144. Commission of Capt. Benjamin Norton as a Privateer. June 2, 1741.[1] 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. 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] 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] 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. 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 £10000 Pear.[5] Bought 10s. worth of Codfish for the people. 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] 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] 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.
Account of the Provisions taken on Board the Sloop Revenge att Rhode Island, Viz. | Beef 50 bb. at £7. 10 per bb. | £375 | | Pork 18 bb. £12 per bb. | 216 | | Flowr 64 bb. £8 per bb. | 512 | | Bread 50 C. £4 per C. | 200 | | Beans 10 bus. | 8 | | Rum 100 Gall. 10s. per Ga. | 50 | | Sugar 1C.2[13] £8 per C. | 12 | | Hogs fatt a Cagg[14] | 7 | | £1380 |
List of People on Board the Sloop Revenge who Saild with us from Rhode Island.
| Names | Quality | Names | Quality | | John Freebody | Passenger | Benj. Blanchard | Mariner | | Benjn. Norton | Commander | Alexr. Henry | Do. | | Elisha Luther | Master | Jno. Brown | Do. | | Peter Vezian | Capt. Qr. Mr. | James Mackon | Do. | | John Gillmore | Mate | Timothy Northwood | Do. | | James Avery | Boatswain | George Densey | Do. | | John Griffith | Gunner | John Smith | Do. | | Edwd. Sampford | Pilott | Gideon Potter | Do. | | Robert Little | Carpenter | John Bennett | Do. | | Humphry Walters | Marriner | John Taylor | Do. | | Duncan McKinley | Do. | Foelix Burn | Do. | | James Barker | Do. | Joseph Ferrow | Do. | | Thos. Colson | Do. | William Austin | Do. | | John Holmes | Do. | William Frisle | Do. | | James Ogleby | Do. | William Higgins | Do. | | Andrew Wharton | Do. | John Wright | Do. | | Saml. Webster | Do. | Richard Norton | Capt. Negro | | Joseph Frisle | Do. | Edward Almy | Cook | | John Swan | Do. | 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. 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. 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. 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. 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] 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. 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 8½ 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. 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. 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. 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° 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. 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. 9½ bb. of beef, 1 bb. of pork, 14 bb. of Bread. Remains 49½ bb. of beef, 29 bb. of pork, 40 C. of bread. 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 £20 York Cur[renc]y,[29] also 10 Pistolls and Cutlasses. 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. 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 £38.2.1 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. 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 | | slash | | | 50 bb. of Beef 7.10 | £375 | | | 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 £8 per C. | 12 | | | A Cag of hogs fatt | 7 | | | 50 C. of bread at 4 per C. | 200 | | | £1380 | | | Taken in At New York | | | | 8 bb. of Beef 7.10 | 60 | | | 12 bb. of pork 12. | 144 | By the foot of | | | A Doctors Chest and Medicines | | this Acct. to | | | first Cost New York | | be carryed to | | | Cur'y £38.2.1 | | Acct. Cur't to | | | Advance 200 per C. 76.4.2[33] | 114.6.3 | be paid by the | | | Total | £1698.6.3 | Sloops Comp'y | £1698.6.3 | 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.
List of the Men of the people On Board the Revenge.
| Names | Quality | Shares | | Benjn. Norton | Com'r. | 2½ | | Wm. Stone | Lieut. | 1½ | | Elisha Luther | Mas'r. | 1½ | | Peter Vezian | Capt. Qr. Mr. | 1¼ | | Wm. Blake | Doctor | 1½ | | John Gillmore | Mate | 1¼ | | James Avery | Boatswain | 1¼ | | John Griffith | Gunner | 1¼ | | Robert Little | Capt. | 1¼ | | 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 | ¾ | | Gideon Potter | Do. | ¾ | | Thos. Colson | Do. | ¾ | | Benjn. Blanchey | Do. | ¾ | | Willm. Jackson | Do. | ¾ | | Barney M'Keneys | Do. | ¾ | | Joseph Frisle | Do. | ¾ | | Joseph Marshall | Sailor | ¾ | | Wm. Frisle | Do. | ¾ | | Timy. Northwood | Do. | ¾ | | Andrew Wharton | Do. | ¾ | | Evan Morgan | Do. | ¾ | | Saml. Kerby | Do. | ¾ | | John Brown | Do. | ¾ | | John Smith | Do. | ¾ | | James Magown | Do. | ¾ | | John Swan | Do. | ¾ | | Wm. Austin | Do. | ¾ | | John Wright | Do. | ¾ | | John Bennett | Do. | ¾ | | George Densey | Do. | ¾ | | Ephraim Read | Do. | ¾ | | John Taylor | Do. | ¾ | | Ralph Gouch | Do. | ¾ | | Peter McKickings | Do. | ¾ | | Humphry Walters | Do. | ¾ | | Quinton Sommerwood | Do. | ¾ | | Mattias Sollam | Do. | ¾ | | Flora Burn | Do. | ¾ | | Saml. Henderson | Do. | ¾ | | William Ramsey | Do. | ¾ | | Thos. Grigg | Do. | ¾ | | John Wyld | Do. | ¾ | | Saml. Bourdett | Do. | ¾ | | James Welch | Do. | ¾ | | John Gregory | Do. | ¾ | | Danl. Walker | Cook-Mate | ¾ | | | 55 |
Sum totall of the Shares[37]
| Officers draws | 13¼ | | Men that have fitted themselves | 14 | | Those fitted by the Owners | 27¾ | | Owners for fitting Men | 9¼ | | Sloop | 14 | | Totall | 78¼ |
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 £5 Cash they had of him when att Rhode Island.
