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diff --git a/24882.txt b/24882.txt new file mode 100644 index 0000000..d385906 --- /dev/null +++ b/24882.txt @@ -0,0 +1,31433 @@ +The Project Gutenberg EBook of Privateering and Piracy in the Colonial +Period, by Various + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Privateering and Piracy in the Colonial Period + Illustrative Documents + +Author: Various + +Editor: John Franklin Jameson + +Release Date: March 20, 2008 [EBook #24882] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK PRIVATEERING AND PIRACY *** + + + + +Produced by Suzanne Shell, Linda Cantoni, and the Online +Distributed Proofreading Team at http://www.pgdp.net. This +e-book was created from a 1970 reprint published by Augustus +M. Kelly, Publishers, New York. + + + + + + + + + +[Transcriber's Notes: This book contains documents written in 17th- and +18th-Century English, Dutch, French, and other languages. +Inconsistencies of spelling, punctuation, capitalization, and +hyphenation have been preserved as they appear in the original. (See +the last paragraph of the Preface for the editor's note on this.) +A few obvious printer errors in the editor's footnotes have been +corrected. + +This book contains characters with macrons, which are represented here +in brackets with an equal sign, e.g., [=a]. + +The original contains various symbols to represent signature marks. +These have been described in brackets, e.g., JOHN [X] SMITH. + +The original contains a number of blank spaces to represent missing +matter. These are represented here as a series of four hyphens. + +In the original, there are a few numbers enclosed in square brackets. +They are here enclosed in curly brackets, in order to avoid confusion +with the square-bracketed footnote numbers used in this e-text.] + + + + +PRIVATEERING AND PIRACY + +IN THE + +COLONIAL PERIOD: ILLUSTRATIVE DOCUMENTS + + +EDITED UNDER THE AUSPICES OF +THE NATIONAL SOCIETY OF THE +COLONIAL DAMES OF AMERICA + + +BY + +JOHN FRANKLIN JAMESON + +DIRECTOR OF THE DEPARTMENT OF HISTORICAL RESEARCH IN +THE CARNEGIE INSTITUTION OF WASHINGTON + + +New York +THE MACMILLAN COMPANY +1923 + + + + +TO THE HONORED MEMORY OF + +JOHN JAMESON + +OF BOSTON + +1828-1905 + +VOYAGER, TEACHER, LAWYER, SCHOLAR + +WHOSE LOVE OF LEARNING AND WHOSE UNSELFISH +DEVOTION MADE IT NATURAL AND POSSIBLE +THAT I SHOULD LEAD THE STUDENT'S LIFE + + + + +PREFACE + + +The National Society of the Colonial Dames of America have formed the +laudable habit of illustrating the colonial period of United States +history, in which they are especially interested, by published volumes +of original historical material, previously unprinted, and relating to +that period. Thus in the course of years they have made a large +addition to the number of documentary sources available to the student +of that period. First they published, in 1906, in two handsome +volumes, the _Correspondence of William Pitt, when Secretary of State, +with Colonial Governors and Military and Naval Commanders in America_, +edited by the late Miss Gertrude Selwyn Kimball, containing material +of great importance to the history of the colonies as a whole, and of +the management of the French and Indian War. Next, in 1911 and 1914, +they published the two volumes of Professor James C. Ballagh's +valuable edition of the _Letters of Richard Henry Lee_. Then, in 1912, +they brought out, again in two volumes, the _Correspondence of +Governor William Shirley_, edited by Dr. Charles H. Lincoln, and +illustrating the history of several colonies, particularly those of +New England, during the period of what in our colonial history is +called King George's War. More recently, in 1916, the Society +published an entertaining volume of hitherto unprinted _Travels in the +American Colonies_, edited by Dr. Newton D. Mereness. + +It was resolved that the next volume after these should be devoted to +documents relating to maritime history. In proportion to its +importance, that aspect of our colonial history has in general +received too little attention. In time of peace the colonists, nearly +all of whom dwelt within a hundred miles of ocean or tidewater, +maintained constantly a maritime commerce that had a large importance +to their economic life and gave employment to no small part of their +population. In time of war, their naval problems and dangers and +achievements were hardly less important than those of land warfare, +but have been far less exploited, whether in narrative histories or in +volumes of documentary materials. Accordingly the Society's Committee +on Publication readily acceded to the suggestion that a volume should +be made up of documents illustrating the history of privateering and +piracy as these stand related to the life of America during the +colonial period--for it is agreed that few aspects of our maritime +history in that period have greater importance and interest than these +two. In some of our colonial wars, as later in those of the Revolution +and of 1812, American privateering assumed such proportions as to make +it, for brief periods, one of the leading American industries. We +cannot quite say the same concerning American piracy, and indeed it +might be thought disrespectful to our ancestors--or predecessors, for +pirates mostly died young and left few descendants--but at least it +will be conceded that piracy at times flourished in American waters, +that not a few of the pirates and of those on shore who received their +goods and otherwise aided them were Americans, that their activities +had an important influence on the development of American commerce, +and that documents relative to piracy make interesting reading. + +It is a matter for regret and on the editor's part for apology, that +the book should have been so long in preparation. Work on it was begun +prosperously before our country was engaged in war, but the "spare +time" which the editor can command, always slight in amount, was much +reduced during the period of warfare. Moreover, the Society, very +properly, determined that, so long as war continued, the publication +of their volumes and the expenditures now attendant upon printing +ought to be postponed in favor of those patriotic undertakings, +especially for the relief of suffering, which have made their name +grateful to all lovers of the Navy and in all places where the +_Comfort_ and the _Mercy_ have sailed. + +It may be objected against the plan of this book, that privateering +and piracy should not be conjoined in one volume, with documents +intermingled in one chronological order, lest the impression be +created that piracy and privateering were much the same. It is true +that, in theory and in legal definition, they are widely different +things and stand on totally different bases. Legally, a privateer is +an armed vessel (or its commander) which, in time of war, though +owners and officers and crew are private persons, has a commission +from a belligerent government to commit acts of warfare on vessels of +its enemy. Legally, a pirate is one who commits robbery or other acts +of violence on the sea (or on the land through descent from the sea) +without having any authority from, and independently of, any organized +government or political society. (Fighting and bloodshed and murder, +it may be remarked by the way, though natural concomitants of the +pirate's trade, are not, as is often supposed, essentials of the crime +of piracy.) But wide as is the legal distinction between the +authorized warfare of the privateer and the unauthorized violence of +the pirate, in practice it was very difficult to keep the privateer +and his crew, far from the eye of authority, within the bounds of +legal conduct, or to prevent him from broadening out his operations +into piracy, especially if a merely privateering cruise was proving +unprofitable. Privateering was open to many abuses, and it was not +without good reason that the leading powers of Europe, in 1856, by the +Declaration of Paris, agreed to its abandonment. + +The object of the following collection of documents is not to give the +whole history of any episode of piracy or of the career of any +privateer, but rather, by appropriate selection, to illustrate, as +well as is possible in one volume, all the different aspects of both +employments, and to present specimens of all the different sorts of +papers to which they gave rise. Nearly all the pieces are documents +hitherto unprinted, but a few that have already been printed, mostly +in books not easy of access, have been included in order to round out +a story or a series. The collection ends with the termination of the +last colonial war in 1763. Presented in chronological order, it may +have a casual, as it certainly has a miscellaneous, appearance. But +variety was intended, and on closer inspection and comparison the +selection will be seen to have a more methodical character than at +first appears, corresponding to the systematic procedure followed in +privateering, in prize cases, and in trials for piracy. + +On the outbreak of war in which Great Britain was involved, it was +customary for the King to issue a commission to the Lord High Admiral +(or to the Lords of the Admiralty appointed to execute that office) +authorizing him (or them) to empower proper officials, such as +colonial governors, to grant letters of marque, or privateering +commissions, to suitable persons under adequate safeguards.[1] The +Lords of the Admiralty then issued warrants to the colonial governors +(see doc. no. 127), authorizing them to issue such commissions or +letters of marque. A specimen American privateering commission may be +seen in doc. no. 144; a Portuguese letter of marque, and a paper by +which its recipient purported to assign it to another, in docs. no. 14 +and no. 15. Royal instructions were issued to all commanders of +privateers (doc. no. 126), and each was required to furnish, or +bondsmen were required to furnish on his behalf, caution or +security[2] for the proper observance of these instructions and the +payment of all dues to the crown or Admiralty. Relations between the +commander and the crew, except as regulated by the superior authority +of these instructions and of the prize acts or other statutes, were +governed by the articles of agreement (doc. no. 202) signed when +enlisting. + +[Footnote 1: See R.G. Marsden in _English Historical Review_, XXI. +251-257, and a commission in Rymer's _Foedera_, XVIII. 12.] + +[Footnote 2: Specimen (1762) in Anthony Stokes, _A View of the +Constitution of the British Colonies_ (London, 1783), pp. 315-317.] + +These were the essential documents of a privateering voyage. There +would probably be also accounts for supplies, like John Tweedy's very +curious bill for medicines (doc. no. 158), and accounts between crew +and owners (doc. no. 146), and general accounts of the voyage (doc. +no. 159). There might be an agreement of two privateers to cruise +together and divide the spoil (doc. no. 160). There might even be a +journal of the whole voyage, like the extraordinarily interesting +journal kept on the privateer _Revenge_ by the captain's +quartermaster in 1741 (doc. no. 145), one of the very few such +narratives preserved. Other documents of various kinds, illustrating +miscellaneous incidents of privateering, will be found elsewhere in +the volume. + +Both privateers and naval vessels belonging to the government made +prize of ships and goods belonging to the enemy, but many questions +were certain to arise concerning the legality of captures and +concerning the proper ownership and disposal of ships and goods. Hence +the necessity for prize courts, acting under admiralty law and the law +of nations. The instructions to privateers required them (see doc. no. +126, section III.) to bring captured ships or goods into some port of +Great Britain or her colonial dominions, for adjudication by such a +court. In England, it was the High Court of Admiralty that tried such +cases. At the beginning of a war, a commission under the Great +Seal,[3] addressed to the Lords of the Admiralty, instructed them to +issue a warrant to the judge of that court, authorizing him during the +duration of the war to take cognizance of prize causes. After 1689, it +was customary to provide for trial of admiralty causes in colonial +ports by giving to each colonial governor, in addition to his +commission as governor, a commission as vice-admiral. Before 1689, +this was done in a few instances, chiefly of proprietary colonies, the +earliest such instance being that exhibited in our doc. no. 1; but in +the case of colonies having no royal governor (corporation colonies) +we find various courts in that earlier period exercising admiralty +jurisdiction (docs. no. 8, no. 25, no. 48, and no. 105, note 1). From +Queen Anne's reign on (doc. no. 102), jurisdiction in prize causes was +conferred, as in the case of the judge of the High Court of Admiralty +in London, by warrant (doc. no. 182) from the Lord High Admiral or +Lords of the Admiralty pursuant to the commission issued to them, as +stated above, at the beginning of the war. In doc. no. 116 we see the +judge of the High Court of Admiralty expressing the belief that it +would be better if all prizes were brought to his court in London for +adjudication, but the inconvenience would have been too great. + +[Footnote 3: Such a commission (1748) is printed in R.G. Marsden, _Law +and Custom of the Sea_ (Navy Records Society), II. 279, and another +(1756) in Stokes, p. 278.] + +The governor's commission as vice-admiral, issued (after 1689, at any +rate) under the great seal of the High Court of Admiralty, gave him +authority to hold an admiralty court in person. Often the governor was +not well fitted for such work, though not often so frank as Sir Henry +Morgan (doc. no. 46, note 1) in admitting his deficiencies. As +admiralty business increased, it became customary to appoint admiralty +judges to hold vice-admiralty courts in individual colonies, or in +groups of colonies. Sometimes, especially in the earlier period, they +were commissioned by the governor of the colony acting under a warrant +from the Lords of the Admiralty (doc. no. 69) empowering him so to do; +more often they were commissioned directly by those lords, under the +great seal of the Admiralty. Doc. no. 180 is a commission of the +former sort, doc. no. 181 of the latter. When war broke out, authority +to try prize cases was conveyed, as above, to the vice-admiral, the +vice-admiralty judge, and their deputies. + +In the trial of a prize case, the first essential document was the +libel (docs. no. 99, no. 128, no. 165, no. 184, and no. 188), by which +claim was laid to ship or goods. Witnesses were examined, chiefly by +means of the systematic series of questions called standing +interrogatories (doc. no. 183). Their testimony, taken down in written +depositions, constitutes much the largest class of documents in this +volume. Most narratives of privateering or of piracy are found in the +form of depositions. Reports of trials, embracing proceedings and +documents and testimony, are found in docs. no. 128, no. 143, and no. +165; sentences or decrees of the judge in docs. no. 143, no. 150, and +no. 155; inventories of prizes in docs. no. 33 and no. 161; an account +of sales in doc. no. 186. + +If a party to a prize appealed from the sentence of the vice-admiralty +court (docs. no. 151 and no. 196), he was required to give bond (doc. +no. 152) for due prosecution of the appeal in England. From 1628 to +1708 such appeals were heard by the High Court of Admiralty; after +1708 they went to a body of privy councillors specially commissioned +for the purpose, called the Lords Commissioners of Appeal in Prize +Causes (see doc. no. 151, note 1). A specimen of a decree of that +tribunal reversing the sentence of a colonial vice-admiralty court is +in doc. no. 195.[4] + +[Footnote 4: For a report of these commissioners _approving_ the +sentence of the court below, see Stokes, pp. 325-326.] + +Piracy being from its very nature a less formal proceeding than +privateering, there are fewer formal documents to present as essential +to its history. In the seventeenth century, there are instances of +trials for piracy by various courts: _e.g._, the Court of Assistants +in Massachusetts in 1675 (doc. no. 41, note 1) and the Massachusetts +Superior Court in 1694 (doc. no. 56, note 2). But the regular method, +which came to prevail, was trial by special commissions appointed for +the purpose, similar to those which were appointed for the trial of +pirates in England by virtue of the statute 28 Henry VIII. c. 15 +(1536). We have such a colonial commission, appointed by the governor, +in doc. no. 51 (1683). In 1700 the statute 11 and 12 William III. c. 7 +extended to the plantations the crown's authority to appoint such +commissions (see docs. no. 104, note 1, no. 106, note 1, and no. 201). +A curious signed agreement to commit piracy will be found in doc. no. +50; indictments for that crime in docs. no. 56, no. 119, and no. 120; +partial records of trials in docs. no. 112, no. 113, and nos. 119-122. +A full account of an execution, explicit enough to satisfy the most +morbid curiosity, is presented in doc. no. 104. Nos. 123 and 124 are +formal bills for the execution, the digging of the graves, and the +cheering drams which the executioners found needful after their grisly +work. + +But if American colonial piracy presents a smaller array of legal +documents than American colonial privateering, it makes up for it by +its rich abundance of picturesque narrative and detail. The pieces +here brought together show us piracy off Lisbon and in the East Indies +and at Madagascar, at Portobello and Panama and in the South Sea, in +the West Indies, and all along the Atlantic coast from Newfoundland +to the coast of Guiana. They exhibit to us every relation from that of +the most innocent victim to that of the most hardened pirate chief. +They make it clear how narrow was sometimes the line that divided +piracy and privateering, and how difficult it must have been to learn +the truth from witnesses so conflicting and of such dubious +characters, testifying concerning actions of lawless men in remote +seas or on lonely shores. + +Most of the pirates famed in story, who had anything to do with +colonial America, appear in one way or another in these papers. On the +history of Henry Every, for instance, and even on the oft-told tale of +William Kidd, not a little new light is cast. Kidd's letters from +prison, the letter and petitions of his wife, the depositions of +companions, the additional letters of Bellomont, make the story live +again, even though no new evidence appears that is perfectly +conclusive as to the still-debated question of his degree of guilt. +The wonderful buccaneering adventures of Bartholomew Sharp and his +companions, 1680-1682, at the Isthmus of Panama and all along the west +coast of South America, are newly illustrated by long anonymous +narratives, artless but effective. And indeed, to speak more +generally, it is hoped that there are few aspects of the pirate's +trade that are not somehow represented in these pages. + +At least it will not be denied that the documents, whether for piracy +or for privateering, show a considerable variety of origins. Their +authors range from a Signer of the Declaration of Independence to an +Irishwoman keeping a boarding-house in Havana, from a minister of +Louis XIV. or a judge of the High Court of Admiralty to the most +illiterate sailor, from Governor John Endicott, most rigid of +Puritans, to the keeper of a rendezvous for pirates and receiver of +their ill-gotten goods. Witnesses or writers of many nationalities +appear: American, Englishmen, Scots, Irishmen, Frenchmen, Dutchmen, +Spaniards, a Portuguese, a Dane or Sleswicker, a Bohemian, a Greek, a +Jew. The languages of the documents are English, French, Dutch, +Spanish, Portuguese, and Latin. Though none of them are in German or +by Germans, not the least interesting pieces in the volume are those +(docs. no. 43, no. 48, and no. 49) which show a curious connection of +American colonial history with the very first (and characteristically +illegal and unscrupulous) exploits of the Brandenburg-Prussian navy. + +The range of repositories from which the documents have been procured +is also considerable. Many were found in the state archives of +Massachusetts, many in the files of the Supreme Judicial Court for +Suffolk County, many in the collections of the Massachusetts +Historical Society, others in the archives of Rhode Island and New +York, in the office of the surrogate of New York City, and in the New +York Public Library. A very important source of material, +indispensable indeed for certain classes of document, was the records +and papers of the vice-admiralty courts of the colonial period. +Extensive portions still remain in the case of four of these courts, +at Boston, New York, Philadelphia, and Charleston (see the first +foot-notes to docs. no. 126, no. 184, no. 165, and no. 106, +respectively). A large number of the documents, larger indeed than +from any other repository but one, were drawn from the inexhaustible +stores of the Public Record Office in London, namely, from the +Admiralty and Colonial Office Papers. Others came from the Privy +Council Office; a few, but among them two of the longest and most +interesting, from among the Sloane and Harleian manuscripts in the +British Museum; one whole group from the Rawlinson manuscripts in the +Bodleian Library at Oxford. Three of the Kidd documents were obtained +from among the manuscripts of the Duke of Portland at Welbeck Abbey. +Several of the pieces, and a number of lesser extracts used in +annotations, were taken from colonial newspapers, and two from printed +books not often seen. + +Archivists and librarians have assisted the editor with their +customary and never-failing kindness. It is a pleasure to express his +gratitude to Mr. J.J. Tracy and Mr. John H. Edmonds, former and +present archivists of Massachusetts, Mr. Herbert O. Brigham of the +Rhode Island archives, Mr. A.J.F. van Laer and Mr. Peter Nelson of +those of New York; to Mr. Worthington C. Ford and Mr. Julius H. +Tuttle of the Massachusetts Historical Society; to Hon. Charles M. +Hough, judge of the United States Circuit Court in New York; to Miss +C.C. Helm of his office; to the late Miss Josephine Murphy, custodian +of the Suffolk Files; to Miss Mabel L. Webber, secretary and librarian +of the South Carolina Historical Society; to Mr. Victor H. Paltsits of +the New York Public Library; to Rev. Richard W. Goulding, librarian to +the Duke of Portland; and to the authorities of the Public Record +Office, the Privy Council Office, the British Museum, and the Bodleian +Library. Special thanks are due to the officials of three libraries in +which the work of annotation was mostly done--the Library of Congress, +that of the Massachusetts Historical Society, and that of Bowdoin +College. On a few nautical points the editor had the advice of his old +friend the late Captain Charles Cate of North Edgecomb, Maine. And +especially he has to thank the chairman of the Committee on +Publication, Mrs. Charles E. Rieman, for her interest in the work and +for the exemplary patience with which she has borne the delays in its +completion. + +It is perhaps needless to say that the spelling of the originals has +been carefully preserved; it is hoped that it would not be thought to +be that of the editor. The punctuation of the originals has not been +deemed equally sacred. In general, it has been reproduced, but where +small alterations would make the sense clear to the modern reader but +could not change it, or where that same effect would be produced by +introducing punctuation-marks, which writers nearly illiterate often +omitted entirely, it has seemed the part of good sense to make +reading-matter readable. Also, names of vessels have been uniformly +italicized even when not underscored in the original manuscripts. +Dates previous to 1752 are old-style dates unless, as in the case of +Dutch or French documents, new style is indicated. + +J. FRANKLIN JAMESON. + +Washington, October 19, 1923. + + + + +CONTENTS + + + PAGE +PROVIDENCE ISLAND + + 1. Commission from the Providence Island Company to + Governor Nathaniel Butler as Vice-Admiral. Apr. + 23, 1638 1 + + 2. Governor Nathaniel Butler, "Diary of My Present + Employment". Feb.-Mar., 1639 3 + + +_LA GARCE_ + + 3. Articles of Copartnership in New Netherland Privateering. + Dec. 4 (N.S.), 1646 9 + + 4. Articles of Copartnership between Augustin Herrman + and Wyllem Blawfelt. Dec. 4 (N.S.), 1646 11 + + 5. Affidavit: the Capture of the _Tabasco_. July 25 + (N.S.), 1649 13 + + 6. Affidavit of Antonio Leon and Fyck Herry. Sept. + 27 (N.S.), 1649 14 + + +THE _HOLY GHOST_ + + 7. Declaration of the Massachusetts Council. July 20, + 1653 17 + + 8. Declaration of Governor Endicott. Aug. (?), 1653 18 + + 9. Deposition of Matthew Hill. Oct. (?), 1653 20 + + 10. Deposition of Francis Blackman and John Dukley. + Oct. (?), 1653 20 + + 11. Letter of Governor Searle of Barbados. Nov. 4, 1653 21 + + 12. Order of the Massachusetts Council. Jan. 25, 1654 24 + + 13. Vote of the Massachusetts House of Deputies. June + 10, 1654 25 + + +THE _BLUE DOVE_ + + 14. Portuguese Commission (Letter of Marque) to + Charles de Bils. Feb. 10 (N.S.), 1658, Sept. 10, + 1662 27 + + 15. Commission from de Bils to John Douglas. Sept. + 20 (N.S.), 1662 29 + + 16. Deposition of William Browne. June 24, 1664 30 + + 17. Deposition of Marcus Claesz. June 24, 1664 30 + + 18. Deposition of Bartholomew Martin. June 24, 1664 31 + + 19. Commission to James Oliver and Others. July 16, + 1664 32 + + 20. Deposition of Daniel Sprague. July (?), 1664 33 + + 21. Deposition of William Browne. July 25, 1664 35 + + 22. Deposition of Robert Lord. July 26, 1664 36 + + 23. Deposition of John Hunter. July 26, 1664 37 + + 24. Deposition of Charles Hadsall. July 27, 1664 39 + + 25. Petition of John Douglas. Aug., 1664 41 + + 26. Plea of John Douglas. (Aug. 8?), 1664 42 + + 27. Power of Attorney from Sir William Davidson. Sept. + 13, 1664 44 + + +THE _PROVIDENCE_ + + 28. Certificate of Cornelius de Lincourt. Apr. 12/22, + 1673 46 + + 29. Deposition of John Johnson and Henry Harris. Apr. + 26, 1673 48 + + 30. Petition of Edward Bant. About Apr. 28, 1673 48 + + 31. Order of the Suffolk County Court. Apr. 29, 1673 50 + + 32. Petition of Henry King. Apr. 30, 1673 50 + + 33. Inventory of the _Providence_. May 5, 1673 51 + + 34. Examination of John Johnson. May 5, 1673 61 + + 35. Declaration of Edward Bant and Others. May 8, + 1673 62 + + 36. Declaration of Henry King and John Champion. + May 8, 1673 64 + + 37. Petition of Thomas Raddon. June 10, 1673 67 + + +THE _ST. ANTHONY_ + + 38. Examination of John Tooly. June 17, 1673 68 + + 39. Examination of William Forrest. Oct. 20, 1673 71 + + 40. Petition of Allwin Child. Oct. 24, 1673 72 + + +CASE OF RODRIGUEZ AND RHODES + + 41. Declaration of Thomas Mitchell. May 24, 1675 74 + + 42. Declaration of Edward Youreing. May 24, 1675 76 + + +BRANDENBURG PRIVATEERS + + 43. Seignelay to Colbert. May 8 (N.S.), 1679 82 + + +BARTHOLOMEW SHARP AND OTHERS + + 44. The Buccaneers at Portobello. 1680 84 + + 45. The Buccaneers on the Isthmus and in the South Sea. + 1680-1682 92 + + 46. Sir Henry Morgan to Sir Leoline Jenkins. Mar. 8, + 1682 133 + + 47. Deposition of Simon Calderon. 1682 135 + + +THE _SALAMANDER_ + + 48. Petition of Paul Sherrett and Claes Pietersen. Aug. + 2, 1681 138 + + 49. Deposition of Samuel Button. Aug. 11, 1681 140 + + +THE _CAMELION_ + + 50. Agreement to Commit Piracy. June 30, 1683 141 + + 51. Court for the Trial of Piracy: Commission. Sept. + 15, 20, 1683 143 + + +CASE OF WILLIAM COWARD + + 52. William Coward's Plea. 1690 145 + + +CASE OF BENJAMIN BLACKLEDGE + + 53. Declaration of Jeremiah Tay and Others. Mar., + 1691 (?) 147 + + 54. Deposition of Epaphras Shrimpton. July, 1694 (?) 149 + + 55. Deposition of Jeremiah Tay. July 6, 1694 150 + + 56. Indictment of Benjamin Blackledge. Oct. 30, 1694 151 + + * * * * * + + 57. Deposition of Thomas Larimore. Oct. 28, 1695 152 + + +CASE OF HENRY EVERY + + 58. Petition of the East India Company. July, 1696 153 + + 59. Extract, E.I. Co. Letter from Bombay. May 28, + 1695 155 + + 60. Abstract, E.I. Co. Letters from Bombay. Oct. 12, + 1695 156 + + 61. Letter from Venice. May 25, 1696 159 + + 62. Abstract, Letters from Ireland. June 16-July 7, 1696 160 + + 63. Examination of John Dann. Aug. 3, 1696 165 + + 64. Affidavit of Philip Middleton. Nov. 11, 1696 171 + + 65. Deposition of Samuel Perkins. Aug. 25, 1698 175 + + 66. Certificate for John Devin (Bahamas). Sept. (?) + 20, 1698 178 + + 67. Certificate for John Devin (Massachusetts). Oct. + 25, 1698 179 + + 68. Deposition of Adam Baldridge. May 5, 1699 180 + + * * * * * + + 69. Warrant for Commissioning of Admiralty Judge. + Apr. 29, 1697 187 + + 70. Proclamation of Lieut.-Gov. Stoughton. June 4, 1698 188 + + +CASE OF WILLIAM KIDD + + 71. Deposition of Benjamin Franks. Oct. 20, 1697 190 + + 72. The President and Council of the Leeward Islands + to Secretary Vernon. May 18, 1699 195 + + 73. Examination of Edward Buckmaster. June 6, 1699 197 + + 74. Deposition of Theophilus Turner. June 8, 1699 200 + + 75. Memorial of Duncan Campbell. June 19, 1699 202 + + 76. Narrative of William Kidd. July 7, 1699 205 + + 77. Lord Bellomont to the Board of Trade. July 8, 1699 213 + + 78. Petition of Sarah Kidd. July 16 (?), 1699 218 + + 79. Narrative of John Gardiner. July (17), 1699 220 + + 80. Sarah Kidd to Thomas Payne. July 18, 1699 223 + + 81. Petition of Sarah Kidd. July 25, 1699 224 + + 82. Lord Bellomont to the Board of Trade. July 26, + 1699 224 + + 83. The Danish Governor of St. Thomas to Lord Bellomont. + Sept. 1, 1699 232 + + 84. Declaration of William Kidd. Sept. 4, 1699 236 + + 85. Lord Bellomont to the Board of Trade. Nov. 29, + 1699 237 + + 86. Information of Henry Bolton. Feb. 4, 1701 245 + + 87. William Kidd to the Speaker of the House of Commons + (Robert Harley). Apr. (?), 1701 250 + + 88. William Kidd to Robert Harley (?). May 12, 1701 252 + + 89. _Captain Kid's Farewel to the Seas; or, The Famous + Pirate's Lament._ 1701 253 + + +THE _FIDELIA_ + + 90. Examination of William Sims. Oct. 22, 1699 257 + + +_LA PAIX_ + + 91. Orders of Governor Nicholson to County Officers. + Apr. 28, 1700 259 + + 92. Deposition of William Fletcher. May 2, 1700 262 + + 93. Charles Scarburgh to Governor Nicholson. May + 3, 1700 264 + + 94. John and Adam Thorowgood to Captain Passenger. + May 3, 1700 266 + + 95. Benjamin Harrison, jr., to Governor Nicholson. May + 4, 1700 267 + + 96. Governor Nicholson to Captain Passenger. May 4, + 1700 268 + + 97. William Wilson to Governor Nicholson. May 5, + 1700 269 + + 98. Captain Michael Cole to William Wilson. May 5, + 1700 270 + + 99. Libel by Captain William Passenger. May 11, 1700 271 + +100. Deposition of William Woolgar and Others. (June + 11, 1700) 272 + +101. Deposition of Joseph Man. (June 11, 1700) 273 + + * * * * * + +102. Report of Dr. George Bramston. Nov. 27, 1702 275 + + +PRIVATEERS AT MARTINIQUE + +103. Letter to _Boston News Letter_. May 8, 1704 276 + + +CASE OF JOHN QUELCH AND HIS FELLOW PIRATES + +104. Account of their Execution. June 30, 1704 278 + + * * * * * + +105. Deposition of Paul Dudley. Aug. 15, 1705 285 + +106. Commission for Trial of Piracy. Nov. 1, 1716 286 + + +THE PIRATES OF THE _WHIDAH_ + +107. Cyprian Southack to Governor Samuel Shute. May + 5 (?), 1717 290 + +108. Examination of John Brown. May 6, 1717 293 + +109. Deposition of Thomas FitzGerald and Alexander + Mackonochie. May 6, 1717 296 + +110. Cyprian Southack to Governor Samuel Shute. May + 8, 1717 299 + +111. Deposition of Ralph Merry and Samuel Roberts. + May 11, 16, 1717 301 + +112. Trial of Simon van Vorst and Others. (Oct.), 1717 303 + +113. Trial of Thomas Davis. Oct. 28, 1717 307 + +114. Memorial of Thomas Davis. 1717 309 + +115. Petition of William Davis. 1717 311 + + +PRIZE COURTS + +116. Sir Henry Penrice to the Secretary of the Admiralty. + Nov. 29, 1718 312 + + +PIRACY OF BARTHOLOMEW ROBERTS + +117. EXTRACT FROM THE _BOSTON NEWS-LETTER_. AUG. 22, 1720 313 + + +ADMIRALTY COURTS + +118. John Menzies to the Secretary of the Admiralty. + July 20, 1721 318 + + +CASES OF JOHN ROSE ARCHER AND OTHERS + +119. Trial of John Fillmore and Edward Cheesman. May + 12, 1724 323 + +120. Trial of William Phillips and Others. May 12, 1724 330 + +121. Trial of William White, John Rose Archer, and William + Taylor. May 13, 1724 338 + +122. Trial of John Baptis and Peter Taffery. May 13, + 1724 342 + +123. Bill of Robert Dobney. June 2, 1724 344 + +124. Bill of Edward Stanbridge. June 2, 1724 345 + + * * * * * + +125. Petition of Nicholas Simons. May, 1725 346 + +126. Instructions of George II. to Captains of Privateers. + Nov. 30, 1739 347 + +127. (Draft of) Warrant to Governors to issue Letters of + Marque. Apr. 26, 1740 355 + + +DUMARESQ _vs._ THE _AMSTERDAM POST_ + +128. Record of the Admiralty Court, and Libel. July 23, + Aug. 30, 1740 356 + +129. Sea-letter of the _Amsterdam Post_. Sept. 22, 1739 + (N.S.) 364 + +130. Let-pass of the _Amsterdam Post_. Sept. 23, 1739 + (N.S.) 365 + +131. Tonnage Certificate of the _Amsterdam Post_. Sept. + 24, 1739 (N.S.) 365 + +132. Aeneas Mackay's Oath as a Burgher of Amsterdam. + Sept. 16, 1739 (N.S.) 366 + +133. Lease to Aeneas Mackay. Oct. 2, 1739 (N.S.) 366 + +134. Certificates of Master and Mate and Register. Oct. + 8, 1739 (N.S.) 367 + +135. Extract from Capt. Mackay's Journal. Nov. 14, 1739 368 + +136. Protest of Capt. Mackay. Nov. 15, 1739 369 + +137. Extract from Capt. Mackay's Journal. Nov. 16, 1739 370 + +138. Certificate of Clearance. Dec. 4, 1739 370 + +139. Declarations of Sailors. 1740 371 + +140. Certificate of British Consul in Madeira. Mar. 9, + 1740 (N.S.) 372 + +141. Receipt for Mediterranean Pass. May 29, 1740 + (N.S.) 373 + +142. Certificate of British-Dutch Vice-Consul in Teneriffe. + Apr. 26, 1740 (N.S.) 373 + +143. Sentence of Admiralty Judge. Sept. 1, 1740 375 + + +THE _REVENGE_ + +144. Commission of Capt. Benjamin Norton as a Privateer. + June 2, 1741 378 + +145. Journal of the Sloop _Revenge_. June 5-Oct. 5, 1741 381 + +146. Account of the Crew with the Owners. Oct. 30, 1741 429 + +147. Petition and Complaint of John Freebody. Nov. 5, + 1741 431 + +148. Deposition of Jeremiah Harriman. Nov. 25, 1741 434 + +149. Deposition of Thomas Smith. Nov. 30, 1741 436 + +150. Decree of Vice-Admiralty Judge. Dec. 7, 1741 439 + +151. Appeal in Prize Case. Dec. 8, 1741 442 + +152. Bond for Appeal in Prize Case. Dec. 19, 1741 443 + +153. Case (Freebody _c. Sarah_) and Opinions of Civilians, + May 17, July 10, 1742 444 + +154. Letters to Owner from London Agents. June 10, + July 17, 1742 448 + +155. Decree of Vice-Admiralty Judge. July 7, 1742 450 + +156. Letters to Owner from London Agents. July 27, + Aug. 13, 1742, Feb. 16, 1743 451 + +157. Account rendered by a Proctor in London. Feb. 10, + 1744 453 + +158. John Tweedy's Bill for Medicines. Nov. 8, 1743 456 + +159. Account for the _Revenge_. June, 1744 461 + +160. Agreement: The _Revenge_ and the _Success_. Nov. 10, + 1744 463 + +161. Inventory and Appraisement of the Prize _Willem_. + June 8, 1745 465 + +162. A Proctor's Account. 1745 468 + +163. A List of Gunner's Stores 470 + +164. Suggestions as to plundering Hispaniola 471 + + +THE _PRINCESS OF ORANGE_ + +165. Record of Trial (Libel, Bill of Sale, Owner's Letter, + Bills of Lading, Declaration, Affidavit, Portledge + Bill, Depositions). June 11, 1741 473 + + +THE _YOUNG EAGLE_ + +166. Petition of John Jones. Dec. 30, 1741 492 + + +THE _HAWK_ + +167. Vote of Privateering Crew. June 29, 1744 494 + +168. Petition of William Ward. 1744 495 + +169. Deposition of John Flood and Zechariah Foss. Aug. + 3, 1744 496 + +170. Testimony concerning William Ward. Aug. 4, 1744 498 + +171. Protest of Sailors. Aug. 13, 1744 499 + +172. Petition of Henry Johnson. Aug. 27, 1744 501 + + +THE _LEWIS JOSEPH_ AND THE _ST. ANNE_ + +173. Deposition of Jacques Piegnon. Jan. 24, 1745 502 + + +THE _APOLLO_ + +174. Deposition of John Brown. Aug. 2, 1745 506 + +175. Deposition of Diego de Prada y Nieto. Aug. 2, 1745 508 + + +THE _PRINCE CHARLES OF LORRAINE_ + +176. Deposition of Benjamin Munro and William Kipp. + Apr. 23, 1746 510 + +177. Deposition of Daniel Vaughan. Sept. 1, 1746 513 + + +THE _ELIZABETH_ + +178. Deposition of William Dunbar. May 7, 1747 514 + + * * * * * + +179. Petition of Edward Winter. May, 1749 516 + +180. Commission of a Vice-Admiralty Judge. Sept. 23, + 1752 517 + +181. Commission of a Vice-Admiralty Judge. June 16, + 1753 519 + +182. Warrant to try Prizes. June 5, 1756 524 + +183. Standing Interrogatories. 1756 525 + + +_LA VIRGEN DEL ROSARIO Y EL SANTO CRISTO DE BUEN VIAGE_ + +184. Libel of Richard Haddon. Mar. 9, 1757 529 + +185. Deposition of Francisco Raphe. Mar. 31, 1757 533 + +186. Account of Sales. July 26, 1757 534 + +187. Deposition of Don Felipe Ybanez. Sept. 2, 1758 535 + +188. Libel of Felipe Ybanez. Sept. 27, 1758 542 + +189. Certificate of Captain-General Cagigal. Nov. 4, 1758 554 + +190. Deposition of William Haddon. Nov. 16, 1759 556 + +191. Declaration of Don Geronimo de Medrano. Nov. + 19, 1759 560 + +192. Declaration of Don Joseph de la Vega. Nov. 19, 1759 561 + +193. Declaration of Domingo de Armas. Nov. 20, 1759 563 + +194. Declaration of Elizabeth Berrow. Nov. 22, 1759 564 + +195. Reversal of Sentence by Appellate Court. Dec. 19, + 1760 567 + +196. Appeal of Miller and Simpson. July 7, 1761 569 + + +THE _DAGEROED_ + +197. Bill of Health. Nov. 9, 1757 570 + + * * * * * + +198. News of Privateers. May 19, 1757 571 + +199. Letter of William Smith, jr. Apr. 8, 1757 573 + +200. Letter of Stephen Hopkins. Jan. 15, 1759 575 + +201. Notes on Commissions for Trying Pirates. Mar. 10, + 1762, Aug. 26, 1772 577 + +202. Articles of Agreement; the _Mars_. June 23, 1762 581 + +203. Certificate of a Negro's Freedom. June 26, 1762 586 + + + + +PRIVATEERING AND PIRACY +IN THE COLONIAL PERIOD + + + + +PROVIDENCE ISLAND. + + +_1. Commission from the Providence Island Company to Governor +Nathaniel Butler as Vice Admiral. April 23, 1638._[1] + +[Footnote 1: Public Record Office of Great Britain, C.O. 124:1, p. +118. This document and the next take us back to an almost-forgotten +colonial experiment of the English Puritans, contemporary with their +undertakings in New England but far removed from them in locality. Old +Providence Island--to be distinguished from New Providence (Nassau) in +the Bahamas--is an isolated little island in the western Caribbean +lying off the coast of Nicaragua. It now belongs to Colombia, and is +often called Santa Catalina. In 1630 a company of English investors, +desiring to found a Puritan colony, and also to oppose Spain in the +Caribbean, obtained from Charles I. a patent for a large area +including Providence and other islands. John Pym was their leading +member. The history of their colony is interestingly recounted in +Professor A.P. Newton's _The Colonizing Activities of the English +Puritans_ (New Haven, 1914). The colony became merely a base for +privateering against the Spaniards, who conquered and suppressed it in +1641. Thomas Gage, who passed by the island in a Spanish ship in 1637, +says, "The greatest feare that I perceived possessed the Spaniards in +this Voyage, was about the Island of Providence, called by them Sta. +Catarina or St. Catharine, from whence they feared lest some English +Ships should come out against them with great strength. They cursed +the English in it, and called the Island the den of theeves and +Pirates." _The English American, or A New Survey of the West-India's_ +(London, 1648), p. 199. For the whole matter of West Indian +buccaneering, see Miss Violet Barbour's article, "Privateers and +Pirates of the West Indies", in the _American Historical Review_, XVI. +529-566.] + +Commission to Captain Butler[2] for the Admiraltie of the Island. + +[Footnote 2: Nathaniel Butler, third governor of Providence Island, +sent out with a considerable expedition in April, 1638, had earlier +been governor of Bermuda and then a member of the royal council for +Virginia.] + +To all to whome theis presents shall come, we the Governor and Company +etc. send greetinge. Wheras our gracious Soveraigne Lord King Charles +hath by his Letters patent bearing date the 4th day of December in the +6th yeare of his Raigne,[3] for himselfe, his heires and successors, +given and graunted to us and our successors, assignes and deputies for +ever All Admirall rights, benefits and jurisdiccions and likewise all +priviledges and Comodityes to the said Admirall jurisdiccion in any +wise appertayneinge or belonging, in and upon the seas rivers and +Coastes of the Island of Providence, Henrietta[4] and all other +Islands within the Limits of his Majestys grant to us made and everie +or any of them within 40 Leagues of any the said Islands and in and +upon all other Rivers and Creekes within the said Limits, And likewise +power to hold and determine all manner of Causes and pleas for and +Concerning the same,[5] Now know ye that we the said Governor and +Company confiding in the Fidelitie and Judgment of Captain Nathaniel +Butler, now bound in a voyage to the Island of Providence, have +elected, Constituted and deputed and doe hereby elect, constitute and +depute the said Captain Nathaniel Butler, to be Admirall of the said +Island of Providence, Hereby giveing and graunting to the said Captain +Nathaniel Butler full power and authority to doe and execute (with the +advise of the Counsell of warre which shall from time to time be +established by us in the said Island) all matters and things +concerning the said place of Admirall according to the Instruccions +that we or our successors shall from time to time give and direct for +and Concerning the execucion thereof, Nevertheless reserving to our +selves all such Admirall duties as shall be payable and accomptable +for or in respect of the same, other then[6] such priviledges and +benefits as shall upon agreement betweene us and the said Captain +Butler be assigned and appropriated to him, To have, hould and +exercise the said place of Admirall of the said Island untill we shall +otherwise dispose of the same. And we do require all persons +whatsoever from time to time resideing in the said Island that shall +at any tyme abide or be in the harbours, ports or Creeks of the same, +to yeild and give all due obedience and respect to the lawfull +Commands of the said Captain Butler as Admirall of the said Island, as +they will answer the Contrary at their perills. Given under our Common +Seale this 23th day of Aprill In the XIIII yeare of the raigne of our +Soveraigne Lord Charles, by the grace of God King of England, +Scotland, France and Ireland, Defendor of the Faith, etc. And in the +yeare of our Lord God 1638. + +[Footnote 3: December 4, 1630. The patent is summarized by Newton, pp. +86-90, and the part conferring admiralty rights is printed in R.G. +Marsden, _Law and Custom of the Sea_ (Navy Records Society), I. +470-472.] + +[Footnote 4: Henrietta lay some sixty miles southwest of Providence.] + +[Footnote 5: A very exceptional grant of power, including the right to +grant letters of marque. R.G. Marsden, "Early Prize Jurisdiction and +Prize Law in England," in _English Historical Review_, XXV. 257.] + +[Footnote 6: Than.] + +H. DARLEY, Deputy.[7] RO. WARWICK. +W. SAY AND SEALE. E. MANDEVILLE. +RO. BROOK. JO. PYM. JO. GOURDEN. + +[Footnote 7: The signers are as follows. Henry Darley, deputy +treasurer, a Yorkshire squire, was a conspicuous Puritan and an +intimate friend of Pym. Robert Rich (1587-1658), second earl of +Warwick, afterward a chief leader of the Puritans in the Civil War, +and lord high admiral under Parliament, had before this been +conspicuous in privateering and colonial ventures, and president of +the Council for New England. Viscount Saye and Sele (1582-1662) and +Lord Brooke (1608-1643), eminent Puritan and Parliamentarian lords, +are best known in American history as patentees of the Saybrook +colony, but were much more deeply interested in the Providence Island +venture. Edward viscount Mandeville (courtesy title borne until his +father's death in 1642) is better known as the second earl of +Manchester (1602-1671), the celebrated Parliamentarian general. John +Pym needs no identification. John Gourdon or Gurdon was an East +Anglian squire, neighbor of John Winthrop of Groton.] + + +_2. Governor Nathaniel Butler, "Diary of my Present Employment". +February-March, 1639._[1] + +[Footnote 1: British Museum, Sloane MSS., 758; pp. 143-173 contain +Gov. Nathaniel Butler's "Diary of my Present Employment", extracts +from the earlier part of which are given here, exhibiting the dealings +of a minor colonial governor with problems of privateering, and +incidentally somewhat of his daily life. The whole journal runs from +February 10, 1639, to May 3, 1640, and is largely occupied with an +unsuccessful privateering voyage in the Caribbean which the governor +undertook on his own account. England was not at war in February, +1639, but war had long existed between Spain and the Netherlands, and +the depredations carried out from Providence were sure ultimately to +provoke Spanish reprisals. It was moreover almost an accepted maxim +that there was "No peace beyond the Line", _i.e._, west of the prime +meridian and south of the Tropic of Cancer.] + +[_February_] 13. Wee hadd an alarme this morneinge, and in regard that +the sayle that wee made came to an Anchor close without our Rocks +called the Breakers, wee sone found that she was a stranger and in +perill: wherupon I sent out two shalopes well manned and followed +myself in the thirde: and by the waye wee mett with her bote being +only a Canow in which all of her men wer come off from her and left +her alone; But wee tooke two of her men backe with us to the shypp; +and sent two of my Botes to bring her into the Harbour;[2] the which +was done: Wee founde her to be a Spanish Frigate, taken by a man of +Warre of Flushinge off of Cuba. she was laden with mantega de +Porco,[3] Hides and tallowe; their resolution was to have carried her +to St. Christophers,[4] and ther to have sold her Goods, but being not +able to fetch itt, she was forced to beare up for our Iland; and but +for us had wracked upon our rocks; shee was manned with eight men; and +the man of warre that tooke her haveinge dispatched her as he thought +for St. Christophers, remained upon the Coast of Hispaniola to looke +out for more purchase:[5] and in the meantime, little knows what is +become of his Prize. + +[Footnote 2: The harbor, and the town of New Westminster, were on the +northwest side of the island. There is a map in Newton, opp. p. 12.] + +[Footnote 3: Lard.] + +[Footnote 4: St. Christopher's was at this time occupied jointly by +the English and the French.] + +[Footnote 5: In the old sense of prey or plunder.] + +14. I dined at Captain Morgan's. After dinner the Councell of Warre +wer assembled at my house; wher some propositions wer considered off +touchinge the new come Dutche; as alsoe about some redresses in +respect of wronngs pretended to be offred by our Pillageinge seamen. + +15. I was att Warwicke Fort[6] this morneinge, wher I called a +Counsell of warre; and the new come in Dutche presented a coppy of +their Commission signed by the Prince of Orange and the Dutche West +India Company. After dinner being newly returned home, wee hadd an +alarme, upon the discovery of a sayle; and I went presently out in my +shalope and sent Captaine Axe out in his shalope to make a discoverye +upon her; she proved to be another smale man of warre of Holland +which had bin long upon the coast of the terra firma;[7] and hadd +gotten nothinge; towards the eveninge she came to an Anchor in our +Harbour. This vessell comeinge to the Ronchadores (it being only a +desolate barren rocky sande twentie leagues to the eastwards of +Providence, which is the nearest land unto itt)[8] found ther an +Englishman the which with some others being in a smale frigate wer +shypwracked upon itt, some of them gott awaye upon two rafts of which +the one of them was never hearde off; Thoes upon the other raft wer +driven upon the maine-land of the West-Indies, and soe att last gott +home. This man with some others remained upon the sande and rocks; +wher att last all of them died save this man only; who after he hadd +remained ther two yeares and a halfe of which for ten monethes space, +after the deathe of all the rest, he lived solitarily and all alone, +being only fedd with such sea foules as resorted to the place, and +sometimes some fish, he was thus taken and brought home unto us in +good healthe and very lusty. + +[Footnote 6: Warwick Fort overlooked the harbor from its north side. +Capt. Samuel Axe, mentioned below, a soldier of the Dutch wars, had +made the fortifications of the island.] + +[Footnote 7: Tierra Firma, the Spanish Main, or north coast of South +America.] + +[Footnote 8: Roncador means snorer; the cay is still called by that +name. The story of this man's shipwreck and preservation figures in +Increase Mather's _Essay for the Recording of Illustrious Providences_ +(London, 1684), ch. II. The famous U.S.S. _Kearsarge_ was wrecked on +the Roncadores in 1894.] + +16. I went very early this mornenige to the greate Baye, wher my +worcks went forwards well and almost to my wish. In the afternoone +being returned home, I spent some houres in the hearinge of divers +controversies amongst the Inhabitants. Towards night the Commander of +the Dutche Vessel that came into our Harbour the daye before presented +himself unto me and shewed me his Commission signed by the Prince of +Aurenge:[9] His errand hither was to find and stoppe a leake; haveinge +bin foure or five monethes upon the coast, and gotten noethinge. This +morneing also, another of the new Companyes was in their Armes, upon +the great Baye; and exercised by Captain Carter[10] in my presence, +and did well. + +[Footnote 9: Orange.] + +[Footnote 10: Capt. Andrew Carter succeeded Butler, as deputy +governor, and lost the island to the Spaniards.] + +17. Upon this Lorde's daye I was in the morneinge and eveninge at Mr. +Sherrard's Churche,[11] who preached unto us, at both times. After the +afternoone's sermon, the poore man that was soe hapely recovered from +the Ronchadores, was introduced by Mr. Sherrarde to make a publicke +thanksgiveinge to God for his deliverance with a confession in +generall tearmes of his former vicious life, and a promise of future +amendment. An act very commendable in itselfe, and a Course fully +approvable: Though itt now brought to every man's minde and +observation, that whereas the apparent evidence of God's mercye in as +highe or higher a nature hadd been manifested towards Captain Axe and +his company in his escape from the enemie, to thoes five persons that +came safe unto us, in an extreme leakinge bote, from St. Christophers; +And towards the fortie nine persons that arrived safely with us from +the Barbadoes;[12] And all this done within the space of foure +monethes; that none of all this should have bin remembered by Mr. +Sherrard, in the same kinde; as if the safe-being of this one only +man, had either bin of more remarkableness in itselfe, or of more +acceptableness with him than all the others putt togither.... + +[Footnote 11: Rev. Hope Sherrard, one of the two ministers of the +island, and a rigid Puritan, which Governor Butler was not.] + +[Footnote 12: Apparently the party led, through remarkable adventures, +by the other minister, Rev. Nicholas Leverton. See Calamy, +_Nonconformists' Memorial_, I. 371.] + +21. Early this morneinge I went out in my shalope to Darlies Fort[13] +to looke out for the vessells that wer made the eveninge before and by +sunne riseinge wee againe made them five leagues out to sea standeinge +in with our Harbour; and by ten of the clocke they came ther to an +Anchor: and one of them proved to be the Pinnace called the _Queene of +Bohemia_[14] that I had sent out about five weekes before to looke out +for Purchase upon the coasts of the maine; the other was a Spanish +Frigate which she hadd made her Prize. I dined this daye at a +weddinge. + +[Footnote 13: At the extreme north point of the island.] + +[Footnote 14: The queen of Bohemia for whom the pinnace had been named +was the princess Elizabeth, the ill-fated daughter of James I.] + +22. The Captaine of our last arrived Pinnace came unto me and +certified me concerneinge his voiage, and the takeinge of his Prize; +and I gave him some Advices about the orderinge of every man's shares: +And upon this daye all the montega de Porco, and the Tallow that came +in the first Dutche was sold to the people att reasonable rates.... + +25. One of our new Companys was exercised upon this daye, by Captaine +Hunt;[15] I went aborde our new prize, to sett downe orders, upon the +Breakeinge of Bulke; And the Prize Goods began this morneinge to be +unshypped, into our Store House. I hadd many Bussinesses brought afore +me this daye, and found trouble ynough in decideinge of them. + +[Footnote 15: Capt. Robert Hunt, governor 1636-1638, and an +experienced soldier.] + +26. Our new erected Company of Voluntiers exercised this morneinge, +att our new exerciseinge place, and all the Captaines dined with me: +In the afternoone, I called a Counsell of warre, where orders wer sett +downe and given to the Captaines of the Fortes about makeing of all +shotts att the comeinge in of shypps: Witnesses wer also examined in +the Court of Admiraltie[16] about the new come in Prize, and a +preparation made to an Adjudication. I hearde, determined and appeased +divers differences, which might have produced ill bloud. + +[Footnote 16: The preceding document associates the council of war in +the governor's exercise of admiralty jurisdiction.] + +27. Very early this morneinge, I found worcke ready for me to heare +and decide divers complaincts between the Inhabitants. Some of the +Counsell of Warre dined with me; presently after dinner I caused a +Proclamation pro forma to be made by sound of the Drumme, concerninge +the Bussinesse of our new gotten prize: viz, That if anyone could make +a claime to any of the said Prize goods or saye anything why +adjudication of her being lawfull Prize should not be granted; they +should come in by such a daye and should be heard accordinge to +Justice. This afternoone all our Prize Goodes being landed, I went to +the Store-house to see equall divisions made; And the Lordes +fiftes[17] wer first layde aside; and then my dues as Admirall, and +Captaine Axe's as Vice Admirall; and then some shares wer delivered +accordinge to every man's part, to the common marriner[s]; and all +the Tobacco belonginge to them, was shared and delivered. + +[Footnote 17: Dues to the proprietors, under their patent.] + +28. We wer all this daye busied att the Store-House in the shareinge +of the dues to the Shyp-Company, out of the Prize Goods; and in +proportioninge the Honorable Companye's Fiftes; and mine owne Admirall +duties, and the Vice Admirall's, Captain Axe.... + +[March] 2. The Commanders and merchants of the Dutch men of warre +dined with me this daye: our new prize Frigate by the presumption of +her master in takeinge awaye without leave an Anchor and a Cable from +her, which he claimed to be his due, and which she rode by in the +Harbour, was driven ashore; for which fact he was cited to an Admirall +Court.... + +4. I called a Court of Admiraltie this morneinge; and empannelled +twelve seamen, to deliver their verdict, concerninge a misdeameanour +committed by a master of a shyp, in takeinge awaye a Cable and an +Anchor from a vessell rideinge in the Harbour; wherby the said vessell +was driven on grounds and in perill to be lost: but thes Jurors proved +themselves soe absurde and ignorant as sone made me finde the miserie +of trialls in these dayes by such kinde of men: And it now produced an +Order in a session of the Counsell of Warre in the afternoone, whereby +all future crimes and commissions of this nature wer made punishable +another waye. A new officer in the nature of a fiscall or Advocate[18] +in our Court of Admiraltie was elected and sworne this daye. + +[Footnote 18: Representative of the crown or proprietors.] + +5. The Prize Vessell that was driven aground was gotten off safe this +morneinge, wherby the penalties inclifted[19] by the verdict in the +Admiraltie Court in case it hadd perished, wer taken off. + +[Footnote 19: Inflicted.] + + + + +_LA GARCE._ + + +_3. Articles of Copartnership in New Netherland Privateering. December +4 (N.S.), 1646._[1] + +[Footnote 1: New York State Archives, Albany; Dutch Manuscripts, vol. +II., p. 153. The dates in the four New Netherland documents which +follow are new style dates. The privateer _La Garce_, of French +origin, began its connection with New Netherland as early as 1642, +from 1644 was chiefly owned there, and from these dates to 1649, or +even 1656, was an object of pecuniary interest and investment to a +considerable number of New Amsterdam men. Many documents among the +Dutch papers at Albany relate to her; they show Dutchmen, Frenchmen, +and Spaniards as sharing in her captures.] + +Compareerde voor my Cornelis van Tienhoven Secretarius van wegen de +Generale Geoctroyeerde Westindise Comp'e in nieu nederlandt +geadmitteert den E. Heer Willem Kieft Directeur General van nieu +nederlandt, synde inde voorschreven qualite voor Rekeninge van de +welgedachte Comp'e een meedereder in de fregadt de _la Garce_, +Dewelcke nevens alle de naergenoemde persoonen bekende te Hirrideeren +in dito Fregat een recht achste part, Jan Damen Ingelycx een recht +achste part, Jacob Wolphersen de somma van vyftien hondert gulden, +Marten Crigier een gerecht sestiende part, Jacob Stoffelsen elft +hondert gulden, Hendrick Jacobsen pater vaer een achste part, Hendrick +Arentsen de somme van dertien hondert gulden, Capitain Willem +Albertsen blauvelt een Recht achste part, Cristiaen Pitersen Rams +veertien hondert gulden, Willem de key een Recht sestiende part, +Adriaen dircksen een Recht twee ende dertichste part, Welcke +voornoemde Somme ende parten de voornoemde Persoonen als gemeene +Reders yder voor haer Particulier hebben gedaen ende Hirrideeren op +Winst ende Verlies, ende is desen gemaeckt ende getekent omme in +toecomende hunl[ieden] daer van te connen dienen ende Weten Wat yder +Reder voor syn Winst vande uytgeleyde pen[ningen] te vorderen mocht +hebben. T'Oirconde ende teken der waerheyt is desen by de voornoemde +Reeders getekent, den 4e desember 1646. In Nieu Nederlandt. + +CHRISTIAEN PIETERSZ. JAN JANSZ DAMEN. +WYLLEM BLAUFELT. MARTIN CREGIER. + JACOB VAN COUWENHOVEN. +dit ist [X] merck ADRIAEN DIRCKSEN COEN. +van HENDRIC ARENTSEN WILLEM DE KEY. + +dit ist merck [P over +] van +HENDRIC JACOBSZ P. VAER. + +[circle with horizontal line, +, top right corner bracket] +dit ist merck van +JACOB STOFFELSEN. + +In kennisse van my +C. V. TIENH. Secret. + +_Translation._ + +Appeared before me, Cornelis van Tienhoven,[2] authorized secretary +for the Chartered West India Company in New Netherland, the Honorable +Willem Kieft, Director General of New Netherland,[3] being in that +capacity partner in the frigate _La Garce_ on account of the aforesaid +Company, who together with all the persons named hereafter +acknowledged that he was taking a share of one just eighth part in the +said frigate, Jan Damen likewise a just eighth part, Jacob Wolphersen +the sum of 1500 gulden, Marten Crigier a just sixteenth part, Jacob +Stoffelsen 1100 gulden, Hendrick Jacobsen Pater Vaer an eighth part, +Hendrick Arentsen the sum of 1300 gulden, Captain Willem Albertsen +Blauvelt[4] a just eighth part, Christiaen Pitersen Rams 1400 gulden, +William de Key a just sixteenth part, Adriaen Dircksen a just +thirty-second part, which aforesaid sums and parts the aforesaid +persons, as owners in common, each on his own account, have invested +and ventured, for profit or loss, and this [declaration] is made and +signed in order to serve them in the future and to know exactly what +each owner may have a right to demand for his profit on the monies +invested. In witness and token of the truth this is signed by the +aforesaid owners, December 4, 1646, in New Netherland. + +[Footnote 2: Book-keeper under Director van Twiller (from 1633), +provincial secretary under Kieft, _schout fiscaal_ under Stuyvesant +till 1656.] + +[Footnote 3: Director-general 1637-1646. Of the other partners, Jan +Jansen Damen, Jacob Wolfertsz van Couwenhoven, and Martin Cregier were +among the leading citizens of New Amsterdam. The total venture seems +to have been about 14,000 gulden, say $5600 (worth much more then).] + +[Footnote 4: Two Blauvelts or Blawfelts, Albertus and Wyllem, +apparently father and son, appear in the records of the Providence +Island Company (document 1, note 1). The former discovered the inlet +on the Mosquito Shore, excellent for buccaneers, which is still called +by his name, Blewfields Bay, in Nicaragua. After the Spanish conquest +of Providence in 1641, Wyllem Blawfelt took to privateering, and, as +will be seen, pursued it too long.] + +CHRISTIAEN PIETERSZ. JAN JANSZ DAMEN. +WYLLEM BLAWFELT. MARTIN CREGIER. + JACOB VAN COUWENHOVEN. +this is the [X] mark ADRIAEN DIRCKSEN COEN. +of HENDRIC ARENTSEN. WILLEM DE KEY. + +this is the [P over +] mark +of HENDRIC JACOBSZ P. VAER. + +[circle with horizontal line, +, top right corner bracket] +this is the mark of +JACOB STOFFELSEN. + +Acknowledged before me, +C. V. TIENH. Secret. + + +_4. Articles of Copartnership between Augustin Herrman and Wyllem +Blawfelt. December 4 (N.S.), 1646._[1] + +[Footnote 1: New York State Archives, Dutch Manuscripts, vol. II., p. +153.] + +Wy ondergeschreven bekennen geaccordeert ende verdragen te wesen inde +fregat de _la Garce_ op Winst ende verlies te hirrideeren, de somma +van seventien hondert drie ende t'seventich gulden waer van Sr +Augustyn een rechte seste [substituted for _sestiende_, erased] part +Hirrideert onder den naem van Willem Aelbertsen Blauvelt, die bekent +de voornoemde Somma uyt handen van Augustyn Heerman ontfangen te +hebben ende belooft, soo Godt de heere hem Capitain Willem Albertsen +een ofte meer prysen t'sy groot ofte cleen verleent van dese reyse, +aende voornoemde Sr. Augustyn off syn Ordre uyt te keeren een gerechte +seste [clerk wrote first _sestiende_] part vande veroverde Goederen +uyt syn een achtste part. Ende soo t gebeurde, dat Godt verhoede, dat +de barcque verlooren wiert, sal den voornoemden Sr. Augustyn niets op +Capitain Blauvelt te pretenderen hebben. Aldus gedaen ende getekent de +4e desember a'o 1646. In nieu Amst. + + AUGUSTIN HERRMAN. + WYLLEM BLAWFELT. +In kennise van my + CORNELIS VAN TIENHOVEN, Secret's. + +_Translation._ + +We the undersigned acknowledge that we have consented and agreed to +invest in the frigate _La Garce_, for profit or loss, the sum of 1773 +gulden, of which the Sieur Augustyn[2] ventures the sixth [substituted +for _sixteenth_, erased] part in the name of Willem Aelbertsen +Blauvelt, who acknowledges that he has received the aforesaid sum from +the hands of Augustyn Heerman and promises, if God the Lord grants to +him, Captain Willem Albertsen, on this voyage one or more prizes, +whether great or small, to turn over to the aforesaid Sieur Augustyn +or his order a sixth [the clerk wrote first _sixteenth_] part of the +captured goods out of his own eighth part. And if it shall happen, +which God forbid, that the bark should be lost, the aforesaid Sieur +Augustyn shall have nothing to claim from Captain Blauvelt. Done and +signed December 4, 1646, in New Amsterdam. + +[Footnote 2: Augustin Herrman was a Bohemian of Prague, who had served +in Wallenstein's army, had come out to New Netherland in 1633 as agent +of a mercantile house of Amsterdam, and had become an influential +merchant. A man of varied accomplishments, he made for Lord Baltimore +a fine map of Maryland, and received as his reward the grant of +Bohemia Manor.] + +AUGUSTIN HERRMAN. +WYLLEM BLAWFELT. + +Acknowledged before me, + CORNELIS VAN TIENHOVEN, Secretary. + + +_5. Affidavit: the Capture of the Tabasco. July 25 (N.S.), 1649._[1] + +[Footnote 1: New York State Archives, Dutch Manuscripts, vol. III., p. +44.] + +Wy ondergeschreven (alle t'samen gevaren hebbende met d'fregat de _la +garce_ daer Capetain op is Willem Albertsz Blaeuvelt, gecruyst +hebbende inde West Indisch) attesteeren, getuigen ende verclaren in +plaets ende belofte van Solemneelen Eede, des noots synde, hoe dat +waer ende waerachtich is, dat wy verovert hebben inde reviere van +Tabasko een bercke genaemt _Tabasko_ vande Spanjaerde, welcke +spanjaerden ons niet vermaende van eenige vreede noch treves die +tusschen den Coninck van Spanje ende haere H. Mo. gemaeckt soude syn +geweest, noch dat wy van geene vreede geweeten noch gehoort hebben. +Alle t'welcke wy ondergeschreven verclaren alsoo waer ende waerachtich +te weesen, presenteerende t'selve, des noots synde, altoos met Eede te +verifieeren. Ady desen 25en July a'o 1649. N. Amst. + +dit ist [X] marck van +HENDRICK ARENTSZ, Luytenant. +KEMPO SYBADA. +RAIPH CLARCK. +dit merc _eese_ is gestelt by +ANTONY DE MOEDES, Spaenjaert. + +_Translation._ + +We the undersigned, having all voyaged together in the frigate _La +Garce_, of which Willem Albertsz Blaeuvelt is captain, having cruised +in the West Indies, testify, witness, and declare, in place and under +promise of solemn oath if need be, that it is true and certain, that +we captured from the Spaniard, in the river of Tabasko,[2] the bark +named _Tabasko_, which Spaniard did not notify us of any peace or +truce concluded between the King of Spain and their High Mightinesses, +nor had we known or heard of any peace.[3] All which we the +undersigned declare to be true and certain, offering also if need be +to verify it under oath. This 25th of July, 1649, in New Amsterdam. + +[Footnote 2: A river of southern Mexico, flowing into the Gulf of +Campeche; in all but its lower portion it is now called the Grijalva.] + +[Footnote 3: The deposition of William Nobel, surgeon of the _La +Garce_ (_N.Y. Col. Docs._, I. 398), shows that the _Tabasco_, "laden +with grains of paradise", was captured on April 22, 1649, and that +another prize was taken on July 5, and confirms the narrative given in +the next document. Yet peace had been concluded January 30 (N.S.), +1648. Roger Williams writes to John Winthrop, jr., October 25, 1649, +referring no doubt to the prize mentioned in the next document, +"Blufield is come to Newport and is carrying the ship (his prize) to +Munnadoes [Manhattan], having promised the Governor to answer it to +the Spaniard if demaunded, because she is taken against the Treves" +(truce, peace); _Mass. Hist. Soc. Coll._, fourth ser., VI. 272, 274.] + +This is the [X] mark of +HENDRICK ARENTSZ, Lieutenant. +KEMPO SYBADA.[4] +RAIPH CLARCK. +This mark _eese_ is made by +ANTONY DE MOEDES, Spaniard. + +[Footnote 4: The pilot of the privateer. The _Records of the Quarterly +Courts of Essex County, Massachusetts_, I. 314-319, show Captain Kempo +Sybada as dwelling in the next ensuing years at New London and on +Block Island, and as suffering in his turn from the depredations of +privateers. He died in London in 1659.] + + +_6. Affidavit of Antonio Leon and Fyck Herry. September 27 (N.S.), +1649._[1] + +[Footnote 1: New York State Archives, Dutch Manuscripts, vol. III., p. +65.] + +_Copie_ + +Compareerde voor my Jacob Hendricksz Kip Clercq by den E. Hr. Dr. +Generael ende E. Raaden van Nieu neederlant geadmiteert, Antony Leon +geboortich inde Mayorke out 26 Jaaren Spanjaert ende Fyck Herry +geboortich van Ierlant in Castilhaven out ontrent 21 Jaaren, +passagiers overgecomen uyt Capetain Flip drest syn Barcque inde +barcque van Willem Albertsz Blaeuvelt, attesteeren, getuygen ende +verclaren, in plaets ende presentatie van Eeden ten versoecke vande +Gemeene Reders van d'Fregat de _La Garce_, daer Capetain op was Willem +Blaeuvelt voornoemt: hoe dat waer ende waerachtich is, dat sy +attestanten weesende op des selfs Capetain Blaeuvelts barcque, gesien +hebben ende hun noch wel bekent is, als dat op den achtienden July +1649 in de Bocht van Compechie alwaer quaem des avonts een Schip, +welcke sy dochten dat het de barcque ofte prys van Blaeuvelt was, waer +over Blaeuvelt datelyck seyl maeckte, ende draeyde hem op de Laey, om +dat sy haer best soude kennen: welcken blaeuvelt de prinse vlagge van +booven ende achteren liet wayen: Hy haer niet verwachtende maer syn +best doende om van haer te koomen: des s'nachts ongeveer ten Elf uyren +syn sy by hem gekoomen, doen riep blaeuvelts Cartiermeester genaemt +Gerrit Hendricksz: Flip, Flip, Maet Flip, welcken geen ant[woor]t en +kreegh, roepende, Stryckt voor de Prins van Orangie: Antwoorde, +Stryckt voor de Coningh van Spanjen: ende schoot met schut datelyk +vier schooten; het vyfde stuck weigerde ende het seste gingh af op +Blaeuvelt: sonder dat by Blaeuvelt Its claer gemaeckt hadde: Welcken +Blaeuvelt resolveerde om by de Wint te steecken om naer syn volck te +geraecken: alle t'welcke wy attestanten voornoemt verclaren alsoo waer +ende waerachtich te weesen, presenteerende t'selve, des versocht +synde, met Eede te verstercken. Ady desen 27 September 1649, opt +Eylant d'Manhatans In Nieu Neederlant. Was onderteckent by dusdanich +merck [sideways H] daer by geschreven: Dit is het merck van Fyck +Herry, selfs gestelt: dusdanich teycken [dash, sideways S] daer by +geschreven dit is het merck van Antony Leon Spanjaert selfs gestelt. +Nevens Albert Cornelisz ende t'merck van Nicolaes Stilwil, byde als +getuygen vande waerheyt des bovenstaenden onderteckenden Mercken: +onderstont In Kennisse van my, Jacob Kip geadmiteerde Clercq. + +Naer Collatie is deese met syne principale gedateert ende geteckent +als boven accordeerende bevonden by myn Jacob Kip Clercq ten overstaen +van Francooys Noyret: ende ---- getuygen, hier toe versocht desen ---- +Sept 1649 Int fort Amst. In N. Neederlandt. + +FRANSSOYS NOIRET, getuyge. + +_Translation._ + +_Copy_ + +Appeared before me Jacob Hendricksz Kip,[2] authorized clerk to the +Honorable Director General and Honorable Council of New Netherland, +Antony Leon, native of Majorca, 26 years old, Spaniard, and Fyck +Herry, native of Castlehaven in Ireland, about 21 years old, +passengers, who came from Captain Flip Drest's bark into the bark of +Willem Albertsz Blaeuvelt, who testify, witness, and declare, in lieu +and on offer of oaths, at the request of the joint owners of the +frigate _La Garce_, of which the above-named Willem Blaeuvelt was +captain, that it is true and certain that they, the deponents, being +in the said Captain Blaeuvelt's bark, saw, and they recollect very +well, that upon July 18, 1649, in the bay of Campechie,[3] there came +in the evening a ship which they thought to be the bark or prize of +Blaeuvelt, whereupon Blaeuvelt immediately made sail, and turned to +the leeward in order that they might the better make her out. The said +Blaeuvelt ran up the Prince's flag above and at the stern, not waiting +for her, but doing his best to get away from her. About eleven o'clock +at night she came up to him, when Blaeuvelt's quartermaster, named +Gerrit Hendricksz, called: "Flip, Flip, mate Flip", but received no +answer and then cried out, "Strike for the Prince of Orange!"[4] [The +Spaniard] answered, "Strike for the King of Spain!" and immediately +fired with cannon four shots. The fifth piece failed to go off. The +sixth shot struck Blaeuvelt's ship, without his having made any +preparations [to fire]; said Blaeuvelt resolved to sail close to the +wind in order to get to his people. All which we deponents aforesaid +declare to be true and certain, offering on demand to confirm the same +by oath. This 27th of September, 1649, on the Island of Manhattan in +New Netherland. Signed with a mark of the following shape, [sideways +H], against which is written, "This is the mark of Fyck Herry, made by +himself"; a mark of this sort [dash, sideways S] against which is +written, "This is the mark of Antony Leon, the Spaniard, made by +himself"; then, "Albert Cornelisz", and the mark of Nicolaes +Stilwil,[5] both as witnesses of the genuineness of the above marks; +and beneath, "Acknowledged before me, Jacob Kip, authorized clerk". + +[Footnote 2: From whom Kip's Bay (East River, about Thirty-sixth +Street) is named.] + +[Footnote 3: Between Mexico and Yucatan.] + +[Footnote 4: _I.e._, strike ensign and topsail.] + +[Footnote 5: Albert Cornelisz was a magistrate of Brooklyn; Nicholas +Stilwell, of Gravesend.] + +After comparison with its original, dated and signed as above, this +is found to agree, by me, Jacob Kip, clerk, in the presence of +Francooys Noyret and [_blank_] requested as witnesses hereto, this +[_blank_] September, 1649, in Fort Amsterdam in New Netherland. + +FRANSSOYS NOIRET, witness.[6] + +[Footnote 6: It was judicially decided later that the _Tabasco_ was +not a good prize. A ray of light is cast on Blauvelt's latter end by +an item in an enumeration of English buccaneers in 1663 found among +the Rawlinson manuscripts in the Bodleian Library, "Captain Blewfield, +belonging to Cape Gratia de Dios [Gracia a Dios, Nicaragua], living +among the Indians, a barque, 50 men, 3 guns." Haring, _Buccaneers_, p. +273.] + + + + +THE _HOLY GHOST_. + + +_7. Declaration of the Massachusetts Council, July 20, 1653._[1] + +[Footnote 1: Massachusetts Archives, vol. 60, p. 175. The document is +a declaration of the Court of Assistants acting in its executive +capacity, as a council.] + +Att A Counsell held at Boston 20th July 1653. + +Captaine Robert Harding[2] presenting unto us a certificate in the +Dutch language with the seale of Amsterdam affixed to it that the ship +called in the certificate the _holy ghost_ togather with the skipper +thereof did belong unto the united provinces (Although at the first +arrivall of the s'd ship diverse rumors were spread which did render +them suspitious to have unjustly surprised the s'd ship) whereupon the +Counsell thought it there duty to enquire into the matter, yet having +now examined the s'd Captaine and Considerd the Certificate afores'd +together with a charter partie found in the s'd ship, Wee doe declare +that wee have nothing wherewith to charge the sd Capt. or the company +but have discharged the said Captaine and the rest of the company +heere, together with their clothes, And therfore doe signify unto them +that they have free liberty to enter our harbours where they shall +have protection from all injuries and liberties of free trade with +any of our inhabitants as any other ships whatsoever have had amongst +us. + +[Footnote 2: Capt. Robert Harding, now of Ratcliff, London, was well +known in Boston, being, apparently, the same who came out with +Winthrop, went to Rhode Island, was an assistant there, and then +returned to England.] + +20 July 1653. A True Coppie of the paper + was signed by written to the Capt and Company +JNO. ENDECOT, Gov. of the dutch prise--20th of +RIC. BELLINGHAM, Dept. Gov. the 5th mo. 1653.[3] +INCREASE NOWELL. EDWARD RAWSON, Secret'y. +SYMON BRADSTREET. +SAMUELL SYMONDS. +ROBT. BRIDGES. +JNO. GLOVER. +DANIELL GOOKIN. +DANIEL DENISON, Maj'r Gen'll. + +[Footnote 3: The fifth month, in the reckoning usual among the English +at this time, was July, March being the first. The civil year began on +March 25.] + + +_8. Declaration of Governor Endicott. August (?), 1653._[1] + +[Footnote 1: Mass. Archives, vol. 60, p. 174.] + +To all whom these presents may concerne, greeting etc. + +Know yee that the ship called the _holy gost_ of Amsterdam of the +burthen about 160 tune beeing taken as a prize and carried away out of +the Roade of the Iland of Barbados by some seamen and some planters +and Inhabitants of the said Iland, the said Ship and company in their +sayling Faling upon the coasts of new England were mett with at sea +about 50 leagues from our harbor of Boston in great extremity, wanting +provision, by a ship bound from London to our Ports whoe supplied them +for there present need and pilatted them into one of our harbors +called Natasket[2] where there is not a fort to bring a ship under +Command. the Councell hearing of such a ship lying there sent to the +Capt and company of the said ship and invited them to come into our +harbor at Boston, they being afrade so to doe by reason (as the +Councell was enformed) they were told that if they came into the +harbor the Capt and Company should bee imprisoned and the ship seased. +afterwards the Capt coming a shore, as alsoe some of the company, the +Capt was arrested and some of the company were imprisoned, who were +examined apt [apart] what ship it was they had taken and whence shee +was, whither of Holland or of Spayne,[3] or wheather they had used any +cruelty to any of the Company they tooke, either by wounding, killing +or setting any of them ashore upon any Iland or other place to the +endangering of there lives. they all agreed in one relation that no +such thing was done by them or any man hurt, And there beeing not any +person heere to enforme against the[m] and they making it appeare by a +dutch certificate under the seale of Amsterdam and by other dutch +writings w'ch are extant with us found in the seisd ship, that shee +was a dutch ship of Amsterdam sett out by diverse Marchants of that +citty, the councell released the said Capt and the rest w'ch had beene +inprisoned, And sent to the rest of the ships company that they might +freely come into our harbor, where they should have trafficke and +protection from all Injuries and liberty of trade with any of our +inhabitants as any other ships whatsoever, the ship afterwards came +into Salem harbor,[4] And the Governor gave order to have the whole +Cargo of goods to be brought ashore, that theire might bee a true +Invoyce taken thereof, that the state of England[5] might have the +tenth. And the rather because it was reported to be a vessell of great +treasury And the account thereof might be expected from the goverment, +being brought in to this Jurisdiction, And to the end there might be +the better satisfaction given to such as might inquier after it. In +Wittnesse of the premisses I have hereunto sett my hand and caused the +seale of the Colony to be afixed. + +[Footnote 2: Nantasket.] + +[Footnote 3: England and the Dutch were now at war (1653-1654), and +the ship if Dutch might be good prize, but there was no war with +Spain.] + +[Footnote 4: There are several entries regarding it in the _Records of +the Essex Quarterly Courts_, I., but under the name of the _Happy +Entrance_.] + +[Footnote 5: The Commonwealth government.] + +This is A true Coppie Compared with the originall + +per EDWARD RAWSON, Secret'y. + +[The words "Jno. Endecott Gov'n'r and the seale of the Colony" appear +in the margin.] + + +_9. Deposition of Matthew Hill. October (?), 1653._[1] + +[Footnote 1: Mass. Archives, vol. 60, p. 172a.] + +Mathew Hill aged 30 yeares and upwards deposeth and sayth + +That upon the seaventh day of May 1653 last past aboute two of the +clock in the afternoone of the same day The Prize-men and company that +take the Spanish Ship out of Carlile Roade in Barbados,[2] there being +at that tyme when shee was taken eight men of the shipps owne company +on board when they tooke her (as the Gunner thereof informed this +depon't) and that two of them leaped over board, w'ch were taken up by +other shipps, and that they tooke thother six men with them, and were +expected to have beene sent on shore back againe, but they cume not +nor were ever heard of (by any meanes that this depon't could +understand of) in foure months tyme whilst this depon't resided in +Barbados after the ship was so taken, nor is yet that this depn't +heares of. And this depon't further sayth That the Spanyord reported +that there was a chest of gold dust six foote long and another chest +of Jewells and Pearles, but named not how bigg it was, and seaven +hogsheads of peeces of eight,[3] besides all other traffick that was +in the said Shipp, And sayth that the Pylate of the said shipp +affirmed that if there were Thirty men of them their share would come +to one thousand pounds a peece, And also sayth That the Gunner of the +said Ship being an Englishman (and this depn'ts country man) informed +this depon't That his owne share in the said Shipp was worth eight +hundred pounds sterl. + +[Footnote 2: Carlisle Road or Bay is the roadstead of Bridgetown, +Barbados.] + +[Footnote 3: Spanish dollars, pieces of eight reals.] + +MATHEW HILL. + + +_10. Deposition of Francis Blackman and John Dukley. October (?), +1653._[1] + +[Footnote 1: Mass. Archives, vol. 60, p. 173.] + +Mr. Francis Blackman, aged 60 yeares or there about, and mr. John +Dukley aged 4[_illegible_] yeares or there abouts, doe joyntly and +severally depose and say That in the month of May last past There was +a Spanish Ship, as it was affirmed to be, taken at Barbados by a +company of men that were some of them there resident and some of them +inhabitants there, wherein there was eight men of the shipps company +when it was taken, and two of them leapt over board and were taken up +by other shipps but six of them were taken away with them in the said +shipp. And there was a flying report that they were come on shoare +againe the same day, but the constant report was that they were not, +neither was any of them seene by these depon'ts after they were +carryed away whilst these depon'ts remayned in Barbados, w'ch was +foure months after. + +FRANCIS BLACKMAN. + +JOHN ID DUKLEY. + his marke + + +_11. Letter of Governor Searle of Barbados. November 4, 1653._[1] + +[Footnote 1: Mass. Archives, vol. 60, pp. 176, 177. Daniel Searle was +governor of Barbados, under the Commonwealth, from 1652 to 1660.] + +_Honnored Sr._ + +Theare arived some sixe mo. since before this Iland a spannish ship +belonging to Tennarife (one of the Canary Ilands) Commanded by +Emanuell Rodriges, Capt. thereof, who having mett with much contrary +weather in theire voiage homewards wer necessitated to put for this +place, and being before the Iland sent in theire request to have +libertie to wood and water. accordingly it was graunted unto them, +with Assurance of receiving like protection, freedome, and libertie in +our ports, as any other Nation in league and Amitie with the +Commonwealt[h] of England, which gave them Incouridgment to bring +theire shipp into harbor within Command of our forts, and having +staied and Refreshed themselves some three weeks time and taken in +such necessaryes and provicions as they needed, whiles the Comander +with the major parte of his men were on shoare abo[ut] theire +dispatches, the said ship was Unhappily surprized in the harbor by a +wicked deboist[2] Crew of persons, who getting aboard and by force +suppressed those few seamen which were in the shipp, Cutt the Cables +and sett saile. + +[Footnote 2: Debauched.] + +Assoone as the surprise was discovered some shott were made at them, +but theire resolution to Carry so desperate an Attempt (knowing w't +the end would have binn had they fayled therein) and sensiblenesse [?] +in theire dispatch to gett the ship without Command, as also the night +Coming on, and having the Advantage of winde and Currant, no meanes +Could be used to recover the shipp Againe, by which action the +Comander, with his men, who but a little before were possessed (as +well of theire owne as others Interested) with very Considerable +estates, were left on shoare to be Releived by our charitie. + +The Inhabitants of this Iland with myself Cannot but have a very great +Resentment of so vile an Act, which hath Reflected so much not only +uppon Authoritie but the Iland in Generall, and may heareafter reflect +to the prejudice of particcular persons heare who trade at the Canary +Ilands. + +Wee have lately understood these Robbers by fained pretenses and +discourses, to Coulor theire Action have endeavored to shelter +themselves under your Authoritie in New England, but its hoped and +beleived that such persons will not be harboured, nor such Actions +Countenanced by you there. if they should it may proove for the future +of evill consequence to this Colonie. it was least of all suspected +theire Confidence would have led them thither, otherwise wee should +from hence have ere this requested your Assistannce for stoping the +shipp and goods, and persons of those Robbers, untill the parties +concerned therein might have Intelligence of theire being in New +England, there to prosecute for theire rights; + +The Capt. of the said ship with some others of the Compa. went hence +for England hoping there to meete with them, others of them are gonn +to some of the leiward Ilands, and some to the Canaries. assoone as +Intelligence cann be given to the proprietors at tennarife, you will +I judge have some one from thence, to prosecute for theire shipp and +goods. + +The persons who Committed this Robberie being thorough theire +deboistnes brought into Considerable engagements to severall of the +Inhabitants of this Iland, had long before sought waies to make +escapes from of this place, to Avoide theire Confinement which the +lawe would have forced them unto for sattisfaccion of theire just +debts; and had not this ship presented, theire Attempts would have +binn to have zeased on some other, as since hath binn prooved, which +might as well have binn some Vessell heare of your Collony, as any +other; theire example have binn encouradgement to others to Attempt +the like, but wee are, and shall be as dilligent to prevent the same +as possible wee may. if all or some of the cheife of those Robbers (if +they are still with you), were sent hither that exemplary Justice +might be Inflicted on them, it maybe a meanes to terrify others from +such actions for the future. + +What Justice you please to execute in this particcular, will not only +be well resented by us heare; but also thankefully acknowledged and +greately vindicate the Justice of your Authoritie against such as +otheruise may be apt to blemish the same. + +Since the Surprisall of said shipp here arived another vessell from +the Canarie Ilands, to offer trade with the Inhabitants, who +notwithstanding the Assurance they receaved from me of freedom and +protection therein, yet afterwards being Informed of the Aforesaid +action would not trust themselves amongst us but departed; which doe +tend much to the prejudice of the Collonie. I shall not further +enlarge at present but referr all to your Consideracion; and Commend +you to the Almighty in whom I Rest + +Yours in what I may to serve you + +DANIEL SEARLE. + +BERBADOES 4th of November 1653. + +a true copy, etc., and the address. + + +_12. Order of the Massachusetts Council. January 25, 1654._[1] + +[Footnote 1: Mass. Archives, vol. 60, p. 178.] + +Att A Counsell Called by the Governor on occasion of a letter sent +from the Governor of Berbadoes to the Governor heere respecting the +prizemen and held at Salem the 24th of January, 1653.[2] + +[Footnote 2: 1654, new style.] + +After the Counsell had Considered of that letter they Ordered that the +Secretary should forthwith transcribe true Coppies of the originall +and translacion of the Dutch Certifficat and the other Dutch writting +found in the shipp called the _holy ghost_, and presented by Capt. +Robt. Harding to the Counsell, Attested by the Secretary and sent to +the Gov'nor and Counsell at the berbadoes, And further Ordered that +the Secretary may give true coppies thereof to the Capt. or any other +of the prizemen or any other that shall desier them; + +And though by what the Governor of Berbadoes hath hitherto Certefied +to us, it does not legally appeare that the vessell was or is a +spannish vessell, but the Contrary rather seemeth unto us by the dutch +Certifficat and other writting sealed and the Inscription on the +sterne of hir _De heyly[3] Gheest_, with the picture of the dove and +burden of the ship concurring with them, yett for these severall +reasons, viz. 1. Becawse it cann be no Injury to Capt. Robt. Harding, +Left. Thom. Morrice, and that company to Justify theire oune act at +Berbadoes, (if it were a lawfull act). 2. Because there is +probabillitie, some evidence appearing, that severall of the shipps +former company that was aboard are missing, wch were not brought into +this Jurisdiccion, what is become of them cannot so well be cleered, +nor the Case triable any where so well as at the Berbadoes where the +fact was donne. 3. Becawse Capt. Harding, Left. Morrice and the rest, +as is suspected, have not discovered all the treasure that was in the +shipp and thereby have deceaved the Commonwealth of England (In Case +it should proove a pricze) which cannot be cleered so well, any where +as at Berbadoes, who have as wee are Informed inquired of hr [?] the +value of the prize, and the Rather becawse they broke bulke at +Pemequid, out of our Jurisdiccion,[4] and that after they had our +order, which they seemed to decline by theire Accepting proteccion +from Capt. Gilbert Crane, as appeares by proofe, who was in our +harbors under the Imploiment of the Parliament of England for masts +and Tarre.[5] + +[Footnote 3: Heylige.] + +[Footnote 4: The Pemaquid settlement lay on the Maine coast near the +mouth of the Damariscotta River; it belonged at this date to Richard +Russell and Nicholas Davison, private proprietors.] + +[Footnote 5: Capt. Gilbert Crane, in the _King David_, went out for +this purpose in 1653 and returned to England in 1654.] + +Itt is therefore Ordered that the Capt. Robt. Harding, Left. Thomas +Morris and the rest of that company now in hold and such as shall be +taken heere after shall with all conveniency be sent to the Berbadoes +and In the meane time Remaine in prison, unlesse the Counsell shall +take further order. + +Itt is further Ordered that Capt. Robert Harding, Left. Thomas Morris +and Henry Cowes shall, when Capt. Jno. Allen or any other that shall +first be Ready to sett saile to the Berbadoes, be delivered safe +aboard to him or them, by him or them to be delivered to the Governor +and Counsell at Berbadoes, And It is left to any three of the +majestrates to send the rest by such conveyances as they shall Judge +meete. + +And that the Secretary shall from the Counsell give a strict charge to +the keeper of the prison to secure them in prison so as they escape +no[t] as he will Answer it on his utmost perrill. + +25. January 1653. voted alltogither. + EDWARD RAWSON, Secret. + + +_13. Vote of the Massachusetts House of Deputies. June 10, 1654._[1] + +[Footnote 1: Mass. Archives, vol. 60, pp. 184, 183. On May 3 the +General Court had voted that the imprisoned privateers (or pirates) +should be released on bonds of a thousand pounds apiece for +reappearance when summoned; _Records of Massachusetts Bay_, III. 344. +We have now a conflict between the two houses, the House of Deputies +wishing to drop prosecution, the Assistants adhering to the vote of +May; _id._, IV. 196. In October the prisoners were released from their +bonds; _id._, III. 361, IV. 207, 218.] + +Whereas there was some Information given unto this Court of the +Illegall surprisall of the Spanish shipp formerly Called the _Holy +Ghost_ and since Called the _happie Entrance_, of which shipp Capt. +Robt. Hardinge was Commaunder, yet forasmuch as neither Capt. John +Allen who so informed, nor any other person, would Ingage to procecute +agaynst the sd Capt. Hardinge and Company, The Court thought it not +meete to take Cognizance thereof, after which Capt. Crane undertooke +to receive the tenth for the State of England, and whatsoever was Done +by him or by mr. Endecot, then Gov'r, or Capt. Breedon[2] or any other +person in any respect whatsoever about the sd shipp or Goods or tenth +part thereof, neither was nor wilbe owned by this Court in any kind. +the Deputyes have past this and desire our hon'rd magists. Consent +hereto. + +[Footnote 2: Capt. Thomas Breedon, afterward proprietary governor of +Nova Scotia, had bought the ship. _Records of Essex Quarterly Courts_, +I. 319, 320.] + +10th 4th 1654 WILLIAM TORREY, Cleric.[3] + +[Footnote 3: Torrey was clerk of the House of Deputies, Rawson +secretary of the Court of Assistants. Ensign Jeremiah Howchen, whose +dissent from the majority opinion of the deputies is recorded below, +was deputy for Hingham.] + +The magists. Cannot Consent heereto, It Contradicting the last act of +the Court. + +EDWARD RAWSON, Secret'y. + +[Another copy of the vote, likewise attested by Torrey, has instead of +the above subscription the following:] + +this vote to be entred in the booke altho not Consented to by the +magists. + +Contradicent., mr Jer Howchen. + + + + +THE _BLUE DOVE_. + + +_14. Portuguese Commission (Letter of Marque) to Charles de Bils. +February 10 (N.S.), 1658, September 10, 1662._[1] + +[Footnote 1: Mass. Archives, vol. 60, p. 215. A copy of the Portuguese +original is in the archives, as well as this rough translation. The +dates are new style. The grantor was King Alfonso VI., brother of +Catharine of Braganza, queen of England from 1662 to 1685. War with +Spain had continued since the Portuguese revolt of 1640. This series +of papers shows well to what abuses the whole system of letters of +marque was open. For an English commission, of later date (1741), see +doc. no. 144.] + +Alfonso, by the grace of God King of Portugall and of the Algarves [on +both sides] of the seas In Africa, Lord of ginney and of the Conquest, +navigation, and Commerce of Ethiopia, Arabia, Persia, and of India, +Know all to whom this my letter patent shall Appeare that itt +Behooving mee to provide shipps to oppose sea Roavers thatt frequent +the Coasts of these my Kingdomes, for the conveniency of tradeinge to +them, And Consideringe the merritts and Partts thatt Doe concurr in +the person of Charles de Bils, Confidinge in him that In all thatt I +shall Impose to his trust hee will serve mee to my Content, Itt Is my +will and pleasure to nominate and by these Presents doe name for Capt. +of a shipp of warr, by virtue of w'ch power hee may provide att his +owne charge a shipp of one hundred Tonnes with whatt boates +nessesarie, and provide her with Gunns, People, ammunition and +provisions as hee shall thinke Convenientt, to wage warr with the +subjects of the Kinge of spaine, Turks, Pirats, Sea Roavers, take +there shipps and there marchandizes and all that belongs unto them and +Carry them to Any Portts of this Kingdome to give An Accountt of them +in my office, where they shall bee taken Account of In a booke kept +for said purpose, where they shall bee Judged if Lawfull Prizes. hee +may vizitt or search whatt shippes hee thinks goe loaden with our +Enimies goods, goe to there ports, favouringe In all things any Alyed +to this Crowne, Payinge the Customes of sd. Prizes, according to the +Rates of the Custome Houses of this Kingdome. Wherefore I Request all +Kings, Princes, Potentats, Lords, Republicks, states, theire +Leiftenants, Generalls, Admirals, Governours of there provinces, +Citties and Portts, Captaines And Corporals of Warr, to give to the +said Charles de Bils all the Assistance, helpe and favour, Passage and +Entrance into theire Portts, with his said shipp, people, prizes and +all things theire unto pertaininge, offerringe my selfe in the like +occasion to doe the same, and Command my Governours, Generalls, +officers of Warr, to lett them goe and passe with there prizes as long +time as shall be nessesarie, for Confirmation of w'ch I commanded this +letter Pattent to bee past, signed and sealed with the great seale of +my Armes. Given in the Cittie of Lisbone the tenth day of february. +Written by Antonio Marques In the Yeare of the Nativity of our Lord +Jesus Christ one thousand six hundred fifty Eightt. Diogo Ferres Bravo +Caused itt to bee written. QUEENE.[2] And because said Charles de +Bills Presen[t]inge himselfe before mee, Declareinge hee had lost said +patent, desireinge mee to favour him to Command to passe him Another +With safety [?] I commanded itt to bee past him outt of the Register +Booke, W'ch Is the same declared above. given in lisbone the tenth of +September six hundred sixty two. + +frances Pereira da cunha caused itt to bee written. + +(Sealed with +the Armes +of portugall.) + +THE KING.[2] + +[Footnote 2: When the original commission was issued the king was a +minor, and it was signed by his mother the queen regent, Donha Luiza; +but in June, 1662, by a palace revolution, King Alfonso assumed +authority.] + +The Patent by w'ch your Mag'tie was pleased to nominate Charles de +Bils for captaine of a warr shipp of One Hundred tonnes, w'ch hee +offerred to furnish att his owne Cost with such Boates as hee shall +thinke nessesarie and to provide them with Gunnes, People, +Ammunitions, and victuals that hee thinks needfull. Reformed. By Your +Mag'tie. + + +_15. Commission from de Bils to John Douglas. September 20 (N.S.), +1662._[1] + +[Footnote 1: Mass. Archives, vol. 60, p. 216.] + +By his mag'ties decree of the tenth of october 657, And Dispach of the +counsell of the 8th of september 662. Itt Is Registred In the 22 Booke +of the s[ecre]taria of Warr, fol. 72. + +Wee, Charles de Bils, Captaine by the King our Lord, by virtue of my +fore written Patent, Sealed with The great Seale and Signed by his +mag'tie, Constitute and doe Constitute D. John Duglas for Commander of +my shipp Called _st. John_ In my name and as if I were Personally +Presentt to make Warr With the Enimies of this Crowne of Portugall, +Accordingly And in the same manner as it Is declared In my Patent, for +Effectinge of W'ch I grant to the said my Constituted all the Powers +to mee granted, for Confirmacion of w'ch I deliver him this my Patent +signed with my hand and Sealed with the seale of my Armes. made In +lisbone the twentieth of september one thousand Six hundred sixty two. + +CHARLES DE BILS. + +Wee the under written doe testyfie that the Aboves'd and what is +Conteyned on the other Side[2] is a true translation of a Comission +Graunted by the Queene of Portugall and afterwards Confirmed by the +King of that Country unto Charles de Bills and afterwards Assigned +over by Sayd Charles de Bills unto Capt John Duglas as witnes our +hands + +[Footnote 2: Documents 14 and 15.] + +Aug't the 15th 1664.[3] + +[Footnote 3: Old style, presumably.] + +EDMUND DOWNER. +WILLIAM TAILER. +JOHN FORD. + + +_16. Deposition of William Browne. June 24, 1664._[1] + +[Footnote 1: Mass. Archives, vol. 60, p. 218a.] + +The deposicion of William Browne, passenger with Mr Robert Cooke, in +the _Blow Dove_, and now prisoner aboard Capt. Jno. Dowglass: + +That when hee was demaunded of the said Capt. John Dowglass where the +said Shipp did belong unto, that the said William Browne did saye that +hee heard the Mr say severall times, that the said Shipp did belong +unto Amsterdam, and that the said Shipp was bound for Amsterdam, and +that most of the company[2] were Scotts: + +[Footnote 2: Crew.] + +2ly. That the said William Browne did see when a Jewe did shipp +aboarde some goods,[3] and that a Jewe did marke it, and that a Jewe +did dispose of the goods which the Shipp brought from Holland and that +Jewes name was Isaac Cardozo, and that after the Shipp was taken it +was the Mr.'s desire for to bee put ashoare, and his company likewise, +for the Mr. of the said Shipp was wounded and the Capt., meeting with +a vessell bound for Port Royall in Jameka, did graunt leave to the +said Mr. and most of his company for to goe in her for the said Port: +as witness my hand this 24. of June 1664: + +[Footnote 3: At Port Royal, Jamaica. The _Blue Dove_ was taken between +Jamaica and Hispaniola, while sailing for Amsterdam.] + +Taken uppon Oath this 12. of July 1664 in Portsmouth, in Pascatayvay +River, in Newe-England, in America; before mee + +BRIAN PENDLETON,[4] + Comisioner. + +[Footnote 4: Brian Pendleton was a selectman of Portsmouth, and one of +its leading men.] + + +_17. Deposition of Marcus Claesz. June 24, 1664._[1] + +[Footnote 1: Mass. Archives, vol. 60. p. 218.] + +The deposicion of Markus Claise of Rotterdam borne, passenger in the +_Blow Dove_, when shee was taken, and now prisoner aboarde Capt. John +Dowglass. + +That when hee was demaunded of the said Capt. John Dowglass where the +Shipp did belong unto, that hee the said Markus Claise did say that +the said Shipp did belong unto Amsterdam, and that the Shipp was bound +for Amsterdam when shee was taken, and that the Jewes were aboarde +before wee set saile, and that most of the Company were Scotts, and +after that the said Shipp was taken that the Mr., Robert Cooke, and +most of his company did desire of the Capt. to goe ashoare uppon +Jameka, and the Capt. meeting with a Barke bound for Port Royall in +Jameka did graunt them leave, according to theire desire, to goe in +her to the aforesaid Port at Jameka: as witnes my hand this 24. day of +June 1664. + +Taken uppon Oath this 12. of July 1664 in Pascatayvay River, in +Newe-England, in America, before mee: + +BRIAN PENDLETON, + Comisioner. + + +_18. Deposition of Bartholomew Martin. June 24, 1664._[1] + +[Footnote 1: Mass. Archives, vol. 60, p. 217a.] + +The deposicion of Bartholomewe Martin, Spaniard, passenger and now +aboarde of Capt. John Dowglass: + +That when hee was demaunded of the said Capt. John Dowglass whither +hee knewe if the Shipp did belong unto the Jewes, hee answered that +hee heard Isaac Cardozo a Jewe tell him privately that the Shipp did +belong unto his father in Amsterdam, and that shee was Assigned unto +him by his father from Amsterdam, and that the said Bartholomewe +Martin did see the Jewes bring Quicksilver, and that hee knowes it is +the same which was taken in the _Blew Dove_: as witness my hand this +24. day of June 1664. + +Taken uppon Oath this 12. of July 1664 in Portsmouth, in Pascatayvay +River, in Newe-England, in America, before mee: + +BRIAN PENDLETON, + Comisioner. + + +_19. Commission to James Oliver and Others. July 16, 1664._[1] + +[Footnote 1: Mass. Archives, vol. 60, p. 220. Of the persons +commissioned, Oliver was a prominent merchant in Boston; Hutchinson +was a son of Anne Hutchinson, and was killed in King Philip's War; +Pendleton and Cutts were selectmen of Portsmouth. The signatures are +those of "Richard Bellingham, Deputy" (Governor), and Francis +Willoughby of the Court of Assistants; see document 27. Four days +later, July 20, 1664, Samuel Maverick, coming out from England as one +of the four commissioners to regulate New England, writes to Capt. +Thomas Breedon from Portsmouth, "It hapned, that as wee were ready to +come in, There went out from hence a Pinck [small ship with narrow +stern], taken as a prize by a ship of Jamaica, but by authority from +the Governor of the Massachusetts, the prize was as I understand +seized upon and those that first took her, secured as prisoners by +Capt. Oliver, and carryed for Boston," and he remonstrates against +this as a usurpation of the commissioners' authority. _N.Y. Col. +Doc._, III. 65.] + +Being Credibly Informed of the Arrivall of a ship at Piscatage manned +with persons who have Given just cause of suspition and are suspected +to have seazed the said ship in a way of piracy or in a undue and +Illegall manner, Now that his Maj'ty may have his rights and dues +preserved, his Good Subjects the Right owners and proprietors of ship +and Goods releived wht [without] any such violent seizures + +These are therefore in his Maj'tys name to Authorize and Require yow, +Capt. James Olliver, Capt. Edward Hutchinson, upon Receipt hereof +forth with to repaire to the sd River of piscatage and there to Apply +yourselves to Capt. Brian pendleton and mr. Richard Cutts, who are +hereby Alike Authorized and Joyned in Comission with yow, who together +or any three of yow are hereby Impowred and Required to make seazure +of the Comander, officers and Company of the said ship, whither in +piscatage River or in any other Harbor, port or place within this +Jurisdiction, in Case they shall Refuse to submitt themselves to your +comand Relating to a due triall, to secure the said ship and Goods, +and having so secured them yow are to Convey the said persons, shipp +and Goods to Boston, that so a due proceeding may be had and made +therein according to law and Justice, And that yow may be fully +enabled to dischardg the trust here Comitted to yow, All officers and +Comanders both by land and sea, in those parts, are hereby required +in his Maj'tys name on your warrant and order to be ayding and +Assisting to you therein, for wch this shall be your and their +Warrant. + +Given Under our hands, with the seale of the Colony hereto Affixed, at +Boston in N E. this 16th day of July 1664. + +R B D. F W. + + +_20. Deposition of Daniel Sprague. July (?), 1664._[1] + +[Footnote 1: Mass. Archives, vol. 60, p. 229.] + +I, Danell Sprage, + +when I wasse Cleer and my wages paid me I Could get noe imployment nor +passage, not in three weeks time that I lay there, to goe to the +windward Ilands. then I thought good to goe as to Cammanus,[2] to se +if I Could get passage their, and I saild with one Captaine Hermon +towards the Cammanus, and as wee Came to An iland Called +Camman-bricke,[3] their lay Captaine John Duglasse at Anker. he sent +his boate abord of us to heer what newse from Jemecoe, and we Asked of +them wether they weare bound. the quarter Maistor Answered and said, +wee be bound to the windword Ilands. I Asked of them weither I Could +have passage with them or noe, and hee saide, "I,[4] and wellcome". +then I went Abord with my Chest and Clothes and I staid aboard all the +night and Could not speake with the Captaine, but the nixt Mornin as +soon as it wasse day I spoke with the Captaine. I desired of the +Captaine wether he wasse bound and he told me he wasse looking out for +A shipe that Came from Amsterdam in holland to Jemecoe, Called the +_blew dove_, and said, "if I Could meet with her she is A good prise +for me. I have beene ten or tewlve dayes aseeking after her and Cannot +light of her, but if I Can light of her she is Aprise for me. I have +the king of Portugalls Commishon". I, danell Sprage, [said] unto +Captaine John duglasse, "without your Commishon be very firme and that +you be sure you Can Make a prise of her I desire you not to Come neer +her, for I know what the ship is and Came out of holland in her". he +Answered and said if I would goe a longe with him he would beare me +out in all damages that shuld follow or insue upon me Conserning +takeing of the prise. then the shipe which I Came from Jemecoe in +wasse gon from the Iland over to the Cammanus and their wasse noe +other shipe left but only Captaine John Duglasse. I said unto Captaine +John Duglasse, "shuld I goe with you, and you shuld Come up with this +shipe and take her, and the Company seeing of me they will say that I +have been at the Cammanus and have fetched A shipe one purpose to Make +a prise of them". Captaine Duglass Answered and said that "I and my +Company Can testifie to the Contrarie and as far as my Commishon and +my life doth goe I will beare you out Against all them that shall +qushton you as Conserning the takeing of this shipe: I am Captaine and +I have taken her with my Commishon and I will Answer it". + +[Footnote 2: The Cayman islands, NW. of Jamaica.] + +[Footnote 3: Cayman Brac.] + +[Footnote 4: Ay.] + +thes be the men that Can testifie that they weare ten or twelve dayes +out in the pursuite after thes ship be fore I Came to them: and have +heer unto set their hands. + +the Marke of WILLIAM GIBENS. + [W] +JOHN HILL. These be the two witnesses wich +[*] the Marke of CLINE the Can Justifie that I did desire the + Dutchman. Capt. that, without his Comemishon +THOMAS HUCKENS is Marke. where[5] sure, not to medle + [dot in circle] : with the ship. +SOLEMON BEGENSOUS, quarter + Maistor. The Marke of DANELL HARRESS. +[+] the Marke of HALLIGERT [four connected lines] + YOUNSON. +THOMAS BERKENHEAD. ABRAHAM WILLKESON. + +[Footnote 5: Were; "unless his commission were sure."] + + +_21. Deposition of William Browne. July 25, 1664._[1] + +[Footnote 1: Mass. Archives, vol. 60, p. 223.] + +William Browne, age 17 or 18 yeares, Saith that he was to goe +passenger for England with mr. Robert Cook, master of the Shipe Called +the _blow dove_ of london. the sd. wm. Browne heard the master Say +that the Said Ship did belonge to Sr. wm. Davidson in Amsterdam[2] and +I know that James wattson who came owt of holand befoire the Ship, did +frawght the Sd. Ship with Some goods marked with WD. and I doe not +know certanly whether there was ane S. in the midle or not, and that +the Said James wattson was going with the Sd Shipe first for England +and then for Amsterdam, and that the Sd. wm. Browne did See a Jewe +Marke Qwicksilver and wax, which was Shiped Aboard of the Sd. Shipe, +which Jewe kept a Shope publickly in Jamaica and did dispose of Some +of the goods q'ch [which] came from holdand in the Said Shipe, and I +doe know that there was ane English man Aboard which was a pasenger +which had Some goods A board, as Cocco, 2 Tunne marked with ane O +burned with the Barrell of A mwscket.[3] the Sd Shipe coming out of +port Royall with 10 men or there About, with Some passengers, went in +Company with Captaine Hatchwell to blewefilds bay,[4] a bowte 20 +Leagwes distance from Pt. Royall, and tooke in some watter and Some +Ballace, and being at ane Ankore the Captane of a little Barke with +his Company boarded them and gave them a voly of Shoat, being in +nwmber about 27 men, and being Some what darke the master was Shote in +the Arme and the men of the _blow dove_ were put in the howll of the +Shipe: and then the Asaylants Cut the Cables, and Caryed away both +veshells and them, untill they came to poynt Niggereell,[5] where they +met with ane English barke coming from Caymanws and bownd for Porte +Royall in Jamaica, where they putte the Said mr. of the _blowe dove_ +Aboard According to his desire and furnished them with Some victwales +and a Caise of Spirits: and after they were gone owt of Sight they +lasht there barke aboard of the prise and took most of there things +owt of her and Let her goe Adrifte. + +[Footnote 2: See document 27.] + +[Footnote 3: Musket.] + +[Footnote 4: This Blewfields Bay is at the SW. side of Jamaica.] + +[Footnote 5: Cape Negril.] + +There was Aboarde the Shipe when shee was taken from Ro't Cooke bowt +48 hogsheads of Sugar, Some Cocco, Ebbony, Granadilla, Brasilita,[6] +Oakem, Stockfish, match, Qwick Silver 29 or 30 Chists, 2 gold Crownes +with diveres other Jewelles, 1 Barill of knives, Some Swords, 1 Barill +with Sheathes and Corvall, 60 Jares of oyle, 9 Caises with Spirits, 7 +or 8 packes of whyte waxe, Lignavita, Gwmme about 5 or 7 pak. + +[Footnote 6: Braziletto, a wood resembling brazil-wood.] + +Taken upon oath this 25th of July 1664 befor me + THOMAS SAVAGE, Commiss'r. + +Acknowledged in Court 5th August 1664. + EDW. RAWSON, secret. + + +_22. Deposition of Robert Lord. July 26, 1664._[1] + +[Footnote 1: Mass. Archives, vol. 60, p. 224.] + +The deposition of Robert Lord aged 42 yeares July 26, 1664. + +Saith + +That being at Jamaica about the moneth of January last past, there +came in the pincke _blew dove_ which was seized at sea betweene +Hispaniola and Jamaica by John Morrice Captn. of the _Virgin Queene_ +(an english man of war), who putt two or three of his men aboad to +bring her into Jamaica harbor, hee with his man of war bearing her +Company neere to the harbour; when the sd _blew dove_ had bin three or +foure daies at Jamaica there was a Court of Admiralty appointed for +the triall of the sd _Blew-dove_, it being expected by the sd Captn. +Morrice and Company that the sd Ship would have been a prize to them, +and their great Argument was that they were sailing towards Cuba +before they had seized them, and that they were laden with ammunition +and goods sutable to the spanish trade: but uppon triall in the Court, +their billes of Lading appeared that they were bound to Jamaica, their +cocketts and dispatches being cleere from the Kings Custome-house at +Dover; this deponent speaking in Court to Sr Charles Littelton (then +sitting Judge of the Court)[2] that hee knew the Master Robert Cooke, +and that hee lived in Ratliffe[3] neere to him, which also testifies +Captn: Isack Bowles Comander of the _Blackmore_ (one of the Royall +Companies Ships),[4] the Governor (Sr Charles Littelton) did thereupon +declare them to be a free ship, and to have their liberty of trade as +any other Ship whatsoever that was then in the Harbour; And further +saith that the aforesd Captn. John Morrice told this deponent that hee +had hoped to have had a good prize of the _blew-dove_, but hee gott +nothing of them but an English Ensigne, and a hogshead of strong +beare, and that the sd _Blew-dove_ came in with English colours, and +did on all occasions weare them. + +[Footnote 2: Lord Windsor was governor of Jamaica in January, 1664, +Sir Charles Lyttelton deputy governor.] + +[Footnote 3: Ratcliff, London.] + +[Footnote 4: Bowles was one of the captains, and the _Blackamoor_ one +of the ships, of the "Company of the Royal Adventurers of England +trading into Africa", the predecessor of the Royal African Company.] + +Taken upon oath, 27: 5: 64. Before me + ELIA. LUSHER. + + +_23. Deposition of John Hunter. July 26, 1664._[1] + +[Footnote 1: Mass. Archives, vol. 60, p. 225.] + +John Hunter Aged a bout 40 years deposeth and sayth + +That this deponant was shipped by Captaine Robert Cooke, Commander of +the _blew dove_ of London so Caled, to sayle as a sayler in the said +shipp from Jameco to Dover and so for Amsterdam: the time this +deponant was shipped was about the begining of Aprill Last past in +Jameco. + +This Shipp _blew dove_, as I was informed by the people in Jameco, was +brought in by a Captaine of a privat man of war uppon susspition that +shee was to trade with the Spaniard as a hollander, haveing Jewes +Goods on bord as thay Alleged, but was there Clered by the Governer, +sir Charles Littelton, and had fower moneths trade there afterwards. +this was the Common report of the people there. farther this deponant +testifieth uppon his owne knowlidg, being about two moneths a seaman +uppon the said Shipp before shee was taken, and when wee Came out of +Jameco wee had a let pas[2] from the Governer to saile to dover and +there to pay the Kings Customs and from thenc wee were to sayle unto +Amsterdam and to deliver our goods unto Sir william Davis[3] or his +order, as the bills of Lading maketh manifest, which this deponant did +see in the hands of Captaine Dugles Now a prisner, who desired this +deponant to Reade the bill of Lading unto him at sea as wee were +Coming in to these parts, allso a nother bill of Lading for sum smale +quantitie of wax and quicksilver which belonged unto a Jue, as I did +aprehend. also I red a nother bill of Lading for severall goods +belonging unto an Englishman Living in Jameco, who was going passenger +for dover in the said shipp, but was turned a shore in blewfilds bay +as the rest were by the said Duglas and his Company. farther this +deponant testifieth that Captaine Duglas was at Jameco and did here +that this shipp was there Clered and did then tell this deponant that +hee would take this shipp, which this deponant towld him hee Could not +Legally doe for shee beelonged unto Sir william davis in Amsterdam, +his maisties Resident there. this deponant did acquaint Captaine Cooke +what the said duglas said. farther this depont testifieth that when we +were in blewfilds bay this duglas Came Rowing upp with two oars about +eight of the Clock at night. Wee haild them and Asked whenc thay were +and thayer Answer was, from the Barbados. wee Asked who was there to +friend. thay Answered peter prier,[4] who said thay had lost Camanos +and were going to seeke for it Againe, but presently thay Clapt thayer +helme a starbord and shered Abord us giving a volly of smale shott, +in which thay shot our master through the Arme, and so Came on bord +and beate us doune in to the howld without Asking of us what wee weare +and so Cut our Cable and presently put forth to sea. farther this +deponant testifieth that two of the sailers being Englishmen Leaft the +said Captaine Cooke at Jameco, uppon which the said Cooke was forced +to shipp this deponant and a nother. and farther this deponant sayth +not. + +[Footnote 2: Let-pass, a permit; see doc. no. 130.] + +[Footnote 3: Davidson; see doc. no. 27.] + +[Footnote 4: Probably a pun on "pry", to fob off intrusive +questioning.] + +Taken upon Oath the 26th of 5th mo 1664 + before mee ANTHONY STODDARD, Comissr. + +owned in Court 5th August 1664 EDW. RAWSON. + + +_24. Deposition of Charles Hadsall. July 27, 1664._[1] + +[Footnote 1: Mass. Archives, vol. 60, pp. 231, 232.] + +The deposition off Charls Hadsall, aged forty six years or +thereabouts: + +Testefieth and saith that mr Robt Cooke, Comandor of the shipp _blew +dove_, together with my selfe Comandor of the shipp _Lucretia_ sett +sayl from port Royall harbor In Jemaicah with free Lett Pases from +Collonall morgan deputy Governer of Jemaicah:[2] And Coming down In +Company to blew feilds bay where we Came to An Anchor to fetch our +wood and watter on board and as soon as we were at anchor there Came +of a Conoo from Capt John Dowglas Lying Closs under the shoar on board +of my shipp with two men for to Inquire among my men whether I woold +Ingage to defend the shipp _blew dove_, I then being on board of her +the said shipp _blew dove_, with Squire wattson, Marchant of the said +shipp, with whome I went a shoare: and Coming on board about seven a +Clok In the Evning with squire wattson to the shipp _blew dove_ and +having taken my Leave of him went on board of my owne shipp: and halfe +an hour after there Came a Conoo from the vessell of sd Dowglass on +board of my shipp _Lucretiah_, where I demanded of the said men that +Came In the Conoo whether they were bound: and they Replied for the +Camanes, which they said they were formerly bound for and had mist: +and now pretended they woold goe with mee to Cemanes: And further +saith that they said they woold be at new england before mee. I +Replied, "In whatt shipp": they said It was no matter In whatt shipp: +and while these men were discoursing with mee Dowglas his barke Clapt +the shipp _blew dove_ on board, Cutt her Cables and sett sayle, and +the men that were on board my shipp with me went away on board the +said shipp _blew dove_: and soe went away, and three days after the +master, marcha[nt] and sum of the Company being putt Into a small +vessell Came Into blew feilds bay where I then Rod att Anchor and I +going on board of them, saw the master of the shipp _blew dove_, shott +In the arme, who told mee that they the said dowglass and his Company +had took all they had from them only the Close uppon his back: And +further this deponent saith that squire wattson told him that the +shipp _blew dove_ belonged to Sr Wm Davison and Captain Taillur: and +that the master and marchant of the said shipp told mee there were +Letters on board of the said shipp _blew dove_ for his majesty and the +duke of yorke:[3] being such Letters as were Considerable. And further +saith that the master and marchant of the shipp _blew dove_ told mee +that there was In Jewells on board of said shipp to the vallue of +three hundred pound sterling and about thirty Chests of quik silver +and sugger he said was on board but I have forgott whatt quantity he +spake off. And further this deponent saith that the shipp _blew dove_ +Rod In Jemaicah severall sabbeth days with her english Cullers out. + +[Footnote 2: Col. Edward Morgan, commissioned deputy governor January +18, did not reach Jamaica till May 21 or 22. _Cal. St. P. Col._, +1661-1668, pp. 182, 211.] + +[Footnote 3: The king's brother, afterward James II.] + +Taken upon oath 27: 5: 64 + Before me ELIA. LUSHER. + +owned in Court 5th August 1664 by the sd Hadsell + E.R.[4] + +[Footnote 4: Edward Rawson, secretary of the council.] + + +_25. Petition of John Douglass. August, 1664._[1] + +[Footnote 1: Mass. Archives, vol. 60, p. 230a. In response apparently +to this petition, the General Court on August 8 ordered 40 shillings +to be given to Captain Douglas, and 20 to each of his men, "to +preserve them alive till they can provide some honest imploy for +themselves, and that their particcular cloathes, so cleerely prooved +[_i.e._, if clearly proved to be theirs] ... be ... delivered to +them." _Records of Mass. Bay_, IV., pt. 2, p. 128. But the capture was +declared illegal.] + +To the honored Governor, Deputy Governor, Majestrates and Deputies of +this honoured Generall Court now sitting in Boston in the +Massachusetts Colonie of New England. + +The peticion of captayne John Duglas late Commandor of the Prise +called the _Blew Dove_ of Anserdam in behalfe of himselfe and Company +(servants and seamen to the said Ship belonging), whose names are +hereunder Subscribed. + +Humbly shewing, That whereas the said Ship was seized uppon at +Puscataque in his Majesties name about the eighteenth-day of July-last +with all the Seamens chests and Clothes save what they have on their +backs, And that the said Seamen have bin here about fiveteene dayes +without any allowance from the Countrey and not a penny of money to +releeve themselves, so that they had perished eare this tyme had they +not bin releeved by som freinds, some of which company have bin +without victualls three dayes together, They humbly crave this honored +Court that they may have a speedy triall whether their prise be a +lawfull prise or not, otherwise that they may have their chests, +clothes and armes, which request of your Peticioners they humbly crave +may be taken into Consideration and they shall, as by duty they ar +bound, pray, etc. + +JOHN DOUGLASS. + +THOMAS BERKENHEAD. JOAN CLOBARTEXE [?]. +THOMAS MARTTIN. LAMESTE [?] +ABRAHAM WILKERSON. WILLIAM GIOTTE. +HALLIGAR JOHNSON. JOHN HORRE. + his [X] marke his [+] Marke +MIHILL HENDERSON. PIERRE PERWALLE. + his [MH] marke SOLOMON. +CLINE the Dutchman. + his [X] marke JOAN PAGE. + + +_26. Plea of John Douglass. (August 8?), 1664._[1] + +[Footnote 1: Mass. Archives, vol. 60, pp. 271, 272.] + +The tenth day of October, one thousand Sixe hundred Sixtey and Tow, +One Capt John Daglas Brought one Commision from the king of Portugall, +Sayling out of Lisborren[2] for to Make ware according to His +Commision in his Ship Called _St John_, force 4 Gones, with men and +Amunission Convennent, to Make Ware with the Ennemes of the Sayed +king. + +[Footnote 2: Lisbon.] + +Having lived about the time of 4 or 5 Monthes about the Ilandes of the +Canares with out taking any Prise, this same Capt. tucke Resselution +to Sayle to wardes the Endges[3] with his Ship and Men, and After Som +dayes of his Arivall to this Enges, som thing Neare the Iland +Martenekea[4] he Mett with a man of ware. the Sayed Captaine dagles +was ingadged to fight having a great many of his Men kild and wounded +and hee him Self Deapley Wounded with a Shote from a Mosquit, the whch +Shote Bracke his Arrem, and was in danger of his Life. + +[Footnote 3: Indies.] + +[Footnote 4: Martinique.] + +And for his helth he and his men was forcest to Retier to the Iland of +Monseratt, inhabeated by the Engles under the Goverment of Correnall +Roger Asborn.[5] thare this Sayed Capt. was Courtiously Receved by +this Sayed Govenar and brought him a shoure, whare hee was in dyett +and dwelt a twel month upon this sayed Iland in which this his Sayed +Ship which he brought Out of Lisborne Perresed[6] thare and was +uncapabell of the ware. + +[Footnote 5: Col. Roger Osborn.] + +[Footnote 6: Perished.] + +Afterward the Sayed Capt. Dagles he went to Jemekea and the Jenerell +of the Iland of Jemekea did Exammine the Commision of Capt. John +Dagles, and having found itt Good the Sayed Jenerall gave him +Permision to baye[7] a frigat for the Sayed ware according to his +Commision, and touck men, Arrems and Amunision for the ware with the +Ennemis of the king of Portagall, and the Sayed Capt. John Daglas +Sayeled from the Iland Jemeake with permision of the sayed Jenearell. + +[Footnote 7: Buy.] + +And about 3 Mounth After Sayling out of thees harbor Jemeke, this +Sayed Capt. Dagles had Nouse by Severell Engles Vessells that thar was +a vessell Redey to Sayell Out of the harbor of Jemeake loden by the +Jues under the king of Spaine, and the Sayed Captaine vas very +Diligant to mite with the Sayed Shipe, the which Shipe was called the +_blau Duff_, mr. Robart Coxe Commander, and this Sayed Capt. John +Daglas had knowledge of this sayed Shipe in the baye of blue fild, +whare no one Inhabeted, distant 32 Leages from the harbor of Jemekea, +the which Capt. went with his Sayed frigett and found a Commission +from the Engea Compenia of Ansterdam,[8] With letters and loden from +thes Jues for Ansterdam, and after that toucke the Depousision of 5 +prisnores, the which did all Declare that the Sayed Shipe did Beloung +to Ansterdam and bound for Ansterdam with his loden, and the Sayed +Prisnores Gave the Sayed depusison befor Capt. Pemmellton,[9] Chefe +Justes in Pescatabay. + +[Footnote 8: The Dutch West India Company, Amsterdam Chamber.] + +[Footnote 9: Pendleton.] + +And After the Sayed Capt. John Dagles toucke the prise, Sayled outt of +the Channell Called bahem[10] and Steared his Cource to Sayle into +portag'll with this his Sayed Prise, to give knowledg to the king of +portugall, in which Sayed vaydge wanting vettiells and watter he +Arived in Now England for to tack watter and fitt his Ship for this +his Sayed vaydge to portugall. + +[Footnote 10: The Bahama Channel.] + +And [after] he did Arive att the port of Pescatabay, the Sayed Capt. +Daglas Did Send ashore one of his Offecers to the Sayed Capt. +Pemmellton, Justice of Putatabay, desiering Permision to watter and to +give him libertey to sell som goods for to baye vittells and to be +goine in his vaydge to Portugall. + +And upon his Desier the sayed Justase Capt. Pemmellton Sent word to +the sayed Capt. Dagles that hee was verey wellcom and that he had his +libertey to doue in seviletey[11] what his mind was and upon this his +word the sayed Capt. Dagles was Obleged to him. + +[Footnote 11: To do in civility.] + +And After 8 Dayes the touck the Sayed Capt. Dagles prisnor and his men +and seased upon his vessell and goods and pout all his men out and +pout outher men abord, the which did Plonder me and my men Just to +Ouer Sherts. + +Sertenly itt tis a very Sad Cace that a Jntallman[12] of his qualetea +Should youse a stranger soe unsivell, because of the Aleance between +the Crounes,[13] and not to give him libertey to goe a bout his +bousnes--and he had seased my Commision and all my paperes as if I +ware an Enneme to the Croune of England. + +[Footnote 12: Gentleman.] + +[Footnote 13: Of England and Portugal, 1661.] + + +_27. Power of Attorney from Sir William Davidson. September 13, +1664._[1] + +[Footnote 1: Mass. Archives, vol. 60, pp. 259-261. In the _Calendar of +State Papers, Colonial_, 1661-1668, p. 284, appears a letter from King +Charles II. to the governor of Jamaica, March 1, 1665, in which he +speaks of Douglas's piratical seizure of Davidson's ship, and declares +that he (the king) has written to the governor and council at Boston +to apprehend the pirate, but has heard nothing of them.] + +Bee it knowne Unto all men by these presents that on the Thirteenth +day of the month of September, Anno domini one thousand six hundred +sixty and Foure, And in the sixteenth yeare of the raigne of our +soveraigne Lord Charles the second, by the grace of God King of +England, Scotland, Frannce and Ireland, defendor of the faith, etca. +Before me William Allen, notary and tabellion publicke dwelling in +this Citty of London, by the Authority of the said Kings Majesty +admitted and sworne, and in the presence of the witnesses here after +named personnally appeared Sir William Davidson, Knight and Barronett, +his Majestyes Royall Commissionner at Amsterdam in Holland, etca., at +present in this Citty of London, one of the Gentlemen of his +Majestyes privy Chamber in ordinary; + +Who hath declared that Whereas The ship or Vessell lately Called the +_Blew Dove_ of London, where of Robert Cooke of Ratcliffe was lately +master and James Watson servant to the said Sir William Davidson Supra +Cargoe on the said shipp, or by whatsoever other name the said ship +may be Called or knowne, Together with all her Loading of Sugar, +quicksilver, Cacau, Tobaccoe, Brazillet wood, and other goods, +merchandises, silver mony, and other things whatsoever, lately loaden +at Jamaica by the servants of the said sir William Davidson, was (as +hee the said William Davidson is Certainely informed) villanously and +Roguishly taken by Pyratts, Rovers, and Theeves, Comeing from Jamaica +aforesaid; and Brought upp to Boston in New England, or thereabouts; +Now hee the said Sir William Davidson hath, in the best manner way and +forme unto him possible, made, ordained and Constituted and by these +presents in his stead and place doth make, ordaine and Constitute Mr. +Francis Willoughby of Charles Towne in New England, merchant,[2] his +true and lawfull Atturny, Giving and by these presents graunting unto +his said Atturny full power, Commission, and lawfull authority, for +and in the name and to the Use of the said Sir William Davidson, to +demaund, sue for, leavy, recover, receave and take possession of the +said shipp lately Called the _Blew dove_ of London (or by whatsoever +other name shee may bee Called or knowne), And all furniture and +appurtenances to her belonging, Together with all her Loading of +sugar, quick silver, Cacau, Tobaccoe, Brazillet wood, and other goods, +merchandises, silver mony, and other things whatsoever, And to make +and give such acquittances and discharges as shall be requisite, And +in all thinges to follow the orders and directions of the said Sir +William Davidson; And further to take, seize upon, and apprehend the +said Pyratts, Rovers, and Theeves, and prossecute them according to +law, And if neede bee by reason of the premisses to appeare before +whatsoever Lords Judges and Justices in any Court or Courts, there to +answere, defend and reply in all matters and Causes touching or +Concerneing the premisses, to doe, say, pursue, Implead, arrest, +seize, sequester, attache, Imprison, and to Condemne, and out of +prison againe to deliver; And further generally in and Concerneing the +premisses to doe all thinges which hee the said Sir William Davidson +might or Could doe if that hee should be then and there personnally +present, with power to substitute one or more Atturnyes under him with +like or lymmitted power and the same againe to revoake; And the said +Sir William Davidson doth promise to rattify, Confirme, allow and +approove of all and whatsoever his said Atturny, or his substitute or +substitutes shall lawfully doe, or Cause or procure to bee donne, in +and about the premisses, by vertue of these presents; In witnesse +whereof the said Sir William Davidson hath signed, sealed and +delivered these presents; + +[Footnote 2: Deputy-governor of Massachusetts 1665-1671.] + +Thus donne and passed at London aforesaid in the presence of Captaine +John Tailor of London, merchant,[3] and Mr. Nicholas Corsellis alsoe +of London, merchant, as witnesses hereunto required. + +[Footnote 3: Willoughby's father-in-law. Waters, _Genealogical +Gleanings_, pp. 970-977. Corsellis was a Dutch merchant in London.] + +JOHN TAYLOR. WILLIAM DAVIDSON. +NICOLAS CORSELLIS. + +In testimonium veritatis + WM. ALLEN, Not's Pub'cus, + 1664 + + + + +THE _PROVIDENCE_. + + +_28. Certificate of Cornelius de Lincourt. April 12/22, 1673._[1] + +[Footnote 1: Suffolk Court Files, Boston, no. 1257, paper 11. There +was war between England and the United Provinces, 1672-1674. The Dutch +privateer _'s Landswelvaren_ (Commonweal) captures the _Providence_ on +April 4/14, 1673, and puts on board her a prize crew. The two vessels +become separated. On April 11/21 the _'s Landswelvaren_ makes prize of +the ketch mentioned in this document, in which Captain de Lincourt +presents the ketch, by way of consolation, to the master of the +_Providence_. On April 12/22 the prize crew of the _Providence_, by a +ruse, possesses itself of the _Little Barkley_, but presently both +English crews separately recover possession of their vessels, and they +separately make their way to Boston. Raddon, master of the +_Providence_, arrives there later.] + +Lett it bee knowne to all kings, princes and potentates in Christendom +and to all those that it may Concerne, how that upon the 21th day of +aprill 1673 before the River of Virginia have taken and overmastered +Under the Comition of his highness my lord prince William the third of +Oringe, taken a Cetch called _Dergens_ [?] Coming from Boston out of +new england, goeing to the River of Virginia, whearof was skiper John +Cox, which ketch I was intended for to burne or to sinck, but after +severall Considerations I doe give the same ketch and all that belongs +unto her freely and liberaly unto the honorable Capt. Thomas Raddon +and Mr. Joseph Fox, whoe both likewise weare taken by mee, to have and +to hold as their owne Ketch and to dispose thereof to their owne +Content. + +Signed by mee in the Ship Called _Slanswelvarn_ at sea the 22th day of +Aprill 1673. + + CORNELIS DE LINCOURT. +Stierman, JAN CORNELISSE. +Stierman, PIETER GERRITSZ. +bootsman,[2] THOMAS SEVERS. +Constapel,[3] ANTONI FERO. +Schyman,[4] JACOB WALLE. + +[Footnote 2: Boatswain.] + +[Footnote 3: Gunner.] + +[Footnote 4: Boatswain's mate.] + +I the underwritten do acknowledge that this above mentioned act is +done and signed in the presence of my officers and signed by them +before skiper Cox, Master of the above mentioned ketch, dated as +above. + + CORNELIOUS DELINCOURT. +Copia vera. G. SWERINGEN. + + +_29. Deposition of John Johnson and Henry Harris. April 26, 1673._[1] + +[Footnote 1: Suffolk Court Files, Boston, no. 1257, paper 19.] + +The depositions of John Johnson, aged 18 yeers, steersman, and Henry +Harris, aged about 24 yeers: + +These depon'ts testifie and say that they these deponts together with +severall other seamen belonging unto Flushing, under the comand of +Capt. Cornelious Lincort, Comand'r of the shipp _Slandt Welvaeren_, in +English the _Comonwelth_, by vertu of a Comisson from his highness the +prince of orange, we came up with the _Providence_ of Falmouth (who +was bound to Virginia) in the Latitude of 36: and 40: and tooke her, +which when taken these depon'ts and ten more were put on bord her to +Keepe and secure her, and after wee had been on bord some hours, in +the night wee lost our own shipp and saw them no more, and about seven +dayes after wee came up with a Londoner and thinking to take him, four +of our company went on bord in the night but never returned, and the +next day after the English that belonged to the sd Ship _Providence_, +and some of the other ship before mencioned that wee had on bord with +us prisoners, rose and retook her and suppressed us and have brought +sd shipp and us into Piscattay River. + +Grt Island[2] the 26th April 1673. taken upon oath by the persons +above named before me + +[Footnote 2: Great Island, lying in the mouth of the Piscataqua River; +at that time a part of Portsmouth, now New Castle, N.H.] + +ELIAS STILEMAN, Comisr.[3] + +[Footnote 3: From 1658 to 1679, under the Massachusetts government of +New Hampshire, Elias Stileman was a magistrate and county commissioner +for Portsmouth.] + + +_30. Petition of Edward Bant. About April 28, 1673._[1] + +[Footnote 1: Suffolk Court Files, Boston, no. 1257, paper 1.] + +To the Honorable County Court now sitting in Boston The humble +petition of Edward Bant on the Behalf of himself and the rest of the +Company belonging unto the Ship called the _Little Barklay_, being +five men in number, Humbly sheweth + +That they your Hon'rs petitioners, with the sd ship, were taken about +Eighty Leagues East and by North from the Capes of Virginia by a Prize +formerly taken by Capt. Cornelius Lincoint, commander of a ship +belonging to Flushing called in English the _Commonwealth_. And the +next day following the Commander of the said prize went on board the +said _Barkley_, intending to have taken out her goods to put them on +board his own vessell, whilst wee your petit'rs were on board his +vessell as prisoners held in the Hold. And then the English Company +remaining on board the sd. _Barkley_ surprized them, the sd. Commander +and his Company, and sailed away with them. And about six hours after, +your petitioners, together with the other English men belonging to the +aforesd prize (when in possession of the English), made an +Insurrection and took the ship by violence from the Dutch men and have +brought her into the harbour at Puscataqua with eight Dutch men +prisoners in her, and her goods and Loading secured in the wearhouse +of Mr. Nathaniell Fryer.[2] + +[Footnote 2: Merchant and county commissioner in Portsmouth.] + +Whereupon your Hon'rs serious wise Consideration of the premises your +petitioners humbly pray your Hon'rs be pleased to order what salvage +they shall have out of the said ship and cargo now in Puscataqua, and +that with all expedition that may be, because they are all Strangers +and willing[3] to returne to their hoames, And lying here upon great +Charges, having nothing but what they borrow and cloathes on their +back. And as in duty bound they shall pray for your prosperity, etc. + +[Footnote 3: _I.e._, desirous.] + +8 May 1673. At a Court of Assistants on adjourmt. + +In ans'r to the petition of Edward Bant in behalfe of himself and +fower seamen, the Court judgeth it meet to order that Mr. Nathaniel +Fryer allow and pay the sum of fiveteene pounds for their salvage, +taking their receipts for the same. + +past. EDW. RAWSON, Secre'ty. + + +_31. Order of the Suffolk County Court. April 29, 1673._[1] + +[Footnote 1: Suffolk Court Files, no. 1257, paper 6.] + +At a County Court held at Boston Aprill 29th 1673. + +In answer to the petition presented to this Court by Henry King and +Edward Bant who lately brought into the River of Piscataquay the Ship +_Providence_ of Falmoth, whereof said King was Mate in a voiadge from +England to Virginia, in which voiadge they were surprized by a Dutch +man of War,[2] and by the Petitioners and Company rescued out of +theire hands: who have since Surrendred the said Ship and her loading +into the hands of Mr. Nathaniel Fryer for the Securing and looking +after both in behalf of the Owners. + +[Footnote 2: The term then included privateers. The _'s Landswelvaren_ +was not a public vessel.] + +This Court doe order and Empower Mr. Elias Stileman and Mr. Henry +Deering, together with said Fryer, or any two of them, to take a +particular acco't of the state of said ship, and to Inventory the +Goods brought in by and belonging to her, and to make provition for +the Securing of both for the right Owners, making a return thereof to +the present Dept. Govr. by the 7th of May next, and the said Fryer is +further ordered to disburse for the Company arrived in the said Ship +what may bee for the Supply of theire present necessities, and also +order that hee take care that the 8 Dutch men brought in prisoners in +the saide Ship bee forthwith brought to Boston before Authority, to be +disposed of as the matter may require, and for the other parts of the +petition's, touching Salvage or wages, The Court refers them to the +Counsell at theire next meeting. + +Copia vera per ISAAC ADDINGTON, Cler.[3] + +[Footnote 3: Afterward speaker 1685, assistant 1686, councillor and +secretary of the province 1692-1715.] + + +_32. Petition of Henry King. April 30, 1673._[1] + +[Footnote 1: Suffolk Court Files, no. 1257, paper 4.] + +To the Hon'able the Deputy Governor and Majest's[2] now assembled in +Court. + +[Footnote 2: Magistrates, or members of the Court of Assistants.] + +Hen. King. + +Humbly Recommendeth to your worships candid consideration his present +case and Condition, hoping to obtaine your worships Juditious +approbation therein, to the end and intent that all persons Conserned +and Related to the ship _providence_ of Falmouth, which was taken by a +Dutch ship of warr on the 4th instant[3] about 40 Leagues short of the +Capes of Virginia and Retaken again by the means and directions of +your suppliants, who requeste that your worships will please to Grant +orders that your petitioner and those other seamen belonging to the +said ship who were asistant in Retaking her may have their wages +according to agreem't, from the time of their being shipt till the +said ship _providence_ with her Loading was brought into pascataqua +River and there put into the Custody of Mr. Nathaniel Fryar, who is +the Correspondant of one of the Owners of said ship with her Cargoe, +where she is to Continue till orders from authority or instructions +from the proprietors. Boston 30 Apr. 1673. And Your Petitioner shall +Ever Pray. + +[Footnote 3: April 4, old style, the style still used by the English +in 1673; April 14, new style, the style used by the Dutch, as in +document no. 28, above.] + +At a Court of Assistants held in Boston on adjourm't, 8 May 1673. + +In answer to the petition of Henry King in behalf of himself and the +six seamen according to their Portlidge bills[4] Given into this Court +with their declaration, the Court Judgeth it meete to Grant and order +that Mr. Nathaniell Fryer pay them their severall wages, he taking +their receipts for the same. Past by the Court, as Attest + +EDWARD RAWSON, Secrety. + +[Footnote 4: A mariner's portage or portledge was originally his own +venture in the ship, in freight or cargo, but by this time "portledge +bill" frequently meant merely a list of sailor's claims for wages or +allowances.] + + +_33. Inventory of the Providence. May 5, 1673._[1] + +[Footnote 1: Suffolk Court Files, no. 1257, paper 16. In the margin of +the original document, each indication of a parcel (such as "a large +hhd.") is accompanied by a representation of the monogram or other +symbol which the parcel bore as a distinguishing mark.] + +An Inventory of the goods and things taken into the custody of Mr. +Nathaniel Fryer that came in the Shipp _Providence_ of Falmouth, of +which shipp Mr. Henry King was Mate in a voyage from England to +Virgenia but now Master. + +_a large hhd._ + +13 pa. fr. falls[2] +11 pa. pl.[3] shooes + 1 wier kage + 6 pa. mens wollen hose +12 pa. Irish cloath hose + 2 old hatt + 2 new shirts + 2 p'ces shearge +20 pa. worsted hose + 1 p'ce blue linnon 28 + 1 dito 29 + 1 dito 44 + 1 halfe p'ce lockram[4] + 3 halfe pound of wt. thread + 1 lb. browne thread + 1 paper col. filleting + 1 paper col. thread about a ld. + 1 p'ce sheeting canvas 123 +27-1/2 yards dowlas[5] + 1 coat } + 1 dublet } part worn + 2 pa. briches } + and oakum to fill up the hhd. that these things were in. + +[Footnote 2: French (?) falls; a fall was a collar falling flat around +the neck.] + +[Footnote 3: Plain.] + +[Footnote 4: A linen fabric.] + +[Footnote 5: Coarse linen.] + +_a large hhd._ + + 1 doz. 10 paire mens fr. falls + 4 pa. pumps with heeles + 2 saddles + 7 curb bitts + 6 snaffall bitts + 1 pa. black head stall and raynes and crupp and breastplate + 1 dubble girt + 4 halters + 1 doz. white raynes and headstalls + 6 pa. white stirrup leathers + 1 doz. pa. boyes and girles shooes + 2 doz. 1/2 mens pl. shooes + 1 p'ce kersie no. 1: 26-3/4 + 1 p'ce dito--2:26 + 1 p'ce. searge + +_a little hhd._ + + 6 large pewter basons + 3 large Iron shovels + 1 curb bitt + 1 side saddle and furniture + 2 doz. pa. mens fr. falls +10 pa. mens pl. shooes + 2 pa. woodden heele weo.[6] shooes + +[Footnote 6: Women's.] + +_a little hhd._ + +40 pa. fr. falls and woodden heele shooes for men and w. +18 pa. mens pl. shooes + 2 pa. boyes pl. shooes + +_a broad hamper._ + + 5 doz: 1/2 low crowne black hatts + + * * * * * + + 9 reams of paper Damnified[7] + 2 peeces of haire cloath ell wide + a small baile of 2 small p'ces of small canvas + 1 p'ce ell wide fine canvas in a bundall + 1 p'ce Lockram } + halfe a peece fine dowlas } in a bundall + +[Footnote 7: Damaged.] + +_a box._ + + 3 gounds[8] + 2 Jasto Corps[9] + 4 stuffe coates for men + +[Footnote 8: Gowns.] + +[Footnote 9: Justaucorps.] + +_a box._ + + 2 stuffe vest for boyes + 2 boyes little coates + 2 childrens coates + 2 scarlett parragon[10] coates + 2 childes parragon coate + 1 boyes coat + +[Footnote 10: Double camlet.] + +_a box._ + + 5 coates and briches for men + 2 weo. Stuffe gounes + 2 mens cloakes + +_a box._ + + 1 p'ce blue linnon + a small parcell dowlas + a small parcell lockram +22 small bundles black thread + 1 doz. mens white worsted hose, ratt eaten + +_a box, the baile in it._ + +13 peeces blue linnon + +_a box._ + +23 low crowne black hatts +16 p'ces of taffeta ribbon severall colours +20 p'ces of black dito + +_a box._ + +12 peeces blue linnon + + * * * * * + +a barrell of powder + +_a small box broak open._ + + 7 yards ticking +28 yards blue linnon + 2 pa. weo. parragon bodices and Stomegers[11] +17 yards 1/2 of Stuffe + 1 lb. black thread + +[Footnote 11: Stomachers.] + + * * * * * + + 1 small barrell of nayles + +_a great chest._ + + 7 peeces kersie + 2 p'ces red playnes[12] + 1 p'ce white cotton +12 grose coat button + 2 doz. pins + 4 peeces galloune[13] + 3 papers white filleting +12 peeces white tape + a paper sewing and stiching silks about a ld. + 6 paire woe. parragon bodices and stomegers + 6 pa. childrens bodices + +[Footnote 12: Flannel.] + +[Footnote 13: Narrow braid of gold, silver, or silk thread.] + + * * * * * + + 2 brass panns +69 Duch blue potts + 2 small sloope sayles + 3 small quoiles[14] cordidge + 4 quarter casks of brandy + 2 puncheons of mault + 3 small casks of wine, 1 pt out sd to be Masters. +40 white Jarrs of oyle +13 doz. stone bottles +11 barrells of Bread + 1 old missen + 1 old fore saile + 1 new fore topsaile + 1 maine topsaile + 1 maine saile + 1 fore saile + 1 maine topsaile + 1 Ensigne[15] + 1 Jack + 1 pennant + 1 long boats new maine saile and fore saile + 1 sprittsell topsaile + 1 new spritsaile + 1 maine saile + 1 missen top saile + 1 missen + 1 old fore topsaile + 1 fore topsaile + 1 old fore saile +fore bouelings and braces and clue garnets[16] +fore Jeere +buntlins and fore topsaile clulings +fore + top mast stays + topsaile bouleings and lifts + topsaile sheets + topmast backstayes + topsaile tie and halliards + tacks + topmast shrouds + sheets + sheet blocks + Topsaile sheets blocks +Maine boleings--missen Brailes +Maine topsaile lifts +Maine + topsaile braces + brases + topsaile tie and Halliardes + clue garnetes + leich linees + topmast backstaiees + topmast sheets + topmast shroudes + buntlins + topsaile bowlelings + tackes + topmast clulings and lifts and maine Jeere + topmast staye, topmast buntlins + sheets, sheete blocks + +[Footnote 14: Coils.] + +[Footnote 15: The ensign was the ship's chief flag. The jack was a +small flag, in this case no doubt the union jack, combining the +crosses on the flags of England and of Scotland, and was at this time +commonly flown at the spritsail-topmast head.] + +[Footnote 16: Of the various ropes here mentioned, bowlines and brails +ran to the perpendicular sides of square sails, buntlines across their +fronts; clew-garnets and clewlines were tackles for clewing up the +lower and the upper square sails respectively, jeers for hoisting the +lower yards; lifts ran from the masthead to the yard-arms, leech lines +to the sides of the topsails.] + +_What in 3 Chests (of the Seamens)_ + +_No. 1._ + + 4 horse whips + 1 weo. coat + 3 doz. thread laces + 2 pa. childrens hose + 1 grose brest buttons + 1 p'ce diaper tape + 3 pocket paper bookes + 2 whisks + 1 band + 1 silke neck cloath + 1 demity wastcoat + 1 old shirt + 2 yards striped linnon + 6 yards Stuffe + 1 p'ce kersie + 1 coat + 1 pa. briches + 3 forestaffs[17] and vaines + +[Footnote 17: Simple instruments for taking altitudes (and so +determining latitudes).] + +_No. 2._ + + 1 lookeing glass + 1 doz. pa. white worsted hose for men + 1 brass old trumpett + 5 shirts } + 3 pa. drawers } foule + 1 pa. fine gloves + 2 stuffe coates + 1 pa. briches, wast coat, and Jacket + 1 wast coat and Jacket more + 1 pa. new and 3 pa. old shooes + 1 pa. yarne stockings + 3 neckcloaths + 2 pa. hose + 1 pa. linnon sleeves + 2 napkins, and severall other small things. + +_No. 3._ + + 1 peece fine broad cloath + 6 yards 1/2 branch and Streaked stuffe + 6 coates for men + 1 stuffe pa. briches and dublet + 3 pa. cloath briches + 1 old dublet + 1 girles petticoat + 2 pa. Irish stockings + 3 pa. childrens hose + 1 woe. boddy of a gowne + 1 pewter candlestick and socket + 5 boyes hatts +17 yards blue linnon + one perriwig + 2 white tiffeny[18] hoods + 2 pa. gloves +12 yards stuffe in 2 p'ces + 3 bands[19] 1 laced + 5 yards searge + 2 pa. sleeves + 2 small p'ces diaper filleting + 4 yards 1/4 searge + 1 gr. and 11 doz. buttons + 4 yards striped stuffe + 3 doz. thread laces + 6 yards shalloune[20] + a parcell of thread about 1/2 ld. + 1 childes silke cap and a little parcell of silke and severall + other small things. + +[Footnote 18: Tiffany, thin transparent silk.] + +[Footnote 19: Collars.] + +[Footnote 20: Woollen stuff used for linings.] + + * * * * * + + 1 kettle } + 1 pott } left on board + 1 stuepann } +26 Iron potts +25 Iron long bolts + 6 chaine plates with dead eyes[21] +10 Iron bound dead eyes + 7 wood axes + 6 pump speires +12 small boltes +17 Iron clamps + 1 bagg of 2d. nayles + 2 baggs of 4d. nayles. + 2 pruneing hookes for gardens + 8 musquets (1 noe lock) + 5 Iron hinges for ports +80 great speeks[22] + 2 pintles + 2 good Irons + 1 top chaine + 3 great rings + 1 basket of sheathing nayles } halfe full each. + 1 basket of 40d. nayles } + 1 fiz gigg[23] + 4 hookes + 1 shovel +12 small rings + 1 poope lanthhorne + 1 Iron mill with 2 winches + 1 cross cutt saw + 2 chaine bolts more + 2 pumpe Irons + 2 table hookes + 1 shirk hooke[24] + 2 dogg Irons + 2 doz. of 8 Inch blocks + 1 doz. of 6 Inch blocks + 1 doz. of 4 Inch blocks +11 blocks of 6 and 4 Inch + 1 doz. of 5 Inch blocks + 7 of 14 Inch blocks + 1 topsaile sheete block + 3 double table blocks +17 dead eyes + 9 pump uper boxes +10 dito lower + 5 blacking barrels + 8 small glasses + 1 wach glass + 4 cumpasses +12 sk. twine + about halfe a barrel of powder + 8 yards of canvas + 2 pa. Stilliards without peises + 3 small baggs of 2d. nayles (in a bagg) + 1 dipsey lead[25] 18 lb. + 2 pistalls + 1 carbine + 1 p'ce Leather + 1 small fouleing peece + 3 straw hatts + 3 cables and 2 hallsers + 4 anckors (sheet, best bower, small bower and kedge) + 5 Iron gunns + The Ship _Providence_ and standing rigging with long + boat and Skiffe. + +[Footnote 21: Wooden blocks for extending the stays.] + +[Footnote 22: A speek was a large nail; a pintle, then as now, a +rudder-pin.] + +[Footnote 23: A kind of harpoon.] + +[Footnote 24: Hook for sturgeons; dog-irons were probably fire-dogs.] + +[Footnote 25: Deep-sea lead (for sounding).] + +In Obedience to a Warrant Comeing from the County Court held in Boston +the 30th day of Aprill 1673, Unto us whose names are hereunder +written, for to take an Inventory of the Estate and goods in the Shipp +_Providence_ of Falmouth, lately arived in Piscataqua River, etc., and +to Render an acco't thereof unto the present Deputy Governor by the +7th of May, wee haveing accordingly done the same (as time would +afford) Doe Signifie Unto the Honourable Deputy Governor, that the +before mentioned particulars are the whole, that to our certaine +knowleidg is come (in the said shipp) and that, according to the +wrighting at the beginning hereof, they are Secured in the said Fryers +hands and the shipp well mored in the harbour at the Great Island in +Piscataqua River. + + NATHANIELL FRYER. +May the 5th, 1673. HENRY DERING. + + +_34. Examination of John Johnson. May 5, 1673._[1] + +[Footnote 1: Suffolk Court Files, no. 1257, paper 18.] + +The examination of John Johnson steersman of the frigott +_commonwealth_, Capt. Cornelius Lincourt Comd'r. + +December the 15th their stile[2] they came out of Flushing in the +above sd Frigott with 20 gunns and ninety six men and boys, bound from +Flushing to the Canarie Island, and in their way they tooke a Londoner +bound from Malaga laden with fruit, which they sent to the Groyne,[3] +and the men they putt on shore at the canaries. from the Canaries we +sailed to the Cape de Verd Islands and from thence to Barbados, where +they tooke a small French sloope, and from thence we sailed to the +Capes of Verginia and in our way we mett with the _Providence_ of +Falmouth, which ship we tooke on the 15 day of Aprill, our Stile,[4] +in the latitude of the capes, about 30 Leagues to the Eastward. it +being a stormy night they drive away under a maine course to the +northward. for 2 days afterward they stood in againe to the capes but +could not see their frigott, so then we stood away for the Groine, and +meet with a small Londoner bound for Verginia, who came abord on us +for water, and we took the men being 5 and putt them in to the hold, +then he that was Master of the ship went on board the Londoner and +those men with him, whome the Londoner carried away, so then we +followed them but could not overtake him, so the night following the +English that were upon Decke conspireing with them in the hold, in the +morneing they tooke the ship from us, and brought us to Piscataqua. + +[Footnote 2: _I.e._, new style, which the Dutch used.] + +[Footnote 3: The name then used by the English for Coruna, in +northwestern Spain.] + +[Footnote 4: April 5, O.S. See documents 32 and 36.] + +Taken in Boston 5 May 1673 before + +JOHN LEVERETT, Dep. Gov.[5] + +[Footnote 5: John Leverett was deputy-governor 1671-1673. Two days +later, May 7, 1673, he was elected governor, and so continued till +1679.] + + +_35. Declaration of Edward Bant and Others. May 8, 1673._[1] + +[Footnote 1: Suffolk Court Files, no. 1257, paper 12.] + +A Declaration of some Occurrents that happened to us in our late +voiadge from London in the Ship _Barkely_ of the saide port, Nicholas +Prynne Commander, intended for Virginia, Anno 1672/3. + +On the twelfth Aprill 1673 being in saide Ship about the Lattitude of +the Capes of Virginia about 80 Leagues distant, wee saw a sail towards +Evening, and being in want of provitions, seeing her to be a Fly +boate,[2] made towards her and came up with her about Eight a clock +and hailed them asking them of whence theire Ship. they answered of +Falmoth. wee ask't them from whence they came. they answered from +Virginia, and called mee by my name and asked mee how I did. wee asked +them what places they loaded at. they answered, in Petuxin River.[3] +wee told them wee wanted some provitions. they answered us if we would +hoise out our Boate and come on boarde, they would spare us water and +other provitions what they could. in order thereunto wee did soe, and +I being desired by the Master and Merchant[4] to goe on board with the +Boate to Endeavor to gett what provitions I could, our Marchant who +was the owner also desired mee to stay, and hee and the Doctor would +goe with mee as soon as they had sealed theire letters. Our Master +not having ended his writing the marchant desired him to goe on board +with us also and to finish his letter there, and accordingly with +three more Seamen wee went on board saide Ship, and when wee came +there founded severall Dutchmen on board who had the Command of her, +they having lately taken her from the English. the Ship was called the +_Providence_, belonging to Falmoth, Thomas Radden having been lately +master of her. the saide Dutchman Surprized six of us and kept us +prisoners and sent one of our Company with three Dutchmen on board our +Ship, who lay by us till the next morning. then the Dutch Commander +comanded our Ships' Boate to come on board his Ship againe, which +accordingly they did, hee promising our merchant to take out our goods +and to give us our Ship againe, in order whereunto hee provided one +hogshead of bread to have given us as hee saide and tooke our marchant +with him and went on board our Ship, and about halfe an hour after our +Ship made sail and Steered to the westward: and then the Dutch men put +us who formerly belonged to her down into the hole and made sail after +the saide Ship for about two houres, and seeing they could not come up +with her stood on theire course againe to the Eastward, and by +receiving advice from those Englishmen that were at liberty were +combined together for them to make way for our coming up and soe to +rush out upon the Dutchmen at once and to Subdue them, for the +rescueing of ourselves and Ship, which with god's blessing wee +Effected, without loss of life or bloodshed to any, and then agreed +among our Selves to come away with saide Ship to New England, which +accordingly wee did and after Eleven days passage by reason of +contrary wind and foggy weather arrived in Piscataquay River on the +23th Aprill 1673. + +[Footnote 2: A small swift ship of Dutch pattern (originally _Vlie +boot_).] + +[Footnote 3: Patuxent River, in Maryland.] + +[Footnote 4: _I.e._, supercargo.] + +EDWARD BANT, Mate. +JOHN RESSELL. +JONAS LEWIS. + +Att a Court of Assistants on Adjournment the 8th May 1673, Edward +Bant, John Russell and Jonas Lewis deposed in Court that having +subscribed their names to this declaration that it was the truth the +whole truth and nothing but the truth: + +As Attests EDWARD RAWSON Sec'ty + + +_36. Declaration of Henry King and John Champion. May 8, 1673._[1] + +[Footnote 1: Suffolk Court Files, no. 1257, paper 10.] + +A Declaracion of some Occurrents that happened us in our late voiadge +from Falmouth intended for Virginia in the Ship _Providence_ of +Falmoth, Anno 1672/3, Thomas Radden Commander. + +About the 12th November 1672 wee sailed from Falmoth in the aforesaid +Ship to Plimouth for convoy and there lay till the 15th January +following, when wee sailed under convoy with a fleete of about 90 +sail. our convoy went with us about 80 Leagues to the Westward of +Silly,[2] then with about ten sail more were parted from the fleet and +were making the best Emprovement of winde and weather to gaine our +port till the 4th Aprill following, when wee between the houres of +four and six in the morning saw a Sail upon our weather quarter. wee +made what sail wee could, hee giving us chase, in about two houres hee +came up with us, showed us Dutch colours, comanded us by the lee and +to strike our Topsaile and ancient:[3] wee seeing of him to bee a man +of War of Force could make no resistance against him, did accordingly: +then the Capt. himself came aboard of us with twelve Dutch men more, +showed us his Commission Signed by the Prince of Orange, for the +taking of English Ships: the Capt. was named Cornelius Linquoint and +commanded the Ship in English called the _Commonwealth_, of 20 peice +of Ordnance. then hee tooke our master, merchant and ten seamen more +out of our Ship and left seven of us aboard and soe went aboard his +man of war againe and ordered the Dutch Steersman, whome hee left +with Eleven Dutchmen more on board of our Ship, to Steere after the +man of War, and in case wee should bee parted by weather to Saile with +our Ship to the Groyne in Galecia, as the said Steeresman informed +mee: the same night following wee lost the man of War--the said Capt +having told mee that if wee kept Company while the next morning hee +would take the Goods out of our Ship on board the man of war and give +us our own Ship againe, but having lost Company of him in the night, +wee bore up the helme to the Eastward, intending for the Groyne, as +the Steersman informed mee. having plied too and againe 6 days hoping +to meete with the man of war againe, two days after wee bore up wee +saw a sail which made towards us, being about 3 Leagues from us. +betweene six and eight aclock in the evening they came up with us, and +hailed us asking whence wee were. The Dutch Steersman, standing with a +laden pistol presented to my breast, commanded mee to answer them in +those words he should dictate to mee, bid mee answer them, of Falmoth, +and to tell them wee came from Petuxine River in Virginia, and if they +wanted anything if they would hoise out theire Boat and Come aboard +wee would supply them, upon which they hoised out theire Boat and the +Master, Merchant, Mate, Doctor and two seamen came on board in the +Boate, and after they had entred our Ship the Dutchmen Surprized them +and sent three Dutchmen on board theire Ship and the Ship staied by us +all the night. next morning the Dutchmen intending to goe on board +commanded the said Shipps boats on board, who came accordingly, and +the Dutch Skipper went on board the aforesaid Ship intending to take +out her goods and put on board of our Ship, as hee saide, in order +whereunto hee tooke the merchant along with him. about halfe an hour +after, the said Ship made sail and steered to the westward. wee in our +Ship making Sail followed them between two and three houres, and +finding wee could not come up with her left our chase and stood to the +Eastward againe, there being five Englishmen belonging to the saide +Ship prisoners in our Ships hold. about six houres after, the same +day, wee Englishmen that were at liberty, by writing to them in the +hold, conspired together with them to lett them come up and soe to +rush all out together upon the Dutch men and if wee could Subdue them +to rescue ourselves and Ship, which accordingly with gods' blessing +wee effected without any loss of life or shedding of blood and soe +intended to New England, being afraide to goe for Virginia leaste wee +should meete the man of War againe and being unable to carry the Ship +home for England, and after eleven days lying at Sea by reason of +foggy weather and contrary windes wee arrived at Piscataquay in New +England aforesaid being 23th Aprill 1673. + +[Footnote 2: The Scilly Isles, off the southwesternmost cape of +England.] + +[Footnote 3: Ensign.] + +HENRY KING, Mate. +JOHN CHAMPION, Bosson.[4] + +[Footnote 4: Boatswain.] + +At a Court of Assistants held at Boston on Adjou't, 8th May '73, Henry +King, John Champyn and John Sennet deposed in open Court that this +Declaration is the truth, the whole truth and nothing but the truth. +As Attests + +EDWARD RAWSON, Secty. + +Portlidge bill of Wages due to the Company belonging to said Ship +_Providence_ is as followeth: + + L s.d. + +Henry King, Mate, at 55s. per mo.,--4 mos., 5 days-- 11. 9.2 +John Champyn, Boatswaine, at 36s. per mo.,--4-1/2 mo., 5d. 8. 6.2 +John Jorey, Carpenter, at 3 [pounds] per mo., 4-1/2 mo. 13.10.0 +John Sennett at 28s. per mo., 3 mo., 5d. 4. 8.6 +John Burley at 28s. per mo., 4 mo., 5d. 5.16.6 +George Taylor at 28s. per mo., 3-1/2 mo. 4.18.0 +Richard Gross[5] at 20s. per mo., 4 mo., 5d. 4. 3.4 + ------- + 52.11.8 + +[Footnote 5: The margin adds, "sick aboard."] + +8 May 1673. + +It is ordered that the seamen above shall be allowed and payd their +severall wages (according to their Portlidge bills here Given in) by +Mr. Fryer, he taking their receipts of the several seamen. As Attests, +EDWARD RAWSON, Sec'y. + + +_37. Petition of Thomas Raddon. June 10, 1673._[1] + +[Footnote 1: Suffolk Court Files, no. 1257, paper 7.] + +To the Hon'rble the Governour and Magistrates Assembled in Boston, + +The humble request of Thomas Raddon is that whereas the authority of +this Jurisdiction hath taken care to secure the ship _Providence_ of +Fallmouth in old England, wich was brought into Piscataway by +reprisall and the Cargo in her, whereof I the said Thomas Raddon was +shipped Master by the owners to performe a voiage to Virginia and from +thence home againe, for which care I doe in the behalf of myself and +owners returne humble and hearty thanks to your worships. + +And whereas the Providence of God soe ordering that I am now come +myselfe, my humble request is that your worships would bee pleased to +give orders that the said ship and Goods may be speedily delivered +unto your petitioner, that soe I may (with Gods blessing) proceed in +my intended voige for the benefit of my imployers according to my +obligation, and your petitioner shall ever pray for your worships +prosperity. + +THOS. RADDON. + +In Boston this 10th of June, 1673. + +This was presented to the Hono'ble Jno. Leveret, Esq'r, Gov., the 11th +of June 1673. As Attest EDWARD RAWSON. + +The Governor and Magistrates having perused the Certificate and +finding that Tho. Raddon above, being now arrived, and the rest of the +company that was took out of her, was the Master of the said Ship +_Providence_, ordered the Secretary to signify to Mr. Nathaniell Fryer +that they advise him to deliver the said ship and what was in her to +the said Tho. Raddon, Master, for the use and benefit of the owners, +he discharging the charges formerly advised to. As Attest. EDW. +RAWSON, Secret'y. + + + + +THE _ST. ANTHONY_. + + +_38. Examination of John Tooly. June 17, 1673._[1] + +[Footnote 1: Suffolk Court Files, no. 1257, paper 17.] + +It was my Chance to be in Lesbon and wanting a woage[2] I shiped my +slefe [selfe] A board of a portungal buelt ship, Mr. Orchard +Commander, but some five dayes After it plesed the Almyty God to take +him out of the woarld, and when that wee was Agoing to bury him I +heard the men that was in the boate to helpe Rowe him over the water, +for the portugeses would not suffer us to bury him in Lesbone, say +that thay would have A Ship Are Longe, but I did not know how, not +then, and some one day thay went into the house[3] for thay Could open +the Locke of the haches when thay plesed and drawed wine of the +Marchantes and soe sate doune to geather to drinke, and I being near, +thay not deming of it, I heard them say that thay would asay[4] it all +at once, and Liquise[5] that thay would Rune away with the ship, soe I +disclosed it to the Master and the Marchant for our Marchant had gone, +another master, which was Capt. haddockes second mate, which was then +Comander of the Engles[6] ship Lying in Lesbone Rever, John Terry by +Name, soe thay tooke three of them and put them in presone at Lesbone. +it was the boatswane and two men more, but by Resone that one willam +forrest which was Aboard that Gave the suprecargo Mr. John Pane fare +words, the suprecargo would not sufer him to be put in to preson, but +that hee should Goe the woage, and because thay Could note Geete +another Carpenter thay would not put the Carpenter in to preson, but +that hee should goe the woage Lyquise, soe the Master John Terry shipd +two men more in there Romes which ware English men, Edmun Cooke and +John Smith, and Afterwards hee shiped 2 Duchmen whose names I know +not, and wee ware bound for newfoundland for a sacke,[7] but when wee +had been about A weake at sea these two men, namly Willam forrest and +John peket the Carpenter, perswaded the other two Engles men, Edmun +Cooke and John Smith, and one other Engles which was a board and the +two Duch men, to surprise the Master, the suprecargo and Mate, a +portungall boy and I, and soe to Rune away with the ship. And waching +thare Oppertunity when the Master and the Marchant was a slepe in the +Roundhouse, the Mate A Riting in the Cabing, and I was at helme, the +Carpenter came into the sterege and cauled the [said?] Edmun Cooke and +John Smith out of thare Cabing whare thay ware aslepe, and soe thay +went forward togeather into the forcasell and immeadly thay Came Aft +agane, the two Duchmen and willam forrest, the Carpenter and Edmun +Cooke, John Smith and the other Engles man. soe the two Duchmen and +the Englesman that is not named came into the sterege. the other fower +wente up upon the Quarterdecke and surprised the Master and the +Marchant where thay ware a slepe in the Round house, and the other +three sayed to me that if I did offer to stere I was a dead man. soe +the Mate hering that in the Cabin where he was a riting salied out of +the Cabing in to the sterege. soe thay tooke hould of him and throed +him upon his back and soe held him and would not suffer him to ster. +soe I rune doune the scutell which was in the sterege and hede my +slefe amounge the sayles betweene deckes, for I heard the Master and +the Marchant Cry out most petifully. soe I thought to my slife when +thare pasene[8] was over that I mite perswaed them to save my Life. +soe thay bound the Master and the Marchant and Carryed them forward +upon the forcastell. but presenly after thay Loused them agane and put +them in to the Greate Cabing all togeather, and would suffer but one +to Come upon the deck at a time. the Master and the Marchant profered +them that if thay would thay would take a drame of the botell and set +doune and drink frinds and that all things should be forgoting, but +thay would not Exsept of there profer. soe I went upon the deck and +desyred them that thay would be plesed to Lend us a sayle, for thay +tould us that thay would hoyst out the boate and Give us some +provisones and tourne us to shift for our slevs. soe wee desyred to +beare up the helme for to put us As neare the Land as thay Could. soe +[_torn_] some 2 howers. soe thay Gave into the boate All neceesaryes, +as provisons, wood, water and Lequers, with a sayle and mast and ores, +A grapnall and grapnall rope, sayle nedles, twine and pame[9] for to +men[d] the sayle. Soe Will Forrest, walking upon the Quater deck with +a backe swoard[10] in his hand, Commanded the boat to be hoysted out +and all those forenamed nesessarys to be got in to her, with a Compas, +Quadrant and a plat,[11] and soe Comanded the Master, the Marchant and +the Mate and the portuges boy in to the boate. John Tooley and +Allexander[12] ---- would have gone into the boate with them, but thay +would not suffer us to goe [_torn_] Master saed [or] asked them +[_torn_] that thay would keepe us but thay would not harking unto them +and would not Let us goe. + +[Footnote 2: Voyage.] + +[Footnote 3: The house or cabin on the after-deck.] + +[Footnote 4: Assay, attempt.] + +[Footnote 5: Likewise.] + +[Footnote 6: English.] + +[Footnote 7: Plunder.] + +[Footnote 8: Passion.] + +[Footnote 9: A sailmaker's palm, which serves the purpose of a +thimble.] + +[Footnote 10: A sword with one edge.] + +[Footnote 11: Chart.] + +[Footnote 12: Wilson. The name can be supplied from the _Records of +the Court of Assistants of Massachusetts Bay_, I. 12.] + +John Tooley gave in this upon examination as a true narrative of the +transaction in the Ship _Anthony_ when she was surprised by forest and +Pickard, etc., he the sayd Tooley being of the age of Twenty years or +thereabouts. + +Before us JOHN LEVERETT, Gvr. + EDWARD TYNG. + WILLIAM STOUGHTON. + +John Terry, M'r, being present when this was spoken by John Toolly +before the Govn'r, Mr. Ting, Mr. Staughton and Major Clarke on 17 June +'73, being Asked whether what John Toolly had declared was the truth +the said Terry Ansed he acknowledged the same to be the trueth: As +Attests + +EDWARD RAWSON, Sec'ty. + +19 of November 1673. + +This examination of John Toollys being Read in the Councill with the +Acknouledg'mt of the Master John Terry that it was the Trueth, The +Councill ordered his dischardge from further attending: and that the +Secretary Give him the signification thereof to the said John Toolly. + +As Attests, + +EDW. RAWSON. + +The Examination of Jno. Tooly marriner of Ship _St. Anthony_:[13] + +[Footnote 13: A marginal note reads: "Pres[en]t, Govr., Capt. Gookins, +Mr. Russell, Mr. Danforth, Mr. Tynge, Mr. Stoughton, Mr. Clarke", all +of whom were at this time members of the Court of Assistants. An +endorsement reads: "Toolly Examination taken 17:9:73," _i.e._, +November 17, 1673.] + +What is your name? + +Jno. tooly, borne nere norwich. + +He saith that he was at Helme when the Rising was. + +How long was it after you came to sea. + +Ansr: about a weeke. + +Who rise first or the manner of their Rising? + +the Carpenter having a handspike in his hand called to forrest, who +with the two Dutchmen came forward with Cooke, etc.[14] + +[Footnote 14: John Smith and Edmund Cooke were condemned to death for +their share in these acts of piracy, but were pardoned by the General +Court, December 10, 1673. _Records of Massachusetts Bay_, vol. IV., +pt. II., p. 573.] + + +_39. Examination of William Forrest. October 20, 1673._[1] + +[Footnote 1: Suffolk Court Files, no. 1257, paper 15.] + +Newport one[2] Road Iland. + +[Footnote 2: On.] + +The Examinatione of William forist, mariner, taken the 20 day 8 mo.