[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.