[Transcriber's Notes: This book contains documents written in 17th- and18th-Century English, Dutch, French, and other languages. Inconsistencies of spelling, punctuation, capitalization, andhyphenation have been preserved as they appear in the original. (Seethe last paragraph of the Preface for the editor's note on this. )A few obvious printer errors in the editor's footnotes have beencorrected. 

This book contains characters with macrons, which are represented herein brackets with an equal sign, e. G. , [=a]. 

The original contains various symbols to represent signature marks. These have been described in brackets, e. G. , JOHN [X] SMITH. 

The original contains a number of blank spaces to represent missingmatter. These are represented here as a series of four hyphens. 

In the original, there are a few numbers enclosed in square brackets. They are here enclosed in curly brackets, in order to avoid confusionwith the square-bracketed footnote numbers used in this e-text. ]

PRIVATEERING AND PIRACY

IN THE

COLONIAL PERIOD: ILLUSTRATIVE DOCUMENTS

EDITED UNDER THE AUSPICES OFTHE NATIONAL SOCIETY OF THECOLONIAL DAMES OF AMERICA

BY

JOHN FRANKLIN JAMESON

DIRECTOR OF THE DEPARTMENT OF HISTORICAL RESEARCH INTHE CARNEGIE INSTITUTION OF WASHINGTON

New YorkTHE MACMILLAN COMPANY1923

TO THE HONORED MEMORY OF

JOHN JAMESON

OF BOSTON

1828-1905

VOYAGER, TEACHER, LAWYER, SCHOLAR

WHOSE LOVE OF LEARNING AND WHOSE UNSELFISHDEVOTION MADE IT NATURAL AND POSSIBLETHAT I SHOULD LEAD THE STUDENT'S LIFE

PREFACE

The National Society of the Colonial Dames of America have formed thelaudable habit of illustrating the colonial period of United Stateshistory, in which they are especially interested, by published volumesof original historical material, previously unprinted, and relating tothat period. Thus in the course of years they have made a largeaddition to the number of documentary sources available to the studentof that period. First they published, in 1906, in two handsomevolumes, the _Correspondence of William Pitt, when Secretary of State, with Colonial Governors and Military and Naval Commanders in America_, edited by the late Miss Gertrude Selwyn Kimball, containing materialof great importance to the history of the colonies as a whole, and ofthe management of the French and Indian War. Next, in 1911 and 1914, they published the two volumes of Professor James C. Ballagh'svaluable edition of the _Letters of Richard Henry Lee_. Then, in 1912, they brought out, again in two volumes, the _Correspondence ofGovernor William Shirley_, edited by Dr. Charles H. Lincoln, andillustrating the history of several colonies, particularly those ofNew England, during the period of what in our colonial history iscalled King George's War. More recently, in 1916, the Societypublished an entertaining volume of hitherto unprinted _Travels in theAmerican Colonies_, edited by Dr. Newton D. Mereness. 

It was resolved that the next volume after these should be devoted todocuments relating to maritime history. In proportion to itsimportance, that aspect of our colonial history has in generalreceived too little attention. In time of peace the colonists, nearlyall of whom dwelt within a hundred miles of ocean or tidewater, maintained constantly a maritime commerce that had a large importanceto their economic life and gave employment to no small part of theirpopulation. In time of war, their naval problems and dangers andachievements were hardly less important than those of land warfare, but have been far less exploited, whether in narrative histories or involumes of documentary materials. Accordingly the Society's Committeeon Publication readily acceded to the suggestion that a volume shouldbe made up of documents illustrating the history of privateering andpiracy as these stand related to the life of America during thecolonial period--for it is agreed that few aspects of our maritimehistory in that period have greater importance and interest than thesetwo. In some of our colonial wars, as later in those of the Revolutionand of 1812, American privateering assumed such proportions as to makeit, for brief periods, one of the leading American industries. Wecannot quite say the same concerning American piracy, and indeed itmight be thought disrespectful to our ancestors--or predecessors, forpirates mostly died young and left few descendants--but at least itwill be conceded that piracy at times flourished in American waters, that not a few of the pirates and of those on shore who received theirgoods and otherwise aided them were Americans, that their activitieshad an important influence on the development of American commerce, and that documents relative to piracy make interesting reading. 

It is a matter for regret and on the editor's part for apology, thatthe book should have been so long in preparation. Work on it was begunprosperously before our country was engaged in war, but the "sparetime" which the editor can command, always slight in amount, was muchreduced during the period of warfare. Moreover, the Society, veryproperly, determined that, so long as war continued, the publicationof their volumes and the expenditures now attendant upon printingought to be postponed in favor of those patriotic undertakings, especially for the relief of suffering, which have made their namegrateful to all lovers of the Navy and in all places where the_Comfort_ and the _Mercy_ have sailed. 

It may be objected against the plan of this book, that privateeringand piracy should not be conjoined in one volume, with documentsintermingled in one chronological order, lest the impression becreated that piracy and privateering were much the same. It is truethat, in theory and in legal definition, they are widely differentthings and stand on totally different bases. Legally, a privateer isan armed vessel (or its commander) which, in time of war, thoughowners and officers and crew are private persons, has a commissionfrom a belligerent government to commit acts of warfare on vessels ofits enemy. Legally, a pirate is one who commits robbery or other actsof violence on the sea (or on the land through descent from the sea)without having any authority from, and independently of, any organizedgovernment or political society. (Fighting and bloodshed and murder, it may be remarked by the way, though natural concomitants of thepirate's trade, are not, as is often supposed, essentials of the crimeof piracy. ) But wide as is the legal distinction between theauthorized warfare of the privateer and the unauthorized violence ofthe pirate, in practice it was very difficult to keep the privateerand his crew, far from the eye of authority, within the bounds oflegal conduct, or to prevent him from broadening out his operationsinto piracy, especially if a merely privateering cruise was provingunprofitable. Privateering was open to many abuses, and it was notwithout good reason that the leading powers of Europe, in 1856, by theDeclaration of Paris, agreed to its abandonment. 

The object of the following collection of documents is not to give thewhole history of any episode of piracy or of the career of anyprivateer, but rather, by appropriate selection, to illustrate, aswell as is possible in one volume, all the different aspects of bothemployments, and to present specimens of all the different sorts ofpapers to which they gave rise. Nearly all the pieces are documentshitherto unprinted, but a few that have already been printed, mostlyin books not easy of access, have been included in order to round outa story or a series. The collection ends with the termination of thelast colonial war in 1763. Presented in chronological order, it mayhave a casual, as it certainly has a miscellaneous, appearance. Butvariety was intended, and on closer inspection and comparison theselection will be seen to have a more methodical character than atfirst appears, corresponding to the systematic procedure followed inprivateering, in prize cases, and in trials for piracy. 

On the outbreak of war in which Great Britain was involved, it wascustomary for the King to issue a commission to the Lord High Admiral(or to the Lords of the Admiralty appointed to execute that office)authorizing him (or them) to empower proper officials, such ascolonial governors, to grant letters of marque, or privateeringcommissions, to suitable persons under adequate safeguards. [1] TheLords of the Admiralty then issued warrants to the colonial governors(see doc. No. 127), authorizing them to issue such commissions orletters of marque. A specimen American privateering commission may beseen in doc. No. 144; a Portuguese letter of marque, and a paper bywhich its recipient purported to assign it to another, in docs. No. 14and no. 15. Royal instructions were issued to all commanders ofprivateers (doc. No. 126), and each was required to furnish, orbondsmen were required to furnish on his behalf, caution orsecurity[2] for the proper observance of these instructions and thepayment of all dues to the crown or Admiralty. Relations between thecommander and the crew, except as regulated by the superior authorityof these instructions and of the prize acts or other statutes, weregoverned by the articles of agreement (doc. No. 202) signed whenenlisting. 

[Footnote 1: See R. G. Marsden in _English Historical Review_, XXI. 251-257, and a commission in Rymer's _Foedera_, XVIII. 12. ]

[Footnote 2: Specimen (1762) in Anthony Stokes, _A View of theConstitution of the British Colonies_ (London, 1783), pp. 315-317. ]

These were the essential documents of a privateering voyage. Therewould probably be also accounts for supplies, like John Tweedy's verycurious bill for medicines (doc. No. 158), and accounts between crewand owners (doc. No. 146), and general accounts of the voyage (doc. No. 159). There might be an agreement of two privateers to cruisetogether and divide the spoil (doc. No. 160). There might even be ajournal of the whole voyage, like the extraordinarily interestingjournal kept on the privateer _Revenge_ by the captain'squartermaster in 1741 (doc. No. 145), one of the very few suchnarratives preserved. Other documents of various kinds, illustratingmiscellaneous incidents of privateering, will be found elsewhere inthe volume. 

Both privateers and naval vessels belonging to the government madeprize of ships and goods belonging to the enemy, but many questionswere certain to arise concerning the legality of captures andconcerning the proper ownership and disposal of ships and goods. Hencethe necessity for prize courts, acting under admiralty law and the lawof nations. The instructions to privateers required them (see doc. No. 126, section III. ) to bring captured ships or goods into some port ofGreat Britain or her colonial dominions, for adjudication by such acourt. In England, it was the High Court of Admiralty that tried suchcases. At the beginning of a war, a commission under the GreatSeal, [3] addressed to the Lords of the Admiralty, instructed them toissue a warrant to the judge of that court, authorizing him during theduration of the war to take cognizance of prize causes. After 1689, itwas customary to provide for trial of admiralty causes in colonialports by giving to each colonial governor, in addition to hiscommission as governor, a commission as vice-admiral. Before 1689, this was done in a few instances, chiefly of proprietary colonies, theearliest such instance being that exhibited in our doc. No. 1; but inthe case of colonies having no royal governor (corporation colonies)we find various courts in that earlier period exercising admiraltyjurisdiction (docs. No. 8, no. 25, no. 48, and no. 105, note 1). FromQueen Anne's reign on (doc. No. 102), jurisdiction in prize causes wasconferred, as in the case of the judge of the High Court of Admiraltyin London, by warrant (doc. No. 182) from the Lord High Admiral orLords of the Admiralty pursuant to the commission issued to them, asstated above, at the beginning of the war. In doc. No. 116 we see thejudge of the High Court of Admiralty expressing the belief that itwould be better if all prizes were brought to his court in London foradjudication, but the inconvenience would have been too great. 

[Footnote 3: Such a commission (1748) is printed in R. G. Marsden, _Lawand Custom of the Sea_ (Navy Records Society), II. 279, and another(1756) in Stokes, p. 278. ]

The governor's commission as vice-admiral, issued (after 1689, at anyrate) under the great seal of the High Court of Admiralty, gave himauthority to hold an admiralty court in person. Often the governor wasnot well fitted for such work, though not often so frank as Sir HenryMorgan (doc. No. 46, note 1) in admitting his deficiencies. Asadmiralty business increased, it became customary to appoint admiraltyjudges to hold vice-admiralty courts in individual colonies, or ingroups of colonies. Sometimes, especially in the earlier period, theywere commissioned by the governor of the colony acting under a warrantfrom the Lords of the Admiralty (doc. No. 69) empowering him so to do;more often they were commissioned directly by those lords, under thegreat seal of the Admiralty. Doc. No. 180 is a commission of theformer sort, doc. No. 181 of the latter. When war broke out, authorityto try prize cases was conveyed, as above, to the vice-admiral, thevice-admiralty judge, and their deputies. 

In the trial of a prize case, the first essential document was thelibel (docs. No. 99, no. 128, no. 165, no. 184, and no. 188), by whichclaim was laid to ship or goods. Witnesses were examined, chiefly bymeans of the systematic series of questions called standinginterrogatories (doc. No. 183). Their testimony, taken down in writtendepositions, constitutes much the largest class of documents in thisvolume. Most narratives of privateering or of piracy are found in theform of depositions. Reports of trials, embracing proceedings anddocuments and testimony, are found in docs. No. 128, no. 143, and no. 165; sentences or decrees of the judge in docs. No. 143, no. 150, andno. 155; inventories of prizes in docs. No. 33 and no. 161; an accountof sales in doc. No. 186. 

If a party to a prize appealed from the sentence of the vice-admiraltycourt (docs. No. 151 and no. 196), he was required to give bond (doc. No. 152) for due prosecution of the appeal in England. From 1628 to1708 such appeals were heard by the High Court of Admiralty; after1708 they went to a body of privy councillors specially commissionedfor the purpose, called the Lords Commissioners of Appeal in PrizeCauses (see doc. No. 151, note 1). A specimen of a decree of thattribunal reversing the sentence of a colonial vice-admiralty court isin doc. No. 195. [4]

[Footnote 4: For a report of these commissioners _approving_ thesentence of the court below, see Stokes, pp. 325-326. ]

Piracy being from its very nature a less formal proceeding thanprivateering, there are fewer formal documents to present as essentialto its history. In the seventeenth century, there are instances oftrials for piracy by various courts: _e. G. _, the Court of Assistantsin Massachusetts in 1675 (doc. No. 41, note 1) and the MassachusettsSuperior Court in 1694 (doc. No. 56, note 2). But the regular method, which came to prevail, was trial by special commissions appointed forthe purpose, similar to those which were appointed for the trial ofpirates in England by virtue of the statute 28 Henry VIII. C. 15(1536). We have such a colonial commission, appointed by the governor, in doc. No. 51 (1683). In 1700 the statute 11 and 12 William III. C. 7extended to the plantations the crown's authority to appoint suchcommissions (see docs. No. 104, note 1, no. 106, note 1, and no. 201). A curious signed agreement to commit piracy will be found in doc. No. 50; indictments for that crime in docs. No. 56, no. 119, and no. 120;partial records of trials in docs. No. 112, no. 113, and nos. 119-122. A full account of an execution, explicit enough to satisfy the mostmorbid curiosity, is presented in doc. No. 104. Nos. 123 and 124 areformal bills for the execution, the digging of the graves, and thecheering drams which the executioners found needful after their grislywork. 

But if American colonial piracy presents a smaller array of legaldocuments than American colonial privateering, it makes up for it byits rich abundance of picturesque narrative and detail. The pieceshere brought together show us piracy off Lisbon and in the East Indiesand at Madagascar, at Portobello and Panama and in the South Sea, inthe West Indies, and all along the Atlantic coast from Newfoundlandto the coast of Guiana. They exhibit to us every relation from that ofthe most innocent victim to that of the most hardened pirate chief. They make it clear how narrow was sometimes the line that dividedpiracy and privateering, and how difficult it must have been to learnthe truth from witnesses so conflicting and of such dubiouscharacters, testifying concerning actions of lawless men in remoteseas or on lonely shores. 

Most of the pirates famed in story, who had anything to do withcolonial America, appear in one way or another in these papers. On thehistory of Henry Every, for instance, and even on the oft-told tale ofWilliam Kidd, not a little new light is cast. Kidd's letters fromprison, the letter and petitions of his wife, the depositions ofcompanions, the additional letters of Bellomont, make the story liveagain, even though no new evidence appears that is perfectlyconclusive as to the still-debated question of his degree of guilt. The wonderful buccaneering adventures of Bartholomew Sharp and hiscompanions, 1680-1682, at the Isthmus of Panama and all along the westcoast of South America, are newly illustrated by long anonymousnarratives, artless but effective. And indeed, to speak moregenerally, it is hoped that there are few aspects of the pirate'strade that are not somehow represented in these pages. 

At least it will not be denied that the documents, whether for piracyor for privateering, show a considerable variety of origins. Theirauthors range from a Signer of the Declaration of Independence to anIrishwoman keeping a boarding-house in Havana, from a minister ofLouis XIV. Or a judge of the High Court of Admiralty to the mostilliterate sailor, from Governor John Endicott, most rigid ofPuritans, to the keeper of a rendezvous for pirates and receiver oftheir ill-gotten goods. Witnesses or writers of many nationalitiesappear: American, Englishmen, Scots, Irishmen, Frenchmen, Dutchmen, Spaniards, a Portuguese, a Dane or Sleswicker, a Bohemian, a Greek, aJew. The languages of the documents are English, French, Dutch, Spanish, Portuguese, and Latin. Though none of them are in German orby Germans, not the least interesting pieces in the volume are those(docs. No. 43, no. 48, and no. 49) which show a curious connection ofAmerican colonial history with the very first (and characteristicallyillegal and unscrupulous) exploits of the Brandenburg-Prussian navy. 

The range of repositories from which the documents have been procuredis also considerable. Many were found in the state archives ofMassachusetts, many in the files of the Supreme Judicial Court forSuffolk County, many in the collections of the MassachusettsHistorical Society, others in the archives of Rhode Island and NewYork, in the office of the surrogate of New York City, and in the NewYork Public Library. A very important source of material, indispensable indeed for certain classes of document, was the recordsand papers of the vice-admiralty courts of the colonial period. Extensive portions still remain in the case of four of these courts, at Boston, New York, Philadelphia, and Charleston (see the firstfoot-notes to docs. No. 126, no. 184, no. 165, and no. 106, respectively). A large number of the documents, larger indeed thanfrom any other repository but one, were drawn from the inexhaustiblestores of the Public Record Office in London, namely, from theAdmiralty and Colonial Office Papers. Others came from the PrivyCouncil Office; a few, but among them two of the longest and mostinteresting, from among the Sloane and Harleian manuscripts in theBritish Museum; one whole group from the Rawlinson manuscripts in theBodleian Library at Oxford. Three of the Kidd documents were obtainedfrom among the manuscripts of the Duke of Portland at Welbeck Abbey. Several of the pieces, and a number of lesser extracts used inannotations, were taken from colonial newspapers, and two from printedbooks not often seen. 

Archivists and librarians have assisted the editor with theircustomary and never-failing kindness. It is a pleasure to express hisgratitude to Mr. J. J. Tracy and Mr. John H. Edmonds, former andpresent archivists of Massachusetts, Mr. Herbert O. Brigham of theRhode Island archives, Mr. A. J. F. Van Laer and Mr. Peter Nelson ofthose of New York; to Mr. Worthington C. Ford and Mr. Julius H. Tuttle of the Massachusetts Historical Society; to Hon. Charles M. Hough, judge of the United States Circuit Court in New York; to MissC. C. Helm of his office; to the late Miss Josephine Murphy, custodianof the Suffolk Files; to Miss Mabel L. Webber, secretary and librarianof the South Carolina Historical Society; to Mr. Victor H. Paltsits ofthe New York Public Library; to Rev. Richard W. Goulding, librarian tothe Duke of Portland; and to the authorities of the Public RecordOffice, the Privy Council Office, the British Museum, and the BodleianLibrary. Special thanks are due to the officials of three libraries inwhich the work of annotation was mostly done--the Library of Congress, that of the Massachusetts Historical Society, and that of BowdoinCollege. On a few nautical points the editor had the advice of his oldfriend the late Captain Charles Cate of North Edgecomb, Maine. Andespecially he has to thank the chairman of the Committee onPublication, Mrs. Charles E. Rieman, for her interest in the work andfor the exemplary patience with which she has borne the delays in itscompletion. 

It is perhaps needless to say that the spelling of the originals hasbeen carefully preserved; it is hoped that it would not be thought tobe that of the editor. The punctuation of the originals has not beendeemed equally sacred. In general, it has been reproduced, but wheresmall alterations would make the sense clear to the modern reader butcould not change it, or where that same effect would be produced byintroducing punctuation-marks, which writers nearly illiterate oftenomitted entirely, it has seemed the part of good sense to makereading-matter readable. Also, names of vessels have been uniformlyitalicized even when not underscored in the original manuscripts. Dates previous to 1752 are old-style dates unless, as in the case ofDutch or French documents, new style is indicated. 

J. FRANKLIN JAMESON. 

Washington, October 19, 1923. 

CONTENTS

 PAGEPROVIDENCE ISLAND

 1. Commission from the Providence Island Company to Governor Nathaniel Butler as Vice-Admiral. Apr. 23, 1638 1

 2. Governor Nathaniel Butler, "Diary of My Present Employment". Feb. -Mar. , 1639 3

_LA GARCE_

 3. Articles of Copartnership in New Netherland Privateering. Dec. 4 (N. S. ), 1646 9

 4. Articles of Copartnership between Augustin Herrman and Wyllem Blawfelt. Dec. 4 (N. S. ), 1646 11

 5. Affidavit: the Capture of the _Tabasco_. July 25 (N. S. ), 1649 13

 6. Affidavit of Antonio Leon and Fyck Herry. Sept. 27 (N. S. ), 1649 14

THE _HOLY GHOST_

 7. Declaration of the Massachusetts Council. July 20, 1653 17

 8. Declaration of Governor Endicott. Aug. (?), 1653 18

 9. Deposition of Matthew Hill. Oct. (?), 1653 20

 10. Deposition of Francis Blackman and John Dukley. Oct. (?), 1653 20

 11. Letter of Governor Searle of Barbados. Nov. 4, 1653 21

 12. Order of the Massachusetts Council. Jan. 25, 1654 24

 13. Vote of the Massachusetts House of Deputies. June 10, 1654 25

THE _BLUE DOVE_

 14. Portuguese Commission (Letter of Marque) to Charles de Bils. Feb. 10 (N. S. ), 1658, Sept. 10, 1662 27

 15. Commission from de Bils to John Douglas. Sept. 20 (N. S. ), 1662 29

 16. Deposition of William Browne. June 24, 1664 30

 17. Deposition of Marcus Claesz. June 24, 1664 30

 18. Deposition of Bartholomew Martin. June 24, 1664 31

 19. Commission to James Oliver and Others. July 16, 1664 32

 20. Deposition of Daniel Sprague. July (?), 1664 33

 21. Deposition of William Browne. July 25, 1664 35

 22. Deposition of Robert Lord. July 26, 1664 36

 23. Deposition of John Hunter. July 26, 1664 37

 24. Deposition of Charles Hadsall. July 27, 1664 39

 25. Petition of John Douglas. Aug. , 1664 41

 26. Plea of John Douglas. (Aug. 8?), 1664 42

 27. Power of Attorney from Sir William Davidson. Sept. 13, 1664 44

THE _PROVIDENCE_

 28. Certificate of Cornelius de Lincourt. Apr. 12/22, 1673 46

 29. Deposition of John Johnson and Henry Harris. Apr. 26, 1673 48

 30. Petition of Edward Bant. About Apr. 28, 1673 48

 31. Order of the Suffolk County Court. Apr. 29, 1673 50

 32. Petition of Henry King. Apr. 30, 1673 50

 33. Inventory of the _Providence_. May 5, 1673 51

 34. Examination of John Johnson. May 5, 1673 61

 35. Declaration of Edward Bant and Others. May 8, 1673 62

 36. Declaration of Henry King and John Champion. May 8, 1673 64

 37. Petition of Thomas Raddon. June 10, 1673 67

THE _ST. ANTHONY_

 38. Examination of John Tooly. June 17, 1673 68

 39. Examination of William Forrest. Oct. 20, 1673 71

 40. Petition of Allwin Child. Oct. 24, 1673 72

CASE OF RODRIGUEZ AND RHODES

 41. Declaration of Thomas Mitchell. May 24, 1675 74

 42. Declaration of Edward Youreing. May 24, 1675 76

BRANDENBURG PRIVATEERS

 43. Seignelay to Colbert. May 8 (N. S. ), 1679 82

BARTHOLOMEW SHARP AND OTHERS

 44. The Buccaneers at Portobello. 1680 84

 45. The Buccaneers on the Isthmus and in the South Sea. 1680-1682 92

 46. Sir Henry Morgan to Sir Leoline Jenkins. Mar. 8, 1682 133

 47. Deposition of Simon Calderon. 1682 135

THE _SALAMANDER_

 48. Petition of Paul Sherrett and Claes Pietersen. Aug. 2, 1681 138

 49. Deposition of Samuel Button. Aug. 11, 1681 140

THE _CAMELION_

 50. Agreement to Commit Piracy. June 30, 1683 141

 51. Court for the Trial of Piracy: Commission. Sept. 15, 20, 1683 143

CASE OF WILLIAM COWARD

 52. William Coward's Plea. 1690 145

CASE OF BENJAMIN BLACKLEDGE

 53. Declaration of Jeremiah Tay and Others. Mar. , 1691 (?) 147

 54. Deposition of Epaphras Shrimpton. July, 1694 (?) 149

 55. Deposition of Jeremiah Tay. July 6, 1694 150

 56. Indictment of Benjamin Blackledge. Oct. 30, 1694 151

 * * * * *

 57. Deposition of Thomas Larimore. Oct. 28, 1695 152

CASE OF HENRY EVERY

 58. Petition of the East India Company. July, 1696 153

 59. Extract, E. I. Co. Letter from Bombay. May 28, 1695 155

 60. Abstract, E. I. Co. Letters from Bombay. Oct. 12, 1695 156

 61. Letter from Venice. May 25, 1696 159

 62. Abstract, Letters from Ireland. June 16-July 7, 1696 160

 63. Examination of John Dann. Aug. 3, 1696 165

 64. Affidavit of Philip Middleton. Nov. 11, 1696 171

 65. Deposition of Samuel Perkins. Aug. 25, 1698 175

 66. Certificate for John Devin (Bahamas). Sept. (?) 20, 1698 178

 67. Certificate for John Devin (Massachusetts). Oct. 25, 1698 179

 68. Deposition of Adam Baldridge. May 5, 1699 180

 * * * * *

 69. Warrant for Commissioning of Admiralty Judge. Apr. 29, 1697 187

 70. Proclamation of Lieut. -Gov. Stoughton. June 4, 1698 188

CASE OF WILLIAM KIDD

 71. Deposition of Benjamin Franks. Oct. 20, 1697 190

 72. The President and Council of the Leeward Islands to Secretary Vernon. May 18, 1699 195

 73. Examination of Edward Buckmaster. June 6, 1699 197

 74. Deposition of Theophilus Turner. June 8, 1699 200

 75. Memorial of Duncan Campbell. June 19, 1699 202

 76. Narrative of William Kidd. July 7, 1699 205

 77. Lord Bellomont to the Board of Trade. July 8, 1699 213

 78. Petition of Sarah Kidd. July 16 (?), 1699 218

 79. Narrative of John Gardiner. July (17), 1699 220

 80. Sarah Kidd to Thomas Payne. July 18, 1699 223

 81. Petition of Sarah Kidd. July 25, 1699 224

 82. Lord Bellomont to the Board of Trade. July 26, 1699 224

 83. The Danish Governor of St. Thomas to Lord Bellomont. Sept. 1, 1699 232

 84. Declaration of William Kidd. Sept. 4, 1699 236

 85. Lord Bellomont to the Board of Trade. Nov. 29, 1699 237

 86. Information of Henry Bolton. Feb. 4, 1701 245

 87. William Kidd to the Speaker of the House of Commons (Robert Harley). Apr. (?), 1701 250

 88. William Kidd to Robert Harley (?). May 12, 1701 252

 89. _Captain Kid's Farewel to the Seas; or, The Famous Pirate's Lament. _ 1701 253

THE _FIDELIA_

 90. Examination of William Sims. Oct. 22, 1699 257

_LA PAIX_

 91. Orders of Governor Nicholson to County Officers. Apr. 28, 1700 259

 92. Deposition of William Fletcher. May 2, 1700 262

 93. Charles Scarburgh to Governor Nicholson. May 3, 1700 264

 94. John and Adam Thorowgood to Captain Passenger. May 3, 1700 266

 95. Benjamin Harrison, jr. , to Governor Nicholson. May 4, 1700 267

 96. Governor Nicholson to Captain Passenger. May 4, 1700 268

 97. William Wilson to Governor Nicholson. May 5, 1700 269

 98. Captain Michael Cole to William Wilson. May 5, 1700 270

 99. Libel by Captain William Passenger. May 11, 1700 271

100. Deposition of William Woolgar and Others. (June 11, 1700) 272

101. Deposition of Joseph Man. (June 11, 1700) 273

 * * * * *

102. Report of Dr. George Bramston. Nov. 27, 1702 275

PRIVATEERS AT MARTINIQUE

103. Letter to _Boston News Letter_. May 8, 1704 276

CASE OF JOHN QUELCH AND HIS FELLOW PIRATES

104. Account of their Execution. June 30, 1704 278

 * * * * *

105. Deposition of Paul Dudley. Aug. 15, 1705 285

106. Commission for Trial of Piracy. Nov. 1, 1716 286

THE PIRATES OF THE _WHIDAH_

107. Cyprian Southack to Governor Samuel Shute. May 5 (?), 1717 290

108. Examination of John Brown. May 6, 1717 293

109. Deposition of Thomas FitzGerald and Alexander Mackonochie. May 6, 1717 296

110. Cyprian Southack to Governor Samuel Shute. May 8, 1717 299

111. Deposition of Ralph Merry and Samuel Roberts. May 11, 16, 1717 301

112. Trial of Simon van Vorst and Others. (Oct. ), 1717 303

113. Trial of Thomas Davis. Oct. 28, 1717 307

114. Memorial of Thomas Davis. 1717 309

115. Petition of William Davis. 1717 311

PRIZE COURTS

116. Sir Henry Penrice to the Secretary of the Admiralty. Nov. 29, 1718 312

PIRACY OF BARTHOLOMEW ROBERTS

117. EXTRACT FROM THE _BOSTON NEWS-LETTER_. AUG. 22, 1720 313

ADMIRALTY COURTS

118. John Menzies to the Secretary of the Admiralty. July 20, 1721 318

CASES OF JOHN ROSE ARCHER AND OTHERS

119. Trial of John Fillmore and Edward Cheesman. May 12, 1724 323

120. Trial of William Phillips and Others. May 12, 1724 330

121. Trial of William White, John Rose Archer, and William Taylor. May 13, 1724 338

122. Trial of John Baptis and Peter Taffery. May 13, 1724 342

123. Bill of Robert Dobney. June 2, 1724 344

124. Bill of Edward Stanbridge. June 2, 1724 345

 * * * * *

125. Petition of Nicholas Simons. May, 1725 346

126. Instructions of George II. To Captains of Privateers. Nov. 30, 1739 347

127. (Draft of) Warrant to Governors to issue Letters of Marque. Apr. 26, 1740 355

DUMARESQ _vs. _ THE _AMSTERDAM POST_

128. Record of the Admiralty Court, and Libel. July 23, Aug. 30, 1740 356

129. Sea-letter of the _Amsterdam Post_. Sept. 22, 1739 (N. S. ) 364

130. Let-pass of the _Amsterdam Post_. Sept. 23, 1739 (N. S. ) 365

131. Tonnage Certificate of the _Amsterdam Post_. Sept. 24, 1739 (N. S. ) 365

132. Aeneas Mackay's Oath as a Burgher of Amsterdam. Sept. 16, 1739 (N. S. ) 366

133. Lease to Aeneas Mackay. Oct. 2, 1739 (N. S. ) 366

134. Certificates of Master and Mate and Register. Oct. 8, 1739 (N. S. ) 367

135. Extract from Capt. Mackay's Journal. Nov. 14, 1739 368

136. Protest of Capt. Mackay. Nov. 15, 1739 369

137. Extract from Capt. Mackay's Journal. Nov. 16, 1739 370

138. Certificate of Clearance. Dec. 4, 1739 370

139. Declarations of Sailors. 1740 371

140. Certificate of British Consul in Madeira. Mar. 9, 1740 (N. S. ) 372

141. Receipt for Mediterranean Pass. May 29, 1740 (N. S. ) 373

142. Certificate of British-Dutch Vice-Consul in Teneriffe. Apr. 26, 1740 (N. S. ) 373

143. Sentence of Admiralty Judge. Sept. 1, 1740 375

THE _REVENGE_

144. Commission of Capt. Benjamin Norton as a Privateer. June 2, 1741 378

145. Journal of the Sloop _Revenge_. June 5-Oct. 5, 1741 381

146. Account of the Crew with the Owners. Oct. 30, 1741 429

147. Petition and Complaint of John Freebody. Nov. 5, 1741 431

148. Deposition of Jeremiah Harriman. Nov. 25, 1741 434

149. Deposition of Thomas Smith. Nov. 30, 1741 436

150. Decree of Vice-Admiralty Judge. Dec. 7, 1741 439

151. Appeal in Prize Case. Dec. 8, 1741 442

152. Bond for Appeal in Prize Case. Dec. 19, 1741 443

153. Case (Freebody _c. Sarah_) and Opinions of Civilians, May 17, July 10, 1742 444

154. Letters to Owner from London Agents. June 10, July 17, 1742 448

155. Decree of Vice-Admiralty Judge. July 7, 1742 450

156. Letters to Owner from London Agents. July 27, Aug. 13, 1742, Feb. 16, 1743 451

157. Account rendered by a Proctor in London. Feb. 10, 1744 453

158. John Tweedy's Bill for Medicines. Nov. 8, 1743 456

159. Account for the _Revenge_. June, 1744 461

160. Agreement: The _Revenge_ and the _Success_. Nov. 10, 1744 463

161. Inventory and Appraisement of the Prize _Willem_. June 8, 1745 465

162. A Proctor's Account. 1745 468

163. A List of Gunner's Stores 470

164. Suggestions as to plundering Hispaniola 471

THE _PRINCESS OF ORANGE_

165. Record of Trial (Libel, Bill of Sale, Owner's Letter, Bills of Lading, Declaration, Affidavit, Portledge Bill, Depositions). June 11, 1741 473

THE _YOUNG EAGLE_

166. Petition of John Jones. Dec. 30, 1741 492

THE _HAWK_

167. Vote of Privateering Crew. June 29, 1744 494

168. Petition of William Ward. 1744 495

169. Deposition of John Flood and Zechariah Foss. Aug. 3, 1744 496

170. Testimony concerning William Ward. Aug. 4, 1744 498

171. Protest of Sailors. Aug. 13, 1744 499

172. Petition of Henry Johnson. Aug. 27, 1744 501

THE _LEWIS JOSEPH_ AND THE _ST. ANNE_

173. Deposition of Jacques Piegnon. Jan. 24, 1745 502

THE _APOLLO_

174. Deposition of John Brown. Aug. 2, 1745 506

175. Deposition of Diego de Prada y Nieto. Aug. 2, 1745 508

THE _PRINCE CHARLES OF LORRAINE_

176. Deposition of Benjamin Munro and William Kipp. Apr. 23, 1746 510

177. Deposition of Daniel Vaughan. Sept. 1, 1746 513

THE _ELIZABETH_

178. Deposition of William Dunbar. May 7, 1747 514

 * * * * *

179. Petition of Edward Winter. May, 1749 516

180. Commission of a Vice-Admiralty Judge. Sept. 23, 1752 517

181. Commission of a Vice-Admiralty Judge. June 16, 1753 519

182. Warrant to try Prizes. June 5, 1756 524

183. Standing Interrogatories. 1756 525

_LA VIRGEN DEL ROSARIO Y EL SANTO CRISTO DE BUEN VIAGE_

184. Libel of Richard Haddon. Mar. 9, 1757 529

185. Deposition of Francisco Raphe. Mar. 31, 1757 533

186. Account of Sales. July 26, 1757 534

187. Deposition of Don Felipe Ybañez. Sept. 2, 1758 535

188. Libel of Felipe Ybañez. Sept. 27, 1758 542

189. Certificate of Captain-General Cagigal. Nov. 4, 1758 554

190. Deposition of William Haddon. Nov. 16, 1759 556

191. Declaration of Don Gerónimo de Medrano. Nov. 19, 1759 560

192. Declaration of Don Joseph de la Vega. Nov. 19, 1759 561

193. Declaration of Domingo de Armas. Nov. 20, 1759 563

194. Declaration of Elizabeth Berrow. Nov. 22, 1759 564

195. Reversal of Sentence by Appellate Court. Dec. 19, 1760 567

196. Appeal of Miller and Simpson. July 7, 1761 569

THE _DAGEROED_

197. Bill of Health. Nov. 9, 1757 570

 * * * * *

198. News of Privateers. May 19, 1757 571

199. Letter of William Smith, jr. Apr. 8, 1757 573

200. Letter of Stephen Hopkins. Jan. 15, 1759 575

201. Notes on Commissions for Trying Pirates. Mar. 10, 1762, Aug. 26, 1772 577

202. Articles of Agreement; the _Mars_. June 23, 1762 581

203. Certificate of a Negro's Freedom. June 26, 1762 586

PRIVATEERING AND PIRACYIN THE COLONIAL PERIOD

PROVIDENCE ISLAND. 

_1. Commission from the Providence Island Company to GovernorNathaniel Butler as Vice Admiral. April 23, 1638. _[1]

[Footnote 1: Public Record Office of Great Britain, C. O. 124:1, p. 118. This document and the next take us back to an almost-forgottencolonial experiment of the English Puritans, contemporary with theirundertakings in New England but far removed from them in locality. OldProvidence Island--to be distinguished from New Providence (Nassau) inthe Bahamas--is an isolated little island in the western Caribbeanlying off the coast of Nicaragua. It now belongs to Colombia, and isoften called Santa Catalina. In 1630 a company of English investors, desiring to found a Puritan colony, and also to oppose Spain in theCaribbean, obtained from Charles I. A patent for a large areaincluding Providence and other islands. John Pym was their leadingmember. The history of their colony is interestingly recounted inProfessor A. P. Newton's _The Colonizing Activities of the EnglishPuritans_ (New Haven, 1914). The colony became merely a base forprivateering against the Spaniards, who conquered and suppressed it in1641. Thomas Gage, who passed by the island in a Spanish ship in 1637, says, "The greatest feare that I perceived possessed the Spaniards inthis Voyage, was about the Island of Providence, called by them Sta. Catarina or St. Catharine, from whence they feared lest some EnglishShips should come out against them with great strength. They cursedthe English in it, and called the Island the den of theeves andPirates. " _The English American, or A New Survey of the West-India's_(London, 1648), p. 199. For the whole matter of West Indianbuccaneering, see Miss Violet Barbour's article, "Privateers andPirates of the West Indies", in the _American Historical Review_, XVI. 529-566. ]

Commission to Captain Butler[2] for the Admiraltie of the Island. 

[Footnote 2: Nathaniel Butler, third governor of Providence Island, sent out with a considerable expedition in April, 1638, had earlierbeen governor of Bermuda and then a member of the royal council forVirginia. ]

To all to whome theis presents shall come, we the Governor and Companyetc. Send greetinge. Wheras our gracious Soveraigne Lord King Charleshath by his Letters patent bearing date the 4th day of December in the6th yeare of his Raigne, [3] for himselfe, his heires and successors, given and graunted to us and our successors, assignes and deputies forever All Admirall rights, benefits and jurisdiccions and likewise allpriviledges and Comodityes to the said Admirall jurisdiccion in anywise appertayneinge or belonging, in and upon the seas rivers andCoastes of the Island of Providence, Henrietta[4] and all otherIslands within the Limits of his Majestys grant to us made and everieor any of them within 40 Leagues of any the said Islands and in andupon all other Rivers and Creekes within the said Limits, And likewisepower to hold and determine all manner of Causes and pleas for andConcerning the same, [5] Now know ye that we the said Governor andCompany confiding in the Fidelitie and Judgment of Captain NathanielButler, now bound in a voyage to the Island of Providence, haveelected, Constituted and deputed and doe hereby elect, constitute anddepute the said Captain Nathaniel Butler, to be Admirall of the saidIsland of Providence, Hereby giveing and graunting to the said CaptainNathaniel Butler full power and authority to doe and execute (with theadvise of the Counsell of warre which shall from time to time beestablished by us in the said Island) all matters and thingsconcerning the said place of Admirall according to the Instruccionsthat we or our successors shall from time to time give and direct forand Concerning the execucion thereof, Nevertheless reserving to ourselves all such Admirall duties as shall be payable and accomptablefor or in respect of the same, other then[6] such priviledges andbenefits as shall upon agreement betweene us and the said CaptainButler be assigned and appropriated to him, To have, hould andexercise the said place of Admirall of the said Island untill we shallotherwise dispose of the same. And we do require all personswhatsoever from time to time resideing in the said Island that shallat any tyme abide or be in the harbours, ports or Creeks of the same, to yeild and give all due obedience and respect to the lawfullCommands of the said Captain Butler as Admirall of the said Island, asthey will answer the Contrary at their perills. Given under our CommonSeale this 23th day of Aprill In the XIIII yeare of the raigne of ourSoveraigne Lord Charles, by the grace of God King of England, Scotland, France and Ireland, Defendor of the Faith, etc. And in theyeare of our Lord God 1638. 

[Footnote 3: December 4, 1630. The patent is summarized by Newton, pp. 86-90, and the part conferring admiralty rights is printed in R. G. Marsden, _Law and Custom of the Sea_ (Navy Records Society), I. 470-472. ]

[Footnote 4: Henrietta lay some sixty miles southwest of Providence. ]

[Footnote 5: A very exceptional grant of power, including the right togrant letters of marque. R. G. Marsden, "Early Prize Jurisdiction andPrize Law in England, " in _English Historical Review_, XXV. 257. ]

[Footnote 6: Than. ]

H. DARLEY, Deputy. [7] RO. WARWICK. W. SAY AND SEALE. E. MANDEVILLE. RO. BROOK. JO. PYM. JO. GOURDEN. 

[Footnote 7: The signers are as follows. Henry Darley, deputytreasurer, a Yorkshire squire, was a conspicuous Puritan and anintimate friend of Pym. Robert Rich (1587-1658), second earl ofWarwick, afterward a chief leader of the Puritans in the Civil War, and lord high admiral under Parliament, had before this beenconspicuous in privateering and colonial ventures, and president ofthe Council for New England. Viscount Saye and Sele (1582-1662) andLord Brooke (1608-1643), eminent Puritan and Parliamentarian lords, are best known in American history as patentees of the Saybrookcolony, but were much more deeply interested in the Providence Islandventure. Edward viscount Mandeville (courtesy title borne until hisfather's death in 1642) is better known as the second earl ofManchester (1602-1671), the celebrated Parliamentarian general. JohnPym needs no identification. John Gourdon or Gurdon was an EastAnglian squire, neighbor of John Winthrop of Groton. ]

_2. Governor Nathaniel Butler, "Diary of my Present Employment". February-March, 1639. _[1]

[Footnote 1: British Museum, Sloane MSS. , 758; pp. 143-173 containGov. Nathaniel Butler's "Diary of my Present Employment", extractsfrom the earlier part of which are given here, exhibiting the dealingsof a minor colonial governor with problems of privateering, andincidentally somewhat of his daily life. The whole journal runs fromFebruary 10, 1639, to May 3, 1640, and is largely occupied with anunsuccessful privateering voyage in the Caribbean which the governorundertook on his own account. England was not at war in February, 1639, but war had long existed between Spain and the Netherlands, andthe depredations carried out from Providence were sure ultimately toprovoke Spanish reprisals. It was moreover almost an accepted maximthat there was "No peace beyond the Line", _i. E. _, west of the primemeridian and south of the Tropic of Cancer. ]

[_February_] 13. Wee hadd an alarme this morneinge, and in regard thatthe sayle that wee made came to an Anchor close without our Rockscalled the Breakers, wee sone found that she was a stranger and inperill: wherupon I sent out two shalopes well manned and followedmyself in the thirde: and by the waye wee mett with her bote beingonly a Canow in which all of her men wer come off from her and lefther alone; But wee tooke two of her men backe with us to the shypp;and sent two of my Botes to bring her into the Harbour;[2] the whichwas done: Wee founde her to be a Spanish Frigate, taken by a man ofWarre of Flushinge off of Cuba. She was laden with mantega dePorco, [3] Hides and tallowe; their resolution was to have carried herto St. Christophers, [4] and ther to have sold her Goods, but being notable to fetch itt, she was forced to beare up for our Iland; and butfor us had wracked upon our rocks; shee was manned with eight men; andthe man of warre that tooke her haveinge dispatched her as he thoughtfor St. Christophers, remained upon the Coast of Hispaniola to lookeout for more purchase:[5] and in the meantime, little knows what isbecome of his Prize. 

[Footnote 2: The harbor, and the town of New Westminster, were on thenorthwest side of the island. There is a map in Newton, opp. P. 12. ]

[Footnote 3: Lard. ]

[Footnote 4: St. Christopher's was at this time occupied jointly bythe English and the French. ]

[Footnote 5: In the old sense of prey or plunder. ]

14. I dined at Captain Morgan's. After dinner the Councell of Warrewer assembled at my house; wher some propositions wer considered offtouchinge the new come Dutche; as alsoe about some redresses inrespect of wronngs pretended to be offred by our Pillageinge seamen. 

15. I was att Warwicke Fort[6] this morneinge, wher I called aCounsell of warre; and the new come in Dutche presented a coppy oftheir Commission signed by the Prince of Orange and the Dutche WestIndia Company. After dinner being newly returned home, wee hadd analarme, upon the discovery of a sayle; and I went presently out in myshalope and sent Captaine Axe out in his shalope to make a discoveryeupon her; she proved to be another smale man of warre of Hollandwhich had bin long upon the coast of the terra firma;[7] and haddgotten nothinge; towards the eveninge she came to an Anchor in ourHarbour. This vessell comeinge to the Ronchadores (it being only adesolate barren rocky sande twentie leagues to the eastwards ofProvidence, which is the nearest land unto itt)[8] found ther anEnglishman the which with some others being in a smale frigate wershypwracked upon itt, some of them gott awaye upon two rafts of whichthe one of them was never hearde off; Thoes upon the other raft werdriven upon the maine-land of the West-Indies, and soe att last gotthome. This man with some others remained upon the sande and rocks;wher att last all of them died save this man only; who after he haddremained ther two yeares and a halfe of which for ten monethes space, after the deathe of all the rest, he lived solitarily and all alone, being only fedd with such sea foules as resorted to the place, andsometimes some fish, he was thus taken and brought home unto us ingood healthe and very lusty. 

[Footnote 6: Warwick Fort overlooked the harbor from its north side. Capt. Samuel Axe, mentioned below, a soldier of the Dutch wars, hadmade the fortifications of the island. ]

[Footnote 7: Tierra Firma, the Spanish Main, or north coast of SouthAmerica. ]

[Footnote 8: Roncador means snorer; the cay is still called by thatname. The story of this man's shipwreck and preservation figures inIncrease Mather's _Essay for the Recording of Illustrious Providences_(London, 1684), ch. II. The famous U. S. S. _Kearsarge_ was wrecked onthe Roncadores in 1894. ]

16. I went very early this mornenige to the greate Baye, wher myworcks went forwards well and almost to my wish. In the afternoonebeing returned home, I spent some houres in the hearinge of diverscontroversies amongst the Inhabitants. Towards night the Commander ofthe Dutche Vessel that came into our Harbour the daye before presentedhimself unto me and shewed me his Commission signed by the Prince ofAurenge:[9] His errand hither was to find and stoppe a leake; haveingebin foure or five monethes upon the coast, and gotten noethinge. Thismorneing also, another of the new Companyes was in their Armes, uponthe great Baye; and exercised by Captain Carter[10] in my presence, and did well. 

[Footnote 9: Orange. ]

[Footnote 10: Capt. Andrew Carter succeeded Butler, as deputygovernor, and lost the island to the Spaniards. ]

17. Upon this Lorde's daye I was in the morneinge and eveninge at Mr. Sherrard's Churche, [11] who preached unto us, at both times. After theafternoone's sermon, the poore man that was soe hapely recovered fromthe Ronchadores, was introduced by Mr. Sherrarde to make a publickethanksgiveinge to God for his deliverance with a confession ingenerall tearmes of his former vicious life, and a promise of futureamendment. An act very commendable in itselfe, and a Course fullyapprovable: Though itt now brought to every man's minde andobservation, that whereas the apparent evidence of God's mercye in ashighe or higher a nature hadd been manifested towards Captain Axe andhis company in his escape from the enemie, to thoes five persons thatcame safe unto us, in an extreme leakinge bote, from St. Christophers;And towards the fortie nine persons that arrived safely with us fromthe Barbadoes;[12] And all this done within the space of fouremonethes; that none of all this should have bin remembered by Mr. Sherrard, in the same kinde; as if the safe-being of this one onlyman, had either bin of more remarkableness in itselfe, or of moreacceptableness with him than all the others putt togither. . . . 

[Footnote 11: Rev. Hope Sherrard, one of the two ministers of theisland, and a rigid Puritan, which Governor Butler was not. ]

[Footnote 12: Apparently the party led, through remarkable adventures, by the other minister, Rev. Nicholas Leverton. See Calamy, _Nonconformists' Memorial_, I. 371. ]

21. Early this morneinge I went out in my shalope to Darlies Fort[13]to looke out for the vessells that wer made the eveninge before and bysunne riseinge wee againe made them five leagues out to sea standeingein with our Harbour; and by ten of the clocke they came ther to anAnchor: and one of them proved to be the Pinnace called the _Queene ofBohemia_[14] that I had sent out about five weekes before to looke outfor Purchase upon the coasts of the maine; the other was a SpanishFrigate which she hadd made her Prize. I dined this daye at aweddinge. 

[Footnote 13: At the extreme north point of the island. ]

[Footnote 14: The queen of Bohemia for whom the pinnace had been namedwas the princess Elizabeth, the ill-fated daughter of James I. ]

22. The Captaine of our last arrived Pinnace came unto me andcertified me concerneinge his voiage, and the takeinge of his Prize;and I gave him some Advices about the orderinge of every man's shares:And upon this daye all the montega de Porco, and the Tallow that camein the first Dutche was sold to the people att reasonable rates. . . . 

25. One of our new Companys was exercised upon this daye, by CaptaineHunt;[15] I went aborde our new prize, to sett downe orders, upon theBreakeinge of Bulke; And the Prize Goods began this morneinge to beunshypped, into our Store House. I hadd many Bussinesses brought aforeme this daye, and found trouble ynough in decideinge of them. 

[Footnote 15: Capt. Robert Hunt, governor 1636-1638, and anexperienced soldier. ]

26. Our new erected Company of Voluntiers exercised this morneinge, att our new exerciseinge place, and all the Captaines dined with me:In the afternoone, I called a Counsell of warre, where orders wer settdowne and given to the Captaines of the Fortes about makeing of allshotts att the comeinge in of shypps: Witnesses wer also examined inthe Court of Admiraltie[16] about the new come in Prize, and apreparation made to an Adjudication. I hearde, determined and appeaseddivers differences, which might have produced ill bloud. 

[Footnote 16: The preceding document associates the council of war inthe governor's exercise of admiralty jurisdiction. ]

27. Very early this morneinge, I found worcke ready for me to heareand decide divers complaincts between the Inhabitants. Some of theCounsell of Warre dined with me; presently after dinner I caused aProclamation pro forma to be made by sound of the Drumme, concerningethe Bussinesse of our new gotten prize: viz, That if anyone could makea claime to any of the said Prize goods or saye anything whyadjudication of her being lawfull Prize should not be granted; theyshould come in by such a daye and should be heard accordinge toJustice. This afternoone all our Prize Goodes being landed, I went tothe Store-house to see equall divisions made; And the Lordesfiftes[17] wer first layde aside; and then my dues as Admirall, andCaptaine Axe's as Vice Admirall; and then some shares wer deliveredaccordinge to every man's part, to the common marriner[s]; and allthe Tobacco belonginge to them, was shared and delivered. 

[Footnote 17: Dues to the proprietors, under their patent. ]

28. We wer all this daye busied att the Store-House in the shareingeof the dues to the Shyp-Company, out of the Prize Goods; and inproportioninge the Honorable Companye's Fiftes; and mine owne Admirallduties, and the Vice Admirall's, Captain Axe. . . . 

[March] 2. The Commanders and merchants of the Dutch men of warredined with me this daye: our new prize Frigate by the presumption ofher master in takeinge awaye without leave an Anchor and a Cable fromher, which he claimed to be his due, and which she rode by in theHarbour, was driven ashore; for which fact he was cited to an AdmirallCourt. . . . 

4. I called a Court of Admiraltie this morneinge; and empannelledtwelve seamen, to deliver their verdict, concerninge a misdeameanourcommitted by a master of a shyp, in takeinge awaye a Cable and anAnchor from a vessell rideinge in the Harbour; wherby the said vessellwas driven on grounds and in perill to be lost: but thes Jurors provedthemselves soe absurde and ignorant as sone made me finde the miserieof trialls in these dayes by such kinde of men: And it now produced anOrder in a session of the Counsell of Warre in the afternoone, wherebyall future crimes and commissions of this nature wer made punishableanother waye. A new officer in the nature of a fiscall or Advocate[18]in our Court of Admiraltie was elected and sworne this daye. 

[Footnote 18: Representative of the crown or proprietors. ]

5. The Prize Vessell that was driven aground was gotten off safe thismorneinge, wherby the penalties inclifted[19] by the verdict in theAdmiraltie Court in case it hadd perished, wer taken off. 

[Footnote 19: Inflicted. ]

_LA GARCE. _

_3. Articles of Copartnership in New Netherland Privateering. December4 (N. S. ), 1646. _[1]

[Footnote 1: New York State Archives, Albany; Dutch Manuscripts, vol. II. , p. 153. The dates in the four New Netherland documents whichfollow are new style dates. The privateer _La Garce_, of Frenchorigin, began its connection with New Netherland as early as 1642, from 1644 was chiefly owned there, and from these dates to 1649, oreven 1656, was an object of pecuniary interest and investment to aconsiderable number of New Amsterdam men. Many documents among theDutch papers at Albany relate to her; they show Dutchmen, Frenchmen, and Spaniards as sharing in her captures. ]

Compareerde voor my Cornelis van Tienhoven Secretarius van wegen deGenerale Geoctroyeerde Westindise Comp'e in nieu nederlandtgeadmitteert den E. Heer Willem Kieft Directeur General van nieunederlandt, synde inde voorschreven qualite voor Rekeninge van dewelgedachte Comp'e een meedereder in de fregadt de _la Garce_, Dewelcke nevens alle de naergenoemde persoonen bekende te Hirrideerenin dito Fregat een recht achste part, Jan Damen Ingelycx een rechtachste part, Jacob Wolphersen de somma van vyftien hondert gulden, Marten Crigier een gerecht sestiende part, Jacob Stoffelsen elfthondert gulden, Hendrick Jacobsen pater vaer een achste part, HendrickArentsen de somme van dertien hondert gulden, Capitain WillemAlbertsen blauvelt een Recht achste part, Cristiaen Pitersen Ramsveertien hondert gulden, Willem de key een Recht sestiende part, Adriaen dircksen een Recht twee ende dertichste part, Welckevoornoemde Somme ende parten de voornoemde Persoonen als gemeeneReders yder voor haer Particulier hebben gedaen ende Hirrideeren opWinst ende Verlies, ende is desen gemaeckt ende getekent omme intoecomende hunl[ieden] daer van te connen dienen ende Weten Wat yderReder voor syn Winst vande uytgeleyde pen[ningen] te vorderen mochthebben. T'Oirconde ende teken der waerheyt is desen by de voornoemdeReeders getekent, den 4e desember 1646. In Nieu Nederlandt. 

CHRISTIAEN PIETERSZ. JAN JANSZ DAMEN. WYLLEM BLAUFELT. MARTIN CREGIER. JACOB VAN COUWENHOVEN. Dit ist [X] merck ADRIAEN DIRCKSEN COEN. Van HENDRIC ARENTSEN WILLEM DE KEY. 

dit ist merck [P over +] vanHENDRIC JACOBSZ P. VAER. 

[circle with horizontal line, +, top right corner bracket]dit ist merck vanJACOB STOFFELSEN. 

In kennisse van myC. V. TIENH. Secret. 

_Translation. _

Appeared before me, Cornelis van Tienhoven, [2] authorized secretaryfor the Chartered West India Company in New Netherland, the HonorableWillem Kieft, Director General of New Netherland, [3] being in thatcapacity partner in the frigate _La Garce_ on account of the aforesaidCompany, who together with all the persons named hereafteracknowledged that he was taking a share of one just eighth part in thesaid frigate, Jan Damen likewise a just eighth part, Jacob Wolphersenthe sum of 1500 gulden, Marten Crigier a just sixteenth part, JacobStoffelsen 1100 gulden, Hendrick Jacobsen Pater Vaer an eighth part, Hendrick Arentsen the sum of 1300 gulden, Captain Willem AlbertsenBlauvelt[4] a just eighth part, Christiaen Pitersen Rams 1400 gulden, William de Key a just sixteenth part, Adriaen Dircksen a justthirty-second part, which aforesaid sums and parts the aforesaidpersons, as owners in common, each on his own account, have investedand ventured, for profit or loss, and this [declaration] is made andsigned in order to serve them in the future and to know exactly whateach owner may have a right to demand for his profit on the moniesinvested. In witness and token of the truth this is signed by theaforesaid owners, December 4, 1646, in New Netherland. 

[Footnote 2: Book-keeper under Director van Twiller (from 1633), provincial secretary under Kieft, _schout fiscaal_ under Stuyvesanttill 1656. ]

[Footnote 3: Director-general 1637-1646. Of the other partners, JanJansen Damen, Jacob Wolfertsz van Couwenhoven, and Martin Cregier wereamong the leading citizens of New Amsterdam. The total venture seemsto have been about 14, 000 gulden, say $5600 (worth much more then). ]

[Footnote 4: Two Blauvelts or Blawfelts, Albertus and Wyllem, apparently father and son, appear in the records of the ProvidenceIsland Company (document 1, note 1). The former discovered the inleton the Mosquito Shore, excellent for buccaneers, which is still calledby his name, Blewfields Bay, in Nicaragua. After the Spanish conquestof Providence in 1641, Wyllem Blawfelt took to privateering, and, aswill be seen, pursued it too long. ]

CHRISTIAEN PIETERSZ. JAN JANSZ DAMEN. WYLLEM BLAWFELT. MARTIN CREGIER. JACOB VAN COUWENHOVEN. This is the [X] mark ADRIAEN DIRCKSEN COEN. Of HENDRIC ARENTSEN. WILLEM DE KEY. 

this is the [P over +] markof HENDRIC JACOBSZ P. VAER. 

[circle with horizontal line, +, top right corner bracket]this is the mark ofJACOB STOFFELSEN. 

Acknowledged before me, C. V. TIENH. Secret. 

_4. Articles of Copartnership between Augustin Herrman and WyllemBlawfelt. December 4 (N. S. ), 1646. _[1]

[Footnote 1: New York State Archives, Dutch Manuscripts, vol. II. , p. 153. ]

Wy ondergeschreven bekennen geaccordeert ende verdragen te wesen indefregat de _la Garce_ op Winst ende verlies te hirrideeren, de sommavan seventien hondert drie ende t'seventich gulden waer van SrAugustyn een rechte seste [substituted for _sestiende_, erased] partHirrideert onder den naem van Willem Aelbertsen Blauvelt, die bekentde voornoemde Somma uyt handen van Augustyn Heerman ontfangen tehebben ende belooft, soo Godt de heere hem Capitain Willem Albertseneen ofte meer prysen t'sy groot ofte cleen verleent van dese reyse, aende voornoemde Sr. Augustyn off syn Ordre uyt te keeren een gerechteseste [clerk wrote first _sestiende_] part vande veroverde Goederenuyt syn een achtste part. Ende soo t gebeurde, dat Godt verhoede, datde barcque verlooren wiert, sal den voornoemden Sr. Augustyn niets opCapitain Blauvelt te pretenderen hebben. Aldus gedaen ende getekent de4e desember a'o 1646. In nieu Amst. 

 AUGUSTIN HERRMAN. WYLLEM BLAWFELT. In kennise van my CORNELIS VAN TIENHOVEN, Secret's. 

_Translation. _

We the undersigned acknowledge that we have consented and agreed toinvest in the frigate _La Garce_, for profit or loss, the sum of 1773gulden, of which the Sieur Augustyn[2] ventures the sixth [substitutedfor _sixteenth_, erased] part in the name of Willem AelbertsenBlauvelt, who acknowledges that he has received the aforesaid sum fromthe hands of Augustyn Heerman and promises, if God the Lord grants tohim, Captain Willem Albertsen, on this voyage one or more prizes, whether great or small, to turn over to the aforesaid Sieur Augustynor his order a sixth [the clerk wrote first _sixteenth_] part of thecaptured goods out of his own eighth part. And if it shall happen, which God forbid, that the bark should be lost, the aforesaid SieurAugustyn shall have nothing to claim from Captain Blauvelt. Done andsigned December 4, 1646, in New Amsterdam. 

[Footnote 2: Augustin Herrman was a Bohemian of Prague, who had servedin Wallenstein's army, had come out to New Netherland in 1633 as agentof a mercantile house of Amsterdam, and had become an influentialmerchant. A man of varied accomplishments, he made for Lord Baltimorea fine map of Maryland, and received as his reward the grant ofBohemia Manor. ]

AUGUSTIN HERRMAN. WYLLEM BLAWFELT. 

Acknowledged before me, CORNELIS VAN TIENHOVEN, Secretary. 

_5. Affidavit: the Capture of the Tabasco. July 25 (N. S. ), 1649. _[1]

[Footnote 1: New York State Archives, Dutch Manuscripts, vol. III. , p. 44. ]

Wy ondergeschreven (alle t'samen gevaren hebbende met d'fregat de _lagarce_ daer Capetain op is Willem Albertsz Blaeuvelt, gecruysthebbende inde West Indisch) attesteeren, getuigen ende verclaren inplaets ende belofte van Solemneelen Eede, des noots synde, hoe datwaer ende waerachtich is, dat wy verovert hebben inde reviere vanTabasko een bercke genaemt _Tabasko_ vande Spanjaerde, welckespanjaerden ons niet vermaende van eenige vreede noch treves dietusschen den Coninck van Spanje ende haere H. Mo. Gemaeckt soude syngeweest, noch dat wy van geene vreede geweeten noch gehoort hebben. Alle t'welcke wy ondergeschreven verclaren alsoo waer ende waerachtichte weesen, presenteerende t'selve, des noots synde, altoos met Eede teverifieeren. Ady desen 25en July a'o 1649. N. Amst. 

dit ist [X] marck vanHENDRICK ARENTSZ, Luytenant. KEMPO SYBADA. RAIPH CLARCK. Dit merc _eese_ is gestelt byANTONY DE MOEDES, Spaenjaert. 

_Translation. _

We the undersigned, having all voyaged together in the frigate _LaGarce_, of which Willem Albertsz Blaeuvelt is captain, having cruisedin the West Indies, testify, witness, and declare, in place and underpromise of solemn oath if need be, that it is true and certain, thatwe captured from the Spaniard, in the river of Tabasko, [2] the barknamed _Tabasko_, which Spaniard did not notify us of any peace ortruce concluded between the King of Spain and their High Mightinesses, nor had we known or heard of any peace. [3] All which we theundersigned declare to be true and certain, offering also if need beto verify it under oath. This 25th of July, 1649, in New Amsterdam. 

[Footnote 2: A river of southern Mexico, flowing into the Gulf ofCampeche; in all but its lower portion it is now called the Grijalva. ]

[Footnote 3: The deposition of William Nobel, surgeon of the _LaGarce_ (_N. Y. Col. Docs. _, I. 398), shows that the _Tabasco_, "ladenwith grains of paradise", was captured on April 22, 1649, and thatanother prize was taken on July 5, and confirms the narrative given inthe next document. Yet peace had been concluded January 30 (N. S. ), 1648. Roger Williams writes to John Winthrop, jr. , October 25, 1649, referring no doubt to the prize mentioned in the next document, "Blufield is come to Newport and is carrying the ship (his prize) toMunnadoes [Manhattan], having promised the Governor to answer it tothe Spaniard if demaunded, because she is taken against the Treves"(truce, peace); _Mass. Hist. Soc. Coll. _, fourth ser. , VI. 272, 274. ]

This is the [X] mark ofHENDRICK ARENTSZ, Lieutenant. KEMPO SYBADA. [4]RAIPH CLARCK. This mark _eese_ is made byANTONY DE MOEDES, Spaniard. 

[Footnote 4: The pilot of the privateer. The _Records of the QuarterlyCourts of Essex County, Massachusetts_, I. 314-319, show Captain KempoSybada as dwelling in the next ensuing years at New London and onBlock Island, and as suffering in his turn from the depredations ofprivateers. He died in London in 1659. ]

_6. Affidavit of Antonio Leon and Fyck Herry. September 27 (N. S. ), 1649. _[1]

[Footnote 1: New York State Archives, Dutch Manuscripts, vol. III. , p. 65. ]

_Copie_

Compareerde voor my Jacob Hendricksz Kip Clercq by den E. Hr. Dr. Generael ende E. Raaden van Nieu neederlant geadmiteert, Antony Leongeboortich inde Mayorke out 26 Jaaren Spanjaert ende Fyck Herrygeboortich van Ierlant in Castilhaven out ontrent 21 Jaaren, passagiers overgecomen uyt Capetain Flip drest syn Barcque indebarcque van Willem Albertsz Blaeuvelt, attesteeren, getuygen endeverclaren, in plaets ende presentatie van Eeden ten versoecke vandeGemeene Reders van d'Fregat de _La Garce_, daer Capetain op was WillemBlaeuvelt voornoemt: hoe dat waer ende waerachtich is, dat syattestanten weesende op des selfs Capetain Blaeuvelts barcque, gesienhebben ende hun noch wel bekent is, als dat op den achtienden July1649 in de Bocht van Compechie alwaer quaem des avonts een Schip, welcke sy dochten dat het de barcque ofte prys van Blaeuvelt was, waerover Blaeuvelt datelyck seyl maeckte, ende draeyde hem op de Laey, omdat sy haer best soude kennen: welcken blaeuvelt de prinse vlagge vanbooven ende achteren liet wayen: Hy haer niet verwachtende maer synbest doende om van haer te koomen: des s'nachts ongeveer ten Elf uyrensyn sy by hem gekoomen, doen riep blaeuvelts Cartiermeester genaemtGerrit Hendricksz: Flip, Flip, Maet Flip, welcken geen ant[woor]t enkreegh, roepende, Stryckt voor de Prins van Orangie: Antwoorde, Stryckt voor de Coningh van Spanjen: ende schoot met schut datelykvier schooten; het vyfde stuck weigerde ende het seste gingh af opBlaeuvelt: sonder dat by Blaeuvelt Its claer gemaeckt hadde: WelckenBlaeuvelt resolveerde om by de Wint te steecken om naer syn volck tegeraecken: alle t'welcke wy attestanten voornoemt verclaren alsoo waerende waerachtich te weesen, presenteerende t'selve, des versochtsynde, met Eede te verstercken. Ady desen 27 September 1649, optEylant d'Manhatans In Nieu Neederlant. Was onderteckent by dusdanichmerck [sideways H] daer by geschreven: Dit is het merck van FyckHerry, selfs gestelt: dusdanich teycken [dash, sideways S] daer bygeschreven dit is het merck van Antony Leon Spanjaert selfs gestelt. Nevens Albert Cornelisz ende t'merck van Nicolaes Stilwil, byde alsgetuygen vande waerheyt des bovenstaenden onderteckenden Mercken:onderstont In Kennisse van my, Jacob Kip geadmiteerde Clercq. 

Naer Collatie is deese met syne principale gedateert ende geteckentals boven accordeerende bevonden by myn Jacob Kip Clercq ten overstaenvan Francooys Noyret: ende ---- getuygen, hier toe versocht desen ----Sept 1649 Int fort Amst. In N. Neederlandt. 

FRANSSOYS NOIRET, getuyge. 

_Translation. _

_Copy_

Appeared before me Jacob Hendricksz Kip, [2] authorized clerk to theHonorable Director General and Honorable Council of New Netherland, Antony Leon, native of Majorca, 26 years old, Spaniard, and FyckHerry, native of Castlehaven in Ireland, about 21 years old, passengers, who came from Captain Flip Drest's bark into the bark ofWillem Albertsz Blaeuvelt, who testify, witness, and declare, in lieuand on offer of oaths, at the request of the joint owners of thefrigate _La Garce_, of which the above-named Willem Blaeuvelt wascaptain, that it is true and certain that they, the deponents, beingin the said Captain Blaeuvelt's bark, saw, and they recollect verywell, that upon July 18, 1649, in the bay of Campechie, [3] there camein the evening a ship which they thought to be the bark or prize ofBlaeuvelt, whereupon Blaeuvelt immediately made sail, and turned tothe leeward in order that they might the better make her out. The saidBlaeuvelt ran up the Prince's flag above and at the stern, not waitingfor her, but doing his best to get away from her. About eleven o'clockat night she came up to him, when Blaeuvelt's quartermaster, namedGerrit Hendricksz, called: "Flip, Flip, mate Flip", but received noanswer and then cried out, "Strike for the Prince of Orange!"[4] [TheSpaniard] answered, "Strike for the King of Spain!" and immediatelyfired with cannon four shots. The fifth piece failed to go off. Thesixth shot struck Blaeuvelt's ship, without his having made anypreparations [to fire]; said Blaeuvelt resolved to sail close to thewind in order to get to his people. All which we deponents aforesaiddeclare to be true and certain, offering on demand to confirm the sameby oath. This 27th of September, 1649, on the Island of Manhattan inNew Netherland. Signed with a mark of the following shape, [sidewaysH], against which is written, "This is the mark of Fyck Herry, made byhimself"; a mark of this sort [dash, sideways S] against which iswritten, "This is the mark of Antony Leon, the Spaniard, made byhimself"; then, "Albert Cornelisz", and the mark of NicolaesStilwil, [5] both as witnesses of the genuineness of the above marks;and beneath, "Acknowledged before me, Jacob Kip, authorized clerk". 

[Footnote 2: From whom Kip's Bay (East River, about Thirty-sixthStreet) is named. ]

[Footnote 3: Between Mexico and Yucatan. ]

[Footnote 4: _I. E. _, strike ensign and topsail. ]

[Footnote 5: Albert Cornelisz was a magistrate of Brooklyn; NicholasStilwell, of Gravesend. ]

After comparison with its original, dated and signed as above, thisis found to agree, by me, Jacob Kip, clerk, in the presence ofFrancooys Noyret and [_blank_] requested as witnesses hereto, this[_blank_] September, 1649, in Fort Amsterdam in New Netherland. 

FRANSSOYS NOIRET, witness. [6]

[Footnote 6: It was judicially decided later that the _Tabasco_ wasnot a good prize. A ray of light is cast on Blauvelt's latter end byan item in an enumeration of English buccaneers in 1663 found amongthe Rawlinson manuscripts in the Bodleian Library, "Captain Blewfield, belonging to Cape Gratia de Dios [Gracia á Diós, Nicaragua], livingamong the Indians, a barque, 50 men, 3 guns. " Haring, _Buccaneers_, p. 273. ]

THE _HOLY GHOST_. 

_7. Declaration of the Massachusetts Council, July 20, 1653. _[1]

[Footnote 1: Massachusetts Archives, vol. 60, p. 175. The document isa declaration of the Court of Assistants acting in its executivecapacity, as a council. ]

Att A Counsell held at Boston 20th July 1653. 

Captaine Robert Harding[2] presenting unto us a certificate in theDutch language with the seale of Amsterdam affixed to it that the shipcalled in the certificate the _holy ghost_ togather with the skipperthereof did belong unto the united provinces (Although at the firstarrivall of the s'd ship diverse rumors were spread which did renderthem suspitious to have unjustly surprised the s'd ship) whereupon theCounsell thought it there duty to enquire into the matter, yet havingnow examined the s'd Captaine and Considerd the Certificate afores'dtogether with a charter partie found in the s'd ship, Wee doe declarethat wee have nothing wherewith to charge the sd Capt. Or the companybut have discharged the said Captaine and the rest of the companyheere, together with their clothes, And therfore doe signify unto themthat they have free liberty to enter our harbours where they shallhave protection from all injuries and liberties of free trade withany of our inhabitants as any other ships whatsoever have had amongstus. 

[Footnote 2: Capt. Robert Harding, now of Ratcliff, London, was wellknown in Boston, being, apparently, the same who came out withWinthrop, went to Rhode Island, was an assistant there, and thenreturned to England. ]

20 July 1653. A True Coppie of the paper was signed by written to the Capt and CompanyJNO. ENDECOT, Gov. Of the dutch prise--20th ofRIC. BELLINGHAM, Dept. Gov. The 5th mo. 1653. [3]INCREASE NOWELL. EDWARD RAWSON, Secret'y. SYMON BRADSTREET. SAMUELL SYMONDS. ROBT. BRIDGES. JNO. GLOVER. DANIELL GOOKIN. DANIEL DENISON, Maj'r Gen'll. 

[Footnote 3: The fifth month, in the reckoning usual among the Englishat this time, was July, March being the first. The civil year began onMarch 25. ]

_8. Declaration of Governor Endicott. August (?), 1653. _[1]

[Footnote 1: Mass. Archives, vol. 60, p. 174. ]

To all whom these presents may concerne, greeting etc. 

Know yee that the ship called the _holy gost_ of Amsterdam of theburthen about 160 tune beeing taken as a prize and carried away out ofthe Roade of the Iland of Barbados by some seamen and some plantersand Inhabitants of the said Iland, the said Ship and company in theirsayling Faling upon the coasts of new England were mett with at seaabout 50 leagues from our harbor of Boston in great extremity, wantingprovision, by a ship bound from London to our Ports whoe supplied themfor there present need and pilatted them into one of our harborscalled Natasket[2] where there is not a fort to bring a ship underCommand. The Councell hearing of such a ship lying there sent to theCapt and company of the said ship and invited them to come into ourharbor at Boston, they being afrade so to doe by reason (as theCouncell was enformed) they were told that if they came into theharbor the Capt and Company should bee imprisoned and the ship seased. Afterwards the Capt coming a shore, as alsoe some of the company, theCapt was arrested and some of the company were imprisoned, who wereexamined apt [apart] what ship it was they had taken and whence sheewas, whither of Holland or of Spayne, [3] or wheather they had used anycruelty to any of the Company they tooke, either by wounding, killingor setting any of them ashore upon any Iland or other place to theendangering of there lives. They all agreed in one relation that nosuch thing was done by them or any man hurt, And there beeing not anyperson heere to enforme against the[m] and they making it appeare by adutch certificate under the seale of Amsterdam and by other dutchwritings w'ch are extant with us found in the seisd ship, that sheewas a dutch ship of Amsterdam sett out by diverse Marchants of thatcitty, the councell released the said Capt and the rest w'ch had beeneinprisoned, And sent to the rest of the ships company that they mightfreely come into our harbor, where they should have trafficke andprotection from all Injuries and liberty of trade with any of ourinhabitants as any other ships whatsoever, the ship afterwards cameinto Salem harbor, [4] And the Governor gave order to have the wholeCargo of goods to be brought ashore, that theire might bee a trueInvoyce taken thereof, that the state of England[5] might have thetenth. And the rather because it was reported to be a vessell of greattreasury And the account thereof might be expected from the goverment, being brought in to this Jurisdiction, And to the end there might bethe better satisfaction given to such as might inquier after it. InWittnesse of the premisses I have hereunto sett my hand and caused theseale of the Colony to be afixed. 

[Footnote 2: Nantasket. ]

[Footnote 3: England and the Dutch were now at war (1653-1654), andthe ship if Dutch might be good prize, but there was no war withSpain. ]

[Footnote 4: There are several entries regarding it in the _Records ofthe Essex Quarterly Courts_, I. , but under the name of the _HappyEntrance_. ]

[Footnote 5: The Commonwealth government. ]

This is A true Coppie Compared with the originall

per EDWARD RAWSON, Secret'y. 

[The words "Jno. Endecott Gov'n'r and the seale of the Colony" appearin the margin. ]

_9. Deposition of Matthew Hill. October (?), 1653. _[1]

[Footnote 1: Mass. Archives, vol. 60, p. 172a. ]

Mathew Hill aged 30 yeares and upwards deposeth and sayth

That upon the seaventh day of May 1653 last past aboute two of theclock in the afternoone of the same day The Prize-men and company thattake the Spanish Ship out of Carlile Roade in Barbados, [2] there beingat that tyme when shee was taken eight men of the shipps owne companyon board when they tooke her (as the Gunner thereof informed thisdepon't) and that two of them leaped over board, w'ch were taken up byother shipps, and that they tooke thother six men with them, and wereexpected to have beene sent on shore back againe, but they cume notnor were ever heard of (by any meanes that this depon't couldunderstand of) in foure months tyme whilst this depon't resided inBarbados after the ship was so taken, nor is yet that this depn'theares of. And this depon't further sayth That the Spanyord reportedthat there was a chest of gold dust six foote long and another chestof Jewells and Pearles, but named not how bigg it was, and seavenhogsheads of peeces of eight, [3] besides all other traffick that wasin the said Shipp, And sayth that the Pylate of the said shippaffirmed that if there were Thirty men of them their share would cometo one thousand pounds a peece, And also sayth That the Gunner of thesaid Ship being an Englishman (and this depn'ts country man) informedthis depon't That his owne share in the said Shipp was worth eighthundred pounds sterl. 

[Footnote 2: Carlisle Road or Bay is the roadstead of Bridgetown, Barbados. ]

[Footnote 3: Spanish dollars, pieces of eight reals. ]

MATHEW HILL. 

_10. Deposition of Francis Blackman and John Dukley. October (?), 1653. _[1]

[Footnote 1: Mass. Archives, vol. 60, p. 173. ]

Mr. Francis Blackman, aged 60 yeares or there about, and mr. JohnDukley aged 4[_illegible_] yeares or there abouts, doe joyntly andseverally depose and say That in the month of May last past There wasa Spanish Ship, as it was affirmed to be, taken at Barbados by acompany of men that were some of them there resident and some of theminhabitants there, wherein there was eight men of the shipps companywhen it was taken, and two of them leapt over board and were taken upby other shipps but six of them were taken away with them in the saidshipp. And there was a flying report that they were come on shoareagaine the same day, but the constant report was that they were not, neither was any of them seene by these depon'ts after they werecarryed away whilst these depon'ts remayned in Barbados, w'ch wasfoure months after. 

FRANCIS BLACKMAN. 

JOHN ID DUKLEY. His marke

_11. Letter of Governor Searle of Barbados. November 4, 1653. _[1]

[Footnote 1: Mass. Archives, vol. 60, pp. 176, 177. Daniel Searle wasgovernor of Barbados, under the Commonwealth, from 1652 to 1660. ]

_Honnored Sr. _

Theare arived some sixe mo. Since before this Iland a spannish shipbelonging to Tennarife (one of the Canary Ilands) Commanded byEmanuell Rodriges, Capt. Thereof, who having mett with much contraryweather in theire voiage homewards wer necessitated to put for thisplace, and being before the Iland sent in theire request to havelibertie to wood and water. Accordingly it was graunted unto them, with Assurance of receiving like protection, freedome, and libertie inour ports, as any other Nation in league and Amitie with theCommonwealt[h] of England, which gave them Incouridgment to bringtheire shipp into harbor within Command of our forts, and havingstaied and Refreshed themselves some three weeks time and taken insuch necessaryes and provicions as they needed, whiles the Comanderwith the major parte of his men were on shoare abo[ut] theiredispatches, the said ship was Unhappily surprized in the harbor by awicked deboist[2] Crew of persons, who getting aboard and by forcesuppressed those few seamen which were in the shipp, Cutt the Cablesand sett saile. 

[Footnote 2: Debauched. ]

Assoone as the surprise was discovered some shott were made at them, but theire resolution to Carry so desperate an Attempt (knowing w'tthe end would have binn had they fayled therein) and sensiblenesse [?]in theire dispatch to gett the ship without Command, as also the nightComing on, and having the Advantage of winde and Currant, no meanesCould be used to recover the shipp Againe, by which action theComander, with his men, who but a little before were possessed (aswell of theire owne as others Interested) with very Considerableestates, were left on shoare to be Releived by our charitie. 

The Inhabitants of this Iland with myself Cannot but have a very greatResentment of so vile an Act, which hath Reflected so much not onlyuppon Authoritie but the Iland in Generall, and may heareafter reflectto the prejudice of particcular persons heare who trade at the CanaryIlands. 

Wee have lately understood these Robbers by fained pretenses anddiscourses, to Coulor theire Action have endeavored to shelterthemselves under your Authoritie in New England, but its hoped andbeleived that such persons will not be harboured, nor such ActionsCountenanced by you there. If they should it may proove for the futureof evill consequence to this Colonie. It was least of all suspectedtheire Confidence would have led them thither, otherwise wee shouldfrom hence have ere this requested your Assistannce for stoping theshipp and goods, and persons of those Robbers, untill the partiesconcerned therein might have Intelligence of theire being in NewEngland, there to prosecute for theire rights;

The Capt. Of the said ship with some others of the Compa. Went hencefor England hoping there to meete with them, others of them are gonnto some of the leiward Ilands, and some to the Canaries. Assoone asIntelligence cann be given to the proprietors at tennarife, you willI judge have some one from thence, to prosecute for theire shipp andgoods. 

The persons who Committed this Robberie being thorough theiredeboistnes brought into Considerable engagements to severall of theInhabitants of this Iland, had long before sought waies to makeescapes from of this place, to Avoide theire Confinement which thelawe would have forced them unto for sattisfaccion of theire justdebts; and had not this ship presented, theire Attempts would havebinn to have zeased on some other, as since hath binn prooved, whichmight as well have binn some Vessell heare of your Collony, as anyother; theire example have binn encouradgement to others to Attemptthe like, but wee are, and shall be as dilligent to prevent the sameas possible wee may. If all or some of the cheife of those Robbers (ifthey are still with you), were sent hither that exemplary Justicemight be Inflicted on them, it maybe a meanes to terrify others fromsuch actions for the future. 

What Justice you please to execute in this particcular, will not onlybe well resented by us heare; but also thankefully acknowledged andgreately vindicate the Justice of your Authoritie against such asotheruise may be apt to blemish the same. 

Since the Surprisall of said shipp here arived another vessell fromthe Canarie Ilands, to offer trade with the Inhabitants, whonotwithstanding the Assurance they receaved from me of freedom andprotection therein, yet afterwards being Informed of the Aforesaidaction would not trust themselves amongst us but departed; which doetend much to the prejudice of the Collonie. I shall not furtherenlarge at present but referr all to your Consideracion; and Commendyou to the Almighty in whom I Rest

Yours in what I may to serve you

DANIEL SEARLE. 

BERBADOES 4th of November 1653. 

a true copy, etc. , and the address. 

_12. Order of the Massachusetts Council. January 25, 1654. _[1]

[Footnote 1: Mass. Archives, vol. 60, p. 178. ]

Att A Counsell Called by the Governor on occasion of a letter sentfrom the Governor of Berbadoes to the Governor heere respecting theprizemen and held at Salem the 24th of January, 1653. [2]

[Footnote 2: 1654, new style. ]

After the Counsell had Considered of that letter they Ordered that theSecretary should forthwith transcribe true Coppies of the originalland translacion of the Dutch Certifficat and the other Dutch writtingfound in the shipp called the _holy ghost_, and presented by Capt. Robt. Harding to the Counsell, Attested by the Secretary and sent tothe Gov'nor and Counsell at the berbadoes, And further Ordered thatthe Secretary may give true coppies thereof to the Capt. Or any otherof the prizemen or any other that shall desier them;

And though by what the Governor of Berbadoes hath hitherto Certefiedto us, it does not legally appeare that the vessell was or is aspannish vessell, but the Contrary rather seemeth unto us by the dutchCertifficat and other writting sealed and the Inscription on thesterne of hir _De heyly[3] Gheest_, with the picture of the dove andburden of the ship concurring with them, yett for these severallreasons, viz. 1. Becawse it cann be no Injury to Capt. Robt. Harding, Left. Thom. Morrice, and that company to Justify theire oune act atBerbadoes, (if it were a lawfull act). 2. Because there isprobabillitie, some evidence appearing, that severall of the shippsformer company that was aboard are missing, wch were not brought intothis Jurisdiccion, what is become of them cannot so well be cleered, nor the Case triable any where so well as at the Berbadoes where thefact was donne. 3. Becawse Capt. Harding, Left. Morrice and the rest, as is suspected, have not discovered all the treasure that was in theshipp and thereby have deceaved the Commonwealth of England (In Caseit should proove a pricze) which cannot be cleered so well, any whereas at Berbadoes, who have as wee are Informed inquired of hr [?] thevalue of the prize, and the Rather becawse they broke bulke atPemequid, out of our Jurisdiccion, [4] and that after they had ourorder, which they seemed to decline by theire Accepting proteccionfrom Capt. Gilbert Crane, as appeares by proofe, who was in ourharbors under the Imploiment of the Parliament of England for mastsand Tarre. [5]

[Footnote 3: Heylige. ]

[Footnote 4: The Pemaquid settlement lay on the Maine coast near themouth of the Damariscotta River; it belonged at this date to RichardRussell and Nicholas Davison, private proprietors. ]

[Footnote 5: Capt. Gilbert Crane, in the _King David_, went out forthis purpose in 1653 and returned to England in 1654. ]

Itt is therefore Ordered that the Capt. Robt. Harding, Left. ThomasMorris and the rest of that company now in hold and such as shall betaken heere after shall with all conveniency be sent to the Berbadoesand In the meane time Remaine in prison, unlesse the Counsell shalltake further order. 

Itt is further Ordered that Capt. Robert Harding, Left. Thomas Morrisand Henry Cowes shall, when Capt. Jno. Allen or any other that shallfirst be Ready to sett saile to the Berbadoes, be delivered safeaboard to him or them, by him or them to be delivered to the Governorand Counsell at Berbadoes, And It is left to any three of themajestrates to send the rest by such conveyances as they shall Judgemeete. 

And that the Secretary shall from the Counsell give a strict charge tothe keeper of the prison to secure them in prison so as they escapeno[t] as he will Answer it on his utmost perrill. 

25. January 1653. Voted alltogither. EDWARD RAWSON, Secret. 

_13. Vote of the Massachusetts House of Deputies. June 10, 1654. _[1]

[Footnote 1: Mass. Archives, vol. 60, pp. 184, 183. On May 3 theGeneral Court had voted that the imprisoned privateers (or pirates)should be released on bonds of a thousand pounds apiece forreappearance when summoned; _Records of Massachusetts Bay_, III. 344. We have now a conflict between the two houses, the House of Deputieswishing to drop prosecution, the Assistants adhering to the vote ofMay; _id. _, IV. 196. In October the prisoners were released from theirbonds; _id. _, III. 361, IV. 207, 218. ]

Whereas there was some Information given unto this Court of theIllegall surprisall of the Spanish shipp formerly Called the _HolyGhost_ and since Called the _happie Entrance_, of which shipp Capt. Robt. Hardinge was Commaunder, yet forasmuch as neither Capt. JohnAllen who so informed, nor any other person, would Ingage to procecuteagaynst the sd Capt. Hardinge and Company, The Court thought it notmeete to take Cognizance thereof, after which Capt. Crane undertooketo receive the tenth for the State of England, and whatsoever was Doneby him or by mr. Endecot, then Gov'r, or Capt. Breedon[2] or any otherperson in any respect whatsoever about the sd shipp or Goods or tenthpart thereof, neither was nor wilbe owned by this Court in any kind. The Deputyes have past this and desire our hon'rd magists. Consenthereto. 

[Footnote 2: Capt. Thomas Breedon, afterward proprietary governor ofNova Scotia, had bought the ship. _Records of Essex Quarterly Courts_, I. 319, 320. ]

10th 4th 1654 WILLIAM TORREY, Cleric. [3]

[Footnote 3: Torrey was clerk of the House of Deputies, Rawsonsecretary of the Court of Assistants. Ensign Jeremiah Howchen, whosedissent from the majority opinion of the deputies is recorded below, was deputy for Hingham. ]

The magists. Cannot Consent heereto, It Contradicting the last act ofthe Court. 

EDWARD RAWSON, Secret'y. 

[Another copy of the vote, likewise attested by Torrey, has instead ofthe above subscription the following:]

this vote to be entred in the booke altho not Consented to by themagists. 

Contradicent. , mr Jer Howchen. 

THE _BLUE DOVE_. 

_14. Portuguese Commission (Letter of Marque) to Charles de Bils. February 10 (N. S. ), 1658, September 10, 1662. _[1]

[Footnote 1: Mass. Archives, vol. 60, p. 215. A copy of the Portugueseoriginal is in the archives, as well as this rough translation. Thedates are new style. The grantor was King Alfonso VI. , brother ofCatharine of Braganza, queen of England from 1662 to 1685. War withSpain had continued since the Portuguese revolt of 1640. This seriesof papers shows well to what abuses the whole system of letters ofmarque was open. For an English commission, of later date (1741), seedoc. No. 144. ]

Alfonso, by the grace of God King of Portugall and of the Algarves [onboth sides] of the seas In Africa, Lord of ginney and of the Conquest, navigation, and Commerce of Ethiopia, Arabia, Persia, and of India, Know all to whom this my letter patent shall Appeare that ittBehooving mee to provide shipps to oppose sea Roavers thatt frequentthe Coasts of these my Kingdomes, for the conveniency of tradeinge tothem, And Consideringe the merritts and Partts thatt Doe concurr inthe person of Charles de Bils, Confidinge in him that In all thatt Ishall Impose to his trust hee will serve mee to my Content, Itt Is mywill and pleasure to nominate and by these Presents doe name for Capt. Of a shipp of warr, by virtue of w'ch power hee may provide att hisowne charge a shipp of one hundred Tonnes with whatt boatesnessesarie, and provide her with Gunns, People, ammunition andprovisions as hee shall thinke Convenientt, to wage warr with thesubjects of the Kinge of spaine, Turks, Pirats, Sea Roavers, takethere shipps and there marchandizes and all that belongs unto them andCarry them to Any Portts of this Kingdome to give An Accountt of themin my office, where they shall bee taken Account of In a booke keptfor said purpose, where they shall bee Judged if Lawfull Prizes. Heemay vizitt or search whatt shippes hee thinks goe loaden with ourEnimies goods, goe to there ports, favouringe In all things any Alyedto this Crowne, Payinge the Customes of sd. Prizes, according to theRates of the Custome Houses of this Kingdome. Wherefore I Request allKings, Princes, Potentats, Lords, Republicks, states, theireLeiftenants, Generalls, Admirals, Governours of there provinces, Citties and Portts, Captaines And Corporals of Warr, to give to thesaid Charles de Bils all the Assistance, helpe and favour, Passage andEntrance into theire Portts, with his said shipp, people, prizes andall things theire unto pertaininge, offerringe my selfe in the likeoccasion to doe the same, and Command my Governours, Generalls, officers of Warr, to lett them goe and passe with there prizes as longtime as shall be nessesarie, for Confirmation of w'ch I commanded thisletter Pattent to bee past, signed and sealed with the great seale ofmy Armes. Given in the Cittie of Lisbone the tenth day of february. Written by Antonio Marques In the Yeare of the Nativity of our LordJesus Christ one thousand six hundred fifty Eightt. Diogo Ferres BravoCaused itt to bee written. QUEENE. [2] And because said Charles deBills Presen[t]inge himselfe before mee, Declareinge hee had lost saidpatent, desireinge mee to favour him to Command to passe him AnotherWith safety [?] I commanded itt to bee past him outt of the RegisterBooke, W'ch Is the same declared above. Given in lisbone the tenth ofSeptember six hundred sixty two. 

frances Pereira da cunha caused itt to bee written. 

(Sealed withthe Armesof portugall. )

THE KING. [2]

[Footnote 2: When the original commission was issued the king was aminor, and it was signed by his mother the queen regent, Donha Luiza;but in June, 1662, by a palace revolution, King Alfonso assumedauthority. ]

The Patent by w'ch your Mag'tie was pleased to nominate Charles deBils for captaine of a warr shipp of One Hundred tonnes, w'ch heeofferred to furnish att his owne Cost with such Boates as hee shallthinke nessesarie and to provide them with Gunnes, People, Ammunitions, and victuals that hee thinks needfull. Reformed. By YourMag'tie. 

_15. Commission from de Bils to John Douglas. September 20 (N. S. ), 1662. _[1]

[Footnote 1: Mass. Archives, vol. 60, p. 216. ]

By his mag'ties decree of the tenth of october 657, And Dispach of thecounsell of the 8th of september 662. Itt Is Registred In the 22 Bookeof the s[ecre]taria of Warr, fol. 72. 

Wee, Charles de Bils, Captaine by the King our Lord, by virtue of myfore written Patent, Sealed with The great Seale and Signed by hismag'tie, Constitute and doe Constitute D. John Duglas for Commander ofmy shipp Called _st. John_ In my name and as if I were PersonallyPresentt to make Warr With the Enimies of this Crowne of Portugall, Accordingly And in the same manner as it Is declared In my Patent, forEffectinge of W'ch I grant to the said my Constituted all the Powersto mee granted, for Confirmacion of w'ch I deliver him this my Patentsigned with my hand and Sealed with the seale of my Armes. Made Inlisbone the twentieth of september one thousand Six hundred sixty two. 

CHARLES DE BILS. 

Wee the under written doe testyfie that the Aboves'd and what isConteyned on the other Side[2] is a true translation of a ComissionGraunted by the Queene of Portugall and afterwards Confirmed by theKing of that Country unto Charles de Bills and afterwards Assignedover by Sayd Charles de Bills unto Capt John Duglas as witnes ourhands

[Footnote 2: Documents 14 and 15. ]

Aug't the 15th 1664. [3]

[Footnote 3: Old style, presumably. ]

EDMUND DOWNER. WILLIAM TAILER. JOHN FORD. 

_16. Deposition of William Browne. June 24, 1664. _[1]

[Footnote 1: Mass. Archives, vol. 60, p. 218a. ]

The deposicion of William Browne, passenger with Mr Robert Cooke, inthe _Blow Dove_, and now prisoner aboard Capt. Jno. Dowglass:

That when hee was demaunded of the said Capt. John Dowglass where thesaid Shipp did belong unto, that the said William Browne did saye thathee heard the Mr say severall times, that the said Shipp did belongunto Amsterdam, and that the said Shipp was bound for Amsterdam, andthat most of the company[2] were Scotts:

[Footnote 2: Crew. ]

2ly. That the said William Browne did see when a Jewe did shippaboarde some goods, [3] and that a Jewe did marke it, and that a Jewedid dispose of the goods which the Shipp brought from Holland and thatJewes name was Isaac Cardozo, and that after the Shipp was taken itwas the Mr. 's desire for to bee put ashoare, and his company likewise, for the Mr. Of the said Shipp was wounded and the Capt. , meeting witha vessell bound for Port Royall in Jameka, did graunt leave to thesaid Mr. And most of his company for to goe in her for the said Port:as witness my hand this 24. Of June 1664:

[Footnote 3: At Port Royal, Jamaica. The _Blue Dove_ was taken betweenJamaica and Hispaniola, while sailing for Amsterdam. ]

Taken uppon Oath this 12. Of July 1664 in Portsmouth, in PascatayvayRiver, in Newe-England, in America; before mee

BRIAN PENDLETON, [4] Comisioner. 

[Footnote 4: Brian Pendleton was a selectman of Portsmouth, and one ofits leading men. ]

_17. Deposition of Marcus Claesz. June 24, 1664. _[1]

[Footnote 1: Mass. Archives, vol. 60. P. 218. ]

The deposicion of Markus Claise of Rotterdam borne, passenger in the_Blow Dove_, when shee was taken, and now prisoner aboarde Capt. JohnDowglass. 

That when hee was demaunded of the said Capt. John Dowglass where theShipp did belong unto, that hee the said Markus Claise did say thatthe said Shipp did belong unto Amsterdam, and that the Shipp was boundfor Amsterdam when shee was taken, and that the Jewes were aboardebefore wee set saile, and that most of the Company were Scotts, andafter that the said Shipp was taken that the Mr. , Robert Cooke, andmost of his company did desire of the Capt. To goe ashoare upponJameka, and the Capt. Meeting with a Barke bound for Port Royall inJameka did graunt them leave, according to theire desire, to goe inher to the aforesaid Port at Jameka: as witnes my hand this 24. Day ofJune 1664. 

Taken uppon Oath this 12. Of July 1664 in Pascatayvay River, inNewe-England, in America, before mee:

BRIAN PENDLETON, Comisioner. 

_18. Deposition of Bartholomew Martin. June 24, 1664. _[1]

[Footnote 1: Mass. Archives, vol. 60, p. 217a. ]

The deposicion of Bartholomewe Martin, Spaniard, passenger and nowaboarde of Capt. John Dowglass:

That when hee was demaunded of the said Capt. John Dowglass whitherhee knewe if the Shipp did belong unto the Jewes, hee answered thathee heard Isaac Cardozo a Jewe tell him privately that the Shipp didbelong unto his father in Amsterdam, and that shee was Assigned untohim by his father from Amsterdam, and that the said BartholomeweMartin did see the Jewes bring Quicksilver, and that hee knowes it isthe same which was taken in the _Blew Dove_: as witness my hand this24. Day of June 1664. 

Taken uppon Oath this 12. Of July 1664 in Portsmouth, in PascatayvayRiver, in Newe-England, in America, before mee:

BRIAN PENDLETON, Comisioner. 

_19. Commission to James Oliver and Others. July 16, 1664. _[1]

[Footnote 1: Mass. Archives, vol. 60, p. 220. Of the personscommissioned, Oliver was a prominent merchant in Boston; Hutchinsonwas a son of Anne Hutchinson, and was killed in King Philip's War;Pendleton and Cutts were selectmen of Portsmouth. The signatures arethose of "Richard Bellingham, Deputy" (Governor), and FrancisWilloughby of the Court of Assistants; see document 27. Four dayslater, July 20, 1664, Samuel Maverick, coming out from England as oneof the four commissioners to regulate New England, writes to Capt. Thomas Breedon from Portsmouth, "It hapned, that as wee were ready tocome in, There went out from hence a Pinck [small ship with narrowstern], taken as a prize by a ship of Jamaica, but by authority fromthe Governor of the Massachusetts, the prize was as I understandseized upon and those that first took her, secured as prisoners byCapt. Oliver, and carryed for Boston, " and he remonstrates againstthis as a usurpation of the commissioners' authority. _N. Y. Col. Doc. _, III. 65. ]

Being Credibly Informed of the Arrivall of a ship at Piscatage mannedwith persons who have Given just cause of suspition and are suspectedto have seazed the said ship in a way of piracy or in a undue andIllegall manner, Now that his Maj'ty may have his rights and duespreserved, his Good Subjects the Right owners and proprietors of shipand Goods releived wht [without] any such violent seizures

These are therefore in his Maj'tys name to Authorize and Require yow, Capt. James Olliver, Capt. Edward Hutchinson, upon Receipt hereofforth with to repaire to the sd River of piscatage and there to Applyyourselves to Capt. Brian pendleton and mr. Richard Cutts, who arehereby Alike Authorized and Joyned in Comission with yow, who togetheror any three of yow are hereby Impowred and Required to make seazureof the Comander, officers and Company of the said ship, whither inpiscatage River or in any other Harbor, port or place within thisJurisdiction, in Case they shall Refuse to submitt themselves to yourcomand Relating to a due triall, to secure the said ship and Goods, and having so secured them yow are to Convey the said persons, shippand Goods to Boston, that so a due proceeding may be had and madetherein according to law and Justice, And that yow may be fullyenabled to dischardg the trust here Comitted to yow, All officers andComanders both by land and sea, in those parts, are hereby requiredin his Maj'tys name on your warrant and order to be ayding andAssisting to you therein, for wch this shall be your and theirWarrant. 

Given Under our hands, with the seale of the Colony hereto Affixed, atBoston in N E. This 16th day of July 1664. 

R B D. F W. 

_20. Deposition of Daniel Sprague. July (?), 1664. _[1]

[Footnote 1: Mass. Archives, vol. 60, p. 229. ]

I, Danell Sprage, when I wasse Cleer and my wages paid me I Could get noe imployment norpassage, not in three weeks time that I lay there, to goe to thewindward Ilands. Then I thought good to goe as to Cammanus, [2] to seif I Could get passage their, and I saild with one Captaine Hermontowards the Cammanus, and as wee Came to An iland CalledCamman-bricke, [3] their lay Captaine John Duglasse at Anker. He senthis boate abord of us to heer what newse from Jemecoe, and we Asked ofthem wether they weare bound. The quarter Maistor Answered and said, wee be bound to the windword Ilands. I Asked of them weither I Couldhave passage with them or noe, and hee saide, "I, [4] and wellcome". Then I went Abord with my Chest and Clothes and I staid aboard all thenight and Could not speake with the Captaine, but the nixt Mornin assoon as it wasse day I spoke with the Captaine. I desired of theCaptaine wether he wasse bound and he told me he wasse looking out forA shipe that Came from Amsterdam in holland to Jemecoe, Called the_blew dove_, and said, "if I Could meet with her she is A good prisefor me. I have beene ten or tewlve dayes aseeking after her and Cannotlight of her, but if I Can light of her she is Aprise for me. I havethe king of Portugalls Commishon". I, danell Sprage, [said] untoCaptaine John duglasse, "without your Commishon be very firme and thatyou be sure you Can Make a prise of her I desire you not to Come neerher, for I know what the ship is and Came out of holland in her". HeAnswered and said if I would goe a longe with him he would beare meout in all damages that shuld follow or insue upon me Conserningtakeing of the prise. Then the shipe which I Came from Jemecoe inwasse gon from the Iland over to the Cammanus and their wasse noeother shipe left but only Captaine John Duglasse. I said unto CaptaineJohn Duglasse, "shuld I goe with you, and you shuld Come up with thisshipe and take her, and the Company seeing of me they will say that Ihave been at the Cammanus and have fetched A shipe one purpose to Makea prise of them". Captaine Duglass Answered and said that "I and myCompany Can testifie to the Contrarie and as far as my Commishon andmy life doth goe I will beare you out Against all them that shallqushton you as Conserning the takeing of this shipe: I am Captaine andI have taken her with my Commishon and I will Answer it". 

[Footnote 2: The Cayman islands, NW. Of Jamaica. ]

[Footnote 3: Cayman Brac. ]

[Footnote 4: Ay. ]

thes be the men that Can testifie that they weare ten or twelve dayesout in the pursuite after thes ship be fore I Came to them: and haveheer unto set their hands. 

the Marke of WILLIAM GIBENS. [W]JOHN HILL. These be the two witnesses wich[*] the Marke of CLINE the Can Justifie that I did desire the Dutchman. Capt. That, without his ComemishonTHOMAS HUCKENS is Marke. Where[5] sure, not to medle [dot in circle] : with the ship. SOLEMON BEGENSOUS, quarter Maistor. The Marke of DANELL HARRESS. [+] the Marke of HALLIGERT [four connected lines] YOUNSON. THOMAS BERKENHEAD. ABRAHAM WILLKESON. 

[Footnote 5: Were; "unless his commission were sure. "]

_21. Deposition of William Browne. July 25, 1664. _[1]

[Footnote 1: Mass. Archives, vol. 60, p. 223. ]

William Browne, age 17 or 18 yeares, Saith that he was to goepassenger for England with mr. Robert Cook, master of the Shipe Calledthe _blow dove_ of london. The sd. Wm. Browne heard the master Saythat the Said Ship did belonge to Sr. Wm. Davidson in Amsterdam[2] andI know that James wattson who came owt of holand befoire the Ship, didfrawght the Sd. Ship with Some goods marked with WD. And I doe notknow certanly whether there was ane S. In the midle or not, and thatthe Said James wattson was going with the Sd Shipe first for Englandand then for Amsterdam, and that the Sd. Wm. Browne did See a JeweMarke Qwicksilver and wax, which was Shiped Aboard of the Sd. Shipe, which Jewe kept a Shope publickly in Jamaica and did dispose of Someof the goods q'ch [which] came from holdand in the Said Shipe, and Idoe know that there was ane English man Aboard which was a pasengerwhich had Some goods A board, as Cocco, 2 Tunne marked with ane Oburned with the Barrell of A mwscket. [3] the Sd Shipe coming out ofport Royall with 10 men or there About, with Some passengers, went inCompany with Captaine Hatchwell to blewefilds bay, [4] a bowte 20Leagwes distance from Pt. Royall, and tooke in some watter and SomeBallace, and being at ane Ankore the Captane of a little Barke withhis Company boarded them and gave them a voly of Shoat, being innwmber about 27 men, and being Some what darke the master was Shote inthe Arme and the men of the _blow dove_ were put in the howll of theShipe: and then the Asaylants Cut the Cables, and Caryed away bothveshells and them, untill they came to poynt Niggereell, [5] where theymet with ane English barke coming from Caymanws and bownd for PorteRoyall in Jamaica, where they putte the Said mr. Of the _blowe dove_Aboard According to his desire and furnished them with Some victwalesand a Caise of Spirits: and after they were gone owt of Sight theylasht there barke aboard of the prise and took most of there thingsowt of her and Let her goe Adrifte. 

[Footnote 2: See document 27. ]

[Footnote 3: Musket. ]

[Footnote 4: This Blewfields Bay is at the SW. Side of Jamaica. ]

[Footnote 5: Cape Negril. ]

There was Aboarde the Shipe when shee was taken from Ro't Cooke bowt48 hogsheads of Sugar, Some Cocco, Ebbony, Granadilla, Brasilita, [6]Oakem, Stockfish, match, Qwick Silver 29 or 30 Chists, 2 gold Crowneswith diveres other Jewelles, 1 Barill of knives, Some Swords, 1 Barillwith Sheathes and Corvall, 60 Jares of oyle, 9 Caises with Spirits, 7or 8 packes of whyte waxe, Lignavita, Gwmme about 5 or 7 pak. 

[Footnote 6: Braziletto, a wood resembling brazil-wood. ]

Taken upon oath this 25th of July 1664 befor me THOMAS SAVAGE, Commiss'r. 

Acknowledged in Court 5th August 1664. EDW. RAWSON, secret. 

_22. Deposition of Robert Lord. July 26, 1664. _[1]

[Footnote 1: Mass. Archives, vol. 60, p. 224. ]

The deposition of Robert Lord aged 42 yeares July 26, 1664. 

Saith

That being at Jamaica about the moneth of January last past, therecame in the pincke _blew dove_ which was seized at sea betweeneHispaniola and Jamaica by John Morrice Captn. Of the _Virgin Queene_(an english man of war), who putt two or three of his men aboad tobring her into Jamaica harbor, hee with his man of war bearing herCompany neere to the harbour; when the sd _blew dove_ had bin three orfoure daies at Jamaica there was a Court of Admiralty appointed forthe triall of the sd _Blew-dove_, it being expected by the sd Captn. Morrice and Company that the sd Ship would have been a prize to them, and their great Argument was that they were sailing towards Cubabefore they had seized them, and that they were laden with ammunitionand goods sutable to the spanish trade: but uppon triall in the Court, their billes of Lading appeared that they were bound to Jamaica, theircocketts and dispatches being cleere from the Kings Custome-house atDover; this deponent speaking in Court to Sr Charles Littelton (thensitting Judge of the Court)[2] that hee knew the Master Robert Cooke, and that hee lived in Ratliffe[3] neere to him, which also testifiesCaptn: Isack Bowles Comander of the _Blackmore_ (one of the RoyallCompanies Ships), [4] the Governor (Sr Charles Littelton) did thereupondeclare them to be a free ship, and to have their liberty of trade asany other Ship whatsoever that was then in the Harbour; And furthersaith that the aforesd Captn. John Morrice told this deponent that heehad hoped to have had a good prize of the _blew-dove_, but hee gottnothing of them but an English Ensigne, and a hogshead of strongbeare, and that the sd _Blew-dove_ came in with English colours, anddid on all occasions weare them. 

[Footnote 2: Lord Windsor was governor of Jamaica in January, 1664, Sir Charles Lyttelton deputy governor. ]

[Footnote 3: Ratcliff, London. ]

[Footnote 4: Bowles was one of the captains, and the _Blackamoor_ oneof the ships, of the "Company of the Royal Adventurers of Englandtrading into Africa", the predecessor of the Royal African Company. ]

Taken upon oath, 27: 5: 64. Before me ELIA. LUSHER. 

_23. Deposition of John Hunter. July 26, 1664. _[1]

[Footnote 1: Mass. Archives, vol. 60, p. 225. ]

John Hunter Aged a bout 40 years deposeth and sayth

That this deponant was shipped by Captaine Robert Cooke, Commander ofthe _blew dove_ of London so Caled, to sayle as a sayler in the saidshipp from Jameco to Dover and so for Amsterdam: the time thisdeponant was shipped was about the begining of Aprill Last past inJameco. 

This Shipp _blew dove_, as I was informed by the people in Jameco, wasbrought in by a Captaine of a privat man of war uppon susspition thatshee was to trade with the Spaniard as a hollander, haveing JewesGoods on bord as thay Alleged, but was there Clered by the Governer, sir Charles Littelton, and had fower moneths trade there afterwards. This was the Common report of the people there. Farther this deponanttestifieth uppon his owne knowlidg, being about two moneths a seamanuppon the said Shipp before shee was taken, and when wee Came out ofJameco wee had a let pas[2] from the Governer to saile to dover andthere to pay the Kings Customs and from thenc wee were to sayle untoAmsterdam and to deliver our goods unto Sir william Davis[3] or hisorder, as the bills of Lading maketh manifest, which this deponant didsee in the hands of Captaine Dugles Now a prisner, who desired thisdeponant to Reade the bill of Lading unto him at sea as wee wereComing in to these parts, allso a nother bill of Lading for sum smalequantitie of wax and quicksilver which belonged unto a Jue, as I didaprehend. Also I red a nother bill of Lading for severall goodsbelonging unto an Englishman Living in Jameco, who was going passengerfor dover in the said shipp, but was turned a shore in blewfilds bayas the rest were by the said Duglas and his Company. Farther thisdeponant testifieth that Captaine Duglas was at Jameco and did herethat this shipp was there Clered and did then tell this deponant thathee would take this shipp, which this deponant towld him hee Could notLegally doe for shee beelonged unto Sir william davis in Amsterdam, his maisties Resident there. This deponant did acquaint Captaine Cookewhat the said duglas said. Farther this depont testifieth that when wewere in blewfilds bay this duglas Came Rowing upp with two oars abouteight of the Clock at night. Wee haild them and Asked whenc thay wereand thayer Answer was, from the Barbados. Wee Asked who was there tofriend. Thay Answered peter prier, [4] who said thay had lost Camanosand were going to seeke for it Againe, but presently thay Clapt thayerhelme a starbord and shered Abord us giving a volly of smale shott, in which thay shot our master through the Arme, and so Came on bordand beate us doune in to the howld without Asking of us what wee weareand so Cut our Cable and presently put forth to sea. Farther thisdeponant testifieth that two of the sailers being Englishmen Leaft thesaid Captaine Cooke at Jameco, uppon which the said Cooke was forcedto shipp this deponant and a nother. And farther this deponant saythnot. 

[Footnote 2: Let-pass, a permit; see doc. No. 130. ]

[Footnote 3: Davidson; see doc. No. 27. ]

[Footnote 4: Probably a pun on "pry", to fob off intrusivequestioning. ]

Taken upon Oath the 26th of 5th mo 1664 before mee ANTHONY STODDARD, Comissr. 

owned in Court 5th August 1664 EDW. RAWSON. 

_24. Deposition of Charles Hadsall. July 27, 1664. _[1]

[Footnote 1: Mass. Archives, vol. 60, pp. 231, 232. ]

The deposition off Charls Hadsall, aged forty six years orthereabouts:

Testefieth and saith that mr Robt Cooke, Comandor of the shipp _blewdove_, together with my selfe Comandor of the shipp _Lucretia_ settsayl from port Royall harbor In Jemaicah with free Lett Pases fromCollonall morgan deputy Governer of Jemaicah:[2] And Coming down InCompany to blew feilds bay where we Came to An Anchor to fetch ourwood and watter on board and as soon as we were at anchor there Cameof a Conoo from Capt John Dowglas Lying Closs under the shoar on boardof my shipp with two men for to Inquire among my men whether I wooldIngage to defend the shipp _blew dove_, I then being on board of herthe said shipp _blew dove_, with Squire wattson, Marchant of the saidshipp, with whome I went a shoare: and Coming on board about seven aClok In the Evning with squire wattson to the shipp _blew dove_ andhaving taken my Leave of him went on board of my owne shipp: and halfean hour after there Came a Conoo from the vessell of sd Dowglass onboard of my shipp _Lucretiah_, where I demanded of the said men thatCame In the Conoo whether they were bound: and they Replied for theCamanes, which they said they were formerly bound for and had mist:and now pretended they woold goe with mee to Cemanes: And furthersaith that they said they woold be at new england before mee. IReplied, "In whatt shipp": they said It was no matter In whatt shipp:and while these men were discoursing with mee Dowglas his barke Claptthe shipp _blew dove_ on board, Cutt her Cables and sett sayle, andthe men that were on board my shipp with me went away on board thesaid shipp _blew dove_: and soe went away, and three days after themaster, marcha[nt] and sum of the Company being putt Into a smallvessell Came Into blew feilds bay where I then Rod att Anchor and Igoing on board of them, saw the master of the shipp _blew dove_, shottIn the arme, who told mee that they the said dowglass and his Companyhad took all they had from them only the Close uppon his back: Andfurther this deponent saith that squire wattson told him that theshipp _blew dove_ belonged to Sr Wm Davison and Captain Taillur: andthat the master and marchant of the said shipp told mee there wereLetters on board of the said shipp _blew dove_ for his majesty and theduke of yorke:[3] being such Letters as were Considerable. And furthersaith that the master and marchant of the shipp _blew dove_ told meethat there was In Jewells on board of said shipp to the vallue ofthree hundred pound sterling and about thirty Chests of quik silverand sugger he said was on board but I have forgott whatt quantity hespake off. And further this deponent saith that the shipp _blew dove_Rod In Jemaicah severall sabbeth days with her english Cullers out. 

[Footnote 2: Col. Edward Morgan, commissioned deputy governor January18, did not reach Jamaica till May 21 or 22. _Cal. St. P. Col. _, 1661-1668, pp. 182, 211. ]

[Footnote 3: The king's brother, afterward James II. ]

Taken upon oath 27: 5: 64 Before me ELIA. LUSHER. 

owned in Court 5th August 1664 by the sd Hadsell E. R. [4]

[Footnote 4: Edward Rawson, secretary of the council. ]

_25. Petition of John Douglass. August, 1664. _[1]

[Footnote 1: Mass. Archives, vol. 60, p. 230a. In response apparentlyto this petition, the General Court on August 8 ordered 40 shillingsto be given to Captain Douglas, and 20 to each of his men, "topreserve them alive till they can provide some honest imploy forthemselves, and that their particcular cloathes, so cleerely prooved[_i. E. _, if clearly proved to be theirs] . . . Be . . . Delivered tothem. " _Records of Mass. Bay_, IV. , pt. 2, p. 128. But the capture wasdeclared illegal. ]

To the honored Governor, Deputy Governor, Majestrates and Deputies ofthis honoured Generall Court now sitting in Boston in theMassachusetts Colonie of New England. 

The peticion of captayne John Duglas late Commandor of the Prisecalled the _Blew Dove_ of Anserdam in behalfe of himselfe and Company(servants and seamen to the said Ship belonging), whose names arehereunder Subscribed. 

Humbly shewing, That whereas the said Ship was seized uppon atPuscataque in his Majesties name about the eighteenth-day of July-lastwith all the Seamens chests and Clothes save what they have on theirbacks, And that the said Seamen have bin here about fiveteene dayeswithout any allowance from the Countrey and not a penny of money toreleeve themselves, so that they had perished eare this tyme had theynot bin releeved by som freinds, some of which company have binwithout victualls three dayes together, They humbly crave this honoredCourt that they may have a speedy triall whether their prise be alawfull prise or not, otherwise that they may have their chests, clothes and armes, which request of your Peticioners they humbly cravemay be taken into Consideration and they shall, as by duty they arbound, pray, etc. 

JOHN DOUGLASS. 

THOMAS BERKENHEAD. JOAN CLOBARTEXE [?]. THOMAS MARTTIN. LAMESTE [?]ABRAHAM WILKERSON. WILLIAM GIOTTE. HALLIGAR JOHNSON. JOHN HORRE. His [X] marke his [+] MarkeMIHILL HENDERSON. PIERRE PERWALLE. His [MH] marke SOLOMON. CLINE the Dutchman. His [X] marke JOAN PAGE. 

_26. Plea of John Douglass. (August 8?), 1664. _[1]

[Footnote 1: Mass. Archives, vol. 60, pp. 271, 272. ]

The tenth day of October, one thousand Sixe hundred Sixtey and Tow, One Capt John Daglas Brought one Commision from the king of Portugall, Sayling out of Lisborren[2] for to Make ware according to HisCommision in his Ship Called _St John_, force 4 Gones, with men andAmunission Convennent, to Make Ware with the Ennemes of the Sayedking. 

[Footnote 2: Lisbon. ]

Having lived about the time of 4 or 5 Monthes about the Ilandes of theCanares with out taking any Prise, this same Capt. Tucke Resselutionto Sayle to wardes the Endges[3] with his Ship and Men, and After Somdayes of his Arivall to this Enges, som thing Neare the IlandMartenekea[4] he Mett with a man of ware. The Sayed Captaine dagleswas ingadged to fight having a great many of his Men kild and woundedand hee him Self Deapley Wounded with a Shote from a Mosquit, the whchShote Bracke his Arrem, and was in danger of his Life. 

[Footnote 3: Indies. ]

[Footnote 4: Martinique. ]

And for his helth he and his men was forcest to Retier to the Iland ofMonseratt, inhabeated by the Engles under the Goverment of CorrenallRoger Asborn. [5] thare this Sayed Capt. Was Courtiously Receved bythis Sayed Govenar and brought him a shoure, whare hee was in dyettand dwelt a twel month upon this sayed Iland in which this his SayedShip which he brought Out of Lisborne Perresed[6] thare and wasuncapabell of the ware. 

[Footnote 5: Col. Roger Osborn. ]

[Footnote 6: Perished. ]

Afterward the Sayed Capt. Dagles he went to Jemekea and the Jenerellof the Iland of Jemekea did Exammine the Commision of Capt. JohnDagles, and having found itt Good the Sayed Jenerall gave himPermision to baye[7] a frigat for the Sayed ware according to hisCommision, and touck men, Arrems and Amunision for the ware with theEnnemis of the king of Portagall, and the Sayed Capt. John DaglasSayeled from the Iland Jemeake with permision of the sayed Jenearell. 

[Footnote 7: Buy. ]

And about 3 Mounth After Sayling out of thees harbor Jemeke, thisSayed Capt. Dagles had Nouse by Severell Engles Vessells that thar wasa vessell Redey to Sayell Out of the harbor of Jemeake loden by theJues under the king of Spaine, and the Sayed Captaine vas veryDiligant to mite with the Sayed Shipe, the which Shipe was called the_blau Duff_, mr. Robart Coxe Commander, and this Sayed Capt. JohnDaglas had knowledge of this sayed Shipe in the baye of blue fild, whare no one Inhabeted, distant 32 Leages from the harbor of Jemekea, the which Capt. Went with his Sayed frigett and found a Commissionfrom the Engea Compenia of Ansterdam, [8] With letters and loden fromthes Jues for Ansterdam, and after that toucke the Depousision of 5prisnores, the which did all Declare that the Sayed Shipe did Beloungto Ansterdam and bound for Ansterdam with his loden, and the SayedPrisnores Gave the Sayed depusison befor Capt. Pemmellton, [9] ChefeJustes in Pescatabay. 

[Footnote 8: The Dutch West India Company, Amsterdam Chamber. ]

[Footnote 9: Pendleton. ]

And After the Sayed Capt. John Dagles toucke the prise, Sayled outt ofthe Channell Called bahem[10] and Steared his Cource to Sayle intoportag'll with this his Sayed Prise, to give knowledg to the king ofportugall, in which Sayed vaydge wanting vettiells and watter heArived in Now England for to tack watter and fitt his Ship for thishis Sayed vaydge to portugall. 

[Footnote 10: The Bahama Channel. ]

And [after] he did Arive att the port of Pescatabay, the Sayed Capt. Daglas Did Send ashore one of his Offecers to the Sayed Capt. Pemmellton, Justice of Putatabay, desiering Permision to watter and togive him libertey to sell som goods for to baye vittells and to begoine in his vaydge to Portugall. 

And upon his Desier the sayed Justase Capt. Pemmellton Sent word tothe sayed Capt. Dagles that hee was verey wellcom and that he had hislibertey to doue in seviletey[11] what his mind was and upon this hisword the sayed Capt. Dagles was Obleged to him. 

[Footnote 11: To do in civility. ]

And After 8 Dayes the touck the Sayed Capt. Dagles prisnor and his menand seased upon his vessell and goods and pout all his men out andpout outher men abord, the which did Plonder me and my men Just toOuer Sherts. 

Sertenly itt tis a very Sad Cace that a Jntallman[12] of his qualeteaShould youse a stranger soe unsivell, because of the Aleance betweenthe Crounes, [13] and not to give him libertey to goe a bout hisbousnes--and he had seased my Commision and all my paperes as if Iware an Enneme to the Croune of England. 

[Footnote 12: Gentleman. ]

[Footnote 13: Of England and Portugal, 1661. ]

_27. Power of Attorney from Sir William Davidson. September 13, 1664. _[1]

[Footnote 1: Mass. Archives, vol. 60, pp. 259-261. In the _Calendar ofState Papers, Colonial_, 1661-1668, p. 284, appears a letter from KingCharles II. To the governor of Jamaica, March 1, 1665, in which hespeaks of Douglas's piratical seizure of Davidson's ship, and declaresthat he (the king) has written to the governor and council at Bostonto apprehend the pirate, but has heard nothing of them. ]

Bee it knowne Unto all men by these presents that on the Thirteenthday of the month of September, Anno domini one thousand six hundredsixty and Foure, And in the sixteenth yeare of the raigne of oursoveraigne Lord Charles the second, by the grace of God King ofEngland, Scotland, Frannce and Ireland, defendor of the faith, etca. Before me William Allen, notary and tabellion publicke dwelling inthis Citty of London, by the Authority of the said Kings Majestyadmitted and sworne, and in the presence of the witnesses here afternamed personnally appeared Sir William Davidson, Knight and Barronett, his Majestyes Royall Commissionner at Amsterdam in Holland, etca. , atpresent in this Citty of London, one of the Gentlemen of hisMajestyes privy Chamber in ordinary;

Who hath declared that Whereas The ship or Vessell lately Called the_Blew Dove_ of London, where of Robert Cooke of Ratcliffe was latelymaster and James Watson servant to the said Sir William Davidson SupraCargoe on the said shipp, or by whatsoever other name the said shipmay be Called or knowne, Together with all her Loading of Sugar, quicksilver, Cacau, Tobaccoe, Brazillet wood, and other goods, merchandises, silver mony, and other things whatsoever, lately loadenat Jamaica by the servants of the said sir William Davidson, was (ashee the said William Davidson is Certainely informed) villanously andRoguishly taken by Pyratts, Rovers, and Theeves, Comeing from Jamaicaaforesaid; and Brought upp to Boston in New England, or thereabouts;Now hee the said Sir William Davidson hath, in the best manner way andforme unto him possible, made, ordained and Constituted and by thesepresents in his stead and place doth make, ordaine and Constitute Mr. Francis Willoughby of Charles Towne in New England, merchant, [2] histrue and lawfull Atturny, Giving and by these presents graunting untohis said Atturny full power, Commission, and lawfull authority, forand in the name and to the Use of the said Sir William Davidson, todemaund, sue for, leavy, recover, receave and take possession of thesaid shipp lately Called the _Blew dove_ of London (or by whatsoeverother name shee may bee Called or knowne), And all furniture andappurtenances to her belonging, Together with all her Loading ofsugar, quick silver, Cacau, Tobaccoe, Brazillet wood, and other goods, merchandises, silver mony, and other things whatsoever, And to makeand give such acquittances and discharges as shall be requisite, Andin all thinges to follow the orders and directions of the said SirWilliam Davidson; And further to take, seize upon, and apprehend thesaid Pyratts, Rovers, and Theeves, and prossecute them according tolaw, And if neede bee by reason of the premisses to appeare beforewhatsoever Lords Judges and Justices in any Court or Courts, there toanswere, defend and reply in all matters and Causes touching orConcerneing the premisses, to doe, say, pursue, Implead, arrest, seize, sequester, attache, Imprison, and to Condemne, and out ofprison againe to deliver; And further generally in and Concerneing thepremisses to doe all thinges which hee the said Sir William Davidsonmight or Could doe if that hee should be then and there personnallypresent, with power to substitute one or more Atturnyes under him withlike or lymmitted power and the same againe to revoake; And the saidSir William Davidson doth promise to rattify, Confirme, allow andapproove of all and whatsoever his said Atturny, or his substitute orsubstitutes shall lawfully doe, or Cause or procure to bee donne, inand about the premisses, by vertue of these presents; In witnessewhereof the said Sir William Davidson hath signed, sealed anddelivered these presents;

[Footnote 2: Deputy-governor of Massachusetts 1665-1671. ]

Thus donne and passed at London aforesaid in the presence of CaptaineJohn Tailor of London, merchant, [3] and Mr. Nicholas Corsellis alsoeof London, merchant, as witnesses hereunto required. 

[Footnote 3: Willoughby's father-in-law. Waters, _GenealogicalGleanings_, pp. 970-977. Corsellis was a Dutch merchant in London. ]

JOHN TAYLOR. WILLIAM DAVIDSON. NICOLAS CORSELLIS. 

In testimonium veritatis WM. ALLEN, Not's Pub'cus, 1664

THE _PROVIDENCE_. 

_28. Certificate of Cornelius de Lincourt. April 12/22, 1673. _[1]

[Footnote 1: Suffolk Court Files, Boston, no. 1257, paper 11. Therewas war between England and the United Provinces, 1672-1674. The Dutchprivateer _'s Landswelvaren_ (Commonweal) captures the _Providence_ onApril 4/14, 1673, and puts on board her a prize crew. The two vesselsbecome separated. On April 11/21 the _'s Landswelvaren_ makes prize ofthe ketch mentioned in this document, in which Captain de Lincourtpresents the ketch, by way of consolation, to the master of the_Providence_. On April 12/22 the prize crew of the _Providence_, by aruse, possesses itself of the _Little Barkley_, but presently bothEnglish crews separately recover possession of their vessels, and theyseparately make their way to Boston. Raddon, master of the_Providence_, arrives there later. ]

Lett it bee knowne to all kings, princes and potentates in Christendomand to all those that it may Concerne, how that upon the 21th day ofaprill 1673 before the River of Virginia have taken and overmasteredUnder the Comition of his highness my lord prince William the third ofOringe, taken a Cetch called _Dergens_ [?] Coming from Boston out ofnew england, goeing to the River of Virginia, whearof was skiper JohnCox, which ketch I was intended for to burne or to sinck, but afterseverall Considerations I doe give the same ketch and all that belongsunto her freely and liberaly unto the honorable Capt. Thomas Raddonand Mr. Joseph Fox, whoe both likewise weare taken by mee, to have andto hold as their owne Ketch and to dispose thereof to their owneContent. 

Signed by mee in the Ship Called _Slanswelvarn_ at sea the 22th day ofAprill 1673. 

 CORNELIS DE LINCOURT. Stierman, JAN CORNELISSE. Stierman, PIETER GERRITSZ. Bootsman, [2] THOMAS SEVERS. Constapel, [3] ANTONI FERO. Schyman, [4] JACOB WALLE. 

[Footnote 2: Boatswain. ]

[Footnote 3: Gunner. ]

[Footnote 4: Boatswain's mate. ]

I the underwritten do acknowledge that this above mentioned act isdone and signed in the presence of my officers and signed by thembefore skiper Cox, Master of the above mentioned ketch, dated asabove. 

 CORNELIOUS DELINCOURT. Copia vera. G. SWERINGEN. 

_29. Deposition of John Johnson and Henry Harris. April 26, 1673. _[1]

[Footnote 1: Suffolk Court Files, Boston, no. 1257, paper 19. ]

The depositions of John Johnson, aged 18 yeers, steersman, and HenryHarris, aged about 24 yeers:

These depon'ts testifie and say that they these deponts together withseverall other seamen belonging unto Flushing, under the comand ofCapt. Cornelious Lincort, Comand'r of the shipp _Slandt Welvaeren_, inEnglish the _Comonwelth_, by vertu of a Comisson from his highness theprince of orange, we came up with the _Providence_ of Falmouth (whowas bound to Virginia) in the Latitude of 36: and 40: and tooke her, which when taken these depon'ts and ten more were put on bord her toKeepe and secure her, and after wee had been on bord some hours, inthe night wee lost our own shipp and saw them no more, and about sevendayes after wee came up with a Londoner and thinking to take him, fourof our company went on bord in the night but never returned, and thenext day after the English that belonged to the sd Ship _Providence_, and some of the other ship before mencioned that wee had on bord withus prisoners, rose and retook her and suppressed us and have broughtsd shipp and us into Piscattay River. 

Grt Island[2] the 26th April 1673. Taken upon oath by the personsabove named before me

[Footnote 2: Great Island, lying in the mouth of the Piscataqua River;at that time a part of Portsmouth, now New Castle, N. H. ]

ELIAS STILEMAN, Comisr. [3]

[Footnote 3: From 1658 to 1679, under the Massachusetts government ofNew Hampshire, Elias Stileman was a magistrate and county commissionerfor Portsmouth. ]

_30. Petition of Edward Bant. About April 28, 1673. _[1]

[Footnote 1: Suffolk Court Files, Boston, no. 1257, paper 1. ]

To the Honorable County Court now sitting in Boston The humblepetition of Edward Bant on the Behalf of himself and the rest of theCompany belonging unto the Ship called the _Little Barklay_, beingfive men in number, Humbly sheweth

That they your Hon'rs petitioners, with the sd ship, were taken aboutEighty Leagues East and by North from the Capes of Virginia by a Prizeformerly taken by Capt. Cornelius Lincoint, commander of a shipbelonging to Flushing called in English the _Commonwealth_. And thenext day following the Commander of the said prize went on board thesaid _Barkley_, intending to have taken out her goods to put them onboard his own vessell, whilst wee your petit'rs were on board hisvessell as prisoners held in the Hold. And then the English Companyremaining on board the sd. _Barkley_ surprized them, the sd. Commanderand his Company, and sailed away with them. And about six hours after, your petitioners, together with the other English men belonging to theaforesd prize (when in possession of the English), made anInsurrection and took the ship by violence from the Dutch men and havebrought her into the harbour at Puscataqua with eight Dutch menprisoners in her, and her goods and Loading secured in the wearhouseof Mr. Nathaniell Fryer. [2]

[Footnote 2: Merchant and county commissioner in Portsmouth. ]

Whereupon your Hon'rs serious wise Consideration of the premises yourpetitioners humbly pray your Hon'rs be pleased to order what salvagethey shall have out of the said ship and cargo now in Puscataqua, andthat with all expedition that may be, because they are all Strangersand willing[3] to returne to their hoames, And lying here upon greatCharges, having nothing but what they borrow and cloathes on theirback. And as in duty bound they shall pray for your prosperity, etc. 

[Footnote 3: _I. E. _, desirous. ]

8 May 1673. At a Court of Assistants on adjourmt. 

In ans'r to the petition of Edward Bant in behalfe of himself andfower seamen, the Court judgeth it meet to order that Mr. NathanielFryer allow and pay the sum of fiveteene pounds for their salvage, taking their receipts for the same. 

past. EDW. RAWSON, Secre'ty. 

_31. Order of the Suffolk County Court. April 29, 1673. _[1]

[Footnote 1: Suffolk Court Files, no. 1257, paper 6. ]

At a County Court held at Boston Aprill 29th 1673. 

In answer to the petition presented to this Court by Henry King andEdward Bant who lately brought into the River of Piscataquay the Ship_Providence_ of Falmoth, whereof said King was Mate in a voiadge fromEngland to Virginia, in which voiadge they were surprized by a Dutchman of War, [2] and by the Petitioners and Company rescued out oftheire hands: who have since Surrendred the said Ship and her loadinginto the hands of Mr. Nathaniel Fryer for the Securing and lookingafter both in behalf of the Owners. 

[Footnote 2: The term then included privateers. The _'s Landswelvaren_was not a public vessel. ]

This Court doe order and Empower Mr. Elias Stileman and Mr. HenryDeering, together with said Fryer, or any two of them, to take aparticular acco't of the state of said ship, and to Inventory theGoods brought in by and belonging to her, and to make provition forthe Securing of both for the right Owners, making a return thereof tothe present Dept. Govr. By the 7th of May next, and the said Fryer isfurther ordered to disburse for the Company arrived in the said Shipwhat may bee for the Supply of theire present necessities, and alsoorder that hee take care that the 8 Dutch men brought in prisoners inthe saide Ship bee forthwith brought to Boston before Authority, to bedisposed of as the matter may require, and for the other parts of thepetition's, touching Salvage or wages, The Court refers them to theCounsell at theire next meeting. 

Copia vera per ISAAC ADDINGTON, Cler. [3]

[Footnote 3: Afterward speaker 1685, assistant 1686, councillor andsecretary of the province 1692-1715. ]

_32. Petition of Henry King. April 30, 1673. _[1]

[Footnote 1: Suffolk Court Files, no. 1257, paper 4. ]

To the Hon'able the Deputy Governor and Majest's[2] now assembled inCourt. 

[Footnote 2: Magistrates, or members of the Court of Assistants. ]

Hen. King. 

Humbly Recommendeth to your worships candid consideration his presentcase and Condition, hoping to obtaine your worships Juditiousapprobation therein, to the end and intent that all persons Consernedand Related to the ship _providence_ of Falmouth, which was taken by aDutch ship of warr on the 4th instant[3] about 40 Leagues short of theCapes of Virginia and Retaken again by the means and directions ofyour suppliants, who requeste that your worships will please to Grantorders that your petitioner and those other seamen belonging to thesaid ship who were asistant in Retaking her may have their wagesaccording to agreem't, from the time of their being shipt till thesaid ship _providence_ with her Loading was brought into pascataquaRiver and there put into the Custody of Mr. Nathaniel Fryar, who isthe Correspondant of one of the Owners of said ship with her Cargoe, where she is to Continue till orders from authority or instructionsfrom the proprietors. Boston 30 Apr. 1673. And Your Petitioner shallEver Pray. 

[Footnote 3: April 4, old style, the style still used by the Englishin 1673; April 14, new style, the style used by the Dutch, as indocument no. 28, above. ]

At a Court of Assistants held in Boston on adjourm't, 8 May 1673. 

In answer to the petition of Henry King in behalf of himself and thesix seamen according to their Portlidge bills[4] Given into this Courtwith their declaration, the Court Judgeth it meete to Grant and orderthat Mr. Nathaniell Fryer pay them their severall wages, he takingtheir receipts for the same. Past by the Court, as Attest

EDWARD RAWSON, Secrety. 

[Footnote 4: A mariner's portage or portledge was originally his ownventure in the ship, in freight or cargo, but by this time "portledgebill" frequently meant merely a list of sailor's claims for wages orallowances. ]

_33. Inventory of the Providence. May 5, 1673. _[1]

[Footnote 1: Suffolk Court Files, no. 1257, paper 16. In the margin ofthe original document, each indication of a parcel (such as "a largehhd. ") is accompanied by a representation of the monogram or othersymbol which the parcel bore as a distinguishing mark. ]

An Inventory of the goods and things taken into the custody of Mr. Nathaniel Fryer that came in the Shipp _Providence_ of Falmouth, ofwhich shipp Mr. Henry King was Mate in a voyage from England toVirgenia but now Master. 

_a large hhd. _

13 pa. Fr. Falls[2]11 pa. Pl. [3] shooes 1 wier kage 6 pa. Mens wollen hose12 pa. Irish cloath hose 2 old hatt 2 new shirts 2 p'ces shearge20 pa. Worsted hose 1 p'ce blue linnon 28 1 dito 29 1 dito 44 1 halfe p'ce lockram[4] 3 halfe pound of wt. Thread 1 lb. Browne thread 1 paper col. Filleting 1 paper col. Thread about a ld. 1 p'ce sheeting canvas 12327-1/2 yards dowlas[5] 1 coat } 1 dublet } part worn 2 pa. Briches } and oakum to fill up the hhd. That these things were in. 

[Footnote 2: French (?) falls; a fall was a collar falling flat aroundthe neck. ]

[Footnote 3: Plain. ]

[Footnote 4: A linen fabric. ]

[Footnote 5: Coarse linen. ]

_a large hhd. _

 1 doz. 10 paire mens fr. Falls 4 pa. Pumps with heeles 2 saddles 7 curb bitts 6 snaffall bitts 1 pa. Black head stall and raynes and crupp and breastplate 1 dubble girt 4 halters 1 doz. White raynes and headstalls 6 pa. White stirrup leathers 1 doz. Pa. Boyes and girles shooes 2 doz. 1/2 mens pl. Shooes 1 p'ce kersie no. 1: 26-3/4 1 p'ce dito--2:26 1 p'ce. Searge

_a little hhd. _

 6 large pewter basons 3 large Iron shovels 1 curb bitt 1 side saddle and furniture 2 doz. Pa. Mens fr. Falls10 pa. Mens pl. Shooes 2 pa. Woodden heele weo. [6] shooes

[Footnote 6: Women's. ]

_a little hhd. _

40 pa. Fr. Falls and woodden heele shooes for men and w. 18 pa. Mens pl. Shooes 2 pa. Boyes pl. Shooes

_a broad hamper. _

 5 doz: 1/2 low crowne black hatts

 * * * * *

 9 reams of paper Damnified[7] 2 peeces of haire cloath ell wide a small baile of 2 small p'ces of small canvas 1 p'ce ell wide fine canvas in a bundall 1 p'ce Lockram } halfe a peece fine dowlas } in a bundall

[Footnote 7: Damaged. ]

_a box. _

 3 gounds[8] 2 Jasto Corps[9] 4 stuffe coates for men

[Footnote 8: Gowns. ]

[Footnote 9: Justaucorps. ]

_a box. _

 2 stuffe vest for boyes 2 boyes little coates 2 childrens coates 2 scarlett parragon[10] coates 2 childes parragon coate 1 boyes coat

[Footnote 10: Double camlet. ]

_a box. _

 5 coates and briches for men 2 weo. Stuffe gounes 2 mens cloakes

_a box. _

 1 p'ce blue linnon a small parcell dowlas a small parcell lockram22 small bundles black thread 1 doz. Mens white worsted hose, ratt eaten

_a box, the baile in it. _

13 peeces blue linnon

_a box. _

23 low crowne black hatts16 p'ces of taffeta ribbon severall colours20 p'ces of black dito

_a box. _

12 peeces blue linnon

 * * * * *

a barrell of powder

_a small box broak open. _

 7 yards ticking28 yards blue linnon 2 pa. Weo. Parragon bodices and Stomegers[11]17 yards 1/2 of Stuffe 1 lb. Black thread

[Footnote 11: Stomachers. ]

 * * * * *

 1 small barrell of nayles

_a great chest. _

 7 peeces kersie 2 p'ces red playnes[12] 1 p'ce white cotton12 grose coat button 2 doz. Pins 4 peeces galloune[13] 3 papers white filleting12 peeces white tape a paper sewing and stiching silks about a ld. 6 paire woe. Parragon bodices and stomegers 6 pa. Childrens bodices

[Footnote 12: Flannel. ]

[Footnote 13: Narrow braid of gold, silver, or silk thread. ]

 * * * * *

 2 brass panns69 Duch blue potts 2 small sloope sayles 3 small quoiles[14] cordidge 4 quarter casks of brandy 2 puncheons of mault 3 small casks of wine, 1 pt out sd to be Masters. 40 white Jarrs of oyle13 doz. Stone bottles11 barrells of Bread 1 old missen 1 old fore saile 1 new fore topsaile 1 maine topsaile 1 maine saile 1 fore saile 1 maine topsaile 1 Ensigne[15] 1 Jack 1 pennant 1 long boats new maine saile and fore saile 1 sprittsell topsaile 1 new spritsaile 1 maine saile 1 missen top saile 1 missen 1 old fore topsaile 1 fore topsaile 1 old fore sailefore bouelings and braces and clue garnets[16]fore Jeerebuntlins and fore topsaile clulingsfore top mast stays topsaile bouleings and lifts topsaile sheets topmast backstayes topsaile tie and halliards tacks topmast shrouds sheets sheet blocks Topsaile sheets blocksMaine boleings--missen BrailesMaine topsaile liftsMaine topsaile braces brases topsaile tie and Halliardes clue garnetes leich linees topmast backstaiees topmast sheets topmast shroudes buntlins topsaile bowlelings tackes topmast clulings and lifts and maine Jeere topmast staye, topmast buntlins sheets, sheete blocks

[Footnote 14: Coils. ]

[Footnote 15: The ensign was the ship's chief flag. The jack was asmall flag, in this case no doubt the union jack, combining thecrosses on the flags of England and of Scotland, and was at this timecommonly flown at the spritsail-topmast head. ]

[Footnote 16: Of the various ropes here mentioned, bowlines and brailsran to the perpendicular sides of square sails, buntlines across theirfronts; clew-garnets and clewlines were tackles for clewing up thelower and the upper square sails respectively, jeers for hoisting thelower yards; lifts ran from the masthead to the yard-arms, leech linesto the sides of the topsails. ]

_What in 3 Chests (of the Seamens)_

_No. 1. _

 4 horse whips 1 weo. Coat 3 doz. Thread laces 2 pa. Childrens hose 1 grose brest buttons 1 p'ce diaper tape 3 pocket paper bookes 2 whisks 1 band 1 silke neck cloath 1 demity wastcoat 1 old shirt 2 yards striped linnon 6 yards Stuffe 1 p'ce kersie 1 coat 1 pa. Briches 3 forestaffs[17] and vaines

[Footnote 17: Simple instruments for taking altitudes (and sodetermining latitudes). ]

_No. 2. _

 1 lookeing glass 1 doz. Pa. White worsted hose for men 1 brass old trumpett 5 shirts } 3 pa. Drawers } foule 1 pa. Fine gloves 2 stuffe coates 1 pa. Briches, wast coat, and Jacket 1 wast coat and Jacket more 1 pa. New and 3 pa. Old shooes 1 pa. Yarne stockings 3 neckcloaths 2 pa. Hose 1 pa. Linnon sleeves 2 napkins, and severall other small things. 

_No. 3. _

 1 peece fine broad cloath 6 yards 1/2 branch and Streaked stuffe 6 coates for men 1 stuffe pa. Briches and dublet 3 pa. Cloath briches 1 old dublet 1 girles petticoat 2 pa. Irish stockings 3 pa. Childrens hose 1 woe. Boddy of a gowne 1 pewter candlestick and socket 5 boyes hatts17 yards blue linnon one perriwig 2 white tiffeny[18] hoods 2 pa. Gloves12 yards stuffe in 2 p'ces 3 bands[19] 1 laced 5 yards searge 2 pa. Sleeves 2 small p'ces diaper filleting 4 yards 1/4 searge 1 gr. And 11 doz. Buttons 4 yards striped stuffe 3 doz. Thread laces 6 yards shalloune[20] a parcell of thread about 1/2 ld. 1 childes silke cap and a little parcell of silke and severall other small things. 

[Footnote 18: Tiffany, thin transparent silk. ]

[Footnote 19: Collars. ]

[Footnote 20: Woollen stuff used for linings. ]

 * * * * *

 1 kettle } 1 pott } left on board 1 stuepann }26 Iron potts25 Iron long bolts 6 chaine plates with dead eyes[21]10 Iron bound dead eyes 7 wood axes 6 pump speires12 small boltes17 Iron clamps 1 bagg of 2d. Nayles 2 baggs of 4d. Nayles. 2 pruneing hookes for gardens 8 musquets (1 noe lock) 5 Iron hinges for ports80 great speeks[22] 2 pintles 2 good Irons 1 top chaine 3 great rings 1 basket of sheathing nayles } halfe full each. 1 basket of 40d. Nayles } 1 fiz gigg[23] 4 hookes 1 shovel12 small rings 1 poope lanthhorne 1 Iron mill with 2 winches 1 cross cutt saw 2 chaine bolts more 2 pumpe Irons 2 table hookes 1 shirk hooke[24] 2 dogg Irons 2 doz. Of 8 Inch blocks 1 doz. Of 6 Inch blocks 1 doz. Of 4 Inch blocks11 blocks of 6 and 4 Inch 1 doz. Of 5 Inch blocks 7 of 14 Inch blocks 1 topsaile sheete block 3 double table blocks17 dead eyes 9 pump uper boxes10 dito lower 5 blacking barrels 8 small glasses 1 wach glass 4 cumpasses12 sk. Twine about halfe a barrel of powder 8 yards of canvas 2 pa. Stilliards without peises 3 small baggs of 2d. Nayles (in a bagg) 1 dipsey lead[25] 18 lb. 2 pistalls 1 carbine 1 p'ce Leather 1 small fouleing peece 3 straw hatts 3 cables and 2 hallsers 4 anckors (sheet, best bower, small bower and kedge) 5 Iron gunns The Ship _Providence_ and standing rigging with long boat and Skiffe. 

[Footnote 21: Wooden blocks for extending the stays. ]

[Footnote 22: A speek was a large nail; a pintle, then as now, arudder-pin. ]

[Footnote 23: A kind of harpoon. ]

[Footnote 24: Hook for sturgeons; dog-irons were probably fire-dogs. ]

[Footnote 25: Deep-sea lead (for sounding). ]

In Obedience to a Warrant Comeing from the County Court held in Bostonthe 30th day of Aprill 1673, Unto us whose names are hereunderwritten, for to take an Inventory of the Estate and goods in the Shipp_Providence_ of Falmouth, lately arived in Piscataqua River, etc. , andto Render an acco't thereof unto the present Deputy Governor by the7th of May, wee haveing accordingly done the same (as time wouldafford) Doe Signifie Unto the Honourable Deputy Governor, that thebefore mentioned particulars are the whole, that to our certaineknowleidg is come (in the said shipp) and that, according to thewrighting at the beginning hereof, they are Secured in the said Fryershands and the shipp well mored in the harbour at the Great Island inPiscataqua River. 

 NATHANIELL FRYER. May the 5th, 1673. HENRY DERING. 

_34. Examination of John Johnson. May 5, 1673. _[1]

[Footnote 1: Suffolk Court Files, no. 1257, paper 18. ]

The examination of John Johnson steersman of the frigott_commonwealth_, Capt. Cornelius Lincourt Comd'r. 

December the 15th their stile[2] they came out of Flushing in theabove sd Frigott with 20 gunns and ninety six men and boys, bound fromFlushing to the Canarie Island, and in their way they tooke a Londonerbound from Malaga laden with fruit, which they sent to the Groyne, [3]and the men they putt on shore at the canaries. From the Canaries wesailed to the Cape de Verd Islands and from thence to Barbados, wherethey tooke a small French sloope, and from thence we sailed to theCapes of Verginia and in our way we mett with the _Providence_ ofFalmouth, which ship we tooke on the 15 day of Aprill, our Stile, [4]in the latitude of the capes, about 30 Leagues to the Eastward. Itbeing a stormy night they drive away under a maine course to thenorthward. For 2 days afterward they stood in againe to the capes butcould not see their frigott, so then we stood away for the Groine, andmeet with a small Londoner bound for Verginia, who came abord on usfor water, and we took the men being 5 and putt them in to the hold, then he that was Master of the ship went on board the Londoner andthose men with him, whome the Londoner carried away, so then wefollowed them but could not overtake him, so the night following theEnglish that were upon Decke conspireing with them in the hold, in themorneing they tooke the ship from us, and brought us to Piscataqua. 

[Footnote 2: _I. E. _, new style, which the Dutch used. ]

[Footnote 3: The name then used by the English for Coruña, innorthwestern Spain. ]

[Footnote 4: April 5, O. S. See documents 32 and 36. ]

Taken in Boston 5 May 1673 before

JOHN LEVERETT, Dep. Gov. [5]

[Footnote 5: John Leverett was deputy-governor 1671-1673. Two dayslater, May 7, 1673, he was elected governor, and so continued till1679. ]

_35. Declaration of Edward Bant and Others. May 8, 1673. _[1]

[Footnote 1: Suffolk Court Files, no. 1257, paper 12. ]

A Declaration of some Occurrents that happened to us in our latevoiadge from London in the Ship _Barkely_ of the saide port, NicholasPrynne Commander, intended for Virginia, Anno 1672/3. 

On the twelfth Aprill 1673 being in saide Ship about the Lattitude ofthe Capes of Virginia about 80 Leagues distant, wee saw a sail towardsEvening, and being in want of provitions, seeing her to be a Flyboate, [2] made towards her and came up with her about Eight a clockand hailed them asking them of whence theire Ship. They answered ofFalmoth. Wee ask't them from whence they came. They answered fromVirginia, and called mee by my name and asked mee how I did. Wee askedthem what places they loaded at. They answered, in Petuxin River. [3]wee told them wee wanted some provitions. They answered us if we wouldhoise out our Boate and come on boarde, they would spare us water andother provitions what they could. In order thereunto wee did soe, andI being desired by the Master and Merchant[4] to goe on board with theBoate to Endeavor to gett what provitions I could, our Marchant whowas the owner also desired mee to stay, and hee and the Doctor wouldgoe with mee as soon as they had sealed theire letters. Our Masternot having ended his writing the marchant desired him to goe on boardwith us also and to finish his letter there, and accordingly withthree more Seamen wee went on board saide Ship, and when wee camethere founded severall Dutchmen on board who had the Command of her, they having lately taken her from the English. The Ship was called the_Providence_, belonging to Falmoth, Thomas Radden having been latelymaster of her. The saide Dutchman Surprized six of us and kept usprisoners and sent one of our Company with three Dutchmen on board ourShip, who lay by us till the next morning. Then the Dutch Commandercomanded our Ships' Boate to come on board his Ship againe, whichaccordingly they did, hee promising our merchant to take out our goodsand to give us our Ship againe, in order whereunto hee provided onehogshead of bread to have given us as hee saide and tooke our marchantwith him and went on board our Ship, and about halfe an hour after ourShip made sail and Steered to the westward: and then the Dutch men putus who formerly belonged to her down into the hole and made sail afterthe saide Ship for about two houres, and seeing they could not come upwith her stood on theire course againe to the Eastward, and byreceiving advice from those Englishmen that were at liberty werecombined together for them to make way for our coming up and soe torush out upon the Dutchmen at once and to Subdue them, for therescueing of ourselves and Ship, which with god's blessing weeEffected, without loss of life or bloodshed to any, and then agreedamong our Selves to come away with saide Ship to New England, whichaccordingly wee did and after Eleven days passage by reason ofcontrary wind and foggy weather arrived in Piscataquay River on the23th Aprill 1673. 

[Footnote 2: A small swift ship of Dutch pattern (originally _Vlieboot_). ]

[Footnote 3: Patuxent River, in Maryland. ]

[Footnote 4: _I. E. _, supercargo. ]

EDWARD BANT, Mate. JOHN RESSELL. JONAS LEWIS. 

Att a Court of Assistants on Adjournment the 8th May 1673, EdwardBant, John Russell and Jonas Lewis deposed in Court that havingsubscribed their names to this declaration that it was the truth thewhole truth and nothing but the truth:

As Attests EDWARD RAWSON Sec'ty

_36. Declaration of Henry King and John Champion. May 8, 1673. _[1]

[Footnote 1: Suffolk Court Files, no. 1257, paper 10. ]

A Declaracion of some Occurrents that happened us in our late voiadgefrom Falmouth intended for Virginia in the Ship _Providence_ ofFalmoth, Anno 1672/3, Thomas Radden Commander. 

About the 12th November 1672 wee sailed from Falmoth in the aforesaidShip to Plimouth for convoy and there lay till the 15th Januaryfollowing, when wee sailed under convoy with a fleete of about 90sail. Our convoy went with us about 80 Leagues to the Westward ofSilly, [2] then with about ten sail more were parted from the fleet andwere making the best Emprovement of winde and weather to gaine ourport till the 4th Aprill following, when wee between the houres offour and six in the morning saw a Sail upon our weather quarter. Weemade what sail wee could, hee giving us chase, in about two houres heecame up with us, showed us Dutch colours, comanded us by the lee andto strike our Topsaile and ancient:[3] wee seeing of him to bee a manof War of Force could make no resistance against him, did accordingly:then the Capt. Himself came aboard of us with twelve Dutch men more, showed us his Commission Signed by the Prince of Orange, for thetaking of English Ships: the Capt. Was named Cornelius Linquoint andcommanded the Ship in English called the _Commonwealth_, of 20 peiceof Ordnance. Then hee tooke our master, merchant and ten seamen moreout of our Ship and left seven of us aboard and soe went aboard hisman of war againe and ordered the Dutch Steersman, whome hee leftwith Eleven Dutchmen more on board of our Ship, to Steere after theman of War, and in case wee should bee parted by weather to Saile withour Ship to the Groyne in Galecia, as the said Steeresman informedmee: the same night following wee lost the man of War--the said Capthaving told mee that if wee kept Company while the next morning heewould take the Goods out of our Ship on board the man of war and giveus our own Ship againe, but having lost Company of him in the night, wee bore up the helme to the Eastward, intending for the Groyne, asthe Steersman informed mee. Having plied too and againe 6 days hopingto meete with the man of war againe, two days after wee bore up weesaw a sail which made towards us, being about 3 Leagues from us. Betweene six and eight aclock in the evening they came up with us, andhailed us asking whence wee were. The Dutch Steersman, standing with aladen pistol presented to my breast, commanded mee to answer them inthose words he should dictate to mee, bid mee answer them, of Falmoth, and to tell them wee came from Petuxine River in Virginia, and if theywanted anything if they would hoise out theire Boat and Come aboardwee would supply them, upon which they hoised out theire Boat and theMaster, Merchant, Mate, Doctor and two seamen came on board in theBoate, and after they had entred our Ship the Dutchmen Surprized themand sent three Dutchmen on board theire Ship and the Ship staied by usall the night. Next morning the Dutchmen intending to goe on boardcommanded the said Shipps boats on board, who came accordingly, andthe Dutch Skipper went on board the aforesaid Ship intending to takeout her goods and put on board of our Ship, as hee saide, in orderwhereunto hee tooke the merchant along with him. About halfe an hourafter, the said Ship made sail and steered to the westward. Wee in ourShip making Sail followed them between two and three houres, andfinding wee could not come up with her left our chase and stood to theEastward againe, there being five Englishmen belonging to the saideShip prisoners in our Ships hold. About six houres after, the sameday, wee Englishmen that were at liberty, by writing to them in thehold, conspired together with them to lett them come up and soe torush all out together upon the Dutch men and if wee could Subdue themto rescue ourselves and Ship, which accordingly with gods' blessingwee effected without any loss of life or shedding of blood and soeintended to New England, being afraide to goe for Virginia leaste weeshould meete the man of War againe and being unable to carry the Shiphome for England, and after eleven days lying at Sea by reason offoggy weather and contrary windes wee arrived at Piscataquay in NewEngland aforesaid being 23th Aprill 1673. 

[Footnote 2: The Scilly Isles, off the southwesternmost cape ofEngland. ]

[Footnote 3: Ensign. ]

HENRY KING, Mate. JOHN CHAMPION, Bosson. [4]

[Footnote 4: Boatswain. ]

At a Court of Assistants held at Boston on Adjou't, 8th May '73, HenryKing, John Champyn and John Sennet deposed in open Court that thisDeclaration is the truth, the whole truth and nothing but the truth. As Attests

EDWARD RAWSON, Secty. 

Portlidge bill of Wages due to the Company belonging to said Ship_Providence_ is as followeth:

 £ s. D. 

Henry King, Mate, at 55s. Per mo. , --4 mos. , 5 days-- 11. 9. 2John Champyn, Boatswaine, at 36s. Per mo. , --4-1/2 mo. , 5d. 8. 6. 2John Jorey, Carpenter, at 3 [pounds] per mo. , 4-1/2 mo. 13. 10. 0John Sennett at 28s. Per mo. , 3 mo. , 5d. 4. 8. 6John Burley at 28s. Per mo. , 4 mo. , 5d. 5. 16. 6George Taylor at 28s. Per mo. , 3-1/2 mo. 4. 18. 0Richard Gross[5] at 20s. Per mo. , 4 mo. , 5d. 4. 3. 4 ------- 52. 11. 8

[Footnote 5: The margin adds, "sick aboard. "]

8 May 1673. 

It is ordered that the seamen above shall be allowed and payd theirseverall wages (according to their Portlidge bills here Given in) byMr. Fryer, he taking their receipts of the several seamen. As Attests, EDWARD RAWSON, Sec'y. 

_37. Petition of Thomas Raddon. June 10, 1673. _[1]

[Footnote 1: Suffolk Court Files, no. 1257, paper 7. ]

To the Hon'rble the Governour and Magistrates Assembled in Boston, The humble request of Thomas Raddon is that whereas the authority ofthis Jurisdiction hath taken care to secure the ship _Providence_ ofFallmouth in old England, wich was brought into Piscataway byreprisall and the Cargo in her, whereof I the said Thomas Raddon wasshipped Master by the owners to performe a voiage to Virginia and fromthence home againe, for which care I doe in the behalf of myself andowners returne humble and hearty thanks to your worships. 

And whereas the Providence of God soe ordering that I am now comemyselfe, my humble request is that your worships would bee pleased togive orders that the said ship and Goods may be speedily deliveredunto your petitioner, that soe I may (with Gods blessing) proceed inmy intended voige for the benefit of my imployers according to myobligation, and your petitioner shall ever pray for your worshipsprosperity. 

THOS. RADDON. 

In Boston this 10th of June, 1673. 

This was presented to the Hono'ble Jno. Leveret, Esq'r, Gov. , the 11thof June 1673. As Attest EDWARD RAWSON. 

The Governor and Magistrates having perused the Certificate andfinding that Tho. Raddon above, being now arrived, and the rest of thecompany that was took out of her, was the Master of the said Ship_Providence_, ordered the Secretary to signify to Mr. Nathaniell Fryerthat they advise him to deliver the said ship and what was in her tothe said Tho. Raddon, Master, for the use and benefit of the owners, he discharging the charges formerly advised to. As Attest. EDW. RAWSON, Secret'y. 

THE _ST. ANTHONY_. 

_38. Examination of John Tooly. June 17, 1673. _[1]

[Footnote 1: Suffolk Court Files, no. 1257, paper 17. ]

It was my Chance to be in Lesbon and wanting a woage[2] I shiped myslefe [selfe] A board of a portungal buelt ship, Mr. OrchardCommander, but some five dayes After it plesed the Almyty God to takehim out of the woarld, and when that wee was Agoing to bury him Iheard the men that was in the boate to helpe Rowe him over the water, for the portugeses would not suffer us to bury him in Lesbone, saythat thay would have A Ship Are Longe, but I did not know how, notthen, and some one day thay went into the house[3] for thay Could openthe Locke of the haches when thay plesed and drawed wine of theMarchantes and soe sate doune to geather to drinke, and I being near, thay not deming of it, I heard them say that thay would asay[4] it allat once, and Liquise[5] that thay would Rune away with the ship, soe Idisclosed it to the Master and the Marchant for our Marchant had gone, another master, which was Capt. Haddockes second mate, which was thenComander of the Engles[6] ship Lying in Lesbone Rever, John Terry byName, soe thay tooke three of them and put them in presone at Lesbone. It was the boatswane and two men more, but by Resone that one willamforrest which was Aboard that Gave the suprecargo Mr. John Pane farewords, the suprecargo would not sufer him to be put in to preson, butthat hee should Goe the woage, and because thay Could note Geeteanother Carpenter thay would not put the Carpenter in to preson, butthat hee should goe the woage Lyquise, soe the Master John Terry shipdtwo men more in there Romes which ware English men, Edmun Cooke andJohn Smith, and Afterwards hee shiped 2 Duchmen whose names I knownot, and wee ware bound for newfoundland for a sacke, [7] but when weehad been about A weake at sea these two men, namly Willam forrest andJohn peket the Carpenter, perswaded the other two Engles men, EdmunCooke and John Smith, and one other Engles which was a board and thetwo Duch men, to surprise the Master, the suprecargo and Mate, aportungall boy and I, and soe to Rune away with the ship. And wachingthare Oppertunity when the Master and the Marchant was a slepe in theRoundhouse, the Mate A Riting in the Cabing, and I was at helme, theCarpenter came into the sterege and cauled the [said?] Edmun Cooke andJohn Smith out of thare Cabing whare thay ware aslepe, and soe thaywent forward togeather into the forcasell and immeadly thay Came Aftagane, the two Duchmen and willam forrest, the Carpenter and EdmunCooke, John Smith and the other Engles man. Soe the two Duchmen andthe Englesman that is not named came into the sterege. The other fowerwente up upon the Quarterdecke and surprised the Master and theMarchant where thay ware a slepe in the Round house, and the otherthree sayed to me that if I did offer to stere I was a dead man. Soethe Mate hering that in the Cabin where he was a riting salied out ofthe Cabing in to the sterege. Soe thay tooke hould of him and throedhim upon his back and soe held him and would not suffer him to ster. Soe I rune doune the scutell which was in the sterege and hede myslefe amounge the sayles betweene deckes, for I heard the Master andthe Marchant Cry out most petifully. Soe I thought to my slife whenthare pasene[8] was over that I mite perswaed them to save my Life. Soe thay bound the Master and the Marchant and Carryed them forwardupon the forcastell. But presenly after thay Loused them agane and putthem in to the Greate Cabing all togeather, and would suffer but oneto Come upon the deck at a time. The Master and the Marchant proferedthem that if thay would thay would take a drame of the botell and setdoune and drink frinds and that all things should be forgoting, butthay would not Exsept of there profer. Soe I went upon the deck anddesyred them that thay would be plesed to Lend us a sayle, for thaytould us that thay would hoyst out the boate and Give us someprovisones and tourne us to shift for our slevs. Soe wee desyred tobeare up the helme for to put us As neare the Land as thay Could. Soe[_torn_] some 2 howers. Soe thay Gave into the boate All neceesaryes, as provisons, wood, water and Lequers, with a sayle and mast and ores, A grapnall and grapnall rope, sayle nedles, twine and pame[9] for tomen[d] the sayle. Soe Will Forrest, walking upon the Quater deck witha backe swoard[10] in his hand, Commanded the boat to be hoysted outand all those forenamed nesessarys to be got in to her, with a Compas, Quadrant and a plat, [11] and soe Comanded the Master, the Marchant andthe Mate and the portuges boy in to the boate. John Tooley andAllexander[12] ---- would have gone into the boate with them, but thaywould not suffer us to goe [_torn_] Master saed [or] asked them[_torn_] that thay would keepe us but thay would not harking unto themand would not Let us goe. 

[Footnote 2: Voyage. ]

[Footnote 3: The house or cabin on the after-deck. ]

[Footnote 4: Assay, attempt. ]

[Footnote 5: Likewise. ]

[Footnote 6: English. ]

[Footnote 7: Plunder. ]

[Footnote 8: Passion. ]

[Footnote 9: A sailmaker's palm, which serves the purpose of athimble. ]

[Footnote 10: A sword with one edge. ]

[Footnote 11: Chart. ]

[Footnote 12: Wilson. The name can be supplied from the _Records ofthe Court of Assistants of Massachusetts Bay_, I. 12. ]

John Tooley gave in this upon examination as a true narrative of thetransaction in the Ship _Anthony_ when she was surprised by forest andPickard, etc. , he the sayd Tooley being of the age of Twenty years orthereabouts. 

Before us JOHN LEVERETT, Gvr. EDWARD TYNG. WILLIAM STOUGHTON. 

John Terry, M'r, being present when this was spoken by John Toollybefore the Govn'r, Mr. Ting, Mr. Staughton and Major Clarke on 17 June'73, being Asked whether what John Toolly had declared was the truththe said Terry Ansed he acknowledged the same to be the trueth: AsAttests

EDWARD RAWSON, Sec'ty. 

19 of November 1673. 

This examination of John Toollys being Read in the Councill with theAcknouledg'mt of the Master John Terry that it was the Trueth, TheCouncill ordered his dischardge from further attending: and that theSecretary Give him the signification thereof to the said John Toolly. 

As Attests, EDW. RAWSON. 

The Examination of Jno. Tooly marriner of Ship _St. Anthony_:[13]

[Footnote 13: A marginal note reads: "Pres[en]t, Govr. , Capt. Gookins, Mr. Russell, Mr. Danforth, Mr. Tynge, Mr. Stoughton, Mr. Clarke", allof whom were at this time members of the Court of Assistants. Anendorsement reads: "Toolly Examination taken 17:9:73, " _i. E. _, November 17, 1673. ]

What is your name?

Jno. Tooly, borne nere norwich. 

He saith that he was at Helme when the Rising was. 

How long was it after you came to sea. 

Ansr: about a weeke. 

Who rise first or the manner of their Rising?

the Carpenter having a handspike in his hand called to forrest, whowith the two Dutchmen came forward with Cooke, etc. [14]

[Footnote 14: John Smith and Edmund Cooke were condemned to death fortheir share in these acts of piracy, but were pardoned by the GeneralCourt, December 10, 1673. _Records of Massachusetts Bay_, vol. IV. , pt. II. , p. 573. ]

_39. Examination of William Forrest. October 20, 1673. _[1]

[Footnote 1: Suffolk Court Files, no. 1257, paper 15. ]

Newport one[2] Road Iland. 

