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[Transcriber's Notes: This book contains documents written in 17th- and
18th-Century English, Dutch, French, and other languages.
Inconsistencies of spelling, punctuation, capitalization, and
hyphenation have been preserved as they appear in the original. (See
the last paragraph of the Preface for the editor's note on this.)
A few obvious printer errors in the editor's footnotes have been
corrected.

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

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These have been described in brackets, e.g., JOHN [X] SMITH.

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

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




PRIVATEERING AND PIRACY

IN THE

COLONIAL PERIOD: ILLUSTRATIVE DOCUMENTS


EDITED UNDER THE AUSPICES OF
THE NATIONAL SOCIETY OF THE
COLONIAL DAMES OF AMERICA


BY

JOHN FRANKLIN JAMESON

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


New York
THE MACMILLAN COMPANY
1923




TO THE HONORED MEMORY OF

JOHN JAMESON

OF BOSTON

1828-1905

VOYAGER, TEACHER, LAWYER, SCHOLAR

WHOSE LOVE OF LEARNING AND WHOSE UNSELFISH
DEVOTION MADE IT NATURAL AND POSSIBLE
THAT I SHOULD LEAD THE STUDENT'S LIFE




PREFACE


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

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

It is a matter for regret and on the editor's part for apology, that
the book should have been so long in preparation. Work on it was begun
prosperously before our country was engaged in war, but the "spare
time" which the editor can command, always slight in amount, was much
reduced during the period of warfare. Moreover, the Society, very
properly, determined that, so long as war continued, the publication
of their volumes and the expenditures now attendant upon printing
ought to be postponed in favor of those patriotic undertakings,
especially for the relief of suffering, which have made their name
grateful to all lovers of the Navy and in all places where the
_Comfort_ and the _Mercy_ have sailed.

It may be objected against the plan of this book, that privateering
and piracy should not be conjoined in one volume, with documents
intermingled in one chronological order, lest the impression be
created that piracy and privateering were much the same. It is true
that, in theory and in legal definition, they are widely different
things and stand on totally different bases. Legally, a privateer is
an armed vessel (or its commander) which, in time of war, though
owners and officers and crew are private persons, has a commission
from a belligerent government to commit acts of warfare on vessels of
its enemy. Legally, a pirate is one who commits robbery or other acts
of violence on the sea (or on the land through descent from the sea)
without having any authority from, and independently of, any organized
government or political society. (Fighting and bloodshed and murder,
it may be remarked by the way, though natural concomitants of the
pirate's trade, are not, as is often supposed, essentials of the crime
of piracy.) But wide as is the legal distinction between the
authorized warfare of the privateer and the unauthorized violence of
the pirate, in practice it was very difficult to keep the privateer
and his crew, far from the eye of authority, within the bounds of
legal conduct, or to prevent him from broadening out his operations
into piracy, especially if a merely privateering cruise was proving
unprofitable. Privateering was open to many abuses, and it was not
without good reason that the leading powers of Europe, in 1856, by the
Declaration of Paris, agreed to its abandonment.

The object of the following collection of documents is not to give the
whole history of any episode of piracy or of the career of any
privateer, but rather, by appropriate selection, to illustrate, as
well as is possible in one volume, all the different aspects of both
employments, and to present specimens of all the different sorts of
papers to which they gave rise. Nearly all the pieces are documents
hitherto unprinted, but a few that have already been printed, mostly
in books not easy of access, have been included in order to round out
a story or a series. The collection ends with the termination of the
last colonial war in 1763. Presented in chronological order, it may
have a casual, as it certainly has a miscellaneous, appearance. But
variety was intended, and on closer inspection and comparison the
selection will be seen to have a more methodical character than at
first appears, corresponding to the systematic procedure followed in
privateering, in prize cases, and in trials for piracy.

On the outbreak of war in which Great Britain was involved, it was
customary for the King to issue a commission to the Lord High Admiral
(or to the Lords of the Admiralty appointed to execute that office)
authorizing him (or them) to empower proper officials, such as
colonial governors, to grant letters of marque, or privateering
commissions, to suitable persons under adequate safeguards.[1] The
Lords of the Admiralty then issued warrants to the colonial governors
(see doc. no. 127), authorizing them to issue such commissions or
letters of marque. A specimen American privateering commission may be
seen in doc. no. 144; a Portuguese letter of marque, and a paper by
which its recipient purported to assign it to another, in docs. no. 14
and no. 15. Royal instructions were issued to all commanders of
privateers (doc. no. 126), and each was required to furnish, or
bondsmen were required to furnish on his behalf, caution or
security[2] for the proper observance of these instructions and the
payment of all dues to the crown or Admiralty. Relations between the
commander and the crew, except as regulated by the superior authority
of these instructions and of the prize acts or other statutes, were
governed by the articles of agreement (doc. no. 202) signed when
enlisting.

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

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

These were the essential documents of a privateering voyage. There
would probably be also accounts for supplies, like John Tweedy's very
curious bill for medicines (doc. no. 158), and accounts between crew
and owners (doc. no. 146), and general accounts of the voyage (doc.
no. 159). There might be an agreement of two privateers to cruise
together and divide the spoil (doc. no. 160). There might even be a
journal of the whole voyage, like the extraordinarily interesting
journal kept on the privateer _Revenge_ by the captain's
quartermaster in 1741 (doc. no. 145), one of the very few such
narratives preserved. Other documents of various kinds, illustrating
miscellaneous incidents of privateering, will be found elsewhere in
the volume.

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

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

The governor's commission as vice-admiral, issued (after 1689, at any
rate) under the great seal of the High Court of Admiralty, gave him
authority to hold an admiralty court in person. Often the governor was
not well fitted for such work, though not often so frank as Sir Henry
Morgan (doc. no. 46, note 1) in admitting his deficiencies. As
admiralty business increased, it became customary to appoint admiralty
judges to hold vice-admiralty courts in individual colonies, or in
groups of colonies. Sometimes, especially in the earlier period, they
were commissioned by the governor of the colony acting under a warrant
from the Lords of the Admiralty (doc. no. 69) empowering him so to do;
more often they were commissioned directly by those lords, under the
great seal of the Admiralty. Doc. no. 180 is a commission of the
former sort, doc. no. 181 of the latter. When war broke out, authority
to try prize cases was conveyed, as above, to the vice-admiral, the
vice-admiralty judge, and their deputies.

In the trial of a prize case, the first essential document was the
libel (docs. no. 99, no. 128, no. 165, no. 184, and no. 188), by which
claim was laid to ship or goods. Witnesses were examined, chiefly by
means of the systematic series of questions called standing
interrogatories (doc. no. 183). Their testimony, taken down in written
depositions, constitutes much the largest class of documents in this
volume. Most narratives of privateering or of piracy are found in the
form of depositions. Reports of trials, embracing proceedings and
documents and testimony, are found in docs. no. 128, no. 143, and no.
165; sentences or decrees of the judge in docs. no. 143, no. 150, and
no. 155; inventories of prizes in docs. no. 33 and no. 161; an account
of sales in doc. no. 186.

If a party to a prize appealed from the sentence of the vice-admiralty
court (docs. no. 151 and no. 196), he was required to give bond (doc.
no. 152) for due prosecution of the appeal in England. From 1628 to
1708 such appeals were heard by the High Court of Admiralty; after
1708 they went to a body of privy councillors specially commissioned
for the purpose, called the Lords Commissioners of Appeal in Prize
Causes (see doc. no. 151, note 1). A specimen of a decree of that
tribunal reversing the sentence of a colonial vice-admiralty court is
in doc. no. 195.[4]

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

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

But if American colonial piracy presents a smaller array of legal
documents than American colonial privateering, it makes up for it by
its rich abundance of picturesque narrative and detail. The pieces
here brought together show us piracy off Lisbon and in the East Indies
and at Madagascar, at Portobello and Panama and in the South Sea, in
the West Indies, and all along the Atlantic coast from Newfoundland
to the coast of Guiana. They exhibit to us every relation from that of
the most innocent victim to that of the most hardened pirate chief.
They make it clear how narrow was sometimes the line that divided
piracy and privateering, and how difficult it must have been to learn
the truth from witnesses so conflicting and of such dubious
characters, testifying concerning actions of lawless men in remote
seas or on lonely shores.

Most of the pirates famed in story, who had anything to do with
colonial America, appear in one way or another in these papers. On the
history of Henry Every, for instance, and even on the oft-told tale of
William Kidd, not a little new light is cast. Kidd's letters from
prison, the letter and petitions of his wife, the depositions of
companions, the additional letters of Bellomont, make the story live
again, even though no new evidence appears that is perfectly
conclusive as to the still-debated question of his degree of guilt.
The wonderful buccaneering adventures of Bartholomew Sharp and his
companions, 1680-1682, at the Isthmus of Panama and all along the west
coast of South America, are newly illustrated by long anonymous
narratives, artless but effective. And indeed, to speak more
generally, it is hoped that there are few aspects of the pirate's
trade that are not somehow represented in these pages.

At least it will not be denied that the documents, whether for piracy
or for privateering, show a considerable variety of origins. Their
authors range from a Signer of the Declaration of Independence to an
Irishwoman keeping a boarding-house in Havana, from a minister of
Louis XIV. or a judge of the High Court of Admiralty to the most
illiterate sailor, from Governor John Endicott, most rigid of
Puritans, to the keeper of a rendezvous for pirates and receiver of
their ill-gotten goods. Witnesses or writers of many nationalities
appear: American, Englishmen, Scots, Irishmen, Frenchmen, Dutchmen,
Spaniards, a Portuguese, a Dane or Sleswicker, a Bohemian, a Greek, a
Jew. The languages of the documents are English, French, Dutch,
Spanish, Portuguese, and Latin. Though none of them are in German or
by Germans, not the least interesting pieces in the volume are those
(docs. no. 43, no. 48, and no. 49) which show a curious connection of
American colonial history with the very first (and characteristically
illegal and unscrupulous) exploits of the Brandenburg-Prussian navy.

The range of repositories from which the documents have been procured
is also considerable. Many were found in the state archives of
Massachusetts, many in the files of the Supreme Judicial Court for
Suffolk County, many in the collections of the Massachusetts
Historical Society, others in the archives of Rhode Island and New
York, in the office of the surrogate of New York City, and in the New
York Public Library. A very important source of material,
indispensable indeed for certain classes of document, was the records
and papers of the vice-admiralty courts of the colonial period.
Extensive portions still remain in the case of four of these courts,
at Boston, New York, Philadelphia, and Charleston (see the first
foot-notes to docs. no. 126, no. 184, no. 165, and no. 106,
respectively). A large number of the documents, larger indeed than
from any other repository but one, were drawn from the inexhaustible
stores of the Public Record Office in London, namely, from the
Admiralty and Colonial Office Papers. Others came from the Privy
Council Office; a few, but among them two of the longest and most
interesting, from among the Sloane and Harleian manuscripts in the
British Museum; one whole group from the Rawlinson manuscripts in the
Bodleian Library at Oxford. Three of the Kidd documents were obtained
from among the manuscripts of the Duke of Portland at Welbeck Abbey.
Several of the pieces, and a number of lesser extracts used in
annotations, were taken from colonial newspapers, and two from printed
books not often seen.

Archivists and librarians have assisted the editor with their
customary and never-failing kindness. It is a pleasure to express his
gratitude to Mr. J.J. Tracy and Mr. John H. Edmonds, former and
present archivists of Massachusetts, Mr. Herbert O. Brigham of the
Rhode Island archives, Mr. A.J.F. van Laer and Mr. Peter Nelson of
those of New York; to Mr. Worthington C. Ford and Mr. Julius H.
Tuttle of the Massachusetts Historical Society; to Hon. Charles M.
Hough, judge of the United States Circuit Court in New York; to Miss
C.C. Helm of his office; to the late Miss Josephine Murphy, custodian
of the Suffolk Files; to Miss Mabel L. Webber, secretary and librarian
of the South Carolina Historical Society; to Mr. Victor H. Paltsits of
the New York Public Library; to Rev. Richard W. Goulding, librarian to
the Duke of Portland; and to the authorities of the Public Record
Office, the Privy Council Office, the British Museum, and the Bodleian
Library. Special thanks are due to the officials of three libraries in
which the work of annotation was mostly done--the Library of Congress,
that of the Massachusetts Historical Society, and that of Bowdoin
College. On a few nautical points the editor had the advice of his old
friend the late Captain Charles Cate of North Edgecomb, Maine. And
especially he has to thank the chairman of the Committee on
Publication, Mrs. Charles E. Rieman, for her interest in the work and
for the exemplary patience with which she has borne the delays in its
completion.

It is perhaps needless to say that the spelling of the originals has
been carefully preserved; it is hoped that it would not be thought to
be that of the editor. The punctuation of the originals has not been
deemed equally sacred. In general, it has been reproduced, but where
small alterations would make the sense clear to the modern reader but
could not change it, or where that same effect would be produced by
introducing punctuation-marks, which writers nearly illiterate often
omitted entirely, it has seemed the part of good sense to make
reading-matter readable. Also, names of vessels have been uniformly
italicized even when not underscored in the original manuscripts.
Dates previous to 1752 are old-style dates unless, as in the case of
Dutch or French documents, new style is indicated.

J. FRANKLIN JAMESON.

Washington, October 19, 1923.




CONTENTS


                                                                  PAGE
PROVIDENCE ISLAND

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

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


_LA GARCE_

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

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

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

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


THE _HOLY GHOST_

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

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

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

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

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

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

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


THE _BLUE DOVE_

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

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

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

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

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

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

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

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

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

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

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

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

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

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


THE _PROVIDENCE_

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

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

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

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

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

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

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

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

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

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


THE _ST. ANTHONY_

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

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

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


CASE OF RODRIGUEZ AND RHODES

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

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


BRANDENBURG PRIVATEERS

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


BARTHOLOMEW SHARP AND OTHERS

 44. The Buccaneers at Portobello. 1680                             84

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

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

 47. Deposition of Simon Calderon. 1682                            135


THE _SALAMANDER_

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

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


THE _CAMELION_

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

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


CASE OF WILLIAM COWARD

 52. William Coward's Plea. 1690                                   145


CASE OF BENJAMIN BLACKLEDGE

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

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

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

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

       *       *       *       *       *

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


CASE OF HENRY EVERY

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

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

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

 61. Letter from Venice. May 25, 1696                              159

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

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

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

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

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

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

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

       *       *       *       *       *

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

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


CASE OF WILLIAM KIDD

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


THE _FIDELIA_

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


_LA PAIX_

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

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

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

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

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

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

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

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

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

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

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

       *       *       *       *       *

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


PRIVATEERS AT MARTINIQUE

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


CASE OF JOHN QUELCH AND HIS FELLOW PIRATES

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

       *       *       *       *       *

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

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


THE PIRATES OF THE _WHIDAH_

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

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

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

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

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

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

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

114. Memorial of Thomas Davis. 1717                                309

115. Petition of William Davis. 1717                               311


PRIZE COURTS

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


PIRACY OF BARTHOLOMEW ROBERTS

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


ADMIRALTY COURTS

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


CASES OF JOHN ROSE ARCHER AND OTHERS

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

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

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

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

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

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

       *       *       *       *       *

125. Petition of Nicholas Simons. May, 1725                        346

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

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


DUMARESQ _vs._ THE _AMSTERDAM POST_

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

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

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

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

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

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

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

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

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

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

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

139. Declarations of Sailors. 1740                                 371

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

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

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

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


THE _REVENGE_

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

159. Account for the _Revenge_. June, 1744                         461

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

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

162. A Proctor's Account. 1745                                     468

163. A List of Gunner's Stores                                     470

164. Suggestions as to plundering Hispaniola                       471


THE _PRINCESS OF ORANGE_

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


THE _YOUNG EAGLE_

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


THE _HAWK_

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

168. Petition of William Ward. 1744                                495

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

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

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

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


THE _LEWIS JOSEPH_ AND THE _ST. ANNE_

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


THE _APOLLO_

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

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


THE _PRINCE CHARLES OF LORRAINE_

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

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


THE _ELIZABETH_

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

       *       *       *       *       *

179. Petition of Edward Winter. May, 1749                          516

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

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

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

183. Standing Interrogatories. 1756                                525


_LA VIRGEN DEL ROSARIO Y EL SANTO CRISTO DE BUEN VIAGE_

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

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

186. Account of Sales. July 26, 1757                               534

187. Deposition of Don Felipe 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 PIRACY
IN THE COLONIAL PERIOD




PROVIDENCE ISLAND.


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

[Footnote 1: Public Record Office of Great Britain, C.O. 124:1, p.
118. This document and the next take us back to an almost-forgotten
colonial experiment of the English Puritans, contemporary with their
undertakings in New England but far removed from them in locality. Old
Providence Island--to be distinguished from New Providence (Nassau) in
the Bahamas--is an isolated little island in the western Caribbean
lying off the coast of Nicaragua. It now belongs to Colombia, and is
often called Santa Catalina. In 1630 a company of English investors,
desiring to found a Puritan colony, and also to oppose Spain in the
Caribbean, obtained from Charles I. a patent for a large area
including Providence and other islands. John Pym was their leading
member. The history of their colony is interestingly recounted in
Professor A.P. Newton's _The Colonizing Activities of the English
Puritans_ (New Haven, 1914). The colony became merely a base for
privateering against the Spaniards, who conquered and suppressed it in
1641. Thomas Gage, who passed by the island in a Spanish ship in 1637,
says, "The greatest feare that I perceived possessed the Spaniards in
this Voyage, was about the Island of Providence, called by them Sta.
Catarina or St. Catharine, from whence they feared lest some English
Ships should come out against them with great strength. They cursed
the English in it, and called the Island the den of theeves and
Pirates." _The English American, or A New Survey of the West-India's_
(London, 1648), p. 199. For the whole matter of West Indian
buccaneering, see Miss Violet Barbour's article, "Privateers and
Pirates of the West Indies", in the _American Historical Review_, XVI.
529-566.]

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

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

To all to whome theis presents shall come, we the Governor and Company
etc. send greetinge. Wheras our gracious Soveraigne Lord King Charles
hath by his Letters patent bearing date the 4th day of December in the
6th yeare of his Raigne,[3] for himselfe, his heires and successors,
given and graunted to us and our successors, assignes and deputies for
ever All Admirall rights, benefits and jurisdiccions and likewise all
priviledges and Comodityes to the said Admirall jurisdiccion in any
wise appertayneinge or belonging, in and upon the seas rivers and
Coastes of the Island of Providence, Henrietta[4] and all other
Islands within the Limits of his Majestys grant to us made and everie
or any of them within 40 Leagues of any the said Islands and in and
upon all other Rivers and Creekes within the said Limits, And likewise
power to hold and determine all manner of Causes and pleas for and
Concerning the same,[5] Now know ye that we the said Governor and
Company confiding in the Fidelitie and Judgment of Captain Nathaniel
Butler, now bound in a voyage to the Island of Providence, have
elected, Constituted and deputed and doe hereby elect, constitute and
depute the said Captain Nathaniel Butler, to be Admirall of the said
Island of Providence, Hereby giveing and graunting to the said Captain
Nathaniel Butler full power and authority to doe and execute (with the
advise of the Counsell of warre which shall from time to time be
established by us in the said Island) all matters and things
concerning the said place of Admirall according to the Instruccions
that we or our successors shall from time to time give and direct for
and Concerning the execucion thereof, Nevertheless reserving to our
selves all such Admirall duties as shall be payable and accomptable
for or in respect of the same, other then[6] such priviledges and
benefits as shall upon agreement betweene us and the said Captain
Butler be assigned and appropriated to him, To have, hould and
exercise the said place of Admirall of the said Island untill we shall
otherwise dispose of the same. And we do require all persons
whatsoever from time to time resideing in the said Island that shall
at any tyme abide or be in the harbours, ports or Creeks of the same,
to yeild and give all due obedience and respect to the lawfull
Commands of the said Captain Butler as Admirall of the said Island, as
they will answer the Contrary at their perills. Given under our Common
Seale this 23th day of Aprill In the XIIII yeare of the raigne of our
Soveraigne Lord Charles, by the grace of God King of England,
Scotland, France and Ireland, Defendor of the Faith, etc. And in the
yeare of our Lord God 1638.

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

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

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

[Footnote 6: Than.]

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

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


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

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

[_February_] 13. Wee hadd an alarme this morneinge, and in regard that
the sayle that wee made came to an Anchor close without our Rocks
called the Breakers, wee sone found that she was a stranger and in
perill: wherupon I sent out two shalopes well manned and followed
myself in the thirde: and by the waye wee mett with her bote being
only a Canow in which all of her men wer come off from her and left
her alone; But wee tooke two of her men backe with us to the shypp;
and sent two of my Botes to bring her into the Harbour;[2] the which
was done: Wee founde her to be a Spanish Frigate, taken by a man of
Warre of Flushinge off of Cuba. she was laden with mantega de
Porco,[3] Hides and tallowe; their resolution was to have carried her
to St. Christophers,[4] and ther to have sold her Goods, but being not
able to fetch itt, she was forced to beare up for our Iland; and but
for us had wracked upon our rocks; shee was manned with eight men; and
the man of warre that tooke her haveinge dispatched her as he thought
for St. Christophers, remained upon the Coast of Hispaniola to looke
out for more purchase:[5] and in the meantime, little knows what is
become of his Prize.

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

[Footnote 3: Lard.]

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

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

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

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

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

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

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

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

[Footnote 9: Orange.]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

4. I called a Court of Admiraltie this morneinge; and empannelled
twelve seamen, to deliver their verdict, concerninge a misdeameanour
committed by a master of a shyp, in takeinge awaye a Cable and an
Anchor from a vessell rideinge in the Harbour; wherby the said vessell
was driven on grounds and in perill to be lost: but thes Jurors proved
themselves soe absurde and ignorant as sone made me finde the miserie
of trialls in these dayes by such kinde of men: And it now produced an
Order in a session of the Counsell of Warre in the afternoone, whereby
all future crimes and commissions of this nature wer made punishable
another waye. A new officer in the nature of a fiscall or Advocate[18]
in our Court of Admiraltie was elected and sworne this daye.

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

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

[Footnote 19: Inflicted.]




_LA GARCE._


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

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

Compareerde voor my Cornelis van Tienhoven Secretarius van wegen de
Generale Geoctroyeerde Westindise Comp'e in nieu nederlandt
geadmitteert den E. Heer Willem Kieft Directeur General van nieu
nederlandt, synde inde voorschreven qualite voor Rekeninge van de
welgedachte Comp'e een meedereder in de fregadt de _la Garce_,
Dewelcke nevens alle de naergenoemde persoonen bekende te Hirrideeren
in dito Fregat een recht achste part, Jan Damen Ingelycx een recht
achste part, Jacob Wolphersen de somma van vyftien hondert gulden,
Marten Crigier een gerecht sestiende part, Jacob Stoffelsen elft
hondert gulden, Hendrick Jacobsen pater vaer een achste part, Hendrick
Arentsen de somme van dertien hondert gulden, Capitain Willem
Albertsen blauvelt een Recht achste part, Cristiaen Pitersen Rams
veertien hondert gulden, Willem de key een Recht sestiende part,
Adriaen dircksen een Recht twee ende dertichste part, Welcke
voornoemde Somme ende parten de voornoemde Persoonen als gemeene
Reders yder voor haer Particulier hebben gedaen ende Hirrideeren op
Winst ende Verlies, ende is desen gemaeckt ende getekent omme in
toecomende hunl[ieden] daer van te connen dienen ende Weten Wat yder
Reder voor syn Winst vande uytgeleyde pen[ningen] te vorderen mocht
hebben. T'Oirconde ende teken der waerheyt is desen by de voornoemde
Reeders getekent, den 4e desember 1646. In Nieu Nederlandt.

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

dit ist merck [P over +] van
HENDRIC JACOBSZ P. VAER.

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

In kennisse van my
C. V. TIENH. Secret.

_Translation._

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

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

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

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

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

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

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

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


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

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

Wy ondergeschreven bekennen geaccordeert ende verdragen te wesen inde
fregat de _la Garce_ op Winst ende verlies te hirrideeren, de somma
van seventien hondert drie ende t'seventich gulden waer van Sr
Augustyn een rechte seste [substituted for _sestiende_, erased] part
Hirrideert onder den naem van Willem Aelbertsen Blauvelt, die bekent
de voornoemde Somma uyt handen van Augustyn Heerman ontfangen te
hebben ende belooft, soo Godt de heere hem Capitain Willem Albertsen
een ofte meer prysen t'sy groot ofte cleen verleent van dese reyse,
aende voornoemde Sr. Augustyn off syn Ordre uyt te keeren een gerechte
seste [clerk wrote first _sestiende_] part vande veroverde Goederen
uyt syn een achtste part. Ende soo t gebeurde, dat Godt verhoede, dat
de barcque verlooren wiert, sal den voornoemden Sr. Augustyn niets op
Capitain Blauvelt te pretenderen hebben. Aldus gedaen ende getekent de
4e desember a'o 1646. In nieu Amst.

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

_Translation._

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

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

AUGUSTIN HERRMAN.
WYLLEM BLAWFELT.

Acknowledged before me,
  CORNELIS VAN TIENHOVEN, Secretary.


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

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

Wy ondergeschreven (alle t'samen gevaren hebbende met d'fregat de _la
garce_ daer Capetain op is Willem Albertsz Blaeuvelt, gecruyst
hebbende inde West Indisch) attesteeren, getuigen ende verclaren in
plaets ende belofte van Solemneelen Eede, des noots synde, hoe dat
waer ende waerachtich is, dat wy verovert hebben inde reviere van
Tabasko een bercke genaemt _Tabasko_ vande Spanjaerde, welcke
spanjaerden ons niet vermaende van eenige vreede noch treves die
tusschen den Coninck van Spanje ende haere H. Mo. gemaeckt soude syn
geweest, noch dat wy van geene vreede geweeten noch gehoort hebben.
Alle t'welcke wy ondergeschreven verclaren alsoo waer ende waerachtich
te weesen, presenteerende t'selve, des noots synde, altoos met Eede te
verifieeren. Ady desen 25en July a'o 1649. N. Amst.

dit ist [X] marck van
HENDRICK ARENTSZ, Luytenant.
KEMPO SYBADA.
RAIPH CLARCK.
dit merc _eese_ is gestelt by
ANTONY DE MOEDES, Spaenjaert.

_Translation._

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

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

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

This is the [X] mark of
HENDRICK ARENTSZ, Lieutenant.
KEMPO SYBADA.[4]
RAIPH CLARCK.
This mark _eese_ is made by
ANTONY DE MOEDES, Spaniard.

[Footnote 4: The pilot of the privateer. The _Records of the Quarterly
Courts of Essex County, Massachusetts_, I. 314-319, show Captain Kempo
Sybada as dwelling in the next ensuing years at New London and on
Block Island, and as suffering in his turn from the depredations of
privateers. He died in London in 1659.]


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

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

_Copie_

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

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

FRANSSOYS NOIRET, getuyge.

_Translation._

_Copy_

Appeared before me Jacob Hendricksz Kip,[2] authorized clerk to the
Honorable Director General and Honorable Council of New Netherland,
Antony Leon, native of Majorca, 26 years old, Spaniard, and Fyck
Herry, native of Castlehaven in Ireland, about 21 years old,
passengers, who came from Captain Flip Drest's bark into the bark of
Willem Albertsz Blaeuvelt, who testify, witness, and declare, in lieu
and on offer of oaths, at the request of the joint owners of the
frigate _La Garce_, of which the above-named Willem Blaeuvelt was
captain, that it is true and certain that they, the deponents, being
in the said Captain Blaeuvelt's bark, saw, and they recollect very
well, that upon July 18, 1649, in the bay of Campechie,[3] there came
in the evening a ship which they thought to be the bark or prize of
Blaeuvelt, whereupon Blaeuvelt immediately made sail, and turned to
the leeward in order that they might the better make her out. The said
Blaeuvelt ran up the Prince's flag above and at the stern, not waiting
for her, but doing his best to get away from her. About eleven o'clock
at night she came up to him, when Blaeuvelt's quartermaster, named
Gerrit Hendricksz, called: "Flip, Flip, mate Flip", but received no
answer and then cried out, "Strike for the Prince of Orange!"[4] [The
Spaniard] answered, "Strike for the King of Spain!" and immediately
fired with cannon four shots. The fifth piece failed to go off. The
sixth shot struck Blaeuvelt's ship, without his having made any
preparations [to fire]; said Blaeuvelt resolved to sail close to the
wind in order to get to his people. All which we deponents aforesaid
declare to be true and certain, offering on demand to confirm the same
by oath. This 27th of September, 1649, on the Island of Manhattan in
New Netherland. Signed with a mark of the following shape, [sideways
H], against which is written, "This is the mark of Fyck Herry, made by
himself"; a mark of this sort [dash, sideways S] against which is
written, "This is the mark of Antony Leon, the Spaniard, made by
himself"; then, "Albert Cornelisz", and the mark of Nicolaes
Stilwil,[5] both as witnesses of the genuineness of the above marks;
and beneath, "Acknowledged before me, Jacob Kip, authorized clerk".

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

[Footnote 3: Between Mexico and Yucatan.]

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

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

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

FRANSSOYS NOIRET, witness.[6]

[Footnote 6: It was judicially decided later that the _Tabasco_ was
not a good prize. A ray of light is cast on Blauvelt's latter end by
an item in an enumeration of English buccaneers in 1663 found among
the Rawlinson manuscripts in the Bodleian Library, "Captain Blewfield,
belonging to Cape Gratia de Dios [Gracia á Diós, Nicaragua], living
among the Indians, a barque, 50 men, 3 guns." Haring, _Buccaneers_, p.
273.]




THE _HOLY GHOST_.


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

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

Att A Counsell held at Boston 20th July 1653.

Captaine Robert Harding[2] presenting unto us a certificate in the
Dutch language with the seale of Amsterdam affixed to it that the ship
called in the certificate the _holy ghost_ togather with the skipper
thereof did belong unto the united provinces (Although at the first
arrivall of the s'd ship diverse rumors were spread which did render
them suspitious to have unjustly surprised the s'd ship) whereupon the
Counsell thought it there duty to enquire into the matter, yet having
now examined the s'd Captaine and Considerd the Certificate afores'd
together with a charter partie found in the s'd ship, Wee doe declare
that wee have nothing wherewith to charge the sd Capt. or the company
but have discharged the said Captaine and the rest of the company
heere, together with their clothes, And therfore doe signify unto them
that they have free liberty to enter our harbours where they shall
have protection from all injuries and liberties of free trade with
any of our inhabitants as any other ships whatsoever have had amongst
us.

[Footnote 2: Capt. Robert Harding, now of Ratcliff, London, was well
known in Boston, being, apparently, the same who came out with
Winthrop, went to Rhode Island, was an assistant there, and then
returned to England.]

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

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


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

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

To all whom these presents may concerne, greeting etc.

Know yee that the ship called the _holy gost_ of Amsterdam of the
burthen about 160 tune beeing taken as a prize and carried away out of
the Roade of the Iland of Barbados by some seamen and some planters
and Inhabitants of the said Iland, the said Ship and company in their
sayling Faling upon the coasts of new England were mett with at sea
about 50 leagues from our harbor of Boston in great extremity, wanting
provision, by a ship bound from London to our Ports whoe supplied them
for there present need and pilatted them into one of our harbors
called Natasket[2] where there is not a fort to bring a ship under
Command. the Councell hearing of such a ship lying there sent to the
Capt and company of the said ship and invited them to come into our
harbor at Boston, they being afrade so to doe by reason (as the
Councell was enformed) they were told that if they came into the
harbor the Capt and Company should bee imprisoned and the ship seased.
afterwards the Capt coming a shore, as alsoe some of the company, the
Capt was arrested and some of the company were imprisoned, who were
examined apt [apart] what ship it was they had taken and whence shee
was, whither of Holland or of Spayne,[3] or wheather they had used any
cruelty to any of the Company they tooke, either by wounding, killing
or setting any of them ashore upon any Iland or other place to the
endangering of there lives. they all agreed in one relation that no
such thing was done by them or any man hurt, And there beeing not any
person heere to enforme against the[m] and they making it appeare by a
dutch certificate under the seale of Amsterdam and by other dutch
writings w'ch are extant with us found in the seisd ship, that shee
was a dutch ship of Amsterdam sett out by diverse Marchants of that
citty, the councell released the said Capt and the rest w'ch had beene
inprisoned, And sent to the rest of the ships company that they might
freely come into our harbor, where they should have trafficke and
protection from all Injuries and liberty of trade with any of our
inhabitants as any other ships whatsoever, the ship afterwards came
into Salem harbor,[4] And the Governor gave order to have the whole
Cargo of goods to be brought ashore, that theire might bee a true
Invoyce taken thereof, that the state of England[5] might have the
tenth. And the rather because it was reported to be a vessell of great
treasury And the account thereof might be expected from the goverment,
being brought in to this Jurisdiction, And to the end there might be
the better satisfaction given to such as might inquier after it. In
Wittnesse of the premisses I have hereunto sett my hand and caused the
seale of the Colony to be afixed.

[Footnote 2: Nantasket.]

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

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

[Footnote 5: The Commonwealth government.]

This is A true Coppie Compared with the originall

per EDWARD RAWSON, Secret'y.

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


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

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

Mathew Hill aged 30 yeares and upwards deposeth and sayth

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

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

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

MATHEW HILL.


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

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

Mr. Francis Blackman, aged 60 yeares or there about, and mr. John
Dukley aged 4[_illegible_] yeares or there abouts, doe joyntly and
severally depose and say That in the month of May last past There was
a Spanish Ship, as it was affirmed to be, taken at Barbados by a
company of men that were some of them there resident and some of them
inhabitants there, wherein there was eight men of the shipps company
when it was taken, and two of them leapt over board and were taken up
by other shipps but six of them were taken away with them in the said
shipp. And there was a flying report that they were come on shoare
againe the same day, but the constant report was that they were not,
neither was any of them seene by these depon'ts after they were
carryed away whilst these depon'ts remayned in Barbados, w'ch was
foure months after.

FRANCIS BLACKMAN.

JOHN ID DUKLEY.
  his marke


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

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

_Honnored Sr._

Theare arived some sixe mo. since before this Iland a spannish ship
belonging to Tennarife (one of the Canary Ilands) Commanded by
Emanuell Rodriges, Capt. thereof, who having mett with much contrary
weather in theire voiage homewards wer necessitated to put for this
place, and being before the Iland sent in theire request to have
libertie to wood and water. accordingly it was graunted unto them,
with Assurance of receiving like protection, freedome, and libertie in
our ports, as any other Nation in league and Amitie with the
Commonwealt[h] of England, which gave them Incouridgment to bring
theire shipp into harbor within Command of our forts, and having
staied and Refreshed themselves some three weeks time and taken in
such necessaryes and provicions as they needed, whiles the Comander
with the major parte of his men were on shoare abo[ut] theire
dispatches, the said ship was Unhappily surprized in the harbor by a
wicked deboist[2] Crew of persons, who getting aboard and by force
suppressed those few seamen which were in the shipp, Cutt the Cables
and sett saile.

[Footnote 2: Debauched.]

Assoone as the surprise was discovered some shott were made at them,
but theire resolution to Carry so desperate an Attempt (knowing w't
the end would have binn had they fayled therein) and sensiblenesse [?]
in theire dispatch to gett the ship without Command, as also the night
Coming on, and having the Advantage of winde and Currant, no meanes
Could be used to recover the shipp Againe, by which action the
Comander, with his men, who but a little before were possessed (as
well of theire owne as others Interested) with very Considerable
estates, were left on shoare to be Releived by our charitie.

The Inhabitants of this Iland with myself Cannot but have a very great
Resentment of so vile an Act, which hath Reflected so much not only
uppon Authoritie but the Iland in Generall, and may heareafter reflect
to the prejudice of particcular persons heare who trade at the Canary
Ilands.

Wee have lately understood these Robbers by fained pretenses and
discourses, to Coulor theire Action have endeavored to shelter
themselves under your Authoritie in New England, but its hoped and
beleived that such persons will not be harboured, nor such Actions
Countenanced by you there. if they should it may proove for the future
of evill consequence to this Colonie. it was least of all suspected
theire Confidence would have led them thither, otherwise wee should
from hence have ere this requested your Assistannce for stoping the
shipp and goods, and persons of those Robbers, untill the parties
concerned therein might have Intelligence of theire being in New
England, there to prosecute for theire rights;

The Capt. of the said ship with some others of the Compa. went hence
for England hoping there to meete with them, others of them are gonn
to some of the leiward Ilands, and some to the Canaries. assoone as
Intelligence cann be given to the proprietors at tennarife, you will
I judge have some one from thence, to prosecute for theire shipp and
goods.

The persons who Committed this Robberie being thorough theire
deboistnes brought into Considerable engagements to severall of the
Inhabitants of this Iland, had long before sought waies to make
escapes from of this place, to Avoide theire Confinement which the
lawe would have forced them unto for sattisfaccion of theire just
debts; and had not this ship presented, theire Attempts would have
binn to have zeased on some other, as since hath binn prooved, which
might as well have binn some Vessell heare of your Collony, as any
other; theire example have binn encouradgement to others to Attempt
the like, but wee are, and shall be as dilligent to prevent the same
as possible wee may. if all or some of the cheife of those Robbers (if
they are still with you), were sent hither that exemplary Justice
might be Inflicted on them, it maybe a meanes to terrify others from
such actions for the future.

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

Since the Surprisall of said shipp here arived another vessell from
the Canarie Ilands, to offer trade with the Inhabitants, who
notwithstanding the Assurance they receaved from me of freedom and
protection therein, yet afterwards being Informed of the Aforesaid
action would not trust themselves amongst us but departed; which doe
tend much to the prejudice of the Collonie. I shall not further
enlarge at present but referr all to your Consideracion; and Commend
you to the Almighty in whom I Rest

Yours in what I may to serve you

DANIEL SEARLE.

BERBADOES 4th of November 1653.

a true copy, etc., and the address.


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

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

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

[Footnote 2: 1654, new style.]

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

And though by what the Governor of Berbadoes hath hitherto Certefied
to us, it does not legally appeare that the vessell was or is a
spannish vessell, but the Contrary rather seemeth unto us by the dutch
Certifficat and other writting sealed and the Inscription on the
sterne of hir _De heyly[3] Gheest_, with the picture of the dove and
burden of the ship concurring with them, yett for these severall
reasons, viz. 1. Becawse it cann be no Injury to Capt. Robt. Harding,
Left. Thom. Morrice, and that company to Justify theire oune act at
Berbadoes, (if it were a lawfull act). 2. Because there is
probabillitie, some evidence appearing, that severall of the shipps
former company that was aboard are missing, wch were not brought into
this Jurisdiccion, what is become of them cannot so well be cleered,
nor the Case triable any where so well as at the Berbadoes where the
fact was donne. 3. Becawse Capt. Harding, Left. Morrice and the rest,
as is suspected, have not discovered all the treasure that was in the
shipp and thereby have deceaved the Commonwealth of England (In Case
it should proove a pricze) which cannot be cleered so well, any where
as at Berbadoes, who have as wee are Informed inquired of hr [?] the
value of the prize, and the Rather becawse they broke bulke at
Pemequid, out of our Jurisdiccion,[4] and that after they had our
order, which they seemed to decline by theire Accepting proteccion
from Capt. Gilbert Crane, as appeares by proofe, who was in our
harbors under the Imploiment of the Parliament of England for masts
and Tarre.[5]

[Footnote 3: Heylige.]

