career might end, is a very rare "extra" of the _Boston News-Letter_, found in the Massachusetts Historical Society's file of that newspaper. The case of Quelch and his associates is related in much detail by Mr. A.C. Goodell in the _Acts and Resolves of the Province of Massachusetts Bay_, VIII. 386-398, and in the _Publications_ of the Colonial Society of Massachusetts, III. 71-77. The pursuit of the pirates is described in Sewall's diary, with extracts from the _News-Letter_, in Mass. Hist. Soc., _Collections_, XLVI. 103-110. In August, 1703, the brigantine _Charles_, fitted out as a privateer to cruise against the French, was riding off Marblehead, with her captain lying too sick to take her to sea. The crew seized the ship, put it in command of Quelch, threw the captain overboard, and sailed for the coast of Brazil, where for some months they engaged in a profitable career of piracy at the expense of subjects of the King of Portugal, with whom England had just concluded a particularly close alliance. In May, 1704, they reappeared on the Massachusetts coast, landed, and dispersed, but were presently suspected, accused, proclaimed, and "rounded up", the main capture being made at the Isles of Shoals, by an armed force under Maj. Stephen Sewall, the diarist's brother. The trial, June 13, 16, 19-21, was the first held in New England under the act of Parliament 11 and 12 Will. III., ch. 7, which gave the crown authority to issue commissions for the trial of pirates by specially constituted courts, outside the realm of England. The governor, Joseph Dudley, presided. Mr. Goodell maintains that the trial was conducted illegally in important particulars. Of the six pirates named above, as executed on June 30, Lambert was a Salem man, Peterson apparently a Swede, Roach Irish, Quelch and the other two English. Judge Sewall records that "When the Scaffold was let to sink, there was such a Screech of the Women that my wife heard it sitting in our Entry next the Orchard, and was much surprised at it; yet the wind was sou-west. Our house is a full mile from the place." In 1835 the editor's grandfather saw the six pirates of the _Mexican_, almost the last of their profession, hanged at about the same spot. I find that Mr. Paine has printed this piece, in _Buried Treasure_, but I know no other that so well illustrates its particular aspect of our theme.]

An Account of the Behaviour and Last Dying Speeches Of the Six Pirates, that were Executed on Charles River, Boston side, on Fryday, June 30th, 1704. _Viz._, Capt. John Quelch, John Lambert, Christopher Scudamore, John Miller, Erasmus Peterson and Peter Roach.

The Ministers of the Town had used more than ordinary Endeavours, to Instruct the Prisoners, and bring them to Repentance. There were Sermons Preached in their hearing, Every day,[2] And Prayers daily made with them. And they were Catachised; and they had many occasional Exhortations. And nothing was left, that could be done for their Good.

[Footnote 2: One of the sermons preached by Cotton Mather to the unfortunate men was printed by him this year under the title _Faithful Warnings to prevent Fearful Judgments_.]

On Fryday the 20th [30th] of June 1704, Pursuant to Orders in the Dead Warrant, the aforesaid Pirates were guarded from the Prison in Boston, by Forty Musketeers, Constables of the Town, the Provost Marshal and his Officers, etc. with Two Ministers,[3] who took great pains to prepare them for the last Article of their Lives. Being allowed to walk on Foot through the Town, to Scarlets Wharff,[4] where, the Silver Oar being carried before them, they went by Water to the place of Execution, being Crowded and thronged on all sides with Multitudes of Spectators. The Ministers then Spoke to the Malefactors, to this Effect.

[Footnote 3: Rev. Thomas Bridge of the First Church, and Cotton Mather of the Second.]

[Footnote 4: At the foot of Fleet Street, near the present South Ferry. Thus the grim procession went around most of the water front of the town. Sewall says his cousin counted 150 boats full of spectators of the execution, besides the multitude on land. The silver oar was the emblem of the admiralty.]

"We have told you often, ye[a] we have told you Weeping, That you have by Sin undone your selves; That you were born Sinners, That you have lived Sinners, That your Sins have been many and mighty, and that the Sins for which you are now to Dy are of no common aggravation. We have told you, That there is a Saviour for Sinners, and we have shewn you, how to commit your selves into His Saving and Healing Hands. We have told you, That if He Save you, He will give you an hearty Repentance for all your Sins, and we have shown you how to Express that Repentance. We have told you, What Marks of Life must be desired for your Souls, that you may Safely appear before the Judgment Seat of God. Oh! That the means used for your Good may by the Grace of God be made Effectual. We can do no more, but leave you in His Merciful Hands!"

When they were gone up upon the Stage, and Silence was Commanded, One of the Ministers Prayed, as followeth.

The Prayer made by One of the Ministers, after the Malefactors were first upon the Stage.[5] (As near as it could be taken in Writing in the great Crowd.)

[Footnote 5: This prayer is unmistakable Cotton Mather; to whom we may be sure this whole occasion was one of extraordinary enjoyment.]

"O Thou most Great and Glorious Lord! Thou art a Righteous, and a Terrible God. It is a Righteous and an Holy Law that thou hast given unto us. To break that Good Law, and Sin against thy Infinite Majesty, can be no little Evil. Thy Word is always True; and very Particular, that Word of thine which has told us and warn'd us, _Evil Pursueth Sinners_. We have seen it, we have seen it; We have before our Eyes a dreadful Demonstration of it. Oh! Sanctify unto us a Sight that has in it so much of the Terror of the Lord! We have Reason to Glorify the Free Grace of God, that we are not our selves the Instances. We have before us very astonishing Examples of _Evil Pursuing Sinners_. Here is a Number of men that have been very Great Sinners, and that are to Dy before their Time, for their being wicked overmuch. God knows the Prayers, the Pains, the Tears, and the Agonies that have been Employ'd for them. And now, the Last Thing that we have to do for them, is to pour out with Anguish of Soul our Prayer on their behalf; Our Prayer, to that God, who heareth Prayer; to that God, with whom there is Mercy and Plenteous Redemption; to that God, who is Rich in Mercy and Ready to Pardon. But how can we make our Prayer, without a Rapturous Adoration of that Free-Grace, which has distinguished us! We, even we also, have every one of us an horrible Fountain of Sin in our Souls. There are none of the Crimes committed by these Miserable Men, or by the worst of those Criminals that go down into the Pit, but we have the seeds of them, in that Original Corruption, which we brought into the World with us. If God had left us to our selves, as He justly might have done, there is not the best among us all, but what would soon have done the worst things in the World. Oh! The Free-Grace! Oh! The Free-Grace! Oh! The Riches of that Grace, which has made all the Difference! But now, we Cry mightily to Heaven, we Lift up our Cries to the God of all Grace, for the Perishing Souls which are just now going to Expire under the Stroke of Justice, before our Eyes. We Mourn, we Mourn, that upon some of them, at Least, we do unto this Minute see no better Symptomes. But, Oh! is there not yet a Room for Sovereign Grace to be display'd, in their Conversion and Salvation! They Perish, if they do not now Sincerely Turn from Sin to God, and give themselves up to the Lord Jesus Christ; They Righteously and Horribly Perish! And yet, without influences from above, they can do none of those things which must be done if they do not perish. Oh! Let us beg it of our God, that He would not be so Provoked at their Multiplied and Prodigious Impieties, and at their obstinate Hardness under means of Good formerly afforded them, as to withhold those Influences from them! We cry to thee, O God of all Grace, That thou wouldest not Suffer them to continue in the Gall of Bitterness and Bond of Iniquity, and in the Possession of the Devil. Oh! Knock off the Chains of Death which are upon their Souls; Oh! Snatch the prey out of the Hands of the Terrible.

"Yet once again! Once again! We bring them, and lay them before the Spirit of Grace. O Almighty Spirit of Grace, May these Poor, blind, mad Sinners become objects for the Triumphs of Grace! O Almighty Spirit of God, and of Grace, cause these poor men to see their own Sinfulness and Wretchedness! Make them willing to be Saved from such Sinfulness and Wretchedness; Discover to them the only Saviour of their Souls. Oh! Dispose them, Oh! Assist them to give the Consent of their Souls unto His Wonderful Proposals. Let them Dy, Renouncing all Dependence on any Righteousness of their own; Alas, what can they have of their own to Depend upon! As a Token and Effect of their having Accepted the Righteousness of God, Let them heartily Repent of all their Sins against thee, and Abhor and cast up every Morsel of their Iniquity. Oh! Let them not go out of the World, raging and raving against the Justice of God and Man; And whatever part of the Satanick Image is yet remaining on their Souls, Oh! Efface it! Let them now Dy in such a State and such a Frame, as may render them fit to appear before God the Judge of all. What shall we do for them? What shall plead for them?

"Great God, Grant that all the Spectators may get Good by the horrible Spectacle that is now before them! Let all the People hear and fear, and let no more any such Wickedness be done, as has produced this woful Spectacle. And let all the People beware how they go on in the Ways of Sin, and in the pathes of the Destroyer, after so Solemn Warnings; Lest thou shouldest not only leave them to the grossest Acts of Wickedness, but also give them up unto the most amazing Impenitency, when the Punishment of their Iniquity comes to be inflicted on them.

"Oh! but shall our Sea faring Tribe, on this Occasion, be in a Singular manner affected with the Warnings of God! Lord, May those of our dear Brethren be Saved from the Temptations which do so threaten them! so ruine them! Oh! let them not Abandon themselves to Profanity, to Swearing, to Cursing, to Drinking, to Leudness, to a cursed Forgetfulness of their Maker, and of the End for which He made them! Oh! Let them not be abandoned of God, unto those Courses that will hasten them to a Damnation that slumbers not. Oh! Let the men fear the Lord Exceedingly, We Pray thee! We Pray thee! Let the Condition of the Six or Seven men, whom they now see Dying for their Wickedness upon the Sea, be Sanctified unto them.

"And now, we fly, we fly to _Sovereign Grace_. Oh! that the Poor men, which are immediately to appear before the awful Tribunal of God, may first by _Sovereign Grace_ have produced upon their Souls those Marks of thy Favour, without which tis a dreadful Thing to appear before that awful Tribunal. Oh! Great God, Let thy _Sovereign Grace_ Operate on this fearful Occasion! God be Merciful to us all, for the Sake of our Lord Jesus Christ, unto whom with the Father and the Spirit, be ascribed the Kingdom, the Power and the Glory, for ever more, _Amen_."

They then Severally Spoke, Viz.

I. _Capt. John Quelch._ The last Words he spake to One of the Ministers at his going up the Stage, were, "I am not afraid of Death, I am not afraid of the Gallows, but I am afraid of what follows; I am afraid of a Great God, and a Judgment to Come." But he afterwards seem'd to brave it out too much against that fear: also when on the Stage first he pulled off his Hat, and bowed to the Spectators, and not Concerned, nor behaving himself so much like a Dying man as some would have done. The Ministers had, in the Way to his Execution, much desired him to Glorify God at his Death, by bearing a due Testimony against the Sins that had ruined him, and for the ways of Religion which he had much neglected: yet now being called upon to speak what he had to say, it was but thus much; "Gentlemen, 'Tis but little I have to speak; What I have to say is this, I desire to be informed for what I am here. I am Condemned only upon Circumstances. I forgive all the World: So the Lord be Merciful to my Soul." When Lambert was Warning the Spectators to beware of Bad-Company, Quelch joyning, "They should also take care how they brought Money into New-England, to be Hanged for it!"

II. _John Lambert._ He appeared much hardened, and pleaded much on his Innocency. He desired all men to beware of Bad Company; he seem'd in a great Agony near his Execution; he called much and frequently on Christ, for Pardon of Sin, that God Almighty would Save his innocent Soul; he desired to forgive all the World; his last words were, "Lord, forgive my Soul! Oh, receive me into Eternity! blessed name of Christ receive my Soul."

III. _Christopher Scudamore._ He appeared very Penitent since his Condemnation, was very diligent to improve his time going to, and at the place of Execution.

IV. _John Miller._ He seem'd much concerned, and complained of a great Burden of Sins to answer for; Expressing often, "Lord! What shall I do to be Saved!"

V. _Erasmus Peterson._ He cryed of injustice done him; and said, it is very hard for so many mens Lives to be taken away for a little Gold. He often said, his Peace was made with God; and his Soul would be with God: yet extream hard to forgive those he said wronged him. He told the Executioner, he was a strong man, and Prayed to be put out of misery as soon as possible.

VI. _Peter Roach._ He seem'd little concerned, and said but little or nothing at all.

_Francis King_ was also Brought to the place of Execution, but Repriev'd.

Printed for and Sold by Nicholas Boone, at his Shop near the Old Meeting-House in Boston. 1704.

_Advertisement._

There is now in the Press, and will speedily be Published: The Arraignment, Tryal and Condemnation of Capt. John Quelch, and others of his Company, etc. For sundry Piracies, Robberies and Murder, committed upon the Subjects of the King of Portugal, Her Majesties Allie, on the Coast of Brasil, etc. Who upon full Evidence were found Guilty, at the Court-House in Boston, on the 13th of June 1704. With the Arguments of the Queen's Council, and Council for the Prisoners, upon the Act for the more effectual Suppression of Piracy. With an account of the Ages of the several Prisoners, and the Places where they were Born. Printed for and sold by Nicholas Boone, 1704.[6]

[Footnote 6: The publication of the pamphlet here advertised was by authority of Governor Dudley, who gives the Board of Trade the following excuse for printing the minutes of the trial before sending them to that body (letter of July 25, 1705), "My Lords, I should not have directed the printing of them here, but to satisfy and save the clamour of a rude people, who were greatly surprised that any body should be put to death that brought in gold into the Province, and did at the time speak rudely of the proceeding against them and assisted to hide and cover those ill persons". _Cal. St. P. Col._, 1704-1705, p. 585.]

* * * * *

_105. Deposition of Paul Dudley. August 15, 1705._[1]

[Footnote 1: Public Record Office, C.O. 5:1263, no. 57 XXVI. Paul Dudley was the governor's oldest son. The deposition is one of 55 enclosures in the governor's letter of Nov. 2, 1705, to the Board of Trade respecting his complaints of irregularities in the governments of Rhode Island and Connecticut. Though Dudley's commissions as governor confined his civil authority to Massachusetts and New Hampshire, his commission as vice-admiral (printed in the _Publications_ of the Colonial Society of Massachusetts, II. 220-224) gave him authority in Rhode Island also. The assembly of that colony, however, claimed the right under their charter to erect admiralty courts of their own, and for their governor the right to commission privateers. Queen Anne wrote to them in March 1704, repealing their act erecting a court, but they held that her letter did not forbid the commissioning of privateers. See _Records of the Colony of Rhode Island_, III. 508-510, 535-540.]

The Deposition of Paul Dudley, Esquire, Her Majestys Attourney General for the Province of the Massachusetts Bay in New England, and Advocate of the Court of Admiralty--who saith

That on or about the fifth day of June last past, being at Newport on Road Island in Company with the Honourable Nathaniel Byfield, Esquire, Judge of the Court of Admiralty, etc.[2] at the House of Samuel Cranston, Esquire, Governour of said Island, The said Judge complaining of the said Governours granting a Commission to Captain Halsey, a Privateer,[3] after the Receipt of her Majesties Commands to the Contrary, The said Samuel Cranston replyed, That he had taken the advice of the Generall Court[4] of that Colony, who were all of opinion That her Majesties Commands did not forbid him or restrain him from Granting Commissions for Privateers, And that their Charter granting them Power of Vice Admiralty,[5] he was determined to Exercise that power, and Grant such Commissions untill their Charter was actually and wholly taken away; And that they would not part with their powers or Government by piece meal, but would Die all at once, And that they had parted with too many of their priviledges already....

PAUL DUDLEY.

BOSTON in New England 15 August 1705

Sworne in presence of his Excellency the Governour before us

ISA. ADDINGTON } ANDREW BELCHER } of the Council

[Footnote 2: Nathaniel Byfield--founder of Bristol, Mass, (now R.I.), nephew of Archbishop Juxon and grandson of that Rev. Richard Byfield who was vicar of Stratford-on-Avon during most of Shakespeare's life--was commissioned admiralty judge for Massachusetts and Rhode Island during brief periods in 1698 and 1703, again 1704-1715 and 1728-1732.]

[Footnote 3: Nov. 7, 1704, Cranston had given a privateer's commission to Capt. John Halsey of the brigantine _Charles_, the vessel that had been Quelch's. The governor's confidence seems not to have been justified, for presently Halsey entered upon a large and lurid career of piracy, duly described in Johnson, _General History of the Pyrates_, II. 110-118.]

[Footnote 4: Assembly.]

[Footnote 5: It would be hard to find any such grant in the Rhode Island charter of 1663.]

_106. Commission for Trial of Piracy. November 1, 1716._[1]

[Footnote 1: Charleston, Records of the Court of Vice-admiralty of South Carolina, vol. A-B. The document is spread upon the records of the court for Nov. 27, 1716, at the beginning of the day's proceedings. This commission is a peculiar one. As has been explained in note 2 to doc. no. 51 and in note 1 to doc. no. 104, the act 28 Henr. VIII. ch. 15 (1536) provided for the trial of piracy by commissions specially appointed for the purpose, and with a jury, but did not extend to the oversea plantations, while the act 11 and 12 Will. III. ch. 7 (1699-1700) extended to those dominions the crown's authority to appoint such commissions. Before the passage of the latter statute, colonial governors had as vice-admirals appointed such commissions, which had then proceeded under the civil (Roman) law, and not under the statute. But South Carolina had in 1712 expressly adopted the act of 28 Henr. VIII. (Cooper, _Statutes at Large_, II. 470) and here we have a commission issued by the deputy governor and council, under authority of the proprietors of Carolina, for trial under the act of 1536, though action could have been taken under that of 1700. The accused persons for whose trial the commission was issued were acquitted. For the whole subject of piracy in or near Carolina, where it was rife in these years, see S.C. Hughson, "The Carolina Pirates and Colonial Commerce", in _Johns Hopkins University Studies_, XII. The most famous case was that of Major Stede Bonnet, but the original records of that case are fully printed in _State Trials_, ed. Hargrave, vol. VI.]

South Carolina.

His Excellency John Lord Carteret, Palatine, The most Noble Henry Duke of Beaufort, the Right Hon'ble William Lord Craven, the Hon'ble Maurice Ashley Esqr., Sir John Colleton Baronet, John Danson Esqr., and the rest of the true and absolute Lords and Proprietors of Carolina,[2] To Nicholas Trott Esq., Judge of the Vice Admiralty in South Carolina and chief Justice of the said Province,[3] The Hon'ble Capt. Thomas Howard Commander of his Majestys ship the _Shoram_, the Hon'ble Charles Hart Esqr., one of the Members of our Council in South Carolina, the Hon'ble Thomas Broughton, Speaker of the Lower House of Assembly in South Carolina, Arthur Middleton and Ralph Izard Esqrs., Capt. Philip Dawes, Capt. Willm. Cuthbert, Commander of the _Fortune_ Frigate, Capt. Allen Archer, Commander of the Brigantine _Experiment_, and Samuel Deane and Edward Brailsford, merchants, Greeting.

[Footnote 2: The six proprietors of Carolina here named held at this time six of the eight shares in the property. The holder of the seventh was a minor; the eighth was in litigation.]

[Footnote 3: Nicholas Trott, LL.D., attorney-general of Bermuda 1696-1697, the first attorney general of South Carolina 1698-1702, chief-justice 1702-1709, 1713-1719, a learned lawyer, and a great power in the politics of the province so long as the rule of the proprietors continued. He was the first vice-admiralty judge, having commissions as such from both the king and the proprietors. He is often erroneously identified with his cousin the governor (1693-1696) of the Bahamas, the Nicholas Trott of docs. nos. 63 and 64.]

Whereas by an Act of Parliament made in the Twenty-Eight year of Henry the Eight Intituled for Pirates It is among other things Enacted That all Treasons, Felonies, Robberies, Murthers and Confederacies thereafter Committed in or upon the Seas or in any other Haven, River, Creek or Place where the Admiral or Admirals have or Pretend to have power, Authority or Juridiction, Shall be Inquired, Tryed, heard, determined and Judged in such Shires and Places in the Realm as shall be Limitted by the Kings Commission or Commissions to be directed for the same in like form and Condition as if any such Offence or Offences had been Committed or Done in and upon the Land, and such Commissions shall be had under the Kings Great Seal Directed to the Admiral or Admirals or to his or their Lieutenant, Deputy and Deputies, and to three or Four such other Substantial persons as shall be named or appointed by the Lord Chancellor of England for the time being from time to time and as often as needs shall require, to hear and Determine such Offences after the Common Course of the Laws of England Used for Treasons, Felonies, Robberies, Murthers and Confederacies of the same Done and Committed upon the Land within the Realm of England, And it is further Enacted That such Persons to whom such Commission or Commissions shall be Directed or four of them at the least shall have full power and authority to Inquire of such Offences and of every of them by the Oaths of Twelve good and Lawfull Inhabitants in the Shire Limited in their Commission in such like manner and form as if such offence had been Committed Upon the Land within the same Shire, And that every Indictment found and presentd before such Commissioners of any Treasons, Felonies, Robbery, Murthers, Manslaughters or such other Offences Committed or done in and upon the Seas or in and upon any other River or Creek Shall be Good and Effectual in the Law, and if any Person or Persons happen to be Indicted for any such Offence done or thereafter to be done upon the Seas or any other place above Limitted That then such Order, Process, Judgement and Execution shall be used had Done and made to and against every such person or Persons so being Indicted as against Traitors, Felons and Murtherers for Treason, Felony, Robbery, Murther or such Offences done upon the Land as by the Law of this Realm is Accustomed, and that the Tryal of such Offence or Offences if it be Denied by the Offender or Offenders shall be had by Twelve Lawfull men Inhabited in the Shire Limited within such Commission, which shall be Directed as is aforesaid, and no Challenge or Challenges to be had for the Hundred.

And such as shall be Convict of any such Offence or Offences by Verdict, Confession or Process by Authority of any such Commission shall have and Suffer such pains of Death, Losses of Lands, Goods and Chattels as if they had been Attainted and Convicted of any Treasons, Felonies, Robberies or other the Like said Offences done upon the Land,[4] Which said Act for Pirates with Several other Acts of Parliament of the Kingdom of England are made of Force in this Province by of Act of Assembly Intitled an Act to put in Force in this Province the several Statutes of the Kingdom Of England or South Britain therein particularly mentioned, duely Ratified in open Assembly the Twelth Day of December in the year of our Lord One Thousand Seven Hundred and Twelve, In which said Act of Assembly Amongst other things It is Enacted That the Honble Governor and the Council of this Province for the time being shall have all the power and Authority relating to the Execution of the therein Enumerated Statutes as by the same or by any other the Laws of England are Given to the Lord Chancellor or the Lord Keeper of the Great Seal of England as the said Act of Assembly, reference being there unto had, will more fully appear.

[Footnote 4: Thus far quoting, correctly, sect. 2 of 28 Henr. VIII. ch. 15.]

Now Know yee, That we, reposing especial Trust and Confidence in the Ability, Care, Prudence and Fidelity of you the said Nicholas Trott, Thomas Howard, Charles Hart, Thomas Broughton, Arthur Middleton, Ralph Izard, Philip Daws, William Cuthbert, Allen Archer and Samuel Brailsford or any four of you, the said Nicholas Trott to be one, have constituted and Appointed and by these presents Do Constitute and Appoint you to be Our Commissioners in South Carolina for Examining, Enquiring of, Trying, Hearing and Determining and Adjudging, according to the directions of the said act of Parliament as made of force in the said province of South Carolina, all Treason, Piracies, Robberies, Felonies and Murthers Committed in or upon the Sea or within any Haven, River, Creek or place where the Admiral or Admirals have power, authority or Jurisdiction, And to Do all things necessary for the hearing and final Determination of any Cases of Treason, Piracy, Robbery, Felony or Murther Committed on the Sea or where the Admiral hath Jurisdication, and to Give Sentence and Judgement of Death and to Award Execution of the Offenders so Convicted and Attainted, And we hereby direct, Impower and require you our said Commissioners to proceed, Act, Examine, hear, adjudge and Determine in all things as fully and amply to all Intents and purposes within this province of South Carolina as any Commissioners in the Kingdom of England Impowered by Commission under the Broad Seal pursuant to the said Statute of the Twenty Eight of Henry the Eight for Pirates or any the like Commissioners in any of the British Plantations in America can or may lawfully doe, perform and Execute, And we do hereby Require and Command all our Officers and all other Persons whatsoever in anywise concerned to take notice of this our Grant and give all due Obedience to your said Commissioners in the Execution of the several powers herein Granted you, as they will Answer the Contrary att their Perils. Witness our Deputy Governor and our Deputies at CharlesTown in South Carolina And Given under the Publick Seal of the said Province of South Carolina This First day of November In the Third year of the Reign of our Lord George, by the Grace of God of Great Britain France and Ireland King, Defender of the faith etc. And in the year of our Lord One Thousand Seven hundred and Sixteen.

ROBERT DANIEL.[5] GEORGE LOGAN. FRA. YONGE. SAM: EVELEIGH.

[Footnote 5: Governor Edward Craven, sailing for England in April preceding, had left Col. Robert Daniel deputy governor in his stead. The other signers were deputies of individual proprietors.]

THE PIRATES OF THE _WHIDAH_.

_107. Cyprian Southack to Governor Samuel Shute. May [5?], 1717._[1]

[Footnote 1: Mass. Archives, vol. 51, pp. 287, 287a. Cyprian Southack was a notable sea-captain and pilot. For a number of years he commanded the naval vessel of Massachusetts, so that it was the natural course for the governor to send him in pursuit of pirates who suddenly appeared on the Massachusetts coast. In 1711 he had commanded a vessel in the unfortunate expedition against Quebec under Sir Hovenden Walker, and the admiral had stayed at his house during his long detention in Boston. He was also the most noted map-maker of his time in New England; in 1694 King William had admitted him to kiss his hands and had given him a gold chain of L50 for his map of Newfoundland, Nova Scotia, and the St. Lawrence region (_Acts. P.C. Col._, II. 264). The governor whom he addresses was Samuel Shute, governor 1716-1727. The ending of the War of the Spanish Succession (1713) had as usual caused a large revival of piracy, many privateers turning to that trade. The career of the _Whidah_ and of Capt. Samuel Bellamy can be made out from the depositions which follow. On April 26, in a heavy gale, she had come ashore on the sands of Cape Cod, in what is now Wellfleet, and all on board but two men (see doc. no. 114) were drowned. More than a hundred of the pirates thus perished. Of those who escaped wreck, in the smaller vessels, several, who had constituted the prize crew of the _Mary Anne_ (doc. no. 109), were captured, tried, and executed (doc. no. 112). The story is told in _The Trials of Eight Persons Indited for Piracy_, etc. (Boston, 1718), and by Mr. John H. Edmonds in the _Boston Sunday Globe_ for Oct. 22, 1916.]

CAPE COD HARBOUR[2] May [5?] 1717

[Footnote 2: Southack had come across from Boston into the inner side of the Cape.]

_Maye itt Pleass Your Excellency_

_Sir_, may 2 at 1 After noon I Came to Anchor here, finding Serveral Vessells, Visseted them and on board one of them found a Yung man boling[3] to the Ship the Pirritt[4] Took 26 April in South Channell, Saileing from Nantaskett the Day before at 3 After noon. April 26 Pirritt Ship Took a Sloop in South Channell, Lading with West India Goods, Sloop or Master I no not as Yett.[5] at 7 After noon the Pirrett Ship with her Tender, being a Snow a bout Ninty Tuns they Took in Latitude 26 deg., 15 Days agoe,[6] maned with 15 of Pirritts men, wine Ship and Sloop all to Gather Standing to the Northward. at 12 Night the Pirritt Ship and wine Ship Run a Shore, the Snow and Sloop Gott Off Shore, being Sen the Next morning in the Offen.[7]

[Footnote 3: Belonging. Spelling was not one of the captain's many accomplishments. For facsimiles of his handwriting, see _Memorial History of Boston_, II. liv, 98.]

[Footnote 4: Pirate. The South Channel lies in the southern portion of Nantucket Sound, south of the great shoal known as the Horse-shoe. The ship here alluded to was the pink _Mary Anne_; see doc. no. 109.]

[Footnote 5: The _Fisher_; see doc. no. 111.]

[Footnote 6: See the last part of doc. no. 108. A snow was a small vessel like a brig except for having a supplementary third, or trysail, mast.]

[Footnote 7: Seen; offing. The local legend, as recounted by the minister of Wellfleet in 1793, was that the captain of the snow, ordered by Bellamy to precede the _Whidah_ with a light at his stern, under promise of receiving the snow as a present if he should pilot him safely into Cape Cod Harbor, purposely "approached so near the land, that the pirate's large ship which followed him struck on the outer bar: the snow being less [in draft] struck much nearer the shore". Rev. Levi Whitman, in Mass. Hist. Soc., _Coll._, III. 120. But the evidence in doc. no. 111 is to the contrary.]

Sir, 29 April Came to Anchor sum Distance from the Pirritt Rack[8] Ship, a Very Great Sloop. After Sending his boat to the Pirrit Rack Thay Came to Saile and Chassed serveral of Our fishing Vessells, then stod in to Sea which I belive to be his Cunsatte.[9]

[Footnote 8: Wreck.]

[Footnote 9: Consort.]

May 2 at 2 After noon I sent Mr. Little and Mr. Cuttler to the Rack. they Got their that Night and Capt[10] watch till I Came the Next morning. at my Coming their I found the Rack all to Pices, North and South, Distance from one a Nother 4 Miles. Sir, whear shee Strock first I se one Anchor at Low water, sea being so Great Ever sence I have ben here, Can not Come to se what maye be their for Riches, nor aney of her Guns. she is a ship a bout Three hundred tuns. she was very fine ship. all that I Can find saved Out of her, is her Cables and som of her sailes, Cut all to Pices by the Inhabitances here. their has ben at this Rack Two hundred men at Least Plundring of her.[11] sum saye they Gott Riches Out of the sand but I Can not find them as yett. Sir, what I shall Gett to Gather will be to the Value of Two hundred Pounds. If Your Excellency Pleass to send the sloop to Billingsgatt[12] for itt, is Carted Over Land to that Place. Sir, here has been 54 whit men and 4 Negros Come a shore Ded from the Rack. If their be aney News by the Pirritts at boston[13] whear the money is, I humbley Desier Your Excelleny menets[14] of what Place in the ship itt was in, for I am in Great hops. whare the Anchors are the money is I fancy, and weather Per mett I have Got a whale boat to fish for itt and Things for that service.[15]

[Footnote 10: Kept.]

[Footnote 11: "Wrecking" was still an important industry in the world. Indeed, as late as 1853, in this very neighborhood (Nauset Light), Emerson records in his _Journal_, VIII. 399, "Collins, the keeper, told us he found obstinate resistance on Cape Cod to the project of building a lighthouse on this coast, as it would injure the wrecking business".]

[Footnote 12: Wellfleet Bay.]

[Footnote 13: Those already in prison.]

[Footnote 14: Minutes.]

[Footnote 15: Rev. Mr. Whitman says (1793), "At times to this day, there are King William and Queen Mary's coppers picked up, and pieces of silver, called cob money [see doc. no. 62, note 15]. The violence of the seas moves the sands upon the outer bar so that at times the iron caboose of the ship, at low ebbs, has been seen." _Ubi sup._ In 1863 she was quite visible. Another reporter tells us that "For many years after this shipwreck, a man of a very singular and frightful aspect used every spring and autumn to be seen travelling on the Cape, who was supposed to have been one of Bellamy's crew. The presumption is that he went to some place where money had been secreted by the pirates, to get such a supply as his exigencies required. When he died, many pieces of gold were found in a girdle which he constantly wore." Thoreau, _Cape Cod_, ed. 1914, p. 192. On one of Southack's maps, a narrow waterway across Cape Cod is marked with the legend, "The Place where I came through with a Whale Boat, being ordered by the Governm't to look after the Pirate Ship _Whido_, Bellame Command'r, cast away the 26 of April, 1717, where I buried One Hundred and Two Men Drowned". This map, with this legend, is reproduced at the back of Miss Mary R. Bangs's _Old Cape Cod_ (Boston, 1920). The western initial portion of this waterway still exists, in the town of Orleans, and is known as "Jeremiah's Gutter". See A.P. Brigham, _Cape Cod and the Old Colony_, pp. 80-82.]

Sir, here is One Caleb Hopkines, Senr., of freetown, which has Dun a Great Dell of Damage to Your Excellency Officers in Doeing their Duty. I Pray Your Excellency would send a Order for his Coming to boston in Order to Answare what I shall Aledge aganst him.

Sir, Yr Excellency Most Obed. serv'tt

CYPRIAN SOUTHACK.

_108. Examination of John Brown. May 6, 1717._[1]

[Footnote 1: Suffolk Court Files, no. 11945, paper 5; a fragment.]

The Substance of the Examinations of John Brown, etc. Taken by order of His Excellency the Governour on Munday the 6th of May 1717.

John Brown being interrogated saith, that he was born in the Island of Jamaica, is 25 years old and unmarried. About a year agoe he belonged to a Ship commanded by Captain Kingston, which in her voyage with Logwood to Holland was taken to the Leeward of the Havana by two Piratical Sloops, one commanded by Hornygold[2] and the other by a Frenchman called Leboose,[3] each having 70 men on board. The pirats kept the Ship about 8 or 10 daies, and then having taken out off her what they thought proper delivered her back to some of the men, who belonged to her. Leboose kept the Examinate on board his Sloop about 4 months, the English Sloop under Hornigolds command keeping company with them all that time. Off Cape Corante[4] they took two Spanish Briganteens without any resistance, laden with cocoa from Ma[l]aca. The Spaniards, not coming up to the pirats demand about the ransom, were put ashoar and their Briganteens burn'd. They sailled next to the Isle of Pines, where meeting with three or four English Sloops empty, they made use of them in cleaning their own, and gave them back. From thence they sailled in the latter end of May to Hispaniola, where they tarried about 3 months. The Examinate then left Leboose and went on board the Sloop commanded formerly by Hornygold, but at that time by one Bellamy, who upon a difference arising amongst the English Pirats because Hornygold refused to take and plunder English Vessels, was chosen by a great majority their Captain, and Hornygold departed with 26 hands in a Prize Sloop, Bellamy having then on board about 90 men, most of them English. Bellamy and Leboose sailled to the Virgin Islands and took several small fishing boats, and off St. Croix a French Ship laden with flower and fish from Canada, and having taken out some of the flower gave back the Ship. Plying to the Windward the morning they made Saba[5] they spy'd two Ships, which they chased and came up with, the one was commanded by Captain Richards,[6] the other by Capt. Tosor, both bound to the bay. Having plunder'd the Ships and taken out some young men, they dismist the rest and Tosors Ship and made a man of War of Richards's, which they put under the command of Bellamy, and appointed Paull Williams Captain of the Sloop. Next day they took a Bristol Ship[7] commanded by James Williams from Ireland laden with provisions, and having taken out what provisions they wanted and two or three of the Crew let her goe. Then they parted with their French consort at the Island of Blanco[8] and stood away with their Ship and Sloop to the windward passage, where in the latter end of February last they met with Captain Laurence Prince in a ship of 300 Ton called the _Whido_, with 18 guns mounted, and fifty men, bound from Jamaica to London, laden with Sugar, Indico, Jesuits bark and some silver and gold, and having given chase thre daies took him without any other resistance than his firing two chase guns at the Sloop, and came to an anchor at Long Island.[9] Bellamy's crew and Williams's consisted then of 120 men. They gave the Ship taken from Captain Richards to Captain Prince, and loaded her with as much of the best and finest goods as she could carry, and gave Captain Prince above twenty pounds in Silver and gold to bear his charges. They took 8 or 10 men belonging to Captain Prince; the Boatswain and two more were forced, the rest being volunteers. off Petteguavis[10] they took an English Ship hired by the French, laden with Sugar and Indico, and having taken out what they had occasion for, and some of the men, dismist her. Then they stood away for the Capes of Virginia, being 130 men in Company, and having lost sight of the Sloop the day before they made the land, they cruised ten daies, according to agreement between Bellamy and Williams, in which time they seized three ships and one Snow, Two of them from Scotland, one from Bristol, and the fourth a Scotch Ship, last from Barbadoes, with a little Rum and Sugar on board, so leaky that the men refused to proceed further. The Pirats sunk her. Having lost the Sloop they kept the Snow, which was taken from one Montgomery, being about 100 Ton, and manned her with 18 hands, which with her own Crew made up the number of 28 men; the other two Ships were discharged being first plundered. They made[11]

[Footnote 2: Benjamin Hornigold was a pirate captain of some fame; he soon after this surrendered to the governor of Bermuda, and "came in" under the king's proclamation of Sept. 5, 1717, which offered pardon to those pirates who should surrender within a given time. Charles Johnson, _General History of the Pyrates_ (second ed., London, 1724), I. 35, 70, 71; II. 274-276.]

[Footnote 3: _Id._, I. 35, 184.]

[Footnote 4: Cape Corrientes, near the southwestern point of Cuba.]

[Footnote 5: A small Dutch island, east of St. Croix, and between St. Martin and St. Eustatius.]

[Footnote 6: The _Sultana_, James Richards. "The bay" means the Bay of Honduras.]

[Footnote 7: The _St. Michael_.]

[Footnote 8: An islet among the Virgin Islands, east of St. John, and not far from the Dead Man's Chest. The Windward Passage lies between Haiti and Cuba. Jesuits' bark is cinchona, from which quinine is made.]

[Footnote 9: One of the Bahamas.]

[Footnote 10: Petit Goave, a port in the southern part of Haiti.]

[Footnote 11: Here the fragment ends.]

_109. Deposition of Thomas FitzGerald and Alexander Mackonochie. May 6, 1717._[1]

[Footnote 1: Suffolk Court Files, no. 11945, paper 9.]

The Deposition of Thomas Fitz Gerald, Marriner, aged about nineteen years, and late Mate of the Pink _Mary Anne_, belonging to Dublin (whereof Andrew Crumsty was lately Commander) and Alexander Mackconothy late Cook of the said Pink, aged fifty five years.

These Depon'ts Testify and say That on the twenty fourth day of April last past, they sailed from Nantasket harbour bound for New York, and on the twenty sixth day of the said month, being friday, in the morning about nine of the clock, they discovered a large Ship, and her Prize, which was a Snow, astern, and the large Ship came up with the said Pink _Mary Ann_, between nine and ten, and ordered us to strike our Colours, which accordingly we did, and then they shot ahead of us, and braced too, and hoisted out her boat and sent seven Men on board, Armed with their Musquets, pistols and Cutlashes (which Men are now in Boston Goal) and they commanded the said Capt. Crumpsty to take his Papers, and go aboard the said Ship with five of his hands and accordingly the said Crumpsty with five of his Men rowed aboard the said Pyrates Ship, and the seven Men tarryed aboard the Pink, and soon after the Pyrates sent their boat on board the said pink with four hands to get some of the Wine which they were Informed was on board the Pink, and accordingly they hoisted the pinks boat off of the hatches and opened the hatches and then went into the hold, but the Cable being Quoiled in the hatchway, they found it difficult to Come to the Wines in the hold, and so returned to their own Ship without any wine, Except five bottles of green wine which the found in the pinks Cabbin and carryed away, with some of the Cloaths which belonged to the pinks Company, and presently after the pyrates had hoisted their boat on board the great Ship, they gave Orders to the Pyrates on board the pink to steer North Northwest after them, which Course they followed till about four a Clock in the afternoon, and then the large Ship whereof Capt. Samuel Bellame was Commander, and the snow and pink lay too,[2] it being very thick foggy weather, And about half an hour after four a Clock a sloop came up with Capt. Bellames Ship and he hoisted out his boat and sent several men on board the Sloop and soon afterwards, Vizt. about five a Clock, the Commander of the snow bore away, and came under the stern of Capt. Bellames Ship and told him that they saw the Land; And thereupon Capt. Bellame Ordered the Pyrates on board the Pink to steer away North, which they did, and as soon as it began to be dark the sd Capt. Bellames Ship put out a light astern and also the snow and the sloop and the pink had their lights out; and about ten a Clock the weather grew thick and it lightned and rained hard and was so dark, that the pinks Comp. Could not see the shore till they were among the Breakers, when the Depon't Fitz Gerald was at helm, and had lost sight of the Great Ship, Snow and Sloop; and being among the breakers we thought it most proper and necessary to weere[3] the Pink, and before we could trim the head sails we run ashoar opposite to Sluts bush at the back of Stage harbour to the southward of Cape Codd[4] between ten and Eleven a Clock at night, And the seven Pyrates together with the Depon't and a young man named James Donovan tarryed on board the said Pink till break of day[5] and then found the shoar side of the Pink dry and so all of them went on shoar upon the Island called Poachy[6] beach, and there tarryed till about ten a Clock, when two Men came over in a Canno, Namely John Cole[7] and William Smith, who Carryed the seven pyrates over to the Main land, and then Cole came again to the Depon't and Inquired who they (meaning the pyrates) were, and the Depon't Mackconothy Answered they were pyrates and had taken the said pink, and soon after the said John Cole Informed Mr. Justice Done of Barnstable[8] thereof, by virtue of whose Warrant the said seven Pyrates were Apprehended, and the Depon'ts Journeyed with them to Boston, where they are now in Custody of the Keeper of His Maj'ties Goal as is aforesaid. And further the Depon'ts say not; but that the said Pink is Bilged on shoare, so that it is impossible to get her off.

THOS. FITZ GERALD

signum ALEXANDER [X] MACKCONOTHY

BOSTON May 6th 1717 Jurat May 8th, 1717

[Footnote 2: To.]

[Footnote 3: Wear, to come about before the wind.]

[Footnote 4: Slut's Bush was a rocky, swampy piece of land, well grown with berry-bushes, in the midst of the large isle of Nauset, that lay outside of the smaller Pochet Island and outside Stage or Nauset Harbor, the harbor of Eastham. Now, Slut's Bush ledge and Nauset Island are far out from the present shore and under deep water. On this mostly sandy coast wind and wave have made extraordinary changes. They are described, down to 1864, in an article by Amos Otis on "The Discovery of an Ancient Ship", in _N.E. Hist. Gen. Register_, XVIII. 37-44. Much of his information came from the grandson of John Doane, mentioned below, a grandson born not much later than 1717.]

[Footnote 5: In another deposition of Thomas Fitzgerald, reproduced in _Trials of Eight Persons_, he gives us a quaint glimpse of the pirates' psychology during this night of peril: "And in their Distress the [Pirates] ask'd the Deponent to Read to them the Common-Prayer Book, which he did about an Hour; And at break of Day they found the Shoar-side of the Pink dry."]

[Footnote 6: Pochet.]

[Footnote 7: See his testimony in doc. no. 112.]

[Footnote 8: Either John Doane, Esq., or his cousin Joseph. Both were justices of the peace for Barnstable County, but neither lived in Barnstable town; they were the leading residents of Eastham.]

James Donovan, within named, made oath to the truth of the within written Deposition, and further saieth that being upon deck on Friday in the afternoon, on which day the Pink was taken, Alexand'r Mackonothy being at the Helmn steering to windward of her Course, this Declar't heard John Brown, one of the Pirates now in Goal, say that for a small matter he would shute Mackonothy thro the head as soon as he would a Dog and he should never tell his story.

JAMES DONOVAN

Jurat Cor. May 8th 1717

Coram[9] PENN TOWNSEND } Justices of the JOHN CLARK } Peace OLIVER NOYES }

Attest. JOS MARION D. Secr'y.[10]

[Footnote 9: In the presence of.]

[Footnote 10: Deputy secretary of the province. Josiah Willard was secretary.]

_110. Cyprian Southack to Governor Samuel Shute. May 8, 1717._[1]

[Footnote 1: Mass. Archives, vol. 51, pp. 289, 289a.]

EASTHAM May the 8, 1717

_Maye itt Pleass Your Excellency_

_Sir_, Captt. Gorham, Mr. Little, Mr. Cuttler and Mr. Russell, Gentt'men that I have Deputed, have Rid at Least Thirty miles a moung the Inhabtances, whome I have had Information of ther being at the Pirate Rack, and have Gott Concernable Riches out of her. the first men that want Doun to the Rack with the English man that was Saved out of the Rack, I shall Mention their Names to Your Excellency in Order for a Warrant to me for bringing them for boston before Your Excellency, or as You Pleass, Sir, for all thes Pepol are very stife and will not one[2] Nothing of what they Gott, on the Rack. Sir, Fryday 26 April, at 12 night, Pirate Ship Came a shoare. Saturday 27 Instant, at 5 morning, Came the English man that was Saved out of Pirate Ship,[3] Came to the house of Samuell harding, Two miles from the Rack. After a smalle time the saide harding took the English man on his Horse and Carred him to the Rack. thes Two made Serverall Turnes from the Rack to harding house, so they most Gett much Riches. by 10 Clock the same morning their Gott to the Rack a bout 10 men more, and Gott a Great Dell of Riches. Sunday morning, Joseph[4] Doane, Esqr., gott to the Rack but all was Gon of Vallue. Sir, he Comanded the Inhabtances to save what they Could for the King, which was them Things I Rett[5] to Your Excellency before of. Sir, the Curner[6] and his Jurey Putt a stop to serverall Things beloning to the Rack in Part for buering[7] Sixty Two men Came a shoare Dead from the Pirate Rack, the Curner and his Jurey says their Due is Eight Three Pounds. Sir, I am of the mind that the Curner and Jurey should have nothing for buering aney of thes men After they New them to be Pirats, and they had bured but Thirteen before they new them to be Pirats. as Your Excellency Pleass, I humbley Desier Your Excellency Orders to this Afare. the Curner name is Samuell freeman, for his stoping aney of the Rack Goods for Paye is very hard. Sir, the weather has ben very bad, and Great Sea, so we Can Due Nothing as yett on the Rack with my Whale boat and men, but se the Anchor Every Low Watter. Sir, If some Gentt'men ware Commissined here to Give Serverall of them their Oath Concerning the Rack, itt will be of Great Service. Sir, Coll. Ottis[8] and Joseph Doane, Esqr., are Very Good men.

[Footnote 2: Own.]

[Footnote 3: Thomas Davis; see his memorial, doc. no. 114.]

[Footnote 4: See doc. no. 109, note 8.]

[Footnote 5: Writ. The money on board the _Whidah_ was claimed by the crown because of its being the product of piracy, not because of the shipwreck, for if man or cat or dog escaped alive from any shipwrecked vessel, its contents were technically not "wreck of the sea", belonging as such to the crown, but were reserved for the owners, with reasonable salvage to the preservers. A recent act, 12 Anne, II., ch. 18, provided that any who secreted goods saved from a wreck should be punished with a fine of treble value; but this act did not run in Massachusetts.]

[Footnote 6: Coroner. Investigation in cases of wreck and treasure-trove was part of the duties of his office.]

[Footnote 7: Burying.]

[Footnote 8: Col. John Otis, the chief magnate of Barnstable County, colonel of its militia, judge, member of the governor's council, and grandfather of James Otis the revolutionary orator.]

Sir, 72 Dead men are Come a shoare out Pirate ship to this Time.

The men that were Down first at the rack

Samuell Harding Jonathan Cole Joseph Collins Senr. Edward Knowles Abiel Harding Thomas Wood Samuell Horton Samuell Airy

Sir, Yr Excellency Most Obd. Servant

CYPRIAN SOUTHACK.

_111. Deposition of Ralph Merry and Samuel Roberts. May 11, 16, 1717._[1]

[Footnote 1: Suffolk Court Files, no. 11945, paper 3.]

We, Ralph Merry and Samuel Roberts, mariners, both of full age, Joyntly and Severally testify and make Oath That on the twenty sixth day of April last we belonged to a certain Sloope Called the _Fisher_ (whereof Robert Ingols was Commander), bound to Boston from Virginia, being laden with Tobacco, hides and other things. That Assoon as we arived within a few leagues off Cape Codd we met with a Ship of twenty eight guns called the _Wedaw_, which assoon as they came near, haled us and Demanded from whence we came. We told 'em That we came from Virginia and were bound for Boston. Then they asked us whether the Master was Acquainted here, meaning (as we suppose) with the Coast. Our Master Answered he knew it very well, Whereupon they Commanded our Master and Company to hoist out our boat, which we did, and then our Master and Mate went on board the said Ship. they, keeping our Master and Mate on board thereof, Sent four men Armed from thence on board of our Sloop, whereupon the said Ship stood away to the Northward and gave Orders to our Sloope to follow their Light, And being in the Night we lost Sight of said Ship And followed a Snowe light which was before in Company with her (which said Snow was a Prize the said Ship had taken off from the Capes of Virginia, as we were informed) untill the Snow was almost ashoar. then the said Snow came to an Anchor And Called to us to doe the same, which we Accordingly did, and lay there till about ten of the Clock the next day, being the twenty Seventh day of said month; then, the wind blowing off Shoar, they Cutt their Cable and bid us make the best of our way after them to the Eastward, and About three leagues off the Cape they, taking out of our Sloope what they pleased, Commanded us to goe on board the said Snow. then they, Cutting our Mast off by the board, the hatches of our Sloope being open, left her afloat in the Sea, then makeing the best of their way to Menhagen[2] at the Eastward, where we arrived the twenty ninth of said April, where they stayed and waited for the aforesaid Ship _Wedaw_ Some time, but she came not, whereupon, thinking the Ship was lost, they fitted their Long boat and sent her down to Mentinacus,[3] where they tooke a Sloope belonging to Colonel Minot,[4] one Shallop belonging to Capt. Lane,[5] and three Scooners. They brought the Sloop and Shallop and (as we are Informed) the Sailes and Compasses of the three Scooners to Menhagen, whereupon they manned the last mentioned Sloope with ten hands and soe went after Capt. Cars Sloope, lying at Peniquid,[6] which they alsoe took a little distance from said Peniquid, but finding the Mast and Bowspreat not Serviceable they left her there, and brought the Master thereof on board the Snow then at Menhagen aforesaid. In these ten mens absence Came into Menhagen two Shallops from Marblehead, which the Snow tooke and Caused 'em to come to an Anchor there, and sent the men therein togeather With us the Depon'ts to prison upon Menhagen Island, where we lay till they had fitted the Sloop of Collonel Minots aforesaid with what they thought fit from the Snow, and soe departed and left the Snow and all the rest behind,[7] and leaving us to our Libertyes ordered the Skipper of the Shallope to carry us to Marblehead which they accordingly did, where we arrived yesterday, being the tenth day of May Instant.

RALPH MERRY SAM'LL ROBERTS Attest: JOS. MARION, D. Secr'y.

BOSTON, May 16, 1717 Sworne before the Hon'bl Lieutenant Governour and Council.

[Footnote 2: Monhegan, a small island on the coast of Maine, off Pemaquid Point.]

[Footnote 3: Matinicus, a small island farther east, southward from Rockland.]

[Footnote 4: Stephen Minot of Boston.]

[Footnote 5: Capt. John Lane of Malden, son of a noted Indian-fighter.]

[Footnote 6: Pemaquid.]

[Footnote 7: A letter from Capt. John Lane, dated at Winter Harbor May 19, shows the continuance of operations: "This moment Came A young man from Spurwinke which wass Taken by A pirat sloop of Aboute ninty men with Eight guns which is now att an anker In Cape Elesebth Roade ... they have Taken one sloop and one shallop which they keep with them". Maine Hist. Soc., _Coll._, second ser., IX. 357.]

_112. Trial of Simon van Vorst and Others. [October], 1717._[1]

[Footnote 1: Suffolk Court Files, no. 10923; a fragment. The persons on trial were Simon van Vorst, born in New York, John Brown, born in Jamaica, Hendrick Quintor and Thomas Baker, both born in Holland, Peter Cornelius Hoof, born in Sweden (but the name is Dutch), John Shuan, a Frenchman, born in Nantes, and Thomas South, born in Boston, England. The trial began Oct. 18, 1717; all but South were condemned Oct. 22, and executed Nov. 15, "within flux and reflux of the sea."]

That one of the Prisoners asked the Depont. what he thought they were, to which Baker who stood by, said that the King had Given them a Commission to make their Fortune, and they were sworn to do it. After the pink was cast on shoar they said they were in as bad a Condition then as before.

Alexander Mackonachy, late Cook of the Pink _Mary Anne_ of Dublin,[2] Saith, That on the 26th day of April last past, in the course of their Voyage from Nantasket to New York, they were taken by a pyrate Ship Called the _Whido_, Comanded by Capt. Samuel Bellamy, That all the Prisoners at the Barr came on board the sd Pink Armed, Except Thomas South and John Shuan, and made themselves Masters of the Pink; And that Simon Van Vorst ordered the Captain to go on board the Ship _Whido_ with his Papers and five of his Company. The Depont. further Saith That the Pink was Cast away opposite to an Island Called Slutts Bush; and after the prisoners were Carryed to the Main Land they looked very sorrowfull and made all Imaginable speed in order to Escape from the Hands of Justice. That Thomas South behaved himself Civilly. That Thomas Baker Cutt down the Foremast and Mizen Mast of the Pink when she run on shoar.

[Footnote 2: See doc. no. 109.]

John Brett, Marriner, Testifyeth and Saith, That in the Month of June 1716 he was taken by two Pyrate Sloops, one Commanded by Capt. Samuel Bellamy and the other by Capt. Labous. They Damn'd the Depont. and bid him bring his Liquor on board. They Carryed him to the Island of Pynes, and he was detained a Prisoner by them there Eighteen days, During which time John Brown was as Active on board the Pyrate Sloop as the rest of the Company, he told a Prisoner then on board that he would hide him in the hold, and hinder him from Complaining against him, or telling his Story.

Thomas Checkley, Marriner, Saith, That he knows John Shuan the Prisoner at the Barr, That he belonged to the _Tanner_ Frigot, One John Stover Master, and sometime in March last the said Ship or Frigot was taken in the prosecution of her Voyage from Pettyguavus to old France by Capt. Samuel Bellamy and Monsieur Lebous. they pretended to be Robbin Hoods Men. That Shuan Declared himself to be now a Pyrate, and went up and unrigged the Maintopmast by order of the pyrates, who at that time forced no Body to go with them, and said they would take no Body against their Wills.

Moses Norman says that he knows Thomas Brown, and saw him in Company with the Pyrates belonging to Capt. Bellamy and Monsr. Lebous when the Depont. was taken with Capt. Brett in the Month of June 1716. That he was Carryed to the Isle of Pynes, and kept Prisoner Seventeen or Eighteen days, During all which time the sd Thomas Brown was very

## Active on board of Capt. Labous.

John Cole Saith That on the twenty seventh day of April last he saw the Prisoners now at the Barr, in Eastham, soon after they were Cast on shore, that they tarryed a short time at his house, and lookt very much Dejected and Cast down. they Enquired the way to Rhode Island, and made great hast from his house tho he asked them to tarry and refresh themselves.

John Done, Esq., Saith that hearing there were some Pyrates Journeying towards Rhode Island, he pursued them with a Deputy Sheriff and other assistants, and seized the Prisoners, now at the Barr, at Eastham Tavern about the 27th of April last; When they Confessed that they belonged to Capt. Bellamy Comander of the Ship _Whido_, and had taken the Pink _Mary Anne_, in which they run on shoar.

After the aforenamed Witnesses were Examined, the Court in favour of the Prisoners by giving them time to make their Defence Adjournd till three a Clock post merediem.

The Court met about that time and the Prisoners were sent for and brought again to the Barr, when the President[3] Observed to them, that this Court had Given them time, till now, to make their own Defence, Then demanded what they had to say for themselves.

[Footnote 3: Governor Shute. The court consisted of the governor, William Dummer, lieutenant-governor, nine members of the council, John Menzies, vice-admiralty judge, the captain of H.M.S. _Squirrel_, then on the New England station, and the collector of the plantation duties at Boston. See doc. no. 201, note 1.]

Simon Van Vorst Alledged that he was forced by Capt. Bellamys Company to Do what he did, and would have mad known his Intentions to make his Escape from the Pyrates unto the Mate of the sd Pink, but that he understood by the Mates Discourse that he Inclined to be a Pyrate himself, and therefore he did not discover his mind to the Mate.

Thomas Brown pretended himself also to be a forced Man, but produced no Evidence to make it Appear to the Court.

Thomas South Alledged that he belonged to a Bristoll Ship[4] whereof one James Williams was Master, That he was taken by Capt. Bellamy and forced to tarry with him, otherwise was threatened to be put upon a Desolate Island where there was nothing to Support him.

[Footnote 4: The _St. Michael_.]

Thomas Baker Saith that he and Simon Van Vorst were both taken out of one Vessell, That he Attempted to make his Escape at Spanish Town,[5] and the Governour of that place seemed to favour his Design, till Capt. Bellamy and his Company sent the Governour word that they would burn and destroy the Town, if that the sd Baker and those that Concealed themselves with him were not delivered up, And afterwards he would have made his Escape at Crabb Island[6] but was hindred by four of Capt. Bellamy Compa.

[Footnote 5: The old Spanish capital of Jamaica, founded in 1525 by Diego Columbus under the name of Santiago de la Vega.]

[Footnote 6: See doc. no. 72, note 5.]

Hendrick Quintor saith That he was taken by Capt. Bellamy and Monsr. Labous; and they had Agreed to let him go to the Coast of Crocus[7] in the French Vessel which they took him in, But the Commander thereof soon after dyed and so Captn. Bellamy would not permit him to proceed the sd. Voyage and he was unavoidably forced to Continue among the Pyrates.

[Footnote 7: Caracas?]

Peter Cornelius Hoof Declares and Saith That he was taken by Capt. Bellamy in a Vessel whereof John Cornelius was Master, That the sd. Bellamys Company swore they would kill him unless he would Joyn with them in their unlawfull Designs.

John Shuan, by his Interpreter, Saith That he was sick at the time when Capt. Bellamy took him, and went on board the Pyrate Vessel at the Instance of Capt. Bellamy's Doctor, who advised him to stay with him till his Cure. And that when he went on board the Pink _Mary Anne_ he did not Carry any Arms with him; and that he hoped by going on board the Pink he should the sooner make his Escape from the Pyrates, for that he had a better way of getting his Living than by Pyrating.

The Evidence for the King being fully heard, and also the Pleas and Allegations made by the Prisoners at the Barr, His Majesty's Attorney General[8] in a very handsome and learned speech summed up the Evidence and made his Remarques upon the whole, and the Court was cleared, and the Evidence and pleadings thereupon against the Prisoners, with their Defences, having been duly considered, and the Question put,[9]

[Footnote 8: Paul Dudley, acting as king's advocate before the special commission appointed under the act of 11 and 12 Will. III. ch. 7. See doc. no. 104, note 1.]

[Footnote 9: Here this fragmentary record of the trial ends. On Oct. 22 Van Vorst, Brown, Quintor, Hoof, Shuan, and Baker were condemned and sentenced to death. Cotton Mather records in his _Diary_, II. 483, that on Nov. 2 he had obtained a reprieve, perhaps a pardon, for one who was more penitent and less guilty than the others (South or Davis? but both had been acquitted). On Nov. 15 he records, II. 488, "Six pirates executed. I took a long and sad Walk with them, from the Prison to the Place of Execution", instructed them, and prayed with them. Before the end of the year he published _Instructions to the Living, from the Condition of the Dead, A Brief Relation of Remarkables in the Shipwreck of above One Hundred Pirates, Who were Cast away in the Ship Whido, on the Coast of New-England, April 26, 1717, And in the Death of Six, who after a Fair Trial at Boston, were Convicted and Condemned, Octob. 22, And Executed, Novemb. 15, 1717, With some Account of the Discourse had with them on the way to their Execution, And a Sermon preached on their Occasion_ (Boston, 1717). In the pamphlet _The Trials of Eight Persons_ we see Van Vorst and Baker, properly repentant, singing a Dutch psalm on their way to execution.]