[Footnote 2: On. ]

The Examinatione of William forist, mariner, taken the 20 day 8 mo. [3]1673. The foresd forist beinge examined acknowlegeth that he was owneof that mutinous Company that Raised Reblion in the ship Called the_Sainte Anthony_ upon the Coaste of portingall, one hundred and tennleags from Land, and theire with others did deprive John Tarry, Master, of his power given to him leagelly to Gouvern the aforesdshipe: but denies that he had a hand in forsinge him over borde, orthose that went with him, but sd he and them might have continuedlonger in the aforesd shipe: but owned that he with others did deprivehim the sd John Tarry the Gouverment and ordring the aforesd shipe, and beinge asked concerning their further prosedings, owned that hewith others brought the aforesd shipe called the _Sainte Anthony_ intopascattoga River in new Ingland, where he the sd forrist was then theReputed master, whoe undertooke to be owne (to witt the Cheefest) thatmanaged and disposed of most or all the aforesd Ships Cargoe, till bysome means of fallinge out amonge themselves was discovered, uponwhich the sd William forrist mad an Escape for a time, till he wasapprehended at new plimoth in new Ingland, whence he acknowlegeth helately Escaped out of his magisties Gale[4] at new plimouth asaforesd, and forther beinge examined, owned (to wit, william forist)that John Tarry and the suprocargoe ware the persons that had Right toGoverne, order and dispose of the abovesd Shipe and Cargoe, which heethe aforesd william forrist and Company unjustly Deprived them of. Taken before us

NICHOLAS EASTON, Gov'r. [5]WILLIAM CODDINGTON, D'py Gov'r. 

[Footnote 3: October. ]

[Footnote 4: Jail. ]

[Footnote 5: Nicholas Easton, governor of Rhode Island from May, 1672, to May, 1674; William Coddington, deputy governor 1673-1674, andafterwards governor. ]

_40. Petition of Allwin Child. October 24, 1673. _[1]

[Footnote 1: Suffolk Court Files, no. 1257, paper 5. ]

To the Hon'rd Governor and Coart of Asistants

The Humble Petition of Allwin Child

Sheweth, That a ship called the _St. Anthony_ was consigned unto yourpetitioner from Lisbon under the Command of John Tarry, and in hisvoyage, about one hundred and ten Leagues from Lisbon, the seamen ofthe sd. Ship mutined Against the sd. Commander and turned himself, hissupercargo, mate and Boy out of said ship into the Boate to shift forthemselves and Ran Away with the shipe, Some of the men so runningAway being at present under conviction in this prison, and threeothers having bin taken at Plimouth in order to bee also Brought toAnsware for their misdimeniors before the Authouritey of this Colony, But did theare Breake prison and escaped unto the Government of RoadIland, at which place they are Apprehended, and the said Tarry isLiquise now Arived there for Another ship, consigned allso to yourpetitioner, and is there detained to prosicute the Above offenders. 

Your Petitioner in Behalf of the Imployers humbly craves that yourHon'rs would be pleased to take such Coarse that the said escapedprisoners may bee sent for to this place to Answare these factsAccording to Law, the Evidence Against them Being partly heard AllReady, and the Comander being also Bound to this place, soe that hisstay theare will bee very preduditiall to the voyge of said ship andImployers, the Ship Requiering A speedy Dispatch. And he shall Pray

[_Endorsed:_] Allwin Child petition to Gov'r and Mag'ts in Court ofAssists. 24 Oct. 1673. [2]

[Footnote 2: The Court of Assistants, March 7, 1674, fined MajorNicholas Shapleigh 500 pounds for harboring and concealing in hiswarehouse William Forrest, Alexander Wilson, and John Smith, "capitalloffenders, " arranging their escape, and receiving and concealing theirgoods. _Records of the Court of Assistants_, I. 12-14, where apetition of Alvin Child in the matter is referred to. See also MaineHistorical Society, _Documentary History_, second ser. , VI. 38-42. ]

CASE OF RODRIGUEZ AND RHODES. 

_41. Declaration of Thomas Mitchell. May 24, 1675. _[1]

[Footnote 1: Suffolk Court Files, no. 1390, paper 1. This case appearsin the _Records of the Court of Assistants_, I. 34-39, 42. The chieforiginator of this episode of piracy was a Dutch captain from Curaçao, Juriaen Arentsen. In 1674, when a state of war existed between Franceand the Netherlands, he captured the French forts at Castine and St. John, and took possession of the region as "New Holland. " Then, "atthe _Bear_ in Boston, " he gave some sort of commission to anotherDutchman or Fleming, Peter Rodrigo or Rodriguez, to John Rhodes ofBoston, and others, under which they proceeded in the piratical mannerdescribed in documents 41 and 42. The Court of Assistants had now, bya law passed in December, 1673, been fully authorized to act as acourt of admiralty (which hitherto it had done without formalauthorization); sitting as such, May 17-June 17, 1675, it condemnedPeter Rodrigo, Dutchman, John Roads, late of Boston, Peter Grant, Scotchman, Richard Fowler and Randolph Judson, Englishmen, for piracy, and sentenced them to be hanged. All were however pardonedsubsequently. _Records of Massachusetts Bay_, V. 40, 54, 66. Mitchelland Uring were whipped for complicity, of which there was evidencecontradicting their testimony here presented. For the background ofthe whole story, see C. W. Tuttle, _Captain Francis Champernowne, theDutch Conquest of Acadie, and other Historical Papers_ (Boston, 1889), pp. 137-150, 349-399. ]

To the Hon. Court of Assistants sitting in Boston

The Declaration of Thomas Mitchell of Maulden Fisherman Humblysheweth, That the said Mitchell beinge hired in October last bothhimself and the Barque whereof he was a part owner, for three monethscertaine and foure uncertaine upon a Tradeing voyage to the Eastwardas farre East as a Plais called Siccanecto[2] in the Bottome of theBay of Fundi by Captaine Peter Roderius and other of the Privateers, as by a Charter Party under their hands and seales more att Large itdoth and may appeare, had nott any thought or suspition that the saidPrivateers would have taken any things from any man wrongfully, theybefore they went out severall times promiseinge the contrary (which ifthey should deny may be made to appeare). Butt when sd. Privateerscame to the Eastward, instead of complyinge with their Charter Partyor makeinge good their Promise, forced the sd. Michell to carry themwhither they Pleased, and although the sd. Michell was very earnestSeaverall times with them to be discharged from their service, proffering them at Pemequid, [3] before he went out of thisJurisdiction, to loose the hire of his vessell and with more theydesired rather [than] to proceed any further in said voyage, asLieutt. Gardner[4] and his sonnes can testifie, And when he came backefrom Pemequid, had he nott, the winde being Faire, been forced awaybefore he could speak with Lieutt. Gardner, he might have hadsufficient testimony from them of his unwillingnesse to proceed anyfurther with them; Neither did the said Michell give his consent totheir takeinge of any vessell or goods from any Person but as farr asin him lay and as much as he durst did oppose the same: Neither hadthe said Michell any share or part of any of the said goods that theaforesd Privateer tooke, nor had any hand in the takeing of eithervessells or goods, butt was alwayes agt. Such their proceedings, andwhen they came as farr East as Naskeague, [5] when the Privateers spakeof goeing over the Bay of Fundi he told them he had rather give them aHundred Pounds than goe over the Bay with them, as by the Testimony ofRobert Wills may appeare which was sworne by The Worsp'll Mr. Stoughton. [6] Nevertheless they forced the said Michell to goe overthe Bay with them, tellinge him they would carry him and his vessellwherever they pleased, And Being at Tuskett Islands, [7] the saidMichell demandinge his hyre, telling them the time was expired thatwas mentioned in the Charter Party, and that he desired to goe home tolooke after his familie and to pay his Merch'ts that had betrustedhim, And withall he forewarned them for weighing his Anchors for hewould stay noe longer in their service; But Richard Fowler, threatninge that he would make a hole through his skinne if hee didnott hold his tongue, went and, whether he would or nott, weighed hisAnchors and forced him to goe backe to Machias; The said Privateers bytheir uncivill Carriage did make the said Michell soe weary of thevoyage that if he could have gotten an opportunity he would have comeaway with his vessell and left them there, though he had lost all hishire and what also he carried out with him; Now the Premisses beingeconsidered by this Hon'ble Court, he hopes they will have soe muchCharitie for him as to conclude him nott guilty of those actions thatare laid to his Charge: The Just and Righteous determinations whereofhe Leaves to the Wisdome and Clemencie of this Hon'ble Court, and isbound to subscribe Himself

Your Honours Most Humble Servt. , THOMAS MITCHELL. 

Boston, May the 24th, 1675. 

[Footnote 2: Chignecto, Nova Scotia. ]

[Footnote 3: Pemaquid, Maine, east of the mouth of the Damariscotta. There was an English settlement there from 1626. As to thejurisdiction, all this region east of the Kennebec had been includedin the Duke of York's patent of 1664, but his governor at New Yorktook no active steps to assume its government till 1677, and _defacto_ Pemaquid in 1675 was in the jurisdiction of Massachusetts, which in 1674 had organized the region east of the Kennebec as thecounty of Devon. ]

[Footnote 4: Lieut. Thomas Gardiner, resident at Pemaquid, was chiefmilitary commander and treasurer of the county of Devon, and a countymagistrate. ]

[Footnote 5: Near Sedgwick, Maine. ]

[Footnote 6: William Stoughton, of the Court of Assistants, afterwardlieutenant-governor of the province; see document no. 70, _post_. ]

[Footnote 7: Off Yarmouth, Nova Scotia. ]

_42. Declaration of Edward Youreing. May 24, 1675. _[1]

[Footnote 1: Suffolk Court Files, no. 1390, paper 2. The name is moreoften found with the spelling Uring. ]

To the Hono'rd Court of Assistants Now Sitting in Boston TheDeclaration of Edward Youring of Boston, Fisherman, Humbly Showeth:

Thatt whereas the said youring being in October last past, bothhimselfe and the Barke whereof the said youring was part owner, andbeing hyred upon A leading Voyage, so farr Easterly as A Place caulledZecganickto nere the botom of the Bay of Fundy (and noe further), byCapt. Peter Rodregross and Company; As by A Charter Partie, Refferancebeing had thereunto, more fully may Appear; and allso will thereinDeclare thatt I your Poore and Humble Declarant Edward Youring had notthe Least Intention of anything thereby but onely and honestly toImprove both myselfe and my Interest in the foresaid Barque, in anhonest Lawfull way; And it being well knowen and seen, both in Towneor else where wherever my caulling haith Led mee, thatt I have beenaccording to my Capassetye and Abillity an Industreous hard Laberar, whereby I mought gitt wherewith to mentayne my Famely, which in ameasure hayth been sumthing Comefortably untell now (through thegoodness of God), nor I have not at all been wanting to take the bestpaynes I could for an honest Livelyhood, both for my selfe and myFamilie, I not being so Ignorant but thatt by Instructyans and goodExamples being thereby rightlie informed, thatt hee is worse than anInfidle thatt shall not provide for his Familie, etc. ; I Doe Declarein the presence of God and Your Hon'rs this Day that, through God'sgoodness to me, I am Conscious unto my owne Innocency, and am trulyfree from thatt Reporte of my being guiltie of Pyracy or being Apyorett, nither ever had I the Least thought nor suspition thatt thosepersons which Carryed them selves so fairly to me whilst that I was inBoston with them, would have caryed it so much contrary to whatt theypromised to me before they went from hence; And thatt was thatt theywould not meddle, nor take either vessells or goods from any Englishman, as may Appeare by severel testimonys; whereupon I did proced uponthe said Voyage, upon Monthly Wages. And wee being come as farr Eastas Casco Bay, then the Privateers (though much against my minde andwill) they wentt on Shoare and brought on Board of us severall Sheepewhich belonged to the inhabitants of thatt place, where upon I did sofarr show my dislike to the Privateers for soe doeing that I touldthem thatt I protested against their Actions in that way; where uponthey did not only revile and use opprobius and reproachfull words tome for my declayring my minde to them, but they allso threated tostrycke me and being so threatened forced me to Silence, and they alsoforced me to goe further upon the said voyage; and when wee arrived sofarr East as Pemmaquid I tooke so much notice of the debaucherie ofthe Privateers thatt I thought in my selfe thatt the voyage was notlike only to be unproffitable but allso troublesome and uncomfortable, whereupon I desired to be cleared from them, but I being one thattwas bound by charter partie was forced to goe further East with them;and Comeing to a Place caulled Knoskeegg, [2] there wee mett with Capt. Roades and the Privateers tooke him aboard of our vessell, and aftersome stay there the wind being Contrary, notwithstanding they went toturne it out and as they ware turning out, I Edward Youring spoke toThomas Mitchell whoe was then at helme, desireing him to beare up thehelme and to goe no further with them, and I tould the sayd Mitchellmy reason was because I heard them say thay would take GeorgeManning[3] and the Vessell if they could meet with him, and one of thePrivateers, by name Randler Judgson, came to me as I was speaking toMitchell to beare up the helme, sweareing thus or this effect: "Goddamne me, Youring or Mitchell, speake another word of bearing up theHelme and Ile knock out your Braines with a hand speake", etc. ;furthermore I the sayd Youring haveing no way to Escape from them wasforced to Stay Longer with them, but at Length Comeing to a Harbourfurther East, wee spieing a vessell at an Anchor, Capt. Rodregrosecommanded Thomas Mitchell to Steer right with her, and Comeing up withher Rodregross bid them Amaine[4] for the Prince of Orainge; whareuponthey lowred out their Annchor and it proved to be George Manning; thenI the said Youring, haveing heard Rodregross and the Privateers saywhatt they Intended to doe if they meett with Manning, I intreatedthem not to take him but to lett him goe peaceably with whatt hee had, and onely give him warning for the future; but Rodregross instead ofComplying with my request blamed me much for speak[ing] againsttakeing of him, and forthwith went on board and tooke a way hispeltery; and the same Afternoone made prize, both of vessell andgoods, after wh. I Edward Youring Speakeing in the behalf of Manning, Capt. Rodregross tooke doune his pistol, wch generally he kept loadenby him, and presented it to me, and had not Capt. Roades whch satt byLayd his hand upon it, turnning of it away from me, I had then beenshott. And the next Night following Petter Grant one of the Privateersmade a writeing, and being very earnest with me to sett my hand to it, toulde me it would be no damage to me to sett my hand as a Witness; Ithe said Youring, being Ignorant of such things and not knowing whatwas in it, I did Sett my hand to it, but no otherwayes butt as Awittness (the which I did by reason of my being in feare of my life, if I should have denyed to have done it), and soon after thePryvat[eer] [_torn_] had been at Mayhchyous[5] and Laded the goodsthey tooke from George Manning, they went to St. Johns, wheare theyhad not been above three or fower howers, as I judge, before thattthere caime into the Harbor a vessell from the Sea and came to anAnchor about a mile distant from us. Then the said RodregrossCommanded twoe boates to be manned to cary him and his Company, andcoming nere to the vessell, he bid them A Mayne for the Prince oforainge, and Some in the vessell knowing him desired him to comeaboard, And when he came aboard Rodregross Commanded them to weighAnchor and to Come and Ride by him; and thatt Night Capt. Rodregrosskept possession of [_torn_] himself and the next day commanded hisboat from his own vessell, and Commanded George Walton, master of thesaid vessell, [6] to deliver their Beaver and Moose, wch after searchmade in the hold he tooke and Carryed it away, and I the said Youringshewing my dislike as much as I darst in my opposeing Rodregross, uponwhich and because I would not give my consent to goe over the Bay ofFundee, I being one thatt was ingaged by Charter partie to theContrarie, and soone affter one of the Privateers struke me manyblowes upon my backe and Sides with a long knife Like a Short Hangger, which brused me very mutch, and the same night being a very couldnight in the latter eand of Dicember Last, the sayd Privateer thatthett me turned me ashoare, wheare I was like to be Starved wth could. The next day following, I being very ill and very sore with theblowes I recd the evenning before, and after the morning was a littlepassed, with much intreetye I prevailed to git libertie to goe aboardto gitt some Releife. And after they had forced Thomas Mitchell andmyselfe to goe over the Bay of Fundee, as wee Returned backe wee putinto Maychyas, and Standing into the harbor wee saw a vessell underDuch collors standing out; which when wee came nere unto proved to beGeorge Mannings vessell; whoe as soone as hee came up with us, haveinggotten to Windward of our Vessell, poured a Volley of Shott in upon uswith Dutch coullors flying, and presently affter wee saw a vessellwith French Coullors, upon which wee concluded All to be French andthatt wee ware betrayed and should bee taken; thereupon Capt. Rodregross Commanded every man to his Arms and to fight for his life. But as soone as Capt. Mosely[7] Came up with us, hee haveing theEnglish Coullors out, Hee bid us A Maine for the King of England, andI myselfe Loured the Maine Sayle three or foure foot doune, at whichCapt. Rodregross was very angry with me and Commanded me to hoyse itagaine, which I Refused to doe; and there upon I went forward and Layebefore the windles tell the vessell was taken; And when the Capt. Yeelded, I Edward Youringe Lett fall the Anchor; I being very gladthat I was freed from the Bondage and Slavery I was in untell thevessell was taken by Capt. Moseley; I being all the voyage Comanded, as occasion presented, to goe a Shoare with John Farmer to cott woodand fetch watter to carry aboard; notwithstanding one halfe of thevessell was my owne; and also I stand Still ingaged for one halfe ofthe Cargoe thatt was Carryed out from Boston. 

[Footnote 2: Naskeag; see note 5 to document 41. ]

[Footnote 3: Captain of a small Boston vessel; his letter to the owneris in the Maine _Documentary History_, second ser. , VI. 42-43. ]

[Footnote 4: _I. E. _, lower your topsail, in token of surrender. ]

[Footnote 5: Machias. ]

[Footnote 6: The _Trial_, of Kittery, belonging to Maj. NicholasShapleigh; _Doc. Hist. _, VI. 46-47. ]

[Footnote 7: Sent by the Massachusetts government to suppress thesepirates. ]

Now all these premises being searyously pondred by this honord Courteof Assistants, with the prudent and upright management of the Gent'menof the Jury, Together with the testimonyes I have redy to give in, Ihope will thereby Evidently Appeare thatt I am not guiltie of Pyracyor any Acttyons tending thereto, as is Layed to me in my Charge, And Ibeing over powered by the Privateers thatt did tyranize over me, Iwas forced contrary to my minde and will to doe whatt I did during thetime I was with the Privateers upon A voyage to the Eastward; for thetrue determination of which and of my being Concerned therein I freelyand willingly Leave my Selfe to the wise, Judicious and Righteousproceedings of this Honoured Courte and Gentlemen of the Jury, hopeingthe Lord will Cleare up my Innocency as to the matter of Factt, Ibeing Conscious to my owne Innocency. So desiring the Lord to directyou In your Proceeding that Right may take place, not att alldoubtting butt thatt your Honors will soe dilligenttly search in tothe Cause thatt the Innosent may Bee Cleeared and the Guilty Suffer, according to merritt, so wishin you all happienes, And for theContinewance of which I shall ever Pray, etc. , Subscribe my Selfe yourFaithfull Subjectt and Searvantt In all Hummillitye

EDWARD YOUREING. [8]

Boston the 24th of May 1675. 

[Footnote 8: Of one of the Dutchmen concerned in this episode ofpiracy, Cornelius Andersen, Hutchinson relates, quoting a contemporaryletter, that, being under sentence of death for piracy, but pardonedon condition of enlisting in King Philip's War, "He pursued Phillip sohard that he got his cap and now wears it. The general, finding him abrave man, sent him with a command of twelve men to scout, with ordersto return in three hours on pain of death; he met 60 Indians haulingtheir canoes ashore: he killed 13 and took 8 alive, and pursued therest as far as he could go for swamps, and on his return burnt all thecanoes . . . And a short time after was sent out on a like design andbrought in 12 Indians alive and two scalps. " _History of MassachusettsBay_, I. 263. ]

BRANDENBURG PRIVATEERS. 

_43. Seignelay to Colbert. May 8 (N. S. ), 1679. _[1]

[Footnote 1: British Museum, Harleian MSS. , 1517, fol. 232. Probablyan intercepted letter. Colbert was the great prime minister of LouisXIV. ; Seignelay, Colbert's eldest son, was minister of marine. Thedocument has a curious interest as showing perhaps the first instancein which the (Brandenburg-) Prussian navy, or privateer marine, touches American history. The Great Elector, Frederick William, hadfor some time cherished ambitious designs, respecting the creation ofa navy and the establishment of colonies, but it was not till late in1680 that he possessed a war-ship of his own, in 1681 that he began alittle establishment on the West African coast, in 1682 that hefounded his African Company. In this year 1679 he had a few shipshired from a Dutchman, and it appears from this letter of the watchfulFrench minister that two others were being prepared for his service inZeeland. For five years he had been at war with France. Hisallies--England, the Dutch, the Emperor--had made peace at Nymwegen in1678. He was in danger of standing alone, and had made an armisticeMarch 31, prolonged May 3. ]

Copie of a Letter to M. Colbert from the Marquis de Segnelay about twoBrandenbourg Privateers armed for the American Islands. 8 May 1679N. S. , received 9 May V. S. [2]

[Footnote 2: Veteri stilo, old style, then followed in England andBrandenburg. "Received" doubtless means received in England. ]

Le Roy ayant esté informé à la fin du mois passé que deux particuliersavoient fait depuis peu un armement dans les Portes de Zelande, etqu'ils en essoient partis avec deux Vaisseaux armez en guerre pouraller dans les Isles d'Amerique faire la guerre a ses Sujets sous laCommission de Monsieur l'Electeur de Brandenbourg, Sa Majesté fitpartir pour les dites Isles M. Le Comte d'Estrées avec une escadre dequatorze vaisseaux pour les prendre ou couler à fonds. Et comme il estporté par le 9me Article du traitté de suspension d'armez que vousaves signé le 3e de ce mois avec l'Ambassadeur de ce Prince, que lecomerce sera libre tant par eau que par terre, Sa Majesté veut quevous proposiez au dit Seigneur l'Ambassadeur de donner ordre auxCapitaines des dites deux fregates de ne rien entreprendre auprejudice du dit Traitté contre les Vasseaux des Subjects de SaMajesté. Et en ce cas Elle fera scavoir audit Seigneur Comted'Estrées, que son intention est qu'il laisse la liberté aux ditesdeux fregates, de naviguer par tout ou bon leur semblera. J'attendrayce qu'il vous plaira de me faire scavoir sur ce sujet, pour en rendrecompte à Sa Majesté, etc. 

À ST. GERMAINE EN L'AYE le 8me May 1679. 

_Translation. _

The King having been informed at the end of the past month that twoindividuals had lately fitted out in the ports of Zeeland, and hadsailed thence with two vessels, armed for warfare, to go to theislands of America, and make war upon his subjects under commissionfrom my lord the Elector of Brandenburg, his Majesty is sending mylord the Count d'Estrées with a squadron of fourteen vessels to seizeor sink them. [3] And as it is provided by the ninth article of thetreaty of armistice which you signed on the 3d of this month with theambassador of that prince, that commerce shall be free by water aswell as by land, [4] his Majesty desires that you should propose to thesaid lord ambassador that he give orders to the captains of theaforesaid two frigates to undertake nothing to the prejudice of thesaid treaty, against the vessels of his Majesty's subjects. And inthat case he will communicate to the said lord Count d'Estrées hisintention that he shall leave the said two frigates free to sailwherever they think fit. [5] I shall await whatever information you maybe pleased to send me on this subject, in order to report it to hisMajesty, etc. 

ST. GERMAIN-EN-LAYE, May 8, 1679. 

[Footnote 3: Vice-admiral Count d'Estrées did not actually sail forthe West Indies till the next year, and then for another purpose. ]

[Footnote 4: The articles prolonging the armistice till May 18 hadbeen signed at Xanten on May 3 by Colbert and Marshal d'Estrades forLouis XIV. And by Werner von Blaspiel for the elector. For their text, see _Actes et Mémoires des Négotiations de Nimègue_, IV. 468-471. ]

[Footnote 5: Such orders were given, on both sides. _Ibid. _, IV. 484, 487. The treaty of peace was concluded June 19/29. For further historyof Brandenburg privateers in the New World, see documents 47 and 48. ]

BARTHOLOMEW SHARP AND OTHERS. 

_44. The Buccaneers at Portobello. 1680. _[1]

[Footnote 1: British Museum, Sloane MSS. , 2752, fol. 29. This and theensuing document, both by the same anonymous author, form onecontinued narrative, of dramatic and astonishing piratical adventure. For the second part, the adventures of these buccaneers in the PacificOcean, there are other, parallel narratives, some of them longer thanours; but with one exception they say almost nothing of this firstadventure, the capture and sack of Portobello. Two or three pages (pp. 63-65 of part III. ) are indeed devoted to it in the chapter on "Capt. Sharp's voyage", signed "W. D. " [_not_ William Dampier], which wasappended to the second edition of the English translation ofExquemelin's _Bucaniers of America_ (London, 1684), before BasilRingrose's detailed account of the South Sea adventures was printedand issued (1685) as the second volume of that celebrated book; butthe present account is fuller than "W. D. "'s, and may apparently beregarded as the chief source now in print for the history of thissecond English capture of Portobello. It should be remembered that, bythe signing of the various treaties of Nymwegen in 1678 and 1679, allhostilities between European powers had by autumn of the latter yearbeen brought to an end. The privateers who had flourished during thepreceding years of warfare now found their occupation gone--theirlawful occupation at least. Many of them turned to piracy. The writerof these two narratives speaks of his companions as privateers, but inreality they had no legal status whatever. When the governor of Panamaasked for their commission, Captain Sawkins replied that "we would . . . Bring our Commissions on the muzzles of our Guns, at which time heshould read them as plain as the flame of Gunpowder could make them. "Ringrose, p. 38. Legible, no doubt, but not legal. ]

Ann acoumpt of our Intended Voyage from Jamaco with a party of shipps, departing from the afore said Island to Poartavell: Receving Letpassesto goe into the bay of Hundorus, to cutt Logwood, from his Maj'tiesReall Subject the Earle of Carlisle. [2]

[Footnote 2: Charles Howard, earl of Carlisle, was governor of Jamaicafrom 1678 to 1681. The names preceding are intended for Jamaica, Portobello, and Honduras. Portobello had been a rich town, lying atthe northern end of the usual route across the isthmus from Panama. The annual "plate fleet" was loaded here with the silver of Peru andother produce of the Pacific coast. Henry Morgan and his buccaneershad captured and sacked Portobello in 1668, Panama in 1671. ]

_The Names of the Captaines_

 Capt. John Coxon, the Chief Commander, in a Barque Capt. Corneles Essex in a Barque Capt. Bartholomew Sharpe[3] in a Barque Capt. Robert Allison in a Sloope Capt. Thomas Magott in a Sloope

[Footnote 3: Capt. Bartholomew Sharp, who figures largely in thisnarrative and the next, as chief commander of the buccaneers duringmost of the periods of their adventures, was also the author (orsource) of two histories of their expedition. The first, _The Voyagesand Adventures of Capt. Barth. Sharp and others in the South Sea_(London, 1684), is mainly a reproduction of the captain's journal orlog; the second, "Captain Sharp's Journal of his Expedition, writtenby Himself, " published as part II. Of Capt. William Hacke's _ACollection of Original Voyages_ (London, 1699), is more literary inform. Neither describes the period covered by the present document;both begin, like document 45, with Apr. 5, 1680. ]

In december about the Latter part in the yeare 1679 we meetts all upat port amorrant, [4] where the party Concluded to make Capt. JohnCoxon their Chiefe and to wood and watter at Porttamorrant, and aftermake all expedition to take Portavella. 

[Footnote 4: Port Morant, near the southeastern point of Jamaica. ]

January the 7th, Ditto. Thes Commanders above expresed Sett Sayle witha fresh gail of wind, at S. E. And E. S. E. [_cut off_] we stands overClose hailed with our Larbourd tackes abord[5] steming S. S. W. AndS. B. W. , keeping the Reefes of our Topesayles in, for the most part ofour Vessells proved Leacke, that Capt. Cornelies Essex was vayne[6] towould his shipp Together with Two Hassers[7] to keep her together. Capt. Bartholomew Sharpe Lost his Bolsprit, that he was forced toBeare away large. [8] they gott into Ankour at the Island of Pine lyingin the Samblowes in North Lattitud 9° 40´. [9] As we weare Coming outof portamorrant, about 6 Leagues from the Port, we meetts with afrench Brickanteen, on[e] John Row Commander. He understanding ourDesigne, was willing to Concert with us. The weather growing very badand lickly to Continue soe sum time, that as much as Ever sum shippswas abell to goe through the Sea, Capt. Essex by name his vessellbeing ould gave way in her boue that if shee had not been wolded, [10]Could never a he[ld] together. Capt. Coxon Calls and orders that hewould make the Best of his way to the Isle of Forta, and gave orderthat those that gott thear first, to Leave a Noat one the Sandy point, to Sattisfie the Rest which are to com after, and them that first gottto forta, to goe over to the frinds Islands, Islands which lyeth about12 Leagues to the westwards of Cathergeane, [11] about 8 leagues fromForta. Our Admirall, the french Brickenteen, and the two slopes[12]getts to forta first, which finding Neither Capt. Essex nor Capt. Sharpe thear, Feared they had binn Suncke in the Sea. Capt. Coxon wentover to the frinds Islands with one Slopes Crew and the BrickenteensCrew, Leaveing a Sayling Crew abord: goe to ly amongst thes frindsIslands to take pery agoes[13] and Canoes to Land our people atPortavella. 2 dayes after a Rives Capt. Cornelyes Essex at forta, Butnoe news of Capt. Bartholomew Sharpe. We did Certainly expect he hadbinn Lost. They stayd at thes frinds Islands 3 dayes. They Brings withthem 4 pery agoes, and Six very good Large Cannoes. We fills watter atForta and Concludes to see if through the marcyes of god Capt. Sharpemight be gotten into pines. [14] Capt. Coxon being the best sayler, Lost Company with us, he stering away S. W. B. W. And we w. S. W. , that heweathered the golden Islands[15] and gott to An Ankour at the Isle ofpines, which Lyeth in 9° 40´[16] North Lattitud, and beareth from theGolden Islands n. W. B. W. About 6 Leagues. Only Capt. Coxon Weatheredthe Golden Islands and gott into pines, he being the best windwardboat, it blowing very hard, the two slopes, the french Brickenteennand Captain Cornelies Essex bore up and cam to Ankour at the GoldenIslands. Capt. Coxon in his way to Pines Sees a sayle in the offinge, makes sayle towards her, Comes up with her, and finds her to be aBarque cam out of Jamaco one the Same accoumpt as we did, and Cameover to the Samblowes to meett with the Fleett. We weare all Glad ofhis Company, for we wanted men. Coming into Pines, they found Capt. Sharpe had binn ther, and Suppose had fitted what damage he Receved atSea, and Imagined he was gone to looke for the fleete. The weatherbeing so bad att Present, could goe no farther with our Shipps. Coxonsends capt. Cooke with his barque from Pines to the Golden Island, togive us notice that he would be gone alone with his owne company andthe Sloopes, in case that wee did not make hast to Pines, but the windblowing hard att W. N. W. Could not gett out. Capt. Coxon the next daycomes downe himself in his cannoe, to knowe the reasone of our stay, and findeing the winde contrary, that wee could not gett out, Advisedthe commanders to make what dispatch they could in their cannoes andPeeriaugers, to Pines, and from thence to Puerta-Vella, being afraidesome of their traideing boates should Discry them. Capt Cooke in hisway to us meetes with a Spannish galliote[17] from Carthageane, boundto Puerta Vella with Negroes, butt ther being a desention amounge thecompany, some desireous to borde him, others nott, so that in finethey losst him. The currant under shoare setting stronge to theEastward and haveing hard westerly winds, capt. Cooke could nott gettthe Golden Islands, but was drove downe into the bay of Dueryan;[18]in the meane time our Party Imbarkques in perriaugers and Cannoes, being mighty desierouse to be their before should be descried. Andlyeing here, wee gott greate acquaintance with the Natives of thisCountry, which the Spaniards had driven over to this side of the Landfrom the South side; wee found the Indians to have a greate Antipothyagainst the Spaniards, but could not know to have their revenge. Theyunderstanding our designes, they corted us to land and thay would shewus wheir was Spanish townes Plenty of Silver and golde; of which morehere-after. The cannoes being gonn to Puerta Vella with about twohundred and fifty men, left the shipping with a sailing crew a bordeto follow after, wheir orders was given by capt. Coxon, chiefecommander, to make what hast he could to lower Rainge of Keys in theSamboles, to a Key call'd Springers carreening Key, [19] and to goe nofarther till farther Orders. The parting cannoes, goeing downe theSamboles, sees a greate shipp rideing att an Anchor att the 2d Raingeof Keyes, which coming neare they found her to be a French privateere, One capt. Lessone, who carreen'd in the Samboles. The said capt. Understanding the designe wee weare about, Joyn'd his company withours, who weare about Eighty men out of him, so wee went with all ourparties on with corrage, and landed them about twenty leagues short ofPuerta Vella in an olde ruinated Port called Puerta Pee; the way wasvery rocky and bad to march, they goeing near the sea side to Eschapethe look-out which thay saw plainely on a high Hill, butt as god wouldhave itt, the look-out did nott see them. This being Wensday theybegin to drawe neare Puerta Vella. The Satterday following, about tenaclocke, came into an Indian Village. Our peopple many of them wereweake, being three day with-out any foode, and their feete cutt withthe rocks for want of Shoose, soe an Indian man, crying out, "ladroones", [20] runs and make what speede he could to Puerta Vella. So Coxon our Generall cryed out, "good boyes, You that are able torunn gett into towne before wee are descryed". Wee had then about 3miles to Puerta Vella. The Indian being too nimble for us, wee beingtired afore, He gott into Puerta Vella about half a hower before us, and cried out, "Ladroones!" Imediately wee heard the Alarm gunn fier. Wee then certainly knew that wee weare discried. Wee made what hastwee could into the towne, the forloorne[21] being led by capt. RobertAlliston, the rest of our party following upp so fast as they could. Before ---- of the clocke in the Afternoon wee had taken the towne, the peopple of the Place takeing to their stronge castle call'd theGlory, to secure themselves. The next day the Spaniards, being abouttwo hundred, made an Attempt to come out of the Glory. Wee face't themand made them to retreate back to their Castle to some of theirsorrowes, which fell to the ground. Wee kept the towne 2 dayes, plunder[ed] what wee could of itt, and putt the best of our Plunderinto cannoes which wee tooke their. Some men marcht back by lands, guarding the Prisonnars alonge with them, Hopeing wee should have hadransome for them: wee carried our Plunder, Plate and prissonars downeto a Key about 3 leauges and a half from Puerta Vella, The next Key'sto the Bastamentes, [22] and on Tuesday comes away Capt. RobertAlleston to Springers carreeneing Key, to give notice to the Shippswhich was all their att anchor that wee should make what dispach weecould to the Bastamentes, wheir our party lay. Capt. Allistoninfo[r]m'd us that thay had taken Puerta Vella and plundred the mostpart of the Towne, without the loss of many men, onely five or six menwounded, and that a cannoe of the best plunder, as cloth of silver, cloth of tishee, [23] being soe covittious to lode deepe, sanck in theriver comeing downe; the small fortes fiering, they wounded 2 or 3 menin the cannoes. Our plunder being carried downe to the Bastamentes, and our peopple which marched by land being come, carries plunder andPrissnars uppon a Key lying aboutt half a mile from the maine land. Their came downe about 3 dayes after from Puerta Vella as neare as weecould Judge seven Hundred soldiers, that came from Pennamau[24] andarrived att Puerta Vella the tuesday as wee came away the Mundaybefore. The Spaniards came downe on brest the Key wee weire uppon, andfired severall small armes, shooteing cleare over this Key, soe weetooke our prissnars with plunder and what wee had gotten att PuertaVella, and carried to another Key hard by, out of their Reaches, soeour shipps come downe wheir the partie lay in dispute what to doe, haveing some thoughts the Spaniard would send to relieve thePrissnars. Keepeing strickt watch, wee saw the next day a Barkquelongo[25] standing in to Puerta Vella, which capt. Bartholl'w Sharpewent out and tooke. Her lodeing was salt and corne came fromCarthagene. Keepeing very good watch att top mast head, 3 day's afterwee saw comeing in a good bigg shipp, came from Carthagene. Our Shippsand Sloopes weighs and went out and mett her, as she was standing into Puerta Vella. Capt. Allisson comeing up with her first in hisSloope Ingages her, and Coxon seconding him clapps her aborde andtakes her without the loss of any men. Some Spaniards fell for thayfought about one hower. She had Eight gunn's, a new shipp of aboutninety tunn's, the chiefest of her ladeing being timber, salt andcorne, and about 30 Negroe's and about fower chest of silke, Besidespacketts of greate Conscernment from the King of Spaine, as wasReported by them which by relacion of our armie, thatt our Generall, capt. Coxon, had presented him in a Jarr of wine five Hundred peicesof gould which he wronged the party of by Keepeing of itt to himself, he being sworne as well as any other man not to wronge any one. Afterthis wee sheard[26] our Puerta Vella voyage, which was in money andplate and plunder wee had to the Vallew of hundred peeces of Eight aman. Then wee concluded to goe downe to Boca-Toro, [27] to make cleaneour shipps, that being the best place to carreene our shipps, byreason their is good store of turtle and Manatee and fish, our shippsbeing made cleane and ready for to sayle about six weekes time, buttwee fell in with Boca Draga and went thro' Boca Draga into Boca Toro, wheir seing a saile a cannoe went to her, and found itt to be a Barquelongo, The commander one Richard Sawlkings, who tolde us of Capt. Peter Harriss's being att Diego's point[28] a carreeneing. Weedispacht as soone as possible. Capt. Coxon fitted out his new shipp, leaveing his olde one their, Capt. Essex leaveing his Barkque theirshe being so rotten. Wee acquainting capt. Peter Harriss and captRich. Sawlking of the greate commerce wee had with the Indians in theSamboles, was very willing to goe upp with their shipps, so allconcluded to goe upp to capt Lessones Carreeneing Key. Boca Toro liethabout 50 leagues to leeward[29] of Porta Vella and Boca Drago 3leauges to leeward of Boca Toro. All the shipps meeteing att Lessoonescarreeneing Key aforesaid, wheir was orders for our randevous, capt. Coxon concludes to goe upp to the goulden Islands and to travill overland to Pannamau, otherwise to a place which the Indians tolde us of, cal'd Toca Mora. All our English concluded to goe, but capt Lessooneand capt Jno. Rowe their Peopple refus'd, being man'd all with French. The Indians being very familliar came uppon a Key to our shipps, men, Women and children, Informing us that whilst wee weare att PuertaVella the Spaniards had beene downe with about Eighty soldiers and hadfell uppon the Indians for their haveing familiarity with us. TheSpaniards did Kill of the Indians by their relation about 20, the restof the Indians takeing the mountans for their security tell wee came. These Indians altho' Heathens yett have those amounge them that thaycall Doctors, that can raise the Divill att their Pleasure. They knewof our comeing and att what time wee should be their, and when thaysaw us, it was greate sattisfaction to them, wee putting out a signe, which was a white Jack and no Ensigne, then thay come on borde. Thayoffers themselves to goe with us to take revenge of the Spaniards, which they call by the name of walkers. Wee makeing in all, in mony, Plate and Plunder, about a hundred peices of Eight a man att PuertaVella, peopple was Eagar for more Voyage, and was now fully resolvedto goe to the Goulden Island and hall our shipps into a small Cove orcreeke out of sight of any Spaniard, if any should come that way, haling our small Barkques and small vessells as close as wee thoughtconvenient under the shelter of the greate shipps, and order so manymen to stay on borde of Each Vessell according to their bigness tolooke after them, and likewise order was given that if any should comein their to oppose them, the peopple weare all of them to goe on bordeof capt. Coxon and capt. Peter Harriss's Shipp to defend themselvesand Shipps to the uttmost of their Power. And on sunday, being the 4day of Aprill, [30] wee Provides our provission to land next morningitt being munday. The french shipps we left in the Samboles. Next dayabout 6 aclock in the morning lands 332 men, being Piloted by theIndians, who seemed to be very forward in their Assistance, as hereafter will prove. 

Thus much for Puerta Vella Voyage. 

[Footnote 5: The wind being on the larboard quarter. ]

[Footnote 6: Fain. ]

[Footnote 7: Hawsers. ]

[Footnote 8: _I. E. _, was compelled to sail before the wind. ]

[Footnote 9: Isla de Pinos, on the north coast of the republic ofPanama, some 130 miles east of Portobello. "Samblowes" is a corruptionof San Blas (Islands), in the gulf of San Blas. ]

[Footnote 10: Woolded, wound around with cables, "undergirded" likeSt. Paul's ship, Acts xxvii. 27. [Transcriber's Note: Correct verse is17. ]]

[Footnote 11: Cartagena. Forta is the present Isla Fuerte, southwestward from Cartagena along the coast of Colombia. The "FriendsIslands" are the islands of San Bernardo, lying between the two. ]

[Footnote 12: Sloops. ]

[Footnote 13: Periaguas or pirogues, like large canoes but with asquare stern. ]

[Footnote 14: Isla de Pinos, just west of the gulf of Darien; see note9, above. ]

[Footnote 15: Isla de Oro and its companions, a few miles south ofIsla de Pinos. ]

[Footnote 16: 9° 4´, more nearly. ]

[Footnote 17: A small galley, with both sails and oars. ]

[Footnote 18: Darien. ]

[Footnote 19: One of the San Blas Islands, perhaps Cayo Holandés. Thebuccaneers were proceeding westward. ]

[Footnote 20: Sp. _ladrones_, robbers. ]

[Footnote 21: For "forlorn hope, " which is from the Dutch _verlorenhoop_, lost troop. ]

[Footnote 22: Puerto de Bastimentos is a harbor about twelve milesnortheast of Portobello. Columbus in his fourth voyage (1502) gave theplace its name, "Port of Provisions. "]

[Footnote 23: Tissue. ]

[Footnote 24: Panama. ]

[Footnote 25: _Barca longa_, a large Spanish fishing-boat, withlug-sails. ]

[Footnote 26: Shared. ]

[Footnote 27: The Boca del Toro and Boca del Drago ("bull's mouth" and"dragon's mouth") are entrances on either side of the Isla de Colón, at the western extremity of the republic of Panama. ]

[Footnote 28: On Isla Solarte, near the Boca del Toro. ]

[Footnote 29: Westward, here. ]

[Footnote 30: 1680. ]

_45. The Buccaneers on the Isthmus and in the South Sea. 1680-1682. _[1]

[Footnote 1: British Museum, Sloane MSS. , 2752, fol. 36. The chiefnarrative of these piratical adventures, and a remarkably interestingone, is that of Basil Ringrose, which constitutes the second volume ofExquemelin; see note 1 to document 44. There are also the narrativesigned "W. D. " and those attributed to Capt. Bartholomew Sharp (notes 1and 3, _ibid. _), and very brief accounts in William Dampier's _NewVoyage around the World_ (London, 1697) and in Lionel Wafer's _A NewVoyage and Description of the Isthmus of America_ (London, 1699). Thepresent narration is by still another participant, illiterate but notincapable of telling an interesting story, with many additionaldetails. ]

The Journall of our Intended Voyage by the assistance of God over landinto the South seas leaveing our ships att the goulden Islands, andlanding on Munday Apr'll the fift, Annoque 1682. 

 Capt. Jno. Coxon, commander in chief. Eight gunns. Capt. Peter Harriss. 26 gunns. Capt. Richard Sawlkins, in a Barkque. Capt. Edmond Cooke, a Barkque. Capt. Bathol'w Sharpe, a Barkque. Capt. Robert Allisson, a Sloope. Capt. Thomas Maggott, a Sloope. 

All these above mencion'd captaines landed att the Golden Islands, which lieth about 15 leagues to the westerd of the westmost Point ofDurian[2] bay. This golden Island lyeth in North lattitude nearest in9° 12´. Capt. Allisson and capt. Maggott being sickly weare unable tomarch, butt all the aforsd captaines landed with their men, leaveingonely a sayleing crew on bord Each vessell; their Orders being that ifany should come to oppose them, all hands to repair on Borde Harrissand Coxon, thay being shipps of force. Being on Shoare wee had aboutHalfe an Howers discource with the Indians. Thay amounge Each otherchose out two men to goe before the forloorne, to shew us the way. First of all wee marched through a small skert of a wood, downe tosandy bay by the sea side, about 2 miles; the marching over the sandybay was tiersom, haveing our gunns Amunition and knapsacks ofprovant[3] to carry with us, but after wee past this sandy Bay weeEnters into a wood againe, which lead us into a valley which in timeof raines is full of water. By three of the clocke this day wee Hadmartched from the shipps 3 leauges, and takes upp our seate, wheir weeintended that night to sleepe. Their came downe to us one capt. Andreas, [4] an Indian, with some others with him. He spake a littleSpannish, and gave us the bien venitdo. [5] thay brought Plantins downewith them, which they distributed to the company, thinking theirby Haddone us a greate Kindness; their garments are made of cotton, theyweare longe Black Hair, the men weare a peice of thinn gould in theirNoses, which is made like a Half moone (like unto the Marg't)[6]kivering their lipps. Some few of them hath itt made of silver. Theirwomen goes bear headed, with longe black Hair hanging downe, wearing akinde of white cotton Blanckett over their Sholders, which comes downeabout their bodyes. Thay weare in the grissell of their nose a roundring, some of Silver, some of golde. Capt. Andreas tolde us he wouldhave borne us company to have martched next day, butt that he had achilde sicke and fear'd would soone die; and when dead, would followus with a comepany of Indians with him; and soe tooke his leave of us. The next day being tuesday, in the morning about 4 of the clock wordwas gave to Martch, and that no man, on the loss of life, should fiera gunn in the woodes, least some Indian Rogues or other should betrayus, by runing afore to acquaint the Spaniards. Yesterday two mentier'd, so went back againe. This tuesday wee Martched upp a very highHill. Twas neare 10 of the clock before wee gott the topp of itt. Oneman more tier'd, that return'd back againe. On this Hill wee couldfinde no water, so that the company weare almost famisht for the wanttheirof. The Indian pilotts gave us to understand that a littlefarther was water, which about 2 of the clock wee came up with; wheirewee all dranck and Refreshed our selves bravely. About 2 howers martchfarther wee gott downe to the foote of this Hill. On the South side isa brave River whear wee tooke up our quarters that night, it being thesecond night of rest since wee left our Shipps. This day wee martchedneare 14 miles E. S. E. Nearest. The next day, being wensday the 7. Ditto, as soone as the Day brake wee weare uppon our Martch. About 10. Of the clocke wee rested and refresht our selves with bread an water, and Pipes and tobacco; and about 3 of the clock wee tooke upp ourquarters againe, by a river side. In the woodes wee saw some IndianHutte, butt no strainge Indians, for wee went a course more to thesouthward to fetch a Circute cleare of the Duryan Indians, who have acontinuall Peace with the Spaniard. 

[Footnote 2: Darien. ]

[Footnote 3: Provisions. ]

[Footnote 4: He survived till 1698, to receive the Scottish settlersof the Darien colony, who also, by the way, had the aid of CaptainAllison, sickly though he is declared, above, to have been in 1680. ]

[Footnote 5: _Buen venido_, welcome. ]

[Footnote 6: Margent, margin--a marginal drawing here. ]

Thirsday the 8 wee wear desired by Our Indian Pilotes to be martchingby breake of day, that so wee might comepass 6 leauges, which wee did. About 2 aclock wee came up with some hutts, wheir their Kinge lived, who received us with greate kindness, being Joyfull of our company, ashe Exprest it by presenting us with Plantans, Cassado, [7] IndianCorne, Drinck, and Rootes; haveing beene with us some time, return'dto his house againe. His garment was of white cotton made like to afriars cote. In the Evening the King came to us againe with his 2sones, being in one garbe, save that the Kinge had in his Hand a longewhite rodd of about 7 foote longe, and a Hoope of Golde about his Headfor his crowne. This Hoope was about 2 Inches and a half broade. TheKinge had 3 daughters of womens Estate, very comely Indians, who wentin fine cotton Roped about their bodies. Both men and women tooke muchdelight to heare our Drum beate and colers fly but to fier a gunn orto heare the noyse thay weare afraide. The Kings Daughters fantsiedmuch to be in our Company, in so much that some of our Peopple bysignes would ask them if they should live with them and thay be theirwives. Thay often would make Arrants to their fathers house to fetchus Plantans. The Kinge tolde capt. Coxon that the next day wee mustnott march butt that he must send one of his sones to gett cannoes, tocarry us all by water downe the river, and that in two dayes marchmore (itt being Sunday) wee should come wheir these Cannoes wheir. Weeoften mett with Indian Hutts in the Martch, in which the Peopplestoode ready to throw us Plantans and give us corne drincke. [8] weefound that they weare makeing cannoes for us as fast as they could. Thiss day wee martcht about 5 leagues and came up with 3 or 4 Housesclose by a River-side wheir wee lodged. Hear thay provided about 14cannoes which those that weare most tired with martching went into, about 90 men in the cannoes, 2 or 3 Indians to worke them downe theRiver, thay haveing Experience to worke cannoes in a river wheir thecurrant runns like an Arrow out of a bow. [9] the cheifest of ourcompany this Sunday marched againe. The cannoes went downe the River. Wee martched till night, where wee had all the rest of the cannoesmade ready, about 60; in some cannoes their wear 6, some 4 and 3Indians according to the biggness. The Indians tolde us that with-in 2dayes after, which was tuesday, wee should see the other cannoes whichwent away out of the other river;[10] wee weare putt all to a standatt thiss and thoughts rise amounge us that these Indians onelyseperated us to bring us all to destruction, so thatt wee had muchgrumbings amounge us, that thay made Signes wee should nott betroubled att any thing. The next day, wee haveing cannoes andBarkloggs enow, wee Imbarkques, haveing 2 Indians in Each cannoe, tosteare them downe, because the freshes runn soe swift as possible canbe Imagind, that the least touch of a cannoe against a stump or Rockover setts them if nott staves them all to peices. Munday night past, wee heare no newes of our other party that went away out of the otherriver, butt the Indians tolde us by signes that, by such time the sunnwas att such a High as thay pointed, wee should see the other party. Tuesday Every one takes to his cannoe againe and went downe the river, and about 10 of the clock we saw an Indian cannoe a setting to usagainst the streame, alonght the river side, who tolde us that ourcannoes which came downe the other River was gott to the place wheireboth rivers mett, wheir the Indians intended to meete us. About 2 ofthe clock in the After noone we wear gott downe, and wear very glad toInjoy the comepany of our owne Peopple againe. In comeing downe theRiver some cannoes wear over sett; some lost their Armes, butt theIndians would dive and gett them up againe. One man being left behindein the woodes astray, Expecting to Kill something to eate, the Indiansweare soe Kind as to bring him downe to us. Thiss afternoone wee fixesour Armes and cattoch[11] Boxes, Dryes our Poweder. Now 20 leaguesfarther wee come to a Place called Santa Maria, [12] to which place weerowe and paddle very hard alday. This place made all with Stockados, no greate gunns, but onely a place to keepe the Indians out of theriver, itt being a river wheir thay take much golde. About one aclockatt night wee wear gotten close under the Stockadose, soe that weecould heare the Centry talke. Wee landed about half a mile from theplace in the woods and lay their till day. Next morning wee heard adrum beate. Thay fier'd a small arme to discharge their watch, whichhearing no more gunns fired wee knew that wee wear not descryed. CaptRich'd Sawlkings runns up to the Pallassados and all the partyfollowing him as fast as thay could, and fiering att the Pallassados, and thay att us; fiering with their harkquebusses, throweing lances, and shooteing Arrowes. Thay had within their Pallassados about 200men. Wee killed about 70 men. After wee had had about half an howersdispute with them, Capt. Rich Sawlkings runns to the pallassado's with2 or 3 men more, and halls up 2 or 3 pallassados by maine strength, and enters in. Thay Imediately calls for Quarter, which was presentlygranted by us. This was one Thirday the 15 day of Aprill. The Governorwith 2 Negroes and 2 women made his Eschape by runing about a miledowne the river, wheir he takes a cannoe and makes for Pennamau downethe river so fast as he could, butt understanding he had made hisEschape fitted in the Afternoone a cannoe with six oares. Capt. Sawlkings goes in her to see if he could finde this governor buttcould nott. Wee lay att these Stockadose 2 dayes. Itt is a very smallplace onely to shelter those that goes to wash golde in another Armeof the River, which comes out of a river[13] into this Santa Mariariver. The Injury wee received in takeing the Pallassadoes was thatcapt. Sawlkings was shott in the Head with an arrow, and one man moreshott in the hand, butt both soone cured. Wee by Examining OurPrissonars understoode, that 4 dayes before wee came there went awayfor Pannamau 2 Small Barques which caried away 4 chests of dust golde. Thay had no newes of us before thay saw us. Heare we found butt littleRiches. Some church plate, as is reported, was found, some dust goldein callabasses, [14] some wines and brandy, Jerck porke, good store ofbread. The next day wee drawes out to see who would goe for the SouthSeas, that is to say to take Pennamau; att last wee findes all ourparty, butt ii which wear unwilling. Our Generall, capt. Coxon, seemedunwilling, butt with much perswaission went; those ii men that wouldreturne, wee putts into their hands to carry that plate wee tookeheare. Thay had Indians to conduct them back. Now wee putts ourselves all in Readiness for Pennamau, which lieth about 30 leaguesfrom thiss Santa Marea river to the Northwards. Wee wear 2 dayes aroweing out of this snta Marea River, before wee gott into the SouthSeas. In this place there runns very Stronge tydes of Ebb and floode. The tydes keepe their common course as thay doe in the North Sea. Ittflowes by the moone S. S. E. Soe wee getting out of the river and thetyde of floode comeing on, wee rowed hard to gett over to a key whichwee saw, [15] and Stopt their till the floode had done. On which keywee found the 2 Negro women which had made their Eschape alonge withthe Governor of the Stockadose. Thay tolde us that the gover'r wentfrom thence that morning intending to row alonge shore with the 2Negro men to Pennamau, he perswaiding him-self that wee would be forPennamau. Wee sent one of our best cannoes to rowe after him, butt tono purpose. Butt when wee left the Stockadose, the prissnars beggs ofus to carry them away with us, crying that the Indians would distroythem all, soe when wee departed that Place wee carried with us whatwee possibly could. No soonar wee came a shore butt wee hears amiserable crye. The Indians killed all the poore soules that weareleft. Now wee being in the South Sea's goes alonge shoare to a PlantanKey, [16] which lieth about 14 leagues from Pennamau. Wee tooke 2Negroes which was sent thether to cutt woode for building as well asto breede provissions. Barkques come from Pennamau to fetch itt. Thisnight as wee lay here wee saw a Barque on the back side of this key. Wee man'd 2 cannoes and went out and tooke her. She fier'd 2 or 3small Arme's att us butt did not any harme. Next morning we went allout from the key in our cannoes. Our Gen'll capt. Coxon bad allpeopple that wear in small cannoes, to goe on borde the barkque andputt their cannoes adrift. Capt. Batt Sharpe went into the Barkquecommander, and about 135 men, which had beene in very small cannoesand fearfull thay might Sinck under them. Wee understood by thisbarkque that wee wear nott as yett descried att Pennamau. This daywee makes sayle, Keepeing the Perriaugers and cannoes company. Thatnext night wee saw another Small Barkque which capt. Peter Harris cameupp with in his cannoe and tooke. She had on borde her about 20 Armedmen. Thay fought about a quarter of an hower, wounded one of our men. Capt. Sharpe looseing comepany in his barkque that night went away tothe Pearle Keys. [17] Heard of a new Barkque Just launched, wee foundto be trew; soe wee tooke the new one and sank the olde one wee firstgott. Wee gott their some plunder out of a House. This Night wee makeswhat sayle wee could to gett our party which went for Pennamau. Capt. Sharpe haveing the 3d. Part of the comepany one borde him disabled theParty, so as thay dirst not venture on Pennamau. Butt seeing 6 or 7sayle of Shipps lying of att the Keys of Perico, [18] which lyeth in 9degr. North lattitude and about 2 miles from Pennamau, wheir All theshipps that come to Pennamau rides, Thay putts for the Shipps, buttthe Gover'r that had made his Eschape att the Stockadose did nottdiscry us, butt tolde them Sta. Maria was taken, by what nation hecould nott well tell butt thought itt weare English. A Barkque weegave chase to butt could nott fetch her upp. She seeing all ourcannoes getts into Pennamau and makes alarme. Their was by Relacionputt on board the shipp and Barkques which came out to fight us 300Soldados[19] and Armed men. Wee had about 3 howers dispute and tookethem all. Wee killed and wounded many men. And Brave vallient capt. Peter Harriss was shott in his cannoe through both his leggs, bordeingof a greate shipp. Their was nott any gott cleare only on [one] smallBarkque that rann into Pennamau againe. Itt being all done and Quiatt, the Spanish Gen'll[20] being kill'd wee tooke his Chief captaine, onecapt. Berralto, [21] who being an Antient Seaman in those seas wecaused him to be our Pylott, he being the commdr. Of that shipp thatcarried away the Riches from Pennamau to Limma about 12 years since, that same time when Sr. Henry Morgan tooke Pennamau. This capt. Berralto was much burnt, and his peopple most of them kill'd andblowne upp, for as thay fought us thay had scatter'd loose powder ontheir decks, which tooke a fier by some accident or other, that weeseeing itt borded them and tooke them. These 7 sayle of shipps wetooke att Pennamau was not above half unloded. Their lading wasflower, linnen and woolen cloath, one greate shipp half laden withIron. Wee desierd of capt. Berralto which wear the best saylors. Hetold us on his word the _Trinnity_ was the best in the South Seas, soewee pitched on her for Admirall, [22] putting capt. Harriss abord thatwas wounded. The Doctors cutting of one legg itt fester'd so that ittpleased god he died, so wee lost that Valliant brave Soldiar. Then weeputt in capt. Rich'd Sawlkings into the Shipp _Trinity_ and made himOur Admirall. Our former Adm'll[23] nott behaveing himself Nobly intime of Ingagement, was something houted att by the Party, that heImediately went away to goe over land. Wee gave him a small barkque, with which he return'd to the river of Sta. Maria with about 70 menalonge with him, capt. Richd. Sawlkings being now the chief commanderin the Shipp _Trinity_, capt. Cooke commander of a Barkque aboutEighty tunns, capt. Batt. Sharpe in a small Barkque that came from thePearle Keys, and another small barke wee kept to weight uppon us. Thayfierd their gunns off from Pennamau to us butt did us no damage. Weesolde wine to Spaniards that came off shoare to buy itt by stillt, andthay brought us off hatts and showes to sell; butt about the sixt ofMarch, [24] and the very next day that capt. Coxon our Adm'll wentaway, wee saw a shipp. Wee gave her chase and tooke her, with capt. Batt. Sharps Barkque. She came from the citty Limmo, [25] most of herladeing was flower. Fifty thousand Peices of Eight in her and somesilkes. Capt. Sharpe shifted out of his Barkque into thiss LimmoShipp; wee tooke what was needfull out of her, for dyett, wines, brandie, and what elce wee found good, and burnt and sunck all therest. Kept onely those shipps aforemenciond for our owne use. Weeresolveing now to cruise these Seas, for wealth, wee stands from thisPlace or the Keys of Perico (so called) 3 leagues to another Key, verywell Inhabited, to fill our water for the Sea, butt findeing we had nomeat to eate (altho' Enough flower, Brandye and wine) wee concluded togett som. To that end some Prissnars telling us of a Place called theYjakeell, [26] a very rich towne, and that their wee might a voyage attonce, Our Adm'll capt. Sawlkings was willing to goe to this placebefore they should have any Knowlidge of our comeing, butt ourpeopple, being head stronge, would have meate to eate first. ThisPennama lieth in 9° No. Lattitude in a bottom of a bay. Wee sett sailewith our greate shipp _Trinity_, and capt. Sharpe in the Lymmo shipp, and capt. Edmond Cooke in another Barkque, and 2 small Barkques, 7 mena Peece, very Head stronge fellowes, which sepperated themselves fromus. Wee saild S. W. And B. W. [27] and W. S. W. About 60 leagues and cameup with these keys of Quibo Nueve, [28] or the keys of the new towne, wheir all shipps that goes from Pennamau to Lymmo touches to water andall shipps that come from windward makes these keyes if thay are boundinto Pennamau. Here is good Pearle oystars And fishing and Deare onthe Keys. The 28 day of Apr'll capt. Sawlkings comes on borde capt. Edmond Cooke with about 60 men, goes to saile, and carries him intothis river called Pueblo Nuevo. [29] wee went into a river by theAssistance of a Pilott. Capt. Sawlkings went ashore with about 45 men. The barkque went in as far as she could and came to an Anchor. Theywent up the River and landed Just against some Stockadoes which thayhad built by the river side for the security of their men. OurValliant Gen'll capt. Salkins landed him-self first and went into theSavana and saw aboundance of Peopple their. One Molatta mett him, whome capt Sawlkins Shott downe. Returnes back a little way, askt ifthe Party wear all landed and ready. Answer was made, "Yes. " then saidhe, "follow me and doe not lye behind, for if I doe amise You will allfair the worse for itt. " Hee went up corragiously with some brisk menwith him, butt their was provided Mollattas and hunters with theirlaunces which came to oppose him. He fierd his Pistole and shott downeone Musteese, [30] the rest fiering and lodeing as fast as they could, but the Spaniards coming in uppon them so fast that kill'd capt. Sawlkins and 3 men more. Thay tooke one alive. Wee heard him make adreadfull noyse butt could not rescque him, butt was forst to retreateto our cannoes, and goe off as fast as wee could, thay comeing downeso fast uppon us. Wee found in this River 2 barkques: one we burnt, the other wee brought out which was laden with pitch, She seemeinglikely to sayle well. Our peopple went aborde againe of capt. Cooke, which lay with his barkque att the Rivers mouth, telling us that capt. Sawlkins was killd with 3 men more, to our greate sorrow. Wee saildout with the barkque to the Key wheir the greate Shipp lay, about 5leagues from this River, to the Southwards. When the parties came toknow that capt. Sawlkins was kild and that thay could discover him tobe our Admirall by the ring he had on his finger, a Present from theGovernour of Pennamau, [31] He sending him this token and with all tomeete him on shoare with a hundred men to try their manhoods againstone hundred of them. Capt. Sawlkins returnes this answer, that in casehe would bring out one hundred thousand peices of Eight he would meetehim, with one hundred men against his, to fight him for the money, orElce resolved to die in that Place. Butt the gov'r of Pennamaurefused so to doe. Now capt. Sharpe goe's aborde the greate ship the_Trinnity_, as chief commander. Capt. Sawkins being very well belovedby the party that saild with him, and Sharpe ill beloved, their was aparty of sixty men went to returne over land, to whome wee gave capt. Cookes Barkque to carry them downe to the River of Sta. Maria. HeEntring into the Barkque that was tooke in the River Pueblo Nuevo, which Barkque wee tooke on the first day of may and named her the _mayflower_. Butt upon some disgust or other capt. Cooke left his _Mayflower_ and went on board the greate Shipp as a private Souldiar. Capt. Batt. Sharpe, being command't in chiefe, putts a commander ofthe _May flower_ one Jno. Cox. Att these keys wee fil'd our water andputts to sea to ply to windward. These keys lye in 7° 20´ Northlattitude. We had the wind att S. E. And B. E. And S. E. Wee stood to theSouthward, steming S. And B. W. And S. S. W. , butt little winde andsometimes calme. Wee tried the currant and found itt to sett E. Andb. S. , a stronge currant. When wee had by our Judgement 60 leaguesoffing, wee had thoughts to goe to a parcell of Keys cal'd thegalloper, which lieth 100 leagues in the offing from the Isle ofPlate, and under the Equinoctiall. [32] we haveing here the windshanging much in the S. W. Quarter, wee stood to the Southward about 8dayes, with our starborde tacks aborde, and in the morning about 8 ofthe clock, wee saw the land, which proved to be an Island called theGurgony. [33] wee intending to cleane the Shipp Stayes here, andfindeing a good bay, wee conscidered of itt and concluded to carreenehere. Wee findeing this Island good Stoare of water and fish, Oystarsand Indian Connyes, and Monkeys which wee Eate for want of meate. ThisGurgony lieth in the lattitude of 3° 7´ in a deepe bay. NoInhabbitance on't, save fishermen and those that dive for Pearles. Her's good tree's for mast and timber, And for many other uses tofurnish a shipp. Wee carreen'd the greate shipp by the small barkquecal'd the _May flower_, built a house on shoare to putt our Riggingand saile in. Our greate shipp heaveing downe very taught, wee couldnot [bring] her keele upp by a streake. [34] itt flowes att this Islandtwo fatham upp and downe. [35] wee made fast our cable to the trees, and the other Anchor in the offing; all being done to both shipps, insix weekes time wee putt to sea againe, intending to windward, andOrders was given, in case of looseing company, that wee wear to makethe best of our way for the Island of Plate. Att the beginning[36] ofJuly twas, wee putts to sea both together. Winds att S. S. E. And S. AndB. E. Wee stands with our Star-borde tacks aborde, standing over to theIsland of Barrakoase or elce called Cock Island. [37] this Isl'd liethin under the land, and is inhabbited with 7 or 8 families, as ourpilot gave us an account. Our former new Barkque, as wee heard, wastaken into thiss river of barrakoase, and all butt one distroyed. Theland here is high champian land far in the cuntry, butt near the waterside low and Mangrovey. It lieth alonge W. S. W. 90 leagues, till weecome up to a key cal'd St. Francisco. [38] wee turn'd in up within 3leagues of the shoare, with both shipps. Wee Indeavord to stand inwith the land in the night, to gaine the land winde. About the fiftday att night after wee had been outt of the Gorgony, wee fortun'd toloose company, which brede greate disturbance on borde the GreateShipp, which had 150 men on borde, butt much more fear and Ranglingwas on borde the _May flower_ for fear wee should all be putt to ourShifts, being in an Enimies cuntry and unknowne Seas to us. Wee in the_May flower_ follows the order received from the Admirall and makesthe best of our way for the Isle of plate. As itt appeard after-wardthe greate ship stood into the offing for 2 dayes and the _May flower_turning alonge shoar, gott to the Isle of Plate before the Ship_Trinity_ 3 dayes; wee wear about 15 dayes a turning up. The windsblow att S. E. And b. S. And S. S. E. Most Here, with-out itt be in aturnado. This Isle of Plate is so called because in former time Sr. Francis Drake tooke their Armado of shipps, which was bound downe toPannamau, and carries them into this Island, and their shares theirwealth, as capt. Barralto related to us, [39] so that since theSpaniards have called itt the Isle of Plate. Here wee have goodAnchoring in about 14 fathom water, in a brave Sandy bay. You anchoragainst the body of the Island, bringing the Sandy bay to bear S. W. And S. Of you. Itt is well furnished with gotes, which caused us totouch here for fresh meates, butt no fresh water that ships canconveniently fill att, except in the time of raines. We lay att ananchor here 3 dayes. One man comeing from the South side of thissIsland saw a Shipp off att sea standing into the shore plying towindward. Itt rejoyced our hearts hopeing to be the _Trinity_ ourAdm'll, which so proved. The next day She gott Inn, which caused Joyon both sides. Here wee gott some turtle, which are butt small tothose in the South Sea's. The greate Shipp was damag'd by standing sofar to sea outt of the bay of Gorgony, twisting the Heads of her loremasts, occasiond by hard winds which blew att S. S. E. , butt as soone asthe carpenters had fitted the heads of the mast wee putt both to sea. This Isle of Plate lieth in 58´ South lattitude. [40] the Greate shippbeing now more in her trim out sails the barkque. Now wee learning ofa Place cal'd Arico that lieth in south lattd. 18° 40´, [41] a richplace, Intends thither, But delaying of time att gorgony, advice issent from Pennamau up to a towne cal'd Yaceell, [42] a very rich placefor golde, which befor capt. Sawkins was kill'd intended to havetooken, butt after the 60 men had left us, wee had Informacion thaywear provided for us, soe wee stood upp alonge shore to goe to Arica. In 2 dayes wee getts up as high as St. Alena, which is a point. Ittlieth in south lattd. 3° 5´. [43] the greate ship towes the small one, because would gett to windward before discried. This River of Yseell[Yaceell] is a brode river, about 35 legs[44] att the mouth. The townelieth Near 40 leagues up the River. About the middle of August onenight, as the greate shipp had us in a towe, we saw a saile in thedarke. Wee lett goe their towe, and made what saile we could to her, comes in half a hower up with her, and ha'ls her. Shee fierd aHarkquebus att us, att which wee presented them with a whole Volley;she fier severall small gunns at us, and wounded 3 men. One of themafter-wards died. Wee laid her aboard and tooke her. She had about 30hands in her, fitted out for an Armadillo[45] to come downe to theIsle of Plate, to see what a posture wee lay in; their was on Borde 2very Honorable gentlemen, which came out for ther Pleasure to see us, wee being term'd amounge them a strainge sort of Peopple and cal'd bythe name of Laddron. Thay tolde us that 4 dayes before thay came outof Yakell saild a shipp bound up for Lymmo, loden with tymber, woolencloth, thred, Stockings and some silks, which if wee kept under theshoar as shee did wee must needs see her. Thiss Vessell wee tooke, nott sayleing so well as the _Trinity_. Wee rummages her, takeing whatwas good, towes her 35 leagues off to sea, cutts her maine mast by theborde and give her to the Prissnars, giveing them water and flowerenough that thay might not want. Wee kept the 2 gent'men and themaster to pilote us. Wee stood into the river of Yakell and makes theland. Att the south side of the river about 16 leagus within is capeBlanco which is the southermost point of this river Yacell, and capeBlanco lieth in 4° South lattd. Point a St. Alena is a very remarkableland to beknowne, for tis like to a shipp with her keele up. Thisscape blanco is a very barren land, onely small brush growes uppon itt. Thay cals to us out of the greate shipp, aboard the _May flower_, togoe in under the shor to anchor, which wee did, and hal'd on borde ofthem. Thay tooke out our water and flower and what was necessary andcutt a hole in her bottom, so wee all went on borde the _Trinity_. Bytakeing a small armadillo barkque, wee have Intelligence that a smallBarkque of 7 hands of our's, one Morriss Connoway commdr. , was takenand 6 of them Kill'd in the river Baracoes, onely one saved whichspeakes good Spannish, which suppose to be one Tho. Hall, whome theSpaniard hath prissnar att the river Ketto. [46] wee weere sorroy tohear it but could not help itt, neither knew not how to gett the otheroff that was alive, he being about 60 leagues in land. Wee cruisedunder the Shoare for the shipp which came out of Yacell bound forLymmo, which lieth in 12° South Lattd. By our prissnars wee understoodshee had brake her mayne yard and was putt into Payta, [47] buttstanding to and throw under the Shore wee saw a sayle to windwd. Asfarr as wee could descerne. Wee stood after her all night and the nextmorning was within a league of her, the wind blowing a brave freshgaile. By 12 aclock was up with her and found her to be the saimeshipp thay tolde us of. Wee had all manner of cloth in her, thred, Stocking and a very good linnen and silk plunder, some wine andbrandy, very little plate, saveing a cupp, dis[h] or plate or soe inthe cabbon. After wee had Plunderd her what wee would, wee towes her40 leagues into sea, in the lattd. Of 7° 10´ So. Lattd. Wee cutt hermaine mast and mizan by the borde, and putts in a greate manyPrissnars, keepeing the Master of the Small Armadillo and Barralto forPylotes. Now wee are all with one conscent bound for Wind-ward, bloweing a fine ordnary gaile att S. S. E. And S. E. And B. S. Wee standsclose-hald into sea, steming S. W. , sometimes S. W. And B. S. ; sometimesthe wind came in flawes, that we lay but S. W. And B. W. Wee generallycounted that wee made west 30° or sometimes 20° degree's course to theSouthward of the west of cape Blanco, which lieth in 4 degrees. Weemett with very hard winds, but after wee gott as high as 7° degrees, oppositt to a point of land called Point Agoohow, [48] wee had easeywinds that wee seldome reeved our topp-sailes. This land trenches awayfrom the Point Agoohow till you come to Arrica, which lieth in thebottom of all the bay in the lattd. Of 18° 40´ So. Lattd. S. S. E. [49]wee Stretches of to Sea about a month and getts into the lattd. OfArrica, then wee had att the chainge and fall of the moone a smallw. N. W. Wind for 3 or 4 dayes togather. Wee stears in E. S. E. With allsayle wee could, the master att that time Imagining that that coursewould fetch Arrica, butt the wind comeing att S. E. And b. E. And S. E. Wee found that wee could lye but E. And b. N. Here wee found 8°variacion and as wee runn to the Southward wee found the variationmore. Makeing what saile wee could, being in the lattd. Of Arrica 380legs. , Imagining wee should be discryed before we gott in, wee fell toleewards of Arrica about 14 leagues, by a bay they call the bay ofYellow. [50] meeting under the Shore with a leward currant, was a weeklonger than expectacion turning up to the bay of Arrica. Wee cameabout the beginning of October, and to my best remembrance, Indeavoredto land the Second Day. Att the north side of the bay, wee mand our 2cannoes with 30 men and our Stricking Dory with 8, Our perriauger with37 men. Wee roade to the Shore butt found their no landing, soe thatwee return'd againe, and stood in directly against the Morro Head, [51]which is a High Hill made white with foules dunging on't, which liethJust over the towne of Arica, a very Remarkable Place to be knowne. Itt lieth att the wester part of thiss bay of Arica, on which thay ustto keepe a looke out. Especially now hearing wee wear in the Seas, andbound upp to take that place, kept the strickter watch. Wee saw, thatafter wee had made a second attempt, to goe ashoare, which was thenight following we made the first, that thay knew of our coming, forJust as wee wear goeing to land in a bay about 2 leagues to theSouthwards of the towne, wee saw many horse men rideing alonge Shoare, so that wee findeing no convenient Place to land, rowed a little ofShoar and consulted togather. Wee lay in sight of the shipps, and saw5 or 6 sayle vaporing and fiering off their Paderrero's[52] tofrighten us; some of our Peopple would have gon in to have distroyedthem, and others being backwards would not, soe all returnd aborde ofour man of Warr _Trinity_; and makeing the best of way to windwards. Capt. Batt. Sharpe being our commandr. , and haveing gott money by thedeath of our former capt. Sawkens, and more that he gott by Play, wasIntended thiss year through the streights of Majelena, [53] butt somegrumbled saying thay had not Voyage Enough, and weare unwilling, sothat their was a debate amounge the peopple and capt[ain], buttstretching of itt into 29° and 30´ wee weare Informed of a towne inthiss lattd. Its called Quoquemba, [54] a towne of 7 churches, no longesettlement butt a mighty Pleasant place and very rich of gold andsilver. A Delightsome garden for all sorts of fruite, a[s] cherries, Appricocks, Peaches, Apples, pares, prunellos, Strawberrys and allthings which grow in our Northern Parts, and curious small runingRiver parting Every mans land, mighty Pleasant to beholde. Thiss towneof Quoquemba wee takes, butt wear discried 3 dayes, as wee heardAfterwards, By a flagg of truce which came in to treate with us. Thaygotten away their mony and Plate out of the towne, onely some ChurchPlate with Silk hangings we Plundred. In the towne we tooke freshProvission, as biefes, hoggs, and wine, which is made hear, Andindifferent good Brandy wee carried on boarde. Wee landed here on aTuesday Morning, an houer before day, att a store-house which is madeatt the S. S. West part of the bay, from whence capt. Batt Sharpe andrest of the party (onely[55] those who wear left in the cannoes andLaunch which was 2 in the cannoes, and 3 in the launch) marched forthe towne of Quoquembo. 35 of our party as they wear Marching mettabout 150 Spaniards, most on horseback; thay had not all gunns, somelaunces, other Spade's; more of our Party comeing upp, seeing thefoloorne so much Ingaged, thay wounded one or 2 of their horses, withsome of the Spaniards, which made them to retreat to a greate hill, about 5 mile from the towne. Wee Entred the towne and kept possessionof 4 dayes. Wee askt the flagg of truce five hundred thousand peecesof Eight for the randsome of thiss towne, and told him that the nextday by 10 of the clock, thay should bringe their money, otherwise weewould burne the towne. The next day the flagg of Truce came downe by12 of the clock, and tolde us thay would give no randsome. Weeunderstood thiss flagg of truce Had a suit of law in hand, and waslikely to be cast, as he afterwards told us, which would be the ruingof him-self. He shew'd us his house and desier'd us to sett fier onitt, whatever wee did. Fa[r]ther told us that if we weare not gone thenext day thatt thay had gotten togather 600 men and most of themArmed. Wee gett the Plunder of the towne what wee could. Next morning, setts most part of the towne on fier and Martches to the bay. Theirour cannoes mett us and tooke in our things wee brought downe andcarried on borde the shipp, wheir she lay att Anchor within a Mile ofthe Stoare house, Just within a Rockey Poynt. The land lay in thewinde 2 Points without her. The night before our Party came downe, OurShipp had likt to have beene burnt. A Hogg skyn being blown upp andsowed tyte, some fellow of a Spaniard had Venterd off and laid itt onthe rudther and Stearn Post (itt stufft with powder), satt itt onfier, and went away unseene by our Peopple. Some of our men smelling astrainge Smell, run to and thro' about the Shipp to see for itt, lookeing every wheir. One man, seeing a light come into the Cabban, lookes out att the Stern-Portes, and spies wheir itt was, cryes outfor more help, and by a providenc of God gott itt speedily out. SomeImagined itt to be a Plott of the Prissnars aborde against us. Somewear for killing capt. Barralto, because att that time he hid himself, others for keepeing him alive till our capt. And party came on board, which the next day thay all did, and being acquanted with what waspast concludes to sett them on shore here thatt wee had had 7 or 8months, Don Juan and his Cossin, a fine younge man, capt. Juan andcapt. Barralto wee putt ashore, all att thiss storehouse in the bay ofQuoquemba. Wee wear glad to be ridd of them butt thay much more gladto be cleare of us; butt before thay went ashore thay understoode thatwee wear minded to goe to two keys that lieth from thiss Place S. Andb. W. And S. S. W. About 90 leagues off shoare in the lattd. Of 33° 45´south lattd. These keys are called Don Juan Francisco's[56] keys, because he found them out first, and Putt a parcell of goates on them, and since have bredd to a mighty number. Aboundance of Fish andSeales; as fine keys as any in these seas to recruite att, being waterand wood Enough. All is on the Easterd most key. These keys lieth Eastand west one of the other, 20 leagues distance by Relacion of somePrissnars. [57] on the westermost key is no anchoring for Shippsneither any cattle, so that wee did nott stop their att all, but wentto the Estermost key, wheir wee come to anchor, with a northerlywinde. Att the South sid of thiss Island is a brave Sandy bay but norideing if the wind come out Southerly; then you may runn downe to theleeward side of the Island. Our master, Jno. Hilliard, for somemisdemeanor was turn'd out of his Place, and his mate, one Jno. Hall, putt in Master. Hall went with a cannoe mand to Leeward to find a baywhich he thought might have beene a good place, seeing no better, sowee ridd 2 dayes with the Shipp at the Southermost bay. The windcoming out againe att S. E. And b. S. And S. S. E. , we waied and putt tosea, fearing twould blow hard, itt being an open bay. So wee ranndowne to thiss other bay our new master had found out, and lett goeanchor. Our cable parted. Wee weire faine to goe father to looke foranother anchor Place, and about 4 miles to the N. W. We saw a finelarge bay and rivers of water, that wee filled our water close to thewater sid, wooding convenient, fish great store, Seals Inumerable, butt we eate none, gotes mighty Plenty. The Islands are butt small, nott above 7 miles round, butt very high and Hilly, full of Valleys, so that wee rowed on the westward sid of the Island to windward or tothe southward to hunt for goates. In thiss second bay of anchorag, came downe such flawes of wind out of the Valleys that our Anchorcould nott hold, that wee almost drove aShore. Our Peopple cuttingwood and filling water, which was the greater Party, haveing no lovefor capt. Batt. Sharpe, concludeing togather to turne him out of hiscapt'shipp, which thay did, and Putts into his Place a stout ruggedfore man as captaine;[58] itt was much trouble to capt. Sharpe to bethuss served, butt could nott help himself, for the peopple weirResolved nott to goe home by Sea before thay had more money. Wee layin thiss small bay, which was about 2 miles to leeward of thiss greatebay, about 3 dayes. Wee made hast and gott our Anchor we lost andwater aborde, and the most part of the wood wee had cutt. Wee wearminded to have spent a moneths time att thiss key of Juan Fernandusand then to have gon downe to have cruised till the next Year; OurBlacksmith was ashore prepareing to have built a forge, and made Ironworke for the Shipp, and Intended to have burnt charcole. He hadpartly fixed his bellose. Wee had two men of warr cannoes gon towindward for goates and had found, by relacion, 150 fatt ones, buttsleepeing alnight by a fier att the Sea Side and in the morning wentto fetch their goates, lookeing out to se if the Sea weir cleare ofshipps Spyed within 3 leagues of the Island 3 greate saile of Shipps, Admirall, Vise Adm'll and Rear Adm'll; seeing thiss, made what hastthey could to their cannoes and soe on borde shipp, leaveing all theirgoates behind them bound. As soone as thay came near the Shipp thaywarned us with 3 Motions, that wee understoode their was 3 saile. Weegott all our peopple that weir on shore off and what other things weecould, gott our anchor on bord, had nott time to gett the Other buttlett him slipp, hoysted in Our launch and canno's. By thiss time thayweir came within sight of us; so near that wee could se a weaponflorrished on the quarter deck of the Adm'll. Wee understoode wee hadleft one of our Strikears on shore that had gott under a tree toSleepe, sent a cannoe for him but could not finde him, soe came of tothe Shipp and left him their. [59] these 3 shipps Clings the wind andstands After us. The reare Adm'll which was the least had 12 gunns, their Vise Adm'll 16 and their Adm'll 24. Our new capt. , being Jno. Watkins, would have gon aborde the Adm'll if the Party had beenewilling; wee could wronge them by sayling att our Pleasures, bye orlarge, soe that wee played with them a day and a night. Then weeconcluded twas our time to goe downe and take Arrica, the Place thatwee made an attempt att before. Wee made what sayle wee could, Steering N. E. And b. N. , to fall in about 30 leagues to windward ofArrica, which wee did very well, but we weir tolde of a fishing keythat lay hear abouts 18 leagues from Arrica;[60] wee concluded to gothither, which was our greate folly, and so standing off and on, thoseon the key saw us and forthwith sent to Arica to informe them of us. Our man of warr cannoes, roweing alonge shore to thiss Key, was 2dayes before came up with itt, which att last did, and took 2 Antientmen Prissnors, about 75 years of Age. Here we gott some fish and wine. Our peopple Examin'd the 2 old men, found them in two tailes, the onebeing trew, the other not, as wee found Afterwards. The one tolde usthat Arica had news of us and that he believ'd thay would be providedfor us; for he sd. A Post would ride from the sand key to Arica in 3dayes. For thiss Speech the man was shott downe by our quarter masterJno. Duill. The Other was made much of, because was supposed to speakethe truth. Soe wee made what hast wee could to Arica, and on a sundayMorning, itt being in March, wee landed 82 men, wee understanding ittto be a small towne. Our orders was, if wee saw 3 Smokes rise from thehill thay called the More, wee should make what hast wee could intothe harbor. Our Peopple marching till thay came to the towne, saw nopeopple till they Entred the townes End, wheir thay found Every toppof a house fitted for them, and a fort of 12 gunns mounted. Theirhouses hear are built all flatt att the topp, for they never have anyRaines, no, nott in the remembrance of the Spaniards, butt very greatedewes. Wee fell on the towne smartly, and became Victors in fouerhowers time so that twas our owne, Notwithstanding their was above 700men In Armes, att our comeing. [61] all the Cuntry within 20 myles wascome inn and more in greate Number comeing. Wee tooke the biggestchurch to Make a Hospitall for our wounded men, which weare abouttenn, and six killd out right. Our capt. Jno. Wattkings was kill'd attthe same time, to our discomforts. One of the capt. Of the Spaniardswhich wee had taken, Spake in his owne linqua[62] to thiss Efect, "Gent men, I know you are men come to seeke a fortune, if You wantmoney or Plate goe alonge with me, I will shew you wheir their is morethen you all can carry away. " wee gave no credit to him, butt wasminded to fall on uppon the forte to take their greate gunns for theshipp, haveing none on board. Our Party being so tired, and cutt off, wee weare feigne to leave the greate gunns, money, all the Rest of therich traide which was in that small towne. Three of our Doctors beingin the Hospitall Church dressing of our wounded men, had about 6 menOrder'd to guard them with their Armes. After wee saw we weir soworsted and beaten, fighting against so greate Advantage, Somepeopple rann to bid them come away as could march, for our Party wasgon out of the towne. The Spaniards seeing thiss gott fresh to theirArmes againe, and rallied upp with us about the church that they durstno come out, so that their was left 5 well men besides the 3 Doctorswhich had not one Dropp of blood spilt from them. One or two of thewounded men that had good hearts gott up and rann to the Party, andtho' thay had many a shott made by the Spaniards att them, yett Scapteclear. So many of our Party being almost choked for water, made use oftheir owne; butt comeing downe to the water side wheir the launch andcannnoe lay reddy to receive them, their follows them a parcell ofNegro's and Mallattos, which stood on a High Hill Just over theCannoes and throwes Downe Stones and Launces on Our Peopple. In thissfrey, wee had taken, kill'd and wounded about 30. Wee Judge wee couldnot Distroy of them less then 150 or 200 men, for they lay very thickin the Streetes. Their governor or Gen'll was upon a Hill calld theMore, on Horse back, Just over the towne, from whence he could seeinto every Streate and which way wee went. He often weaved to hissoldiers from thence, With his Handkerchiffe, to gave them noticewhich way wee went, and crying out, "Valiente soldados, buina ValientaSoldados. "[63] Some of our peopple passed a shott att him but couldnot have the fortune to hitt him. Our former new capt. , Jno. Wattkings, being kill'd att this Place, capt. Sharpe would have thrusthimself capt. Againe. Soe that our party resolved to goe downe toleeward. The most voyces wear to have the shipp, the lessar to havethe Launch and two cannoes. One party was resolved to stay, the otherto goe over Land, as will be presently related. Wee now wanting waterand soe like to be in greate Distress, considered, and with the adviseof our Spanish pilott wee must goe into Ylo[64] for water, butt weelearneing by some Spanish Journalls that their was water 14 Leagues towindward of Ylio, which place wee Indeavord to comepass, and comeingthither, found such a sea goeing as could nott gett ashoar with ourCannoe; Soe Endeavor'd to gaine the Keys of Juan Fernandas againe. Butthe windes bloweing so much southerly we could nott. Soe leaveing ittinto the Shoare with our Starboard tacks on board, fetcht the baythe[y] call't Vispo, in which their is a brave River and very goodwater, which bay lieth in South lattd. 29°. [65] So wee fill theirabout six tunn of water, And by Informacion of a Prissnor their taken, that att Coequembo lay 2 men of warr, and he beleived would be downenext morneing, thiss bay of Vispo being butt 15 leagues N. And b. W. From Coquembo. Att thiss Place wee found a new barkque and building. Some sheepe and goates wee brought of for foode, butt the Barkque weeleft, hopeing to have better of her hereafter. Putting out of thisPorte wee saild alonge N. N. W. 3 dayes, about 8 leagues of Shoare, toanother bay lying about 24 degrees South lattd, A Bay cal'd by thename of Capt. Drakes his bay, Because that when he was their hewater'd. Their is a brave fresh water River, And to thiss day isstanding a church which the sd. Cap. Drakes causd to be Built for hisMemoriall; alltho' wee could nott gett on shoare by the Violence ofthe Suff, yett the church was very vissible to us, nott being aboveone quarter of a mile from itt. [66] so that att last wee wear forc'tto goe to Ylo to fill our Bumkings[67] with water. Wee stay'd hear twoDayes but dare make no longer stay, for fear the cuntry should comedowne uppon us. This Ylo lieth N. W. And b. W. From the Afore namedArica, above 26 leges, And in the lattd. Of 17° 45´ South lattitude. Ylo beareth from the Citty lymmo S. B. E. 120 legs. Now haveing fill'dthiss water we putts to sayle to carry the party which was minded toMartch back into the North Seas. Wee rann down alonge, N. W. And by N. And N. W. , Just keepeing sight of land because would not be Descried, which way wee went. About 9 dayes wee saild N. W. And b. N. And N. W. , and meeting with a Strong Currant which as wee Judged Satt N. E. Into abay, wee fell in with a small Island about five Miles round, in thelattd. Of 7° 40´ So. And about 12 leagues off the Maine shoare. Tothiss Island our Prissnars tolde us severall Barkques came to forpretious Stones, which weir to be found their. Due East from thiss keylieth Another which is Inhabbited, 7 leagues from thiss key and 5leagues from the maine or Trucksilly, [68] which is a towne wheir iswater, and on thiss key cattle; aboundance of Fish is made here. WeeJust weatherd the small Rockey key on which the Pretious Stones arefounde; wee had the wind att S. And B. E. And S. S. E. , a fine topp sailegaile and fair weather. Wee Steares away N. And b. E. To make PointSta. Alena, the Point that is before discourst of, that makes theNorthermost Point of the River Yakeell. The next day was upp with theIsle of Plate, which lieth in South lattd. About 50´. Then the Partythatt resolved to goe over land, began to provide for Vittuall. Theirwas about 56 of them, which carried away what thay had. Thay had alaunch and two cannoes. Itt was on Sunday, after wee had din'd withwhat wee had, which was att that time onely bread and water. And nowbeing under the Equinoctiall about a ii leagues from Shore wee [saw]Mount a Christo plaine, [69] that lieth some leagues in the cuntry, TheMount bore of us E. S. E. These poore men when parted from us had about5 leagues to goe, before could Conveniently Land, for wild Indians andnegro's, which by shipping formerly their was cast away, and sincegrone very Populus and Barberous, As we wear inform'd by ourPrissnors. Thay did intend to take thiss island of ---- or CorkIsland, which lieth in the bay of the Gorgony. Now thay being gon bothparties wear much troubled att the parting, Yett the party that wentaway would have staied in case Sharpe had nott beene made capt. , forthay could not by any meanes allow of him to be capt. More of us wouldhave gon away, Butt capt. Sharpe sends his Master to us who spokethuss (his Name was Jno. Cooxe), "Gentmen, capt. Sharpe doth declairand swair that those men that will stay with him and goe about in theshipp with him by water, that he will make them a Voyage, and doe theuttmost of his power to gett money Enough, and will not have thoughtsof goeing out of these till every man is willing. " soe wee consider'dour shipp was foule. Wee that stayed wear about 61 soles in number. With the advise of capt. Batt. Sharpe was resolved to run downe toPennamau, and to leeward, to finde some private place to cleane ourshipp in, and to take her one deck lower. Wee searching of someSpanish Jurnalls findds mention of an Island lieing to the No'ward in8 degrees called the Island of canes, wheir wee found thiss Isle ofCanes;[70] and by our observacion lieth in North lattitude, 7° 30´. Their is good wooding and watering butt no secure place for a shipp toride in, without very good Anchors and Cables, which wee att that timewas Ill provided with. Wee staied here 3 dayes and killed one sow andPigg and fill'd water. Here are good large Oysters. So wee sett sailewith full intencion to goe into the Gulph of Dulce, [71] if wee couldfind itt, but wee stearing away N. W. About 33 English legs from thissIsle of Canes, which Island lieth 5 legs from the Maine shore, andcomeing in with the land saw a brave deepe gulph, which concluded wasa good Place for us to cleane Our shipp, hopeing that their might beno Inhabitance. Into which gulph we rann, by sounding of our leade sofarr as wee could, Except wee had had a Pilott for that place. Weehoyst our 2 men of warr cannoes And went upp the Gulph. Capt. Batt. Sharpe Imbarkque[d] in one of them him self, to see if could take anIndian to understand whatt for a place itt was; goeing about 4 leaguesahead of the shipp, comes upp with an Island lying in the gulph ofNicoy, [72] which Island wee understood by some Indians was called theIsland of Perroz or in English the Isle of doggs. Wee found 3 or 4families which lived heare of Indians, very poore, haveing all thaygett once in two years taken from them by the fryars, and thay tell usthat if thay have nott to pay the friars what their demands is whenthay come, that thay carry away their children and makes them Slaves. Butt our capt. Batt. Sharpe Asked of one Indian that could speakSpanish, if any Shipp used to come their. He said that their was attpressent 2 small Barkques that weir come from Pennamau, which weirlodeing with hides and tallow bound for Pennamau again. The Indiantolde the capt. He would Shew us wheir they weir; with whome capt. Sharpe went with his cannoe well man'd, thiss Indian leaveing somehands on the Isle of Perros or Dogges, to see that none gott away todiscry us, with our Shipp getts on brest the Island and Comes to anAnchor, and missing the right channel lay their not haveing above 3foote water more then wee drew. Thiss was about 25 of Aprile 1681. Thenext morning these two barkes was taken, the one being 2 thirds lodenand the other half loden with talloe; wee tooke out as much as weethought might serve to tallow our Shipps bottom twice and to make uscandles, and no more, which is as I Imagin about 60 or 70 Packs. Nowwee wanting carpenters understoode by thiss Indian Pylott that theirwas 2 shipps up an Arme of a River, about 4 leagues from thiss Isle ofDogges. The Indian conveighs us the next night upp to them. Themorning about an hower before day wee comes wheir thay weir building, about 300 tunns a Peice; one of them haveing beene on the Stocks about3 years. Itt Pleas'd god wee tooke the head carpenter and the Rest ofhis gange, which weir about 12 in Number, with their tooles, about 6Jarrs of wine and Brandy, which was much to our comfort, haveing livedfor some time before on bread and water. Takeing these carpenter[s]with their tooles, wee weare in greate hopes to have Our Shipps upperdeck taken downe and made better for sayleing in little time, withthe help of our owne carpenters; butt to carreene her here isimpossible Because of a greate citty about 18 leagues from thisslagoone of Nicoy, itt being the citty Naine, [73] wheir thay can Raise20000 Men. Wee fell lower downe in the River, as lay out of the way ofthe tide as much as could, for here the tides runn very Stronge andkeepes itts course of moone. Itt flows S. S. W. , which when the moonecomes to thiss S. S. W. Point itt makes high water. Itt flowes about 3fathom and half right upp and downe. When wee brought these Spanishcarpenters on borde, our capt. And carpenter Shewed the Spannishcarpenter what thay would have done, desiering him to be reall, andtell them in what time itt might be finished. He promis'd that within10 day, with the assistance of our peopple, he did nott doubt buttfinnish itt; att which our capt. And company told him that as soone ashe had done he should have one of the barques for his paines, and allhe[r] ladeing of tallow, and that he would sett them all ashoreagaine. Thiss Spannish carpenter being a very Ingenious worke man, andsaw wee shew him and his company a greate deale of respect, whichbegott a love in him to us, for he tolde us wee should make whatdispatch wee could out of the lagoone, for the cuntry was verypopulus, and would soone be after us if could procure any Imbarcation. The carpenter dispatcht is [his] buisness in 12 days, so that he andhis comepany had the Barkque and all her loding. Putting them ashorewith some Prissnors wee had taken before, wee take a perriauger thatcome downe to thiss Isle of dogges, with a Spannish March't and aMustees woman, which we suppose he kept. The woman lieing on borde oneor two nights, was very familiar with one Copas a dutch a man, [74] whoformerly had saild with the Spaniards, and had the linqua att will, but was mainly Inamoured with thiss women, makeing her severallpresents of some Vallew. After the carpenters weir gone wee fell downelower in the lagoone to fill water. Thiss Copas goeing aShore to guardthe Prissnars that fill'd water made an Excuse to goe into the woodsto kill some thing to eate, but went cleare away, that wee never sawhim since, carrying with him about 200 Peices of Eight in golde andSilver, that putt us in feare least he would give Intelligence whichway wee weir bounden, wee being att this time butt a small partie, about 64 soules, and nott any greate gunn to help us. In takeing ofthese carpenters one of our men, a Scotch man, haveing dranck to much, by some way or Other gott out of the cannoe and was drounded. Thepeopple telling us the Barkque saild primely well and the best saylorbelonged to Pennamau wee kept her to waite on the Shipp. Shee was asmall open barkque. Wee tooke in her a man that was acquainted withthiss Gulph of Dolce, who tolde us wee might lay the shipp on shoretheir very well and no body see us, nor any Spaniard know we weirtheir, so wee concluded to go. About May the first 81, wee arrived inthis Gulph of Dulce. Itt lieth from the lagoone of Nicoy about 47leagues South and from the Island of canes ii leagues S. S. E. Wee foundaccording to what the Spanish fellow tolde us, a very fine place tohall our Shipp on shore to cleane her. Here we caught some fish andturtle and fedd well for the time wee lay here. We Built a houseashore to putt our provissions in, to keepe them from the Raines, andcarried ashore the most part of our Ballast, in the barkque and men ofwar cannoes. Wee findeing the small barque to Saile very well, theCapt. Putt in 7 Hands to her, to sayle her. As wee lay one night readyto hall a shore the next high water, the winde blew att South veryhard, that our after mast cable gave way, that the shipp drave ashoreagainst the rocks, we weir afraid should have bildged her; but the 2carpenters, being carefull, shord her up to ease her what thay could, and the next flood heav'd her off againe to a sandy place in the bay, wheir wee found some butt heads started and abundance of nailes andspikes wanting, which our carpenters had provided for and draveaboundance in her bottom. We lay here about 5 weekes, mending oursailes and fixing our rigging. Here cam in to us some Indian men, women and children, to whome wee gave Victualls and drink; thay staidwith us tell we had done our shipp; some times giveing us plantans, and some time goeing into the woods, finding bees nests, would give usthe Honney; butt the most good these Indians did us, wee had theirbarque loggs[75] all the time we lay hear to make us a Staige. Some ofthem goeing away Amounge the Spaniards tolde them that their was agreate Shipp in the Gulph, and that wee weir a casting of greategunns. Butt these Indians that came to us tolde us that the Spaniardshad tolde them if any shipps came in that had any thing of redd intheir collers, [76] that thay should have a caire and not come on bordeof them nor lett us see them, telling them that wee would kill them;but as itt happen'd we went in with all white collers, which was theSpanish order that thay should Assist all those, for thay weir theirfriends and would doe them no harme. The Spaniard lives here from theGulph of Dulcey about 3 dayes Journey. Thiss Gulph lieth in lattd. 7°22´ No. Lattd. Wee fitted our Shipp, clensed our bottom what weecould; the small barque filld water, cutt wood, and went away to Seato looke for Purchase. [77] we went from thiss place about the last ofJune 81, haveing a good fresh gaile att S. And B. E. And S. S. E. Weestands over thiss bay, cald the bay of the Gorgony, which Isle ofGorgoney wee carreend att the last Year lieth in No. Lattd. 3° 35´, ortheir abouts. The land that we made was 7 leagues farther to windward. Here generally setts a greate currant out of the Sea into thiss bayE. N. E. Wee fell in first with Barraco Island and cock Island. Wee nowbethinks our selves that twas time in the year to gett up to windwardto goe through the streights of Magelene. Wee recruted here withwater, filling all we could. About 30 leagues W. S. W. From thiss IslandBarricoes we turnes up to windwards, and of[f] Cape passagoe, whichlieth in 45´ No. Lattd. , [78] wee cruises a good way of shore, about16 or 18 leagues, sees a saile, we gave chase, and comes up with herabout 9 aclock of night. We found her to come out of Yakell, bound forPennamau. The same shipp wee took loden with cloth and other goods theLaste year, which was then bound upp to Lymmo. She had in her now goodStore of cloth, silk, stockings, mony and Plate, about forty thousandpeices of Eight, and severall good things, butt the chiefest of herlading was coco. Wee tooke out her what we thought convenient andcarried her under the shore and came to an Anchor, and when we haddone rummageing her putt them all aborde, cutt downe their maine mast, gave them Victualls and Drinck enough, and putt them to sea to goeright afore the wind for Pennamau. The master was very glad we gavehim his shipp againe, and the most part of his lodeing; that he sworewee wear the Honnestest ladrones that ever he saw in his daies. Wewent of to sea cruiseing for more. We understood by thiss last prisethat the Spaniards could not tell if [we] wear to windward orleewards. 3 dayes after in the morning we spies a small barque closeby shore. Wee gave chaces to her, came up hand over hand with her. Shemakes what she could for the Shore, their being one Spaniard in herthat knew us, who we had taken the last year. She comes to an Anchorwith in a quarter of a mile of the Shore, and a fryar and 4 Negro'sgetts ashore uppon a Planck and takes to the woods, but some staied onborde the barque. Capt. Batt. Sharpe in a man of war cannoe followsthem and come upp with some of them ashore. We found nothing butt alittle Plunder. Their letters of advice thay had hove over borde, buttthey confest their was advice bound up to Yakell to give notice thatwee weir in the gulph of Dulcey acleaning our shipp and acasting ofgreate gunns, as they heard. These Prisnars give us advice of a newVice Roys comeing out of olde Spaine to Puerta Vella, and was comeover land to Pennamau, and a greate Shipp lay their of 14 gunns totake him in. [79] thay told us thay had aboundance of riches with him;wee tolde them when wee had cutt their mane mast by the borde and sentthem to Pennamau, that we lay waiteing for him and bid them tell theVice Roy soe when they came to Pennamau. We cruises for more purchaseand about 12 leagues from the cape, in a drisly misty morning, a mangoeing to toppmast head saw a saile under our Lee, which wee madesaile to and come upp with her; we fired severall small Armes beforethey called for quarter, butt calling, was presently granted and not agunn fier'd. Her capt. Was short downe in takeing of her. We found Shewas a shipp bound for Pennamaw, came downe from Lymmo loden with wineand brandies, but very little plate, 700 piggs of Peuter, which wethought was silver, found to the contrary. [80] we now Resolveing togoe about this year if Pleasd God, we tooke out of her 700 Jarrs ofwine, about 100 Jarrs of brandy, to serve us homewards, and had ittnott beene for thiss wine and brandy was Impossible to have subsisted. We cutt thiss shipps maine mast by the bord and sent her afore thewind to Pennama. Wee kept about 18 Negroes and Indians to wash andpump our shipp. Thiss last priz gave us full information of theArmado, which was to sayle from Lymmo, about 17 sayle of Shipps. The15 day of September 81, wee turnd alonge shore as high as capeBlanco, [81] and then haveing a trew traid winde att S. S. E. And S. E. And b. S. , sometimes South East, we all concluded to make the best ofour way out of these seas; we haveing gotten ii hundred Peices ofEight a man in mony and Plate uppon Equall shairs, tho' itt was someof our fortune to loose our Voyage by Play afterwards; which thosethat were the winners to have the more. Wee had the winds most attS. E. And b. S. And S. S. E. And S. E. Wee stood of to sea, steming S. W. And b. W. And S. W. , commonly makeing a West 35° southerly way, saylingafter the rate of 5 or 6 leagues a watch. Fine moderate windes andfair weather. We found a currant sett here to the S. W. Quarter. Westands up to Payta, which is about 13 leagues to the Southwards ofcape Blanco, and in so. Lattd. 5°. Wee wear minded to take itt, buttthe fryar and fower Negro's, which made their Escape out of the littleBarque we tooke under the Shore, had gott before us, and sent to everysea porte towne to give them notice that we wear a comeing to windwardas fast as we could, so on a Sunday Morning our capt. Sharpe, withabout 36 hands, went to land att Payta, butt found itt so well lynedwith men that thay durst not adventure On itt, but come back againe, resolveing to live on bread and water till such time as could bebetter supplied, concludeing that our wine and brandy would keepe usalive. Wee now makes no more tacks alonge shore, but stands closehal'd on a boleing to sea, [82] about 670 leagues due West from Payta, till we come up to 33 So. Lattd. Ther we had variable winds. Wee hal'sin for the shore, getting our Larbord tacks on borde, the wind comeingout at N. W. In that quarter that wee could not fetch the Keys of JuanFernandus, wheir wee Expected to Recruit with fresh goates and water, and to have faught[83] off our Musketa-Indian we left their the timebefore, but we getting to the Southwards of these keys, and the windscomeing out for Northerly, was forced to ply to the Southward, andthen wee had Some raines, which from 7° So. Lattd. Till you come to28° So. Lattd. , is never no raine by the Spaniards report nor sincethay have inhabited the cuntry, which hath been about 180 years; yettvery good Corne growes, and all sorts of Herbs and graine, but thay[have] Extreeme dues. Wee stands still to the Southward, and haveingnow great variation, 13 or 14 degrees, we wear very Exact in takeingAmplitudes, [84] to be the more Sattisfied in thick weather of our truecourse made. Wee stood to the S. E. And S. E. And B. S. 700 leagues, andabout 3 aclock in the Morning the watch saw breakers very near usunder our Lea. It blew hard, that 2 nights before we had handed[85]our topp sailes, and went under a pair of Coarses and our mizon. Weewear gott now up to 50° 8´ So. Lattd. Itt being a little light, beforeday wee saw the land plaine. Wee heaved out our topp sailes reeved andmade shift to weather all the breakers, and when twas day we discrieda place between 2 keys which we concludes to beare up to see if weecould finde any good Anchoring and saife rideing till twas a littlelater in the year. Twas very colde heare, much raine, The Hills coverdwith Snow. Wee went in along the key side about 4 leagues and saw avery convenient cove. Wee came to an Anchor the 3d of November, thinking to stay hear till the weather was a little warmer. The firstnight we lost one Anchor, the Cable being Very bad. We warped andtowed into another Cove, lieing a little more to the Southwards, thewind blowing N. N. W. Wee gott the ends of all our cable and Hassers andmade fast ashore to the trees; yett all would Hardly doe, for when itblew hard, our cable would give way and our shipp in dainger ofdriveing ashore, which if had we should lived like Heathens amoungethe Savage Indians, and never have come to rights, but we spliced andStrengthend our cables what we could and with much difficulty madethem hold out. The 21 day of november 81 wee putt out of thiss placeto sea. Wee lay here about 22 dayes, feadeing most on lempotts[86] andMussles, which wee gatherd of the rocks and makes very good foode. Ourwine and brandie was a greate Help to us thiss cold weather. Clothingwee had good Store. Some times we gott a Penguine, which are plenty inthese streights, which are as greate as a goose, but cant fly, haveingon their winges onely stubbs of feathers. Hear we saw a fier and madeto itt, wheir we saw an Antient Indian, and a younge fellow and awoman Indian, which had about their bodies a Seale Skinn to keepe themwarme. Thay saw us and rann away, but we over tooke the younge fellow, which tooke to throwing of Stones. The olde man tooke the water andwas so cunning in diveing that our Peopple could not gett him, so theyshott him in the water. The woman gott away from us the next day. Oneof our cannoes went downe to this place againe, and carried the Indianthat was taken alonge with him, which Indian carried our peopple tothre or 4 wigwams, wheir was fier, but could see no peopple. Thefellow cald in their Speech but none appeard, he makeings signes thatthay weare greate tall men with longe beards. [87] when our peopple sawnone came, thay returned to the cannoe, carying this Indian fellowwhich was very unwilling to goe but Strugled to gett away, twas asmuch as 3 or 4 of our men could do to binde him, and force him downeto the cannoe, His strength was so greate. Wee doe Imagin that heremay be some Spaniards which formerly have been cast away; for to theSouthwards about 4 legs when wee came out with our Shipp we saw tovery greate fiers but wear la'ft [_sic_] to see what thay weir, butwent to sea, stearing away S. W. And B. S. And S. W. The winds weir veryhard att N. W. We went under a pair of courses, haveing no observationin 3 days after wee came out of these Lempot keys, wee stearing as farto the westwards for fear of the Island called the 12 Appostle and 4Evangelist[88] takeing of us upp, which lieth att the entring of theStreight mouth. The currant setting to the westward out of theStreights, satt us by Judgement 25 leagues off shore and when weobserved we weir in the lattd. Of 55° 30´, the wind being no[r]therly, and wee so to the Southwards of the Streights could not gett to theNorthwards againe, but the capt. And Master, with advice of someothers, concluded to goe about terra fuega, [89] and so to goe throughthe New Streights, the Streights of Maria, which wee had a Journall of2 Brothers called by name Noddles, which was about 65 years agon sentout to discover these parts of the world, [90] which thay gavedescription that thay went about terra Fogoe through thiss Streight ofMaria and weatherd Terra Fogoe, and went downe the west side, and randowne to the Northwards, and entred the Streight of Magelena, and camethro' into the North Sea, wheir he speakes of aboundance of thosebirds called Penguins, whear thay laded, bold with them. [91] wee hadvery colde weather and about the 3 of december wee passed a cape, called cape Frea, lieing to the South of Terra Fogoe, in the lattd. 59° 30´ South. [92] wee finde here about 4 degrees variation, but downein 35 and 40 wee had 11 and 12 and 13 degrees variation. Wee weirsomething fearfull of Halling to close into shore, being notacquainted did not know what danger might be, yett would verywillingly have save [seen?] the Land, that wee might have beene thebetter satisfied where we weir. Twas very thick weather, that weecould seldom take an observation. We Indeavord to make the Cape Hornebut we weir gott so far to the Southwards. [93] Yett we beleive we weirnot very farr off shore, for we had thousands of birds about us. The 9day of December we had a good observation and found our selves to bein South lattd. 58° 5´. We had the winds att N. E. And N. E. And b. N. , fine handsome topp saile gailes, sometimes a shower of Snow andSleete, but miserable colde. Now our wines and brandy stand us ingreate Steade and is the thing under god that keepes us alive. Westands to the Southward, haling S. E. And S. E. And B. E. After wee hadour last observation, which was 58° 5´, when we thought by our Deadreconning that we weir in the lattd. Of 60 or better, wee Steerd awaydue East. [94] we had but little Night, the Daylight was hardly shettin att all. We standing to the Eastwards saw 3 or 4 greate Islands ofIce and Snow, as we thought, of a good high and very colde about them. From this Cape their are lying 3 or 4 Islands called the Berlingos, which I am to think are those wee tooke to be the Islands of Ice, forthay are all kiver'd with Snow, and the Burlingos lyeth by the globein the lattd. Of 59° 00´. [95] One Night as wee weare getting about theland, some men gott merry, Especially the capt. And his Mess, whichcaused some words to arise between the capt. And Some of the company, in so much that thay fell to blowes, but the capt. Runns into hiscabbon and fetches out a Pistoll laden, and comeing to one of OurPeopple, by name Richard Hendricks, fier'd itt off as he thought atthis Head, but itt pleased god itt mist his head and grased on hisneck. The next morning wee found the shott placed in one of the DeadEyes of the maine shroudes, which was but Jus[t] behinde him. Thecapt. Thought he had kil'd the man, cryed out, "Armes, their was onedead, " and he would have kill more, which cabbon mess ran and fetchedtheir Armes forthwith, and those that weir awake, was fetching theirslikewise, which had not been soberer then others and more discretionin them Sharpe had certainly been kill'd. It had likt to have been abad buisness, but when the[se] things came to an understandings Allwas husht upp, Especially findeing the man was not so much hurt as weedid suppos and was cured in a weeks time. Well, we stears away East, till we thought we Had Easting enough to enter the Streights of Maria. Now we begins to Hall to the Norwards E. N. E. , and by observation takenwe found our selves to be gott to the norwards into 57° 8´. Then wehalls away N. E. And about 4 days after had another very goodobservation. Then we found our Selves to be in 50° So. Lattd. Shott tothe Norwards of these new Streights, doubled about all the Lands;aboundance of birds attends us Still. Wee are now gotten to theStreights Mouth of Magelen, the North side. Wee had good Fresh galesatt N. W. And S. W. , the winds very variable. We runing into hot weatherto the Norwards and halling about Terra Fogoe to the Eastward weefound a greate Currant to the E. N. E. Wee weare farther off Shore thenwee Expected, yett wee hal'd away N. E. , hopeing that off of Brazill weshould meete with English, Dutch or Portugeez, to hear how ourbuisness was discourst of att home and to buy a little Provision ofthem. We hal'd away N. E. Till we came downe into 14° No. Lattd, [96]that we would be sure to carry itt about a shoale which lieth a littleto the Norwards of Cape Toms, [97] lying in South lattd. 22° 50´. Wewear more to the eastward then we Expected. By our Runn afterward wefound wee weir 170 leagues to the eastward then we Judged our selvesto be. In this lattd. We had very Easy topp saile gailes of wind, andmostly att E. And E. N. E. And sometimes att E. S. E. , but very seldomcomes to the southward of the S. E. Att this time of year, Except ittbe in a Turnado. We carried what saile we could, being willing to beon land. After we gott into 13° So. Lattd, we steard more westerly, N. And N. And b. W. , till we comes into the lattd. Of 8° 20´, the lengthof cape Augusteene, [98] then hald away N. N. W. And N. W. B. N. Till wecome into the lattd. Of Barbados, and run down into 13° and 5´, [99]keepeing a good lattd. For to see the barbados. Wee ran about 12 or 13days in the latt. Our Reconing was out 5 or 6 dayes before we made theLand, [100] and about 3 a clock in the morning about the 12 offeb. [101] the Master cal'd out Land. Wee saw twas Barbados, and whichwas comfortable to us all to have so good a land fall. We went downethe N. E. Side, luffing upp for spikes rode, [102] wheir we saw shippingride. The _Richmans_ Pinnas [_omission_] and haled us. We lay by anddisputed with them, desiering them to come on borde, but thay wouldnot. Thay askt us if we would not goe into an Anchor. We told them asfarr as wee knew wee would, but thay being soe cautious how thay cameon borde Putt us into many thoughts what to doe. Wee consciderd, thathere was one of his Majts. Shipps, and wee could not hear how itt waswith other Nations, wheather itt was Warrs or Peace, so that we threwthe Helme a weather, throwing out topp gallant Sailes, studing saylesand all the sayles we could make, and Steard for the Disiada[103]which we made plaine and so went downe to Antigua. Their wee saw a flybote att Anchor, wheir we sent our man of warr Cannoe ashore to buysome provissionns. When thay came in thay found itt calledFalmouth. [104] wee Supplied our selves hear with one or two dayesprovission. One capt. Burroughs, understanding we wear in want, cameon borde of us and after went away with one Cook, our Master, to thegovernor of Antigua[105] for liberty to come in. We next morning hadthe mate of a Shipp which lay att the olde rode to carry us as closein as he could for which he was very well sattisfied. Wee could nothave any permission to come in, neither any deniall, but after somecommanders of March't-men came on borde and desierd our Capt. To goefor England, he was easy perswaided, thay telling him twould be themakeing of him; so he came on the deck and bid Every man shift forhimself, for he would goe for England himself; upon which every manpackt upp whatt he had, some for olde England, some for Jamaica, otherfor New Engl. Everyone tooke his way, onely 7 men abord that had losttheir Voyage, [106] so the capt. And Company thoug[ht] good to givethem the shipp and what was in her. Thay thought good to goe downe totheir commission Port, Petit guavos, [107] but the Shipp was so crewellleakey, that thay hardly have the Patience to keepe her above water toSt. Thomases, [108] haveing but 7 hands on borde, and a shipp giveingchace to them so that thay loosed all their saile, and was much puttto itt for the hands, but comein a brest of St. Thomases saw theHarbor very Plaine, and to be sure we went into a small Harbor a mileto leeward of the Fort. We wear tolde att Antegua that thiss was afree Port for Eight years, which we found to be so. [109] the governorgave us Liberty to come in, and the next day sent out hands to bringus in to the right harbor, under Commd. Of the forte. The next day ourcable brake and she drave ashore; but not being willing to loose her, gott her off with one Anchor and cable off, and one end of a cableashore, and so gott her into the Soft woose, [110] because wee wouldnot be att the charge of Negro's and to pumpe her. Thus the good shipp_Trinity_, which was Built in the South Seas, ended her Voyage, andthrough the Blessing of god brought us amounge our Cuntry men againe, and thiss being what I can think on att present, being the trueactions of our Voyage as near as I can Remember, my Jornall beingdetained att St. Thomases and lost. [111] The Lord be praised for allhis mercyes to us. _Finis. _

[Footnote 7: Cassava. ]

[Footnote 8: Wafer, pp. 153-154, who lived four months among theseIndians, describes their method of making "corn drink. " "It tasteslike sour small Beer, yet 'tis very intoxicating. "]

[Footnote 9: The river was that which is now called Chucunaque. ]

[Footnote 10: Some affluent of the Chucanaque. ]

[Footnote 11: Cartridge. ]

[Footnote 12: Still so called. It lies some 15 or 20 miles north ofthe gold mines of Cana ("the richest Gold-Mines ever yet found inAmerica", says Dampier) and from the Cerro Pirre, whence Balboa firstlooked at the Pacific, "Silent upon a peak in Darien. "]

[Footnote 13: The Tuira, into which the Chucunaque flows at thispoint. ]

[Footnote 14: Calabash, gourd. ]

[Footnote 15: Isla Iguana?]

[Footnote 16: Isla Majé?]

[Footnote 17: Now the Pearl Islands, in the gulf of Panama, southeastof the city. ]

[Footnote 18: Perico, Naos, and Flamenco, three little islands lyingin front of Panama. ]

[Footnote 19: Sp. For soldiers. ]

[Footnote 20: Don Jacinto de Barahona, high admiral of the South Sea. ]

[Footnote 21: Don Francisco de Peralta. The escape of his vessel fromMorgan's men in 1671, bearing the chief treasures, is recounted inExquemelin, pt. III. , ch. VI. He was put ashore, later, at Coquimbo. ]

[Footnote 22: _I. E. _, flag-ship. It was probably the same ship, _LaSantissima Trinidad_, of 400 tons, in which Peralta had made hisescape nine years before. ]

[Footnote 23: Capt. John Coxon. ]

[Footnote 24: Error for April 26, 1688. ]

[Footnote 25: Lima. The 50, 000 pieces of eight (dollars, pieces ofeight reals) mentioned below were a consignment for expenses, sent tothe governor of Panama by the viceroy of Peru, Archbishop Don Melchorde Liñan. So we learn from an account of this whole raid along theSouth American coast, given by him in an official report, printed in_Memorial de los Vireyes del Perú_ (Lima, 1859), I. 328-335. ]

[Footnote 26: Guayaquil, in an attempt at phonetic spelling. ]

[Footnote 27: In modern phrase, southwest by west. ]

[Footnote 28: Coiba or Quibo is a large island off the south coast ofthe isthmus, about 150 miles west of Panama. ]

[Footnote 29: Rio Santa Lucía. The town is the present Remedios. ]

[Footnote 30: Mestizo, halfbreed, Spanish and Indian. ]

[Footnote 31: According to Ringrose, the ring came from the bishop, the challenge from the governor. ]

[Footnote 32: The Isla de Plata (Island of Silver) lies a few milesoff the coast of Ecuador, in 1° 10´ S. Lat. The Galápagos lie not 100but more than 200 leagues off the coast. ]

[Footnote 33: Gorgona, off the Colombian coast. ]

[Footnote 34: _I. E. _, when the ship had been careened she remained sofixed in that position that the men could not, by the breadth of oneof her planks, get her keel where they could work on it. ]

[Footnote 35: In other words, there was a tide of twelve feet. ]

[Footnote 36: End. ]

[Footnote 37: Isla del Gallo, in Tumaco bay. ]

[Footnote 38: _Cape_ San Francisco (about 50´ N. Lat. ) not an island;but Ringrose, p. 58, says, "At first this Cape appeared like unto twoseveral Islands". ]

[Footnote 39: This is no doubt legendary. Isla de la Plata means Isleof Silver. ]

[Footnote 40: Nearer 1° 12´ S. ]

[Footnote 41: Arica, a Peruvian town now occupied by Chile. ]

[Footnote 42: Guayaquil, in Ecuador. ]

[Footnote 43: Punta Santa Elena, 2° 10´ S. ]

[Footnote 44: Leagues. ]

[Footnote 45: Armadilla, a small armed vessel. ]

[Footnote 46: At Quito, probably. The viceroy-archbishop, _op. Cit. _, p. 332, calls the man Carlos Alem (Charles Allen, Charles Hall?). Besides the viceroy's circumstantial account of this fight at theBarbacoas, there is one in Dionisio de Alcedo's _Aviso Histórico_[_Piraterías y Agresiones de los Ingleses_] (Madrid, 1883), p. 158. ]

[Footnote 47: Payta, Peru, in 5° S. Lat. ]

[Footnote 48: Punta Aguja, 5° 57´ S. Lat. ]

[Footnote 49: Nearer 18° 30´. ]

[Footnote 50: Ilo. It was late in October, not early. ]

[Footnote 51: Mora de Sama. ]

[Footnote 52: Pedereros, small cannon. ]

[Footnote 53: Magellan. The temporary capture of Ilo is omitted. ]

[Footnote 54: Coquimbo, Chile, in 30° S. Lat. Ringrose, pp. 107, 111, gives plans of the town and the harbor. ]

[Footnote 55: Excepting. ]

[Footnote 56: Juan Fernandez. A Spanish pilot of that name discoveredthe islands in 1563. Our buccaneers sighted them on Christmas eve, 1680. ]

[Footnote 57: The eastern is called Mas-á-tierra ("nearer the land"), the western Mas-á-fuera ("farther out"). The distance between is about100 miles. ]

[Footnote 58: John Watkins. The new pirate chief had severe principlesas to the Sabbath. "Sunday January the ninth [1681, three days afterhis election], this day was the first Sunday that ever we kept bycommand and common consent since the loss and death of our valiantCommander Captain Sawkins. This generous spirited man [Sawkins] threwthe dice over board, finding them in use on the said day. " Ringrose, p. 121. The Spanish accounts call the new captain Juan Guarlen. ]

[Footnote 59: This was a Mosquito Indian named William. A precursor ofAlexander Selkirk, he lived alone upon the island for more than threeyears, till in March, 1684, when Capt. Edward Davis, in the_Batchellor's Delight_, in his voyage from the Chesapeake, touched atthe island. William Dampier and several others of Captain Sharp's crewwere now with Davis. They bethought them of William, and found andrescued him. Dampier, _New Voyage_, I. 84-87, describes theCrusoe-like expedients by which the ingenious William maintainedhimself. He was not the first precursor of Selkirk on the island, forRingrose, p. 119, says that the pilot of their ship told this presentcrew of buccaneers "that many years ago a certain ship was cast awayupon this Island, and onely one man saved, who lived alone upon theIsland five years before any ship came this way to carry him off. "Several of Davis's men lived there three years, 1687-1690. Selkirk'sstay was in 1704-1709. ]

[Footnote 60: Iquique. ]

[Footnote 61: Barros Arana, _Historia Jeneral de Chile_, V. 204-205, points out the impossibility of such numbers. ]

[Footnote 62: Sp. _lingua_, language. ]

[Footnote 63: In better Spanish, "Valientes soldados, buen valientessoldados", _i. E. _ "Valiant soldiers, very valiant soldiers". ]

[Footnote 64: Ilo, between Islay and Arica. ]

[Footnote 65: Choros bay must be meant. The present Obispo lies toofar north, and was not named till 1709. ]

[Footnote 66: Ringrose identifies this bay and river with the bay andriver of Loa, on the Chilean coast, the bay in 21° 28´ S. Lat. ThatDrake landed there, in his voyage around the world, in January, 1579, we know from the narrative of Pedro Sarmiento de Gamboa (Mrs. Nuttall's _New Light on Drake_, p. 80), but the story of the chapel isof course legendary. ]

[Footnote 67: Water-barrels, Middle Dutch _bommekijn_, a littlebarrel. ]

[Footnote 68: Truxillo, in Peru. The islands may have been the Lobos. ]

[Footnote 69: Monte Christi, in Ecuador. The secession occurred onApril 17, 1681. Dampier and Wafer were in the seceding party, whichmade its way to the isthmus of Darien and so across to the Caribbeanand home, or to Virginia. ]

[Footnote 70: Isla de Caños, in Coronada Bay, off the coast of CostaRica, and some 300 miles west of Panama. ]

[Footnote 71: Golfo Dulce, where the coast of Costa Rica begins. ]

[Footnote 72: The gulf of Nicoy lies near the western end of the CostaRican coast. The island was Chira. ]

[Footnote 73: It does not appear that there was in Costa Rica at thattime any town of such name or size. ]

[Footnote 74: Under this strange name is disguised Jacobus Marques, aDutchman skilled in many languages. _The Voyages and Adventures ofCapt. Barth. Sharp_, p. 80, says that he "left behind him 2200 _ps. _8/8 [pieces of eight, dollars] besides Jewels and Goods". "Copas" isfor Jacobus. ]

[Footnote 75: Barcalongas. See document 44, note 25. ]

[Footnote 76: Colors, flags. ]

[Footnote 77: Prizes or booty. ]

[Footnote 78: Cabo Pasado would seem to be indicated, but that is in20´ S. ]

[Footnote 79: Don Melchor de Navarra y Rocaful, duke of La Palata, prince of Massa, viceroy of Peru from 1681 to 1689. He did not arrivein Lima till November. His predecessor the archbishop took greatprecautions for his protection against these pirates. _Memorias de losVireyes_, I. 336-337. ]

[Footnote 80: The ship was the _Rosario_, the last considerable prizetaken by these buccaneers. See document 46. The story of the 700 pigsof pewter is told in a much more romantic form by Ringrose, p. 80, andby the author of _The Voyages and Adventures of Capt. Barth. Sharp_, p. 80. According to them, the pigs were thought to be of tin, and onlyone of them was saved, the rest being left in the prize when she wasturned adrift. Later, when Sharp's men reached the West Indies, ashrewd trader there, perceiving this remaining pig to be silver, tookit off their hands, and then sold it for a round sum; whereupon deepchagrin fell upon the pirates, who had duped themselves by abandoninga rich cargo of silver. It will however be observed in document 46that Simon Calderon, mariner, of the _Rosario_, speaks of the pigs aspigs of tin. A mass of sea-charts taken from the _Rosario_ isnow--either the originals or copies by Hacke--in the British Museum, Sloane MSS. , 45. ]

[Footnote 81: About 4° 18´ S. Lat. , at the beginning of the Peruviancoast. ]

[Footnote 82: _I. E. _, they sailed up into the wind. So strong a windblows up the coast, that the best way to sail from Peru to southernChile is first to sail westward far out into the Pacific. It was JuanFernandez who discovered this course. ]

[Footnote 83: Fetched. ]

[Footnote 84: Distances, in degrees on the horizon, between east orwest and the rising point of a star. By amplitudes, east and westcould be fixed when the variation of the compass from true north andsouth was doubtful. ]

[Footnote 85: Furled. Courses are the lower sails. 50° S. Lat. Is thelatitude of the gulf of Trinidad. To the island by which they anchoreda little farther south, as described below, they gave the name of Dukeof York Island, after their king's brother James; this name it stillbears. ]

[Footnote 86: Limpets. ]

[Footnote 87: But all observers of the Patagonian Indians, fromPigafetta, Magellan's companion, to recent times, describe them ashaving little hair on the face, and accustomed to remove that little. Ringrose, p. 183, gives the same report as our writer. ]

[Footnote 88: These rocky inlets lie between 52° and 53° S. Lat. , thefour Evangelistas just to the north of the western entrance into theStrait of Magellan, the twelve Apóstolos just to the south of it. ]

[Footnote 89: Tierra del Fuego. By "Streights of Maria" the writermeans the Strait of Le Maire, outside Tierra del Fuego, and between itand Staten Island--a strait discovered by Schouten and Le Maire in1616, when they also discovered and named Cape Hoorn (Horn). ]

[Footnote 90: He means Bartolomé and Gonzalo Nodal, who, under ordersfrom the king of Spain to follow up the discoveries of Schouten and LeMaire, made in 1619 the first circumnavigation of Tierra del Fuego, sailing southward, westward past Cape Horn, northward, then eastwardthrough the Strait of Magellan. The book referred to as possessed bythe buccaneers is the _Relacion del Viaje que . . . Hizieron losCapitanes Bartolome Garcia de Nodal y Gonçalo de Nodal hermanos_(Madrid, 1621), of which a translation was printed by the HakluytSociety in 1911, in Sir Clements Markham's _Early Spanish Voyages tothe Strait of Magellan_. ]

[Footnote 91: _Relacion del Viaje_, p. 48; Markham, p. 256. ]

[Footnote 92: The date is wrong, and there is no such cape. ]

[Footnote 93: Cape Horn is in 55° 59´ S. Lat. ]

[Footnote 94: Under date of November 17, 1681, the _Voyages andAdventures of Capt. Barth. Sharp_ says, p. 103, "We find by thisobservation, and our last 24 hours run, that we have been furtherSoutherly by almost two Degrees, than our computation by deadreckoning makes out, and by many Degrees, than ever any others havesailed in that Sea, that have yet been heard of: for we were at about60 Degrees South Latitude". ]

[Footnote 95: Probably it was icebergs they saw. The Nodal brothers'_Relacion_, which they seem to have been following, mentions, p. 37vo. (p. 245 of Markham), northeast of Cape Horn, "three islands whichare very like the Berlings"; but these are the Barnevelt Islands, inabout 55° 20´ S. Lat. The original Berlengas are a group of rockyislands, well known to navigators, off the coast of Portugal. ]

[Footnote 96: Error for 24° S. , apparently. ]

[Footnote 97: Cape Sao Thomé, one of the southeast capes of Brazil. ]

[Footnote 98: An east cape of Brazil, Cape Sao Augustinho. ]

[Footnote 99: 13° 5´ _north_ latitude. ]

[Footnote 100: Navigators of that time could determine latitudesalmost as accurately as it is now done, but they had very imperfectmeans of determining longitudes. These pirates, of course, had nochronometer. The best they could do was to keep account each day ofthe courses and estimated distances that they sailed, to reduce thisto numbers of miles eastward and westward in different latitudes(their "eastings" and "westings"), measured from their last knownposition, Duke of York Island, and from these computations to deducetheir probable longitude. It appears from Ringrose's fuller statementsthat they were several hundred miles out of their reckoning when theysighted Barbados. ]

[Footnote 101: January 28, 1682, according to the other accounts. ]

[Footnote 102: Speight's Bay, on the northwest coast of the island. Bridgetown, where the chief harbor or roadstead lies, is at thesouthwest, and H. M. S. _Richmond_, which the pirates rightly viewedwith apprehension, lay there; she had gone out to Barbados in 1680. ]

[Footnote 103: Deseada, or Désirade. ]

[Footnote 104: Falmouth is on the south side of the island ofAntigua. ]

[Footnote 105: Lt. -Col. Sir William Stapleton, governor-in-chief ofthe Leeward Islands 1672-1686. The pirates sent a valuable jewel tohis wife, but he caused her to return it. As to those who sailed forEngland, as related below, (Sharp himself included), "W. D. " reports, pp. 83-84, "Here several of us were put into Prison and Tryed for ourLives, at the Suit of Don Pedro de Ronquillo, the Spanish Embassador, for committing Piracy and Robberies in the South Sea; but we wereacquitted by a Jury after a fair Tryal, they wanting Witnesses toprove what they intended. . . . One chief Article against us, was thetaking of the _Rosario_, and killing the Captain thereof, and anotherman: But it was proved the Spaniards fired at us first". ]

[Footnote 106: _I. E. _, they had gambled away all their share of theplunder. ]

[Footnote 107: Petit Goave in Haiti. ]

[Footnote 108: The Danish island lately acquired by the United States. The harbor and fort referred to are those of Charlotte Amalia, thelatter completed in 1680. The small harbor a mile to westward wasGregerie Bay. ]

[Footnote 109: The allusion is apparently to the mandate of the DanishWest India Company, February 22, 1675, described in Westergaard, _TheDanish West Indies under Company Rule_, pp. 43-44. The governor, nextmentioned, was Nicholas Esmit [Schmidt?], a Holsteiner. On St. Thomasas a refuge of buccaneers, neutral to Spanish-English-French warfareand jurisdiction, see _ibid. _, pp. 47-58. Professor Westergaard, p. 48, quotes from a letter of Governor Esmit, May 17, 1682, in theDanish archives at Copenhagen, regarding our seven remaining pirates:"There arrived here February 8 a ship of unknown origin, some twohundred tons in size, without guns, passport, or letters, and withseven men, French, English, and German. On being questioned theyreplied that they had gone out of Espaniola from the harbor of PetitGuava with two hundred men and a French commission to cruise on theSpaniards. . . . [Summary of adventures on the Isthmus and in the SouthSea. ] I bought what little cacao they had; the rest of their plunderthey brought ashore and divided among our people. The ship was nolonger usable. I have decided not to confiscate it, in order to avoidany unfriendliness with sea-robbers. The inhabitants of St. Thomashave decided that the said seven men shall remain among them". Later, Captain Sharp himself came and spent his last years at St. Thomas. ]

[Footnote 110: Ooze. ]

[Footnote 111: This sentence sounds as if our narrator, himself one ofthe seven, had finally reached England or Jamaica. If so, he was morefortunate than some of the others; see the next document. ]

_46. Sir Henry Morgan to Sir Leoline Jenkins. March 8, 1682. _[1]

[Footnote 1: Public Record Office, C. O. 1:48, no. 37. The writer, lieutenant-governor of Jamaica from 1674 to 1688, and at the time ofwriting acting governor, was the same Henry Morgan who in earlieryears had been the most famous of buccaneers, capturing Portobello in1668, Maracaibo in 1669, Panama itself in 1671--wonderful exploits, carried out with great bravery and cruelty. Now he is governor, holdspiracy in abhorrence, and is determined to suppress it! It must beremembered, however, that his own exploits were carried out undercommissions from proper authority, and legally were not piracy. Hiscorrespondent, Sir Leoline Jenkins, for twenty years judge of the HighCourt of Admiralty, and at this time also secretary of state, was oneof the most learned admiralty lawyers England ever produced. Morgan'sview of his own competence as admiralty judge in his colony is givenwith engaging frankness in a contemporary letter: "The office of JudgeAdmiral was not given me for my understanding of the business betterthan others, nor for the profitableness thereof, for I left theschools too young to be a great proficient either in that or otherlaws, and have been much more used to the pike than to the book; andas for the profit, there is no porter in this town but can get moremoney in the time than I made by this trial. But I was truly put in tomaintain the honour of the Court for His Majesty's service. " _Cal. St. Pap. , Col. _, 1677-1680, p. Li. ]

_May it Please your Honour_

Since I in obedience to his Majesties commands caused the ThreePyrates to be executed, The whole party which these two last yeareshave molested the Spaniards in the South Seas are by the help of aSpanish Pilote come about to the windward Islands; Sixteen whereof aregone for England with Bartholemew Sharpe their Leader, the rest are atAntegoe and the Neighboring Islands, excepting four that are comehither, one whereof surrenderd himself to me, the other three I withmuch difficulty found out and apprehended my self, they have sincebeen found guilty and condemned. He that surrendred himself is like asinformer to obtain the favour of the Court. One of the condemned isproved a bloody and Notorious villain and fitt to make an exemple of, the other two as being represented to me fitt objects of mercy by theJudges, I will not proceed against till his Majesties furthercommands; and am heartely glad the Opinion of the Court is soefavorable, I much abhorring bloodshed and being greatly dissatisfyedthat in my Short Government soe many necessities have layn upon me ofpunishing Criminels with death. The passage of these people isextraordinarily remarkable, for in litle more then four monthes theycame from Coquimbo in Peru five degrees South Latitude, to Barbados inthirteen North. 

Our Logwoodmen have lately had eight of their Vessels taken from themand their people carried away prisoners, their usage appears by theinclosed Petition. I am informed that in the Havana, Merida and Mexicomany of his Majesties Subjects are prisoners and the Spanish Pylottthat brought the People about (who is here) tells me That Sir JohnNarborow's Lieutenant and nine or ten others are at Lima in Perua. [2]they are all great objects of mercy and Compassion, therefore I hopeyour Honour will not bee unmindful of them. . . . [3]

HEN. MORGAN. 

ST. JAGO DE LA VEGAthis 8th of March 1681-2. 

[Footnote 2: Sir John Narbrough (1640-1688), afterward a celebratedadmiral, had in 1669-1671 voyaged to the South Sea, as a younglieutenant, in command of the _Sweepstakes_; in Valdivia bay theSpaniards had seized two of his officers, and, it seems, stilldetained them. ]

[Footnote 3: The rest of the letter relates to quite other matters. ]

_47. Deposition of Simon Calderon. 1682. _[1]

[Footnote 1: Public Record Office, C. O. 1:50, no. 139. ]

Relation of the South Sea men. 

Simon Calderon, Natural de Santiago de Chile, Marinero de profession, yendo del callado a Panama en el Navio llamado el _Rosario_, cargadode Vinos, aguardientes, estaño en Barras, y cantidad de Patacas, conbeynte y quatro Hombres pasageros y todo, encontraron en la punta deCabo passado como a la mitad del Camino, al navio de la _Trinidad_ yle estimaron como de Espagnoles, pero luego que reconocieron ser dePiratas, procuraron ganarle el Barlavento, lo qual ganaron losPiratas, y luego empezaron a tirar mosquetarias, y de las primerastres cargas mataron al Capitan del _Rosario_, que se llamaba JuanLopez, y hizieron otras y apresaron el navio y sacaron con las favastodo lo que les parecio necessario del Vino y aguardientes y toda laplata y demas que havia de valor, y dieron tormento a dos Espagnolespara que descubriessen si havia mas plata y curtaron velas y Jarzias, menos la mayor, y alargaron el Navio con la gente menos cinco o seys, que trageron consigo y entre ellos el declarante. 

De alli hecharon a la Isla de la Plata, donde estubieron tres dias ymedio refrescando; y sospechando que los prisioneros se querian alzarcon el navio mataron a uno y castigaron a otro; y de alli a Payta endonde hecharon dos canoas a tierra con treynte y dos hombres armadoscon animo de ganar a Payta, y hallando resistencia se bolvieron alnavio; de alli Tiraron al estrecho de Magallanes; pero no passaron porel, sino al redidor de la ysla del fuego que estava como seys a ochodias apartada del estrecho de Magallanes, este estrecho del fuegotardaron en pasarle hasta entrar en el mar del Norte cosa de nuebeDias. Llegaron a Barbadas donde por haver encontrado un navio del Reyde Inglatierra no se atrevieron a entrar. 

En el camino dividieron la présa y tocó a quatrocientos pesos a cadauno de sesenta y quatro personas. 

De Barbadas fueron a Antica donde fueron recividos sin hacerlesmolestia, antes buen acostimiento y de alli se dividieron unas aNiebes en una balandra, otras como diez y ocho de ellos a londres enel navio cuyo Capitan se llamaba Portin, otros ocho que erran losprincipales se uieron en el Navio llamado la _Comadressa Blanca_ o cuiWihte, su Capitan Charles Howard, dos de ellos que eran losprincipales cabos se llaman el Capitan Sharp, y el otro Gilbert Dike, y a este declarante le dexaron en Plymuth. 

Los demas testigos dicen tambien haver oydo que estos Piratas andancomprando aora un Nabio para bolver a haçer el mismo viage o continuaresta pirateria. 

_Translation. _

Relation of the South Sea Men

Simon Calderon, native of Santiago de Chile, mariner, going fromCallao to Panama in the ship called the _Rosario_ laden with wine, brandy, pigs of tin, [2] and artichokes, with 24 passengers and all, they met off Cabo Pasado, about halfway in their voyage, a ship, the_Trinidad_, and supposed it to be Spanish, but when they perceivedthat it was a ship of pirates, they tried to obtain the weather-gauge, but the pirates obtained it, and then they began to fire musket-shots, and with the first three shots they killed the captain of the_Rosario_, who was called Juan Lopez, and fired other shots, andcaptured the ship, and took out with the hooks [?] all that theydeemed necessary of the wine and brandy, and all the silver and otherthings that had value, and tortured two Spaniards in order to learnwhether there was more silver, and cut down the sails and rigging, except the mainsail, and turned the ship adrift with the men, excepting five or six whom they took with them, and among others thedeponent. 

[Footnote 2: See document 45, above, note 80. ]

Thence they went to the Isla de la Plata, where they remained threedays and a half refreshing themselves, and suspecting that theprisoners were planning to rise and take the ship they killed one andflogged another; and thence they went to Payta, where they sent twocanoes ashore with 32 armed men, with design to capture Payta, butmeeting with resistance they returned to the ship. Thence they sailedaway to the Strait of Magellan, but did not go through it, but aroundthe Isla del Fuego, which was some six or eight days' distance fromthe Strait of Magellan. In making this passage of Fuego, to enter intothe North Sea, they were delayed some nine days. They came toBarbados, where, because of finding there a ship of the King ofEngland, they did not venture to enter. 

On the voyage they divided the booty and obtained 400 dollars apiece, for each one of 74 persons. 

From Barbados they went to Antigua, where they were received withoutinjury, but rather with good treatment, and from there they divided, some going to Nevis in a bilander, [3] others, some 18 of them, toLondon in the ship whose captain was called Portin, [4] and eightothers that were the principal ones fled in the ship called the_Comadressa Blanca_ (_White Gossip_), [5] Captain Charles Howard. Twoof them, that were the principal chiefs, were called, [the one]Captain Sharp, and the other Gilbert Dike; and this deponent was leftat Plymouth. 

[Footnote 3: A bilander was a small two-master, with the mainsail oflateen form. ]

[Footnote 4: The _Lisbon Merchant_, Captain Porteen. Ringrose, p. 212. ]

[Footnote 5: Or perhaps _Ermine_. ]

Other witnesses say, however, that they have heard that these piratesare now proceeding to buy a ship to return and make the same voyage orcontinue this piracy. 

THE _SALAMANDER_. 

_48. Petition of Paul Sharrett and Claes Pietersen. August 2, 1681. _[1]

[Footnote 1: Suffolk Court Files, no. 2031, paper 1. The story of the_Salamander_ is curiously interwoven with the early history of thePrussian navy, on which something has been said in note 1 to document43. The facts may be made out by a comparison of documents 48 and 49with data found in R. Schück, _Brandenburg-Preussens Kolonial-Politik_(Leipzig, 1889), I. 113-118, and in a monograph on "Brandenburg-Preussenauf der Westküste von Afrika, 1681 bis 1721", in Heft 6 of the_Kriegsgeschichtliche Einzelschriften_ of the German General Staff(Berlin, 1885), pp. 102-105. In the First Brandenburg-Prussian fleetthat ever sailed out of the Baltic (August, 1680), one of the sixfrigates was the _Churprintz_ (Kurprinz, Electoral Prince), 32 guns, Capt. Cornelius Reers, and there was a fire-ship, the _Salamander_, 2guns, Capt. Marsilius (or Marcellus) Cock; the captains were probablyall Dutch. The chief exploit of the squadron was to capture, in timeof peace, a ship of the Spanish royal navy, which thus became thefirst of the elector's ships actually owned by him. Then Reers and asquadron of four frigates and the _Salamander_ sailed to the WestIndies, and spent the winter of 1680-1681 in cruising against Spanishshipping, though with little success. If Samuel Button's story is true(document 48), it would seem that the original _Salamander_ must havebeen lost, and the _William and Anne_ substituted in its place andrenamed. The squadron got back to Prussia in May, 1681. ]

To the Honnorable Simon Bradstreet Esq. Governor, Thomas Danforth EsqrDept. Governor, and the Rest of the Honnorable Assistants to sitt inBoston on the 4th of this Instant August 1681 as A Court of Admiraltieor Assistants

The humble petition Libell and Complaint of Paul Sherrot Lift. [2] andCloyse petterson, Mate or Pilot of the Ship or prize called the_Salamander_, now belonging to the great prince the Duke ofBrandenburge, Burden one hundred Tonns or thereaboute, Loaden withBrandy and wynes--

[Footnote 2: Lieutenant. ]

Humbly Sheweth

That your Petitioner entering into the Duke of Brandenburgs serviceand pay this 14 of April 1680 or thereaboute, on A ship of warr called_Coure Prince_ belonging to the Said Duke, Cornelyus Reise Capt. AndComander, [3] and sayling then from Quinborough[4] to the West Indiesand at St. Martins in the West Indies tooke the above mentioned ship_Salamander_, Loaden as above, And put in Marcellus Cock Comander ofsaid Ship _Salamander_, and Paul Sherrot Leift. And Cloys PetersonMate or Pylot of said ship, to Carry the Said Ship home to Quinboroughto the said Duke, But the said Marcellus Cock, under pretence of wantof Proviscions and Leakenes of said Ship, brought her into Piscatuquaand there stayed about 3 months whiling away the time, and Repayringthe ship, And while there so cruelly beate twelve of the shipsCompany, at the Capston and otherwise, As made them weary of theirLives, that they could not stay but gott on shoar And left him, Loosing all their wages, except one, that the Capt. Turned a shoare, as he said for a Rogue, But the Governor of Piscataqua made the masterpay him his wages, And now after 16 monethes and a halfe soar service, ventering and hazarding their lives, After the Authoritie atPiscatuqua tooke notice of the said Capt. Cocks Long Stay, andConceiveing he Intended to sell the said Ship and deceive the Duke, ordering him to pay the said Sherret and Peterson our wages, [5] fellto threatening us first by turning the Pilot out of the Cabbin fromhis mess; and then swearing he would Pistoll the Leiften't and him ifthey came on board. 

[Footnote 3: Cornelius Reers, vice-commander of the squadron mentionedin note 1, appears later as governor of Arguin on the west coast ofAfrica, 1685-1690. Schück, I. 347, 350. ]

[Footnote 4: So the English then called Königsberg, capital of theduchy of Prussia. ]

[Footnote 5: The petitioners are following closely the language of thevote of the council of New Hampshire, by which it was ordered that theship should be taken to Boston for trial, and the mariners paid. _N. H. State Papers_, XIX. 677; July 11, 1681. "Governor of Piscataqua", _i. E. _, of New Hampshire, there was none at this time; they probablymean Maj. Richard Waldron, president of the council. ]

The premises Considered wee humbly Intreat your honours to make suchdue order And provision that the Duke be not Deceived of his the saydprize and that wee may have our full wages so dearly yearned and befreed as wee are and have been, from his the said Cocks Tiranicallservice; And yo'r Petition'rs shall forever pray etc. 

PAUL SHARRETT. CLAES PIETERSEN. 

This libell I Rec'd this 2d of August, 1681. 

EDW'D RAWSON, Secret. 

_49. Deposition of Samuel Button. August 11, 1681. _[1]

[Footnote 1: Suffolk Court Files, no. 2031, paper 8. ]

Samuel Button of Boston declareth concerning the Ship now called the_Salamander_ in this harbour, Marcellus Cock commander. That in Aprillast was twelve-months' hee was Shipped Carpenter of sd Ship at Londonthen called the _Wm. And Anne_, Anthony Thorne of London Commander, mr. George Trumbal of London being their Owner of sd. Ship. Wee Sailedwith sd Ship from London to Bilboa where wee cleered our foremast menand Ship't Biscayers in their steed and from thence Sailed to theCanary's, where wee loaded brandy and wines, and our sd master thereleft the Ship and our Mate mr. Christopher Johnson was put in master, all the English men being cleered from her but myselfe, wee beingbound for Carthagene, [2] from thence back to Canary's, so toCarthagene again and from thence to Canary's and from Canary's toLondon and proceeding on our voyage wee put in to Sta. Marke in thewest Indies[3] to water; where the Governour forced our Stay to convoya Galliote bound to Carthagene, and after wee had been two or threedayes in the Road, wee espied five Ships lying off and on by the spaceof two or three dayes. At length they sent in their pinace with Dutchcolours to the Gov'r to get liberty to wood and water, pretending tobe Dutchmen come to cleer the coast of privateers; upon which theGov'r granted them liberty to come in and the same day they came andanchored by us; they goeing ashore to the Gov'r acquainted him theywere of Middleborough, [4] Flushing, and Amsterdam (as I was informed)and rode with dutch colours abroad; after they had been there four orfive dayes wee coming to saile in the night, all being buisy, theylaid us on board. Wee demanding what they were they answered they wereFrenchmen; wee bad them keepe off, but they entring the Ship, the Ltt. Asked me if I was the Carpenter. I answered "yes, " hee said "that'sgood, you bee an Englishman. That doth no harme, " comanding me tokeepe upon deck, declaring himselfe Capt. Of the Ship, and when theytooke us they shewed no Colours but told me the next day they wouldshew me such Colours as I never saw, and then spread theirBrandenburgh Colours, putting our Supra Cargo and all the prisonersashore at St. Marke, onely Christopher Johnson a Dutchman our thenMa[ste]r and myselfe, whom they carried with them to Jamaica. Notbeing Suffered to Land any of their goods there, Sailed thence withthis Ship in Comp'y of our English Fleete, pretending they were boundwith her to the East Country, [5] putting our Master and myselfe onshore at Jamaica. 

[Footnote 2: Cartagena on the Spanish Main is meant; see below. ]

[Footnote 3: St. Marc on the west coast of Haiti, then French. ]

[Footnote 4: Middelburg in Zeeland. ]

[Footnote 5: Baltic lands. ]

Samuel Button deposed in Court that what is above written is the truthand whole truth to his best knowledge. 11th of August 1681. 

EDW RAWSON, Secret. 

THE _CAMELION_. 

_50. Agreement to Commit Piracy. June 30, 1683. _[1]

[Footnote 1: This very curious document (for one does not expect tofind pirates agreeing in writing to pursue a course of piracy) isfound embedded in one of the indictments in the case of the_Camelion_, in vol. I. Of the wills in the office of the surrogate, New York City, pp. 312-313 of the modern copy. Its presence amongwills requires a word of explanation. The governor of a royal colonywas usually chancellor, ordinary, and vice-admiral, and as such mightpreside in the courts of chancery, probate, and admiralty--courtswhose common bond was that their jurisprudence was derived from thecivil (or Roman) law, and not from the common law. Most of hisjudicial action was in testamentary cases. It was therefore notunnatural that the few admiralty cases and cases of piracy tried inthese early days should be recorded in the same volume as the wills, though distinguished by the simple process of turning the book end forend and recording them at the back. In this case the record beginswith our document 51; but the present document, copied into one of theindictments, is earlier in date. The substance of another pirates'agreement (Roberts's company, 1720, see doc. No. 117) is given inCharles Johnson, _General History of the Pyrates_, second ed. , pp. 230-232; another (Phillips's company, 1727, see doc. No. 120 and note10), _ibid. _, verbatim, pp. 397-398. ]

_June the 30th day, 1683. _ Articles of Agreement between us abord ofthe _Camillion_, [2] Nich. Clough Comander, that wee are to dispose ofall the goods thatt are abord amongst us, every man are to have hisfull due and right share only the Commander is to have two shares anda half a share for the Ship and home[3] the Captain please to take forthe Master under him is to have a share and a half. Now Gentlementhese are to satisfy you, as for the Doctor a Share and half, andthese are our Articles that wee do all stand to as well as on[4] andall. 

[Footnote 2: The _Camelion_ had in 1682 sailed for the Royal AfricanCompany to the slave-mart of Old Calabar on the west coast of Africa, thence with a cargo of negroes to Barbados, thence to Montserrat andNevis, thence in June, 1683, to London with a cargo. Off Nevis, June29, the crew took possession of the ship, then made this agreement onthe 30th, sold part of the cargo at the Dutch island of Curaçao, andbrought the vessel to Sandy Hook. For their trial, see the nextdocument. ]

[Footnote 3: Whom. ]

[Footnote 4: One. The larger shares for captain, master, and doctorwere in accordance with custom. Clough, the master, was forced to jointhe mutineers. ]

These are to satisfy you thatt our intent is to trade with theSpaniards, medling nor make no resistances with no nation that wee dofall with all upon the Sea. Now Gentlemen these are to give you noticethat if any one do make any Resistances against us one any factery[5]hereafter shall bee severely punish according to the fact that heehath comitted and as you are all here at present you have taken yourcorporall oath upon the holy Evangelists to stand one by the other aslong as life shall last. 

[Footnote 5: _Sic. _ They probably mean, on any pretext, or, on anyoccasion. ]

JOHN HALLAMORE. HENERY MICHELSON. The mark [Yt] of THOMAS ALBERT LASEN. DICKSON. The mark [SW. ] of SYMONROBERT COCKRAM. WEBSON. The marke of [X] JO. DARVELL. WILLIAM STROTHER. The marke of [X] ARTHUR DAVIS. EDWA. DOVE. The marke of [X] JNO. MORRINE. JOHN WATKINS. JOHN RENALS EDWARD STARKEY. The mark of [R] ROBERT DOUSIN. The mark of [/V] GEORGE PADDISSON. JOHN COPPING. [6]NICHO. CLOUGH. The mark of [_HL_] HENRYSAMLL. HAYNSWORTH. LEWIN. DANIELL KELLY. WILLIAM HEATH. JOHN GRIFFIN. 

[Footnote 6: Copping, it was testified, was the writer of thisremarkable agreement. ]

_51. Court for the Trial of Piracy: Commission. September 15, 20, 1683. _[1]

[Footnote 1: Vol. I. Of wills in surrogate's office, New York City, pp. 306-307. ]

_Memorandum. _ That Thursday the twenty day of September, in the fiveand thirtieth yeare of the Reigne of our Soveraigne Lord Charles thesecond, by the grace of God of England, Scottland, France, and IrelandKing, Defender of the Faith, etc. , at the Citty Hall of New Yorke inAmerica, A speciall Court of Oyer and Terminer was holden by Vertue ofthis following Commission, Viz. 

Thomas Dongan Lieutt. And Governour, and Vice Admirall under hisRoyall Highnesse of New Yorke and Dependences in America. 

_Whereas_ his Royall Highnesse James Duke of Yorke and Albany, Earleof Ulster, etc. , Lord high Admirall of Scottland and Ireland, and theDominions and Islands thereof, As also Lord high Admirall of theDominions of New England and Virginia, Barbados, St. Christophers, Antego, New Yorke in America, etc. , hath by his Commission dated atSt. James the third day of October in the yeare of our Lord 1682 andin the 34th yeare of his Ma'ties Reigne constituted and made mee hisVice Admirall of New Yorke, and the Maritime ports and Islandsbelonging to the same, and hath authorized and impowered mee toappoint a Judge, Register, and Marshall of a Court of Admiraltythere;[2] I do therefore hereby make and appoint You Lucas SantenEsq. , Judge of the said Court, and William Beekman, Deputy Mayor, JohnLawrence and James Graham, Aldermen of the Citty of New Yorke, Mr. Cornelis Stenwyck, Mr. Nicholas Bayard, Mr. William Pinhorne, and Mr. Jacob Leysler, and you or any six of you, to hear and determine of anyor all Treasons, Felonys, Robberys, Piracys, Murders, Manslaughters, Confederacys, breaches of trust, Imbezleing goods, or otherTransgressions, contempts, Misprissions and Spoyles whatsoever, doneor committed within the Maritime Jurisdiction aforesaid, on board theShip _Camelion_ of London, Nicholas Clough commander, and I do alsoappoint Will. Nicolls to bee Register, and John Collier to beeMarshall of the said Court, and this Commission to bee of Force duringthe time of this Tryall only. Given under my hand and seale this 15thday of September, 1683, and in the thirty fifth yeare of the Reigne ofour Soveraigne Lord Charles the second, by the Grace of God, ofEngland, Scottland, etc. King, Defender of the Faith, etc. 

THO. DONGAN. 

[Footnote 2: Governor Dongan's commission of vice-admiralty "in theusual forme", October 3, 1682, is recorded in the Public RecordOffice, London, C. O. 5:1182, p. 40. James, duke of York, was Lord HighAdmiral from 1660 to 1673; he was proprietor of the province of NewYork from 1664 till he became king in 1685. As Lord High Admiral, heissued commissions to the colonial governors appointing them as hisvice-admirals. That which he issued, January 26, 1667, to LordWilloughby, governor of Barbados, is printed in the _Publications_ ofthe Colonial Society of Massachusetts, II. 187-198. That to Dongan, issued by James in 1682, when, though excluded from office in England, he was still Lord High Admiral of the crown's dominions, was no doubtsimilar. At this early period the governor himself sometimes acted asjudge; see document 46, note 1. Strictly speaking, what was hereappointed was not a court of admiralty but a commission for the trialof piracy and other felonies. By the statute 28 Henry VIII. C. 15(1536), it was provided that cases of piracy should be tried withinthe realm, not by the High Court of Admiralty, but before commissionsspecially appointed for the purpose, and with the aid of a jury. Butthis statute did not extend to the plantations, and until the passageof the act of 11 and 12 William III. C. 7 (1700), commissioners forthe trial of piracy in the colonies were usually appointed bygovernors in their capacity as vice-admirals, and proceeded under thecivil (Roman) law, not the statute. Another commission, for the trialof piracy (to Governor Bellomont and others, Nov. 23, 1701) is printedin E. C. Benedict, _The American Admiralty_, third ed. , pp. 73-79, fourth ed. , pp. 70-76; another (1716) is doc. No. 106, below; another(to Governor Woodes Rogers, Bahamas, Dec. 5, 1718), is in Johnson's_History of the Pyrates_, II. (1726) 337-340; a fourth (1728) is in_N. J. Archives_, first series, V. 196. See also doc. No. 201, note 1, and Chalmers, _Opinions_ (ed. 1858), pp. 511-515. ]

To

Lucas Santen Esqr. , [3] Cornelius Stenwyck, William Beakman, [4] Nicholas Bayard, Jno. Lawrence, Willm. Pinhorne, James Graham, Jacob Leisler. 

[Footnote 3: Collector of the port. ]

[Footnote 4: Acting mayor. Lawrence, Graham, Steenwyk, and Bayard werealdermen, Pinhorne became an alderman two months later. Leisler wasthe celebrated revolutionary. The accused men were found guilty. Eightof them were sentenced to receive twenty lashes and to be imprisonedfor a year and a day. Clough was sent to London to give an account ofhis stewardship to the Royal African Company. _Calendar of CouncilMinutes, N. Y. _, p. 34. ]

CASE OF WILLIAM COWARD. 

_52. William Coward's Plea. 1690. _[1]

[Footnote 1: Suffolk Court Files, no. 2540, paper 6. The case isreported in _Records of the Court of Assistants of Massachusetts Bay_, I. 319-322. Coward (a sailor of H. M. S. _Rose_) and others wereindicted for a piratical attack on the ketch _Elinor_ in NantasketRoads, November 21, 1689. They were tried in January, 1690, andcondemned, but reprieved. See _Andros Tracts_, II. 54. The trialoccurred in the interregnum between the deposition of Governor Androsin 1689, and the arrival of Governor Phips and inauguration of the newcharter in 1692. Therefore Coward pleads to the jurisdiction, Andros'scommission as vice-admiral being void. ]

And the said Wm. Coward for plea saith that he ought not nor by Law isobliged to make any further or other answar or plea to the Indictmentsnow preferred against him in this Court: for that he saith that theCrimes for which he stands Indicted be:--The same is for Pyracy, felony and [so forth] by him supposed to be done And Committed uponthe high seas without this Jurisdictions and not within the body ofany County within the same from Whence any Jury Cann be Lawfullybrought to have tryall thereof, That before the Statute of the 28th ofKing Henry the 8th, Chapt. The 15th, all Pyraceys Felonys, etc. , Committed upon the high seas was noe Felony whereof the Common Lawtooke any knowledg, for that it could not be tryed, being out of alltowns and Countes, but was only Punishable by the Civill Law beforethe Admira[l], etc. , but by the said Statute the offence is notaltered and made felony, but Left as it was before the said Statute, vizt. Felony only by the Civill Law, but giveth a mean of tryal by theCommon Law in this maner, Viz: All Treasons, felonys, Robberys, murders and Confederacies Committed in or upon the sea or in any otherhaven, rivar, creek, or place where the Admirall hath or pretends tohave power, Authority, or Jurisdiction shall be Enquired, tryed, heard, determined, and Judged in such shires and places in the Relm asshall be Limitted by the kings Commistion under the great Seale, inLike forme and Condition as If any such offenses had been Committedupon the land, to be directed to the Lord Admirall or to his Leiut. , Deputy, or Deputys, and to three or foure such other substantiallpersons as shall be named by the Lord Chancellor of England for thetime being, etc. , as [by] the said statute appeareth--

That the Crimes and offences afforesaid must ether be Considered inthe Condition they were in before or since the making of the saidstatute. If as before then they are only to be Judged and Detarminedbefore the Admirall, etc. , after the Course of the Civill Laws, whichthis Court hath not Jurysdiction off--

That the Crimes and offences in the said Indictments supposed to bedone [and] commited by the said Wm Coward, If any such there were, [were] done and Committed in or upon the sea or in some haven, river, Creek, or place where the Admiralty hath or pretends to have power, Authority, or Jurisdiction, etc. Not within the Jurisdiction of thisCourt--

That the Admiralty of those seas, havens, etc. , where the Crimes andoffences afforesaid are supposed to have been done and Committed, InCase the Commistion Lately geven to Sir Edmd. Andros, knt. , to be viceAdmirall there of be voyd, it is now remaining in his Maj. And cannotbe Executed or exercised by any person or persons without beingLawfully Commistionated by his Maj. For the same. 

That in Case the Crimes, etc. , offences aforesaid shall be consideredAccording to the said statute of the 28th of Henry the 8th, Chapt. The15th, Then the said Wm. Coward saith that this Court hath noe power orJurisdiction there of, nor can the same be Enquired, tryed, heard, Determined, and Judged by them, but Can only be Enquired, tryed, andDetermined by the Spetiall Commistion from his Majesty in such manneras by the said statute is Derected. 

All which the said Wm. Coward is ready to Answar, etc. 

CASE OF BENJAMIN BLACKLEDGE. 

_53. Declaration of Jeremiah Tay and Others. March, 1691 (?). _[1]

[Footnote 1: Suffolk Court Files, no. 3033, paper 4. ]

An acc'tt of the Surprizeall and takeing of the Ship _Good hope_ ofBost[on] in New England, Burthen about three hundred Tonns with twentytwo Gun[s], Jeremiah Tay Comander, which was acted and done in a mostTreacherous and Pyratticall manner by certain Rovers or pirates (mosteof them theire Majest[ies] Subjects) in the Road of the Isle of May ofthe Cape de verd Islands upon the Fourth day of February Anno Dmi1690/1, The said Shipp with what goods were on board her properlybelonging unto Coll. Sam'll Shrimpton[2] Merchant att Boston in NewEngland aforesaid, vizt. 

[Footnote 2: Member of Andros's council, 1688-1689. ]

Upon the twentyeighth day of January 1690/1 wee arrived from theIsland of Madara att said Island of May aforesd and came to Anchor inthe Road there. The next day our men went ashore and applyedthemselves to rake togeather of salt in the Salt Pounds in order tothe loading our Said Shipp and Soe continued workeing severall days. And upon the first day of February following there came into theaforesaid Road a Sloope weareing theire Majesties Collours andanchored not farr [fro]m our Said Shipp who tould us they came fromSouth Carolina, theire Captn. One James Allison formerly of New Yorke, and that they had a Com'n from the Governor of Carolina aforesaid totake and Indamage the French, for which end they were here arrivedexpecting they might in a Short time meete Some of them. [3] The saidCaptn. Allison and moste parte of his Company were wellknowne unto us, they haveing beene Loggwood Cutters in the Bay of Campeach[4] wherewee were with the said Shipp about twelve mounthes Since, LoadeingLoggwood, parte whereof wee bought of them and fully Sattisfied themfor, and during our stay there kept amicable correspondance with us, Eateing, Drinking and Lodging frequently on board our said Shipp, which wee gladly consented unto in regard they might have beene adefence and help to us if any Enimey had assaulted us, by reason ofwhich former friendshipp and good Correspondance as alsoe theireSpecious pretence of a Commission against our Enimies (which wee woerein Some feares of) wee willingly continued the former kindnesse andamity betweene us, hopeing if wee were assaulted by the French weemight by theire assistance (they being thirty five able men and ourShipp being of pretty good force) have beene capable to make a goodresistance, They often protesting and promiseing to Stand by and helpus to the uttmost if there Should be occasion. Wee therefore notdoubting theire honesty and Sincerity permitted them frequently tocome on board our Said Shipp, and Sometimes Some of us went on boardtheire Sloope, and Believeing ourselves secure and willing to make aquick dispatch as possible in Loading our Shipp, wee sent all [hands]to worke in the Pounds (as wee [had done (?)] he[retof]ore) Except our[Carpenter]s, which were [then (?)] att worke on our Decke building[a] Boate for the more Convenient carriage of salt. Thus wee continuedworkeing, and upon the Fourth day of February instant Capt. Allisonand Sundry of his men Dined with us on board said Shipp in a friendlymanner, as they were wont to doe, and Some time after Dinner desiredthe said Commander Tay, with Mr. Edward Tyng the Sup[er]cargoe andJames Meeres a passenger, to goe on boarde theire Sloope to Drinke aglasse of Punch with them, which he did, and when we were come onboard the said Sloope they pretended theire Doctor (whom wee Left onboard the Shipp talkeing with our men) had the keys where theire Sugarwas, Soe they could not make the Punch, and forthwith severall ofthem Stept into the Boate and Rowdd on board our Shipp to fetch thekeys. As Soone as they entred our Shipp one of them Ran to theSteereage Doore and another to the Round house and Secured all ourArms, the rest Imediatly Seizeing the Carpenters who were att work onthe Boate. They then fired a gunn as a Signall to theire Sloope, whoImediatly Seized us who were on board her (wee being unarmed) andforthwith way'd anchor and Laid our Shipp aboard, att the same timetakeing everything out of the Sloope, excepting a Little StinckingBrackish water, some Flower, a Little Stincking beefe, and three orfoure baggs of wheate, and then Comanded us presently to putt of fromthe Shipp about Musquett Shott and then to come to anchor, which wewere forced to Comply with; After which they went on Shore and fetchedour men out of the Pounds by force and Armes, Seaventeene of whom theytooke with them, Some whereof by force and threattnings and others ofthem went volluntarily, which wee have good reason to beleive wereprivy to the Plott and Surpriseall of the Shipp, a List of whose namesis hereto Subjoyned. Afterward they gave us our Chests and some of ourCloaths and the next day Comanded us to Saile away with the saidSloope (which they gave us), and upon the Sixth day of FebruaryInstant wee sailed with said Sloope for the Island of Barbados wherewee arrived the twenty first day of the same. 