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

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

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

Itt is further Ordered that Capt. Robert Harding, Left. Thomas Morris
and Henry Cowes shall, when Capt. Jno. Allen or any other that shall
first be Ready to sett saile to the Berbadoes, be delivered safe
aboard to him or them, by him or them to be delivered to the Governor
and Counsell at Berbadoes, And It is left to any three of the
majestrates to send the rest by such conveyances as they shall Judge
meete.

And that the Secretary shall from the Counsell give a strict charge to
the keeper of the prison to secure them in prison so as they escape
no[t] as he will Answer it on his utmost perrill.

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


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

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

Whereas there was some Information given unto this Court of the
Illegall surprisall of the Spanish shipp formerly Called the _Holy
Ghost_ and since Called the _happie Entrance_, of which shipp Capt.
Robt. Hardinge was Commaunder, yet forasmuch as neither Capt. John
Allen who so informed, nor any other person, would Ingage to procecute
agaynst the sd Capt. Hardinge and Company, The Court thought it not
meete to take Cognizance thereof, after which Capt. Crane undertooke
to receive the tenth for the State of England, and whatsoever was Done
by him or by mr. Endecot, then Gov'r, or Capt. Breedon[2] or any other
person in any respect whatsoever about the sd shipp or Goods or tenth
part thereof, neither was nor wilbe owned by this Court in any kind.
the Deputyes have past this and desire our hon'rd magists. Consent
hereto.

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

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

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

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

EDWARD RAWSON, Secret'y.

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

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

Contradicent., mr Jer Howchen.




THE _BLUE DOVE_.


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

[Footnote 1: Mass. Archives, vol. 60, p. 215. A copy of the Portuguese
original is in the archives, as well as this rough translation. The
dates are new style. The grantor was King Alfonso VI., brother of
Catharine of Braganza, queen of England from 1662 to 1685. War with
Spain had continued since the Portuguese revolt of 1640. This series
of papers shows well to what abuses the whole system of letters of
marque was open. For an English commission, of later date (1741), see
doc. no. 144.]

Alfonso, by the grace of God King of Portugall and of the Algarves [on
both sides] of the seas In Africa, Lord of ginney and of the Conquest,
navigation, and Commerce of Ethiopia, Arabia, Persia, and of India,
Know all to whom this my letter patent shall Appeare that itt
Behooving mee to provide shipps to oppose sea Roavers thatt frequent
the Coasts of these my Kingdomes, for the conveniency of tradeinge to
them, And Consideringe the merritts and Partts thatt Doe concurr in
the person of Charles de Bils, Confidinge in him that In all thatt I
shall Impose to his trust hee will serve mee to my Content, Itt Is my
will and pleasure to nominate and by these Presents doe name for Capt.
of a shipp of warr, by virtue of w'ch power hee may provide att his
owne charge a shipp of one hundred Tonnes with whatt boates
nessesarie, and provide her with Gunns, People, ammunition and
provisions as hee shall thinke Convenientt, to wage warr with the
subjects of the Kinge of spaine, Turks, Pirats, Sea Roavers, take
there shipps and there marchandizes and all that belongs unto them and
Carry them to Any Portts of this Kingdome to give An Accountt of them
in my office, where they shall bee taken Account of In a booke kept
for said purpose, where they shall bee Judged if Lawfull Prizes. hee
may vizitt or search whatt shippes hee thinks goe loaden with our
Enimies goods, goe to there ports, favouringe In all things any Alyed
to this Crowne, Payinge the Customes of sd. Prizes, according to the
Rates of the Custome Houses of this Kingdome. Wherefore I Request all
Kings, Princes, Potentats, Lords, Republicks, states, theire
Leiftenants, Generalls, Admirals, Governours of there provinces,
Citties and Portts, Captaines And Corporals of Warr, to give to the
said Charles de Bils all the Assistance, helpe and favour, Passage and
Entrance into theire Portts, with his said shipp, people, prizes and
all things theire unto pertaininge, offerringe my selfe in the like
occasion to doe the same, and Command my Governours, Generalls,
officers of Warr, to lett them goe and passe with there prizes as long
time as shall be nessesarie, for Confirmation of w'ch I commanded this
letter Pattent to bee past, signed and sealed with the great seale of
my Armes. Given in the Cittie of Lisbone the tenth day of february.
Written by Antonio Marques In the Yeare of the Nativity of our Lord
Jesus Christ one thousand six hundred fifty Eightt. Diogo Ferres Bravo
Caused itt to bee written. QUEENE.[2] And because said Charles de
Bills Presen[t]inge himselfe before mee, Declareinge hee had lost said
patent, desireinge mee to favour him to Command to passe him Another
With safety [?] I commanded itt to bee past him outt of the Register
Booke, W'ch Is the same declared above. given in lisbone the tenth of
September six hundred sixty two.

frances Pereira da cunha caused itt to bee written.

(Sealed with
the Armes
of portugall.)

THE KING.[2]

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

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


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

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

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

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

CHARLES DE BILS.

Wee the under written doe testyfie that the Aboves'd and what is
Conteyned on the other Side[2] is a true translation of a Comission
Graunted by the Queene of Portugall and afterwards Confirmed by the
King of that Country unto Charles de Bills and afterwards Assigned
over by Sayd Charles de Bills unto Capt John Duglas as witnes our
hands

[Footnote 2: Documents 14 and 15.]

Aug't the 15th 1664.[3]

[Footnote 3: Old style, presumably.]

EDMUND DOWNER.
WILLIAM TAILER.
JOHN FORD.


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

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

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

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

[Footnote 2: Crew.]

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

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

Taken uppon Oath this 12. of July 1664 in Portsmouth, in Pascatayvay
River, in Newe-England, in America; before mee

BRIAN PENDLETON,[4]
  Comisioner.

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


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

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

The deposicion of Markus Claise of Rotterdam borne, passenger in the
_Blow Dove_, when shee was taken, and now prisoner aboarde Capt. John
Dowglass.

That when hee was demaunded of the said Capt. John Dowglass where the
Shipp did belong unto, that hee the said Markus Claise did say that
the said Shipp did belong unto Amsterdam, and that the Shipp was bound
for Amsterdam when shee was taken, and that the Jewes were aboarde
before wee set saile, and that most of the Company were Scotts, and
after that the said Shipp was taken that the Mr., Robert Cooke, and
most of his company did desire of the Capt. to goe ashoare uppon
Jameka, and the Capt. meeting with a Barke bound for Port Royall in
Jameka did graunt them leave, according to theire desire, to goe in
her to the aforesaid Port at Jameka: as witnes my hand this 24. day of
June 1664.

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

BRIAN PENDLETON,
  Comisioner.


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

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

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

That when hee was demaunded of the said Capt. John Dowglass whither
hee knewe if the Shipp did belong unto the Jewes, hee answered that
hee heard Isaac Cardozo a Jewe tell him privately that the Shipp did
belong unto his father in Amsterdam, and that shee was Assigned unto
him by his father from Amsterdam, and that the said Bartholomewe
Martin did see the Jewes bring Quicksilver, and that hee knowes it is
the same which was taken in the _Blew Dove_: as witness my hand this
24. day of June 1664.

Taken uppon Oath this 12. of July 1664 in Portsmouth, in Pascatayvay
River, in Newe-England, in America, before mee:

BRIAN PENDLETON,
  Comisioner.


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

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

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

These are therefore in his Maj'tys name to Authorize and Require yow,
Capt. James Olliver, Capt. Edward Hutchinson, upon Receipt hereof
forth with to repaire to the sd River of piscatage and there to Apply
yourselves to Capt. Brian pendleton and mr. Richard Cutts, who are
hereby Alike Authorized and Joyned in Comission with yow, who together
or any three of yow are hereby Impowred and Required to make seazure
of the Comander, officers and Company of the said ship, whither in
piscatage River or in any other Harbor, port or place within this
Jurisdiction, in Case they shall Refuse to submitt themselves to your
comand Relating to a due triall, to secure the said ship and Goods,
and having so secured them yow are to Convey the said persons, shipp
and Goods to Boston, that so a due proceeding may be had and made
therein according to law and Justice, And that yow may be fully
enabled to dischardg the trust here Comitted to yow, All officers and
Comanders both by land and sea, in those parts, are hereby required
in his Maj'tys name on your warrant and order to be ayding and
Assisting to you therein, for wch this shall be your and their
Warrant.

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

R B D. F W.


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

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

I, Danell Sprage,

when I wasse Cleer and my wages paid me I Could get noe imployment nor
passage, not in three weeks time that I lay there, to goe to the
windward Ilands. then I thought good to goe as to Cammanus,[2] to se
if I Could get passage their, and I saild with one Captaine Hermon
towards the Cammanus, and as wee Came to An iland Called
Camman-bricke,[3] their lay Captaine John Duglasse at Anker. he sent
his boate abord of us to heer what newse from Jemecoe, and we Asked of
them wether they weare bound. the quarter Maistor Answered and said,
wee be bound to the windword Ilands. I Asked of them weither I Could
have passage with them or noe, and hee saide, "I,[4] and wellcome".
then I went Abord with my Chest and Clothes and I staid aboard all the
night and Could not speake with the Captaine, but the nixt Mornin as
soon as it wasse day I spoke with the Captaine. I desired of the
Captaine wether he wasse bound and he told me he wasse looking out for
A shipe that Came from Amsterdam in holland to Jemecoe, Called the
_blew dove_, and said, "if I Could meet with her she is A good prise
for me. I have beene ten or tewlve dayes aseeking after her and Cannot
light of her, but if I Can light of her she is Aprise for me. I have
the king of Portugalls Commishon". I, danell Sprage, [said] unto
Captaine John duglasse, "without your Commishon be very firme and that
you be sure you Can Make a prise of her I desire you not to Come neer
her, for I know what the ship is and Came out of holland in her". he
Answered and said if I would goe a longe with him he would beare me
out in all damages that shuld follow or insue upon me Conserning
takeing of the prise. then the shipe which I Came from Jemecoe in
wasse gon from the Iland over to the Cammanus and their wasse noe
other shipe left but only Captaine John Duglasse. I said unto Captaine
John Duglasse, "shuld I goe with you, and you shuld Come up with this
shipe and take her, and the Company seeing of me they will say that I
have been at the Cammanus and have fetched A shipe one purpose to Make
a prise of them". Captaine Duglass Answered and said that "I and my
Company Can testifie to the Contrarie and as far as my Commishon and
my life doth goe I will beare you out Against all them that shall
qushton you as Conserning the takeing of this shipe: I am Captaine and
I have taken her with my Commishon and I will Answer it".

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

[Footnote 3: Cayman Brac.]

[Footnote 4: Ay.]

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

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

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


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

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

William Browne, age 17 or 18 yeares, Saith that he was to goe
passenger for England with mr. Robert Cook, master of the Shipe Called
the _blow dove_ of london. the sd. wm. Browne heard the master Say
that the Said Ship did belonge to Sr. wm. Davidson in Amsterdam[2] and
I know that James wattson who came owt of holand befoire the Ship, did
frawght the Sd. Ship with Some goods marked with WD. and I doe not
know certanly whether there was ane S. in the midle or not, and that
the Said James wattson was going with the Sd Shipe first for England
and then for Amsterdam, and that the Sd. wm. Browne did See a Jewe
Marke Qwicksilver and wax, which was Shiped Aboard of the Sd. Shipe,
which Jewe kept a Shope publickly in Jamaica and did dispose of Some
of the goods q'ch [which] came from holdand in the Said Shipe, and I
doe know that there was ane English man Aboard which was a pasenger
which had Some goods A board, as Cocco, 2 Tunne marked with ane O
burned with the Barrell of A mwscket.[3] the Sd Shipe coming out of
port Royall with 10 men or there About, with Some passengers, went in
Company with Captaine Hatchwell to blewefilds bay,[4] a bowte 20
Leagwes distance from Pt. Royall, and tooke in some watter and Some
Ballace, and being at ane Ankore the Captane of a little Barke with
his Company boarded them and gave them a voly of Shoat, being in
nwmber about 27 men, and being Some what darke the master was Shote in
the Arme and the men of the _blow dove_ were put in the howll of the
Shipe: and then the Asaylants Cut the Cables, and Caryed away both
veshells and them, untill they came to poynt Niggereell,[5] where they
met with ane English barke coming from Caymanws and bownd for Porte
Royall in Jamaica, where they putte the Said mr. of the _blowe dove_
Aboard According to his desire and furnished them with Some victwales
and a Caise of Spirits: and after they were gone owt of Sight they
lasht there barke aboard of the prise and took most of there things
owt of her and Let her goe Adrifte.

[Footnote 2: See document 27.]

[Footnote 3: Musket.]

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

[Footnote 5: Cape Negril.]

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

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

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

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


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

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

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

Saith

That being at Jamaica about the moneth of January last past, there
came in the pincke _blew dove_ which was seized at sea betweene
Hispaniola and Jamaica by John Morrice Captn. of the _Virgin Queene_
(an english man of war), who putt two or three of his men aboad to
bring her into Jamaica harbor, hee with his man of war bearing her
Company neere to the harbour; when the sd _blew dove_ had bin three or
foure daies at Jamaica there was a Court of Admiralty appointed for
the triall of the sd _Blew-dove_, it being expected by the sd Captn.
Morrice and Company that the sd Ship would have been a prize to them,
and their great Argument was that they were sailing towards Cuba
before they had seized them, and that they were laden with ammunition
and goods sutable to the spanish trade: but uppon triall in the Court,
their billes of Lading appeared that they were bound to Jamaica, their
cocketts and dispatches being cleere from the Kings Custome-house at
Dover; this deponent speaking in Court to Sr Charles Littelton (then
sitting Judge of the Court)[2] that hee knew the Master Robert Cooke,
and that hee lived in Ratliffe[3] neere to him, which also testifies
Captn: Isack Bowles Comander of the _Blackmore_ (one of the Royall
Companies Ships),[4] the Governor (Sr Charles Littelton) did thereupon
declare them to be a free ship, and to have their liberty of trade as
any other Ship whatsoever that was then in the Harbour; And further
saith that the aforesd Captn. John Morrice told this deponent that hee
had hoped to have had a good prize of the _blew-dove_, but hee gott
nothing of them but an English Ensigne, and a hogshead of strong
beare, and that the sd _Blew-dove_ came in with English colours, and
did on all occasions weare them.

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

[Footnote 3: Ratcliff, London.]

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

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


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

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

John Hunter Aged a bout 40 years deposeth and sayth

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

This Shipp _blew dove_, as I was informed by the people in Jameco, was
brought in by a Captaine of a privat man of war uppon susspition that
shee was to trade with the Spaniard as a hollander, haveing Jewes
Goods on bord as thay Alleged, but was there Clered by the Governer,
sir Charles Littelton, and had fower moneths trade there afterwards.
this was the Common report of the people there. farther this deponant
testifieth uppon his owne knowlidg, being about two moneths a seaman
uppon the said Shipp before shee was taken, and when wee Came out of
Jameco wee had a let pas[2] from the Governer to saile to dover and
there to pay the Kings Customs and from thenc wee were to sayle unto
Amsterdam and to deliver our goods unto Sir william Davis[3] or his
order, as the bills of Lading maketh manifest, which this deponant did
see in the hands of Captaine Dugles Now a prisner, who desired this
deponant to Reade the bill of Lading unto him at sea as wee were
Coming in to these parts, allso a nother bill of Lading for sum smale
quantitie of wax and quicksilver which belonged unto a Jue, as I did
aprehend. also I red a nother bill of Lading for severall goods
belonging unto an Englishman Living in Jameco, who was going passenger
for dover in the said shipp, but was turned a shore in blewfilds bay
as the rest were by the said Duglas and his Company. farther this
deponant testifieth that Captaine Duglas was at Jameco and did here
that this shipp was there Clered and did then tell this deponant that
hee would take this shipp, which this deponant towld him hee Could not
Legally doe for shee beelonged unto Sir william davis in Amsterdam,
his maisties Resident there. this deponant did acquaint Captaine Cooke
what the said duglas said. farther this depont testifieth that when we
were in blewfilds bay this duglas Came Rowing upp with two oars about
eight of the Clock at night. Wee haild them and Asked whenc thay were
and thayer Answer was, from the Barbados. wee Asked who was there to
friend. thay Answered peter prier,[4] who said thay had lost Camanos
and were going to seeke for it Againe, but presently thay Clapt thayer
helme a starbord and shered Abord us giving a volly of smale shott,
in which thay shot our master through the Arme, and so Came on bord
and beate us doune in to the howld without Asking of us what wee weare
and so Cut our Cable and presently put forth to sea. farther this
deponant testifieth that two of the sailers being Englishmen Leaft the
said Captaine Cooke at Jameco, uppon which the said Cooke was forced
to shipp this deponant and a nother. and farther this deponant sayth
not.

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

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

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

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

owned in Court 5th August 1664 EDW. RAWSON.


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

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

The deposition off Charls Hadsall, aged forty six years or
thereabouts:

Testefieth and saith that mr Robt Cooke, Comandor of the shipp _blew
dove_, together with my selfe Comandor of the shipp _Lucretia_ sett
sayl from port Royall harbor In Jemaicah with free Lett Pases from
Collonall morgan deputy Governer of Jemaicah:[2] And Coming down In
Company to blew feilds bay where we Came to An Anchor to fetch our
wood and watter on board and as soon as we were at anchor there Came
of a Conoo from Capt John Dowglas Lying Closs under the shoar on board
of my shipp with two men for to Inquire among my men whether I woold
Ingage to defend the shipp _blew dove_, I then being on board of her
the said shipp _blew dove_, with Squire wattson, Marchant of the said
shipp, with whome I went a shoare: and Coming on board about seven a
Clok In the Evning with squire wattson to the shipp _blew dove_ and
having taken my Leave of him went on board of my owne shipp: and halfe
an hour after there Came a Conoo from the vessell of sd Dowglass on
board of my shipp _Lucretiah_, where I demanded of the said men that
Came In the Conoo whether they were bound: and they Replied for the
Camanes, which they said they were formerly bound for and had mist:
and now pretended they woold goe with mee to Cemanes: And further
saith that they said they woold be at new england before mee. I
Replied, "In whatt shipp": they said It was no matter In whatt shipp:
and while these men were discoursing with mee Dowglas his barke Clapt
the shipp _blew dove_ on board, Cutt her Cables and sett sayle, and
the men that were on board my shipp with me went away on board the
said shipp _blew dove_: and soe went away, and three days after the
master, marcha[nt] and sum of the Company being putt Into a small
vessell Came Into blew feilds bay where I then Rod att Anchor and I
going on board of them, saw the master of the shipp _blew dove_, shott
In the arme, who told mee that they the said dowglass and his Company
had took all they had from them only the Close uppon his back: And
further this deponent saith that squire wattson told him that the
shipp _blew dove_ belonged to Sr Wm Davison and Captain Taillur: and
that the master and marchant of the said shipp told mee there were
Letters on board of the said shipp _blew dove_ for his majesty and the
duke of yorke:[3] being such Letters as were Considerable. And further
saith that the master and marchant of the shipp _blew dove_ told mee
that there was In Jewells on board of said shipp to the vallue of
three hundred pound sterling and about thirty Chests of quik silver
and sugger he said was on board but I have forgott whatt quantity he
spake off. And further this deponent saith that the shipp _blew dove_
Rod In Jemaicah severall sabbeth days with her english Cullers out.

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

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

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

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

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


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

[Footnote 1: Mass. Archives, vol. 60, p. 230a. In response apparently
to this petition, the General Court on August 8 ordered 40 shillings
to be given to Captain Douglas, and 20 to each of his men, "to
preserve them alive till they can provide some honest imploy for
themselves, and that their particcular cloathes, so cleerely prooved
[_i.e._, if clearly proved to be theirs] ... be ... delivered to
them." _Records of Mass. Bay_, IV., pt. 2, p. 128. But the capture was
declared illegal.]

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

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

Humbly shewing, That whereas the said Ship was seized uppon at
Puscataque in his Majesties name about the eighteenth-day of July-last
with all the Seamens chests and Clothes save what they have on their
backs, And that the said Seamen have bin here about fiveteene dayes
without any allowance from the Countrey and not a penny of money to
releeve themselves, so that they had perished eare this tyme had they
not bin releeved by som freinds, some of which company have bin
without victualls three dayes together, They humbly crave this honored
Court that they may have a speedy triall whether their prise be a
lawfull prise or not, otherwise that they may have their chests,
clothes and armes, which request of your Peticioners they humbly crave
may be taken into Consideration and they shall, as by duty they ar
bound, pray, etc.

JOHN DOUGLASS.

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


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

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

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

[Footnote 2: Lisbon.]

Having lived about the time of 4 or 5 Monthes about the Ilandes of the
Canares with out taking any Prise, this same Capt. tucke Resselution
to Sayle to wardes the Endges[3] with his Ship and Men, and After Som
dayes of his Arivall to this Enges, som thing Neare the Iland
Martenekea[4] he Mett with a man of ware. the Sayed Captaine dagles
was ingadged to fight having a great many of his Men kild and wounded
and hee him Self Deapley Wounded with a Shote from a Mosquit, the whch
Shote Bracke his Arrem, and was in danger of his Life.

[Footnote 3: Indies.]

[Footnote 4: Martinique.]

And for his helth he and his men was forcest to Retier to the Iland of
Monseratt, inhabeated by the Engles under the Goverment of Correnall
Roger Asborn.[5] thare this Sayed Capt. was Courtiously Receved by
this Sayed Govenar and brought him a shoure, whare hee was in dyett
and dwelt a twel month upon this sayed Iland in which this his Sayed
Ship which he brought Out of Lisborne Perresed[6] thare and was
uncapabell of the ware.

[Footnote 5: Col. Roger Osborn.]

[Footnote 6: Perished.]

Afterward the Sayed Capt. Dagles he went to Jemekea and the Jenerell
of the Iland of Jemekea did Exammine the Commision of Capt. John
Dagles, and having found itt Good the Sayed Jenerall gave him
Permision to baye[7] a frigat for the Sayed ware according to his
Commision, and touck men, Arrems and Amunision for the ware with the
Ennemis of the king of Portagall, and the Sayed Capt. John Daglas
Sayeled from the Iland Jemeake with permision of the sayed Jenearell.

[Footnote 7: Buy.]

And about 3 Mounth After Sayling out of thees harbor Jemeke, this
Sayed Capt. Dagles had Nouse by Severell Engles Vessells that thar was
a vessell Redey to Sayell Out of the harbor of Jemeake loden by the
Jues under the king of Spaine, and the Sayed Captaine vas very
Diligant to mite with the Sayed Shipe, the which Shipe was called the
_blau Duff_, mr. Robart Coxe Commander, and this Sayed Capt. John
Daglas had knowledge of this sayed Shipe in the baye of blue fild,
whare no one Inhabeted, distant 32 Leages from the harbor of Jemekea,
the which Capt. went with his Sayed frigett and found a Commission
from the Engea Compenia of Ansterdam,[8] With letters and loden from
thes Jues for Ansterdam, and after that toucke the Depousision of 5
prisnores, the which did all Declare that the Sayed Shipe did Beloung
to Ansterdam and bound for Ansterdam with his loden, and the Sayed
Prisnores Gave the Sayed depusison befor Capt. Pemmellton,[9] Chefe
Justes in Pescatabay.

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

[Footnote 9: Pendleton.]

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

[Footnote 10: The Bahama Channel.]

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

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

[Footnote 11: To do in civility.]

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

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

[Footnote 12: Gentleman.]

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


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

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

Bee it knowne Unto all men by these presents that on the Thirteenth
day of the month of September, Anno domini one thousand six hundred
sixty and Foure, And in the sixteenth yeare of the raigne of our
soveraigne Lord Charles the second, by the grace of God King of
England, Scotland, Frannce and Ireland, defendor of the faith, etca.
Before me William Allen, notary and tabellion publicke dwelling in
this Citty of London, by the Authority of the said Kings Majesty
admitted and sworne, and in the presence of the witnesses here after
named personnally appeared Sir William Davidson, Knight and Barronett,
his Majestyes Royall Commissionner at Amsterdam in Holland, etca., at
present in this Citty of London, one of the Gentlemen of his
Majestyes privy Chamber in ordinary;

Who hath declared that Whereas The ship or Vessell lately Called the
_Blew Dove_ of London, where of Robert Cooke of Ratcliffe was lately
master and James Watson servant to the said Sir William Davidson Supra
Cargoe on the said shipp, or by whatsoever other name the said ship
may be Called or knowne, Together with all her Loading of Sugar,
quicksilver, Cacau, Tobaccoe, Brazillet wood, and other goods,
merchandises, silver mony, and other things whatsoever, lately loaden
at Jamaica by the servants of the said sir William Davidson, was (as
hee the said William Davidson is Certainely informed) villanously and
Roguishly taken by Pyratts, Rovers, and Theeves, Comeing from Jamaica
aforesaid; and Brought upp to Boston in New England, or thereabouts;
Now hee the said Sir William Davidson hath, in the best manner way and
forme unto him possible, made, ordained and Constituted and by these
presents in his stead and place doth make, ordaine and Constitute Mr.
Francis Willoughby of Charles Towne in New England, merchant,[2] his
true and lawfull Atturny, Giving and by these presents graunting unto
his said Atturny full power, Commission, and lawfull authority, for
and in the name and to the Use of the said Sir William Davidson, to
demaund, sue for, leavy, recover, receave and take possession of the
said shipp lately Called the _Blew dove_ of London (or by whatsoever
other name shee may bee Called or knowne), And all furniture and
appurtenances to her belonging, Together with all her Loading of
sugar, quick silver, Cacau, Tobaccoe, Brazillet wood, and other goods,
merchandises, silver mony, and other things whatsoever, And to make
and give such acquittances and discharges as shall be requisite, And
in all thinges to follow the orders and directions of the said Sir
William Davidson; And further to take, seize upon, and apprehend the
said Pyratts, Rovers, and Theeves, and prossecute them according to
law, And if neede bee by reason of the premisses to appeare before
whatsoever Lords Judges and Justices in any Court or Courts, there to
answere, defend and reply in all matters and Causes touching or
Concerneing the premisses, to doe, say, pursue, Implead, arrest,
seize, sequester, attache, Imprison, and to Condemne, and out of
prison againe to deliver; And further generally in and Concerneing the
premisses to doe all thinges which hee the said Sir William Davidson
might or Could doe if that hee should be then and there personnally
present, with power to substitute one or more Atturnyes under him with
like or lymmitted power and the same againe to revoake; And the said
Sir William Davidson doth promise to rattify, Confirme, allow and
approove of all and whatsoever his said Atturny, or his substitute or
substitutes shall lawfully doe, or Cause or procure to bee donne, in
and about the premisses, by vertue of these presents; In witnesse
whereof the said Sir William Davidson hath signed, sealed and
delivered these presents;

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

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

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

JOHN TAYLOR.         WILLIAM DAVIDSON.
NICOLAS CORSELLIS.

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




THE _PROVIDENCE_.


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

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

Lett it bee knowne to all kings, princes and potentates in Christendom
and to all those that it may Concerne, how that upon the 21th day of
aprill 1673 before the River of Virginia have taken and overmastered
Under the Comition of his highness my lord prince William the third of
Oringe, taken a Cetch called _Dergens_ [?] Coming from Boston out of
new england, goeing to the River of Virginia, whearof was skiper John
Cox, which ketch I was intended for to burne or to sinck, but after
severall Considerations I doe give the same ketch and all that belongs
unto her freely and liberaly unto the honorable Capt. Thomas Raddon
and Mr. Joseph Fox, whoe both likewise weare taken by mee, to have and
to hold as their owne Ketch and to dispose thereof to their owne
Content.

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

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

[Footnote 2: Boatswain.]

[Footnote 3: Gunner.]

[Footnote 4: Boatswain's mate.]

I the underwritten do acknowledge that this above mentioned act is
done and signed in the presence of my officers and signed by them
before skiper Cox, Master of the above mentioned ketch, dated as
above.

              CORNELIOUS DELINCOURT.
Copia vera.   G. SWERINGEN.


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

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

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

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

Grt Island[2] the 26th April 1673. taken upon oath by the persons
above named before me

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

ELIAS STILEMAN, Comisr.[3]

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


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

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

To the Honorable County Court now sitting in Boston The humble
petition of Edward Bant on the Behalf of himself and the rest of the
Company belonging unto the Ship called the _Little Barklay_, being
five men in number, Humbly sheweth

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

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

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

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

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

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

past. EDW. RAWSON, Secre'ty.


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

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

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

In answer to the petition presented to this Court by Henry King and
Edward Bant who lately brought into the River of Piscataquay the Ship
_Providence_ of Falmoth, whereof said King was Mate in a voiadge from
England to Virginia, in which voiadge they were surprized by a Dutch
man of War,[2] and by the Petitioners and Company rescued out of
theire hands: who have since Surrendred the said Ship and her loading
into the hands of Mr. Nathaniel Fryer for the Securing and looking
after both in behalf of the Owners.

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

This Court doe order and Empower Mr. Elias Stileman and Mr. Henry
Deering, together with said Fryer, or any two of them, to take a
particular acco't of the state of said ship, and to Inventory the
Goods brought in by and belonging to her, and to make provition for
the Securing of both for the right Owners, making a return thereof to
the present Dept. Govr. by the 7th of May next, and the said Fryer is
further ordered to disburse for the Company arrived in the said Ship
what may bee for the Supply of theire present necessities, and also
order that hee take care that the 8 Dutch men brought in prisoners in
the saide Ship bee forthwith brought to Boston before Authority, to be
disposed of as the matter may require, and for the other parts of the
petition's, touching Salvage or wages, The Court refers them to the
Counsell at theire next meeting.

Copia vera per ISAAC ADDINGTON, Cler.[3]

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


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

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

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

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

Hen. King.

Humbly Recommendeth to your worships candid consideration his present
case and Condition, hoping to obtaine your worships Juditious
approbation therein, to the end and intent that all persons Conserned
and Related to the ship _providence_ of Falmouth, which was taken by a
Dutch ship of warr on the 4th instant[3] about 40 Leagues short of the
Capes of Virginia and Retaken again by the means and directions of
your suppliants, who requeste that your worships will please to Grant
orders that your petitioner and those other seamen belonging to the
said ship who were asistant in Retaking her may have their wages
according to agreem't, from the time of their being shipt till the
said ship _providence_ with her Loading was brought into pascataqua
River and there put into the Custody of Mr. Nathaniel Fryar, who is
the Correspondant of one of the Owners of said ship with her Cargoe,
where she is to Continue till orders from authority or instructions
from the proprietors. Boston 30 Apr. 1673. And Your Petitioner shall
Ever Pray.

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

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

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

EDWARD RAWSON, Secrety.

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


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

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

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

_a large hhd._

13 pa. fr. falls[2]
11 pa. pl.[3] shooes
 1 wier kage
 6 pa. mens wollen hose
12 pa. Irish cloath hose
 2 old hatt
 2 new shirts
 2 p'ces shearge
20 pa. worsted hose
 1 p'ce blue linnon 28
 1 dito 29
 1 dito 44
 1 halfe p'ce lockram[4]
 3 halfe pound of wt. thread
 1 lb. browne thread
 1 paper col. filleting
 1 paper col. thread about a ld.
 1 p'ce sheeting canvas 123
27-1/2 yards dowlas[5]
 1 coat        }
 1 dublet      } part worn
 2 pa. briches }
   and oakum to fill up the hhd. that these things were in.

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

[Footnote 3: Plain.]

[Footnote 4: A linen fabric.]

[Footnote 5: Coarse linen.]

_a large hhd._

 1 doz. 10 paire mens fr. falls
 4 pa. pumps with heeles
 2 saddles
 7 curb bitts
 6 snaffall bitts
 1 pa. black head stall and raynes and crupp and breastplate
 1 dubble girt
 4 halters
 1 doz. white raynes and headstalls
 6 pa. white stirrup leathers
 1 doz. pa. boyes and girles shooes
 2 doz. 1/2 mens pl. shooes
 1 p'ce kersie no. 1: 26-3/4
 1 p'ce dito--2:26
 1 p'ce. searge

_a little hhd._

 6 large pewter basons
 3 large Iron shovels
 1 curb bitt
 1 side saddle and furniture
 2 doz. pa. mens fr. falls
10 pa. mens pl. shooes
 2 pa. woodden heele weo.[6] shooes

[Footnote 6: Women's.]

_a little hhd._

40 pa. fr. falls and woodden heele shooes for men and w.
18 pa. mens pl. shooes
 2 pa. boyes pl. shooes

_a broad hamper._

 5 doz: 1/2 low crowne black hatts

       *       *       *       *       *

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

[Footnote 7: Damaged.]

_a box._

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

[Footnote 8: Gowns.]

[Footnote 9: Justaucorps.]

_a box._

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

[Footnote 10: Double camlet.]

_a box._

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

_a box._

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

_a box, the baile in it._

13 peeces blue linnon

_a box._

23 low crowne black hatts
16 p'ces of taffeta ribbon severall colours
20 p'ces of black dito

_a box._

12 peeces blue linnon

       *       *       *       *       *

a barrell of powder

_a small box broak open._

 7 yards ticking
28 yards blue linnon
 2 pa. weo. parragon bodices and Stomegers[11]
17 yards 1/2 of Stuffe
 1 lb. black thread

[Footnote 11: Stomachers.]

       *       *       *       *       *

 1 small barrell of nayles

_a great chest._

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

[Footnote 12: Flannel.]

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

       *       *       *       *       *

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

[Footnote 14: Coils.]

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

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

_What in 3 Chests (of the Seamens)_

_No. 1._

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

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

_No. 2._

 1 lookeing glass
 1 doz. pa. white worsted hose for men
 1 brass old trumpett
 5 shirts      }
 3 pa. drawers } foule
 1 pa. fine gloves
 2 stuffe coates
 1 pa. briches, wast coat, and Jacket
 1 wast coat and Jacket more
 1 pa. new and 3 pa. old shooes
 1 pa. yarne stockings
 3 neckcloaths
 2 pa. hose
 1 pa. linnon sleeves
 2 napkins, and severall other small things.

_No. 3._

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

[Footnote 18: Tiffany, thin transparent silk.]

[Footnote 19: Collars.]

[Footnote 20: Woollen stuff used for linings.]

       *       *       *       *       *

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

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

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

[Footnote 23: A kind of harpoon.]

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

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

In Obedience to a Warrant Comeing from the County Court held in Boston
the 30th day of Aprill 1673, Unto us whose names are hereunder
written, for to take an Inventory of the Estate and goods in the Shipp
_Providence_ of Falmouth, lately arived in Piscataqua River, etc., and
to Render an acco't thereof unto the present Deputy Governor by the
7th of May, wee haveing accordingly done the same (as time would
afford) Doe Signifie Unto the Honourable Deputy Governor, that the
before mentioned particulars are the whole, that to our certaine
knowleidg is come (in the said shipp) and that, according to the
wrighting at the beginning hereof, they are Secured in the said Fryers
hands and the shipp well mored in the harbour at the Great Island in
Piscataqua River.

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


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

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

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

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

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

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

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

Taken in Boston 5 May 1673 before

JOHN LEVERETT, Dep. Gov.[5]

[Footnote 5: John Leverett was deputy-governor 1671-1673. Two days
later, May 7, 1673, he was elected governor, and so continued till
1679.]


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

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

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

On the twelfth Aprill 1673 being in saide Ship about the Lattitude of
the Capes of Virginia about 80 Leagues distant, wee saw a sail towards
Evening, and being in want of provitions, seeing her to be a Fly
boate,[2] made towards her and came up with her about Eight a clock
and hailed them asking them of whence theire Ship. they answered of
Falmoth. wee ask't them from whence they came. they answered from
Virginia, and called mee by my name and asked mee how I did. wee asked
them what places they loaded at. they answered, in Petuxin River.[3]
wee told them wee wanted some provitions. they answered us if we would
hoise out our Boate and come on boarde, they would spare us water and
other provitions what they could. in order thereunto wee did soe, and
I being desired by the Master and Merchant[4] to goe on board with the
Boate to Endeavor to gett what provitions I could, our Marchant who
was the owner also desired mee to stay, and hee and the Doctor would
goe with mee as soon as they had sealed theire letters. Our Master
not having ended his writing the marchant desired him to goe on board
with us also and to finish his letter there, and accordingly with
three more Seamen wee went on board saide Ship, and when wee came
there founded severall Dutchmen on board who had the Command of her,
they having lately taken her from the English. the Ship was called the
_Providence_, belonging to Falmoth, Thomas Radden having been lately
master of her. the saide Dutchman Surprized six of us and kept us
prisoners and sent one of our Company with three Dutchmen on board our
Ship, who lay by us till the next morning. then the Dutch Commander
comanded our Ships' Boate to come on board his Ship againe, which
accordingly they did, hee promising our merchant to take out our goods
and to give us our Ship againe, in order whereunto hee provided one
hogshead of bread to have given us as hee saide and tooke our marchant
with him and went on board our Ship, and about halfe an hour after our
Ship made sail and Steered to the westward: and then the Dutch men put
us who formerly belonged to her down into the hole and made sail after
the saide Ship for about two houres, and seeing they could not come up
with her stood on theire course againe to the Eastward, and by
receiving advice from those Englishmen that were at liberty were
combined together for them to make way for our coming up and soe to
rush out upon the Dutchmen at once and to Subdue them, for the
rescueing of ourselves and Ship, which with god's blessing wee
Effected, without loss of life or bloodshed to any, and then agreed
among our Selves to come away with saide Ship to New England, which
accordingly wee did and after Eleven days passage by reason of
contrary wind and foggy weather arrived in Piscataquay River on the
23th Aprill 1673.

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

[Footnote 3: Patuxent River, in Maryland.]

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

EDWARD BANT, Mate.
JOHN RESSELL.
JONAS LEWIS.