_113. Trial of Thomas Davis. October 28, 1717._[1]

[Footnote 1: Suffolk Court Files, fragment 99. Davis was tried separately, on Oct. 28, and acquitted on Oct. 30.]

Then the Kings Evidences were called into Court and, no Objection agt them being made by the Prisoner,

Owen Morris, Marriner, was first Examined upon Oath, Who solemnly Testifyed and Declared that he knew the Prisoner at the Barr, That he belonged to the Ship _St. Michael_, whereof James Williams was Master, and in the Month of September 1716 They left Bristol bound to Jamaica and in December following the said Ship was taken by two Pyrat Sloops, one comanded by Capt. Samuel Bellamy, and the other by Louis Le Boose, about Twenty Leagues off Sabia,[2] That they Gave the said Williams his Ship and Detained the Prisoner, because he was a Carpenter and a Singleman, together with Three others of the Ships Company. And further the Dep't Saith that the Prisoner was very Unwilling to goe with Bellamy and prevailed with him by reason of his Intreatys to promise that he should be Discharged the next Vessell that was taken, and afterwards the Dep't was again taken in the Ship _Whido_, Commanded by Capt. Prince, by the said Captain Bellamy, who was then Commander of the Ship _Sultana_, taken from Capt. Richards as the Dep't understood, and then he saw the Pris'r aboard the said Ship. At which time the Pris'r reminded the said Bellamy of his promise. When he asked him if he was willing to goe he answered, yes, and then the said Capt. Bellamy replyed if the Company would Consent he should go. And thereupon he asked his Comp'y if they were willing to lett Davis the Carpenter go, Who Expressed themselves in a Violent manner saying no, Dam him, they would first shoot him or Whip him to Death at the Mast.

[Footnote 2: Saba; see doc. no. 108, note 5.]

Thomas South, Marriner, lately taken by Capt. Samuel Bellamy in the Pyrate Ship _Whido_, Cast away upon this Coast, and Discharged upon his Tryal, was admitted an Evidence, and being Accordingly Sworn Saith; That the said Bellamy while he was in Command of the said Ship _Whido_ took a Scotch Vessel off the Capes of Virginia last Spring, Cutt down her Masts and Sunk her. That he heard the said Thomas Davis went on Board her: but I did not see him. That this Depo't Thought it not prudent to be too familiar with the Prisoner[3] because it might tend to Create a Jealousy in the Pyrates, that the Depo't and the Pris'r (whom they Suspected, because he was a forced man) would runn away together, and The Depo't Saith further that Capt. James Williams, Commander of the Ship _St. Michael_ (whose Carpenter the Pris'r was) Intreated the said Capt. Bellamy when he took him to lett the Pris'r go. But the Ships Comp'y would by no means Consent thereto by reason he was a Carpenter, And swore that they would shoot him before they would lett him go from them.

[Footnote 3: He had been a shipmate of Davis on the _St. Michael_.]

Capt. John Brett, Marriner, Sworn, Saith that he was taken by Capt. Samuel Bellamy before the Ship _Sultania_ was taken from Capt. Richards, and then it was the Custome among the Pyrates to force no Prisoners, but those that remained with them were Voluntiers.

Capt. Thomas Fox, sworn, saith that he was taken by the Pyrates in July last and Robb'd, and they Questioned him whether anything was done to the Pyrates in Boston Goall. The Depo't Answered he knew nothing about them, and in particular a Dutchman belonging to the Pyrate asked him about his Consort, a Dutch Man, in Boston Prison, and said that if the Prisoners Suffered they would Kill every Body they took belonging to New England.

Seth Smith, Prison keeper in Boston, sworn, Saith that when the Prisoner at the Barr was first brought to Goal his Illness hindered their talking together, But sometime after as they were discoursing the Depo't observed to the Prisoner that if he would be Ingenious and make a Confession he might save his Life and be a good Evidance against the other Pyrates in Prison, To which the Prisoner made answer that he was abused by Several of the Pyrates that were Drowned and was Glad he had got from them, but knew nothing against the Rest of the Pyrates in Prison.

Then the Kings Council moved the Court that Capt. Thomas Glyn, a Prisoner for Debt upon Execution, might be brought into Court to give Evidence on his Majestys behalf in this Tryal, Whereupon the Court directed the Sheriffs who have the keeping of his Majestys Goal to bring the said Glyn into Court.

Capt. Isaac Morris, Sworn, Saith That on the 14th of September 1716 he was taken by the Pyrates but knows nothing of Capt. Bellamy or his accomplices.

Capt. Thomas Glyn, being brought into Court by the Sheriffs and Interrogated upon Oath, Saith that he never knew the Prisoner.

_114. Memorial of Thomas Davis. 1717._[1]

[Footnote 1: Suffolk Court Files, fragment 26283, paper 2. With this memorial we may connect a passage in the pamphlet _Trials_: "Mr. Valentine [counsel for Davis] moved, That an Affidavit under the firm seal of a Notary Publick in Great Britain, and in favour of the prisoner, should be read in open Court", but the request was denied, as contrary to the act of Parliament requiring all evidence respecting pirates to be given _viva voce_. Davis is recorded as a shipwright, aged 22, born in Carmarthenshire, who "had used the sea these five years".]

Province of the Massachusetts Bay. To His Excellency Samuel Shute, Esquire, Governour, and the Honourable His Majesties Council for the said Province.

The Memorial and humble Representation of Thomas Davis of Bristol in Great Britain, Shipwright,

Sheweth, That in the month of September last past he sailed out of Bristol as Carpenter of the Ship _St. Michael_, whereof James Williams was the Commander, bound for Jamaica, and on or about the sixteenth day of December following We met two Pyrate Sloops, One Commanded by Capt Samuel Bellame, and the other by Monsr. Louis Le Bou[s], who took the said ship about twenty Leagues off of Sabia and Carried us to the Island of Blanco, w[h]ere we were kept till the ninth day of January when your Memo. (with about fourteen more Prisoners taken by the said Pyrate Sloope) was forced on board the ship _Sultan Gally_, taken from Capt. John Richards, then under the said Bellames Command, And afterwards the said Bellame took another ship called the _Whiddo_, and your Memo., with the rest of the said Ships Compa., Came in her upon this Coast, where she was Cast away, as is very well known, and your Memo, (with one Jno. Julian[2]) only Escaped. And since his Imprisonm't he is Informed That some have Reported That your Memo. was several times on board the said ship after she was Cast away and knew where a considerable part of her Treasure was, and that he had Concealed some of it;[3] and many other things have been given out Concerning your Memo. very falsely, to the great prejudice of your Memo., Who is altogether Ignorant of what is Alledged against him, And hath already Discharged his Conscience by making a true and full Discovery of all he knows referring to the premises. But your Memo. being a stranger was not Credited and therefore he had no better Fare than the Pyrates, being in Chains as well as they; Whereas he declares from his heart that he was forced along with them, very Contrary to his will and to his great grief and sorrow, and was no ways Active among them any further than he was Compelled.

[Footnote 2: So the manuscript reads, but it is doubtless an error for "Jno. Indian", which in the handwriting of that day would look much the same; we know that one Englishman and one Indian alone escaped, and in the printed _Trials_ it was testified that the pirates had "one Lambeth and one Indian born at Cape Cod for Pilots."]

[Footnote 3: See doc. no. 110.]

And forasmuch as your Memo. understands that the Pyrates in Prison suspect that he will make such discoverys as will not be pleasing to them, he is fearfull least they should hurt him, if not deprive him of life, to prevent his Testimony against them. Your Memo. therefore and for the Considerations before mentioned Humbly prays your Excellency and Honours will so far Indulge him as to free him from his Chains and Imprisonm't with the pyrates, and that he may have some Apartm't seperate from them, and that such other Relief may be Given to your poor pet'r (who is Innocent of what is laid to his Charge) as the matter will bear, and as to your Excellency and Honours in your great Moderation and Compassion shall seem meet.

And your Memo. (as in Duty bound) shall ever pray, etc.

THOMAS DAVIS.

_115. Petition of William Davis. 1717._[1]

[Footnote 1: Suffolk Court Files, fragment 26283, paper 2. There were several oral witnesses to Thomas Davis's good character.]

To His Excellency the Governour and Council

The humble Petition of William Davis of Bristol Carpenter and Father of the said Thomas Davis,

Sheweth, That the said Thomas Davis from his youth up hath been a Dutiful and Obedient son, and his life and Deportm't has been always Regular and becoming as well as Peaceable, and your poor Pet'r prays your Excellency and Honours will Compassionate him and extend your Favour and Indulgence to his son as far as shall stand with your Wisdom and Clemency.

And your Pet'r shall pray, etc.

WILLIAM DAVIS.

Capt. John Gilbert, Marriner, belonging to Bristol, Testifyeth and saith That he well knew Thomas Davis (son of the abovenamed William Davis) for these seven or eight years last past, and that he has had a good Education in a Religious and Orderly Family, and his Conversation, Carriage and behavour all that while was very decent and becoming, and this Depon't has no reason to think but that he always lived a well ordered life, having never heard to the Contrary.

And further Saith not.

JNO. GILBERT.

PRIZE COURTS.

_116. Sir Henry Penrice to the Secretary of the Admiralty. November 29, 1718._[1]

[Footnote 1: Public Record Office, Admiralty 1:3669. This letter was apparently addressed to the secretary of the Admiralty, Josiah Burchett. Sir Henry Penrice was judge of the High Court of Admiralty from 1715 to 1751.]

_Sir_,

Since I had the Honour of your letter I have looked into the Registers Office,[2] and there find Copies of the Orders of Council, of Commissions for granting Letters of Mart, of Commissions for proceeding in Prize Courts, and of Warrants to the Judge of the High Court of Admiralty thereupon, in the years 1664, 1672, 1689 and 1702,[3] of which if you please you may have Copies if they will be of any service in the present Case.

[Footnote 2: The office of the register of the Admiralty.]

[Footnote 3: At the beginnings, respectively, of the Second Dutch War, the Third Dutch War, and the wars of William and of Anne against France.]

Now as to the Question proposed whether there is Occasion for any further power, to the severall Courts of Admiralty in the plantations, other Remote parts, or at home, to Try and Condemn such Prizes as may be Taken?

As far as I have observed during the course of the Wars with Holland, France and Spain, the High Court of Admiralty have proceeded in all Prize causes, by Virtue of Warrants from the Lord High Admiral or Commissioners for Executing that Office, in pursuance of Commissions under the Great Seal directed to them for that purpose;[4] and Commissioners were appointed at the severall Plantations to take the Examinations of Witnesses in preparatory and to transmit them hither, together with the Ships papers, and in case the ship and Goods were perishable they had a Power to Appraise and sell, and keep the produce in their hands, till after Sentence, that the Merchants might have time, and be at a Certainty, where to enter their Claims.

[Footnote 4: Such a commission (1748) is printed in Marsden, _Law and Custom of the Sea_, II. 297, and (1756) in Stokes, _View of the Constitution of the American Colonies_, p. 278.]

But after the American Act, the Vice-Admiralty Courts in the Plantations, by Authority thereof,[5] proceeded in Prize Causes, which I conceive they had no right to do before; and that power being during the late War only, by Virtue of that Act, I presume it is now determined. Therefore upon a Grant of new Powers, I must humbly submit it to their Lordships Consideration, whether it may be for the Honour and Service of his Majesty, to permit the Vice-Admiralty Courts in the Plantations to proceed in Prize Causes, since it is much to be feared they are not well versed in the Laws of Nations, and Treaties between Us and other States; and it is well known that they do not proceed in that Regular Manner as is practised in His Majesties High Court of Admiralty; besides it will be a Considerable Time before Orders from their Lordships upon any Emergency can reach the Vice Admiralty Courts in the plantations, for want of which great Inconveniences may arise; whereas the Admiralty Court here is under their Lordships Eye and Immediate direction, and always ready to observe such Instructions as the Nature of affairs shall require.

[Footnote 5: 6 Anne ch. 37, "An Act for the Encouragement of the Trade to America" (1707), sect. 2.]

But this is most humbly submitted to Their Lordships great Wisdom, by, Sir,

Your most humble servant

H. PENRICE.

DOCTORS COMMONS, November 29, 1718.

PIRACY OF BARTHOLOMEW ROBERTS.

_117. Extract from the Boston News-Letter. August 22, 1720._[1]

[Footnote 1: From the file possessed by the Massachusetts Historical Society.]

_Boston_, On Monday last, the 15th Currant, arrived here the Ship _Samuel_, about eleven Weeks from London, and ten from Lands end, Capt. Samuel Carry Commander,[2] who in his Voyage hither, on the 13th of July past, in the Latitude of 44, about 30 or 40 Leagues to the Eastward of the Banks of New-foundland, was accosted and taken by two Pirates, viz., A Ship of 26 Guns, and a Sloop of ten, both Commanded by Capt. Thomas Roberts,[3] having on board about a hundred Men, all English: The dismal Account whereof follows:

[Footnote 2: Sewall notes in his diary, under this same date of Aug. 15, "Cary arrives who had been pillaged by the Pirats." Mass. Hist. Soc. _Coll._, XLVII. 259.]

[Footnote 3: For Thomas read Bartholomew. Bartholomew Roberts was one of the most famous pirates of his time, _i.e._, of the years 1718-1724, the heyday of piracy in the eighteenth century. Capt. Charles Johnson, in his account of that period, _A General History of the Pyrates_ (London, 1724), devotes nearly a third of his book (pp. 161-260 of the first edition) to Roberts, as "having made more Noise in the World" than others, and declares (p. 3 of preface) that "Roberts and his Crew, alone, took 400 Sail, before he was destroy'd". Of his appearance we have this picture, from the same chronicler's account of his last fight: a tall dark Welshman of near forty, "Roberts himself made a gallant Figure, being dressed in a rich crimson Damask Wastcoat, and Breeches, a red Feather in his Hat, and a Gold Chain Ten Times round his Neck, a Sword in his Hand, and two pair of Pistols hanging at the End of a Silk Sling, which was flung over his Shoulders, according to the Fashion of the Pyrates" (p. 213). His meteoric career of piracy lasted but four years.]

The first thing the Pirates did, was to strip both Passengers and Seamen of all their Money and Cloths which they had on board, with a loaded Pistol held to every ones breast ready to shoot him down, who did not immediately give an account of both, and resign them up. The next thing they did was, with madness and rage to tare up the Hatches, enter the Hould like a parcel of Furies, where with Axes, Cutlashes, etc., they cut, tore and broke open Trunks, Boxes, Cases and Bales, and when any of the Goods came upon Deck which they did not like to carry with them aboard their Ship, instead of tossing them into the Hould again they threw them over-board into the Sea. The usual method they had to open Chests was by shooting a brace of Bullets with a Pistol into the Key-hole to force them open. The Pirates carryed away from Capt. Carry's Ship aboard their own 40 barrels of Powder, two great Guns, his Cables, etc. and to the value of about nine or ten Thousand Pounds Sterling worth of the Choicest Goods he had on board. There was nothing heard among the Pirates all the while, but Cursing, Swearing, Dam'ing and Blaspheming to the greatest degree imaginable, and often saying they would not go to Hope point[4] in the River of Thames to be hung up in Gibbets a Sundrying as Kidd and Bradish's Company did, for if it should chance that they should be Attacked by any Superiour power or force, which they could not master, they would immediately put fire with one of their Pistols to their Powder, and go all merrily to Hell together! They often ridicul'd and made a mock at King George's Acts of Grace[5] with an Oath, that they had not got Money enough, but when they had, if he then did grant them one, after they sent him word, they would thank him for it. They forced and took away with them Capt. Carry's Mate, and his Seamen, viz. Henry Gilespy, Mate,[6] Hugh Minnens,[7] both North Britains, Michael Le Couter, a Jersey Man, and Abraham, a Kentish Man, could not learn his Sir-name, the Captains Book being carryed away, (except one Row born in Dublin which they would not take because born in Ireland),[8] holding a Pistol with a brace of Bullets to each of their breasts to go with them, or be presently shot down, telling them that at present they wanted none of their Service; but when they came to any Action, they should have liberty to Fight and Defend the Ship as they did, or else immediately be shot, that they should not tell tales. They had on board the Pirate near 20 Tuns of Brandy. However the Pirates made themselves very merry aboard of Capt. Carry's Ship with some Hampers of fine Wines that were either presents, or sent to some Gentlemen in Boston; it seems they would not wait to unty them and pull out the Corks with Skrews, but each man took his bottle and with his Cutlash cut off the Neck and put it to their Mouths and drank it out.[9] Whilst the Pirates were disputing whither to sink or burn Capt. Carry's Ship they spy'd a Sail that same evening, and so let him go free.

[Footnote 4: Probably a derisive phrase of their own, for the ordinary place of execution near Wapping Old Stairs.]

[Footnote 5: Proclamations offering pardon to pirates who should surrender themselves within a given time. Two such proclamations of George I., Sept. 5, 1717, and Dec. 21, 1718, are printed in the American Antiquarian Society's volume of royal proclamations relating to America, _Transactions_, XII. 176-178.]

[Footnote 6: When the survivors of Roberts's crew were tried at Cape Corso Castle on the African coast in March and April, 1722, and fifty-two of them executed, this man ("Harry Glasby") was acquitted, for, though he had risen to be master of the principal pirate ship, there was abundant evidence (Johnson, first ed., pp. 186, 235-238) that he had always been unwilling to continue with the pirates, that he had tried to escape, and that he had often shown himself humane. Scott uses the name of Harry Glasby in _The Pirate_, vol. II., ch. 11, borrowing it from Johnson.]

[Footnote 7: Or Menzies. _Ibid._, p. 228.]

[Footnote 8: Roberts's hostility toward Irishmen arose from the trick played upon him by one of his lieutenants, an Irishman named Kennedy, who on the coast of Surinam ran away with both his ship and a good Portuguese prize. _Ibid._, pp. 166-169.]

[Footnote 9: They seem to have been painfully destitute of corkscrews. A year later, on the West African coast, when they had captured in a ship of the Royal African Company the chaplain of Cape Coast Castle, and had asked him to join them, "alledging merrily, that their Ship wanted a Chaplain", and he had declined, they gave him back all his possessions, and "kept nothing which belonged to the Church, except three Prayer-Books, and a Bottle-Screw, which, as I was inform'd by one of the Pyrates himself, they said they had Occasion for, for their own Use". _Ibid._, p. 198.]

And at Midnight they came up with the same, which was a Snow from Bristol, Capt. Bowls Master, bound for Boston, of whom they made a Prize, and serv'd him as they did Capt. Carry, unloaded his Vessel and forced all his Men, designing to carry the Snow with them to make her a Hulk to carreen their Ship with.

The abovesaid Capt. Roberts in Novemb. 1718,[10] was third Mate of a Guinea Man out of London for Guinea, Capt. Plummer Commander, who was taken by a Pirate, and by that means Roberts himself became a Pirate, and being an active, brisk Man, they voted him their Captain, which he readily embraced.

[Footnote 10: Johnson says 1719 (second ed., p. 208), but 1718 is correct. The _Princess_, Capt. Plumb, was captured at Anamabo by Capt. Howel Davis. _Id._, first ed., p. 157; for the ensuing narrative, _cf._ pp. 175-178.]

The said Roberts in the abovesaid Sloop, Rhode Island built, with a Briganteen Consort Pirate, was some time in January last in the Latitude of Barbadoes, near the Island, where they took and endeavoured to take several Vessels; but the Governour,[11] hearing of it, fitted out one Capt. Rogers of Bristol, in a fine Gally, a Ship of about 20 Guns, and a Sloop, Capt. Graves Commander; Capt. Rogers killed and wounded several of Roberts's Men, and made a great hole in his Sloop, which his Carpenter with very great Difficulty (hundreds of Bullets flying round him) stopt, and finding Capt. Rogers too strong for him, tho' Graves did nothing, which if had, he must of necessity been taken, he therefore run for it, as also did his Consort Briganteen, which he never saw nor heard of since.

[Footnote 11: Robert Lowther, governor 1710-1721.]

From Barbadoes Roberts went to an Island called Granada,[12] to the Leeward of Barbadoes, where he carreen'd his Sloop, and from thence this Spring with 45 Men he came to Newfoundland, into the Harbour of Trepassi,[13] towards the latter end of June last, with Drums beating, Trumpets sounding, and other Instruments of Musick, English Colours flying, their Pirate Flagg at the Topmast-Head, with Deaths Head and Cutlash, and there being 22 sail in that Harbour, upon the sight of the Pirate the Men all fled on Shore and left their Vessels, which they possess'd themselves off, burnt, sunk and destroyed all of them, excepting one Bristol Gally, which they designed to be their best Pirate Ship, if a better did not present. After they did all the mischief they could in that Harbour, they came on upon the Banks, where they met nine or ten sail of Frenchmen, one of whom is the Pirate Ship of 26 Guns abovesaid, taken from a French-man, unto whom Roberts the Pirate gave the Bristol Gally, but sunk and destroyed all the other French Vessels, taking first out what Guns were fit for his own Ship, and all other valuable Goods.

[Footnote 12: Grenada, not yet a British possession.]

[Footnote 13: At the southeast corner of Newfoundland, just west of Cape Race.]

Roberts the Pirate designed from Newfoundland to range thro' the Western and Canary Islands, and so to the Southward, to the Island of New Providence,[14] possest by Negroe's, in South Latitude 17, which they say is the place of the Pirates General Rendezvous, where they have a Fortification and a great Magazine of Powder, etc. where they intend to spend their Money with the Portuguize Negro Women. Roberts the Pirate says, that there is a French Pirate on the North Coast of America, who gives no Quarter to any Nation, and if he met him, he would give him none. The Pirates seems much enraged at Bristol Men, for Capt. Rogers sake, whom they hate as they do the Spaniards.

[Footnote 14: This island seems to be imaginary. In the Atlantic, which seems to be meant, there is no island in 17 deg. S. lat. except St. Helena. In the Indian Ocean there is a Providence Island in 9 deg. S. lat., north of Madagascar. But newspaper accuracy was no greater then than now. Roberts went first to the West Indies, then to the west coast of Africa, where after many exploits he was killed in battle with H.M.S. _Swallow_, 50, in February, 1722. Johnson, first ed., pp. 179-188, 193-214. The captain of the _Swallow_ was knighted for the exploit (capturing 187 pirates), and afterward became famous as Admiral Sir Chaloner Ogle.]

ADMIRALTY COURTS.

_118. John Menzies to the Secretary of the Admiralty (?). July 20, 1721._[1]

[Footnote 1: London, Privy Council, Unbound Papers, 1:47, copy; probably the original was addressed to the secretary to the Admiralty. John Menzies, a Scotsman and a member of the Faculty of Advocates of Edinburgh, was judge of the vice-admiralty court for New Hampshire, Massachusetts, and Rhode Island, from Dec., 1715, to his death in 1728. See Mass. Hist. Soc., _Proceedings_, LIV. 93-94.]

_Copy_

_Sir_

Since I transmitted to you Copies of my Decrees with reference to Captain Smart's Seizure when in this place,[2] I have not given you the trouble of any Information of my Proceedings, or Complaints, The Provincial Judges in Colonel Shute's Government and I having come to a better understanding in relation to Prohibitions, by his Countenance in Complyance with their Lordships Order.[3]

[Footnote 2: Capt. Thomas Smart of H.M.S. _Squirrel_. _Publications Col. Soc. Mass._, VIII. 179; _Acts of the Privy Council, Colonial_, III. 30.]

[Footnote 3: There was constant friction between admiralty judges and common-law judges in America as there had been in England. In 1726 Judge Menzies was expelled from the legislature of Massachusetts for stoutly standing by the complaints he had made to the Admiralty on this subject. A discussion of one of them, by Richard West, counsel to the Board of Trade, is printed in Chalmers, _Opinions_ (ed. 1858), pp. 515-519.]

This comes that the Lords Commissioners for Executing the Office of Lord High Admiral may be informed of a Case that hath lately occurred within the jurisdiction of Admiralty contained in my Commission,[4] Namely, One Benjamin Norton of Rhode-Island, and One Joseph Whippole, a Considerable Merchant of that Colony,[5] did fit out a Brigantine, and sent her under the Command of the said Norton to the West Indies last Fall (a Vessel by Common Observation more fit for Pirates than Trade for which they pretended to Employ her) who Fell in with the Pirates at St. Lucia in January last, and was (as he saith) taken by One Roberts a Pirate, though by the Sequel it appears, he is more to be considered as one of their Assistants and Correspondents, for after he had remained with them Six or Seven Weeks, They took a Ship Dutch Built of 250 Tuns Burthen, or thereby, and having Loaded her with Sugars, Cocoa, Negroes, etc. of very considerable Value, All this they gave to him for his Brigantine though of much more Value than She, and by the most Judicious in the Country, is supposed to have been committed to him as one of their Trusties, to Vend the Cargo in that Colony, a Practice not without precedent in that Colony these several Years past, if my Information fail not;[6] however, be that as it will, he comes with this Ship and Cargo into Tarpaulin Cove,[7] a Place lying between the Province of the Massachussets Bay and Rhode Island, where (by the by) the Pirates used to come to infest Our Coasts in April last: And did in a Clandestine Manner advise the said Joseph Whipple of his arrival.

[Footnote 4: See _Acts P.C. Col._, III. 38-40.]

[Footnote 5: Benjamin Norton of Newport was probably the father of the Benjamin Norton who in 1741 was commander of the privateer _Revenge_, and as such figures in docs. nos. 114-162. Col. Joseph Whipple the younger, afterward deputy governor of Rhode Island.]

[Footnote 6: According to Johnson, _General History of the Pyrates_, first ed., pp. 183, 187, Roberts took at Dominica "a Dutch Interloper of 22 Guns and 75 Men" and a Rhode Island brigantine of which one Norton was master, and at Hispaniola, a little later, "mann'd Nortons Brigantine, sending the Master away in the Dutch Interloper, not dissatisfied".]

[Footnote 7: Tarpaulin Cove lies on the east side of Naushon, one of the Elizabeth Islands.]

And having dropped Anchor there, he fired at, and brought too several of Our Coasters, upon which a Rumour arose, that the Pirates were on the Coast, whereby Our Coasters, except his Accomplices who understood better, were deterred for some Days from Falling within his reach, And in the interim, the aforesaid Whipple, with One Christopher Almy, and One Pease, also considerable Traders of New Port in Rhode Island, with some others, did improve that Opportunity, and carried off and conveyed about 30 of the Negroes, with considerable Quantities of the Sugars, Cocoa, etc., partly in Sloops sent out by them for that purpose, and partly in such others as they intrusted therewith, and a great part of which was by the said Almy and Whipple directed to Providence Plantacion and recommended to the Care and Conduct of One Whipple,[8] Brother to the said Joseph, that Place being their Ordinary Mart and Recepticles for such Cargoes. But so many accessaries were concerned, and the Cargo so considerable, the Secret was Discovered, and thereupon the Officers of his Majesty's Customs, both in the Province of Massachussets Bay and Colony of Rhode Island, did exert themselves, and the Collector at Boston did Seize upon the Ship and remainder of the Cargo,[9] The said Benjamin Norton upon the Discovery having relinquished the Ship and absconded. And the _Surveyor and Searcher at Rhode Island did Seize upon and Secure the Sloop_ belonging to one Draper, employed by the said Joseph Whipple, in which a considerable Quantities of the Sugars, etc., had been carried off, And did insist against them, upon the breach of the Acts of Trade, for _Neglect to make Entries as the Law directs_. Upon which Informations I gave Decrees finding the same lawful Seizures, and Ordered the Values thereof (after Sale should be made) to be Paid into Court, in regard of the Circumstantial Case, and delivered up to the Collector, etc., as Informers, upon their enacting and obliging themselves in the Court of Admiralty to refund the Values in Case any Owner should appear and make good their Title thereto within Twelve Months. This is complyed with at Boston, but in the Colony of Rhode-Island, though the Informations were Laid at the instance of the Officers of the Customes, and that I had given Decrees Condemnator[y] thereupon, and Ordered the Sales by Publick Vendue, Yet in regard I had obliged them to Enact for Refunding, _The Collector_, in conjunccion with the Governor at Rhode Island,[10] and some others of his Assistants who were concerned in these, who had a part of the Goods trusted in their Hands, till the same should be Sold by Warrant of the Court of Admiralty, Did put a Stop to the Sale appointed by me; And by an Act of the Governor and his Assistants have taken on them to sell and Dispose thereof, and to lodge the Price in other hands than by Decrees of Court was appointed, _albeit by their Charter_ they have no right so to do.

[Footnote 8: Capt. John Whipple of Providence.]

[Footnote 9: The sheriff of Bristol county, Massachusetts, impressed twelve men and horses and went to Tarpaulin Cove and took the ship into custody. _Acts and Resolves Prov. Mass. Bay_, XI. 147.]

[Footnote 10: Samuel Cranston, governor 1698-1727.]

I being apprized of this their Proceeding that since the Cargo was Condemned, and the Sale thereof appointed by the Court of Admiralty which issued upon Informacions laid by the Collector and Surveyor of his Majesty's Plantation Duties, who had the Sugars and Cocoa in their Custody, and produced the Negroes before me in Court, There was an Order past by the Governor and Council or Assistants at Rhode Island directed to the Sheriffe, who of before had been one of these who put an Estimate upon the Negroes by appointment of the Judge of Admiralty, and to whom the Judge had Committed the Custody of the Negroes in Court, Discharging him to deliver them up to the Judges Orders. I went to Rhode Island, (though I had a Deputy there) and waited on the Governor, and shewed to him my _Commission under the Great Seal of Admiralty_, which also was Recorded in their Books, and insisted with him on this, That I am uncontrovertedly by my Commission the Competent Judge in these Parts upon the Contravention of the Acts of Trade, And moreover, That by my Commission I am obliged to enquire after and secure the Goods of all Pirates, etc., The words of my Commission being _ad inquirendum et investigandum de omnibus et singulis bonis Piratarum_, etc.[11] And as I was authorize[d] for that Effect, so I conceived that the Governor and his Assistants, their business was only to be aiding and assisting to me in the Execution which I expected. And therefore Demanded of him, That according to my Order in Court, the Negroes might be produced as formerly by the Sheriffe in Court in Order to Sale. And that the Publick Court House, and House where Vendues are usually made, may be made Patent to me as heretofore, And that the Governor's Order for Shutting up thereof and denying Access to me may be recalled. At the same time I also informed him that I was accountable to the Lords of Admiralty or Vice Admiralty for the Values and Produce of the Sales made by my Decrees. During this Conference a Quorum of his Assistants in Council came in, before whom I again resumed my desire, To which I received this Answer, That the Governor _considers himself as Vice Admiral_ and that as such he hath right _to intromett_ with All Goods belonging to Pirates, and that _by the Charter all such is given to them_, and that he would not allow me the Priviledge of the Court House, unless I would comply with and acquiesse in their Acts of Council. To which I replyed, _Their Charter contains no such Grant of Admiralty jurisdiction nor right to any Piratical_ Goods (as will be evident on perusal thereof), Yea _in the Year 1703/4 the Queen Discharged them from exercising any part of Admiralty jurisdiction, which was complyed with ever since and the Court constitute by the Kings Commission_.[12] And as to submitting to their Acts of Council when derogatory to His Majestys Interest and the Authority of his Court of Admiralty (which I conceive their Act of which I complain is) was what I could not comply with, without rendering my self unworthy of the Trust committed to me and betraying thereof. Notwithstanding of all which they persisted in their Resolution, and not only Debarred me from the Use of the Court House but also to deliver up the Negroes, etc., to be sold, as I had ordered, and afterward sold them amongst themselves at an undervalue: By which their Contempt of his Majesty's Authority and Court of Admiralty is obvious, Yea, their _incroaching upon and usurping of the Admiralty Jurisdiction contrary to Queen Ann's express Order_ abovementioned is Palpable, And their refusing to give that aid and assistance which the Judge did justly require of them in the terms of his Commission appear to be highly punishable, if not a just ground for forfeiture of their Charter, more especially being conjoyned with this of a great many of that Colony, their keeping a continued Correspondence with the Pirates, which renders the fair Traders very uneasy, and insecure. All which I humbly submit to their Lordships Consideration, and pray for redress, suitable encouragement, and support to him, who is

Sir

Your most humble Servant

J. MENZEIS.

BOSTON 20th July 1721.

[Footnote 11: A commission of a vice-admiralty judge (Richard Morris, New York, 1762) may be seen in English translation in E.C. Benedict, _The American Admiralty_, fourth ed. (Albany, 1910), pp. 76-80, and others in doc. no. 180, _post_, and doc. no. 181.]

[Footnote 12: See doc. no. 105, note 1.]

CASES OF JOHN ROSE ARCHER AND OTHERS.

_119. Trial of John Fillmore and Edward Cheesman. May 12, 1724._[1]

[Footnote 1: This and the ensuing documents, nos. 119-122, are taken from the Massachusetts Archives, vol. 63, pp. 341-360, with some omissions of repetitious matter. Judge Sewall notes in his diary, May 1, 1724, "After Lecture I heard the good News of Andrew Harradine and others rising up and subjugating Phillips the Pirat". _Mass. Hist. Soc. Coll._, XLVII. 335, where extracts telling the story are transcribed from the _Boston News-Letter_ of Apr. 16, May 7, and May 21. Cheesman threw John Nutt, the master of the pirate ship, overboard; "Harradine struck down [John] Phillips the Captain with an Adds, and another man struck Burrell the Boatswain with a Broad Ax; and the rest fell upon James [or Joseph] Sparks the Gunner, and having in a few Minutes dispatched the said Four Officers, the rest of the Pirates immediately surrendered themselves Prisoners". The result of the trials here recorded was that William White and John Rose Archer the quartermaster were condemned to die, William Phillips (not the pirate captain), and William Taylor were reprieved and later pardoned, the others were acquitted. _Acts and Resolves of Mass. Bay_, X. 627, see also X. 437. A vivid account of the whole affair is given in the second edition of Johnson, _General History of the Pyrates_, pp. 396-410; another, in _A Narration of the Captivity of John Fillmore, and his Escape from the Pirates_ (Johnstown, N.Y., 1806).]

At a Court of Admiralty for the Tryal of Pirates held at Boston within His Majesties Province of the Massachusetts Bay in New England on the twelfth day of May in the Tenth year of His Majesty's Reign Annoq Domini 1724, Pursuant to His Maj'ties Commission Founded on an Act of Parliament made in the Eleventh and twelfth years of King William the Third Entituled An Act for the more Effectual suppression of Piracy,[2] and made perpetual by an Act of the Sixth of King [George].[3]

[Footnote 2: 11 and 12 Will. III. ch. 7.]

[Footnote 3: 6 Geo. I. ch. 19.]

Present. The Honorable William Dummer, Esqr., Lieutenant Governor and Commander in Chief in and over His Maj'ties Province of the Massachusetts Bay in New England,[4] President of the Court.

[Footnote 4: Acting governor 1722-1728.]

William Tailer Samuel Sewall } Penn Townsend Edward Bromfield } Esqrs., of the Honorable John Cushing Nathanl. Norden } Council of the Massachusetts Thos. Hutchinson Samuel Browne } Bay. Thomas Fitch Adam Winthrop } Spencer Phipps }

The Hono'ble John Menzeis[5] } Esqrs., Commissioners Appointed Thomas Durell } by His Maj'ties Thomas Lechmere } said Commission. John Jekyll }

[Footnote 5: Admiralty judge. Capt. Thomas Durell, R.N., was the commander of H.M.S. _Seahorse_. Thomas Lechmere, younger brother of Lord Lechmere, was surveyor general of the customs for the northern district of America; he had married the only daughter of Major-Gen. Wait Winthrop, and was a defendant in the celebrated case of Winthrop _vs._ Lechmere. John Jekyll was collector of the port of Boston.]

Proclamation was made Commanding silence upon Pain of Imprisonm't whilst the act of Parliament and His Majesties Commission for the Tryal of Pyrates were in Reading.

Then the said Court was Publickly and solemnly opened and Proclaimed and the Honorable William Dummer, Esqr., President, took the Oath directed in said Act, and afterwards Administred the same to the other Commissioners beforenamed.

The Court appointed Joseph Hiller, Gent., Notary Publick for the County of Suffolk within His Majesties sd. Province, Register of the said Court, And Edward Stanbridge, Marshall of the Court of Vice Admiralty, Provost Marshall of the said Court.

Then a Warrant issued out to the Provost Marshall to bring the Bodies of John Filmore[6] and Edward Cheesman[7] into Court, and accordingly they were brought to the Bar.

[Footnote 6: John Fillmore, born in Ipswich, Mass., in 1702, d. 1777, was great-grandfather of President Millard Fillmore. The _Narration_ mentioned above, in note 1, was drawn up from his oral statements, as remembered by a friend. He was taken out of the sloop _Dolphin_, Haskell, fishing on the Newfoundland banks.]

[Footnote 7: Edward Cheesman, carpenter, was taken out of a ship bound from Virginia to London, Mar. 25, preceding.]

Then the Cryer made Proclamation for all Persons that could Give Evidence for the King against the Prisoners at the Bar to Come into Court and they should be heard.

Then the sd. Prisoners were arraigned upon Articles Exhibited against them for Piracy, Robbery and Felony, The Register reading them in the words following--

Articles of Piracy, Robbery and Felony Exhibited against John Filmore, Marriner, and Edward Cheesman, Ship Carpenter.

You and each of you stand Accused by His Maj'ties Advocate General of Felony, Pyracy and Robbery--

First, For that you the sd John Filmore, together with John Phillips, John Nutt, Samuel Ferne, Joseph Sparkes, William White and divers others, on or about the fifth day of September last past, by force and arm's, in or near a harbour upon Newfoundland upon the high sea (within the Jurisdiction of the Admiralty of Great Britain) Pyratically and Feloniously did surprize, seize and take three fishing vessels belonging to His Majesties good subjects, and then and there within the Jurisdiction aforesd., Feloniously and Pyratically with force as aforesd. did take and Carry away an Indian man named Isaac Lassen, and John Parsons, Marriner, one of His Maj'ties good subjects: And afterwards, viz. on or about the Middle of sd. month of September, on the high seas and within the Jurisdiction aforesd., he the sd John Filmore, in the Jurisdiction aforesd., with force as aforesd., Pyratically and Feloniously did surprize seize and take a scooner of the value of Five hundred pounds, ---- Furber Master, belonging to His Majesties good subjects, and out of her then and there, within the Jurisdiction aforesd., Feloniously and Pyratically did seize, take and carry away a quantity of provision and cloth of the value of Fifty pounds.

Secondly, For that the said John Filmore, in Conjunction as aforesd., on or about the beginning of sd. month of September, near the harbour of St. Peters[8] upon the high seas and within the Jurisdiction aforesd., Piratically and Feloniously did then and there with force, etc., surprize, seize and take three fishing Vessels belonging to His Maj'ties good subjects, and then and there, within the Jurisdiction aforesd., with force as aforesd., Did Feloniously and Pyratically take and Carry away out of the sd. Vessels a quantity of Provisions of the Value of ---- and Eight of their Men.

[Footnote 8: The French island now called St. Pierre. It will be observed that the first count in the indictment against William White and others, doc. no. 121, presents in a somewhat different, and apparently more correct, order the transactions described in the first two counts of the present indictment.]

Thirdly, For that the sd. John Filmore, in Conjunction as aforesd. with one John Burrill, one or about the ---- day of ----, upon the high seas and within the Jurisdiction aforesd., with force and arm's did Pyratically and Feloniously surprize and seize and take a French Vessel named ----, and of the Burthen of ---- Tuns,[9] and out of her then and there as aforesd. did Piratically and Feloniously take and Carry away Thirteen Pypes of Wine of the Value of Three hundred pounds, a quantity of Bread, and a Great Gun and Carriage of the value of fifty pounds.

[Footnote 9: 150 tons, and of a value of L1000, according to the indictment of White and others.]

Fourthly, For that the sd. John Filmore, in Conjunction as aforesd., on or about the ---- day of the month of ---- last,[10] upon the high seas and within the Jurisdiction aforesd., with force, etc., did Feloniously and Pyratically surprise, seise and take a Brigantine named ----,[11] One Moor Master, and belonging to His said Majesties good subjects, and out of Her then and there in manner as aforesd. did take and Carry away Cloths and Provisions of the Value of Two Hundred pounds.

[Footnote 10: About October 4; _ibid._]

[Footnote 11: _Mary_, value L500; _ibid._]

Fifthly, For that the sd. John Filmore, in Conjunction as aforesd., on or about the month of ----[12] last, upon the high sea and within the Jurisdiction aforesd., with force, etc., Did Piratically and Feloniously surprise, seise and take a Brigantine named the ----, one Reed Master, and belonging to His Maj'ties good subjects, bound to Virginia with servants, and on or about seven days after, the sd. John Filmore, in Conjunction with sundry others, upon the high sea within the Jurisdiction aforesd., Feloniously and Pyratically with force and Arms as aforesd. did surprise, seize and take a Portuguese Brigantine bound to Brazel, and in manner as aforesd. did out of her take and Carry away a Negro Man slave named Francisco, of the Value of One hundred pounds, three Dozen of shirts of the Value of forty pounds, a Cask of Brandy and Provisions of the Value of Thirty pounds.

[Footnote 12: October, L500, and the same value for the Portuguese brigantine and the _Content_; _ibid._]

Sixthly, For that the sd. John Filmore, in Conjunction as aforesd., on or about the twenty seventh day of October last, in the Lattitude of Bermudas, on the high seas and within the Jurisdiction aforesd., with force and arms Did Piratically and Feloniously surprise, seize and take the sloop named _Content_, George Barrow Master, belonging to His Maj'ties good subjects, and out of her then and there in manner as aforesd. did seise, take and Carry away John Masters, the Mate of the sd. Ship, and plate and Provisions to the Value of One hundred pounds.

Seventhly, For that the sd. John Filmore, in Conjunction as aforesd., on or about the seventh day of February last past, in the Lattitude of 37 or thereabouts, on the high sea and within the Jurisdiction aforesd., with force and arms Pyratically and Feloniously did surprize, seize and take a ship bound from London to Virginia,[13] one ---- Huffam Master, and belonging to His Maj'ties good subjects, and out of her then and there, in manner as aforesd., did Feloniously and pyratically take and Carry away one Great Gun and Carriage, Cloathing, and a quantity of powder and Ball, all of the Value of One hundred pounds.

[Footnote 13: Valued at L1000 in the later indictment.]

Eighthly, For that the sd. John Filmore and Edward Cheesman, in Conjunction as aforesd., on or about the month of ---- last,[14] near the Isle of Shoals, on the high sea and within the Jurisdiction aforesd., with force and Arms Pyratically and Feloniously did surprize, seize and take an Isle of Shoals Sloop, John Salter Master, and belonging to His Maj'ties good subjects, in which the sd John Fillmore and Edward Cheesman did Enter, in Conjunction with sd Phillips, Nutt, Burril and Archer, together with their Guns, Ammunition and provision, etc. and Did also then and there, within the Jurisdiction aforesd., with force as aforesd., Feloniously and Pyratically surprise, seize and take a schooner, One ---- Chadwell Master, and also belonging to His Maj'ties Good subjects.[15]

[Footnote 14: Apr. 4.]

[Footnote 15: "Understanding that she belong'd to Mr. Minors at Newfoundland, with whose Vessel they first went off a pyrating, a Qualm of Conscience came athwart his [Phillips's] Stomach, and he said to his Companions, 'We have done him Injury enough already'; so order'd the Vessel immediately to be repair'd, and return'd her to the Master". Johnson, second ed., p. 405. The schooner was the _Good-will_ of Marblehead, Benjamin Chadwell.]

Lastly, For that the said John Filmore and Edward Cheesman, in Conjunction as aforesd., on or about the fourteenth day of April last past, on the high sea and within the Jurisdiction aforesd., with force and arms did Feloniously and Pyratically surprise, seise and take a sloop,[16] Andrew Harradine Master, and belonging to His Maj'ties good subjects, and on the fifteenth following, with force, etc., Feloniously and pyratically did Enter with all their Guns, Ammunition and Provision, on board sd Sloop. All which sd. acts of Pyracy, Robbery and Felony were by you and each of you done and Committed in manner as aforsd., Contrary to the statutes and the Laws in that Case made and Provided.

[Footnote 16: The _Squirrel_, of Annisquam, a fine new vessel, to which Phillips transferred. Babson, _History of Gloucester_, pp. 286, 287.]

ROBT. AUCHMUTY, Adv. Genl.[17]

[Footnote 17: Afterward admiralty judge, 1728-1729, 1733-1747.]

Andrew Harradine, Master of the Sloop _Squirell_, Deposeth That on or about the fourteenth of April last past, about twelve Leagues South East of the Isle of Sables,[18] he was met and taken by Phillips the Pyrate, who demanded and took from him his vessel, being a better Sailor than that they were in. That he knows both the Prisoners at the Bar, saw them on board the Pyrate when he was taken, but did not see them armed, that neither of them went on board vessels when they were taken. That John Filmore, the day after that this Depont. was taken, Declared his mind to him and the minds of several others, to rise upon the Pyrates in order to subdue them and Endeavour their escape. That Edward Cheesman, upon the rising, threw Nutt the Master of the Pyrate over board, That John Filmore struck Burrell the Boatswain on the head with a broad ax, whilst the Depont. and others Dispatcht the Captain and Gunner.[19]

[Footnote 18: Sable Island, south of Nova Scotia.]

[Footnote 19: John Phillips and James or Joseph Sparks. "Phillips' and Burrill's heads were brought to Boston in pickle"; Diary of Jeremiah Bumstead, May 3, 1724, in _N.E. Hist. Gen. Reg._, XV. 201.]

John Masters, late Mate of the Sloop _Content_, Deposed That on or about the 27th of October last, he was taken out of the sd sloop _Content_, George Barrow Master, in the Lattitude of Barbado's, by the Pyrate Phillips, was kept by the Pyrates four Months and then released, That whilst he was on board they took a ship from London bound to Virginia, one ---- Huffam Master, That Nutt the Master of the Pirate, Rose-Archer the Quarter Master,[20] and some others went on board, and as this Depont. can Remember, John Filmore, one of the Prisoners at the Bar, was forced to go on board with them, That the sd. Filmore spoke to this Deponent several times about rising upon the Pyrates, whilst this Depont. was onboard.

[Footnote 20: John Rose Archer was a seasoned pirate; he had served under the famous Blackbeard. Johnson, p. 399.]

William Lancy, Fisherman, Deposed That he was taken by the Pyrate Phillips and kept on board the Pyrate while they took nine Vessels, that he never saw the Prisoners at the Bar take up arms at any time, that they always seemed to him to be forced men.

After the Evidences had been severally sworn and Examined, the Prisoners at the Bar were asked, what they had to Say, who severally answered, they were forced men, that they never acted Voluntarily, and that they were principally Concerned in the rising.

Then the Advocate General summ'd up the nature of the Evidences. And the Prisoners were taken away from the Bar, and the Court was Cleared and in private.

Then the Court, having duly weighed and maturely Considered the Evidences against the Prisoners and their own Defence, Unanimously Agreed and voted, That the sd. John Filmore and Edward Cheesman were not Guilty of the Pyracies, Robberies and Felonies Exhibited agt. them. Then the aforesd Prisoners were brought to the Bar and the President pronounced the sd John Filmore and Edward Cheesman not Guilty.[21]

[Footnote 21: Fillmore says, _Narration_, p. 18, that the court gave him Captain Phillips's gun, silver-hilted sword, silver shoe- and knee-buckles, and tobacco-box, and two gold rings that the pirate used to wear. As late as 1857, the gun was still in the possession of a cousin of President Fillmore's father. _N.E. Hist. Gen. Register_, XI. 144.]

Then the Court Adjourned to three a Clock in the afternoon.

_120. Trial of William Phillips and Others. May 12, 1724._

_P.M._ The Court met according to adjournment, and was opened by Proclamation,

And a Warrant issued out for the bringing into Court the Bodies of William Phillips,[1] Isaac Lassen, Henry Giles, John Baptis, Peter Taffery, Charles Ivemay, John Bootman, John Combes and Henry Payne, and they were accordingly brought to the Bar.

[Footnote 1: Not known to have been related to the pirate captain, John Phillips. Lassen was an Indian, Giles a young lad, Baptis and Taffery Frenchmen.]

Then the Cryer made Proclamation for all Persons that Could Give Evidence for the King against the Prisoners at the Bar to Come into Court and they should be heard.

Then John Baptis and Peter Taffery, being French men, were remanded back to Prison in order to be tryed by themselves.

And the rest of the Prisoners were Arraigned upon Articles Exhibited against them for Piracy, Robbery and Felony, The Register Reading them in the words following, viz.

Articles of Piracy, Robbery and Felony Exhibited against William Phillips, Isaac Lassen, Henry Giles, Charles Ivemay, John Coombes, John Bootman and Henry Payne, Marriners.

You and Each of you stand Accused by His Majesties advocate General of Felony, Pyracy and Robbery.

First, For that you, the said William Phillips and Isaac Lassen, together with John Phillips, John Nutt, Samuel Ferne, James Sparkes, William White, John Archer (otherwise Called John Rose Archer), and divers others, on or about the 27th day of October last, in the Lattitude of Barbados, on the high sea, and within the Jurisdiction of the Admiralty of Great Britain, with force and arms did Pyratically And Feloniously surprise, seise and take the Sloop named the _Content_, George Barrow Master, belonging to His Majesties good subjects, and out of them then and there in manner as aforesd. did take and Carry away one John Masters, the mate of sd. sloop, and plate and Provisions to the value of One hundred pounds.

Secondly, For that the said William Phillips and Isaac Lassen, in Conjunction as aforesd., in the Month of ---- last,[2] upon the high seas, within the Jurisdiction aforesd., with force and arms Pyratically and Feloniously did surprize, seize and take a Portuguese Brigantine bound to Brazil, and in manner as aforesd. did out of her then and there take and Carry away a Negro Man Slave named Francisco, of the value of One hundred pounds, three Dozen of shirts of the value of forty pounds, one Cask of Brandy and Provisions of the value of thirty pounds.

[Footnote 2: October, 1723.]

Thirdly, For that the sd William Phillips and Isaac Lassen, in Conjunction as aforesd., on or about the fourth day of February last past, upon the high sea, about thirty five Leagues to the southward of sandy hook, within the Jurisdiction aforesd., with force and arms Pyratically and Feloniously did surprize, seise, enter into and take a snow, one ---- Laws master, belonging to His Maj'ties good subjects, and out of her then and there with force as aforesd., Pyratically and Feloniously take and Carry away Cloaths and provision to the value of One hundred pounds.

Fourthly, For that the sd. William Phillips, Isaac Lassen and Henry Gyles, in Conjunction as aforesd., on or about the first day of March last, upon the high sea and within the Jurisdiction aforesd., with force and Arms Pyratically and Feloniously did surprise, seize and take a French Ship bound from Martenico to France and, in manner as aforsd., out of her, with force as aforsd., then and there did Pyratically and Feloniously take and Carry away One Negro Man named Pierro, of the Value of sixty pounds, Eight Great Guns, twenty small Arms, a number of Cutlashes, and a Considerable quantity of Brandy, Wine and sugar to the Value of two hundred pounds.

Fifthly, For that the sd William Phillips, Isaac Lassen and Henry Gyles, in Conjunction as aforsd., on or about the 27th of March last, upon the high sea within the Jurisdiction aforesd., with force and Arms Pyratically and Feloniously did surprise, seize and take two ships bound from Virginia to London, One Commanded by John Phillips and the other by Robert Mortmiere,[3] and in manner as aforesd. took out of One of them (Commanded by John Phillips) Edward Cheesman, Carpenter, whom they forced in manner as aforesd and Carried away.

[Footnote 3: Johnson, p. 401, gives the other captain's name as Mortimer.]

Sixthly, For that the sd. William Phillips, Isaac Lassen, Henry Gyles and Charles Ivemay, in Conjunction as aforesd., on or about the latter end of the month of March, upon the high sea within the Jurisdiction aforesd., with force and arms Pyratically and Feloniously did then and there surprise, seize, Enter into and take a scooner belonging to His Majesties good subjects, One Chadwell Master, and out of her with force as aforesd. did Pyratically and Feloniously take and Carry away sundry Provisions to the Value of forty pounds.

Seventhly, For that the said William Phillips, Isaac Lassen, Henry Gyles and Charles Ivemay, in Conjunction as aforesd., on or about the month of April last past, upon the high sea within the Jurisdiction aforesd., did with force and arms Pyratically and Feloniously surprize, seize, enter into and take a Fishing scooner, William Lency Master, and then and there out of her with force as aforesd. and in manner as aforesd. did take and Carry away divers goods and Provisions to the value of Twenty pounds.

Lastly, For that the sd. William Phillips, Isaac Lassen, Henry Gyles, Charles Ivemay, John Bootman, John Coombes and Henry Payne, in Conjunction as aforesd., on or about the 14th of April last past, on the high sea and within the Jurisdiction aforesd., with force and arms did Feloniously and Pyratically surprise, seize and take a sloop named the _Squirrel_, Andrew Harradine Master, and belonging to His Maj'ties good subjects, and on the fifteenth following, with force and arms Feloniously and Pyratically did Enter with all their Guns, ammunition and Provisions on board the sd Sloop. All which sd acts of Pyracy, Robbery and Felony were by you and Each of you done and Committed in manner as aforesd., Contrary to the statutes, and the Laws in that Case made and Provided.

To all which Articles the sd William Phillips with the other Prisoners at the Bar severally pleaded not Guilty.

_Advocate General._ May it Please your Honours,

The Prisoners now at the Bar stand also Articled against for Pyracy, Robbery and Felony, and as the Charge so also the proof agt them appearing more certain clear and possitive than in the Case of those but lately Acquitted, I doubt not therefore of the Justice of the Honorable Court in finding them and Each of them Guilty.

Then the Kings Evidences were called and sworn. John Masters, late Mate of the Sloop _Content_, George Barrow Master, Deposed says that being bound from Boston to Barbados in sd. Sloop on the 27th of October last, the sd. Sloop was taken by a Pyrate Scooner Commanded by John Phillips, That the Pyrates forced this Depont. to go with them, and whilst this Depont. was with them, on the fourth of February last, they took a snow, one Laws Master. Samuel Ferne and James Wood, both since shot by Capt. Phillips,[4] William Taylor, now in Goal, and William Phillips, one of the Prisoners at the Bar, went on board the said snow armed with Cutlashes, that they brought Provisions from the snow on board the scooner, but knows not whether Phillips brought any or not.

[Footnote 4: For insubordination.]

William Lancey, Master of a Fishing scooner, Deposed That in the Month of April last, he and his Company were taken off of Cape Sables[5] by a Pyrate sloop Commanded by John Phillips, Captain, that they took several vessels while this Depont. was on board, and when Captain Phillips was about to dismiss this Depont. with his vessel he askt this Depont. whether he would carry home with him one Willm. Phillips, who was then on board the Pyrate Sloop, having one of his leggs Cut off,[6] and whom the Depont. saith is one of the Prisoners now at the Bar; and the Depont. answered, Provided the Captain and the Men were willing he would Carry him with him, but the sd. William Phillips refused to go with the Depont. saying if he should they would hang him.

[Footnote 5: The southwest point of Nova Scotia.]

[Footnote 6: The carpenter had sawed it off, somewhat amateurishly, after it had been wounded in the fight between the captain and Ferne, as related below. Johnson, p. 400.]

John Filmore Deposed. Saith That he knows William Phillips. he was taken out of a Sloop sometime in October last. the first vessel that was taken after Phillips's being taken was a Brigantine. Cannot say that Phillips went on board the Brigantine. he never saw him Armed with other arms than a Cutlass. That in February they took a snow bound from New York to Barbados, one Laws Master. Samuel Ferne, James Wood, William Taylor and Wm. Phillips, one of Prisoners at the Bar, went on board the snow armed with Cutlasses, who kept on board and Navigated sd snow, as far to the southward as the Lattitude of 21, where Ferne and Wood, attempting to run away with the scooner, in order thereto Confined Taylor and Phillips: But Capt. Phillips the Pyrate firing upon the snow, she brought too, and the sd Ferne was Commanded on board, but he refused and fired upon Capt. Phillips and Compelled the Prisoner at the Bar, William Phillips, to come and abide upon Deck, where he had his left leg shot by Nutt, which was afterwards Cut off. That Isaac Lassen was taken at Newfoundland in Septr last. That he was generally set at the helm to steer the vessel. he was once set on board the snow armed, when Fern, Wood, etc., were running away with her. he never was forward nor did he ever see him Guilty of any Act of Pyracy when vessels were taken, nor Share any plunder, Except that they now and then obliged him to take a Shirt or a pair of stockings when almost naked. That he was knowing of the rising to subdue the Pyrates, and took hold of the Captains Arm, when Harradine struck him in the head with the Ads. That Henry Gyles was taken in February and forced to go with the Pyrates; Nutt obliged him to keep a Journal being an Artist.[7] he never saw him armed on board, that he was always Contriving to get away, and has often told this Depont. that he would Escape if possible. that he was knowing of the rising against the pyrates and forward and Active in it. That Charles Ivemay was taken and forced out of the same ship that Cheesman the Carpenter was. that he always behaved himself Civilly. he never saw him Armed. That he was knowing of and brisk and Active in the rising against the Pyrates. That there was no vessel taken after John Bootman, John Coombes and Henry Payne were taken.

[Footnote 7: In the sense, now obsolete, of a person having scientific attainments. "The moon, whose orb Through optic glass the Tuscan artist views" (Milton, referring to Galileo). Probably Giles had some knowledge of navigation. See his testimony in doc. no. 121.]

Edward Cheesman Deposeth That William Phillips leg was Cut off before he[8] was taken by the Pyrates, That Henry Gyles was Guilty of no Act of Pyracy that he ever saw or heard of, that he behaved himself Civilly, kept a Journal being an Artist, That he has often told this Depont. he would contrive some way or other to make his Escape, that he was knowing of the Rising and forward and Active in it. That Isaac Lassen behaved himself Civilly and always seemed to him to be a forced man, That he never saw him in Arms; was the Man that took hold of Capt Phillips's Arm when Harradine struck him. That Charles Ivemay was Obliged and forced out of the same ship; he never was armed or forward when vessels were taken, That he was Privy to the Design of subduing the Pyrates and active in Executing it. That Bootman, Combes and Payne seemed to be forced and there was no vessel taken after they Came on board.

[Footnote 8: Cheesman.]

Andrew Harradine Deposeth That Phillips's leg was Cut off before his[9] being taken, knows nothing of him, That Lassen always behaved himself well, he never saw him armed, that he has several times told this Depont. that the Pyrates should never Carry him off the Coast to suffer by them as he had done already, that he was the first that took hold of the Captain, when this Depont. struck him and killed him. That he never saw any thing by Gyles and Ivemay but what was Civil, no ways

## Active as Pyrates, that they were both acquainted with the design of

subduing the Pyrates, and stirring and brisk in the Execution thereof. That Bootman, Combes and Payne came on board after he was taken, there was no Vessel taken after their being on board. That Bootman was Privy to and Active in the subduing the Pyrates, and Combes and Payne seemed to him to be forced men.

[Footnote 9: Harradine's.]

The Witnesses having been Severally Examined and Deposed as aforesd., the Prisoners were asked whether they had any thing to say on their own Defence. William Phillips said he was forced by the Pyrates out of the Sloop _Glasgow_, William Warden Master, that sometime after he was on board, he understood there were articles drawn up,[10] for the Captain Called him auft, and with his pistol Cocked demanded him to sign the sd. Articles or Else he would blow his Brains out, which he refused to do, Reminding the Captain of his promise that he should be cleared; but the Captn. Declaring that it should not hurt him, and Insisting on it as aforesd., he was Obliged to sign the sd. Articles. Then when Ferne and Wood were running away with the snow, they never told him what design they were upon but told him they were going to Holmes's hole,[11] and there every one to shift for himself, and the rest alledging they were forced men and some of them that they were in the secret of subduing the Pyrates and active in it, and others that there was no vessels taking whilst they were on board.