[3] +1673. the foresd forist beinge examined acknowlegeth that he was owne +of that mutinous Company that Raised Reblion in the ship Called the +_Sainte Anthony_ upon the Coaste of portingall, one hundred and tenn +leags from Land, and theire with others did deprive John Tarry, +Master, of his power given to him leagelly to Gouvern the aforesd +shipe: but denies that he had a hand in forsinge him over borde, or +those that went with him, but sd he and them might have continued +longer in the aforesd shipe: but owned that he with others did deprive +him the sd John Tarry the Gouverment and ordring the aforesd shipe, +and beinge asked concerning their further prosedings, owned that he +with others brought the aforesd shipe called the _Sainte Anthony_ into +pascattoga River in new Ingland, where he the sd forrist was then the +Reputed master, whoe undertooke to be owne (to witt the Cheefest) that +managed and disposed of most or all the aforesd Ships Cargoe, till by +some means of fallinge out amonge themselves was discovered, upon +which the sd William forrist mad an Escape for a time, till he was +apprehended at new plimoth in new Ingland, whence he acknowlegeth he +lately Escaped out of his magisties Gale[4] at new plimouth as +aforesd, and forther beinge examined, owned (to wit, william forist) +that John Tarry and the suprocargoe ware the persons that had Right to +Governe, order and dispose of the abovesd Shipe and Cargoe, which hee +the aforesd william forrist and Company unjustly Deprived them of. +taken before us + +NICHOLAS EASTON, Gov'r.[5] +WILLIAM CODDINGTON, D'py Gov'r. + +[Footnote 3: October.] + +[Footnote 4: Jail.] + +[Footnote 5: Nicholas Easton, governor of Rhode Island from May, 1672, +to May, 1674; William Coddington, deputy governor 1673-1674, and +afterwards governor.] + + +_40. Petition of Allwin Child. October 24, 1673._[1] + +[Footnote 1: Suffolk Court Files, no. 1257, paper 5.] + +To the Hon'rd Governor and Coart of Asistants + +The Humble Petition of Allwin Child + +Sheweth, That a ship called the _St. Anthony_ was consigned unto your +petitioner from Lisbon under the Command of John Tarry, and in his +voyage, about one hundred and ten Leagues from Lisbon, the seamen of +the sd. ship mutined Against the sd. Commander and turned himself, his +supercargo, mate and Boy out of said ship into the Boate to shift for +themselves and Ran Away with the shipe, Some of the men so running +Away being at present under conviction in this prison, and three +others having bin taken at Plimouth in order to bee also Brought to +Answare for their misdimeniors before the Authouritey of this Colony, +But did theare Breake prison and escaped unto the Government of Road +Iland, at which place they are Apprehended, and the said Tarry is +Liquise now Arived there for Another ship, consigned allso to your +petitioner, and is there detained to prosicute the Above offenders. + +Your Petitioner in Behalf of the Imployers humbly craves that your +Hon'rs would be pleased to take such Coarse that the said escaped +prisoners may bee sent for to this place to Answare these facts +According to Law, the Evidence Against them Being partly heard All +Ready, and the Comander being also Bound to this place, soe that his +stay theare will bee very preduditiall to the voyge of said ship and +Imployers, the Ship Requiering A speedy Dispatch. And he shall Pray + +[_Endorsed:_] Allwin Child petition to Gov'r and Mag'ts in Court of +Assists. 24 Oct. 1673.[2] + +[Footnote 2: The Court of Assistants, March 7, 1674, fined Major +Nicholas Shapleigh 500 pounds for harboring and concealing in his +warehouse William Forrest, Alexander Wilson, and John Smith, "capitall +offenders," arranging their escape, and receiving and concealing their +goods. _Records of the Court of Assistants_, I. 12-14, where a +petition of Alvin Child in the matter is referred to. See also Maine +Historical Society, _Documentary History_, second ser., VI. 38-42.] + + + + +CASE OF RODRIGUEZ AND RHODES. + + +_41. Declaration of Thomas Mitchell. May 24, 1675._[1] + +[Footnote 1: Suffolk Court Files, no. 1390, paper 1. This case appears +in the _Records of the Court of Assistants_, I. 34-39, 42. The chief +originator of this episode of piracy was a Dutch captain from Curacao, +Juriaen Arentsen. In 1674, when a state of war existed between France +and the Netherlands, he captured the French forts at Castine and St. +John, and took possession of the region as "New Holland." Then, "at +the _Bear_ in Boston," he gave some sort of commission to another +Dutchman or Fleming, Peter Rodrigo or Rodriguez, to John Rhodes of +Boston, and others, under which they proceeded in the piratical manner +described in documents 41 and 42. The Court of Assistants had now, by +a law passed in December, 1673, been fully authorized to act as a +court of admiralty (which hitherto it had done without formal +authorization); sitting as such, May 17-June 17, 1675, it condemned +Peter Rodrigo, Dutchman, John Roads, late of Boston, Peter Grant, +Scotchman, Richard Fowler and Randolph Judson, Englishmen, for piracy, +and sentenced them to be hanged. All were however pardoned +subsequently. _Records of Massachusetts Bay_, V. 40, 54, 66. Mitchell +and Uring were whipped for complicity, of which there was evidence +contradicting their testimony here presented. For the background of +the whole story, see C.W. Tuttle, _Captain Francis Champernowne, the +Dutch Conquest of Acadie, and other Historical Papers_ (Boston, 1889), +pp. 137-150, 349-399.] + +To the Hon. Court of Assistants sitting in Boston + +The Declaration of Thomas Mitchell of Maulden Fisherman Humbly +sheweth, That the said Mitchell beinge hired in October last both +himself and the Barque whereof he was a part owner, for three moneths +certaine and foure uncertaine upon a Tradeing voyage to the Eastward +as farre East as a Plais called Siccanecto[2] in the Bottome of the +Bay of Fundi by Captaine Peter Roderius and other of the Privateers, +as by a Charter Party under their hands and seales more att Large it +doth and may appeare, had nott any thought or suspition that the said +Privateers would have taken any things from any man wrongfully, they +before they went out severall times promiseinge the contrary (which if +they should deny may be made to appeare). Butt when sd. Privateers +came to the Eastward, instead of complyinge with their Charter Party +or makeinge good their Promise, forced the sd. Michell to carry them +whither they Pleased, and although the sd. Michell was very earnest +Seaverall times with them to be discharged from their service, +proffering them at Pemequid,[3] before he went out of this +Jurisdiction, to loose the hire of his vessell and with more they +desired rather [than] to proceed any further in said voyage, as +Lieutt. Gardner[4] and his sonnes can testifie, And when he came backe +from Pemequid, had he nott, the winde being Faire, been forced away +before he could speak with Lieutt. Gardner, he might have had +sufficient testimony from them of his unwillingnesse to proceed any +further with them; Neither did the said Michell give his consent to +their takeinge of any vessell or goods from any Person but as farr as +in him lay and as much as he durst did oppose the same: Neither had +the said Michell any share or part of any of the said goods that the +aforesd Privateer tooke, nor had any hand in the takeing of either +vessells or goods, butt was alwayes agt. such their proceedings, and +when they came as farr East as Naskeague,[5] when the Privateers spake +of goeing over the Bay of Fundi he told them he had rather give them a +Hundred Pounds than goe over the Bay with them, as by the Testimony of +Robert Wills may appeare which was sworne by The Worsp'll Mr. +Stoughton.[6] Nevertheless they forced the said Michell to goe over +the Bay with them, tellinge him they would carry him and his vessell +wherever they pleased, And Being at Tuskett Islands,[7] the said +Michell demandinge his hyre, telling them the time was expired that +was mentioned in the Charter Party, and that he desired to goe home to +looke after his familie and to pay his Merch'ts that had betrusted +him, And withall he forewarned them for weighing his Anchors for he +would stay noe longer in their service; But Richard Fowler, +threatninge that he would make a hole through his skinne if hee did +nott hold his tongue, went and, whether he would or nott, weighed his +Anchors and forced him to goe backe to Machias; The said Privateers by +their uncivill Carriage did make the said Michell soe weary of the +voyage that if he could have gotten an opportunity he would have come +away with his vessell and left them there, though he had lost all his +hire and what also he carried out with him; Now the Premisses beinge +considered by this Hon'ble Court, he hopes they will have soe much +Charitie for him as to conclude him nott guilty of those actions that +are laid to his Charge: The Just and Righteous determinations whereof +he Leaves to the Wisdome and Clemencie of this Hon'ble Court, and is +bound to subscribe Himself + +Your Honours Most Humble Servt., + +THOMAS MITCHELL. + +Boston, May the 24th, 1675. + +[Footnote 2: Chignecto, Nova Scotia.] + +[Footnote 3: Pemaquid, Maine, east of the mouth of the Damariscotta. +There was an English settlement there from 1626. As to the +jurisdiction, all this region east of the Kennebec had been included +in the Duke of York's patent of 1664, but his governor at New York +took no active steps to assume its government till 1677, and _de +facto_ Pemaquid in 1675 was in the jurisdiction of Massachusetts, +which in 1674 had organized the region east of the Kennebec as the +county of Devon.] + +[Footnote 4: Lieut. Thomas Gardiner, resident at Pemaquid, was chief +military commander and treasurer of the county of Devon, and a county +magistrate.] + +[Footnote 5: Near Sedgwick, Maine.] + +[Footnote 6: William Stoughton, of the Court of Assistants, afterward +lieutenant-governor of the province; see document no. 70, _post_.] + +[Footnote 7: Off Yarmouth, Nova Scotia.] + + +_42. Declaration of Edward Youreing. May 24, 1675._[1] + +[Footnote 1: Suffolk Court Files, no. 1390, paper 2. The name is more +often found with the spelling Uring.] + +To the Hono'rd Court of Assistants Now Sitting in Boston The +Declaration of Edward Youring of Boston, Fisherman, Humbly Showeth: + +Thatt whereas the said youring being in October last past, both +himselfe and the Barke whereof the said youring was part owner, and +being hyred upon A leading Voyage, so farr Easterly as A Place caulled +Zecganickto nere the botom of the Bay of Fundy (and noe further), by +Capt. Peter Rodregross and Company; As by A Charter Partie, Refferance +being had thereunto, more fully may Appear; and allso will therein +Declare thatt I your Poore and Humble Declarant Edward Youring had not +the Least Intention of anything thereby but onely and honestly to +Improve both myselfe and my Interest in the foresaid Barque, in an +honest Lawfull way; And it being well knowen and seen, both in Towne +or else where wherever my caulling haith Led mee, thatt I have been +according to my Capassetye and Abillity an Industreous hard Laberar, +whereby I mought gitt wherewith to mentayne my Famely, which in a +measure hayth been sumthing Comefortably untell now (through the +goodness of God), nor I have not at all been wanting to take the best +paynes I could for an honest Livelyhood, both for my selfe and my +Familie, I not being so Ignorant but thatt by Instructyans and good +Examples being thereby rightlie informed, thatt hee is worse than an +Infidle thatt shall not provide for his Familie, etc.; I Doe Declare +in the presence of God and Your Hon'rs this Day that, through God's +goodness to me, I am Conscious unto my owne Innocency, and am truly +free from thatt Reporte of my being guiltie of Pyracy or being A +pyorett, nither ever had I the Least thought nor suspition thatt those +persons which Carryed them selves so fairly to me whilst that I was in +Boston with them, would have caryed it so much contrary to whatt they +promised to me before they went from hence; And thatt was thatt they +would not meddle, nor take either vessells or goods from any English +man, as may Appeare by severel testimonys; whereupon I did proced upon +the said Voyage, upon Monthly Wages. And wee being come as farr East +as Casco Bay, then the Privateers (though much against my minde and +will) they wentt on Shoare and brought on Board of us severall Sheepe +which belonged to the inhabitants of thatt place, where upon I did so +farr show my dislike to the Privateers for soe doeing that I tould +them thatt I protested against their Actions in that way; where upon +they did not only revile and use opprobius and reproachfull words to +me for my declayring my minde to them, but they allso threated to +strycke me and being so threatened forced me to Silence, and they also +forced me to goe further upon the said voyage; and when wee arrived so +farr East as Pemmaquid I tooke so much notice of the debaucherie of +the Privateers thatt I thought in my selfe thatt the voyage was not +like only to be unproffitable but allso troublesome and uncomfortable, +whereupon I desired to be cleared from them, but I being one thatt +was bound by charter partie was forced to goe further East with them; +and Comeing to a Place caulled Knoskeegg,[2] there wee mett with Capt. +Roades and the Privateers tooke him aboard of our vessell, and after +some stay there the wind being Contrary, notwithstanding they went to +turne it out and as they ware turning out, I Edward Youring spoke to +Thomas Mitchell whoe was then at helme, desireing him to beare up the +helme and to goe no further with them, and I tould the sayd Mitchell +my reason was because I heard them say thay would take George +Manning[3] and the Vessell if they could meet with him, and one of the +Privateers, by name Randler Judgson, came to me as I was speaking to +Mitchell to beare up the helme, sweareing thus or this effect: "God +damne me, Youring or Mitchell, speake another word of bearing up the +Helme and Ile knock out your Braines with a hand speake", etc.; +furthermore I the sayd Youring haveing no way to Escape from them was +forced to Stay Longer with them, but at Length Comeing to a Harbour +further East, wee spieing a vessell at an Anchor, Capt. Rodregrose +commanded Thomas Mitchell to Steer right with her, and Comeing up with +her Rodregross bid them Amaine[4] for the Prince of Orainge; whareupon +they lowred out their Annchor and it proved to be George Manning; then +I the said Youring, haveing heard Rodregross and the Privateers say +whatt they Intended to doe if they meett with Manning, I intreated +them not to take him but to lett him goe peaceably with whatt hee had, +and onely give him warning for the future; but Rodregross instead of +Complying with my request blamed me much for speak[ing] against +takeing of him, and forthwith went on board and tooke a way his +peltery; and the same Afternoone made prize, both of vessell and +goods, after wh. I Edward Youring Speakeing in the behalf of Manning, +Capt. Rodregross tooke doune his pistol, wch generally he kept loaden +by him, and presented it to me, and had not Capt. Roades whch satt by +Layd his hand upon it, turnning of it away from me, I had then been +shott. and the next Night following Petter Grant one of the Privateers +made a writeing, and being very earnest with me to sett my hand to it, +toulde me it would be no damage to me to sett my hand as a Witness; I +the said Youring, being Ignorant of such things and not knowing what +was in it, I did Sett my hand to it, but no otherwayes butt as A +wittness (the which I did by reason of my being in feare of my life, +if I should have denyed to have done it), and soon after the +Pryvat[eer] [_torn_] had been at Mayhchyous[5] and Laded the goods +they tooke from George Manning, they went to St. Johns, wheare they +had not been above three or fower howers, as I judge, before thatt +there caime into the Harbor a vessell from the Sea and came to an +Anchor about a mile distant from us. then the said Rodregross +Commanded twoe boates to be manned to cary him and his Company, and +coming nere to the vessell, he bid them A Mayne for the Prince of +orainge, and Some in the vessell knowing him desired him to come +aboard, And when he came aboard Rodregross Commanded them to weigh +Anchor and to Come and Ride by him; and thatt Night Capt. Rodregross +kept possession of [_torn_] himself and the next day commanded his +boat from his own vessell, and Commanded George Walton, master of the +said vessell,[6] to deliver their Beaver and Moose, wch after search +made in the hold he tooke and Carryed it away, and I the said Youring +shewing my dislike as much as I darst in my opposeing Rodregross, upon +which and because I would not give my consent to goe over the Bay of +Fundee, I being one thatt was ingaged by Charter partie to the +Contrarie, and soone affter one of the Privateers struke me many +blowes upon my backe and Sides with a long knife Like a Short Hangger, +which brused me very mutch, and the same night being a very could +night in the latter eand of Dicember Last, the sayd Privateer thatt +hett me turned me ashoare, wheare I was like to be Starved wth could. +The next day following, I being very ill and very sore with the +blowes I recd the evenning before, and after the morning was a little +passed, with much intreetye I prevailed to git libertie to goe aboard +to gitt some Releife. And after they had forced Thomas Mitchell and +myselfe to goe over the Bay of Fundee, as wee Returned backe wee put +into Maychyas, and Standing into the harbor wee saw a vessell under +Duch collors standing out; which when wee came nere unto proved to be +George Mannings vessell; whoe as soone as hee came up with us, haveing +gotten to Windward of our Vessell, poured a Volley of Shott in upon us +with Dutch coullors flying, and presently affter wee saw a vessell +with French Coullors, upon which wee concluded All to be French and +thatt wee ware betrayed and should bee taken; thereupon Capt. +Rodregross Commanded every man to his Arms and to fight for his life. +But as soone as Capt. Mosely[7] Came up with us, hee haveing the +English Coullors out, Hee bid us A Maine for the King of England, and +I myselfe Loured the Maine Sayle three or foure foot doune, at which +Capt. Rodregross was very angry with me and Commanded me to hoyse it +againe, which I Refused to doe; and there upon I went forward and Laye +before the windles tell the vessell was taken; And when the Capt. +yeelded, I Edward Youringe Lett fall the Anchor; I being very glad +that I was freed from the Bondage and Slavery I was in untell the +vessell was taken by Capt. Moseley; I being all the voyage Comanded, +as occasion presented, to goe a Shoare with John Farmer to cott wood +and fetch watter to carry aboard; notwithstanding one halfe of the +vessell was my owne; and also I stand Still ingaged for one halfe of +the Cargoe thatt was Carryed out from Boston. + +[Footnote 2: Naskeag; see note 5 to document 41.] + +[Footnote 3: Captain of a small Boston vessel; his letter to the owner +is in the Maine _Documentary History_, second ser., VI. 42-43.] + +[Footnote 4: _I.e._, lower your topsail, in token of surrender.] + +[Footnote 5: Machias.] + +[Footnote 6: The _Trial_, of Kittery, belonging to Maj. Nicholas +Shapleigh; _Doc. Hist._, VI. 46-47.] + +[Footnote 7: Sent by the Massachusetts government to suppress these +pirates.] + +Now all these premises being searyously pondred by this honord Courte +of Assistants, with the prudent and upright management of the Gent'men +of the Jury, Together with the testimonyes I have redy to give in, I +hope will thereby Evidently Appeare thatt I am not guiltie of Pyracy +or any Acttyons tending thereto, as is Layed to me in my Charge, And I +being over powered by the Privateers thatt did tyranize over me, I +was forced contrary to my minde and will to doe whatt I did during the +time I was with the Privateers upon A voyage to the Eastward; for the +true determination of which and of my being Concerned therein I freely +and willingly Leave my Selfe to the wise, Judicious and Righteous +proceedings of this Honoured Courte and Gentlemen of the Jury, hopeing +the Lord will Cleare up my Innocency as to the matter of Factt, I +being Conscious to my owne Innocency. So desiring the Lord to direct +you In your Proceeding that Right may take place, not att all +doubtting butt thatt your Honors will soe dilligenttly search in to +the Cause thatt the Innosent may Bee Cleeared and the Guilty Suffer, +according to merritt, so wishin you all happienes, And for the +Continewance of which I shall ever Pray, etc., Subscribe my Selfe your +Faithfull Subjectt and Searvantt In all Hummillitye + +EDWARD YOUREING.[8] + +Boston the 24th of May + 1675. + +[Footnote 8: Of one of the Dutchmen concerned in this episode of +piracy, Cornelius Andersen, Hutchinson relates, quoting a contemporary +letter, that, being under sentence of death for piracy, but pardoned +on condition of enlisting in King Philip's War, "He pursued Phillip so +hard that he got his cap and now wears it. The general, finding him a +brave man, sent him with a command of twelve men to scout, with orders +to return in three hours on pain of death; he met 60 Indians hauling +their canoes ashore: he killed 13 and took 8 alive, and pursued the +rest as far as he could go for swamps, and on his return burnt all the +canoes ... and a short time after was sent out on a like design and +brought in 12 Indians alive and two scalps." _History of Massachusetts +Bay_, I. 263.] + + + + +BRANDENBURG PRIVATEERS. + + +_43. Seignelay to Colbert. May 8 (N.S.), 1679._[1] + +[Footnote 1: British Museum, Harleian MSS., 1517, fol. 232. Probably +an intercepted letter. Colbert was the great prime minister of Louis +XIV.; Seignelay, Colbert's eldest son, was minister of marine. The +document has a curious interest as showing perhaps the first instance +in which the (Brandenburg-) Prussian navy, or privateer marine, +touches American history. The Great Elector, Frederick William, had +for some time cherished ambitious designs, respecting the creation of +a navy and the establishment of colonies, but it was not till late in +1680 that he possessed a war-ship of his own, in 1681 that he began a +little establishment on the West African coast, in 1682 that he +founded his African Company. In this year 1679 he had a few ships +hired from a Dutchman, and it appears from this letter of the watchful +French minister that two others were being prepared for his service in +Zeeland. For five years he had been at war with France. His +allies--England, the Dutch, the Emperor--had made peace at Nymwegen in +1678. He was in danger of standing alone, and had made an armistice +March 31, prolonged May 3.] + +Copie of a Letter to M. Colbert from the Marquis de Segnelay about two +Brandenbourg Privateers armed for the American Islands. 8 May 1679 +N.S., received 9 May V.S.[2] + +[Footnote 2: Veteri stilo, old style, then followed in England and +Brandenburg. "Received" doubtless means received in England.] + +Le Roy ayant este informe a la fin du mois passe que deux particuliers +avoient fait depuis peu un armement dans les Portes de Zelande, et +qu'ils en essoient partis avec deux Vaisseaux armez en guerre pour +aller dans les Isles d'Amerique faire la guerre a ses Sujets sous la +Commission de Monsieur l'Electeur de Brandenbourg, Sa Majeste fit +partir pour les dites Isles M. le Comte d'Estrees avec une escadre de +quatorze vaisseaux pour les prendre ou couler a fonds. Et comme il est +porte par le 9me Article du traitte de suspension d'armez que vous +aves signe le 3e de ce mois avec l'Ambassadeur de ce Prince, que le +comerce sera libre tant par eau que par terre, Sa Majeste veut que +vous proposiez au dit Seigneur l'Ambassadeur de donner ordre aux +Capitaines des dites deux fregates de ne rien entreprendre au +prejudice du dit Traitte contre les Vasseaux des Subjects de Sa +Majeste. Et en ce cas Elle fera scavoir audit Seigneur Comte +d'Estrees, que son intention est qu'il laisse la liberte aux dites +deux fregates, de naviguer par tout ou bon leur semblera. J'attendray +ce qu'il vous plaira de me faire scavoir sur ce sujet, pour en rendre +compte a Sa Majeste, etc. + +A ST. GERMAINE EN L'AYE + le 8me May 1679. + +_Translation._ + +The King having been informed at the end of the past month that two +individuals had lately fitted out in the ports of Zeeland, and had +sailed thence with two vessels, armed for warfare, to go to the +islands of America, and make war upon his subjects under commission +from my lord the Elector of Brandenburg, his Majesty is sending my +lord the Count d'Estrees with a squadron of fourteen vessels to seize +or sink them.[3] And as it is provided by the ninth article of the +treaty of armistice which you signed on the 3d of this month with the +ambassador of that prince, that commerce shall be free by water as +well as by land,[4] his Majesty desires that you should propose to the +said lord ambassador that he give orders to the captains of the +aforesaid two frigates to undertake nothing to the prejudice of the +said treaty, against the vessels of his Majesty's subjects. And in +that case he will communicate to the said lord Count d'Estrees his +intention that he shall leave the said two frigates free to sail +wherever they think fit.[5] I shall await whatever information you may +be pleased to send me on this subject, in order to report it to his +Majesty, etc. + +ST. GERMAIN-EN-LAYE, May 8, 1679. + +[Footnote 3: Vice-admiral Count d'Estrees did not actually sail for +the West Indies till the next year, and then for another purpose.] + +[Footnote 4: The articles prolonging the armistice till May 18 had +been signed at Xanten on May 3 by Colbert and Marshal d'Estrades for +Louis XIV. and by Werner von Blaspiel for the elector. For their text, +see _Actes et Memoires des Negotiations de Nimegue_, IV. 468-471.] + +[Footnote 5: Such orders were given, on both sides. _Ibid._, IV. 484, +487. The treaty of peace was concluded June 19/29. For further history +of Brandenburg privateers in the New World, see documents 47 and 48.] + + + + +BARTHOLOMEW SHARP AND OTHERS. + + +_44. The Buccaneers at Portobello. 1680._[1] + +[Footnote 1: British Museum, Sloane MSS., 2752, fol. 29. This and the +ensuing document, both by the same anonymous author, form one +continued narrative, of dramatic and astonishing piratical adventure. +For the second part, the adventures of these buccaneers in the Pacific +Ocean, there are other, parallel narratives, some of them longer than +ours; but with one exception they say almost nothing of this first +adventure, the capture and sack of Portobello. Two or three pages (pp. +63-65 of part III.) are indeed devoted to it in the chapter on "Capt. +Sharp's voyage", signed "W.D." [_not_ William Dampier], which was +appended to the second edition of the English translation of +Exquemelin's _Bucaniers of America_ (London, 1684), before Basil +Ringrose's detailed account of the South Sea adventures was printed +and issued (1685) as the second volume of that celebrated book; but +the present account is fuller than "W.D."'s, and may apparently be +regarded as the chief source now in print for the history of this +second English capture of Portobello. It should be remembered that, by +the signing of the various treaties of Nymwegen in 1678 and 1679, all +hostilities between European powers had by autumn of the latter year +been brought to an end. The privateers who had flourished during the +preceding years of warfare now found their occupation gone--their +lawful occupation at least. Many of them turned to piracy. The writer +of these two narratives speaks of his companions as privateers, but in +reality they had no legal status whatever. When the governor of Panama +asked for their commission, Captain Sawkins replied that "we would ... +bring our Commissions on the muzzles of our Guns, at which time he +should read them as plain as the flame of Gunpowder could make them." +Ringrose, p. 38. Legible, no doubt, but not legal.] + +Ann acoumpt of our Intended Voyage from Jamaco with a party of shipps, +departing from the afore said Island to Poartavell: Receving Letpasses +to goe into the bay of Hundorus, to cutt Logwood, from his Maj'ties +Reall Subject the Earle of Carlisle.[2] + +[Footnote 2: Charles Howard, earl of Carlisle, was governor of Jamaica +from 1678 to 1681. The names preceding are intended for Jamaica, +Portobello, and Honduras. Portobello had been a rich town, lying at +the northern end of the usual route across the isthmus from Panama. +The annual "plate fleet" was loaded here with the silver of Peru and +other produce of the Pacific coast. Henry Morgan and his buccaneers +had captured and sacked Portobello in 1668, Panama in 1671.] + +_The Names of the Captaines_ + + Capt. John Coxon, the Chief Commander, in a Barque + Capt. Corneles Essex in a Barque + Capt. Bartholomew Sharpe[3] in a Barque + Capt. Robert Allison in a Sloope + Capt. Thomas Magott in a Sloope + +[Footnote 3: Capt. Bartholomew Sharp, who figures largely in this +narrative and the next, as chief commander of the buccaneers during +most of the periods of their adventures, was also the author (or +source) of two histories of their expedition. The first, _The Voyages +and Adventures of Capt. Barth. Sharp and others in the South Sea_ +(London, 1684), is mainly a reproduction of the captain's journal or +log; the second, "Captain Sharp's Journal of his Expedition, written +by Himself," published as part II. of Capt. William Hacke's _A +Collection of Original Voyages_ (London, 1699), is more literary in +form. Neither describes the period covered by the present document; +both begin, like document 45, with Apr. 5, 1680.] + +In december about the Latter part in the yeare 1679 we meetts all up +at port amorrant,[4] where the party Concluded to make Capt. John +Coxon their Chiefe and to wood and watter at Porttamorrant, and after +make all expedition to take Portavella. + +[Footnote 4: Port Morant, near the southeastern point of Jamaica.] + +January the 7th, Ditto. Thes Commanders above expresed Sett Sayle with +a fresh gail of wind, at S.E. and E.S.E. [_cut off_] we stands over +Close hailed with our Larbourd tackes abord[5] steming S.S.W. and +S.b.W., keeping the Reefes of our Topesayles in, for the most part of +our Vessells proved Leacke, that Capt. Cornelies Essex was vayne[6] to +would his shipp Together with Two Hassers[7] to keep her together. +Capt. Bartholomew Sharpe Lost his Bolsprit, that he was forced to +Beare away large.[8] they gott into Ankour at the Island of Pine lying +in the Samblowes in North Lattitud 9 deg. 40'.[9] As we weare Coming out +of portamorrant, about 6 Leagues from the Port, we meetts with a +french Brickanteen, on[e] John Row Commander. he understanding our +Designe, was willing to Concert with us. the weather growing very bad +and lickly to Continue soe sum time, that as much as Ever sum shipps +was abell to goe through the Sea, Capt. Essex by name his vessell +being ould gave way in her boue that if shee had not been wolded,[10] +Could never a he[ld] together. Capt. Coxon Calls and orders that he +would make the Best of his way to the Isle of Forta, and gave order +that those that gott thear first, to Leave a Noat one the Sandy point, +to Sattisfie the Rest which are to com after, and them that first gott +to forta, to goe over to the frinds Islands, Islands which lyeth about +12 Leagues to the westwards of Cathergeane,[11] about 8 leagues from +Forta. our Admirall, the french Brickenteen, and the two slopes[12] +getts to forta first, which finding Neither Capt. Essex nor Capt. +Sharpe thear, Feared they had binn Suncke in the Sea. Capt. Coxon went +over to the frinds Islands with one Slopes Crew and the Brickenteens +Crew, Leaveing a Sayling Crew abord: goe to ly amongst thes frinds +Islands to take pery agoes[13] and Canoes to Land our people at +Portavella. 2 dayes after a Rives Capt. Cornelyes Essex at forta, But +noe news of Capt. Bartholomew Sharpe. we did Certainly expect he had +binn Lost. they stayd at thes frinds Islands 3 dayes. they Brings with +them 4 pery agoes, and Six very good Large Cannoes. we fills watter at +Forta and Concludes to see if through the marcyes of god Capt. Sharpe +might be gotten into pines.[14] Capt. Coxon being the best sayler, +Lost Company with us, he stering away S.w.b.w. and we w.s.w., that he +weathered the golden Islands[15] and gott to An Ankour at the Isle of +pines, which Lyeth in 9 deg. 40'[16] North Lattitud, and beareth from the +Golden Islands n.w.b.w. about 6 Leagues. only Capt. Coxon Weathered +the Golden Islands and gott into pines, he being the best windward +boat, it blowing very hard, the two slopes, the french Brickenteenn +and Captain Cornelies Essex bore up and cam to Ankour at the Golden +Islands. Capt. Coxon in his way to Pines Sees a sayle in the offinge, +makes sayle towards her, Comes up with her, and finds her to be a +Barque cam out of Jamaco one the Same accoumpt as we did, and Came +over to the Samblowes to meett with the Fleett. we weare all Glad of +his Company, for we wanted men. Coming into Pines, they found Capt. +Sharpe had binn ther, and Suppose had fitted what damage he Receved at +Sea, and Imagined he was gone to looke for the fleete. the weather +being so bad att Present, could goe no farther with our Shipps. Coxon +sends capt. Cooke with his barque from Pines to the Golden Island, to +give us notice that he would be gone alone with his owne company and +the Sloopes, in case that wee did not make hast to Pines, but the wind +blowing hard att W.N.W. could not gett out. Capt. Coxon the next day +comes downe himself in his cannoe, to knowe the reasone of our stay, +and findeing the winde contrary, that wee could not gett out, Advised +the commanders to make what dispatch they could in their cannoes and +Peeriaugers, to Pines, and from thence to Puerta-Vella, being afraide +some of their traideing boates should Discry them. Capt Cooke in his +way to us meetes with a Spannish galliote[17] from Carthageane, bound +to Puerta Vella with Negroes, butt ther being a desention amounge the +company, some desireous to borde him, others nott, so that in fine +they losst him. the currant under shoare setting stronge to the +Eastward and haveing hard westerly winds, capt. Cooke could nott gett +the Golden Islands, but was drove downe into the bay of Dueryan;[18] +in the meane time our Party Imbarkques in perriaugers and Cannoes, +being mighty desierouse to be their before should be descried. And +lyeing here, wee gott greate acquaintance with the Natives of this +Country, which the Spaniards had driven over to this side of the Land +from the South side; wee found the Indians to have a greate Antipothy +against the Spaniards, but could not know to have their revenge. they +understanding our designes, they corted us to land and thay would shew +us wheir was Spanish townes Plenty of Silver and golde; of which more +here-after. The cannoes being gonn to Puerta Vella with about two +hundred and fifty men, left the shipping with a sailing crew a borde +to follow after, wheir orders was given by capt. Coxon, chiefe +commander, to make what hast he could to lower Rainge of Keys in the +Samboles, to a Key call'd Springers carreening Key,[19] and to goe no +farther till farther Orders. the parting cannoes, goeing downe the +Samboles, sees a greate shipp rideing att an Anchor att the 2d Rainge +of Keyes, which coming neare they found her to be a French privateere, +One capt. Lessone, who carreen'd in the Samboles. The said capt. +understanding the designe wee weare about, Joyn'd his company with +ours, who weare about Eighty men out of him, so wee went with all our +parties on with corrage, and landed them about twenty leagues short of +Puerta Vella in an olde ruinated Port called Puerta Pee; the way was +very rocky and bad to march, they goeing near the sea side to Eschape +the look-out which thay saw plainely on a high Hill, butt as god would +have itt, the look-out did nott see them. this being Wensday they +begin to drawe neare Puerta Vella. The Satterday following, about ten +aclocke, came into an Indian Village. our peopple many of them were +weake, being three day with-out any foode, and their feete cutt with +the rocks for want of Shoose, soe an Indian man, crying out, +"ladroones",[20] runs and make what speede he could to Puerta Vella. +so Coxon our Generall cryed out, "good boyes, You that are able to +runn gett into towne before wee are descryed". wee had then about 3 +miles to Puerta Vella. The Indian being too nimble for us, wee being +tired afore, He gott into Puerta Vella about half a hower before us, +and cried out, "Ladroones!" Imediately wee heard the Alarm gunn fier. +wee then certainly knew that wee weare discried. wee made what hast +wee could into the towne, the forloorne[21] being led by capt. Robert +Alliston, the rest of our party following upp so fast as they could. +before ---- of the clocke in the Afternoon wee had taken the towne, +the peopple of the Place takeing to their stronge castle call'd the +Glory, to secure themselves. the next day the Spaniards, being about +two hundred, made an Attempt to come out of the Glory. wee face't them +and made them to retreate back to their Castle to some of their +sorrowes, which fell to the ground. wee kept the towne 2 dayes, +plunder[ed] what wee could of itt, and putt the best of our Plunder +into cannoes which wee tooke their. some men marcht back by lands, +guarding the Prisonnars alonge with them, Hopeing wee should have had +ransome for them: wee carried our Plunder, Plate and prissonars downe +to a Key about 3 leauges and a half from Puerta Vella, The next Key's +to the Bastamentes,[22] and on Tuesday comes away Capt. Robert +Alleston to Springers carreeneing Key, to give notice to the Shipps +which was all their att anchor that wee should make what dispach wee +could to the Bastamentes, wheir our party lay. capt. Alliston +info[r]m'd us that thay had taken Puerta Vella and plundred the most +part of the Towne, without the loss of many men, onely five or six men +wounded, and that a cannoe of the best plunder, as cloth of silver, +cloth of tishee,[23] being soe covittious to lode deepe, sanck in the +river comeing downe; the small fortes fiering, they wounded 2 or 3 men +in the cannoes. Our plunder being carried downe to the Bastamentes, +and our peopple which marched by land being come, carries plunder and +Prissnars uppon a Key lying aboutt half a mile from the maine land. +their came downe about 3 dayes after from Puerta Vella as neare as wee +could Judge seven Hundred soldiers, that came from Pennamau[24] and +arrived att Puerta Vella the tuesday as wee came away the Munday +before. the Spaniards came downe on brest the Key wee weire uppon, and +fired severall small armes, shooteing cleare over this Key, soe wee +tooke our prissnars with plunder and what wee had gotten att Puerta +Vella, and carried to another Key hard by, out of their Reaches, soe +our shipps come downe wheir the partie lay in dispute what to doe, +haveing some thoughts the Spaniard would send to relieve the +Prissnars. keepeing strickt watch, wee saw the next day a Barkque +longo[25] standing in to Puerta Vella, which capt. bartholl'w Sharpe +went out and tooke. Her lodeing was salt and corne came from +Carthagene. Keepeing very good watch att top mast head, 3 day's after +wee saw comeing in a good bigg shipp, came from Carthagene. Our Shipps +and Sloopes weighs and went out and mett her, as she was standing in +to Puerta Vella. Capt. Allisson comeing up with her first in his +Sloope Ingages her, and Coxon seconding him clapps her aborde and +takes her without the loss of any men. some Spaniards fell for thay +fought about one hower. she had Eight gunn's, a new shipp of about +ninety tunn's, the chiefest of her ladeing being timber, salt and +corne, and about 30 Negroe's and about fower chest of silke, Besides +packetts of greate Conscernment from the King of Spaine, as was +Reported by them which by relacion of our armie, thatt our Generall, +capt. Coxon, had presented him in a Jarr of wine five Hundred peices +of gould which he wronged the party of by Keepeing of itt to himself, +he being sworne as well as any other man not to wronge any one. After +this wee sheard[26] our Puerta Vella voyage, which was in money and +plate and plunder wee had to the Vallew of hundred peeces of Eight a +man. then wee concluded to goe downe to Boca-Toro,[27] to make cleane +our shipps, that being the best place to carreene our shipps, by +reason their is good store of turtle and Manatee and fish, our shipps +being made cleane and ready for to sayle about six weekes time, butt +wee fell in with Boca Draga and went thro' Boca Draga into Boca Toro, +wheir seing a saile a cannoe went to her, and found itt to be a Barque +longo, The commander one Richard Sawlkings, who tolde us of Capt. +Peter Harriss's being att Diego's point[28] a carreeneing. wee +dispacht as soone as possible. Capt. Coxon fitted out his new shipp, +leaveing his olde one their, Capt. Essex leaveing his Barkque their +she being so rotten. wee acquainting capt. Peter Harriss and capt +Rich. Sawlking of the greate commerce wee had with the Indians in the +Samboles, was very willing to goe upp with their shipps, so all +concluded to goe upp to capt Lessones Carreeneing Key. Boca Toro lieth +about 50 leagues to leeward[29] of Porta Vella and Boca Drago 3 +leauges to leeward of Boca Toro. all the shipps meeteing att Lessoones +carreeneing Key aforesaid, wheir was orders for our randevous, capt. +Coxon concludes to goe upp to the goulden Islands and to travill over +land to Pannamau, otherwise to a place which the Indians tolde us of, +cal'd Toca Mora. all our English concluded to goe, but capt Lessoone +and capt Jno. Rowe their Peopple refus'd, being man'd all with French. +The Indians being very familliar came uppon a Key to our shipps, men, +Women and children, Informing us that whilst wee weare att Puerta +Vella the Spaniards had beene downe with about Eighty soldiers and had +fell uppon the Indians for their haveing familiarity with us. The +Spaniards did Kill of the Indians by their relation about 20, the rest +of the Indians takeing the mountans for their security tell wee came. +these Indians altho' Heathens yett have those amounge them that thay +call Doctors, that can raise the Divill att their Pleasure. they knew +of our comeing and att what time wee should be their, and when thay +saw us, it was greate sattisfaction to them, wee putting out a signe, +which was a white Jack and no Ensigne, then thay come on borde. thay +offers themselves to goe with us to take revenge of the Spaniards, +which they call by the name of walkers. Wee makeing in all, in mony, +Plate and Plunder, about a hundred peices of Eight a man att Puerta +Vella, peopple was Eagar for more Voyage, and was now fully resolved +to goe to the Goulden Island and hall our shipps into a small Cove or +creeke out of sight of any Spaniard, if any should come that way, +haling our small Barkques and small vessells as close as wee thought +convenient under the shelter of the greate shipps, and order so many +men to stay on borde of Each Vessell according to their bigness to +looke after them, and likewise order was given that if any should come +in their to oppose them, the peopple weare all of them to goe on borde +of capt. Coxon and capt. Peter Harriss's Shipp to defend themselves +and Shipps to the uttmost of their Power. And on sunday, being the 4 +day of Aprill,[30] wee Provides our provission to land next morning +itt being munday. the french shipps we left in the Samboles. next day +about 6 aclock in the morning lands 332 men, being Piloted by the +Indians, who seemed to be very forward in their Assistance, as here +after will prove. + +Thus much for Puerta Vella Voyage. + +[Footnote 5: The wind being on the larboard quarter.] + +[Footnote 6: Fain.] + +[Footnote 7: Hawsers.] + +[Footnote 8: _I.e._, was compelled to sail before the wind.] + +[Footnote 9: Isla de Pinos, on the north coast of the republic of +Panama, some 130 miles east of Portobello. "Samblowes" is a corruption +of San Blas (Islands), in the gulf of San Blas.] + +[Footnote 10: Woolded, wound around with cables, "undergirded" like +St. Paul's ship, Acts xxvii. 27. [Transcriber's Note: Correct verse is +17.]] + +[Footnote 11: Cartagena. Forta is the present Isla Fuerte, +southwestward from Cartagena along the coast of Colombia. The "Friends +Islands" are the islands of San Bernardo, lying between the two.] + +[Footnote 12: Sloops.] + +[Footnote 13: Periaguas or pirogues, like large canoes but with a +square stern.] + +[Footnote 14: Isla de Pinos, just west of the gulf of Darien; see note +9, above.] + +[Footnote 15: Isla de Oro and its companions, a few miles south of +Isla de Pinos.] + +[Footnote 16: 9 deg. 4', more nearly.] + +[Footnote 17: A small galley, with both sails and oars.] + +[Footnote 18: Darien.] + +[Footnote 19: One of the San Blas Islands, perhaps Cayo Holandes. The +buccaneers were proceeding westward.] + +[Footnote 20: Sp. _ladrones_, robbers.] + +[Footnote 21: For "forlorn hope," which is from the Dutch _verloren +hoop_, lost troop.] + +[Footnote 22: Puerto de Bastimentos is a harbor about twelve miles +northeast of Portobello. Columbus in his fourth voyage (1502) gave the +place its name, "Port of Provisions."] + +[Footnote 23: Tissue.] + +[Footnote 24: Panama.] + +[Footnote 25: _Barca longa_, a large Spanish fishing-boat, with +lug-sails.] + +[Footnote 26: Shared.] + +[Footnote 27: The Boca del Toro and Boca del Drago ("bull's mouth" and +"dragon's mouth") are entrances on either side of the Isla de Colon, +at the western extremity of the republic of Panama.] + +[Footnote 28: On Isla Solarte, near the Boca del Toro.] + +[Footnote 29: Westward, here.] + +[Footnote 30: 1680.] + + +_45. The Buccaneers on the Isthmus and in the South Sea. +1680-1682._[1] + +[Footnote 1: British Museum, Sloane MSS., 2752, fol. 36. The chief +narrative of these piratical adventures, and a remarkably interesting +one, is that of Basil Ringrose, which constitutes the second volume of +Exquemelin; see note 1 to document 44. There are also the narrative +signed "W.D." and those attributed to Capt. Bartholomew Sharp (notes 1 +and 3, _ibid._), and very brief accounts in William Dampier's _New +Voyage around the World_ (London, 1697) and in Lionel Wafer's _A New +Voyage and Description of the Isthmus of America_ (London, 1699). The +present narration is by still another participant, illiterate but not +incapable of telling an interesting story, with many additional +details.] + +The Journall of our Intended Voyage by the assistance of God over land +into the South seas leaveing our ships att the goulden Islands, and +landing on Munday Apr'll the fift, Annoque 1682. + + Capt. Jno. Coxon, commander in chief. Eight gunns. + capt. Peter Harriss. 26 gunns. + capt. Richard Sawlkins, in a Barkque. + capt. Edmond Cooke, a Barkque. + capt. Bathol'w Sharpe, a Barkque. + capt. Robert Allisson, a Sloope. + capt. Thomas Maggott, a Sloope. + +All these above mencion'd captaines landed att the Golden Islands, +which lieth about 15 leagues to the westerd of the westmost Point of +Durian[2] bay. this golden Island lyeth in North lattitude nearest in +9 deg. 12'. capt. Allisson and capt. Maggott being sickly weare unable to +march, butt all the aforsd captaines landed with their men, leaveing +onely a sayleing crew on bord Each vessell; their Orders being that if +any should come to oppose them, all hands to repair on Borde Harriss +and Coxon, thay being shipps of force. Being on Shoare wee had about +Halfe an Howers discource with the Indians. thay amounge Each other +chose out two men to goe before the forloorne, to shew us the way. +first of all wee marched through a small skert of a wood, downe to +sandy bay by the sea side, about 2 miles; the marching over the sandy +bay was tiersom, haveing our gunns Amunition and knapsacks of +provant[3] to carry with us, but after wee past this sandy Bay wee +Enters into a wood againe, which lead us into a valley which in time +of raines is full of water. by three of the clocke this day wee Had +martched from the shipps 3 leauges, and takes upp our seate, wheir wee +intended that night to sleepe. their came downe to us one capt. +Andreas,[4] an Indian, with some others with him. he spake a little +Spannish, and gave us the bien venitdo.[5] thay brought Plantins downe +with them, which they distributed to the company, thinking theirby Had +done us a greate Kindness; their garments are made of cotton, they +weare longe Black Hair, the men weare a peice of thinn gould in their +Noses, which is made like a Half moone (like unto the Marg't)[6] +kivering their lipps. some few of them hath itt made of silver. their +women goes bear headed, with longe black Hair hanging downe, wearing a +kinde of white cotton Blanckett over their Sholders, which comes downe +about their bodyes. thay weare in the grissell of their nose a round +ring, some of Silver, some of golde. capt. Andreas tolde us he would +have borne us company to have martched next day, butt that he had a +childe sicke and fear'd would soone die; and when dead, would follow +us with a comepany of Indians with him; and soe tooke his leave of us. +The next day being tuesday, in the morning about 4 of the clock word +was gave to Martch, and that no man, on the loss of life, should fier +a gunn in the woodes, least some Indian Rogues or other should betray +us, by runing afore to acquaint the Spaniards. yesterday two men +tier'd, so went back againe. this tuesday wee Martched upp a very high +Hill. twas neare 10 of the clock before wee gott the topp of itt. one +man more tier'd, that return'd back againe. on this Hill wee could +finde no water, so that the company weare almost famisht for the want +theirof. the Indian pilotts gave us to understand that a little +farther was water, which about 2 of the clock wee came up with; wheire +wee all dranck and Refreshed our selves bravely. about 2 howers martch +farther wee gott downe to the foote of this Hill. on the South side is +a brave River whear wee tooke up our quarters that night, it being the +second night of rest since wee left our Shipps. this day wee martched +neare 14 miles E.S.E. nearest. the next day, being wensday the 7. +ditto, as soone as the Day brake wee weare uppon our Martch. about 10. +of the clocke wee rested and refresht our selves with bread an water, +and Pipes and tobacco; and about 3 of the clock wee tooke upp our +quarters againe, by a river side. in the woodes wee saw some Indian +Hutte, butt no strainge Indians, for wee went a course more to the +southward to fetch a Circute cleare of the Duryan Indians, who have a +continuall Peace with the Spaniard. + +[Footnote 2: Darien.] + +[Footnote 3: Provisions.] + +[Footnote 4: He survived till 1698, to receive the Scottish settlers +of the Darien colony, who also, by the way, had the aid of Captain +Allison, sickly though he is declared, above, to have been in 1680.] + +[Footnote 5: _Buen venido_, welcome.] + +[Footnote 6: Margent, margin--a marginal drawing here.] + +Thirsday the 8 wee wear desired by Our Indian Pilotes to be martching +by breake of day, that so wee might comepass 6 leauges, which wee did. +about 2 aclock wee came up with some hutts, wheir their Kinge lived, +who received us with greate kindness, being Joyfull of our company, as +he Exprest it by presenting us with Plantans, Cassado,[7] Indian +Corne, Drinck, and Rootes; haveing beene with us some time, return'd +to his house againe. his garment was of white cotton made like to a +friars cote. in the Evening the King came to us againe with his 2 +sones, being in one garbe, save that the Kinge had in his Hand a longe +white rodd of about 7 foote longe, and a Hoope of Golde about his Head +for his crowne. this Hoope was about 2 Inches and a half broade. the +Kinge had 3 daughters of womens Estate, very comely Indians, who went +in fine cotton Roped about their bodies. Both men and women tooke much +delight to heare our Drum beate and colers fly but to fier a gunn or +to heare the noyse thay weare afraide. the Kings Daughters fantsied +much to be in our Company, in so much that some of our Peopple by +signes would ask them if they should live with them and thay be their +wives. thay often would make Arrants to their fathers house to fetch +us Plantans. The Kinge tolde capt. Coxon that the next day wee must +nott march butt that he must send one of his sones to gett cannoes, to +carry us all by water downe the river, and that in two dayes march +more (itt being Sunday) wee should come wheir these Cannoes wheir. wee +often mett with Indian Hutts in the Martch, in which the Peopple +stoode ready to throw us Plantans and give us corne drincke.[8] wee +found that they weare makeing cannoes for us as fast as they could. +thiss day wee martcht about 5 leagues and came up with 3 or 4 Houses +close by a River-side wheir wee lodged. hear thay provided about 14 +cannoes which those that weare most tired with martching went into, +about 90 men in the cannoes, 2 or 3 Indians to worke them downe the +River, thay haveing Experience to worke cannoes in a river wheir the +currant runns like an Arrow out of a bow.[9] the cheifest of our +company this Sunday marched againe. the cannoes went downe the River. +wee martched till night, where wee had all the rest of the cannoes +made ready, about 60; in some cannoes their wear 6, some 4 and 3 +Indians according to the biggness. the Indians tolde us that with-in 2 +dayes after, which was tuesday, wee should see the other cannoes which +went away out of the other river;[10] wee weare putt all to a stand +att thiss and thoughts rise amounge us that these Indians onely +seperated us to bring us all to destruction, so thatt wee had much +grumbings amounge us, that thay made Signes wee should nott be +troubled att any thing. the next day, wee haveing cannoes and +Barkloggs enow, wee Imbarkques, haveing 2 Indians in Each cannoe, to +steare them downe, because the freshes runn soe swift as possible can +be Imagind, that the least touch of a cannoe against a stump or Rock +over setts them if nott staves them all to peices. Munday night past, +wee heare no newes of our other party that went away out of the other +river, butt the Indians tolde us by signes that, by such time the sunn +was att such a High as thay pointed, wee should see the other party. +Tuesday Every one takes to his cannoe againe and went downe the river, +and about 10 of the clock we saw an Indian cannoe a setting to us +against the streame, alonght the river side, who tolde us that our +cannoes which came downe the other River was gott to the place wheire +both rivers mett, wheir the Indians intended to meete us. about 2 of +the clock in the After noone we wear gott downe, and wear very glad to +Injoy the comepany of our owne Peopple againe. in comeing downe the +River some cannoes wear over sett; some lost their Armes, butt the +Indians would dive and gett them up againe. one man being left behinde +in the woodes astray, Expecting to Kill something to eate, the Indians +weare soe Kind as to bring him downe to us. thiss afternoone wee fixes +our Armes and cattoch[11] Boxes, Dryes our Poweder. now 20 leagues +farther wee come to a Place called Santa Maria,[12] to which place wee +rowe and paddle very hard alday. this place made all with Stockados, +no greate gunns, but onely a place to keepe the Indians out of the +river, itt being a river wheir thay take much golde. about one aclock +att night wee wear gotten close under the Stockadose, soe that wee +could heare the Centry talke. wee landed about half a mile from the +place in the woods and lay their till day. Next morning wee heard a +drum beate. thay fier'd a small arme to discharge their watch, which +hearing no more gunns fired wee knew that wee wear not descryed. Capt +Rich'd Sawlkings runns up to the Pallassados and all the party +following him as fast as thay could, and fiering att the Pallassados, +and thay att us; fiering with their harkquebusses, throweing lances, +and shooteing Arrowes. thay had within their Pallassados about 200 +men. wee killed about 70 men. after wee had had about half an howers +dispute with them, Capt. Rich Sawlkings runns to the pallassado's with +2 or 3 men more, and halls up 2 or 3 pallassados by maine strength, +and enters in. thay Imediately calls for Quarter, which was presently +granted by us. this was one Thirday the 15 day of Aprill. the Governor +with 2 Negroes and 2 women made his Eschape by runing about a mile +downe the river, wheir he takes a cannoe and makes for Pennamau downe +the river so fast as he could, butt understanding he had made his +Eschape fitted in the Afternoone a cannoe with six oares. capt. +Sawlkings goes in her to see if he could finde this governor butt +could nott. wee lay att these Stockadose 2 dayes. itt is a very small +place onely to shelter those that goes to wash golde in another Arme +of the River, which comes out of a river[13] into this Santa Maria +river. The Injury wee received in takeing the Pallassadoes was that +capt. Sawlkings was shott in the Head with an arrow, and one man more +shott in the hand, butt both soone cured. wee by Examining Our +Prissonars understoode, that 4 dayes before wee came there went away +for Pannamau 2 Small Barques which caried away 4 chests of dust golde. +thay had no newes of us before thay saw us. heare we found butt little +Riches. some church plate, as is reported, was found, some dust golde +in callabasses,[14] some wines and brandy, Jerck porke, good store of +bread. the next day wee drawes out to see who would goe for the South +Seas, that is to say to take Pennamau; att last wee findes all our +party, butt ii which wear unwilling. Our Generall, capt. Coxon, seemed +unwilling, butt with much perswaission went; those ii men that would +returne, wee putts into their hands to carry that plate wee tooke +heare. thay had Indians to conduct them back. Now wee putts our +selves all in Readiness for Pennamau, which lieth about 30 leagues +from thiss Santa Marea river to the Northwards. wee wear 2 dayes a +roweing out of this snta Marea River, before wee gott into the South +Seas. in this place there runns very Stronge tydes of Ebb and floode. +the tydes keepe their common course as thay doe in the North Sea. itt +flowes by the moone S.S.E. soe wee getting out of the river and the +tyde of floode comeing on, wee rowed hard to gett over to a key which +wee saw,[15] and Stopt their till the floode had done. on which key +wee found the 2 Negro women which had made their Eschape alonge with +the Governor of the Stockadose. thay tolde us that the gover'r went +from thence that morning intending to row alonge shore with the 2 +Negro men to Pennamau, he perswaiding him-self that wee would be for +Pennamau. wee sent one of our best cannoes to rowe after him, butt to +no purpose. Butt when wee left the Stockadose, the prissnars beggs of +us to carry them away with us, crying that the Indians would distroy +them all, soe when wee departed that Place wee carried with us what +wee possibly could. no soonar wee came a shore butt wee hears a +miserable crye. the Indians killed all the poore soules that weare +left. Now wee being in the South Sea's goes alonge shoare to a Plantan +Key,[16] which lieth about 14 leagues from Pennamau. wee tooke 2 +Negroes which was sent thether to cutt woode for building as well as +to breede provissions. Barkques come from Pennamau to fetch itt. this +night as wee lay here wee saw a Barque on the back side of this key. +wee man'd 2 cannoes and went out and tooke her. she fier'd 2 or 3 +small Arme's att us butt did not any harme. next morning we went all +out from the key in our cannoes. Our Gen'll capt. Coxon bad all +peopple that wear in small cannoes, to goe on borde the barkque and +putt their cannoes adrift. capt. Batt Sharpe went into the Barkque +commander, and about 135 men, which had beene in very small cannoes +and fearfull thay might Sinck under them. wee understood by this +barkque that wee wear nott as yett descried att Pennamau. this day +wee makes sayle, Keepeing the Perriaugers and cannoes company. that +next night wee saw another Small Barkque which capt. Peter Harris came +upp with in his cannoe and tooke. she had on borde her about 20 Armed +men. thay fought about a quarter of an hower, wounded one of our men. +capt. Sharpe looseing comepany in his barkque that night went away to +the Pearle Keys.[17] Heard of a new Barkque Just launched, wee found +to be trew; soe wee tooke the new one and sank the olde one wee first +gott. wee gott their some plunder out of a House. this Night wee makes +what sayle wee could to gett our party which went for Pennamau. capt. +Sharpe haveing the 3d. part of the comepany one borde him disabled the +Party, so as thay dirst not venture on Pennamau. Butt seeing 6 or 7 +sayle of Shipps lying of att the Keys of Perico,[18] which lyeth in 9 +degr. North lattitude and about 2 miles from Pennamau, wheir All the +shipps that come to Pennamau rides, Thay putts for the Shipps, butt +the Gover'r that had made his Eschape att the Stockadose did nott +discry us, butt tolde them Sta. Maria was taken, by what nation he +could nott well tell butt thought itt weare English. A Barkque wee +gave chase to butt could nott fetch her upp. she seeing all our +cannoes getts into Pennamau and makes alarme. their was by Relacion +putt on board the shipp and Barkques which came out to fight us 300 +Soldados[19] and Armed men. wee had about 3 howers dispute and tooke +them all. wee killed and wounded many men. And Brave vallient capt. +Peter Harriss was shott in his cannoe through both his leggs, bordeing +of a greate shipp. their was nott any gott cleare only on [one] small +Barkque that rann into Pennamau againe. itt being all done and Quiatt, +the Spanish Gen'll[20] being kill'd wee tooke his Chief captaine, one +capt. Berralto,[21] who being an Antient Seaman in those seas we +caused him to be our Pylott, he being the commdr. of that shipp that +carried away the Riches from Pennamau to Limma about 12 years since, +that same time when Sr. Henry Morgan tooke Pennamau. this capt. +Berralto was much burnt, and his peopple most of them kill'd and +blowne upp, for as thay fought us thay had scatter'd loose powder on +their decks, which tooke a fier by some accident or other, that wee +seeing itt borded them and tooke them. these 7 sayle of shipps we +tooke att Pennamau was not above half unloded. their lading was +flower, linnen and woolen cloath, one greate shipp half laden with +Iron. wee desierd of capt. Berralto which wear the best saylors. he +told us on his word the _Trinnity_ was the best in the South Seas, soe +wee pitched on her for Admirall,[22] putting capt. Harriss abord that +was wounded. the Doctors cutting of one legg itt fester'd so that itt +pleased god he died, so wee lost that Valliant brave Soldiar. then wee +putt in capt. Rich'd Sawlkings into the Shipp _Trinity_ and made him +Our Admirall. our former Adm'll[23] nott behaveing himself Nobly in +time of Ingagement, was something houted att by the Party, that he +Imediately went away to goe over land. wee gave him a small barkque, +with which he return'd to the river of Sta. Maria with about 70 men +alonge with him, capt. Richd. Sawlkings being now the chief commander +in the Shipp _Trinity_, capt. Cooke commander of a Barkque about +Eighty tunns, capt. Batt. Sharpe in a small Barkque that came from the +Pearle Keys, and another small barke wee kept to weight uppon us. thay +fierd their gunns off from Pennamau to us butt did us no damage. wee +solde wine to Spaniards that came off shoare to buy itt by stillt, and +thay brought us off hatts and showes to sell; butt about the sixt of +March,[24] and the very next day that capt. Coxon our Adm'll went +away, wee saw a shipp. wee gave her chase and tooke her, with capt. +Batt. Sharps Barkque. she came from the citty Limmo,[25] most of her +ladeing was flower. fifty thousand Peices of Eight in her and some +silkes. capt. Sharpe shifted out of his Barkque into thiss Limmo +Shipp; wee tooke what was needfull out of her, for dyett, wines, +brandie, and what elce wee found good, and burnt and sunck all the +rest. Kept onely those shipps aforemenciond for our owne use. Wee +resolveing now to cruise these Seas, for wealth, wee stands from this +Place or the Keys of Perico (so called) 3 leagues to another Key, very +well Inhabited, to fill our water for the Sea, butt findeing we had no +meat to eate (altho' Enough flower, Brandye and wine) wee concluded to +gett som. to that end some Prissnars telling us of a Place called the +Yjakeell,[26] a very rich towne, and that their wee might a voyage att +once, Our Adm'll capt. Sawlkings was willing to goe to this place +before they should have any Knowlidge of our comeing, butt our +peopple, being head stronge, would have meate to eate first. this +Pennama lieth in 9 deg. No. lattitude in a bottom of a bay. wee sett saile +with our greate shipp _Trinity_, and capt. Sharpe in the Lymmo shipp, +and capt. Edmond Cooke in another Barkque, and 2 small Barkques, 7 men +a Peece, very Head stronge fellowes, which sepperated themselves from +us. wee saild S.W. and B.W.[27] and W.S.W. about 60 leagues and came +up with these keys of Quibo Nueve,[28] or the keys of the new towne, +wheir all shipps that goes from Pennamau to Lymmo touches to water and +all shipps that come from windward makes these keyes if thay are bound +into Pennamau. here is good Pearle oystars And fishing and Deare on +the Keys. the 28 day of Apr'll capt. Sawlkings comes on borde capt. +Edmond Cooke with about 60 men, goes to saile, and carries him into +this river called Pueblo Nuevo.[29] wee went into a river by the +Assistance of a Pilott. capt. Sawlkings went ashore with about 45 men. +the barkque went in as far as she could and came to an Anchor. they +went up the River and landed Just against some Stockadoes which thay +had built by the river side for the security of their men. Our +Valliant Gen'll capt. Salkins landed him-self first and went into the +Savana and saw aboundance of Peopple their. one Molatta mett him, +whome capt Sawlkins Shott downe. Returnes back a little way, askt if +the Party wear all landed and ready. Answer was made, "Yes." then said +he, "follow me and doe not lye behind, for if I doe amise You will all +fair the worse for itt." Hee went up corragiously with some brisk men +with him, butt their was provided Mollattas and hunters with their +launces which came to oppose him. He fierd his Pistole and shott downe +one Musteese,[30] the rest fiering and lodeing as fast as they could, +but the Spaniards coming in uppon them so fast that kill'd capt. +Sawlkins and 3 men more. thay tooke one alive. wee heard him make a +dreadfull noyse butt could not rescque him, butt was forst to retreate +to our cannoes, and goe off as fast as wee could, thay comeing downe +so fast uppon us. Wee found in this River 2 barkques: one we burnt, +the other wee brought out which was laden with pitch, She seemeing +likely to sayle well. our peopple went aborde againe of capt. cooke, +which lay with his barkque att the Rivers mouth, telling us that capt. +Sawlkins was killd with 3 men more, to our greate sorrow. wee saild +out with the barkque to the Key wheir the greate Shipp lay, about 5 +leagues from this River, to the Southwards. when the parties came to +know that capt. Sawlkins was kild and that thay could discover him to +be our Admirall by the ring he had on his finger, a Present from the +Governour of Pennamau,[31] He sending him this token and with all to +meete him on shoare with a hundred men to try their manhoods against +one hundred of them. capt. Sawlkins returnes this answer, that in case +he would bring out one hundred thousand peices of Eight he would meete +him, with one hundred men against his, to fight him for the money, or +Elce resolved to die in that Place. butt the gov'r of Pennamau +refused so to doe. Now capt. Sharpe goe's aborde the greate ship the +_Trinnity_, as chief commander. capt. Sawkins being very well beloved +by the party that saild with him, and Sharpe ill beloved, their was a +party of sixty men went to returne over land, to whome wee gave capt. +Cookes Barkque to carry them downe to the River of Sta. Maria. He +Entring into the Barkque that was tooke in the River Pueblo Nuevo, +which Barkque wee tooke on the first day of may and named her the _may +flower_. Butt upon some disgust or other capt. Cooke left his _May +flower_ and went on board the greate Shipp as a private Souldiar. +capt. Batt. Sharpe, being command't in chiefe, putts a commander of +the _May flower_ one Jno. Cox. att these keys wee fil'd our water and +putts to sea to ply to windward. these keys lye in 7 deg. 20' North +lattitude. we had the wind att S.E. and B.E. and S.E. wee stood to the +Southward, steming S. and B.W. and S.S.W., butt little winde and +sometimes calme. wee tried the currant and found itt to sett E. and +b.S., a stronge currant. when wee had by our Judgement 60 leagues +offing, wee had thoughts to goe to a parcell of Keys cal'd the +galloper, which lieth 100 leagues in the offing from the Isle of +Plate, and under the Equinoctiall.[32] we haveing here the winds +hanging much in the S.W. quarter, wee stood to the Southward about 8 +dayes, with our starborde tacks aborde, and in the morning about 8 of +the clock, wee saw the land, which proved to be an Island called the +Gurgony.[33] wee intending to cleane the Shipp Stayes here, and +findeing a good bay, wee conscidered of itt and concluded to carreene +here. wee findeing this Island good Stoare of water and fish, Oystars +and Indian Connyes, and Monkeys which wee Eate for want of meate. this +Gurgony lieth in the lattitude of 3 deg. 7' in a deepe bay. no +Inhabbitance on't, save fishermen and those that dive for Pearles. +her's good tree's for mast and timber, And for many other uses to +furnish a shipp. wee carreen'd the greate shipp by the small barkque +cal'd the _May flower_, built a house on shoare to putt our Rigging +and saile in. Our greate shipp heaveing downe very taught, wee could +not [bring] her keele upp by a streake.[34] itt flowes att this Island +two fatham upp and downe.[35] wee made fast our cable to the trees, +and the other Anchor in the offing; all being done to both shipps, in +six weekes time wee putt to sea againe, intending to windward, and +Orders was given, in case of looseing company, that wee wear to make +the best of our way for the Island of Plate. att the beginning[36] of +July twas, wee putts to sea both together. winds att S.S.E. and S. and +B.E. wee stands with our Star-borde tacks aborde, standing over to the +Island of Barrakoase or elce called Cock Island.[37] this Isl'd lieth +in under the land, and is inhabbited with 7 or 8 families, as our +pilot gave us an account. our former new Barkque, as wee heard, was +taken into thiss river of barrakoase, and all butt one distroyed. the +land here is high champian land far in the cuntry, butt near the water +side low and Mangrovey. It lieth alonge W.S.W. 90 leagues, till wee +come up to a key cal'd St. Francisco.[38] wee turn'd in up within 3 +leagues of the shoare, with both shipps. wee Indeavord to stand in +with the land in the night, to gaine the land winde. about the fift +day att night after wee had been outt of the Gorgony, wee fortun'd to +loose company, which brede greate disturbance on borde the Greate +Shipp, which had 150 men on borde, butt much more fear and Rangling +was on borde the _May flower_ for fear wee should all be putt to our +Shifts, being in an Enimies cuntry and unknowne Seas to us. wee in the +_May flower_ follows the order received from the Admirall and makes +the best of our way for the Isle of plate. as itt appeard after-ward +the greate ship stood into the offing for 2 dayes and the _May flower_ +turning alonge shoar, gott to the Isle of Plate before the Ship +_Trinity_ 3 dayes; wee wear about 15 dayes a turning up. the winds +blow att S.E. and b.S. and S.S.E. most Here, with-out itt be in a +turnado. this Isle of Plate is so called because in former time Sr. +Francis Drake tooke their Armado of shipps, which was bound downe to +Pannamau, and carries them into this Island, and their shares their +wealth, as capt. Barralto related to us,[39] so that since the +Spaniards have called itt the Isle of Plate. here wee have good +Anchoring in about 14 fathom water, in a brave Sandy bay. You anchor +against the body of the Island, bringing the Sandy bay to bear S.W. +and S. of you. itt is well furnished with gotes, which caused us to +touch here for fresh meates, butt no fresh water that ships can +conveniently fill att, except in the time of raines. we lay att an +anchor here 3 dayes. one man comeing from the South side of thiss +Island saw a Shipp off att sea standing into the shore plying to +windward. itt rejoyced our hearts hopeing to be the _Trinity_ our +Adm'll, which so proved. the next day She gott Inn, which caused Joy +on both sides. here wee gott some turtle, which are butt small to +those in the South Sea's. The greate Shipp was damag'd by standing so +far to sea outt of the bay of Gorgony, twisting the Heads of her lore +masts, occasiond by hard winds which blew att S.S.E., butt as soone as +the carpenters had fitted the heads of the mast wee putt both to sea. +this Isle of Plate lieth in 58' South lattitude.[40] the Greate shipp +being now more in her trim out sails the barkque. now wee learning of +a Place cal'd Arico that lieth in south lattd. 18 deg. 40',[41] a rich +place, Intends thither, But delaying of time att gorgony, advice is +sent from Pennamau up to a towne cal'd Yaceell,[42] a very rich place +for golde, which befor capt. Sawkins was kill'd intended to have +tooken, butt after the 60 men had left us, wee had Informacion thay +wear provided for us, soe wee stood upp alonge shore to goe to Arica. +in 2 dayes wee getts up as high as St. Alena, which is a point. itt +lieth in south lattd. 3 deg. 5'.[43] the greate ship towes the small one, +because would gett to windward before discried. this River of Yseell +[Yaceell] is a brode river, about 35 legs[44] att the mouth. the towne +lieth Near 40 leagues up the River. about the middle of August one +night, as the greate shipp had us in a towe, we saw a saile in the +darke. wee lett goe their towe, and made what saile we could to her, +comes in half a hower up with her, and ha'ls her. Shee fierd a +Harkquebus att us, att which wee presented them with a whole Volley; +she fier severall small gunns at us, and wounded 3 men. one of them +after-wards died. wee laid her aboard and tooke her. She had about 30 +hands in her, fitted out for an Armadillo[45] to come downe to the +Isle of Plate, to see what a posture wee lay in; their was on Borde 2 +very Honorable gentlemen, which came out for ther Pleasure to see us, +wee being term'd amounge them a strainge sort of Peopple and cal'd by +the name of Laddron. thay tolde us that 4 dayes before thay came out +of Yakell saild a shipp bound up for Lymmo, loden with tymber, woolen +cloth, thred, Stockings and some silks, which if wee kept under the +shoar as shee did wee must needs see her. thiss Vessell wee tooke, +nott sayleing so well as the _Trinity_. wee rummages her, takeing what +was good, towes her 35 leagues off to sea, cutts her maine mast by the +borde and give her to the Prissnars, giveing them water and flower +enough that thay might not want. wee kept the 2 gent'men and the +master to pilote us. wee stood into the river of Yakell and makes the +land. att the south side of the river about 16 leagus within is cape +Blanco which is the southermost point of this river Yacell, and cape +Blanco lieth in 4 deg. South lattd. point a St. Alena is a very remarkable +land to beknowne, for tis like to a shipp with her keele up. thiss +cape blanco is a very barren land, onely small brush growes uppon itt. +thay cals to us out of the greate shipp, aboard the _May flower_, to +goe in under the shor to anchor, which wee did, and hal'd on borde of +them. thay tooke out our water and flower and what was necessary and +cutt a hole in her bottom, so wee all went on borde the _Trinity_. by +takeing a small armadillo barkque, wee have Intelligence that a small +Barkque of 7 hands of our's, one Morriss Connoway commdr., was taken +and 6 of them Kill'd in the river Baracoes, onely one saved which +speakes good Spannish, which suppose to be one Tho. Hall, whome the +Spaniard hath prissnar att the river Ketto.[46] wee weere sorroy to +hear it but could not help itt, neither knew not how to gett the other +off that was alive, he being about 60 leagues in land. wee cruised +under the Shoare for the shipp which came out of Yacell bound for +Lymmo, which lieth in 12 deg. South Lattd. by our prissnars wee understood +shee had brake her mayne yard and was putt into Payta,[47] butt +standing to and throw under the Shore wee saw a sayle to windwd. as +farr as wee could descerne. wee stood after her all night and the next +morning was within a league of her, the wind blowing a brave fresh +gaile. by 12 aclock was up with her and found her to be the saime +shipp thay tolde us of. wee had all manner of cloth in her, thred, +Stocking and a very good linnen and silk plunder, some wine and +brandy, very little plate, saveing a cupp, dis[h] or plate or soe in +the cabbon. after wee had Plunderd her what wee would, wee towes her +40 leagues into sea, in the lattd. of 7 deg. 10' So. lattd. wee cutt her +maine mast and mizan by the borde, and putts in a greate many +Prissnars, keepeing the Master of the Small Armadillo and Barralto for +Pylotes. Now wee are all with one conscent bound for Wind-ward, +bloweing a fine ordnary gaile att S.S.E. and S.E. and B.S. wee stands +close-hald into sea, steming S.W., sometimes S.W. and B.S.; sometimes +the wind came in flawes, that we lay but S.W. and B.W. wee generally +counted that wee made west 30 deg. or sometimes 20 deg. degree's course to the +Southward of the west of cape Blanco, which lieth in 4 degrees. wee +mett with very hard winds, but after wee gott as high as 7 deg. degrees, +oppositt to a point of land called Point Agoohow,[48] wee had easey +winds that wee seldome reeved our topp-sailes. this land trenches away +from the Point Agoohow till you come to Arrica, which lieth in the +bottom of all the bay in the lattd. of 18 deg. 40' So. lattd. S.S.E.[49] +wee Stretches of to Sea about a month and getts into the lattd. of +Arrica, then wee had att the chainge and fall of the moone a small +w.n.w. wind for 3 or 4 dayes togather. wee stears in E.S.E. with all +sayle wee could, the master att that time Imagining that that course +would fetch Arrica, butt the wind comeing att S.E. and b.E. and S.E. +wee found that wee could lye but E. and b.N. here wee found 8 deg. +variacion and as wee runn to the Southward wee found the variation +more. makeing what saile wee could, being in the lattd. of Arrica 380 +legs., Imagining wee should be discryed before we gott in, wee fell to +leewards of Arrica about 14 leagues, by a bay they call the bay of +Yellow.[50] meeting under the Shore with a leward currant, was a week +longer than expectacion turning up to the bay of Arrica. wee came +about the beginning of October, and to my best remembrance, Indeavored +to land the Second Day. att the north side of the bay, wee mand our 2 +cannoes with 30 men and our Stricking Dory with 8, Our perriauger with +37 men. wee roade to the Shore butt found their no landing, soe that +wee return'd againe, and stood in directly against the Morro Head,[51] +which is a High Hill made white with foules dunging on't, which lieth +Just over the towne of Arica, a very Remarkable Place to be knowne. +itt lieth att the wester part of thiss bay of Arica, on which thay ust +to keepe a looke out. Especially now hearing wee wear in the Seas, and +bound upp to take that place, kept the strickter watch. wee saw, that +after wee had made a second attempt, to goe ashoare, which was the +night following we made the first, that thay knew of our coming, for +Just as wee wear goeing to land in a bay about 2 leagues to the +Southwards of the towne, wee saw many horse men rideing alonge Shoare, +so that wee findeing no convenient Place to land, rowed a little of +Shoar and consulted togather. wee lay in sight of the shipps, and saw +5 or 6 sayle vaporing and fiering off their Paderrero's[52] to +frighten us; some of our Peopple would have gon in to have distroyed +them, and others being backwards would not, soe all returnd aborde of +our man of Warr _Trinity_; and makeing the best of way to windwards. +Capt. Batt. Sharpe being our commandr., and haveing gott money by the +death of our former capt. Sawkens, and more that he gott by Play, was +Intended thiss year through the streights of Majelena,[53] butt some +grumbled saying thay had not Voyage Enough, and weare unwilling, so +that their was a debate amounge the peopple and capt[ain], butt +stretching of itt into 29 deg. and 30' wee weare Informed of a towne in +thiss lattd. its called Quoquemba,[54] a towne of 7 churches, no longe +settlement butt a mighty Pleasant place and very rich of gold and +silver. A Delightsome garden for all sorts of fruite, a[s] cherries, +Appricocks, Peaches, Apples, pares, prunellos, Strawberrys and all +things which grow in our Northern Parts, and curious small runing +River parting Every mans land, mighty Pleasant to beholde. thiss towne +of Quoquemba wee takes, butt wear discried 3 dayes, as wee heard +Afterwards, By a flagg of truce which came in to treate with us. thay +gotten away their mony and Plate out of the towne, onely some Church +Plate with Silk hangings we Plundred. in the towne we tooke fresh +Provission, as biefes, hoggs, and wine, which is made hear, And +indifferent good Brandy wee carried on boarde. wee landed here on a +Tuesday Morning, an houer before day, att a store-house which is made +att the S.S. west part of the bay, from whence capt. Batt Sharpe and +rest of the party (onely[55] those who wear left in the cannoes and +Launch which was 2 in the cannoes, and 3 in the launch) marched for +the towne of Quoquembo. 35 of our party as they wear Marching mett +about 150 Spaniards, most on horseback; thay had not all gunns, some +launces, other Spade's; more of our Party comeing upp, seeing the +foloorne so much Ingaged, thay wounded one or 2 of their horses, with +some of the Spaniards, which made them to retreat to a greate hill, +about 5 mile from the towne. wee Entred the towne and kept possession +of 4 dayes. wee askt the flagg of truce five hundred thousand peeces +of Eight for the randsome of thiss towne, and told him that the next +day by 10 of the clock, thay should bringe their money, otherwise wee +would burne the towne. the next day the flagg of Truce came downe by +12 of the clock, and tolde us thay would give no randsome. wee +understood thiss flagg of truce Had a suit of law in hand, and was +likely to be cast, as he afterwards told us, which would be the ruing +of him-self. he shew'd us his house and desier'd us to sett fier on +itt, whatever wee did. fa[r]ther told us that if we weare not gone the +next day thatt thay had gotten togather 600 men and most of them +Armed. wee gett the Plunder of the towne what wee could. Next morning, +setts most part of the towne on fier and Martches to the bay. their +our cannoes mett us and tooke in our things wee brought downe and +carried on borde the shipp, wheir she lay att Anchor within a Mile of +the Stoare house, Just within a Rockey Poynt. the land lay in the +winde 2 Points without her. the night before our Party came downe, Our +Shipp had likt to have beene burnt. A Hogg skyn being blown upp and +sowed tyte, some fellow of a Spaniard had Venterd off and laid itt on +the rudther and Stearn Post (itt stufft with powder), satt itt on +fier, and went away unseene by our Peopple. some of our men smelling a +strainge Smell, run to and thro' about the Shipp to see for itt, +lookeing every wheir. One man, seeing a light come into the Cabban, +lookes out att the Stern-Portes, and spies wheir itt was, cryes out +for more help, and by a providenc of God gott itt speedily out. some +Imagined itt to be a Plott of the Prissnars aborde against us. some +wear for killing capt. Barralto, because att that time he hid himself, +others for keepeing him alive till our capt. and party came on board, +which the next day thay all did, and being acquanted with what was +past concludes to sett them on shore here thatt wee had had 7 or 8 +months, Don Juan and his Cossin, a fine younge man, capt. Juan and +capt. Barralto wee putt ashore, all att thiss storehouse in the bay of +Quoquemba. wee wear glad to be ridd of them butt thay much more glad +to be cleare of us; butt before thay went ashore thay understoode that +wee wear minded to goe to two keys that lieth from thiss Place S. and +b.W. and S.S.W. about 90 leagues off shoare in the lattd. of 33 deg. 45' +south lattd. These keys are called Don Juan Francisco's[56] keys, +because he found them out first, and Putt a parcell of goates on them, +and since have bredd to a mighty number. aboundance of Fish and +Seales; as fine keys as any in these seas to recruite att, being water +and wood Enough. all is on the Easterd most key. these keys lieth East +and west one of the other, 20 leagues distance by Relacion of some +Prissnars.[57] on the westermost key is no anchoring for Shipps +neither any cattle, so that wee did nott stop their att all, but went +to the Estermost key, wheir wee come to anchor, with a northerly +winde. att the South sid of thiss Island is a brave Sandy bay but no +rideing if the wind come out Southerly; then you may runn downe to the +leeward side of the Island. Our master, Jno. Hilliard, for some +misdemeanor was turn'd out of his Place, and his mate, one Jno. Hall, +putt in Master. Hall went with a cannoe mand to Leeward to find a bay +which he thought might have beene a good place, seeing no better, so +wee ridd 2 dayes with the Shipp at the Southermost bay. the wind +coming out againe att S.E. and b.S. and S.S.E., we waied and putt to +sea, fearing twould blow hard, itt being an open bay. so wee rann +downe to thiss other bay our new master had found out, and lett goe +anchor. our cable parted. wee weire faine to goe father to looke for +another anchor Place, and about 4 miles to the N.W. we saw a fine +large bay and rivers of water, that wee filled our water close to the +water sid, wooding convenient, fish great store, Seals Inumerable, +butt we eate none, gotes mighty Plenty. the Islands are butt small, +nott above 7 miles round, butt very high and Hilly, full of Valleys, +so that wee rowed on the westward sid of the Island to windward or to +the southward to hunt for goates. In thiss second bay of anchorag, +came downe such flawes of wind out of the Valleys that our Anchor +could nott hold, that wee almost drove aShore. our Peopple cutting +wood and filling water, which was the greater Party, haveing no love +for capt. Batt. Sharpe, concludeing togather to turne him out of his +capt'shipp, which thay did, and Putts into his Place a stout rugged +fore man as captaine;[58] itt was much trouble to capt. Sharpe to be +thuss served, butt could nott help himself, for the peopple weir +Resolved nott to goe home by Sea before thay had more money. wee lay +in thiss small bay, which was about 2 miles to leeward of thiss greate +bay, about 3 dayes. wee made hast and gott our Anchor we lost and +water aborde, and the most part of the wood wee had cutt. wee wear +minded to have spent a moneths time att thiss key of Juan Fernandus +and then to have gon downe to have cruised till the next Year; Our +Blacksmith was ashore prepareing to have built a forge, and made Iron +worke for the Shipp, and Intended to have burnt charcole. he had +partly fixed his bellose. wee had two men of warr cannoes gon to +windward for goates and had found, by relacion, 150 fatt ones, butt +sleepeing alnight by a fier att the Sea Side and in the morning went +to fetch their goates, lookeing out to se if the Sea weir cleare of +shipps Spyed within 3 leagues of the Island 3 greate saile of Shipps, +Admirall, Vise Adm'll and Rear Adm'll; seeing thiss, made what hast +they could to their cannoes and soe on borde shipp, leaveing all their +goates behind them bound. as soone as thay came near the Shipp thay +warned us with 3 Motions, that wee understoode their was 3 saile. wee +gott all our peopple that weir on shore off and what other things wee +could, gott our anchor on bord, had nott time to gett the Other butt +lett him slipp, hoysted in Our launch and canno's. by thiss time thay +weir came within sight of us; so near that wee could se a weapon +florrished on the quarter deck of the Adm'll. wee understoode wee had +left one of our Strikears on shore that had gott under a tree to +Sleepe, sent a cannoe for him but could not finde him, soe came of to +the Shipp and left him their.[59] these 3 shipps Clings the wind and +stands After us. the reare Adm'll which was the least had 12 gunns, +their Vise Adm'll 16 and their Adm'll 24. Our new capt., being Jno. +Watkins, would have gon aborde the Adm'll if the Party had beene +willing; wee could wronge them by sayling att our Pleasures, bye or +large, soe that wee played with them a day and a night. then wee +concluded twas our time to goe downe and take Arrica, the Place that +wee made an attempt att before. wee made what sayle wee could, +Steering N.E. and b.N., to fall in about 30 leagues to windward of +Arrica, which wee did very well, but we weir tolde of a fishing key +that lay hear abouts 18 leagues from Arrica;[60] wee concluded to go +thither, which was our greate folly, and so standing off and on, those +on the key saw us and forthwith sent to Arica to informe them of us. +Our man of warr cannoes, roweing alonge shore to thiss Key, was 2 +dayes before came up with itt, which att last did, and took 2 Antient +men Prissnors, about 75 years of Age. here we gott some fish and wine. +our peopple Examin'd the 2 old men, found them in two tailes, the one +being trew, the other not, as wee found Afterwards. the one tolde us +that Arica had news of us and that he believ'd thay would be provided +for us; for he sd. a Post would ride from the sand key to Arica in 3 +dayes. for thiss Speech the man was shott downe by our quarter master +Jno. Duill. the Other was made much of, because was supposed to speake +the truth. soe wee made what hast wee could to Arica, and on a sunday +Morning, itt being in March, wee landed 82 men, wee understanding itt +to be a small towne. our orders was, if wee saw 3 Smokes rise from the +hill thay called the More, wee should make what hast wee could into +the harbor. Our Peopple marching till thay came to the towne, saw no +peopple till they Entred the townes End, wheir thay found Every topp +of a house fitted for them, and a fort of 12 gunns mounted. their +houses hear are built all flatt att the topp, for they never have any +Raines, no, nott in the remembrance of the Spaniards, butt very greate +dewes. Wee fell on the towne smartly, and became Victors in fouer +howers time so that twas our owne, Notwithstanding their was above 700 +men In Armes, att our comeing.[61] all the Cuntry within 20 myles was +come inn and more in greate Number comeing. wee tooke the biggest +church to Make a Hospitall for our wounded men, which weare about +tenn, and six killd out right. Our capt. Jno. Wattkings was kill'd att +the same time, to our discomforts. One of the capt. of the Spaniards +which wee had taken, Spake in his owne linqua[62] to thiss Efect, +"Gent men, I know you are men come to seeke a fortune, if You want +money or Plate goe alonge with me, I will shew you wheir their is more +then you all can carry away." wee gave no credit to him, butt was +minded to fall on uppon the forte to take their greate gunns for the +shipp, haveing none on board. Our Party being so tired, and cutt off, +wee weare feigne to leave the greate gunns, money, all the Rest of the +rich traide which was in that small towne. three of our Doctors being +in the Hospitall Church dressing of our wounded men, had about 6 men +Order'd to guard them with their Armes. after wee saw we weir so +worsted and beaten, fighting against so greate Advantage, Some +peopple rann to bid them come away as could march, for our Party was +gon out of the towne. the Spaniards seeing thiss gott fresh to their +Armes againe, and rallied upp with us about the church that they durst +no come out, so that their was left 5 well men besides the 3 Doctors +which had not one Dropp of blood spilt from them. one or two of the +wounded men that had good hearts gott up and rann to the Party, and +tho' thay had many a shott made by the Spaniards att them, yett Scapte +clear. so many of our Party being almost choked for water, made use of +their owne; butt comeing downe to the water side wheir the launch and +cannnoe lay reddy to receive them, their follows them a parcell of +Negro's and Mallattos, which stood on a High Hill Just over the +Cannoes and throwes Downe Stones and Launces on Our Peopple. In thiss +frey, wee had taken, kill'd and wounded about 30. Wee Judge wee could +not Distroy of them less then 150 or 200 men, for they lay very thick +in the Streetes. Their governor or Gen'll was upon a Hill calld the +More, on Horse back, Just over the towne, from whence he could see +into every Streate and which way wee went. he often weaved to his +soldiers from thence, With his Handkerchiffe, to gave them notice +which way wee went, and crying out, "Valiente soldados, buina Valienta +Soldados."[63] Some of our peopple passed a shott att him but could +not have the fortune to hitt him. Our former new capt., Jno. +Wattkings, being kill'd att this Place, capt. Sharpe would have thrust +himself capt. againe. Soe that our party resolved to goe downe to +leeward. The most voyces wear to have the shipp, the lessar to have +the Launch and two cannoes. One party was resolved to stay, the other +to goe over Land, as will be presently related. wee now wanting water +and soe like to be in greate Distress, considered, and with the advise +of our Spanish pilott wee must goe into Ylo[64] for water, butt wee +learneing by some Spanish Journalls that their was water 14 Leagues to +windward of Ylio, which place wee Indeavord to comepass, and comeing +thither, found such a sea goeing as could nott gett ashoar with our +Cannoe; Soe Endeavor'd to gaine the Keys of Juan Fernandas againe. But +the windes bloweing so much southerly we could nott. soe leaveing itt +into the Shoare with our Starboard tacks on board, fetcht the bay +the[y] call't Vispo, in which their is a brave River and very good +water, which bay lieth in South lattd. 29 deg..[65] So wee fill their +about six tunn of water, And by Informacion of a Prissnor their taken, +that att Coequembo lay 2 men of warr, and he beleived would be downe +next morneing, thiss bay of Vispo being butt 15 leagues N. and b.W. +from Coquembo. att thiss Place wee found a new barkque and building. +some sheepe and goates wee brought of for foode, butt the Barkque wee +left, hopeing to have better of her hereafter. Putting out of this +Porte wee saild alonge N.N.W. 3 dayes, about 8 leagues of Shoare, to +another bay lying about 24 degrees South lattd, A Bay cal'd by the +name of Capt. Drakes his bay, Because that when he was their he +water'd. their is a brave fresh water River, And to thiss day is +standing a church which the sd. cap. Drakes causd to be Built for his +Memoriall; alltho' wee could nott gett on shoare by the Violence of +the Suff, yett the church was very vissible to us, nott being above +one quarter of a mile from itt.[66] so that att last wee wear forc't +to goe to Ylo to fill our Bumkings[67] with water. wee stay'd hear two +Dayes but dare make no longer stay, for fear the cuntry should come +downe uppon us. This Ylo lieth N.W. and b.W. from the Afore named +Arica, above 26 leges, And in the lattd. of 17 deg. 45' South lattitude. +Ylo beareth from the Citty lymmo S.B.E. 120 legs. now haveing fill'd +thiss water we putts to sayle to carry the party which was minded to +Martch back into the North Seas. wee rann down alonge, N.W. and by N. +and N.W., Just keepeing sight of land because would not be Descried, +which way wee went. About 9 dayes wee saild N.W. and b.N. and N.W., +and meeting with a Strong Currant which as wee Judged Satt N.E. into a +bay, wee fell in with a small Island about five Miles round, in the +lattd. of 7 deg. 40' So. and about 12 leagues off the Maine shoare. to +thiss Island our Prissnars tolde us severall Barkques came to for +pretious Stones, which weir to be found their. Due East from thiss key +lieth Another which is Inhabbited, 7 leagues from thiss key and 5 +leagues from the maine or Trucksilly,[68] which is a towne wheir is +water, and on thiss key cattle; aboundance of Fish is made here. Wee +Just weatherd the small Rockey key on which the Pretious Stones are +founde; wee had the wind att S. and B.E. and S.S.E., a fine topp saile +gaile and fair weather. wee Steares away N. and b.E. to make Point +Sta. Alena, the Point that is before discourst of, that makes the +Northermost Point of the River Yakeell. the next day was upp with the +Isle of Plate, which lieth in South lattd. about 50'. then the Party +thatt resolved to goe over land, began to provide for Vittuall. their +was about 56 of them, which carried away what thay had. thay had a +launch and two cannoes. itt was on Sunday, after wee had din'd with +what wee had, which was att that time onely bread and water. and now +being under the Equinoctiall about a ii leagues from Shore wee [saw] +Mount a Christo plaine,[69] that lieth some leagues in the cuntry, The +Mount bore of us E.S.E. these poore men when parted from us had about +5 leagues to goe, before could Conveniently Land, for wild Indians and +negro's, which by shipping formerly their was cast away, and since +grone very Populus and Barberous, As we wear inform'd by our +Prissnors. thay did intend to take thiss island of ---- or Cork +Island, which lieth in the bay of the Gorgony. now thay being gon both +parties wear much troubled att the parting, Yett the party that went +away would have staied in case Sharpe had nott beene made capt., for +thay could not by any meanes allow of him to be capt. more of us would +have gon away, Butt capt. Sharpe sends his Master to us who spoke +thuss (his Name was Jno. Cooxe), "Gentmen, capt. Sharpe doth declair +and swair that those men that will stay with him and goe about in the +shipp with him by water, that he will make them a Voyage, and doe the +uttmost of his power to gett money Enough, and will not have thoughts +of goeing out of these till every man is willing." soe wee consider'd +our shipp was foule. wee that stayed wear about 61 soles in number. +with the advise of capt. Batt. Sharpe was resolved to run downe to +Pennamau, and to leeward, to finde some private place to cleane our +shipp in, and to take her one deck lower. wee searching of some +Spanish Jurnalls findds mention of an Island lieing to the No'ward in +8 degrees called the Island of canes, wheir wee found thiss Isle of +Canes;[70] and by our observacion lieth in North lattitude, 7 deg. 30'. +their is good wooding and watering butt no secure place for a shipp to +ride in, without very good Anchors and Cables, which wee att that time +was Ill provided with. wee staied here 3 dayes and killed one sow and +Pigg and fill'd water. here are good large Oysters. so wee sett saile +with full intencion to goe into the Gulph of Dulce,[71] if wee could +find itt, but wee stearing away N.W. about 33 English legs from thiss +Isle of Canes, which Island lieth 5 legs from the Maine shore, and +comeing in with the land saw a brave deepe gulph, which concluded was +a good Place for us to cleane Our shipp, hopeing that their might be +no Inhabitance. Into which gulph we rann, by sounding of our leade so +farr as wee could, Except wee had had a Pilott for that place. wee +hoyst our 2 men of warr cannoes And went upp the Gulph. capt. Batt. +Sharpe Imbarkque[d] in one of them him self, to see if could take an +Indian to understand whatt for a place itt was; goeing about 4 leagues +ahead of the shipp, comes upp with an Island lying in the gulph of +Nicoy,[72] which Island wee understood by some Indians was called the +Island of Perroz or in English the Isle of doggs. wee found 3 or 4 +families which lived heare of Indians, very poore, haveing all thay +gett once in two years taken from them by the fryars, and thay tell us +that if thay have nott to pay the friars what their demands is when +thay come, that thay carry away their children and makes them Slaves. +Butt our capt. Batt. Sharpe Asked of one Indian that could speak +Spanish, if any Shipp used to come their. he said that their was att +pressent 2 small Barkques that weir come from Pennamau, which weir +lodeing with hides and tallow bound for Pennamau again. The Indian +tolde the capt. he would Shew us wheir they weir; with whome capt. +Sharpe went with his cannoe well man'd, thiss Indian leaveing some +hands on the Isle of Perros or Dogges, to see that none gott away to +discry us, with our Shipp getts on brest the Island and Comes to an +Anchor, and missing the right channel lay their not haveing above 3 +foote water more then wee drew. thiss was about 25 of Aprile 1681. the +next morning these two barkes was taken, the one being 2 thirds loden +and the other half loden with talloe; wee tooke out as much as wee +thought might serve to tallow our Shipps bottom twice and to make us +candles, and no more, which is as I Imagin about 60 or 70 Packs. Now +wee wanting carpenters understoode by thiss Indian Pylott that their +was 2 shipps up an Arme of a River, about 4 leagues from thiss Isle of +Dogges. The Indian conveighs us the next night upp to them. the +morning about an hower before day wee comes wheir thay weir building, +about 300 tunns a Peice; one of them haveing beene on the Stocks about +3 years. itt Pleas'd god wee tooke the head carpenter and the Rest of +his gange, which weir about 12 in Number, with their tooles, about 6 +Jarrs of wine and Brandy, which was much to our comfort, haveing lived +for some time before on bread and water. takeing these carpenter[s] +with their tooles, wee weare in greate hopes to have Our Shipps upper +deck taken downe and made better for sayleing in little time, with +the help of our owne carpenters; butt to carreene her here is +impossible Because of a greate citty about 18 leagues from thiss +lagoone of Nicoy, itt being the citty Naine,[73] wheir thay can Raise +20000 Men. wee fell lower downe in the River, as lay out of the way of +the tide as much as could, for here the tides runn very Stronge and +keepes itts course of moone. itt flows S.S.W., which when the moone +comes to thiss S.S.W. point itt makes high water. itt flowes about 3 +fathom and half right upp and downe. when wee brought these Spanish +carpenters on borde, our capt. and carpenter Shewed the Spannish +carpenter what thay would have done, desiering him to be reall, and +tell them in what time itt might be finished. he promis'd that within +10 day, with the assistance of our peopple, he did nott doubt butt +finnish itt; att which our capt. and company told him that as soone as +he had done he should have one of the barques for his paines, and all +he[r] ladeing of tallow, and that he would sett them all ashore +againe. thiss Spannish carpenter being a very Ingenious worke man, and +saw wee shew him and his company a greate deale of respect, which +begott a love in him to us, for he tolde us wee should make what +dispatch wee could out of the lagoone, for the cuntry was very +populus, and would soone be after us if could procure any Imbarcation. +the carpenter dispatcht is [his] buisness in 12 days, so that he and +his comepany had the Barkque and all her loding. putting them ashore +with some Prissnors wee had taken before, wee take a perriauger that +come downe to thiss Isle of dogges, with a Spannish March't and a +Mustees woman, which we suppose he kept. the woman lieing on borde one +or two nights, was very familiar with one Copas a dutch a man,[74] who +formerly had saild with the Spaniards, and had the linqua att will, +but was mainly Inamoured with thiss women, makeing her severall +presents of some Vallew. after the carpenters weir gone wee fell downe +lower in the lagoone to fill water. thiss Copas goeing aShore to guard +the Prissnars that fill'd water made an Excuse to goe into the woods +to kill some thing to eate, but went cleare away, that wee never saw +him since, carrying with him about 200 Peices of Eight in golde and +Silver, that putt us in feare least he would give Intelligence which +way wee weir bounden, wee being att this time butt a small partie, +about 64 soules, and nott any greate gunn to help us. in takeing of +these carpenters one of our men, a Scotch man, haveing dranck to much, +by some way or Other gott out of the cannoe and was drounded. the +peopple telling us the Barkque saild primely well and the best saylor +belonged to Pennamau wee kept her to waite on the Shipp. shee was a +small open barkque. wee tooke in her a man that was acquainted with +thiss Gulph of Dolce, who tolde us wee might lay the shipp on shore +their very well and no body see us, nor any Spaniard know we weir +their, so wee concluded to go. about May the first 81, wee arrived in +this Gulph of Dulce. itt lieth from the lagoone of Nicoy about 47 +leagues South and from the Island of canes ii leagues S.S.E. wee found +according to what the Spanish fellow tolde us, a very fine place to +hall our Shipp on shore to cleane her. Here we caught some fish and +turtle and fedd well for the time wee lay here. we Built a house +ashore to putt our provissions in, to keepe them from the Raines, and +carried ashore the most part of our Ballast, in the barkque and men of +war cannoes. wee findeing the small barque to Saile very well, the +Capt. putt in 7 Hands to her, to sayle her. as wee lay one night ready +to hall a shore the next high water, the winde blew att South very +hard, that our after mast cable gave way, that the shipp drave ashore +against the rocks, we weir afraid should have bildged her; but the 2 +carpenters, being carefull, shord her up to ease her what thay could, +and the next flood heav'd her off againe to a sandy place in the bay, +wheir wee found some butt heads started and abundance of nailes and +spikes wanting, which our carpenters had provided for and drave +aboundance in her bottom. we lay here about 5 weekes, mending our +sailes and fixing our rigging. here cam in to us some Indian men, +women and children, to whome wee gave Victualls and drink; thay staid +with us tell we had done our shipp; some times giveing us plantans, +and some time goeing into the woods, finding bees nests, would give us +the Honney; butt the most good these Indians did us, wee had their +barque loggs[75] all the time we lay hear to make us a Staige. Some of +them goeing away Amounge the Spaniards tolde them that their was a +greate Shipp in the Gulph, and that wee weir a casting of greate +gunns. Butt these Indians that came to us tolde us that the Spaniards +had tolde them if any shipps came in that had any thing of redd in +their collers,[76] that thay should have a caire and not come on borde +of them nor lett us see them, telling them that wee would kill them; +but as itt happen'd we went in with all white collers, which was the +Spanish order that thay should Assist all those, for thay weir their +friends and would doe them no harme. the Spaniard lives here from the +Gulph of Dulcey about 3 dayes Journey. thiss Gulph lieth in lattd. 7 deg. +22' No. lattd. wee fitted our Shipp, clensed our bottom what wee +could; the small barque filld water, cutt wood, and went away to Sea +to looke for Purchase.[77] we went from thiss place about the last of +June 81, haveing a good fresh gaile att S. and B.E. and S.S.E. wee +stands over thiss bay, cald the bay of the Gorgony, which Isle of +Gorgoney wee carreend att the last Year lieth in No. lattd. 3 deg. 35', or +their abouts. the land that we made was 7 leagues farther to windward. +here generally setts a greate currant out of the Sea into thiss bay +E.N.E. wee fell in first with Barraco Island and cock Island. wee now +bethinks our selves that twas time in the year to gett up to windward +to goe through the streights of Magelene. wee recruted here with +water, filling all we could. about 30 leagues W.S.W. from thiss Island +Barricoes we turnes up to windwards, and of[f] Cape passagoe, which +lieth in 45' No. lattd.,[78] wee cruises a good way of shore, about +16 or 18 leagues, sees a saile, we gave chase, and comes up with her +about 9 aclock of night. we found her to come out of Yakell, bound for +Pennamau. the same shipp wee took loden with cloth and other goods the +Laste year, which was then bound upp to Lymmo. she had in her now good +Store of cloth, silk, stockings, mony and Plate, about forty thousand +peices of Eight, and severall good things, butt the chiefest of her +lading was coco. wee tooke out her what we thought convenient and +carried her under the shore and came to an Anchor, and when we had +done rummageing her putt them all aborde, cutt downe their maine mast, +gave them Victualls and Drinck enough, and putt them to sea to goe +right afore the wind for Pennamau. the master was very glad we gave +him his shipp againe, and the most part of his lodeing; that he swore +wee wear the Honnestest ladrones that ever he saw in his daies. we +went of to sea cruiseing for more. we understood by thiss last prise +that the Spaniards could not tell if [we] wear to windward or +leewards. 3 dayes after in the morning we spies a small barque close +by shore. wee gave chaces to her, came up hand over hand with her. She +makes what she could for the Shore, their being one Spaniard in her +that knew us, who we had taken the last year. She comes to an Anchor +with in a quarter of a mile of the Shore, and a fryar and 4 Negro's +getts ashore uppon a Planck and takes to the woods, but some staied on +borde the barque. capt. Batt. Sharpe in a man of war cannoe follows +them and come upp with some of them ashore. we found nothing butt a +little Plunder. their letters of advice thay had hove over borde, butt +they confest their was advice bound up to Yakell to give notice that +wee weir in the gulph of Dulcey acleaning our shipp and acasting of +greate gunns, as they heard. these Prisnars give us advice of a new +Vice Roys comeing out of olde Spaine to Puerta Vella, and was come +over land to Pennamau, and a greate Shipp lay their of 14 gunns to +take him in.[79] thay told us thay had aboundance of riches with him; +wee tolde them when wee had cutt their mane mast by the borde and sent +them to Pennamau, that we lay waiteing for him and bid them tell the +Vice Roy soe when they came to Pennamau. we cruises for more purchase +and about 12 leagues from the cape, in a drisly misty morning, a man +goeing to toppmast head saw a saile under our Lee, which wee made +saile to and come upp with her; we fired severall small Armes before +they called for quarter, butt calling, was presently granted and not a +gunn fier'd. her capt. was short downe in takeing of her. we found She +was a shipp bound for Pennamaw, came downe from Lymmo loden with wine +and brandies, but very little plate, 700 piggs of Peuter, which we +thought was silver, found to the contrary.[80] we now Resolveing to +goe about this year if Pleasd God, we tooke out of her 700 Jarrs of +wine, about 100 Jarrs of brandy, to serve us homewards, and had itt +nott beene for thiss wine and brandy was Impossible to have subsisted. +we cutt thiss shipps maine mast by the bord and sent her afore the +wind to Pennama. wee kept about 18 Negroes and Indians to wash and +pump our shipp. thiss last priz gave us full information of the +Armado, which was to sayle from Lymmo, about 17 sayle of Shipps. the +15 day of September 81, wee turnd alonge shore as high as cape +Blanco,[81] and then haveing a trew traid winde att S.S.E. and S.E. +and b.S., sometimes South East, we all concluded to make the best of +our way out of these seas; we haveing gotten ii hundred Peices of +Eight a man in mony and Plate uppon Equall shairs, tho' itt was some +of our fortune to loose our Voyage by Play afterwards; which those +that were the winners to have the more. wee had the winds most att +S.E. and b.S. and S.S.E. and S.E. wee stood of to sea, steming S.W. +and b.W. and S.W., commonly makeing a West 35 deg. southerly way, sayling +after the rate of 5 or 6 leagues a watch. fine moderate windes and +fair weather. we found a currant sett here to the S.W. quarter. we +stands up to Payta, which is about 13 leagues to the Southwards of +cape Blanco, and in so. lattd. 5 deg.. wee wear minded to take itt, butt +the fryar and fower Negro's, which made their Escape out of the little +Barque we tooke under the Shore, had gott before us, and sent to every +sea porte towne to give them notice that we wear a comeing to windward +as fast as we could, so on a Sunday Morning our capt. Sharpe, with +about 36 hands, went to land att Payta, butt found itt so well lyned +with men that thay durst not adventure On itt, but come back againe, +resolveing to live on bread and water till such time as could be +better supplied, concludeing that our wine and brandy would keepe us +alive. wee now makes no more tacks alonge shore, but stands close +hal'd on a boleing to sea,[82] about 670 leagues due West from Payta, +till we come up to 33 So. lattd. ther we had variable winds. wee hal's +in for the shore, getting our Larbord tacks on borde, the wind comeing +out at N.W. in that quarter that wee could not fetch the Keys of Juan +Fernandus, wheir wee Expected to Recruit with fresh goates and water, +and to have faught[83] off our Musketa-Indian we left their the time +before, but we getting to the Southwards of these keys, and the winds +comeing out for Northerly, was forced to ply to the Southward, and +then wee had Some raines, which from 7 deg. So. lattd. till you come to +28 deg. So. lattd., is never no raine by the Spaniards report nor since +thay have inhabited the cuntry, which hath been about 180 years; yett +very good Corne growes, and all sorts of Herbs and graine, but thay +[have] Extreeme dues. wee stands still to the Southward, and haveing +now great variation, 13 or 14 degrees, we wear very Exact in takeing +Amplitudes,[84] to be the more Sattisfied in thick weather of our true +course made. wee stood to the S.E. and S.E. and B.S. 700 leagues, and +about 3 aclock in the Morning the watch saw breakers very near us +under our Lea. it blew hard, that 2 nights before we had handed[85] +our topp sailes, and went under a pair of Coarses and our mizon. wee +wear gott now up to 50 deg. 8' So. lattd. itt being a little light, before +day wee saw the land plaine. wee heaved out our topp sailes reeved and +made shift to weather all the breakers, and when twas day we discried +a place between 2 keys which we concludes to beare up to see if wee +could finde any good Anchoring and saife rideing till twas a little +later in the year. twas very colde heare, much raine, The Hills coverd +with Snow. wee went in along the key side about 4 leagues and saw a +very convenient cove. wee came to an Anchor the 3d of November, +thinking to stay hear till the weather was a little warmer. the first +night we lost one Anchor, the Cable being Very bad. we warped and +towed into another Cove, lieing a little more to the Southwards, the +wind blowing N.N.W. wee gott the ends of all our cable and Hassers and +made fast ashore to the trees; yett all would Hardly doe, for when it +blew hard, our cable would give way and our shipp in dainger of +driveing ashore, which if had we should lived like Heathens amounge +the Savage Indians, and never have come to rights, but we spliced and +Strengthend our cables what we could and with much difficulty made +them hold out. the 21 day of november 81 wee putt out of thiss place +to sea. wee lay here about 22 dayes, feadeing most on lempotts[86] and +Mussles, which wee gatherd of the rocks and makes very good foode. our +wine and brandie was a greate Help to us thiss cold weather. clothing +wee had good Store. some times we gott a Penguine, which are plenty in +these streights, which are as greate as a goose, but cant fly, haveing +on their winges onely stubbs of feathers. hear we saw a fier and made +to itt, wheir we saw an Antient Indian, and a younge fellow and a +woman Indian, which had about their bodies a Seale Skinn to keepe them +warme. thay saw us and rann away, but we over tooke the younge fellow, +which tooke to throwing of Stones. the olde man tooke the water and +was so cunning in diveing that our Peopple could not gett him, so they +shott him in the water. the woman gott away from us the next day. one +of our cannoes went downe to this place againe, and carried the Indian +that was taken alonge with him, which Indian carried our peopple to +thre or 4 wigwams, wheir was fier, but could see no peopple. the +fellow cald in their Speech but none appeard, he makeings signes that +thay weare greate tall men with longe beards.[87] when our peopple saw +none came, thay returned to the cannoe, carying this Indian fellow +which was very unwilling to goe but Strugled to gett away, twas as +much as 3 or 4 of our men could do to binde him, and force him downe +to the cannoe, His strength was so greate. wee doe Imagin that here +may be some Spaniards which formerly have been cast away; for to the +Southwards about 4 legs when wee came out with our Shipp we saw to +very greate fiers but wear la'ft [_sic_] to see what thay weir, but +went to sea, stearing away S.W. and B.S. and S.W. the winds weir very +hard att N.W. we went under a pair of courses, haveing no observation +in 3 days after wee came out of these Lempot keys, wee stearing as far +to the westwards for fear of the Island called the 12 Appostle and 4 +Evangelist[88] takeing of us upp, which lieth att the entring of the +Streight mouth. the currant setting to the westward out of the +Streights, satt us by Judgement 25 leagues off shore and when we +observed we weir in the lattd. of 55 deg. 30', the wind being no[r]therly, +and wee so to the Southwards of the Streights could not gett to the +Northwards againe, but the capt. and Master, with advice of some +others, concluded to goe about terra fuega,[89] and so to goe through +the New Streights, the Streights of Maria, which wee had a Journall of +2 Brothers called by name Noddles, which was about 65 years agon sent +out to discover these parts of the world,[90] which thay gave +description that thay went about terra Fogoe through thiss Streight of +Maria and weatherd Terra Fogoe, and went downe the west side, and ran +downe to the Northwards, and entred the Streight of Magelena, and came +thro' into the North Sea, wheir he speakes of aboundance of those +birds called Penguins, whear thay laded, bold with them.[91] wee had +very colde weather and about the 3 of december wee passed a cape, +called cape Frea, lieing to the South of Terra Fogoe, in the lattd. +59 deg. 30' South.[92] wee finde here about 4 degrees variation, but downe +in 35 and 40 wee had 11 and 12 and 13 degrees variation. wee weir +something fearfull of Halling to close into shore, being not +acquainted did not know what danger might be, yett would very +willingly have save [seen?] the Land, that wee might have beene the +better satisfied where we weir. twas very thick weather, that wee +could seldom take an observation. we Indeavord to make the Cape Horne +but we weir gott so far to the Southwards.[93] Yett we beleive we weir +not very farr off shore, for we had thousands of birds about us. the 9 +day of December we had a good observation and found our selves to be +in South lattd. 58 deg. 5'. we had the winds att N.E. and N.E. and b.N., +fine handsome topp saile gailes, sometimes a shower of Snow and +Sleete, but miserable colde. now our wines and brandy stand us in +greate Steade and is the thing under god that keepes us alive. we +stands to the Southward, haling S.E. and S.E. and B.E. After wee had +our last observation, which was 58 deg. 5', when we thought by our Dead +reconning that we weir in the lattd. of 60 or better, wee Steerd away +due East.[94] we had but little Night, the Daylight was hardly shett +in att all. we standing to the Eastwards saw 3 or 4 greate Islands of +Ice and Snow, as we thought, of a good high and very colde about them. +from this Cape their are lying 3 or 4 Islands called the Berlingos, +which I am to think are those wee tooke to be the Islands of Ice, for +thay are all kiver'd with Snow, and the Burlingos lyeth by the globe +in the lattd. of 59 deg. 00'.[95] One Night as wee weare getting about the +land, some men gott merry, Especially the capt. and his Mess, which +caused some words to arise between the capt. and Some of the company, +in so much that thay fell to blowes, but the capt. runns into his +cabbon and fetches out a Pistoll laden, and comeing to one of Our +Peopple, by name Richard Hendricks, fier'd itt off as he thought att +his Head, but itt pleased god itt mist his head and grased on his +neck. the next morning wee found the shott placed in one of the Dead +Eyes of the maine shroudes, which was but Jus[t] behinde him. the +capt. thought he had kil'd the man, cryed out, "Armes, their was one +dead," and he would have kill more, which cabbon mess ran and fetched +their Armes forthwith, and those that weir awake, was fetching theirs +likewise, which had not been soberer then others and more discretion +in them Sharpe had certainly been kill'd. it had likt to have been a +bad buisness, but when the[se] things came to an understandings All +was husht upp, Especially findeing the man was not so much hurt as wee +did suppos and was cured in a weeks time. Well, we stears away East, +till we thought we Had Easting enough to enter the Streights of Maria. +Now we begins to Hall to the Norwards E.N.E., and by observation taken +we found our selves to be gott to the norwards into 57 deg. 8'. then we +halls away N.E. and about 4 days after had another very good +observation. then we found our Selves to be in 50 deg. So. lattd. Shott to +the Norwards of these new Streights, doubled about all the Lands; +aboundance of birds attends us Still. Wee are now gotten to the +Streights Mouth of Magelen, the North side. wee had good Fresh gales +att N.W. and S.W., the winds very variable. we runing into hot weather +to the Norwards and halling about Terra Fogoe to the Eastward wee +found a greate Currant to the E.N.E. wee weare farther off Shore then +wee Expected, yett wee hal'd away N.E., hopeing that off of Brazill we +should meete with English, Dutch or Portugeez, to hear how our +buisness was discourst of att home and to buy a little Provision of +them. we hal'd away N.E. till we came downe into 14 deg. No. lattd,[96] +that we would be sure to carry itt about a shoale which lieth a little +to the Norwards of Cape Toms,[97] lying in South lattd. 22 deg. 50'. we +wear more to the eastward then we Expected. by our Runn afterward we +found wee weir 170 leagues to the eastward then we Judged our selves +to be. in this lattd. we had very Easy topp saile gailes of wind, and +mostly att E. and E.N.E. and sometimes att E.S.E., but very seldom +comes to the southward of the S.E. att this time of year, Except itt +be in a Turnado. we carried what saile we could, being willing to be +on land. after we gott into 13 deg. So. lattd, we steard more westerly, N. +and N. and b.W., till we comes into the lattd. of 8 deg. 20', the length +of cape Augusteene,[98] then hald away N.N.W. and N.W.b.N. till we +come into the lattd. of Barbados, and run down into 13 deg. and 5',[99] +keepeing a good lattd. for to see the barbados. wee ran about 12 or 13 +days in the latt. our Reconing was out 5 or 6 dayes before we made the +Land,[100] and about 3 a clock in the morning about the 12 of +feb.[101] the Master cal'd out Land. wee saw twas Barbados, and which +was comfortable to us all to have so good a land fall. we went downe +the N.E. side, luffing upp for spikes rode,[102] wheir we saw shipping +ride. The _Richmans_ Pinnas [_omission_] and haled us. we lay by and +disputed with them, desiering them to come on borde, but thay would +not. thay askt us if we would not goe into an Anchor. we told them as +farr as wee knew wee would, but thay being soe cautious how thay came +on borde Putt us into many thoughts what to doe. wee consciderd, that +here was one of his Majts. Shipps, and wee could not hear how itt was +with other Nations, wheather itt was Warrs or Peace, so that we threw +the Helme a weather, throwing out topp gallant Sailes, studing sayles +and all the sayles we could make, and Steard for the Disiada[103] +which we made plaine and so went downe to Antigua. their wee saw a fly +bote att Anchor, wheir we sent our man of warr Cannoe ashore to buy +some provissionns. when thay came in thay found itt called +Falmouth.[104] wee Supplied our selves hear with one or two dayes +provission. one capt. Burroughs, understanding we wear in want, came +on borde of us and after went away with one Cook, our Master, to the +governor of Antigua[105] for liberty to come in. we next morning had +the mate of a Shipp which lay att the olde rode to carry us as close +in as he could for which he was very well sattisfied. wee could not +have any permission to come in, neither any deniall, but after some +commanders of March't-men came on borde and desierd our Capt. to goe +for England, he was easy perswaided, thay telling him twould be the +makeing of him; so he came on the deck and bid Every man shift for +himself, for he would goe for England himself; upon which every man +packt upp whatt he had, some for olde England, some for Jamaica, other +for New Engl. everyone tooke his way, onely 7 men abord that had lost +their Voyage,[106] so the capt. and Company thoug[ht] good to give +them the shipp and what was in her. thay thought good to goe downe to +their commission Port, Petit guavos,[107] but the Shipp was so crewell +leakey, that thay hardly have the Patience to keepe her above water to +St. Thomases,[108] haveing but 7 hands on borde, and a shipp giveing +chace to them so that thay loosed all their saile, and was much putt +to itt for the hands, but comein a brest of St. Thomases saw the +Harbor very Plaine, and to be sure we went into a small Harbor a mile +to leeward of the Fort. we wear tolde att Antegua that thiss was a +free Port for Eight years, which we found to be so.[109] the governor +gave us Liberty to come in, and the next day sent out hands to bring +us in to the right harbor, under Commd. of the forte. the next day our +cable brake and she drave ashore; but not being willing to loose her, +gott her off with one Anchor and cable off, and one end of a cable +ashore, and so gott her into the Soft woose,[110] because wee would +not be att the charge of Negro's and to pumpe her. thus the good shipp +_Trinity_, which was Built in the South Seas, ended her Voyage, and +through the Blessing of god brought us amounge our Cuntry men againe, +and thiss being what I can think on att present, being the true +actions of our Voyage as near as I can Remember, my Jornall being +detained att St. Thomases and lost.[111] The Lord be praised for all +his mercyes to us. _Finis._ + +[Footnote 7: Cassava.] + +[Footnote 8: Wafer, pp. 153-154, who lived four months among these +Indians, describes their method of making "corn drink." "It tastes +like sour small Beer, yet 'tis very intoxicating."] + +[Footnote 9: The river was that which is now called Chucunaque.] + +[Footnote 10: Some affluent of the Chucanaque.] + +[Footnote 11: Cartridge.] + +[Footnote 12: Still so called. It lies some 15 or 20 miles north of +the gold mines of Cana ("the richest Gold-Mines ever yet found in +America", says Dampier) and from the Cerro Pirre, whence Balboa first +looked at the Pacific, "Silent upon a peak in Darien."] + +[Footnote 13: The Tuira, into which the Chucunaque flows at this +point.] + +[Footnote 14: Calabash, gourd.] + +[Footnote 15: Isla Iguana?] + +[Footnote 16: Isla Maje?] + +[Footnote 17: Now the Pearl Islands, in the gulf of Panama, southeast +of the city.] + +[Footnote 18: Perico, Naos, and Flamenco, three little islands lying +in front of Panama.] + +[Footnote 19: Sp. for soldiers.] + +[Footnote 20: Don Jacinto de Barahona, high admiral of the South Sea.] + +[Footnote 21: Don Francisco de Peralta. The escape of his vessel from +Morgan's men in 1671, bearing the chief treasures, is recounted in +Exquemelin, pt. III., ch. VI. He was put ashore, later, at Coquimbo.] + +[Footnote 22: _I.e._, flag-ship. It was probably the same ship, _La +Santissima Trinidad_, of 400 tons, in which Peralta had made his +escape nine years before.] + +[Footnote 23: Capt. John Coxon.] + +[Footnote 24: Error for April 26, 1688.] + +[Footnote 25: Lima. The 50,000 pieces of eight (dollars, pieces of +eight reals) mentioned below were a consignment for expenses, sent to +the governor of Panama by the viceroy of Peru, Archbishop Don Melchor +de Linan. So we learn from an account of this whole raid along the +South American coast, given by him in an official report, printed in +_Memorial de los Vireyes del Peru_ (Lima, 1859), I. 328-335.] + +[Footnote 26: Guayaquil, in an attempt at phonetic spelling.] + +[Footnote 27: In modern phrase, southwest by west.] + +[Footnote 28: Coiba or Quibo is a large island off the south coast of +the isthmus, about 150 miles west of Panama.] + +[Footnote 29: Rio Santa Lucia. The town is the present Remedios.] + +[Footnote 30: Mestizo, halfbreed, Spanish and Indian.] + +[Footnote 31: According to Ringrose, the ring came from the bishop, +the challenge from the governor.] + +[Footnote 32: The Isla de Plata (Island of Silver) lies a few miles +off the coast of Ecuador, in 1 deg. 10' S. lat. The Galapagos lie not 100 +but more than 200 leagues off the coast.] + +[Footnote 33: Gorgona, off the Colombian coast.] + +[Footnote 34: _I.e._, when the ship had been careened she remained so +fixed in that position that the men could not, by the breadth of one +of her planks, get her keel where they could work on it.] + +[Footnote 35: In other words, there was a tide of twelve feet.] + +[Footnote 36: End.] + +[Footnote 37: Isla del Gallo, in Tumaco bay.] + +[Footnote 38: _Cape_ San Francisco (about 50' N. lat.) not an island; +but Ringrose, p. 58, says, "At first this Cape appeared like unto two +several Islands".] + +[Footnote 39: This is no doubt legendary. Isla de la Plata means Isle +of Silver.] + +[Footnote 40: Nearer 1 deg. 12' S.] + +[Footnote 41: Arica, a Peruvian town now occupied by Chile.] + +[Footnote 42: Guayaquil, in Ecuador.] + +[Footnote 43: Punta Santa Elena, 2 deg. 10' S.] + +[Footnote 44: Leagues.] + +[Footnote 45: Armadilla, a small armed vessel.] + +[Footnote 46: At Quito, probably. The viceroy-archbishop, _op. cit._, +p. 332, calls the man Carlos Alem (Charles Allen, Charles Hall?). +Besides the viceroy's circumstantial account of this fight at the +Barbacoas, there is one in Dionisio de Alcedo's _Aviso Historico_ +[_Piraterias y Agresiones de los Ingleses_] (Madrid, 1883), p. 158.] + +[Footnote 47: Payta, Peru, in 5 deg. S. lat.] + +[Footnote 48: Punta Aguja, 5 deg. 57' S. lat.] + +[Footnote 49: Nearer 18 deg. 30'.] + +[Footnote 50: Ilo. It was late in October, not early.] + +[Footnote 51: Mora de Sama.] + +[Footnote 52: Pedereros, small cannon.] + +[Footnote 53: Magellan. The temporary capture of Ilo is omitted.] + +[Footnote 54: Coquimbo, Chile, in 30 deg. S. lat. Ringrose, pp. 107, 111, +gives plans of the town and the harbor.] + +[Footnote 55: Excepting.] + +[Footnote 56: Juan Fernandez. A Spanish pilot of that name discovered +the islands in 1563. Our buccaneers sighted them on Christmas eve, +1680.] + +[Footnote 57: The eastern is called Mas-a-tierra ("nearer the land"), +the western Mas-a-fuera ("farther out"). The distance between is about +100 miles.] + +[Footnote 58: John Watkins. The new pirate chief had severe principles +as to the Sabbath. "Sunday January the ninth [1681, three days after +his election], this day was the first Sunday that ever we kept by +command and common consent since the loss and death of our valiant +Commander Captain Sawkins. This generous spirited man [Sawkins] threw +the dice over board, finding them in use on the said day." Ringrose, +p. 121. The Spanish accounts call the new captain Juan Guarlen.] + +[Footnote 59: This was a Mosquito Indian named William. A precursor of +Alexander Selkirk, he lived alone upon the island for more than three +years, till in March, 1684, when Capt. Edward Davis, in the +_Batchellor's Delight_, in his voyage from the Chesapeake, touched at +the island. William Dampier and several others of Captain Sharp's crew +were now with Davis. They bethought them of William, and found and +rescued him. Dampier, _New Voyage_, I. 84-87, describes the +Crusoe-like expedients by which the ingenious William maintained +himself. He was not the first precursor of Selkirk on the island, for +Ringrose, p. 119, says that the pilot of their ship told this present +crew of buccaneers "that many years ago a certain ship was cast away +upon this Island, and onely one man saved, who lived alone upon the +Island five years before any ship came this way to carry him off." +Several of Davis's men lived there three years, 1687-1690. Selkirk's +stay was in 1704-1709.] + +[Footnote 60: Iquique.] + +[Footnote 61: Barros Arana, _Historia Jeneral de Chile_, V. 204-205, +points out the impossibility of such numbers.] + +[Footnote 62: Sp. _lingua_, language.] + +[Footnote 63: In better Spanish, "Valientes soldados, buen valientes +soldados", _i.e._ "Valiant soldiers, very valiant soldiers".] + +[Footnote 64: Ilo, between Islay and Arica.] + +[Footnote 65: Choros bay must be meant. The present Obispo lies too +far north, and was not named till 1709.] + +[Footnote 66: Ringrose identifies this bay and river with the bay and +river of Loa, on the Chilean coast, the bay in 21 deg. 28' S. lat. That +Drake landed there, in his voyage around the world, in January, 1579, +we know from the narrative of Pedro Sarmiento de Gamboa (Mrs. +Nuttall's _New Light on Drake_, p. 80), but the story of the chapel is +of course legendary.] + +[Footnote 67: Water-barrels, Middle Dutch _bommekijn_, a little +barrel.] + +[Footnote 68: Truxillo, in Peru. The islands may have been the Lobos.] + +[Footnote 69: Monte Christi, in Ecuador. The secession occurred on +April 17, 1681. Dampier and Wafer were in the seceding party, which +made its way to the isthmus of Darien and so across to the Caribbean +and home, or to Virginia.] + +[Footnote 70: Isla de Canos, in Coronada Bay, off the coast of Costa +Rica, and some 300 miles west of Panama.] + +[Footnote 71: Golfo Dulce, where the coast of Costa Rica begins.] + +[Footnote 72: The gulf of Nicoy lies near the western end of the Costa +Rican coast. The island was Chira.] + +[Footnote 73: It does not appear that there was in Costa Rica at that +time any town of such name or size.] + +[Footnote 74: Under this strange name is disguised Jacobus Marques, a +Dutchman skilled in many languages. _The Voyages and Adventures of +Capt. Barth. Sharp_, p. 80, says that he "left behind him 2200 _ps._ +8/8 [pieces of eight, dollars] besides Jewels and Goods". "Copas" is +for Jacobus.] + +[Footnote 75: Barcalongas. See document 44, note 25.] + +[Footnote 76: Colors, flags.] + +[Footnote 77: Prizes or booty.] + +[Footnote 78: Cabo Pasado would seem to be indicated, but that is in +20' S.] + +[Footnote 79: Don Melchor de Navarra y Rocaful, duke of La Palata, +prince of Massa, viceroy of Peru from 1681 to 1689. He did not arrive +in Lima till November. His predecessor the archbishop took great +precautions for his protection against these pirates. _Memorias de los +Vireyes_, I. 336-337.] + +[Footnote 80: The ship was the _Rosario_, the last considerable prize +taken by these buccaneers. See document 46. The story of the 700 pigs +of pewter is told in a much more romantic form by Ringrose, p. 80, and +by the author of _The Voyages and Adventures of Capt. Barth. Sharp_, +p. 80. According to them, the pigs were thought to be of tin, and only +one of them was saved, the rest being left in the prize when she was +turned adrift. Later, when Sharp's men reached the West Indies, a +shrewd trader there, perceiving this remaining pig to be silver, took +it off their hands, and then sold it for a round sum; whereupon deep +chagrin fell upon the pirates, who had duped themselves by abandoning +a rich cargo of silver. It will however be observed in document 46 +that Simon Calderon, mariner, of the _Rosario_, speaks of the pigs as +pigs of tin. A mass of sea-charts taken from the _Rosario_ is +now--either the originals or copies by Hacke--in the British Museum, +Sloane MSS., 45.] + +[Footnote 81: About 4 deg. 18' S. lat., at the beginning of the Peruvian +coast.] + +[Footnote 82: _I.e._, they sailed up into the wind. So strong a wind +blows up the coast, that the best way to sail from Peru to southern +Chile is first to sail westward far out into the Pacific. It was Juan +Fernandez who discovered this course.] + +[Footnote 83: Fetched.] + +[Footnote 84: Distances, in degrees on the horizon, between east or +west and the rising point of a star. By amplitudes, east and west +could be fixed when the variation of the compass from true north and +south was doubtful.] + +[Footnote 85: Furled. Courses are the lower sails. 50 deg. S. lat. is the +latitude of the gulf of Trinidad. To the island by which they anchored +a little farther south, as described below, they gave the name of Duke +of York Island, after their king's brother James; this name it still +bears.] + +[Footnote 86: Limpets.] + +[Footnote 87: But all observers of the Patagonian Indians, from +Pigafetta, Magellan's companion, to recent times, describe them as +having little hair on the face, and accustomed to remove that little. +Ringrose, p. 183, gives the same report as our writer.] + +[Footnote 88: These rocky inlets lie between 52 deg. and 53 deg. S. lat., the +four Evangelistas just to the north of the western entrance into the +Strait of Magellan, the twelve Apostolos just to the south of it.] + +[Footnote 89: Tierra del Fuego. By "Streights of Maria" the writer +means the Strait of Le Maire, outside Tierra del Fuego, and between it +and Staten Island--a strait discovered by Schouten and Le Maire in +1616, when they also discovered and named Cape Hoorn (Horn).] + +[Footnote 90: He means Bartolome and Gonzalo Nodal, who, under orders +from the king of Spain to follow up the discoveries of Schouten and Le +Maire, made in 1619 the first circumnavigation of Tierra del Fuego, +sailing southward, westward past Cape Horn, northward, then eastward +through the Strait of Magellan. The book referred to as possessed by +the buccaneers is the _Relacion del Viaje que ... hizieron los +Capitanes Bartolome Garcia de Nodal y Goncalo de Nodal hermanos_ +(Madrid, 1621), of which a translation was printed by the Hakluyt +Society in 1911, in Sir Clements Markham's _Early Spanish Voyages to +the Strait of Magellan_.] + +[Footnote 91: _Relacion del Viaje_, p. 48; Markham, p. 256.] + +[Footnote 92: The date is wrong, and there is no such cape.] + +[Footnote 93: Cape Horn is in 55 deg. 59' S. lat.] + +[Footnote 94: Under date of November 17, 1681, the _Voyages and +Adventures of Capt. Barth. Sharp_ says, p. 103, "We find by this +observation, and our last 24 hours run, that we have been further +Southerly by almost two Degrees, than our computation by dead +reckoning makes out, and by many Degrees, than ever any others have +sailed in that Sea, that have yet been heard of: for we were at about +60 Degrees South Latitude".] + +[Footnote 95: Probably it was icebergs they saw. The Nodal brothers' +_Relacion_, which they seem to have been following, mentions, p. 37 +vo. (p. 245 of Markham), northeast of Cape Horn, "three islands which +are very like the Berlings"; but these are the Barnevelt Islands, in +about 55 deg. 20' S. lat. The original Berlengas are a group of rocky +islands, well known to navigators, off the coast of Portugal.] + +[Footnote 96: Error for 24 deg. S., apparently.] + +[Footnote 97: Cape Sao Thome, one of the southeast capes of Brazil.] + +[Footnote 98: An east cape of Brazil, Cape Sao Augustinho.] + +[Footnote 99: 13 deg. 5' _north_ latitude.] + +[Footnote 100: Navigators of that time could determine latitudes +almost as accurately as it is now done, but they had very imperfect +means of determining longitudes. These pirates, of course, had no +chronometer. The best they could do was to keep account each day of +the courses and estimated distances that they sailed, to reduce this +to numbers of miles eastward and westward in different latitudes +(their "eastings" and "westings"), measured from their last known +position, Duke of York Island, and from these computations to deduce +their probable longitude. It appears from Ringrose's fuller statements +that they were several hundred miles out of their reckoning when they +sighted Barbados.] + +[Footnote 101: January 28, 1682, according to the other accounts.] + +[Footnote 102: Speight's Bay, on the northwest coast of the island. +Bridgetown, where the chief harbor or roadstead lies, is at the +southwest, and H.M.S. _Richmond_, which the pirates rightly viewed +with apprehension, lay there; she had gone out to Barbados in 1680.] + +[Footnote 103: Deseada, or Desirade.] + +[Footnote 104: Falmouth is on the south side of the island of +Antigua.] + +[Footnote 105: Lt.-Col. Sir William Stapleton, governor-in-chief of +the Leeward Islands 1672-1686. The pirates sent a valuable jewel to +his wife, but he caused her to return it. As to those who sailed for +England, as related below, (Sharp himself included), "W.D." reports, +pp. 83-84, "Here several of us were put into Prison and Tryed for our +Lives, at the Suit of Don Pedro de Ronquillo, the Spanish Embassador, +for committing Piracy and Robberies in the South Sea; but we were +acquitted by a Jury after a fair Tryal, they wanting Witnesses to +prove what they intended.... One chief Article against us, was the +taking of the _Rosario_, and killing the Captain thereof, and another +man: But it was proved the Spaniards fired at us first".] + +[Footnote 106: _I.e._, they had gambled away all their share of the +plunder.] + +[Footnote 107: Petit Goave in Haiti.] + +[Footnote 108: The Danish island lately acquired by the United States. +The harbor and fort referred to are those of Charlotte Amalia, the +latter completed in 1680. The small harbor a mile to westward was +Gregerie Bay.] + +[Footnote 109: The allusion is apparently to the mandate of the Danish +West India Company, February 22, 1675, described in Westergaard, _The +Danish West Indies under Company Rule_, pp. 43-44. The governor, next +mentioned, was Nicholas Esmit [Schmidt?], a Holsteiner. On St. Thomas +as a refuge of buccaneers, neutral to Spanish-English-French warfare +and jurisdiction, see _ibid._, pp. 47-58. Professor Westergaard, p. +48, quotes from a letter of Governor Esmit, May 17, 1682, in the +Danish archives at Copenhagen, regarding our seven remaining pirates: +"There arrived here February 8 a ship of unknown origin, some two +hundred tons in size, without guns, passport, or letters, and with +seven men, French, English, and German. On being questioned they +replied that they had gone out of Espaniola from the harbor of Petit +Guava with two hundred men and a French commission to cruise on the +Spaniards.... [Summary of adventures on the Isthmus and in the South +Sea.] I bought what little cacao they had; the rest of their plunder +they brought ashore and divided among our people. The ship was no +longer usable. I have decided not to confiscate it, in order to avoid +any unfriendliness with sea-robbers. The inhabitants of St. Thomas +have decided that the said seven men shall remain among them". Later, +Captain Sharp himself came and spent his last years at St. Thomas.] + +[Footnote 110: Ooze.] + +[Footnote 111: This sentence sounds as if our narrator, himself one of +the seven, had finally reached England or Jamaica. If so, he was more +fortunate than some of the others; see the next document.] + + +_46. Sir Henry Morgan to Sir Leoline Jenkins. March 8, 1682._[1] + +[Footnote 1: Public Record Office, C.O. 1:48, no. 37. The writer, +lieutenant-governor of Jamaica from 1674 to 1688, and at the time of +writing acting governor, was the same Henry Morgan who in earlier +years had been the most famous of buccaneers, capturing Portobello in +1668, Maracaibo in 1669, Panama itself in 1671--wonderful exploits, +carried out with great bravery and cruelty. Now he is governor, holds +piracy in abhorrence, and is determined to suppress it! It must be +remembered, however, that his own exploits were carried out under +commissions from proper authority, and legally were not piracy. His +correspondent, Sir Leoline Jenkins, for twenty years judge of the High +Court of Admiralty, and at this time also secretary of state, was one +of the most learned admiralty lawyers England ever produced. Morgan's +view of his own competence as admiralty judge in his colony is given +with engaging frankness in a contemporary letter: "The office of Judge +Admiral was not given me for my understanding of the business better +than others, nor for the profitableness thereof, for I left the +schools too young to be a great proficient either in that or other +laws, and have been much more used to the pike than to the book; and +as for the profit, there is no porter in this town but can get more +money in the time than I made by this trial. But I was truly put in to +maintain the honour of the Court for His Majesty's service." _Cal. St. +Pap., Col._, 1677-1680, p. li.] + +_May it Please your Honour_ + +Since I in obedience to his Majesties commands caused the Three +Pyrates to be executed, The whole party which these two last yeares +have molested the Spaniards in the South Seas are by the help of a +Spanish Pilote come about to the windward Islands; Sixteen whereof are +gone for England with Bartholemew Sharpe their Leader, the rest are at +Antegoe and the Neighboring Islands, excepting four that are come +hither, one whereof surrenderd himself to me, the other three I with +much difficulty found out and apprehended my self, they have since +been found guilty and condemned. he that surrendred himself is like as +informer to obtain the favour of the Court. one of the condemned is +proved a bloody and Notorious villain and fitt to make an exemple of, +the other two as being represented to me fitt objects of mercy by the +Judges, I will not proceed against till his Majesties further +commands; and am heartely glad the Opinion of the Court is soe +favorable, I much abhorring bloodshed and being greatly dissatisfyed +that in my Short Government soe many necessities have layn upon me of +punishing Criminels with death. The passage of these people is +extraordinarily remarkable, for in litle more then four monthes they +came from Coquimbo in Peru five degrees South Latitude, to Barbados in +thirteen North. + +Our Logwoodmen have lately had eight of their Vessels taken from them +and their people carried away prisoners, their usage appears by the +inclosed Petition. I am informed that in the Havana, Merida and Mexico +many of his Majesties Subjects are prisoners and the Spanish Pylott +that brought the People about (who is here) tells me That Sir John +Narborow's Lieutenant and nine or ten others are at Lima in Perua.[2] +they are all great objects of mercy and Compassion, therefore I hope +your Honour will not bee unmindful of them....[3] + +HEN. MORGAN. + +ST. JAGO DE LA VEGA +this 8th of March 1681-2. + +[Footnote 2: Sir John Narbrough (1640-1688), afterward a celebrated +admiral, had in 1669-1671 voyaged to the South Sea, as a young +lieutenant, in command of the _Sweepstakes_; in Valdivia bay the +Spaniards had seized two of his officers, and, it seems, still +detained them.] + +[Footnote 3: The rest of the letter relates to quite other matters.] + + +_47. Deposition of Simon Calderon. 1682._[1] + +[Footnote 1: Public Record Office, C.O. 1:50, no. 139.] + +Relation of the South Sea men. + +Simon Calderon, Natural de Santiago de Chile, Marinero de profession, +yendo del callado a Panama en el Navio llamado el _Rosario_, cargado +de Vinos, aguardientes, estano en Barras, y cantidad de Patacas, con +beynte y quatro Hombres pasageros y todo, encontraron en la punta de +Cabo passado como a la mitad del Camino, al navio de la _Trinidad_ y +le estimaron como de Espagnoles, pero luego que reconocieron ser de +Piratas, procuraron ganarle el Barlavento, lo qual ganaron los +Piratas, y luego empezaron a tirar mosquetarias, y de las primeras +tres cargas mataron al Capitan del _Rosario_, que se llamaba Juan +Lopez, y hizieron otras y apresaron el navio y sacaron con las favas +todo lo que les parecio necessario del Vino y aguardientes y toda la +plata y demas que havia de valor, y dieron tormento a dos Espagnoles +para que descubriessen si havia mas plata y curtaron velas y Jarzias, +menos la mayor, y alargaron el Navio con la gente menos cinco o seys, +que trageron consigo y entre ellos el declarante. + +De alli hecharon a la Isla de la Plata, donde estubieron tres dias y +medio refrescando; y sospechando que los prisioneros se querian alzar +con el navio mataron a uno y castigaron a otro; y de alli a Payta en +donde hecharon dos canoas a tierra con treynte y dos hombres armados +con animo de ganar a Payta, y hallando resistencia se bolvieron al +navio; de alli Tiraron al estrecho de Magallanes; pero no passaron por +el, sino al redidor de la ysla del fuego que estava como seys a ocho +dias apartada del estrecho de Magallanes, este estrecho del fuego +tardaron en pasarle hasta entrar en el mar del Norte cosa de nuebe +Dias. Llegaron a Barbadas donde por haver encontrado un navio del Rey +de Inglatierra no se atrevieron a entrar. + +En el camino dividieron la presa y toco a quatrocientos pesos a cada +uno de sesenta y quatro personas. + +De Barbadas fueron a Antica donde fueron recividos sin hacerles +molestia, antes buen acostimiento y de alli se dividieron unas a +Niebes en una balandra, otras como diez y ocho de ellos a londres en +el navio cuyo Capitan se llamaba Portin, otros ocho que erran los +principales se uieron en el Navio llamado la _Comadressa Blanca_ o cui +Wihte, su Capitan Charles Howard, dos de ellos que eran los +principales cabos se llaman el Capitan Sharp, y el otro Gilbert Dike, +y a este declarante le dexaron en Plymuth. + +Los demas testigos dicen tambien haver oydo que estos Piratas andan +comprando aora un Nabio para bolver a hacer el mismo viage o continuar +esta pirateria. + +_Translation._ + +Relation of the South Sea Men + +Simon Calderon, native of Santiago de Chile, mariner, going from +Callao to Panama in the ship called the _Rosario_ laden with wine, +brandy, pigs of tin,[2] and artichokes, with 24 passengers and all, +they met off Cabo Pasado, about halfway in their voyage, a ship, the +_Trinidad_, and supposed it to be Spanish, but when they perceived +that it was a ship of pirates, they tried to obtain the weather-gauge, +but the pirates obtained it, and then they began to fire musket-shots, +and with the first three shots they killed the captain of the +_Rosario_, who was called Juan Lopez, and fired other shots, and +captured the ship, and took out with the hooks [?] all that they +deemed necessary of the wine and brandy, and all the silver and other +things that had value, and tortured two Spaniards in order to learn +whether there was more silver, and cut down the sails and rigging, +except the mainsail, and turned the ship adrift with the men, +excepting five or six whom they took with them, and among others the +deponent. + +[Footnote 2: See document 45, above, note 80.] + +Thence they went to the Isla de la Plata, where they remained three +days and a half refreshing themselves, and suspecting that the +prisoners were planning to rise and take the ship they killed one and +flogged another; and thence they went to Payta, where they sent two +canoes ashore with 32 armed men, with design to capture Payta, but +meeting with resistance they returned to the ship. Thence they sailed +away to the Strait of Magellan, but did not go through it, but around +the Isla del Fuego, which was some six or eight days' distance from +the Strait of Magellan. In making this passage of Fuego, to enter into +the North Sea, they were delayed some nine days. They came to +Barbados, where, because of finding there a ship of the King of +England, they did not venture to enter. + +On the voyage they divided the booty and obtained 400 dollars apiece, +for each one of 74 persons. + +From Barbados they went to Antigua, where they were received without +injury, but rather with good treatment, and from there they divided, +some going to Nevis in a bilander,[3] others, some 18 of them, to +London in the ship whose captain was called Portin,[4] and eight +others that were the principal ones fled in the ship called the +_Comadressa Blanca_ (_White Gossip_),[5] Captain Charles Howard. Two +of them, that were the principal chiefs, were called, [the one] +Captain Sharp, and the other Gilbert Dike; and this deponent was left +at Plymouth. + +[Footnote 3: A bilander was a small two-master, with the mainsail of +lateen form.] + +[Footnote 4: The _Lisbon Merchant_, Captain Porteen. Ringrose, p. +212.] + +[Footnote 5: Or perhaps _Ermine_.] + +Other witnesses say, however, that they have heard that these pirates +are now proceeding to buy a ship to return and make the same voyage or +continue this piracy. + + + + +THE _SALAMANDER_. + + +_48. Petition of Paul Sharrett and Claes Pietersen. August 2, +1681._[1] + +[Footnote 1: Suffolk Court Files, no. 2031, paper 1. The story of the +_Salamander_ is curiously interwoven with the early history of the +Prussian navy, on which something has been said in note 1 to document +43. The facts may be made out by a comparison of documents 48 and 49 +with data found in R. Schueck, _Brandenburg-Preussens Kolonial-Politik_ +(Leipzig, 1889), I. 113-118, and in a monograph on "Brandenburg-Preussen +auf der Westkueste von Afrika, 1681 bis 1721", in Heft 6 of the +_Kriegsgeschichtliche Einzelschriften_ of the German General Staff +(Berlin, 1885), pp. 102-105. In the First Brandenburg-Prussian fleet +that ever sailed out of the Baltic (August, 1680), one of the six +frigates was the _Churprintz_ (Kurprinz, Electoral Prince), 32 guns, +Capt. Cornelius Reers, and there was a fire-ship, the _Salamander_, 2 +guns, Capt. Marsilius (or Marcellus) Cock; the captains were probably +all Dutch. The chief exploit of the squadron was to capture, in time +of peace, a ship of the Spanish royal navy, which thus became the +first of the elector's ships actually owned by him. Then Reers and a +squadron of four frigates and the _Salamander_ sailed to the West +Indies, and spent the winter of 1680-1681 in cruising against Spanish +shipping, though with little success. If Samuel Button's story is true +(document 48), it would seem that the original _Salamander_ must have +been lost, and the _William and Anne_ substituted in its place and +renamed. The squadron got back to Prussia in May, 1681.] + +To the Honnorable Simon Bradstreet Esq. Governor, Thomas Danforth Esqr +Dept. Governor, and the Rest of the Honnorable Assistants to sitt in +Boston on the 4th of this Instant August 1681 as A Court of Admiraltie +or Assistants + +The humble petition Libell and Complaint of Paul Sherrot Lift.[2] and +Cloyse petterson, Mate or Pilot of the Ship or prize called the +_Salamander_, now belonging to the great prince the Duke of +Brandenburge, Burden one hundred Tonns or thereaboute, Loaden with +Brandy and wynes-- + +[Footnote 2: Lieutenant.] + +Humbly Sheweth + +That your Petitioner entering into the Duke of Brandenburgs service +and pay this 14 of April 1680 or thereaboute, on A ship of warr called +_Coure Prince_ belonging to the Said Duke, Cornelyus Reise Capt. and +Comander,[3] and sayling then from Quinborough[4] to the West Indies +and at St. Martins in the West Indies tooke the above mentioned ship +_Salamander_, Loaden as above, And put in Marcellus Cock Comander of +said Ship _Salamander_, and Paul Sherrot Leift. and Cloys Peterson +Mate or Pylot of said ship, to Carry the Said Ship home to Quinborough +to the said Duke, But the said Marcellus Cock, under pretence of want +of Proviscions and Leakenes of said Ship, brought her into Piscatuqua +and there stayed about 3 months whiling away the time, and Repayring +the ship, And while there so cruelly beate twelve of the ships +Company, at the Capston and otherwise, As made them weary of their +Lives, that they could not stay but gott on shoar And left him, +Loosing all their wages, except one, that the Capt. turned a shoare, +as he said for a Rogue, But the Governor of Piscataqua made the master +pay him his wages, And now after 16 monethes and a halfe soar service, +ventering and hazarding their lives, After the Authoritie at +Piscatuqua tooke notice of the said Capt. Cocks Long Stay, and +Conceiveing he Intended to sell the said Ship and deceive the Duke, +ordering him to pay the said Sherret and Peterson our wages,[5] fell +to threatening us first by turning the Pilot out of the Cabbin from +his mess; and then swearing he would Pistoll the Leiften't and him if +they came on board. + +[Footnote 3: Cornelius Reers, vice-commander of the squadron mentioned +in note 1, appears later as governor of Arguin on the west coast of +Africa, 1685-1690. Schueck, I. 347, 350.] + +[Footnote 4: So the English then called Koenigsberg, capital of the +duchy of Prussia.] + +[Footnote 5: The petitioners are following closely the language of the +vote of the council of New Hampshire, by which it was ordered that the +ship should be taken to Boston for trial, and the mariners paid. _N.H. +State Papers_, XIX. 677; July 11, 1681. "Governor of Piscataqua", +_i.e._, of New Hampshire, there was none at this time; they probably +mean Maj. Richard Waldron, president of the council.] + +The premises Considered wee humbly Intreat your honours to make such +due order And provision that the Duke be not Deceived of his the sayd +prize and that wee may have our full wages so dearly yearned and be +freed as wee are and have been, from his the said Cocks Tiranicall +service; And yo'r Petition'rs shall forever pray etc. + +PAUL SHARRETT. +CLAES PIETERSEN. + +This libell I Rec'd this 2d of August, 1681. + +EDW'D RAWSON, Secret. + + +_49. Deposition of Samuel Button. August 11, 1681._[1] + +[Footnote 1: Suffolk Court Files, no. 2031, paper 8.] + +Samuel Button of Boston declareth concerning the Ship now called the +_Salamander_ in this harbour, Marcellus Cock commander. That in April +last was twelve-months' hee was Shipped Carpenter of sd Ship at London +then called the _Wm. and Anne_, Anthony Thorne of London Commander, +mr. George Trumbal of London being their Owner of sd. Ship. wee Sailed +with sd Ship from London to Bilboa where wee cleered our foremast men +and Ship't Biscayers in their steed and from thence Sailed to the +Canary's, where wee loaded brandy and wines, and our sd master there +left the Ship and our Mate mr. Christopher Johnson was put in master, +all the English men being cleered from her but myselfe, wee being +bound for Carthagene,[2] from thence back to Canary's, so to +Carthagene again and from thence to Canary's and from Canary's to +London and proceeding on our voyage wee put in to Sta. Marke in the +west Indies[3] to water; where the Governour forced our Stay to convoy +a Galliote bound to Carthagene, and after wee had been two or three +dayes in the Road, wee espied five Ships lying off and on by the space +of two or three dayes. at length they sent in their pinace with Dutch +colours to the Gov'r to get liberty to wood and water, pretending to +be Dutchmen come to cleer the coast of privateers; upon which the +Gov'r granted them liberty to come in and the same day they came and +anchored by us; they goeing ashore to the Gov'r acquainted him they +were of Middleborough,[4] Flushing, and Amsterdam (as I was informed) +and rode with dutch colours abroad; after they had been there four or +five dayes wee coming to saile in the night, all being buisy, they +laid us on board. wee demanding what they were they answered they were +Frenchmen; wee bad them keepe off, but they entring the Ship, the Ltt. +asked me if I was the Carpenter. I answered "yes," hee said "that's +good, you bee an Englishman. that doth no harme," comanding me to +keepe upon deck, declaring himselfe Capt. of the Ship, and when they +tooke us they shewed no Colours but told me the next day they would +shew me such Colours as I never saw, and then spread their +Brandenburgh Colours, putting our Supra Cargo and all the prisoners +ashore at St. Marke, onely Christopher Johnson a Dutchman our then +Ma[ste]r and myselfe, whom they carried with them to Jamaica. not +being Suffered to Land any of their goods there, Sailed thence with +this Ship in Comp'y of our English Fleete, pretending they were bound +with her to the East Country,[5] putting our Master and myselfe on +shore at Jamaica. + +[Footnote 2: Cartagena on the Spanish Main is meant; see below.] + +[Footnote 3: St. Marc on the west coast of Haiti, then French.] + +[Footnote 4: Middelburg in Zeeland.] + +[Footnote 5: Baltic lands.] + +Samuel Button deposed in Court that what is above written is the truth +and whole truth to his best knowledge. 11th of August 1681. + +EDW RAWSON, Secret. + + + + +THE _CAMELION_. + + +_50. Agreement to Commit Piracy. June 30, 1683._[1] + +[Footnote 1: This very curious document (for one does not expect to +find pirates agreeing in writing to pursue a course of piracy) is +found embedded in one of the indictments in the case of the +_Camelion_, in vol. I. of the wills in the office of the surrogate, +New York City, pp. 312-313 of the modern copy. Its presence among +wills requires a word of explanation. The governor of a royal colony +was usually chancellor, ordinary, and vice-admiral, and as such might +preside in the courts of chancery, probate, and admiralty--courts +whose common bond was that their jurisprudence was derived from the +civil (or Roman) law, and not from the common law. Most of his +judicial action was in testamentary cases. It was therefore not +unnatural that the few admiralty cases and cases of piracy tried in +these early days should be recorded in the same volume as the wills, +though distinguished by the simple process of turning the book end for +end and recording them at the back. In this case the record begins +with our document 51; but the present document, copied into one of the +indictments, is earlier in date. The substance of another pirates' +agreement (Roberts's company, 1720, see doc. no. 117) is given in +Charles Johnson, _General History of the Pyrates_, second ed., pp. +230-232; another (Phillips's company, 1727, see doc. no. 120 and note +10), _ibid._, verbatim, pp. 397-398.] + +_June the 30th day, 1683._ Articles of Agreement between us abord of +the _Camillion_,[2] Nich. Clough Comander, that wee are to dispose of +all the goods thatt are abord amongst us, every man are to have his +full due and right share only the Commander is to have two shares and +a half a share for the Ship and home[3] the Captain please to take for +the Master under him is to have a share and a half. Now Gentlemen +these are to satisfy you, as for the Doctor a Share and half, and +these are our Articles that wee do all stand to as well as on[4] and +all. + +[Footnote 2: The _Camelion_ had in 1682 sailed for the Royal African +Company to the slave-mart of Old Calabar on the west coast of Africa, +thence with a cargo of negroes to Barbados, thence to Montserrat and +Nevis, thence in June, 1683, to London with a cargo. Off Nevis, June +29, the crew took possession of the ship, then made this agreement on +the 30th, sold part of the cargo at the Dutch island of Curacao, and +brought the vessel to Sandy Hook. For their trial, see the next +document.] + +[Footnote 3: Whom.] + +[Footnote 4: One. The larger shares for captain, master, and doctor +were in accordance with custom. Clough, the master, was forced to join +the mutineers.] + +These are to satisfy you thatt our intent is to trade with the +Spaniards, medling nor make no resistances with no nation that wee do +fall with all upon the Sea. Now Gentlemen these are to give you notice +that if any one do make any Resistances against us one any factery[5] +hereafter shall bee severely punish according to the fact that hee +hath comitted and as you are all here at present you have taken your +corporall oath upon the holy Evangelists to stand one by the other as +long as life shall last. + +[Footnote 5: _Sic._ They probably mean, on any pretext, or, on any +occasion.] + +JOHN HALLAMORE. HENERY MICHELSON. +the mark [Yt] of THOMAS ALBERT LASEN. + DICKSON. the mark [SW.] of SYMON +ROBERT COCKRAM. WEBSON. +the marke of [X] JO. DARVELL. WILLIAM STROTHER. +the marke of [X] ARTHUR DAVIS. EDWA. DOVE. +the marke of [X] JNO. MORRINE. JOHN WATKINS. + JOHN RENALS EDWARD STARKEY. +the mark of [R] ROBERT DOUSIN. the mark of [/V] GEORGE PADDISSON. + JOHN COPPING.[6] +NICHO. CLOUGH. the mark of [_HL_] HENRY +SAMLL. HAYNSWORTH. LEWIN. +DANIELL KELLY. +WILLIAM HEATH. +JOHN GRIFFIN. + +[Footnote 6: Copping, it was testified, was the writer of this +remarkable agreement.] + + +_51. Court for the Trial of Piracy: Commission. September 15, 20, +1683._[1] + +[Footnote 1: Vol. I. of wills in surrogate's office, New York City, +pp. 306-307.] + +_Memorandum._ That Thursday the twenty day of September, in the five +and thirtieth yeare of the Reigne of our Soveraigne Lord Charles the +second, by the grace of God of England, Scottland, France, and Ireland +King, Defender of the Faith, etc., at the Citty Hall of New Yorke in +America, A speciall Court of Oyer and Terminer was holden by Vertue of +this following Commission, Viz. + +Thomas Dongan Lieutt. and Governour, and Vice Admirall under his +Royall Highnesse of New Yorke and Dependences in America. + +_Whereas_ his Royall Highnesse James Duke of Yorke and Albany, Earle +of Ulster, etc., Lord high Admirall of Scottland and Ireland, and the +Dominions and Islands thereof, As also Lord high Admirall of the +Dominions of New England and Virginia, Barbados, St. Christophers, +Antego, New Yorke in America, etc., hath by his Commission dated at +St. James the third day of October in the yeare of our Lord 1682 and +in the 34th yeare of his Ma'ties Reigne constituted and made mee his +Vice Admirall of New Yorke, and the Maritime ports and Islands +belonging to the same, and hath authorized and impowered mee to +appoint a Judge, Register, and Marshall of a Court of Admiralty +there;[2] I do therefore hereby make and appoint You Lucas Santen +Esq., Judge of the said Court, and William Beekman, Deputy Mayor, John +Lawrence and James Graham, Aldermen of the Citty of New Yorke, Mr. +Cornelis Stenwyck, Mr. Nicholas Bayard, Mr. William Pinhorne, and Mr. +Jacob Leysler, and you or any six of you, to hear and determine of any +or all Treasons, Felonys, Robberys, Piracys, Murders, Manslaughters, +Confederacys, breaches of trust, Imbezleing goods, or other +Transgressions, contempts, Misprissions and Spoyles whatsoever, done +or committed within the Maritime Jurisdiction aforesaid, on board the +Ship _Camelion_ of London, Nicholas Clough commander, and I do also +appoint Will. Nicolls to bee Register, and John Collier to bee +Marshall of the said Court, and this Commission to bee of Force during +the time of this Tryall only. Given under my hand and seale this 15th +day of September, 1683, and in the thirty fifth yeare of the Reigne of +our Soveraigne Lord Charles the second, by the Grace of God, of +England, Scottland, etc. King, Defender of the Faith, etc. + +THO. DONGAN. + +[Footnote 2: Governor Dongan's commission of vice-admiralty "in the +usual forme", October 3, 1682, is recorded in the Public Record +Office, London, C.O. 5:1182, p. 40. James, duke of York, was Lord High +Admiral from 1660 to 1673; he was proprietor of the province of New +York from 1664 till he became king in 1685. As Lord High Admiral, he +issued commissions to the colonial governors appointing them as his +vice-admirals. That which he issued, January 26, 1667, to Lord +Willoughby, governor of Barbados, is printed in the _Publications_ of +the Colonial Society of Massachusetts, II. 187-198. That to Dongan, +issued by James in 1682, when, though excluded from office in England, +he was still Lord High Admiral of the crown's dominions, was no doubt +similar. At this early period the governor himself sometimes acted as +judge; see document 46, note 1. Strictly speaking, what was here +appointed was not a court of admiralty but a commission for the trial +of piracy and other felonies. By the statute 28 Henry VIII. c. 15 +(1536), it was provided that cases of piracy should be tried within +the realm, not by the High Court of Admiralty, but before commissions +specially appointed for the purpose, and with the aid of a jury. But +this statute did not extend to the plantations, and until the passage +of the act of 11 and 12 William III. c. 7 (1700), commissioners for +the trial of piracy in the colonies were usually appointed by +governors in their capacity as vice-admirals, and proceeded under the +civil (Roman) law, not the statute. Another commission, for the trial +of piracy (to Governor Bellomont and others, Nov. 23, 1701) is printed +in E.C. Benedict, _The American Admiralty_, third ed., pp. 73-79, +fourth ed., pp. 70-76; another (1716) is doc. no. 106, below; another +(to Governor Woodes Rogers, Bahamas, Dec. 5, 1718), is in Johnson's +_History of the Pyrates_, II. (1726) 337-340; a fourth (1728) is in +_N.J. Archives_, first series, V. 196. See also doc. no. 201, note 1, +and Chalmers, _Opinions_ (ed. 1858), pp. 511-515.] + +To + +Lucas Santen Esqr.,[3] Cornelius Stenwyck, +William Beakman,[4] Nicholas Bayard, +Jno. Lawrence, Willm. Pinhorne, +James Graham, Jacob Leisler. + +[Footnote 3: Collector of the port.] + +[Footnote 4: Acting mayor. Lawrence, Graham, Steenwyk, and Bayard were +aldermen, Pinhorne became an alderman two months later. Leisler was +the celebrated revolutionary. The accused men were found guilty. Eight +of them were sentenced to receive twenty lashes and to be imprisoned +for a year and a day. Clough was sent to London to give an account of +his stewardship to the Royal African Company. _Calendar of Council +Minutes, N.Y._, p. 34.] + + + + +CASE OF WILLIAM COWARD. + + +_52. William Coward's Plea. 1690._[1] + +[Footnote 1: Suffolk Court Files, no. 2540, paper 6. The case is +reported in _Records of the Court of Assistants of Massachusetts Bay_, +I. 319-322. Coward (a sailor of H.M.S. _Rose_) and others were +indicted for a piratical attack on the ketch _Elinor_ in Nantasket +Roads, November 21, 1689. They were tried in January, 1690, and +condemned, but reprieved. See _Andros Tracts_, II. 54. The trial +occurred in the interregnum between the deposition of Governor Andros +in 1689, and the arrival of Governor Phips and inauguration of the new +charter in 1692. Therefore Coward pleads to the jurisdiction, Andros's +commission as vice-admiral being void.] + +And the said Wm. Coward for plea saith that he ought not nor by Law is +obliged to make any further or other answar or plea to the Indictments +now preferred against him in this Court: for that he saith that the +Crimes for which he stands Indicted be:--The same is for Pyracy, +felony and [so forth] by him supposed to be done And Committed upon +the high seas without this Jurisdictions and not within the body of +any County within the same from Whence any Jury Cann be Lawfully +brought to have tryall thereof, That before the Statute of the 28th of +King Henry the 8th, Chapt. the 15th, all Pyraceys Felonys, etc., +Committed upon the high seas was noe Felony whereof the Common Law +tooke any knowledg, for that it could not be tryed, being out of all +towns and Countes, but was only Punishable by the Civill Law before +the Admira[l], etc., but by the said Statute the offence is not +altered and made felony, but Left as it was before the said Statute, +vizt. felony only by the Civill Law, but giveth a mean of tryal by the +Common Law in this maner, Viz: All Treasons, felonys, Robberys, +murders and Confederacies Committed in or upon the sea or in any other +haven, rivar, creek, or place where the Admirall hath or pretends to +have power, Authority, or Jurisdiction shall be Enquired, tryed, +heard, determined, and Judged in such shires and places in the Relm as +shall be Limitted by the kings Commistion under the great Seale, in +Like forme and Condition as If any such offenses had been Committed +upon the land, to be directed to the Lord Admirall or to his Leiut., +Deputy, or Deputys, and to three or foure such other substantiall +persons as shall be named by the Lord Chancellor of England for the +time being, etc., as [by] the said statute appeareth-- + +That the Crimes and offences afforesaid must ether be Considered in +the Condition they were in before or since the making of the said +statute. If as before then they are only to be Judged and Detarmined +before the Admirall, etc., after the Course of the Civill Laws, which +this Court hath not Jurysdiction off-- + +That the Crimes and offences in the said Indictments supposed to be +done [and] commited by the said Wm Coward, If any such there were, +[were] done and Committed in or upon the sea or in some haven, river, +Creek, or place where the Admiralty hath or pretends to have power, +Authority, or Jurisdiction, etc. not within the Jurisdiction of this +Court-- + +That the Admiralty of those seas, havens, etc., where the Crimes and +offences afforesaid are supposed to have been done and Committed, In +Case the Commistion Lately geven to Sir Edmd. Andros, knt., to be vice +Admirall there of be voyd, it is now remaining in his Maj. and cannot +be Executed or exercised by any person or persons without being +Lawfully Commistionated by his Maj. for the same. + +That in Case the Crimes, etc., offences aforesaid shall be considered +According to the said statute of the 28th of Henry the 8th, Chapt. the +15th, Then the said Wm. Coward saith that this Court hath noe power or +Jurisdiction there of, nor can the same be Enquired, tryed, heard, +Determined, and Judged by them, but Can only be Enquired, tryed, and +Determined by the Spetiall Commistion from his Majesty in such manner +as by the said statute is Derected. + +All which the said Wm. Coward is ready to Answar, etc. + + + + +CASE OF BENJAMIN BLACKLEDGE. + + +_53. Declaration of Jeremiah Tay and Others. March, 1691 (?)