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

As Attests EDWARD RAWSON Sec'ty


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

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

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

About the 12th November 1672 wee sailed from Falmoth in the aforesaid
Ship to Plimouth for convoy and there lay till the 15th January
following, when wee sailed under convoy with a fleete of about 90
sail. our convoy went with us about 80 Leagues to the Westward of
Silly,[2] then with about ten sail more were parted from the fleet and
were making the best Emprovement of winde and weather to gaine our
port till the 4th Aprill following, when wee between the houres of
four and six in the morning saw a Sail upon our weather quarter. wee
made what sail wee could, hee giving us chase, in about two houres hee
came up with us, showed us Dutch colours, comanded us by the lee and
to strike our Topsaile and ancient:[3] wee seeing of him to bee a man
of War of Force could make no resistance against him, did accordingly:
then the Capt. himself came aboard of us with twelve Dutch men more,
showed us his Commission Signed by the Prince of Orange, for the
taking of English Ships: the Capt. was named Cornelius Linquoint and
commanded the Ship in English called the _Commonwealth_, of 20 peice
of Ordnance. then hee tooke our master, merchant and ten seamen more
out of our Ship and left seven of us aboard and soe went aboard his
man of war againe and ordered the Dutch Steersman, whome hee left
with Eleven Dutchmen more on board of our Ship, to Steere after the
man of War, and in case wee should bee parted by weather to Saile with
our Ship to the Groyne in Galecia, as the said Steeresman informed
mee: the same night following wee lost the man of War--the said Capt
having told mee that if wee kept Company while the next morning hee
would take the Goods out of our Ship on board the man of war and give
us our own Ship againe, but having lost Company of him in the night,
wee bore up the helme to the Eastward, intending for the Groyne, as
the Steersman informed mee. having plied too and againe 6 days hoping
to meete with the man of war againe, two days after wee bore up wee
saw a sail which made towards us, being about 3 Leagues from us.
betweene six and eight aclock in the evening they came up with us, and
hailed us asking whence wee were. The Dutch Steersman, standing with a
laden pistol presented to my breast, commanded mee to answer them in
those words he should dictate to mee, bid mee answer them, of Falmoth,
and to tell them wee came from Petuxine River in Virginia, and if they
wanted anything if they would hoise out theire Boat and Come aboard
wee would supply them, upon which they hoised out theire Boat and the
Master, Merchant, Mate, Doctor and two seamen came on board in the
Boate, and after they had entred our Ship the Dutchmen Surprized them
and sent three Dutchmen on board theire Ship and the Ship staied by us
all the night. next morning the Dutchmen intending to goe on board
commanded the said Shipps boats on board, who came accordingly, and
the Dutch Skipper went on board the aforesaid Ship intending to take
out her goods and put on board of our Ship, as hee saide, in order
whereunto hee tooke the merchant along with him. about halfe an hour
after, the said Ship made sail and steered to the westward. wee in our
Ship making Sail followed them between two and three houres, and
finding wee could not come up with her left our chase and stood to the
Eastward againe, there being five Englishmen belonging to the saide
Ship prisoners in our Ships hold. about six houres after, the same
day, wee Englishmen that were at liberty, by writing to them in the
hold, conspired together with them to lett them come up and soe to
rush all out together upon the Dutch men and if wee could Subdue them
to rescue ourselves and Ship, which accordingly with gods' blessing
wee effected without any loss of life or shedding of blood and soe
intended to New England, being afraide to goe for Virginia leaste wee
should meete the man of War againe and being unable to carry the Ship
home for England, and after eleven days lying at Sea by reason of
foggy weather and contrary windes wee arrived at Piscataquay in New
England aforesaid being 23th Aprill 1673.

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

[Footnote 3: Ensign.]

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

[Footnote 4: Boatswain.]

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

EDWARD RAWSON, Secty.

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

                                                             £  s.d.

Henry King, Mate, at 55s. per mo.,--4 mos., 5 days--        11. 9.2
John Champyn, Boatswaine, at 36s. per mo.,--4-1/2 mo., 5d.   8. 6.2
John Jorey, Carpenter, at 3 [pounds] per mo., 4-1/2 mo.     13.10.0
John Sennett at 28s. per mo., 3 mo., 5d.                     4. 8.6
John Burley at 28s. per mo., 4 mo., 5d.                      5.16.6
George Taylor at 28s. per mo., 3-1/2 mo.                     4.18.0
Richard Gross[5] at 20s. per mo., 4 mo., 5d.                 4. 3.4
                                                            -------
                                                            52.11.8

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

8 May 1673.

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


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

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

To the Hon'rble the Governour and Magistrates Assembled in Boston,

The humble request of Thomas Raddon is that whereas the authority of
this Jurisdiction hath taken care to secure the ship _Providence_ of
Fallmouth in old England, wich was brought into Piscataway by
reprisall and the Cargo in her, whereof I the said Thomas Raddon was
shipped Master by the owners to performe a voiage to Virginia and from
thence home againe, for which care I doe in the behalf of myself and
owners returne humble and hearty thanks to your worships.

And whereas the Providence of God soe ordering that I am now come
myselfe, my humble request is that your worships would bee pleased to
give orders that the said ship and Goods may be speedily delivered
unto your petitioner, that soe I may (with Gods blessing) proceed in
my intended voige for the benefit of my imployers according to my
obligation, and your petitioner shall ever pray for your worships
prosperity.

THOS. RADDON.

In Boston this 10th of June, 1673.

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

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




THE _ST. ANTHONY_.


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

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

It was my Chance to be in Lesbon and wanting a woage[2] I shiped my
slefe [selfe] A board of a portungal buelt ship, Mr. Orchard
Commander, but some five dayes After it plesed the Almyty God to take
him out of the woarld, and when that wee was Agoing to bury him I
heard the men that was in the boate to helpe Rowe him over the water,
for the portugeses would not suffer us to bury him in Lesbone, say
that thay would have A Ship Are Longe, but I did not know how, not
then, and some one day thay went into the house[3] for thay Could open
the Locke of the haches when thay plesed and drawed wine of the
Marchantes and soe sate doune to geather to drinke, and I being near,
thay not deming of it, I heard them say that thay would asay[4] it all
at once, and Liquise[5] that thay would Rune away with the ship, soe I
disclosed it to the Master and the Marchant for our Marchant had gone,
another master, which was Capt. haddockes second mate, which was then
Comander of the Engles[6] ship Lying in Lesbone Rever, John Terry by
Name, soe thay tooke three of them and put them in presone at Lesbone.
it was the boatswane and two men more, but by Resone that one willam
forrest which was Aboard that Gave the suprecargo Mr. John Pane fare
words, the suprecargo would not sufer him to be put in to preson, but
that hee should Goe the woage, and because thay Could note Geete
another Carpenter thay would not put the Carpenter in to preson, but
that hee should goe the woage Lyquise, soe the Master John Terry shipd
two men more in there Romes which ware English men, Edmun Cooke and
John Smith, and Afterwards hee shiped 2 Duchmen whose names I know
not, and wee ware bound for newfoundland for a sacke,[7] but when wee
had been about A weake at sea these two men, namly Willam forrest and
John peket the Carpenter, perswaded the other two Engles men, Edmun
Cooke and John Smith, and one other Engles which was a board and the
two Duch men, to surprise the Master, the suprecargo and Mate, a
portungall boy and I, and soe to Rune away with the ship. And waching
thare Oppertunity when the Master and the Marchant was a slepe in the
Roundhouse, the Mate A Riting in the Cabing, and I was at helme, the
Carpenter came into the sterege and cauled the [said?] Edmun Cooke and
John Smith out of thare Cabing whare thay ware aslepe, and soe thay
went forward togeather into the forcasell and immeadly thay Came Aft
agane, the two Duchmen and willam forrest, the Carpenter and Edmun
Cooke, John Smith and the other Engles man. soe the two Duchmen and
the Englesman that is not named came into the sterege. the other fower
wente up upon the Quarterdecke and surprised the Master and the
Marchant where thay ware a slepe in the Round house, and the other
three sayed to me that if I did offer to stere I was a dead man. soe
the Mate hering that in the Cabin where he was a riting salied out of
the Cabing in to the sterege. soe thay tooke hould of him and throed
him upon his back and soe held him and would not suffer him to ster.
soe I rune doune the scutell which was in the sterege and hede my
slefe amounge the sayles betweene deckes, for I heard the Master and
the Marchant Cry out most petifully. soe I thought to my slife when
thare pasene[8] was over that I mite perswaed them to save my Life.
soe thay bound the Master and the Marchant and Carryed them forward
upon the forcastell. but presenly after thay Loused them agane and put
them in to the Greate Cabing all togeather, and would suffer but one
to Come upon the deck at a time. the Master and the Marchant profered
them that if thay would thay would take a drame of the botell and set
doune and drink frinds and that all things should be forgoting, but
thay would not Exsept of there profer. soe I went upon the deck and
desyred them that thay would be plesed to Lend us a sayle, for thay
tould us that thay would hoyst out the boate and Give us some
provisones and tourne us to shift for our slevs. soe wee desyred to
beare up the helme for to put us As neare the Land as thay Could. soe
[_torn_] some 2 howers. soe thay Gave into the boate All neceesaryes,
as provisons, wood, water and Lequers, with a sayle and mast and ores,
A grapnall and grapnall rope, sayle nedles, twine and pame[9] for to
men[d] the sayle. Soe Will Forrest, walking upon the Quater deck with
a backe swoard[10] in his hand, Commanded the boat to be hoysted out
and all those forenamed nesessarys to be got in to her, with a Compas,
Quadrant and a plat,[11] and soe Comanded the Master, the Marchant and
the Mate and the portuges boy in to the boate. John Tooley and
Allexander[12] ---- would have gone into the boate with them, but thay
would not suffer us to goe [_torn_] Master saed [or] asked them
[_torn_] that thay would keepe us but thay would not harking unto them
and would not Let us goe.

[Footnote 2: Voyage.]

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

[Footnote 4: Assay, attempt.]

[Footnote 5: Likewise.]

[Footnote 6: English.]

[Footnote 7: Plunder.]

[Footnote 8: Passion.]

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

[Footnote 10: A sword with one edge.]

[Footnote 11: Chart.]

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

John Tooley gave in this upon examination as a true narrative of the
transaction in the Ship _Anthony_ when she was surprised by forest and
Pickard, etc., he the sayd Tooley being of the age of Twenty years or
thereabouts.

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

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

EDWARD RAWSON, Sec'ty.

19 of November 1673.

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

As Attests,

EDW. RAWSON.

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

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

What is your name?

Jno. tooly, borne nere norwich.

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

How long was it after you came to sea.

Ansr: about a weeke.

Who rise first or the manner of their Rising?

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

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


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

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

Newport one[2] Road Iland.

[Footnote 2: On.]

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

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

[Footnote 3: October.]

[Footnote 4: Jail.]

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


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

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

To the Hon'rd Governor and Coart of Asistants

The Humble Petition of Allwin Child

Sheweth, That a ship called the _St. Anthony_ was consigned unto your
petitioner from Lisbon under the Command of John Tarry, and in his
voyage, about one hundred and ten Leagues from Lisbon, the seamen of
the sd. ship mutined Against the sd. Commander and turned himself, his
supercargo, mate and Boy out of said ship into the Boate to shift for
themselves and Ran Away with the shipe, Some of the men so running
Away being at present under conviction in this prison, and three
others having bin taken at Plimouth in order to bee also Brought to
Answare for their misdimeniors before the Authouritey of this Colony,
But did theare Breake prison and escaped unto the Government of Road
Iland, at which place they are Apprehended, and the said Tarry is
Liquise now Arived there for Another ship, consigned allso to your
petitioner, and is there detained to prosicute the Above offenders.

Your Petitioner in Behalf of the Imployers humbly craves that your
Hon'rs would be pleased to take such Coarse that the said escaped
prisoners may bee sent for to this place to Answare these facts
According to Law, the Evidence Against them Being partly heard All
Ready, and the Comander being also Bound to this place, soe that his
stay theare will bee very preduditiall to the voyge of said ship and
Imployers, the Ship Requiering A speedy Dispatch. And he shall Pray

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

[Footnote 2: The Court of Assistants, March 7, 1674, fined Major
Nicholas Shapleigh 500 pounds for harboring and concealing in his
warehouse William Forrest, Alexander Wilson, and John Smith, "capitall
offenders," arranging their escape, and receiving and concealing their
goods. _Records of the Court of Assistants_, I. 12-14, where a
petition of Alvin Child in the matter is referred to. See also Maine
Historical Society, _Documentary History_, second ser., VI. 38-42.]




CASE OF RODRIGUEZ AND RHODES.


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

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

To the Hon. Court of Assistants sitting in Boston

The Declaration of Thomas Mitchell of Maulden Fisherman Humbly
sheweth, That the said Mitchell beinge hired in October last both
himself and the Barque whereof he was a part owner, for three moneths
certaine and foure uncertaine upon a Tradeing voyage to the Eastward
as farre East as a Plais called Siccanecto[2] in the Bottome of the
Bay of Fundi by Captaine Peter Roderius and other of the Privateers,
as by a Charter Party under their hands and seales more att Large it
doth and may appeare, had nott any thought or suspition that the said
Privateers would have taken any things from any man wrongfully, they
before they went out severall times promiseinge the contrary (which if
they should deny may be made to appeare). Butt when sd. Privateers
came to the Eastward, instead of complyinge with their Charter Party
or makeinge good their Promise, forced the sd. Michell to carry them
whither they Pleased, and although the sd. Michell was very earnest
Seaverall times with them to be discharged from their service,
proffering them at Pemequid,[3] before he went out of this
Jurisdiction, to loose the hire of his vessell and with more they
desired rather [than] to proceed any further in said voyage, as
Lieutt. Gardner[4] and his sonnes can testifie, And when he came backe
from Pemequid, had he nott, the winde being Faire, been forced away
before he could speak with Lieutt. Gardner, he might have had
sufficient testimony from them of his unwillingnesse to proceed any
further with them; Neither did the said Michell give his consent to
their takeinge of any vessell or goods from any Person but as farr as
in him lay and as much as he durst did oppose the same: Neither had
the said Michell any share or part of any of the said goods that the
aforesd Privateer tooke, nor had any hand in the takeing of either
vessells or goods, butt was alwayes agt. such their proceedings, and
when they came as farr East as Naskeague,[5] when the Privateers spake
of goeing over the Bay of Fundi he told them he had rather give them a
Hundred Pounds than goe over the Bay with them, as by the Testimony of
Robert Wills may appeare which was sworne by The Worsp'll Mr.
Stoughton.[6] Nevertheless they forced the said Michell to goe over
the Bay with them, tellinge him they would carry him and his vessell
wherever they pleased, And Being at Tuskett Islands,[7] the said
Michell demandinge his hyre, telling them the time was expired that
was mentioned in the Charter Party, and that he desired to goe home to
looke after his familie and to pay his Merch'ts that had betrusted
him, And withall he forewarned them for weighing his Anchors for he
would stay noe longer in their service; But Richard Fowler,
threatninge that he would make a hole through his skinne if hee did
nott hold his tongue, went and, whether he would or nott, weighed his
Anchors and forced him to goe backe to Machias; The said Privateers by
their uncivill Carriage did make the said Michell soe weary of the
voyage that if he could have gotten an opportunity he would have come
away with his vessell and left them there, though he had lost all his
hire and what also he carried out with him; Now the Premisses beinge
considered by this Hon'ble Court, he hopes they will have soe much
Charitie for him as to conclude him nott guilty of those actions that
are laid to his Charge: The Just and Righteous determinations whereof
he Leaves to the Wisdome and Clemencie of this Hon'ble Court, and is
bound to subscribe Himself

Your Honours Most Humble Servt.,

THOMAS MITCHELL.

Boston, May the 24th, 1675.

[Footnote 2: Chignecto, Nova Scotia.]

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

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

[Footnote 5: Near Sedgwick, Maine.]

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

[Footnote 7: Off Yarmouth, Nova Scotia.]


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

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

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

Thatt whereas the said youring being in October last past, both
himselfe and the Barke whereof the said youring was part owner, and
being hyred upon A leading Voyage, so farr Easterly as A Place caulled
Zecganickto nere the botom of the Bay of Fundy (and noe further), by
Capt. Peter Rodregross and Company; As by A Charter Partie, Refferance
being had thereunto, more fully may Appear; and allso will therein
Declare thatt I your Poore and Humble Declarant Edward Youring had not
the Least Intention of anything thereby but onely and honestly to
Improve both myselfe and my Interest in the foresaid Barque, in an
honest Lawfull way; And it being well knowen and seen, both in Towne
or else where wherever my caulling haith Led mee, thatt I have been
according to my Capassetye and Abillity an Industreous hard Laberar,
whereby I mought gitt wherewith to mentayne my Famely, which in a
measure hayth been sumthing Comefortably untell now (through the
goodness of God), nor I have not at all been wanting to take the best
paynes I could for an honest Livelyhood, both for my selfe and my
Familie, I not being so Ignorant but thatt by Instructyans and good
Examples being thereby rightlie informed, thatt hee is worse than an
Infidle thatt shall not provide for his Familie, etc.; I Doe Declare
in the presence of God and Your Hon'rs this Day that, through God's
goodness to me, I am Conscious unto my owne Innocency, and am truly
free from thatt Reporte of my being guiltie of Pyracy or being A
pyorett, nither ever had I the Least thought nor suspition thatt those
persons which Carryed them selves so fairly to me whilst that I was in
Boston with them, would have caryed it so much contrary to whatt they
promised to me before they went from hence; And thatt was thatt they
would not meddle, nor take either vessells or goods from any English
man, as may Appeare by severel testimonys; whereupon I did proced upon
the said Voyage, upon Monthly Wages. And wee being come as farr East
as Casco Bay, then the Privateers (though much against my minde and
will) they wentt on Shoare and brought on Board of us severall Sheepe
which belonged to the inhabitants of thatt place, where upon I did so
farr show my dislike to the Privateers for soe doeing that I tould
them thatt I protested against their Actions in that way; where upon
they did not only revile and use opprobius and reproachfull words to
me for my declayring my minde to them, but they allso threated to
strycke me and being so threatened forced me to Silence, and they also
forced me to goe further upon the said voyage; and when wee arrived so
farr East as Pemmaquid I tooke so much notice of the debaucherie of
the Privateers thatt I thought in my selfe thatt the voyage was not
like only to be unproffitable but allso troublesome and uncomfortable,
whereupon I desired to be cleared from them, but I being one thatt
was bound by charter partie was forced to goe further East with them;
and Comeing to a Place caulled Knoskeegg,[2] there wee mett with Capt.
Roades and the Privateers tooke him aboard of our vessell, and after
some stay there the wind being Contrary, notwithstanding they went to
turne it out and as they ware turning out, I Edward Youring spoke to
Thomas Mitchell whoe was then at helme, desireing him to beare up the
helme and to goe no further with them, and I tould the sayd Mitchell
my reason was because I heard them say thay would take George
Manning[3] and the Vessell if they could meet with him, and one of the
Privateers, by name Randler Judgson, came to me as I was speaking to
Mitchell to beare up the helme, sweareing thus or this effect: "God
damne me, Youring or Mitchell, speake another word of bearing up the
Helme and Ile knock out your Braines with a hand speake", etc.;
furthermore I the sayd Youring haveing no way to Escape from them was
forced to Stay Longer with them, but at Length Comeing to a Harbour
further East, wee spieing a vessell at an Anchor, Capt. Rodregrose
commanded Thomas Mitchell to Steer right with her, and Comeing up with
her Rodregross bid them Amaine[4] for the Prince of Orainge; whareupon
they lowred out their Annchor and it proved to be George Manning; then
I the said Youring, haveing heard Rodregross and the Privateers say
whatt they Intended to doe if they meett with Manning, I intreated
them not to take him but to lett him goe peaceably with whatt hee had,
and onely give him warning for the future; but Rodregross instead of
Complying with my request blamed me much for speak[ing] against
takeing of him, and forthwith went on board and tooke a way his
peltery; and the same Afternoone made prize, both of vessell and
goods, after wh. I Edward Youring Speakeing in the behalf of Manning,
Capt. Rodregross tooke doune his pistol, wch generally he kept loaden
by him, and presented it to me, and had not Capt. Roades whch satt by
Layd his hand upon it, turnning of it away from me, I had then been
shott. and the next Night following Petter Grant one of the Privateers
made a writeing, and being very earnest with me to sett my hand to it,
toulde me it would be no damage to me to sett my hand as a Witness; I
the said Youring, being Ignorant of such things and not knowing what
was in it, I did Sett my hand to it, but no otherwayes butt as A
wittness (the which I did by reason of my being in feare of my life,
if I should have denyed to have done it), and soon after the
Pryvat[eer] [_torn_] had been at Mayhchyous[5] and Laded the goods
they tooke from George Manning, they went to St. Johns, wheare they
had not been above three or fower howers, as I judge, before thatt
there caime into the Harbor a vessell from the Sea and came to an
Anchor about a mile distant from us. then the said Rodregross
Commanded twoe boates to be manned to cary him and his Company, and
coming nere to the vessell, he bid them A Mayne for the Prince of
orainge, and Some in the vessell knowing him desired him to come
aboard, And when he came aboard Rodregross Commanded them to weigh
Anchor and to Come and Ride by him; and thatt Night Capt. Rodregross
kept possession of [_torn_] himself and the next day commanded his
boat from his own vessell, and Commanded George Walton, master of the
said vessell,[6] to deliver their Beaver and Moose, wch after search
made in the hold he tooke and Carryed it away, and I the said Youring
shewing my dislike as much as I darst in my opposeing Rodregross, upon
which and because I would not give my consent to goe over the Bay of
Fundee, I being one thatt was ingaged by Charter partie to the
Contrarie, and soone affter one of the Privateers struke me many
blowes upon my backe and Sides with a long knife Like a Short Hangger,
which brused me very mutch, and the same night being a very could
night in the latter eand of Dicember Last, the sayd Privateer thatt
hett me turned me ashoare, wheare I was like to be Starved wth could.
The next day following, I being very ill and very sore with the
blowes I recd the evenning before, and after the morning was a little
passed, with much intreetye I prevailed to git libertie to goe aboard
to gitt some Releife. And after they had forced Thomas Mitchell and
myselfe to goe over the Bay of Fundee, as wee Returned backe wee put
into Maychyas, and Standing into the harbor wee saw a vessell under
Duch collors standing out; which when wee came nere unto proved to be
George Mannings vessell; whoe as soone as hee came up with us, haveing
gotten to Windward of our Vessell, poured a Volley of Shott in upon us
with Dutch coullors flying, and presently affter wee saw a vessell
with French Coullors, upon which wee concluded All to be French and
thatt wee ware betrayed and should bee taken; thereupon Capt.
Rodregross Commanded every man to his Arms and to fight for his life.
But as soone as Capt. Mosely[7] Came up with us, hee haveing the
English Coullors out, Hee bid us A Maine for the King of England, and
I myselfe Loured the Maine Sayle three or foure foot doune, at which
Capt. Rodregross was very angry with me and Commanded me to hoyse it
againe, which I Refused to doe; and there upon I went forward and Laye
before the windles tell the vessell was taken; And when the Capt.
yeelded, I Edward Youringe Lett fall the Anchor; I being very glad
that I was freed from the Bondage and Slavery I was in untell the
vessell was taken by Capt. Moseley; I being all the voyage Comanded,
as occasion presented, to goe a Shoare with John Farmer to cott wood
and fetch watter to carry aboard; notwithstanding one halfe of the
vessell was my owne; and also I stand Still ingaged for one halfe of
the Cargoe thatt was Carryed out from Boston.

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

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

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

[Footnote 5: Machias.]

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

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

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

EDWARD YOUREING.[8]

Boston the 24th of May
  1675.

[Footnote 8: Of one of the Dutchmen concerned in this episode of
piracy, Cornelius Andersen, Hutchinson relates, quoting a contemporary
letter, that, being under sentence of death for piracy, but pardoned
on condition of enlisting in King Philip's War, "He pursued Phillip so
hard that he got his cap and now wears it. The general, finding him a
brave man, sent him with a command of twelve men to scout, with orders
to return in three hours on pain of death; he met 60 Indians hauling
their canoes ashore: he killed 13 and took 8 alive, and pursued the
rest as far as he could go for swamps, and on his return burnt all the
canoes ... and a short time after was sent out on a like design and
brought in 12 Indians alive and two scalps." _History of Massachusetts
Bay_, I. 263.]




BRANDENBURG PRIVATEERS.


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

[Footnote 1: British Museum, Harleian MSS., 1517, fol. 232. Probably
an intercepted letter. Colbert was the great prime minister of Louis
XIV.; Seignelay, Colbert's eldest son, was minister of marine. The
document has a curious interest as showing perhaps the first instance
in which the (Brandenburg-) Prussian navy, or privateer marine,
touches American history. The Great Elector, Frederick William, had
for some time cherished ambitious designs, respecting the creation of
a navy and the establishment of colonies, but it was not till late in
1680 that he possessed a war-ship of his own, in 1681 that he began a
little establishment on the West African coast, in 1682 that he
founded his African Company. In this year 1679 he had a few ships
hired from a Dutchman, and it appears from this letter of the watchful
French minister that two others were being prepared for his service in
Zeeland. For five years he had been at war with France. His
allies--England, the Dutch, the Emperor--had made peace at Nymwegen in
1678. He was in danger of standing alone, and had made an armistice
March 31, prolonged May 3.]

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

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

Le Roy ayant esté informé à la fin du mois passé que deux particuliers
avoient fait depuis peu un armement dans les Portes de Zelande, et
qu'ils en essoient partis avec deux Vaisseaux armez en guerre pour
aller dans les Isles d'Amerique faire la guerre a ses Sujets sous la
Commission de Monsieur l'Electeur de Brandenbourg, Sa Majesté fit
partir pour les dites Isles M. le Comte d'Estrées avec une escadre de
quatorze vaisseaux pour les prendre ou couler à fonds. Et comme il est
porté par le 9me Article du traitté de suspension d'armez que vous
aves signé le 3e de ce mois avec l'Ambassadeur de ce Prince, que le
comerce sera libre tant par eau que par terre, Sa Majesté veut que
vous proposiez au dit Seigneur l'Ambassadeur de donner ordre aux
Capitaines des dites deux fregates de ne rien entreprendre au
prejudice du dit Traitté contre les Vasseaux des Subjects de Sa
Majesté. Et en ce cas Elle fera scavoir audit Seigneur Comte
d'Estrées, que son intention est qu'il laisse la liberté aux dites
deux fregates, de naviguer par tout ou bon leur semblera. J'attendray
ce qu'il vous plaira de me faire scavoir sur ce sujet, pour en rendre
compte 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 two
individuals had lately fitted out in the ports of Zeeland, and had
sailed thence with two vessels, armed for warfare, to go to the
islands of America, and make war upon his subjects under commission
from my lord the Elector of Brandenburg, his Majesty is sending my
lord the Count d'Estrées with a squadron of fourteen vessels to seize
or sink them.[3] And as it is provided by the ninth article of the
treaty of armistice which you signed on the 3d of this month with the
ambassador of that prince, that commerce shall be free by water as
well as by land,[4] his Majesty desires that you should propose to the
said lord ambassador that he give orders to the captains of the
aforesaid two frigates to undertake nothing to the prejudice of the
said treaty, against the vessels of his Majesty's subjects. And in
that case he will communicate to the said lord Count d'Estrées his
intention that he shall leave the said two frigates free to sail
wherever they think fit.[5] I shall await whatever information you may
be pleased to send me on this subject, in order to report it to his
Majesty, etc.

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

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

[Footnote 4: The articles prolonging the armistice till May 18 had
been signed at Xanten on May 3 by Colbert and Marshal d'Estrades for
Louis XIV. and by Werner von Blaspiel for the elector. For their text,
see _Actes et 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 history
of Brandenburg privateers in the New World, see documents 47 and 48.]




BARTHOLOMEW SHARP AND OTHERS.


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

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

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

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

_The Names of the Captaines_

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

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

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

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

January the 7th, Ditto. Thes Commanders above expresed Sett Sayle with
a fresh gail of wind, at S.E. and E.S.E. [_cut off_] we stands over
Close hailed with our Larbourd tackes abord[5] steming S.S.W. and
S.b.W., keeping the Reefes of our Topesayles in, for the most part of
our Vessells proved Leacke, that Capt. Cornelies Essex was vayne[6] to
would his shipp Together with Two Hassers[7] to keep her together.
Capt. Bartholomew Sharpe Lost his Bolsprit, that he was forced to
Beare away large.[8] they gott into Ankour at the Island of Pine lying
in the Samblowes in North Lattitud 9° 40´.[9] As we weare Coming out
of portamorrant, about 6 Leagues from the Port, we meetts with a
french Brickanteen, on[e] John Row Commander. he understanding our
Designe, was willing to Concert with us. the weather growing very bad
and lickly to Continue soe sum time, that as much as Ever sum shipps
was abell to goe through the Sea, Capt. Essex by name his vessell
being ould gave way in her boue that if shee had not been wolded,[10]
Could never a he[ld] together. Capt. Coxon Calls and orders that he
would make the Best of his way to the Isle of Forta, and gave order
that those that gott thear first, to Leave a Noat one the Sandy point,
to Sattisfie the Rest which are to com after, and them that first gott
to forta, to goe over to the frinds Islands, Islands which lyeth about
12 Leagues to the westwards of Cathergeane,[11] about 8 leagues from
Forta. our Admirall, the french Brickenteen, and the two slopes[12]
getts to forta first, which finding Neither Capt. Essex nor Capt.
Sharpe thear, Feared they had binn Suncke in the Sea. Capt. Coxon went
over to the frinds Islands with one Slopes Crew and the Brickenteens
Crew, Leaveing a Sayling Crew abord: goe to ly amongst thes frinds
Islands to take pery agoes[13] and Canoes to Land our people at
Portavella. 2 dayes after a Rives Capt. Cornelyes Essex at forta, But
noe news of Capt. Bartholomew Sharpe. we did Certainly expect he had
binn Lost. they stayd at thes frinds Islands 3 dayes. they Brings with
them 4 pery agoes, and Six very good Large Cannoes. we fills watter at
Forta and Concludes to see if through the marcyes of god Capt. Sharpe
might be gotten into pines.[14] Capt. Coxon being the best sayler,
Lost Company with us, he stering away S.w.b.w. and we w.s.w., that he
weathered the golden Islands[15] and gott to An Ankour at the Isle of
pines, which Lyeth in 9° 40´[16] North Lattitud, and beareth from the
Golden Islands n.w.b.w. about 6 Leagues. only Capt. Coxon Weathered
the Golden Islands and gott into pines, he being the best windward
boat, it blowing very hard, the two slopes, the french Brickenteenn
and Captain Cornelies Essex bore up and cam to Ankour at the Golden
Islands. Capt. Coxon in his way to Pines Sees a sayle in the offinge,
makes sayle towards her, Comes up with her, and finds her to be a
Barque cam out of Jamaco one the Same accoumpt as we did, and Came
over to the Samblowes to meett with the Fleett. we weare all Glad of
his Company, for we wanted men. Coming into Pines, they found Capt.
Sharpe had binn ther, and Suppose had fitted what damage he Receved at
Sea, and Imagined he was gone to looke for the fleete. the weather
being so bad att Present, could goe no farther with our Shipps. Coxon
sends capt. Cooke with his barque from Pines to the Golden Island, to
give us notice that he would be gone alone with his owne company and
the Sloopes, in case that wee did not make hast to Pines, but the wind
blowing hard att W.N.W. could not gett out. Capt. Coxon the next day
comes downe himself in his cannoe, to knowe the reasone of our stay,
and findeing the winde contrary, that wee could not gett out, Advised
the commanders to make what dispatch they could in their cannoes and
Peeriaugers, to Pines, and from thence to Puerta-Vella, being afraide
some of their traideing boates should Discry them. Capt Cooke in his
way to us meetes with a Spannish galliote[17] from Carthageane, bound
to Puerta Vella with Negroes, butt ther being a desention amounge the
company, some desireous to borde him, others nott, so that in fine
they losst him. the currant under shoare setting stronge to the
Eastward and haveing hard westerly winds, capt. Cooke could nott gett
the Golden Islands, but was drove downe into the bay of Dueryan;[18]
in the meane time our Party Imbarkques in perriaugers and Cannoes,
being mighty desierouse to be their before should be descried. And
lyeing here, wee gott greate acquaintance with the Natives of this
Country, which the Spaniards had driven over to this side of the Land
from the South side; wee found the Indians to have a greate Antipothy
against the Spaniards, but could not know to have their revenge. they
understanding our designes, they corted us to land and thay would shew
us wheir was Spanish townes Plenty of Silver and golde; of which more
here-after. The cannoes being gonn to Puerta Vella with about two
hundred and fifty men, left the shipping with a sailing crew a borde
to follow after, wheir orders was given by capt. Coxon, chiefe
commander, to make what hast he could to lower Rainge of Keys in the
Samboles, to a Key call'd Springers carreening Key,[19] and to goe no
farther till farther Orders. the parting cannoes, goeing downe the
Samboles, sees a greate shipp rideing att an Anchor att the 2d Rainge
of Keyes, which coming neare they found her to be a French privateere,
One capt. Lessone, who carreen'd in the Samboles. The said capt.
understanding the designe wee weare about, Joyn'd his company with
ours, who weare about Eighty men out of him, so wee went with all our
parties on with corrage, and landed them about twenty leagues short of
Puerta Vella in an olde ruinated Port called Puerta Pee; the way was
very rocky and bad to march, they goeing near the sea side to Eschape
the look-out which thay saw plainely on a high Hill, butt as god would
have itt, the look-out did nott see them. this being Wensday they
begin to drawe neare Puerta Vella. The Satterday following, about ten
aclocke, came into an Indian Village. our peopple many of them were
weake, being three day with-out any foode, and their feete cutt with
the rocks for want of Shoose, soe an Indian man, crying out,
"ladroones",[20] runs and make what speede he could to Puerta Vella.
so Coxon our Generall cryed out, "good boyes, You that are able to
runn gett into towne before wee are descryed". wee had then about 3
miles to Puerta Vella. The Indian being too nimble for us, wee being
tired afore, He gott into Puerta Vella about half a hower before us,
and cried out, "Ladroones!" Imediately wee heard the Alarm gunn fier.
wee then certainly knew that wee weare discried. wee made what hast
wee could into the towne, the forloorne[21] being led by capt. Robert
Alliston, the rest of our party following upp so fast as they could.
before ---- of the clocke in the Afternoon wee had taken the towne,
the peopple of the Place takeing to their stronge castle call'd the
Glory, to secure themselves. the next day the Spaniards, being about
two hundred, made an Attempt to come out of the Glory. wee face't them
and made them to retreate back to their Castle to some of their
sorrowes, which fell to the ground. wee kept the towne 2 dayes,
plunder[ed] what wee could of itt, and putt the best of our Plunder
into cannoes which wee tooke their. some men marcht back by lands,
guarding the Prisonnars alonge with them, Hopeing wee should have had
ransome for them: wee carried our Plunder, Plate and prissonars downe
to a Key about 3 leauges and a half from Puerta Vella, The next Key's
to the Bastamentes,[22] and on Tuesday comes away Capt. Robert
Alleston to Springers carreeneing Key, to give notice to the Shipps
which was all their att anchor that wee should make what dispach wee
could to the Bastamentes, wheir our party lay. capt. Alliston
info[r]m'd us that thay had taken Puerta Vella and plundred the most
part of the Towne, without the loss of many men, onely five or six men
wounded, and that a cannoe of the best plunder, as cloth of silver,
cloth of tishee,[23] being soe covittious to lode deepe, sanck in the
river comeing downe; the small fortes fiering, they wounded 2 or 3 men
in the cannoes. Our plunder being carried downe to the Bastamentes,
and our peopple which marched by land being come, carries plunder and
Prissnars uppon a Key lying aboutt half a mile from the maine land.
their came downe about 3 dayes after from Puerta Vella as neare as wee
could Judge seven Hundred soldiers, that came from Pennamau[24] and
arrived att Puerta Vella the tuesday as wee came away the Munday
before. the Spaniards came downe on brest the Key wee weire uppon, and
fired severall small armes, shooteing cleare over this Key, soe wee
tooke our prissnars with plunder and what wee had gotten att Puerta
Vella, and carried to another Key hard by, out of their Reaches, soe
our shipps come downe wheir the partie lay in dispute what to doe,
haveing some thoughts the Spaniard would send to relieve the
Prissnars. keepeing strickt watch, wee saw the next day a Barkque
longo[25] standing in to Puerta Vella, which capt. bartholl'w Sharpe
went out and tooke. Her lodeing was salt and corne came from
Carthagene. Keepeing very good watch att top mast head, 3 day's after
wee saw comeing in a good bigg shipp, came from Carthagene. Our Shipps
and Sloopes weighs and went out and mett her, as she was standing in
to Puerta Vella. Capt. Allisson comeing up with her first in his
Sloope Ingages her, and Coxon seconding him clapps her aborde and
takes her without the loss of any men. some Spaniards fell for thay
fought about one hower. she had Eight gunn's, a new shipp of about
ninety tunn's, the chiefest of her ladeing being timber, salt and
corne, and about 30 Negroe's and about fower chest of silke, Besides
packetts of greate Conscernment from the King of Spaine, as was
Reported by them which by relacion of our armie, thatt our Generall,
capt. Coxon, had presented him in a Jarr of wine five Hundred peices
of gould which he wronged the party of by Keepeing of itt to himself,
he being sworne as well as any other man not to wronge any one. After
this wee sheard[26] our Puerta Vella voyage, which was in money and
plate and plunder wee had to the Vallew of hundred peeces of Eight a
man. then wee concluded to goe downe to Boca-Toro,[27] to make cleane
our shipps, that being the best place to carreene our shipps, by
reason their is good store of turtle and Manatee and fish, our shipps
being made cleane and ready for to sayle about six weekes time, butt
wee fell in with Boca Draga and went thro' Boca Draga into Boca Toro,
wheir seing a saile a cannoe went to her, and found itt to be a Barque
longo, The commander one Richard Sawlkings, who tolde us of Capt.
Peter Harriss's being att Diego's point[28] a carreeneing. wee
dispacht as soone as possible. Capt. Coxon fitted out his new shipp,
leaveing his olde one their, Capt. Essex leaveing his Barkque their
she being so rotten. wee acquainting capt. Peter Harriss and capt
Rich. Sawlking of the greate commerce wee had with the Indians in the
Samboles, was very willing to goe upp with their shipps, so all
concluded to goe upp to capt Lessones Carreeneing Key. Boca Toro lieth
about 50 leagues to leeward[29] of Porta Vella and Boca Drago 3
leauges to leeward of Boca Toro. all the shipps meeteing att Lessoones
carreeneing Key aforesaid, wheir was orders for our randevous, capt.
Coxon concludes to goe upp to the goulden Islands and to travill over
land to Pannamau, otherwise to a place which the Indians tolde us of,
cal'd Toca Mora. all our English concluded to goe, but capt Lessoone
and capt Jno. Rowe their Peopple refus'd, being man'd all with French.
The Indians being very familliar came uppon a Key to our shipps, men,
Women and children, Informing us that whilst wee weare att Puerta
Vella the Spaniards had beene downe with about Eighty soldiers and had
fell uppon the Indians for their haveing familiarity with us. The
Spaniards did Kill of the Indians by their relation about 20, the rest
of the Indians takeing the mountans for their security tell wee came.
these Indians altho' Heathens yett have those amounge them that thay
call Doctors, that can raise the Divill att their Pleasure. they knew
of our comeing and att what time wee should be their, and when thay
saw us, it was greate sattisfaction to them, wee putting out a signe,
which was a white Jack and no Ensigne, then thay come on borde. thay
offers themselves to goe with us to take revenge of the Spaniards,
which they call by the name of walkers. Wee makeing in all, in mony,
Plate and Plunder, about a hundred peices of Eight a man att Puerta
Vella, peopple was Eagar for more Voyage, and was now fully resolved
to goe to the Goulden Island and hall our shipps into a small Cove or
creeke out of sight of any Spaniard, if any should come that way,
haling our small Barkques and small vessells as close as wee thought
convenient under the shelter of the greate shipps, and order so many
men to stay on borde of Each Vessell according to their bigness to
looke after them, and likewise order was given that if any should come
in their to oppose them, the peopple weare all of them to goe on borde
of capt. Coxon and capt. Peter Harriss's Shipp to defend themselves
and Shipps to the uttmost of their Power. And on sunday, being the 4
day of Aprill,[30] wee Provides our provission to land next morning
itt being munday. the french shipps we left in the Samboles. next day
about 6 aclock in the morning lands 332 men, being Piloted by the
Indians, who seemed to be very forward in their Assistance, as here
after will prove.