JEREMIAH TAY, M'r. EDWARD TYNGTHOMAS WHARFE, MateJAMES MEERES, JUNIOR. 

[Footnote 3: England and France were at war, 1689-1697. ]

[Footnote 4: Bay of Campeche, west of Yucatan. At the beginning ofthis Campeche voyage of the _Good Hope_ ("formerly the _Fortune ofCourland_"), in October, 1689, she had been detained by the royalofficers in Boston, for evasion of the customs laws, but made herescape. _Mass. Hist. Soc. Proc. _, XII. 116. ]

_54. Deposition of Epaphras Shrimpton. July, 1694 (?). _[1]

[Footnote 1: Suffolk Court Files, no. 3033, paper 7. EpaphrasShrimpton was a cousin of Colonel Shrimpton. ]

Epaphras Shrimpton, of full Age, Testifieth that Benja. Blacklidge didacknowledge that himselfe and some others which he named took from onborde the Ship _Good hope_ at Madagasker about halfe her Cargoe whichshe brought from Holland particulerly Hollands, duck, Riging, Ketles, Powder, etc. , belonging to Col. Sam. Shrimpton, and said that withpart of the Ketles they Sheath'd the bow of the Ship which he camefrom Madagasker in, and offer'd if Colo. Shrimpton would be kinde tohim he would discover the Persons that were to bring home theremainder of the Ship _Good hopes_ Cargoe. The said Blacklidge saidthat himselfe and other of his Confederates took the above mention'dgoods out of the Shipp _Good hope_ at Madagasker just before he camefrom thence to New England. This he acknoledg'd to Colo. Shrimpton inthe Prison house in Boston in New England in the year 1693. 

EPAPH. SHRIMPTON. 

_55. Deposition of Jeremiah Tay. July 6, 1694. _[1]

[Footnote 1: Suffolk Court Files, no. 3033, paper 6. ]

Jer. Tay, aged thurty five yeres, Testifieth that hee being att theIle of May, Master of the Shipe _goodhope_ belonging to Coll. SamuellShrimpton, In february one thousand six hundred and ninety, That thenAnd thare was surprised and tacken by A pyrate, one James alloson, Comander, That after thay had posseshon of the Above said Shipe Thenext day sent for My Men from the Pond to come on bord of said Shipe, Telling them that thoose as would goe willingly should have as good Ashaar in shipe and goods as Anny of themselves, whare upon onebengeman blackledg of boston, with sundry more, tuck up armes with thepyrats, hee macking choyce of one of my one[2] small armes for himselfe. This was dun by said blackledg without anny force orCompulshon, as the pyrats themselves did declare That thay did not norwould not force him nor sundry more which did intend To goo with them. I doue furder Ad that sence I came from London, being to the Westward, was tolde by sum of those men that came home in Massons shipe A Longewith said blackledge Last yere, to the est end of Long island, whareThare was A bundance of the goods which Came out of My Shipe the_goodhope_, As Canvos and Riging of sundry sorts, whare itt was Imbaseled, [3] and given all most to anny that would ask for itt. Alsothat thay did heere some of my one Men tell blackledge that hee was Agreat Rooge, in that hee had gott his Cloose out of the shipe_goodhope_ in to The shipe beefore the Shipe was Tacken, that so heemought goe with the Shipe wheather the Shipe was tacken or not. I douealso ad that in the day of it, when the shipe was in thare posseshon, the pyrats did then and thare say to mee, had it not beene bypurswashon of sum of my one men telling of Them thare was A bundanceof Monnys A bourd of said Shipe be sids goods, thay had not tackenhur, which A parrantly proved to bee true, for thare was sundrey ofthem ware for punishing of Mee to Mack mee Confes whar itt was, butthay so difered in thare Judgments that that was not dun by them. 

JER. TAY. 

July 6, 1694. Sign'd and Sworn by Capt. Jeremia Tay. 

Coram nobis SAM'L SEWALL } Justices JER. DUMER } of the } Peace. 

[Footnote 2: Own. ]

[Footnote 3: Embezzled. ]

_56. Indictment of Benjamin Blackledge. October 30, 1694. _[1]

[Footnote 1: Suffolk Court Files, no. 3033, paper 2. ]

Province of the Massachusetts Bay in New England, Suffolk, SS:

At a Court of Assize and Generall Goale delivery held in Boston forthe County of Suffolk aforesaid the Last Tuseday in October 1694, Annoq[ue] R[egi]s et Reginae Gulielmi et Mariae, Angliae, etc. , Sexto. 

The Jurors for our Sov'r Lord and Lady the King and Queen aforesaidPresent, That Benjamin Blackleich of Boston aforesaid, mariner, on thefourth day of February in the year of our Lord 1690/1, at the Isle ofMay otherwise called Santo-May, one of the Islands of Cape de verd, being then and there a Seaman or Marriner, on bord the Ship calledthe _Good Hope_, Jeremiah Tay Comander, did Wickedly, Felloniously andPiratically Rise up in Rebellion against the sd Master Jeremiah Tay, and with one James Allison A Pirate or Sea Rover, Master of a Sloop, and his Company, did Conspire, Abett and Joyne, and with the sd JamesAllison and his Company did Seize, Surprize, and Piratically take fromthe sd Jeremiah Tay The sd Ship _Good Hope_, of Burthen about Threehundred Tonns, and her Loading, being to the Value of Two ThousandPounds, of the Goods and Chattels of Collonol Samuel Shrimpton ofBoston aforesaid, and of the said Ship and Loading the said Master andOwner did Dispoyle, Disposess and Exclude, against the Peace of OurSov'r Lord and Lady the King and Queen, their Crown and Dignity, andthe Laws in Such Case made and Provided. 

Egnoramos. [2]

RICH'D CRISP, foreman, with the Rest. 

[Footnote 2: For "Ignoramus" (we ignore), the word by which a grandjury indicated its refusal to prosecute an indictment. We here findthe Superior Court, the highest common-law court of Massachusettsunder the second charter, taking cognizance of a case of piracy. Governor Phips had a commission as vice-admiral (text in_Publications_ of the Colonial Society of Massachusetts, II. 206-215, 372-380), but no judge of admiralty had yet been appointed, nor anyspecial commission to try pirates. ]

 * * * * *

_57. Deposition of Thomas Larimore. October 28, 1695. _[1]

[Footnote 1: Among the manuscripts of the Massachusetts HistoricalSociety. Captain Larimore in 1704 played an equivocal part in the caseof Quelch and his pirate crew (see no. 104, _post_), assisting theirattempts to escape, but his testimony as to prize-money is to bevalued, as that of an experienced shipmaster and privateer. In 1677 hehad assisted the authorities of Virginia against the rebel Bacon byconveying troops in his ship. _Journals of the House of Burgesses_, II. 70, 79, 86. In 1702 he was sent by Governor Dudley to Jamaica witha company of volunteers, the first Massachusetts force to serveoverseas. _Publications of the Colonial Society of Massachusetts_, XVIII. 84-93. ]

The Deposition of Thomas Larimore, aged Thirty two Yeares orthereabouts. This Deponent testifyeth and saith that whenever anyperson is fitted out to go in a Private man of Warr there is not wontto be any Writing drawne betwixt the person fitting and the personfitted out, and Yet the person fitted out always allows to the personfitting him out One full Quarter part of a whole share of whatsoeveris gained on the Voyage. 

Boston Octobr THOMAS LARIMORE. 28th, 1695. Sworne in Court 30th Octobr. 1695 Attest JONA. ELATSON Cler. A true Copy of that on file Examd. AD'TON DAVENPORT, Cler. [2]

[Footnote 2: Addington Davenport, clerk of the Superior Court from1695 to 1698, and one of its judges from 1715 to 1736. ]

CASE OF HENRY EVERY. 

_58. Petition of the East India Company. July, 1696. _[1]

[Footnote 1: London, Privy Council, Unbound Papers, 1:46. Thispetition is addressed, not to the king in Council, but to the lordsjustices who were exercising his functions during the absence ofWilliam III. In Holland, whither he had gone on account of his warwith Louis XIV. The paper is endorsed as read July 16, 1696. Aproclamation was immediately issued, July 18, declaring Henry Everyand his crew pirates, ordering colonial governors to seize them, andoffering a reward of £500, which the East India Company agreed to pay, for their apprehension; _Acts of the Privy Council, Colonial_, II. 299-302. Several of the crew were apprehended, tried, and hanged inNovember; their trial is reported in Hargrave's _State Trials_, V. 1-18. Others found a refuge in the colonies, despite the proclamation, Governor Markham of Pennsylvania in particular being loudly accused ofconnivance; _Calendar of State Papers, Colonial_, 1696-1697, pp. 613-615. Every (or Avery) was one of the most famous of the pirates. His history is told in Captain Charles Johnson's _General History ofthe Pyrates_ (second ed. , London, 1724), pp. 45-63. Two popularballads respecting him are in Professor Firth's _Naval Songs andBallads_, pp. 131-134. We print first the documents which firstbrought knowledge of his misdeeds, but the whole story in aconsecutive order is better found in the examination of John Dann, document no. 63, _post_. The case is only partly American, butramifies, as will be seen, over much of the globe. ]

To their Excellencyes The Lords Justices of England in Council, The humble Petition of the Governour and Company of Merchants ofLondon trading into the East Indies

Most humbly sheweth

That the said Governour and Company have lately received certainIntelligence That Henry Every, Commander of a Ship called the_Fancy_, of 46 Guns, is turned Pirate and now in the Seas of India orPersia, who with divers other Englishmen and Forreigners to the numberof about 130 (the names of some of which are hereunto annexed) runaway with the sa[id Ship], then called the _Charles_, from the Port ofCorona[2] in Spain and that the said Pirate ha[vin]g . . . At the Islandof Johanna[3] had left there the following Declaration: vizt. :

[Footnote 2: Coruña. ]

[Footnote 3: The chief of the Comoro Islands, in the MozambiqueChannel, northwest of Madagascar. The document which follows is alsoprinted, from a manuscript in the India Office, in the HakluytSociety's _Diary of William Hedges_, II. Cxxxviii-cxxxix, where areother extracts concerning Every. ]

To all English Commanders, let this satisfie, That I was riding hereat this instant in the Ship _Fancy_ Man of War, formerly the _Charles_of the Spanish Expedition, [4] who departed from Croniae the 7th of May1694 Being (and am now) in a Ship of 46 Guns, 150 Men, and bound toSeek our Fortunes. I have never as yet wronged any English or Dutch, nor ever intend whilst I am Commander. Wherefore as I commonly speakwith all Ships, I desire whoever comes to the perusall of this to takethis Signall, That if you, or any whom you may inform, are desirous toknow what wee are at a distance, Then make your Ancient[5] up in aBall or Bundle and hoist him at the Mizenpeek, the Mizen being furled. I shall answer with the same and never molest you, for my Men arehungry, Stout, and resolute, and should they exceed my Desire I cannothelp myself. As yet an Englishmans Friend

At Johanna February 28th, 1694. HENRY EVERY. 

[Footnote 4: The expedition which sailed for Spain in the spring of1694, to deter the French from attacking Barcelona. ]

[Footnote 5: Ensign. ]

The Copy of which said Declaration was brought by Some of the saidCompany's Ships to Bombay and from thence transmitted to England withthe annexed Clause of a Letter relating thereunto. [6]

[Footnote 6: Document no. 59, _post_. ]

And the said Governour and Company having likewise understood by somefresh Advices from Persia hereunto annexed That the said Pirate had inpursuance of his said Declaration pillaged severall Ships belongingto the Subjects of the Mogull[7] in their passage from the Red Sea toSurrat, [8] upon notice whereof the Factoryes of the said Company atSurrat had guards set upon their Houses by the Governour of the placetill such time The Mogulls pleasure was known, Whereby the saidGovernour and Company have reason to fear many great inconveniencesmay attend them not only from the Reprizalls which may be made uponthem at Surrat or other their Factories But also from the Interruptionwhich may be thereby given to their Trade from Port to Port in India, as well as to their Trade to and from thence to England. 

[Footnote 7: Aurangzeb, the Mogul emperor of Hindustan. ]

[Footnote 8: Surat, 150 miles north of Bombay, and the seat of animportant trading factory of the East India Company. ]

Wherefore your Peticioners do most humbly beseech your Excellencies touse such effectuall means for the preventing the great Loss and damagewhich threatens them hereby, as to your Excellencies great wisdomshall be thought fit. 

And your Peticioners shall ever pray etca. 

Signed by order of the Governour and Company

RO. BLACKBORNE, Secretarie. 

_59. Extract, E. I. Co. Letter from Bombay. May 28, 1695. _[1]

[Footnote 1: London, Privy Council, Unbound Papers, 1:46, accompanyingour no. 58. Bombay was the main post of the East India Company; acouncil there supervised all its trade along the west coast ofHindustan. ]

Extract of a Clause in the Generall Letter from Bombay dated the 28thMay, 1695. 

By our shipping now arrived who touched at Johanna Wee have News ThatStrongs ship which was one of them that w[ent] for the SpanishExpedition is runn away with from the Groyn[2] and come into theseseas carrying 46 Guns and 130 men, as your Honours will perceive byCopy of the Captains Letter left at Johanna that accompanyes this. Your Honours Ships going into that Island gave him chase, but hee wastoo nimble for them by much, having taken down a great deal of hisupper work and made her exceeding snugg, which advantage being addedto her well sailing before, causes her to sail so hard now that sheefears not who follows her. This Ship will undoubtedly into the RedSeas and Wee fear disappoint us of Our above expected Goods, And it isprobable will after shee had ransacked that Gulph proceed to Persiaand doe what mischief possible there, which will procure infiniteclamours at Suratt and the Government will be for embargoing all thatever Wee have there. 

[Footnote 2: Coruña, which the English then frequently called "TheGroyne. "]

_60. Abstract, E. I. Co. Letters from Bombay. October 12, 1695. _[1]

[Footnote 1: London, Privy Council, Unbound Papers, 1:46, accompanyingour no. 58. ]

By Letters received the 4th of this Inst. From the Generall[2] andCouncill for the English Affairs residing att Bombay dated 12thOctober 1695 the Company are advised as followeth, vizt. 

[Footnote 2: Sir John Gayer, governor of Bombay, which at this timewas the chief seat of the company's operations in India. ]

That on the 29th August the Generall and Councill dispatched theCompany's ship the _Benjamin_, Burthen 468 Tunns, Captain BrownCommander, in Company of two Dutch ships that wintered here, forSurrat, with almost all the Cargoes of the three ships, except theLead that the _Mocha_ carryed in her for Persia (which wee had notttime to take out, she arriving so late). On the 7th of September shearrived Surrat Rivers mouth, where the President, according to Orders, fell to unlading her, but by that time they had gott the Guns, 4 or500 Bales, and some other Goods on shoar, on the 11th Ditto, One ofAbdull Gofores[3] Ships arriving, their people sent the Governourword, that they were plundered by an English Vessell, severall oftheir Men killed in fight, and others barbarously used; Upon whichthere was a great noise in Towne, and the Rabble very much incensedagainst the English, which caused the Governour to send a Guard to OurFactory to prevent their doing any violence to Our People. The 13th inthe Morning, the _Gunsway_, one of the Kings Ships, arrived from Juddaand Mocho, [4] the Nocqueda[5] and Merchants, with one voice, proclaiming that they were robbed by four English Ships near Bombay ofa very great Sume, and that the Robbers had carryed their plunderedTreasure on Shoar there, on which there was farr greater noise thanbefore. Upon this the Governour[6] sent a very strong Guard to theFactory and clapt all our People in Irons, shut them up in a room, planked up all their windows, kept strict Watches about them, that noone should have pen, ink, or paper to write, stopped all the passages, that no Letters might pass to Us. Att this time Captain Brown beingatt Surat, with some of his Officers and Boats Crew, faired in Commonwith the rest, and so did some others, that were on shoar, to lookafter their sick att Swally;[7] and their Long boat and Pinnace goingon Shoar there, for Water and Provisions, They sent one Man to theChoultrey, [8] to inquire what News, (having heard somewhat of theRumour). This person they seized on, by severall Peons, which causedthem immediately to putt their boats off, which they had no soonerdone, but sundry small Armes were discharged at them. This Caused theBoats to repair to their Ship, att the Rivers mouth, where the Dutchtold them, they durst not supply them with any thing while there. Butone of them, being ready to sail for Batavia, said, if they would sailin Company with them, they would supply them with what they wanted, as soon as they were out of sight of the Rivers Mouth, which was doneaccording to promise, and so the _Benjamin_, by the Generall Consentof their Officers, came hither, having left her Captain and thirtynine more of her Company behind. As soon as we had a full relation ofthese things, we immediately wrote to Court, to one Issa Cooley, anArmenian, whom wee intend to make our Vakeel[9] to represent Our Causeto the King, and to Excuse Our Selves from being concerned in thosebarbarous Actions. Wee Also wrote to the Governour of Surrat and allthe Great Umbraws[10] round Us to the same effect, hearing by all thatcome from Surrat, that that Citty is in an uproar about Us, and beinginformed also, that Severall Letters are gone to the Siddy[11] (who isvery near Us with an Army) from Court and Surat, wee are making whatpreparation Wee can for our Own defence, nott knowing what thisExtream ferment may produce. 

[Footnote 3: Abd-ul-Ghaffar was the richest merchant in Surat. "AbdulGafour, a Mahometan that I was acquainted with, drove a Trade equal tothe English East-india Company, for I have known him to fit out in aYear above twenty Sail of Ships, between 300 and 800 Tuns. " Capt. Alexander Hamilton, _A New Account of the East Indies_, I. 147. TheIndian historian Khafi Khan, who was at Surat at the time, gives anaccount of the transactions which follow, translated in Elliot andDowson, _History of India as told by its own Historians_, VII. 350-351. ]

[Footnote 4: "The royal ship called the _Ganj-i sawai_, than whichthere was no larger in the port of Surat, used to sail every year forthe House of God [at Mecca, or to Jiddah, its port]. It was nowbringing back to Surat fifty-two lacs of rupees in silver and gold, the produce of the sale of Indian goods at Mocha and Jedda. " KhafiKhan, _ubi sup. _]

[Footnote 5: Urdu _nakhoda_, captain or master of a vessel. ]

[Footnote 6: The Mogul's governor of Surat, Itimad Khan. ]

[Footnote 7: Suwali, the port of Surat. ]

[Footnote 8: Caravanserai, or place for public business. ]

[Footnote 9: Agent or envoy. ]

[Footnote 10: Urdu _umar[=a]_, grandee of the great Mogul's court. ]

[Footnote 11: Urdu _s[=i]d[=i]_, a title given in western India toAfrican Mohammedans of high position under the Mogul. The particular_s[=i]d[=i]_ here mentioned was probably Kazim Khan, admiral to theMogul. ]

On the 28th past, We received a Letter from the President and Councillby the Governour's permission, Coppy of which is enclosed with a Coppyof Our Answer. Wee have also wrote the Governour a Second time and theVockanavis, Cozze and Hurcorra, [12] and have sent a Letter to theKing, Asset Cawn, and the Cozyse[13] att Court, endeavouring as muchas possible to allay the heat, by clearing our innocency, and havepromised that if Our Shipping arrives according to Expectation, thatwee will send one or two next Season to Mocho and Judda to convoytheir Fleet. 

[Footnote 12: News-writer (_wakanavis_), civil judge (_k[=a]z[=i]_, cadi), and messenger. ]

[Footnote 13: _Kazis. _]

Wee are informed, that one English man in Surrat carrying to Prison, was so wounded by the Rabble, that he dyed three days after, and thatseverall others were barbarously used. It is certain the Pyrates, which these People affirm were all English, did do very barbarously bythe People of the _Gunsway_ and Abdul Gofors Ship, to make themconfess where their Money was, and there happened to be a greatUmbraws Wife (as Wee hear) related to the King, returning from herPilgrimage to Mecha, in her old age. She they abused very much, andforced severall other Women, which Caused one person of Quality, hisWife and Nurse, to kill themselves to prevent the Husbands seing them(and their being) ravished. All this will raise a black Cloud attCourt, which We wish may not produce a severe storme. 

The Pyrates, being neglected of all hands, begin to grow formidable, and if some Course be nott taken to destroy them, they will yearlyincrease, having found their trade so beneficiall, and how soon theCompanys servants, as well as their Trade, may be sacrificed torevenge the Quarrell of the Sufferers, they know not. 

_61. Letter from Venice. May 25, 1696. _[1]

[Footnote 1: London, Privy Council, Unbound Papers, 1:46, accompanyingour no. 58. ]

Coja[2] Panous Calendar has received a Letter from his Friend atVenice, dated the 25th May last, S. V. , which advises him That hereceived a Letter from Spahaune[3] dated the 16th of December last, which sayes that Four ships, one of the Mogulls, and Three belongingto the Merchants, were coming from Mocha and Juddah to Surratt, mettwith a Pyrate who took them and Plundered them of the Gold and Silverand goods on board them, and then let the ships go, who arriving atSurratt complained thereof to the Governour, and that the Pyrate wasunder English Colours. The Governour thereupon setts Guards upon theCompanies House and sends up the Account to the Mogull. 

[Footnote 2: Persian _kh[=o]jah_, scribe. ]

[Footnote 3: Ispahan. ]

Coja's Letter does not give an Account when the Ships returned toSurratt, but believes it must be in the beginning of September, thatbeing the time when Ships return from Mocha to Surratt. 

_62. Abstract, Letters from Ireland. June 16-July 7, 1696. _[1]

[Footnote 1: London, Privy Council, Unbound Papers, 1:46, accompanyingour no. 58. ]

An Abstract of Letters relating to the Sloop _Isaac_ of Providence, whereof Captain Thomas Hollandsworth Commander. [2]

[Footnote 2: Providence here means New Providence in the Bahamas. Hollingsworth was one of those who came from Madagascar to NewProvidence in the _Fancy_ with Every. _Calendar of State Papers, Colonial_, 1700, pp. 278, 411. ]

Thomas Bell Esqr. , Sheriff of the County of Mayo, in his Letter of the16th of June 1696 says That on the 7th instant came into Westport[3] asmall Vessell of about 30 tuns, whereof he had no account till the14th, upon which he immediately went thither, and only found theMaster, whom they call Captain Thomas Hollinsworth, and two men moreon board. That they had no other Loading but Gold and Silver, whichthey conveyd away, and sold the Ship to one Thomas Yeeden and LawrenceDeane of Gallway, Merchants. It was a very considerable Sume they had, of which Mr. Bell desires the Government may be informd, that he mayhave further direction therein; And adds that he found two baggs ofabout Forty pound worth of Mony not passable in this Kingdom, [4] inthe hands of the said Mr. Yeeden and Mr. Dean, and took their Bond ofa hundred pound to have the same forthcomeing to answer theGovernments pleasure. 

[Footnote 3: A seaport in northwestern Ireland, co. Mayo, about 40miles north of Galway in a direct line, but a much larger distancearound the coast. ]

[Footnote 4: Foreign coin; _e. G. _, Indian or Arabian. ]

The said Mr. Bell in his Letter of the 20th of June further says, Thatsince the writing of the above Letter he mett two of the Crewbelonging to the said Vessell, by name, James Trumble and EdwardForeside, in whose hands he found about 200 l. , and seizd on theirpersons and goods, but found none of the said Guilt or Bullion intheir Custody, and now hath them with their said goods in his hands, and hopes to find a great deale more of the said Guilt and Bullion inthe Country, or those that carry it away, the common report being thatthe said Ship was worth Twenty Thousand pounds in Gold, Silver andBullion; And further adds That he receivd a Warrant from Sir HenryBingham, Barronet, [5] and John Bingham, Esquire, requiring himforthwith to produce the said Trumble and Foreside with their Goodsbefore them, which he obeyd and will give a further account per nextpost. 

[Footnote 5: The third baronet, grand-uncle of the first earl ofLucan. ]

Mr. Farmer Glover, Generall Supervisor of the Revenue, in his Letterof the 25th of June from Gallway says, That having had some Account ofa sloop being putt into Westport he hastned thither, but she was gonthence (the day before he gott there) towards Gallway; On examinacionhe found she came from New Providence in America by Cocquett[6] fromthence, had on board Three Tunn and a half of Brazelett[7] Wood and agreat quantity of Coyne and Bullion; It is likewise reported thatbefore her Arrivall at Westport she putt into a place calld Ackill[8]and there landed severall Passengers and Goods; That the Officer atWestport says he dischargd at one time 32 baggs and one Cask of Mony, each as much as a man could well lift from the ground; That there areseverall Reports in the Country, some saying she was a Privateer, others a Buckaneer, or that she had Landed some of the Assassinators, [8a]which no doubt but their way of comeing into the Country gave greatcause of Suspition, for as soon as they had Landed they offerd anyRates for Horses--Ten pounds for a Garran[9] not worth Forty shillingsand Thirty shillings in Silver for a Guinea for lightness ofcarriage;[10] That on these consideracions he seizd the Sloop untillBond was given according to Law; That she is sold to two Merchants ofGallway and designd to be fraighted out soon. 

[Footnote 6: In old days, a certificate from customs officials thatmerchandise on board had paid its duties. ]

[Footnote 7: Braziletto, a dyewood. ]

[Footnote 8: The Isle of Achill lies off the Irish coast, northwest ofWestport. ]

[Footnote 8a: Conspirators for the assassination of King William, inconnection with the plot headed by Robert Charnock and Sir GeorgeBarclay. Several had been executed this spring, but some were atlarge. ]

[Footnote 9: An inferior Irish horse. ]

[Footnote 10: _I. E. _, because the gold was so much lighter to carry. In 1695, 30 shillings for a guinea would not have been an unusualprice in London (Great Britain then had the silver standard), but theRecoinage Act passed in January, 1696, had enacted that it should bepenal to give or take more than 22 shillings for a guinea. ]

Mr. Lee the Collector of Gallway, in his Letter of the 26th of June, gives an Account That the Sloop that lay at Westport is come into theHarbour of Gallway; That the Master hath made Report of his Ship andInvoyced upon Oath at the Custom House, and entred into Bond withSecurity not to depart without Lycence as usuall; That the Master sayseach person on board took his share of the Silver and Gold and wentaway with it, That Mony paying no Duty, and being frightned in thitherby a Privateer, there being no place there to make a Report, he couldnot hinder the men to carry off their Fortunes, but on Oath denys theknowledge of any other Goods whatsoever; That the Officer placed onboard swears that since he came thither he did not see dischargd orcarried out of the Ship any Goods whatsoever but Mony and MeltedSilver, of which they took out 32 baggs and one small Cask; That heopened severall of the baggs, in which were Dollars, [11] and that thisquantity belongd to two men and the Master, the rest being carriedaway and the men gon, they have brought part of their Mony hither byLand, And that the Sheriff hath caused part of it to be Lodgd in theCountry untill further Order. The said Mr. Lee has also inclosed aCopie of the Masters Pass and Clearings at the Custom House inProvidence, And that the Captain of the Sloop brought a Pacquett forHis Majestie and deliverd into the Post Office in Gallway. 

[Footnote 11: _I. E. _, presumably, Spanish money. ]

Mr. Vanderlure, Collector at Ballinrobe, [12] in his Letter of the 2dof July writes, That he has usd all Lawfull ways and means to discoverwhat Goods were Landed on that Coast where the Sloop from NewProvidence arrivd, which was near Westport, but before that she setton Shoar at Ackill head about a dozen Passengers, English and Scotch, who had a considerable quantity of Gold and Silver Coyne with someBullion. Most part of the latter they parted with at Westport andelswhere, but as for any thing else he cannot learn they had; That hehas in his keeping in a small bagg about 5 l. Worth of broken Silverbelonging to Mr. Currin and Mr. Samuel Bull and likewise about 9 l. Worth of course melted Silver Securd with one Mr. John Swaile inFoxford, [13] which also belongs to them, which they alleadg theybrought from the aforesaid Passengers; That there is one Crawford, adweller in Foxford, who told the said Mr. Vanderlure and others, Thatthere was one of the Passengers who had some peices of Muslin[14] in abagg. The said Crafford absented himself when Mr. Glover and Mr. Cadewere at Foxford to examin that matter, but there is a Summons left athis house to appear at Gallway on Munday next to give his Testimonyand knowledge therein; That assoon as the said Mr. Vanderlure hadnotice of that Sloop being in that part of the Country he desird theSurveyor to send an Express to Mr. Lee, the Collector of Gallway, toacquaint him of the Vessell's Arrivall, which accordingly was don andan Officer sent from Gallway who went in the Vessell thither; That twoof the Ships Crew are st[op]t and in Custody of the High Sheriff ofthe County of Mayo by a Warrant from Major Owen Vaughan, a Justice ofPeace, upon an Information of one of the Passengers That that Sloopwas the King's Pacquett Boat. They have 2700 plate Cobbs[15] in thesheriffs hands, which he secured when he Seizd the said persons. It issaid they have about 100 worth of the Coyne. The names of the saidSeizd persons are Edward Foreside and James Trumble, who desirethemselves and cash might be removd to Dublin, to answer what shall belaid to their Charge. 

[Footnote 12: About 20 miles southeast of Westport, between that placeand Galway. ]

[Footnote 13: About 20 miles northeast of Westport. ]

[Footnote 14: Muslin (meaning organdie; from Mosul in Mesopotamia) wasnot then made in Europe, but was brought from India. ]

[Footnote 15: Plate means silver. Cob was the name then used inIreland to designate Spanish pieces of eight (dollars). Sir WilliamPetty, _Political Anatomy of Ireland_, p. 71. ]

Mr. Bartholomew Cade, Surveyor at Ballinrobe, in his Letter of the 2dof July says he has been with Mr. Glover according to theCommissioners directions, and for an account of their proceedings ineach particular referrs to Mr. Glovers Letter. 

Mr. Glover in his Letter of the 3d of July from Gallway gives anaccount That he is returned from Ballinrobe District, where he hasbeen making all strict Enquiry about the Sloop putt in at Westport, and says, That as yett there appears no substantiall proof of anyGoods Landed lyable to Duty, except such as were taken by the Officer, Mr. Currin, which he says he had seized from them, that the said Mr. Glover has taken them from the officer and deliverd them into theCustom House. As for the 14 pound 3/4 worth of Silver bought by theOfficer, it is in Charge with the Collector Mr. Vanderlure. Noquestion but the Master of the Sloop hath forfeited and been lyable tothe Penalty according to Law, for by Affidavit of one of his Sailershe proves that at Ackill, where they first landed their Passengers, there being no Officers present, there was taken off board and Landedseverall large baggs belonging to the Passengers. What was in thebaggs he cannot tell, but that they were stuffed full of something. That the said Mr. Glover had likewise Informacions from severallpersons that they heard one George Crawford of Foxford say that he hadseen Eight peices of Muslin with some of the Passengers which came outof the Sloop. That he went to Foxford to examin the said Crawford, buthe went out of the way so that the said Glover could not see him, butleft a Summons at his house for his appearing at Gallway the Mundayfollowing. 

Mr. Humphry Currin, in his Letter of the 7th of July from Gallway, says, That a small Sloop from the West Indies Landed at Ackill about10 or 12 Passengers and that he saw them at Westport and one of themwas putting something in a bagg which he examined and found 5 yardsand 1/2 of Striped Muslin, 2 yards and 1/2 of Cottened Cloth, 2 yardsof Quilted Linnen, with 10 small Cravatts and 4 Silk Handkerchiefs, which he then Seizd as lyable to Duty, and said he must carry them tothe Custom House of Gallway; That he supposd the Kings share would beremitted and ignorantly gave him the next day 4 Cobbs for it and toldhim if the Law would allow him more he should have it; That the saidCurrin shewd the Linnen to Mr. Cade and told him he must go with themto Gallway, but delayd it till after the next Office; That he wasadvisd to carry the Passengers to a Justice of Peace, which heaccordingly did; That he bought for himself and a friend 5 pound ofbroken silver and 9 pound of melted course Silver and deliverd it toMr. Glover's Order. 

_63. Examination of John Dann. August 3, 1696. _[1]

[Footnote 1: London, Public Record Office, C. O. 323:2, no. 25 IV. Endorsed: "In closed in Mr. Blackborne Secretary to the East IndiaCompany his letter of the 18th December 1696", as to which letter see_Calendar of State Papers, Colonial_, 1696-1697, pp. 259-264. ]

The Examination of John Dann of Rochester, Mariner, taken the 3d ofAugust 1696. 

Danns Examination. 

This Informant saith that 3 yeares agoe he was Coxwain in the_Soldado_ Prize, That he deserted the said shipp to goe in Sir JamesHoublons[2] Service, upon an Expedition to the West Indies, under DonAuthuro Bourne. Hee went on board the _James_, Captain GibsonCommander, and the whole Company shifted their Ship in the Hope, andwent on board the _Charles_ in which they went to the Corunna. TheShipps Company mutinied at Corunna for want of their pay, there being8 months due to them; some of the men proposed to Captain Every, whowas master[3] of the _Charles_, to carry away the Shipp, which wasagreed on and sworne too; accordingly they sayled from the Corunna the7th of May 1693. [4] when they were gone out they made up about 85 men. Then they asked Captain Gibson, the Commander, whether he was willingto goe with them, which he refusing, they sett him a shoar, with 14 or15 more. 

[Footnote 2: An alderman of London and a director of the Bank ofEngland. "Sir Arthur Bourne, an Irish commander, who has served onboard the Spanish fleet 5 years; he is to command 5 English and Dutchmen of warr, and sail for the West Indies" (1692). Luttrell, _BriefRelation_, II. 330. ]

[Footnote 3: Navigating officer. ]

[Footnote 4: Error for 1694. ]

The first place they came to was the Isle of May, [5] where they mettthree English Ships and tooke some provisions out of them, with anAnchor and Cable and about 9 men. They went next to the Coast ofGuinea, and there they tooke about 5 li. Of Gold Dust, under thepretence of Trade; from Guinea they went to Philandepo, [6] where theycleaned their ship and tooke her lower; from thence they went toPrinces Island, [7] where they mett with 2 Deanes[8] ships, which theytooke after some restraine. In those Shipps they tooke some smallArmes, Chestes of Lynnen and perpetuenes, [9] with about 40 l. In Golddust and a great quantity of Brandy. They putt them on shoar Except 18or 20 they tooke with them. They carryed the best of the Danes Shippswith them and burnt the other. They stood then for Cape Lopez, and inthe way mett with a small portugeese, laden with slaves from Angola. They tooke some Cloathes and silkes from them and gave them someprovisions which they were in want of. Att Cape Lopaz they only boughtHoney, and sunke the little shipp, the men not being satisfied withthe Commander. They went next to Annabo[10] and takeing provisionsthere they doubled the Cape and sailed to Madagascar, where they tookemore provisions and cleared the ship. From thence they sailed toJohanna, [11] where they mett a small Junke, put her a shore and tooke40 peices out of her, and had one of their men killed. They only tookein provisions at Johanna. Three English Merchant ships came downethither at the same time, but they did not speake with them. They wentthence to a place called Paddy, [12] and soe back to Johanna, touchingat Comora by the way, where they tooke in provisions. At Johanna theytooke a Junke laden with Rice, which they stood in need of; here theytooke in 13 French men that had been privateering in those Seas underEnglish Colours and had lost their ship at Molila, where it was castaway. Then they resolved to goe for the Red Sea. In the way they mettwith two English Privateers, the one called the _Dolphin_, the other_Portsmouth Adventure_. The _Dolphin_, Captaine Want Comander, was aSpanish Bottom, had 60 men on board and was fitted out at theOrkells[13] neare Philadelphia. She came from thence about 2 yearesagoe last January. The _Portsmouth Adventure_ was fitted out at RhodeIsland about the same time, Captain Joseph Faro Comander. This shiphad about the like number of men and about 6 Gunns each and theyjoyned Company. They came to an Island called Liparan, [14] at theentrance into the Red Sea, about June last was 12 months. They laythere one night and then 3 sale more of English came to them, Onecomanded by Thomas Wake[15] fitted out from Boston in New England, another the _Pearle_ Brigantine, William Mues Comander, fitted out ofRhode Island, the third was the _Amity_ Sloop, Thomas TewComander, [16] fitted out at New Yorke. They had about 6 Guns each. Twoof them had 50 men on board and the Brigantine betweene 30 and 40. They all Joyned in partnership, agreeing Captain Every should be theComander. After they had laine there some time they were apprehensivethe Moors shipps would not come downe from Mocha, [16a] soe they sent apinnace thither, which tooke two Boates. They brought away 2 men, which told them the shipps must come downe. In the meane time theystood into the sea about 3 Leagues and came to an Anchor there, andhearing by the Pinnace the Moors Shipps were ready to come downe theyweighed and stood to Leparon againe. After they had lain there 5 or 6dayes the Moores shipps (being about 25 in number) past by them in thenight unseen, though the passage was not above 2 miles over. They[17]was in August last on Saturday night. The next morning they saw aKetch comeing downe, which they tooke, and by them they heard theships were gone by, whereupon it was resolved they should all followthem and accordingly they wheighed on Monday, but the _Dolphin_ beingan ill sayler they burnt her and tooke the men most of them aboardCaptain Every and the Brigantine they tooke in two [tow]. The sloopfell asterne and never came up to them. Captain Wake likewise laggedbehind but came up to them afterwards. The _Portsmouth_ kept themcompany. They steered their Course for Suratt, whether the Mooresships were bound. About 3 dayes before they made Cape St. John[18]they mett with one of the Moores ships, betweene 2 and 300 tons, with6 Guns, which they tooke, she haveing fired 3 shott. They tooke about50 or 60, 000 l. In that ship in Silver and gold, and kept her withthem till they made the land, and comeing to an anchor they espiedanother ship. They made sale up to her. She had about 40 Guns mountedand as they said 800 men. Shee stood a fight of 3 houres and thenyeilded, the men runing into the Hold and there they made theirVoyage. They tooke out of that ship soe much Gold and Silver in Coynedmoney and Plate as made up each mans share with what they had takenbefore about 1000 l. A man, there being 180 that had their Dividents, the Captain haveing a Double share and the Master a share and a halfe. The _Portsmouth_ did not come into the Fight and therefore had noeDivident, but the Brigantine had, which was taken away from themagaine by reason that the _Charles's_ men changing with them Silverfor Gold they found the Brigantine men Clippt the Gold, soe they leftthem only 2000 peices of Eight to buy provisions. They gave a share tothe Captain of the _Portsmouth_ and brought him away with them. Captain Want went into his ship and sailed into the Gulph of Persiaand the Brigantine (he thinkes) went to the Coast of Ethiopia. CaptainWake went to the Island of St. Maries near Madagascar, [19] intendingfor the Red Sea the next time the Moores ships were expected fromthence. Captain Every resolved to goe streight for the Island ofProvidence. In the way the men mutinied, some being for carrying herto Kian[20] belonging to the French, neere Brazill, but Captain Everywithstood it, there being not above 20 men in the Shipp that Joynedwith him. When they came to the Island of Mascareen[21] in theLatitude of 21 they left as many men there as had a mind to stay inthat Island, and about March or Aprill last they arrived in the Islandof Providence with 113 men on board. They came first to an Anchor offthe Island of Thera, [22] and by a sloop sent a Letter to NicholasTrott, Governor of Providence, [23] to propose bringing their shipthither if they might be assured of Protection and Liberty to goeaway, which he promised them. They made a collection of 20 peices of 8a man and the Captain 40, to present the Governor with, besidesElephants Teeth and some other things to the value of about 1000 l. Then they left their Ship which the Governor had and 46 Guns in her. They bought a sloop which cost them 600 l. Captain Every and about 20more came in her for England and Every tooke the name of Bridgman;about 23 more of the men bought another Sloop and with the Master, Captain Risby, and the rest of the men went for Carolina. 

[Footnote 5: Maio, one of the Cape Verde Islands. ]

[Footnote 6: Fernando Po, in the Bight of Biafra. ]

[Footnote 7: Ilha do Principe. The islands of St. Thomé, Principe, andAnnobon are fully described, in their then state, in the secondedition of Johnson, _General History of the Pyrates_, pp. 188-204. ]

[Footnote 8: Danish. Fourteen of the Danes joined the pirate crew, sosays Philip Middleton in a narrative not identical with our no. 64, _post_ (_Cal. St. Pap. Col. _, 1696-1697, p. 261); and the Court of theEast India Company, in a letter to the General and Council at Bombay, Aug. 7, 1696, report that Every's motley company "consisted of 52French, 14 Danes, the rest {104} English, Scottish, and Irish". Beckles Willson, _Ledger and Sword_, I. 434. ]

[Footnote 9: Perpetuana, a durable woolen fabric. ]

[Footnote 10: The island of Annobon, in lat. 1° 24´ S. ; see note 7. ]

[Footnote 11: One of the Comoro group of islands, lying between thenorth point of Madagascar and the mainland of Africa. It may be usefulto mention that at this time the East India Company's monopoly oftrade in the Indian Ocean had been broken by a declaration of theHouse of Commons, Jan. 11, 1694, that every British subject had theright to trade with India. ]

[Footnote 12: Probably Patta, off British East Africa, but thenPortuguese. Comoro is the principal island in the group of whichJohanna is one. Molila, below, is most likely Mohelli, another of thegroup. ]

[Footnote 13: Whorekill, _i. E. _ Lewes Creek, Delaware. ]

[Footnote 14: Perim, in the straits of Bab-el-Mandeb. ]

[Footnote 15: See doc. No. 68, paragraph 8, _post_. ]

[Footnote 16: Tew appears in Jamaica, Rhode Island, and New York, everywhere with an ill reputation. Edward Randolph (Toppan, _EdwardRandolph_, V. 158) declares that from this present voyage he brought£10, 000 in gold and silver into Rhode Island. He had gone out with aprivateering commission from Governor Fletcher of New York (_N. Y. Col. Doc. _, IV. 310, etc. ), though, according to Bellomont, Fletcher musthave known of his piratical habits. Fletcher in his not too satisfying"defence" (_ibid. _, IV. 447) says: "This Tew appeared to me not only aman of courage and activity, but of the greatest sence and remembranceof what he had seen, of any seaman I had mett. He was allso what theycall a very pleasant man; soe that at some times when the labours ofmy day were over it was some divertisement as well as information tome, to heare him talke. I wish'd in my mind to make him a sober man, and in particular to reclaime him from a vile habit of swearing. Igave him a booke to that purpose. " But it appears from paragraph 9 ofour no. 68 that Tew was killed, in the act of piracy, within the yearof the issue of his commission, and it is impossible to say how farthe reformation of his speech had progressed. ]

[Footnote 16a: Mocha lies inside the straits, on the Arabian side ofthe Red Sea. ]

[Footnote 17: This. ]

[Footnote 18: Probably Cape Diu. ]

[Footnote 19: Off the northeast coast. A celebrated resort of pirates;see Capt. Adam Baldridge's deposition, no. 68, _post_. ]

[Footnote 20: Cayenne, French Guiana. The editor remembers that oldNew England people, in his boyhood, still pronounced the name Ky-ann. ]

[Footnote 21: Now Réunion, then called by the French (to whom itbelonged) Bourbon, or Mascaregne, from the Portuguese commander PedroMascarenhas, who discovered it in 1512. ]

[Footnote 22: Eleuthera. ]

[Footnote 23: Governor of the Bahama Islands from 1693 to 1696, whenhe was removed because of his suspicious dealings with the pirates. Hewas a cousin of that Chief-Justice Nicholas Trott (1668-1740) who wasso great a power in South Carolina, and who in 1718 sentenced StedeBonnet's company with such severity. See the next document. ]

Captain Every alias Bridgman and this Informant landed atDumfaneky[24] in the North of Ireland towards the latter end of Junelast, where this Informant parted with Captain Every and heard he wentover for Donaghedy in Scotland. [25] when this Informant was at Dublinhe heard Every was there, but did not see him. He heard him say hewould goe to Exeter when he came into England, being a Plymouth man. 

[Footnote 24: Dunfanaghy, co. Donegal, on the north coast of Ireland. ]

[Footnote 25: Probably an error for "from Donaghedy to Scotland". Dunaghadee is in Ireland, co. Down, at one of the points nearest toScotland. ]

This Informant says that he parted with Captain Every at Esquire Rays, within 6 miles of Dumfannaky; That the Land water[26] of that Port, one Mawrice Cuttle, gave this Informant a Passe to goe to Dublin forhimselfe, 5 men more and 2 boyes, and came along with them to a placecalled Lidderkenny, [27] and there he would have detained their moneybut this Informant and another of the Company had liberty to goe toDerry[28] to cleere themselves to Captain Hawkins, but by the wayCuttle agreed with them to lett them goe for three pounds weight inGold, which they gave him at a place called St. Johnstons, [29] andthen they had liberty to goe on to Dublin. 

[Footnote 26: Landwaiter. ]

[Footnote 27: Letterkenny, co. Donegal. ]

[Footnote 28: Londonderry. ]

[Footnote 29: St. Johnstown, on the Foyle above Londonderry. ]

This Informant heard likewise that the said Cuttle made an agreementwith the other men before he lett them goe but he cannot tell whatthey gave him. 

This Informant came from Dublin about 3 weekes agoe and landed atHolyhead and soe to London, where he arrived on Tuesday last. The manthat came over with him was Thomas Johnson, who lives neare Chester, and there he left him. 

This Informant went to Rochester on Thursday last and was seized therethe next morning by meanes of a Maid, who found his Gold Quilted up inhis Jackett hanging with his coate. He was carryed before the Mayor, who comitted him to Prison and kept his Jackett, in which and in hispocketts were 1045 l. Zequins[30] and 10 Guineas, which the Mayor nowhath in his Custody. 

[Footnote 30: A Venetian or Turkish gold coin, worth about nineshillings. ]

This informant sayes further that the wife of Adams, who was theirQuarter Master, came with them from the Island of Providence, thatshee was with Captain Every at Donoughedee and beleives they went overtogether; as this Informant came to London hee saw this woman at St. Albans, who was goeing into a stage Coach. She told this Informantthat shee was goeing to Captaine Bridgmans but would not tell himwhere he was. 

This Informant saith that the Sloope they came home in was given toJoseph Faroe, Comander of the above mencioned _Portsmouth Adventure_, and that he intended to returne in her to America. The vessell iscalled the _Sea Flower_, about 50 Tuns and 4 Guns. This Informantheard she was at Derry. 

This Informant sayes that the other Sloop, which Captaine Richy cameover in, landed somewhere neare Galloway. [31] hee saw some of the menatt Dublin. And this Informant beleives that most of the men whichcame with Captaine Every to Ireland are now in Dublin. 

[Footnote 31: Galway. ]

_64. Affidavit of Philip Middleton. November 11, 1696. _[1]

[Footnote 1: Public Record Office, C. O. 5:1257, no. 47 I. Besides thisexamination before the London magistrate, Middleton had made astatement, Aug. 4, 1696, to the lords justices of Ireland, fullysummarized in _Cal. St. Pap. Col. _, 1696-1697, pp. 260-262; it nearlyduplicates that of John Dann, our no. 63, _supra_. Note also theaffidavit of John Elston of New Jersey, another of the crew, in _N. J. Archives_, first series, II. 223-226. ]

Phillip Midleton of London, Mariner, of competent age, deposeth andsaith upon his Corporall Oath That he, this Deponent, did serve onboard the ship _Charles_ alias _Fancy_ under the command of HenryEvery alias Bridgeman in the month of Aprill last, when she arrived atan Island near Providence in America, from whence a Letter was writ toMr. Nicholas Trott, Governour of Providence, which Letter thisDeponent saw and heard it read, and declareth That the Contents were, That, provided he would give them liberty to come on Shoar and departwhen they pleased (or words to this purpose), they promised to givethe said Governour twenty Peices of Eight and two Peices of Gold a Manand the said Ship, and all that was in her. But this Deponentremembers not the least threatning expression in the said Letter nordid he hear such like words from any of the Ships Crew, onely some ofthem said that if they were not admitted to come to Providence theywould go some where else, and further deposeth That Mr. GovernourTrott returned answer to the aforesaid Letter in writeing in verycivill termes, assuring Captain Every That he and his Company shouldbe wellcome (or words to this purpose), which said assurance was madegood to them by Governour Trott after their arrivall at Providence aseffectually as they could desire. [2] This Deponent likewise deposeth, That upon receipt of Mr. Governour Trotts Letter, or in a little spaceof time after, a Collection was made afore the Mast (at which thisDeponent was present) for him the said Governour Trott, to whichCaptain Every contributed 40 Peices of Eight and four Peices of Goldand every Sailer (being one hundred men besides Boyes) twenty Peicesof Eight and two Peices of Gold a man, which sum being collected weresent to Mr. Governour Trott by Robert Chinton, Henry Adams, and twomore, whose names this Deponent doth not call to mind, after which thesaid Captain Every and his Crew sailed in the said ship _Charles_ forProvidence, where at their arrivall they delivered up the said shipwith what was in her to the said Governour Trott, and accordinglyMajor Trott took possession of her in the said Governours name andafterwards left her in the custody of the Governours Boatswain and afew Negroes, whose incapacity or number were not sufficient to securethe ship from hurtfull accidents, as this Deponent believes and alsowas informed, the which was made evident by the ships comeing a shoarabout two dayes after Governour Trott was possessed of her, though shehad two Anchors at her Bow and one in the hold, at least she had somany Anchors when this Deponent and the rest of the Company quittedthe said ship to Mr. Trott. This Deponent also deposeth That so soonas Mr. Trott was in possession of the said ship he sent Boats to bringa shoar the Elephants teeth, the sails, Blocks, etc. , that wasvaluable in the said Ship, And further saith That he saw severallBoats Land which were filled with the aforesaid Commodityes andstores, and that he hath heard severall of the Ship _Charles's_ Crewsay and affirm (and which this Deponent also doth believe and partlyknow) that at the said Ship's arrivall at Providence she had on boardfifty Tons of Elephants teeth, forty six Guns mounted, one hundredBarrells of Gunpowder or thereabouts, severall Chests of BuccanneerGuns, besides the small Armes which were for the Ships use, the numberof which doth not occur to his mind. He further deposeth to the bestof his knowledge and Information the said ship was firm and tight, forwhereas he went down into her Hold the same day she arrived atProvidence he then could not perceive she made the least water. Andfurther saith that the said Ship came a shoar as aforesaid two dayesafter Mr. Trott was possessed of her, he first having taken out of herwhat was most considerable. This misfortune of the ship happened aboutnoon in the said Governour's sight, as this Deponent (who was an EyeWitness) well knowes. He likewise declares That one named JamesBrowne, with severall others of Providence and also severall that hadbeen of the Ships Crew, upon this occasion profered themselves toundertake weighing her with Casks, But this Deponent never heard thatthe offers aforesaid were accepted, nor that any means was used to gether off, nor that Governour Trott had any consideration besides thatof getting on Shoar what still remained on board. This Deponent alsosaith That it was generally reported at Providence the Ship was run onShoar designedly. And this Deponent saith That he left Providence whenCaptain Every did and that the Sloop in which they went was the lastVessell that carryed from Providence any considerable number of theship _Charles's_ men and that this Deponent was informed a Packet wassent by Hollandsworths Sloop, which sailed before that in which thisDeponent was, in which also he knowes there was another Packet sent, which this Deponent saw and believes 't was from Governour Trott butknowes not to whom they were directed. He further deposeth Thatneither while he was at Providence nor afterwards he knew or heardthat the said ship _Charles_ was bilged, but he remembers that JosephDawson, who had been Quarter-Master by Captain Every, was sent onboard her just before his departure to fetch some Cask for the use ofhis Sloop, which Dawson brought on Shoar and then in this Deponentshearing declared That the said ship was not bilged, the water in herbeing black and stinking and the Cask being wedged in the Ballast. Ifthe Ship had been bilged she would have been full of water whereby hecould not have gotten the Cask out. And this Deponent alwaiesunderstood That Sir James Houblon and Company of London owned the saidShip and verily believes Governour Trott knew as much. The saidDeponent further deposeth That John Dan, John Sparks and Joseph Dawsonarrived in Ireland in Captain Everys Sloop in the Company of thisDeponent, which said Sloop departed from Providence about thebeginning of last June, and Hollandsworths Sloop about fourteen dayesor three weeks before. 

[Footnote 2: In his defence, _Cal. St. Pap. Col. _, 1697-1698, p. 506, Governor Trott declares that there were but 60 men resident at NewProvidence (Nassau) as against 113 (whites) of Every's men. See also_Acts of the Privy Council, Colonial_, VI. 3. ]

A copy of Phillip Middleton's Affidavit made before Sir John Houblon, Knight, [3] the 11th of November last, examined in London this 30th dayof January anno 1696/7. 

[Footnote 3: Governor of the Bank of England, and lord mayor of Londonin the earlier part of that year. The owner of the _Charles_ was hisbrother. ]

_65. Deposition of Samuel Perkins. August 25, 1698. _[1]

[Footnote 1: Public Record Office, C. O. 323:2, no. 131. It is endorsed"Copy of a Deposition of Samuel Perkins relating to Pirates in theEast Indies Communicated to the Board [of Trade] by Mr. SecretaryVernon" (secretary of state). Samuel Perkins of Ipswich, Massachusetts, had been one of that town's contingent in King Philip'sWar, and died in Ipswich, an old man, in 1738. ]

The Examination of Samuel Perkins, of Ipswich in New England, takenupon oath before me Ralph Marshall Esquire, one of his MajestiesJustices of the Peace for the County of Middlesex and Citty andLiberty of Westminster, this 25th day of August Anno Domini 1698. 

This Informant upon his Oath saith, That about 5 years since he wentaboard the ship _Resolution_, Captain Robert Glover an IrishmanCommander, (who had 18 Guns and 60 men), to see his Uncle ElishaSkilling, who was Boatswain of the said Ship but is since Dead, whodetained him in the said Ship together with a French Maletto[2] Boy, which ship sailed from New England in the night to the Isle of May, where they took in Salt, and thence sailed to Cape Coast inGuinnea, [3] where a Dutch man of War took 11 men from them, butreturned 9 of them again, keeping the other two as Hostages, in casethey meddled with any Dutchmen. From thence they sailed to Cape Lopazand so to Madagascar, where they victualled and cleaned, and thencesailed into the Red Sea, where they lay waiting for some India ships, but missing them went to an Island called Succatore[4] in the Mouth ofthe red Sea, where they bought Provisions and so went to Rajapore, [5]where they took a small Muscat man with 12 Guns laden with Dates andRice, in the Harbour; in taking whereof they killed some of her men, and sent the Muscatt man by Captain Glover (with whom the rest of the_Resolutions_ Crew had a quarrell)[6] to Madagascar, and then choseone Richard Shivers a Dutchman for their Commander, and then sailed toMangelore, [7] where they took a small ship belonging to the Moors, laden with Rice and Fish, some of which they Plundered and then lether goe. From thence they went to Callicut, [8] where they took 4 shipsbelonging to the Moors at Anchor in the Road, and sent ashore to knowif the Country would Ransome them. But there being a design among theCountrey people to retake their own ship and the said ship_Resolution_, with some Grabbs[9] or Boats sent off, They fired two ofthe said Prizes and run away and left them. Thence they went to CapeComarine, to cruise for Malocca[10] men, but mist them, and took aDanish ship, out of which they took two men by force and five morecame voluntarily aboard, and left the rest aboard the sloop, havingfirst taken severall Piggs of Lead, fire arms, and Gun Powder out ofher. From thence they went to the Island Mauretious, [11] where theytook in Provisions and so to St. Marys Island near Madagascar, wherethey met with Captain Hoare an Irishman (since Dead) who was commanderof the _John and Rebecca_, [12] a Pyrate of about 200 Tuns, 14 Guns, belonging to the Road Island, who had with her a Prize (a pritty largeship) belonging to the Mogulls subjects at Suratt, which he had takenat the Gulph of Persia, laden with Bale Goods. There was there also aBrigantine belonging to New York, which came to fetch Negroes, and thehulk of the said ship which Captain Glover carried thither. 

[Footnote 2: Mulatto. ]

[Footnote 3: Cape Coast Castle, on the Gold Coast. ]

[Footnote 4: Sokotra. ]

[Footnote 5: Rajpur, a few miles south of Bombay. ]

[Footnote 6: See paragraph 10 in Capt. Adam Baldridge's deposition, no. 68, _infra_. ]

[Footnote 7: Further south, on the Canara coast. ]

[Footnote 8: Still further south, on the Malabar coast; still on thewest coast of Hindustan, of which Cape Comorin, below, is thesouthernmost point. ]

[Footnote 9: Arabic _gurab_, a large coasting-vessel. ]

[Footnote 10: Malacca. ]

[Footnote 11: Mauritius, then a Dutch island. ]

[Footnote 12: See paragraphs 12, 13, in Capt. Adam Baldridge'sdeposition, no. 68, _infra_. Governor Fletcher of New York, July 16, 1695, had given Hoar a commission as a privateer to cruise against theFrench in the _John and Rebecca_. Glover and Hoar were brothers-in-law. _Cal. St. P. Col. _, 1697-1698, p. 108. ]

The Island St. Maries is a pritty large Island, well inhabited byblack people, where one Captain Baldridge[13] (who, as he wasinformed, had formerly killed a man in Jamaica, and thereupon turnedPirate about 13 years agoe) had built a platforme of a Fort with 22Guns, which was destroyed, together with Captain Glover and the restof the Pyrats there, whilst this Informant was at Madagascar aboutnine months agoe, by the Blacks, who also killed 7 English men and 4French men in the house where this Informant was at Madagascar, sparing only himself. 

[Footnote 13: See document no. 68, _post_. ]

There was then also a party of English in another part of the Islandof Madagascar, who defended themselves against the Blacks on an Islandin a River there, having some of the blacks on their side, tillCaptain Baldredge, who was then absent with the said Brigantine (whichhe had bought and sailed in her to Mascarine, [14] an Island belongingto the French, where he went to sell Prize Goods) returned, and tookthem off, carryed them to St. Augustines Bay, [15] they payingconsiderably for their Transportation. This Informant further saiththat, before this happened, he run away from the _Resolution_ andremained on the Island of Madagascar as aforesaid, the said ship beinggone, as he was told, to the Streights of Mallacca, which is aboutTenn months since; That he this Informant was redeemed for a parcellof Gun Powder by those who defended themselves as aforesaid, and wentwith them aboard the Briggantine, who went first to St. Augustines Bayto putt some men ashore (who had not money to pay for their furtherpassage) and thence sailed to St. Helena, where they arrived about sixmonths agoe, pretending there to be a trading ship belonging to NewYork, upon which they got water and Provisions. [16] But this Informantrun away from the said ship at St. Hellena and concealed himself inthe Island till she was gone (who stayed there about 7 or 8 days) andcontinued there about 3 months till the arrivall of the _Sampson_there from the East Indies, aboard of which ship he came for Englandwith the consent of the Governor of St. Helena. 

[Footnote 14: See document no. 63, note 21. ]

[Footnote 15: On the southwest coast of Madagascar. ]

[Footnote 16: St. Helena was then already an English island, withabout a thousand inhabitants. ]

This informant farther saith That he had heard upon Madagascar, That alittle before his arrivall there That 14 of the Pyrates (belonging toCaptain Tew, Captain Rayner, and Captain Mason and Captain Coats orsome of them)[17] had by consent divided themselves into two sevens, to fight for what they had (thinking they had not made a voyagesufficient for so many) and that one of the said Sevens were allkilled, and five of the other, so that the two which survived enjoyedthe whole Booty. And this Informant further saith, that he hath heardand believeth, that not only the ship _Resolution_ to which heformerly belonged, but also the _Mocha_ Friggat, [18] which run awayout of the service of the East India Company, the _Charles and Mary_, and severall other ships manned by English and other European Nations, were about nine months since, when he came from Madagascar, and stillare playing the Pyrates in the Streights of Mallaca, in the Red Seaand other Parts in the East Indies. 

SAMUELL PERKINS. 

Juratus coram me[19] RA. MARSHALL. 

[Footnote 17: All these figure in the accusations against Fletcher in_N. Y. Col. Doc. _, IV. ]

[Footnote 18: The _Mocha_ appears also in the Kidd narratives, andcontinued her career of piracy till 1699, at least. ]

[Footnote 19: _I. E. _, sworn before me. ]

_66. Certificate for John Devin (Bahamas). September (?) 20, 1698. _[1]

[Footnote 1: Suffolk Court Files, Boston, no. 3765, paper 2. We findJohn Devine settled as a chirurgeon in Boston in 1704. _N. E. Hist. Gen. Reg. _, XXXVI. 309. ]

New Providence SS. 

Whereas in the month of Aprill in the year of our Lord God oneThousand Six hundred and ninety six Capt. Henry Every als Bridgemancame into the Harbor of new Providence with the Shipp _Charles_ als_Fancy_, which said Capt. Every and his Shipps Crew were few daysafter their arrivall thought and supposed to be by the Major Part ofthe Island of Providence to be guilty of piracy upon the open Seas, And that the with in mentioned John Devin was one of the ShipsCompany, and was lately apprehended and taken as one of the saidPirates in order to be brought to his Tryall, which was accordinglydone the 22d of this Instant August, and the Bill being presentedagainst the within mentioned John Devin to the Gran Jury, which sdGrand Jury found the Bill, and afterwards the sd John Devin wasbrought to the Court, and holding up his hand was arraigned; The PettyJury being sworne, the Attorney Gen'll opening the matter to the Courtand Jury against the sd John Devin, The Petty Jury returning to theCourt found the within mentioned John Devin not Guilty, upon which thesd John Devin was cleared by proclomation, as by the publick Entrysdoth and may more at large appear:

Whereupon and upon the humble Requestt to me made by the sd JohnDevin, I, Ellis Lightwood Esq. , Chief Judge, have thought fitt tocertifie this under my hand, and ordered the publick Seale of thisGoverment to be hereunto affixed as a Testimony of his the sd JohnDevins Innocency relating to the supposed piracy of Capt. Every alsBridgeman in the ship _Charles_ als _Fancy_. 

ELLIS LIGHTWOOD

[September (?)] the 20th Anno Dom 1698[ _blank_ ] LEIGHTON per Dom. Regem. Coppy examined by ELISHA COOKE, Clerk. [2]

[Footnote 2: Elisha Cooke the younger, clerk of the superior court ofMassachusetts from 1702 to 1718. ]

_67. Certificate for John Devin (Massachusetts). October 25, 1698. _[1]

[Footnote 1: Suffolk Court Files, Boston, no. 3765, paper 1. ]

New England. Anno Rs. Gulielmi 3d Decim. [2]

[Footnote 2: _I. E. _, _anno decimo Regis Gulielmi Tertii_, "in thetenth year of King William III. "]

At a Court of assize and General Goal Delivery holden at Boston forthe County of Suffolk, within his Maj'ties Province of theMassachusetts Bay in New England, upon the 25th Day of Octo'r 1698. 

John Devin, Chyrurgion, bound over by Recogniscance unto this Court, to answer what should be objected ag'st him on his Maj'ties behalf asbeing one of the Company belonging to the Ship _Charles_ al's_Fancey_, Henry Every al's Bridgeman Command'r, at the time whenseveral acts of Piracy were committed by the sd Every al's Bridgemanand Company in the aforesd Ship, upon the high Seas of India andPersia, and for aiding and assisting in the sd Piracys and shareing inthe Plunder so piratically taken. 

The sd Jno. Devin, being called, appeared and produced a Certificateund'r the hand of Ellis Lightwood Esq. , chief Judge of the Island ofProvidence, and the Public Seal of the Government there, Importingthat the sd Devin had lately been indicted, arraigned and tryed forthe same matters and Facts (whereof he is now inquired) In the KingsCourt within the sd Island of Providence and found not guilty by theJury, and clear'd by Proclamation, which afore cited Certificate beingread and other the proceedings in the case in the sd Court atProvidence, Proclamation was made, and nothing of further charge orEvidence appearing against the sd Jno. Devin, he was openly acquitted. Which at Request of sd Devin and by ord'r of his Maj'ties Justices ofAssize etc. Is hereby Certified under the Seal of the sd Court. Datedat Boston the Second day of November, Anno predict. [3]

[Footnote 3: _I. E. _, _anno predicto_, "in the year aforesaid". ]

_68. Deposition of Adam Baldridge. May 5, 1699. _[1]

[Footnote 1: Public Record Office, C. O. 5:1042, no. 30 II. Anendorsement shows that it was sent to the Lords of Trade withBellomont's letter of May 15, 1699, which is printed in _N. Y. Col. Doc. _, IV. 518-526. Capt. Adam Baldridge, as will be seen from some ofthe preceding narratives, had kept a rendezvous for pirates at St. Mary's Island, but he had now settled down as a respectable citizen ofNew York. Bellomont thought well of him at first (he "appears to be asober man and reported wealthy"), but was warned by the Board of Tradeof his connection with piracy, and later (note 19, _post_) had fullerinformation from Kidd. _Ibid. _, IV. 333, 552. ]

1. July the 17th 1690. I, Adam Baldridge, arrived at the Island of St. Maries in the ship _fortune_, Richard Conyers Commander, and on the7th of January 1690/1 I left the ship, being minded to settle amongthe Negros at St. Maries with two men more, but the ship went to PortDolphin[2] and was Cast away, April the 15th 1691, and halfe the mendrownded and halfe saved their lives and got a shore, but I continuedwith the Negros at St. Maries and went to War with them. Before mygoeing to War one of the men dyed that went a shore with me, and theother being discouraged went on board againe and none continued withme but my Prentice John King. March the 9th they sailed for Bonnovoloon Madagascar, 16 Leagues from St. Maries, where they stopt to take inRice. After I went to war six men more left the Ship, whereof two ofthem dyed about three weeks after they went ashore and the rest dyedsince. In May 91 I returned from War and brought 70 head of Cattel andsome slaves. Then I had a house built and settled upon St. Maries, where great store of Negros resorted to me from the Island Madagascarand settled the Island St. Maries, where I lived quietly with them, helping them to redeem their Wives and Children that were taken beforemy coming to St. Maries by other Negros to the northward of us about60 Leagues. 

[Footnote 2: Fort Dauphin, at the southeast point of Madagascar, builtby the French. ]

2. October 13, 1691. Arrived the _Batchelors delight_, Captain GeorgRaynor[3] Commander, Burden 180 Tons or there abouts, 14 Guns, 70 or80 men, that had made a voyage into the Red Seas and taken a shipbelonging to the Moors, as the men did report, where they took as muchmoney as made the whole share run about 1100 l. A man. They Careenedat St. Maries, and while they Careened I supplyed them with Cattel fortheir present spending and they gave me for my Cattel a quantity ofBeads, five great Guns for a fortification, some powder and shott, andsix Barrells of flower, about 70 barrs of Iron. The ship belonged toJamaica and set saile from St. Maries November the 4th 1691, bound forPort Dolphin on Madagascar to take in their provision, and December 91they set saile from Port Dolphin bound for America, where I have heardsince they arrived at Carolina and Complyed with the owners, giveingthem for Ruin of the Ship three thousand pounds, as I have heardsince. 

[Footnote 3: Josiah Rayner was associated with Tew, later with Every;Fletcher had, for a bribe, it was said, released his chest of treasurebrought to New York. ]

3. October 14th 1692. Arrived the _Nassaw_, Captain Edward CoatsCommander, Burden 170 Ton or there about, 16 Guns, 70 men, whereofabout 30 of the men stayed at Madagascar, being most of them concernedin taking the Hack boat at the Isle of May Colonel Shrymton over[owner?], the said Hack boat was lost at St. Augustin. Captain CoatsCareened at St. Maries, and whilst careening I supplyed them withCattel for their present spending, and the Negros with fowls, Rice andYams, and for the Cattel I had two Chists and one Jarr of powder, sixgreat guns and a Quantity of great Shott, some spicks[4] and nails, five Bolts of Duck and some Twine, a hogshead of flower. The ship mostof her belonged to the Company, as they said. Captain Coats set sailefrom St. Maries in November 92, bound for Port Dolphin on Madagascar, and victualed there and in December set saile for New-York. CaptainCoats made about 500 l. A man in the red Seas. [5]

[Footnote 4: Spikes. ]

[Footnote 5: In April, 1693, this Coats, in a ship now called the_Jacob_, anchored near the east end of Long Island, and sent men tobargain with Governor Fletcher for permission to enter and forprotection. They promised the governor £700 and secured protection, though in the end the owners gave him the ship instead. _N. Y. Col. Doc. _, IV. 223, 310, 386-388; _Cal. St. P. Col. _, 1697-1698, pp. 227-228. ]

4. August 7th 1693. Arrived the Ship _Charles_, John Churcher master, from New York, Mr. Fred. Phillips, owner, [6] sent to bring me severallsorts of goods. She had two Cargos in her, one Consigned to saidMaster to dispose of, and one to me, containing as followeth: 44 paireof shooes and pumps, 6 Dozen of worsted and threed stockens, 3 dozenof speckled shirts and Breaches, 12 hatts, some Carpenters Tools, 5Barrells of Rum, four Quarter Caskes of Madera Wine, ten Cases ofSpirits, Two old Stills full of hols, one worme, Two Grindstones, TwoCross Sawes and one Whip saw, three Jarrs of oyle, two small IronPotts, three Barrells of Cannon powder, some books, Catechisms, primers and horne books, two Bibles, and some garden Seeds, threeDozen of howes, [7] and I returned for the said goods 1100 pieces 8/8and Dollers, 34 Slaves, 15 head of Cattel, 57 barrs of Iron. Octoberthe 5th he set sail from St. Maries, after having sold parte of hisCargo to the White men upon Madagascar, to Mauratan to take in Slaves. 

[Footnote 6: Frederick Philipse (1626-1702), the richest trader in NewYork, but perhaps not the most scrupulous; see Henry C. Murphy, in hisedition of the _Journal of a Voyage to New York in 1679-80_ of JasperDanckaerts, pp. 362-365. The ship in which the two Labadistmissionaries, Danckaerts and Sluyter, came to America was also named_Charles_ and owned by Philipse. It was in this year 1693 thatGovernor Fletcher instituted for him the Philipse Manor. MaryPhilipse, who won the affections of young Major George Washington, washis great-granddaughter. It was said that Baldridge's establishment inMadagascar was sustained by Philipse's capital, to obtain for thelatter a share in the profits of piracy. _Cal. St. P. Col. _, 1697-1698, p. 108. ]

[Footnote 7: Hoes. ]

5. October 19, 1693. Arrived the ship _Amity_, Captain Thomas TewCommander, [8] Burden 70 Tons, 8 Guns, 60 men, haveing taken a Ship inthe Red Seas that did belong to the Moors, as the men did report, theytook as much money in her as made the whole share run 1200 l. A man. They Careened at St. Maries and had some cattel from me, but for theirvictualing and Sea Store they bought from the Negros. I sold CaptainTew and his Company some of the goods brought in the _Charles_ fromNew York. The Sloop belonged most of her to Bermudas. Captain Tew setsaile from St. Maries December the 23d 1693, bound for America. 

[Footnote 8: See doc. No. 63, note 16, _ante_. ]

6. August, 1695. Arrived the _Charming Mary_ from Barbados, CaptainRichard Glover Commander, [9] Mr. John Beckford marchant and partowner. The most of the ship belonged to Barbados, the Owners ColonelRussel, Judge Coats, and the Nisames [?]. She was burden about 200Tons, 16 Guns, 80 men. She had severall sort of goods on board. Ibought the most of them. She careened at St. Maries and in October sheset saile from St. Maries for Madagascar to take in Rice and Slaves. 

[Footnote 9: See doc. No. 65. ]

7. August 1695. Arrived the ship _Katherine_ from New York, CaptainTho. Mostyn Commander and Super Cargo, [10] Mr. Fred. Phillips Owner, the Ship Burden about 160 Tons, noe Guns, near 20 men. She hadseverall sorts of goods in her. She sold the most to the White menupon Madagascar, where he had Careened. He set saile from St. Mariesfor Mauratan on Madagascar to take in his Rice and Slaves. 

[Footnote 10: Another of those commissioned by Fletcher. Having noguns, the vessel must have been intended for illegal trade rather thanfor warfare. ]

8. December 7th 1695. Arrived the Ship _Susanna_, Captain ThomasWeak[11] Commander, burden about 100 Tons, 10 Guns, 70 men. Theyfitted out from Boston and Rhoad Island and had been in the Red seasbut made noe voyage by reason they mist the moors fleet. They Careenedat St. Maries and I sold them part of the goods bought of Mr. JohnBeckford out of the _Charming Mary_ and spaired them some Cattel, butfor the most part they were supplyed by the Negros. They stayed at St. Maries till the middle of April, where the Captain and Master and mostof his men dyed. The rest of the men that were left alive after theSickness Carried the Ship to St. Augustin, where they left her andwent In Captain Hore for the Red Sea. 

[Footnote 11: Or Wake. ]

9. December 11th 1695. Arrived the Sloop _Amity_, haveing no Captain, her former Captain Thomas Tew being killed by a great Shott from aMoors ship, [12] John Yarland master, Burden seventy Ton, 8 Guns, asbefore described, and about 60 men. They stayed but five dayes at St. Maries and set saile to seek the _Charming Mary_ and they met her atMauratan on Madagascar and took her, giveing Captain Glover the Sloopto carry him and his men home and all that he had, keeping nothing butthe ship. They made a new Commander after they had taken the ship, oneCaptain Bobbington. After they had taken the ship they went into St. Augustine Bay and there fitted the ship and went into the Indies tomake a voyage and I have heard since that they were trapaned and takenby the Moors. 

[Footnote 12: See doc. No. 63, note 16, _ante_. ]

10. December 29 1695. Arrived a Moors Ship, taken by the _Resolution_and given to Captain Robert Glover and 24 of his men that was notwilling to goe a privateering upon the Coasts of Indies, to carriethem away. The Company turned Captain Glover and these 24 men out ofthe Ship, Captain Glover being parte Owner and Commander of the sameand Confined prisoner by his Company upon the Coast of Guinea byreason he would not consent to goe about the Cape of good hope intothe Red Sea. The ship was old and would hardly swim with them to St. Maries. When they arrived there they applyed themselves to me. Imaintained them in my house with provision till June, that shipingarrived for to carry them home. 

11. January 17th 1696/7. Arrived the Brigantine _Amity_, that wasCaptain Tew's Sloop from Barbadoes and fitted into a Brigantine by theOwners of the _Charming Mary_ at Barbados, Captain Richard GloverCommander and Super Cargo. The Brigantine discribed when a Sloop. Shewas laden with severall sorts of goods, part whereof I bought and partsold to the White men upon Madagascar, and parte to Captain Hore andhis Company. The Brigantine taken afterwards by the _Resolution_ atSt. Maries. 

12. February the 13th 1696/7. Arrived Captain John Hor's Prize fromthe Gulph of Persia and three or four dayes after arrived CaptainHore[13] in the _John and Rebeckah_, Burden about 180 Tons, 20 Guns, 100 men in ship and prize. The Prize about 300 Ton Laden withCallicoes. I sold some of the goods bought of Glover to Captain Horeand his Company as likewise the white men that lived upon Madagascarand Captain Richard Glover. 

[Footnote 13: See doc. No. 65, note 17. ]

13. June the ---- 1697. Arrived the _Resolution_, Captain ShiversCommander, Burden near 200 Tons, 90 men, 20 Guns, formerly the shipbelonged to Captain Robert Glover but the Company took her from himand turned him and 24 more of his men out of her by reason they werenot willing to goe a privateering into the East Indies. [14] they metwith a Mosoune[15] at sea and lost all their masts and put intoMadagascar about 10 Leagues to the Northward off St. Maries and theremasted and fitted their ship, and while they lay there they took theBrigantine _Amity_ for her watter Casks, Sailes and Rigeing and Masts, and turned the Hull a drift upon a Rife. [16] Captain Glover promisedto forgive them what was past if they would Let him have his shipagain and goe home to America, but they would not except he would goeinto the East Indies with them. September the 25th 97 they set saileto the Indies. 

[Footnote 14: See doc. No. 65. ]

[Footnote 15: Monsoon. ]

[Footnote 16: Reef. ]

14. June 1697. Arrived the ship _Fortune_ from New York, CaptainThomas Mostyn Commander, and Robert Allison Super Cargo, the ShipBurden 150 Tons or there abouts, 8 Guns, near 20 men, haveing severallsorts of goods aboard, and sold to Captain Hore and Company and to theWhite men upon Madagascar. 

15. June ---- 1697. Arrived a Ship from New York, Captain CorneliusJacobs Comander and Super Cargo, Mr. Fred. Phillips owner, Burdenabout 150 Ton, 2 Guns, near 20 men, haveing severall sorts of goods aboard, and sold to Captain Hore and his Company and to the White menon Madagascar, and four Barrells of Tar to me. [17]

[Footnote 17: When this ship came back, richly laden, Philipse sentout a sloop to meet her, which off the New Jersey coast quietlyunloaded all of her cargo but the negroes, and sailed with it toHamburg. _Cal. St. P. Cal. _, 1697-1698, p. 414. ]

16. July the 1st 1697. Arrived the Brigantine _Swift_ from Boston, Mr. Andrew Knott Master[18] and John Johnson Marchant and parte owner, Burden about 40 Tons, 2 Guns, 10 men, haveing severall goods aboard. Some sold to Captain Hore and Company the rest put a shore at St. Maries and left there. A small time after her arrivall I bought threeQuarters of her and careened and went out to seek a Trade and tosettle a forraign Commers and Trade in severall places on Madagascar. About 8 or 10 dayes after I went from St. Maries the Negros killedabout 30 White men upon Madagascar and St. Maries, and took all thatthey or I had, Captain Mostyn and Captain Jacobs and Captain Hor'sShip and Company being all there at the same time and set saile fromSt. Maries October 1697 for Madagascar to take in their Slaves andRice. Having made a firm Commerse with the Negros on Madagascar, at myreturn I met with Captain Mostyn at sea, 60 Leagues of St. Maries. Heacquainted me with the Negros riseing and killing the White men. Heperswaded me to return back with him and not proceed any further, forthere was noe safe goeing to St. Maries. All my men being sick, aftergood consideracion we agreed to return and goe for America. 

[Footnote 18: In 1690 he had commanded a ship in Sir William Phips'sunsuccessful expedition against Quebec. For his connection with Kidd, see _post_, doc. No. 85, note 7. ]

The above mentioned men that were killed by the Natives were most ofthem privateers that had been in the Red Seas and took severall shipsthere, they were cheifly the occasion of the natives Riseing, by theirabuseing of the Natives and takeing their Cattel from them, and weremost of them to the best of my knowledge men that came in severallShips, as Captain Rainor, Captain Coats, Captain Tew, Captain Hore, and the _Resolution_ and Captain Stevens. [19]

ADAM BALDRIDGE. 

Sworne before me in New York 5th of May 1699 A. D. PEYSTER[20]

 A true copy BELLOMONT. 

[Footnote 19: Such is Baldridge's tale of innocence, but Kidd toldBellomont that "Baldridge was the occasion of that Insurrection of theNatives and the death of the pirates, for that having inveigled agreat number of the natives of St. Maries, men, women and children, onboard a ship or ships he carryed and sold them for slaves to a FrenchIsland called Mascarine or Mascaron, which treachery of Baldridges theNatives on the Island revenged on those pirates by cutting theirthroats. "]

[Footnote 20: Abraham de Peyster, a member of the New York council andan assistant judge of the supreme court. ]

 * * * * *

_69. Warrant for Commissioning of Admiralty Judge. April 29, 1697. _[1]

[Footnote 1: New York State Archives, Albany: Historical MSS. , vol. XLI. , p. 60. The commissions of admiralty judges had originally beenissued on warrant from the Lord High Admiral. Since 1673, however, except for two brief periods, the latter's duties have always beenperformed by the "Lords Commissioners for executing the Office of LordHigh Admiral" (Admiralty Board, or Lords of the Admiralty). On April29, 1697, the board consisted of the two distinguished admirals SirEdward Russell (created earl of Oxford eight days later) and SirGeorge Rooke, Sir John Houblon, governor of the Bank of England, Col. James Kendall, ex-governor of Barbados, and four others. The warrantis not addressed to any governor by name; Bellomont was notcommissioned (as governor of New York, Massachusetts, and NewHampshire) till June 18, 1697. ]

By the Comiss'rs for Executing the Office of Lord high Admirall ofEngl'd. Irel'd. Etc. 

Whereas, in pursuance of His Ma'tis pleasure signified to Us by theRt. Hon'ble Mr. Secretary Trumbull, Wee have appointed Mr. WilliamSmith to be Judge, Mr. John Tudor Register, Mr. Jarvis Marshall, Marshall, and Mr. James Graham, Advocate of the Vice Admiralty ofNew-Yorke, and Connuticutt, and East-Jersey:[2] You are thereforehereby Empower'd and directed, to give unto them Commissions for theirsaid Employm'ts respectively; And in case of the death, or inabillity, by sickness, or otherwise, of any of the said persons, You are toappoint others in their roome: and Transmitt to Us the Names of suchpersons as You do so appoint; Dated at the Admiralty Office this 29thof April 1697. 

[Footnote 2: William Smith was already chief-justice of the supremecourt of the province, and a member of the council. Jarvis Marshallhad been messenger of the council. James Graham was speaker of theassembly, attorney-general, and recorder of the city of New York. ]

To his Ma'tis Governour of RUSSELL. New-Yorke and Connuticutt, G. ROOKE. And East-Jersey/ for the time JNO. HOUBLON. Being. KENDALL. 

By Command of their Lord'ps WM. BRIDGEMAN. 

 * * * * *

_70. Proclamation of Lieut. -Gov. Stoughton. June 4, 1698. _[1]

[Footnote 1: Mass. Archives, vol. 62, p. 253. William Stoughton, lieutenant-governor of Massachusetts 1691-1701, acted as governor fromthe departure of Governor Phips for England in 1694 to the arrival ofGovernor Bellomont in the province, May 26, 1699. Bellomont in June, 1698, was in New York. In the period to which most of our documentsbelong there was always an outburst of piracy after the conclusion ofa war, because multitudes of privateers found their occupation gonewhen peace was proclaimed, and some of them were sure to turn to theallied trade of piracy. The peace of Ryswyk, between France and GreatBritain, Spain, and Holland, Sept. 20, 1697, had had this effect atthe time of Stoughton's proclamation. ]

William Stoughton Esqr. , Lieutenant Governour and Commander in chiefin and over his Ma'tys Province of the Massachusetts Bay in NewEngland

To the Sheriff of the County of Suffolke, his Under Sheriff or Deputyor Constables of the respective Towns within the sd County and to eachand every of them to whom these presents shall come, Greeting. 

Whereas I am informed That sundry wicked and ill disposed persons, suspected to have committed divers inhumane and hostile Acts anddepredations upon the Subjects and Allies of other Princes and Statesin Forreign parts in Amity with his Ma'ty, are lately landed and seton shore on or about Long Island, Rhode Island and parts adjacent, having brought with them quantitys of Forreign Coynes, silver, Gold, Bullion, Merchandize and other Treasure, Some of which persons(unknown by name) may probably come into this his Ma'tys Province andtransport their moneys, Merchandize and Treasure hither, These are therefore in his Ma'tys name strictly to command and requireyou to make diligent search within your several Precincts for suchsuspected persons, and to apprehend and seize every such person orpersons, his or their money, gold, bullion, Merchandize and Treasure, and to bring the same before the next Justice of the Peace to beexamined and proceeded against as the Law directs. And you are torequire and take such a number of persons, with Armes or otherwise, unto your Assistance as you shall think meet for the seizing andapprehending such suspected person or persons aforesd. And carryinghim or them before the next Justice or Justices. And all his Ma'tyssubjects are required to be aiding and assisting unto you in theExecution of this Warrant, as they will answer their refusal orneglect at their peril. And hereof you or they may not faile. And makereturn of this Warrant with your doings thereupon. Given under my handand seal at Armes at Boston the Fourth day of June 1698, In the tenthyear of his Ma'tys Reign. 

WM. STOUGHTON. 

CASE OF WILLIAM KIDD. 

_71. Deposition of Benjamin Franks. October 20, 1697. _[1]

[Footnote 1: Public Record Office, C. O. 323:2, no. 124 I. WilliamKidd, the most famous pirate in American history, was a Scot, born inDundee in 1654. In 1689-1690, in command of a captured ship, he took acreditable part in the attacks on Mariegalante and St. Martin's byCaptain Hewetson, who at Kidd's trial testified to his bravery; but afew weeks later his men, ex-pirates apparently, ran away with hisship. _Cal. St. P. Col. _, 1689-1692, pp. 122, 226, 227; Hargrave, _State Trials_, V. 326. In 1689 he settled in New York, where he seemsto have been well regarded; in the record of his marriage license, May16, 1691 (_N. E. Hist. Gen. Reg. _, VI. 63) he is styled "William Kidd, Gentleman, " and two days earlier the New York assembly (_Journal_, ed. 1764, I. 6, 13) voted him a gratuity of £150 for services inconnection with the arrival of Governor Sloughter. In 1695, Kidd beingthen in England, Robert Livingston of New York arranged in London withLord Bellomont, who had been designated but not yet commissioned as agovernor in America, and with others, for a privateering voyage underKidd's command. Other sharetakers were Sir Edward Russell, first lordof the admiralty, Sir John Somers, lord keeper of the great seal, theDuke of Shrewsbury, secretary of state, and the Earl of Romney, master-general of the ordnance; and the king himself was to receiveone-tenth of the profits of the cruise. Kidd's letter of marque, datedDec. 11, 1695, is in Hargrave's _State Trials_, V. 307. To it wasadded, Jan. 26, 1696, _ibid. _, 308, a commission to apprehend pirates. Kidd sailed from England in April, 1696, in the _Adventure Galley_, 287 tons, 34 guns, 70 men. At New York he increased his crew to 155men (there is a list of them in _Cal. St. Pap. Col. _, 1700, p. 199), and sailed thence in September for Madagascar and the East Indies. Whether it was by his fault that the _Adventure Galley_ slipped fromprivateering and the search for pirates into acts of piracy, orwhether, as Kidd alleged, his men forced his hand, has been doubted, but it is probable that he shared the guilt. In the summer of 1698complaints began to come in from India and from the East IndiaCompany, and in November, 1698, orders were sent to the governors ofcolonies in America to apprehend Kidd as a pirate whenever he shouldappear. The ensuing papers, especially his own narrative andBellomont's letters, tell the story of his arrival and arrest. Asunder Massachusetts law he could not be condemned to death for piracy, he was, probably illegally, carried to England in the spring of 1700, and there tried at the Old Bailey for the murder of one of his men andfor piracy. After an unfair trial and on insufficient evidence, he wascondemned, and was hanged at Execution Dock May 23, 1701. 

As to Benjamin Franks, we learn from a deposition of William Cuthbert(_Journal of the House of Commons_, XIII. 26) that two of Kidd's mendeserted him at Carwar because of his attempts and designs towardpiracy and his cruel conduct toward his men; Franks, Hebrew jewellerof New York, was apparently one of the two. Apparently he was a Danishsubject; Westergaard, _Danish West Indies_, p. 110. ]

The Deposition of Benjamin Franks aged about 47 years (who came out inthe _Adventure Gally_, a Privateer, Captain William Kid Comander)Inhabitant of New York. 

Declareth That having lived in Barbadoes and Jamaica and traded inseverall parts of the West Indies, meeting of late with great lossesof above £12, 000 sterling by the Earthquake and Enemyes and throughmisfortune, came to New York and there finding Captain Kid comeing outwith a full Power to the East Indies to take the Pyrates, which heshewed me by the means of my Friends, so resolved to go with him tothe East Indies and to remain there at Surrat or any other place whereI could best follow my profession, being a Jeweller, for he told me hewould put into some of the said Parts. Wee sailed from New York the6th September 1696 in Company with a Brigantine belonging to Bermudas, bound to the Maderaes. There met with a Brigantine from Barbadoesbound for England who had lost her Mast and Boltsprit, whom CaptainKid assisted with a Mast, Riggin and Canvas, for which kindness [the]Master gave him a few flour Barrells with Sugar. The same Brigantineafter she had what she wanted proceeded on her Voyage. And a day ortwo after wee espyed a Ship whom Wee gave chase to three days and cameup with her, found her to be a Portuguez from Brazile bound to theMaderaes. The Captain of the Portuguez pre[sen]ted Captain Kid with aRoll of Brazile Tobacco and some Sugar, in lieu of which Captain Kidsent him a Cheshire Cheese and a Barrell of White Bisket, but throughmistake of the Steward the Barrell thought to be Bisket proved to beCutt and Dry Tobacca. So Wee proceeded to Maderaes and saw theBrigantine in safe that came under our Convoy. Wee stayed there oneday. Before wee departed from thence the Portuguez ship came in. Thence wee went to Bona Vista, [2] took in some Salt, thence to St. Jago, tooke in Water and some Provisions; from St. Jago wee steeredour course for Cape Bona Esperanza, [3] but before wee got to theLatitude thereof Wee met with three English Men of War and a Fireship, Captain Warren in the _Windso[r]_ Comodore, [4] Captain Acton in the_Advice_, [5] the _Tyger_ and Fire Ship I do not know the Commandersnames. I was on board the Commodore when he told me that KidsCommission was firm and good and that he would not molest or hinderhis proceedings for his puting his hands to his Ears, and discoursingof severall other things of the Voyage amongst the rest the Commodoretold Kid he had lost a great many of his men and asked him to sparehim some, who answered that he would let him have 20 or 30, and abouta day or two after Kid went on board one of the Men of War again andin the Evening came on board his own ship very much disguised withdrink and left the Men of War without sparing them the men hepromised. Some time after had sight of the Cape, did not put in butwent directly for Madagascar and imported at a place calledTalleer, [6] where took in some Water and provisions. After our beingthere some time came a Sail in sight and came to an Anchor inAugustine Bay, upon which wee weighed Anchor and came to her, the twoPorts being but a little way distant each from other. We found her tobe a Sloop from Barbadoes come to buy Negroes, after which Weereturned to Talleer, our former Port, and the next day the Master ofthe Sloop came on board Us being very ill when he came. A few dayesafter ordered the Sloop to come down to Talleer, and the same day shecame down the Owner and Merchant[7] dyed on board of us, and he thatsucceeded him could by no Means agree with the Master of the Sloop butcontinually a quarrelling and fighting. Our Captain did what he couldto make up the difference between them but to no purpose. So when weehad done getting our provisions etc. On board Wee sailed forJohanna, [8] and the Sloop followed us, and seeing two Ships gave themChase, found them to be both East India Men and so went in together inCompany to Johanna and two India Men came in after. Wee took in SomeWater and went to Mohilla[9] to clean our Ship. And this Sloop stillfollowed Us, but our Captain told him severall times to be gone andagree amongst themselves, but they took no notice thereof, continuingwith Us all the time of our Stay here, being about 5 weeks, whereburyed severall of our Company but the just number I know not. WhenWee had been there about 5 weeks a Pinnace came on board of Us withsome Men, the quantity I know not, for being mortall sick, theMerchant of the Sloop dyed there too. Wee returned from this place toJohanna and the Sloop in our Company. Wee took in some more water andsome French Men, the quantity I know not for I was carryed a shoarsick and lay a shoar all the time wee lay at Johanna. We sailedthence, leaving the Sloop behind Us, directly for India and touched ata place called Motta. [10] there was 5 Junks ashoar and at an Anchorditto place. Our Captain wanted to take in some water, sending thePinnace ashoar for some, which the Natives refused, upon which ourCaptain next morning sent both Boats with a matter of 40 Men orthereabouts with Armes, as I heard lying very Sick of a Feaver, Agueand Flux, and that he had bought two Cowes and some dates, and 2 dayesafter the People run away into the Mountains, as I heard. After theyrun away the People sent a shoar, found India Corn and Garravances[11]in great holes, and brought off likewise six of the Natives, of whomfour leaped overboard in the Night and swam ashoar. The other two gave{3} Cowes and 2 sheep for their ransom, as I heard of the Seamen, lying very ill. From thence wee went to the Babs[12] and thereanchored to wait for the Pyrates, as the Seamen said, but meeting withnone, sending the Pinnace out 3 or 4 times, as I heard of the Seamen, but at Carwar ashoar I heard of the Seamen that they was to go toMocho. [13] after the Pinnace went with the Captain, Quarter-Mastercame back and gave an account there was 17 Sail, which I heard of theSeamen as I lay very ill. Our Captain ordered two men ashoar on one ofthe Babs. When the Fleet came in sight the Men waved the Jack. [14] thewhole Fleet came by the Babs on a Saturday in the evening in the monthof August, but the day of the month I do not remember. Our Captainweighed and stood amongst the Fleet, as I heard of the Seamen. Thenext morning at break of day one of the Fleet began to fire at Us, asI heard of the Seamen, which alarming the rest they all did the same. There was one Ship which the Captain said was a Mallabar, pretty nearUs, as I heard of the Seamen. Then our Captain ordered the People torow up to him, being but little Wind, then the Mallabar fired at Usand our Captain at him severall Guns. At last our Captain perceivingan English and Dutch Colours did all he could to get away. The Captaindesigned to go to the high Land off St. Johns. [15] meeting with asmall Vessell under English Colours he chased her and comanded theMaster to come on board and plundered the Ship. I hearing a greatnoise asked what it was. They told me that our Folks beat the Peopleaboard of the little ship and against night I heard there was aPortuguez. So doing my endeavour to creep up to speak to the Portuguezand asked him what was the best news, he told me that he and theMaster was forced to stay on board of our Ship, and that he did belongto Bombay, and that our Captain had taken out some Rice, Raisons andold Cloths and some Money. I heard of the Seamen that our Captain hadInformation of three ships that had gone out of Aden bound forCallicut being off Carwar, and being in necessity for Wood and Waterput in there, at which time I made great intercession to the Captainfor leave to go ashoar, which at last I obtained by giving him aBeaver Hat, for he was unwilling to let any go ashoar but whom hethought he could trust, for fear they should run away for most of hispeople seemed dissatisfyed and would I believe do as I have done inmaking their Escape if had opportunity, for the Carpenter and his matewith severall others does design to run away with the Pinnace. This Ido swear by the old Testament to the best of my knowledge and what Ihave heard of the Seamen that all the above written is true. 

BENJAMIN FRANKS. 

Bombay the 20th October 1697. Sworn before me:

[Footnote 2: One of the Cape Verde Islands; Santiago is a largerisland of the same group, farther south. ]

[Footnote 3: The Cape of Good Hope. ]

[Footnote 4: Capt. Thomas Warren, R. N. ]

[Footnote 5: Capt. Edward Acton, R. N. ]

[Footnote 6: Tullear, near St. Augustine's Bay, on the southwest coastof Madagascar. ]

[Footnote 7: Supercargo. ]

[Footnote 8: See document no. 63, note 11. ]

[Footnote 9: Mohelli, another of the Comoro group. ]

[Footnote 10: "Matta in the Red Sea, " says William Jinkins of Bow, inhis deposition in _Commons Journal_, XIII. 24. ]

[Footnote 11: Chick-peas. ]

[Footnote 12: The straits of Bab-el-Mandeb. ]

[Footnote 13: Mocha; see document no. 63, note 16a. Carwar is on thewest coast of Hindustan, some 350 miles south of Bombay. ]

[Footnote 14: See document no. 33, note 15. ]

[Footnote 15: Probably Diu, in northwest India. ]

_72. The President and Council of the Leeward Islands to SecretaryVernon. May 18, 1699. _[1]

[Footnote 1: Public Record Office, C. O. 152:3, no. 21. This letterconveyed to the British government its first knowledge of the returnof Captain Kidd to the western hemisphere. The Leeward Islands--Antigua, Montserrat, Nevis, St. Christopher, the most important beingNevis--constituted at this time one government, though withsubordinate administration in the several islands. The governor havingdied, the council, of which William Burt was president, was acting asgovernor till a new governor should arrive. Burt and the other signersof this letter were all of Nevis. James Vernon, to whom the letter isaddressed, was secretary of state; he was the father of AdmiralVernon, for whom Mount Vernon was named. ]

_Right Honourable Sir_

Your Letter of the 23d of November last[2] in relacion to thatnotorious Pirate Captain Kidd came safe to our hands, and shall takeparticular care to put the same in execucion, and in order theretohave sent copies thereof to the Lieutenant or Deputy Governor of eachrespective Island under this Government; since which wee have had thisfollowing account of the said Kidd (vizt. ) That he lately came fromMallagascoe in a large Gennouese vessell of about Foure hundred Tonns, Thirty Guns mounted, and eighty men, [3] and in his way for thesepartes his men mutinyed, and thirty of them lost theire Lives; Thathis vessell is very Leaky; and that they are very much in want ofProvisions; And that severall of his men have deserted him soe that hehas not above five and twenty or thirty hands on board; about twentydayes since he touched at Anguilla, a small Island under thisGovernment, where he Tarryed about foure houres; but being refusedsuccour Sailed thence for the Island of St. Thomas (an Islandbelonging to the Crowne of Denmarke)[4] and Anchored off that Harbourthree dayes, in which time he treated with them alsoe for releife; butthe Governor absolutely Denying him, he bore away farther to Leeward(as it is beleived) for Porto Rico or Crabb Island;[5] upon whichadvice wee forthwith ordered his Majesties Shipp _Queeneburrough_, nowattending this Government, Captain Rupert Billingsly Commander, tomake the best of his way after him; and in case he mett with him tosecure him with his men, vessell and effects, and bring them upphither, That no Imbezlement may be made, but that they may be securedtill wee have given you advice thereof, and his majesties pleasurerelateing thereto can be knowne. Wee shall by the first conveniencietransmitt the like account of him to the Governor of Jamaica, soe thatif he goes farther to Leeward Due care may be taken to secure himthere; As for those men who have deserted him, wee have taken allpossible care to apprehend them, especially if they come within thedistricts of this Government, and hope on returne of his majestiesFriggatt shall be able to give you a more ample account hereof. 

Wee are with all due Respects

Right Honorable

Your most obedient humble servants

 WM. BURT. JNO. SMARGIN. MICH. SMITH. RICHD. ABBOTT. DAN. SMITH. 

NEVIS the 18th May 1699

[Footnote 2: Printed in the _Commons Journal_, XIII. 16. It was thecircular letter to colonial governors ordering them to apprehendKidd. ]

[Footnote 3: The _Quedah Merchant_; see _post_. She is here spoken ofas Genoese, but other documents of the time speak of her as "Moorishbuilt. "]

[Footnote 4: And now belonging to the United States. On Kidd at St. Thomas, see document no. 83, _post. _]

[Footnote 5: Now commonly called Vieques, a small island lying a fewmiles east of Puerto Rico, and also now belonging to the UnitedStates. ]

_73. Examination of Edward Buckmaster. June 6, 1699. _[1]

[Footnote 1: Oxford, Bodleian Library, Rawlinson MSS. , A. 272, fol. 48; also in the Public Record Office, C. O. 5:1042, no. 40 XI. EdwardBuckmaster, "one of Shelley's men", was committed June 7, and brokeprison Aug. 25. _Cal. St. P. Col. _, 1699, pp. 278, 401. A year later, though he was supposed to be still alive, a rascally chaplain of thefort at New York married his wife to Capt. Adam Baldridge of documentno. 68, obtaining a marriage license for "Adam Ball" and adding"-dridge" afterward. _N. Y. Col. Doc. _, IV. 333, 413, 766. ]

Taken this 6 June 1699. 

The Answer of Edward Buckmaster to severall questions put to him bythe Honorable John Nanfan, Esqr. , Lieutenant Governor of thisprovince, [2] the said Buckmaster being sworne to answer all suchQuestions as should be demanded of him. 

[Footnote 2: Capt. John Nanfan, a cousin of Bellomont's wife, waslieutenant-governor of New York under him, and administered theprovince during Bellomont's absence in Massachusetts. ]

Impr[imi]s. That the first land they made after they parted from thisport in the _Adventure Galley_, Capt. William Kidd Commander, was theIsland of Maderas, from whence they went directly to Madagascar, wherethey staid about A month to victual and careen. That there were novessels at Madagascar when they came there. That they sailed fromthence to a small Island called Johanna, lying in the Latitude of 12degrees south, and from thence to Mahela, Lying in the Latitude of 11degrees south; that they staid at the said Johanna and Mahela twoMonths where the Natives supplyed them with provisions. That therewere four East India ships belonging to the Company at the IslandJohanna at the same time they were there, the one called the _EastIndia Merchant_ the second the _Maderasse_, the third was a fly boat, and the fourth he knows not the name of. 

_Item. _ That from thence they sailed along the shore of Magellona[3]in the redd sea but saw no vessels till they came into the Latitude of12 degrees north. That there they Met with several ships, some withEnglish, some with Dutch, and some with Moors Colours, with whom theysailed in Company for Twenty five dayes but were not on board any ofthem. That the name of the one was the _Scepter_, [4] which ship fireda Gunn or Two At Capt. Kidds Galley. 

[Footnote 3: Somaliland, probably. ]

[Footnote 4: An English frigate. The events that follow are more fullydetailed in Kidd's narrative, document no. 76, _post_. ]

_Item. _ That they tooke a ship on the coast of Mallabar that had afrench pass, and French Master on board, with two Other white men, hebelieves them Dutch men, the rest all Moors; she was about 200 Tuns, made no resistance, and that they shared out of her four Bailes ofCallicoes each Man. That afterwards the _Adventure Galley_ sunck atSaint Maries, and Kidd and Company went on board the prize. 

_Item. _ That Capt. Kidd had made no good voyage, having no money andonly 160 Bailes of Callicoes on board. 

_Item. _ That he the said Buckmaster Left the said Capt. Kidd the lastday of May 1698 and went on board the ship _Resolution_, Capt. RobertCulliford Comander, [5] as a volunteer before the Mast, and went outCruising with him but tooke no vessel dureing the voyage though theyContinued Cruising from May to December. The said Culliford had fortyGunns mounted and 120 men. He had been in those parts seven yeares onthe account. 

[Footnote 5: Culliford was a noted pirate, who for a time commandedthe _Mocha_ frigate, which had been stolen from the East IndiaCompany; and this _Resolution_ was the _Mocha_ renamed, not the_Resolution_ of document no. 68, par. 13. ]

_Item. _ That he quitted the said Culliford the Middle of December lastand went on board the ship _Nasaw_, Giles Shelley Master, [6] that wentfrom New yorke to Madagascar to trade there (the said Buckmaster beingwilling to come home to his family, the said Shelley being bound backto New Yorke), that he gave the said Shelley 100 pieces of Eight forhis passage, which was the Comon rate and which sume he believes Fiftymore passengers that came from on board pyrate ships at Madagascar andSaint Maries gave to the said Shelley, the said Shelley as hebelieves well knowing what ships they had been in and what designethey came from. 

[Footnote 6: Shelley, fitted out from New York in 1698 by StephenDelancey and others, was suspected of piracy. In a letter of May 27, 1699, to Delancey, from Cape May, he speaks of bringing in 15, 000dollars of passage money. _Cal. St. P. Col. _, 1699, p. 281. He hadlived in New York since 1688. See also doc. No. 85, note 17. ]

_Item. _ That the said Shelley sailed from the Island Saint Maries inthe East Indies to Chyan[7] where he stayd three or four dayes. 

[Footnote 7: Cayenne, probably. ]

_Item. _ That five or six of the persons that belonged to Capt. Culliford in the East Indies went on board Capt. Gravenreadt[8] out ofShelleys ship, when she came on this coast at Cape May, which Capethey made on Friday sevennight last. [9] Gravenreadts vessel lay abouttwo miles from Shelleys ship, but the said Gravenreadts came on boardshelleys ship, and believes made an agreemt. With the several men hetook on board with him for their passages to [_blank_]: Vizt. RobertEnglish, Jan Spons, Theophilus [_blank_][10] and two or three Others. That John Elderige, ---- Stanton, and Doctor ---- Badwain[11] went onshore at Cape May: they also came from on board Culliford. 

[Footnote 8: Andreas Gravenraedt of New York. On this very day, June6, Governor Blakiston of Maryland was seizing him and his ship in theSevern River. _Cal. St. P. Col. _, 1699, p. 287. ]

[Footnote 9: May 26. ]

[Footnote 10: Turner. He turned king's evidence. See the nextdocument. ]

[Footnote 11: Kidd's physician was Robert Bradinham; he also turnedking's evidence. ]

_Item. _ That they came to Sandy Hook on Fryday last in the Evening, that the said Edward Buckmaster, Paul Swan, Jonathan Evans and Ottovan Toyle went on shore at the west end of long Island on Saturdaylast at seven of the Clock in the Evening, they also belonged toCulliford; that he was at New Utrecht yesterday and came to New Yorkelast night. That he has been often in the hold of Shelleys shipdureing the voyage but saw nothing but water Casks, and that he neversaw but four Gunns on the Deck since he was on board. 

That one Capt. Shivers[12] came to saint Marys with a ship called the_soldado_ of 40 Gunns while Shelley was there, which ship is runashore. 

[Footnote 12: See document no. 68, par. 13. ]

That he did not see the _Quedaw Merchant_ nor Capt. Wright. 

That he was at Callicut and Carresaw[13] in Kidds ship. 

[Footnote 13: Carwar?]

A True Copy. BELLOMONT. 

_74. Deposition of Theophilus Turner. June 8, 1699. _[1]

[Footnote 1: Public Record Office, C. O. 5:714, no. 70 VI. Original; acopy (no. 70 II. ) is marked as sworn to before Colonel Blakiston, governor of Maryland, on June 8, 1699. ]

Maryland scilicet

Came Theophilus Turner, Borne at Heckfield near Hartley roade inHampshire, Aged about thirty years, and being sworne upon the HolyEvangelists to declare the truth of what he knows concerning any Actsof Pyracy comitted by him or any others, saith:

That he sayled out of London about three years agoe in the Ship_Hanniball_, Captain William Hill Commander, which ship was a Merchantship mounted with thirty two Gunns and Navigated with seventy Men, andwent upon the Coast of Guinea, where the Captain put his Men to veryshort allowance so that severall of them, vizt. Henry Webber, 3d Mate, who afterwards Comanded the said ship, and severall others, took theship from him and went to Brasile, where the Deponent and some othersleft the ship. After that the Deponent had lived at Brasile about oneyeare, a French Vessell which had lost her top mast arrived thereunder the Comand of Mounsieur de Ley, on Board of which Vessell thedeponent embarqued himselfe for the Coast of India, the said De Leybeing bound to Bengall, in the Voyage whereto they touched at theIsland of Johannah, an Island [whose] inhabitants are Arabians, whichwas in the Month of May or June 1698: and riding there at Anchor withthe said ship, came a ship of fourty Gunns called the _Resolution_ bythe Men on Board, But understood her right name was the _Moco_, [2]from Madagaskar, Navigated with about 130 or 140 Men under the Comandof Captain Robert Culliford. De Ley weighed one Anchor and cut theother Cable, but Culliford chasing him took him and brought thedeponent on Board them, being the only Englishman on board De Ley, andexamined him concerning Deleys Loading, with many threats. After theyplundered the ship and found there 2000 l. In money, besides Wine andCloath, which they took, and because the Deponent was an Englishmanthey would not let him go on board De Ley again but kept him. Afterwhich the said Culliford sayled with the said ship upon the Coast ofIndia: and about the middle of August came up with a Pyrate, who cameout of America some where near Rhroad Island under the Comand ofRichard Chivers, had 80 or 90 men and twelve Gunns, who kept Companyand Consorted with Culliford. And about the End of September last theymet off of Suratt with a turkey ship belonging to Suratt, whichChivers crew boarded: and the Quartermaster and some of Cullifordscrew went on Board: she was laden with Pieces 8, Gold and Dollers, wasreputed to the vallue of one Hundred and twenty or thirty thousandpounds. There were some shots made and several turks were killed andwounded and two or three of Chivers Company: they put the men onshoare on the Coast of India, sunck their own ship and took the turkeyship and then shared the money, about 700 or 800 l. A man in eachship, and gave the Deponent who pumped for them on occasion and wasready at call 250 l. , not deeming him as one of them but in the natureof a prisoner, and told him if that he would go out with them theirnext Voyage, he should be all one as the rest. Thence the saidCulliford and Chivers sayled to Madagascoe, Port St. Marys, a largeIsland about three or four Hundred Leagues in Length inhabited by anumerous people being Negroes. 

THEO. TURNER. 

Juratus coram me, N. BLAKISTON. 

[Footnote 2: The _Mocha_ had been a frigate belonging to the EastIndia Company. Piratical members of the crew, especially James Gillam, had murdered the captain and had seized the ship. ]

_75. Memorial of Duncan Campbell. June 19, 1699. _[1]

[Footnote 1: Public Record Office, C. O. 5:860, no. 64 IV. ; a copycertified by Bellomont, and endorsed, "Copy of a Memorial of Mr. Campbell who had been sent by the Earl of Bellomont to Captain Kidd, about what Kidd had said to him. . . . Referred to in the Earl ofBellomont's Letter of the 26th July 1699. Received [_i. E. _, by theBoard of Trade] September 26th, Read 26th, 1699. " This memorial isprinted, with slight inaccuracies, in the _Commons Journal_, XIII. 21-22, and thence reprinted in Sir Cornelius N. Dalton's _The RealCaptain Kidd_, pp. 315-321 (a book of slight value as a vindication ofKidd, but reprinting useful documents); but the _Commons Journal_ isin few American libraries, and the document is essential to the storyof Kidd, and therefore is printed here. Duncan Campbell, a Scot likeKidd, had been a bookseller in Boston, and was now postmaster there. John Dunton describes him (1686) as "a brisk young Fellow, thatdresses All-a-mode, and sets himself off to the best Advantage; andyet thrives apace. I am told (and for his sake I wish it may be true)that a Young Lady of a Great Fortune has married him. " _Letters fromNew England_, p. 80. ]

BOSTON, June the 19th, 1699. 

The Memorial of Duncan Campbell, of Boston, humbly presented to hisExcellency the Earle of Bellomont. 

I, the said Duncan Campbell, being at Rhode-Island on Saturday the17th of June currant, that morning I went in a Sloop from said Island, in Company with Mr. James Emott of New-Yorke, [2] and two other menbelonging to said Sloop, towards Block-Island, and, about threeleagues from that Island, I mett a Sloop commanded by Captain Kidd, and haveing on board about Sixteen men besides; after hailing of whichSloop and being informed that the said Kidd was Commander thereof, hesaid Kidd desired me to come on board the same; which I accordinglydid, and after some discourse passed, said Kidd desired me to do himthe favour as to make what Speed I could for Boston and acquaint yourExcellency that the said Kidd had brought a Ship, about five or sixhundred Tuns, from Madagascar, which, some considerable time since, hemet with in [_blank_] and commanded her there to bring to; and thatthereupon the Pilott, being a French man, came on board the said KiddsShip, and told him, said Kidd, he was welcome, and that the said Ship(to which said Pilott belonged) was a lawfull Prize to him the saidKidd, she sailing under a French Pass: Whereupon he, the said Kidd, and Company, took the said Ship, and afterwards, understanding thatthe same belonged to the Moors, he, said Kidd, would have deliveredher up again, but his men violently fell upon him, and thrust him intohis Cabbin, saying the said Ship was a fair Prize, and then carryedher into Madigascar and rifled her of what they pleased, but beforethey got into Madigascar, the Gally under Command of him, said Kidd, became so leaky that she would scarce keep above water, whereupon theCompany belonging thereto, haveing taken out of her her Guns and someother Things and put them on board the Prize, sett the said Gally onfire. The said Captain Kidd further told me that, when he and hisCompany were arrived at Madagascar, several of his Company moved himto go and take a Ship called the _Moco_ Frigat, that lay ready fittedat a place not far distant from them, in the possession of certainPrivateers, and to go in the same for the red-Sea. But that he thesaid Kidd said that if they would join with him he would attempt thetaking of the said Ship, (supposeing her a lawful Prize, beingformerly belonging to the King of England), but would not afterwardsgo with them on the said design to the red-Sea. Whereupon ninety ofhis the said Kidd's men deserted him, went and tooke the said Ship, and sailed with the same on the aforesaid design, as he, said Kidd, was informed; obliging one Captain Culliver, the then Commander ofher, to go along with them. 

[Footnote 2: An attorney in New York, and vestryman of TrinityChurch. ]

And the said Kidd further told me That, his men having left him andhis design frustrated, he thought it his best way to preserve the saidShip then in his possession, and the goods on board her, for hisImployers or the proper Owners thereof: And accordingly, with the fewmen he had then left, which would not joine with the other Ninety intheir aforesaid design (being about Twenty in Number) and with a fewother men that he procured at Madagascar to assist him in navigatingsaid Ship, he intended to have brought the same to Boston, accordingto his Orders; but touching in his way at the Island of St. Thomas'sand other places in the West-Indies, he there heard that greatComplaints were preferred against him, and he proclaimed a Pirate, which occasioned him to saile to a place called Mona, nearHispaniola;[3] from whence he sent to Curaso, [4] and bought there theSloop on which he is now on board, and tooke into her out of the saidship to the Value of about eight or ten thousand pounds in goods, gold, and Plate, for which Gold and Plate he traded at Madagascar, andwas produced by the sale of sundry goods and Stores that he tooke outof the _Adventure Gally_, formerly commanded by him, and hath left theShip taken by his Company, and carryed to Madagascar as aforesaid, ator near Mona abovesaid, in the Custody of about six men of his owneCompany and Eighteen others that he got from Curaso (the Merchant ofwhom he bought the said Sloop being intrusted therewith), unto whichhe hath promised to returne again in three months, the said Kiddresolveing to come into Boston or New-Yorke to deliver up unto yourExcellency what goods and Treasure he hath on board, and to pray yourExcellency's assistance to enable him to bring the said Ship, left byhim at Mona aforesaid, from thence, the said Ship being disabled fromcomeing, for want of furniture. [5]

[Footnote 3: Mona is a small island lying in the passage between SantoDomingo and Puerto Rico. ]

[Footnote 4: Curaçao, Dutch West Indies. ]

[Footnote 5: Masts, spars, sails, and rigging. ]

But the said Captain Kidd further informed me, That by reason of whathis Men had heard in the West-Indies, as aforesaid, of their beingproclaimed Pirates, they would not consent to his coming into any Portwithout some Assurance from your Excellency That they should not beimprisoned or molested. And the said Captain Kidd did several timesprotest solemnly that he had not done anything since his going out inthe said Gally contrary to his Commission and Orders, more than whathe was necessitated unto by being overpowered by his Men, thatdeserted him, as aforesaid, who evil intreated him several times forhis not consenting to, or joineing with them in, their actions. Andall the men on board the Sloop now with him did in like mannersolemnly protest their innocence, and declared that they had usedtheir utmost endeavours in preserving the aforesaid Ship and goods forthe Owners or Imployers. Said Kidd also said, that if your Lordshipshould see Cause so to direct, he would carry the said Ship forEngland, there to render an Account of his Proceedings. 

Which beforegoing contains the particulars of what Captain Kidd andhis Men related to

Your Lordship's most humble Servant, DUNCAN CAMPBELL. 

_76. Narrative of William Kidd. July 7, 1699. _[1]

[Footnote 1: Public Record Office, C. O. 5:860, no. 64 XXV. Printed in_Commons Journal_, XIII. 31-32, and by Dalton, but the same remarkapplies to this document (and to documents nos. 77, 79, and 82) as tono. 75; they are essential to an understanding of the story. A"protest" by Kidd, July 7, of similar purport, has just been publishedin _Portland MSS. _, IX. 403. ]

A Narrative of the Voyage of Captain William Kidd, Commander of the_Adventure Gally_, from London to the East Indies. 

That the Journal of the said Captain Kidd being violently taken fromhim in the Port of St. Marie's in Madagascar, and his life many timesbeing threatned to be taken away from him by 97 of his men thatdeserted him there, he cannot give that exact Account he otherwisecould have done, but as far as his memory will serve is as followeth;viz. 

That the said _Adventure Gally_ was launched in Castle's Yard atDeptford[2] about the 4th day of December 1695, and about the latterend of February the said Gally came to the buoy in the Nore, and aboutthe first Day of March following, his men were pressed from him forthe Fleet, which caused him to stay there 19 Days, [3] and then sailedfor the Downs, and arrived there about the 8th or 10th Day of April1696; and sailed thence for Plymouth, and on the 23d Day of the saidmonth of April he sailed from Plymouth on his intended Voyage, andsome time in the month of May met with a small French Vessel with Saltand Fishing Tackle on board, bound for Newfoundland, which he took andmade Prize of and carried the same into New-York, about the 4th day ofJuly, where she was condemned as lawful Prize, the produce whereofpurchased Provisions for the said Gally for her further intendedVoyage. 

[Footnote 2: Three miles down the Thames from London Bridge. The Norewas a sandbank at the mouth of the river; the Downs is the roadsteadoff Deal. ]

[Footnote 3: "At the Buoy in the Nore Captain Steward, commander ofthe _Duchess_, took away all my ship's crew; but Admiral Russell [oneof Kidd's owners], upon my application to him at Sittingbourne, causedmy men to be restored to me. " Kidd's protest; Hist. MSS. Comm. , _Manuscripts of the Duke of Portland_, VIII. 80. England and Francewere at war from 1689 to the peace of Ryswyk, Sept. 20, 1697 (War ofthe Grand Alliance, King William's War). In such times the royal navyalways relied, for its supply of men, upon impressment, especially ofmerchant seamen. See J. R. Hutchinson, _The Press-Gang Afloat andAshore_ (London, 1913). ]

That, about the 6th day of September 1696 the said Captain Kidd sailedfor the Maderas in Company with one Joyner, Master of a Briganteenbelonging to Bermudas, and arrived there about the 8th day of Octoberfollowing; and thence to Bonavista, [4] where they arrived about the19th of said month, and took in some Salt and stayed three or fourdays, and sailed thence to St. Jago, [4] and arrived there the 24th ofthe said month, where he took in some Water and staied about 8 or 9Days, and thence sailed for the Cape of Good Hope, and in the Latitudeof 32, on the 12th day of December 1696 met with four English Men ofWar, whereof Captain Warren was Commodore, and sailed a week in theirCompany, and then parted and sailed to Telere, a Port in the Island ofMadagascar, and being there about the 29th day of January, came in aSloop belonging to Barbadoes, loaded with Rhum, Sugar, Powder andShot, one ---- French Master, and Mr. Hatton and Mr. John BattMerchants, and the said Hatton came on board the said Gally and wassuddenly taken ill there and dyed in the Cabin: and about the latterend of February sayled for the Island of Johanna, the said Sloopkeeping Company, and arrived there about the 18th day of March, wherehe found Four East India Merchantmen, outward bound, and watered thereall together, and stayd about four days, And from thence about the 22dof March sayled for Mehila, an Island Ten Leagues distant fromJohanna, where he arrived the next morning, and there careened thesaid Gally, and about fifty men died there in a weekes time. 

[Footnote 4: See doc. No. 71, note 2. ]

That on the 25th day of April 1697 set saile for the Coast of India, and came upon the Coast of Mallabar in the beginning of the month ofSeptember, and went into Carrwarr upon that Coast about the middle ofthe same month and watered there, and the Gentlemen of the EnglishFactory gave the Narrator an Account that the Portugese were fittingout two men of War to take him, and advised him to set out to Sea, andto take care of himselfe from them, and immediately he set sailthereupon . . . About the 22d of the said month of September, and thenext morning about break of day saw the said two Men of War standingfor the said Gally, and spoke with him, and asked him Whence he was, who replyed, from London, and they returned answer, from Goa, and soparted, wishing each other a good Voyage, and making still along theCoast, the Commodore of the said Men of War kept dogging the saidGally all Night, waiting an Opportunity to board the same, and in themorning, without speaking a word, fired 6 great Guns at the Gally, some whereof went through her, and wounded four of his Men, andthereupon he fired upon him again, and the Fight continued all day, and the Narrator had eleven men wounded: The other Portuguese Men ofWar lay some distance off, and could not come up with the Gally, beingcalm, else would have likewise assaulted the same. The said Fight wassharp, and the said Portuguese left the said Gally with suchSatisfaction that the Narrator believes no Portuguese will ever attackthe Kings Colours again, in that part of the World especially, andafterwards continued upon the said Coast, cruising upon the Cape ofCameroone[5] for Pyrates that frequent that Coast, till the beginningof the month of November 1697 when he met with Captain How in the_Loyal Captaine_, an English Ship belonging to Maddarass, [6] bound toSurat, whom he examined and, finding his Pass good, designed freely tolet her pass about her affairs; but having two Dutchmen on board, theytold the Narrator's men that they had divers Greeks and Armenians onboard, who had divers precious Stones and other rich Goods on board, which caused his men to be very mutinous, and got up their Armes, andswore they would take the Ship, and two-thirds of his Men voted forthe same. The narrator told them The small Armes belonged to theGally, and that he was not come to take any Englishmen or lawfulTraders, and that if they attempted any such thing they should nevercome on board the Gally again, nor have the Boat, or Small-Armes, forhe had no Commission to take any but the King's Enemies, and Pirates, and that he would attack them with the Gally and drive them intoBombay; the other being a Merchantman and having no Guns, might easilyhave done it with a few hands, and with all the arguments and menaceshe could use could scarce restraine them from their unlawful Designe, but at last prevailed, and with much ado got him cleare, and let himgo about his business. All which Captain How will attest, if living. 

[Footnote 5: Cape Comorin, the southern point of Hindustan. ]

[Footnote 6: _I. E. _, Madras. ]

And that about the 18th or 19th day of the said month of November metwith a Moors Ship of about 200 Tuns, [7] coming from Suratt, bound tothe Coast of Mallabar, loaded with two horses, Sugar and Cotton, totrade there, having about 40 Moors on board, with a Dutch Pylot, Boatswain and Gunner, which said Ship the Narrator hailed, andcommanded on board, and with him came 8 or 9 Moors and the said threeDutchmen, who declared it was a Moors Ship, and demanding their Passfrom Suratt, which they shewed, and the same was a French Pass, whichhe believes was shewed by a Mistake, for the Pylot swore Sacrament[8]she was a Prize, and staid on board the Gally and would not returnagain on board the Moors Ship, but went in the Gally to the Port ofSt. Maries. 

[Footnote 7: The _Rouparelle_; her French pass (from the director ofSurat for the French East India Company) showing a Mohammedan captain, Dutch pilot, and Dutch boatswain, is in _Commons Journal_, XIII. 21. It was one of the two passes whose absence at Kidd's trial was fatalto his case. ]

[Footnote 8: "The Dutch-man seeing that, swore his countries oath, 'sacremente'. " Bradford, _History of Plymouth Plantation_ (ed. 1908), p. 35. ]

And that about the First Day of February following, upon the sameCoast, under French Colours with a Designe to decoy, met with aBengall Merchantman belonging to Surrat of the burthen of 4 or 500Tuns, 10 guns, and he commanded the Master on board, and a Frenchman, Inhabitant of Suratt and belonging to the French Factory there, andGunner of said Ship, came on board as Master, and when he came onboard the Narrator caused the English Colours to be hoisted, and thesaid Master was surprized and said, You are all English; and asking, Which was the Captain, whom when he saw, said, Here is a good Prize, and delivered him the French Pass. [9] And that with the said twoPrizes sailed for the Port of St. Maries, in Madagascar; and sailingthither the said Gally was so leaky that they feared she would havesunk every hour, and it required eight men, every two Glasses[10] tokeep her free, and was forced to woold[11] her round with Cables tokeep her together, and with much ado carried her into the said Port ofSt. Maries, where they arrived about the First Day of April 1698, andabout the 6th day of May the lesser Prize was haled into the CareeningIsland or Key, the other not being arrived, and ransacked and sunk bythe mutinous men, who threatened the Narrator and the men that wouldnot join with them, to burn and sink the other, that they might not gohome and tell the news. 

[Footnote 9: The French pass of this ship, the _Cara Merchant_ or_Quedah Merchant_ (Kedah, in the Malay Peninsula) is in the _CommonsJournal_, XIII. 21, signed by François Martin, the founder ofPondicherry and of the French empire in India. It is dated Jan. 14, 1698, at Hugli (Chandernagore). It names Armenians as commanders andowner, though the evidence given at Kidd's trials in London (Hargrave, _State Trials_, V. 287-338) constantly states an Englishman namedWright to have been commander. It should be remembered, in respect tothese two captures, of vessels ostensibly French, in November, 1697, and February, 1698, that though the peace of Ryswyk was signed Sept. 20, 1697, the news of its signing did not reach the Indian Ocean tillApril, 1698; and by its terms (art. X. ) captures made "beyond theLine" (Equator) within six months from the signing of the treaty werenot illegal. ]

[Footnote 10: _I. E. _, an hour by the sand-glass. ]

[Footnote 11: Wind. ]

And that when he arrived in the said Port there was a Pyrate Ship, called the _Moca_ Frigat, [12] at an Anchor, Robert Culliford Commanderthereof, who with his men left the same at his coming in, and ran intothe Woods, And the Narrator proposed to his Men to take the same, having sufficient power and authority so to do, [13] but the mutinousCrew told him, if he offered the same, they would rather fire two Gunsinto him than one into the other, and thereupon 97 deserted, and wentinto the _Moca_ Frigat, and sent into the Woods for the said Pyratesand brought the said Culliford and his men on board again; and all thetime she staid in the said Port, which was for the Space of 4 or 5Dayes, the said Deserters, sometimes in great numbers, came on boardthe said Gally and _Adventure Prize_, [14] and carried away great guns, Powder, Shot, small Armes, Sailes, Anchors, Cables, Chirurgeons Chest, and what else they pleased, and threatned several times to murder theNarrator (as he was informed, and advised to take care of himselfe)which they designed in the Night to effect but was prevented by hislocking himself in his Cabin at night, and securing himselfe withbarrocading the same with bales of Goods, and having about 40 smallArmes, besides Pistols, ready charged, kept them out. Their wickednesswas so great, after they had plundered and ransacked sufficiently, went four miles off to one Edward Welche's house, [15] where his theNarrator's Chest was lodged, and broke it open, and took out 10 Ouncesof Gold, forty Pounds of Plate, 370 pieces of Eight, the Narrator'sJournal, and a great many papers that belonged to him and the Peopleof New-York that fitted them out. 

[Footnote 12: See doc. No. 74, note 2. ]

[Footnote 13: One of the witnesses at Kidd's trial, a member of hiscrew, gives a very different account of the latter's attitude towardCulliford. It may be quoted, as a specimen of Kidd's unstudiedconversational style. "On the Quarter-deck they made a Tub of Bomboo, as they call it, (it is made of Water, and Limes, and Sugar) and therethey drank to one another; and, says Capt. Kidd, Before I would do youany Damage, I had rather my Soul should broil in Hell-fire; and wishedDamnation to himself several times, if he did. And he took the Cup, and wished that might be his last, if he did not do them all the Goodhe could. " _State Trials_ (Hargrave), V. 306, 335. ]

[Footnote 14: _I. E. _, the _Quedah Merchant_. ]

[Footnote 15: Edward Welch was a New Englander, who had come out toMadagascar as a boy, and had a house fortified with six guns near St. Mary's, where he ruled over a company of negroes. _Cal. S. P. Col. _, 1699, p. 289. ]

That about the 15th of June, the _Moca_ Frigat went away, being mannedwith about 130 Men and forty Guns, bound out to take all Nations. Thenit was that the Narrator was left only with 13 Men, so that the Moorshe had to pump and keep the _Adventure Gally_ above Water beingcarried away, she sunk in the harbour, and the Narrator with the saidthirteen men went on board of the _Adventure-Prize_, where he wasforced to stay five months for a fair Wind. In the meantime somePassengers presented, that were bound for these Parts, which he tookeon board to help to bring the said _Adventure-Prize_ home. 

That about the beginning of April 1699 the Narrator arrived atAnguilla in the West-Indies and sent his Boat on Shore, where his menhad the News That he and his People were proclaimed Pirates, which putthem into such a Consternation that they sought all Opportunitys torun the Ship on shore upon some reef or Shoal, fearing the Narratorshould carry them into some English Port. 

From Anguilla they came to St. Thomas, where his Brother-in-law SamuelBradley[16] was put on shore, being sick, and five more went away anddeserted him, where he heard the same News, that the Narrator and hisCompany were proclaimed Pirates, which incensed the People more andmore. From St. Thomas set saile for Moona, an Island betweenHispaniola and Porto Rico, where they met with a Sloop called the _St. Anthony_, bound for Montego[17] from Curaso, Mr. William Bolton[18]Merchant and Samuel Wood Master. The men on board then swore theywould bring the Ship no further. The Narrator then sent the said Sloop_St. Anthony_ for Curaso for Canvas to make Sails for the Prize, shebeing not able to proceed, and she returned in 10 Dayes, and after theCanvas came he could not persuade the men to carry her forNew-England, but Six of them went and carried their Chests and thingson board of two Dutch Sloops, bound for Curaso, and would not so muchas heele the Vessel or do any-thing; the remainder of the men notbeing able to bring the _Adventure-Prize_ to Boston, the Narratorsecured her in a good safe Harbour in some Part of Hispaniola, andleft her in the Possession of Mr. Henry Boulton of Antego, Merchant, the Master, three of the old men, and 15 or 16 of the men thatbelonged to the said Sloop _St. Anthony_ and a Briganteen belonging toone Burt of Curaso. 

[Footnote 16: Kidd's wife's brother; see doc. No. 78, note 1, and_N. Y. Col. Docs. _, IV. 128, 144, 179. General McCrady, _History ofSouth Carolina_, I. 262-263, mentions two affidavits in an oldmanuscript book in Charleston, by two sailors of the _Adventure's_company, who declare that Bradley took no part with the piraticalcrew, but constantly protested against their course, and therefore wasput ashore sick on a rock near Antigua. ]

[Footnote 17: The manuscript (a copy) says Montego, which is inJamaica, but the name should be Antigua. The _Antonio_ belonged partlyto Abraham Redwood of Antigua, afterward of Newport. ]

[Footnote 18: Henry Bolton; see doc. No. 86. Samuel Wood's examinationis in _Commons Journal_, XIII. 26. ]

That the Narrator bought the said Sloop _St. Anthony_ of Mr. Bolton, for the Owners accompt, and after he had given Directions to the saidBolton to be careful of the Ship and Ladeing and persuaded him to staythree months till he returned, and then made the best of his way toNew-York, where he heard the Earl of Bellomont was, who wasprincipally concerned in the _Adventure Gally_, and hearing hisLordship was at Boston, came thither and has now been 45 Dayes fromthe said Ship. 

WM. KIDD. 

Boston, 7th July 1699. 

Further the Narrator saith, That the said Ship was left at St. Katharina on the Southeast part of Hispaniola, about three Leagues toLeward of the Westerly end of Savano. [19] Whilst he lay at Hispaniolahe traded with Mr. Henry Bolton of Antigua, and Mr. William Burt ofCurracao, [20] Merchants, to the value of Eleven thousand two hundredPieces of Eight, whereof he received the Sloop _Antonio_ at 3000Pieces of 8/8, and four thousand two hundred Pieces of 8/8 by Bills ofExchange, drawn by Bolton and Burt upon Messieurs Gabril andLemont, [21] Merchants in Curracao, made payable to Mr. Burt, who wenthimself to Curracao, and the Value of four thousand Pieces of 8/8 morein Dust and barr-gold, which Gold, with some more traded for atMadagascar, being Fifty Pound Weight or upwards in Quantity, theNarrator left in Custody of Mr. ---- Gardner of Gardner's-Island, [22]near the Eastern end of Long-Island, fearing to bring it about bySea. It is made up in a bagg put into a little box, lockt and nailed, corded about, and sealed. Saith, He took no receipt for it of Mr. Gardner. 

[Footnote 19: Savona, or Saona, a small island off thesoutheasternmost part of Santo Domingo. Santa Catalina is a stillsmaller island, a little farther to the west. ]

[Footnote 20: Burt or Burke, an Irish trader, was of Dutch Curaçao toKidd, of French St. Kitts to Governor Codrington, but a Britishsubject to the Danish governor of St. Thomas. See doc. No. 83. ]

[Footnote 21: Walter Gribble (see doc. No. 86, note 7) and WilliamLamont. ]

[Footnote 22: See doc. No. 79. ]

The Gold that was seized at Mr. Campbel's the Narrator traded for atMadagascar, with what came out of the Gally. 

Saith, That he carried in the _Adventure Gally_ from New-York, 154Men; Seventy whereof came out of England with him. Some of his Sloop'sCompany put two Bailes of Goods on shore at Gardner's-Island, beingtheir own proper. The Narrator delivered a Chest of Goods, _viz. _Muslins, Latches, Romals[23] and flowered Silke, unto Mr. Gardner ofGardner's-Island aforesaid, to be kept there for the Narrator. Put noGoods on shore any-where else. Several of his Company landed theirChests and other Goods at several places. 

[Footnote 23: Handkerchiefs. ]

Further saith, He delivered a small Bayle of course Callicoes unto aSloop-Man of Rhode-Island that he had emploied there. The Gold seizedat Mr. Campbell's the Narrator intended for Presents to some that heexpected to do him Kindness. Some of his Company put their Chests andBailes on board a New Yorke Sloop lying at Gardner's-Island. 

WM. KIDD. 

Presented and taken, die praedict. [24] before his Excellency and Council. 

ISA. ADDINGTON, Secretary. 

[Footnote 24: _Die praedicta_, on the day aforesaid. ]

_77. Lord Bellomont to the Board of Trade. July 8, 1699. _[1]

[Footnote 1: Public Record Office, C. O. 5:860, no. 62; _CommonsJournal_, XIII, 18-19. Endorsed as received and read Aug. 31. RichardCoote (1636-1701), earl of Bellomont in the peerage of Ireland, wasdesignated as governor of Massachusetts in June, 1695, and as governorof New York in July, three months before his agreement with Livingstonand Kidd, but was not commissioned till June 18, 1697. He arrived inNew York Apr. 2, 1698, and first came to Boston May 26, 1699. The parthe had taken in sending out Kidd to capture pirates made Kidd's piracya matter of special indignation and embarrassment to him, particularlywhen the affair was used in Parliament, in the session of 1700, as ameans of attack on the Lord Chancellor Somers (see doc. No. 71, note1). The agreement with Kidd was an unwise arrangement, but there is nodoubt that Bellomont was an honest and zealous official. ]

BOSTON, 8th July, 99. 

_My Lords_, I have the Misfortune to be ill of the Gout at a time when I have agreat deal of business to exercise both my head and my hand. 

It will not be unwellcome News to your Lordships to tell you that Isecured Captain Kidd last Thursday in the Gaol of this Town with fiveor six of his men. He had been hovering on the Coast towards New-Yorkfor more than a fortnight, and sent to one Mr. Emot to come fromNew-York to him at a place called Oyster-Bay in Nassau Island[2] notfar from New-York. He brought Emot from thence to Rhoad Island andthere landed him, sending him hither to me with an Offer of hiscomeing into this port provided I would pardon him. I was a litlepussiled how to manage a treaty of that kind with Emot, a cunningJacobite, a fast Friend of Fletcher's and my avowed enimie. When heproposed my pardoning Kid, I told him It was true the King had allowedme a power to pardon Pyrates; But that I was so tender of useing it(because I would bring no Staine on my Reputation), that I had setmyselfe a Rule never to pardon Pyracy without the King's expresseleave and Command. Emot told me that Kid had left the great MoorishShip he took in India (which Ship I have since found went by the Nameof the _Quidah-Marchant_), in a Creek on the Coast of Hispaniola, withGoods to the Value of thirty Thousand pounds: That he had bought aSloop, in which he was come before to make his termes: that he hadbrought in the Sloop with him severall Bailes of East India goods, threescore pound weight of gold in Dust and in Ingotts, about ahundred weight of Silver and several other things which he beleivedwould sell for about Ten Thousand pounds. Emot also told me that Kidwas very innocent and would make it appear that his men forced him, locking him up in the Cabin of the _Adventure Galley_ while theyrobbed two or three Ships, and he could prove this by many witnesses. I answered Emot that if Kid could make that appear he might safelycome into this Port and I would undertake to get him the King'sPardon. I writ a Letter to Captain Kid inviteing him to come in, [3]and that I would procure a pardon for him, provided he were asinnocent as Mr. Emot said he was. I sent my letter to him by one Mr. Campbell of this Town, and a Scotch as well as Kid, and hisAcquaintance: within three or four days Campbell returned to me with aLetter from Kid, full of protestations of his Innocence, and informingme of his Design of coming with his Sloop into this Port. I must notforget to tell your Lordships that Campbell brought three or foursmall Jewells to my Wife, which I was to know nothing of; but she camequickly and discovered them to me and asked me whither she should keepthem, which I advised her to do for the present. For I reflected thatmy shewing an over-nicety might do hurt, before I had made a fulldiscovery what goods and treasure were in the Sloop. All this wholematter, even to my writing my Letter to Kid, was transacted with theprivity and advice of the Councill. 

[Footnote 2: Long Island. ]

[Footnote 3: The letter, June 19, and Kidd's reply, June 24, are in_Commons Journal_, XIII. 22. ]

Kid landed here this day Seven night; and I would not so much as speakwith him but before Witnesses: I thought he looked very guilty, and tomake me believe so he and his friend Livingston[4] (who posted hitherfrom Albany, upon newes of Captain Kid's designe of comeing hither), and Campbell aforesaid began to juggle together and Imbezle some ofthe Cargo; besides, Kid did strangely trifle with me and the Councillthree or four times that we had him under Examination. Mr. Livingstonalso came to me in a peremptory manner and demanded up his Bond andthe articles which he sealed to me upon Kid's Expedition, and told methat Kid swore all the Oaths in the World that unless I didimmediately indemnifie Mr. Livingston by giving up his Securities hewould never bring in that great Ship and Cargo, but that he wouldtake care to satisfie Mr. Livingston himself out of that Cargo. Ithought this was such an Impertinence, in both Kid and Livingston, that it was time for me to look about me, and to secure Kid. I hadnotice that he designed my wife a Thousand Pound in Gold Dust andIngotts last Thursday, but I spoyled his Complement by ordering him tobe arrested and committed that Day, showing the Councill my ordersfrom Court for that purpose. Two Gentlemen of the Councill, TwoMerchants, and the Collector, have the Charge of all the Cargo, andthey are preparing Inventories of every thing, which shall be sent toyour Lordships by the next Ship. [5] I delivered up to those fivepersons the Jewells that I have formerly told you Kid sent by Campbellto my Wife, and that at the Councill Board. 

[Footnote 4: Robert Livingston (1654-1725), first proprietor ofLivingston Manor, a Scot like Kidd and Campbell, was a member of thecouncil of New York, and secretary for Indian affairs. ]

[Footnote 5: This inventory is printed in _Commons Journal_, XIII. 29, and, from a copy preserved by the Gardiner family at Gardiner'sIsland, in C. C. Gardiner, _Lion Gardiner and his Descendants_ (St. Louis, 1890), pp. 84-85. Judge Samuel Sewall headed the commission, and supervised the shipping of part of the treasure to London;_Diary_, Mass. Hist. Soc. , _Collections_, XLVI. 7. The total of whatwas secured by the authorities--obtained from Kidd's box and chest, from the _Antonio_, from Campbell, and from Gardiner--was 1111 troyounces of gold, 2353 ounces of silver, 17-3/8 ounces of jewels orprecious stones, 57 bags of sugar, 41 bales of merchandise, and 17pieces of canvas. How much leaked away in sloops from Long IslandSound to New York and elsewhere, or in the West Indies, or wasdestroyed in the burning of the _Quedah Merchant_ in Hispaniola, ismatter for conjecture. The total capture, listed above, was thought tobe worth £14, 000. --Since writing the above, I have come upon Mr. RalphD. Paine's _The Book of Buried Treasure_ (London, 1911), whichpresents, at p. 82, a photograph of the inventory mentioned above. Mr. Paine prints our docs. Nos. 72, 76, 79, 82, 84, and part of 85. ]

If I had kept Mr. Secretary Vernon's Orders for seizing and securingKid and his associates with all their Effects with less Secrecy, I hadnever got him to come in: for his Country men, Mr. Graham[6] andLivingston, would have been sure to caution him to shift for him selfeand would have been well paid for their pains. I received the LordsJustices[7] Orders about Kid, and likewise Mr. Secretary Vernon's, about three moneths before my leaveing New-York, but I neverdiscovered them to any body, and when I heard people say, that theneighbouring Governors had Orders from Court to seize him, I laughed, as if I believed noe such thing. I wish they may not let him escapehere, as they have Bradish, a notorious Pyrate. About a fortnight ago, Bradish and another Pyrate got out of the Gaol of this Town andescaped with the Consent of the Gaoler as there is great reason tobeleive. [8]

[Footnote 6: James Graham, another Scot, was attorney-general of NewYork and a member of the council. ]

[Footnote 7: Acting as chief executive, in the absence of KingWilliam. ]

[Footnote 8: Joseph Bradish and others of the crew of the ship_Adventure_ of London, on a voyage from London to Borneo in 1698, piratically seized the ship and ran away with it to Block Island. JohnHigginson of Salem, in a letter of Oct. 3, 1699, after mention ofKidd, adds, "And there was one Bradish, a Cambridge man, who sailed inan interloper bound for India, who, in some part of the East Indies, took an opportunity, when the captain and some of the officers were onshore, to run away with the ship, and came upon our coast, and sunktheir ship at Block Island, and brought much wealth ashore with them;but Bradish, and many of his company, and what of his wealth could befound, were seized and secured. But Bradish, and one of his men, brokeprison and run away amongst the Indians; but it is supposed that hewill be taken again. " Mass. Hist. Soc. , _Collections_, XXVII. 210. Judge Sewall reports him as recaptured Oct. 26, 1699, and sent toEngland with Kidd Feb. 16, 1700. _Ibid. _, XLV. 503; XLVI. 6. ]

As the Law stands in this Country a Pyrate cannot be punished withDeath; therefore I desire to receive orders what to do with Bradish'sCrew, and also with Kid, and those Men of his I have taken. [9]

[Footnote 9: A Massachusetts act of 1692 punishing piracy with deathhad been disallowed by the crown. Judge Sewall, in the debate in thecouncil as to the matter, declared that he knew of no power they hadto send men out of the province to be tried. _Ibid. _, XLVI. 4. He wasprobably right. ]

Since my leaving New-York one of the four Ships has come in that wentfrom thence to Madagascar last Summer and of which I informed yourLordships, and has brought Sixty Pyrates and a vast deall of Treasure. I hear that every one of the Pyrates paid 150 l. For his passage, andthe owners, I am told, have cleared thirty Thousand pounds by thisVoyage. It is observable that Mr. Hackshaw, one of the Merchants thatpetitioned against me to your Lordships, and Stephen Delancy, a hotheaded saucy Frenchman and Mr. Hackshaw's Correspondent, are thecheife owners of this Ship. I hear there were 200 Pyrates atMadagascar when this Ship came away, who intended to take theirpassage in Frederick Phillips Ship and the other Two belonging to NewYork. 

A great Ship has been seen off this Coast any time this Week; it issupposed to be one Maise, a Pyrate who has brought a vast deale ofwealth from the red Seas. [10] There is a Sloop also at Rhoad Island, which is said to be a Pyrate. I hear the men goe a shoar there in theday time and return to the Sloop at night and spend their gold veryliberally. We can do nothing towards the taking those Ships, for wantof a man of War. I am manning out a Ship to go in Quest of the_Quidah-Marchant_ left by Kid on the Coast of Hispaniola: by somepapers which we seized with Kid, and by his own Confession, wee havefound out where the Ship lyes;[11] and according to his account of theCargo we compute her to be worth seventy thousand pounds. The Shipthat carries this is just upon Sailing, and will not be persuaded tostay any longer; so that I cannot send your Lordships the Inventoriesof the Goods brought in by Kid, nor the Informations we have takenabout him from his own men, till next opportunity. I am, with Respect, My Lords

Your Lordships most humbleand obedient Servant

BELLOMONT. 

[Footnote 10: William Maze or Mace was one of the pirates specificallynamed, along with Tew and Wake, in Kidd's commissions. ]

[Footnote 11: For the benefit of treasure-hunters, one might wish onecould be precise. But while the master of the _Antonio_ says at Sta. Catalina (_Commons Journal_, XIII. 27) and other sailors (_ibid. _, 24)say in the Rio Romana, which would mean much the same, Henry Bolton(doc. No. 86) says in the Rio Higuey, which is 30 miles farther east, and Capt. Nicholas Evertse, a worthy New York skipper, says (_C. J. _, XIII. 24) that on June 29 he saw the _Quedah Merchant_, on fire andburnt down almost to the water's edge, in a salt lagoon on "the IslandSt. Helena, nigh Hispaniola, " meaning, apparently, Sta. Catalina. ]

_78. Petition of Sarah Kidd. July 16 (?), 1699. _[1]

[Footnote 1: Mass. Archives, vol. 62, no. 316. On May 16, 1691, Kiddreceived license to marry at New York Sarah Oort, widow of John Oort, merchant of New York. She was a daughter of Samuel Bradley. Kidd washer third husband. In 1703 she married a fourth. She died in NewJersey in 1744, leaving five children, one of whom was apparently adaughter of Kidd. Frederic de Peyster, in his _Bellomont_, p. 29, saysthat she "is said to have been a lovely and accomplished woman. "Lovely she may have been, and evidently she was attractive, since shehad four husbands, but she could not write her own name. To thisdocument and to nos. 80 and 81 she affixes her mark, S. K. , rudelyprinted; facsimile in _Memorial History of Boston_, II. 179. --Sincethis book was prepared, this petition has been printed in the_Proceedings_ of the American Antiquarian Society, XXXI. 50-51. ]

To his Excellency the Earle of Bellomont, Captn. Gen. And Govr. InChief of his Maj'tys provinces of the Massachusetts Bay, New Yorke, etca. In America, and of the Territorys thereon depending, and ViceAdmiral of the same, The petition of Sarah Kidd the wife of Captn. Wm. Kidd, Humbly Sheweth

That on the sixth day of July Inst. Some of the Magistrates andofficers of this place came into your Pet'rs lodgings at the house ofDuncan Campbell and did there Seize and take out of a Trunck a SilverTankard, a Silver Mugg, Silver Porringer, spoons, forcks and otherpieces of Plate, and two hundred and sixty pieces of Eight, yourPet'rs sole and proper Plate and mony, brought with her from NewYorke, whereof she has had the possession for several years last past, as she can truely make oath; out of which sd Trunck was also tookTwenty five English Crowns which belonged to your Pet'rs Maid. [2]

[Footnote 2: The maid was most likely Elizabeth Morris, whoseindenture of apprenticeship to Capt. William Kidd, Aug. 19, 1695, isprinted in N. Y. Hist. Soc. , _Coll. _, 1885, pp. 571-572. She had thenjust come out from England in Kidd's old barkentine the _Antigua_, which Governor Codrington of the Leeward Islands had given him in 1690to reward his services and replace the ship then stolen from him (seedoc. No. 71, note 1, and _Portland MSS. _, VIII. 78) and which hadapparently been his ship ever since. She was indentured to him as amaidservant for four years, from July 14, 1695, to July 14, 1699. Thecouncil ordered Sarah Kidd's plate to be returned to her. ]

The premisses and most deplorable Condition of your Pet'r considered, She humbly intreats your hon'rs Justice That Returne be made of thesaid Plate and mony. 

SARAH S K KIDD. 

_In Council July 18, 1699. _

Advised that Mrs. Kidd makeing oath that she brought the Plate andmoney above mentioned from New York with her, It was restored untoher. As also that Capn. Kidd and Companys wearing Apparel underSeizure be returned to them. 

_79. Narrative of John Gardiner. July [17], 1699. _[1]

[Footnote 1: Public Record Office, C. O. 5:860, no. 64 XXI; _CommonsJournal_, XIII. 30-31. John Gardiner (1661-1738), grandson of LionGardiner, was the third manorial proprietor of Gardiner's Island, anisland lying three miles northward from Long Island, toward itseastern extremity and near the entrance to the Sound. The narrativewas sent to the Board of Trade by Bellomont as an enclosure in no. 82. ]

The Narrative of John Gardner of Gardners-Island, alias Isle of Wight, relating to Captain William Kidd. 

That about twenty dayes agoe, Mr. Emot of New Yorke came to theNarrators House, and desired a boat to go for New Yorke, telling theNarrator he came from my Lord at Boston. Whereupon the Narratorfurnished the said Emot with a boat, and he went for New Yorke, andthat Evening the Narrator saw a Sloop with Six Guns rideing at anAnchor off Gardners Island. And two days afterwards in the Evening theNarrator went aboard said Sloop to enquire what she was, and so soonas he came on board Captain Kidd (then unknown to the Narrator) askedhim how himselfe and Family did, telling him that he the said Kidd wasgoing to my Lord at Boston, and desired the Narrator to carry threeNegroes, two boys and a girle, ashore, to keep till he the said Kiddor his Order should call for them, which the Narrator accordingly did. That about two hours after the Narrator had got the said Negroesashore, Captain Kidd sent his boat ashore with two bailes of Goods anda Negro Boy, and the morning after, said Kidd desired the Narrator tocome immediately on board and bring Six Sheep with him for his thesaid Kidds Voyage for Boston, which the Narrator did, when Kidd askedhim to spare a barrel of Cyder, which the Narrator with greatimportunity consented to, and sent two of his men for it, who broughtthe Cyder on board said Sloop, but whilst the men were gone for theCyder, Captain Kidd offered the Narrator several Pieces ofdamnified[2] Muslin and Bengalls as a Present to his Wife, which thesaid Kidd put in a bagg, and gave the Narrator, and about a Quarter ofan Hour afterwards the said Kidd tooke up two or three pieces ofdamnified Muslin and gave the Narrator for his proper Use. And theNarrators men then coming on board with the said Barrel of Cyder asaforesaid, the said Kidd gave them four pieces of Arabian Gold fortheir trouble and also for bringing him Wood. Then the said Kidd, ready to saile, told this Narrator he would pay him for the Cyder, towhich the Narrator answered That he was already satisfied for it bythe Present made to his Wife. And this Narrator observed that some ofKidds men gave to the Narrators men some inconsiderable things ofsmall value, which this Narrator believes were Muslins for Neckcloths. And then the Narrator took leave of the said Kidd and went ashore, andat parting the said Kidd fired four Guns and stood for Block-Island. 

[Footnote 2: Damaged. Bengals were striped goods, partly silk. Kiddgave Mrs. Gardiner more than this. A pitcher and fragments of a pieceof cloth of gold are still in the hands of different descendants oftwo of John Gardiner's wives. See article by John R. Totten in _N. Y. Biog. Rec. _, L. 17-25. The story is told in Thompson's Long Island, p. 203, from a letter of a descendant writing more than a hundred yearsago. "He [Kidd] wanted Mrs. Gardiner to roast him a pig; she beingafraid to refuse him, roasted it very nice, and he was much pleasedwith it. He then made her a present of this cloth. "]

About three Dayes afterwards the said Kidd sent the Master of theSloop and one Clarke in his boat for the Narrator, who went on boardwith them, And the said Kidd desired this Narrator to take on shorewith him and keep for him, the said Kidd, and Order, a Chest, and abox of gold and a bundle of Quilts and Four Bayles of Goods, which boxof gold the said Kidd told the Narrator was intended for my Lord; andthe Narrator complied with the said Kidds request and took on shorethe said Chest, box of gold, Quilts, and bayles of Goods. 

And the Narrator further saith That two of Kidds Crew, who went by theNames of Cooke and Parrat, [3] delivered to him, the Narrator, twobaggs of Silver, which they told the Narrator weighed thirty poundweight, for which he gave receipt. And That another of Kidd's mendelivered to the Narrator a small bundle of gold, and gold dust ofabout a pound weight, to keep for him, and did also present theNarrator with a Sash and a pair of worsted Stockins. And just beforethe Sloop sayled Captain Kidd presented the Narrator with a bagg ofSugar, and then tooke leave and sayled for Boston. 

[Footnote 3: Neither of these sailors was of the original crew. HughParrott, of Plymouth, England, joined Kidd at Johanna, and was triedand condemned with him. His examination at Boston is in _CommonsJournal_, XIII. 29. ]

And the Narrator further saith, he knew nothing of Kidds beingproclaimed a Pyrate, and if he had, he durst not have acted otherwisethan he has done, having no force to oppose them, and for that he hathformerly been threatned to be killed by Privateers, if he should carryunkindly to them. 

JOHN GARDINER. 

The within named Narrator further saith That whilst Captain Kidd laywith his Sloop at Gardners Island, there was a New Yorke Sloop, whereof one Coster is Master, and his Mate was a little black man, unknown to the Narrator by name, [4] who, as it was said, had beenformerly Captain Kidds Quarter Master, and another Sloop belonging toNew-Yorke, Jacob Fenick[5] Master, both which lay near to Kidds Sloopthree dayes together, and whilst the Narrator was on board withCaptain Kidd, there was several Bayles of Goods and other things putout of the said Kidds Sloop and put on board the other two Sloopsaforesaid, and the said two Sloops sayled up the Sound. After whichKidd sailed with his Sloop for Block Island, and being absent by theSpace of three dayes returned to Gardners-Island again in company ofanother Sloop belonging to New-Yorke, Cornelius Quick Master, on boardof which was one Thomas Clarke of Setauket, commonly called WhiskingClarke, and one Harrison of Jamaica, Father to a boy that was withCaptain Kidd, and Captain Kidds Wife was then on board his ownSloop. [6] And Quick remained with his Sloop there from noon to theevening of the same day, and tooke on board two Chests that came outof the said Kidd's Sloop, under the observance of this Narrator, andhe believes several Goods more, and then sailed up the Sound. Kiddremained there with his Sloop until next morning, and then set saileintending, as he said, for Boston. Further the Narrator saith That thenext day after Quick sayled with his Sloop from Gardners Island, hesaw him turning out of a Bay called Oyster-pan Bay, [7] although thewind was all the time fair to carry him up the Sound; the Narratorsupposes he went in thither to land some Goods. 

JOHN GARDINER. 

[Footnote 4: Carsten Luersen and Hendrick van der Heul. ]

[Footnote 5: Jacob Phoenix. ]

[Footnote 6: Capt. Thomas Clarke, coroner of New York, was soon afterarrested in Connecticut at the instance of Bellomont, who charged himwith having privately deposited £10, 000 worth of Kidd's treasure witha man at Stamford. Clarke promised restitution. _N. Y. Col. Docs. _, IV. 595, 793; _Calendar of Council Minutes_, pp. 143, 144, 164. ]

[Footnote 7: Not Oyster Bay, but Oyster-pond Bay, near Orient. ]

Boston, July 1699. 

The Narrator, John Gardiner, made Oath before his Excellency andCouncil unto the truth of his Narrative contained in this Sheet ofPaper. 

ISA. ADDINGTON, Secretary. 

_80. Sarah Kidd to Thomas Payne. July 18, 1699. _[1]

[Footnote 1: Public Record Office, C. O. 5:861, no. 4 XVIII. CaptainThomas Paine of Jamestown, R. I. (Conanicut Island), had come to RhodeIsland in 1683, as a privateer with dubious papers. In 1690 he haddefeated a body of Frenchmen at Block Island. He may have been anaccomplice of pirates, as Bellomont charges in doc. No. 85 (in whichthis is an enclosure); he was certainly one of the founders of TrinityChurch, Newport. ]

From BOSTON Prison, July the 18 day 1699. 

_Captain Payen:_

After my humble service to your selfe and all our good Friends thiscometh by a trusty Friend of mine how[2] can declare to you of mygreat griefe and misery here in prison by how I would desire you tosend me Twenty four ounces of Gold and as for all the rest you have inyour custody shall desire you for to keep in your custody for it isall we have to support us in time of want; but I pray you to deliverto the bearer hereof the above mentioned sum, hows[3] name is AndrewKnott. [4] And in so doing you will oblige him how is your

SARAH S K KEEDE

the bare hereof can informe you more at large. 

[Footnote 2: Who. ]

[Footnote 3: Whose. ]

[Footnote 4: See doc. No. 85. ]

_81. Petition of Sarah Kidd. July 25, 1699. _[1]

[Footnote 1: Mass. Archives, vol. 62, no. 317. ]

To his Excell'cy the Earle of Bellomont, Capt. Gen'll and Governor of his Maj'tys Collonies of theMassachusetts Bay in N. Engl'd etca. And to the honorable theCouncill. 

The Peticion of Sarah Kidd humbly Sheweth

That Your Petitioners husband Capt. Wm. Kidd, being comitted unto theComon Goale[2] in Boston for Pyracie, and under Streight durance, asAlsoe in want of necessary Assistance, as well as from YourPetitioners Affection to her husband humbly pray's that your Excell'cyand Councill will be pleased to permitt the sd Sarah Kidd to haveCommunication with her husband, for his reliefe; in such due Seasonand maner, as by your Excelle'y and Councill may be tho't fitt andprescribed, to which Your Petitioner shall thankfully conformeherSelfe and ever pray etca. 

SARAH S K KIDD

Boston 25 July 1699. 

[Footnote 2: Gaol, jail. ]

_82. Lord Bellomont to the Board of Trade. July 26, 1699. _[1]

[Footnote 1: Public Record Office, C. O. 5:860, no. 64; _CommonsJournal_, XIII. 19-21. The original is endorsed as received Sept. 20. ]

BOSTON, 26th July 99. 

_My Lords, _

I gave your Lordships a short Account of my taking Capt. Kidd, in myLetter of the 8th Instant:[2] I shall in this Letter confine myselfewholly to an Account of my Proceeding with him. 

[Footnote 2: Doc. No. 77. ]

On the 13th of last Month Mr. Emot, a Lawyer of New-York, came late atNight to me and told me he came from Captain Kidd, who was on theCoast with a Sloop, but would not tell me where: That Kidd had brought60 Pound Weight of gold, about a 100 Weight of Silver, and 17 Bales ofEast-India goods, (which was less by 24 Bales than we have since gotin the Sloop), That Kidd had left behind him a great Ship near theCoast of Hispaniola that nobody but himselfe could find out, on boardwhereof there were in bale goods, Saltpetre, and other things to theValue of at least 30, 000 L. : That if I would give him a pardon, hewould bring in the Sloop and goods hither, and would go and fetch thegreat Ship and goods afterwards. Mr. Emot delivered me that Night TwoFrench Passes, which Kidd took on board the Two Moors Ships which weretaken by him in the seas of India (or, as he alleges, by his Menagainst his Will). One of the Passes wants a date in the original, asin the Copy I send your Lordships; and they go No. I. And No. II. [3]

[Footnote 3: See doc. No. 87, note 2. ]

On Thursday, the 15 of June, I sent Mr. Campbel, the Post-Master ofthis town, Kidd's Countryman and acquaintance, along with Mr. Emot, toinvite Kidd to come into this Port. Mr. Campbel returned hither on the19 of June, and gave in a Memorial to my selfe and the Councel, containing what had passed between him and Kidd: The said Memorialgoes No. 3. [4] On the said 19 June, as I sate in Councel, I wrote aLetter to Captain Kidd, and shewed it to the Councel, and theyapproving of it, I dispatched Mr. Campbel again to Kidd with my saidLetter, a Copy whereof goes No. 4. Your Lordships may observe That thepromise I make Captain Kidd, in my said Letter, of a kind reception, and promising the King's pardon for him, is conditionall; that is, provided he were as innocent as he pretended to be. But I quicklyfound sufficient Cause to suspect him very guilty, by the many lyesand Contradictions he told me. I was so much upon my guard with Kiddthat, he arriving here on Saturday the [first] of this moneth, I wouldnot see him but before witnesses; nor have I ever seen him since, butin Councel twice or thrice that we examined him; and the day he wastaken up by the Constable, it happened to be by the door of myLodging, [5] and he rushed in and came running to me, the Constableafter him. I had him not seized till Thursday the 6th instant, for Ihad a mind to discover where he had left the great Ship, and I thoughtmy selfe secure enough from his running away, because I took care notto give him the least umbrage of my Design of seizing him, Nor had Itill that day that I produced my orders from Court for apprehending ofKidd, communicated them to anybody. And I found it necessary to shewmy orders to the Councel, to animate them to join heartily with me insecuring Kidd, and examining his Affair nicely, to discover what wecould of his behaviour in his whole Voyage. Another reason why I tookhim not up sooner was that he had brought his wife and Children hitherin the Sloop with him, who I believed he would not easily forsake. Hebeing examined twice or thrice by me and the Councel, and also some ofhis men, I observed he seemed much disturbed, And the last time weexamined him I fancied he looked as if he were upon the wing, andresolved to run away, and the Gentlemen of the Councel had some ofthem the same thought with mine, so that I took their Consent inseizing and committing him. [6] But the officers appointed to seize hismen were so careless as to let 3 or 4 of his men escape, whichtroubled me the more because they were old New-York Pyrates. The nextthing the Councel and I did, was to appoint a Committee of trustypersons to search for the goods and Treasure brought by Kidd and tosecure what they should find till the King's pleasure should be knownas to the Disposition thereof, as my orders from Mr. Secretary Vernonimport. The said Committee were made up of Two Gentlemen of theCouncel, Two Merchants, and the Deputy Collector, whose names are tothe inclosed Inventory of the goods and Treasure. They searched Kidd'sLodging, and found hid and made up in Two sea-beds, a bag of gold dustand Ingots of the value of about 1000 L. And a bag of silver, partmoney and part pieces and piggs of silver, value as set down in thesaid Inventory. In the above bag of gold were several litle bags ofgold; all particulars are, I believe, very justly and exactly set downin the Inventory. For my part, I have medled with no manner of thing, but put every thing under the management of the Councel, and into theCustody of the before mentioned Committee, that I might be free fromthe Suspicion and Censure of the World. The enameled box mentioned inthe beginning of the Inventory is that which Kidd made a present of tomy wife by Mr. Campbel, which I delivered in Councel to the saidCommittee to keep with the rest of the Treasure. There was in it astone ring, which we take to be a Bristoll Stone;[7] if it were true, it would be worth about 40 L. And there was a small stone unset whichwe believe is also counterfeit, and a sort of a Locket, with fourSparks which seem to be right diamonds; for there is nobody here thatunderstands Jewels. If the Box and all that is in it were right, theycannot be worth above 60 L. 

[Footnote 4: Doc. No. 75. ]

[Footnote 5: Peter Sergeant, a rich merchant, who had the finest housein Boston, had given it over to the new governor's use. Mass. HistSoc. , _Proc. _, XXII. 123-131. Lord Bellomont held his council meetingsin its best chamber. It was afterward the famous Province House, having been bought later by the province, for a residence for thegovernors. Hawthorne, at the beginning of part II. Of his _Twice-ToldTales_, describes it as it was in 1845. A portion of the walls was in1919 still visible from Province Court. ]

[Footnote 6: Dr. Edward Everett Hale gives quotations from the councilrecords, in _Memorial History of Boston_, II. 177-178. ]

[Footnote 7: Rock-crystal, of a kind found near Bristol, England. ]

Your Lordships will see in the middle of the Inventory a parcel ofTreasure and Jewels delivered up by Mr. Gardiner, of Gardiner'sIsland, in the Province of New-York, and at the East End ofNassau-Island, the Recovering and saving of which Treasure is owing tomy Own Care and quickness. I heard by the greatest accident in theworld, the day that Captain Kidd was committed, That a Man had offered30 L. For a Sloop to carry him to Gardiner's Island, and Kidd havingowned he had buried some Gold on that Island, (though he nevermentioned to us any Jewels, nor, I believe, would he have owned thegold there but that he thought he should himselfe be sent for it), Ipresently reflected that that man (whom I have since discovered to beone of Kidd's Men) was to defeat us of that Treasure; I privatelyposted away a Messenger by Land with a peremptory order to Mr. Gardiner in the King's name to come forthwith, and deliver up suchTreasure as Kidd or any of his Crew had lodged with him; acquaintinghim That I had committed Kidd to Goal, as I was ordered to do by theKing. My Messenger made great haste, and was with Gardiner beforeanybody, and Gardiner, who is a very substantial man, brought away theTreasure without delay, and by my direction delivered it into theHands of the Committee. If the Jewels be right, as it is supposed theyare, but I never saw them, nor the gold and silver brought byGardiner, then we guesse that the parcel brought by him may be worth(Gold, Silver and Jewels) 4500 L. And besides Kidd had left Six balesof goods with him, one of which was twice as big as any of the rest;and Kidd gave him a particular Charge of that bale, and told him itwas worth 2000 L. The six bales Gardiner could not bring, but I haveordered him to send them by a Sloop that is since gone from hence toNew York, and which is to return speedily. We are not able to set anexact value on the goods and Treasure we have got, because we have notopened the bales we took on board the Sloop; But we hope when the sixbales are sent in by Gardiner, what will be then in the hands of theGentlemen appointed to that Trust, will amount to about 14000 L. Ihave sent strict orders to my Lieutenant Governor at New York, [8] tomake dilligent Search for the Goods and Treasure sent by Kidd to NewYork in Three Sloops mentioned in Gardiner's affidavit, [9] which Isend with the other affidavits and Informations to your Lordships; andI believe I have directed him where to find a Purchase in a house atNew York, which by a hint I have had I am apt to believe will be foundout in that house. I have sent to search elsewhere a certain place, strongly suspected to have received another depositum of gold fromKidd. I am also upon the hunt after Two or Three Arch Pyrates, whichI hope to give your Lordships a good Account of by next Conveyance. IfI could have but a good able Judge and Attorney General at York, a Manof war there and another here, and the Companies recruited and wellpaid, I will rout Pirates and Piracy entirely out of all this northpart of America, but as I have but too often told your Lordships, itis impossible for me to do all this alone in my single person. 