._[1] + +[Footnote 1: Suffolk Court Files, no. 3033, paper 4.] + +An acc'tt of the Surprizeall and takeing of the Ship _Good hope_ of +Bost[on] in New England, Burthen about three hundred Tonns with twenty +two Gun[s], Jeremiah Tay Comander, which was acted and done in a most +Treacherous and Pyratticall manner by certain Rovers or pirates (moste +of them theire Majest[ies] Subjects) in the Road of the Isle of May of +the Cape de verd Islands upon the Fourth day of February Anno Dmi +1690/1, The said Shipp with what goods were on board her properly +belonging unto Coll. Sam'll Shrimpton[2] Merchant att Boston in New +England aforesaid, vizt. + +[Footnote 2: Member of Andros's council, 1688-1689.] + +Upon the twentyeighth day of January 1690/1 wee arrived from the +Island of Madara att said Island of May aforesd and came to Anchor in +the Road there. The next day our men went ashore and applyed +themselves to rake togeather of salt in the Salt Pounds in order to +the loading our Said Shipp and Soe continued workeing severall days. +And upon the first day of February following there came into the +aforesaid Road a Sloope weareing theire Majesties Collours and +anchored not farr [fro]m our Said Shipp who tould us they came from +South Carolina, theire Captn. one James Allison formerly of New Yorke, +and that they had a Com'n from the Governor of Carolina aforesaid to +take and Indamage the French, for which end they were here arrived +expecting they might in a Short time meete Some of them.[3] The said +Captn. Allison and moste parte of his Company were wellknowne unto us, +they haveing beene Loggwood Cutters in the Bay of Campeach[4] where +wee were with the said Shipp about twelve mounthes Since, Loadeing +Loggwood, parte whereof wee bought of them and fully Sattisfied them +for, and during our stay there kept amicable correspondance with us, +Eateing, Drinking and Lodging frequently on board our said Shipp, +which wee gladly consented unto in regard they might have beene a +defence and help to us if any Enimey had assaulted us, by reason of +which former friendshipp and good Correspondance as alsoe theire +Specious pretence of a Commission against our Enimies (which wee woere +in Some feares of) wee willingly continued the former kindnesse and +amity betweene us, hopeing if wee were assaulted by the French wee +might by theire assistance (they being thirty five able men and our +Shipp being of pretty good force) have beene capable to make a good +resistance, They often protesting and promiseing to Stand by and help +us to the uttmost if there Should be occasion. wee therefore not +doubting theire honesty and Sincerity permitted them frequently to +come on board our Said Shipp, and Sometimes Some of us went on board +theire Sloope, and Believeing ourselves secure and willing to make a +quick dispatch as possible in Loading our Shipp, wee sent all [hands] +to worke in the Pounds (as wee [had done (?)] he[retof]ore) Except our +[Carpenter]s, which were [then (?)] att worke on our Decke building +[a] Boate for the more Convenient carriage of salt. Thus wee continued +workeing, and upon the Fourth day of February instant Capt. Allison +and Sundry of his men Dined with us on board said Shipp in a friendly +manner, as they were wont to doe, and Some time after Dinner desired +the said Commander Tay, with Mr. Edward Tyng the Sup[er]cargoe and +James Meeres a passenger, to goe on boarde theire Sloope to Drinke a +glasse of Punch with them, which he did, and when we were come on +board the said Sloope they pretended theire Doctor (whom wee Left on +board the Shipp talkeing with our men) had the keys where theire Sugar +was, Soe they could not make the Punch, and forthwith severall of +them Stept into the Boate and Rowdd on board our Shipp to fetch the +keys. as Soone as they entred our Shipp one of them Ran to the +Steereage Doore and another to the Round house and Secured all our +Arms, the rest Imediatly Seizeing the Carpenters who were att work on +the Boate. They then fired a gunn as a Signall to theire Sloope, who +Imediatly Seized us who were on board her (wee being unarmed) and +forthwith way'd anchor and Laid our Shipp aboard, att the same time +takeing everything out of the Sloope, excepting a Little Stincking +Brackish water, some Flower, a Little Stincking beefe, and three or +foure baggs of wheate, and then Comanded us presently to putt of from +the Shipp about Musquett Shott and then to come to anchor, which we +were forced to Comply with; After which they went on Shore and fetched +our men out of the Pounds by force and Armes, Seaventeene of whom they +tooke with them, Some whereof by force and threattnings and others of +them went volluntarily, which wee have good reason to beleive were +privy to the Plott and Surpriseall of the Shipp, a List of whose names +is hereto Subjoyned. afterward they gave us our Chests and some of our +Cloaths and the next day Comanded us to Saile away with the said +Sloope (which they gave us), and upon the Sixth day of February +Instant wee sailed with said Sloope for the Island of Barbados where +wee arrived the twenty first day of the same. + +JEREMIAH TAY, M'r. +EDWARD TYNG +THOMAS WHARFE, Mate +JAMES MEERES, JUNIOR. + +[Footnote 3: England and France were at war, 1689-1697.] + +[Footnote 4: Bay of Campeche, west of Yucatan. At the beginning of +this Campeche voyage of the _Good Hope_ ("formerly the _Fortune of +Courland_"), in October, 1689, she had been detained by the royal +officers in Boston, for evasion of the customs laws, but made her +escape. _Mass. Hist. Soc. Proc._, XII. 116.] + + +_54. Deposition of Epaphras Shrimpton. July, 1694 (?)._[1] + +[Footnote 1: Suffolk Court Files, no. 3033, paper 7. Epaphras +Shrimpton was a cousin of Colonel Shrimpton.] + +Epaphras Shrimpton, of full Age, Testifieth that Benja. Blacklidge did +acknowledge that himselfe and some others which he named took from on +borde the Ship _Good hope_ at Madagasker about halfe her Cargoe which +she brought from Holland particulerly Hollands, duck, Riging, Ketles, +Powder, etc., belonging to Col. Sam. Shrimpton, and said that with +part of the Ketles they Sheath'd the bow of the Ship which he came +from Madagasker in, and offer'd if Colo. Shrimpton would be kinde to +him he would discover the Persons that were to bring home the +remainder of the Ship _Good hopes_ Cargoe. the said Blacklidge said +that himselfe and other of his Confederates took the above mention'd +goods out of the Shipp _Good hope_ at Madagasker just before he came +from thence to New England. this he acknoledg'd to Colo. Shrimpton in +the Prison house in Boston in New England in the year 1693. + +EPAPH. SHRIMPTON. + + +_55. Deposition of Jeremiah Tay. July 6, 1694._[1] + +[Footnote 1: Suffolk Court Files, no. 3033, paper 6.] + +Jer. Tay, aged thurty five yeres, Testifieth that hee being att the +Ile of May, Master of the Shipe _goodhope_ belonging to Coll. Samuell +Shrimpton, In february one thousand six hundred and ninety, That then +And thare was surprised and tacken by A pyrate, one James alloson, +Comander, That after thay had posseshon of the Above said Shipe The +next day sent for My Men from the Pond to come on bord of said Shipe, +Telling them that thoose as would goe willingly should have as good A +shaar in shipe and goods as Anny of themselves, whare upon one +bengeman blackledg of boston, with sundry more, tuck up armes with the +pyrats, hee macking choyce of one of my one[2] small armes for him +selfe. This was dun by said blackledg without anny force or +Compulshon, as the pyrats themselves did declare That thay did not nor +would not force him nor sundry more which did intend To goo with them. +I doue furder Ad that sence I came from London, being to the Westward, +was tolde by sum of those men that came home in Massons shipe A Longe +with said blackledge Last yere, to the est end of Long island, whare +Thare was A bundance of the goods which Came out of My Shipe the +_goodhope_, As Canvos and Riging of sundry sorts, whare itt was Im +baseled,[3] and given all most to anny that would ask for itt. Also +that thay did heere some of my one Men tell blackledge that hee was A +great Rooge, in that hee had gott his Cloose out of the shipe +_goodhope_ in to The shipe beefore the Shipe was Tacken, that so hee +mought goe with the Shipe wheather the Shipe was tacken or not. I doue +also ad that in the day of it, when the shipe was in thare posseshon, +the pyrats did then and thare say to mee, had it not beene by +purswashon of sum of my one men telling of Them thare was A bundance +of Monnys A bourd of said Shipe be sids goods, thay had not tacken +hur, which A parrantly proved to bee true, for thare was sundrey of +them ware for punishing of Mee to Mack mee Confes whar itt was, but +thay so difered in thare Judgments that that was not dun by them. + +JER. TAY. + +July 6, 1694. Sign'd and Sworn by Capt. Jeremia Tay. + +Coram nobis SAM'L SEWALL } Justices + JER. DUMER } of the + } Peace. + +[Footnote 2: Own.] + +[Footnote 3: Embezzled.] + + +_56. Indictment of Benjamin Blackledge. October 30, 1694._[1] + +[Footnote 1: Suffolk Court Files, no. 3033, paper 2.] + +Province of the Massachusetts Bay in New England, Suffolk, SS: + +At a Court of Assize and Generall Goale delivery held in Boston for +the County of Suffolk aforesaid the Last Tuseday in October 1694, +Annoq[ue] R[egi]s et Reginae Gulielmi et Mariae, Angliae, etc., Sexto. + +The Jurors for our Sov'r Lord and Lady the King and Queen aforesaid +Present, That Benjamin Blackleich of Boston aforesaid, mariner, on the +fourth day of February in the year of our Lord 1690/1, at the Isle of +May otherwise called Santo-May, one of the Islands of Cape de verd, +being then and there a Seaman or Marriner, on bord the Ship called +the _Good Hope_, Jeremiah Tay Comander, did Wickedly, Felloniously and +Piratically Rise up in Rebellion against the sd Master Jeremiah Tay, +and with one James Allison A Pirate or Sea Rover, Master of a Sloop, +and his Company, did Conspire, Abett and Joyne, and with the sd James +Allison and his Company did Seize, Surprize, and Piratically take from +the sd Jeremiah Tay The sd Ship _Good Hope_, of Burthen about Three +hundred Tonns, and her Loading, being to the Value of Two Thousand +Pounds, of the Goods and Chattels of Collonol Samuel Shrimpton of +Boston aforesaid, and of the said Ship and Loading the said Master and +Owner did Dispoyle, Disposess and Exclude, against the Peace of Our +Sov'r Lord and Lady the King and Queen, their Crown and Dignity, and +the Laws in Such Case made and Provided. + +Egnoramos.[2] + +RICH'D CRISP, foreman, with the Rest. + +[Footnote 2: For "Ignoramus" (we ignore), the word by which a grand +jury indicated its refusal to prosecute an indictment. We here find +the Superior Court, the highest common-law court of Massachusetts +under the second charter, taking cognizance of a case of piracy. +Governor Phips had a commission as vice-admiral (text in +_Publications_ of the Colonial Society of Massachusetts, II. 206-215, +372-380), but no judge of admiralty had yet been appointed, nor any +special commission to try pirates.] + + * * * * * + +_57. Deposition of Thomas Larimore. October 28, 1695._[1] + +[Footnote 1: Among the manuscripts of the Massachusetts Historical +Society. Captain Larimore in 1704 played an equivocal part in the case +of Quelch and his pirate crew (see no. 104, _post_), assisting their +attempts to escape, but his testimony as to prize-money is to be +valued, as that of an experienced shipmaster and privateer. In 1677 he +had assisted the authorities of Virginia against the rebel Bacon by +conveying troops in his ship. _Journals of the House of Burgesses_, +II. 70, 79, 86. In 1702 he was sent by Governor Dudley to Jamaica with +a company of volunteers, the first Massachusetts force to serve +overseas. _Publications of the Colonial Society of Massachusetts_, +XVIII. 84-93.] + +The Deposition of Thomas Larimore, aged Thirty two Yeares or +thereabouts. This Deponent testifyeth and saith that whenever any +person is fitted out to go in a Private man of Warr there is not wont +to be any Writing drawne betwixt the person fitting and the person +fitted out, and Yet the person fitted out always allows to the person +fitting him out One full Quarter part of a whole share of whatsoever +is gained on the Voyage. + +Boston Octobr THOMAS LARIMORE. +28th, 1695. Sworne in Court 30th Octobr. 1695 + Attest JONA. ELATSON Cler. + A true Copy of that on file + Examd. AD'TON DAVENPORT, Cler.[2] + +[Footnote 2: Addington Davenport, clerk of the Superior Court from +1695 to 1698, and one of its judges from 1715 to 1736.] + + + + +CASE OF HENRY EVERY. + + +_58. Petition of the East India Company. July, 1696._[1] + +[Footnote 1: London, Privy Council, Unbound Papers, 1:46. This +petition is addressed, not to the king in Council, but to the lords +justices who were exercising his functions during the absence of +William III. in Holland, whither he had gone on account of his war +with Louis XIV. The paper is endorsed as read July 16, 1696. A +proclamation was immediately issued, July 18, declaring Henry Every +and his crew pirates, ordering colonial governors to seize them, and +offering a reward of L500, which the East India Company agreed to pay, +for their apprehension; _Acts of the Privy Council, Colonial_, II. +299-302. Several of the crew were apprehended, tried, and hanged in +November; their trial is reported in Hargrave's _State Trials_, V. +1-18. Others found a refuge in the colonies, despite the proclamation, +Governor Markham of Pennsylvania in particular being loudly accused of +connivance; _Calendar of State Papers, Colonial_, 1696-1697, pp. +613-615. Every (or Avery) was one of the most famous of the pirates. +His history is told in Captain Charles Johnson's _General History of +the Pyrates_ (second ed., London, 1724), pp. 45-63. Two popular +ballads respecting him are in Professor Firth's _Naval Songs and +Ballads_, pp. 131-134. We print first the documents which first +brought knowledge of his misdeeds, but the whole story in a +consecutive order is better found in the examination of John Dann, +document no. 63, _post_. The case is only partly American, but +ramifies, as will be seen, over much of the globe.] + +To their Excellencyes The Lords Justices of England in Council, + +The humble Petition of the Governour and Company of Merchants of +London trading into the East Indies + +Most humbly sheweth + +That the said Governour and Company have lately received certain +Intelligence That Henry Every, Commander of a Ship called the +_Fancy_, of 46 Guns, is turned Pirate and now in the Seas of India or +Persia, who with divers other Englishmen and Forreigners to the number +of about 130 (the names of some of which are hereunto annexed) run +away with the sa[id Ship], then called the _Charles_, from the Port of +Corona[2] in Spain and that the said Pirate ha[vin]g ... at the Island +of Johanna[3] had left there the following Declaration: vizt.: + +[Footnote 2: Coruna.] + +[Footnote 3: The chief of the Comoro Islands, in the Mozambique +Channel, northwest of Madagascar. The document which follows is also +printed, from a manuscript in the India Office, in the Hakluyt +Society's _Diary of William Hedges_, II. cxxxviii-cxxxix, where are +other extracts concerning Every.] + +To all English Commanders, let this satisfie, That I was riding here +at this instant in the Ship _Fancy_ Man of War, formerly the _Charles_ +of the Spanish Expedition,[4] who departed from Croniae the 7th of May +1694 Being (and am now) in a Ship of 46 Guns, 150 Men, and bound to +Seek our Fortunes. I have never as yet wronged any English or Dutch, +nor ever intend whilst I am Commander. Wherefore as I commonly speak +with all Ships, I desire whoever comes to the perusall of this to take +this Signall, That if you, or any whom you may inform, are desirous to +know what wee are at a distance, Then make your Ancient[5] up in a +Ball or Bundle and hoist him at the Mizenpeek, the Mizen being furled. +I shall answer with the same and never molest you, for my Men are +hungry, Stout, and resolute, and should they exceed my Desire I cannot +help myself. As yet an Englishmans Friend + +At Johanna February 28th, 1694. HENRY EVERY. + +[Footnote 4: The expedition which sailed for Spain in the spring of +1694, to deter the French from attacking Barcelona.] + +[Footnote 5: Ensign.] + +The Copy of which said Declaration was brought by Some of the said +Company's Ships to Bombay and from thence transmitted to England with +the annexed Clause of a Letter relating thereunto.[6] + +[Footnote 6: Document no. 59, _post_.] + +And the said Governour and Company having likewise understood by some +fresh Advices from Persia hereunto annexed That the said Pirate had in +pursuance of his said Declaration pillaged severall Ships belonging +to the Subjects of the Mogull[7] in their passage from the Red Sea to +Surrat,[8] upon notice whereof the Factoryes of the said Company at +Surrat had guards set upon their Houses by the Governour of the place +till such time The Mogulls pleasure was known, Whereby the said +Governour and Company have reason to fear many great inconveniences +may attend them not only from the Reprizalls which may be made upon +them at Surrat or other their Factories But also from the Interruption +which may be thereby given to their Trade from Port to Port in India, +as well as to their Trade to and from thence to England. + +[Footnote 7: Aurangzeb, the Mogul emperor of Hindustan.] + +[Footnote 8: Surat, 150 miles north of Bombay, and the seat of an +important trading factory of the East India Company.] + +Wherefore your Peticioners do most humbly beseech your Excellencies to +use such effectuall means for the preventing the great Loss and damage +which threatens them hereby, as to your Excellencies great wisdom +shall be thought fit. + +And your Peticioners shall ever pray etca. + +Signed by order of the Governour and Company + +RO. BLACKBORNE, Secretarie. + + +_59. Extract, E.I. Co. Letter from Bombay. May 28, 1695._[1] + +[Footnote 1: London, Privy Council, Unbound Papers, 1:46, accompanying +our no. 58. Bombay was the main post of the East India Company; a +council there supervised all its trade along the west coast of +Hindustan.] + +Extract of a Clause in the Generall Letter from Bombay dated the 28th +May, 1695. + +By our shipping now arrived who touched at Johanna Wee have News That +Strongs ship which was one of them that w[ent] for the Spanish +Expedition is runn away with from the Groyn[2] and come into these +seas carrying 46 Guns and 130 men, as your Honours will perceive by +Copy of the Captains Letter left at Johanna that accompanyes this. +Your Honours Ships going into that Island gave him chase, but hee was +too nimble for them by much, having taken down a great deal of his +upper work and made her exceeding snugg, which advantage being added +to her well sailing before, causes her to sail so hard now that shee +fears not who follows her. This Ship will undoubtedly into the Red +Seas and Wee fear disappoint us of Our above expected Goods, And it is +probable will after shee had ransacked that Gulph proceed to Persia +and doe what mischief possible there, which will procure infinite +clamours at Suratt and the Government will be for embargoing all that +ever Wee have there. + +[Footnote 2: Coruna, which the English then frequently called "The +Groyne."] + + +_60. Abstract, E.I. Co. Letters from Bombay. October 12, 1695._[1] + +[Footnote 1: London, Privy Council, Unbound Papers, 1:46, accompanying +our no. 58.] + +By Letters received the 4th of this Inst. from the Generall[2] and +Councill for the English Affairs residing att Bombay dated 12th +October 1695 the Company are advised as followeth, vizt. + +[Footnote 2: Sir John Gayer, governor of Bombay, which at this time +was the chief seat of the company's operations in India.] + +That on the 29th August the Generall and Councill dispatched the +Company's ship the _Benjamin_, Burthen 468 Tunns, Captain Brown +Commander, in Company of two Dutch ships that wintered here, for +Surrat, with almost all the Cargoes of the three ships, except the +Lead that the _Mocha_ carryed in her for Persia (which wee had nott +time to take out, she arriving so late). On the 7th of September she +arrived Surrat Rivers mouth, where the President, according to Orders, +fell to unlading her, but by that time they had gott the Guns, 4 or +500 Bales, and some other Goods on shoar, on the 11th Ditto, One of +Abdull Gofores[3] Ships arriving, their people sent the Governour +word, that they were plundered by an English Vessell, severall of +their Men killed in fight, and others barbarously used; Upon which +there was a great noise in Towne, and the Rabble very much incensed +against the English, which caused the Governour to send a Guard to Our +Factory to prevent their doing any violence to Our People. the 13th in +the Morning, the _Gunsway_, one of the Kings Ships, arrived from Judda +and Mocho,[4] the Nocqueda[5] and Merchants, with one voice, +proclaiming that they were robbed by four English Ships near Bombay of +a very great Sume, and that the Robbers had carryed their plundered +Treasure on Shoar there, on which there was farr greater noise than +before. upon this the Governour[6] sent a very strong Guard to the +Factory and clapt all our People in Irons, shut them up in a room, +planked up all their windows, kept strict Watches about them, that no +one should have pen, ink, or paper to write, stopped all the passages, +that no Letters might pass to Us. att this time Captain Brown being +att Surat, with some of his Officers and Boats Crew, faired in Common +with the rest, and so did some others, that were on shoar, to look +after their sick att Swally;[7] and their Long boat and Pinnace going +on Shoar there, for Water and Provisions, They sent one Man to the +Choultrey,[8] to inquire what News, (having heard somewhat of the +Rumour). this person they seized on, by severall Peons, which caused +them immediately to putt their boats off, which they had no sooner +done, but sundry small Armes were discharged at them. This Caused the +Boats to repair to their Ship, att the Rivers mouth, where the Dutch +told them, they durst not supply them with any thing while there. But +one of them, being ready to sail for Batavia, said, if they would sail +in Company with them, they would supply them with what they wanted, +as soon as they were out of sight of the Rivers Mouth, which was done +according to promise, and so the _Benjamin_, by the Generall Consent +of their Officers, came hither, having left her Captain and thirty +nine more of her Company behind. as soon as we had a full relation of +these things, we immediately wrote to Court, to one Issa Cooley, an +Armenian, whom wee intend to make our Vakeel[9] to represent Our Cause +to the King, and to Excuse Our Selves from being concerned in those +barbarous Actions. Wee Also wrote to the Governour of Surrat and all +the Great Umbraws[10] round Us to the same effect, hearing by all that +come from Surrat, that that Citty is in an uproar about Us, and being +informed also, that Severall Letters are gone to the Siddy[11] (who is +very near Us with an Army) from Court and Surat, wee are making what +preparation Wee can for our Own defence, nott knowing what this +Extream ferment may produce. + +[Footnote 3: Abd-ul-Ghaffar was the richest merchant in Surat. "Abdul +Gafour, a Mahometan that I was acquainted with, drove a Trade equal to +the English East-india Company, for I have known him to fit out in a +Year above twenty Sail of Ships, between 300 and 800 Tuns." Capt. +Alexander Hamilton, _A New Account of the East Indies_, I. 147. The +Indian historian Khafi Khan, who was at Surat at the time, gives an +account of the transactions which follow, translated in Elliot and +Dowson, _History of India as told by its own Historians_, VII. +350-351.] + +[Footnote 4: "The royal ship called the _Ganj-i sawai_, than which +there was no larger in the port of Surat, used to sail every year for +the House of God [at Mecca, or to Jiddah, its port]. It was now +bringing back to Surat fifty-two lacs of rupees in silver and gold, +the produce of the sale of Indian goods at Mocha and Jedda." Khafi +Khan, _ubi sup._] + +[Footnote 5: Urdu _nakhoda_, captain or master of a vessel.] + +[Footnote 6: The Mogul's governor of Surat, Itimad Khan.] + +[Footnote 7: Suwali, the port of Surat.] + +[Footnote 8: Caravanserai, or place for public business.] + +[Footnote 9: Agent or envoy.] + +[Footnote 10: Urdu _umar[=a]_, grandee of the great Mogul's court.] + +[Footnote 11: Urdu _s[=i]d[=i]_, a title given in western India to +African Mohammedans of high position under the Mogul. The particular +_s[=i]d[=i]_ here mentioned was probably Kazim Khan, admiral to the +Mogul.] + +On the 28th past, We received a Letter from the President and Councill +by the Governour's permission, Coppy of which is enclosed with a Coppy +of Our Answer. Wee have also wrote the Governour a Second time and the +Vockanavis, Cozze and Hurcorra,[12] and have sent a Letter to the +King, Asset Cawn, and the Cozyse[13] att Court, endeavouring as much +as possible to allay the heat, by clearing our innocency, and have +promised that if Our Shipping arrives according to Expectation, that +wee will send one or two next Season to Mocho and Judda to convoy +their Fleet. + +[Footnote 12: News-writer (_wakanavis_), civil judge (_k[=a]z[=i]_, +cadi), and messenger.] + +[Footnote 13: _Kazis._] + +Wee are informed, that one English man in Surrat carrying to Prison, +was so wounded by the Rabble, that he dyed three days after, and that +severall others were barbarously used. it is certain the Pyrates, +which these People affirm were all English, did do very barbarously by +the People of the _Gunsway_ and Abdul Gofors Ship, to make them +confess where their Money was, and there happened to be a great +Umbraws Wife (as Wee hear) related to the King, returning from her +Pilgrimage to Mecha, in her old age. She they abused very much, and +forced severall other Women, which Caused one person of Quality, his +Wife and Nurse, to kill themselves to prevent the Husbands seing them +(and their being) ravished. All this will raise a black Cloud att +Court, which We wish may not produce a severe storme. + +The Pyrates, being neglected of all hands, begin to grow formidable, +and if some Course be nott taken to destroy them, they will yearly +increase, having found their trade so beneficiall, and how soon the +Companys servants, as well as their Trade, may be sacrificed to +revenge the Quarrell of the Sufferers, they know not. + + +_61. Letter from Venice. May 25, 1696._[1] + +[Footnote 1: London, Privy Council, Unbound Papers, 1:46, accompanying +our no. 58.] + +Coja[2] Panous Calendar has received a Letter from his Friend at +Venice, dated the 25th May last, S.V., which advises him That he +received a Letter from Spahaune[3] dated the 16th of December last, +which sayes that Four ships, one of the Mogulls, and Three belonging +to the Merchants, were coming from Mocha and Juddah to Surratt, mett +with a Pyrate who took them and Plundered them of the Gold and Silver +and goods on board them, and then let the ships go, who arriving at +Surratt complained thereof to the Governour, and that the Pyrate was +under English Colours. The Governour thereupon setts Guards upon the +Companies House and sends up the Account to the Mogull. + +[Footnote 2: Persian _kh[=o]jah_, scribe.] + +[Footnote 3: Ispahan.] + +Coja's Letter does not give an Account when the Ships returned to +Surratt, but believes it must be in the beginning of September, that +being the time when Ships return from Mocha to Surratt. + + +_62. Abstract, Letters from Ireland. June 16-July 7, 1696._[1] + +[Footnote 1: London, Privy Council, Unbound Papers, 1:46, accompanying +our no. 58.] + +An Abstract of Letters relating to the Sloop _Isaac_ of Providence, +whereof Captain Thomas Hollandsworth Commander.[2] + +[Footnote 2: Providence here means New Providence in the Bahamas. +Hollingsworth was one of those who came from Madagascar to New +Providence in the _Fancy_ with Every. _Calendar of State Papers, +Colonial_, 1700, pp. 278, 411.] + +Thomas Bell Esqr., Sheriff of the County of Mayo, in his Letter of the +16th of June 1696 says That on the 7th instant came into Westport[3] a +small Vessell of about 30 tuns, whereof he had no account till the +14th, upon which he immediately went thither, and only found the +Master, whom they call Captain Thomas Hollinsworth, and two men more +on board. That they had no other Loading but Gold and Silver, which +they conveyd away, and sold the Ship to one Thomas Yeeden and Lawrence +Deane of Gallway, Merchants. It was a very considerable Sume they had, +of which Mr. Bell desires the Government may be informd, that he may +have further direction therein; And adds that he found two baggs of +about Forty pound worth of Mony not passable in this Kingdom,[4] in +the hands of the said Mr. Yeeden and Mr. Dean, and took their Bond of +a hundred pound to have the same forthcomeing to answer the +Governments pleasure. + +[Footnote 3: A seaport in northwestern Ireland, co. Mayo, about 40 +miles north of Galway in a direct line, but a much larger distance +around the coast.] + +[Footnote 4: Foreign coin; _e.g._, Indian or Arabian.] + +The said Mr. Bell in his Letter of the 20th of June further says, That +since the writing of the above Letter he mett two of the Crew +belonging to the said Vessell, by name, James Trumble and Edward +Foreside, in whose hands he found about 200 l., and seizd on their +persons and goods, but found none of the said Guilt or Bullion in +their Custody, and now hath them with their said goods in his hands, +and hopes to find a great deale more of the said Guilt and Bullion in +the Country, or those that carry it away, the common report being that +the said Ship was worth Twenty Thousand pounds in Gold, Silver and +Bullion; And further adds That he receivd a Warrant from Sir Henry +Bingham, Barronet,[5] and John Bingham, Esquire, requiring him +forthwith to produce the said Trumble and Foreside with their Goods +before them, which he obeyd and will give a further account per next +post. + +[Footnote 5: The third baronet, grand-uncle of the first earl of +Lucan.] + +Mr. Farmer Glover, Generall Supervisor of the Revenue, in his Letter +of the 25th of June from Gallway says, That having had some Account of +a sloop being putt into Westport he hastned thither, but she was gon +thence (the day before he gott there) towards Gallway; On examinacion +he found she came from New Providence in America by Cocquett[6] from +thence, had on board Three Tunn and a half of Brazelett[7] Wood and a +great quantity of Coyne and Bullion; It is likewise reported that +before her Arrivall at Westport she putt into a place calld Ackill[8] +and there landed severall Passengers and Goods; That the Officer at +Westport says he dischargd at one time 32 baggs and one Cask of Mony, +each as much as a man could well lift from the ground; That there are +severall Reports in the Country, some saying she was a Privateer, +others a Buckaneer, or that she had Landed some of the Assassinators,[8a] +which no doubt but their way of comeing into the Country gave great +cause of Suspition, for as soon as they had Landed they offerd any +Rates for Horses--Ten pounds for a Garran[9] not worth Forty shillings +and Thirty shillings in Silver for a Guinea for lightness of +carriage;[10] That on these consideracions he seizd the Sloop untill +Bond was given according to Law; That she is sold to two Merchants of +Gallway and designd to be fraighted out soon. + +[Footnote 6: In old days, a certificate from customs officials that +merchandise on board had paid its duties.] + +[Footnote 7: Braziletto, a dyewood.] + +[Footnote 8: The Isle of Achill lies off the Irish coast, northwest of +Westport.] + +[Footnote 8a: Conspirators for the assassination of King William, in +connection with the plot headed by Robert Charnock and Sir George +Barclay. Several had been executed this spring, but some were at +large.] + +[Footnote 9: An inferior Irish horse.] + +[Footnote 10: _I.e._, because the gold was so much lighter to carry. +In 1695, 30 shillings for a guinea would not have been an unusual +price in London (Great Britain then had the silver standard), but the +Recoinage Act passed in January, 1696, had enacted that it should be +penal to give or take more than 22 shillings for a guinea.] + +Mr. Lee the Collector of Gallway, in his Letter of the 26th of June, +gives an Account That the Sloop that lay at Westport is come into the +Harbour of Gallway; That the Master hath made Report of his Ship and +Invoyced upon Oath at the Custom House, and entred into Bond with +Security not to depart without Lycence as usuall; That the Master says +each person on board took his share of the Silver and Gold and went +away with it, That Mony paying no Duty, and being frightned in thither +by a Privateer, there being no place there to make a Report, he could +not hinder the men to carry off their Fortunes, but on Oath denys the +knowledge of any other Goods whatsoever; That the Officer placed on +board swears that since he came thither he did not see dischargd or +carried out of the Ship any Goods whatsoever but Mony and Melted +Silver, of which they took out 32 baggs and one small Cask; That he +opened severall of the baggs, in which were Dollars,[11] and that this +quantity belongd to two men and the Master, the rest being carried +away and the men gon, they have brought part of their Mony hither by +Land, And that the Sheriff hath caused part of it to be Lodgd in the +Country untill further Order. The said Mr. Lee has also inclosed a +Copie of the Masters Pass and Clearings at the Custom House in +Providence, And that the Captain of the Sloop brought a Pacquett for +His Majestie and deliverd into the Post Office in Gallway. + +[Footnote 11: _I.e._, presumably, Spanish money.] + +Mr. Vanderlure, Collector at Ballinrobe,[12] in his Letter of the 2d +of July writes, That he has usd all Lawfull ways and means to discover +what Goods were Landed on that Coast where the Sloop from New +Providence arrivd, which was near Westport, but before that she sett +on Shoar at Ackill head about a dozen Passengers, English and Scotch, +who had a considerable quantity of Gold and Silver Coyne with some +Bullion. most part of the latter they parted with at Westport and +elswhere, but as for any thing else he cannot learn they had; That he +has in his keeping in a small bagg about 5 l. worth of broken Silver +belonging to Mr. Currin and Mr. Samuel Bull and likewise about 9 l. +worth of course melted Silver Securd with one Mr. John Swaile in +Foxford,[13] which also belongs to them, which they alleadg they +brought from the aforesaid Passengers; That there is one Crawford, a +dweller in Foxford, who told the said Mr. Vanderlure and others, That +there was one of the Passengers who had some peices of Muslin[14] in a +bagg. the said Crafford absented himself when Mr. Glover and Mr. Cade +were at Foxford to examin that matter, but there is a Summons left at +his house to appear at Gallway on Munday next to give his Testimony +and knowledge therein; That assoon as the said Mr. Vanderlure had +notice of that Sloop being in that part of the Country he desird the +Surveyor to send an Express to Mr. Lee, the Collector of Gallway, to +acquaint him of the Vessell's Arrivall, which accordingly was don and +an Officer sent from Gallway who went in the Vessell thither; That two +of the Ships Crew are st[op]t and in Custody of the High Sheriff of +the County of Mayo by a Warrant from Major Owen Vaughan, a Justice of +Peace, upon an Information of one of the Passengers That that Sloop +was the King's Pacquett Boat. they have 2700 plate Cobbs[15] in the +sheriffs hands, which he secured when he Seizd the said persons. It is +said they have about 100 worth of the Coyne. The names of the said +Seizd persons are Edward Foreside and James Trumble, who desire +themselves and cash might be removd to Dublin, to answer what shall be +laid to their Charge. + +[Footnote 12: About 20 miles southeast of Westport, between that place +and Galway.] + +[Footnote 13: About 20 miles northeast of Westport.] + +[Footnote 14: Muslin (meaning organdie; from Mosul in Mesopotamia) was +not then made in Europe, but was brought from India.] + +[Footnote 15: Plate means silver. Cob was the name then used in +Ireland to designate Spanish pieces of eight (dollars). Sir William +Petty, _Political Anatomy of Ireland_, p. 71.] + +Mr. Bartholomew Cade, Surveyor at Ballinrobe, in his Letter of the 2d +of July says he has been with Mr. Glover according to the +Commissioners directions, and for an account of their proceedings in +each particular referrs to Mr. Glovers Letter. + +Mr. Glover in his Letter of the 3d of July from Gallway gives an +account That he is returned from Ballinrobe District, where he has +been making all strict Enquiry about the Sloop putt in at Westport, +and says, That as yett there appears no substantiall proof of any +Goods Landed lyable to Duty, except such as were taken by the Officer, +Mr. Currin, which he says he had seized from them, that the said Mr. +Glover has taken them from the officer and deliverd them into the +Custom House. As for the 14 pound 3/4 worth of Silver bought by the +Officer, it is in Charge with the Collector Mr. Vanderlure. No +question but the Master of the Sloop hath forfeited and been lyable to +the Penalty according to Law, for by Affidavit of one of his Sailers +he proves that at Ackill, where they first landed their Passengers, +there being no Officers present, there was taken off board and Landed +severall large baggs belonging to the Passengers. what was in the +baggs he cannot tell, but that they were stuffed full of something. +That the said Mr. Glover had likewise Informacions from severall +persons that they heard one George Crawford of Foxford say that he had +seen Eight peices of Muslin with some of the Passengers which came out +of the Sloop. That he went to Foxford to examin the said Crawford, but +he went out of the way so that the said Glover could not see him, but +left a Summons at his house for his appearing at Gallway the Munday +following. + +Mr. Humphry Currin, in his Letter of the 7th of July from Gallway, +says, That a small Sloop from the West Indies Landed at Ackill about +10 or 12 Passengers and that he saw them at Westport and one of them +was putting something in a bagg which he examined and found 5 yards +and 1/2 of Striped Muslin, 2 yards and 1/2 of Cottened Cloth, 2 yards +of Quilted Linnen, with 10 small Cravatts and 4 Silk Handkerchiefs, +which he then Seizd as lyable to Duty, and said he must carry them to +the Custom House of Gallway; That he supposd the Kings share would be +remitted and ignorantly gave him the next day 4 Cobbs for it and told +him if the Law would allow him more he should have it; That the said +Currin shewd the Linnen to Mr. Cade and told him he must go with them +to Gallway, but delayd it till after the next Office; That he was +advisd to carry the Passengers to a Justice of Peace, which he +accordingly did; That he bought for himself and a friend 5 pound of +broken silver and 9 pound of melted course Silver and deliverd it to +Mr. Glover's Order. + + +_63. Examination of John Dann. August 3, 1696._[1] + +[Footnote 1: London, Public Record Office, C.O. 323:2, no. 25 IV. +Endorsed: "In closed in Mr. Blackborne Secretary to the East India +Company his letter of the 18th December 1696", as to which letter see +_Calendar of State Papers, Colonial_, 1696-1697, pp. 259-264.] + +The Examination of John Dann of Rochester, Mariner, taken the 3d of +August 1696. + +Danns Examination. + +This Informant saith that 3 yeares agoe he was Coxwain in the +_Soldado_ Prize, That he deserted the said shipp to goe in Sir James +Houblons[2] Service, upon an Expedition to the West Indies, under Don +Authuro Bourne. hee went on board the _James_, Captain Gibson +Commander, and the whole Company shifted their Ship in the Hope, and +went on board the _Charles_ in which they went to the Corunna. The +Shipps Company mutinied at Corunna for want of their pay, there being +8 months due to them; some of the men proposed to Captain Every, who +was master[3] of the _Charles_, to carry away the Shipp, which was +agreed on and sworne too; accordingly they sayled from the Corunna the +7th of May 1693.[4] when they were gone out they made up about 85 men. +Then they asked Captain Gibson, the Commander, whether he was willing +to goe with them, which he refusing, they sett him a shoar, with 14 or +15 more. + +[Footnote 2: An alderman of London and a director of the Bank of +England. "Sir Arthur Bourne, an Irish commander, who has served on +board the Spanish fleet 5 years; he is to command 5 English and Dutch +men of warr, and sail for the West Indies" (1692). Luttrell, _Brief +Relation_, II. 330.] + +[Footnote 3: Navigating officer.] + +[Footnote 4: Error for 1694.] + +The first place they came to was the Isle of May,[5] where they mett +three English Ships and tooke some provisions out of them, with an +Anchor and Cable and about 9 men. They went next to the Coast of +Guinea, and there they tooke about 5 li. of Gold Dust, under the +pretence of Trade; from Guinea they went to Philandepo,[6] where they +cleaned their ship and tooke her lower; from thence they went to +Princes Island,[7] where they mett with 2 Deanes[8] ships, which they +tooke after some restraine. in those Shipps they tooke some small +Armes, Chestes of Lynnen and perpetuenes,[9] with about 40 l. in Gold +dust and a great quantity of Brandy. they putt them on shoar Except 18 +or 20 they tooke with them. they carryed the best of the Danes Shipps +with them and burnt the other. They stood then for Cape Lopez, and in +the way mett with a small portugeese, laden with slaves from Angola. +they tooke some Cloathes and silkes from them and gave them some +provisions which they were in want of. att Cape Lopaz they only bought +Honey, and sunke the little shipp, the men not being satisfied with +the Commander. They went next to Annabo[10] and takeing provisions +there they doubled the Cape and sailed to Madagascar, where they tooke +more provisions and cleared the ship. from thence they sailed to +Johanna,[11] where they mett a small Junke, put her a shore and tooke +40 peices out of her, and had one of their men killed. they only tooke +in provisions at Johanna. Three English Merchant ships came downe +thither at the same time, but they did not speake with them. They went +thence to a place called Paddy,[12] and soe back to Johanna, touching +at Comora by the way, where they tooke in provisions. at Johanna they +tooke a Junke laden with Rice, which they stood in need of; here they +tooke in 13 French men that had been privateering in those Seas under +English Colours and had lost their ship at Molila, where it was cast +away. Then they resolved to goe for the Red Sea. in the way they mett +with two English Privateers, the one called the _Dolphin_, the other +_Portsmouth Adventure_. The _Dolphin_, Captaine Want Comander, was a +Spanish Bottom, had 60 men on board and was fitted out at the +Orkells[13] neare Philadelphia. She came from thence about 2 yeares +agoe last January. The _Portsmouth Adventure_ was fitted out at Rhode +Island about the same time, Captain Joseph Faro Comander. this ship +had about the like number of men and about 6 Gunns each and they +joyned Company. They came to an Island called Liparan,[14] at the +entrance into the Red Sea, about June last was 12 months. they lay +there one night and then 3 sale more of English came to them, One +comanded by Thomas Wake[15] fitted out from Boston in New England, +another the _Pearle_ Brigantine, William Mues Comander, fitted out of +Rhode Island, the third was the _Amity_ Sloop, Thomas Tew +Comander,[16] fitted out at New Yorke. they had about 6 Guns each. two +of them had 50 men on board and the Brigantine betweene 30 and 40. +they all Joyned in partnership, agreeing Captain Every should be the +Comander. After they had laine there some time they were apprehensive +the Moors shipps would not come downe from Mocha,[16a] soe they sent a +pinnace thither, which tooke two Boates. they brought away 2 men, +which told them the shipps must come downe. In the meane time they +stood into the sea about 3 Leagues and came to an Anchor there, and +hearing by the Pinnace the Moors Shipps were ready to come downe they +weighed and stood to Leparon againe. After they had lain there 5 or 6 +dayes the Moores shipps (being about 25 in number) past by them in the +night unseen, though the passage was not above 2 miles over. they[17] +was in August last on Saturday night. the next morning they saw a +Ketch comeing downe, which they tooke, and by them they heard the +ships were gone by, whereupon it was resolved they should all follow +them and accordingly they wheighed on Monday, but the _Dolphin_ being +an ill sayler they burnt her and tooke the men most of them aboard +Captain Every and the Brigantine they tooke in two [tow]. the sloop +fell asterne and never came up to them. Captain Wake likewise lagged +behind but came up to them afterwards. the _Portsmouth_ kept them +company. they steered their Course for Suratt, whether the Moores +ships were bound. about 3 dayes before they made Cape St. John[18] +they mett with one of the Moores ships, betweene 2 and 300 tons, with +6 Guns, which they tooke, she haveing fired 3 shott. they tooke about +50 or 60,000 l. in that ship in Silver and gold, and kept her with +them till they made the land, and comeing to an anchor they espied +another ship. they made sale up to her. she had about 40 Guns mounted +and as they said 800 men. Shee stood a fight of 3 houres and then +yeilded, the men runing into the Hold and there they made their +Voyage. They tooke out of that ship soe much Gold and Silver in Coyned +money and Plate as made up each mans share with what they had taken +before about 1000 l. a man, there being 180 that had their Dividents, +the Captain haveing a Double share and the Master a share and a halfe. +The _Portsmouth_ did not come into the Fight and therefore had noe +Divident, but the Brigantine had, which was taken away from them +againe by reason that the _Charles's_ men changing with them Silver +for Gold they found the Brigantine men Clippt the Gold, soe they left +them only 2000 peices of Eight to buy provisions. They gave a share to +the Captain of the _Portsmouth_ and brought him away with them. +Captain Want went into his ship and sailed into the Gulph of Persia +and the Brigantine (he thinkes) went to the Coast of Ethiopia. Captain +Wake went to the Island of St. Maries near Madagascar,[19] intending +for the Red Sea the next time the Moores ships were expected from +thence. Captain Every resolved to goe streight for the Island of +Providence. In the way the men mutinied, some being for carrying her +to Kian[20] belonging to the French, neere Brazill, but Captain Every +withstood it, there being not above 20 men in the Shipp that Joyned +with him. when they came to the Island of Mascareen[21] in the +Latitude of 21 they left as many men there as had a mind to stay in +that Island, and about March or Aprill last they arrived in the Island +of Providence with 113 men on board. they came first to an Anchor off +the Island of Thera,[22] and by a sloop sent a Letter to Nicholas +Trott, Governor of Providence,[23] to propose bringing their ship +thither if they might be assured of Protection and Liberty to goe +away, which he promised them. They made a collection of 20 peices of 8 +a man and the Captain 40, to present the Governor with, besides +Elephants Teeth and some other things to the value of about 1000 l. +Then they left their Ship which the Governor had and 46 Guns in her. +they bought a sloop which cost them 600 l. Captain Every and about 20 +more came in her for England and Every tooke the name of Bridgman; +about 23 more of the men bought another Sloop and with the Master, +Captain Risby, and the rest of the men went for Carolina. + +[Footnote 5: Maio, one of the Cape Verde Islands.] + +[Footnote 6: Fernando Po, in the Bight of Biafra.] + +[Footnote 7: Ilha do Principe. The islands of St. Thome, Principe, and +Annobon are fully described, in their then state, in the second +edition of Johnson, _General History of the Pyrates_, pp. 188-204.] + +[Footnote 8: Danish. Fourteen of the Danes joined the pirate crew, so +says Philip Middleton in a narrative not identical with our no. 64, +_post_ (_Cal. St. Pap. Col._, 1696-1697, p. 261); and the Court of the +East India Company, in a letter to the General and Council at Bombay, +Aug. 7, 1696, report that Every's motley company "consisted of 52 +French, 14 Danes, the rest {104} English, Scottish, and Irish". +Beckles Willson, _Ledger and Sword_, I. 434.] + +[Footnote 9: Perpetuana, a durable woolen fabric.] + +[Footnote 10: The island of Annobon, in lat. 1 deg. 24' S.; see note 7.] + +[Footnote 11: One of the Comoro group of islands, lying between the +north point of Madagascar and the mainland of Africa. It may be useful +to mention that at this time the East India Company's monopoly of +trade in the Indian Ocean had been broken by a declaration of the +House of Commons, Jan. 11, 1694, that every British subject had the +right to trade with India.] + +[Footnote 12: Probably Patta, off British East Africa, but then +Portuguese. Comoro is the principal island in the group of which +Johanna is one. Molila, below, is most likely Mohelli, another of the +group.] + +[Footnote 13: Whorekill, _i.e._ Lewes Creek, Delaware.] + +[Footnote 14: Perim, in the straits of Bab-el-Mandeb.] + +[Footnote 15: See doc. no. 68, paragraph 8, _post_.] + +[Footnote 16: Tew appears in Jamaica, Rhode Island, and New York, +everywhere with an ill reputation. Edward Randolph (Toppan, _Edward +Randolph_, V. 158) declares that from this present voyage he brought +L10,000 in gold and silver into Rhode Island. He had gone out with a +privateering commission from Governor Fletcher of New York (_N.Y. Col. +Doc._, IV. 310, etc.), though, according to Bellomont, Fletcher must +have known of his piratical habits. Fletcher in his not too satisfying +"defence" (_ibid._, IV. 447) says: "This Tew appeared to me not only a +man of courage and activity, but of the greatest sence and remembrance +of what he had seen, of any seaman I had mett. He was allso what they +call a very pleasant man; soe that at some times when the labours of +my day were over it was some divertisement as well as information to +me, to heare him talke. I wish'd in my mind to make him a sober man, +and in particular to reclaime him from a vile habit of swearing. I +gave him a booke to that purpose." But it appears from paragraph 9 of +our no. 68 that Tew was killed, in the act of piracy, within the year +of the issue of his commission, and it is impossible to say how far +the reformation of his speech had progressed.] + +[Footnote 16a: Mocha lies inside the straits, on the Arabian side of +the Red Sea.] + +[Footnote 17: This.] + +[Footnote 18: Probably Cape Diu.] + +[Footnote 19: Off the northeast coast. A celebrated resort of pirates; +see Capt. Adam Baldridge's deposition, no. 68, _post_.] + +[Footnote 20: Cayenne, French Guiana. The editor remembers that old +New England people, in his boyhood, still pronounced the name Ky-ann.] + +[Footnote 21: Now Reunion, then called by the French (to whom it +belonged) Bourbon, or Mascaregne, from the Portuguese commander Pedro +Mascarenhas, who discovered it in 1512.] + +[Footnote 22: Eleuthera.] + +[Footnote 23: Governor of the Bahama Islands from 1693 to 1696, when +he was removed because of his suspicious dealings with the pirates. He +was a cousin of that Chief-Justice Nicholas Trott (1668-1740) who was +so great a power in South Carolina, and who in 1718 sentenced Stede +Bonnet's company with such severity. See the next document.] + +Captain Every alias Bridgman and this Informant landed at +Dumfaneky[24] in the North of Ireland towards the latter end of June +last, where this Informant parted with Captain Every and heard he went +over for Donaghedy in Scotland.[25] when this Informant was at Dublin +he heard Every was there, but did not see him. he heard him say he +would goe to Exeter when he came into England, being a Plymouth man. + +[Footnote 24: Dunfanaghy, co. Donegal, on the north coast of Ireland.] + +[Footnote 25: Probably an error for "from Donaghedy to Scotland". +Dunaghadee is in Ireland, co. Down, at one of the points nearest to +Scotland.] + +This Informant says that he parted with Captain Every at Esquire Rays, +within 6 miles of Dumfannaky; That the Land water[26] of that Port, +one Mawrice Cuttle, gave this Informant a Passe to goe to Dublin for +himselfe, 5 men more and 2 boyes, and came along with them to a place +called Lidderkenny,[27] and there he would have detained their money +but this Informant and another of the Company had liberty to goe to +Derry[28] to cleere themselves to Captain Hawkins, but by the way +Cuttle agreed with them to lett them goe for three pounds weight in +Gold, which they gave him at a place called St. Johnstons,[29] and +then they had liberty to goe on to Dublin. + +[Footnote 26: Landwaiter.] + +[Footnote 27: Letterkenny, co. Donegal.] + +[Footnote 28: Londonderry.] + +[Footnote 29: St. Johnstown, on the Foyle above Londonderry.] + +This Informant heard likewise that the said Cuttle made an agreement +with the other men before he lett them goe but he cannot tell what +they gave him. + +This Informant came from Dublin about 3 weekes agoe and landed at +Holyhead and soe to London, where he arrived on Tuesday last. the man +that came over with him was Thomas Johnson, who lives neare Chester, +and there he left him. + +This Informant went to Rochester on Thursday last and was seized there +the next morning by meanes of a Maid, who found his Gold Quilted up in +his Jackett hanging with his coate. he was carryed before the Mayor, +who comitted him to Prison and kept his Jackett, in which and in his +pocketts were 1045 l. Zequins[30] and 10 Guineas, which the Mayor now +hath in his Custody. + +[Footnote 30: A Venetian or Turkish gold coin, worth about nine +shillings.] + +This informant sayes further that the wife of Adams, who was their +Quarter Master, came with them from the Island of Providence, that +shee was with Captain Every at Donoughedee and beleives they went over +together; as this Informant came to London hee saw this woman at St. +Albans, who was goeing into a stage Coach. She told this Informant +that shee was goeing to Captaine Bridgmans but would not tell him +where he was. + +This Informant saith that the Sloope they came home in was given to +Joseph Faroe, Comander of the above mencioned _Portsmouth Adventure_, +and that he intended to returne in her to America. the vessell is +called the _Sea Flower_, about 50 Tuns and 4 Guns. This Informant +heard she was at Derry. + +This Informant sayes that the other Sloop, which Captaine Richy came +over in, landed somewhere neare Galloway.[31] hee saw some of the men +att Dublin. And this Informant beleives that most of the men which +came with Captaine Every to Ireland are now in Dublin. + +[Footnote 31: Galway.] + + +_64. Affidavit of Philip Middleton. November 11, 1696._[1] + +[Footnote 1: Public Record Office, C.O. 5:1257, no. 47 I. Besides this +examination before the London magistrate, Middleton had made a +statement, Aug. 4, 1696, to the lords justices of Ireland, fully +summarized in _Cal. St. Pap. Col._, 1696-1697, pp. 260-262; it nearly +duplicates that of John Dann, our no. 63, _supra_. Note also the +affidavit of John Elston of New Jersey, another of the crew, in _N.J. +Archives_, first series, II. 223-226.] + +Phillip Midleton of London, Mariner, of competent age, deposeth and +saith upon his Corporall Oath That he, this Deponent, did serve on +board the ship _Charles_ alias _Fancy_ under the command of Henry +Every alias Bridgeman in the month of Aprill last, when she arrived at +an Island near Providence in America, from whence a Letter was writ to +Mr. Nicholas Trott, Governour of Providence, which Letter this +Deponent saw and heard it read, and declareth That the Contents were, +That, provided he would give them liberty to come on Shoar and depart +when they pleased (or words to this purpose), they promised to give +the said Governour twenty Peices of Eight and two Peices of Gold a Man +and the said Ship, and all that was in her. But this Deponent +remembers not the least threatning expression in the said Letter nor +did he hear such like words from any of the Ships Crew, onely some of +them said that if they were not admitted to come to Providence they +would go some where else, and further deposeth That Mr. Governour +Trott returned answer to the aforesaid Letter in writeing in very +civill termes, assuring Captain Every That he and his Company should +be wellcome (or words to this purpose), which said assurance was made +good to them by Governour Trott after their arrivall at Providence as +effectually as they could desire.[2] This Deponent likewise deposeth, +That upon receipt of Mr. Governour Trotts Letter, or in a little space +of time after, a Collection was made afore the Mast (at which this +Deponent was present) for him the said Governour Trott, to which +Captain Every contributed 40 Peices of Eight and four Peices of Gold +and every Sailer (being one hundred men besides Boyes) twenty Peices +of Eight and two Peices of Gold a man, which sum being collected were +sent to Mr. Governour Trott by Robert Chinton, Henry Adams, and two +more, whose names this Deponent doth not call to mind, after which the +said Captain Every and his Crew sailed in the said ship _Charles_ for +Providence, where at their arrivall they delivered up the said ship +with what was in her to the said Governour Trott, and accordingly +Major Trott took possession of her in the said Governours name and +afterwards left her in the custody of the Governours Boatswain and a +few Negroes, whose incapacity or number were not sufficient to secure +the ship from hurtfull accidents, as this Deponent believes and also +was informed, the which was made evident by the ships comeing a shoar +about two dayes after Governour Trott was possessed of her, though she +had two Anchors at her Bow and one in the hold, at least she had so +many Anchors when this Deponent and the rest of the Company quitted +the said ship to Mr. Trott. This Deponent also deposeth That so soon +as Mr. Trott was in possession of the said ship he sent Boats to bring +a shoar the Elephants teeth, the sails, Blocks, etc., that was +valuable in the said Ship, And further saith That he saw severall +Boats Land which were filled with the aforesaid Commodityes and +stores, and that he hath heard severall of the Ship _Charles's_ Crew +say and affirm (and which this Deponent also doth believe and partly +know) that at the said Ship's arrivall at Providence she had on board +fifty Tons of Elephants teeth, forty six Guns mounted, one hundred +Barrells of Gunpowder or thereabouts, severall Chests of Buccanneer +Guns, besides the small Armes which were for the Ships use, the number +of which doth not occur to his mind. He further deposeth to the best +of his knowledge and Information the said ship was firm and tight, for +whereas he went down into her Hold the same day she arrived at +Providence he then could not perceive she made the least water. And +further saith that the said Ship came a shoar as aforesaid two dayes +after Mr. Trott was possessed of her, he first having taken out of her +what was most considerable. this misfortune of the ship happened about +noon in the said Governour's sight, as this Deponent (who was an Eye +Witness) well knowes. he likewise declares That one named James +Browne, with severall others of Providence and also severall that had +been of the Ships Crew, upon this occasion profered themselves to +undertake weighing her with Casks, But this Deponent never heard that +the offers aforesaid were accepted, nor that any means was used to get +her off, nor that Governour Trott had any consideration besides that +of getting on Shoar what still remained on board. This Deponent also +saith That it was generally reported at Providence the Ship was run on +Shoar designedly. And this Deponent saith That he left Providence when +Captain Every did and that the Sloop in which they went was the last +Vessell that carryed from Providence any considerable number of the +ship _Charles's_ men and that this Deponent was informed a Packet was +sent by Hollandsworths Sloop, which sailed before that in which this +Deponent was, in which also he knowes there was another Packet sent, +which this Deponent saw and believes 't was from Governour Trott but +knowes not to whom they were directed. He further deposeth That +neither while he was at Providence nor afterwards he knew or heard +that the said ship _Charles_ was bilged, but he remembers that Joseph +Dawson, who had been Quarter-Master by Captain Every, was sent on +board her just before his departure to fetch some Cask for the use of +his Sloop, which Dawson brought on Shoar and then in this Deponents +hearing declared That the said ship was not bilged, the water in her +being black and stinking and the Cask being wedged in the Ballast. if +the Ship had been bilged she would have been full of water whereby he +could not have gotten the Cask out. And this Deponent alwaies +understood That Sir James Houblon and Company of London owned the said +Ship and verily believes Governour Trott knew as much. The said +Deponent further deposeth That John Dan, John Sparks and Joseph Dawson +arrived in Ireland in Captain Everys Sloop in the Company of this +Deponent, which said Sloop departed from Providence about the +beginning of last June, and Hollandsworths Sloop about fourteen dayes +or three weeks before. + +[Footnote 2: In his defence, _Cal. St. Pap. Col._, 1697-1698, p. 506, +Governor Trott declares that there were but 60 men resident at New +Providence (Nassau) as against 113 (whites) of Every's men. See also +_Acts of the Privy Council, Colonial_, VI. 3.] + +A copy of Phillip Middleton's Affidavit made before Sir John Houblon, +Knight,[3] the 11th of November last, examined in London this 30th day +of January anno 1696/7. + +[Footnote 3: Governor of the Bank of England, and lord mayor of London +in the earlier part of that year. The owner of the _Charles_ was his +brother.] + + +_65. Deposition of Samuel Perkins. August 25, 1698._[1] + +[Footnote 1: Public Record Office, C.O. 323:2, no. 131. It is endorsed +"Copy of a Deposition of Samuel Perkins relating to Pirates in the +East Indies Communicated to the Board [of Trade] by Mr. Secretary +Vernon" (secretary of state). Samuel Perkins of Ipswich, +Massachusetts, had been one of that town's contingent in King Philip's +War, and died in Ipswich, an old man, in 1738.] + +The Examination of Samuel Perkins, of Ipswich in New England, taken +upon oath before me Ralph Marshall Esquire, one of his Majesties +Justices of the Peace for the County of Middlesex and Citty and +Liberty of Westminster, this 25th day of August Anno Domini 1698. + +This Informant upon his Oath saith, That about 5 years since he went +aboard the ship _Resolution_, Captain Robert Glover an Irishman +Commander, (who had 18 Guns and 60 men), to see his Uncle Elisha +Skilling, who was Boatswain of the said Ship but is since Dead, who +detained him in the said Ship together with a French Maletto[2] Boy, +which ship sailed from New England in the night to the Isle of May, +where they took in Salt, and thence sailed to Cape Coast in +Guinnea,[3] where a Dutch man of War took 11 men from them, but +returned 9 of them again, keeping the other two as Hostages, in case +they meddled with any Dutchmen. From thence they sailed to Cape Lopaz +and so to Madagascar, where they victualled and cleaned, and thence +sailed into the Red Sea, where they lay waiting for some India ships, +but missing them went to an Island called Succatore[4] in the Mouth of +the red Sea, where they bought Provisions and so went to Rajapore,[5] +where they took a small Muscat man with 12 Guns laden with Dates and +Rice, in the Harbour; in taking whereof they killed some of her men, +and sent the Muscatt man by Captain Glover (with whom the rest of the +_Resolutions_ Crew had a quarrell)[6] to Madagascar, and then chose +one Richard Shivers a Dutchman for their Commander, and then sailed to +Mangelore,[7] where they took a small ship belonging to the Moors, +laden with Rice and Fish, some of which they Plundered and then let +her goe. from thence they went to Callicut,[8] where they took 4 ships +belonging to the Moors at Anchor in the Road, and sent ashore to know +if the Country would Ransome them. But there being a design among the +Countrey people to retake their own ship and the said ship +_Resolution_, with some Grabbs[9] or Boats sent off, They fired two of +the said Prizes and run away and left them. Thence they went to Cape +Comarine, to cruise for Malocca[10] men, but mist them, and took a +Danish ship, out of which they took two men by force and five more +came voluntarily aboard, and left the rest aboard the sloop, having +first taken severall Piggs of Lead, fire arms, and Gun Powder out of +her. from thence they went to the Island Mauretious,[11] where they +took in Provisions and so to St. Marys Island near Madagascar, where +they met with Captain Hoare an Irishman (since Dead) who was commander +of the _John and Rebecca_,[12] a Pyrate of about 200 Tuns, 14 Guns, +belonging to the Road Island, who had with her a Prize (a pritty large +ship) belonging to the Mogulls subjects at Suratt, which he had taken +at the Gulph of Persia, laden with Bale Goods. there was there also a +Brigantine belonging to New York, which came to fetch Negroes, and the +hulk of the said ship which Captain Glover carried thither. + +[Footnote 2: Mulatto.] + +[Footnote 3: Cape Coast Castle, on the Gold Coast.] + +[Footnote 4: Sokotra.] + +[Footnote 5: Rajpur, a few miles south of Bombay.] + +[Footnote 6: See paragraph 10 in Capt. Adam Baldridge's deposition, +no. 68, _infra_.] + +[Footnote 7: Further south, on the Canara coast.] + +[Footnote 8: Still further south, on the Malabar coast; still on the +west coast of Hindustan, of which Cape Comorin, below, is the +southernmost point.] + +[Footnote 9: Arabic _gurab_, a large coasting-vessel.] + +[Footnote 10: Malacca.] + +[Footnote 11: Mauritius, then a Dutch island.] + +[Footnote 12: See paragraphs 12, 13, in Capt. Adam Baldridge's +deposition, no. 68, _infra_. Governor Fletcher of New York, July 16, +1695, had given Hoar a commission as a privateer to cruise against the +French in the _John and Rebecca_. Glover and Hoar were brothers-in-law. +_Cal. St. P. Col._, 1697-1698, p. 108.] + +The Island St. Maries is a pritty large Island, well inhabited by +black people, where one Captain Baldridge[13] (who, as he was +informed, had formerly killed a man in Jamaica, and thereupon turned +Pirate about 13 years agoe) had built a platforme of a Fort with 22 +Guns, which was destroyed, together with Captain Glover and the rest +of the Pyrats there, whilst this Informant was at Madagascar about +nine months agoe, by the Blacks, who also killed 7 English men and 4 +French men in the house where this Informant was at Madagascar, +sparing only himself. + +[Footnote 13: See document no. 68, _post_.] + +There was then also a party of English in another part of the Island +of Madagascar, who defended themselves against the Blacks on an Island +in a River there, having some of the blacks on their side, till +Captain Baldredge, who was then absent with the said Brigantine (which +he had bought and sailed in her to Mascarine,[14] an Island belonging +to the French, where he went to sell Prize Goods) returned, and took +them off, carryed them to St. Augustines Bay,[15] they paying +considerably for their Transportation. This Informant further saith +that, before this happened, he run away from the _Resolution_ and +remained on the Island of Madagascar as aforesaid, the said ship being +gone, as he was told, to the Streights of Mallacca, which is about +Tenn months since; That he this Informant was redeemed for a parcell +of Gun Powder by those who defended themselves as aforesaid, and went +with them aboard the Briggantine, who went first to St. Augustines Bay +to putt some men ashore (who had not money to pay for their further +passage) and thence sailed to St. Helena, where they arrived about six +months agoe, pretending there to be a trading ship belonging to New +York, upon which they got water and Provisions.[16] But this Informant +run away from the said ship at St. Hellena and concealed himself in +the Island till she was gone (who stayed there about 7 or 8 days) and +continued there about 3 months till the arrivall of the _Sampson_ +there from the East Indies, aboard of which ship he came for England +with the consent of the Governor of St. Helena. + +[Footnote 14: See document no. 63, note 21.] + +[Footnote 15: On the southwest coast of Madagascar.] + +[Footnote 16: St. Helena was then already an English island, with +about a thousand inhabitants.] + +This informant farther saith That he had heard upon Madagascar, That a +little before his arrivall there That 14 of the Pyrates (belonging to +Captain Tew, Captain Rayner, and Captain Mason and Captain Coats or +some of them)[17] had by consent divided themselves into two sevens, +to fight for what they had (thinking they had not made a voyage +sufficient for so many) and that one of the said Sevens were all +killed, and five of the other, so that the two which survived enjoyed +the whole Booty. And this Informant further saith, that he hath heard +and believeth, that not only the ship _Resolution_ to which he +formerly belonged, but also the _Mocha_ Friggat,[18] which run away +out of the service of the East India Company, the _Charles and Mary_, +and severall other ships manned by English and other European Nations, +were about nine months since, when he came from Madagascar, and still +are playing the Pyrates in the Streights of Mallaca, in the Red Sea +and other Parts in the East Indies. + +SAMUELL PERKINS. + +Juratus coram me[19] + RA. MARSHALL. + +[Footnote 17: All these figure in the accusations against Fletcher in +_N.Y. Col. Doc._, IV.] + +[Footnote 18: The _Mocha_ appears also in the Kidd narratives, and +continued her career of piracy till 1699, at least.] + +[Footnote 19: _I.e._, sworn before me.] + + +_66. Certificate for John Devin (Bahamas). September (?) 20, 1698._[1] + +[Footnote 1: Suffolk Court Files, Boston, no. 3765, paper 2. We find +John Devine settled as a chirurgeon in Boston in 1704. _N.E. Hist. +Gen. Reg._, XXXVI. 309.] + +New Providence SS. + +Whereas in the month of Aprill in the year of our Lord God one +Thousand Six hundred and ninety six Capt. Henry Every als Bridgeman +came into the Harbor of new Providence with the Shipp _Charles_ als +_Fancy_, which said Capt. Every and his Shipps Crew were few days +after their arrivall thought and supposed to be by the Major Part of +the Island of Providence to be guilty of piracy upon the open Seas, +And that the with in mentioned John Devin was one of the Ships +Company, and was lately apprehended and taken as one of the said +Pirates in order to be brought to his Tryall, which was accordingly +done the 22d of this Instant August, and the Bill being presented +against the within mentioned John Devin to the Gran Jury, which sd +Grand Jury found the Bill, and afterwards the sd John Devin was +brought to the Court, and holding up his hand was arraigned; The Petty +Jury being sworne, the Attorney Gen'll opening the matter to the Court +and Jury against the sd John Devin, The Petty Jury returning to the +Court found the within mentioned John Devin not Guilty, upon which the +sd John Devin was cleared by proclomation, as by the publick Entrys +doth and may more at large appear: + +Whereupon and upon the humble Requestt to me made by the sd John +Devin, I, Ellis Lightwood Esq., Chief Judge, have thought fitt to +certifie this under my hand, and ordered the publick Seale of this +Goverment to be hereunto affixed as a Testimony of his the sd John +Devins Innocency relating to the supposed piracy of Capt. Every als +Bridgeman in the ship _Charles_ als _Fancy_. + +ELLIS LIGHTWOOD + +[September (?)] the 20th Anno Dom 1698 +[ _blank_ ] LEIGHTON per Dom. Regem. + Coppy examined by ELISHA COOKE, Clerk.[2] + +[Footnote 2: Elisha Cooke the younger, clerk of the superior court of +Massachusetts from 1702 to 1718.] + + +_67. Certificate for John Devin (Massachusetts). October 25, 1698._[1] + +[Footnote 1: Suffolk Court Files, Boston, no. 3765, paper 1.] + +New England. Anno Rs. Gulielmi 3d Decim.[2] + +[Footnote 2: _I.e._, _anno decimo Regis Gulielmi Tertii_, "in the +tenth year of King William III."] + +At a Court of assize and General Goal Delivery holden at Boston for +the County of Suffolk, within his Maj'ties Province of the +Massachusetts Bay in New England, upon the 25th Day of Octo'r 1698. + +John Devin, Chyrurgion, bound over by Recogniscance unto this Court, +to answer what should be objected ag'st him on his Maj'ties behalf as +being one of the Company belonging to the Ship _Charles_ al's +_Fancey_, Henry Every al's Bridgeman Command'r, at the time when +several acts of Piracy were committed by the sd Every al's Bridgeman +and Company in the aforesd Ship, upon the high Seas of India and +Persia, and for aiding and assisting in the sd Piracys and shareing in +the Plunder so piratically taken. + +The sd Jno. Devin, being called, appeared and produced a Certificate +und'r the hand of Ellis Lightwood Esq., chief Judge of the Island of +Providence, and the Public Seal of the Government there, Importing +that the sd Devin had lately been indicted, arraigned and tryed for +the same matters and Facts (whereof he is now inquired) In the Kings +Court within the sd Island of Providence and found not guilty by the +Jury, and clear'd by Proclamation, which afore cited Certificate being +read and other the proceedings in the case in the sd Court at +Providence, Proclamation was made, and nothing of further charge or +Evidence appearing against the sd Jno. Devin, he was openly acquitted. +Which at Request of sd Devin and by ord'r of his Maj'ties Justices of +Assize etc. is hereby Certified under the Seal of the sd Court. Dated +at Boston the Second day of November, Anno predict.[3] + +[Footnote 3: _I.e._, _anno predicto_, "in the year aforesaid".] + + +_68. Deposition of Adam Baldridge. May 5, 1699._[1] + +[Footnote 1: Public Record Office, C.O. 5:1042, no. 30 II. An +endorsement shows that it was sent to the Lords of Trade with +Bellomont's letter of May 15, 1699, which is printed in _N.Y. Col. +Doc._, IV. 518-526. Capt. Adam Baldridge, as will be seen from some of +the preceding narratives, had kept a rendezvous for pirates at St. +Mary's Island, but he had now settled down as a respectable citizen of +New York. Bellomont thought well of him at first (he "appears to be a +sober man and reported wealthy"), but was warned by the Board of Trade +of his connection with piracy, and later (note 19, _post_) had fuller +information from Kidd. _Ibid._, IV. 333, 552.] + +1. July the 17th 1690. I, Adam Baldridge, arrived at the Island of St. +Maries in the ship _fortune_, Richard Conyers Commander, and on the +7th of January 1690/1 I left the ship, being minded to settle among +the Negros at St. Maries with two men more, but the ship went to Port +Dolphin[2] and was Cast away, April the 15th 1691, and halfe the men +drownded and halfe saved their lives and got a shore, but I continued +with the Negros at St. Maries and went to War with them. before my +goeing to War one of the men dyed that went a shore with me, and the +other being discouraged went on board againe and none continued with +me but my Prentice John King. March the 9th they sailed for Bonnovolo +on Madagascar, 16 Leagues from St. Maries, where they stopt to take in +Rice. after I went to war six men more left the Ship, whereof two of +them dyed about three weeks after they went ashore and the rest dyed +since. In May 91 I returned from War and brought 70 head of Cattel and +some slaves. then I had a house built and settled upon St. Maries, +where great store of Negros resorted to me from the Island Madagascar +and settled the Island St. Maries, where I lived quietly with them, +helping them to redeem their Wives and Children that were taken before +my coming to St. Maries by other Negros to the northward of us about +60 Leagues. + +[Footnote 2: Fort Dauphin, at the southeast point of Madagascar, built +by the French.] + +2. October 13, 1691. Arrived the _Batchelors delight_, Captain Georg +Raynor[3] Commander, Burden 180 Tons or there abouts, 14 Guns, 70 or +80 men, that had made a voyage into the Red Seas and taken a ship +belonging to the Moors, as the men did report, where they took as much +money as made the whole share run about 1100 l. a man. they Careened +at St. Maries, and while they Careened I supplyed them with Cattel for +their present spending and they gave me for my Cattel a quantity of +Beads, five great Guns for a fortification, some powder and shott, and +six Barrells of flower, about 70 barrs of Iron. the ship belonged to +Jamaica and set saile from St. Maries November the 4th 1691, bound for +Port Dolphin on Madagascar to take in their provision, and December 91 +they set saile from Port Dolphin bound for America, where I have heard +since they arrived at Carolina and Complyed with the owners, giveing +them for Ruin of the Ship three thousand pounds, as I have heard +since. + +[Footnote 3: Josiah Rayner was associated with Tew, later with Every; +Fletcher had, for a bribe, it was said, released his chest of treasure +brought to New York.] + +3. October 14th 1692. Arrived the _Nassaw_, Captain Edward Coats +Commander, Burden 170 Ton or there about, 16 Guns, 70 men, whereof +about 30 of the men stayed at Madagascar, being most of them concerned +in taking the Hack boat at the Isle of May Colonel Shrymton over +[owner?], the said Hack boat was lost at St. Augustin. Captain Coats +Careened at St. Maries, and whilst careening I supplyed them with +Cattel for their present spending, and the Negros with fowls, Rice and +Yams, and for the Cattel I had two Chists and one Jarr of powder, six +great guns and a Quantity of great Shott, some spicks[4] and nails, +five Bolts of Duck and some Twine, a hogshead of flower. the ship most +of her belonged to the Company, as they said. Captain Coats set saile +from St. Maries in November 92, bound for Port Dolphin on Madagascar, +and victualed there and in December set saile for New-York. Captain +Coats made about 500 l. a man in the red Seas.[5] + +[Footnote 4: Spikes.] + +[Footnote 5: In April, 1693, this Coats, in a ship now called the +_Jacob_, anchored near the east end of Long Island, and sent men to +bargain with Governor Fletcher for permission to enter and for +protection. They promised the governor L700 and secured protection, +though in the end the owners gave him the ship instead. _N.Y. Col. +Doc._, IV. 223, 310, 386-388; _Cal. St. P. Col._, 1697-1698, pp. +227-228.] + +4. August 7th 1693. Arrived the Ship _Charles_, John Churcher master, +from New York, Mr. Fred. Phillips, owner,[6] sent to bring me severall +sorts of goods. She had two Cargos in her, one Consigned to said +Master to dispose of, and one to me, containing as followeth: 44 paire +of shooes and pumps, 6 Dozen of worsted and threed stockens, 3 dozen +of speckled shirts and Breaches, 12 hatts, some Carpenters Tools, 5 +Barrells of Rum, four Quarter Caskes of Madera Wine, ten Cases of +Spirits, Two old Stills full of hols, one worme, Two Grindstones, Two +Cross Sawes and one Whip saw, three Jarrs of oyle, two small Iron +Potts, three Barrells of Cannon powder, some books, Catechisms, +primers and horne books, two Bibles, and some garden Seeds, three +Dozen of howes,[7] and I returned for the said goods 1100 pieces 8/8 +and Dollers, 34 Slaves, 15 head of Cattel, 57 barrs of Iron. October +the 5th he set sail from St. Maries, after having sold parte of his +Cargo to the White men upon Madagascar, to Mauratan to take in Slaves. + +[Footnote 6: Frederick Philipse (1626-1702), the richest trader in New +York, but perhaps not the most scrupulous; see Henry C. Murphy, in his +edition of the _Journal of a Voyage to New York in 1679-80_ of Jasper +Danckaerts, pp. 362-365. The ship in which the two Labadist +missionaries, Danckaerts and Sluyter, came to America was also named +_Charles_ and owned by Philipse. It was in this year 1693 that +Governor Fletcher instituted for him the Philipse Manor. Mary +Philipse, who won the affections of young Major George Washington, was +his great-granddaughter. It was said that Baldridge's establishment in +Madagascar was sustained by Philipse's capital, to obtain for the +latter a share in the profits of piracy. _Cal. St. P. Col._, +1697-1698, p. 108.] + +[Footnote 7: Hoes.] + +5. October 19, 1693. Arrived the ship _Amity_, Captain Thomas Tew +Commander,[8] Burden 70 Tons, 8 Guns, 60 men, haveing taken a Ship in +the Red Seas that did belong to the Moors, as the men did report, they +took as much money in her as made the whole share run 1200 l. a man. +they Careened at St. Maries and had some cattel from me, but for their +victualing and Sea Store they bought from the Negros. I sold Captain +Tew and his Company some of the goods brought in the _Charles_ from +New York. the Sloop belonged most of her to Bermudas. Captain Tew set +saile from St. Maries December the 23d 1693, bound for America. + +[Footnote 8: See doc. no. 63, note 16, _ante_.] + +6. August, 1695. Arrived the _Charming Mary_ from Barbados, Captain +Richard Glover Commander,[9] Mr. John Beckford marchant and part +owner. the most of the ship belonged to Barbados, the Owners Colonel +Russel, Judge Coats, and the Nisames [?]. She was burden about 200 +Tons, 16 Guns, 80 men. she had severall sort of goods on board. I +bought the most of them. She careened at St. Maries and in October she +set saile from St. Maries for Madagascar to take in Rice and Slaves. + +[Footnote 9: See doc. no. 65.] + +7. August 1695. Arrived the ship _Katherine_ from New York, Captain +Tho. Mostyn Commander and Super Cargo,[10] Mr. Fred. Phillips Owner, +the Ship Burden about 160 Tons, noe Guns, near 20 men. She had +severall sorts of goods in her. she sold the most to the White men +upon Madagascar, where he had Careened. he set saile from St. Maries +for Mauratan on Madagascar to take in his Rice and Slaves. + +[Footnote 10: Another of those commissioned by Fletcher. Having no +guns, the vessel must have been intended for illegal trade rather than +for warfare.] + +8. December 7th 1695. Arrived the Ship _Susanna_, Captain Thomas +Weak[11] Commander, burden about 100 Tons, 10 Guns, 70 men. they +fitted out from Boston and Rhoad Island and had been in the Red seas +but made noe voyage by reason they mist the moors fleet. they Careened +at St. Maries and I sold them part of the goods bought of Mr. John +Beckford out of the _Charming Mary_ and spaired them some Cattel, but +for the most part they were supplyed by the Negros. they stayed at St. +Maries till the middle of April, where the Captain and Master and most +of his men dyed. the rest of the men that were left alive after the +Sickness Carried the Ship to St. Augustin, where they left her and +went In Captain Hore for the Red Sea. + +[Footnote 11: Or Wake.] + +9. December 11th 1695. Arrived the Sloop _Amity_, haveing no Captain, +her former Captain Thomas Tew being killed by a great Shott from a +Moors ship,[12] John Yarland master, Burden seventy Ton, 8 Guns, as +before described, and about 60 men. They stayed but five dayes at St. +Maries and set saile to seek the _Charming Mary_ and they met her at +Mauratan on Madagascar and took her, giveing Captain Glover the Sloop +to carry him and his men home and all that he had, keeping nothing but +the ship. they made a new Commander after they had taken the ship, one +Captain Bobbington. after they had taken the ship they went into St. +Augustine Bay and there fitted the ship and went into the Indies to +make a voyage and I have heard since that they were trapaned and taken +by the Moors. + +[Footnote 12: See doc. no. 63, note 16, _ante_.] + +10. December 29 1695. Arrived a Moors Ship, taken by the _Resolution_ +and given to Captain Robert Glover and 24 of his men that was not +willing to goe a privateering upon the Coasts of Indies, to carrie +them away. the Company turned Captain Glover and these 24 men out of +the Ship, Captain Glover being parte Owner and Commander of the same +and Confined prisoner by his Company upon the Coast of Guinea by +reason he would not consent to goe about the Cape of good hope into +the Red Sea. the ship was old and would hardly swim with them to St. +Maries. when they arrived there they applyed themselves to me. I +maintained them in my house with provision till June, that shiping +arrived for to carry them home. + +11. January 17th 1696/7. Arrived the Brigantine _Amity_, that was +Captain Tew's Sloop from Barbadoes and fitted into a Brigantine by the +Owners of the _Charming Mary_ at Barbados, Captain Richard Glover +Commander and Super Cargo. the Brigantine discribed when a Sloop. She +was laden with severall sorts of goods, part whereof I bought and part +sold to the White men upon Madagascar, and parte to Captain Hore and +his Company. the Brigantine taken afterwards by the _Resolution_ at +St. Maries. + +12. February the 13th 1696/7. Arrived Captain John Hor's Prize from +the Gulph of Persia and three or four dayes after arrived Captain +Hore[13] in the _John and Rebeckah_, Burden about 180 Tons, 20 Guns, +100 men in ship and prize. The Prize about 300 Ton Laden with +Callicoes. I sold some of the goods bought of Glover to Captain Hore +and his Company as likewise the white men that lived upon Madagascar +and Captain Richard Glover. + +[Footnote 13: See doc. no. 65, note 17.] + +13. June the ---- 1697. Arrived the _Resolution_, Captain Shivers +Commander, Burden near 200 Tons, 90 men, 20 Guns, formerly the ship +belonged to Captain Robert Glover but the Company took her from him +and turned him and 24 more of his men out of her by reason they were +not willing to goe a privateering into the East Indies.[14] they met +with a Mosoune[15] at sea and lost all their masts and put into +Madagascar about 10 Leagues to the Northward off St. Maries and there +masted and fitted their ship, and while they lay there they took the +Brigantine _Amity_ for her watter Casks, Sailes and Rigeing and Masts, +and turned the Hull a drift upon a Rife.[16] Captain Glover promised +to forgive them what was past if they would Let him have his ship +again and goe home to America, but they would not except he would goe +into the East Indies with them. September the 25th 97 they set saile +to the Indies. + +[Footnote 14: See doc. no. 65.] + +[Footnote 15: Monsoon.] + +[Footnote 16: Reef.] + +14. June 1697. Arrived the ship _Fortune_ from New York, Captain +Thomas Mostyn Commander, and Robert Allison Super Cargo, the Ship +Burden 150 Tons or there abouts, 8 Guns, near 20 men, haveing severall +sorts of goods aboard, and sold to Captain Hore and Company and to the +White men upon Madagascar. + +15. June ---- 1697. Arrived a Ship from New York, Captain Cornelius +Jacobs Comander and Super Cargo, Mr. Fred. Phillips owner, Burden +about 150 Ton, 2 Guns, near 20 men, haveing severall sorts of goods a +board, and sold to Captain Hore and his Company and to the White men +on Madagascar, and four Barrells of Tar to me.[17] + +[Footnote 17: When this ship came back, richly laden, Philipse sent +out a sloop to meet her, which off the New Jersey coast quietly +unloaded all of her cargo but the negroes, and sailed with it to +Hamburg. _Cal. St. P. Cal._, 1697-1698, p. 414.] + +16. July the 1st 1697. Arrived the Brigantine _Swift_ from Boston, Mr. +Andrew Knott Master[18] and John Johnson Marchant and parte owner, +Burden about 40 Tons, 2 Guns, 10 men, haveing severall goods aboard. +Some sold to Captain Hore and Company the rest put a shore at St. +Maries and left there. A small time after her arrivall I bought three +Quarters of her and careened and went out to seek a Trade and to +settle a forraign Commers and Trade in severall places on Madagascar. +About 8 or 10 dayes after I went from St. Maries the Negros killed +about 30 White men upon Madagascar and St. Maries, and took all that +they or I had, Captain Mostyn and Captain Jacobs and Captain Hor's +Ship and Company being all there at the same time and set saile from +St. Maries October 1697 for Madagascar to take in their Slaves and +Rice. having made a firm Commerse with the Negros on Madagascar, at my +return I met with Captain Mostyn at sea, 60 Leagues of St. Maries. he +acquainted me with the Negros riseing and killing the White men. he +perswaded me to return back with him and not proceed any further, for +there was noe safe goeing to St. Maries. all my men being sick, after +good consideracion we agreed to return and goe for America. + +[Footnote 18: In 1690 he had commanded a ship in Sir William Phips's +unsuccessful expedition against Quebec. For his connection with Kidd, +see _post_, doc. no. 85, note 7.] + +The above mentioned men that were killed by the Natives were most of +them privateers that had been in the Red Seas and took severall ships +there, they were cheifly the occasion of the natives Riseing, by their +abuseing of the Natives and takeing their Cattel from them, and were +most of them to the best of my knowledge men that came in severall +Ships, as Captain Rainor, Captain Coats, Captain Tew, Captain Hore, +and the _Resolution_ and Captain Stevens.[19] + +ADAM BALDRIDGE. + +Sworne before me in New York + 5th of May 1699 + A.D. PEYSTER[20] + + A true copy + BELLOMONT. + +[Footnote 19: Such is Baldridge's tale of innocence, but Kidd told +Bellomont that "Baldridge was the occasion of that Insurrection of the +Natives and the death of the pirates, for that having inveigled a +great number of the natives of St. Maries, men, women and children, on +board a ship or ships he carryed and sold them for slaves to a French +Island called Mascarine or Mascaron, which treachery of Baldridges the +Natives on the Island revenged on those pirates by cutting their +throats."] + +[Footnote 20: Abraham de Peyster, a member of the New York council and +an assistant judge of the supreme court.] + + * * * * * + +_69. Warrant for Commissioning of Admiralty Judge. April 29, 1697._[1] + +[Footnote 1: New York State Archives, Albany: Historical MSS., vol. +XLI., p. 60. The commissions of admiralty judges had originally been +issued on warrant from the Lord High Admiral. Since 1673, however, +except for two brief periods, the latter's duties have always been +performed by the "Lords Commissioners for executing the Office of Lord +High Admiral" (Admiralty Board, or Lords of the Admiralty). On April +29, 1697, the board consisted of the two distinguished admirals Sir +Edward Russell (created earl of Oxford eight days later) and Sir +George Rooke, Sir John Houblon, governor of the Bank of England, Col. +James Kendall, ex-governor of Barbados, and four others. The warrant +is not addressed to any governor by name; Bellomont was not +commissioned (as governor of New York, Massachusetts, and New +Hampshire) till June 18, 1697.] + +By the Comiss'rs for Executing the Office of Lord high Admirall of +Engl'd. Irel'd. etc. + +Whereas, in pursuance of His Ma'tis pleasure signified to Us by the +Rt. hon'ble Mr. Secretary Trumbull, Wee have appointed Mr. William +Smith to be Judge, Mr. John Tudor Register, Mr. Jarvis Marshall, +Marshall, and Mr. James Graham, Advocate of the Vice Admiralty of +New-Yorke, and Connuticutt, and East-Jersey:[2] You are therefore +hereby Empower'd and directed, to give unto them Commissions for their +said Employm'ts respectively; And in case of the death, or inabillity, +by sickness, or otherwise, of any of the said persons, You are to +appoint others in their roome: and Transmitt to Us the Names of such +persons as You do so appoint; Dated at the Admiralty Office this 29th +of April 1697. + +[Footnote 2: William Smith was already chief-justice of the supreme +court of the province, and a member of the council. Jarvis Marshall +had been messenger of the council. James Graham was speaker of the +assembly, attorney-general, and recorder of the city of New York.] + +To his Ma'tis Governour of RUSSELL. + New-Yorke and Connuticutt, G. ROOKE. + and East-Jersey/ for the time JNO. HOUBLON. + being. KENDALL. + +By Command of their Lord'ps + WM. BRIDGEMAN. + + * * * * * + +_70. Proclamation of Lieut.-Gov. Stoughton. June 4, 1698._[1] + +[Footnote 1: Mass. Archives, vol. 62, p. 253. William Stoughton, +lieutenant-governor of Massachusetts 1691-1701, acted as governor from +the departure of Governor Phips for England in 1694 to the arrival of +Governor Bellomont in the province, May 26, 1699. Bellomont in June, +1698, was in New York. In the period to which most of our documents +belong there was always an outburst of piracy after the conclusion of +a war, because multitudes of privateers found their occupation gone +when peace was proclaimed, and some of them were sure to turn to the +allied trade of piracy. The peace of Ryswyk, between France and Great +Britain, Spain, and Holland, Sept. 20, 1697, had had this effect at +the time of Stoughton's proclamation.] + +William Stoughton Esqr., Lieutenant Governour and Commander in chief +in and over his Ma'tys Province of the Massachusetts Bay in New +England + +To the Sheriff of the County of Suffolke, his Under Sheriff or Deputy +or Constables of the respective Towns within the sd County and to each +and every of them to whom these presents shall come, Greeting. + +Whereas I am informed That sundry wicked and ill disposed persons, +suspected to have committed divers inhumane and hostile Acts and +depredations upon the Subjects and Allies of other Princes and States +in Forreign parts in Amity with his Ma'ty, are lately landed and set +on shore on or about Long Island, Rhode Island and parts adjacent, +having brought with them quantitys of Forreign Coynes, silver, Gold, +Bullion, Merchandize and other Treasure, Some of which persons +(unknown by name) may probably come into this his Ma'tys Province and +transport their moneys, Merchandize and Treasure hither, + +These are therefore in his Ma'tys name strictly to command and require +you to make diligent search within your several Precincts for such +suspected persons, and to apprehend and seize every such person or +persons, his or their money, gold, bullion, Merchandize and Treasure, +and to bring the same before the next Justice of the Peace to be +examined and proceeded against as the Law directs. And you are to +require and take such a number of persons, with Armes or otherwise, +unto your Assistance as you shall think meet for the seizing and +apprehending such suspected person or persons aforesd. and carrying +him or them before the next Justice or Justices. And all his Ma'tys +subjects are required to be aiding and assisting unto you in the +Execution of this Warrant, as they will answer their refusal or +neglect at their peril. And hereof you or they may not faile. And make +return of this Warrant with your doings thereupon. Given under my hand +and seal at Armes at Boston the Fourth day of June 1698, In the tenth +year of his Ma'tys Reign. + +WM. STOUGHTON. + + + + +CASE OF WILLIAM KIDD. + + +_71. Deposition of Benjamin Franks. October 20, 1697._[1] + +[Footnote 1: Public Record Office, C.O. 323:2, no. 124 I. William +Kidd, the most famous pirate in American history, was a Scot, born in +Dundee in 1654. In 1689-1690, in command of a captured ship, he took a +creditable part in the attacks on Mariegalante and St. Martin's by +Captain Hewetson, who at Kidd's trial testified to his bravery; but a +few weeks later his men, ex-pirates apparently, ran away with his +ship. _Cal. St. P. Col._, 1689-1692, pp. 122, 226, 227; Hargrave, +_State Trials_, V. 326. In 1689 he settled in New York, where he seems +to have been well regarded; in the record of his marriage license, May +16, 1691 (_N.E. Hist. Gen. Reg._, VI. 63) he is styled "William Kidd, +Gentleman," and two days earlier the New York assembly (_Journal_, ed. +1764, I. 6, 13) voted him a gratuity of L150 for services in +connection with the arrival of Governor Sloughter. In 1695, Kidd being +then in England, Robert Livingston of New York arranged in London with +Lord Bellomont, who had been designated but not yet commissioned as a +governor in America, and with others, for a privateering voyage under +Kidd's command. Other sharetakers were Sir Edward Russell, first lord +of the admiralty, Sir John Somers, lord keeper of the great seal, the +Duke of Shrewsbury, secretary of state, and the Earl of Romney, +master-general of the ordnance; and the king himself was to receive +one-tenth of the profits of the cruise. Kidd's letter of marque, dated +Dec. 11, 1695, is in Hargrave's _State Trials_, V. 307. To it was +added, Jan. 26, 1696, _ibid._, 308, a commission to apprehend pirates. +Kidd sailed from England in April, 1696, in the _Adventure Galley_, +287 tons, 34 guns, 70 men. At New York he increased his crew to 155 +men (there is a list of them in _Cal. St. Pap. Col._, 1700, p. 199), +and sailed thence in September for Madagascar and the East Indies. +Whether it was by his fault that the _Adventure Galley_ slipped from +privateering and the search for pirates into acts of piracy, or +whether, as Kidd alleged, his men forced his hand, has been doubted, +but it is probable that he shared the guilt. In the summer of 1698 +complaints began to come in from India and from the East India +Company, and in November, 1698, orders were sent to the governors of +colonies in America to apprehend Kidd as a pirate whenever he should +appear. The ensuing papers, especially his own narrative and +Bellomont's letters, tell the story of his arrival and arrest. As +under Massachusetts law he could not be condemned to death for piracy, +he was, probably illegally, carried to England in the spring of 1700, +and there tried at the Old Bailey for the murder of one of his men and +for piracy. After an unfair trial and on insufficient evidence, he was +condemned, and was hanged at Execution Dock May 23, 1701. + +As to Benjamin Franks, we learn from a deposition of William Cuthbert +(_Journal of the House of Commons_, XIII. 26) that two of Kidd's men +deserted him at Carwar because of his attempts and designs toward +piracy and his cruel conduct toward his men; Franks, Hebrew jeweller +of New York, was apparently one of the two. Apparently he was a Danish +subject; Westergaard, _Danish West Indies_, p. 110.] + +The Deposition of Benjamin Franks aged about 47 years (who came out in +the _Adventure Gally_, a Privateer, Captain William Kid Comander) +Inhabitant of New York. + +Declareth That having lived in Barbadoes and Jamaica and traded in +severall parts of the West Indies, meeting of late with great losses +of above L12,000 sterling by the Earthquake and Enemyes and through +misfortune, came to New York and there finding Captain Kid comeing out +with a full Power to the East Indies to take the Pyrates, which he +shewed me by the means of my Friends, so resolved to go with him to +the East Indies and to remain there at Surrat or any other place where +I could best follow my profession, being a Jeweller, for he told me he +would put into some of the said Parts. Wee sailed from New York the +6th September 1696 in Company with a Brigantine belonging to Bermudas, +bound to the Maderaes. there met with a Brigantine from Barbadoes +bound for England who had lost her Mast and Boltsprit, whom Captain +Kid assisted with a Mast, Riggin and Canvas, for which kindness [the] +Master gave him a few flour Barrells with Sugar. the same Brigantine +after she had what she wanted proceeded on her Voyage. And a day or +two after wee espyed a Ship whom Wee gave chase to three days and came +up with her, found her to be a Portuguez from Brazile bound to the +Maderaes. the Captain of the Portuguez pre[sen]ted Captain Kid with a +Roll of Brazile Tobacco and some Sugar, in lieu of which Captain Kid +sent him a Cheshire Cheese and a Barrell of White Bisket, but through +mistake of the Steward the Barrell thought to be Bisket proved to be +Cutt and Dry Tobacca. So Wee proceeded to Maderaes and saw the +Brigantine in safe that came under our Convoy. wee stayed there one +day. before wee departed from thence the Portuguez ship came in. +Thence wee went to Bona Vista,[2] took in some Salt, thence to St. +Jago, tooke in Water and some Provisions; from St. Jago wee steered +our course for Cape Bona Esperanza,[3] but before wee got to the +Latitude thereof Wee met with three English Men of War and a Fireship, +Captain Warren in the _Windso[r]_ Comodore,[4] Captain Acton in the +_Advice_,[5] the _Tyger_ and Fire Ship I do not know the Commanders +names. I was on board the Commodore when he told me that Kids +Commission was firm and good and that he would not molest or hinder +his proceedings for his puting his hands to his Ears, and discoursing +of severall other things of the Voyage amongst the rest the Commodore +told Kid he had lost a great many of his men and asked him to spare +him some, who answered that he would let him have 20 or 30, and about +a day or two after Kid went on board one of the Men of War again and +in the Evening came on board his own ship very much disguised with +drink and left the Men of War without sparing them the men he +promised. Some time after had sight of the Cape, did not put in but +went directly for Madagascar and imported at a place called +Talleer,[6] where took in some Water and provisions. after our being +there some time came a Sail in sight and came to an Anchor in +Augustine Bay, upon which wee weighed Anchor and came to her, the two +Ports being but a little way distant each from other. We found her to +be a Sloop from Barbadoes come to buy Negroes, after which Wee +returned to Talleer, our former Port, and the next day the Master of +the Sloop came on board Us being very ill when he came. a few dayes +after ordered the Sloop to come down to Talleer, and the same day she +came down the Owner and Merchant[7] dyed on board of us, and he that +succeeded him could by no Means agree with the Master of the Sloop but +continually a quarrelling and fighting. Our Captain did what he could +to make up the difference between them but to no purpose. So when wee +had done getting our provisions etc. on board Wee sailed for +Johanna,[8] and the Sloop followed us, and seeing two Ships gave them +Chase, found them to be both East India Men and so went in together in +Company to Johanna and two India Men came in after. Wee took in Some +Water and went to Mohilla[9] to clean our Ship. And this Sloop still +followed Us, but our Captain told him severall times to be gone and +agree amongst themselves, but they took no notice thereof, continuing +with Us all the time of our Stay here, being about 5 weeks, where +buryed severall of our Company but the just number I know not. when +Wee had been there about 5 weeks a Pinnace came on board of Us with +some Men, the quantity I know not, for being mortall sick, the +Merchant of the Sloop dyed there too. Wee returned from this place to +Johanna and the Sloop in our Company. Wee took in some more water and +some French Men, the quantity I know not for I was carryed a shoar +sick and lay a shoar all the time wee lay at Johanna. We sailed +thence, leaving the Sloop behind Us, directly for India and touched at +a place called Motta.[10] there was 5 Junks ashoar and at an Anchor +ditto place. our Captain wanted to take in some water, sending the +Pinnace ashoar for some, which the Natives refused, upon which our +Captain next morning sent both Boats with a matter of 40 Men or +thereabouts with Armes, as I heard lying very Sick of a Feaver, Ague +and Flux, and that he had bought two Cowes and some dates, and 2 dayes +after the People run away into the Mountains, as I heard. after they +run away the People sent a shoar, found India Corn and Garravances[11] +in great holes, and brought off likewise six of the Natives, of whom +four leaped overboard in the Night and swam ashoar. the other two gave +{3} Cowes and 2 sheep for their ransom, as I heard of the Seamen, +lying very ill. from thence wee went to the Babs[12] and there +anchored to wait for the Pyrates, as the Seamen said, but meeting with +none, sending the Pinnace out 3 or 4 times, as I heard of the Seamen, +but at Carwar ashoar I heard of the Seamen that they was to go to +Mocho.[13] after the Pinnace went with the Captain, Quarter-Master +came back and gave an account there was 17 Sail, which I heard of the +Seamen as I lay very ill. our Captain ordered two men ashoar on one of +the Babs. when the Fleet came in sight the Men waved the Jack.[14] the +whole Fleet came by the Babs on a Saturday in the evening in the month +of August, but the day of the month I do not remember. our Captain +weighed and stood amongst the Fleet, as I heard of the Seamen. the +next morning at break of day one of the Fleet began to fire at Us, as +I heard of the Seamen, which alarming the rest they all did the same. +there was one Ship which the Captain said was a Mallabar, pretty near +Us, as I heard of the Seamen. then our Captain ordered the People to +row up to him, being but little Wind, then the Mallabar fired at Us +and our Captain at him severall Guns. at last our Captain perceiving +an English and Dutch Colours did all he could to get away. the Captain +designed to go to the high Land off St. Johns.[15] meeting with a +small Vessell under English Colours he chased her and comanded the +Master to come on board and plundered the Ship. I hearing a great +noise asked what it was. they told me that our Folks beat the People +aboard of the little ship and against night I heard there was a +Portuguez. so doing my endeavour to creep up to speak to the Portuguez +and asked him what was the best news, he told me that he and the +Master was forced to stay on board of our Ship, and that he did belong +to Bombay, and that our Captain had taken out some Rice, Raisons and +old Cloths and some Money. I heard of the Seamen that our Captain had +Information of three ships that had gone out of Aden bound for +Callicut being off Carwar, and being in necessity for Wood and Water +put in there, at which time I made great intercession to the Captain +for leave to go ashoar, which at last I obtained by giving him a +Beaver Hat, for he was unwilling to let any go ashoar but whom he +thought he could trust, for fear they should run away for most of his +people seemed dissatisfyed and would I believe do as I have done in +making their Escape if had opportunity, for the Carpenter and his mate +with severall others does design to run away with the Pinnace. This I +do swear by the old Testament to the best of my knowledge and what I +have heard of the Seamen that all the above written is true. + +BENJAMIN FRANKS. + +Bombay the 20th October 1697. + Sworn before me: + +[Footnote 2: One of the Cape Verde Islands; Santiago is a larger +island of the same group, farther south.] + +[Footnote 3: The Cape of Good Hope.] + +[Footnote 4: Capt. Thomas Warren, R.N.] + +[Footnote 5: Capt. Edward Acton, R.N.] + +[Footnote 6: Tullear, near St. Augustine's Bay, on the southwest coast +of Madagascar.] + +[Footnote 7: Supercargo.] + +[Footnote 8: See document no. 63, note 11.] + +[Footnote 9: Mohelli, another of the Comoro group.] + +[Footnote 10: "Matta in the Red Sea," says William Jinkins of Bow, in +his deposition in _Commons Journal_, XIII. 24.] + +[Footnote 11: Chick-peas.] + +[Footnote 12: The straits of Bab-el-Mandeb.] + +[Footnote 13: Mocha; see document no. 63, note 16a. Carwar is on the +west coast of Hindustan, some 350 miles south of Bombay.] + +[Footnote 14: See document no. 33, note 15.] + +[Footnote 15: Probably Diu, in northwest India.] + + +_72. The President and Council of the Leeward Islands to Secretary +Vernon. May 18, 1699._[1] + +[Footnote 1: Public Record Office, C.O. 152:3, no. 21. This letter +conveyed to the British government its first knowledge of the return +of Captain Kidd to the western hemisphere. The Leeward Islands--Antigua, +Montserrat, Nevis, St. Christopher, the most important being +Nevis--constituted at this time one government, though with +subordinate administration in the several islands. The governor having +died, the council, of which William Burt was president, was acting as +governor till a new governor should arrive. Burt and the other signers +of this letter were all of Nevis. James Vernon, to whom the letter is +addressed, was secretary of state; he was the father of Admiral +Vernon, for whom Mount Vernon was named.] + +_Right Honourable Sir_ + +Your Letter of the 23d of November last[2] in relacion to that +notorious Pirate Captain Kidd came safe to our hands, and shall take +particular care to put the same in execucion, and in order thereto +have sent copies thereof to the Lieutenant or Deputy Governor of each +respective Island under this Government; since which wee have had this +following account of the said Kidd (vizt.) That he lately came from +Mallagascoe in a large Gennouese vessell of about Foure hundred Tonns, +Thirty Guns mounted, and eighty men,[3] and in his way for these +partes his men mutinyed, and thirty of them lost theire Lives; That +his vessell is very Leaky; and that they are very much in want of +Provisions; And that severall of his men have deserted him soe that he +has not above five and twenty or thirty hands on board; about twenty +dayes since he touched at Anguilla, a small Island under this +Government, where he Tarryed about foure houres; but being refused +succour Sailed thence for the Island of St. Thomas (an Island +belonging to the Crowne of Denmarke)[4] and Anchored off that Harbour +three dayes, in which time he treated with them alsoe for releife; but +the Governor absolutely Denying him, he bore away farther to Leeward +(as it is beleived) for Porto Rico or Crabb Island;[5] upon which +advice wee forthwith ordered his Majesties Shipp _Queeneburrough_, now +attending this Government, Captain Rupert Billingsly Commander, to +make the best of his way after him; and in case he mett with him to +secure him with his men, vessell and effects, and bring them upp +hither, That no Imbezlement may be made, but that they may be secured +till wee have given you advice thereof, and his majesties pleasure +relateing thereto can be knowne. Wee shall by the first conveniencie +transmitt the like account of him to the Governor of Jamaica, soe that +if he goes farther to Leeward Due care may be taken to secure him +there; As for those men who have deserted him, wee have taken all +possible care to apprehend them, especially if they come within the +districts of this Government, and hope on returne of his majesties +Friggatt shall be able to give you a more ample account hereof. + +Wee are with all due Respects + +Right Honorable + +Your most obedient humble servants + + WM. BURT. +JNO. SMARGIN. MICH. SMITH. +RICHD. ABBOTT. DAN. SMITH. + +NEVIS the 18th May 1699 + +[Footnote 2: Printed in the _Commons Journal_, XIII. 16. It was the +circular letter to colonial governors ordering them to apprehend +Kidd.] + +[Footnote 3: The _Quedah Merchant_; see _post_. She is here spoken of +as Genoese, but other documents of the time speak of her as "Moorish +built."] + +[Footnote 4: And now belonging to the United States. On Kidd at St. +Thomas, see document no. 83, _post._] + +[Footnote 5: Now commonly called Vieques, a small island lying a few +miles east of Puerto Rico, and also now belonging to the United +States.] + + +_73. Examination of Edward Buckmaster. June 6, 1699._[1] + +[Footnote 1: Oxford, Bodleian Library, Rawlinson MSS., A. 272, fol. +48; also in the Public Record Office, C.O. 5:1042, no. 40 XI. Edward +Buckmaster, "one of Shelley's men", was committed June 7, and broke +prison Aug. 25. _Cal. St. P. Col._, 1699, pp. 278, 401. A year later, +though he was supposed to be still alive, a rascally chaplain of the +fort at New York married his wife to Capt. Adam Baldridge of document +no. 68, obtaining a marriage license for "Adam Ball" and adding +"-dridge" afterward. _N.Y. Col. Doc._, IV. 333, 413, 766.] + +Taken this 6 June 1699. + +The Answer of Edward Buckmaster to severall questions put to him by +the Honorable John Nanfan, Esqr., Lieutenant Governor of this +province,[2] the said Buckmaster being sworne to answer all such +Questions as should be demanded of him. + +[Footnote 2: Capt. John Nanfan, a cousin of Bellomont's wife, was +lieutenant-governor of New York under him, and administered the +province during Bellomont's absence in Massachusetts.] + +Impr[imi]s. That the first land they made after they parted from this +port in the _Adventure Galley_, Capt. William Kidd Commander, was the +Island of Maderas, from whence they went directly to Madagascar, where +they staid about A month to victual and careen. That there were no +vessels at Madagascar when they came there. That they sailed from +thence to a small Island called Johanna, lying in the Latitude of 12 +degrees south, and from thence to Mahela, Lying in the Latitude of 11 +degrees south; that they staid at the said Johanna and Mahela two +Months where the Natives supplyed them with provisions. That there +were four East India ships belonging to the Company at the Island +Johanna at the same time they were there, the one called the _East +India Merchant_ the second the _Maderasse_, the third was a fly boat, +and the fourth he knows not the name of. + +_Item._ That from thence they sailed along the shore of Magellona[3] +in the redd sea but saw no vessels till they came into the Latitude of +12 degrees north. That there they Met with several ships, some with +English, some with Dutch, and some with Moors Colours, with whom they +sailed in Company for Twenty five dayes but were not on board any of +them. That the name of the one was the _Scepter_,[4] which ship fired +a Gunn or Two At Capt. Kidds Galley. + +[Footnote 3: Somaliland, probably.] + +[Footnote 4: An English frigate. The events that follow are more fully +detailed in Kidd's narrative, document no. 76, _post_.] + +_Item._ That they tooke a ship on the coast of Mallabar that had a +french pass, and French Master on board, with two Other white men, he +believes them Dutch men, the rest all Moors; she was about 200 Tuns, +made no resistance, and that they shared out of her four Bailes of +Callicoes each Man. That afterwards the _Adventure Galley_ sunck at +Saint Maries, and Kidd and Company went on board the prize. + +_Item._ That Capt. Kidd had made no good voyage, having no money and +only 160 Bailes of Callicoes on board. + +_Item._ That he the said Buckmaster Left the said Capt. Kidd the last +day of May 1698 and went on board the ship _Resolution_, Capt. Robert +Culliford Comander,[5] as a volunteer before the Mast, and went out +Cruising with him but tooke no vessel dureing the voyage though they +Continued Cruising from May to December. the said Culliford had forty +Gunns mounted and 120 men. he had been in those parts seven yeares on +the account. + +[Footnote 5: Culliford was a noted pirate, who for a time commanded +the _Mocha_ frigate, which had been stolen from the East India +Company; and this _Resolution_ was the _Mocha_ renamed, not the +_Resolution_ of document no. 68, par. 13.] + +_Item._ That he quitted the said Culliford the Middle of December last +and went on board the ship _Nasaw_, Giles Shelley Master,[6] that went +from New yorke to Madagascar to trade there (the said Buckmaster being +willing to come home to his family, the said Shelley being bound back +to New Yorke), that he gave the said Shelley 100 pieces of Eight for +his passage, which was the Comon rate and which sume he believes Fifty +more passengers that came from on board pyrate ships at Madagascar and +Saint Maries gave to the said Shelley, the said Shelley as he +believes well knowing what ships they had been in and what designe +they came from. + +[Footnote 6: Shelley, fitted out from New York in 1698 by Stephen +Delancey and others, was suspected of piracy. In a letter of May 27, +1699, to Delancey, from Cape May, he speaks of bringing in 15,000 +dollars of passage money. _Cal. St. P. Col._, 1699, p. 281. He had +lived in New York since 1688. See also doc. no. 85, note 17.] + +_Item._ That the said Shelley sailed from the Island Saint Maries in +the East Indies to Chyan[7] where he stayd three or four dayes. + +[Footnote 7: Cayenne, probably.] + +_Item._ That five or six of the persons that belonged to Capt. +Culliford in the East Indies went on board Capt. Gravenreadt[8] out of +Shelleys ship, when she came on this coast at Cape May, which Cape +they made on Friday sevennight last.[9] Gravenreadts vessel lay about +two miles from Shelleys ship, but the said Gravenreadts came on board +shelleys ship, and believes made an agreemt. with the several men he +took on board with him for their passages to [_blank_]: Vizt. Robert +English, Jan Spons, Theophilus [_blank_][10] and two or three Others. +That John Elderige, ---- Stanton, and Doctor ---- Badwain[11] went on +shore at Cape May: they also came from on board Culliford. + +[Footnote 8: Andreas Gravenraedt of New York. On this very day, June +6, Governor Blakiston of Maryland was seizing him and his ship in the +Severn River. _Cal. St. P. Col._, 1699, p. 287.] + +[Footnote 9: May 26.] + +[Footnote 10: Turner. He turned king's evidence. See the next +document.] + +[Footnote 11: Kidd's physician was Robert Bradinham; he also turned +king's evidence.] + +_Item._ That they came to Sandy Hook on Fryday last in the Evening, +that the said Edward Buckmaster, Paul Swan, Jonathan Evans and Otto +van Toyle went on shore at the west end of long Island on Saturday +last at seven of the Clock in the Evening, they also belonged to +Culliford; that he was at New Utrecht yesterday and came to New Yorke +last night. That he has been often in the hold of Shelleys ship +dureing the voyage but saw nothing but water Casks, and that he never +saw but four Gunns on the Deck since he was on board. + +That one Capt. Shivers[12] came to saint Marys with a ship called the +_soldado_ of 40 Gunns while Shelley was there, which ship is run +ashore. + +[Footnote 12: See document no. 68, par. 13.] + +That he did not see the _Quedaw Merchant_ nor Capt. Wright. + +That he was at Callicut and Carresaw[13] in Kidds ship. + +[Footnote 13: Carwar?] + +A True Copy. + BELLOMONT. + + +_74. Deposition of Theophilus Turner. June 8, 1699._[1] + +[Footnote 1: Public Record Office, C.O. 5:714, no. 70 VI. Original; a +copy (no. 70 II.) is marked as sworn to before Colonel Blakiston, +governor of Maryland, on June 8, 1699.] + +Maryland scilicet + +Came Theophilus Turner, Borne at Heckfield near Hartley roade in +Hampshire, Aged about thirty years, and being sworne upon the Holy +Evangelists to declare the truth of what he knows concerning any Acts +of Pyracy comitted by him or any others, saith: + +That he sayled out of London about three years agoe in the Ship +_Hanniball_, Captain William Hill Commander, which ship was a Merchant +ship mounted with thirty two Gunns and Navigated with seventy Men, and +went upon the Coast of Guinea, where the Captain put his Men to very +short allowance so that severall of them, vizt. Henry Webber, 3d Mate, +who afterwards Comanded the said ship, and severall others, took the +ship from him and went to Brasile, where the Deponent and some others +left the ship. After that the Deponent had lived at Brasile about one +yeare, a French Vessell which had lost her top mast arrived there +under the Comand of Mounsieur de Ley, on Board of which Vessell the +deponent embarqued himselfe for the Coast of India, the said De Ley +being bound to Bengall, in the Voyage whereto they touched at the +Island of Johannah, an Island [whose] inhabitants are Arabians, which +was in the Month of May or June 1698: and riding there at Anchor with +the said ship, came a ship of fourty Gunns called the _Resolution_ by +the Men on Board, But understood her right name was the _Moco_,[2] +from Madagaskar, Navigated with about 130 or 140 Men under the Comand +of Captain Robert Culliford. De Ley weighed one Anchor and cut the +other Cable, but Culliford chasing him took him and brought the +deponent on Board them, being the only Englishman on board De Ley, and +examined him concerning Deleys Loading, with many threats. after they +plundered the ship and found there 2000 l. in money, besides Wine and +Cloath, which they took, and because the Deponent was an Englishman +they would not let him go on board De Ley again but kept him. After +which the said Culliford sayled with the said ship upon the Coast of +India: and about the middle of August came up with a Pyrate, who came +out of America some where near Rhroad Island under the Comand of +Richard Chivers, had 80 or 90 men and twelve Gunns, who kept Company +and Consorted with Culliford. And about the End of September last they +met off of Suratt with a turkey ship belonging to Suratt, which +Chivers crew boarded: and the Quartermaster and some of Cullifords +crew went on Board: she was laden with Pieces 8, Gold and Dollers, was +reputed to the vallue of one Hundred and twenty or thirty thousand +pounds. there were some shots made and several turks were killed and +wounded and two or three of Chivers Company: they put the men on +shoare on the Coast of India, sunck their own ship and took the turkey +ship and then shared the money, about 700 or 800 l. a man in each +ship, and gave the Deponent who pumped for them on occasion and was +ready at call 250 l., not deeming him as one of them but in the nature +of a prisoner, and told him if that he would go out with them their +next Voyage, he should be all one as the rest. thence the said +Culliford and Chivers sayled to Madagascoe, Port St. Marys, a large +Island about three or four Hundred Leagues in Length inhabited by a +numerous people being Negroes. + +THEO. TURNER. + +Juratus coram me, + +N. BLAKISTON. + +[Footnote 2: The _Mocha_ had been a frigate belonging to the East +India Company. Piratical members of the crew, especially James Gillam, +had murdered the captain and had seized the ship.] + + +_75. Memorial of Duncan Campbell. June 19, 1699._[1] + +[Footnote 1: Public Record Office, C.O. 5:860, no. 64 IV.; a copy +certified by Bellomont, and endorsed, "Copy of a Memorial of Mr. +Campbell who had been sent by the Earl of Bellomont to Captain Kidd, +about what Kidd had said to him.... Referred to in the Earl of +Bellomont's Letter of the 26th July 1699. Received [_i.e._, by the +Board of Trade] September 26th, Read 26th, 1699." This memorial is +printed, with slight inaccuracies, in the _Commons Journal_, XIII. +21-22, and thence reprinted in Sir Cornelius N. Dalton's _The Real +Captain Kidd_, pp. 315-321 (a book of slight value as a vindication of +Kidd, but reprinting useful documents); but the _Commons Journal_ is +in few American libraries, and the document is essential to the story +of Kidd, and therefore is printed here. Duncan Campbell, a Scot like +Kidd, had been a bookseller in Boston, and was now postmaster there. +John Dunton describes him (1686) as "a brisk young Fellow, that +dresses All-a-mode, and sets himself off to the best Advantage; and +yet thrives apace. I am told (and for his sake I wish it may be true) +that a Young Lady of a Great Fortune has married him." _Letters from +New England_, p. 80.] + +BOSTON, June the 19th, 1699. + +The Memorial of Duncan Campbell, of Boston, humbly presented to his +Excellency the Earle of Bellomont. + +I, the said Duncan Campbell, being at Rhode-Island on Saturday the +17th of June currant, that morning I went in a Sloop from said Island, +in Company with Mr. James Emott of New-Yorke,[2] and two other men +belonging to said Sloop, towards Block-Island, and, about three +leagues from that Island, I mett a Sloop commanded by Captain Kidd, +and haveing on board about Sixteen men besides; after hailing of which +Sloop and being informed that the said Kidd was Commander thereof, he +said Kidd desired me to come on board the same; which I accordingly +did, and after some discourse passed, said Kidd desired me to do him +the favour as to make what Speed I could for Boston and acquaint your +Excellency that the said Kidd had brought a Ship, about five or six +hundred Tuns, from Madagascar, which, some considerable time since, he +met with in [_blank_] and commanded her there to bring to; and that +thereupon the Pilott, being a French man, came on board the said Kidds +Ship, and told him, said Kidd, he was welcome, and that the said Ship +(to which said Pilott belonged) was a lawfull Prize to him the said +Kidd, she sailing under a French Pass: Whereupon he, the said Kidd, +and Company, took the said Ship, and afterwards, understanding that +the same belonged to the Moors, he, said Kidd, would have delivered +her up again, but his men violently fell upon him, and thrust him into +his Cabbin, saying the said Ship was a fair Prize, and then carryed +her into Madigascar and rifled her of what they pleased, but before +they got into Madigascar, the Gally under Command of him, said Kidd, +became so leaky that she would scarce keep above water, whereupon the +Company belonging thereto, haveing taken out of her her Guns and some +other Things and put them on board the Prize, sett the said Gally on +fire. The said Captain Kidd further told me that, when he and his +Company were arrived at Madagascar, several of his Company moved him +to go and take a Ship called the _Moco_ Frigat, that lay ready fitted +at a place not far distant from them, in the possession of certain +Privateers, and to go in the same for the red-Sea. But that he the +said Kidd said that if they would join with him he would attempt the +taking of the said Ship, (supposeing her a lawful Prize, being +formerly belonging to the King of England), but would not afterwards +go with them on the said design to the red-Sea. Whereupon ninety of +his the said Kidd's men deserted him, went and tooke the said Ship, +and sailed with the same on the aforesaid design, as he, said Kidd, +was informed; obliging one Captain Culliver, the then Commander of +her, to go along with them. + +[Footnote 2: An attorney in New York, and vestryman of Trinity +Church.] + +And the said Kidd further told me That, his men having left him and +his design frustrated, he thought it his best way to preserve the said +Ship then in his possession, and the goods on board her, for his +Imployers or the proper Owners thereof: And accordingly, with the few +men he had then left, which would not joine with the other Ninety in +their aforesaid design (being about Twenty in Number) and with a few +other men that he procured at Madagascar to assist him in navigating +said Ship, he intended to have brought the same to Boston, according +to his Orders; but touching in his way at the Island of St. Thomas's +and other places in the West-Indies, he there heard that great +Complaints were preferred against him, and he proclaimed a Pirate, +which occasioned him to saile to a place called Mona, near +Hispaniola;[3] from whence he sent to Curaso,[4] and bought there the +Sloop on which he is now on board, and tooke into her out of the said +ship to the Value of about eight or ten thousand pounds in goods, +gold, and Plate, for which Gold and Plate he traded at Madagascar, and +was produced by the sale of sundry goods and Stores that he tooke out +of the _Adventure Gally_, formerly commanded by him, and hath left the +Ship taken by his Company, and carryed to Madagascar as aforesaid, at +or near Mona abovesaid, in the Custody of about six men of his owne +Company and Eighteen others that he got from Curaso (the Merchant of +whom he bought the said Sloop being intrusted therewith), unto which +he hath promised to returne again in three months, the said Kidd +resolveing to come into Boston or New-Yorke to deliver up unto your +Excellency what goods and Treasure he hath on board, and to pray your +Excellency's assistance to enable him to bring the said Ship, left by +him at Mona aforesaid, from thence, the said Ship being disabled from +comeing, for want of furniture.[5] + +[Footnote 3: Mona is a small island lying in the passage between Santo +Domingo and Puerto Rico.] + +[Footnote 4: Curacao, Dutch West Indies.] + +[Footnote 5: Masts, spars, sails, and rigging.] + +But the said Captain Kidd further informed me, That by reason of what +his Men had heard in the West-Indies, as aforesaid, of their being +proclaimed Pirates, they would not consent to his coming into any Port +without some Assurance from your Excellency That they should not be +imprisoned or molested. And the said Captain Kidd did several times +protest solemnly that he had not done anything since his going out in +the said Gally contrary to his Commission and Orders, more than what +he was necessitated unto by being overpowered by his Men, that +deserted him, as aforesaid, who evil intreated him several times for +his not consenting to, or joineing with them in, their actions. And +all the men on board the Sloop now with him did in like manner +solemnly protest their innocence, and declared that they had used +their utmost endeavours in preserving the aforesaid Ship and goods for +the Owners or Imployers. Said Kidd also said, that if your Lordship +should see Cause so to direct, he would carry the said Ship for +England, there to render an Account of his Proceedings. + +Which beforegoing contains the particulars of what Captain Kidd and +his Men related to + +Your Lordship's most humble Servant, + +DUNCAN CAMPBELL. + + +_76. Narrative of William Kidd. July 7, 1699._[1] + +[Footnote 1: Public Record Office, C.O. 5:860, no. 64 XXV. Printed in +_Commons Journal_, XIII. 31-32, and by Dalton, but the same remark +applies to this document (and to documents nos. 77, 79, and 82) as to +no. 75; they are essential to an understanding of the story. A +"protest" by Kidd, July 7, of similar purport, has just been published +in _Portland MSS._, IX. 403.] + +A Narrative of the Voyage of Captain William Kidd, Commander of the +_Adventure Gally_, from London to the East Indies. + +That the Journal of the said Captain Kidd being violently taken from +him in the Port of St. Marie's in Madagascar, and his life many times +being threatned to be taken away from him by 97 of his men that +deserted him there, he cannot give that exact Account he otherwise +could have done, but as far as his memory will serve is as followeth; +viz. + +That the said _Adventure Gally_ was launched in Castle's Yard at +Deptford[2] about the 4th day of December 1695, and about the latter +end of February the said Gally came to the buoy in the Nore, and about +the first Day of March following, his men were pressed from him for +the Fleet, which caused him to stay there 19 Days,[3] and then sailed +for the Downs, and arrived there about the 8th or 10th Day of April +1696; and sailed thence for Plymouth, and on the 23d Day of the said +month of April he sailed from Plymouth on his intended Voyage, and +some time in the month of May met with a small French Vessel with Salt +and Fishing Tackle on board, bound for Newfoundland, which he took and +made Prize of and carried the same into New-York, about the 4th day of +July, where she was condemned as lawful Prize, the produce whereof +purchased Provisions for the said Gally for her further intended +Voyage. + +[Footnote 2: Three miles down the Thames from London Bridge. The Nore +was a sandbank at the mouth of the river; the Downs is the roadstead +off Deal.] + +[Footnote 3: "At the Buoy in the Nore Captain Steward, commander of +the _Duchess_, took away all my ship's crew; but Admiral Russell [one +of Kidd's owners], upon my application to him at Sittingbourne, caused +my men to be restored to me." Kidd's protest; Hist. MSS. Comm., +_Manuscripts of the Duke of Portland_, VIII. 80. England and France +were at war from 1689 to the peace of Ryswyk, Sept. 20, 1697 (War of +the Grand Alliance, King William's War). In such times the royal navy +always relied, for its supply of men, upon impressment, especially of +merchant seamen. See J.R. Hutchinson, _The Press-Gang Afloat and +Ashore_ (London, 1913).] + +That, about the 6th day of September 1696 the said Captain Kidd sailed +for the Maderas in Company with one Joyner, Master of a Briganteen +belonging to Bermudas, and arrived there about the 8th day of October +following; and thence to Bonavista,[4] where they arrived about the +19th of said month, and took in some Salt and stayed three or four +days, and sailed thence to St. Jago,[4] and arrived there the 24th of +the said month, where he took in some Water and staied about 8 or 9 +Days, and thence sailed for the Cape of Good Hope, and in the Latitude +of 32, on the 12th day of December 1696 met with four English Men of +War, whereof Captain Warren was Commodore, and sailed a week in their +Company, and then parted and sailed to Telere, a Port in the Island of +Madagascar, and being there about the 29th day of January, came in a +Sloop belonging to Barbadoes, loaded with Rhum, Sugar, Powder and +Shot, one ---- French Master, and Mr. Hatton and Mr. John Batt +Merchants, and the said Hatton came on board the said Gally and was +suddenly taken ill there and dyed in the Cabin: and about the latter +end of February sayled for the Island of Johanna, the said Sloop +keeping Company, and arrived there about the 18th day of March, where +he found Four East India Merchantmen, outward bound, and watered there +all together, and stayd about four days, And from thence about the 22d +of March sayled for Mehila, an Island Ten Leagues distant from +Johanna, where he arrived the next morning, and there careened the +said Gally, and about fifty men died there in a weekes time. + +[Footnote 4: See doc. no. 71, note 2.] + +That on the 25th day of April 1697 set saile for the Coast of India, +and came upon the Coast of Mallabar in the beginning of the month of +September, and went into Carrwarr upon that Coast about the middle of +the same month and watered there, and the Gentlemen of the English +Factory gave the Narrator an Account that the Portugese were fitting +out two men of War to take him, and advised him to set out to Sea, and +to take care of himselfe from them, and immediately he set sail +thereupon ... about the 22d of the said month of September, and the +next morning about break of day saw the said two Men of War standing +for the said Gally, and spoke with him, and asked him Whence he was, +who replyed, from London, and they returned answer, from Goa, and so +parted, wishing each other a good Voyage, and making still along the +Coast, the Commodore of the said Men of War kept dogging the said +Gally all Night, waiting an Opportunity to board the same, and in the +morning, without speaking a word, fired 6 great Guns at the Gally, +some whereof went through her, and wounded four of his Men, and +thereupon he fired upon him again, and the Fight continued all day, +and the Narrator had eleven men wounded: The other Portuguese Men of +War lay some distance off, and could not come up with the Gally, being +calm, else would have likewise assaulted the same. The said Fight was +sharp, and the said Portuguese left the said Gally with such +Satisfaction that the Narrator believes no Portuguese will ever attack +the Kings Colours again, in that part of the World especially, and +afterwards continued upon the said Coast, cruising upon the Cape of +Cameroone[5] for Pyrates that frequent that Coast, till the beginning +of the month of November 1697 when he met with Captain How in the +_Loyal Captaine_, an English Ship belonging to Maddarass,[6] bound to +Surat, whom he examined and, finding his Pass good, designed freely to +let her pass about her affairs; but having two Dutchmen on board, they +told the Narrator's men that they had divers Greeks and Armenians on +board, who had divers precious Stones and other rich Goods on board, +which caused his men to be very mutinous, and got up their Armes, and +swore they would take the Ship, and two-thirds of his Men voted for +the same. The narrator told them The small Armes belonged to the +Gally, and that he was not come to take any Englishmen or lawful +Traders, and that if they attempted any such thing they should never +come on board the Gally again, nor have the Boat, or Small-Armes, for +he had no Commission to take any but the King's Enemies, and Pirates, +and that he would attack them with the Gally and drive them into +Bombay; the other being a Merchantman and having no Guns, might easily +have done it with a few hands, and with all the arguments and menaces +he could use could scarce restraine them from their unlawful Designe, +but at last prevailed, and with much ado got him cleare, and let him +go about his business. All which Captain How will attest, if living. + +[Footnote 5: Cape Comorin, the southern point of Hindustan.] + +[Footnote 6: _I.e._, Madras.] + +And that about the 18th or 19th day of the said month of November met +with a Moors Ship of about 200 Tuns,[7] coming from Suratt, bound to +the Coast of Mallabar, loaded with two horses, Sugar and Cotton, to +trade there, having about 40 Moors on board, with a Dutch Pylot, +Boatswain and Gunner, which said Ship the Narrator hailed, and +commanded on board, and with him came 8 or 9 Moors and the said three +Dutchmen, who declared it was a Moors Ship, and demanding their Pass +from Suratt, which they shewed, and the same was a French Pass, which +he believes was shewed by a Mistake, for the Pylot swore Sacrament[8] +she was a Prize, and staid on board the Gally and would not return +again on board the Moors Ship, but went in the Gally to the Port of +St. Maries. + +[Footnote 7: The _Rouparelle_; her French pass (from the director of +Surat for the French East India Company) showing a Mohammedan captain, +Dutch pilot, and Dutch boatswain, is in _Commons Journal_, XIII. 21. +It was one of the two passes whose absence at Kidd's trial was fatal +to his case.] + +[Footnote 8: "The Dutch-man seeing that, swore his countries oath, +'sacremente'." Bradford, _History of Plymouth Plantation_ (ed. 1908), +p. 35.] + +And that about the First Day of February following, upon the same +Coast, under French Colours with a Designe to decoy, met with a +Bengall Merchantman belonging to Surrat of the burthen of 4 or 500 +Tuns, 10 guns, and he commanded the Master on board, and a Frenchman, +Inhabitant of Suratt and belonging to the French Factory there, and +Gunner of said Ship, came on board as Master, and when he came on +board the Narrator caused the English Colours to be hoisted, and the +said Master was surprized and said, You are all English; and asking, +Which was the Captain, whom when he saw, said, Here is a good Prize, +and delivered him the French Pass.[9] And that with the said two +Prizes sailed for the Port of St. Maries, in Madagascar; and sailing +thither the said Gally was so leaky that they feared she would have +sunk every hour, and it required eight men, every two Glasses[10] to +keep her free, and was forced to woold[11] her round with Cables to +keep her together, and with much ado carried her into the said Port of +St. Maries, where they arrived about the First Day of April 1698, and +about the 6th day of May the lesser Prize was haled into the Careening +Island or Key, the other not being arrived, and ransacked and sunk by +the mutinous men, who threatened the Narrator and the men that would +not join with them, to burn and sink the other, that they might not go +home and tell the news. + +[Footnote 9: The French pass of this ship, the _Cara Merchant_ or +_Quedah Merchant_ (Kedah, in the Malay Peninsula) is in the _Commons +Journal_, XIII. 21, signed by Francois Martin, the founder of +Pondicherry and of the French empire in India. It is dated Jan. 14, +1698, at Hugli (Chandernagore). It names Armenians as commanders and +owner, though the evidence given at Kidd's trials in London (Hargrave, +_State Trials_, V. 287-338) constantly states an Englishman named +Wright to have been commander. It should be remembered, in respect to +these two captures, of vessels ostensibly French, in November, 1697, +and February, 1698, that though the peace of Ryswyk was signed Sept. +20, 1697, the news of its signing did not reach the Indian Ocean till +April, 1698; and by its terms (art. X.) captures made "beyond the +Line" (Equator) within six months from the signing of the treaty were +not illegal.] + +[Footnote 10: _I.e._, an hour by the sand-glass.] + +[Footnote 11: Wind.] + +And that when he arrived in the said Port there was a Pyrate Ship, +called the _Moca_ Frigat,[12] at an Anchor, Robert Culliford Commander +thereof, who with his men left the same at his coming in, and ran into +the Woods, And the Narrator proposed to his Men to take the same, +having sufficient power and authority so to do,[13] but the mutinous +Crew told him, if he offered the same, they would rather fire two Guns +into him than one into the other, and thereupon 97 deserted, and went +into the _Moca_ Frigat, and sent into the Woods for the said Pyrates +and brought the said Culliford and his men on board again; and all the +time she staid in the said Port, which was for the Space of 4 or 5 +Dayes, the said Deserters, sometimes in great numbers, came on board +the said Gally and _Adventure Prize_,[14] and carried away great guns, +Powder, Shot, small Armes, Sailes, Anchors, Cables, Chirurgeons Chest, +and what else they pleased, and threatned several times to murder the +Narrator (as he was informed, and advised to take care of himselfe) +which they designed in the Night to effect but was prevented by his +locking himself in his Cabin at night, and securing himselfe with +barrocading the same with bales of Goods, and having about 40 small +Armes, besides Pistols, ready charged, kept them out. Their wickedness +was so great, after they had plundered and ransacked sufficiently, +went four miles off to one Edward Welche's house,[15] where his the +Narrator's Chest was lodged, and broke it open, and took out 10 Ounces +of Gold, forty Pounds of Plate, 370 pieces of Eight, the Narrator's +Journal, and a great many papers that belonged to him and the People +of New-York that fitted them out. + +[Footnote 12: See doc. no. 74, note 2.] + +[Footnote 13: One of the witnesses at Kidd's trial, a member of his +crew, gives a very different account of the latter's attitude toward +Culliford. It may be quoted, as a specimen of Kidd's unstudied +conversational style. "On the Quarter-deck they made a Tub of Bomboo, +as they call it, (it is made of Water, and Limes, and Sugar) and there +they drank to one another; and, says Capt. Kidd, Before I would do you +any Damage, I had rather my Soul should broil in Hell-fire; and wished +Damnation to himself several times, if he did. And he took the Cup, +and wished that might be his last, if he did not do them all the Good +he could." _State Trials_ (Hargrave), V. 306, 335.] + +[Footnote 14: _I.e._, the _Quedah Merchant_.] + +[Footnote 15: Edward Welch was a New Englander, who had come out to +Madagascar as a boy, and had a house fortified with six guns near St. +Mary's, where he ruled over a company of negroes. _Cal. S.P. Col._, +1699, p. 289.] + +That about the 15th of June, the _Moca_ Frigat went away, being manned +with about 130 Men and forty Guns, bound out to take all Nations. Then +it was that the Narrator was left only with 13 Men, so that the Moors +he had to pump and keep the _Adventure Gally_ above Water being +carried away, she sunk in the harbour, and the Narrator with the said +thirteen men went on board of the _Adventure-Prize_, where he was +forced to stay five months for a fair Wind. In the meantime some +Passengers presented, that were bound for these Parts, which he tooke +on board to help to bring the said _Adventure-Prize_ home. + +That about the beginning of April 1699 the Narrator arrived at +Anguilla in the West-Indies and sent his Boat on Shore, where his men +had the News That he and his People were proclaimed Pirates, which put +them into such a Consternation that they sought all Opportunitys to +run the Ship on shore upon some reef or Shoal, fearing the Narrator +should carry them into some English Port. + +From Anguilla they came to St. Thomas, where his Brother-in-law Samuel +Bradley[16] was put on shore, being sick, and five more went away and +deserted him, where he heard the same News, that the Narrator and his +Company were proclaimed Pirates, which incensed the People more and +more. From St. Thomas set saile for Moona, an Island between +Hispaniola and Porto Rico, where they met with a Sloop called the _St. +Anthony_, bound for Montego[17] from Curaso, Mr. William Bolton[18] +Merchant and Samuel Wood Master. The men on board then swore they +would bring the Ship no further. The Narrator then sent the said Sloop +_St. Anthony_ for Curaso for Canvas to make Sails for the Prize, she +being not able to proceed, and she returned in 10 Dayes, and after the +Canvas came he could not persuade the men to carry her for +New-England, but Six of them went and carried their Chests and things +on board of two Dutch Sloops, bound for Curaso, and would not so much +as heele the Vessel or do any-thing; the remainder of the men not +being able to bring the _Adventure-Prize_ to Boston, the Narrator +secured her in a good safe Harbour in some Part of Hispaniola, and +left her in the Possession of Mr. Henry Boulton of Antego, Merchant, +the Master, three of the old men, and 15 or 16 of the men that +belonged to the said Sloop _St. Anthony_ and a Briganteen belonging to +one Burt of Curaso. + +[Footnote 16: Kidd's wife's brother; see doc. no. 78, note 1, and +_N.Y. Col. Docs._, IV. 128, 144, 179. General McCrady, _History of +South Carolina_, I. 262-263, mentions two affidavits in an old +manuscript book in Charleston, by two sailors of the _Adventure's_ +company, who declare that Bradley took no part with the piratical +crew, but constantly protested against their course, and therefore was +put ashore sick on a rock near Antigua.] + +[Footnote 17: The manuscript (a copy) says Montego, which is in +Jamaica, but the name should be Antigua. The _Antonio_ belonged partly +to Abraham Redwood of Antigua, afterward of Newport.] + +[Footnote 18: Henry Bolton; see doc. no. 86. Samuel Wood's examination +is in _Commons Journal_, XIII. 26.] + +That the Narrator bought the said Sloop _St. Anthony_ of Mr. Bolton, +for the Owners accompt, and after he had given Directions to the said +Bolton to be careful of the Ship and Ladeing and persuaded him to stay +three months till he returned, and then made the best of his way to +New-York, where he heard the Earl of Bellomont was, who was +principally concerned in the _Adventure Gally_, and hearing his +Lordship was at Boston, came thither and has now been 45 Dayes from +the said Ship. + +WM. KIDD. + +Boston, 7th July 1699. + +Further the Narrator saith, That the said Ship was left at St. +Katharina on the Southeast part of Hispaniola, about three Leagues to +Leward of the Westerly end of Savano.[19] Whilst he lay at Hispaniola +he traded with Mr. Henry Bolton of Antigua, and Mr. William Burt of +Curracao,[20] Merchants, to the value of Eleven thousand two hundred +Pieces of Eight, whereof he received the Sloop _Antonio_ at 3000 +Pieces of 8/8, and four thousand two hundred Pieces of 8/8 by Bills of +Exchange, drawn by Bolton and Burt upon Messieurs Gabril and +Lemont,[21] Merchants in Curracao, made payable to Mr. Burt, who went +himself to Curracao, and the Value of four thousand Pieces of 8/8 more +in Dust and barr-gold, which Gold, with some more traded for at +Madagascar, being Fifty Pound Weight or upwards in Quantity, the +Narrator left in Custody of Mr. ---- Gardner of Gardner's-Island,[22] +near the Eastern end of Long-Island, fearing to bring it about by +Sea. It is made up in a bagg put into a little box, lockt and nailed, +corded about, and sealed. Saith, He took no receipt for it of Mr. +Gardner. + +[Footnote 19: Savona, or Saona, a small island off the +southeasternmost part of Santo Domingo. Santa Catalina is a still +smaller island, a little farther to the west.] + +[Footnote 20: Burt or Burke, an Irish trader, was of Dutch Curacao to +Kidd, of French St. Kitts to Governor Codrington, but a British +subject to the Danish governor of St. Thomas. See doc. no. 83.] + +[Footnote 21: Walter Gribble (see doc. no. 86, note 7) and William +Lamont.] + +[Footnote 22: See doc. no. 79.] + +The Gold that was seized at Mr. Campbel's the Narrator traded for at +Madagascar, with what came out of the Gally. + +Saith, That he carried in the _Adventure Gally_ from New-York, 154 +Men; Seventy whereof came out of England with him. Some of his Sloop's +Company put two Bailes of Goods on shore at Gardner's-Island, being +their own proper. The Narrator delivered a Chest of Goods, _viz._ +Muslins, Latches, Romals[23] and flowered Silke, unto Mr. Gardner of +Gardner's-Island aforesaid, to be kept there for the Narrator. put no +Goods on shore any-where else. Several of his Company landed their +Chests and other Goods at several places. + +[Footnote 23: Handkerchiefs.] + +Further saith, He delivered a small Bayle of course Callicoes unto a +Sloop-Man of Rhode-Island that he had emploied there. The Gold seized +at Mr. Campbell's the Narrator intended for Presents to some that he +expected to do him Kindness. Some of his Company put their Chests and +Bailes on board a New Yorke Sloop lying at Gardner's-Island. + +WM. KIDD. + +Presented and taken, die praedict.[24] before his + Excellency and Council. + +ISA. ADDINGTON, Secretary. + +[Footnote 24: _Die praedicta_, on the day aforesaid.] + + +_77. Lord Bellomont to the Board of Trade. July 8, 1699._[1] + +[Footnote 1: Public Record Office, C.O. 5:860, no. 62; _Commons +Journal_, XIII, 18-19. Endorsed as received and read Aug. 31. Richard +Coote (1636-1701), earl of Bellomont in the peerage of Ireland, was +designated as governor of Massachusetts in June, 1695, and as governor +of New York in July, three months before his agreement with Livingston +and Kidd, but was not commissioned till June 18, 1697. He arrived in +New York Apr. 2, 1698, and first came to Boston May 26, 1699. The part +he had taken in sending out Kidd to capture pirates made Kidd's piracy +a matter of special indignation and embarrassment to him, particularly +when the affair was used in Parliament, in the session of 1700, as a +means of attack on the Lord Chancellor Somers (see doc. no. 71, note +1). The agreement with Kidd was an unwise arrangement, but there is no +doubt that Bellomont was an honest and zealous official.] + +BOSTON, 8th July, 99. + +_My Lords_, + +I have the Misfortune to be ill of the Gout at a time when I have a +great deal of business to exercise both my head and my hand. + +It will not be unwellcome News to your Lordships to tell you that I +secured Captain Kidd last Thursday in the Gaol of this Town with five +or six of his men. He had been hovering on the Coast towards New-York +for more than a fortnight, and sent to one Mr. Emot to come from +New-York to him at a place called Oyster-Bay in Nassau Island[2] not +far from New-York. He brought Emot from thence to Rhoad Island and +there landed him, sending him hither to me with an Offer of his +comeing into this port provided I would pardon him. I was a litle +pussiled how to manage a treaty of that kind with Emot, a cunning +Jacobite, a fast Friend of Fletcher's and my avowed enimie. When he +proposed my pardoning Kid, I told him It was true the King had allowed +me a power to pardon Pyrates; But that I was so tender of useing it +(because I would bring no Staine on my Reputation), that I had set +myselfe a Rule never to pardon Pyracy without the King's expresse +leave and Command. Emot told me that Kid had left the great Moorish +Ship he took in India (which Ship I have since found went by the Name +of the _Quidah-Marchant_), in a Creek on the Coast of Hispaniola, with +Goods to the Value of thirty Thousand pounds: That he had bought a +Sloop, in which he was come before to make his termes: that he had +brought in the Sloop with him severall Bailes of East India goods, +threescore pound weight of gold in Dust and in Ingotts, about a +hundred weight of Silver and several other things which he beleived +would sell for about Ten Thousand pounds. Emot also told me that Kid +was very innocent and would make it appear that his men forced him, +locking him up in the Cabin of the _Adventure Galley_ while they +robbed two or three Ships, and he could prove this by many witnesses. +I answered Emot that if Kid could make that appear he might safely +come into this Port and I would undertake to get him the King's +Pardon. I writ a Letter to Captain Kid inviteing him to come in,[3] +and that I would procure a pardon for him, provided he were as +innocent as Mr. Emot said he was. I sent my letter to him by one Mr. +Campbell of this Town, and a Scotch as well as Kid, and his +Acquaintance: within three or four days Campbell returned to me with a +Letter from Kid, full of protestations of his Innocence, and informing +me of his Design of coming with his Sloop into this Port. I must not +forget to tell your Lordships that Campbell brought three or four +small Jewells to my Wife, which I was to know nothing of; but she came +quickly and discovered them to me and asked me whither she should keep +them, which I advised her to do for the present. For I reflected that +my shewing an over-nicety might do hurt, before I had made a full +discovery what goods and treasure were in the Sloop. All this whole +matter, even to my writing my Letter to Kid, was transacted with the +privity and advice of the Councill. + +[Footnote 2: Long Island.] + +[Footnote 3: The letter, June 19, and Kidd's reply, June 24, are in +_Commons Journal_, XIII. 22.] + +Kid landed here this day Seven night; and I would not so much as speak +with him but before Witnesses: I thought he looked very guilty, and to +make me believe so he and his friend Livingston[4] (who posted hither +from Albany, upon newes of Captain Kid's designe of comeing hither), +and Campbell aforesaid began to juggle together and Imbezle some of +the Cargo; besides, Kid did strangely trifle with me and the Councill +three or four times that we had him under Examination. Mr. Livingston +also came to me in a peremptory manner and demanded up his Bond and +the articles which he sealed to me upon Kid's Expedition, and told me +that Kid swore all the Oaths in the World that unless I did +immediately indemnifie Mr. Livingston by giving up his Securities he +would never bring in that great Ship and Cargo, but that he would +take care to satisfie Mr. Livingston himself out of that Cargo. I +thought this was such an Impertinence, in both Kid and Livingston, +that it was time for me to look about me, and to secure Kid. I had +notice that he designed my wife a Thousand Pound in Gold Dust and +Ingotts last Thursday, but I spoyled his Complement by ordering him to +be arrested and committed that Day, showing the Councill my orders +from Court for that purpose. Two Gentlemen of the Councill, Two +Merchants, and the Collector, have the Charge of all the Cargo, and +they are preparing Inventories of every thing, which shall be sent to +your Lordships by the next Ship.[5] I delivered up to those five +persons the Jewells that I have formerly told you Kid sent by Campbell +to my Wife, and that at the Councill Board. + +[Footnote 4: Robert Livingston (1654-1725), first proprietor of +Livingston Manor, a Scot like Kidd and Campbell, was a member of the +council of New York, and secretary for Indian affairs.] + +[Footnote 5: This inventory is printed in _Commons Journal_, XIII. 29, +and, from a copy preserved by the Gardiner family at Gardiner's +Island, in C.C. Gardiner, _Lion Gardiner and his Descendants_ (St. +Louis, 1890), pp. 84-85. Judge Samuel Sewall headed the commission, +and supervised the shipping of part of the treasure to London; +_Diary_, Mass. Hist. Soc., _Collections_, XLVI. 7. The total of what +was secured by the authorities--obtained from Kidd's box and chest, +from the _Antonio_, from Campbell, and from Gardiner--was 1111 troy +ounces of gold, 2353 ounces of silver, 17-3/8 ounces of jewels or +precious stones, 57 bags of sugar, 41 bales of merchandise, and 17 +pieces of canvas. How much leaked away in sloops from Long Island +Sound to New York and elsewhere, or in the West Indies, or was +destroyed in the burning of the _Quedah Merchant_ in Hispaniola, is +matter for conjecture. The total capture, listed above, was thought to +be worth L14,000.--Since writing the above, I have come upon Mr. Ralph +D. Paine's _The Book of Buried Treasure_ (London, 1911), which +presents, at p. 82, a photograph of the inventory mentioned above. Mr. +Paine prints our docs. nos. 72, 76, 79, 82, 84, and part of 85.] + +If I had kept Mr. Secretary Vernon's Orders for seizing and securing +Kid and his associates with all their Effects with less Secrecy, I had +never got him to come in: for his Country men, Mr. Graham[6] and +Livingston, would have been sure to caution him to shift for him selfe +and would have been well paid for their pains. I received the Lords +Justices[7] Orders about Kid, and likewise Mr. Secretary Vernon's, +about three moneths before my leaveing New-York, but I never +discovered them to any body, and when I heard people say, that the +neighbouring Governors had Orders from Court to seize him, I laughed, +as if I believed noe such thing. I wish they may not let him escape +here, as they have Bradish, a notorious Pyrate. About a fortnight ago, +Bradish and another Pyrate got out of the Gaol of this Town and +escaped with the Consent of the Gaoler as there is great reason to +beleive.[8] + +[Footnote 6: James Graham, another Scot, was attorney-general of New +York and a member of the council.] + +[Footnote 7: Acting as chief executive, in the absence of King +William.] + +[Footnote 8: Joseph Bradish and others of the crew of the ship +_Adventure_ of London, on a voyage from London to Borneo in 1698, +piratically seized the ship and ran away with it to Block Island. John +Higginson of Salem, in a letter of Oct. 3, 1699, after mention of +Kidd, adds, "And there was one Bradish, a Cambridge man, who sailed in +an interloper bound for India, who, in some part of the East Indies, +took an opportunity, when the captain and some of the officers were on +shore, to run away with the ship, and came upon our coast, and sunk +their ship at Block Island, and brought much wealth ashore with them; +but Bradish, and many of his company, and what of his wealth could be +found, were seized and secured. But Bradish, and one of his men, broke +prison and run away amongst the Indians; but it is supposed that he +will be taken again." Mass. Hist. Soc., _Collections_, XXVII. 210. +Judge Sewall reports him as recaptured Oct. 26, 1699, and sent to +England with Kidd Feb. 16, 1700. _Ibid._, XLV. 503; XLVI. 6.] + +As the Law stands in this Country a Pyrate cannot be punished with +Death; therefore I desire to receive orders what to do with Bradish's +Crew, and also with Kid, and those Men of his I have taken.[9] + +[Footnote 9: A Massachusetts act of 1692 punishing piracy with death +had been disallowed by the crown. Judge Sewall, in the debate in the +council as to the matter, declared that he knew of no power they had +to send men out of the province to be tried. _Ibid._, XLVI. 4. He was +probably right.] + +Since my leaving New-York one of the four Ships has come in that went +from thence to Madagascar last Summer and of which I informed your +Lordships, and has brought Sixty Pyrates and a vast deall of Treasure. +I hear that every one of the Pyrates paid 150 l. for his passage, and +the owners, I am told, have cleared thirty Thousand pounds by this +Voyage. It is observable that Mr. Hackshaw, one of the Merchants that +petitioned against me to your Lordships, and Stephen Delancy, a hot +headed saucy Frenchman and Mr. Hackshaw's Correspondent, are the +cheife owners of this Ship. I hear there were 200 Pyrates at +Madagascar when this Ship came away, who intended to take their +passage in Frederick Phillips Ship and the other Two belonging to New +York. + +A great Ship has been seen off this Coast any time this Week; it is +supposed to be one Maise, a Pyrate who has brought a vast deale of +wealth from the red Seas.[10] There is a Sloop also at Rhoad Island, +which is said to be a Pyrate. I hear the men goe a shoar there in the +day time and return to the Sloop at night and spend their gold very +liberally. We can do nothing towards the taking those Ships, for want +of a man of War. I am manning out a Ship to go in Quest of the +_Quidah-Marchant_ left by Kid on the Coast of Hispaniola: by some +papers which we seized with Kid, and by his own Confession, wee have +found out where the Ship lyes;[11] and according to his account of the +Cargo we compute her to be worth seventy thousand pounds. The Ship +that carries this is just upon Sailing, and will not be persuaded to +stay any longer; so that I cannot send your Lordships the Inventories +of the Goods brought in by Kid, nor the Informations we have taken +about him from his own men, till next opportunity. I am, with Respect, + +My Lords + +Your Lordships most humble +and obedient Servant + +BELLOMONT. + +[Footnote 10: William Maze or Mace was one of the pirates specifically +named, along with Tew and Wake, in Kidd's commissions.] + +[Footnote 11: For the benefit of treasure-hunters, one might wish one +could be precise. But while the master of the _Antonio_ says at Sta. +Catalina (_Commons Journal_, XIII. 27) and other sailors (_ibid._, 24) +say in the Rio Romana, which would mean much the same, Henry Bolton +(doc. no. 86) says in the Rio Higuey, which is 30 miles farther east, +and Capt. Nicholas Evertse, a worthy New York skipper, says (_C.J._, +XIII. 24) that on June 29 he saw the _Quedah Merchant_, on fire and +burnt down almost to the water's edge, in a salt lagoon on "the Island +St. Helena, nigh Hispaniola," meaning, apparently, Sta. Catalina.] + + +_78. Petition of Sarah Kidd. July 16 (?), 1699._[1] + +[Footnote 1: Mass. Archives, vol. 62, no. 316. On May 16, 1691, Kidd +received license to marry at New York Sarah Oort, widow of John Oort, +merchant of New York. She was a daughter of Samuel Bradley. Kidd was +her third husband. In 1703 she married a fourth. She died in New +Jersey in 1744, leaving five children, one of whom was apparently a +daughter of Kidd. Frederic de Peyster, in his _Bellomont_, p. 29, says +that she "is said to have been a lovely and accomplished woman." +Lovely she may have been, and evidently she was attractive, since she +had four husbands, but she could not write her own name. To this +document and to nos. 80 and 81 she affixes her mark, S.K., rudely +printed; facsimile in _Memorial History of Boston_, II. 179.--Since +this book was prepared, this petition has been printed in the +_Proceedings_ of the American Antiquarian Society, XXXI. 50-51.] + +To his Excellency the Earle of Bellomont, Captn. Gen. and Govr. in +Chief of his Maj'tys provinces of the Massachusetts Bay, New Yorke, +etca. in America, and of the Territorys thereon depending, and Vice +Admiral of the same, + +The petition of Sarah Kidd the wife of Captn. Wm. Kidd, + +Humbly Sheweth + +That on the sixth day of July Inst. some of the Magistrates and +officers of this place came into your Pet'rs lodgings at the house of +Duncan Campbell and did there Seize and take out of a Trunck a Silver +Tankard, a Silver Mugg, Silver Porringer, spoons, forcks and other +pieces of Plate, and two hundred and sixty pieces of Eight, your +Pet'rs sole and proper Plate and mony, brought with her from New +Yorke, whereof she has had the possession for several years last past, +as she can truely make oath; out of which sd Trunck was also took +Twenty five English Crowns which belonged to your Pet'rs Maid.[2] + +[Footnote 2: The maid was most likely Elizabeth Morris, whose +indenture of apprenticeship to Capt. William Kidd, Aug. 19, 1695, is +printed in N.Y. Hist. Soc., _Coll._, 1885, pp. 571-572. She had then +just come out from England in Kidd's old barkentine the _Antigua_, +which Governor Codrington of the Leeward Islands had given him in 1690 +to reward his services and replace the ship then stolen from him (see +doc. no. 71, note 1, and _Portland MSS._, VIII. 78) and which had +apparently been his ship ever since. She was indentured to him as a +maidservant for four years, from July 14, 1695, to July 14, 1699. The +council ordered Sarah Kidd's plate to be returned to her.] + +The premisses and most deplorable Condition of your Pet'r considered, +She humbly intreats your hon'rs Justice That Returne be made of the +said Plate and mony. + +SARAH S K KIDD. + +_In Council July 18, 1699._ + +Advised that Mrs. Kidd makeing oath that she brought the Plate and +money above mentioned from New York with her, It was restored unto +her. As also that Capn. Kidd and Companys wearing Apparel under +Seizure be returned to them. + + +_79. Narrative of John Gardiner. July [17], 1699._[1] + +[Footnote 1: Public Record Office, C.O. 5:860, no. 64 XXI; _Commons +Journal_, XIII. 30-31. John Gardiner (1661-1738), grandson of Lion +Gardiner, was the third manorial proprietor of Gardiner's Island, an +island lying three miles northward from Long Island, toward its +eastern extremity and near the entrance to the Sound. The narrative +was sent to the Board of Trade by Bellomont as an enclosure in no. +82.] + +The Narrative of John Gardner of Gardners-Island, alias Isle of Wight, +relating to Captain William Kidd. + +That about twenty dayes agoe, Mr. Emot of New Yorke came to the +Narrators House, and desired a boat to go for New Yorke, telling the +Narrator he came from my Lord at Boston. Whereupon the Narrator +furnished the said Emot with a boat, and he went for New Yorke, and +that Evening the Narrator saw a Sloop with Six Guns rideing at an +Anchor off Gardners Island. and two days afterwards in the Evening the +Narrator went aboard said Sloop to enquire what she was, and so soon +as he came on board Captain Kidd (then unknown to the Narrator) asked +him how himselfe and Family did, telling him that he the said Kidd was +going to my Lord at Boston, and desired the Narrator to carry three +Negroes, two boys and a girle, ashore, to keep till he the said Kidd +or his Order should call for them, which the Narrator accordingly did. +That about two hours after the Narrator had got the said Negroes +ashore, Captain Kidd sent his boat ashore with two bailes of Goods and +a Negro Boy, and the morning after, said Kidd desired the Narrator to +come immediately on board and bring Six Sheep with him for his the +said Kidds Voyage for Boston, which the Narrator did, when Kidd asked +him to spare a barrel of Cyder, which the Narrator with great +importunity consented to, and sent two of his men for it, who brought +the Cyder on board said Sloop, but whilst the men were gone for the +Cyder, Captain Kidd offered the Narrator several Pieces of +damnified[2] Muslin and Bengalls as a Present to his Wife, which the +said Kidd put in a bagg, and gave the Narrator, and about a Quarter of +an Hour afterwards the said Kidd tooke up two or three pieces of +damnified Muslin and gave the Narrator for his proper Use. And the +Narrators men then coming on board with the said Barrel of Cyder as +aforesaid, the said Kidd gave them four pieces of Arabian Gold for +their trouble and also for bringing him Wood. Then the said Kidd, +ready to saile, told this Narrator he would pay him for the Cyder, to +which the Narrator answered That he was already satisfied for it by +the Present made to his Wife. And this Narrator observed that some of +Kidds men gave to the Narrators men some inconsiderable things of +small value, which this Narrator believes were Muslins for Neckcloths. +And then the Narrator took leave of the said Kidd and went ashore, and +at parting the said Kidd fired four Guns and stood for Block-Island. + +[Footnote 2: Damaged. Bengals were striped goods, partly silk. Kidd +gave Mrs. Gardiner more than this. A pitcher and fragments of a piece +of cloth of gold are still in the hands of different descendants of +two of John Gardiner's wives. See article by John R. Totten in _N.Y. +Biog. Rec._, L. 17-25. The story is told in Thompson's Long Island, p. +203, from a letter of a descendant writing more than a hundred years +ago. "He [Kidd] wanted Mrs. Gardiner to roast him a pig; she being +afraid to refuse him, roasted it very nice, and he was much pleased +with it. He then made her a present of this cloth."] + +About three Dayes afterwards the said Kidd sent the Master of the +Sloop and one Clarke in his boat for the Narrator, who went on board +with them, And the said Kidd desired this Narrator to take on shore +with him and keep for him, the said Kidd, and Order, a Chest, and a +box of gold and a bundle of Quilts and Four Bayles of Goods, which box +of gold the said Kidd told the Narrator was intended for my Lord; and +the Narrator complied with the said Kidds request and took on shore +the said Chest, box of gold, Quilts, and bayles of Goods. + +And the Narrator further saith That two of Kidds Crew, who went by the +Names of Cooke and Parrat,[3] delivered to him, the Narrator, two +baggs of Silver, which they told the Narrator weighed thirty pound +weight, for which he gave receipt. And That another of Kidd's men +delivered to the Narrator a small bundle of gold, and gold dust of +about a pound weight, to keep for him, and did also present the +Narrator with a Sash and a pair of worsted Stockins. And just before +the Sloop sayled Captain Kidd presented the Narrator with a bagg of +Sugar, and then tooke leave and sayled for Boston. + +[Footnote 3: Neither of these sailors was of the original crew. Hugh +Parrott, of Plymouth, England, joined Kidd at Johanna, and was tried +and condemned with him. His examination at Boston is in _Commons +Journal_, XIII. 29.] + +And the Narrator further saith, he knew nothing of Kidds being +proclaimed a Pyrate, and if he had, he durst not have acted otherwise +than he has done, having no force to oppose them, and for that he hath +formerly been threatned to be killed by Privateers, if he should carry +unkindly to them. + +JOHN GARDINER. + +The within named Narrator further saith That whilst Captain Kidd lay +with his Sloop at Gardners Island, there was a New Yorke Sloop, +whereof one Coster is Master, and his Mate was a little black man, +unknown to the Narrator by name,[4] who, as it was said, had been +formerly Captain Kidds Quarter Master, and another Sloop belonging to +New-Yorke, Jacob Fenick[5] Master, both which lay near to Kidds Sloop +three dayes together, and whilst the Narrator was on board with +Captain Kidd, there was several Bayles of Goods and other things put +out of the said Kidds Sloop and put on board the other two Sloops +aforesaid, and the said two Sloops sayled up the Sound. After which +Kidd sailed with his Sloop for Block Island, and being absent by the +Space of three dayes returned to Gardners-Island again in company of +another Sloop belonging to New-Yorke, Cornelius Quick Master, on board +of which was one Thomas Clarke of Setauket, commonly called Whisking +Clarke, and one Harrison of Jamaica, Father to a boy that was with +Captain Kidd, and Captain Kidds Wife was then on board his own +Sloop.