Thus much for Puerta Vella Voyage.

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

[Footnote 6: Fain.]

[Footnote 7: Hawsers.]

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

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

[Footnote 10: Woolded, wound around with cables, "undergirded" like
St. Paul's ship, Acts xxvii. 27. [Transcriber's Note: Correct verse is
17.]]

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

[Footnote 12: Sloops.]

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

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

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

[Footnote 16: 9° 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. The
buccaneers were proceeding westward.]

[Footnote 20: Sp. _ladrones_, robbers.]

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

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

[Footnote 23: Tissue.]

[Footnote 24: Panama.]

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

[Footnote 26: Shared.]

[Footnote 27: The Boca del Toro and Boca del Drago ("bull's mouth" and
"dragon's mouth") are entrances on either side of the Isla de 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 chief
narrative of these piratical adventures, and a remarkably interesting
one, is that of Basil Ringrose, which constitutes the second volume of
Exquemelin; see note 1 to document 44. There are also the narrative
signed "W.D." and those attributed to Capt. Bartholomew Sharp (notes 1
and 3, _ibid._), and very brief accounts in William Dampier's _New
Voyage around the World_ (London, 1697) and in Lionel Wafer's _A New
Voyage and Description of the Isthmus of America_ (London, 1699). The
present narration is by still another participant, illiterate but not
incapable of telling an interesting story, with many additional
details.]

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

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

All these above mencion'd captaines landed att the Golden Islands,
which lieth about 15 leagues to the westerd of the westmost Point of
Durian[2] bay. this golden Island lyeth in North lattitude nearest in
9° 12´. capt. Allisson and capt. Maggott being sickly weare unable to
march, butt all the aforsd captaines landed with their men, leaveing
onely a sayleing crew on bord Each vessell; their Orders being that if
any should come to oppose them, all hands to repair on Borde Harriss
and Coxon, thay being shipps of force. Being on Shoare wee had about
Halfe an Howers discource with the Indians. thay amounge Each other
chose out two men to goe before the forloorne, to shew us the way.
first of all wee marched through a small skert of a wood, downe to
sandy bay by the sea side, about 2 miles; the marching over the sandy
bay was tiersom, haveing our gunns Amunition and knapsacks of
provant[3] to carry with us, but after wee past this sandy Bay wee
Enters into a wood againe, which lead us into a valley which in time
of raines is full of water. by three of the clocke this day wee Had
martched from the shipps 3 leauges, and takes upp our seate, wheir wee
intended that night to sleepe. their came downe to us one capt.
Andreas,[4] an Indian, with some others with him. he spake a little
Spannish, and gave us the bien venitdo.[5] thay brought Plantins downe
with them, which they distributed to the company, thinking theirby Had
done us a greate Kindness; their garments are made of cotton, they
weare longe Black Hair, the men weare a peice of thinn gould in their
Noses, which is made like a Half moone (like unto the Marg't)[6]
kivering their lipps. some few of them hath itt made of silver. their
women goes bear headed, with longe black Hair hanging downe, wearing a
kinde of white cotton Blanckett over their Sholders, which comes downe
about their bodyes. thay weare in the grissell of their nose a round
ring, some of Silver, some of golde. capt. Andreas tolde us he would
have borne us company to have martched next day, butt that he had a
childe sicke and fear'd would soone die; and when dead, would follow
us with a comepany of Indians with him; and soe tooke his leave of us.
The next day being tuesday, in the morning about 4 of the clock word
was gave to Martch, and that no man, on the loss of life, should fier
a gunn in the woodes, least some Indian Rogues or other should betray
us, by runing afore to acquaint the Spaniards. yesterday two men
tier'd, so went back againe. this tuesday wee Martched upp a very high
Hill. twas neare 10 of the clock before wee gott the topp of itt. one
man more tier'd, that return'd back againe. on this Hill wee could
finde no water, so that the company weare almost famisht for the want
theirof. the Indian pilotts gave us to understand that a little
farther was water, which about 2 of the clock wee came up with; wheire
wee all dranck and Refreshed our selves bravely. about 2 howers martch
farther wee gott downe to the foote of this Hill. on the South side is
a brave River whear wee tooke up our quarters that night, it being the
second night of rest since wee left our Shipps. this day wee martched
neare 14 miles E.S.E. nearest. the next day, being wensday the 7.
ditto, as soone as the Day brake wee weare uppon our Martch. about 10.
of the clocke wee rested and refresht our selves with bread an water,
and Pipes and tobacco; and about 3 of the clock wee tooke upp our
quarters againe, by a river side. in the woodes wee saw some Indian
Hutte, butt no strainge Indians, for wee went a course more to the
southward to fetch a Circute cleare of the Duryan Indians, who have a
continuall Peace with the Spaniard.

[Footnote 2: Darien.]

[Footnote 3: Provisions.]

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

[Footnote 5: _Buen venido_, welcome.]