[Footnote 10: Johnson, pp. 397-398, gives verbatim the text of these articles of agreement (_cf._ doc. no. 50), a very curious set, to which these pirates "swore upon a Hatchet for want of a Bible."]

[Footnote 11: Now Vineyard Haven, in Martha's Vineyard.]

Then the Prisoners being taken away and all withdrawn but the Register, The Court maturely Weighed and Considered the Evidences and Cases of the Prisoners and by a Plurality of Voices found the sd William Phillips Guilty of the Pyracies, Robberies and Felonys Exhibited against him, and by an unanimous voice found the sd. Isaac Lassen, Henry Gyles, Charles Ivemay, John Bootman, John Coombes and Henry Payne not Guilty.

Then the Prisoners were brought to the Bar and the President acquainted William Phillips That the Court had found him Guilty of the Pyracies, Robberies and Felonies Exhibited against him, and asked him if he had any thing to say why sentence of Death should not pass upon him for his Offences.

And he offering nothing Material the President Pronounced sentence of Death against him in the following words--

"You, William Phillips, are to go from hence to the place from whence you Come and from thence to the place of Execution, and there you are to be hanged by the neck until you are dead, and God of His Infinite Mercy save your Soul."

And the President Pronounced the said Isaac Lassen, Henry Gyles, Charles Ivemay, John Bootman, John Coombs and Henry Payne not Guilty.

Then the Court adjourned till to morrow morning Eight of the Clock.

_121. Trial of William White, John Rose Archer, and William Taylor. May 13, 1724._

May the 13th day A.M.

The Court met according to Adjournmt. and was opened by Proclamation.

Present The Hono'ble William Dummer, Esqr., etc. President. William Tailer Nathaniel Norden } Samuel Sewall Thomas Hutchinson } Penn Townsend Samuel Browne } Esqrs., of the Council of Edwd. Bromfield Thomas Fitch } the Massachusetts Bay. John Cushing Adam Winthrop } Spencer Phipps. }

John Menzies } Thomas Durell } Esqrs., Commissioners appointed in Thomas Lechmere } His Majesties Commission, etc. John Jekyll }

A Warrant issued out for the bringing into Court William White, John Archer, otherwise Called John Rose Archer, and William Tailer, and they were brought to the Bar accordingly and arraigned upon the several articles Exhibited against them for Piracy Robbery and Felony.

At a Special Court of Admiralty for Tryal of Pyrates held at Boston within His maj'ties Province of the Massachusetts Bay in New England on the twelfth day of May In the Tenth year of the Reign of our sovereign Lord George, by the Grace of God of Great Britain, France and Ireland King, Defender of the Faith, etc., Annoq Domini 1724--

Articles of Pyracy, Robbery and Felony Exhibited then and there against William White, John Archer, otherwise Called John Rose Archer, and William Taylor, Marriners--

You stand Accused by His Majesties Advocate General of Felony, Pyracy and Robbery

First, For that the said William White, together with John Phillips, John Nutt, Samuel Ferne and James Sparks, on or about the beginning of September last past, by force and Arms, in a Certain harbour near St. Peters in Newfoundland, upon the high sea, within the Jurisdiction of the Admiralty of Great Britain, piratically and Feloniously did surprise, seise, take and Carry away a Certain scooner named ----, then and there being and belonging to His Maj'ties good subjects, and on the fifth day of the sd. month, being on board the sd scooner as aforesd., with force as aforesd., and on the high sea, within the Jurisdiction aforesd., near Newfoundland did Pyratically and Feloniously surprise, seize and take three fishing vessels belonging to His Majesties good subjects and in manner as aforesd. did take out of one of them an Indian Man named Isaac Lassen; and afterward, viz. on or about the middle of the sd Month of September, on the high sea and within the Jurisdiction aforesd., he the sd William White, in Conjunction as aforesd. with divers others, with force and arms Pyratically and Feloniously did surprise, seize and take a Certain scooner named ----, one Furber, belonging to His Majesties good subjects and of the value of Five hundred pounds, and then and there within the Jurisdiction aforesd. out of her did seize, take and Carry away a quantity of provision and Cloaths of the Value of fifty pounds.[1]...

[Footnote 1: Articles II.-XII. are here omitted, being substantially identical with arts. III.-VII. of the indictment in doc. no. 119 and III.-VII. of that in doc. no. 120.]

Lastly, For that the sd. William White, John Archer, als Rose Archer, and William Taylor, in Conjunction as aforesd., on or about the fourteenth of April last past, on the high sea and within the Jurisdiction aforesd., with force and Arms Did Feloniously and Pyratically surprise, seize and take a Sloop named the _Squirrel_, Andrew Harradine Master, of the Value of Three hundred pounds and belonging to His Maj'ties good subjects and on the fifteenth following with force and Feloniously and pyratically did Enter with all their Guns, ammunition and provision on board the sd Sloop. All which

## Actings of Pyracy, robbery and Felony were by you and Each of you done

and Committed in manner as aforesd., Contrary to the Statutes and the Laws in that Case made and Provided.

ROB. AUCHMUTY, Adv. Genl.

Then the Kings Evidences were Called and sworn.

John Filmore Deposeth and Saith That he was in the harbour of St. Peters when Mr. Minotts scooner was run away with, by which scooner he was afterwards taken. That when he was Carried on board, he there saw William White upon Deck. That White told this Depont. he Came out upon that design, which this Depont. understood to be Pyracy, but that he was in Drink and he was sorry for it. That White went armed on board a Virginia Ship, that he had his Share of some Shirts that were taken out of a Portuguese Brigantine, That John Rose Archer and William Taylor (when a Brigantine whereof One Read was Master, in which the sd Archer and White were, was taken), Voluntarily Joyned with the Pyrates, That in a short time after Archer was Chosen Quartermaster and after he was so, he went on board every Vessel they took, armed, That William Taylor was very Great with Phillips, Nutt and Burrill, being Admitted into the Cabbin, upon any Consultation they had together.

Edward Cheesman Deposed That White told him he was [one] of the first five that run away with Mr. Minotts Scooner, [That] they made him Drink, and that he was sorry for it now. That in taking several Vessels White was more Active than others, who pretended to be forced men. That John Rose Archer, to this Deponts. certain knowledge, by force and Arms Entred into several vessels they took and aided and assisted in plundering the same and sharing part thereof, And that William Taylor was as active on board as any of them; That this Depont Saw him once take a great Coat and heard him then say, he would not willingly hurt a Man, but he was upon the Account, and he must not go Naked.

Isaac Lassen Deposeth That White told him three days [after] he was taken, that he was sorry he Came out upon the [Accot.], That this Depont. saw him go on board a snow armed, and that he shared part of the plunder.

Henry Giles Deposed That White was one of the four that went on board the Ship this Depont. was taken out of, that he was Armed with a Cutlass and Shared part of the plunder, That he also Saw him go on board a French ship armed with a Cutlass, out of which Ship they took Eight Great Guns: That Archer also was one of the four that went on board their ship armed with a Cutlash, and as this Depont. was going over the side Archer threatned to Cut him in sunder if he did not make hast and go on board the Pyrate with his Books and Instruments.

William Lancy Deposed That he was taken by the Pyrate Phillips sometime in April last, That Archer the Quarter Master was one of those who came on board his scooner and that he was armed with sword or Cutlash; that the sd. Archer went on board all or most of the vessels they took while this Depont. was with them, Armed with sword or Cutlass; That Archer told him that he was one of Teaches[2] men and went into South Carolina upon the Act of Grace. That White told this Depont. he was sorry he came out upon the Accot. and if he Could he would get away before they went off the Coast. That he heard William Taylor say they were Carrying him to Virginia to be sold[3] and they met with these honest Men, meaning the Pyrates, and he listed himself to go with them.

[Footnote 2: Edward Teach or Thatch, the famous pirate commonly called Blackbeard.]

[Footnote 3: _I.e._, as an indented servant.]

After the Kings Evidences had been severally Examined the Prisoners at the Bar were asked what they had to say in their own Defence. William White says he is sorry he should Commit such a sin, that he was in Drink when he went away with Phillips, Nutt, etc., in Mr Minotts scooner. John Archer and Willm Taylor say they were forced Men, and Archer, being asked how he Came to be Quarter Master, Answered that the Company thought him the fittest Man for a Quarter master and so Chose him.

Then the Kings Advocate General summed up the nature of the Evidence against the Prisoners, and the Prisoners were taken from the Bar, and the Court cleared and in private.

Then the Court Maturely weighed and Considered the Evidences and the Prisoners Cases, and Unanimously found William White, John Rose Archer, and William Taylor Guilty of Pyracy, robbery and Felony according to the Articles Exhibited against them. Then the Prisoners were brought to the Bar and the President acquainted them that the Court by a Unanimous Voice had found them Guilty. Then the Court Adjourned to three a Clock in the afternoon.

_122. Trial of John Baptis and Peter Taffery. May 13, 1724._

The Court met and Opened according to Adjournm't by Proclamation and Ordered John Baptis and Peter Taffery, two French Men, to be brought [to] the Bar, and they were brought to the Bar accordingly and ordered to attend to the articles read agt. them for Pyracy, Robbery and Felony.

And the Register read the articles, which were the four last articles of those Exhibited against William Phillips, Isaac Lassen, etc., to which articles the sd John Baptis and Peter Taffery severally pleaded not Guilty. Then the Kings Evidences being sworn, Called and Interrogated, Deposed as follows.

William Lancy Deposed That whilst he was on board the Pyrat, up[on] their Coming up with a Cape Anne vessel, Phillips the Captain [of] the Pyrat ordered John Baptis to fetch up a Musquet, which he did, and when the Captain was going to take the Musquet [to] fire, Baptis twicht it out of his hands and fired it him[self], That Baptist was one that went on board a sloop, one [Beel] Master, Armed.

David Jaw, belonging to the Scooner [whereof] Will'm Lancy was Skipper, Deposed That John Baptis Came [on] board their Vessel with several others armed. That Baptis Came [up] to this Depont. and Damnd him and kicked him in his legs and [pointed] to his Boots,[1] which was a sign as this Depont understood it that he wanted his Boots, and he accordingly pull'd them off and Baptist took them.

[Footnote 1: Baptis, it will be remembered, did not speak English; hence it was that he resorted to the expressive language of manual (and pedal) signs.]

John Filmore Deposed That John Baptis and Peter Taffery, upon the rising against the Pyrates, with others fell upon James Sparkes, the Gunner of the Pyrate, and killed him and threw [him] Overboard.

Edward Cheesman Deposed That John Baptis always carried himself Civilly on board and was always for[ward] to rise upon the Pyrates. That Peter Taffery was [more active] than Baptis, that he saw him fire at vessels [two or three] times.

Henry Giles Deposed That William[2] Phillips, the Capt[tain] of the Pyrate, was always afraid of John Baptis that he would do him some damage, That Baptis was always ready and forward to rise upon the Pyrates, when they talkt of rising, That he has seen them go Armed on board Vessels, but cant say he had any share of the plunder, That Taffery was more active than Baptis.

[Footnote 2: John.]

Andrew Harradine Deposed he never saw any thing but what was Civil in Baptis and Taffery, That they were very forward upon the rising, as soon as they perceived what they were about, and were very much rejoiced when it was done and they had got their Liberty.

Then the Court ordered That all Persons should depart but the Judges and Register; and having Maturely weighed the Evidences unanimously found John Baptist and Peter Taffry not Guilty. Then the Prisoners were brought to the Bar and the President declared That the Court had found them not Guilty.

Then the Court Adjourned till the Morrow Morning.

And the Court being met according to Adjournment, Francisco, Pedro, and Pierro, three negros, were brought to the Bar and Arraigned, but no Evidences appearing to alledge any Acts of Pyracy against them, but all [alledging] that they were Imployed in Cooking the Kettle, The Court [unanimously] found them not [Guilty].[3]

[Footnote 3: But apparently John Baptis's new lease of life was not long. "November 2 [1726]. John Battis, a Frenchman, his son, and 3 Indians were hanged at Charlestown ferry." Diary of Jeremiah Bumstead, _N.E. Hist. Gen. Reg._, XV. 311. The crime was piracy.]

And then after passing [some necessary orders] relating to [the] Execution of the Pyrates, etc. [The Court adjourned without] Day.[4]

[Footnote 4: Archer and White were executed on June 2, 1724. Cotton Mather ministered to them in their last days, adding, one would think, a new horror to death. The sermon he preached at them was forthwith printed by him, _The Converted Sinner ... A Sermon Preached in Boston, May 31, 1724, In the Hearing and at the Desire of certain Pirates_ [Archer and White], _a little before their Execution, To which there is added, A more private Conference of a Minister with them_ (Boston, 1724). With his usual insufferable vanity, he indicates that the capture of the pirates was widely attributed to his public prayer against pirates on Sunday, Apr. 26: "Behold, before the week was out, there comes in a Vessel wherein" were the captive pirates. But the victorious mutiny against the pirates occurred on Apr. 18, and without disparaging Dr. Mather's influence in the councils of Heaven, it seems doubtful if the rising could have been caused by prayers publicly offered by him on the 26th. After the trial he adds: "One of the first Things which the Pyrates, who are now so much the Terror of them that haunt the Sea, impose on their poor Captives, is, to curse Dr. M----r. The Pyrates now strangely fallen into the Hands of Justice here, make me the first Man, whose Visits and Counsils and Prayers they beg for. Some of them under Sentence of Death, chuse to hear from me the Last Sermon they hear in the world. The Sermon is desired for Publication". _Diary of Cotton Mather_ (Mass. Hist. Soc.), II. 722, 729.]

_123. Bill of Robert Dobney. June 2, 1724._[1]

[Footnote 1: Mass. Archives, vol. 63, p. 399. Dobney was a newcomer, admitted in 1715.]

The Province of the Massachusetts Bay by Order of Edward Stanbridge is Dr

1724 June 2d

To Makeing of the Chaines for John Rose archer one of the Pyrats and the hire of a man to help fix him on the Gebbet att Brid [Bird] Island[2] L12.10

per me

ROBERT DOBNEY

[Footnote 2: "On Tuesday the 2d instant, were executed here, for Piracy, John Rose Archer, Quarter Master, aged about 27 years, and William White, aged about 22 years. After their Death they were conveyed in Boats down to an Island, where White was buried, and the Quarter Master was hung up in Irons, to be a Spectacle, and so a Warning to others." _Boston Gazette_, June 8, 1724. Bird Island, which has now disappeared, was a small island in Boston harbor, lying between Noddle's Island (East Boston) and Governor's Island, about a mile and a half from the town. Six days after the execution, Jeremiah Bumstead records in his diary, "My wife and Jery and Betty [a boy of 16 and a girl of 17], David Cunningham and his wife, and 6 more, went to the castle to Governors Island, and to see the piratte in Gibbits att Bird Island." _N.E. Hist. Gen. Reg._, XV. 202.]

_124. Bill of Edward Stanbridge. June 2, 1724._[1]

[Footnote 1: Mass. Archives, vol. 63, p. 402. Edward Stanbridge was the provost marshal; see doc. no. 119.]

June 2d The Province of the Massachusetts Bay to 1724 Edwd. Stanbridge, Dr

for Sundrys by him Expended being Marshall And by Order of A Speciall Cort of Admiralty for the Execution of John Rose Archer and William White two Pirates, Viz.

To the Executoner for his Service I paid him[2] L12.00. 0

To Mr Joseph Parsons[3] for Cordage I paid his Bill L2.17. 6

To Boat hire and Labourers to help Sett the Gibet And there attendance at the Execution and Diging the Grave for White 3.10. 8

To Expences on the Sheriefs officers and Cunstables after the Exicution att Mrs. Mary Gilberts her Bill[4] 3.15. 8 -------- 22. 3.10

To Georg Mayo, Blockmaker, his Bill 1. 5.00 -------- 23. 8.10

E: Excepted.[5] per EDWARD STANBRIDG.

[Footnote 2: Apparently represented by the preceding bill, doc. no. 123.]

[Footnote 3: One of the constables of Boston.]

[Footnote 4: July 6, 1719, the selectmen of Boston licensed Mary Gilbert to sell strong drink as an innholder at the north end of Fish Street. Boston Record Commissioners, _Reports_, XIII. 55. This considerable item represents what was necessary to restore the nerves of the provost marshal's attendants after an uncomfortable piece of work.]

[Footnote 5: Errors excepted.]

* * * * *

_125. Petition of Nicholas Simons. May, 1725._[1]

[Footnote 1: Manuscript room, New York Public Library.]

To the Honourable Samuel Cranston Esqr Governour of his Majestys Colony of Rhode Island etc. And the Hon'ble Assistants and the Hon'ble Generall Assembly of the Said Colony,

The Petition of Nicholas Simons Mariner Humbly Sheweth

That Whereas the Ship _John and Mary_ belonging to Boston whereof Thomas Glen was late Master was Taken by Shipton a Pirate in the month of December last in the Bay of Hondoras And the Said Nicolas Simons haveing been aforeced[2] man for Some time on board the Said Pirate was Ordered by the said Shipton to take the Command of the Said Ship _John and Mary_ as navigator and two Pirates with him and follow the Said Pirate--But after the Said Simmons Parted with the Pirate Shipton he released the men that were bound on board the Said Ship _John and Mary_ and Consulted with them about the destroying the three Pirates which the said Simons and Barlow aforced man and Perry mate of the Said Merchant Ship Effected And they lately carried the Said Ship into Rhod Island whereby the Owners have Recovered their Said Ship and her Cargoe,[3]

[Footnote 2: A forced.]

[Footnote 3: A vote of the general assembly in May, 1725, _Records of the Colony of R.I._, IV. 361, mentions three quite other persons as claiming to have effected the recapture. No action on Simons's petition is noted in the records.]

And in as much as the Said Nicholas Simons is now under a necessity to leave off his Employment of a Mariner for fear of the Sd. Pirates And has a new Employment to Seek for his Support he being in but low Circumstances,

He therefore most humbly prays your Honours would be pleased to take the premisses into your most just and wise consideration and bestow of your Bounty upon him as in your accustomed goodness you Shall See meet.

And your Peti'r as in Duty Bound Shall ever pray etc

Boston May NICHOLAS SIMONS. 1725

The above petitioner was the principle person in Resqueing the Ship out of the hands of the pirats, and had Incouragem't of a gratuity by this Assembly for his good Service.

SAM'L CRANSTON Go'r

Past to the house of Deputys by order RICHD. WARD Record'r

_126. Instructions of George II. to Captains of Privateers. November 30, 1739._[1]

[Footnote 1: Opening pages of "vol. V." (1739-1745) of the manuscript records of the vice-admiralty court held at Boston. These five volumes of records are now deposited with the Suffolk Court Files. They are described by Mr. John Noble in _Pubs. Col. Soc. Mass._, VIII. 169. A summary of all the cases in this particular volume, wrongly declared then to be the only one extant, is presented in the appendix to B.R. Nichols, _Argument in Peele vs. Merchants Insurance Co._ (Boston, 1826), pp. 127-132. Various extracts are in Mr. Noble's article, pp. 170-184. War with Spain had been declared Oct. 23. Instructions to privateers were of course issued in every war. Parts of those put forth in 1693, 1705, 1706, and 1744 are printed in F.T. Pratt, _Law of Contraband of War_ (London, 1856), pp. 264-269, 257. Others are in R.G. Marsden, _Law and Custom of the Sea_, II. 404-435. Of acts of Parliament on privateers and prizes, the latest in force at this date was that of 9 Anne ch. 27, but a fresh act was under discussion in Parliament at this date, and on Dec. 20 the royal assent was given to the act 13 Geo. II. ch. 4, "for the encouraging of seamen to enter into his Majesty's service".]

Instructions for the Commanders of such Merchant Ships and Vessells as may have Letters of Marque or Commissions for Private Men of War against the King of Spain, his Vassals and Subjects or others Inhabiting within any of His Countries, Territories or Dominions, by Vertue of Our Commission Granted under the Great Seal of Great Britain, bearing Date the Thirtieth Day of November 1739.[2] Given at our Court at St. James's the 30th Day of November 1739, in the Thirteenth Year of Our Reign.

[Footnote 2: Commission to the Lords of the Admiralty authorizing them to provide for the issue of privateering commissions or letters of marque; see doc. no. 127.]

I. That it shall be Lawful for the said Commanders of Merchant Ships and Vessells, Authorized by Letters of Marque or Commissions for Private Men of War, to set upon by force of arms and to subdue and take the Men of War, Ships and other Vessells whatsoever, as also the Goods, Moneys and Merchandizes, belonging to the King of Spain, his Vassals and Subjects, and others Inhabiting within any of his Countries, Territories or Dominions, and such other Ships, Vessells and Goods, as are, or shall be, liable to Confiscation, pursuant to the Treaties between Us and other Princes, States and Potentates: But so as that no Hostility be committed, nor Prize Attacked, Seized or taken within the Harbours of Princes and States in Amity with Us, or in their Rivers or Roads within Shott of their Cannon.

II. That all Ships of what Nation soever carrying any Soldiers, arms, Powder, Ammunition or any other Contraband Goods, to any of the Territories, Lands, Plantations or Countries of the King of Spain shall be seized as Prizes.

III. That the said Commanders of such Merchant Ships and Vessells shall bring such Ships and Goods, as they have Seized or shall so seize and take to such Port of this Our Realm of England, or some other Port of Our Dominions as shall be most convenient for them, in order to have the same Legally Adjudged in Our High Court of Admiralty of England, or before the Judges of such other Admiralty Courts, as shall be Lawfully authorized within Our Dominions: But if such Prize be taken in the Mediterranean or within the Streights of Gibraltar, then the Captor may if he doth not think fit to bring the same to some Port of England, or other Our Dominions, carry such Ship and Goods into the Ports of such Princes or States as are in alliance or amity with us.

IV. That after such Ships shall be taken and brought into any Port the Taker shall be Oblig'd to bring or send, as soon as possible may be, Three or Four of the Principal of the Company (whereof the Master and the Pilot to be always two) of every Ship so brought into Port, before the Judge of the Admiralty of England, or his Surrogate, or before the Judge of such others Admiralty Courts, within our Dominions, as shall be Lawfully Authorized as aforesaid, or such as shall be Lawfully Commissioned in that behalf, to be sworn and examined upon such Interrogatories as shall tend to the Discovery of the Truth,[3] touching the Interest or Property of such Ship or Ships, and of the Goods and Merchandizes found therein: and the Taker shall be further obliged at the Time he produceth the Company to be Examin'd, to bring and deliver into the hands of the Judge of the Admiralty of England, his Surrogate, or the Judge of such other Admiralty Courts within Our Dominions, as shall be Lawfully Authorized, or others Commissioned as aforesaid, all such Passes, Sea Briefs, Charter-Parties, Bills of Lading, Cockets, Letters and other Documents and Writings as shall be Delivered up, or found on board any such Ship; the said Taker or one of his Chief Officers, who was present, and saw the said Papers and Writings Delivered up, or otherwise found on board at the time of the Capture, making Oath, That the said Papers and Writings are brought and Delivered in as they were received or taken, without any Fraud, Addition, Subtraction or Embezilment.

[Footnote 3: See doc. no. 183.]

V. That all such Ships, Goods and Merchandizes taken by Vertue of Letters of Marque or Commissions for Private Men of War, shall be kept and preserved, and no part of them shall be sold, spoiled, wasted, or diminished, and that the Bulk thereof shall not be broken before Judgment be given in the High Court of Admiralty of England, or some other Court of Admiralty Lawfully Authorized in that behalf, that the said Ships, Goods and Merchandizes are Lawful Prize; and that no Person or Persons, taken or Surprized in any Ship or Vessell as aforesaid, tho' known to be of the Enemy's Party, shall be in Cold Blood killed, maimed, or by Torture and Cruelty Inhumanly Treated, contrary to the Common Usage and just Permission of War: and whoever shall offend in any of the premises shall be severely punished.

VI. That the said Commanders of such Merchant Ships and Vessells, who shall obtain the said Letters of Marque, or Commissions, as aforesaid for Private Men of War, shall not do or attempt anything against the true meaning of any article or articles, Treaty or Treaties depending between Us, or any of Our Allies, touching the freedom of Commerce in the Time of War, and the Authority of the Pass Ports or Certificates under a certain Form in some one of the Articles or Treaties so depending between Us and Our Allies as aforesaid, when produced and shewn by any of the Subjects of Our said Allies, and shall not do or attempt anything against Our Loving Subjects, or the Subjects of any Prince or State in Amity with Us, nor against their Ships, Vessells or Goods, but only against the King of Spain, his Vassals and Subjects, and others Inhabiting within His Countries, Territories or Dominions, their Ships Vessells and Goods,--except as before Excepted; and against such other Ships, Vessells and Goods, as are or shall be liable to Confiscation.

VII. That after Condemnation of any Prize, it shall or may be Lawful for the Commanders of such Merchant Ships or Vessells or the Owners of the same, to keep such and so many Ships, Vessells Goods and Merchandizes as shall be Condemned to them, for Lawful Prizes, in their own Possession, to make Sale or Dispose thereof in Open Market or Otherwise, to their best Advantage in as ample manner as at any time heretofore has been Accustomed in Cases of Letters of Marque, or of Just Prizes in Time of War; other than wrought Silks, Bengalls, and Stuffs mixed with Silk or [Herbs] of the Manufacture of Persia, China or East India, or Callicoes painted, dyed, printed or stained there, which are to be deposited for Exportation, according to the Directions of an Act made in the Eleventh Year of the Reign, of the late King William, Entituled _An Act for the More Effectual Employing the Poor by Encouraging the Manufactures of this Kingdom_:[4] And that it shall be Lawful for all manner of Persons as well Our Subjects as others, according to Law, to buy the said Ships, Vessells, Goods and Merchandizes, so taken and Condemned for Lawful Prize, without any Damage or Molestation to Ensue thereupon to the said Byers, or any of them, by reason of the Contracting or Dealing for the same.

[Footnote 4: 11 and 12 Will. III. ch. 10.]

VIII. That if any Ship or Vessell, belong'g to Us or Our Subjects, or to Our Allies or their Subjects, shall be found in Distress, by being in fight, set upon, or taken by the Enemy, the Captain, Officers and Company, who shall have such Letters of Marque or Commission, as aforesaid, shall use their best Endeavours to give aid and Succour to all such Ship or Ships, and shall to the utmost of their power Labour to free the same from the Enemy.

IX. That Our Subjects and all other Persons whatsoever, who shall either in their own persons serve, or bear any Charge or Adventure, or in any sort further or set forward the said Adventure, according to these Articles, shall stand and be freed by vertue of the said Commission; and that no person be in any wise reputed or challenged for an offender, against Our Laws, but shall be freed, under Our Protection, of and from all Trouble and Vexation that might in any wise grow thereby, in the same manner as any other Our said Subjects ought to be by Law, in their Aiding or Assisting Us, either in their own persons, or otherwise, in a Lawful War against Our declared Enemies.

X. That the said Commanders of such Merchant Ships and Vessells or their Owners or Agents before the taking out Commissions, shall give Notice in Writing, Subscribed with their hands, to Our High Admiral of Great Britain, for the Time being, or Our Commissioners for Executing the Office of Our High Admiral or the Commissioners for Executing that Office for the Time being, or the Lieutenant or Judge of the said High Court of Admiralty, or his Surrogate, of the Name of their Ship, and of the Tunnage and Burthen, and the Names of the Captain, Owners or Setters out of the said Ship, with the Number of Men, and the Names of the Officers in her, and for what Time they are Victualled, as also of their Ordnance, Furniture and Ammunition; To the End the same may be Registered in the said Court of Admiralty.

XI. That those Commanders of such Merchant Ships and Vessels, who shall have such Letters of Marque or Commissions as aforesaid, shall hold and keep, and are hereby Enjoyn'd to hold and keep a Correspondence, by all Conveniences, and upon all occasions, from Time to Time, with Our High Admiral of Great Britain for the Time being, or Our Commissioners for Executing the Office of Our High Admiral, or the Commissioners for Executing that office for the Time being, or their Secretary, so as from Time to Time to render and give unto him or them not only an account and Intelligence of their Captures or Proceedings by vertue of such their said Letters of Marque, or Commissions as aforesaid; but also of whatsoever else shall Occur unto them, or be discovered or declared unto them, or found out by them, by Examination of, or Conference with, any mariners or Passengers, of or in the Ships or Vessells taken, or by any other ways or means whatsoever, touching or concerning the designs of the Enemy, or any of their Fleets, Ships, Vessells or Parties; and of the Stations, Seas, Ports and Places and of their Intents therein; and of what Merchant Ships or Vessells of the Enemy, bound out or Home, as they shall hear of; and of what else Material in these Cases may arrive to their knowledge, to the End such Course may be thereupon taken, and such Orders given as may be requisite.

XII. That no Commander of a Merchant Ship or Vessel who shall have a Letter of Marque or Commission as aforesaid, shall presume, as they will answer it at their Peril, to wear any Jack, Pendant or any other Ensign or Colour, Usually born by Our Ships, but that besides the Colours born Usually by Merchant Ships, they do wear a Red Jack with the Union Jack described in the Canton at the Upper Corner thereof near the Staff,[5] and that One third part of the whole Company of every such Ship or Vessel so fitted out as aforesaid shall be Land Men.

[Footnote 5: Like the present red flag of the British merchant marine.]

XIII. That such Commanders of Merchant Ships and Vessels who shall Obtain such Letters of Marque or Commissions, as aforesaid, shall also from Time to Time, upon due Notice being given them, observe all such other Instructions and Orders as We shall think fit to direct for the better carrying on of this Service.

XIV. That all Persons who shall Violate these Instructions shall be severely punished, and also required to make full Repairation to Persons Injured contrary to these Instructions for all Damages they shall sustain by any Capture, Embezilment Demurrage or otherwise.

XV. That before any such Letters of Marque or Commissions issue under Seal, Bail with Sureties shall be given before the Lieutenant and Judge of Our High Court of Admiralty of England, or his Surrogate, in the Sum of Three thousand Pounds Sterling, if the Ship carries above One hundred and fifty Men; and if a Lesser Number, in the Sum of Fifteen hundred pounds Sterling; Which Bail shall be to the Effect, and in the form following:

Which Day, Time and Place Personally Appeared ---- Who submitting themselves to the Jurisdiction of the High Court of Admiralty of England, Obliged themselves, their Heirs, Executors and Admin'rs to Our Sovereign Lord the King, in the Sum of ---- Pounds of Lawful Money of Great Britain, to this Effect, That is to Say, Whereas ---- is Authorized by Letters of Marque, or a Commission for a Private Man of War, to Arm, Equip, and set forth to Sea, the Ship called the ---- of the burthen of about ---- Tons whereof he the said ---- goeth Captain, with Men, Ordnance, Ammunition and Victuals, to set upon by force of Arms, and to Subdue, Seize and Take the Men of War, Ships and other Vessells whatsoever together with the Goods, Monies and Merchandizes, belonging to the King of Spain, or to any of his Vassals and Subjects, or others Inhabiting within any of His Countries, Territories or Dominions whatsoever, and such other Ships, Vessels and Goods, as are or shall be liable to Confiscation, excepting only within the Harbours or Roads within Shot of the Cannon of Princes and States in Amity with His Majesty, and whereas he the said ---- has a Copy of certain Instructions Approved of and Passed by His Majesty in Council, delivered to him to Govern himself therein, as by the Tenour of the said Commission, and of the Instructions thereto relating, more at large appeareth. If therefore nothing be done by the said ---- or any of his Officers, Mariners, or Company, contrary to the true meaning of the said Instructions, but that the Commission aforesaid and the said Instructions shall in all particulars be well and truly performed and Observed as far as they shall the said Ship, Captain and Company any way concern: and if they or any of them, shall give full Satisfaction for any Damage or Injury which shall be done by them, or any of them, to any of His Majesty's Subjects or Allies or Neuters, or their Subjects: and also if the said ---- and his officers and Mariners shall duly and truly pay or cause to be paid to His Majesty, or to such Person or Persons as shall be by His Majesty Authorized to receive the Same, the Just Tenths or Tenth part, according to the due and Legal Appraizement of all such Ships and Goods as shall be by them or any of them taken or Seized, and shall be by due Course of Law Adjudged to be good and Lawful Prize: And also shall duly and truly pay or cause to be paid to His Majesty, or the Customers or Officers Appointed to receive the same for His Majesty, the Usual Customs due to His Majesty of and for all Ships and Goods so as aforesaid taken and Adjudged for Prize: And moreover if the said ---- shall not take any Ship or Vessel, or any Goods or Merchandizes belonging to the Enemy, or otherwise liable to Confiscation, thro' Consent or Clandestinely, or by Collusion, by Vertue, Colour or pretence of his said Commission; that then this Bail shall be Void and of None Effect and unless they shall so do, they do all hereby Severally Consent that Execution shall Issue forth against them, their Heirs, Executors and Administrators, Goods and Chattels, wheresoever the same shall be found, to the value of the said Sum of ---- Pounds, before mentioned. And, in Testimony of the Truth thereof they have hereunto Subscribed their names.

By His Majesty's Command.

HARRINGTON.[6]

A True Copy Exam'd per JOHN PAYNE D. Reg'r.[7]

[Footnote 6: William Stanhope, lord Harrington, afterward earl of Harrington, was one of the two secretaries of state from 1730 to 1742, and from 1744 to 1746.]

[Footnote 7: Deputy register of the vice-admiralty court in Boston.]

_127. (Draft of) Warrant to Governors to issue Letters of Marque. April 26, 1740._[1]

[Footnote 1: Public Record Office, Admiralty 1:3674.]

By the Commissioners for executing the Office of Lord High Admiral of Great Britain and Ireland, etc.

Whereas by an Act passed this present Session of Parliament (intituled, an Act for the more Effectual securing and encouraging the Trade of his Majesty's British subjects to America, and for the Encouragement of Seamen to enter into his Majesty's service)[2] it is, amongst other Things, therein enacted "That any Person or Persons in any part of America or elsewhere, by us impowered and appointed, shall, from and after the fourth Day of January, one thousand seven hundred and thirty nine, at the Request of any British Owner or Owners of any Ship or Vessel, giving such Bail and Security as have been usually taken upon granting Commissions, or Letters of Marque (except only for the payment of the Tenths of the Value of Prizes which shall be taken, to the Lord High Admiral, or Commissioners for executing the Office of Lord High Admiral for the time being) cause to be issued forth in the usual manner, one or more Commission or Commissions, to any Person or Persons whom such Owner or Owners shall nominate to be Commander; or in case of Death, successively Commanders of such Ship or Vessel, for the attacking, surprizing, seizing and taking, by and with such Ship or Vessel, or the Crew thereof, any Place or Fortress upon the Land, or any Ship or Vessel, Goods, Ammunition, Arms, Stores of War, or Merchandizes, belonging to or possessed by any of his Majesty's Enemies, in any Sea, Creek, Haven, or River",

[Footnote 2: 13 Geo. II. ch. 4.]

These are therefore to impower you, Edward Trelawny, Esquire, Governor of Jamaica,[3] and by these Presents we do impower and appoint you the said Edward Trelawny, Esquire, to cause to be issued forth, pursuant to the said Act, by Warrant under your Hand, and the Seal of the said Island, directed to the Judge of the Admiralty of the said Island of Jamaica, Commissions or Letters of Marque, at the Request of any British Owner or Owners of any Ship or Vessel, to any Person or Persons whom such Owner or Owners shall nominate to be Commander; or in case of Death successively Commanders of such Ship or Vessel; and to cause such Bail and Security to be taken as is directed by the said Act, and moreover to cause that, in granting such Commissions or Letters of Marque, all other Things be had and done conformable to, and as the said Act requires. For which this shall be your Warrant. Given under our Hands and the Seal of the Office of Admiralty this ---- Day of ---- 1740.

[Footnote 3: Governor of Jamaica from 1738 to 1752.]

To ----

_May it please your Lordships,_

This contains a Draught of an Instrument submitted to your Lordships, as proper to be signed, and issued out to the Governors of his Majesty's Colonies and Islands in America, prepared by me; pursuant to your Lordships Order of the 15th of April 1740.

E. ISHAM.[4]

April 26th 1740.

[Footnote 4: Edmund Isham, advocate general of the Admiralty.]

DUMARESQ VS. THE _AMSTERDAM POST_.

_128. Record of the Admiralty Court, and Libel. July 23, August 30, 1740._[1]

[Footnote 1: Records of the admiralty court, Boston, Suffolk County Court-house, vol. V.; see doc. no. 126, note 1. It is to be understood that the libel, and the other documents which follow, nos. 129-143, are to be found imbedded in the record of the case in the volume named, not separate. The case is interesting as showing some of the deceptions which might be, and often were, resorted to in time of war. War existed between Great Britain and Spain; the Dutch were neutrals. Briefly, the _Amsterdam Post_ was provided with two sets of papers, one Spanish, to be used in case she were overhauled by a Spanish war-vessel or privateer, one Dutch, to be used in case she fell into British hands. Robert Auchmuty was judge of the admiralty court in Boston from 1733 to 1747.]

At a Court of Admiralty holden at Boston before the Hono'ble Robert Auchmuty Esq., Judge of said Court, the 30th day of August A.D. 1740.

New Engl'd } Prov. of the Massa's Bay } Boston, July 23, 1740.

To the Hono'ble Robt. Auchmuty, Esqr., Jud. of Vice Adm'ty.

The Libel of Philip Dumaresq,[2] Commander of the Private Man of War Sloop _Young Eagle_ of Boston, Sheweth,

[Footnote 2: Philip Dumaresq, son of Elias Dumaresq, seigneur des Augres in the island of Jersey, and of Frances de Carteret, came to Boston before 1716, and died there in 1743 or 1744. He was one of the first vestrymen of Trinity Church.]

Whereas on the 23d of Octob'r last his Majesty Caused Publick Proclamation to be made of an Open War with the King of Spain, requiring all his officers and Soldiers to do all Acts of Hostility in prosecution of this War against the King of Spain, his Vassals and subjects, and afterwards on the 15th of January last the said Philip, Commander of the sloop aforesaid, and her men, being duly Commissioned with Letters of Marque and Reprisals against the King of Spain, his Vassals and Subjects,[3] to attack, Seize, Take and make Prize of their Ships, Vessells and Goods, met with the Sloop the _Amsterdam Post_ about three or four Leagues off of the Grand Canary Island, standing in for Santa Crux in Teneriffe[4] in the King of Spains Dominions, Commanded by AEneas Mackay, a British Subject but made free of Amsterdam, man'd with British Subjects and furnished with various Papers and Evidences to make her seem to be either an English or Dutch Sloop, as might best suit the occasion, and upon Examination finding that she was the Property of certain Subjects of the King of Spain or Inhabitants of the Canaries within his Dominions, and by them during this present War sent from Teneriffe aforesd to Cork in Ireland and there Laden with thirty nine Barrells of Beef, Forty Barr'ls of Pilchards, eighty nine BBlls of Butter, fifty four boxes of Candles, a hundred eighty nine Hides of Leather, five Bar'ls of Hatts, two Boxes of Soap and five Bar'ls of Wax for acco't of the same owners and was then returning directly to Teneriffe for their Supply, He the said Philip therefore Seized and Took the sd Sloop _Amsterdam Post_ and her Cargo as a Lawfull Prize, as he Lawfully might do, Wherefore the said Philip Dumaresq prays the consideration of this Hono'ble Court upon the premises properly and only in their Cognizance, that a Short Day[5] may be assigned to Hear and pass upon this Libel and Matters therein contained and that the said Sloop and Cargo may be Decreed and declared a Lawfull Prize, etc.

JNO. READ. W. BOLLAN.[6]

[Footnote 3: The commission from Governor Belcher, Aug. 24, 1739, is printed in [Augustus Thorndike Perkins], _A Sketch of the Family of Dumaresq_ (Albany, 1863), pp. 15-16.]

[Footnote 4: The harbor of Santa Cruz is on the side of Teneriffe toward the Grand Canary.]

[Footnote 5: An early date.]

[Footnote 6: Two of the leading lawyers of the province. Read had been attorney general and was now a member of the council. Bollan, Governor Shirley's son-in-law, was for many years agent of Massachusetts in London.]

1740, July 23d, filed and allowed, and ordered that Publick Notifications be Posted upon the Sloop _Amsterdam Post_ and at the Town House, for all Persons Claiming Property in the said Sloop to Appear at a Court of Admiralty to be holden at Boston on Friday next at 10 a Clock A.M. To Make out their Property.

ROBERT AUCHMUTY, Judge Ad'y.

Accordingly at the time appointed the Court was opened and the Libel Read, at which Time Collonel Wendell[7] appeared and offered some Papers to be Lodged in Court, which he rec'd from the Owners of the Sloop, which the Judge refused to admit of, But told him he might Claim the Vessell and Cargo if he wou'd do it as the Act of Parliament requires, which he refus'd and said he Intended to put the Bonds[8] in Suit when he had proper Powers.

[Footnote 7: Col. Jacob Wendell (1691-1761), great-grandfather of Dr. Oliver Wendell Holmes. Born in Albany, of Dutch descent, he might naturally be invoked to aid Amsterdam owners.]

[Footnote 8: _I.e._, the bonds of the privateer; see doc. no. 126, sect. XV.]

Publick Proclamation was then three Times Solemnly Made for all Persons claiming Property in the Sloop _Amsterdam Post_ and Cargo to make their appearance and they shou'd be heard, but none appeared; The Court was then Adjourn'd to Wednesday the 13th of August next at ten a Clock a.m., and the Judge ordered notifications to be Posted up as before for all persons claiming property to appear if they see cause.

The Court was opened on the 13th of August according to adjournment, and Proclamation Three Times Solemnly made for any Claimer to appear, whereupon Collo. Wendell Appeared in Court and Claim'd the said Sloop in behalf of Mr. Peter Devernet of Amsterdam, Merchant, which the Judge allow'd of upon his giving Security as the Act requires. The Court was then Adjourned to Wednesday morning at Seven a Clock, at which Time it was opened and the Libel Read, and Jacob Wendell, Esqr., in behalf of Peter Devernet of Amsterdam, Merch't, and his son Isaac Devernet of Santa Crux, Merch't, Claimed the said Sloop's Cargo as their Property. The Court was then adjourned to Monday the 18th Curr't at Seven a Clock a.m., at which Time it was Opened, when Jacob Wendell, Esqr., in Open Court made oath that he verily believed that Peter Devernet of Amsterdam, Merch't, in behalf of whom he claims the sd Vessell, was at the time of the Capture sole owner thereof, and also that the Cargo on board said Sloop was owned by the said Peter Devernet and his son Isaac, then Resident at Santa Crux in the Island of Teneriffe, Merch't. At the same time Collo. Wendell gave the following Bail, viz....

John Rous,[9] Late Lieuten't of the Sloop _Young Eagle_, Commanded by Capt. Philip Dumaresq, being Examined upon oath before the Hono'ble Robt. Auchmuty, Esqr., Judge of his Majestys Court of Vice Admiralty, as to the following Interrogatorys made the following answers.

[Footnote 9: This privateer subsequently became a captain in the royal navy. He distinguished himself in both the naval expeditions against Louisbourg, in 1745 and in 1758. Charnock, _Biographia Navalis_, V. 412-414. See also doc. no. 160, note 1.]

_Interro. The First._ Was the Sloop called the _Amsterdam Post_, AEneas Mackay Master,[10] taken as a Prize, by whom, when and where?

[Footnote 10: The connection of the Scottish Mackays with Holland has been long and important. Aeneas Mackay, son of the Scottish Lord Reay, entered the military service of the Dutch Republic in 1684, and rose to be general of the Scots Brigade; and for a hundred years, as long as that organization continued to exist (_The Scots Brigade in Holland_, Scottish History Society, _passim_) there was always at least one Aeneas Mackay among its officers. In our own time Baron Aeneas Mackay was prime minister of the Netherlands. This shipmaster would be some humble member of the clan.]

_answer._ on the 15th day of January last this Depon't, who was Lieutenant of the Sloop _Young Eagle_ but at that Time Commander thereof in the absence of Philip Dumaresq the Captain, about three or four Leagues off the Grand Canary Island took the Sloop in this Interro. mention'd, standing in for Santa Crux in Teneriffe, and came last from Corke, and as the Master thereof said to this Depon't was bound to Madera,[11] but then going into one of the Canary Islands to get water, whereupon this Depon't sent his then Lieuten't on board, who Inform'd this Depon't that there was one Cask full of Water and another runing out and that he stopt the same and afterwards they found water sufficient to serve them in their Passage to Madera which was ab't three Weeks.

[Footnote 11: _I.e._, to a Portuguese, neutral, port.]

_Interro. 2d._ What was the Lading of the Sloop _Amsterdam Post_?

_Answer._ She was Loaded with Beef, Butter, Hatts, Shoes, Candles, Soap, Hides and some Pilchards, and for greater Certainty this Depon't referrs himself to the Bills of Lading.

_Interro. 3._ Are the Papers now produced before you and now Lodged in this Court, the Papers that were taken on Board the said Sloop as you know, or have heard, how, and in what manner?

_a._ This Depon't did not go on board said Sloop when taken and therefore can't say of his own knowledge that these are the Papers taken on board, but verily believes they are, for these Papers were sent to this Depon't by his Lieuten't from said Vessell some short Time after she was taken, and two of the Papers, namely, an English Mediterranean Pass[12] and a Paper in Spanish Importing a Clearance, as this Depon't was Inform'd by his officers whom he sent on board, was found between two Bed Bottoms belonging to the Master of said Sloop, and afterwards this Depon't saw the very place where they sayd the Papers were Concealed.

[Footnote 12: See doc. no. 141. A pass from the Admiralty, which, in accordance with the treaties between Great Britain and the Dey of Algiers, English vessels entering the Mediterranean had to carry in order to be exempt from search by the Algerine corsairs. Such a pass, of 1750, is printed in Marsden, _Law and Custom of the Sea_, II. 347-348. A full set of ships' papers seems to have consisted, at least in Dutch practice, of a bill of health (see doc. no. 197), a sea-letter or let-pass (docs. nos. 129, 130), a muster-roll (_role d'equipage_) or shipping-articles of the crew, and a clearance for the cargo.]

_Interro. 4._ Did you hear the sd Master of the Sloop aforesd Declare where he took in his aforesaid Loading?

_A._ This Depon't at Divers times heard the said Master Acknowledge and Declare that he took in his aforesd Loading at Corke in the Kingdom of Ireland, and also that he went from Teneriffe to Corke, where he purchased sd Loading, and was to return with the same immediately to Teneriffe, where two of his owners were Inhabitants and one other owner an Inhabitant of Holland.

_Interro. 5._ What was done with the Cargo after the Vessell and Cargo was thus taken?

_A._ All the Cargo with the Vessell was Carried into Madera and all or the greatest part of sd Cargo was Landed there.

_Interro. 6._ Is the Sloop now under Seizure the same Sloop that was thus taken?

_A._ Yes.

_Interro. 7._ What became of the hands belonging to said Sloop?

_A._ Two of them went on board the Man of War there, and two others went on board this sd Privateer, and the Mate was carried to Gibraltar, where he heard he ran away.

_Interro. 8._ Do you know or have you heard what Nation those hands were of?

_A._ The Master, Mate and one hand more he understood to be Scotch, two hands more to be Irish, one Boy belonging to London and a Portugueze or Spanish negro man.

_Lastly_, Do you know anything further relating to sd Vessell and Cargo or any other former Voyages the said Vessell had made and where to?

_A._ He heard the Master acknowledge he had been upwards of two years Master of said Vessell, during which Time he always used the Canary Trade, and always acknowledged his Vessell belonged to England till the last Voyage.

JOHN ROUS.

1740, August 12th. John Rous, the Subscriber to the aforegoing, made oath to the Truth thereof Before Me.

ROB'T AUCHMUTY, Judge Ad'y.

Captain Rous being Sworn in Court acknowledged his Examination already taken was the Truth. He also Declared there was Water enough on board the Sloop _Amsterdam Post_ to carry her into Madera, and actually served them for that purpose, viz. three of said Sloop's Crew and five belonging to the Privateer, which was one more than was on board at the time of the Capture; That Capt. Mackay was summoned by a Portugueze officer from the Consul[13] at Captn. Dumaresqs request, as Capt. Mackay told him, to go in the Privateer Sloop to Gibraltar in order for a Tryal; that Capt. Mackay told him he sailed from Holland to the Canaries two years as an English Man, and that he never sailed under Dutch Colours till the War with Spain; That Capt. Mackay told him that the Sloop at the time of the Capture belong'd to Mr. Devernet of Amsterdam and his two sons who lived at Teneriffe, who were all Frenchmen. That to his knowledge he never saw any of the Cargo Landed at Madera; that his Lieu't Immediately upon the Capture brought the Papers of the said Vessell to him, who having first perused them Sealed them up; that some short time after the said Mackay exprest to him his Desire, in case a certain Paper was found on board, that it would be useless to this Depon't, and that he would have it Concealed, whereupon this Depon't asked him what the Paper was and where in the Vessell it could be found, but the said Mackay would not inform him, and this desire of the said Mackays he repeated several times, and in about two Days after there was brought to this Depon't by John Teit, who acted as Mate on board the said Prize, two Papers from on Board, viz. an English Mediterranean Pass wherein the said Master and Sloop was named, and a Spanish Clearance as of an English Vessell, which was found as he said as mentioned by this Depon't in his former Examinat'n, and afterwards the said Mackay repeated his Desire in case a certain Paper, not naming it, should be found not to show it to any--Whereupon this Depon't Informed him that he had got what he meant and shew'd him the said Pass and Clearance, and then the said Master again pressed him not to shew the same to the Consul. That upon his arrival at Madera he Delivered the Papers so found and Seal'd up, together with the said Pass and Spanish Clearance, to Capt. Dumaresq in the Consul's House, that Capt. Dumaresq then delivered them to the Consul, who broke open the Seal and perused the Papers together with Capt. Dumaresq; and that he verily believes the Papers now in Court are all the Papers he so delivered up, excepting the said Pass.

[Footnote 13: The British consul at Funchal, Richard Baker; see docs. nos. 140, 141.]

The Court was then adjourn'd to the 21st of Aug't Curr't at 7 a Clock a.m., at which time it was opened, when Michael Dumaresq being first Sworn Declar'd that his Examination already taken was the Truth. He further Declared that when Capt. Dumaresq arrived at Gibraltar he heard him say he wou'd go to the Govern'r,[14] to the Admiral,[15] and to the Judge of the Admiralty, that accordingly he saw the Captain go to Sir Chaloner Ogle, who was the Admiral, and to the Governour; that he heard Capt. Dumaresq Say the Admiral told him he believ'd the Vessell would be condemn'd; and that the Person called the Judge of Admiralty at Gibraltar, upon Capt. Dumaresq application to him for a Tryal, told him he had no Commission or Instructions to Try any Capture but expected the same from England every Day; That upon the arrival of the Sloop _Amsterdam Post_ at Madera there was an officer put on board her from the Provedore[16] and Judge of the Poor, that he remain'd on Board till other officers came on Board and unladed the Vessell and that Capt. Dumaresq paid the officer two Bitts[17] a Day and his Victuals during his Stay on Board.

[Footnote 14: Lieut.-Gen. William Hargrave.]

[Footnote 15: Rear-Adm. Sir Chaloner Ogle, afterward distinguished in the Cartagena expedition, and admiral of the fleet. See doc. no. 117, note 14.]

[Footnote 16: Superintendent.]

[Footnote 17: Two reals, or a quarter of a dollar.]

Abraham Martin, being Sworn in Court, Declared that his Examination already taken was true. The Court was then adjourn'd to Saterday the 23d Curr't at half an hour past 2 a Clock p.m., at which time it was open'd and several Papers were produc'd and Read in Court, which are as follows, viz.

_129. Sea-letter of the Amsterdam Post. September 22, 1739 (N.S.)._

To all Potent Kings, Queens, Princes, Princesses, Dukes, Lords, etc., who may see this open Letter or may hear it Read, We Magistrates and Rulers of the City of Amsterdam Declare that AEneas Mackay of Amsterdam appeared before us and on Oath Solemnly Declares, That the Vessell named the _Amsterdam Post_, burthen about Twenty Lasts,[1] of which he is Master, belongs to a House in this Province, and that no Foreign Enemy has any part in her Directly or Indirectly, as he hopes to answer it to Almighty God, and as We are Desirous that the aforementioned Master should follow his Lawfull Calling, it is our Desire of all whom it may concern that the aforementioned Capt'n with his Sloop and Lading may be well received and treated handsomely, and have Liberty to proceed to and from any Port he may chuse, in a Lawful Trade, Which We desire and are willing he should do, and have caused this City Seal to be hereunto affixt. this Done the 22d of Sept'r, Ao. 1739.

P. DE LA COURT.

[Footnote 1: A last was two tons.]

By the Lords of the Admiralty No. 5649. HARTUNCK.[2]

[Footnote 2: Copyist's or translator's error for Hartsinck. Jan Jacob Hartsinck, afterward president of the Dutch West India Company, was from 1724 to 1762 clerk of the Admiralty of Amsterdam. Elias, _De Vroedschap van Amsterdam_, II. 910. The Dutch Republic had five navy boards, of which the Admiralty of Amsterdam was the most important.]

The required Oath is taken in the Passport Sept. 23d 1739.

_130. Let-pass of the Amsterdam Post. September 23, 1739 (N.S.)._

Lett Pass the Sloop _Amsterdam Post_, AEneas Mackay Master, with his Passengers, Goods and Merchandizes, without Lett, Hindrance, Searching or Molestation, it appearing to us by good Witnesses that the said Sloop belongs to One under the State of the Netherlands. Given under our Hand and Seal at the Admiralty in Amsterdam this Twenty third Day of Septemb'r In the Year of Our Lord one thousand seven hundred and thirty nine.

P. FECLELOOT.[?]

To all Persons whom this may Concern. Per order of the Lords of the Admiralty. A. BACKER Jan'ry.

_131. Tonnage Certificate of the Amsterdam Post. September 24, 1739 (N.S.)._

We, underwritten, ordered by the Lords of the Admiralty of Amsterdam to Tax and Visit the Vessells that go to Sea from Texell,[1] Declare by this That AEneas Mackay of Amsterdam, Master of the Sloop _Amsterdam Post_, has given us the length of his Sloop, being within Board 50-1/2 feet, Breadth 15-3/4, feet in the Hold 8 feet, and twelve years old, and We Tax her to be Twenty Lasts. Visited her in Amsterdam, Septemb'r the 24th, 1739.

PIETER KANSEBOOM.

[Footnote 1: The island and passage where Amsterdam vessels made their final exit from the Zuyder Zee into the North Sea.]

The Last Money[2] paid April 13th 1739.

P. HENKES. WM. CAMPER.

[Footnote 2: Tonnage dues.]

_132. Aeneas Mackay's Oath as a Burgher of Amsterdam. September 16, 1739 (N.S.)._

You do swear that you will be a good and faithfull Porter[1] of this City and will be obedient to such Rulers, as shall from time to time be appointed, in this Place, in watching and discovering all attempts that may be made against the Rulers or People of this Place, and that you will at all Times Exert yourself in the defence of this City, and do all that becomes a good and honest Porter in Discovering any Designs. So Help you God.

[Footnote 1: Dutch _poorter_, burgher.]

AEneas Mackay of London, Captain, has taken the above Oath and the Lords Thesaurieren[2] have received the Porter money. Dated in Amsterdam, Sept'r 16, 1739.

JOAN THIERRY.[3]

[Footnote 2: Treasurers.]

[Footnote 3: Secretary of Amsterdam from 1717 to 1771. Elias, _Vroedschap_, II. 572.]

_133. Lease to Aeneas Mackay. October 2, 1739 (N.S.)._

On the Second of Octob'r 1739 Thomas Hall Lett a Chamber to Capt. AEneas Mackay, whom also acknowledged to have hired the same, in his House at the Sign of the Bible in New Bridge Street,[1] For one year certain, and went into the same the third Instant, at Fifty Gilders to be paid every year, and in case no one appears in Octo. 1740 then We agree that it shall be in the Power of the Letter,[2] to lett the same to any other Person, and they may View the same. We have each bound ourselves according to the Custom of this Place. In Testimony of the Truth We have each bound ourselves to Each other in those Bonds.

[Footnote 1: Nieuwebrugsteeg, still so called, in the northwest part of old Amsterdam. The "new bridge", to which it led from the eastward, dated from at least 1421.]

[Footnote 2: Lessor.]

Dated as above 1739.

THOS. HALL.

_134. Certificates of Master and Mate and Register. October 8, 1739 (N.S.)._

We the underwritten, Master and Mate, Designing by God's help to proceed on a Voyage to the Canaries per the _Amsterdam Post_, attest and here Declare That We have no other Goods in our Sloop, nor any Wares or Merchandize whatsoever, according to the best of our knowledge, than only such as appears by the Manifest which We have Delivered to this office to be Inspected into, and that according to our knowledge there has been no fraud committed, nor any of our Goods were taken in, till first the Lawfull Dutys were paid, and We further Declare that the Goods We have now given an acco't of is a true and Just acco't, and that we will not receive any more on Board, unless the Persons bring their Passport from this office[1] that they have paid the Dutys, to which have hereunto Signed our Hands October 8th, 1739.

AENEAS MACKAY. GEORGE JANSE.

[Footnote 1: _I.e._, the register's office at the Texel.]

We the underwritten, Commissioners of the Registers office, Attest and declare that We have Visited the Sloop of AEneas Mackay and the Goods Laden on Board her, and find that the Goods all agree with the Manifest they gave in of the same, and We do acquit the above written Capt'n and Mate, by Declaring the acco't they have given in and which they have signed to be true and Just. Done at Texell the Date and Year above.

J. TUNING.

Mr. John Wendell, Jun'r,[2] who Translated the several Dutch Papers in the Case, made oath that he had Translated the same according to his best skill and Judgement.

[Footnote 2: Nephew of Col. Jacob Wendell and, like him, a Boston merchant born of a Dutch family in Albany.]

_135. Extract from Capt. Mackay's Journal.[1] November 14, 1739._

[Footnote 1: The heading which the document bears in the admiralty court records.--It is a sign of Captain Mackay's imperfect Dutchness that he keeps his journal by old-style or English dates, not by the new-style dates which had since 1583 been customary in Holland; for (see the next document) Thursday, Nov. 15, 1739, was Nov. 15, O.S.]

At two yesterday afternoon We see Cape Clear and the fastnie[2] bearing of us n.e. about two Leagues, at 4 Do. it bore of us N.E.B.E.[3] about 5 Leagues. Tacked and stood to the Eastward. We lay up S.E.B.E. till 8 in the Evening, from 8 to 12 m.n. E.S.E. We had a very hard Gale at S. with a very great Sea. at half an hour past three this morning a sea broke over us and carry'd away our Boom and Mainsail. We layed the Helm to Lee and kept to w't the Jib but the Gale increasing We Try'd Hull to. at 5 in the morning the Breakers seemed close under our Lee and ahead. We hoisted the Jib to try if possible to clear the Danger, but our Endeavours were fruitless, the Jib gave way so that We had no Sail left but the Fore Sail, and nothing appeared in our View but Unavoidable Death. We had the Breakers on each side and an Opening seemed to be ahead. We bore up for it and drop't an anchor, which did not hold, the Rocks and Breakers being all round us and the Night excessive Dark added Dread to the Terrours of Death, But the Mercifull God opened a Door of Safety for us when We were in the utmost Distress, for as We were going Right in among the Rocks We see a small opening on the Larboard hand. We hoisted the Fore Sail and Cut the Cable and Looft[4] into the Opening and were Immediately aground in a very smooth sandy Cove. at seven in the Morning when it cleared for Day We see some People on the Shore. We got the Boat out and brought two of them on Board. They directed Me to Apply to one Col. Townsend of Castle Haven,[5] which is four Miles from Finis Cove,[6] the Place where We are on Shore, etc.