[6] And Quick remained with his Sloop there from noon to the +evening of the same day, and tooke on board two Chests that came out +of the said Kidd's Sloop, under the observance of this Narrator, and +he believes several Goods more, and then sailed up the Sound. Kidd +remained there with his Sloop until next morning, and then set saile +intending, as he said, for Boston. Further the Narrator saith That the +next day after Quick sayled with his Sloop from Gardners Island, he +saw him turning out of a Bay called Oyster-pan Bay,[7] although the +wind was all the time fair to carry him up the Sound; the Narrator +supposes he went in thither to land some Goods. + +JOHN GARDINER. + +[Footnote 4: Carsten Luersen and Hendrick van der Heul.] + +[Footnote 5: Jacob Phoenix.] + +[Footnote 6: Capt. Thomas Clarke, coroner of New York, was soon after +arrested in Connecticut at the instance of Bellomont, who charged him +with having privately deposited L10,000 worth of Kidd's treasure with +a man at Stamford. Clarke promised restitution. _N.Y. Col. Docs._, IV. +595, 793; _Calendar of Council Minutes_, pp. 143, 144, 164.] + +[Footnote 7: Not Oyster Bay, but Oyster-pond Bay, near Orient.] + +Boston, July 1699. + +The Narrator, John Gardiner, made Oath before his Excellency and +Council unto the truth of his Narrative contained in this Sheet of +Paper. + +ISA. ADDINGTON, Secretary. + + +_80. Sarah Kidd to Thomas Payne. July 18, 1699._[1] + +[Footnote 1: Public Record Office, C.O. 5:861, no. 4 XVIII. Captain +Thomas Paine of Jamestown, R.I. (Conanicut Island), had come to Rhode +Island in 1683, as a privateer with dubious papers. In 1690 he had +defeated a body of Frenchmen at Block Island. He may have been an +accomplice of pirates, as Bellomont charges in doc. no. 85 (in which +this is an enclosure); he was certainly one of the founders of Trinity +Church, Newport.] + +From BOSTON Prison, July the 18 day 1699. + +_Captain Payen:_ + +After my humble service to your selfe and all our good Friends this +cometh by a trusty Friend of mine how[2] can declare to you of my +great griefe and misery here in prison by how I would desire you to +send me Twenty four ounces of Gold and as for all the rest you have in +your custody shall desire you for to keep in your custody for it is +all we have to support us in time of want; but I pray you to deliver +to the bearer hereof the above mentioned sum, hows[3] name is Andrew +Knott.[4] And in so doing you will oblige him how is your + +SARAH S K KEEDE + +the bare hereof can informe you more at large. + +[Footnote 2: Who.] + +[Footnote 3: Whose.] + +[Footnote 4: See doc. no. 85.] + + +_81. Petition of Sarah Kidd. July 25, 1699._[1] + +[Footnote 1: Mass. Archives, vol. 62, no. 317.] + +To his Excell'cy the Earle of Bellomont, + +Capt. Gen'll and Governor of his Maj'tys Collonies of the +Massachusetts Bay in N. Engl'd etca. and to the honorable the +Councill. + +The Peticion of Sarah Kidd humbly Sheweth + +That Your Petitioners husband Capt. Wm. Kidd, being comitted unto the +Comon Goale[2] in Boston for Pyracie, and under Streight durance, as +Alsoe in want of necessary Assistance, as well as from Your +Petitioners Affection to her husband humbly pray's that your Excell'cy +and Councill will be pleased to permitt the sd Sarah Kidd to have +Communication with her husband, for his reliefe; in such due Season +and maner, as by your Excelle'y and Councill may be tho't fitt and +prescribed, to which Your Petitioner shall thankfully conforme +herSelfe and ever pray etca. + +SARAH S K KIDD + +Boston 25 July 1699. + +[Footnote 2: Gaol, jail.] + + +_82. Lord Bellomont to the Board of Trade. July 26, 1699._[1] + +[Footnote 1: Public Record Office, C.O. 5:860, no. 64; _Commons +Journal_, XIII. 19-21. The original is endorsed as received Sept. 20.] + +BOSTON, 26th July 99. + +_My Lords,_ + +I gave your Lordships a short Account of my taking Capt. Kidd, in my +Letter of the 8th Instant:[2] I shall in this Letter confine myselfe +wholly to an Account of my Proceeding with him. + +[Footnote 2: Doc. no. 77.] + +On the 13th of last Month Mr. Emot, a Lawyer of New-York, came late at +Night to me and told me he came from Captain Kidd, who was on the +Coast with a Sloop, but would not tell me where: That Kidd had brought +60 Pound Weight of gold, about a 100 Weight of Silver, and 17 Bales of +East-India goods, (which was less by 24 Bales than we have since got +in the Sloop), That Kidd had left behind him a great Ship near the +Coast of Hispaniola that nobody but himselfe could find out, on board +whereof there were in bale goods, Saltpetre, and other things to the +Value of at least 30,000 L.: That if I would give him a pardon, he +would bring in the Sloop and goods hither, and would go and fetch the +great Ship and goods afterwards. Mr. Emot delivered me that Night Two +French Passes, which Kidd took on board the Two Moors Ships which were +taken by him in the seas of India (or, as he alleges, by his Men +against his Will). One of the Passes wants a date in the original, as +in the Copy I send your Lordships; and they go No. I. and No. II.[3] + +[Footnote 3: See doc. no. 87, note 2.] + +On Thursday, the 15 of June, I sent Mr. Campbel, the Post-Master of +this town, Kidd's Countryman and acquaintance, along with Mr. Emot, to +invite Kidd to come into this Port. Mr. Campbel returned hither on the +19 of June, and gave in a Memorial to my selfe and the Councel, +containing what had passed between him and Kidd: The said Memorial +goes No. 3.[4] On the said 19 June, as I sate in Councel, I wrote a +Letter to Captain Kidd, and shewed it to the Councel, and they +approving of it, I dispatched Mr. Campbel again to Kidd with my said +Letter, a Copy whereof goes No. 4. Your Lordships may observe That the +promise I make Captain Kidd, in my said Letter, of a kind reception, +and promising the King's pardon for him, is conditionall; that is, +provided he were as innocent as he pretended to be. But I quickly +found sufficient Cause to suspect him very guilty, by the many lyes +and Contradictions he told me. I was so much upon my guard with Kidd +that, he arriving here on Saturday the [first] of this moneth, I would +not see him but before witnesses; nor have I ever seen him since, but +in Councel twice or thrice that we examined him; and the day he was +taken up by the Constable, it happened to be by the door of my +Lodging,[5] and he rushed in and came running to me, the Constable +after him. I had him not seized till Thursday the 6th instant, for I +had a mind to discover where he had left the great Ship, and I thought +my selfe secure enough from his running away, because I took care not +to give him the least umbrage of my Design of seizing him, Nor had I +till that day that I produced my orders from Court for apprehending of +Kidd, communicated them to anybody. And I found it necessary to shew +my orders to the Councel, to animate them to join heartily with me in +securing Kidd, and examining his Affair nicely, to discover what we +could of his behaviour in his whole Voyage. Another reason why I took +him not up sooner was that he had brought his wife and Children hither +in the Sloop with him, who I believed he would not easily forsake. He +being examined twice or thrice by me and the Councel, and also some of +his men, I observed he seemed much disturbed, And the last time we +examined him I fancied he looked as if he were upon the wing, and +resolved to run away, and the Gentlemen of the Councel had some of +them the same thought with mine, so that I took their Consent in +seizing and committing him.[6] But the officers appointed to seize his +men were so careless as to let 3 or 4 of his men escape, which +troubled me the more because they were old New-York Pyrates. The next +thing the Councel and I did, was to appoint a Committee of trusty +persons to search for the goods and Treasure brought by Kidd and to +secure what they should find till the King's pleasure should be known +as to the Disposition thereof, as my orders from Mr. Secretary Vernon +import. The said Committee were made up of Two Gentlemen of the +Councel, Two Merchants, and the Deputy Collector, whose names are to +the inclosed Inventory of the goods and Treasure. They searched Kidd's +Lodging, and found hid and made up in Two sea-beds, a bag of gold dust +and Ingots of the value of about 1000 L. and a bag of silver, part +money and part pieces and piggs of silver, value as set down in the +said Inventory. In the above bag of gold were several litle bags of +gold; all particulars are, I believe, very justly and exactly set down +in the Inventory. For my part, I have medled with no manner of thing, +but put every thing under the management of the Councel, and into the +Custody of the before mentioned Committee, that I might be free from +the Suspicion and Censure of the World. The enameled box mentioned in +the beginning of the Inventory is that which Kidd made a present of to +my wife by Mr. Campbel, which I delivered in Councel to the said +Committee to keep with the rest of the Treasure. There was in it a +stone ring, which we take to be a Bristoll Stone;[7] if it were true, +it would be worth about 40 L. And there was a small stone unset which +we believe is also counterfeit, and a sort of a Locket, with four +Sparks which seem to be right diamonds; for there is nobody here that +understands Jewels. If the Box and all that is in it were right, they +cannot be worth above 60 L. + +[Footnote 4: Doc. no. 75.] + +[Footnote 5: Peter Sergeant, a rich merchant, who had the finest house +in Boston, had given it over to the new governor's use. Mass. Hist +Soc., _Proc._, XXII. 123-131. Lord Bellomont held his council meetings +in its best chamber. It was afterward the famous Province House, +having been bought later by the province, for a residence for the +governors. Hawthorne, at the beginning of part II. of his _Twice-Told +Tales_, describes it as it was in 1845. A portion of the walls was in +1919 still visible from Province Court.] + +[Footnote 6: Dr. Edward Everett Hale gives quotations from the council +records, in _Memorial History of Boston_, II. 177-178.] + +[Footnote 7: Rock-crystal, of a kind found near Bristol, England.] + +Your Lordships will see in the middle of the Inventory a parcel of +Treasure and Jewels delivered up by Mr. Gardiner, of Gardiner's +Island, in the Province of New-York, and at the East End of +Nassau-Island, the Recovering and saving of which Treasure is owing to +my Own Care and quickness. I heard by the greatest accident in the +world, the day that Captain Kidd was committed, That a Man had offered +30 L. for a Sloop to carry him to Gardiner's Island, and Kidd having +owned he had buried some Gold on that Island, (though he never +mentioned to us any Jewels, nor, I believe, would he have owned the +gold there but that he thought he should himselfe be sent for it), I +presently reflected that that man (whom I have since discovered to be +one of Kidd's Men) was to defeat us of that Treasure; I privately +posted away a Messenger by Land with a peremptory order to Mr. +Gardiner in the King's name to come forthwith, and deliver up such +Treasure as Kidd or any of his Crew had lodged with him; acquainting +him That I had committed Kidd to Goal, as I was ordered to do by the +King. My Messenger made great haste, and was with Gardiner before +anybody, and Gardiner, who is a very substantial man, brought away the +Treasure without delay, and by my direction delivered it into the +Hands of the Committee. If the Jewels be right, as it is supposed they +are, but I never saw them, nor the gold and silver brought by +Gardiner, then we guesse that the parcel brought by him may be worth +(Gold, Silver and Jewels) 4500 L. And besides Kidd had left Six bales +of goods with him, one of which was twice as big as any of the rest; +and Kidd gave him a particular Charge of that bale, and told him it +was worth 2000 L. The six bales Gardiner could not bring, but I have +ordered him to send them by a Sloop that is since gone from hence to +New York, and which is to return speedily. We are not able to set an +exact value on the goods and Treasure we have got, because we have not +opened the bales we took on board the Sloop; But we hope when the six +bales are sent in by Gardiner, what will be then in the hands of the +Gentlemen appointed to that Trust, will amount to about 14000 L. I +have sent strict orders to my Lieutenant Governor at New York,[8] to +make dilligent Search for the Goods and Treasure sent by Kidd to New +York in Three Sloops mentioned in Gardiner's affidavit,[9] which I +send with the other affidavits and Informations to your Lordships; and +I believe I have directed him where to find a Purchase in a house at +New York, which by a hint I have had I am apt to believe will be found +out in that house. I have sent to search elsewhere a certain place, +strongly suspected to have received another depositum of gold from +Kidd. I am also upon the hunt after Two or Three Arch Pyrates, which +I hope to give your Lordships a good Account of by next Conveyance. If +I could have but a good able Judge and Attorney General at York, a Man +of war there and another here, and the Companies recruited and well +paid, I will rout Pirates and Piracy entirely out of all this north +part of America, but as I have but too often told your Lordships, it +is impossible for me to do all this alone in my single person. + +[Footnote 8: Capt. John Nanfan; see doc. no. 73, note 2.] + +[Footnote 9: Doc. no. 79.] + +I wrot your Lordships word in my last letter of the 8 Instant That +Bradish the Pyrate and one of his Crew were escaped out of the goal of +this Town. We have since found that the Goaler was Bradish's kinsman, +and the Goaler confessed they went out at the prison door, and that he +found it wide open; we had all the reason in the world to believe the +Goaler was consenting to the escape: by much ado I could get the +Counsel to resent the Goaler's behaviour, but by meer Importunity I +had the fellow before us; we examined him, and, by his own Story and +accounts given us of his suffering other prisoners formerly to escape, +I prevailed to have him turned out and a prosecution ordered against +him to the Attorney Generall. I have also, with some difficulty, this +late Session of Assembly here, got a bill to pass, That the Goal be +committed to the Care of the High Sheriffe of the County, as in +England, with a Salary of 30 L. _per Annum_, to the said Sheriffe: I +would have had it 50 L. _per Annum_, for the Sheriff's Incouragement +to be honest and carefull, but I could not prevail. I am forced to +allow the Sheriff 40 s. per Week for keeping Kidd safe; otherwise I +should be in some doubt about him. He has without doubt a great deal +of gold, which is apt to tempt men that have not principles of honour; +I have therefore, to try the power of dull Iron against gold, put him +into Irons that Weigh 16 Pound. I thought it moderate enough, for I +remember poor Doctor Oates[10] had a 100 weight of Iron on him when he +was a prisoner in the late Raign. There never was a greater Lyar or +Thief in the World than this Kidd; notwithstanding he assured the +Councel and me every time we examined him That the great Ship and her +Cargo waited his return to bring her hither, and now your Lordships +will see by Two severall Informations of Masters of Ships from +Curacao, that the Cargo has been sold there, and in one of them it is +said they have burnt that noble Ship, and without doubt, it was by +Kidd's order, that the Ship might not be an evidence against him, for +he would not own to us her Name was the _Quidah-Marchand_, though his +men did. Andries Henlyne, and Two more, brought the first news to York +of the sale of that Cargo at Curacao; and never such pennyworths heard +of for Cheapness; Captain Evertz is he who has brought the news of the +Ship's being burnt. She was of about 500 Ton, and Kidd told us at the +Councel, there never was a stronger or stancher Ship seen. His Lying +had like to have involved me in a Contract that would have been very +chargeable and to no manner of purpose, as he has ordered Matters. I +was advised by Counsel to dispatch a Ship of good Countenance to go +and fetch away that Ship and Cargo. I had agreed for a Ship of 300 +tons, 22 Guns, and I was to man her with 60 men, to force (if there +had been need of it) the Men to yield who were left with the Ship. I +was just going to seal the writing, when I bethought myself it were +best to presse Kidd once more to tell me Truth: I therefore sent to +him Two Gentlemen of the Councel to the Goal, and he at last owned +That he had left a power with one Mr. Henry Bolton, a Marchand of +Antegoa whom he had Committed the Care of the Ship to, to sell and +dispose of all the Cargo: upon which Confession of Kidds I held my +hand from hireing that great Ship, which would have cost 1700 L. by +Computation. And now to-morrow I send the Sloop Captain Kidd came in, +with Letters to the Lieutenant Governor of Antegoa, Colonel Yeomans, +to the Governors of St. Thomas's Island and Curacao, to seize and +secure what effects they can, that was late in the possession of Kidd, +and on board the _Quidah-Marchand_. There is one Burk, an Englishman, +that lives at St. Thomas, who has got a great Store of the goods and +mony for Kidd's account. St. Thomas belongs to the Danes, but I hope +to retrieve what Burt has in his Hands.[11] The sending this Sloop +will cost but about 300 L. if she be out Three moneths. I hope your +Lordships will take care, that immediate orders be sent to Antegoa to +secure Bolton, who must have plaid the Knave egregiously; for he could +not but know that Kidd came knavishly by that Ship and Goods. It is +reported That the Dutch of Curacao have loaded Three Sloops with those +Goods, and sent them to Holland; perhaps it were not amiss to send and +watch their Arrivall in Holland, if it be practicable to lay Claim to +them there. + +[Footnote 10: Titus Oates, the scurrilous and perjured informer, +wonderfully successful with his "Popish Plot" in 1679 and 1680, thrown +into prison, under heavy irons, in 1684. He was still living in 1699. +His doctoral degree ("D.D. of Salamanca") was spurious.] + +[Footnote 11: The reply of the governor of St. Thomas is doc. no. 83.] + +Since my Committment of Kidd, I hear That upon his approach to this +port, his heart misgave him, and he proposed to his Men the putting to +Sea again and going to Caledonia,[12] the new Scotch Settlement near +Darien, but they refused. + +[Footnote 12: Caledonia was the settlement on the isthmus of Panama to +which the Darien Company, amid so much enthusiasm on the part of the +Scottish nation (see Macaulay's twenty-fourth chapter), had sent out +its colony in 1698. The settlement had proved a disastrous failure and +had been abandoned, and the ships bringing away the wretched survivors +were already approaching New York, but neither Kidd nor Bellomont yet +knew this.] + +I desire I may have orders what to do with Kidd, and all his and +Bradish's Crew; for, as the Law stands in this Country, if a pyrate +were Convict, yet he cannot suffer Death: And the Counsell here +refused the bill to punish Privateers and Pyrates which your Lordships +sent with me from England with a direction to recommend it at New York +and here, to be passed into a Law. I shall by next Conveyance acquaint +your Lordships what a prejudice I have found in some of the Counsel to +the Laws of England this Session, but having writ myself almost dead, +I must till another Opportunity forbear to treat of the affairs of +this Province; but when I do, I must tell your Lordships beforehand, I +will not dissemble with you to favour any man or number of men; I am +both above it, and I should thinke I did not do the part of an honest +man, if I concealed any thing from you that tends to the prejudice of +the Interest of England. + +You will observe by some of the Informations I now send, That Kidd +did not only rob the Two Moors Ships, but also a Portugueze Ship; +which he denied absolutely to the Counsel and me. + +I send your Lordships 24 severall Papers and Evidences relating to +Captain Kidd. It is impossible for me to animadvert and make remarks +on the several matters contained in the said papers, in the weak +Condition I am at present; but must leave that Trouble to Mr. +Secretary Popple,[13] whose excellent clear method in business fits +him incomparably beyond me for such a Work. + +[Footnote 13: William Popple the elder, secretary to the Board of +Trade from 1696 to 1708.] + +I will always continue to be, with much Respect, + +My Lords, + +Your Lordships most humble +and obedient Servant, + +BELLOMONT. + + +_83. The Danish Governor of St. Thomas to Lord Bellomont. September 1, +1699._[1] + +[Footnote 1: Public Record Office, C.O. 5:860, no. 73 XIII. Johan +Lorentz, acting governor of the Danish island of St. Thomas 1689-1692, +governor 1694-1702, was of Flensborg in Sleswick, but his habitual +language was Dutch, which indeed was the usual language of St. Thomas +at this time. His letter, written in Dutch, was sent to the Board of +Trade as an enclosure in a letter from Bellomont dated Oct. 24. +Bellomont, as indicated in the latter part of doc. no. 82, sent the +_Antonio_, with a trusty skipper, to Antigua, St. Thomas, Curacao, and +Jamaica, to recover whatever could be found of Kidd's booty. This is +one of the letters it brought back. Lorentz dated by old style.] + +_Aen Syn Excell. Bellomont_ + +ST. THOMAS de 1 Septembris anno 1699 + +_Myn Heer_ + +Hebbe d'Eere gehadt, uw Excell. aengename Missive van den 26 July door +Capt. ---- Carry t'ontvanghen, en daer uyt ten volle verstaen het +gheen uw Excell. aengaende den Zeeroover Will Kidd heeft gelieven te +schryven, waerop uw Excell. met naervolgende Antwoort dienen Sall. +voorschryven Will Kidd is voor deesen Haeven met zyn voerende Schip +onder Engelse Vlagge buyten Schoot Van't Kooninghs Fortress ten Anker +gekoomen, en heeft daerop zyn Chaloupe met een Brief aen My aen Lant +gesonden, waerin hy Protectie van my was begehrende, Vaerder +pretenderende onschuldigh te weesen in't Rooven van de Subjecten van +den Mogol in Oostjndien. Zyn Bedryf my toenmaels nogh Onbekent Zynde, +Schreef hem Wederom, by aldien hy een Eerlyk man was, dat ick hem +protegeren woude, maer hy heeft Verzekeringh willen hebben, dat ick +hem aen gheen Oorloghs schepen van syn Majestat van Groot Britannien, +die hem souden Koomen Opeyschen Overleveren soude, 't welck hem +geweygert hebbe, waerop by Verstaen hebbende, dat ick alle Habitanten +verbooden hadde, gheen Provisie aen hem te vercoopen, wederom onder +Zeyl is gegaen; zedert die Tyt hebbe hooren seggen, dat hy omtrent het +Eylant Moone ten Anker lagh, en dat een Bolton van Antigua by hem +geweest hadde, om met hem te negotieren. Naederhant quam in deesen +Haven eenen Bergantin, toebehoorende aen Barbades, waerop eenen Will +Burcke Coopman was, van welcke ick gheen suspitie hadde nogh minder de +gedachten, dat hy hem soude onderstaen doerfen eenighe Zeerover +goederen hier intevoeren; Nochtans hebbe des Andern Daeghs verstaen, +dat hy by Nacht een Party Goet aen Lant hadde gebrocht, dewelcke hy +volghens seggen aen de Heer Pedro van Bellen, General Directeur voor +de Ceurvorsth. Brandenborgse Privilegeerde soude vercocht hebben, +dewelcke ook in't Brandenborgse Magazyn zyn Opgeleght. ick hebbe aen +voorschryven goederen niet koennen koomen dewyl voorschryven +Brandenborgse Privilegeerde hier ter Plaetse haer eyghen Recht en +Privilegien hebben, maer voorschryven Will Burcke hebbe laeten +arresteren, en naerdien hy Borghtocht heeft gestelt, hebbe hem laeten +vertrecken met de Bergantin, dogh met de Conditie, dat hy syn +verantwoordinghe aen Barbades (dewyl hy een Subject van Syn Majestaet +van Engelant en aldaer woonachtigh was) soude doen. Naederhant is hy +van Barbades wederom hier gekoomen, medebrengende een Recommendatie +van de Heer Gouverneur Grey aen my, en ophoudt sigh hier nu nogh in't +Brandenborgse Loge, maer alle voorschryven Goederen zyn (soo geseght +word) naer aendere Plaetse getransporteert. Deeses is all het gheen, +daervan Uw. Excell. aengaende deese Saeke onderrechten kan, daerby +verzekerende dat gheen Subjecten of inwoonders van Syn Cooninglyke +Majestaet van Denemarck myn Souverain Heer met voor[schryven] Kidd +gehandelt hebben, dewyl daerin Goede ordre hebbe beschickt. +Ondertuschen hebbe aenstonts een Persoon uyt den Raet naer Denemarck +gesonden, om aen Syn Cooninglyke Majestaet myn allergenadigste Kooning +ende Heer van all het gheen, soo als het passeert is, alleronderdaenigst +Rapport te geven. Hiermede Sluytende recommenderende Uwe Excell. alle +Goede Vrientschap en Vaerdere goede Correspondentie t'Onderhouden, +Waermede verblyve + +Uwe Excell. + +Ootmoedigen Dienaer + +J. LORENTS. + +[Addressed:] To Milord Bellomont Earl, + Gouvernor of New England, Yorck and other + places, In Boston + +_Translation._ + +ST. THOMAS, September 1, 1699. + +_To His Excellency Bellomont:_ + +_My Lord:_ + +I have had the honor to receive by way of Captain ---- Carry[2] Your +Excellency's agreeable letter of July 26, and to understand fully from +it what Your Excellency has been pleased to write as to the pirate +Will Kidd, upon which I shall serve Your Excellency with the following +reply. The aforesaid Will Kidd, with his freight-ship under the +English flag, came to anchor off this harbor, out of range of the +King's fortress, and then sent his shallop to land with a letter to +me, in which he asked me for protection, further declaring that he was +innocent as to robbing the subjects of the Mogul in the East Indies. +His course of conduct being at that time still unknown to me, I wrote +him in reply that, in case he was an honorable man, I would protect +him, but he wished to have assurance that I would not give him up to +any war-ship of His Majesty of Great Britain that should come to +demand him. This I declined to give, whereupon he, understanding that +I had forbidden all inhabitants to sell him any provisions, set sail +again.[3] Since that time I have heard that he lay at anchor near the +island of Mona, and that one Bolton of Antigua had been with him, to +transact business. Afterward there came into this harbor a brigantine +belonging to Barbados, on which one Will Burcke[4] was merchant, +concerning whom I had no suspicion, still less the thought that he +would dare to undertake bringing in here any pirate goods; yet I +learned the other day that he by night had brought a quantity of goods +to land, which, according to reports, he had sold to Mr. Pedro van +Bellen, general director for the Electoral Brandenburg Privileged +Company, and which are also stored in the Brandenburg warehouse.[5] I +have not been able to get at the aforesaid goods, because the said +Brandenburg patentees have here their own law and privileges, but I +have caused the said Will Burcke to be arrested, and on his giving +bail have let him return with the brigantine, yet on condition that he +should discharge his responsibility to Barbadoes, he being a subject +of His Majesty of England and resident there. Since that time he has +come here again from Barbados, bringing with him a recommendation from +Governor Grey[6] to me, and is living here still at the Brandenburg +Lodge, but all the aforesaid goods have, it is said, been transported +to other places. This is all the information that I can give Your +Excellency respecting this matter, at the same time assuring you that +no subjects of his Royal Majesty of Denmark, my sovereign Lord, or +inhabitants here, have traded with the aforesaid Kidd, for in that +matter I have enforced good order. Meanwhile I have forthwith sent a +member of the council to Denmark, to report most submissively to His +Royal Majesty, my most gracious King and Lord, all these matters just +as they have occurred. Herewith closing, and commending myself to Your +Excellency, to maintain all good friendship and further good +correspondence, I remain + +Your Excellency's + +Humble Servant + +J. LORENTS. + +[Footnote 2: Nathaniel Cary of Charlestown. His very interesting +account of his wife's prosecution for witchcraft in 1692 is in Calef's +_More Wonders of the Invisible World_, and is reprinted in G.L. Burr, +_Narratives of the Witchcraft Trials_, pp. 349-352.] + +[Footnote 3: The episode is related more fully in Westergaard, _The +Danish West Indies_, pp. 113-118, Professor Westergaard having found +Lorentz's carefully kept diary in the Danish archives at Copenhagen. +Lorentz "answered that if he could produce proof in writing that he +was an honest man, he might enter". From his request for protection +from English royal ships, the governor "saw that he was a pirate", and +"his request was flatly refused him, and he was forbidden to send his +men ashore again unless they came into the harbor with the ship".] + +[Footnote 4: See doc. no. 76, note 20.] + +[Footnote 5: By a treaty between the Great Elector and the King of +Denmark, in 1685, Brandenburg secured for thirty years the privilege +of maintaining on St. Thomas an establishment, chiefly useful in +connection with the work of the Brandenburg company for the African +slave-trade. The story is related in Westergaard, ch. III., and in +Schueck; see doc. no. 43, note 1, and no. 48, note 1. The episode of +Burke and Van Belle is more fully related in Westergaard, pp. 115-118. +Burke escaped and most of the goods went across the Atlantic to +Brandenburg, but Lorentz seems to have been honest.] + +[Footnote 6: Hon. Ralph Grey, governor of Barbados 1697-1699.] + + +_84. Declaration of William Kidd. September 4, 1699._[1] + +[Footnote 1: Public Record Office, C.O. 5:860, no. 65 XIX. Enclosed in +a letter of Bellomont to the Board of Trade, Aug. 28. There is a +photographic facsimile of the original in R.D. Paine, _The Book of +Buried Treasure_, at p. 85. Though this chest is mentioned in several +of the Kidd documents, no account of its contents appears in the chief +printed inventories, indeed I find no evidence that it was brought to +Boston. The statement may have interest as showing kinds of goods then +highly valued.] + +BOSTON September 4, 1699 + +Captain William Kidd declareth and saith That in his chest which he +left at Gardiners Island there was three small baggs or more of Jasper +Antonio or stone of Goa,[2] severall pieces of Silk stript with silver +and gold, Cloth of Silver, about a Bushell of Cloves and Nutmegs mixed +together and strawed up and down, severall books of fine white +callicoes, severall pieces of fine Muzlins, severall pieces more of +flowred silk, he does not well remmember what further was in it. he +had an Invoyce thereof in his other chest. all that was contained in +the said Chest was bought by him and some given him at Madagascar, +nothing thereof was taken in the ship _Quedah Merchant_. he esteemed +it to be of greater value than all else that he left at Gardiners +Island except the gold and silver. there was neither gold or silver in +the chest. It was fastned with a Padlock and nailed and corded about. + +[Footnote 2: A fever medicine, consisting of various drugs made up +into a hard ball, lately invented in India by Gaspar Antonio, a lay +brother of the Society of Jesus.] + +Further saith That he left at said Gardiners Island a bundle of nine +or tenn fine India Quilts, some of them Silk with fringes and +Tassells. + +WM. KIDD. + + +_85. Lord Bellomont to the Board of Trade. November 29, 1699._[1] + +[Footnote 1: Public Record Office, C.O. 5:861, no. 4. Endorsed as +received Jan. 19, 1700, and read at the Board Feb. 9.] + +BOSTON the 29 November 99. + +_My Lords_ + +I gave your Lordships an account in my Letter of the 24th of last +moneth[2] by the last ship that went hence for England, of my taking +Joseph Bradish and Tee Wetherley, the two Pyrates that had escaped +from the Goal of this town;[3] and I then also writ that I hoped in a +little time to be able to send your Lordships the news of my taking +James Gill[am] the Pyrat that killed Captain Edgecomb, Commander of +the _Mocha_ frigat for the East India Company,[4] and that with his +own hand while the Captain was asleep, and Gillam is supposed to be +the man that Incouraged the Ship's Company to turn Pyrats, and that +ship has ever since been robbing in the Red Sea and Seas of India, and +taken an Incredible deal of wealth; if one may believe the reports of +men that are lately come from Madagascar, and that saw the _Mocha_ +frigat there, she has taken above two millions sterling. I have been +so lucky as to take James Gillam, and he is now in Irons in the Goal +of this town, and at the same time with him was sie[ze]d one Francis +Dole,[5] in whose house he was harboured, who proves to be one of +Hore's Crew, H[ore] one of Colonel Fletcher's Pyrates commissioned by +him from New York; Dole is also committed to Goal. My taking of Gillam +was so very accidentall that I cannot forbear giving your Lordships a +narrative of it, and one would believe there was a strange fatality in +that m[an's] Starrs. On Saturday the 11th Instant late in the evening +I had a letter from Colonel Sanford,[6] Judge [of] the Admiralty Court +in Rhode-Island, giving me an account that Gillam had been there, but +was come towards Boston a fortnight before, in order to ship himselfe +for some of the Islands, Jamaica or Barbados, that he was troubled he +knew it not sooner, and was affraid his Intelligence would come too +late to me; that the Messenger he sent knew the Mare Gillam rode on +[to] this town. I was in despair of finding the man, because Colonel +Sanford writ to me that he was g[one] to this town so long a time as a +fortnight before that; however I sent for an honest Constable I had +made use of in the apprehending of Kidd and his men, and sent him with +Colonel Sanford's Messenger to examine and search all the Inns in Town +for the mare, and at the first Inn they went to, they found her tied +up in the yard; the people of the Inn reported that the man that +brought her thither, had lighted off her about a quarter of an hour +before, had there tied her, but went away without saying anything to +anybody. Upon notice of this I gave order to the Master of the Inn +that if any body came to look after the mare, he should be sure to +seize and secure him, but no body came for her. The next morning which +was Sunday I summoned [a] Council, and we published a Proclamation, +wherein I promised a reward of 200[l.] for the seizing and securing +Gillam, whereupon there was the strictest search [all that] day, and +the next, that was ever made in this part of the world, but we had +missed him, if I had not been Informed of one Captain Knot, as an old +Pyrate and therefore likely [to k]now where Gillam was concealed.[7] I +sent for Knot and examined him, promising h[im if h]e would make an +Ingenious Confession, I would not molest or prosecute him; he seemed +[mu]ch disturbed, but would not confesse anything to purpose. I then +sent for his wife and examined her on oath apart from her husband, and +she confessed that one who went by the [name] of James Kelly had +lodged severall nights in her house, but for some nights past [lo]dged +as she believed in Charlestown Crosse the River. I knew he went by the +name of Kelly, [the]n I examined Captain Knot again, telling him his +wife had been more free and ingenious [tha]n him, which made him +believe she had told all; and then he told me of Francis Dole in +Charlestown, and that he believed Gillam would be found there. I sent +half a dousin men immediately over the water to Charlestown and Knot +with them, they beset the house, and searched it but found not the +man, Dole affirming with many protestations he was not there, neither +knew [of] any such man. Two of the men went through a field behind +Dole's house, and passing [thr]ough a second field they met a man in +the dark (for it was ten a clock at night) whom they [seize]d at all +adventures, and it happened as oddly as luckily to be Gillam, he had +been treating [some] young women some few miles off in the Country, +and was returning at night to his Landlord Dole's house, and so was +met with. I examined him, but he denied everything, even that he came +with Kidd from Madagascar, or ever saw him in his life; but Captain +Davies,[8] who also came thence with Kidd, and all Kidd's men, are +positive he is the man and that he went by his true name viz. Gillam, +all the while he was on the voyage with them, and Mr. Campbel the +Postmaster of this town (whom I sent to treat with Kidd) offers to +swear this is the man he saw on [bo]ard Kidd's sloop under the name of +James Gillam. He is the most impudent hardened V[illai]n I ever saw +in my whole life. That which led me to an Inquiry and search after +this man [was t]he Information of William Cuthbert on oath, which I +sent your Lordships with my packet of the 26th of this last July,[9] +wherein Cuthbert Informs that being lately in the East India Company's +service [it w]as commonly reported there that Gillam had killed +Captain Edgecomb with his own hand, that he had [s]erved the Mogul, +turned Mahometan and was Circumcised. I had him searched by a +[su]rgeon and also by a Jew in this Town, to know if he were +Circumcised, and they have both declared on oath that he is. Mr. +Cutler the surgeon's[10] deposition goes (No. 1) and Mr. Frazon the +Jew's (No. 2).[11] The rest of the Evidences about Gillam and some +other Pyrates go numbered from 3 to 23 inclusive, which I recommend to +your Lordships perusall, as what will inform you of the strange +Countenance given to Pyrats by the Government and people of +[Rhode]-Island. I have numbered the papers in order of time and +according to their dates: most have reference to Gillam, some to Kidd. +In searching the forementioned Captain Knot's house [a smal]l trunk +was found with some remnants of East India goods, and a Letter from +Kidd's wife to Captain Thomas Pain an old Pyrat living on Canonicot +Island in Rhode Island Governm[ent.][12] The affidavit he made when I +was at Rhode-Island goes numbered among the other evide[nce.] He then +made oath that he had received nothing from Kidd's sloop when she lay +at anchor by [_torn_] Island, yet by Knot's deposition your Lordships +will find, he was sent with Mrs. Kidd's letter to Pa[in for] 24 ounces +of gold, which Knot accordingly brought; and Mrs. Kidd's Injunction to +Pain to keep a[ll the] rest that was left with him till further order, +was a plain Indication that there was a good deal of [trea]sure still +behind in Pain's Custody, therefore I posted away a messenger to +Governor Crans[ton][13] and Colonel Sanford to make a strict search of +Pain's house before he could have notice; it see[ms] nothing was then +found, but Pain has since produced 18 ounces and odd weight of gold, +as appears by Cranston's Letter of the 25th Instant and pretends it +was bestowed on him by Kidd, hoping that may p[rove (?)] a salvo for +the oath he made when I was in Rhode-Island, but I think it is plain +he forswore himselfe then, and I am of opinion he has a great deal +more of Kidd's gold still in his hands. [But] he is out of my power, +and being in that Government I cannot compell him to deliver up th.... + +[Footnote 2: The letter in which no. 83 was enclosed; its substance is +given in _Cal. St. P. Col._, 1699, pp. 486-490.] + +[Footnote 3: See doc. no. 77, note 8.] + +[Footnote 4: See doc. no. 65, note 18, and no. 74, note 2.] + +[Footnote 5: Francis Dowell, of Wapping Street, Charlestown, mariner. +T.B. Wyman, _Genealogies and Estates of Charlestown_, I. 301.] + +[Footnote 6: Peleg Sandford, governor of Rhode Island 1680-1683.] + +[Footnote 7: Andrew Knott's examination shows that he and Gillam had +known each other in Virginia years before, and had sailed together +under a privateer captain, making many prizes in the South Sea, +possibly in the expedition narrated in docs. no. 44 and no. 45. See +also doc. no. 68, paragraph 16 and note 18.] + +[Footnote 8: Edward Davis of London, originally boatswain of the +_Fidelia_ (see doc. no. 90), whose deposition is in _Commons Journal_, +XIII. 28.] + +[Footnote 9: _Commons Journal_, XIII. 26; narrative of William +Cuthbert, late gunner of the ship _Charles the Second_.] + +[Footnote 10: John Cutler was a Dutch surgeon named De Messenmaker, +who on settling in New England translated his name into Cutler. His +marriage record in the town records of Hingham begins, "Johannes +Demesmaker, a Dutchman (who say his name in English is John Cutler)", +etc.] + +[Footnote 11: Joseph Frazon, died 1704, buried in the Jewish cemetery +at Newport. The anonymous author of the anti-Mather pamphlet, _A +Modest Enquiry_ (London, 1707, reprinted in Mass. Hist. Soc., _Coll._, +fifth ser., VI.), p. 80*, accuses Cotton Mather of having "attempted a +Pretended Vision, to have converted Mr. Frasier a Jew, who had before +conceiv'd some good Notions of Christianity: The Consequence was, that +the Forgery was so plainly detected that Mr. C.M. confest it; after +which Mr. Frasier would never be perswaded to hear any more of +Christianity".] + +[Footnote 12: Doc. no. 80.] + +[Footnote 13: Samuel Cranston, governor of Rhode Island 1698-1728.] + +Your Lordships will find in Captain Coddington's narrative number +35[14] and sent with my Report dated the 27th Instant an Inventory of +gold and Jew[els] in Governor Cranston's hands which he took from a +Pyrat. I see no reason why he should keep them ... so far from that, +that he (with submission) ought to be called to an account for +Conniving at the Py[rats] making that Island their Sanctuary, and +suffering some to escape from Justice. If there be an order sent to +him to deliver what gold and jewels is contained in the said +Inventory, and also the formentio[ned] parcel of gold which he +received from Pain, with all other goods and treasure which he has at +any time rec[eived] from Privateers or Pyrates, into my hands for the +use of his Majesty, and that upon oath, I will [see] the order +executed, and will give a faithfull account thereof according to the +order I shall re[ceive]. + +[Footnote 14: Nathaniel Coddington of Newport, register of the court +of admiralty in Rhode Island.] + +Four pound weight of the gold brought from Gardiner's Island which I +formerly acquainted your Lordships of, and all the Jewels, belonged +to Gillam, as Mr. Gardiner's Letter to Mr. Dummer,[15] a Marchand in +t[he] town and one of the Committee appointed by me and the Council to +receive all the treasure and goods which [were] brought in Kidd's +sloop, will prove; and there is some proof of it in Captain +Coddington's b[efore men]tioned narrative, and in Captain Knot's +deposition of the 14th Instant. I am told that as Vice A[dmiral] of +these provinces I am entitled to 1/3 part of Gillam's said gold and +Jewels; I know not whe[ther I] am or no, but if it be my right I hope +your Lordships will please to represent to the King the ext[reme] +pains and vigilance I have used in taking these severall Pyrates, and +that I may have my [por]tion of the said gold and Jewels, if there be +any due to me. It is a great prejudice to the King's s[ervice] that +here is no Revenue or other fund to answer any occasion or service of +Majestys. I have [been] forced to disburse the 200 pieces of 8/8 for +the taking of Gillam out of my own little stock and also to [de]fray +my journey and other expences in going to Rhode-Island to execute the +King's Commission [and] Instructions. Both accounts I now send, and +beg your Lordships favour in promoting and Countenancing the payment +of that mony to Sir John Stanley for my use. Captain Gullock[16] tells +[me] that 15 or 16 of the ship's Company that would not be concerned +with Gillam and his accomplices in murdering Captain Edgecomb, and +afterwards turning Pyrates, went home to England in [the] Ship +_America_ belonging to the East India Company, Captain Laycock +Commander. I should thi[nk an] advertisement in the Gazette requiring +some of those men to appear before one of the Sec[retaries] of State +to give their evidence of what they know of that matter, would be +proper. + +[Footnote 15: Jeremiah Dummer the elder, father of the publicist.] + +[Footnote 16: Thomas Gullock was the captain of the ship which Bradish +had run away with. Sir John Stanley was an official of the lord +chamberlain's office.] + +[Your] Lordships will meet with a passe among the other papers, number +5, to Sion Arnold, one of the [pirat]es brought from Madagascar by +Shelley of New York, the said passe signed by Mr. Basse,[17] +[Go]vernor of East and West Jerzies, which is a bold step in Basse +after such positive orders as he received from [Govern]or[18] Vernon, +but I perceive plainly the meaning of it, he took severall Pirats at +Burlington [in West] Jerzey, and a good store of mony with them as it +is said, and I daresay he would be glad they [should] escape, for when +they are gone, who can witnesse what money he seized with them? I know +[the] man so well, that I verily believe that is his plot. John Carr +mentioned in some of the [papers to (?)] be in Rhode Island, No. 6, +was one of Hore's Crew. There are abundance of other Pyrats in that +[Is]land at this time, but they are out of my power. Mr. Brinley,[19] +Colonel Sanford, and Captain Coddington are honest men, and of the +best estates in the Island, and because they are heartily [wea]ry of +the male administrations of that Government, and because too I +commissioned them (by [virt]ue of the authority and power given me by +his Majesty's Commission and Instructions so to do) to [make] Inquiry +into the Irregularities of those people, they are become strangely +odious to them and [are o]ften affronted by them, neither will they +make them Justices of the peace; so that when they [w]ould commit +Pyrates to Goal, they are forced to go to the Governor for his +Warrant, and very ... ly the Pyrates get notice, and avoid the Warrant +for that time. You may please to o[bser]ve too that Gardiner the +Deputy Collector[20] is accused to have been once a Pyrat, in one of +the [paper]s. I doubt he will forswear himselfe rather than part with +Gillam's gold which is in his hands. [It is] impossible for me to +transmit to the Lords of the Treasury these proofs against Gardiner. +[I am] so jaded with writing, that I cannot write to them by this +Conveyance, but I could wish [your Lordships might be (?)] made +acquainted with Gardiner's Character, and that they would send over +honest In----t men to be Collectors of Rhode Island, Conecticut, and +New Hampshire; and that they [would h]asten Mr. Brenton[21] hither to +his post, or send some other Collector in his room. I could [wish] +that Mr. Weaver were ordered to hasten to New York. Your Lordships may +please to observe that [Knott] in one of his depositions accuses +Gillam to have pyrated four years together in the [Sou]th sea against +the Spaniards. + +[Footnote 17: On Shelley, see doc. no. 73, note 6. Jeremiah Basse was +deputy-governor of East and West New Jersey from 1697 to 1699. In a +letter of June 9 to Secretary Popple, _N.J. Archives_, first ser., II. +286-287, he describes his activity in manning a sloop and in person +capturing four of Shelley's men at Cape May, and committing them to +Burlington jail. "In their Chestes are about seaven thousand eight +hundred Rix dollars and Venetians, about thirty pound of melted +silver, a parcell of Arabian and Christian Gold, some necklases of +Amber and Corrall, sundry peaces of India silkes."] + +[Footnote 18: If the word is Governor, it should be Secretary.] + +[Footnote 19: Francis Brinley, one of the chief Newport merchants; he +had been a member of Andros's council.] + +[Footnote 20: Robert Gardiner of Newport.] + +[Footnote 21: Jahleel Brenton, for many years, beginning in 1691, +collector and surveyor of the customs for New England (and thus +Gardiner's superior officer) had gone to England as agent of Rhode +Island in her boundary dispute with Connecticut. Thomas Weaver, who +had been appointed collector for New York, was in London as agent for +that province.] + +We have advice that Burk an Irishman and Pyrat that committed severall +robberies on th[e] [coast] of Newfoundland, is drowned with all his +ship's Company, except 7 or 8 persons somewh[ere to the] southward. It +is said he perished in the hurrican that was in those Seas about the +end of [July and] beginning of August last. It is good news, he was +very strong if we may believe report, [and is s]aid to have had a good +ship with a 140 men, and 24 guns. + +[Bra]dish and Wetherley have a slight extraordinary in attempting to +escape, they [made] two attempts since they were last committed, once +they broke the floor of the prison and thought to escape that way, but +that failing them, within a night or two they filed off their fetters, +upon which I ordered them to be manicled, and chained to one another. +I believe this new Goaler I have got is honest, otherwise I should be +very uneasy for fear these Pyrats should escape....[22] + +[Footnote 22: The rest of the letter has nothing to do with Kidd or +other pirates.] + +I conclude with all respect + +My Lords + +Your Lordships most humble and obedient Servant + +BELLOMONT. + + +_86. Information of Henry Bolton. February 4, 1701._[1] + +[Footnote 1: From the manuscripts of the Duke of Portland at Welbeck +Abbey, a copy having been kindly furnished by the Rev. Richard W. +Goulding, librarian to the duke. The date Feb. 4, 1700, means Feb. 4, +1701, new style. Bolton's previous history and his relations with Kidd +are sufficiently shown by this and preceding documents. In 1700 he had +been shipped to England from Jamaica, and he was now, or at any rate +on Dec. 22, 1700, in Newgate prison under charges of piracy. _Cal. St. +P. Col._, 1700, p. 760.] + +Information of Henry Bolton. + +4th of February 1700 + +Being required by the Right hono'ble the Commission'rs for Executing +the office of High Admiral of England, Ireland etc. to informe their +Lord'ps of the place of my nativity, manner of Living for some time in +the West Indies, and particularly of my meeting and Transactions with +Capt. Kidd, I presume to make the following Answer, being the best and +fullest I can make at present having neither my Books or papers in +this Kingdome. + +That I was born in Worcestershire about the yeare 1672 and in the year +1697 was Deputed by the Commissioners of his Maj'ties Customes for the +Leeward Islands to be Collector for the Island of Antigua. + +That in the year 1698 following I quitted that Imployment[2] and +followed Merchandizing about the said Leeward Islands. + +[Footnote 2: He was removed, and at the time of his removal he owed +the crown about L500. _Ibid._, p. 603.] + +That in February 1698/9 I sailed from Antigua in the Sloop _St. +Antonie_, Samuel Wood Master, on a Trading Voyage amongst the Dutch +and Spaniards. The Markett at Curacoa (a Dutch Island) not answering +my Ends I went to Rio De la Hacha,[3] and there sold my Cargoe, and +Loaded my Sloope with Stock Fish [and] Wood on Freight for Curacoa +aforesaid, which I there Landed and departed for the Island of Porto +Rico with intention to Trade with the Inhabitants of that Island, +having a Cargo on Board for that purpose. + +[Footnote 3: On the Spanish Main, or north coast of South America, +about 300 miles west of Curacao.] + +That in that Voyage in the Moneth of Aprill 1699 being becalmed to the +N.N.E. of the Island Mona the Men belonging to the Sloop discovered a +Sail E. and B.S.[4] from Mona which the Pilote of the Sloope supposed +to be a Guarda Costa, a small vessell fitted out by the Spanish +Governors to clear the Coast of Foreign Traders. A few houres after +Wee discovered a Cannoa, which drawing near the Sloope, Wee hailed the +said Cannoa. They answered from Whitehall. Wee demanded who Commanded +their Shipp. They Replyed Capt. Kidd. Then he that stired[5] the +Cannoa was desired to come on Board. After he came he told me his name +was John Ware, and that he was Master of Capt. Kidd's Ship, requesting +that I would goe on Board in the Cannoa to see Capt. Kidd which +accordingly I did. When I came there Captain Kidd askt me to sell him +my Sloope in regard his Ship was disabled and could not well proceed +the voyage he intended for New Yorke, and finding me unwilling he then +askt if I could not procure him a Vessell. I answered possibly I might +at Curacao, upon which he desired me to use my Endeavors there to get +him a Sloope, and procure him some Buyers or Chapmen[6] for his +Calicos and Muslings, And that he would consider me for my paynes. + +[Footnote 4: East and by south, _i.e._, midway between east and +eastsoutheast.] + +[Footnote 5: Steered.] + +[Footnote 6: _I.e._, Some customers or some selling agents.] + +That thereupon I departed from Capt. Kidd and went for Curacao where I +applyed my selfe to Mr John Stonehouse and Mr Walter Gribble[7] +(Acquaintance of Captain Kidd) who promised to send A Sloope to him. I +also Endeavored to procure him some Buyers for the Muslings and +Callicos. + +[Footnote 7: See doc. no. 76, note 21.] + +That after doing my Errand and business at Curacao I ordered the +Master of the Sloope to shape his Course for the West End of Porto +Rico, But the Wind proving Northerly Wee fell in with the East end of +Savona and plyed to Winward for Mona in order to meet Captain Kidd, +which I there did according to Appointm't and with him a Dutch Sloope, +Jean Vander Bist Master, and a French Turtler, the Master's name I +have forgot; Captain Kidd waited at Mona for the Curacao vessells But +the Wind being about No. and from thence to NNE they could not +possibly Fetch Mona, So Captain Kidd's patience being tyred gott his +ship under Saile and intended to Weather point Esperdo,[8] the +Eastermost part of Hispaniola, but the Deficiencies of his Ship being +so great he bore away for the West end of Savona, and there Anchored. +a Day or two afterwards came into Our Company the Brigandin _Mary +Gold_, George Lorriston Master, and the _Elenora_, John Duncan Master. +Then Cap't Kidd weighed Anchor with the sloop _Spey_, John Vander Bist +Master, and Brigandine _Mary Gold_, sailed for the River Higuey in the +Island Hispaniola where Arriving he moored his ship across the River +to the Stumps of Trees or Rocks on shoar. + +[Footnote 8: Punta Espada.] + +That there Capt. Kidd disposed of wine, part of his Cargoe, to +severall that came on Board to him And that at the same time I sold +him the Sloope _St. Antonio_. + +That Capt. Kidd tooke severall Goods out of his ship, and put them on +Board the Sloope I sould him and left his owne ship in the River +Higuey and desired me to doe him all the service I could in selling +and disposeing of the Goods left on Board of the said ship for Account +of the Owners of the _Adventure Galley_. + +That Captain Kidd told me that my Lord Bellomont and my Lord of +Orford[9] and himselfe were some of the _Adventure Galleys_ owners and +to the best of my Remembrance Sir John Somers. + +[Footnote 9: The Sir Edward Russell of doc. no. 71, note 1. He had +been created earl of Orford in 1697.] + +That Capt. Kidd shewed me a Commission under the Great Seale signed at +the Topp William Rex and another Commission signed by the Lords of the +Admiralty, the purport of neither of which I can remember, onely Capt. +Kidd sayd his Commissions impowred him to take pirates and the +subjects of the French King. + +That Capt. Kidd at his going to New Yorke promised to return himselfe +or send some other persons in two Moneths time to bring Necessaryes +for refitting his said ship the _Adventure Prize_ and also a +Condemnation for the said ship and Goods and to indempnifye all +persons that should purchase any of the said Goods, alledging that the +said ship was a lawfull prize being taken with a French passe which +Captain Kidd shewed me, and actually in the time of War with +France.[10] + +[Footnote 10: See doc. no. 76, note 9.] + +That after the Departure of Capt. Kidd the Seamen shiped by him in the +said ship did plunder and convert to their owne uses the best and most +choicest of the goods of the said ships Cargoe, which did not come to +my Knowledge till they had been near Five Weeks on board the said +ship, and indeed it was out of my power to prevent them had I +discovered it sooner being only myselfe and Negro Boy, And they were +Eighteen in numbers. + +That the said Seamen belonging to the said ship as afores'd when they +found I was not ignorant of their villanies openly declared they would +not stay longer on board the said ship, but being terrified with the +thoughts of Capt Kidds returning, they Joyned all (saving the +Boatswaine) and came on the Quarter Deck and said I might remain in +the ship and be damned for they would stay no longer. The Man that +thus affronted me I shoved on the main Deck[11] and ordered the rest +to go on the Main Deck likewise and told them they had engaged +themselves to Capt. Kidd to stay on board the ship as long as I should +be there, And that I was resolved to stay till the two Months in which +Capt. Kidd promised to return were expired unless some Extraordinary +Accident intervened: I also charged them with stealing out of the +Ships Hould severall Bales of Goods And that if they went from the +Ship before Capt. Kidd's Arrivall I was oblidged as his Friend and in +my owne Justification to write to all Governm'ts in those parts to +have them secured; this calmed them for two or three dayes. + +[Footnote 11: _I.e._, shoved down from the quarter-deck onto the main +deck.] + +That the said Seamen did again Joyne and draw up a Paper directed to +me setting forth their Resolution of leaving the Ship and signed with +their names within a Circle commonly called a Round Robin, so gott on +board A Sloope and went for the Island Curacao leaving the Ship to me +and three more. + +That after the departure of the said Seamen I stayd about a Week in +the ship and would have stayed longer had not a Friend of myne sent a +Sloope Express from Curacao to informe me the Spaniards of the Citty +of St. Domingo[12] were arming out a Brigandine to come and take us, +which induced me to leave the said ship _Adventure Prize_ in the said +River Higuey and went to the Island Curacao in order to protest ag't +the Seamen as aforesaid and to get what satisfaction the Law would +allow, For at that time they had most of them three or Four hundred +pounds a Man. But the said Seamen had gained their Ends so farr in the +Governm't that the Governor would not admitt me to stay in Curacao +tho' at the same time John Ware Master of Capt. Kidd's ship and the +said seamen were there openly protected; I do not charge this on the +Govern'r[13] (who is since dead) For I should be very sorry to +disturbe the Ashes of so good a Gentleman as I believe he was, but on +some of his Councill that did not desire I should face them. + +[Footnote 12: Not a hundred miles away.] + +[Footnote 13: Bastiaen (Sebastian) Bernage.] + +That I have not received of the produce of the Goods Capt. Kidd left +upwards of three hundred and Eighty peices of Eight, all the rest is +in Debts outstanding which is much less than my Charges.[14] + +[Footnote 14: But John Ruggles, master's mate of the _Primrose_ of +Boston, testified that, drinking in a public house at Charles Town, +Nevis, with William Cheesers and William Daniel, he heard the former +say that Bolton had got L16,000 by Captain Kidd. _Cal. St. P. Col._, +1699, p. 416.] + +This is the full that presents to my Memory in Answer to their Lord'ps +Demands February 4th, 1700. + +HEN. BOLTON. + + +_87. William Kidd to the Speaker of the House of Commons (Robert +Harley). April (?), 1701._[1] + +[Footnote 1: From the manuscripts of the Duke of Portland at Welbeck +Abbey. The Historical Manuscripts Commission's calendar of those +archives, IV. 16, wrongly gives this petition the same date as the +next document, May 12, 1701. This petition was written before the +trials, which occurred on May 8 and 9, but after Kidd's appearances +before the House of Commons, which occurred on Mar. 27 and 31; +_Commons Journal_, XIII. 441, 463. Kidd, Gillam, Bradish, Witherley, +and 28 other pirates, mostly members of Kidd's crew, were shipped from +Boston soon after March 6, 1700 (eight months after his arrest), on +the _Advice_ frigate, and arrived in the Downs Apr. 11, the day on +which King William brought to an end, by prorogation, the session of +Parliament. In that session, chiefly as a means of attacking Somers, +the lord chancellor, a party in the House of Commons had assailed the +grant of letters patent under which Kidd's enterprise had been +undertaken (Dec. 6, 1699). They were outvoted, but on Mar. 16, 1700, a +vote was passed for addressing the king that Kidd should not be tried, +discharged, or pardoned till the next session of Parliament. The +Admiralty concurred, May 2. The new Parliament came together Feb. 6, +1701; Harley was chosen speaker Feb. 11; the impeachment of Somers and +Orford, in which the contract with Kidd was made the basis of one +article, was voted Apr. 14.] + +_May it please Y'r Hon'r_ + +The long Imprisonment I have undergone, or the tryall I am to +undergoe, are not soe great an affliction to me, as my not being able +to give your Hon'ble House of Commons such satisfaction as was +Expected from me. I hope I have not offended against the Law, but if I +have, It was the fault of others who knew better, and made me the Tool +of their Ambition and Avarice, and who now perhaps think it their +Interest that I should be removed out of the world. + +I did not seek the Commission I undertook, but was partly Cajold, and +partly menac'd into it by the Lord Bellomont, and one Robert +Livingston of New York, who was the projector, promoter, and Chief +Manager of that designe, and who only can give your House a +satisfactory account of all the Transactions of my Owners. He was the +man admitted into their Closets, and received their private +Instructions, which he kept in his own hands, and who encouraged me in +their names to doe more than I ever did, and to act without regard to +my Commission. I would not Exceed my Authority, and took noe other +ships than such as had French passes, which I brought with me to New +England, and relyed upon for my Justification. But my Lord Bellomont +seized upon them together with my Cargoe, and tho he promised to send +them into England, yet has he detained part of the effects, kept these +passes wholly from me, and has stript me of all the Defence I have to +make, which is such Barbarous, as well as dishonorable usage, as I +hope Your Hon'ble House will not let an Englishman suffer, how +unfortunate soever his Circumstances are; but will intercede with his +Maj'ty to defer my tryall till I can have those passes, and that +Livingston may be brought under Your Examination, and Confronted by +me.[2] + +[Footnote 2: Whether the presence of the French passes at the trial +for piracy would have brought about Kidd's acquittal may be doubted, +courts of justice being what they were; at all events Kidd, though he +clamored for them from the day of his arrival in the Downs (_Portland +MSS._, VIII. 78) till the day he was sentenced, was never able to +recover them. The admiralty court refused to consider them. "Where are +they?" said the Lord Chief Baron Ward. Kidd's counsel could only +reply, "We cannot yet tell whether they are in the Admiralty-Office, +or whether Mr. Jodrell [clerk of the House of Commons] hath them". +_State Trials_, V. 290. In point of fact the House of Commons, which +had had all the papers before it for examination, had on Apr. 16, on +information that Kidd desired the use of his papers at his trial, +ordered the clerk to deliver them to the secretary of the Admiralty. +_Commons Journal_, XIII. 379, 380, 496.--A photographic facsimile of +the pass of the _Cara_ (_Quedah_) _Merchant_ is in Paine, _Book of +Buried Treasure_, at p. 104.] + +I cannot be so unjust to my selfe, as to plead to an Indictment till +the French passes are restored to me, unlesse I would be accessary to +my own destruction,[3] for though I can make proof that the ships I +took had such passes, I am advised by Council, that It will little +avail me without producing the passes themselves. I was in great +Consternation when I was before that great Assembly, Your Hon'ble +House, which with the disadvantages of a mean Capacity, want of +Education, and a Spirit Cramped by Long Confinem't, made me Uncapable +of representing my Case; and I have therefore presumed to send your +Honor a short and true state of It, which I humbly beg Your Honors +perusall, and Communication of to the House, if you think it worthy +their Notice.[4] + +[Footnote 3: So when first arraigned, he tried to avoid pleading +(_ibid._, 287), but he was tried first for the murder of William +Moore, on which the passes had no bearing. William Moore was an +insubordinate gunner; after an altercation, Kidd hit him on the head +with a bucket, and he died. It was probably manslaughter, but the jury +sustained the indictment for murder. After being condemned for murder, +Kidd was tried (unfairly in several particulars) and condemned for +piracy.] + +[Footnote 4: Not doc. no. 88, I judge, but more probably the "Protest" +printed in _Portland MSS._, VIII. 78-80, a statement of Kidd's case +which he had drawn up at Boston and on arrival in the Downs had sent +to Orford.] + +I humbly crave leave to acquaint Your Honor that I was not privy to my +being sent for up to Your House the second time, nor to the paper +lately printed in my name[5] (both which may justly give Offence to +the House) but I owe the first to a Coffeeman in the Court of Wards +who designed to make a shew of me, for his profit; and the latter was +done by one Newy a prisoner in Newgate to get money for his support, +at the hazard of my safety. + +[Footnote 5: I cannot identify this paper (probably a broadside), but +the ingenious Newy was doubtless the author of _Captain Charles Newy's +Case, impartially laid open: or a ... Narrative of the Clandestine +Proceedings aginst_ (sic) _him, as it was hatched ... and ... carried +on by Mrs. M. Newey, widdow_ (London, 1700), a pamphlet which I have +not seen, but of which there is a copy in the British Museum.] + +I humbly beg the Compassion and protection of the Hon'ble House of +Commons, and Your Honors intercession with them on behalfe of + +Your Honors + +Most Dutifull and Distressed Serv't + +WM. KIDD. + + +_88. William Kidd to Robert Harley [?]. May 12, 1701._[1] + +[Footnote 1: From the manuscripts of the Duke of Portland at Welbeck +Abbey. See doc. no. 87, and notes. The trials had taken place on May 8 +and 9, and Kidd was now under sentence. He was hanged at Wapping on +the shore of the Thames, May 23, 1701. The precept, or order for his +execution, at Wapping "infra fluxum et refluxum maris" (_i.e._, +between high-water and low-water mark, according to admiralty custom), +is quoted in Marsden, _Law and Custom of the Sea_ (Navy Records +Society), II. 263.] + +_S'r_ + +The Sence of my present Condition (being under Condemnation) and the +thoughts of haveing bene imposed on by such as seek't my destruction +therby to fulfill their ambitious desieres makes me uncapable of +Expressing my selfe in those terms as I ought, therefore doe most +humbly pray that you will be pleased to represent to the Hon'bl. +house of Commons that in my late proceedings in the Indies I have +Lodged goods and Tresure to the value of one hundred thousand +pounds[2] which I desiere the Government may have the benefitt of, in +order thereto I shall desiere no manner of liberty but to be kept +prisonner on board such shipp as may be appointed for that purpose, +and only give the necessary directions, and in case I faile therein I +desiere no favour but to be forthwith Executed acording to my +Sentance. if y'r honbl. house will please to order a Committee to come +to me I doubt not but to give such satisfaction as may obtaine mercy, +most Humbly submitting to the wisdom of your great assembly I am + +S'r Y'r Unfortunate humble servant + +WM. KIDD + +NEW GATE + 12th May 1701 + +[Footnote 2: His first figure, as quoted by Bellomont in doc. no. 77, +was L30,000.] + + +_89. Captain Kid's Farewel to the Seas; or, the Famous Pirate's +Lament. 1701._[1] + +[Footnote 1: Of this ballad, contemporary with Kidd's execution, there +is a unique copy in the famous collection of pamphlets belonging to +the Earl of Crawford, from which it is reprinted in Professor Firth's +_Naval Songs and Ballads_, pp. 134-37, published by the Navy Records +Society. By oral transmission it had wide currency in New England. +There are bits of it in Palfrey, _New England_, IV. 185, and in +Watson's _Annals of Philadelphia_, ed. 1830, p. 464; and the editor +remembers hearing his Salem grandmother sing parts of it. Professor +George L. Kittredge says that the Harvard College Library has a +broadside of this American version, printed in Boston about 1810-1820, +which, with some differences in the order of stanzas, is printed in +Dr. E.E. Hale's _New England History in Ballads_, pp. 40-46. The +original version, which we print, purports to be written between +sentence and execution, May 9-23, 1701, and follows closely the chief +incidents brought out in the trials, and in the documents which +precede.] + +To the Tune of _Coming down_. + + My name is Captain Kid, who has sail' [who has sail'd], + My name is Captain Kid, who has sail'd; + My name is Captain Kid. + What the laws did still forbid + Unluckily I did while I sail'd [while I sailed, etc.]. + + Upon the ocean wide, when I sail'd, etc., + Upon the ocean wide, when I sail'd, + Upon the ocean wide + I robbed on every side, + With most ambitious pride, when I sail'd. + + My faults I will display while I sail'd, etc., + My faults I will display while I sail'd; + My faults I will display, + Committed day by day + [_A line lost._] + + Many long leagues from shore when I sail'd, etc., + Many long leagues from shore when I sail'd, + Many long leagues from shore + I murdered William More, + And laid him in his gore, when I sail'd, + + Because a word he spoke when I sail'd, etc., + Because a word he spoke when I sail'd, + Because a word he spoke, + I with a bucket broke + His scull at one sad stroke, while I sail'd.[2] + + I struck with a good will when I sail'd, etc., + I struck with a good will when I sail'd; + I struck with a good will, + And did a gunner kill + As being cruel still when I sail'd. + + A Quida merchant[3] then while I sail'd, etc., + A Quida merchant then while I sail'd, + A Quida merchant then + I robbed of hundreds ten, + Assisted by my men, while I sailed. + + A banker's ship of France,[4] while I sailed, etc., + A banker's ship of France, while I sailed, + A banker's ship of France + Before us did advance: + I seized her by chance, while I sailed. + + Full fourteen ships I see when I sailed, etc., + Full fourteen ships I see when I sailed; + Full fourteen ships I see, + Merchants of high degree; + They were too hard for me when I sailed.[5] + + We steered from sound to sound while we sailed, + We steered from sound to sound while we sailed; + We steered from sound to sound, + A Moorish ship we found; + Her men we stript and bound while we sailed. + + Upon the ocean seas while we sailed, etc., + Upon the ocean seas while we sailed, + Upon the ocean seas + A warlike Portuguese + In sport did us displease, while we sailed. + + At famous Malabar when we sailed, etc., + At famous Malabar when we sailed, + At famous Malabar + We went ashore, each tar, + And robbed the natives there, when we sailed. + + Then after this we chased, while we sailed, + Then after this we chased, while we sailed, + Then after this we chased + A rich Armenian, graced + With wealth, which we embraced, while we sailed. + + Many Moorish ships we took while we sailed, + Many Moorish ships we took while we sailed, + Many Moorish ships we took; + We did still for plunder look; + All conscience we forsook while we sailed. + + I, Captain Cullifoord, while I sailed, etc., + I, Captain Cullifoord, while I sailed, + I, Captain Cullifoord, + Did many merchants board, + Which did much wealth afford, while we sailed. + + Two hundred bars of gold, while we sail'd, etc., + Two hundred bars of gold, while we sailed, + Two hundred bars of gold + And rix dollars manifold + We seized uncontrolled, while we sailed. + + _St. John_, a ship of fame,[6] when we sailed, etc., + _St. John_, a ship of fame, when we sailed, + _St. John_, a ship of fame, + We plundered when she came, + With more that I could name, when we sailed. + + We taken was at last, and must die, etc., + We taken was at last, and must die; + We taken were at last, + And into prison cast: + Now, sentence being past, we must die. + + Tho' we have reigned awhile we must die, etc., + Tho' we have reigned awhile we must die; + Tho' we have reigned awhile, + While fortune seemed to smile, + Now on the British Isle we must die. + + Farewel the ocean main, we must die, etc., + Farewel the ocean main, we must die; + Farewel the ocean main: + The coast of France or Spain + We ne'er shall see again; we must die. + + From Newgate now in carts we must go, etc., + [From Newgate now in carts we must goe;] + From Newgate now in carts, + With sad and heavy hearts, + To have our due deserts we must go. + + Some thousands they will flock when we die, + Some thousands they will flock when we die, + Some thousands they will flock + To Execution Dock, + Where we must stand the shock and must die. + +[Footnote 2: See doc. no. 87, note 3. Captain Kidd, says the record of +the trial (_State Trials_, V. 290), called Moore "a lousy dog". "Says +William Moore, 'If I am a lousy dog, you have made me so; you have +brought me to ruin, and many more'. Upon his saying this, says Captain +Kid, 'Have I ruined you, ye dog?' and took a bucket bound with iron +hoops and struck him on the right side of the head, of which he died +next day."] + +[Footnote 3: See document 76, note 9.] + +[Footnote 4: _I.e._, a French fishing ship, bound to the banks of +Newfoundland. See the second paragraph of doc. no. 76, Kidd's +statement.] + +[Footnote 5: The reference is to Kidd's projected, but abandoned, +attack on the "Mocha fleet" at Babs Key, near the mouth of the Red +Sea.] + +[Footnote 6: This ship I do not identify; the name is perhaps due to +misunderstanding of a passage in the trials.] + + + + +THE _FIDELIA_. + + +_90. Examination of William Sims. October 22, 1699._[1] + +[Footnote 1: Suffolk Court Files, Boston, no. 4682, paper 3. The case +is not precisely one of piracy, though piracy was at first suspected, +but rather of the receipt of piratical goods. Bellomont writes to the +Board of Trade, Oct. 24, 1699 (_Cal. St. P. Col._, 1699, p. 486), that +he had lately seized at Boston a ship and some East India goods; that +the officers of the custom house were not nimble enough or they had +got all the goods, worth above L2000; that that which first gave him a +"jealousy" of the ship was the fact that the master, William Sims, a +man formerly burnt in the hand for stealing, had gone forth a poor man +and come back master and half owner of a ship. The ship was seized, +condemned, and sold for the crown, and Sims committed to jail. He had +sailed as master of a sloop to Curacao, and thence to Crab Island +(Vieques, see doc. no. 72, note 5). _Ibid._, 499. Bellomont suspected +that what he found there in August had been derived from Kidd in May.] + +Suffolk SS. BOSTON, October 22, 1699 + nine a clock at night: + +The Examination of William Syms of Boston, Marriner, Master of the +Ship _Fidelia_, as followeth, Vizt. + +The Examinant saith That sometime in the month of August last past, he +being at Crabb Island in the West Indies, where was lying the sd Ship +_Fidelia_, one Tempest Rogers then Master of her,[2] of whome this +Examinant and John Brett of Antigua Merchant (then at the aforesd +Island) bought the sd Ship, and the Examinant was Ships' Master of +her, and after their buying of the sd Ship, the sd Rogers tooke out of +the sd Ship seaveral Bayles of Goods to the number of about twenty and +laded them upon the Sloop which he had of the Examin't in part payment +for the Ship, and left several bayles on board the Ship wch this +Examinant Supposeth the said Mr. Brett bought of him: said Rogers +declared that he came from the Coast of Guinea, saying also that he +had been at Madagascar, and the Examinant saw the sd Rogers Sell +several Bayles of Goods at Crabb Island to several Merchants that came +thither: which Bayles were opened and contained Silke Muslins and +other Muslins, Callico's and other East India Goods, and sd Rogers +said he had remitted home to his owners the value of Twenty seven +Thousand pounds in money by good bills of Exchange. and after the +Examin't left Crabb Island with his Ship he Stopt at Portreico,[3] +tooke in some Ballast and Provisions and came directly for New +England, Mr. Brett aforesd, his Merchant and part owner, being on +board, and when they came into the Massachusetts Bay as high as the +Gurnett[4] off Plymouth, they spoke to a Sloop that was then fishing +in the Bay to come onboard, and sd Brett treated with the sd Sloopmen, +and the Bayles then on board the sd Ship to the number of Fourteen or +Fifteen, containing (as the Examinant supposeth) East India Goods, +were put out of the Ship into the sd Sloop, and the Examinant and sd +Brett also went onboard of her leaving the Ship in charge with James +Williams the Mate, and came up to Boston in the Sloop bringing in her +the aforementioned Bayles, and arrived there on a Monday night about +the latter end of September last past about Eight aclock in the +Evening, at the Wharffe on the backside of the Queen's head Inn, and +the Examinant went with sd Brett into the aforesaid Inn to procure a +Lodging for him and then went directly home to his own house; Saith he +knows not when or where the sd Bayles were put on shore nor how +disposed of, he signed no Bills of Ladeing nor receipt for them: And +Saith he knows neither the Sloop nor men which brought them up; +Supposeth it to be a Sloop belonging to some Country Town lying on the +Sea Coast. Further the Examinant saith that the sd Brett was not +willing to have come with the sd Ship to New England but would have +gone to Carolina or East Jersey. + +WILLIAM SIMS + +Capt. Cor. ISA. ADDINGTON, J.Pc. + + [Marginal note] the sd Bayles were about three foot and a + halfe long, about a foot and a halfe over and something more + than a foot deep, each of them. + +[Footnote 2: She had cleared from London in November, 1697, for +Madagascar (testimony of Edward Davis, her boatswain, who on arrival +there in July, 1698, joined himself to Kidd, and came home with him, +_Commons Journal_, XIII. 28). After selling the _Fidelia_ and her +goods, alleged to be largely Kidd's, Capt. Tempest Rogers settled at +St. Thomas, where, says Richard Oglethorp (_Cal. St. P. Col._, +1706-1708, p. 24), "any piratt for a smale matter of money may bee +naterlized Deane"; there he became "a sworn Deane", removed to St. +Eustatius (Dutch), engaged in the contraband trade which these neutral +islands maintained during the war between Great Britain and France, +and finally died among the French--_ubi bene, ibi patria_.] + +[Footnote 3: Puerto Rico.] + +[Footnote 4: The Gurnet is the north point of the entrance to Plymouth +harbor.] + + + + +_LA PAIX._ + + +_91. Orders of Governor Nicholson to County Officers. April 28, +1700._[1] + +[Footnote 1: Oxford, Bodleian Library, MS. Rawlinson C. 933, fol. 8; +also in P.R.O., C.O. 5:1311, no. 16. The piracies of _La Paix_, inside +the capes of Virginia, show how bold the pirates had become, between +wars, and the story of her capture how real the danger. She was a +Dutch ship, which, seized by pirates, had run quite a career of +depredation in the West Indies before she and her consorts appeared in +Lynnhaven Bay. Her whole story is told in Bruce, _Institutional +History of Virginia_, II. 217-226, and there the history of her +capture may be followed consecutively, but the documents here +presented show vividly how the news of her villanies and of her fate +came to the authorities. The trial of the pirates is in C.O. 5:1411, +Public Record Office (transcript in the Library of Congress). Col. +Francis Nicholson was now governing Virginia for the second time, +1698-1705. Being himself in Elizabeth City County, he addresses these +orders to the commanders of the militia in York, the next county. +Gloucester, Middlesex, Lancaster, Northumberland, and Westmoreland, +named below, were, in succession, the maritime counties lying to the +northward.] + +Virginia SS. + +KIQUOTAN[2] Aprill 28th 1700 between +3 and 4 a Clock in the + afternoon. + +[Footnote 2: Hampton.] + +Capt. John Aldred, Commander of his Maj'tes Ship _Essex Prize_,[3] +hath just now given me an Account that there are 3 or 4 Ships or +vessels in Lynhaven-bay,[4] who are supposed to be pyrates. I doe +therefore in his Maj'tes Name command you that upon Sight hereof you +give Notice to the Commanders of the Ships and vessels in York River +that they take care of their Ships and vessels, and that you do +Imediately Order the Militia in your parts to be ready, and you must +fortwith dispatch an Express to the Colo. and Chief Officers of the +Militia of Gloster, whom I also hereby Command in his Maj'tes Name to +have their Militia ready, and they are forthwith to dispatch an +Express to the Colo. or chief officers of Middlesex, whom I doe also +in his Maj'tes Name Command to have their Militia ready, and they are +to give Notice to the Commanders of ships and vessells in +Rappahannock, that they may take care of their ships and vessels, and +the officers of Middlesex are imediatly to send an Express to the +Colo. and Chief officers of Lancaster, whom I do also in his Maj'tes +Name command to have their Militia ready, and if any Ship or vessel be +in their County, to give them Notice that they may take care of their +ships and vessels, and the oficers of Lancaster are forthwith to send +an Express to the Collo. or Chief officers of the Militia of +Northumberland, whom I do also in his Maj'tes Name Command to have +their Militia ready, and they are to give Notice to the Commanders of +ships or vessels in their County that they take care of their ships +and vessels, and the Colonel or Chief officers of Northumberland are +imediatly to send an Express to the Colo. or Chief Officers of the +Militia of Westmoreland, whom I doe also in his Maj'tes Name command +to have their Militia ready, and if any Ship or vessel be in their +County to give the Commanders Notice that they may take Care of their +Ships and vessels. The Colonel or Chief officers of Northumberland I +doe hereby Impower in his Maj'tes Name forthwith to press a good boat +and able men and send an account to any of his Maj'tes officers either +Military or Civill in his Maj'tes Province of Maryland, of these 3 or +4 ships or vessels being in Lynhaven bay, and that they are desired +imediately to Dispatch an Express to his Excell'y Nathaniel Blakiston, +Esqr., his Maj'tes Capt. Gen'll and Governor in Chief and Vice Admiral +of his Maj'tes Province of Maryland. And I do in his Maj'tes Name +Command all officers both Millitary and Civil to Obey and follow these +my Commands, and all his Maj'tes Loveing Subjects are hereby required +to pay all due Obedience to these my Commands and to be Aiding and +Assisting what in them lyes to their officers both millitary and +Civill, and I do further hereby command all officers both millitary +and Civill, and all other his Maj'tes Loveing Subjects, Strictly to +observe and put in Execution an Act Passed last Session of Assembly +against Pyrates and privateers.[5] And I doe hereby promise to any +person or persons who shall take or kill any Pyrate that shall belong +to Either of these 3 or 4 ships or vessells now in Lyn haven bay, a +reward of twenty pound sterling for Each pyrate that they shall either +take or kill, And lastly I do in his Maj'tes Name Command all officers +both Military and Civill and all his Maj'tes Loveing Subjects of this +his Maj'tes most ancient and great Colony and Dominion of virginia, +that they will give all Due Obedience and follow all these my Commands +as they will answer the Contrary at their utmost perills. Given under +my hand and lesser Seal at Arms the Day and year above written, in the +twelfth year of the Reign of our Sovereign Lord William the third, by +the grace of God of England, Scotland, France, and Ireland King, +Defender of the faith, etc. + +[Footnote 3: A guardship of the royal navy was in these days kept in +Virginian waters. At the moment, it happened, there were two, the +_Essex Prize_, 16 guns, which had been there since the spring of 1698 +and was now about to return to England, and the _Shoreham_, Capt. +William Passenger, a larger vessel which was to take her place, and +which had arrived Apr. 10, 1700. The _Essex Prize_ was careened at the +moment, and not available; Beverley, _History of Virginia_, p. 94.] + +[Footnote 4: A roadstead on the south side of the Chesapeake, between +Cape Henry and Willoughby Spit.] + +[Footnote 5: The act is in Hening, _Statutes at Large of Virginia_, +III. 176-179, passed in May, 1699. It had been superseded by the act +11 and 12 Will. III. c. 7, passed in the session of Parliament just +ended, that of Nov. 16, 1699-Apr. 11, 1700, but that fact would not +yet be known in Virginia. On Apr. 28, 1699, the Virginia council had +issued a proclamation against pirates, which is printed in the +_Virginia Magazine of History_, VIII. 191.] + +To Lieut Collo. Thomas Ballard +or Majr. William Buckner at York Town + +who are to take a Copy hereof, and Dispatch it as Directed and Each +Colonel or Chief officer is also to take a Copy hereof and dispatch it +as Directed. Lieut. Collo. Thomas Ballard and Major Wm. Buckner are +to send an Express to the Hon'ble Col. Edmd. Jenings, with a Copy of +this, and they are likewise to send a Copy of this to Collo. Philip +Ludwell, who is in his Maj'tes Name Commanded to have the Militia of +James City ready by this Order of + +KIQUOTAN, Ap'll 28th 1700 + +Whereas this Day I have received Informacion that there is three or +four ships or vessels now riding at anchor in Lynhaven bay, suspected +to be Pyrates or Privateers, + +These are therefore in his Maj'tes Name to will and require you on +Sight hereof to give Notice to all officers and Souldiers under your +Comand to be in readiness with their Armes and amunition at one houres +Warning as you Shall receive further Orders. given under my hand and +Lesser Seal at Armes the Day and Year above written. + +To Lieut. Collo. Miles Cary, +Comander in Chief of his +Maj'tes Militia in Warwick County.[6]... + +FR. NICHOLSON. + +[Footnote 6: Warwick and James City lay westward, up the James River. +A series of directions like those sent northward was also sent +southward, to Norfolk, Princess Anne, Nansemond, and Isle of Wight.] + + +_92. Deposition of William Fletcher. May 2, 1700._[1] + +[Footnote 1: Bodleian Library, MS. Rawlinson C. 933, f. 12. An +enclosure in no. 93.] + +The Deposition of William Fletcher, Master of the ship _Barbadoes +merchant_ of Leverpoole, Sworne the Second Day of May 1700, Saith + +That about 30 Leagues from the Capes upon the 23th Day of Aprill A +pink[2] of about 100 tons bound from Barbadoes to virginia, no great +guns, and between 50 or 60 men, most french and Dutch and some Irish +men[3] lately taken by Pyrates, Seized his ship, rifled her, and +barberously used him and a Merchant belonging to him, by whom they had +accot. that the Cheif Pirate[4] was about 24 Guns and about 140 Tons, +and another about the same burthen but what force he could not learn, +and a Sloope of Six Guns: in all 4 pirates. Designing to get some good +Ships and more Company as they Could, [they favored (?)] this Deponant +and used much kindness to his men and persuaded them to goe with them, +which when they refused the Pirates used them Cruelly, cut away all +his Masts, Sailes and Rigging and bolespritt,[5] and threw all over +Board, tooke all their Candles, broke their Compases, and Disabled +them soe as they Supposed the ship would perish and never give +Intelligence: and all 4 of the Pirates would pass by them and in a way +of Deriding ask why they Cut away their Masts, and soe left them, +Supposeing they had left them nothing to help themselves, for they +threw over Board a Spare topmast which lay upon the Deck, but by +providence their foremast and Sailes and Rigging thereof hung by their +Side unknown to the Pirates, wherewith they fitted Jewry Masts[6] and +found a Compass under some old Oakcum, with which on Sunday night the +28th Day of Aprill they got into the Capes and are now in Accomack:[7] +but took away all Letters, Papers, Bookes, Certificates and +Cocquits,[8] and would not leave any manner of writings, soe as they +have no thing to Shew, tooke away his Carpenter, and another man, and +took away his Long boat, and Complained for want of Powder and +tobacco, and beat this Depont. after they had Stript him, that if an +Irishmen had not Interceeded he beleves they would have kild him with +the flat of their Curtle-axes,[9] the Cruelty being used to them by +french men, and saw no Englishmen, all which and much more barbarity +this Depont. affirmeth to be truth + +WM. FLETCHER. + +Sworn the second Day +of May 1700 before +Cha. Scarburgh. + +[Footnote 2: A pink was a vessel having a narrow stern, bulging sides, +and a flattish bottom.] + +[Footnote 3: The crew of _La Paix_ is reported in the trial to +comprise three Dutchmen, one Swede, one Norwegian, one Englishman, the +rest French or from the French islands.] + +[Footnote 4: _La Paix._] + +[Footnote 5: Bowsprit.] + +[Footnote 6: A jury-mast is a temporary mast set up as a substitute.] + +[Footnote 7: On the Eastern Shore of Virginia, across the Chesapeake.] + +[Footnote 8: A ship's cocket was a custom-house certificate that the +merchandise had been duly entered and had paid duty.] + +[Footnote 9: A perversion of "cutlasses".] + + +_93. Charles Scarburgh to Governor Nicholson. May 3, 1700._[1] + +[Footnote 1: Bodleian Library, MS. Rawlinson A. 271, f. 48. Col. +Charles Scarburgh or Scarborough was the chief magnate of the Eastern +Shore, and a member of the governor's council.] + +_Excellent Sir_ + +I have Enclosed sent you the Deposition of Wm. Fletcher, which I +suppose may be a more particular accot. then any your Excell'y may +receive. he ad's that the Pirates boasted much of their great strength +by sea, and that there were sufficient of them to repell any force +that would be sent against them, and used many enticements to perswade +his men to goe with them: and I Doubt it will be impossible to secure +the Navigation to and from this Country, and stop their Piraticall +Invations, without a greater force. Capt. Fletcher haveing lost his +Certificate, Cocquetts, and Register, cannot be entered and suffered +to Load without your Excellys order. the ship hath used this Place +many Years: and this Master in her last Year produced his +Certificates, Cocquets, and Register, all which are in my booke of +Entryes:[2] he hath the same Owners and [as?] the ships here. his +Townsmen will refitt him and hath his Loading and Tobacco ready: and +it would be severe if his misfortune should Doubly injure him. besides +it would prejudice his Majestys revenue to forbid him to Load, +therefore suppose if he gives Security to unload in England he may be +permitted to trade: if your Excellency think fitt. I lay wind bound +and [at (?)] Mr. Mekennies at Elizabeth River, and on Sunday last +afternoon we saw a ship come in: and imediatly the _Shoreham_ loosed +and went to turn out of the River, when we Crossing over to Castle +point[3] Mr. Makennie spoke with Capt. Passenger, who told him a Pirat +had pursued that ship and taken others and desired we would not +adventure into the Bay but lye at the Poynt. next morning early we saw +Cap. Passenger on the back of the horshooe,[4] standing Down towards 3 +ships in Lyn haven bay, who when he came up with them fired upon him, +and the Pyrate imediately gott to sail and stood directly with Capt. +Passenger, who got the weather gage, and Imediatly followed as sharp a +Dispute as (I thinke) could be betwixt two ships, of which we were +full spectators Dureing the whole engagement: and in my Judgment Capt. +Passenger behaved himself with much Courage and good Conduct, haveing +to Deal with an Enemy under a Desperate choice of killing or hanging, +and I believe few men in their circumstances but would elect the +first. the Conflict briskly maintained from soon after sunrise untill +about 4 afternoon. on thursday May the second Fletcher gott in here +and gave the inclosed accot.,[5] which I beleive much Imports his +Maj'tes service and Interest, least thinking the Pirate aforesaid +might be all, security would Endanger many ships. Fletcher further +saies these are not of them who tooke Burgis last Year but others, and +perhaps more may come upon the same accot. as these doe. I suppose +your Excelly will think fitt to lay on a Gen'll Embargoe untill some +Assureance that the Coast is Clear: and believe York River will be +more Convenient then James River, in Regard ships must goe to the Cape +to Clear the horshooe before they can gett into James River, and soe +may be Endangered. I wait your Excellys Order and Directions and +withall to favour me with a true relation of the success of the +Action betwixt Capt. Passenger and the Pirate:[6] I humbly take leave +to subscribe Right Excellent + +Your Excellencies Faithful and +most Obliged servant + +CHA. SCARBURGH. + +May 3d + 1700 + +[Footnote 2: Colonel Scarborough was also collector of customs in his +district.] + +[Footnote 3: Old Point Comfort? It is just possible that "Mr. +Mekennie", p. 264, or "Mr. Makennie", here, may mean the celebrated +pioneer of Presbyterianism, Rev. Francis Makemie, who is sometimes +said to have lived in Lynnhaven parish before settling down in +Accomac, on the Eastern Shore.] + +[Footnote 4: The Horseshoe is a sandy shoal running from the shore +north of Old Point Comfort eastwardly toward the channel between Cape +Charles and Cape Henry.] + +[Footnote 5: Doc. no. 92.] + +[Footnote 6: For Captain Passenger's own account, see _Cal. St. P. +Col._, 1700, p. 311. Governor Nicholson accompanied him in person, +aboard the _Shoreham_. During most of the fight the two ships were +within pistol-shot of each other. Finally the pirate, with all masts +and sails shattered, drifted aground. Then, having laid a train to +thirty barrels of gunpowder, he threatened to blow the ship up, and +the governor, to save the lives of the forty or fifty English +prisoners, gave quarter, promising to refer the pirates to the king's +mercy if they should surrender quietly. So 111 of them were sent to +England in the _Essex Prize_ and the fleet of merchantmen convoyed by +her, June 9. The trial was of three who were brought in without having +been included in the surrender. It was held, in accordance with the +Virginian act, by a commission of oyer and terminer, appointed by the +governor. All three of them were hanged, although "One of them, +Cornelius Frank, said, Must I be hanged that can speake all +Languages"? Another curious passage in the trial deserves to be +quoted: "_Mr. Atty. Gen._ Did the Pyrates talk of blowing their Shipp +up? _Ed. Ashfeild._ Yes, they did, and went to prayers upon it." Nor +less the picture, in the evidence of either this or an adjoining +trial, of the pirate captain "with a gold chain around his neck, and a +gold Tooth-picker hanging from it"--_nouveau riche_!] + + +_94. John and Adam Thorowgood to Captain Passenger. May 3, 1700._[1] + +[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 89. An +enclosure in doc. no. 95. The Thorowgoods were substantial planters of +Princess Anne County, dwelling near Lynnhaven Bay.] + +_Sir_ + +This Day 7 men which had been taken by a Pirate in a Pink without any +great Guns, only small Armes, and very litle Ammunition, came on shore +and informed us this News, which we thought convenient to Inform you, +that you may act according as the Necessity requires. Also Adam Hayes, +a man who lives on the Sea side, Informes us, he Yesterday saw a Pink +and Brigantine rideing at Anchor in sight of his house, 8 or 10 miles +to the soward of Cape Henry. the Brigantine he suppose came out of the +Capes. about 3 of the Clock in the afternoon he saw a boat goe from on +board the Brigantine, to the Pink. after that two boats were Passing +and repassing from one vessel to the other till near night, at which +time the Pink weighed and stood of to sea. the Brigantine remained +there till within Night, but this morning Neither of them to be seen. +The abovesaid 7 men informed us the Pink which took them hath but 16 +men which belonged to the Pyrate and 9 Prisoners. they say she +belonged (before taken) to Biddeford[2] and is an Extraordinary good +sailer. they also tell us they were put into a Boat and turned a +Drift, they think because they were to many to be kept on board, being +then 16 men Prisoners, and now as abovesaid but 9. likewise on tuesday +last they tooke a Bristol man and Cut down their Masts and Boltspritte +and left them as a wreck in the sea, as also another they tooke and +Cut a hole in her bottom and let her sink in the sea, and that they +were Ordered by the Pyrate You took last munday[3] to Cruise in the +Lattitude of the Capes till they came out to them. Sir, this is all we +think materiall at present to be Informed you by + +Your Humble servants + +JNO. THOROWGOOD, sher.[4] +ADAM THORWGOOD + +PRINCESS ANN COUNTY +the 3d of May being +Fryday, 1700. + +[Footnote 2: In Devonshire, England.] + +[Footnote 3: April 29. _La Paix_, Capt. Louis Guittar.] + +[Footnote 4: Sheriff. Adam was sheriff the next year.] + + +_95. Benjamin Harrison, jr., to Governor Nicholson. May 4, 1700._[1] + +[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 89 b. Benjamin +Harrison, jr. ("Benjamin Harrison of Berkeley") was the son of a +member of the council ("Benjamin Harrison of Surry") and was himself +attorney-general of the colony. He was great-grandfather of President +William Henry Harrison.] + +_May it Please your Excell'y_, + +Last night about six of the Clock the inclosed letter[2] came to Capn. +Passengers hand whilest we were on board, and he desired me to +transmitt it to your Excelly. he had not time to write wee being Just +comeing away, and much Company with him. About the same time came in +from sea the Brigantine mencioned in the inclosed letter, and the +Master of gives a relacion pretty agreable to the letter in everything +only he sayes there were about 50 men on board the Pinke when he was +taken, so that 'tis Probable they will lye there, to watch for other +ships. as far as I can understand by this Master the litle ship +mencioned in the letter to be sunk was wheeler, who brought the Brandy +and wine into York River; I am + +your Excellys + +most Obliged Humble serv't + +B. HARRISON Jnr + +WILLIAMS BURGH, May 4, 1700, 10 at Night. + +[Footnote 2: Doc. no. 94.] + + +_96. Governor Nicholson to Captain Passenger. May 4, 1700._[1] + +[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 90.] + +JAMES TOWN, May 4, 1700,[2] +about Eleven a Clock at Night. + +[Footnote 2: The seat of government had just been removed from +Jamestown to the new capital, Williamsburg.] + +_Capt. Wm. Passenger_ + +_Sir_, + +Just now I received a letter from my friend Mr. Benja. Harrison, with +an inclosed one to you from the two Mr. Thorowgoods, a Copy of which I +here send you.[3] if his Maj'tes ship the _shoreham_ under your +Command be at present capable of goeing to sea to look after the +Pirates in the Pink, etc., I would have you doe it as soon as, God +willing, wind and weather permitts: but if the _shoreham_ be not in a +sailing Condicion, then you may, if you think Convenient, sent your +boat or boats to looke after the said Pyrates, in order Either to +take or burn the said Pink. And I do hereby Authorize and impower you +to stop all ships and vessells from goeing out of the Capes, and Order +them up to Kiquetan. + +[Footnote 3: Docs. no. 94 and no. 95.] + +If you cannot be here your Selfe Either on Monday or tuesday yet I +would have Capt. John Aldred, Commander of his Maj'tes Ship the _Essex +Prize_, be here; in the Interim remain + +Your most affectionate Friend + +If you conceive it proper, You may send the Prize which you have taken +either to take, sinke, or burn the Pink on board which are the +Pyrates. In Order thereunto You may Put what men and Guns on board, +You think Necessary. + +I hope you have secured for his Maj'tes Service the seamen which +belong to Capt. Harrison, etc., and you will do the like by those, +which Mr. Thorowgood sayes come on shore. And for so Doeing these +things, this shall be your sufficient Warrant and Authority. given +under my hand the Day and Year above written. + + +_97. William Wilson to Governor Nicholson. May 5, 1700._[1] + +[Footnote 1: Bodleian Library, MS. Rawlinson C. 933, f. 10. Col. +Wilson was a justice of the peace for Elizabeth City County.] + +_May it please your Excelly_ + +I have here enclosed a few lines[2] Concerning a Brigantine that +sailed out of the Capes last wednesday.[3] it should been sent you +before this. I had it this Day from Capt. Cole at Church. If the Capt. +had sent the Master on shore (who had no boat of his owne) or a line +to me about it, Your Excellency had sooner Notice. + +[Footnote 2: Doc. no. 98.] + +[Footnote 3: May 1.] + +The french Prisoners are equally Divided amongst the three Capts., who +have them under Guard. the wounded men att John Smiths died last +Night. Suppose this Pink is that that was taken a coming from +Barbadoes, and the longer he lyes the more harme he do and gather +more strength, which is all that offers from + +Your Excellys humble servt. +to Command + +WM. WILSON. + +I did designe to have sent +this by an Express, but there +came one from your Excell'y +with a Letter to Capt. Passenger. + + +_98. Captain Michael Cole to William Wilson. May 5, 1700._[1] + +[Footnote 1: Bodleian Library, _ibid._ Capt. Michael Cole was master +of the _Friends' Adventure_; he had come into James River on his way +from South Carolina to London.] + +KIQUOTAN + +Satterday morning being aboard the man of Warr _Shoreham_ there found +the Master of Brigantine which came in here the Evening before, who +sayes that on thursday morning last he was taken by the Pyrates about +2 leagues Southward the Cape Henry, in a Pink, who tooke from him his +Sailes, Masts, and provisions, and all his Necessaries and Cut of[f] +the head of his Rudder as low down as they Could, to disable him of +getting in. his fore Yard they also tooke from him. he likewise sayes +that they spoke some English aboard and that they are about 40 or 50 +strong besides the Prisoners, but they would not suffer him to Speake +to any of them, but was threatned to be Shot for Speaking only to one +and asked (and that softly) what are you, who answered, I am a +Carpenter who belonged to a vessell of about 110 Tons loaded in York +River which they sunk. when they left him they stood NE. and believes +they Intend of the Coast as soone as they meet a vessell which they +have an Accot. of, Dayly Expected here from Guinea. + +MICH'LL COLE. + +May 5, 1700. + + +_99. Libel by Captain William Passenger. May 11, 1700._[1] + +[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 91. A libel, +in admiralty law, is a plaintiff's or claimant's document containing +his allegations and instituting a suit--in this instance a prize +suit.] + +Virga. ss. Att the Court of Admiralty held at Hampton Town on Saturday +the 11th day of May in the 12th year of the Reign of our Sovereign +Lord William the third, of England, Scotland, France and Ireland King, +Defender of the faith, etc., annoq Domini 1700, + +Before the Hono'ble Edward Hill, Esqr., Judge of the sd Court,[2] came +Capt. William Passenger, Commander of his Maj'tes ship the _shoreham_, +and Exhibited the following Libel in these Words + +[Footnote 2: A court of vice-admiralty was first erected in Virginia +in 1698, and Hill was the first judge appointed. He was commissioned +(Mar. 8, 1698) by Governor Andros, by virtue of the latter's +commission (June 26, 1697) from the High Court of Admiralty in +England; so say the Virginia council, in _Va. Mag. Hist._, XXII. 245, +but the record of this latter commission in London dates it Apr. 29. +Am. Hist. Assoc., _Annual Report_, 1911, I. 518.] + +Virg'a. ss. May the 11th in the 12th year of his Maj'tes Reign, Annoq +Domini 1700. + +To the Hon'ble Court of Admiralty: + +William Passenger, Commander of his Majestyes ship the _shoreham_, as +well for and in behalf of his Majesty as for and in behalfe of +himself, officers and Company on Board the said ship, + +Humbly gives this Court to understand and be Informed that on the 29th +Day of Aprill last Past, in his Maj'tyes said ship the _Shoreham_, +within the Cape of Virga: he engaged, fought and tooke a Company of +Pirates or sea Robbers which were in a ship called the _Peace_, of +about two hundred tons Burthen, Mounted with twenty Gunns, which said +Company of Pyrates or sea Robbers in the aforesaid ship for severall +dayes before their being soe taken did in an Open, Warlike, Hostile, +and Piraticall manner Assault, Attack, Fight, take, Robb, Burn, and +spoile severall Merchant ships belonging to the subjects of our +sovereign Lord the King (Vizt.) + +A Pinke Called the _Baltimore_, John Loveday Master, A Sloope Called +the _George_, Joseph Forest Master, A Ship Called the _Pensylvania +Merchant_, Samuell Harrison Master, A Ship Called the _Indyan King_, +Edward Whitaker Master, A Ship Called the _Nicholson_, Robert Lurting +Master, who in a Peaceable and Lawfull manner were comeing into and +goeing out of the aforesaid Cape of Virga. with their severall Goods +and Merchandizes, etc. And also the aforesaid Company of Pyrates or +sea Robbers, in the aforesaid ship, at and upon the aforesaid time and +Place, in a Hostile and Warlike manner, did fight his Maj'tes said +ship the _shoreham_, but they being overcome and taken as aforesaid +the aforesaid William Passenger, in behalfe as aforesaid, prays +Condemnation of the aforesaid Pirats ship Called the _Peace_, with all +her Gunns, Ammunition, tackle, furniture, and apparell, to be devided +and Proportioned according to the Rules and Orders of the sea, in such +Cases made and provided, etc. + +W. PASSENGER. + + +_100. Deposition of William Woolgar and Others. [June 11, 1700.]_[1] + +[Footnote 1: Bodleian Library, MS. Rawlinson A. 271, f. 40.] + +Virginia sct. + +William Woolgar, Peter Shaw, Francis Warrell and Joshua Atkinson +Examined and Sworne say + +That on or about the 28th April in the year of our Lord God One +Thousand seaven hundred, being sailers on board the _Indian King_ +bound for London, about three or four Leagues from Cape Henry they +were attack'd and taken by a french Pirate of twenty Gunns by some +called _La Paix_, who Comanded the Master of the said _Indian King_ on +Board the Pirate, who upon the same hoisted out his Yaul and went a +board them with 4 of his men, upon which severall of the Pirates came +on board the _Indian King_ with the aforesaid Yaul and return'd her on +board the Pirate with the mate, Doctor and sundry Passengers of the +shipp aforesaid. the said Deponants further say that the Pirate +aforesaid, with their shipp and another small ship taken by them, came +into Lyn haven, where they Attack'd and took another Shipp, whose +Comander they have since understood to be called Robert Lurten, and +came all to an anchor in Lyn haven bay, where they plundred the said +_Indian King_ of some of her provisions and rigging with other things. +And that on the 29th in the morning their came out of James River his +Maj'tys Shipp the _Shorham_, which Engaged the said Pirate about 7 a +Clock in the morning and forced them to surrender about 4 or 5 a Clock +in the afternoon, there being two of the said Depon'ts (to witt) +William Woolgar and Peter Shaw on board the _Shorham_ the most part of +the Engagement. And further the said Deponants say not. + +FRANCIS WARRELL. WM. WOOLGAR. +JOSHUA ATKINSON. PETER SHAW. + +Sworne to before the Court of Oyer and Terminer for Tryall of Pirates + +Test, PETER BEVERLEY Cl. Arr.[2] + +[Footnote 2: Clerk of arraignments.] + + +_101. Deposition of Joseph Man. [June 11, 1700.]_[1] + +[Footnote 1: Bodleian Library, MS. Rawlinson A. 271, f. 44b. Man, an +able seaman, was afterward taken over to England to testify against +the pirates, and was granted L60 by the Privy Council for his services +in the fight, besides five months' pay promised him by Nicholson. +_Acts P.C. Col._, II. 360.] + +Virginia Sct. + +Joseph Manns aged 30 yeares Examd: and Sworn saith + +That on Sunday being the 28th day of April last past Capt. John +Aldred, Comander of his Maj'tys Shipp the _Essex Prize_, came on +Shoare to Collo. William Willson at Kyquotan and informed his +Excellency Francis Nicholson, Esqr., his Maj'tys Lieut. and Governor +Gen'll of Virginia, and Capt. Passenger, Comander of his Maj'tys Shipp +the _Shorham_ Galley, in the hearing of this depon't, that he had +been on board of a Pink and was there informed that there was a Pirate +lay in Lyn haven bay and that she made her Escape from them, upon +which information soe as aforesaid given Capt. Passenger immediatly +went on board his Maj'tys shipp the _Shorham_ and got her under saile, +designeing to goe downe in the night, and this depon't further saith +that upon the aforesaid 28th day of April in the Evening his +Excellency, accompaned with Capt. John Aldred, Peter Heyman, Esqr.,[2] +and this depon't, went on board his Maj'ty's ship the _Shorham_. the +next morning about six of the Clock wee came up with the Pirate (which +this depon't since understands is called the _La Paix_, the Captaines +name said to be Lewis Guittar). we threw abroad the Kings Jack, flagg +and Ancient,[3] the Pirate hoisted up blood red Colloures and refused +to submit, whereupon wee immediatly Engaged with them and Continued +the fight till about four a Clock in the afternoone. Peter Heyman, +Esqr., standing on the left hand of this depon't within a foot of him, +made severall shots into the Pirates Shipp, and about one or two of +the Clock was by a shott from the Pirates shipp unhappily slaine. +about four in the afternoone the Pirate struck his bloody Collours and +hoisted up a flagg of truce and then fired no more Gunns, whereupon +Capt. Passenger Comanded a boat and hands to board the Pirate, who +brought back with them about 124 Pirates Prisoners, and it was +supposed there was about 25 or 30 kill'd in the fight and that about +40 or 50 English Prisoners were redeemed, whome the Pirate had taken. +And this deponant Yet further saith that two of the Pirates men, being +left on board the shipp called the _Nicholson_, Robt. Lurten Master, +which was taken by the Pirates the 28th of April, were upon the coming +up of his Maj'tys ship the _Shorham_ seized and brought on board us as +prisoners, that this deponant was on board the _Shorham_ Galley all +the time of the Engagement upon the quarter deck near to his +Excellency, and saw all the Transactions, and further says not. + +JOSEPH MAN. + +Sworne to before the Court for tryall of Pirates + Test, PETER BEVERLEY C. Arr. + A true copy, C.C. THACKER C. Sec. Off.[4] + +[Footnote 2: Heyman was collector of customs for the lower district of +James River. Gov. Nicholson caused a tombstone to be set in +commemoration of him, with a laudatory inscription which is printed in +the _Southern Literary Messenger_, IX. 695.] + +[Footnote 3: Ensign. See doc. no. 33, note 15.] + +[Footnote 4: Clerk in the secretary's office. The name of Chicheley +Corbin Thacker deserves a comment, for double Christian names were at +that period very rare. "In forty-nine church registers out of fifty, +throughout the length and breadth of England, there will not be found +a single instance of a double Christian name previous to the year +1700." Bardsley, _Curiosities of Puritan Nomenclature_, p. 226.] + + * * * * * + +_102. Report of Dr. George Bramston. November 27, 1702._[1] + +[Footnote 1: Public Record Office, Admiralty 1:3666, p. 162. The +writer of this report, George Bramston, LL.D., was a notable +practitioner of the civil law, and from 1702 to 1710 was master of +Trinity Hall, Cambridge. His uncle writes of him in his autobiography, +a few years before this, "George is doctor of law, ... fellow of +Trinity Hall, and is admitted at the Commons, and lives there in some +practice, but very good repute." _Autobiography of Sir John Bramston_, +p. 29. To whom the report was nominally addressed is not clear, but it +was intended indirectly for the enlightenment of Prince George of +Denmark, consort of Queen Anne, whose wifely partiality had in May of +this year raised him to the office of Lord High Admiral. As such, he +nominally presided over the High Court of Admiralty; finding the need +of having its activities supplemented by additional prize courts in +the colonies, and instructed by this and similar reports, he on Dec. 7 +applied for authority under the great seal to commission colonial +governors (vice-admirals) to hold prize courts.] + +DOCTORS COMMONS,[2] November 27th, 1702. + +[Footnote 2: Doctors' Commons (see ch. VIII. of _Sketches by Boz_ and +ch. XXV. of _David Copperfield_), near St. Paul's, was the +headquarters of the doctors of the civil law and of the admiralty and +other civil-law courts.] + +_Sir_, + +The matter in yours of the 18th instant being of a Nature That was +little knowne to Me, It seemed proper to take longer time to consider +thereof, than otherwise would have been decent, for the Information of +His Royall Highness as to the Power of the Vice-Admiralls of the +Forreigne Plantations. + +I humbly conceive it plaine, That they can have no Authority to +condemne Prizes, in their Commissions from the Lord Admirall,[3] for +He has none in that Patent which constitutes Him Lord Admirall of +England. + +[Footnote 3: A typical commission of a vice-admiral (Barbados, 1667) +may be seen in the _Publications_ of the Colonial Society of +Massachusetts, II. 187-198.] + +And you may please to call to mind, that the Power by which Ships are +adjudged Prize, Proceeds from a Commission for that purpose +particularly granted, under the Great Seale, to his Royall Highness. + +And as to what may be most proper for the condemning of Prizes in +those parts, I humbly conceive it cannot be Regularly done, but by an +Authority grounded upon a Commission under the Broad Seale. + +All which I humbly submitt with the Assurance That I am + +Sir + +Your must Humble Servant + +GEO. BRAMSTON. + +To be sent to Lord Nottingham[4] if it came from him. + +[Footnote 4: The Earl of Nottingham was one of the two secretaries of +state.] + + + + +PRIVATEERS AT MARTINIQUE. + + +_103. Letter to Boston News Letter. May 8, 1704._[1] + +[Footnote 1: A specimen of news of privateering in Queen Anne's War +from one of the earliest issues of our first established newspaper; +from the _Boston News-Letter_ of May 15, 1704. That newspaper was +founded by John Campbell, postmaster of Boston, son of Kidd's friend +Duncan Campbell (see doc. no. 75). The first issue was for the week +from Monday, April 17, to April 24, 1704. The text is taken from the +file of the _News-Letter_ possessed by the Massachusetts Historical +Society.] + +NEW-YORK, May 8. On the 3d Arrived here a Sloop from St. Thomas, in +whom Mr. John Vryling, who Sail'd the 23d Decemb. last from Boston, in +the Ship _St. Jacob and Philip_, of whom was Owner and Merchant, +Charles Farnam Master, bound for Barbadoes, and on the Sabbath +following, lost her Mane and Misin Mast in a Storm, taken in sight of +Barbadoes, and carried into Martinico, and says that 7 Weeks ago was a +Prisoner at Martinico, that the Governour permitted him to go in a +French Sloop bound for St. Thomas, That the French have taken 130 odd +Vessels this War into Martinico, and when he left it there was 17 +Privateers out.[2] The Ships lately taken and carried thither are, the +_Venetian Merchant_, Captains, Alexander, the Ship _Virgin_, John +Sherwood, _Brintania_ William Bartrum, Darvar of Bidiford, Richard +Barton of Liverpool, Henry Punsunby of Dublin, John Reading of +Barbadoes, belonging to Boston, Twisden a Brigantine, Chadwel another, +Farnam a Ship, Andrews, Porter a Sloop. Nicholas Bradock, and Crute of +Philadelphia, Peylton of Bermuda, Johnson of Maryland, a Sloop, Penley +Master, Stephens a Ship of Boston taken into Guardiloop. after Mr. +Vryling had been 14 days at St. Thomas, had advice from Martinico, 5 +Brigantines carried in thither, on Board of one of which was Major +Wheeler of Barbadoes[3] and several other Passengers, but what Ports +bound to, or to whom the Brigantines belong'd, heard not. The Ship +_Princess Anne_, bound from Barbadoes to London, being Leaky put into +St. Thomas, there condemn'd as insufficient to go to Sea. Yesterday +from Albany by information from our Indians acquainted, that the +French of Canada are sending out 300 men to attack some parts of N. +England. We have very rainy, dirty, and cold Weather for the Season, +and so continues. We hear the Virginia Fleet Sails the last of this +Month. Captain Davison hopes to Sail this Month.[4] The Wind and +Weather hinders our Pensilvania Post coming in. + +[Footnote 2: A letter written from Martinique a little later (June 27) +by a captive colonel from St. Christopher's says, "We have had 163 +vessels brought in here since the warr, ... there is about 30 +privateers now belonging here, so that it's almost impossible for a +vessel to pass to or from the Islands without a good convoy, and then +they take some from them". He encloses a petition from some 300 +British prisoners, "some whereof have been here 16 months in close +prison". _Cal. St. P. Col._, 1704-1705, p. 184.] + +[Footnote 3: Lately a member of the council of that island.] + +[Footnote 4: Capt. John Davison, in the _Eagle_ galley, had arrived at +New York on Mar. 13, but had been long detained by disputes between +the governor, Lord Cornbury, and the collector of the port over +questions concerning the legal status of its cargo. _N.Y. Col. Docs._, +IV. 1105-1110, 1121.] + + + + +CASE OF JOHN QUELCH AND HIS FELLOW PIRATES. + + +_104. Account of their Execution. June 30, 1704._[1] + +[Footnote 1: What is here reproduced, to show somewhat of the +harrowing circumstances under which the pirate's career might end, is +a very rare "extra" of the _Boston News-Letter_, found in the +Massachusetts Historical Society's file of that newspaper. The case of +Quelch and his associates is related in much detail by Mr. A.C. +Goodell in the _Acts and Resolves of the Province of Massachusetts +Bay_, VIII. 386-398, and in the _Publications_ of the Colonial Society +of Massachusetts, III. 71-77. The pursuit of the pirates is described +in Sewall's diary, with extracts from the _News-Letter_, in Mass. +Hist. Soc., _Collections_, XLVI. 103-110. In August, 1703, the +brigantine _Charles_, fitted out as a privateer to cruise against the +French, was riding off Marblehead, with her captain lying too sick to +take her to sea. The crew seized the ship, put it in command of +Quelch, threw the captain overboard, and sailed for the coast of +Brazil, where for some months they engaged in a profitable career of +piracy at the expense of subjects of the King of Portugal, with whom +England had just concluded a particularly close alliance. In May, +1704, they reappeared on the Massachusetts coast, landed, and +dispersed, but were presently suspected, accused, proclaimed, and +"rounded up", the main capture being made at the Isles of Shoals, by +an armed force under Maj. Stephen Sewall, the diarist's brother. The +trial, June 13, 16, 19-21, was the first held in New England under the +act of Parliament 11 and 12 Will. III., ch. 7, which gave the crown +authority to issue commissions for the trial of pirates by specially +constituted courts, outside the realm of England. The governor, Joseph +Dudley, presided. Mr. Goodell maintains that the trial was conducted +illegally in important particulars. Of the six pirates named above, as +executed on June 30, Lambert was a Salem man, Peterson apparently a +Swede, Roach Irish, Quelch and the other two English. Judge Sewall +records that "When the Scaffold was let to sink, there was such a +Screech of the Women that my wife heard it sitting in our Entry next +the Orchard, and was much surprised at it; yet the wind was sou-west. +Our house is a full mile from the place." In 1835 the editor's +grandfather saw the six pirates of the _Mexican_, almost the last of +their profession, hanged at about the same spot. I find that Mr. Paine +has printed this piece, in _Buried Treasure_, but I know no other that +so well illustrates its particular aspect of our theme.] + +An Account of the Behaviour and Last Dying Speeches Of the Six +Pirates, that were Executed on Charles River, Boston side, on Fryday, +June 30th, 1704. _Viz._, Capt. John Quelch, John Lambert, Christopher +Scudamore, John Miller, Erasmus Peterson and Peter Roach. + +The Ministers of the Town had used more than ordinary Endeavours, to +Instruct the Prisoners, and bring them to Repentance. There were +Sermons Preached in their hearing, Every day,[2] And Prayers daily +made with them. And they were Catachised; and they had many occasional +Exhortations. And nothing was left, that could be done for their Good. + +[Footnote 2: One of the sermons preached by Cotton Mather to the +unfortunate men was printed by him this year under the title _Faithful +Warnings to prevent Fearful Judgments_.] + +On Fryday the 20th [30th] of June 1704, Pursuant to Orders in the Dead +Warrant, the aforesaid Pirates were guarded from the Prison in Boston, +by Forty Musketeers, Constables of the Town, the Provost Marshal and +his Officers, etc. with Two Ministers,[3] who took great pains to +prepare them for the last Article of their Lives. Being allowed to +walk on Foot through the Town, to Scarlets Wharff,[4] where, the +Silver Oar being carried before them, they went by Water to the place +of Execution, being Crowded and thronged on all sides with Multitudes +of Spectators. The Ministers then Spoke to the Malefactors, to this +Effect. + +[Footnote 3: Rev. Thomas Bridge of the First Church, and Cotton Mather +of the Second.] + +[Footnote 4: At the foot of Fleet Street, near the present South +Ferry. Thus the grim procession went around most of the water front of +the town. Sewall says his cousin counted 150 boats full of spectators +of the execution, besides the multitude on land. The silver oar was +the emblem of the admiralty.] + +"We have told you often, ye[a] we have told you Weeping, That you have +by Sin undone your selves; That you were born Sinners, That you have +lived Sinners, That your Sins have been many and mighty, and that the +Sins for which you are now to Dy are of no common aggravation. We have +told you, That there is a Saviour for Sinners, and we have shewn you, +how to commit your selves into His Saving and Healing Hands. We have +told you, That if He Save you, He will give you an hearty Repentance +for all your Sins, and we have shown you how to Express that +Repentance. We have told you, What Marks of Life must be desired for +your Souls, that you may Safely appear before the Judgment Seat of +God. Oh! That the means used for your Good may by the Grace of God be +made Effectual. We can do no more, but leave you in His Merciful +Hands!" + +When they were gone up upon the Stage, and Silence was Commanded, One +of the Ministers Prayed, as followeth. + +The Prayer made by One of the Ministers, after the Malefactors were +first upon the Stage.[5] (As near as it could be taken in Writing in +the great Crowd.) + +[Footnote 5: This prayer is unmistakable Cotton Mather; to whom we may +be sure this whole occasion was one of extraordinary enjoyment.] + +"O Thou most Great and Glorious Lord! Thou art a Righteous, and a +Terrible God. It is a Righteous and an Holy Law that thou hast given +unto us. To break that Good Law, and Sin against thy Infinite Majesty, +can be no little Evil. Thy Word is always True; and very Particular, +that Word of thine which has told us and warn'd us, _Evil Pursueth +Sinners_. We have seen it, we have seen it; We have before our Eyes a +dreadful Demonstration of it. Oh! Sanctify unto us a Sight that has in +it so much of the Terror of the Lord! We have Reason to Glorify the +Free Grace of God, that we are not our selves the Instances. We have +before us very astonishing Examples of _Evil Pursuing Sinners_. Here +is a Number of men that have been very Great Sinners, and that are to +Dy before their Time, for their being wicked overmuch. God knows the +Prayers, the Pains, the Tears, and the Agonies that have been Employ'd +for them. And now, the Last Thing that we have to do for them, is to +pour out with Anguish of Soul our Prayer on their behalf; Our Prayer, +to that God, who heareth Prayer; to that God, with whom there is Mercy +and Plenteous Redemption; to that God, who is Rich in Mercy and Ready +to Pardon. But how can we make our Prayer, without a Rapturous +Adoration of that Free-Grace, which has distinguished us! We, even we +also, have every one of us an horrible Fountain of Sin in our Souls. +There are none of the Crimes committed by these Miserable Men, or by +the worst of those Criminals that go down into the Pit, but we have +the seeds of them, in that Original Corruption, which we brought into +the World with us. If God had left us to our selves, as He justly +might have done, there is not the best among us all, but what would +soon have done the worst things in the World. Oh! The Free-Grace! Oh! +The Free-Grace! Oh! The Riches of that Grace, which has made all the +Difference! But now, we Cry mightily to Heaven, we Lift up our Cries +to the God of all Grace, for the Perishing Souls which are just now +going to Expire under the Stroke of Justice, before our Eyes. We +Mourn, we Mourn, that upon some of them, at Least, we do unto this +Minute see no better Symptomes. But, Oh! is there not yet a Room for +Sovereign Grace to be display'd, in their Conversion and Salvation! +They Perish, if they do not now Sincerely Turn from Sin to God, and +give themselves up to the Lord Jesus Christ; They Righteously and +Horribly Perish! And yet, without influences from above, they can do +none of those things which must be done if they do not perish. Oh! Let +us beg it of our God, that He would not be so Provoked at their +Multiplied and Prodigious Impieties, and at their obstinate Hardness +under means of Good formerly afforded them, as to withhold those +Influences from them! We cry to thee, O God of all Grace, That thou +wouldest not Suffer them to continue in the Gall of Bitterness and +Bond of Iniquity, and in the Possession of the Devil. Oh! Knock off +the Chains of Death which are upon their Souls; Oh! Snatch the prey +out of the Hands of the Terrible. + +"Yet once again! Once again! We bring them, and lay them before the +Spirit of Grace. O Almighty Spirit of Grace, May these Poor, blind, +mad Sinners become objects for the Triumphs of Grace! O Almighty +Spirit of God, and of Grace, cause these poor men to see their own +Sinfulness and Wretchedness! Make them willing to be Saved from such +Sinfulness and Wretchedness; Discover to them the only Saviour of +their Souls. Oh! Dispose them, Oh! Assist them to give the Consent of +their Souls unto His Wonderful Proposals. Let them Dy, Renouncing all +Dependence on any Righteousness of their own; Alas, what can they have +of their own to Depend upon! As a Token and Effect of their having +Accepted the Righteousness of God, Let them heartily Repent of all +their Sins against thee, and Abhor and cast up every Morsel of their +Iniquity. Oh! Let them not go out of the World, raging and raving +against the Justice of God and Man; And whatever part of the Satanick +Image is yet remaining on their Souls, Oh! Efface it! Let them now Dy +in such a State and such a Frame, as may render them fit to appear +before God the Judge of all. What shall we do for them? What shall +plead for them? + +"Great God, Grant that all the Spectators may get Good by the horrible +Spectacle that is now before them! Let all the People hear and fear, +and let no more any such Wickedness be done, as has produced this +woful Spectacle. And let all the People beware how they go on in the +Ways of Sin, and in the pathes of the Destroyer, after so Solemn +Warnings; Lest thou shouldest not only leave them to the grossest Acts +of Wickedness, but also give them up unto the most amazing +Impenitency, when the Punishment of their Iniquity comes to be +inflicted on them. + +"Oh! but shall our Sea faring Tribe, on this Occasion, be in a +Singular manner affected with the Warnings of God! Lord, May those of +our dear Brethren be Saved from the Temptations which do so threaten +them! so ruine them! Oh! let them not Abandon themselves to Profanity, +to Swearing, to Cursing, to Drinking, to Leudness, to a cursed +Forgetfulness of their Maker, and of the End for which He made them! +Oh! Let them not be abandoned of God, unto those Courses that will +hasten them to a Damnation that slumbers not. Oh! Let the men fear the +Lord Exceedingly, We Pray thee! We Pray thee! Let the Condition of the +Six or Seven men, whom they now see Dying for their Wickedness upon +the Sea, be Sanctified unto them. + +"And now, we fly, we fly to _Sovereign Grace_. Oh! that the Poor men, +which are immediately to appear before the awful Tribunal of God, may +first by _Sovereign Grace_ have produced upon their Souls those Marks +of thy Favour, without which tis a dreadful Thing to appear before +that awful Tribunal. Oh! Great God, Let thy _Sovereign Grace_ Operate +on this fearful Occasion! God be Merciful to us all, for the Sake of +our Lord Jesus Christ, unto whom with the Father and the Spirit, be +ascribed the Kingdom, the Power and the Glory, for ever more, _Amen_." + +They then Severally Spoke, Viz. + +I. _Capt. John Quelch._ The last Words he spake to One of the +Ministers at his going up the Stage, were, "I am not afraid of Death, +I am not afraid of the Gallows, but I am afraid of what follows; I am +afraid of a Great God, and a Judgment to Come." But he afterwards +seem'd to brave it out too much against that fear: also when on the +Stage first he pulled off his Hat, and bowed to the Spectators, and +not Concerned, nor behaving himself so much like a Dying man as some +would have done. The Ministers had, in the Way to his Execution, much +desired him to Glorify God at his Death, by bearing a due Testimony +against the Sins that had ruined him, and for the ways of Religion +which he had much neglected: yet now being called upon to speak what +he had to say, it was but thus much; "Gentlemen, 'Tis but little I +have to speak; What I have to say is this, I desire to be informed for +what I am here. I am Condemned only upon Circumstances. I forgive all +the World: So the Lord be Merciful to my Soul." When Lambert was +Warning the Spectators to beware of Bad-Company, Quelch joyning, "They +should also take care how they brought Money into New-England, to be +Hanged for it!" + +II. _John Lambert._ He appeared much hardened, and pleaded much on his +Innocency. He desired all men to beware of Bad Company; he seem'd in a +great Agony near his Execution; he called much and frequently on +Christ, for Pardon of Sin, that God Almighty would Save his innocent +Soul; he desired to forgive all the World; his last words were, "Lord, +forgive my Soul! Oh, receive me into Eternity! blessed name of Christ +receive my Soul." + +III. _Christopher Scudamore._ He appeared very Penitent since his +Condemnation, was very diligent to improve his time going to, and at +the place of Execution. + +IV. _John Miller._ He seem'd much concerned, and complained of a +great Burden of Sins to answer for; Expressing often, "Lord! What +shall I do to be Saved!" + +V. _Erasmus Peterson._ He cryed of injustice done him; and said, it is +very hard for so many mens Lives to be taken away for a little Gold. +He often said, his Peace was made with God; and his Soul would be with +God: yet extream hard to forgive those he said wronged him. He told +the Executioner, he was a strong man, and Prayed to be put out of +misery as soon as possible. + +VI. _Peter Roach._ He seem'd little concerned, and said but little or +nothing at all. + +_Francis King_ was also Brought to the place of Execution, but +Repriev'd. + +Printed for and Sold by Nicholas Boone, at his Shop near the Old +Meeting-House in Boston. 1704. + +_Advertisement._ + +There is now in the Press, and will speedily be Published: The +Arraignment, Tryal and Condemnation of Capt. John Quelch, and others +of his Company, etc. For sundry Piracies, Robberies and Murder, +committed upon the Subjects of the King of Portugal, Her Majesties +Allie, on the Coast of Brasil, etc. Who upon full Evidence were found +Guilty, at the Court-House in Boston, on the 13th of June 1704. With +the Arguments of the Queen's Council, and Council for the Prisoners, +upon the Act for the more effectual Suppression of Piracy. With an +account of the Ages of the several Prisoners, and the Places where +they were Born. Printed for and sold by Nicholas Boone, 1704.[6] + +[Footnote 6: The publication of the pamphlet here advertised was by +authority of Governor Dudley, who gives the Board of Trade the +following excuse for printing the minutes of the trial before sending +them to that body (letter of July 25, 1705), "My Lords, I should not +have directed the printing of them here, but to satisfy and save the +clamour of a rude people, who were greatly surprised that any body +should be put to death that brought in gold into the Province, and did +at the time speak rudely of the proceeding against them and assisted +to hide and cover those ill persons". _Cal. St. P. Col._, 1704-1705, +p. 585.] + + * * * * * + +_105. Deposition of Paul Dudley. August 15, 1705._[1] + +[Footnote 1: Public Record Office, C.O. 5:1263, no. 57 XXVI. Paul +Dudley was the governor's oldest son. The deposition is one of 55 +enclosures in the governor's letter of Nov. 2, 1705, to the Board of +Trade respecting his complaints of irregularities in the governments +of Rhode Island and Connecticut. Though Dudley's commissions as +governor confined his civil authority to Massachusetts and New +Hampshire, his commission as vice-admiral (printed in the +_Publications_ of the Colonial Society of Massachusetts, II. 220-224) +gave him authority in Rhode Island also. The assembly of that colony, +however, claimed the right under their charter to erect admiralty +courts of their own, and for their governor the right to commission +privateers. Queen Anne wrote to them in March 1704, repealing their +act erecting a court, but they held that her letter did not forbid the +commissioning of privateers. See _Records of the Colony of Rhode +Island_, III. 508-510, 535-540.] + +The Deposition of Paul Dudley, Esquire, Her Majestys Attourney General +for the Province of the Massachusetts Bay in New England, and Advocate +of the Court of Admiralty--who saith + +That on or about the fifth day of June last past, being at Newport on +Road Island in Company with the Honourable Nathaniel Byfield, Esquire, +Judge of the Court of Admiralty, etc.[2] at the House of Samuel +Cranston, Esquire, Governour of said Island, The said Judge +complaining of the said Governours granting a Commission to Captain +Halsey, a Privateer,[3] after the Receipt of her Majesties Commands to +the Contrary, The said Samuel Cranston replyed, That he had taken the +advice of the Generall Court[4] of that Colony, who were all of +opinion That her Majesties Commands did not forbid him or restrain him +from Granting Commissions for Privateers, And that their Charter +granting them Power of Vice Admiralty,[5] he was determined to +Exercise that power, and Grant such Commissions untill their Charter +was actually and wholly taken away; And that they would not part with +their powers or Government by piece meal, but would Die all at once, +And that they had parted with too many of their priviledges +already.... + +PAUL DUDLEY. + +BOSTON in New England + 15 August 1705 + +Sworne in presence of his Excellency the Governour before us + +ISA. ADDINGTON } +ANDREW BELCHER } of the Council + +[Footnote 2: Nathaniel Byfield--founder of Bristol, Mass, (now R.I.), +nephew of Archbishop Juxon and grandson of that Rev. Richard Byfield +who was vicar of Stratford-on-Avon during most of Shakespeare's +life--was commissioned admiralty judge for Massachusetts and Rhode +Island during brief periods in 1698 and 1703, again 1704-1715 and +1728-1732.] + +[Footnote 3: Nov. 7, 1704, Cranston had given a privateer's commission +to Capt. John Halsey of the brigantine _Charles_, the vessel that had +been Quelch's. The governor's confidence seems not to have been +justified, for presently Halsey entered upon a large and lurid career +of piracy, duly described in Johnson, _General History of the +Pyrates_, II. 110-118.] + +[Footnote 4: Assembly.] + +[Footnote 5: It would be hard to find any such grant in the Rhode +Island charter of 1663.] + + +_106. Commission for Trial of Piracy. November 1, 1716._[1] + +[Footnote 1: Charleston, Records of the Court of Vice-admiralty of +South Carolina, vol. A-B. The document is spread upon the records of +the court for Nov. 27, 1716, at the beginning of the day's +proceedings. This commission is a peculiar one. As has been explained +in note 2 to doc. no. 51 and in note 1 to doc. no. 104, the act 28 +Henr. VIII. ch. 15 (1536) provided for the trial of piracy by +commissions specially appointed for the purpose, and with a jury, but +did not extend to the oversea plantations, while the act 11 and 12 +Will. III. ch. 7 (1699-1700) extended to those dominions the crown's +authority to appoint such commissions. Before the passage of the +latter statute, colonial governors had as vice-admirals appointed such +commissions, which had then proceeded under the civil (Roman) law, and +not under the statute. But South Carolina had in 1712 expressly +adopted the act of 28 Henr. VIII. (Cooper, _Statutes at Large_, II. +470) and here we have a commission issued by the deputy governor and +council, under authority of the proprietors of Carolina, for trial +under the act of 1536, though action could have been taken under that +of 1700. The accused persons for whose trial the commission was issued +were acquitted. For the whole subject of piracy in or near Carolina, +where it was rife in these years, see S.C. Hughson, "The Carolina +Pirates and Colonial Commerce", in _Johns Hopkins University Studies_, +XII. The most famous case was that of Major Stede Bonnet, but the +original records of that case are fully printed in _State Trials_, ed. +Hargrave, vol. VI.] + +South Carolina. + +His Excellency John Lord Carteret, Palatine, The most Noble Henry Duke +of Beaufort, the Right Hon'ble William Lord Craven, the Hon'ble +Maurice Ashley Esqr., Sir John Colleton Baronet, John Danson Esqr., +and the rest of the true and absolute Lords and Proprietors of +Carolina,[2] To Nicholas Trott Esq., Judge of the Vice Admiralty in +South Carolina and chief Justice of the said Province,[3] The Hon'ble +Capt. Thomas Howard Commander of his Majestys ship the _Shoram_, the +Hon'ble Charles Hart Esqr., one of the Members of our Council in South +Carolina, the Hon'ble Thomas Broughton, Speaker of the Lower House of +Assembly in South Carolina, Arthur Middleton and Ralph Izard Esqrs., +Capt. Philip Dawes, Capt. Willm. Cuthbert, Commander of the _Fortune_ +Frigate, Capt. Allen Archer, Commander of the Brigantine _Experiment_, +and Samuel Deane and Edward Brailsford, merchants, Greeting. + +[Footnote 2: The six proprietors of Carolina here named held at this +time six of the eight shares in the property. The holder of the +seventh was a minor; the eighth was in litigation.] + +[Footnote 3: Nicholas Trott, LL.D., attorney-general of Bermuda +1696-1697, the first attorney general of South Carolina 1698-1702, +chief-justice 1702-1709, 1713-1719, a learned lawyer, and a great +power in the politics of the province so long as the rule of the +proprietors continued. He was the first vice-admiralty judge, having +commissions as such from both the king and the proprietors. He is +often erroneously identified with his cousin the governor (1693-1696) +of the Bahamas, the Nicholas Trott of docs. nos. 63 and 64.] + +Whereas by an Act of Parliament made in the Twenty-Eight year of Henry +the Eight Intituled for Pirates It is among other things Enacted That +all Treasons, Felonies, Robberies, Murthers and Confederacies +thereafter Committed in or upon the Seas or in any other Haven, River, +Creek or Place where the Admiral or Admirals have or Pretend to have +power, Authority or Juridiction, Shall be Inquired, Tryed, heard, +determined and Judged in such Shires and Places in the Realm as shall +be Limitted by the Kings Commission or Commissions to be directed for +the same in like form and Condition as if any such Offence or Offences +had been Committed or Done in and upon the Land, and such Commissions +shall be had under the Kings Great Seal Directed to the Admiral or +Admirals or to his or their Lieutenant, Deputy and Deputies, and to +three or Four such other Substantial persons as shall be named or +appointed by the Lord Chancellor of England for the time being from +time to time and as often as needs shall require, to hear and +Determine such Offences after the Common Course of the Laws of England +Used for Treasons, Felonies, Robberies, Murthers and Confederacies of +the same Done and Committed upon the Land within the Realm of England, +And it is further Enacted That such Persons to whom such Commission or +Commissions shall be Directed or four of them at the least shall have +full power and authority to Inquire of such Offences and of every of +them by the Oaths of Twelve good and Lawfull Inhabitants in the Shire +Limited in their Commission in such like manner and form as if such +offence had been Committed Upon the Land within the same Shire, And +that every Indictment found and presentd before such Commissioners of +any Treasons, Felonies, Robbery, Murthers, Manslaughters or such other +Offences Committed or done in and upon the Seas or in and upon any +other River or Creek Shall be Good and Effectual in the Law, and if +any Person or Persons happen to be Indicted for any such Offence done +or thereafter to be done upon the Seas or any other place above +Limitted That then such Order, Process, Judgement and Execution shall +be used had Done and made to and against every such person or Persons +so being Indicted as against Traitors, Felons and Murtherers for +Treason, Felony, Robbery, Murther or such Offences done upon the Land +as by the Law of this Realm is Accustomed, and that the Tryal of such +Offence or Offences if it be Denied by the Offender or Offenders shall +be had by Twelve Lawfull men Inhabited in the Shire Limited within +such Commission, which shall be Directed as is aforesaid, and no +Challenge or Challenges to be had for the Hundred. + +And such as shall be Convict of any such Offence or Offences by +Verdict, Confession or Process by Authority of any such Commission +shall have and Suffer such pains of Death, Losses of Lands, Goods and +Chattels as if they had been Attainted and Convicted of any Treasons, +Felonies, Robberies or other the Like said Offences done upon the +Land,[4] Which said Act for Pirates with Several other Acts of +Parliament of the Kingdom of England are made of Force in this +Province by of Act of Assembly Intitled an Act to put in Force in this +Province the several Statutes of the Kingdom Of England or South +Britain therein particularly mentioned, duely Ratified in open +Assembly the Twelth Day of December in the year of our Lord One +Thousand Seven Hundred and Twelve, In which said Act of Assembly +Amongst other things It is Enacted That the Honble Governor and the +Council of this Province for the time being shall have all the power +and Authority relating to the Execution of the therein Enumerated +Statutes as by the same or by any other the Laws of England are Given +to the Lord Chancellor or the Lord Keeper of the Great Seal of England +as the said Act of Assembly, reference being there unto had, will more +fully appear. + +[Footnote 4: Thus far quoting, correctly, sect. 2 of 28 Henr. VIII. +ch. 15.] + +Now Know yee, That we, reposing especial Trust and Confidence in the +Ability, Care, Prudence and Fidelity of you the said Nicholas Trott, +Thomas Howard, Charles Hart, Thomas Broughton, Arthur Middleton, Ralph +Izard, Philip Daws, William Cuthbert, Allen Archer and Samuel +Brailsford or any four of you, the said Nicholas Trott to be one, have +constituted and Appointed and by these presents Do Constitute and +Appoint you to be Our Commissioners in South Carolina for Examining, +Enquiring of, Trying, Hearing and Determining and Adjudging, according +to the directions of the said act of Parliament as made of force in +the said province of South Carolina, all Treason, Piracies, Robberies, +Felonies and Murthers Committed in or upon the Sea or within any +Haven, River, Creek or place where the Admiral or Admirals have power, +authority or Jurisdiction, And to Do all things necessary for the +hearing and final Determination of any Cases of Treason, Piracy, +Robbery, Felony or Murther Committed on the Sea or where the Admiral +hath Jurisdication, and to Give Sentence and Judgement of Death and to +Award Execution of the Offenders so Convicted and Attainted, And we +hereby direct, Impower and require you our said Commissioners to +proceed, Act, Examine, hear, adjudge and Determine in all things as +fully and amply to all Intents and purposes within this province of +South Carolina as any Commissioners in the Kingdom of England +Impowered by Commission under the Broad Seal pursuant to the said +Statute of the Twenty Eight of Henry the Eight for Pirates or any the +like Commissioners in any of the British Plantations in America can or +may lawfully doe, perform and Execute, And we do hereby Require and +Command all our Officers and all other Persons whatsoever in anywise +concerned to take notice of this our Grant and give all due Obedience +to your said Commissioners in the Execution of the several powers +herein Granted you, as they will Answer the Contrary att their Perils. +Witness our Deputy Governor and our Deputies at CharlesTown in South +Carolina And Given under the Publick Seal of the said Province of +South Carolina This First day of November In the Third year of the +Reign of our Lord George, by the Grace of God of Great Britain France +and Ireland King, Defender of the faith etc. And in the year of our +Lord One Thousand Seven hundred and Sixteen. + +ROBERT DANIEL.[5] +GEORGE LOGAN. +FRA. YONGE. +SAM: EVELEIGH. + +[Footnote 5: Governor Edward Craven, sailing for England in April +preceding, had left Col. Robert Daniel deputy governor in his stead. +The other signers were deputies of individual proprietors.] + + + + +THE PIRATES OF THE _WHIDAH_. + + +_107. Cyprian Southack to Governor Samuel Shute. May [5?], 1717._[1] + +[Footnote 1: Mass. Archives, vol. 51, pp. 287, 287a. Cyprian Southack +was a notable sea-captain and pilot. For a number of years he +commanded the naval vessel of Massachusetts, so that it was the +natural course for the governor to send him in pursuit of pirates who +suddenly appeared on the Massachusetts coast. In 1711 he had commanded +a vessel in the unfortunate expedition against Quebec under Sir +Hovenden Walker, and the admiral had stayed at his house during his +long detention in Boston. He was also the most noted map-maker of his +time in New England; in 1694 King William had admitted him to kiss his +hands and had given him a gold chain of L50 for his map of +Newfoundland, Nova Scotia, and the St. Lawrence region (_Acts. P.C. +Col._, II. 264). The governor whom he addresses was Samuel Shute, +governor 1716-1727. The ending of the War of the Spanish Succession +(1713) had as usual caused a large revival of piracy, many privateers +turning to that trade. The career of the _Whidah_ and of Capt. Samuel +Bellamy can be made out from the depositions which follow. On April +26, in a heavy gale, she had come ashore on the sands of Cape Cod, in +what is now Wellfleet, and all on board but two men (see doc. no. 114) +were drowned. More than a hundred of the pirates thus perished. Of +those who escaped wreck, in the smaller vessels, several, who had +constituted the prize crew of the _Mary Anne_ (doc. no. 109), were +captured, tried, and executed (doc. no. 112). The story is told in +_The Trials of Eight Persons Indited for Piracy_, etc. (Boston, 1718), +and by Mr. John H. Edmonds in the _Boston Sunday Globe_ for Oct. 22, +1916.] + +CAPE COD HARBOUR[2] May [5?] 1717 + +[Footnote 2: Southack had come across from Boston into the inner side +of the Cape.] + +_Maye itt Pleass Your Excellency_ + +_Sir_, may 2 at 1 After noon I Came to Anchor here, finding Serveral +Vessells, Visseted them and on board one of them found a Yung man +boling[3] to the Ship the Pirritt[4] Took 26 April in South Channell, +Saileing from Nantaskett the Day before at 3 After noon. April 26 +Pirritt Ship Took a Sloop in South Channell, Lading with West India +Goods, Sloop or Master I no not as Yett.[5] at 7 After noon the +Pirrett Ship with her Tender, being a Snow a bout Ninty Tuns they Took +in Latitude 26 deg., 15 Days agoe,[6] maned with 15 of Pirritts men, wine +Ship and Sloop all to Gather Standing to the Northward. at 12 Night +the Pirritt Ship and wine Ship Run a Shore, the Snow and Sloop Gott +Off Shore, being Sen the Next morning in the Offen.[7] + +[Footnote 3: Belonging. Spelling was not one of the captain's many +accomplishments. For facsimiles of his handwriting, see _Memorial +History of Boston_, II. liv, 98.] + +[Footnote 4: Pirate. The South Channel lies in the southern portion of +Nantucket Sound, south of the great shoal known as the Horse-shoe. The +ship here alluded to was the pink _Mary Anne_; see doc. no. 109.] + +[Footnote 5: The _Fisher_; see doc. no. 111.] + +[Footnote 6: See the last part of doc. no. 108. A snow was a small +vessel like a brig except for having a supplementary third, or +trysail, mast.] + +[Footnote 7: Seen; offing. The local legend, as recounted by the +minister of Wellfleet in 1793, was that the captain of the snow, +ordered by Bellamy to precede the _Whidah_ with a light at his stern, +under promise of receiving the snow as a present if he should pilot +him safely into Cape Cod Harbor, purposely "approached so near the +land, that the pirate's large ship which followed him struck on the +outer bar: the snow being less [in draft] struck much nearer the +shore". Rev. Levi Whitman, in Mass. Hist. Soc., _Coll._, III. 120. But +the evidence in doc. no. 111 is to the contrary.] + +Sir, 29 April Came to Anchor sum Distance from the Pirritt Rack[8] +Ship, a Very Great Sloop. After Sending his boat to the Pirrit Rack +Thay Came to Saile and Chassed serveral of Our fishing Vessells, then +stod in to Sea which I belive to be his Cunsatte.[9] + +[Footnote 8: Wreck.] + +[Footnote 9: Consort.] + +May 2 at 2 After noon I sent Mr. Little and Mr. Cuttler to the Rack. +they Got their that Night and Capt[10] watch till I Came the Next +morning. at my Coming their I found the Rack all to Pices, North and +South, Distance from one a Nother 4 Miles. Sir, whear shee Strock +first I se one Anchor at Low water, sea being so Great Ever sence I +have ben here, Can not Come to se what maye be their for Riches, nor +aney of her Guns. she is a ship a bout Three hundred tuns. she was +very fine ship. all that I Can find saved Out of her, is her Cables +and som of her sailes, Cut all to Pices by the Inhabitances here. +their has ben at this Rack Two hundred men at Least Plundring of +her.[11] sum saye they Gott Riches Out of the sand but I Can not find +them as yett. Sir, what I shall Gett to Gather will be to the Value of +Two hundred Pounds. If Your Excellency Pleass to send the sloop to +Billingsgatt[12] for itt, is Carted Over Land to that Place. Sir, here +has been 54 whit men and 4 Negros Come a shore Ded from the Rack. If +their be aney News by the Pirritts at boston[13] whear the money is, I +humbley Desier Your Excelleny menets[14] of what Place in the ship itt +was in, for I am in Great hops. whare the Anchors are the money is I +fancy, and weather Per mett I have Got a whale boat to fish for itt +and Things for that service.[15] + +[Footnote 10: Kept.] + +[Footnote 11: "Wrecking" was still an important industry in the world. +Indeed, as late as 1853, in this very neighborhood (Nauset Light), +Emerson records in his _Journal_, VIII. 399, "Collins, the keeper, +told us he found obstinate resistance on Cape Cod to the project of +building a lighthouse on this coast, as it would injure the wrecking +business".] + +[Footnote 12: Wellfleet Bay.] + +[Footnote 13: Those already in prison.] + +[Footnote 14: Minutes.] + +[Footnote 15: Rev. Mr. Whitman says (1793), "At times to this day, +there are King William and Queen Mary's coppers picked up, and pieces +of silver, called cob money [see doc. no. 62, note 15]. The violence +of the seas moves the sands upon the outer bar so that at times the +iron caboose of the ship, at low ebbs, has been seen." _Ubi sup._ In +1863 she was quite visible. Another reporter tells us that "For many +years after this shipwreck, a man of a very singular and frightful +aspect used every spring and autumn to be seen travelling on the Cape, +who was supposed to have been one of Bellamy's crew. The presumption +is that he went to some place where money had been secreted by the +pirates, to get such a supply as his exigencies required. When he +died, many pieces of gold were found in a girdle which he constantly +wore." Thoreau, _Cape Cod_, ed. 1914, p. 192. On one of Southack's +maps, a narrow waterway across Cape Cod is marked with the legend, +"The Place where I came through with a Whale Boat, being ordered by +the Governm't to look after the Pirate Ship _Whido_, Bellame +Command'r, cast away the 26 of April, 1717, where I buried One Hundred +and Two Men Drowned". This map, with this legend, is reproduced at the +back of Miss Mary R. Bangs's _Old Cape Cod_ (Boston, 1920). The +western initial portion of this waterway still exists, in the town of +Orleans, and is known as "Jeremiah's Gutter". See A.P. Brigham, _Cape +Cod and the Old Colony_, pp. 80-82.] + +Sir, here is One Caleb Hopkines, Senr., of freetown, which has Dun a +Great Dell of Damage to Your Excellency Officers in Doeing their Duty. +I Pray Your Excellency would send a Order for his Coming to boston in +Order to Answare what I shall Aledge aganst him. + +Sir, Yr Excellency Most +Obed. serv'tt + +CYPRIAN SOUTHACK. + + +_108. Examination of John Brown. May 6, 1717._[1] + +[Footnote 1: Suffolk Court Files, no. 11945, paper 5; a fragment.] + +The Substance of the Examinations of John Brown, etc. Taken by order +of His Excellency the Governour on Munday the 6th of May 1717. + +John Brown being interrogated saith, that he was born in the Island of +Jamaica, is 25 years old and unmarried. About a year agoe he belonged +to a Ship commanded by Captain Kingston, which in her voyage with +Logwood to Holland was taken to the Leeward of the Havana by two +Piratical Sloops, one commanded by Hornygold[2] and the other by a +Frenchman called Leboose,[3] each having 70 men on board. The pirats +kept the Ship about 8 or 10 daies, and then having taken out off her +what they thought proper delivered her back to some of the men, who +belonged to her. Leboose kept the Examinate on board his Sloop about 4 +months, the English Sloop under Hornigolds command keeping company +with them all that time. Off Cape Corante[4] they took two Spanish +Briganteens without any resistance, laden with cocoa from Ma[l]aca. +The Spaniards, not coming up to the pirats demand about the ransom, +were put ashoar and their Briganteens burn'd. They sailled next to the +Isle of Pines, where meeting with three or four English Sloops empty, +they made use of them in cleaning their own, and gave them back. From +thence they sailled in the latter end of May to Hispaniola, where they +tarried about 3 months. The Examinate then left Leboose and went on +board the Sloop commanded formerly by Hornygold, but at that time by +one Bellamy, who upon a difference arising amongst the English Pirats +because Hornygold refused to take and plunder English Vessels, was +chosen by a great majority their Captain, and Hornygold departed with +26 hands in a Prize Sloop, Bellamy having then on board about 90 men, +most of them English. Bellamy and Leboose sailled to the Virgin +Islands and took several small fishing boats, and off St. Croix a +French Ship laden with flower and fish from Canada, and having taken +out some of the flower gave back the Ship. Plying to the Windward the +morning they made Saba[5] they spy'd two Ships, which they chased and +came up with, the one was commanded by Captain Richards,[6] the other +by Capt. Tosor, both bound to the bay. Having plunder'd the Ships and +taken out some young men, they dismist the rest and Tosors Ship and +made a man of War of Richards's, which they put under the command of +Bellamy, and appointed Paull Williams Captain of the Sloop. Next day +they took a Bristol Ship[7] commanded by James Williams from Ireland +laden with provisions, and having taken out what provisions they +wanted and two or three of the Crew let her goe. Then they parted with +their French consort at the Island of Blanco[8] and stood away with +their Ship and Sloop to the windward passage, where in the latter end +of February last they met with Captain Laurence Prince in a ship of +300 Ton called the _Whido_, with 18 guns mounted, and fifty men, bound +from Jamaica to London, laden with Sugar, Indico, Jesuits bark and +some silver and gold, and having given chase thre daies took him +without any other resistance than his firing two chase guns at the +Sloop, and came to an anchor at Long Island.[9] Bellamy's crew and +Williams's consisted then of 120 men. They gave the Ship taken from +Captain Richards to Captain Prince, and loaded her with as much of the +best and finest goods as she could carry, and gave Captain Prince +above twenty pounds in Silver and gold to bear his charges. They took +8 or 10 men belonging to Captain Prince; the Boatswain and two more +were forced, the rest being volunteers. off Petteguavis[10] they took +an English Ship hired by the French, laden with Sugar and Indico, and +having taken out what they had occasion for, and some of the men, +dismist her. Then they stood away for the Capes of Virginia, being 130 +men in Company, and having lost sight of the Sloop the day before they +made the land, they cruised ten daies, according to agreement between +Bellamy and Williams, in which time they seized three ships and one +Snow, Two of them from Scotland, one from Bristol, and the fourth a +Scotch Ship, last from Barbadoes, with a little Rum and Sugar on +board, so leaky that the men refused to proceed further. The Pirats +sunk her. Having lost the Sloop they kept the Snow, which was taken +from one Montgomery, being about 100 Ton, and manned her with 18 +hands, which with her own Crew made up the number of 28 men; the other +two Ships were discharged being first plundered. They made[11] + +[Footnote 2: Benjamin Hornigold was a pirate captain of some fame; he +soon after this surrendered to the governor of Bermuda, and "came in" +under the king's proclamation of Sept. 5, 1717, which offered pardon +to those pirates who should surrender within a given time. Charles +Johnson, _General History of the Pyrates_ (second ed., London, 1724), +I. 35, 70, 71; II. 274-276.] + +[Footnote 3: _Id._, I. 35, 184.] + +[Footnote 4: Cape Corrientes, near the southwestern point of Cuba.] + +[Footnote 5: A small Dutch island, east of St. Croix, and between St. +Martin and St. Eustatius.] + +[Footnote 6: The _Sultana_, James Richards. "The bay" means the Bay of +Honduras.] + +[Footnote 7: The _St. Michael_.] + +[Footnote 8: An islet among the Virgin Islands, east of St. John, and +not far from the Dead Man's Chest. The Windward Passage lies between +Haiti and Cuba. Jesuits' bark is cinchona, from which quinine is +made.] + +[Footnote 9: One of the Bahamas.] + +[Footnote 10: Petit Goave, a port in the southern part of Haiti.] + +[Footnote 11: Here the fragment ends.] + + +_109. Deposition of Thomas FitzGerald and Alexander Mackonochie. May +6, 1717._[1] + +[Footnote 1: Suffolk Court Files, no. 11945, paper 9.] + +The Deposition of Thomas Fitz Gerald, Marriner, aged about nineteen +years, and late Mate of the Pink _Mary Anne_, belonging to Dublin +(whereof Andrew Crumsty was lately Commander) and Alexander +Mackconothy late Cook of the said Pink, aged fifty five years. + +These Depon'ts Testify and say That on the twenty fourth day of April +last past, they sailed from Nantasket harbour bound for New York, and +on the twenty sixth day of the said month, being friday, in the +morning about nine of the clock, they discovered a large Ship, and her +Prize, which was a Snow, astern, and the large Ship came up with the +said Pink _Mary Ann_, between nine and ten, and ordered us to strike +our Colours, which accordingly we did, and then they shot ahead of us, +and braced too, and hoisted out her boat and sent seven Men on board, +Armed with their Musquets, pistols and Cutlashes (which Men are now in +Boston Goal) and they commanded the said Capt. Crumpsty to take his +Papers, and go aboard the said Ship with five of his hands and +accordingly the said Crumpsty with five of his Men rowed aboard the +said Pyrates Ship, and the seven Men tarryed aboard the Pink, and soon +after the Pyrates sent their boat on board the said pink with four +hands to get some of the Wine which they were Informed was on board +the Pink, and accordingly they hoisted the pinks boat off of the +hatches and opened the hatches and then went into the hold, but the +Cable being Quoiled in the hatchway, they found it difficult to Come +to the Wines in the hold, and so returned to their own Ship without +any wine, Except five bottles of green wine which the found in the +pinks Cabbin and carryed away, with some of the Cloaths which belonged +to the pinks Company, and presently after the pyrates had hoisted +their boat on board the great Ship, they gave Orders to the Pyrates on +board the pink to steer North Northwest after them, which Course they +followed till about four a Clock in the afternoon, and then the large +Ship whereof Capt. Samuel Bellame was Commander, and the snow and pink +lay too,[2] it being very thick foggy weather, And about half an hour +after four a Clock a sloop came up with Capt. Bellames Ship and he +hoisted out his boat and sent several men on board the Sloop and soon +afterwards, Vizt. about five a Clock, the Commander of the snow bore +away, and came under the stern of Capt. Bellames Ship and told him +that they saw the Land; And thereupon Capt. Bellame Ordered the +Pyrates on board the Pink to steer away North, which they did, and as +soon as it began to be dark the sd Capt. Bellames Ship put out a light +astern and also the snow and the sloop and the pink had their lights +out; and about ten a Clock the weather grew thick and it lightned and +rained hard and was so dark, that the pinks Comp. Could not see the +shore till they were among the Breakers, when the Depon't Fitz Gerald +was at helm, and had lost sight of the Great Ship, Snow and Sloop; and +being among the breakers we thought it most proper and necessary to +weere[3] the Pink, and before we could trim the head sails we run +ashoar opposite to Sluts bush at the back of Stage harbour to the +southward of Cape Codd[4] between ten and Eleven a Clock at night, And +the seven Pyrates together with the Depon't and a young man named +James Donovan tarryed on board the said Pink till break of day[5] and +then found the shoar side of the Pink dry and so all of them went on +shoar upon the Island called Poachy[6] beach, and there tarryed till +about ten a Clock, when two Men came over in a Canno, Namely John +Cole[7] and William Smith, who Carryed the seven pyrates over to the +Main land, and then Cole came again to the Depon't and Inquired who +they (meaning the pyrates) were, and the Depon't Mackconothy Answered +they were pyrates and had taken the said pink, and soon after the said +John Cole Informed Mr. Justice Done of Barnstable[8] thereof, by +virtue of whose Warrant the said seven Pyrates were Apprehended, and +the Depon'ts Journeyed with them to Boston, where they are now in +Custody of the Keeper of His Maj'ties Goal as is aforesaid. And +further the Depon'ts say not; but that the said Pink is Bilged on +shoare, so that it is impossible to get her off. + +THOS. FITZ GERALD + + signum +ALEXANDER [X] MACKCONOTHY + +BOSTON May 6th 1717 +Jurat May 8th, 1717 + +[Footnote 2: To.] + +[Footnote 3: Wear, to come about before the wind.] + +[Footnote 4: Slut's Bush was a rocky, swampy piece of land, well grown +with berry-bushes, in the midst of the large isle of Nauset, that lay +outside of the smaller Pochet Island and outside Stage or Nauset +Harbor, the harbor of Eastham. Now, Slut's Bush ledge and Nauset +Island are far out from the present shore and under deep water. On +this mostly sandy coast wind and wave have made extraordinary changes. +They are described, down to 1864, in an article by Amos Otis on "The +Discovery of an Ancient Ship", in _N.E. Hist. Gen. Register_, XVIII. +37-44. Much of his information came from the grandson of John Doane, +mentioned below, a grandson born not much later than 1717.] + +[Footnote 5: In another deposition of Thomas Fitzgerald, reproduced in +_Trials of Eight Persons_, he gives us a quaint glimpse of the +pirates' psychology during this night of peril: "And in their Distress +the [Pirates] ask'd the Deponent to Read to them the Common-Prayer +Book, which he did about an Hour; And at break of Day they found the +Shoar-side of the Pink dry."] + +[Footnote 6: Pochet.] + +[Footnote 7: See his testimony in doc. no. 112.] + +[Footnote 8: Either John Doane, Esq., or his cousin Joseph. Both were +justices of the peace for Barnstable County, but neither lived in +Barnstable town; they were the leading residents of Eastham.] + +James Donovan, within named, made oath to the truth of the within +written Deposition, and further saieth that being upon deck on Friday +in the afternoon, on which day the Pink was taken, Alexand'r +Mackonothy being at the Helmn steering to windward of her Course, this +Declar't heard John Brown, one of the Pirates now in Goal, say that +for a small matter he would shute Mackonothy thro the head as soon as +he would a Dog and he should never tell his story. + +JAMES DONOVAN + +Jurat Cor. May 8th 1717 + +Coram[9] PENN TOWNSEND } Justices of the + JOHN CLARK } Peace + OLIVER NOYES } + +Attest. JOS MARION D. Secr'y.