Sundry Acc'ts to the Owner of the Revenge Dr. £37.5.6.
For Ozenbrigs, 165 yds., at 4s.6 per yd. | Gideon Potter | 6 yds. at 4s.6 | £1. 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 | 2½ | 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 | 2½ | 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 | | | | ——— | £37.5.6 | Sundrys, Dr. to the Owners for Cash, £14.10. | To Alexr. Henry | £5. | Benjn. Blanchey | £0.18. | | | To James Magown | 5. | Saml. Kerby | 3.12. | | | | | 10. | | | —— | | —— | | | £10. | | | 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. 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] 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. | 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 ½ 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. | 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. 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. 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. 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. 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. 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. 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] 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. 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. 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. 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. 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. 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. 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. 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. | | 43:5½ | | | Beef, 6 barrs. | | 23: | | | Pork, 40½ do. | | 250:2 | | | Oyle, 4 bbs. | | 37:0½ | | | 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 86½ bs., Staves
1500, tar 13, pitch 20 bbs., Oyle 4 bb., Sloop and
furniture | bracket | total | 1526:7 |
| Dr. | William Moon Esqr. to the Owners of the Revenge | Cr. | To the one half of the prize
bro't into providence and
condemned by a Court of
Vice Admiralty Amount'g
in all to 1526 Ps. 8/8,
7 R., the one half for
Salvage is Ps. 8/8 | | | Ps. 8/8 R. | | By Benja. Norton for 2 bbs.
of pork bo't att Vandue | 12:4 | | By Sundries bo't by Your
people att ditto | 14: | | By Cash paid Att twice | 100: | | 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 | | ——— | | ——— |
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 £540 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 £540 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: 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. | Dr. | The Comp'y of the Sloop Revenge to the Owners | Cr. | To her first Outsett
Brot. from folio 9 | 1698. 6.3 | By Cash Recd of Mr.
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
provisions Expended | 16. 4.9 | To prison fees for Nego.
and M.[67] | 4.19. | By Ballce. due P Compy. | | To Jno. Wright frock
and trowsers | 1. 7. | | 1072.11. | To the Storedge of the
provce. | 7. 4. | | | | To a bb. pork | 5.17. | | | | ————— | | ————— | | £1776.16.9 | | £1776.16.9 | | ————— | | ————— | On board the Revenge SE per P Vezian QMr. 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. 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. | 2½ | Brought Over | | 36½ | | Wm. Stone | Lieut. | 1½ | Thos. Colson | Mar'r. | ¾ | | Elisha Luther | Mas'r. | 1½ | Wm. Ramsey | do. | ¾ | | Peter Vezian | Cap. | 1¼ | Jno. Taylor | do. | ¾ | | QM. | | Math'as Sollom | do. | ¾ | | Wm. Blake | Doctor | 1½ | Thos. Grigg | do. | ¾ | | Ralph Gouch | Boats'n | 1¼ | Benj'n Blanchard | do. | ¾ | | Jno. Griffith | Gun'r | 1¼ | Bryan McKeneys | do. | ¾ | | Jno. Gillmore | Mate | 1¼ | Joseph Frisle | do. | ¾ | | Robt. Little | Carp'r | 1¼ | Jno. Smith | do. | ¾ | | Duncan McKenley | C Q Mr. | 1 | Saml. Kerby | do. | ¾ | | Jams. Ogleby | Gun'rs | | Peter McKincking | do. | ¾ | | Mate | 1 | Saml. Henderson | do. | ¾ | | Jere Harman | Mar'r | 1 | Tim. Northwood | do. | ¾ | | Foelix Burn | do. | 1 | And'w Warden | do. | ¾ | | John Webb | do. | 1 | George Densey | do. | ¾ | | Alex'r Henry | do. | 1 | James M'Gown | do. | ¾ | | Wm. Higgins | do. | 1 | Gideon Potter | do. | ¾ | | Jas. Barker | do. | 1 | Saml. Bourdett | do. | ¾ | | Rich'd Righton | do. | 1 | Nath'l Gwinn | do. | ¾ | | James Hays | do. | 1 | Flora Burn | do. | ¾ | | James Avery | do. | 1 | James Welch | do. | ¾ | | Tulip May | do. | 1 | Jno. Brown | do. | ¾ | | Thos. Fryer | do. | 1 | Wm. Jackson | do. | ¾ | | Jno. Waters | do. | 1 | Jos. Marshall | do. | ¾ | | Jno. Vanderhyde | do. | 1 | Quinton Sommerwood | do. | ¾ | | Jno. Arnold | do. | ¾ | | | | | Jno. Elderidge | do. | ¾ | Jno. Evergin | do. | ¾ | | Wm. Frisle | do. | ¾ | Rich'd Norton | do. | 1 | | Ephraim Read | do. | ¾ | Ned Almy | Cook | 1 | | Evan Morgan | do. | ¾ | Dan'l Walker | C. Mate | ¾ | | Jno. Holmes | do. | ¾ | Joseph the S'v't | | ¼ | | Jno. Bennett | do. | ¾ | Aug'ne | pris'r | | | Jno. Wyld | do. | ¾ | James Jennings | Mar'r. | ¾ | | Hump'y Walters | do. | ¾ | Saml. Nixon | do. | 1 | | Wm. Austin | do. | ¾ | Revenge | Sloop | 14 | | Jno. Swan | do. | ¾ | | | —— | | | —— | | | 74¾ | | | 36½ | | | |