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

Thirsday the 8 wee wear desired by Our Indian Pilotes to be martching
by breake of day, that so wee might comepass 6 leauges, which wee did.
about 2 aclock wee came up with some hutts, wheir their Kinge lived,
who received us with greate kindness, being Joyfull of our company, as
he Exprest it by presenting us with Plantans, Cassado,[7] Indian
Corne, Drinck, and Rootes; haveing beene with us some time, return'd
to his house againe. his garment was of white cotton made like to a
friars cote. in the Evening the King came to us againe with his 2
sones, being in one garbe, save that the Kinge had in his Hand a longe
white rodd of about 7 foote longe, and a Hoope of Golde about his Head
for his crowne. this Hoope was about 2 Inches and a half broade. the
Kinge had 3 daughters of womens Estate, very comely Indians, who went
in fine cotton Roped about their bodies. Both men and women tooke much
delight to heare our Drum beate and colers fly but to fier a gunn or
to heare the noyse thay weare afraide. the Kings Daughters fantsied
much to be in our Company, in so much that some of our Peopple by
signes would ask them if they should live with them and thay be their
wives. thay often would make Arrants to their fathers house to fetch
us Plantans. The Kinge tolde capt. Coxon that the next day wee must
nott march butt that he must send one of his sones to gett cannoes, to
carry us all by water downe the river, and that in two dayes march
more (itt being Sunday) wee should come wheir these Cannoes wheir. wee
often mett with Indian Hutts in the Martch, in which the Peopple
stoode ready to throw us Plantans and give us corne drincke.[8] wee
found that they weare makeing cannoes for us as fast as they could.
thiss day wee martcht about 5 leagues and came up with 3 or 4 Houses
close by a River-side wheir wee lodged. hear thay provided about 14
cannoes which those that weare most tired with martching went into,
about 90 men in the cannoes, 2 or 3 Indians to worke them downe the
River, thay haveing Experience to worke cannoes in a river wheir the
currant runns like an Arrow out of a bow.[9] the cheifest of our
company this Sunday marched againe. the cannoes went downe the River.
wee martched till night, where wee had all the rest of the cannoes
made ready, about 60; in some cannoes their wear 6, some 4 and 3
Indians according to the biggness. the Indians tolde us that with-in 2
dayes after, which was tuesday, wee should see the other cannoes which
went away out of the other river;[10] wee weare putt all to a stand
att thiss and thoughts rise amounge us that these Indians onely
seperated us to bring us all to destruction, so thatt wee had much
grumbings amounge us, that thay made Signes wee should nott be
troubled att any thing. the next day, wee haveing cannoes and
Barkloggs enow, wee Imbarkques, haveing 2 Indians in Each cannoe, to
steare them downe, because the freshes runn soe swift as possible can
be Imagind, that the least touch of a cannoe against a stump or Rock
over setts them if nott staves them all to peices. Munday night past,
wee heare no newes of our other party that went away out of the other
river, butt the Indians tolde us by signes that, by such time the sunn
was att such a High as thay pointed, wee should see the other party.
Tuesday Every one takes to his cannoe againe and went downe the river,
and about 10 of the clock we saw an Indian cannoe a setting to us
against the streame, alonght the river side, who tolde us that our
cannoes which came downe the other River was gott to the place wheire
both rivers mett, wheir the Indians intended to meete us. about 2 of
the clock in the After noone we wear gott downe, and wear very glad to
Injoy the comepany of our owne Peopple againe. in comeing downe the
River some cannoes wear over sett; some lost their Armes, butt the
Indians would dive and gett them up againe. one man being left behinde
in the woodes astray, Expecting to Kill something to eate, the Indians
weare soe Kind as to bring him downe to us. thiss afternoone wee fixes
our Armes and cattoch[11] Boxes, Dryes our Poweder. now 20 leagues
farther wee come to a Place called Santa Maria,[12] to which place wee
rowe and paddle very hard alday. this place made all with Stockados,
no greate gunns, but onely a place to keepe the Indians out of the
river, itt being a river wheir thay take much golde. about one aclock
att night wee wear gotten close under the Stockadose, soe that wee
could heare the Centry talke. wee landed about half a mile from the
place in the woods and lay their till day. Next morning wee heard a
drum beate. thay fier'd a small arme to discharge their watch, which
hearing no more gunns fired wee knew that wee wear not descryed. Capt
Rich'd Sawlkings runns up to the Pallassados and all the party
following him as fast as thay could, and fiering att the Pallassados,
and thay att us; fiering with their harkquebusses, throweing lances,
and shooteing Arrowes. thay had within their Pallassados about 200
men. wee killed about 70 men. after wee had had about half an howers
dispute with them, Capt. Rich Sawlkings runns to the pallassado's with
2 or 3 men more, and halls up 2 or 3 pallassados by maine strength,
and enters in. thay Imediately calls for Quarter, which was presently
granted by us. this was one Thirday the 15 day of Aprill. the Governor
with 2 Negroes and 2 women made his Eschape by runing about a mile
downe the river, wheir he takes a cannoe and makes for Pennamau downe
the river so fast as he could, butt understanding he had made his
Eschape fitted in the Afternoone a cannoe with six oares. capt.
Sawlkings goes in her to see if he could finde this governor butt
could nott. wee lay att these Stockadose 2 dayes. itt is a very small
place onely to shelter those that goes to wash golde in another Arme
of the River, which comes out of a river[13] into this Santa Maria
river. The Injury wee received in takeing the Pallassadoes was that
capt. Sawlkings was shott in the Head with an arrow, and one man more
shott in the hand, butt both soone cured. wee by Examining Our
Prissonars understoode, that 4 dayes before wee came there went away
for Pannamau 2 Small Barques which caried away 4 chests of dust golde.
thay had no newes of us before thay saw us. heare we found butt little
Riches. some church plate, as is reported, was found, some dust golde
in callabasses,[14] some wines and brandy, Jerck porke, good store of
bread. the next day wee drawes out to see who would goe for the South
Seas, that is to say to take Pennamau; att last wee findes all our
party, butt ii which wear unwilling. Our Generall, capt. Coxon, seemed
unwilling, butt with much perswaission went; those ii men that would
returne, wee putts into their hands to carry that plate wee tooke
heare. thay had Indians to conduct them back. Now wee putts our
selves all in Readiness for Pennamau, which lieth about 30 leagues
from thiss Santa Marea river to the Northwards. wee wear 2 dayes a
roweing out of this snta Marea River, before wee gott into the South
Seas. in this place there runns very Stronge tydes of Ebb and floode.
the tydes keepe their common course as thay doe in the North Sea. itt
flowes by the moone S.S.E. soe wee getting out of the river and the
tyde of floode comeing on, wee rowed hard to gett over to a key which
wee saw,[15] and Stopt their till the floode had done. on which key
wee found the 2 Negro women which had made their Eschape alonge with
the Governor of the Stockadose. thay tolde us that the gover'r went
from thence that morning intending to row alonge shore with the 2
Negro men to Pennamau, he perswaiding him-self that wee would be for
Pennamau. wee sent one of our best cannoes to rowe after him, butt to
no purpose. Butt when wee left the Stockadose, the prissnars beggs of
us to carry them away with us, crying that the Indians would distroy
them all, soe when wee departed that Place wee carried with us what
wee possibly could. no soonar wee came a shore butt wee hears a
miserable crye. the Indians killed all the poore soules that weare
left. Now wee being in the South Sea's goes alonge shoare to a Plantan
Key,[16] which lieth about 14 leagues from Pennamau. wee tooke 2
Negroes which was sent thether to cutt woode for building as well as
to breede provissions. Barkques come from Pennamau to fetch itt. this
night as wee lay here wee saw a Barque on the back side of this key.
wee man'd 2 cannoes and went out and tooke her. she fier'd 2 or 3
small Arme's att us butt did not any harme. next morning we went all
out from the key in our cannoes. Our Gen'll capt. Coxon bad all
peopple that wear in small cannoes, to goe on borde the barkque and
putt their cannoes adrift. capt. Batt Sharpe went into the Barkque
commander, and about 135 men, which had beene in very small cannoes
and fearfull thay might Sinck under them. wee understood by this
barkque that wee wear nott as yett descried att Pennamau. this day
wee makes sayle, Keepeing the Perriaugers and cannoes company. that
next night wee saw another Small Barkque which capt. Peter Harris came
upp with in his cannoe and tooke. she had on borde her about 20 Armed
men. thay fought about a quarter of an hower, wounded one of our men.
capt. Sharpe looseing comepany in his barkque that night went away to
the Pearle Keys.[17] Heard of a new Barkque Just launched, wee found
to be trew; soe wee tooke the new one and sank the olde one wee first
gott. wee gott their some plunder out of a House. this Night wee makes
what sayle wee could to gett our party which went for Pennamau. capt.
Sharpe haveing the 3d. part of the comepany one borde him disabled the
Party, so as thay dirst not venture on Pennamau. Butt seeing 6 or 7
sayle of Shipps lying of att the Keys of Perico,[18] which lyeth in 9
degr. North lattitude and about 2 miles from Pennamau, wheir All the
shipps that come to Pennamau rides, Thay putts for the Shipps, butt
the Gover'r that had made his Eschape att the Stockadose did nott
discry us, butt tolde them Sta. Maria was taken, by what nation he
could nott well tell butt thought itt weare English. A Barkque wee
gave chase to butt could nott fetch her upp. she seeing all our
cannoes getts into Pennamau and makes alarme. their was by Relacion
putt on board the shipp and Barkques which came out to fight us 300
Soldados[19] and Armed men. wee had about 3 howers dispute and tooke
them all. wee killed and wounded many men. And Brave vallient capt.
Peter Harriss was shott in his cannoe through both his leggs, bordeing
of a greate shipp. their was nott any gott cleare only on [one] small
Barkque that rann into Pennamau againe. itt being all done and Quiatt,
the Spanish Gen'll[20] being kill'd wee tooke his Chief captaine, one
capt. Berralto,[21] who being an Antient Seaman in those seas we
caused him to be our Pylott, he being the commdr. of that shipp that
carried away the Riches from Pennamau to Limma about 12 years since,
that same time when Sr. Henry Morgan tooke Pennamau. this capt.
Berralto was much burnt, and his peopple most of them kill'd and
blowne upp, for as thay fought us thay had scatter'd loose powder on
their decks, which tooke a fier by some accident or other, that wee
seeing itt borded them and tooke them. these 7 sayle of shipps we
tooke att Pennamau was not above half unloded. their lading was
flower, linnen and woolen cloath, one greate shipp half laden with
Iron. wee desierd of capt. Berralto which wear the best saylors. he
told us on his word the _Trinnity_ was the best in the South Seas, soe
wee pitched on her for Admirall,[22] putting capt. Harriss abord that
was wounded. the Doctors cutting of one legg itt fester'd so that itt
pleased god he died, so wee lost that Valliant brave Soldiar. then wee
putt in capt. Rich'd Sawlkings into the Shipp _Trinity_ and made him
Our Admirall. our former Adm'll[23] nott behaveing himself Nobly in
time of Ingagement, was something houted att by the Party, that he
Imediately went away to goe over land. wee gave him a small barkque,
with which he return'd to the river of Sta. Maria with about 70 men
alonge with him, capt. Richd. Sawlkings being now the chief commander
in the Shipp _Trinity_, capt. Cooke commander of a Barkque about
Eighty tunns, capt. Batt. Sharpe in a small Barkque that came from the
Pearle Keys, and another small barke wee kept to weight uppon us. thay
fierd their gunns off from Pennamau to us butt did us no damage. wee
solde wine to Spaniards that came off shoare to buy itt by stillt, and
thay brought us off hatts and showes to sell; butt about the sixt of
March,[24] and the very next day that capt. Coxon our Adm'll went
away, wee saw a shipp. wee gave her chase and tooke her, with capt.
Batt. Sharps Barkque. she came from the citty Limmo,[25] most of her
ladeing was flower. fifty thousand Peices of Eight in her and some
silkes. capt. Sharpe shifted out of his Barkque into thiss Limmo
Shipp; wee tooke what was needfull out of her, for dyett, wines,
brandie, and what elce wee found good, and burnt and sunck all the
rest. Kept onely those shipps aforemenciond for our owne use. Wee
resolveing now to cruise these Seas, for wealth, wee stands from this
Place or the Keys of Perico (so called) 3 leagues to another Key, very
well Inhabited, to fill our water for the Sea, butt findeing we had no
meat to eate (altho' Enough flower, Brandye and wine) wee concluded to
gett som. to that end some Prissnars telling us of a Place called the
Yjakeell,[26] a very rich towne, and that their wee might a voyage att
once, Our Adm'll capt. Sawlkings was willing to goe to this place
before they should have any Knowlidge of our comeing, butt our
peopple, being head stronge, would have meate to eate first. this
Pennama lieth in 9° No. lattitude in a bottom of a bay. wee sett saile
with our greate shipp _Trinity_, and capt. Sharpe in the Lymmo shipp,
and capt. Edmond Cooke in another Barkque, and 2 small Barkques, 7 men
a Peece, very Head stronge fellowes, which sepperated themselves from
us. wee saild S.W. and B.W.[27] and W.S.W. about 60 leagues and came
up with these keys of Quibo Nueve,[28] or the keys of the new towne,
wheir all shipps that goes from Pennamau to Lymmo touches to water and
all shipps that come from windward makes these keyes if thay are bound
into Pennamau. here is good Pearle oystars And fishing and Deare on
the Keys. the 28 day of Apr'll capt. Sawlkings comes on borde capt.
Edmond Cooke with about 60 men, goes to saile, and carries him into
this river called Pueblo Nuevo.[29] wee went into a river by the
Assistance of a Pilott. capt. Sawlkings went ashore with about 45 men.
the barkque went in as far as she could and came to an Anchor. they
went up the River and landed Just against some Stockadoes which thay
had built by the river side for the security of their men. Our
Valliant Gen'll capt. Salkins landed him-self first and went into the
Savana and saw aboundance of Peopple their. one Molatta mett him,
whome capt Sawlkins Shott downe. Returnes back a little way, askt if
the Party wear all landed and ready. Answer was made, "Yes." then said
he, "follow me and doe not lye behind, for if I doe amise You will all
fair the worse for itt." Hee went up corragiously with some brisk men
with him, butt their was provided Mollattas and hunters with their
launces which came to oppose him. He fierd his Pistole and shott downe
one Musteese,[30] the rest fiering and lodeing as fast as they could,
but the Spaniards coming in uppon them so fast that kill'd capt.
Sawlkins and 3 men more. thay tooke one alive. wee heard him make a
dreadfull noyse butt could not rescque him, butt was forst to retreate
to our cannoes, and goe off as fast as wee could, thay comeing downe
so fast uppon us. Wee found in this River 2 barkques: one we burnt,
the other wee brought out which was laden with pitch, She seemeing
likely to sayle well. our peopple went aborde againe of capt. cooke,
which lay with his barkque att the Rivers mouth, telling us that capt.
Sawlkins was killd with 3 men more, to our greate sorrow. wee saild
out with the barkque to the Key wheir the greate Shipp lay, about 5
leagues from this River, to the Southwards. when the parties came to
know that capt. Sawlkins was kild and that thay could discover him to
be our Admirall by the ring he had on his finger, a Present from the
Governour of Pennamau,[31] He sending him this token and with all to
meete him on shoare with a hundred men to try their manhoods against
one hundred of them. capt. Sawlkins returnes this answer, that in case
he would bring out one hundred thousand peices of Eight he would meete
him, with one hundred men against his, to fight him for the money, or
Elce resolved to die in that Place. butt the gov'r of Pennamau
refused so to doe. Now capt. Sharpe goe's aborde the greate ship the
_Trinnity_, as chief commander. capt. Sawkins being very well beloved
by the party that saild with him, and Sharpe ill beloved, their was a
party of sixty men went to returne over land, to whome wee gave capt.
Cookes Barkque to carry them downe to the River of Sta. Maria. He
Entring into the Barkque that was tooke in the River Pueblo Nuevo,
which Barkque wee tooke on the first day of may and named her the _may
flower_. Butt upon some disgust or other capt. Cooke left his _May
flower_ and went on board the greate Shipp as a private Souldiar.
capt. Batt. Sharpe, being command't in chiefe, putts a commander of
the _May flower_ one Jno. Cox. att these keys wee fil'd our water and
putts to sea to ply to windward. these keys lye in 7° 20´ North
lattitude. we had the wind att S.E. and B.E. and S.E. wee stood to the
Southward, steming S. and B.W. and S.S.W., butt little winde and
sometimes calme. wee tried the currant and found itt to sett E. and
b.S., a stronge currant. when wee had by our Judgement 60 leagues
offing, wee had thoughts to goe to a parcell of Keys cal'd the
galloper, which lieth 100 leagues in the offing from the Isle of
Plate, and under the Equinoctiall.[32] we haveing here the winds
hanging much in the S.W. quarter, wee stood to the Southward about 8
dayes, with our starborde tacks aborde, and in the morning about 8 of
the clock, wee saw the land, which proved to be an Island called the
Gurgony.[33] wee intending to cleane the Shipp Stayes here, and
findeing a good bay, wee conscidered of itt and concluded to carreene
here. wee findeing this Island good Stoare of water and fish, Oystars
and Indian Connyes, and Monkeys which wee Eate for want of meate. this
Gurgony lieth in the lattitude of 3° 7´ in a deepe bay. no
Inhabbitance on't, save fishermen and those that dive for Pearles.
her's good tree's for mast and timber, And for many other uses to
furnish a shipp. wee carreen'd the greate shipp by the small barkque
cal'd the _May flower_, built a house on shoare to putt our Rigging
and saile in. Our greate shipp heaveing downe very taught, wee could
not [bring] her keele upp by a streake.[34] itt flowes att this Island
two fatham upp and downe.[35] wee made fast our cable to the trees,
and the other Anchor in the offing; all being done to both shipps, in
six weekes time wee putt to sea againe, intending to windward, and
Orders was given, in case of looseing company, that wee wear to make
the best of our way for the Island of Plate. att the beginning[36] of
July twas, wee putts to sea both together. winds att S.S.E. and S. and
B.E. wee stands with our Star-borde tacks aborde, standing over to the
Island of Barrakoase or elce called Cock Island.[37] this Isl'd lieth
in under the land, and is inhabbited with 7 or 8 families, as our
pilot gave us an account. our former new Barkque, as wee heard, was
taken into thiss river of barrakoase, and all butt one distroyed. the
land here is high champian land far in the cuntry, butt near the water
side low and Mangrovey. It lieth alonge W.S.W. 90 leagues, till wee
come up to a key cal'd St. Francisco.[38] wee turn'd in up within 3
leagues of the shoare, with both shipps. wee Indeavord to stand in
with the land in the night, to gaine the land winde. about the fift
day att night after wee had been outt of the Gorgony, wee fortun'd to
loose company, which brede greate disturbance on borde the Greate
Shipp, which had 150 men on borde, butt much more fear and Rangling
was on borde the _May flower_ for fear wee should all be putt to our
Shifts, being in an Enimies cuntry and unknowne Seas to us. wee in the
_May flower_ follows the order received from the Admirall and makes
the best of our way for the Isle of plate. as itt appeard after-ward
the greate ship stood into the offing for 2 dayes and the _May flower_
turning alonge shoar, gott to the Isle of Plate before the Ship
_Trinity_ 3 dayes; wee wear about 15 dayes a turning up. the winds
blow att S.E. and b.S. and S.S.E. most Here, with-out itt be in a
turnado. this Isle of Plate is so called because in former time Sr.
Francis Drake tooke their Armado of shipps, which was bound downe to
Pannamau, and carries them into this Island, and their shares their
wealth, as capt. Barralto related to us,[39] so that since the
Spaniards have called itt the Isle of Plate. here wee have good
Anchoring in about 14 fathom water, in a brave Sandy bay. You anchor
against the body of the Island, bringing the Sandy bay to bear S.W.
and S. of you. itt is well furnished with gotes, which caused us to
touch here for fresh meates, butt no fresh water that ships can
conveniently fill att, except in the time of raines. we lay att an
anchor here 3 dayes. one man comeing from the South side of thiss
Island saw a Shipp off att sea standing into the shore plying to
windward. itt rejoyced our hearts hopeing to be the _Trinity_ our
Adm'll, which so proved. the next day She gott Inn, which caused Joy
on both sides. here wee gott some turtle, which are butt small to
those in the South Sea's. The greate Shipp was damag'd by standing so
far to sea outt of the bay of Gorgony, twisting the Heads of her lore
masts, occasiond by hard winds which blew att S.S.E., butt as soone as
the carpenters had fitted the heads of the mast wee putt both to sea.
this Isle of Plate lieth in 58´ South lattitude.[40] the Greate shipp
being now more in her trim out sails the barkque. now wee learning of
a Place cal'd Arico that lieth in south lattd. 18° 40´,[41] a rich
place, Intends thither, But delaying of time att gorgony, advice is
sent from Pennamau up to a towne cal'd Yaceell,[42] a very rich place
for golde, which befor capt. Sawkins was kill'd intended to have
tooken, butt after the 60 men had left us, wee had Informacion thay
wear provided for us, soe wee stood upp alonge shore to goe to Arica.
in 2 dayes wee getts up as high as St. Alena, which is a point. itt
lieth in south lattd. 3° 5´.[43] the greate ship towes the small one,
because would gett to windward before discried. this River of Yseell
[Yaceell] is a brode river, about 35 legs[44] att the mouth. the towne
lieth Near 40 leagues up the River. about the middle of August one
night, as the greate shipp had us in a towe, we saw a saile in the
darke. wee lett goe their towe, and made what saile we could to her,
comes in half a hower up with her, and ha'ls her. Shee fierd a
Harkquebus att us, att which wee presented them with a whole Volley;
she fier severall small gunns at us, and wounded 3 men. one of them
after-wards died. wee laid her aboard and tooke her. She had about 30
hands in her, fitted out for an Armadillo[45] to come downe to the
Isle of Plate, to see what a posture wee lay in; their was on Borde 2
very Honorable gentlemen, which came out for ther Pleasure to see us,
wee being term'd amounge them a strainge sort of Peopple and cal'd by
the name of Laddron. thay tolde us that 4 dayes before thay came out
of Yakell saild a shipp bound up for Lymmo, loden with tymber, woolen
cloth, thred, Stockings and some silks, which if wee kept under the
shoar as shee did wee must needs see her. thiss Vessell wee tooke,
nott sayleing so well as the _Trinity_. wee rummages her, takeing what
was good, towes her 35 leagues off to sea, cutts her maine mast by the
borde and give her to the Prissnars, giveing them water and flower
enough that thay might not want. wee kept the 2 gent'men and the
master to pilote us. wee stood into the river of Yakell and makes the
land. att the south side of the river about 16 leagus within is cape
Blanco which is the southermost point of this river Yacell, and cape
Blanco lieth in 4° South lattd. point a St. Alena is a very remarkable
land to beknowne, for tis like to a shipp with her keele up. thiss
cape blanco is a very barren land, onely small brush growes uppon itt.
thay cals to us out of the greate shipp, aboard the _May flower_, to
goe in under the shor to anchor, which wee did, and hal'd on borde of
them. thay tooke out our water and flower and what was necessary and
cutt a hole in her bottom, so wee all went on borde the _Trinity_. by
takeing a small armadillo barkque, wee have Intelligence that a small
Barkque of 7 hands of our's, one Morriss Connoway commdr., was taken
and 6 of them Kill'd in the river Baracoes, onely one saved which
speakes good Spannish, which suppose to be one Tho. Hall, whome the
Spaniard hath prissnar att the river Ketto.[46] wee weere sorroy to
hear it but could not help itt, neither knew not how to gett the other
off that was alive, he being about 60 leagues in land. wee cruised
under the Shoare for the shipp which came out of Yacell bound for
Lymmo, which lieth in 12° South Lattd. by our prissnars wee understood
shee had brake her mayne yard and was putt into Payta,[47] butt
standing to and throw under the Shore wee saw a sayle to windwd. as
farr as wee could descerne. wee stood after her all night and the next
morning was within a league of her, the wind blowing a brave fresh
gaile. by 12 aclock was up with her and found her to be the saime
shipp thay tolde us of. wee had all manner of cloth in her, thred,
Stocking and a very good linnen and silk plunder, some wine and
brandy, very little plate, saveing a cupp, dis[h] or plate or soe in
the cabbon. after wee had Plunderd her what wee would, wee towes her
40 leagues into sea, in the lattd. of 7° 10´ So. lattd. wee cutt her
maine mast and mizan by the borde, and putts in a greate many
Prissnars, keepeing the Master of the Small Armadillo and Barralto for
Pylotes. Now wee are all with one conscent bound for Wind-ward,
bloweing a fine ordnary gaile att S.S.E. and S.E. and B.S. wee stands
close-hald into sea, steming S.W., sometimes S.W. and B.S.; sometimes
the wind came in flawes, that we lay but S.W. and B.W. wee generally
counted that wee made west 30° or sometimes 20° degree's course to the
Southward of the west of cape Blanco, which lieth in 4 degrees. wee
mett with very hard winds, but after wee gott as high as 7° degrees,
oppositt to a point of land called Point Agoohow,[48] wee had easey
winds that wee seldome reeved our topp-sailes. this land trenches away
from the Point Agoohow till you come to Arrica, which lieth in the
bottom of all the bay in the lattd. of 18° 40´ So. lattd. S.S.E.[49]
wee Stretches of to Sea about a month and getts into the lattd. of
Arrica, then wee had att the chainge and fall of the moone a small
w.n.w. wind for 3 or 4 dayes togather. wee stears in E.S.E. with all
sayle wee could, the master att that time Imagining that that course
would fetch Arrica, butt the wind comeing att S.E. and b.E. and S.E.
wee found that wee could lye but E. and b.N. here wee found 8°
variacion and as wee runn to the Southward wee found the variation
more. makeing what saile wee could, being in the lattd. of Arrica 380
legs., Imagining wee should be discryed before we gott in, wee fell to
leewards of Arrica about 14 leagues, by a bay they call the bay of
Yellow.[50] meeting under the Shore with a leward currant, was a week
longer than expectacion turning up to the bay of Arrica. wee came
about the beginning of October, and to my best remembrance, Indeavored
to land the Second Day. att the north side of the bay, wee mand our 2
cannoes with 30 men and our Stricking Dory with 8, Our perriauger with
37 men. wee roade to the Shore butt found their no landing, soe that
wee return'd againe, and stood in directly against the Morro Head,[51]
which is a High Hill made white with foules dunging on't, which lieth
Just over the towne of Arica, a very Remarkable Place to be knowne.
itt lieth att the wester part of thiss bay of Arica, on which thay ust
to keepe a looke out. Especially now hearing wee wear in the Seas, and
bound upp to take that place, kept the strickter watch. wee saw, that
after wee had made a second attempt, to goe ashoare, which was the
night following we made the first, that thay knew of our coming, for
Just as wee wear goeing to land in a bay about 2 leagues to the
Southwards of the towne, wee saw many horse men rideing alonge Shoare,
so that wee findeing no convenient Place to land, rowed a little of
Shoar and consulted togather. wee lay in sight of the shipps, and saw
5 or 6 sayle vaporing and fiering off their Paderrero's[52] to
frighten us; some of our Peopple would have gon in to have distroyed
them, and others being backwards would not, soe all returnd aborde of
our man of Warr _Trinity_; and makeing the best of way to windwards.
Capt. Batt. Sharpe being our commandr., and haveing gott money by the
death of our former capt. Sawkens, and more that he gott by Play, was
Intended thiss year through the streights of Majelena,[53] butt some
grumbled saying thay had not Voyage Enough, and weare unwilling, so
that their was a debate amounge the peopple and capt[ain], butt
stretching of itt into 29° and 30´ wee weare Informed of a towne in
thiss lattd. its called Quoquemba,[54] a towne of 7 churches, no longe
settlement butt a mighty Pleasant place and very rich of gold and
silver. A Delightsome garden for all sorts of fruite, a[s] cherries,
Appricocks, Peaches, Apples, pares, prunellos, Strawberrys and all
things which grow in our Northern Parts, and curious small runing
River parting Every mans land, mighty Pleasant to beholde. thiss towne
of Quoquemba wee takes, butt wear discried 3 dayes, as wee heard
Afterwards, By a flagg of truce which came in to treate with us. thay
gotten away their mony and Plate out of the towne, onely some Church
Plate with Silk hangings we Plundred. in the towne we tooke fresh
Provission, as biefes, hoggs, and wine, which is made hear, And
indifferent good Brandy wee carried on boarde. wee landed here on a
Tuesday Morning, an houer before day, att a store-house which is made
att the S.S. west part of the bay, from whence capt. Batt Sharpe and
rest of the party (onely[55] those who wear left in the cannoes and
Launch which was 2 in the cannoes, and 3 in the launch) marched for
the towne of Quoquembo. 35 of our party as they wear Marching mett
about 150 Spaniards, most on horseback; thay had not all gunns, some
launces, other Spade's; more of our Party comeing upp, seeing the
foloorne so much Ingaged, thay wounded one or 2 of their horses, with
some of the Spaniards, which made them to retreat to a greate hill,
about 5 mile from the towne. wee Entred the towne and kept possession
of 4 dayes. wee askt the flagg of truce five hundred thousand peeces
of Eight for the randsome of thiss towne, and told him that the next
day by 10 of the clock, thay should bringe their money, otherwise wee
would burne the towne. the next day the flagg of Truce came downe by
12 of the clock, and tolde us thay would give no randsome. wee
understood thiss flagg of truce Had a suit of law in hand, and was
likely to be cast, as he afterwards told us, which would be the ruing
of him-self. he shew'd us his house and desier'd us to sett fier on
itt, whatever wee did. fa[r]ther told us that if we weare not gone the
next day thatt thay had gotten togather 600 men and most of them
Armed. wee gett the Plunder of the towne what wee could. Next morning,
setts most part of the towne on fier and Martches to the bay. their
our cannoes mett us and tooke in our things wee brought downe and
carried on borde the shipp, wheir she lay att Anchor within a Mile of
the Stoare house, Just within a Rockey Poynt. the land lay in the
winde 2 Points without her. the night before our Party came downe, Our
Shipp had likt to have beene burnt. A Hogg skyn being blown upp and
sowed tyte, some fellow of a Spaniard had Venterd off and laid itt on
the rudther and Stearn Post (itt stufft with powder), satt itt on
fier, and went away unseene by our Peopple. some of our men smelling a
strainge Smell, run to and thro' about the Shipp to see for itt,
lookeing every wheir. One man, seeing a light come into the Cabban,
lookes out att the Stern-Portes, and spies wheir itt was, cryes out
for more help, and by a providenc of God gott itt speedily out. some
Imagined itt to be a Plott of the Prissnars aborde against us. some
wear for killing capt. Barralto, because att that time he hid himself,
others for keepeing him alive till our capt. and party came on board,
which the next day thay all did, and being acquanted with what was
past concludes to sett them on shore here thatt wee had had 7 or 8
months, Don Juan and his Cossin, a fine younge man, capt. Juan and
capt. Barralto wee putt ashore, all att thiss storehouse in the bay of
Quoquemba. wee wear glad to be ridd of them butt thay much more glad
to be cleare of us; butt before thay went ashore thay understoode that
wee wear minded to goe to two keys that lieth from thiss Place S. and
b.W. and S.S.W. about 90 leagues off shoare in the lattd. of 33° 45´
south lattd. These keys are called Don Juan Francisco's[56] keys,
because he found them out first, and Putt a parcell of goates on them,
and since have bredd to a mighty number. aboundance of Fish and
Seales; as fine keys as any in these seas to recruite att, being water
and wood Enough. all is on the Easterd most key. these keys lieth East
and west one of the other, 20 leagues distance by Relacion of some
Prissnars.[57] on the westermost key is no anchoring for Shipps
neither any cattle, so that wee did nott stop their att all, but went
to the Estermost key, wheir wee come to anchor, with a northerly
winde. att the South sid of thiss Island is a brave Sandy bay but no
rideing if the wind come out Southerly; then you may runn downe to the
leeward side of the Island. Our master, Jno. Hilliard, for some
misdemeanor was turn'd out of his Place, and his mate, one Jno. Hall,
putt in Master. Hall went with a cannoe mand to Leeward to find a bay
which he thought might have beene a good place, seeing no better, so
wee ridd 2 dayes with the Shipp at the Southermost bay. the wind
coming out againe att S.E. and b.S. and S.S.E., we waied and putt to
sea, fearing twould blow hard, itt being an open bay. so wee rann
downe to thiss other bay our new master had found out, and lett goe
anchor. our cable parted. wee weire faine to goe father to looke for
another anchor Place, and about 4 miles to the N.W. we saw a fine
large bay and rivers of water, that wee filled our water close to the
water sid, wooding convenient, fish great store, Seals Inumerable,
butt we eate none, gotes mighty Plenty. the Islands are butt small,
nott above 7 miles round, butt very high and Hilly, full of Valleys,
so that wee rowed on the westward sid of the Island to windward or to
the southward to hunt for goates. In thiss second bay of anchorag,
came downe such flawes of wind out of the Valleys that our Anchor
could nott hold, that wee almost drove aShore. our Peopple cutting
wood and filling water, which was the greater Party, haveing no love
for capt. Batt. Sharpe, concludeing togather to turne him out of his
capt'shipp, which thay did, and Putts into his Place a stout rugged
fore man as captaine;[58] itt was much trouble to capt. Sharpe to be
thuss served, butt could nott help himself, for the peopple weir
Resolved nott to goe home by Sea before thay had more money. wee lay
in thiss small bay, which was about 2 miles to leeward of thiss greate
bay, about 3 dayes. wee made hast and gott our Anchor we lost and
water aborde, and the most part of the wood wee had cutt. wee wear
minded to have spent a moneths time att thiss key of Juan Fernandus
and then to have gon downe to have cruised till the next Year; Our
Blacksmith was ashore prepareing to have built a forge, and made Iron
worke for the Shipp, and Intended to have burnt charcole. he had
partly fixed his bellose. wee had two men of warr cannoes gon to
windward for goates and had found, by relacion, 150 fatt ones, butt
sleepeing alnight by a fier att the Sea Side and in the morning went
to fetch their goates, lookeing out to se if the Sea weir cleare of
shipps Spyed within 3 leagues of the Island 3 greate saile of Shipps,
Admirall, Vise Adm'll and Rear Adm'll; seeing thiss, made what hast
they could to their cannoes and soe on borde shipp, leaveing all their
goates behind them bound. as soone as thay came near the Shipp thay
warned us with 3 Motions, that wee understoode their was 3 saile. wee
gott all our peopple that weir on shore off and what other things wee
could, gott our anchor on bord, had nott time to gett the Other butt
lett him slipp, hoysted in Our launch and canno's. by thiss time thay
weir came within sight of us; so near that wee could se a weapon
florrished on the quarter deck of the Adm'll. wee understoode wee had
left one of our Strikears on shore that had gott under a tree to
Sleepe, sent a cannoe for him but could not finde him, soe came of to
the Shipp and left him their.[59] these 3 shipps Clings the wind and
stands After us. the reare Adm'll which was the least had 12 gunns,
their Vise Adm'll 16 and their Adm'll 24. Our new capt., being Jno.
Watkins, would have gon aborde the Adm'll if the Party had beene
willing; wee could wronge them by sayling att our Pleasures, bye or
large, soe that wee played with them a day and a night. then wee
concluded twas our time to goe downe and take Arrica, the Place that
wee made an attempt att before. wee made what sayle wee could,
Steering N.E. and b.N., to fall in about 30 leagues to windward of
Arrica, which wee did very well, but we weir tolde of a fishing key
that lay hear abouts 18 leagues from Arrica;[60] wee concluded to go
thither, which was our greate folly, and so standing off and on, those
on the key saw us and forthwith sent to Arica to informe them of us.
Our man of warr cannoes, roweing alonge shore to thiss Key, was 2
dayes before came up with itt, which att last did, and took 2 Antient
men Prissnors, about 75 years of Age. here we gott some fish and wine.
our peopple Examin'd the 2 old men, found them in two tailes, the one
being trew, the other not, as wee found Afterwards. the one tolde us
that Arica had news of us and that he believ'd thay would be provided
for us; for he sd. a Post would ride from the sand key to Arica in 3
dayes. for thiss Speech the man was shott downe by our quarter master
Jno. Duill. the Other was made much of, because was supposed to speake
the truth. soe wee made what hast wee could to Arica, and on a sunday
Morning, itt being in March, wee landed 82 men, wee understanding itt
to be a small towne. our orders was, if wee saw 3 Smokes rise from the
hill thay called the More, wee should make what hast wee could into
the harbor. Our Peopple marching till thay came to the towne, saw no
peopple till they Entred the townes End, wheir thay found Every topp
of a house fitted for them, and a fort of 12 gunns mounted. their
houses hear are built all flatt att the topp, for they never have any
Raines, no, nott in the remembrance of the Spaniards, butt very greate
dewes. Wee fell on the towne smartly, and became Victors in fouer
howers time so that twas our owne, Notwithstanding their was above 700
men In Armes, att our comeing.[61] all the Cuntry within 20 myles was
come inn and more in greate Number comeing. wee tooke the biggest
church to Make a Hospitall for our wounded men, which weare about
tenn, and six killd out right. Our capt. Jno. Wattkings was kill'd att
the same time, to our discomforts. One of the capt. of the Spaniards
which wee had taken, Spake in his owne linqua[62] to thiss Efect,
"Gent men, I know you are men come to seeke a fortune, if You want
money or Plate goe alonge with me, I will shew you wheir their is more
then you all can carry away." wee gave no credit to him, butt was
minded to fall on uppon the forte to take their greate gunns for the
shipp, haveing none on board. Our Party being so tired, and cutt off,
wee weare feigne to leave the greate gunns, money, all the Rest of the
rich traide which was in that small towne. three of our Doctors being
in the Hospitall Church dressing of our wounded men, had about 6 men
Order'd to guard them with their Armes. after wee saw we weir so
worsted and beaten, fighting against so greate Advantage, Some
peopple rann to bid them come away as could march, for our Party was
gon out of the towne. the Spaniards seeing thiss gott fresh to their
Armes againe, and rallied upp with us about the church that they durst
no come out, so that their was left 5 well men besides the 3 Doctors
which had not one Dropp of blood spilt from them. one or two of the
wounded men that had good hearts gott up and rann to the Party, and
tho' thay had many a shott made by the Spaniards att them, yett Scapte
clear. so many of our Party being almost choked for water, made use of
their owne; butt comeing downe to the water side wheir the launch and
cannnoe lay reddy to receive them, their follows them a parcell of
Negro's and Mallattos, which stood on a High Hill Just over the
Cannoes and throwes Downe Stones and Launces on Our Peopple. In thiss
frey, wee had taken, kill'd and wounded about 30. Wee Judge wee could
not Distroy of them less then 150 or 200 men, for they lay very thick
in the Streetes. Their governor or Gen'll was upon a Hill calld the
More, on Horse back, Just over the towne, from whence he could see
into every Streate and which way wee went. he often weaved to his
soldiers from thence, With his Handkerchiffe, to gave them notice
which way wee went, and crying out, "Valiente soldados, buina Valienta
Soldados."[63] Some of our peopple passed a shott att him but could
not have the fortune to hitt him. Our former new capt., Jno.
Wattkings, being kill'd att this Place, capt. Sharpe would have thrust
himself capt. againe. Soe that our party resolved to goe downe to
leeward. The most voyces wear to have the shipp, the lessar to have
the Launch and two cannoes. One party was resolved to stay, the other
to goe over Land, as will be presently related. wee now wanting water
and soe like to be in greate Distress, considered, and with the advise
of our Spanish pilott wee must goe into Ylo[64] for water, butt wee
learneing by some Spanish Journalls that their was water 14 Leagues to
windward of Ylio, which place wee Indeavord to comepass, and comeing
thither, found such a sea goeing as could nott gett ashoar with our
Cannoe; Soe Endeavor'd to gaine the Keys of Juan Fernandas againe. But
the windes bloweing so much southerly we could nott. soe leaveing itt
into the Shoare with our Starboard tacks on board, fetcht the bay
the[y] call't Vispo, in which their is a brave River and very good
water, which bay lieth in South lattd. 29°.[65] So wee fill their
about six tunn of water, And by Informacion of a Prissnor their taken,
that att Coequembo lay 2 men of warr, and he beleived would be downe
next morneing, thiss bay of Vispo being butt 15 leagues N. and b.W.
from Coquembo. att thiss Place wee found a new barkque and building.
some sheepe and goates wee brought of for foode, butt the Barkque wee
left, hopeing to have better of her hereafter. Putting out of this
Porte wee saild alonge N.N.W. 3 dayes, about 8 leagues of Shoare, to
another bay lying about 24 degrees South lattd, A Bay cal'd by the
name of Capt. Drakes his bay, Because that when he was their he
water'd. their is a brave fresh water River, And to thiss day is
standing a church which the sd. cap. Drakes causd to be Built for his
Memoriall; alltho' wee could nott gett on shoare by the Violence of
the Suff, yett the church was very vissible to us, nott being above
one quarter of a mile from itt.[66] so that att last wee wear forc't
to goe to Ylo to fill our Bumkings[67] with water. wee stay'd hear two
Dayes but dare make no longer stay, for fear the cuntry should come
downe uppon us. This Ylo lieth N.W. and b.W. from the Afore named
Arica, above 26 leges, And in the lattd. of 17° 45´ South lattitude.
Ylo beareth from the Citty lymmo S.B.E. 120 legs. now haveing fill'd
thiss water we putts to sayle to carry the party which was minded to
Martch back into the North Seas. wee rann down alonge, N.W. and by N.
and N.W., Just keepeing sight of land because would not be Descried,
which way wee went. About 9 dayes wee saild N.W. and b.N. and N.W.,
and meeting with a Strong Currant which as wee Judged Satt N.E. into a
bay, wee fell in with a small Island about five Miles round, in the
lattd. of 7° 40´ So. and about 12 leagues off the Maine shoare. to
thiss Island our Prissnars tolde us severall Barkques came to for
pretious Stones, which weir to be found their. Due East from thiss key
lieth Another which is Inhabbited, 7 leagues from thiss key and 5
leagues from the maine or Trucksilly,[68] which is a towne wheir is
water, and on thiss key cattle; aboundance of Fish is made here. Wee
Just weatherd the small Rockey key on which the Pretious Stones are
founde; wee had the wind att S. and B.E. and S.S.E., a fine topp saile
gaile and fair weather. wee Steares away N. and b.E. to make Point
Sta. Alena, the Point that is before discourst of, that makes the
Northermost Point of the River Yakeell. the next day was upp with the
Isle of Plate, which lieth in South lattd. about 50´. then the Party
thatt resolved to goe over land, began to provide for Vittuall. their
was about 56 of them, which carried away what thay had. thay had a
launch and two cannoes. itt was on Sunday, after wee had din'd with
what wee had, which was att that time onely bread and water. and now
being under the Equinoctiall about a ii leagues from Shore wee [saw]
Mount a Christo plaine,[69] that lieth some leagues in the cuntry, The
Mount bore of us E.S.E. these poore men when parted from us had about
5 leagues to goe, before could Conveniently Land, for wild Indians and
negro's, which by shipping formerly their was cast away, and since
grone very Populus and Barberous, As we wear inform'd by our
Prissnors. thay did intend to take thiss island of ---- or Cork
Island, which lieth in the bay of the Gorgony. now thay being gon both
parties wear much troubled att the parting, Yett the party that went
away would have staied in case Sharpe had nott beene made capt., for
thay could not by any meanes allow of him to be capt. more of us would
have gon away, Butt capt. Sharpe sends his Master to us who spoke
thuss (his Name was Jno. Cooxe), "Gentmen, capt. Sharpe doth declair
and swair that those men that will stay with him and goe about in the
shipp with him by water, that he will make them a Voyage, and doe the
uttmost of his power to gett money Enough, and will not have thoughts
of goeing out of these till every man is willing." soe wee consider'd
our shipp was foule. wee that stayed wear about 61 soles in number.
with the advise of capt. Batt. Sharpe was resolved to run downe to
Pennamau, and to leeward, to finde some private place to cleane our
shipp in, and to take her one deck lower. wee searching of some
Spanish Jurnalls findds mention of an Island lieing to the No'ward in
8 degrees called the Island of canes, wheir wee found thiss Isle of
Canes;[70] and by our observacion lieth in North lattitude, 7° 30´.
their is good wooding and watering butt no secure place for a shipp to
ride in, without very good Anchors and Cables, which wee att that time
was Ill provided with. wee staied here 3 dayes and killed one sow and
Pigg and fill'd water. here are good large Oysters. so wee sett saile
with full intencion to goe into the Gulph of Dulce,[71] if wee could
find itt, but wee stearing away N.W. about 33 English legs from thiss
Isle of Canes, which Island lieth 5 legs from the Maine shore, and
comeing in with the land saw a brave deepe gulph, which concluded was
a good Place for us to cleane Our shipp, hopeing that their might be
no Inhabitance. Into which gulph we rann, by sounding of our leade so
farr as wee could, Except wee had had a Pilott for that place. wee
hoyst our 2 men of warr cannoes And went upp the Gulph. capt. Batt.
Sharpe Imbarkque[d] in one of them him self, to see if could take an
Indian to understand whatt for a place itt was; goeing about 4 leagues
ahead of the shipp, comes upp with an Island lying in the gulph of
Nicoy,[72] which Island wee understood by some Indians was called the
Island of Perroz or in English the Isle of doggs. wee found 3 or 4
families which lived heare of Indians, very poore, haveing all thay
gett once in two years taken from them by the fryars, and thay tell us
that if thay have nott to pay the friars what their demands is when
thay come, that thay carry away their children and makes them Slaves.
Butt our capt. Batt. Sharpe Asked of one Indian that could speak
Spanish, if any Shipp used to come their. he said that their was att
pressent 2 small Barkques that weir come from Pennamau, which weir
lodeing with hides and tallow bound for Pennamau again. The Indian
tolde the capt. he would Shew us wheir they weir; with whome capt.
Sharpe went with his cannoe well man'd, thiss Indian leaveing some
hands on the Isle of Perros or Dogges, to see that none gott away to
discry us, with our Shipp getts on brest the Island and Comes to an
Anchor, and missing the right channel lay their not haveing above 3
foote water more then wee drew. thiss was about 25 of Aprile 1681. the
next morning these two barkes was taken, the one being 2 thirds loden
and the other half loden with talloe; wee tooke out as much as wee
thought might serve to tallow our Shipps bottom twice and to make us
candles, and no more, which is as I Imagin about 60 or 70 Packs. Now
wee wanting carpenters understoode by thiss Indian Pylott that their
was 2 shipps up an Arme of a River, about 4 leagues from thiss Isle of
Dogges. The Indian conveighs us the next night upp to them. the
morning about an hower before day wee comes wheir thay weir building,
about 300 tunns a Peice; one of them haveing beene on the Stocks about
3 years. itt Pleas'd god wee tooke the head carpenter and the Rest of
his gange, which weir about 12 in Number, with their tooles, about 6
Jarrs of wine and Brandy, which was much to our comfort, haveing lived
for some time before on bread and water. takeing these carpenter[s]
with their tooles, wee weare in greate hopes to have Our Shipps upper
deck taken downe and made better for sayleing in little time, with
the help of our owne carpenters; butt to carreene her here is
impossible Because of a greate citty about 18 leagues from thiss
lagoone of Nicoy, itt being the citty Naine,[73] wheir thay can Raise
20000 Men. wee fell lower downe in the River, as lay out of the way of
the tide as much as could, for here the tides runn very Stronge and
keepes itts course of moone. itt flows S.S.W., which when the moone
comes to thiss S.S.W. point itt makes high water. itt flowes about 3
fathom and half right upp and downe. when wee brought these Spanish
carpenters on borde, our capt. and carpenter Shewed the Spannish
carpenter what thay would have done, desiering him to be reall, and
tell them in what time itt might be finished. he promis'd that within
10 day, with the assistance of our peopple, he did nott doubt butt
finnish itt; att which our capt. and company told him that as soone as
he had done he should have one of the barques for his paines, and all
he[r] ladeing of tallow, and that he would sett them all ashore
againe. thiss Spannish carpenter being a very Ingenious worke man, and
saw wee shew him and his company a greate deale of respect, which
begott a love in him to us, for he tolde us wee should make what
dispatch wee could out of the lagoone, for the cuntry was very
populus, and would soone be after us if could procure any Imbarcation.
the carpenter dispatcht is [his] buisness in 12 days, so that he and
his comepany had the Barkque and all her loding. putting them ashore
with some Prissnors wee had taken before, wee take a perriauger that
come downe to thiss Isle of dogges, with a Spannish March't and a
Mustees woman, which we suppose he kept. the woman lieing on borde one
or two nights, was very familiar with one Copas a dutch a man,[74] who
formerly had saild with the Spaniards, and had the linqua att will,
but was mainly Inamoured with thiss women, makeing her severall
presents of some Vallew. after the carpenters weir gone wee fell downe
lower in the lagoone to fill water. thiss Copas goeing aShore to guard
the Prissnars that fill'd water made an Excuse to goe into the woods
to kill some thing to eate, but went cleare away, that wee never saw
him since, carrying with him about 200 Peices of Eight in golde and
Silver, that putt us in feare least he would give Intelligence which
way wee weir bounden, wee being att this time butt a small partie,
about 64 soules, and nott any greate gunn to help us. in takeing of
these carpenters one of our men, a Scotch man, haveing dranck to much,
by some way or Other gott out of the cannoe and was drounded. the
peopple telling us the Barkque saild primely well and the best saylor
belonged to Pennamau wee kept her to waite on the Shipp. shee was a
small open barkque. wee tooke in her a man that was acquainted with
thiss Gulph of Dolce, who tolde us wee might lay the shipp on shore
their very well and no body see us, nor any Spaniard know we weir
their, so wee concluded to go. about May the first 81, wee arrived in
this Gulph of Dulce. itt lieth from the lagoone of Nicoy about 47
leagues South and from the Island of canes ii leagues S.S.E. wee found
according to what the Spanish fellow tolde us, a very fine place to
hall our Shipp on shore to cleane her. Here we caught some fish and
turtle and fedd well for the time wee lay here. we Built a house
ashore to putt our provissions in, to keepe them from the Raines, and
carried ashore the most part of our Ballast, in the barkque and men of
war cannoes. wee findeing the small barque to Saile very well, the
Capt. putt in 7 Hands to her, to sayle her. as wee lay one night ready
to hall a shore the next high water, the winde blew att South very
hard, that our after mast cable gave way, that the shipp drave ashore
against the rocks, we weir afraid should have bildged her; but the 2
carpenters, being carefull, shord her up to ease her what thay could,
and the next flood heav'd her off againe to a sandy place in the bay,
wheir wee found some butt heads started and abundance of nailes and
spikes wanting, which our carpenters had provided for and drave
aboundance in her bottom. we lay here about 5 weekes, mending our
sailes and fixing our rigging. here cam in to us some Indian men,
women and children, to whome wee gave Victualls and drink; thay staid
with us tell we had done our shipp; some times giveing us plantans,
and some time goeing into the woods, finding bees nests, would give us
the Honney; butt the most good these Indians did us, wee had their
barque loggs[75] all the time we lay hear to make us a Staige. Some of
them goeing away Amounge the Spaniards tolde them that their was a
greate Shipp in the Gulph, and that wee weir a casting of greate
gunns. Butt these Indians that came to us tolde us that the Spaniards
had tolde them if any shipps came in that had any thing of redd in
their collers,[76] that thay should have a caire and not come on borde
of them nor lett us see them, telling them that wee would kill them;
but as itt happen'd we went in with all white collers, which was the
Spanish order that thay should Assist all those, for thay weir their
friends and would doe them no harme. the Spaniard lives here from the
Gulph of Dulcey about 3 dayes Journey. thiss Gulph lieth in lattd. 7°
22´ No. lattd. wee fitted our Shipp, clensed our bottom what wee
could; the small barque filld water, cutt wood, and went away to Sea
to looke for Purchase.[77] we went from thiss place about the last of
June 81, haveing a good fresh gaile att S. and B.E. and S.S.E. wee
stands over thiss bay, cald the bay of the Gorgony, which Isle of
Gorgoney wee carreend att the last Year lieth in No. lattd. 3° 35´, or
their abouts. the land that we made was 7 leagues farther to windward.
here generally setts a greate currant out of the Sea into thiss bay
E.N.E. wee fell in first with Barraco Island and cock Island. wee now
bethinks our selves that twas time in the year to gett up to windward
to goe through the streights of Magelene. wee recruted here with
water, filling all we could. about 30 leagues W.S.W. from thiss Island
Barricoes we turnes up to windwards, and of[f] Cape passagoe, which
lieth in 45´ No. lattd.,[78] wee cruises a good way of shore, about
16 or 18 leagues, sees a saile, we gave chase, and comes up with her
about 9 aclock of night. we found her to come out of Yakell, bound for
Pennamau. the same shipp wee took loden with cloth and other goods the
Laste year, which was then bound upp to Lymmo. she had in her now good
Store of cloth, silk, stockings, mony and Plate, about forty thousand
peices of Eight, and severall good things, butt the chiefest of her
lading was coco. wee tooke out her what we thought convenient and
carried her under the shore and came to an Anchor, and when we had
done rummageing her putt them all aborde, cutt downe their maine mast,
gave them Victualls and Drinck enough, and putt them to sea to goe
right afore the wind for Pennamau. the master was very glad we gave
him his shipp againe, and the most part of his lodeing; that he swore
wee wear the Honnestest ladrones that ever he saw in his daies. we
went of to sea cruiseing for more. we understood by thiss last prise
that the Spaniards could not tell if [we] wear to windward or
leewards. 3 dayes after in the morning we spies a small barque close
by shore. wee gave chaces to her, came up hand over hand with her. She
makes what she could for the Shore, their being one Spaniard in her
that knew us, who we had taken the last year. She comes to an Anchor
with in a quarter of a mile of the Shore, and a fryar and 4 Negro's
getts ashore uppon a Planck and takes to the woods, but some staied on
borde the barque. capt. Batt. Sharpe in a man of war cannoe follows
them and come upp with some of them ashore. we found nothing butt a
little Plunder. their letters of advice thay had hove over borde, butt
they confest their was advice bound up to Yakell to give notice that
wee weir in the gulph of Dulcey acleaning our shipp and acasting of
greate gunns, as they heard. these Prisnars give us advice of a new
Vice Roys comeing out of olde Spaine to Puerta Vella, and was come
over land to Pennamau, and a greate Shipp lay their of 14 gunns to
take him in.[79] thay told us thay had aboundance of riches with him;
wee tolde them when wee had cutt their mane mast by the borde and sent
them to Pennamau, that we lay waiteing for him and bid them tell the
Vice Roy soe when they came to Pennamau. we cruises for more purchase
and about 12 leagues from the cape, in a drisly misty morning, a man
goeing to toppmast head saw a saile under our Lee, which wee made
saile to and come upp with her; we fired severall small Armes before
they called for quarter, butt calling, was presently granted and not a
gunn fier'd. her capt. was short downe in takeing of her. we found She
was a shipp bound for Pennamaw, came downe from Lymmo loden with wine
and brandies, but very little plate, 700 piggs of Peuter, which we
thought was silver, found to the contrary.[80] we now Resolveing to
goe about this year if Pleasd God, we tooke out of her 700 Jarrs of
wine, about 100 Jarrs of brandy, to serve us homewards, and had itt
nott beene for thiss wine and brandy was Impossible to have subsisted.
we cutt thiss shipps maine mast by the bord and sent her afore the
wind to Pennama. wee kept about 18 Negroes and Indians to wash and
pump our shipp. thiss last priz gave us full information of the
Armado, which was to sayle from Lymmo, about 17 sayle of Shipps. the
15 day of September 81, wee turnd alonge shore as high as cape
Blanco,[81] and then haveing a trew traid winde att S.S.E. and S.E.
and b.S., sometimes South East, we all concluded to make the best of
our way out of these seas; we haveing gotten ii hundred Peices of
Eight a man in mony and Plate uppon Equall shairs, tho' itt was some
of our fortune to loose our Voyage by Play afterwards; which those
that were the winners to have the more. wee had the winds most att
S.E. and b.S. and S.S.E. and S.E. wee stood of to sea, steming S.W.
and b.W. and S.W., commonly makeing a West 35° southerly way, sayling
after the rate of 5 or 6 leagues a watch. fine moderate windes and
fair weather. we found a currant sett here to the S.W. quarter. we
stands up to Payta, which is about 13 leagues to the Southwards of
cape Blanco, and in so. lattd. 5°. wee wear minded to take itt, butt
the fryar and fower Negro's, which made their Escape out of the little
Barque we tooke under the Shore, had gott before us, and sent to every
sea porte towne to give them notice that we wear a comeing to windward
as fast as we could, so on a Sunday Morning our capt. Sharpe, with
about 36 hands, went to land att Payta, butt found itt so well lyned
with men that thay durst not adventure On itt, but come back againe,
resolveing to live on bread and water till such time as could be
better supplied, concludeing that our wine and brandy would keepe us
alive. wee now makes no more tacks alonge shore, but stands close
hal'd on a boleing to sea,[82] about 670 leagues due West from Payta,
till we come up to 33 So. lattd. ther we had variable winds. wee hal's
in for the shore, getting our Larbord tacks on borde, the wind comeing
out at N.W. in that quarter that wee could not fetch the Keys of Juan
Fernandus, wheir wee Expected to Recruit with fresh goates and water,
and to have faught[83] off our Musketa-Indian we left their the time
before, but we getting to the Southwards of these keys, and the winds
comeing out for Northerly, was forced to ply to the Southward, and
then wee had Some raines, which from 7° So. lattd. till you come to
28° So. lattd., is never no raine by the Spaniards report nor since
thay have inhabited the cuntry, which hath been about 180 years; yett
very good Corne growes, and all sorts of Herbs and graine, but thay
[have] Extreeme dues. wee stands still to the Southward, and haveing
now great variation, 13 or 14 degrees, we wear very Exact in takeing
Amplitudes,[84] to be the more Sattisfied in thick weather of our true
course made. wee stood to the S.E. and S.E. and B.S. 700 leagues, and
about 3 aclock in the Morning the watch saw breakers very near us
under our Lea. it blew hard, that 2 nights before we had handed[85]
our topp sailes, and went under a pair of Coarses and our mizon. wee
wear gott now up to 50° 8´ So. lattd. itt being a little light, before
day wee saw the land plaine. wee heaved out our topp sailes reeved and
made shift to weather all the breakers, and when twas day we discried
a place between 2 keys which we concludes to beare up to see if wee
could finde any good Anchoring and saife rideing till twas a little
later in the year. twas very colde heare, much raine, The Hills coverd
with Snow. wee went in along the key side about 4 leagues and saw a
very convenient cove. wee came to an Anchor the 3d of November,
thinking to stay hear till the weather was a little warmer. the first
night we lost one Anchor, the Cable being Very bad. we warped and
towed into another Cove, lieing a little more to the Southwards, the
wind blowing N.N.W. wee gott the ends of all our cable and Hassers and
made fast ashore to the trees; yett all would Hardly doe, for when it
blew hard, our cable would give way and our shipp in dainger of
driveing ashore, which if had we should lived like Heathens amounge
the Savage Indians, and never have come to rights, but we spliced and
Strengthend our cables what we could and with much difficulty made
them hold out. the 21 day of november 81 wee putt out of thiss place
to sea. wee lay here about 22 dayes, feadeing most on lempotts[86] and
Mussles, which wee gatherd of the rocks and makes very good foode. our
wine and brandie was a greate Help to us thiss cold weather. clothing
wee had good Store. some times we gott a Penguine, which are plenty in
these streights, which are as greate as a goose, but cant fly, haveing
on their winges onely stubbs of feathers. hear we saw a fier and made
to itt, wheir we saw an Antient Indian, and a younge fellow and a
woman Indian, which had about their bodies a Seale Skinn to keepe them
warme. thay saw us and rann away, but we over tooke the younge fellow,
which tooke to throwing of Stones. the olde man tooke the water and
was so cunning in diveing that our Peopple could not gett him, so they
shott him in the water. the woman gott away from us the next day. one
of our cannoes went downe to this place againe, and carried the Indian
that was taken alonge with him, which Indian carried our peopple to
thre or 4 wigwams, wheir was fier, but could see no peopple. the
fellow cald in their Speech but none appeard, he makeings signes that
thay weare greate tall men with longe beards.[87] when our peopple saw
none came, thay returned to the cannoe, carying this Indian fellow
which was very unwilling to goe but Strugled to gett away, twas as
much as 3 or 4 of our men could do to binde him, and force him downe
to the cannoe, His strength was so greate. wee doe Imagin that here
may be some Spaniards which formerly have been cast away; for to the
Southwards about 4 legs when wee came out with our Shipp we saw to
very greate fiers but wear la'ft [_sic_] to see what thay weir, but
went to sea, stearing away S.W. and B.S. and S.W. the winds weir very
hard att N.W. we went under a pair of courses, haveing no observation
in 3 days after wee came out of these Lempot keys, wee stearing as far
to the westwards for fear of the Island called the 12 Appostle and 4
Evangelist[88] takeing of us upp, which lieth att the entring of the
Streight mouth. the currant setting to the westward out of the
Streights, satt us by Judgement 25 leagues off shore and when we
observed we weir in the lattd. of 55° 30´, the wind being no[r]therly,
and wee so to the Southwards of the Streights could not gett to the
Northwards againe, but the capt. and Master, with advice of some
others, concluded to goe about terra fuega,[89] and so to goe through
the New Streights, the Streights of Maria, which wee had a Journall of
2 Brothers called by name Noddles, which was about 65 years agon sent
out to discover these parts of the world,[90] which thay gave
description that thay went about terra Fogoe through thiss Streight of
Maria and weatherd Terra Fogoe, and went downe the west side, and ran
downe to the Northwards, and entred the Streight of Magelena, and came
thro' into the North Sea, wheir he speakes of aboundance of those
birds called Penguins, whear thay laded, bold with them.[91] wee had
very colde weather and about the 3 of december wee passed a cape,
called cape Frea, lieing to the South of Terra Fogoe, in the lattd.
59° 30´ South.[92] wee finde here about 4 degrees variation, but downe
in 35 and 40 wee had 11 and 12 and 13 degrees variation. wee weir
something fearfull of Halling to close into shore, being not
acquainted did not know what danger might be, yett would very
willingly have save [seen?] the Land, that wee might have beene the
better satisfied where we weir. twas very thick weather, that wee
could seldom take an observation. we Indeavord to make the Cape Horne
but we weir gott so far to the Southwards.[93] Yett we beleive we weir
not very farr off shore, for we had thousands of birds about us. the 9
day of December we had a good observation and found our selves to be
in South lattd. 58° 5´. we had the winds att N.E. and N.E. and b.N.,
fine handsome topp saile gailes, sometimes a shower of Snow and
Sleete, but miserable colde. now our wines and brandy stand us in
greate Steade and is the thing under god that keepes us alive. we
stands to the Southward, haling S.E. and S.E. and B.E. After wee had
our last observation, which was 58° 5´, when we thought by our Dead
reconning that we weir in the lattd. of 60 or better, wee Steerd away
due East.[94] we had but little Night, the Daylight was hardly shett
in att all. we standing to the Eastwards saw 3 or 4 greate Islands of
Ice and Snow, as we thought, of a good high and very colde about them.
from this Cape their are lying 3 or 4 Islands called the Berlingos,
which I am to think are those wee tooke to be the Islands of Ice, for
thay are all kiver'd with Snow, and the Burlingos lyeth by the globe
in the lattd. of 59° 00´.[95] One Night as wee weare getting about the
land, some men gott merry, Especially the capt. and his Mess, which
caused some words to arise between the capt. and Some of the company,
in so much that thay fell to blowes, but the capt. runns into his
cabbon and fetches out a Pistoll laden, and comeing to one of Our
Peopple, by name Richard Hendricks, fier'd itt off as he thought att
his Head, but itt pleased god itt mist his head and grased on his
neck. the next morning wee found the shott placed in one of the Dead
Eyes of the maine shroudes, which was but Jus[t] behinde him. the
capt. thought he had kil'd the man, cryed out, "Armes, their was one
dead," and he would have kill more, which cabbon mess ran and fetched
their Armes forthwith, and those that weir awake, was fetching theirs
likewise, which had not been soberer then others and more discretion
in them Sharpe had certainly been kill'd. it had likt to have been a
bad buisness, but when the[se] things came to an understandings All
was husht upp, Especially findeing the man was not so much hurt as wee
did suppos and was cured in a weeks time. Well, we stears away East,
till we thought we Had Easting enough to enter the Streights of Maria.
Now we begins to Hall to the Norwards E.N.E., and by observation taken
we found our selves to be gott to the norwards into 57° 8´. then we
halls away N.E. and about 4 days after had another very good
observation. then we found our Selves to be in 50° So. lattd. Shott to
the Norwards of these new Streights, doubled about all the Lands;
aboundance of birds attends us Still. Wee are now gotten to the
Streights Mouth of Magelen, the North side. wee had good Fresh gales
att N.W. and S.W., the winds very variable. we runing into hot weather
to the Norwards and halling about Terra Fogoe to the Eastward wee
found a greate Currant to the E.N.E. wee weare farther off Shore then
wee Expected, yett wee hal'd away N.E., hopeing that off of Brazill we
should meete with English, Dutch or Portugeez, to hear how our
buisness was discourst of att home and to buy a little Provision of
them. we hal'd away N.E. till we came downe into 14° No. lattd,[96]
that we would be sure to carry itt about a shoale which lieth a little
to the Norwards of Cape Toms,[97] lying in South lattd. 22° 50´. we
wear more to the eastward then we Expected. by our Runn afterward we
found wee weir 170 leagues to the eastward then we Judged our selves
to be. in this lattd. we had very Easy topp saile gailes of wind, and
mostly att E. and E.N.E. and sometimes att E.S.E., but very seldom
comes to the southward of the S.E. att this time of year, Except itt
be in a Turnado. we carried what saile we could, being willing to be
on land. after we gott into 13° So. lattd, we steard more westerly, N.
and N. and b.W., till we comes into the lattd. of 8° 20´, the length
of cape Augusteene,[98] then hald away N.N.W. and N.W.b.N. till we
come into the lattd. of Barbados, and run down into 13° and 5´,[99]
keepeing a good lattd. for to see the barbados. wee ran about 12 or 13
days in the latt. our Reconing was out 5 or 6 dayes before we made the
Land,[100] and about 3 a clock in the morning about the 12 of
feb.[101] the Master cal'd out Land. wee saw twas Barbados, and which
was comfortable to us all to have so good a land fall. we went downe
the N.E. side, luffing upp for spikes rode,[102] wheir we saw shipping
ride. The _Richmans_ Pinnas [_omission_] and haled us. we lay by and
disputed with them, desiering them to come on borde, but thay would
not. thay askt us if we would not goe into an Anchor. we told them as
farr as wee knew wee would, but thay being soe cautious how thay came
on borde Putt us into many thoughts what to doe. wee consciderd, that
here was one of his Majts. Shipps, and wee could not hear how itt was
with other Nations, wheather itt was Warrs or Peace, so that we threw
the Helme a weather, throwing out topp gallant Sailes, studing sayles
and all the sayles we could make, and Steard for the Disiada[103]
which we made plaine and so went downe to Antigua. their wee saw a fly
bote att Anchor, wheir we sent our man of warr Cannoe ashore to buy
some provissionns. when thay came in thay found itt called
Falmouth.[104] wee Supplied our selves hear with one or two dayes
provission. one capt. Burroughs, understanding we wear in want, came
on borde of us and after went away with one Cook, our Master, to the
governor of Antigua[105] for liberty to come in. we next morning had
the mate of a Shipp which lay att the olde rode to carry us as close
in as he could for which he was very well sattisfied. wee could not
have any permission to come in, neither any deniall, but after some
commanders of March't-men came on borde and desierd our Capt. to goe
for England, he was easy perswaided, thay telling him twould be the
makeing of him; so he came on the deck and bid Every man shift for
himself, for he would goe for England himself; upon which every man
packt upp whatt he had, some for olde England, some for Jamaica, other
for New Engl. everyone tooke his way, onely 7 men abord that had lost
their Voyage,[106] so the capt. and Company thoug[ht] good to give
them the shipp and what was in her. thay thought good to goe downe to
their commission Port, Petit guavos,[107] but the Shipp was so crewell
leakey, that thay hardly have the Patience to keepe her above water to
St. Thomases,[108] haveing but 7 hands on borde, and a shipp giveing
chace to them so that thay loosed all their saile, and was much putt
to itt for the hands, but comein a brest of St. Thomases saw the
Harbor very Plaine, and to be sure we went into a small Harbor a mile
to leeward of the Fort. we wear tolde att Antegua that thiss was a
free Port for Eight years, which we found to be so.[109] the governor
gave us Liberty to come in, and the next day sent out hands to bring
us in to the right harbor, under Commd. of the forte. the next day our
cable brake and she drave ashore; but not being willing to loose her,
gott her off with one Anchor and cable off, and one end of a cable
ashore, and so gott her into the Soft woose,[110] because wee would
not be att the charge of Negro's and to pumpe her. thus the good shipp
_Trinity_, which was Built in the South Seas, ended her Voyage, and
through the Blessing of god brought us amounge our Cuntry men againe,
and thiss being what I can think on att present, being the true
actions of our Voyage as near as I can Remember, my Jornall being
detained att St. Thomases and lost.[111] The Lord be praised for all
his mercyes to us. _Finis._

[Footnote 7: Cassava.]

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

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

[Footnote 10: Some affluent of the Chucanaque.]

[Footnote 11: Cartridge.]

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

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

[Footnote 14: Calabash, gourd.]

[Footnote 15: Isla Iguana?]

[Footnote 16: Isla Majé?]

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

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

[Footnote 19: Sp. for soldiers.]

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

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

[Footnote 22: _I.e._, flag-ship. It was probably the same ship, _La
Santissima Trinidad_, of 400 tons, in which Peralta had made his
escape nine years before.]

[Footnote 23: Capt. John Coxon.]

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

[Footnote 25: Lima. The 50,000 pieces of eight (dollars, pieces of
eight reals) mentioned below were a consignment for expenses, sent to
the governor of Panama by the viceroy of Peru, Archbishop Don Melchor
de Liñan. So we learn from an account of this whole raid along the
South American coast, given by him in an official report, printed in
_Memorial de los Vireyes del 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 of
the 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 miles
off the coast of Ecuador, in 1° 10´ S. lat. The Galápagos lie not 100
but more than 200 leagues off the coast.]

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

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

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

[Footnote 36: End.]

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

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

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

[Footnote 40: Nearer 1° 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 the
Barbacoas, 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 discovered
the 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 about
100 miles.]

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

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

[Footnote 60: Iquique.]

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

[Footnote 62: Sp. _lingua_, language.]

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

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

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

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

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

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

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

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

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

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

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

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

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

[Footnote 76: Colors, flags.]

[Footnote 77: Prizes or booty.]

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

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

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

[Footnote 81: About 4° 18´ S. lat., at the beginning of the Peruvian
coast.]

[Footnote 82: _I.e._, they sailed up into the wind. So strong a wind
blows up the coast, that the best way to sail from Peru to southern
Chile is first to sail westward far out into the Pacific. It was Juan
Fernandez who discovered this course.]

[Footnote 83: Fetched.]

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

[Footnote 85: Furled. Courses are the lower sails. 50° S. lat. is the
latitude of the gulf of Trinidad. To the island by which they anchored
a little farther south, as described below, they gave the name of Duke
of York Island, after their king's brother James; this name it still
bears.]

[Footnote 86: Limpets.]

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

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

[Footnote 89: Tierra del Fuego. By "Streights of Maria" the writer
means the Strait of Le Maire, outside Tierra del Fuego, and between it
and Staten Island--a strait discovered by Schouten and Le Maire in
1616, when they also discovered and named Cape Hoorn (Horn).]

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

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

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

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

[Footnote 94: Under date of November 17, 1681, the _Voyages and
Adventures of Capt. Barth. Sharp_ says, p. 103, "We find by this
observation, and our last 24 hours run, that we have been further
Southerly by almost two Degrees, than our computation by dead
reckoning makes out, and by many Degrees, than ever any others have
sailed in that Sea, that have yet been heard of: for we were at about
60 Degrees South Latitude".]

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

[Footnote 96: Error for 24° 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 latitudes
almost as accurately as it is now done, but they had very imperfect
means of determining longitudes. These pirates, of course, had no
chronometer. The best they could do was to keep account each day of
the courses and estimated distances that they sailed, to reduce this
to numbers of miles eastward and westward in different latitudes
(their "eastings" and "westings"), measured from their last known
position, Duke of York Island, and from these computations to deduce
their probable longitude. It appears from Ringrose's fuller statements
that they were several hundred miles out of their reckoning when they
sighted Barbados.]

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

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

[Footnote 103: Deseada, or Désirade.]

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

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

[Footnote 106: _I.e._, they had gambled away all their share of the
plunder.]

[Footnote 107: Petit Goave in Haiti.]