[10] + +[Footnote 9: In the presence of.] + +[Footnote 10: Deputy secretary of the province. Josiah Willard was +secretary.] + + +_110. Cyprian Southack to Governor Samuel Shute. May 8, 1717._[1] + +[Footnote 1: Mass. Archives, vol. 51, pp. 289, 289a.] + +EASTHAM May the 8, 1717 + +_Maye itt Pleass Your Excellency_ + +_Sir_, Captt. Gorham, Mr. Little, Mr. Cuttler and Mr. Russell, +Gentt'men that I have Deputed, have Rid at Least Thirty miles a moung +the Inhabtances, whome I have had Information of ther being at the +Pirate Rack, and have Gott Concernable Riches out of her. the first +men that want Doun to the Rack with the English man that was Saved out +of the Rack, I shall Mention their Names to Your Excellency in Order +for a Warrant to me for bringing them for boston before Your +Excellency, or as You Pleass, Sir, for all thes Pepol are very stife +and will not one[2] Nothing of what they Gott, on the Rack. Sir, +Fryday 26 April, at 12 night, Pirate Ship Came a shoare. Saturday 27 +Instant, at 5 morning, Came the English man that was Saved out of +Pirate Ship,[3] Came to the house of Samuell harding, Two miles from +the Rack. After a smalle time the saide harding took the English man +on his Horse and Carred him to the Rack. thes Two made Serverall +Turnes from the Rack to harding house, so they most Gett much Riches. +by 10 Clock the same morning their Gott to the Rack a bout 10 men +more, and Gott a Great Dell of Riches. Sunday morning, Joseph[4] +Doane, Esqr., gott to the Rack but all was Gon of Vallue. Sir, he +Comanded the Inhabtances to save what they Could for the King, which +was them Things I Rett[5] to Your Excellency before of. Sir, the +Curner[6] and his Jurey Putt a stop to serverall Things beloning to +the Rack in Part for buering[7] Sixty Two men Came a shoare Dead from +the Pirate Rack, the Curner and his Jurey says their Due is Eight +Three Pounds. Sir, I am of the mind that the Curner and Jurey should +have nothing for buering aney of thes men After they New them to be +Pirats, and they had bured but Thirteen before they new them to be +Pirats. as Your Excellency Pleass, I humbley Desier Your Excellency +Orders to this Afare. the Curner name is Samuell freeman, for his +stoping aney of the Rack Goods for Paye is very hard. Sir, the weather +has ben very bad, and Great Sea, so we Can Due Nothing as yett on the +Rack with my Whale boat and men, but se the Anchor Every Low Watter. +Sir, If some Gentt'men ware Commissined here to Give Serverall of them +their Oath Concerning the Rack, itt will be of Great Service. Sir, +Coll. Ottis[8] and Joseph Doane, Esqr., are Very Good men. + +[Footnote 2: Own.] + +[Footnote 3: Thomas Davis; see his memorial, doc. no. 114.] + +[Footnote 4: See doc. no. 109, note 8.] + +[Footnote 5: Writ. The money on board the _Whidah_ was claimed by the +crown because of its being the product of piracy, not because of the +shipwreck, for if man or cat or dog escaped alive from any shipwrecked +vessel, its contents were technically not "wreck of the sea", +belonging as such to the crown, but were reserved for the owners, with +reasonable salvage to the preservers. A recent act, 12 Anne, II., ch. +18, provided that any who secreted goods saved from a wreck should be +punished with a fine of treble value; but this act did not run in +Massachusetts.] + +[Footnote 6: Coroner. Investigation in cases of wreck and +treasure-trove was part of the duties of his office.] + +[Footnote 7: Burying.] + +[Footnote 8: Col. John Otis, the chief magnate of Barnstable County, +colonel of its militia, judge, member of the governor's council, and +grandfather of James Otis the revolutionary orator.] + +Sir, 72 Dead men are Come a shoare out Pirate ship to this Time. + + The men that were Down first at the rack + + Samuell Harding Jonathan Cole + Joseph Collins Senr. Edward Knowles + Abiel Harding Thomas Wood + Samuell Horton Samuell Airy + +Sir, Yr Excellency Most +Obd. Servant + +CYPRIAN SOUTHACK. + + +_111. Deposition of Ralph Merry and Samuel Roberts. May 11, 16, +1717._[1] + +[Footnote 1: Suffolk Court Files, no. 11945, paper 3.] + +We, Ralph Merry and Samuel Roberts, mariners, both of full age, +Joyntly and Severally testify and make Oath That on the twenty sixth +day of April last we belonged to a certain Sloope Called the _Fisher_ +(whereof Robert Ingols was Commander), bound to Boston from Virginia, +being laden with Tobacco, hides and other things. That Assoon as we +arived within a few leagues off Cape Codd we met with a Ship of twenty +eight guns called the _Wedaw_, which assoon as they came near, haled +us and Demanded from whence we came. We told 'em That we came from +Virginia and were bound for Boston. Then they asked us whether the +Master was Acquainted here, meaning (as we suppose) with the Coast. +Our Master Answered he knew it very well, Whereupon they Commanded our +Master and Company to hoist out our boat, which we did, and then our +Master and Mate went on board the said Ship. they, keeping our Master +and Mate on board thereof, Sent four men Armed from thence on board of +our Sloop, whereupon the said Ship stood away to the Northward and +gave Orders to our Sloope to follow their Light, And being in the +Night we lost Sight of said Ship And followed a Snowe light which was +before in Company with her (which said Snow was a Prize the said Ship +had taken off from the Capes of Virginia, as we were informed) untill +the Snow was almost ashoar. then the said Snow came to an Anchor And +Called to us to doe the same, which we Accordingly did, and lay there +till about ten of the Clock the next day, being the twenty Seventh day +of said month; then, the wind blowing off Shoar, they Cutt their Cable +and bid us make the best of our way after them to the Eastward, and +About three leagues off the Cape they, taking out of our Sloope what +they pleased, Commanded us to goe on board the said Snow. then they, +Cutting our Mast off by the board, the hatches of our Sloope being +open, left her afloat in the Sea, then makeing the best of their way +to Menhagen[2] at the Eastward, where we arrived the twenty ninth of +said April, where they stayed and waited for the aforesaid Ship +_Wedaw_ Some time, but she came not, whereupon, thinking the Ship was +lost, they fitted their Long boat and sent her down to Mentinacus,[3] +where they tooke a Sloope belonging to Colonel Minot,[4] one Shallop +belonging to Capt. Lane,[5] and three Scooners. They brought the Sloop +and Shallop and (as we are Informed) the Sailes and Compasses of the +three Scooners to Menhagen, whereupon they manned the last mentioned +Sloope with ten hands and soe went after Capt. Cars Sloope, lying at +Peniquid,[6] which they alsoe took a little distance from said +Peniquid, but finding the Mast and Bowspreat not Serviceable they left +her there, and brought the Master thereof on board the Snow then at +Menhagen aforesaid. In these ten mens absence Came into Menhagen two +Shallops from Marblehead, which the Snow tooke and Caused 'em to come +to an Anchor there, and sent the men therein togeather With us the +Depon'ts to prison upon Menhagen Island, where we lay till they had +fitted the Sloop of Collonel Minots aforesaid with what they thought +fit from the Snow, and soe departed and left the Snow and all the rest +behind,[7] and leaving us to our Libertyes ordered the Skipper of the +Shallope to carry us to Marblehead which they accordingly did, where +we arrived yesterday, being the tenth day of May Instant. + +RALPH MERRY +SAM'LL ROBERTS + Attest: JOS. MARION, D. Secr'y. + +BOSTON, May 16, 1717 +Sworne before the Hon'bl Lieutenant +Governour and Council. + +[Footnote 2: Monhegan, a small island on the coast of Maine, off +Pemaquid Point.] + +[Footnote 3: Matinicus, a small island farther east, southward from +Rockland.] + +[Footnote 4: Stephen Minot of Boston.] + +[Footnote 5: Capt. John Lane of Malden, son of a noted +Indian-fighter.] + +[Footnote 6: Pemaquid.] + +[Footnote 7: A letter from Capt. John Lane, dated at Winter Harbor May +19, shows the continuance of operations: "This moment Came A young man +from Spurwinke which wass Taken by A pirat sloop of Aboute ninty men +with Eight guns which is now att an anker In Cape Elesebth Roade ... +they have Taken one sloop and one shallop which they keep with them". +Maine Hist. Soc., _Coll._, second ser., IX. 357.] + + +_112. Trial of Simon van Vorst and Others. [October], 1717._[1] + +[Footnote 1: Suffolk Court Files, no. 10923; a fragment. The persons +on trial were Simon van Vorst, born in New York, John Brown, born in +Jamaica, Hendrick Quintor and Thomas Baker, both born in Holland, +Peter Cornelius Hoof, born in Sweden (but the name is Dutch), John +Shuan, a Frenchman, born in Nantes, and Thomas South, born in Boston, +England. The trial began Oct. 18, 1717; all but South were condemned +Oct. 22, and executed Nov. 15, "within flux and reflux of the sea."] + +That one of the Prisoners asked the Depont. what he thought they were, +to which Baker who stood by, said that the King had Given them a +Commission to make their Fortune, and they were sworn to do it. After +the pink was cast on shoar they said they were in as bad a Condition +then as before. + +Alexander Mackonachy, late Cook of the Pink _Mary Anne_ of Dublin,[2] +Saith, That on the 26th day of April last past, in the course of their +Voyage from Nantasket to New York, they were taken by a pyrate Ship +Called the _Whido_, Comanded by Capt. Samuel Bellamy, That all the +Prisoners at the Barr came on board the sd Pink Armed, Except Thomas +South and John Shuan, and made themselves Masters of the Pink; And +that Simon Van Vorst ordered the Captain to go on board the Ship +_Whido_ with his Papers and five of his Company. The Depont. further +Saith That the Pink was Cast away opposite to an Island Called Slutts +Bush; and after the prisoners were Carryed to the Main Land they +looked very sorrowfull and made all Imaginable speed in order to +Escape from the Hands of Justice. That Thomas South behaved himself +Civilly. That Thomas Baker Cutt down the Foremast and Mizen Mast of +the Pink when she run on shoar. + +[Footnote 2: See doc. no. 109.] + +John Brett, Marriner, Testifyeth and Saith, That in the Month of June +1716 he was taken by two Pyrate Sloops, one Commanded by Capt. Samuel +Bellamy and the other by Capt. Labous. They Damn'd the Depont. and bid +him bring his Liquor on board. They Carryed him to the Island of +Pynes, and he was detained a Prisoner by them there Eighteen days, +During which time John Brown was as Active on board the Pyrate Sloop +as the rest of the Company, he told a Prisoner then on board that he +would hide him in the hold, and hinder him from Complaining against +him, or telling his Story. + +Thomas Checkley, Marriner, Saith, That he knows John Shuan the +Prisoner at the Barr, That he belonged to the _Tanner_ Frigot, One +John Stover Master, and sometime in March last the said Ship or Frigot +was taken in the prosecution of her Voyage from Pettyguavus to old +France by Capt. Samuel Bellamy and Monsieur Lebous. they pretended to +be Robbin Hoods Men. That Shuan Declared himself to be now a Pyrate, +and went up and unrigged the Maintopmast by order of the pyrates, who +at that time forced no Body to go with them, and said they would take +no Body against their Wills. + +Moses Norman says that he knows Thomas Brown, and saw him in Company +with the Pyrates belonging to Capt. Bellamy and Monsr. Lebous when the +Depont. was taken with Capt. Brett in the Month of June 1716. That he +was Carryed to the Isle of Pynes, and kept Prisoner Seventeen or +Eighteen days, During all which time the sd Thomas Brown was very +Active on board of Capt. Labous. + +John Cole Saith That on the twenty seventh day of April last he saw +the Prisoners now at the Barr, in Eastham, soon after they were Cast +on shore, that they tarryed a short time at his house, and lookt very +much Dejected and Cast down. they Enquired the way to Rhode Island, +and made great hast from his house tho he asked them to tarry and +refresh themselves. + +John Done, Esq., Saith that hearing there were some Pyrates Journeying +towards Rhode Island, he pursued them with a Deputy Sheriff and other +assistants, and seized the Prisoners, now at the Barr, at Eastham +Tavern about the 27th of April last; When they Confessed that they +belonged to Capt. Bellamy Comander of the Ship _Whido_, and had taken +the Pink _Mary Anne_, in which they run on shoar. + +After the aforenamed Witnesses were Examined, the Court in favour of +the Prisoners by giving them time to make their Defence Adjournd till +three a Clock post merediem. + +The Court met about that time and the Prisoners were sent for and +brought again to the Barr, when the President[3] Observed to them, +that this Court had Given them time, till now, to make their own +Defence, Then demanded what they had to say for themselves. + +[Footnote 3: Governor Shute. The court consisted of the governor, +William Dummer, lieutenant-governor, nine members of the council, John +Menzies, vice-admiralty judge, the captain of H.M.S. _Squirrel_, then +on the New England station, and the collector of the plantation duties +at Boston. See doc. no. 201, note 1.] + +Simon Van Vorst Alledged that he was forced by Capt. Bellamys Company +to Do what he did, and would have mad known his Intentions to make his +Escape from the Pyrates unto the Mate of the sd Pink, but that he +understood by the Mates Discourse that he Inclined to be a Pyrate +himself, and therefore he did not discover his mind to the Mate. + +Thomas Brown pretended himself also to be a forced Man, but produced +no Evidence to make it Appear to the Court. + +Thomas South Alledged that he belonged to a Bristoll Ship[4] whereof +one James Williams was Master, That he was taken by Capt. Bellamy and +forced to tarry with him, otherwise was threatened to be put upon a +Desolate Island where there was nothing to Support him. + +[Footnote 4: The _St. Michael_.] + +Thomas Baker Saith that he and Simon Van Vorst were both taken out of +one Vessell, That he Attempted to make his Escape at Spanish Town,[5] +and the Governour of that place seemed to favour his Design, till +Capt. Bellamy and his Company sent the Governour word that they would +burn and destroy the Town, if that the sd Baker and those that +Concealed themselves with him were not delivered up, And afterwards he +would have made his Escape at Crabb Island[6] but was hindred by four +of Capt. Bellamy Compa. + +[Footnote 5: The old Spanish capital of Jamaica, founded in 1525 by +Diego Columbus under the name of Santiago de la Vega.] + +[Footnote 6: See doc. no. 72, note 5.] + +Hendrick Quintor saith That he was taken by Capt. Bellamy and Monsr. +Labous; and they had Agreed to let him go to the Coast of Crocus[7] in +the French Vessel which they took him in, But the Commander thereof +soon after dyed and so Captn. Bellamy would not permit him to proceed +the sd. Voyage and he was unavoidably forced to Continue among the +Pyrates. + +[Footnote 7: Caracas?] + +Peter Cornelius Hoof Declares and Saith That he was taken by Capt. +Bellamy in a Vessel whereof John Cornelius was Master, That the sd. +Bellamys Company swore they would kill him unless he would Joyn with +them in their unlawfull Designs. + +John Shuan, by his Interpreter, Saith That he was sick at the time +when Capt. Bellamy took him, and went on board the Pyrate Vessel at +the Instance of Capt. Bellamy's Doctor, who advised him to stay with +him till his Cure. And that when he went on board the Pink _Mary Anne_ +he did not Carry any Arms with him; and that he hoped by going on +board the Pink he should the sooner make his Escape from the Pyrates, +for that he had a better way of getting his Living than by Pyrating. + +The Evidence for the King being fully heard, and also the Pleas and +Allegations made by the Prisoners at the Barr, His Majesty's Attorney +General[8] in a very handsome and learned speech summed up the +Evidence and made his Remarques upon the whole, and the Court was +cleared, and the Evidence and pleadings thereupon against the +Prisoners, with their Defences, having been duly considered, and the +Question put,[9] + +[Footnote 8: Paul Dudley, acting as king's advocate before the special +commission appointed under the act of 11 and 12 Will. III. ch. 7. See +doc. no. 104, note 1.] + +[Footnote 9: Here this fragmentary record of the trial ends. On Oct. +22 Van Vorst, Brown, Quintor, Hoof, Shuan, and Baker were condemned +and sentenced to death. Cotton Mather records in his _Diary_, II. 483, +that on Nov. 2 he had obtained a reprieve, perhaps a pardon, for one +who was more penitent and less guilty than the others (South or Davis? +but both had been acquitted). On Nov. 15 he records, II. 488, "Six +pirates executed. I took a long and sad Walk with them, from the +Prison to the Place of Execution", instructed them, and prayed with +them. Before the end of the year he published _Instructions to the +Living, from the Condition of the Dead, A Brief Relation of +Remarkables in the Shipwreck of above One Hundred Pirates, Who were +Cast away in the Ship Whido, on the Coast of New-England, April 26, +1717, And in the Death of Six, who after a Fair Trial at Boston, were +Convicted and Condemned, Octob. 22, And Executed, Novemb. 15, 1717, +With some Account of the Discourse had with them on the way to their +Execution, And a Sermon preached on their Occasion_ (Boston, 1717). In +the pamphlet _The Trials of Eight Persons_ we see Van Vorst and Baker, +properly repentant, singing a Dutch psalm on their way to execution.] + + +_113. Trial of Thomas Davis. October 28, 1717._[1] + +[Footnote 1: Suffolk Court Files, fragment 99. Davis was tried +separately, on Oct. 28, and acquitted on Oct. 30.] + +Then the Kings Evidences were called into Court and, no Objection agt +them being made by the Prisoner, + +Owen Morris, Marriner, was first Examined upon Oath, Who solemnly +Testifyed and Declared that he knew the Prisoner at the Barr, That he +belonged to the Ship _St. Michael_, whereof James Williams was Master, +and in the Month of September 1716 They left Bristol bound to Jamaica +and in December following the said Ship was taken by two Pyrat Sloops, +one comanded by Capt. Samuel Bellamy, and the other by Louis Le Boose, +about Twenty Leagues off Sabia,[2] That they Gave the said Williams +his Ship and Detained the Prisoner, because he was a Carpenter and a +Singleman, together with Three others of the Ships Company. And +further the Dep't Saith that the Prisoner was very Unwilling to goe +with Bellamy and prevailed with him by reason of his Intreatys to +promise that he should be Discharged the next Vessell that was taken, +and afterwards the Dep't was again taken in the Ship _Whido_, +Commanded by Capt. Prince, by the said Captain Bellamy, who was then +Commander of the Ship _Sultana_, taken from Capt. Richards as the +Dep't understood, and then he saw the Pris'r aboard the said Ship. At +which time the Pris'r reminded the said Bellamy of his promise. When +he asked him if he was willing to goe he answered, yes, and then the +said Capt. Bellamy replyed if the Company would Consent he should go. +And thereupon he asked his Comp'y if they were willing to lett Davis +the Carpenter go, Who Expressed themselves in a Violent manner saying +no, Dam him, they would first shoot him or Whip him to Death at the +Mast. + +[Footnote 2: Saba; see doc. no. 108, note 5.] + +Thomas South, Marriner, lately taken by Capt. Samuel Bellamy in the +Pyrate Ship _Whido_, Cast away upon this Coast, and Discharged upon +his Tryal, was admitted an Evidence, and being Accordingly Sworn +Saith; That the said Bellamy while he was in Command of the said Ship +_Whido_ took a Scotch Vessel off the Capes of Virginia last Spring, +Cutt down her Masts and Sunk her. That he heard the said Thomas Davis +went on Board her: but I did not see him. That this Depo't Thought it +not prudent to be too familiar with the Prisoner[3] because it might +tend to Create a Jealousy in the Pyrates, that the Depo't and the +Pris'r (whom they Suspected, because he was a forced man) would runn +away together, and The Depo't Saith further that Capt. James Williams, +Commander of the Ship _St. Michael_ (whose Carpenter the Pris'r was) +Intreated the said Capt. Bellamy when he took him to lett the Pris'r +go. But the Ships Comp'y would by no means Consent thereto by reason +he was a Carpenter, And swore that they would shoot him before they +would lett him go from them. + +[Footnote 3: He had been a shipmate of Davis on the _St. Michael_.] + +Capt. John Brett, Marriner, Sworn, Saith that he was taken by Capt. +Samuel Bellamy before the Ship _Sultania_ was taken from Capt. +Richards, and then it was the Custome among the Pyrates to force no +Prisoners, but those that remained with them were Voluntiers. + +Capt. Thomas Fox, sworn, saith that he was taken by the Pyrates in +July last and Robb'd, and they Questioned him whether anything was +done to the Pyrates in Boston Goall. The Depo't Answered he knew +nothing about them, and in particular a Dutchman belonging to the +Pyrate asked him about his Consort, a Dutch Man, in Boston Prison, and +said that if the Prisoners Suffered they would Kill every Body they +took belonging to New England. + +Seth Smith, Prison keeper in Boston, sworn, Saith that when the +Prisoner at the Barr was first brought to Goal his Illness hindered +their talking together, But sometime after as they were discoursing +the Depo't observed to the Prisoner that if he would be Ingenious and +make a Confession he might save his Life and be a good Evidance +against the other Pyrates in Prison, To which the Prisoner made answer +that he was abused by Several of the Pyrates that were Drowned and was +Glad he had got from them, but knew nothing against the Rest of the +Pyrates in Prison. + +Then the Kings Council moved the Court that Capt. Thomas Glyn, a +Prisoner for Debt upon Execution, might be brought into Court to give +Evidence on his Majestys behalf in this Tryal, Whereupon the Court +directed the Sheriffs who have the keeping of his Majestys Goal to +bring the said Glyn into Court. + +Capt. Isaac Morris, Sworn, Saith That on the 14th of September 1716 he +was taken by the Pyrates but knows nothing of Capt. Bellamy or his +accomplices. + +Capt. Thomas Glyn, being brought into Court by the Sheriffs and +Interrogated upon Oath, Saith that he never knew the Prisoner. + + +_114. Memorial of Thomas Davis. 1717._[1] + +[Footnote 1: Suffolk Court Files, fragment 26283, paper 2. With this +memorial we may connect a passage in the pamphlet _Trials_: "Mr. +Valentine [counsel for Davis] moved, That an Affidavit under the firm +seal of a Notary Publick in Great Britain, and in favour of the +prisoner, should be read in open Court", but the request was denied, +as contrary to the act of Parliament requiring all evidence respecting +pirates to be given _viva voce_. Davis is recorded as a shipwright, +aged 22, born in Carmarthenshire, who "had used the sea these five +years".] + +Province of the Massachusetts Bay. To His Excellency Samuel Shute, +Esquire, Governour, and the Honourable His Majesties Council for the +said Province. + +The Memorial and humble Representation of Thomas Davis of Bristol in +Great Britain, Shipwright, + +Sheweth, That in the month of September last past he sailed out of +Bristol as Carpenter of the Ship _St. Michael_, whereof James Williams +was the Commander, bound for Jamaica, and on or about the sixteenth +day of December following We met two Pyrate Sloops, One Commanded by +Capt Samuel Bellame, and the other by Monsr. Louis Le Bou[s], who +took the said ship about twenty Leagues off of Sabia and Carried us to +the Island of Blanco, w[h]ere we were kept till the ninth day of +January when your Memo. (with about fourteen more Prisoners taken by +the said Pyrate Sloope) was forced on board the ship _Sultan Gally_, +taken from Capt. John Richards, then under the said Bellames Command, +And afterwards the said Bellame took another ship called the _Whiddo_, +and your Memo., with the rest of the said Ships Compa., Came in her +upon this Coast, where she was Cast away, as is very well known, and +your Memo, (with one Jno. Julian[2]) only Escaped. And since his +Imprisonm't he is Informed That some have Reported That your Memo. was +several times on board the said ship after she was Cast away and knew +where a considerable part of her Treasure was, and that he had +Concealed some of it;[3] and many other things have been given out +Concerning your Memo. very falsely, to the great prejudice of your +Memo., Who is altogether Ignorant of what is Alledged against him, And +hath already Discharged his Conscience by making a true and full +Discovery of all he knows referring to the premises. But your Memo. +being a stranger was not Credited and therefore he had no better Fare +than the Pyrates, being in Chains as well as they; Whereas he declares +from his heart that he was forced along with them, very Contrary to +his will and to his great grief and sorrow, and was no ways Active +among them any further than he was Compelled. + +[Footnote 2: So the manuscript reads, but it is doubtless an error for +"Jno. Indian", which in the handwriting of that day would look much +the same; we know that one Englishman and one Indian alone escaped, +and in the printed _Trials_ it was testified that the pirates had "one +Lambeth and one Indian born at Cape Cod for Pilots."] + +[Footnote 3: See doc. no. 110.] + +And forasmuch as your Memo. understands that the Pyrates in Prison +suspect that he will make such discoverys as will not be pleasing to +them, he is fearfull least they should hurt him, if not deprive him of +life, to prevent his Testimony against them. Your Memo. therefore and +for the Considerations before mentioned Humbly prays your Excellency +and Honours will so far Indulge him as to free him from his Chains +and Imprisonm't with the pyrates, and that he may have some Apartm't +seperate from them, and that such other Relief may be Given to your +poor pet'r (who is Innocent of what is laid to his Charge) as the +matter will bear, and as to your Excellency and Honours in your great +Moderation and Compassion shall seem meet. + +And your Memo. (as in Duty bound) shall ever pray, etc. + +THOMAS DAVIS. + + +_115. Petition of William Davis. 1717._[1] + +[Footnote 1: Suffolk Court Files, fragment 26283, paper 2. There were +several oral witnesses to Thomas Davis's good character.] + +To His Excellency the Governour and Council + +The humble Petition of William Davis of Bristol Carpenter and Father +of the said Thomas Davis, + +Sheweth, That the said Thomas Davis from his youth up hath been a +Dutiful and Obedient son, and his life and Deportm't has been always +Regular and becoming as well as Peaceable, and your poor Pet'r prays +your Excellency and Honours will Compassionate him and extend your +Favour and Indulgence to his son as far as shall stand with your +Wisdom and Clemency. + +And your Pet'r shall pray, etc. + +WILLIAM DAVIS. + +Capt. John Gilbert, Marriner, belonging to Bristol, Testifyeth and +saith That he well knew Thomas Davis (son of the abovenamed William +Davis) for these seven or eight years last past, and that he has had a +good Education in a Religious and Orderly Family, and his +Conversation, Carriage and behavour all that while was very decent and +becoming, and this Depon't has no reason to think but that he always +lived a well ordered life, having never heard to the Contrary. + +And further Saith not. + +JNO. GILBERT. + + + + +PRIZE COURTS. + + +_116. Sir Henry Penrice to the Secretary of the Admiralty. November +29, 1718._[1] + +[Footnote 1: Public Record Office, Admiralty 1:3669. This letter was +apparently addressed to the secretary of the Admiralty, Josiah +Burchett. Sir Henry Penrice was judge of the High Court of Admiralty +from 1715 to 1751.] + +_Sir_, + +Since I had the Honour of your letter I have looked into the Registers +Office,[2] and there find Copies of the Orders of Council, of +Commissions for granting Letters of Mart, of Commissions for +proceeding in Prize Courts, and of Warrants to the Judge of the High +Court of Admiralty thereupon, in the years 1664, 1672, 1689 and +1702,[3] of which if you please you may have Copies if they will be of +any service in the present Case. + +[Footnote 2: The office of the register of the Admiralty.] + +[Footnote 3: At the beginnings, respectively, of the Second Dutch War, +the Third Dutch War, and the wars of William and of Anne against +France.] + +Now as to the Question proposed whether there is Occasion for any +further power, to the severall Courts of Admiralty in the plantations, +other Remote parts, or at home, to Try and Condemn such Prizes as may +be Taken? + +As far as I have observed during the course of the Wars with Holland, +France and Spain, the High Court of Admiralty have proceeded in all +Prize causes, by Virtue of Warrants from the Lord High Admiral or +Commissioners for Executing that Office, in pursuance of Commissions +under the Great Seal directed to them for that purpose;[4] and +Commissioners were appointed at the severall Plantations to take the +Examinations of Witnesses in preparatory and to transmit them hither, +together with the Ships papers, and in case the ship and Goods were +perishable they had a Power to Appraise and sell, and keep the produce +in their hands, till after Sentence, that the Merchants might have +time, and be at a Certainty, where to enter their Claims. + +[Footnote 4: Such a commission (1748) is printed in Marsden, _Law and +Custom of the Sea_, II. 297, and (1756) in Stokes, _View of the +Constitution of the American Colonies_, p. 278.] + +But after the American Act, the Vice-Admiralty Courts in the +Plantations, by Authority thereof,[5] proceeded in Prize Causes, which +I conceive they had no right to do before; and that power being during +the late War only, by Virtue of that Act, I presume it is now +determined. Therefore upon a Grant of new Powers, I must humbly submit +it to their Lordships Consideration, whether it may be for the Honour +and Service of his Majesty, to permit the Vice-Admiralty Courts in the +Plantations to proceed in Prize Causes, since it is much to be feared +they are not well versed in the Laws of Nations, and Treaties between +Us and other States; and it is well known that they do not proceed in +that Regular Manner as is practised in His Majesties High Court of +Admiralty; besides it will be a Considerable Time before Orders from +their Lordships upon any Emergency can reach the Vice Admiralty Courts +in the plantations, for want of which great Inconveniences may arise; +whereas the Admiralty Court here is under their Lordships Eye and +Immediate direction, and always ready to observe such Instructions as +the Nature of affairs shall require. + +[Footnote 5: 6 Anne ch. 37, "An Act for the Encouragement of the Trade +to America" (1707), sect. 2.] + +But this is most humbly submitted to Their Lordships great Wisdom, by, +Sir, + +Your most humble servant + +H. PENRICE. + +DOCTORS COMMONS, November 29, 1718. + + + + +PIRACY OF BARTHOLOMEW ROBERTS. + + +_117. Extract from the Boston News-Letter. August 22, 1720._[1] + +[Footnote 1: From the file possessed by the Massachusetts Historical +Society.] + +_Boston_, On Monday last, the 15th Currant, arrived here the Ship +_Samuel_, about eleven Weeks from London, and ten from Lands end, +Capt. Samuel Carry Commander,[2] who in his Voyage hither, on the 13th +of July past, in the Latitude of 44, about 30 or 40 Leagues to the +Eastward of the Banks of New-foundland, was accosted and taken by two +Pirates, viz., A Ship of 26 Guns, and a Sloop of ten, both Commanded +by Capt. Thomas Roberts,[3] having on board about a hundred Men, all +English: The dismal Account whereof follows: + +[Footnote 2: Sewall notes in his diary, under this same date of Aug. +15, "Cary arrives who had been pillaged by the Pirats." Mass. Hist. +Soc. _Coll._, XLVII. 259.] + +[Footnote 3: For Thomas read Bartholomew. Bartholomew Roberts was one +of the most famous pirates of his time, _i.e._, of the years +1718-1724, the heyday of piracy in the eighteenth century. Capt. +Charles Johnson, in his account of that period, _A General History of +the Pyrates_ (London, 1724), devotes nearly a third of his book (pp. +161-260 of the first edition) to Roberts, as "having made more Noise +in the World" than others, and declares (p. 3 of preface) that +"Roberts and his Crew, alone, took 400 Sail, before he was destroy'd". +Of his appearance we have this picture, from the same chronicler's +account of his last fight: a tall dark Welshman of near forty, +"Roberts himself made a gallant Figure, being dressed in a rich +crimson Damask Wastcoat, and Breeches, a red Feather in his Hat, and a +Gold Chain Ten Times round his Neck, a Sword in his Hand, and two pair +of Pistols hanging at the End of a Silk Sling, which was flung over +his Shoulders, according to the Fashion of the Pyrates" (p. 213). His +meteoric career of piracy lasted but four years.] + +The first thing the Pirates did, was to strip both Passengers and +Seamen of all their Money and Cloths which they had on board, with a +loaded Pistol held to every ones breast ready to shoot him down, who +did not immediately give an account of both, and resign them up. The +next thing they did was, with madness and rage to tare up the Hatches, +enter the Hould like a parcel of Furies, where with Axes, Cutlashes, +etc., they cut, tore and broke open Trunks, Boxes, Cases and Bales, +and when any of the Goods came upon Deck which they did not like to +carry with them aboard their Ship, instead of tossing them into the +Hould again they threw them over-board into the Sea. The usual method +they had to open Chests was by shooting a brace of Bullets with a +Pistol into the Key-hole to force them open. The Pirates carryed away +from Capt. Carry's Ship aboard their own 40 barrels of Powder, two +great Guns, his Cables, etc. and to the value of about nine or ten +Thousand Pounds Sterling worth of the Choicest Goods he had on board. +There was nothing heard among the Pirates all the while, but Cursing, +Swearing, Dam'ing and Blaspheming to the greatest degree imaginable, +and often saying they would not go to Hope point[4] in the River of +Thames to be hung up in Gibbets a Sundrying as Kidd and Bradish's +Company did, for if it should chance that they should be Attacked by +any Superiour power or force, which they could not master, they would +immediately put fire with one of their Pistols to their Powder, and go +all merrily to Hell together! They often ridicul'd and made a mock at +King George's Acts of Grace[5] with an Oath, that they had not got +Money enough, but when they had, if he then did grant them one, after +they sent him word, they would thank him for it. They forced and took +away with them Capt. Carry's Mate, and his Seamen, viz. Henry Gilespy, +Mate,[6] Hugh Minnens,[7] both North Britains, Michael Le Couter, a +Jersey Man, and Abraham, a Kentish Man, could not learn his Sir-name, +the Captains Book being carryed away, (except one Row born in Dublin +which they would not take because born in Ireland),[8] holding a +Pistol with a brace of Bullets to each of their breasts to go with +them, or be presently shot down, telling them that at present they +wanted none of their Service; but when they came to any Action, they +should have liberty to Fight and Defend the Ship as they did, or else +immediately be shot, that they should not tell tales. They had on +board the Pirate near 20 Tuns of Brandy. However the Pirates made +themselves very merry aboard of Capt. Carry's Ship with some Hampers +of fine Wines that were either presents, or sent to some Gentlemen in +Boston; it seems they would not wait to unty them and pull out the +Corks with Skrews, but each man took his bottle and with his Cutlash +cut off the Neck and put it to their Mouths and drank it out.[9] +Whilst the Pirates were disputing whither to sink or burn Capt. +Carry's Ship they spy'd a Sail that same evening, and so let him go +free. + +[Footnote 4: Probably a derisive phrase of their own, for the ordinary +place of execution near Wapping Old Stairs.] + +[Footnote 5: Proclamations offering pardon to pirates who should +surrender themselves within a given time. Two such proclamations of +George I., Sept. 5, 1717, and Dec. 21, 1718, are printed in the +American Antiquarian Society's volume of royal proclamations relating +to America, _Transactions_, XII. 176-178.] + +[Footnote 6: When the survivors of Roberts's crew were tried at Cape +Corso Castle on the African coast in March and April, 1722, and +fifty-two of them executed, this man ("Harry Glasby") was acquitted, +for, though he had risen to be master of the principal pirate ship, +there was abundant evidence (Johnson, first ed., pp. 186, 235-238) +that he had always been unwilling to continue with the pirates, that +he had tried to escape, and that he had often shown himself humane. +Scott uses the name of Harry Glasby in _The Pirate_, vol. II., ch. 11, +borrowing it from Johnson.] + +[Footnote 7: Or Menzies. _Ibid._, p. 228.] + +[Footnote 8: Roberts's hostility toward Irishmen arose from the trick +played upon him by one of his lieutenants, an Irishman named Kennedy, +who on the coast of Surinam ran away with both his ship and a good +Portuguese prize. _Ibid._, pp. 166-169.] + +[Footnote 9: They seem to have been painfully destitute of corkscrews. +A year later, on the West African coast, when they had captured in a +ship of the Royal African Company the chaplain of Cape Coast Castle, +and had asked him to join them, "alledging merrily, that their Ship +wanted a Chaplain", and he had declined, they gave him back all his +possessions, and "kept nothing which belonged to the Church, except +three Prayer-Books, and a Bottle-Screw, which, as I was inform'd by +one of the Pyrates himself, they said they had Occasion for, for their +own Use". _Ibid._, p. 198.] + +And at Midnight they came up with the same, which was a Snow from +Bristol, Capt. Bowls Master, bound for Boston, of whom they made a +Prize, and serv'd him as they did Capt. Carry, unloaded his Vessel and +forced all his Men, designing to carry the Snow with them to make her +a Hulk to carreen their Ship with. + +The abovesaid Capt. Roberts in Novemb. 1718,[10] was third Mate of a +Guinea Man out of London for Guinea, Capt. Plummer Commander, who was +taken by a Pirate, and by that means Roberts himself became a Pirate, +and being an active, brisk Man, they voted him their Captain, which he +readily embraced. + +[Footnote 10: Johnson says 1719 (second ed., p. 208), but 1718 is +correct. The _Princess_, Capt. Plumb, was captured at Anamabo by Capt. +Howel Davis. _Id._, first ed., p. 157; for the ensuing narrative, +_cf._ pp. 175-178.] + +The said Roberts in the abovesaid Sloop, Rhode Island built, with a +Briganteen Consort Pirate, was some time in January last in the +Latitude of Barbadoes, near the Island, where they took and +endeavoured to take several Vessels; but the Governour,[11] hearing of +it, fitted out one Capt. Rogers of Bristol, in a fine Gally, a Ship of +about 20 Guns, and a Sloop, Capt. Graves Commander; Capt. Rogers +killed and wounded several of Roberts's Men, and made a great hole in +his Sloop, which his Carpenter with very great Difficulty (hundreds of +Bullets flying round him) stopt, and finding Capt. Rogers too strong +for him, tho' Graves did nothing, which if had, he must of necessity +been taken, he therefore run for it, as also did his Consort +Briganteen, which he never saw nor heard of since. + +[Footnote 11: Robert Lowther, governor 1710-1721.] + +From Barbadoes Roberts went to an Island called Granada,[12] to the +Leeward of Barbadoes, where he carreen'd his Sloop, and from thence +this Spring with 45 Men he came to Newfoundland, into the Harbour of +Trepassi,[13] towards the latter end of June last, with Drums beating, +Trumpets sounding, and other Instruments of Musick, English Colours +flying, their Pirate Flagg at the Topmast-Head, with Deaths Head and +Cutlash, and there being 22 sail in that Harbour, upon the sight of +the Pirate the Men all fled on Shore and left their Vessels, which +they possess'd themselves off, burnt, sunk and destroyed all of them, +excepting one Bristol Gally, which they designed to be their best +Pirate Ship, if a better did not present. After they did all the +mischief they could in that Harbour, they came on upon the Banks, +where they met nine or ten sail of Frenchmen, one of whom is the +Pirate Ship of 26 Guns abovesaid, taken from a French-man, unto whom +Roberts the Pirate gave the Bristol Gally, but sunk and destroyed all +the other French Vessels, taking first out what Guns were fit for his +own Ship, and all other valuable Goods. + +[Footnote 12: Grenada, not yet a British possession.] + +[Footnote 13: At the southeast corner of Newfoundland, just west of +Cape Race.] + +Roberts the Pirate designed from Newfoundland to range thro' the +Western and Canary Islands, and so to the Southward, to the Island of +New Providence,[14] possest by Negroe's, in South Latitude 17, which +they say is the place of the Pirates General Rendezvous, where they +have a Fortification and a great Magazine of Powder, etc. where they +intend to spend their Money with the Portuguize Negro Women. Roberts +the Pirate says, that there is a French Pirate on the North Coast of +America, who gives no Quarter to any Nation, and if he met him, he +would give him none. The Pirates seems much enraged at Bristol Men, +for Capt. Rogers sake, whom they hate as they do the Spaniards. + +[Footnote 14: This island seems to be imaginary. In the Atlantic, +which seems to be meant, there is no island in 17 deg. S. lat. except St. +Helena. In the Indian Ocean there is a Providence Island in 9 deg. S. +lat., north of Madagascar. But newspaper accuracy was no greater then +than now. Roberts went first to the West Indies, then to the west +coast of Africa, where after many exploits he was killed in battle +with H.M.S. _Swallow_, 50, in February, 1722. Johnson, first ed., pp. +179-188, 193-214. The captain of the _Swallow_ was knighted for the +exploit (capturing 187 pirates), and afterward became famous as +Admiral Sir Chaloner Ogle.] + + + + +ADMIRALTY COURTS. + + +_118. John Menzies to the Secretary of the Admiralty (?). July 20, +1721._[1] + +[Footnote 1: London, Privy Council, Unbound Papers, 1:47, copy; +probably the original was addressed to the secretary to the Admiralty. +John Menzies, a Scotsman and a member of the Faculty of Advocates of +Edinburgh, was judge of the vice-admiralty court for New Hampshire, +Massachusetts, and Rhode Island, from Dec., 1715, to his death in +1728. See Mass. Hist. Soc., _Proceedings_, LIV. 93-94.] + +_Copy_ + +_Sir_ + +Since I transmitted to you Copies of my Decrees with reference to +Captain Smart's Seizure when in this place,[2] I have not given you +the trouble of any Information of my Proceedings, or Complaints, The +Provincial Judges in Colonel Shute's Government and I having come to a +better understanding in relation to Prohibitions, by his Countenance +in Complyance with their Lordships Order.[3] + +[Footnote 2: Capt. Thomas Smart of H.M.S. _Squirrel_. _Publications +Col. Soc. Mass._, VIII. 179; _Acts of the Privy Council, Colonial_, +III. 30.] + +[Footnote 3: There was constant friction between admiralty judges and +common-law judges in America as there had been in England. In 1726 +Judge Menzies was expelled from the legislature of Massachusetts for +stoutly standing by the complaints he had made to the Admiralty on +this subject. A discussion of one of them, by Richard West, counsel to +the Board of Trade, is printed in Chalmers, _Opinions_ (ed. 1858), pp. +515-519.] + +This comes that the Lords Commissioners for Executing the Office of +Lord High Admiral may be informed of a Case that hath lately occurred +within the jurisdiction of Admiralty contained in my Commission,[4] +Namely, One Benjamin Norton of Rhode-Island, and One Joseph Whippole, +a Considerable Merchant of that Colony,[5] did fit out a Brigantine, +and sent her under the Command of the said Norton to the West Indies +last Fall (a Vessel by Common Observation more fit for Pirates than +Trade for which they pretended to Employ her) who Fell in with the +Pirates at St. Lucia in January last, and was (as he saith) taken by +One Roberts a Pirate, though by the Sequel it appears, he is more to +be considered as one of their Assistants and Correspondents, for after +he had remained with them Six or Seven Weeks, They took a Ship Dutch +Built of 250 Tuns Burthen, or thereby, and having Loaded her with +Sugars, Cocoa, Negroes, etc. of very considerable Value, All this they +gave to him for his Brigantine though of much more Value than She, and +by the most Judicious in the Country, is supposed to have been +committed to him as one of their Trusties, to Vend the Cargo in that +Colony, a Practice not without precedent in that Colony these several +Years past, if my Information fail not;[6] however, be that as it +will, he comes with this Ship and Cargo into Tarpaulin Cove,[7] a +Place lying between the Province of the Massachussets Bay and Rhode +Island, where (by the by) the Pirates used to come to infest Our +Coasts in April last: And did in a Clandestine Manner advise the said +Joseph Whipple of his arrival. + +[Footnote 4: See _Acts P.C. Col._, III. 38-40.] + +[Footnote 5: Benjamin Norton of Newport was probably the father of the +Benjamin Norton who in 1741 was commander of the privateer _Revenge_, +and as such figures in docs. nos. 114-162. Col. Joseph Whipple the +younger, afterward deputy governor of Rhode Island.] + +[Footnote 6: According to Johnson, _General History of the Pyrates_, +first ed., pp. 183, 187, Roberts took at Dominica "a Dutch Interloper +of 22 Guns and 75 Men" and a Rhode Island brigantine of which one +Norton was master, and at Hispaniola, a little later, "mann'd Nortons +Brigantine, sending the Master away in the Dutch Interloper, not +dissatisfied".] + +[Footnote 7: Tarpaulin Cove lies on the east side of Naushon, one of +the Elizabeth Islands.] + +And having dropped Anchor there, he fired at, and brought too several +of Our Coasters, upon which a Rumour arose, that the Pirates were on +the Coast, whereby Our Coasters, except his Accomplices who understood +better, were deterred for some Days from Falling within his reach, And +in the interim, the aforesaid Whipple, with One Christopher Almy, and +One Pease, also considerable Traders of New Port in Rhode Island, with +some others, did improve that Opportunity, and carried off and +conveyed about 30 of the Negroes, with considerable Quantities of the +Sugars, Cocoa, etc., partly in Sloops sent out by them for that +purpose, and partly in such others as they intrusted therewith, and a +great part of which was by the said Almy and Whipple directed to +Providence Plantacion and recommended to the Care and Conduct of One +Whipple,[8] Brother to the said Joseph, that Place being their +Ordinary Mart and Recepticles for such Cargoes. But so many +accessaries were concerned, and the Cargo so considerable, the Secret +was Discovered, and thereupon the Officers of his Majesty's Customs, +both in the Province of Massachussets Bay and Colony of Rhode Island, +did exert themselves, and the Collector at Boston did Seize upon the +Ship and remainder of the Cargo,[9] The said Benjamin Norton upon the +Discovery having relinquished the Ship and absconded. And the +_Surveyor and Searcher at Rhode Island did Seize upon and Secure the +Sloop_ belonging to one Draper, employed by the said Joseph Whipple, +in which a considerable Quantities of the Sugars, etc., had been +carried off, And did insist against them, upon the breach of the Acts +of Trade, for _Neglect to make Entries as the Law directs_. Upon which +Informations I gave Decrees finding the same lawful Seizures, and +Ordered the Values thereof (after Sale should be made) to be Paid into +Court, in regard of the Circumstantial Case, and delivered up to the +Collector, etc., as Informers, upon their enacting and obliging +themselves in the Court of Admiralty to refund the Values in Case any +Owner should appear and make good their Title thereto within Twelve +Months. This is complyed with at Boston, but in the Colony of +Rhode-Island, though the Informations were Laid at the instance of the +Officers of the Customes, and that I had given Decrees Condemnator[y] +thereupon, and Ordered the Sales by Publick Vendue, Yet in regard I +had obliged them to Enact for Refunding, _The Collector_, in +conjunccion with the Governor at Rhode Island,[10] and some others of +his Assistants who were concerned in these, who had a part of the +Goods trusted in their Hands, till the same should be Sold by Warrant +of the Court of Admiralty, Did put a Stop to the Sale appointed by me; +And by an Act of the Governor and his Assistants have taken on them to +sell and Dispose thereof, and to lodge the Price in other hands than +by Decrees of Court was appointed, _albeit by their Charter_ they have +no right so to do. + +[Footnote 8: Capt. John Whipple of Providence.] + +[Footnote 9: The sheriff of Bristol county, Massachusetts, impressed +twelve men and horses and went to Tarpaulin Cove and took the ship +into custody. _Acts and Resolves Prov. Mass. Bay_, XI. 147.] + +[Footnote 10: Samuel Cranston, governor 1698-1727.] + +I being apprized of this their Proceeding that since the Cargo was +Condemned, and the Sale thereof appointed by the Court of Admiralty +which issued upon Informacions laid by the Collector and Surveyor of +his Majesty's Plantation Duties, who had the Sugars and Cocoa in their +Custody, and produced the Negroes before me in Court, There was an +Order past by the Governor and Council or Assistants at Rhode Island +directed to the Sheriffe, who of before had been one of these who put +an Estimate upon the Negroes by appointment of the Judge of Admiralty, +and to whom the Judge had Committed the Custody of the Negroes in +Court, Discharging him to deliver them up to the Judges Orders. I went +to Rhode Island, (though I had a Deputy there) and waited on the +Governor, and shewed to him my _Commission under the Great Seal of +Admiralty_, which also was Recorded in their Books, and insisted with +him on this, That I am uncontrovertedly by my Commission the Competent +Judge in these Parts upon the Contravention of the Acts of Trade, And +moreover, That by my Commission I am obliged to enquire after and +secure the Goods of all Pirates, etc., The words of my Commission +being _ad inquirendum et investigandum de omnibus et singulis bonis +Piratarum_, etc.[11] And as I was authorize[d] for that Effect, so I +conceived that the Governor and his Assistants, their business was +only to be aiding and assisting to me in the Execution which I +expected. And therefore Demanded of him, That according to my Order in +Court, the Negroes might be produced as formerly by the Sheriffe in +Court in Order to Sale. And that the Publick Court House, and House +where Vendues are usually made, may be made Patent to me as +heretofore, And that the Governor's Order for Shutting up thereof and +denying Access to me may be recalled. At the same time I also informed +him that I was accountable to the Lords of Admiralty or Vice Admiralty +for the Values and Produce of the Sales made by my Decrees. During +this Conference a Quorum of his Assistants in Council came in, before +whom I again resumed my desire, To which I received this Answer, That +the Governor _considers himself as Vice Admiral_ and that as such he +hath right _to intromett_ with All Goods belonging to Pirates, and +that _by the Charter all such is given to them_, and that he would not +allow me the Priviledge of the Court House, unless I would comply with +and acquiesse in their Acts of Council. To which I replyed, _Their +Charter contains no such Grant of Admiralty jurisdiction nor right to +any Piratical_ Goods (as will be evident on perusal thereof), Yea _in +the Year 1703/4 the Queen Discharged them from exercising any part of +Admiralty jurisdiction, which was complyed with ever since and the +Court constitute by the Kings Commission_.[12] And as to submitting to +their Acts of Council when derogatory to His Majestys Interest and the +Authority of his Court of Admiralty (which I conceive their Act of +which I complain is) was what I could not comply with, without +rendering my self unworthy of the Trust committed to me and betraying +thereof. Notwithstanding of all which they persisted in their +Resolution, and not only Debarred me from the Use of the Court House +but also to deliver up the Negroes, etc., to be sold, as I had +ordered, and afterward sold them amongst themselves at an undervalue: +By which their Contempt of his Majesty's Authority and Court of +Admiralty is obvious, Yea, their _incroaching upon and usurping of the +Admiralty Jurisdiction contrary to Queen Ann's express Order_ +abovementioned is Palpable, And their refusing to give that aid and +assistance which the Judge did justly require of them in the terms of +his Commission appear to be highly punishable, if not a just ground +for forfeiture of their Charter, more especially being conjoyned with +this of a great many of that Colony, their keeping a continued +Correspondence with the Pirates, which renders the fair Traders very +uneasy, and insecure. All which I humbly submit to their Lordships +Consideration, and pray for redress, suitable encouragement, and +support to him, who is + +Sir + +Your most humble Servant + +J. MENZEIS. + +BOSTON 20th July 1721. + +[Footnote 11: A commission of a vice-admiralty judge (Richard Morris, +New York, 1762) may be seen in English translation in E.C. Benedict, +_The American Admiralty_, fourth ed. (Albany, 1910), pp. 76-80, and +others in doc. no. 180, _post_, and doc. no. 181.] + +[Footnote 12: See doc. no. 105, note 1.] + + + + +CASES OF JOHN ROSE ARCHER AND OTHERS. + + +_119. Trial of John Fillmore and Edward Cheesman. May 12, 1724._[1] + +[Footnote 1: This and the ensuing documents, nos. 119-122, are taken +from the Massachusetts Archives, vol. 63, pp. 341-360, with some +omissions of repetitious matter. Judge Sewall notes in his diary, May +1, 1724, "After Lecture I heard the good News of Andrew Harradine and +others rising up and subjugating Phillips the Pirat". _Mass. Hist. +Soc. Coll._, XLVII. 335, where extracts telling the story are +transcribed from the _Boston News-Letter_ of Apr. 16, May 7, and May +21. Cheesman threw John Nutt, the master of the pirate ship, +overboard; "Harradine struck down [John] Phillips the Captain with an +Adds, and another man struck Burrell the Boatswain with a Broad Ax; +and the rest fell upon James [or Joseph] Sparks the Gunner, and having +in a few Minutes dispatched the said Four Officers, the rest of the +Pirates immediately surrendered themselves Prisoners". The result of +the trials here recorded was that William White and John Rose Archer +the quartermaster were condemned to die, William Phillips (not the +pirate captain), and William Taylor were reprieved and later pardoned, +the others were acquitted. _Acts and Resolves of Mass. Bay_, X. 627, +see also X. 437. A vivid account of the whole affair is given in the +second edition of Johnson, _General History of the Pyrates_, pp. +396-410; another, in _A Narration of the Captivity of John Fillmore, +and his Escape from the Pirates_ (Johnstown, N.Y., 1806).] + +At a Court of Admiralty for the Tryal of Pirates held at Boston within +His Majesties Province of the Massachusetts Bay in New England on the +twelfth day of May in the Tenth year of His Majesty's Reign Annoq +Domini 1724, Pursuant to His Maj'ties Commission Founded on an Act of +Parliament made in the Eleventh and twelfth years of King William the +Third Entituled An Act for the more Effectual suppression of +Piracy,[2] and made perpetual by an Act of the Sixth of King +[George].[3] + +[Footnote 2: 11 and 12 Will. III. ch. 7.] + +[Footnote 3: 6 Geo. I. ch. 19.] + +Present. The Honorable William Dummer, Esqr., Lieutenant Governor and +Commander in Chief in and over His Maj'ties Province of the +Massachusetts Bay in New England,[4] President of the Court. + +[Footnote 4: Acting governor 1722-1728.] + +William Tailer Samuel Sewall } +Penn Townsend Edward Bromfield } Esqrs., of the Honorable +John Cushing Nathanl. Norden } Council of the Massachusetts +Thos. Hutchinson Samuel Browne } Bay. +Thomas Fitch Adam Winthrop } + Spencer Phipps } + + The Hono'ble John Menzeis[5] } Esqrs., Commissioners Appointed + Thomas Durell } by His Maj'ties + Thomas Lechmere } said Commission. + John Jekyll } + +[Footnote 5: Admiralty judge. Capt. Thomas Durell, R.N., was the +commander of H.M.S. _Seahorse_. Thomas Lechmere, younger brother of +Lord Lechmere, was surveyor general of the customs for the northern +district of America; he had married the only daughter of Major-Gen. +Wait Winthrop, and was a defendant in the celebrated case of Winthrop +_vs._ Lechmere. John Jekyll was collector of the port of Boston.] + +Proclamation was made Commanding silence upon Pain of Imprisonm't +whilst the act of Parliament and His Majesties Commission for the +Tryal of Pyrates were in Reading. + +Then the said Court was Publickly and solemnly opened and Proclaimed +and the Honorable William Dummer, Esqr., President, took the Oath +directed in said Act, and afterwards Administred the same to the other +Commissioners beforenamed. + +The Court appointed Joseph Hiller, Gent., Notary Publick for the +County of Suffolk within His Majesties sd. Province, Register of the +said Court, And Edward Stanbridge, Marshall of the Court of Vice +Admiralty, Provost Marshall of the said Court. + +Then a Warrant issued out to the Provost Marshall to bring the Bodies +of John Filmore[6] and Edward Cheesman[7] into Court, and accordingly +they were brought to the Bar. + +[Footnote 6: John Fillmore, born in Ipswich, Mass., in 1702, d. 1777, +was great-grandfather of President Millard Fillmore. The _Narration_ +mentioned above, in note 1, was drawn up from his oral statements, as +remembered by a friend. He was taken out of the sloop _Dolphin_, +Haskell, fishing on the Newfoundland banks.] + +[Footnote 7: Edward Cheesman, carpenter, was taken out of a ship bound +from Virginia to London, Mar. 25, preceding.] + +Then the Cryer made Proclamation for all Persons that could Give +Evidence for the King against the Prisoners at the Bar to Come into +Court and they should be heard. + +Then the sd. Prisoners were arraigned upon Articles Exhibited against +them for Piracy, Robbery and Felony, The Register reading them in the +words following-- + +Articles of Piracy, Robbery and Felony Exhibited against John Filmore, +Marriner, and Edward Cheesman, Ship Carpenter. + +You and each of you stand Accused by His Maj'ties Advocate General of +Felony, Pyracy and Robbery-- + +First, For that you the sd John Filmore, together with John Phillips, +John Nutt, Samuel Ferne, Joseph Sparkes, William White and divers +others, on or about the fifth day of September last past, by force and +arm's, in or near a harbour upon Newfoundland upon the high sea +(within the Jurisdiction of the Admiralty of Great Britain) +Pyratically and Feloniously did surprize, seize and take three fishing +vessels belonging to His Majesties good subjects, and then and there +within the Jurisdiction aforesd., Feloniously and Pyratically with +force as aforesd. did take and Carry away an Indian man named Isaac +Lassen, and John Parsons, Marriner, one of His Maj'ties good subjects: +And afterwards, viz. on or about the Middle of sd. month of September, +on the high seas and within the Jurisdiction aforesd., he the sd John +Filmore, in the Jurisdiction aforesd., with force as aforesd., +Pyratically and Feloniously did surprize seize and take a scooner of +the value of Five hundred pounds, ---- Furber Master, belonging to His +Majesties good subjects, and out of her then and there, within the +Jurisdiction aforesd., Feloniously and Pyratically did seize, take and +carry away a quantity of provision and cloth of the value of Fifty +pounds. + +Secondly, For that the said John Filmore, in Conjunction as aforesd., +on or about the beginning of sd. month of September, near the harbour +of St. Peters[8] upon the high seas and within the Jurisdiction +aforesd., Piratically and Feloniously did then and there with force, +etc., surprize, seize and take three fishing Vessels belonging to His +Maj'ties good subjects, and then and there, within the Jurisdiction +aforesd., with force as aforesd., Did Feloniously and Pyratically take +and Carry away out of the sd. Vessels a quantity of Provisions of the +Value of ---- and Eight of their Men. + +[Footnote 8: The French island now called St. Pierre. It will be +observed that the first count in the indictment against William White +and others, doc. no. 121, presents in a somewhat different, and +apparently more correct, order the transactions described in the first +two counts of the present indictment.] + +Thirdly, For that the sd. John Filmore, in Conjunction as aforesd. +with one John Burrill, one or about the ---- day of ----, upon the high +seas and within the Jurisdiction aforesd., with force and arm's did +Pyratically and Feloniously surprize and seize and take a French +Vessel named ----, and of the Burthen of ---- Tuns,[9] and out of her +then and there as aforesd. did Piratically and Feloniously take and +Carry away Thirteen Pypes of Wine of the Value of Three hundred +pounds, a quantity of Bread, and a Great Gun and Carriage of the value +of fifty pounds. + +[Footnote 9: 150 tons, and of a value of L1000, according to the +indictment of White and others.] + +Fourthly, For that the sd. John Filmore, in Conjunction as aforesd., +on or about the ---- day of the month of ---- last,[10] upon the high +seas and within the Jurisdiction aforesd., with force, etc., did +Feloniously and Pyratically surprise, seise and take a Brigantine +named ----,[11] One Moor Master, and belonging to His said Majesties +good subjects, and out of Her then and there in manner as aforesd. did +take and Carry away Cloths and Provisions of the Value of Two Hundred +pounds. + +[Footnote 10: About October 4; _ibid._] + +[Footnote 11: _Mary_, value L500; _ibid._] + +Fifthly, For that the sd. John Filmore, in Conjunction as aforesd., on +or about the month of ----[12] last, upon the high sea and within the +Jurisdiction aforesd., with force, etc., Did Piratically and +Feloniously surprise, seise and take a Brigantine named the ----, one +Reed Master, and belonging to His Maj'ties good subjects, bound to +Virginia with servants, and on or about seven days after, the sd. John +Filmore, in Conjunction with sundry others, upon the high sea within +the Jurisdiction aforesd., Feloniously and Pyratically with force and +Arms as aforesd. did surprise, seize and take a Portuguese Brigantine +bound to Brazel, and in manner as aforesd. did out of her take and +Carry away a Negro Man slave named Francisco, of the Value of One +hundred pounds, three Dozen of shirts of the Value of forty pounds, a +Cask of Brandy and Provisions of the Value of Thirty pounds. + +[Footnote 12: October, L500, and the same value for the Portuguese +brigantine and the _Content_; _ibid._] + +Sixthly, For that the sd. John Filmore, in Conjunction as aforesd., on +or about the twenty seventh day of October last, in the Lattitude of +Bermudas, on the high seas and within the Jurisdiction aforesd., with +force and arms Did Piratically and Feloniously surprise, seize and +take the sloop named _Content_, George Barrow Master, belonging to His +Maj'ties good subjects, and out of her then and there in manner as +aforesd. did seise, take and Carry away John Masters, the Mate of the +sd. Ship, and plate and Provisions to the Value of One hundred pounds. + +Seventhly, For that the sd. John Filmore, in Conjunction as aforesd., +on or about the seventh day of February last past, in the Lattitude of +37 or thereabouts, on the high sea and within the Jurisdiction +aforesd., with force and arms Pyratically and Feloniously did +surprize, seize and take a ship bound from London to Virginia,[13] one +---- Huffam Master, and belonging to His Maj'ties good subjects, and +out of her then and there, in manner as aforesd., did Feloniously and +pyratically take and Carry away one Great Gun and Carriage, Cloathing, +and a quantity of powder and Ball, all of the Value of One hundred +pounds. + +[Footnote 13: Valued at L1000 in the later indictment.] + +Eighthly, For that the sd. John Filmore and Edward Cheesman, in +Conjunction as aforesd., on or about the month of ---- last,[14] near +the Isle of Shoals, on the high sea and within the Jurisdiction +aforesd., with force and Arms Pyratically and Feloniously did +surprize, seize and take an Isle of Shoals Sloop, John Salter Master, +and belonging to His Maj'ties good subjects, in which the sd John +Fillmore and Edward Cheesman did Enter, in Conjunction with sd +Phillips, Nutt, Burril and Archer, together with their Guns, +Ammunition and provision, etc. and Did also then and there, within the +Jurisdiction aforesd., with force as aforesd., Feloniously and +Pyratically surprise, seize and take a schooner, One ---- Chadwell +Master, and also belonging to His Maj'ties Good subjects.[15] + +[Footnote 14: Apr. 4.] + +[Footnote 15: "Understanding that she belong'd to Mr. Minors at +Newfoundland, with whose Vessel they first went off a pyrating, a +Qualm of Conscience came athwart his [Phillips's] Stomach, and he said +to his Companions, 'We have done him Injury enough already'; so +order'd the Vessel immediately to be repair'd, and return'd her to the +Master". Johnson, second ed., p. 405. The schooner was the _Good-will_ +of Marblehead, Benjamin Chadwell.] + +Lastly, For that the said John Filmore and Edward Cheesman, in +Conjunction as aforesd., on or about the fourteenth day of April last +past, on the high sea and within the Jurisdiction aforesd., with force +and arms did Feloniously and Pyratically surprise, seise and take a +sloop,[16] Andrew Harradine Master, and belonging to His Maj'ties good +subjects, and on the fifteenth following, with force, etc., +Feloniously and pyratically did Enter with all their Guns, Ammunition +and Provision, on board sd Sloop. All which sd. acts of Pyracy, +Robbery and Felony were by you and each of you done and Committed in +manner as aforsd., Contrary to the statutes and the Laws in that Case +made and Provided. + +[Footnote 16: The _Squirrel_, of Annisquam, a fine new vessel, to +which Phillips transferred. Babson, _History of Gloucester_, pp. 286, +287.] + +ROBT. AUCHMUTY, Adv. Genl.[17] + +[Footnote 17: Afterward admiralty judge, 1728-1729, 1733-1747.] + +Andrew Harradine, Master of the Sloop _Squirell_, Deposeth That on or +about the fourteenth of April last past, about twelve Leagues South +East of the Isle of Sables,[18] he was met and taken by Phillips the +Pyrate, who demanded and took from him his vessel, being a better +Sailor than that they were in. That he knows both the Prisoners at the +Bar, saw them on board the Pyrate when he was taken, but did not see +them armed, that neither of them went on board vessels when they were +taken. That John Filmore, the day after that this Depont. was taken, +Declared his mind to him and the minds of several others, to rise upon +the Pyrates in order to subdue them and Endeavour their escape. That +Edward Cheesman, upon the rising, threw Nutt the Master of the Pyrate +over board, That John Filmore struck Burrell the Boatswain on the head +with a broad ax, whilst the Depont. and others Dispatcht the Captain +and Gunner.[19] + +[Footnote 18: Sable Island, south of Nova Scotia.] + +[Footnote 19: John Phillips and James or Joseph Sparks. "Phillips' and +Burrill's heads were brought to Boston in pickle"; Diary of Jeremiah +Bumstead, May 3, 1724, in _N.E. Hist. Gen. Reg._, XV. 201.] + +John Masters, late Mate of the Sloop _Content_, Deposed That on or +about the 27th of October last, he was taken out of the sd sloop +_Content_, George Barrow Master, in the Lattitude of Barbado's, by the +Pyrate Phillips, was kept by the Pyrates four Months and then +released, That whilst he was on board they took a ship from London +bound to Virginia, one ---- Huffam Master, That Nutt the Master of the +Pirate, Rose-Archer the Quarter Master,[20] and some others went on +board, and as this Depont. can Remember, John Filmore, one of the +Prisoners at the Bar, was forced to go on board with them, That the +sd. Filmore spoke to this Deponent several times about rising upon the +Pyrates, whilst this Depont. was onboard. + +[Footnote 20: John Rose Archer was a seasoned pirate; he had served +under the famous Blackbeard. Johnson, p. 399.] + +William Lancy, Fisherman, Deposed That he was taken by the Pyrate +Phillips and kept on board the Pyrate while they took nine Vessels, +that he never saw the Prisoners at the Bar take up arms at any time, +that they always seemed to him to be forced men. + +After the Evidences had been severally sworn and Examined, the +Prisoners at the Bar were asked, what they had to Say, who severally +answered, they were forced men, that they never acted Voluntarily, and +that they were principally Concerned in the rising. + +Then the Advocate General summ'd up the nature of the Evidences. And +the Prisoners were taken away from the Bar, and the Court was Cleared +and in private. + +Then the Court, having duly weighed and maturely Considered the +Evidences against the Prisoners and their own Defence, Unanimously +Agreed and voted, That the sd. John Filmore and Edward Cheesman were +not Guilty of the Pyracies, Robberies and Felonies Exhibited agt. +them. Then the aforesd Prisoners were brought to the Bar and the +President pronounced the sd John Filmore and Edward Cheesman not +Guilty.[21] + +[Footnote 21: Fillmore says, _Narration_, p. 18, that the court gave +him Captain Phillips's gun, silver-hilted sword, silver shoe- and +knee-buckles, and tobacco-box, and two gold rings that the pirate used +to wear. As late as 1857, the gun was still in the possession of a +cousin of President Fillmore's father. _N.E. Hist. Gen. Register_, XI. +144.] + +Then the Court Adjourned to three a Clock in the afternoon. + + +_120. Trial of William Phillips and Others. May 12, 1724._ + +_P.M._ The Court met according to adjournment, and was opened by +Proclamation, + +And a Warrant issued out for the bringing into Court the Bodies of +William Phillips,[1] Isaac Lassen, Henry Giles, John Baptis, Peter +Taffery, Charles Ivemay, John Bootman, John Combes and Henry Payne, +and they were accordingly brought to the Bar. + +[Footnote 1: Not known to have been related to the pirate captain, +John Phillips. Lassen was an Indian, Giles a young lad, Baptis and +Taffery Frenchmen.] + +Then the Cryer made Proclamation for all Persons that Could Give +Evidence for the King against the Prisoners at the Bar to Come into +Court and they should be heard. + +Then John Baptis and Peter Taffery, being French men, were remanded +back to Prison in order to be tryed by themselves. + +And the rest of the Prisoners were Arraigned upon Articles Exhibited +against them for Piracy, Robbery and Felony, The Register Reading them +in the words following, viz. + +Articles of Piracy, Robbery and Felony Exhibited against William +Phillips, Isaac Lassen, Henry Giles, Charles Ivemay, John Coombes, +John Bootman and Henry Payne, Marriners. + +You and Each of you stand Accused by His Majesties advocate General of +Felony, Pyracy and Robbery. + +First, For that you, the said William Phillips and Isaac Lassen, +together with John Phillips, John Nutt, Samuel Ferne, James Sparkes, +William White, John Archer (otherwise Called John Rose Archer), and +divers others, on or about the 27th day of October last, in the +Lattitude of Barbados, on the high sea, and within the Jurisdiction of +the Admiralty of Great Britain, with force and arms did Pyratically +And Feloniously surprise, seise and take the Sloop named the +_Content_, George Barrow Master, belonging to His Majesties good +subjects, and out of them then and there in manner as aforesd. did +take and Carry away one John Masters, the mate of sd. sloop, and plate +and Provisions to the value of One hundred pounds. + +Secondly, For that the said William Phillips and Isaac Lassen, in +Conjunction as aforesd., in the Month of ---- last,[2] upon the high +seas, within the Jurisdiction aforesd., with force and arms +Pyratically and Feloniously did surprize, seize and take a Portuguese +Brigantine bound to Brazil, and in manner as aforesd. did out of her +then and there take and Carry away a Negro Man Slave named Francisco, +of the value of One hundred pounds, three Dozen of shirts of the +value of forty pounds, one Cask of Brandy and Provisions of the value +of thirty pounds. + +[Footnote 2: October, 1723.] + +Thirdly, For that the sd William Phillips and Isaac Lassen, in +Conjunction as aforesd., on or about the fourth day of February last +past, upon the high sea, about thirty five Leagues to the southward of +sandy hook, within the Jurisdiction aforesd., with force and arms +Pyratically and Feloniously did surprize, seise, enter into and take a +snow, one ---- Laws master, belonging to His Maj'ties good subjects, +and out of her then and there with force as aforesd., Pyratically and +Feloniously take and Carry away Cloaths and provision to the value of +One hundred pounds. + +Fourthly, For that the sd. William Phillips, Isaac Lassen and Henry +Gyles, in Conjunction as aforesd., on or about the first day of March +last, upon the high sea and within the Jurisdiction aforesd., with +force and Arms Pyratically and Feloniously did surprise, seize and +take a French Ship bound from Martenico to France and, in manner as +aforsd., out of her, with force as aforsd., then and there did +Pyratically and Feloniously take and Carry away One Negro Man named +Pierro, of the Value of sixty pounds, Eight Great Guns, twenty small +Arms, a number of Cutlashes, and a Considerable quantity of Brandy, +Wine and sugar to the Value of two hundred pounds. + +Fifthly, For that the sd William Phillips, Isaac Lassen and Henry +Gyles, in Conjunction as aforsd., on or about the 27th of March last, +upon the high sea within the Jurisdiction aforesd., with force and +Arms Pyratically and Feloniously did surprise, seize and take two +ships bound from Virginia to London, One Commanded by John Phillips +and the other by Robert Mortmiere,[3] and in manner as aforesd. took +out of One of them (Commanded by John Phillips) Edward Cheesman, +Carpenter, whom they forced in manner as aforesd and Carried away. + +[Footnote 3: Johnson, p. 401, gives the other captain's name as +Mortimer.] + +Sixthly, For that the sd. William Phillips, Isaac Lassen, Henry Gyles +and Charles Ivemay, in Conjunction as aforesd., on or about the latter +end of the month of March, upon the high sea within the Jurisdiction +aforesd., with force and arms Pyratically and Feloniously did then +and there surprise, seize, Enter into and take a scooner belonging to +His Majesties good subjects, One Chadwell Master, and out of her with +force as aforesd. did Pyratically and Feloniously take and Carry away +sundry Provisions to the Value of forty pounds. + +Seventhly, For that the said William Phillips, Isaac Lassen, Henry +Gyles and Charles Ivemay, in Conjunction as aforesd., on or about the +month of April last past, upon the high sea within the Jurisdiction +aforesd., did with force and arms Pyratically and Feloniously +surprize, seize, enter into and take a Fishing scooner, William Lency +Master, and then and there out of her with force as aforesd. and in +manner as aforesd. did take and Carry away divers goods and Provisions +to the value of Twenty pounds. + +Lastly, For that the sd. William Phillips, Isaac Lassen, Henry Gyles, +Charles Ivemay, John Bootman, John Coombes and Henry Payne, in +Conjunction as aforesd., on or about the 14th of April last past, on +the high sea and within the Jurisdiction aforesd., with force and arms +did Feloniously and Pyratically surprise, seize and take a sloop named +the _Squirrel_, Andrew Harradine Master, and belonging to His Maj'ties +good subjects, and on the fifteenth following, with force and arms +Feloniously and Pyratically did Enter with all their Guns, ammunition +and Provisions on board the sd Sloop. All which sd acts of Pyracy, +Robbery and Felony were by you and Each of you done and Committed in +manner as aforesd., Contrary to the statutes, and the Laws in that +Case made and Provided. + +To all which Articles the sd William Phillips with the other Prisoners +at the Bar severally pleaded not Guilty. + +_Advocate General._ May it Please your Honours, + +The Prisoners now at the Bar stand also Articled against for Pyracy, +Robbery and Felony, and as the Charge so also the proof agt them +appearing more certain clear and possitive than in the Case of those +but lately Acquitted, I doubt not therefore of the Justice of the +Honorable Court in finding them and Each of them Guilty. + +Then the Kings Evidences were called and sworn. John Masters, late +Mate of the Sloop _Content_, George Barrow Master, Deposed says that +being bound from Boston to Barbados in sd. Sloop on the 27th of +October last, the sd. Sloop was taken by a Pyrate Scooner Commanded by +John Phillips, That the Pyrates forced this Depont. to go with them, +and whilst this Depont. was with them, on the fourth of February last, +they took a snow, one Laws Master. Samuel Ferne and James Wood, both +since shot by Capt. Phillips,[4] William Taylor, now in Goal, and +William Phillips, one of the Prisoners at the Bar, went on board the +said snow armed with Cutlashes, that they brought Provisions from the +snow on board the scooner, but knows not whether Phillips brought any +or not. + +[Footnote 4: For insubordination.] + +William Lancey, Master of a Fishing scooner, Deposed That in the Month +of April last, he and his Company were taken off of Cape Sables[5] by +a Pyrate sloop Commanded by John Phillips, Captain, that they took +several vessels while this Depont. was on board, and when Captain +Phillips was about to dismiss this Depont. with his vessel he askt +this Depont. whether he would carry home with him one Willm. Phillips, +who was then on board the Pyrate Sloop, having one of his leggs Cut +off,[6] and whom the Depont. saith is one of the Prisoners now at the +Bar; and the Depont. answered, Provided the Captain and the Men were +willing he would Carry him with him, but the sd. William Phillips +refused to go with the Depont. saying if he should they would hang +him. + +[Footnote 5: The southwest point of Nova Scotia.] + +[Footnote 6: The carpenter had sawed it off, somewhat amateurishly, +after it had been wounded in the fight between the captain and Ferne, +as related below. Johnson, p. 400.] + +John Filmore Deposed. Saith That he knows William Phillips. he was +taken out of a Sloop sometime in October last. the first vessel that +was taken after Phillips's being taken was a Brigantine. Cannot say +that Phillips went on board the Brigantine. he never saw him Armed +with other arms than a Cutlass. That in February they took a snow +bound from New York to Barbados, one Laws Master. Samuel Ferne, James +Wood, William Taylor and Wm. Phillips, one of Prisoners at the Bar, +went on board the snow armed with Cutlasses, who kept on board and +Navigated sd snow, as far to the southward as the Lattitude of 21, +where Ferne and Wood, attempting to run away with the scooner, in +order thereto Confined Taylor and Phillips: But Capt. Phillips the +Pyrate firing upon the snow, she brought too, and the sd Ferne was +Commanded on board, but he refused and fired upon Capt. Phillips and +Compelled the Prisoner at the Bar, William Phillips, to come and abide +upon Deck, where he had his left leg shot by Nutt, which was +afterwards Cut off. That Isaac Lassen was taken at Newfoundland in +Septr last. That he was generally set at the helm to steer the vessel. +he was once set on board the snow armed, when Fern, Wood, etc., were +running away with her. he never was forward nor did he ever see him +Guilty of any Act of Pyracy when vessels were taken, nor Share any +plunder, Except that they now and then obliged him to take a Shirt or +a pair of stockings when almost naked. That he was knowing of the +rising to subdue the Pyrates, and took hold of the Captains Arm, when +Harradine struck him in the head with the Ads. That Henry Gyles was +taken in February and forced to go with the Pyrates; Nutt obliged him +to keep a Journal being an Artist.[7] he never saw him armed on board, +that he was always Contriving to get away, and has often told this +Depont. that he would Escape if possible. that he was knowing of the +rising against the pyrates and forward and Active in it. That Charles +Ivemay was taken and forced out of the same ship that Cheesman the +Carpenter was. that he always behaved himself Civilly. he never saw +him Armed. That he was knowing of and brisk and Active in the rising +against the Pyrates. That there was no vessel taken after John +Bootman, John Coombes and Henry Payne were taken. + +[Footnote 7: In the sense, now obsolete, of a person having scientific +attainments. "The moon, whose orb Through optic glass the Tuscan +artist views" (Milton, referring to Galileo). Probably Giles had some +knowledge of navigation. See his testimony in doc. no. 121.] + +Edward Cheesman Deposeth That William Phillips leg was Cut off before +he[8] was taken by the Pyrates, That Henry Gyles was Guilty of no Act +of Pyracy that he ever saw or heard of, that he behaved himself +Civilly, kept a Journal being an Artist, That he has often told this +Depont. he would contrive some way or other to make his Escape, that +he was knowing of the Rising and forward and Active in it. That Isaac +Lassen behaved himself Civilly and always seemed to him to be a forced +man, That he never saw him in Arms; was the Man that took hold of Capt +Phillips's Arm when Harradine struck him. That Charles Ivemay was +Obliged and forced out of the same ship; he never was armed or forward +when vessels were taken, That he was Privy to the Design of subduing +the Pyrates and active in Executing it. That Bootman, Combes and Payne +seemed to be forced and there was no vessel taken after they Came on +board. + +[Footnote 8: Cheesman.] + +Andrew Harradine Deposeth That Phillips's leg was Cut off before +his[9] being taken, knows nothing of him, That Lassen always behaved +himself well, he never saw him armed, that he has several times told +this Depont. that the Pyrates should never Carry him off the Coast to +suffer by them as he had done already, that he was the first that took +hold of the Captain, when this Depont. struck him and killed him. That +he never saw any thing by Gyles and Ivemay but what was Civil, no ways +Active as Pyrates, that they were both acquainted with the design of +subduing the Pyrates, and stirring and brisk in the Execution thereof. +That Bootman, Combes and Payne came on board after he was taken, there +was no Vessel taken after their being on board. That Bootman was Privy +to and Active in the subduing the Pyrates, and Combes and Payne seemed +to him to be forced men. + +[Footnote 9: Harradine's.] + +The Witnesses having been Severally Examined and Deposed as aforesd., +the Prisoners were asked whether they had any thing to say on their +own Defence. William Phillips said he was forced by the Pyrates out of +the Sloop _Glasgow_, William Warden Master, that sometime after he +was on board, he understood there were articles drawn up,[10] for the +Captain Called him auft, and with his pistol Cocked demanded him to +sign the sd. Articles or Else he would blow his Brains out, which he +refused to do, Reminding the Captain of his promise that he should be +cleared; but the Captn. Declaring that it should not hurt him, and +Insisting on it as aforesd., he was Obliged to sign the sd. Articles. +Then when Ferne and Wood were running away with the snow, they never +told him what design they were upon but told him they were going to +Holmes's hole,[11] and there every one to shift for himself, and the +rest alledging they were forced men and some of them that they were in +the secret of subduing the Pyrates and active in it, and others that +there was no vessels taking whilst they were on board. + +[Footnote 10: Johnson, pp. 397-398, gives verbatim the text of these +articles of agreement (_cf._ doc. no. 50), a very curious set, to +which these pirates "swore upon a Hatchet for want of a Bible."] + +[Footnote 11: Now Vineyard Haven, in Martha's Vineyard.] + +Then the Prisoners being taken away and all withdrawn but the +Register, The Court maturely Weighed and Considered the Evidences and +Cases of the Prisoners and by a Plurality of Voices found the sd +William Phillips Guilty of the Pyracies, Robberies and Felonys +Exhibited against him, and by an unanimous voice found the sd. Isaac +Lassen, Henry Gyles, Charles Ivemay, John Bootman, John Coombes and +Henry Payne not Guilty. + +Then the Prisoners were brought to the Bar and the President +acquainted William Phillips That the Court had found him Guilty of the +Pyracies, Robberies and Felonies Exhibited against him, and asked him +if he had any thing to say why sentence of Death should not pass upon +him for his Offences. + +And he offering nothing Material the President Pronounced sentence of +Death against him in the following words-- + +"You, William Phillips, are to go from hence to the place from whence +you Come and from thence to the place of Execution, and there you are +to be hanged by the neck until you are dead, and God of His Infinite +Mercy save your Soul." + +And the President Pronounced the said Isaac Lassen, Henry Gyles, +Charles Ivemay, John Bootman, John Coombs and Henry Payne not Guilty. + +Then the Court adjourned till to morrow morning Eight of the Clock. + + +_121. Trial of William White, John Rose Archer, and William Taylor. +May 13, 1724._ + +May the 13th day A.M. + +The Court met according to Adjournmt. and was opened by Proclamation. + + Present The Hono'ble William Dummer, Esqr., etc. President. +William Tailer Nathaniel Norden } +Samuel Sewall Thomas Hutchinson } +Penn Townsend Samuel Browne } Esqrs., of the Council of +Edwd. Bromfield Thomas Fitch } the Massachusetts Bay. +John Cushing Adam Winthrop } + Spencer Phipps. } + +John Menzies } +Thomas Durell } Esqrs., Commissioners appointed in +Thomas Lechmere } His Majesties Commission, etc. +John Jekyll } + +A Warrant issued out for the bringing into Court William White, John +Archer, otherwise Called John Rose Archer, and William Tailer, and +they were brought to the Bar accordingly and arraigned upon the +several articles Exhibited against them for Piracy Robbery and Felony. + +At a Special Court of Admiralty for Tryal of Pyrates held at Boston +within His maj'ties Province of the Massachusetts Bay in New England +on the twelfth day of May In the Tenth year of the Reign of our +sovereign Lord George, by the Grace of God of Great Britain, France +and Ireland King, Defender of the Faith, etc., Annoq Domini 1724-- + +Articles of Pyracy, Robbery and Felony Exhibited then and there +against William White, John Archer, otherwise Called John Rose Archer, +and William Taylor, Marriners-- + +You stand Accused by His Majesties Advocate General of Felony, Pyracy +and Robbery + +First, For that the said William White, together with John Phillips, +John Nutt, Samuel Ferne and James Sparks, on or about the beginning of +September last past, by force and Arms, in a Certain harbour near St. +Peters in Newfoundland, upon the high sea, within the Jurisdiction of +the Admiralty of Great Britain, piratically and Feloniously did +surprise, seise, take and Carry away a Certain scooner named ----, +then and there being and belonging to His Maj'ties good subjects, and +on the fifth day of the sd. month, being on board the sd scooner as +aforesd., with force as aforesd., and on the high sea, within the +Jurisdiction aforesd., near Newfoundland did Pyratically and +Feloniously surprise, seize and take three fishing vessels belonging +to His Majesties good subjects and in manner as aforesd. did take out +of one of them an Indian Man named Isaac Lassen; and afterward, viz. +on or about the middle of the sd Month of September, on the high sea +and within the Jurisdiction aforesd., he the sd William White, in +Conjunction as aforesd. with divers others, with force and arms +Pyratically and Feloniously did surprise, seize and take a Certain +scooner named ----, one Furber, belonging to His Majesties good +subjects and of the value of Five hundred pounds, and then and there +within the Jurisdiction aforesd. out of her did seize, take and Carry +away a quantity of provision and Cloaths of the Value of fifty +pounds.[1]... + +[Footnote 1: Articles II.-XII. are here omitted, being substantially +identical with arts. III.-VII. of the indictment in doc. no. 119 and +III.-VII. of that in doc. no. 120.] + +Lastly, For that the sd. William White, John Archer, als Rose Archer, +and William Taylor, in Conjunction as aforesd., on or about the +fourteenth of April last past, on the high sea and within the +Jurisdiction aforesd., with force and Arms Did Feloniously and +Pyratically surprise, seize and take a Sloop named the _Squirrel_, +Andrew Harradine Master, of the Value of Three hundred pounds and +belonging to His Maj'ties good subjects and on the fifteenth following +with force and Feloniously and pyratically did Enter with all their +Guns, ammunition and provision on board the sd Sloop. All which +Actings of Pyracy, robbery and Felony were by you and Each of you done +and Committed in manner as aforesd., Contrary to the Statutes and the +Laws in that Case made and Provided. + +ROB. AUCHMUTY, Adv. Genl. + +Then the Kings Evidences were Called and sworn. + +John Filmore Deposeth and Saith That he was in the harbour of St. +Peters when Mr. Minotts scooner was run away with, by which scooner he +was afterwards taken. That when he was Carried on board, he there saw +William White upon Deck. That White told this Depont. he Came out upon +that design, which this Depont. understood to be Pyracy, but that he +was in Drink and he was sorry for it. That White went armed on board a +Virginia Ship, that he had his Share of some Shirts that were taken +out of a Portuguese Brigantine, That John Rose Archer and William +Taylor (when a Brigantine whereof One Read was Master, in which the sd +Archer and White were, was taken), Voluntarily Joyned with the +Pyrates, That in a short time after Archer was Chosen Quartermaster +and after he was so, he went on board every Vessel they took, armed, +That William Taylor was very Great with Phillips, Nutt and Burrill, +being Admitted into the Cabbin, upon any Consultation they had +together. + +Edward Cheesman Deposed That White told him he was [one] of the first +five that run away with Mr. Minotts Scooner, [That] they made him +Drink, and that he was sorry for it now. That in taking several +Vessels White was more Active than others, who pretended to be forced +men. That John Rose Archer, to this Deponts. certain knowledge, by +force and Arms Entred into several vessels they took and aided and +assisted in plundering the same and sharing part thereof, And that +William Taylor was as active on board as any of them; That this Depont +Saw him once take a great Coat and heard him then say, he would not +willingly hurt a Man, but he was upon the Account, and he must not go +Naked. + +Isaac Lassen Deposeth That White told him three days [after] he was +taken, that he was sorry he Came out upon the [Accot.], That this +Depont. saw him go on board a snow armed, and that he shared part of +the plunder. + +Henry Giles Deposed That White was one of the four that went on board +the Ship this Depont. was taken out of, that he was Armed with a +Cutlass and Shared part of the plunder, That he also Saw him go on +board a French ship armed with a Cutlass, out of which Ship they took +Eight Great Guns: That Archer also was one of the four that went on +board their ship armed with a Cutlash, and as this Depont. was going +over the side Archer threatned to Cut him in sunder if he did not make +hast and go on board the Pyrate with his Books and Instruments. + +William Lancy Deposed That he was taken by the Pyrate Phillips +sometime in April last, That Archer the Quarter Master was one of +those who came on board his scooner and that he was armed with sword +or Cutlash; that the sd. Archer went on board all or most of the +vessels they took while this Depont. was with them, Armed with sword +or Cutlass; That Archer told him that he was one of Teaches[2] men and +went into South Carolina upon the Act of Grace. That White told this +Depont. he was sorry he came out upon the Accot. and if he Could he +would get away before they went off the Coast. That he heard William +Taylor say they were Carrying him to Virginia to be sold[3] and they +met with these honest Men, meaning the Pyrates, and he listed himself +to go with them. + +[Footnote 2: Edward Teach or Thatch, the famous pirate commonly called +Blackbeard.] + +[Footnote 3: _I.e._, as an indented servant.] + +After the Kings Evidences had been severally Examined the Prisoners at +the Bar were asked what they had to say in their own Defence. William +White says he is sorry he should Commit such a sin, that he was in +Drink when he went away with Phillips, Nutt, etc., in Mr Minotts +scooner. John Archer and Willm Taylor say they were forced Men, and +Archer, being asked how he Came to be Quarter Master, Answered that +the Company thought him the fittest Man for a Quarter master and so +Chose him. + +Then the Kings Advocate General summed up the nature of the Evidence +against the Prisoners, and the Prisoners were taken from the Bar, and +the Court cleared and in private. + +Then the Court Maturely weighed and Considered the Evidences and the +Prisoners Cases, and Unanimously found William White, John Rose +Archer, and William Taylor Guilty of Pyracy, robbery and Felony +according to the Articles Exhibited against them. Then the Prisoners +were brought to the Bar and the President acquainted them that the +Court by a Unanimous Voice had found them Guilty. Then the Court +Adjourned to three a Clock in the afternoon. + + +_122. Trial of John Baptis and Peter Taffery. May 13, 1724._ + +The Court met and Opened according to Adjournm't by Proclamation and +Ordered John Baptis and Peter Taffery, two French Men, to be brought +[to] the Bar, and they were brought to the Bar accordingly and ordered +to attend to the articles read agt. them for Pyracy, Robbery and +Felony. + +And the Register read the articles, which were the four last articles +of those Exhibited against William Phillips, Isaac Lassen, etc., to +which articles the sd John Baptis and Peter Taffery severally pleaded +not Guilty. Then the Kings Evidences being sworn, Called and +Interrogated, Deposed as follows. + +William Lancy Deposed That whilst he was on board the Pyrat, up[on] +their Coming up with a Cape Anne vessel, Phillips the Captain [of] the +Pyrat ordered John Baptis to fetch up a Musquet, which he did, and +when the Captain was going to take the Musquet [to] fire, Baptis +twicht it out of his hands and fired it him[self], That Baptist was +one that went on board a sloop, one [Beel] Master, Armed. + +David Jaw, belonging to the Scooner [whereof] Will'm Lancy was +Skipper, Deposed That John Baptis Came [on] board their Vessel with +several others armed. That Baptis Came [up] to this Depont. and Damnd +him and kicked him in his legs and [pointed] to his Boots,[1] which +was a sign as this Depont understood it that he wanted his Boots, and +he accordingly pull'd them off and Baptist took them. + +[Footnote 1: Baptis, it will be remembered, did not speak English; +hence it was that he resorted to the expressive language of manual +(and pedal) signs.] + +John Filmore Deposed That John Baptis and Peter Taffery, upon the +rising against the Pyrates, with others fell upon James Sparkes, the +Gunner of the Pyrate, and killed him and threw [him] Overboard. + +Edward Cheesman Deposed That John Baptis always carried himself +Civilly on board and was always for[ward] to rise upon the Pyrates. +That Peter Taffery was [more active] than Baptis, that he saw him fire +at vessels [two or three] times. + +Henry Giles Deposed That William[2] Phillips, the Capt[tain] of the +Pyrate, was always afraid of John Baptis that he would do him some +damage, That Baptis was always ready and forward to rise upon the +Pyrates, when they talkt of rising, That he has seen them go Armed on +board Vessels, but cant say he had any share of the plunder, That +Taffery was more active than Baptis. + +[Footnote 2: John.] + +Andrew Harradine Deposed he never saw any thing but what was Civil in +Baptis and Taffery, That they were very forward upon the rising, as +soon as they perceived what they were about, and were very much +rejoiced when it was done and they had got their Liberty. + +Then the Court ordered That all Persons should depart but the Judges +and Register; and having Maturely weighed the Evidences unanimously +found John Baptist and Peter Taffry not Guilty. Then the Prisoners +were brought to the Bar and the President declared That the Court had +found them not Guilty. + +Then the Court Adjourned till the Morrow Morning. + +And the Court being met according to Adjournment, Francisco, Pedro, +and Pierro, three negros, were brought to the Bar and Arraigned, but +no Evidences appearing to alledge any Acts of Pyracy against them, but +all [alledging] that they were Imployed in Cooking the Kettle, The +Court [unanimously] found them not [Guilty].[3] + +[Footnote 3: But apparently John Baptis's new lease of life was not +long. "November 2 [1726]. John Battis, a Frenchman, his son, and 3 +Indians were hanged at Charlestown ferry." Diary of Jeremiah Bumstead, +_N.E. Hist. Gen. Reg._, XV. 311. The crime was piracy.] + +And then after passing [some necessary orders] relating to [the] +Execution of the Pyrates, etc. [The Court adjourned without] Day.[4] + +[Footnote 4: Archer and White were executed on June 2, 1724. Cotton +Mather ministered to them in their last days, adding, one would think, +a new horror to death. The sermon he preached at them was forthwith +printed by him, _The Converted Sinner ... A Sermon Preached in Boston, +May 31, 1724, In the Hearing and at the Desire of certain Pirates_ +[Archer and White], _a little before their Execution, To which there +is added, A more private Conference of a Minister with them_ (Boston, +1724). With his usual insufferable vanity, he indicates that the +capture of the pirates was widely attributed to his public prayer +against pirates on Sunday, Apr. 26: "Behold, before the week was out, +there comes in a Vessel wherein" were the captive pirates. But the +victorious mutiny against the pirates occurred on Apr. 18, and without +disparaging Dr. Mather's influence in the councils of Heaven, it seems +doubtful if the rising could have been caused by prayers publicly +offered by him on the 26th. After the trial he adds: "One of the first +Things which the Pyrates, who are now so much the Terror of them that +haunt the Sea, impose on their poor Captives, is, to curse Dr. M----r. +The Pyrates now strangely fallen into the Hands of Justice here, make +me the first Man, whose Visits and Counsils and Prayers they beg for. +Some of them under Sentence of Death, chuse to hear from me the Last +Sermon they hear in the world. The Sermon is desired for Publication". +_Diary of Cotton Mather_ (Mass. Hist. Soc.), II. 722, 729.] + + +_123. Bill of Robert Dobney. June 2, 1724._[1] + +[Footnote 1: Mass. Archives, vol. 63, p. 399. Dobney was a newcomer, +admitted in 1715.] + +The Province of the Massachusetts Bay by Order of Edward Stanbridge is +Dr + +1724 +June 2d + + To Makeing of the Chaines for John Rose + archer one of the Pyrats and the hire of a + man to help fix him on the Gebbet att Brid + [Bird] Island[2] L12.10 + +per me + +ROBERT DOBNEY + +[Footnote 2: "On Tuesday the 2d instant, were executed here, for +Piracy, John Rose Archer, Quarter Master, aged about 27 years, and +William White, aged about 22 years. After their Death they were +conveyed in Boats down to an Island, where White was buried, and the +Quarter Master was hung up in Irons, to be a Spectacle, and so a +Warning to others." _Boston Gazette_, June 8, 1724. Bird Island, which +has now disappeared, was a small island in Boston harbor, lying +between Noddle's Island (East Boston) and Governor's Island, about a +mile and a half from the town. Six days after the execution, Jeremiah +Bumstead records in his diary, "My wife and Jery and Betty [a boy of +16 and a girl of 17], David Cunningham and his wife, and 6 more, went +to the castle to Governors Island, and to see the piratte in Gibbits +att Bird Island." _N.E. Hist. Gen. Reg._, XV. 202.] + + +_124. Bill of Edward Stanbridge. June 2, 1724._[1] + +[Footnote 1: Mass. Archives, vol. 63, p. 402. Edward Stanbridge was +the provost marshal; see doc. no. 119.] + +June 2d The Province of the Massachusetts Bay to + 1724 Edwd. Stanbridge, Dr + +for Sundrys by him Expended being Marshall And by Order of A Speciall +Cort of Admiralty for the Execution of John Rose Archer and William +White two Pirates, Viz. + +To the Executoner for his Service I paid + him[2] L12.00. 0 + +To Mr Joseph Parsons[3] for Cordage I + paid his Bill L2.17. 6 + +To Boat hire and Labourers to help Sett + the Gibet And there attendance at the + Execution and Diging the Grave for + White 3.10. 8 + +To Expences on the Sheriefs officers and + Cunstables after the Exicution att Mrs. + Mary Gilberts her Bill[4] 3.15. 8 + -------- + 22. 3.10 + +To Georg Mayo, Blockmaker, his Bill 1. 5.00 + -------- + 23. 8.10 + + E: Excepted.[5] +per EDWARD STANBRIDG. + +[Footnote 2: Apparently represented by the preceding bill, doc. no. +123.] + +[Footnote 3: One of the constables of Boston.] + +[Footnote 4: July 6, 1719, the selectmen of Boston licensed Mary +Gilbert to sell strong drink as an innholder at the north end of Fish +Street. Boston Record Commissioners, _Reports_, XIII. 55. This +considerable item represents what was necessary to restore the nerves +of the provost marshal's attendants after an uncomfortable piece of +work.] + +[Footnote 5: Errors excepted.] + + * * * * * + +_125. Petition of Nicholas Simons. May, 1725._[1] + +[Footnote 1: Manuscript room, New York Public Library.] + +To the Honourable Samuel Cranston Esqr Governour of his Majestys +Colony of Rhode Island etc. And the Hon'ble Assistants and the Hon'ble +Generall Assembly of the Said Colony, + +The Petition of Nicholas Simons Mariner Humbly Sheweth + +That Whereas the Ship _John and Mary_ belonging to Boston whereof +Thomas Glen was late Master was Taken by Shipton a Pirate in the month +of December last in the Bay of Hondoras And the Said Nicolas Simons +haveing been aforeced[2] man for Some time on board the Said Pirate +was Ordered by the said Shipton to take the Command of the Said Ship +_John and Mary_ as navigator and two Pirates with him and follow the +Said Pirate--But after the Said Simmons Parted with the Pirate Shipton +he released the men that were bound on board the Said Ship _John and +Mary_ and Consulted with them about the destroying the three Pirates +which the said Simons and Barlow aforced man and Perry mate of the +Said Merchant Ship Effected And they lately carried the Said Ship into +Rhod Island whereby the Owners have Recovered their Said Ship and her +Cargoe,[3] + +[Footnote 2: A forced.] + +[Footnote 3: A vote of the general assembly in May, 1725, _Records of +the Colony of R.I._, IV. 361, mentions three quite other persons as +claiming to have effected the recapture. No action on Simons's +petition is noted in the records.] + +And in as much as the Said Nicholas Simons is now under a necessity to +leave off his Employment of a Mariner for fear of the Sd. Pirates And +has a new Employment to Seek for his Support he being in but low +Circumstances, + +He therefore most humbly prays your Honours would be pleased to take +the premisses into your most just and wise consideration and bestow of +your Bounty upon him as in your accustomed goodness you Shall See +meet. + +And your Peti'r as in Duty Bound Shall ever pray etc + +Boston May NICHOLAS SIMONS. +1725 + +The above petitioner was the principle person +in Resqueing the Ship out of the hands of +the pirats, and had Incouragem't of a gratuity +by this Assembly for his good Service. + +SAM'L CRANSTON Go'r + +Past to the house of Deputys + by order + RICHD. WARD Record'r + + +_126. Instructions of George II. to Captains of Privateers. November +30, 1739._[1] + +[Footnote 1: Opening pages of "vol. V." (1739-1745) of the manuscript +records of the vice-admiralty court held at Boston. These five volumes +of records are now deposited with the Suffolk Court Files. They are +described by Mr. John Noble in _Pubs. Col. Soc. Mass._, VIII. 169. A +summary of all the cases in this particular volume, wrongly declared +then to be the only one extant, is presented in the appendix to B.R. +Nichols, _Argument in Peele vs. Merchants Insurance Co._ (Boston, +1826), pp. 127-132. Various extracts are in Mr. Noble's article, pp. +170-184. War with Spain had been declared Oct. 23. Instructions to +privateers were of course issued in every war. Parts of those put +forth in 1693, 1705, 1706, and 1744 are printed in F.T. Pratt, _Law of +Contraband of War_ (London, 1856), pp. 264-269, 257. Others are in +R.G. Marsden, _Law and Custom of the Sea_, II. 404-435. Of acts of +Parliament on privateers and prizes, the latest in force at this date +was that of 9 Anne ch. 27, but a fresh act was under discussion in +Parliament at this date, and on Dec. 20 the royal assent was given to +the act 13 Geo. II. ch. 4, "for the encouraging of seamen to enter +into his Majesty's service".] + +Instructions for the Commanders of such Merchant Ships and Vessells as +may have Letters of Marque or Commissions for Private Men of War +against the King of Spain, his Vassals and Subjects or others +Inhabiting within any of His Countries, Territories or Dominions, by +Vertue of Our Commission Granted under the Great Seal of Great +Britain, bearing Date the Thirtieth Day of November 1739.[2] Given at +our Court at St. James's the 30th Day of November 1739, in the +Thirteenth Year of Our Reign. + +[Footnote 2: Commission to the Lords of the Admiralty authorizing them +to provide for the issue of privateering commissions or letters of +marque; see doc. no. 127.] + +I. That it shall be Lawful for the said Commanders of Merchant Ships +and Vessells, Authorized by Letters of Marque or Commissions for +Private Men of War, to set upon by force of arms and to subdue and +take the Men of War, Ships and other Vessells whatsoever, as also the +Goods, Moneys and Merchandizes, belonging to the King of Spain, his +Vassals and Subjects, and others Inhabiting within any of his +Countries, Territories or Dominions, and such other Ships, Vessells +and Goods, as are, or shall be, liable to Confiscation, pursuant to +the Treaties between Us and other Princes, States and Potentates: But +so as that no Hostility be committed, nor Prize Attacked, Seized or +taken within the Harbours of Princes and States in Amity with Us, or +in their Rivers or Roads within Shott of their Cannon. + +II. That all Ships of what Nation soever carrying any Soldiers, arms, +Powder, Ammunition or any other Contraband Goods, to any of the +Territories, Lands, Plantations or Countries of the King of Spain +shall be seized as Prizes. + +III. That the said Commanders of such Merchant Ships and Vessells +shall bring such Ships and Goods, as they have Seized or shall so +seize and take to such Port of this Our Realm of England, or some +other Port of Our Dominions as shall be most convenient for them, in +order to have the same Legally Adjudged in Our High Court of Admiralty +of England, or before the Judges of such other Admiralty Courts, as +shall be Lawfully authorized within Our Dominions: But if such Prize +be taken in the Mediterranean or within the Streights of Gibraltar, +then the Captor may if he doth not think fit to bring the same to some +Port of England, or other Our Dominions, carry such Ship and Goods +into the Ports of such Princes or States as are in alliance or amity +with us. + +IV. That after such Ships shall be taken and brought into any Port the +Taker shall be Oblig'd to bring or send, as soon as possible may be, +Three or Four of the Principal of the Company (whereof the Master and +the Pilot to be always two) of every Ship so brought into Port, before +the Judge of the Admiralty of England, or his Surrogate, or before +the Judge of such others Admiralty Courts, within our Dominions, as +shall be Lawfully Authorized as aforesaid, or such as shall be +Lawfully Commissioned in that behalf, to be sworn and examined upon +such Interrogatories as shall tend to the Discovery of the Truth,[3] +touching the Interest or Property of such Ship or Ships, and of the +Goods and Merchandizes found therein: and the Taker shall be further +obliged at the Time he produceth the Company to be Examin'd, to bring +and deliver into the hands of the Judge of the Admiralty of England, +his Surrogate, or the Judge of such other Admiralty Courts within Our +Dominions, as shall be Lawfully Authorized, or others Commissioned as +aforesaid, all such Passes, Sea Briefs, Charter-Parties, Bills of +Lading, Cockets, Letters and other Documents and Writings as shall be +Delivered up, or found on board any such Ship; the said Taker or one +of his Chief Officers, who was present, and saw the said Papers and +Writings Delivered up, or otherwise found on board at the time of the +Capture, making Oath, That the said Papers and Writings are brought +and Delivered in as they were received or taken, without any Fraud, +Addition, Subtraction or Embezilment. + +[Footnote 3: See doc. no. 183.] + +V. That all such Ships, Goods and Merchandizes taken by Vertue of +Letters of Marque or Commissions for Private Men of War, shall be kept +and preserved, and no part of them shall be sold, spoiled, wasted, or +diminished, and that the Bulk thereof shall not be broken before +Judgment be given in the High Court of Admiralty of England, or some +other Court of Admiralty Lawfully Authorized in that behalf, that the +said Ships, Goods and Merchandizes are Lawful Prize; and that no +Person or Persons, taken or Surprized in any Ship or Vessell as +aforesaid, tho' known to be of the Enemy's Party, shall be in Cold +Blood killed, maimed, or by Torture and Cruelty Inhumanly Treated, +contrary to the Common Usage and just Permission of War: and whoever +shall offend in any of the premises shall be severely punished. + +VI. That the said Commanders of such Merchant Ships and Vessells, who +shall obtain the said Letters of Marque, or Commissions, as aforesaid +for Private Men of War, shall not do or attempt anything against the +true meaning of any article or articles, Treaty or Treaties depending +between Us, or any of Our Allies, touching the freedom of Commerce in +the Time of War, and the Authority of the Pass Ports or Certificates +under a certain Form in some one of the Articles or Treaties so +depending between Us and Our Allies as aforesaid, when produced and +shewn by any of the Subjects of Our said Allies, and shall not do or +attempt anything against Our Loving Subjects, or the Subjects of any +Prince or State in Amity with Us, nor against their Ships, Vessells or +Goods, but only against the King of Spain, his Vassals and Subjects, +and others Inhabiting within His Countries, Territories or Dominions, +their Ships Vessells and Goods,--except as before Excepted; and +against such other Ships, Vessells and Goods, as are or shall be +liable to Confiscation. + +VII. That after Condemnation of any Prize, it shall or may be Lawful +for the Commanders of such Merchant Ships or Vessells or the Owners of +the same, to keep such and so many Ships, Vessells Goods and +Merchandizes as shall be Condemned to them, for Lawful Prizes, in +their own Possession, to make Sale or Dispose thereof in Open Market +or Otherwise, to their best Advantage in as ample manner as at any +time heretofore has been Accustomed in Cases of Letters of Marque, or +of Just Prizes in Time of War; other than wrought Silks, Bengalls, and +Stuffs mixed with Silk or [Herbs] of the Manufacture of Persia, China +or East India, or Callicoes painted, dyed, printed or stained there, +which are to be deposited for Exportation, according to the Directions +of an Act made in the Eleventh Year of the Reign, of the late King +William, Entituled _An Act for the More Effectual Employing the Poor +by Encouraging the Manufactures of this Kingdom_:[4] And that it shall +be Lawful for all manner of Persons as well Our Subjects as others, +according to Law, to buy the said Ships, Vessells, Goods and +Merchandizes, so taken and Condemned for Lawful Prize, without any +Damage or Molestation to Ensue thereupon to the said Byers, or any of +them, by reason of the Contracting or Dealing for the same. + +[Footnote 4: 11 and 12 Will. III. ch. 10.] + +VIII. That if any Ship or Vessell, belong'g to Us or Our Subjects, or +to Our Allies or their Subjects, shall be found in Distress, by being +in fight, set upon, or taken by the Enemy, the Captain, Officers and +Company, who shall have such Letters of Marque or Commission, as +aforesaid, shall use their best Endeavours to give aid and Succour to +all such Ship or Ships, and shall to the utmost of their power Labour +to free the same from the Enemy. + +IX. That Our Subjects and all other Persons whatsoever, who shall +either in their own persons serve, or bear any Charge or Adventure, or +in any sort further or set forward the said Adventure, according to +these Articles, shall stand and be freed by vertue of the said +Commission; and that no person be in any wise reputed or challenged +for an offender, against Our Laws, but shall be freed, under Our +Protection, of and from all Trouble and Vexation that might in any +wise grow thereby, in the same manner as any other Our said Subjects +ought to be by Law, in their Aiding or Assisting Us, either in their +own persons, or otherwise, in a Lawful War against Our declared +Enemies. + +X. That the said Commanders of such Merchant Ships and Vessells or +their Owners or Agents before the taking out Commissions, shall give +Notice in Writing, Subscribed with their hands, to Our High Admiral of +Great Britain, for the Time being, or Our Commissioners for Executing +the Office of Our High Admiral or the Commissioners for Executing that +Office for the Time being, or the Lieutenant or Judge of the said High +Court of Admiralty, or his Surrogate, of the Name of their Ship, and +of the Tunnage and Burthen, and the Names of the Captain, Owners or +Setters out of the said Ship, with the Number of Men, and the Names of +the Officers in her, and for what Time they are Victualled, as also of +their Ordnance, Furniture and Ammunition; To the End the same may be +Registered in the said Court of Admiralty. + +XI. That those Commanders of such Merchant Ships and Vessels, who +shall have such Letters of Marque or Commissions as aforesaid, shall +hold and keep, and are hereby Enjoyn'd to hold and keep a +Correspondence, by all Conveniences, and upon all occasions, from Time +to Time, with Our High Admiral of Great Britain for the Time being, or +Our Commissioners for Executing the Office of Our High Admiral, or the +Commissioners for Executing that office for the Time being, or their +Secretary, so as from Time to Time to render and give unto him or them +not only an account and Intelligence of their Captures or Proceedings +by vertue of such their said Letters of Marque, or Commissions as +aforesaid; but also of whatsoever else shall Occur unto them, or be +discovered or declared unto them, or found out by them, by Examination +of, or Conference with, any mariners or Passengers, of or in the Ships +or Vessells taken, or by any other ways or means whatsoever, touching +or concerning the designs of the Enemy, or any of their Fleets, Ships, +Vessells or Parties; and of the Stations, Seas, Ports and Places and +of their Intents therein; and of what Merchant Ships or Vessells of +the Enemy, bound out or Home, as they shall hear of; and of what else +Material in these Cases may arrive to their knowledge, to the End such +Course may be thereupon taken, and such Orders given as may be +requisite. + +XII. That no Commander of a Merchant Ship or Vessel who shall have a +Letter of Marque or Commission as aforesaid, shall presume, as they +will answer it at their Peril, to wear any Jack, Pendant or any other +Ensign or Colour, Usually born by Our Ships, but that besides the +Colours born Usually by Merchant Ships, they do wear a Red Jack with +the Union Jack described in the Canton at the Upper Corner thereof +near the Staff,[5] and that One third part of the whole Company of +every such Ship or Vessel so fitted out as aforesaid shall be Land +Men. + +[Footnote 5: Like the present red flag of the British merchant +marine.] + +XIII. That such Commanders of Merchant Ships and Vessels who shall +Obtain such Letters of Marque or Commissions, as aforesaid, shall also +from Time to Time, upon due Notice being given them, observe all such +other Instructions and Orders as We shall think fit to direct for the +better carrying on of this Service. + +XIV. That all Persons who shall Violate these Instructions shall be +severely punished, and also required to make full Repairation to +Persons Injured contrary to these Instructions for all Damages they +shall sustain by any Capture, Embezilment Demurrage or otherwise. + +XV. That before any such Letters of Marque or Commissions issue under +Seal, Bail with Sureties shall be given before the Lieutenant and +Judge of Our High Court of Admiralty of England, or his Surrogate, in +the Sum of Three thousand Pounds Sterling, if the Ship carries above +One hundred and fifty Men; and if a Lesser Number, in the Sum of +Fifteen hundred pounds Sterling; Which Bail shall be to the Effect, +and in the form following: + + Which Day, Time and Place Personally Appeared ---- Who + submitting themselves to the Jurisdiction of the High Court + of Admiralty of England, Obliged themselves, their Heirs, + Executors and Admin'rs to Our Sovereign Lord the King, in + the Sum of ---- Pounds of Lawful Money of Great Britain, to + this Effect, That is to Say, Whereas ---- is Authorized by + Letters of Marque, or a Commission for a Private Man of War, + to Arm, Equip, and set forth to Sea, the Ship called the + ---- of the burthen of about ---- Tons whereof he the said + ---- goeth Captain, with Men, Ordnance, Ammunition and + Victuals, to set upon by force of Arms, and to Subdue, Seize + and Take the Men of War, Ships and other Vessells whatsoever + together with the Goods, Monies and Merchandizes, belonging + to the King of Spain, or to any of his Vassals and Subjects, + or others Inhabiting within any of His Countries, + Territories or Dominions whatsoever, and such other Ships, + Vessels and Goods, as are or shall be liable to + Confiscation, excepting only within the Harbours or Roads + within Shot of the Cannon of Princes and States in Amity + with His Majesty, and whereas he the said ---- has a Copy of + certain Instructions Approved of and Passed by His Majesty + in Council, delivered to him to Govern himself therein, as + by the Tenour of the said Commission, and of the + Instructions thereto relating, more at large appeareth. If + therefore nothing be done by the said ---- or any of his + Officers, Mariners, or Company, contrary to the true meaning + of the said Instructions, but that the Commission aforesaid + and the said Instructions shall in all particulars be well + and truly performed and Observed as far as they shall the + said Ship, Captain and Company any way concern: and if they + or any of them, shall give full Satisfaction for any Damage + or Injury which shall be done by them, or any of them, to + any of His Majesty's Subjects or Allies or Neuters, or their + Subjects: and also if the said ---- and his officers and + Mariners shall duly and truly pay or cause to be paid to His + Majesty, or to such Person or Persons as shall be by His + Majesty Authorized to receive the Same, the Just Tenths or + Tenth part, according to the due and Legal Appraizement of + all such Ships and Goods as shall be by them or any of them + taken or Seized, and shall be by due Course of Law Adjudged + to be good and Lawful Prize: And also shall duly and truly + pay or cause to be paid to His Majesty, or the Customers or + Officers Appointed to receive the same for His Majesty, the + Usual Customs due to His Majesty of and for all Ships and + Goods so as aforesaid taken and Adjudged for Prize: And + moreover if the said ---- shall not take any Ship or Vessel, + or any Goods or Merchandizes belonging to the Enemy, or + otherwise liable to Confiscation, thro' Consent or + Clandestinely, or by Collusion, by Vertue, Colour or + pretence of his said Commission; that then this Bail shall + be Void and of None Effect and unless they shall so do, they + do all hereby Severally Consent that Execution shall Issue + forth against them, their Heirs, Executors and + Administrators, Goods and Chattels, wheresoever the same + shall be found, to the value of the said Sum of ---- Pounds, + before mentioned. And, in Testimony of the Truth thereof + they have hereunto Subscribed their names. + + By His Majesty's Command. + + HARRINGTON.[6] + +A True Copy + Exam'd per JOHN PAYNE D. Reg'r.[7] + +[Footnote 6: William Stanhope, lord Harrington, afterward earl of +Harrington, was one of the two secretaries of state from 1730 to 1742, +and from 1744 to 1746.] + +[Footnote 7: Deputy register of the vice-admiralty court in Boston.] + + +_127. (Draft of) Warrant to Governors to issue Letters of Marque. +April 26, 1740._[1] + +[Footnote 1: Public Record Office, Admiralty 1:3674.] + +By the Commissioners for executing the Office of Lord High Admiral of +Great Britain and Ireland, etc. + +Whereas by an Act passed this present Session of Parliament +(intituled, an Act for the more Effectual securing and encouraging the +Trade of his Majesty's British subjects to America, and for the +Encouragement of Seamen to enter into his Majesty's service)[2] it is, +amongst other Things, therein enacted "That any Person or Persons in +any part of America or elsewhere, by us impowered and appointed, +shall, from and after the fourth Day of January, one thousand seven +hundred and thirty nine, at the Request of any British Owner or Owners +of any Ship or Vessel, giving such Bail and Security as have been +usually taken upon granting Commissions, or Letters of Marque (except +only for the payment of the Tenths of the Value of Prizes which shall +be taken, to the Lord High Admiral, or Commissioners for executing the +Office of Lord High Admiral for the time being) cause to be issued +forth in the usual manner, one or more Commission or Commissions, to +any Person or Persons whom such Owner or Owners shall nominate to be +Commander; or in case of Death, successively Commanders of such Ship +or Vessel, for the attacking, surprizing, seizing and taking, by and +with such Ship or Vessel, or the Crew thereof, any Place or Fortress +upon the Land, or any Ship or Vessel, Goods, Ammunition, Arms, Stores +of War, or Merchandizes, belonging to or possessed by any of his +Majesty's Enemies, in any Sea, Creek, Haven, or River", + +[Footnote 2: 13 Geo. II. ch. 4.] + +These are therefore to impower you, Edward Trelawny, Esquire, Governor +of Jamaica,[3] and by these Presents we do impower and appoint you the +said Edward Trelawny, Esquire, to cause to be issued forth, pursuant +to the said Act, by Warrant under your Hand, and the Seal of the said +Island, directed to the Judge of the Admiralty of the said Island of +Jamaica, Commissions or Letters of Marque, at the Request of any +British Owner or Owners of any Ship or Vessel, to any Person or +Persons whom such Owner or Owners shall nominate to be Commander; or +in case of Death successively Commanders of such Ship or Vessel; and +to cause such Bail and Security to be taken as is directed by the said +Act, and moreover to cause that, in granting such Commissions or +Letters of Marque, all other Things be had and done conformable to, +and as the said Act requires. For which this shall be your Warrant. +Given under our Hands and the Seal of the Office of Admiralty this +---- Day of ---- 1740. + +[Footnote 3: Governor of Jamaica from 1738 to 1752.] + +To ---- + +_May it please your Lordships,_ + +This contains a Draught of an Instrument submitted to your Lordships, +as proper to be signed, and issued out to the Governors of his +Majesty's Colonies and Islands in America, prepared by me; pursuant to +your Lordships Order of the 15th of April 1740. + +E. ISHAM.[4] + +April 26th 1740. + +[Footnote 4: Edmund Isham, advocate general of the Admiralty.] + + + + +DUMARESQ VS. THE _AMSTERDAM POST_. + + +_128. Record of the Admiralty Court, and Libel. July 23, August 30, +1740._[1] + +[Footnote 1: Records of the admiralty court, Boston, Suffolk County +Court-house, vol. V.; see doc. no. 126, note 1. It is to be understood +that the libel, and the other documents which follow, nos. 129-143, +are to be found imbedded in the record of the case in the volume +named, not separate. The case is interesting as showing some of the +deceptions which might be, and often were, resorted to in time of war. +War existed between Great Britain and Spain; the Dutch were neutrals. +Briefly, the _Amsterdam Post_ was provided with two sets of papers, +one Spanish, to be used in case she were overhauled by a Spanish +war-vessel or privateer, one Dutch, to be used in case she fell into +British hands. Robert Auchmuty was judge of the admiralty court in +Boston from 1733 to 1747.] + +At a Court of Admiralty holden at Boston before the Hono'ble Robert +Auchmuty Esq., Judge of said Court, the 30th day of August A.D. 1740. + +New Engl'd } +Prov. of the Massa's Bay } Boston, July 23, 1740. + +To the Hono'ble Robt. Auchmuty, Esqr., Jud. of Vice Adm'ty. + +The Libel of Philip Dumaresq,[2] Commander of the Private Man of War +Sloop _Young Eagle_ of Boston, Sheweth, + +[Footnote 2: Philip Dumaresq, son of Elias Dumaresq, seigneur des +Augres in the island of Jersey, and of Frances de Carteret, came to +Boston before 1716, and died there in 1743 or 1744. He was one of the +first vestrymen of Trinity Church.] + +Whereas on the 23d of Octob'r last his Majesty Caused Publick +Proclamation to be made of an Open War with the King of Spain, +requiring all his officers and Soldiers to do all Acts of Hostility in +prosecution of this War against the King of Spain, his Vassals and +subjects, and afterwards on the 15th of January last the said Philip, +Commander of the sloop aforesaid, and her men, being duly Commissioned +with Letters of Marque and Reprisals against the King of Spain, his +Vassals and Subjects,[3] to attack, Seize, Take and make Prize of +their Ships, Vessells and Goods, met with the Sloop the _Amsterdam +Post_ about three or four Leagues off of the Grand Canary Island, +standing in for Santa Crux in Teneriffe[4] in the King of Spains +Dominions, Commanded by AEneas Mackay, a British Subject but made free +of Amsterdam, man'd with British Subjects and furnished with various +Papers and Evidences to make her seem to be either an English or Dutch +Sloop, as might best suit the occasion, and upon Examination finding +that she was the Property of certain Subjects of the King of Spain or +Inhabitants of the Canaries within his Dominions, and by them during +this present War sent from Teneriffe aforesd to Cork in Ireland and +there Laden with thirty nine Barrells of Beef, Forty Barr'ls of +Pilchards, eighty nine BBlls of Butter, fifty four boxes of Candles, a +hundred eighty nine Hides of Leather, five Bar'ls of Hatts, two Boxes +of Soap and five Bar'ls of Wax for acco't of the same owners and was +then returning directly to Teneriffe for their Supply, He the said +Philip therefore Seized and Took the sd Sloop _Amsterdam Post_ and her +Cargo as a Lawfull Prize, as he Lawfully might do, Wherefore the said +Philip Dumaresq prays the consideration of this Hono'ble Court upon +the premises properly and only in their Cognizance, that a Short +Day[5] may be assigned to Hear and pass upon this Libel and Matters +therein contained and that the said Sloop and Cargo may be Decreed and +declared a Lawfull Prize, etc. + +JNO. READ. +W. BOLLAN.[6] + +[Footnote 3: The commission from Governor Belcher, Aug. 24, 1739, is +printed in [Augustus Thorndike Perkins], _A Sketch of the Family of +Dumaresq_ (Albany, 1863), pp. 15-16.] + +[Footnote 4: The harbor of Santa Cruz is on the side of Teneriffe +toward the Grand Canary.] + +[Footnote 5: An early date.] + +[Footnote 6: Two of the leading lawyers of the province. Read had been +attorney general and was now a member of the council. Bollan, Governor +Shirley's son-in-law, was for many years agent of Massachusetts in +London.] + +1740, July 23d, filed and allowed, and ordered that Publick +Notifications be Posted upon the Sloop _Amsterdam Post_ and at the +Town House, for all Persons Claiming Property in the said Sloop to +Appear at a Court of Admiralty to be holden at Boston on Friday next +at 10 a Clock A.M. To Make out their Property. + +ROBERT AUCHMUTY, Judge Ad'y. + +Accordingly at the time appointed the Court was opened and the Libel +Read, at which Time Collonel Wendell[7] appeared and offered some +Papers to be Lodged in Court, which he rec'd from the Owners of the +Sloop, which the Judge refused to admit of, But told him he might +Claim the Vessell and Cargo if he wou'd do it as the Act of Parliament +requires, which he refus'd and said he Intended to put the Bonds[8] in +Suit when he had proper Powers. + +[Footnote 7: Col. Jacob Wendell (1691-1761), great-grandfather of Dr. +Oliver Wendell Holmes. Born in Albany, of Dutch descent, he might +naturally be invoked to aid Amsterdam owners.] + +[Footnote 8: _I.e._, the bonds of the privateer; see doc. no. 126, +sect. XV.] + +Publick Proclamation was then three Times Solemnly Made for all +Persons claiming Property in the Sloop _Amsterdam Post_ and Cargo to +make their appearance and they shou'd be heard, but none appeared; The +Court was then Adjourn'd to Wednesday the 13th of August next at ten +a Clock a.m., and the Judge ordered notifications to be Posted up as +before for all persons claiming property to appear if they see cause. + +The Court was opened on the 13th of August according to adjournment, +and Proclamation Three Times Solemnly made for any Claimer to appear, +whereupon Collo. Wendell Appeared in Court and Claim'd the said Sloop +in behalf of Mr. Peter Devernet of Amsterdam, Merchant, which the +Judge allow'd of upon his giving Security as the Act requires. The +Court was then Adjourned to Wednesday morning at Seven a Clock, at +which Time it was opened and the Libel Read, and Jacob Wendell, Esqr., +in behalf of Peter Devernet of Amsterdam, Merch't, and his son Isaac +Devernet of Santa Crux, Merch't, Claimed the said Sloop's Cargo as +their Property. The Court was then adjourned to Monday the 18th Curr't +at Seven a Clock a.m., at which Time it was Opened, when Jacob +Wendell, Esqr., in Open Court made oath that he verily believed that +Peter Devernet of Amsterdam, Merch't, in behalf of whom he claims the +sd Vessell, was at the time of the Capture sole owner thereof, and +also that the Cargo on board said Sloop was owned by the said Peter +Devernet and his son Isaac, then Resident at Santa Crux in the Island +of Teneriffe, Merch't. At the same time Collo. Wendell gave the +following Bail, viz.... + +John Rous,[9] Late Lieuten't of the Sloop _Young Eagle_, Commanded by +Capt. Philip Dumaresq, being Examined upon oath before the Hono'ble +Robt. Auchmuty, Esqr., Judge of his Majestys Court of Vice Admiralty, +as to the following Interrogatorys made the following answers. + +[Footnote 9: This privateer subsequently became a captain in the royal +navy. He distinguished himself in both the naval expeditions against +Louisbourg, in 1745 and in 1758. Charnock, _Biographia Navalis_, V. +412-414. See also doc. no. 160, note 1.] + +_Interro. The First._ Was the Sloop called the _Amsterdam Post_, AEneas +Mackay Master,[10] taken as a Prize, by whom, when and where? + +[Footnote 10: The connection of the Scottish Mackays with Holland has +been long and important. Aeneas Mackay, son of the Scottish Lord Reay, +entered the military service of the Dutch Republic in 1684, and rose +to be general of the Scots Brigade; and for a hundred years, as long +as that organization continued to exist (_The Scots Brigade in +Holland_, Scottish History Society, _passim_) there was always at +least one Aeneas Mackay among its officers. In our own time Baron +Aeneas Mackay was prime minister of the Netherlands. This shipmaster +would be some humble member of the clan.] + +_answer._ on the 15th day of January last this Depon't, who was +Lieutenant of the Sloop _Young Eagle_ but at that Time Commander +thereof in the absence of Philip Dumaresq the Captain, about three or +four Leagues off the Grand Canary Island took the Sloop in this +Interro. mention'd, standing in for Santa Crux in Teneriffe, and came +last from Corke, and as the Master thereof said to this Depon't was +bound to Madera,[11] but then going into one of the Canary Islands to +get water, whereupon this Depon't sent his then Lieuten't on board, +who Inform'd this Depon't that there was one Cask full of Water and +another runing out and that he stopt the same and afterwards they +found water sufficient to serve them in their Passage to Madera which +was ab't three Weeks. + +[Footnote 11: _I.e._, to a Portuguese, neutral, port.] + +_Interro. 2d._ What was the Lading of the Sloop _Amsterdam Post_? + +_Answer._ She was Loaded with Beef, Butter, Hatts, Shoes, Candles, +Soap, Hides and some Pilchards, and for greater Certainty this Depon't +referrs himself to the Bills of Lading. + +_Interro. 3._ Are the Papers now produced before you and now Lodged in +this Court, the Papers that were taken on Board the said Sloop as you +know, or have heard, how, and in what manner? + +_a._ This Depon't did not go on board said Sloop when taken and +therefore can't say of his own knowledge that these are the Papers +taken on board, but verily believes they are, for these Papers were +sent to this Depon't by his Lieuten't from said Vessell some short +Time after she was taken, and two of the Papers, namely, an English +Mediterranean Pass[12] and a Paper in Spanish Importing a Clearance, +as this Depon't was Inform'd by his officers whom he sent on board, +was found between two Bed Bottoms belonging to the Master of said +Sloop, and afterwards this Depon't saw the very place where they sayd +the Papers were Concealed. + +[Footnote 12: See doc. no. 141. A pass from the Admiralty, which, in +accordance with the treaties between Great Britain and the Dey of +Algiers, English vessels entering the Mediterranean had to carry in +order to be exempt from search by the Algerine corsairs. Such a pass, +of 1750, is printed in Marsden, _Law and Custom of the Sea_, II. +347-348. A full set of ships' papers seems to have consisted, at least +in Dutch practice, of a bill of health (see doc. no. 197), a sea-letter +or let-pass (docs. nos. 129, 130), a muster-roll (_role d'equipage_) +or shipping-articles of the crew, and a clearance for the cargo.] + +_Interro. 4._ Did you hear the sd Master of the Sloop aforesd Declare +where he took in his aforesaid Loading? + +_A._ This Depon't at Divers times heard the said Master Acknowledge +and Declare that he took in his aforesd Loading at Corke in the +Kingdom of Ireland, and also that he went from Teneriffe to Corke, +where he purchased sd Loading, and was to return with the same +immediately to Teneriffe, where two of his owners were Inhabitants and +one other owner an Inhabitant of Holland. + +_Interro. 5._ What was done with the Cargo after the Vessell and Cargo +was thus taken? + +_A._ All the Cargo with the Vessell was Carried into Madera and all or +the greatest part of sd Cargo was Landed there. + +_Interro. 6._ Is the Sloop now under Seizure the same Sloop that was +thus taken? + +_A._ Yes. + +_Interro. 7._ What became of the hands belonging to said Sloop? + +_A._ Two of them went on board the Man of War there, and two others +went on board this sd Privateer, and the Mate was carried to +Gibraltar, where he heard he ran away. + +_Interro. 8._ Do you know or have you heard what Nation those hands +were of? + +_A._ The Master, Mate and one hand more he understood to be Scotch, +two hands more to be Irish, one Boy belonging to London and a +Portugueze or Spanish negro man. + +_Lastly_, Do you know anything further relating to sd Vessell and +Cargo or any other former Voyages the said Vessell had made and where +to? + +_A._ He heard the Master acknowledge he had been upwards of two years +Master of said Vessell, during which Time he always used the Canary +Trade, and always acknowledged his Vessell belonged to England till +the last Voyage. + +JOHN ROUS. + +1740, August 12th. John Rous, the Subscriber to the aforegoing, made +oath to the Truth thereof Before Me. + +ROB'T AUCHMUTY, Judge Ad'y. + +Captain Rous being Sworn in Court acknowledged his Examination already +taken was the Truth. He also Declared there was Water enough on board +the Sloop _Amsterdam Post_ to carry her into Madera, and actually +served them for that purpose, viz. three of said Sloop's Crew and five +belonging to the Privateer, which was one more than was on board at +the time of the Capture; That Capt. Mackay was summoned by a +Portugueze officer from the Consul[13] at Captn. Dumaresqs request, as +Capt. Mackay told him, to go in the Privateer Sloop to Gibraltar in +order for a Tryal; that Capt. Mackay told him he sailed from Holland +to the Canaries two years as an English Man, and that he never sailed +under Dutch Colours till the War with Spain; That Capt. Mackay told +him that the Sloop at the time of the Capture belong'd to Mr. Devernet +of Amsterdam and his two sons who lived at Teneriffe, who were all +Frenchmen. That to his knowledge he never saw any of the Cargo Landed +at Madera; that his Lieu't Immediately upon the Capture brought the +Papers of the said Vessell to him, who having first perused them +Sealed them up; that some short time after the said Mackay exprest to +him his Desire, in case a certain Paper was found on board, that it +would be useless to this Depon't, and that he would have it Concealed, +whereupon this Depon't asked him what the Paper was and where in the +Vessell it could be found, but the said Mackay would not inform him, +and this desire of the said Mackays he repeated several times, and in +about two Days after there was brought to this Depon't by John Teit, +who acted as Mate on board the said Prize, two Papers from on Board, +viz. an English Mediterranean Pass wherein the said Master and Sloop +was named, and a Spanish Clearance as of an English Vessell, which was +found as he said as mentioned by this Depon't in his former +Examinat'n, and afterwards the said Mackay repeated his Desire in case +a certain Paper, not naming it, should be found not to show it to +any--Whereupon this Depon't Informed him that he had got what he meant +and shew'd him the said Pass and Clearance, and then the said Master +again pressed him not to shew the same to the Consul. That upon his +arrival at Madera he Delivered the Papers so found and Seal'd up, +together with the said Pass and Spanish Clearance, to Capt. Dumaresq +in the Consul's House, that Capt. Dumaresq then delivered them to the +Consul, who broke open the Seal and perused the Papers together with +Capt. Dumaresq; and that he verily believes the Papers now in Court +are all the Papers he so delivered up, excepting the said Pass. + +[Footnote 13: The British consul at Funchal, Richard Baker; see docs. +nos. 140, 141.] + +The Court was then adjourn'd to the 21st of Aug't Curr't at 7 a Clock +a.m., at which time it was opened, when Michael Dumaresq being first +Sworn Declar'd that his Examination already taken was the Truth. He +further Declared that when Capt. Dumaresq arrived at Gibraltar he +heard him say he wou'd go to the Govern'r,[14] to the Admiral,[15] and +to the Judge of the Admiralty, that accordingly he saw the Captain go +to Sir Chaloner Ogle, who was the Admiral, and to the Governour; that +he heard Capt. Dumaresq Say the Admiral told him he believ'd the +Vessell would be condemn'd; and that the Person called the Judge of +Admiralty at Gibraltar, upon Capt. Dumaresq application to him for a +Tryal, told him he had no Commission or Instructions to Try any +Capture but expected the same from England every Day; That upon the +arrival of the Sloop _Amsterdam Post_ at Madera there was an officer +put on board her from the Provedore[16] and Judge of the Poor, that he +remain'd on Board till other officers came on Board and unladed the +Vessell and that Capt. Dumaresq paid the officer two Bitts[17] a Day +and his Victuals during his Stay on Board. + +[Footnote 14: Lieut.-Gen. William Hargrave.] + +[Footnote 15: Rear-Adm. Sir Chaloner Ogle, afterward distinguished in +the Cartagena expedition, and admiral of the fleet. See doc. no. 117, +note 14.] + +[Footnote 16: Superintendent.] + +[Footnote 17: Two reals, or a quarter of a dollar.] + +Abraham Martin, being Sworn in Court, Declared that his Examination +already taken was true. The Court was then adjourn'd to Saterday the +23d Curr't at half an hour past 2 a Clock p.m., at which time it was +open'd and several Papers were produc'd and Read in Court, which are +as follows, viz. + + +_129. Sea-letter of the Amsterdam Post. September 22, 1739 (N.S.)._ + +To all Potent Kings, Queens, Princes, Princesses, Dukes, Lords, etc., +who may see this open Letter or may hear it Read, We Magistrates and +Rulers of the City of Amsterdam Declare that AEneas Mackay of Amsterdam +appeared before us and on Oath Solemnly Declares, That the Vessell +named the _Amsterdam Post_, burthen about Twenty Lasts,[1] of which he +is Master, belongs to a House in this Province, and that no Foreign +Enemy has any part in her Directly or Indirectly, as he hopes to +answer it to Almighty God, and as We are Desirous that the +aforementioned Master should follow his Lawfull Calling, it is our +Desire of all whom it may concern that the aforementioned Capt'n with +his Sloop and Lading may be well received and treated handsomely, and +have Liberty to proceed to and from any Port he may chuse, in a Lawful +Trade, Which We desire and are willing he should do, and have caused +this City Seal to be hereunto affixt. this Done the 22d of Sept'r, Ao. +1739. + +P. DE LA COURT. + +[Footnote 1: A last was two tons.] + +By the Lords of the Admiralty No. 5649. +HARTUNCK.[2] + +[Footnote 2: Copyist's or translator's error for Hartsinck. Jan Jacob +Hartsinck, afterward president of the Dutch West India Company, was +from 1724 to 1762 clerk of the Admiralty of Amsterdam. Elias, _De +Vroedschap van Amsterdam_, II. 910. The Dutch Republic had five navy +boards, of which the Admiralty of Amsterdam was the most important.] + +The required Oath is taken in the Passport Sept. 23d 1739. + + +_130. Let-pass of the Amsterdam Post. September 23, 1739 (N.S.)._ + +Lett Pass the Sloop _Amsterdam Post_, AEneas Mackay Master, with his +Passengers, Goods and Merchandizes, without Lett, Hindrance, Searching +or Molestation, it appearing to us by good Witnesses that the said +Sloop belongs to One under the State of the Netherlands. Given under +our Hand and Seal at the Admiralty in Amsterdam this Twenty third Day +of Septemb'r In the Year of Our Lord one thousand seven hundred and +thirty nine. + +P. FECLELOOT.[?] + +To all Persons whom this may Concern. + Per order of the Lords of the Admiralty. + A. BACKER Jan'ry. + + +_131. Tonnage Certificate of the Amsterdam Post. September 24, 1739 +(N.S.)._ + +We, underwritten, ordered by the Lords of the Admiralty of Amsterdam +to Tax and Visit the Vessells that go to Sea from Texell,[1] Declare +by this That AEneas Mackay of Amsterdam, Master of the Sloop _Amsterdam +Post_, has given us the length of his Sloop, being within Board 50-1/2 +feet, Breadth 15-3/4, feet in the Hold 8 feet, and twelve years old, +and We Tax her to be Twenty Lasts. Visited her in Amsterdam, Septemb'r +the 24th, 1739. + +PIETER KANSEBOOM. + +[Footnote 1: The island and passage where Amsterdam vessels made their +final exit from the Zuyder Zee into the North Sea.] + +The Last Money[2] paid April 13th 1739. + +P. HENKES. WM. CAMPER. + +[Footnote 2: Tonnage dues.] + + +_132. Aeneas Mackay's Oath as a Burgher of Amsterdam. September 16, +1739 (N.S.)._ + +You do swear that you will be a good and faithfull Porter[1] of this +City and will be obedient to such Rulers, as shall from time to time +be appointed, in this Place, in watching and discovering all attempts +that may be made against the Rulers or People of this Place, and that +you will at all Times Exert yourself in the defence of this City, and +do all that becomes a good and honest Porter in Discovering any +Designs. So Help you God. + +[Footnote 1: Dutch _poorter_, burgher.] + +AEneas Mackay of London, Captain, has taken the above Oath and the +Lords Thesaurieren[2] have received the Porter money. Dated in +Amsterdam, Sept'r 16, 1739. + +JOAN THIERRY.[3] + +[Footnote 2: Treasurers.] + +[Footnote 3: Secretary of Amsterdam from 1717 to 1771. Elias, +_Vroedschap_, II. 572.] + + +_133. Lease to Aeneas Mackay. October 2, 1739 (N.S.)._ + +On the Second of Octob'r 1739 Thomas Hall Lett a Chamber to Capt. +AEneas Mackay, whom also acknowledged to have hired the same, in his +House at the Sign of the Bible in New Bridge Street,[1] For one year +certain, and went into the same the third Instant, at Fifty Gilders to +be paid every year, and in case no one appears in Octo. 1740 then We +agree that it shall be in the Power of the Letter,[2] to lett the same +to any other Person, and they may View the same. We have each bound +ourselves according to the Custom of this Place. In Testimony of the +Truth We have each bound ourselves to Each other in those Bonds. + +[Footnote 1: Nieuwebrugsteeg, still so called, in the northwest part +of old Amsterdam. The "new bridge", to which it led from the eastward, +dated from at least 1421.] + +[Footnote 2: Lessor.] + +Dated as above 1739. + +THOS. HALL. + + +_134. Certificates of Master and Mate and Register. October 8, 1739 +(N.S.)._ + +We the underwritten, Master and Mate, Designing by God's help to +proceed on a Voyage to the Canaries per the _Amsterdam Post_, attest +and here Declare That We have no other Goods in our Sloop, nor any +Wares or Merchandize whatsoever, according to the best of our +knowledge, than only such as appears by the Manifest which We have +Delivered to this office to be Inspected into, and that according to +our knowledge there has been no fraud committed, nor any of our Goods +were taken in, till first the Lawfull Dutys were paid, and We further +Declare that the Goods We have now given an acco't of is a true and +Just acco't, and that we will not receive any more on Board, unless +the Persons bring their Passport from this office[1] that they have +paid the Dutys, to which have hereunto Signed our Hands October 8th, +1739. + +AENEAS MACKAY. +GEORGE JANSE. + +[Footnote 1: _I.e._, the register's office at the Texel.] + +We the underwritten, Commissioners of the Registers office, Attest and +declare that We have Visited the Sloop of AEneas Mackay and the Goods +Laden on Board her, and find that the Goods all agree with the +Manifest they gave in of the same, and We do acquit the above written +Capt'n and Mate, by Declaring the acco't they have given in and which +they have signed to be true and Just. Done at Texell the Date and Year +above. + +J. TUNING. + +Mr. John Wendell, Jun'r,[2] who Translated the several Dutch Papers in +the Case, made oath that he had Translated the same according to his +best skill and Judgement. + +[Footnote 2: Nephew of Col. Jacob Wendell and, like him, a Boston +merchant born of a Dutch family in Albany.] + + +_135. Extract from Capt. Mackay's Journal.[1] November 14, 1739._ + +[Footnote 1: The heading which the document bears in the admiralty +court records.--It is a sign of Captain Mackay's imperfect Dutchness +that he keeps his journal by old-style or English dates, not by the +new-style dates which had since 1583 been customary in Holland; for +(see the next document) Thursday, Nov. 15, 1739, was Nov. 15, O.S.] + +At two yesterday afternoon We see Cape Clear and the fastnie[2] +bearing of us n.e. about two Leagues, at 4 Do. it bore of us +N.E.B.E.[3] about 5 Leagues. Tacked and stood to the Eastward. We lay +up S.E.B.E. till 8 in the Evening, from 8 to 12 m.n. E.S.E. We had a +very hard Gale at S. with a very great Sea. at half an hour past three +this morning a sea broke over us and carry'd away our Boom and +Mainsail. We layed the Helm to Lee and kept to w't the Jib but the +Gale increasing We Try'd Hull to. at 5 in the morning the Breakers +seemed close under our Lee and ahead. We hoisted the Jib to try if +possible to clear the Danger, but our Endeavours were fruitless, the +Jib gave way so that We had no Sail left but the Fore Sail, and +nothing appeared in our View but Unavoidable Death. We had the +Breakers on each side and an Opening seemed to be ahead. We bore up +for it and drop't an anchor, which did not hold, the Rocks and +Breakers being all round us and the Night excessive Dark added Dread +to the Terrours of Death, But the Mercifull God opened a Door of +Safety for us when We were in the utmost Distress, for as We were +going Right in among the Rocks We see a small opening on the Larboard +hand. We hoisted the Fore Sail and Cut the Cable and Looft[4] into the +Opening and were Immediately aground in a very smooth sandy Cove. at +seven in the Morning when it cleared for Day We see some People on the +Shore. We got the Boat out and brought two of them on Board. They +directed Me to Apply to one Col. Townsend of Castle Haven,[5] which +is four Miles from Finis Cove,[6] the Place where We are on Shore, +etc. + +[Footnote 2: Cape Clear and the Fastnet Rock form the southernmost +extremity of Ireland.] + +[Footnote 3: Northeast by east.] + +[Footnote 4: Luffed.] + +[Footnote 5: The Townshends were the leading people of Castlehaven, +living at Castletownshend, from Cromwell's time to ours. This was Col. +Richard Townshend. Richard and Dorothea Townshend, _An Officer of the +Long Parliament and his Descendants_, pp. 150-151, with portrait.] + +[Footnote 6: Between Castlehaven and Baltimore, and four miles south +of Skibbereen. The rocky coast in just this region inspired Swift's +once celebrated poem, _Carberiae Rupes_ (1723).] + + +_136. Protest of Capt. Mackay. November 15, 1739._ + +To all Christian People unto whom this Publick Instrum't of Protest +doth come or may Concern, Be it known and Manifest that this Day there +came and Personally appeared before me, Thomas Lucas, Gent'm, Notary +and Tabellion Publick in and throughout the Kingdom of Ireland by +Regal Authority, Lawfully Admitted and sworn at Skibbereen[1] in the +County of Cork and Kingdom aforesd, George Johnston, Mate, Joseph +Hall, Boatswain, William Cromie, Mariner, belonging to the good Ship +or Vessell called the _Amsterdam Post_, burthen Forty Tuns, whereof +AEneas Mackay is Master, and Voluntary made oath on the Holy Evangelist +That on the Twenty eighth Day of Octo. last they sailed with said +Vessell from the Canaries bound to Corke, and met with very bad +Weather on their Voyage; that on Thursday the Fifteenth of this Inst. +Novemb'r,[2] ab't three of the Clock in the Morning, the Weather being +very desperate, they lost their Main Boom and anchor and one third of +a Cable of[f] the Stage of Castle Haven, and all the Sails much +Damaged; and that about five of the Clock in the morning the Vessell +was stranded at Finins Cove near Castle Haven Harbour, where the +Vessell now lyes; that by the Violence of the Weather they have reason +to Suspect they have Received great Damage. Wherefore the Notary, at +the Special Instance and Request of AEneas Mackay, Master, George +Johnston, Mate, Joseph Hall, Boatswain, and Wm. Cromie, Mariner, have +Protested, as by these Presents I Do Protest against the Seas and +Winds for all Losses, Damages, Prejudices or hindrances whatsoever +known or as yet unknown which the Ship or Vessell, or the Owners, +Freighters or Insurers, or any other Person or Persons has Sustain'd +or Received or hereafter may Sustain or receive. In Testimony of which +I the Notary aforesaid have hereunto sett my Hand and Seal of Office +this Fifteenth Day of November One thousand seven hundred and Thirty +nine. + +AENEAS MACKAY. THOS. LUCAS, +GEORGE JOHNSTON. Notar. Public. +JOSEPH HALL. +WILLIAM CROMIE. + +[Footnote 1: "Skibbereen is a small market town, where the Collector, +Surveyor, and other Officers of the port of Baltimore reside", +(_i.e._, since the destruction of Baltimore by the Barbary corsairs in +1631). Ch. Smith, _Antient and Present State of the County and City of +Cork_ (Dublin, 1750), I. 280. Hence Mackay would go there to make this +declaration of damage by storm, called in maritime law a protest.] + +[Footnote 2: See doc. no. 135, note 1.] + + +_137. Extract from Capt. Mackay's Journal. November 16, 1739._[1] + +[Footnote 1: The heading which the document bears in the admiralty +court records.] + +From Yesterday at 6 in the Evening to this Morning at 8 a Clock I have +been in continual Dread by reason of some Shabby Gent'n who staid on +Board at Night and frequently seem'd to hint Concerning Money, of +which I had indeed a large quantity but pleaded Poverty to them, but +to my great Surprize at One in the Morning I found my own People +Deserting of Me and had already sent one Chest on Shore, thereupon I +immediately threatnd to Kill the first that would attempt to leave Me +in that Distress. Fear kept them Aboard. + + +_138. Certificate of Clearance. December 4, 1739._ + +PORT CORK, + +Know Ye, That Will'm Winthrop[1] enter'd on the _Amsterdam Post_ of +Amsterdam, AEneas Mackay Master, for Madera, Sixty Bar'ls Beef,[2] One +hundred and ten F'kins cont[aining] Fifty seven hundred wt Butter, +Seventy Boxes cont[aining] Thirty five hundred wt Candles, One hundred +eighty Tann'd Hides and Forty Ters[3] Pilchers. Custom paid. Witness +our Hands and Seals of Office the 4th of Decemb'r 1739. + +RICH'D FENTON, + Coll. + +WILL. DOBBIN, + Dep'y [Cudr?] and Coll'r. + +Endorsed 1739 Xbr[4] 7th Exam'd per Ben Roberts, Ld. Wt.,[5] + +Cove Dec'r 11, 1739 Exam'd per Rich'd Toler, [Scr.][6] + +[Footnote 1: Sheriff of the city of Cork in 1741, mayor in 1744. He +was descended from an uncle of Governor John Winthrop.] + +[Footnote 2: "For packing, salting, and barreling beef, this city +gives place to no other in Europe." Exports in 1743, 86951 barrels of +beef, and similar amounts of butter, hides, and tallow. It was a place +of 70,000 inhabitants, and the customs revenues were L50,000. Smith, +_Cork_, I. 412, 410, 407.] + +[Footnote 3: Tierces; the libel (doc. no. 128) says forty barrels.] + +[Footnote 4: December.] + +[Footnote 5: Landwaiter.] + +[Footnote 6: Qu. Sur., for surveyor?] + + +_139. Declarations of Sailors. 1740._ + +I Do Declare that I am a Servant to the Captain of the Sloop +_Amsterdam_ and has been about Twenty Months, and in the Mean time has +been four Voyages betwixt Canaries and Amsterdam, and the last Voyage +We went to Cork and from thence I always thought We was going to +Teneriffe, hearing all our Men Say the was Shipped for that Place, and +am willing to give my oath if occasion. As Witness my Hand + +WILLIAM YOUNGER. + +I Do Declare that I was Shipped in the City of Corke by Capt. Aeneas +Mackay in the Sloop _Amsterdam Packett_, bound to Teneriffe and from +thence if the Captain thought proper to Cork and Amsterdam, and to +receive Thirty three shillings per month Irish Money, which I will +give my oath if occasion, which I have here sett my Hand. + + his +DARBY [wavy line] SHE. + mark + +I Do declare that I was Shipt by Capt. AEneas Mackay in the Sloop +_Amsterdam_ to the Island of Teneriffe and to receive fourteen Gilders +per month. We proceed[ed] our Voyage, but before We Sailed from thence +he told us he was bound to Cork, which I consented to go with him, and +at our Departure from Corke he told us he was bound again to +Teneriffe, St. Cruize, where We came from, which if occasion I will +give my Oath and has sett my Hand. + + his mark +JOHN [X] GORDING. + + +_140. Certificate of British Consul in Madeira. March 9, 1740 +(N.S.)_[1] + +[Footnote 1: It is to be presumed that all these documents originating +in the Madeira or Canary Islands are dated according to new style.] + +These are to Certify all whom it may Concern that upon the arrival of +the Sloop _Amsterdam Post_ at this Island the Judge of the Poor +applyed to Capt. Philip Dumaresq to have her Unloaded, there being no +Salt Beef in the Place at that Time for Sale, to which the said +Dumaresq answer'd that he could not consent to it till it was first +Condemn'd by some English Admiral as good Prize, upon which the said +Judge Applyed to the officers of the Chamber at their respective +Houses and came back and told him that he should be obliged to it +whether he wou'd or no, for that the Island was in great want thereof, +and that he would give him a Certificate that they forced him to it, +but to this day the said Dumaresq has not been able to obtain it, +notwithstanding the said Judge has in my hearing several Times +promised to give it to him. + +As Witness my Hand in Funchal, Island of Madera, 9th March 1740. + +RICHARD BAKER, Consul. + + +_141. Receipt for Mediterranean Pass. May 29, 1740 (N.S.)._ + +Receiv'd from Capt. Philip Dumaresq Command[er] of the Private Man of +War Sloop _Young Eagle_, a Mediterranean Pass No. 2533,[1] Granted by +the Hono'ble the Commissioners of the Admiralty of Great Britain the +Eleventh Day of July, One thousand seven hundred and thirty eight, to +AEneas Mackay, then Master of the Sloop _Amsterdam Post_, now taken as +Prize by the abovesd Capt. Ph. Dumaresq. In Witness hereof I have +Signed two Receipts, both of this tenour and Date, in the Island of +Madera, the 29th May, 1740. + +RICHARD BAKER, Consul. + +[Footnote 1: See doc. no. 128, note 12.] + +The Claimant in Court acknowledged the Certificate signed by the +Consul touching the Delivery of the English Mediterranean Pass to him +by Capt. Dumaresq to be the proper hand writing of Richard Baker, +Esq., Consul at Madera, as also the Certificate of the Judge of the +Poor's obliging Capt. Dumaresq to Unload. + + +_142. Certificate of British-Dutch Vice-Consul in Teneriffe. April 26, +1740 (N.S.)._ + +I Certify and avouch to all Gent. whom these Present may concern, That +Don Peter Dufourd, Vice-Consul General for the French and Britannick +Nations,[1] Appeared before Me, as also Don John Delake, John +Whitefield and Don Issario Antonio Samer, Merch'ts residing in this +Port, who say that the Sloop called the _Amsterdam Packett_, whereof +Capt. Aeneas Mackay is Commander, has usually come to this Port; and +that the said Sloop arrived here under Dutch [Colours] the 27 of +October the year last past, 1739, and that the said Sloop sailed again +for Amsterdam, consigned to the Divernetts, and that the said Sloop +wore Dutch Colours, during the time she lay at anchor in this Road, +and that said Sloop Sailed and Returned on her Voyage out of this Port +under Dutch Colours; and that the said AEneas Mackay brought with him +his Dutch Clearance and Passport, and that he the said Mackay is a +Resident and Dweller in Amsterdam; and that the Cargo which he had +brought and now did bring, did actually belong to Merch'ts in Holland +Corresponding with the aforementioned Divernetts herein expressed, and +that the aforesaid Don Peter Dufourd, as Vice-Consul General, did pass +the Usual Visit of Health in the aforegoing Voyage; and that he[2] +brought his Dutch Journal, which was set down in his Book as a +Dutchman, and for this purpose he[3] holds his Vice-Consulship as well +as being Employed Vice-Consul for the Dutch; and further saith that he +the said Dufourd had been in Company with Isaac Divernett in the House +of Don Arnold Vansteinfortt,[4] Consul General for the Dutch in these +Islands, when the said AEneas Mackay shewed him his Papers, as he was +Consul for that Nation, Manifesting his being Naturalized in +Amsterdam, and for this reason he brought a Dutch Passport and Wore +Dutch Colours; the Truth of which he declares before God, no person +being able to say to the contrary, it being a Publick and known Truth, +of what has been Declared, Signed by these Presents with the aforesd +Vice Consul Gen'l and the afore mentioned Merch'ts of this Port of +Santa Crux of Teneriffe, the 26th Day of April 1740. PETER DUFOURD, +Vice Consul General, JOHN WHITEFIELD, ISSARIO ANTONIO SAMER, JOHN +DELAKE, JOSEPH VRANES [Vianes][5] of Salas, Publick Scrivener. + +[Footnote 1: And also for the Dutch Republic; see below. George Glas, +in the "Description of the Canary Islands" appended to his translation +of Juan Abreu de Galindo, _History of the Discovery and Conquest of +the Canary Islands_ (London, 1764), says that the British and Dutch +consuls were the only Protestants allowed to dwell in the islands. +Santa Cruz was the centre for the foreign trade, and the governor +resided there, on Teneriffe, though the bishop and the courts were at +Palmas, on the Grand Canary.] + +[Footnote 2: Mackay.] + +[Footnote 3: Dusourd.] + +[Footnote 4: See doc. no. 165, note 11.] + +[Footnote 5: See _ibid._] + +Compared with the Original before Me which is in my Power and office, +and this I remit as a true Copy, the Day and Year aforementioned. In +Testimony of the Truth, + +JOSEPH VRANES of Salas, + Publick Scrivener. + +We do Declare and Avouch that Joseph Vranes, who has attested this +Copy, is Publick Scrivener, and that full Faith is and ought to be +given to all his Instruments of Writing and Dispatches, both here and +abroad. Wherefore We have Signed this in Santa Crux of Teneriffe, the +29th of April, 1740. + + JOSEPH PADILLA, +JOSEPH ANTONIO SANCHES. Apostollick Notary. + FRANCISCO DELGADA. + + +_143. Sentence of Admiralty Judge. September 1, 1740._[1] + +[Footnote 1: Court proceedings here resumed, after insertion of +documents in the record.] + +Capt. Dixon, who Translated the Several Spanish Papers aforewritten, +made Oath in Court that he had Translated them according to the best +of his Skill and Judgment. + +The Court was then Adjourn'd to the 25th Curr't at 8 a Clock A.M., at +which Time it was Opened and both Parties fully heard by their +advocates, after which the Court was Adjourn'd to the Thirtieth Curr't +at 10 a Clock a.m., at which Time the Judge Decreed the Vessell and +Cargo a Lawfull Prize, and on the first of September following +delivered his Reasons for Adjudication in Open Court, which is as +follows, viz. + +I have duly Considered the Preparatory Examinations and all the Papers +and Writings which were Sworn to be found and taken in and with the +Capture (a Mediterranean Pass excepted) and also the Depositions given +in Open Court, and likewise with great Deliberation weighed the +Arguments of the Advocates, as well on the part of the Captor as on +the part of the Claimant, and it appears to Me that the Sloop Libelled +against was a British Bottom, Navigated by British Subjects, and that +the Master thereof, AEneas Mackay, on the 11th of July, 1738, had +Granted to him for said Sloop by the Right Hono'ble the Lords +Commissioners for Executing the Office of Lord High Admiral of Great +Britain a Mediterranean Pass No. 2533, which was found on board the +said Sloop at the Time of the Capture. It also appears to Me that the +said Master, on the 16th Septr., 1739, by the Name of AEneas Mackay of +London, Captain, took the usual Oath of a Porter of the City of +Amsterdam; that on the 22d of said Month the said Master before the +Magistrates and Rulers of that City made oath that the Vessell +aforesd., of which he was then Master, belonged to a House in that +Province and afterwards the said Vessell in Holland as to her +Clearing, Passport, Visiting, Taxing, etc., was Treated as a Dutch +Bottom; that on the 2d of Octobr. following the said Master hired a +Chamber in Amsterdam _for one year_, But in case no one appeared in +October following then it should be in the power of the Lessor to Lett +the same to another, and he Enter'd the Day following, and shortly +after sailed in said Vessell to Teneriffe, from whence in a few Days +he and his hands, British Subjects, and after the Proclamation of War, +with Two Passes, viz. the said Mediterranean Pass and a Dutch Pass, +sailed to Cork in the Kingdom of Ireland, having a Great quantity of +Money, as appears by his Journal; there he purchases a Loading, +Chiefly Provisions, Clears out for the Maderas, and accordingly had +one Sett of Bills of Lading for that Port, to be delivered to William +Callanach or to his assigns, who to Me appears to be a fictitious +Person, and one other Sett of Bills of Lading for said Cargo to be +Deliverd at the Port of C----[2] unto Divernett Freres, who plainly +appeard to me then to be two Merch'ts Settled Inhabit'ts at Teneriffe, +one of them since dead, the other there still Inhabiting; that on the +15th of January, 1739, the said Vessell was taken, as set forth in the +Libel, with the said Papers and the Books of Acco'ts of the said +Master, and by which acco'ts it turns out to my Satisfaction if those +two Brothers the Devernets were not solely Owners they were +Principally so. It further appears that the reason assigned by the +Master, when taken, of being so near Teneriffe and setting in for that +Port was for Water, when in Truth it's in Proof they were Letting out +their Water Secretly, and after Stopt by the Captors there was Water +for one hand more than the Crew belonging to the Sloop for three +Weeks, which carried them into Madera, and if the Say of some of the +Sailors is to be Credited they were Shipped at Corke for Teneriffe; +and all this to Demonstration Shews which of those two Setts of Bills +of Lading must be understood to be Real. It also appears in Proof, +certifyed under the hand of the British Consul at Madera (whose name +thereto subscrib'd is owned by the Claimant to be of his proper +handwriting), that the said Cargo was there by force Unloaded, by +Means Whereof not brought with the Vessell to this Port, So that in +fine here is a British Master endeavouring to Commence Dutchman, a +British Vessell with two Passes, British and Dutch, and to be +occasionally[3] either a British or Dutch Bottom Navigated by British +Subjects in time of War with Spain, Sails from Teneriffe with Money to +Cork in Ireland, there purchases a Cargo of Provisions bound directly +back to our Enemies, makes a false Clearance as if bound to Madera, +has two Setts of Bill of Lading, the One which is Real to Deliver the +Cargo at a Port part of the Dominions of a Prince in Enmity with us, +and to Persons there Inhabiting who appear to be altogether or +Principally owners, Carrying the King's Subjects to Enemies, whereby +they by Menaces or Corruption or both may be drawn from their +Allegiance, and happily is thus taken, and to have it a Question +whether it's a Lawfull Capture or not is somewhat Extraordinary, for +my part till I am better Informed from Home I shall never Ballance in +Cases so Wickedly Contrived and contrary to the Conduct of plain +Trading and Simple Honesty, But in Justice to my King and Country +always Condemn, and if this Mackay was in Court, notwithstanding all +his Subtlety and Double Dealing and his pretended Naturalization +Certifyed from Teneriffe, as in the Case, I should order him in +Custody till delivered up to the Government. Therefore on the whole I +Adjudge and Condemn the Vessell and Cargo Libelled against as a +Lawfull Prize, Entirely to belong to and be Divided between and among +the Owners of the Sloop that Seized and Took her as aforesaid, and the +several Persons which were on Board the same, in such Shares and +Proportions as were agreed on with the Owners aforesd. and the persons +thus entituled thereto by virtue of such agreement among themselves. +And as to the Objection that the Cargo is not brought in the Vessell, +the Manner of it's being forced from the Captor is Certified, and that +this Court may notwithstanding proceed to Condemnation is not only the +practice of the Court, but so known in the Kings Court, as in the +Cases the King v. Broom, Brown and Burton v. Francklyn.[4] + +ROB'T. AUCHMUTY, Judge Ad'y. + +Examd + per JOHN PAYNE, D.Reg'r. + +[Footnote 2: Santa Cruz?] + +[Footnote 3: _I.e._, according to occasion.] + +[Footnote 4: Rex _vs._ Broom or Brome is in Comberbach's _Reports_ +(1724), p. 444 (King's Bench, Trinity term, 9 Will. III.) and, more +fully, in Carthew's _Reports_ (1728), p. 398, and 12 _Modern Reports_ +135. Broom, master of a ship of the Royal African Company, captured a +French ship off the Guinea coast, sold ship and goods at Barbados, and +kept the proceeds. Franklyn, the king's proctor, exhibited a libel +against him in the High Court of Admiralty, for embezzlement of the +admiralty perquisites belonging to the king. After sentence, Broom +moved the King's Bench for a prohibition, to transfer the case to that +court, but the prohibition was refused. The case of Brown and Burton +_vs._ Franklyn (Hilary term, 10 Will. III.) was similar. Brown and +Burton were masters of two ships of the East India Company, who had +taken a rich French prize at the island of Johanna (see doc. no. 58, +note 3) and taken the goods for themselves and left the ship there, +without going to the trouble of having it properly condemned as prize. +The case is reported in Carthew, p. 474.] + + + + +THE _REVENGE_. + + +_144. Commission of Capt. Benjamin Norton as a Privateer. June 2, +1741._[1] + +[Footnote 1: Massachusetts Historical Society, in a collection of +papers, to which several of the subsequent documents belong, presented +to the society by the late Professor Charles Eliot Norton, +great-grandson of Captain Benjamin Norton. This commission, or letter +of marque, may be compared with one of 1782 (New York, loyalist), in +Anthony Stokes, _View of the Constitution of the British Colonies_, +pp. 340-347, and with the Portuguese letter of marque in doc. no. 14. +This Benjamin Norton may have been a son of the one who figures in +doc. no. 118.] + +Richard Ward Esq Governour and Commander in Chief in and over his +Majesty's Colony of Rhode Island and Providence Plantations in New +England. + +To all Persons, to whom these Presents shall come, Greeting. + +Whereas his most Sacred Majesty George the Second by the Grace of God +of Great Britain, France, and Ireland King, Defender of the Faith +etc., hath been pleased by his Declaration of the nineteenth Day of +October, in the year of our Lord One Thousand seven hundred Thirty and +nine, for the Reasons therein contained, to declare War against Spain, +And has given Orders for the granting Commissions to any of his loving +Subjects, or others that shall be deemed fitly qualified in that +Behalf, for the apprehending, seizing and taking the Ships, Vessels +and Goods belonging to Spain, or the Vassals and Subjects of the King +of Spain, or others inhabiting within any of his Countries, +Territories, and Dominions, and such other Ships, Vessels and Goods, +as are or shall be liable to Confiscation Pursuant to the respective +Treaties between his Majesty and other Princes, States and Potentates, +and to bring the same to Judgment in the High Court of Admiralty in +England, or such other Court of Admiralty as shall be lawfully +authorized for Proceedings and Adjudication, and Condemnation to be +thereupon had according to the Course of Admiralty and Laws of +Nations, + +And Whereas Benjamin Norton Mariner and John Freebody Merchant both of +Newport in the Colony aforesd. have equipped, furnished, and +victualled a Sloop called the _Revenge_ of the Burthen of about One +hundred and Fifteen Tons, whereof the said Benjamin Norton is +Commander who hath given Bond with sufficient Sureties, + +Know Ye therefore That I do by these Presents, grant Commission to, +and do license and authorize the said Benjamin Norton to set forth in +Hostile manner the said Sloop called the _Revenge_ under his own +Command, And therewith by Force of Arms (for the Space of Twelve +months from the Date hereof, If the war shall so long continue) to +apprehend, seize and take the Ships, Vessels and Goods belonging to +Spain, or the Vassals and Subjects of the King of Spain, or others +inhabiting within any of his Countries, Territories or Dominions, and +such other Ships, Vessels and Goods, as are or shall be liable to +Confiscation Pursuant to the respective Treaties between his Majesty +and other Princes, States and Potentates, and to bring the Same to +such Port as shall be most convenient, In order to have them legally +adjudged in such Court of Admiralty as shall be lawfully authorized +within his Majesty's Dominions, which being condemned, It shall and +may be lawful for the said Benjamin Norton to sell and dispose of such +Ships, Vessels and Goods so adjudged and condemned in such Sort and +manner as by the Course of Admiralty hath been accustomed (Except in +such Cases where it is otherwise directed by his Instructions[2]) +Provided always That the said Benjamin Norton keep an exact Journal of +his Proceedings, and therein particularly take notice of all Prizes +that shall be taken by Him, the Nature of such Prizes, the Times and +Places of their being taken, and the Value of Them as near as He can +judge: As also of the Station, Motion and Strength of the enemy, as +well as He or his Mariners can discover or find out by Examination of, +or Conference with any Mariners or Passengers in any Ship or Vessel by +Him taken, or by any other Ways or Means whatsoever, touching or +concerning the Enemy, or any of their Fleets, Ships, Vessels or +Parties, and of what else material in these Cases that may come to his +or their Knowledge, of All which He shall from Time to Time as He +shall have an Oportunity, transmit and give an Account unto me (or +such Commander of any of his Majesty's Ships of War as He shall first +meet with). And further Provided that nothing be done by the said +Benjamin Norton or any of his officers, mariners and Company contrary +to the true meaning of the aforesaid Instructions, But that the said +Instructions shall be by Them, as far as They or any of Them are +therein concerned, in all Particulars well and duly observed and +performed, And I do beseech and request all Kings, Princes, +Potentates, Estates and Republicks being his Majesty's Friends and +Allies, and all others to whom it shall appertain to give the said +Benjamin Norton all Aid, Assistance and Succour in their Ports, with +his said Sloop and Company and Prizes without doing, or suffering to +be done to Him any Wrong, Trouble or Hindrance, His Majesty offering +to do the like, when by Any of Them thereto desired, Requesting +likewise of All his Majesty's officers whatsoever to give Him Succour +and Assistance as Occasion shall require. + +[Footnote 2: See doc. no. 126.] + +Given under my Hand, and the Seal of said Colony, at Newport aforesaid +the Second Day of June Anno Dm. 1741, and in the Fourteenth year of +his said Majesty's Reign. + +RICHARD WARD.[3] + +[Footnote 3: Governor 1740-1743.] + +Sealed with the Seal of said Colony +by Order of His Honour the Governour + JAS. MARTIN, Secry. + +Colony of Rhode Island etc. Newport 6th November 1741 + +The above and foregoing is a true Copy of the Commission granted Capt. +Benjamin Norton for the Sloop _Revenge_ on a Cruise against the +Spaniards etc. as the Same stands recorded in my office in the Book +No. 4, Fo. 544 and 545. + +Teste JAS. MARTIN, Not. Pub. + + +_145. Journal of the Sloop Revenge. June 5-October 5, 1741._[1] + +[Footnote 1: Massachusetts Historical Society. This journal, parts of +which were Published by Professor Norton in the _Atlantic Monthly_ for +September and October, 1861 (VIII. 353-359, 417-424) was kept by Peter +Vezian, captain's quartermaster (there were two quartermasters, one +appointed by the captain and one elected by the crew).] + +A Journal of all the Transactions on Board the Sloop _Revenge_ Benja. +Norton Com'r by God's Grace and Under his Protection Bound on a +Cruising Voyage against the Spaniards Begun June the 5th, 1741. + +_Friday 5th._ This day att 4 AM. the Capt. went from Taylors Wharfe on +Board his Sloop, which lay off of Connanicut.[2] at 6 oClock, Capt. +John Freebody[3] Came off in the pinnace with Severall hands. We +directly Weighed Anchor with 40 hands, Officers Included, Bound to New +York to Gett more hands and a Doctor and some more provisions and +other Stores we stood in need off. att 8 Hastings came off in his Boat +and brought a hand with [him] John Swan by name to proceed the Voyage, +all so Mr. Saml. Freebody went ashore in the Ferry boat. att 12 hailed +the Sloop from Castle Hill.[4] Capt. Freebody went in the pinnace to +him. he delivered him the Register of all his Officers Names which he +had forgott. The Wind being Contrary was Obliged to put back again +Came to an Anchor under Connanicut att 8 PM. + +[Footnote 2: The long island lying just west of Newport, in +Narragansett Bay.] + +[Footnote 3: Of Newport, the chief owner.] + +[Footnote 4: A height at the southwestern extremity of Newport, on +which the colony had just erected a watch-tower.] + +_Saturday 6th._ Weighd from Under Connanicutt att 4 AM. with a Small +Breeze of wind. Mett severall Vessells bound to Newport and Boston. +att 7 PM. Anchored Under Block Island over against the L10000 Pear.[5] +Bought 10s. worth of Codfish for the people. + +[Footnote 5: In 1735 the Rhode Island assembly had appropriated L1200 +for building a new pier at the harbor of Block Island (_R.I. Col. +Recs._, IV. 502, 508, 512), and had not appropriated more since; but +since the progress made had not been great, the quartermaster may be +speaking in the vein of sarcastic prophecy.] + +_Sunday 7th._ About 4 AM. Weighd from Block Island mett a Conneticutt +Sloop bound to York. kept Compa. with him all that day and Night and +Munday the 8th Instant att 9 PM. Anchord in Huntington Bay.