[Footnote 2: Cape Clear and the Fastnet Rock form the southernmost extremity of Ireland.]

[Footnote 3: Northeast by east.]

[Footnote 4: Luffed.]

[Footnote 5: The Townshends were the leading people of Castlehaven, living at Castletownshend, from Cromwell's time to ours. This was Col. Richard Townshend. Richard and Dorothea Townshend, _An Officer of the Long Parliament and his Descendants_, pp. 150-151, with portrait.]

[Footnote 6: Between Castlehaven and Baltimore, and four miles south of Skibbereen. The rocky coast in just this region inspired Swift's once celebrated poem, _Carberiae Rupes_ (1723).]

_136. Protest of Capt. Mackay. November 15, 1739._

To all Christian People unto whom this Publick Instrum't of Protest doth come or may Concern, Be it known and Manifest that this Day there came and Personally appeared before me, Thomas Lucas, Gent'm, Notary and Tabellion Publick in and throughout the Kingdom of Ireland by Regal Authority, Lawfully Admitted and sworn at Skibbereen[1] in the County of Cork and Kingdom aforesd, George Johnston, Mate, Joseph Hall, Boatswain, William Cromie, Mariner, belonging to the good Ship or Vessell called the _Amsterdam Post_, burthen Forty Tuns, whereof AEneas Mackay is Master, and Voluntary made oath on the Holy Evangelist That on the Twenty eighth Day of Octo. last they sailed with said Vessell from the Canaries bound to Corke, and met with very bad Weather on their Voyage; that on Thursday the Fifteenth of this Inst. Novemb'r,[2] ab't three of the Clock in the Morning, the Weather being very desperate, they lost their Main Boom and anchor and one third of a Cable of[f] the Stage of Castle Haven, and all the Sails much Damaged; and that about five of the Clock in the morning the Vessell was stranded at Finins Cove near Castle Haven Harbour, where the Vessell now lyes; that by the Violence of the Weather they have reason to Suspect they have Received great Damage. Wherefore the Notary, at the Special Instance and Request of AEneas Mackay, Master, George Johnston, Mate, Joseph Hall, Boatswain, and Wm. Cromie, Mariner, have Protested, as by these Presents I Do Protest against the Seas and Winds for all Losses, Damages, Prejudices or hindrances whatsoever known or as yet unknown which the Ship or Vessell, or the Owners, Freighters or Insurers, or any other Person or Persons has Sustain'd or Received or hereafter may Sustain or receive. In Testimony of which I the Notary aforesaid have hereunto sett my Hand and Seal of Office this Fifteenth Day of November One thousand seven hundred and Thirty nine.

AENEAS MACKAY. THOS. LUCAS, GEORGE JOHNSTON. Notar. Public. JOSEPH HALL. WILLIAM CROMIE.

[Footnote 1: "Skibbereen is a small market town, where the Collector, Surveyor, and other Officers of the port of Baltimore reside", (_i.e._, since the destruction of Baltimore by the Barbary corsairs in 1631). Ch. Smith, _Antient and Present State of the County and City of Cork_ (Dublin, 1750), I. 280. Hence Mackay would go there to make this declaration of damage by storm, called in maritime law a protest.]

[Footnote 2: See doc. no. 135, note 1.]

_137. Extract from Capt. Mackay's Journal. November 16, 1739._[1]

[Footnote 1: The heading which the document bears in the admiralty court records.]

From Yesterday at 6 in the Evening to this Morning at 8 a Clock I have been in continual Dread by reason of some Shabby Gent'n who staid on Board at Night and frequently seem'd to hint Concerning Money, of which I had indeed a large quantity but pleaded Poverty to them, but to my great Surprize at One in the Morning I found my own People Deserting of Me and had already sent one Chest on Shore, thereupon I immediately threatnd to Kill the first that would attempt to leave Me in that Distress. Fear kept them Aboard.

_138. Certificate of Clearance. December 4, 1739._

PORT CORK,

Know Ye, That Will'm Winthrop[1] enter'd on the _Amsterdam Post_ of Amsterdam, AEneas Mackay Master, for Madera, Sixty Bar'ls Beef,[2] One hundred and ten F'kins cont[aining] Fifty seven hundred wt Butter, Seventy Boxes cont[aining] Thirty five hundred wt Candles, One hundred eighty Tann'd Hides and Forty Ters[3] Pilchers. Custom paid. Witness our Hands and Seals of Office the 4th of Decemb'r 1739.

RICH'D FENTON, Coll.

WILL. DOBBIN, Dep'y [Cudr?] and Coll'r.

Endorsed 1739 Xbr[4] 7th Exam'd per Ben Roberts, Ld. Wt.,[5]

Cove Dec'r 11, 1739 Exam'd per Rich'd Toler, [Scr.][6]

[Footnote 1: Sheriff of the city of Cork in 1741, mayor in 1744. He was descended from an uncle of Governor John Winthrop.]

[Footnote 2: "For packing, salting, and barreling beef, this city gives place to no other in Europe." Exports in 1743, 86951 barrels of beef, and similar amounts of butter, hides, and tallow. It was a place of 70,000 inhabitants, and the customs revenues were L50,000. Smith, _Cork_, I. 412, 410, 407.]

[Footnote 3: Tierces; the libel (doc. no. 128) says forty barrels.]

[Footnote 4: December.]

[Footnote 5: Landwaiter.]

[Footnote 6: Qu. Sur., for surveyor?]

_139. Declarations of Sailors. 1740._

I Do Declare that I am a Servant to the Captain of the Sloop _Amsterdam_ and has been about Twenty Months, and in the Mean time has been four Voyages betwixt Canaries and Amsterdam, and the last Voyage We went to Cork and from thence I always thought We was going to Teneriffe, hearing all our Men Say the was Shipped for that Place, and am willing to give my oath if occasion. As Witness my Hand

WILLIAM YOUNGER.

I Do Declare that I was Shipped in the City of Corke by Capt. Aeneas Mackay in the Sloop _Amsterdam Packett_, bound to Teneriffe and from thence if the Captain thought proper to Cork and Amsterdam, and to receive Thirty three shillings per month Irish Money, which I will give my oath if occasion, which I have here sett my Hand.

his DARBY [wavy line] SHE. mark

I Do declare that I was Shipt by Capt. AEneas Mackay in the Sloop _Amsterdam_ to the Island of Teneriffe and to receive fourteen Gilders per month. We proceed[ed] our Voyage, but before We Sailed from thence he told us he was bound to Cork, which I consented to go with him, and at our Departure from Corke he told us he was bound again to Teneriffe, St. Cruize, where We came from, which if occasion I will give my Oath and has sett my Hand.

his mark JOHN [X] GORDING.

_140. Certificate of British Consul in Madeira. March 9, 1740 (N.S.)_[1]

[Footnote 1: It is to be presumed that all these documents originating in the Madeira or Canary Islands are dated according to new style.]

These are to Certify all whom it may Concern that upon the arrival of the Sloop _Amsterdam Post_ at this Island the Judge of the Poor applyed to Capt. Philip Dumaresq to have her Unloaded, there being no Salt Beef in the Place at that Time for Sale, to which the said Dumaresq answer'd that he could not consent to it till it was first Condemn'd by some English Admiral as good Prize, upon which the said Judge Applyed to the officers of the Chamber at their respective Houses and came back and told him that he should be obliged to it whether he wou'd or no, for that the Island was in great want thereof, and that he would give him a Certificate that they forced him to it, but to this day the said Dumaresq has not been able to obtain it, notwithstanding the said Judge has in my hearing several Times promised to give it to him.

As Witness my Hand in Funchal, Island of Madera, 9th March 1740.

RICHARD BAKER, Consul.

_141. Receipt for Mediterranean Pass. May 29, 1740 (N.S.)._

Receiv'd from Capt. Philip Dumaresq Command[er] of the Private Man of War Sloop _Young Eagle_, a Mediterranean Pass No. 2533,[1] Granted by the Hono'ble the Commissioners of the Admiralty of Great Britain the Eleventh Day of July, One thousand seven hundred and thirty eight, to AEneas Mackay, then Master of the Sloop _Amsterdam Post_, now taken as Prize by the abovesd Capt. Ph. Dumaresq. In Witness hereof I have Signed two Receipts, both of this tenour and Date, in the Island of Madera, the 29th May, 1740.

RICHARD BAKER, Consul.

[Footnote 1: See doc. no. 128, note 12.]

The Claimant in Court acknowledged the Certificate signed by the Consul touching the Delivery of the English Mediterranean Pass to him by Capt. Dumaresq to be the proper hand writing of Richard Baker, Esq., Consul at Madera, as also the Certificate of the Judge of the Poor's obliging Capt. Dumaresq to Unload.

_142. Certificate of British-Dutch Vice-Consul in Teneriffe. April 26, 1740 (N.S.)._

I Certify and avouch to all Gent. whom these Present may concern, That Don Peter Dufourd, Vice-Consul General for the French and Britannick Nations,[1] Appeared before Me, as also Don John Delake, John Whitefield and Don Issario Antonio Samer, Merch'ts residing in this Port, who say that the Sloop called the _Amsterdam Packett_, whereof Capt. Aeneas Mackay is Commander, has usually come to this Port; and that the said Sloop arrived here under Dutch [Colours] the 27 of October the year last past, 1739, and that the said Sloop sailed again for Amsterdam, consigned to the Divernetts, and that the said Sloop wore Dutch Colours, during the time she lay at anchor in this Road, and that said Sloop Sailed and Returned on her Voyage out of this Port under Dutch Colours; and that the said AEneas Mackay brought with him his Dutch Clearance and Passport, and that he the said Mackay is a Resident and Dweller in Amsterdam; and that the Cargo which he had brought and now did bring, did actually belong to Merch'ts in Holland Corresponding with the aforementioned Divernetts herein expressed, and that the aforesaid Don Peter Dufourd, as Vice-Consul General, did pass the Usual Visit of Health in the aforegoing Voyage; and that he[2] brought his Dutch Journal, which was set down in his Book as a Dutchman, and for this purpose he[3] holds his Vice-Consulship as well as being Employed Vice-Consul for the Dutch; and further saith that he the said Dufourd had been in Company with Isaac Divernett in the House of Don Arnold Vansteinfortt,[4] Consul General for the Dutch in these Islands, when the said AEneas Mackay shewed him his Papers, as he was Consul for that Nation, Manifesting his being Naturalized in Amsterdam, and for this reason he brought a Dutch Passport and Wore Dutch Colours; the Truth of which he declares before God, no person being able to say to the contrary, it being a Publick and known Truth, of what has been Declared, Signed by these Presents with the aforesd Vice Consul Gen'l and the afore mentioned Merch'ts of this Port of Santa Crux of Teneriffe, the 26th Day of April 1740. PETER DUFOURD, Vice Consul General, JOHN WHITEFIELD, ISSARIO ANTONIO SAMER, JOHN DELAKE, JOSEPH VRANES [Vianes][5] of Salas, Publick Scrivener.

[Footnote 1: And also for the Dutch Republic; see below. George Glas, in the "Description of the Canary Islands" appended to his translation of Juan Abreu de Galindo, _History of the Discovery and Conquest of the Canary Islands_ (London, 1764), says that the British and Dutch consuls were the only Protestants allowed to dwell in the islands. Santa Cruz was the centre for the foreign trade, and the governor resided there, on Teneriffe, though the bishop and the courts were at Palmas, on the Grand Canary.]

[Footnote 2: Mackay.]

[Footnote 3: Dusourd.]

[Footnote 4: See doc. no. 165, note 11.]

[Footnote 5: See _ibid._]

Compared with the Original before Me which is in my Power and office, and this I remit as a true Copy, the Day and Year aforementioned. In Testimony of the Truth,

JOSEPH VRANES of Salas, Publick Scrivener.

We do Declare and Avouch that Joseph Vranes, who has attested this Copy, is Publick Scrivener, and that full Faith is and ought to be given to all his Instruments of Writing and Dispatches, both here and abroad. Wherefore We have Signed this in Santa Crux of Teneriffe, the 29th of April, 1740.

JOSEPH PADILLA, JOSEPH ANTONIO SANCHES. Apostollick Notary. FRANCISCO DELGADA.

_143. Sentence of Admiralty Judge. September 1, 1740._[1]

[Footnote 1: Court proceedings here resumed, after insertion of documents in the record.]

Capt. Dixon, who Translated the Several Spanish Papers aforewritten, made Oath in Court that he had Translated them according to the best of his Skill and Judgment.

The Court was then Adjourn'd to the 25th Curr't at 8 a Clock A.M., at which Time it was Opened and both Parties fully heard by their advocates, after which the Court was Adjourn'd to the Thirtieth Curr't at 10 a Clock a.m., at which Time the Judge Decreed the Vessell and Cargo a Lawfull Prize, and on the first of September following delivered his Reasons for Adjudication in Open Court, which is as follows, viz.

I have duly Considered the Preparatory Examinations and all the Papers and Writings which were Sworn to be found and taken in and with the Capture (a Mediterranean Pass excepted) and also the Depositions given in Open Court, and likewise with great Deliberation weighed the Arguments of the Advocates, as well on the part of the Captor as on the part of the Claimant, and it appears to Me that the Sloop Libelled against was a British Bottom, Navigated by British Subjects, and that the Master thereof, AEneas Mackay, on the 11th of July, 1738, had Granted to him for said Sloop by the Right Hono'ble the Lords Commissioners for Executing the Office of Lord High Admiral of Great Britain a Mediterranean Pass No. 2533, which was found on board the said Sloop at the Time of the Capture. It also appears to Me that the said Master, on the 16th Septr., 1739, by the Name of AEneas Mackay of London, Captain, took the usual Oath of a Porter of the City of Amsterdam; that on the 22d of said Month the said Master before the Magistrates and Rulers of that City made oath that the Vessell aforesd., of which he was then Master, belonged to a House in that Province and afterwards the said Vessell in Holland as to her Clearing, Passport, Visiting, Taxing, etc., was Treated as a Dutch Bottom; that on the 2d of Octobr. following the said Master hired a Chamber in Amsterdam _for one year_, But in case no one appeared in October following then it should be in the power of the Lessor to Lett the same to another, and he Enter'd the Day following, and shortly after sailed in said Vessell to Teneriffe, from whence in a few Days he and his hands, British Subjects, and after the Proclamation of War, with Two Passes, viz. the said Mediterranean Pass and a Dutch Pass, sailed to Cork in the Kingdom of Ireland, having a Great quantity of Money, as appears by his Journal; there he purchases a Loading, Chiefly Provisions, Clears out for the Maderas, and accordingly had one Sett of Bills of Lading for that Port, to be delivered to William Callanach or to his assigns, who to Me appears to be a fictitious Person, and one other Sett of Bills of Lading for said Cargo to be Deliverd at the Port of C----[2] unto Divernett Freres, who plainly appeard to me then to be two Merch'ts Settled Inhabit'ts at Teneriffe, one of them since dead, the other there still Inhabiting; that on the 15th of January, 1739, the said Vessell was taken, as set forth in the Libel, with the said Papers and the Books of Acco'ts of the said Master, and by which acco'ts it turns out to my Satisfaction if those two Brothers the Devernets were not solely Owners they were Principally so. It further appears that the reason assigned by the Master, when taken, of being so near Teneriffe and setting in for that Port was for Water, when in Truth it's in Proof they were Letting out their Water Secretly, and after Stopt by the Captors there was Water for one hand more than the Crew belonging to the Sloop for three Weeks, which carried them into Madera, and if the Say of some of the Sailors is to be Credited they were Shipped at Corke for Teneriffe; and all this to Demonstration Shews which of those two Setts of Bills of Lading must be understood to be Real. It also appears in Proof, certifyed under the hand of the British Consul at Madera (whose name thereto subscrib'd is owned by the Claimant to be of his proper handwriting), that the said Cargo was there by force Unloaded, by Means Whereof not brought with the Vessell to this Port, So that in fine here is a British Master endeavouring to Commence Dutchman, a British Vessell with two Passes, British and Dutch, and to be occasionally[3] either a British or Dutch Bottom Navigated by British Subjects in time of War with Spain, Sails from Teneriffe with Money to Cork in Ireland, there purchases a Cargo of Provisions bound directly back to our Enemies, makes a false Clearance as if bound to Madera, has two Setts of Bill of Lading, the One which is Real to Deliver the Cargo at a Port part of the Dominions of a Prince in Enmity with us, and to Persons there Inhabiting who appear to be altogether or Principally owners, Carrying the King's Subjects to Enemies, whereby they by Menaces or Corruption or both may be drawn from their Allegiance, and happily is thus taken, and to have it a Question whether it's a Lawfull Capture or not is somewhat Extraordinary, for my part till I am better Informed from Home I shall never Ballance in Cases so Wickedly Contrived and contrary to the Conduct of plain Trading and Simple Honesty, But in Justice to my King and Country always Condemn, and if this Mackay was in Court, notwithstanding all his Subtlety and Double Dealing and his pretended Naturalization Certifyed from Teneriffe, as in the Case, I should order him in Custody till delivered up to the Government. Therefore on the whole I Adjudge and Condemn the Vessell and Cargo Libelled against as a Lawfull Prize, Entirely to belong to and be Divided between and among the Owners of the Sloop that Seized and Took her as aforesaid, and the several Persons which were on Board the same, in such Shares and Proportions as were agreed on with the Owners aforesd. and the persons thus entituled thereto by virtue of such agreement among themselves. And as to the Objection that the Cargo is not brought in the Vessell, the Manner of it's being forced from the Captor is Certified, and that this Court may notwithstanding proceed to Condemnation is not only the practice of the Court, but so known in the Kings Court, as in the Cases the King v. Broom, Brown and Burton v. Francklyn.[4]

ROB'T. AUCHMUTY, Judge Ad'y.

Examd per JOHN PAYNE, D.Reg'r.

[Footnote 2: Santa Cruz?]

[Footnote 3: _I.e._, according to occasion.]

[Footnote 4: Rex _vs._ Broom or Brome is in Comberbach's _Reports_ (1724), p. 444 (King's Bench, Trinity term, 9 Will. III.) and, more fully, in Carthew's _Reports_ (1728), p. 398, and 12 _Modern Reports_ 135. Broom, master of a ship of the Royal African Company, captured a French ship off the Guinea coast, sold ship and goods at Barbados, and kept the proceeds. Franklyn, the king's proctor, exhibited a libel against him in the High Court of Admiralty, for embezzlement of the admiralty perquisites belonging to the king. After sentence, Broom moved the King's Bench for a prohibition, to transfer the case to that court, but the prohibition was refused. The case of Brown and Burton _vs._ Franklyn (Hilary term, 10 Will. III.) was similar. Brown and Burton were masters of two ships of the East India Company, who had taken a rich French prize at the island of Johanna (see doc. no. 58, note 3) and taken the goods for themselves and left the ship there, without going to the trouble of having it properly condemned as prize. The case is reported in Carthew, p. 474.]

THE _REVENGE_.

_144. Commission of Capt. Benjamin Norton as a Privateer. June 2, 1741._[1]

[Footnote 1: Massachusetts Historical Society, in a collection of papers, to which several of the subsequent documents belong, presented to the society by the late Professor Charles Eliot Norton, great-grandson of Captain Benjamin Norton. This commission, or letter of marque, may be compared with one of 1782 (New York, loyalist), in Anthony Stokes, _View of the Constitution of the British Colonies_, pp. 340-347, and with the Portuguese letter of marque in doc. no. 14. This Benjamin Norton may have been a son of the one who figures in doc. no. 118.]

Richard Ward Esq Governour and Commander in Chief in and over his Majesty's Colony of Rhode Island and Providence Plantations in New England.

To all Persons, to whom these Presents shall come, Greeting.

Whereas his most Sacred Majesty George the Second by the Grace of God of Great Britain, France, and Ireland King, Defender of the Faith etc., hath been pleased by his Declaration of the nineteenth Day of October, in the year of our Lord One Thousand seven hundred Thirty and nine, for the Reasons therein contained, to declare War against Spain, And has given Orders for the granting Commissions to any of his loving Subjects, or others that shall be deemed fitly qualified in that Behalf, for the apprehending, seizing and taking the Ships, Vessels and Goods belonging to Spain, or the Vassals and Subjects of the King of Spain, or others inhabiting within any of his Countries, Territories, and Dominions, and such other Ships, Vessels and Goods, as are or shall be liable to Confiscation Pursuant to the respective Treaties between his Majesty and other Princes, States and Potentates, and to bring the same to Judgment in the High Court of Admiralty in England, or such other Court of Admiralty as shall be lawfully authorized for Proceedings and Adjudication, and Condemnation to be thereupon had according to the Course of Admiralty and Laws of Nations,

And Whereas Benjamin Norton Mariner and John Freebody Merchant both of Newport in the Colony aforesd. have equipped, furnished, and victualled a Sloop called the _Revenge_ of the Burthen of about One hundred and Fifteen Tons, whereof the said Benjamin Norton is Commander who hath given Bond with sufficient Sureties,

Know Ye therefore That I do by these Presents, grant Commission to, and do license and authorize the said Benjamin Norton to set forth in Hostile manner the said Sloop called the _Revenge_ under his own Command, And therewith by Force of Arms (for the Space of Twelve months from the Date hereof, If the war shall so long continue) to apprehend, seize and take the Ships, Vessels and Goods belonging to Spain, or the Vassals and Subjects of the King of Spain, or others inhabiting within any of his Countries, Territories or Dominions, and such other Ships, Vessels and Goods, as are or shall be liable to Confiscation Pursuant to the respective Treaties between his Majesty and other Princes, States and Potentates, and to bring the Same to such Port as shall be most convenient, In order to have them legally adjudged in such Court of Admiralty as shall be lawfully authorized within his Majesty's Dominions, which being condemned, It shall and may be lawful for the said Benjamin Norton to sell and dispose of such Ships, Vessels and Goods so adjudged and condemned in such Sort and manner as by the Course of Admiralty hath been accustomed (Except in such Cases where it is otherwise directed by his Instructions[2]) Provided always That the said Benjamin Norton keep an exact Journal of his Proceedings, and therein particularly take notice of all Prizes that shall be taken by Him, the Nature of such Prizes, the Times and Places of their being taken, and the Value of Them as near as He can judge: As also of the Station, Motion and Strength of the enemy, as well as He or his Mariners can discover or find out by Examination of, or Conference with any Mariners or Passengers in any Ship or Vessel by Him taken, or by any other Ways or Means whatsoever, touching or concerning the Enemy, or any of their Fleets, Ships, Vessels or

## Parties, and of what else material in these Cases that may come to his

or their Knowledge, of All which He shall from Time to Time as He shall have an Oportunity, transmit and give an Account unto me (or such Commander of any of his Majesty's Ships of War as He shall first meet with). And further Provided that nothing be done by the said Benjamin Norton or any of his officers, mariners and Company contrary to the true meaning of the aforesaid Instructions, But that the said Instructions shall be by Them, as far as They or any of Them are therein concerned, in all Particulars well and duly observed and performed, And I do beseech and request all Kings, Princes, Potentates, Estates and Republicks being his Majesty's Friends and Allies, and all others to whom it shall appertain to give the said Benjamin Norton all Aid, Assistance and Succour in their Ports, with his said Sloop and Company and Prizes without doing, or suffering to be done to Him any Wrong, Trouble or Hindrance, His Majesty offering to do the like, when by Any of Them thereto desired, Requesting likewise of All his Majesty's officers whatsoever to give Him Succour and Assistance as Occasion shall require.

[Footnote 2: See doc. no. 126.]

Given under my Hand, and the Seal of said Colony, at Newport aforesaid the Second Day of June Anno Dm. 1741, and in the Fourteenth year of his said Majesty's Reign.

RICHARD WARD.[3]

[Footnote 3: Governor 1740-1743.]

Sealed with the Seal of said Colony by Order of His Honour the Governour JAS. MARTIN, Secry.

Colony of Rhode Island etc. Newport 6th November 1741

The above and foregoing is a true Copy of the Commission granted Capt. Benjamin Norton for the Sloop _Revenge_ on a Cruise against the Spaniards etc. as the Same stands recorded in my office in the Book No. 4, Fo. 544 and 545.

Teste JAS. MARTIN, Not. Pub.

_145. Journal of the Sloop Revenge. June 5-October 5, 1741._[1]

[Footnote 1: Massachusetts Historical Society. This journal, parts of which were Published by Professor Norton in the _Atlantic Monthly_ for September and October, 1861 (VIII. 353-359, 417-424) was kept by Peter Vezian, captain's quartermaster (there were two quartermasters, one appointed by the captain and one elected by the crew).]

A Journal of all the Transactions on Board the Sloop _Revenge_ Benja. Norton Com'r by God's Grace and Under his Protection Bound on a Cruising Voyage against the Spaniards Begun June the 5th, 1741.

_Friday 5th._ This day att 4 AM. the Capt. went from Taylors Wharfe on Board his Sloop, which lay off of Connanicut.[2] at 6 oClock, Capt. John Freebody[3] Came off in the pinnace with Severall hands. We directly Weighed Anchor with 40 hands, Officers Included, Bound to New York to Gett more hands and a Doctor and some more provisions and other Stores we stood in need off. att 8 Hastings came off in his Boat and brought a hand with [him] John Swan by name to proceed the Voyage, all so Mr. Saml. Freebody went ashore in the Ferry boat. att 12 hailed the Sloop from Castle Hill.[4] Capt. Freebody went in the pinnace to him. he delivered him the Register of all his Officers Names which he had forgott. The Wind being Contrary was Obliged to put back again Came to an Anchor under Connanicut att 8 PM.

[Footnote 2: The long island lying just west of Newport, in Narragansett Bay.]

[Footnote 3: Of Newport, the chief owner.]

[Footnote 4: A height at the southwestern extremity of Newport, on which the colony had just erected a watch-tower.]

_Saturday 6th._ Weighd from Under Connanicutt att 4 AM. with a Small Breeze of wind. Mett severall Vessells bound to Newport and Boston. att 7 PM. Anchored Under Block Island over against the L10000 Pear.[5] Bought 10s. worth of Codfish for the people.

[Footnote 5: In 1735 the Rhode Island assembly had appropriated L1200 for building a new pier at the harbor of Block Island (_R.I. Col. Recs._, IV. 502, 508, 512), and had not appropriated more since; but since the progress made had not been great, the quartermaster may be speaking in the vein of sarcastic prophecy.]

_Sunday 7th._ About 4 AM. Weighd from Block Island mett a Conneticutt Sloop bound to York. kept Compa. with him all that day and Night and Munday the 8th Instant att 9 PM. Anchord in Huntington Bay.[6]

[Footnote 6: On the north shore of Long Island.]

_Munday 9th [8th]._ Weigh'd from Huntington Bay att 3 PM.[7] Saw the Same Sloop who had Sail'd all the Night. att 11 Came to the white Stone[8] fired a Gun and beat the Drum to lett them know what we was. the Ferry boat Came off and told Us that we Cou'd not Gett hands att York for the Sloops fitted by the Country[9] had Gott them all. att 12 Came to anchor att the 2 brothers.[10] att 4 took an Acct. of all the provisions on Board with the Cost together with a List of all the people on Board, as on the other Side.[10a]

[Footnote 7: Error for 3 A.M., probably.]

[Footnote 8: Whitestone Point, on the south side of the East River.]

[Footnote 9: _I.e._, by the province of New York; see under June 10.]

[Footnote 10: North Brother and South Brother islands, in the East River, just outside of Hell Gate.]

[Footnote 10a: See p. 384.]

Price a hand that Came with Us from Rhode Island askt Leave to Go to York to See his Wife. Sett a ---- Crazy fellow a shoar not thinking him fitt to proceed that Voyage, his name Unknown to me.

_Wednesday 10th._ This Morning about 5 AM. Capt. Freebody went up to York in the pinnace to Gett provisions and Leave to beat about for more hands. att 1 PM. the Pinnace Returned and brought word to the Capt. from Mr. Freebody that he had waited on his Honour the Govr.[11] and that he wou'd not Give him leave to beat up for Voluntiers. the Chief Reason he Gave was that the City was thined of hands by the 2 Country Sloops that were fitted out by the Council to Crueze after the Spanish privateers on the Coast and that his Grace the Duke of Newcastle had wrote him word[12] that if Admiral Vernon or Genl. Wentworth shoud writte for more Recruits to Use his Endeavours to Gett them, so that he could not Give Encouragem't to any privateers to take their men away. Three of the hands that went up to York left us, Viz. George Densey, John Holmes and William Webster. Att 4 PM. Edward Sampford our Pilott went a shoar in a Conoe with four more hands without Leave from the Capt. when he Came on Board again the Capt. talkt to him and found that he was a Mutineous Quarelsome fellow so Ordered him to bundle up his Clothes and Go a shoare for Good. he Carryed with him 5 more hands, Viz. Duncan McKenley, Foelix Burn, John Smith, Humphry Walters and John Taylor (poor Encouragement to Gett hands when they leave Us so fast). After they were Gone I read the Articles to those on Board who Readily Signed So hope we shall Lead a peaceable Life. Remains out of the 41 hands that Came with Us from Rhode Island, 29 hands.

[Footnote 11: George Clarke, lieutenant-governor 1736-1743.]

[Footnote 12: Newcastle's letter of Dec. 4, 1740, which Clarke had received May 7, 1741. _N.Y. Col. Docs._, VI. 187. It was doubtless similar to the letter of the same date to the governor of Rhode Island, printed in Miss Kimball's _Correspondence of the Colonial Governors of Rhode Island_, I. 187. Newcastle was secretary of state. Vernon and Wentworth had already failed to capture Cartagena, but this was not yet known in New York.]

* * * * *

_Account of the Provisions taken on Board the Sloop Revenge att Rhode Island, Viz._

Beef 50 bb. at L7. 10 per bb. L375 Pork 18 bb. L12 per bb. 216 Flowr 64 bb. L8 per bb. 512 Bread 50 C. L4 per C. 200 Beans 10 bus. 8 Rum 100 Gall. 10s. per Ga. 50 Sugar 1C.2[13] L8 per C. 12 Hogs fatt a Cagg[14] 7 ----- L1380 =====

[Footnote 13: _I.e._, one hundred (112 lbs.) and two quarters (56 lbs.).]

[Footnote 14: Keg.]

_List of People on Board the Sloop Revenge who Saild with us from Rhode Island._

------------------+---------------+ Names | Quality | ------------------+---------------+ John Freebody | Passenger | Benjn. Norton | Commander | Elisha Luther | Master | Peter Vezian | Capt. Qr. Mr. | John Gillmore | Mate | James Avery | Boatswain | John Griffith | Gunner | Edwd. Sampford | Pilott | Robert Little | Carpenter | Humphry Walters | Marriner | Duncan McKinley | Do. | James Barker | Do. | Thos. Colson | Do. | John Holmes | Do. | James Ogleby | Do. | Andrew Wharton | Do. | Saml. Webster | Do. | Joseph Frisle | Do. | John Swan | Do. | Benj. Blanchard | Mariner | Alexr. Henry | Do. | Jno. Brown | Do. | James Mackon | Do. | Timothy Northwood | Do. | George Densey | Do. | John Smith | Do. | Gideon Potter | Do. | John Bennett | Do. | John Taylor | Do. | Foelix Burn | Do. | Joseph Ferrow | Do. | William Austin | Do. | William Frisle | Do. | William Higgins | Do. | John Wright | Do. | Richard Norton | Capt. Negro | Edward Almy | Cook | Saml. Kerby | Mate Negro | Danl. Walker | Negro | ------------------+---------------+

* * * * *

_Thursday 11th._ Att 6 AM. I went to York by Order of the Capt. to wait on Capt. Freebody. he wrote to Our Capt. to know if he thought proper to Come to York or Return back again thro the Narrows. he left it Intirely with him to determine. Returned about 2 PM. brought some fresh provisions on board.

_Friday 12._ Went to York with a Letter from the Capt. to Mr. Freebody who Ordered the Vessell up to York. Three of Our hands left me to See some Negroes burnt, Viz. Joseph Ferrow, John Wright and Benjn. Blanchard.[15] took a pilott in to bring the Vessell up and so Returned on board att 3 PM.

[Footnote 15: The _Revenge_ arrived at New York at the very height of the trials for the "Negro Conspiracy", for which, after extraordinary public excitement, thirteen negroes were burned at the stake, eighteen hanged, and seventy transported. On this day, June 12, the three white principals, John Hughson, his wife, and Margaret Kerry, were hanged, and three negroes, Albany, Curacao Dick, and Francis, were burned. Daniel Horsmanden, _Journal of the Proceedings in the Detection_, etc. (New York, 1744).]

_Saturday 13._ Att 5 AM. weighd from the 2 Brothers and went to York att 7. Anchor'd off the Town. Saluted it with 7 Guns. Shipt 7 hands to proceed the voyage, Viz. Geo. Benson, Indian, George Tallady, Jackson, McKenney, Marshall.

_Sunday 14th._ Between 6 and 7 AM. Came in a Brigt. from Aberdeen with 40 Servants[16] but brings no News. Shipt a hand Woodell by Name.

[Footnote 16: Indented servants.]

_Munday 15._ Nothing Remarkable these 24 hours.

_Tuesday 16._ Sent the pinnace a Shoar and brought off 6 bb. of Beef.

_Wednesday 17._ Att 10 AM. the Pilott Came on board weighd Anchor and fell down to the Narrows between Stratton Island[17] and Long Island. Att 3 PM. went up to York and brought down with me 3 hands, Ralph Gouch, John Taylor and Andrew Fielding.

[Footnote 17: Staten.]

_Thusday 18th._ Att 11 AM. Our Pilott Came on Board with 4 of Our Men that had Left us when the Capt. Turned Edward Sampford a Shoar, George Densey, Foelix Burn, Duncan McKenley and John Holmes, who promised faithfully to proceed the Voyage. Att 2 PM. the Capt. Ordered Our Gunner to deliver Arms to them that had none. 25 hands fitted themselves. Great fireing att Our Buoy Supposing him a Spaniard. I hope to God that their Courage may be as Good if Ever they meet with any.

_Friday 19th._ Came in a Brigt. from Ireland Capt. Long with passengers but brings no Strange News. Went to York. Shipt 2 hands, M. Dame and Jackson.

_Saturday 20th._ Att 10 AM. Came in the _Squirill_ Man of Warr Capt. Warren Come from Jamaica[18] who Inform'd us that Amiral Vernon had taken all the Forts att Carthagena Except one and the Town. We Saluted him with 3 Guns having no more Loaded. he Return'd us one. We Gave three Chears which was Returned by the Ship. he further told the Capt. that if he wou'd Come up to York he'd put him in a Route which wou'd be of Service to his Voyage. Att 3 PM. Came on Board Capt. Wright to demand his Servant Andw. Fielding, which he had Seen. The Master went up to York to Gett some hands that had promist to Come away by night and Carry'd With him Andw. Fielding.

[Footnote 18: The _Squirrel_ had gone down to Jamaica with reinforcements. _N.Y. Col. Docs._, VI. 170. The news brought was unduly favorable, as the event proved. Captain Warren, afterward Vice-Adm. Sir Peter Warren, commanded in 1745 all the naval forces that took part in the reduction of Louisbourg. He was a brother-in-law of Chief-justice James DeLancey, and uncle of Sir John Johnson.]

_Sunday 21._ About 4 AM. The Master Came on board who had been att York to Gett hands but mett with no Success, farr from it for he Carry'd 4 hands with him but brought back but two.

_Munday 22d._ The Capt. went up to York to wait on Capt. Warren who was as Good as his Word. Att 4 Came on Board again and brought 2 bb. of beef and a fresh hand, Quinton Somerwood. Att 9 PM. hailed a Sloop that Came from the Jerseys, Bennett Mast., On Board of w'ch was Capt. Potter of Rhode Island.[19]

[Footnote 19: Presumably Simeon Potter of Bristol, a noted sea-captain; on him and the _Prince Charles of Lorraine_, see docs. no. 176 and no. 177.]

_Tuesday 23d._ Wrote a Letter by the Capt. Order to Mr. Gidley to Gett Davison to mate with us. Our Capt. went to York to Carry it to Capt. Potter. Att 3 PM. Came in a Sloop from Jamaica 20 days passage who Informs us that Admiral Vernon's Fleet was fitting out for Cuba. I wish them more Success than what they Gott against Carthagena, For by all Report they Gott more blows than Honour. Att 4 PM. the Capt. Returned and brought a hand with him John Waters Clerk of a Dutch Church.

_Wednesday 24th._ About 10 AM. The pilott Came on Board with a Message from Capt. Freebody who was Return'd from Long Island to Agree with a Doctor that had Offered to Go with Us. Att 1 PM. Came in a Sloop from Jamaica a prize of Capt. Warren which had been taken by the Spaniards formerly she belong'd to Providence but Re-taken by the _Squirell_. Att 6 PM. Mr. Stone and the Doctor Came on Board to see the Capt. but he being att York they Returned to See there.

_Thursday 25th._ Nothing Remarkable the fore part of the day but Quarrelling not worth mentioning. Att 1 PM. a Sloop Came in from Jamaica and brings for News that he Spoke with an English Man of Warr att Port Morant,[20] who told him that a fresh Warr was dayly Expected, also that the Bay was Intirely Cut off by the Spaniards. Att 4 PM. the Capt. Came on board and brought a Chest with 19 small Arms. att 5 Mr. Stone Came on Board and Signd the Articles as Lieut. No Doctor as yett for he that the Capt. went to Agree with was a Drunkard and an Extortioner so we are better without him than with him.

[Footnote 20: Port Morant is a port on the southeast side of Jamaica. "The Bay" means the Bay of Honduras.]

_Friday 26th._ The most Remarkablest day this Great while, all peace and Quietness. Three Ships Came down the Narrows, one bound to London, another bound to Newfoundland and the third to Ireland. Severall Small Craft Going too and thro.

_Saturday 27th._ This morning about 10 the Capt. went to York to take his Leave of Capt. Freebody who was Going to Rhode Island. Att 2 PM. Came on board and brought with him 2 bb. of pork. att 3 Came in a Privateer from Barmudas, Capt. Love, who Came here for Provisions for him and his Consort who waited for him there. This day we heard that the two Country Sloops were Expected in by Wednesday next. Lord send it, for we only wait for them in hopes of Getting a Doctor and some more hands to make up Our Complement. Opened one of the bbs. of pork last brot. on board and it Stunk. headed it up again and Opened a bb. of beef which when Expended will make 8-1/2 bb. of beef Since we left Newport.

_Sunday 28._ Att 5 AM. Ship saild down the Hook.[21] nothing Material Only we heard that Edward Sampford the Pilott whom the Capt. had sett ashoare att the two Brothers dyed on Board the _Humming Bird_ Privateer of the P-X. Opened a bb. of bread w'ch makes 11 Since we left Rhode Island. The Capt. gave the people a pale of punch.

[Footnote 21: _I.e._, past Sandy Hook.]

_Mundy 29th._ About 4 AM. the Lieut. Came on Board with 4 hands who had promist to Sign but being drunk they put it off till next day. one of the 4 Signed John Ryant. The Master went up to York and brought the bb. of pork that Stank. Att 4 PM. he Returned and brought with him 6 bb. of pork.

_Tuesday 30th._ Att 5 AM. Came in a Sloop from St. Thomas, Edw. Somers Mas'r, but brings no News. the Mas'r went up to York and brought down with him 5 bb. of beef. S'r Richard[22] Gott fowl of some of Our hands which made them Quarelsome but Sleep overcame the Knight so all was Quiet.

[Footnote 22: An analogous expression to "John Barleycorn."]

_Wednesday July 1st._ Scraped Our Mast, Gave it a Coat of Sluch. the people went a Shoar to Wood and Water. Hevy Foggy Weather. No Doctor as yet.

_Thursday 2d._ These 24 hours Foggy Weather. the Capt. went up to York with Seven hands, Three of which left, Viz. Northwood, Colson and Taylor. about 11 AM. a Sloop Came in from Newfoundland, brings no News, also another Sloop from Bermudas.

_Friday 3d._ Att 5 AM. We perceived the three hands that had left Us the day before on Board the _Humming Bird_ privateer who had been Inticed by some of the Owners to leave Us by making of them drunk. About 10 We saw their Canoe Going a shoare with Our hands in her also Joseph Ferrow, whom we had brought from Rhode Island and had since rec'd Clothes on Board, but had Entered on board that Sloop as Boatswain. As Soon as they had done Watering and Returning aboard we Mann'd Our pinnace and boarded their Canoe and took Our three hands out of her, also Joseph Ferrow and brought them aboard. Some time after, the _Humming Bird's_ Canoe Coming alonside, Ferrow Jumpt in her and they put off Our pinnace being hawld up in the tackles. We immediately Lett her down but Severall Raw hands Jumping in her and unfortunately the plug being Out she almost filled with Water, which Caused such Confusion that the Canoe Gott on Board before we Gott from our Side. Our hands went on Board to demand him but they Gott all their Arms and wou'd not Suffer us to board them. The Capt. when they Returned wou'd not Suffer them to Return with their Arms to take them out for fear of some Accident. Att 4 PM. the Capt. of the Little Privateer Came on Board of Us to know the Reason of the disturbance between his people and Ours. Our Capt. told him the Reason and forbid him to Carry that fellow away, for if he did he might Chance to hear of him in the West Indies and if he did hee'd Go 100 Leagues to meet him and hee'd take ten for one and Murroone[23] his Voyage and Send him home to his Owners and Give his people a Good dressing, (I dont doubt but he'll be as Good as his Word.) Opened a bb. of bread. Thunder and Lightning with a Great deal of Rain.

[Footnote 23: Maroon.]

_Saturday 4th._ This morning about 5 AM. Came in a Ship from Marble Head[24] who was bound to So. Carolina. she had lost her Main Mast, Mizen Mast and fore top Mast. In the Latitude 35 deg. she mett with a hard Gale of Wind which Caused this dissaster so was obliged to put back and Came to New York to Refitt. About 11 Clock the _Humming Bird_ weighd Anchor for Philadelphia to Gett hands. Att 4 PM. the Lieut. with 2 Sergeants belonging to Capt. Riggs Comp.[25] Came on Board to look for some Soldiers that was Suspected to be on board the _Humming Bird_ but the Wind and Tide proving Contrary was obliged to return, she laying att Coney Island. Att 6 Came in a Ship from Lisbon, had 7 weeks passage and a Sloop from Turks Island both Loaded with Salt. The Ship Appearing to be a Lofty Vessell put Our people in a panetick fear taking her for a 70 Gun Ship, And as we had severall deserters from the Men a War they desired the Capt. to hoist a V reef in the Jack and Lower Our penant for a Signal for Our pinnace that was then a shoare, That if she proved to be a Man of War they might Gett ashoar and Gett Clear from the press.[26] But it proved Quit the Contrary, for the Ship and Sloops Crew taking Us by the Signal that we had made for Our pinnace for a Tender of a Man of War that was Laying there to press hands they Quited their Vessells and Run a Shoare as soon as they Saw Our pinnace Mann'd and made for the bushes. Att night the Capt. Gave the people a pale of punch to Recover them of their fright. Thunder and lightning all this day.

[Footnote 24: Marblehead, Mass.]

[Footnote 25: Richard Riggs, brother-in-law of John Watts, was captain of one of the two independent companies of fusiliers stationed at New York.]

[Footnote 26: Press-gang.]

_Sunday 5th._ Att 5 AM. Shipt a hand Mathias Sallam. Our Mate went a Shoar to fill Water. he Came on board about 8 and Informed us that the two Country Sloops lay att the Hook and only waited for a pilott to bring them up, which hope will prove True, being all Tyred of Staying here. Att 2 PM. Weighd Anchor and Gott nearer in Shoar to Gett out of the Current. Rainy Squally Windy Weather. here Lyes a Brigt. bound to Newfoundland, a Ship to Jamaica and a Sloop which att 6 PM. weigh'd Anchor bound to Barbadoes, Loaded with Lumber and horses. Opened a bb. of beef and 1 tierce of Bread. This day being a Month Since we left Our Commission port, have Sett down what Quantity of provisions Expended, with the provisions att broch,[27] Viz. 9-1/2 bb. of beef, 1 bb. of pork, 14 bb. of Bread. Remains 49-1/2 bb. of beef, 29 bb. of pork, 40 C. of bread.

[Footnote 27: "At broach" means, that had been opened.]

_Munday 6th._ About 6 AM. Came in the two Country Sloops so long Waited for. they had been fitted out to Cruise after a Spanish Privateer that was Cruising on the Coast and had taken Severall of Our English Vessells, also a Ship from Newfoundland and the _Huming bird_ Privateer who had been to meet them to Gett some hands. Capt. Langoe Comm'r of one of the above Sloops when he Came a longside of Us he Gave us three Chears and we Returned him the same. The Capt. went up to York to Gett a Doctor and some hands. One promist him to Give an Answer the next day. Att 10 a hand Came on board to List but [went] away without Signing. he promist to Return again his name was John Webb.

_Tuesday 7th._ This morning the Capt. went up to York and at last Agreed with a Doctor that belong'd to Capt. Cunningham,[28] Com'r of one of the Privateer's Sloop that Came in the day before. his Name is William Blake, a young Gentleman well Recomended by the Gen'n of York. Att 6 PM. the Capt. Returned on board and brought with him a Chest of Medicines, a Doctor's Box which Cost L20 York Cur[renc]y,[29] also 10 Pistolls and Cutlasses.

[Footnote 28: George Cunningham, whose commission was ordered May 8, 1741.]

[Footnote 29: The currencies of the different colonies were in great confusion, on account of the various and extensive issues of paper money, which was greatly depreciated in value. Apparently a pound in New York currency was in 1741 worth about 2.25 Mexican silver dollars, a pound in Rhode Island currency about .85 of a dollar. Douglass, _Summary_ (Boston, 1749, 1750), I. 494, II. 255; Potter and Rider, _Some Account of the Bills of Credit or Paper Money of Rhode Island_, pp. 55, 162.]

_Wednesday 8th._ Cloudy Rainy Weather. The Mate went a shoar to fill Water and the Mas'r when the Mate Returned went to Gett Wood. Gave the people a pale of punch. Opened a bb. of Beef and a bb. of bread.

_Thursday 9th._ This morning put Our Vessell on the Carreen, Scrub her and Gave her Boot tops.[30] Att 4 PM. Our pilott Came on Board. the Capt. Orderd him to Attend on Saturday Morning for then he intended to Sail. Gave the people a pale of punch.

[Footnote 30: After careening a vessel, and scrubbing off the ooze and shells, etc., it was customary to coat the bottom with a mixture of tallow, sulphur, etc. This was called "giving her boot-tops."]

_Friday 10th._ Att 9 AM. the Mas'r went in the Pinnace to York to fetch the Lieut. and Doctors things. Att 2 PM. Came in 2 Sloops, Edwd. Seymore and John Pasco, in Comp'y with a Brigt., James Walker Com'r, all from Antigua 13 days passage but brings no News. Att 9 AM. Came on Board the Mas'r with 4 New hands, John Webb, Jerem'h Henderson, William Ramsey and Jos. the Negro Servant to the Lieut.

_Saturday 11._ About 8 AM. Mr. Vandam[31] Came on Board to take his Leave of the Capt. he brought with him 2 pistolls and an Acct. of the Doctors Chest and other things found for him which Amounts to L38.2.1 New York Currency,[32] which is Carry to Acct. Att 10 the Lieut. and Doctor Came on board in the pilott boat with the hands that had Left Us Since we Were at York only 3 which Viz. Webster, Price and Ferrows. The tide being Spent cou'd not Sail but Resolv'd to Sail the next day. The Lieut. went a Shoar to Gett some hands that had promist to Come on board when we were Ready to Sail. When Mr. Vandam went from the Side we Gave him three Guns and three Chears. Opened a bb. of Beef. Gave the people A Bowl of punch.

[Footnote 31: This was probably Isaac van Dam, merchant, son of President Rip van Dam. "Henderson," above, means Harriman.]

[Footnote 32: See the account below, and notes 29 and 33.]

_Sunday 12th._ The Lieut. with Severall hands that went ashoar the Night before Came on board with Our Pilott. The Tide being almost Spent coud not Sail. Att 4 PM. the Comp. Chose their Qr. Mr. Duncan McKenley, a fitt person for that post. He wetted his Commission by Giving the people a tub of punch. Opened 1 tierce of bread.

_Munday 13th._ Weigh'd from Stratton Island with 61 hands, Officers Included. Anchord about 2 PM. att Sandy Hook. Wrote to Capt. Freebody by the Capt. Order. Sent him a List of Our hands and an Acct. of Our provisions and Charges together with the Lieut. name to Gett it Registred in the Admiralty Office att Rhode Island. the Comp. QMr. Quartered the people to the Guns, Viz. Qr. Deck and its Opposite 3 men, and to Every one and its opposite of the Deck Guns 4 hands. Gave the Qr. Mas'r. an Acct. of the Charges which is to be paid by the Comp'y as it is thus Stated Underneath, Viz.

_Drs._ _Sloop Revenge and Comp'y to the Owners_ _Cr._ -------------------------------+------------+----------------+------ Taken in Att Rhode Island | | /| 50 bb. of Beef 7.10 | L375 | / | 18 bb. of pork 12. | 216 | / | 64 bb. of flour 8. | 512 | / | 10 bu. of Beans | 8 | / | 100 Gal. of Rum at 10s. | 50 | / | 1 C. 2 Qr. Sug'r L8 per C. | 12 | / | A Cag of hogs fatt | 7 | / | 50 C. of bread at 4 per C. | 200 | / | | ----- | / | | L1380 | / | | | / | Taken in At New York | | / | 8 bb. of Beef 7.10 | 60 | / | 12 bb. of pork 12. | 144 | / | A Doctors Chest and Medicines | | By the foot of | first Cost New York | | this Acct. to | Cur'y 38.2.1 | | be carryed to | Advance 200 per C. 76.4.2[33] | 114.6.3 | Acct. Cur't to | | --------- | be paid by the | Total | L1698.6.3 | Sloops Comp'y | L1698.6.3 -----------------------------------------------------------------------

[Footnote 33: By a rough calculation (see note 29) Quartermaster Vezian trebles the amount in New York currency to reduce it to that of Rhode Island.]

_Tuesday 14th._ Weighed about 2 PM. from the Hook with the wind att WSW with a fresh Gale and by Gods Leave and Under his protection bound on Our Cruize against the proud Dons the Spaniards. the Capt. Ordered the people a pale of punch to drink to a Good Voyage. Opened a bb. of beef and tierce of Bread. the people was put to Allowance for the 1st time, one lb. of Beef per man a day and 7 lb. of bread per week.

_Wednesday 15._ Att 3 PM. Sett our Shrouds up.[34] a Great Swelling Sea. about 5 AM. Saw a Sail under Our Lee Bow about a League Dist. all hands was Called upon Deck and Gott Ready to Receive her had she been an Enemy. We fired one of our Bow Chases and brot. him too. she was a Sloop from Nantuckett, Russell Mas'r. he said he had mett nothing Since he had been out which was 11 days. Our people Returnd to their Statu Quo, being all peacable Since they have Gott a Qr.Mr. to Controul them. As they were all musterd, them that [had] no Arms they Receiv'd some from the Owners, the Acct. of which is on the other Side with an Acct. of how many shares on board and what the Owners draw.

[Footnote 34: Tightened them up.]

_List of the Men of the people On Board the Revenge._

_Names_ _Quality_ _Shares_

Benjn. Norton Com'r. 2-1/2 Wm. Stone Lieut. 1-1/2 Elisha Luther Mas'r. 1-1/2 Peter Vezian Capt. Qr. Mr. 1-1/4 Wm. Blake Doctor 1-1/2 John Gillmore Mate 1-1/4 James Avery Boatswain 1-1/4 John Griffith Gunner 1-1/4 Robert Little Capt. 1-1/4 Duncan McKenley Co. Qmr.[35] 1 James Ogleby G. Mate[36] 1 John Waters Sailor 1 James Barker Do. 1 Alexr. Henry Do. 1 Willm. Higgins Do. 1 John Vander Hiden Do. 1 Foelix Burn Do. 1 Edwd. Webster Do. 1 Tulip May Do. 1 Jeremiah Harman Do. 1 John Webb Do. 1 Richd. Norton Drumer 1 Ned Almy Cook 1 John Holmes Sailor 3/4 Gideon Potter Do. 3/4 Thos. Colson Do. 3/4 Benjn. Blanchey Do. 3/4 Willm. Jackson Do. 3/4 Barney M'Keneys Do. 3/4 Joseph Frisle Do. 3/4 Joseph Marshall Sailor 3/4 Wm. Frisle Do. 3/4 Timy. Northwood Do. 3/4 Andrew Wharton Do. 3/4 Evan Morgan Do. 3/4 Saml. Kerby Do. 3/4 John Brown Do. 3/4 John Smith Do. 3/4 James Magown Do. 3/4 John Swan Do. 3/4 Wm. Austin Do. 3/4 John Wright Do. 3/4 John Bennett Do. 3/4 George Densey Do. 3/4 Ephraim Read Do. 3/4 John Taylor Do. 3/4 Ralph Gouch Do. 3/4 Peter McKickings Do. 3/4 Humphry Walters Do. 3/4 Quinton Sommerwood Do. 3/4 Mattias Sollam Do. 3/4 Flora Burn Do. 3/4 Saml. Henderson Do. 3/4 William Ramsey Do. 3/4 Thos. Grigg Do. 3/4 John Wyld Do. 3/4 Saml. Bourdett Do. 3/4 James Welch Do. 3/4 John Gregory Do. 3/4 Danl. Walker Cook-Mate 3/4 ------ 55 ------

[Footnote 35: Company's quartermaster.]

[Footnote 36: Gunner's mate.]

Sum totall of the Shares[37]

Officers draws 13-1/4 Men that have fitted themselves 14 Those fitted by the Owners 27-3/4 Owners for fitting Men 9-1/4 Sloop 14 ------ Totall 78-1/4 ------

[Footnote 37: Of 78-1/4 shares, the nine officers were entitled to the shares ("draws") indicated against their names above; fourteen sailors who had "found" themselves are listed, as entitled to one share each; thirty-seven others, outfitted by the owners, are assigned three-fourths of a share each, the other fourths going to the outfitters; fourteen shares were to go to the same, as owners of the sloop. The prize act of 13 Geo. II. ch. 4 (1739), passed at the beginning of this war, had provided that prizes captured by privateers should after condemnation go entirely to the owners and officers and crew of the privateer, in such proportions as should be specified in their articles of agreement (see, _e.g._, doc. no. 202).]

The Lieuts. Man draws att the discretion of the Compy. The Compy. devided in 7 Messes Viz.

Captain's Mess 7 Men 1 Mess 10 2 do. 11 3 do. 10 4 do. 10 5 do. 10 Cooks do. 3 ---- 61 hands.

_Thursday 16th._ These 24 hours very small breezes of wind and fair Weather. att 6 PM. saw a top sail Vessell standing to Westward. The Master per his Accot. finds that he is distant from York 238 miles.

_Friday 17th._ Very moderate Weather. The Capt. Lett the People have Ozenbrigs[38] to make Frocks and trowsers as per Acct. Underwritten. Alexr. Henry and James Magown Gave their Notes to the Capt. for L5 Cash they had of him when att Rhode Island.

[Footnote 38: Osnaburgs, a kind of coarse linen made originally at Osnabrueck in North Germany.]

_Sundry Acc'ts to the Owner of the Revenge Dr. L37.5.6._

For Ozenbrigs, 165 yds., at 4s.6 per yd.

Gideon Potter 6 yds. at 4s.6 L1. 7 Wm. Austin 3 13.6 Duncan McKenley 7 1.11.6 Wm. Frisle 6 1. 7. Danl. Walker 5 1. 2.6 Thos. Colson 6 1. 7. Jos. Frisle 6 1. 7. Jams. Avery 6 1. 7. John Holmes 6 1. 7. James Barker 2-1/2 11.3 Quinton Somerwood 6 1. 7. Saml. Kirby 6 1. 7. John Wright. This Charged to the Compy. 6 1. 7. Benjn. Blanchy 6 1. 7. Andw. Wharton 6 1. 7. Jos. Marshall 6 1. 7. John Smith 6 1. 7. Peter McKeneys 6 1. 7. Evan Morgon 6 1. 7. John Brown 6 1. 7. Mathias Sollen 2-1/2 11.3 James Ogleby 6 1. 7. John Vander Hiden 5 1. 2.6 John Swan 6 1. 7. George Dencey 6 1. 7. Barney McKeneys 6 1. 7. John Griffith 3 13.6 Ralph Gouch 6 1. 7. John Taylor 6 1. 7. The Cabbin 5 1. 5.6 ------- L37.5.6 ------- Sundrys, Dr. to the Owners for Cash, L14.10.

To Alexr. Henry L5. Benjn. Blanchey L0.18. To James Magown 5. Saml. Kerby 3.12. 10. ---- ------- ------- L10. 14.10.

_Saturday 18th._ Calm Weather. saw a Sail standing to the Westward. Opened a bb. of Pork and Served the people 7 lb. per Mess. the people had a pale of punch to drink their Wives and Sweethearts. the Capt. took 5 yds. of Ozenbrigs for the Use of the Cabbin. Latitude per Obs'n of the Mas'r 35:12.

_Sunday 19th._ Moderate Weather but Contrary Wind. Saw a top Sail Vessell and a Sloop. bore down upon her but it Coming Calm coud not Speak with her. Opened a bb. of Beef.

_Munday 20th._ Still Contrary Light breezes of wind. Saw the Sloop and Brig about 5 PM. the Comp'y Qr. Masr. went down the Hole to head up the bb. of beef that had been Opened the day before not being Sweet. had the misfortune to fall in the Kettle and Scawlded his [_sic_] prodigiously. Opened another bb. of beef in lieu of the former. began to Caulk Our Decks being very Leakey.

_Tuesday 21._ Served the people three days allowance of bread. att 6 AM. the Capt. perceived that the Mast was Sprung. he blamed the Mate and was very Angry with him and said it was his Neglect by Carrying too much Sail the Night we left the Hook having then a Large Sea and much Wind. made all things Ready to fish him.[39] Opened a tierce of bread.

[Footnote 39: To fish a mast is to strengthen it by fastening a piece along it lengthwise.]

_Wednesday 22d._ Fish Our Mast and made him as Strong as Ever. nothing more Materiall these 24 hours. Still Calm Weather.

_Thursday 23d._ Struck our top-mast it being too heavy for Our mast that was Sprung. Opened a tierce of bread and Served the people three days allowance.

_Friday 24th._ Opened a bb. of beef. Rainy Squaly Weather. the Masr. per his Observation finds that we are in the Latitude 32:35.

_Saturday 25th._ Small breezes of Wind for the most part of these 24 hours with Some Rain. the people had a pale of punch att night.

_Sunday 26._ Served the people 3 days allowance of bread. Calm Weather.

_Munday 27th._ The Weather as above. nothing Remarkable Only Caught two Dolphins out of a Great Scowl.[40]

[Footnote 40: School.]

