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