[6] + +[Footnote 6: On the north shore of Long Island.] + +_Munday 9th [8th]._ Weigh'd from Huntington Bay att 3 PM.[7] Saw the +Same Sloop who had Sail'd all the Night. att 11 Came to the white +Stone[8] fired a Gun and beat the Drum to lett them know what we was. +the Ferry boat Came off and told Us that we Cou'd not Gett hands att +York for the Sloops fitted by the Country[9] had Gott them all. att +12 Came to anchor att the 2 brothers.[10] att 4 took an Acct. of all +the provisions on Board with the Cost together with a List of all the +people on Board, as on the other Side.[10a] + +[Footnote 7: Error for 3 A.M., probably.] + +[Footnote 8: Whitestone Point, on the south side of the East River.] + +[Footnote 9: _I.e._, by the province of New York; see under June 10.] + +[Footnote 10: North Brother and South Brother islands, in the East +River, just outside of Hell Gate.] + +[Footnote 10a: See p. 384.] + +Price a hand that Came with Us from Rhode Island askt Leave to Go to +York to See his Wife. Sett a ---- Crazy fellow a shoar not thinking +him fitt to proceed that Voyage, his name Unknown to me. + +_Wednesday 10th._ This Morning about 5 AM. Capt. Freebody went up to +York in the pinnace to Gett provisions and Leave to beat about for +more hands. att 1 PM. the Pinnace Returned and brought word to the +Capt. from Mr. Freebody that he had waited on his Honour the Govr.[11] +and that he wou'd not Give him leave to beat up for Voluntiers. the +Chief Reason he Gave was that the City was thined of hands by the 2 +Country Sloops that were fitted out by the Council to Crueze after the +Spanish privateers on the Coast and that his Grace the Duke of +Newcastle had wrote him word[12] that if Admiral Vernon or Genl. +Wentworth shoud writte for more Recruits to Use his Endeavours to Gett +them, so that he could not Give Encouragem't to any privateers to take +their men away. Three of the hands that went up to York left us, Viz. +George Densey, John Holmes and William Webster. Att 4 PM. Edward +Sampford our Pilott went a shoar in a Conoe with four more hands +without Leave from the Capt. when he Came on Board again the Capt. +talkt to him and found that he was a Mutineous Quarelsome fellow so +Ordered him to bundle up his Clothes and Go a shoare for Good. he +Carryed with him 5 more hands, Viz. Duncan McKenley, Foelix Burn, John +Smith, Humphry Walters and John Taylor (poor Encouragement to Gett +hands when they leave Us so fast). After they were Gone I read the +Articles to those on Board who Readily Signed So hope we shall Lead a +peaceable Life. Remains out of the 41 hands that Came with Us from +Rhode Island, 29 hands. + +[Footnote 11: George Clarke, lieutenant-governor 1736-1743.] + +[Footnote 12: Newcastle's letter of Dec. 4, 1740, which Clarke had +received May 7, 1741. _N.Y. Col. Docs._, VI. 187. It was doubtless +similar to the letter of the same date to the governor of Rhode +Island, printed in Miss Kimball's _Correspondence of the Colonial +Governors of Rhode Island_, I. 187. Newcastle was secretary of state. +Vernon and Wentworth had already failed to capture Cartagena, but this +was not yet known in New York.] + + * * * * * + +_Account of the Provisions taken on Board the Sloop Revenge att Rhode +Island, Viz._ + +Beef 50 bb. at L7. 10 per bb. L375 +Pork 18 bb. L12 per bb. 216 +Flowr 64 bb. L8 per bb. 512 +Bread 50 C. L4 per C. 200 +Beans 10 bus. 8 +Rum 100 Gall. 10s. per Ga. 50 +Sugar 1C.2[13] L8 per C. 12 +Hogs fatt a Cagg[14] 7 + ----- + L1380 + ===== + +[Footnote 13: _I.e._, one hundred (112 lbs.) and two quarters (56 +lbs.).] + +[Footnote 14: Keg.] + +_List of People on Board the Sloop Revenge who Saild with us from +Rhode Island._ + +------------------+---------------+ + Names | Quality | +------------------+---------------+ +John Freebody | Passenger | +Benjn. Norton | Commander | +Elisha Luther | Master | +Peter Vezian | Capt. Qr. Mr. | +John Gillmore | Mate | +James Avery | Boatswain | +John Griffith | Gunner | +Edwd. Sampford | Pilott | +Robert Little | Carpenter | +Humphry Walters | Marriner | +Duncan McKinley | Do. | +James Barker | Do. | +Thos. Colson | Do. | +John Holmes | Do. | +James Ogleby | Do. | +Andrew Wharton | Do. | +Saml. Webster | Do. | +Joseph Frisle | Do. | +John Swan | Do. | +Benj. Blanchard | Mariner | +Alexr. Henry | Do. | +Jno. Brown | Do. | +James Mackon | Do. | +Timothy Northwood | Do. | +George Densey | Do. | +John Smith | Do. | +Gideon Potter | Do. | +John Bennett | Do. | +John Taylor | Do. | +Foelix Burn | Do. | +Joseph Ferrow | Do. | +William Austin | Do. | +William Frisle | Do. | +William Higgins | Do. | +John Wright | Do. | +Richard Norton | Capt. Negro | +Edward Almy | Cook | +Saml. Kerby | Mate Negro | +Danl. Walker | Negro | +------------------+---------------+ + + * * * * * + +_Thursday 11th._ Att 6 AM. I went to York by Order of the Capt. to +wait on Capt. Freebody. he wrote to Our Capt. to know if he thought +proper to Come to York or Return back again thro the Narrows. he left +it Intirely with him to determine. Returned about 2 PM. brought some +fresh provisions on board. + +_Friday 12._ Went to York with a Letter from the Capt. to Mr. Freebody +who Ordered the Vessell up to York. Three of Our hands left me to See +some Negroes burnt, Viz. Joseph Ferrow, John Wright and Benjn. +Blanchard.[15] took a pilott in to bring the Vessell up and so +Returned on board att 3 PM. + +[Footnote 15: The _Revenge_ arrived at New York at the very height of +the trials for the "Negro Conspiracy", for which, after extraordinary +public excitement, thirteen negroes were burned at the stake, eighteen +hanged, and seventy transported. On this day, June 12, the three white +principals, John Hughson, his wife, and Margaret Kerry, were hanged, +and three negroes, Albany, Curacao Dick, and Francis, were burned. +Daniel Horsmanden, _Journal of the Proceedings in the Detection_, etc. +(New York, 1744).] + +_Saturday 13._ Att 5 AM. weighd from the 2 Brothers and went to York +att 7. Anchor'd off the Town. Saluted it with 7 Guns. Shipt 7 hands to +proceed the voyage, Viz. Geo. Benson, Indian, George Tallady, Jackson, +McKenney, Marshall. + +_Sunday 14th._ Between 6 and 7 AM. Came in a Brigt. from Aberdeen with +40 Servants[16] but brings no News. Shipt a hand Woodell by Name. + +[Footnote 16: Indented servants.] + +_Munday 15._ Nothing Remarkable these 24 hours. + +_Tuesday 16._ Sent the pinnace a Shoar and brought off 6 bb. of Beef. + +_Wednesday 17._ Att 10 AM. the Pilott Came on board weighd Anchor and +fell down to the Narrows between Stratton Island[17] and Long Island. +Att 3 PM. went up to York and brought down with me 3 hands, Ralph +Gouch, John Taylor and Andrew Fielding. + +[Footnote 17: Staten.] + +_Thusday 18th._ Att 11 AM. Our Pilott Came on Board with 4 of Our Men +that had Left us when the Capt. Turned Edward Sampford a Shoar, George +Densey, Foelix Burn, Duncan McKenley and John Holmes, who promised +faithfully to proceed the Voyage. Att 2 PM. the Capt. Ordered Our +Gunner to deliver Arms to them that had none. 25 hands fitted +themselves. Great fireing att Our Buoy Supposing him a Spaniard. I +hope to God that their Courage may be as Good if Ever they meet with +any. + +_Friday 19th._ Came in a Brigt. from Ireland Capt. Long with +passengers but brings no Strange News. Went to York. Shipt 2 hands, M. +Dame and Jackson. + +_Saturday 20th._ Att 10 AM. Came in the _Squirill_ Man of Warr Capt. +Warren Come from Jamaica[18] who Inform'd us that Amiral Vernon had +taken all the Forts att Carthagena Except one and the Town. We Saluted +him with 3 Guns having no more Loaded. he Return'd us one. We Gave +three Chears which was Returned by the Ship. he further told the Capt. +that if he wou'd Come up to York he'd put him in a Route which wou'd +be of Service to his Voyage. Att 3 PM. Came on Board Capt. Wright to +demand his Servant Andw. Fielding, which he had Seen. The Master went +up to York to Gett some hands that had promist to Come away by night +and Carry'd With him Andw. Fielding. + +[Footnote 18: The _Squirrel_ had gone down to Jamaica with +reinforcements. _N.Y. Col. Docs._, VI. 170. The news brought was +unduly favorable, as the event proved. Captain Warren, afterward +Vice-Adm. Sir Peter Warren, commanded in 1745 all the naval forces +that took part in the reduction of Louisbourg. He was a brother-in-law +of Chief-justice James DeLancey, and uncle of Sir John Johnson.] + +_Sunday 21._ About 4 AM. The Master Came on board who had been att +York to Gett hands but mett with no Success, farr from it for he +Carry'd 4 hands with him but brought back but two. + +_Munday 22d._ The Capt. went up to York to wait on Capt. Warren who +was as Good as his Word. Att 4 Came on Board again and brought 2 bb. +of beef and a fresh hand, Quinton Somerwood. Att 9 PM. hailed a Sloop +that Came from the Jerseys, Bennett Mast., On Board of w'ch was Capt. +Potter of Rhode Island.[19] + +[Footnote 19: Presumably Simeon Potter of Bristol, a noted +sea-captain; on him and the _Prince Charles of Lorraine_, see docs. +no. 176 and no. 177.] + +_Tuesday 23d._ Wrote a Letter by the Capt. Order to Mr. Gidley to Gett +Davison to mate with us. Our Capt. went to York to Carry it to Capt. +Potter. Att 3 PM. Came in a Sloop from Jamaica 20 days passage who +Informs us that Admiral Vernon's Fleet was fitting out for Cuba. I +wish them more Success than what they Gott against Carthagena, For by +all Report they Gott more blows than Honour. Att 4 PM. the Capt. +Returned and brought a hand with him John Waters Clerk of a Dutch +Church. + +_Wednesday 24th._ About 10 AM. The pilott Came on Board with a Message +from Capt. Freebody who was Return'd from Long Island to Agree with a +Doctor that had Offered to Go with Us. Att 1 PM. Came in a Sloop from +Jamaica a prize of Capt. Warren which had been taken by the Spaniards +formerly she belong'd to Providence but Re-taken by the _Squirell_. +Att 6 PM. Mr. Stone and the Doctor Came on Board to see the Capt. but +he being att York they Returned to See there. + +_Thursday 25th._ Nothing Remarkable the fore part of the day but +Quarrelling not worth mentioning. Att 1 PM. a Sloop Came in from +Jamaica and brings for News that he Spoke with an English Man of Warr +att Port Morant,[20] who told him that a fresh Warr was dayly +Expected, also that the Bay was Intirely Cut off by the Spaniards. Att +4 PM. the Capt. Came on board and brought a Chest with 19 small Arms. +att 5 Mr. Stone Came on Board and Signd the Articles as Lieut. No +Doctor as yett for he that the Capt. went to Agree with was a Drunkard +and an Extortioner so we are better without him than with him. + +[Footnote 20: Port Morant is a port on the southeast side of Jamaica. +"The Bay" means the Bay of Honduras.] + +_Friday 26th._ The most Remarkablest day this Great while, all peace +and Quietness. Three Ships Came down the Narrows, one bound to London, +another bound to Newfoundland and the third to Ireland. Severall Small +Craft Going too and thro. + +_Saturday 27th._ This morning about 10 the Capt. went to York to take +his Leave of Capt. Freebody who was Going to Rhode Island. Att 2 PM. +Came on board and brought with him 2 bb. of pork. att 3 Came in a +Privateer from Barmudas, Capt. Love, who Came here for Provisions for +him and his Consort who waited for him there. This day we heard that +the two Country Sloops were Expected in by Wednesday next. Lord send +it, for we only wait for them in hopes of Getting a Doctor and some +more hands to make up Our Complement. Opened one of the bbs. of pork +last brot. on board and it Stunk. headed it up again and Opened a bb. +of beef which when Expended will make 8-1/2 bb. of beef Since we left +Newport. + +_Sunday 28._ Att 5 AM. Ship saild down the Hook.[21] nothing Material +Only we heard that Edward Sampford the Pilott whom the Capt. had sett +ashoare att the two Brothers dyed on Board the _Humming Bird_ +Privateer of the P-X. Opened a bb. of bread w'ch makes 11 Since we +left Rhode Island. The Capt. gave the people a pale of punch. + +[Footnote 21: _I.e._, past Sandy Hook.] + +_Mundy 29th._ About 4 AM. the Lieut. Came on Board with 4 hands who +had promist to Sign but being drunk they put it off till next day. one +of the 4 Signed John Ryant. The Master went up to York and brought the +bb. of pork that Stank. Att 4 PM. he Returned and brought with him 6 +bb. of pork. + +_Tuesday 30th._ Att 5 AM. Came in a Sloop from St. Thomas, Edw. Somers +Mas'r, but brings no News. the Mas'r went up to York and brought down +with him 5 bb. of beef. S'r Richard[22] Gott fowl of some of Our hands +which made them Quarelsome but Sleep overcame the Knight so all was +Quiet. + +[Footnote 22: An analogous expression to "John Barleycorn."] + +_Wednesday July 1st._ Scraped Our Mast, Gave it a Coat of Sluch. the +people went a Shoar to Wood and Water. Hevy Foggy Weather. No Doctor +as yet. + +_Thursday 2d._ These 24 hours Foggy Weather. the Capt. went up to York +with Seven hands, Three of which left, Viz. Northwood, Colson and +Taylor. about 11 AM. a Sloop Came in from Newfoundland, brings no +News, also another Sloop from Bermudas. + +_Friday 3d._ Att 5 AM. We perceived the three hands that had left Us +the day before on Board the _Humming Bird_ privateer who had been +Inticed by some of the Owners to leave Us by making of them drunk. +About 10 We saw their Canoe Going a shoare with Our hands in her also +Joseph Ferrow, whom we had brought from Rhode Island and had since +rec'd Clothes on Board, but had Entered on board that Sloop as +Boatswain. As Soon as they had done Watering and Returning aboard we +Mann'd Our pinnace and boarded their Canoe and took Our three hands +out of her, also Joseph Ferrow and brought them aboard. Some time +after, the _Humming Bird's_ Canoe Coming alonside, Ferrow Jumpt in her +and they put off Our pinnace being hawld up in the tackles. We +immediately Lett her down but Severall Raw hands Jumping in her and +unfortunately the plug being Out she almost filled with Water, which +Caused such Confusion that the Canoe Gott on Board before we Gott from +our Side. Our hands went on Board to demand him but they Gott all +their Arms and wou'd not Suffer us to board them. The Capt. when they +Returned wou'd not Suffer them to Return with their Arms to take them +out for fear of some Accident. Att 4 PM. the Capt. of the Little +Privateer Came on Board of Us to know the Reason of the disturbance +between his people and Ours. Our Capt. told him the Reason and forbid +him to Carry that fellow away, for if he did he might Chance to hear +of him in the West Indies and if he did hee'd Go 100 Leagues to meet +him and hee'd take ten for one and Murroone[23] his Voyage and Send +him home to his Owners and Give his people a Good dressing, (I dont +doubt but he'll be as Good as his Word.) Opened a bb. of bread. +Thunder and Lightning with a Great deal of Rain. + +[Footnote 23: Maroon.] + +_Saturday 4th._ This morning about 5 AM. Came in a Ship from Marble +Head[24] who was bound to So. Carolina. she had lost her Main Mast, +Mizen Mast and fore top Mast. In the Latitude 35 deg. she mett with a hard +Gale of Wind which Caused this dissaster so was obliged to put back +and Came to New York to Refitt. About 11 Clock the _Humming Bird_ +weighd Anchor for Philadelphia to Gett hands. Att 4 PM. the Lieut. +with 2 Sergeants belonging to Capt. Riggs Comp.[25] Came on Board to +look for some Soldiers that was Suspected to be on board the _Humming +Bird_ but the Wind and Tide proving Contrary was obliged to return, +she laying att Coney Island. Att 6 Came in a Ship from Lisbon, had 7 +weeks passage and a Sloop from Turks Island both Loaded with Salt. The +Ship Appearing to be a Lofty Vessell put Our people in a panetick fear +taking her for a 70 Gun Ship, And as we had severall deserters from +the Men a War they desired the Capt. to hoist a V reef in the Jack and +Lower Our penant for a Signal for Our pinnace that was then a shoare, +That if she proved to be a Man of War they might Gett ashoar and Gett +Clear from the press.[26] But it proved Quit the Contrary, for the +Ship and Sloops Crew taking Us by the Signal that we had made for Our +pinnace for a Tender of a Man of War that was Laying there to press +hands they Quited their Vessells and Run a Shoare as soon as they Saw +Our pinnace Mann'd and made for the bushes. Att night the Capt. Gave +the people a pale of punch to Recover them of their fright. Thunder +and lightning all this day. + +[Footnote 24: Marblehead, Mass.] + +[Footnote 25: Richard Riggs, brother-in-law of John Watts, was captain +of one of the two independent companies of fusiliers stationed at New +York.] + +[Footnote 26: Press-gang.] + +_Sunday 5th._ Att 5 AM. Shipt a hand Mathias Sallam. Our Mate went a +Shoar to fill Water. he Came on board about 8 and Informed us that the +two Country Sloops lay att the Hook and only waited for a pilott to +bring them up, which hope will prove True, being all Tyred of Staying +here. Att 2 PM. Weighd Anchor and Gott nearer in Shoar to Gett out of +the Current. Rainy Squally Windy Weather. here Lyes a Brigt. bound to +Newfoundland, a Ship to Jamaica and a Sloop which att 6 PM. weigh'd +Anchor bound to Barbadoes, Loaded with Lumber and horses. Opened a +bb. of beef and 1 tierce of Bread. This day being a Month Since we +left Our Commission port, have Sett down what Quantity of provisions +Expended, with the provisions att broch,[27] Viz. 9-1/2 bb. of beef, 1 +bb. of pork, 14 bb. of Bread. Remains 49-1/2 bb. of beef, 29 bb. of +pork, 40 C. of bread. + +[Footnote 27: "At broach" means, that had been opened.] + +_Munday 6th._ About 6 AM. Came in the two Country Sloops so long +Waited for. they had been fitted out to Cruise after a Spanish +Privateer that was Cruising on the Coast and had taken Severall of Our +English Vessells, also a Ship from Newfoundland and the _Huming bird_ +Privateer who had been to meet them to Gett some hands. Capt. Langoe +Comm'r of one of the above Sloops when he Came a longside of Us he +Gave us three Chears and we Returned him the same. The Capt. went up +to York to Gett a Doctor and some hands. One promist him to Give an +Answer the next day. Att 10 a hand Came on board to List but [went] +away without Signing. he promist to Return again his name was John +Webb. + +_Tuesday 7th._ This morning the Capt. went up to York and at last +Agreed with a Doctor that belong'd to Capt. Cunningham,[28] Com'r of +one of the Privateer's Sloop that Came in the day before. his Name is +William Blake, a young Gentleman well Recomended by the Gen'n of York. +Att 6 PM. the Capt. Returned on board and brought with him a Chest of +Medicines, a Doctor's Box which Cost L20 York Cur[renc]y,[29] also 10 +Pistolls and Cutlasses. + +[Footnote 28: George Cunningham, whose commission was ordered May 8, +1741.] + +[Footnote 29: The currencies of the different colonies were in great +confusion, on account of the various and extensive issues of paper +money, which was greatly depreciated in value. Apparently a pound in +New York currency was in 1741 worth about 2.25 Mexican silver dollars, +a pound in Rhode Island currency about .85 of a dollar. Douglass, +_Summary_ (Boston, 1749, 1750), I. 494, II. 255; Potter and Rider, +_Some Account of the Bills of Credit or Paper Money of Rhode Island_, +pp. 55, 162.] + +_Wednesday 8th._ Cloudy Rainy Weather. The Mate went a shoar to fill +Water and the Mas'r when the Mate Returned went to Gett Wood. Gave the +people a pale of punch. Opened a bb. of Beef and a bb. of bread. + +_Thursday 9th._ This morning put Our Vessell on the Carreen, Scrub +her and Gave her Boot tops.[30] Att 4 PM. Our pilott Came on Board. +the Capt. Orderd him to Attend on Saturday Morning for then he +intended to Sail. Gave the people a pale of punch. + +[Footnote 30: After careening a vessel, and scrubbing off the ooze and +shells, etc., it was customary to coat the bottom with a mixture of +tallow, sulphur, etc. This was called "giving her boot-tops."] + +_Friday 10th._ Att 9 AM. the Mas'r went in the Pinnace to York to +fetch the Lieut. and Doctors things. Att 2 PM. Came in 2 Sloops, Edwd. +Seymore and John Pasco, in Comp'y with a Brigt., James Walker Com'r, +all from Antigua 13 days passage but brings no News. Att 9 AM. Came on +Board the Mas'r with 4 New hands, John Webb, Jerem'h Henderson, +William Ramsey and Jos. the Negro Servant to the Lieut. + +_Saturday 11._ About 8 AM. Mr. Vandam[31] Came on Board to take his +Leave of the Capt. he brought with him 2 pistolls and an Acct. of the +Doctors Chest and other things found for him which Amounts to L38.2.1 +New York Currency,[32] which is Carry to Acct. Att 10 the Lieut. and +Doctor Came on board in the pilott boat with the hands that had Left +Us Since we Were at York only 3 which Viz. Webster, Price and Ferrows. +The tide being Spent cou'd not Sail but Resolv'd to Sail the next day. +The Lieut. went a Shoar to Gett some hands that had promist to Come on +board when we were Ready to Sail. When Mr. Vandam went from the Side +we Gave him three Guns and three Chears. Opened a bb. of Beef. Gave +the people A Bowl of punch. + +[Footnote 31: This was probably Isaac van Dam, merchant, son of +President Rip van Dam. "Henderson," above, means Harriman.] + +[Footnote 32: See the account below, and notes 29 and 33.] + +_Sunday 12th._ The Lieut. with Severall hands that went ashoar the +Night before Came on board with Our Pilott. The Tide being almost +Spent coud not Sail. Att 4 PM. the Comp. Chose their Qr. Mr. Duncan +McKenley, a fitt person for that post. He wetted his Commission by +Giving the people a tub of punch. Opened 1 tierce of bread. + +_Munday 13th._ Weigh'd from Stratton Island with 61 hands, Officers +Included. Anchord about 2 PM. att Sandy Hook. Wrote to Capt. Freebody +by the Capt. Order. Sent him a List of Our hands and an Acct. of Our +provisions and Charges together with the Lieut. name to Gett it +Registred in the Admiralty Office att Rhode Island. the Comp. QMr. +Quartered the people to the Guns, Viz. Qr. Deck and its Opposite 3 +men, and to Every one and its opposite of the Deck Guns 4 hands. Gave +the Qr. Mas'r. an Acct. of the Charges which is to be paid by the +Comp'y as it is thus Stated Underneath, Viz. + +_Drs._ _Sloop Revenge and Comp'y to the Owners_ _Cr._ +-------------------------------+------------+----------------+------ +Taken in Att Rhode Island | | /| + 50 bb. of Beef 7.10 | L375 | / | + 18 bb. of pork 12. | 216 | / | + 64 bb. of flour 8. | 512 | / | + 10 bu. of Beans | 8 | / | + 100 Gal. of Rum at 10s. | 50 | / | + 1 C. 2 Qr. Sug'r L8 per C. | 12 | / | + A Cag of hogs fatt | 7 | / | + 50 C. of bread at 4 per C. | 200 | / | + | ----- | / | + | L1380 | / | + | | / | +Taken in At New York | | / | + 8 bb. of Beef 7.10 | 60 | / | + 12 bb. of pork 12. | 144 | / | +A Doctors Chest and Medicines | | By the foot of | + first Cost New York | | this Acct. to | + Cur'y 38.2.1 | | be carryed to | +Advance 200 per C. 76.4.2[33] | 114.6.3 | Acct. Cur't to | + | --------- | be paid by the | + Total | L1698.6.3 | Sloops Comp'y | L1698.6.3 +----------------------------------------------------------------------- + +[Footnote 33: By a rough calculation (see note 29) Quartermaster +Vezian trebles the amount in New York currency to reduce it to that of +Rhode Island.] + +_Tuesday 14th._ Weighed about 2 PM. from the Hook with the wind att +WSW with a fresh Gale and by Gods Leave and Under his protection bound +on Our Cruize against the proud Dons the Spaniards. the Capt. Ordered +the people a pale of punch to drink to a Good Voyage. Opened a bb. of +beef and tierce of Bread. the people was put to Allowance for the 1st +time, one lb. of Beef per man a day and 7 lb. of bread per week. + +_Wednesday 15._ Att 3 PM. Sett our Shrouds up.[34] a Great Swelling +Sea. about 5 AM. Saw a Sail under Our Lee Bow about a League Dist. all +hands was Called upon Deck and Gott Ready to Receive her had she been +an Enemy. We fired one of our Bow Chases and brot. him too. she was a +Sloop from Nantuckett, Russell Mas'r. he said he had mett nothing +Since he had been out which was 11 days. Our people Returnd to their +Statu Quo, being all peacable Since they have Gott a Qr.Mr. to +Controul them. As they were all musterd, them that [had] no Arms they +Receiv'd some from the Owners, the Acct. of which is on the other Side +with an Acct. of how many shares on board and what the Owners draw. + +[Footnote 34: Tightened them up.] + +_List of the Men of the people On Board the Revenge._ + +_Names_ _Quality_ _Shares_ + +Benjn. Norton Com'r. 2-1/2 +Wm. Stone Lieut. 1-1/2 +Elisha Luther Mas'r. 1-1/2 +Peter Vezian Capt. Qr. Mr. 1-1/4 +Wm. Blake Doctor 1-1/2 +John Gillmore Mate 1-1/4 +James Avery Boatswain 1-1/4 +John Griffith Gunner 1-1/4 +Robert Little Capt. 1-1/4 +Duncan McKenley Co. Qmr.[35] 1 +James Ogleby G. Mate[36] 1 +John Waters Sailor 1 +James Barker Do. 1 +Alexr. Henry Do. 1 +Willm. Higgins Do. 1 +John Vander Hiden Do. 1 +Foelix Burn Do. 1 +Edwd. Webster Do. 1 +Tulip May Do. 1 +Jeremiah Harman Do. 1 +John Webb Do. 1 +Richd. Norton Drumer 1 +Ned Almy Cook 1 +John Holmes Sailor 3/4 +Gideon Potter Do. 3/4 +Thos. Colson Do. 3/4 +Benjn. Blanchey Do. 3/4 +Willm. Jackson Do. 3/4 +Barney M'Keneys Do. 3/4 +Joseph Frisle Do. 3/4 +Joseph Marshall Sailor 3/4 +Wm. Frisle Do. 3/4 +Timy. Northwood Do. 3/4 +Andrew Wharton Do. 3/4 +Evan Morgan Do. 3/4 +Saml. Kerby Do. 3/4 +John Brown Do. 3/4 +John Smith Do. 3/4 +James Magown Do. 3/4 +John Swan Do. 3/4 +Wm. Austin Do. 3/4 +John Wright Do. 3/4 +John Bennett Do. 3/4 +George Densey Do. 3/4 +Ephraim Read Do. 3/4 +John Taylor Do. 3/4 +Ralph Gouch Do. 3/4 +Peter McKickings Do. 3/4 +Humphry Walters Do. 3/4 +Quinton Sommerwood Do. 3/4 +Mattias Sollam Do. 3/4 +Flora Burn Do. 3/4 +Saml. Henderson Do. 3/4 +William Ramsey Do. 3/4 +Thos. Grigg Do. 3/4 +John Wyld Do. 3/4 +Saml. Bourdett Do. 3/4 +James Welch Do. 3/4 +John Gregory Do. 3/4 +Danl. Walker Cook-Mate 3/4 + ------ + 55 + ------ + +[Footnote 35: Company's quartermaster.] + +[Footnote 36: Gunner's mate.] + +Sum totall of the Shares[37] + +Officers draws 13-1/4 +Men that have fitted themselves 14 +Those fitted by the Owners 27-3/4 +Owners for fitting Men 9-1/4 +Sloop 14 + ------ + Totall 78-1/4 + ------ + +[Footnote 37: Of 78-1/4 shares, the nine officers were entitled to the +shares ("draws") indicated against their names above; fourteen sailors +who had "found" themselves are listed, as entitled to one share each; +thirty-seven others, outfitted by the owners, are assigned +three-fourths of a share each, the other fourths going to the +outfitters; fourteen shares were to go to the same, as owners of the +sloop. The prize act of 13 Geo. II. ch. 4 (1739), passed at the +beginning of this war, had provided that prizes captured by privateers +should after condemnation go entirely to the owners and officers and +crew of the privateer, in such proportions as should be specified in +their articles of agreement (see, _e.g._, doc. no. 202).] + +The Lieuts. Man draws att the discretion of the Compy. The Compy. +devided in 7 Messes Viz. + +Captain's Mess 7 Men +1 Mess 10 +2 do. 11 +3 do. 10 +4 do. 10 +5 do. 10 +Cooks do. 3 + ---- 61 hands. + +_Thursday 16th._ These 24 hours very small breezes of wind and fair +Weather. att 6 PM. saw a top sail Vessell standing to Westward. The +Master per his Accot. finds that he is distant from York 238 miles. + +_Friday 17th._ Very moderate Weather. The Capt. Lett the People have +Ozenbrigs[38] to make Frocks and trowsers as per Acct. Underwritten. +Alexr. Henry and James Magown Gave their Notes to the Capt. for L5 +Cash they had of him when att Rhode Island. + +[Footnote 38: Osnaburgs, a kind of coarse linen made originally at +Osnabrueck in North Germany.] + + +_Sundry Acc'ts to the Owner of the Revenge Dr. L37.5.6._ + +For Ozenbrigs, 165 yds., at 4s.6 per yd. + +Gideon Potter 6 yds. at 4s.6 L1. 7 +Wm. Austin 3 13.6 +Duncan McKenley 7 1.11.6 +Wm. Frisle 6 1. 7. +Danl. Walker 5 1. 2.6 +Thos. Colson 6 1. 7. +Jos. Frisle 6 1. 7. +Jams. Avery 6 1. 7. +John Holmes 6 1. 7. +James Barker 2-1/2 11.3 +Quinton Somerwood 6 1. 7. +Saml. Kirby 6 1. 7. +John Wright. This Charged + to the Compy. 6 1. 7. +Benjn. Blanchy 6 1. 7. +Andw. Wharton 6 1. 7. +Jos. Marshall 6 1. 7. +John Smith 6 1. 7. +Peter McKeneys 6 1. 7. +Evan Morgon 6 1. 7. +John Brown 6 1. 7. +Mathias Sollen 2-1/2 11.3 +James Ogleby 6 1. 7. +John Vander Hiden 5 1. 2.6 +John Swan 6 1. 7. +George Dencey 6 1. 7. +Barney McKeneys 6 1. 7. +John Griffith 3 13.6 +Ralph Gouch 6 1. 7. +John Taylor 6 1. 7. +The Cabbin 5 1. 5.6 + ------- L37.5.6 + ------- +Sundrys, Dr. to the Owners for Cash, L14.10. + +To Alexr. Henry L5. Benjn. Blanchey L0.18. +To James Magown 5. Saml. Kerby 3.12. + 10. + ---- ------- ------- + L10. 14.10. + +_Saturday 18th._ Calm Weather. saw a Sail standing to the Westward. +Opened a bb. of Pork and Served the people 7 lb. per Mess. the +people had a pale of punch to drink their Wives and Sweethearts. the +Capt. took 5 yds. of Ozenbrigs for the Use of the Cabbin. Latitude per +Obs'n of the Mas'r 35:12. + +_Sunday 19th._ Moderate Weather but Contrary Wind. Saw a top Sail +Vessell and a Sloop. bore down upon her but it Coming Calm coud not +Speak with her. Opened a bb. of Beef. + +_Munday 20th._ Still Contrary Light breezes of wind. Saw the Sloop and +Brig about 5 PM. the Comp'y Qr. Masr. went down the Hole to head up +the bb. of beef that had been Opened the day before not being Sweet. +had the misfortune to fall in the Kettle and Scawlded his [_sic_] +prodigiously. Opened another bb. of beef in lieu of the former. began +to Caulk Our Decks being very Leakey. + +_Tuesday 21._ Served the people three days allowance of bread. att 6 +AM. the Capt. perceived that the Mast was Sprung. he blamed the Mate +and was very Angry with him and said it was his Neglect by Carrying +too much Sail the Night we left the Hook having then a Large Sea and +much Wind. made all things Ready to fish him.[39] Opened a tierce of +bread. + +[Footnote 39: To fish a mast is to strengthen it by fastening a piece +along it lengthwise.] + +_Wednesday 22d._ Fish Our Mast and made him as Strong as Ever. nothing +more Materiall these 24 hours. Still Calm Weather. + +_Thursday 23d._ Struck our top-mast it being too heavy for Our mast +that was Sprung. Opened a tierce of bread and Served the people three +days allowance. + +_Friday 24th._ Opened a bb. of beef. Rainy Squaly Weather. the Masr. +per his Observation finds that we are in the Latitude 32:35. + +_Saturday 25th._ Small breezes of Wind for the most part of these 24 +hours with Some Rain. the people had a pale of punch att night. + +_Sunday 26._ Served the people 3 days allowance of bread. Calm +Weather. + +_Munday 27th._ The Weather as above. nothing Remarkable Only Caught +two Dolphins out of a Great Scowl.[40] + +[Footnote 40: School.] + +_Tuesday 28th._ About 5 AM. Spyed a Sail Under Our Lee Bow. Bore down +on her and when in Gun Shott fired one of Our Bow Chase. she +Imediately Lowered all her Sails and went a Stern of Us. We Ordered +the Mas'r to send his Boat a Board which he did and Came with one +hand. Upon Examination We found that she was a Sloop belonging to some +of the Subjects of his Britanick Majestys and was taken by a Spanish +privateer bound out of St. Augustine to Cruize to the Northward to +Gett provisions. she had taken this Sloop off of Obricok[41] near No. +Carolina and when taken by Us was in the Latitude 31.59 no. Longitude +73.6 W. The Master when he Came a Board brought three Spanish papers +which he declared to be one a copy of his Commission, the 2d. +Instructions what Signal to make when arrived att St. Augustine where +she was bound to be Condemned and the 3d. Spanish paper was to lett +him know what Rout he was to Steer. We Sent Our Lieut. aboard who said +she was Loaded with Pork, Beans, Tarr, Live Hoggs, etc. and a Horse +and had on Board 2 Englishmen, The Mas'r who is a frenchman born but +turned Spaniard, 3 Spaniard Slaves and one Negro. Upon Examination +John Everigin,[41a] one of the prisoners, declared that he had been +taken some time in April last by Don Pedro Estrado[42] Capt. of the +Privateer that had taken this Sloop, and that he forced him to +List[43] with them and to pilott their Vessell on the Coast of N. +Carolina and that then they took this Sloop att Obricock, July 5th, +also 2 more Sloops and a Ship Loaded with Lumber bound to So. +Carolina, that the Capt. of the privateer put him on Board with the +french Master to Navigate the Vessell to Augustine with another +Englishman, Saml. Elderedge, and that they were making the best of +their way to that place. We Sent Our Master on board to fetch all the +papers and bring the prisoners as above mentioned. the papers are as +follows with some other things brought on board, Viz. + +[Footnote 41: Ocracoke Inlet.] + +[Footnote 41a: See note 62, below.] + +[Footnote 42: Don Pedro de Estrada is mentioned as an exceptionally +able privateering captain, in 1742, by the captain-general of Cuba and +by the chief engineer at St. Augustine. _Collections_ of the Georgia +Historical Society, VII., pt. 3, pp. 29, 59, 61-63. Wright, +_Oglethorpe_, p. 283, speaks of his vessel as "a notorious privateer +called the 'Black Sloop', commanded by Destrade, a French officer who +had taken several prizes."] + +[Footnote 43: Enlist.] + +No. 1. Copy of the Spanish Commission. + 2. Instructions what Signall to Make att St. Aug'ne. + 3. What Rout to Steer. + 4. 2 Spanish Letters. + 5. On Order of Richd. Saunderson. + 6. Rec'd of Rich'd Glover. + 7. do. of Walter Goodmans. + 8. do. of Phillip Morris. + 9. Order of Jno. Donavan. + 10. Peter Saunders Note of hand. + 11. Deed of Sale of the _Content_ to Thos. Haddaway. + 12. A Note of hand. + 13. Recd. of Rich'd Glover. + 14. Deed of Sale of a Canoe. + 15. Deputation of John Casey to Capt. St. Leidgen to be Rainger. + 16. A Note of hand. + 17. James Addison, Order. + 18. Rec'd for a Hatt. + 19. Deed of Sale of the Scho'r _Eliz'h_. + 20. Protest[44] of a Wreck. + 20 small pieces of silver Value 2 pc. of 8/8[45] and 1/2 a bitt. + 1 Silver Thimble. 1 Silver Spoon markt IO + SO + 4 Hoggs. A Womans Gown, petticoat, Shift, etc. + 1 Turkey. Linen Corsett, some fish hooks, tobacco, + Books, horn of powder, etc. + +[Footnote 44: See doc. no. 136.] + +[Footnote 45: Pieces of eight (_i.e._, eight reals), Spanish dollars. +A bit was a real.] + +Att 11 AM. Sent Jeremiah Harman and John Webb with four hands to take +Care of the prize, the first to be Mas'r and the other Mate, and +Humphry Walters, Saml. Bourdett, John Wyld and the Negro taken in the +prize as Marriners. The Capt. gave them, Mas'r and Mate, the following +Orders. Viz. + + On Board the _Revenge_ July 20th, 1741. + + You Jeremiah Harman being Appointed Mas'r and You John Webb + Mate of a Sloop taken by a Spanish Privateer some time ago + belonging to some of the Subjects of his Britanick Majesty + and Retaken by me by Virtue of a Commission Granted to me By + the Hon'ble Richard Ward Esqr. Govr. in Chief over Rhode + Island and providence plantation etc. In New England. I Order + that You keep Company with my Sloop the _Revenge_ as long as + Weather will permit and if by the providence of God, that by + Stormy Weather or some unforeseen Accident we should part, I + then Order You to proceed directly to the Island of + providence, One of the Bahamia Islands, and there to wait my + Arrivall, And not to Embezzle diminish Waste Sell or Unload + any part of her Cargo till I am there present, Under the + penalty of the Articles Already Signed by You. Att Your + Arrivall att providence make a Just Report to his Hon'r the + Gov'r of that place of the Sloop's Cargo and what on Board + and how we Came by her. I am + + Yrs. + + B. NORTON + + To Jeremiah Harman Mas'r + and John Webb Mate. + For Signal hoist Your Dutch Jack att mast head. + if we hoist first You Answer Us and do not + keep it up Long. + +_Wednesday 29th._ About 4 PM. Saw a Sloop. Gave Chase but the Weather +being Calm was forced to Gett out Our Oars. fired our Bow Chase to +bring her too, but we tacking about and the people in Confusion, Night +Coming on, it being very Foggy, Coud not Speak to her. by her Course +she was bound to the Northw'd. Lost Sight of Our prize. The two +Englishman that were taken prisoners By the Spanish privateer Signed +Our Articles, their Names John Evergin and Sam'l Elderidge. + +_Thursday 30th._ Nothing Remarkable these 24 hours. Att 5 AM. Saw a +Sloop standing to the Northward and another a Stern of Us. bore down +to the Latter and made Our Signal agreed on. found her to be Our +prize. Opened a bb. of beef and 1 tierce of bread. the two Men that +had signed the day before had Arms Given them. + +_Friday 31t._ Calm weather these 24 hours. Our prize Sent his boat on +board of Us for bread and Water. Killed the other 2 hogs we had taken +on board. drew 2 Copys of the Capt's. Commission. + +_Saturday Aug'st 1st._ The prize still alongside of Us. Ordered the +Master to Send Us 2 hogs for the Sloops Use, Also the Negro prisoner, +having been Informed that he was Capt. of a Comp'y of Indians, +Mollattos and Negroes that was att the Retaking of the Fort att St. +Augus'ne formerly taken Under the Command of that worthlest +G----O----pe who by his treachory Suffered so many brave fellows to be +mangled by those barbarians.[46] the Negro went Under the Name of +Signior Capitano Francisco. Sent one of the Mollatto's in his Room on +board the prize. Gave the people a pale of punch. + +[Footnote 46: The reference is to Gen. James Oglethorpe, and to the +recapture of Fort Moosa by the garrison of St. Augustine, June 15, +1740, during his unsuccessful siege of that town.] + +_Sunday 2d._ Att 1 PM. We Examined the Negro who franckly owned that +he was Capt. of a Comp'y as aforesaid and that his Commission was on +board the privateer, that he went privatter'g in hopes of Getting to +the Avanah[47] and that there he might Gett a passage for to Go to old +Spain to Gett the Reward of his brave Actions. We then askt him if it +was his Comp'y that had used the English so barbarously when taken att +the Fort. he denyed that it was his Comp'y but laid that Cruel Action +to the Florida Indians and nothing more Coud we Gett out of him. We +then tyed him to a Gun and made the Doctor Come with Instruments +Seemingly to Castrate him as they had Served the English, thinking by +that means to Gett some Confession out of him, but he still denyed it. +we then tyed a Molatto one that was taken with him to know if he knew +anything about the Matter. We Gave him a dozen of Stripes and he +declared that he knew nothing more than his being Capt. of a Comp'y +att that time but that the other fellow on board the Sloop knew all +about it. We Sent to him and he declared the wholle truth that it was +the Florida Indians that had Committed the fact Under his Comand, but +knew not if he was Consenting to it. However to make Sure and to make +him Remember that he bore such a Commission we Gave him 200 Lashes and +then pickled him and left him to the Doctor to take Care of his Sore +A-se. Opened a tierce of bread, and killed the 2 hogs. + +[Footnote 47: Havana.] + +_Munday 3d._ Small breeze of Wind. About 10 Saw a Schooner Standing to +No'ward. Gave her Chase. + +_Tuesday 4th._ A Fine breeze of Wind. Still in Chase of the Schooner. +Att 5 PM. Gave her a Gun in hopes to bring her too, to know who she +was, but she did not mind it neither hoisted any Colours. she bore +down upon Us, then takt and bore away. We fired 10 Shott but all did +not Signify for she hug'd her Wind[48] and it Growing dark and having +a Good pair of heels we lost Sight of her. We imagined it was a +No'ward Schooner both by her built and Course, But lett her be what +she will she had a brave fellow for a Com'r. Opened a bb. of pork. In +chaseing Lost Sight of Our prize. + +[Footnote 48: Steered close up to the wind.] + +_Wednesday 5th._ Fine Breeze of Wind. The Man att Mast head about 2 +PM. Spyed 5 Sail of Vessells Steering to the Westward. Gave them Chase +till 1 AM. and overtook them about 2. we coud observe them att a Great +distance to Load[49] of us. Lay too till 4, then begun the Chase +again, they having Gott almost out of Sight. Killed 2 Geese and a Cock +which we had out of the prize. Opened a tierce of bread. Provisions +Expended from June the 5 till July the 5, being one month, 6 bbs. of +beef, 2 bbs. of pork, 1 bb. of bread and 6 tierces of bread. + +[Footnote 49: Leeward.] + +_Thursday 6th._ Still in Chase of the 5 Vessells. Sett our Spritsail, +Topsail and Square Sail with a fine Breeze of Wind. About 11 AM. One +of Ships brought too and fired a Gun to wait for a Sloop that was in +Comp'y with her, and to wait for Us. We took in all Our Small Sails +and bore down to her and hoisted Our penant. When alongside of her +she fired 6 Shot att Us but did Us no damage, We still Hedging upon +her and Gave her Our broadside and then stood off. The Sloop tackt +imediatly and bore down upon Us in hopes to Gett Us between the Ships, +As We Suppose to peper Us, Att the Sight of Which We Gave them three +Chears. Our people all Agreed in General to fight them and told the +Capt. if heed venture his Sloop they'd Venture their Lives, but the +Capt. Seemed Unwilling and Gave for Reason that the prizes of which he +was in possession of woud be of little profitt if taken by Us for we +coud only Come in for a share w'ch woud be allow'd Us by the Court, +and that perhaps woud not make Good a Limb if it was Lost, also that +We had not hands Sufficient to Man them, and to bring those Vessells +to providence. no one was able to buy any part of them and to Carry +them to the No'ward woud be the breaking up of the Voyage without +profitt. Nevertheless We Lett the Sloop Come alongside Us and Received +her Shott. We Gave her a broadside and a Volley of Small Arms with +three Huzas, then bore down to the Ship, who all this time had been +pelting Us with her Shot but to no purpose, and Gave her another broad +Side which did her some damage, for she bore down to the Sloop and +never fired one more Shott, but Gott her on the Careen and men over +the Side to Stop her holes, also Severall hands att her Rigging to +mend it, her Sails being full of Shott holes, as also those of the +Sloop. All the damage we Gott was One Shott through Our Main Sail. The +Ship mounted 6 Guns of a Side and the Sloop 8. She was a Spanish +privateer that had been Cruizing to the No'ward and had taken 5 Ships +and that Sloop which We took some time before.[50] It Grieved Us to +think that that felow shoud Go off with those prizes which he woud not +have done had the Capt. been as willing as We. This battle was fought +in the Latitude 29.26, Longt. 74:30 W. but no blood Shed on Our Side. + +[Footnote 50: This is apparently the same Spanish privateer from St. +Augustine of whose doings in just these days an account is given in +the _Journal_ of William Stephens, secretary of Georgia (_Colonial +Records of Georgia_, Suppl. to vol. IV., pp. 225-228), and which +Oglethorpe chased into St. Augustine a few days later (Wright, +_Oglethorpe_, pp. 283-284).] + +_Friday 7th._ Fine breeze of Wind. about 9 AM. Saw the Land. it was +No'most part of Abbaco Keys.[51] tackt to Gett Clear of the Breackers. + +[Footnote 51: The northernmost of the Bahamas.] + +_Saturday 8th._ These 24 hours turning to Windward to Gett Clear of +the above Keys. att 6 PM. Opened a bb. of Beef and a tierce of bread. +the people had a pale of punch. + +_Sunday 9th._ Still turning to Windward. About 8 AM. Gott Clear of the +Keys. Caught Severall Baracowdas.[52] + +[Footnote 52: Barracudas, fish six or eight or ten feet long.] + +_Munday 10th._ Fine breeze of Wind att NW. with a large Sea. att 5 AM. +Saw Hog Island[53] and the Island of providence. att 8 a pilott boat +Come off having fired a Gun and Lay too for one to pilott Us in. +Jeremiah Harman Mas'r of Our prize Came also off. he Arrived the day +before att 9. Came by the Rose Man of Warr stationed here. we Saluted +her with Seven Guns and she Returned Us five. We Run aGround and lay +some time off of Major Stewarts House. The Man of War Send is [sent +his] boat to Cary out an Anchor for Us, so We Gott off. The Capt. Went +ashoar to wait on his Excellency[54] and send the pinnace off for the +prisoners, who Imediatly were put in Jail. Our prize sent Us two Hogs +which we Imediatly Killed. + +[Footnote 53: A small island of the Bahamas, which forms the north +side of the harbor of New Providence or Nassau.] + +[Footnote 54: John Tinker, governor 1740-1758. He came out in the +_Rose_, Capt. Thomas Frankland, along with Peter Henry Bruce, the +military engineer, and arrived at New Providence Apr. 21, 1741. +According to Bruce, he had previously been factor to the South Sea +Company at Panama, and governor of Cape Coast in Guinea for the Royal +African Company. Major Stewart, mentioned just above, was William +Stewart, a member of the colonial council and major of the militia. +_Memoirs of Peter Henry Bruce_, pp. 375, 385, 386, 395. _Journal of +the Assembly of the Bahamas_, 1741, _passim_.] + +_Tuesday 11th._ This day begun to Unload our prize. made a present to +the Governour of Our Horse and Deer. Landed 138 bbs. of provisions, +pitch and tarr. + +_Wednesday 12th._ Begun to Unload the Corn and sent it ashoar to a +Store hired for that purpose. Mr. Moon appointed Agent for the +Owners.[55] Opened a bb. of pork. + +[Footnote 55: "William Moone, who came from London in the storeship +with the recruits." Bruce, pp. 386, 410-412, 417-420.] + +_Thursday 13th._ Landed all our Corn and made a Clear hole of the +prize. att 9 PM. it begun to thunder and Lighting very hard. Our Sloop +Received great damage by a thunder bolt that struckt our Mast and +Shivered it very much, tore a large peice off of the hounds and as it +fell tore up the bitts[56] and broke in the hatchway, burst through +both our Sides, and Started the plancks under her whale,[57] melting +several Cutlashes, pistolls, and fired off several Small Arms, the +bullets of which stuck in her beam. It was some time before we +perceived that she Leakd, being all thunder Struck, the Master +stepping over the Side to Examine her put his foot on a planck that +was Started on the Larboard side, and all this time the water was +pouring it [in]. we Immediatly brought all Our Guns on the Starboard +Side to Give her a heel and Sent the boat ashoar for Our Doctor, a Man +being hurt by the Lighting, Wm. Jackson. when we Gott her on a heel we +tryed the pumps, not being able to do it before, for our Carefull +Carpenter had ne'er a pump-box Rigg'd nor fitt to work so had it not +been for the Kind assistance of the Man of warr's people, who hearing +of Our misfortune ashoar Came immediatly off and put Our Guns on board +the prize, we must Certainly have Sunk, most of Our hands being +ashoar. This day James Avery Our Boatswain was turned out for neglect +of duty and Ralph Gouch put in his Room. + +[Footnote 56: Hounds were projections at the masthead, supporting the +rigging. Bitts were posts on the deck, for purposes of belaying.] + +[Footnote 57: Gunwale.] + +_Friday 14._ This Morning Came on board Capt. Frankland and Lieut. +Stewart[58] to see the misfortune we had Suffered the Night before. he +Offered his Assistance in all he Cou'd and Spared Us his Carpenter who +view'd the Mast and said he thought he coud make it do again. The +Capt. hearing of a peice of timber for his purpose waited on his +Excellency to desire him to lay his Command on Mr. Jno. Thompson[59] +to Spare it him. He sent Mr. Scott, Judge of the Admiralty, to Go and +Gett it in his name, promising to make it Good to him in Case of any +trouble, the peice not being is [his]. Unloaded all Our provisions and +put them on board the prize to Gett Ready for the Carpenters to Repair +Our Sloop. + +[Footnote 58: Capt. Thomas Frankland (afterward Adm. Sir Thomas +Frankland) commanded the _Rose_, 20, on the Bahamas station from 1741 +to 1745. He was a descendant of Oliver Cromwell, and a younger brother +of Sir Harry Frankland, on whom see note 65. He married Sarah Rhett, +of South Carolina, a granddaughter of Chief-justice Nicholas Trott +(see doc. no. 106, note 3). Lieutenant Stewart was the Major Stewart +of note 54, second lieutenant in the independent royal company and +major of the militia. Bruce, pp. 386, 394, 400-402, 431-432.] + +[Footnote 59: John Thompson of Harbour Island was a member of the +council. James Scott was speaker of the assembly, judge of the +admiralty court and at times chief justice. _Journal of the Assembly +of the Bahamas_, 1741, pp. 1, 2, 8, 18, 24; Bruce, pp. 395, 417.] + +_Saturday 15th._ The Comp'y Q Mr. and mySelf were Examined with John +Evergin and Saml. Elderidge the two English prisoners Concerning the +prize. a Court was Called att 4 oClock PM. they Read Capt. Nortons +petition and appointed an Agent for the Owners, so Adjourned till +Munday 10 of the Clock AM. + +_Sunday 16th._ All hands att Rest. few Godly inclin'd, it being the +Lords day. + +_Munday 17th._ The Court mett According to Adjournment. Examind Juan +Baptista Domas concerning the freedom of the prisoners. took his +depos'on in writing. all the Evidences [and] deposition were read in +Court, Sworn too and Signed, then the Court Adjourned till Wednesday +10 of the Clock. no Lawyers in the place, the only blessing that God +coud bestow on such a Litigious people. + +_Tuesday 18th._ We Gott out Our mast and Sent it ashoar to Gett it +fisht and make it fitt for the Cruize. + +_Wednesday 19._ Att 10 AM. the Court being opened and the Libell Read +I beg'd Leave of his Honour to be heard, which being Granted I spoke +as follows. + + May it please Your Honr. + + As there is no Advocate appointed by this Hon'ble Court too + Appear in behalf of the Captures[60] of a Sloop that was + taken by Don Pedro Estrado July the 5th, belonging to some + of his Majestys Subjects of Great Britain or Ireland, and + Retaken by Capt. Benj'n Norton and Comp'y in a private Sloop + of War Called the _Revenge_ July the 28th, and brought into + this Court for Condemnation, As Capt. QMr. I appear in + behalf of the Owners, Capt. and Comp'y to prove that the + said Sloop and Cargo togather with the three Mollattos and + one Negro, all Slaves belonging to some of the Vessells or + Subjects of the King of Spain, ought to be Condemned for the + benefit and Use of the Captures as aforesd. + + [Footnote 60: Captors.] + + I'm Certain I'm Undertaking a taske no ways Qualifyed for + it, But as I have Leave to speak in a Court instituted by + the Laws of England and before a Judge whom Im Certain is + Endued with the strictest Honour and Justice I dont doubt + that if through Ignorance I shoud omit any proof that woud + be of advantage to Us Your Honour will be so Good as to Aid + and Assist me in it. + + It will be needless, I believe, S'r, to bring any further + proof than what has been already bro't and Sworn too in + Court to prove the Right and power we had in Seizing this + Sloop and Cargo on the high Seas and bringing of her here + for Condemnation. There is a Late Act of parliament made in + the 12 y'r of his present Majestys Reign,[61] wherein it + says that all Vessells belonging to his Majestys Subjects of + Great Britain or Irel'd that shall be taken by the Ennemy + and have been in their possession the Space of 96 hours if + Retaken by any private man of War the Captures shall be + Intituled to the one half for Salvage free from all Charges. + As this [h]as been fully proved in Court that the time the + Ennemy [h]as had her in possession is above 96 hours I dont + doubt but the one half free of all Charges will be allotted + Us for Salvage. + + [Footnote 61: Not 12, but 13 Geo. II., ch. 4, sect. 18. The + recaptors were entitled to one-eighth for salvage if the + vessel had been in enemy possession 24 hours, a fifth if + 24-48 hours, a third if 48-96, a half if 96.] + + The thing in dispute is the three Mollatos and one Negro, + all Slaves taken on board the prize, said to belong to some + of Vassalls or Subjects of the King of Spain and is by this + Court put to Us too prove they are so, which hope to do by + some Circumstances and the Insufficiency of the Evidence in + their favour which amounts to nothing more than hearsay. + + The first Evidence in their favour is that of John Evergin, + a Native of No.Carolina,[62] who professes himself to be a + Child of the Spirit, who for the Value of a Share in April + last having been taken prisoner by the said Don Pedro + Estrado and brought to St. Augustine did Consent to pillott + them in the Bowells of his Native Country and betrayed them + to that Cruel and Barbarous Nation. Can Your Honour Confide + in a Man who has betrayed his Countrymen, Robbed them of + their Lives and also what are dearer to them their Liberty, + One who has Exposed his Bretheren to Eminent Dangers and + Reduced them and their familys to Extream wants by fire and + Sword? Can the Evidence, I say, of so vile a Wretch who has + forfeited his Leige to his King by Entring in the Ennemys + Service, and unnaturally sold his Countrymen, be of any + weight in a Court of Justice? No, Im Certain, and I hope it + will meet with None to prove that these Slaves are freemen + for all that he as [has] said as he owns was only but + hearsay. The other Evidence is of a Villain of another Stamp + a French Runnagado, Juan Baptist Domas. his Evidence is so + Contrary to the Questions askt Francisco and Aug'ne that I + hope it will meet with the same fate as the first deserves + not to be Regarded. I'll own he has sworn to it, but how? On + a peice of a Stick made in the shape of a thing they name a + Cross, Said to be blest and Sanctyfyed by the poluted words + and hands of a wretched priest, a Spawn of the whore of + Babylon, who is a Monster of Nature and a Servant to the + Devill, Who for a Riall will pretend to absolve them from + perjury, Incest and parricide, and Cannonize them for + Cruelties Committed to we Herreticks, as they stile us, and + Even Rank them in the Number of those Cursed Saints who by + their Barbarity have Rendered their Names Immortall and + Odious to all true Beleivers. tis by such Devills they Swear + and to them they pray. Can then Your Hon'r Give Credit to + such Evidence, who no doubt they had agreed between them + that he should swear they were free, which he might Easily + do, for no Question but they told him so: and to swear it + was but a trifle when absolution Can be Gott so cheap. It + does not stand to Reason that Slaves who are in hopes of + Getting their freedom wou'd own they are so. Does not their + Complextion and features tell all the world that they are of + the blood of Negroes and have suckt Slavery and Cruelty from + their Infancy? Can any one think when we Call to mind that + barbarous Action Committed to his Majestys Brave Subjects + att the Retaken of the fort att St. Augustine, Occasioned by + the treachery of their Vile Gen'l who Sacrificed them to + that Barbarous Colour, that it was done by any that had the + Least drop of blood Either of Liberty or Christianity in + them? No, Im Confident Your Hon'r cant think so, No not Even + of their Gov'r under whose vile Commission this was Suffered + to be done and went unpunisht Headed by this Francisco that + Cursed Seed of Cain, Curst from the foundation of the world, + who has the Impudence to Come into Court and plead that he + is free. Slavery is too Good for such a Savage, nay all the + Cruelty invented by man will never make amends for so vile a + proceeding and if I may be allowed to Speak freely, with + Submission, the torments of the world to Come will not + Suffice. God forgive me if I Judge Unjustly. What a + miserable State must a Man be in who is Under the + Jurisdiction of that vile and Cruel Colour. I pity my poor + fellow Creatures, whom many have been made prisoners this + War and some lately that have been sent to the Avanah, and + all by the treachery of that vile fellow John Evergin who + says he's posse'd with the Spirit of the Inward man but was + possessed with the Spirit of Belzebub when he pillotted the + Cursed Spaniards over the barr of Obricock as it has been + proved in Court. + + [Footnote 62: John Everigin is recorded as a Quaker, in the + roll of Capt. Benjamin Palmer's company of the militia + regiment of Pasquotank County, North Carolina, in 1755. + _N.C. State Records_, XXII. 350.] + + I dont doubt but this Tragical Act Acted att St. Augustine + has Reacht home before now. This Case may perhaps travell as + farr. when they'l Remember the Sufferings of their + Countrymen Under the Command of this Francisco whom we have + Gott in possession with some of his Comp'y who were + Concern'd with him and Under his Command in that inhuman + fact they will agree no doubt, as I hope Your Honour will, + that they must be Slaves and no others Concern'd in it, So + hope that by the Contradictions which has been shewn in + Court Concerning this Juan Baptista Domas, who affirms he + never saw them till on board the privateer, and Francisco + and Aug'ne both woud prove that they knew him some months + before and Converst with him, is proof Enough they are + Slaves and hope that by the old Law of Nations, where it + Says that all prisoners of War, nay Even their posterity are + Slaves, that by that Law Pedro Sancho and And'w Estavie will + be decreed as Such for the Use of the Captures. So shall + Rest it with your Hon'r. + +Then the Judge Gave his Decree that the Sloop and Cargo shoud be sold +att Vandue and the one half thereof shoud be p'd the Captures for +Salvage, free from all Charges, that Juan Baptisto Domas, Pedro Sanche +and And'w Estavie, According to the Laws of England shoud Remain as +prisoners of War till Ransomed, And that Augustine and Francisco +according to the Laws of the plantations shoud be Slaves and for the +use of the Captures. So the Court broke up. + +_Thursday 20th._ Opened a bb. of beef. This day the Vandue begun. Sold +46 bbs. of pork, 29 bb. of Beef and 110 bus. of Corn, then Adjourn'd +it till the next day att 8 of the Clock. + +_Friday 21._ This day made an End of Selling the Cargo of the prize. +Sold 55 bus. of corn, 41 bbs. of pork, 6 bb. of beef, 13 bbs. of Tarr, +11 bbs. of pitch, 4 bbs. of Oyle. then Sett up Seignior Capt. +Fransisco Under the Name of Don Blass who was Sold to Mr. Stone for 34 +ps. 8. In the height of Our Sail some of the Soldiers Stole a bb. of +pork but was found out before it was all Expended so that one half was +Returned which makes the half bb. as per Acct. of Sales. Viz. Pork and +beef very much damnifyed. + + * * * * * + +_An Account of a prize taken by Capt. Benj. Norton in the Sloop +Revenge and Sold att Publick Vandue att New Providence, the 20th and +21st day's of Aug'st 1741. P'r Wm. Moon, Vandue Master, Viz,_...[63] + +Abstract of the Vandue. Viz. + +1st day. Corn, 105 buss. Ps. 8/8 397:4 Ps. 8/8 R. + Beef, 29 bbs. 126: + Pork, 46 bbs. 265:4 789:0 + --------- +2d day. Corn, 55 buss. 43:5-1/2 + Beef, 6 barrs. 23: + Pork, 40-1/2 do. 250:2 + Oyle, 4 bbs. 37:0-1/2 + Tarr, 13 do. 23:5 + Pitch, 16 do. 16: + Staves, 1500 4:7 398:4 + --------- +3d day. Sloop and Furniture[64] 325: + Pitch, 9 bb. 14:3 339:3 + --------- ------ +Corn 160 buss., beef 35 bbs., pork 86-1/2 bs., Staves } +1500, tar 13, pitch 20 bbs., Oyle 4 bb., Sloop and } total 1526:7 +furniture } + + * * * * * + +_Dr._ _William Moon Esqr. to the Owners of the Revenge_ _Cr._ + +To the one half of the prize Ps. 8/8 R. + bro't into providence and By Benja. Norton for 2 bbs. + condemned by a Court of of pork bo't att Vandue 12:4 + Vice Admiralty Amount'g By Sundries bo't by Your + in all to 1526 Ps. 8/8, people att ditto 14: + 7 R., the one half for By Cash paid Att twice 100: + Salvage is Ps. 8/8 763:3 By ditto another time 40:2 + By An Order on Capt. + Frankland for 596:5 + ----- ----- +1st prize. Ps. 8/8 763:3 Ps. 8/ 763:3 + ----- ----- + +[Footnote 63: Here follows a long account, the monotonous details of +which may properly be omitted. It records the sale, to nearly sixty +different purchasers, of the goods indicated in the abstract which +ensues. In this abstract, the amounts are given in pieces of eight and +reals; these were at that time the currency of the Bahamas.] + +[Footnote 64: Bought by Captain Frankland.] + + * * * * * + +_Saturday 22d._ Nothing Remarkable these 24 hours. Capt. Barrett Saild +in a Schooner for So. Carolina. wrote a Letter by him, Inclosd to +Messrs. Steed, Evance and Comp'y, Under Cover to Mr. Henry Collins for +Safety to Inform him of Our misfortune that happened by the thunder. + +_Sunday 23d._ All peace and Quietness. + +_Munday 24._ The Carpenters finisht the Mast. Gott it aboard and hove +down one Side and paid it with tallow. + +_Tuesday 25._ Hove down the other Side and paid her. Gott all Our +ballast in and Some of the provisions, also all the Rigging Over head. + +_Wednesday 26._ Still taking in Our provisions and Water and making +Ready to Sail. + +_Thursday 27._ Gott all Our Sails and powder from on Shoar. took an +Inventory of the prizes Rigging and furniture, she being to be sold on +Saturday next. Capt. Frankland Came on board to View her Intending I +believe to buy her. + +_Friday 28._ Nothing Remarkable these 24 hours. the Capt. discharged +three of his hands for Reasons best known to himself, being Resolved +that they shou'd not proceed the Voyage with, Viz. Webster and Gregory +shipt att New York and Wright from Rhode Island. opened 2 bbs. of +flowr. + +_Saturday 29._ This day the Sloop and furniture was Sold and bought by +Capt. Frankland, also 9 bbs. of pitch that was left unsold as per +Acct. of Sales. Opened a bb. of beef. + +_Sunday 30th._ This morning waited on Mr. Moon the Vandue Master and +Settled the Acct. which is Stated on the other Side. + +_Munday 31st._ The Capt. Settled with Every Body Indending to Sail +toMorrow. took bills of Exchg. of Capt. Frankland on his Brother +Messrs. Frankland and Lightfoot,[65] Merch'ts in Boston and Endorsed +by the Comp'y Qr. Mr. for L540 New England Currancy. the first bill +he Sent to Capt. Freebody by Capt. Green bound to Boston in the prize +with a Letter which is As follows: + + NEW PROVIDENCE August 31st 1741 + + _S'r_ + + This waits on You with a bill of Exchg. Inclosed drawn by + Capt. Thomas Frankland on his Brother Messrs. Henry + Frankland and Lightfoot, Merch'ts in Boston for L540 NE + Cur'y, being part of the prize taken by Us and Sold att + publick Vandue, the Sale of which Amounts to 763 Ps. 8/8 + which was the half we Received for Salvage, the Vessell + belonging to some of his Majesty's Subjects of Great Britain + or Ireland, besides one Negro Man Fransisco by Name who was + one of the Capts. belonging to that Comp'y of Negros and + Mollattos that used the English so barbarously att the + retaken of the fort att St. Aug'ne, also a Mollatto named + Aug'ne. The other two taken by us were Cleared and Remain + still prisoners of War. We have Sold the old Negro Capt. for + 34 ps. 8/8 which is to be Added to the above half. the + Mollatto we have still on board. + + I dont doubt by [now?] you've Received mine by the way of + the way of So. Car. Inclosed in a Letter to Mr. Henry + Collins in which I Acquainted You of an Unfortunate + Accident, that happened to Us by thunder having Split Our + Mast and broke through both our Sides and shoud infallibly + have Sunk had it not been for the Kind Assistance of Capt. + Franklands men Com'r of the _Rose_ Man of War. The damage + that will Accrue thereon will amount att Least to 100 Ps. + 8/8. + + We Gott our mast fisht and are in hopes it will Serve our + Cruize, having Gott all things ready to Sail we Intend it in + a day or two, And am with my kind Services to all friends + + Your very hum'le Serv't. + + B.N. + + To John Freebody: + +[Footnote 65: (Charles) Henry Frankland, afterward Sir Harry +Frankland, and celebrated under that name because of the romantic +story of Agnes Surriage, recounted in Dr. Holmes's poem, _Agnes_. An +elder brother of Capt. Thomas Frankland, he had come to Boston in the +spring of this year as collector of the port, and soon became one of +the most picturesque magnates of the place. Nason, _Sir Charles Henry +Frankland_, pp. 9-29. His associate was Robert Lightfoot, a prominent +merchant. _Pubs. Col. Soc. Mass._, VII. 91.] + +_Tuesday 1st._ The Lieut. and Mr. Stone went this morning to the +Westward to Gett a pilott and brought one with him but how he'll +prove the Lord knows, the wind Coming to the W'ward differed[66] +Sailing this day. + +[Footnote 66: Deferred.] + +_Dr._ _The Comp'y of the Sloop Revenge to the Owners_ _Cr._ + +To her first Outsett By Cash Recd of Mr. + Brot. from folio 9 1698. 6.3 Moon 137. 5. +To Sugr. 108 at providence 7. 4. By a bill of Exchge. for 540. + By cash pd by the 62 M. 8. 2. +To Rum 48 Ga. at do. 32. 8. By a bb. of tarr. 2.14. +To Cash pd. Stowe 19.11.6 By 3 mens Share of the +To prison fees for Nego. provisions Expended 16. 4.9 + and M.[67] 4.19. By Ballce. due P Compy. +To Jno. Wright frock 1072.11. + and trowsers 1. 7. +To the Storedge of the + provce. 7. 4. +To a bb. pork 5.17. + ---------- ---------- + L1776.16.9 L1776.16.9 + ---------- ---------- + +On board the _Revenge_ SE per P Vezian QMr. + +[Footnote 67: Negro and mulatto.] + +_Wednesday 2d._ This morning att 8 AM. Weighd Anchor having our pilott +on board, Capt. Richd. Thompson.[68] The Man of War's barge with their +Lieut. Came on board to Search Our hole to See we did not Carry any of +his hands with Us. Saw a Sloop Coming in but did not Speak with her. +Shipt Seven hands, Viz. James Jennings, Jno. Arnold, Nath'll Gwinn, +Richd. Righton, James Hayes, Thos. Fryer and Saml. Nixon. Every body +in their Statu Quo. the Capt. Ordered them some punch to drink to +their Wives and Misstresses they had left a shoare. + +[Footnote 68: Brother of John Thompson the councillor, mentioned +above. Bruce, p. 418.] + +_Thursday 3d._ Fine Moderate Weather, att 10 AM. had a Vandue att the +Mast of the plunder taken in the prize which was Sold to the Value of +50 Ps. 8/8 and 2 Rials. + + * * * * * + +List of the People on Board the Revenge. + +---------------+-------+------++------------------+-------+------ +Names |Quality|Shares||Names |Quality|Shares +---------------+-------+------++------------------+-------+------ +Benj'n Norton |Com'r. | 2-1/2||Brought Over | |36-1/2 +Wm. Stone |Lieut. | 1-1/2||Thos. Colson |Mar'r. | 3/4 +Elisha Luther |Mas'r. | 1-1/2||Wm. Ramsey | do. | 3/4 +Peter Vezian |Cap. | 1-1/4||Jno. Taylor | do. | 3/4 + | QM. ||Math'as Sollom | do. | 3/4 +Wm. Blake |Doctor | 1-1/2||Thos. Grigg | do. | 3/4 +Ralph Gouch |Boats'n| 1-1/4||Benj'n Blanchard | do. | 3/4 +Jno. Griffith |Gun'r | 1-1/4||Bryan McKeneys | do. | 3/4 +Jno. Gillmore | Mate | 1-1/4||Joseph Frisle | do. | 3/4 +Robt. Little |Carp'r | 1-1/4||Jno. Smith | do. | 3/4 +Duncan McKenley|C Q Mr.| 1 ||Saml. Kerby | do. | 3/4 +Jams. Ogleby |Gun'rs | ||Peter McKincking | do. | 3/4 + | Mate | 1 ||Saml. Henderson | do. | 3/4 +Jere Harman |Mar'r | 1 ||Tim. Northwood | do. | 3/4 +Foelix Burn | do. | 1 ||And'w Warden | do. | 3/4 +John Webb | do. | 1 ||George Densey | do. | 3/4 +Alex'r Henry | do. | 1 ||James M'Gown | do. | 3/4 +Wm. Higgins | do. | 1 ||Gideon Potter | do. | 3/4 +Jas. Barker | do. | 1 ||Saml. Bourdett | do. | 3/4 +Rich'd Righton | do. | 1 ||Nath'l Gwinn | do. | 3/4 +James Hays | do. | 1 ||Flora Burn | do. | 3/4 +James Avery | do. | 1 ||James Welch | do. | 3/4 +Tulip May | do. | 1 ||Jno. Brown | do. | 3/4 +Thos. Fryer | do. | 1 ||Wm. Jackson | do. | 3/4 +Jno. Waters | do. | 1 ||Jos. Marshall | do. | 3/4 +Jno. Vanderhyde| do. | 1 ||Quinton Sommerwood| do. | 3/4 +Jno. Arnold | do. | 3/4|| | | +Jno. Elderidge | do. | 3/4||Jno. Evergin | do. | 3/4 +Wm. Frisle | do. | 3/4||Rich'd Norton | do. | 1 +Ephraim Read | do. | 3/4||Ned Almy |Cook | 1 +Evan Morgan | do. | 3/4||Dan'l Walker |C. Mate| 3/4 +Jno. Holmes | do. | 3/4||Joseph the S'v't | | 1/4 +Jno. Bennett | do. | 3/4||Aug'ne |pris'r | +Jno. Wyld | do. | 3/4||James Jennings |Mar'r. | 3/4 +Hump'y Walters | do. | 3/4||Saml. Nixon | do. | 1 +Wm. Austin | do. | 3/4||_Revenge_ |Sloop |14 +Jno. Swan | do. | 3/4|| | | + | |------|| | |------- + | |36-1/2|| | |74-3/4 +------------------------------------------------------------------ + +_Abstract of the Shares of the Revenge._ + +Officer draws 13-1/4 Shares +Whole Share men 19-3/4 [18 ] do. +Men fitted by the Owners 28-1/2 [29-1/4] do. +Owners for fitting out 9-3/4 do. +Sloop 14 +The Lieu'ts Man Jos. 1/4 + ------ 85-1/2 [84-1/2] Shares + +N.B. Saml. Nixon to pay 1/2 of a 1/4 Share for a Gun and Cartouch. + Jno. Hayes to pay 1/4 of 1/4 of do. for a pistoll. + +_Sundry Accts. from Folio II. Dr. to the Owners._ + +To the foot of that Acct. for Ozenbrig L37. 5.6 +To Ditto for Cash Lent 14.10. +To Humphry Walters for 5 yds. Oz'g. 1. 2.6 +To Timothy Northwood for do. 1. 2.6 +To John Elderidge for do. 1. 7. + -------- + L55. 7.6 N.E.C. + -------- + +_Arms ... Dr. to the Owners._ + +To 40 Guns att R.I. By 39 Guns to the people. +To 40 pistoll at do. By 1 to make a monkey.[69] +To 40 Cutlasshes at do. By 1 broke by the Thunder. +To 19 Guns att N.Y. By 38 Pistols to the people. +To 15 Cutlasshes at do. By 38 Cutlasshes to do. +To 15 pistolls. By one to Ephraim Read a pistoll. + By one pistoll to Benjn. Blanchard. +59 Guns } 41 do. By one to Jno. Arnold. +55 pistolls } 42 do. By one do to Joshep Marshall. +55 Cutlashes } 39 do. By one Cartouch box to do. + +[Footnote 69: A monkey-block, perhaps.] + +_Remains in the Gunners Care._ + +18 Guns. By 10 Guns pistolls and Cutlasses. +13 pistolls. By 1 do. to Ephraim Read. +16 Cutlashes. By 1 Given the prisoners who + 2 pistols broke. Satt them ashoare. + By 1 broke by Accident. + + * * * * * + +_Friday 4th._ Moderate Weather till 4 AM., then hawld down Our Main +Sail and scuded under Our foresail to Gett Clear of the Keys, the Wind +blowing very hard. + +_Saturday 5._ Att 4 PM. brot. too under ballast[70] main-Sail. it blew +a meer hurricane. provisions Expended Since the 5 Aug'st: 7 bb. of +beef, 2 bb. pork, 3 tierces of bread, 5 bbs. of flower. + +[Footnote 70: Reefed?] + +_Sunday 6._ Opened a bb. of beef. moderate Weather. Out both Reefs of +Our Main Sail. hope to God to have fine weather. Gott Clear of the +Reefs and Hurricane which was terrible. Very few Godly Enough to +Return God thanks for their deliverance. + +_Munday 7th._ Fine Moderate Weather but Cloudy. Att 6 AM. the Capt. +Ordered the Carpenter to fitt the pinnace with mast and Ordered a Suit +of Sails for her. + +_Tuesday 8th._ The Weather as above. opened a bb of flowr. Arms to +three New hands Shipt att providence, Viz Jno. Arnold, Nath Gwinn, and +Jno. Jennings, also a pistoll to James Hayes, with whom the Capt. +Exchanged a Muskett for a fowling peice he had. + +_Wednesday 9th._ Squally Weather with Rain. Lett Humphry Walters and +Tim'y Northwood have 5 yds. of Ozenbrig Each for frock and trowsers, +also 6 yds. to John Elderidge. Markt the Sloops Arms on the butt with +Letter R and the Pistolls with a Cross on the Stock. + +_Thursday 10th._ Opened a bb. of beef. Squally Rainy Weather. + +_Friday 11th._ The first Settled day Since we left providence. the +Joyners made an Arm Chest to Carry in the pinnace when we Go on the +Look out. Lattitude per Mas'rs Obs'n 24:32. + +_Saturday 12._ Fresh breezes of Wind with some Squalls of Rain. att 11 +AM. the Capt. Saw the Land off the poup. it was the Crocassess.[71] + +[Footnote 71: Caicos, probably; rocky islets at the southeast of the +Bahama group.] + +_Sunday 13th._ The Capt. Gave the people a Case bottle of Rum for a +Tropick bottle[72] for his pinnace. the people Chrisned her and Named +her the _Spaniards dread_. Att 11 AM. made the Land of Hispaniola and +the Island of Tortudas.[73] We have now Gott in Cruizing Ground, the +Lord send Us Good Success against our Ennemies. Squally Rainy Weather +for the most part of these 24 hours. + +[Footnote 72: A bottle with which to celebrate the "crossing of the +line" of the Tropic of Cancer.] + +[Footnote 73: Tortuga, north of Haiti.] + +_Munday 14th._ Hard Gales of Wind. brought too off of trotudas Under +Our foreSail. att 5 AM. Saw a Sloop bearing down Upon us. Gott all +things Ready to Receive her. fired Our bow Chase then Hoisted our Jibb +and Main Sail and Gave her Chase, and we out Sailing of her she brot. +too. she was a Sloop from Philadelphia bound to Jamaica. We then brot. +too again Under Our ballast main, it blowing a meer frett of wind att +No. Opened a bb. of beef and a tierce of bread. + +_Tuesday 15._ Still Under Ballast-main Sail. about 5 AM. the Gale +abated. Loost Our fore Sail and took the Reef out of our Main Sail. +about 7 AM. Saw the Land which proved to be Cape Maze.[74] + +[Footnote 74: Cape Maysi, the eastern point of Cuba.] + +_Wednesday 16._ Moderate Weather but an Uncommon Wind att So. Cruzing +off of Cape Maze. delivered to Saml. Nixon a New hand a Gun and +Cartouch Box, to Marshall a pistoll and Cartouch box he having Lost +his that he had found him before, to Ephraim Read and Benjn. Blanchard +Each a pistoll theirs being broke, and to Humphry Walters a Cutlasses +having lost is [his] Given him before, all which Arms they are to pay +for. + +_Thursday 17._ Still Cruizing as above. att 7 PM. saw 2 Sloops, one on +Our Starbord and the other on the Larboard Bow, steering No.West. We +fired Severall Shott to bring them too but one of them was Obstinate. +Capt. Hubbard brot. too att the first Shott. he was Come from Jamaica +and bound to York. he Informd Us that there was a large fleet Just +Arrived from England to Join the Admiral, that Admiral Vernon was Gone +to St. Aga[75] de Cuba, that there was a hott press both by Sea and +Land, and that the Spanish Admiral with a Large Man of Warr was blown +up att the Avanah,[76] which News We hope is true, that the other +Sloop was one Capt. Styles bound also to York and Saild in Comp'y with +him, that there was a Ship also to Load,[76a] which we Saw with a +Schooner, the former bound to London and the Schooner to Rhode Island. +Styles Received Some damage by his Obstinacy for not bringing too, +having hulled him and tore his Sails. Att 5 AM. Saw a top sail +Vessell, the Master Going to Mast-head to See what Course she Steer'd +had the misfortune to break his Arm Just above his wrist. Gave the +Vessell Chase as farr as Inagua Island[77] where she brot. too. We +made the Capt. Come on board with his papers. he Came from Lougan[78] +and was bound to Nantz in france, Loaded with Sugar, Indigo and Hydes, +also 300 ps. of 8/8 Sent by the Intendant to the Receiver of the +Customs of Nantz. We went aboard in his Yawl and found his Cargo +Agreeable to his Bills of Lading and Manifest togather with his +Clearance, so lett him past. he Informed Us that there was a Brigt. +belonging to the Spaniards att Lougan that Came in there by disstress +having Lost his Mast, Which Gentleman we hope to have the Honour to +dine or Sup with before Long. he further told Us that the Last North +Wind had done Great damage having drove Severall Vessell to Sea all +Unrigged. + +[Footnote 75: Santiago. Vernon and Wentworth, having failed to take +Cartagena, were now planning an attack, which proved to be equally +unsuccessful, on Santiago de Cuba.] + +[Footnote 76: The _Invencible_, flagship of Don Rodrigo de Torres, was +struck by lightning in Havana harbor, June 30, 1741, and blown up. +Letter of the viceroy Horcasitas, that day, describing the occurrence, +in Pezuela, _Historia de Cuba_, II. 575-577. The admiral did not +perish.] + +[Footnote 76a: Leeward.] + +[Footnote 77: A large island in the southern Bahamas.] + +[Footnote 78: Leogane in Haiti (French).] + +_Friday 18th._ Calm Weather for these 24 hours. Opened a bb. of beef +and a bb. flowr. Att 5 AM. saw two Sails Under Cape Nicholas[79] but +coud not speak with them it being start[80] Calm. the Mas'r is in a +fair way of doing well with his Arm. + +[Footnote 79: The northwest cape of Haiti.] + +[Footnote 80: Stark.] + +_Saturday 19th._ Still moderate Weather. Saw a Sail. Gave Chase. + +_Sunday 20th._ Att 5 PM. Came up with the Chase. she proved to be a +french Ship that was blown out of Loogan in the Hurricane 6 days ago. +she was obliged to Cut her Mizenmast to Gett Clear of the Land. her +Quarters were all Stove in and her head Carried away and neither +Anchor nor Cable aboard but perrishing for want of water. she had 16 +hands aboard and but one Sailor, which was the Master. she had on +board 30 hhds. of Sugar, one hhd. and a barrell of Indigo, 13 hhds. of +Bourdeaux Wine and provisions plenty. We ordered his boat on board. as +soon as the Master Came over the side he fell on his knees and beg'd +for help and told us his deplorable Case. We Spared him some Water and +put one of Our hands aboard to Navigate his Vessell he being an Intire +Stranger on the Coast. he kept Comp'y with Us all Night. the Mas'r +Sent us a hhd. of Wine. Att 5 AM. saw the Ship a League to Windward of +Us. We then made in for the Mole by Cape Nicholas[81] and she Steering +after Us We bro't her in, but the Wind Coming ahead and his Ship out +of trim coud not work up as far as We, So she Came to an Anchor a +League below Us. the Capt. of the Ship is named Doulteau, the Ship _La +Genereuse_ from Rochell in france, Dutch built. Opened a bb. pork and +a bb. flowr. + +[Footnote 81: The mole which gives the port its present name of +Mole-Saint-Nicolas.] + +_Munday 21st._ Our Lieut. went ashoare to see if he coud kill any +Cattle, with 2 more hands. Some of the people went to find water, +found 7 Wells, Cleared them. the people on board being in fishing +Cought abundance of fish. some of Our hands compl[ained] they were +poisoin'd by Eating of the fish. Att 6 AM. Our pinnace went to the +Ship to tow her Up, but the Sea breeze Coming in fresh was obliged to +moor her as well as we Cou'd. + +_Tuesday 22d._ The Capt. Sent me a board the Ship to know if they +wanted any Assistance. Att 9 PM. they fired a Gun and hoisted a Light +for the pinnace to Come on board to tow them up. the Capt. Sent her +with 20 hands and towd her above where we Lay and moor'd her head and +Stern free from all dangers. Our people very busy in wooding and +watering. + +_Wednesday 23._ Att 6 PM. the Master of the Ship, Chas. Tesier, Came +on board to Return Our Capt. thanks for his kind Assistance and +Offered him any thing he might have Occasion for. he Gave the people +another hhd. of Clarett and some Sugar and a Quarter Cask for the +Capts. own drinking, also 6 Lenghth of old Junk.[82] Att 6 AM. Left +the poor frenchman in hopes of letting his Capt. Know where he was. +Weighd Anchor from the mold for Cape Maze with a fresh Gale att NW. +Gillmore Our mate Resignd his birth not being Qualifyed for it. John +Webb was put in his Room. Opened a bb. flower. + +[Footnote 82: Old rope.] + +_Thursday 24._ Att 1 PM. was abreast of Cape Maze. Att 6 Lay too Under +Our fore Sail. Att 7 AM. hoisted Our main Sail and Sett Our Jibb. + +_Friday 25._ Fine Moderate Weather. Gott on Our Cruizing Ground the +No. side of Cuba. + +_Saturday 26th._ About 5 PM. thought we Saw a Vessell att Anchor Under +the Land. Lay off and on till 5 AM. then Saw 2 Sails, a brig'ne and a +Sloop. Gave them Chase, the Sloop laying too for Us and the brig'ne +making the best of her Way to Leaward. We presently Came up with the +Sloop and when in Gun Shott hoisted Our pennant. the Compliment was +Returned with a Spanish Ensign att Mast head and a Gun to Confirm it. +We then went along Side of him and Rec'd his broadside which we +Chearfully Returnd with another. We then tackt, she dropping aStern, +and bore away before the Wind Crowding all the sail she Cou'd and We +doing the Like. Came again within Gunshott. In the time of Chase we +Shifted Our Bow Guns to Our fore ports and they had Done the like with +their After Guns to their Cabbin Windows, pelting of Us with their +Stern Chase and we pepering of them with Our fore Guns, So that after +several brisk fiering they att Last struck. We Ordered his Canoe on +board which was directly Mannd. the Capt. Came on board and delivered +his Commission and Sword to Our Capt. and Surrendered himself a +prisoner of War.[83] he was desperatly Wounded in the Arm and +severall small Shott in his head and body. three more of his hands was +wounded and one Negro boy Killed. This Vessell was fitted out in +Novem'r Last from the Avanah and had been on Our Coast Early in the +Spring and had taken severall Vessells and bro't them to the Avanah +and was again fitted out last August and had mett with Good Success on +the Coast of Virginia as per Acct. hereafter mentioned. she mounted 6 +Guns and 12 Swivells and 38 hands, two of which were English men that +[had] been [made] prisoners and Entered in their Service. their +[names] is Caesar Dixon and Robert Patterson. We made all the Sail we +Cou'd Crowd after the Brigt. which by this time was almost out of +Sight. The damage we Received was not much. Only one man Slightly +wounded in the Engagement by a Splinter, John Taylor, two more by an +Accident a peice Going off after the fight and shott them both in the +Arm. We Received upwards of 20 Shott in Our Sails, 2 through Our Mast +and one through Our Gunnell port and all This day the _Revenge_ +Establisht her Honour having almost Lost it by Letting the other +privateer Go off with them four Ships as is mentioned before. In chase +of the Brigt. who is making for the Land. + +[Footnote 83: Captain Ponch (Ponce?) he is called in doc. no. 149, and +this identifies him with the Captain "Paunche or some such name" whom +John Grigg, mariner, of New York, saw at Havana when a prisoner there +in 1742-1743, "the same", he says, "who was some time since taken by +Captain Norton, and carried into Rhode Island, whence he got to the +Havannah, And who is a person sayd to be well acquainted with these +coasts". Affidavit in _N.Y. Col. Docs._, VI. 244.] + +_Sunday 27th._ Att 4 AM. Came up with Chase. fired two Guns and bro't +her too. she was taken by the privateer 23 days before in the Latitude +26 No. Coming from Barbadoes Loaded with Rum, Sugar and some baggs of +Cotton, Commanded by Thomas Smith, bound to Boston. her Owners are +Messrs. Lee and Tyler Merchts. there.[84] she had on board 5 Spaniards +which we took aboard. + +[Footnote 84: Thomas Lee of Salem and Boston (H.C. 1722) and John +Tyler, brazier. Capt. Thomas Smith's narrative is doc. no. 149.] + +_Munday 28th._ Put the Lieut. on board the privateer prize with Sevl. +hands, also put on board the Brig'ne Capt. Thos. Smith with verball +Orders to follow Us till we Coud Gett Letters wrote to Send her to +Rhode Island to Capt. Freebody. Opened a tierce of bread. + +_Tuesday 29._ Lost Sight of both prizes. Lay too best part of the fore +Noon to Lett them Come up with Us. + +_Wednesday 30th._ Saw Our prize. bore down upon her. Ordered her Canoe +on board, the C Q M[85] went on board to fetch her powder and other +Stores out of her. Left but Six hands on board to Navigate her, with +Verball Orders to keep us Comp'y. Had a Vandue of old Cloaths which +amounted to 101 ps. 8/8 as per Leidger. No News of the Brig'ne. we +Suppose she is Gone to the No'w'd. she has one of Our hands on board, +Jere. Harman.[86] + +[Footnote 85: Company's quartermaster.] + +[Footnote 86: See doc. no. 148.] + +_Thursday 1st Octor._ Calm Weather with thunder and Rain. Spoke with +the Sloop. Brave Living with Our people. Punch Everyday, which makes +them dream strange things which foretells Great Success in Our Cruize. +they dream of nothing but mad Bulls, Spaniards and bagg of Gold. +Examined the papers. found Severall Spanish and french among which the +Condemnation of Capt. Stockings Sloop. died on board the prize a Negro +boy. + +_Friday 2d._ Att 6 AM. Saw a Ship Under the Land. stretchin[g] for her +we Saw aShore a french Pennant and English Ensign. Hoisted Our Spanish +Jack att Mast head and Sent Our pinnace aboard to discover what it +was. She proved to be a Ship that had been taken by Don Fransoiso[87] +Loranzo our prisoner, that had taken her off the Capes of Virginia and +had put a Lieut. and 10 more hands with 5 Englishmen to Carry her to +the Havanah, but the Spaniards Run her ashoare apurpose. We bro't off +the five Englishmen. the Spaniards having Run for it we Caught one and +bro't him on board. Sent Our prize alongside of her to Gett what Goods +we Cou'd Save. the Ship was Bilged.[88] + +[Footnote 87: Francisco.] + +[Footnote 88: Was staved in the bottom.] + +_Saturday 3d._ The people busy in Getting Goods out of the Ship, we +Laying off and on. + +_Sunday 4th._ Opened a bb. of beef. put the following hands on board +the prize With Orders to the Master which are as underneath written. +the people on board Are John Webb Masr., John Evergin Mate, Timothy +Northwood, James Hayes, Wm. Jackson, Joseph Marshall, John Elderidge, +James Jennings and a Bermudian Negro which was taken prisoner in a +fishing boat off of Bermudas by the Spanish Capt. (as Mariners) and +one Mollatto prisoner belonging to the Spaniards. Gave them a bb. of +beef and a bb. of pork. + + Latitude 22.50 No. Octo'r 4th, 1741 + + Mr. John Webb + + You being Appointed Master of the Sloop _Invinsible_, Late a + Spanish privateer Commanded by Capt. Don Fransoiso Loranzo + and taken by me and Comp'y, We Order You to keep Comp'y with + Us till further Orders, But if by some Unforeseen Accident, + Bad Weather Or Giving Chase We shou'd Chance to part Then We + Order that You proceed directly with said Sloop and Cargo to + Rhode Island in New England And if by the providence of God + You Safe Arrive there You must apply to Mr. John Freebody, + Merch't there, and deliver Your Sloop and Cargo to him Or + his Assigns. + + You are also Ordered to take Care that You Speak to no + Vessell nor Suffer any to Speak with You during Your passage + nor Suffer any disorders on board but to take a Special Care + of the Cargo that none be Embezled. And if Weather permitts + You must be dilligent in drying of the Goods on board to + hinder them from Spoiling etc. Wishing You a Good Voyage We + Remain Your Friends + + BN + + DM + + _Coppy of the Letter Sent to Capt. Freebody per John Webb in + the Sloop._ + + _Sr._ + + I hope my Sundry Letters Sent You by different hands are + Come Safe. My first was from the hook[89] Acquainting You + what Number of hands had on board the time of Sailing for + Providence, togather with an Acct. due from the Company to + the Owners. Att my Arrivall att Providence I wrote You of my + safe Arrival there and what Success we had mett with in Our + passage and delivered the Letter to Capt. Freeman, Bound to + Boston in a Schooner. a few days after had an Opportunity of + Informing You of an Unfortunate Accident which happened to + Us by thunder and the damage it had done Us. that went per + Capt. Barrett Via So. Carolina inclosed in a Letter to Mr. + Henry Collins, Sent to Mr. Steed Evance, who was desired to + forward it to him. the Last was per Capt. Green, bound to + Boston in the Sloop we had taken, Sold to Capt. Thomas + Frankland, whose first bill of Exch'ge for L540 NEC drawn by + him on his Brother, Messrs. Frankland and Lightfoot, Merch's + in Boston, togather with the Amount of what we Received for + Salvage for Retaken that Sloop was Inclosed. + + [Footnote 89: Sandy Hook.] + + This waits upon You with the Agreable News of Our taking a + Spanish privateer on the 26th of Septem'r last, off of Cape + Roman[90] att the No. side of Cuba, who was Conveying a + Brig'ne to the Avanah which he had taken in the Latitude 26 + No. Coming from Barbadoes Bound to Boston with Rum, Sugar + and Some Baggs of Cotton. We had the pleasure to meet him + Early in the morning and Gave her Chase. when within a mile + of her we hoisted Our pennant. she Imediatly Returned the + Compliment with her Ensign att Mast-head and a Gunn to + Confirm it. we Received Severall Shott from her and + Chearfully Return'd them. then she made the best of her way, + Crowding all the Sail she Cou'd, and we doing the Like Came + again within Gun-Shott and plyed her with Our Bow Chase + which were shifted to the fore ports for that purpose and + she kept pelting of Us with her Stern Chase out of her + Cabbin windows. So that after Severall brisk Shott on both + Sides she Struck. Our Rigging, Mast and Gunnell Received + some damage. Upwards of 25 Shott went through Our Sails. 2 + Shott went through Our mast and in the weakest part Just + below where it was fisht. a Shott Cut our fore Shrewd[91] on + the Larboard side and another went through Our Starboard + Gunnell, port and all. We had only one Man slightly wounded + with a Splinter by the Enemy, two others by an Accident on + board by one of the peoples peice Going off after the + Engagement, which shott them in the Arm. The poor Capt. of + the privateer was wounded in the Arm and the bone fractured, + One Negro boy Killed and others wounded. He was fitted out + last Novem'r att the Avanah and went to St. Aug'ne and was + on Our Coast Early in the Spring and took severall Vessells + as per list herein inclosed. he was again fitted out in + August last and had been on the Coast again and had taken + Severall more Vessells, as you will Observe by the Acct., + but we had the Good fortune to Stop his Cruize. Is Name is + Don Fransoiso Loranzo, and by all Report tho' An Enemy a + brave Man, Endued with a Great deal of Clemensy and Using + his prisoners with a Great deal of humanity. the Like Usage + he has on board for he Justly deserves it. + + [Footnote 90: An error of the quartermaster's in copying. + There is no Cape Roman on the north coast of Cuba. The + captain had no doubt written Cayo Romano. Cayo Romano is a + small island, one of the "Jardines del Rey" that fringe the + north coast of eastern Cuba, bordering on the Old Bahama + Channel.] + + [Footnote 91: Shroud.] + + We have Sent You the Sloop, Commanded by John Webb, Loaded + with Sundry Goods that has Rec'd some damage, which must + desire You to Unload directly and take Care to Gett them + dryed. there is also a Negro Boy that is Sickly, a Negro Man + said to be taken off of Barmudas by the privateer as he was + a fishing, and a Mollatto belonging to Some of the Subjects + or Vassalls of the King of Spain, all which We Recomend to + Your Care that they may not Elope. the Number of Spanish + prisoners taken on board is 48, out of which is Eleven of + the blood of Negroes, The Capt. Included, for which we dont + doubt having his Majestys bounty mony, which is L5 Ster. per + head. We also desire that the Vessell may not be Condemned + till Our Arrivall but only Unloaded and a Just Acct. taken + of what on board. As to the Brigantine, the Capt. of her, + whom we put in again out of Civility, has Used Us in a Very + Rascally manner, for he Run away with the Vessell from Us in + the Night and no doubt with a design to Cheat Us of Our + Salvage, which is the one half of Brig and Cargo, the Enemy + having had possession of her 22 days. As she is a Vessell of + Value, hope You'l do Your Endeavours to Recover Our Just + dues and Apply to the Owners who are, as we are Credibly + Informed, Messrs. Lee and Tyler of Boston, both Under the + State of Conviction Since the Gospell of Whitefield and + Tennant [h]as been propagated in New England,[92] So that we + are in hopes they will Readily Give a Just Acct. of her + Cargo and her true Value and Render to Caesar the things + that are Caesars, which is the Moral preachd by Whitefield. + + [Footnote 92: An allusion to the "Great Awakening", and to + the revivalist preaching of George Whitefield in Boston in + the autumn of 1740 and of Gilbert Tennent in the ensuing + winter. Tyler at any rate (John Tyler of Boxford and Boston) + seems certainly to have been affected by the "New Light" + movement, for in 1745 the Second Church in Boxford suspended + him, among others, for "receiving into their houses + Itinerant Preachers and holding meetings in opposition to + the repeated entreaties of their Brethren". _The Tyler + Genealogy_, I. 43.] + + As this will Require a Law Suit I hope You'l Gett the best + Advice You possibly Can and Gett her Seized if att Boston or + Else Where and Gett her Condemned. She was designed to be + Consign'd to You and the Master Sent on board to take + possession and Gett things in Order to Sail, whilest we were + Getting Letters wrote and bills of Lading with a hand to Go + with him, but he Gave Us the Slip. So Relying on Your Care + we don't doubt but you'll Recover her and add her to the + privateer prize. The Brig'ne was Called the _Sarah_, + Commanded by Thos. Smith, had on board 11 hhds. of Rum, 23 + hhds. of Sugar and 12 bags of Cotton. she was Well fitted + with 4 Swivells, one Gun and other Stores, a New pink + Stern[93] Vessell. One of Our hands he Carryed with Us[94] + whose Name is Jerem'h Harman, who no doubt will Acquaint You + of the whole Affair. We hope you'l Shew no favour to the + Capt. for his ill Usage and Gett a Just Acct. of his + Venture, which one half is our due. This Affair is + Recomended to You by all the Company and hope that you'll + Serve to the Utmost of Your powers, not doubting in the + least of Your Justice and Equity. + + [Footnote 93: Sharp-sterned.] + + [Footnote 94: Error for, with him.] + + Inclosed You'l Receive Capt. Frankland['s] 2 Bill of Exchg. + on his Brother for L540, also a List of what Vessells taken + by Fransoiso Loranzo Since he first went out on his Cruize, + which You may Use att pleasure Either to publish or + Conceal. We are still Cruizing on the No. side of Cuba and + are in hopes of Getting something worth while in a Short + time. all in Good health. So having no more to add but My + Kind Remembrance to all friends, I Remain + + S'r, Y'rs, BN. + +_Munday 5th._ Fine moderate Weather. the Comp'y Gave the Capt. a Night +Gown, a Spencer Wigg[95] and 4 pair of thread Stock'gs, to the Lieut. +a pr. of Buck skin Breeches, the Doctor bot. a Suit of broad Cloth +which Cost him 28 ps. of 8/8 which is Carried to his Acct. in the +Sloops Leidgers. Six men that had been prisoners Signed Our Articles, +Viz. Patterson taken out of the Sloop, and John Greenshaw, Thos. +Sinclair, Lawrence Willson, James Hadle, Jno. Bruman, prisoners on +board the Ship. the whole Vandue this day amounted to 9 ps. 8/8 4 R. + +[Footnote 95: A variety of periwig named after Charles Spencer, better +known as the second earl of Sunderland. A night-gown in 1741 was a +dressing-gown.] + +Expended this month: 7 bb. beef, 3 bbs. of pork, 6 bbs. flour, 2 +tierces of bread. + + +_146. Account of the Crew with the Owners. October 30, 1741._[1] + +[Footnote 1: Massachusetts Historical Society. It is hard to interpret +this account. It will be seen that L1776 16s. 9d. New England currency +is reckoned as equal to 1972-1/8 pieces of eight or Mexican dollars. +That would be reckoning 18s. of New England paper money to the dollar, +or about 20s. 6d. to the ounce of silver. But in 1741 the rate of +depreciation was certainly much higher. In January of that year +Governor Ward of Rhode Island reports to the Board of Trade, "that for +these six years last past, bills have continued to be equal to silver +at twenty-seven shillings per ounce". _Col. Recs. R.I._, V. 13. And +the Massachusetts rate was twenty-nine or more.] + +Comp'y of the Sloop _Revenge_ their Acct. Curt. with the Owners. + +Dr. New Eng'd Cur'y Ps. 8/8. R. + +To the first Out sett for provisions + etc. bot. att Rhode + Island and New York, being L1698. 6.3 1886.4 + +To Rum and Sugr. bot. att + provid'ce. 39.12. 44. + +To cash paid Mr. Stowe per + B.N. 19.11.6 20.1 + +To do. for prison fees for a Negro + and Mollo. Slaves. 4.19. 5.4 + +To John Wright for frock and +trowsers. 1. 7. 1.4 + +To Cash paid for Storedge of the +provisions. 7. 4. 8. + +To a bb. of Pork. 5.17. 6.4 + ------------------------- + L1776.16.9 Ps. 8/ 1972.1 + +Cr. + +By Cash Recd of Mr. Moon L137. 5. 152. + +By a bill of Exchg. of Capt. + Frankland 540. 600. + +By ditto pd. per the Compy. Qr. + Mr. 3 mens Share who were + discharged 8. 2. 9. + +By a bb. of tarr 2.14. 3. + +By Cash for three mens share of + the provs. Expended 16. 4.9 18. + +By Cash Recd of Mr. Stone for + part of a Negro Sold to him 21.12. 24. + +By Cash Shipt per Capt. Pittman, +Vizt. + Gold--54-3/4 Moidrs.[2] at 7-1/2 + Ps. 8/ 368.17.9 409.7 + 38 pistoles 153.18. 171. + 2-1/2 Johannes 45. 50. + In Silver L3. 5. Ster. + Advce. 13.[3] 16. 5 NECy 16. 5 18.1 + 139 mild[4] ps. of 8/8 166.16. 139. + ------------------------ + 1476.14.6 1594. + +By ball'ce due per Acct. by the + Comp'y 300. 2.3 378.1 + ------------------------- + L1776.16.9 1972.1 + ------------------------- + +Errors Excepted +October the 30th, 1741 +Per P. Vezian Capt. Qr. Mr. + + 133 Mild ps. 8/8 + 5 Piller ps. 8/8[5] + 1 french Crown[6] +L3. 4s. 0d. English Mony. + + Sent by Robert Griffin to New York + +133 Mild ps. of Eight L53. 4.0 + 54 Moydores in Gold at 44s.[7] 118.16.0 + --------- + New York Mony L172. 0.0 + +[Footnote 2: The moidore and the johannes were Portuguese coins, the +pistole Spanish. The moidore was worth six pieces of eight, the +pistole four, the johannes eight. Here they are reckoned at 7-1/2, +4-1/2, and 20, respectively; but perhaps the last were "double joes".] + +[Footnote 3: "Advance 13", _i.e._, add four times the amount (or +multiply by five) to bring the sum from sterling to New England +currency, at the rate here assumed; L3. 5s. sterling was really worth +only about 15 pieces of eight.] + +[Footnote 4: Milled.] + +[Footnote 5: Spanish dollars on which appeared pillars symbolizing the +Pillars of Hercules.] + +[Footnote 6: An ecu of six livres, = $1.08.] + +[Footnote 7: The moidore is here reckoned at 44s. New York money; it +is reckoned above at 135s. New England money.] + + +_147. Petition and Complaint of John Freebody. November 5, 1741._[1] + +[Footnote 1: Records of the Admiralty Court held in Boston, "vol. V.", +kept in the Suffolk County Court-house. These supplement effectively +the papers given to the Massachusetts Historical Society by Professor +Norton.] + +At a Court of Admiralty holden at Boston before the Hono'ble Robert +Auchmuty, Esq'r., Judge of said Court, December the Seventh, Anno. +Dom. 1741. + +Province of the } To the Hono'ble Robert Auchmuty, +Massachusetts Bay SS. } Esqr., Judge of Vice + } Admiralty in Boston. + +The Petition and Complaint of John Freebody of Newport, Merchant, in +behalf of himself and Benjamin Norton, Owners of a Privateer Sloop +Called the _Revenge_, and as Agent for and in behalf of the Officers +and Mariners Belonging to sd Sloop, Humbly Sheweth to your Honour that +the Said Vessell, Under the Command of said Benjamin Norton, Manned +With Sixty Men, Officers and Marriners, Sailed Out on a Cruize from +Newport in Rhode Island Against the Spaniards in June last, and in the +Latitude of Thirty Degrees North, About Twenty Leagues from the +Havannah, near the Island of Cuba, they met with a Spanish Privateer +of Six Carriage Guns and ten Swivel Guns, with men Answerable, On or +about the 26th day of September last, which Privateer had About +Fourteen days before that taken a Briganteen called the _Sarah_, with +her Cargo, Consisting of Ten Hogsheads of Barbadoes Rum, Sixteen +Hogsheads of Brown Sugar, Sundry Bales of Cotten, Being in all about +One Ton and a half, together with Ten Barrells of Sugar and About +Twenty barrells of Limes, Altogether of the Value of Five thousand +Pounds in Publick Bills of Credit Usually Current here, which Vessell +was Owned by John Tyler and Thomas Lee, Subjects of the Crown of Great +Britain and now Resident in this Place, as was also part of the said +Cargo as Enumerated, the Rest belonging to Other Subjects Liveing also +at Boston but Unknown to the Complainant, and the said Sloop _Revenge_ +Engaged and took the said Spanish Privateer and at the Same time +Retook the said Briganteen And Cargo and Redeemed the master, whose +name is Thomas Smith, and his Hands, from the Power of the Spaniards, +and for that the said Briganteen And Cargo had been at Such time a +fortnight in the hands of the Spaniards as their Prize, the said +Benjamin Norton put one of his hands aboard and Order'd the said +Vessell to proceed directly to Newport To be Restored to the Owners +upon paying as Salvage One Moiety of said Briganteen and her Cargo, +pursuant to an Act of Parliament Made and Passed in the 13th year of +the Reign of his Present Majesty King George the Second Entituled an +Act for the more Effectual Secureing and Encourageing the Trade of His +Majesties ---- British Subjects to America and for the Encouragement +of Seamen to Enter into his Majesties Service,[2] Whereby Amongst +Other things It is Provided and Enacted to the following purpose and +Effect, vizt. that the Vessells and Goods of British Subjects +Surprized and Retaken from the Enemy, if by a Private man of War +Commissioned properly thereto, In Case the Vessell and Cargo had been +Above Ninety Six hours in the Possession of the Enemy that took the +same, then to be Adjudged To be Restored to the Owners, they paying +for and in Lieu of Salvage One full Moiety or half part of said +Vessell and Goods so taken And Restored, without any deduction +Whatsoever, as in and by the said Act, Reference thereto being had, +more fully may Appear. Now So it is that notwithstanding said +Briganteen and Cargo had been taken as A Prize by said Spanish +Privateer and in their possession as such For twelve or Fourteen days +before she was Retaken by the said Benjamin Norton, who was properly +Commissioned thereto in said Sloop _Revenge_, yet the said Thomas +Smith, to Defeat the said Act And deprive the said Compl't[3] together +with said Norton and Crew of their Right and due as Abovesaid, +Contrary to the mind of One Jeremiah Harman who was on purpose left in +said Briganteen to Proceed therein and Assert their Right that +Surprized and Retook her, Yet the said Thomas instead of Proceeding to +Newport as intended Came in said Vessell and with the Aforesaid Cargo +to this Port of Boston, Where they Arrived in Safety in said +Briganteen and with the Aforesaid Cargo on or about the 23d day of +October 1741, and haveing turned the Said Jeremiah on shore have +Unladed and Delivered the said Briganteen Of her Cargo and Effects and +is now Preparing to send with the Owners Consent Or go with the said +Briganteen on a New Voyage Directly, without haveing Obtained Any +Decree of this Court as the Act directs or made Application therefore, +nor will the said Master Thomas Smith and Owners, tho' requested, pay +and give the said Moiety of the Vessell and Cargo so Retaken or any +part thereof to the Complainant For the Uses and purposes abovesaid. +Wherefore this being of a Maratime nature and regarding a Vessell and +Cargo retaken on the High Seas, Expressly falls within the +Jurisdiction of this Hono'ble Court. It's therefore pray'd your honour +will cause the said Vessell and Cargo so Retaken to be Seized and Kept +in the hands of the Marshall till a final Decree may be made on the +premises Pursuant to Said Act, and that the said Thomas Smith, John +Tyler and Thomas Lee may be Summoned in Case they or any of them see +fit to Appear and Answer this Complaint, and that the Complainant may +Obtain for the Uses and Purposes aforesaid your Honours Decree for One +Full Moiety or half part of said Brigantine and her Cargo or be +Otherwise Relieved in the Premises, as your Hon'r shall Judge meet. +And as In duty Bound the Complainant shall always-- + +[Footnote 2: 13 Geo. II. ch. 4.] + +[Footnote 3: Complainant.] + +JOHN FREEBODY for himself and Benja. Norton, Owners, and as Agent for +and in behalf of said master, Officers and Seamen belonging to the +Sloop _Revenge_. + +1741 Nov'r 5th filed and Allow'd and Ordered that the Vessell and +Cargo be Arrested and Kept in the Marshalls Custody untill Security be +given to Abide the Event of the Case, and that the Aforesd Owners and +Master Be Cited to Answer this Libel on Monday next at three aClock +p.m. + +ROB'T AUCHMUTY, Judge Ad'y. + + +_148. Deposition of Jeremiah Harriman. November 25, 1741._[1] + +[Footnote 1: Records of the Admiralty Court, Boston, "vol. V."] + +Jeremiah Hariman of Lawfull Age Testifyeth and saith that on or about +the latter end of June or the beginning of July last he sailed from +New York In a Privateer Sloop Called _The Revenge_ Commanded by Capt. +Norton on a Cruize Against the Spaniards and in the month of Sept'r +last in the Old Streights of Bahama[2] they saw a Sloop laying too +with a Jib Sheet to Windward And the Goose wing[3] of her mainsail +hauled up and her foresail hauled down, Upon which We gave her Chase +and upon Comeing within Gun shot of us she Hoisted a Spanish Flagg +upon her Topmast head and fired a shot which went thr'o the Rigging, +upon which we stood After her and upon Comeing within Muskett shot of +said sloop she fired at us again, upon which we hoisted An English +Pendant Upon the Topmast head and then we Engaged her, And in about +two hours and half we took her and found a Spanish Commission On +board her and then we took Out of the Spanish Privateer about fourteen +Spaniards and put them on board Our Sloop and put some of Our men +aboard The Spanish Sloop and then both Sloops gave Chase to the +Brigantine and In about three or four hours Our sloop came up with the +Briganteen and fired One or two Guns, upon which she brought too and +struck and then we took possession Of her, at which time this Depon't +was Credibly Informed as well by Capt. Smith as his men and all +Concern'd that she had been taken as a Prize by The Spaniards and Kept +in their Custody Eleven days before she was Retaken By them, Whereupon +the Quarter master and One hand more went on board the Said Briganteen +to take possession of her as a Retaken Vessell. Capt. Norton Then +Ordered Capt. Smith on board his Own Brig't with his Company, and This +Depon't was also Ordered by the Quarter master and Company of the +_Revenge_ Sloop to go on board said Briganteen to Secure and look +after their Interest, With Orders to keep them Company Untill some +farther Disposition shou'd be Made, which was Intended to be done the +next day, but so it happened by Some Misadventure or Contrivance to +this Depon't unknown they never Coul'd come up with the Sloops again +(th'o they had Severall times sight of Them), Whereupon the said Smith +and Company Alledging they shou'd be short Of Provisions Steer'd their +Course towards Rhoad Island and in About Eight days After, in the +Gulph of Florida,[4] we Came up with a large Merchant man as deep +Laden as she Cou'd well Swim, she Standing in For the Westward and we +being very near the florida shore Cou'd not Weather her and when she +came up with us she fired a shot Over us, Upon which we brought too +and then Ordered us to Come on board them In Our boat, but upon our +telling them we had no boat they sent their Boat on board us with +their Pilot and Severall Others, who staid on board That night and the +next day. about the midle of the Afternoon they Left us After haveing +plundered the Brig't of One barrell of Sugar, three Small Sails, a +Sheet and Small Anchor, the sheet Cable[5] and Sundry Small Stores of +little or no Value. Whereupon Capt. Smith took upon him to Order The +Brigantine to Boston, Capt. Smith at the same time telling this +Depon't He shou'd have mates Wages, And upon their passage Comeing +near Block Island, Capt. Smith refus'd to go into Rhoad Island th'o +Requested by the Depon't And Afterwards they put into Martha's +Vineyard, where Capt. Smith Sold Rum and Other things to Cloath his +people and then made his best Way for Boston where they arrived on or +about the 23d of October last When they discharged this Depon't as +soon as they well Cou'd and gave him Some money and told him to Go +about his business. + +JEREMIAH HARIMAN. + +[Footnote 2: Commonly called the Old Bahama Channel, lying between the +Jardines del Rey, or north coast of Camaguey province, Cuba, and the +Great Bahama Bank.] + +[Footnote 3: Lower corner.] + +[Footnote 4: The part of the Atlantic Ocean east of northern Florida.] + +[Footnote 5: The cable used with the sheet-anchor.] + +1741 Nov'r 25 Jeremiah Hariman Appearing in the Registers Office made +Oath to the Truth of the Aforegoing Deposition Before Me + +ROB'T AUCHMUTY Judge Ad'y. + + +_149. Deposition of Thomas Smith. November 30, 1741._[1] + +[Footnote 1: Records of the Admiralty Court held in Boston, "vol. V."] + +The Deposition of Thomas Smith of Boston Mariner, Master of the +Briganteen _Sarah_ as follows vizt. That on the 17th day of Septem'r +last he being Master of said Brigantine in her Passage from Barbadoes, +in the Lat. of 28 Degrees and 38 min's North and the Long. of Bermuda, +said Briganteen Was Surprized and taken together with her Cargo +Consisting of Rum, Sugar, Cotton and money to the Value of About +Eighty Six Pounds Sterling by divers Subjects of the King of Spain in +a Privateer Sloop mounted with Sixteen Guns Commanded by One Capt. +Ponch[2] manned with upwards of Forty men, who took Out of the said +Briganteen all the Aforesaid Money and Continued all the Rest Of the +Cargo on Board of her, and the said Spanish Privateer Ordered the +Depon't And four of his men on board the said Sloop and put some of +their men on board The said Briganteen and turned her Long boat adrift +and the said Sloop and Briganteen were Ordered to Keep Company with +One Another and Steer for the Havannah and the Spaniards plundered +said Briganteen both of Rum and Sugar And on the 26th of said +Septem'r, said Briganteen being in the Old Streights of Bahama, Capt. +Benjamin Norton in a Privateer Sloop from Rhoad Island Came up with +the Aforesaid Spanish Privateer and the Depo'ts Briganteen, Took the +Privateer and Retook the Brig't and Cargo and the said Norton took All +the Spaniards out of said Sloop and Brig't and put them on board his +Own Sloop and the Depon't Saith that Capt. Norton's Quarter master +took out of his Brig't Some Cloaths, a Rug and Blankett, which was +upon freight, Contrary to this Depo'ts Request, who told him said +things were upon freight, and said Quarter Master also took from this +Depon't forty pieces of Eight. Capt. Norton then Ordered this Depon't +on board his Own Brig't with his own men and ordered the Depo't to +keep him Company and Proceed to Rhoad Island. at The same time One +Jeremiah Hariman, one of Capt. Norton's men, came on board The said +Briganteen, but the wind being fresh and a very strong Current Setting +Capt. Norton Outsailed the Brig't, who fell to Leward on the Bahama +Banks[3] In About five fathom water and lost Sight of Capt. Norton for +twentyfour Hours and then Stood for the Gulph,[4] designing for Rhoad +Island, but in their Passage thither on the fourth day of October at +Ten a Clock in the morning, being in the Lat. of 27 Deg's and 6 min's, +the Depon't met with a Spanish Merch't Ship mounted with about Six +Guns and Navigated with About Twenty five Men in the Gulph, Commanded +by one Barnard Espinosa who was also Owner of said Ship, who came from +the Havannah and was bound for the Canaries, Who took and made Prize +of this Depon'ts Vessell and Cargo, put this Depon't and His men on +board the said Spanish Ship and put his Own men on board the +Briganteen to plunder her, and the said Ships Crew took Away the said +Briganteens Jib, forestaysail, Sheet Cable and Anchor, five Great +Guns, four small Arms, Maintopstaysail, Runners and [_illegible_] +Stream Anchor,[5] two crows and all the Iron they could remove, and +also some Sugar, Rum, Cotton, Wool, two coils of Rigging, and Sundry +Stores Particularly mentioned in a Schedule, Lodged in Court, and also +took of the said Briganteens Cargo five packets of Cotton, two +hogsheads and half of Rum, One hogshead and four barrells of Sugar and +Seven hundred weight of Loaf Sugar, and also Carried with Him in said +Ship the mate, one hand and a Boy belonging to said Brig'n, In Order +to Carry them into the Territories of the King of Spain to Shew That +the Vessell and Cargo so Plundered belonged to British Subjects, and +On the 5th of said October the said Espinosa gave this Depon't his +said Briganteen at the Request of a Spanish Priest he had on board (he +Haveing at first determined to set her on fire) as also the Remains of +her Cargo, vizt. five hogsheads and half of Rum, four hogsheads and +Eight Teirces of Sugar, belonging to the Owners of said Briganteen, +which he has Since delivered to them, and nine hogsheads of Sugar, +five Packets of Cotton and a Teirce of Rum which were Laden Upon +freight, which he has since delivered to the Respective Owners, vizt. +the nine hogsheads of Sugar to Wentworth and Monk, the five Packets of +Cotton to Mr. John Woodhouse, and the Teirce of Rum to Capt. Foresyth, +who paid him Freight for the same. + +THOS. SMITH. + +[Footnote 2: See doc. no. 145, note 83.] + +[Footnote 3: The Great Bahama Bank lies southwest of the chief +islands, toward Cuba. The vessels were proceeding northwestward toward +the Florida Channel.] + +[Footnote 4: Of Florida.] + +[Footnote 5: A runner was a rope rove through a block. A stream anchor +was an anchor of middle size, between a bower and a kedge.] + +and this Depon't further adds that when he met With the said Spanish +Ship he Ordered the aforesaid Jeremiah Hariman to Fire a Gun, he +haveing a Hot Poker in his hand, who Refus'd to do it But Instead of +that he let go the Main Halliards and lowered the Mainsail, And After +the said Briganteen was taken by the Spanish Ship the said Harriman +desired to enter on board said Ship, Giveing for reason that he Was a +Roman and had a wife at St. Augustine,[6] and this Depon't also heard +The Pilot of the Spanish Ship ask the Captain whether he would receive +the said Jeremiah Hariman as a hand on board his ship but the Capt. +Told said Pilot that he would not take him. this Depon't further +declares that he for Severall years has Understood the Spanish +language and that the hands on board the Spanish Ship were all of them +Spaniards except the Pilot, who was an Englishman, and the Captain of +her Showed this Depon't a Paper which he Called a Letter of Marque and +this Depon't believes The same really was so. + +THO. SMITH. + +[Footnote 6: It is to be hoped that Captain Smith is misrepresenting +Harriman, for Jeremiah Harriman was married to Mary Johnson in Trinity +Church, Boston, on Apr. 29, 1744, the intention of marriage having +been filed on Aug. 15, 1743. Boston Record Commissioners, _Reports_, +XXVIII. 275, 342.] + +1741 Nov'r 30th Thomas Smith made Oath to the truth of the Aforegoing +in Open Court. + +Att'r JOHN PAYNE, D.Reg'r. + + +_150. Decree of Vice-Admiralty Judge. December 7, 1741._[1] + +[Footnote 1: Records of the Admiralty Court, Boston, "vol. V."] + +The Case was then fully debated by the Advocates[2] on both sides and +on the Seventh of Decemb'r Aforesaid his Honour the Judge gave the +following Decree, vizt. + +[Footnote 2: In English admiralty courts the two classes of +lawyers--roughly, those who appeared in court and those who prepared +the papers--were called advocates and proctors, corresponding to +barristers and attorneys in the common-law courts.] + +This Case on the Evidence Appears to me shortly to stand thus: On the +17th day of Sept'r last the Briganteen _Sarah_ in her Passage from +Barbadoes to Boston was taken by a Spanish Privateer. on the 26th of +said Month Capt. Norton in an English Privateer took the Spaniard and +his said Prize, puts one of his hands on board of the Briganteen and +Continues Mr. Smith the Master and his Crew belonging to her on board, +Ordering him to keep him Company and Proceed to Rhoad Island, but the +Briganteen Not being Able to keep up with the English Privateer lost +sight of her, And in her Passage for Rhoad Island on the 4th of +October was again taken By a Spanish ship, who plundered her the +second time and Carrying with them the Mate, One hand and a Boy, on +the 5th of October Aforesaid was prevail'd upon to Give the Briganteen +with the Remains of her Cargo, etc. to the said Smith the Master, who +brought her to Boston, and now the Owners of the English Privateer and +Capt. Norton and his Crew demand one half for Salvage according to the +Stat. In that Case (as they say) provided, and if they are Entitled to +the Same is the Sole Question. In determining of which I shall Premise + +1st. Its a Rule in Law that the Right of Changeing Property by force +of Arms is so Odious that in the takeing of Goods if by any +Possibility The Right Owner may have Restitution the same shall be +done, and th'o a Larger time than twenty four hours happen between the +Capture And Recapture, and so may pernoctare[3] with the Captor yet +Restitution may be made. + +[Footnote 3: Continue through the night.] + +2 ly. The Sense and Understanding the Law hath of Privateers, vizt. +That they Are such as receive no pay but go to war at their Own +charge, and Instead of pay leave is granted to Keep what they can take +from the Enemy, and alth'o such License is Granted yet may they not of +their Own heads Convert to their Private use Prizes before the same +have Been Adjudged by Law Lawfull to the Captors. + +3 ly. There are Two Adjudged Cases that may Contribute to the Clearing +up this Point. The First is in the War between England and Holland.[4] +a Dutch man of war takes an English Merchant man and Afterwards an +English man of war Meets the Dutchman of war and his Prize and in +Aperto Prelio[5] regains the Prize. there Restitution is made, the +Owners paying Salvage, _for had it been a Lawfull Prize to the +Recaptor the Admiral wou'd have had a Tenth_. The Second is where a +Ship Chartered in his Voyage happens to be taken By An Enemy, and +Afterwards in Battle is Retaken by Another ship in Amity, And +Restitution is made and she proceeds on her Voyage. the Contract is +not Determined. th'o the taken[6] by the Enemy divested the Property +out of the Owners, Yet by the Law of War the Possession was +defeazable, and being Recovered by battle Afterwards, the Owners +became Reinvested, so the Contract by [fiction] of Law became as if +she never had been taken and so the Entire freight Became due. + +[Footnote 4: It is difficult to identify these cases, for volumes of +reports of admiralty decisions were not published until the beginning +of Christopher Robinson's _Reports_ in 1798, and not many earlier +decisions have since been reported; but the first of the cases here +referred to may be one of the two, those of the _Laurel Tree_ and the +_Palm Tree_, on which Sir Leoline Jenkins rendered, in 1672, opinions +which are printed in Wynne's _Life of Sir Leoline Jenkins_, II. 770.] + +[Footnote 5: Open battle.] + +[Footnote 6: Taking.] + +Lastly, I Observe the Words of the Stat. in the Case of Recaption[7] +Agree with the Words of the Law in the Cases put, for the words In the +Act are _shall be adjudged to be Restored to Such former Owner, etc. +Paying in Lieu of Salvage, etc._ + +[Footnote 7: 13 Geo. II. ch. 4, sect. 18.] + +These things thus Premised I Come to the Consideration of the Point +before me, and am of Opinion the Prepon'ts are Not Entituled to Any +Salvage, for that the Owners were never Absolutely Divested of their +Property, as may fairly be Collected from what has been Before +mentioned. Its true the Prepon'ts had a Right or Claim to Salvage On +the Recaption, but before that right Cou'd be Adjudged lawfull to the +Recaptors the Briganteen was again taken by a Spaniard, which puts an +Entire End to Salvage for a former Recaption, because Retakeing and +Restitution begets Salvage but the Prepon'ts Retakeing is lost by the +Enemies Again takeing the Brig't, and in Fact its the Enemy that made +the Restitution. Therefore I decree the said Libel to stand dismist, +but inasmuch as the Prepon'ts have been in Part Instrumental towards +the Preservation of the said Briganteen and th'o not Strictly Speaking +by Law Entituled to Salvage and the Case being New, I decree the +Def'ts to pay all the Costs.[8] + +ROB'T AUCHMUTY, Judge Ad'y. + 7 Decem'r 1741. + +[Footnote 8: From this decree of Judge Auchmuty the owners of the +_Revenge_ appealed (see docs. no. 151-158), but in vain. Opinions +might well differ, as did those of the civilians consulted in London, +doc. no. 153. High authorities declared that when a prize had been +taken into firm and secure possession, the title of the original +proprietor was completely extinguished, and was not revived by a +recapture (The _Ceylon_, 1 Dodson 105). But as to English practice, +the civilians of Doctors' Commons certified in 1678 that the custom of +the High Court of Admiralty was to restore the recaptured vessel to +the first proprietor, with salvage of one-eighth to the recaptors +(Marsden, _Law and Custom of the Sea_, II. 102, _cf._ also 168, 193), +and the statute 13 Geo. II. ch. 4, sect. 18, so provides, with +enlargement of salvage when the enemy's possession had lasted longer; +see doc. no. 145, note 61. But this present case was, or purported to +be, a case of a _second_ recapture. A note in 4 Chr. Robinson 217 +shows three cases in 1778, 1780, and 1781, of British prizes +recaptured by the French, then captured again by the British; in one +case the House of Lords awarded the vessel to the first captor, in the +other two to the last. Justice Story, in one of his notes in 2 +Wheaton, app., p. 46, says, "Where a hostile ship [_e.g._, Smith's +brigantine when first encountered by Norton, in Spanish hands] is +captured, and afterward is recaptured by the enemy, and is again +recaptured from the enemy, the original captors [_e.g._, Norton] are +not entitled to restitution on paying salvage, but the last captors +[_e.g._, Smith] are entitled to all the rights of prize, for, by the +first recapture, the whole right of the original captors is devested"; +and he refers to the _Astrea_ (1 Wheaton 125), where Marshall in 1816 +so decided, with as much emphasis as Sir Leoline Jenkins laid on an +opposite doctrine in 1672. In 1741 doctrine was in transition from the +earlier to the later view.] + + +_151. Appeal in Prize Case. December 8, 1741._[1] + +[Footnote 1: Records of the Admiralty Court, Boston, "vol. V". From +1628 to 1708 appeals in prize cases from the sentences of +vice-admiralty courts in the colonies had been heard in England by the +High Court of Admiralty; since that date, they had, in accordance with +6 Anne ch. 37, sect. 8, been addressed to a body of persons specially +commissioned for the purpose, called the Lords Commissioners of Appeal +in Prize Causes. See the memorandum of Strahan and Strange (1735) in +F.T. Pratt, _Law of Contraband of War_, p. 295. A commission (1728) +for the trial of such appeals is printed in Marsden, _Law and Custom +of the Sea_, II. 267-270.] + +1741, Decem'r the 8. John Overing, Esq'r,[2] Advocate for the +Propon'ts, Appeared In Open Court and Demanded an Appeal from the +aforegoing Decree, Which the Judge Allow'd of Upon Securitys being +given as the Act requires. + +Att'r JOHN PAYNE, D.Reg'r. + +[Footnote 2: Attorney-general of the province of Massachusetts Bay +1722-1723, 1729-1749.] + + +_152. Bond for Appeal in Prize Case. December 19, 1741._[1] + +[Footnote 1: _Ibid._ The law required the appellant to give bond to +prosecute. A similar bond (Rhode Island, 1756) is printed in Professor +Hazeltine's monograph on "Appeals from Colonial Courts", in _Annual +Report_ of the American Historical Association for 1894, pp. 344-345.] + +On the nineteenth day of Decem'r Anno Dom 1741 Personally Appeared at +Boston in New England John Overing, Esqr., and John Homans, Merchant, +both of Boston Aforesaid, who Submitting themselves to the +Jurisdiction of the High Court of Admiralty of England Obliged +themselves, their Heirs, Executors and Admin's to Thomas Lee, Merch't, +and John Tyler, Brazier, both of Boston Aforesaid, Owners of the +Brig't _Sarah_, Thos. Smith Mas'r, In the Sum of Three hundred Pounds +of Lawfull money of Great Brittain To This Effect, That is to say, +Whereas John Freebody of Newport in the Colony of Rhoad Island, +Merchant, Exhibited a Libel in the Court of Vice Admiralty for the +Province of the Massachusetts Bay in behalf of Himself and Benja. +Norton, Owners of a Privateer Sloop called the _Revenge_, And as Agent +for and in behalf of the Officers and Mariners of said Sloop, Against +the Aforesaid Brig't _Sarah_ for Salvage, etc. as per Libel on file +More fully sets forth, And whereas by decree of said Court of Vice +Admiralty Dated the Seventh day of Decem'r instant the said Libel was +dismist, And the said Freebody haveing Appealed from said decree or +Sentence to the Commissioners Appointed or to be Appointed Under the +Great Seal Of Great Brittain for Receiveing, hearing and determining +Appeals In causes of Prizes, now in Case the said John Freebody shall +not Prosecute the said Appeal to Effect within twelve months from the +Date hereof or in Case the Aforesaid decree Shall not be Revers'd By +the said Commissioners, then they do both hereby Severally Consent +That Execution shall Issue forth Against them, their Heirs, Executors, +Admin'rs, Goods and Chattels, wheresoever the same shall be found, to +the Value of the said Sum of Three hundred Pounds before mentioned, or +Treble such Costs as shall be Taxed in the said Court of Vice +Admiralty, But in Case the said decree be Reversed by the said +Commissioners Then this Bail shall be Void and of none Effect, and in +Testimony of The Truth thereof they have hereunto Subscribed their +names. + +Att'r JOHN PAYNE, D. Reg'r. J. OVERING. + JNO. HOMANS. + + Exam'd per JOHN PAYNE, D. Reg'r. + + +_153. Case (Freebody c. Sarah) and Opinions of Civilians. May 17, July +10, 1742._[1] + +[Footnote 1: Massachusetts Historical Society.] + +CASE. + +The English Brigantine called the _Sarah_, Thomas Smith Master, +together with her Cargo, consisting of Rum, Sugar, Cotton and money on +Board, was in her Passage from Barbadoes taken and Seized by a Spanish +Privateer mounted with Sixteen Guns and Manned with upwards of Forty +Men, who took out of the said Brigantine all the Money, but Continued +all the rest of her Cargo on board of her, and the Spanish Privateer +ordered and Caused the Master and Four of the Brigantine's Men to be +put on Board the Privateer and put some of the Privateers Men on Board +the Brgt. and turned her Long Boat adrift and the Brigantine was +Ordered to keep Company with the Privateer and Steer for the Havannah. +About Twenty Leagues from the Havannah, near the Island of Cuba, an +English Privateer Sloop called the _Revenge_ (Benjamin Norton Commr.) +came up with the said Spanish Privateer in Company with the said +Brigantine, Engaged and took the Said Spanish Privateer and at the +same time retook the said English Brigantine and Cargo on board, and +Capt. Norton then took all the Spaniards out of the said Spanish +privatr. and English Brigantine and put them on board his own +Privateer, and Ordered Thomas Smith, the Master, and Crew of the said +English Brigantine from on Board the Spanish Privateer to be put on +Board the said Brigantine, and at the same time put on Board her +Jeremiah Harimen, One of his own Privateer's Crew, to keep Possession +of her until Salvage Shd. be paid for the Recapture, at the same time +with Orders to keep the Privateer Company and proceed to Rhode Island. + +Soon after, either by the Contrivance of Thos. Smith, the Master of +the Brigantine, or by the Wind blowing fresh, the Brigantine was +Seperated or lost Sight of the Privateer. + +The Brigantine met with a Spanish Ship Mounted with six Guns and +Navigated with about 25 Men, who boarded the Brigantine and Plundred +her and took out of her part of her Rigging, Sails, Cables and +Anchors, and part of her Lading, and the next day they quitted her, +but first took out of her the Mate, One hand and a Boy, and put them +on Board their Spanish Merchant Ship and carried them away. + +Capt. Smith afterwards proceeded with the said Brigantine and in her +Passage coming near Block Island was desired by Jeremiah Harimen (who +was put on board to keep Possession of her as a fore said) to go into +Rhode Island but refused the same and proceeded to Boston, where upon +her arrival the said Jeremiah Harimen was put out of possession of +her, and Thos. Smith, the Master, Caused her Cargo to be unloaded and +delivered and afterwards to be refitted, without the Least offering to +pay any Salvage, under pretence that the Master of the Spanish Mercht. +Ship after plundering the Brigantine gave the same to the said Thos. +Smith the Master. + +Thereupon the Commr. and Owners of the English Privateer caused the +said Ship to be arrested in the Vice Admiralty Court of Boston to +Answer the said Salvage. + +Pleas were given and Admitted and Several Witnesses Exd. on both +sides, and the Judge of Vice Admiralty dismissed the Cause without +giving any Salvage whatsoever, from which Decree it is Appealed on the +behalf of the Comr. and Owners of the said English Privateer. + +_Observe._ By the Depo[sitio]ns of the Witnesses there Appears to be +some Variation relating to the Seizure of the Brigantine by the +Spanish Mercht. Ship. Thos. Smith, Master of the Brigantine, and his +Mariners Swear that the Spanish Mercht. Man after seizing and +plundering her gave him the Ship. + +Jeremiah Hariman, who was put on board by the English Privateer in +Order to keep Possesn. of her, differs from them in his depo[sitio]ns. + +_Q._[2] Are not the Owners and Comr. of the English Privateer intitled +to a Moiety of the said Brigantine and her Lading for Salvage by +reason the Brigantine was in Possessn. of the Spanish Privateer above +96 hours before she was retaken, and whether they have not Just Cause +of Appeal. + +[Footnote 2: For query, on which the London agents of Freebody and +Norton (see doc. no. 154), or an admiralty proctor acting for them, +sought the opinion of eminent civilians at Doctors' Commons--Dr. +Strahan, Dr. Paul, and Dr. Andrews--for all the practitioners in the +admiralty and ecclesiastical courts were doctors, of the civil law +(D.C.L., Oxford) or of the civil and canon law (LL.D., Cambridge).] + +If Capt. Norton, the Commander of the English Privateer, after having +retaken the Brigantine from the Spanish Privateer, had kept possession +of her, and Carried her safe into a British port, he and his Owners +would have been entitled to Salvage, According to the Directions of +the Act of Parliament. But as the Brigantine was afterwards taken by +another Spanish Ship, before she got into Port, and not protected +against the Enemy by Capt. Norton, it seems to me very doubtful +whether he can Claim the Salvage According to the Act of Parliament, +For Salvage is understood to be a Reward to the Recaptor, who has not +only rescued the Ship and Cargo out of the hands of the Enemy, but has +also effectually Secured the same for the benefit of the Owners, till +the safe Arrival of the Ship in a British Port, Which not having been +done in the present Case, makes me doubt of Success in an Appeal from +the Sentence. + +WILL. STRAHAN.[3] + +DOCTRS COMMONS, May 17, 1742. + +[Footnote 3: An eminent advocate, of Scottish origin, M.A. Edinburgh +1686, D.C.L. Oxford 1709, an advocate from 1710, advocate to the +admiralty 1741-1748. As to Doctors' Commons, see doc. no. 102, note +2.] + + +According to the Evidence given in this Case I am of Opinn. that the +Brigantine the _Sarah_, being taken the 17th of Septemr. 1741 by a +Spanish Privateer in a voyage from Barbados, and retaken on the 26th +of Septemr. 1741 by the Privateer the _Revenge_ from Rhode Island, +commanded by Capt. Norton, and convey'd to Boston, The Captain of the +Privateer the _Revenge_ will be well entitled to Salvage for the +Brigantine and her cargo, and the said vessel having been 96 Hours in +possession of the Spaniards, the _Revenge_ Privatr. will be well +entitled to a Moiety of the value of Ship and Cargo. + +The said Brigantine being seiz'd on the 4th of October by a Spanish +Merchant Ship and plunder'd will not abate the _Revenge's_ Right to +Salvage. If the Spanish Merchant Ship did actually give the Brigantine +(on the 5th of October at the request of a Spanish Priest) to Mr. +Thomas Smith, that will not barr the Salvage because such Ship could +have no property in the Brigantine. I therefore think that there's +good Reason for an appeal if this Case be truly stated. + +G. PAUL.[4] + +DR. COMMONS, July 10th 1742 +Copy + +[Footnote 4: George Paul, fellow of Trinity Hall, Cambridge, a +foundation specially devoted to the civil law, LL.D. Cambridge 1704, +vicar-general to the archbishop of Canterbury 1714-1755, king's +advocate 1727-1755.] + + +The Right of Salvage acquir'd by the Recapture of the _Sarah_ Brigt. +was not, I conceive, extinguished by its being taken again by the +Spanish Merchant Ship, she not being carried _intra praesidia_,[5] but +only plundered and let go. The Pretence of a Gift thereof to Captn. +Smith can have no weight, for the Spanish Mercht. acquir'd no property +by the Capture and could transfer none to Smith, who has deliver'd the +Cargo to the Owners and Freighters, to which he would have had as much +right as to the Ship. As the pretended Gift could transfer no +property, it could extinguish no right which had been acquir'd by the +_Revenge_, Except as to such part of the Cargo as was taken away by +the Spaniard. But the Owners and Company of the _Revenge_ are +intitled to a Moiety of the full Value of the Ship and Cargo, as she +arriv'd at Boston, without any Deduction, and I am of Opinion that +there is just ground of Appeal from the Sentence given in the Court of +Admiralty there. + +J. ANDREWS.[6] + +Copy. + +[Footnote 5: "Within the places of safety", such as ports or fleets. +"Movable goods carried _intra praesidia_ of the enemy become clearly +and fully his property, and consequently, if retaken, vest entirely in +the recaptors. The same is to be said of ships, carried into the +enemy's ports, and afterwards recaptured". Bynkershoek, _Quaestiones +Juris Publici_, lib. 1, ch. 5.] + +[Footnote 6: For Andrew; John Andrew, fellow of Trinity Hall, LL.D. +Cambridge 1711, chancellor and judge of the consistory court of the +diocese of London 1739-1747. He must have had a profitable practice, +for he left L20,000 to Trinity Hall.] + + +_154. Letters to Owner from London Agents. June 10, July 17, 1742._[1] + +[Footnote 1: Massachusetts Historical Society. Such were the +uncertainties of transatlantic correspondence that letters were often +sent in duplicate, as here, where a copy of the letter of June 10 is +enclosed in that of July 17. The London agents of Freebody were the +firm of Wilks, Bourryau, and Schaffer, merchants.] + + LONDON June 10th 1742. +Mr. John Freebody. Copy per Capn. Jones. + +_Sr._ + +We have receiv'd yor. favours of the 7th and 11th Decemr. inclosing +sundry Papers and proceedings, relating to a Tryal in the Court of +Admiralty at Boston between the Owners of the Privatr. _Revenge_ and +one Capn. Smith which we have delivered to Mr. Everard Sayer, an +eminent Proctor in the Commons,[2] who has perus'd them and taken the +opinion of Doctr. Strahan, one of the best Civilians we have, of which +we inclose you a Copy, which does not seem in yor. favour, but we +shall get anor. Doctor's Opinion on it and see what he says.[3] the +Store Bill you mention to have sent to Mrs. Harris[4] has never +reach'd her hands, which we have formerly advis'd you of, we shall do +all in our power to serve you in this Affair abot. the Appeal and hope +to receive yor. farthr. Commands, remaing. with due Respect-- + +[Footnote 2: _I.e._, in Doctors' Commons.] + +[Footnote 3: See doc. no. 153.] + +[Footnote 4: Daughter of Wilks; see note 5, _post_.] + + +LONDON 17 July 1742. + +_Srs._ + +Since the above Copy of our Last have recd. yr Favors of the 22d +April. we are very Sorry to have occasion to inform you that our good +Friend and Partner Francis Wilks, Esqr., departed this Life the 5th +instant.[5] he had been in a very ill State of health for above two +years past and the whole business of the house has been transacted by +us for that time and we hope to the Satisfaction of all our Friends, +who we Flatter our Selves will Continue their Favors to us and we +Shall [be] ready to Serve you and promote yr. Interest to the best of +our Capacity and assure you with great fidelity. we have taken Doctr. +Paul's opinion ab't yr. Case which you have inclosed. it seems to be +quite the reverse of what Dr. Strahan gave and is intirely for you; +our Proctor has persuaded us to have yet another eminent Civilian's +opinion, which if in our Favor he thinks we ought to pursue the +appeal, of which shall acquaint you more hereafter. we have received +the Certificate for the Snow _St. John_, Samll. Waterhouse, which have +laid before the Navy board but have not as yet obtained a bill for the +payment of it. at this Warr time there is so much hurry at the Navy +office that we can not get any Satisfactory acct. relating to the head +Money of the Spanyards taken by yr. Privateer. we are concerned at yr. +Loss in the Man of Warr taking 15 of yr. Men.[6] it is an abominable +practice yet it is what they frequently have done and go on with. +there has been representations made abt. it at our Admiralty office +but no redress has been obtained, only a few good Words that they +would give orders to the Contrary. are pleased you got a litle ---- in +her Way home. hope you will have greater Success hereafter which Shall +be glad to hear. we Shall have a just regard to all yr Concerns under +our Managemt. as if your own, and remain with due respect + +Sir, + +Yr. Most oblgd. h. Sts., + +BOURRYAU[7] AND SCHAFFER. + +Mrs. Harris desires to be +remembred to you. She is left +sole [heiress of?] Mr. Wilks. + +[Footnote 5: "Francis Wilks, esq., a director in the South Sea +Company, died July 5." _Gentleman's Magazine_, XII. 387. He had been +agent in London for the Massachusetts House of Representatives since +1728, and for Connecticut since 1730. Hutchinson, _Mass. Bay_, II. +353, describes him as a "merchant in London who ... was universally +esteemed for his great probity as well as his humane obliging +disposition".] + +[Footnote 6: Impressment of seamen.] + +[Footnote 7: Zachariah Bourryau, merchant, of Southampton Row, London, +and Blighborough manor, Lincolnshire. He was of a French family +settled in St. Christopher, W.I. He died in 1752, leaving an estate of +about L40,000. _Caribbeana_, III. 251-252.] + + +_155. Decree of Vice-Admiralty Judge. July 7, 1742._[1] + +[Footnote 1: Massachusetts Historical Society.] + + Colony of Rhode Island, etc. } + Curia Admiralitatis } + +James Allen, etc. proponents } +against the Schooner _St. Joseph_ } +_de las Animas_ for Gunns, Ammunition, } +One Slave and Cargo etc. } + +Having maturely considered the Evidence in this Case as well as the +examination of Francisco Perdomo Capt. of the Spanish Privateer who +being duly notified of the Trial and here in Court and being asked +what he had to offer why sentence of Condemnation should not be passed +against the said Schooner, her Gunns, Ammunition, Rigging, Tackle, +Apparel and Furniture, etc. To which he Answered he had taken several +prizes and had had them condemned and his Vessel, etc., according to +the Laws of Nations and Rules of War was a good prize and therefore he +had nothing to gainsay the Condemnation. + +I therefore adjudge and Decree the said Schooner and her Gunns, +Cables, Anchors, Rigging, Sails, Tackle, Apparel, with the Slave and +her Cargo, etc. mentioned in the Libel, to be Condemned as good and +lawful Prize to and for the Use of the Captors and Owners of the said +Sloop _Revenge_ to be divided according to the Articles made between +them. + +I further Decree the Owners of the _Revenge_ and the Captors to pay +the lawful Charge of Condemnation and all incident Charges. + +S. PEMBERTON, D. Judge.[2] + +NEWPORT July 7th 1742. + +The above is a true Copy taken from the original and Compared by me. + +[Footnote 2: Samuel Pemberton, merchant of Boston, son of Rev. +Ebenezer Pemberton of the Old South Church, was deputy judge of the +admiralty court in Rhode Island for a brief period in 1741 and 1742. +In the archives of Rhode Island, in a volume lettered "Admiralty +Papers, 1726-1745", there is a libel of James Allen, captain of the +sloop _Revenge_, privateer, against the Spanish sloop _St. Joseph_, +captured Mar. 1, 1743, on the north side of Cuba. But that was another +incident; the _St. Joseph de las Animas_ was a schooner.] + + +_156. Letters to Owner from London Agents. July 27, August 13, 1742, +February 16, 1743._[1] + +[Footnote 1: Massachusetts Historical Society. A continuation of the +correspondence in doc. no. 154.] + + LONDON 27th July 1742. +Mr. John Freebody 1 p.c. + Copy per Ellis + +_Sir_ + +Since the foregoing Copy of our last have not recd. any of your +favours. this serves to inclose you Dr. Andrews Opinion[2] relating to +your Capture of Smiths Brigt. which as it is of your side and agreable +to that of Dr. Paul we shall proceed in the Appeal and hope for +Success, but as their Lordships in Councill[3] will not sitt to hear +Appeals till February Next, you will have time En'o to give us your +farther Directions about it and you may depend on our Serving your +Interest as if our own. there is lately an Order come to the Navy +Office for making out bills for the hire of American transports, which +the Commrs. have promised to Comply with, so hope this will soon be +ended and we shall hearafter acquaint you with our farther +proceedings. we are with offers of Service-- + +[Footnote 2: See doc. no. 153.] + +[Footnote 3: The commission to hear appeals generally included at this +time the whole Privy Council.] + +LONDON 13 Augt 1742. + +_Sir._ + +Confirming the foregoing Copy of our Last, are not Favd. with any of +yours. this Serves to inclose you Copy of yr Case abt. the Brigt. +_Sarah_ and the opinion of the 3 Doctors of the Civill Law. we have +given L50 Security in the Commons[4] to prosecute the affair in the +appeal before the King and Councill. we Shall in a few Days have a +Navy bill made out for the hire of the Certificate of the Snow _St. +John_ when Shall acquaint you with the neat proceeds. We are with due +respect + +Sir + +Yr. most hb. Servts., + +BOURRYAU AND SCHAFFER. + +[Footnote 4: _I.e._, in the office of the registrar of the Lords +Commissioners of Appeal in Prize Causes, in Doctors' Commons.] + + LONDON Febry 16th 1742/3. +Mr. John Freebody + Copy per Capt. Turner + +_Sir_ + +We have recd. your favors of the 20th Octo. and 14th Decemr. with your +Power of Attorney, also copy of Condemnation and Certificate for +recovering the Kings bounty of L5 per head for the Spanish prisoners +taken by Capn. Norton on board the Spanish Scooner Privateer called +the _Joseph de las Animas_, which we have laid before the Navy Board, +but have not as yet been able to get any Satisfactory answer to this +nor the other for the _Divino Pastor_ and _Ynvincible_ Sloop which was +left with them some Months agone. these great Men in office +particularly in Warr time think themselves so much engaged in +Governmt. Affairs that they Postpone every thing else, just at their +own pleasure. We shall keep plying Constantly about 'em and hope to +Succeed one time or other. there is not as yet a day appointed for +hearing the Appeal about the Brigt. _Sarah_. We shall Vigorously +prosecute the affair and Acquaint you, in due time, with our Success. +we have Acquainted Dr. Paul and Andrews, with what you have further +mention'd about Smith the Master of the Brigt., Capt. Norton and +Compa. and Jeremiah Harriman, which hope may be of Service at the +hearing. its certain you have been very unjustly dealt by in the +proceedings of your Court of Admiralty, and are in great hopes you +will meet with redress here at home. inclosed we send you Sales of the +Freight Bill recd. on your Accot. for the hire of the _St. John_ Snow, +Capt. Waterhouse, Net proceeds being L120.18.6, have Carried to your +Credit. We heartily wish you further Success with Capt. Norton. Shure +he's a Gentn. of a fine Gallant behaviour and a just Scourge to these +Jack Spaniards and deserves publick rewards from all Merchts. and +traders that use the Seas. We are sorry to Acquaint you that Mrs. +Harris departed this Life in Octo. last after a Lingering Illness. we +have not to add but to assure you that we shall in all Concerns +observe your Interest as if our own, remaining with due respect + +Sir + +Yr. Most hb. Servts. + +BOURRYAU AND SCHAFFER. + + +_157. Account rendered by a Proctor in London. February 10, 1744._[1] + +[Footnote 1: Massachusetts Historical Society. It will be observed +that an appeal was an expensive process; that advocates' fees were +expressed in guineas, multiples of L1. 1s.; that the proctor felt that +he had to have a coach whenever he went to attend one of the sessions +of the court; and that "the law's delays" were abundantly exemplified. +The Lords Commissioners sat in the Council Chamber at the Cockpit in +Whitehall. Their procedure can be gathered from the printed briefs, +for appellant and respondent, which are preserved in a few American +libraries, often bearing manuscript annotations by the lawyers for +whom they were prepared. The Library of Congress has a collection of +such briefs, some 200 in number, 1751-1764, bound in four huge folio +volumes, and still ampler collections for the later wars of the +century, American and French. The library of Brown University has two +such volumes, embracing briefs in forty or fifty cases, 1780-1782. +Another collection, also bound in two volumes, formerly belonging to +Mr. Gordon L. Ford, but now to the New York Public Library, is +described by the late Paul L. Ford in the _Proceedings_ of the +Massachusetts Historical Society, XXV. 85-101, with full data +respecting the twenty-five American cases.] + +John Freebody and Benja. Norton, Commander of the private Ship of War +Called the _Revenge_, the Owners of the said Ship, Ag[ains]t Thomas +Lee and John Tyler, Owners of the Ship Called the _Sarah_, whereof +Thomas Smith is Mas[te]r, the Goods therein Lately Retaken by the sd. +private Ship of War Called the _Revenge_, + +In a Certain Cause of Appeal from the Vice Admiralty of the province +of Massachusets Bay. + +_May 1742_ + +For proctors fee consulted L0. 5. +For perusing the whole proceedings 13. 4 +For drawing a State of the Case for Counsel 16. 8 +For a Copy thereof for Dr. Strahans Opinion 5. +For Dr. Strahans fee giving his Opinion in Writing 2. 2. +For Attending on him 6. 8 +For a Copy of the Case for Dr. Pauls Opinion 5. +For his fee giving his Opinion in Writing 2. 2. +For Attending on him 6. 8 +For a Copy of the Case for Dr. Andrews Opinion 5. +For his fee giving his Opinion in Writing 2. 2. +For Attending on him 6. 8 +For Interposing a protocal of Appeal before a Notary 6. 8 +For the Caution[2] entred into to prosecute the Appeal and + Stamps 7. 6 +For the Marshalls Report 8. +For Entring into Bail 5. +For the Proctors fee praying an Inhibition and Monition and + Surrogates fee[3] 6. + +[Footnote 2: Security or bond.] + +[Footnote 3: On application, the Lords Commissioners of Appeal, or +their deputy the _surrogate_, would issue an _inhibition_ to the judge +of the court from which the appeal had come up, enjoining him to stop +all further proceedings, and a _monition_ to transmit all the past +proceedings in the cause to them; these latter documents constituted +the _transmiss_ or _transmission_ mentioned below. Browne, _Civil and +Admiralty Law_ (ed. 1802), II. 439. Clerke, _Praxis Curiae +Admiralitatis_, tit. 57.] + +_Aug't 5th 1742_ + +For the Inhibition and Monition under Seal and Stamps and + Extracting 2. 6.10 +For the Effect of that Said Inhibition 1. + +_Nov'r 11th._ + +For attending when the Transmission was brought in by the + Judge below L0. 5. +For Compounding for the process 5. +For Drawing a Libel of Appeal 16. 8 +For Ingrossing the same and Stamps 7. 8 +For the Advocates fee signing the Libel 2. 2. +For Attending on him 6. 8 +For Returning the sd. Inhibition and Monition at the Counsel + Chamber when a Proctor appear'd for the Appellator and + gave in a Libel 13. 4 +For A Copy of sd. Libel for Advise Proctor and Stamps 7. 8 +Fee when Issue was Joined 6. 8 +For Attending when the Cause was Assigned for Sentence on + the first Assignation 6. 8 +For Coach hire 3. + +_24 March [1743]._ + +For Attending at the Counsel Chambers when the Cause was + Assign'd for Sentence at the next Court 13. 4 +For Coach hire 3. +For drawing a Breif for Councell 4.13. 4 +For Drawing and making an Index and Abstract of the Process + and Copy 1. 6. 8 +For Copys of the Opinions given by the Counsell for their Use 13. 4 + +_10 May._ + +For Attending at the Councell Chamber when the Judges Assign'd + the Cause to be heard the next Court 13. 4 +For Coach hire 3. + +_17._ + +For the same to the next Court 13. 4 +For Coach hire 3. + +_2 June._ + +For Attending at the Councell Chamber when the Cause was + Assigned to be heard when their Lordships should Appoint 13. 4 +For Coach hire 3. + +_20th Octr._ + +For Attending at the Councell Chamber when their Lordships + Assign'd the Cause to be heard the 27 instant. 13. 4 +For Coach hire 3. +For two Copys of the Brief for Councell and One for my Self L 5. 5. +For Dr. Pauls fee to Attend the Lords of the Councell etc. 10.10. +For Diverse Attendance on him 13. 4 +The like for Dr. Andrews fee 10.10. +For Divers Attendance on him 13. 4 + +_27th Octr._ + +For Attending at the Councell Chamber when the Cause was + heard and their Lordships pronounced Agst. the Appeal + and Condemned my Clients in L10 Costs According to + Stile 1. 6. 8 +For Coach hire 3. +Paid the said Costs 10.10. +Paid the Reg'rs Bill 2. 1.{5} +For several Extrajudicial Attendance in the whole Cause 1. 6. 8 +For Clark and Officers 10. +For Letters and Sportalage[4] 7. 6 + --------- + L74. 9. 3 + +[Footnote 4: More properly, sportulage; meaning, apparently, a small +customary present or fee to a judge, Lat. _sportula_.] + +Everard Sayer, 10th Feb'ry 1743[5] +Rece'd then the Contents + EVERARD SAYER + +Vera Copia per + +[Footnote 5: _I.e._, 1744, N.S.] + +LONDON Jan'y 31st 1746/7. I hereby do Certifie that the above is a +true Copy. + +ZACH. BOURRYAU. + + +_158. John Tweedy's Bill for Medicines. November 8, 1743._[1] + +[Footnote 1: So the document is endorsed. Massachusetts Historical +Society. The list may be taken as showing a typical outfit of medical +and surgical supplies for a privateer. The symbols used in the +manuscript for pounds, ounces, and pints are here replaced in print by +the usual abbreviations, lbs., oz., pts.] + +NEWPORT, Novr. 8th, 1743. + +Capt. John Freebody and Capt. Ben Norton in Co., Drs. + +To Sundrys for the Privateer Sloop _Revenge_, Capt. James Allen Com'r, +Nicholas Holmes Chirurgeon, Viz. + +Aq. Menth. Fort. 3-1/2 pts. L 1. 8. 0 + Cinnamoni 1-1/2 pts. 0. 9. 0 + Foenicl. d. 1 Bott. 0. 4. 6 + Theriacal 1 Do. 0. 9. 0 + Vitae 1 Do. 1.16. 0 +Sp. Sal. Volat. oleos. 6 oz. 0.15. 0 + Armoniac 8 oz. 0.16. 0 + Nitri dulc. 4 oz. 0.10. 0 + Salis dulc. 4 oz. 0.12. 0 + Vin. Rectif. 3-1/2 pts.[2] 1. 8. 0 +Elixr. Proprietatis, 20 oz. 3. 0. 0 + Vitriol 3 oz. 0. 9. 0 +Essent. Stomatical 34 oz. 5. 4. 0 +Tinct. Castor. 3-1/2 oz. 0. 8. 3 + Bezoartic 1 pt. 2. 8. 0 + Euphorbii 4 oz.[3] 1.12. 0 +Bals. Copivi 6 oz. 0.12. 0 + Peru. 2 oz. 2. 8. 0 + Sulph. Tereb. 1-1/4 oz. 0. 5. 0 +Syr. Papaver Diacodii 4 pts. 5 oz. 2.11. 9 + Croci 2 pts. 5-1/2 oz. 2. 7. 0 + Limonum 2 pts. 1 oz.[4] 1. 4. 0 +Oleum Hyperic. 3-3/4 oz. 0. 6. 0 + Lini 3 pts. 0.13. 6 + Succini 2 oz. 0. 8. 0 + Juniper. 2 oz. 0.12. 0 + Terebinth 3-3/4 pts. 0.15. 0 + Olivarum 3-3/4 pts. 1. 2. 6 + Anis. 2 oz. 0.12. 0 + Amygd. dulc. 4 oz. 0.12. 0 +Mel Rosarum 1-3/4 Pts. 1. 1. 0 + Commun. 4 pts. 0.16. 0 +Tamarindae 4.[5] 0.16. 0 +Theriac. Andromach, 2 pts.[6] 2. 8. 9 + Cons. Rosar. rubr. 1-3/4 pts. 1. 1. 0 + Linimt. Arni. 1 pt. 0.16. 0 +Ungt. Dialth. 1 pt. 0. 8. 0 + Populion, 1 pt. 0.12. 0 + Basilicon 1 pt. 1.12. 0 + Alb. Camphor. 1 pt. 0. 8. 0 +Sal Absinth. 2 oz. 0. 6. 0 + Card. Benedict. 1 oz. 0. 8. 0 + Prunel. 8 oz.[7] 0. 8. 0 +Sp. Vitriol 5 oz. 0.10. 0 +Elixr. Vitae 6-1/4 oz. 2.10. 0 +Philon. Roman. 6 oz. 0. 9. 0 +Diascordium 1 pt. 0.16. 0 +Pulv. Ling. Dracon. 1 oz. 0. 5. 0 +Gum Tragacanth 2 oz. 0. 4. 0 +Bez. Miner 1-1/2 oz.[8] 0.16. 0 +Emplast. Diachylon c' G. 1 lb. 0.16. 0 + Oxycroceum 1-1/2 lbs. 0. 8. 0 + Defensiv. 2 lbs. 1.12. 0 + Paracels. 1 lb. 0.16. 0 + Epispastic 1 lb. 1. 4. 0 + Diapalm. 1 lb. 0. 6. 0 + Stomach. Mag. 2 lbs. 2. 8. 0 + Melilot. 1 lb.[9] 0. 6. 0 +Verjus 6 pts. [?] 0. 4. 6 +Flor. Chamomel 3/4 lb. 0.16. 6 +Absinth. 1 pt. 0. 5. 0 +Rad. Gentian. 1 lb. 0. 8. 0 + Liquorit. 2 lbs. 1. 0. 0 + Bardan. 4 oz. 0. 6. 0 + Rhei Pulv. 6 oz. 11. 5. 0 +Lign. Guejac. 1 lb.[10] 0. 1. 6 +Ocul. cancr. praept. 6 oz. 0.15. 0 +Coral. rubr. praept. 4 oz. 0.12. 0 +Croc. Orient. 1 oz. 1. 5. 0 +Cinnab. Antimo. 1/2 oz. 0. 4. 0 +Conch. praept. 1 lb. 2. 0. 0 +Pulv. Jalap. 8 oz. 2. 0. 0 + Ipecacuanh. 6 oz. 1.16. 0 +Pil. Ruffi 3 oz. 1. 4. 0 + Catholicon 1 oz.[11] 0. 8. 0 +Tereb. Venet. 2-3/4 pts. 1. 7. 6 +Argent. Viv. 8 oz. 1.10. 0 +Antimo. Crud. 1/2 lb. 0. 2. 6 +Succ. Glyzyrrhiz. 1 pt. 0.14. 0 +Rad. Sarsaparil. 3 lbs. 1. 4. 0 +Hyssop. 1/2 lb. 0. 2. 6 +Centaur. Minor. 1/2 lb. 0.12. 0 +Extract Cass. Fistul. 2-1/4 pts.[12] 1.16. 0 +a Pewter Glyst. Syringe 5. 0. 0 +Skines No. 4 1. 0. 0 +Tartar. Vitriolat. 1 oz. 0. 4. 0 +Sal Armo. 4 oz. 0. 6. 0 +Flor. Rosar. Rubr. 1/2 pt. 2.17. 0 +Crem. Tart. Part. Pulv. 1.10. 0 +Resin. Jalap. 2 oz. 2. 8. 0 +Dulc. Gutt. Gamb. 1 oz. 0. 5. 0 +Sponge 2 oz. 0. 8. 0 +Cantharides 1 oz. 1. 4. 0 +Vitriol. Roman. 1 oz. 0. 1. 3 +Flores Sulphur. 1/2 pt. 0. 3. 0 +Alum. Crud. 1/2 lb.[13] 0. 1. 0 +Bacc. Juniper. 2 pts. 0.10. 0 +Resin Comun. 4 lbs. 0. 3. 0 +Lap. Calamin. praept. 1 oz. 0. 1. 0 +Sach. Saturn. 2 oz. 0. 8. 0 +Cinnamom 6 oz. 1. 2. 6 +Cubebs 1 lb. 1. 4. 0 +Zinziber 1/2 lb. 0. 1. 0 +Empl. de Ranis [cum Mercurio] 1/2 lb. 0.12. 0 +Rad. Serpent. Virg. 11 oz.[14] 0. 8. 3 +Myrrh. Pulv. 1-1/4 oz. 0. 6. 3 +Ol. Rorismarin. 1/2 oz. 0. 8. 0 + Lavend. 3-3/4 oz. 2. 5. 6 +Sem. Sinapios 2 lbs. 0.10. 0 +Cinnabar factit. 1 oz. 0. 5. 0 +Lith. Aur. praept. 1 lb. 0.12. 0 +Acetum 3 pts. 0. 3. 0 +Pulv. Scamo. 1 oz.[15] 0.10. 0 +Lap. Tutiae praept. 2 oz. 0. 8. 0 +Senna 1 oz. 0. 2. 6 +Rad. Chinae 1/2 lb. 1. 0. 0 +1 Sett Weights 0. 7. 0 +Conf. Alkerm. 2 oz. 0.12. 0 + Hyacinth. 2 oz. 1. 4. 0 +Tinct. Myrrh. 9 oz. 1. 4. 0 +Syr. Rhei 6 oz[16] 0.15. 0 +6 Square Bottles 1. 1. 0 +4 qt. Bott. 0. 5. 0 +4 Blue and white pots 0.14. 0 +Tow 1. 5. 0 +Vials and pots, 1 Doz. 0. 8. 0 +6 Doz. Corks large and small 0. 6. 6 +Ras. Corn. Cerv. 6 oz.[17] 0. 6. 0 +a Box 0. 8. 0 +a Broken Red and Do. White Skin 0. 7. 0 +a Mortar and Pestle 1.13. 0 +an Iron Laddie 0. 7. 0 +a Stone Coffee Pot 0.10. 0 + --------- + 130. 2. 9 + +Newport June 14, 1744. +Recd. the full Contents per John Tweedy. + +[Footnote 2: Spirits of mint, of cinnamon, of sweet fennel-seeds, of +treacle, aqua vitae, spirits of ammoniacal volatile oil, of sal +ammoniac, dulcified spirits of nitre and of sal ammoniac, rectified +spirits of wine.] + +[Footnote 3: Elixir of propriety, of vitriol, stomach essence, +tincture of castor, bezoartic tincture, tincture of euphorbia. For the +wonderful properties of the bezoar-stone (really a concretion found in +the intestines of the wild goat, or, sometimes, a coprolite) and its +derivatives, see Eggleston, _Transit of Civilization_, pp. 64-66, +90-91.] + +[Footnote 4: Balsam of Copaiba, Peruvian balsam, terebinthated balsam +of sulphur, syrup of poppy (= diacodium), syrup of saffron, lemon +juice.] + +[Footnote 5: Oil of St. John's wort, linseed oil, oil of amber, of +juniper, of turpentine, olive oil, oil of anise, sweet almond oil, +rose honey, ordinary honey, tamarinds.] + +[Footnote 6: Theriaca Andromachi, Venice treacle, a remedy which had +long been highly esteemed, and which comprised 61 ingredients, +according to the _Pharmacopeia Collegii Regii Medicorum Londinensis_ +(London, 1747), _s.v._ See also Eggleston, _Transit_, p. 63.] + +[Footnote 7: Conserve of red roses, arnica liniment, ointment of +marshmallow root, of poplar-buds, basilicon ointment, ointment of +white camphor, salt of wormwood, salts of the blessed thistle, +sal-prunella.] + +[Footnote 8: Spirits of vitriol, elixir vitae, confection of opium, +diascordium, powdered dragon's blood, gum tragacanth, the mineral +bezoar.] + +[Footnote 9: Plaster of diachylon and gum (c. G. = cum gummi), of +saffron and vinegar, defensive plaster, plaster of Paracelsus, +blistering plaster, diapalma plaster, compound laudanum plaster, +melilot plaster. The term "emplastrum Paracelsi", so the librarian of +the Surgeon-General's Office informs me, is not given as such in the +older medical dictionaries, and was probably not a current term; but +in vol. II. of Robert James's _Dictionary of Medicine_ (London, 1745), +extended reference is made to a plaster compounded of ammoniac, +galbanum, opopanax, turpentine, litharge, and many other ingredients, +described as "extolled to the skies by Paracelsus", and this may be +the one which Tweedy here lists.] + +[Footnote 10: Verjuice, chamomile flowers, wormwood, gentian root, +liquorice root, burdock root, rhubarb root, lignum vitae.] + +[Footnote 11: Prepared crabs'-eyes (= Gascoin's powder), prepared red +coral, Oriental saffron, sulphide of antimony, prepared shells, +powdered jalap root, powdered ipecacuanha, pills of aloes and myrrh, +catholicon (_i.e._, good for what ails you) pills.] + +[Footnote 12: Venice turpentine, quicksilver, crude antimony, +liquorice juice, sarsaparilla root, hyssop, lesser centaury, extract +of cassia fistula.] + +[Footnote 13: Vitriolated tartar, sal ammoniac, red rose petals, +powdered cream of tartar, resin of jalap, dulcified gamboge-resin, +sponge, cantharides, blue vitriol, flowers of sulphur, crude alum.] + +[Footnote 14: Juniper-berries, common resin, calcined carbonate of +zinc, sugar of lead (sugar of Saturn), cinnamon, cubebs, ginger, +plaster of powdered frogs and mercury ("Emplastrum de Ranis cum +Mercurio", see Eggleston, _op. cit._, pp. 57, 58, 85), Virginian +snakeroot.] + +[Footnote 15: Powdered myrrh, oil of rosemary, oil of lavender, +mustard-seed, sulphide of mercury, prepared goldstone (yellow topaz?), +vinegar, powdered scammony.] + +[Footnote 16: Tutty (zinc oxide), senna, china-root, confection of +alkermes (see Eggleston, pp. 86-87), confection of hyacinth, tincture +of myrrh, syrup of rhubarb.] + +[Footnote 17: Filings of hartshorn.] + + +_159. Account for the Revenge. June, 1744._[1] + +[Footnote 1: Massachusetts Historical Society.] + +The Sloop _Revenge_, Dr. + +1744, June 7th. To the Judges fees for Condemnation, + etc. L70. 0s. 0d. + + June 16th. To James Honyman,[2] Attorneys fees 70. 0. 0 + +[_Illegible_] 20th. To Thos. Ward,[3] Attorney fees 70. 0. 0 + + To the Register, fees and bonds for + appeale, 5. 0. 0 + + To John Freebody, Acct. for Sundrys + Paid 97. 6. 6 + + June 15th. To Wm. Kings Acct. for Masters Dyet 13.17. 7 + + To Capt. Allin, Acct. for Pilotage, + Providence 8. 8. 0 + + To Jno. Harriss, acct. for Sur. Qt. + Master 1.10. 6 + + June 15th. Jno. Renick. To 2 Men 19 Days at 8s. + a Day amt. to 15. 4. 0 + + To Mr. Fox [?] Acct. for the Masters + Claim 5. 0. 0 + + To Mr. Danll. Saveti [?] Linguester[4] + fees 10. 0. 0 + + Tweedy 15th. To the Docters Chest 165. 0. 0 + + To Storidge, Warfidge, etc. to J.F. 20. 0. 0 + ----------- + 551. 6. 7 + + Doctors Chest to Deduct out of their + Div'd[5] 165. 0. 0 + ----------- + L386. 6. 7 + +[Footnote 2: Attorney-general of Rhode Island 1732-1740.] + +[Footnote 3: Son of Governor Richard Ward, and secretary of the colony +1747-1760.] + +[Footnote 4: Interpreter.] + +[Footnote 5: _I.e._, it is concluded that the surgeon's supplies +(similar no doubt to those which Tweedy took for an earlier voyage, +doc. no. 158) should rather be deducted from the men's share, as a +proper charge on them, than charged to the whole account of the +privateer.] + +Per Contra Cr. + +1744, June 7th. By Sundrys Sould at Vandeu At + Provdc. L2123.12s. 6d. + + By the Hides and Tobacco 569. O. O + ---------------- + L2692.12. 6 + Charges 386. 6. 7 + ---------------- + L2306. 5. 11 + ---------------- + Owners 1/3 768.15. 3-1/2 + 768.15. 3-1/2 + ---------------- + Mens 2/3 1537.10. 7 + Docter Chest Deduct 165. 0. 0 + ---------------- + L1372.10. 7 + 629. 5. 0[6] + ---------------- + The Comp. Dividend to Divide among them L2001.15. 7 + + J.F. 1/2 is L384. 7. 7-3/4 Owners 1/3 L768.15. 3-1/2 + 1/8 is 96. 1.10-3/4 1/2 384. 7. 7-3/4 + 1/16 is 48. 0.11-1/2 1/4 192. 3. 9-3/4 + ------------- 1/8 96. 1.10-3/4 + 528.10. 6 1/16 48. 0.11-1/2 + B.N. 1/4 is 192. 3. 9-3/4 + 1/16 is 48. 0.11-1/2 + ------------- + 768.15. 3-1/2 + +[Footnote 6: I do not know the source of this increment. The +calculations below show that, at this time, Freebody owned 11/16 and +Norton 5/16 of the _Revenge_.] + + +_160. Agreement: The Revenge and the Success. November 10, 1744._[1] + +[Footnote 1: Massachusetts Historical Society. This, it will be seen, +was Freebody and Norton's copy of the agreement. With the aid of +documents found elsewhere, the history of the _Success_ can be pieced +out. Among the records of the vice-admiralty court at Boston there is +a thin book of "Accounts of Sales", which begins with accounts of +sales of the _Success_ and her cargo, July 22-Oct. 7, 1743, from which +it appears that she was a British vessel, recaptured from the enemy by +the privateer bilander _Young Eagle_, John Rous commander, the same +privateer that brought in the _Amsterdam Post_, with its former +lieutenant now commander (doc. no. 128, note 9). Then, in the Rhode +Island archives, "Admiralty Papers, 1726-1745", pp. 63-82, we have the +libel and other papers in the case of James Allen of the _Revenge_ and +Peter Marshall of the _Success_ against the _Willem_ galley (see doc. +no. 161), which shows one of the successes of this joint cruise to +have been that, on Mar. 16, 1745, in the Old Bahama Straits, the two +associates took the ship _Willem_, sailing under Spanish colors and +under the command of Cosme Zeggrayne (Zegarain), but which originally +was a Dutch ship, commanded by Pieter Couwenhoven.] + +Memorandum of Agreement indented made and concluded upon the Tenth Day +of November in the Eighteenth year of the Reign of our Sovereign Lord +George the Second, King of Great Britain etc., Annoq. Dm. One thousand +Seven hundred and Forty Four, Between John Freebody and Benjamin +Norton, both of Newport in the County of Newport in the Colony of +Rhode Island, etc., Merchants, Owners of the private Man of War Sloop +_Revenge_, whereof James Allen is Commander, of the one part, and +William Read, Jonathan Nicholls and William Corey, all of Newport +aforesd., Merchants, and Robert Hazzard of Point Judith in South +Kingstown in the County of Kings County in the Colony aforesaid, +Yeoman, Owners of the private Man of War Sloop _Success_, whereof +Peter Marshall is Commander, the other part, Witnesseth, That the +Owners of the said Sloop _Revenge_ and the Owners of the said Sloop +_Success_ do hereby Mutually Covenant, promise and Agree that the said +Two Sloops or Vessels, Captains, officers, and Companies belonging to +them, shall Unite, Assist each other and Concert together for and +during their whole Voyage and until their return to Newport aforesaid, +During all which time One third part of all Vessels, prizes, prize +Goods, Money and whatsoever other Benefit or advantage shall be made +during the said Voyage until their return to Newport aforesaid, either +in Company or seperately, shall remain to the Use and benefit of the +Owners belonging to both the said Vessels to be equally shared and +divided between them According to the Articles belonging to both the +said Vessels. And further that if either of the said Vessels happens +to be disabled so as to be unfit for her Cruising or proceeding the +said Voyage, then the other of the said Vessels shall assist in +getting her into any of such port as shall be most convenient for her +in Order to refit for her Cruise again. + +And also that if the said Vessels shall at any Time during the Voyage +aforesaid happen to part from each other by Stormy Weather or +otherwise and either of them happen to be Shattered, damnified or +unfit to proceed her Cruise aforesaid, she shall make the best of her +way to some Convenient Port, where she shall be immediately repaired +and fitted out again on her Cruise, and the Captain, Officers and +Company belonging to her shall Use their Utmost endeavours to find her +Consort and continue their Cruise until both the said Vessels arrive +at Newport aforesd. (The Danger of the Sea excepted), And also that if +either of the said Vessels happens to be lost in any Engagement or +otherways each Vessels Owners shall Share and divide as herein +beforementioned, And also that in Case any of the Men belonging to +either of the said Vessels happens to loose a joynt or joynts, Limb or +Limbs in any Engagement, such person so loosing the same shall be paid +out of the whole of each Vessel of what shall be taken during their +Cruise aforesaid. + +And Lastly, for the true performance of all and every the Covenants +and Agreements herein beforementioned the said parties hereunto do +bind themselves unto the other of them and to the Heirs Executors and +Administrs. of the other of them in the penalty or Sum of Twenty +thousand pounds Sterling Money of Great Britain, firmly by these +presents (The Danger of the Sea only excepted). In Witness whereof the +said parties to these presents have hereunto Interchangeably set +their Hands and Seals the Day and Year within written. + +Sealed and Delivered + + WM. READ. +JOHN COOK. JONTH. NICHOLS. +SILAS COOKE. WILLIAM CORY. + ROBERT HASZARD, JUNR. + + +_161. Inventory and Appraisement of the Prize Willem. June 8, +1745._[1] + +[Footnote 1: Massachusetts Historical Society. The _Willem_ Galley, a +Dutch vessel trading between Amsterdam and Curacao, was seized by a +Havana privateer on charges of smuggling, was then retaken by the +_Revenge_ and _Success_, cruising together in consequence of the above +agreement, doc. no. 160, carried into Rhode Island, and condemned as a +prize by the vice-admiralty court there. An appeal was taken. The +briefs presented in the case when it came before the Lords +Commissioners of Appeal seven years later, Nov. 30, 1752, are in the +collection of such briefs mentioned in note 1 to doc. no. 157 as +belonging to the New York Public Library, and are described by Mr. +Paul L. Ford in Mass. Hist. Soc., _Proceedings_, XXV. 99. The question +was, had the _Willem_ become a Spanish ship. The Lords Commissioners +restored it to the appellants, Pieter Couwenhoven and other Dutch +subjects. The respondents were Capt. James Allen and others; one of +their two advocates was Dr. George Hay, afterward Sir George Hay, +judge of the High Court of Admiralty.] + +Inventory and Appraisement of the Prize Ship brought into this port by +Capts. Allen and Marshall with her Cargo. + +The Ship with her Appurtenances etc. L5000. 0. 0 + 12 Carriage Guns with their Tackle and Shott + and other Appertinences 1200. 0. 0 + 669 Seroons[2] Cocoa Wt. Nt. 606 C. 1 Qr. 14 lb. at L15 9095.12. 6 + 173 Bags Ditto Wt. Nt. 330 C. 8 lb. at L15 4951. 1. 5 + 165 Casks Ditto Wt. Nt. 246 C. 1 Qr. 16 lb. at L15 3695.17.10 + 122 Bbbls. Coffee Nt. 162. 3.18 + 32 Bags and 1 Chest Do. 49. 1.21 + 51 Large Casks Do. 323. 3.21 + --------- + 536. 1. 4, Nt. 60064, at 3s. 9009.12. 0 + 60 Hogsh'ds Sugar Wt. Nt. 444. 2. 23 at L8 3557.12.10 + 90 Ditto Wt. Nt. 662. 3. 11 at L7 4639.18. 9 + 56 Ditto Wt. Nt. 373. 1. 20 at L6 2240.11. 5 + 39 Ditto Wt. Nt. 236. 3. 20 at L5 1184.10. 8-3/4 + 17 casks of Allspice Wt. Nt. 4497 lb. at 2s. 6 562. 2. 6 +4524 Hides Wt. Nt. 103877 lb. at 16d. 6925. 2. 6 + 33 Tons of Wood and 6 Hundred at L45 Ton 1498.10. 0 + 9 Packs and 1 Cask of Indigo Wt. Nt. 1191 at 18s. 1071.18. 0 + 3 Chests with some Carpenters and Coopers Tools + and old Iron 30. 0. 0 + 16 Small Boxes of Chocolate 47. 0. 0 + 5-1/2 Brls. and 1 Qr. Brl. of Powder 110. 0. 0 + 1 Doctors Chest and Instruments 70. 0. 0 + 1 Chest of Tea in Cannisters 70. 0. 0 + 1 Box of Pins, Spectacle Cases and Thimbles 10. 0. 0 + 7 Remnants Cordage Wt. Nt. 4 C. 0 Qr. 21 lb. 62.16. 3 + 1 Basket of Nails Wt. Nt. 2 C. 20. 0. 0 + 1 Brl. and a small Parcel of Turtoise Shell + Wt. 43 lb. at 25s. 53.15. 0 + 4 Caggs of Powder Blew[3] Wt. 352 lb. at 2s. 6 44. 0. 0 + 60 lb. of Old Pewter and Copper at 3s. 6 10.10. 0 + 7 Casks of Lime Juice 5.15. 0 + 1 Bed Pillar and 3 Cushions 4.10. 0 + 2 Looking Glasses 1 Booke 7. 5. 0 + 5 old Tea Kettles 6. 0. 0 + Sundry old Earthen Ware, Pewter, Empty Cases, + empty Chests and old Rusty Tools etc. 20. 0. 0 + 1 Cag of old Butter 1. 0. 0 + 1 Brl. of Flour 1.10. 0 + 1 Case of Oyl 7. 0. 0 + 1 Basket of Nails and Paint 6. 0. 0 + 1 Case of Oyl part full 3. 0. 0 + 11 Old Mapps 1. 0. 0 + 8 Boxes of Sweet Meats 16. 0. 0 + 1 Box of Nails 2. 0. 0 + 19 Ironbound old Casks 25. 0. 0 + 1 Cask of Lamp Oyl 10. 0. 0 + 2 Boxes Shells 1. 0. 0 + 2 Cags pickled Limes 2. 0. 0 + 1 Case Spirrits 5. 0. 0 + 1 Tub of Cartridges 3. 0. 0 + 4 Hand Screws 10. 0. 0 + 1 Bag of Old Pewter 4. 0. 0 + 6 Blunderbusses 25. 0. 0 + 8 Cutlasses 8. 0. 0 + 5 old Pistols 5. 0. 0 + 11 Old Small Arms 33. 0. 0 + 1 Small Cabbin Table 10. 0 + 1 Large Coffee Mill 5. 0. 0 + 3 Jugs of Sweet Oyl 5. 0. 0 + 9 Boxes Thread qt. 285 lb. at 32s. 456. 0. 0 + 2 pr. Brass Scales with a Beam in a Case 12. 0. 0 + 14 Handkfs. 6. 0. 0 + 1 pc. Blew Silk 45. 0. 0 + 42 Doz. Mens and Womens Gloves 126. 0. 0 + 8 pc. Chince at L7. 10. 60. 0. 0 + 6 pc. Britannias 15. 0. 0 + 6 pc. Coarse Muslin 15. 0. 0 + 3 Gauze Handkfs. 4.10. 0 + 1 pr. Silk Stockings 2. 5. 0 + 6 pr. Embroider'd Vamps for Shoes and Slippers 6. 0. 0 + 3 Papers Thread 6. 0. 0 + 2 pr. Burdett 10. 0. 0 + 1 pc. Blew Callico 8. 0. 0 + Remnt. of Blew and White Linnen 4. 0. 0 + 15 Stone Rings 37.10. 0 + +[Footnote 2: A seroon, Sp. _seron_, was a bale or package made up in +an animal's hide.] + +[Footnote 3: Kegs of the blue powder used by laundresses.] + +In a Chest. + + 2 pr. Stockings and pr. Mittens 5. 0. 0 + 1 Bag of Segars[4] 5. 0 + 2 Skins 10. 0 + 8 ps. Dowlas[5] 80. 0. 0 + 1 ps. Table Linnen 45. 0. 0 + 6 ps. Silk and Cotton Stuff at L9 54. 0. 0 + 1 pr. Fustian Breeches, 6 prs. Sleezes and 2 pr. Cotton + Stockings in a Bag 12. 0. 0 + 1 pc. Coarse Linnen 16. 0. 0 + 4 pc. check'd Linnen 32. 0. 0 + 1 pc. Striped Do. 20. 0. 0 + 1 red Skin 1. 0. 0 + 2 pc. Cambrick 40. 0. 0 + 1 pc. Fustian 10. 0. 0 + 1 Coarse Table Cloth and 2 Napkins 1. 0. 0 + 1 Box of Glass 1. 0. 0 + 2 Large Pewter Plates or Dishes 4. 0. 0 + 1 Mettle Salver 15. 0 + 1 Brass Coffee Pot 1. 0. 0 + 3 Pewter Measures 15. 0 +24243 lb. of Varinas[6] Tobacco in Packs at 20d. 2020. 5. 0 +37127 lb. of Tobacco at 8d. 1237.11. 4 +44 Ozs. and 16 p.w. Gold at L24 p. Oz 1091. 4. 0[7] +463 Ozs. and 12 Gr. Silver at 33s. p. oz. 764. + ------------ + L61631.12. 2 + +[Footnote 4: Up to 1800 cigars were almost unknown in the continental +colonies; North American smokers used pipes. In the West Indies, +however, where Columbus in his first month encountered the cigar, and +in South America, the cigar was the customary form and the pipe was +almost unknown.] + +[Footnote 5: Dowlas was a coarse fabric of linen; fustian, mentioned +just below, of cotton.] + +[Footnote 6: Varinas is a district in Venezuela from which came a +tobacco especially good for the making of cigars.] + +[Footnote 7: This sum should apparently be L1075 4s. Also, the sum +total, below, is not quite correct; but, even in depreciated Rhode +Island currency, it was a sum worth contending for in prize courts.] + +Given under Our Hands at Newport this 8th Day + of June 1745. + +Signed by + WM. STRENGTHFIELD. + WM. MUMFORD. + GEORGE WANTON. + +[Endorsed:] An Acct. of Dutch Ship _William_ + Cargo a Prize. + + +_162. A Proctor's Account. 1745._[1] + +[Footnote 1: Massachusetts Historical Society.] + +Zachariah Bourryau Esqr. Dr. to John Smith. + +Foster Cunliffe Esquire[2] and others Owners of the Ship Called the +_Angola_[3] whereof George Smithson lately and Philip de Anieta +afterwards was Master and her Tackle, Apparel and Furniture and Also +of the Goods, Wares and Marchandize Laden therein Agt. James Allen +Commander of the Private Ship of War _Revenge_ and James Wimble +Commander of another Private Ship of War _Revenge_.[4] + +[Footnote 2: Foster Cunliffe (1682-1758) was one of the chief +merchants of Liverpool, if not indeed the chief, thrice mayor, "a +merchant whose sagacity, honesty, and diligence procured wealth and +credit to himself, and his country", says his monument in St. Peter's +Church--and one of the first to appreciate and utilize the advantages +of the African slave trade. H.R. Fox Bourne, _English Merchants_, II. +55-57; Enfield, _History of Liverpool_, p. 43.] + +[Footnote 3: The _Angola_ (the name indicates a ship engaged in the +African trade), on her way from Jamaica to Liverpool, had been +captured by the Spaniards and then retaken. Gomer Williams, _The +Liverpool Privateers and the Liverpool Slave Trade_, p. 659. For the +law in such cases, see doc. no. 150, note 8.] + +[Footnote 4: Enclosed in a letter of Rear-Adm. Sir Chaloner Ogle to +the Privy Council, Feb. 19, 1744, is one of Dec. 3, 1743, from "James +Wimble, captain of the English privateer _Revenge_, lately cast away +upon Hispaniola". _Acts P.C. Col._, VI. 260.] + +In a Cause of Appeal from the Vice Admiralty Court at Rhode Island to +the Lords Commissioners of Appeal for prizes. + +_Aprl. 1745._ + +For Proctors retaining fee L0. 