_Tuesday 28th._ About 5 AM. Spyed a Sail Under Our Lee Bow. Bore down on her and when in Gun Shott fired one of Our Bow Chase. she Imediately Lowered all her Sails and went a Stern of Us. We Ordered the Mas'r to send his Boat a Board which he did and Came with one hand. Upon Examination We found that she was a Sloop belonging to some of the Subjects of his Britanick Majestys and was taken by a Spanish privateer bound out of St. Augustine to Cruize to the Northward to Gett provisions. she had taken this Sloop off of Obricok[41] near No. Carolina and when taken by Us was in the Latitude 31.59 no. Longitude 73.6 W. The Master when he Came a Board brought three Spanish papers which he declared to be one a copy of his Commission, the 2d. Instructions what Signal to make when arrived att St. Augustine where she was bound to be Condemned and the 3d. Spanish paper was to lett him know what Rout he was to Steer. We Sent Our Lieut. aboard who said she was Loaded with Pork, Beans, Tarr, Live Hoggs, etc. and a Horse and had on Board 2 Englishmen, The Mas'r who is a frenchman born but turned Spaniard, 3 Spaniard Slaves and one Negro. Upon Examination John Everigin,[41a] one of the prisoners, declared that he had been taken some time in April last by Don Pedro Estrado[42] Capt. of the Privateer that had taken this Sloop, and that he forced him to List[43] with them and to pilott their Vessell on the Coast of N. Carolina and that then they took this Sloop att Obricock, July 5th, also 2 more Sloops and a Ship Loaded with Lumber bound to So. Carolina, that the Capt. of the privateer put him on Board with the french Master to Navigate the Vessell to Augustine with another Englishman, Saml. Elderedge, and that they were making the best of their way to that place. We Sent Our Master on board to fetch all the papers and bring the prisoners as above mentioned. the papers are as follows with some other things brought on board, Viz.

[Footnote 41: Ocracoke Inlet.]

[Footnote 41a: See note 62, below.]

[Footnote 42: Don Pedro de Estrada is mentioned as an exceptionally able privateering captain, in 1742, by the captain-general of Cuba and by the chief engineer at St. Augustine. _Collections_ of the Georgia Historical Society, VII., pt. 3, pp. 29, 59, 61-63. Wright, _Oglethorpe_, p. 283, speaks of his vessel as "a notorious privateer called the 'Black Sloop', commanded by Destrade, a French officer who had taken several prizes."]

[Footnote 43: Enlist.]

No. 1. Copy of the Spanish Commission. 2. Instructions what Signall to Make att St. Aug'ne. 3. What Rout to Steer. 4. 2 Spanish Letters. 5. On Order of Richd. Saunderson. 6. Rec'd of Rich'd Glover. 7. do. of Walter Goodmans. 8. do. of Phillip Morris. 9. Order of Jno. Donavan. 10. Peter Saunders Note of hand. 11. Deed of Sale of the _Content_ to Thos. Haddaway. 12. A Note of hand. 13. Recd. of Rich'd Glover. 14. Deed of Sale of a Canoe. 15. Deputation of John Casey to Capt. St. Leidgen to be Rainger. 16. A Note of hand. 17. James Addison, Order. 18. Rec'd for a Hatt. 19. Deed of Sale of the Scho'r _Eliz'h_. 20. Protest[44] of a Wreck. 20 small pieces of silver Value 2 pc. of 8/8[45] and 1/2 a bitt. 1 Silver Thimble. 1 Silver Spoon markt IO SO 4 Hoggs. A Womans Gown, petticoat, Shift, etc. 1 Turkey. Linen Corsett, some fish hooks, tobacco, Books, horn of powder, etc.

[Footnote 44: See doc. no. 136.]

[Footnote 45: Pieces of eight (_i.e._, eight reals), Spanish dollars. A bit was a real.]

Att 11 AM. Sent Jeremiah Harman and John Webb with four hands to take Care of the prize, the first to be Mas'r and the other Mate, and Humphry Walters, Saml. Bourdett, John Wyld and the Negro taken in the prize as Marriners. The Capt. gave them, Mas'r and Mate, the following Orders. Viz.

On Board the _Revenge_ July 20th, 1741.

You Jeremiah Harman being Appointed Mas'r and You John Webb Mate of a Sloop taken by a Spanish Privateer some time ago belonging to some of the Subjects of his Britanick Majesty and Retaken by me by Virtue of a Commission Granted to me By the Hon'ble Richard Ward Esqr. Govr. in Chief over Rhode Island and providence plantation etc. In New England. I Order that You keep Company with my Sloop the _Revenge_ as long as Weather will permit and if by the providence of God, that by Stormy Weather or some unforeseen Accident we should part, I then Order You to proceed directly to the Island of providence, One of the Bahamia Islands, and there to wait my Arrivall, And not to Embezzle diminish Waste Sell or Unload any part of her Cargo till I am there present, Under the penalty of the Articles Already Signed by You. Att Your Arrivall att providence make a Just Report to his Hon'r the Gov'r of that place of the Sloop's Cargo and what on Board and how we Came by her. I am

Yrs.

B. NORTON

To Jeremiah Harman Mas'r and John Webb Mate. For Signal hoist Your Dutch Jack att mast head. if we hoist first You Answer Us and do not keep it up Long.

_Wednesday 29th._ About 4 PM. Saw a Sloop. Gave Chase but the Weather being Calm was forced to Gett out Our Oars. fired our Bow Chase to bring her too, but we tacking about and the people in Confusion, Night Coming on, it being very Foggy, Coud not Speak to her. by her Course she was bound to the Northw'd. Lost Sight of Our prize. The two Englishman that were taken prisoners By the Spanish privateer Signed Our Articles, their Names John Evergin and Sam'l Elderidge.

_Thursday 30th._ Nothing Remarkable these 24 hours. Att 5 AM. Saw a Sloop standing to the Northward and another a Stern of Us. bore down to the Latter and made Our Signal agreed on. found her to be Our prize. Opened a bb. of beef and 1 tierce of bread. the two Men that had signed the day before had Arms Given them.

_Friday 31t._ Calm weather these 24 hours. Our prize Sent his boat on board of Us for bread and Water. Killed the other 2 hogs we had taken on board. drew 2 Copys of the Capt's. Commission.

_Saturday Aug'st 1st._ The prize still alongside of Us. Ordered the Master to Send Us 2 hogs for the Sloops Use, Also the Negro prisoner, having been Informed that he was Capt. of a Comp'y of Indians, Mollattos and Negroes that was att the Retaking of the Fort att St. Augus'ne formerly taken Under the Command of that worthlest G----O----pe who by his treachory Suffered so many brave fellows to be mangled by those barbarians.[46] the Negro went Under the Name of Signior Capitano Francisco. Sent one of the Mollatto's in his Room on board the prize. Gave the people a pale of punch.

[Footnote 46: The reference is to Gen. James Oglethorpe, and to the recapture of Fort Moosa by the garrison of St. Augustine, June 15, 1740, during his unsuccessful siege of that town.]

_Sunday 2d._ Att 1 PM. We Examined the Negro who franckly owned that he was Capt. of a Comp'y as aforesaid and that his Commission was on board the privateer, that he went privatter'g in hopes of Getting to the Avanah[47] and that there he might Gett a passage for to Go to old Spain to Gett the Reward of his brave Actions. We then askt him if it was his Comp'y that had used the English so barbarously when taken att the Fort. he denyed that it was his Comp'y but laid that Cruel Action to the Florida Indians and nothing more Coud we Gett out of him. We then tyed him to a Gun and made the Doctor Come with Instruments Seemingly to Castrate him as they had Served the English, thinking by that means to Gett some Confession out of him, but he still denyed it. we then tyed a Molatto one that was taken with him to know if he knew anything about the Matter. We Gave him a dozen of Stripes and he declared that he knew nothing more than his being Capt. of a Comp'y att that time but that the other fellow on board the Sloop knew all about it. We Sent to him and he declared the wholle truth that it was the Florida Indians that had Committed the fact Under his Comand, but knew not if he was Consenting to it. However to make Sure and to make him Remember that he bore such a Commission we Gave him 200 Lashes and then pickled him and left him to the Doctor to take Care of his Sore A-se. Opened a tierce of bread, and killed the 2 hogs.

[Footnote 47: Havana.]

_Munday 3d._ Small breeze of Wind. About 10 Saw a Schooner Standing to No'ward. Gave her Chase.

_Tuesday 4th._ A Fine breeze of Wind. Still in Chase of the Schooner. Att 5 PM. Gave her a Gun in hopes to bring her too, to know who she was, but she did not mind it neither hoisted any Colours. she bore down upon Us, then takt and bore away. We fired 10 Shott but all did not Signify for she hug'd her Wind[48] and it Growing dark and having a Good pair of heels we lost Sight of her. We imagined it was a No'ward Schooner both by her built and Course, But lett her be what she will she had a brave fellow for a Com'r. Opened a bb. of pork. In chaseing Lost Sight of Our prize.

[Footnote 48: Steered close up to the wind.]

_Wednesday 5th._ Fine Breeze of Wind. The Man att Mast head about 2 PM. Spyed 5 Sail of Vessells Steering to the Westward. Gave them Chase till 1 AM. and overtook them about 2. we coud observe them att a Great distance to Load[49] of us. Lay too till 4, then begun the Chase again, they having Gott almost out of Sight. Killed 2 Geese and a Cock which we had out of the prize. Opened a tierce of bread. Provisions Expended from June the 5 till July the 5, being one month, 6 bbs. of beef, 2 bbs. of pork, 1 bb. of bread and 6 tierces of bread.

[Footnote 49: Leeward.]

_Thursday 6th._ Still in Chase of the 5 Vessells. Sett our Spritsail, Topsail and Square Sail with a fine Breeze of Wind. About 11 AM. One of Ships brought too and fired a Gun to wait for a Sloop that was in Comp'y with her, and to wait for Us. We took in all Our Small Sails and bore down to her and hoisted Our penant. When alongside of her she fired 6 Shot att Us but did Us no damage, We still Hedging upon her and Gave her Our broadside and then stood off. The Sloop tackt imediatly and bore down upon Us in hopes to Gett Us between the Ships, As We Suppose to peper Us, Att the Sight of Which We Gave them three Chears. Our people all Agreed in General to fight them and told the Capt. if heed venture his Sloop they'd Venture their Lives, but the Capt. Seemed Unwilling and Gave for Reason that the prizes of which he was in possession of woud be of little profitt if taken by Us for we coud only Come in for a share w'ch woud be allow'd Us by the Court, and that perhaps woud not make Good a Limb if it was Lost, also that We had not hands Sufficient to Man them, and to bring those Vessells to providence. no one was able to buy any part of them and to Carry them to the No'ward woud be the breaking up of the Voyage without profitt. Nevertheless We Lett the Sloop Come alongside Us and Received her Shott. We Gave her a broadside and a Volley of Small Arms with three Huzas, then bore down to the Ship, who all this time had been pelting Us with her Shot but to no purpose, and Gave her another broad Side which did her some damage, for she bore down to the Sloop and never fired one more Shott, but Gott her on the Careen and men over the Side to Stop her holes, also Severall hands att her Rigging to mend it, her Sails being full of Shott holes, as also those of the Sloop. All the damage we Gott was One Shott through Our Main Sail. The Ship mounted 6 Guns of a Side and the Sloop 8. She was a Spanish privateer that had been Cruizing to the No'ward and had taken 5 Ships and that Sloop which We took some time before.[50] It Grieved Us to think that that felow shoud Go off with those prizes which he woud not have done had the Capt. been as willing as We. This battle was fought in the Latitude 29.26, Longt. 74:30 W. but no blood Shed on Our Side.

[Footnote 50: This is apparently the same Spanish privateer from St. Augustine of whose doings in just these days an account is given in the _Journal_ of William Stephens, secretary of Georgia (_Colonial Records of Georgia_, Suppl. to vol. IV., pp. 225-228), and which Oglethorpe chased into St. Augustine a few days later (Wright, _Oglethorpe_, pp. 283-284).]

_Friday 7th._ Fine breeze of Wind. about 9 AM. Saw the Land. it was No'most part of Abbaco Keys.[51] tackt to Gett Clear of the Breackers.

[Footnote 51: The northernmost of the Bahamas.]

_Saturday 8th._ These 24 hours turning to Windward to Gett Clear of the above Keys. att 6 PM. Opened a bb. of Beef and a tierce of bread. the people had a pale of punch.

_Sunday 9th._ Still turning to Windward. About 8 AM. Gott Clear of the Keys. Caught Severall Baracowdas.[52]

[Footnote 52: Barracudas, fish six or eight or ten feet long.]

_Munday 10th._ Fine breeze of Wind att NW. with a large Sea. att 5 AM. Saw Hog Island[53] and the Island of providence. att 8 a pilott boat Come off having fired a Gun and Lay too for one to pilott Us in. Jeremiah Harman Mas'r of Our prize Came also off. he Arrived the day before att 9. Came by the Rose Man of Warr stationed here. we Saluted her with Seven Guns and she Returned Us five. We Run aGround and lay some time off of Major Stewarts House. The Man of War Send is [sent his] boat to Cary out an Anchor for Us, so We Gott off. The Capt. Went ashoar to wait on his Excellency[54] and send the pinnace off for the prisoners, who Imediatly were put in Jail. Our prize sent Us two Hogs which we Imediatly Killed.

[Footnote 53: A small island of the Bahamas, which forms the north side of the harbor of New Providence or Nassau.]

[Footnote 54: John Tinker, governor 1740-1758. He came out in the _Rose_, Capt. Thomas Frankland, along with Peter Henry Bruce, the military engineer, and arrived at New Providence Apr. 21, 1741. According to Bruce, he had previously been factor to the South Sea Company at Panama, and governor of Cape Coast in Guinea for the Royal African Company. Major Stewart, mentioned just above, was William Stewart, a member of the colonial council and major of the militia. _Memoirs of Peter Henry Bruce_, pp. 375, 385, 386, 395. _Journal of the Assembly of the Bahamas_, 1741, _passim_.]

_Tuesday 11th._ This day begun to Unload our prize. made a present to the Governour of Our Horse and Deer. Landed 138 bbs. of provisions, pitch and tarr.

_Wednesday 12th._ Begun to Unload the Corn and sent it ashoar to a Store hired for that purpose. Mr. Moon appointed Agent for the Owners.[55] Opened a bb. of pork.

[Footnote 55: "William Moone, who came from London in the storeship with the recruits." Bruce, pp. 386, 410-412, 417-420.]

_Thursday 13th._ Landed all our Corn and made a Clear hole of the prize. att 9 PM. it begun to thunder and Lighting very hard. Our Sloop Received great damage by a thunder bolt that struckt our Mast and Shivered it very much, tore a large peice off of the hounds and as it fell tore up the bitts[56] and broke in the hatchway, burst through both our Sides, and Started the plancks under her whale,[57] melting several Cutlashes, pistolls, and fired off several Small Arms, the bullets of which stuck in her beam. It was some time before we perceived that she Leakd, being all thunder Struck, the Master stepping over the Side to Examine her put his foot on a planck that was Started on the Larboard side, and all this time the water was pouring it [in]. we Immediatly brought all Our Guns on the Starboard Side to Give her a heel and Sent the boat ashoar for Our Doctor, a Man being hurt by the Lighting, Wm. Jackson. when we Gott her on a heel we tryed the pumps, not being able to do it before, for our Carefull Carpenter had ne'er a pump-box Rigg'd nor fitt to work so had it not been for the Kind assistance of the Man of warr's people, who hearing of Our misfortune ashoar Came immediatly off and put Our Guns on board the prize, we must Certainly have Sunk, most of Our hands being ashoar. This day James Avery Our Boatswain was turned out for neglect of duty and Ralph Gouch put in his Room.

[Footnote 56: Hounds were projections at the masthead, supporting the rigging. Bitts were posts on the deck, for purposes of belaying.]

[Footnote 57: Gunwale.]

_Friday 14._ This Morning Came on board Capt. Frankland and Lieut. Stewart[58] to see the misfortune we had Suffered the Night before. he Offered his Assistance in all he Cou'd and Spared Us his Carpenter who view'd the Mast and said he thought he coud make it do again. The Capt. hearing of a peice of timber for his purpose waited on his Excellency to desire him to lay his Command on Mr. Jno. Thompson[59] to Spare it him. He sent Mr. Scott, Judge of the Admiralty, to Go and Gett it in his name, promising to make it Good to him in Case of any trouble, the peice not being is [his]. Unloaded all Our provisions and put them on board the prize to Gett Ready for the Carpenters to Repair Our Sloop.

[Footnote 58: Capt. Thomas Frankland (afterward Adm. Sir Thomas Frankland) commanded the _Rose_, 20, on the Bahamas station from 1741 to 1745. He was a descendant of Oliver Cromwell, and a younger brother of Sir Harry Frankland, on whom see note 65. He married Sarah Rhett, of South Carolina, a granddaughter of Chief-justice Nicholas Trott (see doc. no. 106, note 3). Lieutenant Stewart was the Major Stewart of note 54, second lieutenant in the independent royal company and major of the militia. Bruce, pp. 386, 394, 400-402, 431-432.]

[Footnote 59: John Thompson of Harbour Island was a member of the council. James Scott was speaker of the assembly, judge of the admiralty court and at times chief justice. _Journal of the Assembly of the Bahamas_, 1741, pp. 1, 2, 8, 18, 24; Bruce, pp. 395, 417.]

_Saturday 15th._ The Comp'y Q Mr. and mySelf were Examined with John Evergin and Saml. Elderidge the two English prisoners Concerning the prize. a Court was Called att 4 oClock PM. they Read Capt. Nortons petition and appointed an Agent for the Owners, so Adjourned till Munday 10 of the Clock AM.

_Sunday 16th._ All hands att Rest. few Godly inclin'd, it being the Lords day.

_Munday 17th._ The Court mett According to Adjournment. Examind Juan Baptista Domas concerning the freedom of the prisoners. took his depos'on in writing. all the Evidences [and] deposition were read in Court, Sworn too and Signed, then the Court Adjourned till Wednesday 10 of the Clock. no Lawyers in the place, the only blessing that God coud bestow on such a Litigious people.

_Tuesday 18th._ We Gott out Our mast and Sent it ashoar to Gett it fisht and make it fitt for the Cruize.

_Wednesday 19._ Att 10 AM. the Court being opened and the Libell Read I beg'd Leave of his Honour to be heard, which being Granted I spoke as follows.

May it please Your Honr.

As there is no Advocate appointed by this Hon'ble Court too Appear in behalf of the Captures[60] of a Sloop that was taken by Don Pedro Estrado July the 5th, belonging to some of his Majestys Subjects of Great Britain or Ireland, and Retaken by Capt. Benj'n Norton and Comp'y in a private Sloop of War Called the _Revenge_ July the 28th, and brought into this Court for Condemnation, As Capt. QMr. I appear in behalf of the Owners, Capt. and Comp'y to prove that the said Sloop and Cargo togather with the three Mollattos and one Negro, all Slaves belonging to some of the Vessells or Subjects of the King of Spain, ought to be Condemned for the benefit and Use of the Captures as aforesd.

[Footnote 60: Captors.]

I'm Certain I'm Undertaking a taske no ways Qualifyed for it, But as I have Leave to speak in a Court instituted by the Laws of England and before a Judge whom Im Certain is Endued with the strictest Honour and Justice I dont doubt that if through Ignorance I shoud omit any proof that woud be of advantage to Us Your Honour will be so Good as to Aid and Assist me in it.

It will be needless, I believe, S'r, to bring any further proof than what has been already bro't and Sworn too in Court to prove the Right and power we had in Seizing this Sloop and Cargo on the high Seas and bringing of her here for Condemnation. There is a Late Act of parliament made in the 12 y'r of his present Majestys Reign,[61] wherein it says that all Vessells belonging to his Majestys Subjects of Great Britain or Irel'd that shall be taken by the Ennemy and have been in their possession the Space of 96 hours if Retaken by any private man of War the Captures shall be Intituled to the one half for Salvage free from all Charges. As this [h]as been fully proved in Court that the time the Ennemy [h]as had her in possession is above 96 hours I dont doubt but the one half free of all Charges will be allotted Us for Salvage.

[Footnote 61: Not 12, but 13 Geo. II., ch. 4, sect. 18. The recaptors were entitled to one-eighth for salvage if the vessel had been in enemy possession 24 hours, a fifth if 24-48 hours, a third if 48-96, a half if 96.]

The thing in dispute is the three Mollatos and one Negro, all Slaves taken on board the prize, said to belong to some of Vassalls or Subjects of the King of Spain and is by this Court put to Us too prove they are so, which hope to do by some Circumstances and the Insufficiency of the Evidence in their favour which amounts to nothing more than hearsay.

The first Evidence in their favour is that of John Evergin, a Native of No.Carolina,[62] who professes himself to be a Child of the Spirit, who for the Value of a Share in April last having been taken prisoner by the said Don Pedro Estrado and brought to St. Augustine did Consent to pillott them in the Bowells of his Native Country and betrayed them to that Cruel and Barbarous Nation. Can Your Honour Confide in a Man who has betrayed his Countrymen, Robbed them of their Lives and also what are dearer to them their Liberty, One who has Exposed his Bretheren to Eminent Dangers and Reduced them and their familys to Extream wants by fire and Sword? Can the Evidence, I say, of so vile a Wretch who has forfeited his Leige to his King by Entring in the Ennemys Service, and unnaturally sold his Countrymen, be of any weight in a Court of Justice? No, Im Certain, and I hope it will meet with None to prove that these Slaves are freemen for all that he as [has] said as he owns was only but hearsay. The other Evidence is of a Villain of another Stamp a French Runnagado, Juan Baptist Domas. his Evidence is so Contrary to the Questions askt Francisco and Aug'ne that I hope it will meet with the same fate as the first deserves not to be Regarded. I'll own he has sworn to it, but how? On a peice of a Stick made in the shape of a thing they name a Cross, Said to be blest and Sanctyfyed by the poluted words and hands of a wretched priest, a Spawn of the whore of Babylon, who is a Monster of Nature and a Servant to the Devill, Who for a Riall will pretend to absolve them from perjury, Incest and parricide, and Cannonize them for Cruelties Committed to we Herreticks, as they stile us, and Even Rank them in the Number of those Cursed Saints who by their Barbarity have Rendered their Names Immortall and Odious to all true Beleivers. tis by such Devills they Swear and to them they pray. Can then Your Hon'r Give Credit to such Evidence, who no doubt they had agreed between them that he should swear they were free, which he might Easily do, for no Question but they told him so: and to swear it was but a trifle when absolution Can be Gott so cheap. It does not stand to Reason that Slaves who are in hopes of Getting their freedom wou'd own they are so. Does not their Complextion and features tell all the world that they are of the blood of Negroes and have suckt Slavery and Cruelty from their Infancy? Can any one think when we Call to mind that barbarous Action Committed to his Majestys Brave Subjects att the Retaken of the fort att St. Augustine, Occasioned by the treachery of their Vile Gen'l who Sacrificed them to that Barbarous Colour, that it was done by any that had the Least drop of blood Either of Liberty or Christianity in them? No, Im Confident Your Hon'r cant think so, No not Even of their Gov'r under whose vile Commission this was Suffered to be done and went unpunisht Headed by this Francisco that Cursed Seed of Cain, Curst from the foundation of the world, who has the Impudence to Come into Court and plead that he is free. Slavery is too Good for such a Savage, nay all the Cruelty invented by man will never make amends for so vile a proceeding and if I may be allowed to Speak freely, with Submission, the torments of the world to Come will not Suffice. God forgive me if I Judge Unjustly. What a miserable State must a Man be in who is Under the Jurisdiction of that vile and Cruel Colour. I pity my poor fellow Creatures, whom many have been made prisoners this War and some lately that have been sent to the Avanah, and all by the treachery of that vile fellow John Evergin who says he's posse'd with the Spirit of the Inward man but was possessed with the Spirit of Belzebub when he pillotted the Cursed Spaniards over the barr of Obricock as it has been proved in Court.

[Footnote 62: John Everigin is recorded as a Quaker, in the roll of Capt. Benjamin Palmer's company of the militia regiment of Pasquotank County, North Carolina, in 1755. _N.C. State Records_, XXII. 350.]

I dont doubt but this Tragical Act Acted att St. Augustine has Reacht home before now. This Case may perhaps travell as farr. when they'l Remember the Sufferings of their Countrymen Under the Command of this Francisco whom we have Gott in possession with some of his Comp'y who were Concern'd with him and Under his Command in that inhuman fact they will agree no doubt, as I hope Your Honour will, that they must be Slaves and no others Concern'd in it, So hope that by the Contradictions which has been shewn in Court Concerning this Juan Baptista Domas, who affirms he never saw them till on board the privateer, and Francisco and Aug'ne both woud prove that they knew him some months before and Converst with him, is proof Enough they are Slaves and hope that by the old Law of Nations, where it Says that all prisoners of War, nay Even their posterity are Slaves, that by that Law Pedro Sancho and And'w Estavie will be decreed as Such for the Use of the Captures. So shall Rest it with your Hon'r.

Then the Judge Gave his Decree that the Sloop and Cargo shoud be sold att Vandue and the one half thereof shoud be p'd the Captures for Salvage, free from all Charges, that Juan Baptisto Domas, Pedro Sanche and And'w Estavie, According to the Laws of England shoud Remain as prisoners of War till Ransomed, And that Augustine and Francisco according to the Laws of the plantations shoud be Slaves and for the use of the Captures. So the Court broke up.

_Thursday 20th._ Opened a bb. of beef. This day the Vandue begun. Sold 46 bbs. of pork, 29 bb. of Beef and 110 bus. of Corn, then Adjourn'd it till the next day att 8 of the Clock.

_Friday 21._ This day made an End of Selling the Cargo of the prize. Sold 55 bus. of corn, 41 bbs. of pork, 6 bb. of beef, 13 bbs. of Tarr, 11 bbs. of pitch, 4 bbs. of Oyle. then Sett up Seignior Capt. Fransisco Under the Name of Don Blass who was Sold to Mr. Stone for 34 ps. 8. In the height of Our Sail some of the Soldiers Stole a bb. of pork but was found out before it was all Expended so that one half was Returned which makes the half bb. as per Acct. of Sales. Viz. Pork and beef very much damnifyed.

* * * * *

_An Account of a prize taken by Capt. Benj. Norton in the Sloop Revenge and Sold att Publick Vandue att New Providence, the 20th and 21st day's of Aug'st 1741. P'r Wm. Moon, Vandue Master, Viz,_...[63]

Abstract of the Vandue. Viz.

1st day. Corn, 105 buss. Ps. 8/8 397:4 Ps. 8/8 R. Beef, 29 bbs. 126: Pork, 46 bbs. 265:4 789:0 --------- 2d day. Corn, 55 buss. 43:5-1/2 Beef, 6 barrs. 23: Pork, 40-1/2 do. 250:2 Oyle, 4 bbs. 37:0-1/2 Tarr, 13 do. 23:5 Pitch, 16 do. 16: Staves, 1500 4:7 398:4 --------- 3d day. Sloop and Furniture[64] 325: Pitch, 9 bb. 14:3 339:3 --------- ------ Corn 160 buss., beef 35 bbs., pork 86-1/2 bs., Staves } 1500, tar 13, pitch 20 bbs., Oyle 4 bb., Sloop and } total 1526:7 furniture }

* * * * *

_Dr._ _William Moon Esqr. to the Owners of the Revenge_ _Cr._

To the one half of the prize Ps. 8/8 R. bro't into providence and By Benja. Norton for 2 bbs. condemned by a Court of of pork bo't att Vandue 12:4 Vice Admiralty Amount'g By Sundries bo't by Your in all to 1526 Ps. 8/8, people att ditto 14: 7 R., the one half for By Cash paid Att twice 100: Salvage is Ps. 8/8 763:3 By ditto another time 40:2 By An Order on Capt. Frankland for 596:5 ----- ----- 1st prize. Ps. 8/8 763:3 Ps. 8/ 763:3 ----- -----

[Footnote 63: Here follows a long account, the monotonous details of which may properly be omitted. It records the sale, to nearly sixty different purchasers, of the goods indicated in the abstract which ensues. In this abstract, the amounts are given in pieces of eight and reals; these were at that time the currency of the Bahamas.]

[Footnote 64: Bought by Captain Frankland.]

* * * * *

_Saturday 22d._ Nothing Remarkable these 24 hours. Capt. Barrett Saild in a Schooner for So. Carolina. wrote a Letter by him, Inclosd to Messrs. Steed, Evance and Comp'y, Under Cover to Mr. Henry Collins for Safety to Inform him of Our misfortune that happened by the thunder.

_Sunday 23d._ All peace and Quietness.

_Munday 24._ The Carpenters finisht the Mast. Gott it aboard and hove down one Side and paid it with tallow.

_Tuesday 25._ Hove down the other Side and paid her. Gott all Our ballast in and Some of the provisions, also all the Rigging Over head.

_Wednesday 26._ Still taking in Our provisions and Water and making Ready to Sail.

_Thursday 27._ Gott all Our Sails and powder from on Shoar. took an Inventory of the prizes Rigging and furniture, she being to be sold on Saturday next. Capt. Frankland Came on board to View her Intending I believe to buy her.

_Friday 28._ Nothing Remarkable these 24 hours. the Capt. discharged three of his hands for Reasons best known to himself, being Resolved that they shou'd not proceed the Voyage with, Viz. Webster and Gregory shipt att New York and Wright from Rhode Island. opened 2 bbs. of flowr.

_Saturday 29._ This day the Sloop and furniture was Sold and bought by Capt. Frankland, also 9 bbs. of pitch that was left unsold as per Acct. of Sales. Opened a bb. of beef.

_Sunday 30th._ This morning waited on Mr. Moon the Vandue Master and Settled the Acct. which is Stated on the other Side.

_Munday 31st._ The Capt. Settled with Every Body Indending to Sail toMorrow. took bills of Exchg. of Capt. Frankland on his Brother Messrs. Frankland and Lightfoot,[65] Merch'ts in Boston and Endorsed by the Comp'y Qr. Mr. for L540 New England Currancy. the first bill he Sent to Capt. Freebody by Capt. Green bound to Boston in the prize with a Letter which is As follows:

NEW PROVIDENCE August 31st 1741

_S'r_

This waits on You with a bill of Exchg. Inclosed drawn by Capt. Thomas Frankland on his Brother Messrs. Henry Frankland and Lightfoot, Merch'ts in Boston for L540 NE Cur'y, being part of the prize taken by Us and Sold att publick Vandue, the Sale of which Amounts to 763 Ps. 8/8 which was the half we Received for Salvage, the Vessell belonging to some of his Majesty's Subjects of Great Britain or Ireland, besides one Negro Man Fransisco by Name who was one of the Capts. belonging to that Comp'y of Negros and Mollattos that used the English so barbarously att the retaken of the fort att St. Aug'ne, also a Mollatto named Aug'ne. The other two taken by us were Cleared and Remain still prisoners of War. We have Sold the old Negro Capt. for 34 ps. 8/8 which is to be Added to the above half. the Mollatto we have still on board.

I dont doubt by [now?] you've Received mine by the way of the way of So. Car. Inclosed in a Letter to Mr. Henry Collins in which I Acquainted You of an Unfortunate Accident, that happened to Us by thunder having Split Our Mast and broke through both our Sides and shoud infallibly have Sunk had it not been for the Kind Assistance of Capt. Franklands men Com'r of the _Rose_ Man of War. The damage that will Accrue thereon will amount att Least to 100 Ps. 8/8.

We Gott our mast fisht and are in hopes it will Serve our Cruize, having Gott all things ready to Sail we Intend it in a day or two, And am with my kind Services to all friends

Your very hum'le Serv't.

B.N.

To John Freebody:

[Footnote 65: (Charles) Henry Frankland, afterward Sir Harry Frankland, and celebrated under that name because of the romantic story of Agnes Surriage, recounted in Dr. Holmes's poem, _Agnes_. An elder brother of Capt. Thomas Frankland, he had come to Boston in the spring of this year as collector of the port, and soon became one of the most picturesque magnates of the place. Nason, _Sir Charles Henry Frankland_, pp. 9-29. His associate was Robert Lightfoot, a prominent merchant. _Pubs. Col. Soc. Mass._, VII. 91.]

_Tuesday 1st._ The Lieut. and Mr. Stone went this morning to the Westward to Gett a pilott and brought one with him but how he'll prove the Lord knows, the wind Coming to the W'ward differed[66] Sailing this day.

[Footnote 66: Deferred.]

_Dr._ _The Comp'y of the Sloop Revenge to the Owners_ _Cr._

To her first Outsett By Cash Recd of Mr. Brot. from folio 9 1698. 6.3 Moon 137. 5. To Sugr. 108 at providence 7. 4. By a bill of Exchge. for 540. By cash pd by the 62 M. 8. 2. To Rum 48 Ga. at do. 32. 8. By a bb. of tarr. 2.14. To Cash pd. Stowe 19.11.6 By 3 mens Share of the To prison fees for Nego. provisions Expended 16. 4.9 and M.[67] 4.19. By Ballce. due P Compy. To Jno. Wright frock 1072.11. and trowsers 1. 7. To the Storedge of the provce. 7. 4. To a bb. pork 5.17. ---------- ---------- L1776.16.9 L1776.16.9 ---------- ----------

On board the _Revenge_ SE per P Vezian QMr.

[Footnote 67: Negro and mulatto.]

_Wednesday 2d._ This morning att 8 AM. Weighd Anchor having our pilott on board, Capt. Richd. Thompson.[68] The Man of War's barge with their Lieut. Came on board to Search Our hole to See we did not Carry any of his hands with Us. Saw a Sloop Coming in but did not Speak with her. Shipt Seven hands, Viz. James Jennings, Jno. Arnold, Nath'll Gwinn, Richd. Righton, James Hayes, Thos. Fryer and Saml. Nixon. Every body in their Statu Quo. the Capt. Ordered them some punch to drink to their Wives and Misstresses they had left a shoare.

[Footnote 68: Brother of John Thompson the councillor, mentioned above. Bruce, p. 418.]

_Thursday 3d._ Fine Moderate Weather, att 10 AM. had a Vandue att the Mast of the plunder taken in the prize which was Sold to the Value of 50 Ps. 8/8 and 2 Rials.

* * * * *

List of the People on Board the Revenge.

---------------+-------+------++------------------+-------+------ Names |Quality|Shares||Names |Quality|Shares ---------------+-------+------++------------------+-------+------ Benj'n Norton |Com'r. | 2-1/2||Brought Over | |36-1/2 Wm. Stone |Lieut. | 1-1/2||Thos. Colson |Mar'r. | 3/4 Elisha Luther |Mas'r. | 1-1/2||Wm. Ramsey | do. | 3/4 Peter Vezian |Cap. | 1-1/4||Jno. Taylor | do. | 3/4 | QM. ||Math'as Sollom | do. | 3/4 Wm. Blake |Doctor | 1-1/2||Thos. Grigg | do. | 3/4 Ralph Gouch |Boats'n| 1-1/4||Benj'n Blanchard | do. | 3/4 Jno. Griffith |Gun'r | 1-1/4||Bryan McKeneys | do. | 3/4 Jno. Gillmore | Mate | 1-1/4||Joseph Frisle | do. | 3/4 Robt. Little |Carp'r | 1-1/4||Jno. Smith | do. | 3/4 Duncan McKenley|C Q Mr.| 1 ||Saml. Kerby | do. | 3/4 Jams. Ogleby |Gun'rs | ||Peter McKincking | do. | 3/4 | Mate | 1 ||Saml. Henderson | do. | 3/4 Jere Harman |Mar'r | 1 ||Tim. Northwood | do. | 3/4 Foelix Burn | do. | 1 ||And'w Warden | do. | 3/4 John Webb | do. | 1 ||George Densey | do. | 3/4 Alex'r Henry | do. | 1 ||James M'Gown | do. | 3/4 Wm. Higgins | do. | 1 ||Gideon Potter | do. | 3/4 Jas. Barker | do. | 1 ||Saml. Bourdett | do. | 3/4 Rich'd Righton | do. | 1 ||Nath'l Gwinn | do. | 3/4 James Hays | do. | 1 ||Flora Burn | do. | 3/4 James Avery | do. | 1 ||James Welch | do. | 3/4 Tulip May | do. | 1 ||Jno. Brown | do. | 3/4 Thos. Fryer | do. | 1 ||Wm. Jackson | do. | 3/4 Jno. Waters | do. | 1 ||Jos. Marshall | do. | 3/4 Jno. Vanderhyde| do. | 1 ||Quinton Sommerwood| do. | 3/4 Jno. Arnold | do. | 3/4|| | | Jno. Elderidge | do. | 3/4||Jno. Evergin | do. | 3/4 Wm. Frisle | do. | 3/4||Rich'd Norton | do. | 1 Ephraim Read | do. | 3/4||Ned Almy |Cook | 1 Evan Morgan | do. | 3/4||Dan'l Walker |C. Mate| 3/4 Jno. Holmes | do. | 3/4||Joseph the S'v't | | 1/4 Jno. Bennett | do. | 3/4||Aug'ne |pris'r | Jno. Wyld | do. | 3/4||James Jennings |Mar'r. | 3/4 Hump'y Walters | do. | 3/4||Saml. Nixon | do. | 1 Wm. Austin | do. | 3/4||_Revenge_ |Sloop |14 Jno. Swan | do. | 3/4|| | | | |------|| | |------- | |36-1/2|| | |74-3/4 ------------------------------------------------------------------

_Abstract of the Shares of the Revenge._

Officer draws 13-1/4 Shares Whole Share men 19-3/4 [18 ] do. Men fitted by the Owners 28-1/2 [29-1/4] do. Owners for fitting out 9-3/4 do. Sloop 14 The Lieu'ts Man Jos. 1/4 ------ 85-1/2 [84-1/2] Shares

N.B. Saml. Nixon to pay 1/2 of a 1/4 Share for a Gun and Cartouch. Jno. Hayes to pay 1/4 of 1/4 of do. for a pistoll.

_Sundry Accts. from Folio II. Dr. to the Owners._

To the foot of that Acct. for Ozenbrig L37. 5.6 To Ditto for Cash Lent 14.10. To Humphry Walters for 5 yds. Oz'g. 1. 2.6 To Timothy Northwood for do. 1. 2.6 To John Elderidge for do. 1. 7. -------- L55. 7.6 N.E.C. --------

_Arms ... Dr. to the Owners._

To 40 Guns att R.I. By 39 Guns to the people. To 40 pistoll at do. By 1 to make a monkey.[69] To 40 Cutlasshes at do. By 1 broke by the Thunder. To 19 Guns att N.Y. By 38 Pistols to the people. To 15 Cutlasshes at do. By 38 Cutlasshes to do. To 15 pistolls. By one to Ephraim Read a pistoll. By one pistoll to Benjn. Blanchard. 59 Guns } 41 do. By one to Jno. Arnold. 55 pistolls } 42 do. By one do to Joshep Marshall. 55 Cutlashes } 39 do. By one Cartouch box to do.

[Footnote 69: A monkey-block, perhaps.]

_Remains in the Gunners Care._

18 Guns. By 10 Guns pistolls and Cutlasses. 13 pistolls. By 1 do. to Ephraim Read. 16 Cutlashes. By 1 Given the prisoners who 2 pistols broke. Satt them ashoare. By 1 broke by Accident.

* * * * *

_Friday 4th._ Moderate Weather till 4 AM., then hawld down Our Main Sail and scuded under Our foresail to Gett Clear of the Keys, the Wind blowing very hard.

_Saturday 5._ Att 4 PM. brot. too under ballast[70] main-Sail. it blew a meer hurricane. provisions Expended Since the 5 Aug'st: 7 bb. of beef, 2 bb. pork, 3 tierces of bread, 5 bbs. of flower.

[Footnote 70: Reefed?]

_Sunday 6._ Opened a bb. of beef. moderate Weather. Out both Reefs of Our Main Sail. hope to God to have fine weather. Gott Clear of the Reefs and Hurricane which was terrible. Very few Godly Enough to Return God thanks for their deliverance.

_Munday 7th._ Fine Moderate Weather but Cloudy. Att 6 AM. the Capt. Ordered the Carpenter to fitt the pinnace with mast and Ordered a Suit of Sails for her.

_Tuesday 8th._ The Weather as above. opened a bb of flowr. Arms to three New hands Shipt att providence, Viz Jno. Arnold, Nath Gwinn, and Jno. Jennings, also a pistoll to James Hayes, with whom the Capt. Exchanged a Muskett for a fowling peice he had.

_Wednesday 9th._ Squally Weather with Rain. Lett Humphry Walters and Tim'y Northwood have 5 yds. of Ozenbrig Each for frock and trowsers, also 6 yds. to John Elderidge. Markt the Sloops Arms on the butt with Letter R and the Pistolls with a Cross on the Stock.

_Thursday 10th._ Opened a bb. of beef. Squally Rainy Weather.

_Friday 11th._ The first Settled day Since we left providence. the Joyners made an Arm Chest to Carry in the pinnace when we Go on the Look out. Lattitude per Mas'rs Obs'n 24:32.

_Saturday 12._ Fresh breezes of Wind with some Squalls of Rain. att 11 AM. the Capt. Saw the Land off the poup. it was the Crocassess.[71]

[Footnote 71: Caicos, probably; rocky islets at the southeast of the Bahama group.]

_Sunday 13th._ The Capt. Gave the people a Case bottle of Rum for a Tropick bottle[72] for his pinnace. the people Chrisned her and Named her the _Spaniards dread_. Att 11 AM. made the Land of Hispaniola and the Island of Tortudas.[73] We have now Gott in Cruizing Ground, the Lord send Us Good Success against our Ennemies. Squally Rainy Weather for the most part of these 24 hours.

[Footnote 72: A bottle with which to celebrate the "crossing of the line" of the Tropic of Cancer.]

[Footnote 73: Tortuga, north of Haiti.]

_Munday 14th._ Hard Gales of Wind. brought too off of trotudas Under Our foreSail. att 5 AM. Saw a Sloop bearing down Upon us. Gott all things Ready to Receive her. fired Our bow Chase then Hoisted our Jibb and Main Sail and Gave her Chase, and we out Sailing of her she brot. too. she was a Sloop from Philadelphia bound to Jamaica. We then brot. too again Under Our ballast main, it blowing a meer frett of wind att No. Opened a bb. of beef and a tierce of bread.

_Tuesday 15._ Still Under Ballast-main Sail. about 5 AM. the Gale abated. Loost Our fore Sail and took the Reef out of our Main Sail. about 7 AM. Saw the Land which proved to be Cape Maze.[74]

[Footnote 74: Cape Maysi, the eastern point of Cuba.]

_Wednesday 16._ Moderate Weather but an Uncommon Wind att So. Cruzing off of Cape Maze. delivered to Saml. Nixon a New hand a Gun and Cartouch Box, to Marshall a pistoll and Cartouch box he having Lost his that he had found him before, to Ephraim Read and Benjn. Blanchard Each a pistoll theirs being broke, and to Humphry Walters a Cutlasses having lost is [his] Given him before, all which Arms they are to pay for.

_Thursday 17._ Still Cruizing as above. att 7 PM. saw 2 Sloops, one on Our Starbord and the other on the Larboard Bow, steering No.West. We fired Severall Shott to bring them too but one of them was Obstinate. Capt. Hubbard brot. too att the first Shott. he was Come from Jamaica and bound to York. he Informd Us that there was a large fleet Just Arrived from England to Join the Admiral, that Admiral Vernon was Gone to St. Aga[75] de Cuba, that there was a hott press both by Sea and Land, and that the Spanish Admiral with a Large Man of Warr was blown up att the Avanah,[76] which News We hope is true, that the other Sloop was one Capt. Styles bound also to York and Saild in Comp'y with him, that there was a Ship also to Load,[76a] which we Saw with a Schooner, the former bound to London and the Schooner to Rhode Island. Styles Received Some damage by his Obstinacy for not bringing too, having hulled him and tore his Sails. Att 5 AM. Saw a top sail Vessell, the Master Going to Mast-head to See what Course she Steer'd had the misfortune to break his Arm Just above his wrist. Gave the Vessell Chase as farr as Inagua Island[77] where she brot. too. We made the Capt. Come on board with his papers. he Came from Lougan[78] and was bound to Nantz in france, Loaded with Sugar, Indigo and Hydes, also 300 ps. of 8/8 Sent by the Intendant to the Receiver of the Customs of Nantz. We went aboard in his Yawl and found his Cargo Agreeable to his Bills of Lading and Manifest togather with his Clearance, so lett him past. he Informed Us that there was a Brigt. belonging to the Spaniards att Lougan that Came in there by disstress having Lost his Mast, Which Gentleman we hope to have the Honour to dine or Sup with before Long. he further told Us that the Last North Wind had done Great damage having drove Severall Vessell to Sea all Unrigged.

[Footnote 75: Santiago. Vernon and Wentworth, having failed to take Cartagena, were now planning an attack, which proved to be equally unsuccessful, on Santiago de Cuba.]

[Footnote 76: The _Invencible_, flagship of Don Rodrigo de Torres, was struck by lightning in Havana harbor, June 30, 1741, and blown up. Letter of the viceroy Horcasitas, that day, describing the occurrence, in Pezuela, _Historia de Cuba_, II. 575-577. The admiral did not perish.]

[Footnote 76a: Leeward.]

[Footnote 77: A large island in the southern Bahamas.]

[Footnote 78: Leogane in Haiti (French).]

_Friday 18th._ Calm Weather for these 24 hours. Opened a bb. of beef and a bb. flowr. Att 5 AM. saw two Sails Under Cape Nicholas[79] but coud not speak with them it being start[80] Calm. the Mas'r is in a fair way of doing well with his Arm.

[Footnote 79: The northwest cape of Haiti.]

[Footnote 80: Stark.]

_Saturday 19th._ Still moderate Weather. Saw a Sail. Gave Chase.

_Sunday 20th._ Att 5 PM. Came up with the Chase. she proved to be a french Ship that was blown out of Loogan in the Hurricane 6 days ago. she was obliged to Cut her Mizenmast to Gett Clear of the Land. her Quarters were all Stove in and her head Carried away and neither Anchor nor Cable aboard but perrishing for want of water. she had 16 hands aboard and but one Sailor, which was the Master. she had on board 30 hhds. of Sugar, one hhd. and a barrell of Indigo, 13 hhds. of Bourdeaux Wine and provisions plenty. We ordered his boat on board. as soon as the Master Came over the side he fell on his knees and beg'd for help and told us his deplorable Case. We Spared him some Water and put one of Our hands aboard to Navigate his Vessell he being an Intire Stranger on the Coast. he kept Comp'y with Us all Night. the Mas'r Sent us a hhd. of Wine. Att 5 AM. saw the Ship a League to Windward of Us. We then made in for the Mole by Cape Nicholas[81] and she Steering after Us We bro't her in, but the Wind Coming ahead and his Ship out of trim coud not work up as far as We, So she Came to an Anchor a League below Us. the Capt. of the Ship is named Doulteau, the Ship _La Genereuse_ from Rochell in france, Dutch built. Opened a bb. pork and a bb. flowr.

[Footnote 81: The mole which gives the port its present name of Mole-Saint-Nicolas.]

_Munday 21st._ Our Lieut. went ashoare to see if he coud kill any Cattle, with 2 more hands. Some of the people went to find water, found 7 Wells, Cleared them. the people on board being in fishing Cought abundance of fish. some of Our hands compl[ained] they were poisoin'd by Eating of the fish. Att 6 AM. Our pinnace went to the Ship to tow her Up, but the Sea breeze Coming in fresh was obliged to moor her as well as we Cou'd.

_Tuesday 22d._ The Capt. Sent me a board the Ship to know if they wanted any Assistance. Att 9 PM. they fired a Gun and hoisted a Light for the pinnace to Come on board to tow them up. the Capt. Sent her with 20 hands and towd her above where we Lay and moor'd her head and Stern free from all dangers. Our people very busy in wooding and watering.

_Wednesday 23._ Att 6 PM. the Master of the Ship, Chas. Tesier, Came on board to Return Our Capt. thanks for his kind Assistance and Offered him any thing he might have Occasion for. he Gave the people another hhd. of Clarett and some Sugar and a Quarter Cask for the Capts. own drinking, also 6 Lenghth of old Junk.[82] Att 6 AM. Left the poor frenchman in hopes of letting his Capt. Know where he was. Weighd Anchor from the mold for Cape Maze with a fresh Gale att NW. Gillmore Our mate Resignd his birth not being Qualifyed for it. John Webb was put in his Room. Opened a bb. flower.

[Footnote 82: Old rope.]

_Thursday 24._ Att 1 PM. was abreast of Cape Maze. Att 6 Lay too Under Our fore Sail. Att 7 AM. hoisted Our main Sail and Sett Our Jibb.

_Friday 25._ Fine Moderate Weather. Gott on Our Cruizing Ground the No. side of Cuba.

_Saturday 26th._ About 5 PM. thought we Saw a Vessell att Anchor Under the Land. Lay off and on till 5 AM. then Saw 2 Sails, a brig'ne and a Sloop. Gave them Chase, the Sloop laying too for Us and the brig'ne making the best of her Way to Leaward. We presently Came up with the Sloop and when in Gun Shott hoisted Our pennant. the Compliment was Returned with a Spanish Ensign att Mast head and a Gun to Confirm it. We then went along Side of him and Rec'd his broadside which we Chearfully Returnd with another. We then tackt, she dropping aStern, and bore away before the Wind Crowding all the sail she Cou'd and We doing the Like. Came again within Gunshott. In the time of Chase we Shifted Our Bow Guns to Our fore ports and they had Done the like with their After Guns to their Cabbin Windows, pelting of Us with their Stern Chase and we pepering of them with Our fore Guns, So that after several brisk fiering they att Last struck. We Ordered his Canoe on board which was directly Mannd. the Capt. Came on board and delivered his Commission and Sword to Our Capt. and Surrendered himself a prisoner of War.[83] he was desperatly Wounded in the Arm and severall small Shott in his head and body. three more of his hands was wounded and one Negro boy Killed. This Vessell was fitted out in Novem'r Last from the Avanah and had been on Our Coast Early in the Spring and had taken severall Vessells and bro't them to the Avanah and was again fitted out last August and had mett with Good Success on the Coast of Virginia as per Acct. hereafter mentioned. she mounted 6 Guns and 12 Swivells and 38 hands, two of which were English men that [had] been [made] prisoners and Entered in their Service. their [names] is Caesar Dixon and Robert Patterson. We made all the Sail we Cou'd Crowd after the Brigt. which by this time was almost out of Sight. The damage we Received was not much. Only one man Slightly wounded in the Engagement by a Splinter, John Taylor, two more by an Accident a peice Going off after the fight and shott them both in the Arm. We Received upwards of 20 Shott in Our Sails, 2 through Our Mast and one through Our Gunnell port and all This day the _Revenge_ Establisht her Honour having almost Lost it by Letting the other privateer Go off with them four Ships as is mentioned before. In chase of the Brigt. who is making for the Land.

[Footnote 83: Captain Ponch (Ponce?) he is called in doc. no. 149, and this identifies him with the Captain "Paunche or some such name" whom John Grigg, mariner, of New York, saw at Havana when a prisoner there in 1742-1743, "the same", he says, "who was some time since taken by Captain Norton, and carried into Rhode Island, whence he got to the Havannah, And who is a person sayd to be well acquainted with these coasts". Affidavit in _N.Y. Col. Docs._, VI. 244.]

_Sunday 27th._ Att 4 AM. Came up with Chase. fired two Guns and bro't her too. she was taken by the privateer 23 days before in the Latitude 26 No. Coming from Barbadoes Loaded with Rum, Sugar and some baggs of Cotton, Commanded by Thomas Smith, bound to Boston. her Owners are Messrs. Lee and Tyler Merchts. there.[84] she had on board 5 Spaniards which we took aboard.

[Footnote 84: Thomas Lee of Salem and Boston (H.C. 1722) and John Tyler, brazier. Capt. Thomas Smith's narrative is doc. no. 149.]

_Munday 28th._ Put the Lieut. on board the privateer prize with Sevl. hands, also put on board the Brig'ne Capt. Thos. Smith with verball Orders to follow Us till we Coud Gett Letters wrote to Send her to Rhode Island to Capt. Freebody. Opened a tierce of bread.

_Tuesday 29._ Lost Sight of both prizes. Lay too best part of the fore Noon to Lett them Come up with Us.

_Wednesday 30th._ Saw Our prize. bore down upon her. Ordered her Canoe on board, the C Q M[85] went on board to fetch her powder and other Stores out of her. Left but Six hands on board to Navigate her, with Verball Orders to keep us Comp'y. Had a Vandue of old Cloaths which amounted to 101 ps. 8/8 as per Leidger. No News of the Brig'ne. we Suppose she is Gone to the No'w'd. she has one of Our hands on board, Jere. Harman.[86]

[Footnote 85: Company's quartermaster.]

[Footnote 86: See doc. no. 148.]

_Thursday 1st Octor._ Calm Weather with thunder and Rain. Spoke with the Sloop. Brave Living with Our people. Punch Everyday, which makes them dream strange things which foretells Great Success in Our Cruize. they dream of nothing but mad Bulls, Spaniards and bagg of Gold. Examined the papers. found Severall Spanish and french among which the Condemnation of Capt. Stockings Sloop. died on board the prize a Negro boy.

_Friday 2d._ Att 6 AM. Saw a Ship Under the Land. stretchin[g] for her we Saw aShore a french Pennant and English Ensign. Hoisted Our Spanish Jack att Mast head and Sent Our pinnace aboard to discover what it was. She proved to be a Ship that had been taken by Don Fransoiso[87] Loranzo our prisoner, that had taken her off the Capes of Virginia and had put a Lieut. and 10 more hands with 5 Englishmen to Carry her to the Havanah, but the Spaniards Run her ashoare apurpose. We bro't off the five Englishmen. the Spaniards having Run for it we Caught one and bro't him on board. Sent Our prize alongside of her to Gett what Goods we Cou'd Save. the Ship was Bilged.[88]

[Footnote 87: Francisco.]

[Footnote 88: Was staved in the bottom.]

_Saturday 3d._ The people busy in Getting Goods out of the Ship, we Laying off and on.

_Sunday 4th._ Opened a bb. of beef. put the following hands on board the prize With Orders to the Master which are as underneath written. the people on board Are John Webb Masr., John Evergin Mate, Timothy Northwood, James Hayes, Wm. Jackson, Joseph Marshall, John Elderidge, James Jennings and a Bermudian Negro which was taken prisoner in a fishing boat off of Bermudas by the Spanish Capt. (as Mariners) and one Mollatto prisoner belonging to the Spaniards. Gave them a bb. of beef and a bb. of pork.

Latitude 22.50 No. Octo'r 4th, 1741

Mr. John Webb

You being Appointed Master of the Sloop _Invinsible_, Late a Spanish privateer Commanded by Capt. Don Fransoiso Loranzo and taken by me and Comp'y, We Order You to keep Comp'y with Us till further Orders, But if by some Unforeseen Accident, Bad Weather Or Giving Chase We shou'd Chance to part Then We Order that You proceed directly with said Sloop and Cargo to Rhode Island in New England And if by the providence of God You Safe Arrive there You must apply to Mr. John Freebody, Merch't there, and deliver Your Sloop and Cargo to him Or his Assigns.

You are also Ordered to take Care that You Speak to no Vessell nor Suffer any to Speak with You during Your passage nor Suffer any disorders on board but to take a Special Care of the Cargo that none be Embezled. And if Weather permitts You must be dilligent in drying of the Goods on board to hinder them from Spoiling etc. Wishing You a Good Voyage We Remain Your Friends

BN

DM

_Coppy of the Letter Sent to Capt. Freebody per John Webb in the Sloop._

_Sr._

I hope my Sundry Letters Sent You by different hands are Come Safe. My first was from the hook[89] Acquainting You what Number of hands had on board the time of Sailing for Providence, togather with an Acct. due from the Company to the Owners. Att my Arrivall att Providence I wrote You of my safe Arrival there and what Success we had mett with in Our passage and delivered the Letter to Capt. Freeman, Bound to Boston in a Schooner. a few days after had an Opportunity of Informing You of an Unfortunate Accident which happened to Us by thunder and the damage it had done Us. that went per Capt. Barrett Via So. Carolina inclosed in a Letter to Mr. Henry Collins, Sent to Mr. Steed Evance, who was desired to forward it to him. the Last was per Capt. Green, bound to Boston in the Sloop we had taken, Sold to Capt. Thomas Frankland, whose first bill of Exch'ge for L540 NEC drawn by him on his Brother, Messrs. Frankland and Lightfoot, Merch's in Boston, togather with the Amount of what we Received for Salvage for Retaken that Sloop was Inclosed.

[Footnote 89: Sandy Hook.]

This waits upon You with the Agreable News of Our taking a Spanish privateer on the 26th of Septem'r last, off of Cape Roman[90] att the No. side of Cuba, who was Conveying a Brig'ne to the Avanah which he had taken in the Latitude 26 No. Coming from Barbadoes Bound to Boston with Rum, Sugar and Some Baggs of Cotton. We had the pleasure to meet him Early in the morning and Gave her Chase. when within a mile of her we hoisted Our pennant. she Imediatly Returned the Compliment with her Ensign att Mast-head and a Gunn to Confirm it. we Received Severall Shott from her and Chearfully Return'd them. then she made the best of her way, Crowding all the Sail she Cou'd, and we doing the Like Came again within Gun-Shott and plyed her with Our Bow Chase which were shifted to the fore ports for that purpose and she kept pelting of Us with her Stern Chase out of her Cabbin windows. So that after Severall brisk Shott on both Sides she Struck. Our Rigging, Mast and Gunnell Received some damage. Upwards of 25 Shott went through Our Sails. 2 Shott went through Our mast and in the weakest part Just below where it was fisht. a Shott Cut our fore Shrewd[91] on the Larboard side and another went through Our Starboard Gunnell, port and all. We had only one Man slightly wounded with a Splinter by the Enemy, two others by an Accident on board by one of the peoples peice Going off after the Engagement, which shott them in the Arm. The poor Capt. of the privateer was wounded in the Arm and the bone fractured, One Negro boy Killed and others wounded. He was fitted out last Novem'r att the Avanah and went to St. Aug'ne and was on Our Coast Early in the Spring and took severall Vessells as per list herein inclosed. he was again fitted out in August last and had been on the Coast again and had taken Severall more Vessells, as you will Observe by the Acct., but we had the Good fortune to Stop his Cruize. Is Name is Don Fransoiso Loranzo, and by all Report tho' An Enemy a brave Man, Endued with a Great deal of Clemensy and Using his prisoners with a Great deal of humanity. the Like Usage he has on board for he Justly deserves it.

[Footnote 90: An error of the quartermaster's in copying. There is no Cape Roman on the north coast of Cuba. The captain had no doubt written Cayo Romano. Cayo Romano is a small island, one of the "Jardines del Rey" that fringe the north coast of eastern Cuba, bordering on the Old Bahama Channel.]

[Footnote 91: Shroud.]

We have Sent You the Sloop, Commanded by John Webb, Loaded with Sundry Goods that has Rec'd some damage, which must desire You to Unload directly and take Care to Gett them dryed. there is also a Negro Boy that is Sickly, a Negro Man said to be taken off of Barmudas by the privateer as he was a fishing, and a Mollatto belonging to Some of the Subjects or Vassalls of the King of Spain, all which We Recomend to Your Care that they may not Elope. the Number of Spanish prisoners taken on board is 48, out of which is Eleven of the blood of Negroes, The Capt. Included, for which we dont doubt having his Majestys bounty mony, which is L5 Ster. per head. We also desire that the Vessell may not be Condemned till Our Arrivall but only Unloaded and a Just Acct. taken of what on board. As to the Brigantine, the Capt. of her, whom we put in again out of Civility, has Used Us in a Very Rascally manner, for he Run away with the Vessell from Us in the Night and no doubt with a design to Cheat Us of Our Salvage, which is the one half of Brig and Cargo, the Enemy having had possession of her 22 days. As she is a Vessell of Value, hope You'l do Your Endeavours to Recover Our Just dues and Apply to the Owners who are, as we are Credibly Informed, Messrs. Lee and Tyler of Boston, both Under the State of Conviction Since the Gospell of Whitefield and Tennant [h]as been propagated in New England,[92] So that we are in hopes they will Readily Give a Just Acct. of her Cargo and her true Value and Render to Caesar the things that are Caesars, which is the Moral preachd by Whitefield.

