[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. Franklandś 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