6. 8 +For Attending Several times at the Admiralty Office and + looking up the Proceedings 13. 4 +For Attending before the Lords and Exhibiting for the parties + Appellate when the Cause was Assign'd for Sentence and + Informacon next Court day 1. 6. 8 +Coach hire and Expences 6. 0 +For Compounding for the Process and Attending 1.18. 8 +For Perusing the Process 13. 4 +For making answers and Abbreviating the Acts 1. 6. 8 +For Copies for Council 16. 8 +Acts of Court 10. 8 +Clerks and Officers 2. 6 +Sportulage 2. 6 + -------- + L8. 3. 8 + -------- + +Trinity Term 1745 + +Term fee 6. 8 +For drawing A long Allegation in Acts of Court 13. 4 +For a Copy of a long Allegation in Acts from the Adverse + proctor 10. 8 +For a fair Copy of the whole for the Court 13. 4 + +_July 15._ + +Attending at the Cockpit when their Lordships decreed + Restitution of the Ship and Goods paying one Moiety + for Salvage 1. 6. 8 +Coach hire and Expences 6. 0 +For Attending upon the Register and Settling the Interlocutory + Order 0. 6. 8 +Register Bill for Order of Court 1.16. 8 +Acts of Court 13. 4 +Sportulage 6. 8 + --------- + Total L15. 3. 8 + +JOHN SMITH + +London January 31th 1746/7 I hereby do Certifie, that the within is a +true Copy of the acct deliver'd me by Mr: John Smith Proctor, witness +my hand + +ZACH: BOURRYAU. + + +_163. A List of Gunner's Stores._[1] + +[Footnote 1: Massachusetts Historical Society.] + +Gunners Stoors + + 8 Barrels of Powder + 50 dubbel headed Shot +500 lb of Musket Baals for great guns and Swivel and small Arms + 6 bunches of gun Match + 6 lb of fine Brimstone + 3 lb of Saalpeter + 2 lb of Rossin + 5 quire of Cathress[2] Paper + 8 quire of White Paper for Small Arms, Cathress + One hand Vice + 4 Ladels for the great Guns + 2 Ladels for the Swivell guns +500 Iron Shot for the Swivel guns + Scheat Led for the guns +400 hundred of Flints + 12 thomkans[3] Swivel guns + 6 thomkans for great Guns + 4 gunners handspeak[4] + 5-1/2 lb of brown thred + 2 dozen of Cathress Needels + 6 Sail Needels and 2 plaats[5] + 4 Schains of twine 2 Lines for thomkans + 6 Schains of Maarlen[6] + 6 blocks for gun takels and 24 fadem of roop for guntakels faals[7] + 3 Caases for Powder flaaks[8] + 2 fyles and 4 bitts for the guns + 2 Iron Schouranrod[9] for the Small Arms + To thousand off pump heals + Half a Gallon of Sweet oyle + +[Footnote 2: Cartridge.] + +[Footnote 3: Tomkins, old form for tampions, the plugs set in the +muzzles of cannon.] + +[Footnote 4: Handspike.] + +[Footnote 5: Plates.] + +[Footnote 6: Skeins of marline, soft line used for seizings.] + +[Footnote 7: 24 fathom of rope for gun-tackle falls.] + +[Footnote 8: Flasks.] + +[Footnote 9: Scouring-rods, ramrods.] + + +_164. Suggestions as to plundering Hispaniola._[1] + +[Footnote 1: Massachusetts Historical Society. Inserted as a specimen +of a kind of information, useful to marauders, which privateers often +brought home. The fragment is undated, but it is one of the papers of +the _Revenge_, presented to the society by Professor Norton, and is no +doubt of the same period as those which precede. It relates to the +French or western part (now Haiti) of the island of Hispaniola; for +the war with Spain which had begun in 1739 had widened in 1743 into a +war with France also, the "War of the Austrian Succession", which +continued till 1748.] + +The Tradeing Vessells from France that comes to Highspanyola puts in +At St. marks where They Sell Some part of their Cargo payeble in +Indego from thence they go to Lugan, Pettygouas, and queldesack[2] to +Sell The Remainder of their Cargo and Load with Sugars and then Return +to St. Marks, to Take in their Indego. their is a plain that is Called +Lertibonnee[3] adjoyning to St. Marks. The Inhabitants have Two or +Three Hundred negros a peice. The plantations Lye near the water Side +and it is Very Easey Landing and no fortafacations. in Sending of a +man a Shore That can Speak french to the negro Houses to ask to Speak +to the negro Commander promise him his freedom and a Little money. by +that means he will Bring all the negros to the water Side. If your +Intent is to Cruce off Cape francoy,[4] Mr. Granshon merchant Their +Expects a Sloop from Portobello[5] The Latter End of august or the +Begining of Sepr. which went from their Richley Loded aboute Three +months ago, and is Expected Home with one Hundred and fifty Thousand +Peices of Eight on Board. Their is allways Vessells comeing to Buy +Goods at the Cape from the Havannah, Carthagena and Portobello, which +bring their money to buy the Goods. + +[Footnote 2: St. Marc is in the middle coast of Haiti, at the east +side of the great bay that indents the island from the west. Leogane +and Petitgoave lie at the south side of that bay. The Cul-de-Sac is +the great plain, then famous and rich for sugar, which lies north of +Port-au-Prince, at the southeast corner of that bay.] + +[Footnote 3: L'Artibonite.] + +[Footnote 4: Cap Francois, now Cap Haitien, on the north coast of +Haiti. It was the capital of French St. Domingo.] + +[Footnote 5: At the Isthmus of Darien.] + +and If you are Desirous to know how affairs are at the Cape you may +put a man ashore that is quallafyed at the poynt above the Fort at the +mouth of the Harbour which is called Laurosh Uptecoly[6] where their +is a Very good Landing place and where he will find a main Road four +mile Distance from the Cape. If it should be Demanded of Him who he is +and where he came from, That he is a Conotur[7] and that he comes from +Dechonse and is a Seeking to put himself In partnership with Some +person to go a fishing. If you are Intended to Cruce off St. Luce[8] +you may be sure that their will Sail Eight or Ten Ships from thence +the Latter End of august or the Begining of Septr. which Some of them +to my Certain Knowledge will Have a Considerable Quantaty of money on +Board. aboute the middle of Lillavash[9] Steering towards the Shoar +Between a Small Town Called Lacoy[10] and another Town Called Turbeck +their is a Landing place called Levieuxbourk where you will See a +Single House by the water Side where their Lives a Cooper that has +told me Several Times that he was Very Desirous to go and Live among +the English. address your Self to Him and He will Direct you how to +get the negros off the Neighbouring plantations which Lye near the +water Side and no fortefacations. Inquire their for Mr. Kennotts House +who Trades Largly with the English and Tell him that you Have got +Flower, Beef and negroes to Sell on Board. you anchoring at Lillavash, +He will Come and Bring other Inhabetents on Board to Trade with you +and by that means you may Keep them and make them Pay a good Ransome +for their Visitt. + +[Footnote 6: La Roche au Picolet.] + +[Footnote 7: Canoteur, canoe-man.] + +[Footnote 8: St. Louis, on the south side of the western or Haitian +end of the island.] + +[Footnote 9: L'Ile a Vache, a small island lying off the shore a few +miles southwest of St. Louis.] + +[Footnote 10: Les Cayes, perhaps better known as Aux Cayes, now a town +of some importance on the south shore of Haiti, some ten miles west of +St. Louis. Torbeck and Le Vieux Bourg, next mentioned, are near it.] + + + + +THE _PRINCESS OF ORANGE_. + + +_165. Record of Trial (Libel, Bill of Sale, Owner's Letter, Bills of +Lading, Declaration, Affidavit, Portledge Bill, Depositions). June 11, +1741._[1] + +[Footnote 1: This record, in which are embedded a variety of documents +characteristic of privateering procedure, is from pp. 163-183 of a +volume of records of the vice-admiralty court held in Philadelphia, +1735-1746, now preserved in the office of the clerk of the U.S. +district court in that city. The only other records of that +vice-admiralty court known to be still preserved are contained in a +second volume comprising (a) records of that court, 1748-1757 (mostly +1748-1751), (b) records of the state court of admiralty, 1776, and (c) +records of the U.S. district court, 1789-1795. The vice-admiralty +court was apparently held in a room over the market-house at Third +Street. David Paul Brown, _The Forum_, I. 264. + +The story of the Spanish or Dutch snow _Princess of Orange_ may be +further illustrated from the pages of Franklin's paper, the +_Pennsylvania Gazette_, of Thursday, Apr. 9, 1741. "Friday last +arrived here a Spanish Snow laden with Wine, taken at Aruba, and sent +in by the _George_, Capt. Drummond, of this Port. She came from +Teneriffe, and had a Pass from the Dutch Consul, but no Dutchmen on +board: On Account of this Pass, the Governor of Curasoa sent out a +Vessel to demand the Prize of Capt. Drummond, but he refus'd to +restore her, fir'd at the Dutchman and beat him off. Before the Taking +of this Snow, Capt Drummond had taken two Sloops, one was sent into +Jamaica and condemn'd there, the other being a good Sailer, he has +fitted out for a Tender, with 30 Men, and Arms suitable, under the +Command of Capt. Sibbald; she is call'd the _Victory_. On the 16th of +February, the _George_, the _Victory_, and the Prize Snow, being in +Company off Hispaniola, were chas'd by two Men of War, which they +suppos'd to be Enemies; the _George_ and _Victory_ left the Prize, and +she was taken; but the _Victory_ falling in with the Grand English +Fleet two Days after, found they were English Men of War, who had +taken the Prize, and she was restor'd to Capt. Sibbald, by Order from +Admiral Vernon. The _Victory_ convoy'd her thro' the Windward Passage, +and return'd to look out for the _George_, from whom she Parted in the +Chase." + +The _Gazette_ of May 28 chronicles the arrival, May 24, of the sloop +_Victory_, Sibbald, and gives an account of a glorious fight, May 15, +in which Capt. Sibbald, attacked simultaneously by a Spanish ship and +sloop, had beaten both off. His owners rewarded his valor with a +present of a silver-hilted sword. The _Gazette_ of June 4 adds, "This +day arrived the _George_ Privateer, belonging to this Place, from +Jamaica. Capt. Drummond, who commanded her, died on the Passage". See +also _Memorial Hist. Phila._, I. 246, 247.] + +At the Court of Vice Admiralty held at Philada. for the Province of +Pensilvania the 11th day of June in the fifteenth year of the Reign of +our Sovereign Lord King George the Second, Annoque Dom'i 1741.[2] + +[Footnote 2: The reign of George II. began on June 11, 1727; +accordingly June 11, 1741, was the first day of his fifteenth year.] + +Before the Hon'ble Andrew Hamilton, Esqr., Judge of the said Court. + +A Libel exhibited by John Sibbald[3] formerly Lieut. now Capt. of the +Sloop of War named the _George_ was read in these words. + +[Footnote 3: Later in the war Sibbald greatly distinguished himself in +a privateering voyage in command of the _George_ (cruising in company +with the _Joseph and Mary_, refitted prize, in 1742) and of the +_Wilmington_. _Memorial Hist. Phila._, I. 247; _Pa. Mag. Hist._, I. +247, XXXII. 466. In the next war he was commander of the province's +frigate _Pennsylvania_, from 1757 to 1759. _Pa. Archives_, III. 190, +658. The ships' register of the port of Philadelphia shows the sloop +_George_, of 50 tons, John Sibbald owner, sailing out on this present +voyage Nov. 12, 1740. _Pa. Mag. Hist._, XXIII. 513.] + +Pensilvania, in the Court To the Hon'ble Andrew + of Vice Adml'ty Hamilton, Esqr., Judge +ss. of the Court of Vice Admiralty + for the Province + of Pensilvania.[4] + +[Footnote 4: Andrew Hamilton the elder (1676-1741), the most famous +lawyer of Pennsylvania, defender of John Peter Zenger, constructor of +the State House (Independence Hall), speaker of the assembly +1729-1739, was admiralty judge from 1738 to 1741. He died a few weeks +after this trial, Aug. 4, 1741. For a sketch of him, see _Historical +Magazine_, XIV. 49-59.] + +John Sibbald, now Captain and Commander of the Sloop of War named the +_George_, of the Burthen of Fifty Tons, mounted with twenty-four guns +and now riding at Anchor in the Port of Philadelphia, gives the Court +here to understand and be informed, That the Sloop afd. was equipped, +victualled, fitted out and armed at the proper Costs and Charges of +himself and others, owners of the said Sloop, Inhabitants of this +Province and Subjects of his present Majesty George the Second, King +of Great Britain, France and Ireland, Defender of the Faith, etc. and +that Seth Drummond, late of Philada., Mariner, deceased, then being +Captain and Commander of the said Sloop, was on the eleventh day of +Octr. one thousand seven hundred and forty duly authorized and +commissioned with the same Sloop as a Vessell of War or Privateer to +Take, Seize, make Prize of or destroy any of the Ships, Vessells, +Goods or Effects of the King of Spain or belonging to any of his +Vassells or Subjects or others inhabiting within any of his Countrys, +Territories or Dominions.[5] That He the sd. Seth Drummond, being so +authorized and Commissioned with his Marriners, Sailors and Soldiers +on board the said Sloop, afterward (that is to say) Between the first +day of January in the year of our Lord one thousand Seven hundred and +forty[6] and the first day of April one thousand Seven hundred and +forty one, on the High Seas and within the Jurisdiction of this Court +did discover, pursue, apprehend and as lawfull Prize did take from the +Subjects of the said King of Spain and others inhabiting within his +Countries, Territories and Dominions who then were and still are the +open and declared Enemies of his said Majesty King George, One Vessell +commonlly called a Snow of the Burthen of Eighty Tons or thereabout, +and one Cannoe, with their Tackle, Furniture and apparel, together +with the Ladings of the sd. Snow and Cannoe, consisting of One hundred +and Seventeen Pipes, Ten Hogsheads and two Quarter Casks of Wine the +growth and Product of the Island of Teneriffe, one of the Territories +of the said King of Spain, fifty and Six marble Mortars and nine +dropping Stones, and two Negro men, which Snow, Cannoe, Wine and +Negro's, Mortars and Stones, at the times of their several Captions +were belonging to and the Right and property of the Subjects of the +said King of Spain and others inhabiting within his said Countries, +Territories and Dominions, who were and are the open and declared +Enemies of his said Majesty King George. Wherefore the sd. John +Sibbald, for himself and the other Owners of the sd. Sloop, prays +this hon'ble Court, the premises being proved, That the sd. Snow, Wine +and Negroes may be adjudged and condemned for the Use of the Owners of +the sd. Sloop and other the Captors aforesd. as lawfull Prizes and +Purchase of War according to the Laws Marine, Laws of Nations and +Customs of War. + +JOHN SIBBALD. + +[Footnote 5: The letter of marque, dated Oct. 11, 1740, is recorded in +this same manuscript volume, p. 143. It names Seth Drummond captain, +John Sibbald lieutenant, William Dowell (see under June 23, below) +master.] + +[Footnote 6: 1740 by old style, the new year beginning Mar. 25; by new +style, 1741. The capture of the _Princess of Orange_ took place Feb. +24, 1741, N.S. (Feb. 13, O.S.), near Aruba.] + +Whereupon Proclamation was made, If any one hath ought to say why the +Snow, Wines, etc. in the sd. Libel ment'd ought not to be condemned as +lawfull Prize, let them come forth and they shall be heard. And none +appearing to do this, The Court adjourned till Saturday the 13th inst. +at 10 o'clock. + +_June 13th._ The Court met. + +The Libel read and Proclamation made a second time and Juan Milidony, +the late Master of the said Snow, being sent for comes into Court, and +John Jordan and Patrick Orr, Persons well skilled in the Spanish +Language, were sworn faithfully to interpret between the Court and the +sd. Milidony as also faithfully and truly to translate all such Papers +relating to the Capture and Prize aforesd. as shall by the direction +of the Court be laid before them for that purpose, as well on the Part +of the Captors as on the Part of the Claimers if any such shall +appear. + +The Judge then informed the said Milidony of the Mode of proceeding to +be observed by the Court and ordered all the Papers taken in and with +the said Snow to be produced. Which being done, notwithstanding the +sd. Milidony did not offer or give the Security required of a Claimer +by the Act of Parliament, The Judge permitted him to view and point +out any Papers he pleased in order to satisfy the Court that it was no +lawfull Prize; which he did without alledging or so much as +insinuating the Loss or Embezilment of any Papers. + +The Judge then directed that the Preparatory Examinations should be +taken, and translations made of the material Papers in order for +Tryal. + +Accordingly _June 23d_, the Proofs being prepared, + +The Court met + +The Libel read and Proclamation made a third time. William Dowell,[7] +Sworn, says That upon the Death of Capt. Drummond he succeeded as next +Officer in the Command of the _George_ and took possession of the +Prizes Papers and that he hath exhibited the same all into Court +without addition, subduction or Embezilment to his knowledge. + +[Footnote 7: Captain William Dowell died in 1768, _aet._ 49, "a good +husband, a sincere friend, and an honest man", so says his tombstone +in Christ Church yard. He had an important part in the privateering +expeditions from Philadelphia in this war. In the _Memoirs_ of Peter +Henry Bruce, chiefly occupied with his service in the Russian army +under Peter the Great, but ending with a narrative of military +engineering services in the Bahamas and South Carolina, that author +gives an account (pp. 403-408, 421) of the capture of two rich Spanish +prizes in September, 1742, "by John Sibbald of the _George_ schooner, +and William Dowall, of the _Joseph and Mary_ sloop, both privateers +from Philadelphia", who brought them into New Providence; and he +vehemently accuses Governor Tinker of defrauding them and their +Philadelphia owners by machinations lasting all through that winter. +"All our Privateers", he adds, "intended to have made this place their +general rendezvous; but the treatment Sibbald and Dowall met with, +prevented any from coming near us". Later, May, 1744, the journal of +William Black shows Dowell as again commander of the _George_ +schooner, 14 carriage and 18 swivel guns, then fitting out in the +Delaware; and in 1746 he commanded the _Pandour_ privateer. _Pa. Mag. +Hist._, I. 247, XXXII. 465.] + +Then the Proofs were exhibited as follows, viz. + +1. A True Translation from Spainish to Inglish of Mr. John Malidoni's +Bill of Sale of the Snow _Princess of Orange_-- + +Be it Knowen that I John Melidoni, of the Dutch Nation, residing in +this Village and Port of Sta. Cruz de Teneriffe, Grants and +a[c]knowledges by this prest. Bill of Sale that I do now and forever +really and effectually from hence forward sell and bequeath unto Mr. +Peter Doscher, junr. of said Dutch Nation, Mercht. in this expressed +port, To and for him and whomsoever he may represent, a Dutch[8] Snow +named the _Princess of Orange_, burdening (a little more or less) one +hundred Tuns, with her Masts, yards, Cables, Rigging, anchors and +other adherences or Necessarys that shall be found on board of her +and contained in the Inventory that I have delivered to the Buyer, +which are my property and free from Mortgages and other Ingagements, +which I came by and bought after the Conclusion and end of a Process +which was carried on in the Court of Admiralty before Mr. Peter Joseph +Ferrer, one of the Notary Publicks of this Island, Sub-delegated by +the intendent General of Marine in Cadiz, first officer of said +Admiralty Court,[9] as appear by a Certifacation thereof, to which for +the firmness of this Instrumt. (this day dispatched at my request) I +reffer. this I do for the Condsid[er]ation and price of one thousand +and five hundred Dollars Exrs.[10] of eight royals of plate each, and +In conformaty to an agreemt. concluded between us for sd. Snow, and I +do hereby acknowladge the said Buyer has given and paid me the above +mentioned Sum in ready usefull Currt. mony of this Island, and whereas +sd. money's are really and Effectually in my Possession and were not +Delivered me in the Presence of a Notary Publick that he might give +faith thereof, I Confess myself to be contented, Satisfied and to have +my intire Satisfaction, reced. Said Sum, and therefore revokes and +renounces the Laws of Delivery's, Payments and all others that might +be in my favour, and for the Said Sum of one thousand five hundred +Dollars I do here in due form give him my full recept and aquittance. +I declare them to be the just Valuation and true Price specified in +sd. Inventory of Sd. Snow and all annexed and appertaining to her. And +I further Declare, that they are not worthe more, and that if at +prest. or at any other time they should be seen and Deemed to be of +greater Value, be it much or little, I do hereby freely and actually +give and bequeath it to said Byer and his heirs, and renounces all +rights and titles thereunto, and all Laws and Customs that might give +me any right or Title to them, and so resignes the whole Propertey I +had in them and Transfer it unto him the said Buyer and his heirs, +that he, they or any other Person he shall name, may administer, owne +and Govern her as he shall think Proper, and I give him full power and +faculty to comprehend his Possession when and as he pleases, and +untill he takes it I constitute myself the Possessor, ready and +willing to Deliver whenever he shall demande her; and as the real +Seller of Said Snow, I oblidge myselfe, personal Estate and moveables +that I Possess or may hereafter Possess, for his Peacable Possession +of her, and I give his Majesties Justice and Judges full Power to +oblidge me so to do, and that with the Same authority as they can do +in Cases and Causes already Sentenced. And I again renounce all the +Laws and Customs in my favour and makes this Bill of Sale in due form +in this Village and port of Sta. Cruz de Tenerife the 13th December +1740. The maker of this Instrument that I the Notary Publick, do give +faith, Knows, and that he Sayed, I freely Grant and Sign this in the +presance of the Witnesses Don Arnoldo Vane Stemfort, Consul General of +said Dutch Nation in this Island,[11] Peter Dufourd and John Anthonay +Ganancho, all Livers in this Village. John Melidoni's, made before me +Joseph Vianes de Sales, N. Publick. Agrees with its original made in +my office and remains in my Register, to which reffers and Sign + +In Testimony of the Truth + +JOSEPH VIANES DE SALES. + +N.P. + +[Footnote 8: Originally Irish; see the testimony of Gaspar Fajardo, +below, 9.] + +[Footnote 9: Under Spanish law, at this time, cases of prizes taken on +the high seas fell under the jurisdiction of the _intendente general +de marina_ for the nearest district, with appeal to the council of +marine.] + +[Footnote 10: It is probable that the original read "dollars of +exchange", in which Spanish reckonings were sometimes made. They were +inferior dollars, worth only about four-fifths as much as the standard +Spanish or Mexican dollar. "Eight royals of plate" means eight reals +of silver.] + +[Footnote 11: Appears also in doc. no. 142, as do also Dufourd and the +notary Joseph Vianes de Salas.] + +We underwritten Certify that Joseph Vianes de Sales, before whom it +appear the above Instrument was made, is a Notary Publick of this +Village, and that faith and Credit is and has been given to him and +his Instruments and we now give testimony of the Same. + +FRANS. BETOM LONALT. PETER JOSEPH FERRERA, N.P.K. +SANIONY BIMENTEL, N.P.K. ROGUE FRANS. PENEDO, N.P.K. + +2d. A True Translation of Mr. Peter Doscher's jun's. Letter wrote in +French from Sta. Cruz de Teneriffe To Mr. Mestre in Curacao, viz. + +STA. CRUZ DE TENERIFFE, the 7th Ocbr. 1740. + +Mr. Mestre. + +_Sir_, + +The Bearer hereoff by Gods assistance will be Capt. John Melidoni, +Commander of the Snow _Princess of Orange_, which I take the Libertay +to address you with her Cargo and here Inclosed you'l find Invoice and +Bill of Lading for the Same made in your favour, or in your absence to +Messrs. Rodier and Le Cire, and I beg of you, Sir or Gentlemen, that +you will be Pleased to make the most you possibly can of them. this is +for a Tryal and if it Turns to Acct. shall Continue more Largely +hereafter. + +The 50 pipes marked A.R. are Numbred on there heads from No. 1 to 50, +and are made wines to Imitate those of Madera's, and are in Cask of +the Same Largeness and Fabrick and I asshure you of a good Quality. +The 30 pipes marked V.P. are on the Lies;[12] they are the wines we +Call heare Vidono,[13] there pipes larger then those of the Maderas. I +beg you'l procure me the best Sales you Possibly can for the whole 80 +pipes; be it eather for Mony or in barter of some other goods that may +be Pres[en]ted and without Limiting you to any Thing, for I am +Confidant you will have my Interest at heart as if your own. Pray Open +a Seperate Acct. for the 30 pipes marked V.P., for Possibly I may +Resign the Amount of them over to an other person, but in that case +you'l be Pleased to Detain 450 Dollars in your hands for there +freights at the rate of 15 Dollars each Pipe and 5 p. Ct. more for the +Average[14] on the freight of them, that you'l please to pay the +Capn., that is to Say only the Meer 5 p. Ct., for the 450 Dollars must +be Clear of all Charges, and that altho they Came to hand full or +Empty. if they Sell for Money must deliver the Money, if in Barter +deliver the Comoditys you barter them for, not omiting to detain there +freights and joyining it to the Acct. of the 50 pipes. + +[Footnote 12: Lees.] + +[Footnote 13: Vidonia, a dry canary.] + +[Footnote 14: A payment which owners of goods made to the master, in +proportion to their consignments, for his care of the goods.] + +The remainder of the Cargo belongs to the Capn. here Inclosed you'l +find a writing or Bill of Sale made before a Publick Notary of the +Vesels being Sold to me, which I Judge proper to Send that no +Difficulty's may arise in the Sale of the Vessel, and for that end I +also Enclose you my power of Attorney, that you might act as you Shall +Judge Proper and in Vertue of them I beg you'l Please to use your +outmost indeavours to Dispose of her. She Cost me, put to Sea, 2000 +Dollars, however you may Let her go if can do no better for 1300 +Dollars or less, if the Capn. is willing; altho it appears as if She +belonged entirely to me, he's half concerned in her so that you'l +Please to act in conformity with him in Sale of her. if you Sell her +pay him his half of the neat Produce of what she sells for, and the +other half must be joyned to the Neat proceeds of the 50 pipes before +mentioned, and to make one Acct of them. Pray also pay Said Capn. 195 +Dollars and no more for the difference of freight due to him according +to our Contract. + +Supose you cannot Possibly Sell the Vessel (which I again Earnestly +begg you'l indeavour to do) must then Procure her a freight and Partly +load her out of the Neat Proceeds of the wines and procure the residue +of her Cargo from your friends. in this Case you and the Capn. will be +Pleased to contribute Each one half of the Charges the Vessel will be +at to Set her out to Sea, not omiting a Passport from your +Governor[15] Such as he now has from the Dutch Consul here. you are to +give the Capn. necessary instructions for his Voyage. if it Should be +for Amsterdam, you must address both Vessal and Cargo to Mr. Petter +Doscher, and if for any other Port may Consigne her to whom you +Please, ordering the Produce of both freight and Effects to be remited +to Said Mr. Doscher of the Capital you intend to Passe into his hands +that he might if Should be thought proper cause it to be Insured. if +the Capn. Should die in the Passage (which God forbid) you must then +after the arrivall of the Vessell put in one to your Satisfaction and +also procure the Sale of his 45 pipes of Malvasia[16] and Vidono +wines, and Remit there Neat proceeds with a Seperate Acct. to said Mr. +Doscher, and in Case I should not resign over the Amt. of the Said 30 +pipes V.P. you must also remit there Net proceeds and a Seperate Acct. +to said Mr. Doscher, and joyn the 450 Dollars to the Acct. of the 50 +pipes. You are to pay one half of the mens wages and the Capn. the +other half, deducting what they have recevd. as p. Said Cap's. +Catalogue. In short, altho I notte you all these Circumstances yett I +beg your Principall imply[17] may be in the Sale of the Vessel for as +much as she will fetch, and Persuad the Captn. that it is his Interest +if he rightly Considers the Charge of Victualing and seting her out +for a Voyage to Holland, to which I begg your Particular attention. + +[Footnote 15: The Dutch governor of Curacao.] + +[Footnote 16: Malvasia (Gr. Monemvasia) was a town on the southeast +coast of Greece. The term malvasia wine, or malmsey, was originally +used of a wine coming from that locality, but afterward, as here, of +certain madeiras.] + +[Footnote 17: Employ.] + +Enclosed you'l find a notte of what the mens wages amount to monthly +and so also a paper in Vertue of which you'l make the Capt. pay you +120 Dollars. I begg you'l Lett me know via Holland or per first +Opertounaty the Success of this Enterprise. interim I remain with +Humble Submission + +Sir + +Your Most Humble and obt. Ser't, + +P. DOSCHER, Junr. + +3d. Invoice of the following pipes of Wine laden for my acct. and +risque to the Island of Curacao upon the Dutch Snow called the +_Princess of Orange_, Cap. John Melidoni, and to the Consignation of +Mr. Mastere, In his absence to Messrs. Rodier and Lecier Dwelling +there, Markt as in the Margent-- + +M.R. No. 1-50 Pipes of Vidonia Wines In Casks as they are at the + Island of Madeira, Drawen from the Lees. + +V.P. 30 Ditto. upon the Lees in Casks of this Island being + Larger then those of Madeira. these Last are to + pay 450 ps. of 8/8 Freight, which Freight Mony + you are to retain out of the Sales and folow my + orders therewith. + +C.M. 18 Pipes of Vidonia } + Z. 3 Do. Malmsey } + Z. 1 Do. Malmsey in 2 half pipes } These pipes of + Z. 1 Do. Malmsey in 4 Qr. Casks } Wine are the + C. 15 Do. Vidonia } property of + D.N. } Capt. John + I. 45-1/2 } Melidoni. + C. } + D.N. 5 Do. Malmsey. } + O. 2-1/2 Do. Malmsey } + 125-1/2 pipes Vidonia and Malmsey } + wines. } + +STA. CRUX, THENERIFFE, 16th Xber[18] 1740. + Errors Excepted + P. DOSCHER, Junr. + +[Footnote 18: December. All these dates written in Teneriffe are +new-style dates.] + +4. Translation of one Bill of Lading, viz: + +I John Mellidoni, Master under God of my Ship named the _Princess of +Orange_, now Laying ready at the Island of Theneriffe, to sail with +the first good and fair Wind God shall Send, to Sail for the Island of +Curacao, where my rightfull discharge is to be. + +I acknowledge to have recd. under the Deck from you, Mr. Peter +Doscher, junr. + +M.R. Fifty pipes of wine + +V.P. Thirty pipes of wine, all Dry and well conditioned and marked as +in the Margent, all which I promise to deliver if God Grants me a Safe +Voyage with my Ship at Curacao aforesaid, to Mr. Mestre, and In +absence to Messrs. Rodier and Lecier, or to his Factor or Deputy, +paying me for the freight thereof according to agreemt., with avaridge +according to the Custom of the Sea, and to fulfill what is aforsaid, +I bind my Selfe, all my goods, and my said Ship, with all her +apparell. In testimony whereof I have Sign'd 4 Bills of Lading with my +name, or my Clerk in my behalf, all of one tenour, one whereof being +fullfil'd the other to Stand void. written in Sta. Crux upon the +Island Theneriffe the 16th Xber 1740. + +Insides and Contents unknown. + +JAN MILIDONY. + +The Translation of the Substance of 2 other Bills of Lading viz-- + +1st. + +1. DCN. 18 pipes Vidonio wines of the outward marks.[19] +2. C M. 5 pipes Malvasia wines in whole pipes 2 half pipes +3. C M. and 4 quarter Casks +the residue Z. 1 Bag of venice Thread buttons + 2 quarter cask Vidonio of the first mark + 1 Bar'l. of Raisons and figs + 8 Distil Stones + 60 Stone Mortars + 1 Bag of Venice thread buttons cont'g 504 gross + +All Shipped By Capn. John Milidoni on bourd the Dutch Snow Call'd the +_princess of Orange_, whereof he is Mr. and are for his proper Acct. +and Risk, Consigned to himself, in his Absence to Mr. Mastre and in +the absence of both to Messrs. Rodier and Le Cire In Curacao. + +2d. + +DCN. 15 pipes Vidonio wines of the without mark.[19] +DCN. 7-1/2 idem Malvasia wines in 5 whole pipes and + 5 half pipes of the without mark. + +[Footnote 19: _I.e._, with marks like those here given in the margin.] + +All Shipped by Capn. John Milidoni on board the Dutch Snow Called the +PRINCESS OF ORANGE whereof he is Mas'r. and for Acct. of the new +Company in Venice[21] Consign'd to himselfe, in his absence to Mester, +and in the absence of both to Messrs. Rodier and LeCire in Curacao. + +[Footnote 21: Not identified.] + +5. Translation of Anthony Pereda's Declaration. + +Declaration of Anthony Pereda Stower of the first that was loaded on +the Ship _Princess of Orange_ for account of Andrew Jayme born in the +City of Laguna[21] Eighteen or Twenty Pipes of wine, Secondly Mr. +Stephen Pereda has loaded for his Acct. thirty pipes of wine, born in +the City of Laguna I can Swear under my hand 11th of February 1740. + +ANTHONY PEREDA. + +[Footnote 21: San Cristoval de la Laguna, an old town on Teneriffe, +four miles inland from Santa Cruz.] + +6. Translation of a Spanish paper Signed by The Spanish Seaman. + +This we write to Declare that the Snow called the _Princess of Orange_ +and the Cargoe belongs in truth to the Spainish Merchants, and the +Dutch Pass and Colours were only for a pretext in the affair; for +which we have Set our names in testimony of the Truth upon Oath +declaring to be forced neither by the Capn. nor any of the officers +nor by imprisonment, one the contrary have been well used. Eleventh of +February 1740. + +GASPAR FAJARDO. +JOHN GONSALES YANES. +VINCENT ANTONIO. +FRANCIS RODRIGUES. +FRANCIS TABIEL. +ANTONIO PEREDA. + +7. The affidavit of the Spanish Sailors taken before James Abercromby, +Judge Advocat to the Army before Carthagene.[22] + +[Footnote 22: In the summer of 1740, when the expedition against +Cartagena, under Vernon and Cathcart, was being planned, Capt. James +Abercromby was made judge-advocate-general to the military forces. +_Gent. Mag._, X. 358. This was the same Abercromby who afterward +failed so lamentably as commander-in-chief of the British forces in +North America, and at Ticonderoga, 1758.] + +This day personally appeared before me Captain Seth Drummond of +Philadelphia and Commander of a Privatteer Sloop Called the _George_ +bringing along with him three Spainards Called Geronimo Faxardo, +francisco Roderigues, and Antonio Pereda, who being duely Sworn by the +Siegn of the Cross, being the manner of their Nation, do Depose that +on the Twenty fourth of February last past, New Stile, a little to +leward of the Island of Aruba,[23] in the West Indies, they being in a +Snow come from the Island of Thenerife called the _Princess of Orange_ +and Commanded by Capt. John Melidoni Loaded with wine, were taken by +the above Capt. Drummond and they further Depose that notwithstanding +their Said Captain Melidon had a Dutch passport and wore Dutch Colours +yet in reality the Said Snow and her Cargo did belong to Spainish +Merchants in the Said Island of Thenerife, and that they had no Dutch +man on board, on the Contrary all the Crew were Spainards except the +Said Captain, the Mate, and the Boatswain, and this They Depose by the +Interpretation of David Campbell, Commisary of the Stores of war and +provisions in the Brittish army before Carthagena; being for this +Effect duly Sworn. Dated at the Camp before Carthagena this Sixth Day +of April one thousand Seven hundred and forty one and of his Majesties +Reign the fourteenth. + +[Footnote 23: Aruba lies in the southernmost part of the Caribbean, +off the Venezuelan coast and west of Curacao.] + +Sworn before me JAMES ABERCROMBY, + +Judge advocat to the army before Carthagene. + +GERONIMO FAXARDO. + his +FRANCISCO [X] RODERIGUES. + mark +ANTONIO PEREDA'S mark [X] +DAVID CAMPBELL. + +8. Translation of the Portlidge Bill[24] from the Spanish. + +[Footnote 24: A portledge bill was a register of sailors' names and +claims for wages or allowances.] + +Catalogue of the mens names and their monthly wages + +Captain wages @ 30 x 8 p month commencing from the 17th Xbr. 1740. +Pursers idem @ 20 Do. +David Guise 13 Do. +Gaspar fasado 6 Do. +Francisco Gras 7 Do. +Fran'so Roldan 9 Do. +Visente Dias 9 Do. +Francis Tabier 9 Do. +Antonio Perera 9 Do. +Juan Gordes 9 Do. +Vincente Antonio 9 Do. + ----- + +each month ps. 8/8, 130 and on acct. have received 174 Dollars as +p. Capn. Acct. + +9. Court of Vice Admiralty + Pensilvania. + +Gaspar Fajardo a Native of the Island of Teneriff part of the +Territories of the King of Spain and one of the Mariners taken on +board the Snow called the _Princess of Orange_, being Solemnly Sworn +by Sign of the Holy Cross according to the manner of Adminstring oaths +in Courts of Justice within the Kingdom of Spain, Deposeth and Sayeth + +That last year He sailed from the Havana and arrived at the Said +Island of Teneriffe sometime in the month of August last past. That +upon his arival, he was hired by one Captain John Melodny late +Commander of the Said Snow called the _Princess of Orange_ and one +Andrew Haymas a Native of the Said Island of Teneriffe to go a Sailor +on board the Said Snow then rideing at anchor at the Said Island. That +he was informed the Said Snow was built at Dublin in Ireland and that +she with another Vessell was cut out of the Road of Santa Cruz on the +Coast of Barbary[25] by a Spainish Privateer, brought into the Said +Island of Teneriffe, and Condemned as a prize taken from the Subjects +of the King of Great Britain and there Sold to the Said Capt. +Milodony. That he sailed in the Said Snow from the Said Island in +about two days after his arrival there from the Havana for the Island +of Curacoa; but missed that Island, and fell in with the Land of +Cora[26] and came to an anchor there. That perceveing the people on +Shore to be in some Confusion the Master let fly a white Sheet with +some red rags Sewed thereon in form of a Spanish Ensign;[27] and then +the Said Capt. Melidony went on Shoar. That the Sailors saying they +wanted victuals the said Capt. Melidony went up to the Town to the +Governor or Chief magistrate and Sold him Four Quarter Casks of wine +and recived for it about Forty Dollars. That the Said Capt. Melidony +got some provisions there and afterwards returned on board the Snow. + +[Footnote 25: On the west coast of Morocco; the famous modern Agadir.] + +[Footnote 26: On the Venezuelan mainland, south of Aruba and southwest +of Curacao.] + +[Footnote 27: The Spanish flag bore red horizontal stripes on a yellow +ground.] + +The Deponent being asked what Cargo was on board the Said Snow and to +whom the same did belong, He saith that the Snow was loaded with wines +at the said Island of Teneriffe, and that Antonio Pereda a Sailor on +Board the Said Snow who had received the Said wines on board and +Stowed them in the Vessell frequantly after the takeing of the Said +Snow informed him that eighteen or Twenty Pipes of the wine belonged +to the aforesaid Andw Haymas, and that one Stephen Pereda a Spainard +born as he beleves on the Island of Teneriffe aforesd. owned twenty +eaght or thirty Pipes of the Said wines. That the first Information he +received concerning the Said Andrew Haymas and Stephen Peredas owning +those wines was after takeing the Said Snow and from the Said Antonio +Pereda who upon Examination by the Commander of the Privateer called +the _George_, freely and without any forse or Compulsion confessed +that So much of the wines as are above mentioned, of his own Knowladge +did belong to the Said Andrew Haymas and Stephen Pereda. + +And this Deponant furthar saith, the paper now Shewn and read to him +marked No. 8[28] Signed by himselfe and Six other Spanish mariners, +was Signed by them freely and without Compulsion and contains nothing +but Truth to the best of his Knowledge. + +[Footnote 28: No. 6 above.] + +That he heard the paper marked No. 11[29] now Shewen and read to him +and read to the Said Antonio Pereda who in the presance of the +Deponant freely and without any Constraint signed the Same and +Declared the Contents thereof to be true. + +[Footnote 29: Apparently no. 5 above.] + +And the English Deposition marked No. 8[30] being likewise Shewen to +this Deponant and the Contents thereof explained to him by an +Interpreter duly Sworn and qualified for that purpose, + +[Footnote 30: No. 7 above.] + +He deposeth and Saith, That he with the other Deponents in the Said +Deposition named did before James Abercromby in the said Deposition +named make oath to the truth of the Contents of the Sd. Deposition and +did Sign the Same in the presence of the Said James Abercromby freely +and without Compulsion and further Saith, the Said Deposition contains +nothing but the Truth to the best of his Knowledge and Belief. + +GASPAR FAJARDO. + +10. Court of Vice Admiralty + Pensilvania. + +Francesco Rodrigues a Native of the Island of Teneriffe and one of the +Mariners taken on board the Snow Called the _Princess of Orange_ being +Solemnly Sworn by the Sign of the Holy Cross according to the manner +of administring Oaths in Courts of Justice within the Kin[g]dom of +Spain Deposeth and Saith + +That he saw the Said Snow sold as a prize at the said Island of +Teneriffe to Capt. John Milodony by order of Some Court there, but the +particular time of the Sale he cannot Remember, That He was Shipped as +a Sailor on board the Said Snow by the Said John Milodony and one +Andrew Haymas, a Spainard and Inhabitant of the said Island. That the +said John Melodony cairried this Deponant and three other Sailors +belonging to the Said Snow to the House of the said Andrew Haymas in +the said Island to receive advance wages on the Intended Voyage and +that there the said Andrew Haymas did pay this Deponent nine Dollars +for such wages and gave him a Note to pay nine Dollars more to the +Deponant's wife, and then did pay the advance wages to the other three +Sailors, all of which was done in the presance of the said John +Melidony and that the Said Andrew Haymas was on board the Said Snow at +the time of her Sailing from the Said Island of Teneriffe; and this +Deponant further Saith, that after their Departure from the Sd. Island +on their voyage to the Island of Curacoa, they missed the said Island +of Curacoa and made the Island of Tobago[31] which the Pilot said was +to windward of Curacoa. That they went from thence and fell in with +the Land at Cora where they came to an Anchor. That the people on +Shoare appearing to be in some Confusion, the Capt. Melidony hoisted a +white Sheet with some red Rags sewed thereon in form of a Spanish +Ensign, which Seemed to appease the People, and then the Captain went +ashore in his Boat and got some Provisions. That they afterward left +Cora and fell into Leeward of the Island of Aruba where they droped +Anchor at some distance from the Shoare and were there taken by the +Privateer Called the _George_. And this Depont. further Saith that in +their Voyage the Sailors on board the Said Snow did Sometimes express +their Fears of being taken by an English Privateer and that the Said +Capt. Milodony bid them not to be afraied for he had got a Dutch Pass +and Dutch Colours. That when Capt. Melidony's Sailors who were going +ashore with him in the boat to the Said Island of Aruba, saw the Said +Privateers Boat going on board the Said Snow they asked him what +Signified his Dutch Pass and his Dutch Colours if that should be an +English Privateer, to which he answered, be not afraied for my Pass +and Colours will bring us off, or Save us, and this Deponent being +asked what Cargo was on board the Said Snow and to whom the Same did +belong, he Saith, that the Snow was loaded with wines at the Said +Island of Teneriffe and that Antonio Pereda a Sailor on board the Said +Snow who had received the Said wines on board and Stowed them in the +Vessel, frequently after the takeing of the Said Snow informed him, +that eighteen or Twenty Pipes of the wine belonged to the aforsd. +Andrew Haymas, and that one Stephen Pereda a Spainard born as he +belives on the Island of Teneriffe aforsaid owned twenty-eight or +Thirty Pipes of the Said wines. That the first Information he received +concerning the Said Andrew Haymas and Stephen Pereda's owning those +wines, was after takeing the Said Snow and from the sd. Antonio Pereda +who upon examination by the Commander of the Privateer Called the +_George_, freely, and without any Force or Compulsion confessed that +So much of the wines as are above Mentioned, of his own knowledge, did +belong to the Said Andrew Haymas and Stephen Pereda. + +[Footnote 31: One of the Lesser Antilles, far to the east of Curacao.] + +And this Deponant further Saith that the Paper now Shewn and read to +him marked No. 10,[32] signed by himselfe and Six other Spanish +mariners was Signed by them freely and without Compulsion, and +contains nothing but Truth to the best of his knowledge. That he heard +the paper marked No. 11,[33] now Shewn and read to him, read to the +Said Antonio Pereda who in the presance of the Deponant freely and +without any Constraint signed the Same and declared the Contents +thereof to be true. And the English Deposition marked No. 8[34] being +Likewise Shewen to this Deponant and the Contents thereof explained to +him by an Interpreter duely Sworn and qualified for that purpose, He +Deposeth and Saith, That He with the other Deponants in the Said +Deposition named, did before James Abercromby in the same Deposition +named, make Oath to the Truth of the Contents of the Said Deposition, +and did Sign the Same in the presence of the Said James Abercromby +freely and without Compulsion, and further Saith, the Said Deposition +contains nothing but the Truth to the best of his knowladge and +Belief, and this Deponent further says that the forementioned Snow +_Princess of Orange_ was navigated by Seven Spainish Seamen besides +the Captain the Pilot and one Seaman being Irish and one native +Frenchman who was most of his life in Teneriff, That the Paper now +Shewn to him marked A.[35] contains the names of the Said Seamen and +the Deponent verily belives is of the handwriting of the for said +Andrew Haymas. + + his +FRANCISCO [X] RODRIGUES + mark + +[Footnote 32: No. 6 above.] + +[Footnote 33: No. 5 above.] + +[Footnote 34: No. 7 above.] + +[Footnote 35: No. 8 above.] + +And it appearing from the whole Tenor of the Evidence, that the Said +Snow and her Cargo, were at the time of the Capture, the Property of +Persons residing in the King of Spain's Dominions, viz. at Teneriff +and Cadiz + +It is considered by the Court That the said Snow _Princess of Orange_, +Wines, and all other her Cargo, are, and hereby stand Condemned as +lawfull Prize. + +PAT. BAIRD, Regr.[36] + +[Footnote 36: Dr. Patrick Baird was clerk of the privy council +1723-1726, 1740-1742, clerk of the admiralty 1724-1735, register of +the admiralty court 1735-1744, and deputy judge of that court +1749-1752.] + + + + +THE _YOUNG EAGLE_. + + +_166. Petition of John Jones. December 30, 1741._[1] + +[Footnote 1: Mass. Archives, vol. 64, pp. 124-125. For the _Young +Eagle_, Captain Dumaresq, and Captain Rous, see doc. no. 128, notes 2 +and 9.] + +Province of the Massachusetts } +Bay December } +30th, 1741 } + +To His Excellency William +Shirley Esquire, Captain +General and Governour +in Chief in and Over the +Province aforesaid, And +to The Honble. His Majestys +Council of said +Province, + +The Petition of John Jones of Boston in the +County of Suffolk Merchant + +Humbly Sheweth + +That about two Years ago One William Loud now residing in Boston went +Out in the _Young Eagle_ Privateer, Phillip Dumarasque Commander, +bound on a Privateering Voyage whereof your petitioner with others +were Owners. That the said Loud behaved himself on board in Such a +manner, that he was put on board One of His Majestys Ships of warr at +Giberalter for Mutiny, from whence he afterwards found means to run +away, and came to Boston, and applyed himself to your petitioner +telling him he could Inform him how the Officers of sd. Privateer had +greatly wronged your petitioner, That your petitioner being well +Informed of sd. Louds Actions, Mutinying and Ill behaviour on board +the said Privateer, thought proper not to Shew him any Countenance or +hear any thing he had to Say, whereupon the said William Loud then, +and from time to time Since, hath greatly abused and Insulted your +petitioner, and has vowed and threatned to take revenge on your +petitioner but for what reason he cannot tell. + +That your petitioner has been Informed by Several Gentlemen of his +Acquaintance, and is well assured, that sd. Loud has twice in the +night besett your petitioners house, and there waited Several hours, +with others unknown in Order to met your petitioner going in or coming +out, and do him Some bodily hurt or take away his life, which your +petitioner is actually apprehensive of, from the many threatnings of +sd. Loud. + +That your petitioner having just reason to fear that his life was in +Eminent danger applyed to Justice of the peace, and Swore the peace +against sd. Loud, but could not prevail upon any Officer to take said +Loud up and carry him before a Justice, and the reason, as your +petitioner thinks, is that they are affraid of him, he said Loud +always appearing armed with a great broad Sword, and a Number of his +Comrades with him, and Seems to bid Defiance to the Government and all +Authority; That your petitioner when he has Occasion to go abroad at +night, or come home to his house is Obliged to get a number of his +friends to be with him for fear of being Insulted, abused or killed +by sd. Loud. + +That notwithstanding your petitioner obtained Leave from the +Government to beat up for Sailers to man the _Young Eagle_ privateer, +John Rous Commander, now bound on a privateering Voyage, yet the sd. +Wm. Loud in a riotous manner followed the Drum about the Town cursing +and abusing the Captain, and Several times Colloured[2] the +Lieutenant, tho' he had never Seen him before. That the sd. Loud Still +Continues to behave himself in this riotous manner, and to threaten +your petitioner with revenge either to kill your petr. or burn his +house, or both, whereby your petitioner justly thinks his life and +Interest are both in absolute danger from this Loud and his +Associates. + +[Footnote 2: Collared.] + +Wherefore your petitioner most humbly prays your Excellency and +honours to take this affair into Consideration and to look into the +two protests herewith presented wch. plainly Shew that sd. Loud was +Ordered on board a Man of warr for his mutinying and Ill behaviour on +board the sd. privateer, And that your Excellency and Honours would +please to Order that sd. Loud may be taken up and put on board one of +his Majestys Ships now in this Port, or otherwise to Order in the +premises, for the relief and Safety of your petitioners person and +Interest, as your Excellency and honours Shall think most proper. + +And your Petitioner as in duty bound Shall ever pray, etc. + +JOHN JONES. + + + + +THE _HAWK_. + + +_167. Vote of Privateering Crew. June 29, 1744._[1] + +[Footnote 1: Mass. Archives, vol. 64, p. 252.] + +Friday June 29th, 1744, at a meeting of the Captain and Officers on +board the _Hawk_ Privateer Samuel Waterhouse Comander; it was put to +the vote wether we should follow and pursue the Sloop we have been in +chase of + +Content not Content. + SAMUEL WATERHOUSE.[2] + JOHN CULLAM. + THOMAS RAPPITT. + JAMES HUDSON. + THOMAS WALDEN. + +[Footnote 2: See Boston Record Commissioners, _Reports_, XV. 33-44.] + +a True Copy from the +Original vote Book belonging +to the _Hawk_ Privateer. + +REYNOLDS SEAGER +Quartermaster to the +Owners of the _Hawk_. + +Essex ss. Glocester Augst +the 13, 1744. then Reynolds +Seager the Quartermaster to +the Owners of the _Hawk_ +pursonally appeared and gave +oath to the truth of what Is +Abov Rittn Before + JOSEPH ALLIN[3] + Justis Peace + +[Footnote 3: Joseph Allen was the chief landholder of Gloucester.] + + +_168. Petition of William Ward. 1744._[1] + +[Footnote 1: Mass. Archives, vol. 64, p. 254. See doc. no. 170.] + +Capt. Waterhouse + +_Sr_ + +I Hope Youll Excuse my Taking the Liberty in Writing to you. But as a +poor Creminall Confined, hopes that you and the Gentleman in the Cabin +will Pardon the abrupt Treattment, I have Used Latly, but all Owing To +a Moros Way in answering when Called: Which I Acnowledge is Not +showing agood Decoram: Sr, as for the Afair I Was Accused with last +night it was Done intirely Thro ignorance, that is that I thought I +might Speak freely without Shewing any Sedition: Sr, I must Likwise +acnowledge in Not Obeing the mastr was ill Done. Which I hope you and +the Gentlemen will freely Pardon: Sr, I am Sencible thro what I have +Done, Deserves Being Broke of my Station. Now Sr, I hope youll be so +Good as To Pardon One Who Never in this World New What it was To be +Confined. Which I Pray god grant to you: Which is Gentlemen from Your +humble Sert: To Comd: + +WM. WARD. + +P.S. Gentlemen I hope for the Time To Come, To be Deserving of your +favours. + + +_169. Deposition of John Flood and Zechariah Foss. August 3, 1744._[1] + +[Footnote 1: Mass. Archives, vol. 64, pp. 245-246.] + +The Deposition of John Flood and Zachariah Foss who sail'd from Boston +on the 25th of June last in the Privateer _Hawk_, Samuel Waterhouse +Commander. + +The Deponents testifye that being on Board the Brigantine _Hawk_ +commanded by Saml: Waterhouse, They on the 29th of June last, in the +forenoon, betwixt the Hours of Eleven and Twelve, about 40 Leagues to +the South East of Cape Briton, spied a Sloop steering northward, and +observing that she had a White Pennant out[2] they gave her Chace, and +easily outsaild her and having got within about a Mile of her the +Sloop fir'd a Shot which fell about half a mile to Leeward of the +_Hawk_, at the same time making all the Sail she could to run from us; +upon which we fired at the Sloop five times successively; our first +and second shot fell to Leeward, The third went thro' her Foresail, +The fourth went thro' both her Mainsail and Foresail, The fifth struck +her forward towards her Bow: upon which we were ordered to bear away, +(being then at the Distance of about forty Pole from her, as near as +we can judge) and as we bore away from the Sloop, we gave her three +Chears (which were return'd us) and fir'd another Gun; The Sloop in +the mean time bearing close upon the Wind in order to make her +Escape. within the Space of about an Hour after, the Company in the +_Hawk_ agreeing (all save the Captain and the owners Quartermaster) to +follow the Sloop and Engage her, We gave her Chace, but She having by +that time got to the Distance of about 3 Leagues from Us to windward, +and a thick Fog arising, we lost Sight of her by about four of the +Clock in the afternoon; we however, kept our course in pursuit of her +till the next morning, but saw her not again. + +[Footnote 2: And therefore was presumed to be French.] + +The Deponents further declare that the Number of Hands on Board the +_Hawk_ (including Boys to the number of 10 or 12) was one hundred and +thirty eight; That she had twelve Carriage Guns--(viz: 2 nine +Pounders, 2 six Pounders, and 8 four Pounders,) beside 20 or 22 Swivel +Guns. + +That the Sloop (so far as they could judge) was of not more than half +the number of Tun as the Brigantine _Hawk_. The Number of her Men they +could not guess at, being in great Measure cover'd by a Netting, which +Surrounded them; Save that they observ'd em to muster thick on the +Quarter Deck. That not coming a Breast with the Sloop, the Deponents +could not discover the Number of her Guns, Save, that mr Flood +imagined that he saw two Carriage Guns on her Larboard side. + +The Deponents further declare that they verily believe that had the +Brigantine Engaged the sloop, the former might easily have taken the +latter, and that this was the Opinion of their Company in General. + +They further add, that when orders were given for their bearing off +from the Sloop, Capt. Waterhouse declar'd as a reason for so doing +that his owners enjoyn'd him not to Engage with a Privateer. But that +when it was Voted by the Company to pursue the Sloop, he appear'd well +pleas'd that the matter was so over ruled, altho' his orders were +otherwise. + +The said Zachariah Foss further adds, that he heard Capt. Waterhouse +say that thenceforward he would take all the Privateers that came in +his way. + +The sd Zachariah further declar'd that on the Day before the _Hawk_ +sail'd from Boston, sundry Gentlemen (whom he took to be her owners) +being on Board, he heard e'm desire Capt. Waterhouse not to Engage any +Privateer, for that the Vessel was not fitted for such a purpose, +adding that should he take a Privateer, they should get nothing by it, +but Rags and Lice and broken Bones. + +And the Deponents further say not. + +JOHN FLOOD. +ZECH FOSS. + +Suffolk, BOSTON, August 3, 1744. The above named John Flood and +Zachary Foss made oath to the Truth of the foregoing Deposition. + +Before Us { S. DANFORTH } Of the Council.[2] + { EL'M HUTCHINSON } + +[Footnote 2: Samuel Danforth was a member of the council of the +province from 1739 to 1774; Eliakim Hutchinson from 1744 to 1746, and +judge of the court of common pleas from 1741 to 1774; the latter +married Governor Shirley's eldest daughter.] + + +_170. Testimony concerning William Ward. August 4, 1744._[1] + +[Footnote 1: Mass. Archives, vol. 64, p. 253.] + +On board the _Hawk_ Privateer Samuel Waterhouse Comander, August 4th: +1744 att a Comitte of the Commander and Officers on board the _Hawk_ +Privateer: James Hudson, Charles Ward and John Woodbridge, being +called as evidences against Will'm Ward Boatswain of Said Privateer, +do testifie and say that at or upon the second day of August this +instant they heard the said Will'm Ward speake in the Steeridge of Sd. +_Hawk_ that the Captain and Officers where[2] discharging the People +(meaning some of the hands) in order to put their shares in their own +Pockets, togeather with other Seditious and disrespective words. + +JAMES HUDSON. +CHARLES WARD. +JOHN WOODBRIDGE. + +[Footnote 2: Were.] + + +_171. Protest of Sailors. August 13, 1744._[1] + +[Footnote 1: _Ibid._, pp. 249-251. As to protests, see doc. no. 136, +note.] + +On the Thirteenth day of August Ao. Dom: 1744, And in the Eighteenth +Year of His Majestys Reign Before me Benjamin Pollard[2] Notary and +Tabellion Publick by Royal Authority duly Admitted and sworn dwelling +and practising in Boston in New England Personally Appeared the +several persons whose Names are hereunto Subscribed Sailors belonging +to the Brigantine named the _Hawk_ Called a private Man of Warr +Mounting 12 Carriage and 20 Swivel Guns and Carrying 138 Men Commanded +by Samuel Waterhouse now lying the Harbour of Cape Ann Who Severally +Declared as follows. And First these Appearers say that the said Saml. +Waterhouse in a late Cruize against the French and Spaniards Suffered +a Small French Privateer whose force did not Exceed one third of the +said _Hawk_ and which it was in his Power to have taken without risque +of his Vessell and Company, to escape after firing a few guns, by +Voluntarily Parting from him with a Salute of Three Chears; And on the +Twenty Ninth day of July last the sd. Brigt _Hawk_ being in Consort +with the Sloop _Elizabeth_ a Private Man of Warr belonging to New-York +of About 10 Carriage and 12 Swivel Guns and about 55 Men Commanded by +Thomas Barns about Twelve o'Clock of that day descry'd a ship Standing +to the Westward, the _Hawk_ then Standing to the Eastward upon which +Capt. Waterhouse bore away to the sd. sloop to Consult with Capt. +Barns (who was then to Leward) About Engaging sd. Ship, and Capt. +Barns ask'd what they Made of her, Waterhouse sd. he believed her to +be a 40 Gun Ship, to which Barns answered, if she was an 80 Gun Ship +he would See her, and then they Stood for her, the ship Still keeping +her Course And About an hour before Sun Sett that day gott within +About Three Quarters of a Mile of her, when the _Hawk_ hoisted English +Colours and fired a Nine Pound Shot at her, and the ship hoisted a +French Jack on her Ensign Staff and returned a shot, which fell Short +of the _Hawk_ and after the _Hawk_ had fired About 10 Guns and the +Ship about 17 Guns, Waterhouse Commanded his Company to desist from +firing and to bare away as fast as Possible, and Capt. Barns (who then +lay to Windward by order of sd. Waterhouse) very Much Blamed +Waterhouse's Conduct in leaving her and said that he (Barns) Intended +to have got under her Stern and Raked her fore and aft, and the next +Morning Saw a ship they believed to be the same but Waterhouse would +not follow her but gave Chase to a smaller Vessell Called the _St. +John_ lately taken by him, but Barns was resolved to see her and +accordingly went after her and found it was the Same Ship they had +Engaged over night And further declared That the said Capt. Waterhouse +has been guilty of a Breach of the Articles of Agreement respecting +the said Cruize by rejecting and refusing the Vote of the said +Company, That the said Waterhouse is a Man of a Moross, Froward and +Barbarous disposition having during sd. Cruize used Many of these +appearers very Inhumanely by Confining them in Irons Without any real +Cause, and is Man of no Courage or Resolution daring not to Engage any +Vessell of Equal force with his, but on the Contrary has turned his +back on them, and these appearers verily believe that with the help of +the sd. Sloop (who was Willing to Aid and Assist) the said _Hawk_ +Might have taken the aforesd: Ship, That the sd: Waterhouse Often +declared on board that he had orders not to Engage any Privateer and +that he Came out to take Merchantmen and such as he could run down, +That these appearers have always acted up to their duty in their +respective Capacitys on board said _Hawk_ to the Utmost of their +Power, And for the reasons Aforesaid These Appearers have left the sd. +_Hawk_ in Cape Ann Harbour and Come up to Town and requesting me the +said Notary to Protest against the said Capt. Waterhouse and his +Cowardice, Actings and doings. + +[Footnote 2: Sheriff of Suffolk County 1743-1756.] + +Therefore I the said Notary At the request aforesaid did and do hereby +Solemnly Protest against the said Samuel Waterhouse and his Cowardice, +Actings, doings and Misconduct in and about the said Cruize as the +Only reason of these Appearers Coming up to Town, and for all loss, +Costs, Charges, damages and demands Whatsoever, Which they or any of +them Shall or May Suffer Sustain or be put unto by Means thereof, And +Lastly the appearers Declared that they are ready and Willing to go on +board the Said _Hawk_ Privateer and proceed in her on another Cruize +under the Command of any Captain of known Courage and Conduct. Thus +done and Protested in Boston the day and year before written + +And To the truth of all which these Appearers have Severally Made Oath +and subscribed their Names. + +JONATHAN TAYLOR CHRISTOPR: COLLINS +JOHN PEARSON EZEKIEL PITTMAN +RICHARD ANDERSON BENJA: BOLTER + his +JOHN PEEWEY WILLIAM [X] BLEYTH + mark +PATRICK CARNEY WILLIAM WILLIAMS +ANDREW LEISHMAN WILLIAM SWETT + his +DANL. CALFE CHAS: [X] DREW + mark + his +JEREMIAH MOLTON WILLIAM [X] HODGKINS + mark +JOHN PALLOT ROBERT STANLY +JOHN THOMPSON ADAM HOLLIDAY +RICHD. THOMPSON STEPHEN HILLOCK +EDWD. BROOKSBY JOHN SEAWARD + PETER SCOTT + +The aforegoing is a just and true Copy of the original Protest on +Record in My Office, Attest. + +BENJA: POLLARD Noty. Pubk: + 1744. + +BOSTON Augst: 14: 1744. + + +_172. Petition of Henry Johnson. August 27, 1744._[1] + +[Footnote 1: Mass. Archives, vol. 64, pp. 256-258.] + +To His Excellency William Shirley Esq. Govr. and the Hon'ble the +Councill + +The Petition of Henry Johnson of Boston + +Humbly Sheweth + +That Mr. Detcheverie, Monsr. Darrancette, and a Boy Named Augustine, +French Prisoners taken and brought in here per Capt Waterhouse, has +Lodged and Boarded at the house of your Petr. per Order of Benja. +Pollard Esq Sheriff of the County of Suffolk, your Petr. humbly Prays +your Excellency and hon'rs will be pleased to Ascertain the Allowance +your Petr. is to receive for their Board, Washing and Lodging for +Twenty One Days, the time they have been at your Petr. house, and your +Petr. as in duty Bound Shall Ever pray + +Boston 27 August 1744 HENRY JOHNSON + 1744 + +[_Indorsement_] + +At a Council held at the Council Chamber in Boston Fryday Octo'r 5 +1744. + +Read and Dismiss'd. + +Monsieur Detcheverie to Henry Johnson Dr. for his Board + and Lodging 3 Weeks at 3L 9. 0.0 +Monsieur Darrancette to Henry Johnson Dr. for his Board + and Lodging 3 Weeks at 3L 9. 0.0 +For your Boy Augustine 3 weeks at 30s. 4.10.0 + -------- + L13.10.0 + +BOSTON, 22 August 1744. Errors Excepted. + +HENRY JOHNSON. + 1744 + + + + +THE _LEWIS JOSEPH_ AND THE _ST. ANNE_. + + +_173. Deposition of Jacques Piegnon. January 24, 1745._[1] + +[Footnote 1: Records of the Admiralty Court held in Philadelphia, +1735-1746, in volume preserved in the office of the clerk of the U.S. +district court, pp. 213-216. The judge was Thomas Hopkinson, who +qualified in January, 1745.] + +The Same 24th January 1744.[2] 5 P.M. + +[Footnote 2: _I.e._, 1745, N.S.] + +Proclamation made a fourth Time, and none appearing to Claim, the +Court ordered the Proctor to Proceed to Prove the lawfull Caption of +the said Ship _Lewis Joseph_ and Snow _St. Ann_ and their Ladings,[3] + +[Footnote 3: The story of the capture is also related in Benjamin +Franklin's paper, the _Pennsylvania Gazette_, Jan. 22, 1745: "On +Friday [Jan. 18, arrived] a Ship and Snow, from the _Warren_ +Privateer, Alexander Kattur, and the Old _George_ Schooner, William +Dougall, Commanders, who sailed from this Port about six Weeks ago in +Consort. Seven Days after they left the Capes, in the Latitude of 31, +they met with the Ship.... She is a Frigate built Ship, of 18 Carriage +Guns, belongs to St. Malo's, and was thither bound. She is called the +_Lewis Joseph_. The Captain's Name was Piedsnoirs.... She maintained +an obstinate Fight for Five Hours, and did not surrender, till she had +received near Fifty Shot in her Hull, and was at last boarded, and the +Captain, his second Lieutenant, and four Men killed, and several of +the Gentlemen Passengers wounded. The Captain had the Character of a +Gallant Man, and, as the Prisoners say, always declared, that he would +never part with the Ship but with his Life.... The Snow is called the +_St. Anne_, Pierre Dalheu Master, bound to Bourdeaux, and was taken +two Days after the Ship. [The rich cargoes are described.] We are +daily expecting the two Privateers in."] + +Whereupon the following Depositions being Produced and Read, viz. + +Jacques Piegnon of St. Malo in France Mariner being Sworn + +Deposeth and Sayeth + +To the first Interrogatory + +That he this Deponent Knows the Ship called the _Lewis Joseph_ now +riding at Anchor in this Port of Philadelphia; That in the Month of +August 1743 this Deponent contracted and Agreed with Francis Pienoir +late Captain of the said Ship and the owners thereof at St. Malo +aforesaid to enter and go as Second Captain on Board the said Ship on +a Voyage from St. Malo to Cadiz and from thence to proceed to some +port of French or Spanish America as should be agreed and resolved on +at Cadiz aforesaid; That agreeable to his said Contract this Deponent +sailed in the said Ship in quality of Second Captain to Cadiz and from +thence to Port Orient[4] in France and thence returned to Cadiz and +from thence proceeded to Cape Francois[5] in the Island of Hispaniola; +That the said Francis Pienoir was Captain and Commander of the said +Ship during the said Voyage; That from Cape Francois aforesaid this +Deponent sailed in the said Ship on an Intended Voyage for Nantz in +France and on the 26th day of Decr. last, New Stile, the said Ship +[was] attacked upon the High Seas in or near the Latitude of 31 deg. +North by two English Privateer Vessels, of one of which Captain +Alexander Kattur was Commander[6] and Captain John Dougal was +Commander of the other, but does not Know the Names of the said +Privateers but has heard that one of them was Called the _Warren_ and +the other the _George_; That the Engagement between the said Two +Privateers and the said Ship _Lewis Joseph_ continued for about five +or Six Hours; That at the Beginning of the said Engagement there were +fifty two Men in and belonging to the said Ship _Lewis Joseph_ but +four of them were Killed in the said Engagement vizt. the said Captain +Pienoir, another Captain who was a Passenger and two common Sailors, +and three of the Men belonging to the said Privateers were also Killed +in the said Engagement as this Deponent afterward heard and believes; +That at the time of the said Engagement the said Ship _Lewis Joseph_ +was mounted with Eighteen Guns; That the said Ship _Lewis Joseph_ was +then taken by the said two English Privateers; That the said Captain +Pienoir and all the Mariners and Comp'y belonging to the said Ship +_Lewis Joseph_ at the Time of her said Caption were Subjects of the +French King; That the same Ship _Lewis Joseph_ was then Laden with +divers Goods Wares and Merchandizes. + +[Footnote 4: Now called Lorient.] + +[Footnote 5: Now Cap Haitien.] + +[Footnote 6: The _Warren_; see note 3, above, and _Pa. Mag. Hist._, +XXIV. 350.] + +To the Second Interrogatory; + +That the said Ship _Lewis Joseph_ at the time of her said Caption +wholly belonged to Monrs. John Petel a Merchant then residing at St. +Malo and a Subject of the French King; That part of the Goods Wares +and Merchandizes wherewith the said Ship was laden at the time of her +said Caption belonged to the said Captain and the officers of the said +Ship and the residue thereof to divers Merchts. and others at St. +Malo's, Nantz and other Ports and Places in France and that such +Owners of the said Cargo were all then Subjects of the French King. + +To the third Interrogatory, + +That before the said Ship _Lewis Josephs_ Departure on the said +Voyage from St. Malo, the said Captain Pienoir applyed for and +obtained from the proper Officer at the Court of France a Commission +which gave Authority to the said Captain with the Marriners and +Company belonging to the said Ship as a private Ship of War to Seize +and take any Person with their Goods and Effects who then were or +should happen to be the Enemies of the French King during the Course +of the said Voyage; That it is Customary in France for such Ships when +there happens to be an Expectation of War being Declared before their +Return from such Voyages to apply for and take out such Commissions +before their Departure, And this Deponent with the said Captain +Pienoir and the rest of the said Ships Company hearing at Cadiz upon +their Return thither from Port Orient that War was declared by the +French King against Great Britain,[7] they the said Officers and +Company belonging to the said Ship _Lewis Joseph_ looked upon +themselves well warranted and authorized by the said Commission to Act +with the said Ship as a private Ship of War against the Subjects of +the King of Great Britain and to Seize and take their Persons and +Effects; That the said Ship did not touch in any Port or Place in +France after the time of this Deponents hearing of War being Declared +against Great Britain as aforesaid; That after the said Ships +Departure from St. Malo and during the said Voyage, the said Captain +Pienoir produced and read the said Commission to this Deponent and the +Rest of the said Ships company, and that the purport thereof was to +authorise the said Captain Pienoir with his said Ships Company to +Seize and take any Pirates, Interlopers and any future Enemys of the +French King with their Ships, Goods and Effects or to that Effect, and +was to Continue in force only for the said Voyage, and that the said +Commission had a large Seal affixt to it; but what or whose such Seal +was this Deponent knows not. + +[Footnote 7: The king of France (Louis XV.) declared war on Great +Britain on Mar. 15, 1744, N.S.] + +To the fourth and fifth Interrogatorys, + +That he, this Deponent, knows the Vessel or Snow called the _St. Anne_ +in the Interrogatory mentioned and now riding in the Port of +Philadelphia; That the said Snow being laden with Divers Wares and +Merchandizes at Cape Francois Sailed from thence in Company with the +said Ship _Louis Joseph_ and was afterwards taken by the said two +English Privateers who took the said Ship _Lewis Joseph_ or one of +them as this Deponent hath heard and believes, and was brought into +the Port of Philadelphia along with the said Ship, as the Prize of and +belonging to the said Privateers but when or where the said Snow was +Attacked or taken, or who was the Captain and Commander of her this +Deponent knows not, but hath heard and believes that the Captain, +Mariners and Owners of the said Snow were all Subjects of the French +King; and to the Rest of these Interrogatories cannot Depose. + +JACQUE PIEGNON. + + + + +THE _APOLLO_. + + +_174. Deposition of John Brown. August 2, 1745._[1] + +[Footnote 1: From the same manuscript volume as the preceding, pp. +262-264. The capture is thus recorded in the _Pennsylvania Gazette_ of +Aug. 1, 1745: "Yesterday arrived the Privateer _Trembleur_, belonging +to this Port, and brought in the Scotch Ship taken some Weeks since by +the Spanish Privateer Snow off the Capes of Virginia. Captain Bowne +met with [her] East of Bermudas, bound to Laguira".] + +John Brown of Holywood near Belfast[2] in the Kingdom of Ireland being +Sworn, + +[Footnote 2: Holywood is four or five miles northeast of Belfast, on +the east shore of Belfast Lough.] + +_1st._ To the first Interrogatory saith that he Knows the Ship called +the _Apollo_ now rideing at Anchor in this Port of Philadelphia; That +he first Knew the said Ship At the aforesaid Port about Seven Years +ago, but the Particular Time does not now remember; That he was hired +by Alexander McMullen the Commander of the said Ship on or about the +Nineteenth Day of March last past at Larn[3] in the Kingdom of Ireland +aforesaid to proceed with the said Ship as Chief Mate thereof from +thence to Virginia; That the said Ship at her Departure from Larn +aforesaid was not Laden with any Goods, Wares or Merchandizes but in +her Ballast; That the said Ship _Apollo_ in the prosecution of the +said Intended Voyage was taken as a Prize on the Sixteenth day of June +last past upon the High Seas near the Capes of Virginia by a Spanish +Privateer Snow; That the Commander of the said Privateer after he had +taken Possession of the Ship _Apollo_ brought over board her into his +own Vessel the Master and all the Men belonging to the said Ship +except this Deponent and one Boy, and at the same time put on Board +her Sixteen Mariners belonging to the said Spanish Privateer Snow; +That on or about the twentieth Day of the said Month of June the +Commander of the said Spanish Privateer caused to be laden on Board +the said Ship _Apollo_ several Goods, Wares and Merchandizes the Cargo +of a Certain British Snow which the said Privateer had taken a few +Days before; That soon after the said Goods, Wares and Merchandizes +were put on Board the said Ship _Apollo_ she was seperated from the +said Spanish Privateer; That he this Deponant was on Board the said +Ship _Apollo_ at the Time of such her seperation and saith that she +remained under the Conduct of the said Sixteen Spanish Mariners who +were put on Board her on her being first taken as aforesaid (in order +to carry her to Laguira[4] as they informed this Deponant) untill the +twelfth day of July last past when the said Ship _Apollo_ was attacked +and Retaken as a Prize on the High Seas by an English Privateer Sloop +called the _Trembluer_[5] whereof Captain Obadiah Bowne was +Commander;[6] That upon the Recaption of the said Ship _Apollo_ by the +said Sloop the said Captain Obadiah Bowne put on Board her twelve or +Thirteen Mariners in order to navigate and carry her to this Port of +Philadelphia where she arrived the first day of this Instant Month of +August and till which Time the said Deponent Continued on Board her +from the Time of her being Retaken as aforesaid. + +[Footnote 3: Larne lies on the northeast coast of Ireland, some twenty +miles north of Belfast.] + +[Footnote 4: La Guayra on the Venezuelan coast, the port of Caracas.] + +[Footnote 5: _Trembleur_, _i.e._, Quaker. Her first appearance is in +the journal of William Black, under date of May 30, 1744: "a fine +Bermudas Sloop bought the other day for 800 pounds Sterling, and is +called the _le Trembleur_, to carry 14 Carriage and 20 Swivel Guns, +and 100 Men". _Pa. Mag. Hist._, I. 247.] + +[Footnote 6: After the war was over, Bowne settled down to the keeping +of a public-house "at the sign of the _Trembleur_", at the corner of +Market and Water streets, hence long called "Bowne's corner". +_Memorial Hist. Phila._, I. 263.] + +_2d._ To the second Interrogatory this Deponent saith that the said +Ship _apollo_ at the Time of his being Shipped as Chief Mate of her as +aforesaid did belong to Richard Oswald[7] and Company Merchants +residing in Glascow in Scotland and subjects of the King of Great +Britain as this Deponent was informed by the said Alexander McMullen +then Master of the said Ship _Apollo_. And this Deponent further says +that he does no[t] Know to whom the Goods, Wares and Merchandizes +taken from on Board the said Ship _Apollo_ did belong, but says that +he Knew and was well acquainted with James Bowne the Commander of the +said British Snow at the Time of her being Taken as aforesaid. + +JOHN BROWN. + +[Footnote 7: This was that Richard Oswald (1705-1784), Franklin's +friend, who signed for Great Britain the preliminary articles of peace +with the United States, Nov. 30, 1782.] + + +_175. Deposition of Diego de Prada y Nieto. August 2, 1745._[1] + +[Footnote 1: From the same volume as the preceding, pp. 264-266.] + +Diego De Prada y Nieto of Sevilla in the Kingdom of Spain being Sworn + +3d. To the third Interrogatory Saith That he Knows the Ship called the +_Apollo_ now riding at Anchor in this Port of Philadelphia; That he +first saw the said Ship _Apollo_ on the High Seas on the Twenty +seventh or Twenty eight day of June last, New stile,[2] about the +distance of Twelve or thirteen leagues from the Capes of Virginia; +That the Persons then on Board the said Ship were Subjects of the King +of Great Britain; That the said Ship _Apollo_ at or about the place +and Time aforesaid was Attacked and Taken Prize [by] a Spanish +Privateer Snow called the _Neustra Senora De los Dellores y Animas_[3] +Commanded by Don Carlos Francisco de Bissava and Navigated by Eighty +Mariners all Subjects of the King of Spain; That immediately upon the +said Ship _Apollo_ being taken as aforesaid this Deponant with fifteen +or Sixteen Spanish Mariners belonging to the Said Spanish Snow were +sent by the said Capt. Don Carlos Francisco de Bissava on Board the +said Ship _Apollo_ whereof they took possession; That the Command of +the said Ship _Apollo_ was given to this Deponent with orders to carry +her to Laguira on the Coast of Caraccas in new Spain;[4] That on or +about the thirty first day of June last N.S.[5] the said Capt. De +Bissava caused to be put on Board the said Ship _Apollo_ sundry Goods, +Wares and Merchandizes being the Cargo of a Certain Snow taken by a +Spainish Privateer about five days before, two legues from the Coast +of Virginia, but the Names of the Owners or Commander of the said Snow +this Deponent Knows not but has heard and believes tha[t] she belonged +to the Subjects of the King of Great Britain; That the said Depont. +with the said fifteen or Sixteen other Spanish Mariners Continued in +Possession and had the Care and Conduct of the said Ship _Apollo_ +untill the 23d day of July last, New Stile,[6] when she was attacked +and Retaken by an English Privateer Sloop called the _Trembleur_ +whereof Capt. Obidiah Bowne was Commander; That the said Captain Bowne +immediately upon his retaken the said Ship _Apollo_ put on Board her +thirteen Men who Conducted and brought the said Ship to this Port of +Philadelphia. + +[Footnote 2: A Spanish sailor would date by new style; June 27, N.S., +was June 16, O.S., the date given in the previous deposition.] + +[Footnote 3: _Nuestra Senora de los Dolores y [de las] Animas_, "Our +Lady of Sorrows and of Souls".] + +[Footnote 4: Rather, in the viceroyalty of New Granada.] + +[Footnote 5: June 20, O.S., according to John Brown's deposition.] + +[Footnote 6: July 12, O.S. (Brown).] + +4th. To the fourth Interrogatory This Deponent Saith That among the +People who were put on board the said Ship _Apollo_ by the Spaniards +there was one Mullato man who was called Limena whom this Deponent +says is a free man, and that he, this Deponent had been informed by +several and by the said Mullato himself that since the Commencement of +the War between England and Spain he was Taken and Carred in to +Jamaica and there sold as a Slave and that he run away from the +English and got among the Spaniard And this Deponent further heard +that he belonged to a Privateer Commanded by Don Pedro De Parieveck +and that having quarreld with one of the Officers on board the same, +the said Commander by a Letter desired the said Captain Don Carlos +Francisco de Bissava Commander of the said Spanish Privateer Snow +called the _Neustra Senora de los Dellores y Animas_ to receive the +said Mullato on board the same and that he was received aboard +accordingly and was to draw an equall share with the Whitemen and did +receive ten pieces of Eight Advance money being the sum the Whitemen +also receivd and the said Mullato was looked upon by the People on +Board the said Privateer as a freeman and by some of them was well +known. + +DIEGO D PRADA +LONE NIETO. + + + + +THE _PRINCE CHARLES OF LORRAINE_. + + +_176. Deposition of Benjamin Munro and William Kipp. April 23, +1746._[1] + +[Footnote 1: Rhode Island Archives, volume lettered "Admiralty Papers, +1746-1750", p. 45. Capt. Simeon Potter of Bristol (a town in +Massachusetts till January, 1747, in Rhode Island after that date) was +one of the most noted and successful of the privateers of his time. +His raid on French Guiana in November, 1744, though not enormously +profitable nor of much military importance, makes a very picturesque +story, chiefly because of the vivid account we have of it from one of +its victims, Father Elzear Fauque, an intelligent Jesuit, who was +serving the mission at Oyapoc, and was carried away as a prisoner by +Potter when he sacked and destroyed that settlement. Father Fauque's +narrative, a letter to an officer of his society, dated from Cayenne, +Dec. 22, 1744, is in the _Lettres Edifiantes et Curieuses_, XXVII. +172-250 (Paris 1749), VIII. 387-454 (ed. 1781), IV. 493-533 (ed. +1819), II. 34-50 (ed. 1838). There is an English translation in Bishop +W.I. Kip's _Historical Scenes from the Old Jesuit Missions_ (N.Y., +1875), pp. 153-205, reprinted in Professor W.H. Munro's _Tales of an +Old Sea Port_ (Princeton, 1917), pp. 48-93, in which Potter's life is +also told. The admiralty case arose from questions respecting disposal +of the booty. Prince Charles of Lorraine was brother-in-law of Maria +Theresa, and commanded her army against Frederick the Great. According +to Father Fauque, the privateer so named carried 10 cannon, 12 +swivel-guns and 61 men. _Lettres Edifiantes_ (ed. 1819), IV. 494.] + +Benjamin Munro and William Kipp of Lawfull Age Testifieth and Saith +that the said Munro was Master of the Sloope _Prince Charles of +Lorain_ whereof Simeon Potter was Commander as a Private Man of Warr +and that We took and Plundred a Small Place near Cyan[2] called +Yopock[3] and then Proceeded to Cyan where said Potters Lieutenant and +Thirty Two men Landed took and Plundred a Place called Muekell +yeau.[4] We Landed on Cyan with Ten men where We were taken by One +hundred and Thirty Soldiers where Three of Our Men were Killed and +Four wounded and then We were carried to Cyan Fort where Capt. Potter +sent a flagg of Truce on Shoar with a Fryar[5] and some Soldiers that +were taken at Yopock whereupon the Governour of Cyan[6] Immediately +gave us Our Barge againe to go on board and half an Ox for fresh +Provisions and then We went to go on board of Our Vessel but missed of +her in the Night and so We Proceeded to Surranam[7] where We were all +Put into the Fort and keept untill the Masters of the English Vessels +there Petitioned for us to Come out and in a few Dayes after Capt. +Potter arrived in the River with his Priveteer and Came up to Surranam +to the Governour[8] to Desire Liberty of him to Wood and Water but +they gave no Liberty in Ten or Twelve Dayes and then Ordered that the +English Men should bring Wood and Water on Board but the Thing was +Attended with so much Dificulty that We were Obliged to Sell some +small Plunder on board of Our Own Vessell to Defray our Charges and +also that while We were at Surranam Three of Our Slaves Ran away from +Us and that the Governour keept and Detained them from us then we +Sailed for Barbadoes in Order to Carreen and Refitt Our Vessell and +that when We came to Sea we found Five Men and no more on Board who +talked Dutch and were dressed in Sailors Apparel who did their Duty as +Such and Said that they belonged to Dutch Vessells in Surranam and +when we arrived at Barbadoes We Landed our Prize Goods and Slaves +where they were Condemned and Sold at a Publick Vendue. + +BEN MUNRO. +WM. KIPP. + +Bristol ss: BRISTOL Apr. 23d 1746. + +[Footnote 2: Cayenne the chief town of French Guiana. For the +pronunciation, see doc. no. 63, note 20.] + +[Footnote 3: Oyapoc, on a river of the same name, lies some 80 miles +to the southeast of Cayenne, toward the Brazilian boundary.] + +[Footnote 4: Macouria, a lady's plantation a little northwest of +Cayenne. Father Fauque, _ubi sup._, pp. 519-520.] + +[Footnote 5: Father Fauque was not a friar, but a Jesuit.] + +[Footnote 6: M. d'Orvilliers, father of the celebrated admiral of that +name. La Condamine, returning by way of the Amazon and of Oyapoc from +his celebrated geodetic expedition to Peru, had spent five months with +him at Cayenne earlier in this year. _Relation Abregee_, pp. 209-214.] + +[Footnote 7: The Dutch then possessed both what is now Dutch and what +is now British Guiana. In 1744 their possessions constituted three +colonies, Surinam, Berbice, and Essequebo, of which Surinam, the +present Dutch Guiana, was the most important. The fort spoken of was +at the capital, Paramaribo.] + +[Footnote 8: Jan Jacob Mauricius, governor of Surinam 1742-1751; see +account of him in Harris and de Villiers, _Storm van 's Gravesande_, +II. 538-539.] + +Personally appeared the above named Benj'n Munro and Will'm Kipp, +(being bound to Sea), and made Oath to the truth of the above written +evidence: taken in Perpetuam Rei Memoriam before us two of his Majs. +Justices of the peace in and for the County of Bristol:[9] Quorum +Unus, + +JONA: WOODBURY. +JOSEPH RUSSELL. + +[Footnote 9: At this date a county of Massachusetts. With this +narrative we can compare Captain Potter's own brief account of the +affair, as given in the _Pennsylvania Gazette_ of Feb. 19, 1745, being +an extract from a letter written by him to his owners, sent to that +journal from Newport: "We came to an Anchor at Y'opoch River, took a +Craft by which we had an Account of a considerable French Settlement +up that River, with a Fort of six Carriage Guns and 50 Soldiers, +excluding Officers: We went with the Prisoners we took into the Craft +(bound) before us as our Guides: At one o'clock in the Morning we +landed a small Distance from the Fort, gave three Huzza's and entred +the same Sword in Hand, took it without the loss of one Man, kept +Possession thereof 8 Days, took in Plunder 9 Indians, 2 Negroes, a +Mulatto Wench, 50 Small-Arms, 5 Casks of Powder, and a small Quantity +of Plate, and took 10 Prisoners. We then steered for Surinam and sent +up for Liberty to refit, but were refused by the Governor thereof: How +far this is consistent with the Treaties between England and Holland, +I for my part must leave to others to determine."] + + +_177. Deposition of Daniel Vaughan. September 1, 1746._[1] + +[Footnote 1: Rhode Island Archives, volume lettered "Admiralty Papers, +1746-1750", following doc. no. 176.] + +Daniel Vaughan, late Lieutenant the Sloop _Prince Charles of Lorain_, +Capt. Simeon Potter, on a Cruising Voiage Anno 1744, on oath declared +that an Indian man Named Jeffery Potter was one of the Hands of said +Sloop during her Cruize; that on said Cruize the Sloops Company made +an Attack on a French Settlement called Yapoke and took out of said +Settlement Seven Indians, three Negroes, twenty large Spoons or +Ladles, nine Large Ladles, one Gold and one Silver hilted Sword, one +Gold and one Silver Watch, two Bags of Money the Quanty uncertain, a +number of Chest and Trunks of Goods and Merchandize and waring +apparell, a Number of Gold Rings, Buttons and Buckles, a Number of +Silver Candlesticks and Church Plate both Gold and Silver,[2] a Number +of Swords, about Sixty small arms for Cannon, Shot of all Sorts, about +Fifty halfe Barrals of Powder, a Quantity of Beafe, Flower and other +Provisions and Sundry other things wch. this Deponent cannot +enumerate; that after the taking of said Goods etc. from Yapoke sd. +Sloop and Company sail'd for Surrinam where Capt. Potter put a +Quantity of sd. Merchandize up at Vendue on board a Vessel in the +Harbour and purchased the most of them himself and ship't them to +Rhode Island on his own account; then said Sloop Sailed for Barbadoes +on wch. passage the men demanded that Capt. Potter would Share the +Money taken, according to the Articles, to which Capt. Potter +answered that he would share none until his Return for all the Men +were indebted to the Owners more than that amounted to and Swore at +and Damn'd them threatning them with his drawn sword at their Breasts, +which Treatment Obliged the Men to hold their Peace and when said +Sloop arrived at Barbadoes Capt. Potter without consulting the Men put +part of the afore mentioned Effects into the Hands of Mr. Charles +Bolton and kept the other part in his own Hands and Supply'd the Men +only with Rum and Sugar for their own drinking, and further this +Deponent saith that Capt. Potter refusing to let the men have their +Shares and his Ill Treatment of them by beating them occasioned about +twenty-four to leave the Vessel whose Shares Capt. Potter retained in +his Hands and further this Deponent saith not. DANIEL VAGHN. Sworn to +this 1 Day of September A.D. 1746, Capt. Potter not notified living +out of the Government, befor EBEN'R RICHARDSON Just: apece.[3] + +[Footnote 2: Father Fauque greatly laments the loss of these. +Professor Munro, _History of Bristol_, p. 180, says that some of the +silver which Captain Potter brought home from Oyapoc is still in the +possession of descendants of his family.] + +[Footnote 3: Bristol had not yet become a part of Rhode Island. +Ebenezer Richardson was a justice of the peace in Newport; _R.I. Col. +Recs._, V. 335. Thomas Ward was elected secretary of the colony of +Rhode Island in May, 1747 (_ibid._, V. 215).] + +A true Copy as one file in the Case Patd. agst. Potter examd. + +by THO. WARD, Clk. + + + + +THE _ELIZABETH_. + + +_178. Deposition of William Dunbar. May 7, 1747._[1] + +[Footnote 1: Rhode Island Archives, same volume as the preceding, p. +15. This deposition follows in that volume the libel of John Sweet of +Newport, commander of the privateer _Defiance_, against Paas's sloop, +captured by him.] + +Novemb'r 26th 1746 Being at the Island Orcheilla[2] in Company with +Captn. Rous in the _Trelawney Galley_ of Jamaica, Saw a Sloop coming +from the Eastward, at 9 P.M. took her, they Informed us it was the +Sloop _Elizabeth_, John Paas Mastr. from Martinico, were Bound and +belonged to Curacoa, Cargoe Sugar and Coffea. when John Paas came on +board the Privateer all the Papers he Could produce was a Sea Brief[3] +and a Paper containing an accot. of the Cargoe he then had on Board, +we Inquired for the rest of his Papers, he answered he had left them +in Martinico, we told him such mistakes were not at all likely, and +therefore must Send him into Port. he made Use of many horrid +Imprecations, and many times offered to Swear, his Vessell and Cargoe +was a Dutch Property and that neither french nor Spaniards were anyway +Concerned in either. when we Told him he must go in his Sloop for +Rhode Island, his answer Generally was, what Signifies my going with +the Sloop without my papers, do but first lett me go to Curacoa and +furnish myself w'th papers and then I will follow my Sloop. and his +Sloop being Leaky we Concluded to heave her down and stop her leaks +before we Sent her homeward. after we had Cleaned her and got the +Cargoe on Board, found Concealed in the under part of the Boats +Chock,[4] a Sett of french Papers Expressing who the Cargoe belonged +to. John Paas Imediately retracted what he had formerly Said, +Acknowledged that Vessell and Cargoe did belong to the french. Some +time afterwards we had Some discourse Concerning the Illicit Trade +that is Carried on by the Inhabitants of Curacoa. John Paas Told me a +Sure way of knowing a real dutch Vessell and Cargoe from a Counterfeit +one, which is by a paper Carried by all Dutch Vessells (but wanted +where french or Spainards are Concerned) expressing the Owners and +Master Name, where bound to, a Particular account of all the Cargoe on +Board.[5] this Paper is Sworn to by the Owners, afterwards Signed by +the Governour and other Officers, with the Island Seal affixed to it. + +WILL. DUNBAR. + +[Footnote 2: Orchilla, a small island in the Caribbean, north of +Venezuela and 200 miles east of Curacao.] + +[Footnote 3: See doc. no. 129.] + +[Footnote 4: Blocks of wood, shaped to the under side of a boat, on +which a boat rested when on the deck of a ship.] + +[Footnote 5: See doc. no. 128, note 12.] + +The above Eviden[ce] was sworn to in Court +the 7th Day of May 1747. + + * * * * * + +_179. Petition of Edward Winter. May, 1749._[1] + +[Footnote 1: Mass. Archives, vol. 64, pp. 333-335.] + +Province of the } To his Excellency William Shirley +Massachusetts Bay } Esqr. Govr: and Commander in + chief in and over sd. Province[2] the + Hon'ble the Council and House of + Rep'ves in General Court Assembled + May ---- 1749. + +[Footnote 2: Shirley was governor of Massachusetts from 1741 to 1756. +His correspondence, edited by Charles H. Lincoln, has been published +in two volumes by the National Society of the Colonial Dames of +America.] + +The Petition of Edward Winter of Boston Blacksmith Humbly Sheweth, + +That in the Year 1744 there were nine persons committed to the County +Goal[3] in Boston, being charged with committing divers acts of +Piracy, Hostility etc. on the high Seas and soon after they were put +into Goal, they attempted to get off their Irons and make their Escape +but being discovered were prevented, and thereupon your Petr: was +ordered to Search and Examine their Irons several times in a week, +which he accordingly did from the 12th day of January 1744 to the 23d +of July 1746, 253 times, and charged the Province for the same the +small price of one shilling a time, amounting in the whole to L12. 13. +0 bills of the last tenor,[4] and put in his Bill to the Committee +appointed by the special Court of Admiralty who try'd said Prisoners, +to Examine the Acco'ts of Charges that had arisen on said Prisoners, +but the same was not allowed by them, they apprehending the Pet'rs +Bill sho'd be paid by the County (tho' all other charges upon 'em the +Province paid) and said Committee accordingly recommended it to the +Court of Sessions to pay the same, to whom your Petr. has since appl'd +but they absolutely refused paying it, so that your Petr. unless that +he is relieved by this Hon: Court is like to suffer greatly. + +[Footnote 3: Gaol.] + +[Footnote 4: Massachusetts began the issue of provincial paper money +in 1690, and continued it till 1748. Its bills of credit were +distinguished, according to the form of these promises to pay, into +three varieties: old tenor (issues of 1690-1737), middle tenor +(1737-1740), and new tenor (1740-1748). New tenor bills, here spoken +of, were at this date valued at about one-tenth of the corresponding +sum in specie.] + +Your Petr. therefore prays your Excellency and Honours will be pleased +to take the premises into Consideration, and as all the other charges +were paid by the Province, he prays he mayn't be the only sufferer, +but that you'l be pleas'd to order Payment of his Acco't out of the +Treasury accordingly. + +And as in Duty Bound he shall pray etc. + +EDWARD WINTER. + +In the House of Rep'tives June 28: 1749. + +Read and ordered That there be granted and allowed to be payd to the +Petitioner Edw'd Winter out of the Province Treasury the Sum of Twelve +pounds Thirteen shillings In full for his Services In Sd. Petition +mentioned. + +J. DWIGHT, Spkr. + +In Council June 29 1749 Read and Concurr'd. + +SAM HOLBROOK, D'ty Sec'ry. + Consented to. + W. SHIRLEY.[5] + +[Footnote 5: The order is printed in _Acts and Resolves_, XIV. 285.] + + +_180. Commission of a Vice-Admiralty Judge. September 23, 1752._[1] + +[Footnote 1: From the volume in the clerk's office of the United +States district court at Charleston, S.C. called "Admiralty Records of +South Carolina, Book E-F", p. 1. A commission issued to a +vice-admiralty judge, Lucas Santen, New York, 1683, has already been +inserted in this volume, as doc. no. 51, but that, besides being +issued under a proprietary, and so not wholly typical, was not a +commission to Santen _as_ admiralty judge but a special commission for +the trial of piracy. Another typical specimen, to Richard Morris, New +York, Oct. 16, 1762, may be seen in E.C. Benedict, _The American +Admiralty_, third ed., pp. 79-84; fourth ed., pp. 76-80. Benedict +states that he has also seen the commissions of Roger Mompesson, Apr. +1, 1703, of Francis Harrison, Feb. 13, 1721, and of Lewis Morris, Jan. +16, 1738, who served as judge in New York till 1762. All three were +destroyed in the fire at the Albany Capitol.] + +South Carolina. + +George the Second by the Grace of God of Great Britain, France and +Ireland King, Defender of the Faith, and so forth + +To James Michie, Esquire.[2] + +[Footnote 2: James Michie, a South Carolina lawyer, was admiralty +judge from 1752 to 1758, speaker of the assembly 1752-1754, and +chief-justice for a brief period in 1759. He died July 16, 1760. _S.C. +Hist. Mag._, X. 160. His predecessor James Graeme (also chief justice) +had died in late August, 1752.] + +We, reposing especial Trust and Confidence in the Loyalty, Integrity +and Ability of you the said James Michie, and your skill and knowledge +in our Laws Civil and Maritime of our Kingdom of Great Britain as well +as of our province of South Carolina in America, have constituted and +appoint you to be Judge of our Court of Vice Admiralty in our province +of South Carolina in America aforesaid, with full Power and Authority +to sit, hear and Determine all Causes whatsoever competent to the +Jurisdiction of the said Court, To have and to hold, use, exercise and +enjoy the said Office of the Judge of the Vice Admiralty in our +province of South Carolina in America aforesaid, with all the Fees, +profits, Perquisites, Privileges, Advantages and Emoluments incident +thereto, in as full and ample manner as any of your Predecessors +Judges of the said court have holden the same. + +This Commission to continue during Pleasure. + +Given under the great Seal of the said Province at CharlesTown in the +Council Chamber the twenty third Day of September and in the +twenty-sixth year of our Reign 1752. + +Witness our Trusty and Well beloved James Glen, Esq: Governor in Chief +and Captain General in and over our said Province.[3] + +[Footnote 3: James Glen, a Scot, was appointed governor of South +Carolina in 1738, commissioned in 1739, came out to the colony in +1743, and was governor till 1756.] + +By his Excellency's Command. + +WILLIAM PINCKNEY, Dept. Secry.[4] + +[Footnote 4: Maj. William Pinckney (1703-1766), deputy secretary and +afterward commissary general of the province; grandfather of Governor +Charles Pinckney. In the volume in which this commission is found, it +is indexed as James Michie's commission from Governor Glen, the +document which follows (no. 181) as his commission from England. +Sometimes, especially in the earlier period, admiralty judges in the +colonies were commissioned by the respective governors acting under +warrants from the lords of the admiralty empowering them so to do +(_e.g._, doc. no. 69); more often they were commissioned directly by +those lords, under the great seal of the admiralty. Docs. nos. 180 and +181 illustrate the two forms.] + +Recorded in the Secretary's Office in + Book II, folio 286. + + +_181. Commission of a Vice-Admiralty Judge. June 16, 1753._[1] + +[Footnote 1: South Carolina Admiralty Records, vol. E-F, p. 55. See +doc. no. 180, note 4.] + +George the Second by the grace of God of great Britain, France and +Ireland King, Defender of the Faith, To our beloved James Michie +Esquire, Greeting. We do by these Presents make, Ordaine, nominate and +appoint You the said James Michie Esquire to be our Commissary[2] in +our Province of South Carolina and Territories thereunto belonging in +the room of the former deceased, hereby granting unto you full Power +to take Cognizance of and proceed in all Causes Civil and Maritime and +in Complaints, Contracts, Offences or suspected Offences, Crimes, +Pleas, Debts, Exchanges, Policies of Assurance, Accounts, +Chartreparties, Bills of Lading of Ships and all Matters and Contracts +which [in] any Manner whatsoever relates to Freights due for Ships +hired and let out, Transport Money or maritime Usery (otherwise +Bottomary) or which do any Ways concern Suits, Trespasses, Injuries, +Extortions, demands and affairs Civil and maritime whatsoever, between +Merchants, or between Owners and Proprietors of Ships and all other +Vessells whatsoever imployed or used or between any other Persons +howsoever had, made, began or contracted, or [any] Matter, Cause or +Thing, Business or Injury whatsoever done or to be done as well in, +upon or by the Sea or public Streams, or fresh Water, Ponds, Rivers, +Creeks and Places Over flowed whatsoever within the Ebbing and flowing +of the Sea or high Water Mark as upon any of the Shores or Banks +adjoining to them or either of them, together with all and singular +their Incidents, emergencies, Dependencies, annexed and Connexed +causes whatsoever, and such Causes, Complaints, Contracts and other +the Premises abovesaid or any of them howsoever the same may happen to +arise, be contracted, had or done, To hear and determine (according to +the civil and maritime Laws and Customs of Our High Court of Admiralty +of England) in our said Province of South Carolina and Territories +thereunto belonging whatsoever, and also with Power to Sit and Hold +Courts in any Cities, Towns and Places in our Province of South +Carolina aforesaid, for the hearing and determining of all such causes +and Businesses together with all and singular their Incidents, +Emergencies, Dependencies, annexed and connexed Causes whatsoever, and +to proceed judicially and according to Law in administring Justice +therein, And moreover to compell the Witnesses in case they withdraw +themselves for Intrest, Fear, Favour or ill Will or any other Cause +whatsoever, to give Evidence to the Truth in all and every the Causes +above mentioned according to the Exegencies of the Law, And further to +take all manner of Recognizances, Cautions, Obligations and +Stipulations as well to our use, as at the Instance of any parties for +Agreements or Debts and other Causes and Businesses whatsoever, and to +put the same in execution and to cause and command them to be +executed. Also duly to search and inquire of and concerning all Goods +of Traitors, Pirates, Manslayers, Felons, Fugitives and Felons of +themselves[3] and concerning the Bodies of Persons drowned, killed or +by any other means coming to their Death in the Sea or in any Port, +Rivers, Public Streams or Creeks and Places overflowed. And also +concerning Mayhem happening in the aforesaid Places, and Engines, +Toyls and Nets prohibited and unlawful and the Occupiers thereof, And +Moreover concerning Fishes Royal, namely Whales, Hoggs, Grampusses, +Dolphins, Sturgeon and all other Fishes whatsoever which are of a +great or very large Bulk or Fatness, by Right or Custom any Ways used +belonging to us and to the Office of our High Admiral of England, and +also of and Concerning all Casualties at Sea, Goods wrecked, Flotson +and Jetzon, Lagen, Thares [?], Things cast overboard and wreck of the +Sea, and all Goods taken or to be taken as Derelicts[4] or by chance +[found or] to be found, And all other Trespasses, Misdemeanors, +Offenses, Enormities and maritime Crimes whatsoever done and committed +or to be done and committed as well in and upon the high Sea as all +Ports, Rivers, Fresh Waters and Creeks and Shores of the Sea to high +Water Mark, from all first Bridges towards the Sea, in and throughout +our said Province of South Carolina, and Maratime Coasts thereunto +belonging, howsoever, wheresoever or by what Means so ever arising or +happening, and all such Things as are discovered and found out as +allso all fines, Mulcts, amercements and Compositions due and to be +due in that Behalf To tax, moderate, demand and collect and levy and +to cause the same to be demanded, levied and collected, and according +to Law to compose and command them to be paid, and also to proceed in +all and every the Causes and Business above recited, and in all other +Contracts, Causes, Contempts and Offences whatsoever, howsoever +contracted or arising (so that the Goods or Persons of the Debtors may +be found within the Jurisdiction of our Vice Admiralty in our Province +of South Carolina aforesaid) according to the Civil and Maritime Laws +and Customs of our said high Court of Admiralty of England anciently +used, and by all other lawful Ways, Means and Methods according to the +best of your Skill and Knowledge, And all such Causes and Contracts to +hear, examine, discuss and finally determine (saving nevertheless the +Right of appealing to our aforesaid High Court of Admiralty of +England, and to the Judge or President of the said Court for the time +being, and saving always the Right of our said high Court of Admiralty +of England, and also of the Judge and Register of the same Court, from +whom or either of them it is not our Intention in any thing to +derogate, by these Presents) and also to arrest and cause and command +to be arrested all Ships, Persons, Things, Goods, Wares and +Merchandizes for the Premisses and every of them and for other Causes +whatsoever concerning the same wheresoever they shall be met with or +found within our Province of South Carolina aforesaid and the +Territories thereof, either within Liberties or without, And to compel +all manner of Persons in that behalf, as the Case shall require, to +appear and to answer, with Power of using any temporal Coertion and of +inflicting any other Penalty or Mulct according to the right Order and +Courses of the Law, summarily and plainly, looking only unto the Truth +of the fact. And we impower you in this Behalf to fine, correct, +punish, chastise and reform and imprison and cause and command to be +imprisoned, in any Gaols being within our Province of South Carolina +aforesaid and maritime places of the same, the Parties guilty and +Violators of the Laws and Jurisdiction of our Admiralty aforesaid and +Usurpers, Delinquents, and contumacious Absenters, Masters of Ships, +Mariners, Rowers, Fisher men, Shipwrights and other Workmen and +Artificers whomsoever exercising any kind of maritime Affairs as well +according to the aforesaidmentioned civil and maritime Laws and +Ordinances and Customs aforesaid and their Demerits As According to +the Statutes and Ordinances aforesaid and those of our Kingdom of +Great Britain for the Admiralty of England in that behalf made and +Provided, And to deliver and absolve, to discharge and Cause and +Command to be discharged, whatsoever Persons imprisoned in such cases, +Who are to be delivered, and to promulge and interpose all manner of +Sentences and Decrees and to put the same in Execution, with +Cognizance and Jurisdiction of whatsoever other Causes, Civil and +Maritime, which relate to the Sea or which any Manner of ways respect +or Concern the Sea or passage over the Same or Naval or Maritime +Voyage performed or to be performed or the Maritime Jurisdiction above +said, with power also to proceed in the same According to the Civil +and Maritime Laws and Customs of aforesaid Court anciently used, as +well those of meer Office Mix'd or promoted[5] as at the Instance of +any Party, as the Case shall require and seem Convenient. And we do by +these presents, which are to continue during our Royal Will and +pleasure only, Further give and grant unto you James Michie Esq., Our +said Commissary, the Power of taking and receiving all and every the +wages, fees, Profits, Advantages and Commodities whatsoever in any +manner due and anciently belonging to the said Office, According to +the Custom of our High Court of Admiralty of England, Committing unto +you our Power and Authority Concerning all and Singular the Premises +in the several places above Expressed (Saving in all the Prerogative +of our said High Court of Admiralty of England aforesaid) together +with power of Deputing and Surrogating in your place for and +Concerning the premisses one or more Deputy or Deputies as often as +you shall think fit. Further we do in Our Name Command and firmly and +Strictly Charge all and Singular Our Governors, Commanders, Justices +of the Peace, Mayors, Sheriffs, Marshalls, keepers of all our Goals +and Prisons, Bailiffs, Constables and all other our officers and +Ministers and faithful and Leige Subjects in and throughout our +aforesaid Province of South Carolina And Territories thereuntobelonging +That in the Execution of this our Commission they be from time to time +Aiding, Assisting and yield due Obedience in all things as is fitting, +unto you and your Deputy Whomsoever, under pain of the Law and the +Peril which will fall thereon. Given at London in the High Court of +Our Admiralty of England aforesaid under the Great Seal thereof the +Sixteenth Day of June in the Year of our Lord One Thousand Seven and +fifty three and of our Reign the twenty sixth. + +SAML. HILL, Register.[6] + +[Footnote 2: Civil law judge.] + +[Footnote 3: Suicides.] + +[Footnote 4: Flotsam, goods found floating on the water from a wreck; +jetsam, goods thrown overboard from a ship which has perished; legan, +heavy goods thrown overboard with a line and buoy to mark where they +have sunk; derelicts, vessels abandoned on the seas.] + +[Footnote 5: _I.e._, cases where there was no one corresponding to the +plaintiff in a suit at common law, but where the judge proceeded, as +an exercise of his own duty (mere office) or on being promoted +(incited) thereto by an informer.] + +[Footnote 6: Register of the High Court of Admiralty.] + + +_182. Warrant to try Prizes. June 5, 1756._[1] + +[Footnote 1: South Carolina Admiralty Records, vol. E-F, p. 115. This +warrant is there entered in the records of the admiralty court for +Nov. 22, 1756, the judge, James Michie (see the two preceding +documents), presiding. Great Britain had declared war against France +on May 18, 1756. A similar warrant is in Anthony Stokes's _View of the +Constitution of the British Colonies_ (London, 1783), p. 280.] + +By the Commissrs. for Executing the Office of Lord High Admiral of +Great Britain and Ireland etc. + +Whereas his Majesty had declared Warr agt. France we do in Pursuance +of His Majesty's Commissn. under the great Seal of Great Britain dated +fourth day of this instant June (a Copy whereof is hereunto Annexed) +hereby will and require the Vice Admiralty Court of South Carolina, +and the vice Admirall, or his Deputy, or Judge of the said Court, or +his Deputy, now, and for the time being, to take Cognizance of, and +Judicially to proceed upon all and all manner of Captures, Seizures, +Prizes and reprizals of all Ships and goods already Seized and taken, +and which hereafter may be seized and taken, and hear and determine +the same and according to the Course of Admiralty and Law of Nations, +to adjudge and Condemn all such Ships, Vessels and Goods as shall +belong to France or the Vessels and subjects of the French King, or to +any other inhabiting within any of his Countries, Territories or +Dominions, and all 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 which shall be +brought before them for Trial and Condemnation, And for so doing this +Shall be their sufficient Warrant. Given under Our Hands and Seal of +the Office of the Admiralty this fifth day of June 1756 and in the +twenty ninth year of His Majestys Reign. + +ANSON.[2] +BATEMAN. +R. EDGCUMBE. + +[Footnote 2: Lord Anson, the celebrated admiral, was at this time +first lord of the admiralty. The other commissioners signing were +John, second viscount Bateman, an Irish courtier, and Richard +Edgcumbe, afterward the second Baron Edgcumbe, celebrated as a +dissipated wit.] + +To the Vice Admiralty Court of +South Carolina and the Vice Admiral +or his Deputy or the Judge of the said +Court or his Deputy, now, and for the +time being. + +By Command of their Lordships + J. CLEVLAND.[3] + +[Footnote 3: John Clevland, secretary to the Admiralty 1751-1763.] + + +_183. Standing Interrogatories. 1756._[1] + +[Footnote 1: From Anthony Stokes's _View of the Constitution of the +British Colonies_ (London, 1783), pp. 284-288; already in print, but +inasmuch as the most learned of American admiralty judges told the +editor of this volume that he had never seen a set of the standing +interrogatories, that were used at this period, it seems not +superfluous to print one here. Later sets, more elaborate, as used in +1798, may be found in Christopher Robinson's _Admiralty Reports_, I. +381-389, and in Marriott, _Formulare Instrumentorum_ (London, 1802), +pp. 130-148. Since in civil-law procedure witnesses were not examined +orally in open court, but all testimony was obtained in the form of +written depositions, it was advisable in prize proceedings, in order +that examinations might be thorough and searching, to employ standard +sets of questions, ready-made. Anthony Stokes (1735-1799), from whose +book the present specimen is taken, was an English or Welsh lawyer, +practised law in Antigua and St. Christopher 1763-1769, and was +chief-justice of Georgia, 1769-1776, 1779-1782, then retired to +England as a loyalist. His book contains many specimens of documents +used in proceedings before the vice-admiralty courts in the colonies.] + +_Antigua._ _Interrogatories_ administered to + witnesses _in preparatorio_, touching +In the Court of Vice and concerning the seisure and taking +Admiralty. of a certain Schooner, named + _Princess of Orange_, alias _Flying + Fish_, whereof Casparus Wyneburgh + was Master, by the private + Schooner of War _Mary_, whereof Edward Richards + is Commander. + +1. Where was you born, and where do you now live, and how long have +you lived there, and where have you lived for seven years last past? +are you subject to the Crown of Great Britain, or of what Prince or +State are you a subject? + +2. When, where, and by whom was the schooner and lading, goods and +merchandises, concerning which you are now examined, taken and seised, +and into what place or port were the same carried? whether was there +any resistance made, or any guns fired against the said schooner, or +persons who seised and took the same, and what and how many, and by +whom? + +3. Whether was you present at the time of the taking or seizing the +schooner and her lading, goods and merchandises, concerning which you +are now examined, or how and when was you first made acquainted +thereof? whether was the said schooner and goods taken by a man of +war, or a private man of war, and to whom did such man of war, or +private man of war belong? had they any commissions to act as such, +and from and by whom, and by what particular vessel, or by whom was or +were the said schooner seized and taken? to what kingdom, country, or +nation did the said schooner so seized and taken belong, and under the +colours of what kingdom, country, or nation did she sail at the time +she was so seized and taken? was the said schooner, which was taken, a +man of war, privateer, or merchantman? + +4. Upon what pretence was the said schooner seized and taken? to what +port or place was she afterwards carried? whether was she condemned, +and upon what account, and for what reason was she condemned, and by +whom, and by what authority was she so condemned? + +5. Who by name was the master of the vessel concerning which you are +now examined, at the time she was taken and seized? how long have you +known the said master? who first appointed him to be master of the +said schooner, and when did he take possession thereof, and who by +name delivered the same to him? where is the said master's fixed place +of habitation with his wife and family, and how long has he lived +there? what countryman[2] is he by birth, and to what Prince or State +subject? + +[Footnote 2: _I.e._, of what country.] + +6. What number of mariners belonged to the said schooner at the time +she was taken and seized? what countrymen are they, and where did they +all come on board? whether had you, or any of the officers or company, +or mariners, belonging to the said schooner or vessel, any part, +share, or interest in the said schooner concerning which you are now +examined, and what in particular, and the value thereof, at the time +the said schooner was so taken, or the said goods seised? + +7. Whether did you belong to the schooner or vessel concerning which +you are now examined, at the time she was taken and seized? how long +had you known her? when and where did you first see her? of what +burthen was she? how many guns did she carry? and how many or what +number of men did belong to, or were on board the said schooner at the +time she was taken, or at the beginning of the engagement before she +was taken? and of what country building was she? what was her name, +and how long had she been so called? whether do you know of any other +name she was called by? and what were such names, as you know or have +heard? + +8. To what ports and places was the said schooner or vessel concerning +which you are now examined bound, the voyage wherein she was taken and +seized? to and from what ports or places did she sail the said voyage +before she was taken and seized? where did the voyage begin, and where +was the voyage to have ended? what sort of lading did she carry at the +time of her first setting out on the said voyage, and what particular +sort of lading and goods had she on board at the time she was taken +and seized, proceeding upon a lawful trade? had she at that time any, +and what prohibited goods on board her? + +9. Who were the owners of the said schooner and vessel and goods +concerning which you are now examined, at the time she was taken and +seized? how do you know they were the owners of the said schooner and +goods at that time? of what nation are they by birth, and where do +they live with their wives and families? and to what Prince or State +are they subjects? + +10. Was there any bill of sale made to the owners of the said +schooner? in what month or year, and where and before what witnesses +was the same made, and when did you last see it, and what is become +thereof? + +11. In what port or place was the lading, which was on board the +schooner at the time she was taken and seized, first put on board the +said schooner? in what month and year was the lading so put on board? +what were the several qualities and quantities, and particulars +thereof? whether were the same laden and put on board the said +schooner in one port, or at one time, or in several ports and places, +and how many by name, and at how many several times, and what +particulars and what quantity at each port? who by name were the +several laders or owners thereof, and what countrymen are they? where +were the said goods to be delivered, and for whose account, and to +whom by name did they then really belong? + +12. How many bills of lading were signed for the goods seized on board +the said schooner? whether were the same colourable, and whether were +any bills of lading signed, which were of a different tenor with those +which were on board the said schooner at the time she was seized and +taken? and what were the contents of such other bills of lading, and +what are become thereof? + +13. What bills of lading, invoices, letters, or any instruments in +writing, or papers, have you to prove your own property, or the +property of any other person, and of whom in the schooner and goods, +concerning which you are now examined? produce the same, and set forth +the particular times when, and how, and in what manner, and upon what +account, and for what consideration you became possessed thereof? + +14. In what particular port or place, and in what degree of +latitude[3] were or was the schooner, concerning which you are now +examined, taken and seized? at what time, and upon what day of the +month, and in what year, was or were the said schooner so taken and +seized? + +[Footnote 3: A statement of the longitude, it will be observed, is not +required. Any navigator of that time could easily determine his +latitude, but there was no accurate method of determining longitude at +sea till John Harrison made his trial voyage to Jamaica with his +chronometer in 1761-1762.] + +15. Whether was there any charter party signed for the voyage, wherein +the schooner, concerning which you are now examined, was taken and +seized? what is become thereof? when, where, and between whom was the +same made? what were the contents thereof? + +16. What papers, bills of lading, letters, or other writings, any way +concerning or relating to the schooner concerning which you are now +examined, were on board the said schooner at the time of the seizure +of the said schooner? were any of the papers thrown overboard by any +person, and whom, and when, and by whose orders? + +17. What loss or damage have you sustained, by reason of the seizing +and taking of the said schooner concerning which you are now examined? +to what value does such loss or damages amount? and how and after what +manner do you compute such loss and damage? have you received any and +what satisfaction for such the loss and damage which you have +sustained, and when and from whom did you receive the same? + + + + +_LA VIRGEN DEL ROSARIO Y EL SANTO CRISTO DE BUEN VIAGE._ + + +_184. Libel of Richard Haddon. March 9, 1757._[1] + +[Footnote 1: This document, and all that follow relating to this case, +nos. 184-196, are derived from the files of the vice-admiralty court +which during the colonial period sat in New York. They are preserved +in the offices of the United States district court in that city. In +the case of the colonial admiralty courts which sat in Boston, +Philadelphia, and Charleston, only the record-books of those courts, +from which several of our documents were obtained, have survived, and +of the other courts apparently nothing; but from the New York +admiralty court we have, besides records, a copious mass of papers +relating to the cases, preserved by an exceptionally careful assistant +register. By the care of Hon. Charles M. Hough, U.S. circuit judge, +these papers have been arranged, mounted, and bound in model fashion. +In interpreting the papers here printed, the editor has been much +assisted by an opportunity to read a manuscript of Judge Hough's +concerning them. + +The case of the _Virgen del Rosario_, more exactly the cases of +Richard Haddon _v._ 10 Doubloons, etc., of Ybanez _v._ L2409, and of +the King _v._ Thomas Miller and Sampson Simpson, give excellent +illustrations of the chicanery with which prize cases could be +conducted and of the manner in which through admiralty courts the ends +of justice could be defeated. The materials are copious. The history +of the capture is sufficiently set forth in docs. no. 187 and no. 188. +The legal history of the case may be summarized as follows. Sept. 20, +1756, Nathaniel Marston and Jasper Farmar petition governor and +council for a privateer's commission for the _Peggy_ or _Charming +Peggy_, whereof Richard Haddon was to be commander, Christopher Miller +lieutenant; _Cal. N.Y. Hist. MSS._, II. 659. Sept. 29, 1756, the +commission is granted. Dec. 7, 1756, the _Peggy_ captures the schooner +_La Virgen del Rosario y el Santo Christo de Buen Viage_, plunders +her, and lets her go. (It will be remembered that Great Britain was +not at war with Spain at this time, but only with France.) Mar. 5, +1757, the _Peggy_ arrives at New York, "having taken as many Prizes +during her Cruize as she could well man"; _Pennsylvania Gazette_, Mar. +10. Mar. 9, Haddon libels the plunder (doc. no. 184). Mar. 31, the +admiralty judge decrees that it shall be his, provided no better +claimant arises within a year and a day, and provided he furnishes +sureties to the register of the court to the value of L2409. 4s. 11d.; +notes of Sir William Burrell on this case in _Reports of Cases +determined by the High Court of Admiralty and upon Appeal therefrom, +temp. Sir Thomas Saulsbury and Sir George Hay_, ed. R.G. Marsden +(London, 1885), pp. 185-186. July 26, 1757, the sureties present their +account of sales (doc. no. 186). Feb. 17, 1758, and Mar. 10, on +pressure from London, where Captain Ybanez has made his complaint, the +advocate general in New York files a claim for money and goods, in the +king's name, to restore them to the Spaniards. Apr. 5, the sureties +demur. Apr. 19, the judge dismisses the advocate general's claim. +Sept. 27, 1758, Ybanez files his own claim or libel (doc. no. 188), +but the judge rules Feb. 10, 1759, that his time had expired (Marsden, +_loc. cit._). Dec. 19, 1760, the Lords Commissioners of Appeals in +Prize Causes reverse the colonial court, and condemn the captor in +costs and damages (_ibid._, and doc. no. 195). July 4 and 26, 1761, +the New York judge declares that, while the Lords of Appeal had +apparently reversed his decree of Mar. 31, 1757, on Haddon's libel, +they had not reversed his decree of Feb. 10, 1759, on that of Ybanez, +the decree actually appealed from (court papers). But so the matter +had been dragged on until, Jan. 4, 1762, Great Britain declared war +against Spain, and it may be considered certain that Ybanez never +recovered anything; perhaps he did not deserve to, for pretty clearly +he had been violating or evading the laws of his own country. + +Meanwhile, July 14, 1758, the advocate general, on account of +irregularities on Haddon's part violating his commission as a +privateer, had sued his bondsmen (King _v._ Miller and Simpson). Their +counsel moved for a commission to take evidence in Havana, which was +granted by the court, Sept. 2, 1758; hence docs. nos. 189, 191-194. +June 27, 1761, on all the evidence now collected, the court decreed +forfeiture of the bond. July 7, 1761, the sureties appealed (doc. no. +196), but there is no record evidence that their appeal was ever +perfected, or that they ever paid. See doc. 196, note 1.] + +Province of New York } To the Honourable Lewis +Court of Vice Admiralty } Morris Esqr[2] Commissary + and Judge of the Court of + Vice Admiralty for the province + of New York. + +[Footnote 2: Lewis Morris (1698-1762)--son of Lewis Morris the +governor of New Jersey and father of Lewis Morris the signer of the +Declaration of Independence, of Richard Morris the judge, and of +Gouverneur Morris--was admiralty judge in New York from 1738 to 1762. +His own record of his life, from his family Bible, is in _N.Y. Gen. +and Biog. Record_, VII. 16-18.] + +The Lybell of Richard Haddon of the City of New York Marriner[3] +Commander of the private vessell of Warr called the _Peggy_ in behalf +of himself and the Owners and Company of the said Schooner _Peggy_ in +all Humble Manner Sheweth unto your honor that his most Gracious +Majesty George the Second, by the Grace of God of Great Brittain +france and Ireland King, Defender of the Faith, Vfd. by his Commission +under the seal of the Court of Vice Admiralty of New York Bearing date +the Twenty Ninth Day of September in the year of our Lord one thousand +Seven hundred and fifty Six writeing as is therein Recited did thereby +Grant Commission to and Lycence and Authorize Jasper Farmer[4] and +Nathaniell Marston[5] of the City of New York Merchants to Sett forth +in warr Like manner the said Schooner called the _peggy_ under the +Command of the said Richard Haddon, therewith by force of Arms to +Attack, Surprize, Seize and take by and with the said Schooner and the +crew thereof any place or fortress upon the Land or any Ship or +Vessell, Goods, Amunition, Arms, Stores of Warr or Merchandize +belonging to or possessed by any of his said Majesties Enemies in any +Sea, Creek, Haven or River and Such other Ships, Vessells and Goods +which are or shall be Lyable to Confiscation pursuant to the treaties +between his Said Majesty and Other princes, States and potentates and +to bring the same to such port as should be most convenient in Order +to have them Legally Adjudged in his said Majesties high Court of +Admiralty of England or before the Judges of such other Admiralty +Court as Shall be Lawfully Authorized within his Majesties Dominions, +which being Condemned it Should and might be Lawfull for the said +Richard Haddon to sell and Dispose of Such Ships, Vessells, and Goods, +Amunition, Arms, Stores of Warr or Merchandise so Adjudged and +Condemned in Such sort and Manner as by the Course of the Admiralty +hath been Accustomed as by the said Commission may more fully Appear, +and the said Richard Haddon Doth further Show unto your Honour that in +pursuance of his Said Commission on or About the Seventh Day of +December Last past being on the High Seas within the Jurisdiction of +this Court in the said Schooner _Peggy_ with his Company and Crew on +Board the Same in or About the Latitude of twenty-one Degrees and +Eighteen Minutes North Longitude Eighty Seven[6] Degrees fifty Seven +Minutes West from London he did meet with, sett upon and take a +Certain Schooner Belonging to the Subjects of the french King Enemies +of our Said Lord King George the Second, having on Board ten +Doubleloons,[7] five thousand seven hundred and Sixty four Dollars, +one hundred and five pistereens,[8] and Some Small Silver as also one +Bracelett, twenty Gold rings, Some Silver Buckells, six Swivell Guns, +Some Shott, one Cask of Powder, Some Cutlasses and one Kegg of Indigo +being the Money, Chattles, Goods and Effects of the Subjects of the +french King, Enemies of our Said Lord King George the Second, which +money, Bracelett, Rings, Buckells, Swivell Guns, Shott, powder, +Cutlasses and Indigo Belonging to the Subjects of the french King and +Enemies of our Said Lord King George the Second the said Richard +Haddon hath brought into this his Majesties port of New York in the +said Schooner _Peggy_ in Order to have the Same Legally Condemned by +the Sentence and Decree of this Honourable Court (But the said +Schooner being unfitt to Come upon a Winters Coast and he the said +Richard Haddon having a Great Number of prisoners Delivered her to a +Number of them to Carry them to some french port After takeing out of +her the Money, Goods and Chattles aforesaid) Wherefore the said +Richard Haddon Humbly prays your Honour that the said Money, +Bracelett, Rings, Buckells, Swivell Guns, Shott, Powder, Cutlasses +and Indigo Aforesaid belonging to the Subjects of the french King and +Enemies of our Said Lord the King may by the Sentence and Adjudication +of this Honourable Court be Condemned as Lawfull prize to the Use of +the said Richard Haddon and the Owners and Company of the said +Schooner _Peggy_ According to the Common Right of Nations and the Law +of Arms in Such Case used. + +RICHD. MORRIS Pr.[9] for the Lybellent. + +[Footnote 3: Richard Haddon, mariner, was a New Jersey man, but became +a freeman of New York City in 1749; _N.Y. Hist. Soc. Fund Pubs._, +1885, p. 167. An extract from a letter of his, written during this +same cruise, Dec. 29, 1756, and conveying valuable information he had +picked up respecting the proposed expedition of the French up the +Mississippi to the Illinois country, is printed in _N.Y. Col. Docs._, +VII. 219; it was an enclosure in a letter from Governor Hardy of New +York to Secretary Pitt, Feb. 26, 1757, printed in Miss Kimball's +_Correspondence of William Pitt_, I. 12; _cf._ p. 31.] + +[Footnote 4: Jasper Farmer, merchant, owner in several privateers of +the time, and militia captain, was killed a few months later, Apr. 23, +1758, by one whom he was trying to impress.] + +[Footnote 5: Also an owner in several privateers; will (1778) in _N.Y. +Hist. Soc. Fund Pubs._, 1900, p. 50.] + +[Footnote 6: A scribe must have misread the figure 81, which appears +in other documents, into 87. In reality, 87 deg. 57' W., in the latitude +named, would locate the capture on dry land, in Yucatan. It took place +near the Isle of Pines, south of the western part of Cuba.] + +[Footnote 7: A doubloon was a Spanish gold coin, equal to $8.24.] + +[Footnote 8: A pistareen or peseta was equal to about 19 cents.] + +[Footnote 9: Proctor. Richard Morris (1730-1810), son of the judge +(note 2, above), and at this time practising in the court, succeeded +his father as admiralty judge in 1762 (commission Oct. 16, see doc. +no. 180, note 1), and served as such till 1776, when he took the +American side. From 1779 to 1790 he was chief justice of the Supreme +Court of New York.] + +[_Endorsements:_] New York Court of Vice Admiralty.-- + +Richd. Haddon in Behalf of himself the Owners and Comp'y of the +Schooner _Peggy_ _v._ 10 Doubleloons, 5764 Dollars, 105 Pisterreens, +one Bracelett, 20 Gold rings, Some Silver Buckells, Some Small Silver, +six Swivell Guns, Some Shott, one Cask of Powder, Some Cutlasses and +one Bagg of Indigo.--Read and filed Wednesday the 9th of March 1757. +Proclamations Wednesday the 9th, Thursday the 10th and Fryday 11th +March. Sentence Thursday 31st of March. + + +_185. Deposition of Francisco Raphe. March 31, 1757._[1] + +[Footnote 1: The document is endorsed as filed on the same date.] + +Province of New York ss. + +The Deposition of Francisco Raphe Having been before Sworn and now +Examined on the part and behalf of Richard Haddon Commander of the +private Vessel of War the _Peggy_, Against Ten Doubleloons, five +Thousand Seven Hundred and Sixty four Dollars, One Hundred and five +Pisterreens, one Bracelet, Twenty Gold Rings, Some Silver Buckles, +Some Small Silver, Six Swivel Guns, Some Shot, one Cask of Powder, +Some Cuttlasses and one Keg of Indigo. + +1. To the first Interrogatory this Deponent saith that his Name is +Francis Rafe, and is twenty Six Years of Age, that he is a Native of +Sierra[2] in Greece and Subject to the Grand Turk, by Ocupation a +Mariner. + +[Footnote 2: Presumably the island of Psyra in the Aegean, now called +Psara.] + +2. To the second He says, that two Days after the Vessel he was on +board of Sailed out of Cuba they were taken by Capn. Haddon, which was +about December last, that he does not know the Vessels Name of which +he was aboard for she had no Regular Commander, no Dispatches or +Papers of any kind from any Port or Place whatsoever And he believes +that had said Vessel been taken by any Vessel of any Nation she would +have been a lawfull prize, and had she been taken by a Spanish Guarda +Costa, the whole Ships Crew would have been Hanged as Pirates, that +there were on board of all Nations almost, as Genoves, French and +others, In Number Seventy two, and that one of the Chief in Particular +was a Frenchman Subject to the French King. That He knows no further +to Declare in Relation to any other Interrogatories, but only that He +absolutly from all the Knowledge he can form thinks her to be a just +and Lawfull prize. + +FRANCISCO RAPHE. + +Examined the 31st March +Anno Dom 1757 +(GARRET NOEL, Spanish Interpreter)[3] + RICHD. NICHOLS Reg'er.[4] + +[Footnote 3: "Spanish interpreter of the province of New York"; _Cal. +N.Y. Hist. MSS._, II. 662, and _Cal. Council Minutes_, p. 443. Elder +in the Presbyterian Church; _Cal. N.Y. Hist. MSS._, II. 698, and _Doc. +Hist. N.Y._, III. 300. Schoolmaster; _N.Y. Hist. Soc. Fund Pubs._, +1885, p. 177. "Mr. Garret Noel, for many years a respectable +bookseller in New York, died at Elizabethtown, N.J., September 20, +1776, aged 70"; _ibid._, 1899, p. 370.] + +[Footnote 4: Register of the court of admiralty till his death, Aug. +19, 1775. "During a residence in New York of 60 years he followed the +Profession of Law. He was of a respectable family in Wales". _Ibid._, +1899, p. 296, where his will is given.] + + +_186. Account of Sales. July 26, 1757._[1] + +[Footnote 1: The document is not dated; the date may be supplied from +doc. no. 188, p. 550, _infra_.] + +Sales of Sundrys takeing and Brot. in by the Privateer Schooner +_Peggy_ Richd. Haddon Commr. + +1 Brasslett L 2. 0. 0 +20 Gold Rings Case Mattle[2] @ 8/ 8. 0. 0 +Some Odd Silver Buckles 2. 0. 0 +Some Small Silver 1.12. 7 +6 Swivle Gunns @ 40/ 12. 0. 0 +Some Shott 9. 6 +Cagg Powder 2.12. 0 +Some Cuttlasses 18. 0 +1 Kegg Indigo 10. 3. 4-3/4 + --------------- 39.15. 5-3/4 +5764 Dollars @ 8/ L2305.12. 0 +10 Doubleloons @ 112/ 56. 0. 0 +105 Pistereens 1/6 7.17. 6 + --------------- 2369. 9. 6 + --------------- + L2409. 4.11-3/4 + --------------- + +[Footnote 2: Metal? The valuation indicates alloyed gold. The slanting +mark after 8 is for shillings, and the shilling in this account is the +New York shilling, equivalent to 12-1/2 cents.] + +Errors Excepted + +THOS. MILLER.[3] + +[Footnote 3: Thomas Miller was a nephew of Jasper Farmer; C.F. +Billopp, _History of Thomas and Ann Billopp Farmer_, pp. 45, 46.] + + +_187. Deposition of Don Felipe Ybanez.[1] September 2, 1758._ + +[Footnote 1: In some of the documents the name is found written, by +ignorant scribes, Philip y Banes, and therefore it is found under +Banes in some indexes. Ybanez, arriving in Jamaica soon after the +capture, complained to Vice-Adm. George Townshend, commanding on that +station, of the "piratical behavior" of Haddon. Townshend wrote to the +secretary of the admiralty, enclosing affidavits. Holdernesse, +secretary of state, sent on May 20, 1757, a circular to the colonial +governors, printed in _N.C. Col. Rec._, V. 756, expressing his +Majesty's indignation at such actions toward a neutral, and ordered +the governor of New York to proceed against Haddon. The _Calendar of +Council Minutes_, p. 434, shows the letter to have been received, July +16. On Sept. 16 Secretary Pitt sent a circular to the governors with +strict commands against molesting Spanish subjects; Kimball, _Corr. of +William Pitt_, I. 105. On Feb. 13, 1758, Lieutenant-governor James +DeLancey writes (_ibid._, I. 181) that this circular had been received +Jan. 19, and that a proclamation had at once been issued. He adds, +"Capt. Phillip Ybannes who was plundered by Capt. Richard Haddon is +now here and I have put him in a way to recover the loss he has +sustained and if he meets with Justice in the Admiralty he cannot fail +of a recompence."] + +Province of New York. +Court of Vice Admiralty. + +The Deposition of Don Phelipe Ybanes being before Sworn and now +Examined on the part of our Lord the King on the Lybel of William +Kempe, Esqr.[2] his Majes'ys Advocate General for this Province of New +York Against Thomas Miller and Sampson Simpson[3] Defendants. + +[Footnote 2: Attorney general 1752-1759, advocate general 1753-1759, +d. 1759. He filed his claim on behalf of the crown Feb. 17 and Mar. +10; the judge dismissed it Apr. 19, 1758, on the ground that the king +had no interest in the goods. Marsden, p. 185; doc. no. 188, and other +papers.] + +[Footnote 3: Samson or Sampson Simson, d. 1773, son of Rabbi Joseph +Simson and uncle of that Samson Simson who founded the Mt. Sinai +Hospital, was the chief Jewish merchant in New York, owner of several +privateers, and later one of the founders of the Chamber of Commerce. +At this time he was _parnas residente_ (president) of the Congregation +Shearith Israel, till 1825 the one Jewish congregation in New York. +_Publications of the American Jewish Hist. Soc._, II. 83, III. 81, X. +109-117, XI. 155, XXI. 74, XXV. 90. Dr. Benjamin Kennicott, in _The +Ten Annual Accounts of the Collation of Hebrew MSS. of the Old +Testament_ (Oxford, 1770), p. 161, mentions information from President +Cooper in New York "that Mr. Sampson Simson, a very worthy and +benevolent old Gentleman, of the Jewish persuasion, living in that +city, is in possession of a MS. of very great antiquity, containing +the whole Hebrew Bible"--on which see Ezra Stiles, _Literary Diary_, +III. 3, 32.] + +1st. This Deponent saith that his Name is Phelipe Ybanes Aged thirty +seven years Born at St. Lucar[4] in Old Spain by Ocupation a Mariner +and subject to the King of Spain. + +[Footnote 4: At the mouth of the Guadalquivir. Columbus sailed thence +on his third voyage, in 1498.] + +2ly. That his first knowledge of Richd. Haddon and the Schooner +_Peggy_ was on the sixth or Seventh Day of December 1756. That he +first knew the Schooner called the _Virgin of the Rosary and Santo +Christo_ in the year 1756 when he bought her in Jamaica. That she +belonged to Port Trinity[5] on the Island of Cuba immediately before +the 6th and 7th Days of December 1756. He this Depon't being then +Commander of said Schooner having his Resident in the Havana with his +Family. That he was on board said Schooner on the 6th and 7th days of +December 1756 as Commander and Owner. That said Schooner was not then +Equipped to use Force in any manner but only as a trading Vessel. That +she had on board three small Guns unloaded and Six Swivel Guns, three +of which were Loaded with Ball in Case of Necessity to make Signals +but all in the Hold for Ballast, and fourteen Hangers,[6] which was +all the Arms on board. That he this Deponent was sole Owner of said +Schooner at that time. That when he this Deponent was met with by +Richd. Haddon on the 6th or 7th Day of December 1756, he[7] came from +Port Trinity but last from Port Banes[8] Eight Leagues from the Havana +in the same District where he touched and took in for Jamaica, where +he was Bound, two Passengers both Eng'h Subjects named Henry +Myerhoffer[9] and Willm. Abbot[10] Beside which he took in Eight +Spaniards. That they then made to the Number of Sixteen Spaniards on +board and two English, seven of which were Mariners. The Names of the +Spaniards were Don Phelipe Ybanes Capn. and Owner, Don Francisco +Garcia, Pasqual de Cordova, Don Geronimo de la Cal, Cayetano Peres, +Pablo Antonio Corea, Marcelino Marero, Silvestre Manuel de Castro, +Miguel de Fuentes, Henry Myerhoffer, and Wm. Abbot English Passengers, +Juan Lorenso Boatswain, Matheas Antonio, Antonio Malacallo, Bedro +Valderama, Antonio Gonis, Bernardo Martines, Antonio Navarette, +Mariners. That the Spanish Passengers were Residents at the Havana +with their Families and so were the Seamen Except one who is a +Resident at St. Agustin. That the motive of the Spanish passengers +going in said Schooner was to trade at Jamaica. That said Schooner had +no more Mariners on board than is Customary nor so many as is quite +Necessary for such a Vessel. That there was no such person on board +said Schooner as Francisco Raphel[11] at the time she was taken by +Richd. Haddon nor any French Subjects. + +[Footnote 5: Trinidad, near the middle of the south side of Cuba.] + +[Footnote 6: Small short swords.] + +[Footnote 7: The deponent.] + +[Footnote 8: Cabanas, 35 miles west of Havana.] + +[Footnote 9: A German living in Georgia, see doc. no. 194, paragraph +5.] + +[Footnote 10: Also a resident of Georgia (_ibid._); constable of +Frederica some years before, _Col. Rec. Ga._, VI. 210.] + +[Footnote 11: See doc. no. 185.] + +3ly. That all the Papers was the Licence and some Letters for some +Merch'ts at Kingston in Jamaica. That said Licence was for said +Schooner to go from Port Trinity to Port Mansanillo[12] which Licence +and said Papers was taken from said Don Phelipe Ybanes by said Richd. +Haddon by Force. That he this Deponent as soon as he came on board the +Privateer shewed Richd. Haddon his Licence. + +[Footnote 12: Manzanillo is on the south coast of Cuba, two hundred +miles east of Trinidad, and thus on the way to Jamaica! It should be +mentioned that export of provisions from Cuba to Jamaica was forbidden +by Spanish regulations.] + +4ly. That at the time of the Seizure of said Schooner, the Cargoe +consisted of the following particulars--Six Thousand Nine Hundred and +Seventy five Spanish Heavy Dollars,[13] Six Hundred and Sixteen +Dollars in Dobloons, two Hundred and Eighty Dollars in Gold Trinkets, +a Bag[14] of Indigo [of] 125 lbs., the greatest part of the Schooners +Provisions, the Spanish Colours, about 50 lbs. Gun Powder, Six Swivel +Guns, about twenty Balls, a Box Sweetmeats Value Forty Dollars, and +fourteen Hangers--all which belonged to this Deponent and other +Spanish Subjects now in New York. + +[Footnote 13: _Pesos fuertes_, Mexican hard dollars.] + +[Footnote 14: Elsewhere _kagg_, keg.] + +5ly. That said Richd. Haddon when he met with the said Spanish +Schooner fired a Ball at her notwithstanding she had her Spanish +Colours Flying and had brought to to speak with said Haddon and the +Reason that induced said Deponent not to make the most of his way from +said Privateer was that he knew the two Crowns of England and Spain to +be in Friendship. That the Privateer Boat came on board said Spanish +Schooner with a Lieut. Christop'r Miller[15] by Name and seven more +Seamen. That he this Deponent shewed said Lieut. his Licence telling +him at the same time that they were Spaniards and the Vessel and +Cargoe Span'h property, From whence they came and whither Bound. That +said Lieut. and People seemed very Civil and Regular till they +discovered the Money which as soon as they had done, they Insisted on +the Spaniards having run away with it and gave that as a pretence for +Seising it which they did and carryed the same away by Force with +other particulars already mentioned by this Deponent. That said Richd. +Haddon did order this Deponent and all the People (except two or +three) on board the Privateer and there treated them as Prisoners, +said Haddon being on board. That he this Deponent told said Haddon +from whence he came and where he was bound to and that he was a +Subject of Spain and declared that Himself was Commander of said +Schooner when she Sailed from the Havana and that he shewed said +Haddon his Licence and other Papers. That said Haddon did not declare +that he would carry the said Schooner to the Havana, on the contrary +this Deponent and the People belonging to the Spanish Schooner were +very desirous of it and requested of him to carry them there. That +said Rd. Haddon's Lieut. and People did by Force and Violence Seize +said Money and Effects and carry them away against the Consent and +Solisitation of this Deponent and people belonging to said Spanish +Schooner. That said Span'h Schooner was at that time in good Order and +well Conditioned both as to her Hull, Sails and Rigging and fitt to +come to New York. That this Depont. desired of sd. Rd. Haddon that the +Money might be Counted but sd. Haddon Refused it. That when this +Deponent and People were brought on board the Privateer they were all +of them Searched and Money and Effects taken from the Several +following Persons. From Miguel Fuentes 1 pair Silver Buckles and 1 +pair Gold Buttons, From Don Geronimo de la Cal 1 pair of silver +Buckles and a Ring, From Pablo Antonio Corea 1 pr Silver Buckles, From +Cayetano Peres 1 pair Silver Buckles and four Dollars. All these were +taken from the People beside the Money and Effects brought from on +board the Spanish Schooner. That said Rd. Haddon never told them that +he would proceed to New York in order to Lybel the Money and Effects +aforesaid but on the Contrary Endeavoured to Conceal his Name and from +whence he came as much as possible from this Deponent and his people. +That there never was any Agreement between this Deponent and his +People with Rd Haddon or anything like it relating to the Money and +Effects aforesaid. That said Richd. Haddon's Lieut. Chrsr. Miller by +Name, with some of the Mariners belonging to said Privateer, did treat +this Deponent and Comp'y belonging to said Spanish Schooner with +threatning and abusive Language on Returning them on board said +Spanish Vessel. That said Rd. Haddon did not offer to bring this +Depont. and People to New York, for as was declared before He did not +mention New York nor did this Deponent and People know he came from +thence. That said Rd. Haddon did take from on board said Spanish +Schooner and carry away with him in the said private Vessel of War, +two Passengers by Names Henry Myerhoffer and Willm. Abbot both +subjects of Great Britn. That this Deponent did Request said Richd. +Haddon to carry him to some Eng'h Port but was refused. That he this +Deponent did Request from said Richd. Haddon a Receipt or Certificate +Acknowledging that he the sd Rd. Haddon had taken from on board the +said Span'h Schooner the Money and Effects aforesaid, which said +Deponent Requested in order to shew as a proof of what had happened to +him. That the said Richd. Haddon did thereupon give this Deponent a +Receipt or Certificate, but afterwards said Receipt was Demanded from +him by the said Christopher Miller which this Deponent Refusing to +Return, said Chrisr. Miller did by Threats, Force and Violence take +said Receipt or Certificate from this said Deponent as they were in a +Boat in their Return on board said Spanish Schooner. + +[Footnote 15: A nephew of Jasper Farmer; C.F. Billopp, _History of +Thomas and Ann Billopp Farmer_, pp. 45, 46.] + +6ly. To this Interrogatory can say Nothing. + +7ly. That said Spanish Schooner after the Transaction aforesaid did +Return to the Havana, where he this Deponent was informed by some +Frenchmen that had been taken by said Rd. Haddon since this Deponent, +that sd Haddon had proceeded in said Private Vessel of War to Sta. +Lucea[16] on the Island of Jamaica, whereupon this Deponent determined +to go there in Quest of him in order to procure Satisfaction for the +Injury he had Received from him. That shortly after the Arrival of +this Deponent at the Havana, an English Man of War came into that +Port. That He this Deponent made Application to the Capn. for his +Advice and Assistance, who thereupon gave him a Certificate to the +Governour and the Admiral Stationed at Jamaica. That this Deponent +thereupon proceeded to Santa Lucea but said Rd. Haddon was sailed from +thence before this Deponent arrived there. That said Haddon was at +Santa Lucea fifteen Days as this Deponent was Informed. That he there +met with the two aforesaid Englishmen, that this Depont. had taken +Passengers in his Schooner, but were carryed away by said Richd. +Haddon. That this Deponent proceeded afterward with said Spanish +Schooner to Kingston on Jamaica and there made his Complaints to the +Governor and Admiral against Rd. Haddon.[17] That the said two +Englishmen who had been Passengers in said Spanish Schooner, did make +Oath before the Governor of Jamaica of the Transactions of said Rd. +Haddon his Officers and People. That the Exhibits now Shewn him marked +A No 1 and No 2 are the Affidavits lay'd before the Governor of +Jamaica in support of the Truth of the Complaints made by him this +Deponent against said Rd. Haddon, his Officers and People which this +Deponent brought with him from Jamaica to New York. That the Name +Subscribed to the Affidavit in the Exhibit marked A No 1 is his own +Hand Writing and attested as Expressed in said Instrument of Writing. +That said Henry Myerhoffer did Subscribe his Name to the Affidavit and +that he knows that to be his Hand Writing in the Exhibit marked A No +2, and that he attested the same in manner therein Expressed. That +Admiral Townsend in pursuance of the said Complaint and proofs +Dispatched a small Man of War under his Command in pursute of said +Richd. Haddon in order to bring said Schooner _Peggy_ into Port +Royal[18] on the Island of Jamaica aforesaid. + +[Footnote 16: Now Lucea, at the northwest corner of the island.] + +[Footnote 17: Henry Moore, lieutenant governor, was acting as +governor. The preceding governor, Vice-Adm. Charles Knowles, had +lately removed the seat of government from Spanish Town to Kingston.] + +[Footnote 18: Port Royal, on the south side of Kingston harbor, was +the first capital of the island; but probably Ybanez means the +harbor.] + +8ly. That this Deponent did afterward Return to The Havana and Arrived +there on or about the 16 May 1757. That said Admiral Townsend did +afterward arrive at the Havana and Advised this Deponent to proceed +to New York not doubting but he would receive Satisfaction for the +Injury done him by said Rd. Haddon his Officers and Crew belonging to +said Schooner _Peggy_ and that in Case he should not Receive the +Satisfaction he Expected, then to proceed with the Affidavits to +London to demand it there. That said Admiral being then in the Havana +gave him a Letter to the Gover'r of New York Recommending to him to +procure Justice to be done to this Deponent. + +9ly. Does not belong to this Deponent to Ansr. + +Lastly, He says that he knows of nothing further Necessary to or +Concerning these Interrogatories. + +PHELIPE YBANES. + +Examined the 2d of September Anno Dom 1758. +(Assisted by Garrat Noel Sworn Spanish Interpreter) + RICH'D NICHOLLS, Regr.[19] + +[Footnote 19: The document is endorsed as filed Sept. 2.] + + +_188. Libel of Felipe Ybanez. September 27, 1758._ + +Province of New York } To the Honourable Lewis +Court of Vice Admiralty } Morris Esqr. Commissary + and judge of the + Court of Vice Admiralty + for the Province of New + York. + +The Lybel and Claim of Philip y Banes otherwise called Philip Vanes, +otherwise called Philip de Francis, + +Humbly Sheweth, + +That he the said Philip is a Native of St. Lucar in the Dominions of +Spain and a subject of his Catholick Majesty, and an Inhabitant of the +Havannah in the Dominions of his said Catholick Majesty, and that he +the said Philipe was at the Time of the Capture herein after mentioned +Master and sole Owner of a certain Spanish Schooner called _La Virgin +del Rosario y el Sancto Christo de buen Voyage_: That being on a +Voyage from Trinidada, and having a Passport for Mansennello he went +to the Havannah leaving his said Schooner at a Landing Place about +eight Leagues distant from thence called Vanes[1] and there in +Pursuance of a Proposal which had been for that Purpose made to him +before he had left Trinidada aforesaid on the 10th of November one +Thousand seven hundred and fifty six entered into a written Agreement +with Caleb Davis[2] of the English Nation and Transiently in that +City, the Purport of which Agreement was that he should carry in his +said Schooner one Henry Myerhoeffer and one Wm. Abbot an Englishman to +Port Royal on the Island of Jamaica carrying with them certain Papers +and Letters relating to an Affair with which he the said Davis was +charged in Virtue of an Order from his Sovereign the King of Great +Britain, who were to remit to him the said Caleb certain Merchandize +which he had given them Orders to send on his Account and Risque for +the Supply of his urgent Necessities which when complyed with he +obliged himself to pay to the said Philip the sum of one thousand +Dollars without Delay, as by the said Agreement ready to be produced +may appear; That after his having made the said Agreement, his said +schooner being at the said Landing Place called Vane's he took on +Board the said Schooner the said Henry Myerhoffer and Wm. Abbot and +their Letters and Papers and Eight other Persons, all subjects of his +Catholick Majesty, who engaged to go as Passengers in the said +Schooner to the said Island of Jamaica. And the said Philip further +saith that he had also on Board his said Schooner one Mate or Pilot +and six Marriners to navigate the said Schooner who were all likewise +Subjects of his said Catholick Majesty and among other Goods had on +board the said Schooner several Bags of Money which contained In +silver to the Amount of six Thousand nine hundred and seventy five +mill'd Dollars, and in Gold the Value of six hundred and sixteen +mill'd Pieces of Eight and divers Gold Rings and other Trinkets to the +Value of two hundred and eighty mill'd Pieces of Eight, six +Pateraroes[3] of the Value of sixteen Pounds, a Parcel of Gun Powder +containing in quantity about fifty Pounds of the Value of Eight +Pounds, one Bag of Indigo containing in quantity about one hundred and +fifty Pounds of the Value of sixty Pounds, and a Chest of Sweetmeats +which cost in the Havannah forty Dollars of the value of sixteen +pounds, fourteen Spanish Machets[4] of the Value of twenty two Pounds +eight Shillings, one Pistol of the value of one pound five shillings, +thirty swivel shot of the Value of fifteen shillings, all New York +money, together with sundry other Goods mentioned in a Lybel filed in +this Court by the said Richard Haddon hereinafter mentioned, all which +were the Property of him the said Philip Y'Banes and others the +Subjects of the King of Spain in Amity and Friendship with the King of +Great Britain; That he the said Philipe afterwards being in the Course +of his Voyage to the Island of Jamaica aforesaid on the high Seas and +within the jurisdiction of this Court about ten Leagues to the +Southward of the Island of Pines, on or about the sixth day of +December which was in the year of our Lord one Thousand seven hundred +and fifty six, he the said Philip was attacked and set upon in his +said Schooner by one Richard Haddon, Commander of a Schooner called +the _Peggy_ being a private Vessel of War from this Port of New York; +That he the said Richard Haddon having fired a Gun against the said +Spanish Schooner and brought her to, sent the Boat of the said +Privateer on Board the said Spanish Schooner, manned and armed, +together with one officer of him the said Richard Haddon which the +said Philip took to be his first Lieutenant, and others of the Crew of +the said Privateer _Peggy_, who searched into and Examined the sd +Spanish Vessel where they found all the money and Goods aforesaid, +all which by the said Officer and Crew were taken out of the said +Spanish Schooner and carried on Board the said Privateer the _Peggy_, +commanded by the said Richard Haddon; That he the said Philip Y Banes +was then and there in a forcible manner taken out of the said Spanish +Schooner by the said Lieutenant and Crew of the said Privateer the +_Peggy_ or some of them and carried on Board the said Privateer, where +the said Philip Y: Banes was searched from Head to Foot by the said +Richard Haddon, the said Lieutenant or officer and others of the Crew +belonging to the said Privateer by the Orders of the said Richard +Haddon, and he the said Philip was then and there unlawfully stripped +by the said Richard Haddon and others of his Crew of the Value of Two +Hundred and twelve Dollars in Gold which he the sd. Philip had +concealed in his Breeches; That he the said Philip did then and there +shew to him the said Richard Haddon his Passport and other papers and +Documents evincing Spanish Property in his said Schooner and Cargo, +and the Intent of his present voyage, and did insist and declare to +him the said Richard Haddon that his sd. Vessel and all the Money, +Goods and Effects that he had on Board wch. had been so seized and +taken as aforesaid were the Property of himself and others the +subjects of his said Catholick Majesty and did belong to no other +Person or Persons whosoever, and did request and intreat him the said +Richard Haddon to restore to him the said Philip the said Money, Goods +and Effects, or to bring him into this port of New York that he might +have an Oppertunity of making his Claim and proving his property to +and in the monies Goods and Effects so taken from him the said Philip +by him the said Richard, his Officers and Crew as aforesaid, But the +said Richard Haddon did altogether refuse to restore the same to the +said Philip or to permit or Suffer him the said Philipe or any of his +Officers or People to come with him in the said Schooner _Peggy_ to +this Port of New York; That the said Philip did then desire the said +Richard to give him a Receipt or Certificate of the money, Goods and +Effects which had been so seized and taken from him as aforesaid, that +he might satisfy all parties concerned in the same Money, Goods and +Effects of the manner How he had been deprived of the same; That the +said Richard did then Deliver to the said Philip a Writing which he +said did Contain such Receipt or Certificate, But afterwards the first +Lieutenant of him the said Richard did require and Insist that he the +said Philipe should redeliver the same to him; That the said Philip +refused to redeliver the said writing and thereupon the said first +Lieutenant lifting up his Fist threatned to knock him down if he +resisted, and with his Other Hand took the said Certificate thus +forcibly and Violently out of said Philips Pocket where he had +endeavored to secure the same, And the said Philip further sheweth +that the said Richard did also take from on board the said Schooner +the said Henry Myerhoffer and William Abbot, his said two Passengers, +And also his passport and other papers shewn to him the said Richard +to the purpose aforesaid, and after giving the said Philip very +threating and abusive Language did then and there send the said +Philip, despoiled and deprived of his money, Goods and Effects, +passport and other papers aforesaid, on Board his said Spanish +Schooner; That the said Richard Haddon did afterwards proceed with the +said privateer _Peggy_ to Lucea on the Island of Jamaica and there +careened and fitted her for the sea and during the time he say[5] +there kept the said Henry Myerhoffer and William Abbot closely +confin'd in order to prevent their discovering or Complaining of this +Treatment he the said Philip had received from the said Richard +Haddon, his Officers and Crew as aforesaid. And when and not before +the said privateer had Hoisted sail to Leave Lucea aforesaid the said +Henry Myerhoffer and William Abbot were set at Liberty, and the said +Privateer proceeded to sea. And the said Philip further Sheweth that +He the said Richard Haddon in the said Privateer Did afterwards Arrive +at this port of New York And that the said Richard Haddon did +afterwards on or about the ninth Day of March in the Year of our Lord +one Thousand Seven hundred and fifty six[6] by his Lybel filed in +this Court claim Part of the Money, Goods, and Effects which had been +taken from him the said Philip in Manner aforesaid, viz. Ten +Doubloons, five Thousand seven hundred and sixty four Dollars, one +Hundred and five Pistreens and some small Silver, as also one +Bracelet, twenty gold Rings, some Silver Buckles, six swivel Guns, +some Shot, one Cask of Powder, some Cutlasses and one Bag of Indigo, +as being the Property of the Subjects of the French King and prayed +that the same might by the Sentence of this Court be adjudged and +condemned as Lawfull Prize to him the said Richard Haddon and the +Owners and Company of the said Privateer _Peggy_, as by the said Lybel +filed in this Court, Reference being hereunto had, may more fully +appear; That the said Philip not having any Pilot or Person on Board +his said Vessel who was acquainted with the Navigation on this Coast +was all together deprived of the Means and Opportunity of making his +Claim and Defence to the said Lybel; That immediately after the said +Seizure he returned with said Spanish Schooner to the Havannah, and +complained there, of the said abuse that he had received from the sd. +Richard Haddon and his Officers and Company. That the Governour of the +Havannah[7] hearing thereof highly resented the same (and as the said +Philip has been informed and hopes to prove) wrote to his Excellency +Sr. Charles Hardy, then Governour of this Province,[8] upon the Matter +of his said Complaint, demanding Redress, And that at that Time there +being a British Man of War lying in that Port the Said Philip also +made the like Complaint to the Commander of the said Ship who advised +the said Philip immediately to repair with his Schooner to Jamaica and +make his Case known to the Government there and Particularly to +Admiral Townshend who was upon that Station, That upon proper +Representations being made, Justice might be obtained and Reparation +procured to the said Philip by Means and assistance of the British +Government; That accordingly the said Philip proceeded to Jamaica and +arrived there on or about the Beginning of March one Thousand seven +hundred and fifty seven and applied to Admiral Townsend and made his +Affidavit of the Treatment and Usage that he had received from the +said Richard Haddon and the said Officers and Crew of the said +Privateer _Peggy_ before a proper Officer there, and also finding the +said Henry Myerhoffer in that Island he procured his Affidavit to be +taken of the like matter, both which affidavits properly certified +under the Seal of the said Island are filed with the Register of this +Court and to which the said Philip for greater Certainty doth refer; +That his Majesty the King of Great Britain, being informed of the +Premises by Affidavits concerning the same, transmitted by Admiral +Townsend, did by a Letter from the Right Honourable the Earl of +Holdernesse his Secretary of State to the Governour of this Province, +Dated at Whitehall the twentieth Day of May one Thousand seven hundred +and fifty seven,[9] express the deepest resentment of the said Injury +done to the said Philip by the said Richard Haddon and the officers +and Crew belonging to the said private Vessel of War, as being +contrary to all Humanity and Good Faith and the General Instructions +Given to Privateers, And did require and demand that Justice might be +done within this his Government to the Subjects of his Catholick +Majesty relating to the Premises, as by the said Letter filed in the +Minutes of his Majesty's Council for this Province of New York[10] and +an attested Copy thereof filed with the Register of this Court, to +which the said Philip doth refer, may more fully and at large appear. +And the said Philip further sheweth That during these Transactions in +the West Indies and in Great Britain he the said Richard Haddon +prosecuted his said Lybel in this Court and to give the better Colour +to his Pretensions that the Money, Goods and Effects before mentioned +were French Property did on the thirty first of March one Thousand +seven hundred and fifty seven procure Some Person calling himself +Francisco Raphe to be examined before the Register of this Court[11] +on the Part of him the said Richard Haddon against the Money, Goods +and Effects mentioned in his said Lybel, wherein the said Francisco +Raphe deposes among other Things that he is a Native of Sierra in +Greece and Subject of the Grand Turk, by Occupation a Marriner, That +two Days after the Vessel, he was on Board of, sailed out of Cuba they +were taken by Captain Haddon which was about December then last, That +he did not know the Vessel's Name of which he was on Board for She had +no regular Commander nor Dispatches or Papers of any Kind from any +Port or Place whatsoever, and he believes that had such Vessel been +taken by any vessel of any Nation She would have been a lawfull Prize +And had She been taken by a Spanish Guarda Costa, the whole Ship's +Crew would have been hanged as Pirates, That there were on Board, of +all Nations allmost, as Genoesse, French and others, in Number twenty +two, and that one of the Chiefs in particular was a French man, +Subject of the French King, That he absolutely, from all the Knowledge +he can form, thinks her to be a just and lawfull Prize; And he the +said Philip further sheweth that he is advised that the said +Deposition is of a very extraordinary Nature, and made by one who +supposed himself to have been a Pyrate; That by Reason of its great +Incertainty it can have no legal Application either to him the said +Philip or his Schooner; that the Vessel on which the said Francisco +Raphe was on Board was a Ship of the Crew Whereof he was one; That the +said Schooner of the said Philip had a regular Commander and proper +Dispatches and Papers from Trindada a Spanish Port; That not one +French Man or Genoe was on Board the said Schooner nor any one +Marriner or passenger Except the said Henry Myerhoffer and William +Abbot that was not a Subject of Spain; And the said Philip further +sheweth That he is an entire Stranger to the said Francisco Raphe, +That he knows no Person of that Name, and is very certain that no such +person was either a Seamen or Passenger on Board the said Schooner in +the Voyage before mentioned, and the said Philip is informed that no +Witness whatsoever was produced in this Court to Prove the Money, +Goods and Effects mentioned in the said Lybel of the said Richd. +Haddon to be French Property but the said Francisco Raphe, and that by +the Minutes of this Court it will appear that on the very Day the said +Examination was taken Publication was ordered to pass and the Cause to +be immediately heard, and thereupon the Proctor for the said Richard +Haddon opened the Lybel and Proceedings, and the Deposition of the +said Francisco Raphe being read this Court having considered of the +same did adjudge, Sentence and decree the said Money, Goods and +Effects in the said Lybel mentioned as lawfull Prize for the use of +the Captors, pursuant to the Statute in that Case made and _provided_ +that no just and rightful Claim be made for the same by any Other +Person or Persons within a year and a Day, and ordered that the +Lybellant stipulate with Security to the Register of this Court in the +Amount of the said Gold, Silver and other Things to bring the said +Amount into this Court when this Court should order the same within a +year and a Day aforesaid, To which Minute of this Court the said +Philip doth refer, And the sd. Philip further sheweth That at a Court +of Vice Admiralty held at the City of New York on the twenty-sixth Day +of July then next following, pursuant to the order of this Court of +the thirty first Day of March then last past, the Accounts of Sales of +the said Gold, Silver and other Things lybelled as aforesaid were +brought into this Court and filed,[12] And that thereupon Jasper +Farmer and Thomas Miller of the City of New York, Merchants, appeared +in this Court and freely and voluntarily submitted to the jurisdiction +thereof And severally stipulated to the Register of this Court in the +Sum of Two Thousand four Hundred and nine Pounds, four Shillings and +eleven Pence three Farthings, said to be the Amount of the said Gold, +Silver etc. on Condition to bring the said Money into this Court when +this Court should order the same at any Time within a year and a Day +from the said thirty first Day of March then last past, as by the said +Orders and Proceedings of this Court to which the said Philip doth +refer, Relation being thereunto had, may appear. And the said Philip +further sheweth that by the said Letter of the Right Honourable the +Earl of Holdernesse before mentioned and above referred to, his +Majesty The King of Great Britain did Command Prosecutions to be +immediately commenced for the Recovery of what should appear to be so +plundered from the said Philip and others the Subjects of the King of +Spain or the full Value thereof, with all Costs and Damages occasioned +by the premises; That his said Majesty's Advocate General for this +Province of New York, in obedience to his Majesty's Pleasure so +signified and the express Order and Direction of his Honour the +Lieutenant Governour of this Province and Commander in Chief then +being (having received Information of the said Orders and Proceedings +of this Court) to prevent any Prejudice to the Subjects of the said +King of Spain, in consequence of the same did on the seventeenth Day +of February last past, in the Name and Behalf of his said Majesty the +King of Great Britain, for the Use and Benefit of the said Philip and +other Subjects of the King of Spain, enter and file his Claim to the +Money and Goods first above mentioned, which had been with Force and +Violence taken from him the sd. Philip, declaring it to be intended +therein to include all the Particulars that had been before libelled +by the said Richard Haddon and other Goods that had not been so +lybelled, but had been taken and seized by the said Richard Haddon in +Manner as aforesaid, together with the Interest, Damages and Costs +which had accrued by Reason of the Premises; That afterwards the said +Advocate General on the tenth of March last in Obedience to the Orders +aforesaid did file his Claim more at large In this Court and among +other Things therein contained prayed that this Court would order and +decree that the said Monies, Goods and Chattels in the said Lybel of +the said Richard Haddon mentioned might by the Order of this Court be +brought into this Court according to the Stipulation aforesaid, as by +the said Claim filed with the Register of this Court, to which the +said Philip doth refer, may more fully and at large appear. +Whereupon, on the said tenth Day of March, it was ordered by this +Court that the Securities of the said Richard Haddon do bring into +this Court the said Sum of two Thousand four Hundred and nine Pounds, +four Shillings and Eleven Pence three Farthings, being the Amount of +their Stipulations aforesaid, on or before that day Week or Shew Cause +to the contrary; That on the seventeenth Day of March last the said +Jasper Farmer and Thomas Miller appeared in this Court by their +Proctor But did not bring into this Court the said Sum last mentioned +and had Time till the fifth Day of April following to shew Cause why +they had not done it, on which Day they filed their Demurrer to the +said Claim of the said Advocate General, alledging for Cause of +Demurrer that it appeared by the said Claim that the Scope and End +thereof was to relieve the said Philip y: Banes, a Spaniard, claiming +the Money and Effects formerly Lybelled in this Court by Richard +Haddon in Behalf of himself and the Owners and Company of the Schooner +_Peggy_, as French Property, against the Sentence and Decree of this +Court, to all which several Matters and other Things in the said Claim +contained the said Defendants did demur. + +[Footnote 1: Cabanas.] + +[Footnote 2: Caleb Davis had lived at St. Augustine as a trader for +several years prior to 1738, had made himself wealthy when, in 1739, +he proposed to settle in Savannah, and was a shrewd, cunning fellow, +so says Secretary William Stephens in his journal; _Col. Rec. Ga._, +IV. 64, 247, 309. Oglethorpe commissioned him as a privateer, in 1739, +but later arrested him for sending two Spanish prisoners in to St. +Augustine; _ibid._, IV. 422, 467, 483, 511, 623, and Harris, +_Oglethorpe_, p. 215. Egmont mentions him as "Captain Davies, of +suspected character"; _Col. Rec. Ga._, V. 139. In the next war he was +a very successful privateer; _ibid._, XXV. 42, 251. In 1751 and 1752 +he commanded Oglethorpe's principal vessel of war; _Acts of the Privy +Council, Colonial_, IV. 128, 130, 170, 287, VI. 322.] + +[Footnote 3: Pedereros, small pieces of ordnance used for throwing +stones, etc.] + +[Footnote 4: Machetes.] + +[Footnote 5: Error for stayed.] + +[Footnote 6: Error for 1757.] + +[Footnote 7: Don Francisco Cagigal de la Vega, captain-general of +Cuba; see doc. no. 189.] + +[Footnote 8: Governor of New York from Sept., 1755, to June, 1757.] + +[Footnote 9: Printed in _N.C. Col. Rec._, V. 756.] + +[Footnote 10: _Calendar of Council Minutes_, p. 434.] + +[Footnote 11: See doc. no. 185.] + +[Footnote 12: Doc. no. 186.] + +For That, by the Claim it appears that his said Majesty the King of +Great Britain ought not to recover the Money, Goods and Effects in the +Claim mentioned, they being expressly therein declared to be the +Property of a Spanish Subject, and not the Property of his said +Majesty the King of Great Britain, And for that his said Majesty ought +not by Law to sue for himself and a Subject in that Suit, And for +[that] a Decree in that Suit would be no Barr to a new Suit brought in +the Name of his Majesty on the Stipulation for the good Behaviour of +the said Richard Haddon, And for that by Law no Subject is to answer +to the King, for an Injury done to another Subject, but by a Criminal +Prosecution, And for that a Decree upon that Claim would be no Barr +to, nor could it prevent the said Philip Y: Banes from filing his +Claim in his own Name, And for that divers Persons are made Parties to +that Claim that ought not to be joined together, as by the said +Demurrer filed with the Register of this Court to which the said +Philip doth refer may more at large appear. And the said Philip +further sheweth that he hath not hitherto obtained any recompense or +satisfaction for the Injury aforesaid. + +Wherefore he the said Philip for the Reasons aforesaid and for the +several Matters and Causes offered and insisted on in this his Libel +doth Humbly Claim the said Two Thousand four Hundred and nine Pounds, +four Shillings and Eleven Pence three Farthings, secured to be paid +into this Court by the Stipulation aforesaid, together also with all +and every the other Monies, Goods and Effects so seized and taken from +him by the said Richard Haddon as aforesaid and not mentioned in the +Lybel of him the said Richard, and all Damages, Losses and Expenses by +him the said Philip in any wise sustained by Reason of the Premises +And Humbly prays the Advisement of this Court in the Premises and the +due Process of the Law against the said Two Thousand four Hundred and +nine Pounds, four Shillings and eleven Pence three Farthings, secured +to be paid into this Court by the Stipulation aforesaid, and all and +every other such due Process as by the Law ought to issue and be +granted against all and every Person and Persons who is, are or may be +liable and Chargeable for the same and for all and every other the +Monies, Goods and Effects so seized and taken from Him the said Philip +as aforesaid and for his Losses and Damages and Expenses aforesaid, +and such full and ample Relief and Satisfaction touching the Premises +as, by the Law of Nations, the particular Laws and Statutes of Great +Britain, and the Custom and Usage of this Court, is due in cases of +this Nature to the Subjects of his Catholick Majesty the King of Spain +being in Amity with his Majesty the King of Great Britain. + +WM. SMITH Junior,[13] Adv'te + for the Libellant. + +JAS. DUANE,[14] + Advocate for the Libellant + +[Footnote 13: William Smith, jr. (1728-1793), the historian of New +York, afterward chief-justice of New York and, in his last years, of +Canada.] + +[Footnote 14: James Duane (1733-1797), a prominent member of the +Continental Congress from 1774 to 1784.] + + +_189. Certificate of Captain-General Cagigal. November 4, 1758._ + +Don Francisco Cavigal[1] de la Vega, Knight of the Order of St. James, +Field Marshall, Governour and Captain General of the Havana and Island +of Cuba etc. _Whereas_ I am Informed that Don Philipe Y Banes, Captain +and Administrator of the Schooner Called _our Lady of the Rosary and +Holy Christ_, And Marseleno Marrero,[2] Are now in the City of New +York, Dominions of his Majesty the King of Great Brittain, in Order to +Recover 7871 Dollars which in silver, Doubloons, and Gold Trinckets +were by force taken from them on the 6th December 1756, by Capt. +Haddon of the Privateer Schooner _Peggy_, from New York, a small +distance from Pine Island on the south side of this Navigation, and +having been Informed by Letters from the aforesaid that they are +hindered in prosecuting for their Right by the Owners of said +privateer Schooner pretending that they were Pirates at the time of +the Robbery, and in Attention that the Contrary has been Clearly +proved by their Sailing with a Spanish Crew and under Spanish Colours +and with Leave from my Lieutenant Governour Don Francisco Guitierres +in the City of Trinity to proceed to the anchoring place of Mansanillo +in the Jurisdiction of Valamo,[3] And After the Robbery they arrived +on this Coast at Porte Bane[4] where they took in Necessarys and with +my Licence they Sailed to Jamaica in search of said privateer and +presenting themselves before his Excellency the Governour Declared the +Robbery upon Oath, as did Likewise Henry Myeroffer and William Abbot, +two Englishmen who were on Board Said Don Philipe's Schooner at the +time the Robbery was Committed, and were afterwards taken and put by +said English Captain on Board his privateer, who Carried them to St. +Lucia on the Island of Jamaica, as appears from the Instruments that +said Don Philipe Shewed me on his Return, _And Whereas_ Considering +the Great Prejudice that has Resulted from their being out of their +Native Country and knowing that they are Inhabitants of this City and +Subjects to the King of Spain and have not Incurred the Penalty of +Pirates, In their behalf and for myself I pray and Recommend to his +Excellency the Captain General and Governour and the Judge of the +Admiralty of New York that they will be pleased to Order to be +Delivered the said Money to the said Spaniards, inasmuch as I am ready +to Observe Equal Justice in the Like Case, And in Case they Should +meet with any Difficulty in the Recovery of their Right, I do by +Virtue of this Grant them a passport and Leave to follow their +Recourse to the Court of London and Appeal to his Brittanic Majesty +till the Ultimate Resolution of his Royal Clemency; to this End I have +perused the foregoing and do Sign and Order the Royal Signet to be +Affixed to the same and Authorized by the present Notary to the +Government. Given in the Havannah the fourth of November 1758. + +[Footnote 1: For Cagigal. Don Francisco Cagigal de la Vega +(1693-1777), who had been governor of Santiago de Cuba from 1738 to +1747, and had defended it successfully against the English in 1741, +was captain-general of Cuba from 1747 to 1760, when he became viceroy +of New Spain.] + +[Footnote 2: In the same set of papers there is a deposition of +Marcelino Marero, born in the Canary Islands, forty-three years old, +almost identical in contents with that of Ybanez, doc. no. 187, and of +the same date.] + +[Footnote 3: Bayamo.] + +[Footnote 4: Cabanas.] + +Before me + DIEGO DE GUITIERRES + Notary to the Governour + +FRANCISCO CAVIGAL DE LA VEGA + +We his Majestys Notary Publicks of the Number Admitted in this City +Certify that Don Diego Guitierres, by whom this Dispatch is +Authorized, is Notary to the Government and that Entire faith and +Credit may be given to all his Dispatches, Judicial and Extrajudicial, +Dated ut Supra. + +ANTO'O PONCE MANUEL RAMERES CHRIST'O LEAL + Not'y Publick Notary Publick Not'y Publick + +I Certify that the foregoing is a true Translated Copy of the Original +Spanish Exam'd by + +GARRAT NOEL +Sworn Span'h Intep'r + + +_190. Deposition of William Haddon. November 16, 1759._ + +Province of New York. +Court of Vice Admiralty. + +The Deposition of William Haddon who having been before Sworn and now +examined on the Interrogatories to be administered to witnesses to be +produced, Sworn and Examd. on the part and behalf of Thomas Miller and +Sampson Simpson, defendants, at the suit of the attorney General In +the name of our Lord the King Libbellant. + +1st. To the First of the said Interrogatories this deponent saith that +his name is William Haddon, aged thirty eight years, his usually place +of residence is at New York, By occupation a schoolmaster[1] and a +subject to the King of England. + +[Footnote 1: "At a commodious House ... in Bound Brook, Province of +East New Jersey, young Gentlemen are educated and boarded on +reasonable terms, by William Haddon, Professor of ab, eb, etc." +Advertisement in _New York Mercury_, Mar. 30, 1761. He taught there +seven years, then at Newark from 1768 on. _New Jersey Archives_, first +ser., XX. 548.] + +2d. To the second Interrogatory this deponent saith that he knows +Richard Haddon, late commander of the private Sloop of war called the +_peggy_, that the said Richard Haddon is this deponents brother and he +has Known him as long as he has had knowledge. + +3d. To the third Interrogatory this deponent Saith that he knew a +person called Don Philip, which this deponent supposes to be the same +person Philip Vanes, otherwise called Philip De Francois, otherwise +called Philip Y Banes, mentioned in the third Interrogatory, that he +first saw him the 7th of December 1756, In the Latitude of 21 and 33 +m. N.