Abstract of the Shares of the Revenge.
| Officer draws | 13¼ | | Shares | | Whole Share men | 19¾ | [18] | do. | | Men fitted by the Owners | 28½ | [29¼] | do. | | Owners for fitting out | 9¾ | | do. | | Sloop | 14 | | | | The Lieu'ts Man Jos. | ¼ | | | | —— 85½ | [84½] | Shares | N.B. Saml. Nixon to pay ½ of a ¼ Share for a Gun and Cartouch.
Jno. Hayes to pay ¼ of ¼ of do. for a pistoll.
Sundry Accts. from Folio II. Dr. to the Owners.
| To the foot of that Acct. for Ozenbrig | £37. 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. | | ——— | | £55. 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. |
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. 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] 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. 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] 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. 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. 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. 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. 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. 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. 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] 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] 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 £540 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. 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. 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 £5 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. 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. Inclosed You'l Receive Capt. Frankland['s] 2 Bill of Exchg. on his Brother for £540, 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. 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] 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 | £1698. 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 | | £1776.16. 9 Ps. 8/ | 1972.1 | | Cr. | | | | By Cash Recd of Mr. Moon | £137. 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—54¾ Moidrs.[2] at 7½
Ps. 8/ | 368.17. 9 | 409. 7 | | 38 pistoles | 153.18. | 171. | | 2½ Johannes | 45. | 50. | In Silver £3. 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 | | £1776.16. 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]
£3. 4s. 0d. English Mony.
Sent by Robert Griffin to New York | 133 Mild ps. of Eight | £53. 4. 0 | | 54 Moydores in Gold at 44s.[7] | 118.16. 0 | | ————— | | New York Mony | £172. 0. 0 | 147. Petition and Complaint of John Freebody. November 5, 1741.[1] 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
Massachusetts Bay SS. | bracket | To the Hono'ble Robert Auchmuty,
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— 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. [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. 148. Deposition of Jeremiah Harriman. November 25, 1741.[1] 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. 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] 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. 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. 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] 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. 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. 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. 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. 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. 151. Appeal in Prize Case. December 8, 1741.[1] 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.
152. Bond for Appeal in Prize Case. December 19, 1741.[1] 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] 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. 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. 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 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. 154. Letters to Owner from London Agents. June 10, July 17, 1742.[1] | Mr. John Freebody. | London June 10th 1742.
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—
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. [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. 155. Decree of Vice-Admiralty Judge. July 7, 1742.[1] Colony of Rhode Island, etc.
Curia Admiralitatis | bracket | | James Allen, etc. proponents
against the Schooner St. Joseph
de las Animas for Gunns, Ammunition,
One Slave and Cargo etc. | bracket | 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. 156. Letters to Owner from London Agents. July 27, August 13, 1742, February 16, 1743.[1] London 27th July 1742. | Mr. John Freebody | 1 p.c. | | Sir | Copy per Ellis | 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—
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 £50 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.