[Footnote 8: Capt. John Nanfan; see doc. No. 73, note 2. ]

[Footnote 9: Doc. No. 79. ]

I wrot your Lordships word in my last letter of the 8 Instant ThatBradish the Pyrate and one of his Crew were escaped out of the goal ofthis Town. We have since found that the Goaler was Bradish's kinsman, and the Goaler confessed they went out at the prison door, and that hefound it wide open; we had all the reason in the world to believe theGoaler was consenting to the escape: by much ado I could get theCounsel to resent the Goaler's behaviour, but by meer Importunity Ihad the fellow before us; we examined him, and, by his own Story andaccounts given us of his suffering other prisoners formerly to escape, I prevailed to have him turned out and a prosecution ordered againsthim to the Attorney Generall. I have also, with some difficulty, thislate Session of Assembly here, got a bill to pass, That the Goal becommitted to the Care of the High Sheriffe of the County, as inEngland, with a Salary of 30 L. _per Annum_, to the said Sheriffe: Iwould have had it 50 L. _per Annum_, for the Sheriff's Incouragementto be honest and carefull, but I could not prevail. I am forced toallow the Sheriff 40 s. Per Week for keeping Kidd safe; otherwise Ishould be in some doubt about him. He has without doubt a great dealof gold, which is apt to tempt men that have not principles of honour;I have therefore, to try the power of dull Iron against gold, put himinto Irons that Weigh 16 Pound. I thought it moderate enough, for Iremember poor Doctor Oates[10] had a 100 weight of Iron on him when hewas a prisoner in the late Raign. There never was a greater Lyar orThief in the World than this Kidd; notwithstanding he assured theCouncel and me every time we examined him That the great Ship and herCargo waited his return to bring her hither, and now your Lordshipswill see by Two severall Informations of Masters of Ships fromCuracao, that the Cargo has been sold there, and in one of them it issaid they have burnt that noble Ship, and without doubt, it was byKidd's order, that the Ship might not be an evidence against him, forhe would not own to us her Name was the _Quidah-Marchand_, though hismen did. Andries Henlyne, and Two more, brought the first news to Yorkof the sale of that Cargo at Curacao; and never such pennyworths heardof for Cheapness; Captain Evertz is he who has brought the news of theShip's being burnt. She was of about 500 Ton, and Kidd told us at theCouncel, there never was a stronger or stancher Ship seen. His Lyinghad like to have involved me in a Contract that would have been verychargeable and to no manner of purpose, as he has ordered Matters. Iwas advised by Counsel to dispatch a Ship of good Countenance to goand fetch away that Ship and Cargo. I had agreed for a Ship of 300tons, 22 Guns, and I was to man her with 60 men, to force (if therehad been need of it) the Men to yield who were left with the Ship. Iwas just going to seal the writing, when I bethought myself it werebest to presse Kidd once more to tell me Truth: I therefore sent tohim Two Gentlemen of the Councel to the Goal, and he at last ownedThat he had left a power with one Mr. Henry Bolton, a Marchand ofAntegoa whom he had Committed the Care of the Ship to, to sell anddispose of all the Cargo: upon which Confession of Kidds I held myhand from hireing that great Ship, which would have cost 1700 L. ByComputation. And now to-morrow I send the Sloop Captain Kidd came in, with Letters to the Lieutenant Governor of Antegoa, Colonel Yeomans, to the Governors of St. Thomas's Island and Curacao, to seize andsecure what effects they can, that was late in the possession of Kidd, and on board the _Quidah-Marchand_. There is one Burk, an Englishman, that lives at St. Thomas, who has got a great Store of the goods andmony for Kidd's account. St. Thomas belongs to the Danes, but I hopeto retrieve what Burt has in his Hands. [11] The sending this Sloopwill cost but about 300 L. If she be out Three moneths. I hope yourLordships will take care, that immediate orders be sent to Antegoa tosecure Bolton, who must have plaid the Knave egregiously; for he couldnot but know that Kidd came knavishly by that Ship and Goods. It isreported That the Dutch of Curacao have loaded Three Sloops with thoseGoods, and sent them to Holland; perhaps it were not amiss to send andwatch their Arrivall in Holland, if it be practicable to lay Claim tothem there. 

[Footnote 10: Titus Oates, the scurrilous and perjured informer, wonderfully successful with his "Popish Plot" in 1679 and 1680, throwninto prison, under heavy irons, in 1684. He was still living in 1699. His doctoral degree ("D. D. Of Salamanca") was spurious. ]

[Footnote 11: The reply of the governor of St. Thomas is doc. No. 83. ]

Since my Committment of Kidd, I hear That upon his approach to thisport, his heart misgave him, and he proposed to his Men the putting toSea again and going to Caledonia, [12] the new Scotch Settlement nearDarien, but they refused. 

[Footnote 12: Caledonia was the settlement on the isthmus of Panama towhich the Darien Company, amid so much enthusiasm on the part of theScottish nation (see Macaulay's twenty-fourth chapter), had sent outits colony in 1698. The settlement had proved a disastrous failure andhad been abandoned, and the ships bringing away the wretched survivorswere already approaching New York, but neither Kidd nor Bellomont yetknew this. ]

I desire I may have orders what to do with Kidd, and all his andBradish's Crew; for, as the Law stands in this Country, if a pyratewere Convict, yet he cannot suffer Death: And the Counsell hererefused the bill to punish Privateers and Pyrates which your Lordshipssent with me from England with a direction to recommend it at New Yorkand here, to be passed into a Law. I shall by next Conveyance acquaintyour Lordships what a prejudice I have found in some of the Counsel tothe Laws of England this Session, but having writ myself almost dead, I must till another Opportunity forbear to treat of the affairs ofthis Province; but when I do, I must tell your Lordships beforehand, Iwill not dissemble with you to favour any man or number of men; I amboth above it, and I should thinke I did not do the part of an honestman, if I concealed any thing from you that tends to the prejudice ofthe Interest of England. 

You will observe by some of the Informations I now send, That Kidddid not only rob the Two Moors Ships, but also a Portugueze Ship;which he denied absolutely to the Counsel and me. 

I send your Lordships 24 severall Papers and Evidences relating toCaptain Kidd. It is impossible for me to animadvert and make remarkson the several matters contained in the said papers, in the weakCondition I am at present; but must leave that Trouble to Mr. Secretary Popple, [13] whose excellent clear method in business fitshim incomparably beyond me for such a Work. 

[Footnote 13: William Popple the elder, secretary to the Board ofTrade from 1696 to 1708. ]

I will always continue to be, with much Respect, My Lords, Your Lordships most humbleand obedient Servant, BELLOMONT. 

_83. The Danish Governor of St. Thomas to Lord Bellomont. September 1, 1699. _[1]

[Footnote 1: Public Record Office, C. O. 5:860, no. 73 XIII. JohanLorentz, acting governor of the Danish island of St. Thomas 1689-1692, governor 1694-1702, was of Flensborg in Sleswick, but his habituallanguage was Dutch, which indeed was the usual language of St. Thomasat this time. His letter, written in Dutch, was sent to the Board ofTrade as an enclosure in a letter from Bellomont dated Oct. 24. Bellomont, as indicated in the latter part of doc. No. 82, sent the_Antonio_, with a trusty skipper, to Antigua, St. Thomas, Curaçao, andJamaica, to recover whatever could be found of Kidd's booty. This isone of the letters it brought back. Lorentz dated by old style. ]

_Aen Syn Excell. Bellomont_

ST. THOMAS de 1 Septembris anno 1699

_Myn Heer_

Hebbe d'Eere gehadt, uw Excell. Aengename Missive van den 26 July doorCapt. ---- Carry t'ontvanghen, en daer uyt ten volle verstaen hetgheen uw Excell. Aengaende den Zeeroover Will Kidd heeft gelieven teschryven, waerop uw Excell. Met naervolgende Antwoort dienen Sall. Voorschryven Will Kidd is voor deesen Haeven met zyn voerende Schiponder Engelse Vlagge buyten Schoot Van't Kooninghs Fortress ten Ankergekoomen, en heeft daerop zyn Chaloupe met een Brief aen My aen Lantgesonden, waerin hy Protectie van my was begehrende, Vaerderpretenderende onschuldigh te weesen in't Rooven van de Subjecten vanden Mogol in Oostjndien. Zyn Bedryf my toenmaels nogh Onbekent Zynde, Schreef hem Wederom, by aldien hy een Eerlyk man was, dat ick hemprotegeren woude, maer hy heeft Verzekeringh willen hebben, dat ickhem aen gheen Oorloghs schepen van syn Majestat van Groot Britannien, die hem souden Koomen Opeyschen Overleveren soude, 't welck hemgeweygert hebbe, waerop by Verstaen hebbende, dat ick alle Habitantenverbooden hadde, gheen Provisie aen hem te vercoopen, wederom onderZeyl is gegaen; zedert die Tyt hebbe hooren seggen, dat hy omtrent hetEylant Moone ten Anker lagh, en dat een Bolton van Antigua by hemgeweest hadde, om met hem te negotieren. Naederhant quam in deesenHaven eenen Bergantin, toebehoorende aen Barbades, waerop eenen WillBurcke Coopman was, van welcke ick gheen suspitie hadde nogh minder degedachten, dat hy hem soude onderstaen dörfen eenighe Zeerovergoederen hier intevoeren; Nochtans hebbe des Andern Daeghs verstaen, dat hy by Nacht een Party Goet aen Lant hadde gebrocht, dewelcke hyvolghens seggen aen de Heer Pedro van Bellen, General Directeur voorde Ceurvorsth. Brandenborgse Privilegeerde soude vercocht hebben, dewelcke ook in't Brandenborgse Magazyn zyn Opgeleght. Ick hebbe aenvoorschryven goederen niet können koomen dewyl voorschryvenBrandenborgse Privilegeerde hier ter Plaetse haer eyghen Recht enPrivilegien hebben, maer voorschryven Will Burcke hebbe laetenarresteren, en naerdien hy Borghtocht heeft gestelt, hebbe hem laetenvertrecken met de Bergantin, dogh met de Conditie, dat hy synverantwoordinghe aen Barbades (dewyl hy een Subject van Syn Majestätvan Engelant en aldaer woonachtigh was) soude doen. Naederhant is hyvan Barbades wederom hier gekoomen, medebrengende een Recommendatievan de Heer Gouverneur Grey aen my, en ophoudt sigh hier nu nogh in'tBrandenborgse Loge, maer alle voorschryven Goederen zyn (soo geseghtword) naer aendere Plaetse getransporteert. Deeses is all het gheen, daervan Uw. Excell. Aengaende deese Saeke onderrechten kan, daerbyverzekerende dat gheen Subjecten of inwoonders van Syn CooninglykeMajestät van Denemarck myn Souverain Heer met voor[schryven] Kiddgehandelt hebben, dewyl daerin Goede ordre hebbe beschickt. Ondertuschen hebbe aenstonts een Persoon uyt den Raet naer Denemarckgesonden, om aen Syn Cooninglyke Majestät myn allergenadigste Kooningende Heer van all het gheen, soo als het passeert is, alleronderdaenigstRapport te geven. Hiermede Sluytende recommenderende Uwe Excell. AlleGoede Vrientschap en Vaerdere goede Correspondentie t'Onderhouden, Waermede verblyve

Uwe Excell. 

Ootmoedigen Dienaer

J. LORENTS. 

[Addressed:] To Milord Bellomont Earl, Gouvernor of New England, Yorck and other places, In Boston

_Translation. _

ST. THOMAS, September 1, 1699. 

_To His Excellency Bellomont:_

_My Lord:_

I have had the honor to receive by way of Captain ---- Carry[2] YourExcellency's agreeable letter of July 26, and to understand fully fromit what Your Excellency has been pleased to write as to the pirateWill Kidd, upon which I shall serve Your Excellency with the followingreply. The aforesaid Will Kidd, with his freight-ship under theEnglish flag, came to anchor off this harbor, out of range of theKing's fortress, and then sent his shallop to land with a letter tome, in which he asked me for protection, further declaring that he wasinnocent as to robbing the subjects of the Mogul in the East Indies. His course of conduct being at that time still unknown to me, I wrotehim in reply that, in case he was an honorable man, I would protecthim, but he wished to have assurance that I would not give him up toany war-ship of His Majesty of Great Britain that should come todemand him. This I declined to give, whereupon he, understanding thatI had forbidden all inhabitants to sell him any provisions, set sailagain. [3] Since that time I have heard that he lay at anchor near theisland of Mona, and that one Bolton of Antigua had been with him, totransact business. Afterward there came into this harbor a brigantinebelonging to Barbados, on which one Will Burcke[4] was merchant, concerning whom I had no suspicion, still less the thought that hewould dare to undertake bringing in here any pirate goods; yet Ilearned the other day that he by night had brought a quantity of goodsto land, which, according to reports, he had sold to Mr. Pedro vanBellen, general director for the Electoral Brandenburg PrivilegedCompany, and which are also stored in the Brandenburg warehouse. [5] Ihave not been able to get at the aforesaid goods, because the saidBrandenburg patentees have here their own law and privileges, but Ihave caused the said Will Burcke to be arrested, and on his givingbail have let him return with the brigantine, yet on condition that heshould discharge his responsibility to Barbadoes, he being a subjectof His Majesty of England and resident there. Since that time he hascome here again from Barbados, bringing with him a recommendation fromGovernor Grey[6] to me, and is living here still at the BrandenburgLodge, but all the aforesaid goods have, it is said, been transportedto other places. This is all the information that I can give YourExcellency respecting this matter, at the same time assuring you thatno subjects of his Royal Majesty of Denmark, my sovereign Lord, orinhabitants here, have traded with the aforesaid Kidd, for in thatmatter I have enforced good order. Meanwhile I have forthwith sent amember of the council to Denmark, to report most submissively to HisRoyal Majesty, my most gracious King and Lord, all these matters justas they have occurred. Herewith closing, and commending myself to YourExcellency, to maintain all good friendship and further goodcorrespondence, I remain

Your Excellency's

Humble Servant

J. LORENTS. 

[Footnote 2: Nathaniel Cary of Charlestown. His very interestingaccount of his wife's prosecution for witchcraft in 1692 is in Calef's_More Wonders of the Invisible World_, and is reprinted in G. L. Burr, _Narratives of the Witchcraft Trials_, pp. 349-352. ]

[Footnote 3: The episode is related more fully in Westergaard, _TheDanish West Indies_, pp. 113-118, Professor Westergaard having foundLorentz's carefully kept diary in the Danish archives at Copenhagen. Lorentz "answered that if he could produce proof in writing that hewas an honest man, he might enter". From his request for protectionfrom English royal ships, the governor "saw that he was a pirate", and"his request was flatly refused him, and he was forbidden to send hismen ashore again unless they came into the harbor with the ship". ]

[Footnote 4: See doc. No. 76, note 20. ]

[Footnote 5: By a treaty between the Great Elector and the King ofDenmark, in 1685, Brandenburg secured for thirty years the privilegeof maintaining on St. Thomas an establishment, chiefly useful inconnection with the work of the Brandenburg company for the Africanslave-trade. The story is related in Westergaard, ch. III. , and inSchück; see doc. No. 43, note 1, and no. 48, note 1. The episode ofBurke and Van Belle is more fully related in Westergaard, pp. 115-118. Burke escaped and most of the goods went across the Atlantic toBrandenburg, but Lorentz seems to have been honest. ]

[Footnote 6: Hon. Ralph Grey, governor of Barbados 1697-1699. ]

_84. Declaration of William Kidd. September 4, 1699. _[1]

[Footnote 1: Public Record Office, C. O. 5:860, no. 65 XIX. Enclosed ina letter of Bellomont to the Board of Trade, Aug. 28. There is aphotographic facsimile of the original in R. D. Paine, _The Book ofBuried Treasure_, at p. 85. Though this chest is mentioned in severalof the Kidd documents, no account of its contents appears in the chiefprinted inventories, indeed I find no evidence that it was brought toBoston. The statement may have interest as showing kinds of goods thenhighly valued. ]

BOSTON September 4, 1699

Captain William Kidd declareth and saith That in his chest which heleft at Gardiners Island there was three small baggs or more of JasperAntonio or stone of Goa, [2] severall pieces of Silk stript with silverand gold, Cloth of Silver, about a Bushell of Cloves and Nutmegs mixedtogether and strawed up and down, severall books of fine whitecallicoes, severall pieces of fine Muzlins, severall pieces more offlowred silk, he does not well remmember what further was in it. Hehad an Invoyce thereof in his other chest. All that was contained inthe said Chest was bought by him and some given him at Madagascar, nothing thereof was taken in the ship _Quedah Merchant_. He esteemedit to be of greater value than all else that he left at GardinersIsland except the gold and silver. There was neither gold or silver inthe chest. It was fastned with a Padlock and nailed and corded about. 

[Footnote 2: A fever medicine, consisting of various drugs made upinto a hard ball, lately invented in India by Gaspar Antonio, a laybrother of the Society of Jesus. ]

Further saith That he left at said Gardiners Island a bundle of nineor tenn fine India Quilts, some of them Silk with fringes andTassells. 

WM. KIDD. 

_85. Lord Bellomont to the Board of Trade. November 29, 1699. _[1]

[Footnote 1: Public Record Office, C. O. 5:861, no. 4. Endorsed asreceived Jan. 19, 1700, and read at the Board Feb. 9. ]

BOSTON the 29 November 99. 

_My Lords_

I gave your Lordships an account in my Letter of the 24th of lastmoneth[2] by the last ship that went hence for England, of my takingJoseph Bradish and Tee Wetherley, the two Pyrates that had escapedfrom the Goal of this town;[3] and I then also writ that I hoped in alittle time to be able to send your Lordships the news of my takingJames Gill[am] the Pyrat that killed Captain Edgecomb, Commander ofthe _Mocha_ frigat for the East India Company, [4] and that with hisown hand while the Captain was asleep, and Gillam is supposed to bethe man that Incouraged the Ship's Company to turn Pyrats, and thatship has ever since been robbing in the Red Sea and Seas of India, andtaken an Incredible deal of wealth; if one may believe the reports ofmen that are lately come from Madagascar, and that saw the _Mocha_frigat there, she has taken above two millions sterling. I have beenso lucky as to take James Gillam, and he is now in Irons in the Goalof this town, and at the same time with him was sie[ze]d one FrancisDole, [5] in whose house he was harboured, who proves to be one ofHore's Crew, H[ore] one of Colonel Fletcher's Pyrates commissioned byhim from New York; Dole is also committed to Goal. My taking of Gillamwas so very accidentall that I cannot forbear giving your Lordships anarrative of it, and one would believe there was a strange fatality inthat m[an's] Starrs. On Saturday the 11th Instant late in the eveningI had a letter from Colonel Sanford, [6] Judge [of] the Admiralty Courtin Rhode-Island, giving me an account that Gillam had been there, butwas come towards Boston a fortnight before, in order to ship himselfefor some of the Islands, Jamaica or Barbados, that he was troubled heknew it not sooner, and was affraid his Intelligence would come toolate to me; that the Messenger he sent knew the Mare Gillam rode on[to] this town. I was in despair of finding the man, because ColonelSanford writ to me that he was g[one] to this town so long a time as afortnight before that; however I sent for an honest Constable I hadmade use of in the apprehending of Kidd and his men, and sent him withColonel Sanford's Messenger to examine and search all the Inns in Townfor the mare, and at the first Inn they went to, they found her tiedup in the yard; the people of the Inn reported that the man thatbrought her thither, had lighted off her about a quarter of an hourbefore, had there tied her, but went away without saying anything toanybody. Upon notice of this I gave order to the Master of the Innthat if any body came to look after the mare, he should be sure toseize and secure him, but no body came for her. The next morning whichwas Sunday I summoned [a] Council, and we published a Proclamation, wherein I promised a reward of 200[l. ] for the seizing and securingGillam, whereupon there was the strictest search [all that] day, andthe next, that was ever made in this part of the world, but we hadmissed him, if I had not been Informed of one Captain Knot, as an oldPyrate and therefore likely [to k]now where Gillam was concealed. [7] Isent for Knot and examined him, promising h[im if h]e would make anIngenious Confession, I would not molest or prosecute him; he seemed[mu]ch disturbed, but would not confesse anything to purpose. I thensent for his wife and examined her on oath apart from her husband, andshe confessed that one who went by the [name] of James Kelly hadlodged severall nights in her house, but for some nights past [lo]dgedas she believed in Charlestown Crosse the River. I knew he went by thename of Kelly, [the]n I examined Captain Knot again, telling him hiswife had been more free and ingenious [tha]n him, which made himbelieve she had told all; and then he told me of Francis Dole inCharlestown, and that he believed Gillam would be found there. I senthalf a dousin men immediately over the water to Charlestown and Knotwith them, they beset the house, and searched it but found not theman, Dole affirming with many protestations he was not there, neitherknew [of] any such man. Two of the men went through a field behindDole's house, and passing [thr]ough a second field they met a man inthe dark (for it was ten a clock at night) whom they [seize]d at alladventures, and it happened as oddly as luckily to be Gillam, he hadbeen treating [some] young women some few miles off in the Country, and was returning at night to his Landlord Dole's house, and so wasmet with. I examined him, but he denied everything, even that he camewith Kidd from Madagascar, or ever saw him in his life; but CaptainDavies, [8] who also came thence with Kidd, and all Kidd's men, arepositive he is the man and that he went by his true name viz. Gillam, all the while he was on the voyage with them, and Mr. Campbel thePostmaster of this town (whom I sent to treat with Kidd) offers toswear this is the man he saw on [bo]ard Kidd's sloop under the name ofJames Gillam. He is the most impudent hardened V[illai]n I ever sawin my whole life. That which led me to an Inquiry and search afterthis man [was t]he Information of William Cuthbert on oath, which Isent your Lordships with my packet of the 26th of this last July, [9]wherein Cuthbert Informs that being lately in the East India Company'sservice [it w]as commonly reported there that Gillam had killedCaptain Edgecomb with his own hand, that he had [s]erved the Mogul, turned Mahometan and was Circumcised. I had him searched by a[su]rgeon and also by a Jew in this Town, to know if he wereCircumcised, and they have both declared on oath that he is. Mr. Cutler the surgeon's[10] deposition goes (No. 1) and Mr. Frazon theJew's (No. 2). [11] The rest of the Evidences about Gillam and someother Pyrates go numbered from 3 to 23 inclusive, which I recommend toyour Lordships perusall, as what will inform you of the strangeCountenance given to Pyrats by the Government and people of[Rhode]-Island. I have numbered the papers in order of time andaccording to their dates: most have reference to Gillam, some to Kidd. In searching the forementioned Captain Knot's house [a smal]l trunkwas found with some remnants of East India goods, and a Letter fromKidd's wife to Captain Thomas Pain an old Pyrat living on CanonicotIsland in Rhode Island Governm[ent. ][12] The affidavit he made when Iwas at Rhode-Island goes numbered among the other evide[nce. ] He thenmade oath that he had received nothing from Kidd's sloop when she layat anchor by [_torn_] Island, yet by Knot's deposition your Lordshipswill find, he was sent with Mrs. Kidd's letter to Pa[in for] 24 ouncesof gold, which Knot accordingly brought; and Mrs. Kidd's Injunction toPain to keep a[ll the] rest that was left with him till further order, was a plain Indication that there was a good deal of [trea]sure stillbehind in Pain's Custody, therefore I posted away a messenger toGovernor Crans[ton][13] and Colonel Sanford to make a strict search ofPain's house before he could have notice; it see[ms] nothing was thenfound, but Pain has since produced 18 ounces and odd weight of gold, as appears by Cranston's Letter of the 25th Instant and pretends itwas bestowed on him by Kidd, hoping that may p[rove (?)] a salvo forthe oath he made when I was in Rhode-Island, but I think it is plainhe forswore himselfe then, and I am of opinion he has a great dealmore of Kidd's gold still in his hands. [But] he is out of my power, and being in that Government I cannot compell him to deliver up th. . . . 

[Footnote 2: The letter in which no. 83 was enclosed; its substance isgiven in _Cal. St. P. Col. _, 1699, pp. 486-490. ]

[Footnote 3: See doc. No. 77, note 8. ]

[Footnote 4: See doc. No. 65, note 18, and no. 74, note 2. ]

[Footnote 5: Francis Dowell, of Wapping Street, Charlestown, mariner. T. B. Wyman, _Genealogies and Estates of Charlestown_, I. 301. ]

[Footnote 6: Peleg Sandford, governor of Rhode Island 1680-1683. ]

[Footnote 7: Andrew Knott's examination shows that he and Gillam hadknown each other in Virginia years before, and had sailed togetherunder a privateer captain, making many prizes in the South Sea, possibly in the expedition narrated in docs. No. 44 and no. 45. Seealso doc. No. 68, paragraph 16 and note 18. ]

[Footnote 8: Edward Davis of London, originally boatswain of the_Fidelia_ (see doc. No. 90), whose deposition is in _Commons Journal_, XIII. 28. ]

[Footnote 9: _Commons Journal_, XIII. 26; narrative of WilliamCuthbert, late gunner of the ship _Charles the Second_. ]

[Footnote 10: John Cutler was a Dutch surgeon named De Messenmaker, who on settling in New England translated his name into Cutler. Hismarriage record in the town records of Hingham begins, "JohannesDemesmaker, a Dutchman (who say his name in English is John Cutler)", etc. ]

[Footnote 11: Joseph Frazon, died 1704, buried in the Jewish cemeteryat Newport. The anonymous author of the anti-Mather pamphlet, _AModest Enquiry_ (London, 1707, reprinted in Mass. Hist. Soc. , _Coll. _, fifth ser. , VI. ), p. 80*, accuses Cotton Mather of having "attempted aPretended Vision, to have converted Mr. Frasier a Jew, who had beforeconceiv'd some good Notions of Christianity: The Consequence was, thatthe Forgery was so plainly detected that Mr. C. M. Confest it; afterwhich Mr. Frasier would never be perswaded to hear any more ofChristianity". ]

[Footnote 12: Doc. No. 80. ]

[Footnote 13: Samuel Cranston, governor of Rhode Island 1698-1728. ]

Your Lordships will find in Captain Coddington's narrative number35[14] and sent with my Report dated the 27th Instant an Inventory ofgold and Jew[els] in Governor Cranston's hands which he took from aPyrat. I see no reason why he should keep them . . . So far from that, that he (with submission) ought to be called to an account forConniving at the Py[rats] making that Island their Sanctuary, andsuffering some to escape from Justice. If there be an order sent tohim to deliver what gold and jewels is contained in the saidInventory, and also the formentio[ned] parcel of gold which hereceived from Pain, with all other goods and treasure which he has atany time rec[eived] from Privateers or Pyrates, into my hands for theuse of his Majesty, and that upon oath, I will [see] the orderexecuted, and will give a faithfull account thereof according to theorder I shall re[ceive]. 

[Footnote 14: Nathaniel Coddington of Newport, register of the courtof admiralty in Rhode Island. ]

Four pound weight of the gold brought from Gardiner's Island which Iformerly acquainted your Lordships of, and all the Jewels, belongedto Gillam, as Mr. Gardiner's Letter to Mr. Dummer, [15] a Marchand int[he] town and one of the Committee appointed by me and the Council toreceive all the treasure and goods which [were] brought in Kidd'ssloop, will prove; and there is some proof of it in CaptainCoddington's b[efore men]tioned narrative, and in Captain Knot'sdeposition of the 14th Instant. I am told that as Vice A[dmiral] ofthese provinces I am entitled to 1/3 part of Gillam's said gold andJewels; I know not whe[ther I] am or no, but if it be my right I hopeyour Lordships will please to represent to the King the ext[reme]pains and vigilance I have used in taking these severall Pyrates, andthat I may have my [por]tion of the said gold and Jewels, if there beany due to me. It is a great prejudice to the King's s[ervice] thathere is no Revenue or other fund to answer any occasion or service ofMajestys. I have [been] forced to disburse the 200 pieces of 8/8 forthe taking of Gillam out of my own little stock and also to [de]fraymy journey and other expences in going to Rhode-Island to execute theKing's Commission [and] Instructions. Both accounts I now send, andbeg your Lordships favour in promoting and Countenancing the paymentof that mony to Sir John Stanley for my use. Captain Gullock[16] tells[me] that 15 or 16 of the ship's Company that would not be concernedwith Gillam and his accomplices in murdering Captain Edgecomb, andafterwards turning Pyrates, went home to England in [the] Ship_America_ belonging to the East India Company, Captain LaycockCommander. I should thi[nk an] advertisement in the Gazette requiringsome of those men to appear before one of the Sec[retaries] of Stateto give their evidence of what they know of that matter, would beproper. 

[Footnote 15: Jeremiah Dummer the elder, father of the publicist. ]

[Footnote 16: Thomas Gullock was the captain of the ship which Bradishhad run away with. Sir John Stanley was an official of the lordchamberlain's office. ]

[Your] Lordships will meet with a passe among the other papers, number5, to Sion Arnold, one of the [pirat]es brought from Madagascar byShelley of New York, the said passe signed by Mr. Basse, [17][Go]vernor of East and West Jerzies, which is a bold step in Basseafter such positive orders as he received from [Govern]or[18] Vernon, but I perceive plainly the meaning of it, he took severall Pirats atBurlington [in West] Jerzey, and a good store of mony with them as itis said, and I daresay he would be glad they [should] escape, for whenthey are gone, who can witnesse what money he seized with them? I know[the] man so well, that I verily believe that is his plot. John Carrmentioned in some of the [papers to (?)] be in Rhode Island, No. 6, was one of Hore's Crew. There are abundance of other Pyrats in that[Is]land at this time, but they are out of my power. Mr. Brinley, [19]Colonel Sanford, and Captain Coddington are honest men, and of thebest estates in the Island, and because they are heartily [wea]ry ofthe male administrations of that Government, and because too Icommissioned them (by [virt]ue of the authority and power given me byhis Majesty's Commission and Instructions so to do) to [make] Inquiryinto the Irregularities of those people, they are become strangelyodious to them and [are o]ften affronted by them, neither will theymake them Justices of the peace; so that when they [w]ould commitPyrates to Goal, they are forced to go to the Governor for hisWarrant, and very . . . Ly the Pyrates get notice, and avoid the Warrantfor that time. You may please to o[bser]ve too that Gardiner theDeputy Collector[20] is accused to have been once a Pyrat, in one ofthe [paper]s. I doubt he will forswear himselfe rather than part withGillam's gold which is in his hands. [It is] impossible for me totransmit to the Lords of the Treasury these proofs against Gardiner. [I am] so jaded with writing, that I cannot write to them by thisConveyance, but I could wish [your Lordships might be (?)] madeacquainted with Gardiner's Character, and that they would send overhonest In----t men to be Collectors of Rhode Island, Conecticut, andNew Hampshire; and that they [would h]asten Mr. Brenton[21] hither tohis post, or send some other Collector in his room. I could [wish]that Mr. Weaver were ordered to hasten to New York. Your Lordships mayplease to observe that [Knott] in one of his depositions accusesGillam to have pyrated four years together in the [Sou]th sea againstthe Spaniards. 

[Footnote 17: On Shelley, see doc. No. 73, note 6. Jeremiah Basse wasdeputy-governor of East and West New Jersey from 1697 to 1699. In aletter of June 9 to Secretary Popple, _N. J. Archives_, first ser. , II. 286-287, he describes his activity in manning a sloop and in personcapturing four of Shelley's men at Cape May, and committing them toBurlington jail. "In their Chestes are about seaven thousand eighthundred Rix dollars and Venetians, about thirty pound of meltedsilver, a parcell of Arabian and Christian Gold, some necklases ofAmber and Corrall, sundry peaces of India silkes. "]

[Footnote 18: If the word is Governor, it should be Secretary. ]

[Footnote 19: Francis Brinley, one of the chief Newport merchants; hehad been a member of Andros's council. ]

[Footnote 20: Robert Gardiner of Newport. ]

[Footnote 21: Jahleel Brenton, for many years, beginning in 1691, collector and surveyor of the customs for New England (and thusGardiner's superior officer) had gone to England as agent of RhodeIsland in her boundary dispute with Connecticut. Thomas Weaver, whohad been appointed collector for New York, was in London as agent forthat province. ]

We have advice that Burk an Irishman and Pyrat that committed severallrobberies on th[e] [coast] of Newfoundland, is drowned with all hisship's Company, except 7 or 8 persons somewh[ere to the] southward. Itis said he perished in the hurrican that was in those Seas about theend of [July and] beginning of August last. It is good news, he wasvery strong if we may believe report, [and is s]aid to have had a goodship with a 140 men, and 24 guns. 

[Bra]dish and Wetherley have a slight extraordinary in attempting toescape, they [made] two attempts since they were last committed, oncethey broke the floor of the prison and thought to escape that way, butthat failing them, within a night or two they filed off their fetters, upon which I ordered them to be manicled, and chained to one another. I believe this new Goaler I have got is honest, otherwise I should bevery uneasy for fear these Pyrats should escape. . . . [22]

[Footnote 22: The rest of the letter has nothing to do with Kidd orother pirates. ]

I conclude with all respect

My Lords

Your Lordships most humble and obedient Servant

BELLOMONT. 

_86. Information of Henry Bolton. February 4, 1701. _[1]

[Footnote 1: From the manuscripts of the Duke of Portland at WelbeckAbbey, a copy having been kindly furnished by the Rev. Richard W. Goulding, librarian to the duke. The date Feb. 4, 1700, means Feb. 4, 1701, new style. Bolton's previous history and his relations with Kiddare sufficiently shown by this and preceding documents. In 1700 he hadbeen shipped to England from Jamaica, and he was now, or at any rateon Dec. 22, 1700, in Newgate prison under charges of piracy. _Cal. St. P. Col. _, 1700, p. 760. ]

Information of Henry Bolton. 

4th of February 1700

Being required by the Right hono'ble the Commission'rs for Executingthe office of High Admiral of England, Ireland etc. To informe theirLord'ps of the place of my nativity, manner of Living for some time inthe West Indies, and particularly of my meeting and Transactions withCapt. Kidd, I presume to make the following Answer, being the best andfullest I can make at present having neither my Books or papers inthis Kingdome. 

That I was born in Worcestershire about the yeare 1672 and in the year1697 was Deputed by the Commissioners of his Maj'ties Customes for theLeeward Islands to be Collector for the Island of Antigua. 

That in the year 1698 following I quitted that Imployment[2] andfollowed Merchandizing about the said Leeward Islands. 

[Footnote 2: He was removed, and at the time of his removal he owedthe crown about £500. _Ibid. _, p. 603. ]

That in February 1698/9 I sailed from Antigua in the Sloop _St. Antonie_, Samuel Wood Master, on a Trading Voyage amongst the Dutchand Spaniards. The Markett at Curacoa (a Dutch Island) not answeringmy Ends I went to Rio De la Hacha, [3] and there sold my Cargoe, andLoaded my Sloope with Stock Fish [and] Wood on Freight for Curacoaaforesaid, which I there Landed and departed for the Island of PortoRico with intention to Trade with the Inhabitants of that Island, having a Cargo on Board for that purpose. 

[Footnote 3: On the Spanish Main, or north coast of South America, about 300 miles west of Curaçao. ]

That in that Voyage in the Moneth of Aprill 1699 being becalmed to theN. N. E. Of the Island Mona the Men belonging to the Sloop discovered aSail E. And B. S. [4] from Mona which the Pilote of the Sloope supposedto be a Guarda Costa, a small vessell fitted out by the SpanishGovernors to clear the Coast of Foreign Traders. A few houres afterWee discovered a Cannoa, which drawing near the Sloope, Wee hailed thesaid Cannoa. They answered from Whitehall. Wee demanded who Commandedtheir Shipp. They Replyed Capt. Kidd. Then he that stired[5] theCannoa was desired to come on Board. After he came he told me his namewas John Ware, and that he was Master of Capt. Kidd's Ship, requestingthat I would goe on Board in the Cannoa to see Capt. Kidd whichaccordingly I did. When I came there Captain Kidd askt me to sell himmy Sloope in regard his Ship was disabled and could not well proceedthe voyage he intended for New Yorke, and finding me unwilling he thenaskt if I could not procure him a Vessell. I answered possibly I mightat Curacao, upon which he desired me to use my Endeavors there to gethim a Sloope, and procure him some Buyers or Chapmen[6] for hisCalicos and Muslings, And that he would consider me for my paynes. 

[Footnote 4: East and by south, _i. E. _, midway between east andeastsoutheast. ]

[Footnote 5: Steered. ]

[Footnote 6: _I. E. _, Some customers or some selling agents. ]

That thereupon I departed from Capt. Kidd and went for Curacao where Iapplyed my selfe to Mr John Stonehouse and Mr Walter Gribble[7](Acquaintance of Captain Kidd) who promised to send A Sloope to him. Ialso Endeavored to procure him some Buyers for the Muslings andCallicos. 

[Footnote 7: See doc. No. 76, note 21. ]

That after doing my Errand and business at Curacao I ordered theMaster of the Sloope to shape his Course for the West End of PortoRico, But the Wind proving Northerly Wee fell in with the East end ofSavona and plyed to Winward for Mona in order to meet Captain Kidd, which I there did according to Appointm't and with him a Dutch Sloope, Jean Vander Bist Master, and a French Turtler, the Master's name Ihave forgot; Captain Kidd waited at Mona for the Curacao vessells Butthe Wind being about No. And from thence to NNE they could notpossibly Fetch Mona, So Captain Kidd's patience being tyred gott hisship under Saile and intended to Weather point Esperdo, [8] theEastermost part of Hispaniola, but the Deficiencies of his Ship beingso great he bore away for the West end of Savona, and there Anchored. A Day or two afterwards came into Our Company the Brigandin _MaryGold_, George Lorriston Master, and the _Elenora_, John Duncan Master. Then Cap't Kidd weighed Anchor with the sloop _Spey_, John Vander BistMaster, and Brigandine _Mary Gold_, sailed for the River Higuey in theIsland Hispaniola where Arriving he moored his ship across the Riverto the Stumps of Trees or Rocks on shoar. 

[Footnote 8: Punta Espada. ]

That there Capt. Kidd disposed of wine, part of his Cargoe, toseverall that came on Board to him And that at the same time I soldhim the Sloope _St. Antonio_. 

That Capt. Kidd tooke severall Goods out of his ship, and put them onBoard the Sloope I sould him and left his owne ship in the RiverHiguey and desired me to doe him all the service I could in sellingand disposeing of the Goods left on Board of the said ship for Accountof the Owners of the _Adventure Galley_. 

That Captain Kidd told me that my Lord Bellomont and my Lord ofOrford[9] and himselfe were some of the _Adventure Galleys_ owners andto the best of my Remembrance Sir John Somers. 

[Footnote 9: The Sir Edward Russell of doc. No. 71, note 1. He hadbeen created earl of Orford in 1697. ]

That Capt. Kidd shewed me a Commission under the Great Seale signed atthe Topp William Rex and another Commission signed by the Lords of theAdmiralty, the purport of neither of which I can remember, onely Capt. Kidd sayd his Commissions impowred him to take pirates and thesubjects of the French King. 

That Capt. Kidd at his going to New Yorke promised to return himselfeor send some other persons in two Moneths time to bring Necessaryesfor refitting his said ship the _Adventure Prize_ and also aCondemnation for the said ship and Goods and to indempnifye allpersons that should purchase any of the said Goods, alledging that thesaid ship was a lawfull prize being taken with a French passe whichCaptain Kidd shewed me, and actually in the time of War withFrance. [10]

[Footnote 10: See doc. No. 76, note 9. ]

That after the Departure of Capt. Kidd the Seamen shiped by him in thesaid ship did plunder and convert to their owne uses the best and mostchoicest of the goods of the said ships Cargoe, which did not come tomy Knowledge till they had been near Five Weeks on board the saidship, and indeed it was out of my power to prevent them had Idiscovered it sooner being only myselfe and Negro Boy, And they wereEighteen in numbers. 

That the said Seamen belonging to the said ship as afores'd when theyfound I was not ignorant of their villanies openly declared they wouldnot stay longer on board the said ship, but being terrified with thethoughts of Capt Kidds returning, they Joyned all (saving theBoatswaine) and came on the Quarter Deck and said I might remain inthe ship and be damned for they would stay no longer. The Man thatthus affronted me I shoved on the main Deck[11] and ordered the restto go on the Main Deck likewise and told them they had engagedthemselves to Capt. Kidd to stay on board the ship as long as I shouldbe there, And that I was resolved to stay till the two Months in whichCapt. Kidd promised to return were expired unless some ExtraordinaryAccident intervened: I also charged them with stealing out of theShips Hould severall Bales of Goods And that if they went from theShip before Capt. Kidd's Arrivall I was oblidged as his Friend and inmy owne Justification to write to all Governm'ts in those parts tohave them secured; this calmed them for two or three dayes. 

[Footnote 11: _I. E. _, shoved down from the quarter-deck onto the maindeck. ]

That the said Seamen did again Joyne and draw up a Paper directed tome setting forth their Resolution of leaving the Ship and signed withtheir names within a Circle commonly called a Round Robin, so gott onboard A Sloope and went for the Island Curacao leaving the Ship to meand three more. 

That after the departure of the said Seamen I stayd about a Week inthe ship and would have stayed longer had not a Friend of myne sent aSloope Express from Curacao to informe me the Spaniards of the Cittyof St. Domingo[12] were arming out a Brigandine to come and take us, which induced me to leave the said ship _Adventure Prize_ in the saidRiver Higuey and went to the Island Curacao in order to protest ag'tthe Seamen as aforesaid and to get what satisfaction the Law wouldallow, For at that time they had most of them three or Four hundredpounds a Man. But the said Seamen had gained their Ends so farr in theGovernm't that the Governor would not admitt me to stay in Curacaotho' at the same time John Ware Master of Capt. Kidd's ship and thesaid seamen were there openly protected; I do not charge this on theGovern'r[13] (who is since dead) For I should be very sorry todisturbe the Ashes of so good a Gentleman as I believe he was, but onsome of his Councill that did not desire I should face them. 

[Footnote 12: Not a hundred miles away. ]

[Footnote 13: Bastiaen (Sebastian) Bernage. ]

That I have not received of the produce of the Goods Capt. Kidd leftupwards of three hundred and Eighty peices of Eight, all the rest isin Debts outstanding which is much less than my Charges. [14]

[Footnote 14: But John Ruggles, master's mate of the _Primrose_ ofBoston, testified that, drinking in a public house at Charles Town, Nevis, with William Cheesers and William Daniel, he heard the formersay that Bolton had got £16, 000 by Captain Kidd. _Cal. St. P. Col. _, 1699, p. 416. ]

This is the full that presents to my Memory in Answer to their Lord'psDemands February 4th, 1700. 

HEN. BOLTON. 

_87. William Kidd to the Speaker of the House of Commons (RobertHarley). April (?), 1701. _[1]

[Footnote 1: From the manuscripts of the Duke of Portland at WelbeckAbbey. The Historical Manuscripts Commission's calendar of thosearchives, IV. 16, wrongly gives this petition the same date as thenext document, May 12, 1701. This petition was written before thetrials, which occurred on May 8 and 9, but after Kidd's appearancesbefore the House of Commons, which occurred on Mar. 27 and 31;_Commons Journal_, XIII. 441, 463. Kidd, Gillam, Bradish, Witherley, and 28 other pirates, mostly members of Kidd's crew, were shipped fromBoston soon after March 6, 1700 (eight months after his arrest), onthe _Advice_ frigate, and arrived in the Downs Apr. 11, the day onwhich King William brought to an end, by prorogation, the session ofParliament. In that session, chiefly as a means of attacking Somers, the lord chancellor, a party in the House of Commons had assailed thegrant of letters patent under which Kidd's enterprise had beenundertaken (Dec. 6, 1699). They were outvoted, but on Mar. 16, 1700, avote was passed for addressing the king that Kidd should not be tried, discharged, or pardoned till the next session of Parliament. TheAdmiralty concurred, May 2. The new Parliament came together Feb. 6, 1701; Harley was chosen speaker Feb. 11; the impeachment of Somers andOrford, in which the contract with Kidd was made the basis of onearticle, was voted Apr. 14. ]

_May it please Y'r Hon'r_

The long Imprisonment I have undergone, or the tryall I am toundergoe, are not soe great an affliction to me, as my not being ableto give your Hon'ble House of Commons such satisfaction as wasExpected from me. I hope I have not offended against the Law, but if Ihave, It was the fault of others who knew better, and made me the Toolof their Ambition and Avarice, and who now perhaps think it theirInterest that I should be removed out of the world. 

I did not seek the Commission I undertook, but was partly Cajold, andpartly menac'd into it by the Lord Bellomont, and one RobertLivingston of New York, who was the projector, promoter, and ChiefManager of that designe, and who only can give your House asatisfactory account of all the Transactions of my Owners. He was theman admitted into their Closets, and received their privateInstructions, which he kept in his own hands, and who encouraged me intheir names to doe more than I ever did, and to act without regard tomy Commission. I would not Exceed my Authority, and took noe otherships than such as had French passes, which I brought with me to NewEngland, and relyed upon for my Justification. But my Lord Bellomontseized upon them together with my Cargoe, and tho he promised to sendthem into England, yet has he detained part of the effects, kept thesepasses wholly from me, and has stript me of all the Defence I have tomake, which is such Barbarous, as well as dishonorable usage, as Ihope Your Hon'ble House will not let an Englishman suffer, howunfortunate soever his Circumstances are; but will intercede with hisMaj'ty to defer my tryall till I can have those passes, and thatLivingston may be brought under Your Examination, and Confronted byme. [2]

[Footnote 2: Whether the presence of the French passes at the trialfor piracy would have brought about Kidd's acquittal may be doubted, courts of justice being what they were; at all events Kidd, though heclamored for them from the day of his arrival in the Downs (_PortlandMSS. _, VIII. 78) till the day he was sentenced, was never able torecover them. The admiralty court refused to consider them. "Where arethey?" said the Lord Chief Baron Ward. Kidd's counsel could onlyreply, "We cannot yet tell whether they are in the Admiralty-Office, or whether Mr. Jodrell [clerk of the House of Commons] hath them". _State Trials_, V. 290. In point of fact the House of Commons, whichhad had all the papers before it for examination, had on Apr. 16, oninformation that Kidd desired the use of his papers at his trial, ordered the clerk to deliver them to the secretary of the Admiralty. _Commons Journal_, XIII. 379, 380, 496. --A photographic facsimile ofthe pass of the _Cara_ (_Quedah_) _Merchant_ is in Paine, _Book ofBuried Treasure_, at p. 104. ]

I cannot be so unjust to my selfe, as to plead to an Indictment tillthe French passes are restored to me, unlesse I would be accessary tomy own destruction, [3] for though I can make proof that the ships Itook had such passes, I am advised by Council, that It will littleavail me without producing the passes themselves. I was in greatConsternation when I was before that great Assembly, Your Hon'bleHouse, which with the disadvantages of a mean Capacity, want ofEducation, and a Spirit Cramped by Long Confinem't, made me Uncapableof representing my Case; and I have therefore presumed to send yourHonor a short and true state of It, which I humbly beg Your Honorsperusall, and Communication of to the House, if you think it worthytheir Notice. [4]

[Footnote 3: So when first arraigned, he tried to avoid pleading(_ibid. _, 287), but he was tried first for the murder of WilliamMoore, on which the passes had no bearing. William Moore was aninsubordinate gunner; after an altercation, Kidd hit him on the headwith a bucket, and he died. It was probably manslaughter, but the jurysustained the indictment for murder. After being condemned for murder, Kidd was tried (unfairly in several particulars) and condemned forpiracy. ]

[Footnote 4: Not doc. No. 88, I judge, but more probably the "Protest"printed in _Portland MSS. _, VIII. 78-80, a statement of Kidd's casewhich he had drawn up at Boston and on arrival in the Downs had sentto Orford. ]

I humbly crave leave to acquaint Your Honor that I was not privy to mybeing sent for up to Your House the second time, nor to the paperlately printed in my name[5] (both which may justly give Offence tothe House) but I owe the first to a Coffeeman in the Court of Wardswho designed to make a shew of me, for his profit; and the latter wasdone by one Newy a prisoner in Newgate to get money for his support, at the hazard of my safety. 

[Footnote 5: I cannot identify this paper (probably a broadside), butthe ingenious Newy was doubtless the author of _Captain Charles Newy'sCase, impartially laid open: or a . . . Narrative of the ClandestineProceedings aginst_ (sic) _him, as it was hatched . . . And . . . Carriedon by Mrs. M. Newey, widdow_ (London, 1700), a pamphlet which I havenot seen, but of which there is a copy in the British Museum. ]

I humbly beg the Compassion and protection of the Hon'ble House ofCommons, and Your Honors intercession with them on behalfe of

Your Honors

Most Dutifull and Distressed Serv't

WM. KIDD. 

_88. William Kidd to Robert Harley [?]. May 12, 1701. _[1]

[Footnote 1: From the manuscripts of the Duke of Portland at WelbeckAbbey. See doc. No. 87, and notes. The trials had taken place on May 8and 9, and Kidd was now under sentence. He was hanged at Wapping onthe shore of the Thames, May 23, 1701. The precept, or order for hisexecution, at Wapping "infra fluxum et refluxum maris" (_i. E. _, between high-water and low-water mark, according to admiralty custom), is quoted in Marsden, _Law and Custom of the Sea_ (Navy RecordsSociety), II. 263. ]

_S'r_

The Sence of my present Condition (being under Condemnation) and thethoughts of haveing bene imposed on by such as seek't my destructiontherby to fulfill their ambitious desieres makes me uncapable ofExpressing my selfe in those terms as I ought, therefore doe mosthumbly pray that you will be pleased to represent to the Hon'bl. House of Commons that in my late proceedings in the Indies I haveLodged goods and Tresure to the value of one hundred thousandpounds[2] which I desiere the Government may have the benefitt of, inorder thereto I shall desiere no manner of liberty but to be keptprisonner on board such shipp as may be appointed for that purpose, and only give the necessary directions, and in case I faile therein Idesiere no favour but to be forthwith Executed acording to mySentance. If y'r honbl. House will please to order a Committee to cometo me I doubt not but to give such satisfaction as may obtaine mercy, most Humbly submitting to the wisdom of your great assembly I am

S'r Y'r Unfortunate humble servant

WM. KIDD

NEW GATE 12th May 1701

[Footnote 2: His first figure, as quoted by Bellomont in doc. No. 77, was £30, 000. ]

_89. Captain Kid's Farewel to the Seas; or, the Famous Pirate'sLament. 1701. _[1]

[Footnote 1: Of this ballad, contemporary with Kidd's execution, thereis a unique copy in the famous collection of pamphlets belonging tothe Earl of Crawford, from which it is reprinted in Professor Firth's_Naval Songs and Ballads_, pp. 134-37, published by the Navy RecordsSociety. By oral transmission it had wide currency in New England. There are bits of it in Palfrey, _New England_, IV. 185, and inWatson's _Annals of Philadelphia_, ed. 1830, p. 464; and the editorremembers hearing his Salem grandmother sing parts of it. ProfessorGeorge L. Kittredge says that the Harvard College Library has abroadside of this American version, printed in Boston about 1810-1820, which, with some differences in the order of stanzas, is printed inDr. E. E. Hale's _New England History in Ballads_, pp. 40-46. Theoriginal version, which we print, purports to be written betweensentence and execution, May 9-23, 1701, and follows closely the chiefincidents brought out in the trials, and in the documents whichprecede. ]

To the Tune of _Coming down_. 

 My name is Captain Kid, who has sail' [who has sail'd], My name is Captain Kid, who has sail'd; My name is Captain Kid. What the laws did still forbid Unluckily I did while I sail'd [while I sailed, etc. ]. 

 Upon the ocean wide, when I sail'd, etc. , Upon the ocean wide, when I sail'd, Upon the ocean wide I robbed on every side, With most ambitious pride, when I sail'd. 

 My faults I will display while I sail'd, etc. , My faults I will display while I sail'd; My faults I will display, Committed day by day [_A line lost. _]

 Many long leagues from shore when I sail'd, etc. , Many long leagues from shore when I sail'd, Many long leagues from shore I murdered William More, And laid him in his gore, when I sail'd, Because a word he spoke when I sail'd, etc. , Because a word he spoke when I sail'd, Because a word he spoke, I with a bucket broke His scull at one sad stroke, while I sail'd. [2]

 I struck with a good will when I sail'd, etc. , I struck with a good will when I sail'd; I struck with a good will, And did a gunner kill As being cruel still when I sail'd. 

 A Quida merchant[3] then while I sail'd, etc. , A Quida merchant then while I sail'd, A Quida merchant then I robbed of hundreds ten, Assisted by my men, while I sailed. 

 A banker's ship of France, [4] while I sailed, etc. , A banker's ship of France, while I sailed, A banker's ship of France Before us did advance: I seized her by chance, while I sailed. 

 Full fourteen ships I see when I sailed, etc. , Full fourteen ships I see when I sailed; Full fourteen ships I see, Merchants of high degree; They were too hard for me when I sailed. [5]

 We steered from sound to sound while we sailed, We steered from sound to sound while we sailed; We steered from sound to sound, A Moorish ship we found; Her men we stript and bound while we sailed. 

 Upon the ocean seas while we sailed, etc. , Upon the ocean seas while we sailed, Upon the ocean seas A warlike Portuguese In sport did us displease, while we sailed. 

 At famous Malabar when we sailed, etc. , At famous Malabar when we sailed, At famous Malabar We went ashore, each tar, And robbed the natives there, when we sailed. 

 Then after this we chased, while we sailed, Then after this we chased, while we sailed, Then after this we chased A rich Armenian, graced With wealth, which we embraced, while we sailed. 

 Many Moorish ships we took while we sailed, Many Moorish ships we took while we sailed, Many Moorish ships we took; We did still for plunder look; All conscience we forsook while we sailed. 

 I, Captain Cullifoord, while I sailed, etc. , I, Captain Cullifoord, while I sailed, I, Captain Cullifoord, Did many merchants board, Which did much wealth afford, while we sailed. 

 Two hundred bars of gold, while we sail'd, etc. , Two hundred bars of gold, while we sailed, Two hundred bars of gold And rix dollars manifold We seized uncontrolled, while we sailed. 

 _St. John_, a ship of fame, [6] when we sailed, etc. , _St. John_, a ship of fame, when we sailed, _St. John_, a ship of fame, We plundered when she came, With more that I could name, when we sailed. 

 We taken was at last, and must die, etc. , We taken was at last, and must die; We taken were at last, And into prison cast: Now, sentence being past, we must die. 

 Tho' we have reigned awhile we must die, etc. , Tho' we have reigned awhile we must die; Tho' we have reigned awhile, While fortune seemed to smile, Now on the British Isle we must die. 

 Farewel the ocean main, we must die, etc. , Farewel the ocean main, we must die; Farewel the ocean main: The coast of France or Spain We ne'er shall see again; we must die. 

 From Newgate now in carts we must go, etc. , [From Newgate now in carts we must goe;] From Newgate now in carts, With sad and heavy hearts, To have our due deserts we must go. 

 Some thousands they will flock when we die, Some thousands they will flock when we die, Some thousands they will flock To Execution Dock, Where we must stand the shock and must die. 

[Footnote 2: See doc. No. 87, note 3. Captain Kidd, says the record ofthe trial (_State Trials_, V. 290), called Moore "a lousy dog". "SaysWilliam Moore, 'If I am a lousy dog, you have made me so; you havebrought me to ruin, and many more'. Upon his saying this, says CaptainKid, 'Have I ruined you, ye dog?' and took a bucket bound with ironhoops and struck him on the right side of the head, of which he diednext day. "]

[Footnote 3: See document 76, note 9. ]

[Footnote 4: _I. E. _, a French fishing ship, bound to the banks ofNewfoundland. See the second paragraph of doc. No. 76, Kidd'sstatement. ]

[Footnote 5: The reference is to Kidd's projected, but abandoned, attack on the "Mocha fleet" at Babs Key, near the mouth of the RedSea. ]

[Footnote 6: This ship I do not identify; the name is perhaps due tomisunderstanding of a passage in the trials. ]

THE _FIDELIA_. 

_90. Examination of William Sims. October 22, 1699. _[1]

[Footnote 1: Suffolk Court Files, Boston, no. 4682, paper 3. The caseis not precisely one of piracy, though piracy was at first suspected, but rather of the receipt of piratical goods. Bellomont writes to theBoard of Trade, Oct. 24, 1699 (_Cal. St. P. Col. _, 1699, p. 486), thathe had lately seized at Boston a ship and some East India goods; thatthe officers of the custom house were not nimble enough or they hadgot all the goods, worth above £2000; that that which first gave him a"jealousy" of the ship was the fact that the master, William Sims, aman formerly burnt in the hand for stealing, had gone forth a poor manand come back master and half owner of a ship. The ship was seized, condemned, and sold for the crown, and Sims committed to jail. He hadsailed as master of a sloop to Curaçao, and thence to Crab Island(Vieques, see doc. No. 72, note 5). _Ibid. _, 499. Bellomont suspectedthat what he found there in August had been derived from Kidd in May. ]

Suffolk SS. BOSTON, October 22, 1699 nine a clock at night:

The Examination of William Syms of Boston, Marriner, Master of theShip _Fidelia_, as followeth, Vizt. 

The Examinant saith That sometime in the month of August last past, hebeing at Crabb Island in the West Indies, where was lying the sd Ship_Fidelia_, one Tempest Rogers then Master of her, [2] of whome thisExaminant and John Brett of Antigua Merchant (then at the aforesdIsland) bought the sd Ship, and the Examinant was Ships' Master ofher, and after their buying of the sd Ship, the sd Rogers tooke out ofthe sd Ship seaveral Bayles of Goods to the number of about twenty andladed them upon the Sloop which he had of the Examin't in part paymentfor the Ship, and left several bayles on board the Ship wch thisExaminant Supposeth the said Mr. Brett bought of him: said Rogersdeclared that he came from the Coast of Guinea, saying also that hehad been at Madagascar, and the Examinant saw the sd Rogers Sellseveral Bayles of Goods at Crabb Island to several Merchants that camethither: which Bayles were opened and contained Silke Muslins andother Muslins, Callico's and other East India Goods, and sd Rogerssaid he had remitted home to his owners the value of Twenty sevenThousand pounds in money by good bills of Exchange. And after theExamin't left Crabb Island with his Ship he Stopt at Portreico, [3]tooke in some Ballast and Provisions and came directly for NewEngland, Mr. Brett aforesd, his Merchant and part owner, being onboard, and when they came into the Massachusetts Bay as high as theGurnett[4] off Plymouth, they spoke to a Sloop that was then fishingin the Bay to come onboard, and sd Brett treated with the sd Sloopmen, and the Bayles then on board the sd Ship to the number of Fourteen orFifteen, containing (as the Examinant supposeth) East India Goods, were put out of the Ship into the sd Sloop, and the Examinant and sdBrett also went onboard of her leaving the Ship in charge with JamesWilliams the Mate, and came up to Boston in the Sloop bringing in herthe aforementioned Bayles, and arrived there on a Monday night aboutthe latter end of September last past about Eight aclock in theEvening, at the Wharffe on the backside of the Queen's head Inn, andthe Examinant went with sd Brett into the aforesaid Inn to procure aLodging for him and then went directly home to his own house; Saith heknows not when or where the sd Bayles were put on shore nor howdisposed of, he signed no Bills of Ladeing nor receipt for them: AndSaith he knows neither the Sloop nor men which brought them up;Supposeth it to be a Sloop belonging to some Country Town lying on theSea Coast. Further the Examinant saith that the sd Brett was notwilling to have come with the sd Ship to New England but would havegone to Carolina or East Jersey. 

WILLIAM SIMS

Capt. Cor. ISA. ADDINGTON, J. Pc. 

 [Marginal note] the sd Bayles were about three foot and a halfe long, about a foot and a halfe over and something more than a foot deep, each of them. 

[Footnote 2: She had cleared from London in November, 1697, forMadagascar (testimony of Edward Davis, her boatswain, who on arrivalthere in July, 1698, joined himself to Kidd, and came home with him, _Commons Journal_, XIII. 28). After selling the _Fidelia_ and hergoods, alleged to be largely Kidd's, Capt. Tempest Rogers settled atSt. Thomas, where, says Richard Oglethorp (_Cal. St. P. Col. _, 1706-1708, p. 24), "any piratt for a smale matter of money may beenaterlized Deane"; there he became "a sworn Deane", removed to St. Eustatius (Dutch), engaged in the contraband trade which these neutralislands maintained during the war between Great Britain and France, and finally died among the French--_ubi bene, ibi patria_. ]

[Footnote 3: Puerto Rico. ]

[Footnote 4: The Gurnet is the north point of the entrance to Plymouthharbor. ]

_LA PAIX. _

_91. Orders of Governor Nicholson to County Officers. April 28, 1700. _[1]

[Footnote 1: Oxford, Bodleian Library, MS. Rawlinson C. 933, fol. 8;also in P. R. O. , C. O. 5:1311, no. 16. The piracies of _La Paix_, insidethe capes of Virginia, show how bold the pirates had become, betweenwars, and the story of her capture how real the danger. She was aDutch ship, which, seized by pirates, had run quite a career ofdepredation in the West Indies before she and her consorts appeared inLynnhaven Bay. Her whole story is told in Bruce, _InstitutionalHistory of Virginia_, II. 217-226, and there the history of hercapture may be followed consecutively, but the documents herepresented show vividly how the news of her villanies and of her fatecame to the authorities. The trial of the pirates is in C. O. 5:1411, Public Record Office (transcript in the Library of Congress). Col. Francis Nicholson was now governing Virginia for the second time, 1698-1705. Being himself in Elizabeth City County, he addresses theseorders to the commanders of the militia in York, the next county. Gloucester, Middlesex, Lancaster, Northumberland, and Westmoreland, named below, were, in succession, the maritime counties lying to thenorthward. ]

Virginia SS. 

KIQUOTAN[2] Aprill 28th 1700 between3 and 4 a Clock in the afternoon. 

[Footnote 2: Hampton. ]

Capt. John Aldred, Commander of his Maj'tes Ship _Essex Prize_, [3]hath just now given me an Account that there are 3 or 4 Ships orvessels in Lynhaven-bay, [4] who are supposed to be pyrates. I doetherefore in his Maj'tes Name command you that upon Sight hereof yougive Notice to the Commanders of the Ships and vessels in York Riverthat they take care of their Ships and vessels, and that you doImediately Order the Militia in your parts to be ready, and you mustfortwith dispatch an Express to the Colo. And Chief Officers of theMilitia of Gloster, whom I also hereby Command in his Maj'tes Name tohave their Militia ready, and they are forthwith to dispatch anExpress to the Colo. Or chief officers of Middlesex, whom I doe alsoin his Maj'tes Name Command to have their Militia ready, and they areto give Notice to the Commanders of ships and vessells inRappahannock, that they may take care of their ships and vessels, andthe officers of Middlesex are imediatly to send an Express to theColo. And Chief officers of Lancaster, whom I do also in his Maj'tesName command to have their Militia ready, and if any Ship or vessel bein their County, to give them Notice that they may take care of theirships and vessels, and the oficers of Lancaster are forthwith to sendan Express to the Collo. Or Chief officers of the Militia ofNorthumberland, whom I do also in his Maj'tes Name Command to havetheir Militia ready, and they are to give Notice to the Commanders ofships or vessels in their County that they take care of their shipsand vessels, and the Colonel or Chief officers of Northumberland areimediatly to send an Express to the Colo. Or Chief Officers of theMilitia of Westmoreland, whom I doe also in his Maj'tes Name commandto have their Militia ready, and if any Ship or vessel be in theirCounty to give the Commanders Notice that they may take Care of theirShips and vessels. The Colonel or Chief officers of Northumberland Idoe hereby Impower in his Maj'tes Name forthwith to press a good boatand able men and send an account to any of his Maj'tes officers eitherMilitary or Civill in his Maj'tes Province of Maryland, of these 3 or4 ships or vessels being in Lynhaven bay, and that they are desiredimediately to Dispatch an Express to his Excell'y Nathaniel Blakiston, Esqr. , his Maj'tes Capt. Gen'll and Governor in Chief and Vice Admiralof his Maj'tes Province of Maryland. And I do in his Maj'tes NameCommand all officers both Millitary and Civil to Obey and follow thesemy Commands, and all his Maj'tes Loveing Subjects are hereby requiredto pay all due Obedience to these my Commands and to be Aiding andAssisting what in them lyes to their officers both millitary andCivill, and I do further hereby command all officers both millitaryand Civill, and all other his Maj'tes Loveing Subjects, Strictly toobserve and put in Execution an Act Passed last Session of Assemblyagainst Pyrates and privateers. [5] And I doe hereby promise to anyperson or persons who shall take or kill any Pyrate that shall belongto Either of these 3 or 4 ships or vessells now in Lyn haven bay, areward of twenty pound sterling for Each pyrate that they shall eithertake or kill, And lastly I do in his Maj'tes Name Command all officersboth Military and Civill and all his Maj'tes Loveing Subjects of thishis Maj'tes most ancient and great Colony and Dominion of virginia, that they will give all Due Obedience and follow all these my Commandsas they will answer the Contrary at their utmost perills. Given undermy hand and lesser Seal at Arms the Day and year above written, in thetwelfth year of the Reign of our Sovereign Lord William the third, bythe grace of God of England, Scotland, France, and Ireland King, Defender of the faith, etc. 

[Footnote 3: A guardship of the royal navy was in these days kept inVirginian waters. At the moment, it happened, there were two, the_Essex Prize_, 16 guns, which had been there since the spring of 1698and was now about to return to England, and the _Shoreham_, Capt. William Passenger, a larger vessel which was to take her place, andwhich had arrived Apr. 10, 1700. The _Essex Prize_ was careened at themoment, and not available; Beverley, _History of Virginia_, p. 94. ]

[Footnote 4: A roadstead on the south side of the Chesapeake, betweenCape Henry and Willoughby Spit. ]

[Footnote 5: The act is in Hening, _Statutes at Large of Virginia_, III. 176-179, passed in May, 1699. It had been superseded by the act11 and 12 Will. III. C. 7, passed in the session of Parliament justended, that of Nov. 16, 1699-Apr. 11, 1700, but that fact would notyet be known in Virginia. On Apr. 28, 1699, the Virginia council hadissued a proclamation against pirates, which is printed in the_Virginia Magazine of History_, VIII. 191. ]

To Lieut Collo. Thomas Ballardor Majr. William Buckner at York Town

who are to take a Copy hereof, and Dispatch it as Directed and EachColonel or Chief officer is also to take a Copy hereof and dispatch itas Directed. Lieut. Collo. Thomas Ballard and Major Wm. Buckner areto send an Express to the Hon'ble Col. Edmd. Jenings, with a Copy ofthis, and they are likewise to send a Copy of this to Collo. PhilipLudwell, who is in his Maj'tes Name Commanded to have the Militia ofJames City ready by this Order of

KIQUOTAN, Ap'll 28th 1700

Whereas this Day I have received Informacion that there is three orfour ships or vessels now riding at anchor in Lynhaven bay, suspectedto be Pyrates or Privateers, These are therefore in his Maj'tes Name to will and require you onSight hereof to give Notice to all officers and Souldiers under yourComand to be in readiness with their Armes and amunition at one houresWarning as you Shall receive further Orders. Given under my hand andLesser Seal at Armes the Day and Year above written. 

To Lieut. Collo. Miles Cary, Comander in Chief of hisMaj'tes Militia in Warwick County. [6]. . . 

FR. NICHOLSON. 

[Footnote 6: Warwick and James City lay westward, up the James River. A series of directions like those sent northward was also sentsouthward, to Norfolk, Princess Anne, Nansemond, and Isle of Wight. ]

_92. Deposition of William Fletcher. May 2, 1700. _[1]

[Footnote 1: Bodleian Library, MS. Rawlinson C. 933, f. 12. Anenclosure in no. 93. ]

The Deposition of William Fletcher, Master of the ship _Barbadoesmerchant_ of Leverpoole, Sworne the Second Day of May 1700, Saith

That about 30 Leagues from the Capes upon the 23th Day of Aprill Apink[2] of about 100 tons bound from Barbadoes to virginia, no greatguns, and between 50 or 60 men, most french and Dutch and some Irishmen[3] lately taken by Pyrates, Seized his ship, rifled her, andbarberously used him and a Merchant belonging to him, by whom they hadaccot. That the Cheif Pirate[4] was about 24 Guns and about 140 Tons, and another about the same burthen but what force he could not learn, and a Sloope of Six Guns: in all 4 pirates. Designing to get some goodShips and more Company as they Could, [they favored (?)] this Deponantand used much kindness to his men and persuaded them to goe with them, which when they refused the Pirates used them Cruelly, cut away allhis Masts, Sailes and Rigging and bolespritt, [5] and threw all overBoard, tooke all their Candles, broke their Compases, and Disabledthem soe as they Supposed the ship would perish and never giveIntelligence: and all 4 of the Pirates would pass by them and in a wayof Deriding ask why they Cut away their Masts, and soe left them, Supposeing they had left them nothing to help themselves, for theythrew over Board a Spare topmast which lay upon the Deck, but byprovidence their foremast and Sailes and Rigging thereof hung by theirSide unknown to the Pirates, wherewith they fitted Jewry Masts[6] andfound a Compass under some old Oakcum, with which on Sunday night the28th Day of Aprill they got into the Capes and are now in Accomack:[7]but took away all Letters, Papers, Bookes, Certificates andCocquits, [8] and would not leave any manner of writings, soe as theyhave no thing to Shew, tooke away his Carpenter, and another man, andtook away his Long boat, and Complained for want of Powder andtobacco, and beat this Depont. After they had Stript him, that if anIrishmen had not Interceeded he beleves they would have kild him withthe flat of their Curtle-axes, [9] the Cruelty being used to them byfrench men, and saw no Englishmen, all which and much more barbaritythis Depont. Affirmeth to be truth

WM. FLETCHER. 

Sworn the second Dayof May 1700 beforeCha. Scarburgh. 

[Footnote 2: A pink was a vessel having a narrow stern, bulging sides, and a flattish bottom. ]

[Footnote 3: The crew of _La Paix_ is reported in the trial tocomprise three Dutchmen, one Swede, one Norwegian, one Englishman, therest French or from the French islands. ]

[Footnote 4: _La Paix. _]

[Footnote 5: Bowsprit. ]

[Footnote 6: A jury-mast is a temporary mast set up as a substitute. ]

[Footnote 7: On the Eastern Shore of Virginia, across the Chesapeake. ]

[Footnote 8: A ship's cocket was a custom-house certificate that themerchandise had been duly entered and had paid duty. ]

[Footnote 9: A perversion of "cutlasses". ]

_93. Charles Scarburgh to Governor Nicholson. May 3, 1700. _[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 271, f. 48. Col. Charles Scarburgh or Scarborough was the chief magnate of the EasternShore, and a member of the governor's council. ]

_Excellent Sir_

I have Enclosed sent you the Deposition of Wm. Fletcher, which Isuppose may be a more particular accot. Then any your Excell'y mayreceive. He ad's that the Pirates boasted much of their great strengthby sea, and that there were sufficient of them to repell any forcethat would be sent against them, and used many enticements to perswadehis men to goe with them: and I Doubt it will be impossible to securethe Navigation to and from this Country, and stop their PiraticallInvations, without a greater force. Capt. Fletcher haveing lost hisCertificate, Cocquetts, and Register, cannot be entered and sufferedto Load without your Excellys order. The ship hath used this Placemany Years: and this Master in her last Year produced hisCertificates, Cocquets, and Register, all which are in my booke ofEntryes:[2] he hath the same Owners and [as?] the ships here. HisTownsmen will refitt him and hath his Loading and Tobacco ready: andit would be severe if his misfortune should Doubly injure him. Besidesit would prejudice his Majestys revenue to forbid him to Load, therefore suppose if he gives Security to unload in England he may bepermitted to trade: if your Excellency think fitt. I lay wind boundand [at (?)] Mr. Mekennies at Elizabeth River, and on Sunday lastafternoon we saw a ship come in: and imediatly the _Shoreham_ loosedand went to turn out of the River, when we Crossing over to Castlepoint[3] Mr. Makennie spoke with Capt. Passenger, who told him a Pirathad pursued that ship and taken others and desired we would notadventure into the Bay but lye at the Poynt. Next morning early we sawCap. Passenger on the back of the horshooe, [4] standing Down towards 3ships in Lyn haven bay, who when he came up with them fired upon him, and the Pyrate imediately gott to sail and stood directly with Capt. Passenger, who got the weather gage, and Imediatly followed as sharp aDispute as (I thinke) could be betwixt two ships, of which we werefull spectators Dureing the whole engagement: and in my Judgment Capt. Passenger behaved himself with much Courage and good Conduct, haveingto Deal with an Enemy under a Desperate choice of killing or hanging, and I believe few men in their circumstances but would elect thefirst. The Conflict briskly maintained from soon after sunrise untillabout 4 afternoon. On thursday May the second Fletcher gott in hereand gave the inclosed accot. , [5] which I beleive much Imports hisMaj'tes service and Interest, least thinking the Pirate aforesaidmight be all, security would Endanger many ships. Fletcher furthersaies these are not of them who tooke Burgis last Year but others, andperhaps more may come upon the same accot. As these doe. I supposeyour Excelly will think fitt to lay on a Gen'll Embargoe untill someAssureance that the Coast is Clear: and believe York River will bemore Convenient then James River, in Regard ships must goe to the Capeto Clear the horshooe before they can gett into James River, and soemay be Endangered. I wait your Excellys Order and Directions andwithall to favour me with a true relation of the success of theAction betwixt Capt. Passenger and the Pirate:[6] I humbly take leaveto subscribe Right Excellent

Your Excellencies Faithful andmost Obliged servant

CHA. SCARBURGH. 

May 3d 1700

[Footnote 2: Colonel Scarborough was also collector of customs in hisdistrict. ]

[Footnote 3: Old Point Comfort? It is just possible that "Mr. Mekennie", p. 264, or "Mr. Makennie", here, may mean the celebratedpioneer of Presbyterianism, Rev. Francis Makemie, who is sometimessaid to have lived in Lynnhaven parish before settling down inAccomac, on the Eastern Shore. ]

[Footnote 4: The Horseshoe is a sandy shoal running from the shorenorth of Old Point Comfort eastwardly toward the channel between CapeCharles and Cape Henry. ]

[Footnote 5: Doc. No. 92. ]

[Footnote 6: For Captain Passenger's own account, see _Cal. St. P. Col. _, 1700, p. 311. Governor Nicholson accompanied him in person, aboard the _Shoreham_. During most of the fight the two ships werewithin pistol-shot of each other. Finally the pirate, with all mastsand sails shattered, drifted aground. Then, having laid a train tothirty barrels of gunpowder, he threatened to blow the ship up, andthe governor, to save the lives of the forty or fifty Englishprisoners, gave quarter, promising to refer the pirates to the king'smercy if they should surrender quietly. So 111 of them were sent toEngland in the _Essex Prize_ and the fleet of merchantmen convoyed byher, June 9. The trial was of three who were brought in without havingbeen included in the surrender. It was held, in accordance with theVirginian act, by a commission of oyer and terminer, appointed by thegovernor. All three of them were hanged, although "One of them, Cornelius Frank, said, Must I be hanged that can speake allLanguages"? Another curious passage in the trial deserves to bequoted: "_Mr. Atty. Gen. _ Did the Pyrates talk of blowing their Shippup? _Ed. Ashfeild. _ Yes, they did, and went to prayers upon it. " Norless the picture, in the evidence of either this or an adjoiningtrial, of the pirate captain "with a gold chain around his neck, and agold Tooth-picker hanging from it"--_nouveau riche_!]

_94. John and Adam Thorowgood to Captain Passenger. May 3, 1700. _[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 89. Anenclosure in doc. No. 95. The Thorowgoods were substantial planters ofPrincess Anne County, dwelling near Lynnhaven Bay. ]

_Sir_

This Day 7 men which had been taken by a Pirate in a Pink without anygreat Guns, only small Armes, and very litle Ammunition, came on shoreand informed us this News, which we thought convenient to Inform you, that you may act according as the Necessity requires. Also Adam Hayes, a man who lives on the Sea side, Informes us, he Yesterday saw a Pinkand Brigantine rideing at Anchor in sight of his house, 8 or 10 milesto the soward of Cape Henry. The Brigantine he suppose came out of theCapes. About 3 of the Clock in the afternoon he saw a boat goe from onboard the Brigantine, to the Pink. After that two boats were Passingand repassing from one vessel to the other till near night, at whichtime the Pink weighed and stood of to sea. The Brigantine remainedthere till within Night, but this morning Neither of them to be seen. The abovesaid 7 men informed us the Pink which took them hath but 16men which belonged to the Pyrate and 9 Prisoners. They say shebelonged (before taken) to Biddeford[2] and is an Extraordinary goodsailer. They also tell us they were put into a Boat and turned aDrift, they think because they were to many to be kept on board, beingthen 16 men Prisoners, and now as abovesaid but 9. Likewise on tuesdaylast they tooke a Bristol man and Cut down their Masts and Boltspritteand left them as a wreck in the sea, as also another they tooke andCut a hole in her bottom and let her sink in the sea, and that theywere Ordered by the Pyrate You took last munday[3] to Cruise in theLattitude of the Capes till they came out to them. Sir, this is all wethink materiall at present to be Informed you by

Your Humble servants

JNO. THOROWGOOD, sher. [4]ADAM THORWGOOD

PRINCESS ANN COUNTYthe 3d of May beingFryday, 1700. 

[Footnote 2: In Devonshire, England. ]

[Footnote 3: April 29. _La Paix_, Capt. Louis Guittar. ]

[Footnote 4: Sheriff. Adam was sheriff the next year. ]

_95. Benjamin Harrison, jr. , to Governor Nicholson. May 4, 1700. _[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 89 b. BenjaminHarrison, jr. ("Benjamin Harrison of Berkeley") was the son of amember of the council ("Benjamin Harrison of Surry") and was himselfattorney-general of the colony. He was great-grandfather of PresidentWilliam Henry Harrison. ]

_May it Please your Excell'y_, Last night about six of the Clock the inclosed letter[2] came to Capn. Passengers hand whilest we were on board, and he desired me totransmitt it to your Excelly. He had not time to write wee being Justcomeing away, and much Company with him. About the same time came infrom sea the Brigantine mencioned in the inclosed letter, and theMaster of gives a relacion pretty agreable to the letter in everythingonly he sayes there were about 50 men on board the Pinke when he wastaken, so that 'tis Probable they will lye there, to watch for otherships. As far as I can understand by this Master the litle shipmencioned in the letter to be sunk was wheeler, who brought the Brandyand wine into York River; I am

your Excellys

most Obliged Humble serv't

B. HARRISON Jnr

WILLIAMS BURGH, May 4, 1700, 10 at Night. 

[Footnote 2: Doc. No. 94. ]

_96. Governor Nicholson to Captain Passenger. May 4, 1700. _[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 90. ]

JAMES TOWN, May 4, 1700, [2]about Eleven a Clock at Night. 

[Footnote 2: The seat of government had just been removed fromJamestown to the new capital, Williamsburg. ]

_Capt. Wm. Passenger_

_Sir_, Just now I received a letter from my friend Mr. Benja. Harrison, withan inclosed one to you from the two Mr. Thorowgoods, a Copy of which Ihere send you. [3] if his Maj'tes ship the _shoreham_ under yourCommand be at present capable of goeing to sea to look after thePirates in the Pink, etc. , I would have you doe it as soon as, Godwilling, wind and weather permitts: but if the _shoreham_ be not in asailing Condicion, then you may, if you think Convenient, sent yourboat or boats to looke after the said Pyrates, in order Either totake or burn the said Pink. And I do hereby Authorize and impower youto stop all ships and vessells from goeing out of the Capes, and Orderthem up to Kiquetan. 

[Footnote 3: Docs. No. 94 and no. 95. ]

If you cannot be here your Selfe Either on Monday or tuesday yet Iwould have Capt. John Aldred, Commander of his Maj'tes Ship the _EssexPrize_, be here; in the Interim remain

Your most affectionate Friend

If you conceive it proper, You may send the Prize which you have takeneither to take, sinke, or burn the Pink on board which are thePyrates. In Order thereunto You may Put what men and Guns on board, You think Necessary. 

I hope you have secured for his Maj'tes Service the seamen whichbelong to Capt. Harrison, etc. , and you will do the like by those, which Mr. Thorowgood sayes come on shore. And for so Doeing thesethings, this shall be your sufficient Warrant and Authority. Givenunder my hand the Day and Year above written. 

_97. William Wilson to Governor Nicholson. May 5, 1700. _[1]

[Footnote 1: Bodleian Library, MS. Rawlinson C. 933, f. 10. Col. Wilson was a justice of the peace for Elizabeth City County. ]

_May it please your Excelly_

I have here enclosed a few lines[2] Concerning a Brigantine thatsailed out of the Capes last wednesday. [3] it should been sent youbefore this. I had it this Day from Capt. Cole at Church. If the Capt. Had sent the Master on shore (who had no boat of his owne) or a lineto me about it, Your Excellency had sooner Notice. 

[Footnote 2: Doc. No. 98. ]

[Footnote 3: May 1. ]

The french Prisoners are equally Divided amongst the three Capts. , whohave them under Guard. The wounded men att John Smiths died lastNight. Suppose this Pink is that that was taken a coming fromBarbadoes, and the longer he lyes the more harme he do and gathermore strength, which is all that offers from

Your Excellys humble servt. To Command

WM. WILSON. 

I did designe to have sentthis by an Express, but therecame one from your Excell'ywith a Letter to Capt. Passenger. 

_98. Captain Michael Cole to William Wilson. May 5, 1700. _[1]

[Footnote 1: Bodleian Library, _ibid. _ Capt. Michael Cole was masterof the _Friends' Adventure_; he had come into James River on his wayfrom South Carolina to London. ]

KIQUOTAN

Satterday morning being aboard the man of Warr _Shoreham_ there foundthe Master of Brigantine which came in here the Evening before, whosayes that on thursday morning last he was taken by the Pyrates about2 leagues Southward the Cape Henry, in a Pink, who tooke from him hisSailes, Masts, and provisions, and all his Necessaries and Cut of[f]the head of his Rudder as low down as they Could, to disable him ofgetting in. His fore Yard they also tooke from him. He likewise sayesthat they spoke some English aboard and that they are about 40 or 50strong besides the Prisoners, but they would not suffer him to Speaketo any of them, but was threatned to be Shot for Speaking only to oneand asked (and that softly) what are you, who answered, I am aCarpenter who belonged to a vessell of about 110 Tons loaded in YorkRiver which they sunk. When they left him they stood NE. And believesthey Intend of the Coast as soone as they meet a vessell which theyhave an Accot. Of, Dayly Expected here from Guinea. 

MICH'LL COLE. 

May 5, 1700. 

_99. Libel by Captain William Passenger. May 11, 1700. _[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 91. A libel, in admiralty law, is a plaintiff's or claimant's document containinghis allegations and instituting a suit--in this instance a prizesuit. ]

Virga. Ss. Att the Court of Admiralty held at Hampton Town on Saturdaythe 11th day of May in the 12th year of the Reign of our SovereignLord William the third, of England, Scotland, France and Ireland King, Defender of the faith, etc. , annoq Domini 1700, Before the Hono'ble Edward Hill, Esqr. , Judge of the sd Court, [2] cameCapt. William Passenger, Commander of his Maj'tes ship the _shoreham_, and Exhibited the following Libel in these Words

[Footnote 2: A court of vice-admiralty was first erected in Virginiain 1698, and Hill was the first judge appointed. He was commissioned(Mar. 8, 1698) by Governor Andros, by virtue of the latter'scommission (June 26, 1697) from the High Court of Admiralty inEngland; so say the Virginia council, in _Va. Mag. Hist. _, XXII. 245, but the record of this latter commission in London dates it Apr. 29. Am. Hist. Assoc. , _Annual Report_, 1911, I. 518. ]

Virg'a. Ss. May the 11th in the 12th year of his Maj'tes Reign, AnnoqDomini 1700. 

To the Hon'ble Court of Admiralty:

William Passenger, Commander of his Majestyes ship the _shoreham_, aswell for and in behalf of his Majesty as for and in behalfe ofhimself, officers and Company on Board the said ship, Humbly gives this Court to understand and be Informed that on the 29thDay of Aprill last Past, in his Maj'tyes said ship the _Shoreham_, within the Cape of Virga: he engaged, fought and tooke a Company ofPirates or sea Robbers which were in a ship called the _Peace_, ofabout two hundred tons Burthen, Mounted with twenty Gunns, which saidCompany of Pyrates or sea Robbers in the aforesaid ship for severalldayes before their being soe taken did in an Open, Warlike, Hostile, and Piraticall manner Assault, Attack, Fight, take, Robb, Burn, andspoile severall Merchant ships belonging to the subjects of oursovereign Lord the King (Vizt. )

A Pinke Called the _Baltimore_, John Loveday Master, A Sloope Calledthe _George_, Joseph Forest Master, A Ship Called the _PensylvaniaMerchant_, Samuell Harrison Master, A Ship Called the _Indyan King_, Edward Whitaker Master, A Ship Called the _Nicholson_, Robert LurtingMaster, who in a Peaceable and Lawfull manner were comeing into andgoeing out of the aforesaid Cape of Virga. With their severall Goodsand Merchandizes, etc. And also the aforesaid Company of Pyrates orsea Robbers, in the aforesaid ship, at and upon the aforesaid time andPlace, in a Hostile and Warlike manner, did fight his Maj'tes saidship the _shoreham_, but they being overcome and taken as aforesaidthe aforesaid William Passenger, in behalfe as aforesaid, praysCondemnation of the aforesaid Pirats ship Called the _Peace_, with allher Gunns, Ammunition, tackle, furniture, and apparell, to be devidedand Proportioned according to the Rules and Orders of the sea, in suchCases made and provided, etc. 

W. PASSENGER. 

_100. Deposition of William Woolgar and Others. [June 11, 1700. ]_[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 271, f. 40. ]

Virginia sct. 

William Woolgar, Peter Shaw, Francis Warrell and Joshua AtkinsonExamined and Sworne say

That on or about the 28th April in the year of our Lord God OneThousand seaven hundred, being sailers on board the _Indian King_bound for London, about three or four Leagues from Cape Henry theywere attack'd and taken by a french Pirate of twenty Gunns by somecalled _La Paix_, who Comanded the Master of the said _Indian King_ onBoard the Pirate, who upon the same hoisted out his Yaul and went aboard them with 4 of his men, upon which severall of the Pirates cameon board the _Indian King_ with the aforesaid Yaul and return'd her onboard the Pirate with the mate, Doctor and sundry Passengers of theshipp aforesaid. The said Deponants further say that the Pirateaforesaid, with their shipp and another small ship taken by them, cameinto Lyn haven, where they Attack'd and took another Shipp, whoseComander they have since understood to be called Robert Lurten, andcame all to an anchor in Lyn haven bay, where they plundred the said_Indian King_ of some of her provisions and rigging with other things. And that on the 29th in the morning their came out of James River hisMaj'tys Shipp the _Shorham_, which Engaged the said Pirate about 7 aClock in the morning and forced them to surrender about 4 or 5 a Clockin the afternoon, there being two of the said Depon'ts (to witt)William Woolgar and Peter Shaw on board the _Shorham_ the most part ofthe Engagement. And further the said Deponants say not. 

FRANCIS WARRELL. WM. WOOLGAR. JOSHUA ATKINSON. PETER SHAW. 

Sworne to before the Court of Oyer and Terminer for Tryall of Pirates

Test, PETER BEVERLEY Cl. Arr. [2]

[Footnote 2: Clerk of arraignments. ]

_101. Deposition of Joseph Man. [June 11, 1700. ]_[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 271, f. 44b. Man, anable seaman, was afterward taken over to England to testify againstthe pirates, and was granted £60 by the Privy Council for his servicesin the fight, besides five months' pay promised him by Nicholson. _Acts P. C. Col. _, II. 360. ]

Virginia Sct. 

Joseph Manns aged 30 yeares Examd: and Sworn saith

That on Sunday being the 28th day of April last past Capt. JohnAldred, Comander of his Maj'tys Shipp the _Essex Prize_, came onShoare to Collo. William Willson at Kyquotan and informed hisExcellency Francis Nicholson, Esqr. , his Maj'tys Lieut. And GovernorGen'll of Virginia, and Capt. Passenger, Comander of his Maj'tys Shippthe _Shorham_ Galley, in the hearing of this depon't, that he hadbeen on board of a Pink and was there informed that there was a Piratelay in Lyn haven bay and that she made her Escape from them, uponwhich information soe as aforesaid given Capt. Passenger immediatlywent on board his Maj'tys shipp the _Shorham_ and got her under saile, designeing to goe downe in the night, and this depon't further saiththat upon the aforesaid 28th day of April in the Evening hisExcellency, accompaned with Capt. John Aldred, Peter Heyman, Esqr. , [2]and this depon't, went on board his Maj'ty's ship the _Shorham_. Thenext morning about six of the Clock wee came up with the Pirate (whichthis depon't since understands is called the _La Paix_, the Captainesname said to be Lewis Guittar). We threw abroad the Kings Jack, flaggand Ancient, [3] the Pirate hoisted up blood red Colloures and refusedto submit, whereupon wee immediatly Engaged with them and Continuedthe fight till about four a Clock in the afternoone. Peter Heyman, Esqr. , standing on the left hand of this depon't within a foot of him, made severall shots into the Pirates Shipp, and about one or two ofthe Clock was by a shott from the Pirates shipp unhappily slaine. About four in the afternoone the Pirate struck his bloody Collours andhoisted up a flagg of truce and then fired no more Gunns, whereuponCapt. Passenger Comanded a boat and hands to board the Pirate, whobrought back with them about 124 Pirates Prisoners, and it wassupposed there was about 25 or 30 kill'd in the fight and that about40 or 50 English Prisoners were redeemed, whome the Pirate had taken. And this deponant Yet further saith that two of the Pirates men, beingleft on board the shipp called the _Nicholson_, Robt. Lurten Master, which was taken by the Pirates the 28th of April, were upon the comingup of his Maj'tys ship the _Shorham_ seized and brought on board us asprisoners, that this deponant was on board the _Shorham_ Galley allthe time of the Engagement upon the quarter deck near to hisExcellency, and saw all the Transactions, and further says not. 

JOSEPH MAN. 

Sworne to before the Court for tryall of Pirates Test, PETER BEVERLEY C. Arr. A true copy, C. C. THACKER C. Sec. Off. [4]

[Footnote 2: Heyman was collector of customs for the lower district ofJames River. Gov. Nicholson caused a tombstone to be set incommemoration of him, with a laudatory inscription which is printed inthe _Southern Literary Messenger_, IX. 695. ]

[Footnote 3: Ensign. See doc. No. 33, note 15. ]

[Footnote 4: Clerk in the secretary's office. The name of ChicheleyCorbin Thacker deserves a comment, for double Christian names were atthat period very rare. "In forty-nine church registers out of fifty, throughout the length and breadth of England, there will not be founda single instance of a double Christian name previous to the year1700. " Bardsley, _Curiosities of Puritan Nomenclature_, p. 226. ]

 * * * * *

_102. Report of Dr. George Bramston. November 27, 1702. _[1]

[Footnote 1: Public Record Office, Admiralty 1:3666, p. 162. Thewriter of this report, George Bramston, LL. D. , was a notablepractitioner of the civil law, and from 1702 to 1710 was master ofTrinity Hall, Cambridge. His uncle writes of him in his autobiography, a few years before this, "George is doctor of law, . . . Fellow ofTrinity Hall, and is admitted at the Commons, and lives there in somepractice, but very good repute. " _Autobiography of Sir John Bramston_, p. 29. To whom the report was nominally addressed is not clear, but itwas intended indirectly for the enlightenment of Prince George ofDenmark, consort of Queen Anne, whose wifely partiality had in May ofthis year raised him to the office of Lord High Admiral. As such, henominally presided over the High Court of Admiralty; finding the needof having its activities supplemented by additional prize courts inthe colonies, and instructed by this and similar reports, he on Dec. 7applied for authority under the great seal to commission colonialgovernors (vice-admirals) to hold prize courts. ]

DOCTORS COMMONS, [2] November 27th, 1702. 

[Footnote 2: Doctors' Commons (see ch. VIII. Of _Sketches by Boz_ andch. XXV. Of _David Copperfield_), near St. Paul's, was theheadquarters of the doctors of the civil law and of the admiralty andother civil-law courts. ]

_Sir_, The matter in yours of the 18th instant being of a Nature That waslittle knowne to Me, It seemed proper to take longer time to considerthereof, than otherwise would have been decent, for the Information ofHis Royall Highness as to the Power of the Vice-Admiralls of theForreigne Plantations. 

I humbly conceive it plaine, That they can have no Authority tocondemne Prizes, in their Commissions from the Lord Admirall, [3] forHe has none in that Patent which constitutes Him Lord Admirall ofEngland. 

[Footnote 3: A typical commission of a vice-admiral (Barbados, 1667)may be seen in the _Publications_ of the Colonial Society ofMassachusetts, II. 187-198. ]

And you may please to call to mind, that the Power by which Ships areadjudged Prize, Proceeds from a Commission for that purposeparticularly granted, under the Great Seale, to his Royall Highness. 

And as to what may be most proper for the condemning of Prizes inthose parts, I humbly conceive it cannot be Regularly done, but by anAuthority grounded upon a Commission under the Broad Seale. 

All which I humbly submitt with the Assurance That I am

Sir

Your must Humble Servant

GEO. BRAMSTON. 

To be sent to Lord Nottingham[4] if it came from him. 

[Footnote 4: The Earl of Nottingham was one of the two secretaries ofstate. ]

PRIVATEERS AT MARTINIQUE. 

_103. Letter to Boston News Letter. May 8, 1704. _[1]

[Footnote 1: A specimen of news of privateering in Queen Anne's Warfrom one of the earliest issues of our first established newspaper;from the _Boston News-Letter_ of May 15, 1704. That newspaper wasfounded by John Campbell, postmaster of Boston, son of Kidd's friendDuncan Campbell (see doc. No. 75). The first issue was for the weekfrom Monday, April 17, to April 24, 1704. The text is taken from thefile of the _News-Letter_ possessed by the Massachusetts HistoricalSociety. ]

NEW-YORK, May 8. On the 3d Arrived here a Sloop from St. Thomas, inwhom Mr. John Vryling, who Sail'd the 23d Decemb. Last from Boston, inthe Ship _St. Jacob and Philip_, of whom was Owner and Merchant, Charles Farnam Master, bound for Barbadoes, and on the Sabbathfollowing, lost her Mane and Misin Mast in a Storm, taken in sight ofBarbadoes, and carried into Martinico, and says that 7 Weeks ago was aPrisoner at Martinico, that the Governour permitted him to go in aFrench Sloop bound for St. Thomas, That the French have taken 130 oddVessels this War into Martinico, and when he left it there was 17Privateers out. [2] The Ships lately taken and carried thither are, the_Venetian Merchant_, Captains, Alexander, the Ship _Virgin_, JohnSherwood, _Brintania_ William Bartrum, Darvar of Bidiford, RichardBarton of Liverpool, Henry Punsunby of Dublin, John Reading ofBarbadoes, belonging to Boston, Twisden a Brigantine, Chadwel another, Farnam a Ship, Andrews, Porter a Sloop. Nicholas Bradock, and Crute ofPhiladelphia, Peylton of Bermuda, Johnson of Maryland, a Sloop, PenleyMaster, Stephens a Ship of Boston taken into Guardiloop. After Mr. Vryling had been 14 days at St. Thomas, had advice from Martinico, 5Brigantines carried in thither, on Board of one of which was MajorWheeler of Barbadoes[3] and several other Passengers, but what Portsbound to, or to whom the Brigantines belong'd, heard not. The Ship_Princess Anne_, bound from Barbadoes to London, being Leaky put intoSt. Thomas, there condemn'd as insufficient to go to Sea. Yesterdayfrom Albany by information from our Indians acquainted, that theFrench of Canada are sending out 300 men to attack some parts of N. England. We have very rainy, dirty, and cold Weather for the Season, and so continues. We hear the Virginia Fleet Sails the last of thisMonth. Captain Davison hopes to Sail this Month. [4] The Wind andWeather hinders our Pensilvania Post coming in. 

[Footnote 2: A letter written from Martinique a little later (June 27)by a captive colonel from St. Christopher's says, "We have had 163vessels brought in here since the warr, . . . There is about 30privateers now belonging here, so that it's almost impossible for avessel to pass to or from the Islands without a good convoy, and thenthey take some from them". He encloses a petition from some 300British prisoners, "some whereof have been here 16 months in closeprison". _Cal. St. P. Col. _, 1704-1705, p. 184. ]

[Footnote 3: Lately a member of the council of that island. ]

[Footnote 4: Capt. John Davison, in the _Eagle_ galley, had arrived atNew York on Mar. 13, but had been long detained by disputes betweenthe governor, Lord Cornbury, and the collector of the port overquestions concerning the legal status of its cargo. _N. Y. Col. Docs. _, IV. 1105-1110, 1121. ]

CASE OF JOHN QUELCH AND HIS FELLOW PIRATES. 

_104. Account of their Execution. June 30, 1704. _[1]

[Footnote 1: What is here reproduced, to show somewhat of theharrowing circumstances under which the pirate's career might end, isa very rare "extra" of the _Boston News-Letter_, found in theMassachusetts Historical Society's file of that newspaper. The case ofQuelch and his associates is related in much detail by Mr. A. C. Goodell in the _Acts and Resolves of the Province of MassachusettsBay_, VIII. 386-398, and in the _Publications_ of the Colonial Societyof Massachusetts, III. 71-77. The pursuit of the pirates is describedin Sewall's diary, with extracts from the _News-Letter_, in Mass. Hist. Soc. , _Collections_, XLVI. 103-110. In August, 1703, thebrigantine _Charles_, fitted out as a privateer to cruise against theFrench, was riding off Marblehead, with her captain lying too sick totake her to sea. The crew seized the ship, put it in command ofQuelch, threw the captain overboard, and sailed for the coast ofBrazil, where for some months they engaged in a profitable career ofpiracy at the expense of subjects of the King of Portugal, with whomEngland had just concluded a particularly close alliance. In May, 1704, they reappeared on the Massachusetts coast, landed, anddispersed, but were presently suspected, accused, proclaimed, and"rounded up", the main capture being made at the Isles of Shoals, byan armed force under Maj. Stephen Sewall, the diarist's brother. Thetrial, June 13, 16, 19-21, was the first held in New England under theact of Parliament 11 and 12 Will. III. , ch. 7, which gave the crownauthority to issue commissions for the trial of pirates by speciallyconstituted courts, outside the realm of England. The governor, JosephDudley, presided. Mr. Goodell maintains that the trial was conductedillegally in important particulars. Of the six pirates named above, asexecuted on June 30, Lambert was a Salem man, Peterson apparently aSwede, Roach Irish, Quelch and the other two English. Judge Sewallrecords that "When the Scaffold was let to sink, there was such aScreech of the Women that my wife heard it sitting in our Entry nextthe Orchard, and was much surprised at it; yet the wind was sou-west. Our house is a full mile from the place. " In 1835 the editor'sgrandfather saw the six pirates of the _Mexican_, almost the last oftheir profession, hanged at about the same spot. I find that Mr. Painehas printed this piece, in _Buried Treasure_, but I know no other thatso well illustrates its particular aspect of our theme. ]

An Account of the Behaviour and Last Dying Speeches Of the SixPirates, that were Executed on Charles River, Boston side, on Fryday, June 30th, 1704. _Viz. _, Capt. John Quelch, John Lambert, ChristopherScudamore, John Miller, Erasmus Peterson and Peter Roach. 

The Ministers of the Town had used more than ordinary Endeavours, toInstruct the Prisoners, and bring them to Repentance. There wereSermons Preached in their hearing, Every day, [2] And Prayers dailymade with them. And they were Catachised; and they had many occasionalExhortations. And nothing was left, that could be done for their Good. 

[Footnote 2: One of the sermons preached by Cotton Mather to theunfortunate men was printed by him this year under the title _FaithfulWarnings to prevent Fearful Judgments_. ]

On Fryday the 20th [30th] of June 1704, Pursuant to Orders in the DeadWarrant, the aforesaid Pirates were guarded from the Prison in Boston, by Forty Musketeers, Constables of the Town, the Provost Marshal andhis Officers, etc. With Two Ministers, [3] who took great pains toprepare them for the last Article of their Lives. Being allowed towalk on Foot through the Town, to Scarlets Wharff, [4] where, theSilver Oar being carried before them, they went by Water to the placeof Execution, being Crowded and thronged on all sides with Multitudesof Spectators. The Ministers then Spoke to the Malefactors, to thisEffect. 

[Footnote 3: Rev. Thomas Bridge of the First Church, and Cotton Matherof the Second. ]

[Footnote 4: At the foot of Fleet Street, near the present SouthFerry. Thus the grim procession went around most of the water front ofthe town. Sewall says his cousin counted 150 boats full of spectatorsof the execution, besides the multitude on land. The silver oar wasthe emblem of the admiralty. ]

"We have told you often, ye[a] we have told you Weeping, That you haveby Sin undone your selves; That you were born Sinners, That you havelived Sinners, That your Sins have been many and mighty, and that theSins for which you are now to Dy are of no common aggravation. We havetold you, That there is a Saviour for Sinners, and we have shewn you, how to commit your selves into His Saving and Healing Hands. We havetold you, That if He Save you, He will give you an hearty Repentancefor all your Sins, and we have shown you how to Express thatRepentance. We have told you, What Marks of Life must be desired foryour Souls, that you may Safely appear before the Judgment Seat ofGod. Oh! That the means used for your Good may by the Grace of God bemade Effectual. We can do no more, but leave you in His MercifulHands!"

When they were gone up upon the Stage, and Silence was Commanded, Oneof the Ministers Prayed, as followeth. 

The Prayer made by One of the Ministers, after the Malefactors werefirst upon the Stage. [5] (As near as it could be taken in Writing inthe great Crowd. )

[Footnote 5: This prayer is unmistakable Cotton Mather; to whom we maybe sure this whole occasion was one of extraordinary enjoyment. ]

"O Thou most Great and Glorious Lord! Thou art a Righteous, and aTerrible God. It is a Righteous and an Holy Law that thou hast givenunto us. To break that Good Law, and Sin against thy Infinite Majesty, can be no little Evil. Thy Word is always True; and very Particular, that Word of thine which has told us and warn'd us, _Evil PursuethSinners_. We have seen it, we have seen it; We have before our Eyes adreadful Demonstration of it. Oh! Sanctify unto us a Sight that has init so much of the Terror of the Lord! We have Reason to Glorify theFree Grace of God, that we are not our selves the Instances. We havebefore us very astonishing Examples of _Evil Pursuing Sinners_. Hereis a Number of men that have been very Great Sinners, and that are toDy before their Time, for their being wicked overmuch. God knows thePrayers, the Pains, the Tears, and the Agonies that have been Employ'dfor them. And now, the Last Thing that we have to do for them, is topour out with Anguish of Soul our Prayer on their behalf; Our Prayer, to that God, who heareth Prayer; to that God, with whom there is Mercyand Plenteous Redemption; to that God, who is Rich in Mercy and Readyto Pardon. But how can we make our Prayer, without a RapturousAdoration of that Free-Grace, which has distinguished us! We, even wealso, have every one of us an horrible Fountain of Sin in our Souls. There are none of the Crimes committed by these Miserable Men, or bythe worst of those Criminals that go down into the Pit, but we havethe seeds of them, in that Original Corruption, which we brought intothe World with us. If God had left us to our selves, as He justlymight have done, there is not the best among us all, but what wouldsoon have done the worst things in the World. Oh! The Free-Grace! Oh!The Free-Grace! Oh! The Riches of that Grace, which has made all theDifference! But now, we Cry mightily to Heaven, we Lift up our Criesto the God of all Grace, for the Perishing Souls which are just nowgoing to Expire under the Stroke of Justice, before our Eyes. WeMourn, we Mourn, that upon some of them, at Least, we do unto thisMinute see no better Symptomes. But, Oh! is there not yet a Room forSovereign Grace to be display'd, in their Conversion and Salvation!They Perish, if they do not now Sincerely Turn from Sin to God, andgive themselves up to the Lord Jesus Christ; They Righteously andHorribly Perish! And yet, without influences from above, they can donone of those things which must be done if they do not perish. Oh! Letus beg it of our God, that He would not be so Provoked at theirMultiplied and Prodigious Impieties, and at their obstinate Hardnessunder means of Good formerly afforded them, as to withhold thoseInfluences from them! We cry to thee, O God of all Grace, That thouwouldest not Suffer them to continue in the Gall of Bitterness andBond of Iniquity, and in the Possession of the Devil. Oh! Knock offthe Chains of Death which are upon their Souls; Oh! Snatch the preyout of the Hands of the Terrible. 

"Yet once again! Once again! We bring them, and lay them before theSpirit of Grace. O Almighty Spirit of Grace, May these Poor, blind, mad Sinners become objects for the Triumphs of Grace! O AlmightySpirit of God, and of Grace, cause these poor men to see their ownSinfulness and Wretchedness! Make them willing to be Saved from suchSinfulness and Wretchedness; Discover to them the only Saviour oftheir Souls. Oh! Dispose them, Oh! Assist them to give the Consent oftheir Souls unto His Wonderful Proposals. Let them Dy, Renouncing allDependence on any Righteousness of their own; Alas, what can they haveof their own to Depend upon! As a Token and Effect of their havingAccepted the Righteousness of God, Let them heartily Repent of alltheir Sins against thee, and Abhor and cast up every Morsel of theirIniquity. Oh! Let them not go out of the World, raging and ravingagainst the Justice of God and Man; And whatever part of the SatanickImage is yet remaining on their Souls, Oh! Efface it! Let them now Dyin such a State and such a Frame, as may render them fit to appearbefore God the Judge of all. What shall we do for them? What shallplead for them?

"Great God, Grant that all the Spectators may get Good by the horribleSpectacle that is now before them! Let all the People hear and fear, and let no more any such Wickedness be done, as has produced thiswoful Spectacle. And let all the People beware how they go on in theWays of Sin, and in the pathes of the Destroyer, after so SolemnWarnings; Lest thou shouldest not only leave them to the grossest Actsof Wickedness, but also give them up unto the most amazingImpenitency, when the Punishment of their Iniquity comes to beinflicted on them. 

"Oh! but shall our Sea faring Tribe, on this Occasion, be in aSingular manner affected with the Warnings of God! Lord, May those ofour dear Brethren be Saved from the Temptations which do so threatenthem! so ruine them! Oh! let them not Abandon themselves to Profanity, to Swearing, to Cursing, to Drinking, to Leudness, to a cursedForgetfulness of their Maker, and of the End for which He made them!Oh! Let them not be abandoned of God, unto those Courses that willhasten them to a Damnation that slumbers not. Oh! Let the men fear theLord Exceedingly, We Pray thee! We Pray thee! Let the Condition of theSix or Seven men, whom they now see Dying for their Wickedness uponthe Sea, be Sanctified unto them. 

"And now, we fly, we fly to _Sovereign Grace_. Oh! that the Poor men, which are immediately to appear before the awful Tribunal of God, mayfirst by _Sovereign Grace_ have produced upon their Souls those Marksof thy Favour, without which tis a dreadful Thing to appear beforethat awful Tribunal. Oh! Great God, Let thy _Sovereign Grace_ Operateon this fearful Occasion! God be Merciful to us all, for the Sake ofour Lord Jesus Christ, unto whom with the Father and the Spirit, beascribed the Kingdom, the Power and the Glory, for ever more, _Amen_. "

They then Severally Spoke, Viz. 

I. _Capt. John Quelch. _ The last Words he spake to One of theMinisters at his going up the Stage, were, "I am not afraid of Death, I am not afraid of the Gallows, but I am afraid of what follows; I amafraid of a Great God, and a Judgment to Come. " But he afterwardsseem'd to brave it out too much against that fear: also when on theStage first he pulled off his Hat, and bowed to the Spectators, andnot Concerned, nor behaving himself so much like a Dying man as somewould have done. The Ministers had, in the Way to his Execution, muchdesired him to Glorify God at his Death, by bearing a due Testimonyagainst the Sins that had ruined him, and for the ways of Religionwhich he had much neglected: yet now being called upon to speak whathe had to say, it was but thus much; "Gentlemen, 'Tis but little Ihave to speak; What I have to say is this, I desire to be informed forwhat I am here. I am Condemned only upon Circumstances. I forgive allthe World: So the Lord be Merciful to my Soul. " When Lambert wasWarning the Spectators to beware of Bad-Company, Quelch joyning, "Theyshould also take care how they brought Money into New-England, to beHanged for it!"

II. _John Lambert. _ He appeared much hardened, and pleaded much on hisInnocency. He desired all men to beware of Bad Company; he seem'd in agreat Agony near his Execution; he called much and frequently onChrist, for Pardon of Sin, that God Almighty would Save his innocentSoul; he desired to forgive all the World; his last words were, "Lord, forgive my Soul! Oh, receive me into Eternity! blessed name of Christreceive my Soul. "

III. _Christopher Scudamore. _ He appeared very Penitent since hisCondemnation, was very diligent to improve his time going to, and atthe place of Execution. 

IV. _John Miller. _ He seem'd much concerned, and complained of agreat Burden of Sins to answer for; Expressing often, "Lord! Whatshall I do to be Saved!"

V. _Erasmus Peterson. _ He cryed of injustice done him; and said, it isvery hard for so many mens Lives to be taken away for a little Gold. He often said, his Peace was made with God; and his Soul would be withGod: yet extream hard to forgive those he said wronged him. He toldthe Executioner, he was a strong man, and Prayed to be put out ofmisery as soon as possible. 

VI. _Peter Roach. _ He seem'd little concerned, and said but little ornothing at all. 

_Francis King_ was also Brought to the place of Execution, butRepriev'd. 

Printed for and Sold by Nicholas Boone, at his Shop near the OldMeeting-House in Boston. 1704. 

_Advertisement. _

There is now in the Press, and will speedily be Published: TheArraignment, Tryal and Condemnation of Capt. John Quelch, and othersof his Company, etc. For sundry Piracies, Robberies and Murder, committed upon the Subjects of the King of Portugal, Her MajestiesAllie, on the Coast of Brasil, etc. Who upon full Evidence were foundGuilty, at the Court-House in Boston, on the 13th of June 1704. Withthe Arguments of the Queen's Council, and Council for the Prisoners, upon the Act for the more effectual Suppression of Piracy. With anaccount of the Ages of the several Prisoners, and the Places wherethey were Born. Printed for and sold by Nicholas Boone, 1704. [6]

[Footnote 6: The publication of the pamphlet here advertised was byauthority of Governor Dudley, who gives the Board of Trade thefollowing excuse for printing the minutes of the trial before sendingthem to that body (letter of July 25, 1705), "My Lords, I should nothave directed the printing of them here, but to satisfy and save theclamour of a rude people, who were greatly surprised that any bodyshould be put to death that brought in gold into the Province, and didat the time speak rudely of the proceeding against them and assistedto hide and cover those ill persons". _Cal. St. P. Col. _, 1704-1705, p. 585. ]

 * * * * *

_105. Deposition of Paul Dudley. August 15, 1705. _[1]

[Footnote 1: Public Record Office, C. O. 5:1263, no. 57 XXVI. PaulDudley was the governor's oldest son. The deposition is one of 55enclosures in the governor's letter of Nov. 2, 1705, to the Board ofTrade respecting his complaints of irregularities in the governmentsof Rhode Island and Connecticut. Though Dudley's commissions asgovernor confined his civil authority to Massachusetts and NewHampshire, his commission as vice-admiral (printed in the_Publications_ of the Colonial Society of Massachusetts, II. 220-224)gave him authority in Rhode Island also. The assembly of that colony, however, claimed the right under their charter to erect admiraltycourts of their own, and for their governor the right to commissionprivateers. Queen Anne wrote to them in March 1704, repealing theiract erecting a court, but they held that her letter did not forbid thecommissioning of privateers. See _Records of the Colony of RhodeIsland_, III. 508-510, 535-540. ]

The Deposition of Paul Dudley, Esquire, Her Majestys Attourney Generalfor the Province of the Massachusetts Bay in New England, and Advocateof the Court of Admiralty--who saith

That on or about the fifth day of June last past, being at Newport onRoad Island in Company with the Honourable Nathaniel Byfield, Esquire, Judge of the Court of Admiralty, etc. [2] at the House of SamuelCranston, Esquire, Governour of said Island, The said Judgecomplaining of the said Governours granting a Commission to CaptainHalsey, a Privateer, [3] after the Receipt of her Majesties Commands tothe Contrary, The said Samuel Cranston replyed, That he had taken theadvice of the Generall Court[4] of that Colony, who were all ofopinion That her Majesties Commands did not forbid him or restrain himfrom Granting Commissions for Privateers, And that their Chartergranting them Power of Vice Admiralty, [5] he was determined toExercise that power, and Grant such Commissions untill their Charterwas actually and wholly taken away; And that they would not part withtheir powers or Government by piece meal, but would Die all at once, And that they had parted with too many of their priviledgesalready. . . . 

PAUL DUDLEY. 

BOSTON in New England 15 August 1705

Sworne in presence of his Excellency the Governour before us

ISA. ADDINGTON }ANDREW BELCHER } of the Council

[Footnote 2: Nathaniel Byfield--founder of Bristol, Mass, (now R. I. ), nephew of Archbishop Juxon and grandson of that Rev. Richard Byfieldwho was vicar of Stratford-on-Avon during most of Shakespeare'slife--was commissioned admiralty judge for Massachusetts and RhodeIsland during brief periods in 1698 and 1703, again 1704-1715 and1728-1732. ]

[Footnote 3: Nov. 7, 1704, Cranston had given a privateer's commissionto Capt. John Halsey of the brigantine _Charles_, the vessel that hadbeen Quelch's. The governor's confidence seems not to have beenjustified, for presently Halsey entered upon a large and lurid careerof piracy, duly described in Johnson, _General History of thePyrates_, II. 110-118. ]

[Footnote 4: Assembly. ]

[Footnote 5: It would be hard to find any such grant in the RhodeIsland charter of 1663. ]

_106. Commission for Trial of Piracy. November 1, 1716. _[1]

[Footnote 1: Charleston, Records of the Court of Vice-admiralty ofSouth Carolina, vol. A-B. The document is spread upon the records ofthe court for Nov. 27, 1716, at the beginning of the day'sproceedings. This commission is a peculiar one. As has been explainedin note 2 to doc. No. 51 and in note 1 to doc. No. 104, the act 28Henr. VIII. Ch. 15 (1536) provided for the trial of piracy bycommissions specially appointed for the purpose, and with a jury, butdid not extend to the oversea plantations, while the act 11 and 12Will. III. Ch. 7 (1699-1700) extended to those dominions the crown'sauthority to appoint such commissions. Before the passage of thelatter statute, colonial governors had as vice-admirals appointed suchcommissions, which had then proceeded under the civil (Roman) law, andnot under the statute. But South Carolina had in 1712 expresslyadopted the act of 28 Henr. VIII. (Cooper, _Statutes at Large_, II. 470) and here we have a commission issued by the deputy governor andcouncil, under authority of the proprietors of Carolina, for trialunder the act of 1536, though action could have been taken under thatof 1700. The accused persons for whose trial the commission was issuedwere acquitted. For the whole subject of piracy in or near Carolina, where it was rife in these years, see S. C. Hughson, "The CarolinaPirates and Colonial Commerce", in _Johns Hopkins University Studies_, XII. The most famous case was that of Major Stede Bonnet, but theoriginal records of that case are fully printed in _State Trials_, ed. Hargrave, vol. VI. ]

South Carolina. 

His Excellency John Lord Carteret, Palatine, The most Noble Henry Dukeof Beaufort, the Right Hon'ble William Lord Craven, the Hon'bleMaurice Ashley Esqr. , Sir John Colleton Baronet, John Danson Esqr. , and the rest of the true and absolute Lords and Proprietors ofCarolina, [2] To Nicholas Trott Esq. , Judge of the Vice Admiralty inSouth Carolina and chief Justice of the said Province, [3] The Hon'bleCapt. Thomas Howard Commander of his Majestys ship the _Shoram_, theHon'ble Charles Hart Esqr. , one of the Members of our Council in SouthCarolina, the Hon'ble Thomas Broughton, Speaker of the Lower House ofAssembly in South Carolina, Arthur Middleton and Ralph Izard Esqrs. , Capt. Philip Dawes, Capt. Willm. Cuthbert, Commander of the _Fortune_Frigate, Capt. Allen Archer, Commander of the Brigantine _Experiment_, and Samuel Deane and Edward Brailsford, merchants, Greeting. 

[Footnote 2: The six proprietors of Carolina here named held at thistime six of the eight shares in the property. The holder of theseventh was a minor; the eighth was in litigation. ]

[Footnote 3: Nicholas Trott, LL. D. , attorney-general of Bermuda1696-1697, the first attorney general of South Carolina 1698-1702, chief-justice 1702-1709, 1713-1719, a learned lawyer, and a greatpower in the politics of the province so long as the rule of theproprietors continued. He was the first vice-admiralty judge, havingcommissions as such from both the king and the proprietors. He isoften erroneously identified with his cousin the governor (1693-1696)of the Bahamas, the Nicholas Trott of docs. Nos. 63 and 64. ]

Whereas by an Act of Parliament made in the Twenty-Eight year of Henrythe Eight Intituled for Pirates It is among other things Enacted Thatall Treasons, Felonies, Robberies, Murthers and Confederaciesthereafter Committed in or upon the Seas or in any other Haven, River, Creek or Place where the Admiral or Admirals have or Pretend to havepower, Authority or Juridiction, Shall be Inquired, Tryed, heard, determined and Judged in such Shires and Places in the Realm as shallbe Limitted by the Kings Commission or Commissions to be directed forthe same in like form and Condition as if any such Offence or Offenceshad been Committed or Done in and upon the Land, and such Commissionsshall be had under the Kings Great Seal Directed to the Admiral orAdmirals or to his or their Lieutenant, Deputy and Deputies, and tothree or Four such other Substantial persons as shall be named orappointed by the Lord Chancellor of England for the time being fromtime to time and as often as needs shall require, to hear andDetermine such Offences after the Common Course of the Laws of EnglandUsed for Treasons, Felonies, Robberies, Murthers and Confederacies ofthe same Done and Committed upon the Land within the Realm of England, And it is further Enacted That such Persons to whom such Commission orCommissions shall be Directed or four of them at the least shall havefull power and authority to Inquire of such Offences and of every ofthem by the Oaths of Twelve good and Lawfull Inhabitants in the ShireLimited in their Commission in such like manner and form as if suchoffence had been Committed Upon the Land within the same Shire, Andthat every Indictment found and presentd before such Commissioners ofany Treasons, Felonies, Robbery, Murthers, Manslaughters or such otherOffences Committed or done in and upon the Seas or in and upon anyother River or Creek Shall be Good and Effectual in the Law, and ifany Person or Persons happen to be Indicted for any such Offence doneor thereafter to be done upon the Seas or any other place aboveLimitted That then such Order, Process, Judgement and Execution shallbe used had Done and made to and against every such person or Personsso being Indicted as against Traitors, Felons and Murtherers forTreason, Felony, Robbery, Murther or such Offences done upon the Landas by the Law of this Realm is Accustomed, and that the Tryal of suchOffence or Offences if it be Denied by the Offender or Offenders shallbe had by Twelve Lawfull men Inhabited in the Shire Limited withinsuch Commission, which shall be Directed as is aforesaid, and noChallenge or Challenges to be had for the Hundred. 

And such as shall be Convict of any such Offence or Offences byVerdict, Confession or Process by Authority of any such Commissionshall have and Suffer such pains of Death, Losses of Lands, Goods andChattels as if they had been Attainted and Convicted of any Treasons, Felonies, Robberies or other the Like said Offences done upon theLand, [4] Which said Act for Pirates with Several other Acts ofParliament of the Kingdom of England are made of Force in thisProvince by of Act of Assembly Intitled an Act to put in Force in thisProvince the several Statutes of the Kingdom Of England or SouthBritain therein particularly mentioned, duely Ratified in openAssembly the Twelth Day of December in the year of our Lord OneThousand Seven Hundred and Twelve, In which said Act of AssemblyAmongst other things It is Enacted That the Honble Governor and theCouncil of this Province for the time being shall have all the powerand Authority relating to the Execution of the therein EnumeratedStatutes as by the same or by any other the Laws of England are Givento the Lord Chancellor or the Lord Keeper of the Great Seal of Englandas the said Act of Assembly, reference being there unto had, will morefully appear. 

[Footnote 4: Thus far quoting, correctly, sect. 2 of 28 Henr. VIII. Ch. 15. ]

Now Know yee, That we, reposing especial Trust and Confidence in theAbility, Care, Prudence and Fidelity of you the said Nicholas Trott, Thomas Howard, Charles Hart, Thomas Broughton, Arthur Middleton, RalphIzard, Philip Daws, William Cuthbert, Allen Archer and SamuelBrailsford or any four of you, the said Nicholas Trott to be one, haveconstituted and Appointed and by these presents Do Constitute andAppoint you to be Our Commissioners in South Carolina for Examining, Enquiring of, Trying, Hearing and Determining and Adjudging, accordingto the directions of the said act of Parliament as made of force inthe said province of South Carolina, all Treason, Piracies, Robberies, Felonies and Murthers Committed in or upon the Sea or within anyHaven, River, Creek or place where the Admiral or Admirals have power, authority or Jurisdiction, And to Do all things necessary for thehearing and final Determination of any Cases of Treason, Piracy, Robbery, Felony or Murther Committed on the Sea or where the Admiralhath Jurisdication, and to Give Sentence and Judgement of Death and toAward Execution of the Offenders so Convicted and Attainted, And wehereby direct, Impower and require you our said Commissioners toproceed, Act, Examine, hear, adjudge and Determine in all things asfully and amply to all Intents and purposes within this province ofSouth Carolina as any Commissioners in the Kingdom of EnglandImpowered by Commission under the Broad Seal pursuant to the saidStatute of the Twenty Eight of Henry the Eight for Pirates or any thelike Commissioners in any of the British Plantations in America can ormay lawfully doe, perform and Execute, And we do hereby Require andCommand all our Officers and all other Persons whatsoever in anywiseconcerned to take notice of this our Grant and give all due Obedienceto your said Commissioners in the Execution of the several powersherein Granted you, as they will Answer the Contrary att their Perils. Witness our Deputy Governor and our Deputies at CharlesTown in SouthCarolina And Given under the Publick Seal of the said Province ofSouth Carolina This First day of November In the Third year of theReign of our Lord George, by the Grace of God of Great Britain Franceand Ireland King, Defender of the faith etc. And in the year of ourLord One Thousand Seven hundred and Sixteen. 

ROBERT DANIEL. [5]GEORGE LOGAN. FRA. YONGE. SAM: EVELEIGH. 

[Footnote 5: Governor Edward Craven, sailing for England in Aprilpreceding, had left Col. Robert Daniel deputy governor in his stead. The other signers were deputies of individual proprietors. ]

THE PIRATES OF THE _WHIDAH_. 

_107. Cyprian Southack to Governor Samuel Shute. May [5?], 1717. _[1]

[Footnote 1: Mass. Archives, vol. 51, pp. 287, 287a. Cyprian Southackwas a notable sea-captain and pilot. For a number of years hecommanded the naval vessel of Massachusetts, so that it was thenatural course for the governor to send him in pursuit of pirates whosuddenly appeared on the Massachusetts coast. In 1711 he had commandeda vessel in the unfortunate expedition against Quebec under SirHovenden Walker, and the admiral had stayed at his house during hislong detention in Boston. He was also the most noted map-maker of histime in New England; in 1694 King William had admitted him to kiss hishands and had given him a gold chain of £50 for his map ofNewfoundland, Nova Scotia, and the St. Lawrence region (_Acts. P. C. Col. _, II. 264). The governor whom he addresses was Samuel Shute, governor 1716-1727. The ending of the War of the Spanish Succession(1713) had as usual caused a large revival of piracy, many privateersturning to that trade. The career of the _Whidah_ and of Capt. SamuelBellamy can be made out from the depositions which follow. On April26, in a heavy gale, she had come ashore on the sands of Cape Cod, inwhat is now Wellfleet, and all on board but two men (see doc. No. 114)were drowned. More than a hundred of the pirates thus perished. Ofthose who escaped wreck, in the smaller vessels, several, who hadconstituted the prize crew of the _Mary Anne_ (doc. No. 109), werecaptured, tried, and executed (doc. No. 112). The story is told in_The Trials of Eight Persons Indited for Piracy_, etc. (Boston, 1718), and by Mr. John H. Edmonds in the _Boston Sunday Globe_ for Oct. 22, 1916. ]

CAPE COD HARBOUR[2] May [5?] 1717

[Footnote 2: Southack had come across from Boston into the inner sideof the Cape. ]

_Maye itt Pleass Your Excellency_

_Sir_, may 2 at 1 After noon I Came to Anchor here, finding ServeralVessells, Visseted them and on board one of them found a Yung manboling[3] to the Ship the Pirritt[4] Took 26 April in South Channell, Saileing from Nantaskett the Day before at 3 After noon. April 26Pirritt Ship Took a Sloop in South Channell, Lading with West IndiaGoods, Sloop or Master I no not as Yett. [5] at 7 After noon thePirrett Ship with her Tender, being a Snow a bout Ninty Tuns they Tookin Latitude 26°, 15 Days agoe, [6] maned with 15 of Pirritts men, wineShip and Sloop all to Gather Standing to the Northward. At 12 Nightthe Pirritt Ship and wine Ship Run a Shore, the Snow and Sloop GottOff Shore, being Sen the Next morning in the Offen. [7]

[Footnote 3: Belonging. Spelling was not one of the captain's manyaccomplishments. For facsimiles of his handwriting, see _MemorialHistory of Boston_, II. Liv, 98. ]

[Footnote 4: Pirate. The South Channel lies in the southern portion ofNantucket Sound, south of the great shoal known as the Horse-shoe. Theship here alluded to was the pink _Mary Anne_; see doc. No. 109. ]

[Footnote 5: The _Fisher_; see doc. No. 111. ]

[Footnote 6: See the last part of doc. No. 108. A snow was a smallvessel like a brig except for having a supplementary third, ortrysail, mast. ]

[Footnote 7: Seen; offing. The local legend, as recounted by theminister of Wellfleet in 1793, was that the captain of the snow, ordered by Bellamy to precede the _Whidah_ with a light at his stern, under promise of receiving the snow as a present if he should pilothim safely into Cape Cod Harbor, purposely "approached so near theland, that the pirate's large ship which followed him struck on theouter bar: the snow being less [in draft] struck much nearer theshore". Rev. Levi Whitman, in Mass. Hist. Soc. , _Coll. _, III. 120. Butthe evidence in doc. No. 111 is to the contrary. ]

Sir, 29 April Came to Anchor sum Distance from the Pirritt Rack[8]Ship, a Very Great Sloop. After Sending his boat to the Pirrit RackThay Came to Saile and Chassed serveral of Our fishing Vessells, thenstod in to Sea which I belive to be his Cunsatte. [9]

[Footnote 8: Wreck. ]

[Footnote 9: Consort. ]

May 2 at 2 After noon I sent Mr. Little and Mr. Cuttler to the Rack. They Got their that Night and Capt[10] watch till I Came the Nextmorning. At my Coming their I found the Rack all to Pices, North andSouth, Distance from one a Nother 4 Miles. Sir, whear shee Strockfirst I se one Anchor at Low water, sea being so Great Ever sence Ihave ben here, Can not Come to se what maye be their for Riches, noraney of her Guns. She is a ship a bout Three hundred tuns. She wasvery fine ship. All that I Can find saved Out of her, is her Cablesand som of her sailes, Cut all to Pices by the Inhabitances here. Their has ben at this Rack Two hundred men at Least Plundring ofher. [11] sum saye they Gott Riches Out of the sand but I Can not findthem as yett. Sir, what I shall Gett to Gather will be to the Value ofTwo hundred Pounds. If Your Excellency Pleass to send the sloop toBillingsgatt[12] for itt, is Carted Over Land to that Place. Sir, herehas been 54 whit men and 4 Negros Come a shore Ded from the Rack. Iftheir be aney News by the Pirritts at boston[13] whear the money is, Ihumbley Desier Your Excelleny menets[14] of what Place in the ship ittwas in, for I am in Great hops. Whare the Anchors are the money is Ifancy, and weather Per mett I have Got a whale boat to fish for ittand Things for that service. [15]

[Footnote 10: Kept. ]

[Footnote 11: "Wrecking" was still an important industry in the world. Indeed, as late as 1853, in this very neighborhood (Nauset Light), Emerson records in his _Journal_, VIII. 399, "Collins, the keeper, told us he found obstinate resistance on Cape Cod to the project ofbuilding a lighthouse on this coast, as it would injure the wreckingbusiness". ]

[Footnote 12: Wellfleet Bay. ]

[Footnote 13: Those already in prison. ]

[Footnote 14: Minutes. ]

[Footnote 15: Rev. Mr. Whitman says (1793), "At times to this day, there are King William and Queen Mary's coppers picked up, and piecesof silver, called cob money [see doc. No. 62, note 15]. The violenceof the seas moves the sands upon the outer bar so that at times theiron caboose of the ship, at low ebbs, has been seen. " _Ubi sup. _ In1863 she was quite visible. Another reporter tells us that "For manyyears after this shipwreck, a man of a very singular and frightfulaspect used every spring and autumn to be seen travelling on the Cape, who was supposed to have been one of Bellamy's crew. The presumptionis that he went to some place where money had been secreted by thepirates, to get such a supply as his exigencies required. When hedied, many pieces of gold were found in a girdle which he constantlywore. " Thoreau, _Cape Cod_, ed. 1914, p. 192. On one of Southack'smaps, a narrow waterway across Cape Cod is marked with the legend, "The Place where I came through with a Whale Boat, being ordered bythe Governm't to look after the Pirate Ship _Whido_, BellameCommand'r, cast away the 26 of April, 1717, where I buried One Hundredand Two Men Drowned". This map, with this legend, is reproduced at theback of Miss Mary R. Bangs's _Old Cape Cod_ (Boston, 1920). Thewestern initial portion of this waterway still exists, in the town ofOrleans, and is known as "Jeremiah's Gutter". See A. P. Brigham, _CapeCod and the Old Colony_, pp. 80-82. ]

Sir, here is One Caleb Hopkines, Senr. , of freetown, which has Dun aGreat Dell of Damage to Your Excellency Officers in Doeing their Duty. I Pray Your Excellency would send a Order for his Coming to boston inOrder to Answare what I shall Aledge aganst him. 

Sir, Yr Excellency MostObed. Serv'tt

CYPRIAN SOUTHACK. 

_108. Examination of John Brown. May 6, 1717. _[1]

[Footnote 1: Suffolk Court Files, no. 11945, paper 5; a fragment. ]

The Substance of the Examinations of John Brown, etc. Taken by orderof His Excellency the Governour on Munday the 6th of May 1717. 

John Brown being interrogated saith, that he was born in the Island ofJamaica, is 25 years old and unmarried. About a year agoe he belongedto a Ship commanded by Captain Kingston, which in her voyage withLogwood to Holland was taken to the Leeward of the Havana by twoPiratical Sloops, one commanded by Hornygold[2] and the other by aFrenchman called Leboose, [3] each having 70 men on board. The piratskept the Ship about 8 or 10 daies, and then having taken out off herwhat they thought proper delivered her back to some of the men, whobelonged to her. Leboose kept the Examinate on board his Sloop about 4months, the English Sloop under Hornigolds command keeping companywith them all that time. Off Cape Corante[4] they took two SpanishBriganteens without any resistance, laden with cocoa from Ma[l]aca. The Spaniards, not coming up to the pirats demand about the ransom, were put ashoar and their Briganteens burn'd. They sailled next to theIsle of Pines, where meeting with three or four English Sloops empty, they made use of them in cleaning their own, and gave them back. Fromthence they sailled in the latter end of May to Hispaniola, where theytarried about 3 months. The Examinate then left Leboose and went onboard the Sloop commanded formerly by Hornygold, but at that time byone Bellamy, who upon a difference arising amongst the English Piratsbecause Hornygold refused to take and plunder English Vessels, waschosen by a great majority their Captain, and Hornygold departed with26 hands in a Prize Sloop, Bellamy having then on board about 90 men, most of them English. Bellamy and Leboose sailled to the VirginIslands and took several small fishing boats, and off St. Croix aFrench Ship laden with flower and fish from Canada, and having takenout some of the flower gave back the Ship. Plying to the Windward themorning they made Saba[5] they spy'd two Ships, which they chased andcame up with, the one was commanded by Captain Richards, [6] the otherby Capt. Tosor, both bound to the bay. Having plunder'd the Ships andtaken out some young men, they dismist the rest and Tosors Ship andmade a man of War of Richards's, which they put under the command ofBellamy, and appointed Paull Williams Captain of the Sloop. Next daythey took a Bristol Ship[7] commanded by James Williams from Irelandladen with provisions, and having taken out what provisions theywanted and two or three of the Crew let her goe. Then they parted withtheir French consort at the Island of Blanco[8] and stood away withtheir Ship and Sloop to the windward passage, where in the latter endof February last they met with Captain Laurence Prince in a ship of300 Ton called the _Whido_, with 18 guns mounted, and fifty men, boundfrom Jamaica to London, laden with Sugar, Indico, Jesuits bark andsome silver and gold, and having given chase thre daies took himwithout any other resistance than his firing two chase guns at theSloop, and came to an anchor at Long Island. [9] Bellamy's crew andWilliams's consisted then of 120 men. They gave the Ship taken fromCaptain Richards to Captain Prince, and loaded her with as much of thebest and finest goods as she could carry, and gave Captain Princeabove twenty pounds in Silver and gold to bear his charges. They took8 or 10 men belonging to Captain Prince; the Boatswain and two morewere forced, the rest being volunteers. Off Petteguavis[10] they tookan English Ship hired by the French, laden with Sugar and Indico, andhaving taken out what they had occasion for, and some of the men, dismist her. Then they stood away for the Capes of Virginia, being 130men in Company, and having lost sight of the Sloop the day before theymade the land, they cruised ten daies, according to agreement betweenBellamy and Williams, in which time they seized three ships and oneSnow, Two of them from Scotland, one from Bristol, and the fourth aScotch Ship, last from Barbadoes, with a little Rum and Sugar onboard, so leaky that the men refused to proceed further. The Piratssunk her. Having lost the Sloop they kept the Snow, which was takenfrom one Montgomery, being about 100 Ton, and manned her with 18hands, which with her own Crew made up the number of 28 men; the othertwo Ships were discharged being first plundered. They made[11]

[Footnote 2: Benjamin Hornigold was a pirate captain of some fame; hesoon after this surrendered to the governor of Bermuda, and "came in"under the king's proclamation of Sept. 5, 1717, which offered pardonto those pirates who should surrender within a given time. CharlesJohnson, _General History of the Pyrates_ (second ed. , London, 1724), I. 35, 70, 71; II. 274-276. ]

[Footnote 3: _Id. _, I. 35, 184. ]

[Footnote 4: Cape Corrientes, near the southwestern point of Cuba. ]

[Footnote 5: A small Dutch island, east of St. Croix, and between St. Martin and St. Eustatius. ]

[Footnote 6: The _Sultana_, James Richards. "The bay" means the Bay ofHonduras. ]

[Footnote 7: The _St. Michael_. ]

[Footnote 8: An islet among the Virgin Islands, east of St. John, andnot far from the Dead Man's Chest. The Windward Passage lies betweenHaiti and Cuba. Jesuits' bark is cinchona, from which quinine ismade. ]

[Footnote 9: One of the Bahamas. ]

[Footnote 10: Petit Goave, a port in the southern part of Haiti. ]

[Footnote 11: Here the fragment ends. ]

_109. Deposition of Thomas FitzGerald and Alexander Mackonochie. May6, 1717. _[1]

[Footnote 1: Suffolk Court Files, no. 11945, paper 9. ]

The Deposition of Thomas Fitz Gerald, Marriner, aged about nineteenyears, and late Mate of the Pink _Mary Anne_, belonging to Dublin(whereof Andrew Crumsty was lately Commander) and AlexanderMackconothy late Cook of the said Pink, aged fifty five years. 

These Depon'ts Testify and say That on the twenty fourth day of Aprillast past, they sailed from Nantasket harbour bound for New York, andon the twenty sixth day of the said month, being friday, in themorning about nine of the clock, they discovered a large Ship, and herPrize, which was a Snow, astern, and the large Ship came up with thesaid Pink _Mary Ann_, between nine and ten, and ordered us to strikeour Colours, which accordingly we did, and then they shot ahead of us, and braced too, and hoisted out her boat and sent seven Men on board, Armed with their Musquets, pistols and Cutlashes (which Men are now inBoston Goal) and they commanded the said Capt. Crumpsty to take hisPapers, and go aboard the said Ship with five of his hands andaccordingly the said Crumpsty with five of his Men rowed aboard thesaid Pyrates Ship, and the seven Men tarryed aboard the Pink, and soonafter the Pyrates sent their boat on board the said pink with fourhands to get some of the Wine which they were Informed was on boardthe Pink, and accordingly they hoisted the pinks boat off of thehatches and opened the hatches and then went into the hold, but theCable being Quoiled in the hatchway, they found it difficult to Cometo the Wines in the hold, and so returned to their own Ship withoutany wine, Except five bottles of green wine which the found in thepinks Cabbin and carryed away, with some of the Cloaths which belongedto the pinks Company, and presently after the pyrates had hoistedtheir boat on board the great Ship, they gave Orders to the Pyrates onboard the pink to steer North Northwest after them, which Course theyfollowed till about four a Clock in the afternoon, and then the largeShip whereof Capt. Samuel Bellame was Commander, and the snow and pinklay too, [2] it being very thick foggy weather, And about half an hourafter four a Clock a sloop came up with Capt. Bellames Ship and hehoisted out his boat and sent several men on board the Sloop and soonafterwards, Vizt. About five a Clock, the Commander of the snow boreaway, and came under the stern of Capt. Bellames Ship and told himthat they saw the Land; And thereupon Capt. Bellame Ordered thePyrates on board the Pink to steer away North, which they did, and assoon as it began to be dark the sd Capt. Bellames Ship put out a lightastern and also the snow and the sloop and the pink had their lightsout; and about ten a Clock the weather grew thick and it lightned andrained hard and was so dark, that the pinks Comp. Could not see theshore till they were among the Breakers, when the Depon't Fitz Geraldwas at helm, and had lost sight of the Great Ship, Snow and Sloop; andbeing among the breakers we thought it most proper and necessary toweere[3] the Pink, and before we could trim the head sails we runashoar opposite to Sluts bush at the back of Stage harbour to thesouthward of Cape Codd[4] between ten and Eleven a Clock at night, Andthe seven Pyrates together with the Depon't and a young man namedJames Donovan tarryed on board the said Pink till break of day[5] andthen found the shoar side of the Pink dry and so all of them went onshoar upon the Island called Poachy[6] beach, and there tarryed tillabout ten a Clock, when two Men came over in a Canno, Namely JohnCole[7] and William Smith, who Carryed the seven pyrates over to theMain land, and then Cole came again to the Depon't and Inquired whothey (meaning the pyrates) were, and the Depon't Mackconothy Answeredthey were pyrates and had taken the said pink, and soon after the saidJohn Cole Informed Mr. Justice Done of Barnstable[8] thereof, byvirtue of whose Warrant the said seven Pyrates were Apprehended, andthe Depon'ts Journeyed with them to Boston, where they are now inCustody of the Keeper of His Maj'ties Goal as is aforesaid. Andfurther the Depon'ts say not; but that the said Pink is Bilged onshoare, so that it is impossible to get her off. 

THOS. FITZ GERALD

 signumALEXANDER [X] MACKCONOTHY

BOSTON May 6th 1717Jurat May 8th, 1717

[Footnote 2: To. ]

[Footnote 3: Wear, to come about before the wind. ]

[Footnote 4: Slut's Bush was a rocky, swampy piece of land, well grownwith berry-bushes, in the midst of the large isle of Nauset, that layoutside of the smaller Pochet Island and outside Stage or NausetHarbor, the harbor of Eastham. Now, Slut's Bush ledge and NausetIsland are far out from the present shore and under deep water. Onthis mostly sandy coast wind and wave have made extraordinary changes. They are described, down to 1864, in an article by Amos Otis on "TheDiscovery of an Ancient Ship", in _N. E. Hist. Gen. Register_, XVIII. 37-44. Much of his information came from the grandson of John Doane, mentioned below, a grandson born not much later than 1717. ]

[Footnote 5: In another deposition of Thomas Fitzgerald, reproduced in_Trials of Eight Persons_, he gives us a quaint glimpse of thepirates' psychology during this night of peril: "And in their Distressthe [Pirates] ask'd the Deponent to Read to them the Common-PrayerBook, which he did about an Hour; And at break of Day they found theShoar-side of the Pink dry. "]

[Footnote 6: Pochet. ]

[Footnote 7: See his testimony in doc. No. 112. ]

[Footnote 8: Either John Doane, Esq. , or his cousin Joseph. Both werejustices of the peace for Barnstable County, but neither lived inBarnstable town; they were the leading residents of Eastham. ]

James Donovan, within named, made oath to the truth of the withinwritten Deposition, and further saieth that being upon deck on Fridayin the afternoon, on which day the Pink was taken, Alexand'rMackonothy being at the Helmn steering to windward of her Course, thisDeclar't heard John Brown, one of the Pirates now in Goal, say thatfor a small matter he would shute Mackonothy thro the head as soon ashe would a Dog and he should never tell his story. 

JAMES DONOVAN

Jurat Cor. May 8th 1717

Coram[9] PENN TOWNSEND } Justices of the JOHN CLARK } Peace OLIVER NOYES }

Attest. JOS MARION D. Secr'y. [10]

[Footnote 9: In the presence of. ]

[Footnote 10: Deputy secretary of the province. Josiah Willard wassecretary. ]

_110. Cyprian Southack to Governor Samuel Shute. May 8, 1717. _[1]

[Footnote 1: Mass. Archives, vol. 51, pp. 289, 289a. ]

EASTHAM May the 8, 1717

_Maye itt Pleass Your Excellency_

_Sir_, Captt. Gorham, Mr. Little, Mr. Cuttler and Mr. Russell, Gentt'men that I have Deputed, have Rid at Least Thirty miles a moungthe Inhabtances, whome I have had Information of ther being at thePirate Rack, and have Gott Concernable Riches out of her. The firstmen that want Doun to the Rack with the English man that was Saved outof the Rack, I shall Mention their Names to Your Excellency in Orderfor a Warrant to me for bringing them for boston before YourExcellency, or as You Pleass, Sir, for all thes Pepol are very stifeand will not one[2] Nothing of what they Gott, on the Rack. Sir, Fryday 26 April, at 12 night, Pirate Ship Came a shoare. Saturday 27Instant, at 5 morning, Came the English man that was Saved out ofPirate Ship, [3] Came to the house of Samuell harding, Two miles fromthe Rack. After a smalle time the saide harding took the English manon his Horse and Carred him to the Rack. Thes Two made ServerallTurnes from the Rack to harding house, so they most Gett much Riches. By 10 Clock the same morning their Gott to the Rack a bout 10 menmore, and Gott a Great Dell of Riches. Sunday morning, Joseph[4]Doane, Esqr. , gott to the Rack but all was Gon of Vallue. Sir, heComanded the Inhabtances to save what they Could for the King, whichwas them Things I Rett[5] to Your Excellency before of. Sir, theCurner[6] and his Jurey Putt a stop to serverall Things beloning tothe Rack in Part for buering[7] Sixty Two men Came a shoare Dead fromthe Pirate Rack, the Curner and his Jurey says their Due is EightThree Pounds. Sir, I am of the mind that the Curner and Jurey shouldhave nothing for buering aney of thes men After they New them to bePirats, and they had bured but Thirteen before they new them to bePirats. As Your Excellency Pleass, I humbley Desier Your ExcellencyOrders to this Afare. The Curner name is Samuell freeman, for hisstoping aney of the Rack Goods for Paye is very hard. Sir, the weatherhas ben very bad, and Great Sea, so we Can Due Nothing as yett on theRack with my Whale boat and men, but se the Anchor Every Low Watter. Sir, If some Gentt'men ware Commissined here to Give Serverall of themtheir Oath Concerning the Rack, itt will be of Great Service. Sir, Coll. Ottis[8] and Joseph Doane, Esqr. , are Very Good men. 

[Footnote 2: Own. ]

[Footnote 3: Thomas Davis; see his memorial, doc. No. 114. ]

[Footnote 4: See doc. No. 109, note 8. ]

[Footnote 5: Writ. The money on board the _Whidah_ was claimed by thecrown because of its being the product of piracy, not because of theshipwreck, for if man or cat or dog escaped alive from any shipwreckedvessel, its contents were technically not "wreck of the sea", belonging as such to the crown, but were reserved for the owners, withreasonable salvage to the preservers. A recent act, 12 Anne, II. , ch. 18, provided that any who secreted goods saved from a wreck should bepunished with a fine of treble value; but this act did not run inMassachusetts. ]

[Footnote 6: Coroner. Investigation in cases of wreck andtreasure-trove was part of the duties of his office. ]

[Footnote 7: Burying. ]

[Footnote 8: Col. John Otis, the chief magnate of Barnstable County, colonel of its militia, judge, member of the governor's council, andgrandfather of James Otis the revolutionary orator. ]

Sir, 72 Dead men are Come a shoare out Pirate ship to this Time. 

 The men that were Down first at the rack

 Samuell Harding Jonathan Cole Joseph Collins Senr. Edward Knowles Abiel Harding Thomas Wood Samuell Horton Samuell Airy

Sir, Yr Excellency MostObd. Servant

CYPRIAN SOUTHACK. 

_111. Deposition of Ralph Merry and Samuel Roberts. May 11, 16, 1717. _[1]

[Footnote 1: Suffolk Court Files, no. 11945, paper 3. ]

We, Ralph Merry and Samuel Roberts, mariners, both of full age, Joyntly and Severally testify and make Oath That on the twenty sixthday of April last we belonged to a certain Sloope Called the _Fisher_(whereof Robert Ingols was Commander), bound to Boston from Virginia, being laden with Tobacco, hides and other things. That Assoon as wearived within a few leagues off Cape Codd we met with a Ship of twentyeight guns called the _Wedaw_, which assoon as they came near, haledus and Demanded from whence we came. We told 'em That we came fromVirginia and were bound for Boston. Then they asked us whether theMaster was Acquainted here, meaning (as we suppose) with the Coast. Our Master Answered he knew it very well, Whereupon they Commanded ourMaster and Company to hoist out our boat, which we did, and then ourMaster and Mate went on board the said Ship. They, keeping our Masterand Mate on board thereof, Sent four men Armed from thence on board ofour Sloop, whereupon the said Ship stood away to the Northward andgave Orders to our Sloope to follow their Light, And being in theNight we lost Sight of said Ship And followed a Snowe light which wasbefore in Company with her (which said Snow was a Prize the said Shiphad taken off from the Capes of Virginia, as we were informed) untillthe Snow was almost ashoar. Then the said Snow came to an Anchor AndCalled to us to doe the same, which we Accordingly did, and lay theretill about ten of the Clock the next day, being the twenty Seventh dayof said month; then, the wind blowing off Shoar, they Cutt their Cableand bid us make the best of our way after them to the Eastward, andAbout three leagues off the Cape they, taking out of our Sloope whatthey pleased, Commanded us to goe on board the said Snow. Then they, Cutting our Mast off by the board, the hatches of our Sloope beingopen, left her afloat in the Sea, then makeing the best of their wayto Menhagen[2] at the Eastward, where we arrived the twenty ninth ofsaid April, where they stayed and waited for the aforesaid Ship_Wedaw_ Some time, but she came not, whereupon, thinking the Ship waslost, they fitted their Long boat and sent her down to Mentinacus, [3]where they tooke a Sloope belonging to Colonel Minot, [4] one Shallopbelonging to Capt. Lane, [5] and three Scooners. They brought the Sloopand Shallop and (as we are Informed) the Sailes and Compasses of thethree Scooners to Menhagen, whereupon they manned the last mentionedSloope with ten hands and soe went after Capt. Cars Sloope, lying atPeniquid, [6] which they alsoe took a little distance from saidPeniquid, but finding the Mast and Bowspreat not Serviceable they lefther there, and brought the Master thereof on board the Snow then atMenhagen aforesaid. In these ten mens absence Came into Menhagen twoShallops from Marblehead, which the Snow tooke and Caused 'em to cometo an Anchor there, and sent the men therein togeather With us theDepon'ts to prison upon Menhagen Island, where we lay till they hadfitted the Sloop of Collonel Minots aforesaid with what they thoughtfit from the Snow, and soe departed and left the Snow and all the restbehind, [7] and leaving us to our Libertyes ordered the Skipper of theShallope to carry us to Marblehead which they accordingly did, wherewe arrived yesterday, being the tenth day of May Instant. 

RALPH MERRYSAM'LL ROBERTS Attest: JOS. MARION, D. Secr'y. 

BOSTON, May 16, 1717Sworne before the Hon'bl LieutenantGovernour and Council. 

[Footnote 2: Monhegan, a small island on the coast of Maine, offPemaquid Point. ]

[Footnote 3: Matinicus, a small island farther east, southward fromRockland. ]

[Footnote 4: Stephen Minot of Boston. ]

[Footnote 5: Capt. John Lane of Malden, son of a notedIndian-fighter. ]

[Footnote 6: Pemaquid. ]

[Footnote 7: A letter from Capt. John Lane, dated at Winter Harbor May19, shows the continuance of operations: "This moment Came A young manfrom Spurwinke which wass Taken by A pirat sloop of Aboute ninty menwith Eight guns which is now att an anker In Cape Elesebth Roade . . . They have Taken one sloop and one shallop which they keep with them". Maine Hist. Soc. , _Coll. _, second ser. , IX. 357. ]

_112. Trial of Simon van Vorst and Others. [October], 1717. _[1]

[Footnote 1: Suffolk Court Files, no. 10923; a fragment. The personson trial were Simon van Vorst, born in New York, John Brown, born inJamaica, Hendrick Quintor and Thomas Baker, both born in Holland, Peter Cornelius Hoof, born in Sweden (but the name is Dutch), JohnShuan, a Frenchman, born in Nantes, and Thomas South, born in Boston, England. The trial began Oct. 18, 1717; all but South were condemnedOct. 22, and executed Nov. 15, "within flux and reflux of the sea. "]

That one of the Prisoners asked the Depont. What he thought they were, to which Baker who stood by, said that the King had Given them aCommission to make their Fortune, and they were sworn to do it. Afterthe pink was cast on shoar they said they were in as bad a Conditionthen as before. 

Alexander Mackonachy, late Cook of the Pink _Mary Anne_ of Dublin, [2]Saith, That on the 26th day of April last past, in the course of theirVoyage from Nantasket to New York, they were taken by a pyrate ShipCalled the _Whido_, Comanded by Capt. Samuel Bellamy, That all thePrisoners at the Barr came on board the sd Pink Armed, Except ThomasSouth and John Shuan, and made themselves Masters of the Pink; Andthat Simon Van Vorst ordered the Captain to go on board the Ship_Whido_ with his Papers and five of his Company. The Depont. FurtherSaith That the Pink was Cast away opposite to an Island Called SluttsBush; and after the prisoners were Carryed to the Main Land theylooked very sorrowfull and made all Imaginable speed in order toEscape from the Hands of Justice. That Thomas South behaved himselfCivilly. That Thomas Baker Cutt down the Foremast and Mizen Mast ofthe Pink when she run on shoar. 

[Footnote 2: See doc. No. 109. ]

John Brett, Marriner, Testifyeth and Saith, That in the Month of June1716 he was taken by two Pyrate Sloops, one Commanded by Capt. SamuelBellamy and the other by Capt. Labous. They Damn'd the Depont. And bidhim bring his Liquor on board. They Carryed him to the Island ofPynes, and he was detained a Prisoner by them there Eighteen days, During which time John Brown was as Active on board the Pyrate Sloopas the rest of the Company, he told a Prisoner then on board that hewould hide him in the hold, and hinder him from Complaining againsthim, or telling his Story. 

Thomas Checkley, Marriner, Saith, That he knows John Shuan thePrisoner at the Barr, That he belonged to the _Tanner_ Frigot, OneJohn Stover Master, and sometime in March last the said Ship or Frigotwas taken in the prosecution of her Voyage from Pettyguavus to oldFrance by Capt. Samuel Bellamy and Monsieur Lebous. They pretended tobe Robbin Hoods Men. That Shuan Declared himself to be now a Pyrate, and went up and unrigged the Maintopmast by order of the pyrates, whoat that time forced no Body to go with them, and said they would takeno Body against their Wills. 

Moses Norman says that he knows Thomas Brown, and saw him in Companywith the Pyrates belonging to Capt. Bellamy and Monsr. Lebous when theDepont. Was taken with Capt. Brett in the Month of June 1716. That hewas Carryed to the Isle of Pynes, and kept Prisoner Seventeen orEighteen days, During all which time the sd Thomas Brown was veryActive on board of Capt. Labous. 

John Cole Saith That on the twenty seventh day of April last he sawthe Prisoners now at the Barr, in Eastham, soon after they were Caston shore, that they tarryed a short time at his house, and lookt verymuch Dejected and Cast down. They Enquired the way to Rhode Island, and made great hast from his house tho he asked them to tarry andrefresh themselves. 

John Done, Esq. , Saith that hearing there were some Pyrates Journeyingtowards Rhode Island, he pursued them with a Deputy Sheriff and otherassistants, and seized the Prisoners, now at the Barr, at EasthamTavern about the 27th of April last; When they Confessed that theybelonged to Capt. Bellamy Comander of the Ship _Whido_, and had takenthe Pink _Mary Anne_, in which they run on shoar. 

After the aforenamed Witnesses were Examined, the Court in favour ofthe Prisoners by giving them time to make their Defence Adjournd tillthree a Clock post merediem. 

The Court met about that time and the Prisoners were sent for andbrought again to the Barr, when the President[3] Observed to them, that this Court had Given them time, till now, to make their ownDefence, Then demanded what they had to say for themselves. 

[Footnote 3: Governor Shute. The court consisted of the governor, William Dummer, lieutenant-governor, nine members of the council, JohnMenzies, vice-admiralty judge, the captain of H. M. S. _Squirrel_, thenon the New England station, and the collector of the plantation dutiesat Boston. See doc. No. 201, note 1. ]

Simon Van Vorst Alledged that he was forced by Capt. Bellamys Companyto Do what he did, and would have mad known his Intentions to make hisEscape from the Pyrates unto the Mate of the sd Pink, but that heunderstood by the Mates Discourse that he Inclined to be a Pyratehimself, and therefore he did not discover his mind to the Mate. 

Thomas Brown pretended himself also to be a forced Man, but producedno Evidence to make it Appear to the Court. 

Thomas South Alledged that he belonged to a Bristoll Ship[4] whereofone James Williams was Master, That he was taken by Capt. Bellamy andforced to tarry with him, otherwise was threatened to be put upon aDesolate Island where there was nothing to Support him. 

[Footnote 4: The _St. Michael_. ]

Thomas Baker Saith that he and Simon Van Vorst were both taken out ofone Vessell, That he Attempted to make his Escape at Spanish Town, [5]and the Governour of that place seemed to favour his Design, tillCapt. Bellamy and his Company sent the Governour word that they wouldburn and destroy the Town, if that the sd Baker and those thatConcealed themselves with him were not delivered up, And afterwards hewould have made his Escape at Crabb Island[6] but was hindred by fourof Capt. Bellamy Compa. 

[Footnote 5: The old Spanish capital of Jamaica, founded in 1525 byDiego Columbus under the name of Santiago de la Vega. ]

[Footnote 6: See doc. No. 72, note 5. ]

Hendrick Quintor saith That he was taken by Capt. Bellamy and Monsr. Labous; and they had Agreed to let him go to the Coast of Crocus[7] inthe French Vessel which they took him in, But the Commander thereofsoon after dyed and so Captn. Bellamy would not permit him to proceedthe sd. Voyage and he was unavoidably forced to Continue among thePyrates. 

[Footnote 7: Carácas?]

Peter Cornelius Hoof Declares and Saith That he was taken by Capt. Bellamy in a Vessel whereof John Cornelius was Master, That the sd. Bellamys Company swore they would kill him unless he would Joyn withthem in their unlawfull Designs. 

John Shuan, by his Interpreter, Saith That he was sick at the timewhen Capt. Bellamy took him, and went on board the Pyrate Vessel atthe Instance of Capt. Bellamy's Doctor, who advised him to stay withhim till his Cure. And that when he went on board the Pink _Mary Anne_he did not Carry any Arms with him; and that he hoped by going onboard the Pink he should the sooner make his Escape from the Pyrates, for that he had a better way of getting his Living than by Pyrating. 

The Evidence for the King being fully heard, and also the Pleas andAllegations made by the Prisoners at the Barr, His Majesty's AttorneyGeneral[8] in a very handsome and learned speech summed up theEvidence and made his Remarques upon the whole, and the Court wascleared, and the Evidence and pleadings thereupon against thePrisoners, with their Defences, having been duly considered, and theQuestion put, [9]

[Footnote 8: Paul Dudley, acting as king's advocate before the specialcommission appointed under the act of 11 and 12 Will. III. Ch. 7. Seedoc. No. 104, note 1. ]

[Footnote 9: Here this fragmentary record of the trial ends. On Oct. 22 Van Vorst, Brown, Quintor, Hoof, Shuan, and Baker were condemnedand sentenced to death. Cotton Mather records in his _Diary_, II. 483, that on Nov. 2 he had obtained a reprieve, perhaps a pardon, for onewho was more penitent and less guilty than the others (South or Davis?but both had been acquitted). On Nov. 15 he records, II. 488, "Sixpirates executed. I took a long and sad Walk with them, from thePrison to the Place of Execution", instructed them, and prayed withthem. Before the end of the year he published _Instructions to theLiving, from the Condition of the Dead, A Brief Relation ofRemarkables in the Shipwreck of above One Hundred Pirates, Who wereCast away in the Ship Whido, on the Coast of New-England, April 26, 1717, And in the Death of Six, who after a Fair Trial at Boston, wereConvicted and Condemned, Octob. 22, And Executed, Novemb. 15, 1717, With some Account of the Discourse had with them on the way to theirExecution, And a Sermon preached on their Occasion_ (Boston, 1717). Inthe pamphlet _The Trials of Eight Persons_ we see Van Vorst and Baker, properly repentant, singing a Dutch psalm on their way to execution. ]

_113. Trial of Thomas Davis. October 28, 1717. _[1]

[Footnote 1: Suffolk Court Files, fragment 99. Davis was triedseparately, on Oct. 28, and acquitted on Oct. 30. ]

Then the Kings Evidences were called into Court and, no Objection agtthem being made by the Prisoner, Owen Morris, Marriner, was first Examined upon Oath, Who solemnlyTestifyed and Declared that he knew the Prisoner at the Barr, That hebelonged to the Ship _St. Michael_, whereof James Williams was Master, and in the Month of September 1716 They left Bristol bound to Jamaicaand in December following the said Ship was taken by two Pyrat Sloops, one comanded by Capt. Samuel Bellamy, and the other by Louis Le Boose, about Twenty Leagues off Sabia, [2] That they Gave the said Williamshis Ship and Detained the Prisoner, because he was a Carpenter and aSingleman, together with Three others of the Ships Company. Andfurther the Dep't Saith that the Prisoner was very Unwilling to goewith Bellamy and prevailed with him by reason of his Intreatys topromise that he should be Discharged the next Vessell that was taken, and afterwards the Dep't was again taken in the Ship _Whido_, Commanded by Capt. Prince, by the said Captain Bellamy, who was thenCommander of the Ship _Sultana_, taken from Capt. Richards as theDep't understood, and then he saw the Pris'r aboard the said Ship. Atwhich time the Pris'r reminded the said Bellamy of his promise. Whenhe asked him if he was willing to goe he answered, yes, and then thesaid Capt. Bellamy replyed if the Company would Consent he should go. And thereupon he asked his Comp'y if they were willing to lett Davisthe Carpenter go, Who Expressed themselves in a Violent manner sayingno, Dam him, they would first shoot him or Whip him to Death at theMast. 

[Footnote 2: Saba; see doc. No. 108, note 5. ]

Thomas South, Marriner, lately taken by Capt. Samuel Bellamy in thePyrate Ship _Whido_, Cast away upon this Coast, and Discharged uponhis Tryal, was admitted an Evidence, and being Accordingly SwornSaith; That the said Bellamy while he was in Command of the said Ship_Whido_ took a Scotch Vessel off the Capes of Virginia last Spring, Cutt down her Masts and Sunk her. That he heard the said Thomas Daviswent on Board her: but I did not see him. That this Depo't Thought itnot prudent to be too familiar with the Prisoner[3] because it mighttend to Create a Jealousy in the Pyrates, that the Depo't and thePris'r (whom they Suspected, because he was a forced man) would runnaway together, and The Depo't Saith further that Capt. James Williams, Commander of the Ship _St. Michael_ (whose Carpenter the Pris'r was)Intreated the said Capt. Bellamy when he took him to lett the Pris'rgo. But the Ships Comp'y would by no means Consent thereto by reasonhe was a Carpenter, And swore that they would shoot him before theywould lett him go from them. 

[Footnote 3: He had been a shipmate of Davis on the _St. Michael_. ]

Capt. John Brett, Marriner, Sworn, Saith that he was taken by Capt. Samuel Bellamy before the Ship _Sultania_ was taken from Capt. Richards, and then it was the Custome among the Pyrates to force noPrisoners, but those that remained with them were Voluntiers. 

Capt. Thomas Fox, sworn, saith that he was taken by the Pyrates inJuly last and Robb'd, and they Questioned him whether anything wasdone to the Pyrates in Boston Goall. The Depo't Answered he knewnothing about them, and in particular a Dutchman belonging to thePyrate asked him about his Consort, a Dutch Man, in Boston Prison, andsaid that if the Prisoners Suffered they would Kill every Body theytook belonging to New England. 

Seth Smith, Prison keeper in Boston, sworn, Saith that when thePrisoner at the Barr was first brought to Goal his Illness hinderedtheir talking together, But sometime after as they were discoursingthe Depo't observed to the Prisoner that if he would be Ingenious andmake a Confession he might save his Life and be a good Evidanceagainst the other Pyrates in Prison, To which the Prisoner made answerthat he was abused by Several of the Pyrates that were Drowned and wasGlad he had got from them, but knew nothing against the Rest of thePyrates in Prison. 

Then the Kings Council moved the Court that Capt. Thomas Glyn, aPrisoner for Debt upon Execution, might be brought into Court to giveEvidence on his Majestys behalf in this Tryal, Whereupon the Courtdirected the Sheriffs who have the keeping of his Majestys Goal tobring the said Glyn into Court. 

Capt. Isaac Morris, Sworn, Saith That on the 14th of September 1716 hewas taken by the Pyrates but knows nothing of Capt. Bellamy or hisaccomplices. 

Capt. Thomas Glyn, being brought into Court by the Sheriffs andInterrogated upon Oath, Saith that he never knew the Prisoner. 

_114. Memorial of Thomas Davis. 1717. _[1]

[Footnote 1: Suffolk Court Files, fragment 26283, paper 2. With thismemorial we may connect a passage in the pamphlet _Trials_: "Mr. Valentine [counsel for Davis] moved, That an Affidavit under the firmseal of a Notary Publick in Great Britain, and in favour of theprisoner, should be read in open Court", but the request was denied, as contrary to the act of Parliament requiring all evidence respectingpirates to be given _viva voce_. Davis is recorded as a shipwright, aged 22, born in Carmarthenshire, who "had used the sea these fiveyears". ]

Province of the Massachusetts Bay. To His Excellency Samuel Shute, Esquire, Governour, and the Honourable His Majesties Council for thesaid Province. 