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

[Footnote 109: The allusion is apparently to the mandate of the Danish
West India Company, February 22, 1675, described in Westergaard, _The
Danish West Indies under Company Rule_, pp. 43-44. The governor, next
mentioned, was Nicholas Esmit [Schmidt?], a Holsteiner. On St. Thomas
as a refuge of buccaneers, neutral to Spanish-English-French warfare
and jurisdiction, see _ibid._, pp. 47-58. Professor Westergaard, p.
48, quotes from a letter of Governor Esmit, May 17, 1682, in the
Danish archives at Copenhagen, regarding our seven remaining pirates:
"There arrived here February 8 a ship of unknown origin, some two
hundred tons in size, without guns, passport, or letters, and with
seven men, French, English, and German. On being questioned they
replied that they had gone out of Espaniola from the harbor of Petit
Guava with two hundred men and a French commission to cruise on the
Spaniards.... [Summary of adventures on the Isthmus and in the South
Sea.] I bought what little cacao they had; the rest of their plunder
they brought ashore and divided among our people. The ship was no
longer usable. I have decided not to confiscate it, in order to avoid
any unfriendliness with sea-robbers. The inhabitants of St. Thomas
have decided that the said seven men shall remain among them". Later,
Captain Sharp himself came and spent his last years at St. Thomas.]

[Footnote 110: Ooze.]

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


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

[Footnote 1: Public Record Office, C.O. 1:48, no. 37. The writer,
lieutenant-governor of Jamaica from 1674 to 1688, and at the time of
writing acting governor, was the same Henry Morgan who in earlier
years had been the most famous of buccaneers, capturing Portobello in
1668, Maracaibo in 1669, Panama itself in 1671--wonderful exploits,
carried out with great bravery and cruelty. Now he is governor, holds
piracy in abhorrence, and is determined to suppress it! It must be
remembered, however, that his own exploits were carried out under
commissions from proper authority, and legally were not piracy. His
correspondent, Sir Leoline Jenkins, for twenty years judge of the High
Court of Admiralty, and at this time also secretary of state, was one
of the most learned admiralty lawyers England ever produced. Morgan's
view of his own competence as admiralty judge in his colony is given
with engaging frankness in a contemporary letter: "The office of Judge
Admiral was not given me for my understanding of the business better
than others, nor for the profitableness thereof, for I left the
schools too young to be a great proficient either in that or other
laws, and have been much more used to the pike than to the book; and
as for the profit, there is no porter in this town but can get more
money in the time than I made by this trial. But I was truly put in to
maintain the honour of the Court for His Majesty's service." _Cal. St.
Pap., Col._, 1677-1680, p. li.]

_May it Please your Honour_

Since I in obedience to his Majesties commands caused the Three
Pyrates to be executed, The whole party which these two last yeares
have molested the Spaniards in the South Seas are by the help of a
Spanish Pilote come about to the windward Islands; Sixteen whereof are
gone for England with Bartholemew Sharpe their Leader, the rest are at
Antegoe and the Neighboring Islands, excepting four that are come
hither, one whereof surrenderd himself to me, the other three I with
much difficulty found out and apprehended my self, they have since
been found guilty and condemned. he that surrendred himself is like as
informer to obtain the favour of the Court. one of the condemned is
proved a bloody and Notorious villain and fitt to make an exemple of,
the other two as being represented to me fitt objects of mercy by the
Judges, I will not proceed against till his Majesties further
commands; and am heartely glad the Opinion of the Court is soe
favorable, I much abhorring bloodshed and being greatly dissatisfyed
that in my Short Government soe many necessities have layn upon me of
punishing Criminels with death. The passage of these people is
extraordinarily remarkable, for in litle more then four monthes they
came from Coquimbo in Peru five degrees South Latitude, to Barbados in
thirteen North.

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

HEN. MORGAN.

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

[Footnote 2: Sir John Narbrough (1640-1688), afterward a celebrated
admiral, had in 1669-1671 voyaged to the South Sea, as a young
lieutenant, in command of the _Sweepstakes_; in Valdivia bay the
Spaniards had seized two of his officers, and, it seems, still
detained them.]

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


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

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

Relation of the South Sea men.

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

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

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

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

Los demas testigos dicen tambien haver oydo que estos Piratas andan
comprando aora un Nabio para bolver a haçer el mismo viage o continuar
esta pirateria.

_Translation._

Relation of the South Sea Men

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

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

Thence they went to the Isla de la Plata, where they remained three
days and a half refreshing themselves, and suspecting that the
prisoners were planning to rise and take the ship they killed one and
flogged another; and thence they went to Payta, where they sent two
canoes ashore with 32 armed men, with design to capture Payta, but
meeting with resistance they returned to the ship. Thence they sailed
away to the Strait of Magellan, but did not go through it, but around
the Isla del Fuego, which was some six or eight days' distance from
the Strait of Magellan. In making this passage of Fuego, to enter into
the North Sea, they were delayed some nine days. They came to
Barbados, where, because of finding there a ship of the King of
England, they did not venture to enter.

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

From Barbados they went to Antigua, where they were received without
injury, but rather with good treatment, and from there they divided,
some going to Nevis in a bilander,[3] others, some 18 of them, to
London in the ship whose captain was called Portin,[4] and eight
others that were the principal ones fled in the ship called the
_Comadressa Blanca_ (_White Gossip_),[5] Captain Charles Howard. Two
of them, that were the principal chiefs, were called, [the one]
Captain Sharp, and the other Gilbert Dike; and this deponent was left
at Plymouth.

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

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

[Footnote 5: Or perhaps _Ermine_.]

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




THE _SALAMANDER_.


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

[Footnote 1: Suffolk Court Files, no. 2031, paper 1. The story of the
_Salamander_ is curiously interwoven with the early history of the
Prussian navy, on which something has been said in note 1 to document
43. The facts may be made out by a comparison of documents 48 and 49
with data found in R. Schück, _Brandenburg-Preussens Kolonial-Politik_
(Leipzig, 1889), I. 113-118, and in a monograph on "Brandenburg-Preussen
auf 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 fleet
that ever sailed out of the Baltic (August, 1680), one of the six
frigates was the _Churprintz_ (Kurprinz, Electoral Prince), 32 guns,
Capt. Cornelius Reers, and there was a fire-ship, the _Salamander_, 2
guns, Capt. Marsilius (or Marcellus) Cock; the captains were probably
all Dutch. The chief exploit of the squadron was to capture, in time
of peace, a ship of the Spanish royal navy, which thus became the
first of the elector's ships actually owned by him. Then Reers and a
squadron of four frigates and the _Salamander_ sailed to the West
Indies, and spent the winter of 1680-1681 in cruising against Spanish
shipping, though with little success. If Samuel Button's story is true
(document 48), it would seem that the original _Salamander_ must have
been lost, and the _William and Anne_ substituted in its place and
renamed. The squadron got back to Prussia in May, 1681.]

To the Honnorable Simon Bradstreet Esq. Governor, Thomas Danforth Esqr
Dept. Governor, and the Rest of the Honnorable Assistants to sitt in
Boston on the 4th of this Instant August 1681 as A Court of Admiraltie
or Assistants

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

[Footnote 2: Lieutenant.]

Humbly Sheweth

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

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

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

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

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

PAUL SHARRETT.
CLAES PIETERSEN.

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

EDW'D RAWSON, Secret.


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

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

Samuel Button of Boston declareth concerning the Ship now called the
_Salamander_ in this harbour, Marcellus Cock commander. That in April
last was twelve-months' hee was Shipped Carpenter of sd Ship at London
then called the _Wm. and Anne_, Anthony Thorne of London Commander,
mr. George Trumbal of London being their Owner of sd. Ship. wee Sailed
with sd Ship from London to Bilboa where wee cleered our foremast men
and Ship't Biscayers in their steed and from thence Sailed to the
Canary's, where wee loaded brandy and wines, and our sd master there
left the Ship and our Mate mr. Christopher Johnson was put in master,
all the English men being cleered from her but myselfe, wee being
bound for Carthagene,[2] from thence back to Canary's, so to
Carthagene again and from thence to Canary's and from Canary's to
London and proceeding on our voyage wee put in to Sta. Marke in the
west Indies[3] to water; where the Governour forced our Stay to convoy
a Galliote bound to Carthagene, and after wee had been two or three
dayes in the Road, wee espied five Ships lying off and on by the space
of two or three dayes. at length they sent in their pinace with Dutch
colours to the Gov'r to get liberty to wood and water, pretending to
be Dutchmen come to cleer the coast of privateers; upon which the
Gov'r granted them liberty to come in and the same day they came and
anchored by us; they goeing ashore to the Gov'r acquainted him they
were of Middleborough,[4] Flushing, and Amsterdam (as I was informed)
and rode with dutch colours abroad; after they had been there four or
five dayes wee coming to saile in the night, all being buisy, they
laid us on board. wee demanding what they were they answered they were
Frenchmen; wee bad them keepe off, but they entring the Ship, the Ltt.
asked me if I was the Carpenter. I answered "yes," hee said "that's
good, you bee an Englishman. that doth no harme," comanding me to
keepe upon deck, declaring himselfe Capt. of the Ship, and when they
tooke us they shewed no Colours but told me the next day they would
shew me such Colours as I never saw, and then spread their
Brandenburgh Colours, putting our Supra Cargo and all the prisoners
ashore at St. Marke, onely Christopher Johnson a Dutchman our then
Ma[ste]r and myselfe, whom they carried with them to Jamaica. not
being Suffered to Land any of their goods there, Sailed thence with
this Ship in Comp'y of our English Fleete, pretending they were bound
with her to the East Country,[5] putting our Master and myselfe on
shore at Jamaica.

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

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

[Footnote 4: Middelburg in Zeeland.]

[Footnote 5: Baltic lands.]

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

EDW RAWSON, Secret.




THE _CAMELION_.


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

[Footnote 1: This very curious document (for one does not expect to
find pirates agreeing in writing to pursue a course of piracy) is
found embedded in one of the indictments in the case of the
_Camelion_, in vol. I. of the wills in the office of the surrogate,
New York City, pp. 312-313 of the modern copy. Its presence among
wills requires a word of explanation. The governor of a royal colony
was usually chancellor, ordinary, and vice-admiral, and as such might
preside in the courts of chancery, probate, and admiralty--courts
whose common bond was that their jurisprudence was derived from the
civil (or Roman) law, and not from the common law. Most of his
judicial action was in testamentary cases. It was therefore not
unnatural that the few admiralty cases and cases of piracy tried in
these early days should be recorded in the same volume as the wills,
though distinguished by the simple process of turning the book end for
end and recording them at the back. In this case the record begins
with our document 51; but the present document, copied into one of the
indictments, is earlier in date. The substance of another pirates'
agreement (Roberts's company, 1720, see doc. no. 117) is given in
Charles Johnson, _General History of the Pyrates_, second ed., pp.
230-232; another (Phillips's company, 1727, see doc. no. 120 and note
10), _ibid._, verbatim, pp. 397-398.]

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

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

[Footnote 3: Whom.]

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

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

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

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

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


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

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

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

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

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

THO. DONGAN.

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

To

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

[Footnote 3: Collector of the port.]

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




CASE OF WILLIAM COWARD.


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

[Footnote 1: Suffolk Court Files, no. 2540, paper 6. The case is
reported in _Records of the Court of Assistants of Massachusetts Bay_,
I. 319-322. Coward (a sailor of H.M.S. _Rose_) and others were
indicted for a piratical attack on the ketch _Elinor_ in Nantasket
Roads, November 21, 1689. They were tried in January, 1690, and
condemned, but reprieved. See _Andros Tracts_, II. 54. The trial
occurred in the interregnum between the deposition of Governor Andros
in 1689, and the arrival of Governor Phips and inauguration of the new
charter in 1692. Therefore Coward pleads to the jurisdiction, Andros's
commission as vice-admiral being void.]

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

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

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

That the Admiralty of those seas, havens, etc., where the Crimes and
offences afforesaid are supposed to have been done and Committed, In
Case the Commistion Lately geven to Sir Edmd. Andros, knt., to be vice
Admirall there of be voyd, it is now remaining in his Maj. and cannot
be Executed or exercised by any person or persons without being
Lawfully Commistionated by his Maj. for the same.

That in Case the Crimes, etc., offences aforesaid shall be considered
According to the said statute of the 28th of Henry the 8th, Chapt. the
15th, Then the said Wm. Coward saith that this Court hath noe power or
Jurisdiction there of, nor can the same be Enquired, tryed, heard,
Determined, and Judged by them, but Can only be Enquired, tryed, and
Determined by the Spetiall Commistion from his Majesty in such manner
as by the said statute is Derected.

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




CASE OF BENJAMIN BLACKLEDGE.


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

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

An acc'tt of the Surprizeall and takeing of the Ship _Good hope_ of
Bost[on] in New England, Burthen about three hundred Tonns with twenty
two Gun[s], Jeremiah Tay Comander, which was acted and done in a most
Treacherous and Pyratticall manner by certain Rovers or pirates (moste
of them theire Majest[ies] Subjects) in the Road of the Isle of May of
the Cape de verd Islands upon the Fourth day of February Anno Dmi
1690/1, The said Shipp with what goods were on board her properly
belonging unto Coll. Sam'll Shrimpton[2] Merchant att Boston in New
England aforesaid, vizt.

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

Upon the twentyeighth day of January 1690/1 wee arrived from the
Island of Madara att said Island of May aforesd and came to Anchor in
the Road there. The next day our men went ashore and applyed
themselves to rake togeather of salt in the Salt Pounds in order to
the loading our Said Shipp and Soe continued workeing severall days.
And upon the first day of February following there came into the
aforesaid Road a Sloope weareing theire Majesties Collours and
anchored not farr [fro]m our Said Shipp who tould us they came from
South Carolina, theire Captn. one James Allison formerly of New Yorke,
and that they had a Com'n from the Governor of Carolina aforesaid to
take and Indamage the French, for which end they were here arrived
expecting they might in a Short time meete Some of them.[3] The said
Captn. Allison and moste parte of his Company were wellknowne unto us,
they haveing beene Loggwood Cutters in the Bay of Campeach[4] where
wee were with the said Shipp about twelve mounthes Since, Loadeing
Loggwood, parte whereof wee bought of them and fully Sattisfied them
for, and during our stay there kept amicable correspondance with us,
Eateing, Drinking and Lodging frequently on board our said Shipp,
which wee gladly consented unto in regard they might have beene a
defence and help to us if any Enimey had assaulted us, by reason of
which former friendshipp and good Correspondance as alsoe theire
Specious pretence of a Commission against our Enimies (which wee woere
in Some feares of) wee willingly continued the former kindnesse and
amity betweene us, hopeing if wee were assaulted by the French wee
might by theire assistance (they being thirty five able men and our
Shipp being of pretty good force) have beene capable to make a good
resistance, They often protesting and promiseing to Stand by and help
us to the uttmost if there Should be occasion. wee therefore not
doubting theire honesty and Sincerity permitted them frequently to
come on board our Said Shipp, and Sometimes Some of us went on board
theire Sloope, and Believeing ourselves secure and willing to make a
quick dispatch as possible in Loading our Shipp, wee sent all [hands]
to worke in the Pounds (as wee [had done (?)] he[retof]ore) Except our
[Carpenter]s, which were [then (?)] att worke on our Decke building
[a] Boate for the more Convenient carriage of salt. Thus wee continued
workeing, and upon the Fourth day of February instant Capt. Allison
and Sundry of his men Dined with us on board said Shipp in a friendly
manner, as they were wont to doe, and Some time after Dinner desired
the said Commander Tay, with Mr. Edward Tyng the Sup[er]cargoe and
James Meeres a passenger, to goe on boarde theire Sloope to Drinke a
glasse of Punch with them, which he did, and when we were come on
board the said Sloope they pretended theire Doctor (whom wee Left on
board the Shipp talkeing with our men) had the keys where theire Sugar
was, Soe they could not make the Punch, and forthwith severall of
them Stept into the Boate and Rowdd on board our Shipp to fetch the
keys. as Soone as they entred our Shipp one of them Ran to the
Steereage Doore and another to the Round house and Secured all our
Arms, the rest Imediatly Seizeing the Carpenters who were att work on
the Boate. They then fired a gunn as a Signall to theire Sloope, who
Imediatly Seized us who were on board her (wee being unarmed) and
forthwith way'd anchor and Laid our Shipp aboard, att the same time
takeing everything out of the Sloope, excepting a Little Stincking
Brackish water, some Flower, a Little Stincking beefe, and three or
foure baggs of wheate, and then Comanded us presently to putt of from
the Shipp about Musquett Shott and then to come to anchor, which we
were forced to Comply with; After which they went on Shore and fetched
our men out of the Pounds by force and Armes, Seaventeene of whom they
tooke with them, Some whereof by force and threattnings and others of
them went volluntarily, which wee have good reason to beleive were
privy to the Plott and Surpriseall of the Shipp, a List of whose names
is hereto Subjoyned. afterward they gave us our Chests and some of our
Cloaths and the next day Comanded us to Saile away with the said
Sloope (which they gave us), and upon the Sixth day of February
Instant wee sailed with said Sloope for the Island of Barbados where
wee arrived the twenty first day of the same.

JEREMIAH TAY, M'r.
EDWARD TYNG
THOMAS WHARFE, Mate
JAMES MEERES, JUNIOR.

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

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


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

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

Epaphras Shrimpton, of full Age, Testifieth that Benja. Blacklidge did
acknowledge that himselfe and some others which he named took from on
borde the Ship _Good hope_ at Madagasker about halfe her Cargoe which
she brought from Holland particulerly Hollands, duck, Riging, Ketles,
Powder, etc., belonging to Col. Sam. Shrimpton, and said that with
part of the Ketles they Sheath'd the bow of the Ship which he came
from Madagasker in, and offer'd if Colo. Shrimpton would be kinde to
him he would discover the Persons that were to bring home the
remainder of the Ship _Good hopes_ Cargoe. the said Blacklidge said
that himselfe and other of his Confederates took the above mention'd
goods out of the Shipp _Good hope_ at Madagasker just before he came
from thence to New England. this he acknoledg'd to Colo. Shrimpton in
the Prison house in Boston in New England in the year 1693.

EPAPH. SHRIMPTON.


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

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

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

JER. TAY.

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

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

[Footnote 2: Own.]

[Footnote 3: Embezzled.]


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

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

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

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

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

Egnoramos.[2]

RICH'D CRISP, foreman, with the Rest.

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

       *       *       *       *       *

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

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

The Deposition of Thomas Larimore, aged Thirty two Yeares or
thereabouts. This Deponent testifyeth and saith that whenever any
person is fitted out to go in a Private man of Warr there is not wont
to be any Writing drawne betwixt the person fitting and the person
fitted out, and Yet the person fitted out always allows to the person
fitting him out One full Quarter part of a whole share of whatsoever
is gained on the Voyage.

Boston Octobr     THOMAS LARIMORE.
28th, 1695.     Sworne in Court 30th Octobr. 1695
                  Attest JONA. ELATSON Cler.
                A true Copy of that on file
                  Examd. AD'TON DAVENPORT, Cler.[2]

[Footnote 2: Addington Davenport, clerk of the Superior Court from
1695 to 1698, and one of its judges from 1715 to 1736.]




CASE OF HENRY EVERY.


_58. Petition of the East India Company. July, 1696._[1]

[Footnote 1: London, Privy Council, Unbound Papers, 1:46. This
petition is addressed, not to the king in Council, but to the lords
justices who were exercising his functions during the absence of
William III. in Holland, whither he had gone on account of his war
with Louis XIV. The paper is endorsed as read July 16, 1696. A
proclamation was immediately issued, July 18, declaring Henry Every
and his crew pirates, ordering colonial governors to seize them, and
offering a reward of £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 in
November; their trial is reported in Hargrave's _State Trials_, V.
1-18. Others found a refuge in the colonies, despite the proclamation,
Governor Markham of Pennsylvania in particular being loudly accused of
connivance; _Calendar of State Papers, Colonial_, 1696-1697, pp.
613-615. Every (or Avery) was one of the most famous of the pirates.
His history is told in Captain Charles Johnson's _General History of
the Pyrates_ (second ed., London, 1724), pp. 45-63. Two popular
ballads respecting him are in Professor Firth's _Naval Songs and
Ballads_, pp. 131-134. We print first the documents which first
brought knowledge of his misdeeds, but the whole story in a
consecutive order is better found in the examination of John Dann,
document no. 63, _post_. The case is only partly American, but
ramifies, as will be seen, over much of the globe.]

To their Excellencyes The Lords Justices of England in Council,

The humble Petition of the Governour and Company of Merchants of
London trading into the East Indies

Most humbly sheweth

That the said Governour and Company have lately received certain
Intelligence That Henry Every, Commander of a Ship called the
_Fancy_, of 46 Guns, is turned Pirate and now in the Seas of India or
Persia, who with divers other Englishmen and Forreigners to the number
of about 130 (the names of some of which are hereunto annexed) run
away with the sa[id Ship], then called the _Charles_, from the Port of
Corona[2] in Spain and that the said Pirate ha[vin]g ... at the Island
of Johanna[3] had left there the following Declaration: vizt.:

[Footnote 2: Coruña.]

[Footnote 3: The chief of the Comoro Islands, in the Mozambique
Channel, northwest of Madagascar. The document which follows is also
printed, from a manuscript in the India Office, in the Hakluyt
Society's _Diary of William Hedges_, II. cxxxviii-cxxxix, where are
other extracts concerning Every.]

To all English Commanders, let this satisfie, That I was riding here
at this instant in the Ship _Fancy_ Man of War, formerly the _Charles_
of the Spanish Expedition,[4] who departed from Croniae the 7th of May
1694 Being (and am now) in a Ship of 46 Guns, 150 Men, and bound to
Seek our Fortunes. I have never as yet wronged any English or Dutch,
nor ever intend whilst I am Commander. Wherefore as I commonly speak
with all Ships, I desire whoever comes to the perusall of this to take
this Signall, That if you, or any whom you may inform, are desirous to
know what wee are at a distance, Then make your Ancient[5] up in a
Ball or Bundle and hoist him at the Mizenpeek, the Mizen being furled.
I shall answer with the same and never molest you, for my Men are
hungry, Stout, and resolute, and should they exceed my Desire I cannot
help myself. As yet an Englishmans Friend

At Johanna February 28th, 1694. HENRY EVERY.

[Footnote 4: The expedition which sailed for Spain in the spring of
1694, to deter the French from attacking Barcelona.]

[Footnote 5: Ensign.]

The Copy of which said Declaration was brought by Some of the said
Company's Ships to Bombay and from thence transmitted to England with
the annexed Clause of a Letter relating thereunto.[6]

[Footnote 6: Document no. 59, _post_.]

And the said Governour and Company having likewise understood by some
fresh Advices from Persia hereunto annexed That the said Pirate had in
pursuance of his said Declaration pillaged severall Ships belonging
to the Subjects of the Mogull[7] in their passage from the Red Sea to
Surrat,[8] upon notice whereof the Factoryes of the said Company at
Surrat had guards set upon their Houses by the Governour of the place
till such time The Mogulls pleasure was known, Whereby the said
Governour and Company have reason to fear many great inconveniences
may attend them not only from the Reprizalls which may be made upon
them at Surrat or other their Factories But also from the Interruption
which may be thereby given to their Trade from Port to Port in India,
as well as to their Trade to and from thence to England.

[Footnote 7: Aurangzeb, the Mogul emperor of Hindustan.]

[Footnote 8: Surat, 150 miles north of Bombay, and the seat of an
important trading factory of the East India Company.]

Wherefore your Peticioners do most humbly beseech your Excellencies to
use such effectuall means for the preventing the great Loss and damage
which threatens them hereby, as to your Excellencies great wisdom
shall be thought fit.

And your Peticioners shall ever pray etca.

Signed by order of the Governour and Company

RO. BLACKBORNE, Secretarie.


_59. Extract, E.I. Co. Letter from Bombay. May 28, 1695._[1]

[Footnote 1: London, Privy Council, Unbound Papers, 1:46, accompanying
our no. 58. Bombay was the main post of the East India Company; a
council there supervised all its trade along the west coast of
Hindustan.]

Extract of a Clause in the Generall Letter from Bombay dated the 28th
May, 1695.

By our shipping now arrived who touched at Johanna Wee have News That
Strongs ship which was one of them that w[ent] for the Spanish
Expedition is runn away with from the Groyn[2] and come into these
seas carrying 46 Guns and 130 men, as your Honours will perceive by
Copy of the Captains Letter left at Johanna that accompanyes this.
Your Honours Ships going into that Island gave him chase, but hee was
too nimble for them by much, having taken down a great deal of his
upper work and made her exceeding snugg, which advantage being added
to her well sailing before, causes her to sail so hard now that shee
fears not who follows her. This Ship will undoubtedly into the Red
Seas and Wee fear disappoint us of Our above expected Goods, And it is
probable will after shee had ransacked that Gulph proceed to Persia
and doe what mischief possible there, which will procure infinite
clamours at Suratt and the Government will be for embargoing all that
ever Wee have there.

[Footnote 2: Coruña, which the English then frequently called "The
Groyne."]


_60. Abstract, E.I. Co. Letters from Bombay. October 12, 1695._[1]

[Footnote 1: London, Privy Council, Unbound Papers, 1:46, accompanying
our no. 58.]

By Letters received the 4th of this Inst. from the Generall[2] and
Councill for the English Affairs residing att Bombay dated 12th
October 1695 the Company are advised as followeth, vizt.

[Footnote 2: Sir John Gayer, governor of Bombay, which at this time
was the chief seat of the company's operations in India.]

That on the 29th August the Generall and Councill dispatched the
Company's ship the _Benjamin_, Burthen 468 Tunns, Captain Brown
Commander, in Company of two Dutch ships that wintered here, for
Surrat, with almost all the Cargoes of the three ships, except the
Lead that the _Mocha_ carryed in her for Persia (which wee had nott
time to take out, she arriving so late). On the 7th of September she
arrived Surrat Rivers mouth, where the President, according to Orders,
fell to unlading her, but by that time they had gott the Guns, 4 or
500 Bales, and some other Goods on shoar, on the 11th Ditto, One of
Abdull Gofores[3] Ships arriving, their people sent the Governour
word, that they were plundered by an English Vessell, severall of
their Men killed in fight, and others barbarously used; Upon which
there was a great noise in Towne, and the Rabble very much incensed
against the English, which caused the Governour to send a Guard to Our
Factory to prevent their doing any violence to Our People. the 13th in
the Morning, the _Gunsway_, one of the Kings Ships, arrived from Judda
and Mocho,[4] the Nocqueda[5] and Merchants, with one voice,
proclaiming that they were robbed by four English Ships near Bombay of
a very great Sume, and that the Robbers had carryed their plundered
Treasure on Shoar there, on which there was farr greater noise than
before. upon this the Governour[6] sent a very strong Guard to the
Factory and clapt all our People in Irons, shut them up in a room,
planked up all their windows, kept strict Watches about them, that no
one should have pen, ink, or paper to write, stopped all the passages,
that no Letters might pass to Us. att this time Captain Brown being
att Surat, with some of his Officers and Boats Crew, faired in Common
with the rest, and so did some others, that were on shoar, to look
after their sick att Swally;[7] and their Long boat and Pinnace going
on Shoar there, for Water and Provisions, They sent one Man to the
Choultrey,[8] to inquire what News, (having heard somewhat of the
Rumour). this person they seized on, by severall Peons, which caused
them immediately to putt their boats off, which they had no sooner
done, but sundry small Armes were discharged at them. This Caused the
Boats to repair to their Ship, att the Rivers mouth, where the Dutch
told them, they durst not supply them with any thing while there. But
one of them, being ready to sail for Batavia, said, if they would sail
in Company with them, they would supply them with what they wanted,
as soon as they were out of sight of the Rivers Mouth, which was done
according to promise, and so the _Benjamin_, by the Generall Consent
of their Officers, came hither, having left her Captain and thirty
nine more of her Company behind. as soon as we had a full relation of
these things, we immediately wrote to Court, to one Issa Cooley, an
Armenian, whom wee intend to make our Vakeel[9] to represent Our Cause
to the King, and to Excuse Our Selves from being concerned in those
barbarous Actions. Wee Also wrote to the Governour of Surrat and all
the Great Umbraws[10] round Us to the same effect, hearing by all that
come from Surrat, that that Citty is in an uproar about Us, and being
informed also, that Severall Letters are gone to the Siddy[11] (who is
very near Us with an Army) from Court and Surat, wee are making what
preparation Wee can for our Own defence, nott knowing what this
Extream ferment may produce.

[Footnote 3: Abd-ul-Ghaffar was the richest merchant in Surat. "Abdul
Gafour, a Mahometan that I was acquainted with, drove a Trade equal to
the English East-india Company, for I have known him to fit out in a
Year above twenty Sail of Ships, between 300 and 800 Tuns." Capt.
Alexander Hamilton, _A New Account of the East Indies_, I. 147. The
Indian historian Khafi Khan, who was at Surat at the time, gives an
account of the transactions which follow, translated in Elliot and
Dowson, _History of India as told by its own Historians_, VII.
350-351.]

[Footnote 4: "The royal ship called the _Ganj-i sawai_, than which
there was no larger in the port of Surat, used to sail every year for
the House of God [at Mecca, or to Jiddah, its port]. It was now
bringing back to Surat fifty-two lacs of rupees in silver and gold,
the produce of the sale of Indian goods at Mocha and Jedda." Khafi
Khan, _ubi sup._]

[Footnote 5: Urdu _nakhoda_, captain or master of a vessel.]

[Footnote 6: The Mogul's governor of Surat, Itimad Khan.]

[Footnote 7: Suwali, the port of Surat.]

[Footnote 8: Caravanserai, or place for public business.]

[Footnote 9: Agent or envoy.]

[Footnote 10: Urdu _umar[=a]_, grandee of the great Mogul's court.]

[Footnote 11: Urdu _s[=i]d[=i]_, a title given in western India to
African Mohammedans of high position under the Mogul. The particular
_s[=i]d[=i]_ here mentioned was probably Kazim Khan, admiral to the
Mogul.]

On the 28th past, We received a Letter from the President and Councill
by the Governour's permission, Coppy of which is enclosed with a Coppy
of Our Answer. Wee have also wrote the Governour a Second time and the
Vockanavis, Cozze and Hurcorra,[12] and have sent a Letter to the
King, Asset Cawn, and the Cozyse[13] att Court, endeavouring as much
as possible to allay the heat, by clearing our innocency, and have
promised that if Our Shipping arrives according to Expectation, that
wee will send one or two next Season to Mocho and Judda to convoy
their Fleet.

[Footnote 12: News-writer (_wakanavis_), civil judge (_k[=a]z[=i]_,
cadi), and messenger.]

[Footnote 13: _Kazis._]

Wee are informed, that one English man in Surrat carrying to Prison,
was so wounded by the Rabble, that he dyed three days after, and that
severall others were barbarously used. it is certain the Pyrates,
which these People affirm were all English, did do very barbarously by
the People of the _Gunsway_ and Abdul Gofors Ship, to make them
confess where their Money was, and there happened to be a great
Umbraws Wife (as Wee hear) related to the King, returning from her
Pilgrimage to Mecha, in her old age. She they abused very much, and
forced severall other Women, which Caused one person of Quality, his
Wife and Nurse, to kill themselves to prevent the Husbands seing them
(and their being) ravished. All this will raise a black Cloud att
Court, which We wish may not produce a severe storme.

The Pyrates, being neglected of all hands, begin to grow formidable,
and if some Course be nott taken to destroy them, they will yearly
increase, having found their trade so beneficiall, and how soon the
Companys servants, as well as their Trade, may be sacrificed to
revenge the Quarrell of the Sufferers, they know not.


_61. Letter from Venice. May 25, 1696._[1]

[Footnote 1: London, Privy Council, Unbound Papers, 1:46, accompanying
our no. 58.]

Coja[2] Panous Calendar has received a Letter from his Friend at
Venice, dated the 25th May last, S.V., which advises him That he
received a Letter from Spahaune[3] dated the 16th of December last,
which sayes that Four ships, one of the Mogulls, and Three belonging
to the Merchants, were coming from Mocha and Juddah to Surratt, mett
with a Pyrate who took them and Plundered them of the Gold and Silver
and goods on board them, and then let the ships go, who arriving at
Surratt complained thereof to the Governour, and that the Pyrate was
under English Colours. The Governour thereupon setts Guards upon the
Companies House and sends up the Account to the Mogull.

[Footnote 2: Persian _kh[=o]jah_, scribe.]

[Footnote 3: Ispahan.]

Coja's Letter does not give an Account when the Ships returned to
Surratt, but believes it must be in the beginning of September, that
being the time when Ships return from Mocha to Surratt.


_62. Abstract, Letters from Ireland. June 16-July 7, 1696._[1]

[Footnote 1: London, Privy Council, Unbound Papers, 1:46, accompanying
our no. 58.]

An Abstract of Letters relating to the Sloop _Isaac_ of Providence,
whereof Captain Thomas Hollandsworth Commander.[2]

[Footnote 2: Providence here means New Providence in the Bahamas.
Hollingsworth was one of those who came from Madagascar to New
Providence in the _Fancy_ with Every. _Calendar of State Papers,
Colonial_, 1700, pp. 278, 411.]

Thomas Bell Esqr., Sheriff of the County of Mayo, in his Letter of the
16th of June 1696 says That on the 7th instant came into Westport[3] a
small Vessell of about 30 tuns, whereof he had no account till the
14th, upon which he immediately went thither, and only found the
Master, whom they call Captain Thomas Hollinsworth, and two men more
on board. That they had no other Loading but Gold and Silver, which
they conveyd away, and sold the Ship to one Thomas Yeeden and Lawrence
Deane of Gallway, Merchants. It was a very considerable Sume they had,
of which Mr. Bell desires the Government may be informd, that he may
have further direction therein; And adds that he found two baggs of
about Forty pound worth of Mony not passable in this Kingdom,[4] in
the hands of the said Mr. Yeeden and Mr. Dean, and took their Bond of
a hundred pound to have the same forthcomeing to answer the
Governments pleasure.

[Footnote 3: A seaport in northwestern Ireland, co. Mayo, about 40
miles north of Galway in a direct line, but a much larger distance
around the coast.]

[Footnote 4: Foreign coin; _e.g._, Indian or Arabian.]

The said Mr. Bell in his Letter of the 20th of June further says, That
since the writing of the above Letter he mett two of the Crew
belonging to the said Vessell, by name, James Trumble and Edward
Foreside, in whose hands he found about 200 l., and seizd on their
persons and goods, but found none of the said Guilt or Bullion in
their Custody, and now hath them with their said goods in his hands,
and hopes to find a great deale more of the said Guilt and Bullion in
the Country, or those that carry it away, the common report being that
the said Ship was worth Twenty Thousand pounds in Gold, Silver and
Bullion; And further adds That he receivd a Warrant from Sir Henry
Bingham, Barronet,[5] and John Bingham, Esquire, requiring him
forthwith to produce the said Trumble and Foreside with their Goods
before them, which he obeyd and will give a further account per next
post.

[Footnote 5: The third baronet, grand-uncle of the first earl of
Lucan.]

Mr. Farmer Glover, Generall Supervisor of the Revenue, in his Letter
of the 25th of June from Gallway says, That having had some Account of
a sloop being putt into Westport he hastned thither, but she was gon
thence (the day before he gott there) towards Gallway; On examinacion
he found she came from New Providence in America by Cocquett[6] from
thence, had on board Three Tunn and a half of Brazelett[7] Wood and a
great quantity of Coyne and Bullion; It is likewise reported that
before her Arrivall at Westport she putt into a place calld Ackill[8]
and there landed severall Passengers and Goods; That the Officer at
Westport says he dischargd at one time 32 baggs and one Cask of Mony,
each as much as a man could well lift from the ground; That there are
severall Reports in the Country, some saying she was a Privateer,
others a Buckaneer, or that she had Landed some of the Assassinators,[8a]
which no doubt but their way of comeing into the Country gave great
cause of Suspition, for as soon as they had Landed they offerd any
Rates for Horses--Ten pounds for a Garran[9] not worth Forty shillings
and Thirty shillings in Silver for a Guinea for lightness of
carriage;[10] That on these consideracions he seizd the Sloop untill
Bond was given according to Law; That she is sold to two Merchants of
Gallway and designd to be fraighted out soon.

[Footnote 6: In old days, a certificate from customs officials that
merchandise on board had paid its duties.]

[Footnote 7: Braziletto, a dyewood.]

[Footnote 8: The Isle of Achill lies off the Irish coast, northwest of
Westport.]

[Footnote 8a: Conspirators for the assassination of King William, in
connection with the plot headed by Robert Charnock and Sir George
Barclay. Several had been executed this spring, but some were at
large.]

[Footnote 9: An inferior Irish horse.]

[Footnote 10: _I.e._, because the gold was so much lighter to carry.
In 1695, 30 shillings for a guinea would not have been an unusual
price in London (Great Britain then had the silver standard), but the
Recoinage Act passed in January, 1696, had enacted that it should be
penal to give or take more than 22 shillings for a guinea.]

Mr. Lee the Collector of Gallway, in his Letter of the 26th of June,
gives an Account That the Sloop that lay at Westport is come into the
Harbour of Gallway; That the Master hath made Report of his Ship and
Invoyced upon Oath at the Custom House, and entred into Bond with
Security not to depart without Lycence as usuall; That the Master says
each person on board took his share of the Silver and Gold and went
away with it, That Mony paying no Duty, and being frightned in thither
by a Privateer, there being no place there to make a Report, he could
not hinder the men to carry off their Fortunes, but on Oath denys the
knowledge of any other Goods whatsoever; That the Officer placed on
board swears that since he came thither he did not see dischargd or
carried out of the Ship any Goods whatsoever but Mony and Melted
Silver, of which they took out 32 baggs and one small Cask; That he
opened severall of the baggs, in which were Dollars,[11] and that this
quantity belongd to two men and the Master, the rest being carried
away and the men gon, they have brought part of their Mony hither by
Land, And that the Sheriff hath caused part of it to be Lodgd in the
Country untill further Order. The said Mr. Lee has also inclosed a
Copie of the Masters Pass and Clearings at the Custom House in
Providence, And that the Captain of the Sloop brought a Pacquett for
His Majestie and deliverd into the Post Office in Gallway.

[Footnote 11: _I.e._, presumably, Spanish money.]

Mr. Vanderlure, Collector at Ballinrobe,[12] in his Letter of the 2d
of July writes, That he has usd all Lawfull ways and means to discover
what Goods were Landed on that Coast where the Sloop from New
Providence arrivd, which was near Westport, but before that she sett
on Shoar at Ackill head about a dozen Passengers, English and Scotch,
who had a considerable quantity of Gold and Silver Coyne with some
Bullion. most part of the latter they parted with at Westport and
elswhere, but as for any thing else he cannot learn they had; That he
has in his keeping in a small bagg about 5 l. worth of broken Silver
belonging to Mr. Currin and Mr. Samuel Bull and likewise about 9 l.
worth of course melted Silver Securd with one Mr. John Swaile in
Foxford,[13] which also belongs to them, which they alleadg they
brought from the aforesaid Passengers; That there is one Crawford, a
dweller in Foxford, who told the said Mr. Vanderlure and others, That
there was one of the Passengers who had some peices of Muslin[14] in a
bagg. the said Crafford absented himself when Mr. Glover and Mr. Cade
were at Foxford to examin that matter, but there is a Summons left at
his house to appear at Gallway on Munday next to give his Testimony
and knowledge therein; That assoon as the said Mr. Vanderlure had
notice of that Sloop being in that part of the Country he desird the
Surveyor to send an Express to Mr. Lee, the Collector of Gallway, to
acquaint him of the Vessell's Arrivall, which accordingly was don and
an Officer sent from Gallway who went in the Vessell thither; That two
of the Ships Crew are st[op]t and in Custody of the High Sheriff of
the County of Mayo by a Warrant from Major Owen Vaughan, a Justice of
Peace, upon an Information of one of the Passengers That that Sloop
was the King's Pacquett Boat. they have 2700 plate Cobbs[15] in the
sheriffs hands, which he secured when he Seizd the said persons. It is
said they have about 100 worth of the Coyne. The names of the said
Seizd persons are Edward Foreside and James Trumble, who desire
themselves and cash might be removd to Dublin, to answer what shall be
laid to their Charge.