London Febry 16th 1742/3.
| Mr. John Freebody | | | Sir | Copy per Capt. Turner | 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 £5 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 £120.18.6, 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] 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 | £0. 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. | | | | 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 | 0. 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 | 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 £10 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 | | £74. 9. 3 | Everard Sayer, 10th Feb'ry 1743[5]
Rece'd then the Contents
Everard Sayer
Vera Copia per 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] 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. 3½ pts. | £1. 8. 0 | | Cinnamoni 1½ 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. 3½ 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. 3½ 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. 1¼ oz. | 0. 5. 0 | | Syr. Papaver Diacodii 4 pts. 5 oz. | 2.11. 9 | | Croci 2 pts. 5½ oz. | 2. 7. 0 | | Limonum 2 pts. 1 oz.[4] | 1. 4. 0 | | Oleum Hyperic. 3¾ oz. | 0. 6. 0 | | Lini 3 pts. | 0.13. 6 | | Succini 2 oz. | 0. 8. 0 | | Juniper. 2 oz. | 0.12. 0 | | Terebinth 3¾ pts. | 0.15. 0 | | Olivarum 3¾ pts. | 1. 2. 6 | | Anis. 2 oz. | 0.12. 0 | | Amygd. dulc. 4 oz. | 0.12. 0 | | Mel Rosarum 1¾ 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. 1¾ 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 6¼ 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 1½ oz.[8] | 0.16. 0 | | Emplast. Diachylon c' G. 1 lb. | 0.16. 0 | | Oxycroceum 1½ 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 ¾ 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. ½ 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. 2¾ pts. | 1. 7. 6 | | Argent. Viv. 8 oz. | 1.10. 0 | | Antimo. Crud. ½ lb. | 0. 2. 6 | | Succ. Glyzyrrhiz. 1 pt. | 0.14. 0 | | Rad. Sarsaparil. 3 lbs. | 1. 4. 0 | | Hyssop. ½ lb. | 0. 2. 6 | | Centaur. Minor. ½ lb. | 0.12. 0 | | Extract Cass. Fistul. 2¼ 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. ½ 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. ½ pt. | 0. 3. 0 | | Alum. Crud. ½ 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 ½ lb. | 0. 1. 0 | | Empl. de Ranis [cum Mercurio] ½ lb. | 0.12. 0 | | Rad. Serpent. Virg. 11 oz.[14] | 0. 8. 3 | | Myrrh. Pulv. 1¼ oz. | 0. 6. 3 | | Ol. Rorismarin. ½ oz. | 0. 8. 0 | | Lavend. 3¾ 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 ½ 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. 159. Account for the Revenge. June, 1744.[1] The Sloop Revenge, Dr. | 1744, June 7th. | To the Judges fees for Condemnation,
etc. | £70. 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 | | | £386. 6. 7 | Per Contra Cr. | 1744, June 7th. | By Sundrys Sould at Vandeu At
Provdc. | £2123.12s. 6d. | | By the Hides and Tobacco | 569. 0. 0 | | | £2692.12. 6 | | Charges | 386. 6. 7 | | | £2306. 5.11 | | Owners 1/3 | 768.15. 3½ | | | 768.15. 3½ | | Mens 2/3 | 1537.10.7 | | Docter Chest Deduct | 165. 0. 0 | | | £1372.10.7 | | | 629. 5. 0[6] | | The Comp. Dividend to Divide among them | £2001.15.7 | | | | | J.F. | 1/2 is | £384. 7. 7¾ | Owners | 1/3 | £768.15. 3½ | | 1/8 is | 96. 1.10¾ | | 1/2 | 384. 7. 7¾ | | 1/16 is | 48. 0.11½ | | 1/4 | 192. 3. 9¾ | | | ————— | | 1/8 | 96. 1.10¾ | | | 528.10. 6 | | 1/16 | 48. 0.11½ | | B.N. | 1/4 is | 192. 3. 9¾ | | | | | 1/16 is | 48. 0.11½ | | | | | | ————— | | | | | | 768.15. 3½ | | | | [1] Massachusetts Historical Society.
160. Agreement: The Revenge and the Success. November 10, 1744.[1] 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] 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. | £5000. 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 £15 | 9095.12. 6 | | 173 | Bags Ditto Wt. Nt. 330 C. 8 lb. at £15 | 4951. 1. 5 | | 165 | Casks Ditto Wt. Nt. 246 C. 1 Qr. 16 lb. at £15 | 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 £8 | 3557.12.10 | | 90 | Ditto Wt. Nt. 662. 3. 11 at £7 | 4639.18. 9 | | 56 | Ditto Wt. Nt. 373. 1. 20 at £6 | 2240.11. 5 | | 39 | Ditto Wt. Nt. 236. 3. 20 at £5 | 1184.10. 8¾ | | 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 £45 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 | | 5½ | 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 £7. 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 | 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 £9 | 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 £24 p. Oz | 1091. 4. 0[7] | | 463 | Ozs. and 12 Gr. Silver at 33s. p. oz. | 764. | | | —————— | | | £61631.12. 2 | 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] 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] 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 | £0. 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 | | ——— | | £8. 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 | £15. 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] 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]
- 5½ 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
164. Suggestions as to plundering Hispaniola.[1] 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. 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.
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