The Memorial and humble Representation of Thomas Davis of Bristol inGreat Britain, Shipwright, Sheweth, That in the month of September last past he sailed out ofBristol as Carpenter of the Ship _St. Michael_, whereof James Williamswas the Commander, bound for Jamaica, and on or about the sixteenthday of December following We met two Pyrate Sloops, One Commanded byCapt Samuel Bellame, and the other by Monsr. Louis Le Bou[s], whotook the said ship about twenty Leagues off of Sabia and Carried us tothe Island of Blanco, w[h]ere we were kept till the ninth day ofJanuary when your Memo. (with about fourteen more Prisoners taken bythe said Pyrate Sloope) was forced on board the ship _Sultan Gally_, taken from Capt. John Richards, then under the said Bellames Command, And afterwards the said Bellame took another ship called the _Whiddo_, and your Memo. , with the rest of the said Ships Compa. , Came in herupon this Coast, where she was Cast away, as is very well known, andyour Memo, (with one Jno. Julian[2]) only Escaped. And since hisImprisonm't he is Informed That some have Reported That your Memo. Wasseveral times on board the said ship after she was Cast away and knewwhere a considerable part of her Treasure was, and that he hadConcealed some of it;[3] and many other things have been given outConcerning your Memo. Very falsely, to the great prejudice of yourMemo. , Who is altogether Ignorant of what is Alledged against him, Andhath already Discharged his Conscience by making a true and fullDiscovery of all he knows referring to the premises. But your Memo. Being a stranger was not Credited and therefore he had no better Farethan the Pyrates, being in Chains as well as they; Whereas he declaresfrom his heart that he was forced along with them, very Contrary tohis will and to his great grief and sorrow, and was no ways Activeamong them any further than he was Compelled. 

[Footnote 2: So the manuscript reads, but it is doubtless an error for"Jno. Indian", which in the handwriting of that day would look muchthe same; we know that one Englishman and one Indian alone escaped, and in the printed _Trials_ it was testified that the pirates had "oneLambeth and one Indian born at Cape Cod for Pilots. "]

[Footnote 3: See doc. No. 110. ]

And forasmuch as your Memo. Understands that the Pyrates in Prisonsuspect that he will make such discoverys as will not be pleasing tothem, he is fearfull least they should hurt him, if not deprive him oflife, to prevent his Testimony against them. Your Memo. Therefore andfor the Considerations before mentioned Humbly prays your Excellencyand Honours will so far Indulge him as to free him from his Chainsand Imprisonm't with the pyrates, and that he may have some Apartm'tseperate from them, and that such other Relief may be Given to yourpoor pet'r (who is Innocent of what is laid to his Charge) as thematter will bear, and as to your Excellency and Honours in your greatModeration and Compassion shall seem meet. 

And your Memo. (as in Duty bound) shall ever pray, etc. 

THOMAS DAVIS. 

_115. Petition of William Davis. 1717. _[1]

[Footnote 1: Suffolk Court Files, fragment 26283, paper 2. There wereseveral oral witnesses to Thomas Davis's good character. ]

To His Excellency the Governour and Council

The humble Petition of William Davis of Bristol Carpenter and Fatherof the said Thomas Davis, Sheweth, That the said Thomas Davis from his youth up hath been aDutiful and Obedient son, and his life and Deportm't has been alwaysRegular and becoming as well as Peaceable, and your poor Pet'r praysyour Excellency and Honours will Compassionate him and extend yourFavour and Indulgence to his son as far as shall stand with yourWisdom and Clemency. 

And your Pet'r shall pray, etc. 

WILLIAM DAVIS. 

Capt. John Gilbert, Marriner, belonging to Bristol, Testifyeth andsaith That he well knew Thomas Davis (son of the abovenamed WilliamDavis) for these seven or eight years last past, and that he has had agood Education in a Religious and Orderly Family, and hisConversation, Carriage and behavour all that while was very decent andbecoming, and this Depon't has no reason to think but that he alwayslived a well ordered life, having never heard to the Contrary. 

And further Saith not. 

JNO. GILBERT. 

PRIZE COURTS. 

_116. Sir Henry Penrice to the Secretary of the Admiralty. November29, 1718. _[1]

[Footnote 1: Public Record Office, Admiralty 1:3669. This letter wasapparently addressed to the secretary of the Admiralty, JosiahBurchett. Sir Henry Penrice was judge of the High Court of Admiraltyfrom 1715 to 1751. ]

_Sir_, Since I had the Honour of your letter I have looked into the RegistersOffice, [2] and there find Copies of the Orders of Council, ofCommissions for granting Letters of Mart, of Commissions forproceeding in Prize Courts, and of Warrants to the Judge of the HighCourt of Admiralty thereupon, in the years 1664, 1672, 1689 and1702, [3] of which if you please you may have Copies if they will be ofany service in the present Case. 

[Footnote 2: The office of the register of the Admiralty. ]

[Footnote 3: At the beginnings, respectively, of the Second Dutch War, the Third Dutch War, and the wars of William and of Anne againstFrance. ]

Now as to the Question proposed whether there is Occasion for anyfurther power, to the severall Courts of Admiralty in the plantations, other Remote parts, or at home, to Try and Condemn such Prizes as maybe Taken?

As far as I have observed during the course of the Wars with Holland, France and Spain, the High Court of Admiralty have proceeded in allPrize causes, by Virtue of Warrants from the Lord High Admiral orCommissioners for Executing that Office, in pursuance of Commissionsunder the Great Seal directed to them for that purpose;[4] andCommissioners were appointed at the severall Plantations to take theExaminations of Witnesses in preparatory and to transmit them hither, together with the Ships papers, and in case the ship and Goods wereperishable they had a Power to Appraise and sell, and keep the producein their hands, till after Sentence, that the Merchants might havetime, and be at a Certainty, where to enter their Claims. 

[Footnote 4: Such a commission (1748) is printed in Marsden, _Law andCustom of the Sea_, II. 297, and (1756) in Stokes, _View of theConstitution of the American Colonies_, p. 278. ]

But after the American Act, the Vice-Admiralty Courts in thePlantations, by Authority thereof, [5] proceeded in Prize Causes, whichI conceive they had no right to do before; and that power being duringthe late War only, by Virtue of that Act, I presume it is nowdetermined. Therefore upon a Grant of new Powers, I must humbly submitit to their Lordships Consideration, whether it may be for the Honourand Service of his Majesty, to permit the Vice-Admiralty Courts in thePlantations to proceed in Prize Causes, since it is much to be fearedthey are not well versed in the Laws of Nations, and Treaties betweenUs and other States; and it is well known that they do not proceed inthat Regular Manner as is practised in His Majesties High Court ofAdmiralty; besides it will be a Considerable Time before Orders fromtheir Lordships upon any Emergency can reach the Vice Admiralty Courtsin the plantations, for want of which great Inconveniences may arise;whereas the Admiralty Court here is under their Lordships Eye andImmediate direction, and always ready to observe such Instructions asthe Nature of affairs shall require. 

[Footnote 5: 6 Anne ch. 37, "An Act for the Encouragement of the Tradeto America" (1707), sect. 2. ]

But this is most humbly submitted to Their Lordships great Wisdom, by, Sir, Your most humble servant

H. PENRICE. 

DOCTORS COMMONS, November 29, 1718. 

PIRACY OF BARTHOLOMEW ROBERTS. 

_117. Extract from the Boston News-Letter. August 22, 1720. _[1]

[Footnote 1: From the file possessed by the Massachusetts HistoricalSociety. ]

_Boston_, On Monday last, the 15th Currant, arrived here the Ship_Samuel_, about eleven Weeks from London, and ten from Lands end, Capt. Samuel Carry Commander, [2] who in his Voyage hither, on the 13thof July past, in the Latitude of 44, about 30 or 40 Leagues to theEastward of the Banks of New-foundland, was accosted and taken by twoPirates, viz. , A Ship of 26 Guns, and a Sloop of ten, both Commandedby Capt. Thomas Roberts, [3] having on board about a hundred Men, allEnglish: The dismal Account whereof follows:

[Footnote 2: Sewall notes in his diary, under this same date of Aug. 15, "Cary arrives who had been pillaged by the Pirats. " Mass. Hist. Soc. _Coll. _, XLVII. 259. ]

[Footnote 3: For Thomas read Bartholomew. Bartholomew Roberts was oneof the most famous pirates of his time, _i. E. _, of the years1718-1724, the heyday of piracy in the eighteenth century. Capt. Charles Johnson, in his account of that period, _A General History ofthe Pyrates_ (London, 1724), devotes nearly a third of his book (pp. 161-260 of the first edition) to Roberts, as "having made more Noisein the World" than others, and declares (p. 3 of preface) that"Roberts and his Crew, alone, took 400 Sail, before he was destroy'd". Of his appearance we have this picture, from the same chronicler'saccount of his last fight: a tall dark Welshman of near forty, "Roberts himself made a gallant Figure, being dressed in a richcrimson Damask Wastcoat, and Breeches, a red Feather in his Hat, and aGold Chain Ten Times round his Neck, a Sword in his Hand, and two pairof Pistols hanging at the End of a Silk Sling, which was flung overhis Shoulders, according to the Fashion of the Pyrates" (p. 213). Hismeteoric career of piracy lasted but four years. ]

The first thing the Pirates did, was to strip both Passengers andSeamen of all their Money and Cloths which they had on board, with aloaded Pistol held to every ones breast ready to shoot him down, whodid not immediately give an account of both, and resign them up. Thenext thing they did was, with madness and rage to tare up the Hatches, enter the Hould like a parcel of Furies, where with Axes, Cutlashes, etc. , they cut, tore and broke open Trunks, Boxes, Cases and Bales, and when any of the Goods came upon Deck which they did not like tocarry with them aboard their Ship, instead of tossing them into theHould again they threw them over-board into the Sea. The usual methodthey had to open Chests was by shooting a brace of Bullets with aPistol into the Key-hole to force them open. The Pirates carryed awayfrom Capt. Carry's Ship aboard their own 40 barrels of Powder, twogreat Guns, his Cables, etc. And to the value of about nine or tenThousand Pounds Sterling worth of the Choicest Goods he had on board. There was nothing heard among the Pirates all the while, but Cursing, Swearing, Dam'ing and Blaspheming to the greatest degree imaginable, and often saying they would not go to Hope point[4] in the River ofThames to be hung up in Gibbets a Sundrying as Kidd and Bradish'sCompany did, for if it should chance that they should be Attacked byany Superiour power or force, which they could not master, they wouldimmediately put fire with one of their Pistols to their Powder, and goall merrily to Hell together! They often ridicul'd and made a mock atKing George's Acts of Grace[5] with an Oath, that they had not gotMoney enough, but when they had, if he then did grant them one, afterthey sent him word, they would thank him for it. They forced and tookaway with them Capt. Carry's Mate, and his Seamen, viz. Henry Gilespy, Mate, [6] Hugh Minnens, [7] both North Britains, Michael Le Couter, aJersey Man, and Abraham, a Kentish Man, could not learn his Sir-name, the Captains Book being carryed away, (except one Row born in Dublinwhich they would not take because born in Ireland), [8] holding aPistol with a brace of Bullets to each of their breasts to go withthem, or be presently shot down, telling them that at present theywanted none of their Service; but when they came to any Action, theyshould have liberty to Fight and Defend the Ship as they did, or elseimmediately be shot, that they should not tell tales. They had onboard the Pirate near 20 Tuns of Brandy. However the Pirates madethemselves very merry aboard of Capt. Carry's Ship with some Hampersof fine Wines that were either presents, or sent to some Gentlemen inBoston; it seems they would not wait to unty them and pull out theCorks with Skrews, but each man took his bottle and with his Cutlashcut off the Neck and put it to their Mouths and drank it out. [9]Whilst the Pirates were disputing whither to sink or burn Capt. Carry's Ship they spy'd a Sail that same evening, and so let him gofree. 

[Footnote 4: Probably a derisive phrase of their own, for the ordinaryplace of execution near Wapping Old Stairs. ]

[Footnote 5: Proclamations offering pardon to pirates who shouldsurrender themselves within a given time. Two such proclamations ofGeorge I. , Sept. 5, 1717, and Dec. 21, 1718, are printed in theAmerican Antiquarian Society's volume of royal proclamations relatingto America, _Transactions_, XII. 176-178. ]

[Footnote 6: When the survivors of Roberts's crew were tried at CapeCorso Castle on the African coast in March and April, 1722, andfifty-two of them executed, this man ("Harry Glasby") was acquitted, for, though he had risen to be master of the principal pirate ship, there was abundant evidence (Johnson, first ed. , pp. 186, 235-238)that he had always been unwilling to continue with the pirates, thathe had tried to escape, and that he had often shown himself humane. Scott uses the name of Harry Glasby in _The Pirate_, vol. II. , ch. 11, borrowing it from Johnson. ]

[Footnote 7: Or Menzies. _Ibid. _, p. 228. ]

[Footnote 8: Roberts's hostility toward Irishmen arose from the trickplayed upon him by one of his lieutenants, an Irishman named Kennedy, who on the coast of Surinam ran away with both his ship and a goodPortuguese prize. _Ibid. _, pp. 166-169. ]

[Footnote 9: They seem to have been painfully destitute of corkscrews. A year later, on the West African coast, when they had captured in aship of the Royal African Company the chaplain of Cape Coast Castle, and had asked him to join them, "alledging merrily, that their Shipwanted a Chaplain", and he had declined, they gave him back all hispossessions, and "kept nothing which belonged to the Church, exceptthree Prayer-Books, and a Bottle-Screw, which, as I was inform'd byone of the Pyrates himself, they said they had Occasion for, for theirown Use". _Ibid. _, p. 198. ]

And at Midnight they came up with the same, which was a Snow fromBristol, Capt. Bowls Master, bound for Boston, of whom they made aPrize, and serv'd him as they did Capt. Carry, unloaded his Vessel andforced all his Men, designing to carry the Snow with them to make hera Hulk to carreen their Ship with. 

The abovesaid Capt. Roberts in Novemb. 1718, [10] was third Mate of aGuinea Man out of London for Guinea, Capt. Plummer Commander, who wastaken by a Pirate, and by that means Roberts himself became a Pirate, and being an active, brisk Man, they voted him their Captain, which hereadily embraced. 

[Footnote 10: Johnson says 1719 (second ed. , p. 208), but 1718 iscorrect. The _Princess_, Capt. Plumb, was captured at Anamabo by Capt. Howel Davis. _Id. _, first ed. , p. 157; for the ensuing narrative, _cf. _ pp. 175-178. ]

The said Roberts in the abovesaid Sloop, Rhode Island built, with aBriganteen Consort Pirate, was some time in January last in theLatitude of Barbadoes, near the Island, where they took andendeavoured to take several Vessels; but the Governour, [11] hearing ofit, fitted out one Capt. Rogers of Bristol, in a fine Gally, a Ship ofabout 20 Guns, and a Sloop, Capt. Graves Commander; Capt. Rogerskilled and wounded several of Roberts's Men, and made a great hole inhis Sloop, which his Carpenter with very great Difficulty (hundreds ofBullets flying round him) stopt, and finding Capt. Rogers too strongfor him, tho' Graves did nothing, which if had, he must of necessitybeen taken, he therefore run for it, as also did his ConsortBriganteen, which he never saw nor heard of since. 

[Footnote 11: Robert Lowther, governor 1710-1721. ]

From Barbadoes Roberts went to an Island called Granada, [12] to theLeeward of Barbadoes, where he carreen'd his Sloop, and from thencethis Spring with 45 Men he came to Newfoundland, into the Harbour ofTrepassi, [13] towards the latter end of June last, with Drums beating, Trumpets sounding, and other Instruments of Musick, English Coloursflying, their Pirate Flagg at the Topmast-Head, with Deaths Head andCutlash, and there being 22 sail in that Harbour, upon the sight ofthe Pirate the Men all fled on Shore and left their Vessels, whichthey possess'd themselves off, burnt, sunk and destroyed all of them, excepting one Bristol Gally, which they designed to be their bestPirate Ship, if a better did not present. After they did all themischief they could in that Harbour, they came on upon the Banks, where they met nine or ten sail of Frenchmen, one of whom is thePirate Ship of 26 Guns abovesaid, taken from a French-man, unto whomRoberts the Pirate gave the Bristol Gally, but sunk and destroyed allthe other French Vessels, taking first out what Guns were fit for hisown Ship, and all other valuable Goods. 

[Footnote 12: Grenada, not yet a British possession. ]

[Footnote 13: At the southeast corner of Newfoundland, just west ofCape Race. ]

Roberts the Pirate designed from Newfoundland to range thro' theWestern and Canary Islands, and so to the Southward, to the Island ofNew Providence, [14] possest by Negroe's, in South Latitude 17, whichthey say is the place of the Pirates General Rendezvous, where theyhave a Fortification and a great Magazine of Powder, etc. Where theyintend to spend their Money with the Portuguize Negro Women. Robertsthe Pirate says, that there is a French Pirate on the North Coast ofAmerica, who gives no Quarter to any Nation, and if he met him, hewould give him none. The Pirates seems much enraged at Bristol Men, for Capt. Rogers sake, whom they hate as they do the Spaniards. 

[Footnote 14: This island seems to be imaginary. In the Atlantic, which seems to be meant, there is no island in 17° S. Lat. Except St. Helena. In the Indian Ocean there is a Providence Island in 9° S. Lat. , north of Madagascar. But newspaper accuracy was no greater thenthan now. Roberts went first to the West Indies, then to the westcoast of Africa, where after many exploits he was killed in battlewith H. M. S. _Swallow_, 50, in February, 1722. Johnson, first ed. , pp. 179-188, 193-214. The captain of the _Swallow_ was knighted for theexploit (capturing 187 pirates), and afterward became famous asAdmiral Sir Chaloner Ogle. ]

ADMIRALTY COURTS. 

_118. John Menzies to the Secretary of the Admiralty (?). July 20, 1721. _[1]

[Footnote 1: London, Privy Council, Unbound Papers, 1:47, copy;probably the original was addressed to the secretary to the Admiralty. John Menzies, a Scotsman and a member of the Faculty of Advocates ofEdinburgh, was judge of the vice-admiralty court for New Hampshire, Massachusetts, and Rhode Island, from Dec. , 1715, to his death in1728. See Mass. Hist. Soc. , _Proceedings_, LIV. 93-94. ]

_Copy_

_Sir_

Since I transmitted to you Copies of my Decrees with reference toCaptain Smart's Seizure when in this place, [2] I have not given youthe trouble of any Information of my Proceedings, or Complaints, TheProvincial Judges in Colonel Shute's Government and I having come to abetter understanding in relation to Prohibitions, by his Countenancein Complyance with their Lordships Order. [3]

[Footnote 2: Capt. Thomas Smart of H. M. S. _Squirrel_. _PublicationsCol. Soc. Mass. _, VIII. 179; _Acts of the Privy Council, Colonial_, III. 30. ]

[Footnote 3: There was constant friction between admiralty judges andcommon-law judges in America as there had been in England. In 1726Judge Menzies was expelled from the legislature of Massachusetts forstoutly standing by the complaints he had made to the Admiralty onthis subject. A discussion of one of them, by Richard West, counsel tothe Board of Trade, is printed in Chalmers, _Opinions_ (ed. 1858), pp. 515-519. ]

This comes that the Lords Commissioners for Executing the Office ofLord High Admiral may be informed of a Case that hath lately occurredwithin the jurisdiction of Admiralty contained in my Commission, [4]Namely, One Benjamin Norton of Rhode-Island, and One Joseph Whippole, a Considerable Merchant of that Colony, [5] did fit out a Brigantine, and sent her under the Command of the said Norton to the West Indieslast Fall (a Vessel by Common Observation more fit for Pirates thanTrade for which they pretended to Employ her) who Fell in with thePirates at St. Lucia in January last, and was (as he saith) taken byOne Roberts a Pirate, though by the Sequel it appears, he is more tobe considered as one of their Assistants and Correspondents, for afterhe had remained with them Six or Seven Weeks, They took a Ship DutchBuilt of 250 Tuns Burthen, or thereby, and having Loaded her withSugars, Cocoa, Negroes, etc. Of very considerable Value, All this theygave to him for his Brigantine though of much more Value than She, andby the most Judicious in the Country, is supposed to have beencommitted to him as one of their Trusties, to Vend the Cargo in thatColony, a Practice not without precedent in that Colony these severalYears past, if my Information fail not;[6] however, be that as itwill, he comes with this Ship and Cargo into Tarpaulin Cove, [7] aPlace lying between the Province of the Massachussets Bay and RhodeIsland, where (by the by) the Pirates used to come to infest OurCoasts in April last: And did in a Clandestine Manner advise the saidJoseph Whipple of his arrival. 

[Footnote 4: See _Acts P. C. Col. _, III. 38-40. ]

[Footnote 5: Benjamin Norton of Newport was probably the father of theBenjamin Norton who in 1741 was commander of the privateer _Revenge_, and as such figures in docs. Nos. 114-162. Col. Joseph Whipple theyounger, afterward deputy governor of Rhode Island. ]

[Footnote 6: According to Johnson, _General History of the Pyrates_, first ed. , pp. 183, 187, Roberts took at Dominica "a Dutch Interloperof 22 Guns and 75 Men" and a Rhode Island brigantine of which oneNorton was master, and at Hispaniola, a little later, "mann'd NortonsBrigantine, sending the Master away in the Dutch Interloper, notdissatisfied". ]

[Footnote 7: Tarpaulin Cove lies on the east side of Naushon, one ofthe Elizabeth Islands. ]

And having dropped Anchor there, he fired at, and brought too severalof Our Coasters, upon which a Rumour arose, that the Pirates were onthe Coast, whereby Our Coasters, except his Accomplices who understoodbetter, were deterred for some Days from Falling within his reach, Andin the interim, the aforesaid Whipple, with One Christopher Almy, andOne Pease, also considerable Traders of New Port in Rhode Island, withsome others, did improve that Opportunity, and carried off andconveyed about 30 of the Negroes, with considerable Quantities of theSugars, Cocoa, etc. , partly in Sloops sent out by them for thatpurpose, and partly in such others as they intrusted therewith, and agreat part of which was by the said Almy and Whipple directed toProvidence Plantacion and recommended to the Care and Conduct of OneWhipple, [8] Brother to the said Joseph, that Place being theirOrdinary Mart and Recepticles for such Cargoes. But so manyaccessaries were concerned, and the Cargo so considerable, the Secretwas Discovered, and thereupon the Officers of his Majesty's Customs, both in the Province of Massachussets Bay and Colony of Rhode Island, did exert themselves, and the Collector at Boston did Seize upon theShip and remainder of the Cargo, [9] The said Benjamin Norton upon theDiscovery having relinquished the Ship and absconded. And the_Surveyor and Searcher at Rhode Island did Seize upon and Secure theSloop_ belonging to one Draper, employed by the said Joseph Whipple, in which a considerable Quantities of the Sugars, etc. , had beencarried off, And did insist against them, upon the breach of the Actsof Trade, for _Neglect to make Entries as the Law directs_. Upon whichInformations I gave Decrees finding the same lawful Seizures, andOrdered the Values thereof (after Sale should be made) to be Paid intoCourt, in regard of the Circumstantial Case, and delivered up to theCollector, etc. , as Informers, upon their enacting and obligingthemselves in the Court of Admiralty to refund the Values in Case anyOwner should appear and make good their Title thereto within TwelveMonths. This is complyed with at Boston, but in the Colony ofRhode-Island, though the Informations were Laid at the instance of theOfficers of the Customes, and that I had given Decrees Condemnator[y]thereupon, and Ordered the Sales by Publick Vendue, Yet in regard Ihad obliged them to Enact for Refunding, _The Collector_, inconjunccion with the Governor at Rhode Island, [10] and some others ofhis Assistants who were concerned in these, who had a part of theGoods trusted in their Hands, till the same should be Sold by Warrantof the Court of Admiralty, Did put a Stop to the Sale appointed by me;And by an Act of the Governor and his Assistants have taken on them tosell and Dispose thereof, and to lodge the Price in other hands thanby Decrees of Court was appointed, _albeit by their Charter_ they haveno right so to do. 

[Footnote 8: Capt. John Whipple of Providence. ]

[Footnote 9: The sheriff of Bristol county, Massachusetts, impressedtwelve men and horses and went to Tarpaulin Cove and took the shipinto custody. _Acts and Resolves Prov. Mass. Bay_, XI. 147. ]

[Footnote 10: Samuel Cranston, governor 1698-1727. ]

I being apprized of this their Proceeding that since the Cargo wasCondemned, and the Sale thereof appointed by the Court of Admiraltywhich issued upon Informacions laid by the Collector and Surveyor ofhis Majesty's Plantation Duties, who had the Sugars and Cocoa in theirCustody, and produced the Negroes before me in Court, There was anOrder past by the Governor and Council or Assistants at Rhode Islanddirected to the Sheriffe, who of before had been one of these who putan Estimate upon the Negroes by appointment of the Judge of Admiralty, and to whom the Judge had Committed the Custody of the Negroes inCourt, Discharging him to deliver them up to the Judges Orders. I wentto Rhode Island, (though I had a Deputy there) and waited on theGovernor, and shewed to him my _Commission under the Great Seal ofAdmiralty_, which also was Recorded in their Books, and insisted withhim on this, That I am uncontrovertedly by my Commission the CompetentJudge in these Parts upon the Contravention of the Acts of Trade, Andmoreover, That by my Commission I am obliged to enquire after andsecure the Goods of all Pirates, etc. , The words of my Commissionbeing _ad inquirendum et investigandum de omnibus et singulis bonisPiratarum_, etc. [11] And as I was authorize[d] for that Effect, so Iconceived that the Governor and his Assistants, their business wasonly to be aiding and assisting to me in the Execution which Iexpected. And therefore Demanded of him, That according to my Order inCourt, the Negroes might be produced as formerly by the Sheriffe inCourt in Order to Sale. And that the Publick Court House, and Housewhere Vendues are usually made, may be made Patent to me asheretofore, And that the Governor's Order for Shutting up thereof anddenying Access to me may be recalled. At the same time I also informedhim that I was accountable to the Lords of Admiralty or Vice Admiraltyfor the Values and Produce of the Sales made by my Decrees. Duringthis Conference a Quorum of his Assistants in Council came in, beforewhom I again resumed my desire, To which I received this Answer, Thatthe Governor _considers himself as Vice Admiral_ and that as such hehath right _to intromett_ with All Goods belonging to Pirates, andthat _by the Charter all such is given to them_, and that he would notallow me the Priviledge of the Court House, unless I would comply withand acquiesse in their Acts of Council. To which I replyed, _TheirCharter contains no such Grant of Admiralty jurisdiction nor right toany Piratical_ Goods (as will be evident on perusal thereof), Yea _inthe Year 1703/4 the Queen Discharged them from exercising any part ofAdmiralty jurisdiction, which was complyed with ever since and theCourt constitute by the Kings Commission_. [12] And as to submitting totheir Acts of Council when derogatory to His Majestys Interest and theAuthority of his Court of Admiralty (which I conceive their Act ofwhich I complain is) was what I could not comply with, withoutrendering my self unworthy of the Trust committed to me and betrayingthereof. Notwithstanding of all which they persisted in theirResolution, and not only Debarred me from the Use of the Court Housebut also to deliver up the Negroes, etc. , to be sold, as I hadordered, and afterward sold them amongst themselves at an undervalue:By which their Contempt of his Majesty's Authority and Court ofAdmiralty is obvious, Yea, their _incroaching upon and usurping of theAdmiralty Jurisdiction contrary to Queen Ann's express Order_abovementioned is Palpable, And their refusing to give that aid andassistance which the Judge did justly require of them in the terms ofhis Commission appear to be highly punishable, if not a just groundfor forfeiture of their Charter, more especially being conjoyned withthis of a great many of that Colony, their keeping a continuedCorrespondence with the Pirates, which renders the fair Traders veryuneasy, and insecure. All which I humbly submit to their LordshipsConsideration, and pray for redress, suitable encouragement, andsupport to him, who is

Sir

Your most humble Servant

J. MENZEIS. 

BOSTON 20th July 1721. 

[Footnote 11: A commission of a vice-admiralty judge (Richard Morris, New York, 1762) may be seen in English translation in E. C. Benedict, _The American Admiralty_, fourth ed. (Albany, 1910), pp. 76-80, andothers in doc. No. 180, _post_, and doc. No. 181. ]

[Footnote 12: See doc. No. 105, note 1. ]

CASES OF JOHN ROSE ARCHER AND OTHERS. 

_119. Trial of John Fillmore and Edward Cheesman. May 12, 1724. _[1]

[Footnote 1: This and the ensuing documents, nos. 119-122, are takenfrom the Massachusetts Archives, vol. 63, pp. 341-360, with someomissions of repetitious matter. Judge Sewall notes in his diary, May1, 1724, "After Lecture I heard the good News of Andrew Harradine andothers rising up and subjugating Phillips the Pirat". _Mass. Hist. Soc. Coll. _, XLVII. 335, where extracts telling the story aretranscribed from the _Boston News-Letter_ of Apr. 16, May 7, and May21. Cheesman threw John Nutt, the master of the pirate ship, overboard; "Harradine struck down [John] Phillips the Captain with anAdds, and another man struck Burrell the Boatswain with a Broad Ax;and the rest fell upon James [or Joseph] Sparks the Gunner, and havingin a few Minutes dispatched the said Four Officers, the rest of thePirates immediately surrendered themselves Prisoners". The result ofthe trials here recorded was that William White and John Rose Archerthe quartermaster were condemned to die, William Phillips (not thepirate captain), and William Taylor were reprieved and later pardoned, the others were acquitted. _Acts and Resolves of Mass. Bay_, X. 627, see also X. 437. A vivid account of the whole affair is given in thesecond edition of Johnson, _General History of the Pyrates_, pp. 396-410; another, in _A Narration of the Captivity of John Fillmore, and his Escape from the Pirates_ (Johnstown, N. Y. , 1806). ]

At a Court of Admiralty for the Tryal of Pirates held at Boston withinHis Majesties Province of the Massachusetts Bay in New England on thetwelfth day of May in the Tenth year of His Majesty's Reign AnnoqDomini 1724, Pursuant to His Maj'ties Commission Founded on an Act ofParliament made in the Eleventh and twelfth years of King William theThird Entituled An Act for the more Effectual suppression ofPiracy, [2] and made perpetual by an Act of the Sixth of King[George]. [3]

[Footnote 2: 11 and 12 Will. III. Ch. 7. ]

[Footnote 3: 6 Geo. I. Ch. 19. ]

Present. The Honorable William Dummer, Esqr. , Lieutenant Governor andCommander in Chief in and over His Maj'ties Province of theMassachusetts Bay in New England, [4] President of the Court. 

[Footnote 4: Acting governor 1722-1728. ]

William Tailer Samuel Sewall }Penn Townsend Edward Bromfield } Esqrs. , of the HonorableJohn Cushing Nathanl. Norden } Council of the MassachusettsThos. Hutchinson Samuel Browne } Bay. Thomas Fitch Adam Winthrop } Spencer Phipps }

 The Hono'ble John Menzeis[5] } Esqrs. , Commissioners Appointed Thomas Durell } by His Maj'ties Thomas Lechmere } said Commission. John Jekyll }

[Footnote 5: Admiralty judge. Capt. Thomas Durell, R. N. , was thecommander of H. M. S. _Seahorse_. Thomas Lechmere, younger brother ofLord Lechmere, was surveyor general of the customs for the northerndistrict of America; he had married the only daughter of Major-Gen. Wait Winthrop, and was a defendant in the celebrated case of Winthrop_vs. _ Lechmere. John Jekyll was collector of the port of Boston. ]

Proclamation was made Commanding silence upon Pain of Imprisonm'twhilst the act of Parliament and His Majesties Commission for theTryal of Pyrates were in Reading. 

Then the said Court was Publickly and solemnly opened and Proclaimedand the Honorable William Dummer, Esqr. , President, took the Oathdirected in said Act, and afterwards Administred the same to the otherCommissioners beforenamed. 

The Court appointed Joseph Hiller, Gent. , Notary Publick for theCounty of Suffolk within His Majesties sd. Province, Register of thesaid Court, And Edward Stanbridge, Marshall of the Court of ViceAdmiralty, Provost Marshall of the said Court. 

Then a Warrant issued out to the Provost Marshall to bring the Bodiesof John Filmore[6] and Edward Cheesman[7] into Court, and accordinglythey were brought to the Bar. 

[Footnote 6: John Fillmore, born in Ipswich, Mass. , in 1702, d. 1777, was great-grandfather of President Millard Fillmore. The _Narration_mentioned above, in note 1, was drawn up from his oral statements, asremembered by a friend. He was taken out of the sloop _Dolphin_, Haskell, fishing on the Newfoundland banks. ]

[Footnote 7: Edward Cheesman, carpenter, was taken out of a ship boundfrom Virginia to London, Mar. 25, preceding. ]

Then the Cryer made Proclamation for all Persons that could GiveEvidence for the King against the Prisoners at the Bar to Come intoCourt and they should be heard. 

Then the sd. Prisoners were arraigned upon Articles Exhibited againstthem for Piracy, Robbery and Felony, The Register reading them in thewords following--

Articles of Piracy, Robbery and Felony Exhibited against John Filmore, Marriner, and Edward Cheesman, Ship Carpenter. 

You and each of you stand Accused by His Maj'ties Advocate General ofFelony, Pyracy and Robbery--

First, For that you the sd John Filmore, together with John Phillips, John Nutt, Samuel Ferne, Joseph Sparkes, William White and diversothers, on or about the fifth day of September last past, by force andarm's, in or near a harbour upon Newfoundland upon the high sea(within the Jurisdiction of the Admiralty of Great Britain)Pyratically and Feloniously did surprize, seize and take three fishingvessels belonging to His Majesties good subjects, and then and therewithin the Jurisdiction aforesd. , Feloniously and Pyratically withforce as aforesd. Did take and Carry away an Indian man named IsaacLassen, and John Parsons, Marriner, one of His Maj'ties good subjects:And afterwards, viz. On or about the Middle of sd. Month of September, on the high seas and within the Jurisdiction aforesd. , he the sd JohnFilmore, in the Jurisdiction aforesd. , with force as aforesd. , Pyratically and Feloniously did surprize seize and take a scooner ofthe value of Five hundred pounds, ---- Furber Master, belonging to HisMajesties good subjects, and out of her then and there, within theJurisdiction aforesd. , Feloniously and Pyratically did seize, take andcarry away a quantity of provision and cloth of the value of Fiftypounds. 

Secondly, For that the said John Filmore, in Conjunction as aforesd. , on or about the beginning of sd. Month of September, near the harbourof St. Peters[8] upon the high seas and within the Jurisdictionaforesd. , Piratically and Feloniously did then and there with force, etc. , surprize, seize and take three fishing Vessels belonging to HisMaj'ties good subjects, and then and there, within the Jurisdictionaforesd. , with force as aforesd. , Did Feloniously and Pyratically takeand Carry away out of the sd. Vessels a quantity of Provisions of theValue of ---- and Eight of their Men. 

[Footnote 8: The French island now called St. Pierre. It will beobserved that the first count in the indictment against William Whiteand others, doc. No. 121, presents in a somewhat different, andapparently more correct, order the transactions described in the firsttwo counts of the present indictment. ]

Thirdly, For that the sd. John Filmore, in Conjunction as aforesd. With one John Burrill, one or about the ---- day of ----, upon the highseas and within the Jurisdiction aforesd. , with force and arm's didPyratically and Feloniously surprize and seize and take a FrenchVessel named ----, and of the Burthen of ---- Tuns, [9] and out of herthen and there as aforesd. Did Piratically and Feloniously take andCarry away Thirteen Pypes of Wine of the Value of Three hundredpounds, a quantity of Bread, and a Great Gun and Carriage of the valueof fifty pounds. 

[Footnote 9: 150 tons, and of a value of £1000, according to theindictment of White and others. ]

Fourthly, For that the sd. John Filmore, in Conjunction as aforesd. , on or about the ---- day of the month of ---- last, [10] upon the highseas and within the Jurisdiction aforesd. , with force, etc. , didFeloniously and Pyratically surprise, seise and take a Brigantinenamed ----, [11] One Moor Master, and belonging to His said Majestiesgood subjects, and out of Her then and there in manner as aforesd. Didtake and Carry away Cloths and Provisions of the Value of Two Hundredpounds. 

[Footnote 10: About October 4; _ibid. _]

[Footnote 11: _Mary_, value £500; _ibid. _]

Fifthly, For that the sd. John Filmore, in Conjunction as aforesd. , onor about the month of ----[12] last, upon the high sea and within theJurisdiction aforesd. , with force, etc. , Did Piratically andFeloniously surprise, seise and take a Brigantine named the ----, oneReed Master, and belonging to His Maj'ties good subjects, bound toVirginia with servants, and on or about seven days after, the sd. JohnFilmore, in Conjunction with sundry others, upon the high sea withinthe Jurisdiction aforesd. , Feloniously and Pyratically with force andArms as aforesd. Did surprise, seize and take a Portuguese Brigantinebound to Brazel, and in manner as aforesd. Did out of her take andCarry away a Negro Man slave named Francisco, of the Value of Onehundred pounds, three Dozen of shirts of the Value of forty pounds, aCask of Brandy and Provisions of the Value of Thirty pounds. 

[Footnote 12: October, £500, and the same value for the Portuguesebrigantine and the _Content_; _ibid. _]

Sixthly, For that the sd. John Filmore, in Conjunction as aforesd. , onor about the twenty seventh day of October last, in the Lattitude ofBermudas, on the high seas and within the Jurisdiction aforesd. , withforce and arms Did Piratically and Feloniously surprise, seize andtake the sloop named _Content_, George Barrow Master, belonging to HisMaj'ties good subjects, and out of her then and there in manner asaforesd. Did seise, take and Carry away John Masters, the Mate of thesd. Ship, and plate and Provisions to the Value of One hundred pounds. 

Seventhly, For that the sd. John Filmore, in Conjunction as aforesd. , on or about the seventh day of February last past, in the Lattitude of37 or thereabouts, on the high sea and within the Jurisdictionaforesd. , with force and arms Pyratically and Feloniously didsurprize, seize and take a ship bound from London to Virginia, [13] one---- Huffam Master, and belonging to His Maj'ties good subjects, andout of her then and there, in manner as aforesd. , did Feloniously andpyratically take and Carry away one Great Gun and Carriage, Cloathing, and a quantity of powder and Ball, all of the Value of One hundredpounds. 

[Footnote 13: Valued at £1000 in the later indictment. ]

Eighthly, For that the sd. John Filmore and Edward Cheesman, inConjunction as aforesd. , on or about the month of ---- last, [14] nearthe Isle of Shoals, on the high sea and within the Jurisdictionaforesd. , with force and Arms Pyratically and Feloniously didsurprize, seize and take an Isle of Shoals Sloop, John Salter Master, and belonging to His Maj'ties good subjects, in which the sd JohnFillmore and Edward Cheesman did Enter, in Conjunction with sdPhillips, Nutt, Burril and Archer, together with their Guns, Ammunition and provision, etc. And Did also then and there, within theJurisdiction aforesd. , with force as aforesd. , Feloniously andPyratically surprise, seize and take a schooner, One ---- ChadwellMaster, and also belonging to His Maj'ties Good subjects. [15]

[Footnote 14: Apr. 4. ]

[Footnote 15: "Understanding that she belong'd to Mr. Minors atNewfoundland, with whose Vessel they first went off a pyrating, aQualm of Conscience came athwart his [Phillips's] Stomach, and he saidto his Companions, 'We have done him Injury enough already'; soorder'd the Vessel immediately to be repair'd, and return'd her to theMaster". Johnson, second ed. , p. 405. The schooner was the _Good-will_of Marblehead, Benjamin Chadwell. ]

Lastly, For that the said John Filmore and Edward Cheesman, inConjunction as aforesd. , on or about the fourteenth day of April lastpast, on the high sea and within the Jurisdiction aforesd. , with forceand arms did Feloniously and Pyratically surprise, seise and take asloop, [16] Andrew Harradine Master, and belonging to His Maj'ties goodsubjects, and on the fifteenth following, with force, etc. , Feloniously and pyratically did Enter with all their Guns, Ammunitionand Provision, on board sd Sloop. All which sd. Acts of Pyracy, Robbery and Felony were by you and each of you done and Committed inmanner as aforsd. , Contrary to the statutes and the Laws in that Casemade and Provided. 

[Footnote 16: The _Squirrel_, of Annisquam, a fine new vessel, towhich Phillips transferred. Babson, _History of Gloucester_, pp. 286, 287. ]

ROBT. AUCHMUTY, Adv. Genl. [17]

[Footnote 17: Afterward admiralty judge, 1728-1729, 1733-1747. ]

Andrew Harradine, Master of the Sloop _Squirell_, Deposeth That on orabout the fourteenth of April last past, about twelve Leagues SouthEast of the Isle of Sables, [18] he was met and taken by Phillips thePyrate, who demanded and took from him his vessel, being a betterSailor than that they were in. That he knows both the Prisoners at theBar, saw them on board the Pyrate when he was taken, but did not seethem armed, that neither of them went on board vessels when they weretaken. That John Filmore, the day after that this Depont. Was taken, Declared his mind to him and the minds of several others, to rise uponthe Pyrates in order to subdue them and Endeavour their escape. ThatEdward Cheesman, upon the rising, threw Nutt the Master of the Pyrateover board, That John Filmore struck Burrell the Boatswain on the headwith a broad ax, whilst the Depont. And others Dispatcht the Captainand Gunner. [19]

[Footnote 18: Sable Island, south of Nova Scotia. ]

[Footnote 19: John Phillips and James or Joseph Sparks. "Phillips' andBurrill's heads were brought to Boston in pickle"; Diary of JeremiahBumstead, May 3, 1724, in _N. E. Hist. Gen. Reg. _, XV. 201. ]

John Masters, late Mate of the Sloop _Content_, Deposed That on orabout the 27th of October last, he was taken out of the sd sloop_Content_, George Barrow Master, in the Lattitude of Barbado's, by thePyrate Phillips, was kept by the Pyrates four Months and thenreleased, That whilst he was on board they took a ship from Londonbound to Virginia, one ---- Huffam Master, That Nutt the Master of thePirate, Rose-Archer the Quarter Master, [20] and some others went onboard, and as this Depont. Can Remember, John Filmore, one of thePrisoners at the Bar, was forced to go on board with them, That thesd. Filmore spoke to this Deponent several times about rising upon thePyrates, whilst this Depont. Was onboard. 

[Footnote 20: John Rose Archer was a seasoned pirate; he had servedunder the famous Blackbeard. Johnson, p. 399. ]

William Lancy, Fisherman, Deposed That he was taken by the PyratePhillips and kept on board the Pyrate while they took nine Vessels, that he never saw the Prisoners at the Bar take up arms at any time, that they always seemed to him to be forced men. 

After the Evidences had been severally sworn and Examined, thePrisoners at the Bar were asked, what they had to Say, who severallyanswered, they were forced men, that they never acted Voluntarily, andthat they were principally Concerned in the rising. 

Then the Advocate General summ'd up the nature of the Evidences. Andthe Prisoners were taken away from the Bar, and the Court was Clearedand in private. 

Then the Court, having duly weighed and maturely Considered theEvidences against the Prisoners and their own Defence, UnanimouslyAgreed and voted, That the sd. John Filmore and Edward Cheesman werenot Guilty of the Pyracies, Robberies and Felonies Exhibited agt. Them. Then the aforesd Prisoners were brought to the Bar and thePresident pronounced the sd John Filmore and Edward Cheesman notGuilty. [21]

[Footnote 21: Fillmore says, _Narration_, p. 18, that the court gavehim Captain Phillips's gun, silver-hilted sword, silver shoe- andknee-buckles, and tobacco-box, and two gold rings that the pirate usedto wear. As late as 1857, the gun was still in the possession of acousin of President Fillmore's father. _N. E. Hist. Gen. Register_, XI. 144. ]

Then the Court Adjourned to three a Clock in the afternoon. 

_120. Trial of William Phillips and Others. May 12, 1724. _

_P. M. _ The Court met according to adjournment, and was opened byProclamation, And a Warrant issued out for the bringing into Court the Bodies ofWilliam Phillips, [1] Isaac Lassen, Henry Giles, John Baptis, PeterTaffery, Charles Ivemay, John Bootman, John Combes and Henry Payne, and they were accordingly brought to the Bar. 

[Footnote 1: Not known to have been related to the pirate captain, John Phillips. Lassen was an Indian, Giles a young lad, Baptis andTaffery Frenchmen. ]

Then the Cryer made Proclamation for all Persons that Could GiveEvidence for the King against the Prisoners at the Bar to Come intoCourt and they should be heard. 

Then John Baptis and Peter Taffery, being French men, were remandedback to Prison in order to be tryed by themselves. 

And the rest of the Prisoners were Arraigned upon Articles Exhibitedagainst them for Piracy, Robbery and Felony, The Register Reading themin the words following, viz. 

Articles of Piracy, Robbery and Felony Exhibited against WilliamPhillips, Isaac Lassen, Henry Giles, Charles Ivemay, John Coombes, John Bootman and Henry Payne, Marriners. 

You and Each of you stand Accused by His Majesties advocate General ofFelony, Pyracy and Robbery. 

First, For that you, the said William Phillips and Isaac Lassen, together with John Phillips, John Nutt, Samuel Ferne, James Sparkes, William White, John Archer (otherwise Called John Rose Archer), anddivers others, on or about the 27th day of October last, in theLattitude of Barbados, on the high sea, and within the Jurisdiction ofthe Admiralty of Great Britain, with force and arms did PyraticallyAnd Feloniously surprise, seise and take the Sloop named the_Content_, George Barrow Master, belonging to His Majesties goodsubjects, and out of them then and there in manner as aforesd. Didtake and Carry away one John Masters, the mate of sd. Sloop, and plateand Provisions to the value of One hundred pounds. 

Secondly, For that the said William Phillips and Isaac Lassen, inConjunction as aforesd. , in the Month of ---- last, [2] upon the highseas, within the Jurisdiction aforesd. , with force and armsPyratically and Feloniously did surprize, seize and take a PortugueseBrigantine bound to Brazil, and in manner as aforesd. Did out of herthen and there take and Carry away a Negro Man Slave named Francisco, of the value of One hundred pounds, three Dozen of shirts of thevalue of forty pounds, one Cask of Brandy and Provisions of the valueof thirty pounds. 

[Footnote 2: October, 1723. ]

Thirdly, For that the sd William Phillips and Isaac Lassen, inConjunction as aforesd. , on or about the fourth day of February lastpast, upon the high sea, about thirty five Leagues to the southward ofsandy hook, within the Jurisdiction aforesd. , with force and armsPyratically and Feloniously did surprize, seise, enter into and take asnow, one ---- Laws master, belonging to His Maj'ties good subjects, and out of her then and there with force as aforesd. , Pyratically andFeloniously take and Carry away Cloaths and provision to the value ofOne hundred pounds. 

Fourthly, For that the sd. William Phillips, Isaac Lassen and HenryGyles, in Conjunction as aforesd. , on or about the first day of Marchlast, upon the high sea and within the Jurisdiction aforesd. , withforce and Arms Pyratically and Feloniously did surprise, seize andtake a French Ship bound from Martenico to France and, in manner asaforsd. , out of her, with force as aforsd. , then and there didPyratically and Feloniously take and Carry away One Negro Man namedPierro, of the Value of sixty pounds, Eight Great Guns, twenty smallArms, a number of Cutlashes, and a Considerable quantity of Brandy, Wine and sugar to the Value of two hundred pounds. 

Fifthly, For that the sd William Phillips, Isaac Lassen and HenryGyles, in Conjunction as aforsd. , on or about the 27th of March last, upon the high sea within the Jurisdiction aforesd. , with force andArms Pyratically and Feloniously did surprise, seize and take twoships bound from Virginia to London, One Commanded by John Phillipsand the other by Robert Mortmiere, [3] and in manner as aforesd. Tookout of One of them (Commanded by John Phillips) Edward Cheesman, Carpenter, whom they forced in manner as aforesd and Carried away. 

[Footnote 3: Johnson, p. 401, gives the other captain's name asMortimer. ]

Sixthly, For that the sd. William Phillips, Isaac Lassen, Henry Gylesand Charles Ivemay, in Conjunction as aforesd. , on or about the latterend of the month of March, upon the high sea within the Jurisdictionaforesd. , with force and arms Pyratically and Feloniously did thenand there surprise, seize, Enter into and take a scooner belonging toHis Majesties good subjects, One Chadwell Master, and out of her withforce as aforesd. Did Pyratically and Feloniously take and Carry awaysundry Provisions to the Value of forty pounds. 

Seventhly, For that the said William Phillips, Isaac Lassen, HenryGyles and Charles Ivemay, in Conjunction as aforesd. , on or about themonth of April last past, upon the high sea within the Jurisdictionaforesd. , did with force and arms Pyratically and Feloniouslysurprize, seize, enter into and take a Fishing scooner, William LencyMaster, and then and there out of her with force as aforesd. And inmanner as aforesd. Did take and Carry away divers goods and Provisionsto the value of Twenty pounds. 

Lastly, For that the sd. William Phillips, Isaac Lassen, Henry Gyles, Charles Ivemay, John Bootman, John Coombes and Henry Payne, inConjunction as aforesd. , on or about the 14th of April last past, onthe high sea and within the Jurisdiction aforesd. , with force and armsdid Feloniously and Pyratically surprise, seize and take a sloop namedthe _Squirrel_, Andrew Harradine Master, and belonging to His Maj'tiesgood subjects, and on the fifteenth following, with force and armsFeloniously and Pyratically did Enter with all their Guns, ammunitionand Provisions on board the sd Sloop. All which sd acts of Pyracy, Robbery and Felony were by you and Each of you done and Committed inmanner as aforesd. , Contrary to the statutes, and the Laws in thatCase made and Provided. 

To all which Articles the sd William Phillips with the other Prisonersat the Bar severally pleaded not Guilty. 

_Advocate General. _ May it Please your Honours, The Prisoners now at the Bar stand also Articled against for Pyracy, Robbery and Felony, and as the Charge so also the proof agt themappearing more certain clear and possitive than in the Case of thosebut lately Acquitted, I doubt not therefore of the Justice of theHonorable Court in finding them and Each of them Guilty. 

Then the Kings Evidences were called and sworn. John Masters, lateMate of the Sloop _Content_, George Barrow Master, Deposed says thatbeing bound from Boston to Barbados in sd. Sloop on the 27th ofOctober last, the sd. Sloop was taken by a Pyrate Scooner Commanded byJohn Phillips, That the Pyrates forced this Depont. To go with them, and whilst this Depont. Was with them, on the fourth of February last, they took a snow, one Laws Master. Samuel Ferne and James Wood, bothsince shot by Capt. Phillips, [4] William Taylor, now in Goal, andWilliam Phillips, one of the Prisoners at the Bar, went on board thesaid snow armed with Cutlashes, that they brought Provisions from thesnow on board the scooner, but knows not whether Phillips brought anyor not. 

[Footnote 4: For insubordination. ]

William Lancey, Master of a Fishing scooner, Deposed That in the Monthof April last, he and his Company were taken off of Cape Sables[5] bya Pyrate sloop Commanded by John Phillips, Captain, that they tookseveral vessels while this Depont. Was on board, and when CaptainPhillips was about to dismiss this Depont. With his vessel he asktthis Depont. Whether he would carry home with him one Willm. Phillips, who was then on board the Pyrate Sloop, having one of his leggs Cutoff, [6] and whom the Depont. Saith is one of the Prisoners now at theBar; and the Depont. Answered, Provided the Captain and the Men werewilling he would Carry him with him, but the sd. William Phillipsrefused to go with the Depont. Saying if he should they would hanghim. 

[Footnote 5: The southwest point of Nova Scotia. ]

[Footnote 6: The carpenter had sawed it off, somewhat amateurishly, after it had been wounded in the fight between the captain and Ferne, as related below. Johnson, p. 400. ]

John Filmore Deposed. Saith That he knows William Phillips. He wastaken out of a Sloop sometime in October last. The first vessel thatwas taken after Phillips's being taken was a Brigantine. Cannot saythat Phillips went on board the Brigantine. He never saw him Armedwith other arms than a Cutlass. That in February they took a snowbound from New York to Barbados, one Laws Master. Samuel Ferne, JamesWood, William Taylor and Wm. Phillips, one of Prisoners at the Bar, went on board the snow armed with Cutlasses, who kept on board andNavigated sd snow, as far to the southward as the Lattitude of 21, where Ferne and Wood, attempting to run away with the scooner, inorder thereto Confined Taylor and Phillips: But Capt. Phillips thePyrate firing upon the snow, she brought too, and the sd Ferne wasCommanded on board, but he refused and fired upon Capt. Phillips andCompelled the Prisoner at the Bar, William Phillips, to come and abideupon Deck, where he had his left leg shot by Nutt, which wasafterwards Cut off. That Isaac Lassen was taken at Newfoundland inSeptr last. That he was generally set at the helm to steer the vessel. He was once set on board the snow armed, when Fern, Wood, etc. , wererunning away with her. He never was forward nor did he ever see himGuilty of any Act of Pyracy when vessels were taken, nor Share anyplunder, Except that they now and then obliged him to take a Shirt ora pair of stockings when almost naked. That he was knowing of therising to subdue the Pyrates, and took hold of the Captains Arm, whenHarradine struck him in the head with the Ads. That Henry Gyles wastaken in February and forced to go with the Pyrates; Nutt obliged himto keep a Journal being an Artist. [7] he never saw him armed on board, that he was always Contriving to get away, and has often told thisDepont. That he would Escape if possible. That he was knowing of therising against the pyrates and forward and Active in it. That CharlesIvemay was taken and forced out of the same ship that Cheesman theCarpenter was. That he always behaved himself Civilly. He never sawhim Armed. That he was knowing of and brisk and Active in the risingagainst the Pyrates. That there was no vessel taken after JohnBootman, John Coombes and Henry Payne were taken. 

[Footnote 7: In the sense, now obsolete, of a person having scientificattainments. "The moon, whose orb Through optic glass the Tuscanartist views" (Milton, referring to Galileo). Probably Giles had someknowledge of navigation. See his testimony in doc. No. 121. ]

Edward Cheesman Deposeth That William Phillips leg was Cut off beforehe[8] was taken by the Pyrates, That Henry Gyles was Guilty of no Actof Pyracy that he ever saw or heard of, that he behaved himselfCivilly, kept a Journal being an Artist, That he has often told thisDepont. He would contrive some way or other to make his Escape, thathe was knowing of the Rising and forward and Active in it. That IsaacLassen behaved himself Civilly and always seemed to him to be a forcedman, That he never saw him in Arms; was the Man that took hold of CaptPhillips's Arm when Harradine struck him. That Charles Ivemay wasObliged and forced out of the same ship; he never was armed or forwardwhen vessels were taken, That he was Privy to the Design of subduingthe Pyrates and active in Executing it. That Bootman, Combes and Payneseemed to be forced and there was no vessel taken after they Came onboard. 

[Footnote 8: Cheesman. ]

Andrew Harradine Deposeth That Phillips's leg was Cut off beforehis[9] being taken, knows nothing of him, That Lassen always behavedhimself well, he never saw him armed, that he has several times toldthis Depont. That the Pyrates should never Carry him off the Coast tosuffer by them as he had done already, that he was the first that tookhold of the Captain, when this Depont. Struck him and killed him. Thathe never saw any thing by Gyles and Ivemay but what was Civil, no waysActive as Pyrates, that they were both acquainted with the design ofsubduing the Pyrates, and stirring and brisk in the Execution thereof. That Bootman, Combes and Payne came on board after he was taken, therewas no Vessel taken after their being on board. That Bootman was Privyto and Active in the subduing the Pyrates, and Combes and Payne seemedto him to be forced men. 

[Footnote 9: Harradine's. ]

The Witnesses having been Severally Examined and Deposed as aforesd. , the Prisoners were asked whether they had any thing to say on theirown Defence. William Phillips said he was forced by the Pyrates out ofthe Sloop _Glasgow_, William Warden Master, that sometime after hewas on board, he understood there were articles drawn up, [10] for theCaptain Called him auft, and with his pistol Cocked demanded him tosign the sd. Articles or Else he would blow his Brains out, which herefused to do, Reminding the Captain of his promise that he should becleared; but the Captn. Declaring that it should not hurt him, andInsisting on it as aforesd. , he was Obliged to sign the sd. Articles. Then when Ferne and Wood were running away with the snow, they nevertold him what design they were upon but told him they were going toHolmes's hole, [11] and there every one to shift for himself, and therest alledging they were forced men and some of them that they were inthe secret of subduing the Pyrates and active in it, and others thatthere was no vessels taking whilst they were on board. 

[Footnote 10: Johnson, pp. 397-398, gives verbatim the text of thesearticles of agreement (_cf. _ doc. No. 50), a very curious set, towhich these pirates "swore upon a Hatchet for want of a Bible. "]

[Footnote 11: Now Vineyard Haven, in Martha's Vineyard. ]

Then the Prisoners being taken away and all withdrawn but theRegister, The Court maturely Weighed and Considered the Evidences andCases of the Prisoners and by a Plurality of Voices found the sdWilliam Phillips Guilty of the Pyracies, Robberies and FelonysExhibited against him, and by an unanimous voice found the sd. IsaacLassen, Henry Gyles, Charles Ivemay, John Bootman, John Coombes andHenry Payne not Guilty. 

Then the Prisoners were brought to the Bar and the Presidentacquainted William Phillips That the Court had found him Guilty of thePyracies, Robberies and Felonies Exhibited against him, and asked himif he had any thing to say why sentence of Death should not pass uponhim for his Offences. 

And he offering nothing Material the President Pronounced sentence ofDeath against him in the following words--

"You, William Phillips, are to go from hence to the place from whenceyou Come and from thence to the place of Execution, and there you areto be hanged by the neck until you are dead, and God of His InfiniteMercy save your Soul. "

And the President Pronounced the said Isaac Lassen, Henry Gyles, Charles Ivemay, John Bootman, John Coombs and Henry Payne not Guilty. 

Then the Court adjourned till to morrow morning Eight of the Clock. 

_121. Trial of William White, John Rose Archer, and William Taylor. May 13, 1724. _

May the 13th day A. M. 

The Court met according to Adjournmt. And was opened by Proclamation. 

 Present The Hono'ble William Dummer, Esqr. , etc. President. William Tailer Nathaniel Norden }Samuel Sewall Thomas Hutchinson }Penn Townsend Samuel Browne } Esqrs. , of the Council ofEdwd. Bromfield Thomas Fitch } the Massachusetts Bay. John Cushing Adam Winthrop } Spencer Phipps. }

John Menzies }Thomas Durell } Esqrs. , Commissioners appointed inThomas Lechmere } His Majesties Commission, etc. John Jekyll }

A Warrant issued out for the bringing into Court William White, JohnArcher, otherwise Called John Rose Archer, and William Tailer, andthey were brought to the Bar accordingly and arraigned upon theseveral articles Exhibited against them for Piracy Robbery and Felony. 

At a Special Court of Admiralty for Tryal of Pyrates held at Bostonwithin His maj'ties Province of the Massachusetts Bay in New Englandon the twelfth day of May In the Tenth year of the Reign of oursovereign Lord George, by the Grace of God of Great Britain, Franceand Ireland King, Defender of the Faith, etc. , Annoq Domini 1724--

Articles of Pyracy, Robbery and Felony Exhibited then and thereagainst William White, John Archer, otherwise Called John Rose Archer, and William Taylor, Marriners--

You stand Accused by His Majesties Advocate General of Felony, Pyracyand Robbery

First, For that the said William White, together with John Phillips, John Nutt, Samuel Ferne and James Sparks, on or about the beginning ofSeptember last past, by force and Arms, in a Certain harbour near St. Peters in Newfoundland, upon the high sea, within the Jurisdiction ofthe Admiralty of Great Britain, piratically and Feloniously didsurprise, seise, take and Carry away a Certain scooner named ----, then and there being and belonging to His Maj'ties good subjects, andon the fifth day of the sd. Month, being on board the sd scooner asaforesd. , with force as aforesd. , and on the high sea, within theJurisdiction aforesd. , near Newfoundland did Pyratically andFeloniously surprise, seize and take three fishing vessels belongingto His Majesties good subjects and in manner as aforesd. Did take outof one of them an Indian Man named Isaac Lassen; and afterward, viz. On or about the middle of the sd Month of September, on the high seaand within the Jurisdiction aforesd. , he the sd William White, inConjunction as aforesd. With divers others, with force and armsPyratically and Feloniously did surprise, seize and take a Certainscooner named ----, one Furber, belonging to His Majesties goodsubjects and of the value of Five hundred pounds, and then and therewithin the Jurisdiction aforesd. Out of her did seize, take and Carryaway a quantity of provision and Cloaths of the Value of fiftypounds. [1]. . . 

[Footnote 1: Articles II. -XII. Are here omitted, being substantiallyidentical with arts. III. -VII. Of the indictment in doc. No. 119 andIII. -VII. Of that in doc. No. 120. ]

Lastly, For that the sd. William White, John Archer, als Rose Archer, and William Taylor, in Conjunction as aforesd. , on or about thefourteenth of April last past, on the high sea and within theJurisdiction aforesd. , with force and Arms Did Feloniously andPyratically surprise, seize and take a Sloop named the _Squirrel_, Andrew Harradine Master, of the Value of Three hundred pounds andbelonging to His Maj'ties good subjects and on the fifteenth followingwith force and Feloniously and pyratically did Enter with all theirGuns, ammunition and provision on board the sd Sloop. All whichActings of Pyracy, robbery and Felony were by you and Each of you doneand Committed in manner as aforesd. , Contrary to the Statutes and theLaws in that Case made and Provided. 

ROB. AUCHMUTY, Adv. Genl. 

Then the Kings Evidences were Called and sworn. 

John Filmore Deposeth and Saith That he was in the harbour of St. Peters when Mr. Minotts scooner was run away with, by which scooner hewas afterwards taken. That when he was Carried on board, he there sawWilliam White upon Deck. That White told this Depont. He Came out uponthat design, which this Depont. Understood to be Pyracy, but that hewas in Drink and he was sorry for it. That White went armed on board aVirginia Ship, that he had his Share of some Shirts that were takenout of a Portuguese Brigantine, That John Rose Archer and WilliamTaylor (when a Brigantine whereof One Read was Master, in which the sdArcher and White were, was taken), Voluntarily Joyned with thePyrates, That in a short time after Archer was Chosen Quartermasterand after he was so, he went on board every Vessel they took, armed, That William Taylor was very Great with Phillips, Nutt and Burrill, being Admitted into the Cabbin, upon any Consultation they hadtogether. 

Edward Cheesman Deposed That White told him he was [one] of the firstfive that run away with Mr. Minotts Scooner, [That] they made himDrink, and that he was sorry for it now. That in taking severalVessels White was more Active than others, who pretended to be forcedmen. That John Rose Archer, to this Deponts. Certain knowledge, byforce and Arms Entred into several vessels they took and aided andassisted in plundering the same and sharing part thereof, And thatWilliam Taylor was as active on board as any of them; That this DepontSaw him once take a great Coat and heard him then say, he would notwillingly hurt a Man, but he was upon the Account, and he must not goNaked. 

Isaac Lassen Deposeth That White told him three days [after] he wastaken, that he was sorry he Came out upon the [Accot. ], That thisDepont. Saw him go on board a snow armed, and that he shared part ofthe plunder. 

Henry Giles Deposed That White was one of the four that went on boardthe Ship this Depont. Was taken out of, that he was Armed with aCutlass and Shared part of the plunder, That he also Saw him go onboard a French ship armed with a Cutlass, out of which Ship they tookEight Great Guns: That Archer also was one of the four that went onboard their ship armed with a Cutlash, and as this Depont. Was goingover the side Archer threatned to Cut him in sunder if he did not makehast and go on board the Pyrate with his Books and Instruments. 

William Lancy Deposed That he was taken by the Pyrate Phillipssometime in April last, That Archer the Quarter Master was one ofthose who came on board his scooner and that he was armed with swordor Cutlash; that the sd. Archer went on board all or most of thevessels they took while this Depont. Was with them, Armed with swordor Cutlass; That Archer told him that he was one of Teaches[2] men andwent into South Carolina upon the Act of Grace. That White told thisDepont. He was sorry he came out upon the Accot. And if he Could hewould get away before they went off the Coast. That he heard WilliamTaylor say they were Carrying him to Virginia to be sold[3] and theymet with these honest Men, meaning the Pyrates, and he listed himselfto go with them. 

[Footnote 2: Edward Teach or Thatch, the famous pirate commonly calledBlackbeard. ]

[Footnote 3: _I. E. _, as an indented servant. ]

After the Kings Evidences had been severally Examined the Prisoners atthe Bar were asked what they had to say in their own Defence. WilliamWhite says he is sorry he should Commit such a sin, that he was inDrink when he went away with Phillips, Nutt, etc. , in Mr Minottsscooner. John Archer and Willm Taylor say they were forced Men, andArcher, being asked how he Came to be Quarter Master, Answered thatthe Company thought him the fittest Man for a Quarter master and soChose him. 

Then the Kings Advocate General summed up the nature of the Evidenceagainst the Prisoners, and the Prisoners were taken from the Bar, andthe Court cleared and in private. 

Then the Court Maturely weighed and Considered the Evidences and thePrisoners Cases, and Unanimously found William White, John RoseArcher, and William Taylor Guilty of Pyracy, robbery and Felonyaccording to the Articles Exhibited against them. Then the Prisonerswere brought to the Bar and the President acquainted them that theCourt by a Unanimous Voice had found them Guilty. Then the CourtAdjourned to three a Clock in the afternoon. 

_122. Trial of John Baptis and Peter Taffery. May 13, 1724. _

The Court met and Opened according to Adjournm't by Proclamation andOrdered John Baptis and Peter Taffery, two French Men, to be brought[to] the Bar, and they were brought to the Bar accordingly and orderedto attend to the articles read agt. Them for Pyracy, Robbery andFelony. 

And the Register read the articles, which were the four last articlesof those Exhibited against William Phillips, Isaac Lassen, etc. , towhich articles the sd John Baptis and Peter Taffery severally pleadednot Guilty. Then the Kings Evidences being sworn, Called andInterrogated, Deposed as follows. 

William Lancy Deposed That whilst he was on board the Pyrat, up[on]their Coming up with a Cape Anne vessel, Phillips the Captain [of] thePyrat ordered John Baptis to fetch up a Musquet, which he did, andwhen the Captain was going to take the Musquet [to] fire, Baptistwicht it out of his hands and fired it him[self], That Baptist wasone that went on board a sloop, one [Beel] Master, Armed. 

David Jaw, belonging to the Scooner [whereof] Will'm Lancy wasSkipper, Deposed That John Baptis Came [on] board their Vessel withseveral others armed. That Baptis Came [up] to this Depont. And Damndhim and kicked him in his legs and [pointed] to his Boots, [1] whichwas a sign as this Depont understood it that he wanted his Boots, andhe accordingly pull'd them off and Baptist took them. 

[Footnote 1: Baptis, it will be remembered, did not speak English;hence it was that he resorted to the expressive language of manual(and pedal) signs. ]

John Filmore Deposed That John Baptis and Peter Taffery, upon therising against the Pyrates, with others fell upon James Sparkes, theGunner of the Pyrate, and killed him and threw [him] Overboard. 

Edward Cheesman Deposed That John Baptis always carried himselfCivilly on board and was always for[ward] to rise upon the Pyrates. That Peter Taffery was [more active] than Baptis, that he saw him fireat vessels [two or three] times. 

Henry Giles Deposed That William[2] Phillips, the Capt[tain] of thePyrate, was always afraid of John Baptis that he would do him somedamage, That Baptis was always ready and forward to rise upon thePyrates, when they talkt of rising, That he has seen them go Armed onboard Vessels, but cant say he had any share of the plunder, ThatTaffery was more active than Baptis. 

[Footnote 2: John. ]

Andrew Harradine Deposed he never saw any thing but what was Civil inBaptis and Taffery, That they were very forward upon the rising, assoon as they perceived what they were about, and were very muchrejoiced when it was done and they had got their Liberty. 

Then the Court ordered That all Persons should depart but the Judgesand Register; and having Maturely weighed the Evidences unanimouslyfound John Baptist and Peter Taffry not Guilty. Then the Prisonerswere brought to the Bar and the President declared That the Court hadfound them not Guilty. 

Then the Court Adjourned till the Morrow Morning. 

And the Court being met according to Adjournment, Francisco, Pedro, and Pierro, three negros, were brought to the Bar and Arraigned, butno Evidences appearing to alledge any Acts of Pyracy against them, butall [alledging] that they were Imployed in Cooking the Kettle, TheCourt [unanimously] found them not [Guilty]. [3]

[Footnote 3: But apparently John Baptis's new lease of life was notlong. "November 2 [1726]. John Battis, a Frenchman, his son, and 3Indians were hanged at Charlestown ferry. " Diary of Jeremiah Bumstead, _N. E. Hist. Gen. Reg. _, XV. 311. The crime was piracy. ]

And then after passing [some necessary orders] relating to [the]Execution of the Pyrates, etc. [The Court adjourned without] Day. [4]

[Footnote 4: Archer and White were executed on June 2, 1724. CottonMather ministered to them in their last days, adding, one would think, a new horror to death. The sermon he preached at them was forthwithprinted by him, _The Converted Sinner . . . A Sermon Preached in Boston, May 31, 1724, In the Hearing and at the Desire of certain Pirates_[Archer and White], _a little before their Execution, To which thereis added, A more private Conference of a Minister with them_ (Boston, 1724). With his usual insufferable vanity, he indicates that thecapture of the pirates was widely attributed to his public prayeragainst pirates on Sunday, Apr. 26: "Behold, before the week was out, there comes in a Vessel wherein" were the captive pirates. But thevictorious mutiny against the pirates occurred on Apr. 18, and withoutdisparaging Dr. Mather's influence in the councils of Heaven, it seemsdoubtful if the rising could have been caused by prayers publiclyoffered by him on the 26th. After the trial he adds: "One of the firstThings which the Pyrates, who are now so much the Terror of them thathaunt the Sea, impose on their poor Captives, is, to curse Dr. M----r. The Pyrates now strangely fallen into the Hands of Justice here, makeme the first Man, whose Visits and Counsils and Prayers they beg for. Some of them under Sentence of Death, chuse to hear from me the LastSermon they hear in the world. The Sermon is desired for Publication". _Diary of Cotton Mather_ (Mass. Hist. Soc. ), II. 722, 729. ]

_123. Bill of Robert Dobney. June 2, 1724. _[1]

[Footnote 1: Mass. Archives, vol. 63, p. 399. Dobney was a newcomer, admitted in 1715. ]

The Province of the Massachusetts Bay by Order of Edward Stanbridge isDr

1724June 2d

 To Makeing of the Chaines for John Rose archer one of the Pyrats and the hire of a man to help fix him on the Gebbet att Brid [Bird] Island[2] £12. 10

per me

ROBERT DOBNEY

[Footnote 2: "On Tuesday the 2d instant, were executed here, forPiracy, John Rose Archer, Quarter Master, aged about 27 years, andWilliam White, aged about 22 years. After their Death they wereconveyed in Boats down to an Island, where White was buried, and theQuarter Master was hung up in Irons, to be a Spectacle, and so aWarning to others. " _Boston Gazette_, June 8, 1724. Bird Island, whichhas now disappeared, was a small island in Boston harbor, lyingbetween Noddle's Island (East Boston) and Governor's Island, about amile and a half from the town. Six days after the execution, JeremiahBumstead records in his diary, "My wife and Jery and Betty [a boy of16 and a girl of 17], David Cunningham and his wife, and 6 more, wentto the castle to Governors Island, and to see the piratte in Gibbitsatt Bird Island. " _N. E. Hist. Gen. Reg. _, XV. 202. ]

_124. Bill of Edward Stanbridge. June 2, 1724. _[1]

[Footnote 1: Mass. Archives, vol. 63, p. 402. Edward Stanbridge wasthe provost marshal; see doc. No. 119. ]

June 2d The Province of the Massachusetts Bay to 1724 Edwd. Stanbridge, Dr

for Sundrys by him Expended being Marshall And by Order of A SpeciallCort of Admiralty for the Execution of John Rose Archer and WilliamWhite two Pirates, Viz. 

To the Executoner for his Service I paid him[2] £12. 00. 0

To Mr Joseph Parsons[3] for Cordage I paid his Bill £2. 17. 6

To Boat hire and Labourers to help Sett the Gibet And there attendance at the Execution and Diging the Grave for White 3. 10. 8

To Expences on the Sheriefs officers and Cunstables after the Exicution att Mrs. Mary Gilberts her Bill[4] 3. 15. 8 -------- 22. 3. 10

To Georg Mayo, Blockmaker, his Bill 1. 5. 00 -------- 23. 8. 10

 E: Excepted. [5]per EDWARD STANBRIDG. 

[Footnote 2: Apparently represented by the preceding bill, doc. No. 123. ]

[Footnote 3: One of the constables of Boston. ]

[Footnote 4: July 6, 1719, the selectmen of Boston licensed MaryGilbert to sell strong drink as an innholder at the north end of FishStreet. Boston Record Commissioners, _Reports_, XIII. 55. Thisconsiderable item represents what was necessary to restore the nervesof the provost marshal's attendants after an uncomfortable piece ofwork. ]

[Footnote 5: Errors excepted. ]

 * * * * *

_125. Petition of Nicholas Simons. May, 1725. _[1]

[Footnote 1: Manuscript room, New York Public Library. ]

To the Honourable Samuel Cranston Esqr Governour of his MajestysColony of Rhode Island etc. And the Hon'ble Assistants and the Hon'bleGenerall Assembly of the Said Colony, The Petition of Nicholas Simons Mariner Humbly Sheweth

That Whereas the Ship _John and Mary_ belonging to Boston whereofThomas Glen was late Master was Taken by Shipton a Pirate in the monthof December last in the Bay of Hondoras And the Said Nicolas Simonshaveing been aforeced[2] man for Some time on board the Said Piratewas Ordered by the said Shipton to take the Command of the Said Ship_John and Mary_ as navigator and two Pirates with him and follow theSaid Pirate--But after the Said Simmons Parted with the Pirate Shiptonhe released the men that were bound on board the Said Ship _John andMary_ and Consulted with them about the destroying the three Pirateswhich the said Simons and Barlow aforced man and Perry mate of theSaid Merchant Ship Effected And they lately carried the Said Ship intoRhod Island whereby the Owners have Recovered their Said Ship and herCargoe, [3]

[Footnote 2: A forced. ]

[Footnote 3: A vote of the general assembly in May, 1725, _Records ofthe Colony of R. I. _, IV. 361, mentions three quite other persons asclaiming to have effected the recapture. No action on Simons'spetition is noted in the records. ]

And in as much as the Said Nicholas Simons is now under a necessity toleave off his Employment of a Mariner for fear of the Sd. Pirates Andhas a new Employment to Seek for his Support he being in but lowCircumstances, He therefore most humbly prays your Honours would be pleased to takethe premisses into your most just and wise consideration and bestow ofyour Bounty upon him as in your accustomed goodness you Shall Seemeet. 

And your Peti'r as in Duty Bound Shall ever pray etc

Boston May NICHOLAS SIMONS. 1725

The above petitioner was the principle personin Resqueing the Ship out of the hands ofthe pirats, and had Incouragem't of a gratuityby this Assembly for his good Service. 

SAM'L CRANSTON Go'r

Past to the house of Deputys by order RICHD. WARD Record'r

_126. Instructions of George II. To Captains of Privateers. November30, 1739. _[1]

[Footnote 1: Opening pages of "vol. V. " (1739-1745) of the manuscriptrecords of the vice-admiralty court held at Boston. These five volumesof records are now deposited with the Suffolk Court Files. They aredescribed by Mr. John Noble in _Pubs. Col. Soc. Mass. _, VIII. 169. Asummary of all the cases in this particular volume, wrongly declaredthen to be the only one extant, is presented in the appendix to B. R. Nichols, _Argument in Peele vs. Merchants Insurance Co. _ (Boston, 1826), pp. 127-132. Various extracts are in Mr. Noble's article, pp. 170-184. War with Spain had been declared Oct. 23. Instructions toprivateers were of course issued in every war. Parts of those putforth in 1693, 1705, 1706, and 1744 are printed in F. T. Pratt, _Law ofContraband of War_ (London, 1856), pp. 264-269, 257. Others are inR. G. Marsden, _Law and Custom of the Sea_, II. 404-435. Of acts ofParliament on privateers and prizes, the latest in force at this datewas that of 9 Anne ch. 27, but a fresh act was under discussion inParliament at this date, and on Dec. 20 the royal assent was given tothe act 13 Geo. II. Ch. 4, "for the encouraging of seamen to enterinto his Majesty's service". ]

Instructions for the Commanders of such Merchant Ships and Vessells asmay have Letters of Marque or Commissions for Private Men of Waragainst the King of Spain, his Vassals and Subjects or othersInhabiting within any of His Countries, Territories or Dominions, byVertue of Our Commission Granted under the Great Seal of GreatBritain, bearing Date the Thirtieth Day of November 1739. [2] Given atour Court at St. James's the 30th Day of November 1739, in theThirteenth Year of Our Reign. 

[Footnote 2: Commission to the Lords of the Admiralty authorizing themto provide for the issue of privateering commissions or letters ofmarque; see doc. No. 127. ]

I. That it shall be Lawful for the said Commanders of Merchant Shipsand Vessells, Authorized by Letters of Marque or Commissions forPrivate Men of War, to set upon by force of arms and to subdue andtake the Men of War, Ships and other Vessells whatsoever, as also theGoods, Moneys and Merchandizes, belonging to the King of Spain, hisVassals and Subjects, and others Inhabiting within any of hisCountries, Territories or Dominions, and such other Ships, Vessellsand Goods, as are, or shall be, liable to Confiscation, pursuant tothe Treaties between Us and other Princes, States and Potentates: Butso as that no Hostility be committed, nor Prize Attacked, Seized ortaken within the Harbours of Princes and States in Amity with Us, orin their Rivers or Roads within Shott of their Cannon. 

II. That all Ships of what Nation soever carrying any Soldiers, arms, Powder, Ammunition or any other Contraband Goods, to any of theTerritories, Lands, Plantations or Countries of the King of Spainshall be seized as Prizes. 

III. That the said Commanders of such Merchant Ships and Vessellsshall bring such Ships and Goods, as they have Seized or shall soseize and take to such Port of this Our Realm of England, or someother Port of Our Dominions as shall be most convenient for them, inorder to have the same Legally Adjudged in Our High Court of Admiraltyof England, or before the Judges of such other Admiralty Courts, asshall be Lawfully authorized within Our Dominions: But if such Prizebe taken in the Mediterranean or within the Streights of Gibraltar, then the Captor may if he doth not think fit to bring the same to somePort of England, or other Our Dominions, carry such Ship and Goodsinto the Ports of such Princes or States as are in alliance or amitywith us. 

IV. That after such Ships shall be taken and brought into any Port theTaker shall be Oblig'd to bring or send, as soon as possible may be, Three or Four of the Principal of the Company (whereof the Master andthe Pilot to be always two) of every Ship so brought into Port, beforethe Judge of the Admiralty of England, or his Surrogate, or beforethe Judge of such others Admiralty Courts, within our Dominions, asshall be Lawfully Authorized as aforesaid, or such as shall beLawfully Commissioned in that behalf, to be sworn and examined uponsuch Interrogatories as shall tend to the Discovery of the Truth, [3]touching the Interest or Property of such Ship or Ships, and of theGoods and Merchandizes found therein: and the Taker shall be furtherobliged at the Time he produceth the Company to be Examin'd, to bringand deliver into the hands of the Judge of the Admiralty of England, his Surrogate, or the Judge of such other Admiralty Courts within OurDominions, as shall be Lawfully Authorized, or others Commissioned asaforesaid, all such Passes, Sea Briefs, Charter-Parties, Bills ofLading, Cockets, Letters and other Documents and Writings as shall beDelivered up, or found on board any such Ship; the said Taker or oneof his Chief Officers, who was present, and saw the said Papers andWritings Delivered up, or otherwise found on board at the time of theCapture, making Oath, That the said Papers and Writings are broughtand Delivered in as they were received or taken, without any Fraud, Addition, Subtraction or Embezilment. 

[Footnote 3: See doc. No. 183. ]

V. That all such Ships, Goods and Merchandizes taken by Vertue ofLetters of Marque or Commissions for Private Men of War, shall be keptand preserved, and no part of them shall be sold, spoiled, wasted, ordiminished, and that the Bulk thereof shall not be broken beforeJudgment be given in the High Court of Admiralty of England, or someother Court of Admiralty Lawfully Authorized in that behalf, that thesaid Ships, Goods and Merchandizes are Lawful Prize; and that noPerson or Persons, taken or Surprized in any Ship or Vessell asaforesaid, tho' known to be of the Enemy's Party, shall be in ColdBlood killed, maimed, or by Torture and Cruelty Inhumanly Treated, contrary to the Common Usage and just Permission of War: and whoevershall offend in any of the premises shall be severely punished. 

VI. That the said Commanders of such Merchant Ships and Vessells, whoshall obtain the said Letters of Marque, or Commissions, as aforesaidfor Private Men of War, shall not do or attempt anything against thetrue meaning of any article or articles, Treaty or Treaties dependingbetween Us, or any of Our Allies, touching the freedom of Commerce inthe Time of War, and the Authority of the Pass Ports or Certificatesunder a certain Form in some one of the Articles or Treaties sodepending between Us and Our Allies as aforesaid, when produced andshewn by any of the Subjects of Our said Allies, and shall not do orattempt anything against Our Loving Subjects, or the Subjects of anyPrince or State in Amity with Us, nor against their Ships, Vessells orGoods, but only against the King of Spain, his Vassals and Subjects, and others Inhabiting within His Countries, Territories or Dominions, their Ships Vessells and Goods, --except as before Excepted; andagainst such other Ships, Vessells and Goods, as are or shall beliable to Confiscation. 

VII. That after Condemnation of any Prize, it shall or may be Lawfulfor the Commanders of such Merchant Ships or Vessells or the Owners ofthe same, to keep such and so many Ships, Vessells Goods andMerchandizes as shall be Condemned to them, for Lawful Prizes, intheir own Possession, to make Sale or Dispose thereof in Open Marketor Otherwise, to their best Advantage in as ample manner as at anytime heretofore has been Accustomed in Cases of Letters of Marque, orof Just Prizes in Time of War; other than wrought Silks, Bengalls, andStuffs mixed with Silk or [Herbs] of the Manufacture of Persia, Chinaor East India, or Callicoes painted, dyed, printed or stained there, which are to be deposited for Exportation, according to the Directionsof an Act made in the Eleventh Year of the Reign, of the late KingWilliam, Entituled _An Act for the More Effectual Employing the Poorby Encouraging the Manufactures of this Kingdom_:[4] And that it shallbe Lawful for all manner of Persons as well Our Subjects as others, according to Law, to buy the said Ships, Vessells, Goods andMerchandizes, so taken and Condemned for Lawful Prize, without anyDamage or Molestation to Ensue thereupon to the said Byers, or any ofthem, by reason of the Contracting or Dealing for the same. 

[Footnote 4: 11 and 12 Will. III. Ch. 10. ]

VIII. That if any Ship or Vessell, belong'g to Us or Our Subjects, orto Our Allies or their Subjects, shall be found in Distress, by beingin fight, set upon, or taken by the Enemy, the Captain, Officers andCompany, who shall have such Letters of Marque or Commission, asaforesaid, shall use their best Endeavours to give aid and Succour toall such Ship or Ships, and shall to the utmost of their power Labourto free the same from the Enemy. 

IX. That Our Subjects and all other Persons whatsoever, who shalleither in their own persons serve, or bear any Charge or Adventure, orin any sort further or set forward the said Adventure, according tothese Articles, shall stand and be freed by vertue of the saidCommission; and that no person be in any wise reputed or challengedfor an offender, against Our Laws, but shall be freed, under OurProtection, of and from all Trouble and Vexation that might in anywise grow thereby, in the same manner as any other Our said Subjectsought to be by Law, in their Aiding or Assisting Us, either in theirown persons, or otherwise, in a Lawful War against Our declaredEnemies. 

X. That the said Commanders of such Merchant Ships and Vessells ortheir Owners or Agents before the taking out Commissions, shall giveNotice in Writing, Subscribed with their hands, to Our High Admiral ofGreat Britain, for the Time being, or Our Commissioners for Executingthe Office of Our High Admiral or the Commissioners for Executing thatOffice for the Time being, or the Lieutenant or Judge of the said HighCourt of Admiralty, or his Surrogate, of the Name of their Ship, andof the Tunnage and Burthen, and the Names of the Captain, Owners orSetters out of the said Ship, with the Number of Men, and the Names ofthe Officers in her, and for what Time they are Victualled, as also oftheir Ordnance, Furniture and Ammunition; To the End the same may beRegistered in the said Court of Admiralty. 

XI. That those Commanders of such Merchant Ships and Vessels, whoshall have such Letters of Marque or Commissions as aforesaid, shallhold and keep, and are hereby Enjoyn'd to hold and keep aCorrespondence, by all Conveniences, and upon all occasions, from Timeto Time, with Our High Admiral of Great Britain for the Time being, orOur Commissioners for Executing the Office of Our High Admiral, or theCommissioners for Executing that office for the Time being, or theirSecretary, so as from Time to Time to render and give unto him or themnot only an account and Intelligence of their Captures or Proceedingsby vertue of such their said Letters of Marque, or Commissions asaforesaid; but also of whatsoever else shall Occur unto them, or bediscovered or declared unto them, or found out by them, by Examinationof, or Conference with, any mariners or Passengers, of or in the Shipsor Vessells taken, or by any other ways or means whatsoever, touchingor concerning the designs of the Enemy, or any of their Fleets, Ships, Vessells or Parties; and of the Stations, Seas, Ports and Places andof their Intents therein; and of what Merchant Ships or Vessells ofthe Enemy, bound out or Home, as they shall hear of; and of what elseMaterial in these Cases may arrive to their knowledge, to the End suchCourse may be thereupon taken, and such Orders given as may berequisite. 

XII. That no Commander of a Merchant Ship or Vessel who shall have aLetter of Marque or Commission as aforesaid, shall presume, as theywill answer it at their Peril, to wear any Jack, Pendant or any otherEnsign or Colour, Usually born by Our Ships, but that besides theColours born Usually by Merchant Ships, they do wear a Red Jack withthe Union Jack described in the Canton at the Upper Corner thereofnear the Staff, [5] and that One third part of the whole Company ofevery such Ship or Vessel so fitted out as aforesaid shall be LandMen. 

[Footnote 5: Like the present red flag of the British merchantmarine. ]

XIII. That such Commanders of Merchant Ships and Vessels who shallObtain such Letters of Marque or Commissions, as aforesaid, shall alsofrom Time to Time, upon due Notice being given them, observe all suchother Instructions and Orders as We shall think fit to direct for thebetter carrying on of this Service. 

XIV. That all Persons who shall Violate these Instructions shall beseverely punished, and also required to make full Repairation toPersons Injured contrary to these Instructions for all Damages theyshall sustain by any Capture, Embezilment Demurrage or otherwise. 

XV. That before any such Letters of Marque or Commissions issue underSeal, Bail with Sureties shall be given before the Lieutenant andJudge of Our High Court of Admiralty of England, or his Surrogate, inthe Sum of Three thousand Pounds Sterling, if the Ship carries aboveOne hundred and fifty Men; and if a Lesser Number, in the Sum ofFifteen hundred pounds Sterling; Which Bail shall be to the Effect, and in the form following:

 Which Day, Time and Place Personally Appeared ---- Who submitting themselves to the Jurisdiction of the High Court of Admiralty of England, Obliged themselves, their Heirs, Executors and Admin'rs to Our Sovereign Lord the King, in the Sum of ---- Pounds of Lawful Money of Great Britain, to this Effect, That is to Say, Whereas ---- is Authorized by Letters of Marque, or a Commission for a Private Man of War, to Arm, Equip, and set forth to Sea, the Ship called the ---- of the burthen of about ---- Tons whereof he the said ---- goeth Captain, with Men, Ordnance, Ammunition and Victuals, to set upon by force of Arms, and to Subdue, Seize and Take the Men of War, Ships and other Vessells whatsoever together with the Goods, Monies and Merchandizes, belonging to the King of Spain, or to any of his Vassals and Subjects, or others Inhabiting within any of His Countries, Territories or Dominions whatsoever, and such other Ships, Vessels and Goods, as are or shall be liable to Confiscation, excepting only within the Harbours or Roads within Shot of the Cannon of Princes and States in Amity with His Majesty, and whereas he the said ---- has a Copy of certain Instructions Approved of and Passed by His Majesty in Council, delivered to him to Govern himself therein, as by the Tenour of the said Commission, and of the Instructions thereto relating, more at large appeareth. If therefore nothing be done by the said ---- or any of his Officers, Mariners, or Company, contrary to the true meaning of the said Instructions, but that the Commission aforesaid and the said Instructions shall in all particulars be well and truly performed and Observed as far as they shall the said Ship, Captain and Company any way concern: and if they or any of them, shall give full Satisfaction for any Damage or Injury which shall be done by them, or any of them, to any of His Majesty's Subjects or Allies or Neuters, or their Subjects: and also if the said ---- and his officers and Mariners shall duly and truly pay or cause to be paid to His Majesty, or to such Person or Persons as shall be by His Majesty Authorized to receive the Same, the Just Tenths or Tenth part, according to the due and Legal Appraizement of all such Ships and Goods as shall be by them or any of them taken or Seized, and shall be by due Course of Law Adjudged to be good and Lawful Prize: And also shall duly and truly pay or cause to be paid to His Majesty, or the Customers or Officers Appointed to receive the same for His Majesty, the Usual Customs due to His Majesty of and for all Ships and Goods so as aforesaid taken and Adjudged for Prize: And moreover if the said ---- shall not take any Ship or Vessel, or any Goods or Merchandizes belonging to the Enemy, or otherwise liable to Confiscation, thro' Consent or Clandestinely, or by Collusion, by Vertue, Colour or pretence of his said Commission; that then this Bail shall be Void and of None Effect and unless they shall so do, they do all hereby Severally Consent that Execution shall Issue forth against them, their Heirs, Executors and Administrators, Goods and Chattels, wheresoever the same shall be found, to the value of the said Sum of ---- Pounds, before mentioned. And, in Testimony of the Truth thereof they have hereunto Subscribed their names. 

 By His Majesty's Command. 

 HARRINGTON. [6]

A True Copy Exam'd per JOHN PAYNE D. Reg'r. [7]

[Footnote 6: William Stanhope, lord Harrington, afterward earl ofHarrington, was one of the two secretaries of state from 1730 to 1742, and from 1744 to 1746. ]

[Footnote 7: Deputy register of the vice-admiralty court in Boston. ]

_127. (Draft of) Warrant to Governors to issue Letters of Marque. April 26, 1740. _[1]

[Footnote 1: Public Record Office, Admiralty 1:3674. ]

By the Commissioners for executing the Office of Lord High Admiral ofGreat Britain and Ireland, etc. 

Whereas by an Act passed this present Session of Parliament(intituled, an Act for the more Effectual securing and encouraging theTrade of his Majesty's British subjects to America, and for theEncouragement of Seamen to enter into his Majesty's service)[2] it is, amongst other Things, therein enacted "That any Person or Persons inany part of America or elsewhere, by us impowered and appointed, shall, from and after the fourth Day of January, one thousand sevenhundred and thirty nine, at the Request of any British Owner or Ownersof any Ship or Vessel, giving such Bail and Security as have beenusually taken upon granting Commissions, or Letters of Marque (exceptonly for the payment of the Tenths of the Value of Prizes which shallbe taken, to the Lord High Admiral, or Commissioners for executing theOffice of Lord High Admiral for the time being) cause to be issuedforth in the usual manner, one or more Commission or Commissions, toany Person or Persons whom such Owner or Owners shall nominate to beCommander; or in case of Death, successively Commanders of such Shipor Vessel, for the attacking, surprizing, seizing and taking, by andwith such Ship or Vessel, or the Crew thereof, any Place or Fortressupon the Land, or any Ship or Vessel, Goods, Ammunition, Arms, Storesof War, or Merchandizes, belonging to or possessed by any of hisMajesty's Enemies, in any Sea, Creek, Haven, or River", [Footnote 2: 13 Geo. II. Ch. 4. ]

These are therefore to impower you, Edward Trelawny, Esquire, Governorof Jamaica, [3] and by these Presents we do impower and appoint you thesaid Edward Trelawny, Esquire, to cause to be issued forth, pursuantto the said Act, by Warrant under your Hand, and the Seal of the saidIsland, directed to the Judge of the Admiralty of the said Island ofJamaica, Commissions or Letters of Marque, at the Request of anyBritish Owner or Owners of any Ship or Vessel, to any Person orPersons whom such Owner or Owners shall nominate to be Commander; orin case of Death successively Commanders of such Ship or Vessel; andto cause such Bail and Security to be taken as is directed by the saidAct, and moreover to cause that, in granting such Commissions orLetters of Marque, all other Things be had and done conformable to, and as the said Act requires. For which this shall be your Warrant. Given under our Hands and the Seal of the Office of Admiralty this---- Day of ---- 1740. 

[Footnote 3: Governor of Jamaica from 1738 to 1752. ]

To ----

_May it please your Lordships, _

This contains a Draught of an Instrument submitted to your Lordships, as proper to be signed, and issued out to the Governors of hisMajesty's Colonies and Islands in America, prepared by me; pursuant toyour Lordships Order of the 15th of April 1740. 

E. ISHAM. [4]

April 26th 1740. 

[Footnote 4: Edmund Isham, advocate general of the Admiralty. ]

DUMARESQ VS. THE _AMSTERDAM POST_. 

_128. Record of the Admiralty Court, and Libel. July 23, August 30, 1740. _[1]

[Footnote 1: Records of the admiralty court, Boston, Suffolk CountyCourt-house, vol. V. ; see doc. No. 126, note 1. It is to be understoodthat the libel, and the other documents which follow, nos. 129-143, are to be found imbedded in the record of the case in the volumenamed, not separate. The case is interesting as showing some of thedeceptions which might be, and often were, resorted to in time of war. War existed between Great Britain and Spain; the Dutch were neutrals. Briefly, the _Amsterdam Post_ was provided with two sets of papers, one Spanish, to be used in case she were overhauled by a Spanishwar-vessel or privateer, one Dutch, to be used in case she fell intoBritish hands. Robert Auchmuty was judge of the admiralty court inBoston from 1733 to 1747. ]

At a Court of Admiralty holden at Boston before the Hono'ble RobertAuchmuty Esq. , Judge of said Court, the 30th day of August A. D. 1740. 

New Engl'd }Prov. Of the Massa's Bay } Boston, July 23, 1740. 

To the Hono'ble Robt. Auchmuty, Esqr. , Jud. Of Vice Adm'ty. 

The Libel of Philip Dumaresq, [2] Commander of the Private Man of WarSloop _Young Eagle_ of Boston, Sheweth, [Footnote 2: Philip Dumaresq, son of Elias Dumaresq, seigneur desAugrés in the island of Jersey, and of Frances de Carteret, came toBoston before 1716, and died there in 1743 or 1744. He was one of thefirst vestrymen of Trinity Church. ]

Whereas on the 23d of Octob'r last his Majesty Caused PublickProclamation to be made of an Open War with the King of Spain, requiring all his officers and Soldiers to do all Acts of Hostility inprosecution of this War against the King of Spain, his Vassals andsubjects, and afterwards on the 15th of January last the said Philip, Commander of the sloop aforesaid, and her men, being duly Commissionedwith Letters of Marque and Reprisals against the King of Spain, hisVassals and Subjects, [3] to attack, Seize, Take and make Prize oftheir Ships, Vessells and Goods, met with the Sloop the _AmsterdamPost_ about three or four Leagues off of the Grand Canary Island, standing in for Santa Crux in Teneriffe[4] in the King of SpainsDominions, Commanded by AEneas Mackay, a British Subject but made freeof Amsterdam, man'd with British Subjects and furnished with variousPapers and Evidences to make her seem to be either an English or DutchSloop, as might best suit the occasion, and upon Examination findingthat she was the Property of certain Subjects of the King of Spain orInhabitants of the Canaries within his Dominions, and by them duringthis present War sent from Teneriffe aforesd to Cork in Ireland andthere Laden with thirty nine Barrells of Beef, Forty Barr'ls ofPilchards, eighty nine BBlls of Butter, fifty four boxes of Candles, ahundred eighty nine Hides of Leather, five Bar'ls of Hatts, two Boxesof Soap and five Bar'ls of Wax for acco't of the same owners and wasthen returning directly to Teneriffe for their Supply, He the saidPhilip therefore Seized and Took the sd Sloop _Amsterdam Post_ and herCargo as a Lawfull Prize, as he Lawfully might do, Wherefore the saidPhilip Dumaresq prays the consideration of this Hono'ble Court uponthe premises properly and only in their Cognizance, that a ShortDay[5] may be assigned to Hear and pass upon this Libel and Matterstherein contained and that the said Sloop and Cargo may be Decreed anddeclared a Lawfull Prize, etc. 

JNO. READ. W. BOLLAN. [6]

[Footnote 3: The commission from Governor Belcher, Aug. 24, 1739, isprinted in [Augustus Thorndike Perkins], _A Sketch of the Family ofDumaresq_ (Albany, 1863), pp. 15-16. ]

[Footnote 4: The harbor of Santa Cruz is on the side of Teneriffetoward the Grand Canary. ]

[Footnote 5: An early date. ]

[Footnote 6: Two of the leading lawyers of the province. Read had beenattorney general and was now a member of the council. Bollan, GovernorShirley's son-in-law, was for many years agent of Massachusetts inLondon. ]

1740, July 23d, filed and allowed, and ordered that PublickNotifications be Posted upon the Sloop _Amsterdam Post_ and at theTown House, for all Persons Claiming Property in the said Sloop toAppear at a Court of Admiralty to be holden at Boston on Friday nextat 10 a Clock A. M. To Make out their Property. 

ROBERT AUCHMUTY, Judge Ad'y. 

Accordingly at the time appointed the Court was opened and the LibelRead, at which Time Collonel Wendell[7] appeared and offered somePapers to be Lodged in Court, which he rec'd from the Owners of theSloop, which the Judge refused to admit of, But told him he mightClaim the Vessell and Cargo if he wou'd do it as the Act of Parliamentrequires, which he refus'd and said he Intended to put the Bonds[8] inSuit when he had proper Powers. 

[Footnote 7: Col. Jacob Wendell (1691-1761), great-grandfather of Dr. Oliver Wendell Holmes. Born in Albany, of Dutch descent, he mightnaturally be invoked to aid Amsterdam owners. ]

[Footnote 8: _I. E. _, the bonds of the privateer; see doc. No. 126, sect. XV. ]

Publick Proclamation was then three Times Solemnly Made for allPersons claiming Property in the Sloop _Amsterdam Post_ and Cargo tomake their appearance and they shou'd be heard, but none appeared; TheCourt was then Adjourn'd to Wednesday the 13th of August next at tena Clock a. M. , and the Judge ordered notifications to be Posted up asbefore for all persons claiming property to appear if they see cause. 

The Court was opened on the 13th of August according to adjournment, and Proclamation Three Times Solemnly made for any Claimer to appear, whereupon Collo. Wendell Appeared in Court and Claim'd the said Sloopin behalf of Mr. Peter Devernet of Amsterdam, Merchant, which theJudge allow'd of upon his giving Security as the Act requires. TheCourt was then Adjourned to Wednesday morning at Seven a Clock, atwhich Time it was opened and the Libel Read, and Jacob Wendell, Esqr. , in behalf of Peter Devernet of Amsterdam, Merch't, and his son IsaacDevernet of Santa Crux, Merch't, Claimed the said Sloop's Cargo astheir Property. The Court was then adjourned to Monday the 18th Curr'tat Seven a Clock a. M. , at which Time it was Opened, when JacobWendell, Esqr. , in Open Court made oath that he verily believed thatPeter Devernet of Amsterdam, Merch't, in behalf of whom he claims thesd Vessell, was at the time of the Capture sole owner thereof, andalso that the Cargo on board said Sloop was owned by the said PeterDevernet and his son Isaac, then Resident at Santa Crux in the Islandof Teneriffe, Merch't. At the same time Collo. Wendell gave thefollowing Bail, viz. . . . 

John Rous, [9] Late Lieuten't of the Sloop _Young Eagle_, Commanded byCapt. Philip Dumaresq, being Examined upon oath before the Hono'bleRobt. Auchmuty, Esqr. , Judge of his Majestys Court of Vice Admiralty, as to the following Interrogatorys made the following answers. 

[Footnote 9: This privateer subsequently became a captain in the royalnavy. He distinguished himself in both the naval expeditions againstLouisbourg, in 1745 and in 1758. Charnock, _Biographia Navalis_, V. 412-414. See also doc. No. 160, note 1. ]

_Interro. The First. _ Was the Sloop called the _Amsterdam Post_, ÆneasMackay Master, [10] taken as a Prize, by whom, when and where?

[Footnote 10: The connection of the Scottish Mackays with Holland hasbeen long and important. Aeneas Mackay, son of the Scottish Lord Reay, entered the military service of the Dutch Republic in 1684, and roseto be general of the Scots Brigade; and for a hundred years, as longas that organization continued to exist (_The Scots Brigade inHolland_, Scottish History Society, _passim_) there was always atleast one Aeneas Mackay among its officers. In our own time BaronAeneas Mackay was prime minister of the Netherlands. This shipmasterwould be some humble member of the clan. ]

_answer. _ on the 15th day of January last this Depon't, who wasLieutenant of the Sloop _Young Eagle_ but at that Time Commanderthereof in the absence of Philip Dumaresq the Captain, about three orfour Leagues off the Grand Canary Island took the Sloop in thisInterro. Mention'd, standing in for Santa Crux in Teneriffe, and camelast from Corke, and as the Master thereof said to this Depon't wasbound to Madera, [11] but then going into one of the Canary Islands toget water, whereupon this Depon't sent his then Lieuten't on board, who Inform'd this Depon't that there was one Cask full of Water andanother runing out and that he stopt the same and afterwards theyfound water sufficient to serve them in their Passage to Madera whichwas ab't three Weeks. 

[Footnote 11: _I. E. _, to a Portuguese, neutral, port. ]

_Interro. 2d. _ What was the Lading of the Sloop _Amsterdam Post_?

_Answer. _ She was Loaded with Beef, Butter, Hatts, Shoes, Candles, Soap, Hides and some Pilchards, and for greater Certainty this Depon'treferrs himself to the Bills of Lading. 

_Interro. 3. _ Are the Papers now produced before you and now Lodged inthis Court, the Papers that were taken on Board the said Sloop as youknow, or have heard, how, and in what manner?

_a. _ This Depon't did not go on board said Sloop when taken andtherefore can't say of his own knowledge that these are the Paperstaken on board, but verily believes they are, for these Papers weresent to this Depon't by his Lieuten't from said Vessell some shortTime after she was taken, and two of the Papers, namely, an EnglishMediterranean Pass[12] and a Paper in Spanish Importing a Clearance, as this Depon't was Inform'd by his officers whom he sent on board, was found between two Bed Bottoms belonging to the Master of saidSloop, and afterwards this Depon't saw the very place where they saydthe Papers were Concealed. 

[Footnote 12: See doc. No. 141. A pass from the Admiralty, which, inaccordance with the treaties between Great Britain and the Dey ofAlgiers, English vessels entering the Mediterranean had to carry inorder to be exempt from search by the Algerine corsairs. Such a pass, of 1750, is printed in Marsden, _Law and Custom of the Sea_, II. 347-348. A full set of ships' papers seems to have consisted, at leastin Dutch practice, of a bill of health (see doc. No. 197), a sea-letteror let-pass (docs. Nos. 129, 130), a muster-roll (_rôle d'équipage_)or shipping-articles of the crew, and a clearance for the cargo. ]

_Interro. 4. _ Did you hear the sd Master of the Sloop aforesd Declarewhere he took in his aforesaid Loading?

_A. _ This Depon't at Divers times heard the said Master Acknowledgeand Declare that he took in his aforesd Loading at Corke in theKingdom of Ireland, and also that he went from Teneriffe to Corke, where he purchased sd Loading, and was to return with the sameimmediately to Teneriffe, where two of his owners were Inhabitants andone other owner an Inhabitant of Holland. 

_Interro. 5. _ What was done with the Cargo after the Vessell and Cargowas thus taken?

_A. _ All the Cargo with the Vessell was Carried into Madera and all orthe greatest part of sd Cargo was Landed there. 

_Interro. 6. _ Is the Sloop now under Seizure the same Sloop that wasthus taken?

_A. _ Yes. 

_Interro. 7. _ What became of the hands belonging to said Sloop?

_A. _ Two of them went on board the Man of War there, and two otherswent on board this sd Privateer, and the Mate was carried toGibraltar, where he heard he ran away. 

_Interro. 8. _ Do you know or have you heard what Nation those handswere of?

_A. _ The Master, Mate and one hand more he understood to be Scotch, two hands more to be Irish, one Boy belonging to London and aPortugueze or Spanish negro man. 

_Lastly_, Do you know anything further relating to sd Vessell andCargo or any other former Voyages the said Vessell had made and whereto?

_A. _ He heard the Master acknowledge he had been upwards of two yearsMaster of said Vessell, during which Time he always used the CanaryTrade, and always acknowledged his Vessell belonged to England tillthe last Voyage. 

JOHN ROUS. 

1740, August 12th. John Rous, the Subscriber to the aforegoing, madeoath to the Truth thereof Before Me. 

ROB'T AUCHMUTY, Judge Ad'y. 

Captain Rous being Sworn in Court acknowledged his Examination alreadytaken was the Truth. He also Declared there was Water enough on boardthe Sloop _Amsterdam Post_ to carry her into Madera, and actuallyserved them for that purpose, viz. Three of said Sloop's Crew and fivebelonging to the Privateer, which was one more than was on board atthe time of the Capture; That Capt. Mackay was summoned by aPortugueze officer from the Consul[13] at Captn. Dumaresqs request, asCapt. Mackay told him, to go in the Privateer Sloop to Gibraltar inorder for a Tryal; that Capt. Mackay told him he sailed from Hollandto the Canaries two years as an English Man, and that he never sailedunder Dutch Colours till the War with Spain; That Capt. Mackay toldhim that the Sloop at the time of the Capture belong'd to Mr. Devernetof Amsterdam and his two sons who lived at Teneriffe, who were allFrenchmen. That to his knowledge he never saw any of the Cargo Landedat Madera; that his Lieu't Immediately upon the Capture brought thePapers of the said Vessell to him, who having first perused themSealed them up; that some short time after the said Mackay exprest tohim his Desire, in case a certain Paper was found on board, that itwould be useless to this Depon't, and that he would have it Concealed, whereupon this Depon't asked him what the Paper was and where in theVessell it could be found, but the said Mackay would not inform him, and this desire of the said Mackays he repeated several times, and inabout two Days after there was brought to this Depon't by John Teit, who acted as Mate on board the said Prize, two Papers from on Board, viz. An English Mediterranean Pass wherein the said Master and Sloopwas named, and a Spanish Clearance as of an English Vessell, which wasfound as he said as mentioned by this Depon't in his formerExaminat'n, and afterwards the said Mackay repeated his Desire in casea certain Paper, not naming it, should be found not to show it toany--Whereupon this Depon't Informed him that he had got what he meantand shew'd him the said Pass and Clearance, and then the said Masteragain pressed him not to shew the same to the Consul. That upon hisarrival at Madera he Delivered the Papers so found and Seal'd up, together with the said Pass and Spanish Clearance, to Capt. Dumaresqin the Consul's House, that Capt. Dumaresq then delivered them to theConsul, who broke open the Seal and perused the Papers together withCapt. Dumaresq; and that he verily believes the Papers now in Courtare all the Papers he so delivered up, excepting the said Pass. 

[Footnote 13: The British consul at Funchal, Richard Baker; see docs. Nos. 140, 141. ]

The Court was then adjourn'd to the 21st of Aug't Curr't at 7 a Clocka. M. , at which time it was opened, when Michael Dumaresq being firstSworn Declar'd that his Examination already taken was the Truth. Hefurther Declared that when Capt. Dumaresq arrived at Gibraltar heheard him say he wou'd go to the Govern'r, [14] to the Admiral, [15] andto the Judge of the Admiralty, that accordingly he saw the Captain goto Sir Chaloner Ogle, who was the Admiral, and to the Governour; thathe heard Capt. Dumaresq Say the Admiral told him he believ'd theVessell would be condemn'd; and that the Person called the Judge ofAdmiralty at Gibraltar, upon Capt. Dumaresq application to him for aTryal, told him he had no Commission or Instructions to Try anyCapture but expected the same from England every Day; That upon thearrival of the Sloop _Amsterdam Post_ at Madera there was an officerput on board her from the Provedore[16] and Judge of the Poor, that heremain'd on Board till other officers came on Board and unladed theVessell and that Capt. Dumaresq paid the officer two Bitts[17] a Dayand his Victuals during his Stay on Board. 

[Footnote 14: Lieut. -Gen. William Hargrave. ]

[Footnote 15: Rear-Adm. Sir Chaloner Ogle, afterward distinguished inthe Cartagena expedition, and admiral of the fleet. See doc. No. 117, note 14. ]

[Footnote 16: Superintendent. ]

[Footnote 17: Two reals, or a quarter of a dollar. ]

Abraham Martin, being Sworn in Court, Declared that his Examinationalready taken was true. The Court was then adjourn'd to Saterday the23d Curr't at half an hour past 2 a Clock p. M. , at which time it wasopen'd and several Papers were produc'd and Read in Court, which areas follows, viz. 

_129. Sea-letter of the Amsterdam Post. September 22, 1739 (N. S. ). _

To all Potent Kings, Queens, Princes, Princesses, Dukes, Lords, etc. , who may see this open Letter or may hear it Read, We Magistrates andRulers of the City of Amsterdam Declare that Æneas Mackay of Amsterdamappeared before us and on Oath Solemnly Declares, That the Vessellnamed the _Amsterdam Post_, burthen about Twenty Lasts, [1] of which heis Master, belongs to a House in this Province, and that no ForeignEnemy has any part in her Directly or Indirectly, as he hopes toanswer it to Almighty God, and as We are Desirous that theaforementioned Master should follow his Lawfull Calling, it is ourDesire of all whom it may concern that the aforementioned Capt'n withhis Sloop and Lading may be well received and treated handsomely, andhave Liberty to proceed to and from any Port he may chuse, in a LawfulTrade, Which We desire and are willing he should do, and have causedthis City Seal to be hereunto affixt. This Done the 22d of Sept'r, Ao. 1739. 

P. DE LA COURT. 

[Footnote 1: A last was two tons. ]

By the Lords of the Admiralty No. 5649. HARTUNCK. [2]

[Footnote 2: Copyist's or translator's error for Hartsinck. Jan JacobHartsinck, afterward president of the Dutch West India Company, wasfrom 1724 to 1762 clerk of the Admiralty of Amsterdam. Elias, _DeVroedschap van Amsterdam_, II. 910. The Dutch Republic had five navyboards, of which the Admiralty of Amsterdam was the most important. ]

The required Oath is taken in the Passport Sept. 23d 1739. 

_130. Let-pass of the Amsterdam Post. September 23, 1739 (N. S. ). _

Lett Pass the Sloop _Amsterdam Post_, Æneas Mackay Master, with hisPassengers, Goods and Merchandizes, without Lett, Hindrance, Searchingor Molestation, it appearing to us by good Witnesses that the saidSloop belongs to One under the State of the Netherlands. Given underour Hand and Seal at the Admiralty in Amsterdam this Twenty third Dayof Septemb'r In the Year of Our Lord one thousand seven hundred andthirty nine. 

P. FECLELOOT. [?]

To all Persons whom this may Concern. Per order of the Lords of the Admiralty. A. BACKER Jan'ry. 

_131. Tonnage Certificate of the Amsterdam Post. September 24, 1739(N. S. ). _

We, underwritten, ordered by the Lords of the Admiralty of Amsterdamto Tax and Visit the Vessells that go to Sea from Texell, [1] Declareby this That Æneas Mackay of Amsterdam, Master of the Sloop _AmsterdamPost_, has given us the length of his Sloop, being within Board 50-1/2feet, Breadth 15-3/4, feet in the Hold 8 feet, and twelve years old, and We Tax her to be Twenty Lasts. Visited her in Amsterdam, Septemb'rthe 24th, 1739. 

PIETER KANSEBOOM. 

[Footnote 1: The island and passage where Amsterdam vessels made theirfinal exit from the Zuyder Zee into the North Sea. ]

The Last Money[2] paid April 13th 1739. 

P. HENKES. WM. CAMPER. 

[Footnote 2: Tonnage dues. ]

_132. Aeneas Mackay's Oath as a Burgher of Amsterdam. September 16, 1739 (N. S. ). _

You do swear that you will be a good and faithfull Porter[1] of thisCity and will be obedient to such Rulers, as shall from time to timebe appointed, in this Place, in watching and discovering all attemptsthat may be made against the Rulers or People of this Place, and thatyou will at all Times Exert yourself in the defence of this City, anddo all that becomes a good and honest Porter in Discovering anyDesigns. So Help you God. 

[Footnote 1: Dutch _poorter_, burgher. ]

Æneas Mackay of London, Captain, has taken the above Oath and theLords Thesaurieren[2] have received the Porter money. Dated inAmsterdam, Sept'r 16, 1739. 

JOAN THIERRY. [3]

[Footnote 2: Treasurers. ]

[Footnote 3: Secretary of Amsterdam from 1717 to 1771. Elias, _Vroedschap_, II. 572. ]

_133. Lease to Aeneas Mackay. October 2, 1739 (N. S. ). _

On the Second of Octob'r 1739 Thomas Hall Lett a Chamber to Capt. Æneas Mackay, whom also acknowledged to have hired the same, in hisHouse at the Sign of the Bible in New Bridge Street, [1] For one yearcertain, and went into the same the third Instant, at Fifty Gilders tobe paid every year, and in case no one appears in Octo. 1740 then Weagree that it shall be in the Power of the Letter, [2] to lett the sameto any other Person, and they may View the same. We have each boundourselves according to the Custom of this Place. In Testimony of theTruth We have each bound ourselves to Each other in those Bonds. 

[Footnote 1: Nieuwebrugsteeg, still so called, in the northwest partof old Amsterdam. The "new bridge", to which it led from the eastward, dated from at least 1421. ]

[Footnote 2: Lessor. ]

Dated as above 1739. 

THOS. HALL. 

_134. Certificates of Master and Mate and Register. October 8, 1739(N. S. ). _

We the underwritten, Master and Mate, Designing by God's help toproceed on a Voyage to the Canaries per the _Amsterdam Post_, attestand here Declare That We have no other Goods in our Sloop, nor anyWares or Merchandize whatsoever, according to the best of ourknowledge, than only such as appears by the Manifest which We haveDelivered to this office to be Inspected into, and that according toour knowledge there has been no fraud committed, nor any of our Goodswere taken in, till first the Lawfull Dutys were paid, and We furtherDeclare that the Goods We have now given an acco't of is a true andJust acco't, and that we will not receive any more on Board, unlessthe Persons bring their Passport from this office[1] that they havepaid the Dutys, to which have hereunto Signed our Hands October 8th, 1739. 

ÆNEAS MACKAY. GEORGE JANSE. 

[Footnote 1: _I. E. _, the register's office at the Texel. ]

We the underwritten, Commissioners of the Registers office, Attest anddeclare that We have Visited the Sloop of Æneas Mackay and the GoodsLaden on Board her, and find that the Goods all agree with theManifest they gave in of the same, and We do acquit the above writtenCapt'n and Mate, by Declaring the acco't they have given in and whichthey have signed to be true and Just. Done at Texell the Date and Yearabove. 

J. TUNING. 

Mr. John Wendell, Jun'r, [2] who Translated the several Dutch Papers inthe Case, made oath that he had Translated the same according to hisbest skill and Judgement. 

[Footnote 2: Nephew of Col. Jacob Wendell and, like him, a Bostonmerchant born of a Dutch family in Albany. ]

_135. Extract from Capt. Mackay's Journal. [1] November 14, 1739. _

[Footnote 1: The heading which the document bears in the admiraltycourt records. --It is a sign of Captain Mackay's imperfect Dutchnessthat he keeps his journal by old-style or English dates, not by thenew-style dates which had since 1583 been customary in Holland; for(see the next document) Thursday, Nov. 15, 1739, was Nov. 15, O. S. ]

At two yesterday afternoon We see Cape Clear and the fastnie[2]bearing of us n. E. About two Leagues, at 4 Do. It bore of usN. E. B. E. [3] about 5 Leagues. Tacked and stood to the Eastward. We layup S. E. B. E. Till 8 in the Evening, from 8 to 12 m. N. E. S. E. We had avery hard Gale at S. With a very great Sea. At half an hour past threethis morning a sea broke over us and carry'd away our Boom andMainsail. We layed the Helm to Lee and kept to w't the Jib but theGale increasing We Try'd Hull to. At 5 in the morning the Breakersseemed close under our Lee and ahead. We hoisted the Jib to try ifpossible to clear the Danger, but our Endeavours were fruitless, theJib gave way so that We had no Sail left but the Fore Sail, andnothing appeared in our View but Unavoidable Death. We had theBreakers on each side and an Opening seemed to be ahead. We bore upfor it and drop't an anchor, which did not hold, the Rocks andBreakers being all round us and the Night excessive Dark added Dreadto the Terrours of Death, But the Mercifull God opened a Door ofSafety for us when We were in the utmost Distress, for as We weregoing Right in among the Rocks We see a small opening on the Larboardhand. We hoisted the Fore Sail and Cut the Cable and Looft[4] into theOpening and were Immediately aground in a very smooth sandy Cove. Atseven in the Morning when it cleared for Day We see some People on theShore. We got the Boat out and brought two of them on Board. Theydirected Me to Apply to one Col. Townsend of Castle Haven, [5] whichis four Miles from Finis Cove, [6] the Place where We are on Shore, etc. 

[Footnote 2: Cape Clear and the Fastnet Rock form the southernmostextremity of Ireland. ]

[Footnote 3: Northeast by east. ]

[Footnote 4: Luffed. ]

[Footnote 5: The Townshends were the leading people of Castlehaven, living at Castletownshend, from Cromwell's time to ours. This was Col. Richard Townshend. Richard and Dorothea Townshend, _An Officer of theLong Parliament and his Descendants_, pp. 150-151, with portrait. ]

[Footnote 6: Between Castlehaven and Baltimore, and four miles southof Skibbereen. The rocky coast in just this region inspired Swift'sonce celebrated poem, _Carberiae Rupes_ (1723). ]

_136. Protest of Capt. Mackay. November 15, 1739. _

To all Christian People unto whom this Publick Instrum't of Protestdoth come or may Concern, Be it known and Manifest that this Day therecame and Personally appeared before me, Thomas Lucas, Gent'm, Notaryand Tabellion Publick in and throughout the Kingdom of Ireland byRegal Authority, Lawfully Admitted and sworn at Skibbereen[1] in theCounty of Cork and Kingdom aforesd, George Johnston, Mate, JosephHall, Boatswain, William Cromie, Mariner, belonging to the good Shipor Vessell called the _Amsterdam Post_, burthen Forty Tuns, whereofÆneas Mackay is Master, and Voluntary made oath on the Holy EvangelistThat on the Twenty eighth Day of Octo. Last they sailed with saidVessell from the Canaries bound to Corke, and met with very badWeather on their Voyage; that on Thursday the Fifteenth of this Inst. Novemb'r, [2] ab't three of the Clock in the Morning, the Weather beingvery desperate, they lost their Main Boom and anchor and one third ofa Cable of[f] the Stage of Castle Haven, and all the Sails muchDamaged; and that about five of the Clock in the morning the Vessellwas stranded at Finins Cove near Castle Haven Harbour, where theVessell now lyes; that by the Violence of the Weather they have reasonto Suspect they have Received great Damage. Wherefore the Notary, atthe Special Instance and Request of Æneas Mackay, Master, GeorgeJohnston, Mate, Joseph Hall, Boatswain, and Wm. Cromie, Mariner, haveProtested, as by these Presents I Do Protest against the Seas andWinds for all Losses, Damages, Prejudices or hindrances whatsoeverknown or as yet unknown which the Ship or Vessell, or the Owners, Freighters or Insurers, or any other Person or Persons has Sustain'dor Received or hereafter may Sustain or receive. In Testimony of whichI the Notary aforesaid have hereunto sett my Hand and Seal of Officethis Fifteenth Day of November One thousand seven hundred and Thirtynine. 

ÆNEAS MACKAY. THOS. LUCAS, GEORGE JOHNSTON. Notar. Public. JOSEPH HALL. WILLIAM CROMIE. 

[Footnote 1: "Skibbereen is a small market town, where the Collector, Surveyor, and other Officers of the port of Baltimore reside", (_i. E. _, since the destruction of Baltimore by the Barbary corsairs in1631). Ch. Smith, _Antient and Present State of the County and City ofCork_ (Dublin, 1750), I. 280. Hence Mackay would go there to make thisdeclaration of damage by storm, called in maritime law a protest. ]

[Footnote 2: See doc. No. 135, note 1. ]

_137. Extract from Capt. Mackay's Journal. November 16, 1739. _[1]

[Footnote 1: The heading which the document bears in the admiraltycourt records. ]

From Yesterday at 6 in the Evening to this Morning at 8 a Clock I havebeen in continual Dread by reason of some Shabby Gent'n who staid onBoard at Night and frequently seem'd to hint Concerning Money, ofwhich I had indeed a large quantity but pleaded Poverty to them, butto my great Surprize at One in the Morning I found my own PeopleDeserting of Me and had already sent one Chest on Shore, thereupon Iimmediately threatnd to Kill the first that would attempt to leave Mein that Distress. Fear kept them Aboard. 

_138. Certificate of Clearance. December 4, 1739. _

PORT CORK, Know Ye, That Will'm Winthrop[1] enter'd on the _Amsterdam Post_ ofAmsterdam, Æneas Mackay Master, for Madera, Sixty Bar'ls Beef, [2] Onehundred and ten F'kins cont[aining] Fifty seven hundred wt Butter, Seventy Boxes cont[aining] Thirty five hundred wt Candles, One hundredeighty Tann'd Hides and Forty Ters[3] Pilchers. Custom paid. Witnessour Hands and Seals of Office the 4th of Decemb'r 1739. 

RICH'D FENTON, Coll. 

WILL. DOBBIN, Dep'y [Cudr?] and Coll'r. 

Endorsed 1739 Xbr[4] 7th Exam'd per Ben Roberts, Ld. Wt. , [5]

Cove Dec'r 11, 1739 Exam'd per Rich'd Toler, [Scr. ][6]

[Footnote 1: Sheriff of the city of Cork in 1741, mayor in 1744. Hewas descended from an uncle of Governor John Winthrop. ]

[Footnote 2: "For packing, salting, and barreling beef, this citygives place to no other in Europe. " Exports in 1743, 86951 barrels ofbeef, and similar amounts of butter, hides, and tallow. It was a placeof 70, 000 inhabitants, and the customs revenues were £50, 000. Smith, _Cork_, I. 412, 410, 407. ]

[Footnote 3: Tierces; the libel (doc. No. 128) says forty barrels. ]

[Footnote 4: December. ]

[Footnote 5: Landwaiter. ]

[Footnote 6: Qu. Sur. , for surveyor?]

_139. Declarations of Sailors. 1740. _

I Do Declare that I am a Servant to the Captain of the Sloop_Amsterdam_ and has been about Twenty Months, and in the Mean time hasbeen four Voyages betwixt Canaries and Amsterdam, and the last VoyageWe went to Cork and from thence I always thought We was going toTeneriffe, hearing all our Men Say the was Shipped for that Place, andam willing to give my oath if occasion. As Witness my Hand

WILLIAM YOUNGER. 

I Do Declare that I was Shipped in the City of Corke by Capt. AeneasMackay in the Sloop _Amsterdam Packett_, bound to Teneriffe and fromthence if the Captain thought proper to Cork and Amsterdam, and toreceive Thirty three shillings per month Irish Money, which I willgive my oath if occasion, which I have here sett my Hand. 

 hisDARBY [wavy line] SHE. Mark

I Do declare that I was Shipt by Capt. Æneas Mackay in the Sloop_Amsterdam_ to the Island of Teneriffe and to receive fourteen Gildersper month. We proceed[ed] our Voyage, but before We Sailed from thencehe told us he was bound to Cork, which I consented to go with him, andat our Departure from Corke he told us he was bound again toTeneriffe, St. Cruize, where We came from, which if occasion I willgive my Oath and has sett my Hand. 

 his markJOHN [X] GORDING. 

_140. Certificate of British Consul in Madeira. March 9, 1740(N. S. )_[1]

[Footnote 1: It is to be presumed that all these documents originatingin the Madeira or Canary Islands are dated according to new style. ]

These are to Certify all whom it may Concern that upon the arrival ofthe Sloop _Amsterdam Post_ at this Island the Judge of the Poorapplyed to Capt. Philip Dumaresq to have her Unloaded, there being noSalt Beef in the Place at that Time for Sale, to which the saidDumaresq answer'd that he could not consent to it till it was firstCondemn'd by some English Admiral as good Prize, upon which the saidJudge Applyed to the officers of the Chamber at their respectiveHouses and came back and told him that he should be obliged to itwhether he wou'd or no, for that the Island was in great want thereof, and that he would give him a Certificate that they forced him to it, but to this day the said Dumaresq has not been able to obtain it, notwithstanding the said Judge has in my hearing several Timespromised to give it to him. 

As Witness my Hand in Funchal, Island of Madera, 9th March 1740. 

RICHARD BAKER, Consul. 

_141. Receipt for Mediterranean Pass. May 29, 1740 (N. S. ). _

Receiv'd from Capt. Philip Dumaresq Command[er] of the Private Man ofWar Sloop _Young Eagle_, a Mediterranean Pass No. 2533, [1] Granted bythe Hono'ble the Commissioners of the Admiralty of Great Britain theEleventh Day of July, One thousand seven hundred and thirty eight, toÆneas Mackay, then Master of the Sloop _Amsterdam Post_, now taken asPrize by the abovesd Capt. Ph. Dumaresq. In Witness hereof I haveSigned two Receipts, both of this tenour and Date, in the Island ofMadera, the 29th May, 1740. 

RICHARD BAKER, Consul. 

[Footnote 1: See doc. No. 128, note 12. ]

The Claimant in Court acknowledged the Certificate signed by theConsul touching the Delivery of the English Mediterranean Pass to himby Capt. Dumaresq to be the proper hand writing of Richard Baker, Esq. , Consul at Madera, as also the Certificate of the Judge of thePoor's obliging Capt. Dumaresq to Unload. 

_142. Certificate of British-Dutch Vice-Consul in Teneriffe. April 26, 1740 (N. S. ). _

I Certify and avouch to all Gent. Whom these Present may concern, ThatDon Peter Dufourd, Vice-Consul General for the French and BritannickNations, [1] Appeared before Me, as also Don John Delake, JohnWhitefield and Don Issario Antonio Samer, Merch'ts residing in thisPort, who say that the Sloop called the _Amsterdam Packett_, whereofCapt. Aeneas Mackay is Commander, has usually come to this Port; andthat the said Sloop arrived here under Dutch [Colours] the 27 ofOctober the year last past, 1739, and that the said Sloop sailed againfor Amsterdam, consigned to the Divernetts, and that the said Sloopwore Dutch Colours, during the time she lay at anchor in this Road, and that said Sloop Sailed and Returned on her Voyage out of this Portunder Dutch Colours; and that the said Æneas Mackay brought with himhis Dutch Clearance and Passport, and that he the said Mackay is aResident and Dweller in Amsterdam; and that the Cargo which he hadbrought and now did bring, did actually belong to Merch'ts in HollandCorresponding with the aforementioned Divernetts herein expressed, andthat the aforesaid Don Peter Dufourd, as Vice-Consul General, did passthe Usual Visit of Health in the aforegoing Voyage; and that he[2]brought his Dutch Journal, which was set down in his Book as aDutchman, and for this purpose he[3] holds his Vice-Consulship as wellas being Employed Vice-Consul for the Dutch; and further saith that hethe said Dufourd had been in Company with Isaac Divernett in the Houseof Don Arnold Vansteinfortt, [4] Consul General for the Dutch in theseIslands, when the said Æneas Mackay shewed him his Papers, as he wasConsul for that Nation, Manifesting his being Naturalized inAmsterdam, and for this reason he brought a Dutch Passport and WoreDutch Colours; the Truth of which he declares before God, no personbeing able to say to the contrary, it being a Publick and known Truth, of what has been Declared, Signed by these Presents with the aforesdVice Consul Gen'l and the afore mentioned Merch'ts of this Port ofSanta Crux of Teneriffe, the 26th Day of April 1740. PETER DUFOURD, Vice Consul General, JOHN WHITEFIELD, ISSARIO ANTONIO SAMER, JOHNDELAKE, JOSEPH VRANES [Vianes][5] of Salas, Publick Scrivener. 

[Footnote 1: And also for the Dutch Republic; see below. George Glas, in the "Description of the Canary Islands" appended to his translationof Juan Abreu de Galindo, _History of the Discovery and Conquest ofthe Canary Islands_ (London, 1764), says that the British and Dutchconsuls were the only Protestants allowed to dwell in the islands. Santa Cruz was the centre for the foreign trade, and the governorresided there, on Teneriffe, though the bishop and the courts were atPalmas, on the Grand Canary. ]

[Footnote 2: Mackay. ]

[Footnote 3: Dusourd. ]

[Footnote 4: See doc. No. 165, note 11. ]

[Footnote 5: See _ibid. _]

Compared with the Original before Me which is in my Power and office, and this I remit as a true Copy, the Day and Year aforementioned. InTestimony of the Truth, JOSEPH VRANES of Salas, Publick Scrivener. 

We do Declare and Avouch that Joseph Vranes, who has attested thisCopy, is Publick Scrivener, and that full Faith is and ought to begiven to all his Instruments of Writing and Dispatches, both here andabroad. Wherefore We have Signed this in Santa Crux of Teneriffe, the29th of April, 1740. 

 JOSEPH PADILLA, JOSEPH ANTONIO SANCHES. Apostollick Notary. FRANCISCO DELGADA. 

_143. Sentence of Admiralty Judge. September 1, 1740. _[1]

[Footnote 1: Court proceedings here resumed, after insertion ofdocuments in the record. ]

Capt. Dixon, who Translated the Several Spanish Papers aforewritten, made Oath in Court that he had Translated them according to the bestof his Skill and Judgment. 

The Court was then Adjourn'd to the 25th Curr't at 8 a Clock A. M. , atwhich Time it was Opened and both Parties fully heard by theiradvocates, after which the Court was Adjourn'd to the Thirtieth Curr'tat 10 a Clock a. M. , at which Time the Judge Decreed the Vessell andCargo a Lawfull Prize, and on the first of September followingdelivered his Reasons for Adjudication in Open Court, which is asfollows, viz. 

I have duly Considered the Preparatory Examinations and all the Papersand Writings which were Sworn to be found and taken in and with theCapture (a Mediterranean Pass excepted) and also the Depositions givenin Open Court, and likewise with great Deliberation weighed theArguments of the Advocates, as well on the part of the Captor as onthe part of the Claimant, and it appears to Me that the Sloop Libelledagainst was a British Bottom, Navigated by British Subjects, and thatthe Master thereof, Æneas Mackay, on the 11th of July, 1738, hadGranted to him for said Sloop by the Right Hono'ble the LordsCommissioners for Executing the Office of Lord High Admiral of GreatBritain a Mediterranean Pass No. 2533, which was found on board thesaid Sloop at the Time of the Capture. It also appears to Me that thesaid Master, on the 16th Septr. , 1739, by the Name of Æneas Mackay ofLondon, Captain, took the usual Oath of a Porter of the City ofAmsterdam; that on the 22d of said Month the said Master before theMagistrates and Rulers of that City made oath that the Vessellaforesd. , of which he was then Master, belonged to a House in thatProvince and afterwards the said Vessell in Holland as to herClearing, Passport, Visiting, Taxing, etc. , was Treated as a DutchBottom; that on the 2d of Octobr. Following the said Master hired aChamber in Amsterdam _for one year_, But in case no one appeared inOctober following then it should be in the power of the Lessor to Lettthe same to another, and he Enter'd the Day following, and shortlyafter sailed in said Vessell to Teneriffe, from whence in a few Dayshe and his hands, British Subjects, and after the Proclamation of War, with Two Passes, viz. The said Mediterranean Pass and a Dutch Pass, sailed to Cork in the Kingdom of Ireland, having a Great quantity ofMoney, as appears by his Journal; there he purchases a Loading, Chiefly Provisions, Clears out for the Maderas, and accordingly hadone Sett of Bills of Lading for that Port, to be delivered to WilliamCallanach or to his assigns, who to Me appears to be a fictitiousPerson, and one other Sett of Bills of Lading for said Cargo to beDeliverd at the Port of C----[2] unto Divernett Freres, who plainlyappeard to me then to be two Merch'ts Settled Inhabit'ts at Teneriffe, one of them since dead, the other there still Inhabiting; that on the15th of January, 1739, the said Vessell was taken, as set forth in theLibel, with the said Papers and the Books of Acco'ts of the saidMaster, and by which acco'ts it turns out to my Satisfaction if thosetwo Brothers the Devernets were not solely Owners they werePrincipally so. It further appears that the reason assigned by theMaster, when taken, of being so near Teneriffe and setting in for thatPort was for Water, when in Truth it's in Proof they were Letting outtheir Water Secretly, and after Stopt by the Captors there was Waterfor one hand more than the Crew belonging to the Sloop for threeWeeks, which carried them into Madera, and if the Say of some of theSailors is to be Credited they were Shipped at Corke for Teneriffe;and all this to Demonstration Shews which of those two Setts of Billsof Lading must be understood to be Real. It also appears in Proof, certifyed under the hand of the British Consul at Madera (whose namethereto subscrib'd is owned by the Claimant to be of his properhandwriting), that the said Cargo was there by force Unloaded, byMeans Whereof not brought with the Vessell to this Port, So that infine here is a British Master endeavouring to Commence Dutchman, aBritish Vessell with two Passes, British and Dutch, and to beoccasionally[3] either a British or Dutch Bottom Navigated by BritishSubjects in time of War with Spain, Sails from Teneriffe with Money toCork in Ireland, there purchases a Cargo of Provisions bound directlyback to our Enemies, makes a false Clearance as if bound to Madera, has two Setts of Bill of Lading, the One which is Real to Deliver theCargo at a Port part of the Dominions of a Prince in Enmity with us, and to Persons there Inhabiting who appear to be altogether orPrincipally owners, Carrying the King's Subjects to Enemies, wherebythey by Menaces or Corruption or both may be drawn from theirAllegiance, and happily is thus taken, and to have it a Questionwhether it's a Lawfull Capture or not is somewhat Extraordinary, formy part till I am better Informed from Home I shall never Ballance inCases so Wickedly Contrived and contrary to the Conduct of plainTrading and Simple Honesty, But in Justice to my King and Countryalways Condemn, and if this Mackay was in Court, notwithstanding allhis Subtlety and Double Dealing and his pretended NaturalizationCertifyed from Teneriffe, as in the Case, I should order him inCustody till delivered up to the Government. Therefore on the whole IAdjudge and Condemn the Vessell and Cargo Libelled against as aLawfull Prize, Entirely to belong to and be Divided between and amongthe Owners of the Sloop that Seized and Took her as aforesaid, and theseveral Persons which were on Board the same, in such Shares andProportions as were agreed on with the Owners aforesd. And the personsthus entituled thereto by virtue of such agreement among themselves. And as to the Objection that the Cargo is not brought in the Vessell, the Manner of it's being forced from the Captor is Certified, and thatthis Court may notwithstanding proceed to Condemnation is not only thepractice of the Court, but so known in the Kings Court, as in theCases the King v. Broom, Brown and Burton v. Francklyn. [4]

ROB'T. AUCHMUTY, Judge Ad'y. 

Examd per JOHN PAYNE, D. Reg'r. 

[Footnote 2: Santa Cruz?]

[Footnote 3: _I. E. _, according to occasion. ]

[Footnote 4: Rex _vs. _ Broom or Brome is in Comberbach's _Reports_(1724), p. 444 (King's Bench, Trinity term, 9 Will. III. ) and, morefully, in Carthew's _Reports_ (1728), p. 398, and 12 _Modern Reports_135. Broom, master of a ship of the Royal African Company, captured aFrench ship off the Guinea coast, sold ship and goods at Barbados, andkept the proceeds. Franklyn, the king's proctor, exhibited a libelagainst him in the High Court of Admiralty, for embezzlement of theadmiralty perquisites belonging to the king. After sentence, Broommoved the King's Bench for a prohibition, to transfer the case to thatcourt, but the prohibition was refused. The case of Brown and Burton_vs. _ Franklyn (Hilary term, 10 Will. III. ) was similar. Brown andBurton were masters of two ships of the East India Company, who hadtaken a rich French prize at the island of Johanna (see doc. No. 58, note 3) and taken the goods for themselves and left the ship there, without going to the trouble of having it properly condemned as prize. The case is reported in Carthew, p. 474. ]

THE _REVENGE_. 

_144. Commission of Capt. Benjamin Norton as a Privateer. June 2, 1741. _[1]

[Footnote 1: Massachusetts Historical Society, in a collection ofpapers, to which several of the subsequent documents belong, presentedto the society by the late Professor Charles Eliot Norton, great-grandson of Captain Benjamin Norton. This commission, or letterof marque, may be compared with one of 1782 (New York, loyalist), inAnthony Stokes, _View of the Constitution of the British Colonies_, pp. 340-347, and with the Portuguese letter of marque in doc. No. 14. This Benjamin Norton may have been a son of the one who figures indoc. No. 118. ]

Richard Ward Esq Governour and Commander in Chief in and over hisMajesty's Colony of Rhode Island and Providence Plantations in NewEngland. 

To all Persons, to whom these Presents shall come, Greeting. 

Whereas his most Sacred Majesty George the Second by the Grace of Godof Great Britain, France, and Ireland King, Defender of the Faithetc. , hath been pleased by his Declaration of the nineteenth Day ofOctober, in the year of our Lord One Thousand seven hundred Thirty andnine, for the Reasons therein contained, to declare War against Spain, And has given Orders for the granting Commissions to any of his lovingSubjects, or others that shall be deemed fitly qualified in thatBehalf, for the apprehending, seizing and taking the Ships, Vesselsand Goods belonging to Spain, or the Vassals and Subjects of the Kingof Spain, or others inhabiting within any of his Countries, Territories, and Dominions, and such other Ships, Vessels and Goods, as are or shall be liable to Confiscation Pursuant to the respectiveTreaties between his Majesty and other Princes, States and Potentates, and to bring the same to Judgment in the High Court of Admiralty inEngland, or such other Court of Admiralty as shall be lawfullyauthorized for Proceedings and Adjudication, and Condemnation to bethereupon had according to the Course of Admiralty and Laws ofNations, And Whereas Benjamin Norton Mariner and John Freebody Merchant both ofNewport in the Colony aforesd. Have equipped, furnished, andvictualled a Sloop called the _Revenge_ of the Burthen of about Onehundred and Fifteen Tons, whereof the said Benjamin Norton isCommander who hath given Bond with sufficient Sureties, Know Ye therefore That I do by these Presents, grant Commission to, and do license and authorize the said Benjamin Norton to set forth inHostile manner the said Sloop called the _Revenge_ under his ownCommand, And therewith by Force of Arms (for the Space of Twelvemonths from the Date hereof, If the war shall so long continue) toapprehend, seize and take the Ships, Vessels and Goods belonging toSpain, or the Vassals and Subjects of the King of Spain, or othersinhabiting within any of his Countries, Territories or Dominions, andsuch other Ships, Vessels and Goods, as are or shall be liable toConfiscation Pursuant to the respective Treaties between his Majestyand other Princes, States and Potentates, and to bring the Same tosuch Port as shall be most convenient, In order to have them legallyadjudged in such Court of Admiralty as shall be lawfully authorizedwithin his Majesty's Dominions, which being condemned, It shall andmay be lawful for the said Benjamin Norton to sell and dispose of suchShips, Vessels and Goods so adjudged and condemned in such Sort andmanner as by the Course of Admiralty hath been accustomed (Except insuch Cases where it is otherwise directed by his Instructions[2])Provided always That the said Benjamin Norton keep an exact Journal ofhis Proceedings, and therein particularly take notice of all Prizesthat shall be taken by Him, the Nature of such Prizes, the Times andPlaces of their being taken, and the Value of Them as near as He canjudge: As also of the Station, Motion and Strength of the enemy, aswell as He or his Mariners can discover or find out by Examination of, or Conference with any Mariners or Passengers in any Ship or Vessel byHim taken, or by any other Ways or Means whatsoever, touching orconcerning the Enemy, or any of their Fleets, Ships, Vessels orParties, and of what else material in these Cases that may come to hisor their Knowledge, of All which He shall from Time to Time as Heshall have an Oportunity, transmit and give an Account unto me (orsuch Commander of any of his Majesty's Ships of War as He shall firstmeet with). And further Provided that nothing be done by the saidBenjamin Norton or any of his officers, mariners and Company contraryto the true meaning of the aforesaid Instructions, But that the saidInstructions shall be by Them, as far as They or any of Them aretherein concerned, in all Particulars well and duly observed andperformed, And I do beseech and request all Kings, Princes, Potentates, Estates and Republicks being his Majesty's Friends andAllies, and all others to whom it shall appertain to give the saidBenjamin Norton all Aid, Assistance and Succour in their Ports, withhis said Sloop and Company and Prizes without doing, or suffering tobe done to Him any Wrong, Trouble or Hindrance, His Majesty offeringto do the like, when by Any of Them thereto desired, Requestinglikewise of All his Majesty's officers whatsoever to give Him Succourand Assistance as Occasion shall require. 

[Footnote 2: See doc. No. 126. ]

Given under my Hand, and the Seal of said Colony, at Newport aforesaidthe Second Day of June Anno Dm. 1741, and in the Fourteenth year ofhis said Majesty's Reign. 

RICHARD WARD. [3]

[Footnote 3: Governor 1740-1743. ]

Sealed with the Seal of said Colonyby Order of His Honour the Governour JAS. MARTIN, Secry. 

Colony of Rhode Island etc. Newport 6th November 1741

The above and foregoing is a true Copy of the Commission granted Capt. Benjamin Norton for the Sloop _Revenge_ on a Cruise against theSpaniards etc. As the Same stands recorded in my office in the BookNo. 4, Fo. 544 and 545. 

Teste JAS. MARTIN, Not. Pub. 

_145. Journal of the Sloop Revenge. June 5-October 5, 1741. _[1]

[Footnote 1: Massachusetts Historical Society. This journal, parts ofwhich were Published by Professor Norton in the _Atlantic Monthly_ forSeptember and October, 1861 (VIII. 353-359, 417-424) was kept by PeterVezian, captain's quartermaster (there were two quartermasters, oneappointed by the captain and one elected by the crew). ]

A Journal of all the Transactions on Board the Sloop _Revenge_ Benja. Norton Com'r by God's Grace and Under his Protection Bound on aCruising Voyage against the Spaniards Begun June the 5th, 1741. 

_Friday 5th. _ This day att 4 AM. The Capt. Went from Taylors Wharfe onBoard his Sloop, which lay off of Connanicut. [2] at 6 oClock, Capt. John Freebody[3] Came off in the pinnace with Severall hands. Wedirectly Weighed Anchor with 40 hands, Officers Included, Bound to NewYork to Gett more hands and a Doctor and some more provisions andother Stores we stood in need off. Att 8 Hastings came off in his Boatand brought a hand with [him] John Swan by name to proceed the Voyage, all so Mr. Saml. Freebody went ashore in the Ferry boat. Att 12 hailedthe Sloop from Castle Hill. [4] Capt. Freebody went in the pinnace tohim. He delivered him the Register of all his Officers Names which hehad forgott. The Wind being Contrary was Obliged to put back againCame to an Anchor under Connanicut att 8 PM. 

[Footnote 2: The long island lying just west of Newport, inNarragansett Bay. ]

[Footnote 3: Of Newport, the chief owner. ]

[Footnote 4: A height at the southwestern extremity of Newport, onwhich the colony had just erected a watch-tower. ]

_Saturday 6th. _ Weighd from Under Connanicutt att 4 AM. With a SmallBreeze of wind. Mett severall Vessells bound to Newport and Boston. Att 7 PM. Anchored Under Block Island over against the £10000 Pear. [5]Bought 10s. Worth of Codfish for the people. 

[Footnote 5: In 1735 the Rhode Island assembly had appropriated £1200for building a new pier at the harbor of Block Island (_R. I. Col. Recs. _, IV. 502, 508, 512), and had not appropriated more since; butsince the progress made had not been great, the quartermaster may bespeaking in the vein of sarcastic prophecy. ]

_Sunday 7th. _ About 4 AM. Weighd from Block Island mett a ConneticuttSloop bound to York. Kept Compa. With him all that day and Night andMunday the 8th Instant att 9 PM. Anchord in Huntington Bay. [6]

[Footnote 6: On the north shore of Long Island. ]

_Munday 9th [8th]. _ Weigh'd from Huntington Bay att 3 PM. [7] Saw theSame Sloop who had Sail'd all the Night. Att 11 Came to the whiteStone[8] fired a Gun and beat the Drum to lett them know what we was. The Ferry boat Came off and told Us that we Cou'd not Gett hands attYork for the Sloops fitted by the Country[9] had Gott them all. Att12 Came to anchor att the 2 brothers. [10] att 4 took an Acct. Of allthe provisions on Board with the Cost together with a List of all thepeople on Board, as on the other Side. [10a]

[Footnote 7: Error for 3 A. M. , probably. ]

[Footnote 8: Whitestone Point, on the south side of the East River. ]

[Footnote 9: _I. E. _, by the province of New York; see under June 10. ]

[Footnote 10: North Brother and South Brother islands, in the EastRiver, just outside of Hell Gate. ]

[Footnote 10a: See p. 384. ]

Price a hand that Came with Us from Rhode Island askt Leave to Go toYork to See his Wife. Sett a ---- Crazy fellow a shoar not thinkinghim fitt to proceed that Voyage, his name Unknown to me. 

_Wednesday 10th. _ This Morning about 5 AM. Capt. Freebody went up toYork in the pinnace to Gett provisions and Leave to beat about formore hands. Att 1 PM. The Pinnace Returned and brought word to theCapt. From Mr. Freebody that he had waited on his Honour the Govr. [11]and that he wou'd not Give him leave to beat up for Voluntiers. TheChief Reason he Gave was that the City was thined of hands by the 2Country Sloops that were fitted out by the Council to Crueze after theSpanish privateers on the Coast and that his Grace the Duke ofNewcastle had wrote him word[12] that if Admiral Vernon or Genl. Wentworth shoud writte for more Recruits to Use his Endeavours to Gettthem, so that he could not Give Encouragem't to any privateers to taketheir men away. Three of the hands that went up to York left us, Viz. George Densey, John Holmes and William Webster. Att 4 PM. EdwardSampford our Pilott went a shoar in a Conoe with four more handswithout Leave from the Capt. When he Came on Board again the Capt. Talkt to him and found that he was a Mutineous Quarelsome fellow soOrdered him to bundle up his Clothes and Go a shoare for Good. HeCarryed with him 5 more hands, Viz. Duncan McKenley, Foelix Burn, JohnSmith, Humphry Walters and John Taylor (poor Encouragement to Getthands when they leave Us so fast). After they were Gone I read theArticles to those on Board who Readily Signed So hope we shall Lead apeaceable Life. Remains out of the 41 hands that Came with Us fromRhode Island, 29 hands. 

[Footnote 11: George Clarke, lieutenant-governor 1736-1743. ]

[Footnote 12: Newcastle's letter of Dec. 4, 1740, which Clarke hadreceived May 7, 1741. _N. Y. Col. Docs. _, VI. 187. It was doubtlesssimilar to the letter of the same date to the governor of RhodeIsland, printed in Miss Kimball's _Correspondence of the ColonialGovernors of Rhode Island_, I. 187. Newcastle was secretary of state. Vernon and Wentworth had already failed to capture Cartagena, but thiswas not yet known in New York. ]

 * * * * *

_Account of the Provisions taken on Board the Sloop Revenge att RhodeIsland, Viz. _

Beef 50 bb. At £7. 10 per bb. £375Pork 18 bb. £12 per bb. 216Flowr 64 bb. £8 per bb. 512Bread 50 C. £4 per C. 200Beans 10 bus. 8Rum 100 Gall. 10s. Per Ga. 50Sugar 1C. 2[13] £8 per C. 12Hogs fatt a Cagg[14] 7 ----- £1380 =====

[Footnote 13: _I. E. _, one hundred (112 lbs. ) and two quarters (56lbs. ). ]

[Footnote 14: Keg. ]

_List of People on Board the Sloop Revenge who Saild with us fromRhode Island. _

------------------+---------------+ Names | Quality |------------------+---------------+John Freebody | Passenger |Benjn. Norton | Commander |Elisha Luther | Master |Peter Vezian | Capt. Qr. Mr. |John Gillmore | Mate |James Avery | Boatswain |John Griffith | Gunner |Edwd. Sampford | Pilott |Robert Little | Carpenter |Humphry Walters | Marriner |Duncan McKinley | Do. |James Barker | Do. |Thos. Colson | Do. |John Holmes | Do. |James Ogleby | Do. |Andrew Wharton | Do. |Saml. Webster | Do. |Joseph Frisle | Do. |John Swan | Do. |Benj. Blanchard | Mariner |Alexr. Henry | Do. |Jno. Brown | Do. |James Mackon | Do. |Timothy Northwood | Do. |George Densey | Do. |John Smith | Do. |Gideon Potter | Do. |John Bennett | Do. |John Taylor | Do. |Foelix Burn | Do. |Joseph Ferrow | Do. |William Austin | Do. |William Frisle | Do. |William Higgins | Do. |John Wright | Do. |Richard Norton | Capt. Negro |Edward Almy | Cook |Saml. Kerby | Mate Negro |Danl. Walker | Negro |------------------+---------------+

 * * * * *

_Thursday 11th. _ Att 6 AM. I went to York by Order of the Capt. Towait on Capt. Freebody. He wrote to Our Capt. To know if he thoughtproper to Come to York or Return back again thro the Narrows. He leftit Intirely with him to determine. Returned about 2 PM. Brought somefresh provisions on board. 

_Friday 12. _ Went to York with a Letter from the Capt. To Mr. Freebodywho Ordered the Vessell up to York. Three of Our hands left me to Seesome Negroes burnt, Viz. Joseph Ferrow, John Wright and Benjn. Blanchard. [15] took a pilott in to bring the Vessell up and soReturned on board att 3 PM. 

[Footnote 15: The _Revenge_ arrived at New York at the very height ofthe trials for the "Negro Conspiracy", for which, after extraordinarypublic excitement, thirteen negroes were burned at the stake, eighteenhanged, and seventy transported. On this day, June 12, the three whiteprincipals, John Hughson, his wife, and Margaret Kerry, were hanged, and three negroes, Albany, Curaçao Dick, and Francis, were burned. Daniel Horsmanden, _Journal of the Proceedings in the Detection_, etc. (New York, 1744). ]

_Saturday 13. _ Att 5 AM. Weighd from the 2 Brothers and went to Yorkatt 7. Anchor'd off the Town. Saluted it with 7 Guns. Shipt 7 hands toproceed the voyage, Viz. Geo. Benson, Indian, George Tallady, Jackson, McKenney, Marshall. 

_Sunday 14th. _ Between 6 and 7 AM. Came in a Brigt. From Aberdeen with40 Servants[16] but brings no News. Shipt a hand Woodell by Name. 

[Footnote 16: Indented servants. ]

_Munday 15. _ Nothing Remarkable these 24 hours. 

_Tuesday 16. _ Sent the pinnace a Shoar and brought off 6 bb. Of Beef. 

_Wednesday 17. _ Att 10 AM. The Pilott Came on board weighd Anchor andfell down to the Narrows between Stratton Island[17] and Long Island. Att 3 PM. Went up to York and brought down with me 3 hands, RalphGouch, John Taylor and Andrew Fielding. 

[Footnote 17: Staten. ]

_Thusday 18th. _ Att 11 AM. Our Pilott Came on Board with 4 of Our Menthat had Left us when the Capt. Turned Edward Sampford a Shoar, GeorgeDensey, Foelix Burn, Duncan McKenley and John Holmes, who promisedfaithfully to proceed the Voyage. Att 2 PM. The Capt. Ordered OurGunner to deliver Arms to them that had none. 25 hands fittedthemselves. Great fireing att Our Buoy Supposing him a Spaniard. Ihope to God that their Courage may be as Good if Ever they meet withany. 

_Friday 19th. _ Came in a Brigt. From Ireland Capt. Long withpassengers but brings no Strange News. Went to York. Shipt 2 hands, M. Dame and Jackson. 

_Saturday 20th. _ Att 10 AM. Came in the _Squirill_ Man of Warr Capt. Warren Come from Jamaica[18] who Inform'd us that Amiral Vernon hadtaken all the Forts att Carthagena Except one and the Town. We Salutedhim with 3 Guns having no more Loaded. He Return'd us one. We Gavethree Chears which was Returned by the Ship. He further told the Capt. That if he wou'd Come up to York he'd put him in a Route which wou'dbe of Service to his Voyage. Att 3 PM. Came on Board Capt. Wright todemand his Servant Andw. Fielding, which he had Seen. The Master wentup to York to Gett some hands that had promist to Come away by nightand Carry'd With him Andw. Fielding. 

[Footnote 18: The _Squirrel_ had gone down to Jamaica withreinforcements. _N. Y. Col. Docs. _, VI. 170. The news brought wasunduly favorable, as the event proved. Captain Warren, afterwardVice-Adm. Sir Peter Warren, commanded in 1745 all the naval forcesthat took part in the reduction of Louisbourg. He was a brother-in-lawof Chief-justice James DeLancey, and uncle of Sir John Johnson. ]

_Sunday 21. _ About 4 AM. The Master Came on board who had been attYork to Gett hands but mett with no Success, farr from it for heCarry'd 4 hands with him but brought back but two. 

_Munday 22d. _ The Capt. Went up to York to wait on Capt. Warren whowas as Good as his Word. Att 4 Came on Board again and brought 2 bb. Of beef and a fresh hand, Quinton Somerwood. Att 9 PM. Hailed a Sloopthat Came from the Jerseys, Bennett Mast. , On Board of w'ch was Capt. Potter of Rhode Island. [19]

[Footnote 19: Presumably Simeon Potter of Bristol, a notedsea-captain; on him and the _Prince Charles of Lorraine_, see docs. No. 176 and no. 177. ]

_Tuesday 23d. _ Wrote a Letter by the Capt. Order to Mr. Gidley to GettDavison to mate with us. Our Capt. Went to York to Carry it to Capt. Potter. Att 3 PM. Came in a Sloop from Jamaica 20 days passage whoInforms us that Admiral Vernon's Fleet was fitting out for Cuba. Iwish them more Success than what they Gott against Carthagena, For byall Report they Gott more blows than Honour. Att 4 PM. The Capt. Returned and brought a hand with him John Waters Clerk of a DutchChurch. 

_Wednesday 24th. _ About 10 AM. The pilott Came on Board with a Messagefrom Capt. Freebody who was Return'd from Long Island to Agree with aDoctor that had Offered to Go with Us. Att 1 PM. Came in a Sloop fromJamaica a prize of Capt. Warren which had been taken by the Spaniardsformerly she belong'd to Providence but Re-taken by the _Squirell_. Att 6 PM. Mr. Stone and the Doctor Came on Board to see the Capt. Buthe being att York they Returned to See there. 

_Thursday 25th. _ Nothing Remarkable the fore part of the day butQuarrelling not worth mentioning. Att 1 PM. A Sloop Came in fromJamaica and brings for News that he Spoke with an English Man of Warratt Port Morant, [20] who told him that a fresh Warr was daylyExpected, also that the Bay was Intirely Cut off by the Spaniards. Att4 PM. The Capt. Came on board and brought a Chest with 19 small Arms. Att 5 Mr. Stone Came on Board and Signd the Articles as Lieut. NoDoctor as yett for he that the Capt. Went to Agree with was a Drunkardand an Extortioner so we are better without him than with him. 

[Footnote 20: Port Morant is a port on the southeast side of Jamaica. "The Bay" means the Bay of Honduras. ]

_Friday 26th. _ The most Remarkablest day this Great while, all peaceand Quietness. Three Ships Came down the Narrows, one bound to London, another bound to Newfoundland and the third to Ireland. Severall SmallCraft Going too and thro. 

_Saturday 27th. _ This morning about 10 the Capt. Went to York to takehis Leave of Capt. Freebody who was Going to Rhode Island. Att 2 PM. Came on board and brought with him 2 bb. Of pork. Att 3 Came in aPrivateer from Barmudas, Capt. Love, who Came here for Provisions forhim and his Consort who waited for him there. This day we heard thatthe two Country Sloops were Expected in by Wednesday next. Lord sendit, for we only wait for them in hopes of Getting a Doctor and somemore hands to make up Our Complement. Opened one of the bbs. Of porklast brot. On board and it Stunk. Headed it up again and Opened a bb. Of beef which when Expended will make 8-1/2 bb. Of beef Since we leftNewport. 

_Sunday 28. _ Att 5 AM. Ship saild down the Hook. [21] nothing MaterialOnly we heard that Edward Sampford the Pilott whom the Capt. Had settashoare att the two Brothers dyed on Board the _Humming Bird_Privateer of the P-X. Opened a bb. Of bread w'ch makes 11 Since weleft Rhode Island. The Capt. Gave the people a pale of punch. 

[Footnote 21: _I. E. _, past Sandy Hook. ]

_Mundy 29th. _ About 4 AM. The Lieut. Came on Board with 4 hands whohad promist to Sign but being drunk they put it off till next day. Oneof the 4 Signed John Ryant. The Master went up to York and brought thebb. Of pork that Stank. Att 4 PM. He Returned and brought with him 6bb. Of pork. 

_Tuesday 30th. _ Att 5 AM. Came in a Sloop from St. Thomas, Edw. SomersMas'r, but brings no News. The Mas'r went up to York and brought downwith him 5 bb. Of beef. S'r Richard[22] Gott fowl of some of Our handswhich made them Quarelsome but Sleep overcame the Knight so all wasQuiet. 

[Footnote 22: An analogous expression to "John Barleycorn. "]

_Wednesday July 1st. _ Scraped Our Mast, Gave it a Coat of Sluch. Thepeople went a Shoar to Wood and Water. Hevy Foggy Weather. No Doctoras yet. 

_Thursday 2d. _ These 24 hours Foggy Weather. The Capt. Went up to Yorkwith Seven hands, Three of which left, Viz. Northwood, Colson andTaylor. About 11 AM. A Sloop Came in from Newfoundland, brings noNews, also another Sloop from Bermudas. 

_Friday 3d. _ Att 5 AM. We perceived the three hands that had left Usthe day before on Board the _Humming Bird_ privateer who had beenInticed by some of the Owners to leave Us by making of them drunk. About 10 We saw their Canoe Going a shoare with Our hands in her alsoJoseph Ferrow, whom we had brought from Rhode Island and had sincerec'd Clothes on Board, but had Entered on board that Sloop asBoatswain. As Soon as they had done Watering and Returning aboard weMann'd Our pinnace and boarded their Canoe and took Our three handsout of her, also Joseph Ferrow and brought them aboard. Some timeafter, the _Humming Bird's_ Canoe Coming alonside, Ferrow Jumpt in herand they put off Our pinnace being hawld up in the tackles. Weimmediately Lett her down but Severall Raw hands Jumping in her andunfortunately the plug being Out she almost filled with Water, whichCaused such Confusion that the Canoe Gott on Board before we Gott fromour Side. Our hands went on Board to demand him but they Gott alltheir Arms and wou'd not Suffer us to board them. The Capt. When theyReturned wou'd not Suffer them to Return with their Arms to take themout for fear of some Accident. Att 4 PM. The Capt. Of the LittlePrivateer Came on Board of Us to know the Reason of the disturbancebetween his people and Ours. Our Capt. Told him the Reason and forbidhim to Carry that fellow away, for if he did he might Chance to hearof him in the West Indies and if he did hee'd Go 100 Leagues to meethim and hee'd take ten for one and Murroone[23] his Voyage and Sendhim home to his Owners and Give his people a Good dressing, (I dontdoubt but he'll be as Good as his Word. ) Opened a bb. Of bread. Thunder and Lightning with a Great deal of Rain. 

[Footnote 23: Maroon. ]

_Saturday 4th. _ This morning about 5 AM. Came in a Ship from MarbleHead[24] who was bound to So. Carolina. She had lost her Main Mast, Mizen Mast and fore top Mast. In the Latitude 35° she mett with a hardGale of Wind which Caused this dissaster so was obliged to put backand Came to New York to Refitt. About 11 Clock the _Humming Bird_weighd Anchor for Philadelphia to Gett hands. Att 4 PM. The Lieut. With 2 Sergeants belonging to Capt. Riggs Comp. [25] Came on Board tolook for some Soldiers that was Suspected to be on board the _HummingBird_ but the Wind and Tide proving Contrary was obliged to return, she laying att Coney Island. Att 6 Came in a Ship from Lisbon, had 7weeks passage and a Sloop from Turks Island both Loaded with Salt. TheShip Appearing to be a Lofty Vessell put Our people in a panetick feartaking her for a 70 Gun Ship, And as we had severall deserters fromthe Men a War they desired the Capt. To hoist a V reef in the Jack andLower Our penant for a Signal for Our pinnace that was then a shoare, That if she proved to be a Man of War they might Gett ashoar and GettClear from the press. [26] But it proved Quit the Contrary, for theShip and Sloops Crew taking Us by the Signal that we had made for Ourpinnace for a Tender of a Man of War that was Laying there to presshands they Quited their Vessells and Run a Shoare as soon as they SawOur pinnace Mann'd and made for the bushes. Att night the Capt. Gavethe people a pale of punch to Recover them of their fright. Thunderand lightning all this day. 

[Footnote 24: Marblehead, Mass. ]

[Footnote 25: Richard Riggs, brother-in-law of John Watts, was captainof one of the two independent companies of fusiliers stationed at NewYork. ]

[Footnote 26: Press-gang. ]

_Sunday 5th. _ Att 5 AM. Shipt a hand Mathias Sallam. Our Mate went aShoar to fill Water. He Came on board about 8 and Informed us that thetwo Country Sloops lay att the Hook and only waited for a pilott tobring them up, which hope will prove True, being all Tyred of Stayinghere. Att 2 PM. Weighd Anchor and Gott nearer in Shoar to Gett out ofthe Current. Rainy Squally Windy Weather. Here Lyes a Brigt. Bound toNewfoundland, a Ship to Jamaica and a Sloop which att 6 PM. Weigh'dAnchor bound to Barbadoes, Loaded with Lumber and horses. Opened abb. Of beef and 1 tierce of Bread. This day being a Month Since weleft Our Commission port, have Sett down what Quantity of provisionsExpended, with the provisions att broch, [27] Viz. 9-1/2 bb. Of beef, 1bb. Of pork, 14 bb. Of Bread. Remains 49-1/2 bb. Of beef, 29 bb. Ofpork, 40 C. Of bread. 

[Footnote 27: "At broach" means, that had been opened. ]

_Munday 6th. _ About 6 AM. Came in the two Country Sloops so longWaited for. They had been fitted out to Cruise after a SpanishPrivateer that was Cruising on the Coast and had taken Severall of OurEnglish Vessells, also a Ship from Newfoundland and the _Huming bird_Privateer who had been to meet them to Gett some hands. Capt. LangoeComm'r of one of the above Sloops when he Came a longside of Us heGave us three Chears and we Returned him the same. The Capt. Went upto York to Gett a Doctor and some hands. One promist him to Give anAnswer the next day. Att 10 a hand Came on board to List but [went]away without Signing. He promist to Return again his name was JohnWebb. 

_Tuesday 7th. _ This morning the Capt. Went up to York and at lastAgreed with a Doctor that belong'd to Capt. Cunningham, [28] Com'r ofone of the Privateer's Sloop that Came in the day before. His Name isWilliam Blake, a young Gentleman well Recomended by the Gen'n of York. Att 6 PM. The Capt. Returned on board and brought with him a Chest ofMedicines, a Doctor's Box which Cost £20 York Cur[renc]y, [29] also 10Pistolls and Cutlasses. 