[Footnote 12: About 20 miles southeast of Westport, between that place
and Galway.]

[Footnote 13: About 20 miles northeast of Westport.]

[Footnote 14: Muslin (meaning organdie; from Mosul in Mesopotamia) was
not then made in Europe, but was brought from India.]

[Footnote 15: Plate means silver. Cob was the name then used in
Ireland to designate Spanish pieces of eight (dollars). Sir William
Petty, _Political Anatomy of Ireland_, p. 71.]

Mr. Bartholomew Cade, Surveyor at Ballinrobe, in his Letter of the 2d
of July says he has been with Mr. Glover according to the
Commissioners directions, and for an account of their proceedings in
each particular referrs to Mr. Glovers Letter.

Mr. Glover in his Letter of the 3d of July from Gallway gives an
account That he is returned from Ballinrobe District, where he has
been making all strict Enquiry about the Sloop putt in at Westport,
and says, That as yett there appears no substantiall proof of any
Goods Landed lyable to Duty, except such as were taken by the Officer,
Mr. Currin, which he says he had seized from them, that the said Mr.
Glover has taken them from the officer and deliverd them into the
Custom House. As for the 14 pound 3/4 worth of Silver bought by the
Officer, it is in Charge with the Collector Mr. Vanderlure. No
question but the Master of the Sloop hath forfeited and been lyable to
the Penalty according to Law, for by Affidavit of one of his Sailers
he proves that at Ackill, where they first landed their Passengers,
there being no Officers present, there was taken off board and Landed
severall large baggs belonging to the Passengers. what was in the
baggs he cannot tell, but that they were stuffed full of something.
That the said Mr. Glover had likewise Informacions from severall
persons that they heard one George Crawford of Foxford say that he had
seen Eight peices of Muslin with some of the Passengers which came out
of the Sloop. That he went to Foxford to examin the said Crawford, but
he went out of the way so that the said Glover could not see him, but
left a Summons at his house for his appearing at Gallway the Munday
following.

Mr. Humphry Currin, in his Letter of the 7th of July from Gallway,
says, That a small Sloop from the West Indies Landed at Ackill about
10 or 12 Passengers and that he saw them at Westport and one of them
was putting something in a bagg which he examined and found 5 yards
and 1/2 of Striped Muslin, 2 yards and 1/2 of Cottened Cloth, 2 yards
of Quilted Linnen, with 10 small Cravatts and 4 Silk Handkerchiefs,
which he then Seizd as lyable to Duty, and said he must carry them to
the Custom House of Gallway; That he supposd the Kings share would be
remitted and ignorantly gave him the next day 4 Cobbs for it and told
him if the Law would allow him more he should have it; That the said
Currin shewd the Linnen to Mr. Cade and told him he must go with them
to Gallway, but delayd it till after the next Office; That he was
advisd to carry the Passengers to a Justice of Peace, which he
accordingly did; That he bought for himself and a friend 5 pound of
broken silver and 9 pound of melted course Silver and deliverd it to
Mr. Glover's Order.


_63. Examination of John Dann. August 3, 1696._[1]

[Footnote 1: London, Public Record Office, C.O. 323:2, no. 25 IV.
Endorsed: "In closed in Mr. Blackborne Secretary to the East India
Company his letter of the 18th December 1696", as to which letter see
_Calendar of State Papers, Colonial_, 1696-1697, pp. 259-264.]

The Examination of John Dann of Rochester, Mariner, taken the 3d of
August 1696.

Danns Examination.

This Informant saith that 3 yeares agoe he was Coxwain in the
_Soldado_ Prize, That he deserted the said shipp to goe in Sir James
Houblons[2] Service, upon an Expedition to the West Indies, under Don
Authuro Bourne. hee went on board the _James_, Captain Gibson
Commander, and the whole Company shifted their Ship in the Hope, and
went on board the _Charles_ in which they went to the Corunna. The
Shipps Company mutinied at Corunna for want of their pay, there being
8 months due to them; some of the men proposed to Captain Every, who
was master[3] of the _Charles_, to carry away the Shipp, which was
agreed on and sworne too; accordingly they sayled from the Corunna the
7th of May 1693.[4] when they were gone out they made up about 85 men.
Then they asked Captain Gibson, the Commander, whether he was willing
to goe with them, which he refusing, they sett him a shoar, with 14 or
15 more.

[Footnote 2: An alderman of London and a director of the Bank of
England. "Sir Arthur Bourne, an Irish commander, who has served on
board the Spanish fleet 5 years; he is to command 5 English and Dutch
men of warr, and sail for the West Indies" (1692). Luttrell, _Brief
Relation_, II. 330.]

[Footnote 3: Navigating officer.]

[Footnote 4: Error for 1694.]

The first place they came to was the Isle of May,[5] where they mett
three English Ships and tooke some provisions out of them, with an
Anchor and Cable and about 9 men. They went next to the Coast of
Guinea, and there they tooke about 5 li. of Gold Dust, under the
pretence of Trade; from Guinea they went to Philandepo,[6] where they
cleaned their ship and tooke her lower; from thence they went to
Princes Island,[7] where they mett with 2 Deanes[8] ships, which they
tooke after some restraine. in those Shipps they tooke some small
Armes, Chestes of Lynnen and perpetuenes,[9] with about 40 l. in Gold
dust and a great quantity of Brandy. they putt them on shoar Except 18
or 20 they tooke with them. they carryed the best of the Danes Shipps
with them and burnt the other. They stood then for Cape Lopez, and in
the way mett with a small portugeese, laden with slaves from Angola.
they tooke some Cloathes and silkes from them and gave them some
provisions which they were in want of. att Cape Lopaz they only bought
Honey, and sunke the little shipp, the men not being satisfied with
the Commander. They went next to Annabo[10] and takeing provisions
there they doubled the Cape and sailed to Madagascar, where they tooke
more provisions and cleared the ship. from thence they sailed to
Johanna,[11] where they mett a small Junke, put her a shore and tooke
40 peices out of her, and had one of their men killed. they only tooke
in provisions at Johanna. Three English Merchant ships came downe
thither at the same time, but they did not speake with them. They went
thence to a place called Paddy,[12] and soe back to Johanna, touching
at Comora by the way, where they tooke in provisions. at Johanna they
tooke a Junke laden with Rice, which they stood in need of; here they
tooke in 13 French men that had been privateering in those Seas under
English Colours and had lost their ship at Molila, where it was cast
away. Then they resolved to goe for the Red Sea. in the way they mett
with two English Privateers, the one called the _Dolphin_, the other
_Portsmouth Adventure_. The _Dolphin_, Captaine Want Comander, was a
Spanish Bottom, had 60 men on board and was fitted out at the
Orkells[13] neare Philadelphia. She came from thence about 2 yeares
agoe last January. The _Portsmouth Adventure_ was fitted out at Rhode
Island about the same time, Captain Joseph Faro Comander. this ship
had about the like number of men and about 6 Gunns each and they
joyned Company. They came to an Island called Liparan,[14] at the
entrance into the Red Sea, about June last was 12 months. they lay
there one night and then 3 sale more of English came to them, One
comanded by Thomas Wake[15] fitted out from Boston in New England,
another the _Pearle_ Brigantine, William Mues Comander, fitted out of
Rhode Island, the third was the _Amity_ Sloop, Thomas Tew
Comander,[16] fitted out at New Yorke. they had about 6 Guns each. two
of them had 50 men on board and the Brigantine betweene 30 and 40.
they all Joyned in partnership, agreeing Captain Every should be the
Comander. After they had laine there some time they were apprehensive
the Moors shipps would not come downe from Mocha,[16a] soe they sent a
pinnace thither, which tooke two Boates. they brought away 2 men,
which told them the shipps must come downe. In the meane time they
stood into the sea about 3 Leagues and came to an Anchor there, and
hearing by the Pinnace the Moors Shipps were ready to come downe they
weighed and stood to Leparon againe. After they had lain there 5 or 6
dayes the Moores shipps (being about 25 in number) past by them in the
night unseen, though the passage was not above 2 miles over. they[17]
was in August last on Saturday night. the next morning they saw a
Ketch comeing downe, which they tooke, and by them they heard the
ships were gone by, whereupon it was resolved they should all follow
them and accordingly they wheighed on Monday, but the _Dolphin_ being
an ill sayler they burnt her and tooke the men most of them aboard
Captain Every and the Brigantine they tooke in two [tow]. the sloop
fell asterne and never came up to them. Captain Wake likewise lagged
behind but came up to them afterwards. the _Portsmouth_ kept them
company. they steered their Course for Suratt, whether the Moores
ships were bound. about 3 dayes before they made Cape St. John[18]
they mett with one of the Moores ships, betweene 2 and 300 tons, with
6 Guns, which they tooke, she haveing fired 3 shott. they tooke about
50 or 60,000 l. in that ship in Silver and gold, and kept her with
them till they made the land, and comeing to an anchor they espied
another ship. they made sale up to her. she had about 40 Guns mounted
and as they said 800 men. Shee stood a fight of 3 houres and then
yeilded, the men runing into the Hold and there they made their
Voyage. They tooke out of that ship soe much Gold and Silver in Coyned
money and Plate as made up each mans share with what they had taken
before about 1000 l. a man, there being 180 that had their Dividents,
the Captain haveing a Double share and the Master a share and a halfe.
The _Portsmouth_ did not come into the Fight and therefore had noe
Divident, but the Brigantine had, which was taken away from them
againe by reason that the _Charles's_ men changing with them Silver
for Gold they found the Brigantine men Clippt the Gold, soe they left
them only 2000 peices of Eight to buy provisions. They gave a share to
the Captain of the _Portsmouth_ and brought him away with them.
Captain Want went into his ship and sailed into the Gulph of Persia
and the Brigantine (he thinkes) went to the Coast of Ethiopia. Captain
Wake went to the Island of St. Maries near Madagascar,[19] intending
for the Red Sea the next time the Moores ships were expected from
thence. Captain Every resolved to goe streight for the Island of
Providence. In the way the men mutinied, some being for carrying her
to Kian[20] belonging to the French, neere Brazill, but Captain Every
withstood it, there being not above 20 men in the Shipp that Joyned
with him. when they came to the Island of Mascareen[21] in the
Latitude of 21 they left as many men there as had a mind to stay in
that Island, and about March or Aprill last they arrived in the Island
of Providence with 113 men on board. they came first to an Anchor off
the Island of Thera,[22] and by a sloop sent a Letter to Nicholas
Trott, Governor of Providence,[23] to propose bringing their ship
thither if they might be assured of Protection and Liberty to goe
away, which he promised them. They made a collection of 20 peices of 8
a man and the Captain 40, to present the Governor with, besides
Elephants Teeth and some other things to the value of about 1000 l.
Then they left their Ship which the Governor had and 46 Guns in her.
they bought a sloop which cost them 600 l. Captain Every and about 20
more came in her for England and Every tooke the name of Bridgman;
about 23 more of the men bought another Sloop and with the Master,
Captain Risby, and the rest of the men went for Carolina.

[Footnote 5: Maio, one of the Cape Verde Islands.]

[Footnote 6: Fernando Po, in the Bight of Biafra.]

[Footnote 7: Ilha do Principe. The islands of St. Thomé, Principe, and
Annobon are fully described, in their then state, in the second
edition of Johnson, _General History of the Pyrates_, pp. 188-204.]

[Footnote 8: Danish. Fourteen of the Danes joined the pirate crew, so
says Philip Middleton in a narrative not identical with our no. 64,
_post_ (_Cal. St. Pap. Col._, 1696-1697, p. 261); and the Court of the
East India Company, in a letter to the General and Council at Bombay,
Aug. 7, 1696, report that Every's motley company "consisted of 52
French, 14 Danes, the rest {104} English, Scottish, and Irish".
Beckles Willson, _Ledger and Sword_, I. 434.]

[Footnote 9: Perpetuana, a durable woolen fabric.]

[Footnote 10: The island of Annobon, in lat. 1° 24´ S.; see note 7.]

[Footnote 11: One of the Comoro group of islands, lying between the
north point of Madagascar and the mainland of Africa. It may be useful
to mention that at this time the East India Company's monopoly of
trade in the Indian Ocean had been broken by a declaration of the
House of Commons, Jan. 11, 1694, that every British subject had the
right to trade with India.]

[Footnote 12: Probably Patta, off British East Africa, but then
Portuguese. Comoro is the principal island in the group of which
Johanna is one. Molila, below, is most likely Mohelli, another of the
group.]

[Footnote 13: Whorekill, _i.e._ Lewes Creek, Delaware.]

[Footnote 14: Perim, in the straits of Bab-el-Mandeb.]

[Footnote 15: See doc. no. 68, paragraph 8, _post_.]

[Footnote 16: Tew appears in Jamaica, Rhode Island, and New York,
everywhere with an ill reputation. Edward Randolph (Toppan, _Edward
Randolph_, V. 158) declares that from this present voyage he brought
£10,000 in gold and silver into Rhode Island. He had gone out with a
privateering commission from Governor Fletcher of New York (_N.Y. Col.
Doc._, IV. 310, etc.), though, according to Bellomont, Fletcher must
have known of his piratical habits. Fletcher in his not too satisfying
"defence" (_ibid._, IV. 447) says: "This Tew appeared to me not only a
man of courage and activity, but of the greatest sence and remembrance
of what he had seen, of any seaman I had mett. He was allso what they
call a very pleasant man; soe that at some times when the labours of
my day were over it was some divertisement as well as information to
me, to heare him talke. I wish'd in my mind to make him a sober man,
and in particular to reclaime him from a vile habit of swearing. I
gave him a booke to that purpose." But it appears from paragraph 9 of
our no. 68 that Tew was killed, in the act of piracy, within the year
of the issue of his commission, and it is impossible to say how far
the reformation of his speech had progressed.]

[Footnote 16a: Mocha lies inside the straits, on the Arabian side of
the Red Sea.]

[Footnote 17: This.]

[Footnote 18: Probably Cape Diu.]

[Footnote 19: Off the northeast coast. A celebrated resort of pirates;
see Capt. Adam Baldridge's deposition, no. 68, _post_.]

[Footnote 20: Cayenne, French Guiana. The editor remembers that old
New England people, in his boyhood, still pronounced the name Ky-ann.]

[Footnote 21: Now Réunion, then called by the French (to whom it
belonged) Bourbon, or Mascaregne, from the Portuguese commander Pedro
Mascarenhas, who discovered it in 1512.]

[Footnote 22: Eleuthera.]

[Footnote 23: Governor of the Bahama Islands from 1693 to 1696, when
he was removed because of his suspicious dealings with the pirates. He
was a cousin of that Chief-Justice Nicholas Trott (1668-1740) who was
so great a power in South Carolina, and who in 1718 sentenced Stede
Bonnet's company with such severity. See the next document.]

Captain Every alias Bridgman and this Informant landed at
Dumfaneky[24] in the North of Ireland towards the latter end of June
last, where this Informant parted with Captain Every and heard he went
over for Donaghedy in Scotland.[25] when this Informant was at Dublin
he heard Every was there, but did not see him. he heard him say he
would goe to Exeter when he came into England, being a Plymouth man.

[Footnote 24: Dunfanaghy, co. Donegal, on the north coast of Ireland.]

[Footnote 25: Probably an error for "from Donaghedy to Scotland".
Dunaghadee is in Ireland, co. Down, at one of the points nearest to
Scotland.]

This Informant says that he parted with Captain Every at Esquire Rays,
within 6 miles of Dumfannaky; That the Land water[26] of that Port,
one Mawrice Cuttle, gave this Informant a Passe to goe to Dublin for
himselfe, 5 men more and 2 boyes, and came along with them to a place
called Lidderkenny,[27] and there he would have detained their money
but this Informant and another of the Company had liberty to goe to
Derry[28] to cleere themselves to Captain Hawkins, but by the way
Cuttle agreed with them to lett them goe for three pounds weight in
Gold, which they gave him at a place called St. Johnstons,[29] and
then they had liberty to goe on to Dublin.

[Footnote 26: Landwaiter.]

[Footnote 27: Letterkenny, co. Donegal.]

[Footnote 28: Londonderry.]

[Footnote 29: St. Johnstown, on the Foyle above Londonderry.]

This Informant heard likewise that the said Cuttle made an agreement
with the other men before he lett them goe but he cannot tell what
they gave him.

This Informant came from Dublin about 3 weekes agoe and landed at
Holyhead and soe to London, where he arrived on Tuesday last. the man
that came over with him was Thomas Johnson, who lives neare Chester,
and there he left him.

This Informant went to Rochester on Thursday last and was seized there
the next morning by meanes of a Maid, who found his Gold Quilted up in
his Jackett hanging with his coate. he was carryed before the Mayor,
who comitted him to Prison and kept his Jackett, in which and in his
pocketts were 1045 l. Zequins[30] and 10 Guineas, which the Mayor now
hath in his Custody.

[Footnote 30: A Venetian or Turkish gold coin, worth about nine
shillings.]

This informant sayes further that the wife of Adams, who was their
Quarter Master, came with them from the Island of Providence, that
shee was with Captain Every at Donoughedee and beleives they went over
together; as this Informant came to London hee saw this woman at St.
Albans, who was goeing into a stage Coach. She told this Informant
that shee was goeing to Captaine Bridgmans but would not tell him
where he was.

This Informant saith that the Sloope they came home in was given to
Joseph Faroe, Comander of the above mencioned _Portsmouth Adventure_,
and that he intended to returne in her to America. the vessell is
called the _Sea Flower_, about 50 Tuns and 4 Guns. This Informant
heard she was at Derry.

This Informant sayes that the other Sloop, which Captaine Richy came
over in, landed somewhere neare Galloway.[31] hee saw some of the men
att Dublin. And this Informant beleives that most of the men which
came with Captaine Every to Ireland are now in Dublin.

[Footnote 31: Galway.]


_64. Affidavit of Philip Middleton. November 11, 1696._[1]

[Footnote 1: Public Record Office, C.O. 5:1257, no. 47 I. Besides this
examination before the London magistrate, Middleton had made a
statement, Aug. 4, 1696, to the lords justices of Ireland, fully
summarized in _Cal. St. Pap. Col._, 1696-1697, pp. 260-262; it nearly
duplicates that of John Dann, our no. 63, _supra_. Note also the
affidavit of John Elston of New Jersey, another of the crew, in _N.J.
Archives_, first series, II. 223-226.]

Phillip Midleton of London, Mariner, of competent age, deposeth and
saith upon his Corporall Oath That he, this Deponent, did serve on
board the ship _Charles_ alias _Fancy_ under the command of Henry
Every alias Bridgeman in the month of Aprill last, when she arrived at
an Island near Providence in America, from whence a Letter was writ to
Mr. Nicholas Trott, Governour of Providence, which Letter this
Deponent saw and heard it read, and declareth That the Contents were,
That, provided he would give them liberty to come on Shoar and depart
when they pleased (or words to this purpose), they promised to give
the said Governour twenty Peices of Eight and two Peices of Gold a Man
and the said Ship, and all that was in her. But this Deponent
remembers not the least threatning expression in the said Letter nor
did he hear such like words from any of the Ships Crew, onely some of
them said that if they were not admitted to come to Providence they
would go some where else, and further deposeth That Mr. Governour
Trott returned answer to the aforesaid Letter in writeing in very
civill termes, assuring Captain Every That he and his Company should
be wellcome (or words to this purpose), which said assurance was made
good to them by Governour Trott after their arrivall at Providence as
effectually as they could desire.[2] This Deponent likewise deposeth,
That upon receipt of Mr. Governour Trotts Letter, or in a little space
of time after, a Collection was made afore the Mast (at which this
Deponent was present) for him the said Governour Trott, to which
Captain Every contributed 40 Peices of Eight and four Peices of Gold
and every Sailer (being one hundred men besides Boyes) twenty Peices
of Eight and two Peices of Gold a man, which sum being collected were
sent to Mr. Governour Trott by Robert Chinton, Henry Adams, and two
more, whose names this Deponent doth not call to mind, after which the
said Captain Every and his Crew sailed in the said ship _Charles_ for
Providence, where at their arrivall they delivered up the said ship
with what was in her to the said Governour Trott, and accordingly
Major Trott took possession of her in the said Governours name and
afterwards left her in the custody of the Governours Boatswain and a
few Negroes, whose incapacity or number were not sufficient to secure
the ship from hurtfull accidents, as this Deponent believes and also
was informed, the which was made evident by the ships comeing a shoar
about two dayes after Governour Trott was possessed of her, though she
had two Anchors at her Bow and one in the hold, at least she had so
many Anchors when this Deponent and the rest of the Company quitted
the said ship to Mr. Trott. This Deponent also deposeth That so soon
as Mr. Trott was in possession of the said ship he sent Boats to bring
a shoar the Elephants teeth, the sails, Blocks, etc., that was
valuable in the said Ship, And further saith That he saw severall
Boats Land which were filled with the aforesaid Commodityes and
stores, and that he hath heard severall of the Ship _Charles's_ Crew
say and affirm (and which this Deponent also doth believe and partly
know) that at the said Ship's arrivall at Providence she had on board
fifty Tons of Elephants teeth, forty six Guns mounted, one hundred
Barrells of Gunpowder or thereabouts, severall Chests of Buccanneer
Guns, besides the small Armes which were for the Ships use, the number
of which doth not occur to his mind. He further deposeth to the best
of his knowledge and Information the said ship was firm and tight, for
whereas he went down into her Hold the same day she arrived at
Providence he then could not perceive she made the least water. And
further saith that the said Ship came a shoar as aforesaid two dayes
after Mr. Trott was possessed of her, he first having taken out of her
what was most considerable. this misfortune of the ship happened about
noon in the said Governour's sight, as this Deponent (who was an Eye
Witness) well knowes. he likewise declares That one named James
Browne, with severall others of Providence and also severall that had
been of the Ships Crew, upon this occasion profered themselves to
undertake weighing her with Casks, But this Deponent never heard that
the offers aforesaid were accepted, nor that any means was used to get
her off, nor that Governour Trott had any consideration besides that
of getting on Shoar what still remained on board. This Deponent also
saith That it was generally reported at Providence the Ship was run on
Shoar designedly. And this Deponent saith That he left Providence when
Captain Every did and that the Sloop in which they went was the last
Vessell that carryed from Providence any considerable number of the
ship _Charles's_ men and that this Deponent was informed a Packet was
sent by Hollandsworths Sloop, which sailed before that in which this
Deponent was, in which also he knowes there was another Packet sent,
which this Deponent saw and believes 't was from Governour Trott but
knowes not to whom they were directed. He further deposeth That
neither while he was at Providence nor afterwards he knew or heard
that the said ship _Charles_ was bilged, but he remembers that Joseph
Dawson, who had been Quarter-Master by Captain Every, was sent on
board her just before his departure to fetch some Cask for the use of
his Sloop, which Dawson brought on Shoar and then in this Deponents
hearing declared That the said ship was not bilged, the water in her
being black and stinking and the Cask being wedged in the Ballast. if
the Ship had been bilged she would have been full of water whereby he
could not have gotten the Cask out. And this Deponent alwaies
understood That Sir James Houblon and Company of London owned the said
Ship and verily believes Governour Trott knew as much. The said
Deponent further deposeth That John Dan, John Sparks and Joseph Dawson
arrived in Ireland in Captain Everys Sloop in the Company of this
Deponent, which said Sloop departed from Providence about the
beginning of last June, and Hollandsworths Sloop about fourteen dayes
or three weeks before.

[Footnote 2: In his defence, _Cal. St. Pap. Col._, 1697-1698, p. 506,
Governor Trott declares that there were but 60 men resident at New
Providence (Nassau) as against 113 (whites) of Every's men. See also
_Acts of the Privy Council, Colonial_, VI. 3.]

A copy of Phillip Middleton's Affidavit made before Sir John Houblon,
Knight,[3] the 11th of November last, examined in London this 30th day
of January anno 1696/7.

[Footnote 3: Governor of the Bank of England, and lord mayor of London
in the earlier part of that year. The owner of the _Charles_ was his
brother.]


_65. Deposition of Samuel Perkins. August 25, 1698._[1]

[Footnote 1: Public Record Office, C.O. 323:2, no. 131. It is endorsed
"Copy of a Deposition of Samuel Perkins relating to Pirates in the
East Indies Communicated to the Board [of Trade] by Mr. Secretary
Vernon" (secretary of state). Samuel Perkins of Ipswich,
Massachusetts, had been one of that town's contingent in King Philip's
War, and died in Ipswich, an old man, in 1738.]

The Examination of Samuel Perkins, of Ipswich in New England, taken
upon oath before me Ralph Marshall Esquire, one of his Majesties
Justices of the Peace for the County of Middlesex and Citty and
Liberty of Westminster, this 25th day of August Anno Domini 1698.

This Informant upon his Oath saith, That about 5 years since he went
aboard the ship _Resolution_, Captain Robert Glover an Irishman
Commander, (who had 18 Guns and 60 men), to see his Uncle Elisha
Skilling, who was Boatswain of the said Ship but is since Dead, who
detained him in the said Ship together with a French Maletto[2] Boy,
which ship sailed from New England in the night to the Isle of May,
where they took in Salt, and thence sailed to Cape Coast in
Guinnea,[3] where a Dutch man of War took 11 men from them, but
returned 9 of them again, keeping the other two as Hostages, in case
they meddled with any Dutchmen. From thence they sailed to Cape Lopaz
and so to Madagascar, where they victualled and cleaned, and thence
sailed into the Red Sea, where they lay waiting for some India ships,
but missing them went to an Island called Succatore[4] in the Mouth of
the red Sea, where they bought Provisions and so went to Rajapore,[5]
where they took a small Muscat man with 12 Guns laden with Dates and
Rice, in the Harbour; in taking whereof they killed some of her men,
and sent the Muscatt man by Captain Glover (with whom the rest of the
_Resolutions_ Crew had a quarrell)[6] to Madagascar, and then chose
one Richard Shivers a Dutchman for their Commander, and then sailed to
Mangelore,[7] where they took a small ship belonging to the Moors,
laden with Rice and Fish, some of which they Plundered and then let
her goe. from thence they went to Callicut,[8] where they took 4 ships
belonging to the Moors at Anchor in the Road, and sent ashore to know
if the Country would Ransome them. But there being a design among the
Countrey people to retake their own ship and the said ship
_Resolution_, with some Grabbs[9] or Boats sent off, They fired two of
the said Prizes and run away and left them. Thence they went to Cape
Comarine, to cruise for Malocca[10] men, but mist them, and took a
Danish ship, out of which they took two men by force and five more
came voluntarily aboard, and left the rest aboard the sloop, having
first taken severall Piggs of Lead, fire arms, and Gun Powder out of
her. from thence they went to the Island Mauretious,[11] where they
took in Provisions and so to St. Marys Island near Madagascar, where
they met with Captain Hoare an Irishman (since Dead) who was commander
of the _John and Rebecca_,[12] a Pyrate of about 200 Tuns, 14 Guns,
belonging to the Road Island, who had with her a Prize (a pritty large
ship) belonging to the Mogulls subjects at Suratt, which he had taken
at the Gulph of Persia, laden with Bale Goods. there was there also a
Brigantine belonging to New York, which came to fetch Negroes, and the
hulk of the said ship which Captain Glover carried thither.

[Footnote 2: Mulatto.]

[Footnote 3: Cape Coast Castle, on the Gold Coast.]

[Footnote 4: Sokotra.]

[Footnote 5: Rajpur, a few miles south of Bombay.]

[Footnote 6: See paragraph 10 in Capt. Adam Baldridge's deposition,
no. 68, _infra_.]

[Footnote 7: Further south, on the Canara coast.]

[Footnote 8: Still further south, on the Malabar coast; still on the
west coast of Hindustan, of which Cape Comorin, below, is the
southernmost point.]

[Footnote 9: Arabic _gurab_, a large coasting-vessel.]

[Footnote 10: Malacca.]

[Footnote 11: Mauritius, then a Dutch island.]

[Footnote 12: See paragraphs 12, 13, in Capt. Adam Baldridge's
deposition, no. 68, _infra_. Governor Fletcher of New York, July 16,
1695, had given Hoar a commission as a privateer to cruise against the
French in the _John and Rebecca_. Glover and Hoar were brothers-in-law.
_Cal. St. P. Col._, 1697-1698, p. 108.]

The Island St. Maries is a pritty large Island, well inhabited by
black people, where one Captain Baldridge[13] (who, as he was
informed, had formerly killed a man in Jamaica, and thereupon turned
Pirate about 13 years agoe) had built a platforme of a Fort with 22
Guns, which was destroyed, together with Captain Glover and the rest
of the Pyrats there, whilst this Informant was at Madagascar about
nine months agoe, by the Blacks, who also killed 7 English men and 4
French men in the house where this Informant was at Madagascar,
sparing only himself.

[Footnote 13: See document no. 68, _post_.]

There was then also a party of English in another part of the Island
of Madagascar, who defended themselves against the Blacks on an Island
in a River there, having some of the blacks on their side, till
Captain Baldredge, who was then absent with the said Brigantine (which
he had bought and sailed in her to Mascarine,[14] an Island belonging
to the French, where he went to sell Prize Goods) returned, and took
them off, carryed them to St. Augustines Bay,[15] they paying
considerably for their Transportation. This Informant further saith
that, before this happened, he run away from the _Resolution_ and
remained on the Island of Madagascar as aforesaid, the said ship being
gone, as he was told, to the Streights of Mallacca, which is about
Tenn months since; That he this Informant was redeemed for a parcell
of Gun Powder by those who defended themselves as aforesaid, and went
with them aboard the Briggantine, who went first to St. Augustines Bay
to putt some men ashore (who had not money to pay for their further
passage) and thence sailed to St. Helena, where they arrived about six
months agoe, pretending there to be a trading ship belonging to New
York, upon which they got water and Provisions.[16] But this Informant
run away from the said ship at St. Hellena and concealed himself in
the Island till she was gone (who stayed there about 7 or 8 days) and
continued there about 3 months till the arrivall of the _Sampson_
there from the East Indies, aboard of which ship he came for England
with the consent of the Governor of St. Helena.

[Footnote 14: See document no. 63, note 21.]

[Footnote 15: On the southwest coast of Madagascar.]

[Footnote 16: St. Helena was then already an English island, with
about a thousand inhabitants.]

This informant farther saith That he had heard upon Madagascar, That a
little before his arrivall there That 14 of the Pyrates (belonging to
Captain Tew, Captain Rayner, and Captain Mason and Captain Coats or
some of them)[17] had by consent divided themselves into two sevens,
to fight for what they had (thinking they had not made a voyage
sufficient for so many) and that one of the said Sevens were all
killed, and five of the other, so that the two which survived enjoyed
the whole Booty. And this Informant further saith, that he hath heard
and believeth, that not only the ship _Resolution_ to which he
formerly belonged, but also the _Mocha_ Friggat,[18] which run away
out of the service of the East India Company, the _Charles and Mary_,
and severall other ships manned by English and other European Nations,
were about nine months since, when he came from Madagascar, and still
are playing the Pyrates in the Streights of Mallaca, in the Red Sea
and other Parts in the East Indies.

SAMUELL PERKINS.

Juratus coram me[19]
  RA. MARSHALL.

[Footnote 17: All these figure in the accusations against Fletcher in
_N.Y. Col. Doc._, IV.]

[Footnote 18: The _Mocha_ appears also in the Kidd narratives, and
continued her career of piracy till 1699, at least.]

[Footnote 19: _I.e._, sworn before me.]


_66. Certificate for John Devin (Bahamas). September (?) 20, 1698._[1]

[Footnote 1: Suffolk Court Files, Boston, no. 3765, paper 2. We find
John Devine settled as a chirurgeon in Boston in 1704. _N.E. Hist.
Gen. Reg._, XXXVI. 309.]

New Providence SS.

Whereas in the month of Aprill in the year of our Lord God one
Thousand Six hundred and ninety six Capt. Henry Every als Bridgeman
came into the Harbor of new Providence with the Shipp _Charles_ als
_Fancy_, which said Capt. Every and his Shipps Crew were few days
after their arrivall thought and supposed to be by the Major Part of
the Island of Providence to be guilty of piracy upon the open Seas,
And that the with in mentioned John Devin was one of the Ships
Company, and was lately apprehended and taken as one of the said
Pirates in order to be brought to his Tryall, which was accordingly
done the 22d of this Instant August, and the Bill being presented
against the within mentioned John Devin to the Gran Jury, which sd
Grand Jury found the Bill, and afterwards the sd John Devin was
brought to the Court, and holding up his hand was arraigned; The Petty
Jury being sworne, the Attorney Gen'll opening the matter to the Court
and Jury against the sd John Devin, The Petty Jury returning to the
Court found the within mentioned John Devin not Guilty, upon which the
sd John Devin was cleared by proclomation, as by the publick Entrys
doth and may more at large appear:

Whereupon and upon the humble Requestt to me made by the sd John
Devin, I, Ellis Lightwood Esq., Chief Judge, have thought fitt to
certifie this under my hand, and ordered the publick Seale of this
Goverment to be hereunto affixed as a Testimony of his the sd John
Devins Innocency relating to the supposed piracy of Capt. Every als
Bridgeman in the ship _Charles_ als _Fancy_.

ELLIS LIGHTWOOD

[September (?)] the 20th Anno Dom 1698
[   _blank_   ] LEIGHTON per Dom. Regem.
  Coppy examined by ELISHA COOKE, Clerk.[2]

[Footnote 2: Elisha Cooke the younger, clerk of the superior court of
Massachusetts from 1702 to 1718.]


_67. Certificate for John Devin (Massachusetts). October 25, 1698._[1]

[Footnote 1: Suffolk Court Files, Boston, no. 3765, paper 1.]

New England. Anno Rs. Gulielmi 3d Decim.[2]

[Footnote 2: _I.e._, _anno decimo Regis Gulielmi Tertii_, "in the
tenth year of King William III."]

At a Court of assize and General Goal Delivery holden at Boston for
the County of Suffolk, within his Maj'ties Province of the
Massachusetts Bay in New England, upon the 25th Day of Octo'r 1698.

John Devin, Chyrurgion, bound over by Recogniscance unto this Court,
to answer what should be objected ag'st him on his Maj'ties behalf as
being one of the Company belonging to the Ship _Charles_ al's
_Fancey_, Henry Every al's Bridgeman Command'r, at the time when
several acts of Piracy were committed by the sd Every al's Bridgeman
and Company in the aforesd Ship, upon the high Seas of India and
Persia, and for aiding and assisting in the sd Piracys and shareing in
the Plunder so piratically taken.

The sd Jno. Devin, being called, appeared and produced a Certificate
und'r the hand of Ellis Lightwood Esq., chief Judge of the Island of
Providence, and the Public Seal of the Government there, Importing
that the sd Devin had lately been indicted, arraigned and tryed for
the same matters and Facts (whereof he is now inquired) In the Kings
Court within the sd Island of Providence and found not guilty by the
Jury, and clear'd by Proclamation, which afore cited Certificate being
read and other the proceedings in the case in the sd Court at
Providence, Proclamation was made, and nothing of further charge or
Evidence appearing against the sd Jno. Devin, he was openly acquitted.
Which at Request of sd Devin and by ord'r of his Maj'ties Justices of
Assize etc. is hereby Certified under the Seal of the sd Court. Dated
at Boston the Second day of November, Anno predict.[3]

[Footnote 3: _I.e._, _anno predicto_, "in the year aforesaid".]


_68. Deposition of Adam Baldridge. May 5, 1699._[1]

[Footnote 1: Public Record Office, C.O. 5:1042, no. 30 II. An
endorsement shows that it was sent to the Lords of Trade with
Bellomont's letter of May 15, 1699, which is printed in _N.Y. Col.
Doc._, IV. 518-526. Capt. Adam Baldridge, as will be seen from some of
the preceding narratives, had kept a rendezvous for pirates at St.
Mary's Island, but he had now settled down as a respectable citizen of
New York. Bellomont thought well of him at first (he "appears to be a
sober man and reported wealthy"), but was warned by the Board of Trade
of his connection with piracy, and later (note 19, _post_) had fuller
information from Kidd. _Ibid._, IV. 333, 552.]

1. July the 17th 1690. I, Adam Baldridge, arrived at the Island of St.
Maries in the ship _fortune_, Richard Conyers Commander, and on the
7th of January 1690/1 I left the ship, being minded to settle among
the Negros at St. Maries with two men more, but the ship went to Port
Dolphin[2] and was Cast away, April the 15th 1691, and halfe the men
drownded and halfe saved their lives and got a shore, but I continued
with the Negros at St. Maries and went to War with them. before my
goeing to War one of the men dyed that went a shore with me, and the
other being discouraged went on board againe and none continued with
me but my Prentice John King. March the 9th they sailed for Bonnovolo
on Madagascar, 16 Leagues from St. Maries, where they stopt to take in
Rice. after I went to war six men more left the Ship, whereof two of
them dyed about three weeks after they went ashore and the rest dyed
since. In May 91 I returned from War and brought 70 head of Cattel and
some slaves. then I had a house built and settled upon St. Maries,
where great store of Negros resorted to me from the Island Madagascar
and settled the Island St. Maries, where I lived quietly with them,
helping them to redeem their Wives and Children that were taken before
my coming to St. Maries by other Negros to the northward of us about
60 Leagues.

[Footnote 2: Fort Dauphin, at the southeast point of Madagascar, built
by the French.]

2. October 13, 1691. Arrived the _Batchelors delight_, Captain Georg
Raynor[3] Commander, Burden 180 Tons or there abouts, 14 Guns, 70 or
80 men, that had made a voyage into the Red Seas and taken a ship
belonging to the Moors, as the men did report, where they took as much
money as made the whole share run about 1100 l. a man. they Careened
at St. Maries, and while they Careened I supplyed them with Cattel for
their present spending and they gave me for my Cattel a quantity of
Beads, five great Guns for a fortification, some powder and shott, and
six Barrells of flower, about 70 barrs of Iron. the ship belonged to
Jamaica and set saile from St. Maries November the 4th 1691, bound for
Port Dolphin on Madagascar to take in their provision, and December 91
they set saile from Port Dolphin bound for America, where I have heard
since they arrived at Carolina and Complyed with the owners, giveing
them for Ruin of the Ship three thousand pounds, as I have heard
since.

[Footnote 3: Josiah Rayner was associated with Tew, later with Every;
Fletcher had, for a bribe, it was said, released his chest of treasure
brought to New York.]