[Footnote 92: An allusion to the "Great Awakening", and to the revivalist preaching of George Whitefield in Boston in the autumn of 1740 and of Gilbert Tennent in the ensuing winter. Tyler at any rate (John Tyler of Boxford and Boston) seems certainly to have been affected by the "New Light" movement, for in 1745 the Second Church in Boxford suspended him, among others, for "receiving into their houses Itinerant Preachers and holding meetings in opposition to the repeated entreaties of their Brethren". _The Tyler Genealogy_, I. 43.]

As this will Require a Law Suit I hope You'l Gett the best Advice You possibly Can and Gett her Seized if att Boston or Else Where and Gett her Condemned. She was designed to be Consign'd to You and the Master Sent on board to take possession and Gett things in Order to Sail, whilest we were Getting Letters wrote and bills of Lading with a hand to Go with him, but he Gave Us the Slip. So Relying on Your Care we don't doubt but you'll Recover her and add her to the privateer prize. The Brig'ne was Called the _Sarah_, Commanded by Thos. Smith, had on board 11 hhds. of Rum, 23 hhds. of Sugar and 12 bags of Cotton. she was Well fitted with 4 Swivells, one Gun and other Stores, a New pink Stern[93] Vessell. One of Our hands he Carryed with Us[94] whose Name is Jerem'h Harman, who no doubt will Acquaint You of the whole Affair. We hope you'l Shew no favour to the Capt. for his ill Usage and Gett a Just Acct. of his Venture, which one half is our due. This Affair is Recomended to You by all the Company and hope that you'll Serve to the Utmost of Your powers, not doubting in the least of Your Justice and Equity.

[Footnote 93: Sharp-sterned.]

[Footnote 94: Error for, with him.]

Inclosed You'l Receive Capt. Frankland['s] 2 Bill of Exchg. on his Brother for L540, also a List of what Vessells taken by Fransoiso Loranzo Since he first went out on his Cruize, which You may Use att pleasure Either to publish or Conceal. We are still Cruizing on the No. side of Cuba and are in hopes of Getting something worth while in a Short time. all in Good health. So having no more to add but My Kind Remembrance to all friends, I Remain

S'r, Y'rs, BN.

_Munday 5th._ Fine moderate Weather. the Comp'y Gave the Capt. a Night Gown, a Spencer Wigg[95] and 4 pair of thread Stock'gs, to the Lieut. a pr. of Buck skin Breeches, the Doctor bot. a Suit of broad Cloth which Cost him 28 ps. of 8/8 which is Carried to his Acct. in the Sloops Leidgers. Six men that had been prisoners Signed Our Articles, Viz. Patterson taken out of the Sloop, and John Greenshaw, Thos. Sinclair, Lawrence Willson, James Hadle, Jno. Bruman, prisoners on board the Ship. the whole Vandue this day amounted to 9 ps. 8/8 4 R.

[Footnote 95: A variety of periwig named after Charles Spencer, better known as the second earl of Sunderland. A night-gown in 1741 was a dressing-gown.]

Expended this month: 7 bb. beef, 3 bbs. of pork, 6 bbs. flour, 2 tierces of bread.

_146. Account of the Crew with the Owners. October 30, 1741._[1]

[Footnote 1: Massachusetts Historical Society. It is hard to interpret this account. It will be seen that L1776 16s. 9d. New England currency is reckoned as equal to 1972-1/8 pieces of eight or Mexican dollars. That would be reckoning 18s. of New England paper money to the dollar, or about 20s. 6d. to the ounce of silver. But in 1741 the rate of depreciation was certainly much higher. In January of that year Governor Ward of Rhode Island reports to the Board of Trade, "that for these six years last past, bills have continued to be equal to silver at twenty-seven shillings per ounce". _Col. Recs. R.I._, V. 13. And the Massachusetts rate was twenty-nine or more.]

Comp'y of the Sloop _Revenge_ their Acct. Curt. with the Owners.

Dr. New Eng'd Cur'y Ps. 8/8. R.

To the first Out sett for provisions etc. bot. att Rhode Island and New York, being L1698. 6.3 1886.4

To Rum and Sugr. bot. att provid'ce. 39.12. 44.

To cash paid Mr. Stowe per B.N. 19.11.6 20.1

To do. for prison fees for a Negro and Mollo. Slaves. 4.19. 5.4

To John Wright for frock and trowsers. 1. 7. 1.4

To Cash paid for Storedge of the provisions. 7. 4. 8.

To a bb. of Pork. 5.17. 6.4 ------------------------- L1776.16.9 Ps. 8/ 1972.1

Cr.

By Cash Recd of Mr. Moon L137. 5. 152.

By a bill of Exchg. of Capt. Frankland 540. 600.

By ditto pd. per the Compy. Qr. Mr. 3 mens Share who were discharged 8. 2. 9.

By a bb. of tarr 2.14. 3.

By Cash for three mens share of the provs. Expended 16. 4.9 18.

By Cash Recd of Mr. Stone for part of a Negro Sold to him 21.12. 24.

By Cash Shipt per Capt. Pittman, Vizt. Gold--54-3/4 Moidrs.[2] at 7-1/2 Ps. 8/ 368.17.9 409.7 38 pistoles 153.18. 171. 2-1/2 Johannes 45. 50. In Silver L3. 5. Ster. Advce. 13.[3] 16. 5 NECy 16. 5 18.1 139 mild[4] ps. of 8/8 166.16. 139. ------------------------ 1476.14.6 1594.

By ball'ce due per Acct. by the Comp'y 300. 2.3 378.1 ------------------------- L1776.16.9 1972.1 -------------------------

Errors Excepted October the 30th, 1741 Per P. Vezian Capt. Qr. Mr.

133 Mild ps. 8/8 5 Piller ps. 8/8[5] 1 french Crown[6] L3. 4s. 0d. English Mony.

Sent by Robert Griffin to New York

133 Mild ps. of Eight L53. 4.0 54 Moydores in Gold at 44s.[7] 118.16.0 --------- New York Mony L172. 0.0

[Footnote 2: The moidore and the johannes were Portuguese coins, the pistole Spanish. The moidore was worth six pieces of eight, the pistole four, the johannes eight. Here they are reckoned at 7-1/2, 4-1/2, and 20, respectively; but perhaps the last were "double joes".]

[Footnote 3: "Advance 13", _i.e._, add four times the amount (or multiply by five) to bring the sum from sterling to New England currency, at the rate here assumed; L3. 5s. sterling was really worth only about 15 pieces of eight.]

[Footnote 4: Milled.]

[Footnote 5: Spanish dollars on which appeared pillars symbolizing the Pillars of Hercules.]

[Footnote 6: An ecu of six livres, = $1.08.]

[Footnote 7: The moidore is here reckoned at 44s. New York money; it is reckoned above at 135s. New England money.]

_147. Petition and Complaint of John Freebody. November 5, 1741._[1]

[Footnote 1: Records of the Admiralty Court held in Boston, "vol. V.", kept in the Suffolk County Court-house. These supplement effectively the papers given to the Massachusetts Historical Society by Professor Norton.]

At a Court of Admiralty holden at Boston before the Hono'ble Robert Auchmuty, Esq'r., Judge of said Court, December the Seventh, Anno. Dom. 1741.

Province of the } To the Hono'ble Robert Auchmuty, Massachusetts Bay SS. } Esqr., Judge of Vice } Admiralty in Boston.

The Petition and Complaint of John Freebody of Newport, Merchant, in behalf of himself and Benjamin Norton, Owners of a Privateer Sloop Called the _Revenge_, and as Agent for and in behalf of the Officers and Mariners Belonging to sd Sloop, Humbly Sheweth to your Honour that the Said Vessell, Under the Command of said Benjamin Norton, Manned With Sixty Men, Officers and Marriners, Sailed Out on a Cruize from Newport in Rhode Island Against the Spaniards in June last, and in the Latitude of Thirty Degrees North, About Twenty Leagues from the Havannah, near the Island of Cuba, they met with a Spanish Privateer of Six Carriage Guns and ten Swivel Guns, with men Answerable, On or about the 26th day of September last, which Privateer had About Fourteen days before that taken a Briganteen called the _Sarah_, with her Cargo, Consisting of Ten Hogsheads of Barbadoes Rum, Sixteen Hogsheads of Brown Sugar, Sundry Bales of Cotten, Being in all about One Ton and a half, together with Ten Barrells of Sugar and About Twenty barrells of Limes, Altogether of the Value of Five thousand Pounds in Publick Bills of Credit Usually Current here, which Vessell was Owned by John Tyler and Thomas Lee, Subjects of the Crown of Great Britain and now Resident in this Place, as was also part of the said Cargo as Enumerated, the Rest belonging to Other Subjects Liveing also at Boston but Unknown to the Complainant, and the said Sloop _Revenge_ Engaged and took the said Spanish Privateer and at the Same time Retook the said Briganteen And Cargo and Redeemed the master, whose name is Thomas Smith, and his Hands, from the Power of the Spaniards, and for that the said Briganteen And Cargo had been at Such time a fortnight in the hands of the Spaniards as their Prize, the said Benjamin Norton put one of his hands aboard and Order'd the said Vessell to proceed directly to Newport To be Restored to the Owners upon paying as Salvage One Moiety of said Briganteen and her Cargo, pursuant to an Act of Parliament Made and Passed in the 13th year of the Reign of his Present Majesty King George the Second Entituled an Act for the more Effectual Secureing and Encourageing the Trade of His Majesties ---- British Subjects to America and for the Encouragement of Seamen to Enter into his Majesties Service,[2] Whereby Amongst Other things It is Provided and Enacted to the following purpose and Effect, vizt. that the Vessells and Goods of British Subjects Surprized and Retaken from the Enemy, if by a Private man of War Commissioned properly thereto, In Case the Vessell and Cargo had been Above Ninety Six hours in the Possession of the Enemy that took the same, then to be Adjudged To be Restored to the Owners, they paying for and in Lieu of Salvage One full Moiety or half part of said Vessell and Goods so taken And Restored, without any deduction Whatsoever, as in and by the said Act, Reference thereto being had, more fully may Appear. Now So it is that notwithstanding said Briganteen and Cargo had been taken as A Prize by said Spanish Privateer and in their possession as such For twelve or Fourteen days before she was Retaken by the said Benjamin Norton, who was properly Commissioned thereto in said Sloop _Revenge_, yet the said Thomas Smith, to Defeat the said Act And deprive the said Compl't[3] together with said Norton and Crew of their Right and due as Abovesaid, Contrary to the mind of One Jeremiah Harman who was on purpose left in said Briganteen to Proceed therein and Assert their Right that Surprized and Retook her, Yet the said Thomas instead of Proceeding to Newport as intended Came in said Vessell and with the Aforesaid Cargo to this Port of Boston, Where they Arrived in Safety in said Briganteen and with the Aforesaid Cargo on or about the 23d day of October 1741, and haveing turned the Said Jeremiah on shore have Unladed and Delivered the said Briganteen Of her Cargo and Effects and is now Preparing to send with the Owners Consent Or go with the said Briganteen on a New Voyage Directly, without haveing Obtained Any Decree of this Court as the Act directs or made Application therefore, nor will the said Master Thomas Smith and Owners, tho' requested, pay and give the said Moiety of the Vessell and Cargo so Retaken or any part thereof to the Complainant For the Uses and purposes abovesaid. Wherefore this being of a Maratime nature and regarding a Vessell and Cargo retaken on the High Seas, Expressly falls within the Jurisdiction of this Hono'ble Court. It's therefore pray'd your honour will cause the said Vessell and Cargo so Retaken to be Seized and Kept in the hands of the Marshall till a final Decree may be made on the premises Pursuant to Said Act, and that the said Thomas Smith, John Tyler and Thomas Lee may be Summoned in Case they or any of them see fit to Appear and Answer this Complaint, and that the Complainant may Obtain for the Uses and Purposes aforesaid your Honours Decree for One Full Moiety or half part of said Brigantine and her Cargo or be Otherwise Relieved in the Premises, as your Hon'r shall Judge meet. And as In duty Bound the Complainant shall always--

[Footnote 2: 13 Geo. II. ch. 4.]

[Footnote 3: Complainant.]

JOHN FREEBODY for himself and Benja. Norton, Owners, and as Agent for and in behalf of said master, Officers and Seamen belonging to the Sloop _Revenge_.

1741 Nov'r 5th filed and Allow'd and Ordered that the Vessell and Cargo be Arrested and Kept in the Marshalls Custody untill Security be given to Abide the Event of the Case, and that the Aforesd Owners and Master Be Cited to Answer this Libel on Monday next at three aClock p.m.

ROB'T AUCHMUTY, Judge Ad'y.

_148. Deposition of Jeremiah Harriman. November 25, 1741._[1]

[Footnote 1: Records of the Admiralty Court, Boston, "vol. V."]

Jeremiah Hariman of Lawfull Age Testifyeth and saith that on or about the latter end of June or the beginning of July last he sailed from New York In a Privateer Sloop Called _The Revenge_ Commanded by Capt. Norton on a Cruize Against the Spaniards and in the month of Sept'r last in the Old Streights of Bahama[2] they saw a Sloop laying too with a Jib Sheet to Windward And the Goose wing[3] of her mainsail hauled up and her foresail hauled down, Upon which We gave her Chase and upon Comeing within Gun shot of us she Hoisted a Spanish Flagg upon her Topmast head and fired a shot which went thr'o the Rigging, upon which we stood After her and upon Comeing within Muskett shot of said sloop she fired at us again, upon which we hoisted An English Pendant Upon the Topmast head and then we Engaged her, And in about two hours and half we took her and found a Spanish Commission On board her and then we took Out of the Spanish Privateer about fourteen Spaniards and put them on board Our Sloop and put some of Our men aboard The Spanish Sloop and then both Sloops gave Chase to the Brigantine and In about three or four hours Our sloop came up with the Briganteen and fired One or two Guns, upon which she brought too and struck and then we took possession Of her, at which time this Depon't was Credibly Informed as well by Capt. Smith as his men and all Concern'd that she had been taken as a Prize by The Spaniards and Kept in their Custody Eleven days before she was Retaken By them, Whereupon the Quarter master and One hand more went on board the Said Briganteen to take possession of her as a Retaken Vessell. Capt. Norton Then Ordered Capt. Smith on board his Own Brig't with his Company, and This Depon't was also Ordered by the Quarter master and Company of the _Revenge_ Sloop to go on board said Briganteen to Secure and look after their Interest, With Orders to keep them Company Untill some farther Disposition shou'd be Made, which was Intended to be done the next day, but so it happened by Some Misadventure or Contrivance to this Depon't unknown they never Coul'd come up with the Sloops again (th'o they had Severall times sight of Them), Whereupon the said Smith and Company Alledging they shou'd be short Of Provisions Steer'd their Course towards Rhoad Island and in About Eight days After, in the Gulph of Florida,[4] we Came up with a large Merchant man as deep Laden as she Cou'd well Swim, she Standing in For the Westward and we being very near the florida shore Cou'd not Weather her and when she came up with us she fired a shot Over us, Upon which we brought too and then Ordered us to Come on board them In Our boat, but upon our telling them we had no boat they sent their Boat on board us with their Pilot and Severall Others, who staid on board That night and the next day. about the midle of the Afternoon they Left us After haveing plundered the Brig't of One barrell of Sugar, three Small Sails, a Sheet and Small Anchor, the sheet Cable[5] and Sundry Small Stores of little or no Value. Whereupon Capt. Smith took upon him to Order The Brigantine to Boston, Capt. Smith at the same time telling this Depon't He shou'd have mates Wages, And upon their passage Comeing near Block Island, Capt. Smith refus'd to go into Rhoad Island th'o Requested by the Depon't And Afterwards they put into Martha's Vineyard, where Capt. Smith Sold Rum and Other things to Cloath his people and then made his best Way for Boston where they arrived on or about the 23d of October last When they discharged this Depon't as soon as they well Cou'd and gave him Some money and told him to Go about his business.

JEREMIAH HARIMAN.

[Footnote 2: Commonly called the Old Bahama Channel, lying between the Jardines del Rey, or north coast of Camaguey province, Cuba, and the Great Bahama Bank.]

[Footnote 3: Lower corner.]

[Footnote 4: The part of the Atlantic Ocean east of northern Florida.]

[Footnote 5: The cable used with the sheet-anchor.]

1741 Nov'r 25 Jeremiah Hariman Appearing in the Registers Office made Oath to the Truth of the Aforegoing Deposition Before Me

ROB'T AUCHMUTY Judge Ad'y.

_149. Deposition of Thomas Smith. November 30, 1741._[1]

[Footnote 1: Records of the Admiralty Court held in Boston, "vol. V."]

The Deposition of Thomas Smith of Boston Mariner, Master of the Briganteen _Sarah_ as follows vizt. That on the 17th day of Septem'r last he being Master of said Brigantine in her Passage from Barbadoes, in the Lat. of 28 Degrees and 38 min's North and the Long. of Bermuda, said Briganteen Was Surprized and taken together with her Cargo Consisting of Rum, Sugar, Cotton and money to the Value of About Eighty Six Pounds Sterling by divers Subjects of the King of Spain in a Privateer Sloop mounted with Sixteen Guns Commanded by One Capt. Ponch[2] manned with upwards of Forty men, who took Out of the said Briganteen all the Aforesaid Money and Continued all the Rest Of the Cargo on Board of her, and the said Spanish Privateer Ordered the Depon't And four of his men on board the said Sloop and put some of their men on board The said Briganteen and turned her Long boat adrift and the said Sloop and Briganteen were Ordered to Keep Company with One Another and Steer for the Havannah and the Spaniards plundered said Briganteen both of Rum and Sugar And on the 26th of said Septem'r, said Briganteen being in the Old Streights of Bahama, Capt. Benjamin Norton in a Privateer Sloop from Rhoad Island Came up with the Aforesaid Spanish Privateer and the Depo'ts Briganteen, Took the Privateer and Retook the Brig't and Cargo and the said Norton took All the Spaniards out of said Sloop and Brig't and put them on board his Own Sloop and the Depon't Saith that Capt. Norton's Quarter master took out of his Brig't Some Cloaths, a Rug and Blankett, which was upon freight, Contrary to this Depo'ts Request, who told him said things were upon freight, and said Quarter Master also took from this Depon't forty pieces of Eight. Capt. Norton then Ordered this Depon't on board his Own Brig't with his own men and ordered the Depo't to keep him Company and Proceed to Rhoad Island. at The same time One Jeremiah Hariman, one of Capt. Norton's men, came on board The said Briganteen, but the wind being fresh and a very strong Current Setting Capt. Norton Outsailed the Brig't, who fell to Leward on the Bahama Banks[3] In About five fathom water and lost Sight of Capt. Norton for twentyfour Hours and then Stood for the Gulph,[4] designing for Rhoad Island, but in their Passage thither on the fourth day of October at Ten a Clock in the morning, being in the Lat. of 27 Deg's and 6 min's, the Depon't met with a Spanish Merch't Ship mounted with about Six Guns and Navigated with About Twenty five Men in the Gulph, Commanded by one Barnard Espinosa who was also Owner of said Ship, who came from the Havannah and was bound for the Canaries, Who took and made Prize of this Depon'ts Vessell and Cargo, put this Depon't and His men on board the said Spanish Ship and put his Own men on board the Briganteen to plunder her, and the said Ships Crew took Away the said Briganteens Jib, forestaysail, Sheet Cable and Anchor, five Great Guns, four small Arms, Maintopstaysail, Runners and [_illegible_] Stream Anchor,[5] two crows and all the Iron they could remove, and also some Sugar, Rum, Cotton, Wool, two coils of Rigging, and Sundry Stores Particularly mentioned in a Schedule, Lodged in Court, and also took of the said Briganteens Cargo five packets of Cotton, two hogsheads and half of Rum, One hogshead and four barrells of Sugar and Seven hundred weight of Loaf Sugar, and also Carried with Him in said Ship the mate, one hand and a Boy belonging to said Brig'n, In Order to Carry them into the Territories of the King of Spain to Shew That the Vessell and Cargo so Plundered belonged to British Subjects, and On the 5th of said October the said Espinosa gave this Depon't his said Briganteen at the Request of a Spanish Priest he had on board (he Haveing at first determined to set her on fire) as also the Remains of her Cargo, vizt. five hogsheads and half of Rum, four hogsheads and Eight Teirces of Sugar, belonging to the Owners of said Briganteen, which he has Since delivered to them, and nine hogsheads of Sugar, five Packets of Cotton and a Teirce of Rum which were Laden Upon freight, which he has since delivered to the Respective Owners, vizt. the nine hogsheads of Sugar to Wentworth and Monk, the five Packets of Cotton to Mr. John Woodhouse, and the Teirce of Rum to Capt. Foresyth, who paid him Freight for the same.

THOS. SMITH.

[Footnote 2: See doc. no. 145, note 83.]

[Footnote 3: The Great Bahama Bank lies southwest of the chief islands, toward Cuba. The vessels were proceeding northwestward toward the Florida Channel.]

[Footnote 4: Of Florida.]

[Footnote 5: A runner was a rope rove through a block. A stream anchor was an anchor of middle size, between a bower and a kedge.]

and this Depon't further adds that when he met With the said Spanish Ship he Ordered the aforesaid Jeremiah Hariman to Fire a Gun, he haveing a Hot Poker in his hand, who Refus'd to do it But Instead of that he let go the Main Halliards and lowered the Mainsail, And After the said Briganteen was taken by the Spanish Ship the said Harriman desired to enter on board said Ship, Giveing for reason that he Was a Roman and had a wife at St. Augustine,[6] and this Depon't also heard The Pilot of the Spanish Ship ask the Captain whether he would receive the said Jeremiah Hariman as a hand on board his ship but the Capt. Told said Pilot that he would not take him. this Depon't further declares that he for Severall years has Understood the Spanish language and that the hands on board the Spanish Ship were all of them Spaniards except the Pilot, who was an Englishman, and the Captain of her Showed this Depon't a Paper which he Called a Letter of Marque and this Depon't believes The same really was so.

THO. SMITH.

[Footnote 6: It is to be hoped that Captain Smith is misrepresenting Harriman, for Jeremiah Harriman was married to Mary Johnson in Trinity Church, Boston, on Apr. 29, 1744, the intention of marriage having been filed on Aug. 15, 1743. Boston Record Commissioners, _Reports_, XXVIII. 275, 342.]

1741 Nov'r 30th Thomas Smith made Oath to the truth of the Aforegoing in Open Court.

Att'r JOHN PAYNE, D.Reg'r.

_150. Decree of Vice-Admiralty Judge. December 7, 1741._[1]

[Footnote 1: Records of the Admiralty Court, Boston, "vol. V."]

The Case was then fully debated by the Advocates[2] on both sides and on the Seventh of Decemb'r Aforesaid his Honour the Judge gave the following Decree, vizt.

[Footnote 2: In English admiralty courts the two classes of lawyers--roughly, those who appeared in court and those who prepared the papers--were called advocates and proctors, corresponding to barristers and attorneys in the common-law courts.]

This Case on the Evidence Appears to me shortly to stand thus: On the 17th day of Sept'r last the Briganteen _Sarah_ in her Passage from Barbadoes to Boston was taken by a Spanish Privateer. on the 26th of said Month Capt. Norton in an English Privateer took the Spaniard and his said Prize, puts one of his hands on board of the Briganteen and Continues Mr. Smith the Master and his Crew belonging to her on board, Ordering him to keep him Company and Proceed to Rhoad Island, but the Briganteen Not being Able to keep up with the English Privateer lost sight of her, And in her Passage for Rhoad Island on the 4th of October was again taken By a Spanish ship, who plundered her the second time and Carrying with them the Mate, One hand and a Boy, on the 5th of October Aforesaid was prevail'd upon to Give the Briganteen with the Remains of her Cargo, etc. to the said Smith the Master, who brought her to Boston, and now the Owners of the English Privateer and Capt. Norton and his Crew demand one half for Salvage according to the Stat. In that Case (as they say) provided, and if they are Entitled to the Same is the Sole Question. In determining of which I shall Premise

1st. Its a Rule in Law that the Right of Changeing Property by force of Arms is so Odious that in the takeing of Goods if by any Possibility The Right Owner may have Restitution the same shall be done, and th'o a Larger time than twenty four hours happen between the Capture And Recapture, and so may pernoctare[3] with the Captor yet Restitution may be made.

[Footnote 3: Continue through the night.]

2 ly. The Sense and Understanding the Law hath of Privateers, vizt. That they Are such as receive no pay but go to war at their Own charge, and Instead of pay leave is granted to Keep what they can take from the Enemy, and alth'o such License is Granted yet may they not of their Own heads Convert to their Private use Prizes before the same have Been Adjudged by Law Lawfull to the Captors.

3 ly. There are Two Adjudged Cases that may Contribute to the Clearing up this Point. The First is in the War between England and Holland.[4] a Dutch man of war takes an English Merchant man and Afterwards an English man of war Meets the Dutchman of war and his Prize and in Aperto Prelio[5] regains the Prize. there Restitution is made, the Owners paying Salvage, _for had it been a Lawfull Prize to the Recaptor the Admiral wou'd have had a Tenth_. The Second is where a Ship Chartered in his Voyage happens to be taken By An Enemy, and Afterwards in Battle is Retaken by Another ship in Amity, And Restitution is made and she proceeds on her Voyage. the Contract is not Determined. th'o the taken[6] by the Enemy divested the Property out of the Owners, Yet by the Law of War the Possession was defeazable, and being Recovered by battle Afterwards, the Owners became Reinvested, so the Contract by [fiction] of Law became as if she never had been taken and so the Entire freight Became due.

[Footnote 4: It is difficult to identify these cases, for volumes of reports of admiralty decisions were not published until the beginning of Christopher Robinson's _Reports_ in 1798, and not many earlier decisions have since been reported; but the first of the cases here referred to may be one of the two, those of the _Laurel Tree_ and the _Palm Tree_, on which Sir Leoline Jenkins rendered, in 1672, opinions which are printed in Wynne's _Life of Sir Leoline Jenkins_, II. 770.]

[Footnote 5: Open battle.]

[Footnote 6: Taking.]

Lastly, I Observe the Words of the Stat. in the Case of Recaption[7] Agree with the Words of the Law in the Cases put, for the words In the Act are _shall be adjudged to be Restored to Such former Owner, etc. Paying in Lieu of Salvage, etc._

[Footnote 7: 13 Geo. II. ch. 4, sect. 18.]

These things thus Premised I Come to the Consideration of the Point before me, and am of Opinion the Prepon'ts are Not Entituled to Any Salvage, for that the Owners were never Absolutely Divested of their Property, as may fairly be Collected from what has been Before mentioned. Its true the Prepon'ts had a Right or Claim to Salvage On the Recaption, but before that right Cou'd be Adjudged lawfull to the Recaptors the Briganteen was again taken by a Spaniard, which puts an Entire End to Salvage for a former Recaption, because Retakeing and Restitution begets Salvage but the Prepon'ts Retakeing is lost by the Enemies Again takeing the Brig't, and in Fact its the Enemy that made the Restitution. Therefore I decree the said Libel to stand dismist, but inasmuch as the Prepon'ts have been in Part Instrumental towards the Preservation of the said Briganteen and th'o not Strictly Speaking by Law Entituled to Salvage and the Case being New, I decree the Def'ts to pay all the Costs.[8]

ROB'T AUCHMUTY, Judge Ad'y. 7 Decem'r 1741.

[Footnote 8: From this decree of Judge Auchmuty the owners of the _Revenge_ appealed (see docs. no. 151-158), but in vain. Opinions might well differ, as did those of the civilians consulted in London, doc. no. 153. High authorities declared that when a prize had been taken into firm and secure possession, the title of the original proprietor was completely extinguished, and was not revived by a recapture (The _Ceylon_, 1 Dodson 105). But as to English practice, the civilians of Doctors' Commons certified in 1678 that the custom of the High Court of Admiralty was to restore the recaptured vessel to the first proprietor, with salvage of one-eighth to the recaptors (Marsden, _Law and Custom of the Sea_, II. 102, _cf._ also 168, 193), and the statute 13 Geo. II. ch. 4, sect. 18, so provides, with enlargement of salvage when the enemy's possession had lasted longer; see doc. no. 145, note 61. But this present case was, or purported to be, a case of a _second_ recapture. A note in 4 Chr. Robinson 217 shows three cases in 1778, 1780, and 1781, of British prizes recaptured by the French, then captured again by the British; in one case the House of Lords awarded the vessel to the first captor, in the other two to the last. Justice Story, in one of his notes in 2 Wheaton, app., p. 46, says, "Where a hostile ship [_e.g._, Smith's brigantine when first encountered by Norton, in Spanish hands] is captured, and afterward is recaptured by the enemy, and is again recaptured from the enemy, the original captors [_e.g._, Norton] are not entitled to restitution on paying salvage, but the last captors [_e.g._, Smith] are entitled to all the rights of prize, for, by the first recapture, the whole right of the original captors is devested"; and he refers to the _Astrea_ (1 Wheaton 125), where Marshall in 1816 so decided, with as much emphasis as Sir Leoline Jenkins laid on an opposite doctrine in 1672. In 1741 doctrine was in transition from the earlier to the later view.]

_151. Appeal in Prize Case. December 8, 1741._[1]

[Footnote 1: Records of the Admiralty Court, Boston, "vol. V". From 1628 to 1708 appeals in prize cases from the sentences of vice-admiralty courts in the colonies had been heard in England by the High Court of Admiralty; since that date, they had, in accordance with 6 Anne ch. 37, sect. 8, been addressed to a body of persons specially commissioned for the purpose, called the Lords Commissioners of Appeal in Prize Causes. See the memorandum of Strahan and Strange (1735) in F.T. Pratt, _Law of Contraband of War_, p. 295. A commission (1728) for the trial of such appeals is printed in Marsden, _Law and Custom of the Sea_, II. 267-270.]

1741, Decem'r the 8. John Overing, Esq'r,[2] Advocate for the Propon'ts, Appeared In Open Court and Demanded an Appeal from the aforegoing Decree, Which the Judge Allow'd of Upon Securitys being given as the Act requires.

Att'r JOHN PAYNE, D.Reg'r.

[Footnote 2: Attorney-general of the province of Massachusetts Bay 1722-1723, 1729-1749.]

_152. Bond for Appeal in Prize Case. December 19, 1741._[1]

[Footnote 1: _Ibid._ The law required the appellant to give bond to prosecute. A similar bond (Rhode Island, 1756) is printed in Professor Hazeltine's monograph on "Appeals from Colonial Courts", in _Annual Report_ of the American Historical Association for 1894, pp. 344-345.]

On the nineteenth day of Decem'r Anno Dom 1741 Personally Appeared at Boston in New England John Overing, Esqr., and John Homans, Merchant, both of Boston Aforesaid, who Submitting themselves to the Jurisdiction of the High Court of Admiralty of England Obliged themselves, their Heirs, Executors and Admin's to Thomas Lee, Merch't, and John Tyler, Brazier, both of Boston Aforesaid, Owners of the Brig't _Sarah_, Thos. Smith Mas'r, In the Sum of Three hundred Pounds of Lawfull money of Great Brittain To This Effect, That is to say, Whereas John Freebody of Newport in the Colony of Rhoad Island, Merchant, Exhibited a Libel in the Court of Vice Admiralty for the Province of the Massachusetts Bay in behalf of Himself and Benja. Norton, Owners of a Privateer Sloop called the _Revenge_, And as Agent for and in behalf of the Officers and Mariners of said Sloop, Against the Aforesaid Brig't _Sarah_ for Salvage, etc. as per Libel on file More fully sets forth, And whereas by decree of said Court of Vice Admiralty Dated the Seventh day of Decem'r instant the said Libel was dismist, And the said Freebody haveing Appealed from said decree or Sentence to the Commissioners Appointed or to be Appointed Under the Great Seal Of Great Brittain for Receiveing, hearing and determining Appeals In causes of Prizes, now in Case the said John Freebody shall not Prosecute the said Appeal to Effect within twelve months from the Date hereof or in Case the Aforesaid decree Shall not be Revers'd By the said Commissioners, then they do both hereby Severally Consent That Execution shall Issue forth Against them, their Heirs, Executors, Admin'rs, Goods and Chattels, wheresoever the same shall be found, to the Value of the said Sum of Three hundred Pounds before mentioned, or Treble such Costs as shall be Taxed in the said Court of Vice Admiralty, But in Case the said decree be Reversed by the said Commissioners Then this Bail shall be Void and of none Effect, and in Testimony of The Truth thereof they have hereunto Subscribed their names.

Att'r JOHN PAYNE, D. Reg'r. J. OVERING. JNO. HOMANS.

Exam'd per JOHN PAYNE, D. Reg'r.

_153. Case (Freebody c. Sarah) and Opinions of Civilians. May 17, July 10, 1742._[1]

[Footnote 1: Massachusetts Historical Society.]

CASE.

The English Brigantine called the _Sarah_, Thomas Smith Master, together with her Cargo, consisting of Rum, Sugar, Cotton and money on Board, was in her Passage from Barbadoes taken and Seized by a Spanish Privateer mounted with Sixteen Guns and Manned with upwards of Forty Men, who took out of the said Brigantine all the Money, but Continued all the rest of her Cargo on board of her, and the Spanish Privateer ordered and Caused the Master and Four of the Brigantine's Men to be put on Board the Privateer and put some of the Privateers Men on Board the Brgt. and turned her Long Boat adrift and the Brigantine was Ordered to keep Company with the Privateer and Steer for the Havannah. About Twenty Leagues from the Havannah, near the Island of Cuba, an English Privateer Sloop called the _Revenge_ (Benjamin Norton Commr.) came up with the said Spanish Privateer in Company with the said Brigantine, Engaged and took the Said Spanish Privateer and at the same time retook the said English Brigantine and Cargo on board, and Capt. Norton then took all the Spaniards out of the said Spanish privatr. and English Brigantine and put them on board his own Privateer, and Ordered Thomas Smith, the Master, and Crew of the said English Brigantine from on Board the Spanish Privateer to be put on Board the said Brigantine, and at the same time put on Board her Jeremiah Harimen, One of his own Privateer's Crew, to keep Possession of her until Salvage Shd. be paid for the Recapture, at the same time with Orders to keep the Privateer Company and proceed to Rhode Island.

Soon after, either by the Contrivance of Thos. Smith, the Master of the Brigantine, or by the Wind blowing fresh, the Brigantine was Seperated or lost Sight of the Privateer.

The Brigantine met with a Spanish Ship Mounted with six Guns and Navigated with about 25 Men, who boarded the Brigantine and Plundred her and took out of her part of her Rigging, Sails, Cables and Anchors, and part of her Lading, and the next day they quitted her, but first took out of her the Mate, One hand and a Boy, and put them on Board their Spanish Merchant Ship and carried them away.

Capt. Smith afterwards proceeded with the said Brigantine and in her Passage coming near Block Island was desired by Jeremiah Harimen (who was put on board to keep Possession of her as a fore said) to go into Rhode Island but refused the same and proceeded to Boston, where upon her arrival the said Jeremiah Harimen was put out of possession of her, and Thos. Smith, the Master, Caused her Cargo to be unloaded and delivered and afterwards to be refitted, without the Least offering to pay any Salvage, under pretence that the Master of the Spanish Mercht. Ship after plundering the Brigantine gave the same to the said Thos. Smith the Master.

Thereupon the Commr. and Owners of the English Privateer caused the said Ship to be arrested in the Vice Admiralty Court of Boston to Answer the said Salvage.

Pleas were given and Admitted and Several Witnesses Exd. on both sides, and the Judge of Vice Admiralty dismissed the Cause without giving any Salvage whatsoever, from which Decree it is Appealed on the behalf of the Comr. and Owners of the said English Privateer.

_Observe._ By the Depo[sitio]ns of the Witnesses there Appears to be some Variation relating to the Seizure of the Brigantine by the Spanish Mercht. Ship. Thos. Smith, Master of the Brigantine, and his Mariners Swear that the Spanish Mercht. Man after seizing and plundering her gave him the Ship.

Jeremiah Hariman, who was put on board by the English Privateer in Order to keep Possesn. of her, differs from them in his depo[sitio]ns.

_Q._[2] Are not the Owners and Comr. of the English Privateer intitled to a Moiety of the said Brigantine and her Lading for Salvage by reason the Brigantine was in Possessn. of the Spanish Privateer above 96 hours before she was retaken, and whether they have not Just Cause of Appeal.

[Footnote 2: For query, on which the London agents of Freebody and Norton (see doc. no. 154), or an admiralty proctor acting for them, sought the opinion of eminent civilians at Doctors' Commons--Dr. Strahan, Dr. Paul, and Dr. Andrews--for all the practitioners in the admiralty and ecclesiastical courts were doctors, of the civil law (D.C.L., Oxford) or of the civil and canon law (LL.D., Cambridge).]

If Capt. Norton, the Commander of the English Privateer, after having retaken the Brigantine from the Spanish Privateer, had kept possession of her, and Carried her safe into a British port, he and his Owners would have been entitled to Salvage, According to the Directions of the Act of Parliament. But as the Brigantine was afterwards taken by another Spanish Ship, before she got into Port, and not protected against the Enemy by Capt. Norton, it seems to me very doubtful whether he can Claim the Salvage According to the Act of Parliament, For Salvage is understood to be a Reward to the Recaptor, who has not only rescued the Ship and Cargo out of the hands of the Enemy, but has also effectually Secured the same for the benefit of the Owners, till the safe Arrival of the Ship in a British Port, Which not having been done in the present Case, makes me doubt of Success in an Appeal from the Sentence.

WILL. STRAHAN.[3]

DOCTRS COMMONS, May 17, 1742.

[Footnote 3: An eminent advocate, of Scottish origin, M.A. Edinburgh 1686, D.C.L. Oxford 1709, an advocate from 1710, advocate to the admiralty 1741-1748. As to Doctors' Commons, see doc. no. 102, note 2.]

According to the Evidence given in this Case I am of Opinn. that the Brigantine the _Sarah_, being taken the 17th of Septemr. 1741 by a Spanish Privateer in a voyage from Barbados, and retaken on the 26th of Septemr. 1741 by the Privateer the _Revenge_ from Rhode Island, commanded by Capt. Norton, and convey'd to Boston, The Captain of the Privateer the _Revenge_ will be well entitled to Salvage for the Brigantine and her cargo, and the said vessel having been 96 Hours in possession of the Spaniards, the _Revenge_ Privatr. will be well entitled to a Moiety of the value of Ship and Cargo.

The said Brigantine being seiz'd on the 4th of October by a Spanish Merchant Ship and plunder'd will not abate the _Revenge's_ Right to Salvage. If the Spanish Merchant Ship did actually give the Brigantine (on the 5th of October at the request of a Spanish Priest) to Mr. Thomas Smith, that will not barr the Salvage because such Ship could have no property in the Brigantine. I therefore think that there's good Reason for an appeal if this Case be truly stated.

G. PAUL.[4]

DR. COMMONS, July 10th 1742 Copy

[Footnote 4: George Paul, fellow of Trinity Hall, Cambridge, a foundation specially devoted to the civil law, LL.D. Cambridge 1704, vicar-general to the archbishop of Canterbury 1714-1755, king's advocate 1727-1755.]

The Right of Salvage acquir'd by the Recapture of the _Sarah_ Brigt. was not, I conceive, extinguished by its being taken again by the Spanish Merchant Ship, she not being carried _intra praesidia_,[5] but only plundered and let go. The Pretence of a Gift thereof to Captn. Smith can have no weight, for the Spanish Mercht. acquir'd no property by the Capture and could transfer none to Smith, who has deliver'd the Cargo to the Owners and Freighters, to which he would have had as much right as to the Ship. As the pretended Gift could transfer no property, it could extinguish no right which had been acquir'd by the _Revenge_, Except as to such part of the Cargo as was taken away by the Spaniard. But the Owners and Company of the _Revenge_ are intitled to a Moiety of the full Value of the Ship and Cargo, as she arriv'd at Boston, without any Deduction, and I am of Opinion that there is just ground of Appeal from the Sentence given in the Court of Admiralty there.

J. ANDREWS.[6]

Copy.

[Footnote 5: "Within the places of safety", such as ports or fleets. "Movable goods carried _intra praesidia_ of the enemy become clearly and fully his property, and consequently, if retaken, vest entirely in the recaptors. The same is to be said of ships, carried into the enemy's ports, and afterwards recaptured". Bynkershoek, _Quaestiones Juris Publici_, lib. 1, ch. 5.]

[Footnote 6: For Andrew; John Andrew, fellow of Trinity Hall, LL.D. Cambridge 1711, chancellor and judge of the consistory court of the diocese of London 1739-1747. He must have had a profitable practice, for he left L20,000 to Trinity Hall.]

_154. Letters to Owner from London Agents. June 10, July 17, 1742._[1]

[Footnote 1: Massachusetts Historical Society. Such were the uncertainties of transatlantic correspondence that letters were often sent in duplicate, as here, where a copy of the letter of June 10 is enclosed in that of July 17. The London agents of Freebody were the firm of Wilks, Bourryau, and Schaffer, merchants.]

LONDON June 10th 1742. Mr. John Freebody. Copy per Capn. Jones.

_Sr._

We have receiv'd yor. favours of the 7th and 11th Decemr. inclosing sundry Papers and proceedings, relating to a Tryal in the Court of Admiralty at Boston between the Owners of the Privatr. _Revenge_ and one Capn. Smith which we have delivered to Mr. Everard Sayer, an eminent Proctor in the Commons,[2] who has perus'd them and taken the opinion of Doctr. Strahan, one of the best Civilians we have, of which we inclose you a Copy, which does not seem in yor. favour, but we shall get anor. Doctor's Opinion on it and see what he says.[3] the Store Bill you mention to have sent to Mrs. Harris[4] has never reach'd her hands, which we have formerly advis'd you of, we shall do all in our power to serve you in this Affair abot. the Appeal and hope to receive yor. farthr. Commands, remaing. with due Respect--

[Footnote 2: _I.e._, in Doctors' Commons.]

[Footnote 3: See doc. no. 153.]

[Footnote 4: Daughter of Wilks; see note 5, _post_.]

LONDON 17 July 1742.

_Srs._

Since the above Copy of our Last have recd. yr Favors of the 22d April. we are very Sorry to have occasion to inform you that our good Friend and Partner Francis Wilks, Esqr., departed this Life the 5th instant.[5] he had been in a very ill State of health for above two years past and the whole business of the house has been transacted by us for that time and we hope to the Satisfaction of all our Friends, who we Flatter our Selves will Continue their Favors to us and we Shall [be] ready to Serve you and promote yr. Interest to the best of our Capacity and assure you with great fidelity. we have taken Doctr. Paul's opinion ab't yr. Case which you have inclosed. it seems to be quite the reverse of what Dr. Strahan gave and is intirely for you; our Proctor has persuaded us to have yet another eminent Civilian's opinion, which if in our Favor he thinks we ought to pursue the appeal, of which shall acquaint you more hereafter. we have received the Certificate for the Snow _St. John_, Samll. Waterhouse, which have laid before the Navy board but have not as yet obtained a bill for the payment of it. at this Warr time there is so much hurry at the Navy office that we can not get any Satisfactory acct. relating to the head Money of the Spanyards taken by yr. Privateer. we are concerned at yr. Loss in the Man of Warr taking 15 of yr. Men.[6] it is an abominable practice yet it is what they frequently have done and go on with. there has been representations made abt. it at our Admiralty office but no redress has been obtained, only a few good Words that they would give orders to the Contrary. are pleased you got a litle ---- in her Way home. hope you will have greater Success hereafter which Shall be glad to hear. we Shall have a just regard to all yr Concerns under our Managemt. as if your own, and remain with due respect

Sir,

Yr. Most oblgd. h. Sts.,

BOURRYAU[7] AND SCHAFFER.

Mrs. Harris desires to be remembred to you. She is left sole [heiress of?] Mr. Wilks.

[Footnote 5: "Francis Wilks, esq., a director in the South Sea Company, died July 5." _Gentleman's Magazine_, XII. 387. He had been agent in London for the Massachusetts House of Representatives since 1728, and for Connecticut since 1730. Hutchinson, _Mass. Bay_, II. 353, describes him as a "merchant in London who ... was universally esteemed for his great probity as well as his humane obliging disposition".]

[Footnote 6: Impressment of seamen.]

[Footnote 7: Zachariah Bourryau, merchant, of Southampton Row, London, and Blighborough manor, Lincolnshire. He was of a French family settled in St. Christopher, W.I. He died in 1752, leaving an estate of about L40,000. _Caribbeana_, III. 251-252.]

_155. Decree of Vice-Admiralty Judge. July 7, 1742._[1]

[Footnote 1: Massachusetts Historical Society.]

Colony of Rhode Island, etc. } Curia Admiralitatis }

James Allen, etc. proponents } against the Schooner _St. Joseph_ } _de las Animas_ for Gunns, Ammunition, } One Slave and Cargo etc. }

Having maturely considered the Evidence in this Case as well as the examination of Francisco Perdomo Capt. of the Spanish Privateer who being duly notified of the Trial and here in Court and being asked what he had to offer why sentence of Condemnation should not be passed against the said Schooner, her Gunns, Ammunition, Rigging, Tackle, Apparel and Furniture, etc. To which he Answered he had taken several prizes and had had them condemned and his Vessel, etc., according to the Laws of Nations and Rules of War was a good prize and therefore he had nothing to gainsay the Condemnation.

I therefore adjudge and Decree the said Schooner and her Gunns, Cables, Anchors, Rigging, Sails, Tackle, Apparel, with the Slave and her Cargo, etc. mentioned in the Libel, to be Condemned as good and lawful Prize to and for the Use of the Captors and Owners of the said Sloop _Revenge_ to be divided according to the Articles made between them.

I further Decree the Owners of the _Revenge_ and the Captors to pay the lawful Charge of Condemnation and all incident Charges.

S. PEMBERTON, D. Judge.[2]

NEWPORT July 7th 1742.

The above is a true Copy taken from the original and Compared by me.

[Footnote 2: Samuel Pemberton, merchant of Boston, son of Rev. Ebenezer Pemberton of the Old South Church, was deputy judge of the admiralty court in Rhode Island for a brief period in 1741 and 1742. In the archives of Rhode Island, in a volume lettered "Admiralty Papers, 1726-1745", there is a libel of James Allen, captain of the sloop _Revenge_, privateer, against the Spanish sloop _St. Joseph_, captured Mar. 1, 1743, on the north side of Cuba. But that was another incident; the _St. Joseph de las Animas_ was a schooner.]

_156. Letters to Owner from London Agents. July 27, August 13, 1742, February 16, 1743._[1]

[Footnote 1: Massachusetts Historical Society. A continuation of the correspondence in doc. no. 154.]

LONDON 27th July 1742. Mr. John Freebody 1 p.c. Copy per Ellis

_Sir_

Since the foregoing Copy of our last have not recd. any of your favours. this serves to inclose you Dr. Andrews Opinion[2] relating to your Capture of Smiths Brigt. which as it is of your side and agreable to that of Dr. Paul we shall proceed in the Appeal and hope for Success, but as their Lordships in Councill[3] will not sitt to hear Appeals till February Next, you will have time En'o to give us your farther Directions about it and you may depend on our Serving your Interest as if our own. there is lately an Order come to the Navy Office for making out bills for the hire of American transports, which the Commrs. have promised to Comply with, so hope this will soon be ended and we shall hearafter acquaint you with our farther proceedings. we are with offers of Service--

[Footnote 2: See doc. no. 153.]

[Footnote 3: The commission to hear appeals generally included at this time the whole Privy Council.]

LONDON 13 Augt 1742.

_Sir._

Confirming the foregoing Copy of our Last, are not Favd. with any of yours. this Serves to inclose you Copy of yr Case abt. the Brigt. _Sarah_ and the opinion of the 3 Doctors of the Civill Law. we have given L50 Security in the Commons[4] to prosecute the affair in the appeal before the King and Councill. we Shall in a few Days have a Navy bill made out for the hire of the Certificate of the Snow _St. John_ when Shall acquaint you with the neat proceeds. We are with due respect

Sir

Yr. most hb. Servts.,

BOURRYAU AND SCHAFFER.

[Footnote 4: _I.e._, in the office of the registrar of the Lords Commissioners of Appeal in Prize Causes, in Doctors' Commons.]

LONDON Febry 16th 1742/3. Mr. John Freebody Copy per Capt. Turner

_Sir_

We have recd. your favors of the 20th Octo. and 14th Decemr. with your Power of Attorney, also copy of Condemnation and Certificate for recovering the Kings bounty of L5 per head for the Spanish prisoners taken by Capn. Norton on board the Spanish Scooner Privateer called the _Joseph de las Animas_, which we have laid before the Navy Board, but have not as yet been able to get any Satisfactory answer to this nor the other for the _Divino Pastor_ and _Ynvincible_ Sloop which was left with them some Months agone. these great Men in office

## particularly in Warr time think themselves so much engaged in

Governmt. Affairs that they Postpone every thing else, just at their own pleasure. We shall keep plying Constantly about 'em and hope to Succeed one time or other. there is not as yet a day appointed for hearing the Appeal about the Brigt. _Sarah_. We shall Vigorously prosecute the affair and Acquaint you, in due time, with our Success. we have Acquainted Dr. Paul and Andrews, with what you have further mention'd about Smith the Master of the Brigt., Capt. Norton and Compa. and Jeremiah Harriman, which hope may be of Service at the hearing. its certain you have been very unjustly dealt by in the proceedings of your Court of Admiralty, and are in great hopes you will meet with redress here at home. inclosed we send you Sales of the Freight Bill recd. on your Accot. for the hire of the _St. John_ Snow, Capt. Waterhouse, Net proceeds being L120.18.6, have Carried to your Credit. We heartily wish you further Success with Capt. Norton. Shure he's a Gentn. of a fine Gallant behaviour and a just Scourge to these Jack Spaniards and deserves publick rewards from all Merchts. and traders that use the Seas. We are sorry to Acquaint you that Mrs. Harris departed this Life in Octo. last after a Lingering Illness. we have not to add but to assure you that we shall in all Concerns observe your Interest as if our own, remaining with due respect

Sir

Yr. Most hb. Servts.

BOURRYAU AND SCHAFFER.

_157. Account rendered by a Proctor in London. February 10, 1744._[1]

[Footnote 1: Massachusetts Historical Society. It will be observed that an appeal was an expensive process; that advocates' fees were expressed in guineas, multiples of L1. 1s.; that the proctor felt that he had to have a coach whenever he went to attend one of the sessions of the court; and that "the law's delays" were abundantly exemplified. The Lords Commissioners sat in the Council Chamber at the Cockpit in Whitehall. Their procedure can be gathered from the printed briefs, for appellant and respondent, which are preserved in a few American libraries, often bearing manuscript annotations by the lawyers for whom they were prepared. The Library of Congress has a collection of such briefs, some 200 in number, 1751-1764, bound in four huge folio volumes, and still ampler collections for the later wars of the century, American and French. The library of Brown University has two such volumes, embracing briefs in forty or fifty cases, 1780-1782. Another collection, also bound in two volumes, formerly belonging to Mr. Gordon L. Ford, but now to the New York Public Library, is described by the late Paul L. Ford in the _Proceedings_ of the Massachusetts Historical Society, XXV. 85-101, with full data respecting the twenty-five American cases.]

John Freebody and Benja. Norton, Commander of the private Ship of War Called the _Revenge_, the Owners of the said Ship, Ag[ains]t Thomas Lee and John Tyler, Owners of the Ship Called the _Sarah_, whereof Thomas Smith is Mas[te]r, the Goods therein Lately Retaken by the sd. private Ship of War Called the _Revenge_,

In a Certain Cause of Appeal from the Vice Admiralty of the province of Massachusets Bay.

_May 1742_

For proctors fee consulted L0. 5. For perusing the whole proceedings 13. 4 For drawing a State of the Case for Counsel 16. 8 For a Copy thereof for Dr. Strahans Opinion 5. For Dr. Strahans fee giving his Opinion in Writing 2. 2. For Attending on him 6. 8 For a Copy of the Case for Dr. Pauls Opinion 5. For his fee giving his Opinion in Writing 2. 2. For Attending on him 6. 8 For a Copy of the Case for Dr. Andrews Opinion 5. For his fee giving his Opinion in Writing 2. 2. For Attending on him 6. 8 For Interposing a protocal of Appeal before a Notary 6. 8 For the Caution[2] entred into to prosecute the Appeal and Stamps 7. 6 For the Marshalls Report 8. For Entring into Bail 5. For the Proctors fee praying an Inhibition and Monition and Surrogates fee[3] 6.

[Footnote 2: Security or bond.]

[Footnote 3: On application, the Lords Commissioners of Appeal, or their deputy the _surrogate_, would issue an _inhibition_ to the judge of the court from which the appeal had come up, enjoining him to stop all further proceedings, and a _monition_ to transmit all the past proceedings in the cause to them; these latter documents constituted the _transmiss_ or _transmission_ mentioned below. Browne, _Civil and Admiralty Law_ (ed. 1802), II. 439. Clerke, _Praxis Curiae Admiralitatis_, tit. 57.]

_Aug't 5th 1742_

For the Inhibition and Monition under Seal and Stamps and Extracting 2. 6.10 For the Effect of that Said Inhibition 1.

_Nov'r 11th._

For attending when the Transmission was brought in by the Judge below L0. 5. For Compounding for the process 5. For Drawing a Libel of Appeal 16. 8 For Ingrossing the same and Stamps 7. 8 For the Advocates fee signing the Libel 2. 2. For Attending on him 6. 8 For Returning the sd. Inhibition and Monition at the Counsel Chamber when a Proctor appear'd for the Appellator and gave in a Libel 13. 4 For A Copy of sd. Libel for Advise Proctor and Stamps 7. 8 Fee when Issue was Joined 6. 8 For Attending when the Cause was Assigned for Sentence on the first Assignation 6. 8 For Coach hire 3.

_24 March [1743]._

For Attending at the Counsel Chambers when the Cause was Assign'd for Sentence at the next Court 13. 4 For Coach hire 3. For drawing a Breif for Councell 4.13. 4 For Drawing and making an Index and Abstract of the Process and Copy 1. 6. 8 For Copys of the Opinions given by the Counsell for their Use 13. 4

_10 May._

For Attending at the Councell Chamber when the Judges Assign'd the Cause to be heard the next Court 13. 4 For Coach hire 3.

_17._

For the same to the next Court 13. 4 For Coach hire 3.

_2 June._

For Attending at the Councell Chamber when the Cause was Assigned to be heard when their Lordships should Appoint 13. 4 For Coach hire 3.

_20th Octr._

For Attending at the Councell Chamber when their Lordships Assign'd the Cause to be heard the 27 instant. 13. 4 For Coach hire 3. For two Copys of the Brief for Councell and One for my Self L 5. 5. For Dr. Pauls fee to Attend the Lords of the Councell etc. 10.10. For Diverse Attendance on him 13. 4 The like for Dr. Andrews fee 10.10. For Divers Attendance on him 13. 4

_27th Octr._

For Attending at the Councell Chamber when the Cause was heard and their Lordships pronounced Agst. the Appeal and Condemned my Clients in L10 Costs According to Stile 1. 6. 8 For Coach hire 3. Paid the said Costs 10.10. Paid the Reg'rs Bill 2. 1.{5} For several Extrajudicial Attendance in the whole Cause 1. 6. 8 For Clark and Officers 10. For Letters and Sportalage[4] 7. 6 --------- L74. 9. 3

[Footnote 4: More properly, sportulage; meaning, apparently, a small customary present or fee to a judge, Lat. _sportula_.]

Everard Sayer, 10th Feb'ry 1743[5] Rece'd then the Contents EVERARD SAYER

Vera Copia per

[Footnote 5: _I.e._, 1744, N.S.]

LONDON Jan'y 31st 1746/7. I hereby do Certifie that the above is a true Copy.

ZACH. BOURRYAU.

_158. John Tweedy's Bill for Medicines. November 8, 1743._[1]

[Footnote 1: So the document is endorsed. Massachusetts Historical Society. The list may be taken as showing a typical outfit of medical and surgical supplies for a privateer. The symbols used in the manuscript for pounds, ounces, and pints are here replaced in print by the usual abbreviations, lbs., oz., pts.]

NEWPORT, Novr. 8th, 1743.

Capt. John Freebody and Capt. Ben Norton in Co., Drs.

To Sundrys for the Privateer Sloop _Revenge_, Capt. James Allen Com'r, Nicholas Holmes Chirurgeon, Viz.