[Footnote 28: George Cunningham, whose commission was ordered May 8, 1741. ]

[Footnote 29: The currencies of the different colonies were in greatconfusion, on account of the various and extensive issues of papermoney, which was greatly depreciated in value. Apparently a pound inNew York currency was in 1741 worth about 2. 25 Mexican silver dollars, a pound in Rhode Island currency about . 85 of a dollar. Douglass, _Summary_ (Boston, 1749, 1750), I. 494, II. 255; Potter and Rider, _Some Account of the Bills of Credit or Paper Money of Rhode Island_, pp. 55, 162. ]

_Wednesday 8th. _ Cloudy Rainy Weather. The Mate went a shoar to fillWater and the Mas'r when the Mate Returned went to Gett Wood. Gave thepeople a pale of punch. Opened a bb. Of Beef and a bb. Of bread. 

_Thursday 9th. _ This morning put Our Vessell on the Carreen, Scrubher and Gave her Boot tops. [30] Att 4 PM. Our pilott Came on Board. The Capt. Orderd him to Attend on Saturday Morning for then heintended to Sail. Gave the people a pale of punch. 

[Footnote 30: After careening a vessel, and scrubbing off the ooze andshells, etc. , it was customary to coat the bottom with a mixture oftallow, sulphur, etc. This was called "giving her boot-tops. "]

_Friday 10th. _ Att 9 AM. The Mas'r went in the Pinnace to York tofetch the Lieut. And Doctors things. Att 2 PM. Came in 2 Sloops, Edwd. Seymore and John Pasco, in Comp'y with a Brigt. , James Walker Com'r, all from Antigua 13 days passage but brings no News. Att 9 AM. Came onBoard the Mas'r with 4 New hands, John Webb, Jerem'h Henderson, William Ramsey and Jos. The Negro Servant to the Lieut. 

_Saturday 11. _ About 8 AM. Mr. Vandam[31] Came on Board to take hisLeave of the Capt. He brought with him 2 pistolls and an Acct. Of theDoctors Chest and other things found for him which Amounts to £38. 2. 1New York Currency, [32] which is Carry to Acct. Att 10 the Lieut. AndDoctor Came on board in the pilott boat with the hands that had LeftUs Since we Were at York only 3 which Viz. Webster, Price and Ferrows. The tide being Spent cou'd not Sail but Resolv'd to Sail the next day. The Lieut. Went a Shoar to Gett some hands that had promist to Come onboard when we were Ready to Sail. When Mr. Vandam went from the Sidewe Gave him three Guns and three Chears. Opened a bb. Of Beef. Gavethe people A Bowl of punch. 

[Footnote 31: This was probably Isaac van Dam, merchant, son ofPresident Rip van Dam. "Henderson, " above, means Harriman. ]

[Footnote 32: See the account below, and notes 29 and 33. ]

_Sunday 12th. _ The Lieut. With Severall hands that went ashoar theNight before Came on board with Our Pilott. The Tide being almostSpent coud not Sail. Att 4 PM. The Comp. Chose their Qr. Mr. DuncanMcKenley, a fitt person for that post. He wetted his Commission byGiving the people a tub of punch. Opened 1 tierce of bread. 

_Munday 13th. _ Weigh'd from Stratton Island with 61 hands, OfficersIncluded. Anchord about 2 PM. Att Sandy Hook. Wrote to Capt. Freebodyby the Capt. Order. Sent him a List of Our hands and an Acct. Of Ourprovisions and Charges together with the Lieut. Name to Gett itRegistred in the Admiralty Office att Rhode Island. The Comp. QMr. Quartered the people to the Guns, Viz. Qr. Deck and its Opposite 3men, and to Every one and its opposite of the Deck Guns 4 hands. Gavethe Qr. Mas'r. An Acct. Of the Charges which is to be paid by theComp'y as it is thus Stated Underneath, Viz. 

_Drs. _ _Sloop Revenge and Comp'y to the Owners_ _Cr. _-------------------------------+------------+----------------+------Taken in Att Rhode Island | | /| 50 bb. Of Beef 7. 10 | £375 | / | 18 bb. Of pork 12. | 216 | / | 64 bb. Of flour 8. | 512 | / | 10 bu. Of Beans | 8 | / | 100 Gal. Of Rum at 10s. | 50 | / | 1 C. 2 Qr. Sug'r £8 per C. | 12 | / | A Cag of hogs fatt | 7 | / | 50 C. Of bread at 4 per C. | 200 | / | | ----- | / | | £1380 | / | | | / |Taken in At New York | | / | 8 bb. Of Beef 7. 10 | 60 | / | 12 bb. Of pork 12. | 144 | / |A Doctors Chest and Medicines | | By the foot of | first Cost New York | | this Acct. To | Cur'y 38. 2. 1 | | be carryed to |Advance 200 per C. 76. 4. 2[33] | 114. 6. 3 | Acct. Cur't to | | --------- | be paid by the | Total | £1698. 6. 3 | Sloops Comp'y | £1698. 6. 3-----------------------------------------------------------------------

[Footnote 33: By a rough calculation (see note 29) QuartermasterVezian trebles the amount in New York currency to reduce it to that ofRhode Island. ]

_Tuesday 14th. _ Weighed about 2 PM. From the Hook with the wind attWSW with a fresh Gale and by Gods Leave and Under his protection boundon Our Cruize against the proud Dons the Spaniards. The Capt. Orderedthe people a pale of punch to drink to a Good Voyage. Opened a bb. Ofbeef and tierce of Bread. The people was put to Allowance for the 1sttime, one lb. Of Beef per man a day and 7 lb. Of bread per week. 

_Wednesday 15. _ Att 3 PM. Sett our Shrouds up. [34] a Great SwellingSea. About 5 AM. Saw a Sail under Our Lee Bow about a League Dist. Allhands was Called upon Deck and Gott Ready to Receive her had she beenan Enemy. We fired one of our Bow Chases and brot. Him too. She was aSloop from Nantuckett, Russell Mas'r. He said he had mett nothingSince he had been out which was 11 days. Our people Returnd to theirStatu Quo, being all peacable Since they have Gott a Qr. Mr. ToControul them. As they were all musterd, them that [had] no Arms theyReceiv'd some from the Owners, the Acct. Of which is on the other Sidewith an Acct. Of how many shares on board and what the Owners draw. 

[Footnote 34: Tightened them up. ]

_List of the Men of the people On Board the Revenge. _

_Names_ _Quality_ _Shares_

Benjn. Norton Com'r. 2-1/2Wm. Stone Lieut. 1-1/2Elisha Luther Mas'r. 1-1/2Peter Vezian Capt. Qr. Mr. 1-1/4Wm. Blake Doctor 1-1/2John Gillmore Mate 1-1/4James Avery Boatswain 1-1/4John Griffith Gunner 1-1/4Robert Little Capt. 1-1/4Duncan McKenley Co. Qmr. [35] 1James Ogleby G. Mate[36] 1John Waters Sailor 1James Barker Do. 1Alexr. Henry Do. 1Willm. Higgins Do. 1John Vander Hiden Do. 1Foelix Burn Do. 1Edwd. Webster Do. 1Tulip May Do. 1Jeremiah Harman Do. 1John Webb Do. 1Richd. Norton Drumer 1Ned Almy Cook 1John Holmes Sailor 3/4Gideon Potter Do. 3/4Thos. Colson Do. 3/4Benjn. Blanchey Do. 3/4Willm. Jackson Do. 3/4Barney M'Keneys Do. 3/4Joseph Frisle Do. 3/4Joseph Marshall Sailor 3/4Wm. Frisle Do. 3/4Timy. Northwood Do. 3/4Andrew Wharton Do. 3/4Evan Morgan Do. 3/4Saml. Kerby Do. 3/4John Brown Do. 3/4John Smith Do. 3/4James Magown Do. 3/4John Swan Do. 3/4Wm. Austin Do. 3/4John Wright Do. 3/4John Bennett Do. 3/4George Densey Do. 3/4Ephraim Read Do. 3/4John Taylor Do. 3/4Ralph Gouch Do. 3/4Peter McKickings Do. 3/4Humphry Walters Do. 3/4Quinton Sommerwood Do. 3/4Mattias Sollam Do. 3/4Flora Burn Do. 3/4Saml. Henderson Do. 3/4William Ramsey Do. 3/4Thos. Grigg Do. 3/4John Wyld Do. 3/4Saml. Bourdett Do. 3/4James Welch Do. 3/4John Gregory Do. 3/4Danl. Walker Cook-Mate 3/4 ------ 55 ------

[Footnote 35: Company's quartermaster. ]

[Footnote 36: Gunner's mate. ]

Sum totall of the Shares[37]

Officers draws 13-1/4Men that have fitted themselves 14Those fitted by the Owners 27-3/4Owners for fitting Men 9-1/4Sloop 14 ------ Totall 78-1/4 ------

[Footnote 37: Of 78-1/4 shares, the nine officers were entitled to theshares ("draws") indicated against their names above; fourteen sailorswho had "found" themselves are listed, as entitled to one share each;thirty-seven others, outfitted by the owners, are assignedthree-fourths of a share each, the other fourths going to theoutfitters; fourteen shares were to go to the same, as owners of thesloop. The prize act of 13 Geo. II. Ch. 4 (1739), passed at thebeginning of this war, had provided that prizes captured by privateersshould after condemnation go entirely to the owners and officers andcrew of the privateer, in such proportions as should be specified intheir articles of agreement (see, _e. G. _, doc. No. 202). ]

The Lieuts. Man draws att the discretion of the Compy. The Compy. Devided in 7 Messes Viz. 

Captain's Mess 7 Men1 Mess 102 do. 113 do. 104 do. 105 do. 10Cooks do. 3 ---- 61 hands. 

_Thursday 16th. _ These 24 hours very small breezes of wind and fairWeather. Att 6 PM. Saw a top sail Vessell standing to Westward. TheMaster per his Accot. Finds that he is distant from York 238 miles. 

_Friday 17th. _ Very moderate Weather. The Capt. Lett the People haveOzenbrigs[38] to make Frocks and trowsers as per Acct. Underwritten. Alexr. Henry and James Magown Gave their Notes to the Capt. For £5Cash they had of him when att Rhode Island. 

[Footnote 38: Osnaburgs, a kind of coarse linen made originally atOsnabrück in North Germany. ]

_Sundry Acc'ts to the Owner of the Revenge Dr. £37. 5. 6. _

For Ozenbrigs, 165 yds. , at 4s. 6 per yd. 

Gideon Potter 6 yds. At 4s. 6 £1. 7Wm. Austin 3 13. 6Duncan McKenley 7 1. 11. 6Wm. Frisle 6 1. 7. Danl. Walker 5 1. 2. 6Thos. Colson 6 1. 7. Jos. Frisle 6 1. 7. Jams. Avery 6 1. 7. John Holmes 6 1. 7. James Barker 2-1/2 11. 3Quinton Somerwood 6 1. 7. Saml. Kirby 6 1. 7. John Wright. This Charged to the Compy. 6 1. 7. Benjn. Blanchy 6 1. 7. Andw. Wharton 6 1. 7. Jos. Marshall 6 1. 7. John Smith 6 1. 7. Peter McKeneys 6 1. 7. Evan Morgon 6 1. 7. John Brown 6 1. 7. Mathias Sollen 2-1/2 11. 3James Ogleby 6 1. 7. John Vander Hiden 5 1. 2. 6John Swan 6 1. 7. George Dencey 6 1. 7. Barney McKeneys 6 1. 7. John Griffith 3 13. 6Ralph Gouch 6 1. 7. John Taylor 6 1. 7. The Cabbin 5 1. 5. 6 ------- £37. 5. 6 -------Sundrys, Dr. To the Owners for Cash, £14. 10. 

To Alexr. Henry £5. Benjn. Blanchey £0. 18. To James Magown 5. Saml. Kerby 3. 12. 10. ---- ------- ------- £10. 14. 10. 

_Saturday 18th. _ Calm Weather. Saw a Sail standing to the Westward. Opened a bb. Of Pork and Served the people 7 lb. Per Mess. Thepeople had a pale of punch to drink their Wives and Sweethearts. TheCapt. Took 5 yds. Of Ozenbrigs for the Use of the Cabbin. Latitude perObs'n of the Mas'r 35:12. 

_Sunday 19th. _ Moderate Weather but Contrary Wind. Saw a top SailVessell and a Sloop. Bore down upon her but it Coming Calm coud notSpeak with her. Opened a bb. Of Beef. 

_Munday 20th. _ Still Contrary Light breezes of wind. Saw the Sloop andBrig about 5 PM. The Comp'y Qr. Masr. Went down the Hole to head upthe bb. Of beef that had been Opened the day before not being Sweet. Had the misfortune to fall in the Kettle and Scawlded his [_sic_]prodigiously. Opened another bb. Of beef in lieu of the former. Beganto Caulk Our Decks being very Leakey. 

_Tuesday 21. _ Served the people three days allowance of bread. Att 6AM. The Capt. Perceived that the Mast was Sprung. He blamed the Mateand was very Angry with him and said it was his Neglect by Carryingtoo much Sail the Night we left the Hook having then a Large Sea andmuch Wind. Made all things Ready to fish him. [39] Opened a tierce ofbread. 

[Footnote 39: To fish a mast is to strengthen it by fastening a piecealong it lengthwise. ]

_Wednesday 22d. _ Fish Our Mast and made him as Strong as Ever. Nothingmore Materiall these 24 hours. Still Calm Weather. 

_Thursday 23d. _ Struck our top-mast it being too heavy for Our mastthat was Sprung. Opened a tierce of bread and Served the people threedays allowance. 

_Friday 24th. _ Opened a bb. Of beef. Rainy Squaly Weather. The Masr. Per his Observation finds that we are in the Latitude 32:35. 

_Saturday 25th. _ Small breezes of Wind for the most part of these 24hours with Some Rain. The people had a pale of punch att night. 

_Sunday 26. _ Served the people 3 days allowance of bread. CalmWeather. 

_Munday 27th. _ The Weather as above. Nothing Remarkable Only Caughttwo Dolphins out of a Great Scowl. [40]

[Footnote 40: School. ]

_Tuesday 28th. _ About 5 AM. Spyed a Sail Under Our Lee Bow. Bore downon her and when in Gun Shott fired one of Our Bow Chase. SheImediately Lowered all her Sails and went a Stern of Us. We Orderedthe Mas'r to send his Boat a Board which he did and Came with onehand. Upon Examination We found that she was a Sloop belonging to someof the Subjects of his Britanick Majestys and was taken by a Spanishprivateer bound out of St. Augustine to Cruize to the Northward toGett provisions. She had taken this Sloop off of Obricok[41] near No. Carolina and when taken by Us was in the Latitude 31. 59 no. Longitude73. 6 W. The Master when he Came a Board brought three Spanish paperswhich he declared to be one a copy of his Commission, the 2d. Instructions what Signal to make when arrived att St. Augustine whereshe was bound to be Condemned and the 3d. Spanish paper was to letthim know what Rout he was to Steer. We Sent Our Lieut. Aboard who saidshe was Loaded with Pork, Beans, Tarr, Live Hoggs, etc. And a Horseand had on Board 2 Englishmen, The Mas'r who is a frenchman born butturned Spaniard, 3 Spaniard Slaves and one Negro. Upon ExaminationJohn Everigin, [41a] one of the prisoners, declared that he had beentaken some time in April last by Don Pedro Estrado[42] Capt. Of thePrivateer that had taken this Sloop, and that he forced him toList[43] with them and to pilott their Vessell on the Coast of N. Carolina and that then they took this Sloop att Obricock, July 5th, also 2 more Sloops and a Ship Loaded with Lumber bound to So. Carolina, that the Capt. Of the privateer put him on Board with thefrench Master to Navigate the Vessell to Augustine with anotherEnglishman, Saml. Elderedge, and that they were making the best oftheir way to that place. We Sent Our Master on board to fetch all thepapers and bring the prisoners as above mentioned. The papers are asfollows with some other things brought on board, Viz. 

[Footnote 41: Ocracoke Inlet. ]

[Footnote 41a: See note 62, below. ]

[Footnote 42: Don Pedro de Estrada is mentioned as an exceptionallyable privateering captain, in 1742, by the captain-general of Cuba andby the chief engineer at St. Augustine. _Collections_ of the GeorgiaHistorical Society, VII. , pt. 3, pp. 29, 59, 61-63. Wright, _Oglethorpe_, p. 283, speaks of his vessel as "a notorious privateercalled the 'Black Sloop', commanded by Destrade, a French officer whohad taken several prizes. "]

[Footnote 43: Enlist. ]

No. 1. Copy of the Spanish Commission. 2. Instructions what Signall to Make att St. Aug'ne. 3. What Rout to Steer. 4. 2 Spanish Letters. 5. On Order of Richd. Saunderson. 6. Rec'd of Rich'd Glover. 7. Do. Of Walter Goodmans. 8. Do. Of Phillip Morris. 9. Order of Jno. Donavan. 10. Peter Saunders Note of hand. 11. Deed of Sale of the _Content_ to Thos. Haddaway. 12. A Note of hand. 13. Recd. Of Rich'd Glover. 14. Deed of Sale of a Canoe. 15. Deputation of John Casey to Capt. St. Leidgen to be Rainger. 16. A Note of hand. 17. James Addison, Order. 18. Rec'd for a Hatt. 19. Deed of Sale of the Scho'r _Eliz'h_. 20. Protest[44] of a Wreck. 20 small pieces of silver Value 2 pc. Of 8/8[45] and 1/2 a bitt. 1 Silver Thimble. 1 Silver Spoon markt IO SO 4 Hoggs. A Womans Gown, petticoat, Shift, etc. 1 Turkey. Linen Corsett, some fish hooks, tobacco, Books, horn of powder, etc. 

[Footnote 44: See doc. No. 136. ]

[Footnote 45: Pieces of eight (_i. E. _, eight reals), Spanish dollars. A bit was a real. ]

Att 11 AM. Sent Jeremiah Harman and John Webb with four hands to takeCare of the prize, the first to be Mas'r and the other Mate, andHumphry Walters, Saml. Bourdett, John Wyld and the Negro taken in theprize as Marriners. The Capt. Gave them, Mas'r and Mate, the followingOrders. Viz. 

 On Board the _Revenge_ July 20th, 1741. 

 You Jeremiah Harman being Appointed Mas'r and You John Webb Mate of a Sloop taken by a Spanish Privateer some time ago belonging to some of the Subjects of his Britanick Majesty and Retaken by me by Virtue of a Commission Granted to me By the Hon'ble Richard Ward Esqr. Govr. In Chief over Rhode Island and providence plantation etc. In New England. I Order that You keep Company with my Sloop the _Revenge_ as long as Weather will permit and if by the providence of God, that by Stormy Weather or some unforeseen Accident we should part, I then Order You to proceed directly to the Island of providence, One of the Bahamia Islands, and there to wait my Arrivall, And not to Embezzle diminish Waste Sell or Unload any part of her Cargo till I am there present, Under the penalty of the Articles Already Signed by You. Att Your Arrivall att providence make a Just Report to his Hon'r the Gov'r of that place of the Sloop's Cargo and what on Board and how we Came by her. I am

 Yrs. 

 B. NORTON

 To Jeremiah Harman Mas'r and John Webb Mate. For Signal hoist Your Dutch Jack att mast head. If we hoist first You Answer Us and do not keep it up Long. 

_Wednesday 29th. _ About 4 PM. Saw a Sloop. Gave Chase but the Weatherbeing Calm was forced to Gett out Our Oars. Fired our Bow Chase tobring her too, but we tacking about and the people in Confusion, NightComing on, it being very Foggy, Coud not Speak to her. By her Courseshe was bound to the Northw'd. Lost Sight of Our prize. The twoEnglishman that were taken prisoners By the Spanish privateer SignedOur Articles, their Names John Evergin and Sam'l Elderidge. 

_Thursday 30th. _ Nothing Remarkable these 24 hours. Att 5 AM. Saw aSloop standing to the Northward and another a Stern of Us. Bore downto the Latter and made Our Signal agreed on. Found her to be Ourprize. Opened a bb. Of beef and 1 tierce of bread. The two Men thathad signed the day before had Arms Given them. 

_Friday 31t. _ Calm weather these 24 hours. Our prize Sent his boat onboard of Us for bread and Water. Killed the other 2 hogs we had takenon board. Drew 2 Copys of the Capt's. Commission. 

_Saturday Aug'st 1st. _ The prize still alongside of Us. Ordered theMaster to Send Us 2 hogs for the Sloops Use, Also the Negro prisoner, having been Informed that he was Capt. Of a Comp'y of Indians, Mollattos and Negroes that was att the Retaking of the Fort att St. Augus'ne formerly taken Under the Command of that worthlestG----O----pe who by his treachory Suffered so many brave fellows to bemangled by those barbarians. [46] the Negro went Under the Name ofSignior Capitano Francisco. Sent one of the Mollatto's in his Room onboard the prize. Gave the people a pale of punch. 

[Footnote 46: The reference is to Gen. James Oglethorpe, and to therecapture of Fort Moosa by the garrison of St. Augustine, June 15, 1740, during his unsuccessful siege of that town. ]

_Sunday 2d. _ Att 1 PM. We Examined the Negro who franckly owned thathe was Capt. Of a Comp'y as aforesaid and that his Commission was onboard the privateer, that he went privatter'g in hopes of Getting tothe Avanah[47] and that there he might Gett a passage for to Go to oldSpain to Gett the Reward of his brave Actions. We then askt him if itwas his Comp'y that had used the English so barbarously when taken attthe Fort. He denyed that it was his Comp'y but laid that Cruel Actionto the Florida Indians and nothing more Coud we Gett out of him. Wethen tyed him to a Gun and made the Doctor Come with InstrumentsSeemingly to Castrate him as they had Served the English, thinking bythat means to Gett some Confession out of him, but he still denyed it. We then tyed a Molatto one that was taken with him to know if he knewanything about the Matter. We Gave him a dozen of Stripes and hedeclared that he knew nothing more than his being Capt. Of a Comp'yatt that time but that the other fellow on board the Sloop knew allabout it. We Sent to him and he declared the wholle truth that it wasthe Florida Indians that had Committed the fact Under his Comand, butknew not if he was Consenting to it. However to make Sure and to makehim Remember that he bore such a Commission we Gave him 200 Lashes andthen pickled him and left him to the Doctor to take Care of his SoreA-se. Opened a tierce of bread, and killed the 2 hogs. 

[Footnote 47: Havana. ]

_Munday 3d. _ Small breeze of Wind. About 10 Saw a Schooner Standing toNo'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 shewas, but she did not mind it neither hoisted any Colours. She boredown upon Us, then takt and bore away. We fired 10 Shott but all didnot Signify for she hug'd her Wind[48] and it Growing dark and havinga Good pair of heels we lost Sight of her. We imagined it was aNo'ward Schooner both by her built and Course, But lett her be whatshe will she had a brave fellow for a Com'r. Opened a bb. Of pork. Inchaseing 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 2PM. Spyed 5 Sail of Vessells Steering to the Westward. Gave them Chasetill 1 AM. And overtook them about 2. We coud observe them att a Greatdistance to Load[49] of us. Lay too till 4, then begun the Chaseagain, they having Gott almost out of Sight. Killed 2 Geese and a Cockwhich we had out of the prize. Opened a tierce of bread. ProvisionsExpended from June the 5 till July the 5, being one month, 6 bbs. Ofbeef, 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. Oneof Ships brought too and fired a Gun to wait for a Sloop that was inComp'y with her, and to wait for Us. We took in all Our Small Sailsand bore down to her and hoisted Our penant. When alongside of hershe fired 6 Shot att Us but did Us no damage, We still Hedging uponher and Gave her Our broadside and then stood off. The Sloop tacktimediatly 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 threeChears. Our people all Agreed in General to fight them and told theCapt. If heed venture his Sloop they'd Venture their Lives, but theCapt. Seemed Unwilling and Gave for Reason that the prizes of which hewas in possession of woud be of little profitt if taken by Us for wecoud 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 thatWe had not hands Sufficient to Man them, and to bring those Vessellsto providence. No one was able to buy any part of them and to Carrythem to the No'ward woud be the breaking up of the Voyage withoutprofitt. Nevertheless We Lett the Sloop Come alongside Us and Receivedher Shott. We Gave her a broadside and a Volley of Small Arms withthree Huzas, then bore down to the Ship, who all this time had beenpelting Us with her Shot but to no purpose, and Gave her another broadSide which did her some damage, for she bore down to the Sloop andnever fired one more Shott, but Gott her on the Careen and men overthe Side to Stop her holes, also Severall hands att her Rigging tomend it, her Sails being full of Shott holes, as also those of theSloop. All the damage we Gott was One Shott through Our Main Sail. TheShip mounted 6 Guns of a Side and the Sloop 8. She was a Spanishprivateer that had been Cruizing to the No'ward and had taken 5 Shipsand that Sloop which We took some time before. [50] It Grieved Us tothink that that felow shoud Go off with those prizes which he woud nothave done had the Capt. Been as willing as We. This battle was foughtin 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 inthe _Journal_ of William Stephens, secretary of Georgia (_ColonialRecords of Georgia_, Suppl. To vol. IV. , pp. 225-228), and whichOglethorpe 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 wasNo'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 ofthe 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 theKeys. 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 boatCome 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 daybefore att 9. Came by the Rose Man of Warr stationed here. We Salutedher with Seven Guns and she Returned Us five. We Run aGround and laysome time off of Major Stewarts House. The Man of War Send is [senthis] boat to Cary out an Anchor for Us, so We Gott off. The Capt. Wentashoar to wait on his Excellency[54] and send the pinnace off for theprisoners, who Imediatly were put in Jail. Our prize sent Us two Hogswhich we Imediatly Killed. 

[Footnote 53: A small island of the Bahamas, which forms the northside 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, themilitary engineer, and arrived at New Providence Apr. 21, 1741. According to Bruce, he had previously been factor to the South SeaCompany at Panama, and governor of Cape Coast in Guinea for the RoyalAfrican Company. Major Stewart, mentioned just above, was WilliamStewart, a member of the colonial council and major of the militia. _Memoirs of Peter Henry Bruce_, pp. 375, 385, 386, 395. _Journal ofthe Assembly of the Bahamas_, 1741, _passim_. ]

_Tuesday 11th. _ This day begun to Unload our prize. Made a present tothe 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 aStore hired for that purpose. Mr. Moon appointed Agent for theOwners. [55] Opened a bb. Of pork. 

[Footnote 55: "William Moone, who came from London in the storeshipwith the recruits. " Bruce, pp. 386, 410-412, 417-420. ]

_Thursday 13th. _ Landed all our Corn and made a Clear hole of theprize. Att 9 PM. It begun to thunder and Lighting very hard. Our SloopReceived great damage by a thunder bolt that struckt our Mast andShivered it very much, tore a large peice off of the hounds and as itfell tore up the bitts[56] and broke in the hatchway, burst throughboth our Sides, and Started the plancks under her whale, [57] meltingseveral Cutlashes, pistolls, and fired off several Small Arms, thebullets of which stuck in her beam. It was some time before weperceived that she Leakd, being all thunder Struck, the Masterstepping over the Side to Examine her put his foot on a planck thatwas Started on the Larboard side, and all this time the water waspouring it [in]. We Immediatly brought all Our Guns on the StarboardSide to Give her a heel and Sent the boat ashoar for Our Doctor, a Manbeing hurt by the Lighting, Wm. Jackson. When we Gott her on a heel wetryed the pumps, not being able to do it before, for our CarefullCarpenter had ne'er a pump-box Rigg'd nor fitt to work so had it notbeen for the Kind assistance of the Man of warr's people, who hearingof Our misfortune ashoar Came immediatly off and put Our Guns on boardthe prize, we must Certainly have Sunk, most of Our hands beingashoar. This day James Avery Our Boatswain was turned out for neglectof duty and Ralph Gouch put in his Room. 

[Footnote 56: Hounds were projections at the masthead, supporting therigging. 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. HeOffered his Assistance in all he Cou'd and Spared Us his Carpenter whoview'd the Mast and said he thought he coud make it do again. TheCapt. Hearing of a peice of timber for his purpose waited on hisExcellency 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 andGett it in his name, promising to make it Good to him in Case of anytrouble, the peice not being is [his]. Unloaded all Our provisions andput them on board the prize to Gett Ready for the Carpenters to RepairOur Sloop. 

[Footnote 58: Capt. Thomas Frankland (afterward Adm. Sir ThomasFrankland) commanded the _Rose_, 20, on the Bahamas station from 1741to 1745. He was a descendant of Oliver Cromwell, and a younger brotherof 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 Stewartof note 54, second lieutenant in the independent royal company andmajor of the militia. Bruce, pp. 386, 394, 400-402, 431-432. ]

[Footnote 59: John Thompson of Harbour Island was a member of thecouncil. James Scott was speaker of the assembly, judge of theadmiralty court and at times chief justice. _Journal of the Assemblyof 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 JohnEvergin and Saml. Elderidge the two English prisoners Concerning theprize. A Court was Called att 4 oClock PM. They Read Capt. Nortonspetition and appointed an Agent for the Owners, so Adjourned tillMunday 10 of the Clock AM. 

_Sunday 16th. _ All hands att Rest. Few Godly inclin'd, it being theLords day. 

_Munday 17th. _ The Court mett According to Adjournment. Examind JuanBaptista Domas concerning the freedom of the prisoners. Took hisdepos'on in writing. All the Evidences [and] deposition were read inCourt, Sworn too and Signed, then the Court Adjourned till Wednesday10 of the Clock. No Lawyers in the place, the only blessing that Godcoud bestow on such a Litigious people. 

_Tuesday 18th. _ We Gott out Our mast and Sent it ashoar to Gett itfisht and make it fitt for the Cruize. 

_Wednesday 19. _ Att 10 AM. The Court being opened and the Libell ReadI beg'd Leave of his Honour to be heard, which being Granted I spokeas 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 soldatt Vandue and the one half thereof shoud be p'd the Captures forSalvage, free from all Charges, that Juan Baptisto Domas, Pedro Sancheand And'w Estavie, According to the Laws of England shoud Remain asprisoners of War till Ransomed, And that Augustine and Franciscoaccording to the Laws of the plantations shoud be Slaves and for theuse of the Captures. So the Court broke up. 

_Thursday 20th. _ Opened a bb. Of beef. This day the Vandue begun. Sold46 bbs. Of pork, 29 bb. Of Beef and 110 bus. Of Corn, then Adjourn'dit 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 34ps. 8. In the height of Our Sail some of the Soldiers Stole a bb. Ofpork but was found out before it was all Expended so that one half wasReturned which makes the half bb. As per Acct. Of Sales. Viz. Pork andbeef very much damnifyed. 

 * * * * *

_An Account of a prize taken by Capt. Benj. Norton in the SloopRevenge and Sold att Publick Vandue att New Providence, the 20th and21st 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 1526:7furniture }

 * * * * *

_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 ofwhich may properly be omitted. It records the sale, to nearly sixtydifferent purchasers, of the goods indicated in the abstract whichensues. In this abstract, the amounts are given in pieces of eight andreals; 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 Saildin a Schooner for So. Carolina. Wrote a Letter by him, Inclosd toMessrs. Steed, Evance and Comp'y, Under Cover to Mr. Henry Collins forSafety 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 hovedown one Side and paid it with tallow. 

_Tuesday 25. _ Hove down the other Side and paid her. Gott all Ourballast in and Some of the provisions, also all the Rigging Over head. 

_Wednesday 26. _ Still taking in Our provisions and Water and makingReady to Sail. 

_Thursday 27. _ Gott all Our Sails and powder from on Shoar. Took anInventory of the prizes Rigging and furniture, she being to be sold onSaturday next. Capt. Frankland Came on board to View her Intending Ibelieve to buy her. 

_Friday 28. _ Nothing Remarkable these 24 hours. The Capt. Dischargedthree of his hands for Reasons best known to himself, being Resolvedthat they shou'd not proceed the Voyage with, Viz. Webster and Gregoryshipt att New York and Wright from Rhode Island. Opened 2 bbs. Offlowr. 

_Saturday 29. _ This day the Sloop and furniture was Sold and bought byCapt. Frankland, also 9 bbs. Of pitch that was left unsold as perAcct. Of Sales. Opened a bb. Of beef. 

_Sunday 30th. _ This morning waited on Mr. Moon the Vandue Master andSettled the Acct. Which is Stated on the other Side. 

_Munday 31st. _ The Capt. Settled with Every Body Indending to SailtoMorrow. Took bills of Exchg. Of Capt. Frankland on his BrotherMessrs. Frankland and Lightfoot, [65] Merch'ts in Boston and Endorsedby the Comp'y Qr. Mr. For £540 New England Currancy. The first billhe Sent to Capt. Freebody by Capt. Green bound to Boston in the prizewith a Letter which is As follows:

 NEW PROVIDENCE August 31st 1741

 _S'r_

 This waits on You with a bill of Exchg. Inclosed drawn by Capt. Thomas Frankland on his Brother Messrs. Henry Frankland and Lightfoot, Merch'ts in Boston for £540 NE Cur'y, being part of the prize taken by Us and Sold att publick Vandue, the Sale of which Amounts to 763 Ps. 8/8 which was the half we Received for Salvage, the Vessell belonging to some of his Majesty's Subjects of Great Britain or Ireland, besides one Negro Man Fransisco by Name who was one of the Capts. Belonging to that Comp'y of Negros and Mollattos that used the English so barbarously att the retaken of the fort att St. Aug'ne, also a Mollatto named Aug'ne. The other two taken by us were Cleared and Remain still prisoners of War. We have Sold the old Negro Capt. For 34 ps. 8/8 which is to be Added to the above half. The Mollatto we have still on board. 

 I dont doubt by [now?] you've Received mine by the way of the way of So. Car. Inclosed in a Letter to Mr. Henry Collins in which I Acquainted You of an Unfortunate Accident, that happened to Us by thunder having Split Our Mast and broke through both our Sides and shoud infallibly have Sunk had it not been for the Kind Assistance of Capt. Franklands men Com'r of the _Rose_ Man of War. The damage that will Accrue thereon will amount att Least to 100 Ps. 8/8. 

 We Gott our mast fisht and are in hopes it will Serve our Cruize, having Gott all things ready to Sail we Intend it in a day or two, And am with my kind Services to all friends

 Your very hum'le Serv't. 

 B. N. 

 To John Freebody:

[Footnote 65: (Charles) Henry Frankland, afterward Sir HarryFrankland, and celebrated under that name because of the romanticstory of Agnes Surriage, recounted in Dr. Holmes's poem, _Agnes_. Anelder brother of Capt. Thomas Frankland, he had come to Boston in thespring of this year as collector of the port, and soon became one ofthe most picturesque magnates of the place. Nason, _Sir Charles HenryFrankland_, pp. 9-29. His associate was Robert Lightfoot, a prominentmerchant. _Pubs. Col. Soc. Mass. _, VII. 91. ]

_Tuesday 1st. _ The Lieut. And Mr. Stone went this morning to theWestward to Gett a pilott and brought one with him but how he'llprove 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 theTo 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. ---------- ---------- £1776. 16. 9 £1776. 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 pilotton board, Capt. Richd. Thompson. [68] The Man of War's barge with theirLieut. Came on board to Search Our hole to See we did not Carry any ofhis 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 bodyin their Statu Quo. The Capt. Ordered them some punch to drink totheir Wives and Misstresses they had left a shoare. 

[Footnote 68: Brother of John Thompson the councillor, mentionedabove. Bruce, p. 418. ]

_Thursday 3d. _ Fine Moderate Weather, att 10 AM. Had a Vandue att theMast of the plunder taken in the prize which was Sold to the Value of50 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 | |36-1/2Wm. Stone |Lieut. | 1-1/2||Thos. Colson |Mar'r. | 3/4Elisha Luther |Mas'r. | 1-1/2||Wm. Ramsey | do. | 3/4Peter Vezian |Cap. | 1-1/4||Jno. Taylor | do. | 3/4 | QM. ||Math'as Sollom | do. | 3/4Wm. Blake |Doctor | 1-1/2||Thos. Grigg | do. | 3/4Ralph Gouch |Boats'n| 1-1/4||Benj'n Blanchard | do. | 3/4Jno. Griffith |Gun'r | 1-1/4||Bryan McKeneys | do. | 3/4Jno. Gillmore | Mate | 1-1/4||Joseph Frisle | do. | 3/4Robt. Little |Carp'r | 1-1/4||Jno. Smith | do. | 3/4Duncan McKenley|C Q Mr. | 1 ||Saml. Kerby | do. | 3/4Jams. Ogleby |Gun'rs | ||Peter McKincking | do. | 3/4 | Mate | 1 ||Saml. Henderson | do. | 3/4Jere Harman |Mar'r | 1 ||Tim. Northwood | do. | 3/4Foelix Burn | do. | 1 ||And'w Warden | do. | 3/4John Webb | do. | 1 ||George Densey | do. | 3/4Alex'r Henry | do. | 1 ||James M'Gown | do. | 3/4Wm. Higgins | do. | 1 ||Gideon Potter | do. | 3/4Jas. Barker | do. | 1 ||Saml. Bourdett | do. | 3/4Rich'd Righton | do. | 1 ||Nath'l Gwinn | do. | 3/4James Hays | do. | 1 ||Flora Burn | do. | 3/4James Avery | do. | 1 ||James Welch | do. | 3/4Tulip May | do. | 1 ||Jno. Brown | do. | 3/4Thos. Fryer | do. | 1 ||Wm. Jackson | do. | 3/4Jno. Waters | do. | 1 ||Jos. Marshall | do. | 3/4Jno. Vanderhyde| do. | 1 ||Quinton Sommerwood| do. | 3/4Jno. Arnold | do. | 3/4|| | |Jno. Elderidge | do. | 3/4||Jno. Evergin | do. | 3/4Wm. Frisle | do. | 3/4||Rich'd Norton | do. | 1Ephraim Read | do. | 3/4||Ned Almy |Cook | 1Evan Morgan | do. | 3/4||Dan'l Walker |C. Mate| 3/4Jno. Holmes | do. | 3/4||Joseph the S'v't | | 1/4Jno. Bennett | do. | 3/4||Aug'ne |pris'r |Jno. Wyld | do. | 3/4||James Jennings |Mar'r. | 3/4Hump'y Walters | do. | 3/4||Saml. Nixon | do. | 1Wm. Austin | do. | 3/4||_Revenge_ |Sloop |14Jno. Swan | do. | 3/4|| | | | |------|| | |------- | |36-1/2|| | |74-3/4------------------------------------------------------------------

_Abstract of the Shares of the Revenge. _

Officer draws 13-1/4 SharesWhole 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 14The 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 £37. 5. 6To Ditto for Cash Lent 14. 10. To Humphry Walters for 5 yds. Oz'g. 1. 2. 6To Timothy Northwood for do. 1. 2. 6To John Elderidge for do. 1. 7. -------- £55. 7. 6 N. E. C. --------

_Arms . . . Dr. To the Owners. _

To 40 Guns att R. I. By 39 Guns to the people. To 40 pistoll at do. By 1 to make a monkey. [69]To 40 Cutlasshes at do. By 1 broke by the Thunder. To 19 Guns att N. Y. By 38 Pistols to the people. To 15 Cutlasshes at do. By 38 Cutlasshes to do. To 15 pistolls. By one to Ephraim Read a pistoll. By one pistoll to Benjn. Blanchard. 59 Guns } 41 do. By one to Jno. Arnold. 55 pistolls } 42 do. By one do to Joshep Marshall. 55 Cutlashes } 39 do. By one Cartouch box to do. 

[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 MainSail and scuded under Our foresail to Gett Clear of the Keys, the Windblowing very hard. 

_Saturday 5. _ Att 4 PM. Brot. Too under ballast[70] main-Sail. It blewa meer hurricane. Provisions Expended Since the 5 Aug'st: 7 bb. Ofbeef, 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 ofOur Main Sail. Hope to God to have fine weather. Gott Clear of theReefs and Hurricane which was terrible. Very few Godly Enough toReturn 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 Suitof Sails for her. 

_Tuesday 8th. _ The Weather as above. Opened a bb of flowr. Arms tothree New hands Shipt att providence, Viz Jno. Arnold, Nath Gwinn, andJno. 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 andTim'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 withLetter 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. TheJoyners made an Arm Chest to Carry in the pinnace when we Go on theLook out. Lattitude per Mas'rs Obs'n 24:32. 

_Saturday 12. _ Fresh breezes of Wind with some Squalls of Rain. Att 11AM. The Capt. Saw the Land off the poup. It was the Crocassess. [71]

[Footnote 71: Caicos, probably; rocky islets at the southeast of theBahama group. ]

_Sunday 13th. _ The Capt. Gave the people a Case bottle of Rum for aTropick bottle[72] for his pinnace. The people Chrisned her and Namedher the _Spaniards dread_. Att 11 AM. Made the Land of Hispaniola andthe Island of Tortudas. [73] We have now Gott in Cruizing Ground, theLord send Us Good Success against our Ennemies. Squally Rainy Weatherfor the most part of these 24 hours. 

[Footnote 72: A bottle with which to celebrate the "crossing of theline" of the Tropic of Cancer. ]

[Footnote 73: Tortuga, north of Haiti. ]

_Munday 14th. _ Hard Gales of Wind. Brought too off of trotudas UnderOur foreSail. Att 5 AM. Saw a Sloop bearing down Upon us. Gott allthings Ready to Receive her. Fired Our bow Chase then Hoisted our Jibband 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 attNo. Opened a bb. Of beef and a tierce of bread. 

_Tuesday 15. _ Still Under Ballast-main Sail. About 5 AM. The Galeabated. 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. Cruzingoff of Cape Maze. Delivered to Saml. Nixon a New hand a Gun andCartouch Box, to Marshall a pistoll and Cartouch box he having Losthis that he had found him before, to Ephraim Read and Benjn. BlanchardEach a pistoll theirs being broke, and to Humphry Walters a Cutlasseshaving lost is [his] Given him before, all which Arms they are to payfor. 

_Thursday 17. _ Still Cruizing as above. Att 7 PM. Saw 2 Sloops, one onOur Starbord and the other on the Larboard Bow, steering No. West. Wefired Severall Shott to bring them too but one of them was Obstinate. Capt. Hubbard brot. Too att the first Shott. He was Come from Jamaicaand bound to York. He Informd Us that there was a large fleet JustArrived from England to Join the Admiral, that Admiral Vernon was Goneto St. Aga[75] de Cuba, that there was a hott press both by Sea andLand, and that the Spanish Admiral with a Large Man of Warr was blownup att the Avanah, [76] which News We hope is true, that the otherSloop was one Capt. Styles bound also to York and Saild in Comp'y withhim, that there was a Ship also to Load, [76a] which we Saw with aSchooner, 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 sailVessell, the Master Going to Mast-head to See what Course she Steer'dhad the misfortune to break his Arm Just above his wrist. Gave theVessell Chase as farr as Inagua Island[77] where she brot. Too. Wemade 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 theCustoms of Nantz. We went aboard in his Yawl and found his CargoAgreeable to his Bills of Lading and Manifest togather with hisClearance, so lett him past. He Informed Us that there was a Brigt. Belonging to the Spaniards att Lougan that Came in there by disstresshaving Lost his Mast, Which Gentleman we hope to have the Honour todine or Sup with before Long. He further told Us that the Last NorthWind had done Great damage having drove Severall Vessell to Sea allUnrigged. 

[Footnote 75: Santiago. Vernon and Wentworth, having failed to takeCartagena, were now planning an attack, which proved to be equallyunsuccessful, on Santiago de Cuba. ]

[Footnote 76: The _Invencible_, flagship of Don Rodrigo de Torres, wasstruck 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 notperish. ]

[Footnote 76a: Leeward. ]

[Footnote 77: A large island in the southern Bahamas. ]

[Footnote 78: Léogane in Haiti (French). ]

_Friday 18th. _ Calm Weather for these 24 hours. Opened a bb. Of beefand a bb. Flowr. Att 5 AM. Saw two Sails Under Cape Nicholas[79] butcoud not speak with them it being start[80] Calm. The Mas'r is in afair 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 afrench 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. HerQuarters were all Stove in and her head Carried away and neitherAnchor nor Cable aboard but perrishing for want of water. She had 16hands aboard and but one Sailor, which was the Master. She had onboard 30 hhds. Of Sugar, one hhd. And a barrell of Indigo, 13 hhds. OfBourdeaux Wine and provisions plenty. We ordered his boat on board. Assoon as the Master Came over the side he fell on his knees and beg'dfor help and told us his deplorable Case. We Spared him some Water andput one of Our hands aboard to Navigate his Vessell he being an IntireStranger on the Coast. He kept Comp'y with Us all Night. The Mas'rSent us a hhd. Of Wine. Att 5 AM. Saw the Ship a League to Windward ofUs. We then made in for the Mole by Cape Nicholas[81] and she Steeringafter Us We bro't her in, but the Wind Coming ahead and his Ship outof trim coud not work up as far as We, So she Came to an Anchor aLeague below Us. The Capt. Of the Ship is named Doulteau, the Ship _LaGenereuse_ from Rochell in france, Dutch built. Opened a bb. Pork anda bb. Flowr. 

[Footnote 81: The mole which gives the port its present name ofMole-Saint-Nicolas. ]

_Munday 21st. _ Our Lieut. Went ashoare to see if he coud kill anyCattle, with 2 more hands. Some of the people went to find water, found 7 Wells, Cleared them. The people on board being in fishingCought abundance of fish. Some of Our hands compl[ained] they werepoisoin'd by Eating of the fish. Att 6 AM. Our pinnace went to theShip to tow her Up, but the Sea breeze Coming in fresh was obliged tomoor her as well as we Cou'd. 

_Tuesday 22d. _ The Capt. Sent me a board the Ship to know if theywanted any Assistance. Att 9 PM. They fired a Gun and hoisted a Lightfor the pinnace to Come on board to tow them up. The Capt. Sent herwith 20 hands and towd her above where we Lay and moor'd her head andStern free from all dangers. Our people very busy in wooding andwatering. 

_Wednesday 23. _ Att 6 PM. The Master of the Ship, Chas. Tesier, Cameon board to Return Our Capt. Thanks for his kind Assistance andOffered him any thing he might have Occasion for. He Gave the peopleanother hhd. Of Clarett and some Sugar and a Quarter Cask for theCapts. Own drinking, also 6 Lenghth of old Junk. [82] Att 6 AM. Leftthe 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. JohnWebb 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 UnderOur fore Sail. Att 7 AM. Hoisted Our main Sail and Sett Our Jibb. 

_Friday 25. _ Fine Moderate Weather. Gott on Our Cruizing Ground theNo. Side of Cuba. 

_Saturday 26th. _ About 5 PM. Thought we Saw a Vessell att Anchor Underthe Land. Lay off and on till 5 AM. Then Saw 2 Sails, a brig'ne and aSloop. Gave them Chase, the Sloop laying too for Us and the brig'nemaking the best of her Way to Leaward. We presently Came up with theSloop and when in Gun Shott hoisted Our pennant. The Compliment wasReturned 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 weChearfully Returnd with another. We then tackt, she dropping aStern, and bore away before the Wind Crowding all the sail she Cou'd and Wedoing the Like. Came again within Gunshott. In the time of Chase weShifted Our Bow Guns to Our fore ports and they had Done the like withtheir After Guns to their Cabbin Windows, pelting of Us with theirStern Chase and we pepering of them with Our fore Guns, So that afterseveral brisk fiering they att Last struck. We Ordered his Canoe onboard which was directly Mannd. The Capt. Came on board and deliveredhis Commission and Sword to Our Capt. And Surrendered himself aprisoner of War. [83] he was desperatly Wounded in the Arm andseverall small Shott in his head and body. Three more of his hands waswounded and one Negro boy Killed. This Vessell was fitted out inNovem'r Last from the Avanah and had been on Our Coast Early in theSpring and had taken severall Vessells and bro't them to the Avanahand was again fitted out last August and had mett with Good Success onthe Coast of Virginia as per Acct. Hereafter mentioned. She mounted 6Guns 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 weCou'd Crowd after the Brigt. Which by this time was almost out ofSight. The damage we Received was not much. Only one man Slightlywounded in the Engagement by a Splinter, John Taylor, two more by anAccident a peice Going off after the fight and shott them both in theArm. We Received upwards of 20 Shott in Our Sails, 2 through Our Mastand one through Our Gunnell port and all This day the _Revenge_Establisht her Honour having almost Lost it by Letting the otherprivateer Go off with them four Ships as is mentioned before. In chaseof the Brigt. Who is making for the Land. 

[Footnote 83: Captain Ponch (Ponce?) he is called in doc. No. 149, andthis identifies him with the Captain "Paunche or some such name" whomJohn Grigg, mariner, of New York, saw at Havana when a prisoner therein 1742-1743, "the same", he says, "who was some time since taken byCaptain Norton, and carried into Rhode Island, whence he got to theHavannah, And who is a person sayd to be well acquainted with thesecoasts". Affidavit in _N. Y. Col. Docs. _, VI. 244. ]

_Sunday 27th. _ Att 4 AM. Came up with Chase. Fired two Guns and bro'ther too. She was taken by the privateer 23 days before in the Latitude26 No. Coming from Barbadoes Loaded with Rum, Sugar and some baggs ofCotton, Commanded by Thomas Smith, bound to Boston. Her Owners areMessrs. Lee and Tyler Merchts. There. [84] she had on board 5 Spaniardswhich we took aboard. 

[Footnote 84: Thomas Lee of Salem and Boston (H. C. 1722) and JohnTyler, 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 verballOrders to follow Us till we Coud Gett Letters wrote to Send her toRhode Island to Capt. Freebody. Opened a tierce of bread. 

_Tuesday 29. _ Lost Sight of both prizes. Lay too best part of the foreNoon to Lett them Come up with Us. 

_Wednesday 30th. _ Saw Our prize. Bore down upon her. Ordered her Canoeon board, the C Q M[85] went on board to fetch her powder and otherStores out of her. Left but Six hands on board to Navigate her, withVerball Orders to keep us Comp'y. Had a Vandue of old Cloaths whichamounted to 101 ps. 8/8 as per Leidger. No News of the Brig'ne. WeSuppose 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 withthe Sloop. Brave Living with Our people. Punch Everyday, which makesthem 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 theCondemnation of Capt. Stockings Sloop. Died on board the prize a Negroboy. 

_Friday 2d. _ Att 6 AM. Saw a Ship Under the Land. Stretchin[g] for herwe Saw aShore a french Pennant and English Ensign. Hoisted Our SpanishJack att Mast head and Sent Our pinnace aboard to discover what itwas. 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 andhad put a Lieut. And 10 more hands with 5 Englishmen to Carry her tothe Havanah, but the Spaniards Run her ashoare apurpose. We bro't offthe five Englishmen. The Spaniards having Run for it we Caught one andbro't him on board. Sent Our prize alongside of her to Gett what Goodswe 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, weLaying off and on. 

_Sunday 4th. _ Opened a bb. Of beef. Put the following hands on boardthe prize With Orders to the Master which are as underneath written. The people on board Are John Webb Masr. , John Evergin Mate, TimothyNorthwood, James Hayes, Wm. Jackson, Joseph Marshall, John Elderidge, James Jennings and a Bermudian Negro which was taken prisoner in afishing boat off of Bermudas by the Spanish Capt. (as Mariners) andone Mollatto prisoner belonging to the Spaniards. Gave them a bb. Ofbeef and a bb. Of pork. 

 Latitude 22. 50 No. Octo'r 4th, 1741

 Mr. John Webb

 You being Appointed Master of the Sloop _Invinsible_, Late a Spanish privateer Commanded by Capt. Don Fransoiso Loranzo and taken by me and Comp'y, We Order You to keep Comp'y with Us till further Orders, But if by some Unforeseen Accident, Bad Weather Or Giving Chase We shou'd Chance to part Then We Order that You proceed directly with said Sloop and Cargo to Rhode Island in New England And if by the providence of God You Safe Arrive there You must apply to Mr. John Freebody, Merch't there, and deliver Your Sloop and Cargo to him Or his Assigns. 

 You are also Ordered to take Care that You Speak to no Vessell nor Suffer any to Speak with You during Your passage nor Suffer any disorders on board but to take a Special Care of the Cargo that none be Embezled. And if Weather permitts You must be dilligent in drying of the Goods on board to hinder them from Spoiling etc. Wishing You a Good Voyage We Remain Your Friends

 BN

 DM

 _Coppy of the Letter Sent to Capt. Freebody per John Webb in the Sloop. _

 _Sr. _

 I hope my Sundry Letters Sent You by different hands are Come Safe. My first was from the hook[89] Acquainting You what Number of hands had on board the time of Sailing for Providence, togather with an Acct. Due from the Company to the Owners. Att my Arrivall att Providence I wrote You of my safe Arrival there and what Success we had mett with in Our passage and delivered the Letter to Capt. Freeman, Bound to Boston in a Schooner. A few days after had an Opportunity of Informing You of an Unfortunate Accident which happened to Us by thunder and the damage it had done Us. That went per Capt. Barrett Via So. Carolina inclosed in a Letter to Mr. Henry Collins, Sent to Mr. Steed Evance, who was desired to forward it to him. The Last was per Capt. Green, bound to Boston in the Sloop we had taken, Sold to Capt. Thomas Frankland, whose first bill of Exch'ge for £540 NEC drawn by him on his Brother, Messrs. Frankland and Lightfoot, Merch's in Boston, togather with the Amount of what we Received for Salvage for Retaken that Sloop was Inclosed. 

 [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 £5 Ster. Per head. We also desire that the Vessell may not be Condemned till Our Arrivall but only Unloaded and a Just Acct. Taken of what on board. As to the Brigantine, the Capt. Of her, whom we put in again out of Civility, has Used Us in a Very Rascally manner, for he Run away with the Vessell from Us in the Night and no doubt with a design to Cheat Us of Our Salvage, which is the one half of Brig and Cargo, the Enemy having had possession of her 22 days. As she is a Vessell of Value, hope You'l do Your Endeavours to Recover Our Just dues and Apply to the Owners who are, as we are Credibly Informed, Messrs. Lee and Tyler of Boston, both Under the State of Conviction Since the Gospell of Whitefield and Tennant [h]as been propagated in New England, [92] So that we are in hopes they will Readily Give a Just Acct. Of her Cargo and her true Value and Render to Caesar the things that are Caesars, which is the Moral preachd by Whitefield. 

 [Footnote 92: An allusion to the "Great Awakening", and to the revivalist preaching of George Whitefield in Boston in the autumn of 1740 and of Gilbert Tennent in the ensuing winter. Tyler at any rate (John Tyler of Boxford and Boston) seems certainly to have been affected by the "New Light" movement, for in 1745 the Second Church in Boxford suspended him, among others, for "receiving into their houses Itinerant Preachers and holding meetings in opposition to the repeated entreaties of their Brethren". _The Tyler Genealogy_, I. 43. ]

 As this will Require a Law Suit I hope You'l Gett the best Advice You possibly Can and Gett her Seized if att Boston or Else Where and Gett her Condemned. She was designed to be Consign'd to You and the Master Sent on board to take possession and Gett things in Order to Sail, whilest we were Getting Letters wrote and bills of Lading with a hand to Go with him, but he Gave Us the Slip. So Relying on Your Care we don't doubt but you'll Recover her and add her to the privateer prize. The Brig'ne was Called the _Sarah_, Commanded by Thos. Smith, had on board 11 hhds. Of Rum, 23 hhds. Of Sugar and 12 bags of Cotton. She was Well fitted with 4 Swivells, one Gun and other Stores, a New pink Stern[93] Vessell. One of Our hands he Carryed with Us[94] whose Name is Jerem'h Harman, who no doubt will Acquaint You of the whole Affair. We hope you'l Shew no favour to the Capt. For his ill Usage and Gett a Just Acct. Of his Venture, which one half is our due. This Affair is Recomended to You by all the Company and hope that you'll Serve to the Utmost of Your powers, not doubting in the least of Your Justice and Equity. 

 [Footnote 93: Sharp-sterned. ]

 [Footnote 94: Error for, with him. ]

 Inclosed You'l Receive Capt. Frankland['s] 2 Bill of Exchg. On his Brother for £540, also a List of what Vessells taken by Fransoiso Loranzo Since he first went out on his Cruize, which You may Use att pleasure Either to publish or Conceal. We are still Cruizing on the No. Side of Cuba and are in hopes of Getting something worth while in a Short time. All in Good health. So having no more to add but My Kind Remembrance to all friends, I Remain

 S'r, Y'rs, BN. 

_Munday 5th. _ Fine moderate Weather. The Comp'y Gave the Capt. A NightGown, 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 Clothwhich Cost him 28 ps. Of 8/8 which is Carried to his Acct. In theSloops 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 onboard 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, betterknown as the second earl of Sunderland. A night-gown in 1741 was adressing-gown. ]

Expended this month: 7 bb. Beef, 3 bbs. Of pork, 6 bbs. Flour, 2tierces of bread. 

_146. Account of the Crew with the Owners. October 30, 1741. _[1]

[Footnote 1: Massachusetts Historical Society. It is hard to interpretthis account. It will be seen that £1776 16s. 9d. New England currencyis 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 ofdepreciation was certainly much higher. In January of that yearGovernor Ward of Rhode Island reports to the Board of Trade, "that forthese six years last past, bills have continued to be equal to silverat twenty-seven shillings per ounce". _Col. Recs. R. I. _, V. 13. Andthe 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 £1698. 6. 3 1886. 4

To Rum and Sugr. Bot. Att provid'ce. 39. 12. 44. 

To cash paid Mr. Stowe per B. N. 19. 11. 6 20. 1

To do. For prison fees for a Negro and Mollo. Slaves. 4. 19. 5. 4

To John Wright for frock andtrowsers. 1. 7. 1. 4

To Cash paid for Storedge of theprovisions. 7. 4. 8. 

To a bb. Of Pork. 5. 17. 6. 4 ------------------------- £1776. 16. 9 Ps. 8/ 1972. 1

Cr. 

By Cash Recd of Mr. Moon £137. 5. 152. 

By a bill of Exchg. Of Capt. Frankland 540. 600. 

By ditto pd. Per the Compy. Qr. Mr. 3 mens Share who were discharged 8. 2. 9. 

By a bb. Of tarr 2. 14. 3. 

By Cash for three mens share of the provs. Expended 16. 4. 9 18. 

By Cash Recd of Mr. Stone for part of a Negro Sold to him 21. 12. 24. 

By Cash Shipt per Capt. Pittman, Vizt. Gold--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 £3. 5. Ster. Advce. 13. [3] 16. 5 NECy 16. 5 18. 1 139 mild[4] ps. Of 8/8 166. 16. 139. ------------------------ 1476. 14. 6 1594. 

By ball'ce due per Acct. By the Comp'y 300. 2. 3 378. 1 ------------------------- £1776. 16. 9 1972. 1 -------------------------

Errors ExceptedOctober the 30th, 1741Per P. Vezian Capt. Qr. Mr. 

 133 Mild ps. 8/8 5 Piller ps. 8/8[5] 1 french Crown[6]£3. 4s. 0d. English Mony. 

 Sent by Robert Griffin to New York

133 Mild ps. Of Eight £53. 4. 0 54 Moydores in Gold at 44s. [7] 118. 16. 0 --------- New York Mony £172. 0. 0

[Footnote 2: The moidore and the johannes were Portuguese coins, thepistole Spanish. The moidore was worth six pieces of eight, thepistole 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 (ormultiply by five) to bring the sum from sterling to New Englandcurrency, at the rate here assumed; £3. 5s. Sterling was really worthonly about 15 pieces of eight. ]

[Footnote 4: Milled. ]

[Footnote 5: Spanish dollars on which appeared pillars symbolizing thePillars of Hercules. ]

[Footnote 6: An écu of six livres, = $1. 08. ]

[Footnote 7: The moidore is here reckoned at 44s. New York money; itis 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 effectivelythe papers given to the Massachusetts Historical Society by ProfessorNorton. ]

At a Court of Admiralty holden at Boston before the Hono'ble RobertAuchmuty, 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, inbehalf of himself and Benjamin Norton, Owners of a Privateer SloopCalled the _Revenge_, and as Agent for and in behalf of the Officersand Mariners Belonging to sd Sloop, Humbly Sheweth to your Honour thatthe Said Vessell, Under the Command of said Benjamin Norton, MannedWith Sixty Men, Officers and Marriners, Sailed Out on a Cruize fromNewport in Rhode Island Against the Spaniards in June last, and in theLatitude of Thirty Degrees North, About Twenty Leagues from theHavannah, near the Island of Cuba, they met with a Spanish Privateerof Six Carriage Guns and ten Swivel Guns, with men Answerable, On orabout the 26th day of September last, which Privateer had AboutFourteen days before that taken a Briganteen called the _Sarah_, withher Cargo, Consisting of Ten Hogsheads of Barbadoes Rum, SixteenHogsheads of Brown Sugar, Sundry Bales of Cotten, Being in all aboutOne Ton and a half, together with Ten Barrells of Sugar and AboutTwenty barrells of Limes, Altogether of the Value of Five thousandPounds in Publick Bills of Credit Usually Current here, which Vessellwas Owned by John Tyler and Thomas Lee, Subjects of the Crown of GreatBritain and now Resident in this Place, as was also part of the saidCargo as Enumerated, the Rest belonging to Other Subjects Liveing alsoat Boston but Unknown to the Complainant, and the said Sloop _Revenge_Engaged and took the said Spanish Privateer and at the Same timeRetook the said Briganteen And Cargo and Redeemed the master, whosename 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 afortnight in the hands of the Spaniards as their Prize, the saidBenjamin Norton put one of his hands aboard and Order'd the saidVessell to proceed directly to Newport To be Restored to the Ownersupon paying as Salvage One Moiety of said Briganteen and her Cargo, pursuant to an Act of Parliament Made and Passed in the 13th year ofthe Reign of his Present Majesty King George the Second Entituled anAct for the more Effectual Secureing and Encourageing the Trade of HisMajesties ---- British Subjects to America and for the Encouragementof Seamen to Enter into his Majesties Service, [2] Whereby AmongstOther things It is Provided and Enacted to the following purpose andEffect, vizt. That the Vessells and Goods of British SubjectsSurprized and Retaken from the Enemy, if by a Private man of WarCommissioned properly thereto, In Case the Vessell and Cargo had beenAbove Ninety Six hours in the Possession of the Enemy that took thesame, then to be Adjudged To be Restored to the Owners, they payingfor and in Lieu of Salvage One full Moiety or half part of saidVessell and Goods so taken And Restored, without any deductionWhatsoever, as in and by the said Act, Reference thereto being had, more fully may Appear. Now So it is that notwithstanding saidBriganteen and Cargo had been taken as A Prize by said SpanishPrivateer and in their possession as such For twelve or Fourteen daysbefore she was Retaken by the said Benjamin Norton, who was properlyCommissioned thereto in said Sloop _Revenge_, yet the said ThomasSmith, to Defeat the said Act And deprive the said Compl't[3] togetherwith said Norton and Crew of their Right and due as Abovesaid, Contrary to the mind of One Jeremiah Harman who was on purpose left insaid Briganteen to Proceed therein and Assert their Right thatSurprized and Retook her, Yet the said Thomas instead of Proceeding toNewport as intended Came in said Vessell and with the Aforesaid Cargoto this Port of Boston, Where they Arrived in Safety in saidBriganteen and with the Aforesaid Cargo on or about the 23d day ofOctober 1741, and haveing turned the Said Jeremiah on shore haveUnladed and Delivered the said Briganteen Of her Cargo and Effects andis now Preparing to send with the Owners Consent Or go with the saidBriganteen on a New Voyage Directly, without haveing Obtained AnyDecree of this Court as the Act directs or made Application therefore, nor will the said Master Thomas Smith and Owners, tho' requested, payand give the said Moiety of the Vessell and Cargo so Retaken or anypart thereof to the Complainant For the Uses and purposes abovesaid. Wherefore this being of a Maratime nature and regarding a Vessell andCargo retaken on the High Seas, Expressly falls within theJurisdiction of this Hono'ble Court. It's therefore pray'd your honourwill cause the said Vessell and Cargo so Retaken to be Seized and Keptin the hands of the Marshall till a final Decree may be made on thepremises Pursuant to Said Act, and that the said Thomas Smith, JohnTyler and Thomas Lee may be Summoned in Case they or any of them seefit to Appear and Answer this Complaint, and that the Complainant mayObtain for the Uses and Purposes aforesaid your Honours Decree for OneFull Moiety or half part of said Brigantine and her Cargo or beOtherwise 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 forand in behalf of said master, Officers and Seamen belonging to theSloop _Revenge_. 

1741 Nov'r 5th filed and Allow'd and Ordered that the Vessell andCargo be Arrested and Kept in the Marshalls Custody untill Security begiven to Abide the Event of the Case, and that the Aforesd Owners andMaster Be Cited to Answer this Libel on Monday next at three aClockp. 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 aboutthe latter end of June or the beginning of July last he sailed fromNew York In a Privateer Sloop Called _The Revenge_ Commanded by Capt. Norton on a Cruize Against the Spaniards and in the month of Sept'rlast in the Old Streights of Bahama[2] they saw a Sloop laying toowith a Jib Sheet to Windward And the Goose wing[3] of her mainsailhauled up and her foresail hauled down, Upon which We gave her Chaseand upon Comeing within Gun shot of us she Hoisted a Spanish Flaggupon 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 ofsaid sloop she fired at us again, upon which we hoisted An EnglishPendant Upon the Topmast head and then we Engaged her, And in abouttwo hours and half we took her and found a Spanish Commission Onboard her and then we took Out of the Spanish Privateer about fourteenSpaniards and put them on board Our Sloop and put some of Our menaboard The Spanish Sloop and then both Sloops gave Chase to theBrigantine and In about three or four hours Our sloop came up with theBriganteen and fired One or two Guns, upon which she brought too andstruck and then we took possession Of her, at which time this Depon'twas Credibly Informed as well by Capt. Smith as his men and allConcern'd that she had been taken as a Prize by The Spaniards and Keptin their Custody Eleven days before she was Retaken By them, Whereuponthe Quarter master and One hand more went on board the Said Briganteento take possession of her as a Retaken Vessell. Capt. Norton ThenOrdered Capt. Smith on board his Own Brig't with his Company, and ThisDepon't was also Ordered by the Quarter master and Company of the_Revenge_ Sloop to go on board said Briganteen to Secure and lookafter their Interest, With Orders to keep them Company Untill somefarther Disposition shou'd be Made, which was Intended to be done thenext day, but so it happened by Some Misadventure or Contrivance tothis 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 Smithand Company Alledging they shou'd be short Of Provisions Steer'd theirCourse towards Rhoad Island and in About Eight days After, in theGulph of Florida, [4] we Came up with a large Merchant man as deepLaden as she Cou'd well Swim, she Standing in For the Westward and webeing very near the florida shore Cou'd not Weather her and when shecame up with us she fired a shot Over us, Upon which we brought tooand then Ordered us to Come on board them In Our boat, but upon ourtelling them we had no boat they sent their Boat on board us withtheir Pilot and Severall Others, who staid on board That night and thenext day. About the midle of the Afternoon they Left us After haveingplundered the Brig't of One barrell of Sugar, three Small Sails, aSheet and Small Anchor, the sheet Cable[5] and Sundry Small Stores oflittle or no Value. Whereupon Capt. Smith took upon him to Order TheBrigantine to Boston, Capt. Smith at the same time telling thisDepon't He shou'd have mates Wages, And upon their passage Comeingnear Block Island, Capt. Smith refus'd to go into Rhoad Island th'oRequested by the Depon't And Afterwards they put into Martha'sVineyard, where Capt. Smith Sold Rum and Other things to Cloath hispeople and then made his best Way for Boston where they arrived on orabout the 23d of October last When they discharged this Depon't assoon as they well Cou'd and gave him Some money and told him to Goabout his business. 

JEREMIAH HARIMAN. 

[Footnote 2: Commonly called the Old Bahama Channel, lying between theJardines del Rey, or north coast of Camaguey province, Cuba, and theGreat 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 madeOath 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 theBriganteen _Sarah_ as follows vizt. That on the 17th day of Septem'rlast 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 CargoConsisting of Rum, Sugar, Cotton and money to the Value of AboutEighty Six Pounds Sterling by divers Subjects of the King of Spain ina Privateer Sloop mounted with Sixteen Guns Commanded by One Capt. Ponch[2] manned with upwards of Forty men, who took Out of the saidBriganteen all the Aforesaid Money and Continued all the Rest Of theCargo on Board of her, and the said Spanish Privateer Ordered theDepon't And four of his men on board the said Sloop and put some oftheir men on board The said Briganteen and turned her Long boat adriftand the said Sloop and Briganteen were Ordered to Keep Company withOne Another and Steer for the Havannah and the Spaniards plunderedsaid Briganteen both of Rum and Sugar And on the 26th of saidSeptem'r, said Briganteen being in the Old Streights of Bahama, Capt. Benjamin Norton in a Privateer Sloop from Rhoad Island Came up withthe Aforesaid Spanish Privateer and the Depo'ts Briganteen, Took thePrivateer and Retook the Brig't and Cargo and the said Norton took Allthe Spaniards out of said Sloop and Brig't and put them on board hisOwn Sloop and the Depon't Saith that Capt. Norton's Quarter mastertook out of his Brig't Some Cloaths, a Rug and Blankett, which wasupon freight, Contrary to this Depo'ts Request, who told him saidthings were upon freight, and said Quarter Master also took from thisDepon't forty pieces of Eight. Capt. Norton then Ordered this Depon'ton board his Own Brig't with his own men and ordered the Depo't tokeep him Company and Proceed to Rhoad Island. At The same time OneJeremiah Hariman, one of Capt. Norton's men, came on board The saidBriganteen, but the wind being fresh and a very strong Current SettingCapt. Norton Outsailed the Brig't, who fell to Leward on the BahamaBanks[3] In About five fathom water and lost Sight of Capt. Norton fortwentyfour Hours and then Stood for the Gulph, [4] designing for RhoadIsland, but in their Passage thither on the fourth day of October atTen 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 SixGuns and Navigated with About Twenty five Men in the Gulph, Commandedby one Barnard Espinosa who was also Owner of said Ship, who came fromthe Havannah and was bound for the Canaries, Who took and made Prizeof this Depon'ts Vessell and Cargo, put this Depon't and His men onboard the said Spanish Ship and put his Own men on board theBriganteen to plunder her, and the said Ships Crew took Away the saidBriganteens Jib, forestaysail, Sheet Cable and Anchor, five GreatGuns, four small Arms, Maintopstaysail, Runners and [_illegible_]Stream Anchor, [5] two crows and all the Iron they could remove, andalso some Sugar, Rum, Cotton, Wool, two coils of Rigging, and SundryStores Particularly mentioned in a Schedule, Lodged in Court, and alsotook of the said Briganteens Cargo five packets of Cotton, twohogsheads and half of Rum, One hogshead and four barrells of Sugar andSeven hundred weight of Loaf Sugar, and also Carried with Him in saidShip the mate, one hand and a Boy belonging to said Brig'n, In Orderto Carry them into the Territories of the King of Spain to Shew Thatthe Vessell and Cargo so Plundered belonged to British Subjects, andOn the 5th of said October the said Espinosa gave this Depon't hissaid Briganteen at the Request of a Spanish Priest he had on board (heHaveing at first determined to set her on fire) as also the Remains ofher Cargo, vizt. Five hogsheads and half of Rum, four hogsheads andEight 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 Uponfreight, which he has since delivered to the Respective Owners, vizt. The nine hogsheads of Sugar to Wentworth and Monk, the five Packets ofCotton 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 chiefislands, toward Cuba. The vessels were proceeding northwestward towardthe Florida Channel. ]

[Footnote 4: Of Florida. ]

[Footnote 5: A runner was a rope rove through a block. A stream anchorwas an anchor of middle size, between a bower and a kedge. ]

and this Depon't further adds that when he met With the said SpanishShip he Ordered the aforesaid Jeremiah Hariman to Fire a Gun, hehaveing a Hot Poker in his hand, who Refus'd to do it But Instead ofthat he let go the Main Halliards and lowered the Mainsail, And Afterthe said Briganteen was taken by the Spanish Ship the said Harrimandesired to enter on board said Ship, Giveing for reason that he Was aRoman and had a wife at St. Augustine, [6] and this Depon't also heardThe Pilot of the Spanish Ship ask the Captain whether he would receivethe 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 furtherdeclares that he for Severall years has Understood the Spanishlanguage and that the hands on board the Spanish Ship were all of themSpaniards except the Pilot, who was an Englishman, and the Captain ofher Showed this Depon't a Paper which he Called a Letter of Marque andthis Depon't believes The same really was so. 

THO. SMITH. 

[Footnote 6: It is to be hoped that Captain Smith is misrepresentingHarriman, for Jeremiah Harriman was married to Mary Johnson in TrinityChurch, Boston, on Apr. 29, 1744, the intention of marriage havingbeen 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 Aforegoingin 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 andon the Seventh of Decemb'r Aforesaid his Honour the Judge gave thefollowing Decree, vizt. 

[Footnote 2: In English admiralty courts the two classes oflawyers--roughly, those who appeared in court and those who preparedthe papers--were called advocates and proctors, corresponding tobarristers and attorneys in the common-law courts. ]

This Case on the Evidence Appears to me shortly to stand thus: On the17th day of Sept'r last the Briganteen _Sarah_ in her Passage fromBarbadoes to Boston was taken by a Spanish Privateer. On the 26th ofsaid Month Capt. Norton in an English Privateer took the Spaniard andhis said Prize, puts one of his hands on board of the Briganteen andContinues Mr. Smith the Master and his Crew belonging to her on board, Ordering him to keep him Company and Proceed to Rhoad Island, but theBriganteen Not being Able to keep up with the English Privateer lostsight of her, And in her Passage for Rhoad Island on the 4th ofOctober was again taken By a Spanish ship, who plundered her thesecond time and Carrying with them the Mate, One hand and a Boy, onthe 5th of October Aforesaid was prevail'd upon to Give the Briganteenwith the Remains of her Cargo, etc. To the said Smith the Master, whobrought her to Boston, and now the Owners of the English Privateer andCapt. Norton and his Crew demand one half for Salvage according to theStat. In that Case (as they say) provided, and if they are Entitled tothe 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 forceof Arms is so Odious that in the takeing of Goods if by anyPossibility The Right Owner may have Restitution the same shall bedone, and th'o a Larger time than twenty four hours happen between theCapture And Recapture, and so may pernoctare[3] with the Captor yetRestitution 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 Owncharge, and Instead of pay leave is granted to Keep what they can takefrom the Enemy, and alth'o such License is Granted yet may they not oftheir Own heads Convert to their Private use Prizes before the samehave Been Adjudged by Law Lawfull to the Captors. 

3 ly. There are Two Adjudged Cases that may Contribute to the Clearingup 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 anEnglish man of war Meets the Dutchman of war and his Prize and inAperto Prelio[5] regains the Prize. There Restitution is made, theOwners paying Salvage, _for had it been a Lawfull Prize to theRecaptor the Admiral wou'd have had a Tenth_. The Second is where aShip Chartered in his Voyage happens to be taken By An Enemy, andAfterwards in Battle is Retaken by Another ship in Amity, AndRestitution is made and she proceeds on her Voyage. The Contract isnot Determined. Th'o the taken[6] by the Enemy divested the Propertyout of the Owners, Yet by the Law of War the Possession wasdefeazable, and being Recovered by battle Afterwards, the Ownersbecame Reinvested, so the Contract by [fiction] of Law became as ifshe never had been taken and so the Entire freight Became due. 

[Footnote 4: It is difficult to identify these cases, for volumes ofreports of admiralty decisions were not published until the beginningof Christopher Robinson's _Reports_ in 1798, and not many earlierdecisions have since been reported; but the first of the cases herereferred to may be one of the two, those of the _Laurel Tree_ and the_Palm Tree_, on which Sir Leoline Jenkins rendered, in 1672, opinionswhich 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 theAct 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 Pointbefore me, and am of Opinion the Prepon'ts are Not Entituled to AnySalvage, for that the Owners were never Absolutely Divested of theirProperty, as may fairly be Collected from what has been Beforementioned. Its true the Prepon'ts had a Right or Claim to Salvage Onthe Recaption, but before that right Cou'd be Adjudged lawfull to theRecaptors the Briganteen was again taken by a Spaniard, which puts anEntire End to Salvage for a former Recaption, because Retakeing andRestitution begets Salvage but the Prepon'ts Retakeing is lost by theEnemies Again takeing the Brig't, and in Fact its the Enemy that madethe Restitution. Therefore I decree the said Libel to stand dismist, but inasmuch as the Prepon'ts have been in Part Instrumental towardsthe Preservation of the said Briganteen and th'o not Strictly Speakingby Law Entituled to Salvage and the Case being New, I decree theDef'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. Opinionsmight well differ, as did those of the civilians consulted in London, doc. No. 153. High authorities declared that when a prize had beentaken into firm and secure possession, the title of the originalproprietor was completely extinguished, and was not revived by arecapture (The _Ceylon_, 1 Dodson 105). But as to English practice, the civilians of Doctors' Commons certified in 1678 that the custom ofthe High Court of Admiralty was to restore the recaptured vessel tothe 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, withenlargement of salvage when the enemy's possession had lasted longer;see doc. No. 145, note 61. But this present case was, or purported tobe, a case of a _second_ recapture. A note in 4 Chr. Robinson 217shows three cases in 1778, 1780, and 1781, of British prizesrecaptured by the French, then captured again by the British; in onecase the House of Lords awarded the vessel to the first captor, in theother two to the last. Justice Story, in one of his notes in 2Wheaton, app. , p. 46, says, "Where a hostile ship [_e. G. _, Smith'sbrigantine when first encountered by Norton, in Spanish hands] iscaptured, and afterward is recaptured by the enemy, and is againrecaptured from the enemy, the original captors [_e. G. _, Norton] arenot entitled to restitution on paying salvage, but the last captors[_e. G. _, Smith] are entitled to all the rights of prize, for, by thefirst recapture, the whole right of the original captors is devested";and he refers to the _Astrea_ (1 Wheaton 125), where Marshall in 1816so decided, with as much emphasis as Sir Leoline Jenkins laid on anopposite doctrine in 1672. In 1741 doctrine was in transition from theearlier to the later view. ]

_151. Appeal in Prize Case. December 8, 1741. _[1]

[Footnote 1: Records of the Admiralty Court, Boston, "vol. V". From1628 to 1708 appeals in prize cases from the sentences ofvice-admiralty courts in the colonies had been heard in England by theHigh Court of Admiralty; since that date, they had, in accordance with6 Anne ch. 37, sect. 8, been addressed to a body of persons speciallycommissioned for the purpose, called the Lords Commissioners of Appealin Prize Causes. See the memorandum of Strahan and Strange (1735) inF. T. Pratt, _Law of Contraband of War_, p. 295. A commission (1728)for the trial of such appeals is printed in Marsden, _Law and Customof the Sea_, II. 267-270. ]

1741, Decem'r the 8. John Overing, Esq'r, [2] Advocate for thePropon'ts, Appeared In Open Court and Demanded an Appeal from theaforegoing Decree, Which the Judge Allow'd of Upon Securitys beinggiven as the Act requires. 

Att'r JOHN PAYNE, D. Reg'r. 

[Footnote 2: Attorney-general of the province of Massachusetts Bay1722-1723, 1729-1749. ]

_152. Bond for Appeal in Prize Case. December 19, 1741. _[1]

[Footnote 1: _Ibid. _ The law required the appellant to give bond toprosecute. A similar bond (Rhode Island, 1756) is printed in ProfessorHazeltine's monograph on "Appeals from Colonial Courts", in _AnnualReport_ of the American Historical Association for 1894, pp. 344-345. ]

On the nineteenth day of Decem'r Anno Dom 1741 Personally Appeared atBoston in New England John Overing, Esqr. , and John Homans, Merchant, both of Boston Aforesaid, who Submitting themselves to theJurisdiction of the High Court of Admiralty of England Obligedthemselves, their Heirs, Executors and Admin's to Thomas Lee, Merch't, and John Tyler, Brazier, both of Boston Aforesaid, Owners of theBrig't _Sarah_, Thos. Smith Mas'r, In the Sum of Three hundred Poundsof 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 theProvince of the Massachusetts Bay in behalf of Himself and Benja. Norton, Owners of a Privateer Sloop called the _Revenge_, And as Agentfor and in behalf of the Officers and Mariners of said Sloop, Againstthe Aforesaid Brig't _Sarah_ for Salvage, etc. As per Libel on fileMore fully sets forth, And whereas by decree of said Court of ViceAdmiralty Dated the Seventh day of Decem'r instant the said Libel wasdismist, And the said Freebody haveing Appealed from said decree orSentence to the Commissioners Appointed or to be Appointed Under theGreat Seal Of Great Brittain for Receiveing, hearing and determiningAppeals In causes of Prizes, now in Case the said John Freebody shallnot Prosecute the said Appeal to Effect within twelve months from theDate hereof or in Case the Aforesaid decree Shall not be Revers'd Bythe said Commissioners, then they do both hereby Severally ConsentThat Execution shall Issue forth Against them, their Heirs, Executors, Admin'rs, Goods and Chattels, wheresoever the same shall be found, tothe Value of the said Sum of Three hundred Pounds before mentioned, orTreble such Costs as shall be Taxed in the said Court of ViceAdmiralty, But in Case the said decree be Reversed by the saidCommissioners Then this Bail shall be Void and of none Effect, and inTestimony of The Truth thereof they have hereunto Subscribed theirnames. 

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, July10, 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 onBoard, was in her Passage from Barbadoes taken and Seized by a SpanishPrivateer mounted with Sixteen Guns and Manned with upwards of FortyMen, who took out of the said Brigantine all the Money, but Continuedall the rest of her Cargo on board of her, and the Spanish Privateerordered and Caused the Master and Four of the Brigantine's Men to beput on Board the Privateer and put some of the Privateers Men on Boardthe Brgt. And turned her Long Boat adrift and the Brigantine wasOrdered to keep Company with the Privateer and Steer for the Havannah. About Twenty Leagues from the Havannah, near the Island of Cuba, anEnglish Privateer Sloop called the _Revenge_ (Benjamin Norton Commr. )came up with the said Spanish Privateer in Company with the saidBrigantine, Engaged and took the Said Spanish Privateer and at thesame time retook the said English Brigantine and Cargo on board, andCapt. Norton then took all the Spaniards out of the said Spanishprivatr. And English Brigantine and put them on board his ownPrivateer, and Ordered Thomas Smith, the Master, and Crew of the saidEnglish Brigantine from on Board the Spanish Privateer to be put onBoard the said Brigantine, and at the same time put on Board herJeremiah Harimen, One of his own Privateer's Crew, to keep Possessionof her until Salvage Shd. Be paid for the Recapture, at the same timewith Orders to keep the Privateer Company and proceed to Rhode Island. 

Soon after, either by the Contrivance of Thos. Smith, the Master ofthe Brigantine, or by the Wind blowing fresh, the Brigantine wasSeperated or lost Sight of the Privateer. 

The Brigantine met with a Spanish Ship Mounted with six Guns andNavigated with about 25 Men, who boarded the Brigantine and Plundredher and took out of her part of her Rigging, Sails, Cables andAnchors, 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 themon Board their Spanish Merchant Ship and carried them away. 

Capt. Smith afterwards proceeded with the said Brigantine and in herPassage coming near Block Island was desired by Jeremiah Harimen (whowas put on board to keep Possession of her as a fore said) to go intoRhode Island but refused the same and proceeded to Boston, where uponher arrival the said Jeremiah Harimen was put out of possession ofher, and Thos. Smith, the Master, Caused her Cargo to be unloaded anddelivered and afterwards to be refitted, without the Least offering topay 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 thesaid Ship to be arrested in the Vice Admiralty Court of Boston toAnswer the said Salvage. 

Pleas were given and Admitted and Several Witnesses Exd. On bothsides, and the Judge of Vice Admiralty dismissed the Cause withoutgiving any Salvage whatsoever, from which Decree it is Appealed on thebehalf of the Comr. And Owners of the said English Privateer. 

_Observe. _ By the Depo[sitio]ns of the Witnesses there Appears to besome Variation relating to the Seizure of the Brigantine by theSpanish Mercht. Ship. Thos. Smith, Master of the Brigantine, and hisMariners Swear that the Spanish Mercht. Man after seizing andplundering her gave him the Ship. 

Jeremiah Hariman, who was put on board by the English Privateer inOrder 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 intitledto a Moiety of the said Brigantine and her Lading for Salvage byreason the Brigantine was in Possessn. Of the Spanish Privateer above96 hours before she was retaken, and whether they have not Just Causeof Appeal. 

[Footnote 2: For query, on which the London agents of Freebody andNorton (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 theadmiralty 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 havingretaken the Brigantine from the Spanish Privateer, had kept possessionof her, and Carried her safe into a British port, he and his Ownerswould have been entitled to Salvage, According to the Directions ofthe Act of Parliament. But as the Brigantine was afterwards taken byanother Spanish Ship, before she got into Port, and not protectedagainst the Enemy by Capt. Norton, it seems to me very doubtfulwhether he can Claim the Salvage According to the Act of Parliament, For Salvage is understood to be a Reward to the Recaptor, who has notonly rescued the Ship and Cargo out of the hands of the Enemy, but hasalso effectually Secured the same for the benefit of the Owners, tillthe safe Arrival of the Ship in a British Port, Which not having beendone in the present Case, makes me doubt of Success in an Appeal fromthe Sentence. 

WILL. STRAHAN. [3]

DOCTRS COMMONS, May 17, 1742. 

[Footnote 3: An eminent advocate, of Scottish origin, M. A. Edinburgh1686, D. C. L. Oxford 1709, an advocate from 1710, advocate to theadmiralty 1741-1748. As to Doctors' Commons, see doc. No. 102, note2. ]

According to the Evidence given in this Case I am of Opinn. That theBrigantine the _Sarah_, being taken the 17th of Septemr. 1741 by aSpanish Privateer in a voyage from Barbados, and retaken on the 26thof Septemr. 1741 by the Privateer the _Revenge_ from Rhode Island, commanded by Capt. Norton, and convey'd to Boston, The Captain of thePrivateer the _Revenge_ will be well entitled to Salvage for theBrigantine and her cargo, and the said vessel having been 96 Hours inpossession of the Spaniards, the _Revenge_ Privatr. Will be wellentitled to a Moiety of the value of Ship and Cargo. 

The said Brigantine being seiz'd on the 4th of October by a SpanishMerchant Ship and plunder'd will not abate the _Revenge's_ Right toSalvage. 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 couldhave no property in the Brigantine. I therefore think that there'sgood Reason for an appeal if this Case be truly stated. 

G. PAUL. [4]

DR. COMMONS, July 10th 1742Copy

[Footnote 4: George Paul, fellow of Trinity Hall, Cambridge, afoundation specially devoted to the civil law, LL. D. Cambridge 1704, vicar-general to the archbishop of Canterbury 1714-1755, king'sadvocate 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 theSpanish Merchant Ship, she not being carried _intra praesidia_, [5] butonly plundered and let go. The Pretence of a Gift thereof to Captn. Smith can have no weight, for the Spanish Mercht. Acquir'd no propertyby the Capture and could transfer none to Smith, who has deliver'd theCargo to the Owners and Freighters, to which he would have had as muchright as to the Ship. As the pretended Gift could transfer noproperty, 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 bythe Spaniard. But the Owners and Company of the _Revenge_ areintitled to a Moiety of the full Value of the Ship and Cargo, as shearriv'd at Boston, without any Deduction, and I am of Opinion thatthere is just ground of Appeal from the Sentence given in the Court ofAdmiralty 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 clearlyand fully his property, and consequently, if retaken, vest entirely inthe recaptors. The same is to be said of ships, carried into theenemy's ports, and afterwards recaptured". Bynkershoek, _QuaestionesJuris 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 thediocese of London 1739-1747. He must have had a profitable practice, for he left £20, 000 to Trinity Hall. ]

_154. Letters to Owner from London Agents. June 10, July 17, 1742. _[1]

[Footnote 1: Massachusetts Historical Society. Such were theuncertainties of transatlantic correspondence that letters were oftensent in duplicate, as here, where a copy of the letter of June 10 isenclosed in that of July 17. The London agents of Freebody were thefirm 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. Inclosingsundry Papers and proceedings, relating to a Tryal in the Court ofAdmiralty at Boston between the Owners of the Privatr. _Revenge_ andone Capn. Smith which we have delivered to Mr. Everard Sayer, aneminent Proctor in the Commons, [2] who has perus'd them and taken theopinion of Doctr. Strahan, one of the best Civilians we have, of whichwe inclose you a Copy, which does not seem in yor. Favour, but weshall get anor. Doctor's Opinion on it and see what he says. [3] theStore Bill you mention to have sent to Mrs. Harris[4] has neverreach'd her hands, which we have formerly advis'd you of, we shall doall in our power to serve you in this Affair abot. The Appeal and hopeto 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 22dApril. We are very Sorry to have occasion to inform you that our goodFriend and Partner Francis Wilks, Esqr. , departed this Life the 5thinstant. [5] he had been in a very ill State of health for above twoyears past and the whole business of the house has been transacted byus 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 weShall [be] ready to Serve you and promote yr. Interest to the best ofour 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 bequite the reverse of what Dr. Strahan gave and is intirely for you;our Proctor has persuaded us to have yet another eminent Civilian'sopinion, which if in our Favor he thinks we ought to pursue theappeal, of which shall acquaint you more hereafter. We have receivedthe Certificate for the Snow _St. John_, Samll. Waterhouse, which havelaid before the Navy board but have not as yet obtained a bill for thepayment of it. At this Warr time there is so much hurry at the Navyoffice that we can not get any Satisfactory acct. Relating to the headMoney 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 abominablepractice yet it is what they frequently have done and go on with. There has been representations made abt. It at our Admiralty officebut no redress has been obtained, only a few good Words that theywould give orders to the Contrary. Are pleased you got a litle ---- inher Way home. Hope you will have greater Success hereafter which Shallbe glad to hear. We Shall have a just regard to all yr Concerns underour Managemt. As if your own, and remain with due respect

Sir, Yr. Most oblgd. H. Sts. , BOURRYAU[7] AND SCHAFFER. 

Mrs. Harris desires to beremembred to you. She is leftsole [heiress of?] Mr. Wilks. 

[Footnote 5: "Francis Wilks, esq. , a director in the South SeaCompany, died July 5. " _Gentleman's Magazine_, XII. 387. He had beenagent in London for the Massachusetts House of Representatives since1728, and for Connecticut since 1730. Hutchinson, _Mass. Bay_, II. 353, describes him as a "merchant in London who . . . Was universallyesteemed for his great probity as well as his humane obligingdisposition". ]

[Footnote 6: Impressment of seamen. ]

[Footnote 7: Zachariah Bourryau, merchant, of Southampton Row, London, and Blighborough manor, Lincolnshire. He was of a French familysettled in St. Christopher, W. I. He died in 1752, leaving an estate ofabout £40, 000. _Caribbeana_, III. 251-252. ]

_155. Decree of Vice-Admiralty Judge. July 7, 1742. _[1]

[Footnote 1: Massachusetts Historical Society. ]

 Colony of Rhode Island, etc. } Curia Admiralitatis }

James Allen, etc. Proponents }against the Schooner _St. Joseph_ }_de las Animas_ for Gunns, Ammunition, }One Slave and Cargo etc. }

Having maturely considered the Evidence in this Case as well as theexamination of Francisco Perdomo Capt. Of the Spanish Privateer whobeing duly notified of the Trial and here in Court and being askedwhat he had to offer why sentence of Condemnation should not be passedagainst the said Schooner, her Gunns, Ammunition, Rigging, Tackle, Apparel and Furniture, etc. To which he Answered he had taken severalprizes and had had them condemned and his Vessel, etc. , according tothe Laws of Nations and Rules of War was a good prize and therefore hehad nothing to gainsay the Condemnation. 

I therefore adjudge and Decree the said Schooner and her Gunns, Cables, Anchors, Rigging, Sails, Tackle, Apparel, with the Slave andher Cargo, etc. Mentioned in the Libel, to be Condemned as good andlawful Prize to and for the Use of the Captors and Owners of the saidSloop _Revenge_ to be divided according to the Articles made betweenthem. 

I further Decree the Owners of the _Revenge_ and the Captors to paythe lawful Charge of Condemnation and all incident Charges. 

S. PEMBERTON, D. Judge. [2]

NEWPORT July 7th 1742. 

The above is a true Copy taken from the original and Compared by me. 

[Footnote 2: Samuel Pemberton, merchant of Boston, son of Rev. Ebenezer Pemberton of the Old South Church, was deputy judge of theadmiralty court in Rhode Island for a brief period in 1741 and 1742. In the archives of Rhode Island, in a volume lettered "AdmiraltyPapers, 1726-1745", there is a libel of James Allen, captain of thesloop _Revenge_, privateer, against the Spanish sloop _St. Joseph_, captured Mar. 1, 1743, on the north side of Cuba. But that was anotherincident; the _St. Joseph de las Animas_ was a schooner. ]

_156. Letters to Owner from London Agents. July 27, August 13, 1742, February 16, 1743. _[1]

[Footnote 1: Massachusetts Historical Society. A continuation of thecorrespondence in doc. No. 154. ]

 LONDON 27th July 1742. Mr. John Freebody 1 p. C. Copy per Ellis

_Sir_

Since the foregoing Copy of our last have not recd. Any of yourfavours. This serves to inclose you Dr. Andrews Opinion[2] relating toyour Capture of Smiths Brigt. Which as it is of your side and agreableto that of Dr. Paul we shall proceed in the Appeal and hope forSuccess, but as their Lordships in Councill[3] will not sitt to hearAppeals till February Next, you will have time En'o to give us yourfarther Directions about it and you may depend on our Serving yourInterest as if our own. There is lately an Order come to the NavyOffice for making out bills for the hire of American transports, whichthe Commrs. Have promised to Comply with, so hope this will soon beended and we shall hearafter acquaint you with our fartherproceedings. We are with offers of Service--

[Footnote 2: See doc. No. 153. ]

[Footnote 3: The commission to hear appeals generally included at thistime the whole Privy Council. ]

LONDON 13 Augt 1742. 

_Sir. _

Confirming the foregoing Copy of our Last, are not Favd. With any ofyours. This Serves to inclose you Copy of yr Case abt. The Brigt. _Sarah_ and the opinion of the 3 Doctors of the Civill Law. We havegiven £50 Security in the Commons[4] to prosecute the affair in theappeal before the King and Councill. We Shall in a few Days have aNavy bill made out for the hire of the Certificate of the Snow _St. John_ when Shall acquaint you with the neat proceeds. We are with duerespect

Sir

Yr. Most hb. Servts. , BOURRYAU AND SCHAFFER. 

[Footnote 4: _I. E. _, in the office of the registrar of the LordsCommissioners of Appeal in Prize Causes, in Doctors' Commons. ]

 LONDON Febry 16th 1742/3. Mr. John Freebody Copy per Capt. Turner

_Sir_

We have recd. Your favors of the 20th Octo. And 14th Decemr. With yourPower of Attorney, also copy of Condemnation and Certificate forrecovering the Kings bounty of £5 per head for the Spanish prisonerstaken by Capn. Norton on board the Spanish Scooner Privateer calledthe _Joseph de las Animas_, which we have laid before the Navy Board, but have not as yet been able to get any Satisfactory answer to thisnor the other for the _Divino Pastor_ and _Ynvincible_ Sloop which wasleft with them some Months agone. These great Men in officeparticularly in Warr time think themselves so much engaged inGovernmt. Affairs that they Postpone every thing else, just at theirown pleasure. We shall keep plying Constantly about 'em and hope toSucceed one time or other. There is not as yet a day appointed forhearing the Appeal about the Brigt. _Sarah_. We shall Vigorouslyprosecute the affair and Acquaint you, in due time, with our Success. We have Acquainted Dr. Paul and Andrews, with what you have furthermention'd about Smith the Master of the Brigt. , Capt. Norton andCompa. And Jeremiah Harriman, which hope may be of Service at thehearing. Its certain you have been very unjustly dealt by in theproceedings of your Court of Admiralty, and are in great hopes youwill meet with redress here at home. Inclosed we send you Sales of theFreight Bill recd. On your Accot. For the hire of the _St. John_ Snow, Capt. Waterhouse, Net proceeds being £120. 18. 6, have Carried to yourCredit. We heartily wish you further Success with Capt. Norton. Shurehe's a Gentn. Of a fine Gallant behaviour and a just Scourge to theseJack Spaniards and deserves publick rewards from all Merchts. Andtraders that use the Seas. We are sorry to Acquaint you that Mrs. Harris departed this Life in Octo. Last after a Lingering Illness. Wehave not to add but to assure you that we shall in all Concernsobserve your Interest as if our own, remaining with due respect

Sir

Yr. Most hb. Servts. 

BOURRYAU AND SCHAFFER. 

_157. Account rendered by a Proctor in London. February 10, 1744. _[1]

[Footnote 1: Massachusetts Historical Society. It will be observedthat an appeal was an expensive process; that advocates' fees wereexpressed in guineas, multiples of £1. 1s. ; that the proctor felt thathe had to have a coach whenever he went to attend one of the sessionsof the court; and that "the law's delays" were abundantly exemplified. The Lords Commissioners sat in the Council Chamber at the Cockpit inWhitehall. Their procedure can be gathered from the printed briefs, for appellant and respondent, which are preserved in a few Americanlibraries, often bearing manuscript annotations by the lawyers forwhom they were prepared. The Library of Congress has a collection ofsuch briefs, some 200 in number, 1751-1764, bound in four huge foliovolumes, and still ampler collections for the later wars of thecentury, American and French. The library of Brown University has twosuch volumes, embracing briefs in forty or fifty cases, 1780-1782. Another collection, also bound in two volumes, formerly belonging toMr. Gordon L. Ford, but now to the New York Public Library, isdescribed by the late Paul L. Ford in the _Proceedings_ of theMassachusetts Historical Society, XXV. 85-101, with full datarespecting the twenty-five American cases. ]

John Freebody and Benja. Norton, Commander of the private Ship of WarCalled the _Revenge_, the Owners of the said Ship, Ag[ains]t ThomasLee and John Tyler, Owners of the Ship Called the _Sarah_, whereofThomas Smith is Mas[te]r, the Goods therein Lately Retaken by the sd. Private Ship of War Called the _Revenge_, In a Certain Cause of Appeal from the Vice Admiralty of the provinceof Massachusets Bay. 

_May 1742_

For proctors fee consulted £0. 5. For perusing the whole proceedings 13. 4For drawing a State of the Case for Counsel 16. 8For a Copy thereof for Dr. Strahans Opinion 5. For Dr. Strahans fee giving his Opinion in Writing 2. 2. For Attending on him 6. 8For a Copy of the Case for Dr. Pauls Opinion 5. For his fee giving his Opinion in Writing 2. 2. For Attending on him 6. 8For a Copy of the Case for Dr. Andrews Opinion 5. For his fee giving his Opinion in Writing 2. 2. For Attending on him 6. 8For Interposing a protocal of Appeal before a Notary 6. 8For the Caution[2] entred into to prosecute the Appeal and Stamps 7. 6For the Marshalls Report 8. For Entring into Bail 5. For the Proctors fee praying an Inhibition and Monition and Surrogates fee[3] 6. 

[Footnote 2: Security or bond. ]

[Footnote 3: On application, the Lords Commissioners of Appeal, ortheir deputy the _surrogate_, would issue an _inhibition_ to the judgeof the court from which the appeal had come up, enjoining him to stopall further proceedings, and a _monition_ to transmit all the pastproceedings in the cause to them; these latter documents constitutedthe _transmiss_ or _transmission_ mentioned below. Browne, _Civil andAdmiralty Law_ (ed. 1802), II. 439. Clerke, _Praxis CuriaeAdmiralitatis_, tit. 57. ]

_Aug't 5th 1742_

For the Inhibition and Monition under Seal and Stamps and Extracting 2. 6. 10For the Effect of that Said Inhibition 1. 

_Nov'r 11th. _

For attending when the Transmission was brought in by the Judge below £0. 5. For Compounding for the process 5. For Drawing a Libel of Appeal 16. 8For Ingrossing the same and Stamps 7. 8For the Advocates fee signing the Libel 2. 2. For Attending on him 6. 8For Returning the sd. Inhibition and Monition at the Counsel Chamber when a Proctor appear'd for the Appellator and gave in a Libel 13. 4For A Copy of sd. Libel for Advise Proctor and Stamps 7. 8Fee when Issue was Joined 6. 8For Attending when the Cause was Assigned for Sentence on the first Assignation 6. 8For Coach hire 3. 

_24 March [1743]. _

For Attending at the Counsel Chambers when the Cause was Assign'd for Sentence at the next Court 13. 4For Coach hire 3. For drawing a Breif for Councell 4. 13. 4For Drawing and making an Index and Abstract of the Process and Copy 1. 6. 8For Copys of the Opinions given by the Counsell for their Use 13. 4

_10 May. _

For Attending at the Councell Chamber when the Judges Assign'd the Cause to be heard the next Court 13. 4For Coach hire 3. 

_17. _

For the same to the next Court 13. 4For Coach hire 3. 

_2 June. _

For Attending at the Councell Chamber when the Cause was Assigned to be heard when their Lordships should Appoint 13. 4For Coach hire 3. 

_20th Octr. _

For Attending at the Councell Chamber when their Lordships Assign'd the Cause to be heard the 27 instant. 13. 4For Coach hire 3. For two Copys of the Brief for Councell and One for my Self £ 5. 5. For Dr. Pauls fee to Attend the Lords of the Councell etc. 10. 10. For Diverse Attendance on him 13. 4The like for Dr. Andrews fee 10. 10. For Divers Attendance on him 13. 4

_27th Octr. _

For Attending at the Councell Chamber when the Cause was heard and their Lordships pronounced Agst. The Appeal and Condemned my Clients in £10 Costs According to Stile 1. 6. 8For Coach hire 3. Paid the said Costs 10. 10. Paid the Reg'rs Bill 2. 1. {5}For several Extrajudicial Attendance in the whole Cause 1. 6. 8For Clark and Officers 10. For Letters and Sportalage[4] 7. 6 --------- £74. 9. 3

[Footnote 4: More properly, sportulage; meaning, apparently, a smallcustomary present or fee to a judge, Lat. _sportula_. ]

Everard Sayer, 10th Feb'ry 1743[5]Rece'd then the Contents EVERARD SAYER

Vera Copia per

[Footnote 5: _I. E. _, 1744, N. S. ]

LONDON Jan'y 31st 1746/7. I hereby do Certifie that the above is atrue Copy. 

ZACH. BOURRYAU. 

_158. John Tweedy's Bill for Medicines. November 8, 1743. _[1]

[Footnote 1: So the document is endorsed. Massachusetts HistoricalSociety. The list may be taken as showing a typical outfit of medicaland surgical supplies for a privateer. The symbols used in themanuscript for pounds, ounces, and pints are here replaced in print bythe usual abbreviations, lbs. , oz. , pts. ]

NEWPORT, Novr. 8th, 1743. 

Capt. John Freebody and Capt. Ben Norton in Co. , Drs. 

To Sundrys for the Privateer Sloop _Revenge_, Capt. James Allen Com'r, Nicholas Holmes Chirurgeon, Viz. 

Aq. Menth. Fort. 3-1/2 pts. £ 1. 8. 0 Cinnamoni 1-1/2 pts. 0. 9. 0 Foenicl. D. 1 Bott. 0. 4. 6 Theriacal 1 Do. 0. 9. 0 Vitae 1 Do. 1. 16. 0Sp. Sal. Volat. Oleos. 6 oz. 0. 15. 0 Armoniac 8 oz. 0. 16. 0 Nitri dulc. 4 oz. 0. 10. 0 Salis dulc. 4 oz. 0. 12. 0 Vin. Rectif. 3-1/2 pts. [2] 1. 8. 0Elixr. Proprietatis, 20 oz. 3. 0. 0 Vitriol 3 oz. 0. 9. 0Essent. Stomatical 34 oz. 5. 4. 0Tinct. Castor. 3-1/2 oz. 0. 8. 3 Bezoartic 1 pt. 2. 8. 0 Euphorbii 4 oz. [3] 1. 12. 0Bals. Copivi 6 oz. 0. 12. 0 Peru. 2 oz. 2. 8. 0 Sulph. Tereb. 1-1/4 oz. 0. 5. 0Syr. Papaver Diacodii 4 pts. 5 oz. 2. 11. 9 Croci 2 pts. 5-1/2 oz. 2. 7. 0 Limonum 2 pts. 1 oz. [4] 1. 4. 0Oleum Hyperic. 3-3/4 oz. 0. 6. 0 Lini 3 pts. 0. 13. 6 Succini 2 oz. 0. 8. 0 Juniper. 2 oz. 0. 12. 0 Terebinth 3-3/4 pts. 0. 15. 0 Olivarum 3-3/4 pts. 1. 2. 6 Anis. 2 oz. 0. 12. 0 Amygd. Dulc. 4 oz. 0. 12. 0Mel Rosarum 1-3/4 Pts. 1. 1. 0 Commun. 4 pts. 0. 16. 0Tamarindae 4. [5] 0. 16. 0Theriac. Andromach, 2 pts. [6] 2. 8. 9 Cons. Rosar. Rubr. 1-3/4 pts. 1. 1. 0 Linimt. Arni. 1 pt. 0. 16. 0Ungt. Dialth. 1 pt. 0. 8. 0 Populion, 1 pt. 0. 12. 0 Basilicon 1 pt. 1. 12. 0 Alb. Camphor. 1 pt. 0. 8. 0Sal Absinth. 2 oz. 0. 6. 0 Card. Benedict. 1 oz. 0. 8. 0 Prunel. 8 oz. [7] 0. 8. 0Sp. Vitriol 5 oz. 0. 10. 0Elixr. Vitae 6-1/4 oz. 2. 10. 0Philon. Roman. 6 oz. 0. 9. 0Diascordium 1 pt. 0. 16. 0Pulv. Ling. Dracon. 1 oz. 0. 5. 0Gum Tragacanth 2 oz. 0. 4. 0Bez. Miner 1-1/2 oz. [8] 0. 16. 0Emplast. Diachylon c' G. 1 lb. 0. 16. 0 Oxycroceum 1-1/2 lbs. 0. 8. 0 Defensiv. 2 lbs. 1. 12. 0 Paracels. 1 lb. 0. 16. 0 Epispastic 1 lb. 1. 4. 0 Diapalm. 1 lb. 0. 6. 0 Stomach. Mag. 2 lbs. 2. 8. 0 Melilot. 1 lb. [9] 0. 6. 0Verjus 6 pts. [?] 0. 4. 6Flor. Chamomel 3/4 lb. 0. 16. 6Absinth. 1 pt. 0. 5. 0Rad. Gentian. 1 lb. 0. 8. 0 Liquorit. 2 lbs. 1. 0. 0 Bardan. 4 oz. 0. 6. 0 Rhei Pulv. 6 oz. 11. 5. 0Lign. Guejac. 1 lb. [10] 0. 1. 6Ocul. Cancr. Praept. 6 oz. 0. 15. 0Coral. Rubr. Praept. 4 oz. 0. 12. 0Croc. Orient. 1 oz. 1. 5. 0Cinnab. Antimo. 1/2 oz. 0. 4. 0Conch. Praept. 1 lb. 2. 0. 0Pulv. Jalap. 8 oz. 2. 0. 0 Ipecacuanh. 6 oz. 1. 16. 0Pil. Ruffi 3 oz. 1. 4. 0 Catholicon 1 oz. [11] 0. 8. 0Tereb. Venet. 2-3/4 pts. 1. 7. 6Argent. Viv. 8 oz. 1. 10. 0Antimo. Crud. 1/2 lb. 0. 2. 6Succ. Glyzyrrhiz. 1 pt. 0. 14. 0Rad. Sarsaparil. 3 lbs. 1. 4. 0Hyssop. 1/2 lb. 0. 2. 6Centaur. Minor. 1/2 lb. 0. 12. 0Extract Cass. Fistul. 2-1/4 pts. [12] 1. 16. 0a Pewter Glyst. Syringe 5. 0. 0Skines No. 4 1. 0. 0Tartar. Vitriolat. 1 oz. 0. 4. 0Sal Armo. 4 oz. 0. 6. 0Flor. Rosar. Rubr. 1/2 pt. 2. 17. 0Crem. Tart. Part. Pulv. 1. 10. 0Resin. Jalap. 2 oz. 2. 8. 0Dulc. Gutt. Gamb. 1 oz. 0. 5. 0Sponge 2 oz. 0. 8. 0Cantharides 1 oz. 1. 4. 0Vitriol. Roman. 1 oz. 0. 1. 3Flores Sulphur. 1/2 pt. 0. 3. 0Alum. Crud. 1/2 lb. [13] 0. 1. 0Bacc. Juniper. 2 pts. 0. 10. 0Resin Comun. 4 lbs. 0. 3. 0Lap. Calamin. Praept. 1 oz. 0. 1. 0Sach. Saturn. 2 oz. 0. 8. 0Cinnamom 6 oz. 1. 2. 6Cubebs 1 lb. 1. 4. 0Zinziber 1/2 lb. 0. 1. 0Empl. De Ranis [cum Mercurio] 1/2 lb. 0. 12. 0Rad. Serpent. Virg. 11 oz. [14] 0. 8. 3Myrrh. Pulv. 1-1/4 oz. 0. 6. 3Ol. Rorismarin. 1/2 oz. 0. 8. 0 Lavend. 3-3/4 oz. 2. 5. 6Sem. Sinapios 2 lbs. 0. 10. 0Cinnabar factit. 1 oz. 0. 5. 0Lith. Aur. Praept. 1 lb. 0. 12. 0Acetum 3 pts. 0. 3. 0Pulv. Scamo. 1 oz. [15] 0. 10. 0Lap. Tutiae praept. 2 oz. 0. 8. 0Senna 1 oz. 0. 2. 6Rad. Chinae 1/2 lb. 1. 0. 01 Sett Weights 0. 7. 0Conf. Alkerm. 2 oz. 0. 12. 0 Hyacinth. 2 oz. 1. 4. 0Tinct. Myrrh. 9 oz. 1. 4. 0Syr. Rhei 6 oz[16] 0. 15. 06 Square Bottles 1. 1. 04 qt. Bott. 0. 5. 04 Blue and white pots 0. 14. 0Tow 1. 5. 0Vials and pots, 1 Doz. 0. 8. 06 Doz. Corks large and small 0. 6. 6Ras. Corn. Cerv. 6 oz. [17] 0. 6. 0a Box 0. 8. 0a Broken Red and Do. White Skin 0. 7. 0a Mortar and Pestle 1. 13. 0an Iron Laddie 0. 7. 0a Stone Coffee Pot 0. 10. 0 --------- 130. 2. 9

Newport June 14, 1744. Recd. The full Contents per John Tweedy. 

[Footnote 2: Spirits of mint, of cinnamon, of sweet fennel-seeds, oftreacle, aqua vitae, spirits of ammoniacal volatile oil, of salammoniac, dulcified spirits of nitre and of sal ammoniac, rectifiedspirits of wine. ]

[Footnote 3: Elixir of propriety, of vitriol, stomach essence, tincture of castor, bezoartic tincture, tincture of euphorbia. For thewonderful properties of the bezoar-stone (really a concretion found inthe intestines of the wild goat, or, sometimes, a coprolite) and itsderivatives, see Eggleston, _Transit of Civilization_, pp. 64-66, 90-91. ]

[Footnote 4: Balsam of Copaiba, Peruvian balsam, terebinthated balsamof sulphur, syrup of poppy (= diacodium), syrup of saffron, lemonjuice. ]

[Footnote 5: Oil of St. John's wort, linseed oil, oil of amber, ofjuniper, of turpentine, olive oil, oil of anise, sweet almond oil, rose honey, ordinary honey, tamarinds. ]

[Footnote 6: Theriaca Andromachi, Venice treacle, a remedy which hadlong been highly esteemed, and which comprised 61 ingredients, according to the _Pharmacopeia Collegii Regii Medicorum Londinensis_(London, 1747), _s. V. _ See also Eggleston, _Transit_, p. 63. ]

[Footnote 7: Conserve of red roses, arnica liniment, ointment ofmarshmallow root, of poplar-buds, basilicon ointment, ointment ofwhite camphor, salt of wormwood, salts of the blessed thistle, sal-prunella. ]

[Footnote 8: Spirits of vitriol, elixir vitae, confection of opium, diascordium, powdered dragon's blood, gum tragacanth, the mineralbezoar. ]

[Footnote 9: Plaster of diachylon and gum (c. G. = cum gummi), ofsaffron and vinegar, defensive plaster, plaster of Paracelsus, blistering plaster, diapalma plaster, compound laudanum plaster, melilot plaster. The term "emplastrum Paracelsi", so the librarian ofthe Surgeon-General's Office informs me, is not given as such in theolder medical dictionaries, and was probably not a current term; butin vol. II. Of Robert James's _Dictionary of Medicine_ (London, 1745), extended reference is made to a plaster compounded of ammoniac, galbanum, opopanax, turpentine, litharge, and many other ingredients, described as "extolled to the skies by Paracelsus", and this may bethe one which Tweedy here lists. ]

[Footnote 10: Verjuice, chamomile flowers, wormwood, gentian root, liquorice root, burdock root, rhubarb root, lignum vitae. ]

[Footnote 11: Prepared crabs'-eyes (= Gascoin's powder), prepared redcoral, Oriental saffron, sulphide of antimony, prepared shells, powdered jalap root, powdered ipecacuanha, pills of aloes and myrrh, catholicon (_i. E. _, good for what ails you) pills. ]

[Footnote 12: Venice turpentine, quicksilver, crude antimony, liquorice juice, sarsaparilla root, hyssop, lesser centaury, extractof cassia fistula. ]

[Footnote 13: Vitriolated tartar, sal ammoniac, red rose petals, powdered cream of tartar, resin of jalap, dulcified gamboge-resin, sponge, cantharides, blue vitriol, flowers of sulphur, crude alum. ]

[Footnote 14: Juniper-berries, common resin, calcined carbonate ofzinc, sugar of lead (sugar of Saturn), cinnamon, cubebs, ginger, plaster of powdered frogs and mercury ("Emplastrum de Ranis cumMercurio", see Eggleston, _op. Cit. _, pp. 57, 58, 85), Virginiansnakeroot. ]

[Footnote 15: Powdered myrrh, oil of rosemary, oil of lavender, mustard-seed, sulphide of mercury, prepared goldstone (yellow topaz?), vinegar, powdered scammony. ]

[Footnote 16: Tutty (zinc oxide), senna, china-root, confection ofalkermes (see Eggleston, pp. 86-87), confection of hyacinth, tinctureof myrrh, syrup of rhubarb. ]

[Footnote 17: Filings of hartshorn. ]

_159. Account for the Revenge. June, 1744. _[1]

[Footnote 1: Massachusetts Historical Society. ]

The Sloop _Revenge_, Dr. 

1744, June 7th. To the Judges fees for Condemnation, etc. £70. 0s. 0d. 

 June 16th. To James Honyman, [2] Attorneys fees 70. 0. 0

[_Illegible_] 20th. To Thos. Ward, [3] Attorney fees 70. 0. 0

 To the Register, fees and bonds for appeale, 5. 0. 0

 To John Freebody, Acct. For Sundrys Paid 97. 6. 6

 June 15th. To Wm. Kings Acct. For Masters Dyet 13. 17. 7

 To Capt. Allin, Acct. For Pilotage, Providence 8. 8. 0

 To Jno. Harriss, acct. For Sur. Qt. Master 1. 10. 6

 June 15th. Jno. Renick. To 2 Men 19 Days at 8s. A Day amt. To 15. 4. 0

 To Mr. Fox [?] Acct. For the Masters Claim 5. 0. 0

 To Mr. Danll. Saveti [?] Linguester[4] fees 10. 0. 0

 Tweedy 15th. To the Docters Chest 165. 0. 0

 To Storidge, Warfidge, etc. To J. F. 20. 0. 0 ----------- 551. 6. 7

 Doctors Chest to Deduct out of their Div'd[5] 165. 0. 0 ----------- £386. 6. 7

[Footnote 2: Attorney-general of Rhode Island 1732-1740. ]

[Footnote 3: Son of Governor Richard Ward, and secretary of the colony1747-1760. ]

[Footnote 4: Interpreter. ]

[Footnote 5: _I. E. _, it is concluded that the surgeon's supplies(similar no doubt to those which Tweedy took for an earlier voyage, doc. No. 158) should rather be deducted from the men's share, as aproper charge on them, than charged to the whole account of theprivateer. ]

Per Contra Cr. 

1744, June 7th. By Sundrys Sould at Vandeu At Provdc. £2123. 12s. 6d. 

 By the Hides and Tobacco 569. O. O ---------------- £2692. 12. 6 Charges 386. 6. 7 ---------------- £2306. 5. 11 ---------------- Owners 1/3 768. 15. 3-1/2 768. 15. 3-1/2 ---------------- Mens 2/3 1537. 10. 7 Docter Chest Deduct 165. 0. 0 ---------------- £1372. 10. 7 629. 5. 0[6] ---------------- The Comp. Dividend to Divide among them £2001. 15. 7

 J. F. 1/2 is £384. 7. 7-3/4 Owners 1/3 £768. 15. 3-1/2 1/8 is 96. 1. 10-3/4 1/2 384. 7. 7-3/4 1/16 is 48. 0. 11-1/2 1/4 192. 3. 9-3/4 ------------- 1/8 96. 1. 10-3/4 528. 10. 6 1/16 48. 0. 11-1/2 B. N. 1/4 is 192. 3. 9-3/4 1/16 is 48. 0. 11-1/2 ------------- 768. 15. 3-1/2

[Footnote 6: I do not know the source of this increment. Thecalculations below show that, at this time, Freebody owned 11/16 andNorton 5/16 of the _Revenge_. ]

_160. Agreement: The Revenge and the Success. November 10, 1744. _[1]

[Footnote 1: Massachusetts Historical Society. This, it will be seen, was Freebody and Norton's copy of the agreement. With the aid ofdocuments found elsewhere, the history of the _Success_ can be piecedout. Among the records of the vice-admiralty court at Boston there isa thin book of "Accounts of Sales", which begins with accounts ofsales of the _Success_ and her cargo, July 22-Oct. 7, 1743, from whichit appears that she was a British vessel, recaptured from the enemy bythe privateer bilander _Young Eagle_, John Rous commander, the sameprivateer that brought in the _Amsterdam Post_, with its formerlieutenant now commander (doc. No. 128, note 9). Then, in the RhodeIsland archives, "Admiralty Papers, 1726-1745", pp. 63-82, we have thelibel and other papers in the case of James Allen of the _Revenge_ andPeter Marshall of the _Success_ against the _Willem_ galley (see doc. No. 161), which shows one of the successes of this joint cruise tohave been that, on Mar. 16, 1745, in the Old Bahama Straits, the twoassociates took the ship _Willem_, sailing under Spanish colors andunder the command of Cosme Zeggrayne (Zegarain), but which originallywas a Dutch ship, commanded by Pieter Couwenhoven. ]

Memorandum of Agreement indented made and concluded upon the Tenth Dayof November in the Eighteenth year of the Reign of our Sovereign LordGeorge the Second, King of Great Britain etc. , Annoq. Dm. One thousandSeven hundred and Forty Four, Between John Freebody and BenjaminNorton, both of Newport in the County of Newport in the Colony ofRhode Island, etc. , Merchants, Owners of the private Man of War Sloop_Revenge_, whereof James Allen is Commander, of the one part, andWilliam Read, Jonathan Nicholls and William Corey, all of Newportaforesd. , Merchants, and Robert Hazzard of Point Judith in SouthKingstown in the County of Kings County in the Colony aforesaid, Yeoman, Owners of the private Man of War Sloop _Success_, whereofPeter Marshall is Commander, the other part, Witnesseth, That theOwners of the said Sloop _Revenge_ and the Owners of the said Sloop_Success_ do hereby Mutually Covenant, promise and Agree that the saidTwo Sloops or Vessels, Captains, officers, and Companies belonging tothem, shall Unite, Assist each other and Concert together for andduring their whole Voyage and until their return to Newport aforesaid, During all which time One third part of all Vessels, prizes, prizeGoods, Money and whatsoever other Benefit or advantage shall be madeduring the said Voyage until their return to Newport aforesaid, eitherin Company or seperately, shall remain to the Use and benefit of theOwners belonging to both the said Vessels to be equally shared anddivided between them According to the Articles belonging to both thesaid Vessels. And further that if either of the said Vessels happensto be disabled so as to be unfit for her Cruising or proceeding thesaid Voyage, then the other of the said Vessels shall assist ingetting her into any of such port as shall be most convenient for herin Order to refit for her Cruise again. 

And also that if the said Vessels shall at any Time during the Voyageaforesaid happen to part from each other by Stormy Weather orotherwise and either of them happen to be Shattered, damnified orunfit to proceed her Cruise aforesaid, she shall make the best of herway to some Convenient Port, where she shall be immediately repairedand fitted out again on her Cruise, and the Captain, Officers andCompany belonging to her shall Use their Utmost endeavours to find herConsort and continue their Cruise until both the said Vessels arriveat Newport aforesd. (The Danger of the Sea excepted), And also that ifeither of the said Vessels happens to be lost in any Engagement orotherways each Vessels Owners shall Share and divide as hereinbeforementioned, And also that in Case any of the Men belonging toeither of the said Vessels happens to loose a joynt or joynts, Limb orLimbs in any Engagement, such person so loosing the same shall be paidout of the whole of each Vessel of what shall be taken during theirCruise aforesaid. 

And Lastly, for the true performance of all and every the Covenantsand Agreements herein beforementioned the said parties hereunto dobind themselves unto the other of them and to the Heirs Executors andAdministrs. Of the other of them in the penalty or Sum of Twentythousand pounds Sterling Money of Great Britain, firmly by thesepresents (The Danger of the Sea only excepted). In Witness whereof thesaid parties to these presents have hereunto Interchangeably settheir Hands and Seals the Day and Year within written. 

Sealed and Delivered

 WM. READ. JOHN COOK. JONTH. NICHOLS. SILAS COOKE. WILLIAM CORY. ROBERT HASZARD, JUNR. 

_161. Inventory and Appraisement of the Prize Willem. June 8, 1745. _[1]

[Footnote 1: Massachusetts Historical Society. The _Willem_ Galley, aDutch vessel trading between Amsterdam and Curaçao, was seized by aHavana privateer on charges of smuggling, was then retaken by the_Revenge_ and _Success_, cruising together in consequence of the aboveagreement, doc. No. 160, carried into Rhode Island, and condemned as aprize by the vice-admiralty court there. An appeal was taken. Thebriefs presented in the case when it came before the LordsCommissioners of Appeal seven years later, Nov. 30, 1752, are in thecollection of such briefs mentioned in note 1 to doc. No. 157 asbelonging to the New York Public Library, and are described by Mr. Paul L. Ford in Mass. Hist. Soc. , _Proceedings_, XXV. 99. The questionwas, had the _Willem_ become a Spanish ship. The Lords Commissionersrestored it to the appellants, Pieter Couwenhoven and other Dutchsubjects. The respondents were Capt. James Allen and others; one oftheir two advocates was Dr. George Hay, afterward Sir George Hay, judge of the High Court of Admiralty. ]

Inventory and Appraisement of the Prize Ship brought into this port byCapts. Allen and Marshall with her Cargo. 

The Ship with her Appurtenances etc. £5000. 0. 0 12 Carriage Guns with their Tackle and Shott and other Appertinences 1200. 0. 0 669 Seroons[2] Cocoa Wt. Nt. 606 C. 1 Qr. 14 lb. At £15 9095. 12. 6 173 Bags Ditto Wt. Nt. 330 C. 8 lb. At £15 4951. 1. 5 165 Casks Ditto Wt. Nt. 246 C. 1 Qr. 16 lb. At £15 3695. 17. 10 122 Bbbls. Coffee Nt. 162. 3. 18 32 Bags and 1 Chest Do. 49. 1. 21 51 Large Casks Do. 323. 3. 21 --------- 536. 1. 4, Nt. 60064, at 3s. 9009. 12. 0 60 Hogsh'ds Sugar Wt. Nt. 444. 2. 23 at £8 3557. 12. 10 90 Ditto Wt. Nt. 662. 3. 11 at £7 4639. 18. 9 56 Ditto Wt. Nt. 373. 1. 20 at £6 2240. 11. 5 39 Ditto Wt. Nt. 236. 3. 20 at £5 1184. 10. 8-3/4 17 casks of Allspice Wt. Nt. 4497 lb. At 2s. 6 562. 2. 64524 Hides Wt. Nt. 103877 lb. At 16d. 6925. 2. 6 33 Tons of Wood and 6 Hundred at £45 Ton 1498. 10. 0 9 Packs and 1 Cask of Indigo Wt. Nt. 1191 at 18s. 1071. 18. 0 3 Chests with some Carpenters and Coopers Tools and old Iron 30. 0. 0 16 Small Boxes of Chocolate 47. 0. 0 5-1/2 Brls. And 1 Qr. Brl. Of Powder 110. 0. 0 1 Doctors Chest and Instruments 70. 0. 0 1 Chest of Tea in Cannisters 70. 0. 0 1 Box of Pins, Spectacle Cases and Thimbles 10. 0. 0 7 Remnants Cordage Wt. Nt. 4 C. 0 Qr. 21 lb. 62. 16. 3 1 Basket of Nails Wt. Nt. 2 C. 20. 0. 0 1 Brl. And a small Parcel of Turtoise Shell Wt. 43 lb. At 25s. 53. 15. 0 4 Caggs of Powder Blew[3] Wt. 352 lb. At 2s. 6 44. 0. 0 60 lb. Of Old Pewter and Copper at 3s. 6 10. 10. 0 7 Casks of Lime Juice 5. 15. 0 1 Bed Pillar and 3 Cushions 4. 10. 0 2 Looking Glasses 1 Booke 7. 5. 0 5 old Tea Kettles 6. 0. 0 Sundry old Earthen Ware, Pewter, Empty Cases, empty Chests and old Rusty Tools etc. 20. 0. 0 1 Cag of old Butter 1. 0. 0 1 Brl. Of Flour 1. 10. 0 1 Case of Oyl 7. 0. 0 1 Basket of Nails and Paint 6. 0. 0 1 Case of Oyl part full 3. 0. 0 11 Old Mapps 1. 0. 0 8 Boxes of Sweet Meats 16. 0. 0 1 Box of Nails 2. 0. 0 19 Ironbound old Casks 25. 0. 0 1 Cask of Lamp Oyl 10. 0. 0 2 Boxes Shells 1. 0. 0 2 Cags pickled Limes 2. 0. 0 1 Case Spirrits 5. 0. 0 1 Tub of Cartridges 3. 0. 0 4 Hand Screws 10. 0. 0 1 Bag of Old Pewter 4. 0. 0 6 Blunderbusses 25. 0. 0 8 Cutlasses 8. 0. 0 5 old Pistols 5. 0. 0 11 Old Small Arms 33. 0. 0 1 Small Cabbin Table 10. 0 1 Large Coffee Mill 5. 0. 0 3 Jugs of Sweet Oyl 5. 0. 0 9 Boxes Thread qt. 285 lb. At 32s. 456. 0. 0 2 pr. Brass Scales with a Beam in a Case 12. 0. 0 14 Handkfs. 6. 0. 0 1 pc. Blew Silk 45. 0. 0 42 Doz. Mens and Womens Gloves 126. 0. 0 8 pc. Chince at £7. 10. 60. 0. 0 6 pc. Britannias 15. 0. 0 6 pc. Coarse Muslin 15. 0. 0 3 Gauze Handkfs. 4. 10. 0 1 pr. Silk Stockings 2. 5. 0 6 pr. Embroider'd Vamps for Shoes and Slippers 6. 0. 0 3 Papers Thread 6. 0. 0 2 pr. Burdett 10. 0. 0 1 pc. Blew Callico 8. 0. 0 Remnt. Of Blew and White Linnen 4. 0. 0 15 Stone Rings 37. 10. 0

[Footnote 2: A seroon, Sp. _seron_, was a bale or package made up inan animal's hide. ]

[Footnote 3: Kegs of the blue powder used by laundresses. ]

In a Chest. 

 2 pr. Stockings and pr. Mittens 5. 0. 0 1 Bag of Segars[4] 5. 0 2 Skins 10. 0 8 ps. Dowlas[5] 80. 0. 0 1 ps. Table Linnen 45. 0. 0 6 ps. Silk and Cotton Stuff at £9 54. 0. 0 1 pr. Fustian Breeches, 6 prs. Sleezes and 2 pr. Cotton Stockings in a Bag 12. 0. 0 1 pc. Coarse Linnen 16. 0. 0 4 pc. Check'd Linnen 32. 0. 0 1 pc. Striped Do. 20. 0. 0 1 red Skin 1. 0. 0 2 pc. Cambrick 40. 0. 0 1 pc. Fustian 10. 0. 0 1 Coarse Table Cloth and 2 Napkins 1. 0. 0 1 Box of Glass 1. 0. 0 2 Large Pewter Plates or Dishes 4. 0. 0 1 Mettle Salver 15. 0 1 Brass Coffee Pot 1. 0. 0 3 Pewter Measures 15. 024243 lb. Of Varinas[6] Tobacco in Packs at 20d. 2020. 5. 037127 lb. Of Tobacco at 8d. 1237. 11. 444 Ozs. And 16 p. W. Gold at £24 p. Oz 1091. 4. 0[7]463 Ozs. And 12 Gr. Silver at 33s. P. Oz. 764. ------------ £61631. 12. 2

[Footnote 4: Up to 1800 cigars were almost unknown in the continentalcolonies; North American smokers used pipes. In the West Indies, however, where Columbus in his first month encountered the cigar, andin South America, the cigar was the customary form and the pipe wasalmost unknown. ]

[Footnote 5: Dowlas was a coarse fabric of linen; fustian, mentionedjust below, of cotton. ]

[Footnote 6: Varinas is a district in Venezuela from which came atobacco especially good for the making of cigars. ]

[Footnote 7: This sum should apparently be £1075 4s. Also, the sumtotal, below, is not quite correct; but, even in depreciated RhodeIsland currency, it was a sum worth contending for in prize courts. ]

Given under Our Hands at Newport this 8th Day of June 1745. 

Signed by WM. STRENGTHFIELD. WM. MUMFORD. GEORGE WANTON. 

[Endorsed:] An Acct. Of Dutch Ship _William_ Cargo a Prize. 

_162. A Proctor's Account. 1745. _[1]

[Footnote 1: Massachusetts Historical Society. ]

Zachariah Bourryau Esqr. Dr. To John Smith. 

Foster Cunliffe Esquire[2] and others Owners of the Ship Called the_Angola_[3] whereof George Smithson lately and Philip de Anietaafterwards was Master and her Tackle, Apparel and Furniture and Alsoof the Goods, Wares and Marchandize Laden therein Agt. James AllenCommander of the Private Ship of War _Revenge_ and James WimbleCommander of another Private Ship of War _Revenge_. [4]

[Footnote 2: Foster Cunliffe (1682-1758) was one of the chiefmerchants of Liverpool, if not indeed the chief, thrice mayor, "amerchant whose sagacity, honesty, and diligence procured wealth andcredit to himself, and his country", says his monument in St. Peter'sChurch--and one of the first to appreciate and utilize the advantagesof the African slave trade. H. R. Fox Bourne, _English Merchants_, II. 55-57; Enfield, _History of Liverpool_, p. 43. ]

[Footnote 3: The _Angola_ (the name indicates a ship engaged in theAfrican trade), on her way from Jamaica to Liverpool, had beencaptured by the Spaniards and then retaken. Gomer Williams, _TheLiverpool Privateers and the Liverpool Slave Trade_, p. 659. For thelaw in such cases, see doc. No. 150, note 8. ]

[Footnote 4: Enclosed in a letter of Rear-Adm. Sir Chaloner Ogle tothe Privy Council, Feb. 19, 1744, is one of Dec. 3, 1743, from "JamesWimble, captain of the English privateer _Revenge_, lately cast awayupon Hispaniola". _Acts P. C. Col. _, VI. 260. ]

In a Cause of Appeal from the Vice Admiralty Court at Rhode Island tothe Lords Commissioners of Appeal for prizes. 

_Aprl. 1745. _

For Proctors retaining fee £0. 6. 8For Attending Several times at the Admiralty Office and looking up the Proceedings 13. 4For Attending before the Lords and Exhibiting for the parties Appellate when the Cause was Assign'd for Sentence and Informacon next Court day 1. 6. 8Coach hire and Expences 6. 0For Compounding for the Process and Attending 1. 18. 8For Perusing the Process 13. 4For making answers and Abbreviating the Acts 1. 6. 8For Copies for Council 16. 8Acts of Court 10. 8Clerks and Officers 2. 6Sportulage 2. 6 -------- £8. 3. 8 --------

Trinity Term 1745

Term fee 6. 8For drawing A long Allegation in Acts of Court 13. 4For a Copy of a long Allegation in Acts from the Adverse proctor 10. 8For a fair Copy of the whole for the Court 13. 4

_July 15. _

Attending at the Cockpit when their Lordships decreed Restitution of the Ship and Goods paying one Moiety for Salvage 1. 6. 8Coach hire and Expences 6. 0For Attending upon the Register and Settling the Interlocutory Order 0. 6. 8Register Bill for Order of Court 1. 16. 8Acts of Court 13. 4Sportulage 6. 8 --------- Total £15. 3. 8

JOHN SMITH

London January 31th 1746/7 I hereby do Certifie, that the within is atrue Copy of the acct deliver'd me by Mr: John Smith Proctor, witnessmy hand

ZACH: BOURRYAU. 

_163. A List of Gunner's Stores. _[1]

[Footnote 1: Massachusetts Historical Society. ]

Gunners Stoors

 8 Barrels of Powder 50 dubbel headed Shot500 lb of Musket Baals for great guns and Swivel and small Arms 6 bunches of gun Match 6 lb of fine Brimstone 3 lb of Saalpeter 2 lb of Rossin 5 quire of Cathress[2] Paper 8 quire of White Paper for Small Arms, Cathress One hand Vice 4 Ladels for the great Guns 2 Ladels for the Swivell guns500 Iron Shot for the Swivel guns Scheat Led for the guns400 hundred of Flints 12 thomkans[3] Swivel guns 6 thomkans for great Guns 4 gunners handspeak[4] 5-1/2 lb of brown thred 2 dozen of Cathress Needels 6 Sail Needels and 2 plaats[5] 4 Schains of twine 2 Lines for thomkans 6 Schains of Maarlen[6] 6 blocks for gun takels and 24 fadem of roop for guntakels faals[7] 3 Caases for Powder flaaks[8] 2 fyles and 4 bitts for the guns 2 Iron Schouranrod[9] for the Small Arms To thousand off pump heals Half a Gallon of Sweet oyle

[Footnote 2: Cartridge. ]

[Footnote 3: Tomkins, old form for tampions, the plugs set in themuzzles of cannon. ]

[Footnote 4: Handspike. ]

[Footnote 5: Plates. ]

[Footnote 6: Skeins of marline, soft line used for seizings. ]

[Footnote 7: 24 fathom of rope for gun-tackle falls. ]

[Footnote 8: Flasks. ]

[Footnote 9: Scouring-rods, ramrods. ]

_164. Suggestions as to plundering Hispaniola. _[1]

[Footnote 1: Massachusetts Historical Society. Inserted as a specimenof a kind of information, useful to marauders, which privateers oftenbrought home. The fragment is undated, but it is one of the papers ofthe _Revenge_, presented to the society by Professor Norton, and is nodoubt of the same period as those which precede. It relates to theFrench or western part (now Haiti) of the island of Hispaniola; forthe war with Spain which had begun in 1739 had widened in 1743 into awar with France also, the "War of the Austrian Succession", whichcontinued till 1748. ]

The Tradeing Vessells from France that comes to Highspanyola puts inAt St. Marks where They Sell Some part of their Cargo payeble inIndego from thence they go to Lugan, Pettygouas, and queldesack[2] toSell The Remainder of their Cargo and Load with Sugars and then Returnto St. Marks, to Take in their Indego. Their is a plain that is CalledLertibonnee[3] adjoyning to St. Marks. The Inhabitants have Two orThree Hundred negros a peice. The plantations Lye near the water Sideand it is Very Easey Landing and no fortafacations. In Sending of aman a Shore That can Speak french to the negro Houses to ask to Speakto the negro Commander promise him his freedom and a Little money. Bythat means he will Bring all the negros to the water Side. If yourIntent is to Cruce off Cape francoy, [4] Mr. Granshon merchant TheirExpects a Sloop from Portobello[5] The Latter End of august or theBegining of Sepr. Which went from their Richley Loded aboute Threemonths ago, and is Expected Home with one Hundred and fifty ThousandPeices of Eight on Board. Their is allways Vessells comeing to BuyGoods at the Cape from the Havannah, Carthagena and Portobello, whichbring their money to buy the Goods. 

[Footnote 2: St. Marc is in the middle coast of Haiti, at the eastside of the great bay that indents the island from the west. Léoganeand Petitgoave lie at the south side of that bay. The Cul-de-Sac isthe great plain, then famous and rich for sugar, which lies north ofPort-au-Prince, at the southeast corner of that bay. ]

[Footnote 3: L'Artibonite. ]

[Footnote 4: Cap François, now Cap Haïtien, on the north coast ofHaiti. It was the capital of French St. Domingo. ]

[Footnote 5: At the Isthmus of Darien. ]

and If you are Desirous to know how affairs are at the Cape you mayput a man ashore that is quallafyed at the poynt above the Fort at themouth of the Harbour which is called Laurosh Uptecoly[6] where theiris a Very good Landing place and where he will find a main Road fourmile Distance from the Cape. If it should be Demanded of Him who he isand where he came from, That he is a Conotur[7] and that he comes fromDechonse and is a Seeking to put himself In partnership with Someperson to go a fishing. If you are Intended to Cruce off St. Luce[8]you may be sure that their will Sail Eight or Ten Ships from thencethe Latter End of august or the Begining of Septr. Which Some of themto my Certain Knowledge will Have a Considerable Quantaty of money onBoard. Aboute the middle of Lillavash[9] Steering towards the ShoarBetween a Small Town Called Lacoy[10] and another Town Called Turbecktheir is a Landing place called Levieuxbourk where you will See aSingle House by the water Side where their Lives a Cooper that hastold me Several Times that he was Very Desirous to go and Live amongthe English. Address your Self to Him and He will Direct you how toget the negros off the Neighbouring plantations which Lye near thewater Side and no fortefacations. Inquire their for Mr. Kennotts Housewho Trades Largly with the English and Tell him that you Have gotFlower, Beef and negroes to Sell on Board. You anchoring at Lillavash, He will Come and Bring other Inhabetents on Board to Trade with youand by that means you may Keep them and make them Pay a good Ransomefor their Visitt. 

[Footnote 6: La Roche au Picolet. ]

[Footnote 7: Canoteur, canoe-man. ]

[Footnote 8: St. Louis, on the south side of the western or Haitianend of the island. ]

[Footnote 9: L'Ile à Vache, a small island lying off the shore a fewmiles southwest of St. Louis. ]

[Footnote 10: Les Cayes, perhaps better known as Aux Cayes, now a townof some importance on the south shore of Haiti, some ten miles west ofSt. Louis. Torbeck and Le Vieux Bourg, next mentioned, are near it. ]

THE _PRINCESS OF ORANGE_. 

_165. Record of Trial (Libel, Bill of Sale, Owner's Letter, Bills ofLading, Declaration, Affidavit, Portledge Bill, Depositions). June 11, 1741. _[1]

[Footnote 1: This record, in which are embedded a variety of documentscharacteristic of privateering procedure, is from pp. 163-183 of avolume of records of the vice-admiralty court held in Philadelphia, 1735-1746, now preserved in the office of the clerk of the U. S. District court in that city. The only other records of thatvice-admiralty court known to be still preserved are contained in asecond volume comprising (a) records of that court, 1748-1757 (mostly1748-1751), (b) records of the state court of admiralty, 1776, and (c)records of the U. S. District court, 1789-1795. The vice-admiraltycourt was apparently held in a room over the market-house at ThirdStreet. David Paul Brown, _The Forum_, I. 264. 

The story of the Spanish or Dutch snow _Princess of Orange_ may befurther illustrated from the pages of Franklin's paper, the_Pennsylvania Gazette_, of Thursday, Apr. 9, 1741. "Friday lastarrived here a Spanish Snow laden with Wine, taken at Aruba, and sentin by the _George_, Capt. Drummond, of this Port. She came fromTeneriffe, and had a Pass from the Dutch Consul, but no Dutchmen onboard: On Account of this Pass, the Governor of Curasoa sent out aVessel to demand the Prize of Capt. Drummond, but he refus'd torestore her, fir'd at the Dutchman and beat him off. Before the Takingof this Snow, Capt Drummond had taken two Sloops, one was sent intoJamaica and condemn'd there, the other being a good Sailer, he hasfitted out for a Tender, with 30 Men, and Arms suitable, under theCommand of Capt. Sibbald; she is call'd the _Victory_. On the 16th ofFebruary, the _George_, the _Victory_, and the Prize Snow, being inCompany off Hispaniola, were chas'd by two Men of War, which theysuppos'd to be Enemies; the _George_ and _Victory_ left the Prize, andshe was taken; but the _Victory_ falling in with the Grand EnglishFleet two Days after, found they were English Men of War, who hadtaken the Prize, and she was restor'd to Capt. Sibbald, by Order fromAdmiral Vernon. The _Victory_ convoy'd her thro' the Windward Passage, and return'd to look out for the _George_, from whom she Parted in theChase. "

The _Gazette_ of May 28 chronicles the arrival, May 24, of the sloop_Victory_, Sibbald, and gives an account of a glorious fight, May 15, in which Capt. Sibbald, attacked simultaneously by a Spanish ship andsloop, had beaten both off. His owners rewarded his valor with apresent of a silver-hilted sword. The _Gazette_ of June 4 adds, "Thisday arrived the _George_ Privateer, belonging to this Place, fromJamaica. Capt. Drummond, who commanded her, died on the Passage". Seealso _Memorial Hist. Phila. _, I. 246, 247. ]

At the Court of Vice Admiralty held at Philada. For the Province ofPensilvania the 11th day of June in the fifteenth year of the Reign ofour Sovereign Lord King George the Second, Annoque Dom'i 1741. [2]

[Footnote 2: The reign of George II. Began on June 11, 1727;accordingly June 11, 1741, was the first day of his fifteenth year. ]

Before the Hon'ble Andrew Hamilton, Esqr. , Judge of the said Court. 

A Libel exhibited by John Sibbald[3] formerly Lieut. Now Capt. Of theSloop of War named the _George_ was read in these words. 

[Footnote 3: Later in the war Sibbald greatly distinguished himself ina privateering voyage in command of the _George_ (cruising in companywith the _Joseph and Mary_, refitted prize, in 1742) and of the_Wilmington_. _Memorial Hist. Phila. _, I. 247; _Pa. Mag. Hist. _, I. 247, XXXII. 466. In the next war he was commander of the province'sfrigate _Pennsylvania_, from 1757 to 1759. _Pa. Archives_, III. 190, 658. The ships' register of the port of Philadelphia shows the sloop_George_, of 50 tons, John Sibbald owner, sailing out on this presentvoyage Nov. 12, 1740. _Pa. Mag. Hist. _, XXIII. 513. ]

Pensilvania, in the Court To the Hon'ble Andrew of Vice Adml'ty Hamilton, Esqr. , Judgess. Of the Court of Vice Admiralty for the Province of Pensilvania. [4]

[Footnote 4: Andrew Hamilton the elder (1676-1741), the most famouslawyer of Pennsylvania, defender of John Peter Zenger, constructor ofthe State House (Independence Hall), speaker of the assembly1729-1739, was admiralty judge from 1738 to 1741. He died a few weeksafter this trial, Aug. 4, 1741. For a sketch of him, see _HistoricalMagazine_, XIV. 49-59. ]

John Sibbald, now Captain and Commander of the Sloop of War named the_George_, of the Burthen of Fifty Tons, mounted with twenty-four gunsand now riding at Anchor in the Port of Philadelphia, gives the Courthere to understand and be informed, That the Sloop afd. Was equipped, victualled, fitted out and armed at the proper Costs and Charges ofhimself and others, owners of the said Sloop, Inhabitants of thisProvince and Subjects of his present Majesty George the Second, Kingof Great Britain, France and Ireland, Defender of the Faith, etc. Andthat Seth Drummond, late of Philada. , Mariner, deceased, then beingCaptain and Commander of the said Sloop, was on the eleventh day ofOctr. One thousand seven hundred and forty duly authorized andcommissioned with the same Sloop as a Vessell of War or Privateer toTake, Seize, make Prize of or destroy any of the Ships, Vessells, Goods or Effects of the King of Spain or belonging to any of hisVassells or Subjects or others inhabiting within any of his Countrys, Territories or Dominions. [5] That He the sd. Seth Drummond, being soauthorized and Commissioned with his Marriners, Sailors and Soldierson board the said Sloop, afterward (that is to say) Between the firstday of January in the year of our Lord one thousand Seven hundred andforty[6] and the first day of April one thousand Seven hundred andforty one, on the High Seas and within the Jurisdiction of this Courtdid discover, pursue, apprehend and as lawfull Prize did take from theSubjects of the said King of Spain and others inhabiting within hisCountries, Territories and Dominions who then were and still are theopen and declared Enemies of his said Majesty King George, One Vessellcommonlly called a Snow of the Burthen of Eighty Tons or thereabout, and one Cannoe, with their Tackle, Furniture and apparel, togetherwith the Ladings of the sd. Snow and Cannoe, consisting of One hundredand Seventeen Pipes, Ten Hogsheads and two Quarter Casks of Wine thegrowth and Product of the Island of Teneriffe, one of the Territoriesof the said King of Spain, fifty and Six marble Mortars and ninedropping Stones, and two Negro men, which Snow, Cannoe, Wine andNegro's, Mortars and Stones, at the times of their several Captionswere belonging to and the Right and property of the Subjects of thesaid King of Spain and others inhabiting within his said Countries, Territories and Dominions, who were and are the open and declaredEnemies of his said Majesty King George. Wherefore the sd. JohnSibbald, for himself and the other Owners of the sd. Sloop, praysthis hon'ble Court, the premises being proved, That the sd. Snow, Wineand Negroes may be adjudged and condemned for the Use of the Owners ofthe sd. Sloop and other the Captors aforesd. As lawfull Prizes andPurchase of War according to the Laws Marine, Laws of Nations andCustoms of War. 

JOHN SIBBALD. 

[Footnote 5: The letter of marque, dated Oct. 11, 1740, is recorded inthis same manuscript volume, p. 143. It names Seth Drummond captain, John Sibbald lieutenant, William Dowell (see under June 23, below)master. ]

[Footnote 6: 1740 by old style, the new year beginning Mar. 25; by newstyle, 1741. The capture of the _Princess of Orange_ took place Feb. 24, 1741, N. S. (Feb. 13, O. S. ), near Aruba. ]

Whereupon Proclamation was made, If any one hath ought to say why theSnow, Wines, etc. In the sd. Libel ment'd ought not to be condemned aslawfull Prize, let them come forth and they shall be heard. And noneappearing to do this, The Court adjourned till Saturday the 13th inst. At 10 o'clock. 

_June 13th. _ The Court met. 

The Libel read and Proclamation made a second time and Juan Milidony, the late Master of the said Snow, being sent for comes into Court, andJohn Jordan and Patrick Orr, Persons well skilled in the SpanishLanguage, were sworn faithfully to interpret between the Court and thesd. Milidony as also faithfully and truly to translate all such Papersrelating to the Capture and Prize aforesd. As shall by the directionof the Court be laid before them for that purpose, as well on the Partof the Captors as on the Part of the Claimers if any such shallappear. 

The Judge then informed the said Milidony of the Mode of proceeding tobe observed by the Court and ordered all the Papers taken in and withthe said Snow to be produced. Which being done, notwithstanding thesd. Milidony did not offer or give the Security required of a Claimerby the Act of Parliament, The Judge permitted him to view and pointout any Papers he pleased in order to satisfy the Court that it was nolawfull Prize; which he did without alledging or so much asinsinuating the Loss or Embezilment of any Papers. 

The Judge then directed that the Preparatory Examinations should betaken, and translations made of the material Papers in order forTryal. 

Accordingly _June 23d_, the Proofs being prepared, The Court met

The Libel read and Proclamation made a third time. William Dowell, [7]Sworn, says That upon the Death of Capt. Drummond he succeeded as nextOfficer in the Command of the _George_ and took possession of thePrizes Papers and that he hath exhibited the same all into Courtwithout addition, subduction or Embezilment to his knowledge. 

[Footnote 7: Captain William Dowell died in 1768, _aet. _ 49, "a goodhusband, a sincere friend, and an honest man", so says his tombstonein Christ Church yard. He had an important part in the privateeringexpeditions from Philadelphia in this war. In the _Memoirs_ of PeterHenry Bruce, chiefly occupied with his service in the Russian armyunder Peter the Great, but ending with a narrative of militaryengineering services in the Bahamas and South Carolina, that authorgives an account (pp. 403-408, 421) of the capture of two rich Spanishprizes in September, 1742, "by John Sibbald of the _George_ schooner, and William Dowall, of the _Joseph and Mary_ sloop, both privateersfrom Philadelphia", who brought them into New Providence; and hevehemently accuses Governor Tinker of defrauding them and theirPhiladelphia owners by machinations lasting all through that winter. "All our Privateers", he adds, "intended to have made this place theirgeneral rendezvous; but the treatment Sibbald and Dowall met with, prevented any from coming near us". Later, May, 1744, the journal ofWilliam Black shows Dowell as again commander of the _George_schooner, 14 carriage and 18 swivel guns, then fitting out in theDelaware; and in 1746 he commanded the _Pandour_ privateer. _Pa. Mag. Hist. _, I. 247, XXXII. 465. ]

Then the Proofs were exhibited as follows, viz. 

1. A True Translation from Spainish to Inglish of Mr. John Malidoni'sBill of Sale of the Snow _Princess of Orange_--

Be it Knowen that I John Melidoni, of the Dutch Nation, residing inthis Village and Port of Sta. Cruz de Teneriffe, Grants anda[c]knowledges by this prest. Bill of Sale that I do now and foreverreally and effectually from hence forward sell and bequeath unto Mr. Peter Doscher, junr. Of said Dutch Nation, Mercht. In this expressedport, To and for him and whomsoever he may represent, a Dutch[8] Snownamed the _Princess of Orange_, burdening (a little more or less) onehundred Tuns, with her Masts, yards, Cables, Rigging, anchors andother adherences or Necessarys that shall be found on board of herand contained in the Inventory that I have delivered to the Buyer, which are my property and free from Mortgages and other Ingagements, which I came by and bought after the Conclusion and end of a Processwhich was carried on in the Court of Admiralty before Mr. Peter JosephFerrer, one of the Notary Publicks of this Island, Sub-delegated bythe intendent General of Marine in Cadiz, first officer of saidAdmiralty Court, [9] as appear by a Certifacation thereof, to which forthe firmness of this Instrumt. (this day dispatched at my request) Ireffer. This I do for the Condsid[er]ation and price of one thousandand five hundred Dollars Exrs. [10] of eight royals of plate each, andIn conformaty to an agreemt. Concluded between us for sd. Snow, and Ido hereby acknowladge the said Buyer has given and paid me the abovementioned Sum in ready usefull Currt. Mony of this Island, and whereassd. Money's are really and Effectually in my Possession and were notDelivered me in the Presence of a Notary Publick that he might givefaith thereof, I Confess myself to be contented, Satisfied and to havemy intire Satisfaction, reced. Said Sum, and therefore revokes andrenounces the Laws of Delivery's, Payments and all others that mightbe in my favour, and for the Said Sum of one thousand five hundredDollars I do here in due form give him my full recept and aquittance. I declare them to be the just Valuation and true Price specified insd. Inventory of Sd. Snow and all annexed and appertaining to her. AndI further Declare, that they are not worthe more, and that if atprest. Or at any other time they should be seen and Deemed to be ofgreater Value, be it much or little, I do hereby freely and actuallygive and bequeath it to said Byer and his heirs, and renounces allrights and titles thereunto, and all Laws and Customs that might giveme any right or Title to them, and so resignes the whole Propertey Ihad in them and Transfer it unto him the said Buyer and his heirs, that he, they or any other Person he shall name, may administer, owneand Govern her as he shall think Proper, and I give him full power andfaculty to comprehend his Possession when and as he pleases, anduntill he takes it I constitute myself the Possessor, ready andwilling to Deliver whenever he shall demande her; and as the realSeller of Said Snow, I oblidge myselfe, personal Estate and moveablesthat I Possess or may hereafter Possess, for his Peacable Possessionof her, and I give his Majesties Justice and Judges full Power tooblidge me so to do, and that with the Same authority as they can doin Cases and Causes already Sentenced. And I again renounce all theLaws and Customs in my favour and makes this Bill of Sale in due formin this Village and port of Sta. Cruz de Tenerife the 13th December1740. The maker of this Instrument that I the Notary Publick, do givefaith, Knows, and that he Sayed, I freely Grant and Sign this in thepresance of the Witnesses Don Arnoldo Vane Stemfort, Consul General ofsaid Dutch Nation in this Island, [11] Peter Dufourd and John AnthonayGanancho, all Livers in this Village. John Melidoni's, made before meJoseph Vianes de Sales, N. Publick. Agrees with its original made inmy office and remains in my Register, to which reffers and Sign

In Testimony of the Truth

JOSEPH VIANES DE SALES. 

N. P. 

[Footnote 8: Originally Irish; see the testimony of Gaspar Fajardo, below, 9. ]

[Footnote 9: Under Spanish law, at this time, cases of prizes taken onthe high seas fell under the jurisdiction of the _intendente generalde marina_ for the nearest district, with appeal to the council ofmarine. ]

[Footnote 10: It is probable that the original read "dollars ofexchange", in which Spanish reckonings were sometimes made. They wereinferior dollars, worth only about four-fifths as much as the standardSpanish or Mexican dollar. "Eight royals of plate" means eight realsof silver. ]

[Footnote 11: Appears also in doc. No. 142, as do also Dufourd and thenotary Joseph Vianes de Salas. ]

We underwritten Certify that Joseph Vianes de Sales, before whom itappear the above Instrument was made, is a Notary Publick of thisVillage, and that faith and Credit is and has been given to him andhis Instruments and we now give testimony of the Same. 

FRANS. BETOM LONALT. PETER JOSEPH FERRERA, N. P. K. SANIONY BIMENTEL, N. P. K. ROGUE FRANS. PENEDO, N. P. K. 

2d. A True Translation of Mr. Peter Doscher's jun's. Letter wrote inFrench from Sta. Cruz de Teneriffe To Mr. Mestre in Curacao, viz. 

STA. CRUZ DE TENERIFFE, the 7th Ocbr. 1740. 

Mr. Mestre. 

_Sir_, The Bearer hereoff by Gods assistance will be Capt. John Melidoni, Commander of the Snow _Princess of Orange_, which I take the Libertayto address you with her Cargo and here Inclosed you'l find Invoice andBill of Lading for the Same made in your favour, or in your absence toMessrs. Rodier and Le Cire, and I beg of you, Sir or Gentlemen, thatyou will be Pleased to make the most you possibly can of them. This isfor a Tryal and if it Turns to Acct. Shall Continue more Largelyhereafter. 

The 50 pipes marked A. R. Are Numbred on there heads from No. 1 to 50, and are made wines to Imitate those of Madera's, and are in Cask ofthe Same Largeness and Fabrick and I asshure you of a good Quality. The 30 pipes marked V. P. Are on the Lies;[12] they are the wines weCall heare Vidono, [13] there pipes larger then those of the Maderas. Ibeg you'l procure me the best Sales you Possibly can for the whole 80pipes; be it eather for Mony or in barter of some other goods that maybe Pres[en]ted and without Limiting you to any Thing, for I amConfidant you will have my Interest at heart as if your own. Pray Opena Seperate Acct. For the 30 pipes marked V. P. , for Possibly I mayResign the Amount of them over to an other person, but in that caseyou'l be Pleased to Detain 450 Dollars in your hands for therefreights at the rate of 15 Dollars each Pipe and 5 p. Ct. More for theAverage[14] on the freight of them, that you'l please to pay theCapn. , that is to Say only the Meer 5 p. Ct. , for the 450 Dollars mustbe Clear of all Charges, and that altho they Came to hand full orEmpty. If they Sell for Money must deliver the Money, if in Barterdeliver the Comoditys you barter them for, not omiting to detain therefreights and joyining it to the Acct. Of the 50 pipes. 

[Footnote 12: Lees. ]

[Footnote 13: Vidonia, a dry canary. ]

[Footnote 14: A payment which owners of goods made to the master, inproportion to their consignments, for his care of the goods. ]

The remainder of the Cargo belongs to the Capn. Here Inclosed you'lfind a writing or Bill of Sale made before a Publick Notary of theVesels being Sold to me, which I Judge proper to Send that noDifficulty's may arise in the Sale of the Vessel, and for that end Ialso Enclose you my power of Attorney, that you might act as you ShallJudge Proper and in Vertue of them I beg you'l Please to use youroutmost indeavours to Dispose of her. She Cost me, put to Sea, 2000Dollars, however you may Let her go if can do no better for 1300Dollars or less, if the Capn. Is willing; altho it appears as if Shebelonged entirely to me, he's half concerned in her so that you'lPlease to act in conformity with him in Sale of her. If you Sell herpay him his half of the neat Produce of what she sells for, and theother half must be joyned to the Neat proceeds of the 50 pipes beforementioned, and to make one Acct of them. Pray also pay Said Capn. 195Dollars and no more for the difference of freight due to him accordingto our Contract. 

Supose you cannot Possibly Sell the Vessel (which I again Earnestlybegg you'l indeavour to do) must then Procure her a freight and Partlyload her out of the Neat Proceeds of the wines and procure the residueof her Cargo from your friends. In this Case you and the Capn. Will bePleased to contribute Each one half of the Charges the Vessel will beat to Set her out to Sea, not omiting a Passport from yourGovernor[15] Such as he now has from the Dutch Consul here. You are togive the Capn. Necessary instructions for his Voyage. If it Should befor Amsterdam, you must address both Vessal and Cargo to Mr. PetterDoscher, and if for any other Port may Consigne her to whom youPlease, ordering the Produce of both freight and Effects to be remitedto Said Mr. Doscher of the Capital you intend to Passe into his handsthat he might if Should be thought proper cause it to be Insured. Ifthe Capn. Should die in the Passage (which God forbid) you must thenafter the arrivall of the Vessell put in one to your Satisfaction andalso procure the Sale of his 45 pipes of Malvasia[16] and Vidonowines, and Remit there Neat proceeds with a Seperate Acct. To said Mr. Doscher, and in Case I should not resign over the Amt. Of the Said 30pipes V. P. You must also remit there Net proceeds and a Seperate Acct. To said Mr. Doscher, and joyn the 450 Dollars to the Acct. Of the 50pipes. You are to pay one half of the mens wages and the Capn. Theother half, deducting what they have recevd. As p. Said Cap's. Catalogue. In short, altho I notte you all these Circumstances yett Ibeg your Principall imply[17] may be in the Sale of the Vessel for asmuch as she will fetch, and Persuad the Captn. That it is his Interestif he rightly Considers the Charge of Victualing and seting her outfor a Voyage to Holland, to which I begg your Particular attention. 

[Footnote 15: The Dutch governor of Curaçao. ]

[Footnote 16: Malvasia (Gr. Monemvasia) was a town on the southeastcoast of Greece. The term malvasia wine, or malmsey, was originallyused of a wine coming from that locality, but afterward, as here, ofcertain madeiras. ]

[Footnote 17: Employ. ]

Enclosed you'l find a notte of what the mens wages amount to monthlyand so also a paper in Vertue of which you'l make the Capt. Pay you120 Dollars. I begg you'l Lett me know via Holland or per firstOpertounaty the Success of this Enterprise. Interim I remain withHumble Submission

Sir

Your Most Humble and obt. Ser't, P. DOSCHER, Junr. 

3d. Invoice of the following pipes of Wine laden for my acct. Andrisque to the Island of Curacao upon the Dutch Snow called the_Princess of Orange_, Cap. John Melidoni, and to the Consignation ofMr. Mastere, In his absence to Messrs. Rodier and Lecier Dwellingthere, Markt as in the Margent--

M. R. No. 1-50 Pipes of Vidonia Wines In Casks as they are at the Island of Madeira, Drawen from the Lees. 

V. P. 30 Ditto. Upon the Lees in Casks of this Island being Larger then those of Madeira. These Last are to pay 450 ps. Of 8/8 Freight, which Freight Mony you are to retain out of the Sales and folow my orders therewith. 

C. M. 18 Pipes of Vidonia } Z. 3 Do. Malmsey } Z. 1 Do. Malmsey in 2 half pipes } These pipes of Z. 1 Do. Malmsey in 4 Qr. Casks } Wine are the C. 15 Do. Vidonia } property of D. N. } Capt. John I. 45-1/2 } Melidoni. C. } D. N. 5 Do. Malmsey. } O. 2-1/2 Do. Malmsey } 125-1/2 pipes Vidonia and Malmsey } wines. }

STA. CRUX, THENERIFFE, 16th Xber[18] 1740. Errors Excepted P. DOSCHER, Junr. 

[Footnote 18: December. All these dates written in Teneriffe arenew-style dates. ]

4. Translation of one Bill of Lading, viz:

I John Mellidoni, Master under God of my Ship named the _Princess ofOrange_, now Laying ready at the Island of Theneriffe, to sail withthe first good and fair Wind God shall Send, to Sail for the Island ofCuracao, where my rightfull discharge is to be. 

I acknowledge to have recd. Under the Deck from you, Mr. PeterDoscher, junr. 

M. R. Fifty pipes of wine

V. P. Thirty pipes of wine, all Dry and well conditioned and marked asin the Margent, all which I promise to deliver if God Grants me a SafeVoyage with my Ship at Curacao aforesaid, to Mr. Mestre, and Inabsence to Messrs. Rodier and Lecier, or to his Factor or Deputy, paying me for the freight thereof according to agreemt. , with avaridgeaccording to the Custom of the Sea, and to fulfill what is aforsaid, I bind my Selfe, all my goods, and my said Ship, with all herapparell. In testimony whereof I have Sign'd 4 Bills of Lading with myname, or my Clerk in my behalf, all of one tenour, one whereof beingfullfil'd the other to Stand void. Written in Sta. Crux upon theIsland Theneriffe the 16th Xber 1740. 

Insides and Contents unknown. 

JAN MILIDONY. 

The Translation of the Substance of 2 other Bills of Lading viz--

1st. 

1. DCN. 18 pipes Vidonio wines of the outward marks. [19]2. C M. 5 pipes Malvasia wines in whole pipes 2 half pipes3. C M. And 4 quarter Casksthe residue Z. 1 Bag of venice Thread buttons 2 quarter cask Vidonio of the first mark 1 Bar'l. Of Raisons and figs 8 Distil Stones 60 Stone Mortars 1 Bag of Venice thread buttons cont'g 504 gross

All Shipped By Capn. John Milidoni on bourd the Dutch Snow Call'd the_princess of Orange_, whereof he is Mr. And are for his proper Acct. And Risk, Consigned to himself, in his Absence to Mr. Mastre and inthe absence of both to Messrs. Rodier and Le Cire In Curacao. 

2d. 

DCN. 15 pipes Vidonio wines of the without mark. [19]DCN. 7-1/2 idem Malvasia wines in 5 whole pipes and 5 half pipes of the without mark. 

[Footnote 19: _I. E. _, with marks like those here given in the margin. ]

All Shipped by Capn. John Milidoni on board the Dutch Snow Called thePRINCESS OF ORANGE whereof he is Mas'r. And for Acct. Of the newCompany in Venice[21] Consign'd to himselfe, in his absence to Mester, and in the absence of both to Messrs. Rodier and LeCire in Curacao. 

[Footnote 21: Not identified. ]

5. Translation of Anthony Pereda's Declaration. 

Declaration of Anthony Pereda Stower of the first that was loaded onthe Ship _Princess of Orange_ for account of Andrew Jayme born in theCity of Laguna[21] Eighteen or Twenty Pipes of wine, Secondly Mr. Stephen Pereda has loaded for his Acct. Thirty pipes of wine, born inthe City of Laguna I can Swear under my hand 11th of February 1740. 

ANTHONY PEREDA. 

[Footnote 21: San Cristoval de la Laguna, an old town on Teneriffe, four miles inland from Santa Cruz. ]

6. Translation of a Spanish paper Signed by The Spanish Seaman. 

This we write to Declare that the Snow called the _Princess of Orange_and the Cargoe belongs in truth to the Spainish Merchants, and theDutch Pass and Colours were only for a pretext in the affair; forwhich we have Set our names in testimony of the Truth upon Oathdeclaring to be forced neither by the Capn. Nor any of the officersnor by imprisonment, one the contrary have been well used. Eleventh ofFebruary 1740. 

GASPAR FAJARDO. JOHN GONSALES YANES. VINCENT ANTONIO. FRANCIS RODRIGUES. FRANCIS TABIEL. ANTONIO PEREDA. 