[2] and Longitude 81 deg. and 30 m. + +[Footnote 2: The latitude given in the next paragraph, 21 deg. 23' N., +must be the correct one. Lat. 21 deg. 33' would be on the island of Cayo +Largo. Doc. no. 184 gives lat. 21 deg. 18', long. 81 deg. 57'.] + +4th. To the fourth Interrogatory this deponent Saith that he saw a +certain Schooner pretended to be a spanish Schooner, But did not know +her name, and first became acquainted with her the 7th of December +1756, In the Latitude of 21 and 23 N: and Longitude 81 and 30, this +deponent was on board the privateer _peggy_ when the said Schooner +was taken, that he was Capn. Clerk,[3] this deponent is not very +positive but believes there was about fourteen men on board the said +schooner at the time she was taken, that the said schooner had four +carriage [and] six swivel Guns at the time she was brought too, as +this deponent afterwards heard, and that she had no regular papers or +Clearances from any publick authority, as this deponent saw or heard +at that time or since. This depont. also knows and remembers that +particular pains was taken by Capn. Haddon and all the officers +belonging to the said privateer to discover whether there were any +regular ships papers or Clearances on board the said schooner at the +time of her being taken, and in particular the Capn. when he sent +Christopher Miller on board, his first Lieutt., desired him to send +all the papers of the schooner on board the privt.; that after the sd. +first Liet. got on board he made a search and told the said Capn. +Haddon from the said schooner that he could find no regular papers on +board her, whereupon the Capn. told him bring all the papers he could +find and the Capn. of the sd. Schooner, upon which the Liet. made +answer he could not tell which was the Capn.; upon that the Capn. told +him to bring two or three of the Likeliest of the men, that he did so +and these men belonging to the said schooner came on board, one of +which, which the deponent took to be Don Philip, being asked for the +papers delivered a pocket book to the Capn. which the Capn opened upon +the Quarter deck and took out the papers; that this deponent was there +and saw nothing but a few Letters, sealed up and directed to Different +persons in Kingston; then sd. Capn. Haddon told the said Philip that +he certainly must have more papers; upon that sd Philip shrugged up +his shoulders and was Silent, and after that Capn Haddon called to the +first Liet., wo [who] was still on board the said Schooner, to make a +further Search, and this deponent never heard of any papers at all +being found that were satisfactory. the said Philip appd.[4] to be the +Capn. or principal officer of the said schooner. this deponent +further Says that he heard Capn. Haddon say, upon the peoples asking +what he Intended to do with them, that he would carry them to the +Havannah, upon which as this deponent understood by the Interpretation +of one Francis De Spania, a Spaniard belonging to the privateer +_peggy_, and from the Declarations of Capn Haddon, they begged and +Intreated he would not, for that if he did they would either be hanged +or made slaves, and that they said they did not value the money, and +their lives would be of Little Service to Capn. Haddon, and the said +Capn. told this deponent the reason he did not send her into any port +for condemnation was partly out of humanity to the people and partly +in regard to the Interest of his owners. This deponent does not know +certainly but has been Informed that the said Schooner was not +properly equipped or fitt to come upon this Coast in the months of +December or January. + +[Footnote 3: Captain's clerk.] + +[Footnote 4: Appeared.] + +5th. To the fifth Interrogatory this deponent saith that to the best +of his Knowledge the said Schooner had on board of her at the time she +was brought to by the said privateer _peggy_ about fourteen men, +composed of a Mixture of Nations, that the following Quantitys of +Money was taken out of the said and brought on board of the _peggy_ +and Sorted on the deck and there counted, viz. 5764 Dollar, 10 +Doubbloons, 105 pistereen, 1 Two Shilling, 1 shilling, five bitts, two +pair of Silver Knee buckles and one Box containing Sundry Trinkets of +Gold, to witt, one Bracelet, twenty Gold rings and one pair of Gold +Sleeve buttons; it was brought on board in a publick manner and it was +sorted and counted in this deponents presence and this deponent +understood that the said money and other things were owned among the +different persons on board. + +6th. To the Sixth Interrogatory this deponent Saith that he heard that +the persons on board the said Schooner delivered up or gave the said +box or Trinkets to Capn Haddon on condition that he would not Carry +the said Schooner with the Crew thereof to the Havannah and further +saith not to this Interrogatory. + +7th. To the Seventh Interrogatory this deponent saith that he knows +that Capn. Haddon acquainted the persons on board the said Schooner +with the name of his vessel, his own name, the port she belonged to, +and that he should carry the things he had from on board the said +schooner to the port of New York for condemnation. + +8th. To the eighth Interrogatory this deponent Saith that he remembers +That another Schooner was brought to by the _peggy_ some short time +before the schooner was brought to out of which Capn. Haddon had the +money belonging to the Spanish Nation, and richly Laden and they were +Treated extreamly Civil by Capn. Haddon; this depont. Could not +observe from any of his conduct that he was desirous to rob or pilfer +them, but on their producing regular paper and clearances discharged +them, and this deponent knows of his supplying a Spanish Sloop with +provisions on the Twelfth of Jan'y 1757. + +9th. To the Ninth Interrogatory this depont. saith that he knows of +nothing further that will tend to the advantage of the defendt. in +this Cause except That Capn. Haddon found a french Letter on board of +a prize which he took coming from the Mississippi, from a french +officer in Luisiania to a person of distinction in old france, by +which he understood that the french were Incroaching upon the Spanish +Territories and had still designs so to do, upon which Capn. Haddon +Inclosed the said french Letter in a Letter Directed to the Governour +of the Havannah, which said Letter this depont. wrote by direction of +the Capn.,[5] and that the said Capn. always Treated prisoners and +others with humanity and Civilly and always acted with much care. + +[Footnote 5: See also doc. no. 184, note 3.] + +10th. To the Tenth Interrogatory this deponent Saith that he shall not +gain or loose by the event of the suit any other wise than by reason +of the near relationship he stands in to Capn. Haddon and by his +belonging to the said Vessel in the said Cruize. + +WILLM. HADDON. + +Examined this 16th of Novr. 1759 +Per me + SILVESTER, D: Register + + +_191. Declaration of Don Geronimo de Medrano. November 19, 1759._[1] + +[Footnote 1: This and the three succeeding testimonies were taken in +Cuba under the commission mentioned in note 1 to doc. no. 184.] + +19th of November 1759 Before the Lieut. Auditor General Commissioned +in this Cause appeared Ensign Don Geronimo de Medrano a Native and +Inhabitant of this City, who being sworn by making the Sign of the +Cross according to Custom and promising to declare the Truth, being +asked according to the Tenor of the Articles Contained in the +Interrogatory and Inserted in the foregoing Copy, he said as follows-- + +1. To the first he said that he knows Don Phelipe Ybanes and has known +him by that Name about twenty four years and knows him to be a Native +of St. Lucar de Barameda in Andalusia and an Inhabitant in this City, +where he Married in the Year 35 with a first Cousin of this Deponent; +That from the year 37 to that of 51 he followed the Business of +Working at Husbandry in the Fields near a Dwelling House he had at the +Mills and in the Herd yard of Doctor Don Ambrosio de Medrano. +Afterward he went to places up the Country where he became Clarke to a +privateer Schooner fitted out by the Lieut. at War of the Town of St. +John of the Remedys[2] Don Juan Antonio de Royo. Afterwards said +Ybanes Informed him that he had been met with by some Englishmen Said +to be Privateers near the Coast of this Island (he did not Exactly +remember the place) and that they had carried away the Money he took +for his Voyage, and is what he heard Commonly Reported in this City, +which is all he knows about this Enquiry. + +[Footnote 2: San Juan de los Remedios, commonly called Remedios, lies +in the middle of the north coast of Cuba, 32 miles east of Santa +Clara.] + +2. To the second he said that he does not know the said Schooner and +is Ignorant of the other particulars in the Enquiery. + +3. To the third he said that he is Ignorant of the Contents in this +Enquiery. + +4. To the fourth he said that he did not know Caleb David nor for what +he came to this City. + +5. To the fifth he said that he knows nothing about the Enquiery in +this Article. + +6. To the Sixth he said that he knows one Antonio de Correa, a +Spaniard living in this City since the year 1733, that his Employment +was bringing Wood from the Coast with Regordete Fregeno[3] but does +not know that he made a Voyage in 56, Nor the Embarcation in which he +went nor any thing of the rest Enquired. + +[Footnote 3: _Regordete_ means short and stout.] + +7. To the seventh he said that he knows nothing more to Answer than +what he has said to the foregoing. + +8. To the Eighth he said that he Expects no Interest from the Result +of this Cause and that what he has said and Declared is the Truth, to +which he has made Oath and being Dated and Read to him he said it was +well Wrote. That he is thirty Six years of Age. to which he set his +Hand and his Honour, his Rubric of which I give Testimony. + +HERON'O JOS'H MEDRANO. + +Before me + +JUANFERN'O DEL VALLE. + N'y Pub. + + +_192. Declaration of Don Joseph de la Vega. November 19, 1759._ + +Immediatly after appeared before the Lieut. Auditor Gen'l Don Jos'h de +la Vega, an Inhabitant of this City, and being sworn by making the +sign of the Cross according to form of Right and promising to say the +truth, Being Enquired according to the Tenor of the Article[s] +Comprehended in the Interrogatory and Inserted in the foregoing Copy, +said as follows-- + +1. To the first he said that he has known Don Phelipe Ybanes about +twenty years, a Native of Spain and an Inhabitant of this City, having +remained here after the loss of the _Flora_[1] and Married Dona +Eugenia Suarez, Neice of Doc'r Don Ambrosio de Medrano, that he has +seen him taking care of a Herd Yard belonging to the said Doc'r, and +at a small Dwelling House Contiguous to it said Ybanes had Kills for +making Charcoal and Lime, in which Employ he continued some years. He +afterward saw him in this City Employed in buying and selling tile +about two years and a half or three years agoe but does not know where +he was when absent. + +[Footnote 1: The reference is probably to the frigate _Floridana_, +which foundered off the Cuban coast in the hurricane of July 15, 1733, +which destroyed sixteen ships of the Havana fleet of Don Rodrigo de +Torres. Fernandez Duro, _Armada Espanola_, VI. 242-243.] + +2. To the second he said that he does not Remember to have heard (but +on one occasion about two years and a half agoe) said Ybanes say that +he had a Schooner of his Own and that making a Voyage in her he was +Robbed by some Englishmen, but did not say where he was bound to nor +any other thing particular relating to what is Contained in the +Enquiry, for which Reason and not having any knowledge of the said +Schooner he cannot give any Acco't of them. + +3. To the third he said that he knew Caleb David in this City about +the months of March or April in the year 57, having seen him at the +House of Elizabeth Berrow the Irish Woman, where he was Informed that +he was come with his Wife and some other English People in a Long +Boat, having been cast away on the Coast of Campeche,[2] nor does he +know that he had ever been in this City before nor what he came about. + +[Footnote 2: Yucatan.] + +[Transcriber's Note: No 4th item in original.] + +5. To the fifth he said that as before mentioned he saw Caleb David +with two or three English, but did not know their Names and +Consequently is Ignorant if they are the same that are mentioned in +the Enquiry and the other particulars thereof. + +6. To the sixth he said that he only knew Antonio Correa by sight, by +being in Don Phelipe Ybanes's Company, that he has Understood he was a +Mariner but can give no particular Account what trade he was Employed +in nor the Vessel in which he went at the time Referred to in the +Enquiry. + +7 and 8. To the seventh and Eighth he said that he has no Interest nor +Expects any from the Determination of the Cause; that what he has said +and Declared is the truth; that he knows nothing more of these +Articles than what he has already Related, of all which he has made +Oath and Signed his Name to it, being forty-two years of Age. + +JOSEPH DE VEGA. + +Before me + +JOHNFERN'O DEL VALLE + Ny. Pub. + + +_193. Declaration of Domingo de Armas. November 20, 1759._ + +In the City of the Havana on the 20th of November 1759, Before his +Honour Don Martin de Ulloa, of the Order of St. James, one of His +Majestys Council and Auditor Gen'l of said City, Appeared Domingo de +Armas, a Native and Inhabitant of this City, and having been sworn +according to the usual form by making the Sign of the Cross and +therebye promising to declare the Truthe, being Enquired According to +the Tenor of the Articles Contained in the Interrogatory inserted in +the foregoing Copy, he Answered as follows + +1. To the first Article he said that he knows Don Phelipe Ybanes, a +Native of the Kingdom of Castele, and settled in this City ever since +the loss of the _Flora_, Commanded by Don Rodrigo de Torres, on the +Rocks of Florida, and Married here to a Neice of Doc'r Don Ambrosio de +Medrano; That he has seen the said Ybanes working in a Dwelling House +near the Great Bridges; that he and his Negroes were Employed at the +Kills making Charcoal and Lime; That he afterward came to this City +where he saw him several times but does not know what Employment he +had Excepting that he once heard him say that he had a Schooner in the +Coast Trade and that he would discharge the Master for not making so +good a Hand of Her as might be Expected, but it is now three Years +since he saw him in this City; That he then said he had been Robbed by +some English Privateers and that he was thinking to go to Recover the +Effects they had taken from him. + +2. To the second he said that he has no knowledge of the said Schooner +nor of any other particular contained in this Enquiry. + +3. To the third he said that there appears nothing from this Enquiry +that he can Answer to. + +4. To the fourth he said that he knows Caleb David, that He and his +Wife lived in the House of Elizabeth the Irish Woman, that he came to +this City about three years agoe, as he was Informed, in a Long Boat +or Barge, having been cast away on the Coast of Campechy, which is all +he can say to this Enquiry. + +5. To the fifth he said that he is Ignorant of the Contents of this +Enquiry. + +6. To the Sixth he said that he only knows Antonio Correa to be a +Seafaring Man of middle Stature and brown Complexion, but knows +nothing of his making a Voyage at the time mentioned nor of any thing +else Contained in this Enquiry. + +7. To the seventh can say nothing farther. + +8. To the Eighth he said that he has not nor does he Expect any +Interest from the Determination of this Cause, That what he has +declared is the truth, to which he has made Oath, and is Sixty Years +of Age. Signed by him and Rubricated by his Lordship, of which I give +Testimony. + +DOMINGO DE ARMAS. + +Before me + +JUAN FERN'O DEL VALLE. + N'y Pub. + + +_194. Declaration of Elizabeth Berrow. November 22, 1759._ + +In the Havana on the 22 Novemb'r 1759, Before His Honour Don Martin de +Ulloa, of the Order of St. James, one of his Maj'ys Council, Lieut. +Gov'r and Auditor of this City and Jurisdiction, Commissioned by his +Majesty in this Cause, Appeared Elizabeth Berrow, a Widow and +Inhabit't of this said City, and Swaring by the Sign of the Cross +according to Right and Form, promised to declare the Truth, and being +Enquired relating to the Tenor of the Articles Inserted in the +Interrogatory and Comprehended in the foregoing Copy Declared as +follows-- + +1. To the first she said that she knew Don Phelipe Ybanes in the year +56 by reason of his having been several times at her House, where +Caleb David an English Man Lodged, who he went to see; That she knew +said Ybanes to be a Spaniard by having heard it so Reported and that +he Married in this City; that he went to Sea in a Shooner of which he +was entire Owner, as said Caleb David and Ybanes himself Reported. + +2. To the second she said that she understood from said Ybanes that +the Schooner which he called his own was Named _Our Lady of the +Rosary_ though she never saw said Schooner in this Port. That the said +Ybanes before he went out in her came to see Caleb David and told him +in the presence of this Deponent that he had been thinking to make a +Voyage to Jamaica and that if he had any Commands there he would +Execute them, telling him that he carried to the Amount of Eight +Thousand Dollars in Money and Gold and Silver Trinkets. Upon which +said Caleb David gave him Several Letters of Recommendation for +Jamaica and desired him to carry two Englishmen that came with him in +the Long Boat from Campeche to this Port where the Embarkation in +which they arrived had been Confiscated. + +3. To the third she said that she Refers to what she Answered in the +foregoing and that it does not appear to her that said Schooner +carried any other Cargoe beside the Money and Trinkets as aforesaid, +nor does she know if she went to Sea with Correspondent papers and +Passports or not, But when Don Phelipe Ybanes Returned to this City +and Related to Caleb David how the English Privateers had taken away +what he Carried and that he was minded to go to Jamaica and Reclaim +his Effects, said Caleb David offered him New Letters of +Recommendation and a Certificate that said Ybanes was not risen up as +the English had been pleased to Suppose but was only a Merchant. + +4. To the fourth she said that she knew Caleb David very well, that he +Lodged three Months and odd Days at her House, by means of which she +came to know that his coming to this City was to Reclaim some prises +taken from the English Nation after the Cessation of Hostilities, to +which End he brought Powers from the Concerned and Dispatches from the +Court of Gt. Britain which he shewed to this Deponent. + +5. To the fifth she said that she knew the two individuals mentioned, +the one of which was a German and the other an Englishman, but both +Subjects of the King of G'Brit'n and living in Georgia, who came to +this City with Caleb David in the aforesaid Long Boat and are the same +Persons that he desired Don Phelipe Ybanes to take with him to +Jamaica, and she was informed by said Caleb's Wife that in Effect they +did go with him, but does not know if they went away by Day or by +Night, as they did not Lodge in the Deponents House but on board the +Long Boat and only came there once a Day to carry provision, which was +Considered to be for Ybanes's Schooner, which he declared was so when +he Returned to this City and said that the English Privateer Carried +them on board as being Subjects of G't Britain. + +6. To the Sixth she said that she only knows Antonio Correa, whose +Employ is that of a Mariner, but is Ignorant what Voyage he made in +the year and at the time mentioned or in what Vessel. + +7. To this she said that she knows nothing of what is Contained in +this Enquiry. + +8. To the Eighth she said that she neither Expects nor has any +Interest from the Decission of this Cause and that what she has +Declared is the Truth of which she has given Oath, being Dated. That +she is thirty six years of Age. to which she Signs her Name and His +Honour has placed his Rubric. + +ISABEL DE VERROA. + +Before me + +JUANFERN'O DEL VALLE. + Not'y Pub. + + +_195. Reversal of Sentence by Appellate Court. December 19, 1760._[1] + +[Footnote 1: This document appears, substantially the same, in Sir +William Burrell's report in Marsden, _op. cit._ (see doc. no. 184, +note 1), p. 185. Ybanez having appealed from Judge Morris's decree, +the case came at last before the Lords Commissioners for Appeals in +Prize Causes. Their names are given in the heading. Granville, earlier +known as Carteret, was lord president of the council from 1750 to +1763, Kinnoull chancellor of the duchy of Lancaster 1760-1762, +Mansfield chief justice 1756-1788. Cholmondeley and Falmouth were +lieutenant-generals. Nugent and Ellis were vice-treasurers for Ireland +and members of Parliament. All these commissioners were privy +councillors, all were politicians, none but Mansfield was a lawyer, +though the wide range of Granville's learning embraced a considerable +knowledge of the law.] + +Extracted from the Registry of his Majestys high Court +of Appeals for Prizes. + +_Friday_ the Nineteenth day of December in the year of our Lord one +thousand seven hundred and sixty, before the Right Honourable John +Earl Granville, Lord President of his Majesty's Most Honourable Privy +Council, George Earl Cholmondeley, Thomas Earl of Kinnoul, Chancellor +of the Dutchy of Lancaster, Hugh Viscount Falmouth, John Lord Berkely +of Stratton, Samuel Lord Sandys, William Lord Mansfield, Lord Chief +Justice of his Majesty's Court of Kings Bench, Robert Neugent Esquire +and Wellbore Ellis Esquire, Commissioners (among others) of his +Majesty's most Honourable Privy Council for the Receiving, Hearing and +Determining of all Causes of appeals as to Prizes, in the Privy +Council Chamber at White hall in the Presence of Nathanuel Bishop, +Notary Publick, Deputy Register of the said Court. + +_La Virgin del Rosario y el Santo Christo de Buen Viage_ +Philip Y Banes Mr. + +A Business of Appeal and Complaint of } +Nullity promoted by Philip Y Banes Master } For Sentence +of the Spanish Ship _La Virgin del Rosario_ } on the Second +_Y el Santo Christo de Buen Viage_ } Assignation +against Richard Haddon Commander of } and Informations. +the Schooner _Peggy_ } + +Their Lordships having heard the Proofs and Council on Both Sides +declared that it Appears to their Lordships that upon the Case laid +before the Judge below by the Respondent himself the Capture of the +Effects in Question ought to have been deemed Piratical, that the +Respondent ought to have been prosecuted for the same and the Effects +Secured and that the Proceedings were Irregular and Illegal and the +Sentence of Condemnation of the Thirty first March 1757 Appeald from +Unjust and Warranted by no Collour of Proof. Therefore their Lordships +By their Final Decree or Sentence Reversed the same and Decreed the +Ten Doubleoons, five thousand seven hundred and sixty four Dollars, +one hundred and five Pistreens, one Bracelet, Twenty Gold Rings, the +Silver Buckles and Small Silver, Six Swivel Guns and Shott, one Cask +of Powder and Cutlasses and one Bag of Indigo to be Restored or the +Value thereof to be paid to the Claimant, and Condemned the Captor in +Costs and Damages and their Lordships are of opinion that the Governor +of New York ought to cause the Bond given by the Captain of the +Privateer to be put in Suite and apply the Penalty for the Benefit of +the Claimant. + +GODF'Y LEE FARRAND, Register + of his Majesty's high Court + of Appeals for Prizes. + + +_196. Appeal of Miller and Simpson. July 7, 1761._[1] + +[Footnote 1: For Miller, see doc. no. 186, note 3; for Simpson, doc. +no. 187, note 3. The Lords Commissioners for Appeals, in pronouncing +the decree just preceding, evidently considered that the whole matter +was before them; but Judge Morris, July 4, 26, 1761, declared that the +sentence reversed by them was solely that of Mar. 31, 1757, condemning +as prize the goods brought by Haddon, and that their decree was no +reversal of the sentence of Feb. 10, 1759.] + +Thomas Miller and { +Sampson Simpson { New York Court of Vice + _ad's_ { Admiralty. + The King { + +Whereas you the Honorable Lewis Morris, Esqr., Commissary and Judge of +the Court of Vice Admiralty for the Province of New York, did lately +pronounce your Decree against us in the above Cause, whereupon we by +our advocate or Counsel did pray Leave to appeal therefrom and to have +Time to perfect the same, We do accordingly hereby protest against the +said Decree or Sentence against us and appeal therefrom to the +Commissioners appointed or to be appointed under the Great Seal of +Great Britain for receiving, hearing and Determining of appeals in +Causes of Prizes; and we offer to do every Thing the Law requires that +we may have the full Benefit of the said appeal and do for that +purpose pray that the Apostells[2] may be delivered to us in due Time +this 7 July 1761. + +[Footnote 2: The apostles were a set of documents in the case, made up +as a record for the use of the higher court.] + +THOMAS MILLER. +SAMPSON SIMPSON. + +WM. SMITH Junr, Advocate + for the Defendant. + + + + +THE _DAGEROED_. + + +_197. Bill of Health. November 9, 1757._[1] + +[Footnote 1: From the files of the New York vice-admiralty court, in +custody of the United States district court, in the federal building.] + +Omnibus hasce literas inspecturis significamus nos, Consules et +Rectores Civitatis Roterodamensis Comitatus Hollandiae, declaramusque +veritatis certi Petrum Lagerboom, Civem Amstellodamensem magistrum +hujusce navis nominatae _Dageroed_, certi oneris, vulgo lasten, +circiter Centum et quinquaginta capacis, merces suas, quibus onerata +navis est, ei in hoc oppido imposuisse, uti easdem vento secundo In +Indos occidentales deveheret, quemadmodum idem magister, nec non +praedictae navis exercitores nobis indicarunt, petentes a nobis +libellum dimissionis et literas assertorias, quibus exteri certi +reddantur, hanc Civitatem nec Peste, nec ullo alio morbo contagioso, +infestari. Enimvero cum officii nostri sit civium nostrorum commodis +non deesse, et veritati testimonium perhibere, praescertim iis id +expetentibus, omnes, ad quorum curam haec res pertinebit, certos +facimus, nec Peste, nec ullo alio morbo venenoso, Dei Opt: Max: +beneficio, hanc Civitatem infectum esse: proindeque rogatos volumus, +uti magistro huic una cum navi, sociis navalibus, et mercibus liberum +concedant commeatum et facultatem largiantur, mercaturam libere terra +marique exercendi, prohibeantque ne ulla ei in eo remora objiciatur; +quin potius uti adjumento sint, commodo ejus id flagitante; quo nos ad +reddenda eadem officia devincent arcte obstringentque: In quorum fidem +hasce literas sigillo nostro, quo publice ad causas utimur, muniri, et +manu ejus, qui nobis est a Secretis, signari voluimus nono die mensis +Novembris anni partae Salutis millesimi septingentesimi quinquagesimi +Septimi stylo novo. + +J. BJELLE. + +_Translation._ + +To all who shall examine these letters, we, the burgomasters and +schepens of the city of Rotterdam in the county of Holland, signify +and declare, of certain truth, that Peter Lagerboom, citizen of +Amsterdam, master of this ship called the _Dageroed_, of about 150 +lasts burden,[2] has loaded his wares, with which the ship is +freighted, upon her in this town, in order to transport them, with a +favorable wind, to the West Indies, as the said master and the +officers of the said ship have declared to us, asking from us a +let-pass and clearance, by which foreigners may be assured that this +city is not infested by a plague or any other contagious disease. +Since certainly it is a part of our official duty to meet the needs of +our citizens and to offer testimony to the truth, especially for those +who ask it of us, we assure all those to whose care this matter +belongs, that through the goodness of God Almighty this city is not +infected with the plague or any other deadly disease; and accordingly +we desire that those who are requested should accord to this master, +together with his ship, his shipmates and goods, free transit and the +opportunity to carry on traffic freely by land and sea, and should +prohibit that any hindrance should be offered to him in this matter, +nay rather that they should aid him, when his needs require it; +whereby they will lay us under strict obligations to render to them +the same good offices. In testimony whereof we have caused these +letters to be provided with our seal which we use publicly for +business,[3] and signed by the hand of our secretary, on the ninth day +of November in the Year of Salvation 1757, new style. + +J. BJELLE. + +[Footnote 2: The last was about two tons.] + +[Footnote 3: In Continental practice, a municipal corporation usually +had, besides its great seal used for the more solemn public documents, +a lesser seal, called the _sigillum ad causas_, used for minor public +documents or for private papers authenticated by public authority. +This paper bears a seal having the legend "Sigillum ad causas oppidi +Rotterodami", encircling an impression of a castle with portcullis, +standing on a shore, with a swan swimming in front of the gate.] + + * * * * * + +_198. News of Privateers. May 19, 1757._[1] + +[Footnote 1: From the _Boston News-Letter_ of May 19, 1757.] + +By a Master of a Vessel lately arrived from Hispaniola, we are +inform'd, that on the 13th of April there lay at Port of Prince[2] a +Brig of about 120 Tons, mounting 14 Carriage Guns, and 200 Men, also a +Sloop about 70 Tons, 8 Carriage Guns and 100 Men, both intended in +Consort (as it was there said) for the Coast of New-York and +thereabouts. The Brig is Rhode-Island built, black sides, with a white +Bottom, the Sloop is painted very gay, as with red, yellow, black and +green. He heard likewise that at another Port in the said Island, +there was fitting out a Snow (which had been lately a Packet taken +from the English) to mount 16 Carriage Guns, and to be commanded by +one Palanqui (a very noted Commander) to come on the same Coast. + +[Footnote 2: Port au Prince, on the west coast, the present capital of +Haiti.] + +We hear from Bristol, in Rhode-Island Government, that Capt. +Mark-Anthony De Wolfe[3] in a Privateer Sloop of 50 Tuns, with 40 +Hands and 6 Guns, belonging to Warren, sail'd from thence the 24th of +April, and put into Newport, from whence she sail'd three Days after; +and on the 4th of this Instant May, to the Northward of Bermudas, took +a French Snow of 150 Tons, with 18 Men, who made but little +Resistance, having but 2 Guns, and no one killed or wounded on either +side: The Privateer return'd with her Prize to Bristol the 15th, +having finished this Cruize in 3 Weeks to an Hour. The Cargo of the +Snow consists of 200 Hogsheads of Sugar, a Quantity of Coffee, Indigo, +Elephants-Teeth, Logwood, etc. and was bound from St. Domingo for +Old-France. + +[Footnote 3: He was brother-in-law of Captain Simeon Potter, and +sailed with him, as clerk, on the _Prince Charles of Lorraine_ (see +docs. nos. 176, 177) in 1745. His son, James De Wolf, United States +senator 1821-1825, was one of the most successful of owners of +privateers; one of his vessels, the _Yankee_, captured or destroyed +five million dollars' worth of British property during the war of +1812. Munro, _Tales of an Old Sea Port_, pp. 214-223.] + +Yesterday the Privateer Ship _Hertford_, commanded by Capt. Thomas +Lewis, lately fitted out from this Place, brought into our Harbour a +valuable French Prize, a Ship of about 240 Tuns, which he took about +three Weeks ago, to the Southward of Bermudas in Lat. 29: She was +bound from Porto Prince in Hispaniola to old France; her Cargo is said +to consist of 400 Hogsheads of Sugar, and a considerable Quantity of +Indigo, Cotton-Wool, Hides, etc. valued at about 9000L Sterling. She +sail'd out with 4 other Vessels bound also to France, and had parted +from her a Day or Two before she was taken: One of which is the Prize +carried into Bristol as beforementioned; and another of them is said +to be the trading Sloop that was seized at Rhode-Island last Week. Two +other Vessels, they say, sail'd the Day before them for Cape-Breton. + +Several French Letters found on board this Prize confirm the Arrival +of the Squadron mentioned in our last, commanded by Monsieur +Beaufremont;[4] and that he had sent out two Frigates to clear the +Coast of our Privateers; but that the English Squadron approaching, +they ran into Porto Paix,[5] and informed the French Admiral thereof; +who thereupon put to Sea, and a great Number of Cannon were heard for +several Hours; so that we may expect to hear of some smart Engagement. + +[Footnote 4: The Chevalier de Bauffremont, prince de Listenois, _chef +d'escadre_ in the French navy and later vice-admiral, had sailed from +Brest at the end of January, with a squadron of six vessels, for St. +Domingo, capturing the _Greenwich_, 50, on his way. From the West +Indies he sailed for Louisbourg, where he arrived May 23. +Lacour-Gayet, _La Marine Militaire de la France sous Louis XV._, pp. +383, 495.] + +[Footnote 5: Port au Paix, on the north coast of Haiti.] + + +_199. Letter of William Smith, jr. April 8, 1757._[1] + +[Footnote 1: London, Public Record Office, Admiralty, 1:3882.] + +NEW YORK 8 April 1757. + +_Sir_, + +On the 6th Instant, a French Snow[2] laden with Sugar[3] and Indigo, +to a very considerable Value, was brought into this Port, by two +English Merchant men, who captivated her on the High Seas in March +last, tho they had neither Letters of Marque nor other Commission. + +[Footnote 2: _Le Bon Rencontre._ The case was a curious one (notes of +Judge Hough, from the papers relating to it in the files of the New +York vice-admiralty court). On March 22, 1757, this French snow of 160 +tons, while on a trading voyage from Port Louis in Guadeloupe to +Bordeaux, was captured off Bermuda by the English ship _Maxwell_, +Etherington master, and the New York sloop _St. Stephen_, Thomas, who +sent her with an English crew to New York; but neither of them had any +letters of marque, or commission authorizing them to take prizes. The +snow was brought to anchor inside Sandy Hook. Early in the morning of +April 6, John Crew, captain of the New York privateer _Fox_, came +aboard from a small boat with a few men, and took possession. Later, +the snow was taken over by the _Sutherland_ man-of-war. Thus, the _Bon +Rencontre_ was without doubt a captured enemy vessel, but the captors +had not been authorized privateers, and the authorized privateer and +the king's ship had not made the capture. Under these circumstances +the admiralty judge, Lewis Morris, ordered the marshal to take custody +of the snow, and appointed Benjamin Nicoll and William Smith, jr., the +writer of this letter (see doc. no. 188, note 13), to be advocates for +the Lords of the Admiralty, whose interests seemed to him to be +involved. Thus there were four parties claiming--the original captors, +Crew, the King, and the Admiralty. April 7 the snow was libelled on +behalf of the Admiralty. Later, Etherington withdrew and Crew's claim +was ruled out, but as between the King and the Admiralty Judge Lewis +Morris gave no decision before his death in 1762. His successor, Judge +Richard Morris, gave judgment Aug. 10, 1764, but it has not been +preserved.] + +[Footnote 3: 200 hogsheads, says the _New York Gazette_ of Apr. 11; +the _Gazette_ of June 27, by the way, enumerates 23 privateers then in +New York harbor.] + +After her Arrival in Port, she was seized first by a Privateer, and +then by the _Southerland_ Man of War, who both claim her as their +Property respectively. + +Colonel Morris, the Judge of the Vice-Admiralty, apprehending that the +Lords of the Admiralty might be interested, issued a Warrant, by which +the Snow was taken into the Custody of the Marshal of that Court; and +as their Lordships have as yet appointed neither Proctor nor Advocate +in this, and the Colonies of Connecticut and New Jersey, his Honour +the Commissary was pleased on this Occasion to assign Council (as you +will perceive by the inclosed) to examine into the Affair, and +prosecute on their Lordships Behalf. + +We have accordingly interposed a Libel for that Purpose, and let me +beg the Favour of you, to wait upon their Lordships, for an authentic +Copy of their Patent, and such Information, as may be thought proper +to be transmitted. + +Whether their Lordships, in Case of a Sentence in their Favour, will +be pleased to consider the Captors, or chuse rather to reserve the +Prize to themselves, I conceive it will be necessary, that a proper +Power be sent over; of which you will be so good as to put their +Lordships in Mind; and whatever Directions and Papers are given into +your Hands, please to forward them with the utmost Dispatch to, + +Sir, + +Your most obedient + humble Servant + +WM. SMITH Junior. + +Captain Morris, + +[_Endorsed:_] By the _Leicester_ Packet: To Staats L. Morris, Esquire, +London.[4] + +[Footnote 4: Staats Long Morris, son of the judge and brother of the +"signer" Lewis Morris, was at this time a captain in the British army, +later married the Dowager Duchess of Gordon, and died a British +general.] + + +_200. Letter of Stephen Hopkins. January 15, 1757._[1] + +[Footnote 1: Public Record Office, Admiralty, 1:3819. The writer, +Stephen Hopkins (1707-1785), celebrated as a governor of Rhode Island +(1755-1757, 1758-1762, 1763-1765, 1767-1768) and a signer of the +Declaration of Independence, was at this time governor. The letter is +a duplicate bearing an original signature. It was addressed to Richard +Partridge, agent in London for the colony from 1715 to 1759. He dying +March 5, 1759, receipt of this letter is acknowledged by his executor, +Joseph Sherwood, May 11; letter in Miss Kimball's _Correspondence of +the Colonial Governors of Rhode Island_, II. 289. Sherwood, appointed +agent as Partridge's successor, pursued the general assembly's +request, but apparently without success, the Lords of the Admiralty +thinking it unnecessary to appoint a register and marshal in Rhode +Island, when there were already such officers in Massachusetts; +_ibid._, II. 289, 293, 298, 304, 306.] + +RHODE ISLAND January 15, 1759. + +_Sir_, + +You may remember that near a Year ago I wrote you by Order of the +General Assembly to endeavor to procure a Judge of the Court of Vice +Admiralty to be appointed within and for this Colony.[2] And as you +very soon finished that Affair successfully, a Judge being appointed +and commissioned, so he hath been accordingly sworn into his Office. +Notwithstanding this being so far done, yet there appears to be a +Deficiency of the Officers of that Court, as no Register or Marshal +have been appointed. It is true there hath commonly been a Deputy +Register in this Colony appointed by a Principal living in Boston at a +great Distance from the Colony, and within another Jurisdiction, which +seems incompatible, and it is solely at his Option, whether he will +appoint a Deputy to attend in this Colony or not, the Inconvenience of +which is obvious at the first View: And it doth not appear that any +Commission hath been given for a Marshal of the Court of Vice +Admiralty in this Colony since one Mr. Gibbs was appointed to that +Office who hath been dead many years.[3] + +[Footnote 2: By vote of the assembly, _R.I. Col. Rec._, VI. 107, +passed at the October session of 1757, Stephen Hopkins was instructed +to write to London requesting the appointment of a vice-admiralty +judge especially for Rhode Island, and recommending Col. John Andrews +to be the person. He wrote to Partridge, who on May 13, 1758, +acknowledges receipt of the letter, Kimball, _Corr. Govs. R.I._, II. +273, and on May 24 announces his success, _ibid._, II. 275, where also +is printed the warrant of the Lords of the Admiralty to Sir Thomas +Salusbury, judge of the High Court of Admiralty, to issue a commission +to Andrews. Thus Rhode Island was taken out of the jurisdiction of +Chambers Russell, vice-admiralty judge at Boston, who is commonly said +to have been judge for all southern New England from 1750 to 1767. +Andrews remained judge till the Revolution.] + +[Footnote 3: George Gibbs, appointed marshal about 1743, _ibid._, I. +244.] + +The General Assembly, sensible of the great Inconveniences and +Mischiefs likely to attend the Want of those Officers, as you will see +by their Vote accompanying this Letter, have directed me in their +Behalf to desire you immediately to make proper Application to the +Lords of the Admiralty, and use your utmost Endeavours to obtain a +Register and Marshal of the Court of Vice Admiralty to be appointed +and commissioned for this Colony.[4] You will also perceive by the +aforesaid Vote of the General Assembly that they desire the Office of +Register may be obtained for Mr. Thomas Vernon,[5] and that of Marshal +for Mr. William Mumford,[6] who have been the acting Persons in those +two Offices in this Colony for near Twenty Years past, and have each +in their several Duties of Office conducted themselves unblameably, +and in all other Respects maintained unblemished Characters. + +[Footnote 4: Vote in _R.I. Col. Rec._, VI. 174.] + +[Footnote 5: Postmaster of Newport. His diary during his banishment +thence as a Tory in 1776 has been printed in _R.I. Hist. Tracts_, +XIII. (Providence, 1881).] + +[Footnote 6: Captain of Fort George, Newport.] + +I am certain it must be needless for me to say any Thing further of +this Matter, since you will have the General Assembly's Order +concerning it, which must have infinitely Greater Weight in urging you +to prosecute this Affair, with Zeal and Dispatch, than any Thing I +could say. + +In Behalf of the Colony and for myself, with great Regards I subscribe + +Your faithful Friend, and +the Colony's Obedient Servant + +STEP: HOPKINS. + + +_201. Notes on Commissions for Trying Pirates. March 10, 1762, August +26, 1772._[1] + +[Footnote 1: Public Record Office, Admiralty, 1:3679. The note of +March 10, 1762, and the list of commissions, were enclosures in the +note of Aug. 26, 1772. The writer, Samuel Seddon, was solicitor to the +Admiralty. John Clevland, to whom the earlier letter was addressed, +was secretary to that body from 1751 to 1763; Philip Stephens, from +1763 to 1795. For these commissions to try pirates, see doc. no. 51, +note 2, and doc. no. 106, note 1. The death of George II. and the +accession of George III., 1760, made necessary the issue of new +commissions. The persons included in the commission were, in each +case, the governor, the vice-admiral, flag-officers, and +commander-in-chief of any squadron within the admiralty jurisdiction +of the colony, its lieutenant-governor and council, the chief civil +judge, the judge of the vice-admiralty, the captains and commanders of +royal ships within the jurisdiction, the secretary of the colony, the +surveyor general of customs, and the collector of plantation duties. +_Acts of the Privy Council, Colonial_, IV. 485-487; John Adams, +_Works_, IX. 628.] + +_Sir_, + +I take the Liberty to acquaint you, that in Obedience to the +Directions of my Lords Commissioners of the Admiralty, signified by +your Letter of the 30th December last, I have solicited the passing of +several Commissions through the proper Offices, for Trying Pirates at +the following Places, Vizt. + + { At Jamaica, +By the _Danae_ { Barbadoes, + { The Leeward Islands. + + { The Bahama Islands, + { South Carolina and Georgia, +By the _Gosport_ { North Carolina, Maryland, and Virginia, + { New York, New Jersey, + { Pensilvania and Connecticut. + + } Massachusets Bay, +By the _Launceston_ } Nova Scotia, + } Newfoundland, and +By the _Gosport_ Bermuda Islands. + +And I herewith send you the Said Commissions, being Eleven in Number, +which have been passed under the Seal of the High Court of Admiralty, +and are all dated the 14th day of January last. + +I am + +Sir + +Your most humble and + most obedient Servant, + +SAM'L SEDDON. + +PICCADILLY +10th March 1762. +Honourable John Cleveland Esquire + +_Sir_, + +In Obedience to the Directions of my Lords Commissioners of the +Admiralty signified to me in your Letters of the 24th instant, That I +should let you know what Commissions for the Trials of Pirates in +America, I have passed through the several Offices, in Consequence of +Mr Cleveland's Letter of the 1st February 1762, and the Time when, and +by what Conveyances I sent them to the respective Colonies: And also, +whether any Commission has been passed in His present Majesty's Reign +for Trying Pirates at Rhode Island; I take the Liberty to acquaint you +for their Lordships Information, that in Obedience to an Admiralty +Order signified to me in a Letter from the late Mr. Secretary +Cleveland dated the 30th day of December 1761, I solicited the Passing +of Eleven Commissions for trying of Pirates at _Rhode Island_, and +other Places in America, all which were dated the 14th of January 1762 +as appears by the enclosed Extract, taken from the Entries thereof +made in the Register's Office at Doctors Commons; And I further take +the Liberty to acquaint you, that on the 10th day of March 1762, I +sent the said Eleven Commissions to Mr. Cleveland; as appears by the +enclosed Copy of my Report to their Lordships of that Date + +I am + +Sir + +Your most humble and + most obedient Servant, + +SAM'L SEDDON. + +PICCADILLY +26th August 1772. + +Philip Stephens Esquire. + + +Extract of Commissions for Trying Pirates in America. 14th January +1762.[2] + +[Footnote 2: The figures refer to pages in the appropriate volume of +the registers of the High Court of Admiralty.] + + } Commission for trying such } +North Carolina } Pirates as shall be taken and } +Maryland, and } carryed into His Majesty's } 169 +Virginia } Provinces of North Carolina, } + } Maryland and Virginia. } + + } Commission for Trying such } +Bahama } Pirates as shall be taken and } 176 +Islands } carried into His Majesty's Bahama } + } Islands. Dated the same Day. } + + } Commission for Trying such } + } Pirates as shall be taken and carried } +Bermuda } into His Majesty's Bermuda } 180 +Islands } Islands. Of the same Date. } + + } Commission for Trying such } +Island of } Pirates as shall be taken and carried } +Newfoundland } into His Majesty's Island } 184 + } of Newfoundland. Of the same } + } Date. } + + } Commission of the same Date, } +Province of } for Trying such Pirates as shall } +Nova Scotia } be taken and carried into His } 187 + } Majesty's Province of Nova } + } Scotia. } + + } Commission of the same Date, } +Island of } for Trying such Pirates as shall } 191 +Barbadoes } be taken and carried into His } + } Majesty's Island of Barbadoes. } + + } Commission of the same Date, } +New York } for Trying such Pirates as shall } +New Jersey } be taken and carried into His } 195 +Pensylvania } Majesty's Provinces of New } +and Connecticut } York, New Jersey, Pensylvania, } + } and Colony of Connecticut. } + + } Commission of the same Date, } +Leeward } for Trying such Pirates, as shall } 200 +Islands } be taken and carried into His } + } Majesty's Leeward Islands. } + + } Commission of the same Date, } +Island of } for Trying such Pirates, as shall } 205 +Jamaica } be taken and carried into His } + } Majesty's Island of Jamaica. } + + } Commission of the same Date, } +Provinces of } for Trying such Pirates, as shall } +South Carolina } be taken, and carried into His } 209 +and Georgia } Majesty's Provinces of South } + } Carolina and Georgia. } + + } Commission of the same Date, } +Massachusetts } for Trying such Pirates, as shall } +Bay, New } be taken, and carried into His } +Hampshire } Majesty's Provinces of the } 214 +and Rhode } Massachusetts Bay and New } +Island } Hampshire, and Colony of Rhode } + } Island. } + +_Sir_, + +The _Danae_ sailed 6th May 1762 for Jamaica and Leeward Islands. + + _Gosport_ 7 April 1762 for Virginia and Maryland. + + _Launceston_ 7 April 1762 New England. + +but cannot find out how the Pacquets to Nova Scotia and Newfoundland +were conveyed. + + +_202. Articles of Agreement; the Mars. June 23, 1762._[1] + +[Footnote 1: Printed broadside, 20 by 16 inches, preserved among the +papers of the New York vice-admiralty court, no. 85 in the "large +book". It bears near the heading a picture of two vessels, with the +legend, "Success to the Brigantine _Mars_." With these elaborate +articles of agreement may be compared the articles of agreement, +substantially similar, of the Rhode Island privateer _Defiance_, 1756, +in the _Newport Historical Magazine_, II. 198-204, or those of the +_General Washington_ and the _Belisarius_, 1781, presented in +facsimile in the _N.Y. Geneal. and Biog. Record_, LIII. 349-351.] + +_New-York, June 25, 1762. Articles of Agreement Made and Agreed upon, +Between Capt. Dennis M'Gillycuddy,[2] Commander of the Privateer +Brigantine, call'd, the Mars, and Company. (Printed by H. Gaine, in +Hanover-Square.)[3]_ + +[Footnote 2: The _Mars_ came in on Apr. 21 from a previous cruise, +under the same captain. _New York Mercury_, Apr. 26, 1762. May 22, the +vice-admiralty court pronounced a decree in a suit brought by her +commander, as libellant, against the prize snow _Johnson_. July 2, we +find him, as owner of the _Mars_, 16 guns, petitioning for a fresh +commission as commander of her. _Cal. Hist. MSS. N.Y._, II. 732, 734. +"On Monday last [July 5] sailed from the Hook, on a Cruize against his +Majesty's Enemies, the Privateer Brig _Mars_, Capt. McGillycuddy"; +_Mercury_, July 12. The issues of Oct. 18 and Nov. 29 show that she +made many prizes, but lost her captain.] + +[Footnote 3: Hugh Gaine, the celebrated printer of the _New York +Mercury_, had his shop at the Bible and Crown in Hanover Square from +1757 to 1800. _Journals of Hugh Gaine_, ed. Paul L. Ford, I. 8, 9.] + +_Imprimis_, That the said Dennis McGillycuddy, for himself, and in +Behalf of the Owners of the Privateer, shall put on board the said +Brigantine a sufficient Number of Great Guns, Small Arms, Powder, +Shot, and all other necessary warlike Stores and Ammunition; as also, +suitable Provisions sufficient for the said Brigantine, during the +whole Cruize; which Cruize is to be understood to be from the time of +the said Brigantine's sailing from the Port of New York, until the +Time of her returning thither again, for which there shall be no +Deduction made out of the said Company's Shares: And in Consideration +thereof, the Owner of the said Brigantine or his substitutes, shall +have and receive _One Half_ of all Prizes, Goods, Wares, Merchandizes, +Monies, Effects, etc. that shall be taken during this Cruize; the +other _Half_ shall be divided, and paid to the said Brigantine's +Company, by the Captain aforesaid, according to the Rules hereafter +stated. + +II. That the Captain shall have and receive, for himself, _Six Full +Shares_, and shall be granted all Privileges and Freedoms which have +been granted any Captains of Privateers: That the Lieutenants and +Master, shall each of them have _Three Full Shares_, That the +Captain's Clerk, Mates, Steward, Prize-Master, Gunner, Boatswain, +Carpenter, and Cooper, shall each of them have and receive, _Two Full +Shares_. That the Gunner's Mate, Boatswain's Mate, Doctor's Mate, +Carpenter's Mate, and Cooper's Mate, shall each of them have and +receive _One Share and a Half_. + +III. That the doctor of the said Privateer, or whoever is at the +Expence of the Chest of Medicines, shall have and receive the Sum of +---- Pounds, if well furnished. Also the doctor shall have and receive +for himself _Three Full Shares_, as also all Medicines and Instruments +belonging to any Doctor that shall be taken. + +IV. That if any Person spies a Sail, and she proves to be a Prize +worth One Hundred Pieces of Eight a Share, he shall receive Forty +Pieces of Eight at Six Shillings. And the first Man who enters on +boarding a Prize in an engagement, and strikes her Colours, shall +receive Half a Share for his Bravery. + +V. That all the rest of the said Brigantine's Company, such as shall +be deemed able and sufficient Seamen, shall each of them have and +receive _One Full Share_, out of the Effects, Plunder and Prizes, that +shall or may be taken by the said Brigantine during the Cruize, +Provided, They are not found guilty of the Faults or Crimes hereafter +named. + +VI. That as to the Proceedings of the Vessel, and undertaking any +Enterprize at Sea, or on Shore, and into what Port any Prize shall be +Carried that shall be taken during the Cruize, shall be left entirely +to the Captain's Election. + +VII. That whoever of the Company shall breed a Mutiny or Disturbance, +or strike his Fellow, or shall Game with Cards or Dice for Money, or +any Thing of Value, or shall sell any strong Liquors on board, during +the Voyage, he or they shall be fined as the Captain and Officers +shall direct. And if any of the Company be found pilfering or +stealing any Money or Goods of what kind soever, belonging to the said +Privateer or Company, he or they shall forfeit his or their Share or +Shares of the Prize-Money or Effects then and afterwards taken by the +said Brigantine, during the whole Cruize, to the Owner and Company. + +VIII. That if any of the Company in an Engagement with the Enemy, or +in the true Service of the Cruize, shall lose a Leg or an Arm, or be +so disabled as to be deprived of the Use of either; every such Person +shall be allowed out of the effects or Prize first taken, (before any +Division be made) the Sum of _Six Hundred Pieces of Eight_, at Six +Shillings; or the Value thereof in Goods, at the Price according to +public Sale: But if there be not so much taken at that Time, the +vessel and Company shall keep out till they have enough for that +Purpose; Provided no extraordinary Accident happens. + +IX. That all the small Plunder, shall be brought to publick Sale, and +be delivered to the highest Bidder, for which their Shares shall be +accountable, excepting the Captain's Perquisites, which are such as +did belong to the Captains of Prizes, and such Clothing as the Captain +shall think proper to allow the Prisoners. + +X. That if any Person belonging to the said Brigantine, be killed in +an Engagement, or die on board, his Share or Shares, of all Prizes +taken in his Life-Time, shall be paid to his Executors, if so +appointed by Will; but if no Will be made, then his Part of what was +got as aforesaid shall go to his Widow, or Heirs at Law, if claim'd in +Twelve Months, from the Time of the said Brigantine's Arrival into her +commission'd Port; and on Failure thereof, said Share or Shares shall +be and belong to the general Interest of the Whole. + +XI. That if any of the Company do disannul any of the Officers +Commands for the Good of the Cruize, or the general Interest, he or +they shall be fined and punished as the Captain and Officers shall +direct. And if any of the Company do Assault, Strike or Insult any +Male Prisoner, or behave rudely or indecently to any Female Prisoner, +he or they shall be punished as the Captain and Officers shall +direct. And if any of the Company begin an Attack, either by firing a +Gun, or using any Instrument of War, before Orders be given, by the +proper Officers, he or they shall be punished; but if any of the said +Company do refuse to make an Attack on the Enemy, either at Sea or +Land, at the Command and in the Manner ordered by the Captain and +proper Officers, or do behave with Cowardice in any Engagement, he or +them shall forfeit his or their Share or Shares for such Refusal or +Cowardice; and if any of the Company get drunk, or use blasphemous and +prophane Words, they shall be punished as the Captain and Officers +shall direct: And likewise if any of the Company do desert the said +Schooner before her Return to New-York, he or they shall forfeit their +whole Shares to the Owner and Company, first paying such Brigantine's +Debts as are contracted by the Captain's Knowledge. + +XII. That at the Division of any Money or Effects taken this Cruize, +---- Dead Shares shall be deducted out of the Whole, which shall be +divided by the ---- amongst the most Deserving and them that does most +for the benefit of the Cruize. + +XIII. That any Prize or Prizes that shall be taken during the Cruize, +shall be with all Speed sent into the Port of New-York, in order that +the same may be libelled against in the Court of Admiralty for +Condemnation, and to no other Place whatsoever, except said Prize +shall be so disabled that she could not proceed to said Port: And any +Person or Persons which shall be aiding or assisting, or shall give +his or their Consent for sending any Prize or Prizes, into any other +Port but the Harbour of New-York aforesaid, shall forfeit his or their +Share to the Owner and Company; and that no Division shall be made +till they return to the Port of New-York. + +XIV. That in Case any neutral Property, or any Property whatever, be +taken and sent into Port, and after Condemnation be had, an Appeal +should be entered by the Claimants, then, and in such Case, it shall +be Lawful with the full Consent of the Captain and Company of the +said Privateer, for the Owner, or his Attorney, to compromise, +compound, and settle, by giving up any Sum or Part of the Prize, as +shall seem most advisable to him for the general Interest, that the +Captain and Company may receive each and every one of them their just +and lawful Right and Prize-Money, and not be kept out of their Money +until the Appeal may be determined in England; and in Case no such +Compromisation can be made, then a certain Sum, shall be lodged out of +the Prizes before taken, to prosecute the said Appeal: And it shall +likewise be lawful for the Owner or Agent of the said Privateer to +discharge any Capture that may be made during his said Cruize, without +the formality of a Prosecution, in order that all unnecessary Charges +may as much as possible be avoided. + +XV. That it shall not be lawful for the said Officers and Company, or +either of them, to demand or sue for the Prize-Money so to become due +to them, or any Part thereof, until fourteen Days after the Sale of +such Prize or Prizes, the Settlement of the Accounts relating to the +said Cruize, and the actual Receipt of the Money by the Agent +appointed to manage the Affairs of the said Cruize. + +XVI. That if it should happen, that the said Briganteen, by Means of +any Fight, Attack, or Engagement, be lost, sunk or disabled, so as she +may be thereby rendered unfit for any further Service as a private +Vessel of War to cruize; that then, and in such Case, the owner of +said Brigantine, shall be entitled to take to himself, and for his own +sole Use and Property, any Ship or Vessel taken during the Cruize, +with her Guns, Tackle, Furniture, Ammunition and Apparel, not +exceeding the Value of the Brigantine at the Time of her Sailing; +which Ship or Vessel so taken shall be to the Owner in Lieu of the +said Brigantine. + +XVII. That in Case of the Death of the Commander, the next in Place +shall strictly observe and comply with the Rules, Orders, Restrictions +and Agreements, between the owner of the said Brigantine and the said +Commander. + +God Save the King, and Success to the _Mars_, and all her brave Crew. + + +_203. Certificate of a Negro's Freedom. June 26, 1762._[1] + +[Footnote 1: From the papers of the New York vice-admiralty court, +book III. The document is not signed, but a translation written on the +back of it is signed Lagardien, to which is added a note: "Mons. +Lagardien is a Gentleman of an Estate near the Cape [_i.e._, Cap +Francois] in St. Domingo and came hither for his Health about the +latter End of Octob. last". July 24, the provincial council gives a +pass to "Mons. De Laugardiere" to proceed to Bristol, England, in the +snow _Belle Sauvage_. _Cal. Hist. MSS. N.Y._, II. 734. Judge Hough +informs me that, negroes found on captured vessels being often sold as +prize, attempts to obtain their freedom, as in the present case, were +often made, and that these attempts were usually unsuccessful in the +earlier period of the court's existence, successful in the later.] + +Je Soussigne Certifie que le negre apelle laville, qui se trouve +actuellement prisonnier a la nouvelle York, Est Libre de naissance, +Pour l'avoir veu et connu a St. Domingue travailliant de son metier de +charpentier, Et si le petit negre qui a Ete pris avec luy est son +neveu comme il l'atteste, il est aussy libre, D'autant plus que le +pere et la mere dud. negre laville sont aussy affranchis, En foy de +quoy jay signe le present certificat, que jatteste veritable a la +nouvelle York le 26e juin 1762. + +_(Translation)_ + +The undersigned certifies that the negro called Laville, now prisoner +in New York, is free born, having seen him and known him at St. +Domingo where he was working at his trade as carpenter, and if the +little negro captured with him is his nephew as he declares, it is +incontestable that he also is free, the more so that the father and +mother of the said negro Laville are also freed people. In testimony +whereof I have signed the present certificate, which I attest as +authentic. New York June 26, 1762. + + + + +INDEX + + +Abaco Keys, 405. + +Abbot, William, 537, 540, 541, 543, 546, 549, 554, 565, 566. + +Abbott, Richard, 196. + +Abd-ul-Ghaffar, 156, 158. + +Abercromby, _Capt._ (_Gen._) James, 485, 486, 489, 490. + +Aberdeen, brigantine, 385. + +Abraham, sailor, 315. + +Abreu de Galindo, Juan, _History of the Canary Islands_, 373 n. + +Accomac, Va., 263. + +Achill, island, 161, 162, 164. + +Acton, _Capt._ Edward, R.N., 192. + +_Acts of the Privy Council, Colonial_, 153 n, 273 n, 291 n, 318 n, 469 n, +543 n, 577 n. + +Adams, Henry, quartermaster, 171. + +Adams, John, _Works_, 577 n. + +Addington, Isaac, secretary, 213, 223, 286. + +Addison, James, 400. + +Aden, 194. + +Admiral, Lord High, 312, 355. + +Admiralty, High Court of, 143 n, 271 n, 275 n, 312-313, 348, 349, 351, +353, 378 n, 379, 442 n, 520, 521, 523, 579 n. + +Admiralty, Lords of the, 245, 247, 347 n, 355, 376, 573 n, 575 n, 577, 578. + +Admiralty courts, xi-xiii, 7, 8, 74 n, 141 n, 145, 146, 188, 312-313, +349, 516; + Jamaica, 36; + New York, 530 n; + Rhode Island, 285 n, 318-323, 575-576; + Spanish, 478 n; + Teneriffe, 478; + Virginia, 271; + _see also_ Vice-admiralty. + +Admiralty judge, commissions, 321 n, 517-519, 519-523; + warrant for commissioning, 187-188. + +_Adventure_, pirate ship, 217 n. + +_Adventure Galley_, Kidd's ship, 190, 197, 198, 204, 205, 210, 212, 213, +214. + +_Adventure Prize_, _see_ _Quedah Merchant_. + +_Advice_, H.M.S., 192, 250 n. + +Advocates, 439 n. + +African Company, Brandenburg's, 82 n; + _see also_ Royal African Company. + +Agadir, 487 n. + +Agreement, articles of, 581-585. + +Agreement, _Revenge_ and _Success_, 463-465. + +Airy, Samuel, 300. + +Albany, negro, 385 n. + +Albany, N.Y., 277. + +Alcedo, Dionisio de, _Aviso Historico_, 107. + +Aldred, _Capt._ John, R.N., 259, 269, 273, 274. + +Alexander, _Capt._, 277. + +Alfonso VI., of Portugal, 27, 28. + +Algiers, Dey of, 360 n. + +Allen, Charles, 107 n. + +Allen, _Capt._ James, _Revenge_, 450, 451 n, 456, 461, 463, 465, 469. + +Allen, _Capt._ John, 25, 26. + +Allen, William, 44. + +Allin, Joseph, 495. + +Allison, _Capt._ James, pirate, 147, 148, 150, 152. + +Allison, _Capt._ Robert, buccaneer, 85, 89, 90, 92, 93 n. + +Allison, Robert (2), 186. + +Almy, Christopher, 319-320. + +Almy, Edward, 384, 395, 416. + +_America_, 242. + +American Antiquarian Society, _Proceedings_, 219 n; + _Transactions_, 315 n. + +American Historical Association, _Annual Reports_, 271 n, 443 n. + +American Jewish Historical Society, _Publications_, 536 n. + +_Amity_, 167, 183. + +Amplitudes, 126. + +Amsterdam, 140, 376; + admiralty, 365 n; + burgher's oath, 366; + _Holy Ghost_ from, 19. + +_Amsterdam Post_, Dumaresq _vs._, prize case, 356-378, 463 n; + sea-letter, 364; + let-pass, 365; + tonnage certificate, 365. + +Anamabo, 316 n. + +Anchors, 438 n. + +Andersen, Cornelius, 81 n. + +Anderson, Richard, 501. + +Andreas, _Capt._, Indian, 93. + +Andrew, _Dr._ John, 446 n, 451, 453, 454, 456; + opinion, 447-448. + +Andrews, _Capt._, 277. + +Andrews, _Col._ John, admiralty judge, 575 n, 576 n. + +Andros, _Gov. Sir_ Edmund, 145 n, 146, 271 n. + +_Andros Tracts_, 145 n. + +Angola, 166. + +_Angola_, ship, prize, 468. + +Anguilla, Kidd at, 196, 211. + +Anieta, _Capt._ Philip de, 469. + +Anne, Queen, 275 n, 285 n, 322, 323; + act concerning privateers, 347 n; + concerning prizes, 442 n; + concerning wrecks, 299 n. + +Annobon, island, 166. + +Anson, _Adm. Lord_ (George Anson), 524. + +Antigua, W.I., 136, 137, 211 n, 245; + buccaneers at, 131, 132, 134; + vessels from, 392. + +_Antigua_, Kidd's, 219 n. + +Antonio, Gaspar, 236. + +Antonio, Matheas, 537. + +Antonio, Vincente, 487; + declaration, 485. + +_Antonio_, Kidd's sloop, _see_ _San Antonio_. + +_Apollo_, prize, retaken, 506-510. + +Apostles, 569 n. + +Apostolos, islands, 127. + +Appeal, in prize case, 442; + bond for, 443-444; + account, 453-456. + +Archer, _Capt._ Allen, 287, 289. + +Archer, John Rose, pirate, 323 n, 328, 329, 331; + trial, 338-342; + execution, 344 n, 345. + +Archer, John Rose, and others, piracy case, 323-345. + +Arentsen, Hendrick, 9-11, 13, 14. + +Arentsen, Juriaen, pirate, 74 n. + +Arguin, 138 n. + +Arica, 105; + buccaneers at, 108, 113-115. + +Armas, Domingo de, + declaration, 563-564. + +Armenian merchants, 207, 209 n, 255. + +Arnold, John, 415, 416, 417, 418. + +Arnold, Sion, pirate, 242. + +Articles of agreement, 581-585. + +Aruba, W.I., 473 n, 475 n, 486, 490. + +Ashfeild, Edward, 266 n. + +Ashley, _Hon._ Maurice, 286. + +Asset Khan, 158. + +Assistants, Court of, _see_ Massachusetts. + +_Astrea_, case, 442 n. + +Atkinson, Joshua, deposition, 272-273. + +_Atlantic Monthly_, 381 n. + +Auchmuty, Robert, admiralty judge, 356-359, 362, 431, 434; + advocate general, 329, 340; + decree, 439-442; + sentence, 375-378. + +Augustine, French boy, 502. + +Augustine, mulatto, 408, 409, 411, 414, 416. + +Aurangzeb, 155, 233, 235, 240. + +Austin, William, 384, 395, 397, 416. + +Austrian Succession, War of the, 471 n. + +Aux Cayes, Haiti, 472. + +Average, 480 n. + +Avery, James, 384, 394, 397, 406, 416. + +Axe, _Capt._ Samuel, 4, 6, 7, 8. + + +Bab-el-Mandeb, Straits of, 193, 194, 255 n. + +Babson, _History of Gloucester_, 328 n. + +Backer, A., 365. + +Bacon, Nathaniel, 152 n. + +Bahamas, _Journal of the Assembly_, 405 n, 407 n; + _see also_ New Providence. + +Bahama Bank, Great, 434 n, 437. + +Bahama Channel, Old, 434, 437. + +Bahama Straits, Old, 463 n. + +Bail, of privateers, 353-354. + +Baird, Patrick, register, 492. + +Baker, Richard, consul at Madeira, 362 n, 363, 372, 373. + +Baker, Thomas, pirate, trial, 303-306. + +Balboa, 96 n. + +Baldridge, _Capt._ Adam, 175 n, 197 n; + deposition, 180-187. + +Ballad, of Captain Kidd, 253-257. + +Ballard, _Lieut.-Col._ Thomas, 261. + +Ballinrobe, Ireland, 162, 164. + +Baltic, 141 n. + +Baltimore, Ireland, 369 n. + +_Baltimore_, 272. + +Banes, _see_ Ybanez. + +Bangs, Mary R., _Old Cape Cod_, 293 n. + +Banker, 255. + +Bant, Edward, 49, 50; + petition, 48; + declaration, 62-63. + +Baptis, John, pirate, 330, 331; + trial, 342-344. + +Barahona, _Don_ Jacinto de, 99. + +Barbacoa River, 107. + +_Barbadoes Merchant_, 262. + +Barbados, 38, 141 n, 149, 190, 378 n; + brigantines, 191, 233, 235; + buccaneers at, 131, 134, 136, 137; + _Holy Ghost_ seized at, 18; + pink from, 269; + piracy near, 316, 329, 331; + _Prince Charles of Lorraine_ at, 513, 514; + privateering near, 61, 276; + ships of, 183, 185, 295; + sloops, 192, 206. + +Barbour, Violet, 1 n. + +_Barca longa_, 89 n. + +Barcelona, 154 n. + +Barclay, _Sir_ George, 161 n. + +Bardsley, _Curiosities of Puritan Nomenclature_, 275 n. + +Barker, James, 384, 394, 397, 416. + +_Barkley, Little_, 47, 49, 62. + +"Barleycorn, John," 388 n. + +Barlow, "forced man," 346. + +Barnevelt Islands, 129 n. + +Barns, _Capt._ Thomas, 499, 500. + +Barracoas, island, 104, 122. + +Barrett, _Capt._, 411, 426. + +Barros Arana, _Historia Jeneral de Chile_, 114 n. + +Barrow, George, 327, 329, 331. + +Barton, _Capt._ Richard, 277. + +Bartrum, _Capt._ William, 277. + +Basse, _Gov._ Jeremiah, 242. + +Batavia, 157. + +_Batchellor's Delight_, 113 n, 181. + +Bateman, _Viscount_ (John Bateman), 524. + +Batt, John, 206. + +Bauffremont, _Chevalier de_, 573. + +Bayamo, Cuba, 554. + +Bayard, Nicholas, 144. + +Beaufort, _Duke of_ (Henry Somerset), 286. + +Beckford, John, 183, 184. + +Beekman, William, 144. + +Beel, master of sloop, 342. + +Begensous, Solomon, 34. + +Belcher, Andrew, 286. + +Belcher, _Gov._ Jonathan, 357 n. + +_Belisarius_, privateer, 581 n. + +Bell, Thomas, sheriff, 160. + +Bellamy, _Capt._ Samuel, pirate, 291 n, 292 n, 293 n, 294, 297, 303-310. + +Belle, Pedro van, 233, 235. + +_Belle Sauvage_, 586 n. + +Bellingham, Richard, 18, 32 n, 33. + +Bellomont, _Gov. Lord_ (Richard Coote), 144 n, 180 n, 187, 188 n, 190 n, +250, 251, 257 n; + letters to the Board of Trade, 213-218, 224-232; + letter of Gov. Lorents to, 232-236; + memorial of Campbell to, 202-205; + petition of Sarah Kidd to, 224. + +Benedict, E.C., _American Admiralty_, 144 n, 321 n, 517 n. + +Bengals, 220 n, 221. + +_Benjamin_, 156, 158. + +Bennett, John, 384, 416; + _see also_ Burnett. + +Bennett, N.J., 387. + +Benson, George, Indian, 385. + +Berkeley of Stratton, _Lord_ (John Berkeley), 567. + +Berkenhead, Thomas, 34, 41. + +Berlengas, islands, 129. + +Bermuda, brigantine of, 191; + piracy near, 327; + privateer from, 388; + privateering near, 537 n; + sloops from, 183, 389. + +Bernage, _Gov._ Bastiaen, 249. + +Berrow, Elizabeth, Irishwoman, 562, 564; + declaration, 564-567. + +Betom Lonalt, Francisco, 479. + +Beverley, Peter, 273, 275. + +Beverley, Robert, _History of Virginia_, 260 n. + +Bezoar-stone, 457 n. + +Bideford, Eng., 267. + +Bilander, 137. + +Bilboa, 140. + +Billingsgate, Cape Cod, 292. + +Billingsly, _Capt._ Rupert, R.N., 196. + +Bill of health, 361 n; + of health, Rotterdam, 569-571; + of lading, 483-484; + of sale, 477-479. + +Billopp, C.F., _Thomas and Ann Billopp Farmer_, 535 n, 538 n. + +Bils, Charles de, Portuguese commission to, 27-28; + commission from, 29. + +Bimentel, Saniony, 479. + +Bingham, _Sir_ Henry, 161. + +Bingham, John, 161. + +Bird Island, 345 n. + +Bishop, Nathanuel, notary, 567. + +Bissava, _Capt. Don_ Carlos Francisco de, 509, 510. + +Bist, Jan vander, 246, 247. + +Bjelle, J., 570, 571. + +Black, William, journal, 477 n, 507 n. + +_Blackamoor_, 37. + +Blackbeard, _see_ Teach, Edward. + +Blackborne, Robert, 155, 165 n. + +Blackledge, Benjamin, piracy case, 147-152; + indictment, 152-153. + +Blackman, Francis, deposition, 20-21. + +"Black Sloop," 399 n. + +Blake, William, doctor, 391, 392, 394, 406, 416, 429. + +Blakiston, _Gov._ Nathaniel, 199 n, 200 n, 201, 261. + +Blanchard, Benjamin, 384, 385, 395, 397, 416, 417, 419. + +Blanco, Virgin Islands, 294, 310. + +Blas, _Don_, negro, 411. + +Blaspiel, Werner von, 83 n. + +Blawfelt, Albertus, 10 n. + +Blawfelt, _Capt._ Wyllem Albertsen, privateer, 9-16, 17 n. + +Blewfields Bay, Jamaica, 35, 40. + +Blewfields Bay, Nicaragua, 10 n. + +Bleyth, William, 501. + +Block Island, 217 n, 221, 222, 382, 436. + +_Blue Dove_, prize case, 27-46. + +Bobbington, _Capt._, 184. + +Boca del Drago, 90. + +Boca del Toro, 90. + +Bodleian Library, Oxford, documents from, xv, 197-200, 259-275. + +Bollan, William, 358. + +Bolter, Benjamin, 501. + +Bolton, Charles, 514. + +Bolton, Henry, 211, 212, 230, 231, 233, 235; + information, 245-249. + +Bombay, 154, 194, 195; + letters from, 155-159. + +Bomboo, 210 n. + +Bona Vista, Cape Verde, 191, 206. + +Bonds, privateer, 358. + +Bonnovolo, Madagascar, 181. + +_Bon Rencontre, Le_, snow, 573 n. + +Boone, Nicholas, printer, 284. + +Bootman, John, trial, 330-338. + +"Boot-tops," 392 n. + +Borneo, 217 n. + +Boston, Mass., jail or prison, 150, 229, 308, 516; + ships from, 184, 186. + +Boston, _Memorial History_, 219 n, 226 n, 271 n. + +Boston Admiralty Court, documents from, xv, 347-354, 356-378, 431-444. + +_Boston Gazette_, 345 n. + +_Boston News-Letter_, documents from, 276-284, 313-318, 571-573. + +Boston Record Commissioners, _Reports_, 345 n, 495 n. + +Bourdett, Samuel, 395, 400, 416. + +Bourne, _Sir_ Arthur, 165. + +Bourne, H.R. Fox, _English Merchants_, 468 n. + +Bourryau, Zachariah, 456, 468, 470; + and Schaffer, letters to Freebody, 448-450, 451-453. + +Bowles, _Capt._ Isaac, 37. + +Bowlines, 56. + +Bowls, _Capt._, 316. + +Bowne, _Capt._ Obadiah, 506 n, 508, 509. + +Boxford, Mass., Second Church, 428 n. + +Bradford, William, _History of Plymouth Plantation_, 208 n. + +Bradinham, _Dr._ Robert, 199. + +Bradish, _Capt._ Joseph, pirate, 217, 229, 231, 237, 244, 250 n, 315. + +Bradley, Samuel, 211, 218 n. + +Bradock, _Capt._ Nicholas, 277. + +Bradstreet, _Gov._ Simon, 18, 138. + +Brails, 56. + +Brailsford, Edward, 287, 289. + +Bramston, _Dr._ George, report, 275-276. + +Bramston, Sir John, _Autobiography_, 275 n. + +Brandenburg Company, at St. Thomas, 233, 235, 236. + +Brandenburg-Prussia, fleet of, 138-141; + privateers and navy, 82, 83; + treaty with Denmark, 235 n. + +Brazil, 191, 200, 278 n, 327, 331. + +Breedon, _Capt._ Thomas, 26, 32 n. + +Brenton, Jahleel, 244. + +Brett, John, of Antigua, 257, 258. + +Brett, _Capt._ John, 303, 304, 308. + +Bridge, _Rev._ Thomas, 279 n. + +Bridgeman, William, 188. + +Bridges, Robert, 18. + +Bridgetown, Barbados, 131 n. + +Bridgman, _Capt._, alias, _see_ Every, _Capt._ Henry. + +Brigham, A.P., _Cape Cod_, 293 n. + +Brinley, Francis, 243. + +_Brintania_ (_Britannia_?), prize, 277. + +Bristol, Eng., galley, 317; ships, 267, 295; snow, 316. + +Bristol, Mass., and R.I., 285 n, 510 n, 512, 514 n; + privateers, 572. + +Bristol County, Mass., sheriff, 320 n. + +Bristol stone, 227. + +British Museum, documents from, xv, 3-8, 82-133. + +Bromfield, Edward, 324, 338. + +Brooke, _Lord_ (Robert Greville), 3. + +Brooksby, Edward, 501. + +Broom, Rex _vs._, 378 n. + +Brother Islands, 383, 385. + +Broughton, Thomas, 287, 289. + +Brown, _Capt._, 156, 157. + +Brown, David Paul, _The Forum_, 473 n. + +Brown, John, _Apollo_, deposition, 506-508, 509 n. + +Brown, John, pirate, Jamaica, 298; + examination, 293-295; + trial, 303-306. + +Brown, John, _Revenge_, 384, 395, 397, 416. + +Brown and Burton _vs._ Franklyn, 378 n. + +Browne, Arthur, _Civil and Admiralty Law_, 454 n. + +Browne, James, 173. + +Browne, Samuel, 324, 338. + +Browne, William, depositions, 30, 35-36. + +Brown University, library, 453 n. + +Bruce, Peter Henry, _Memoirs_, 405 n, 407 n, 415 n, 477 n. + +Bruce, Philip A., _Institutional History of Virginia_, 259 n. + +Bruman, John, 429. + +Buccaneers, attack on Portobello, 84-92; + on the Isthmus, 92-99; + at Panama, 99-101; + in the South Sea, 101-109; + at Coquimbo, 109-111; + at Juan Fernandez, 111-113; + at Arica, 113-116; + northward to Costa Rica, 116-118; + on the coast of Costa Rica, 118-122; + southward voyage, 122-126; + around Patagonia, 126-129; + north to Antigua, 129-131; + dispersal, 131-133; + Sir Henry Morgan and, 133-135; + Simon Calderon on, 135-137. + +Buckmaster, Edward, examination, 197-200. + +Buckner, _Maj._ William, 261. + +Bull, Samuel, 163. + +Bumkins, 116. + +Bumstead, Jeremiah, diary, 329 n, 344 n, 345 n. + +Buntlines, 56. + +Burchett, Josiah, secretary, 312 n. + +Burk, pirate, 244. + +Burke or Burt, William, 212, 231, 233, 235. + +Burley, John, 66. + +Burlington, N.J., 243 n. + +Burn, Foelix, 383, 384, 386, 394, 416. + +Burn, Flora, 395, 416. + +Burnett, John, 395; + _see also_ Bennett. + +Burr, George L., _Narratives of the Witchcraft Trials_, 234 n. + +Burrell, _Sir_ William, reports, 530 n, 567 n. + +Burrill, John, pirate, 323 n, 326, 328, 329, 340. + +Burt, _Pres._ William, 195 n, 196. + +Burt, William, _see_ Burke. + +Burton, Brown and, _vs._ Franklyn, 378 n. + +Butler, Gov. Nathaniel, commission, 1-3; + diary, 3-8. + +Button, Samuel, 138 n; + deposition, 140-141. + +Byfield, Nathaniel, admiralty judge, 285. + +Byfield, _Rev._ Richard, 285 n. + +Bynkershoek, Cornelius van, _Quaestiones Juris Publici_, 447 n. + + +Cabanas, Cuba, 537 n, 543, 554. + +Cabo Pasado, 122, 135, 136. + +Cade, Bartholomew, 163, 164. + +Cadiz, 503, 505. + +Cagigal de la Vega, _Don_ Francisco, captain-general of Cuba, 547; + certificate, 554-555. + +Caicos, 418. + +Cal, _Don_ Geronimo de la, 537, 539. + +Calabar, Old, 141 n. + +Calamy, Edmund, _Nonconformists' Memorial_, 6 n. + +Calderon, Simon, 124; deposition, 135-137. + +Caledonia, on the Isthmus, 231. + +Calef, Robert, _More Wonders of the Invisible World_, 234 n. + +_Calendar of State Papers, Colonial_, 153 n, 160 n, 165 n, 176 n, 182 n, +190 n, 197 n, 198 n, 199 n, 210 n, 245 n, 249 n, 257 n, 266 n, 277 n, +284 n. + +Calfe, Daniel, 501. + +Calicut, 176, 194, 200. + +Callanach, William, 376. + +_Camelion_, piracy case, 141-144. + +Campbell, David, commissary, 486. + +Campbell, Duncan, 213, 215, 216 n, 219, 225, 227, 276 n; + memorial, 202-205. + +Campbell, John, 276 n. + +Campeche, Bay or Gulf of, 14, 16, 147, 562, 564. + +Camper, William, 365. + +Cana, mines of, 96 n. + +Canary Islands, 21-23, 61, 140, 357, 360, 362, 367. + +Canoteur, 472. + +Cape Ann, vessel of, 342. + +Cape Blanco, 106, 107, 124, 125. + +Cape Breton, 496. + +Cape Clear, 368 n. + +Cape Coast Castle, or Cape Corso Castle, 175, 315 n, 316 n, 405 n. + +Cape Cod, wreck of pirates on, 291 n, 292, 293 n, 297-300, 303-306. + +Cape Cod Harbor, 290, 291 n. + +Cape Comorin, 176, 207. + +Cape Corrientes, 294. + +Cape Diu, 168 n, 194. + +Cape Francois, Haiti, 472, 503, 505, 586 n. + +Cape Frio, 128. + +Cape Haitien, 472 n; + _see also_ Cape Francois. + +Cape Henry, 270, 272, 295, 308. + +Cape Horn, 128. + +Cape Lopez, 166, 175. + +Cape May, 198 n, 199, 243 n. + +Cape Maysi, 419, 422. + +Cape Negril, 35. + +Cape of Good Hope, 191, 206. + +"Cape Roman," 426. + +Cape Sable, 334. + +Cape St. John, 168, 194. + +Cape St. Nicholas, 420, 421. + +Cape San Francisco, 104 n. + +Cape Sao Augustinho, 130. + +Cape Sao Thome, 130. + +Cape Verde Islands, 61, 147, 151, 191. + +_Captain Kid's Farewell to the Seas_, 253-257. + +Caracas, 306. + +_Cara Merchant_, _see_ _Quedah Merchant_. + +Cardozo, Isaac, 30, 31. + +_Caribbeana_, 450 n. + +Carlisle, _Earl of_ (Charles Howard), 84. + +Carlisle Road, Barbados, 20. + +Carney, Patrick, 501. + +Carolina, proprietors, 287 n. + +Carr, _Capt._, 302. + +Carr, John, 243. + +Cartagena, 86, 140, 386, 387, 419 n, 472, 485 n. + +Carter, _Capt._ Andrew, 5. + +Carteret, _Lord_ (John Carteret), 286; + _see also_ Granville. + +Carthew, _Reports_, 378 n. + +Carwar, 191 n, 193, 194. + +Cary, _Col._ Miles, 262. + +Cary, _Capt._ Nathaniel, 232, 234. + +Cary, _Capt._ Samuel, 314-316. + +Casco Bay, 77. + +Casey, John, 400. + +Cassava, 94. + +Castine, Maine, 74 n. + +Castlehaven, Ireland, 369. + +Castle Hill, R.I., 382. + +Castle Point, Va., 265. + +Castletownsend, 369 n. + +Castro, Silvestre Manuel de, 537. + +Cathcart, _Gen._ Lord (Charles Cathcart), 485 n. + +Cayenne, 169, 199, 511. + +Cayes, _see_ Aux Cayes. + +Cayman Islands, 33, 40. + +Cayo Holandes, 88 n. + +Cayo Romano, 426. + +Cerro Pirre, 96 n. + +_Ceylon_, case, 442 n. + +Chadwel, _Capt._, 277. + +Chadwell, Benjamin, 328, 333. + +Chalmers, George, _Opinions_, 144 n, 318 n. + +Champion, John, declaration, 64-66. + +Chandernagore, 209 n. + +Charles I., 1. + +_Charles_, 154, 165, 169, 172-174, 178, 179. + +_Charles_ (2), 182, 183. + +_Charles_, Mass. privateer, 278 n, 285 n. + +_Charles and Mary_, 178. + +_Charles the Second_, 240 n. + +Charleston, S.C., Admiralty Court, documents from, xv, 286-290, 517-525. + +Charles Town, Nevis, 249 n. + +Charlotte Amalie, 132 n. + +_Charming Mary_, 183, 184. + +_Charming Peggy_, _see_ _Peggy_. + +Charnock, _Biographia Navalis_, 359 n. + +Charnock, Robert, 161 n. + +Checkley, Thomas, 304. + +Cheesers, William, 249 n. + +Cheesman, Edward, 335-336, 340, 343; + trial, 323-330. + +Chester, Eng., 171. + +Chignecto, N.S., 74, 76. + +Chinton, Robert, 172. + +Child, Allwin, petition, 72-73. + +Chira, island, 119. + +Chivers, _Capt._ Richard, pirate, 175, 185, 199, 201. + +Cholmondeley, _Earl_ (George Cholmondeley), 567. + +Choros Bay, 116 n. + +Christian V., king of Denmark, 236. + +Chucanaque River, 95 n. + +Churcher, John, 182. + +_Churprintz_, 138, 139. + +Cigars, 467 n. + +Civilians, 446 n. + +Claesz, Marcus, deposition, 30-31. + +Clark, _Maj._, 70. + +Clark, John, Boston, 298. + +Clark, Ralph, 13, 14. + +Clarke, _Lieut.-Gov._ George, 383. + +Clarke, Thomas ("Whisking Clarke"), 221, 222. + +Clearance, 515; + certificate, 370-371. + +Clerke, Francis, _Praxis Curiae Admiralitatis_, 454 n. + +Clevland, John, secretary to the Admiralty, 525, 577 n, 578. + +Clew-garnets, 56. + +Clewlines, 56. + +Cline the Dutchman, 34, 41. + +Clobartexe, John, 41. + +Clough, _Capt._ Nicholas, 141-144. + +Coats, _Judge_, 183. + +Coats, _Capt._ Edward, pirate, 177, 182, 187. + +Cobs, 163. + +Cock, _Capt._ Marcellus, privateer, 138 n, 139, 140. + +Cockets, 263 n. + +Cockpit, Whitehall, 453 n. + +Cockram, Robert, pirate, 142. + +Coddington, _Capt._ Nathaniel, 241-243. + +Coddington, _Gov._ William, 72. + +Codrington, _Gov._ Christopher, 219 n. + +Coen, Adriaen Dircksen, 9-11. + +Coiba, 101. + +Colbert, J.B., letter of Seignelay to, 82-83. + +Cole, John, Eastham, 298, 304. + +Cole, Jonathan, 300. + +Cole, _Capt._ Michael, 269; + letter, 270. + +Colleton, _Sir_ John, 286. + +Collier, John, 144. + +Collins, light-keeper, 292 n. + +Collins, Christopher, 501. + +Collins, Henry, 411, 414, 426. + +Collins, Joseph, Sr., 300. + +Colson, Thomas, 384, 389, 395, 397, 416. + +Columbus, Diego, 305 n. + +_Comadressa Blanca_, 136, 137. + +Comberbach, _Reports_, 378 n. + +Combes, John, trial, 330-338. + +Commissioners of Appeal in Prize Causes, 442 n, 451, 452, 453 n, 465 n, +469, 530 n; + reversal of sentence by, 567-568; + _see also_ Appeals. + +Commissions, of vice-admiral, 1-3; + of vice-admiralty judge, 187, 517-519, 519-523; + for issue of letters of marque, 312; + for trial of piracy, xiii, 143-145, 286-290, 577-581; + to privateers, x, 4, 5, 27-30, 347 n, 355-356, 378-381. + +_Commons Journal_, 190 n, 193 n, 194 n, 202 n, 205 n, 208 n, 209 n, 211 n, +213 n, 215 n, 216 n, 218 n, 220, 221 n, 224 n, 239 n, 250 n, 251 n, 257 n. + +_Commonwealth_, 48, 49, 61. + +Comoro Islands, 154 n, 166 n, 167. + +Conanicut Island, 240, 382. + +Connecticut, agent, 449 n. + +Connoway, Morriss, 107. + +Consular certificates, 372, 373-375. + +_Content_, sloop (1), piratically seized, 327, 329, 331. + +_Content_, sloop (2), prize, 400. + +Conyers, _Capt._ Richard, 180. + +Cooke, of Kidd's crew, 221. + +Cooke, _Capt._ Edmund, buccaneer, 68-69, 87, 92, 71 n, 100, 101, 103, 132. + +Cooke, Elisha, Jr., 179. + +Cooke, _Capt._ Robert, 30, 31, 35, 36, 37, 38, 39, 43, 45. + +Cooper, _Pres._ Myles, 536 n. + +Cooper, Thomas, _Statutes at Large of S.C._, 286 n. + +Copas, _see_ Marques, Jacobus. + +Copping, John, pirate, 142. + +Coquimbo, 116; + buccaneers at, 109-111, 134. + +Cora, Venezuela, 488, 490. + +Cordova, Pascual de, 537. + +Corea, Pablo Antonio, 537, 539. + +Cork, Ireland, 357, 360, 361, 369-372, 376, 377. + +Cork Island, 117. + +Cornbury, _Gov. Lord_ (Edward Hyde), 277 n. + +Corn drink, 95. + +Cornelisse, Jan, 47. + +Cornelisz, Albert, 15, 16. + +Cornelius, _Capt._ John, 306. + +Coroner, 300. + +Correa, Antonio de, 561, 562, 564, 566. + +Corsellis, Nicholas, 46. + +Coruna, 61, 65, 154, 155, 165. + +Cory, William, agreement, 463-465. + +Court of Assistants, _see_ Massachusetts, Court of Assistants. + +Court of Wards, 252. + +Couwenhoven, Jacob Wolfertsen, 9-11. + +Couwenhoven, _Capt._ Pieter, 463 n, 465 n. + +Coward, William, piracy case, 145-146. + +Cowes, Henry, 25. + +Cox, _Capt._ John, Mass., 47, 48. + +Cox, _Capt._ John, buccaneer, 103, 118. + +Coxon, _Capt._ John, chief commander of buccaneers, in attacking +Portobello, 84-91; + on the Isthmus, 92, 93, 95, 97; + at Panama, 98; + deposed, 100. + +Crab Island, W.I., 196, 257, 258; + _see also_ Vieques. + +Crane, _Capt._ Gilbert, 25. + +Cranston, _Gov._ Samuel, 241, 285, 321, 346, 347. + +Craven, _Gov._ Edward, 290 n. + +Craven, _Lord_ (William Craven), 286. + +Crawford, _Earl of_, 253 n. + +Crawford, George, 163, 164. + +Cregier, Martin, 9-11. + +Crew, _Capt._ John, 573 n. + +Crisp, Richard, 152. + +Cromie, William, 369, 370. + +Cromwell, Oliver, 406 n. + +Crumsty, _Capt._ Andrew, 296. + +Crute, Capt., 277. + +Cul-de-Sac, Haiti, 471. + +Cullam, John, 495. + +Culliford, _Capt._ Robert, pirate, 198, 199, 201, 203, 209, 210. + +Cunliffe, Foster, 468. + +Cunningham, David, 345 n. + +Cunningham, _Capt._ George, 391. + +Curacao, 143 n, 257 n, 515; + Bolton and, 245, 246, 249; + governor, 473 n, 481; + Kidd and, 204, 211, 230, 231; + _Princess of Orange_ and, 480, 483, 484, 488, 490. + +Curacao Dick, negro, 385 n. + +Currency, colonial, 391 n, 393 n, 429 n, 430 n, 516 n, 535 n. + +Currin, Humphry, 163, 164. + +Cushing, John, 324, 338. + +Cuthbert, _Capt._ William, _Fortune_, 287, 289. + +Cuthbert, William, gunner, _Charles the Second_, 190 n, 240. + +Cutler, _Mr._, 292, 299. + +Cutler, John, surgeon, 240. + +Cuttle, Maurice, 170. + +Cutts, Richard, 32. + + +"D., W.," narrative of buccaneering, 84 n, 132 n. + +_Dageroed_, bill of health, 569-571. + +Dalheu, _Capt._ Pierre, 503 n. + +Dalton, _Sir_ Cornelius N., _The Real Captain Kidd_, 202 n. + +Dame, M., 386. + +Damen, Jan Jansen, 9-11. + +Dampier, William, _New Voyage around the World_, 84 n, 92 n, 113 n, 117 n. + +_Danae_, H.M.S., 577, 580. + +Danckaerts, Jasper, 182 n. + +Danforth, Samuel, 498. + +Danforth, Thomas, 71, 138. + +Daniel, _Col._ Robert, 290. + +Daniel, William, 249 n. + +Danish West Indies, _see_ St. Croix, St. John, St. Thomas. + +Dann, John, 153, 171 n, 174 n; + examination, 165-171. + +Danson, John, 286. + +Darien, 87, 92; + Scottish colony at, 93 n, 231. + +Darley, Henry, 3. + +Darlies Fort, 6. + +Darrancette, _Mons._, 502. + +Darvar, _Capt._, 277. + +Darvell, Jo., pirate, 142. + +Davenport, Addington, 153. + +David, Caleb, 543, 561, 562, 564, 565. + +Davis, Arthur, pirate, 142. + +Davis, Caleb, _see_ David. + +Davis, _Capt._ Edward, 113 n. + +Davis, Edward, boatswain, 239, 257 n. + +Davis, _Capt._ Howel, 316 n. + +Davis, Thomas, 299; + trial, 307-309; + memorial, 309-311. + +Davis, William, petition, 311. + +Davidson, _Sir_ William, 35, 38; + power of attorney from, 44-46. + +Davison, mate, 387. + +Davison, _Capt._ John, 277. + +Davison, Nicholas, 25 n. + +Dawes, _Capt._ Philip, 287, 289. + +Dawson, Joseph, 174. + +Dead-eyes, 59. + +Dead Man's Chest, island, 294 n. + +Deane, Lawrence, 160. + +Deane, Samuel, 287, 289. + +Dechonse, Haiti, 472. + +Decree, of vice-admiralty judge, 439-442. + +_Defiance_, privateer (1), 514 n. + +_Defiance_, privateer (2), 581 n. + +De la Court, P., 364. + +Delake, John, 373, 374. + +DeLancey, _Chief-Justice_ and _Lieut.-Gov._ James, 386 n, 535 n. + +DeLancey, Stephen, 198 n, 217. + +Demesmaker, Johannes, 240 n. + +Dennison, _Maj.-Gen._ Daniel, 18. + +Denmark, treaty with Brandenburg, 235 n. + +Densey, George, 383, 384, 386, 395, 397, 416. + +De Peyster, Abraham, 187. + +De Peyster, Frederic, _Bellomont_, 218 n. + +Deptford, 205. + +Deputies, Massachusetts House of, vote, 25-26. + +Derelicts, 521 n. + +_Dergens_ (?), 47. + +Dering, Henry, 50; + inventory by, 51-61. + +Deseada, 131. + +Detcheverie, _Mons._, 502. + +Devernet, Isaac, 359, 362, 374, 376. + +Devernet, Peter, 359, 362, 374, 376. + +Devin, John, certificates for, 178-180. + +Devon County, Mass., 75 n. + +De Wolf, _Senator_ James, 572 n. + +De Wolfe, _Capt._ Mark Antony, privateer, 572. + +Dias, Vicente, 487. + +Dick ("Curacao Dick"), negro, 385 n. + +Dickson, Thomas, pirate, 142. + +Diego's Point, 90. + +Dike, Gilbert, 136, 137. + +Dipsey-leads, 60. + +_Divino Pastor_, prize, 452. + +Dixon, _Capt._, 375. + +Dixon, Caesar, 423. + +Doane, John, 297 n, 298. + +Doane, Joseph, 298 n, 299, 300. + +Dobbin, William, 371. + +Dobney, Robert, bill, 344. + +Doctors' Commons, 275, 313, 442 n, 452. + +Dodson, _Reports_, 442 n. + +Dollars, 162; + Spanish, 478 n. + +_Dolphin_, privateer, 167, 168. + +_Dolphin_, sloop, 325 n. + +Domas, Juan Baptista, 407, 409, 411. + +Donavan, John, 400. + +Donovan, James, 297, 298. + +Dongan, _Gov._ Thomas, 143, 144. + +Doscher, Peter, Jr., 477; + letter, 480-482. + +Dougall, _Capt._ William (or John), 503 n, 504. + +Douglas, _Capt._ John, commission, 29; + captures by, 30, 31, 33, 34, 38-40; + petition, 41; + plea, 42-44. + +Douglass, William, _Summary_, 391 n. + +Doulteau, _Capt._, 421. + +Dousin, Robert, pirate, 142. + +Dove, Edward, pirate, 142. + +Dowell, Francis, 238. + +Dowell, _Capt._ William, 475 n, 477. + +Dowlas, 467 n. + +Downer, Edmund, 29. + +Downs, The, 205, 250 n, 251 n. + +Drake, _Sir_ Francis, 105, 116. + +Draper, R.I., 320. + +Drest, _Capt._ Flip, 14-17. + +Drew, Charles, 501. + +Drummond, _Capt._ Seth, 473 n, 474, 475, 486. + +Duane, James, 553. + +Dublin, 170; + pink from, 296. + +Dudley, _Gov._ Joseph, 284 n. + +Dudley, Paul, 306; + deposition, 285-286. + +Dufourd, Peter, vice-consul in Teneriffe, 373, 374, 479. + +Duill, John, 114. + +Duke of York Island, 126 n, 131 n. + +Dukley, John, deposition, 20-21. + +Dumaresq, Elias, 357 n. + +Dumaresq, Michael, 363. + +Dumaresq, _Capt._ Philip, 372, 373, 493; + libel, 357-358; + _vs._ the _Amsterdam Post_, prize case, 356-378. + +Dummer, Jeremiah, 151, 242. + +Dummer, _Lieut.-Gov._ William, 305 n, 324, 338. + +Dunaghadee, Ireland, 170. + +Dunbar, William, deposition, 514-515. + +Dunfanaghy, Ireland, 170. + +Dunton, John, _Letters from New England_, 202 n, 205 n. + +Durell, _Capt._ Thomas, R.N., 324, 338. + +Dutch West India Company, 365 n. + +Dwight, J., speaker, 517. + + +_Eagle_, galley, 277 n. + +East Country, 141. + +Eastham, Mass., 297 n, 299, 304. + +East India Company, 190 n, 197, 240, 242, 378 n; + letters to and from, 155-159, 166 n; + petition, 153-155. + +_East India Merchant_, 197. + +Easton, _Gov._ Nicholas, 72. + +Edgecomb, _Capt._, 237, 240, 242. + +Edgcumbe, Richard, 524. + +Edmonds, John H., 291 n. + +Eggleston, Edward, _Transit of Civilization_, 457 n, 458 n, 460 n. + +Egmont, _Lord_ (John Perceval), 543 n. + +Elatson, Jonathan, 153. + +Elderidge, John or Samuel, 400, 401, 407, 416, 417, 418, 425. + +Elderige, John, 199. + +_Elenora_, 247. + +Eleuthera, island, 169. + +Elias, _De Vroedschap van Amsterdam_, 365 n. + +_Elinor_, 145 n. + +Elizabeth, queen of Bohemia, 6 n. + +_Elizabeth_, privateer, 499. + +_Elizabeth_, prize case, 514-515. + +_Elizabeth_, schooner, 400. + +Elizabeth City County, Va., 269 n. + +Elizabeth River, Va., 264. + +Elliot and Dowson, _History of India_, 156 n. + +Ellis, Welbore, 567. + +Elston, John, 171 n. + +Emerson, Ralph Waldo, _Journal_, 292 n. + +Emott, James, 202, 214, 215, 220. + +Endicott, _Gov._ John, 18, 19. + +Enfield, _History of Liverpool_, 468 n. + +English, Robert, 199. + +_English Historical Review_, 2 n. + +Ensign, 55, 64, 91, 274; + _see also_ Flags. + +_Ermine_, 137 n. + +Esmit, _Gov._ Nicholas, 133 n. + +Espinosa, _Capt._ Bernardo, 437, 438. + +Essex, _Capt._ Cornelius, buccaneer, in attack on Portobello, 84-86, 90. + +_Essex Prize_, 260 n, 266 n, 269, 273. + +_Essex Quarterly Courts_, _Records_, 14 n, 19 n, 26 n. + +Estavie, Andrew, negro, 411. + +Estrada, _Don_ Pedro de, 399, 407, 409. + +Estrades, _Marshal d'_, 83 n. + +Estrees, _Comte d'_, 82, 83. + +Etherington, _Capt._, privateer, 573 n. + +Evance, Steed, and Co., 411, 426. + +Evangelistas, islands, 127. + +Evans, Jonathan, 199. + +Eveleigh, Samuel, 290. + +Everigin, John, 399, 401, 407, 409, 410, 416, 424. + +Evertse, _Capt._ Nicholas, 218 n, 230. + +Every, _Capt._ Henry, piracy case, xiv, 153-188; + declaration, 154; + in the Indian Ocean, 154, 155, 157, 159, 165-169; + in the Bahamas, 169, 172-174, 178-179; + in Ireland, 170; + in England, 171. + +Execution Dock, 190 n, 257, 315. + +Exeter, Eng., 170. + +_Experiment_, 287. + +Exquemelin, A.O., _Bucaniers of America_, 84 n, 99 n. + + +Fajardo, Gaspar, 477 n; + declarations, 485, 487-489. + +Fajardo, Geronimo, 486. + +Falmouth, _Viscount_ (Hugh Boscawen), 567. + +Falmouth, Antigua, 131. + +Falmouth, Eng., 48, 50, 51, 60-65, 67. + +_Fancy_, 154, 160 n, 178, 179. + +Farmar, Jasper, 530 n, 531, 550, 552. + +Farmer, John, 80. + +Farnam, _Capt._, 276, 277. + +Faro, _Capt._ Joseph, 167, 171. + +Farrand, Godfrey Lee, register, 568. + +Fastnet Rock, 368 n. + +Fauque, _Father_ Elzear, 511 n, 513 n. + +Fecleloot (?), P., 365. + +Fenton, Richard, 371. + +Fero, Antoni, 47. + +Fernandez Duro, C., _Armada Espanola_, 562 n. + +Fernandez, Juan, 125 n. + +Fernando Po, 166. + +Ferne, Samuel, pirate, 325, 331, 334, 335, 337, 339. + +Ferrera, Peter Joseph, notary, 478. + +Ferres Bravo, Diogo, 28. + +Ferrow, Joseph, 384, 385, 389, 392. + +_Fidelia_, 239 n; + piratical goods in, 257-259. + +Fielding, Andrew, 385, 386. + +Fillmore, John, 334, 340, 343; + trial, 323-330; + _Narration of the Captivity of_, 323 n, 325 n, 330 n. + +Fillmore, _Pres._ Millard, 325 n. + +Finis Cove, Ireland, 369. + +Firth, _Sir_ Charles H., _Naval Songs and Ballads_, 153 n, 253 n. + +_Fisher_, sloop, 291, 301. + +Fitch, Thomas, 324, 338. + +FitzGerald, Thomas, deposition, 296-298. + +Fizz-gigs, 59. + +Flags, various, 55, 122, 140, 141, 154, 194, 274, 352, 390, 401, 424, +434, 485, 488, 490, 496, 499. + +Flamenco, island, 99 n. + +Fletcher, _Gov._ Benjamin, 167 n, 176 n, 178 n, 181 n, 182 n, 183 n, +214, 238. + +Fletcher, William, 264, 265; + deposition, 262-264. + +Flood, John, deposition, 496-498. + +_Floridana_, 562 n, 563. + +Flotsam, 521 n. + +Flushing, Zeeland, 49, 61, 140. + +Fly boat, 62. + +_Flying Fish_, prize, 525. + +Ford, Gordon L., 453 n. + +Ford, John, 29. + +Ford, Paul L., 454 n, 465 n; + _Journals of Hugh Gaine_, 581 n. + +Foreside, Edward, 160, 161, 163. + +Forest, Joseph, 272. + +Forestaffs, 57. + +Foresyth, _Capt._, 438. + +Forrest, William, pirate, 69, 70, 73 n; + examination, 71-72. + +Fort Dauphin, Madagascar, 180, 181, 182. + +Fort Moosa, 402 n. + +_Fortune_ (1), 180, 186. + +_Fortune_ (2), 287. + +_Fortune of Courland_, 148 n. + +Foss, Zechariah, deposition, 496-498. + +Fowler, Richard, 74 n, 78. + +Fox, _Mr._, 461. + +Fox, Joseph, 47. + +Fox, _Capt._ Thomas, 308. + +_Fox_, privateer, 573 n. + +Foxford, Ireland, 163, 164. + +France, declaration of war against Great Britain, 505 n; + privateers of, 505; + war with Netherlands, 74 n. + +Francis, negro, 385 n. + +Francis, Philip de, _see_ Ybanez. + +Francisco, _Capt._, negro, 399, 402-403, 407-411, 414. + +Francisco, negro slave, 327, 331, 343. + +Frank, Cornelius, 266 n. + +Frankland, _Sir_ (Charles) Henry, 406 n, 413, 414, 426, 428. + +Frankland, _Capt._ Thomas, R.N., 405 n, 406, 412 n, 413, 414, 426, 428, +430. + +Franklin, Benjamin, 473 n, 503 n, 508 n. + +Franklyn, king's proctor, 378 n. + +Franks, Benjamin, deposition, 190-195. + +Frazon, Joseph, 240. + +Frederick William, elector of Brandenburg, 82 n, 138, 139, 235 n. + +Freebody, _Capt._ John, 382-385, 387, 388, 393, 423, 425, 461; + accounts against, 453-461; + agreement, 463-465; + appeal, 443; + letters to, 414, 425-429, 448-450, 451-453. + +Freebody, Samuel, 382. + +Freeman, _Capt._, 426. + +Freeman, Samuel, 300. + +Free negro, 586. + +Fregeno, Regordete, 561. + +French, _Capt._, 206. + +_Friends' Adventure_, 270 n. + +Friends Islands, 86. + +Frisle, Joseph, 384, 395, 397, 416. + +Frisle, William, 384, 395, 397, 416. + +Fryer, Nathaniel, 49-51, 61, 66, 67; + inventory by, 51-61. + +Fryer, Thomas, 415, 416. + +Fuentes, Miguel de, 537. + +Funchal, Madeira, 372. + +Fundy, Bay of, 75, 76, 79, 80. + +Furber, master, 326, 339. + +Fustian, 467 n. + + +Gage, Thomas, _The English American_, 1 n. + +Gaine, Hugh, 581. + +Galapagos Islands, 103. + +Galileo, 335 n. + +Galloon, 55. + +Galway, Ireland, 160-164. + +Ganancho, Juan Antonio, 479. + +_Ganj-i sawai_, 157, 158. + +Garcia, _Don_ Francisco, 537. + +Gardiner, John, of Gardiner's Island, 212, 213, 216, 227, 228; + narrative, 220-223. + +Gardiner, _Mrs._ John, 220 n, 221. + +Gardiner, C.C., _Lion Gardiner and his Descendants_, 216 n. + +Gardiner, Lion, 220 n. + +Gardiner, Robert, of Newport, 243, 244. + +Gardiner, _Lieut._ Thomas, 75. + +Gardiner's Island, 212, 213, 216, 220-223, 227, 228, 236, 237. + +Garravances, 193. + +Gayer, _Sir_ John, 156 n. + +_General Washington_, privateer, 581 n. + +_Gentleman's Magazine_, 449 n, 485 n. + +George I., act concerning piracy, 324; + act concerning privateers, 347 n; + proclamation, 315. + +George II., acts concerning privateers on prizes, 355, 396 n, 408, 432, +441, 442 n; + commissions, 516-523, 577 n; + instructions to captains of privateers, 347-354. + +George III., commissions, 577 n. + +George, _Prince_, of Denmark, lord high admiral, 275. + +_George_ (1), 272. + +_George_ (2), privateer, 473 n, 474, 477, 486, 488, 490, 491, 503 n, 504. + +Georgia, _Colonial Records_, 404 n, 537 n, 543 n. + +Georgia Historical Society, _Collections_, 399 n. + +Gerritsz, Pieter, 47. + +Gibbs, George, marshal, 576. + +Gibens, William, 34. + +Gibraltar, 361, 362. + +Gibson, _Capt._, 165. + +Gidley, _Mr._, 387. + +Gilbert, _Capt._ John, Bristol, 311. + +Gilbert, _Mrs._ Mary, innkeeper, 345. + +Giles, Henry, 341, 343; + trial, 330-338. + +Gilespy, Henry, pirate, 315. + +Gillam, James, pirate, 201, 237-240, 242-244, 250 n. + +Gillmore, John, 384, 394, 416, 422. + +Giotte, William, 41. + +Glas, George, _Description of the Canary Islands_, 373 n. + +Glasby, Harry, pirate, 315 n. + +Glasgow, 508. + +_Glasgow_, sloop, 336. + +Glen, _Gov._ James, 518. + +Glen, _Capt._ Thomas, 346. + +Gloucester County, Va., 260. + +Glover, Farmer, 161, 163-165. + +Glover, John, 18. + +Glover, _Capt._ Richard, pirate, 175, 176, 183, 184, 185, 400. + +Glyn, _Capt._ Thomas, 309. + +Golden Islands, 86, 91, 92. + +Golfo Dulce, 118, 121-123. + +Gonis, Antonio, 537. + +Goodell, A.C., 278 n. + +_Good Hope_, 147-152. + +Goodmans, Walter, 400. + +_Good-will_, schooner, 328. + +Gookin, Daniel, 18, 71. + +Gordes, Juan, 487. + +Gording, John, 372. + +Gorgona island, 103-105, 117, 122. + +Gorham, _Capt._, 299. + +_Gosport_, H.M.S., 577, 580. + +Gouch, Ralph, 385, 395, 397, 406, 416. + +Goulding, _Rev._ Richard W., xvi, 245 n. + +Gourdon, John, 3. + +Governor's Island, Boston, 345 n. + +Grabs (_gurab_), 176. + +Graeme, James, admiralty judge, 518 n. + +Graham, James, 144, 188, 216. + +Grand Canary, 357, 360, 373 n. + +Granshon, _Mr._, 472. + +Grant, Peter, 74 n, 79. + +Granville, _Earl_ (John Carteret), 567; + _see also_ Carteret. + +Gras, Francisco, 487. + +Gravenraedt, _Capt._ Andreas, 199. + +Graves, _Capt._, 316, 317. + +Great Awakening, 428 n. + +Great Island, N.H., 48. + +Greek merchants, 207. + +Green, _Capt._, 414, 426. + +Greenshaw, John, 429. + +_Greenwich_, H.M.S., 573 n. + +Gregerie Bay, 132 n. + +Gregory, John, 395, 413. + +Grenada, W.I., 317. + +Grey, _Gov._ Ralph, 236 n. + +Gribble, Walter, 246. + +Gribble, William, 212. + +Griffin, John, pirate, 142. + +Griffin, Robert, 431. + +Griffith, John, 384, 394, 397, 416. + +Grigg, John, 422 n. + +Grigg, Thomas, 395, 416. + +Gross, Richard, 66. + +Groyne, The, _see_ Coruna. + +_Guarda costa_, 246. + +Guarlen, Juan, 112 n. + +Guayaquil, 101, 105, 106, 123. + +Guiana, British and Dutch, 511 n. + +Guinea, 185, 200, 258, 270, 316, 378 n. + +Guineas, 161 n. + +Guise, David, 487. + +Guittar, _Capt._ Louis, pirate, 267 n, 274. + +Guitierres, Diego, notary, 555. + +Guitierres, _Lieut.-Gov. Don_ Francisco, 554. + +Gullock, _Capt._ Thomas, 242. + +Gunner's stores, list, 470-471. + +Gurnet, The, 258. + +Gwinn, Nathaniel, 415, 416, 418. + + +Hacke, _Capt._ William, 124 n; + _Collection of Original Voyages_, 85 n. + +Hackshaw, 217. + +Haddaway, Thomas, 400. + +Haddock, _Capt._, 68. + +Haddon, _Capt._ Richard, 530 n, 536-542, 544-554, 556-559, 568; + libel, 529-533. + +Haddon, William, deposition, 556-559. + +Hadle, James, 429. + +Hadsall, _Capt._ Charles, deposition, 39. + +Hale, _Rev._ Edward Everett, 226 n; + _New England History in Ballads_, 253 n. + +Hall, John, 111. + +Hall, Joseph, 369, 370. + +Hall, Thomas, Amsterdam, 366. + +Hall, Thomas, buccaneer, 107. + +Hallamore, John, pirate, 142. + +Halsey, _Capt._ John, 285. + +Hamburg, 186 n. + +Hamilton, Alexander, _New Account of the East Indies_, 156 n. + +Hamilton, Andrew, admiralty judge, 474. + +Hampton, Va., 271; + _see also_ Kiquotan. + +Hannibal, 200. + +_Happy Entrance_, 19 n, 26. + +Harding, Abiel, 300. + +Harding, _Capt._ Robert, 17, 24-26. + +Harding, Samuel, Cape Cod, 299, 300. + +Hardy, _Gov. Sir_ Charles, 529 n, 547. + +Hargrave, Francis, _State Trials_, 153 n, 190 n, 209 n, 210 n, 251 n, +254 n. + +Hargrave, _Lieut.-Gen._ William, 363 n. + +Harley, Robert, speaker, Kidd's letters to, 250-253. + +Harradine, Andrew, 323 n, 328, 329, 333, 336, 339, 343. + +Harress, Daniel, 34. + +Harriman, Jeremiah, _Revenge_, 392, 394, 400, 405, 416, 424, 428, 433, +437, 438, 445, 446, 453; + deposition, 434-436; + marriage, 439 n; + orders to, 401. + +Harrington, _Lord_ (William Stanhope), secretary of state, 354. + +Harris, Henry, deposition, 48. + +Harris, T.M., _Oglethorpe_, 543 n. + +Harris, _Mrs._, 448, 449, 450, 453. + +Harris and de Villiers, _Storm van 's Gravesande_, 512 n. + +Harrison, _Capt._, 269. + +Harrison, of Jamaica, N.Y., 222. + +Harrison, Benjamin, sr., "of Surry," 267 n. + +Harrison, Benjamin, jr., "of Berkeley," letters to Nicholson, 267-268. + +Harrison, Francis, admiralty judge, 518 n. + +Harrison, Samuel, 272. + +Harrison, _Pres._ William Henry, 267 n. + +Harriss, John, 461. + +Harriss, _Capt._ Peter, buccaneer, 90, 92, 93, 99, 100. + +Hart, Charles, 287, 289. + +Hartsinck, Jan Jacob, 364. + +Haskell, _Capt._, 325 n. + +Haszard, Robert, jr., agreement, 463-465. + +Hatchwell, _Capt._, 35. + +Hatton, merchant, 206. + +Havana, 134, 420, 422 n, 423, 472, 531 n, 539, 542. + +_Hawk_, privateer, papers, 494-502. + +Hawkins, _Capt._, 170. + +Hawthorne, Nathaniel, _Twice Told Tales_, 226 n. + +Hay, _Sir_ George, admiralty judge, 465 n, 530 n. + +Hayes, Adam, 266. + +Hayes, James or John, 415, 416, 417, 418, 425. + +Haymas, Andrew, 487-491. + +Haynsworth, Samuel, pirate, 142. + +Hazard, _see_ Haszard. + +Hazeltine, Harold D., _Appeals from Colonial Courts_, 443 n. + +Heath, William, pirate, 142. + +Heckfield, Eng., 200. + +Hedges, William, _Diary_, 154 n. + +Henderson, Mihill, 41. + +Henderson, Samuel, 395, 416. + +Hendricks, Richard, 129. + +Hening, W.W., _Statutes of Va._, 261 n. + +Henkes, P., 365. + +Henlyne, Andreas, 230. + +Henrietta, island, 2. + +Henry, Alexander, 384, 394, 396, 397, 416. + +Henry VIII., act concerning piracy, 143 n, 145, 146, 286 n, 287, 288, 290. + +Hermon, _Capt._, 33. + +Herrman, Augustin, 11, 12. + +Herry, Fyck, affidavit, 14-17. + +_Hertford_, privateer, 572. + +Heul, Hendrick van der, 222 n. + +Hewetson, _Capt._, 190 n. + +Heyman, Peter, 274. + +Higgins, William, 384, 394, 416. + +Higginson, John, 217 n. + +Higuey, river, 247, 249. + +Hill, Edward, admiralty judge, 271. + +Hill, John, 34. + +Hill, Matthew, deposition, 20. + +Hill, Samuel, register, 523. + +Hill, _Capt._ William, 200. + +Hiller, Joseph, register, 324. + +Hilliard, John, 111. + +Hillock, Stephen, 501. + +Hispaniola, 294, 419. + +_Historical Magazine_, 474 n. + +Historical Manuscripts Commission, 250 n; + _see also_ Portland MSS. + +Hispaniola, 469, 473 n; + suggestions as to plundering, 471-473. + +Hodgkins, William, 501. + +Hog Island, Bahamas, 405. + +Holbrook, Samuel, deputy secretary, 517. + +Holdernesse, _Earl of_ (Robert D'Arcy), secretary of state, 535 n, 548, +551. + +Hollandsworth, _Capt._, 160. + +Holliday, Adam, 501. + +Holmes, John, 383, 384, 386, 395, 397, 416. + +Holmes, Nicholas, chirurgeon, 456. + +Holmes, Oliver Wendell, 358 n, 413 n. + +Holmes's Hole, 337. + +_Holy Ghost_, prize case, 17-26. + +Holyhead, 170. + +Holywood, Ireland, 506. + +Homans, John, bond, 443-444. + +Honduras, 84; + Bay of, 294 n, 346. + +Honeyman, James, 461. + +Hoof, Peter Cornelius, pirate, trial, 303-306. + +"Hope Point," 315. + +Hopkins, Caleb, 293. + +Hopkins, _Gov._ Stephen, "Signer," letter, 575-576. + +Horcasitas, Juan Francisco Guemes y, viceroy, 420 n. + +Hore, _Capt._ John, pirate, 176, 185, 186, 187, 238, 243. + +Hornigold, _Capt._ Benjamin, pirate, 293, 294. + +Horre, John, 41. + +Horseshoe, The, Chesapeake Bay, 265. + +Horseshoe, The Nantucket, 291 n. + +Horsmanden, Daniel, _Journal of the Proceedings in the Detection_, etc., +385 n. + +Horton, Samuel, 300. + +Houblon, _Sir_ James, 165, 174. + +Houblon, _Sir_ John, 174, 188. + +Hough, _Hon._ Charles M., circuit judge, xvi, 530 n, 573 n, 586 n. + +House of Commons, 250-253. + +How, _Capt._, 207, 208. + +Howard, _Capt._ Charles, 136, 137. + +Howard, _Capt._ Thomas, R.N., 287, 289. + +Howchen, Jeremiah, 26. + +Hubbard, _Capt._, 419. + +Huckens, Thomas, 34. + +Hudson, James, 495, 498. + +Huffam, _Capt._, 329. + +Hughson, John, 385 n. + +Hughson, S.C., _Carolina Pirates_, 286 n. + +_Humming Bird_, privateer, 388-391. + +Hunt, _Capt._ Robert, 7. + +Hunter, John, deposition, 37-39. + +Huntington Bay, L.I., 382. + +Hutchinson, _Capt._ Edward, commission, 32-33. + +Hutchinson, Eliakim, 498. + +Hutchinson, _Gov._ Thomas, 324, 338; + _History of Massachusetts_, 81 n, 449 n. + + +Ignoramus, 152 n. + +Illinois country, French in, 529 n, 559. + +Ilo, 109 n, 115, 116; + bay of, 108. + +Impressment of seamen, 449. + +Inagua Island, 420. + +Independence Hall, 474 n. + +_Indian King_, 272. + +Indians, of the Isthmus, 93-96, 98. + +Ingols, _Capt._ Robert, 301. + +Inhibition, 454 n. + +Interrogatories, Standing, 525-529. + +_Invencible_, Spanish man-of-war, 420 n. + +_Invencible_, Spanish privateer, prize, 423-427, 434, 435, 452. + +Invoice, _Princess of Orange_, 482-483. + +Ipswich, Mass., 175 n. + +Iquique, 113 n. + +Ireland, letters from, 160-165. + +Irishmen, and Roberts, 315 n. + +Irons, 516. + +_Isaac_, 160. + +Isham, Edward, advocate general, 356. + +Isla de Canos, 118. + +Isla de la Plata, 135, 137. + +Isla del Gallo, 104, 122. + +Isla de Oro, 86 n. + +Isla de Perros, 119, 120. + +Isla de Pinos, _see_ Isle of Pines. + +Isla de Plata, 103, 104, 105, 106, 117. + +Isla Fuerte, 86. + +Isla Iguana, 98. + +Isla Maje, 98 n. + +Isla Solarte, 90. + +Isle of Dogs, 119, 120. + +Isle of Pines, 85, 86, 294, 303-304, 532 n, 544. + +Isle of Wight, _see_ Gardiner's Island. + +Isle of Wight County, Va., 262 n. + +Isles of Shoals, 278 n, 328. + +Ispahan, letter from, 159. + +Issa Cooley, 158. + +Itimad Khan, 157. + +Ivemay, Charles, trial, 330-338. + +Izard, Ralph, 287, 289. + + +Jack, 55, 91, 274, 352, 390, 401; + _see also_ Flags. + +Jackson, William, 385, 386, 395, 406, 416, 425. + +_Jacob_, 182 n. + +Jacobs, _Capt._ Cornelius, 186. + +Jamaica, 84, 141, 181, 190, 196, 537; + prize sloop from, 387. + +James II., 40, 143. + +James, Robert, _Dictionary of Medicine_, 457 n. + +_James_, 165. + +James City County, Va., 262. + +James River, 265. + +Jamestown, Va., 268. + +Janse, George, mate, 367. + +Jardines del Rey, 426, 434 n. + +Jaw, David, 343. + +Jayme, Andrew, 485. + +Jeers, 56. + +Jekyll, John, 324, 338. + +Jenkins, _Sir_ Leoline, admiralty judge, 133, 134 n, 440 n, 442 n. + +Jennings, _Col._ Edmund, 262. + +Jennings, James, 415, 416, 418, 425. + +"Jeremiah's Gutter," 293 n. + +Jesuits' bark, 294 n. + +Jetsam, 521 n. + +Jiddah, 157, 158, 159. + +Jodrell, clerk, 251 n. + +Johanna, island, 154, 155, 166, 167, 378 n; + Kidd at, 192, 193, 197, 200, 206. + +John, Indian, 310. + +_John and Mary_, ship, prize, 346. + +_John and Rebecca_, 176, 185. + +Johnson, _Capt._, of Maryland, 277. + +Johnson, Charles, _General History of the Pyrates_, 141 n, 144 n, 153 n, +166 n, 285 n, 293 n, 314 n, 315 n, 316 n, 317 n, 319 n, 323 n, 328 n, +329 n, 332 n, 337 n. + +Johnson, Christopher, 140, 141. + +Johnson, Halligert, 34, 41. + +Johnson, Henry, petition, 501-502. + +Johnson, _Sir_ John, 386 n. + +Johnson, John, Boston, 186. + +Johnson, John, Flushing, deposition, 48; + examination, 61-62. + +Johnson, Thomas, 171. + +_Johnson_, prize snow, 581 n. + +Johnston, George, 369, 370. + +Jones, John, petition, 492-494. + +Jordan, John, interpreter, 476. + +Joseph, negro, 392, 416, 417. + +_Joseph and Mary_, prize and privateer, 474 n, 477 n. + +Joyner, of Bermuda, 206. + +Juan, _Capt._, 111. + +Juan Fernandez Islands, buccaneers at, 111-113; + Indian marooned on, 113 n, 125. + +Judson, Randolph, 74 n, 78. + +Jury-masts, 263. + +Justaucorps, 53. + +Juxon, _Archbishop_ William, 285 n. + + +Kanseboom, Pieter, 365. + +_Katherine_, 183. + +Kattur, _Capt._ Alexander, 503 n, 504. + +Kazim Khan, 158. + +Kelly, Daniel, pirate, 142. + +Kelly, James, 239. + +Kempe, William, advocate general, 536. + +Kendall, _Col._ James, 188. + +Kennedy, Irishman, 315 n. + +Kennicott, _Dr._ Benjamin, _Collation of Hebrew MSS._, 536 n. + +Kennott, _Mr._, 473. + +Kerby, Samuel, negro, 384, 395, 397, 416. + +Kerry, Margaret, 385 n. + +Key, Willem de, 9-11. + +Khafi Khan, 156 n, 157 n. + +Kidd, _Capt._ William, xiv, 180 n, 186 n, 315; + case, 190-257; + history, 190; + in the Atlantic, 191, 205, 206; + in the Indian Ocean, 192-195, 197, 198, 202, 203, 206-211, 250, 251, + 254-256; + in the West Indies, 195-196, 203-204, 211-212, 230-231, 232-236, 245-249; + on Gardiner's Island, 202-205, 212-215, 220-223, 225, 236; + prisoner at Boston, 214-217, 225-232, 236-237; + prisoner in London, 250-253, 257; + execution, 257; + narrative, 205-213; + declaration, 236-237; + letters to the Speaker of the House of Commons, 250-253; + _Captain Kid's Farewel_, 253-257. + +Kidd, Sarah, 240, 241; + letter, 223-224; + petitions, 218, 219, 224. + +Kieft, _Gov._ Willem, 9, 10. + +Kimball, Gertrude S., _Correspondence of the Colonial Governors of Rhode +Island_, 383 n, 575 n; + _Correspondence of William Pitt_, 529 n, 535 n. + +King, Francis, pirate, reprieved, 284. + +King, Henry, declaration, 64-66; + petition, 50, 51. + +King, John, 181. + +King, William, 461. + +King's Bench, 378 n. + +Kingston, _Capt._, 293. + +Kingston, Jamaica, 537, 541. + +Kinnoull, _Earl of_ (Thomas Hay), 567. + +Kip, Jacob Hendricksen, 14-17. + +Kip, _Bishop_ W.I., _Historical Scenes from the Old Jesuit Missions_, +511 n. + +Kipp, William, deposition, 510-512. + +Kiquotan, Va., 259, 262, 270. + +Kittredge, George L., 253 n. + +Knott, _Capt._ Andrew, pirate, 186, 224, 238-241. + +Knowles, _Vice-Adm._ Charles, 541 n. + +Knowles, Edward, 300. + +Koenigsberg, 139. + +_Kriegsgeschichtliche Einzelschriften_, 138 n. + + +La Condamine, _Relation Abregee_, 511 n. + +Lacour-Gayet, _Marine Militaire de la France_, 573 n. + +_La Garce_, privateer, 9-17. + +Lagardien, _Mons._, 586 n. + +_La Genereuse_, 421. + +Lagerboom, _Capt._ Peter, 570. + +La Guayra, Venezuela, 507, 509. + +Laguna, San Cristoval de, Teneriffe, 485. + +Lambert, John, pirate, execution, 278-284. + +Lambeth, pilot, 310 n. + +Lameste, 41. + +Lamont, William, 212. + +Lancaster County, Va., 260. + +Lancy or Lency, William, 330, 333, 334, 341-343. + +_'s Landswelvaren_, privateer, 48, 49, 61. + +Lane, _Capt._ John, 302. + +Langoe, _Capt._, 391. + +La Paix, piracy case, 259-275. + +La Palata, _Duke of_, _see_ Navarra y Rocaful. + +Larimore, _Capt._ Thomas, 152. + +Larne, Ireland, 507. + +La Roche au Picolet, Haiti, 472. + +L'Arbtibonite, Haiti, 471. + +Lasen, Albert, pirate, 142. + +Lassen, Isaac, Indian, 325, 339, 341, 342; + trial, 330, 338. + +Lasts, last money, 364, 365. + +Latitude, 528 n. + +Laugardiere, _see_ Lagardien. + +_Launceston_, H.M.S., 577, 580. + +_Laurel Tree_, case, 440 n. + +Laville, negro, 586. + +Lawrence, John, 144. + +Laws, master, 334. + +Laycock, _Capt._, 242. + +Leal, Christo., notary, 555. + +Lebous, _Capt._ Louis, pirate, 293, 294, 303, 304, 306, 307, 309-310. + +Lechmere, Thomas, 324, 338. + +Lecire, Rodier and, 480, 482, 484. + +Le Coutre, Michael, 315. + +Lee, collector at Galway, 162, 163. + +Lee, Thomas, Boston, 423, 428, 432, 433, 443, 454. + +Leech-lines, 56. + +Leeward Islands, president and council, letter from, 195-196. + +Legan, 521 n. + +Leighton, 179. + +Leishman, Andrew, 501. + +Leisler, Jacob, 144. + +Le Maire, Straits of, 128. + +Leogane, Haiti, 420, 421, 471. + +Leon, Antonio, affidavit, 14-17. + +Les Cayes, Haiti, 472. + +Lesson, _Capt._, 91. + +Let-pass, 361 n, 365. + +Letterkenny, Ireland, 170. + +Letters of marque, x; + _see also_ Commissions. + +_Lettres Edifiantes et Curieuses_, 511 n. + +Leverett, _Gov._ John, 62, 67, 70. + +Leverton, _Rev._ Nicholas, 6 n. + +Le Vieux Bourg, Haiti, 472. + +Lewin, Henry, pirate, 142. + +Lewis, Jonas, 63. + +Lewis, _Capt._ Thomas, privateer, 572. + +_Lewis Joseph_, prize case, 502-506. + +Ley, _Mons. de_, 200, 201. + +Libel, xii; + _La Paix_, 271-272; + _Amsterdam Post_, 357-358; + _Princess of Orange_, 474-476; + _La Virgen del Rosario_ (Haddon's libel), 529-533, + (Ybanez's), 542-553. + +Library of Congress, 453 n. + +Lifts, 56. + +Lightfoot, Robert, 413, 426. + +Lightwood, Ellis, 179, 180. + +L'Ile a Vache, Haiti, 472, 473. + +Lima, 100, 106, 107, 123, 124, 135. + +Limena, mulatto, 510. + +Linan, _Archbishop Don_ Melchor de, viceroy, 101 n, 107 n. + +Lincoln, C.H., _Correspondence of William Shirley_, 516 n. + +Lincourt, _Capt._ Cornelius de, privateer, 46-49, 61, 64. + +Liparan, island, 167. + +Lisbon, 68, 73; + ship from, 390. + +_Lisbon Merchant_, 137 n. + +Little, _Mr._, 292, 299. + +Little, Robert, 384, 394, 416. + +_Little Barkley_, _see_ _Barkley_. + +Liverpool, 468 n. + +Livingston, Robert, 190 n, 214 n, 215, 216, 250, 251. + +Loa, bay and river, 116 n. + +Lobos Islands, 117 n. + +Logan, George, 290. + +Londonderry, Ireland, 170. + +Long Island, Bahamas, 295. + +Long Island, N.Y., 150; + pirates on, 189. + +Longitudes, 131 n, 528 n. + +Lopez, _Capt._ Juan, 124, 135, 137. + +Loranzo, _Don_ Francisco, 424, 425, 427. + +Lord, Robert, deposition, 36-37. + +Lords, House of, 442 n. + +Lords Justices, 216. + +Lorenso, Juan, 537. + +Lorentz, _Gov._ Johan, letter to Bellomont, 232-236. + +Lorient, 503, 505. + +Lorriston, George, 247. + +Loud, William, privateersman, petition against, 493, 494. + +Louisbourg, 359 n, 573 n. + +Love, _Capt._, 388. + +Loveday, John, 272. + +Lowther, _Gov._ Robert, 316. + +_Loyal Captain_, 207. + +Lucas, Thomas, notary, 369, 370. + +Lucea, Jamaica, 540, 541, 546, 555. + +_Lucretia_, 39, 40. + +Ludwell, _Col._ Philip, 262. + +Luersen, Carsten, 222. + +Luiza, queen of Portugal, 28. + +Lurten (Lurting), _Capt._ Robert, 272, 273, 274. + +Lusher, Elia., 37, 40. + +Luther, Elisha, 384, 394, 416. + +Lynnhaven Bay, 259 n, 260, 261, 262, 265, 266 n, 273, 274. + +Lyttelton, _Sir_ Charles, 37, 38. + + +Macaulay, _Lord_, 231 n. + +Machias, Maine, 76, 79, 80. + +Mackay, _Baron_ Aeneas, 360 n. + +Mackay, _Capt._ Aeneas, 357, 359, 361-363, 371-374, 376, 377; + certificate, 367; + extracts from journal, 368, 370; + lease to, 366; + let-pass, 365; + oath as burgher, 366; + protest, 369-370; + sea-letter, 364. + +Mackon, James, 384; + _see also_ Magown. + +Mackonochie, Alexander, deposition, 296-298; + testimony, 303. + +Macouria, Guiana, 511. + +Madagascar, piracy and privateering at, 149, 150, 166, 175, 177, 202-204, +212, 213, 217, 242, 257 n; + Kidd at, 190 n, 197. + +Madeira Islands, 147, 191, 360-363, 376, 377, 482, 483; + Kidd at, 197, 206. + +Madras, 207. + +_Madras_, 197. + +Magellan, Straits of, 109, 122, 127, 128, 136, 137. + +Magellona, 197. + +Maggott, _Capt._ Thomas, buccaneer, 85, 92. + +Magown, James, 395, 396, 397, 416; + _see also_ Mackon. + +Maine Historical Society, _Collections_, 302 n; + _Documentary History_, 73 n, 78 n, 79 n. + +Maio, Isle of, _see_ May. + +Makemie, _Rev._ Francis, 265 n. + +Makennie, _see_ Makemie. + +Malabar, 207, 208, 255; + ship from, 194. + +Malacallo, Antonio, 537. + +Malacca, Straits of, 177, 178. + +Malaga, 61. + +Malvasia (malmsey wine), 482, 483, 484. + +Man, Joseph, deposition, 273-275. + +Mandeville, _Viscount_ (Edward Montagu), 3. + +Mangalore, 175. + +Manning, _Capt._ George, 78. + +Mansfield, _Lord_ (William Murray), 567. + +Manzanillo, 538, 542, 554. + +Marblehead, Mass., 278 n, 302; + ship, 389. + +Marero, Marcelino, 537, 554. + +Mariegalante, W.I., 190 n. + +Marion, Joseph, deputy secretary, 298, 302. + +Markham, _Sir_ Clements, 128 n, 129 n. + +Markham, _Gov._ William, 153 n. + +Marques, Antonio, 28. + +Marques, Jacobus, 120-121. + +Marriott, Sir James, _Formulare Instrumentorum_, 525 n. + +Mars, privateer, articles of agreement, 581-585. + +Marsden, Reginald G., article, 2 n; + _Law and Custom of the Sea_, 2 n, 252 n, 312 n, 347 n, 361 n, 442 n; + _Reports of Cases, High Court of Admiralty_, 530 n, 567 n. + +Marshall, James or Joseph, 385, 395, 397, 416, 417, 425. + +Marshall, Jarvis, 188. + +Marshall, Chief Justice John, 442 n. + +Marshall, Joseph, _see_ Marshall, James. + +Marshall, _Capt._ Peter, 463, 465. + +Marshall, Ralph, J.P., 175. + +Marston, Nathaniel, 530 n, 531. + +Martha's Vineyard, 436. + +Martin, Abraham, 364. + +Martin, Bartholomew, deposition, 31. + +Martin, Francois, 209 n. + +Martin, Thomas, 41. + +Martines, Bernardo, 537. + +Martinique, privateers at, 42, 276-277, 332. + +_Mary_, brigantine, prize, 326-327. + +_Mary_, privateer, 525. + +_Mary Anne_, pink, 291, 296, 297, 303, 304, 306. + +_Mary Gold_, 247. + +Mascaregne, island, 169, 177. + +Mason, _Capt._, pirate, 177. + +Massa, _Prince of_, _see_ Navarra y Rocaful. + +Massachusetts, _Acts and Resolves of the Province_, 278 n, 320 n, 323 n, +517 n; + agent, 449 n; + archives, documents from, xv, 17-46, 188-189, 218-219, 224, 290-293, + 323-345, 492-502, 516-517; + Court of Assistants, 17-26, 138, + (_Records of_, 70 n, 73 n, 74 n, 145 n); + House of Deputies, 25-26; + _Records_, 26 n, 71 n, 74 n; + Superior Court, 147-152, 179. + +Massachusetts, Colonial Society of, _Publications_, 152 n, 278 n, 285 n, +318 n, 347 n, 413 n. + +Massachusetts Historical Society, _Collections_, 217 n, 278 n, 291 n, +314 n; + documents from, xv, 152-153, 276 n, 378-431, 444-473; + _Proceedings_, 148 n, 226 n, 318 n, 454 n, 465 n. + +Masson, 150. + +Masters, John, 327, 331; + deposition, 329. + +Mather, Rev. Cotton, 240 n; + _Converted Sinner_, 344 n; + _Diary_, 306 n, 344 n; + _Instructions to the Living_, 306 n; + prayer, 280-283. + +Matinicus, island, 302. + +Mauratan, 183, 184. + +Mauricius, _Gov._ Jan Jacob, 512. + +Mauritius, island, 176. + +Maverick, Samuel, 32 n. + +_Maxwell_, privateer, 573 n. + +May, Tulip, 394, 416. + +May, Isle of, 147, 150, 151, 165, 175, 182. + +_Mayflower_, buccaneer's prize barque, 103, 104, 106. + +Mayo, George, 345. + +Maze, William, 218. + +McCrady, Edward, _History of South Carolina_, 211 n. + +McGillicuddy, _Capt._ Dennis, privateer, 581. + +McKeneys, _see_ McKickings. + +McKenley, Duncan, 383, 384, 386; + quartermaster, 392, 393, 394, 397, 416. + +McKenney, Barney or Bryan, 385, 395, 397, 416. + +McKickings, Peter, 395, 397, 416. + +McMullen, _Capt._ Alexander, 506, 508. + +Mecca, 157 n, 159. + +Medicines, bill for, 456-461. + +Mediterranean passes, 360, 363, 376; + receipt for, 373. + +Medrano, _Dr. Don_ Ambrosio de, 560, 562, 563. + +Medrano, _Ensign Don_ Geronimo de, declaration, 560-561. + +Meeres, James, Jr., declaration, 147-149. + +Mehila, island, 206. + +Mekennie, _see_ Makemie. + +Melidoni, _see_ Milidony. + +_Memorias de los Vireyes del Peru_, 101 n, 107 n, 123 n. + +Menzies, Hugh, 315 n. + +Menzies, John, admiralty judge, 305 n, 324, 338; + letter, 318-323. + +Merida, Yucatan, 134. + +Merry, Ralph, deposition, 301. + +Messenmaker, Johan, 240 n. + +Mestizo, 102 n. + +Mestre, _Mr._, 480, 483, 484. + +Mexican, pirates of, 278 n. + +Mexico, 134. + +Michelson, Henry, pirate, 142. + +Michie, James, admiralty judge, commissions, 517-518, 519-523. + +Middelburg, Zeeland, 140. + +Middlesex County, Va., 260. + +Middleton, Arthur, 287, 289. + +Middleton, Philip, 166 n; + affidavit, 171-174. + +Milidony, _Capt._ Juan, 476, 480-483, 486-490; + bill of lading, 483-484; + bill of sale, 477-479. + +Miller, Christopher, privateer lieutenant, 530 n, 538, 540, 557. + +Miller, John, pirate, execution, 278-284. + +Miller, Thomas, 530 n, 531 n, 535, 536, 550, 552, 556; + appeal, 569. + +Minnens, Hugh, 315. + +Minors or Minot, _Mr._, schooner at Newfoundland, 328 n, 340, 341. + +Minot, _Col._ Stephen, 302. + +Mitchell, Thomas, declaration, 74-76. + +Mocha, 156-159, 168, 193. + +_Mocha_, 178, 198 n, 200, 203, 209; + _see also_ _Resolution_ (2). + +_Modern Reports_, 378 n. + +_Modest Enquiry, A_, 240 n. + +Moedes, Antony de, 13, 14. + +Mogul, _see_ Aurangzeb. + +Mohelli, island, 167, 193, 197. + +Mohammedan, pirate turned, 240; + _see also_ Moors. + +Mole-Saint-Nicolas, 421 n, 422. + +Molton, Jeremiah, 501. + +Mompesson, Roger, admiralty judge, 517 n. + +Mona, island, W.I., 204, 211, 233, 235, 246, 247. + +Money, colonial, _see_ Currency. + +Monhegan, island, 302. + +Monition, 454 n. + +Monte Christi, Ecuador, 117. + +Montego, 211. + +Montgomery, _Capt._, 295. + +Montserrat, W.I., 42, 141 n. + +Moone, William, 405, 412, 413, 415, 430. + +Moor, _Capt._, 327. + +Moore, _Lieut.-Gov._ Henry, 541 n. + +Moore, William, 251 n, 254. + +Moors (Mohammedans of India), 168, 169, 176, 181, 183, 184, 197, 203, +208, 225, 255. + +Mora de Sama, 108. + +Morgan, _Capt._, 4. + +Morgan, _Col._ Edward, 39. + +Morgan, Evan, 395, 397, 416. + +Morgan, _Gov. Sir_ Henry, 84 n, 99 n, 100; + letter, 133-135. + +Morrice, _Capt._ John, 36, 37. + +Morrice, _Lieut._ Thomas, 24, 25. + +Morrine, John, pirate, 142. + +Morris, Elizabeth, maid, 219 n. + +Morris, Gouverneur, 529 n. + +Morris, _Capt._ Isaac, 309. + +Morris, _Gov._ Lewis, 529 n. + +Morris, Lewis, admiralty judge, 518 n, 529, 542, 567 n, 569, 573 n, 574. + +Morris, Lewis, "Signer," 529 n, 574 n. + +Morris, Owen, 307. + +Morris, Philip, 400. + +Morris, Richard, admiralty judge, 321 n, 517 n, 529 n, 533, 573 n. + +Morris, Staats Long, 574. + +Mortimer, _Capt._ Robert, 332. + +Moseley, _Capt._ Samuel, 80. + +Mostyn, _Capt._ Thomas, 186. + +Motta, 193. + +Mues, _Capt._ William, 167. + +Mumford, William, 468, 576. + +Munro, Benjamin, deposition, 510-512. + +Munro, W.H., _History of Bristol_, 513 n; + _Tales from an Old Sea Port_, 511 n, 572 n. + +Murphy, Henry C., _Journal of a Voyage to New York_, 182 n. + +Muscat, 175. + +Muslin, 163 n. + +Muster-roll, 361 n. + +Myerhoffer, Henry, 537, 540, 541, 543, 546, 548, 549, 554, 565, 566. + + +Naine, 120. + +Nanfan, _Lieut.-Gov._ John, 197, 228. + +Nansemond County, Va., 262 n. + +Nantasket, Mass., 145 n, 291, 296, 303. + +Nantes, 420, 503, 504. + +Nantucket, sloop, 394. + +Nantucket Sound, 291 n. + +Naos, island, 99 n. + +Narbrough, _Sir_ John, R.N., 135. + +Naskeag, Maine, 75, 78. + +Nason, _Sir_ Charles Henry Frankland, 413 n. + +Nassau, Bahamas, 1 n; + _see also_ New Providence. + +_Nassau_, 182, 198. + +Nassau Island, _see_ Long Island. + +Nauset Island, 297 n. + +Nauset Light, 292 n. + +Naushon, island, 319 n. + +Navarra y Rocaful, _Don_ Melchor de, viceroy, 123, 124. + +Navarette, Antonio, 537. + +Navy Office, 451, 452. + +Negro, certificate of freedom, 586. + +Negro Conspiracy, 385 n. + +Negroes, 180-187. + +Netherlands, Spanish war with, 3 n, 13-17, 19 n; + war with France, 74 n. + +Nevis, 141 n, 142 n; + buccaneers at, 136, 137. + +Newcastle, _Duke of_ (Thomas Holles Pelham), 383. + +_New England Historical and Genealogical Register_, 190 n, 297 n, 329 n, +330 n, 344 n, 345 n. + +Newfoundland, banks, 314; + ship from, 391; + sloop, 389. + +Newgate, 245 n, 253, 256. + +New Hampshire, _State Papers_, 139 n; + vote of council, 139 n. + +New Holland (Maine), 74 n. + +_New Jersey Archives_, 144 n, 556 n. + +Newport, R.I., Trinity Church, 223 n. + +_Newport Historical Magazine_, 581 n. + +New Providence, 1 n, 160-162, 169, 171, 172, 178, 180, 317 n, 401, 425; + _Revenge_ at, 405-415. + +Newton, A.P., _Colonizing Activities of the English Puritans_, 1 n, 2 n. + +New Utrecht, 199. + +Newy, _Capt._ Charles, 252. + +New York Admiralty Court, 143; + documents from, xv, 529-571, 581-586. + +New York City, _Revenge_ at, 383-392; + ships from, 177, 183, 186, 198; + sloop, 213; + surrogate's office, documents from, xv, 141-144. + +New York Colony and State, archives, documents from, xv, 9-17, 187; + _Assembly Journals_, 190 n; + _Calendar of Council Minutes_, 144 n, 222 n, 534 n, 535 n, 548 n; + _Calendar of Historical MSS._, 530 n, 534 n, 581 n, 586 n; + _Colonial Documents_, 182 n, 211 n, 222 n, 277 n, 386 n, 423 n, 529 n, + 531 n; + _Documentary History_, 534 n. + +New York District Court, _see_ New York Admiralty Court. + +_New York Gazette_, 573 n. + +_New York Genealogical and Biographical Record_, 529 n, 581 n. + +New York Historical Society, _Collections_, 219 n; + _Publications_, 529 n, 534 n. + +_New York Mercury_, 556 n, 581 n. + +New York Public Library, 454 n, 465 n; + document from, xv, 346-347. + +Nichols, B.R., _Argument in Peele vs. Merchants Insurance Co._, 347 n. + +Nichols, Jonathan, agreement, 463-465. + +Nichols, Richard, admiralty register, 534, 542. + +Nicholson, _Gov._ Francis, 273, 274 n; + letter to Capt. Passenger, 268-269; + letters to, 264-266, 267-268, 269-270; + orders, 259-262. + +_Nicholson_, 272, 274. + +Nicoll, Benjamin, 573 n. + +Nicolls, William, 144. + +Nicoy, gulf of, 119-121. + +Nieuwebrugsteeg, Amsterdam, 366. + +Night-gown, 429 n. + +Nixon, Samuel, 415, 416, 417, 419. + +Noble, John, article, 347 n. + +Nodal, Bartolome and Gonzalo, 128; + _Relacion_, 128 n, 129 n. + +Noddle's Island, 345 n. + +Noel, Garret, interpreter, 534, 542, 555. + +Noiret, Franssoys, 15, 17. + +Norden, Nathaniel, 324, 338. + +Nore, The, 205. + +Norfolk County, Va., 262 n. + +Norman, Moses, 304. + +North Carolina, _Colonial Records_, 535 n, 548 n; + _State Records_, 409 n. + +Northumberland County, Va., 260. + +Northwood, Timothy, 384, 389, 395, 416, 417, 418, 424. + +Norton, Benjamin, Sr., 318-319, 320. + +Norton, _Capt._ Benjamin, of the _Revenge_, 319, 431-435, 437, 439; + accounts against, 453-461; + agreement, 463-465; + appeal, 443, 444; + commission, 378-381; + instructions to prize crew, 425; + journal of cruise, 381-429 + (sails from Conanicut, 382; + from Sandy Hook, 393; + captures sloop, 399; + at New Providence, 405-415; + captures _Invencible_ and _Sarah_, 423); + letter to owners, 425-429. + +Norton, _Prof._ Charles Eliot, 379 n, 381 n, 471 n. + +Norton, Richard, negro, 384, 395, 416. + +Nottingham, _Earl of_ (Daniel Finch), 276. + +Nowell, Increase, 18. + +Noyes, Oliver, 298. + +_Nuestra Senora de los Dolores y Animas_, privateer, 507, 509, 510. + +Nugent, Robert, 567. + +Nutt, John, pirate, 323 n, 325, 328, 329, 331, 339, 340. + +Nuttall, _Mrs._ Zelia, _New Light on Drake_, 116 n. + +Nymwegen, treaty, 82 n, 84 n. + + +Oates, Titus, 229. + +Obispo, 116 n. + +Ocracoke Inlet, 399, 410. + +Ogle, _Admiral Sir_ Chaloner, 317 n, 363, 469 n. + +Ogleby, James, 384, 394, 397, 416. + +Oglethorp, Richard, 257 n. + +Oglethorpe, _Gen._ James, 402, 404 n, 543 n. + +Old Point Comfort, 265 n. + +Oliver, _Capt._ James, commission, 32-33. + +Oort, John, 218 n. + +Orange, prince of, 5, 15, 16, 78, 79; + _see also_ William III. + +Orchard, _Capt._, 68. + +Orchilla, W.I., 514. + +Orford, _Earl of_, _see_ Russell, _Sir_ Edward. + +Orleans, Mass., 293 n. + +Orr, Patrick, interpreter, 476. + +Orvilliers, _Gov._ d', 511 n. + +Osborn, _Col._ Roger, 42. + +Osnaburgs, 396. + +Oswald, Richard, and Co., 508. + +Otis, Amos, article, 297 n. + +Otis, James, 300 n. + +Otis, _Col._ John, 300. + +Overing, John, 442; + bond, 443-444. + +Oyapoc, Guiana, 511, 512 n, 513. + +Oyster Bay, 214. + +Oyster-pond Bay, 223. + + +Paas, _Capt._ John, 514, 515. + +Paddisson, George, pirate, 142. + +Padilla, Joseph, notary, 375. + +Page, John, 41. + +Paine, Ralph D., _Book of Buried Treasure_, 216 n, 236 n, 251 n, 278 n. + +Palanqui, _Capt._, French privateer, 572. + +Palfrey, John G., _History of New England_, 253 n. + +Pallot, John, 501. + +Palmas, Canary, 373 n. + +Palmer, _Capt._ Benjamin, 409 n. + +Panama, 84; + attack of buccaneers on, 99-101. + +_Pandour_, privateer, 477 n. + +Pane, John, 68. + +Panous, _kh[=o]jah_, 159. + +Paracelsus, plaster of, 457 n. + +Parieveck, _Capt. Don_ Pedro de, 510. + +Parragon, 53. + +Parrott, Hugh, 221. + +Parsons, John, 325. + +Parsons, Joseph, 345. + +Partridge, Richard, colonial agent, 575 n. + +Pasco, _Capt._ John, 392. + +Passenger, _Capt._ William, R.N., 259 n, 265-268, 270, 273, 274; + letter of Nicholson to, 268-269; + libel by, 271-272. + +Passes, French, in Kidd's case, 208, 209, 225, 248, 251. + +Patagonians, 127. + +Pater Vaer, Hendrick Jacobsen, 9-11. + +Patta, 166. + +Patterson, Robert, 423, 429. + +Patuxent River, Md., 62, 65. + +Paul, _Dr._ George, 449, 451, 453, 454, 456; + opinion, 446-447. + +Payne, Henry, trial, 330-338. + +Payne, John, deputy register, 354, 378, 439, 442, 444. + +Payne, Thomas, 240, 241; + letter of Sarah Kidd to, 223-224. + +Payta, 107, 125, 136, 137. + +_Peace_, _see_ _La Paix_. + +_Pearl_, 167. + +Pearl Islands, Panama, 99. + +Pearson, John, 501. + +Pease, of Newport, 320. + +Pedereros, 109 n, 544 n. + +Pedro, negro, 343. + +Pedro Sancho, negro, 411. + +Peewey, John, 501. + +_Peggy_, privateer, 530-534, 536, 541, 542, 544-548, 552, 554, 556-559, +568. + +Pemaquid, Maine, 25, 75, 77, 302. + +Pemberton, _Rev._ Ebenezer, 451 n. + +Pendleton, Brian, 30, 31, 32, 43. + +Pendleton, Samuel, admiralty judge, decree, 450-451. + +Penedo, Rodrigo Francisco, 479. + +Penley, _Capt._, 277. + +_Pennsylvania_, province frigate, 474 n. + +_Pennsylvania Archives_, 474 n. + +Pennsylvania District Court, _see_ Philadelphia Admiralty Court. + +_Pennsylvania Gazette_, 473 n, 503 n, 506 n, 512 n, 530 n. + +_Pennsylvania Magazine of History_, 474 n, 477 n, 504 n, 507 n. + +_Pennsylvania Merchant_, 272. + +Penrice, _Sir_ Henry, letter, 312-313. + +Peralta, _Don_ Francisco de, 99, 100, 105, 107, 110, 111. + +Perdomo, _Capt._ Francisco, 450. + +Pereda, Antonio, 487-489, 491; + declaration, 485, 486. + +Pereda, Estevan, 485, 488. + +Pereira da Cunha, Francisco, 28. + +Peres, Cayetano, 537, 539. + +Perico, island, 99, 101. + +Perim, island, 167 n. + +Perkins, A.T., _Sketch of the Family of Dumaresq_, 357 n. + +Perkins, Samuel, deposition, 175-178. + +Perry, mate, 346. + +Persia, 154, 156. + +Persian Gulf, 185. + +Perwalle, Pierre, 41. + +Petel, Jean, 504. + +Peterson, Erasmus, pirate, execution, 278-284. + +Petit Goave, Haiti, 132, 133 n, 295, 304, 471. + +Petty, _Sir_ William, _Political Anatomy of Ireland_, 163 n. + +Peylton, _Capt._, 277. + +Pezuela, _Historia de Cuba_, 420 n. + +_Pharmacopeia Coll. R. Med. Londinensis_, 457 n. + +Philadelphia, _Memorial History_, 474 n, 508 n. + +Philadelphia, sloop from, 419. + +Philadelphia Admiralty Court, documents from, xv, 473-492, 502-510; + case of the _Princess of Orange_, 473-492. + +Philip, _King_, 81 n, 175 n. + +Philipse, Frederick, 182, 183, 186, 217. + +Philipse, Mary, 182 n. + +Phillips, John (1), pirate, 141 n, 323 n, 325, 328, 329, 331, 334, 339-343. + +Phillips, _Capt._ John (2), 332. + +Phillips, William, pirate, 323 n, 342; + trial of, 330-338. + +Phipps, Spencer, 324, 338. + +Phips, _Gov. Sir_ William, 145 n, 152 n, 186 n. + +Phoenix, Jacob, 222. + +Pickard, pirate, 70. + +Piedsnoirs, _Capt._ Francois, 503-505. + +Piegnon, _Capt._ Jacques, deposition, 502-506. + +Pierre, negro, 332, 343. + +Pietersen, Claes, petition, 138-141. + +Pinckney, _Gov._ Charles, 518 n. + +Pinckney, William, deputy secretary, 518. + +_Pine Tree_, case, 440 n. + +Pinhorne, William, 144. + +Pink, 262 n. + +Pintles, 59. + +Piracy, agreement to commit, 141-142; + commissions for trial, 143-144, 286-290, 577-580; + definition, ix; + famous cases, xiv; + procedure in trials, xiii; + punishment, 217. + +Piscataqua, _see_ Portsmouth. + +Pitt, William, the elder, _Correspondence_, 529 n, 535 n. + +Pittman, _Capt._, 430. + +Pittman, Ezekiel, 501. + +Plains, 55. + +Plantan Key, 98. + +Plumb, _Capt._, 316 n. + +Plummer, _Capt._, 316. + +Plymouth, Eng., 64, 136, 137, 170, 206. + +Plymouth, Mass., 72, 258. + +Pochet Island, 297. + +Pollard, Benjamin, notary, 499, 501; + sheriff, 502. + +Ponce, _Capt._, 422 n, 423, 437. + +Ponce, Antonio, notary, 555. + +Ponsonby, _Capt._ Henry, 277. + +Popple, William, secretary, 232, 243 n. + +Port-au-Paix, Haiti, 573. + +Port-au-Prince, Haiti, 471 n; + privateers at, 571. + +Porteen, _Capt._, 136, 137. + +Porter, _Capt._, 277. + +Portland, _Duke of_, documents from xv; + _see_ Welbeck Abbey. + +_Portland MSS._, 205 n, 219 n, 251 n, 252 n. + +Portledge bills, 51, 486-487. + +Port Louis, Guadeloupe, W.I., 573 n. + +Port Morant, Jamaica, 85, 387. + +Portobello, 84 n, 472; + buccaneers' attack on, 84-92. + +Porto Rico, 196, 245, 246, 258. + +Port Orient, _see_ Lorient. + +Port Royal, Jamaica, 30, 31, 35, 541, 543. + +Portsmouth, N.H., 31, 32, 41, 43, 44, 48-51, 60-63, 66, 67, 72, 139. + +_Portsmouth Adventure_, 167, 168, 169, 171. + +Portugal, brigantine, 327, 331; + privateering commission from, 27-28. + +Portuguese vessels, and Kidd, 194, 207, 255. + +Potter, E.R., and S.S. Rider, _Bills of Credit of R.I._, 391 n. + +Potter, Gideon, 384, 395, 397, 416. + +Potter, Jeffery, Indian, 513. + +Potter, _Capt._ Simeon, 387, 510 n, 511-514, 572 n. + +Prada y Nieto, Diego de, deposition, 508-510. + +Pratt, F.T., _Law of Contraband of War_, 347 n, 442 n. + +Prayer-book, 297 n. + +Press-gang, 390. + +Price, sailor, 392. + +Prince, _Capt._ Laurence, 295, 307. + +_Prince Charles of Lorraine_, privateer, 387 n, 572 n; + papers, 510-514. + +_Princess_, 316 n. + +_Princess Anne_, prize, 277. + +Princess Anne County, Va., 262 n, 266 n, 267. + +_Princess of Orange_ (1), snow, prize case, 473-492. + +_Princess of Orange_ (2), prize, 525. + +Principe, island, 166. + +Privateering, defined, ix; + essential documents, x; + procedure as to prizes, xi, xii, xiii. + +Privateers, accounts, 415, 417; + commissions, 378-381; + instructions, 347-354; + news of, 571-573. + +Privy Council, 451 n. + +Privy Council Office, London, documents from, xv, 153-165, 318-323. + +Prize cases, appeals, xii, xiii, 442, 453 n; + procedure, xi-xiii, 275-276. + +Prize courts, xi, xii, 312-313, 524-525; + for appeals, xii, xiii; + _see also_ Commissioners for Appeals in Prize Causes. + +Prizes, xi, 349-352; + accounts, 412, 534-535; + division of proceeds, 152-153, 396, 416, 417; + recapture, 408, 432, 439-442, 442 n; + warrant to try, 524-525. + +Proctors, 439 n; + accounts, 453-456, 468-470. + +Protest, of Capt. Mackay, 369-370; + of sailors of the _Hawk_, 499-501. + +_Providence_, retaken prize, 46-67; + inventory, 51-61. + +Providence Island, Caribbean, documents, 1-8; + Company of, 1-3. + +Providence Island, Madagascar, 317 n. + +Province House, Boston, 226 n. + +Provisions, on _Revenge_, 384. + +Prussia, _see_ Brandenburg-Prussia. + +Prynne, _Capt._ Nicholas, 62. + +Psara or Psyra, island, 534, 549. + +Public Record Office, London, documents from, xv, 1, 133-137, 165-178, +180-187, 190-196, 200-218, 220-244, 275-276, 285-286, 312-313, 355-356, +573-580. + +Pueblo Nuevo, 101, 103. + +Puerto de Bastimentos, 89. + +Puerto Pee, 88. + +Punta Aguja, 108. + +Punta Espada, 247. + +Punta Santa Elena, 105, 106 n, 117. + +Pym, John, 1 n, 3. + + +_Quedah Merchant_, Kidd's chief prize, 195, 202, 208, 209, 210, 211, +214, 218, 225, 230, 231, 232-237, 246-249, 255. + +_Queenborough_, H.M.S., 196. + +_Queen of Bohemia_, 6. + +Queen's Head Inn, Boston, 258. + +Quelch, _Capt._ John, 152 n; + piracy case, 278-284; + _Arraignment, Tryal, and Condemnation of_, 284. + +Quibo Nueva, 101. + +Quick, Cornelius, 222, 223. + +Quinborough, _see_ Koenigsberg. + +Quintor, Hendrick, pirate, trial, 303-306. + +Quito, 107 n. + + +Raddon, _Capt._ Thomas, 47, 63, 64; + petition, 67. + +Rajpur, 175. + +Rameres, Manuel, notary, 555. + +Rams, Christiaen Pietersen, 9-11. + +Ramsey, William, 392, 416. + +Randolph, Edward, 167 n. + +Raphe, Francisco, 537, 548, 549, 550; + deposition, 533-534. + +Rappitt, Thomas, 495. + +Ratcliff, London, 37. + +Rawson, Edward, secretary, Massachusetts, attests documents, 18, 19, 25, +26, 36, 39, 40, 49, 50, 51, 64, 66, 67, 71, 139, 141. + +Ray, _Esquire_, 170. + +Rayner, _Capt._ Josiah, pirate, 177, 181, 187. + +Read, Ephraim, 395, 416, 417, 419. + +Read, John, 358. + +Read, William, agreement, 463-465. + +Reading, _Capt._ John, 277. + +Red Sea, 156, 167, 169, 178, 182-185, 197, 203, 218. + +Redwood, Abraham, 211 n. + +Reed, _Capt._, 327, 340. + +Reers, _Capt._ Cornelius, 138. + +Remedios, Panama, 101 n. + +Renals, John, pirate, 142. + +Renick, John, 461. + +_Resolution_ (1), 175, 178, 184, 185, 187, 200. + +_Resolution_ (2), 198 n, 200; + _see also_ Mocha. + +Ressell, John, 63. + +Reunion, island, 169. + +_Revenge_ (1), privateer sloop, 378-473; + accounts, 429-431, 461-462; + agreement with the _Success_, 463-465; + appeal case, 442-450, 451-455, 468-470; + commission, 378-381; + journal of cruise, 381-429; + medicines, 457-461; + prize case, _Sarah_, 431-442; + _St. Joseph de las Animas_, 450-451. + +_Revenge_ (2), English privateer, 469. + +Rex _vs._ Broom, 378 n. + +Rhett, Sarah, 406 n. + +Rhode Island, admiralty court, 450-451, 465 n, 469; + archives, documents from, xv, 510-515; + _Colonial Records_, 285 n, 346 n, 382 n, 429 n, 514 n, 575 n, 576 n; + fugitives to, 73, 304; + petition to, 346-347; + pirates in, 189, 240, 241, 243, 244, 319, 578; + pirates of, 176, 201; + privateering commissions, 285-286, 378-381; + vessels, 213, 218, + _see also_ _Revenge_. + +_Rhode Island Historical Tracts_, 576 n. + +Rhodes, John, piracy case of, 74-81. + +Richards, _Capt._ Edward, 525. + +Richards, _Capt._ James (or John), 294, 295, 307, 308, 310. + +Richardson, Ebenezer, 514. + +_Richmond_, H.M.S., 131. + +Richy, _Capt._ 171. + +Rider, S.S., and E.R. Potter, _Bills of Credit of R.I._, 391 n. + +Riggs, _Capt._ Richard, 390. + +Righton, Richard, 415, 416. + +Ringrose, Basil, narrative of buccaneers, 84 n, 92 n, 102 n, 104 n, 109 n, +112 n, 113 n, 116 n, 124 n, 127 n. + +Rio de la Hacha, 245. + +Rio Higuey, 218 n. + +Rio Romano, 218 n. + +Rio Santa Lucia, 101 n. + +Risby, _Capt._, 170. + +Roach, Peter, pirate, execution, 278-284. + +Roberts, _Capt._ Bartholomew, pirate, 141 n, 313-319. + +Roberts, Ben, 371. + +Roberts, Samuel, 301. + +Robinson, Christopher, _Reports_, 440 n, 442 n, 525 n. + +Rochelle, ship from, 421. + +Rochester, Eng., 171. + +Rodier and Lecire, 480, 482, 484. + +Rodriguez, Emanuel, 21. + +Rodriguez, Francisco, declarations, 485, 486, 489-492. + +Rodriguez, Peter, piracy case of, 74-81. + +Rogers, _Capt._, of Bristol, Eng., 316, 317. + +Rogers, Tempest, pirate, 257, 258. + +Rogers, _Gov._ Woodes, 144 n. + +Role d'equipage, 361 n. + +Romney, _Earl of_ (Henry Sidney), 190 n. + +Roncadores, shipwreck on, 5, 6. + +Ronquillo, _Don_ Pedro de, 132 n. + +Rooke, _Adm. Sir_ George, 188. + +_Rosario_, prize of buccaneers, 124, 132 n, 135-137. + +_Rose_, H.M.S., 145 n, 405, 406 n, 414. + +Rotterdam, seal, 571 n. + +Round robin, 249. + +_Rouparelle_, prize, 208. + +Rous, _Capt._ John, R.N., 359, 362, 463 n, 494, 514. + +Row, of Dublin, 315. + +Row, _Capt._ John, buccaneer, 85, 91. + +Royal African Company, 141 n, 144 n, 378 n, 405 n; + _see also_ Royal Company of Adventurers. + +Royal Company of Adventurers, 37; + _see also_ Royal African Company. + +Royo, _Don_ Juan Antonio de, 560. + +Ruggles, John, 249 n. + +Russell, _Capt._, Nantucket, 394. + +Russell, _Col._, Barbados, 183. + +Russell, _Mr._, Massachusetts, 209. + +Russell, Chambers, admiralty judge, 575 n. + +Russell, _Adm. Sir_ Edward, 188, 190 n, 247, 250 n, 252 n. + +Russell, John, 63. + +Russell, Joseph, 512. + +Russell, Richard, 25 n, 71. + +Ryant, John, 388. + +Ryswyk, treaty, 189 n, 209 n. + + +Saba, W.I., 294, 307, 310. + +Sable Island, 329. + +"Sacrament," 208. + +St. Albans, Eng., 171. + +_St. Anne_, prize case, 502-506. + +_St. Anthony_, piracy case, 68-73. + +_St. Anthony_, Kidd's sloop, _see_ _San Antonio_. + +St. Augustine, Fla., 399, 400, 402, 409, 410, 414, 427, 543 n. + +St. Augustine's Bay, Madagascar, 177, 182, 184, 192. + +St. Christopher, W.I., 4, 277 n, 450 n. + +St. Croix, Virgin Islands, 294. + +St. Domingo, city, 249. + +St. Eustatius, W.I., 257 n. + +St. Helena, 177. + +_St. Jacob and Philip_, 276. + +St. John, N.B., 74 n, 79. + +St. John, Virgin Islands, 294 n. + +_St. John_, Portuguese privateer, 42. + +_St. John_, snow, prize, 449, 452, 453, 500. + +St. Johnstown, Ireland, 170. + +_St. Joseph de las Animas_, schooner, prize, 450, 451 n, 452. + +St. Leidgen, _Capt._, 400. + +St. Louis, Haiti, 472. + +St. Lucia, W.I., 319. + +St. Malo, France, prize from, 503, 504, 505. + +St. Marc, Haiti, 140, 141, 471. + +St. Martin, W.I., 139, 190 n. + +St. Mary's, island, Madagascar, 169, 176, 180-187, 198, 199, 201, 205, 209. + +_St. Michael_, Bristol, 294, 305, 307, 308, 309. + +St. Pierre, island, 326, 339, 340. + +_St. Stephen_, sloop, privateer, 573 n. + +St. Thomas, Virgin Islands, 132, 133, 276, 277; + governor of, 230; + his letter to Bellomont, 232-236; + Kidd at, 196, 203, 211, 230, 232-236; + pirates at, 257 n; + sloop from, 388. + +_Salamander_, prize case, 138-141. + +Salem, Mass., 19. + +Sales, prize, account of, 534-535. + +Sallam, _see_ Sollam. + +Salter, John, 328. + +Salusbury, _Sir_ Thomas, admiralty judge, 530 n, 575 n. + +Samer, _Don_ Issario Antonio, 373, 374. + +Sampford, Edward, 383, 384, 386, 388. + +_Samuel_, 313. + +_San Antonio_, Kidd's sloop, 211, 212, 216 n, 218 n, 232 n, 245-247. + +San Bernardo, islands, 86. + +San Blas Islands, 85. + +Sandford, _Gov._ Peleg, 238, 241, 243. + +Sandy Hook, 142 n, 199, 388, 393, 425, 573 n. + +Sandys, _Lord_ (Samuel Sandys), 567. + +San Juan de los Remedios, Cuba, 560. + +San Lucar de Barrameda, Spain, 536, 542, 560. + +Santa Catalina, island, Hispaniola, 212, 218 n. + +Santa Catalina, _see_ Providence Island. + +Santa Cruz, Barbary, 487. + +Santa Cruz, Teneriffe, 357, 360, 373 n, 374, 375, 477, 479, 480, 483, 484. + +Santa Maria, Panama, 96-98, 100, 103. + +Santen, Lucas, 144. + +Santiago, Cape Verde, 191, 206. + +Santiago de Chile, 135, 136. + +Santiago de Cuba, 419. + +Santiago de la Vega, 305 n; + _see also_ Spanish Town. + +Santo Domingo, negro, from, 586. + +Santo-May, _see_ May, Isle of. + +Sao Thome, island, 166 n. + +_Sarah_, brigantine, prize, 423, 427, 428, 432, 435, 443, 454; + decree in case of, 439-442; + letters, 448-450, 451-453; + opinions, 444-447. + +Sarmiento de Gamboa, Pedro, 116 n. + +Saunders, Peter, 400. + +Saunderson, Richard, 400. + +Savage, Thomas, 36. + +Saveti, Daniel, interpreter, 461. + +Savannah, 543 n. + +Savona, island, 212, 247. + +Sawkins or Sawlkins, _Capt._ Richard, 84 n, 90; + on the Isthmus, 92, 97; + chief commander of buccaneers, 100-103. + +Saye and Sele, _Viscount_ (William Fiennes), 3. + +Sayer, Everard, proctor, 448; + account, 453-456. + +Scarburgh or Scarborough, _Col._ Charles, letter to Nicholson, 264-266. + +Scarlett's Wharf, Boston, 279. + +Scepter, 198. + +Schmidt, _see_ Esmit. + +Schouten, W.C., 128 n. + +Schueck, R., _Brandenburg-Preussens Kolonial-Politik_, 138 n, 235 n. + +Scilly Isles, 64. + +Scotland, ships, 295. + +_Scots Brigade in Holland_, 360 n. + +Scott, James, admiralty judge, 407. + +Scott, Peter, 501. + +Scott, _Sir_ Walter, _The Pirate_, 315 n. + +Scudamore, Christopher, pirate, execution, 278-284. + +_Sea Flower_, 171. + +Seager, Reynolds, quartermaster, 495. + +Sea-letter, 361 n, 364, 515. + +Seals, municipal, 571 n. + +Searle, _Gov._ Daniel, letter, 21-23. + +Seaward, John, 501. + +Seddon, Samuel, solicitor, 577 n, 578. + +Seignelay, _Marquis de_, letter, 82-83. + +Selkirk, Alexander, 113 n. + +Sennett, John, 66. + +Sequins, 171. + +Sergeant, Peter, 226 n. + +Seroons, 465 n. + +Severs, Thomas, 47. + +Seville, 508. + +Sewall, Samuel, judge, 151; + _Diary_, 216 n, 217 n, 278 n, 314 n, 323 n. + +Sewall, _Maj._ Stephen, 278 n. + +Seymore, _Capt._ Edward, 392. + +Shalloon, 58. + +Shapleigh, _Maj._ Nicholas, 73 n, 79 n. + +Sharp, Bartholomew, and company of buccaneers, xiv, 84-137; + in attack on Portobello, 84-87, 90; + on the Isthmus, 92; + at Panama, 98-101; + chief commander, 103, 109; + deposed, 112; + chief commander again, 115, 118, 119, 121, 130, 132, 133 n, 134, 136, + 137; + _Voyages and Adventures of_, 85 n, 92 n, 120 n, 124 n, 129 n. + +Sharrett, Paul, petition, 138-139. + +Shaw, Peter, deposition, 272-273. + +She, Darby, 372. + +Shearith Israel, Hebrew congregation, 536 n. + +Shelley, _Capt._ Giles, pirate, 197 n, 198, 199, 242. + +Sherrard, _Rev._ Hope, 6. + +Sherwood, _Capt._, 277. + +Sherwood, Joseph, colonial agent, 575 n. + +Shipton, pirate, 346. + +Shirk-hooks, 59. + +Shirley, _Gov._ William, petitions to, 492-494, 501-502, 516-517; + _Correspondence_, 516 n. + +_Shivers_, _see_ _Chivers_. + +_Shoreham_, H.M.S., 259 n, 265, 266 n, 268, 270-274, 287. + +Shrewsbury, _Duke of_ (Charles Talbot), 190 n. + +Shrimpton, Epaphras, 149. + +Shrimpton, _Col._ Samuel, 147, 149 n, 150, 152, 182. + +Shuan, John, pirate, trial, 303-306. + +Shute, _Gov._ Samuel, 291 n, 305 n, 309; + letters to, 290-293, 299-300. + +Sibbald, _Capt._ John, 473 n, 474, 475, 477 n. + +Silver oar, 279. + +Silvester, deputy register, 559. + +Simons, Nicholas, petition, 346-347. + +Simpson, Sampson, 530 n, 531 n, 536, 556; + appeal, 569. + +Sims, William, examination, 257-259. + +Sinclair, Thomas, 429. + +"Sir Richard," 388. + +Skibbereen, Ireland, 369. + +Skilling, Elisha, 175. + +Slave-trade, 180-187, 235 n, 468 n. + +Sloughter, _Gov._ Henry, 190 n. + +Slut's Bush, 297, 303. + +Sluyter, Pieter, 182 n. + +Smargin, John, 196. + +Smart, _Capt._ Thomas, R.N., 318. + +Smith, Charles, _Antient and Present State of Cork_, 369 n, 371 n. + +Smith, Daniel, 196. + +Smith, John, proctor, account, 468-470. + +Smith, John, _Revenge_, 383, 384, 395, 397, 416. + +Smith, John, _St. Anthony_, 69, 71 n, 73. + +Smith, John, Va., 269. + +Smith, Michael, 196. + +Smith, Seth, jailer, 308. + +Smith, _Capt._ Thomas, _Sarah_, 423, 427, 428, 432, 433, 435, 436, 443-445, +447, 453; + deposition, 436-439. + +Smith, William, admiralty judge, 188. + +Smith, _Chief-Justice_ William, Jr., 553, 569; + letter, 573-574. + +Smith, William, Cape Cod, 298. + +Smithson, _Capt._ George, 468. + +Snow, 291 n. + +Sokotra, island, 175. + +_Soldado_, prize, 165, 199. + +Sollam, Matthias, 390, 395, 397, 416. + +Somaliland, 197 n. + +Somers, Edward, 388. + +Somers, _Sir_ John (Lord Somers), 190 n, 214 n, 247, 250 n. + +Sommerwood, Quinton, 386, 395, 397, 416. + +South, Thomas, evidence, 308; + trial for piracy, 303-306. + +Southack, _Capt._ Cyprian, letters to Gov. Shute, 290-293, 299-300; + map, 293 n. + +South Carolina, governor, 147; + piracy in, 341; + piracy law, 286 n, 289. + +South Carolina Admiralty Court, _see_ Charleston Admiralty Court. + +_South Carolina Historical Magazine_, 518 n. + +South Channel, 291. + +_Southern Literary Messenger_, 274 n. + +South Sea Company, 405 n, 449 n. + +Spain, Dutch war with, 3 n, 13-17, 19 n. + +Spain, war of Great Britain with, 347, 356 n, 357. + +Spania, Francisco de, 558. + +_Spaniards' Dread_, 418. + +Spanish Main, 245 n. + +Spanish privateer, 399, 404. + +Spanish Town, Jamaica, 305, 541 n. + +Sparks, James or Joseph, pirate, 323 n, 325, 329, 331, 339, 343. + +Sparks, John, 174. + +Speeks, 59. + +Speight's Bay, 131. + +Spencer wig, 429. + +_Spey_, 247. + +Spons, Jan, 199. + +Sportulage, 456 n. + +Sprague, Daniel, deposition, 33-34. + +Springer's Key, 88. + +Spurwink, Maine, 302 n. + +_Squirrel_, H.M.S., 305 n, 386, 387. + +_Squirrel_, Annisquam, 328, 333, 339. + +Stage Harbor, 297. + +Stanbridge, Edward, 324-325, 344; + bill, 345. + +Stanley, _Sir_ John, 242. + +Stanly, Robert, 501. + +Stanton, pirate, 199. + +Stapleton, _Gov._ Sir William, 132. + +Starkey, Edward, pirate, 142. + +Staten Island, N.Y., 385, 392. + +Staten Island, Patagonia, 128 n. + +Steed, Evance, and Co., 411, 426. + +Stenwyck, Cornelius, 144. + +Stephens, _Capt._, 277. + +Stephens, Philip, secretary to the admiralty, 577 n, 579. + +Stephens, William, secretary, 404 n, 543 n. + +Stevens, _Capt._, 187. + +Stewart, _Maj._ William, 405, 406. + +Stileman, Elias, 48, 50. + +Stiles, _Pres._ Ezra, 536 n. + +Stilwell, Nicholas, 15, 16. + +Stocking, _Capt._, 424. + +Stoddard, Anthony, 39. + +Stoffelsen, Jacob, 9-11. + +Stokes, Anthony, 525 n; + _View of the Constitution of the British Colonies_, 312 n, 379 n, 524 n; + documents from, 525-529. + +Stone, William, lieutenant, 387, 388, 389, 411, 414, 416. + +Stonehouse, John, 246. + +Story, _Justice_ Joseph, 442 n. + +Stoughton, _Gov._ William, 70, 75; + proclamation, 188-189. + +Stover, John, 304. + +Stowe, _Mr._, 430. + +Strahan, _Dr._ William, 442 n, 448, 449, 454; + opinion, 446. + +Strange, _Dr._, 442 n. + +Strengthfield, William, 468. + +Strother, William, pirate, 142. + +Styles, _Capt._, 420. + +Suarez, _Dona_ Eugenia, marries Ybanez, 562. + +_Success_, agreement with _Revenge_, 463-465; + privateering cruise of, 463 n, 465 n. + +Suffolk County, Mass., court files, xv; + documents from, 46-81, 138-140, 145-152, 178-180, 257-259, 293-311. + +Suffolk County, Mass., order of court, 50. + +_Sultana_ (Sultan Galley), 294, 307, 308, 310. + +Sunderland, _Earl of_ (Charles Spencer), 429 n. + +Surat, 155, 156-159, 175, 191, 201, 207-209. + +Surinam, 511, 512, 513. + +Surriage, Agnes, 413 n. + +Surrogate, 454 n. + +_Susanna_, 184. + +_Sutherland_, H.M.S., 573 n, 574. + +Suwali, 157. + +Swaile, John, 163. + +Swan, John, 382, 384, 395, 397, 416. + +Swan, Paul, 199. + +_Swallow_, H.M.S., 317 n. + +Sweet, _Capt._ John, 514 n. + +Sweringen, G., 47. + +Swett, William, 501. + +Swift, Jonathan, _Carberiae Rupes_, 369 n. + +_Swift_, brigantine, 186. + +Sybada, Kempo, 13, 14. + +Symonds, Samuel, 18. + + +_Tabasco_, bark, 13, 14, 17 n. + +Tabiel, Francisco, 487; + declaration, 485. + +Taffery, Peter, pirate, 330, 331; + trial, 342-344. + +Tailer, William (1), 29. + +Tailer, William (2), 324, 338. + +Talladay, George, 385. + +_Tanner_, frigate, 304. + +Tarpaulin Cove, 319. + +Tay, Jeremiah, declaration, 147-149; + deposition, 150-151. + +Taylor, George, 66. + +Taylor, Jonathan, 501. + +Taylor, _Capt._ John (1), 40, 46. + +Taylor, John (2), of the _Revenge_, 383, 384, 385, 389, 395, 397, 416, 423. + +Taylor, William, pirate, 323 n, 335; trial, 338-342. + +Teach, Edward, "Blackbeard," 329 n, 341. + +Teneriffe, island, 21, 357, 361, 373 n, 374-377, 473 n, 475, 486-492. + +Tennent, _Rev._ Gilbert, 428. + +Terry, _Capt._ John, 68-73. + +Tesier, Charles, 421-422. + +Tew, _Capt._ Thomas, pirate, 167, 177, 181 n, 183-185, 187. + +Texel, 365. + +Thacker, Chicheley Corbin, 275. + +Thatch, _see_ Teach. + +Theriaca Andromachi, 457 n. + +Thierry, Joan, secretary, 366. + +Thomas, _Capt._, privateer, 573 n. + +Thompson, John (1), of New Providence, 407, 415 n. + +Thompson, John (2), of the _Hawk_, 501. + +Thompson, _Capt._ Richard (1), of New Providence, 415. + +Thompson, Richard (2), of the _Hawk_, 501. + +Thompson, _Long Island_, 220 n. + +Thoreau, Henry, Cape Cod, 293 n. + +Thorne, _Capt._ Anthony, 140. + +Thorowgood, Adam and John, letter, 266-267. + +Ticonderoga, 485 n. + +Tienhoven, Cornelis van, 9-12. + +Tierra del Fuego, 128, 130, 136, 137. + +Tiffany, 58. + +Tiger, H.M.S., 192. + +Tinker, _Gov._ John, Bahamas, 405, 477 n. + +Tobago, W.I., 490. + +Toca Mora, 91. + +Toler, Richard, 371. + +Tooly, John, examination, 68-71. + +Toppan, Robert N., _Edward Randolph_, 167 n. + +Torbeck, Haiti, 472. + +Torres, _Adm. Don_ Rodrigo de, 419-420, 562 n, 563. + +Torrey, William, 26. + +Tortuga, island, 419. + +Tosor, _Capt._, 294. + +Totten, John R., article, 220 n. + +Townsend, Penn, 298, 324, 338. + +Townsend, _Col._ Richard, 368-369. + +Townsend, Richard and Dorothea, _An Officer of the Long Parliament_, 369 n. + +Townshend, _Vice-Adm._ George, 535 n, 541, 547, 548. + +Toyle, Otto van, 199. + +Transmiss, 454 n. + +Treacle, Venice, 457 n. + +_Trelawney Galley_, 514. + +Trelawny, _Gov._ Edward, 355. + +_Trembleur_, privateer, 506 n, 507, 508 n, 509. + +Trepassy, Newfoundland, 317. + +_Trial_, 79 n. + +_Trials of Eight Persons_, 291 n, 297 n, 307 n, 309 n. + +Trinidad, Cuba, 536, 537, 542, 543, 549, 554. + +Trinidad, gulf of, 126 n. + +_Trinidad_, prize ship of buccaneers, 100, 101, 103, 105-107, 109, 133, +135, 136. + +Trinity Hall, Cambridge, 275 n. + +Tropic bottle, 418. + +Trott, _Maj._, 172. + +Trott, _Chief-Justice_ Nicholas, S.C., 169 n, 287, 289, 406 n. + +Trott, _Gov._ Nicholas, Bahamas, 169, 170, 172-174, 287 n. + +Trumbal, George, 140. + +Trumble, James, 160, 161, 163. + +Trumbull, _Sir_ William, secretary of state, 187. + +Truxillo, Peru, 117. + +Tudor, John, register, 188. + +Tuira River, 97. + +Tullear, Madagascar, 192, 206. + +Tuning, J., register, 367. + +Turks Island, sloop, 390. + +Turner, Theophilus, 199; + deposition, 200-201. + +Tuttle, C.W., _Captain Francis Champernowne_, 74 n. + +Tweedy, John, bill for medicines, 456-461, 462 n. + +Twisden, _Capt._, 277. + +Tyler, John, 423, 428, 432, 433, 443, 454. + +_Tyler Genealogy_, 428 n + +Tyng, Edward, 70; + declaration, 147-149. + + +Ulloa, _Don_ Martin de, auditor general, 563, 564. + +Uring, _see_ Youreing. + + +Valderama, Pedro, 537. + +Valentine, John, 309 n. + +Valle, Juan Fernando del, 561, 563, 564. + +Van Dam, Isaac, 392. + +Vander Hiden, John, 394, 397, 416. + +Vanderlure, collector at Ballinrobe, 162-164. + +Vansteinfort, Arnold, consul-general, 374, 479. + +Varinas, 468. + +Vaughan, Daniel, privateer lieutenant, deposition, 513-514. + +Vaughan, _Maj._ Owen, 163. + +Vega, _Don_ Joseph de la, declaration, 561-563. + +_Venetian Merchant_, prize, 277. + +Venice, 484; + letter from, 159. + +Vernon, _Adm._ Edward, 383, 386, 387, 419, 473 n, 485 n. + +Vernon, James, secretary of state, 175 n, 216, 227, 243; + letter to, 195-196. + +Vernon, Thomas, 576. + +Verroa, Isabel de, _see_ Berrow, Elizabeth. + +Vezian, Peter, quartermaster of the _Revenge_, 384, 394, 416, 437; + journal, 381-429; + speech, 407-411. + +Vianes de Salas, Joseph, notary, 374, 375, 479. + +Vice-admirals, xi; + commission, Butler, 1-3; + commissions, 285 n; + perquisites, 242; + powers of, 275-276. + +Vice-admiralty courts, xi-xiii, xv, 313; + _see_ also Admiralty courts. + +Vice-admiralty judges, _see_ Admiralty judges. + +_Victory_, prize and privateer, 473 n. + +Vidonia, 480 n, 482, 483, 484. + +Vieques, Virgin Islands, 196, 305. + +Vieux Bourg, Haiti, 472. + +Vineyard Haven, 337 n. + +_Virgen del Rosario y el Santo Cristo de Buen Viage, La_, prize case, +529-569; + account of sales, 534-535. + +_Virgin_, prize, 277. + +Virginia, Council, 261 n, 271 n. + +Virginia, _Journals of the House of Burgesses_, 152 n. + +_Virginia Magazine of History_, 261 n, 271 n. + +Virgin Islands, 294. + +_Virgin Queen_, 36. + +Vorst, Simon van, pirate, trial, 303-306. + +Vryling, John, 276. + + +Wafer, Lionel, _New Voyage and Description of the Isthmus_, 92 n, 95 n, +117 n. + +Wake, _Capt._ Thomas, pirate, 167, 169, 184. + +Walden, Thomas, 495. + +Waldron, _Maj._ Richard, 139 n. + +Walker, Daniel, negro, 384, 395, 397, 416. + +Walker, _Adm. Sir_ Hovenden, 291 n. + +Walker, _Capt._ James, 392. + +Walle, Jacob, 47. + +Walters, Humphry, 383, 384, 395, 400, 416-419. + +Walton, _Capt._ George, 79. + +Want, _Capt._, 167, 169. + +Wanton, George, 468. + +Wapping Old Stairs, executions at, 252 n, 257, 315. + +Ward, Charles, 498. + +Ward, _Gov._ Richard, 347, 378, 381, 429 n. + +Ward, Thomas, secretary, 461, 514. + +Ward, William, petition, 495-496; + testimony concerning, 498. + +Ward, _Lord Chief Baron Sir_ Edward, 251 n. + +Warden, Andrew, _see_ Wharton. + +Warden, William, 336. + +Ware, John, 246, 249. + +Warrant, to governors, to issue privateering commissions, 355-356. + +Warrell, Francis, deposition, 272-273. + +Warren, _Vice-Adm._ Sir Peter, 386. + +Warren, _Capt._ Thomas, R.N., 191-192, 206. + +_Warren_, privateer, 503 n, 504. + +Warwick, _Earl of_ (Robert Rich), 3. + +Warwick County, Va., 262. + +Warwick Fort, 4. + +Washington, George, 182 n. + +Waterhouse, _Capt._ Samuel, privateer, 449, 453, 494-500. + +Waters, H. FitzGilbert, _Genealogical Gleanings_, 46 n. + +Waters, John, 387, 394, 416. + +Watkins, John (1), commander of buccaneers, 112-115. + +Watkins, John (2), pirate, 142. + +Watson, J.F., _Annals of Philadelphia_, 253 n. + +Wattson, James, 35, 39, 45. + +Weaver, Thomas, 244. + +Webb, John, 391, 392, 395, 400, 416; + instructions to, 401, 425; + mate of _Revenge_, 422, 424, 427. + +Webber, Henry, 200. + +Webson, Simon, pirate, 142. + +Webster, William (or Samuel, or Edward), 383, 384, 392, 394, 413. + +Welbeck Abbey, documents from, xv, 245-253. + +Welch, Edward, 210. + +Welch, James, 395, 416. + +Wellfleet, Mass., 291 n. + +Wendell, _Col._ Jacob, 358, 359, 367 n. + +Wendell, John, jr., 367. + +Wentworth, _Gen._ Thomas, 383, 419 n. + +Wentworth and Monk, 438. + +Westergaard, Waldemar, _Danish West Indies_, 132 n, 133 n, 191 n, 235 n. + +West India Company, Danish, 132 n. + +West India Company, Dutch, 9, 10, 43. + +Westmoreland County, Va., 260. + +Westport, Ireland, 160-162, 164. + +Wetherley, Tee, pirate, 217, 237, 244, 250 n. + +Wharfe, Thomas, declaration, 147-149. + +Wharton, Andrew, 384, 395, 397, 416. + +Wheaton, Henry, _Reports_, 442 n. + +Wheeler, _Maj._, of Barbados, 277. + +_Whidah_, piracy case, 290-311. + +Whipple, _Capt._ John, 320. + +Whipple, _Col._ Joseph, jr., 319, 320. + +Whitaker, Edward, 272. + +White, William, pirate, 323 n, 325, 326 n, 331; + trial, 338-342; + execution, 344 n, 345. + +Whitefield, _Rev._ George, 428. + +Whitefield, John, 373, 374. + +_White Gossip_, 136, 137. + +Whitestone Point, 382. + +Whitman, _Rev._ Levi, 291 n, 292 n. + +Whorekill, Delaware, 167. + +Wilkerson, Abraham, 34, 41. + +Wilks, Bourryau, and Schaffer, 448 n. + +Wilks, Francis, 449. + +Willard, Josiah, secretary, 298 n. + +_Willem_, prize galley, 463 n; + inventory and appraisement, 465-468. + +William III., prince of Orange, 47, 48, 64, 78; + wars, 153 n; + king of England, 247, 291 n; + act concerning manufactures, 350; + act concerning piracy, 144 n, 261 n, 278 n, 286 n, 306 n, 324. + +William, Mosquito Indian, on Juan Fernandez, 113 n, 125. + +_William and Anne_, 138 n, 140. + +Williams, Gomer, _Liverpool Privateers_, 468 n. + +Williams, _Capt._ James, 294, 305, 308, 309. + +Williams, James, mate of _Fidelia_, 258. + +Williams, Paul, pirate, 294, 295. + +Williams, William, 501. + +Williamsburg, Va., 268. + +Willoughby, Francis, 32 n, 33, 45. + +Willoughby, _Gov. Lord_, 143. + +Wills, Robert, 75. + +Willson, Lawrence, 429. + +_Wilmington_, privateer, 474 n. + +Wilson, Alexander, 70, 73 n. + +Wilson, _Col._ William, 273; + letter to Nicholson, 269-270. + +Wimble, _Capt._ James, 469. + +Windsor, _Lord_ (Thomas Windsor), 37. + +_Windsor_, H.M.S., 191. + +Windward Passage, 294 n, 295. + +Winter, Edward, petition, 516-517. + +Winter Harbor, Maine, 302 n. + +Winthrop, Adam, 324, 338. + +Winthrop, _Gov._ John, 370 n. + +Winthrop, _Maj.-Gen._ Wait, 324 n. + +Winthrop, William, 370. + +Wood, James, pirate, 334, 335, 337. + +Wood, Samuel, 211, 245. + +Wood, Thomas, 300. + +Woodbridge, John, 498. + +Woodbury, Jonathan, 512. + +Woodell, sailor, 385. + +Woodhouse, John, 438. + +Woolgar, William, deposition, 272-273. + +Wreck of the sea, 299 n. + +Wright, _Capt._ (1), of the _Quedah Merchant_, 200, 209 n. + +Wright, _Capt._ (2), 386. + +Wright, John, 384, 385, 395, 397, 413, 415, 430. + +Wright, _Oglethorpe_, 399 n, 404 n. + +Wyld, John, 395, 400, 416. + +Wyneburgh, _Capt._ Casparus, 525. + +Wynne, _Life of Sir Leoline Jenkins_, 440 n. + + +Xanten, armistice, 83 n. + + +Yanez, Juan Gonzales, declaration, 485. + +_Yankee_, privateer, 572 n. + +Yarland, John, 184. + +Ybanez, _Don_ Felipe, 530 n, 554-557, 560-566; + deposition, 535-542; + libel, 542-553. + +Yeeden, Thomas, 160. + +Yeomans, _Lieut.-Gov._ John, 230. + +Yonge, Francis, 290. + +York River, 265. + +_Young Eagle_, privateer, 357, 359, 360, 463 n; + William Loud on, 492-493. + +Younger, William, 371. + +Younson, _see_ Johnson. + +Youreing, Edward, 74 n; + declaration, 76-81. + + +Zeeland, ports, 82, 83. + +Zegarain, _Capt._ Cosme, 463 n. + +Zenger, John Peter, 474 n. + + + + + + + + + +End of the Project Gutenberg EBook of Privateering and Piracy in the +Colonial Period, by Various + +*** END OF THIS PROJECT GUTENBERG EBOOK PRIVATEERING AND PIRACY *** + +***** This file should be named 24882.txt or 24882.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/2/4/8/8/24882/ + +Produced by Suzanne Shell, Linda Cantoni, and the Online +Distributed Proofreading Team at http://www.pgdp.net. 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