Aq. Menth. Fort. 3-1/2 pts. L 1. 8. 0 Cinnamoni 1-1/2 pts. 0. 9. 0 Foenicl. d. 1 Bott. 0. 4. 6 Theriacal 1 Do. 0. 9. 0 Vitae 1 Do. 1.16. 0 Sp. Sal. Volat. oleos. 6 oz. 0.15. 0 Armoniac 8 oz. 0.16. 0 Nitri dulc. 4 oz. 0.10. 0 Salis dulc. 4 oz. 0.12. 0 Vin. Rectif. 3-1/2 pts.[2] 1. 8. 0 Elixr. Proprietatis, 20 oz. 3. 0. 0 Vitriol 3 oz. 0. 9. 0 Essent. Stomatical 34 oz. 5. 4. 0 Tinct. Castor. 3-1/2 oz. 0. 8. 3 Bezoartic 1 pt. 2. 8. 0 Euphorbii 4 oz.[3] 1.12. 0 Bals. Copivi 6 oz. 0.12. 0 Peru. 2 oz. 2. 8. 0 Sulph. Tereb. 1-1/4 oz. 0. 5. 0 Syr. Papaver Diacodii 4 pts. 5 oz. 2.11. 9 Croci 2 pts. 5-1/2 oz. 2. 7. 0 Limonum 2 pts. 1 oz.[4] 1. 4. 0 Oleum Hyperic. 3-3/4 oz. 0. 6. 0 Lini 3 pts. 0.13. 6 Succini 2 oz. 0. 8. 0 Juniper. 2 oz. 0.12. 0 Terebinth 3-3/4 pts. 0.15. 0 Olivarum 3-3/4 pts. 1. 2. 6 Anis. 2 oz. 0.12. 0 Amygd. dulc. 4 oz. 0.12. 0 Mel Rosarum 1-3/4 Pts. 1. 1. 0 Commun. 4 pts. 0.16. 0 Tamarindae 4.[5] 0.16. 0 Theriac. Andromach, 2 pts.[6] 2. 8. 9 Cons. Rosar. rubr. 1-3/4 pts. 1. 1. 0 Linimt. Arni. 1 pt. 0.16. 0 Ungt. Dialth. 1 pt. 0. 8. 0 Populion, 1 pt. 0.12. 0 Basilicon 1 pt. 1.12. 0 Alb. Camphor. 1 pt. 0. 8. 0 Sal Absinth. 2 oz. 0. 6. 0 Card. Benedict. 1 oz. 0. 8. 0 Prunel. 8 oz.[7] 0. 8. 0 Sp. Vitriol 5 oz. 0.10. 0 Elixr. Vitae 6-1/4 oz. 2.10. 0 Philon. Roman. 6 oz. 0. 9. 0 Diascordium 1 pt. 0.16. 0 Pulv. Ling. Dracon. 1 oz. 0. 5. 0 Gum Tragacanth 2 oz. 0. 4. 0 Bez. Miner 1-1/2 oz.[8] 0.16. 0 Emplast. Diachylon c' G. 1 lb. 0.16. 0 Oxycroceum 1-1/2 lbs. 0. 8. 0 Defensiv. 2 lbs. 1.12. 0 Paracels. 1 lb. 0.16. 0 Epispastic 1 lb. 1. 4. 0 Diapalm. 1 lb. 0. 6. 0 Stomach. Mag. 2 lbs. 2. 8. 0 Melilot. 1 lb.[9] 0. 6. 0 Verjus 6 pts. [?] 0. 4. 6 Flor. Chamomel 3/4 lb. 0.16. 6 Absinth. 1 pt. 0. 5. 0 Rad. Gentian. 1 lb. 0. 8. 0 Liquorit. 2 lbs. 1. 0. 0 Bardan. 4 oz. 0. 6. 0 Rhei Pulv. 6 oz. 11. 5. 0 Lign. Guejac. 1 lb.[10] 0. 1. 6 Ocul. cancr. praept. 6 oz. 0.15. 0 Coral. rubr. praept. 4 oz. 0.12. 0 Croc. Orient. 1 oz. 1. 5. 0 Cinnab. Antimo. 1/2 oz. 0. 4. 0 Conch. praept. 1 lb. 2. 0. 0 Pulv. Jalap. 8 oz. 2. 0. 0 Ipecacuanh. 6 oz. 1.16. 0 Pil. Ruffi 3 oz. 1. 4. 0 Catholicon 1 oz.[11] 0. 8. 0 Tereb. Venet. 2-3/4 pts. 1. 7. 6 Argent. Viv. 8 oz. 1.10. 0 Antimo. Crud. 1/2 lb. 0. 2. 6 Succ. Glyzyrrhiz. 1 pt. 0.14. 0 Rad. Sarsaparil. 3 lbs. 1. 4. 0 Hyssop. 1/2 lb. 0. 2. 6 Centaur. Minor. 1/2 lb. 0.12. 0 Extract Cass. Fistul. 2-1/4 pts.[12] 1.16. 0 a Pewter Glyst. Syringe 5. 0. 0 Skines No. 4 1. 0. 0 Tartar. Vitriolat. 1 oz. 0. 4. 0 Sal Armo. 4 oz. 0. 6. 0 Flor. Rosar. Rubr. 1/2 pt. 2.17. 0 Crem. Tart. Part. Pulv. 1.10. 0 Resin. Jalap. 2 oz. 2. 8. 0 Dulc. Gutt. Gamb. 1 oz. 0. 5. 0 Sponge 2 oz. 0. 8. 0 Cantharides 1 oz. 1. 4. 0 Vitriol. Roman. 1 oz. 0. 1. 3 Flores Sulphur. 1/2 pt. 0. 3. 0 Alum. Crud. 1/2 lb.[13] 0. 1. 0 Bacc. Juniper. 2 pts. 0.10. 0 Resin Comun. 4 lbs. 0. 3. 0 Lap. Calamin. praept. 1 oz. 0. 1. 0 Sach. Saturn. 2 oz. 0. 8. 0 Cinnamom 6 oz. 1. 2. 6 Cubebs 1 lb. 1. 4. 0 Zinziber 1/2 lb. 0. 1. 0 Empl. de Ranis [cum Mercurio] 1/2 lb. 0.12. 0 Rad. Serpent. Virg. 11 oz.[14] 0. 8. 3 Myrrh. Pulv. 1-1/4 oz. 0. 6. 3 Ol. Rorismarin. 1/2 oz. 0. 8. 0 Lavend. 3-3/4 oz. 2. 5. 6 Sem. Sinapios 2 lbs. 0.10. 0 Cinnabar factit. 1 oz. 0. 5. 0 Lith. Aur. praept. 1 lb. 0.12. 0 Acetum 3 pts. 0. 3. 0 Pulv. Scamo. 1 oz.[15] 0.10. 0 Lap. Tutiae praept. 2 oz. 0. 8. 0 Senna 1 oz. 0. 2. 6 Rad. Chinae 1/2 lb. 1. 0. 0 1 Sett Weights 0. 7. 0 Conf. Alkerm. 2 oz. 0.12. 0 Hyacinth. 2 oz. 1. 4. 0 Tinct. Myrrh. 9 oz. 1. 4. 0 Syr. Rhei 6 oz[16] 0.15. 0 6 Square Bottles 1. 1. 0 4 qt. Bott. 0. 5. 0 4 Blue and white pots 0.14. 0 Tow 1. 5. 0 Vials and pots, 1 Doz. 0. 8. 0 6 Doz. Corks large and small 0. 6. 6 Ras. Corn. Cerv. 6 oz.[17] 0. 6. 0 a Box 0. 8. 0 a Broken Red and Do. White Skin 0. 7. 0 a Mortar and Pestle 1.13. 0 an Iron Laddie 0. 7. 0 a Stone Coffee Pot 0.10. 0 --------- 130. 2. 9

Newport June 14, 1744. Recd. the full Contents per John Tweedy.

[Footnote 2: Spirits of mint, of cinnamon, of sweet fennel-seeds, of treacle, aqua vitae, spirits of ammoniacal volatile oil, of sal ammoniac, dulcified spirits of nitre and of sal ammoniac, rectified spirits of wine.]

[Footnote 3: Elixir of propriety, of vitriol, stomach essence, tincture of castor, bezoartic tincture, tincture of euphorbia. For the wonderful properties of the bezoar-stone (really a concretion found in the intestines of the wild goat, or, sometimes, a coprolite) and its derivatives, see Eggleston, _Transit of Civilization_, pp. 64-66, 90-91.]

[Footnote 4: Balsam of Copaiba, Peruvian balsam, terebinthated balsam of sulphur, syrup of poppy (= diacodium), syrup of saffron, lemon juice.]

[Footnote 5: Oil of St. John's wort, linseed oil, oil of amber, of juniper, of turpentine, olive oil, oil of anise, sweet almond oil, rose honey, ordinary honey, tamarinds.]

[Footnote 6: Theriaca Andromachi, Venice treacle, a remedy which had long been highly esteemed, and which comprised 61 ingredients, according to the _Pharmacopeia Collegii Regii Medicorum Londinensis_ (London, 1747), _s.v._ See also Eggleston, _Transit_, p. 63.]

[Footnote 7: Conserve of red roses, arnica liniment, ointment of marshmallow root, of poplar-buds, basilicon ointment, ointment of white camphor, salt of wormwood, salts of the blessed thistle, sal-prunella.]

[Footnote 8: Spirits of vitriol, elixir vitae, confection of opium, diascordium, powdered dragon's blood, gum tragacanth, the mineral bezoar.]

[Footnote 9: Plaster of diachylon and gum (c. G. = cum gummi), of saffron and vinegar, defensive plaster, plaster of Paracelsus, blistering plaster, diapalma plaster, compound laudanum plaster, melilot plaster. The term "emplastrum Paracelsi", so the librarian of the Surgeon-General's Office informs me, is not given as such in the older medical dictionaries, and was probably not a current term; but in vol. II. of Robert James's _Dictionary of Medicine_ (London, 1745), extended reference is made to a plaster compounded of ammoniac, galbanum, opopanax, turpentine, litharge, and many other ingredients, described as "extolled to the skies by Paracelsus", and this may be the one which Tweedy here lists.]

[Footnote 10: Verjuice, chamomile flowers, wormwood, gentian root, liquorice root, burdock root, rhubarb root, lignum vitae.]

[Footnote 11: Prepared crabs'-eyes (= Gascoin's powder), prepared red coral, Oriental saffron, sulphide of antimony, prepared shells, powdered jalap root, powdered ipecacuanha, pills of aloes and myrrh, catholicon (_i.e._, good for what ails you) pills.]

[Footnote 12: Venice turpentine, quicksilver, crude antimony, liquorice juice, sarsaparilla root, hyssop, lesser centaury, extract of cassia fistula.]

[Footnote 13: Vitriolated tartar, sal ammoniac, red rose petals, powdered cream of tartar, resin of jalap, dulcified gamboge-resin, sponge, cantharides, blue vitriol, flowers of sulphur, crude alum.]

[Footnote 14: Juniper-berries, common resin, calcined carbonate of zinc, sugar of lead (sugar of Saturn), cinnamon, cubebs, ginger, plaster of powdered frogs and mercury ("Emplastrum de Ranis cum Mercurio", see Eggleston, _op. cit._, pp. 57, 58, 85), Virginian snakeroot.]

[Footnote 15: Powdered myrrh, oil of rosemary, oil of lavender, mustard-seed, sulphide of mercury, prepared goldstone (yellow topaz?), vinegar, powdered scammony.]

[Footnote 16: Tutty (zinc oxide), senna, china-root, confection of alkermes (see Eggleston, pp. 86-87), confection of hyacinth, tincture of myrrh, syrup of rhubarb.]

[Footnote 17: Filings of hartshorn.]

_159. Account for the Revenge. June, 1744._[1]

[Footnote 1: Massachusetts Historical Society.]

The Sloop _Revenge_, Dr.

1744, June 7th. To the Judges fees for Condemnation, etc. L70. 0s. 0d.

June 16th. To James Honyman,[2] Attorneys fees 70. 0. 0

[_Illegible_] 20th. To Thos. Ward,[3] Attorney fees 70. 0. 0

To the Register, fees and bonds for appeale, 5. 0. 0

To John Freebody, Acct. for Sundrys Paid 97. 6. 6

June 15th. To Wm. Kings Acct. for Masters Dyet 13.17. 7

To Capt. Allin, Acct. for Pilotage, Providence 8. 8. 0

To Jno. Harriss, acct. for Sur. Qt. Master 1.10. 6

June 15th. Jno. Renick. To 2 Men 19 Days at 8s. a Day amt. to 15. 4. 0

To Mr. Fox [?] Acct. for the Masters Claim 5. 0. 0

To Mr. Danll. Saveti [?] Linguester[4] fees 10. 0. 0

Tweedy 15th. To the Docters Chest 165. 0. 0

To Storidge, Warfidge, etc. to J.F. 20. 0. 0 ----------- 551. 6. 7

Doctors Chest to Deduct out of their Div'd[5] 165. 0. 0 ----------- L386. 6. 7

[Footnote 2: Attorney-general of Rhode Island 1732-1740.]

[Footnote 3: Son of Governor Richard Ward, and secretary of the colony 1747-1760.]

[Footnote 4: Interpreter.]

[Footnote 5: _I.e._, it is concluded that the surgeon's supplies (similar no doubt to those which Tweedy took for an earlier voyage, doc. no. 158) should rather be deducted from the men's share, as a proper charge on them, than charged to the whole account of the privateer.]

Per Contra Cr.

1744, June 7th. By Sundrys Sould at Vandeu At Provdc. L2123.12s. 6d.

By the Hides and Tobacco 569. O. O ---------------- L2692.12. 6 Charges 386. 6. 7 ---------------- L2306. 5. 11 ---------------- Owners 1/3 768.15. 3-1/2 768.15. 3-1/2 ---------------- Mens 2/3 1537.10. 7 Docter Chest Deduct 165. 0. 0 ---------------- L1372.10. 7 629. 5. 0[6] ---------------- The Comp. Dividend to Divide among them L2001.15. 7

J.F. 1/2 is L384. 7. 7-3/4 Owners 1/3 L768.15. 3-1/2 1/8 is 96. 1.10-3/4 1/2 384. 7. 7-3/4 1/16 is 48. 0.11-1/2 1/4 192. 3. 9-3/4 ------------- 1/8 96. 1.10-3/4 528.10. 6 1/16 48. 0.11-1/2 B.N. 1/4 is 192. 3. 9-3/4 1/16 is 48. 0.11-1/2 ------------- 768.15. 3-1/2

[Footnote 6: I do not know the source of this increment. The calculations below show that, at this time, Freebody owned 11/16 and Norton 5/16 of the _Revenge_.]

_160. Agreement: The Revenge and the Success. November 10, 1744._[1]

[Footnote 1: Massachusetts Historical Society. This, it will be seen, was Freebody and Norton's copy of the agreement. With the aid of documents found elsewhere, the history of the _Success_ can be pieced out. Among the records of the vice-admiralty court at Boston there is a thin book of "Accounts of Sales", which begins with accounts of sales of the _Success_ and her cargo, July 22-Oct. 7, 1743, from which it appears that she was a British vessel, recaptured from the enemy by the privateer bilander _Young Eagle_, John Rous commander, the same privateer that brought in the _Amsterdam Post_, with its former lieutenant now commander (doc. no. 128, note 9). Then, in the Rhode Island archives, "Admiralty Papers, 1726-1745", pp. 63-82, we have the libel and other papers in the case of James Allen of the _Revenge_ and Peter Marshall of the _Success_ against the _Willem_ galley (see doc. no. 161), which shows one of the successes of this joint cruise to have been that, on Mar. 16, 1745, in the Old Bahama Straits, the two associates took the ship _Willem_, sailing under Spanish colors and under the command of Cosme Zeggrayne (Zegarain), but which originally was a Dutch ship, commanded by Pieter Couwenhoven.]

Memorandum of Agreement indented made and concluded upon the Tenth Day of November in the Eighteenth year of the Reign of our Sovereign Lord George the Second, King of Great Britain etc., Annoq. Dm. One thousand Seven hundred and Forty Four, Between John Freebody and Benjamin Norton, both of Newport in the County of Newport in the Colony of Rhode Island, etc., Merchants, Owners of the private Man of War Sloop _Revenge_, whereof James Allen is Commander, of the one part, and William Read, Jonathan Nicholls and William Corey, all of Newport aforesd., Merchants, and Robert Hazzard of Point Judith in South Kingstown in the County of Kings County in the Colony aforesaid, Yeoman, Owners of the private Man of War Sloop _Success_, whereof Peter Marshall is Commander, the other part, Witnesseth, That the Owners of the said Sloop _Revenge_ and the Owners of the said Sloop _Success_ do hereby Mutually Covenant, promise and Agree that the said Two Sloops or Vessels, Captains, officers, and Companies belonging to them, shall Unite, Assist each other and Concert together for and during their whole Voyage and until their return to Newport aforesaid, During all which time One third part of all Vessels, prizes, prize Goods, Money and whatsoever other Benefit or advantage shall be made during the said Voyage until their return to Newport aforesaid, either in Company or seperately, shall remain to the Use and benefit of the Owners belonging to both the said Vessels to be equally shared and divided between them According to the Articles belonging to both the said Vessels. And further that if either of the said Vessels happens to be disabled so as to be unfit for her Cruising or proceeding the said Voyage, then the other of the said Vessels shall assist in getting her into any of such port as shall be most convenient for her in Order to refit for her Cruise again.

And also that if the said Vessels shall at any Time during the Voyage aforesaid happen to part from each other by Stormy Weather or otherwise and either of them happen to be Shattered, damnified or unfit to proceed her Cruise aforesaid, she shall make the best of her way to some Convenient Port, where she shall be immediately repaired and fitted out again on her Cruise, and the Captain, Officers and Company belonging to her shall Use their Utmost endeavours to find her Consort and continue their Cruise until both the said Vessels arrive at Newport aforesd. (The Danger of the Sea excepted), And also that if either of the said Vessels happens to be lost in any Engagement or otherways each Vessels Owners shall Share and divide as herein beforementioned, And also that in Case any of the Men belonging to either of the said Vessels happens to loose a joynt or joynts, Limb or Limbs in any Engagement, such person so loosing the same shall be paid out of the whole of each Vessel of what shall be taken during their Cruise aforesaid.

And Lastly, for the true performance of all and every the Covenants and Agreements herein beforementioned the said parties hereunto do bind themselves unto the other of them and to the Heirs Executors and Administrs. of the other of them in the penalty or Sum of Twenty thousand pounds Sterling Money of Great Britain, firmly by these presents (The Danger of the Sea only excepted). In Witness whereof the said parties to these presents have hereunto Interchangeably set their Hands and Seals the Day and Year within written.

Sealed and Delivered

WM. READ. JOHN COOK. JONTH. NICHOLS. SILAS COOKE. WILLIAM CORY. ROBERT HASZARD, JUNR.

_161. Inventory and Appraisement of the Prize Willem. June 8, 1745._[1]

[Footnote 1: Massachusetts Historical Society. The _Willem_ Galley, a Dutch vessel trading between Amsterdam and Curacao, was seized by a Havana privateer on charges of smuggling, was then retaken by the _Revenge_ and _Success_, cruising together in consequence of the above agreement, doc. no. 160, carried into Rhode Island, and condemned as a prize by the vice-admiralty court there. An appeal was taken. The briefs presented in the case when it came before the Lords Commissioners of Appeal seven years later, Nov. 30, 1752, are in the collection of such briefs mentioned in note 1 to doc. no. 157 as belonging to the New York Public Library, and are described by Mr. Paul L. Ford in Mass. Hist. Soc., _Proceedings_, XXV. 99. The question was, had the _Willem_ become a Spanish ship. The Lords Commissioners restored it to the appellants, Pieter Couwenhoven and other Dutch subjects. The respondents were Capt. James Allen and others; one of their two advocates was Dr. George Hay, afterward Sir George Hay, judge of the High Court of Admiralty.]

Inventory and Appraisement of the Prize Ship brought into this port by Capts. Allen and Marshall with her Cargo.

The Ship with her Appurtenances etc. L5000. 0. 0 12 Carriage Guns with their Tackle and Shott and other Appertinences 1200. 0. 0 669 Seroons[2] Cocoa Wt. Nt. 606 C. 1 Qr. 14 lb. at L15 9095.12. 6 173 Bags Ditto Wt. Nt. 330 C. 8 lb. at L15 4951. 1. 5 165 Casks Ditto Wt. Nt. 246 C. 1 Qr. 16 lb. at L15 3695.17.10 122 Bbbls. Coffee Nt. 162. 3.18 32 Bags and 1 Chest Do. 49. 1.21 51 Large Casks Do. 323. 3.21 --------- 536. 1. 4, Nt. 60064, at 3s. 9009.12. 0 60 Hogsh'ds Sugar Wt. Nt. 444. 2. 23 at L8 3557.12.10 90 Ditto Wt. Nt. 662. 3. 11 at L7 4639.18. 9 56 Ditto Wt. Nt. 373. 1. 20 at L6 2240.11. 5 39 Ditto Wt. Nt. 236. 3. 20 at L5 1184.10. 8-3/4 17 casks of Allspice Wt. Nt. 4497 lb. at 2s. 6 562. 2. 6 4524 Hides Wt. Nt. 103877 lb. at 16d. 6925. 2. 6 33 Tons of Wood and 6 Hundred at L45 Ton 1498.10. 0 9 Packs and 1 Cask of Indigo Wt. Nt. 1191 at 18s. 1071.18. 0 3 Chests with some Carpenters and Coopers Tools and old Iron 30. 0. 0 16 Small Boxes of Chocolate 47. 0. 0 5-1/2 Brls. and 1 Qr. Brl. of Powder 110. 0. 0 1 Doctors Chest and Instruments 70. 0. 0 1 Chest of Tea in Cannisters 70. 0. 0 1 Box of Pins, Spectacle Cases and Thimbles 10. 0. 0 7 Remnants Cordage Wt. Nt. 4 C. 0 Qr. 21 lb. 62.16. 3 1 Basket of Nails Wt. Nt. 2 C. 20. 0. 0 1 Brl. and a small Parcel of Turtoise Shell Wt. 43 lb. at 25s. 53.15. 0 4 Caggs of Powder Blew[3] Wt. 352 lb. at 2s. 6 44. 0. 0 60 lb. of Old Pewter and Copper at 3s. 6 10.10. 0 7 Casks of Lime Juice 5.15. 0 1 Bed Pillar and 3 Cushions 4.10. 0 2 Looking Glasses 1 Booke 7. 5. 0 5 old Tea Kettles 6. 0. 0 Sundry old Earthen Ware, Pewter, Empty Cases, empty Chests and old Rusty Tools etc. 20. 0. 0 1 Cag of old Butter 1. 0. 0 1 Brl. of Flour 1.10. 0 1 Case of Oyl 7. 0. 0 1 Basket of Nails and Paint 6. 0. 0 1 Case of Oyl part full 3. 0. 0 11 Old Mapps 1. 0. 0 8 Boxes of Sweet Meats 16. 0. 0 1 Box of Nails 2. 0. 0 19 Ironbound old Casks 25. 0. 0 1 Cask of Lamp Oyl 10. 0. 0 2 Boxes Shells 1. 0. 0 2 Cags pickled Limes 2. 0. 0 1 Case Spirrits 5. 0. 0 1 Tub of Cartridges 3. 0. 0 4 Hand Screws 10. 0. 0 1 Bag of Old Pewter 4. 0. 0 6 Blunderbusses 25. 0. 0 8 Cutlasses 8. 0. 0 5 old Pistols 5. 0. 0 11 Old Small Arms 33. 0. 0 1 Small Cabbin Table 10. 0 1 Large Coffee Mill 5. 0. 0 3 Jugs of Sweet Oyl 5. 0. 0 9 Boxes Thread qt. 285 lb. at 32s. 456. 0. 0 2 pr. Brass Scales with a Beam in a Case 12. 0. 0 14 Handkfs. 6. 0. 0 1 pc. Blew Silk 45. 0. 0 42 Doz. Mens and Womens Gloves 126. 0. 0 8 pc. Chince at L7. 10. 60. 0. 0 6 pc. Britannias 15. 0. 0 6 pc. Coarse Muslin 15. 0. 0 3 Gauze Handkfs. 4.10. 0 1 pr. Silk Stockings 2. 5. 0 6 pr. Embroider'd Vamps for Shoes and Slippers 6. 0. 0 3 Papers Thread 6. 0. 0 2 pr. Burdett 10. 0. 0 1 pc. Blew Callico 8. 0. 0 Remnt. of Blew and White Linnen 4. 0. 0 15 Stone Rings 37.10. 0

[Footnote 2: A seroon, Sp. _seron_, was a bale or package made up in an animal's hide.]

[Footnote 3: Kegs of the blue powder used by laundresses.]

In a Chest.

2 pr. Stockings and pr. Mittens 5. 0. 0 1 Bag of Segars[4] 5. 0 2 Skins 10. 0 8 ps. Dowlas[5] 80. 0. 0 1 ps. Table Linnen 45. 0. 0 6 ps. Silk and Cotton Stuff at L9 54. 0. 0 1 pr. Fustian Breeches, 6 prs. Sleezes and 2 pr. Cotton Stockings in a Bag 12. 0. 0 1 pc. Coarse Linnen 16. 0. 0 4 pc. check'd Linnen 32. 0. 0 1 pc. Striped Do. 20. 0. 0 1 red Skin 1. 0. 0 2 pc. Cambrick 40. 0. 0 1 pc. Fustian 10. 0. 0 1 Coarse Table Cloth and 2 Napkins 1. 0. 0 1 Box of Glass 1. 0. 0 2 Large Pewter Plates or Dishes 4. 0. 0 1 Mettle Salver 15. 0 1 Brass Coffee Pot 1. 0. 0 3 Pewter Measures 15. 0 24243 lb. of Varinas[6] Tobacco in Packs at 20d. 2020. 5. 0 37127 lb. of Tobacco at 8d. 1237.11. 4 44 Ozs. and 16 p.w. Gold at L24 p. Oz 1091. 4. 0[7] 463 Ozs. and 12 Gr. Silver at 33s. p. oz. 764. ------------ L61631.12. 2

[Footnote 4: Up to 1800 cigars were almost unknown in the continental colonies; North American smokers used pipes. In the West Indies, however, where Columbus in his first month encountered the cigar, and in South America, the cigar was the customary form and the pipe was almost unknown.]

[Footnote 5: Dowlas was a coarse fabric of linen; fustian, mentioned just below, of cotton.]

[Footnote 6: Varinas is a district in Venezuela from which came a tobacco especially good for the making of cigars.]

[Footnote 7: This sum should apparently be L1075 4s. Also, the sum total, below, is not quite correct; but, even in depreciated Rhode Island currency, it was a sum worth contending for in prize courts.]

Given under Our Hands at Newport this 8th Day of June 1745.

Signed by WM. STRENGTHFIELD. WM. MUMFORD. GEORGE WANTON.

[Endorsed:] An Acct. of Dutch Ship _William_ Cargo a Prize.

_162. A Proctor's Account. 1745._[1]

[Footnote 1: Massachusetts Historical Society.]

Zachariah Bourryau Esqr. Dr. to John Smith.

Foster Cunliffe Esquire[2] and others Owners of the Ship Called the _Angola_[3] whereof George Smithson lately and Philip de Anieta afterwards was Master and her Tackle, Apparel and Furniture and Also of the Goods, Wares and Marchandize Laden therein Agt. James Allen Commander of the Private Ship of War _Revenge_ and James Wimble Commander of another Private Ship of War _Revenge_.[4]

[Footnote 2: Foster Cunliffe (1682-1758) was one of the chief merchants of Liverpool, if not indeed the chief, thrice mayor, "a merchant whose sagacity, honesty, and diligence procured wealth and credit to himself, and his country", says his monument in St. Peter's Church--and one of the first to appreciate and utilize the advantages of the African slave trade. H.R. Fox Bourne, _English Merchants_, II. 55-57; Enfield, _History of Liverpool_, p. 43.]

[Footnote 3: The _Angola_ (the name indicates a ship engaged in the African trade), on her way from Jamaica to Liverpool, had been captured by the Spaniards and then retaken. Gomer Williams, _The Liverpool Privateers and the Liverpool Slave Trade_, p. 659. For the law in such cases, see doc. no. 150, note 8.]

[Footnote 4: Enclosed in a letter of Rear-Adm. Sir Chaloner Ogle to the Privy Council, Feb. 19, 1744, is one of Dec. 3, 1743, from "James Wimble, captain of the English privateer _Revenge_, lately cast away upon Hispaniola". _Acts P.C. Col._, VI. 260.]

In a Cause of Appeal from the Vice Admiralty Court at Rhode Island to the Lords Commissioners of Appeal for prizes.

_Aprl. 1745._

For Proctors retaining fee L0. 6. 8 For Attending Several times at the Admiralty Office and looking up the Proceedings 13. 4 For Attending before the Lords and Exhibiting for the parties Appellate when the Cause was Assign'd for Sentence and Informacon next Court day 1. 6. 8 Coach hire and Expences 6. 0 For Compounding for the Process and Attending 1.18. 8 For Perusing the Process 13. 4 For making answers and Abbreviating the Acts 1. 6. 8 For Copies for Council 16. 8 Acts of Court 10. 8 Clerks and Officers 2. 6 Sportulage 2. 6 -------- L8. 3. 8 --------

Trinity Term 1745

Term fee 6. 8 For drawing A long Allegation in Acts of Court 13. 4 For a Copy of a long Allegation in Acts from the Adverse proctor 10. 8 For a fair Copy of the whole for the Court 13. 4

_July 15._

Attending at the Cockpit when their Lordships decreed Restitution of the Ship and Goods paying one Moiety for Salvage 1. 6. 8 Coach hire and Expences 6. 0 For Attending upon the Register and Settling the Interlocutory Order 0. 6. 8 Register Bill for Order of Court 1.16. 8 Acts of Court 13. 4 Sportulage 6. 8 --------- Total L15. 3. 8

JOHN SMITH

London January 31th 1746/7 I hereby do Certifie, that the within is a true Copy of the acct deliver'd me by Mr: John Smith Proctor, witness my hand

ZACH: BOURRYAU.

_163. A List of Gunner's Stores._[1]

[Footnote 1: Massachusetts Historical Society.]

Gunners Stoors

8 Barrels of Powder 50 dubbel headed Shot 500 lb of Musket Baals for great guns and Swivel and small Arms 6 bunches of gun Match 6 lb of fine Brimstone 3 lb of Saalpeter 2 lb of Rossin 5 quire of Cathress[2] Paper 8 quire of White Paper for Small Arms, Cathress One hand Vice 4 Ladels for the great Guns 2 Ladels for the Swivell guns 500 Iron Shot for the Swivel guns Scheat Led for the guns 400 hundred of Flints 12 thomkans[3] Swivel guns 6 thomkans for great Guns 4 gunners handspeak[4] 5-1/2 lb of brown thred 2 dozen of Cathress Needels 6 Sail Needels and 2 plaats[5] 4 Schains of twine 2 Lines for thomkans 6 Schains of Maarlen[6] 6 blocks for gun takels and 24 fadem of roop for guntakels faals[7] 3 Caases for Powder flaaks[8] 2 fyles and 4 bitts for the guns 2 Iron Schouranrod[9] for the Small Arms To thousand off pump heals Half a Gallon of Sweet oyle

[Footnote 2: Cartridge.]

[Footnote 3: Tomkins, old form for tampions, the plugs set in the muzzles of cannon.]

[Footnote 4: Handspike.]

[Footnote 5: Plates.]

[Footnote 6: Skeins of marline, soft line used for seizings.]

[Footnote 7: 24 fathom of rope for gun-tackle falls.]

[Footnote 8: Flasks.]

[Footnote 9: Scouring-rods, ramrods.]

_164. Suggestions as to plundering Hispaniola._[1]

[Footnote 1: Massachusetts Historical Society. Inserted as a specimen of a kind of information, useful to marauders, which privateers often brought home. The fragment is undated, but it is one of the papers of the _Revenge_, presented to the society by Professor Norton, and is no doubt of the same period as those which precede. It relates to the French or western part (now Haiti) of the island of Hispaniola; for the war with Spain which had begun in 1739 had widened in 1743 into a war with France also, the "War of the Austrian Succession", which continued till 1748.]

The Tradeing Vessells from France that comes to Highspanyola puts in At St. marks where They Sell Some part of their Cargo payeble in Indego from thence they go to Lugan, Pettygouas, and queldesack[2] to Sell The Remainder of their Cargo and Load with Sugars and then Return to St. Marks, to Take in their Indego. their is a plain that is Called Lertibonnee[3] adjoyning to St. Marks. The Inhabitants have Two or Three Hundred negros a peice. The plantations Lye near the water Side and it is Very Easey Landing and no fortafacations. in Sending of a man a Shore That can Speak french to the negro Houses to ask to Speak to the negro Commander promise him his freedom and a Little money. by that means he will Bring all the negros to the water Side. If your Intent is to Cruce off Cape francoy,[4] Mr. Granshon merchant Their Expects a Sloop from Portobello[5] The Latter End of august or the Begining of Sepr. which went from their Richley Loded aboute Three months ago, and is Expected Home with one Hundred and fifty Thousand Peices of Eight on Board. Their is allways Vessells comeing to Buy Goods at the Cape from the Havannah, Carthagena and Portobello, which bring their money to buy the Goods.

[Footnote 2: St. Marc is in the middle coast of Haiti, at the east side of the great bay that indents the island from the west. Leogane and Petitgoave lie at the south side of that bay. The Cul-de-Sac is the great plain, then famous and rich for sugar, which lies north of Port-au-Prince, at the southeast corner of that bay.]

[Footnote 3: L'Artibonite.]

[Footnote 4: Cap Francois, now Cap Haitien, on the north coast of Haiti. It was the capital of French St. Domingo.]

[Footnote 5: At the Isthmus of Darien.]

and If you are Desirous to know how affairs are at the Cape you may put a man ashore that is quallafyed at the poynt above the Fort at the mouth of the Harbour which is called Laurosh Uptecoly[6] where their is a Very good Landing place and where he will find a main Road four mile Distance from the Cape. If it should be Demanded of Him who he is and where he came from, That he is a Conotur[7] and that he comes from Dechonse and is a Seeking to put himself In partnership with Some person to go a fishing. If you are Intended to Cruce off St. Luce[8] you may be sure that their will Sail Eight or Ten Ships from thence the Latter End of august or the Begining of Septr. which Some of them to my Certain Knowledge will Have a Considerable Quantaty of money on Board. aboute the middle of Lillavash[9] Steering towards the Shoar Between a Small Town Called Lacoy[10] and another Town Called Turbeck their is a Landing place called Levieuxbourk where you will See a Single House by the water Side where their Lives a Cooper that has told me Several Times that he was Very Desirous to go and Live among the English. address your Self to Him and He will Direct you how to get the negros off the Neighbouring plantations which Lye near the water Side and no fortefacations. Inquire their for Mr. Kennotts House who Trades Largly with the English and Tell him that you Have got Flower, Beef and negroes to Sell on Board. you anchoring at Lillavash, He will Come and Bring other Inhabetents on Board to Trade with you and by that means you may Keep them and make them Pay a good Ransome for their Visitt.

[Footnote 6: La Roche au Picolet.]

[Footnote 7: Canoteur, canoe-man.]

[Footnote 8: St. Louis, on the south side of the western or Haitian end of the island.]

[Footnote 9: L'Ile a Vache, a small island lying off the shore a few miles southwest of St. Louis.]

[Footnote 10: Les Cayes, perhaps better known as Aux Cayes, now a town of some importance on the south shore of Haiti, some ten miles west of St. Louis. Torbeck and Le Vieux Bourg, next mentioned, are near it.]

THE _PRINCESS OF ORANGE_.

_165. Record of Trial (Libel, Bill of Sale, Owner's Letter, Bills of Lading, Declaration, Affidavit, Portledge Bill, Depositions). June 11, 1741._[1]

[Footnote 1: This record, in which are embedded a variety of documents characteristic of privateering procedure, is from pp. 163-183 of a volume of records of the vice-admiralty court held in Philadelphia, 1735-1746, now preserved in the office of the clerk of the U.S. district court in that city. The only other records of that vice-admiralty court known to be still preserved are contained in a second volume comprising (a) records of that court, 1748-1757 (mostly 1748-1751), (b) records of the state court of admiralty, 1776, and (c) records of the U.S. district court, 1789-1795. The vice-admiralty court was apparently held in a room over the market-house at Third Street. David Paul Brown, _The Forum_, I. 264.

The story of the Spanish or Dutch snow _Princess of Orange_ may be further illustrated from the pages of Franklin's paper, the _Pennsylvania Gazette_, of Thursday, Apr. 9, 1741. "Friday last arrived here a Spanish Snow laden with Wine, taken at Aruba, and sent in by the _George_, Capt. Drummond, of this Port. She came from Teneriffe, and had a Pass from the Dutch Consul, but no Dutchmen on board: On Account of this Pass, the Governor of Curasoa sent out a Vessel to demand the Prize of Capt. Drummond, but he refus'd to restore her, fir'd at the Dutchman and beat him off. Before the Taking of this Snow, Capt Drummond had taken two Sloops, one was sent into Jamaica and condemn'd there, the other being a good Sailer, he has fitted out for a Tender, with 30 Men, and Arms suitable, under the Command of Capt. Sibbald; she is call'd the _Victory_. On the 16th of February, the _George_, the _Victory_, and the Prize Snow, being in Company off Hispaniola, were chas'd by two Men of War, which they suppos'd to be Enemies; the _George_ and _Victory_ left the Prize, and she was taken; but the _Victory_ falling in with the Grand English Fleet two Days after, found they were English Men of War, who had taken the Prize, and she was restor'd to Capt. Sibbald, by Order from Admiral Vernon. The _Victory_ convoy'd her thro' the Windward Passage, and return'd to look out for the _George_, from whom she Parted in the Chase."

The _Gazette_ of May 28 chronicles the arrival, May 24, of the sloop _Victory_, Sibbald, and gives an account of a glorious fight, May 15, in which Capt. Sibbald, attacked simultaneously by a Spanish ship and sloop, had beaten both off. His owners rewarded his valor with a present of a silver-hilted sword. The _Gazette_ of June 4 adds, "This day arrived the _George_ Privateer, belonging to this Place, from Jamaica. Capt. Drummond, who commanded her, died on the Passage". See also _Memorial Hist. Phila._, I. 246, 247.]

At the Court of Vice Admiralty held at Philada. for the Province of Pensilvania the 11th day of June in the fifteenth year of the Reign of our Sovereign Lord King George the Second, Annoque Dom'i 1741.[2]

[Footnote 2: The reign of George II. began on June 11, 1727; accordingly June 11, 1741, was the first day of his fifteenth year.]

Before the Hon'ble Andrew Hamilton, Esqr., Judge of the said Court.

A Libel exhibited by John Sibbald[3] formerly Lieut. now Capt. of the Sloop of War named the _George_ was read in these words.

[Footnote 3: Later in the war Sibbald greatly distinguished himself in a privateering voyage in command of the _George_ (cruising in company with the _Joseph and Mary_, refitted prize, in 1742) and of the _Wilmington_. _Memorial Hist. Phila._, I. 247; _Pa. Mag. Hist._, I. 247, XXXII. 466. In the next war he was commander of the province's frigate _Pennsylvania_, from 1757 to 1759. _Pa. Archives_, III. 190, 658. The ships' register of the port of Philadelphia shows the sloop _George_, of 50 tons, John Sibbald owner, sailing out on this present voyage Nov. 12, 1740. _Pa. Mag. Hist._, XXIII. 513.]

Pensilvania, in the Court To the Hon'ble Andrew of Vice Adml'ty Hamilton, Esqr., Judge ss. of the Court of Vice Admiralty for the Province of Pensilvania.[4]

[Footnote 4: Andrew Hamilton the elder (1676-1741), the most famous lawyer of Pennsylvania, defender of John Peter Zenger, constructor of the State House (Independence Hall), speaker of the assembly 1729-1739, was admiralty judge from 1738 to 1741. He died a few weeks after this trial, Aug. 4, 1741. For a sketch of him, see _Historical Magazine_, XIV. 49-59.]

John Sibbald, now Captain and Commander of the Sloop of War named the _George_, of the Burthen of Fifty Tons, mounted with twenty-four guns and now riding at Anchor in the Port of Philadelphia, gives the Court here to understand and be informed, That the Sloop afd. was equipped, victualled, fitted out and armed at the proper Costs and Charges of himself and others, owners of the said Sloop, Inhabitants of this Province and Subjects of his present Majesty George the Second, King of Great Britain, France and Ireland, Defender of the Faith, etc. and that Seth Drummond, late of Philada., Mariner, deceased, then being Captain and Commander of the said Sloop, was on the eleventh day of Octr. one thousand seven hundred and forty duly authorized and commissioned with the same Sloop as a Vessell of War or Privateer to Take, Seize, make Prize of or destroy any of the Ships, Vessells, Goods or Effects of the King of Spain or belonging to any of his Vassells or Subjects or others inhabiting within any of his Countrys, Territories or Dominions.[5] That He the sd. Seth Drummond, being so authorized and Commissioned with his Marriners, Sailors and Soldiers on board the said Sloop, afterward (that is to say) Between the first day of January in the year of our Lord one thousand Seven hundred and forty[6] and the first day of April one thousand Seven hundred and forty one, on the High Seas and within the Jurisdiction of this Court did discover, pursue, apprehend and as lawfull Prize did take from the Subjects of the said King of Spain and others inhabiting within his Countries, Territories and Dominions who then were and still are the open and declared Enemies of his said Majesty King George, One Vessell commonlly called a Snow of the Burthen of Eighty Tons or thereabout, and one Cannoe, with their Tackle, Furniture and apparel, together with the Ladings of the sd. Snow and Cannoe, consisting of One hundred and Seventeen Pipes, Ten Hogsheads and two Quarter Casks of Wine the growth and Product of the Island of Teneriffe, one of the Territories of the said King of Spain, fifty and Six marble Mortars and nine dropping Stones, and two Negro men, which Snow, Cannoe, Wine and Negro's, Mortars and Stones, at the times of their several Captions were belonging to and the Right and property of the Subjects of the said King of Spain and others inhabiting within his said Countries, Territories and Dominions, who were and are the open and declared Enemies of his said Majesty King George. Wherefore the sd. John Sibbald, for himself and the other Owners of the sd. Sloop, prays this hon'ble Court, the premises being proved, That the sd. Snow, Wine and Negroes may be adjudged and condemned for the Use of the Owners of the sd. Sloop and other the Captors aforesd. as lawfull Prizes and Purchase of War according to the Laws Marine, Laws of Nations and Customs of War.

JOHN SIBBALD.

[Footnote 5: The letter of marque, dated Oct. 11, 1740, is recorded in this same manuscript volume, p. 143. It names Seth Drummond captain, John Sibbald lieutenant, William Dowell (see under June 23, below) master.]

[Footnote 6: 1740 by old style, the new year beginning Mar. 25; by new style, 1741. The capture of the _Princess of Orange_ took place Feb. 24, 1741, N.S. (Feb. 13, O.S.), near Aruba.]

Whereupon Proclamation was made, If any one hath ought to say why the Snow, Wines, etc. in the sd. Libel ment'd ought not to be condemned as lawfull Prize, let them come forth and they shall be heard. And none appearing to do this, The Court adjourned till Saturday the 13th inst. at 10 o'clock.

_June 13th._ The Court met.

The Libel read and Proclamation made a second time and Juan Milidony, the late Master of the said Snow, being sent for comes into Court, and John Jordan and Patrick Orr, Persons well skilled in the Spanish Language, were sworn faithfully to interpret between the Court and the sd. Milidony as also faithfully and truly to translate all such Papers relating to the Capture and Prize aforesd. as shall by the direction of the Court be laid before them for that purpose, as well on the Part of the Captors as on the Part of the Claimers if any such shall appear.

The Judge then informed the said Milidony of the Mode of proceeding to be observed by the Court and ordered all the Papers taken in and with the said Snow to be produced. Which being done, notwithstanding the sd. Milidony did not offer or give the Security required of a Claimer by the Act of Parliament, The Judge permitted him to view and point out any Papers he pleased in order to satisfy the Court that it was no lawfull Prize; which he did without alledging or so much as insinuating the Loss or Embezilment of any Papers.

The Judge then directed that the Preparatory Examinations should be taken, and translations made of the material Papers in order for Tryal.

Accordingly _June 23d_, the Proofs being prepared,

The Court met

The Libel read and Proclamation made a third time. William Dowell,[7] Sworn, says That upon the Death of Capt. Drummond he succeeded as next Officer in the Command of the _George_ and took possession of the Prizes Papers and that he hath exhibited the same all into Court without addition, subduction or Embezilment to his knowledge.

[Footnote 7: Captain William Dowell died in 1768, _aet._ 49, "a good husband, a sincere friend, and an honest man", so says his tombstone in Christ Church yard. He had an important part in the privateering expeditions from Philadelphia in this war. In the _Memoirs_ of Peter Henry Bruce, chiefly occupied with his service in the Russian army under Peter the Great, but ending with a narrative of military engineering services in the Bahamas and South Carolina, that author gives an account (pp. 403-408, 421) of the capture of two rich Spanish prizes in September, 1742, "by John Sibbald of the _George_ schooner, and William Dowall, of the _Joseph and Mary_ sloop, both privateers from Philadelphia", who brought them into New Providence; and he vehemently accuses Governor Tinker of defrauding them and their Philadelphia owners by machinations lasting all through that winter. "All our Privateers", he adds, "intended to have made this place their general rendezvous; but the treatment Sibbald and Dowall met with, prevented any from coming near us". Later, May, 1744, the journal of William Black shows Dowell as again commander of the _George_ schooner, 14 carriage and 18 swivel guns, then fitting out in the Delaware; and in 1746 he commanded the _Pandour_ privateer. _Pa. Mag. Hist._, I. 247, XXXII. 465.]

Then the Proofs were exhibited as follows, viz.

1. A True Translation from Spainish to Inglish of Mr. John Malidoni's Bill of Sale of the Snow _Princess of Orange_--

Be it Knowen that I John Melidoni, of the Dutch Nation, residing in this Village and Port of Sta. Cruz de Teneriffe, Grants and a[c]knowledges by this prest. Bill of Sale that I do now and forever really and effectually from hence forward sell and bequeath unto Mr. Peter Doscher, junr. of said Dutch Nation, Mercht. in this expressed port, To and for him and whomsoever he may represent, a Dutch[8] Snow named the _Princess of Orange_, burdening (a little more or less) one hundred Tuns, with her Masts, yards, Cables, Rigging, anchors and other adherences or Necessarys that shall be found on board of her and contained in the Inventory that I have delivered to the Buyer, which are my property and free from Mortgages and other Ingagements, which I came by and bought after the Conclusion and end of a Process which was carried on in the Court of Admiralty before Mr. Peter Joseph Ferrer, one of the Notary Publicks of this Island, Sub-delegated by the intendent General of Marine in Cadiz, first officer of said Admiralty Court,[9] as appear by a Certifacation thereof, to which for the firmness of this Instrumt. (this day dispatched at my request) I reffer. this I do for the Condsid[er]ation and price of one thousand and five hundred Dollars Exrs.[10] of eight royals of plate each, and In conformaty to an agreemt. concluded between us for sd. Snow, and I do hereby acknowladge the said Buyer has given and paid me the above mentioned Sum in ready usefull Currt. mony of this Island, and whereas sd. money's are really and Effectually in my Possession and were not Delivered me in the Presence of a Notary Publick that he might give faith thereof, I Confess myself to be contented, Satisfied and to have my intire Satisfaction, reced. Said Sum, and therefore revokes and renounces the Laws of Delivery's, Payments and all others that might be in my favour, and for the Said Sum of one thousand five hundred Dollars I do here in due form give him my full recept and aquittance. I declare them to be the just Valuation and true Price specified in sd. Inventory of Sd. Snow and all annexed and appertaining to her. And I further Declare, that they are not worthe more, and that if at prest. or at any other time they should be seen and Deemed to be of greater Value, be it much or little, I do hereby freely and actually give and bequeath it to said Byer and his heirs, and renounces all rights and titles thereunto, and all Laws and Customs that might give me any right or Title to them, and so resignes the whole Propertey I had in them and Transfer it unto him the said Buyer and his heirs, that he, they or any other Person he shall name, may administer, owne and Govern her as he shall think Proper, and I give him full power and faculty to comprehend his Possession when and as he pleases, and untill he takes it I constitute myself the Possessor, ready and willing to Deliver whenever he shall demande her; and as the real Seller of Said Snow, I oblidge myselfe, personal Estate and moveables that I Possess or may hereafter Possess, for his Peacable Possession of her, and I give his Majesties Justice and Judges full Power to oblidge me so to do, and that with the Same authority as they can do in Cases and Causes already Sentenced. And I again renounce all the Laws and Customs in my favour and makes this Bill of Sale in due form in this Village and port of Sta. Cruz de Tenerife the 13th December 1740. The maker of this Instrument that I the Notary Publick, do give faith, Knows, and that he Sayed, I freely Grant and Sign this in the presance of the Witnesses Don Arnoldo Vane Stemfort, Consul General of said Dutch Nation in this Island,[11] Peter Dufourd and John Anthonay Ganancho, all Livers in this Village. John Melidoni's, made before me Joseph Vianes de Sales, N. Publick. Agrees with its original made in my office and remains in my Register, to which reffers and Sign

In Testimony of the Truth

JOSEPH VIANES DE SALES.

N.P.

[Footnote 8: Originally Irish; see the testimony of Gaspar Fajardo, below, 9.]

[Footnote 9: Under Spanish law, at this time, cases of prizes taken on the high seas fell under the jurisdiction of the _intendente general de marina_ for the nearest district, with appeal to the council of marine.]

[Footnote 10: It is probable that the original read "dollars of exchange", in which Spanish reckonings were sometimes made. They were inferior dollars, worth only about four-fifths as much as the standard Spanish or Mexican dollar. "Eight royals of plate" means eight reals of silver.]

[Footnote 11: Appears also in doc. no. 142, as do also Dufourd and the notary Joseph Vianes de Salas.]

We underwritten Certify that Joseph Vianes de Sales, before whom it appear the above Instrument was made, is a Notary Publick of this Village, and that faith and Credit is and has been given to him and his Instruments and we now give testimony of the Same.

FRANS. BETOM LONALT. PETER JOSEPH FERRERA, N.P.K. SANIONY BIMENTEL, N.P.K. ROGUE FRANS. PENEDO, N.P.K.

2d. A True Translation of Mr. Peter Doscher's jun's. Letter wrote in French from Sta. Cruz de Teneriffe To Mr. Mestre in Curacao, viz.

STA. CRUZ DE TENERIFFE, the 7th Ocbr. 1740.

Mr. Mestre.

_Sir_,

The Bearer hereoff by Gods assistance will be Capt. John Melidoni, Commander of the Snow _Princess of Orange_, which I take the Libertay to address you with her Cargo and here Inclosed you'l find Invoice and Bill of Lading for the Same made in your favour, or in your absence to Messrs. Rodier and Le Cire, and I beg of you, Sir or Gentlemen, that you will be Pleased to make the most you possibly can of them. this is for a Tryal and if it Turns to Acct. shall Continue more Largely hereafter.

The 50 pipes marked A.R. are Numbred on there heads from No. 1 to 50, and are made wines to Imitate those of Madera's, and are in Cask of the Same Largeness and Fabrick and I asshure you of a good Quality. The 30 pipes marked V.P. are on the Lies;[12] they are the wines we Call heare Vidono,[13] there pipes larger then those of the Maderas. I beg you'l procure me the best Sales you Possibly can for the whole 80 pipes; be it eather for Mony or in barter of some other goods that may be Pres[en]ted and without Limiting you to any Thing, for I am Confidant you will have my Interest at heart as if your own. Pray Open a Seperate Acct. for the 30 pipes marked V.P., for Possibly I may Resign the Amount of them over to an other person, but in that case you'l be Pleased to Detain 450 Dollars in your hands for there freights at the rate of 15 Dollars each Pipe and 5 p. Ct. more for the Average[14] on the freight of them, that you'l please to pay the Capn., that is to Say only the Meer 5 p. Ct., for the 450 Dollars must be Clear of all Charges, and that altho they Came to hand full or Empty. if they Sell for Money must deliver the Money, if in Barter deliver the Comoditys you barter them for, not omiting to detain there freights and joyining it to the Acct. of the 50 pipes.

[Footnote 12: Lees.]

[Footnote 13: Vidonia, a dry canary.]

[Footnote 14: A payment which owners of goods made to the master, in proportion to their consignments, for his care of the goods.]

The remainder of the Cargo belongs to the Capn. here Inclosed you'l find a writing or Bill of Sale made before a Publick Notary of the Vesels being Sold to me, which I Judge proper to Send that no Difficulty's may arise in the Sale of the Vessel, and for that end I also Enclose you my power of Attorney, that you might act as you Shall Judge Proper and in Vertue of them I beg you'l Please to use your outmost indeavours to Dispose of her. She Cost me, put to Sea, 2000 Dollars, however you may Let her go if can do no better for 1300 Dollars or less, if the Capn. is willing; altho it appears as if She belonged entirely to me, he's half concerned in her so that you'l Please to act in conformity with him in Sale of her. if you Sell her pay him his half of the neat Produce of what she sells for, and the other half must be joyned to the Neat proceeds of the 50 pipes before mentioned, and to make one Acct of them. Pray also pay Said Capn. 195 Dollars and no more for the difference of freight due to him according to our Contract.

Supose you cannot Possibly Sell the Vessel (which I again Earnestly begg you'l indeavour to do) must then Procure her a freight and Partly load her out of the Neat Proceeds of the wines and procure the residue of her Cargo from your friends. in this Case you and the Capn. will be Pleased to contribute Each one half of the Charges the Vessel will be at to Set her out to Sea, not omiting a Passport from your Governor[15] Such as he now has from the Dutch Consul here. you are to give the Capn. necessary instructions for his Voyage. if it Should be for Amsterdam, you must address both Vessal and Cargo to Mr. Petter Doscher, and if for any other Port may Consigne her to whom you Please, ordering the Produce of both freight and Effects to be remited to Said Mr. Doscher of the Capital you intend to Passe into his hands that he might if Should be thought proper cause it to be Insured. if the Capn. Should die in the Passage (which God forbid) you must then after the arrivall of the Vessell put in one to your Satisfaction and also procure the Sale of his 45 pipes of Malvasia[16] and Vidono wines, and Remit there Neat proceeds with a Seperate Acct. to said Mr. Doscher, and in Case I should not resign over the Amt. of the Said 30 pipes V.P. you must also remit there Net proceeds and a Seperate Acct. to said Mr. Doscher, and joyn the 450 Dollars to the Acct. of the 50 pipes. You are to pay one half of the mens wages and the Capn. the other half, deducting what they have recevd. as p. Said Cap's. Catalogue. In short, altho I notte you all these Circumstances yett I beg your Principall imply[17] may be in the Sale of the Vessel for as much as she will fetch, and Persuad the Captn. that it is his Interest if he rightly Considers the Charge of Victualing and seting her out for a Voyage to Holland, to which I begg your Particular attention.

[Footnote 15: The Dutch governor of Curacao.]

[Footnote 16: Malvasia (Gr. Monemvasia) was a town on the southeast coast of Greece. The term malvasia wine, or malmsey, was originally used of a wine coming from that locality, but afterward, as here, of certain madeiras.]

[Footnote 17: Employ.]

Enclosed you'l find a notte of what the mens wages amount to monthly and so also a paper in Vertue of which you'l make the Capt. pay you 120 Dollars. I begg you'l Lett me know via Holland or per first Opertounaty the Success of this Enterprise. interim I remain with Humble Submission

Sir

Your Most Humble and obt. Ser't,

P. DOSCHER, Junr.

3d. Invoice of the following pipes of Wine laden for my acct. and risque to the Island of Curacao upon the Dutch Snow called the _Princess of Orange_, Cap. John Melidoni, and to the Consignation of Mr. Mastere, In his absence to Messrs. Rodier and Lecier Dwelling there, Markt as in the Margent--

M.R. No. 1-50 Pipes of Vidonia Wines In Casks as they are at the Island of Madeira, Drawen from the Lees.

V.P. 30 Ditto. upon the Lees in Casks of this Island being Larger then those of Madeira. these Last are to pay 450 ps. of 8/8 Freight, which Freight Mony you are to retain out of the Sales and folow my orders therewith.

C.M. 18 Pipes of Vidonia } Z. 3 Do. Malmsey } Z. 1 Do. Malmsey in 2 half pipes } These pipes of Z. 1 Do. Malmsey in 4 Qr. Casks } Wine are the C. 15 Do. Vidonia } property of D.N. } Capt. John I. 45-1/2 } Melidoni. C. } D.N. 5 Do. Malmsey. } O. 2-1/2 Do. Malmsey } 125-1/2 pipes Vidonia and Malmsey } wines. }

STA. CRUX, THENERIFFE, 16th Xber[18] 1740. Errors Excepted P. DOSCHER, Junr.

[Footnote 18: December. All these dates written in Teneriffe are new-style dates.]

4. Translation of one Bill of Lading, viz:

I John Mellidoni, Master under God of my Ship named the _Princess of Orange_, now Laying ready at the Island of Theneriffe, to sail with the first good and fair Wind God shall Send, to Sail for the Island of Curacao, where my rightfull discharge is to be.

I acknowledge to have recd. under the Deck from you, Mr. Peter Doscher, junr.

M.R. Fifty pipes of wine

V.P. Thirty pipes of wine, all Dry and well conditioned and marked as in the Margent, all which I promise to deliver if God Grants me a Safe Voyage with my Ship at Curacao aforesaid, to Mr. Mestre, and In absence to Messrs. Rodier and Lecier, or to his Factor or Deputy, paying me for the freight thereof according to agreemt., with avaridge according to the Custom of the Sea, and to fulfill what is aforsaid, I bind my Selfe, all my goods, and my said Ship, with all her apparell. In testimony whereof I have Sign'd 4 Bills of Lading with my name, or my Clerk in my behalf, all of one tenour, one whereof being fullfil'd the other to Stand void. written in Sta. Crux upon the Island Theneriffe the 16th Xber 1740.

Insides and Contents unknown.

JAN MILIDONY.

The Translation of the Substance of 2 other Bills of Lading viz--

1st.

1. DCN. 18 pipes Vidonio wines of the outward marks.[19] 2. C M. 5 pipes Malvasia wines in whole pipes 2 half pipes 3. C M. and 4 quarter Casks the residue Z. 1 Bag of venice Thread buttons 2 quarter cask Vidonio of the first mark 1 Bar'l. of Raisons and figs 8 Distil Stones 60 Stone Mortars 1 Bag of Venice thread buttons cont'g 504 gross

All Shipped By Capn. John Milidoni on bourd the Dutch Snow Call'd the _princess of Orange_, whereof he is Mr. and are for his proper Acct. and Risk, Consigned to himself, in his Absence to Mr. Mastre and in the absence of both to Messrs. Rodier and Le Cire In Curacao.

2d.

DCN. 15 pipes Vidonio wines of the without mark.[19] DCN. 7-1/2 idem Malvasia wines in 5 whole pipes and 5 half pipes of the without mark.

[Footnote 19: _I.e._, with marks like those here given in the margin.]

All Shipped by Capn. John Milidoni on board the Dutch Snow Called the PRINCESS OF ORANGE whereof he is Mas'r. and for Acct. of the new Company in Venice[21] Consign'd to himselfe, in his absence to Mester, and in the absence of both to Messrs. Rodier and LeCire in Curacao.

[Footnote 21: Not identified.]

5. Translation of Anthony Pereda's Declaration.

Declaration of Anthony Pereda Stower of the first that was loaded on the Ship _Princess of Orange_ for account of Andrew Jayme born in the City of Laguna[21] Eighteen or Twenty Pipes of wine, Secondly Mr. Stephen Pereda has loaded for his Acct. thirty pipes of wine, born in the City of Laguna I can Swear under my hand 11th of February 1740.

ANTHONY PEREDA.

[Footnote 21: San Cristoval de la Laguna, an old town on Teneriffe, four miles inland from Santa Cruz.]

6. Translation of a Spanish paper Signed by The Spanish Seaman.

This we write to Declare that the Snow called the _Princess of Orange_ and the Cargoe belongs in truth to the Spainish Merchants, and the Dutch Pass and Colours were only for a pretext in the affair; for which we have Set our names in testimony of the Truth upon Oath declaring to be forced neither by the Capn. nor any of the officers nor by imprisonment, one the contrary have been well used. Eleventh of February 1740.

GASPAR FAJARDO. JOHN GONSALES YANES. VINCENT ANTONIO. FRANCIS RODRIGUES. FRANCIS TABIEL. ANTONIO PEREDA.

7. The affidavit of the Spanish Sailors taken before James Abercromby, Judge Advocat to the Army before Carthagene.[22]

[Footnote 22: In the summer of 1740, when the expedition against Cartagena, under Vernon and Cathcart, was being planned, Capt. James Abercromby was made judge-advocate-general to the military forces. _Gent. Mag._, X. 358. This was the same Abercromby who afterward failed so lamentably as commander-in-chief of the British forces in North America, and at Ticonderoga, 1758.]

This day personally appeared before me Captain Seth Drummond of Philadelphia and Commander of a Privatteer Sloop Called the _George_ bringing along with him three Spainards Called Geronimo Faxardo, francisco Roderigues, and Antonio Pereda, who being duely Sworn by the Siegn of the Cross, being the manner of their Nation, do Depose that on the Twenty fourth of February last past, New Stile, a little to leward of the Island of Aruba,[23] in the West Indies, they being in a Snow come from the Island of Thenerife called the _Princess of Orange_ and Commanded by Capt. John Melidoni Loaded with wine, were taken by the above Capt. Drummond and they further Depose that notwithstanding their Said Captain Melidon had a Dutch passport and wore Dutch Colours yet in reality the Said Snow and her Cargo did belong to Spainish Merchants in the Said Island of Thenerife, and that they had no Dutch man on board, on the Contrary all the Crew were Spainards except the Said Captain, the Mate, and the Boatswain, and this They Depose by the Interpretation of David Campbell, Commisary of the Stores of war and provisions in the Brittish army before Carthagena; being for this Effect duly Sworn. Dated at the Camp before Carthagena this Sixth Day of April one thousand Seven hundred and forty one and of his Majesties Reign the fourteenth.

[Footnote 23: Aruba lies in the southernmost part of the Caribbean, off the Venezuelan coast and west of Curacao.]

Sworn before me JAMES ABERCROMBY,

Judge advocat to the army before Carthagene.

GERONIMO FAXARDO. his FRANCISCO [X] RODERIGUES. mark ANTONIO PEREDA'S mark [X] DAVID CAMPBELL.

8. Translation of the Portlidge Bill[24] from the Spanish.

[Footnote 24: A portledge bill was a register of sailors' names and claims for wages or allowances.]

Catalogue of the mens names and their monthly wages

Captain wages @ 30 x 8 p month commencing from the 17th Xbr. 1740. Pursers idem @ 20 Do. David Guise 13 Do. Gaspar fasado 6 Do. Francisco Gras 7 Do. Fran'so Roldan 9 Do. Visente Dias 9 Do. Francis Tabier 9 Do. Antonio Perera 9 Do. Juan Gordes 9 Do. Vincente Antonio 9 Do. -----

each month ps. 8/8, 130 and on acct. have received 174 Dollars as p. Capn. Acct.