7. The affidavit of the Spanish Sailors taken before James Abercromby, Judge Advocat to the Army before Carthagene. [22]

[Footnote 22: In the summer of 1740, when the expedition againstCartagena, under Vernon and Cathcart, was being planned, Capt. JamesAbercromby was made judge-advocate-general to the military forces. _Gent. Mag. _, X. 358. This was the same Abercromby who afterwardfailed so lamentably as commander-in-chief of the British forces inNorth America, and at Ticonderoga, 1758. ]

This day personally appeared before me Captain Seth Drummond ofPhiladelphia and Commander of a Privatteer Sloop Called the _George_bringing along with him three Spainards Called Geronimo Faxardo, francisco Roderigues, and Antonio Pereda, who being duely Sworn by theSiegn of the Cross, being the manner of their Nation, do Depose thaton the Twenty fourth of February last past, New Stile, a little toleward of the Island of Aruba, [23] in the West Indies, they being in aSnow come from the Island of Thenerife called the _Princess of Orange_and Commanded by Capt. John Melidoni Loaded with wine, were taken bythe above Capt. Drummond and they further Depose that notwithstandingtheir Said Captain Melidon had a Dutch passport and wore Dutch Coloursyet in reality the Said Snow and her Cargo did belong to SpainishMerchants in the Said Island of Thenerife, and that they had no Dutchman on board, on the Contrary all the Crew were Spainards except theSaid Captain, the Mate, and the Boatswain, and this They Depose by theInterpretation of David Campbell, Commisary of the Stores of war andprovisions in the Brittish army before Carthagena; being for thisEffect duly Sworn. Dated at the Camp before Carthagena this Sixth Dayof April one thousand Seven hundred and forty one and of his MajestiesReign the fourteenth. 

[Footnote 23: Aruba lies in the southernmost part of the Caribbean, off the Venezuelan coast and west of Curaçao. ]

Sworn before me JAMES ABERCROMBY, Judge advocat to the army before Carthagene. 

GERONIMO FAXARDO. HisFRANCISCO [X] RODERIGUES. MarkANTONIO PEREDA'S mark [X]DAVID CAMPBELL. 

8. Translation of the Portlidge Bill[24] from the Spanish. 

[Footnote 24: A portledge bill was a register of sailors' names andclaims for wages or allowances. ]

Catalogue of the mens names and their monthly wages

Captain wages @ 30 × 8 p month commencing from the 17th Xbr. 1740. Pursers idem @ 20 Do. David Guise 13 Do. Gaspar fasado 6 Do. Francisco Gras 7 Do. Fran'so Roldan 9 Do. Visente Dias 9 Do. Francis Tabier 9 Do. Antonio Perera 9 Do. Juan Gordes 9 Do. Vincente Antonio 9 Do. -----

each month ps. 8/8, 130 and on acct. Have received 174 Dollars asp. Capn. Acct. 

9. Court of Vice Admiralty Pensilvania. 

Gaspar Fajardo a Native of the Island of Teneriff part of theTerritories of the King of Spain and one of the Mariners taken onboard the Snow called the _Princess of Orange_, being Solemnly Swornby Sign of the Holy Cross according to the manner of Adminstring oathsin Courts of Justice within the Kingdom of Spain, Deposeth and Sayeth

That last year He sailed from the Havana and arrived at the SaidIsland of Teneriffe sometime in the month of August last past. Thatupon his arival, he was hired by one Captain John Melodny lateCommander of the Said Snow called the _Princess of Orange_ and oneAndrew Haymas a Native of the Said Island of Teneriffe to go a Sailoron board the Said Snow then rideing at anchor at the Said Island. Thathe was informed the Said Snow was built at Dublin in Ireland and thatshe with another Vessell was cut out of the Road of Santa Cruz on theCoast of Barbary[25] by a Spainish Privateer, brought into the SaidIsland of Teneriffe, and Condemned as a prize taken from the Subjectsof the King of Great Britain and there Sold to the Said Capt. Milodony. That he sailed in the Said Snow from the Said Island inabout two days after his arrival there from the Havana for the Islandof Curacoa; but missed that Island, and fell in with the Land ofCora[26] and came to an anchor there. That perceveing the people onShore to be in some Confusion the Master let fly a white Sheet withsome red rags Sewed thereon in form of a Spanish Ensign;[27] and thenthe Said Capt. Melidony went on Shoar. That the Sailors saying theywanted victuals the said Capt. Melidony went up to the Town to theGovernor or Chief magistrate and Sold him Four Quarter Casks of wineand recived for it about Forty Dollars. That the Said Capt. Melidonygot some provisions there and afterwards returned on board the Snow. 

[Footnote 25: On the west coast of Morocco; the famous modern Agadir. ]

[Footnote 26: On the Venezuelan mainland, south of Aruba and southwestof Curaçao. ]

[Footnote 27: The Spanish flag bore red horizontal stripes on a yellowground. ]

The Deponent being asked what Cargo was on board the Said Snow and towhom the same did belong, He saith that the Snow was loaded with winesat the said Island of Teneriffe, and that Antonio Pereda a Sailor onBoard the Said Snow who had received the Said wines on board andStowed them in the Vessell frequantly after the takeing of the SaidSnow informed him that eighteen or Twenty Pipes of the wine belongedto the aforesaid Andw Haymas, and that one Stephen Pereda a Spainardborn as he beleves on the Island of Teneriffe aforesd. Owned twentyeaght or thirty Pipes of the Said wines. That the first Information hereceived concerning the Said Andrew Haymas and Stephen Peredas owningthose wines was after takeing the Said Snow and from the Said AntonioPereda who upon Examination by the Commander of the Privateer calledthe _George_, freely and without any forse or Compulsion confessedthat So much of the wines as are above mentioned, of his own Knowladgedid belong to the Said Andrew Haymas and Stephen Pereda. 

And this Deponant furthar saith, the paper now Shewn and read to himmarked No. 8[28] Signed by himselfe and Six other Spanish mariners, was Signed by them freely and without Compulsion and contains nothingbut Truth to the best of his Knowledge. 

[Footnote 28: No. 6 above. ]

That he heard the paper marked No. 11[29] now Shewen and read to himand read to the Said Antonio Pereda who in the presance of theDeponant freely and without any Constraint signed the Same andDeclared the Contents thereof to be true. 

[Footnote 29: Apparently no. 5 above. ]

And the English Deposition marked No. 8[30] being likewise Shewen tothis Deponant and the Contents thereof explained to him by anInterpreter duly Sworn and qualified for that purpose, [Footnote 30: No. 7 above. ]

He deposeth and Saith, That he with the other Deponents in the SaidDeposition named did before James Abercromby in the said Depositionnamed make oath to the truth of the Contents of the Sd. Deposition anddid Sign the Same in the presence of the Said James Abercromby freelyand without Compulsion and further Saith, the Said Deposition containsnothing but the Truth to the best of his Knowledge and Belief. 

GASPAR FAJARDO. 

10. Court of Vice Admiralty Pensilvania. 

Francesco Rodrigues a Native of the Island of Teneriffe and one of theMariners taken on board the Snow Called the _Princess of Orange_ beingSolemnly Sworn by the Sign of the Holy Cross according to the mannerof administring Oaths in Courts of Justice within the Kin[g]dom ofSpain Deposeth and Saith

That he saw the Said Snow sold as a prize at the said Island ofTeneriffe to Capt. John Milodony by order of Some Court there, but theparticular time of the Sale he cannot Remember, That He was Shipped asa Sailor on board the Said Snow by the Said John Milodony and oneAndrew Haymas, a Spainard and Inhabitant of the said Island. That thesaid John Melodony cairried this Deponant and three other Sailorsbelonging to the Said Snow to the House of the said Andrew Haymas inthe said Island to receive advance wages on the Intended Voyage andthat there the said Andrew Haymas did pay this Deponent nine Dollarsfor such wages and gave him a Note to pay nine Dollars more to theDeponant's wife, and then did pay the advance wages to the other threeSailors, all of which was done in the presance of the said JohnMelidony and that the Said Andrew Haymas was on board the Said Snow atthe time of her Sailing from the Said Island of Teneriffe; and thisDeponant further Saith, that after their Departure from the Sd. Islandon their voyage to the Island of Curacoa, they missed the said Islandof Curacoa and made the Island of Tobago[31] which the Pilot said wasto windward of Curacoa. That they went from thence and fell in withthe Land at Cora where they came to an Anchor. That the people onShoare appearing to be in some Confusion, the Capt. Melidony hoisted awhite Sheet with some red Rags sewed thereon in form of a SpanishEnsign, which Seemed to appease the People, and then the Captain wentashore in his Boat and got some Provisions. That they afterward leftCora and fell into Leeward of the Island of Aruba where they dropedAnchor at some distance from the Shoare and were there taken by thePrivateer Called the _George_. And this Depont. Further Saith that intheir Voyage the Sailors on board the Said Snow did Sometimes expresstheir Fears of being taken by an English Privateer and that the SaidCapt. Milodony bid them not to be afraied for he had got a Dutch Passand Dutch Colours. That when Capt. Melidony's Sailors who were goingashore with him in the boat to the Said Island of Aruba, saw the SaidPrivateers Boat going on board the Said Snow they asked him whatSignified his Dutch Pass and his Dutch Colours if that should be anEnglish Privateer, to which he answered, be not afraied for my Passand Colours will bring us off, or Save us, and this Deponent beingasked what Cargo was on board the Said Snow and to whom the Same didbelong, he Saith, that the Snow was loaded with wines at the SaidIsland of Teneriffe and that Antonio Pereda a Sailor on board the SaidSnow who had received the Said wines on board and Stowed them in theVessel, frequently after the takeing of the Said Snow informed him, that eighteen or Twenty Pipes of the wine belonged to the aforsd. Andrew Haymas, and that one Stephen Pereda a Spainard born as hebelives on the Island of Teneriffe aforsaid owned twenty-eight orThirty Pipes of the Said wines. That the first Information he receivedconcerning the Said Andrew Haymas and Stephen Pereda's owning thosewines, was after takeing the Said Snow and from the sd. Antonio Peredawho upon examination by the Commander of the Privateer Called the_George_, freely, and without any Force or Compulsion confessed thatSo much of the wines as are above Mentioned, of his own knowledge, didbelong to the Said Andrew Haymas and Stephen Pereda. 

[Footnote 31: One of the Lesser Antilles, far to the east of Curaçao. ]

And this Deponant further Saith that the Paper now Shewn and read tohim marked No. 10, [32] signed by himselfe and Six other Spanishmariners was Signed by them freely and without Compulsion, andcontains nothing but Truth to the best of his knowledge. That he heardthe paper marked No. 11, [33] now Shewn and read to him, read to theSaid Antonio Pereda who in the presance of the Deponant freely andwithout any Constraint signed the Same and declared the Contentsthereof to be true. And the English Deposition marked No. 8[34] beingLikewise Shewen to this Deponant and the Contents thereof explained tohim by an Interpreter duely Sworn and qualified for that purpose, HeDeposeth and Saith, That He with the other Deponants in the SaidDeposition named, did before James Abercromby in the same Depositionnamed, make Oath to the Truth of the Contents of the Said Deposition, and did Sign the Same in the presence of the Said James Abercrombyfreely and without Compulsion, and further Saith, the Said Depositioncontains nothing but the Truth to the best of his knowladge andBelief, and this Deponent further says that the forementioned Snow_Princess of Orange_ was navigated by Seven Spainish Seamen besidesthe Captain the Pilot and one Seaman being Irish and one nativeFrenchman who was most of his life in Teneriff, That the Paper nowShewn to him marked A. [35] contains the names of the Said Seamen andthe Deponent verily belives is of the handwriting of the for saidAndrew Haymas. 

 hisFRANCISCO [X] RODRIGUES mark

[Footnote 32: No. 6 above. ]

[Footnote 33: No. 5 above. ]

[Footnote 34: No. 7 above. ]

[Footnote 35: No. 8 above. ]

And it appearing from the whole Tenor of the Evidence, that the SaidSnow and her Cargo, were at the time of the Capture, the Property ofPersons residing in the King of Spain's Dominions, viz. At Teneriffand Cadiz

It is considered by the Court That the said Snow _Princess of Orange_, Wines, and all other her Cargo, are, and hereby stand Condemned aslawfull Prize. 

PAT. BAIRD, Regr. [36]

[Footnote 36: Dr. Patrick Baird was clerk of the privy council1723-1726, 1740-1742, clerk of the admiralty 1724-1735, register ofthe admiralty court 1735-1744, and deputy judge of that court1749-1752. ]

THE _YOUNG EAGLE_. 

_166. Petition of John Jones. December 30, 1741. _[1]

[Footnote 1: Mass. Archives, vol. 64, pp. 124-125. For the _YoungEagle_, Captain Dumaresq, and Captain Rous, see doc. No. 128, notes 2and 9. ]

Province of the Massachusetts }Bay December }30th, 1741 }

To His Excellency WilliamShirley Esquire, CaptainGeneral and Governourin Chief in and Over theProvince aforesaid, Andto The Honble. His MajestysCouncil of saidProvince, The Petition of John Jones of Boston in theCounty of Suffolk Merchant

Humbly Sheweth

That about two Years ago One William Loud now residing in Boston wentOut in the _Young Eagle_ Privateer, Phillip Dumarasque Commander, bound on a Privateering Voyage whereof your petitioner with otherswere Owners. That the said Loud behaved himself on board in Such amanner, that he was put on board One of His Majestys Ships of warr atGiberalter for Mutiny, from whence he afterwards found means to runaway, and came to Boston, and applyed himself to your petitionertelling him he could Inform him how the Officers of sd. Privateer hadgreatly wronged your petitioner, That your petitioner being wellInformed of sd. Louds Actions, Mutinying and Ill behaviour on boardthe said Privateer, thought proper not to Shew him any Countenance orhear any thing he had to Say, whereupon the said William Loud then, and from time to time Since, hath greatly abused and Insulted yourpetitioner, and has vowed and threatned to take revenge on yourpetitioner but for what reason he cannot tell. 

That your petitioner has been Informed by Several Gentlemen of hisAcquaintance, and is well assured, that sd. Loud has twice in thenight besett your petitioners house, and there waited Several hours, with others unknown in Order to met your petitioner going in or comingout, and do him Some bodily hurt or take away his life, which yourpetitioner is actually apprehensive of, from the many threatnings ofsd. Loud. 

That your petitioner having just reason to fear that his life was inEminent danger applyed to Justice of the peace, and Swore the peaceagainst sd. Loud, but could not prevail upon any Officer to take saidLoud up and carry him before a Justice, and the reason, as yourpetitioner thinks, is that they are affraid of him, he said Loudalways appearing armed with a great broad Sword, and a Number of hisComrades with him, and Seems to bid Defiance to the Government and allAuthority; That your petitioner when he has Occasion to go abroad atnight, or come home to his house is Obliged to get a number of hisfriends to be with him for fear of being Insulted, abused or killedby sd. Loud. 

That notwithstanding your petitioner obtained Leave from theGovernment to beat up for Sailers to man the _Young Eagle_ privateer, John Rous Commander, now bound on a privateering Voyage, yet the sd. Wm. Loud in a riotous manner followed the Drum about the Town cursingand abusing the Captain, and Several times Colloured[2] theLieutenant, tho' he had never Seen him before. That the sd. Loud StillContinues to behave himself in this riotous manner, and to threatenyour petitioner with revenge either to kill your petr. Or burn hishouse, or both, whereby your petitioner justly thinks his life andInterest are both in absolute danger from this Loud and hisAssociates. 

[Footnote 2: Collared. ]

Wherefore your petitioner most humbly prays your Excellency andhonours to take this affair into Consideration and to look into thetwo protests herewith presented wch. Plainly Shew that sd. Loud wasOrdered on board a Man of warr for his mutinying and Ill behaviour onboard the sd. Privateer, And that your Excellency and Honours wouldplease to Order that sd. Loud may be taken up and put on board one ofhis Majestys Ships now in this Port, or otherwise to Order in thepremises, for the relief and Safety of your petitioners person andInterest, as your Excellency and honours Shall think most proper. 

And your Petitioner as in duty bound Shall ever pray, etc. 

JOHN JONES. 

THE _HAWK_. 

_167. Vote of Privateering Crew. June 29, 1744. _[1]

[Footnote 1: Mass. Archives, vol. 64, p. 252. ]

Friday June 29th, 1744, at a meeting of the Captain and Officers onboard the _Hawk_ Privateer Samuel Waterhouse Comander; it was put tothe vote wether we should follow and pursue the Sloop we have been inchase of

Content not Content. SAMUEL WATERHOUSE. [2] JOHN CULLAM. THOMAS RAPPITT. JAMES HUDSON. THOMAS WALDEN. 

[Footnote 2: See Boston Record Commissioners, _Reports_, XV. 33-44. ]

a True Copy from theOriginal vote Book belongingto the _Hawk_ Privateer. 

REYNOLDS SEAGERQuartermaster to theOwners of the _Hawk_. 

Essex ss. Glocester Augstthe 13, 1744. Then ReynoldsSeager the Quartermaster tothe Owners of the _Hawk_pursonally appeared and gaveoath to the truth of what IsAbov Rittn Before JOSEPH ALLIN[3] Justis Peace

[Footnote 3: Joseph Allen was the chief landholder of Gloucester. ]

_168. Petition of William Ward. 1744. _[1]

[Footnote 1: Mass. Archives, vol. 64, p. 254. See doc. No. 170. ]

Capt. Waterhouse

_Sr_

I Hope Youll Excuse my Taking the Liberty in Writing to you. But as apoor Creminall Confined, hopes that you and the Gentleman in the Cabinwill Pardon the abrupt Treattment, I have Used Latly, but all Owing Toa Moros Way in answering when Called: Which I Acnowledge is Notshowing agood Decoram: Sr, as for the Afair I Was Accused with lastnight it was Done intirely Thro ignorance, that is that I thought Imight Speak freely without Shewing any Sedition: Sr, I must Likwiseacnowledge in Not Obeing the mastr was ill Done. Which I hope you andthe Gentlemen will freely Pardon: Sr, I am Sencible thro what I haveDone, Deserves Being Broke of my Station. Now Sr, I hope youll be soGood as To Pardon One Who Never in this World New What it was To beConfined. Which I Pray god grant to you: Which is Gentlemen from Yourhumble Sert: To Comd:

WM. WARD. 

P. S. Gentlemen I hope for the Time To Come, To be Deserving of yourfavours. 

_169. Deposition of John Flood and Zechariah Foss. August 3, 1744. _[1]

[Footnote 1: Mass. Archives, vol. 64, pp. 245-246. ]

The Deposition of John Flood and Zachariah Foss who sail'd from Bostonon the 25th of June last in the Privateer _Hawk_, Samuel WaterhouseCommander. 

The Deponents testifye that being on Board the Brigantine _Hawk_commanded by Saml: Waterhouse, They on the 29th of June last, in theforenoon, betwixt the Hours of Eleven and Twelve, about 40 Leagues tothe South East of Cape Briton, spied a Sloop steering northward, andobserving that she had a White Pennant out[2] they gave her Chace, andeasily outsaild her and having got within about a Mile of her theSloop fir'd a Shot which fell about half a mile to Leeward of the_Hawk_, at the same time making all the Sail she could to run from us;upon which we fired at the Sloop five times successively; our firstand second shot fell to Leeward, The third went thro' her Foresail, The fourth went thro' both her Mainsail and Foresail, The fifth struckher forward towards her Bow: upon which we were ordered to bear away, (being then at the Distance of about forty Pole from her, as near aswe can judge) and as we bore away from the Sloop, we gave her threeChears (which were return'd us) and fir'd another Gun; The Sloop inthe mean time bearing close upon the Wind in order to make herEscape. Within the Space of about an Hour after, the Company in the_Hawk_ agreeing (all save the Captain and the owners Quartermaster) tofollow the Sloop and Engage her, We gave her Chace, but She having bythat time got to the Distance of about 3 Leagues from Us to windward, and a thick Fog arising, we lost Sight of her by about four of theClock in the afternoon; we however, kept our course in pursuit of hertill the next morning, but saw her not again. 

[Footnote 2: And therefore was presumed to be French. ]

The Deponents further declare that the Number of Hands on Board the_Hawk_ (including Boys to the number of 10 or 12) was one hundred andthirty eight; That she had twelve Carriage Guns--(viz: 2 ninePounders, 2 six Pounders, and 8 four Pounders, ) beside 20 or 22 SwivelGuns. 

That the Sloop (so far as they could judge) was of not more than halfthe number of Tun as the Brigantine _Hawk_. The Number of her Men theycould not guess at, being in great Measure cover'd by a Netting, whichSurrounded them; Save that they observ'd em to muster thick on theQuarter Deck. That not coming a Breast with the Sloop, the Deponentscould not discover the Number of her Guns, Save, that mr Floodimagined that he saw two Carriage Guns on her Larboard side. 

The Deponents further declare that they verily believe that had theBrigantine Engaged the sloop, the former might easily have taken thelatter, and that this was the Opinion of their Company in General. 

They further add, that when orders were given for their bearing offfrom the Sloop, Capt. Waterhouse declar'd as a reason for so doingthat his owners enjoyn'd him not to Engage with a Privateer. But thatwhen it was Voted by the Company to pursue the Sloop, he appear'd wellpleas'd that the matter was so over ruled, altho' his orders wereotherwise. 

The said Zachariah Foss further adds, that he heard Capt. Waterhousesay that thenceforward he would take all the Privateers that came inhis way. 

The sd Zachariah further declar'd that on the Day before the _Hawk_sail'd from Boston, sundry Gentlemen (whom he took to be her owners)being on Board, he heard e'm desire Capt. Waterhouse not to Engage anyPrivateer, for that the Vessel was not fitted for such a purpose, adding that should he take a Privateer, they should get nothing by it, but Rags and Lice and broken Bones. 

And the Deponents further say not. 

JOHN FLOOD. ZECH FOSS. 

Suffolk, BOSTON, August 3, 1744. The above named John Flood andZachary Foss made oath to the Truth of the foregoing Deposition. 

Before Us { S. DANFORTH } Of the Council. [2] { EL'M HUTCHINSON }

[Footnote 2: Samuel Danforth was a member of the council of theprovince from 1739 to 1774; Eliakim Hutchinson from 1744 to 1746, andjudge of the court of common pleas from 1741 to 1774; the lattermarried Governor Shirley's eldest daughter. ]

_170. Testimony concerning William Ward. August 4, 1744. _[1]

[Footnote 1: Mass. Archives, vol. 64, p. 253. ]

On board the _Hawk_ Privateer Samuel Waterhouse Comander, August 4th:1744 att a Comitte of the Commander and Officers on board the _Hawk_Privateer: James Hudson, Charles Ward and John Woodbridge, beingcalled as evidences against Will'm Ward Boatswain of Said Privateer, do testifie and say that at or upon the second day of August thisinstant they heard the said Will'm Ward speake in the Steeridge of Sd. _Hawk_ that the Captain and Officers where[2] discharging the People(meaning some of the hands) in order to put their shares in their ownPockets, togeather with other Seditious and disrespective words. 

JAMES HUDSON. CHARLES WARD. JOHN WOODBRIDGE. 

[Footnote 2: Were. ]

_171. Protest of Sailors. August 13, 1744. _[1]

[Footnote 1: _Ibid. _, pp. 249-251. As to protests, see doc. No. 136, note. ]

On the Thirteenth day of August Ao. Dom: 1744, And in the EighteenthYear of His Majestys Reign Before me Benjamin Pollard[2] Notary andTabellion Publick by Royal Authority duly Admitted and sworn dwellingand practising in Boston in New England Personally Appeared theseveral persons whose Names are hereunto Subscribed Sailors belongingto the Brigantine named the _Hawk_ Called a private Man of WarrMounting 12 Carriage and 20 Swivel Guns and Carrying 138 Men Commandedby Samuel Waterhouse now lying the Harbour of Cape Ann Who SeverallyDeclared as follows. And First these Appearers say that the said Saml. Waterhouse in a late Cruize against the French and Spaniards Suffereda Small French Privateer whose force did not Exceed one third of thesaid _Hawk_ and which it was in his Power to have taken without risqueof his Vessell and Company, to escape after firing a few guns, byVoluntarily Parting from him with a Salute of Three Chears; And on theTwenty Ninth day of July last the sd. Brigt _Hawk_ being in Consortwith the Sloop _Elizabeth_ a Private Man of Warr belonging to New-Yorkof About 10 Carriage and 12 Swivel Guns and about 55 Men Commanded byThomas Barns about Twelve o'Clock of that day descry'd a ship Standingto the Westward, the _Hawk_ then Standing to the Eastward upon whichCapt. Waterhouse bore away to the sd. Sloop to Consult with Capt. Barns (who was then to Leward) About Engaging sd. Ship, and Capt. Barns ask'd what they Made of her, Waterhouse sd. He believed her tobe a 40 Gun Ship, to which Barns answered, if she was an 80 Gun Shiphe would See her, and then they Stood for her, the ship Still keepingher Course And About an hour before Sun Sett that day gott withinAbout Three Quarters of a Mile of her, when the _Hawk_ hoisted EnglishColours and fired a Nine Pound Shot at her, and the ship hoisted aFrench Jack on her Ensign Staff and returned a shot, which fell Shortof the _Hawk_ and after the _Hawk_ had fired About 10 Guns and theShip about 17 Guns, Waterhouse Commanded his Company to desist fromfiring and to bare away as fast as Possible, and Capt. Barns (who thenlay to Windward by order of sd. Waterhouse) very Much BlamedWaterhouse's Conduct in leaving her and said that he (Barns) Intendedto have got under her Stern and Raked her fore and aft, and the nextMorning Saw a ship they believed to be the same but Waterhouse wouldnot follow her but gave Chase to a smaller Vessell Called the _St. John_ lately taken by him, but Barns was resolved to see her andaccordingly went after her and found it was the Same Ship they hadEngaged over night And further declared That the said Capt. Waterhousehas been guilty of a Breach of the Articles of Agreement respectingthe said Cruize by rejecting and refusing the Vote of the saidCompany, That the said Waterhouse is a Man of a Moross, Froward andBarbarous disposition having during sd. Cruize used Many of theseappearers very Inhumanely by Confining them in Irons Without any realCause, and is Man of no Courage or Resolution daring not to Engage anyVessell of Equal force with his, but on the Contrary has turned hisback on them, and these appearers verily believe that with the help ofthe sd. Sloop (who was Willing to Aid and Assist) the said _Hawk_Might have taken the aforesd: Ship, That the sd: Waterhouse Oftendeclared on board that he had orders not to Engage any Privateer andthat he Came out to take Merchantmen and such as he could run down, That these appearers have always acted up to their duty in theirrespective Capacitys on board said _Hawk_ to the Utmost of theirPower, And for the reasons Aforesaid These Appearers have left the sd. _Hawk_ in Cape Ann Harbour and Come up to Town and requesting me thesaid Notary to Protest against the said Capt. Waterhouse and hisCowardice, Actings and doings. 

[Footnote 2: Sheriff of Suffolk County 1743-1756. ]

Therefore I the said Notary At the request aforesaid did and do herebySolemnly Protest against the said Samuel Waterhouse and his Cowardice, Actings, doings and Misconduct in and about the said Cruize as theOnly reason of these Appearers Coming up to Town, and for all loss, Costs, Charges, damages and demands Whatsoever, Which they or any ofthem Shall or May Suffer Sustain or be put unto by Means thereof, AndLastly the appearers Declared that they are ready and Willing to go onboard the Said _Hawk_ Privateer and proceed in her on another Cruizeunder the Command of any Captain of known Courage and Conduct. Thusdone and Protested in Boston the day and year before written

And To the truth of all which these Appearers have Severally Made Oathand subscribed their Names. 

JONATHAN TAYLOR CHRISTOPR: COLLINSJOHN PEARSON EZEKIEL PITTMANRICHARD ANDERSON BENJA: BOLTER hisJOHN PEEWEY WILLIAM [X] BLEYTH markPATRICK CARNEY WILLIAM WILLIAMSANDREW LEISHMAN WILLIAM SWETT hisDANL. CALFE CHAS: [X] DREW mark hisJEREMIAH MOLTON WILLIAM [X] HODGKINS markJOHN PALLOT ROBERT STANLYJOHN THOMPSON ADAM HOLLIDAYRICHD. THOMPSON STEPHEN HILLOCKEDWD. BROOKSBY JOHN SEAWARD PETER SCOTT

The aforegoing is a just and true Copy of the original Protest onRecord in My Office, Attest. 

BENJA: POLLARD Noty. Pubk: 1744. 

BOSTON Augst: 14: 1744. 

_172. Petition of Henry Johnson. August 27, 1744. _[1]

[Footnote 1: Mass. Archives, vol. 64, pp. 256-258. ]

To His Excellency William Shirley Esq. Govr. And the Hon'ble theCouncill

The Petition of Henry Johnson of Boston

Humbly Sheweth

That Mr. Detcheverie, Monsr. Darrancette, and a Boy Named Augustine, French Prisoners taken and brought in here per Capt Waterhouse, hasLodged and Boarded at the house of your Petr. Per Order of Benja. Pollard Esq Sheriff of the County of Suffolk, your Petr. Humbly Praysyour Excellency and hon'rs will be pleased to Ascertain the Allowanceyour Petr. Is to receive for their Board, Washing and Lodging forTwenty One Days, the time they have been at your Petr. House, and yourPetr. As in duty Bound Shall Ever pray

Boston 27 August 1744 HENRY JOHNSON 1744

[_Indorsement_]

At a Council held at the Council Chamber in Boston Fryday Octo'r 51744. 

Read and Dismiss'd. 

Monsieur Detcheverie to Henry Johnson Dr. For his Board and Lodging 3 Weeks at 3£ 9. 0. 0Monsieur Darrancette to Henry Johnson Dr. For his Board and Lodging 3 Weeks at 3£ 9. 0. 0For your Boy Augustine 3 weeks at 30s. 4. 10. 0 -------- £13. 10. 0

BOSTON, 22 August 1744. Errors Excepted. 

HENRY JOHNSON. 1744

THE _LEWIS JOSEPH_ AND THE _ST. ANNE_. 

_173. Deposition of Jacques Piegnon. January 24, 1745. _[1]

[Footnote 1: Records of the Admiralty Court held in Philadelphia, 1735-1746, in volume preserved in the office of the clerk of the U. S. District court, pp. 213-216. The judge was Thomas Hopkinson, whoqualified in January, 1745. ]

The Same 24th January 1744. [2] 5 P. M. 

[Footnote 2: _I. E. _, 1745, N. S. ]

Proclamation made a fourth Time, and none appearing to Claim, theCourt ordered the Proctor to Proceed to Prove the lawfull Caption ofthe said Ship _Lewis Joseph_ and Snow _St. Ann_ and their Ladings, [3]

[Footnote 3: The story of the capture is also related in BenjaminFranklin's paper, the _Pennsylvania Gazette_, Jan. 22, 1745: "OnFriday [Jan. 18, arrived] a Ship and Snow, from the _Warren_Privateer, Alexander Kattur, and the Old _George_ Schooner, WilliamDougall, Commanders, who sailed from this Port about six Weeks ago inConsort. Seven Days after they left the Capes, in the Latitude of 31, they met with the Ship. . . . She is a Frigate built Ship, of 18 CarriageGuns, belongs to St. Malo's, and was thither bound. She is called the_Lewis Joseph_. The Captain's Name was Piedsnoirs. . . . She maintainedan obstinate Fight for Five Hours, and did not surrender, till she hadreceived near Fifty Shot in her Hull, and was at last boarded, and theCaptain, his second Lieutenant, and four Men killed, and several ofthe Gentlemen Passengers wounded. The Captain had the Character of aGallant Man, and, as the Prisoners say, always declared, that he wouldnever part with the Ship but with his Life. . . . The Snow is called the_St. Anne_, Pierre Dalheu Master, bound to Bourdeaux, and was takentwo Days after the Ship. [The rich cargoes are described. ] We aredaily expecting the two Privateers in. "]

Whereupon the following Depositions being Produced and Read, viz. 

Jacques Piegnon of St. Malo in France Mariner being Sworn

Deposeth and Sayeth

To the first Interrogatory

That he this Deponent Knows the Ship called the _Lewis Joseph_ nowriding at Anchor in this Port of Philadelphia; That in the Month ofAugust 1743 this Deponent contracted and Agreed with Francis Pienoirlate Captain of the said Ship and the owners thereof at St. Maloaforesaid to enter and go as Second Captain on Board the said Ship ona Voyage from St. Malo to Cadiz and from thence to proceed to someport of French or Spanish America as should be agreed and resolved onat Cadiz aforesaid; That agreeable to his said Contract this Deponentsailed in the said Ship in quality of Second Captain to Cadiz and fromthence to Port Orient[4] in France and thence returned to Cadiz andfrom thence proceeded to Cape Francois[5] in the Island of Hispaniola;That the said Francis Pienoir was Captain and Commander of the saidShip during the said Voyage; That from Cape Francois aforesaid thisDeponent sailed in the said Ship on an Intended Voyage for Nantz inFrance and on the 26th day of Decr. Last, New Stile, the said Ship[was] attacked upon the High Seas in or near the Latitude of 31 deg. North by two English Privateer Vessels, of one of which CaptainAlexander Kattur was Commander[6] and Captain John Dougal wasCommander of the other, but does not Know the Names of the saidPrivateers but has heard that one of them was Called the _Warren_ andthe other the _George_; That the Engagement between the said TwoPrivateers and the said Ship _Lewis Joseph_ continued for about fiveor Six Hours; That at the Beginning of the said Engagement there werefifty two Men in and belonging to the said Ship _Lewis Joseph_ butfour of them were Killed in the said Engagement vizt. The said CaptainPienoir, another Captain who was a Passenger and two common Sailors, and three of the Men belonging to the said Privateers were also Killedin the said Engagement as this Deponent afterward heard and believes;That at the time of the said Engagement the said Ship _Lewis Joseph_was mounted with Eighteen Guns; That the said Ship _Lewis Joseph_ wasthen taken by the said two English Privateers; That the said CaptainPienoir and all the Mariners and Comp'y belonging to the said Ship_Lewis Joseph_ at the Time of her said Caption were Subjects of theFrench King; That the same Ship _Lewis Joseph_ was then Laden withdivers Goods Wares and Merchandizes. 

[Footnote 4: Now called Lorient. ]

[Footnote 5: Now Cap Haïtien. ]

[Footnote 6: The _Warren_; see note 3, above, and _Pa. Mag. Hist. _, XXIV. 350. ]

To the Second Interrogatory;

That the said Ship _Lewis Joseph_ at the time of her said Captionwholly belonged to Monrs. John Petel a Merchant then residing at St. Malo and a Subject of the French King; That part of the Goods Waresand Merchandizes wherewith the said Ship was laden at the time of hersaid Caption belonged to the said Captain and the officers of the saidShip and the residue thereof to divers Merchts. And others at St. Malo's, Nantz and other Ports and Places in France and that suchOwners of the said Cargo were all then Subjects of the French King. 

To the third Interrogatory, That before the said Ship _Lewis Josephs_ Departure on the saidVoyage from St. Malo, the said Captain Pienoir applyed for andobtained from the proper Officer at the Court of France a Commissionwhich gave Authority to the said Captain with the Marriners andCompany belonging to the said Ship as a private Ship of War to Seizeand take any Person with their Goods and Effects who then were orshould happen to be the Enemies of the French King during the Courseof the said Voyage; That it is Customary in France for such Ships whenthere happens to be an Expectation of War being Declared before theirReturn from such Voyages to apply for and take out such Commissionsbefore their Departure, And this Deponent with the said CaptainPienoir and the rest of the said Ships Company hearing at Cadiz upontheir Return thither from Port Orient that War was declared by theFrench King against Great Britain, [7] they the said Officers andCompany belonging to the said Ship _Lewis Joseph_ looked uponthemselves well warranted and authorized by the said Commission to Actwith the said Ship as a private Ship of War against the Subjects ofthe King of Great Britain and to Seize and take their Persons andEffects; That the said Ship did not touch in any Port or Place inFrance after the time of this Deponents hearing of War being Declaredagainst Great Britain as aforesaid; That after the said ShipsDeparture from St. Malo and during the said Voyage, the said CaptainPienoir produced and read the said Commission to this Deponent and theRest of the said Ships company, and that the purport thereof was toauthorise the said Captain Pienoir with his said Ships Company toSeize and take any Pirates, Interlopers and any future Enemys of theFrench King with their Ships, Goods and Effects or to that Effect, andwas to Continue in force only for the said Voyage, and that the saidCommission had a large Seal affixt to it; but what or whose such Sealwas this Deponent knows not. 

[Footnote 7: The king of France (Louis XV. ) declared war on GreatBritain on Mar. 15, 1744, N. S. ]

To the fourth and fifth Interrogatorys, That he, this Deponent, knows the Vessel or Snow called the _St. Anne_in the Interrogatory mentioned and now riding in the Port ofPhiladelphia; That the said Snow being laden with Divers Wares andMerchandizes at Cape Francois Sailed from thence in Company with thesaid Ship _Louis Joseph_ and was afterwards taken by the said twoEnglish Privateers who took the said Ship _Lewis Joseph_ or one ofthem as this Deponent hath heard and believes, and was brought intothe Port of Philadelphia along with the said Ship, as the Prize of andbelonging to the said Privateers but when or where the said Snow wasAttacked or taken, or who was the Captain and Commander of her thisDeponent knows not, but hath heard and believes that the Captain, Mariners and Owners of the said Snow were all Subjects of the FrenchKing; and to the Rest of these Interrogatories cannot Depose. 

JACQUE PIEGNON. 

THE _APOLLO_. 

_174. Deposition of John Brown. August 2, 1745. _[1]

[Footnote 1: From the same manuscript volume as the preceding, pp. 262-264. The capture is thus recorded in the _Pennsylvania Gazette_ ofAug. 1, 1745: "Yesterday arrived the Privateer _Trembleur_, belongingto this Port, and brought in the Scotch Ship taken some Weeks since bythe Spanish Privateer Snow off the Capes of Virginia. Captain Bownemet with [her] East of Bermudas, bound to Laguira". ]

John Brown of Holywood near Belfast[2] in the Kingdom of Ireland beingSworn, [Footnote 2: Holywood is four or five miles northeast of Belfast, onthe east shore of Belfast Lough. ]

_1st. _ To the first Interrogatory saith that he Knows the Ship calledthe _Apollo_ now rideing at Anchor in this Port of Philadelphia; Thathe first Knew the said Ship At the aforesaid Port about Seven Yearsago, but the Particular Time does not now remember; That he was hiredby Alexander McMullen the Commander of the said Ship on or about theNineteenth Day of March last past at Larn[3] in the Kingdom of Irelandaforesaid to proceed with the said Ship as Chief Mate thereof fromthence to Virginia; That the said Ship at her Departure from Larnaforesaid was not Laden with any Goods, Wares or Merchandizes but inher Ballast; That the said Ship _Apollo_ in the prosecution of thesaid Intended Voyage was taken as a Prize on the Sixteenth day of Junelast past upon the High Seas near the Capes of Virginia by a SpanishPrivateer Snow; That the Commander of the said Privateer after he hadtaken Possession of the Ship _Apollo_ brought over board her into hisown Vessel the Master and all the Men belonging to the said Shipexcept this Deponent and one Boy, and at the same time put on Boardher Sixteen Mariners belonging to the said Spanish Privateer Snow;That on or about the twentieth Day of the said Month of June theCommander of the said Spanish Privateer caused to be laden on Boardthe said Ship _Apollo_ several Goods, Wares and Merchandizes the Cargoof a Certain British Snow which the said Privateer had taken a fewDays before; That soon after the said Goods, Wares and Merchandizeswere put on Board the said Ship _Apollo_ she was seperated from thesaid Spanish Privateer; That he this Deponant was on Board the saidShip _Apollo_ at the Time of such her seperation and saith that sheremained under the Conduct of the said Sixteen Spanish Mariners whowere put on Board her on her being first taken as aforesaid (in orderto carry her to Laguira[4] as they informed this Deponant) untill thetwelfth day of July last past when the said Ship _Apollo_ was attackedand Retaken as a Prize on the High Seas by an English Privateer Sloopcalled the _Trembluer_[5] whereof Captain Obadiah Bowne wasCommander;[6] That upon the Recaption of the said Ship _Apollo_ by thesaid Sloop the said Captain Obadiah Bowne put on Board her twelve orThirteen Mariners in order to navigate and carry her to this Port ofPhiladelphia where she arrived the first day of this Instant Month ofAugust and till which Time the said Deponent Continued on Board herfrom the Time of her being Retaken as aforesaid. 

[Footnote 3: Larne lies on the northeast coast of Ireland, some twentymiles north of Belfast. ]

[Footnote 4: La Guayra on the Venezuelan coast, the port of Carácas. ]

[Footnote 5: _Trembleur_, _i. E. _, Quaker. Her first appearance is inthe journal of William Black, under date of May 30, 1744: "a fineBermudas Sloop bought the other day for 800 pounds Sterling, and iscalled the _le Trembleur_, to carry 14 Carriage and 20 Swivel Guns, and 100 Men". _Pa. Mag. Hist. _, I. 247. ]

[Footnote 6: After the war was over, Bowne settled down to the keepingof a public-house "at the sign of the _Trembleur_", at the corner ofMarket and Water streets, hence long called "Bowne's corner". _Memorial Hist. Phila. _, I. 263. ]

_2d. _ To the second Interrogatory this Deponent saith that the saidShip _apollo_ at the Time of his being Shipped as Chief Mate of her asaforesaid did belong to Richard Oswald[7] and Company Merchantsresiding in Glascow in Scotland and subjects of the King of GreatBritain as this Deponent was informed by the said Alexander McMullenthen Master of the said Ship _Apollo_. And this Deponent further saysthat he does no[t] Know to whom the Goods, Wares and Merchandizestaken from on Board the said Ship _Apollo_ did belong, but says thathe Knew and was well acquainted with James Bowne the Commander of thesaid British Snow at the Time of her being Taken as aforesaid. 

JOHN BROWN. 

[Footnote 7: This was that Richard Oswald (1705-1784), Franklin'sfriend, who signed for Great Britain the preliminary articles of peacewith the United States, Nov. 30, 1782. ]

_175. Deposition of Diego de Prada y Nieto. August 2, 1745. _[1]

[Footnote 1: From the same volume as the preceding, pp. 264-266. ]

Diego De Prada y Nieto of Sevilla in the Kingdom of Spain being Sworn

3d. To the third Interrogatory Saith That he Knows the Ship called the_Apollo_ now riding at Anchor in this Port of Philadelphia; That hefirst saw the said Ship _Apollo_ on the High Seas on the Twentyseventh or Twenty eight day of June last, New stile, [2] about thedistance of Twelve or thirteen leagues from the Capes of Virginia;That the Persons then on Board the said Ship were Subjects of the Kingof Great Britain; That the said Ship _Apollo_ at or about the placeand Time aforesaid was Attacked and Taken Prize [by] a SpanishPrivateer Snow called the _Neustra Senora De los Dellores y Animas_[3]Commanded by Don Carlos Francisco de Bissava and Navigated by EightyMariners all Subjects of the King of Spain; That immediately upon thesaid Ship _Apollo_ being taken as aforesaid this Deponant with fifteenor Sixteen Spanish Mariners belonging to the Said Spanish Snow weresent by the said Capt. Don Carlos Francisco de Bissava on Board thesaid Ship _Apollo_ whereof they took possession; That the Command ofthe said Ship _Apollo_ was given to this Deponent with orders to carryher to Laguira on the Coast of Caraccas in new Spain;[4] That on orabout the thirty first day of June last N. S. [5] the said Capt. DeBissava caused to be put on Board the said Ship _Apollo_ sundry Goods, Wares and Merchandizes being the Cargo of a Certain Snow taken by aSpainish Privateer about five days before, two legues from the Coastof Virginia, but the Names of the Owners or Commander of the said Snowthis Deponent Knows not but has heard and believes tha[t] she belongedto the Subjects of the King of Great Britain; That the said Depont. With the said fifteen or Sixteen other Spanish Mariners Continued inPossession and had the Care and Conduct of the said Ship _Apollo_untill the 23d day of July last, New Stile, [6] when she was attackedand Retaken by an English Privateer Sloop called the _Trembleur_whereof Capt. Obidiah Bowne was Commander; That the said Captain Bowneimmediately upon his retaken the said Ship _Apollo_ put on Board herthirteen Men who Conducted and brought the said Ship to this Port ofPhiladelphia. 

[Footnote 2: A Spanish sailor would date by new style; June 27, N. S. , was June 16, O. S. , the date given in the previous deposition. ]

[Footnote 3: _Nuestra Señora de los Dolores y [de las] Animas_, "OurLady of Sorrows and of Souls". ]

[Footnote 4: Rather, in the viceroyalty of New Granada. ]

[Footnote 5: June 20, O. S. , according to John Brown's deposition. ]

[Footnote 6: July 12, O. S. (Brown). ]

4th. To the fourth Interrogatory This Deponent Saith That among thePeople who were put on board the said Ship _Apollo_ by the Spaniardsthere was one Mullato man who was called Limena whom this Deponentsays is a free man, and that he, this Deponent had been informed byseveral and by the said Mullato himself that since the Commencement ofthe War between England and Spain he was Taken and Carred in toJamaica and there sold as a Slave and that he run away from theEnglish and got among the Spaniard And this Deponent further heardthat he belonged to a Privateer Commanded by Don Pedro De Parieveckand that having quarreld with one of the Officers on board the same, the said Commander by a Letter desired the said Captain Don CarlosFrancisco de Bissava Commander of the said Spanish Privateer Snowcalled the _Neustra Senora de los Dellores y Animas_ to receive thesaid Mullato on board the same and that he was received aboardaccordingly and was to draw an equall share with the Whitemen and didreceive ten pieces of Eight Advance money being the sum the Whitemenalso receivd and the said Mullato was looked upon by the People onBoard the said Privateer as a freeman and by some of them was wellknown. 

DIEGO D PRADALONE NIETO. 

THE _PRINCE CHARLES OF LORRAINE_. 

_176. Deposition of Benjamin Munro and William Kipp. April 23, 1746. _[1]

[Footnote 1: Rhode Island Archives, volume lettered "Admiralty Papers, 1746-1750", p. 45. Capt. Simeon Potter of Bristol (a town inMassachusetts till January, 1747, in Rhode Island after that date) wasone of the most noted and successful of the privateers of his time. His raid on French Guiana in November, 1744, though not enormouslyprofitable nor of much military importance, makes a very picturesquestory, chiefly because of the vivid account we have of it from one ofits victims, Father Elzéar Fauque, an intelligent Jesuit, who wasserving the mission at Oyapoc, and was carried away as a prisoner byPotter when he sacked and destroyed that settlement. Father Fauque'snarrative, a letter to an officer of his society, dated from Cayenne, Dec. 22, 1744, is in the _Lettres Édifiantes et Curieuses_, XXVII. 172-250 (Paris 1749), VIII. 387-454 (ed. 1781), IV. 493-533 (ed. 1819), II. 34-50 (ed. 1838). There is an English translation in BishopW. I. Kip's _Historical Scenes from the Old Jesuit Missions_ (N. Y. , 1875), pp. 153-205, reprinted in Professor W. H. Munro's _Tales of anOld Sea Port_ (Princeton, 1917), pp. 48-93, in which Potter's life isalso told. The admiralty case arose from questions respecting disposalof the booty. Prince Charles of Lorraine was brother-in-law of MariaTheresa, and commanded her army against Frederick the Great. Accordingto Father Fauque, the privateer so named carried 10 cannon, 12swivel-guns and 61 men. _Lettres Édifiantes_ (ed. 1819), IV. 494. ]

Benjamin Munro and William Kipp of Lawfull Age Testifieth and Saiththat the said Munro was Master of the Sloope _Prince Charles ofLorain_ whereof Simeon Potter was Commander as a Private Man of Warrand that We took and Plundred a Small Place near Cyan[2] calledYopock[3] and then Proceeded to Cyan where said Potters Lieutenant andThirty Two men Landed took and Plundred a Place called Muekellyeau. [4] We Landed on Cyan with Ten men where We were taken by Onehundred and Thirty Soldiers where Three of Our Men were Killed andFour wounded and then We were carried to Cyan Fort where Capt. Pottersent a flagg of Truce on Shoar with a Fryar[5] and some Soldiers thatwere taken at Yopock whereupon the Governour of Cyan[6] Immediatelygave us Our Barge againe to go on board and half an Ox for freshProvisions and then We went to go on board of Our Vessel but missed ofher in the Night and so We Proceeded to Surranam[7] where We were allPut into the Fort and keept untill the Masters of the English Vesselsthere Petitioned for us to Come out and in a few Dayes after Capt. Potter arrived in the River with his Priveteer and Came up to Surranamto the Governour[8] to Desire Liberty of him to Wood and Water butthey gave no Liberty in Ten or Twelve Dayes and then Ordered that theEnglish Men should bring Wood and Water on Board but the Thing wasAttended with so much Dificulty that We were Obliged to Sell somesmall Plunder on board of Our Own Vessell to Defray our Charges andalso that while We were at Surranam Three of Our Slaves Ran away fromUs and that the Governour keept and Detained them from us then weSailed for Barbadoes in Order to Carreen and Refitt Our Vessell andthat when We came to Sea we found Five Men and no more on Board whotalked Dutch and were dressed in Sailors Apparel who did their Duty asSuch and Said that they belonged to Dutch Vessells in Surranam andwhen we arrived at Barbadoes We Landed our Prize Goods and Slaveswhere they were Condemned and Sold at a Publick Vendue. 

BEN MUNRO. WM. KIPP. 

Bristol ss: BRISTOL Apr. 23d 1746. 

[Footnote 2: Cayenne the chief town of French Guiana. For thepronunciation, see doc. No. 63, note 20. ]

[Footnote 3: Oyapoc, on a river of the same name, lies some 80 milesto the southeast of Cayenne, toward the Brazilian boundary. ]

[Footnote 4: Macouria, a lady's plantation a little northwest ofCayenne. Father Fauque, _ubi sup. _, pp. 519-520. ]

[Footnote 5: Father Fauque was not a friar, but a Jesuit. ]

[Footnote 6: M. D'Orvilliers, father of the celebrated admiral of thatname. La Condamine, returning by way of the Amazon and of Oyapoc fromhis celebrated geodetic expedition to Peru, had spent five months withhim at Cayenne earlier in this year. _Relation Abrégée_, pp. 209-214. ]

[Footnote 7: The Dutch then possessed both what is now Dutch and whatis now British Guiana. In 1744 their possessions constituted threecolonies, Surinam, Berbice, and Essequebo, of which Surinam, thepresent Dutch Guiana, was the most important. The fort spoken of wasat the capital, Paramaribo. ]

[Footnote 8: Jan Jacob Mauricius, governor of Surinam 1742-1751; seeaccount of him in Harris and de Villiers, _Storm van 's Gravesande_, II. 538-539. ]

Personally appeared the above named Benj'n Munro and Will'm Kipp, (being bound to Sea), and made Oath to the truth of the above writtenevidence: taken in Perpetuam Rei Memoriam before us two of his Majs. Justices of the peace in and for the County of Bristol:[9] QuorumUnus, JONA: WOODBURY. JOSEPH RUSSELL. 

[Footnote 9: At this date a county of Massachusetts. With thisnarrative we can compare Captain Potter's own brief account of theaffair, as given in the _Pennsylvania Gazette_ of Feb. 19, 1745, beingan extract from a letter written by him to his owners, sent to thatjournal from Newport: "We came to an Anchor at Y'opoch River, took aCraft by which we had an Account of a considerable French Settlementup that River, with a Fort of six Carriage Guns and 50 Soldiers, excluding Officers: We went with the Prisoners we took into the Craft(bound) before us as our Guides: At one o'clock in the Morning welanded a small Distance from the Fort, gave three Huzza's and entredthe same Sword in Hand, took it without the loss of one Man, keptPossession thereof 8 Days, took in Plunder 9 Indians, 2 Negroes, aMulatto Wench, 50 Small-Arms, 5 Casks of Powder, and a small Quantityof Plate, and took 10 Prisoners. We then steered for Surinam and sentup for Liberty to refit, but were refused by the Governor thereof: Howfar this is consistent with the Treaties between England and Holland, I for my part must leave to others to determine. "]

_177. Deposition of Daniel Vaughan. September 1, 1746. _[1]

[Footnote 1: Rhode Island Archives, volume lettered "Admiralty Papers, 1746-1750", following doc. No. 176. ]

Daniel Vaughan, late Lieutenant the Sloop _Prince Charles of Lorain_, Capt. Simeon Potter, on a Cruising Voiage Anno 1744, on oath declaredthat an Indian man Named Jeffery Potter was one of the Hands of saidSloop during her Cruize; that on said Cruize the Sloops Company madean Attack on a French Settlement called Yapoke and took out of saidSettlement Seven Indians, three Negroes, twenty large Spoons orLadles, nine Large Ladles, one Gold and one Silver hilted Sword, oneGold and one Silver Watch, two Bags of Money the Quanty uncertain, anumber of Chest and Trunks of Goods and Merchandize and waringapparell, a Number of Gold Rings, Buttons and Buckles, a Number ofSilver Candlesticks and Church Plate both Gold and Silver, [2] a Numberof Swords, about Sixty small arms for Cannon, Shot of all Sorts, aboutFifty halfe Barrals of Powder, a Quantity of Beafe, Flower and otherProvisions and Sundry other things wch. This Deponent cannotenumerate; that after the taking of said Goods etc. From Yapoke sd. Sloop and Company sail'd for Surrinam where Capt. Potter put aQuantity of sd. Merchandize up at Vendue on board a Vessel in theHarbour and purchased the most of them himself and ship't them toRhode Island on his own account; then said Sloop Sailed for Barbadoeson wch. Passage the men demanded that Capt. Potter would Share theMoney taken, according to the Articles, to which Capt. Potteranswered that he would share none until his Return for all the Menwere indebted to the Owners more than that amounted to and Swore atand Damn'd them threatning them with his drawn sword at their Breasts, which Treatment Obliged the Men to hold their Peace and when saidSloop arrived at Barbadoes Capt. Potter without consulting the Men putpart of the afore mentioned Effects into the Hands of Mr. CharlesBolton and kept the other part in his own Hands and Supply'd the Menonly with Rum and Sugar for their own drinking, and further thisDeponent saith that Capt. Potter refusing to let the men have theirShares and his Ill Treatment of them by beating them occasioned abouttwenty-four to leave the Vessel whose Shares Capt. Potter retained inhis Hands and further this Deponent saith not. DANIEL VAGHN. Sworn tothis 1 Day of September A. D. 1746, Capt. Potter not notified livingout of the Government, befor EBEN'R RICHARDSON Just: apece. [3]

[Footnote 2: Father Fauque greatly laments the loss of these. Professor Munro, _History of Bristol_, p. 180, says that some of thesilver which Captain Potter brought home from Oyapoc is still in thepossession of descendants of his family. ]

[Footnote 3: Bristol had not yet become a part of Rhode Island. Ebenezer Richardson was a justice of the peace in Newport; _R. I. Col. Recs. _, V. 335. Thomas Ward was elected secretary of the colony ofRhode Island in May, 1747 (_ibid. _, V. 215). ]

A true Copy as one file in the Case Patd. Agst. Potter examd. 

by THO. WARD, Clk. 

THE _ELIZABETH_. 

_178. Deposition of William Dunbar. May 7, 1747. _[1]

[Footnote 1: Rhode Island Archives, same volume as the preceding, p. 15. This deposition follows in that volume the libel of John Sweet ofNewport, commander of the privateer _Defiance_, against Paas's sloop, captured by him. ]

Novemb'r 26th 1746 Being at the Island Orcheilla[2] in Company withCaptn. Rous in the _Trelawney Galley_ of Jamaica, Saw a Sloop comingfrom the Eastward, at 9 P. M. Took her, they Informed us it was theSloop _Elizabeth_, John Paas Mastr. From Martinico, were Bound andbelonged to Curacoa, Cargoe Sugar and Coffea. When John Paas came onboard the Privateer all the Papers he Could produce was a Sea Brief[3]and a Paper containing an accot. Of the Cargoe he then had on Board, we Inquired for the rest of his Papers, he answered he had left themin Martinico, we told him such mistakes were not at all likely, andtherefore must Send him into Port. He made Use of many horridImprecations, and many times offered to Swear, his Vessell and Cargoewas a Dutch Property and that neither french nor Spaniards were anywayConcerned in either. When we Told him he must go in his Sloop forRhode Island, his answer Generally was, what Signifies my going withthe Sloop without my papers, do but first lett me go to Curacoa andfurnish myself w'th papers and then I will follow my Sloop. And hisSloop being Leaky we Concluded to heave her down and stop her leaksbefore we Sent her homeward. After we had Cleaned her and got theCargoe on Board, found Concealed in the under part of the BoatsChock, [4] a Sett of french Papers Expressing who the Cargoe belongedto. John Paas Imediately retracted what he had formerly Said, Acknowledged that Vessell and Cargoe did belong to the french. Sometime afterwards we had Some discourse Concerning the Illicit Tradethat is Carried on by the Inhabitants of Curacoa. John Paas Told me aSure way of knowing a real dutch Vessell and Cargoe from a Counterfeitone, which is by a paper Carried by all Dutch Vessells (but wantedwhere french or Spainards are Concerned) expressing the Owners andMaster Name, where bound to, a Particular account of all the Cargoe onBoard. [5] this Paper is Sworn to by the Owners, afterwards Signed bythe Governour and other Officers, with the Island Seal affixed to it. 

WILL. DUNBAR. 

[Footnote 2: Orchilla, a small island in the Caribbean, north ofVenezuela and 200 miles east of Curaçao. ]

[Footnote 3: See doc. No. 129. ]

[Footnote 4: Blocks of wood, shaped to the under side of a boat, onwhich a boat rested when on the deck of a ship. ]

[Footnote 5: See doc. No. 128, note 12. ]

The above Eviden[ce] was sworn to in Courtthe 7th Day of May 1747. 

 * * * * *

_179. Petition of Edward Winter. May, 1749. _[1]

[Footnote 1: Mass. Archives, vol. 64, pp. 333-335. ]

Province of the } To his Excellency William ShirleyMassachusetts Bay } Esqr. Govr: and Commander in chief in and over sd. Province[2] the Hon'ble the Council and House of Rep'ves in General Court Assembled May ---- 1749. 

[Footnote 2: Shirley was governor of Massachusetts from 1741 to 1756. His correspondence, edited by Charles H. Lincoln, has been publishedin two volumes by the National Society of the Colonial Dames ofAmerica. ]

The Petition of Edward Winter of Boston Blacksmith Humbly Sheweth, That in the Year 1744 there were nine persons committed to the CountyGoal[3] in Boston, being charged with committing divers acts ofPiracy, Hostility etc. On the high Seas and soon after they were putinto Goal, they attempted to get off their Irons and make their Escapebut being discovered were prevented, and thereupon your Petr: wasordered to Search and Examine their Irons several times in a week, which he accordingly did from the 12th day of January 1744 to the 23dof July 1746, 253 times, and charged the Province for the same thesmall price of one shilling a time, amounting in the whole to £12. 13. 0 bills of the last tenor, [4] and put in his Bill to the Committeeappointed by the special Court of Admiralty who try'd said Prisoners, to Examine the Acco'ts of Charges that had arisen on said Prisoners, but the same was not allowed by them, they apprehending the Pet'rsBill sho'd be paid by the County (tho' all other charges upon 'em theProvince paid) and said Committee accordingly recommended it to theCourt of Sessions to pay the same, to whom your Petr. Has since appl'dbut they absolutely refused paying it, so that your Petr. Unless thathe is relieved by this Hon: Court is like to suffer greatly. 

[Footnote 3: Gaol. ]

[Footnote 4: Massachusetts began the issue of provincial paper moneyin 1690, and continued it till 1748. Its bills of credit weredistinguished, according to the form of these promises to pay, intothree varieties: old tenor (issues of 1690-1737), middle tenor(1737-1740), and new tenor (1740-1748). New tenor bills, here spokenof, were at this date valued at about one-tenth of the correspondingsum in specie. ]

Your Petr. Therefore prays your Excellency and Honours will be pleasedto take the premises into Consideration, and as all the other chargeswere paid by the Province, he prays he mayn't be the only sufferer, but that you'l be pleas'd to order Payment of his Acco't out of theTreasury accordingly. 

And as in Duty Bound he shall pray etc. 

EDWARD WINTER. 

In the House of Rep'tives June 28: 1749. 

Read and ordered That there be granted and allowed to be payd to thePetitioner Edw'd Winter out of the Province Treasury the Sum of Twelvepounds Thirteen shillings In full for his Services In Sd. Petitionmentioned. 

J. DWIGHT, Spkr. 

In Council June 29 1749 Read and Concurr'd. 

SAM HOLBROOK, D'ty Sec'ry. Consented to. W. SHIRLEY. [5]

[Footnote 5: The order is printed in _Acts and Resolves_, XIV. 285. ]

_180. Commission of a Vice-Admiralty Judge. September 23, 1752. _[1]

[Footnote 1: From the volume in the clerk's office of the UnitedStates district court at Charleston, S. C. Called "Admiralty Records ofSouth Carolina, Book E-F", p. 1. A commission issued to avice-admiralty judge, Lucas Santen, New York, 1683, has already beeninserted in this volume, as doc. No. 51, but that, besides beingissued under a proprietary, and so not wholly typical, was not acommission to Santen _as_ admiralty judge but a special commission forthe trial of piracy. Another typical specimen, to Richard Morris, NewYork, Oct. 16, 1762, may be seen in E. C. Benedict, _The AmericanAdmiralty_, third ed. , pp. 79-84; fourth ed. , pp. 76-80. Benedictstates that he has also seen the commissions of Roger Mompesson, Apr. 1, 1703, of Francis Harrison, Feb. 13, 1721, and of Lewis Morris, Jan. 16, 1738, who served as judge in New York till 1762. All three weredestroyed in the fire at the Albany Capitol. ]

South Carolina. 

George the Second by the Grace of God of Great Britain, France andIreland King, Defender of the Faith, and so forth

To James Michie, Esquire. [2]

[Footnote 2: James Michie, a South Carolina lawyer, was admiraltyjudge from 1752 to 1758, speaker of the assembly 1752-1754, andchief-justice for a brief period in 1759. He died July 16, 1760. _S. C. Hist. Mag. _, X. 160. His predecessor James Graeme (also chief justice)had died in late August, 1752. ]

We, reposing especial Trust and Confidence in the Loyalty, Integrityand Ability of you the said James Michie, and your skill and knowledgein our Laws Civil and Maritime of our Kingdom of Great Britain as wellas of our province of South Carolina in America, have constituted andappoint you to be Judge of our Court of Vice Admiralty in our provinceof South Carolina in America aforesaid, with full Power and Authorityto sit, hear and Determine all Causes whatsoever competent to theJurisdiction of the said Court, To have and to hold, use, exercise andenjoy the said Office of the Judge of the Vice Admiralty in ourprovince of South Carolina in America aforesaid, with all the Fees, profits, Perquisites, Privileges, Advantages and Emoluments incidentthereto, in as full and ample manner as any of your PredecessorsJudges of the said court have holden the same. 

This Commission to continue during Pleasure. 

Given under the great Seal of the said Province at CharlesTown in theCouncil Chamber the twenty third Day of September and in thetwenty-sixth year of our Reign 1752. 

Witness our Trusty and Well beloved James Glen, Esq: Governor in Chiefand Captain General in and over our said Province. [3]

[Footnote 3: James Glen, a Scot, was appointed governor of SouthCarolina in 1738, commissioned in 1739, came out to the colony in1743, and was governor till 1756. ]

By his Excellency's Command. 

WILLIAM PINCKNEY, Dept. Secry. [4]

[Footnote 4: Maj. William Pinckney (1703-1766), deputy secretary andafterward commissary general of the province; grandfather of GovernorCharles Pinckney. In the volume in which this commission is found, itis indexed as James Michie's commission from Governor Glen, thedocument which follows (no. 181) as his commission from England. Sometimes, especially in the earlier period, admiralty judges in thecolonies were commissioned by the respective governors acting underwarrants from the lords of the admiralty empowering them so to do(_e. G. _, doc. No. 69); more often they were commissioned directly bythose lords, under the great seal of the admiralty. Docs. Nos. 180 and181 illustrate the two forms. ]

Recorded in the Secretary's Office in Book II, folio 286. 

_181. Commission of a Vice-Admiralty Judge. June 16, 1753. _[1]

[Footnote 1: South Carolina Admiralty Records, vol. E-F, p. 55. Seedoc. No. 180, note 4. ]

George the Second by the grace of God of great Britain, France andIreland King, Defender of the Faith, To our beloved James MichieEsquire, Greeting. We do by these Presents make, Ordaine, nominate andappoint You the said James Michie Esquire to be our Commissary[2] inour Province of South Carolina and Territories thereunto belonging inthe room of the former deceased, hereby granting unto you full Powerto take Cognizance of and proceed in all Causes Civil and Maritime andin Complaints, Contracts, Offences or suspected Offences, Crimes, Pleas, Debts, Exchanges, Policies of Assurance, Accounts, Chartreparties, Bills of Lading of Ships and all Matters and Contractswhich [in] any Manner whatsoever relates to Freights due for Shipshired and let out, Transport Money or maritime Usery (otherwiseBottomary) or which do any Ways concern Suits, Trespasses, Injuries, Extortions, demands and affairs Civil and maritime whatsoever, betweenMerchants, or between Owners and Proprietors of Ships and all otherVessells whatsoever imployed or used or between any other Personshowsoever had, made, began or contracted, or [any] Matter, Cause orThing, Business or Injury whatsoever done or to be done as well in, upon or by the Sea or public Streams, or fresh Water, Ponds, Rivers, Creeks and Places Over flowed whatsoever within the Ebbing and flowingof the Sea or high Water Mark as upon any of the Shores or Banksadjoining to them or either of them, together with all and singulartheir Incidents, emergencies, Dependencies, annexed and Connexedcauses whatsoever, and such Causes, Complaints, Contracts and otherthe Premises abovesaid or any of them howsoever the same may happen toarise, be contracted, had or done, To hear and determine (according tothe civil and maritime Laws and Customs of Our High Court of Admiraltyof England) in our said Province of South Carolina and Territoriesthereunto belonging whatsoever, and also with Power to Sit and HoldCourts in any Cities, Towns and Places in our Province of SouthCarolina aforesaid, for the hearing and determining of all such causesand Businesses together with all and singular their Incidents, Emergencies, Dependencies, annexed and connexed Causes whatsoever, andto proceed judicially and according to Law in administring Justicetherein, And moreover to compell the Witnesses in case they withdrawthemselves for Intrest, Fear, Favour or ill Will or any other Causewhatsoever, to give Evidence to the Truth in all and every the Causesabove mentioned according to the Exegencies of the Law, And further totake all manner of Recognizances, Cautions, Obligations andStipulations as well to our use, as at the Instance of any parties forAgreements or Debts and other Causes and Businesses whatsoever, and toput the same in execution and to cause and command them to beexecuted. Also duly to search and inquire of and concerning all Goodsof Traitors, Pirates, Manslayers, Felons, Fugitives and Felons ofthemselves[3] and concerning the Bodies of Persons drowned, killed orby any other means coming to their Death in the Sea or in any Port, Rivers, Public Streams or Creeks and Places overflowed. And alsoconcerning Mayhem happening in the aforesaid Places, and Engines, Toyls and Nets prohibited and unlawful and the Occupiers thereof, AndMoreover concerning Fishes Royal, namely Whales, Hoggs, Grampusses, Dolphins, Sturgeon and all other Fishes whatsoever which are of agreat or very large Bulk or Fatness, by Right or Custom any Ways usedbelonging to us and to the Office of our High Admiral of England, andalso of and Concerning all Casualties at Sea, Goods wrecked, Flotsonand Jetzon, Lagen, Thares [?], Things cast overboard and wreck of theSea, and all Goods taken or to be taken as Derelicts[4] or by chance[found or] to be found, And all other Trespasses, Misdemeanors, Offenses, Enormities and maritime Crimes whatsoever done and committedor to be done and committed as well in and upon the high Sea as allPorts, Rivers, Fresh Waters and Creeks and Shores of the Sea to highWater Mark, from all first Bridges towards the Sea, in and throughoutour said Province of South Carolina, and Maratime Coasts thereuntobelonging, howsoever, wheresoever or by what Means so ever arising orhappening, and all such Things as are discovered and found out asallso all fines, Mulcts, amercements and Compositions due and to bedue in that Behalf To tax, moderate, demand and collect and levy andto cause the same to be demanded, levied and collected, and accordingto Law to compose and command them to be paid, and also to proceed inall and every the Causes and Business above recited, and in all otherContracts, Causes, Contempts and Offences whatsoever, howsoevercontracted or arising (so that the Goods or Persons of the Debtors maybe found within the Jurisdiction of our Vice Admiralty in our Provinceof South Carolina aforesaid) according to the Civil and Maritime Lawsand Customs of our said high Court of Admiralty of England ancientlyused, and by all other lawful Ways, Means and Methods according to thebest of your Skill and Knowledge, And all such Causes and Contracts tohear, examine, discuss and finally determine (saving nevertheless theRight of appealing to our aforesaid High Court of Admiralty ofEngland, and to the Judge or President of the said Court for the timebeing, and saving always the Right of our said high Court of Admiraltyof England, and also of the Judge and Register of the same Court, fromwhom or either of them it is not our Intention in any thing toderogate, by these Presents) and also to arrest and cause and commandto be arrested all Ships, Persons, Things, Goods, Wares andMerchandizes for the Premisses and every of them and for other Causeswhatsoever concerning the same wheresoever they shall be met with orfound within our Province of South Carolina aforesaid and theTerritories thereof, either within Liberties or without, And to compelall manner of Persons in that behalf, as the Case shall require, toappear and to answer, with Power of using any temporal Coertion and ofinflicting any other Penalty or Mulct according to the right Order andCourses of the Law, summarily and plainly, looking only unto the Truthof the fact. And we impower you in this Behalf to fine, correct, punish, chastise and reform and imprison and cause and command to beimprisoned, in any Gaols being within our Province of South Carolinaaforesaid and maritime places of the same, the Parties guilty andViolators of the Laws and Jurisdiction of our Admiralty aforesaid andUsurpers, Delinquents, and contumacious Absenters, Masters of Ships, Mariners, Rowers, Fisher men, Shipwrights and other Workmen andArtificers whomsoever exercising any kind of maritime Affairs as wellaccording to the aforesaidmentioned civil and maritime Laws andOrdinances and Customs aforesaid and their Demerits As According tothe Statutes and Ordinances aforesaid and those of our Kingdom ofGreat Britain for the Admiralty of England in that behalf made andProvided, And to deliver and absolve, to discharge and Cause andCommand to be discharged, whatsoever Persons imprisoned in such cases, Who are to be delivered, and to promulge and interpose all manner ofSentences and Decrees and to put the same in Execution, withCognizance and Jurisdiction of whatsoever other Causes, Civil andMaritime, which relate to the Sea or which any Manner of ways respector Concern the Sea or passage over the Same or Naval or MaritimeVoyage performed or to be performed or the Maritime Jurisdiction abovesaid, with power also to proceed in the same According to the Civiland Maritime Laws and Customs of aforesaid Court anciently used, aswell those of meer Office Mix'd or promoted[5] as at the Instance ofany Party, as the Case shall require and seem Convenient. And we do bythese presents, which are to continue during our Royal Will andpleasure only, Further give and grant unto you James Michie Esq. , Oursaid Commissary, the Power of taking and receiving all and every thewages, fees, Profits, Advantages and Commodities whatsoever in anymanner due and anciently belonging to the said Office, According tothe Custom of our High Court of Admiralty of England, Committing untoyou our Power and Authority Concerning all and Singular the Premisesin the several places above Expressed (Saving in all the Prerogativeof our said High Court of Admiralty of England aforesaid) togetherwith power of Deputing and Surrogating in your place for andConcerning the premisses one or more Deputy or Deputies as often asyou shall think fit. Further we do in Our Name Command and firmly andStrictly Charge all and Singular Our Governors, Commanders, Justicesof the Peace, Mayors, Sheriffs, Marshalls, keepers of all our Goalsand Prisons, Bailiffs, Constables and all other our officers andMinisters and faithful and Leige Subjects in and throughout ouraforesaid Province of South Carolina And Territories thereuntobelongingThat in the Execution of this our Commission they be from time to timeAiding, Assisting and yield due Obedience in all things as is fitting, unto you and your Deputy Whomsoever, under pain of the Law and thePeril which will fall thereon. Given at London in the High Court ofOur Admiralty of England aforesaid under the Great Seal thereof theSixteenth Day of June in the Year of our Lord One Thousand Seven andfifty three and of our Reign the twenty sixth. 

SAML. HILL, Register. [6]

[Footnote 2: Civil law judge. ]

[Footnote 3: Suicides. ]

[Footnote 4: Flotsam, goods found floating on the water from a wreck;jetsam, goods thrown overboard from a ship which has perished; legan, heavy goods thrown overboard with a line and buoy to mark where theyhave sunk; derelicts, vessels abandoned on the seas. ]

[Footnote 5: _I. E. _, cases where there was no one corresponding to theplaintiff in a suit at common law, but where the judge proceeded, asan exercise of his own duty (mere office) or on being promoted(incited) thereto by an informer. ]

[Footnote 6: Register of the High Court of Admiralty. ]

_182. Warrant to try Prizes. June 5, 1756. _[1]

[Footnote 1: South Carolina Admiralty Records, vol. E-F, p. 115. Thiswarrant is there entered in the records of the admiralty court forNov. 22, 1756, the judge, James Michie (see the two precedingdocuments), presiding. Great Britain had declared war against Franceon May 18, 1756. A similar warrant is in Anthony Stokes's _View of theConstitution of the British Colonies_ (London, 1783), p. 280. ]

By the Commissrs. For Executing the Office of Lord High Admiral ofGreat Britain and Ireland etc. 

Whereas his Majesty had declared Warr agt. France we do in Pursuanceof His Majesty's Commissn. Under the great Seal of Great Britain datedfourth day of this instant June (a Copy whereof is hereunto Annexed)hereby will and require the Vice Admiralty Court of South Carolina, and the vice Admirall, or his Deputy, or Judge of the said Court, orhis Deputy, now, and for the time being, to take Cognizance of, andJudicially to proceed upon all and all manner of Captures, Seizures, Prizes and reprizals of all Ships and goods already Seized and taken, and which hereafter may be seized and taken, and hear and determinethe same and according to the Course of Admiralty and Law of Nations, to adjudge and Condemn all such Ships, Vessels and Goods as shallbelong to France or the Vessels and subjects of the French King, or toany other inhabiting within any of his Countries, Territories orDominions, and all such other Ships, Vessels and Goods as are or shallbe liable to Confiscation pursuant to the respective Treaties betweenhis Majesty and other Princes, States and Potentates which shall bebrought before them for Trial and Condemnation, And for so doing thisShall be their sufficient Warrant. Given under Our Hands and Seal ofthe Office of the Admiralty this fifth day of June 1756 and in thetwenty ninth year of His Majestys Reign. 

ANSON. [2]BATEMAN. R. EDGCUMBE. 

[Footnote 2: Lord Anson, the celebrated admiral, was at this timefirst lord of the admiralty. The other commissioners signing wereJohn, second viscount Bateman, an Irish courtier, and RichardEdgcumbe, afterward the second Baron Edgcumbe, celebrated as adissipated wit. ]

To the Vice Admiralty Court ofSouth Carolina and the Vice Admiralor his Deputy or the Judge of the saidCourt or his Deputy, now, and for thetime being. 

By Command of their Lordships J. CLEVLAND. [3]

[Footnote 3: John Clevland, secretary to the Admiralty 1751-1763. ]

_183. Standing Interrogatories. 1756. _[1]

[Footnote 1: From Anthony Stokes's _View of the Constitution of theBritish Colonies_ (London, 1783), pp. 284-288; already in print, butinasmuch as the most learned of American admiralty judges told theeditor of this volume that he had never seen a set of the standinginterrogatories, that were used at this period, it seems notsuperfluous to print one here. Later sets, more elaborate, as used in1798, may be found in Christopher Robinson's _Admiralty Reports_, I. 381-389, and in Marriott, _Formulare Instrumentorum_ (London, 1802), pp. 130-148. Since in civil-law procedure witnesses were not examinedorally in open court, but all testimony was obtained in the form ofwritten depositions, it was advisable in prize proceedings, in orderthat examinations might be thorough and searching, to employ standardsets of questions, ready-made. Anthony Stokes (1735-1799), from whosebook the present specimen is taken, was an English or Welsh lawyer, practised law in Antigua and St. Christopher 1763-1769, and waschief-justice of Georgia, 1769-1776, 1779-1782, then retired toEngland as a loyalist. His book contains many specimens of documentsused in proceedings before the vice-admiralty courts in the colonies. ]

_Antigua. _ _Interrogatories_ administered to witnesses _in preparatorio_, touchingIn the Court of Vice and concerning the seisure and takingAdmiralty. Of a certain Schooner, named _Princess of Orange_, alias _Flying Fish_, whereof Casparus Wyneburgh was Master, by the private Schooner of War _Mary_, whereof Edward Richards is Commander. 

1. Where was you born, and where do you now live, and how long haveyou lived there, and where have you lived for seven years last past?are you subject to the Crown of Great Britain, or of what Prince orState are you a subject?

2. When, where, and by whom was the schooner and lading, goods andmerchandises, concerning which you are now examined, taken and seised, and into what place or port were the same carried? whether was thereany resistance made, or any guns fired against the said schooner, orpersons who seised and took the same, and what and how many, and bywhom?

3. Whether was you present at the time of the taking or seizing theschooner and her lading, goods and merchandises, concerning which youare now examined, or how and when was you first made acquaintedthereof? whether was the said schooner and goods taken by a man ofwar, or a private man of war, and to whom did such man of war, orprivate man of war belong? had they any commissions to act as such, and from and by whom, and by what particular vessel, or by whom was orwere the said schooner seized and taken? to what kingdom, country, ornation did the said schooner so seized and taken belong, and under thecolours of what kingdom, country, or nation did she sail at the timeshe was so seized and taken? was the said schooner, which was taken, aman of war, privateer, or merchantman?

4. Upon what pretence was the said schooner seized and taken? to whatport or place was she afterwards carried? whether was she condemned, and upon what account, and for what reason was she condemned, and bywhom, and by what authority was she so condemned?

5. Who by name was the master of the vessel concerning which you arenow examined, at the time she was taken and seized? how long have youknown the said master? who first appointed him to be master of thesaid schooner, and when did he take possession thereof, and who byname delivered the same to him? where is the said master's fixed placeof habitation with his wife and family, and how long has he livedthere? what countryman[2] is he by birth, and to what Prince or Statesubject?

[Footnote 2: _I. E. _, of what country. ]

6. What number of mariners belonged to the said schooner at the timeshe was taken and seized? what countrymen are they, and where did theyall come on board? whether had you, or any of the officers or company, or mariners, belonging to the said schooner or vessel, any part, share, or interest in the said schooner concerning which you are nowexamined, and what in particular, and the value thereof, at the timethe said schooner was so taken, or the said goods seised?

7. Whether did you belong to the schooner or vessel concerning whichyou are now examined, at the time she was taken and seized? how longhad you known her? when and where did you first see her? of whatburthen was she? how many guns did she carry? and how many or whatnumber of men did belong to, or were on board the said schooner at thetime she was taken, or at the beginning of the engagement before shewas taken? and of what country building was she? what was her name, and how long had she been so called? whether do you know of any othername she was called by? and what were such names, as you know or haveheard?

8. To what ports and places was the said schooner or vessel concerningwhich you are now examined bound, the voyage wherein she was taken andseized? to and from what ports or places did she sail the said voyagebefore she was taken and seized? where did the voyage begin, and wherewas the voyage to have ended? what sort of lading did she carry at thetime of her first setting out on the said voyage, and what particularsort of lading and goods had she on board at the time she was takenand seized, proceeding upon a lawful trade? had she at that time any, and what prohibited goods on board her?

9. Who were the owners of the said schooner and vessel and goodsconcerning which you are now examined, at the time she was taken andseized? how do you know they were the owners of the said schooner andgoods at that time? of what nation are they by birth, and where dothey live with their wives and families? and to what Prince or Stateare they subjects?

10. Was there any bill of sale made to the owners of the saidschooner? in what month or year, and where and before what witnesseswas the same made, and when did you last see it, and what is becomethereof?

11. In what port or place was the lading, which was on board theschooner at the time she was taken and seized, first put on board thesaid schooner? in what month and year was the lading so put on board?what were the several qualities and quantities, and particularsthereof? whether were the same laden and put on board the saidschooner in one port, or at one time, or in several ports and places, and how many by name, and at how many several times, and whatparticulars and what quantity at each port? who by name were theseveral laders or owners thereof, and what countrymen are they? wherewere the said goods to be delivered, and for whose account, and towhom by name did they then really belong?

12. How many bills of lading were signed for the goods seized on boardthe said schooner? whether were the same colourable, and whether wereany bills of lading signed, which were of a different tenor with thosewhich were on board the said schooner at the time she was seized andtaken? and what were the contents of such other bills of lading, andwhat are become thereof?

13. What bills of lading, invoices, letters, or any instruments inwriting, or papers, have you to prove your own property, or theproperty of any other person, and of whom in the schooner and goods, concerning which you are now examined? produce the same, and set forththe particular times when, and how, and in what manner, and upon whataccount, and for what consideration you became possessed thereof?

14. In what particular port or place, and in what degree oflatitude[3] were or was the schooner, concerning which you are nowexamined, taken and seized? at what time, and upon what day of themonth, and in what year, was or were the said schooner so taken andseized?

[Footnote 3: A statement of the longitude, it will be observed, is notrequired. Any navigator of that time could easily determine hislatitude, but there was no accurate method of determining longitude atsea till John Harrison made his trial voyage to Jamaica with hischronometer in 1761-1762. ]

15. Whether was there any charter party signed for the voyage, whereinthe schooner, concerning which you are now examined, was taken andseized? what is become thereof? when, where, and between whom was thesame made? what were the contents thereof?

16. What papers, bills of lading, letters, or other writings, any wayconcerning or relating to the schooner concerning which you are nowexamined, were on board the said schooner at the time of the seizureof the said schooner? were any of the papers thrown overboard by anyperson, and whom, and when, and by whose orders?

17. What loss or damage have you sustained, by reason of the seizingand taking of the said schooner concerning which you are now examined?to what value does such loss or damages amount? and how and after whatmanner do you compute such loss and damage? have you received any andwhat satisfaction for such the loss and damage which you havesustained, and when and from whom did you receive the same?

_LA VIRGEN DEL ROSARIO Y EL SANTO CRISTO DE BUEN VIAGE. _

_184. Libel of Richard Haddon. March 9, 1757. _[1]

[Footnote 1: This document, and all that follow relating to this case, nos. 184-196, are derived from the files of the vice-admiralty courtwhich during the colonial period sat in New York. They are preservedin the offices of the United States district court in that city. Inthe case of the colonial admiralty courts which sat in Boston, Philadelphia, and Charleston, only the record-books of those courts, from which several of our documents were obtained, have survived, andof the other courts apparently nothing; but from the New Yorkadmiralty court we have, besides records, a copious mass of papersrelating to the cases, preserved by an exceptionally careful assistantregister. By the care of Hon. Charles M. Hough, U. S. Circuit judge, these papers have been arranged, mounted, and bound in model fashion. In interpreting the papers here printed, the editor has been muchassisted by an opportunity to read a manuscript of Judge Hough'sconcerning them. 

The case of the _Virgen del Rosario_, more exactly the cases ofRichard Haddon _v. _ 10 Doubloons, etc. , of Ybañez _v. _ £2409, and ofthe King _v. _ Thomas Miller and Sampson Simpson, give excellentillustrations of the chicanery with which prize cases could beconducted and of the manner in which through admiralty courts the endsof justice could be defeated. The materials are copious. The historyof the capture is sufficiently set forth in docs. No. 187 and no. 188. The legal history of the case may be summarized as follows. Sept. 20, 1756, Nathaniel Marston and Jasper Farmar petition governor andcouncil for a privateer's commission for the _Peggy_ or _CharmingPeggy_, whereof Richard Haddon was to be commander, Christopher Millerlieutenant; _Cal. N. Y. Hist. MSS. _, II. 659. Sept. 29, 1756, thecommission is granted. Dec. 7, 1756, the _Peggy_ captures the schooner_La Virgen del Rosario y el Santo Christo de Buen Viage_, plundersher, and lets her go. (It will be remembered that Great Britain wasnot at war with Spain at this time, but only with France. ) Mar. 5, 1757, the _Peggy_ arrives at New York, "having taken as many Prizesduring her Cruize as she could well man"; _Pennsylvania Gazette_, Mar. 10. Mar. 9, Haddon libels the plunder (doc. No. 184). Mar. 31, theadmiralty judge decrees that it shall be his, provided no betterclaimant arises within a year and a day, and provided he furnishessureties to the register of the court to the value of £2409. 4s. 11d. ;notes of Sir William Burrell on this case in _Reports of Casesdetermined by the High Court of Admiralty and upon Appeal therefrom, temp. Sir Thomas Saulsbury and Sir George Hay_, ed. R. G. Marsden(London, 1885), pp. 185-186. July 26, 1757, the sureties present theiraccount of sales (doc. No. 186). Feb. 17, 1758, and Mar. 10, onpressure from London, where Captain Ybañez has made his complaint, theadvocate general in New York files a claim for money and goods, in theking's name, to restore them to the Spaniards. Apr. 5, the suretiesdemur. Apr. 19, the judge dismisses the advocate general's claim. Sept. 27, 1758, Ybañez files his own claim or libel (doc. No. 188), but the judge rules Feb. 10, 1759, that his time had expired (Marsden, _loc. Cit. _). Dec. 19, 1760, the Lords Commissioners of Appeals inPrize Causes reverse the colonial court, and condemn the captor incosts and damages (_ibid. _, and doc. No. 195). July 4 and 26, 1761, the New York judge declares that, while the Lords of Appeal hadapparently reversed his decree of Mar. 31, 1757, on Haddon's libel, they had not reversed his decree of Feb. 10, 1759, on that of Ybañez, the decree actually appealed from (court papers). But so the matterhad been dragged on until, Jan. 4, 1762, Great Britain declared waragainst Spain, and it may be considered certain that Ybañez neverrecovered anything; perhaps he did not deserve to, for pretty clearlyhe had been violating or evading the laws of his own country. 

Meanwhile, July 14, 1758, the advocate general, on account ofirregularities on Haddon's part violating his commission as aprivateer, had sued his bondsmen (King _v. _ Miller and Simpson). Theircounsel moved for a commission to take evidence in Havana, which wasgranted by the court, Sept. 2, 1758; hence docs. Nos. 189, 191-194. June 27, 1761, on all the evidence now collected, the court decreedforfeiture of the bond. July 7, 1761, the sureties appealed (doc. No. 196), but there is no record evidence that their appeal was everperfected, or that they ever paid. See doc. 196, note 1. ]

Province of New York } To the Honourable LewisCourt of Vice Admiralty } Morris Esqr[2] Commissary and Judge of the Court of Vice Admiralty for the province of New York. 

[Footnote 2: Lewis Morris (1698-1762)--son of Lewis Morris thegovernor of New Jersey and father of Lewis Morris the signer of theDeclaration of Independence, of Richard Morris the judge, and ofGouverneur Morris--was admiralty judge in New York from 1738 to 1762. His own record of his life, from his family Bible, is in _N. Y. Gen. And Biog. Record_, VII. 16-18. ]

The Lybell of Richard Haddon of the City of New York Marriner[3]Commander of the private vessell of Warr called the _Peggy_ in behalfof himself and the Owners and Company of the said Schooner _Peggy_ inall Humble Manner Sheweth unto your honor that his most GraciousMajesty George the Second, by the Grace of God of Great Brittainfrance and Ireland King, Defender of the Faith, Vfd. By his Commissionunder the seal of the Court of Vice Admiralty of New York Bearing datethe Twenty Ninth Day of September in the year of our Lord one thousandSeven hundred and fifty Six writeing as is therein Recited did therebyGrant Commission to and Lycence and Authorize Jasper Farmer[4] andNathaniell Marston[5] of the City of New York Merchants to Sett forthin warr Like manner the said Schooner called the _peggy_ under theCommand of the said Richard Haddon, therewith by force of Arms toAttack, Surprize, Seize and take by and with the said Schooner and thecrew thereof any place or fortress upon the Land or any Ship orVessell, Goods, Amunition, Arms, Stores of Warr or Merchandizebelonging to or possessed by any of his said Majesties Enemies in anySea, Creek, Haven or River and Such other Ships, Vessells and Goodswhich are or shall be Lyable to Confiscation pursuant to the treatiesbetween his Said Majesty and Other princes, States and potentates andto bring the same to such port as should be most convenient in Orderto have them Legally Adjudged in his said Majesties high Court ofAdmiralty of England or before the Judges of such other AdmiraltyCourt as Shall be Lawfully Authorized within his Majesties Dominions, which being Condemned it Should and might be Lawfull for the saidRichard Haddon to sell and Dispose of Such Ships, Vessells, and Goods, Amunition, Arms, Stores of Warr or Merchandise so Adjudged andCondemned in Such sort and Manner as by the Course of the Admiraltyhath been Accustomed as by the said Commission may more fully Appear, and the said Richard Haddon Doth further Show unto your Honour that inpursuance of his Said Commission on or About the Seventh Day ofDecember Last past being on the High Seas within the Jurisdiction ofthis Court in the said Schooner _Peggy_ with his Company and Crew onBoard the Same in or About the Latitude of twenty-one Degrees andEighteen Minutes North Longitude Eighty Seven[6] Degrees fifty SevenMinutes West from London he did meet with, sett upon and take aCertain Schooner Belonging to the Subjects of the french King Enemiesof our Said Lord King George the Second, having on Board tenDoubleloons, [7] five thousand seven hundred and Sixty four Dollars, one hundred and five pistereens, [8] and Some Small Silver as also oneBracelett, twenty Gold rings, Some Silver Buckells, six Swivell Guns, Some Shott, one Cask of Powder, Some Cutlasses and one Kegg of Indigobeing the Money, Chattles, Goods and Effects of the Subjects of thefrench King, Enemies of our Said Lord King George the Second, whichmoney, Bracelett, Rings, Buckells, Swivell Guns, Shott, powder, Cutlasses and Indigo Belonging to the Subjects of the french King andEnemies of our Said Lord King George the Second the said RichardHaddon hath brought into this his Majesties port of New York in thesaid Schooner _Peggy_ in Order to have the Same Legally Condemned bythe Sentence and Decree of this Honourable Court (But the saidSchooner being unfitt to Come upon a Winters Coast and he the saidRichard Haddon having a Great Number of prisoners Delivered her to aNumber of them to Carry them to some french port After takeing out ofher the Money, Goods and Chattles aforesaid) Wherefore the saidRichard Haddon Humbly prays your Honour that the said Money, Bracelett, Rings, Buckells, Swivell Guns, Shott, Powder, Cutlassesand Indigo Aforesaid belonging to the Subjects of the french King andEnemies of our Said Lord the King may by the Sentence and Adjudicationof this Honourable Court be Condemned as Lawfull prize to the Use ofthe said Richard Haddon and the Owners and Company of the saidSchooner _Peggy_ According to the Common Right of Nations and the Lawof Arms in Such Case used. 

RICHD. MORRIS Pr. [9] for the Lybellent. 

[Footnote 3: Richard Haddon, mariner, was a New Jersey man, but becamea freeman of New York City in 1749; _N. Y. Hist. Soc. Fund Pubs. _, 1885, p. 167. An extract from a letter of his, written during thissame cruise, Dec. 29, 1756, and conveying valuable information he hadpicked up respecting the proposed expedition of the French up theMississippi to the Illinois country, is printed in _N. Y. Col. Docs. _, VII. 219; it was an enclosure in a letter from Governor Hardy of NewYork to Secretary Pitt, Feb. 26, 1757, printed in Miss Kimball's_Correspondence of William Pitt_, I. 12; _cf. _ p. 31. ]

[Footnote 4: Jasper Farmer, merchant, owner in several privateers ofthe time, and militia captain, was killed a few months later, Apr. 23, 1758, by one whom he was trying to impress. ]

[Footnote 5: Also an owner in several privateers; will (1778) in _N. Y. Hist. Soc. Fund Pubs. _, 1900, p. 50. ]

[Footnote 6: A scribe must have misread the figure 81, which appearsin other documents, into 87. In reality, 87° 57´ W. , in the latitudenamed, would locate the capture on dry land, in Yucatan. It took placenear the Isle of Pines, south of the western part of Cuba. ]

[Footnote 7: A doubloon was a Spanish gold coin, equal to $8. 24. ]

[Footnote 8: A pistareen or peseta was equal to about 19 cents. ]

[Footnote 9: Proctor. Richard Morris (1730-1810), son of the judge(note 2, above), and at this time practising in the court, succeededhis father as admiralty judge in 1762 (commission Oct. 16, see doc. No. 180, note 1), and served as such till 1776, when he took theAmerican side. From 1779 to 1790 he was chief justice of the SupremeCourt of New York. ]

[_Endorsements:_] New York Court of Vice Admiralty. --

Richd. Haddon in Behalf of himself the Owners and Comp'y of theSchooner _Peggy_ _v. _ 10 Doubleloons, 5764 Dollars, 105 Pisterreens, one Bracelett, 20 Gold rings, Some Silver Buckells, Some Small Silver, six Swivell Guns, Some Shott, one Cask of Powder, Some Cutlasses andone Bagg of Indigo. --Read and filed Wednesday the 9th of March 1757. Proclamations Wednesday the 9th, Thursday the 10th and Fryday 11thMarch. Sentence Thursday 31st of March. 

_185. Deposition of Francisco Raphe. March 31, 1757. _[1]

[Footnote 1: The document is endorsed as filed on the same date. ]

Province of New York ss. 

The Deposition of Francisco Raphe Having been before Sworn and nowExamined on the part and behalf of Richard Haddon Commander of theprivate Vessel of War the _Peggy_, Against Ten Doubleloons, fiveThousand Seven Hundred and Sixty four Dollars, One Hundred and fivePisterreens, one Bracelet, Twenty Gold Rings, Some Silver Buckles, Some Small Silver, Six Swivel Guns, Some Shot, one Cask of Powder, Some Cuttlasses and one Keg of Indigo. 

1. To the first Interrogatory this Deponent saith that his Name isFrancis Rafe, and is twenty Six Years of Age, that he is a Native ofSierra[2] in Greece and Subject to the Grand Turk, by Ocupation aMariner. 

[Footnote 2: Presumably the island of Psyra in the Aegean, now calledPsara. ]

2. To the second He says, that two Days after the Vessel he was onboard of Sailed out of Cuba they were taken by Capn. Haddon, which wasabout December last, that he does not know the Vessels Name of whichhe was aboard for she had no Regular Commander, no Dispatches orPapers of any kind from any Port or Place whatsoever And he believesthat had said Vessel been taken by any Vessel of any Nation she wouldhave been a lawfull prize, and had she been taken by a Spanish GuardaCosta, the whole Ships Crew would have been Hanged as Pirates, thatthere were on board of all Nations almost, as Genoves, French andothers, In Number Seventy two, and that one of the Chief in Particularwas a Frenchman Subject to the French King. That He knows no furtherto Declare in Relation to any other Interrogatories, but only that Heabsolutly from all the Knowledge he can form thinks her to be a justand Lawfull prize. 

FRANCISCO RAPHE. 

Examined the 31st MarchAnno Dom 1757(GARRET NOEL, Spanish Interpreter)[3] RICHD. NICHOLS Reg'er. [4]

[Footnote 3: "Spanish interpreter of the province of New York"; _Cal. N. Y. Hist. MSS. _, II. 662, and _Cal. Council Minutes_, p. 443. Elderin the Presbyterian Church; _Cal. N. Y. Hist. MSS. _, II. 698, and _Doc. Hist. N. Y. _, III. 300. Schoolmaster; _N. Y. Hist. Soc. Fund Pubs. _, 1885, p. 177. "Mr. Garret Noel, for many years a respectablebookseller in New York, died at Elizabethtown, N. J. , September 20, 1776, aged 70"; _ibid. _, 1899, p. 370. ]

[Footnote 4: Register of the court of admiralty till his death, Aug. 19, 1775. "During a residence in New York of 60 years he followed theProfession of Law. He was of a respectable family in Wales". _Ibid. _, 1899, p. 296, where his will is given. ]

_186. Account of Sales. July 26, 1757. _[1]

[Footnote 1: The document is not dated; the date may be supplied fromdoc. No. 188, p. 550, _infra_. ]

Sales of Sundrys takeing and Brot. In by the Privateer Schooner_Peggy_ Richd. Haddon Commr. 

1 Brasslett £ 2. 0. 020 Gold Rings Case Mattle[2] @ 8/ 8. 0. 0Some Odd Silver Buckles 2. 0. 0Some Small Silver 1. 12. 76 Swivle Gunns @ 40/ 12. 0. 0Some Shott 9. 6Cagg Powder 2. 12. 0Some Cuttlasses 18. 01 Kegg Indigo 10. 3. 4-3/4 --------------- 39. 15. 5-3/45764 Dollars @ 8/ £2305. 12. 010 Doubleloons @ 112/ 56. 0. 0105 Pistereens 1/6 7. 17. 6 --------------- 2369. 9. 6 --------------- £2409. 4. 11-3/4 ---------------

[Footnote 2: Metal? The valuation indicates alloyed gold. The slantingmark after 8 is for shillings, and the shilling in this account is theNew York shilling, equivalent to 12-1/2 cents. ]

Errors Excepted

THOS. MILLER. [3]

[Footnote 3: Thomas Miller was a nephew of Jasper Farmer; C. F. Billopp, _History of Thomas and Ann Billopp Farmer_, pp. 45, 46. ]

_187. Deposition of Don Felipe Ybañez. [1] September 2, 1758. _

[Footnote 1: In some of the documents the name is found written, byignorant scribes, Philip y Banes, and therefore it is found underBanes in some indexes. Ybañez, arriving in Jamaica soon after thecapture, complained to Vice-Adm. George Townshend, commanding on thatstation, of the "piratical behavior" of Haddon. Townshend wrote to thesecretary of the admiralty, enclosing affidavits. Holdernesse, secretary of state, sent on May 20, 1757, a circular to the colonialgovernors, printed in _N. C. Col. Rec. _, V. 756, expressing hisMajesty's indignation at such actions toward a neutral, and orderedthe governor of New York to proceed against Haddon. The _Calendar ofCouncil Minutes_, p. 434, shows the letter to have been received, July16. On Sept. 16 Secretary Pitt sent a circular to the governors withstrict commands against molesting Spanish subjects; Kimball, _Corr. OfWilliam Pitt_, I. 105. On Feb. 13, 1758, Lieutenant-governor JamesDeLancey writes (_ibid. _, I. 181) that this circular had been receivedJan. 19, and that a proclamation had at once been issued. He adds, "Capt. Phillip Ybannes who was plundered by Capt. Richard Haddon isnow here and I have put him in a way to recover the loss he hassustained and if he meets with Justice in the Admiralty he cannot failof a recompence. "]

Province of New York. Court of Vice Admiralty. 

The Deposition of Don Phelipe Ybanes being before Sworn and nowExamined on the part of our Lord the King on the Lybel of WilliamKempe, Esqr. [2] his Majes'ys Advocate General for this Province of NewYork Against Thomas Miller and Sampson Simpson[3] Defendants. 

[Footnote 2: Attorney general 1752-1759, advocate general 1753-1759, d. 1759. He filed his claim on behalf of the crown Feb. 17 and Mar. 10; the judge dismissed it Apr. 19, 1758, on the ground that the kinghad no interest in the goods. Marsden, p. 185; doc. No. 188, and otherpapers. ]

[Footnote 3: Samson or Sampson Simson, d. 1773, son of Rabbi JosephSimson and uncle of that Samson Simson who founded the Mt. SinaiHospital, was the chief Jewish merchant in New York, owner of severalprivateers, and later one of the founders of the Chamber of Commerce. At this time he was _parnas residente_ (president) of the CongregationShearith Israel, till 1825 the one Jewish congregation in New York. _Publications of the American Jewish Hist. Soc. _, II. 83, III. 81, X. 109-117, XI. 155, XXI. 74, XXV. 90. Dr. Benjamin Kennicott, in _TheTen Annual Accounts of the Collation of Hebrew MSS. Of the OldTestament_ (Oxford, 1770), p. 161, mentions information from PresidentCooper in New York "that Mr. Sampson Simson, a very worthy andbenevolent old Gentleman, of the Jewish persuasion, living in thatcity, is in possession of a MS. Of very great antiquity, containingthe whole Hebrew Bible"--on which see Ezra Stiles, _Literary Diary_, III. 3, 32. ]

1st. This Deponent saith that his Name is Phelipe Ybanes Aged thirtyseven years Born at St. Lucar[4] in Old Spain by Ocupation a Marinerand subject to the King of Spain. 

[Footnote 4: At the mouth of the Guadalquivir. Columbus sailed thenceon his third voyage, in 1498. ]

2ly. That his first knowledge of Richd. Haddon and the Schooner_Peggy_ was on the sixth or Seventh Day of December 1756. That hefirst knew the Schooner called the _Virgin of the Rosary and SantoChristo_ in the year 1756 when he bought her in Jamaica. That shebelonged to Port Trinity[5] on the Island of Cuba immediately beforethe 6th and 7th Days of December 1756. He this Depon't being thenCommander of said Schooner having his Resident in the Havana with hisFamily. That he was on board said Schooner on the 6th and 7th days ofDecember 1756 as Commander and Owner. That said Schooner was not thenEquipped to use Force in any manner but only as a trading Vessel. Thatshe had on board three small Guns unloaded and Six Swivel Guns, threeof which were Loaded with Ball in Case of Necessity to make Signalsbut all in the Hold for Ballast, and fourteen Hangers, [6] which wasall the Arms on board. That he this Deponent was sole Owner of saidSchooner at that time. That when he this Deponent was met with byRichd. Haddon on the 6th or 7th Day of December 1756, he[7] came fromPort Trinity but last from Port Banes[8] Eight Leagues from the Havanain the same District where he touched and took in for Jamaica, wherehe was Bound, two Passengers both Eng'h Subjects named HenryMyerhoffer[9] and Willm. Abbot[10] Beside which he took in EightSpaniards. That they then made to the Number of Sixteen Spaniards onboard and two English, seven of which were Mariners. The Names of theSpaniards were Don Phelipe Ybanes Capn. And Owner, Don FranciscoGarcia, Pasqual de Cordova, Don Geronimo de la Cal, Cayetano Peres, Pablo Antonio Corea, Marcelino Marero, Silvestre Manuel de Castro, Miguel de Fuentes, Henry Myerhoffer, and Wm. Abbot English Passengers, Juan Lorenso Boatswain, Matheas Antonio, Antonio Malacallo, BedroValderama, Antonio Gonis, Bernardo Martines, Antonio Navarette, Mariners. That the Spanish Passengers were Residents at the Havanawith their Families and so were the Seamen Except one who is aResident at St. Agustin. That the motive of the Spanish passengersgoing in said Schooner was to trade at Jamaica. That said Schooner hadno more Mariners on board than is Customary nor so many as is quiteNecessary for such a Vessel. That there was no such person on boardsaid Schooner as Francisco Raphel[11] at the time she was taken byRichd. Haddon nor any French Subjects. 

[Footnote 5: Trinidad, near the middle of the south side of Cuba. ]

[Footnote 6: Small short swords. ]

[Footnote 7: The deponent. ]

[Footnote 8: Cabañas, 35 miles west of Havana. ]

[Footnote 9: A German living in Georgia, see doc. No. 194, paragraph5. ]

[Footnote 10: Also a resident of Georgia (_ibid. _); constable ofFrederica some years before, _Col. Rec. Ga. _, VI. 210. ]

[Footnote 11: See doc. No. 185. ]

3ly. That all the Papers was the Licence and some Letters for someMerch'ts at Kingston in Jamaica. That said Licence was for saidSchooner to go from Port Trinity to Port Mansanillo[12] which Licenceand said Papers was taken from said Don Phelipe Ybanes by said Richd. Haddon by Force. That he this Deponent as soon as he came on board thePrivateer shewed Richd. Haddon his Licence. 

[Footnote 12: Manzanillo is on the south coast of Cuba, two hundredmiles east of Trinidad, and thus on the way to Jamaica! It should bementioned that export of provisions from Cuba to Jamaica was forbiddenby Spanish regulations. ]

4ly. That at the time of the Seizure of said Schooner, the Cargoeconsisted of the following particulars--Six Thousand Nine Hundred andSeventy five Spanish Heavy Dollars, [13] Six Hundred and SixteenDollars in Dobloons, two Hundred and Eighty Dollars in Gold Trinkets, a Bag[14] of Indigo [of] 125 lbs. , the greatest part of the SchoonersProvisions, the Spanish Colours, about 50 lbs. Gun Powder, Six SwivelGuns, about twenty Balls, a Box Sweetmeats Value Forty Dollars, andfourteen Hangers--all which belonged to this Deponent and otherSpanish Subjects now in New York. 

[Footnote 13: _Pesos fuertes_, Mexican hard dollars. ]

[Footnote 14: Elsewhere _kagg_, keg. ]

5ly. That said Richd. Haddon when he met with the said SpanishSchooner fired a Ball at her notwithstanding she had her SpanishColours Flying and had brought to to speak with said Haddon and theReason that induced said Deponent not to make the most of his way fromsaid Privateer was that he knew the two Crowns of England and Spain tobe in Friendship. That the Privateer Boat came on board said SpanishSchooner with a Lieut. Christop'r Miller[15] by Name and seven moreSeamen. That he this Deponent shewed said Lieut. His Licence tellinghim at the same time that they were Spaniards and the Vessel andCargoe Span'h property, From whence they came and whither Bound. Thatsaid Lieut. And People seemed very Civil and Regular till theydiscovered the Money which as soon as they had done, they Insisted onthe Spaniards having run away with it and gave that as a pretence forSeising it which they did and carryed the same away by Force withother particulars already mentioned by this Deponent. That said Richd. Haddon did order this Deponent and all the People (except two orthree) on board the Privateer and there treated them as Prisoners, said Haddon being on board. That he this Deponent told said Haddonfrom whence he came and where he was bound to and that he was aSubject of Spain and declared that Himself was Commander of saidSchooner when she Sailed from the Havana and that he shewed saidHaddon his Licence and other Papers. That said Haddon did not declarethat he would carry the said Schooner to the Havana, on the contrarythis Deponent and the People belonging to the Spanish Schooner werevery desirous of it and requested of him to carry them there. Thatsaid Rd. Haddon's Lieut. And People did by Force and Violence Seizesaid Money and Effects and carry them away against the Consent andSolisitation of this Deponent and people belonging to said SpanishSchooner. That said Span'h Schooner was at that time in good Order andwell Conditioned both as to her Hull, Sails and Rigging and fitt tocome to New York. That this Depont. Desired of sd. Rd. Haddon that theMoney might be Counted but sd. Haddon Refused it. That when thisDeponent and People were brought on board the Privateer they were allof them Searched and Money and Effects taken from the Severalfollowing Persons. From Miguel Fuentes 1 pair Silver Buckles and 1pair Gold Buttons, From Don Geronimo de la Cal 1 pair of silverBuckles and a Ring, From Pablo Antonio Corea 1 pr Silver Buckles, FromCayetano Peres 1 pair Silver Buckles and four Dollars. All these weretaken from the People beside the Money and Effects brought from onboard the Spanish Schooner. That said Rd. Haddon never told them thathe would proceed to New York in order to Lybel the Money and Effectsaforesaid but on the Contrary Endeavoured to Conceal his Name and fromwhence he came as much as possible from this Deponent and his people. That there never was any Agreement between this Deponent and hisPeople with Rd Haddon or anything like it relating to the Money andEffects aforesaid. That said Richd. Haddon's Lieut. Chrsr. Miller byName, with some of the Mariners belonging to said Privateer, did treatthis Deponent and Comp'y belonging to said Spanish Schooner withthreatning and abusive Language on Returning them on board saidSpanish Vessel. That said Rd. Haddon did not offer to bring thisDepont. And People to New York, for as was declared before He did notmention New York nor did this Deponent and People know he came fromthence. That said Rd. Haddon did take from on board said SpanishSchooner and carry away with him in the said private Vessel of War, two Passengers by Names Henry Myerhoffer and Willm. Abbot bothsubjects of Great Britn. That this Deponent did Request said Richd. Haddon to carry him to some Eng'h Port but was refused. That he thisDeponent did Request from said Richd. Haddon a Receipt or CertificateAcknowledging that he the sd Rd. Haddon had taken from on board thesaid Span'h Schooner the Money and Effects aforesaid, which saidDeponent Requested in order to shew as a proof of what had happened tohim. That the said Richd. Haddon did thereupon give this Deponent aReceipt or Certificate, but afterwards said Receipt was Demanded fromhim by the said Christopher Miller which this Deponent Refusing toReturn, said Chrisr. Miller did by Threats, Force and Violence takesaid Receipt or Certificate from this said Deponent as they were in aBoat in their Return on board said Spanish Schooner. 

[Footnote 15: A nephew of Jasper Farmer; C. F. Billopp, _History ofThomas and Ann Billopp Farmer_, pp. 45, 46. ]

6ly. To this Interrogatory can say Nothing. 

7ly. That said Spanish Schooner after the Transaction aforesaid didReturn to the Havana, where he this Deponent was informed by someFrenchmen that had been taken by said Rd. Haddon since this Deponent, that sd Haddon had proceeded in said Private Vessel of War to Sta. Lucea[16] on the Island of Jamaica, whereupon this Deponent determinedto go there in Quest of him in order to procure Satisfaction for theInjury he had Received from him. That shortly after the Arrival ofthis Deponent at the Havana, an English Man of War came into thatPort. That He this Deponent made Application to the Capn. For hisAdvice and Assistance, who thereupon gave him a Certificate to theGovernour and the Admiral Stationed at Jamaica. That this Deponentthereupon proceeded to Santa Lucea but said Rd. Haddon was sailed fromthence before this Deponent arrived there. That said Haddon was atSanta Lucea fifteen Days as this Deponent was Informed. That he theremet with the two aforesaid Englishmen, that this Depont. Had takenPassengers in his Schooner, but were carryed away by said Richd. Haddon. That this Deponent proceeded afterward with said SpanishSchooner to Kingston on Jamaica and there made his Complaints to theGovernor and Admiral against Rd. Haddon. [17] That the said twoEnglishmen who had been Passengers in said Spanish Schooner, did makeOath before the Governor of Jamaica of the Transactions of said Rd. Haddon his Officers and People. That the Exhibits now Shewn him markedA No 1 and No 2 are the Affidavits lay'd before the Governor ofJamaica in support of the Truth of the Complaints made by him thisDeponent against said Rd. Haddon, his Officers and People which thisDeponent brought with him from Jamaica to New York. That the NameSubscribed to the Affidavit in the Exhibit marked A No 1 is his ownHand Writing and attested as Expressed in said Instrument of Writing. That said Henry Myerhoffer did Subscribe his Name to the Affidavit andthat he knows that to be his Hand Writing in the Exhibit marked A No2, and that he attested the same in manner therein Expressed. ThatAdmiral Townsend in pursuance of the said Complaint and proofsDispatched a small Man of War under his Command in pursute of saidRichd. Haddon in order to bring said Schooner _Peggy_ into PortRoyal[18] on the Island of Jamaica aforesaid. 

[Footnote 16: Now Lucea, at the northwest corner of the island. ]

[Footnote 17: Henry Moore, lieutenant governor, was acting asgovernor. The preceding governor, Vice-Adm. Charles Knowles, hadlately removed the seat of government from Spanish Town to Kingston. ]

[Footnote 18: Port Royal, on the south side of Kingston harbor, wasthe first capital of the island; but probably Ybañez means theharbor. ]

8ly. That this Deponent did afterward Return to The Havana and Arrivedthere on or about the 16 May 1757. That said Admiral Townsend didafterward arrive at the Havana and Advised this Deponent to proceedto New York not doubting but he would receive Satisfaction for theInjury done him by said Rd. Haddon his Officers and Crew belonging tosaid Schooner _Peggy_ and that in Case he should not Receive theSatisfaction he Expected, then to proceed with the Affidavits toLondon to demand it there. That said Admiral being then in the Havanagave him a Letter to the Gover'r of New York Recommending to him toprocure Justice to be done to this Deponent. 

9ly. Does not belong to this Deponent to Ansr. 

Lastly, He says that he knows of nothing further Necessary to orConcerning these Interrogatories. 

PHELIPE YBAÑES. 

Examined the 2d of September Anno Dom 1758. (Assisted by Garrat Noel Sworn Spanish Interpreter) RICH'D NICHOLLS, Regr. [19]

[Footnote 19: The document is endorsed as filed Sept. 2. ]

_188. Libel of Felipe Ybañez. September 27, 1758. _

Province of New York } To the Honourable LewisCourt of Vice Admiralty } Morris Esqr. Commissary and judge of the Court of Vice Admiralty for the Province of New York. 

The Lybel and Claim of Philip y Banes otherwise called Philip Vanes, otherwise called Philip de Francis, Humbly Sheweth, That he the said Philip is a Native of St. Lucar in the Dominions ofSpain and a subject of his Catholick Majesty, and an Inhabitant of theHavannah in the Dominions of his said Catholick Majesty, and that hethe said Philipe was at the Time of the Capture herein after mentionedMaster and sole Owner of a certain Spanish Schooner called _La Virgindel Rosario y el Sancto Christo de buen Voyage_: That being on aVoyage from Trinidada, and having a Passport for Mansennello he wentto the Havannah leaving his said Schooner at a Landing Place abouteight Leagues distant from thence called Vanes[1] and there inPursuance of a Proposal which had been for that Purpose made to himbefore he had left Trinidada aforesaid on the 10th of November oneThousand seven hundred and fifty six entered into a written Agreementwith Caleb Davis[2] of the English Nation and Transiently in thatCity, the Purport of which Agreement was that he should carry in hissaid Schooner one Henry Myerhoeffer and one Wm. Abbot an Englishman toPort Royal on the Island of Jamaica carrying with them certain Papersand Letters relating to an Affair with which he the said Davis wascharged in Virtue of an Order from his Sovereign the King of GreatBritain, who were to remit to him the said Caleb certain Merchandizewhich he had given them Orders to send on his Account and Risque forthe Supply of his urgent Necessities which when complyed with heobliged himself to pay to the said Philip the sum of one thousandDollars without Delay, as by the said Agreement ready to be producedmay appear; That after his having made the said Agreement, his saidschooner being at the said Landing Place called Vane's he took onBoard the said Schooner the said Henry Myerhoffer and Wm. Abbot andtheir Letters and Papers and Eight other Persons, all subjects of hisCatholick Majesty, who engaged to go as Passengers in the saidSchooner to the said Island of Jamaica. And the said Philip furthersaith that he had also on Board his said Schooner one Mate or Pilotand six Marriners to navigate the said Schooner who were all likewiseSubjects of his said Catholick Majesty and among other Goods had onboard the said Schooner several Bags of Money which contained Insilver to the Amount of six Thousand nine hundred and seventy fivemill'd Dollars, and in Gold the Value of six hundred and sixteenmill'd Pieces of Eight and divers Gold Rings and other Trinkets to theValue of two hundred and eighty mill'd Pieces of Eight, sixPateraroes[3] of the Value of sixteen Pounds, a Parcel of Gun Powdercontaining in quantity about fifty Pounds of the Value of EightPounds, one Bag of Indigo containing in quantity about one hundred andfifty Pounds of the Value of sixty Pounds, and a Chest of Sweetmeatswhich cost in the Havannah forty Dollars of the value of sixteenpounds, fourteen Spanish Machets[4] of the Value of twenty two Poundseight Shillings, one Pistol of the value of one pound five shillings, thirty swivel shot of the Value of fifteen shillings, all New Yorkmoney, together with sundry other Goods mentioned in a Lybel filed inthis Court by the said Richard Haddon hereinafter mentioned, all whichwere the Property of him the said Philip Y'Banes and others theSubjects of the King of Spain in Amity and Friendship with the King ofGreat Britain; That he the said Philipe afterwards being in the Courseof his Voyage to the Island of Jamaica aforesaid on the high Seas andwithin the jurisdiction of this Court about ten Leagues to theSouthward of the Island of Pines, on or about the sixth day ofDecember which was in the year of our Lord one Thousand seven hundredand fifty six, he the said Philip was attacked and set upon in hissaid Schooner by one Richard Haddon, Commander of a Schooner calledthe _Peggy_ being a private Vessel of War from this Port of New York;That he the said Richard Haddon having fired a Gun against the saidSpanish Schooner and brought her to, sent the Boat of the saidPrivateer on Board the said Spanish Schooner, manned and armed, together with one officer of him the said Richard Haddon which thesaid Philip took to be his first Lieutenant, and others of the Crew ofthe said Privateer _Peggy_, who searched into and Examined the sdSpanish Vessel where they found all the money and Goods aforesaid, all which by the said Officer and Crew were taken out of the saidSpanish Schooner and carried on Board the said Privateer the _Peggy_, commanded by the said Richard Haddon; That he the said Philip Y Baneswas then and there in a forcible manner taken out of the said SpanishSchooner by the said Lieutenant and Crew of the said Privateer the_Peggy_ or some of them and carried on Board the said Privateer, wherethe said Philip Y: Banes was searched from Head to Foot by the saidRichard Haddon, the said Lieutenant or officer and others of the Crewbelonging to the said Privateer by the Orders of the said RichardHaddon, and he the said Philip was then and there unlawfully strippedby the said Richard Haddon and others of his Crew of the Value of TwoHundred and twelve Dollars in Gold which he the sd. Philip hadconcealed in his Breeches; That he the said Philip did then and thereshew to him the said Richard Haddon his Passport and other papers andDocuments evincing Spanish Property in his said Schooner and Cargo, and the Intent of his present voyage, and did insist and declare tohim the said Richard Haddon that his sd. Vessel and all the Money, Goods and Effects that he had on Board wch. Had been so seized andtaken as aforesaid were the Property of himself and others thesubjects of his said Catholick Majesty and did belong to no otherPerson or Persons whosoever, and did request and intreat him the saidRichard Haddon to restore to him the said Philip the said Money, Goodsand Effects, or to bring him into this port of New York that he mighthave an Oppertunity of making his Claim and proving his property toand in the monies Goods and Effects so taken from him the said Philipby him the said Richard, his Officers and Crew as aforesaid, But thesaid Richard Haddon did altogether refuse to restore the same to thesaid Philip or to permit or Suffer him the said Philipe or any of hisOfficers or People to come with him in the said Schooner _Peggy_ tothis Port of New York; That the said Philip did then desire the saidRichard to give him a Receipt or Certificate of the money, Goods andEffects which had been so seized and taken from him as aforesaid, thathe might satisfy all parties concerned in the same Money, Goods andEffects of the manner How he had been deprived of the same; That thesaid Richard did then Deliver to the said Philip a Writing which hesaid did Contain such Receipt or Certificate, But afterwards the firstLieutenant of him the said Richard did require and Insist that he thesaid Philipe should redeliver the same to him; That the said Philiprefused to redeliver the said writing and thereupon the said firstLieutenant lifting up his Fist threatned to knock him down if heresisted, and with his Other Hand took the said Certificate thusforcibly and Violently out of said Philips Pocket where he hadendeavored to secure the same, And the said Philip further sheweththat the said Richard did also take from on board the said Schoonerthe said Henry Myerhoffer and William Abbot, his said two Passengers, And also his passport and other papers shewn to him the said Richardto the purpose aforesaid, and after giving the said Philip verythreating and abusive Language did then and there send the saidPhilip, despoiled and deprived of his money, Goods and Effects, passport and other papers aforesaid, on Board his said SpanishSchooner; That the said Richard Haddon did afterwards proceed with thesaid privateer _Peggy_ to Lucea on the Island of Jamaica and therecareened and fitted her for the sea and during the time he say[5]there kept the said Henry Myerhoffer and William Abbot closelyconfin'd in order to prevent their discovering or Complaining of thisTreatment he the said Philip had received from the said RichardHaddon, his Officers and Crew as aforesaid. And when and not beforethe said privateer had Hoisted sail to Leave Lucea aforesaid the saidHenry Myerhoffer and William Abbot were set at Liberty, and the saidPrivateer proceeded to sea. And the said Philip further Sheweth thatHe the said Richard Haddon in the said Privateer Did afterwards Arriveat this port of New York And that the said Richard Haddon didafterwards on or about the ninth Day of March in the Year of our Lordone Thousand Seven hundred and fifty six[6] by his Lybel filed inthis Court claim Part of the Money, Goods, and Effects which had beentaken from him the said Philip in Manner aforesaid, viz. TenDoubloons, five Thousand seven hundred and sixty four Dollars, oneHundred and five Pistreens and some small Silver, as also oneBracelet, twenty gold Rings, some Silver Buckles, six swivel Guns, some Shot, one Cask of Powder, some Cutlasses and one Bag of Indigo, as being the Property of the Subjects of the French King and prayedthat the same might by the Sentence of this Court be adjudged andcondemned as Lawfull Prize to him the said Richard Haddon and theOwners and Company of the said Privateer _Peggy_, as by the said Lybelfiled in this Court, Reference being hereunto had, may more fullyappear; That the said Philip not having any Pilot or Person on Boardhis said Vessel who was acquainted with the Navigation on this Coastwas all together deprived of the Means and Opportunity of making hisClaim and Defence to the said Lybel; That immediately after the saidSeizure he returned with said Spanish Schooner to the Havannah, andcomplained there, of the said abuse that he had received from the sd. Richard Haddon and his Officers and Company. That the Governour of theHavannah[7] hearing thereof highly resented the same (and as the saidPhilip has been informed and hopes to prove) wrote to his ExcellencySr. Charles Hardy, then Governour of this Province, [8] upon the Matterof his said Complaint, demanding Redress, And that at that Time therebeing a British Man of War lying in that Port the Said Philip alsomade the like Complaint to the Commander of the said Ship who advisedthe said Philip immediately to repair with his Schooner to Jamaica andmake his Case known to the Government there and Particularly toAdmiral Townshend who was upon that Station, That upon properRepresentations being made, Justice might be obtained and Reparationprocured to the said Philip by Means and assistance of the BritishGovernment; That accordingly the said Philip proceeded to Jamaica andarrived there on or about the Beginning of March one Thousand sevenhundred and fifty seven and applied to Admiral Townsend and made hisAffidavit of the Treatment and Usage that he had received from thesaid Richard Haddon and the said Officers and Crew of the saidPrivateer _Peggy_ before a proper Officer there, and also finding thesaid Henry Myerhoffer in that Island he procured his Affidavit to betaken of the like matter, both which affidavits properly certifiedunder the Seal of the said Island are filed with the Register of thisCourt and to which the said Philip for greater Certainty doth refer;That his Majesty the King of Great Britain, being informed of thePremises by Affidavits concerning the same, transmitted by AdmiralTownsend, did by a Letter from the Right Honourable the Earl ofHoldernesse his Secretary of State to the Governour of this Province, Dated at Whitehall the twentieth Day of May one Thousand seven hundredand fifty seven, [9] express the deepest resentment of the said Injurydone to the said Philip by the said Richard Haddon and the officersand Crew belonging to the said private Vessel of War, as beingcontrary to all Humanity and Good Faith and the General InstructionsGiven to Privateers, And did require and demand that Justice might bedone within this his Government to the Subjects of his CatholickMajesty relating to the Premises, as by the said Letter filed in theMinutes of his Majesty's Council for this Province of New York[10] andan attested Copy thereof filed with the Register of this Court, towhich the said Philip doth refer, may more fully and at large appear. And the said Philip further sheweth That during these Transactions inthe West Indies and in Great Britain he the said Richard Haddonprosecuted his said Lybel in this Court and to give the better Colourto his Pretensions that the Money, Goods and Effects before mentionedwere French Property did on the thirty first of March one Thousandseven hundred and fifty seven procure Some Person calling himselfFrancisco Raphe to be examined before the Register of this Court[11]on the Part of him the said Richard Haddon against the Money, Goodsand Effects mentioned in his said Lybel, wherein the said FranciscoRaphe deposes among other Things that he is a Native of Sierra inGreece and Subject of the Grand Turk, by Occupation a Marriner, Thattwo Days after the Vessel, he was on Board of, sailed out of Cuba theywere taken by Captain Haddon which was about December then last, Thathe did not know the Vessel's Name of which he was on Board for She hadno regular Commander nor Dispatches or Papers of any Kind from anyPort or Place whatsoever, and he believes that had such Vessel beentaken by any vessel of any Nation She would have been a lawfull PrizeAnd had She been taken by a Spanish Guarda Costa, the whole Ship'sCrew would have been hanged as Pirates, That there were on Board, ofall Nations allmost, as Genoesse, French and others, in Number twentytwo, and that one of the Chiefs in particular was a French man, Subject of the French King, That he absolutely, from all the Knowledgehe can form, thinks her to be a just and lawfull Prize; And he thesaid Philip further sheweth that he is advised that the saidDeposition is of a very extraordinary Nature, and made by one whosupposed himself to have been a Pyrate; That by Reason of its greatIncertainty it can have no legal Application either to him the saidPhilip or his Schooner; that the Vessel on which the said FranciscoRaphe was on Board was a Ship of the Crew Whereof he was one; That thesaid Schooner of the said Philip had a regular Commander and properDispatches and Papers from Trindada a Spanish Port; That not oneFrench Man or Genoé was on Board the said Schooner nor any oneMarriner or passenger Except the said Henry Myerhoffer and WilliamAbbot that was not a Subject of Spain; And the said Philip furthersheweth That he is an entire Stranger to the said Francisco Raphe, That he knows no Person of that Name, and is very certain that no suchperson was either a Seamen or Passenger on Board the said Schooner inthe Voyage before mentioned, and the said Philip is informed that noWitness whatsoever was produced in this Court to Prove the Money, Goods and Effects mentioned in the said Lybel of the said Richd. Haddon to be French Property but the said Francisco Raphe, and that bythe Minutes of this Court it will appear that on the very Day the saidExamination was taken Publication was ordered to pass and the Cause tobe immediately heard, and thereupon the Proctor for the said RichardHaddon opened the Lybel and Proceedings, and the Deposition of thesaid Francisco Raphe being read this Court having considered of thesame did adjudge, Sentence and decree the said Money, Goods andEffects in the said Lybel mentioned as lawfull Prize for the use ofthe Captors, pursuant to the Statute in that Case made and _provided_that no just and rightful Claim be made for the same by any OtherPerson or Persons within a year and a Day, and ordered that theLybellant stipulate with Security to the Register of this Court in theAmount of the said Gold, Silver and other Things to bring the saidAmount into this Court when this Court should order the same within ayear and a Day aforesaid, To which Minute of this Court the saidPhilip doth refer, And the sd. Philip further sheweth That at a Courtof Vice Admiralty held at the City of New York on the twenty-sixth Dayof July then next following, pursuant to the order of this Court ofthe thirty first Day of March then last past, the Accounts of Sales ofthe said Gold, Silver and other Things lybelled as aforesaid werebrought into this Court and filed, [12] And that thereupon JasperFarmer and Thomas Miller of the City of New York, Merchants, appearedin this Court and freely and voluntarily submitted to the jurisdictionthereof And severally stipulated to the Register of this Court in theSum of Two Thousand four Hundred and nine Pounds, four Shillings andeleven Pence three Farthings, said to be the Amount of the said Gold, Silver etc. On Condition to bring the said Money into this Court whenthis Court should order the same at any Time within a year and a Dayfrom the said thirty first Day of March then last past, as by the saidOrders and Proceedings of this Court to which the said Philip dothrefer, Relation being thereunto had, may appear. And the said Philipfurther sheweth that by the said Letter of the Right Honourable theEarl of Holdernesse before mentioned and above referred to, hisMajesty The King of Great Britain did Command Prosecutions to beimmediately commenced for the Recovery of what should appear to be soplundered from the said Philip and others the Subjects of the King ofSpain or the full Value thereof, with all Costs and Damages occasionedby the premises; That his said Majesty's Advocate General for thisProvince of New York, in obedience to his Majesty's Pleasure sosignified and the express Order and Direction of his Honour theLieutenant Governour of this Province and Commander in Chief thenbeing (having received Information of the said Orders and Proceedingsof this Court) to prevent any Prejudice to the Subjects of the saidKing of Spain, in consequence of the same did on the seventeenth Dayof February last past, in the Name and Behalf of his said Majesty theKing of Great Britain, for the Use and Benefit of the said Philip andother Subjects of the King of Spain, enter and file his Claim to theMoney and Goods first above mentioned, which had been with Force andViolence taken from him the sd. Philip, declaring it to be intendedtherein to include all the Particulars that had been before libelledby the said Richard Haddon and other Goods that had not been solybelled, but had been taken and seized by the said Richard Haddon inManner as aforesaid, together with the Interest, Damages and Costswhich had accrued by Reason of the Premises; That afterwards the saidAdvocate General on the tenth of March last in Obedience to the Ordersaforesaid did file his Claim more at large In this Court and amongother Things therein contained prayed that this Court would order anddecree that the said Monies, Goods and Chattels in the said Lybel ofthe said Richard Haddon mentioned might by the Order of this Court bebrought into this Court according to the Stipulation aforesaid, as bythe said Claim filed with the Register of this Court, to which thesaid Philip doth refer, may more fully and at large appear. Whereupon, on the said tenth Day of March, it was ordered by thisCourt that the Securities of the said Richard Haddon do bring intothis Court the said Sum of two Thousand four Hundred and nine Pounds, four Shillings and Eleven Pence three Farthings, being the Amount oftheir Stipulations aforesaid, on or before that day Week or Shew Causeto the contrary; That on the seventeenth Day of March last the saidJasper Farmer and Thomas Miller appeared in this Court by theirProctor But did not bring into this Court the said Sum last mentionedand had Time till the fifth Day of April following to shew Cause whythey had not done it, on which Day they filed their Demurrer to thesaid Claim of the said Advocate General, alledging for Cause ofDemurrer that it appeared by the said Claim that the Scope and Endthereof was to relieve the said Philip y: Banes, a Spaniard, claimingthe Money and Effects formerly Lybelled in this Court by RichardHaddon in Behalf of himself and the Owners and Company of the Schooner_Peggy_, as French Property, against the Sentence and Decree of thisCourt, to all which several Matters and other Things in the said Claimcontained the said Defendants did demur. 

[Footnote 1: Cabañas. ]

[Footnote 2: Caleb Davis had lived at St. Augustine as a trader forseveral years prior to 1738, had made himself wealthy when, in 1739, he proposed to settle in Savannah, and was a shrewd, cunning fellow, so says Secretary William Stephens in his journal; _Col. Rec. Ga. _, IV. 64, 247, 309. Oglethorpe commissioned him as a privateer, in 1739, but later arrested him for sending two Spanish prisoners in to St. Augustine; _ibid. _, IV. 422, 467, 483, 511, 623, and Harris, _Oglethorpe_, p. 215. Egmont mentions him as "Captain Davies, ofsuspected character"; _Col. Rec. Ga. _, V. 139. In the next war he wasa very successful privateer; _ibid. _, XXV. 42, 251. In 1751 and 1752he commanded Oglethorpe's principal vessel of war; _Acts of the PrivyCouncil, Colonial_, IV. 128, 130, 170, 287, VI. 322. ]

[Footnote 3: Pedereros, small pieces of ordnance used for throwingstones, etc. ]

[Footnote 4: Machetes. ]

[Footnote 5: Error for stayed. ]

[Footnote 6: Error for 1757. ]

[Footnote 7: Don Francisco Cagigal de la Vega, captain-general ofCuba; see doc. No. 189. ]

[Footnote 8: Governor of New York from Sept. , 1755, to June, 1757. ]

[Footnote 9: Printed in _N. C. Col. Rec. _, V. 756. ]

[Footnote 10: _Calendar of Council Minutes_, p. 434. ]

[Footnote 11: See doc. No. 185. ]

[Footnote 12: Doc. No. 186. ]

For That, by the Claim it appears that his said Majesty the King ofGreat Britain ought not to recover the Money, Goods and Effects in theClaim mentioned, they being expressly therein declared to be theProperty of a Spanish Subject, and not the Property of his saidMajesty the King of Great Britain, And for that his said Majesty oughtnot by Law to sue for himself and a Subject in that Suit, And for[that] a Decree in that Suit would be no Barr to a new Suit brought inthe Name of his Majesty on the Stipulation for the good Behaviour ofthe said Richard Haddon, And for that by Law no Subject is to answerto the King, for an Injury done to another Subject, but by a CriminalProsecution, And for that a Decree upon that Claim would be no Barrto, nor could it prevent the said Philip Y: Banes from filing hisClaim in his own Name, And for that divers Persons are made Parties tothat Claim that ought not to be joined together, as by the saidDemurrer filed with the Register of this Court to which the saidPhilip doth refer may more at large appear. And the said Philipfurther sheweth that he hath not hitherto obtained any recompense orsatisfaction for the Injury aforesaid. 

Wherefore he the said Philip for the Reasons aforesaid and for theseveral Matters and Causes offered and insisted on in this his Libeldoth Humbly Claim the said Two Thousand four Hundred and nine Pounds, four Shillings and Eleven Pence three Farthings, secured to be paidinto this Court by the Stipulation aforesaid, together also with alland every the other Monies, Goods and Effects so seized and taken fromhim by the said Richard Haddon as aforesaid and not mentioned in theLybel of him the said Richard, and all Damages, Losses and Expenses byhim the said Philip in any wise sustained by Reason of the PremisesAnd Humbly prays the Advisement of this Court in the Premises and thedue Process of the Law against the said Two Thousand four Hundred andnine Pounds, four Shillings and eleven Pence three Farthings, securedto be paid into this Court by the Stipulation aforesaid, and all andevery other such due Process as by the Law ought to issue and begranted against all and every Person and Persons who is, are or may beliable and Chargeable for the same and for all and every other theMonies, Goods and Effects so seized and taken from Him the said Philipas aforesaid and for his Losses and Damages and Expenses aforesaid, and such full and ample Relief and Satisfaction touching the Premisesas, by the Law of Nations, the particular Laws and Statutes of GreatBritain, and the Custom and Usage of this Court, is due in cases ofthis Nature to the Subjects of his Catholick Majesty the King of Spainbeing in Amity with his Majesty the King of Great Britain. 

WM. SMITH Junior, [13] Adv'te for the Libellant. 

JAS. DUANE, [14] Advocate for the Libellant

[Footnote 13: William Smith, jr. (1728-1793), the historian of NewYork, afterward chief-justice of New York and, in his last years, ofCanada. ]

[Footnote 14: James Duane (1733-1797), a prominent member of theContinental Congress from 1774 to 1784. ]

_189. Certificate of Captain-General Cagigal. November 4, 1758. _

Don Francisco Cavigal[1] de la Vega, Knight of the Order of St. James, Field Marshall, Governour and Captain General of the Havana and Islandof Cuba etc. _Whereas_ I am Informed that Don Philipe Y Banes, Captainand Administrator of the Schooner Called _our Lady of the Rosary andHoly Christ_, And Marseleno Marrero, [2] Are now in the City of NewYork, Dominions of his Majesty the King of Great Brittain, in Order toRecover 7871 Dollars which in silver, Doubloons, and Gold Trincketswere by force taken from them on the 6th December 1756, by Capt. Haddon of the Privateer Schooner _Peggy_, from New York, a smalldistance from Pine Island on the south side of this Navigation, andhaving been Informed by Letters from the aforesaid that they arehindered in prosecuting for their Right by the Owners of saidprivateer Schooner pretending that they were Pirates at the time ofthe Robbery, and in Attention that the Contrary has been Clearlyproved by their Sailing with a Spanish Crew and under Spanish Coloursand with Leave from my Lieutenant Governour Don Francisco Guitierresin the City of Trinity to proceed to the anchoring place of Mansanilloin the Jurisdiction of Valamo, [3] And After the Robbery they arrivedon this Coast at Porte Bane[4] where they took in Necessarys and withmy Licence they Sailed to Jamaica in search of said privateer andpresenting themselves before his Excellency the Governour Declared theRobbery upon Oath, as did Likewise Henry Myeroffer and William Abbot, two Englishmen who were on Board Said Don Philipe's Schooner at thetime the Robbery was Committed, and were afterwards taken and put bysaid English Captain on Board his privateer, who Carried them to St. Lucia on the Island of Jamaica, as appears from the Instruments thatsaid Don Philipe Shewed me on his Return, _And Whereas_ Consideringthe Great Prejudice that has Resulted from their being out of theirNative Country and knowing that they are Inhabitants of this City andSubjects to the King of Spain and have not Incurred the Penalty ofPirates, In their behalf and for myself I pray and Recommend to hisExcellency the Captain General and Governour and the Judge of theAdmiralty of New York that they will be pleased to Order to beDelivered the said Money to the said Spaniards, inasmuch as I am readyto Observe Equal Justice in the Like Case, And in Case they Shouldmeet with any Difficulty in the Recovery of their Right, I do byVirtue of this Grant them a passport and Leave to follow theirRecourse to the Court of London and Appeal to his Brittanic Majestytill the Ultimate Resolution of his Royal Clemency; to this End I haveperused the foregoing and do Sign and Order the Royal Signet to beAffixed to the same and Authorized by the present Notary to theGovernment. Given in the Havannah the fourth of November 1758. 

[Footnote 1: For Cagigal. Don Francisco Cagigal de la Vega(1693-1777), who had been governor of Santiago de Cuba from 1738 to1747, and had defended it successfully against the English in 1741, was captain-general of Cuba from 1747 to 1760, when he became viceroyof New Spain. ]

[Footnote 2: In the same set of papers there is a deposition ofMarcelino Marero, born in the Canary Islands, forty-three years old, almost identical in contents with that of Ybañez, doc. No. 187, and ofthe same date. ]

[Footnote 3: Bayamo. ]

[Footnote 4: Cabañas. ]

Before me DIEGO DE GUITIERRES Notary to the Governour

FRANCISCO CAVIGAL DE LA VEGA

We his Majestys Notary Publicks of the Number Admitted in this CityCertify that Don Diego Guitierres, by whom this Dispatch isAuthorized, is Notary to the Government and that Entire faith andCredit may be given to all his Dispatches, Judicial and Extrajudicial, Dated ut Supra. 

ANTO'O PONCE MANUEL RAMERES CHRIST'O LEAL Not'y Publick Notary Publick Not'y Publick

I Certify that the foregoing is a true Translated Copy of the OriginalSpanish Exam'd by

GARRAT NOELSworn Span'h Intep'r

_190. Deposition of William Haddon. November 16, 1759. _

Province of New York. Court of Vice Admiralty. 

The Deposition of William Haddon who having been before Sworn and nowexamined on the Interrogatories to be administered to witnesses to beproduced, Sworn and Examd. On the part and behalf of Thomas Miller andSampson Simpson, defendants, at the suit of the attorney General Inthe name of our Lord the King Libbellant. 

1st. To the First of the said Interrogatories this deponent saith thathis name is William Haddon, aged thirty eight years, his usually placeof residence is at New York, By occupation a schoolmaster[1] and asubject to the King of England. 

[Footnote 1: "At a commodious House . . . In Bound Brook, Province ofEast New Jersey, young Gentlemen are educated and boarded onreasonable terms, by William Haddon, Professor of ab, eb, etc. "Advertisement in _New York Mercury_, Mar. 30, 1761. He taught thereseven years, then at Newark from 1768 on. _New Jersey Archives_, firstser. , XX. 548. ]

2d. To the second Interrogatory this deponent saith that he knowsRichard Haddon, late commander of the private Sloop of war called the_peggy_, that the said Richard Haddon is this deponents brother and hehas Known him as long as he has had knowledge. 

3d. To the third Interrogatory this deponent Saith that he knew aperson called Don Philip, which this deponent supposes to be the sameperson Philip Vanes, otherwise called Philip De Francois, otherwisecalled Philip Y Banes, mentioned in the third Interrogatory, that hefirst saw him the 7th of December 1756, In the Latitude of 21 and 33m. N. [2] and Longitude 81° and 30 m. 

[Footnote 2: The latitude given in the next paragraph, 21° 23´ N. , must be the correct one. Lat. 21° 33´ would be on the island of CayoLargo. Doc. No. 184 gives lat. 21° 18´, long. 81° 57´. ]

4th. To the fourth Interrogatory this deponent Saith that he saw acertain Schooner pretended to be a spanish Schooner, But did not knowher name, and first became acquainted with her the 7th of December1756, In the Latitude of 21 and 23 N: and Longitude 81 and 30, thisdeponent was on board the privateer _peggy_ when the said Schoonerwas taken, that he was Capn. Clerk, [3] this deponent is not verypositive but believes there was about fourteen men on board the saidschooner at the time she was taken, that the said schooner had fourcarriage [and] six swivel Guns at the time she was brought too, asthis deponent afterwards heard, and that she had no regular papers orClearances from any publick authority, as this deponent saw or heardat that time or since. This depont. Also knows and remembers thatparticular pains was taken by Capn. Haddon and all the officersbelonging to the said privateer to discover whether there were anyregular ships papers or Clearances on board the said schooner at thetime of her being taken, and in particular the Capn. When he sentChristopher Miller on board, his first Lieutt. , desired him to sendall the papers of the schooner on board the privt. ; that after the sd. First Liet. Got on board he made a search and told the said Capn. Haddon from the said schooner that he could find no regular papers onboard her, whereupon the Capn. Told him bring all the papers he couldfind and the Capn. Of the sd. Schooner, upon which the Liet. Madeanswer he could not tell which was the Capn. ; upon that the Capn. Toldhim to bring two or three of the Likeliest of the men, that he did soand these men belonging to the said schooner came on board, one ofwhich, which the deponent took to be Don Philip, being asked for thepapers delivered a pocket book to the Capn. Which the Capn opened uponthe Quarter deck and took out the papers; that this deponent was thereand saw nothing but a few Letters, sealed up and directed to Differentpersons in Kingston; then sd. Capn. Haddon told the said Philip thathe certainly must have more papers; upon that sd Philip shrugged uphis shoulders and was Silent, and after that Capn Haddon called to thefirst Liet. , wo [who] was still on board the said Schooner, to make afurther Search, and this deponent never heard of any papers at allbeing found that were satisfactory. The said Philip appd. [4] to be theCapn. Or principal officer of the said schooner. This deponentfurther Says that he heard Capn. Haddon say, upon the peoples askingwhat he Intended to do with them, that he would carry them to theHavannah, upon which as this deponent understood by the Interpretationof one Francis De Spania, a Spaniard belonging to the privateer_peggy_, and from the Declarations of Capn Haddon, they begged andIntreated he would not, for that if he did they would either be hangedor made slaves, and that they said they did not value the money, andtheir lives would be of Little Service to Capn. Haddon, and the saidCapn. Told this deponent the reason he did not send her into any portfor condemnation was partly out of humanity to the people and partlyin regard to the Interest of his owners. This deponent does not knowcertainly but has been Informed that the said Schooner was notproperly equipped or fitt to come upon this Coast in the months ofDecember or January. 

[Footnote 3: Captain's clerk. ]

[Footnote 4: Appeared. ]

5th. To the fifth Interrogatory this deponent saith that to the bestof his Knowledge the said Schooner had on board of her at the time shewas brought to by the said privateer _peggy_ about fourteen men, composed of a Mixture of Nations, that the following Quantitys ofMoney was taken out of the said and brought on board of the _peggy_and Sorted on the deck and there counted, viz. 5764 Dollar, 10Doubbloons, 105 pistereen, 1 Two Shilling, 1 shilling, five bitts, twopair of Silver Knee buckles and one Box containing Sundry Trinkets ofGold, to witt, one Bracelet, twenty Gold rings and one pair of GoldSleeve buttons; it was brought on board in a publick manner and it wassorted and counted in this deponents presence and this deponentunderstood that the said money and other things were owned among thedifferent persons on board. 

6th. To the Sixth Interrogatory this deponent Saith that he heard thatthe persons on board the said Schooner delivered up or gave the saidbox or Trinkets to Capn Haddon on condition that he would not Carrythe said Schooner with the Crew thereof to the Havannah and furthersaith not to this Interrogatory. 

7th. To the Seventh Interrogatory this deponent saith that he knowsthat Capn. Haddon acquainted the persons on board the said Schoonerwith the name of his vessel, his own name, the port she belonged to, and that he should carry the things he had from on board the saidschooner to the port of New York for condemnation. 

8th. To the eighth Interrogatory this deponent Saith that he remembersThat another Schooner was brought to by the _peggy_ some short timebefore the schooner was brought to out of which Capn. Haddon had themoney belonging to the Spanish Nation, and richly Laden and they wereTreated extreamly Civil by Capn. Haddon; this depont. Could notobserve from any of his conduct that he was desirous to rob or pilferthem, but on their producing regular paper and clearances dischargedthem, and this deponent knows of his supplying a Spanish Sloop withprovisions on the Twelfth of Jan'y 1757. 

9th. To the Ninth Interrogatory this depont. Saith that he knows ofnothing further that will tend to the advantage of the defendt. Inthis Cause except That Capn. Haddon found a french Letter on board ofa prize which he took coming from the Mississippi, from a frenchofficer in Luisiania to a person of distinction in old france, bywhich he understood that the french were Incroaching upon the SpanishTerritories and had still designs so to do, upon which Capn. HaddonInclosed the said french Letter in a Letter Directed to the Governourof the Havannah, which said Letter this depont. Wrote by direction ofthe Capn. , [5] and that the said Capn. Always Treated prisoners andothers with humanity and Civilly and always acted with much care. 

[Footnote 5: See also doc. No. 184, note 3. ]

10th. To the Tenth Interrogatory this deponent Saith that he shall notgain or loose by the event of the suit any other wise than by reasonof the near relationship he stands in to Capn. Haddon and by hisbelonging to the said Vessel in the said Cruize. 

WILLM. HADDON. 

Examined this 16th of Novr. 1759Per me SILVESTER, D: Register

_191. Declaration of Don Gerónimo de Medrano. November 19, 1759. _[1]

[Footnote 1: This and the three succeeding testimonies were taken inCuba under the commission mentioned in note 1 to doc. No. 184. ]

19th of November 1759 Before the Lieut. Auditor General Commissionedin this Cause appeared Ensign Don Geronimo de Medrano a Native andInhabitant of this City, who being sworn by making the Sign of theCross according to Custom and promising to declare the Truth, beingasked according to the Tenor of the Articles Contained in theInterrogatory and Inserted in the foregoing Copy, he said as follows--

1. To the first he said that he knows Don Phelipe Ybañes and has knownhim by that Name about twenty four years and knows him to be a Nativeof St. Lucar de Barameda in Andalusia and an Inhabitant in this City, where he Married in the Year 35 with a first Cousin of this Deponent;That from the year 37 to that of 51 he followed the Business ofWorking at Husbandry in the Fields near a Dwelling House he had at theMills and in the Herd yard of Doctor Don Ambrosio de Medrano. Afterward he went to places up the Country where he became Clarke to aprivateer Schooner fitted out by the Lieut. At War of the Town of St. John of the Remedys[2] Don Juan Antonio de Royo. Afterwards saidYbanes Informed him that he had been met with by some Englishmen Saidto be Privateers near the Coast of this Island (he did not Exactlyremember the place) and that they had carried away the Money he tookfor his Voyage, and is what he heard Commonly Reported in this City, which is all he knows about this Enquiry. 

[Footnote 2: San Juan de los Remedios, commonly called Remedios, liesin the middle of the north coast of Cuba, 32 miles east of SantaClara. ]

2. To the second he said that he does not know the said Schooner andis Ignorant of the other particulars in the Enquiery. 

3. To the third he said that he is Ignorant of the Contents in thisEnquiery. 

4. To the fourth he said that he did not know Caleb David nor for whathe came to this City. 

5. To the fifth he said that he knows nothing about the Enquiery inthis Article. 

6. To the Sixth he said that he knows one Antonio de Correa, aSpaniard living in this City since the year 1733, that his Employmentwas bringing Wood from the Coast with Regordete Fregeño[3] but doesnot know that he made a Voyage in 56, Nor the Embarcation in which hewent nor any thing of the rest Enquired. 

[Footnote 3: _Regordete_ means short and stout. ]

7. To the seventh he said that he knows nothing more to Answer thanwhat he has said to the foregoing. 

8. To the Eighth he said that he Expects no Interest from the Resultof this Cause and that what he has said and Declared is the Truth, towhich he has made Oath and being Dated and Read to him he said it waswell Wrote. That he is thirty Six years of Age. To which he set hisHand and his Honour, his Rubric of which I give Testimony. 

HERON'O JOS'H MEDRANO. 

Before me

JUANFERN'O DEL VALLE. N'y Pub. 

_192. Declaration of Don Joseph de la Vega. November 19, 1759. _

Immediatly after appeared before the Lieut. Auditor Gen'l Don Jos'h dela Vega, an Inhabitant of this City, and being sworn by making thesign of the Cross according to form of Right and promising to say thetruth, Being Enquired according to the Tenor of the Article[s]Comprehended in the Interrogatory and Inserted in the foregoing Copy, said as follows--

1. To the first he said that he has known Don Phelipe Ybanes abouttwenty years, a Native of Spain and an Inhabitant of this City, havingremained here after the loss of the _Flora_[1] and Married DonaEugenia Suarez, Neice of Doc'r Don Ambrosio de Medrano, that he hasseen him taking care of a Herd Yard belonging to the said Doc'r, andat a small Dwelling House Contiguous to it said Ybanes had Kills formaking Charcoal and Lime, in which Employ he continued some years. Heafterward saw him in this City Employed in buying and selling tileabout two years and a half or three years agoe but does not know wherehe was when absent. 

[Footnote 1: The reference is probably to the frigate _Floridana_, which foundered off the Cuban coast in the hurricane of July 15, 1733, which destroyed sixteen ships of the Havana fleet of Don Rodrigo deTorres. Fernández Duro, _Armada Española_, VI. 242-243. ]

2. To the second he said that he does not Remember to have heard (buton one occasion about two years and a half agoe) said Ybanes say thathe had a Schooner of his Own and that making a Voyage in her he wasRobbed by some Englishmen, but did not say where he was bound to norany other thing particular relating to what is Contained in theEnquiry, for which Reason and not having any knowledge of the saidSchooner he cannot give any Acco't of them. 

3. To the third he said that he knew Caleb David in this City aboutthe months of March or April in the year 57, having seen him at theHouse of Elizabeth Berrow the Irish Woman, where he was Informed thathe was come with his Wife and some other English People in a LongBoat, having been cast away on the Coast of Campeche, [2] nor does heknow that he had ever been in this City before nor what he came about. 

[Footnote 2: Yucatan. ]

[Transcriber's Note: No 4th item in original. ]

5. To the fifth he said that as before mentioned he saw Caleb Davidwith two or three English, but did not know their Names andConsequently is Ignorant if they are the same that are mentioned inthe Enquiry and the other particulars thereof. 

6. To the sixth he said that he only knew Antonio Correa by sight, bybeing in Don Phelipe Ybanes's Company, that he has Understood he was aMariner but can give no particular Account what trade he was Employedin nor the Vessel in which he went at the time Referred to in theEnquiry. 

7 and 8. To the seventh and Eighth he said that he has no Interest norExpects any from the Determination of the Cause; that what he has saidand Declared is the truth; that he knows nothing more of theseArticles than what he has already Related, of all which he has madeOath and Signed his Name to it, being forty-two years of Age. 

JOSEPH DE VEGA. 

Before me

JOHNFERN'O DEL VALLE Ny. Pub. 

_193. Declaration of Domingo de Armas. November 20, 1759. _

In the City of the Havana on the 20th of November 1759, Before hisHonour Don Martin de Ulloa, of the Order of St. James, one of HisMajestys Council and Auditor Gen'l of said City, Appeared Domingo deArmas, a Native and Inhabitant of this City, and having been swornaccording to the usual form by making the Sign of the Cross andtherebye promising to declare the Truthe, being Enquired According tothe Tenor of the Articles Contained in the Interrogatory inserted inthe foregoing Copy, he Answered as follows

1. To the first Article he said that he knows Don Phelipe Ybanes, aNative of the Kingdom of Castele, and settled in this City ever sincethe loss of the _Flora_, Commanded by Don Rodrigo de Torres, on theRocks of Florida, and Married here to a Neice of Doc'r Don Ambrosio deMedrano; That he has seen the said Ybanes working in a Dwelling Housenear the Great Bridges; that he and his Negroes were Employed at theKills making Charcoal and Lime; That he afterward came to this Citywhere he saw him several times but does not know what Employment hehad Excepting that he once heard him say that he had a Schooner in theCoast Trade and that he would discharge the Master for not making sogood a Hand of Her as might be Expected, but it is now three Yearssince he saw him in this City; That he then said he had been Robbed bysome English Privateers and that he was thinking to go to Recover theEffects they had taken from him. 

2. To the second he said that he has no knowledge of the said Schoonernor of any other particular contained in this Enquiry. 

3. To the third he said that there appears nothing from this Enquirythat he can Answer to. 

4. To the fourth he said that he knows Caleb David, that He and hisWife lived in the House of Elizabeth the Irish Woman, that he came tothis City about three years agoe, as he was Informed, in a Long Boator Barge, having been cast away on the Coast of Campechy, which is allhe can say to this Enquiry. 

5. To the fifth he said that he is Ignorant of the Contents of thisEnquiry. 

6. To the Sixth he said that he only knows Antonio Correa to be aSeafaring Man of middle Stature and brown Complexion, but knowsnothing of his making a Voyage at the time mentioned nor of any thingelse Contained in this Enquiry. 

7. To the seventh can say nothing farther. 

8. To the Eighth he said that he has not nor does he Expect anyInterest from the Determination of this Cause, That what he hasdeclared is the truth, to which he has made Oath, and is Sixty Yearsof Age. Signed by him and Rubricated by his Lordship, of which I giveTestimony. 

DOMINGO DE ARMAS. 

Before me

JUAN FERN'O DEL VALLE. N'y Pub. 

_194. Declaration of Elizabeth Berrow. November 22, 1759. _

In the Havana on the 22 Novemb'r 1759, Before His Honour Don Martin deUlloa, of the Order of St. James, one of his Maj'ys Council, Lieut. Gov'r and Auditor of this City and Jurisdiction, Commissioned by hisMajesty in this Cause, Appeared Elizabeth Berrow, a Widow andInhabit't of this said City, and Swaring by the Sign of the Crossaccording to Right and Form, promised to declare the Truth, and beingEnquired relating to the Tenor of the Articles Inserted in theInterrogatory and Comprehended in the foregoing Copy Declared asfollows--

1. To the first she said that she knew Don Phelipe Ybanes in the year56 by reason of his having been several times at her House, whereCaleb David an English Man Lodged, who he went to see; That she knewsaid Ybanes to be a Spaniard by having heard it so Reported and thathe Married in this City; that he went to Sea in a Shooner of which hewas entire Owner, as said Caleb David and Ybanes himself Reported. 

2. To the second she said that she understood from said Ybanes thatthe Schooner which he called his own was Named _Our Lady of theRosary_ though she never saw said Schooner in this Port. That the saidYbanes before he went out in her came to see Caleb David and told himin the presence of this Deponent that he had been thinking to make aVoyage to Jamaica and that if he had any Commands there he wouldExecute them, telling him that he carried to the Amount of EightThousand Dollars in Money and Gold and Silver Trinkets. Upon whichsaid Caleb David gave him Several Letters of Recommendation forJamaica and desired him to carry two Englishmen that came with him inthe Long Boat from Campeche to this Port where the Embarkation inwhich they arrived had been Confiscated. 

3. To the third she said that she Refers to what she Answered in theforegoing and that it does not appear to her that said Schoonercarried any other Cargoe beside the Money and Trinkets as aforesaid, nor does she know if she went to Sea with Correspondent papers andPassports or not, But when Don Phelipe Ybanes Returned to this Cityand Related to Caleb David how the English Privateers had taken awaywhat he Carried and that he was minded to go to Jamaica and Reclaimhis Effects, said Caleb David offered him New Letters ofRecommendation and a Certificate that said Ybanes was not risen up asthe English had been pleased to Suppose but was only a Merchant. 

4. To the fourth she said that she knew Caleb David very well, that heLodged three Months and odd Days at her House, by means of which shecame to know that his coming to this City was to Reclaim some prisestaken from the English Nation after the Cessation of Hostilities, towhich End he brought Powers from the Concerned and Dispatches from theCourt of Gt. Britain which he shewed to this Deponent. 

5. To the fifth she said that she knew the two individuals mentioned, the one of which was a German and the other an Englishman, but bothSubjects of the King of G'Brit'n and living in Georgia, who came tothis City with Caleb David in the aforesaid Long Boat and are the samePersons that he desired Don Phelipe Ybanes to take with him toJamaica, and she was informed by said Caleb's Wife that in Effect theydid go with him, but does not know if they went away by Day or byNight, as they did not Lodge in the Deponents House but on board theLong Boat and only came there once a Day to carry provision, which wasConsidered to be for Ybanes's Schooner, which he declared was so whenhe Returned to this City and said that the English Privateer Carriedthem on board as being Subjects of G't Britain. 

6. To the Sixth she said that she only knows Antonio Correa, whoseEmploy is that of a Mariner, but is Ignorant what Voyage he made inthe year and at the time mentioned or in what Vessel. 

7. To this she said that she knows nothing of what is Contained inthis Enquiry. 

8. To the Eighth she said that she neither Expects nor has anyInterest from the Decission of this Cause and that what she hasDeclared is the Truth of which she has given Oath, being Dated. Thatshe is thirty six years of Age. To which she Signs her Name and HisHonour has placed his Rubric. 

ISABEL DE VERROA. 

Before me

JUANFERN'O DEL VALLE. Not'y Pub. 

_195. Reversal of Sentence by Appellate Court. December 19, 1760. _[1]

[Footnote 1: This document appears, substantially the same, in SirWilliam Burrell's report in Marsden, _op. Cit. _ (see doc. No. 184, note 1), p. 185. Ybañez having appealed from Judge Morris's decree, the case came at last before the Lords Commissioners for Appeals inPrize Causes. Their names are given in the heading. Granville, earlierknown as Carteret, was lord president of the council from 1750 to1763, Kinnoull chancellor of the duchy of Lancaster 1760-1762, Mansfield chief justice 1756-1788. Cholmondeley and Falmouth werelieutenant-generals. Nugent and Ellis were vice-treasurers for Irelandand members of Parliament. All these commissioners were privycouncillors, all were politicians, none but Mansfield was a lawyer, though the wide range of Granville's learning embraced a considerableknowledge of the law. ]

Extracted from the Registry of his Majestys high Courtof Appeals for Prizes. 

_Friday_ the Nineteenth day of December in the year of our Lord onethousand seven hundred and sixty, before the Right Honourable JohnEarl Granville, Lord President of his Majesty's Most Honourable PrivyCouncil, George Earl Cholmondeley, Thomas Earl of Kinnoul, Chancellorof the Dutchy of Lancaster, Hugh Viscount Falmouth, John Lord Berkelyof Stratton, Samuel Lord Sandys, William Lord Mansfield, Lord ChiefJustice of his Majesty's Court of Kings Bench, Robert Neugent Esquireand Wellbore Ellis Esquire, Commissioners (among others) of hisMajesty's most Honourable Privy Council for the Receiving, Hearing andDetermining of all Causes of appeals as to Prizes, in the PrivyCouncil Chamber at White hall in the Presence of Nathanuel Bishop, Notary Publick, Deputy Register of the said Court. 

_La Virgin del Rosario y el Santo Christo de Buen Viage_Philip Y Banes Mr. 

A Business of Appeal and Complaint of }Nullity promoted by Philip Y Banes Master } For Sentenceof the Spanish Ship _La Virgin del Rosario_ } on the Second_Y el Santo Christo de Buen Viage_ } Assignationagainst Richard Haddon Commander of } and Informations. The Schooner _Peggy_ }

Their Lordships having heard the Proofs and Council on Both Sidesdeclared that it Appears to their Lordships that upon the Case laidbefore the Judge below by the Respondent himself the Capture of theEffects in Question ought to have been deemed Piratical, that theRespondent ought to have been prosecuted for the same and the EffectsSecured and that the Proceedings were Irregular and Illegal and theSentence of Condemnation of the Thirty first March 1757 Appeald fromUnjust and Warranted by no Collour of Proof. Therefore their LordshipsBy their Final Decree or Sentence Reversed the same and Decreed theTen Doubleoons, five thousand seven hundred and sixty four Dollars, one hundred and five Pistreens, one Bracelet, Twenty Gold Rings, theSilver Buckles and Small Silver, Six Swivel Guns and Shott, one Caskof Powder and Cutlasses and one Bag of Indigo to be Restored or theValue thereof to be paid to the Claimant, and Condemned the Captor inCosts and Damages and their Lordships are of opinion that the Governorof New York ought to cause the Bond given by the Captain of thePrivateer to be put in Suite and apply the Penalty for the Benefit ofthe Claimant. 

GODF'Y LEE FARRAND, Register of his Majesty's high Court of Appeals for Prizes. 

_196. Appeal of Miller and Simpson. July 7, 1761. _[1]

[Footnote 1: For Miller, see doc. No. 186, note 3; for Simpson, doc. No. 187, note 3. The Lords Commissioners for Appeals, in pronouncingthe decree just preceding, evidently considered that the whole matterwas before them; but Judge Morris, July 4, 26, 1761, declared that thesentence reversed by them was solely that of Mar. 31, 1757, condemningas prize the goods brought by Haddon, and that their decree was noreversal of the sentence of Feb. 10, 1759. ]

Thomas Miller and {Sampson Simpson { New York Court of Vice _ad's_ { Admiralty. The King {

Whereas you the Honorable Lewis Morris, Esqr. , Commissary and Judge ofthe Court of Vice Admiralty for the Province of New York, did latelypronounce your Decree against us in the above Cause, whereupon we byour advocate or Counsel did pray Leave to appeal therefrom and to haveTime to perfect the same, We do accordingly hereby protest against thesaid Decree or Sentence against us and appeal therefrom to theCommissioners appointed or to be appointed under the Great Seal ofGreat Britain for receiving, hearing and Determining of appeals inCauses of Prizes; and we offer to do every Thing the Law requires thatwe may have the full Benefit of the said appeal and do for thatpurpose pray that the Apostells[2] may be delivered to us in due Timethis 7 July 1761. 

[Footnote 2: The apostles were a set of documents in the case, made upas a record for the use of the higher court. ]

THOMAS MILLER. SAMPSON SIMPSON. 

WM. SMITH Junr, Advocate for the Defendant. 

THE _DAGEROED_. 

_197. Bill of Health. November 9, 1757. _[1]

[Footnote 1: From the files of the New York vice-admiralty court, incustody of the United States district court, in the federal building. ]

Omnibus hasce literas inspecturis significamus nos, Consules etRectores Civitatis Roterodamensis Comitatus Hollandiae, declaramusqueveritatis certi Petrum Lagerboom, Civem Amstellodamensem magistrumhujusce navis nominatae _Dageroed_, certi oneris, vulgò lasten, circiter Centum et quinquaginta capacis, merces suas, quibus oneratanavis est, ei in hoc oppido imposuisse, uti easdem vento secundo InIndos occidentales deveheret, quemadmodum idem magister, nec nonpraedictae navis exercitores nobis indicârunt, petentes à nobislibellum dimissionis et literas assertorias, quibus exteri certireddantur, hanc Civitatem nec Peste, nec ullo alio morbo contagioso, infestari. Enimverò cum officii nostri sit civium nostrorum commodisnon deesse, et veritati testimonium perhibere, praescertim iis idexpetentibus, omnes, ad quorum curam haec res pertinebit, certosfacimus, nec Peste, nec ullo alio morbo venenoso, Dei Opt: Max:beneficio, hanc Civitatem infectum esse: proindeque rogatos volumus, uti magistro huic una cum navi, sociis navalibus, et mercibus liberumconcedant commeatum et facultatem largiantur, mercaturam liberè terramarique exercendi, prohibeantque ne ulla ei in eo remora objiciatur;quin potius uti adjumento sint, commodo ejus id flagitante; quo nos adreddenda eadem officia devincent arctè obstringentque: In quorum fidemhasce literas sigillo nostro, quò publice ad causas utimur, muniri, etmanu ejus, qui nobis est à Secretis, signari voluimus nono die mensisNovembris anni partae Salutis millesimi septingentesimi quinquagesimiSeptimi stylo novo. 

J. BJELLE. 

_Translation. _

To all who shall examine these letters, we, the burgomasters andschepens of the city of Rotterdam in the county of Holland, signifyand declare, of certain truth, that Peter Lagerboom, citizen ofAmsterdam, master of this ship called the _Dageroed_, of about 150lasts burden, [2] has loaded his wares, with which the ship isfreighted, upon her in this town, in order to transport them, with afavorable wind, to the West Indies, as the said master and theofficers of the said ship have declared to us, asking from us alet-pass and clearance, by which foreigners may be assured that thiscity is not infested by a plague or any other contagious disease. Since certainly it is a part of our official duty to meet the needs ofour citizens and to offer testimony to the truth, especially for thosewho ask it of us, we assure all those to whose care this matterbelongs, that through the goodness of God Almighty this city is notinfected with the plague or any other deadly disease; and accordinglywe desire that those who are requested should accord to this master, together with his ship, his shipmates and goods, free transit and theopportunity to carry on traffic freely by land and sea, and shouldprohibit that any hindrance should be offered to him in this matter, nay rather that they should aid him, when his needs require it;whereby they will lay us under strict obligations to render to themthe same good offices. In testimony whereof we have caused theseletters to be provided with our seal which we use publicly forbusiness, [3] and signed by the hand of our secretary, on the ninth dayof November in the Year of Salvation 1757, new style. 