9. Court of Vice Admiralty Pensilvania.

Gaspar Fajardo a Native of the Island of Teneriff part of the Territories of the King of Spain and one of the Mariners taken on board the Snow called the _Princess of Orange_, being Solemnly Sworn by Sign of the Holy Cross according to the manner of Adminstring oaths in Courts of Justice within the Kingdom of Spain, Deposeth and Sayeth

That last year He sailed from the Havana and arrived at the Said Island of Teneriffe sometime in the month of August last past. That upon his arival, he was hired by one Captain John Melodny late Commander of the Said Snow called the _Princess of Orange_ and one Andrew Haymas a Native of the Said Island of Teneriffe to go a Sailor on board the Said Snow then rideing at anchor at the Said Island. That he was informed the Said Snow was built at Dublin in Ireland and that she with another Vessell was cut out of the Road of Santa Cruz on the Coast of Barbary[25] by a Spainish Privateer, brought into the Said Island of Teneriffe, and Condemned as a prize taken from the Subjects of the King of Great Britain and there Sold to the Said Capt. Milodony. That he sailed in the Said Snow from the Said Island in about two days after his arrival there from the Havana for the Island of Curacoa; but missed that Island, and fell in with the Land of Cora[26] and came to an anchor there. That perceveing the people on Shore to be in some Confusion the Master let fly a white Sheet with some red rags Sewed thereon in form of a Spanish Ensign;[27] and then the Said Capt. Melidony went on Shoar. That the Sailors saying they wanted victuals the said Capt. Melidony went up to the Town to the Governor or Chief magistrate and Sold him Four Quarter Casks of wine and recived for it about Forty Dollars. That the Said Capt. Melidony got some provisions there and afterwards returned on board the Snow.

[Footnote 25: On the west coast of Morocco; the famous modern Agadir.]

[Footnote 26: On the Venezuelan mainland, south of Aruba and southwest of Curacao.]

[Footnote 27: The Spanish flag bore red horizontal stripes on a yellow ground.]

The Deponent being asked what Cargo was on board the Said Snow and to whom the same did belong, He saith that the Snow was loaded with wines at the said Island of Teneriffe, and that Antonio Pereda a Sailor on Board the Said Snow who had received the Said wines on board and Stowed them in the Vessell frequantly after the takeing of the Said Snow informed him that eighteen or Twenty Pipes of the wine belonged to the aforesaid Andw Haymas, and that one Stephen Pereda a Spainard born as he beleves on the Island of Teneriffe aforesd. owned twenty eaght or thirty Pipes of the Said wines. That the first Information he received concerning the Said Andrew Haymas and Stephen Peredas owning those wines was after takeing the Said Snow and from the Said Antonio Pereda who upon Examination by the Commander of the Privateer called the _George_, freely and without any forse or Compulsion confessed that So much of the wines as are above mentioned, of his own Knowladge did belong to the Said Andrew Haymas and Stephen Pereda.

And this Deponant furthar saith, the paper now Shewn and read to him marked No. 8[28] Signed by himselfe and Six other Spanish mariners, was Signed by them freely and without Compulsion and contains nothing but Truth to the best of his Knowledge.

[Footnote 28: No. 6 above.]

That he heard the paper marked No. 11[29] now Shewen and read to him and read to the Said Antonio Pereda who in the presance of the Deponant freely and without any Constraint signed the Same and Declared the Contents thereof to be true.

[Footnote 29: Apparently no. 5 above.]

And the English Deposition marked No. 8[30] being likewise Shewen to this Deponant and the Contents thereof explained to him by an Interpreter duly Sworn and qualified for that purpose,

[Footnote 30: No. 7 above.]

He deposeth and Saith, That he with the other Deponents in the Said Deposition named did before James Abercromby in the said Deposition named make oath to the truth of the Contents of the Sd. Deposition and did Sign the Same in the presence of the Said James Abercromby freely and without Compulsion and further Saith, the Said Deposition contains nothing but the Truth to the best of his Knowledge and Belief.

GASPAR FAJARDO.

10. Court of Vice Admiralty Pensilvania.

Francesco Rodrigues a Native of the Island of Teneriffe and one of the Mariners taken on board the Snow Called the _Princess of Orange_ being Solemnly Sworn by the Sign of the Holy Cross according to the manner of administring Oaths in Courts of Justice within the Kin[g]dom of Spain Deposeth and Saith

That he saw the Said Snow sold as a prize at the said Island of Teneriffe to Capt. John Milodony by order of Some Court there, but the

## particular time of the Sale he cannot Remember, That He was Shipped as

a Sailor on board the Said Snow by the Said John Milodony and one Andrew Haymas, a Spainard and Inhabitant of the said Island. That the said John Melodony cairried this Deponant and three other Sailors belonging to the Said Snow to the House of the said Andrew Haymas in the said Island to receive advance wages on the Intended Voyage and that there the said Andrew Haymas did pay this Deponent nine Dollars for such wages and gave him a Note to pay nine Dollars more to the Deponant's wife, and then did pay the advance wages to the other three Sailors, all of which was done in the presance of the said John Melidony and that the Said Andrew Haymas was on board the Said Snow at the time of her Sailing from the Said Island of Teneriffe; and this Deponant further Saith, that after their Departure from the Sd. Island on their voyage to the Island of Curacoa, they missed the said Island of Curacoa and made the Island of Tobago[31] which the Pilot said was to windward of Curacoa. That they went from thence and fell in with the Land at Cora where they came to an Anchor. That the people on Shoare appearing to be in some Confusion, the Capt. Melidony hoisted a white Sheet with some red Rags sewed thereon in form of a Spanish Ensign, which Seemed to appease the People, and then the Captain went ashore in his Boat and got some Provisions. That they afterward left Cora and fell into Leeward of the Island of Aruba where they droped Anchor at some distance from the Shoare and were there taken by the Privateer Called the _George_. And this Depont. further Saith that in their Voyage the Sailors on board the Said Snow did Sometimes express their Fears of being taken by an English Privateer and that the Said Capt. Milodony bid them not to be afraied for he had got a Dutch Pass and Dutch Colours. That when Capt. Melidony's Sailors who were going ashore with him in the boat to the Said Island of Aruba, saw the Said Privateers Boat going on board the Said Snow they asked him what Signified his Dutch Pass and his Dutch Colours if that should be an English Privateer, to which he answered, be not afraied for my Pass and Colours will bring us off, or Save us, and this Deponent being asked what Cargo was on board the Said Snow and to whom the Same did belong, he Saith, that the Snow was loaded with wines at the Said Island of Teneriffe and that Antonio Pereda a Sailor on board the Said Snow who had received the Said wines on board and Stowed them in the Vessel, frequently after the takeing of the Said Snow informed him, that eighteen or Twenty Pipes of the wine belonged to the aforsd. Andrew Haymas, and that one Stephen Pereda a Spainard born as he belives on the Island of Teneriffe aforsaid owned twenty-eight or Thirty Pipes of the Said wines. That the first Information he received concerning the Said Andrew Haymas and Stephen Pereda's owning those wines, was after takeing the Said Snow and from the sd. Antonio Pereda who upon examination by the Commander of the Privateer Called the _George_, freely, and without any Force or Compulsion confessed that So much of the wines as are above Mentioned, of his own knowledge, did belong to the Said Andrew Haymas and Stephen Pereda.

[Footnote 31: One of the Lesser Antilles, far to the east of Curacao.]

And this Deponant further Saith that the Paper now Shewn and read to him marked No. 10,[32] signed by himselfe and Six other Spanish mariners was Signed by them freely and without Compulsion, and contains nothing but Truth to the best of his knowledge. That he heard the paper marked No. 11,[33] now Shewn and read to him, read to the Said Antonio Pereda who in the presance of the Deponant freely and without any Constraint signed the Same and declared the Contents thereof to be true. And the English Deposition marked No. 8[34] being Likewise Shewen to this Deponant and the Contents thereof explained to him by an Interpreter duely Sworn and qualified for that purpose, He Deposeth and Saith, That He with the other Deponants in the Said Deposition named, did before James Abercromby in the same Deposition named, make Oath to the Truth of the Contents of the Said Deposition, and did Sign the Same in the presence of the Said James Abercromby freely and without Compulsion, and further Saith, the Said Deposition contains nothing but the Truth to the best of his knowladge and Belief, and this Deponent further says that the forementioned Snow _Princess of Orange_ was navigated by Seven Spainish Seamen besides the Captain the Pilot and one Seaman being Irish and one native Frenchman who was most of his life in Teneriff, That the Paper now Shewn to him marked A.[35] contains the names of the Said Seamen and the Deponent verily belives is of the handwriting of the for said Andrew Haymas.

his FRANCISCO [X] RODRIGUES mark

[Footnote 32: No. 6 above.]

[Footnote 33: No. 5 above.]

[Footnote 34: No. 7 above.]

[Footnote 35: No. 8 above.]

And it appearing from the whole Tenor of the Evidence, that the Said Snow and her Cargo, were at the time of the Capture, the Property of Persons residing in the King of Spain's Dominions, viz. at Teneriff and Cadiz

It is considered by the Court That the said Snow _Princess of Orange_, Wines, and all other her Cargo, are, and hereby stand Condemned as lawfull Prize.

PAT. BAIRD, Regr.[36]

[Footnote 36: Dr. Patrick Baird was clerk of the privy council 1723-1726, 1740-1742, clerk of the admiralty 1724-1735, register of the admiralty court 1735-1744, and deputy judge of that court 1749-1752.]

THE _YOUNG EAGLE_.

_166. Petition of John Jones. December 30, 1741._[1]

[Footnote 1: Mass. Archives, vol. 64, pp. 124-125. For the _Young Eagle_, Captain Dumaresq, and Captain Rous, see doc. no. 128, notes 2 and 9.]

Province of the Massachusetts } Bay December } 30th, 1741 }

To His Excellency William Shirley Esquire, Captain General and Governour in Chief in and Over the Province aforesaid, And to The Honble. His Majestys Council of said Province,

The Petition of John Jones of Boston in the County of Suffolk Merchant

Humbly Sheweth

That about two Years ago One William Loud now residing in Boston went Out in the _Young Eagle_ Privateer, Phillip Dumarasque Commander, bound on a Privateering Voyage whereof your petitioner with others were Owners. That the said Loud behaved himself on board in Such a manner, that he was put on board One of His Majestys Ships of warr at Giberalter for Mutiny, from whence he afterwards found means to run away, and came to Boston, and applyed himself to your petitioner telling him he could Inform him how the Officers of sd. Privateer had greatly wronged your petitioner, That your petitioner being well Informed of sd. Louds Actions, Mutinying and Ill behaviour on board the said Privateer, thought proper not to Shew him any Countenance or hear any thing he had to Say, whereupon the said William Loud then, and from time to time Since, hath greatly abused and Insulted your petitioner, and has vowed and threatned to take revenge on your petitioner but for what reason he cannot tell.

That your petitioner has been Informed by Several Gentlemen of his Acquaintance, and is well assured, that sd. Loud has twice in the night besett your petitioners house, and there waited Several hours, with others unknown in Order to met your petitioner going in or coming out, and do him Some bodily hurt or take away his life, which your petitioner is actually apprehensive of, from the many threatnings of sd. Loud.

That your petitioner having just reason to fear that his life was in Eminent danger applyed to Justice of the peace, and Swore the peace against sd. Loud, but could not prevail upon any Officer to take said Loud up and carry him before a Justice, and the reason, as your petitioner thinks, is that they are affraid of him, he said Loud always appearing armed with a great broad Sword, and a Number of his Comrades with him, and Seems to bid Defiance to the Government and all Authority; That your petitioner when he has Occasion to go abroad at night, or come home to his house is Obliged to get a number of his friends to be with him for fear of being Insulted, abused or killed by sd. Loud.

That notwithstanding your petitioner obtained Leave from the Government to beat up for Sailers to man the _Young Eagle_ privateer, John Rous Commander, now bound on a privateering Voyage, yet the sd. Wm. Loud in a riotous manner followed the Drum about the Town cursing and abusing the Captain, and Several times Colloured[2] the Lieutenant, tho' he had never Seen him before. That the sd. Loud Still Continues to behave himself in this riotous manner, and to threaten your petitioner with revenge either to kill your petr. or burn his house, or both, whereby your petitioner justly thinks his life and Interest are both in absolute danger from this Loud and his Associates.

[Footnote 2: Collared.]

Wherefore your petitioner most humbly prays your Excellency and honours to take this affair into Consideration and to look into the two protests herewith presented wch. plainly Shew that sd. Loud was Ordered on board a Man of warr for his mutinying and Ill behaviour on board the sd. privateer, And that your Excellency and Honours would please to Order that sd. Loud may be taken up and put on board one of his Majestys Ships now in this Port, or otherwise to Order in the premises, for the relief and Safety of your petitioners person and Interest, as your Excellency and honours Shall think most proper.

And your Petitioner as in duty bound Shall ever pray, etc.

JOHN JONES.

THE _HAWK_.

_167. Vote of Privateering Crew. June 29, 1744._[1]

[Footnote 1: Mass. Archives, vol. 64, p. 252.]

Friday June 29th, 1744, at a meeting of the Captain and Officers on board the _Hawk_ Privateer Samuel Waterhouse Comander; it was put to the vote wether we should follow and pursue the Sloop we have been in chase of

Content not Content. SAMUEL WATERHOUSE.[2] JOHN CULLAM. THOMAS RAPPITT. JAMES HUDSON. THOMAS WALDEN.

[Footnote 2: See Boston Record Commissioners, _Reports_, XV. 33-44.]

a True Copy from the Original vote Book belonging to the _Hawk_ Privateer.

REYNOLDS SEAGER Quartermaster to the Owners of the _Hawk_.

Essex ss. Glocester Augst the 13, 1744. then Reynolds Seager the Quartermaster to the Owners of the _Hawk_ pursonally appeared and gave oath to the truth of what Is Abov Rittn Before JOSEPH ALLIN[3] Justis Peace

[Footnote 3: Joseph Allen was the chief landholder of Gloucester.]

_168. Petition of William Ward. 1744._[1]

[Footnote 1: Mass. Archives, vol. 64, p. 254. See doc. no. 170.]

Capt. Waterhouse

_Sr_

I Hope Youll Excuse my Taking the Liberty in Writing to you. But as a poor Creminall Confined, hopes that you and the Gentleman in the Cabin will Pardon the abrupt Treattment, I have Used Latly, but all Owing To a Moros Way in answering when Called: Which I Acnowledge is Not showing agood Decoram: Sr, as for the Afair I Was Accused with last night it was Done intirely Thro ignorance, that is that I thought I might Speak freely without Shewing any Sedition: Sr, I must Likwise acnowledge in Not Obeing the mastr was ill Done. Which I hope you and the Gentlemen will freely Pardon: Sr, I am Sencible thro what I have Done, Deserves Being Broke of my Station. Now Sr, I hope youll be so Good as To Pardon One Who Never in this World New What it was To be Confined. Which I Pray god grant to you: Which is Gentlemen from Your humble Sert: To Comd:

WM. WARD.

P.S. Gentlemen I hope for the Time To Come, To be Deserving of your favours.

_169. Deposition of John Flood and Zechariah Foss. August 3, 1744._[1]

[Footnote 1: Mass. Archives, vol. 64, pp. 245-246.]

The Deposition of John Flood and Zachariah Foss who sail'd from Boston on the 25th of June last in the Privateer _Hawk_, Samuel Waterhouse Commander.

The Deponents testifye that being on Board the Brigantine _Hawk_ commanded by Saml: Waterhouse, They on the 29th of June last, in the forenoon, betwixt the Hours of Eleven and Twelve, about 40 Leagues to the South East of Cape Briton, spied a Sloop steering northward, and observing that she had a White Pennant out[2] they gave her Chace, and easily outsaild her and having got within about a Mile of her the Sloop fir'd a Shot which fell about half a mile to Leeward of the _Hawk_, at the same time making all the Sail she could to run from us; upon which we fired at the Sloop five times successively; our first and second shot fell to Leeward, The third went thro' her Foresail, The fourth went thro' both her Mainsail and Foresail, The fifth struck her forward towards her Bow: upon which we were ordered to bear away, (being then at the Distance of about forty Pole from her, as near as we can judge) and as we bore away from the Sloop, we gave her three Chears (which were return'd us) and fir'd another Gun; The Sloop in the mean time bearing close upon the Wind in order to make her Escape. within the Space of about an Hour after, the Company in the _Hawk_ agreeing (all save the Captain and the owners Quartermaster) to follow the Sloop and Engage her, We gave her Chace, but She having by that time got to the Distance of about 3 Leagues from Us to windward, and a thick Fog arising, we lost Sight of her by about four of the Clock in the afternoon; we however, kept our course in pursuit of her till the next morning, but saw her not again.

[Footnote 2: And therefore was presumed to be French.]

The Deponents further declare that the Number of Hands on Board the _Hawk_ (including Boys to the number of 10 or 12) was one hundred and thirty eight; That she had twelve Carriage Guns--(viz: 2 nine Pounders, 2 six Pounders, and 8 four Pounders,) beside 20 or 22 Swivel Guns.

That the Sloop (so far as they could judge) was of not more than half the number of Tun as the Brigantine _Hawk_. The Number of her Men they could not guess at, being in great Measure cover'd by a Netting, which Surrounded them; Save that they observ'd em to muster thick on the Quarter Deck. That not coming a Breast with the Sloop, the Deponents could not discover the Number of her Guns, Save, that mr Flood imagined that he saw two Carriage Guns on her Larboard side.

The Deponents further declare that they verily believe that had the Brigantine Engaged the sloop, the former might easily have taken the latter, and that this was the Opinion of their Company in General.

They further add, that when orders were given for their bearing off from the Sloop, Capt. Waterhouse declar'd as a reason for so doing that his owners enjoyn'd him not to Engage with a Privateer. But that when it was Voted by the Company to pursue the Sloop, he appear'd well pleas'd that the matter was so over ruled, altho' his orders were otherwise.

The said Zachariah Foss further adds, that he heard Capt. Waterhouse say that thenceforward he would take all the Privateers that came in his way.

The sd Zachariah further declar'd that on the Day before the _Hawk_ sail'd from Boston, sundry Gentlemen (whom he took to be her owners) being on Board, he heard e'm desire Capt. Waterhouse not to Engage any Privateer, for that the Vessel was not fitted for such a purpose, adding that should he take a Privateer, they should get nothing by it, but Rags and Lice and broken Bones.

And the Deponents further say not.

JOHN FLOOD. ZECH FOSS.

Suffolk, BOSTON, August 3, 1744. The above named John Flood and Zachary Foss made oath to the Truth of the foregoing Deposition.

Before Us { S. DANFORTH } Of the Council.[2] { EL'M HUTCHINSON }

[Footnote 2: Samuel Danforth was a member of the council of the province from 1739 to 1774; Eliakim Hutchinson from 1744 to 1746, and judge of the court of common pleas from 1741 to 1774; the latter married Governor Shirley's eldest daughter.]

_170. Testimony concerning William Ward. August 4, 1744._[1]

[Footnote 1: Mass. Archives, vol. 64, p. 253.]

On board the _Hawk_ Privateer Samuel Waterhouse Comander, August 4th: 1744 att a Comitte of the Commander and Officers on board the _Hawk_ Privateer: James Hudson, Charles Ward and John Woodbridge, being called as evidences against Will'm Ward Boatswain of Said Privateer, do testifie and say that at or upon the second day of August this instant they heard the said Will'm Ward speake in the Steeridge of Sd. _Hawk_ that the Captain and Officers where[2] discharging the People (meaning some of the hands) in order to put their shares in their own Pockets, togeather with other Seditious and disrespective words.

JAMES HUDSON. CHARLES WARD. JOHN WOODBRIDGE.

[Footnote 2: Were.]

_171. Protest of Sailors. August 13, 1744._[1]

[Footnote 1: _Ibid._, pp. 249-251. As to protests, see doc. no. 136, note.]

On the Thirteenth day of August Ao. Dom: 1744, And in the Eighteenth Year of His Majestys Reign Before me Benjamin Pollard[2] Notary and Tabellion Publick by Royal Authority duly Admitted and sworn dwelling and practising in Boston in New England Personally Appeared the several persons whose Names are hereunto Subscribed Sailors belonging to the Brigantine named the _Hawk_ Called a private Man of Warr Mounting 12 Carriage and 20 Swivel Guns and Carrying 138 Men Commanded by Samuel Waterhouse now lying the Harbour of Cape Ann Who Severally Declared as follows. And First these Appearers say that the said Saml. Waterhouse in a late Cruize against the French and Spaniards Suffered a Small French Privateer whose force did not Exceed one third of the said _Hawk_ and which it was in his Power to have taken without risque of his Vessell and Company, to escape after firing a few guns, by Voluntarily Parting from him with a Salute of Three Chears; And on the Twenty Ninth day of July last the sd. Brigt _Hawk_ being in Consort with the Sloop _Elizabeth_ a Private Man of Warr belonging to New-York of About 10 Carriage and 12 Swivel Guns and about 55 Men Commanded by Thomas Barns about Twelve o'Clock of that day descry'd a ship Standing to the Westward, the _Hawk_ then Standing to the Eastward upon which Capt. Waterhouse bore away to the sd. sloop to Consult with Capt. Barns (who was then to Leward) About Engaging sd. Ship, and Capt. Barns ask'd what they Made of her, Waterhouse sd. he believed her to be a 40 Gun Ship, to which Barns answered, if she was an 80 Gun Ship he would See her, and then they Stood for her, the ship Still keeping her Course And About an hour before Sun Sett that day gott within About Three Quarters of a Mile of her, when the _Hawk_ hoisted English Colours and fired a Nine Pound Shot at her, and the ship hoisted a French Jack on her Ensign Staff and returned a shot, which fell Short of the _Hawk_ and after the _Hawk_ had fired About 10 Guns and the Ship about 17 Guns, Waterhouse Commanded his Company to desist from firing and to bare away as fast as Possible, and Capt. Barns (who then lay to Windward by order of sd. Waterhouse) very Much Blamed Waterhouse's Conduct in leaving her and said that he (Barns) Intended to have got under her Stern and Raked her fore and aft, and the next Morning Saw a ship they believed to be the same but Waterhouse would not follow her but gave Chase to a smaller Vessell Called the _St. John_ lately taken by him, but Barns was resolved to see her and accordingly went after her and found it was the Same Ship they had Engaged over night And further declared That the said Capt. Waterhouse has been guilty of a Breach of the Articles of Agreement respecting the said Cruize by rejecting and refusing the Vote of the said Company, That the said Waterhouse is a Man of a Moross, Froward and Barbarous disposition having during sd. Cruize used Many of these appearers very Inhumanely by Confining them in Irons Without any real Cause, and is Man of no Courage or Resolution daring not to Engage any Vessell of Equal force with his, but on the Contrary has turned his back on them, and these appearers verily believe that with the help of the sd. Sloop (who was Willing to Aid and Assist) the said _Hawk_ Might have taken the aforesd: Ship, That the sd: Waterhouse Often declared on board that he had orders not to Engage any Privateer and that he Came out to take Merchantmen and such as he could run down, That these appearers have always acted up to their duty in their respective Capacitys on board said _Hawk_ to the Utmost of their Power, And for the reasons Aforesaid These Appearers have left the sd. _Hawk_ in Cape Ann Harbour and Come up to Town and requesting me the said Notary to Protest against the said Capt. Waterhouse and his Cowardice, Actings and doings.

[Footnote 2: Sheriff of Suffolk County 1743-1756.]

Therefore I the said Notary At the request aforesaid did and do hereby Solemnly Protest against the said Samuel Waterhouse and his Cowardice,

## Actings, doings and Misconduct in and about the said Cruize as the

Only reason of these Appearers Coming up to Town, and for all loss, Costs, Charges, damages and demands Whatsoever, Which they or any of them Shall or May Suffer Sustain or be put unto by Means thereof, And Lastly the appearers Declared that they are ready and Willing to go on board the Said _Hawk_ Privateer and proceed in her on another Cruize under the Command of any Captain of known Courage and Conduct. Thus done and Protested in Boston the day and year before written

And To the truth of all which these Appearers have Severally Made Oath and subscribed their Names.

JONATHAN TAYLOR CHRISTOPR: COLLINS JOHN PEARSON EZEKIEL PITTMAN RICHARD ANDERSON BENJA: BOLTER his JOHN PEEWEY WILLIAM [X] BLEYTH mark PATRICK CARNEY WILLIAM WILLIAMS ANDREW LEISHMAN WILLIAM SWETT his DANL. CALFE CHAS: [X] DREW mark his JEREMIAH MOLTON WILLIAM [X] HODGKINS mark JOHN PALLOT ROBERT STANLY JOHN THOMPSON ADAM HOLLIDAY RICHD. THOMPSON STEPHEN HILLOCK EDWD. BROOKSBY JOHN SEAWARD PETER SCOTT

The aforegoing is a just and true Copy of the original Protest on Record in My Office, Attest.

BENJA: POLLARD Noty. Pubk: 1744.

BOSTON Augst: 14: 1744.

_172. Petition of Henry Johnson. August 27, 1744._[1]

[Footnote 1: Mass. Archives, vol. 64, pp. 256-258.]

To His Excellency William Shirley Esq. Govr. and the Hon'ble the Councill

The Petition of Henry Johnson of Boston

Humbly Sheweth

That Mr. Detcheverie, Monsr. Darrancette, and a Boy Named Augustine, French Prisoners taken and brought in here per Capt Waterhouse, has Lodged and Boarded at the house of your Petr. per Order of Benja. Pollard Esq Sheriff of the County of Suffolk, your Petr. humbly Prays your Excellency and hon'rs will be pleased to Ascertain the Allowance your Petr. is to receive for their Board, Washing and Lodging for Twenty One Days, the time they have been at your Petr. house, and your Petr. as in duty Bound Shall Ever pray

Boston 27 August 1744 HENRY JOHNSON 1744

[_Indorsement_]

At a Council held at the Council Chamber in Boston Fryday Octo'r 5 1744.

Read and Dismiss'd.

Monsieur Detcheverie to Henry Johnson Dr. for his Board and Lodging 3 Weeks at 3L 9. 0.0 Monsieur Darrancette to Henry Johnson Dr. for his Board and Lodging 3 Weeks at 3L 9. 0.0 For your Boy Augustine 3 weeks at 30s. 4.10.0 -------- L13.10.0

BOSTON, 22 August 1744. Errors Excepted.

HENRY JOHNSON. 1744

THE _LEWIS JOSEPH_ AND THE _ST. ANNE_.

_173. Deposition of Jacques Piegnon. January 24, 1745._[1]

[Footnote 1: Records of the Admiralty Court held in Philadelphia, 1735-1746, in volume preserved in the office of the clerk of the U.S. district court, pp. 213-216. The judge was Thomas Hopkinson, who qualified in January, 1745.]

The Same 24th January 1744.[2] 5 P.M.

[Footnote 2: _I.e._, 1745, N.S.]

Proclamation made a fourth Time, and none appearing to Claim, the Court ordered the Proctor to Proceed to Prove the lawfull Caption of the said Ship _Lewis Joseph_ and Snow _St. Ann_ and their Ladings,[3]

[Footnote 3: The story of the capture is also related in Benjamin Franklin's paper, the _Pennsylvania Gazette_, Jan. 22, 1745: "On Friday [Jan. 18, arrived] a Ship and Snow, from the _Warren_ Privateer, Alexander Kattur, and the Old _George_ Schooner, William Dougall, Commanders, who sailed from this Port about six Weeks ago in Consort. Seven Days after they left the Capes, in the Latitude of 31, they met with the Ship.... She is a Frigate built Ship, of 18 Carriage Guns, belongs to St. Malo's, and was thither bound. She is called the _Lewis Joseph_. The Captain's Name was Piedsnoirs.... She maintained an obstinate Fight for Five Hours, and did not surrender, till she had received near Fifty Shot in her Hull, and was at last boarded, and the Captain, his second Lieutenant, and four Men killed, and several of the Gentlemen Passengers wounded. The Captain had the Character of a Gallant Man, and, as the Prisoners say, always declared, that he would never part with the Ship but with his Life.... The Snow is called the _St. Anne_, Pierre Dalheu Master, bound to Bourdeaux, and was taken two Days after the Ship. [The rich cargoes are described.] We are daily expecting the two Privateers in."]

Whereupon the following Depositions being Produced and Read, viz.

Jacques Piegnon of St. Malo in France Mariner being Sworn

Deposeth and Sayeth

To the first Interrogatory

That he this Deponent Knows the Ship called the _Lewis Joseph_ now riding at Anchor in this Port of Philadelphia; That in the Month of August 1743 this Deponent contracted and Agreed with Francis Pienoir late Captain of the said Ship and the owners thereof at St. Malo aforesaid to enter and go as Second Captain on Board the said Ship on a Voyage from St. Malo to Cadiz and from thence to proceed to some port of French or Spanish America as should be agreed and resolved on at Cadiz aforesaid; That agreeable to his said Contract this Deponent sailed in the said Ship in quality of Second Captain to Cadiz and from thence to Port Orient[4] in France and thence returned to Cadiz and from thence proceeded to Cape Francois[5] in the Island of Hispaniola; That the said Francis Pienoir was Captain and Commander of the said Ship during the said Voyage; That from Cape Francois aforesaid this Deponent sailed in the said Ship on an Intended Voyage for Nantz in France and on the 26th day of Decr. last, New Stile, the said Ship [was] attacked upon the High Seas in or near the Latitude of 31 deg. North by two English Privateer Vessels, of one of which Captain Alexander Kattur was Commander[6] and Captain John Dougal was Commander of the other, but does not Know the Names of the said Privateers but has heard that one of them was Called the _Warren_ and the other the _George_; That the Engagement between the said Two Privateers and the said Ship _Lewis Joseph_ continued for about five or Six Hours; That at the Beginning of the said Engagement there were fifty two Men in and belonging to the said Ship _Lewis Joseph_ but four of them were Killed in the said Engagement vizt. the said Captain Pienoir, another Captain who was a Passenger and two common Sailors, and three of the Men belonging to the said Privateers were also Killed in the said Engagement as this Deponent afterward heard and believes; That at the time of the said Engagement the said Ship _Lewis Joseph_ was mounted with Eighteen Guns; That the said Ship _Lewis Joseph_ was then taken by the said two English Privateers; That the said Captain Pienoir and all the Mariners and Comp'y belonging to the said Ship _Lewis Joseph_ at the Time of her said Caption were Subjects of the French King; That the same Ship _Lewis Joseph_ was then Laden with divers Goods Wares and Merchandizes.

[Footnote 4: Now called Lorient.]

[Footnote 5: Now Cap Haitien.]

[Footnote 6: The _Warren_; see note 3, above, and _Pa. Mag. Hist._, XXIV. 350.]

To the Second Interrogatory;

That the said Ship _Lewis Joseph_ at the time of her said Caption wholly belonged to Monrs. John Petel a Merchant then residing at St. Malo and a Subject of the French King; That part of the Goods Wares and Merchandizes wherewith the said Ship was laden at the time of her said Caption belonged to the said Captain and the officers of the said Ship and the residue thereof to divers Merchts. and others at St. Malo's, Nantz and other Ports and Places in France and that such Owners of the said Cargo were all then Subjects of the French King.

To the third Interrogatory,

That before the said Ship _Lewis Josephs_ Departure on the said Voyage from St. Malo, the said Captain Pienoir applyed for and obtained from the proper Officer at the Court of France a Commission which gave Authority to the said Captain with the Marriners and Company belonging to the said Ship as a private Ship of War to Seize and take any Person with their Goods and Effects who then were or should happen to be the Enemies of the French King during the Course of the said Voyage; That it is Customary in France for such Ships when there happens to be an Expectation of War being Declared before their Return from such Voyages to apply for and take out such Commissions before their Departure, And this Deponent with the said Captain Pienoir and the rest of the said Ships Company hearing at Cadiz upon their Return thither from Port Orient that War was declared by the French King against Great Britain,[7] they the said Officers and Company belonging to the said Ship _Lewis Joseph_ looked upon themselves well warranted and authorized by the said Commission to Act with the said Ship as a private Ship of War against the Subjects of the King of Great Britain and to Seize and take their Persons and Effects; That the said Ship did not touch in any Port or Place in France after the time of this Deponents hearing of War being Declared against Great Britain as aforesaid; That after the said Ships Departure from St. Malo and during the said Voyage, the said Captain Pienoir produced and read the said Commission to this Deponent and the Rest of the said Ships company, and that the purport thereof was to authorise the said Captain Pienoir with his said Ships Company to Seize and take any Pirates, Interlopers and any future Enemys of the French King with their Ships, Goods and Effects or to that Effect, and was to Continue in force only for the said Voyage, and that the said Commission had a large Seal affixt to it; but what or whose such Seal was this Deponent knows not.

[Footnote 7: The king of France (Louis XV.) declared war on Great Britain on Mar. 15, 1744, N.S.]

To the fourth and fifth Interrogatorys,

That he, this Deponent, knows the Vessel or Snow called the _St. Anne_ in the Interrogatory mentioned and now riding in the Port of Philadelphia; That the said Snow being laden with Divers Wares and Merchandizes at Cape Francois Sailed from thence in Company with the said Ship _Louis Joseph_ and was afterwards taken by the said two English Privateers who took the said Ship _Lewis Joseph_ or one of them as this Deponent hath heard and believes, and was brought into the Port of Philadelphia along with the said Ship, as the Prize of and belonging to the said Privateers but when or where the said Snow was Attacked or taken, or who was the Captain and Commander of her this Deponent knows not, but hath heard and believes that the Captain, Mariners and Owners of the said Snow were all Subjects of the French King; and to the Rest of these Interrogatories cannot Depose.

JACQUE PIEGNON.

THE _APOLLO_.

_174. Deposition of John Brown. August 2, 1745._[1]

[Footnote 1: From the same manuscript volume as the preceding, pp. 262-264. The capture is thus recorded in the _Pennsylvania Gazette_ of Aug. 1, 1745: "Yesterday arrived the Privateer _Trembleur_, belonging to this Port, and brought in the Scotch Ship taken some Weeks since by the Spanish Privateer Snow off the Capes of Virginia. Captain Bowne met with [her] East of Bermudas, bound to Laguira".]

John Brown of Holywood near Belfast[2] in the Kingdom of Ireland being Sworn,

[Footnote 2: Holywood is four or five miles northeast of Belfast, on the east shore of Belfast Lough.]

_1st._ To the first Interrogatory saith that he Knows the Ship called the _Apollo_ now rideing at Anchor in this Port of Philadelphia; That he first Knew the said Ship At the aforesaid Port about Seven Years ago, but the Particular Time does not now remember; That he was hired by Alexander McMullen the Commander of the said Ship on or about the Nineteenth Day of March last past at Larn[3] in the Kingdom of Ireland aforesaid to proceed with the said Ship as Chief Mate thereof from thence to Virginia; That the said Ship at her Departure from Larn aforesaid was not Laden with any Goods, Wares or Merchandizes but in her Ballast; That the said Ship _Apollo_ in the prosecution of the said Intended Voyage was taken as a Prize on the Sixteenth day of June last past upon the High Seas near the Capes of Virginia by a Spanish Privateer Snow; That the Commander of the said Privateer after he had taken Possession of the Ship _Apollo_ brought over board her into his own Vessel the Master and all the Men belonging to the said Ship except this Deponent and one Boy, and at the same time put on Board her Sixteen Mariners belonging to the said Spanish Privateer Snow; That on or about the twentieth Day of the said Month of June the Commander of the said Spanish Privateer caused to be laden on Board the said Ship _Apollo_ several Goods, Wares and Merchandizes the Cargo of a Certain British Snow which the said Privateer had taken a few Days before; That soon after the said Goods, Wares and Merchandizes were put on Board the said Ship _Apollo_ she was seperated from the said Spanish Privateer; That he this Deponant was on Board the said Ship _Apollo_ at the Time of such her seperation and saith that she remained under the Conduct of the said Sixteen Spanish Mariners who were put on Board her on her being first taken as aforesaid (in order to carry her to Laguira[4] as they informed this Deponant) untill the twelfth day of July last past when the said Ship _Apollo_ was attacked and Retaken as a Prize on the High Seas by an English Privateer Sloop called the _Trembluer_[5] whereof Captain Obadiah Bowne was Commander;[6] That upon the Recaption of the said Ship _Apollo_ by the said Sloop the said Captain Obadiah Bowne put on Board her twelve or Thirteen Mariners in order to navigate and carry her to this Port of Philadelphia where she arrived the first day of this Instant Month of August and till which Time the said Deponent Continued on Board her from the Time of her being Retaken as aforesaid.

[Footnote 3: Larne lies on the northeast coast of Ireland, some twenty miles north of Belfast.]

[Footnote 4: La Guayra on the Venezuelan coast, the port of Caracas.]

[Footnote 5: _Trembleur_, _i.e._, Quaker. Her first appearance is in the journal of William Black, under date of May 30, 1744: "a fine Bermudas Sloop bought the other day for 800 pounds Sterling, and is called the _le Trembleur_, to carry 14 Carriage and 20 Swivel Guns, and 100 Men". _Pa. Mag. Hist._, I. 247.]

[Footnote 6: After the war was over, Bowne settled down to the keeping of a public-house "at the sign of the _Trembleur_", at the corner of Market and Water streets, hence long called "Bowne's corner". _Memorial Hist. Phila._, I. 263.]

_2d._ To the second Interrogatory this Deponent saith that the said Ship _apollo_ at the Time of his being Shipped as Chief Mate of her as aforesaid did belong to Richard Oswald[7] and Company Merchants residing in Glascow in Scotland and subjects of the King of Great Britain as this Deponent was informed by the said Alexander McMullen then Master of the said Ship _Apollo_. And this Deponent further says that he does no[t] Know to whom the Goods, Wares and Merchandizes taken from on Board the said Ship _Apollo_ did belong, but says that he Knew and was well acquainted with James Bowne the Commander of the said British Snow at the Time of her being Taken as aforesaid.

JOHN BROWN.

[Footnote 7: This was that Richard Oswald (1705-1784), Franklin's friend, who signed for Great Britain the preliminary articles of peace with the United States, Nov. 30, 1782.]

_175. Deposition of Diego de Prada y Nieto. August 2, 1745._[1]

[Footnote 1: From the same volume as the preceding, pp. 264-266.]

Diego De Prada y Nieto of Sevilla in the Kingdom of Spain being Sworn

3d. To the third Interrogatory Saith That he Knows the Ship called the _Apollo_ now riding at Anchor in this Port of Philadelphia; That he first saw the said Ship _Apollo_ on the High Seas on the Twenty seventh or Twenty eight day of June last, New stile,[2] about the distance of Twelve or thirteen leagues from the Capes of Virginia; That the Persons then on Board the said Ship were Subjects of the King of Great Britain; That the said Ship _Apollo_ at or about the place and Time aforesaid was Attacked and Taken Prize [by] a Spanish Privateer Snow called the _Neustra Senora De los Dellores y Animas_[3] Commanded by Don Carlos Francisco de Bissava and Navigated by Eighty Mariners all Subjects of the King of Spain; That immediately upon the said Ship _Apollo_ being taken as aforesaid this Deponant with fifteen or Sixteen Spanish Mariners belonging to the Said Spanish Snow were sent by the said Capt. Don Carlos Francisco de Bissava on Board the said Ship _Apollo_ whereof they took possession; That the Command of the said Ship _Apollo_ was given to this Deponent with orders to carry her to Laguira on the Coast of Caraccas in new Spain;[4] That on or about the thirty first day of June last N.S.[5] the said Capt. De Bissava caused to be put on Board the said Ship _Apollo_ sundry Goods, Wares and Merchandizes being the Cargo of a Certain Snow taken by a Spainish Privateer about five days before, two legues from the Coast of Virginia, but the Names of the Owners or Commander of the said Snow this Deponent Knows not but has heard and believes tha[t] she belonged to the Subjects of the King of Great Britain; That the said Depont. with the said fifteen or Sixteen other Spanish Mariners Continued in Possession and had the Care and Conduct of the said Ship _Apollo_ untill the 23d day of July last, New Stile,[6] when she was attacked and Retaken by an English Privateer Sloop called the _Trembleur_ whereof Capt. Obidiah Bowne was Commander; That the said Captain Bowne immediately upon his retaken the said Ship _Apollo_ put on Board her thirteen Men who Conducted and brought the said Ship to this Port of Philadelphia.

[Footnote 2: A Spanish sailor would date by new style; June 27, N.S., was June 16, O.S., the date given in the previous deposition.]

[Footnote 3: _Nuestra Senora de los Dolores y [de las] Animas_, "Our Lady of Sorrows and of Souls".]

[Footnote 4: Rather, in the viceroyalty of New Granada.]

[Footnote 5: June 20, O.S., according to John Brown's deposition.]

[Footnote 6: July 12, O.S. (Brown).]

4th. To the fourth Interrogatory This Deponent Saith That among the People who were put on board the said Ship _Apollo_ by the Spaniards there was one Mullato man who was called Limena whom this Deponent says is a free man, and that he, this Deponent had been informed by several and by the said Mullato himself that since the Commencement of the War between England and Spain he was Taken and Carred in to Jamaica and there sold as a Slave and that he run away from the English and got among the Spaniard And this Deponent further heard that he belonged to a Privateer Commanded by Don Pedro De Parieveck and that having quarreld with one of the Officers on board the same, the said Commander by a Letter desired the said Captain Don Carlos Francisco de Bissava Commander of the said Spanish Privateer Snow called the _Neustra Senora de los Dellores y Animas_ to receive the said Mullato on board the same and that he was received aboard accordingly and was to draw an equall share with the Whitemen and did receive ten pieces of Eight Advance money being the sum the Whitemen also receivd and the said Mullato was looked upon by the People on Board the said Privateer as a freeman and by some of them was well known.

DIEGO D PRADA LONE NIETO.

THE _PRINCE CHARLES OF LORRAINE_.

_176. Deposition of Benjamin Munro and William Kipp. April 23, 1746._[1]

[Footnote 1: Rhode Island Archives, volume lettered "Admiralty Papers, 1746-1750", p. 45. Capt. Simeon Potter of Bristol (a town in Massachusetts till January, 1747, in Rhode Island after that date) was one of the most noted and successful of the privateers of his time. His raid on French Guiana in November, 1744, though not enormously profitable nor of much military importance, makes a very picturesque story, chiefly because of the vivid account we have of it from one of its victims, Father Elzear Fauque, an intelligent Jesuit, who was serving the mission at Oyapoc, and was carried away as a prisoner by Potter when he sacked and destroyed that settlement. Father Fauque's narrative, a letter to an officer of his society, dated from Cayenne, Dec. 22, 1744, is in the _Lettres Edifiantes et Curieuses_, XXVII. 172-250 (Paris 1749), VIII. 387-454 (ed. 1781), IV. 493-533 (ed. 1819), II. 34-50 (ed. 1838). There is an English translation in Bishop W.I. Kip's _Historical Scenes from the Old Jesuit Missions_ (N.Y., 1875), pp. 153-205, reprinted in Professor W.H. Munro's _Tales of an Old Sea Port_ (Princeton, 1917), pp. 48-93, in which Potter's life is also told. The admiralty case arose from questions respecting disposal of the booty. Prince Charles of Lorraine was brother-in-law of Maria Theresa, and commanded her army against Frederick the Great. According to Father Fauque, the privateer so named carried 10 cannon, 12 swivel-guns and 61 men. _Lettres Edifiantes_ (ed. 1819), IV. 494.]

Benjamin Munro and William Kipp of Lawfull Age Testifieth and Saith that the said Munro was Master of the Sloope _Prince Charles of Lorain_ whereof Simeon Potter was Commander as a Private Man of Warr and that We took and Plundred a Small Place near Cyan[2] called Yopock[3] and then Proceeded to Cyan where said Potters Lieutenant and Thirty Two men Landed took and Plundred a Place called Muekell yeau.[4] We Landed on Cyan with Ten men where We were taken by One hundred and Thirty Soldiers where Three of Our Men were Killed and Four wounded and then We were carried to Cyan Fort where Capt. Potter sent a flagg of Truce on Shoar with a Fryar[5] and some Soldiers that were taken at Yopock whereupon the Governour of Cyan[6] Immediately gave us Our Barge againe to go on board and half an Ox for fresh Provisions and then We went to go on board of Our Vessel but missed of her in the Night and so We Proceeded to Surranam[7] where We were all Put into the Fort and keept untill the Masters of the English Vessels there Petitioned for us to Come out and in a few Dayes after Capt. Potter arrived in the River with his Priveteer and Came up to Surranam to the Governour[8] to Desire Liberty of him to Wood and Water but they gave no Liberty in Ten or Twelve Dayes and then Ordered that the English Men should bring Wood and Water on Board but the Thing was Attended with so much Dificulty that We were Obliged to Sell some small Plunder on board of Our Own Vessell to Defray our Charges and also that while We were at Surranam Three of Our Slaves Ran away from Us and that the Governour keept and Detained them from us then we Sailed for Barbadoes in Order to Carreen and Refitt Our Vessell and that when We came to Sea we found Five Men and no more on Board who talked Dutch and were dressed in Sailors Apparel who did their Duty as Such and Said that they belonged to Dutch Vessells in Surranam and when we arrived at Barbadoes We Landed our Prize Goods and Slaves where they were Condemned and Sold at a Publick Vendue.

BEN MUNRO. WM. KIPP.

Bristol ss: BRISTOL Apr. 23d 1746.

[Footnote 2: Cayenne the chief town of French Guiana. For the pronunciation, see doc. no. 63, note 20.]

[Footnote 3: Oyapoc, on a river of the same name, lies some 80 miles to the southeast of Cayenne, toward the Brazilian boundary.]

[Footnote 4: Macouria, a lady's plantation a little northwest of Cayenne. Father Fauque, _ubi sup._, pp. 519-520.]

[Footnote 5: Father Fauque was not a friar, but a Jesuit.]

[Footnote 6: M. d'Orvilliers, father of the celebrated admiral of that name. La Condamine, returning by way of the Amazon and of Oyapoc from his celebrated geodetic expedition to Peru, had spent five months with him at Cayenne earlier in this year. _Relation Abregee_, pp. 209-214.]

[Footnote 7: The Dutch then possessed both what is now Dutch and what is now British Guiana. In 1744 their possessions constituted three colonies, Surinam, Berbice, and Essequebo, of which Surinam, the present Dutch Guiana, was the most important. The fort spoken of was at the capital, Paramaribo.]

[Footnote 8: Jan Jacob Mauricius, governor of Surinam 1742-1751; see account of him in Harris and de Villiers, _Storm van 's Gravesande_, II. 538-539.]

Personally appeared the above named Benj'n Munro and Will'm Kipp, (being bound to Sea), and made Oath to the truth of the above written evidence: taken in Perpetuam Rei Memoriam before us two of his Majs. Justices of the peace in and for the County of Bristol:[9] Quorum Unus,

JONA: WOODBURY. JOSEPH RUSSELL.

[Footnote 9: At this date a county of Massachusetts. With this narrative we can compare Captain Potter's own brief account of the affair, as given in the _Pennsylvania Gazette_ of Feb. 19, 1745, being an extract from a letter written by him to his owners, sent to that journal from Newport: "We came to an Anchor at Y'opoch River, took a Craft by which we had an Account of a considerable French Settlement up that River, with a Fort of six Carriage Guns and 50 Soldiers, excluding Officers: We went with the Prisoners we took into the Craft (bound) before us as our Guides: At one o'clock in the Morning we landed a small Distance from the Fort, gave three Huzza's and entred the same Sword in Hand, took it without the loss of one Man, kept Possession thereof 8 Days, took in Plunder 9 Indians, 2 Negroes, a Mulatto Wench, 50 Small-Arms, 5 Casks of Powder, and a small Quantity of Plate, and took 10 Prisoners. We then steered for Surinam and sent up for Liberty to refit, but were refused by the Governor thereof: How far this is consistent with the Treaties between England and Holland, I for my part must leave to others to determine."]

_177. Deposition of Daniel Vaughan. September 1, 1746._[1]

[Footnote 1: Rhode Island Archives, volume lettered "Admiralty Papers, 1746-1750", following doc. no. 176.]

Daniel Vaughan, late Lieutenant the Sloop _Prince Charles of Lorain_, Capt. Simeon Potter, on a Cruising Voiage Anno 1744, on oath declared that an Indian man Named Jeffery Potter was one of the Hands of said Sloop during her Cruize; that on said Cruize the Sloops Company made an Attack on a French Settlement called Yapoke and took out of said Settlement Seven Indians, three Negroes, twenty large Spoons or Ladles, nine Large Ladles, one Gold and one Silver hilted Sword, one Gold and one Silver Watch, two Bags of Money the Quanty uncertain, a number of Chest and Trunks of Goods and Merchandize and waring apparell, a Number of Gold Rings, Buttons and Buckles, a Number of Silver Candlesticks and Church Plate both Gold and Silver,[2] a Number of Swords, about Sixty small arms for Cannon, Shot of all Sorts, about Fifty halfe Barrals of Powder, a Quantity of Beafe, Flower and other Provisions and Sundry other things wch. this Deponent cannot enumerate; that after the taking of said Goods etc. from Yapoke sd. Sloop and Company sail'd for Surrinam where Capt. Potter put a Quantity of sd. Merchandize up at Vendue on board a Vessel in the Harbour and purchased the most of them himself and ship't them to Rhode Island on his own account; then said Sloop Sailed for Barbadoes on wch. passage the men demanded that Capt. Potter would Share the Money taken, according to the Articles, to which Capt. Potter answered that he would share none until his Return for all the Men were indebted to the Owners more than that amounted to and Swore at and Damn'd them threatning them with his drawn sword at their Breasts, which Treatment Obliged the Men to hold their Peace and when said Sloop arrived at Barbadoes Capt. Potter without consulting the Men put part of the afore mentioned Effects into the Hands of Mr. Charles Bolton and kept the other part in his own Hands and Supply'd the Men only with Rum and Sugar for their own drinking, and further this Deponent saith that Capt. Potter refusing to let the men have their Shares and his Ill Treatment of them by beating them occasioned about twenty-four to leave the Vessel whose Shares Capt. Potter retained in his Hands and further this Deponent saith not. DANIEL VAGHN. Sworn to this 1 Day of September A.D. 1746, Capt. Potter not notified living out of the Government, befor EBEN'R RICHARDSON Just: apece.[3]

[Footnote 2: Father Fauque greatly laments the loss of these. Professor Munro, _History of Bristol_, p. 180, says that some of the silver which Captain Potter brought home from Oyapoc is still in the possession of descendants of his family.]

[Footnote 3: Bristol had not yet become a part of Rhode Island. Ebenezer Richardson was a justice of the peace in Newport; _R.I. Col. Recs._, V. 335. Thomas Ward was elected secretary of the colony of Rhode Island in May, 1747 (_ibid._, V. 215).]

A true Copy as one file in the Case Patd. agst. Potter examd.

by THO. WARD, Clk.

THE _ELIZABETH_.

_178. Deposition of William Dunbar. May 7, 1747._[1]

[Footnote 1: Rhode Island Archives, same volume as the preceding, p. 15. This deposition follows in that volume the libel of John Sweet of Newport, commander of the privateer _Defiance_, against Paas's sloop, captured by him.]

Novemb'r 26th 1746 Being at the Island Orcheilla[2] in Company with Captn. Rous in the _Trelawney Galley_ of Jamaica, Saw a Sloop coming from the Eastward, at 9 P.M. took her, they Informed us it was the Sloop _Elizabeth_, John Paas Mastr. from Martinico, were Bound and belonged to Curacoa, Cargoe Sugar and Coffea. when John Paas came on board the Privateer all the Papers he Could produce was a Sea Brief[3] and a Paper containing an accot. of the Cargoe he then had on Board, we Inquired for the rest of his Papers, he answered he had left them in Martinico, we told him such mistakes were not at all likely, and therefore must Send him into Port. he made Use of many horrid Imprecations, and many times offered to Swear, his Vessell and Cargoe was a Dutch Property and that neither french nor Spaniards were anyway Concerned in either. when we Told him he must go in his Sloop for Rhode Island, his answer Generally was, what Signifies my going with the Sloop without my papers, do but first lett me go to Curacoa and furnish myself w'th papers and then I will follow my Sloop. and his Sloop being Leaky we Concluded to heave her down and stop her leaks before we Sent her homeward. after we had Cleaned her and got the Cargoe on Board, found Concealed in the under part of the Boats Chock,[4] a Sett of french Papers Expressing who the Cargoe belonged to. John Paas Imediately retracted what he had formerly Said, Acknowledged that Vessell and Cargoe did belong to the french. Some time afterwards we had Some discourse Concerning the Illicit Trade that is Carried on by the Inhabitants of Curacoa. John Paas Told me a Sure way of knowing a real dutch Vessell and Cargoe from a Counterfeit one, which is by a paper Carried by all Dutch Vessells (but wanted where french or Spainards are Concerned) expressing the Owners and Master Name, where bound to, a Particular account of all the Cargoe on Board.[5] this Paper is Sworn to by the Owners, afterwards Signed by the Governour and other Officers, with the Island Seal affixed to it.

WILL. DUNBAR.

[Footnote 2: Orchilla, a small island in the Caribbean, north of Venezuela and 200 miles east of Curacao.]

[Footnote 3: See doc. no. 129.]

[Footnote 4: Blocks of wood, shaped to the under side of a boat, on which a boat rested when on the deck of a ship.]

[Footnote 5: See doc. no. 128, note 12.]

The above Eviden[ce] was sworn to in Court the 7th Day of May 1747.

* * * * *

_179. Petition of Edward Winter. May, 1749._[1]

[Footnote 1: Mass. Archives, vol. 64, pp. 333-335.]

Province of the } To his Excellency William Shirley Massachusetts Bay } Esqr. Govr: and Commander in chief in and over sd. Province[2] the Hon'ble the Council and House of Rep'ves in General Court Assembled May ---- 1749.

[Footnote 2: Shirley was governor of Massachusetts from 1741 to 1756. His correspondence, edited by Charles H. Lincoln, has been published in two volumes by the National Society of the Colonial Dames of America.]

The Petition of Edward Winter of Boston Blacksmith Humbly Sheweth,

That in the Year 1744 there were nine persons committed to the County Goal[3] in Boston, being charged with committing divers acts of Piracy, Hostility etc. on the high Seas and soon after they were put into Goal, they attempted to get off their Irons and make their Escape but being discovered were prevented, and thereupon your Petr: was ordered to Search and Examine their Irons several times in a week, which he accordingly did from the 12th day of January 1744 to the 23d of July 1746, 253 times, and charged the Province for the same the small price of one shilling a time, amounting in the whole to L12. 13. 0 bills of the last tenor,[4] and put in his Bill to the Committee appointed by the special Court of Admiralty who try'd said Prisoners, to Examine the Acco'ts of Charges that had arisen on said Prisoners, but the same was not allowed by them, they apprehending the Pet'rs Bill sho'd be paid by the County (tho' all other charges upon 'em the Province paid) and said Committee accordingly recommended it to the Court of Sessions to pay the same, to whom your Petr. has since appl'd but they absolutely refused paying it, so that your Petr. unless that he is relieved by this Hon: Court is like to suffer greatly.

[Footnote 3: Gaol.]

[Footnote 4: Massachusetts began the issue of provincial paper money in 1690, and continued it till 1748. Its bills of credit were distinguished, according to the form of these promises to pay, into three varieties: old tenor (issues of 1690-1737), middle tenor (1737-1740), and new tenor (1740-1748). New tenor bills, here spoken of, were at this date valued at about one-tenth of the corresponding sum in specie.]

Your Petr. therefore prays your Excellency and Honours will be pleased to take the premises into Consideration, and as all the other charges were paid by the Province, he prays he mayn't be the only sufferer, but that you'l be pleas'd to order Payment of his Acco't out of the Treasury accordingly.

And as in Duty Bound he shall pray etc.

EDWARD WINTER.

In the House of Rep'tives June 28: 1749.

Read and ordered That there be granted and allowed to be payd to the Petitioner Edw'd Winter out of the Province Treasury the Sum of Twelve pounds Thirteen shillings In full for his Services In Sd. Petition mentioned.

J. DWIGHT, Spkr.

In Council June 29 1749 Read and Concurr'd.

SAM HOLBROOK, D'ty Sec'ry. Consented to. W. SHIRLEY.[5]

[Footnote 5: The order is printed in _Acts and Resolves_, XIV. 285.]

_180. Commission of a Vice-Admiralty Judge. September 23, 1752._[1]

[Footnote 1: From the volume in the clerk's office of the United States district court at Charleston, S.C. called "Admiralty Records of South Carolina, Book E-F", p. 1. A commission issued to a vice-admiralty judge, Lucas Santen, New York, 1683, has already been inserted in this volume, as doc. no. 51, but that, besides being issued under a proprietary, and so not wholly typical, was not a commission to Santen _as_ admiralty judge but a special commission for the trial of piracy. Another typical specimen, to Richard Morris, New York, Oct. 16, 1762, may be seen in E.C. Benedict, _The American Admiralty_, third ed., pp. 79-84; fourth ed., pp. 76-80. Benedict states that he has also seen the commissions of Roger Mompesson, Apr. 1, 1703, of Francis Harrison, Feb. 13, 1721, and of Lewis Morris, Jan. 16, 1738, who served as judge in New York till 1762. All three were destroyed in the fire at the Albany Capitol.]

South Carolina.

George the Second by the Grace of God of Great Britain, France and Ireland King, Defender of the Faith, and so forth

To James Michie, Esquire.[2]

[Footnote 2: James Michie, a South Carolina lawyer, was admiralty judge from 1752 to 1758, speaker of the assembly 1752-1754, and chief-justice for a brief period in 1759. He died July 16, 1760. _S.C. Hist. Mag._, X. 160. His predecessor James Graeme (also chief justice) had died in late August, 1752.]

We, reposing especial Trust and Confidence in the Loyalty, Integrity and Ability of you the said James Michie, and your skill and knowledge in our Laws Civil and Maritime of our Kingdom of Great Britain as well as of our province of South Carolina in America, have constituted and appoint you to be Judge of our Court of Vice Admiralty in our province of South Carolina in America aforesaid, with full Power and Authority to sit, hear and Determine all Causes whatsoever competent to the Jurisdiction of the said Court, To have and to hold, use, exercise and enjoy the said Office of the Judge of the Vice Admiralty in our province of South Carolina in America aforesaid, with all the Fees, profits, Perquisites, Privileges, Advantages and Emoluments incident thereto, in as full and ample manner as any of your Predecessors Judges of the said court have holden the same.

This Commission to continue during Pleasure.

Given under the great Seal of the said Province at CharlesTown in the Council Chamber the twenty third Day of September and in the twenty-sixth year of our Reign 1752.

Witness our Trusty and Well beloved James Glen, Esq: Governor in Chief and Captain General in and over our said Province.[3]

[Footnote 3: James Glen, a Scot, was appointed governor of South Carolina in 1738, commissioned in 1739, came out to the colony in 1743, and was governor till 1756.]

By his Excellency's Command.

WILLIAM PINCKNEY, Dept. Secry.[4]

[Footnote 4: Maj. William Pinckney (1703-1766), deputy secretary and afterward commissary general of the province; grandfather of Governor Charles Pinckney. In the volume in which this commission is found, it is indexed as James Michie's commission from Governor Glen, the document which follows (no. 181) as his commission from England. Sometimes, especially in the earlier period, admiralty judges in the colonies were commissioned by the respective governors acting under warrants from the lords of the admiralty empowering them so to do (_e.g._, doc. no. 69); more often they were commissioned directly by those lords, under the great seal of the admiralty. Docs. nos. 180 and 181 illustrate the two forms.]

Recorded in the Secretary's Office in

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