J. BJELLE. 

[Footnote 2: The last was about two tons. ]

[Footnote 3: In Continental practice, a municipal corporation usuallyhad, besides its great seal used for the more solemn public documents, a lesser seal, called the _sigillum ad causas_, used for minor publicdocuments or for private papers authenticated by public authority. This paper bears a seal having the legend "Sigillum ad causas oppidiRotterodami", encircling an impression of a castle with portcullis, standing on a shore, with a swan swimming in front of the gate. ]

 * * * * *

_198. News of Privateers. May 19, 1757. _[1]

[Footnote 1: From the _Boston News-Letter_ of May 19, 1757. ]

By a Master of a Vessel lately arrived from Hispaniola, we areinform'd, that on the 13th of April there lay at Port of Prince[2] aBrig of about 120 Tons, mounting 14 Carriage Guns, and 200 Men, also aSloop about 70 Tons, 8 Carriage Guns and 100 Men, both intended inConsort (as it was there said) for the Coast of New-York andthereabouts. The Brig is Rhode-Island built, black sides, with a whiteBottom, the Sloop is painted very gay, as with red, yellow, black andgreen. He heard likewise that at another Port in the said Island, there was fitting out a Snow (which had been lately a Packet takenfrom the English) to mount 16 Carriage Guns, and to be commanded byone Palanqui (a very noted Commander) to come on the same Coast. 

[Footnote 2: Port au Prince, on the west coast, the present capital ofHaiti. ]

We hear from Bristol, in Rhode-Island Government, that Capt. Mark-Anthony De Wolfe[3] in a Privateer Sloop of 50 Tuns, with 40Hands and 6 Guns, belonging to Warren, sail'd from thence the 24th ofApril, and put into Newport, from whence she sail'd three Days after;and on the 4th of this Instant May, to the Northward of Bermudas, tooka French Snow of 150 Tons, with 18 Men, who made but littleResistance, having but 2 Guns, and no one killed or wounded on eitherside: The Privateer return'd with her Prize to Bristol the 15th, having finished this Cruize in 3 Weeks to an Hour. The Cargo of theSnow consists of 200 Hogsheads of Sugar, a Quantity of Coffee, Indigo, Elephants-Teeth, Logwood, etc. And was bound from St. Domingo forOld-France. 

[Footnote 3: He was brother-in-law of Captain Simeon Potter, andsailed with him, as clerk, on the _Prince Charles of Lorraine_ (seedocs. Nos. 176, 177) in 1745. His son, James De Wolf, United Statessenator 1821-1825, was one of the most successful of owners ofprivateers; one of his vessels, the _Yankee_, captured or destroyedfive million dollars' worth of British property during the war of1812. Munro, _Tales of an Old Sea Port_, pp. 214-223. ]

Yesterday the Privateer Ship _Hertford_, commanded by Capt. ThomasLewis, lately fitted out from this Place, brought into our Harbour avaluable French Prize, a Ship of about 240 Tuns, which he took aboutthree Weeks ago, to the Southward of Bermudas in Lat. 29: She wasbound from Porto Prince in Hispaniola to old France; her Cargo is saidto consist of 400 Hogsheads of Sugar, and a considerable Quantity ofIndigo, Cotton-Wool, Hides, etc. Valued at about 9000£ Sterling. Shesail'd out with 4 other Vessels bound also to France, and had partedfrom her a Day or Two before she was taken: One of which is the Prizecarried into Bristol as beforementioned; and another of them is saidto be the trading Sloop that was seized at Rhode-Island last Week. Twoother Vessels, they say, sail'd the Day before them for Cape-Breton. 

Several French Letters found on board this Prize confirm the Arrivalof the Squadron mentioned in our last, commanded by MonsieurBeaufremont;[4] and that he had sent out two Frigates to clear theCoast of our Privateers; but that the English Squadron approaching, they ran into Porto Paix, [5] and informed the French Admiral thereof;who thereupon put to Sea, and a great Number of Cannon were heard forseveral Hours; so that we may expect to hear of some smart Engagement. 

[Footnote 4: The Chevalier de Bauffremont, prince de Listenois, _chefd'escadre_ in the French navy and later vice-admiral, had sailed fromBrest at the end of January, with a squadron of six vessels, for St. Domingo, capturing the _Greenwich_, 50, on his way. From the WestIndies he sailed for Louisbourg, where he arrived May 23. Lacour-Gayet, _La Marine Militaire de la France sous Louis XV. _, pp. 383, 495. ]

[Footnote 5: Port au Paix, on the north coast of Haiti. ]

_199. Letter of William Smith, jr. April 8, 1757. _[1]

[Footnote 1: London, Public Record Office, Admiralty, 1:3882. ]

NEW YORK 8 April 1757. 

_Sir_, On the 6th Instant, a French Snow[2] laden with Sugar[3] and Indigo, to a very considerable Value, was brought into this Port, by twoEnglish Merchant men, who captivated her on the High Seas in Marchlast, tho they had neither Letters of Marque nor other Commission. 

[Footnote 2: _Le Bon Rencontre. _ The case was a curious one (notes ofJudge Hough, from the papers relating to it in the files of the NewYork vice-admiralty court). On March 22, 1757, this French snow of 160tons, while on a trading voyage from Port Louis in Guadeloupe toBordeaux, was captured off Bermuda by the English ship _Maxwell_, Etherington master, and the New York sloop _St. Stephen_, Thomas, whosent her with an English crew to New York; but neither of them had anyletters of marque, or commission authorizing them to take prizes. Thesnow was brought to anchor inside Sandy Hook. Early in the morning ofApril 6, John Crew, captain of the New York privateer _Fox_, cameaboard from a small boat with a few men, and took possession. Later, the snow was taken over by the _Sutherland_ man-of-war. Thus, the _BonRencontre_ was without doubt a captured enemy vessel, but the captorshad not been authorized privateers, and the authorized privateer andthe king's ship had not made the capture. Under these circumstancesthe admiralty judge, Lewis Morris, ordered the marshal to take custodyof the snow, and appointed Benjamin Nicoll and William Smith, jr. , thewriter of this letter (see doc. No. 188, note 13), to be advocates forthe Lords of the Admiralty, whose interests seemed to him to beinvolved. Thus there were four parties claiming--the original captors, Crew, the King, and the Admiralty. April 7 the snow was libelled onbehalf of the Admiralty. Later, Etherington withdrew and Crew's claimwas ruled out, but as between the King and the Admiralty Judge LewisMorris gave no decision before his death in 1762. His successor, JudgeRichard Morris, gave judgment Aug. 10, 1764, but it has not beenpreserved. ]

[Footnote 3: 200 hogsheads, says the _New York Gazette_ of Apr. 11;the _Gazette_ of June 27, by the way, enumerates 23 privateers then inNew York harbor. ]

After her Arrival in Port, she was seized first by a Privateer, andthen by the _Southerland_ Man of War, who both claim her as theirProperty respectively. 

Colonel Morris, the Judge of the Vice-Admiralty, apprehending that theLords of the Admiralty might be interested, issued a Warrant, by whichthe Snow was taken into the Custody of the Marshal of that Court; andas their Lordships have as yet appointed neither Proctor nor Advocatein this, and the Colonies of Connecticut and New Jersey, his Honourthe Commissary was pleased on this Occasion to assign Council (as youwill perceive by the inclosed) to examine into the Affair, andprosecute on their Lordships Behalf. 

We have accordingly interposed a Libel for that Purpose, and let mebeg the Favour of you, to wait upon their Lordships, for an authenticCopy of their Patent, and such Information, as may be thought properto be transmitted. 

Whether their Lordships, in Case of a Sentence in their Favour, willbe pleased to consider the Captors, or chuse rather to reserve thePrize to themselves, I conceive it will be necessary, that a properPower be sent over; of which you will be so good as to put theirLordships in Mind; and whatever Directions and Papers are given intoyour Hands, please to forward them with the utmost Dispatch to, Sir, Your most obedient humble Servant

WM. SMITH Junior. 

Captain Morris, [_Endorsed:_] By the _Leicester_ Packet: To Staats L. Morris, Esquire, London. [4]

[Footnote 4: Staats Long Morris, son of the judge and brother of the"signer" Lewis Morris, was at this time a captain in the British army, later married the Dowager Duchess of Gordon, and died a Britishgeneral. ]

_200. Letter of Stephen Hopkins. January 15, 1757. _[1]

[Footnote 1: Public Record Office, Admiralty, 1:3819. The writer, Stephen Hopkins (1707-1785), celebrated as a governor of Rhode Island(1755-1757, 1758-1762, 1763-1765, 1767-1768) and a signer of theDeclaration of Independence, was at this time governor. The letter isa duplicate bearing an original signature. It was addressed to RichardPartridge, agent in London for the colony from 1715 to 1759. He dyingMarch 5, 1759, receipt of this letter is acknowledged by his executor, Joseph Sherwood, May 11; letter in Miss Kimball's _Correspondence ofthe Colonial Governors of Rhode Island_, II. 289. Sherwood, appointedagent as Partridge's successor, pursued the general assembly'srequest, but apparently without success, the Lords of the Admiraltythinking it unnecessary to appoint a register and marshal in RhodeIsland, when there were already such officers in Massachusetts;_ibid. _, II. 289, 293, 298, 304, 306. ]

RHODE ISLAND January 15, 1759. 

_Sir_, You may remember that near a Year ago I wrote you by Order of theGeneral Assembly to endeavor to procure a Judge of the Court of ViceAdmiralty to be appointed within and for this Colony. [2] And as youvery soon finished that Affair successfully, a Judge being appointedand commissioned, so he hath been accordingly sworn into his Office. Notwithstanding this being so far done, yet there appears to be aDeficiency of the Officers of that Court, as no Register or Marshalhave been appointed. It is true there hath commonly been a DeputyRegister in this Colony appointed by a Principal living in Boston at agreat Distance from the Colony, and within another Jurisdiction, whichseems incompatible, and it is solely at his Option, whether he willappoint a Deputy to attend in this Colony or not, the Inconvenience ofwhich is obvious at the first View: And it doth not appear that anyCommission hath been given for a Marshal of the Court of ViceAdmiralty in this Colony since one Mr. Gibbs was appointed to thatOffice who hath been dead many years. [3]

[Footnote 2: By vote of the assembly, _R. I. Col. Rec. _, VI. 107, passed at the October session of 1757, Stephen Hopkins was instructedto write to London requesting the appointment of a vice-admiraltyjudge especially for Rhode Island, and recommending Col. John Andrewsto be the person. He wrote to Partridge, who on May 13, 1758, acknowledges receipt of the letter, Kimball, _Corr. Govs. R. I. _, II. 273, and on May 24 announces his success, _ibid. _, II. 275, where alsois printed the warrant of the Lords of the Admiralty to Sir ThomasSalusbury, judge of the High Court of Admiralty, to issue a commissionto Andrews. Thus Rhode Island was taken out of the jurisdiction ofChambers Russell, vice-admiralty judge at Boston, who is commonly saidto have been judge for all southern New England from 1750 to 1767. Andrews remained judge till the Revolution. ]

[Footnote 3: George Gibbs, appointed marshal about 1743, _ibid. _, I. 244. ]

The General Assembly, sensible of the great Inconveniences andMischiefs likely to attend the Want of those Officers, as you will seeby their Vote accompanying this Letter, have directed me in theirBehalf to desire you immediately to make proper Application to theLords of the Admiralty, and use your utmost Endeavours to obtain aRegister and Marshal of the Court of Vice Admiralty to be appointedand commissioned for this Colony. [4] You will also perceive by theaforesaid Vote of the General Assembly that they desire the Office ofRegister may be obtained for Mr. Thomas Vernon, [5] and that of Marshalfor Mr. William Mumford, [6] who have been the acting Persons in thosetwo Offices in this Colony for near Twenty Years past, and have eachin their several Duties of Office conducted themselves unblameably, and in all other Respects maintained unblemished Characters. 

[Footnote 4: Vote in _R. I. Col. Rec. _, VI. 174. ]

[Footnote 5: Postmaster of Newport. His diary during his banishmentthence as a Tory in 1776 has been printed in _R. I. Hist. Tracts_, XIII. (Providence, 1881). ]

[Footnote 6: Captain of Fort George, Newport. ]

I am certain it must be needless for me to say any Thing further ofthis Matter, since you will have the General Assembly's Orderconcerning it, which must have infinitely Greater Weight in urging youto prosecute this Affair, with Zeal and Dispatch, than any Thing Icould say. 

In Behalf of the Colony and for myself, with great Regards I subscribe

Your faithful Friend, andthe Colony's Obedient Servant

STEP: HOPKINS. 

_201. Notes on Commissions for Trying Pirates. March 10, 1762, August26, 1772. _[1]

[Footnote 1: Public Record Office, Admiralty, 1:3679. The note ofMarch 10, 1762, and the list of commissions, were enclosures in thenote of Aug. 26, 1772. The writer, Samuel Seddon, was solicitor to theAdmiralty. John Clevland, to whom the earlier letter was addressed, was secretary to that body from 1751 to 1763; Philip Stephens, from1763 to 1795. For these commissions to try pirates, see doc. No. 51, note 2, and doc. No. 106, note 1. The death of George II. And theaccession of George III. , 1760, made necessary the issue of newcommissions. The persons included in the commission were, in eachcase, the governor, the vice-admiral, flag-officers, andcommander-in-chief of any squadron within the admiralty jurisdictionof the colony, its lieutenant-governor and council, the chief civiljudge, the judge of the vice-admiralty, the captains and commanders ofroyal ships within the jurisdiction, the secretary of the colony, thesurveyor general of customs, and the collector of plantation duties. _Acts of the Privy Council, Colonial_, IV. 485-487; John Adams, _Works_, IX. 628. ]

_Sir_, I take the Liberty to acquaint you, that in Obedience to theDirections of my Lords Commissioners of the Admiralty, signified byyour Letter of the 30th December last, I have solicited the passing ofseveral Commissions through the proper Offices, for Trying Pirates atthe following Places, Vizt. 

 { At Jamaica, By the _Danae_ { Barbadoes, { The Leeward Islands. 

 { The Bahama Islands, { South Carolina and Georgia, By the _Gosport_ { North Carolina, Maryland, and Virginia, { New York, New Jersey, { Pensilvania and Connecticut. 

 } Massachusets Bay, By the _Launceston_ } Nova Scotia, } Newfoundland, andBy the _Gosport_ Bermuda Islands. 

And I herewith send you the Said Commissions, being Eleven in Number, which have been passed under the Seal of the High Court of Admiralty, and are all dated the 14th day of January last. 

I am

Sir

Your most humble and most obedient Servant, SAM'L SEDDON. 

PICCADILLY10th March 1762. Honourable John Cleveland Esquire

_Sir_, In Obedience to the Directions of my Lords Commissioners of theAdmiralty signified to me in your Letters of the 24th instant, That Ishould let you know what Commissions for the Trials of Pirates inAmerica, I have passed through the several Offices, in Consequence ofMr Cleveland's Letter of the 1st February 1762, and the Time when, andby what Conveyances I sent them to the respective Colonies: And also, whether any Commission has been passed in His present Majesty's Reignfor Trying Pirates at Rhode Island; I take the Liberty to acquaint youfor their Lordships Information, that in Obedience to an AdmiraltyOrder signified to me in a Letter from the late Mr. SecretaryCleveland dated the 30th day of December 1761, I solicited the Passingof Eleven Commissions for trying of Pirates at _Rhode Island_, andother Places in America, all which were dated the 14th of January 1762as appears by the enclosed Extract, taken from the Entries thereofmade in the Register's Office at Doctors Commons; And I further takethe Liberty to acquaint you, that on the 10th day of March 1762, Isent the said Eleven Commissions to Mr. Cleveland; as appears by theenclosed Copy of my Report to their Lordships of that Date

I am

Sir

Your most humble and most obedient Servant, SAM'L SEDDON. 

PICCADILLY26th August 1772. 

Philip Stephens Esquire. 

Extract of Commissions for Trying Pirates in America. 14th January1762. [2]

[Footnote 2: The figures refer to pages in the appropriate volume ofthe registers of the High Court of Admiralty. ]

 } Commission for trying such }North Carolina } Pirates as shall be taken and }Maryland, and } carryed into His Majesty's } 169Virginia } Provinces of North Carolina, } } Maryland and Virginia. }

 } Commission for Trying such }Bahama } Pirates as shall be taken and } 176Islands } carried into His Majesty's Bahama } } Islands. Dated the same Day. }

 } Commission for Trying such } } Pirates as shall be taken and carried }Bermuda } into His Majesty's Bermuda } 180Islands } Islands. Of the same Date. }

 } Commission for Trying such }Island of } Pirates as shall be taken and carried }Newfoundland } into His Majesty's Island } 184 } of Newfoundland. Of the same } } Date. }

 } Commission of the same Date, }Province of } for Trying such Pirates as shall }Nova Scotia } be taken and carried into His } 187 } Majesty's Province of Nova } } Scotia. }

 } Commission of the same Date, }Island of } for Trying such Pirates as shall } 191Barbadoes } be taken and carried into His } } Majesty's Island of Barbadoes. }

 } Commission of the same Date, }New York } for Trying such Pirates as shall }New Jersey } be taken and carried into His } 195Pensylvania } Majesty's Provinces of New }and Connecticut } York, New Jersey, Pensylvania, } } and Colony of Connecticut. }

 } Commission of the same Date, }Leeward } for Trying such Pirates, as shall } 200Islands } be taken and carried into His } } Majesty's Leeward Islands. }

 } Commission of the same Date, }Island of } for Trying such Pirates, as shall } 205Jamaica } be taken and carried into His } } Majesty's Island of Jamaica. }

 } Commission of the same Date, }Provinces of } for Trying such Pirates, as shall }South Carolina } be taken, and carried into His } 209and Georgia } Majesty's Provinces of South } } Carolina and Georgia. }

 } Commission of the same Date, }Massachusetts } for Trying such Pirates, as shall }Bay, New } be taken, and carried into His }Hampshire } Majesty's Provinces of the } 214and Rhode } Massachusetts Bay and New }Island } Hampshire, and Colony of Rhode } } Island. }

_Sir_, The _Danae_ sailed 6th May 1762 for Jamaica and Leeward Islands. 

 _Gosport_ 7 April 1762 for Virginia and Maryland. 

 _Launceston_ 7 April 1762 New England. 

but cannot find out how the Pacquets to Nova Scotia and Newfoundlandwere conveyed. 

_202. Articles of Agreement; the Mars. June 23, 1762. _[1]

[Footnote 1: Printed broadside, 20 by 16 inches, preserved among thepapers of the New York vice-admiralty court, no. 85 in the "largebook". It bears near the heading a picture of two vessels, with thelegend, "Success to the Brigantine _Mars_. " With these elaboratearticles of agreement may be compared the articles of agreement, substantially similar, of the Rhode Island privateer _Defiance_, 1756, in the _Newport Historical Magazine_, II. 198-204, or those of the_General Washington_ and the _Belisarius_, 1781, presented infacsimile in the _N. Y. Geneal. And Biog. Record_, LIII. 349-351. ]

_New-York, June 25, 1762. Articles of Agreement Made and Agreed upon, Between Capt. Dennis M'Gillycuddy, [2] Commander of the PrivateerBrigantine, call'd, the Mars, and Company. (Printed by H. Gaine, inHanover-Square. )[3]_

[Footnote 2: The _Mars_ came in on Apr. 21 from a previous cruise, under the same captain. _New York Mercury_, Apr. 26, 1762. May 22, thevice-admiralty court pronounced a decree in a suit brought by hercommander, as libellant, against the prize snow _Johnson_. July 2, wefind him, as owner of the _Mars_, 16 guns, petitioning for a freshcommission as commander of her. _Cal. Hist. MSS. N. Y. _, II. 732, 734. "On Monday last [July 5] sailed from the Hook, on a Cruize against hisMajesty's Enemies, the Privateer Brig _Mars_, Capt. McGillycuddy";_Mercury_, July 12. The issues of Oct. 18 and Nov. 29 show that shemade many prizes, but lost her captain. ]

[Footnote 3: Hugh Gaine, the celebrated printer of the _New YorkMercury_, had his shop at the Bible and Crown in Hanover Square from1757 to 1800. _Journals of Hugh Gaine_, ed. Paul L. Ford, I. 8, 9. ]

_Imprimis_, That the said Dennis McGillycuddy, for himself, and inBehalf of the Owners of the Privateer, shall put on board the saidBrigantine a sufficient Number of Great Guns, Small Arms, Powder, Shot, and all other necessary warlike Stores and Ammunition; as also, suitable Provisions sufficient for the said Brigantine, during thewhole Cruize; which Cruize is to be understood to be from the time ofthe said Brigantine's sailing from the Port of New York, until theTime of her returning thither again, for which there shall be noDeduction made out of the said Company's Shares: And in Considerationthereof, the Owner of the said Brigantine or his substitutes, shallhave and receive _One Half_ of all Prizes, Goods, Wares, Merchandizes, Monies, Effects, etc. That shall be taken during this Cruize; theother _Half_ shall be divided, and paid to the said Brigantine'sCompany, by the Captain aforesaid, according to the Rules hereafterstated. 

II. That the Captain shall have and receive, for himself, _Six FullShares_, and shall be granted all Privileges and Freedoms which havebeen granted any Captains of Privateers: That the Lieutenants andMaster, shall each of them have _Three Full Shares_, That theCaptain's Clerk, Mates, Steward, Prize-Master, Gunner, Boatswain, Carpenter, and Cooper, shall each of them have and receive, _Two FullShares_. That the Gunner's Mate, Boatswain's Mate, Doctor's Mate, Carpenter's Mate, and Cooper's Mate, shall each of them have andreceive _One Share and a Half_. 

III. That the doctor of the said Privateer, or whoever is at theExpence of the Chest of Medicines, shall have and receive the Sum of---- Pounds, if well furnished. Also the doctor shall have and receivefor himself _Three Full Shares_, as also all Medicines and Instrumentsbelonging to any Doctor that shall be taken. 

IV. That if any Person spies a Sail, and she proves to be a Prizeworth One Hundred Pieces of Eight a Share, he shall receive FortyPieces of Eight at Six Shillings. And the first Man who enters onboarding a Prize in an engagement, and strikes her Colours, shallreceive Half a Share for his Bravery. 

V. That all the rest of the said Brigantine's Company, such as shallbe deemed able and sufficient Seamen, shall each of them have andreceive _One Full Share_, out of the Effects, Plunder and Prizes, thatshall or may be taken by the said Brigantine during the Cruize, Provided, They are not found guilty of the Faults or Crimes hereafternamed. 

VI. That as to the Proceedings of the Vessel, and undertaking anyEnterprize at Sea, or on Shore, and into what Port any Prize shall beCarried that shall be taken during the Cruize, shall be left entirelyto the Captain's Election. 

VII. That whoever of the Company shall breed a Mutiny or Disturbance, or strike his Fellow, or shall Game with Cards or Dice for Money, orany Thing of Value, or shall sell any strong Liquors on board, duringthe Voyage, he or they shall be fined as the Captain and Officersshall direct. And if any of the Company be found pilfering orstealing any Money or Goods of what kind soever, belonging to the saidPrivateer or Company, he or they shall forfeit his or their Share orShares of the Prize-Money or Effects then and afterwards taken by thesaid Brigantine, during the whole Cruize, to the Owner and Company. 

VIII. That if any of the Company in an Engagement with the Enemy, orin the true Service of the Cruize, shall lose a Leg or an Arm, or beso disabled as to be deprived of the Use of either; every such Personshall be allowed out of the effects or Prize first taken, (before anyDivision be made) the Sum of _Six Hundred Pieces of Eight_, at SixShillings; or the Value thereof in Goods, at the Price according topublic Sale: But if there be not so much taken at that Time, thevessel and Company shall keep out till they have enough for thatPurpose; Provided no extraordinary Accident happens. 

IX. That all the small Plunder, shall be brought to publick Sale, andbe delivered to the highest Bidder, for which their Shares shall beaccountable, excepting the Captain's Perquisites, which are such asdid belong to the Captains of Prizes, and such Clothing as the Captainshall think proper to allow the Prisoners. 

X. That if any Person belonging to the said Brigantine, be killed inan Engagement, or die on board, his Share or Shares, of all Prizestaken in his Life-Time, shall be paid to his Executors, if soappointed by Will; but if no Will be made, then his Part of what wasgot as aforesaid shall go to his Widow, or Heirs at Law, if claim'd inTwelve Months, from the Time of the said Brigantine's Arrival into hercommission'd Port; and on Failure thereof, said Share or Shares shallbe and belong to the general Interest of the Whole. 

XI. That if any of the Company do disannul any of the OfficersCommands for the Good of the Cruize, or the general Interest, he orthey shall be fined and punished as the Captain and Officers shalldirect. And if any of the Company do Assault, Strike or Insult anyMale Prisoner, or behave rudely or indecently to any Female Prisoner, he or they shall be punished as the Captain and Officers shalldirect. And if any of the Company begin an Attack, either by firing aGun, or using any Instrument of War, before Orders be given, by theproper Officers, he or they shall be punished; but if any of the saidCompany do refuse to make an Attack on the Enemy, either at Sea orLand, at the Command and in the Manner ordered by the Captain andproper Officers, or do behave with Cowardice in any Engagement, he orthem shall forfeit his or their Share or Shares for such Refusal orCowardice; and if any of the Company get drunk, or use blasphemous andprophane Words, they shall be punished as the Captain and Officersshall direct: And likewise if any of the Company do desert the saidSchooner before her Return to New-York, he or they shall forfeit theirwhole Shares to the Owner and Company, first paying such Brigantine'sDebts as are contracted by the Captain's Knowledge. 

XII. That at the Division of any Money or Effects taken this Cruize, ---- Dead Shares shall be deducted out of the Whole, which shall bedivided by the ---- amongst the most Deserving and them that does mostfor the benefit of the Cruize. 

XIII. That any Prize or Prizes that shall be taken during the Cruize, shall be with all Speed sent into the Port of New-York, in order thatthe same may be libelled against in the Court of Admiralty forCondemnation, and to no other Place whatsoever, except said Prizeshall be so disabled that she could not proceed to said Port: And anyPerson or Persons which shall be aiding or assisting, or shall givehis or their Consent for sending any Prize or Prizes, into any otherPort but the Harbour of New-York aforesaid, shall forfeit his or theirShare to the Owner and Company; and that no Division shall be madetill they return to the Port of New-York. 

XIV. That in Case any neutral Property, or any Property whatever, betaken and sent into Port, and after Condemnation be had, an Appealshould be entered by the Claimants, then, and in such Case, it shallbe Lawful with the full Consent of the Captain and Company of thesaid Privateer, for the Owner, or his Attorney, to compromise, compound, and settle, by giving up any Sum or Part of the Prize, asshall seem most advisable to him for the general Interest, that theCaptain and Company may receive each and every one of them their justand lawful Right and Prize-Money, and not be kept out of their Moneyuntil the Appeal may be determined in England; and in Case no suchCompromisation can be made, then a certain Sum, shall be lodged out ofthe Prizes before taken, to prosecute the said Appeal: And it shalllikewise be lawful for the Owner or Agent of the said Privateer todischarge any Capture that may be made during his said Cruize, withoutthe formality of a Prosecution, in order that all unnecessary Chargesmay as much as possible be avoided. 

XV. That it shall not be lawful for the said Officers and Company, oreither of them, to demand or sue for the Prize-Money so to become dueto them, or any Part thereof, until fourteen Days after the Sale ofsuch Prize or Prizes, the Settlement of the Accounts relating to thesaid Cruize, and the actual Receipt of the Money by the Agentappointed to manage the Affairs of the said Cruize. 

XVI. That if it should happen, that the said Briganteen, by Means ofany Fight, Attack, or Engagement, be lost, sunk or disabled, so as shemay be thereby rendered unfit for any further Service as a privateVessel of War to cruize; that then, and in such Case, the owner ofsaid Brigantine, shall be entitled to take to himself, and for his ownsole Use and Property, any Ship or Vessel taken during the Cruize, with her Guns, Tackle, Furniture, Ammunition and Apparel, notexceeding the Value of the Brigantine at the Time of her Sailing;which Ship or Vessel so taken shall be to the Owner in Lieu of thesaid Brigantine. 

XVII. That in Case of the Death of the Commander, the next in Placeshall strictly observe and comply with the Rules, Orders, Restrictionsand Agreements, between the owner of the said Brigantine and the saidCommander. 

God Save the King, and Success to the _Mars_, and all her brave Crew. 

_203. Certificate of a Negro's Freedom. June 26, 1762. _[1]

[Footnote 1: From the papers of the New York vice-admiralty court, book III. The document is not signed, but a translation written on theback of it is signed Lagardien, to which is added a note: "Mons. Lagardien is a Gentleman of an Estate near the Cape [_i. E. _, CapFrançois] in St. Domingo and came hither for his Health about thelatter End of Octob. Last". July 24, the provincial council gives apass to "Mons. De Laugardiere" to proceed to Bristol, England, in thesnow _Belle Sauvage_. _Cal. Hist. MSS. N. Y. _, II. 734. Judge Houghinforms me that, negroes found on captured vessels being often sold asprize, attempts to obtain their freedom, as in the present case, wereoften made, and that these attempts were usually unsuccessful in theearlier period of the court's existence, successful in the later. ]

Je Soussigné Certifie que le negre apellé laville, qui se trouveactuellement prisonnier à la nouvelle York, Est Libre de naissance, Pour l'avoir veu et connu à St. Domingue travailliant de son metier decharpentier, Et si le petit negre qui a Eté pris avec luy est sonneveu comme il l'atteste, il est aussy libre, D'autant plus que lepere et la mere dud. Negre laville sont aussy affranchis, En foy dequoy jay signé le present certificat, que jatteste veritable a lanouvelle York le 26e juin 1762. 

_(Translation)_

The undersigned certifies that the negro called Laville, now prisonerin New York, is free born, having seen him and known him at St. Domingo where he was working at his trade as carpenter, and if thelittle negro captured with him is his nephew as he declares, it isincontestable that he also is free, the more so that the father andmother of the said negro Laville are also freed people. In testimonywhereof I have signed the present certificate, which I attest asauthentic. New York June 26, 1762. 

INDEX

Abaco Keys, 405. 

Abbot, William, 537, 540, 541, 543, 546, 549, 554, 565, 566. 

Abbott, Richard, 196. 

Abd-ul-Ghaffar, 156, 158. 

Abercromby, _Capt. _ (_Gen. _) James, 485, 486, 489, 490. 

Aberdeen, brigantine, 385. 

Abraham, sailor, 315. 

Abreu de Galindo, Juan, _History of the Canary Islands_, 373 n. 

Accomac, Va. , 263. 

Achill, island, 161, 162, 164. 

Acton, _Capt. _ Edward, R. N. , 192. 

_Acts of the Privy Council, Colonial_, 153 n, 273 n, 291 n, 318 n, 469 n, 543 n, 577 n. 

Adams, Henry, quartermaster, 171. 

Adams, John, _Works_, 577 n. 

Addington, Isaac, secretary, 213, 223, 286. 

Addison, James, 400. 

Aden, 194. 

Admiral, Lord High, 312, 355. 

Admiralty, High Court of, 143 n, 271 n, 275 n, 312-313, 348, 349, 351, 353, 378 n, 379, 442 n, 520, 521, 523, 579 n. 

Admiralty, Lords of the, 245, 247, 347 n, 355, 376, 573 n, 575 n, 577, 578. 

Admiralty courts, xi-xiii, 7, 8, 74 n, 141 n, 145, 146, 188, 312-313, 349, 516; Jamaica, 36; New York, 530 n; Rhode Island, 285 n, 318-323, 575-576; Spanish, 478 n; Teneriffe, 478; Virginia, 271; _see also_ Vice-admiralty. 

Admiralty judge, commissions, 321 n, 517-519, 519-523; warrant for commissioning, 187-188. 

_Adventure_, pirate ship, 217 n. 

_Adventure Galley_, Kidd's ship, 190, 197, 198, 204, 205, 210, 212, 213, 214. 

_Adventure Prize_, _see_ _Quedah Merchant_. 

_Advice_, H. M. S. , 192, 250 n. 

Advocates, 439 n. 

African Company, Brandenburg's, 82 n; _see also_ Royal African Company. 

Agadir, 487 n. 

Agreement, articles of, 581-585. 

Agreement, _Revenge_ and _Success_, 463-465. 

Airy, Samuel, 300. 

Albany, negro, 385 n. 

Albany, N. Y. , 277. 

Alcedo, Dionisio de, _Aviso Histórico_, 107. 

Aldred, _Capt. _ John, R. N. , 259, 269, 273, 274. 

Alexander, _Capt. _, 277. 

Alfonso VI. , of Portugal, 27, 28. 

Algiers, Dey of, 360 n. 

Allen, Charles, 107 n. 

Allen, _Capt. _ James, _Revenge_, 450, 451 n, 456, 461, 463, 465, 469. 

Allen, _Capt. _ John, 25, 26. 

Allen, William, 44. 

Allin, Joseph, 495. 

Allison, _Capt. _ James, pirate, 147, 148, 150, 152. 

Allison, _Capt. _ Robert, buccaneer, 85, 89, 90, 92, 93 n. 

Allison, Robert (2), 186. 

Almy, Christopher, 319-320. 

Almy, Edward, 384, 395, 416. 

_America_, 242. 

American Antiquarian Society, _Proceedings_, 219 n; _Transactions_, 315 n. 

American Historical Association, _Annual Reports_, 271 n, 443 n. 

American Jewish Historical Society, _Publications_, 536 n. 

_Amity_, 167, 183. 

Amplitudes, 126. 

Amsterdam, 140, 376; admiralty, 365 n; burgher's oath, 366; _Holy Ghost_ from, 19. 

_Amsterdam Post_, Dumaresq _vs. _, prize case, 356-378, 463 n; sea-letter, 364; let-pass, 365; tonnage certificate, 365. 

Anamabo, 316 n. 

Anchors, 438 n. 

Andersen, Cornelius, 81 n. 

Anderson, Richard, 501. 

Andreas, _Capt. _, Indian, 93. 

Andrew, _Dr. _ John, 446 n, 451, 453, 454, 456; opinion, 447-448. 

Andrews, _Capt. _, 277. 

Andrews, _Col. _ John, admiralty judge, 575 n, 576 n. 

Andros, _Gov. Sir_ Edmund, 145 n, 146, 271 n. 

_Andros Tracts_, 145 n. 

Angola, 166. 

_Angola_, ship, prize, 468. 

Anguilla, Kidd at, 196, 211. 

Anieta, _Capt. _ Philip de, 469. 

Anne, Queen, 275 n, 285 n, 322, 323; act concerning privateers, 347 n; concerning prizes, 442 n; concerning wrecks, 299 n. 

Annobon, island, 166. 

Anson, _Adm. Lord_ (George Anson), 524. 

Antigua, W. I. , 136, 137, 211 n, 245; buccaneers at, 131, 132, 134; vessels from, 392. 

_Antigua_, Kidd's, 219 n. 

Antonio, Gaspar, 236. 

Antonio, Matheas, 537. 

Antonio, Vincente, 487; declaration, 485. 

_Antonio_, Kidd's sloop, _see_ _San Antonio_. 

_Apollo_, prize, retaken, 506-510. 

Apostles, 569 n. 

Apóstolos, islands, 127. 

Appeal, in prize case, 442; bond for, 443-444; account, 453-456. 

Archer, _Capt. _ Allen, 287, 289. 

Archer, John Rose, pirate, 323 n, 328, 329, 331; trial, 338-342; execution, 344 n, 345. 

Archer, John Rose, and others, piracy case, 323-345. 

Arentsen, Hendrick, 9-11, 13, 14. 

Arentsen, Juriaen, pirate, 74 n. 

Arguin, 138 n. 

Arica, 105; buccaneers at, 108, 113-115. 

Armas, Domingo de, declaration, 563-564. 

Armenian merchants, 207, 209 n, 255. 

Arnold, John, 415, 416, 417, 418. 

Arnold, Sion, pirate, 242. 

Articles of agreement, 581-585. 

Aruba, W. I. , 473 n, 475 n, 486, 490. 

Ashfeild, Edward, 266 n. 

Ashley, _Hon. _ Maurice, 286. 

Asset Khan, 158. 

Assistants, Court of, _see_ Massachusetts. 

_Astrea_, case, 442 n. 

Atkinson, Joshua, deposition, 272-273. 

_Atlantic Monthly_, 381 n. 

Auchmuty, Robert, admiralty judge, 356-359, 362, 431, 434; advocate general, 329, 340; decree, 439-442; sentence, 375-378. 

Augustine, French boy, 502. 

Augustine, mulatto, 408, 409, 411, 414, 416. 

Aurangzeb, 155, 233, 235, 240. 

Austin, William, 384, 395, 397, 416. 

Austrian Succession, War of the, 471 n. 

Aux Cayes, Haiti, 472. 

Average, 480 n. 

Avery, James, 384, 394, 397, 406, 416. 

Axe, _Capt. _ Samuel, 4, 6, 7, 8. 

Bab-el-Mandeb, Straits of, 193, 194, 255 n. 

Babson, _History of Gloucester_, 328 n. 

Backer, A. , 365. 

Bacon, Nathaniel, 152 n. 

Bahamas, _Journal of the Assembly_, 405 n, 407 n; _see also_ New Providence. 

Bahama Bank, Great, 434 n, 437. 

Bahama Channel, Old, 434, 437. 

Bahama Straits, Old, 463 n. 

Bail, of privateers, 353-354. 

Baird, Patrick, register, 492. 

Baker, Richard, consul at Madeira, 362 n, 363, 372, 373. 

Baker, Thomas, pirate, trial, 303-306. 

Balboa, 96 n. 

Baldridge, _Capt. _ Adam, 175 n, 197 n; deposition, 180-187. 

Ballad, of Captain Kidd, 253-257. 

Ballard, _Lieut. -Col. _ Thomas, 261. 

Ballinrobe, Ireland, 162, 164. 

Baltic, 141 n. 

Baltimore, Ireland, 369 n. 

_Baltimore_, 272. 

Banes, _see_ Ybañez. 

Bangs, Mary R. , _Old Cape Cod_, 293 n. 

Banker, 255. 

Bant, Edward, 49, 50; petition, 48; declaration, 62-63. 

Baptis, John, pirate, 330, 331; trial, 342-344. 

Barahona, _Don_ Jacinto de, 99. 

Barbacoa River, 107. 

_Barbadoes Merchant_, 262. 

Barbados, 38, 141 n, 149, 190, 378 n; brigantines, 191, 233, 235; buccaneers at, 131, 134, 136, 137; _Holy Ghost_ seized at, 18; pink from, 269; piracy near, 316, 329, 331; _Prince Charles of Lorraine_ at, 513, 514; privateering near, 61, 276; ships of, 183, 185, 295; sloops, 192, 206. 

Barbour, Violet, 1 n. 

_Barca longa_, 89 n. 

Barcelona, 154 n. 

Barclay, _Sir_ George, 161 n. 

Bardsley, _Curiosities of Puritan Nomenclature_, 275 n. 

Barker, James, 384, 394, 397, 416. 

_Barkley, Little_, 47, 49, 62. 

"Barleycorn, John, " 388 n. 

Barlow, "forced man, " 346. 

Barnevelt Islands, 129 n. 

Barns, _Capt. _ Thomas, 499, 500. 

Barracoas, island, 104, 122. 

Barrett, _Capt. _, 411, 426. 

Barros Arana, _Historia Jeneral de Chile_, 114 n. 

Barrow, George, 327, 329, 331. 

Barton, _Capt. _ Richard, 277. 

Bartrum, _Capt. _ William, 277. 

Basse, _Gov. _ Jeremiah, 242. 

Batavia, 157. 

_Batchellor's Delight_, 113 n, 181. 

Bateman, _Viscount_ (John Bateman), 524. 

Batt, John, 206. 

Bauffremont, _Chevalier de_, 573. 

Bayamo, Cuba, 554. 

Bayard, Nicholas, 144. 

Beaufort, _Duke of_ (Henry Somerset), 286. 

Beckford, John, 183, 184. 

Beekman, William, 144. 

Beel, master of sloop, 342. 

Begensous, Solomon, 34. 

Belcher, Andrew, 286. 

Belcher, _Gov. _ Jonathan, 357 n. 

_Belisarius_, privateer, 581 n. 

Bell, Thomas, sheriff, 160. 

Bellamy, _Capt. _ Samuel, pirate, 291 n, 292 n, 293 n, 294, 297, 303-310. 

Belle, Pedro van, 233, 235. 

_Belle Sauvage_, 586 n. 

Bellingham, Richard, 18, 32 n, 33. 

Bellomont, _Gov. Lord_ (Richard Coote), 144 n, 180 n, 187, 188 n, 190 n, 250, 251, 257 n; letters to the Board of Trade, 213-218, 224-232; letter of Gov. Lorents to, 232-236; memorial of Campbell to, 202-205; petition of Sarah Kidd to, 224. 

Benedict, E. C. , _American Admiralty_, 144 n, 321 n, 517 n. 

Bengals, 220 n, 221. 

_Benjamin_, 156, 158. 

Bennett, John, 384, 416; _see also_ Burnett. 

Bennett, N. J. , 387. 

Benson, George, Indian, 385. 

Berkeley of Stratton, _Lord_ (John Berkeley), 567. 

Berkenhead, Thomas, 34, 41. 

Berlengas, islands, 129. 

Bermuda, brigantine of, 191; piracy near, 327; privateer from, 388; privateering near, 537 n; sloops from, 183, 389. 

Bernage, _Gov. _ Bastiaen, 249. 

Berrow, Elizabeth, Irishwoman, 562, 564; declaration, 564-567. 

Betom Lonalt, Francisco, 479. 

Beverley, Peter, 273, 275. 

Beverley, Robert, _History of Virginia_, 260 n. 

Bezoar-stone, 457 n. 

Bideford, Eng. , 267. 

Bilander, 137. 

Bilboa, 140. 

Billingsgate, Cape Cod, 292. 

Billingsly, _Capt. _ Rupert, R. N. , 196. 

Bill of health, 361 n; of health, Rotterdam, 569-571; of lading, 483-484; of sale, 477-479. 

Billopp, C. F. , _Thomas and Ann Billopp Farmer_, 535 n, 538 n. 

Bils, Charles de, Portuguese commission to, 27-28; commission from, 29. 

Bimentel, Saniony, 479. 

Bingham, _Sir_ Henry, 161. 

Bingham, John, 161. 

Bird Island, 345 n. 

Bishop, Nathanuel, notary, 567. 

Bissava, _Capt. Don_ Carlos Francisco de, 509, 510. 

Bist, Jan vander, 246, 247. 

Bjelle, J. , 570, 571. 

Black, William, journal, 477 n, 507 n. 

_Blackamoor_, 37. 

Blackbeard, _see_ Teach, Edward. 

Blackborne, Robert, 155, 165 n. 

Blackledge, Benjamin, piracy case, 147-152; indictment, 152-153. 

Blackman, Francis, deposition, 20-21. 

"Black Sloop, " 399 n. 

Blake, William, doctor, 391, 392, 394, 406, 416, 429. 

Blakiston, _Gov. _ Nathaniel, 199 n, 200 n, 201, 261. 

Blanchard, Benjamin, 384, 385, 395, 397, 416, 417, 419. 

Blanco, Virgin Islands, 294, 310. 

Blas, _Don_, negro, 411. 

Blaspiel, Werner von, 83 n. 

Blawfelt, Albertus, 10 n. 

Blawfelt, _Capt. _ Wyllem Albertsen, privateer, 9-16, 17 n. 

Blewfields Bay, Jamaica, 35, 40. 

Blewfields Bay, Nicaragua, 10 n. 

Bleyth, William, 501. 

Block Island, 217 n, 221, 222, 382, 436. 

_Blue Dove_, prize case, 27-46. 

Bobbington, _Capt. _, 184. 

Boca del Drago, 90. 

Boca del Toro, 90. 

Bodleian Library, Oxford, documents from, xv, 197-200, 259-275. 

Bollan, William, 358. 

Bolter, Benjamin, 501. 

Bolton, Charles, 514. 

Bolton, Henry, 211, 212, 230, 231, 233, 235; information, 245-249. 

Bombay, 154, 194, 195; letters from, 155-159. 

Bomboo, 210 n. 

Bona Vista, Cape Verde, 191, 206. 

Bonds, privateer, 358. 

Bonnovolo, Madagascar, 181. 

_Bon Rencontre, Le_, snow, 573 n. 

Boone, Nicholas, printer, 284. 

Bootman, John, trial, 330-338. 

"Boot-tops, " 392 n. 

Borneo, 217 n. 

Boston, Mass. , jail or prison, 150, 229, 308, 516; ships from, 184, 186. 

Boston, _Memorial History_, 219 n, 226 n, 271 n. 

Boston Admiralty Court, documents from, xv, 347-354, 356-378, 431-444. 

_Boston Gazette_, 345 n. 

_Boston News-Letter_, documents from, 276-284, 313-318, 571-573. 

Boston Record Commissioners, _Reports_, 345 n, 495 n. 

Bourdett, Samuel, 395, 400, 416. 

Bourne, _Sir_ Arthur, 165. 

Bourne, H. R. Fox, _English Merchants_, 468 n. 

Bourryau, Zachariah, 456, 468, 470; and Schaffer, letters to Freebody, 448-450, 451-453. 

Bowles, _Capt. _ Isaac, 37. 

Bowlines, 56. 

Bowls, _Capt. _, 316. 

Bowne, _Capt. _ Obadiah, 506 n, 508, 509. 

Boxford, Mass. , Second Church, 428 n. 

Bradford, William, _History of Plymouth Plantation_, 208 n. 

Bradinham, _Dr. _ Robert, 199. 

Bradish, _Capt. _ Joseph, pirate, 217, 229, 231, 237, 244, 250 n, 315. 

Bradley, Samuel, 211, 218 n. 

Bradock, _Capt. _ Nicholas, 277. 

Bradstreet, _Gov. _ Simon, 18, 138. 

Brails, 56. 

Brailsford, Edward, 287, 289. 

Bramston, _Dr. _ George, report, 275-276. 

Bramston, Sir John, _Autobiography_, 275 n. 

Brandenburg Company, at St. Thomas, 233, 235, 236. 

Brandenburg-Prussia, fleet of, 138-141; privateers and navy, 82, 83; treaty with Denmark, 235 n. 

Brazil, 191, 200, 278 n, 327, 331. 

Breedon, _Capt. _ Thomas, 26, 32 n. 

Brenton, Jahleel, 244. 

Brett, John, of Antigua, 257, 258. 

Brett, _Capt. _ John, 303, 304, 308. 

Bridge, _Rev. _ Thomas, 279 n. 

Bridgeman, William, 188. 

Bridges, Robert, 18. 

Bridgetown, Barbados, 131 n. 

Bridgman, _Capt. _, alias, _see_ Every, _Capt. _ Henry. 

Brigham, A. P. , _Cape Cod_, 293 n. 

Brinley, Francis, 243. 

_Brintania_ (_Britannia_?), prize, 277. 

Bristol, Eng. , galley, 317; ships, 267, 295; snow, 316. 

Bristol, Mass. , and R. I. , 285 n, 510 n, 512, 514 n; privateers, 572. 

Bristol County, Mass. , sheriff, 320 n. 

Bristol stone, 227. 

British Museum, documents from, xv, 3-8, 82-133. 

Bromfield, Edward, 324, 338. 

Brooke, _Lord_ (Robert Greville), 3. 

Brooksby, Edward, 501. 

Broom, Rex _vs. _, 378 n. 

Brother Islands, 383, 385. 

Broughton, Thomas, 287, 289. 

Brown, _Capt. _, 156, 157. 

Brown, David Paul, _The Forum_, 473 n. 

Brown, John, _Apollo_, deposition, 506-508, 509 n. 

Brown, John, pirate, Jamaica, 298; examination, 293-295; trial, 303-306. 

Brown, John, _Revenge_, 384, 395, 397, 416. 

Brown and Burton _vs. _ Franklyn, 378 n. 

Browne, Arthur, _Civil and Admiralty Law_, 454 n. 

Browne, James, 173. 

Browne, Samuel, 324, 338. 

Browne, William, depositions, 30, 35-36. 

Brown University, library, 453 n. 

Bruce, Peter Henry, _Memoirs_, 405 n, 407 n, 415 n, 477 n. 

Bruce, Philip A. , _Institutional History of Virginia_, 259 n. 

Bruman, John, 429. 

Buccaneers, attack on Portobello, 84-92; on the Isthmus, 92-99; at Panama, 99-101; in the South Sea, 101-109; at Coquimbo, 109-111; at Juan Fernandez, 111-113; at Arica, 113-116; northward to Costa Rica, 116-118; on the coast of Costa Rica, 118-122; southward voyage, 122-126; around Patagonia, 126-129; north to Antigua, 129-131; dispersal, 131-133; Sir Henry Morgan and, 133-135; Simon Calderon on, 135-137. 

Buckmaster, Edward, examination, 197-200. 

Buckner, _Maj. _ William, 261. 

Bull, Samuel, 163. 

Bumkins, 116. 

Bumstead, Jeremiah, diary, 329 n, 344 n, 345 n. 

Buntlines, 56. 

Burchett, Josiah, secretary, 312 n. 

Burk, pirate, 244. 

Burke or Burt, William, 212, 231, 233, 235. 

Burley, John, 66. 

Burlington, N. J. , 243 n. 

Burn, Foelix, 383, 384, 386, 394, 416. 

Burn, Flora, 395, 416. 

Burnett, John, 395; _see also_ Bennett. 

Burr, George L. , _Narratives of the Witchcraft Trials_, 234 n. 

Burrell, _Sir_ William, reports, 530 n, 567 n. 

Burrill, John, pirate, 323 n, 326, 328, 329, 340. 

Burt, _Pres. _ William, 195 n, 196. 

Burt, William, _see_ Burke. 

Burton, Brown and, _vs. _ Franklyn, 378 n. 

Butler, Gov. Nathaniel, commission, 1-3; diary, 3-8. 

Button, Samuel, 138 n; deposition, 140-141. 

Byfield, Nathaniel, admiralty judge, 285. 

Byfield, _Rev. _ Richard, 285 n. 

Bynkershoek, Cornelius van, _Quaestiones Juris Publici_, 447 n. 

Cabañas, Cuba, 537 n, 543, 554. 

Cabo Pasado, 122, 135, 136. 

Cade, Bartholomew, 163, 164. 

Cadiz, 503, 505. 

Cagigal de la Vega, _Don_ Francisco, captain-general of Cuba, 547; certificate, 554-555. 

Caicos, 418. 

Cal, _Don_ Gerónimo de la, 537, 539. 

Calabar, Old, 141 n. 

Calamy, Edmund, _Nonconformists' Memorial_, 6 n. 

Calderon, Simon, 124; deposition, 135-137. 

Caledonia, on the Isthmus, 231. 

Calef, Robert, _More Wonders of the Invisible World_, 234 n. 

_Calendar of State Papers, Colonial_, 153 n, 160 n, 165 n, 176 n, 182 n, 190 n, 197 n, 198 n, 199 n, 210 n, 245 n, 249 n, 257 n, 266 n, 277 n, 284 n. 

Calfe, Daniel, 501. 

Calicut, 176, 194, 200. 

Callanach, William, 376. 

_Camelion_, piracy case, 141-144. 

Campbell, David, commissary, 486. 

Campbell, Duncan, 213, 215, 216 n, 219, 225, 227, 276 n; memorial, 202-205. 

Campbell, John, 276 n. 

Campeche, Bay or Gulf of, 14, 16, 147, 562, 564. 

Camper, William, 365. 

Cana, mines of, 96 n. 

Canary Islands, 21-23, 61, 140, 357, 360, 362, 367. 

Canoteur, 472. 

Cape Ann, vessel of, 342. 

Cape Blanco, 106, 107, 124, 125. 

Cape Breton, 496. 

Cape Clear, 368 n. 

Cape Coast Castle, or Cape Corso Castle, 175, 315 n, 316 n, 405 n. 

Cape Cod, wreck of pirates on, 291 n, 292, 293 n, 297-300, 303-306. 

Cape Cod Harbor, 290, 291 n. 

Cape Comorin, 176, 207. 

Cape Corrientes, 294. 

Cape Diu, 168 n, 194. 

Cape François, Haiti, 472, 503, 505, 586 n. 

Cape Frio, 128. 

Cape Haïtien, 472 n; _see also_ Cape François. 

Cape Henry, 270, 272, 295, 308. 

Cape Horn, 128. 

Cape Lopez, 166, 175. 

Cape May, 198 n, 199, 243 n. 

Cape Maysí, 419, 422. 

Cape Negril, 35. 

Cape of Good Hope, 191, 206. 

"Cape Roman, " 426. 

Cape Sable, 334. 

Cape St. John, 168, 194. 

Cape St. Nicholas, 420, 421. 

Cape San Francisco, 104 n. 

Cape Sao Augustinho, 130. 

Cape Sao Thomé, 130. 

Cape Verde Islands, 61, 147, 151, 191. 

_Captain Kid's Farewell to the Seas_, 253-257. 

Carácas, 306. 

_Cara Merchant_, _see_ _Quedah Merchant_. 

Cardozo, Isaac, 30, 31. 

_Caribbeana_, 450 n. 

Carlisle, _Earl of_ (Charles Howard), 84. 

Carlisle Road, Barbados, 20. 

Carney, Patrick, 501. 

Carolina, proprietors, 287 n. 

Carr, _Capt. _, 302. 

Carr, John, 243. 

Cartagena, 86, 140, 386, 387, 419 n, 472, 485 n. 

Carter, _Capt. _ Andrew, 5. 

Carteret, _Lord_ (John Carteret), 286; _see also_ Granville. 

Carthew, _Reports_, 378 n. 

Carwar, 191 n, 193, 194. 

Cary, _Col. _ Miles, 262. 

Cary, _Capt. _ Nathaniel, 232, 234. 

Cary, _Capt. _ Samuel, 314-316. 

Casco Bay, 77. 

Casey, John, 400. 

Cassava, 94. 

Castine, Maine, 74 n. 

Castlehaven, Ireland, 369. 

Castle Hill, R. I. , 382. 

Castle Point, Va. , 265. 

Castletownsend, 369 n. 

Castro, Silvestre Manuel de, 537. 

Cathcart, _Gen. _ Lord (Charles Cathcart), 485 n. 

Cayenne, 169, 199, 511. 

Cayes, _see_ Aux Cayes. 

Cayman Islands, 33, 40. 

Cayo Holandés, 88 n. 

Cayo Romano, 426. 

Cerro Pirre, 96 n. 

_Ceylon_, case, 442 n. 

Chadwel, _Capt. _, 277. 

Chadwell, Benjamin, 328, 333. 

Chalmers, George, _Opinions_, 144 n, 318 n. 

Champion, John, declaration, 64-66. 

Chandernagore, 209 n. 

Charles I. , 1. 

_Charles_, 154, 165, 169, 172-174, 178, 179. 

_Charles_ (2), 182, 183. 

_Charles_, Mass. Privateer, 278 n, 285 n. 

_Charles and Mary_, 178. 

_Charles the Second_, 240 n. 

Charleston, S. C. , Admiralty Court, documents from, xv, 286-290, 517-525. 

Charles Town, Nevis, 249 n. 

Charlotte Amalie, 132 n. 

_Charming Mary_, 183, 184. 

_Charming Peggy_, _see_ _Peggy_. 

Charnock, _Biographia Navalis_, 359 n. 

Charnock, Robert, 161 n. 

Checkley, Thomas, 304. 

Cheesers, William, 249 n. 

Cheesman, Edward, 335-336, 340, 343; trial, 323-330. 

Chester, Eng. , 171. 

Chignecto, N. S. , 74, 76. 

Chinton, Robert, 172. 

Child, Allwin, petition, 72-73. 

Chira, island, 119. 

Chivers, _Capt. _ Richard, pirate, 175, 185, 199, 201. 

Cholmondeley, _Earl_ (George Cholmondeley), 567. 

Choros Bay, 116 n. 

Christian V. , king of Denmark, 236. 

Chucanaque River, 95 n. 

Churcher, John, 182. 

_Churprintz_, 138, 139. 

Cigars, 467 n. 

Civilians, 446 n. 

Claesz, Marcus, deposition, 30-31. 

Clark, _Maj. _, 70. 

Clark, John, Boston, 298. 

Clark, Ralph, 13, 14. 

Clarke, _Lieut. -Gov. _ George, 383. 

Clarke, Thomas ("Whisking Clarke"), 221, 222. 

Clearance, 515; certificate, 370-371. 

Clerke, Francis, _Praxis Curiae Admiralitatis_, 454 n. 

Clevland, John, secretary to the Admiralty, 525, 577 n, 578. 

Clew-garnets, 56. 

Clewlines, 56. 

Cline the Dutchman, 34, 41. 

Clobartexe, John, 41. 

Clough, _Capt. _ Nicholas, 141-144. 

Coats, _Judge_, 183. 

Coats, _Capt. _ Edward, pirate, 177, 182, 187. 

Cobs, 163. 

Cock, _Capt. _ Marcellus, privateer, 138 n, 139, 140. 

Cockets, 263 n. 

Cockpit, Whitehall, 453 n. 

Cockram, Robert, pirate, 142. 

Coddington, _Capt. _ Nathaniel, 241-243. 

Coddington, _Gov. _ William, 72. 

Codrington, _Gov. _ Christopher, 219 n. 

Coen, Adriaen Dircksen, 9-11. 

Coiba, 101. 

Colbert, J. B. , letter of Seignelay to, 82-83. 

Cole, John, Eastham, 298, 304. 

Cole, Jonathan, 300. 

Cole, _Capt. _ Michael, 269; letter, 270. 

Colleton, _Sir_ John, 286. 

Collier, John, 144. 

Collins, light-keeper, 292 n. 

Collins, Christopher, 501. 

Collins, Henry, 411, 414, 426. 

Collins, Joseph, Sr. , 300. 

Colson, Thomas, 384, 389, 395, 397, 416. 

Columbus, Diego, 305 n. 

_Comadressa Blanca_, 136, 137. 

Comberbach, _Reports_, 378 n. 

Combes, John, trial, 330-338. 

Commissioners of Appeal in Prize Causes, 442 n, 451, 452, 453 n, 465 n, 469, 530 n; reversal of sentence by, 567-568; _see also_ Appeals. 

Commissions, of vice-admiral, 1-3; of vice-admiralty judge, 187, 517-519, 519-523; for issue of letters of marque, 312; for trial of piracy, xiii, 143-145, 286-290, 577-581; to privateers, x, 4, 5, 27-30, 347 n, 355-356, 378-381. 

_Commons Journal_, 190 n, 193 n, 194 n, 202 n, 205 n, 208 n, 209 n, 211 n, 213 n, 215 n, 216 n, 218 n, 220, 221 n, 224 n, 239 n, 250 n, 251 n, 257 n. 

_Commonwealth_, 48, 49, 61. 

Comoro Islands, 154 n, 166 n, 167. 

Conanicut Island, 240, 382. 

Connecticut, agent, 449 n. 

Connoway, Morriss, 107. 

Consular certificates, 372, 373-375. 

_Content_, sloop (1), piratically seized, 327, 329, 331. 

_Content_, sloop (2), prize, 400. 

Conyers, _Capt. _ Richard, 180. 

Cooke, of Kidd's crew, 221. 

Cooke, _Capt. _ Edmund, buccaneer, 68-69, 87, 92, 71 n, 100, 101, 103, 132. 

Cooke, Elisha, Jr. , 179. 

Cooke, _Capt. _ Robert, 30, 31, 35, 36, 37, 38, 39, 43, 45. 

Cooper, _Pres. _ Myles, 536 n. 

Cooper, Thomas, _Statutes at Large of S. C. _, 286 n. 

Copas, _see_ Marques, Jacobus. 

Copping, John, pirate, 142. 

Coquimbo, 116; buccaneers at, 109-111, 134. 

Cora, Venezuela, 488, 490. 

Cordova, Pascual de, 537. 

Corea, Pablo Antonio, 537, 539. 

Cork, Ireland, 357, 360, 361, 369-372, 376, 377. 

Cork Island, 117. 

Cornbury, _Gov. Lord_ (Edward Hyde), 277 n. 

Corn drink, 95. 

Cornelisse, Jan, 47. 

Cornelisz, Albert, 15, 16. 

Cornelius, _Capt. _ John, 306. 

Coroner, 300. 

Correa, Antonio de, 561, 562, 564, 566. 

Corsellis, Nicholas, 46. 

Coruña, 61, 65, 154, 155, 165. 

Cory, William, agreement, 463-465. 

Court of Assistants, _see_ Massachusetts, Court of Assistants. 

Court of Wards, 252. 

Couwenhoven, Jacob Wolfertsen, 9-11. 

Couwenhoven, _Capt. _ Pieter, 463 n, 465 n. 

Coward, William, piracy case, 145-146. 

Cowes, Henry, 25. 

Cox, _Capt. _ John, Mass. , 47, 48. 

Cox, _Capt. _ John, buccaneer, 103, 118. 

Coxon, _Capt. _ John, chief commander of buccaneers, in attackingPortobello, 84-91; on the Isthmus, 92, 93, 95, 97; at Panama, 98; deposed, 100. 

Crab Island, W. I. , 196, 257, 258; _see also_ Vieques. 

Crane, _Capt. _ Gilbert, 25. 

Cranston, _Gov. _ Samuel, 241, 285, 321, 346, 347. 

Craven, _Gov. _ Edward, 290 n. 

Craven, _Lord_ (William Craven), 286. 

Crawford, _Earl of_, 253 n. 

Crawford, George, 163, 164. 

Cregier, Martin, 9-11. 

Crew, _Capt. _ John, 573 n. 

Crisp, Richard, 152. 

Cromie, William, 369, 370. 

Cromwell, Oliver, 406 n. 

Crumsty, _Capt. _ Andrew, 296. 

Crute, Capt. , 277. 

Cul-de-Sac, Haiti, 471. 

Cullam, John, 495. 

Culliford, _Capt. _ Robert, pirate, 198, 199, 201, 203, 209, 210. 

Cunliffe, Foster, 468. 

Cunningham, David, 345 n. 

Cunningham, _Capt. _ George, 391. 

Curaçao, 143 n, 257 n, 515; Bolton and, 245, 246, 249; governor, 473 n, 481; Kidd and, 204, 211, 230, 231; _Princess of Orange_ and, 480, 483, 484, 488, 490. 

Curaçao Dick, negro, 385 n. 

Currency, colonial, 391 n, 393 n, 429 n, 430 n, 516 n, 535 n. 

Currin, Humphry, 163, 164. 

Cushing, John, 324, 338. 

Cuthbert, _Capt. _ William, _Fortune_, 287, 289. 

Cuthbert, William, gunner, _Charles the Second_, 190 n, 240. 

Cutler, _Mr. _, 292, 299. 

Cutler, John, surgeon, 240. 

Cuttle, Maurice, 170. 

Cutts, Richard, 32. 

"D. , W. , " narrative of buccaneering, 84 n, 132 n. 

_Dageroed_, bill of health, 569-571. 

Dalheu, _Capt. _ Pierre, 503 n. 

Dalton, _Sir_ Cornelius N. , _The Real Captain Kidd_, 202 n. 

Dame, M. , 386. 

Damen, Jan Jansen, 9-11. 

Dampier, William, _New Voyage around the World_, 84 n, 92 n, 113 n, 117 n. 

_Danae_, H. M. S. , 577, 580. 

Danckaerts, Jasper, 182 n. 

Danforth, Samuel, 498. 

Danforth, Thomas, 71, 138. 

Daniel, _Col. _ Robert, 290. 

Daniel, William, 249 n. 

Danish West Indies, _see_ St. Croix, St. John, St. Thomas. 

Dann, John, 153, 171 n, 174 n; examination, 165-171. 

Danson, John, 286. 

Darien, 87, 92; Scottish colony at, 93 n, 231. 

Darley, Henry, 3. 

Darlies Fort, 6. 

Darrancette, _Mons. _, 502. 

Darvar, _Capt. _, 277. 

Darvell, Jo. , pirate, 142. 

Davenport, Addington, 153. 

David, Caleb, 543, 561, 562, 564, 565. 

Davis, Arthur, pirate, 142. 

Davis, Caleb, _see_ David. 

Davis, _Capt. _ Edward, 113 n. 

Davis, Edward, boatswain, 239, 257 n. 

Davis, _Capt. _ Howel, 316 n. 

Davis, Thomas, 299; trial, 307-309; memorial, 309-311. 

Davis, William, petition, 311. 

Davidson, _Sir_ William, 35, 38; power of attorney from, 44-46. 

Davison, mate, 387. 

Davison, _Capt. _ John, 277. 

Davison, Nicholas, 25 n. 

Dawes, _Capt. _ Philip, 287, 289. 

Dawson, Joseph, 174. 

Dead-eyes, 59. 

Dead Man's Chest, island, 294 n. 

Deane, Lawrence, 160. 

Deane, Samuel, 287, 289. 

Dechonse, Haiti, 472. 

Decree, of vice-admiralty judge, 439-442. 

_Defiance_, privateer (1), 514 n. 

_Defiance_, privateer (2), 581 n. 

De la Court, P. , 364. 

Delake, John, 373, 374. 

DeLancey, _Chief-Justice_ and _Lieut. -Gov. _ James, 386 n, 535 n. 

DeLancey, Stephen, 198 n, 217. 

Demesmaker, Johannes, 240 n. 

Dennison, _Maj. -Gen. _ Daniel, 18. 

Denmark, treaty with Brandenburg, 235 n. 

Densey, George, 383, 384, 386, 395, 397, 416. 

De Peyster, Abraham, 187. 

De Peyster, Frederic, _Bellomont_, 218 n. 

Deptford, 205. 

Deputies, Massachusetts House of, vote, 25-26. 

Derelicts, 521 n. 

_Dergens_ (?), 47. 

Dering, Henry, 50; inventory by, 51-61. 

Deseada, 131. 

Detcheverie, _Mons. _, 502. 

Devernet, Isaac, 359, 362, 374, 376. 

Devernet, Peter, 359, 362, 374, 376. 

Devin, John, certificates for, 178-180. 

Devon County, Mass. , 75 n. 

De Wolf, _Senator_ James, 572 n. 

De Wolfe, _Capt. _ Mark Antony, privateer, 572. 

Dias, Vicente, 487. 

Dick ("Curaçao Dick"), negro, 385 n. 

Dickson, Thomas, pirate, 142. 

Diego's Point, 90. 

Dike, Gilbert, 136, 137. 

Dipsey-leads, 60. 

_Divino Pastor_, prize, 452. 

Dixon, _Capt. _, 375. 

Dixon, Caesar, 423. 

Doane, John, 297 n, 298. 

Doane, Joseph, 298 n, 299, 300. 

Dobbin, William, 371. 

Dobney, Robert, bill, 344. 

Doctors' Commons, 275, 313, 442 n, 452. 

Dodson, _Reports_, 442 n. 

Dollars, 162; Spanish, 478 n. 

_Dolphin_, privateer, 167, 168. 

_Dolphin_, sloop, 325 n. 

Domas, Juan Baptista, 407, 409, 411. 

Donavan, John, 400. 

Donovan, James, 297, 298. 

Dongan, _Gov. _ Thomas, 143, 144. 

Doscher, Peter, Jr. , 477; letter, 480-482. 

Dougall, _Capt. _ William (or John), 503 n, 504. 

Douglas, _Capt. _ John, commission, 29; captures by, 30, 31, 33, 34, 38-40; petition, 41; plea, 42-44. 

Douglass, William, _Summary_, 391 n. 

Doulteau, _Capt. _, 421. 

Dousin, Robert, pirate, 142. 

Dove, Edward, pirate, 142. 

Dowell, Francis, 238. 

Dowell, _Capt. _ William, 475 n, 477. 

Dowlas, 467 n. 

Downer, Edmund, 29. 

Downs, The, 205, 250 n, 251 n. 

Drake, _Sir_ Francis, 105, 116. 

Draper, R. I. , 320. 

Drest, _Capt. _ Flip, 14-17. 

Drew, Charles, 501. 

Drummond, _Capt. _ Seth, 473 n, 474, 475, 486. 

Duane, James, 553. 

Dublin, 170; pink from, 296. 

Dudley, _Gov. _ Joseph, 284 n. 

Dudley, Paul, 306; deposition, 285-286. 

Dufourd, Peter, vice-consul in Teneriffe, 373, 374, 479. 

Duill, John, 114. 

Duke of York Island, 126 n, 131 n. 

Dukley, John, deposition, 20-21. 

Dumaresq, Elias, 357 n. 

Dumaresq, Michael, 363. 

Dumaresq, _Capt. _ Philip, 372, 373, 493; libel, 357-358; _vs. _ the _Amsterdam Post_, prize case, 356-378. 

Dummer, Jeremiah, 151, 242. 

Dummer, _Lieut. -Gov. _ William, 305 n, 324, 338. 

Dunaghadee, Ireland, 170. 

Dunbar, William, deposition, 514-515. 

Dunfanaghy, Ireland, 170. 

Dunton, John, _Letters from New England_, 202 n, 205 n. 

Durell, _Capt. _ Thomas, R. N. , 324, 338. 

Dutch West India Company, 365 n. 

Dwight, J. , speaker, 517. 

_Eagle_, galley, 277 n. 

East Country, 141. 

Eastham, Mass. , 297 n, 299, 304. 

East India Company, 190 n, 197, 240, 242, 378 n; letters to and from, 155-159, 166 n; petition, 153-155. 

_East India Merchant_, 197. 

Easton, _Gov. _ Nicholas, 72. 

Edgecomb, _Capt. _, 237, 240, 242. 

Edgcumbe, Richard, 524. 

Edmonds, John H. , 291 n. 

Eggleston, Edward, _Transit of Civilization_, 457 n, 458 n, 460 n. 

Egmont, _Lord_ (John Perceval), 543 n. 

Elatson, Jonathan, 153. 

Elderidge, John or Samuel, 400, 401, 407, 416, 417, 418, 425. 

Elderige, John, 199. 

_Elenora_, 247. 

Eleuthera, island, 169. 

Elias, _De Vroedschap van Amsterdam_, 365 n. 

_Elinor_, 145 n. 

Elizabeth, queen of Bohemia, 6 n. 

_Elizabeth_, privateer, 499. 

_Elizabeth_, prize case, 514-515. 

_Elizabeth_, schooner, 400. 

Elizabeth City County, Va. , 269 n. 

Elizabeth River, Va. , 264. 

Elliot and Dowson, _History of India_, 156 n. 

Ellis, Welbore, 567. 

Elston, John, 171 n. 

Emerson, Ralph Waldo, _Journal_, 292 n. 

Emott, James, 202, 214, 215, 220. 

Endicott, _Gov. _ John, 18, 19. 

Enfield, _History of Liverpool_, 468 n. 

English, Robert, 199. 

_English Historical Review_, 2 n. 

Ensign, 55, 64, 91, 274; _see also_ Flags. 

_Ermine_, 137 n. 

Esmit, _Gov. _ Nicholas, 133 n. 

Espinosa, _Capt. _ Bernardo, 437, 438. 

Essex, _Capt. _ Cornelius, buccaneer, in attack on Portobello, 84-86, 90. 

_Essex Prize_, 260 n, 266 n, 269, 273. 

_Essex Quarterly Courts_, _Records_, 14 n, 19 n, 26 n. 

Estavie, Andrew, negro, 411. 

Estrada, _Don_ Pedro de, 399, 407, 409. 

Estrades, _Marshal d'_, 83 n. 

Estrées, _Comte d'_, 82, 83. 

Etherington, _Capt. _, privateer, 573 n. 

Evance, Steed, and Co. , 411, 426. 

Evangelistas, islands, 127. 

Evans, Jonathan, 199. 

Eveleigh, Samuel, 290. 

Everigin, John, 399, 401, 407, 409, 410, 416, 424. 

Evertse, _Capt. _ Nicholas, 218 n, 230. 

Every, _Capt. _ Henry, piracy case, xiv, 153-188; declaration, 154; in the Indian Ocean, 154, 155, 157, 159, 165-169; in the Bahamas, 169, 172-174, 178-179; in Ireland, 170; in England, 171. 

Execution Dock, 190 n, 257, 315. 

Exeter, Eng. , 170. 

_Experiment_, 287. 

Exquemelin, A. O. , _Bucaniers of America_, 84 n, 99 n. 

Fajardo, Gaspar, 477 n; declarations, 485, 487-489. 

Fajardo, Gerónimo, 486. 

Falmouth, _Viscount_ (Hugh Boscawen), 567. 

Falmouth, Antigua, 131. 

Falmouth, Eng. , 48, 50, 51, 60-65, 67. 

_Fancy_, 154, 160 n, 178, 179. 

Farmar, Jasper, 530 n, 531, 550, 552. 

Farmer, John, 80. 

Farnam, _Capt. _, 276, 277. 

Faro, _Capt. _ Joseph, 167, 171. 

Farrand, Godfrey Lee, register, 568. 

Fastnet Rock, 368 n. 

Fauque, _Father_ Elzéar, 511 n, 513 n. 

Fecleloot (?), P. , 365. 

Fenton, Richard, 371. 

Fero, Antoni, 47. 

Fernandez Duro, C. , _Armada Española_, 562 n. 

Fernández, Juan, 125 n. 

Fernando Po, 166. 

Ferne, Samuel, pirate, 325, 331, 334, 335, 337, 339. 

Ferrera, Peter Joseph, notary, 478. 

Ferres Bravo, Diogo, 28. 

Ferrow, Joseph, 384, 385, 389, 392. 

_Fidelia_, 239 n; piratical goods in, 257-259. 

Fielding, Andrew, 385, 386. 

Fillmore, John, 334, 340, 343; trial, 323-330; _Narration of the Captivity of_, 323 n, 325 n, 330 n. 

Fillmore, _Pres. _ Millard, 325 n. 

Finis Cove, Ireland, 369. 

Firth, _Sir_ Charles H. , _Naval Songs and Ballads_, 153 n, 253 n. 

_Fisher_, sloop, 291, 301. 

Fitch, Thomas, 324, 338. 

FitzGerald, Thomas, deposition, 296-298. 

Fizz-gigs, 59. 

Flags, various, 55, 122, 140, 141, 154, 194, 274, 352, 390, 401, 424, 434, 485, 488, 490, 496, 499. 

Flamenco, island, 99 n. 

Fletcher, _Gov. _ Benjamin, 167 n, 176 n, 178 n, 181 n, 182 n, 183 n, 214, 238. 

Fletcher, William, 264, 265; deposition, 262-264. 

Flood, John, deposition, 496-498. 

_Floridana_, 562 n, 563. 

Flotsam, 521 n. 

Flushing, Zeeland, 49, 61, 140. 

Fly boat, 62. 

_Flying Fish_, prize, 525. 

Ford, Gordon L. , 453 n. 

Ford, John, 29. 

Ford, Paul L. , 454 n, 465 n; _Journals of Hugh Gaine_, 581 n. 

Foreside, Edward, 160, 161, 163. 

Forest, Joseph, 272. 

Forestaffs, 57. 

Foresyth, _Capt. _, 438. 

Forrest, William, pirate, 69, 70, 73 n; examination, 71-72. 

Fort Dauphin, Madagascar, 180, 181, 182. 

Fort Moosa, 402 n. 

_Fortune_ (1), 180, 186. 

_Fortune_ (2), 287. 

_Fortune of Courland_, 148 n. 

Foss, Zechariah, deposition, 496-498. 

Fowler, Richard, 74 n, 78. 

Fox, _Mr. _, 461. 

Fox, Joseph, 47. 

Fox, _Capt. _ Thomas, 308. 

_Fox_, privateer, 573 n. 

Foxford, Ireland, 163, 164. 

France, declaration of war against Great Britain, 505 n; privateers of, 505; war with Netherlands, 74 n. 

Francis, negro, 385 n. 

Francis, Philip de, _see_ Ybañez. 

Francisco, _Capt. _, negro, 399, 402-403, 407-411, 414. 

Francisco, negro slave, 327, 331, 343. 

Frank, Cornelius, 266 n. 

Frankland, _Sir_ (Charles) Henry, 406 n, 413, 414, 426, 428. 

Frankland, _Capt. _ Thomas, R. N. , 405 n, 406, 412 n, 413, 414, 426, 428, 430. 

Franklin, Benjamin, 473 n, 503 n, 508 n. 

Franklyn, king's proctor, 378 n. 

Franks, Benjamin, deposition, 190-195. 

Frazon, Joseph, 240. 

Frederick William, elector of Brandenburg, 82 n, 138, 139, 235 n. 

Freebody, _Capt. _ John, 382-385, 387, 388, 393, 423, 425, 461; accounts against, 453-461; agreement, 463-465; appeal, 443; letters to, 414, 425-429, 448-450, 451-453. 

Freebody, Samuel, 382. 

Freeman, _Capt. _, 426. 

Freeman, Samuel, 300. 

Free negro, 586. 

Fregeño, Regordete, 561. 

French, _Capt. _, 206. 

_Friends' Adventure_, 270 n. 

Friends Islands, 86. 

Frisle, Joseph, 384, 395, 397, 416. 

Frisle, William, 384, 395, 397, 416. 

Fryer, Nathaniel, 49-51, 61, 66, 67; inventory by, 51-61. 

Fryer, Thomas, 415, 416. 

Fuentes, Miguel de, 537. 

Funchal, Madeira, 372. 

Fundy, Bay of, 75, 76, 79, 80. 

Furber, master, 326, 339. 

Fustian, 467 n. 

Gage, Thomas, _The English American_, 1 n. 

Gaine, Hugh, 581. 

Galápagos Islands, 103. 

Galileo, 335 n. 

Galloon, 55. 

Galway, Ireland, 160-164. 

Ganancho, Juan Antonio, 479. 

_Ganj-i sawai_, 157, 158. 

Garcia, _Don_ Francisco, 537. 

Gardiner, John, of Gardiner's Island, 212, 213, 216, 227, 228; narrative, 220-223. 

Gardiner, _Mrs. _ John, 220 n, 221. 

Gardiner, C. C. , _Lion Gardiner and his Descendants_, 216 n. 

Gardiner, Lion, 220 n. 

Gardiner, Robert, of Newport, 243, 244. 

Gardiner, _Lieut. _ Thomas, 75. 

Gardiner's Island, 212, 213, 216, 220-223, 227, 228, 236, 237. 

Garravances, 193. 

Gayer, _Sir_ John, 156 n. 

_General Washington_, privateer, 581 n. 

_Gentleman's Magazine_, 449 n, 485 n. 

George I. , act concerning piracy, 324; act concerning privateers, 347 n; proclamation, 315. 

George II. , acts concerning privateers on prizes, 355, 396 n, 408, 432, 441, 442 n; commissions, 516-523, 577 n; instructions to captains of privateers, 347-354. 

George III. , commissions, 577 n. 

George, _Prince_, of Denmark, lord high admiral, 275. 

_George_ (1), 272. 

_George_ (2), privateer, 473 n, 474, 477, 486, 488, 490, 491, 503 n, 504. 

Georgia, _Colonial Records_, 404 n, 537 n, 543 n. 

Georgia Historical Society, _Collections_, 399 n. 

Gerritsz, Pieter, 47. 

Gibbs, George, marshal, 576. 

Gibens, William, 34. 

Gibraltar, 361, 362. 

Gibson, _Capt. _, 165. 

Gidley, _Mr. _, 387. 

Gilbert, _Capt. _ John, Bristol, 311. 

Gilbert, _Mrs. _ Mary, innkeeper, 345. 

Giles, Henry, 341, 343; trial, 330-338. 

Gilespy, Henry, pirate, 315. 

Gillam, James, pirate, 201, 237-240, 242-244, 250 n. 

Gillmore, John, 384, 394, 416, 422. 

Giotte, William, 41. 

Glas, George, _Description of the Canary Islands_, 373 n. 

Glasby, Harry, pirate, 315 n. 

Glasgow, 508. 

_Glasgow_, sloop, 336. 

Glen, _Gov. _ James, 518. 

Glen, _Capt. _ Thomas, 346. 

Gloucester County, Va. , 260. 

Glover, Farmer, 161, 163-165. 

Glover, John, 18. 

Glover, _Capt. _ Richard, pirate, 175, 176, 183, 184, 185, 400. 

Glyn, _Capt. _ Thomas, 309. 

Golden Islands, 86, 91, 92. 

Golfo Dulce, 118, 121-123. 

Gonis, Antonio, 537. 

Goodell, A. C. , 278 n. 

_Good Hope_, 147-152. 

Goodmans, Walter, 400. 

_Good-will_, schooner, 328. 

Gookin, Daniel, 18, 71. 

Gordes, Juan, 487. 

Gording, John, 372. 

Gorgona island, 103-105, 117, 122. 

Gorham, _Capt. _, 299. 

_Gosport_, H. M. S. , 577, 580. 

Gouch, Ralph, 385, 395, 397, 406, 416. 

Goulding, _Rev. _ Richard W. , xvi, 245 n. 

Gourdon, John, 3. 

Governor's Island, Boston, 345 n. 

Grabs (_gurab_), 176. 

Graeme, James, admiralty judge, 518 n. 

Graham, James, 144, 188, 216. 

Grand Canary, 357, 360, 373 n. 

Granshon, _Mr. _, 472. 

Grant, Peter, 74 n, 79. 

Granville, _Earl_ (John Carteret), 567; _see also_ Carteret. 

Gras, Francisco, 487. 

Gravenraedt, _Capt. _ Andreas, 199. 

Graves, _Capt. _, 316, 317. 

Great Awakening, 428 n. 

Great Island, N. H. , 48. 

Greek merchants, 207. 

Green, _Capt. _, 414, 426. 

Greenshaw, John, 429. 

_Greenwich_, H. M. S. , 573 n. 

Gregerie Bay, 132 n. 

Gregory, John, 395, 413. 

Grenada, W. I. , 317. 

Grey, _Gov. _ Ralph, 236 n. 

Gribble, Walter, 246. 

Gribble, William, 212. 

Griffin, John, pirate, 142. 

Griffin, Robert, 431. 

Griffith, John, 384, 394, 397, 416. 

Grigg, John, 422 n. 

Grigg, Thomas, 395, 416. 

Gross, Richard, 66. 

Groyne, The, _see_ Coruña. 

_Guarda costa_, 246. 

Guarlen, Juan, 112 n. 

Guayaquil, 101, 105, 106, 123. 

Guiana, British and Dutch, 511 n. 

Guinea, 185, 200, 258, 270, 316, 378 n. 

Guineas, 161 n. 

Guise, David, 487. 

Guittar, _Capt. _ Louis, pirate, 267 n, 274. 

Guitierres, Diego, notary, 555. 

Guitierres, _Lieut. -Gov. Don_ Francisco, 554. 

Gullock, _Capt. _ Thomas, 242. 

Gunner's stores, list, 470-471. 

Gurnet, The, 258. 

Gwinn, Nathaniel, 415, 416, 418. 

Hacke, _Capt. _ William, 124 n; _Collection of Original Voyages_, 85 n. 

Hackshaw, 217. 

Haddaway, Thomas, 400. 

Haddock, _Capt. _, 68. 

Haddon, _Capt. _ Richard, 530 n, 536-542, 544-554, 556-559, 568; libel, 529-533. 

Haddon, William, deposition, 556-559. 

Hadle, James, 429. 

Hadsall, _Capt. _ Charles, deposition, 39. 

Hale, _Rev. _ Edward Everett, 226 n; _New England History in Ballads_, 253 n. 

Hall, John, 111. 

Hall, Joseph, 369, 370. 

Hall, Thomas, Amsterdam, 366. 

Hall, Thomas, buccaneer, 107. 

Hallamore, John, pirate, 142. 

Halsey, _Capt. _ John, 285. 

Hamburg, 186 n. 

Hamilton, Alexander, _New Account of the East Indies_, 156 n. 

Hamilton, Andrew, admiralty judge, 474. 

Hampton, Va. , 271; _see also_ Kiquotan. 

Hannibal, 200. 

_Happy Entrance_, 19 n, 26. 

Harding, Abiel, 300. 

Harding, _Capt. _ Robert, 17, 24-26. 

Harding, Samuel, Cape Cod, 299, 300. 

Hardy, _Gov. Sir_ Charles, 529 n, 547. 

Hargrave, Francis, _State Trials_, 153 n, 190 n, 209 n, 210 n, 251 n, 254 n. 

Hargrave, _Lieut. -Gen. _ William, 363 n. 

Harley, Robert, speaker, Kidd's letters to, 250-253. 

Harradine, Andrew, 323 n, 328, 329, 333, 336, 339, 343. 

Harress, Daniel, 34. 

Harriman, Jeremiah, _Revenge_, 392, 394, 400, 405, 416, 424, 428, 433, 437, 438, 445, 446, 453; deposition, 434-436; marriage, 439 n; orders to, 401. 

Harrington, _Lord_ (William Stanhope), secretary of state, 354. 

Harris, Henry, deposition, 48. 

Harris, T. M. , _Oglethorpe_, 543 n. 

Harris, _Mrs. _, 448, 449, 450, 453. 

Harris and de Villiers, _Storm van 's Gravesande_, 512 n. 

Harrison, _Capt. _, 269. 

Harrison, of Jamaica, N. Y. , 222. 

Harrison, Benjamin, sr. , "of Surry, " 267 n. 

Harrison, Benjamin, jr. , "of Berkeley, " letters to Nicholson, 267-268. 

Harrison, Francis, admiralty judge, 518 n. 

Harrison, Samuel, 272. 

Harrison, _Pres. _ William Henry, 267 n. 

Harriss, John, 461. 

Harriss, _Capt. _ Peter, buccaneer, 90, 92, 93, 99, 100. 

Hart, Charles, 287, 289. 

Hartsinck, Jan Jacob, 364. 

Haskell, _Capt. _, 325 n. 

Haszard, Robert, jr. , agreement, 463-465. 

Hatchwell, _Capt. _, 35. 

Hatton, merchant, 206. 

Havana, 134, 420, 422 n, 423, 472, 531 n, 539, 542. 

_Hawk_, privateer, papers, 494-502. 

Hawkins, _Capt. _, 170. 

Hawthorne, Nathaniel, _Twice Told Tales_, 226 n. 

Hay, _Sir_ George, admiralty judge, 465 n, 530 n. 

Hayes, Adam, 266. 

Hayes, James or John, 415, 416, 417, 418, 425. 

Haymas, Andrew, 487-491. 

Haynsworth, Samuel, pirate, 142. 

Hazard, _see_ Haszard. 

Hazeltine, Harold D. , _Appeals from Colonial Courts_, 443 n. 

Heath, William, pirate, 142. 

Heckfield, Eng. , 200. 

Hedges, William, _Diary_, 154 n. 

Henderson, Mihill, 41. 

Henderson, Samuel, 395, 416. 

Hendricks, Richard, 129. 

Hening, W. W. , _Statutes of Va. _, 261 n. 

Henkes, P. , 365. 

Henlyne, Andreas, 230. 

Henrietta, island, 2. 

Henry, Alexander, 384, 394, 396, 397, 416. 

Henry VIII. , act concerning piracy, 143 n, 145, 146, 286 n, 287, 288, 290. 

Hermon, _Capt. _, 33. 

Herrman, Augustin, 11, 12. 

Herry, Fyck, affidavit, 14-17. 

_Hertford_, privateer, 572. 

Heul, Hendrick van der, 222 n. 

Hewetson, _Capt. _, 190 n. 

Heyman, Peter, 274. 

Higgins, William, 384, 394, 416. 

Higginson, John, 217 n. 

Higuey, river, 247, 249. 

Hill, Edward, admiralty judge, 271. 

Hill, John, 34. 

Hill, Matthew, deposition, 20. 

Hill, Samuel, register, 523. 

Hill, _Capt. _ William, 200. 

Hiller, Joseph, register, 324. 

Hilliard, John, 111. 

Hillock, Stephen, 501. 

Hispaniola, 294, 419. 

_Historical Magazine_, 474 n. 

Historical Manuscripts Commission, 250 n; _see also_ Portland MSS. 

Hispaniola, 469, 473 n; suggestions as to plundering, 471-473. 

Hodgkins, William, 501. 

Hog Island, Bahamas, 405. 

Holbrook, Samuel, deputy secretary, 517. 

Holdernesse, _Earl of_ (Robert D'Arcy), secretary of state, 535 n, 548, 551. 

Hollandsworth, _Capt. _, 160. 

Holliday, Adam, 501. 

Holmes, John, 383, 384, 386, 395, 397, 416. 

Holmes, Nicholas, chirurgeon, 456. 

Holmes, Oliver Wendell, 358 n, 413 n. 

Holmes's Hole, 337. 

_Holy Ghost_, prize case, 17-26. 

Holyhead, 170. 

Holywood, Ireland, 506. 

Homans, John, bond, 443-444. 

Honduras, 84; Bay of, 294 n, 346. 

Honeyman, James, 461. 

Hoof, Peter Cornelius, pirate, trial, 303-306. 

"Hope Point, " 315. 

Hopkins, Caleb, 293. 

Hopkins, _Gov. _ Stephen, "Signer, " letter, 575-576. 

Horcasitas, Juan Francisco Guemes y, viceroy, 420 n. 

Hore, _Capt. _ John, pirate, 176, 185, 186, 187, 238, 243. 

Hornigold, _Capt. _ Benjamin, pirate, 293, 294. 

Horre, John, 41. 

Horseshoe, The, Chesapeake Bay, 265. 

Horseshoe, The Nantucket, 291 n. 

Horsmanden, Daniel, _Journal of the Proceedings in the Detection_, etc. , 385 n. 

Horton, Samuel, 300. 

Houblon, _Sir_ James, 165, 174. 

Houblon, _Sir_ John, 174, 188. 

Hough, _Hon. _ Charles M. , circuit judge, xvi, 530 n, 573 n, 586 n. 

House of Commons, 250-253. 

How, _Capt. _, 207, 208. 

Howard, _Capt. _ Charles, 136, 137. 

Howard, _Capt. _ Thomas, R. N. , 287, 289. 

Howchen, Jeremiah, 26. 

Hubbard, _Capt. _, 419. 

Huckens, Thomas, 34. 

Hudson, James, 495, 498. 

Huffam, _Capt. _, 329. 

Hughson, John, 385 n. 

Hughson, S. C. , _Carolina Pirates_, 286 n. 

_Humming Bird_, privateer, 388-391. 

Hunt, _Capt. _ Robert, 7. 

Hunter, John, deposition, 37-39. 

Huntington Bay, L. I. , 382. 

Hutchinson, _Capt. _ Edward, commission, 32-33. 

Hutchinson, Eliakim, 498. 

Hutchinson, _Gov. _ Thomas, 324, 338; _History of Massachusetts_, 81 n, 449 n. 

Ignoramus, 152 n. 

Illinois country, French in, 529 n, 559. 

Ilo, 109 n, 115, 116; bay of, 108. 

Impressment of seamen, 449. 

Inagua Island, 420. 

Independence Hall, 474 n. 

_Indian King_, 272. 

Indians, of the Isthmus, 93-96, 98. 

Ingols, _Capt. _ Robert, 301. 

Inhibition, 454 n. 

Interrogatories, Standing, 525-529. 

_Invencible_, Spanish man-of-war, 420 n. 

_Invencible_, Spanish privateer, prize, 423-427, 434, 435, 452. 

Invoice, _Princess of Orange_, 482-483. 

Ipswich, Mass. , 175 n. 

Iquique, 113 n. 

Ireland, letters from, 160-165. 

Irishmen, and Roberts, 315 n. 

Irons, 516. 

_Isaac_, 160. 

Isham, Edward, advocate general, 356. 

Isla de Caños, 118. 

Isla de la Plata, 135, 137. 

Isla del Gallo, 104, 122. 

Isla de Oro, 86 n. 

Isla de Perros, 119, 120. 

Isla de Pinos, _see_ Isle of Pines. 

Isla de Plata, 103, 104, 105, 106, 117. 

Isla Fuerte, 86. 

Isla Iguana, 98. 

Isla Majé, 98 n. 

Isla Solarte, 90. 

Isle of Dogs, 119, 120. 

Isle of Pines, 85, 86, 294, 303-304, 532 n, 544. 

Isle of Wight, _see_ Gardiner's Island. 

Isle of Wight County, Va. , 262 n. 

Isles of Shoals, 278 n, 328. 

Ispahan, letter from, 159. 

Issa Cooley, 158. 

Itimad Khan, 157. 

Ivemay, Charles, trial, 330-338. 

Izard, Ralph, 287, 289. 

Jack, 55, 91, 274, 352, 390, 401; _see also_ Flags. 

Jackson, William, 385, 386, 395, 406, 416, 425. 

_Jacob_, 182 n. 

Jacobs, _Capt. _ Cornelius, 186. 

Jamaica, 84, 141, 181, 190, 196, 537; prize sloop from, 387. 

James II. , 40, 143. 

James, Robert, _Dictionary of Medicine_, 457 n. 

_James_, 165. 

James City County, Va. , 262. 

James River, 265. 

Jamestown, Va. , 268. 

Janse, George, mate, 367. 

Jardines del Rey, 426, 434 n. 

Jaw, David, 343. 

Jayme, Andrew, 485. 

Jeers, 56. 

Jekyll, John, 324, 338. 

Jenkins, _Sir_ Leoline, admiralty judge, 133, 134 n, 440 n, 442 n. 

Jennings, _Col. _ Edmund, 262. 

Jennings, James, 415, 416, 418, 425. 

"Jeremiah's Gutter, " 293 n. 

Jesuits' bark, 294 n. 

Jetsam, 521 n. 

Jiddah, 157, 158, 159. 

Jodrell, clerk, 251 n. 

Johanna, island, 154, 155, 166, 167, 378 n; Kidd at, 192, 193, 197, 200, 206. 

John, Indian, 310. 

_John and Mary_, ship, prize, 346. 

_John and Rebecca_, 176, 185. 

Johnson, _Capt. _, of Maryland, 277. 

Johnson, Charles, _General History of the Pyrates_, 141 n, 144 n, 153 n, 166 n, 285 n, 293 n, 314 n, 315 n, 316 n, 317 n, 319 n, 323 n, 328 n, 329 n, 332 n, 337 n. 

Johnson, Christopher, 140, 141. 

Johnson, Halligert, 34, 41. 

Johnson, Henry, petition, 501-502. 

Johnson, _Sir_ John, 386 n. 

Johnson, John, Boston, 186. 

Johnson, John, Flushing, deposition, 48; examination, 61-62. 

Johnson, Thomas, 171. 

_Johnson_, prize snow, 581 n. 

Johnston, George, 369, 370. 

Jones, John, petition, 492-494. 

Jordan, John, interpreter, 476. 

Joseph, negro, 392, 416, 417. 

_Joseph and Mary_, prize and privateer, 474 n, 477 n. 

Joyner, of Bermuda, 206. 

Juan, _Capt. _, 111. 

Juan Fernández Islands, buccaneers at, 111-113; Indian marooned on, 113 n, 125. 

Judson, Randolph, 74 n, 78. 

Jury-masts, 263. 

Justaucorps, 53. 

Juxon, _Archbishop_ William, 285 n. 

Kanseboom, Pieter, 365. 

_Katherine_, 183. 

Kattur, _Capt. _ Alexander, 503 n, 504. 

Kazim Khan, 158. 

Kelly, Daniel, pirate, 142. 

Kelly, James, 239. 

Kempe, William, advocate general, 536. 

Kendall, _Col. _ James, 188. 

Kennedy, Irishman, 315 n. 

Kennicott, _Dr. _ Benjamin, _Collation of Hebrew MSS. _, 536 n. 

Kennott, _Mr. _, 473. 

Kerby, Samuel, negro, 384, 395, 397, 416. 

Kerry, Margaret, 385 n. 

Key, Willem de, 9-11. 

Khafi Khan, 156 n, 157 n. 

Kidd, _Capt. _ William, xiv, 180 n, 186 n, 315; case, 190-257; history, 190; in the Atlantic, 191, 205, 206; in the Indian Ocean, 192-195, 197, 198, 202, 203, 206-211, 250, 251, 254-256; in the West Indies, 195-196, 203-204, 211-212, 230-231, 232-236, 245-249; on Gardiner's Island, 202-205, 212-215, 220-223, 225, 236; prisoner at Boston, 214-217, 225-232, 236-237; prisoner in London, 250-253, 257; execution, 257; narrative, 205-213; declaration, 236-237; letters to the Speaker of the House of Commons, 250-253; _Captain Kid's Farewel_, 253-257. 

Kidd, Sarah, 240, 241; letter, 223-224; petitions, 218, 219, 224. 

Kieft, _Gov. _ Willem, 9, 10. 

Kimball, Gertrude S. , _Correspondence of the Colonial Governors of RhodeIsland_, 383 n, 575 n; _Correspondence of William Pitt_, 529 n, 535 n. 

King, Francis, pirate, reprieved, 284. 

King, Henry, declaration, 64-66; petition, 50, 51. 

King, John, 181. 

King, William, 461. 

King's Bench, 378 n. 

Kingston, _Capt. _, 293. 

Kingston, Jamaica, 537, 541. 

Kinnoull, _Earl of_ (Thomas Hay), 567. 

Kip, Jacob Hendricksen, 14-17. 

Kip, _Bishop_ W. I. , _Historical Scenes from the Old Jesuit Missions_, 511 n. 

Kipp, William, deposition, 510-512. 

Kiquotan, Va. , 259, 262, 270. 

Kittredge, George L. , 253 n. 

Knott, _Capt. _ Andrew, pirate, 186, 224, 238-241. 

Knowles, _Vice-Adm. _ Charles, 541 n. 

Knowles, Edward, 300. 

Königsberg, 139. 

_Kriegsgeschichtliche Einzelschriften_, 138 n. 

La Condamine, _Relation Abrégée_, 511 n. 

Lacour-Gayet, _Marine Militaire de la France_, 573 n. 

_La Garce_, privateer, 9-17. 

Lagardien, _Mons. _, 586 n. 

_La Généreuse_, 421. 

Lagerboom, _Capt. _ Peter, 570. 

La Guayra, Venezuela, 507, 509. 

Laguna, San Cristoval de, Teneriffe, 485. 

Lambert, John, pirate, execution, 278-284. 

Lambeth, pilot, 310 n. 

Lameste, 41. 

Lamont, William, 212. 

Lancaster County, Va. , 260. 

Lancy or Lency, William, 330, 333, 334, 341-343. 

_'s Landswelvaren_, privateer, 48, 49, 61. 

Lane, _Capt. _ John, 302. 

Langoe, _Capt. _, 391. 

La Paix, piracy case, 259-275. 

La Palata, _Duke of_, _see_ Navarra y Rocaful. 

Larimore, _Capt. _ Thomas, 152. 

Larne, Ireland, 507. 

La Roche au Picolet, Haiti, 472. 

L'Arbtibonite, Haiti, 471. 

Lasen, Albert, pirate, 142. 

Lassen, Isaac, Indian, 325, 339, 341, 342; trial, 330, 338. 

Lasts, last money, 364, 365. 

Latitude, 528 n. 

Laugardière, _see_ Lagardien. 

_Launceston_, H. M. S. , 577, 580. 

_Laurel Tree_, case, 440 n. 

Laville, negro, 586. 

Lawrence, John, 144. 

Laws, master, 334. 

Laycock, _Capt. _, 242. 

Leal, Christo. , notary, 555. 

Lebous, _Capt. _ Louis, pirate, 293, 294, 303, 304, 306, 307, 309-310. 

Lechmere, Thomas, 324, 338. 

Lecire, Rodier and, 480, 482, 484. 

Le Coutre, Michael, 315. 

Lee, collector at Galway, 162, 163. 

Lee, Thomas, Boston, 423, 428, 432, 433, 443, 454. 

Leech-lines, 56. 

Leeward Islands, president and council, letter from, 195-196. 

Legan, 521 n. 

Leighton, 179. 

Leishman, Andrew, 501. 

Leisler, Jacob, 144. 

Le Maire, Straits of, 128. 

Léogane, Haiti, 420, 421, 471. 

Leon, Antonio, affidavit, 14-17. 

Les Cayes, Haiti, 472. 

Lesson, _Capt. _, 91. 

Let-pass, 361 n, 365. 

Letterkenny, Ireland, 170. 

Letters of marque, x; _see also_ Commissions. 

_Lettres Édifiantes et Curieuses_, 511 n. 

Leverett, _Gov. _ John, 62, 67, 70. 

Leverton, _Rev. _ Nicholas, 6 n. 

Le Vieux Bourg, Haiti, 472. 

Lewin, Henry, pirate, 142. 

Lewis, Jonas, 63. 

Lewis, _Capt. _ Thomas, privateer, 572. 

_Lewis Joseph_, prize case, 502-506. 

Ley, _Mons. De_, 200, 201. 

Libel, xii; _La Paix_, 271-272; _Amsterdam Post_, 357-358; _Princess of Orange_, 474-476; _La Virgen del Rosario_ (Haddon's libel), 529-533, (Ybañez's), 542-553. 

Library of Congress, 453 n. 

Lifts, 56. 

Lightfoot, Robert, 413, 426. 

Lightwood, Ellis, 179, 180. 

L'Ile à Vache, Haiti, 472, 473. 

Lima, 100, 106, 107, 123, 124, 135. 

Limena, mulatto, 510. 

Liñan, _Archbishop Don_ Melchor de, viceroy, 101 n, 107 n. 

Lincoln, C. H. , _Correspondence of William Shirley_, 516 n. 

Lincourt, _Capt. _ Cornelius de, privateer, 46-49, 61, 64. 

Liparan, island, 167. 

Lisbon, 68, 73; ship from, 390. 

_Lisbon Merchant_, 137 n. 

Little, _Mr. _, 292, 299. 

Little, Robert, 384, 394, 416. 

_Little Barkley_, _see_ _Barkley_. 

Liverpool, 468 n. 

Livingston, Robert, 190 n, 214 n, 215, 216, 250, 251. 

Loa, bay and river, 116 n. 

Lobos Islands, 117 n. 

Logan, George, 290. 

Londonderry, Ireland, 170. 

Long Island, Bahamas, 295. 

Long Island, N. Y. , 150; pirates on, 189. 

Longitudes, 131 n, 528 n. 

Lopez, _Capt. _ Juan, 124, 135, 137. 

Loranzo, _Don_ Francisco, 424, 425, 427. 

Lord, Robert, deposition, 36-37. 

Lords, House of, 442 n. 

Lords Justices, 216. 

Lorenso, Juan, 537. 

Lorentz, _Gov. _ Johan, letter to Bellomont, 232-236. 

Lorient, 503, 505. 

Lorriston, George, 247. 

Loud, William, privateersman, petition against, 493, 494. 

Louisbourg, 359 n, 573 n. 

Love, _Capt. _, 388. 

Loveday, John, 272. 

Lowther, _Gov. _ Robert, 316. 

_Loyal Captain_, 207. 

Lucas, Thomas, notary, 369, 370. 

Lucea, Jamaica, 540, 541, 546, 555. 

_Lucretia_, 39, 40. 

Ludwell, _Col. _ Philip, 262. 

Luersen, Carsten, 222. 

Luiza, queen of Portugal, 28. 

Lurten (Lurting), _Capt. _ Robert, 272, 273, 274. 

Lusher, Elia. , 37, 40. 

Luther, Elisha, 384, 394, 416. 

Lynnhaven Bay, 259 n, 260, 261, 262, 265, 266 n, 273, 274. 

Lyttelton, _Sir_ Charles, 37, 38. 

Macaulay, _Lord_, 231 n. 

Machias, Maine, 76, 79, 80. 

Mackay, _Baron_ Aeneas, 360 n. 

Mackay, _Capt. _ Aeneas, 357, 359, 361-363, 371-374, 376, 377; certificate, 367; extracts from journal, 368, 370; lease to, 366; let-pass, 365; oath as burgher, 366; protest, 369-370; sea-letter, 364. 

Mackon, James, 384; _see also_ Magown. 

Mackonochie, Alexander, deposition, 296-298; testimony, 303. 

Macouria, Guiana, 511. 

Madagascar, piracy and privateering at, 149, 150, 166, 175, 177, 202-204, 212, 213, 217, 242, 257 n; Kidd at, 190 n, 197. 

Madeira Islands, 147, 191, 360-363, 376, 377, 482, 483; Kidd at, 197, 206. 

Madras, 207. 

_Madras_, 197. 

Magellan, Straits of, 109, 122, 127, 128, 136, 137. 

Magellona, 197. 

Maggott, _Capt. _ Thomas, buccaneer, 85, 92. 

Magown, James, 395, 396, 397, 416; _see also_ Mackon. 

Maine Historical Society, _Collections_, 302 n; _Documentary History_, 73 n, 78 n, 79 n. 

Maio, Isle of, _see_ May. 

Makemie, _Rev. _ Francis, 265 n. 

Makennie, _see_ Makemie. 

Malabar, 207, 208, 255; ship from, 194. 

Malacallo, Antonio, 537. 

Malacca, Straits of, 177, 178. 

Malaga, 61. 

Malvasia (malmsey wine), 482, 483, 484. 

Man, Joseph, deposition, 273-275. 

Mandeville, _Viscount_ (Edward Montagu), 3. 

Mangalore, 175. 

Manning, _Capt. _ George, 78. 

Mansfield, _Lord_ (William Murray), 567. 

Manzanillo, 538, 542, 554. 

Marblehead, Mass. , 278 n, 302; ship, 389. 

Marero, Marcelino, 537, 554. 

Mariegalante, W. I. , 190 n. 

Marion, Joseph, deputy secretary, 298, 302. 

Markham, _Sir_ Clements, 128 n, 129 n. 

Markham, _Gov. _ William, 153 n. 

Marques, Antonio, 28. 

Marques, Jacobus, 120-121. 

Marriott, Sir James, _Formulare Instrumentorum_, 525 n. 

Mars, privateer, articles of agreement, 581-585. 

Marsden, Reginald G. , article, 2 n; _Law and Custom of the Sea_, 2 n, 252 n, 312 n, 347 n, 361 n, 442 n; _Reports of Cases, High Court of Admiralty_, 530 n, 567 n. 

Marshall, James or Joseph, 385, 395, 397, 416, 417, 425. 

Marshall, Jarvis, 188. 

Marshall, Chief Justice John, 442 n. 

Marshall, Joseph, _see_ Marshall, James. 

Marshall, _Capt. _ Peter, 463, 465. 

Marshall, Ralph, J. P. , 175. 

Marston, Nathaniel, 530 n, 531. 

Martha's Vineyard, 436. 

Martin, Abraham, 364. 

Martin, Bartholomew, deposition, 31. 

Martin, Francois, 209 n. 

Martin, Thomas, 41. 

Martines, Bernardo, 537. 

Martinique, privateers at, 42, 276-277, 332. 

_Mary_, brigantine, prize, 326-327. 

_Mary_, privateer, 525. 

_Mary Anne_, pink, 291, 296, 297, 303, 304, 306. 

_Mary Gold_, 247. 

Mascaregne, island, 169, 177. 

Mason, _Capt. _, pirate, 177. 

Massa, _Prince of_, _see_ Navarra y Rocaful. 

Massachusetts, _Acts and Resolves of the Province_, 278 n, 320 n, 323 n, 517 n; agent, 449 n; archives, documents from, xv, 17-46, 188-189, 218-219, 224, 290-293, 323-345, 492-502, 516-517; Court of Assistants, 17-26, 138, (_Records of_, 70 n, 73 n, 74 n, 145 n); House of Deputies, 25-26; _Records_, 26 n, 71 n, 74 n; Superior Court, 147-152, 179. 

Massachusetts, Colonial Society of, _Publications_, 152 n, 278 n, 285 n, 318 n, 347 n, 413 n. 

Massachusetts Historical Society, _Collections_, 217 n, 278 n, 291 n, 314 n; documents from, xv, 152-153, 276 n, 378-431, 444-473; _Proceedings_, 148 n, 226 n, 318 n, 454 n, 465 n. 

Masson, 150. 

Masters, John, 327, 331; deposition, 329. 

Mather, Rev. Cotton, 240 n; _Converted Sinner_, 344 n; _Diary_, 306 n, 344 n; _Instructions to the Living_, 306 n; prayer, 280-283. 

Matinicus, island, 302. 

Mauratan, 183, 184. 

Mauricius, _Gov. _ Jan Jacob, 512. 

Mauritius, island, 176. 

Maverick, Samuel, 32 n. 

_Maxwell_, privateer, 573 n. 

May, Tulip, 394, 416. 

May, Isle of, 147, 150, 151, 165, 175, 182. 

_Mayflower_, buccaneer's prize barque, 103, 104, 106. 

Mayo, George, 345. 

Maze, William, 218. 

McCrady, Edward, _History of South Carolina_, 211 n. 

McGillicuddy, _Capt. _ Dennis, privateer, 581. 

McKeneys, _see_ McKickings. 

McKenley, Duncan, 383, 384, 386; quartermaster, 392, 393, 394, 397, 416. 

McKenney, Barney or Bryan, 385, 395, 397, 416. 

McKickings, Peter, 395, 397, 416. 

McMullen, _Capt. _ Alexander, 506, 508. 

Mecca, 157 n, 159. 

Medicines, bill for, 456-461. 

Mediterranean passes, 360, 363, 376; receipt for, 373. 

Medrano, _Dr. Don_ Ambrosio de, 560, 562, 563. 

Medrano, _Ensign Don_ Gerónimo de, declaration, 560-561. 

Meeres, James, Jr. , declaration, 147-149. 

Mehila, island, 206. 

Mekennie, _see_ Makemie. 

Melidoni, _see_ Milidony. 

_Memorias de los Vireyes del Perú_, 101 n, 107 n, 123 n. 

Menzies, Hugh, 315 n. 

Menzies, John, admiralty judge, 305 n, 324, 338; letter, 318-323. 

Mérida, Yucatan, 134. 

Merry, Ralph, deposition, 301. 

Messenmaker, Johan, 240 n. 

Mestizo, 102 n. 

Mestre, _Mr. _, 480, 483, 484. 

Mexican, pirates of, 278 n. 

Mexico, 134. 

Michelson, Henry, pirate, 142. 

Michie, James, admiralty judge, commissions, 517-518, 519-523. 

Middelburg, Zeeland, 140. 

Middlesex County, Va. , 260. 

Middleton, Arthur, 287, 289. 

Middleton, Philip, 166 n; affidavit, 171-174. 

Milidony, _Capt. _ Juan, 476, 480-483, 486-490; bill of lading, 483-484; bill of sale, 477-479. 

Miller, Christopher, privateer lieutenant, 530 n, 538, 540, 557. 

Miller, John, pirate, execution, 278-284. 

Miller, Thomas, 530 n, 531 n, 535, 536, 550, 552, 556; appeal, 569. 

Minnens, Hugh, 315. 

Minors or Minot, _Mr. _, schooner at Newfoundland, 328 n, 340, 341. 

Minot, _Col. _ Stephen, 302. 

Mitchell, Thomas, declaration, 74-76. 

Mocha, 156-159, 168, 193. 

_Mocha_, 178, 198 n, 200, 203, 209; _see also_ _Resolution_ (2). 

_Modern Reports_, 378 n. 

_Modest Enquiry, A_, 240 n. 

Moedes, Antony de, 13, 14. 

Mogul, _see_ Aurangzeb. 

Mohelli, island, 167, 193, 197. 

Mohammedan, pirate turned, 240; _see also_ Moors. 

Mole-Saint-Nicolas, 421 n, 422. 

Molton, Jeremiah, 501. 

Mompesson, Roger, admiralty judge, 517 n. 

Mona, island, W. I. , 204, 211, 233, 235, 246, 247. 

Money, colonial, _see_ Currency. 

Monhegan, island, 302. 

Monition, 454 n. 

Monte Christi, Ecuador, 117. 

Montego, 211. 

Montgomery, _Capt. _, 295. 

Montserrat, W. I. , 42, 141 n. 

Moone, William, 405, 412, 413, 415, 430. 

Moor, _Capt. _, 327. 

Moore, _Lieut. -Gov. _ Henry, 541 n. 

Moore, William, 251 n, 254. 

Moors (Mohammedans of India), 168, 169, 176, 181, 183, 184, 197, 203, 208, 225, 255. 

Mora de Sama, 108. 

Morgan, _Capt. _, 4. 

Morgan, _Col. _ Edward, 39. 

Morgan, Evan, 395, 397, 416. 

Morgan, _Gov. Sir_ Henry, 84 n, 99 n, 100; letter, 133-135. 

Morrice, _Capt. _ John, 36, 37. 

Morrice, _Lieut. _ Thomas, 24, 25. 

Morrine, John, pirate, 142. 

Morris, Elizabeth, maid, 219 n. 

Morris, Gouverneur, 529 n. 

Morris, _Capt. _ Isaac, 309. 

Morris, _Gov. _ Lewis, 529 n. 

Morris, Lewis, admiralty judge, 518 n, 529, 542, 567 n, 569, 573 n, 574. 

Morris, Lewis, "Signer, " 529 n, 574 n. 

Morris, Owen, 307. 

Morris, Philip, 400. 

Morris, Richard, admiralty judge, 321 n, 517 n, 529 n, 533, 573 n. 

Morris, Staats Long, 574. 

Mortimer, _Capt. _ Robert, 332. 

Moseley, _Capt. _ Samuel, 80. 

Mostyn, _Capt. _ Thomas, 186. 

Motta, 193. 

Mues, _Capt. _ William, 167. 

Mumford, William, 468, 576. 

Munro, Benjamin, deposition, 510-512. 

Munro, W. H. , _History of Bristol_, 513 n; _Tales from an Old Sea Port_, 511 n, 572 n. 

Murphy, Henry C. , _Journal of a Voyage to New York_, 182 n. 

Muscat, 175. 

Muslin, 163 n. 

Muster-roll, 361 n. 

Myerhoffer, Henry, 537, 540, 541, 543, 546, 548, 549, 554, 565, 566. 

Naine, 120. 

Nanfan, _Lieut. -Gov. _ John, 197, 228. 

Nansemond County, Va. , 262 n. 

Nantasket, Mass. , 145 n, 291, 296, 303. 

Nantes, 420, 503, 504. 

Nantucket, sloop, 394. 

Nantucket Sound, 291 n. 

Naos, island, 99 n. 

Narbrough, _Sir_ John, R. N. , 135. 

Naskeag, Maine, 75, 78. 

Nason, _Sir_ Charles Henry Frankland, 413 n. 

Nassau, Bahamas, 1 n; _see also_ New Providence. 

_Nassau_, 182, 198. 

Nassau Island, _see_ Long Island. 

Nauset Island, 297 n. 

Nauset Light, 292 n. 

Naushon, island, 319 n. 

Navarra y Rocaful, _Don_ Melchor de, viceroy, 123, 124. 

Navarette, Antonio, 537. 

Navy Office, 451, 452. 

Negro, certificate of freedom, 586. 

Negro Conspiracy, 385 n. 

Negroes, 180-187. 

Netherlands, Spanish war with, 3 n, 13-17, 19 n; war with France, 74 n. 

Nevis, 141 n, 142 n; buccaneers at, 136, 137. 

Newcastle, _Duke of_ (Thomas Holles Pelham), 383. 

_New England Historical and Genealogical Register_, 190 n, 297 n, 329 n, 330 n, 344 n, 345 n. 

Newfoundland, banks, 314; ship from, 391; sloop, 389. 

Newgate, 245 n, 253, 256. 

New Hampshire, _State Papers_, 139 n; vote of council, 139 n. 

New Holland (Maine), 74 n. 

_New Jersey Archives_, 144 n, 556 n. 

Newport, R. I. , Trinity Church, 223 n. 

_Newport Historical Magazine_, 581 n. 

New Providence, 1 n, 160-162, 169, 171, 172, 178, 180, 317 n, 401, 425; _Revenge_ at, 405-415. 

Newton, A. P. , _Colonizing Activities of the English Puritans_, 1 n, 2 n. 

New Utrecht, 199. 

Newy, _Capt. _ Charles, 252. 

New York Admiralty Court, 143; documents from, xv, 529-571, 581-586. 

New York City, _Revenge_ at, 383-392; ships from, 177, 183, 186, 198; sloop, 213; surrogate's office, documents from, xv, 141-144. 

New York Colony and State, archives, documents from, xv, 9-17, 187; _Assembly Journals_, 190 n; _Calendar of Council Minutes_, 144 n, 222 n, 534 n, 535 n, 548 n; _Calendar of Historical MSS. _, 530 n, 534 n, 581 n, 586 n; _Colonial Documents_, 182 n, 211 n, 222 n, 277 n, 386 n, 423 n, 529 n, 531 n; _Documentary History_, 534 n. 

New York District Court, _see_ New York Admiralty Court. 

_New York Gazette_, 573 n. 

_New York Genealogical and Biographical Record_, 529 n, 581 n. 

New York Historical Society, _Collections_, 219 n; _Publications_, 529 n, 534 n. 

_New York Mercury_, 556 n, 581 n. 

New York Public Library, 454 n, 465 n; document from, xv, 346-347. 

Nichols, B. R. , _Argument in Peele vs. Merchants Insurance Co. _, 347 n. 

Nichols, Jonathan, agreement, 463-465. 

Nichols, Richard, admiralty register, 534, 542. 

Nicholson, _Gov. _ Francis, 273, 274 n; letter to Capt. Passenger, 268-269; letters to, 264-266, 267-268, 269-270; orders, 259-262. 

_Nicholson_, 272, 274. 

Nicoll, Benjamin, 573 n. 

Nicolls, William, 144. 

Nicoy, gulf of, 119-121. 

Nieuwebrugsteeg, Amsterdam, 366. 

Night-gown, 429 n. 

Nixon, Samuel, 415, 416, 417, 419. 

Noble, John, article, 347 n. 

Nodal, Bartolomé and Gonzalo, 128; _Relacion_, 128 n, 129 n. 

Noddle's Island, 345 n. 

Noel, Garret, interpreter, 534, 542, 555. 

Noiret, Franssoys, 15, 17. 

Norden, Nathaniel, 324, 338. 

Nore, The, 205. 

Norfolk County, Va. , 262 n. 

Norman, Moses, 304. 

North Carolina, _Colonial Records_, 535 n, 548 n; _State Records_, 409 n. 

Northumberland County, Va. , 260. 

Northwood, Timothy, 384, 389, 395, 416, 417, 418, 424. 

Norton, Benjamin, Sr. , 318-319, 320. 

Norton, _Capt. _ Benjamin, of the _Revenge_, 319, 431-435, 437, 439; accounts against, 453-461; agreement, 463-465; appeal, 443, 444; commission, 378-381; instructions to prize crew, 425; journal of cruise, 381-429 (sails from Conanicut, 382; from Sandy Hook, 393; captures sloop, 399; at New Providence, 405-415; captures _Invencible_ and _Sarah_, 423); letter to owners, 425-429. 

Norton, _Prof. _ Charles Eliot, 379 n, 381 n, 471 n. 

Norton, Richard, negro, 384, 395, 416. 

Nottingham, _Earl of_ (Daniel Finch), 276. 

Nowell, Increase, 18. 

Noyes, Oliver, 298. 

_Nuestra Señora de los Dolores y Animas_, privateer, 507, 509, 510. 

Nugent, Robert, 567. 

Nutt, John, pirate, 323 n, 325, 328, 329, 331, 339, 340. 

Nuttall, _Mrs. _ Zelia, _New Light on Drake_, 116 n. 

Nymwegen, treaty, 82 n, 84 n. 

Oates, Titus, 229. 

Obispo, 116 n. 

Ocracoke Inlet, 399, 410. 

Ogle, _Admiral Sir_ Chaloner, 317 n, 363, 469 n. 

Ogleby, James, 384, 394, 397, 416. 

Oglethorp, Richard, 257 n. 

Oglethorpe, _Gen. _ James, 402, 404 n, 543 n. 

Old Point Comfort, 265 n. 

Oliver, _Capt. _ James, commission, 32-33. 

Oort, John, 218 n. 

Orange, prince of, 5, 15, 16, 78, 79; _see also_ William III. 

Orchard, _Capt. _, 68. 

Orchilla, W. I. , 514. 

Orford, _Earl of_, _see_ Russell, _Sir_ Edward. 

Orleans, Mass. , 293 n. 

Orr, Patrick, interpreter, 476. 

Orvilliers, _Gov. _ d', 511 n. 

Osborn, _Col. _ Roger, 42. 

Osnaburgs, 396. 

Oswald, Richard, and Co. , 508. 

Otis, Amos, article, 297 n. 

Otis, James, 300 n. 

Otis, _Col. _ John, 300. 

Overing, John, 442; bond, 443-444. 

Oyapoc, Guiana, 511, 512 n, 513. 

Oyster Bay, 214. 

Oyster-pond Bay, 223. 

Paas, _Capt. _ John, 514, 515. 

Paddisson, George, pirate, 142. 

Padilla, Joseph, notary, 375. 

Page, John, 41. 

Paine, Ralph D. , _Book of Buried Treasure_, 216 n, 236 n, 251 n, 278 n. 

Palanqui, _Capt. _, French privateer, 572. 

Palfrey, John G. , _History of New England_, 253 n. 

Pallot, John, 501. 

Palmas, Canary, 373 n. 

Palmer, _Capt. _ Benjamin, 409 n. 

Panama, 84; attack of buccaneers on, 99-101. 

_Pandour_, privateer, 477 n. 

Pane, John, 68. 

Panous, _kh[=o]jah_, 159. 

Paracelsus, plaster of, 457 n. 

Parieveck, _Capt. Don_ Pedro de, 510. 

Parragon, 53. 

Parrott, Hugh, 221. 

Parsons, John, 325. 

Parsons, Joseph, 345. 

Partridge, Richard, colonial agent, 575 n. 

Pasco, _Capt. _ John, 392. 

Passenger, _Capt. _ William, R. N. , 259 n, 265-268, 270, 273, 274; letter of Nicholson to, 268-269; libel by, 271-272. 

Passes, French, in Kidd's case, 208, 209, 225, 248, 251. 

Patagonians, 127. 

Pater Vaer, Hendrick Jacobsen, 9-11. 

Patta, 166. 

Patterson, Robert, 423, 429. 

Patuxent River, Md. , 62, 65. 

Paul, _Dr. _ George, 449, 451, 453, 454, 456; opinion, 446-447. 

Payne, Henry, trial, 330-338. 

Payne, John, deputy register, 354, 378, 439, 442, 444. 

Payne, Thomas, 240, 241; letter of Sarah Kidd to, 223-224. 

Payta, 107, 125, 136, 137. 

_Peace_, _see_ _La Paix_. 

_Pearl_, 167. 

Pearl Islands, Panama, 99. 

Pearson, John, 501. 

Pease, of Newport, 320. 

Pedereros, 109 n, 544 n. 

Pedro, negro, 343. 

Pedro Sancho, negro, 411. 

Peewey, John, 501. 

_Peggy_, privateer, 530-534, 536, 541, 542, 544-548, 552, 554, 556-559, 568. 

Pemaquid, Maine, 25, 75, 77, 302. 

Pemberton, _Rev. _ Ebenezer, 451 n. 

Pendleton, Brian, 30, 31, 32, 43. 

Pendleton, Samuel, admiralty judge, decree, 450-451. 

Penedo, Rodrigo Francisco, 479. 

Penley, _Capt. _, 277. 

_Pennsylvania_, province frigate, 474 n. 

_Pennsylvania Archives_, 474 n. 

Pennsylvania District Court, _see_ Philadelphia Admiralty Court. 

_Pennsylvania Gazette_, 473 n, 503 n, 506 n, 512 n, 530 n. 

_Pennsylvania Magazine of History_, 474 n, 477 n, 504 n, 507 n. 

_Pennsylvania Merchant_, 272. 

Penrice, _Sir_ Henry, letter, 312-313. 

Peralta, _Don_ Francisco de, 99, 100, 105, 107, 110, 111. 

Perdomo, _Capt. _ Francisco, 450. 

Pereda, Antonio, 487-489, 491; declaration, 485, 486. 

Pereda, Estevan, 485, 488. 

Pereira da Cunha, Francisco, 28. 

Peres, Cayetano, 537, 539. 

Perico, island, 99, 101. 

Perim, island, 167 n. 

Perkins, A. T. , _Sketch of the Family of Dumaresq_, 357 n. 

Perkins, Samuel, deposition, 175-178. 

Perry, mate, 346. 

Persia, 154, 156. 

Persian Gulf, 185. 

Perwalle, Pierre, 41. 

Petel, Jean, 504. 

Peterson, Erasmus, pirate, execution, 278-284. 

Petit Goave, Haiti, 132, 133 n, 295, 304, 471. 

Petty, _Sir_ William, _Political Anatomy of Ireland_, 163 n. 

Peylton, _Capt. _, 277. 

Pezuela, _Historia de Cuba_, 420 n. 

_Pharmacopeia Coll. R. Med. Londinensis_, 457 n. 

Philadelphia, _Memorial History_, 474 n, 508 n. 

Philadelphia, sloop from, 419. 

Philadelphia Admiralty Court, documents from, xv, 473-492, 502-510; case of the _Princess of Orange_, 473-492. 

Philip, _King_, 81 n, 175 n. 

Philipse, Frederick, 182, 183, 186, 217. 

Philipse, Mary, 182 n. 

Phillips, John (1), pirate, 141 n, 323 n, 325, 328, 329, 331, 334, 339-343. 

Phillips, _Capt. _ John (2), 332. 

Phillips, William, pirate, 323 n, 342; trial of, 330-338. 

Phipps, Spencer, 324, 338. 

Phips, _Gov. Sir_ William, 145 n, 152 n, 186 n. 

Phoenix, Jacob, 222. 

Pickard, pirate, 70. 

Piedsnoirs, _Capt. _ François, 503-505. 

Piegnon, _Capt. _ Jacques, deposition, 502-506. 

Pierre, negro, 332, 343. 

Pietersen, Claes, petition, 138-141. 

Pinckney, _Gov. _ Charles, 518 n. 

Pinckney, William, deputy secretary, 518. 

_Pine Tree_, case, 440 n. 

Pinhorne, William, 144. 

Pink, 262 n. 

Pintles, 59. 

Piracy, agreement to commit, 141-142; commissions for trial, 143-144, 286-290, 577-580; definition, ix; famous cases, xiv; procedure in trials, xiii; punishment, 217. 

Piscataqua, _see_ Portsmouth. 

Pitt, William, the elder, _Correspondence_, 529 n, 535 n. 

Pittman, _Capt. _, 430. 

Pittman, Ezekiel, 501. 

Plains, 55. 

Plantan Key, 98. 

Plumb, _Capt. _, 316 n. 

Plummer, _Capt. _, 316. 

Plymouth, Eng. , 64, 136, 137, 170, 206. 

Plymouth, Mass. , 72, 258. 

Pochet Island, 297. 

Pollard, Benjamin, notary, 499, 501; sheriff, 502. 

Ponce, _Capt. _, 422 n, 423, 437. 

Ponce, Antonio, notary, 555. 

Ponsonby, _Capt. _ Henry, 277. 

Popple, William, secretary, 232, 243 n. 

Port-au-Paix, Haiti, 573. 

Port-au-Prince, Haiti, 471 n; privateers at, 571. 

Porteen, _Capt. _, 136, 137. 

Porter, _Capt. _, 277. 

Portland, _Duke of_, documents from xv; _see_ Welbeck Abbey. 

_Portland MSS. _, 205 n, 219 n, 251 n, 252 n. 

Portledge bills, 51, 486-487. 

Port Louis, Guadeloupe, W. I. , 573 n. 

Port Morant, Jamaica, 85, 387. 

Portobello, 84 n, 472; buccaneers' attack on, 84-92. 

Porto Rico, 196, 245, 246, 258. 

Port Orient, _see_ Lorient. 

Port Royal, Jamaica, 30, 31, 35, 541, 543. 

Portsmouth, N. H. , 31, 32, 41, 43, 44, 48-51, 60-63, 66, 67, 72, 139. 

_Portsmouth Adventure_, 167, 168, 169, 171. 

Portugal, brigantine, 327, 331; privateering commission from, 27-28. 

Portuguese vessels, and Kidd, 194, 207, 255. 

Potter, E. R. , and S. S. Rider, _Bills of Credit of R. I. _, 391 n. 

Potter, Gideon, 384, 395, 397, 416. 

Potter, Jeffery, Indian, 513. 

Potter, _Capt. _ Simeon, 387, 510 n, 511-514, 572 n. 

Prada y Nieto, Diego de, deposition, 508-510. 

Pratt, F. T. , _Law of Contraband of War_, 347 n, 442 n. 

Prayer-book, 297 n. 

Press-gang, 390. 

Price, sailor, 392. 

Prince, _Capt. _ Laurence, 295, 307. 

_Prince Charles of Lorraine_, privateer, 387 n, 572 n; papers, 510-514. 

_Princess_, 316 n. 

_Princess Anne_, prize, 277. 

Princess Anne County, Va. , 262 n, 266 n, 267. 

_Princess of Orange_ (1), snow, prize case, 473-492. 

_Princess of Orange_ (2), prize, 525. 

Principe, island, 166. 

Privateering, defined, ix; essential documents, x; procedure as to prizes, xi, xii, xiii. 

Privateers, accounts, 415, 417; commissions, 378-381; instructions, 347-354; news of, 571-573. 

Privy Council, 451 n. 

Privy Council Office, London, documents from, xv, 153-165, 318-323. 

Prize cases, appeals, xii, xiii, 442, 453 n; procedure, xi-xiii, 275-276. 

Prize courts, xi, xii, 312-313, 524-525; for appeals, xii, xiii; _see also_ Commissioners for Appeals in Prize Causes. 

Prizes, xi, 349-352; accounts, 412, 534-535; division of proceeds, 152-153, 396, 416, 417; recapture, 408, 432, 439-442, 442 n; warrant to try, 524-525. 

Proctors, 439 n; accounts, 453-456, 468-470. 

Protest, of Capt. Mackay, 369-370; of sailors of the _Hawk_, 499-501. 

_Providence_, retaken prize, 46-67; inventory, 51-61. 

Providence Island, Caribbean, documents, 1-8; Company of, 1-3. 

Providence Island, Madagascar, 317 n. 

Province House, Boston, 226 n. 

Provisions, on _Revenge_, 384. 

Prussia, _see_ Brandenburg-Prussia. 

Prynne, _Capt. _ Nicholas, 62. 

Psara or Psyra, island, 534, 549. 

Public Record Office, London, documents from, xv, 1, 133-137, 165-178, 180-187, 190-196, 200-218, 220-244, 275-276, 285-286, 312-313, 355-356, 573-580. 

Pueblo Nuevo, 101, 103. 

Puerto de Bastimentos, 89. 

Puerto Pee, 88. 

Punta Aguja, 108. 

Punta Espada, 247. 

Punta Santa Elena, 105, 106 n, 117. 

Pym, John, 1 n, 3. 

_Quedah Merchant_, Kidd's chief prize, 195, 202, 208, 209, 210, 211, 214, 218, 225, 230, 231, 232-237, 246-249, 255. 

_Queenborough_, H. M. S. , 196. 

_Queen of Bohemia_, 6. 

Queen's Head Inn, Boston, 258. 

Quelch, _Capt. _ John, 152 n; piracy case, 278-284; _Arraignment, Tryal, and Condemnation of_, 284. 

Quibo Nueva, 101. 

Quick, Cornelius, 222, 223. 

Quinborough, _see_ Königsberg. 

Quintor, Hendrick, pirate, trial, 303-306. 

Quito, 107 n. 

Raddon, _Capt. _ Thomas, 47, 63, 64; petition, 67. 

Rajpur, 175. 

Rameres, Manuel, notary, 555. 

Rams, Christiaen Pietersen, 9-11. 

Ramsey, William, 392, 416. 

Randolph, Edward, 167 n. 

Raphe, Francisco, 537, 548, 549, 550; deposition, 533-534. 

Rappitt, Thomas, 495. 

Ratcliff, London, 37. 

Rawson, Edward, secretary, Massachusetts, attests documents, 18, 19, 25, 26, 36, 39, 40, 49, 50, 51, 64, 66, 67, 71, 139, 141. 

Ray, _Esquire_, 170. 

Rayner, _Capt. _ Josiah, pirate, 177, 181, 187. 

Read, Ephraim, 395, 416, 417, 419. 

Read, John, 358. 

Read, William, agreement, 463-465. 

Reading, _Capt. _ John, 277. 

Red Sea, 156, 167, 169, 178, 182-185, 197, 203, 218. 

Redwood, Abraham, 211 n. 

Reed, _Capt. _, 327, 340. 

Reers, _Capt. _ Cornelius, 138. 

Remedios, Panama, 101 n. 

Renals, John, pirate, 142. 

Renick, John, 461. 

_Resolution_ (1), 175, 178, 184, 185, 187, 200. 

_Resolution_ (2), 198 n, 200; _see also_ Mocha. 

Ressell, John, 63. 

Réunion, island, 169. 

_Revenge_ (1), privateer sloop, 378-473; accounts, 429-431, 461-462; agreement with the _Success_, 463-465; appeal case, 442-450, 451-455, 468-470; commission, 378-381; journal of cruise, 381-429; medicines, 457-461; prize case, _Sarah_, 431-442; _St. Joseph de las Animas_, 450-451. 

_Revenge_ (2), English privateer, 469. 

Rex _vs. _ Broom, 378 n. 

Rhett, Sarah, 406 n. 

Rhode Island, admiralty court, 450-451, 465 n, 469; archives, documents from, xv, 510-515; _Colonial Records_, 285 n, 346 n, 382 n, 429 n, 514 n, 575 n, 576 n; fugitives to, 73, 304; petition to, 346-347; pirates in, 189, 240, 241, 243, 244, 319, 578; pirates of, 176, 201; privateering commissions, 285-286, 378-381; vessels, 213, 218, _see also_ _Revenge_. 

_Rhode Island Historical Tracts_, 576 n. 

Rhodes, John, piracy case of, 74-81. 

Richards, _Capt. _ Edward, 525. 

Richards, _Capt. _ James (or John), 294, 295, 307, 308, 310. 

Richardson, Ebenezer, 514. 

_Richmond_, H. M. S. , 131. 

Richy, _Capt. _ 171. 

Rider, S. S. , and E. R. Potter, _Bills of Credit of R. I. _, 391 n. 

Riggs, _Capt. _ Richard, 390. 

Righton, Richard, 415, 416. 

Ringrose, Basil, narrative of buccaneers, 84 n, 92 n, 102 n, 104 n, 109 n, 112 n, 113 n, 116 n, 124 n, 127 n. 

Rio de la Hacha, 245. 

Rio Higuey, 218 n. 

Rio Romano, 218 n. 

Rio Santa Lucia, 101 n. 

Risby, _Capt. _, 170. 

Roach, Peter, pirate, execution, 278-284. 

Roberts, _Capt. _ Bartholomew, pirate, 141 n, 313-319. 

Roberts, Ben, 371. 

Roberts, Samuel, 301. 

Robinson, Christopher, _Reports_, 440 n, 442 n, 525 n. 

Rochelle, ship from, 421. 

Rochester, Eng. , 171. 

Rodier and Lecire, 480, 482, 484. 

Rodríguez, Emanuel, 21. 

Rodriguez, Francisco, declarations, 485, 486, 489-492. 

Rodríguez, Peter, piracy case of, 74-81. 

Rogers, _Capt. _, of Bristol, Eng. , 316, 317. 

Rogers, Tempest, pirate, 257, 258. 

Rogers, _Gov. _ Woodes, 144 n. 

Rôle d'équipage, 361 n. 

Romney, _Earl of_ (Henry Sidney), 190 n. 

Roncadores, shipwreck on, 5, 6. 

Ronquillo, _Don_ Pedro de, 132 n. 

Rooke, _Adm. Sir_ George, 188. 

_Rosario_, prize of buccaneers, 124, 132 n, 135-137. 

_Rose_, H. M. S. , 145 n, 405, 406 n, 414. 

Rotterdam, seal, 571 n. 

Round robin, 249. 

_Rouparelle_, prize, 208. 

Rous, _Capt. _ John, R. N. , 359, 362, 463 n, 494, 514. 

Row, of Dublin, 315. 

Row, _Capt. _ John, buccaneer, 85, 91. 

Royal African Company, 141 n, 144 n, 378 n, 405 n; _see also_ Royal Company of Adventurers. 

Royal Company of Adventurers, 37; _see also_ Royal African Company. 

Royo, _Don_ Juan Antonio de, 560. 

Ruggles, John, 249 n. 

Russell, _Capt. _, Nantucket, 394. 

Russell, _Col. _, Barbados, 183. 

Russell, _Mr. _, Massachusetts, 209. 

Russell, Chambers, admiralty judge, 575 n. 

Russell, _Adm. Sir_ Edward, 188, 190 n, 247, 250 n, 252 n. 

Russell, John, 63. 

Russell, Joseph, 512. 

Russell, Richard, 25 n, 71. 

Ryant, John, 388. 

Ryswyk, treaty, 189 n, 209 n. 

Saba, W. I. , 294, 307, 310. 

Sable Island, 329. 

"Sacrament, " 208. 

St. Albans, Eng. , 171. 

_St. Anne_, prize case, 502-506. 

_St. Anthony_, piracy case, 68-73. 

_St. Anthony_, Kidd's sloop, _see_ _San Antonio_. 

St. Augustine, Fla. , 399, 400, 402, 409, 410, 414, 427, 543 n. 

St. Augustine's Bay, Madagascar, 177, 182, 184, 192. 

St. Christopher, W. I. , 4, 277 n, 450 n. 

St. Croix, Virgin Islands, 294. 

St. Domingo, city, 249. 

St. Eustatius, W. I. , 257 n. 

St. Helena, 177. 

_St. Jacob and Philip_, 276. 

St. John, N. B. , 74 n, 79. 

St. John, Virgin Islands, 294 n. 

_St. John_, Portuguese privateer, 42. 

_St. John_, snow, prize, 449, 452, 453, 500. 

St. Johnstown, Ireland, 170. 

_St. Joseph de las Animas_, schooner, prize, 450, 451 n, 452. 

St. Leidgen, _Capt. _, 400. 

St. Louis, Haiti, 472. 

St. Lucia, W. I. , 319. 

St. Malo, France, prize from, 503, 504, 505. 

St. Marc, Haiti, 140, 141, 471. 

St. Martin, W. I. , 139, 190 n. 

St. Mary's, island, Madagascar, 169, 176, 180-187, 198, 199, 201, 205, 209. 

_St. Michael_, Bristol, 294, 305, 307, 308, 309. 

St. Pierre, island, 326, 339, 340. 

_St. Stephen_, sloop, privateer, 573 n. 

St. Thomas, Virgin Islands, 132, 133, 276, 277; governor of, 230; his letter to Bellomont, 232-236; Kidd at, 196, 203, 211, 230, 232-236; pirates at, 257 n; sloop from, 388. 

_Salamander_, prize case, 138-141. 

Salem, Mass. , 19. 

Sales, prize, account of, 534-535. 

Sallam, _see_ Sollam. 

Salter, John, 328. 

Salusbury, _Sir_ Thomas, admiralty judge, 530 n, 575 n. 

Samer, _Don_ Issario Antonio, 373, 374. 

Sampford, Edward, 383, 384, 386, 388. 

_Samuel_, 313. 

_San Antonio_, Kidd's sloop, 211, 212, 216 n, 218 n, 232 n, 245-247. 

San Bernardo, islands, 86. 

San Blas Islands, 85. 

Sandford, _Gov. _ Peleg, 238, 241, 243. 

Sandy Hook, 142 n, 199, 388, 393, 425, 573 n. 

Sandys, _Lord_ (Samuel Sandys), 567. 

San Juan de los Remedios, Cuba, 560. 

San Lucar de Barrameda, Spain, 536, 542, 560. 

Santa Catalina, island, Hispaniola, 212, 218 n. 

Santa Catalina, _see_ Providence Island. 

Santa Cruz, Barbary, 487. 

Santa Cruz, Teneriffe, 357, 360, 373 n, 374, 375, 477, 479, 480, 483, 484. 

Santa Maria, Panama, 96-98, 100, 103. 

Santen, Lucas, 144. 

Santiago, Cape Verde, 191, 206. 

Santiago de Chile, 135, 136. 

Santiago de Cuba, 419. 

Santiago de la Vega, 305 n; _see also_ Spanish Town. 

Santo Domingo, negro, from, 586. 

Santo-May, _see_ May, Isle of. 

Sao Thomé, island, 166 n. 

_Sarah_, brigantine, prize, 423, 427, 428, 432, 435, 443, 454; decree in case of, 439-442; letters, 448-450, 451-453; opinions, 444-447. 

Sarmiento de Gamboa, Pedro, 116 n. 

Saunders, Peter, 400. 

Saunderson, Richard, 400. 

Savage, Thomas, 36. 

Saveti, Daniel, interpreter, 461. 

Savannah, 543 n. 

Savona, island, 212, 247. 

Sawkins or Sawlkins, _Capt. _ Richard, 84 n, 90; on the Isthmus, 92, 97; chief commander of buccaneers, 100-103. 

Saye and Sele, _Viscount_ (William Fiennes), 3. 

Sayer, Everard, proctor, 448; account, 453-456. 

Scarburgh or Scarborough, _Col. _ Charles, letter to Nicholson, 264-266. 

Scarlett's Wharf, Boston, 279. 

Scepter, 198. 

Schmidt, _see_ Esmit. 

Schouten, W. C. , 128 n. 

Schück, R. , _Brandenburg-Preussens Kolonial-Politik_, 138 n, 235 n. 

Scilly Isles, 64. 

Scotland, ships, 295. 

_Scots Brigade in Holland_, 360 n. 

Scott, James, admiralty judge, 407. 

Scott, Peter, 501. 

Scott, _Sir_ Walter, _The Pirate_, 315 n. 

Scudamore, Christopher, pirate, execution, 278-284. 

_Sea Flower_, 171. 

Seager, Reynolds, quartermaster, 495. 

Sea-letter, 361 n, 364, 515. 

Seals, municipal, 571 n. 

Searle, _Gov. _ Daniel, letter, 21-23. 

Seaward, John, 501. 

Seddon, Samuel, solicitor, 577 n, 578. 

Seignelay, _Marquis de_, letter, 82-83. 

Selkirk, Alexander, 113 n. 

Sennett, John, 66. 

Sequins, 171. 

Sergeant, Peter, 226 n. 

Seroons, 465 n. 

Severs, Thomas, 47. 

Seville, 508. 

Sewall, Samuel, judge, 151; _Diary_, 216 n, 217 n, 278 n, 314 n, 323 n. 

Sewall, _Maj. _ Stephen, 278 n. 

Seymore, _Capt. _ Edward, 392. 

Shalloon, 58. 

Shapleigh, _Maj. _ Nicholas, 73 n, 79 n. 

Sharp, Bartholomew, and company of buccaneers, xiv, 84-137; in attack on Portobello, 84-87, 90; on the Isthmus, 92; at Panama, 98-101; chief commander, 103, 109; deposed, 112; chief commander again, 115, 118, 119, 121, 130, 132, 133 n, 134, 136, 137; _Voyages and Adventures of_, 85 n, 92 n, 120 n, 124 n, 129 n. 

Sharrett, Paul, petition, 138-139. 

Shaw, Peter, deposition, 272-273. 

She, Darby, 372. 

Shearith Israel, Hebrew congregation, 536 n. 

Shelley, _Capt. _ Giles, pirate, 197 n, 198, 199, 242. 

Sherrard, _Rev. _ Hope, 6. 

Sherwood, _Capt. _, 277. 

Sherwood, Joseph, colonial agent, 575 n. 

Shipton, pirate, 346. 

Shirk-hooks, 59. 

Shirley, _Gov. _ William, petitions to, 492-494, 501-502, 516-517; _Correspondence_, 516 n. 

_Shivers_, _see_ _Chivers_. 

_Shoreham_, H. M. S. , 259 n, 265, 266 n, 268, 270-274, 287. 

Shrewsbury, _Duke of_ (Charles Talbot), 190 n. 

Shrimpton, Epaphras, 149. 

Shrimpton, _Col. _ Samuel, 147, 149 n, 150, 152, 182. 

Shuan, John, pirate, trial, 303-306. 

Shute, _Gov. _ Samuel, 291 n, 305 n, 309; letters to, 290-293, 299-300. 

Sibbald, _Capt. _ John, 473 n, 474, 475, 477 n. 

Silver oar, 279. 

Silvester, deputy register, 559. 

Simons, Nicholas, petition, 346-347. 

Simpson, Sampson, 530 n, 531 n, 536, 556; appeal, 569. 

Sims, William, examination, 257-259. 

Sinclair, Thomas, 429. 

"Sir Richard, " 388. 

Skibbereen, Ireland, 369. 

Skilling, Elisha, 175. 

Slave-trade, 180-187, 235 n, 468 n. 

Sloughter, _Gov. _ Henry, 190 n. 

Slut's Bush, 297, 303. 

Sluyter, Pieter, 182 n. 

Smargin, John, 196. 

Smart, _Capt. _ Thomas, R. N. , 318. 

Smith, Charles, _Antient and Present State of Cork_, 369 n, 371 n. 

Smith, Daniel, 196. 

Smith, John, proctor, account, 468-470. 

Smith, John, _Revenge_, 383, 384, 395, 397, 416. 

Smith, John, _St. Anthony_, 69, 71 n, 73. 

Smith, John, Va. , 269. 

Smith, Michael, 196. 

Smith, Seth, jailer, 308. 

Smith, _Capt. _ Thomas, _Sarah_, 423, 427, 428, 432, 433, 435, 436, 443-445, 447, 453; deposition, 436-439. 

Smith, William, admiralty judge, 188. 

Smith, _Chief-Justice_ William, Jr. , 553, 569; letter, 573-574. 

Smith, William, Cape Cod, 298. 

Smithson, _Capt. _ George, 468. 

Snow, 291 n. 

Sokotra, island, 175. 

_Soldado_, prize, 165, 199. 

Sollam, Matthias, 390, 395, 397, 416. 

Somaliland, 197 n. 

Somers, Edward, 388. 

Somers, _Sir_ John (Lord Somers), 190 n, 214 n, 247, 250 n. 

Sommerwood, Quinton, 386, 395, 397, 416. 

South, Thomas, evidence, 308; trial for piracy, 303-306. 

Southack, _Capt. _ Cyprian, letters to Gov. Shute, 290-293, 299-300; map, 293 n. 

South Carolina, governor, 147; piracy in, 341; piracy law, 286 n, 289. 

South Carolina Admiralty Court, _see_ Charleston Admiralty Court. 

_South Carolina Historical Magazine_, 518 n. 

South Channel, 291. 

_Southern Literary Messenger_, 274 n. 

South Sea Company, 405 n, 449 n. 

Spain, Dutch war with, 3 n, 13-17, 19 n. 

Spain, war of Great Britain with, 347, 356 n, 357. 

Spania, Francisco de, 558. 

_Spaniards' Dread_, 418. 

Spanish Main, 245 n. 

Spanish privateer, 399, 404. 

Spanish Town, Jamaica, 305, 541 n. 

Sparks, James or Joseph, pirate, 323 n, 325, 329, 331, 339, 343. 

Sparks, John, 174. 

Speeks, 59. 

Speight's Bay, 131. 

Spencer wig, 429. 

_Spey_, 247. 

Spons, Jan, 199. 

Sportulage, 456 n. 

Sprague, Daniel, deposition, 33-34. 

Springer's Key, 88. 

Spurwink, Maine, 302 n. 

_Squirrel_, H. M. S. , 305 n, 386, 387. 

_Squirrel_, Annisquam, 328, 333, 339. 

Stage Harbor, 297. 

Stanbridge, Edward, 324-325, 344; bill, 345. 

Stanley, _Sir_ John, 242. 

Stanly, Robert, 501. 

Stanton, pirate, 199. 

Stapleton, _Gov. _ Sir William, 132. 

Starkey, Edward, pirate, 142. 

Staten Island, N. Y. , 385, 392. 

Staten Island, Patagonia, 128 n. 

Steed, Evance, and Co. , 411, 426. 

Stenwyck, Cornelius, 144. 

Stephens, _Capt. _, 277. 

Stephens, Philip, secretary to the admiralty, 577 n, 579. 

Stephens, William, secretary, 404 n, 543 n. 

Stevens, _Capt. _, 187. 

Stewart, _Maj. _ William, 405, 406. 

Stileman, Elias, 48, 50. 

Stiles, _Pres. _ Ezra, 536 n. 

Stilwell, Nicholas, 15, 16. 

Stocking, _Capt. _, 424. 

Stoddard, Anthony, 39. 

Stoffelsen, Jacob, 9-11. 

Stokes, Anthony, 525 n; _View of the Constitution of the British Colonies_, 312 n, 379 n, 524 n; documents from, 525-529. 

Stone, William, lieutenant, 387, 388, 389, 411, 414, 416. 

Stonehouse, John, 246. 

Story, _Justice_ Joseph, 442 n. 

Stoughton, _Gov. _ William, 70, 75; proclamation, 188-189. 

Stover, John, 304. 

Stowe, _Mr. _, 430. 

Strahan, _Dr. _ William, 442 n, 448, 449, 454; opinion, 446. 

Strange, _Dr. _, 442 n. 

Strengthfield, William, 468. 

Strother, William, pirate, 142. 

Styles, _Capt. _, 420. 

Suarez, _Doña_ Eugenia, marries Ybañez, 562. 

_Success_, agreement with _Revenge_, 463-465; privateering cruise of, 463 n, 465 n. 

Suffolk County, Mass. , court files, xv; documents from, 46-81, 138-140, 145-152, 178-180, 257-259, 293-311. 

Suffolk County, Mass. , order of court, 50. 

_Sultana_ (Sultan Galley), 294, 307, 308, 310. 

Sunderland, _Earl of_ (Charles Spencer), 429 n. 

Surat, 155, 156-159, 175, 191, 201, 207-209. 

Surinam, 511, 512, 513. 

Surriage, Agnes, 413 n. 

Surrogate, 454 n. 

_Susanna_, 184. 

_Sutherland_, H. M. S. , 573 n, 574. 

Suwali, 157. 

Swaile, John, 163. 

Swan, John, 382, 384, 395, 397, 416. 

Swan, Paul, 199. 

_Swallow_, H. M. S. , 317 n. 

Sweet, _Capt. _ John, 514 n. 

Sweringen, G. , 47. 

Swett, William, 501. 

Swift, Jonathan, _Carberiae Rupes_, 369 n. 

_Swift_, brigantine, 186. 

Sybada, Kempo, 13, 14. 

Symonds, Samuel, 18. 

_Tabasco_, bark, 13, 14, 17 n. 

Tabiel, Francisco, 487; declaration, 485. 

Taffery, Peter, pirate, 330, 331; trial, 342-344. 

Tailer, William (1), 29. 

Tailer, William (2), 324, 338. 

Talladay, George, 385. 

_Tanner_, frigate, 304. 

Tarpaulin Cove, 319. 

Tay, Jeremiah, declaration, 147-149; deposition, 150-151. 

Taylor, George, 66. 

Taylor, Jonathan, 501. 

Taylor, _Capt. _ John (1), 40, 46. 

Taylor, John (2), of the _Revenge_, 383, 384, 385, 389, 395, 397, 416, 423. 

Taylor, William, pirate, 323 n, 335; trial, 338-342. 

Teach, Edward, "Blackbeard, " 329 n, 341. 

Teneriffe, island, 21, 357, 361, 373 n, 374-377, 473 n, 475, 486-492. 

Tennent, _Rev. _ Gilbert, 428. 

Terry, _Capt. _ John, 68-73. 

Tesier, Charles, 421-422. 

Tew, _Capt. _ Thomas, pirate, 167, 177, 181 n, 183-185, 187. 

Texel, 365. 

Thacker, Chicheley Corbin, 275. 

Thatch, _see_ Teach. 

Theriaca Andromachi, 457 n. 

Thierry, Joan, secretary, 366. 

Thomas, _Capt. _, privateer, 573 n. 

Thompson, John (1), of New Providence, 407, 415 n. 

Thompson, John (2), of the _Hawk_, 501. 

Thompson, _Capt. _ Richard (1), of New Providence, 415. 

Thompson, Richard (2), of the _Hawk_, 501. 

Thompson, _Long Island_, 220 n. 

Thoreau, Henry, Cape Cod, 293 n. 

Thorne, _Capt. _ Anthony, 140. 

Thorowgood, Adam and John, letter, 266-267. 

Ticonderoga, 485 n. 

Tienhoven, Cornelis van, 9-12. 

Tierra del Fuego, 128, 130, 136, 137. 

Tiffany, 58. 

Tiger, H. M. S. , 192. 

Tinker, _Gov. _ John, Bahamas, 405, 477 n. 

Tobago, W. I. , 490. 

Toca Mora, 91. 

Toler, Richard, 371. 

Tooly, John, examination, 68-71. 

Toppan, Robert N. , _Edward Randolph_, 167 n. 

Torbeck, Haiti, 472. 

Torres, _Adm. Don_ Rodrigo de, 419-420, 562 n, 563. 

Torrey, William, 26. 

Tortuga, island, 419. 

Tosor, _Capt. _, 294. 

Totten, John R. , article, 220 n. 

Townsend, Penn, 298, 324, 338. 

Townsend, _Col. _ Richard, 368-369. 

Townsend, Richard and Dorothea, _An Officer of the Long Parliament_, 369 n. 

Townshend, _Vice-Adm. _ George, 535 n, 541, 547, 548. 

Toyle, Otto van, 199. 

Transmiss, 454 n. 

Treacle, Venice, 457 n. 

_Trelawney Galley_, 514. 

Trelawny, _Gov. _ Edward, 355. 

_Trembleur_, privateer, 506 n, 507, 508 n, 509. 

Trepassy, Newfoundland, 317. 

_Trial_, 79 n. 

_Trials of Eight Persons_, 291 n, 297 n, 307 n, 309 n. 

Trinidad, Cuba, 536, 537, 542, 543, 549, 554. 

Trinidad, gulf of, 126 n. 

_Trinidad_, prize ship of buccaneers, 100, 101, 103, 105-107, 109, 133, 135, 136. 

Trinity Hall, Cambridge, 275 n. 

Tropic bottle, 418. 

Trott, _Maj. _, 172. 

Trott, _Chief-Justice_ Nicholas, S. C. , 169 n, 287, 289, 406 n. 

Trott, _Gov. _ Nicholas, Bahamas, 169, 170, 172-174, 287 n. 

Trumbal, George, 140. 

Trumble, James, 160, 161, 163. 

Trumbull, _Sir_ William, secretary of state, 187. 

Truxillo, Peru, 117. 

Tudor, John, register, 188. 

Tuira River, 97. 

Tullear, Madagascar, 192, 206. 

Tuning, J. , register, 367. 

Turks Island, sloop, 390. 

Turner, Theophilus, 199; deposition, 200-201. 

Tuttle, C. W. , _Captain Francis Champernowne_, 74 n. 

Tweedy, John, bill for medicines, 456-461, 462 n. 

Twisden, _Capt. _, 277. 

Tyler, John, 423, 428, 432, 433, 443, 454. 

_Tyler Genealogy_, 428 n

Tyng, Edward, 70; declaration, 147-149. 

Ulloa, _Don_ Martin de, auditor general, 563, 564. 

Uring, _see_ Youreing. 

Valderama, Pedro, 537. 

Valentine, John, 309 n. 

Valle, Juan Fernando del, 561, 563, 564. 

Van Dam, Isaac, 392. 

Vander Hiden, John, 394, 397, 416. 

Vanderlure, collector at Ballinrobe, 162-164. 

Vansteinfort, Arnold, consul-general, 374, 479. 

Varinas, 468. 

Vaughan, Daniel, privateer lieutenant, deposition, 513-514. 

Vaughan, _Maj. _ Owen, 163. 

Vega, _Don_ Joseph de la, declaration, 561-563. 

_Venetian Merchant_, prize, 277. 

Venice, 484; letter from, 159. 

Vernon, _Adm. _ Edward, 383, 386, 387, 419, 473 n, 485 n. 

Vernon, James, secretary of state, 175 n, 216, 227, 243; letter to, 195-196. 

Vernon, Thomas, 576. 

Verroa, Isabel de, _see_ Berrow, Elizabeth. 

Vezian, Peter, quartermaster of the _Revenge_, 384, 394, 416, 437; journal, 381-429; speech, 407-411. 

Vianes de Salas, Joseph, notary, 374, 375, 479. 

Vice-admirals, xi; commission, Butler, 1-3; commissions, 285 n; perquisites, 242; powers of, 275-276. 

Vice-admiralty courts, xi-xiii, xv, 313; _see_ also Admiralty courts. 

Vice-admiralty judges, _see_ Admiralty judges. 

_Victory_, prize and privateer, 473 n. 

Vidonia, 480 n, 482, 483, 484. 

Vieques, Virgin Islands, 196, 305. 

Vieux Bourg, Haiti, 472. 

Vineyard Haven, 337 n. 

_Virgen del Rosario y el Santo Cristo de Buen Viage, La_, prize case, 529-569; account of sales, 534-535. 

_Virgin_, prize, 277. 

Virginia, Council, 261 n, 271 n. 

Virginia, _Journals of the House of Burgesses_, 152 n. 

_Virginia Magazine of History_, 261 n, 271 n. 

Virgin Islands, 294. 

_Virgin Queen_, 36. 

Vorst, Simon van, pirate, trial, 303-306. 

Vryling, John, 276. 

Wafer, Lionel, _New Voyage and Description of the Isthmus_, 92 n, 95 n, 117 n. 

Wake, _Capt. _ Thomas, pirate, 167, 169, 184. 

Walden, Thomas, 495. 

Waldron, _Maj. _ Richard, 139 n. 

Walker, Daniel, negro, 384, 395, 397, 416. 

Walker, _Adm. Sir_ Hovenden, 291 n. 

Walker, _Capt. _ James, 392. 

Walle, Jacob, 47. 

Walters, Humphry, 383, 384, 395, 400, 416-419. 

Walton, _Capt. _ George, 79. 

Want, _Capt. _, 167, 169. 

Wanton, George, 468. 

Wapping Old Stairs, executions at, 252 n, 257, 315. 

Ward, Charles, 498. 

Ward, _Gov. _ Richard, 347, 378, 381, 429 n. 

Ward, Thomas, secretary, 461, 514. 

Ward, William, petition, 495-496; testimony concerning, 498. 

Ward, _Lord Chief Baron Sir_ Edward, 251 n. 

Warden, Andrew, _see_ Wharton. 

Warden, William, 336. 

Ware, John, 246, 249. 

Warrant, to governors, to issue privateering commissions, 355-356. 

Warrell, Francis, deposition, 272-273. 

Warren, _Vice-Adm. _ Sir Peter, 386. 

Warren, _Capt. _ Thomas, R. N. , 191-192, 206. 

_Warren_, privateer, 503 n, 504. 

Warwick, _Earl of_ (Robert Rich), 3. 

Warwick County, Va. , 262. 

Warwick Fort, 4. 

Washington, George, 182 n. 

Waterhouse, _Capt. _ Samuel, privateer, 449, 453, 494-500. 

Waters, H. FitzGilbert, _Genealogical Gleanings_, 46 n. 

Waters, John, 387, 394, 416. 

Watkins, John (1), commander of buccaneers, 112-115. 

Watkins, John (2), pirate, 142. 

Watson, J. F. , _Annals of Philadelphia_, 253 n. 

Wattson, James, 35, 39, 45. 

Weaver, Thomas, 244. 

Webb, John, 391, 392, 395, 400, 416; instructions to, 401, 425; mate of _Revenge_, 422, 424, 427. 

Webber, Henry, 200. 

Webson, Simon, pirate, 142. 

Webster, William (or Samuel, or Edward), 383, 384, 392, 394, 413. 

Welbeck Abbey, documents from, xv, 245-253. 

Welch, Edward, 210. 

Welch, James, 395, 416. 

Wellfleet, Mass. , 291 n. 

Wendell, _Col. _ Jacob, 358, 359, 367 n. 

Wendell, John, jr. , 367. 

Wentworth, _Gen. _ Thomas, 383, 419 n. 

Wentworth and Monk, 438. 

Westergaard, Waldemar, _Danish West Indies_, 132 n, 133 n, 191 n, 235 n. 

West India Company, Danish, 132 n. 

West India Company, Dutch, 9, 10, 43. 

Westmoreland County, Va. , 260. 

Westport, Ireland, 160-162, 164. 

Wetherley, Tee, pirate, 217, 237, 244, 250 n. 

Wharfe, Thomas, declaration, 147-149. 

Wharton, Andrew, 384, 395, 397, 416. 

Wheaton, Henry, _Reports_, 442 n. 

Wheeler, _Maj. _, of Barbados, 277. 

_Whidah_, piracy case, 290-311. 

Whipple, _Capt. _ John, 320. 

Whipple, _Col. _ Joseph, jr. , 319, 320. 

Whitaker, Edward, 272. 

White, William, pirate, 323 n, 325, 326 n, 331; trial, 338-342; execution, 344 n, 345. 

Whitefield, _Rev. _ George, 428. 

Whitefield, John, 373, 374. 

_White Gossip_, 136, 137. 

Whitestone Point, 382. 

Whitman, _Rev. _ Levi, 291 n, 292 n. 

Whorekill, Delaware, 167. 

Wilkerson, Abraham, 34, 41. 

Wilks, Bourryau, and Schaffer, 448 n. 

Wilks, Francis, 449. 

Willard, Josiah, secretary, 298 n. 

_Willem_, prize galley, 463 n; inventory and appraisement, 465-468. 

William III. , prince of Orange, 47, 48, 64, 78; wars, 153 n; king of England, 247, 291 n; act concerning manufactures, 350; act concerning piracy, 144 n, 261 n, 278 n, 286 n, 306 n, 324. 

William, Mosquito Indian, on Juan Fernandez, 113 n, 125. 

_William and Anne_, 138 n, 140. 

Williams, Gomer, _Liverpool Privateers_, 468 n. 

Williams, _Capt. _ James, 294, 305, 308, 309. 

Williams, James, mate of _Fidelia_, 258. 

Williams, Paul, pirate, 294, 295. 

Williams, William, 501. 

Williamsburg, Va. , 268. 

Willoughby, Francis, 32 n, 33, 45. 

Willoughby, _Gov. Lord_, 143. 

Wills, Robert, 75. 

Willson, Lawrence, 429. 

_Wilmington_, privateer, 474 n. 

Wilson, Alexander, 70, 73 n. 

Wilson, _Col. _ William, 273; letter to Nicholson, 269-270. 

Wimble, _Capt. _ James, 469. 

Windsor, _Lord_ (Thomas Windsor), 37. 

_Windsor_, H. M. S. , 191. 

Windward Passage, 294 n, 295. 

Winter, Edward, petition, 516-517. 

Winter Harbor, Maine, 302 n. 

Winthrop, Adam, 324, 338. 

Winthrop, _Gov. _ John, 370 n. 

Winthrop, _Maj. -Gen. _ Wait, 324 n. 

Winthrop, William, 370. 

Wood, James, pirate, 334, 335, 337. 

Wood, Samuel, 211, 245. 

Wood, Thomas, 300. 

Woodbridge, John, 498. 

Woodbury, Jonathan, 512. 

Woodell, sailor, 385. 

Woodhouse, John, 438. 

Woolgar, William, deposition, 272-273. 

Wreck of the sea, 299 n. 

Wright, _Capt. _ (1), of the _Quedah Merchant_, 200, 209 n. 

Wright, _Capt. _ (2), 386. 

Wright, John, 384, 385, 395, 397, 413, 415, 430. 

Wright, _Oglethorpe_, 399 n, 404 n. 

Wyld, John, 395, 400, 416. 

Wyneburgh, _Capt. _ Casparus, 525. 

Wynne, _Life of Sir Leoline Jenkins_, 440 n. 

Xanten, armistice, 83 n. 

Yañez, Juan Gonzáles, declaration, 485. 

_Yankee_, privateer, 572 n. 

Yarland, John, 184. 

Ybañez, _Don_ Felipe, 530 n, 554-557, 560-566; deposition, 535-542; libel, 542-553. 

Yeeden, Thomas, 160. 

Yeomans, _Lieut. -Gov. _ John, 230. 

Yonge, Francis, 290. 

York River, 265. 

_Young Eagle_, privateer, 357, 359, 360, 463 n; William Loud on, 492-493. 

Younger, William, 371. 

Younson, _see_ Johnson. 

Youreing, Edward, 74 n; declaration, 76-81. 

Zeeland, ports, 82, 83. 

Zegarain, _Capt. _ Cosme, 463 n. 

Zenger, John Peter, 474 n.