3. October 14th 1692. Arrived the _Nassaw_, Captain Edward Coats
Commander, Burden 170 Ton or there about, 16 Guns, 70 men, whereof
about 30 of the men stayed at Madagascar, being most of them concerned
in taking the Hack boat at the Isle of May Colonel Shrymton over
[owner?], the said Hack boat was lost at St. Augustin. Captain Coats
Careened at St. Maries, and whilst careening I supplyed them with
Cattel for their present spending, and the Negros with fowls, Rice and
Yams, and for the Cattel I had two Chists and one Jarr of powder, six
great guns and a Quantity of great Shott, some spicks[4] and nails,
five Bolts of Duck and some Twine, a hogshead of flower. the ship most
of her belonged to the Company, as they said. Captain Coats set saile
from St. Maries in November 92, bound for Port Dolphin on Madagascar,
and victualed there and in December set saile for New-York. Captain
Coats made about 500 l. a man in the red Seas.[5]

[Footnote 4: Spikes.]

[Footnote 5: In April, 1693, this Coats, in a ship now called the
_Jacob_, anchored near the east end of Long Island, and sent men to
bargain with Governor Fletcher for permission to enter and for
protection. They promised the governor £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 severall
sorts of goods. She had two Cargos in her, one Consigned to said
Master to dispose of, and one to me, containing as followeth: 44 paire
of shooes and pumps, 6 Dozen of worsted and threed stockens, 3 dozen
of speckled shirts and Breaches, 12 hatts, some Carpenters Tools, 5
Barrells of Rum, four Quarter Caskes of Madera Wine, ten Cases of
Spirits, Two old Stills full of hols, one worme, Two Grindstones, Two
Cross Sawes and one Whip saw, three Jarrs of oyle, two small Iron
Potts, three Barrells of Cannon powder, some books, Catechisms,
primers and horne books, two Bibles, and some garden Seeds, three
Dozen of howes,[7] and I returned for the said goods 1100 pieces 8/8
and Dollers, 34 Slaves, 15 head of Cattel, 57 barrs of Iron. October
the 5th he set sail from St. Maries, after having sold parte of his
Cargo to the White men upon Madagascar, to Mauratan to take in Slaves.

[Footnote 6: Frederick Philipse (1626-1702), the richest trader in New
York, but perhaps not the most scrupulous; see Henry C. Murphy, in his
edition of the _Journal of a Voyage to New York in 1679-80_ of Jasper
Danckaerts, pp. 362-365. The ship in which the two Labadist
missionaries, Danckaerts and Sluyter, came to America was also named
_Charles_ and owned by Philipse. It was in this year 1693 that
Governor Fletcher instituted for him the Philipse Manor. Mary
Philipse, who won the affections of young Major George Washington, was
his great-granddaughter. It was said that Baldridge's establishment in
Madagascar was sustained by Philipse's capital, to obtain for the
latter a share in the profits of piracy. _Cal. St. P. Col._,
1697-1698, p. 108.]

[Footnote 7: Hoes.]

5. October 19, 1693. Arrived the ship _Amity_, Captain Thomas Tew
Commander,[8] Burden 70 Tons, 8 Guns, 60 men, haveing taken a Ship in
the Red Seas that did belong to the Moors, as the men did report, they
took as much money in her as made the whole share run 1200 l. a man.
they Careened at St. Maries and had some cattel from me, but for their
victualing and Sea Store they bought from the Negros. I sold Captain
Tew and his Company some of the goods brought in the _Charles_ from
New York. the Sloop belonged most of her to Bermudas. Captain Tew set
saile from St. Maries December the 23d 1693, bound for America.

[Footnote 8: See doc. no. 63, note 16, _ante_.]

6. August, 1695. Arrived the _Charming Mary_ from Barbados, Captain
Richard Glover Commander,[9] Mr. John Beckford marchant and part
owner. the most of the ship belonged to Barbados, the Owners Colonel
Russel, Judge Coats, and the Nisames [?]. She was burden about 200
Tons, 16 Guns, 80 men. she had severall sort of goods on board. I
bought the most of them. She careened at St. Maries and in October she
set saile from St. Maries for Madagascar to take in Rice and Slaves.

[Footnote 9: See doc. no. 65.]

7. August 1695. Arrived the ship _Katherine_ from New York, Captain
Tho. Mostyn Commander and Super Cargo,[10] Mr. Fred. Phillips Owner,
the Ship Burden about 160 Tons, noe Guns, near 20 men. She had
severall sorts of goods in her. she sold the most to the White men
upon Madagascar, where he had Careened. he set saile from St. Maries
for Mauratan on Madagascar to take in his Rice and Slaves.

[Footnote 10: Another of those commissioned by Fletcher. Having no
guns, the vessel must have been intended for illegal trade rather than
for warfare.]

8. December 7th 1695. Arrived the Ship _Susanna_, Captain Thomas
Weak[11] Commander, burden about 100 Tons, 10 Guns, 70 men. they
fitted out from Boston and Rhoad Island and had been in the Red seas
but made noe voyage by reason they mist the moors fleet. they Careened
at St. Maries and I sold them part of the goods bought of Mr. John
Beckford out of the _Charming Mary_ and spaired them some Cattel, but
for the most part they were supplyed by the Negros. they stayed at St.
Maries till the middle of April, where the Captain and Master and most
of his men dyed. the rest of the men that were left alive after the
Sickness Carried the Ship to St. Augustin, where they left her and
went In Captain Hore for the Red Sea.

[Footnote 11: Or Wake.]

9. December 11th 1695. Arrived the Sloop _Amity_, haveing no Captain,
her former Captain Thomas Tew being killed by a great Shott from a
Moors ship,[12] John Yarland master, Burden seventy Ton, 8 Guns, as
before described, and about 60 men. They stayed but five dayes at St.
Maries and set saile to seek the _Charming Mary_ and they met her at
Mauratan on Madagascar and took her, giveing Captain Glover the Sloop
to carry him and his men home and all that he had, keeping nothing but
the ship. they made a new Commander after they had taken the ship, one
Captain Bobbington. after they had taken the ship they went into St.
Augustine Bay and there fitted the ship and went into the Indies to
make a voyage and I have heard since that they were trapaned and taken
by the Moors.

[Footnote 12: See doc. no. 63, note 16, _ante_.]

10. December 29 1695. Arrived a Moors Ship, taken by the _Resolution_
and given to Captain Robert Glover and 24 of his men that was not
willing to goe a privateering upon the Coasts of Indies, to carrie
them away. the Company turned Captain Glover and these 24 men out of
the Ship, Captain Glover being parte Owner and Commander of the same
and Confined prisoner by his Company upon the Coast of Guinea by
reason he would not consent to goe about the Cape of good hope into
the Red Sea. the ship was old and would hardly swim with them to St.
Maries. when they arrived there they applyed themselves to me. I
maintained them in my house with provision till June, that shiping
arrived for to carry them home.

11. January 17th 1696/7. Arrived the Brigantine _Amity_, that was
Captain Tew's Sloop from Barbadoes and fitted into a Brigantine by the
Owners of the _Charming Mary_ at Barbados, Captain Richard Glover
Commander and Super Cargo. the Brigantine discribed when a Sloop. She
was laden with severall sorts of goods, part whereof I bought and part
sold to the White men upon Madagascar, and parte to Captain Hore and
his Company. the Brigantine taken afterwards by the _Resolution_ at
St. Maries.

12. February the 13th 1696/7. Arrived Captain John Hor's Prize from
the Gulph of Persia and three or four dayes after arrived Captain
Hore[13] in the _John and Rebeckah_, Burden about 180 Tons, 20 Guns,
100 men in ship and prize. The Prize about 300 Ton Laden with
Callicoes. I sold some of the goods bought of Glover to Captain Hore
and his Company as likewise the white men that lived upon Madagascar
and Captain Richard Glover.

[Footnote 13: See doc. no. 65, note 17.]

13. June the ---- 1697. Arrived the _Resolution_, Captain Shivers
Commander, Burden near 200 Tons, 90 men, 20 Guns, formerly the ship
belonged to Captain Robert Glover but the Company took her from him
and turned him and 24 more of his men out of her by reason they were
not willing to goe a privateering into the East Indies.[14] they met
with a Mosoune[15] at sea and lost all their masts and put into
Madagascar about 10 Leagues to the Northward off St. Maries and there
masted and fitted their ship, and while they lay there they took the
Brigantine _Amity_ for her watter Casks, Sailes and Rigeing and Masts,
and turned the Hull a drift upon a Rife.[16] Captain Glover promised
to forgive them what was past if they would Let him have his ship
again and goe home to America, but they would not except he would goe
into the East Indies with them. September the 25th 97 they set saile
to the Indies.

[Footnote 14: See doc. no. 65.]

[Footnote 15: Monsoon.]

[Footnote 16: Reef.]

14. June 1697. Arrived the ship _Fortune_ from New York, Captain
Thomas Mostyn Commander, and Robert Allison Super Cargo, the Ship
Burden 150 Tons or there abouts, 8 Guns, near 20 men, haveing severall
sorts of goods aboard, and sold to Captain Hore and Company and to the
White men upon Madagascar.

15. June ---- 1697. Arrived a Ship from New York, Captain Cornelius
Jacobs Comander and Super Cargo, Mr. Fred. Phillips owner, Burden
about 150 Ton, 2 Guns, near 20 men, haveing severall sorts of goods a
board, and sold to Captain Hore and his Company and to the White men
on Madagascar, and four Barrells of Tar to me.[17]

[Footnote 17: When this ship came back, richly laden, Philipse sent
out a sloop to meet her, which off the New Jersey coast quietly
unloaded all of her cargo but the negroes, and sailed with it to
Hamburg. _Cal. St. P. Cal._, 1697-1698, p. 414.]

16. July the 1st 1697. Arrived the Brigantine _Swift_ from Boston, Mr.
Andrew Knott Master[18] and John Johnson Marchant and parte owner,
Burden about 40 Tons, 2 Guns, 10 men, haveing severall goods aboard.
Some sold to Captain Hore and Company the rest put a shore at St.
Maries and left there. A small time after her arrivall I bought three
Quarters of her and careened and went out to seek a Trade and to
settle a forraign Commers and Trade in severall places on Madagascar.
About 8 or 10 dayes after I went from St. Maries the Negros killed
about 30 White men upon Madagascar and St. Maries, and took all that
they or I had, Captain Mostyn and Captain Jacobs and Captain Hor's
Ship and Company being all there at the same time and set saile from
St. Maries October 1697 for Madagascar to take in their Slaves and
Rice. having made a firm Commerse with the Negros on Madagascar, at my
return I met with Captain Mostyn at sea, 60 Leagues of St. Maries. he
acquainted me with the Negros riseing and killing the White men. he
perswaded me to return back with him and not proceed any further, for
there was noe safe goeing to St. Maries. all my men being sick, after
good consideracion we agreed to return and goe for America.

[Footnote 18: In 1690 he had commanded a ship in Sir William Phips's
unsuccessful expedition against Quebec. For his connection with Kidd,
see _post_, doc. no. 85, note 7.]

The above mentioned men that were killed by the Natives were most of
them privateers that had been in the Red Seas and took severall ships
there, they were cheifly the occasion of the natives Riseing, by their
abuseing of the Natives and takeing their Cattel from them, and were
most of them to the best of my knowledge men that came in severall
Ships, as Captain Rainor, Captain Coats, Captain Tew, Captain Hore,
and the _Resolution_ and Captain Stevens.[19]

ADAM BALDRIDGE.

Sworne before me in New York
  5th of May 1699
  A.D. PEYSTER[20]

    A true copy
      BELLOMONT.

[Footnote 19: Such is Baldridge's tale of innocence, but Kidd told
Bellomont that "Baldridge was the occasion of that Insurrection of the
Natives and the death of the pirates, for that having inveigled a
great number of the natives of St. Maries, men, women and children, on
board a ship or ships he carryed and sold them for slaves to a French
Island called Mascarine or Mascaron, which treachery of Baldridges the
Natives on the Island revenged on those pirates by cutting their
throats."]

[Footnote 20: Abraham de Peyster, a member of the New York council and
an assistant judge of the supreme court.]

       *       *       *       *       *

_69. Warrant for Commissioning of Admiralty Judge. April 29, 1697._[1]

[Footnote 1: New York State Archives, Albany: Historical MSS., vol.
XLI., p. 60. The commissions of admiralty judges had originally been
issued on warrant from the Lord High Admiral. Since 1673, however,
except for two brief periods, the latter's duties have always been
performed by the "Lords Commissioners for executing the Office of Lord
High Admiral" (Admiralty Board, or Lords of the Admiralty). On April
29, 1697, the board consisted of the two distinguished admirals Sir
Edward Russell (created earl of Oxford eight days later) and Sir
George Rooke, Sir John Houblon, governor of the Bank of England, Col.
James Kendall, ex-governor of Barbados, and four others. The warrant
is not addressed to any governor by name; Bellomont was not
commissioned (as governor of New York, Massachusetts, and New
Hampshire) till June 18, 1697.]

By the Comiss'rs for Executing the Office of Lord high Admirall of
Engl'd. Irel'd. etc.

Whereas, in pursuance of His Ma'tis pleasure signified to Us by the
Rt. hon'ble Mr. Secretary Trumbull, Wee have appointed Mr. William
Smith to be Judge, Mr. John Tudor Register, Mr. Jarvis Marshall,
Marshall, and Mr. James Graham, Advocate of the Vice Admiralty of
New-Yorke, and Connuticutt, and East-Jersey:[2] You are therefore
hereby Empower'd and directed, to give unto them Commissions for their
said Employm'ts respectively; And in case of the death, or inabillity,
by sickness, or otherwise, of any of the said persons, You are to
appoint others in their roome: and Transmitt to Us the Names of such
persons as You do so appoint; Dated at the Admiralty Office this 29th
of April 1697.

[Footnote 2: William Smith was already chief-justice of the supreme
court of the province, and a member of the council. Jarvis Marshall
had been messenger of the council. James Graham was speaker of the
assembly, attorney-general, and recorder of the city of New York.]

To his Ma'tis Governour of        RUSSELL.
  New-Yorke and Connuticutt,      G. ROOKE.
  and East-Jersey/ for the time   JNO. HOUBLON.
  being.                          KENDALL.

By Command of their Lord'ps
  WM. BRIDGEMAN.

       *       *       *       *       *

_70. Proclamation of Lieut.-Gov. Stoughton. June 4, 1698._[1]

[Footnote 1: Mass. Archives, vol. 62, p. 253. William Stoughton,
lieutenant-governor of Massachusetts 1691-1701, acted as governor from
the departure of Governor Phips for England in 1694 to the arrival of
Governor Bellomont in the province, May 26, 1699. Bellomont in June,
1698, was in New York. In the period to which most of our documents
belong there was always an outburst of piracy after the conclusion of
a war, because multitudes of privateers found their occupation gone
when peace was proclaimed, and some of them were sure to turn to the
allied trade of piracy. The peace of Ryswyk, between France and Great
Britain, Spain, and Holland, Sept. 20, 1697, had had this effect at
the time of Stoughton's proclamation.]

William Stoughton Esqr., Lieutenant Governour and Commander in chief
in and over his Ma'tys Province of the Massachusetts Bay in New
England

To the Sheriff of the County of Suffolke, his Under Sheriff or Deputy
or Constables of the respective Towns within the sd County and to each
and every of them to whom these presents shall come, Greeting.

Whereas I am informed That sundry wicked and ill disposed persons,
suspected to have committed divers inhumane and hostile Acts and
depredations upon the Subjects and Allies of other Princes and States
in Forreign parts in Amity with his Ma'ty, are lately landed and set
on shore on or about Long Island, Rhode Island and parts adjacent,
having brought with them quantitys of Forreign Coynes, silver, Gold,
Bullion, Merchandize and other Treasure, Some of which persons
(unknown by name) may probably come into this his Ma'tys Province and
transport their moneys, Merchandize and Treasure hither,

These are therefore in his Ma'tys name strictly to command and require
you to make diligent search within your several Precincts for such
suspected persons, and to apprehend and seize every such person or
persons, his or their money, gold, bullion, Merchandize and Treasure,
and to bring the same before the next Justice of the Peace to be
examined and proceeded against as the Law directs. And you are to
require and take such a number of persons, with Armes or otherwise,
unto your Assistance as you shall think meet for the seizing and
apprehending such suspected person or persons aforesd. and carrying
him or them before the next Justice or Justices. And all his Ma'tys
subjects are required to be aiding and assisting unto you in the
Execution of this Warrant, as they will answer their refusal or
neglect at their peril. And hereof you or they may not faile. And make
return of this Warrant with your doings thereupon. Given under my hand
and seal at Armes at Boston the Fourth day of June 1698, In the tenth
year of his Ma'tys Reign.

WM. STOUGHTON.




CASE OF WILLIAM KIDD.


_71. Deposition of Benjamin Franks. October 20, 1697._[1]

[Footnote 1: Public Record Office, C.O. 323:2, no. 124 I. William
Kidd, the most famous pirate in American history, was a Scot, born in
Dundee in 1654. In 1689-1690, in command of a captured ship, he took a
creditable part in the attacks on Mariegalante and St. Martin's by
Captain Hewetson, who at Kidd's trial testified to his bravery; but a
few weeks later his men, ex-pirates apparently, ran away with his
ship. _Cal. St. P. Col._, 1689-1692, pp. 122, 226, 227; Hargrave,
_State Trials_, V. 326. In 1689 he settled in New York, where he seems
to have been well regarded; in the record of his marriage license, May
16, 1691 (_N.E. Hist. Gen. Reg._, VI. 63) he is styled "William Kidd,
Gentleman," and two days earlier the New York assembly (_Journal_, ed.
1764, I. 6, 13) voted him a gratuity of £150 for services in
connection with the arrival of Governor Sloughter. In 1695, Kidd being
then in England, Robert Livingston of New York arranged in London with
Lord Bellomont, who had been designated but not yet commissioned as a
governor in America, and with others, for a privateering voyage under
Kidd's command. Other sharetakers were Sir Edward Russell, first lord
of the admiralty, Sir John Somers, lord keeper of the great seal, the
Duke of Shrewsbury, secretary of state, and the Earl of Romney,
master-general of the ordnance; and the king himself was to receive
one-tenth of the profits of the cruise. Kidd's letter of marque, dated
Dec. 11, 1695, is in Hargrave's _State Trials_, V. 307. To it was
added, Jan. 26, 1696, _ibid._, 308, a commission to apprehend pirates.
Kidd sailed from England in April, 1696, in the _Adventure Galley_,
287 tons, 34 guns, 70 men. At New York he increased his crew to 155
men (there is a list of them in _Cal. St. Pap. Col._, 1700, p. 199),
and sailed thence in September for Madagascar and the East Indies.
Whether it was by his fault that the _Adventure Galley_ slipped from
privateering and the search for pirates into acts of piracy, or
whether, as Kidd alleged, his men forced his hand, has been doubted,
but it is probable that he shared the guilt. In the summer of 1698
complaints began to come in from India and from the East India
Company, and in November, 1698, orders were sent to the governors of
colonies in America to apprehend Kidd as a pirate whenever he should
appear. The ensuing papers, especially his own narrative and
Bellomont's letters, tell the story of his arrival and arrest. As
under Massachusetts law he could not be condemned to death for piracy,
he was, probably illegally, carried to England in the spring of 1700,
and there tried at the Old Bailey for the murder of one of his men and
for piracy. After an unfair trial and on insufficient evidence, he was
condemned, and was hanged at Execution Dock May 23, 1701.

As to Benjamin Franks, we learn from a deposition of William Cuthbert
(_Journal of the House of Commons_, XIII. 26) that two of Kidd's men
deserted him at Carwar because of his attempts and designs toward
piracy and his cruel conduct toward his men; Franks, Hebrew jeweller
of New York, was apparently one of the two. Apparently he was a Danish
subject; Westergaard, _Danish West Indies_, p. 110.]

The Deposition of Benjamin Franks aged about 47 years (who came out in
the _Adventure Gally_, a Privateer, Captain William Kid Comander)
Inhabitant of New York.

Declareth That having lived in Barbadoes and Jamaica and traded in
severall parts of the West Indies, meeting of late with great losses
of above £12,000 sterling by the Earthquake and Enemyes and through
misfortune, came to New York and there finding Captain Kid comeing out
with a full Power to the East Indies to take the Pyrates, which he
shewed me by the means of my Friends, so resolved to go with him to
the East Indies and to remain there at Surrat or any other place where
I could best follow my profession, being a Jeweller, for he told me he
would put into some of the said Parts. Wee sailed from New York the
6th September 1696 in Company with a Brigantine belonging to Bermudas,
bound to the Maderaes. there met with a Brigantine from Barbadoes
bound for England who had lost her Mast and Boltsprit, whom Captain
Kid assisted with a Mast, Riggin and Canvas, for which kindness [the]
Master gave him a few flour Barrells with Sugar. the same Brigantine
after she had what she wanted proceeded on her Voyage. And a day or
two after wee espyed a Ship whom Wee gave chase to three days and came
up with her, found her to be a Portuguez from Brazile bound to the
Maderaes. the Captain of the Portuguez pre[sen]ted Captain Kid with a
Roll of Brazile Tobacco and some Sugar, in lieu of which Captain Kid
sent him a Cheshire Cheese and a Barrell of White Bisket, but through
mistake of the Steward the Barrell thought to be Bisket proved to be
Cutt and Dry Tobacca. So Wee proceeded to Maderaes and saw the
Brigantine in safe that came under our Convoy. wee stayed there one
day. before wee departed from thence the Portuguez ship came in.
Thence wee went to Bona Vista,[2] took in some Salt, thence to St.
Jago, tooke in Water and some Provisions; from St. Jago wee steered
our course for Cape Bona Esperanza,[3] but before wee got to the
Latitude thereof Wee met with three English Men of War and a Fireship,
Captain Warren in the _Windso[r]_ Comodore,[4] Captain Acton in the
_Advice_,[5] the _Tyger_ and Fire Ship I do not know the Commanders
names. I was on board the Commodore when he told me that Kids
Commission was firm and good and that he would not molest or hinder
his proceedings for his puting his hands to his Ears, and discoursing
of severall other things of the Voyage amongst the rest the Commodore
told Kid he had lost a great many of his men and asked him to spare
him some, who answered that he would let him have 20 or 30, and about
a day or two after Kid went on board one of the Men of War again and
in the Evening came on board his own ship very much disguised with
drink and left the Men of War without sparing them the men he
promised. Some time after had sight of the Cape, did not put in but
went directly for Madagascar and imported at a place called
Talleer,[6] where took in some Water and provisions. after our being
there some time came a Sail in sight and came to an Anchor in
Augustine Bay, upon which wee weighed Anchor and came to her, the two
Ports being but a little way distant each from other. We found her to
be a Sloop from Barbadoes come to buy Negroes, after which Wee
returned to Talleer, our former Port, and the next day the Master of
the Sloop came on board Us being very ill when he came. a few dayes
after ordered the Sloop to come down to Talleer, and the same day she
came down the Owner and Merchant[7] dyed on board of us, and he that
succeeded him could by no Means agree with the Master of the Sloop but
continually a quarrelling and fighting. Our Captain did what he could
to make up the difference between them but to no purpose. So when wee
had done getting our provisions etc. on board Wee sailed for
Johanna,[8] and the Sloop followed us, and seeing two Ships gave them
Chase, found them to be both East India Men and so went in together in
Company to Johanna and two India Men came in after. Wee took in Some
Water and went to Mohilla[9] to clean our Ship. And this Sloop still
followed Us, but our Captain told him severall times to be gone and
agree amongst themselves, but they took no notice thereof, continuing
with Us all the time of our Stay here, being about 5 weeks, where
buryed severall of our Company but the just number I know not. when
Wee had been there about 5 weeks a Pinnace came on board of Us with
some Men, the quantity I know not, for being mortall sick, the
Merchant of the Sloop dyed there too. Wee returned from this place to
Johanna and the Sloop in our Company. Wee took in some more water and
some French Men, the quantity I know not for I was carryed a shoar
sick and lay a shoar all the time wee lay at Johanna. We sailed
thence, leaving the Sloop behind Us, directly for India and touched at
a place called Motta.[10] there was 5 Junks ashoar and at an Anchor
ditto place. our Captain wanted to take in some water, sending the
Pinnace ashoar for some, which the Natives refused, upon which our
Captain next morning sent both Boats with a matter of 40 Men or
thereabouts with Armes, as I heard lying very Sick of a Feaver, Ague
and Flux, and that he had bought two Cowes and some dates, and 2 dayes
after the People run away into the Mountains, as I heard. after they
run away the People sent a shoar, found India Corn and Garravances[11]
in great holes, and brought off likewise six of the Natives, of whom
four leaped overboard in the Night and swam ashoar. the other two gave
{3} Cowes and 2 sheep for their ransom, as I heard of the Seamen,
lying very ill. from thence wee went to the Babs[12] and there
anchored to wait for the Pyrates, as the Seamen said, but meeting with
none, sending the Pinnace out 3 or 4 times, as I heard of the Seamen,
but at Carwar ashoar I heard of the Seamen that they was to go to
Mocho.[13] after the Pinnace went with the Captain, Quarter-Master
came back and gave an account there was 17 Sail, which I heard of the
Seamen as I lay very ill. our Captain ordered two men ashoar on one of
the Babs. when the Fleet came in sight the Men waved the Jack.[14] the
whole Fleet came by the Babs on a Saturday in the evening in the month
of August, but the day of the month I do not remember. our Captain
weighed and stood amongst the Fleet, as I heard of the Seamen. the
next morning at break of day one of the Fleet began to fire at Us, as
I heard of the Seamen, which alarming the rest they all did the same.
there was one Ship which the Captain said was a Mallabar, pretty near
Us, as I heard of the Seamen. then our Captain ordered the People to
row up to him, being but little Wind, then the Mallabar fired at Us
and our Captain at him severall Guns. at last our Captain perceiving
an English and Dutch Colours did all he could to get away. the Captain
designed to go to the high Land off St. Johns.[15] meeting with a
small Vessell under English Colours he chased her and comanded the
Master to come on board and plundered the Ship. I hearing a great
noise asked what it was. they told me that our Folks beat the People
aboard of the little ship and against night I heard there was a
Portuguez. so doing my endeavour to creep up to speak to the Portuguez
and asked him what was the best news, he told me that he and the
Master was forced to stay on board of our Ship, and that he did belong
to Bombay, and that our Captain had taken out some Rice, Raisons and
old Cloths and some Money. I heard of the Seamen that our Captain had
Information of three ships that had gone out of Aden bound for
Callicut being off Carwar, and being in necessity for Wood and Water
put in there, at which time I made great intercession to the Captain
for leave to go ashoar, which at last I obtained by giving him a
Beaver Hat, for he was unwilling to let any go ashoar but whom he
thought he could trust, for fear they should run away for most of his
people seemed dissatisfyed and would I believe do as I have done in
making their Escape if had opportunity, for the Carpenter and his mate
with severall others does design to run away with the Pinnace. This I
do swear by the old Testament to the best of my knowledge and what I
have heard of the Seamen that all the above written is true.

BENJAMIN FRANKS.

Bombay the 20th October 1697.
  Sworn before me:

[Footnote 2: One of the Cape Verde Islands; Santiago is a larger
island of the same group, farther south.]

[Footnote 3: The Cape of Good Hope.]

[Footnote 4: Capt. Thomas Warren, R.N.]

[Footnote 5: Capt. Edward Acton, R.N.]

[Footnote 6: Tullear, near St. Augustine's Bay, on the southwest coast
of Madagascar.]

[Footnote 7: Supercargo.]

[Footnote 8: See document no. 63, note 11.]

[Footnote 9: Mohelli, another of the Comoro group.]

[Footnote 10: "Matta in the Red Sea," says William Jinkins of Bow, in
his deposition in _Commons Journal_, XIII. 24.]

[Footnote 11: Chick-peas.]

[Footnote 12: The straits of Bab-el-Mandeb.]

[Footnote 13: Mocha; see document no. 63, note 16a. Carwar is on the
west coast of Hindustan, some 350 miles south of Bombay.]

[Footnote 14: See document no. 33, note 15.]

[Footnote 15: Probably Diu, in northwest India.]


_72. The President and Council of the Leeward Islands to Secretary
Vernon. May 18, 1699._[1]

[Footnote 1: Public Record Office, C.O. 152:3, no. 21. This letter
conveyed to the British government its first knowledge of the return
of Captain Kidd to the western hemisphere. The Leeward Islands--Antigua,
Montserrat, Nevis, St. Christopher, the most important being
Nevis--constituted at this time one government, though with
subordinate administration in the several islands. The governor having
died, the council, of which William Burt was president, was acting as
governor till a new governor should arrive. Burt and the other signers
of this letter were all of Nevis. James Vernon, to whom the letter is
addressed, was secretary of state; he was the father of Admiral
Vernon, for whom Mount Vernon was named.]

_Right Honourable Sir_

Your Letter of the 23d of November last[2] in relacion to that
notorious Pirate Captain Kidd came safe to our hands, and shall take
particular care to put the same in execucion, and in order thereto
have sent copies thereof to the Lieutenant or Deputy Governor of each
respective Island under this Government; since which wee have had this
following account of the said Kidd (vizt.) That he lately came from
Mallagascoe in a large Gennouese vessell of about Foure hundred Tonns,
Thirty Guns mounted, and eighty men,[3] and in his way for these
partes his men mutinyed, and thirty of them lost theire Lives; That
his vessell is very Leaky; and that they are very much in want of
Provisions; And that severall of his men have deserted him soe that he
has not above five and twenty or thirty hands on board; about twenty
dayes since he touched at Anguilla, a small Island under this
Government, where he Tarryed about foure houres; but being refused
succour Sailed thence for the Island of St. Thomas (an Island
belonging to the Crowne of Denmarke)[4] and Anchored off that Harbour
three dayes, in which time he treated with them alsoe for releife; but
the Governor absolutely Denying him, he bore away farther to Leeward
(as it is beleived) for Porto Rico or Crabb Island;[5] upon which
advice wee forthwith ordered his Majesties Shipp _Queeneburrough_, now
attending this Government, Captain Rupert Billingsly Commander, to
make the best of his way after him; and in case he mett with him to
secure him with his men, vessell and effects, and bring them upp
hither, That no Imbezlement may be made, but that they may be secured
till wee have given you advice thereof, and his majesties pleasure
relateing thereto can be knowne. Wee shall by the first conveniencie
transmitt the like account of him to the Governor of Jamaica, soe that
if he goes farther to Leeward Due care may be taken to secure him
there; As for those men who have deserted him, wee have taken all
possible care to apprehend them, especially if they come within the
districts of this Government, and hope on returne of his majesties
Friggatt shall be able to give you a more ample account hereof.

Wee are with all due Respects

Right Honorable

Your most obedient humble servants

                 WM. BURT.
JNO. SMARGIN.    MICH. SMITH.
RICHD. ABBOTT.   DAN. SMITH.

NEVIS the 18th May 1699

[Footnote 2: Printed in the _Commons Journal_, XIII. 16. It was the
circular letter to colonial governors ordering them to apprehend
Kidd.]

[Footnote 3: The _Quedah Merchant_; see _post_. She is here spoken of
as Genoese, but other documents of the time speak of her as "Moorish
built."]

[Footnote 4: And now belonging to the United States. On Kidd at St.
Thomas, see document no. 83, _post._]

[Footnote 5: Now commonly called Vieques, a small island lying a few
miles east of Puerto Rico, and also now belonging to the United
States.]


_73. Examination of Edward Buckmaster. June 6, 1699._[1]

[Footnote 1: Oxford, Bodleian Library, Rawlinson MSS., A. 272, fol.
48; also in the Public Record Office, C.O. 5:1042, no. 40 XI. Edward
Buckmaster, "one of Shelley's men", was committed June 7, and broke
prison Aug. 25. _Cal. St. P. Col._, 1699, pp. 278, 401. A year later,
though he was supposed to be still alive, a rascally chaplain of the
fort at New York married his wife to Capt. Adam Baldridge of document
no. 68, obtaining a marriage license for "Adam Ball" and adding
"-dridge" afterward. _N.Y. Col. Doc._, IV. 333, 413, 766.]

Taken this 6 June 1699.

The Answer of Edward Buckmaster to severall questions put to him by
the Honorable John Nanfan, Esqr., Lieutenant Governor of this
province,[2] the said Buckmaster being sworne to answer all such
Questions as should be demanded of him.

[Footnote 2: Capt. John Nanfan, a cousin of Bellomont's wife, was
lieutenant-governor of New York under him, and administered the
province during Bellomont's absence in Massachusetts.]

Impr[imi]s. That the first land they made after they parted from this
port in the _Adventure Galley_, Capt. William Kidd Commander, was the
Island of Maderas, from whence they went directly to Madagascar, where
they staid about A month to victual and careen. That there were no
vessels at Madagascar when they came there. That they sailed from
thence to a small Island called Johanna, lying in the Latitude of 12
degrees south, and from thence to Mahela, Lying in the Latitude of 11
degrees south; that they staid at the said Johanna and Mahela two
Months where the Natives supplyed them with provisions. That there
were four East India ships belonging to the Company at the Island
Johanna at the same time they were there, the one called the _East
India Merchant_ the second the _Maderasse_, the third was a fly boat,
and the fourth he knows not the name of.

_Item._ That from thence they sailed along the shore of Magellona[3]
in the redd sea but saw no vessels till they came into the Latitude of
12 degrees north. That there they Met with several ships, some with
English, some with Dutch, and some with Moors Colours, with whom they
sailed in Company for Twenty five dayes but were not on board any of
them. That the name of the one was the _Scepter_,[4] which ship fired
a Gunn or Two At Capt. Kidds Galley.

[Footnote 3: Somaliland, probably.]

[Footnote 4: An English frigate. The events that follow are more fully
detailed in Kidd's narrative, document no. 76, _post_.]

_Item._ That they tooke a ship on the coast of Mallabar that had a
french pass, and French Master on board, with two Other white men, he
believes them Dutch men, the rest all Moors; she was about 200 Tuns,
made no resistance, and that they shared out of her four Bailes of
Callicoes each Man. That afterwards the _Adventure Galley_ sunck at
Saint Maries, and Kidd and Company went on board the prize.

_Item._ That Capt. Kidd had made no good voyage, having no money and
only 160 Bailes of Callicoes on board.

_Item._ That he the said Buckmaster Left the said Capt. Kidd the last
day of May 1698 and went on board the ship _Resolution_, Capt. Robert
Culliford Comander,[5] as a volunteer before the Mast, and went out
Cruising with him but tooke no vessel dureing the voyage though they
Continued Cruising from May to December. the said Culliford had forty
Gunns mounted and 120 men. he had been in those parts seven yeares on
the account.

[Footnote 5: Culliford was a noted pirate, who for a time commanded
the _Mocha_ frigate, which had been stolen from the East India
Company; and this _Resolution_ was the _Mocha_ renamed, not the
_Resolution_ of document no. 68, par. 13.]

_Item._ That he quitted the said Culliford the Middle of December last
and went on board the ship _Nasaw_, Giles Shelley Master,[6] that went
from New yorke to Madagascar to trade there (the said Buckmaster being
willing to come home to his family, the said Shelley being bound back
to New Yorke), that he gave the said Shelley 100 pieces of Eight for
his passage, which was the Comon rate and which sume he believes Fifty
more passengers that came from on board pyrate ships at Madagascar and
Saint Maries gave to the said Shelley, the said Shelley as he
believes well knowing what ships they had been in and what designe
they came from.

[Footnote 6: Shelley, fitted out from New York in 1698 by Stephen
Delancey and others, was suspected of piracy. In a letter of May 27,
1699, to Delancey, from Cape May, he speaks of bringing in 15,000
dollars of passage money. _Cal. St. P. Col._, 1699, p. 281. He had
lived in New York since 1688. See also doc. no. 85, note 17.]

_Item._ That the said Shelley sailed from the Island Saint Maries in
the East Indies to Chyan[7] where he stayd three or four dayes.

[Footnote 7: Cayenne, probably.]

_Item._ That five or six of the persons that belonged to Capt.
Culliford in the East Indies went on board Capt. Gravenreadt[8] out of
Shelleys ship, when she came on this coast at Cape May, which Cape
they made on Friday sevennight last.[9] Gravenreadts vessel lay about
two miles from Shelleys ship, but the said Gravenreadts came on board
shelleys ship, and believes made an agreemt. with the several men he
took on board with him for their passages to [_blank_]: Vizt. Robert
English, Jan Spons, Theophilus [_blank_][10] and two or three Others.
That John Elderige, ---- Stanton, and Doctor ---- Badwain[11] went on
shore at Cape May: they also came from on board Culliford.

[Footnote 8: Andreas Gravenraedt of New York. On this very day, June
6, Governor Blakiston of Maryland was seizing him and his ship in the
Severn River. _Cal. St. P. Col._, 1699, p. 287.]

[Footnote 9: May 26.]

[Footnote 10: Turner. He turned king's evidence. See the next
document.]

[Footnote 11: Kidd's physician was Robert Bradinham; he also turned
king's evidence.]

_Item._ That they came to Sandy Hook on Fryday last in the Evening,
that the said Edward Buckmaster, Paul Swan, Jonathan Evans and Otto
van Toyle went on shore at the west end of long Island on Saturday
last at seven of the Clock in the Evening, they also belonged to
Culliford; that he was at New Utrecht yesterday and came to New Yorke
last night. That he has been often in the hold of Shelleys ship
dureing the voyage but saw nothing but water Casks, and that he never
saw but four Gunns on the Deck since he was on board.

That one Capt. Shivers[12] came to saint Marys with a ship called the
_soldado_ of 40 Gunns while Shelley was there, which ship is run
ashore.

[Footnote 12: See document no. 68, par. 13.]

That he did not see the _Quedaw Merchant_ nor Capt. Wright.

That he was at Callicut and Carresaw[13] in Kidds ship.

[Footnote 13: Carwar?]

A True Copy.
  BELLOMONT.


_74. Deposition of Theophilus Turner. June 8, 1699._[1]

[Footnote 1: Public Record Office, C.O. 5:714, no. 70 VI. Original; a
copy (no. 70 II.) is marked as sworn to before Colonel Blakiston,
governor of Maryland, on June 8, 1699.]

Maryland scilicet

Came Theophilus Turner, Borne at Heckfield near Hartley roade in
Hampshire, Aged about thirty years, and being sworne upon the Holy
Evangelists to declare the truth of what he knows concerning any Acts
of Pyracy comitted by him or any others, saith:

That he sayled out of London about three years agoe in the Ship
_Hanniball_, Captain William Hill Commander, which ship was a Merchant
ship mounted with thirty two Gunns and Navigated with seventy Men, and
went upon the Coast of Guinea, where the Captain put his Men to very
short allowance so that severall of them, vizt. Henry Webber, 3d Mate,
who afterwards Comanded the said ship, and severall others, took the
ship from him and went to Brasile, where the Deponent and some others
left the ship. After that the Deponent had lived at Brasile about one
yeare, a French Vessell which had lost her top mast arrived there
under the Comand of Mounsieur de Ley, on Board of which Vessell the
deponent embarqued himselfe for the Coast of India, the said De Ley
being bound to Bengall, in the Voyage whereto they touched at the
Island of Johannah, an Island [whose] inhabitants are Arabians, which
was in the Month of May or June 1698: and riding there at Anchor with
the said ship, came a ship of fourty Gunns called the _Resolution_ by
the Men on Board, But understood her right name was the _Moco_,[2]
from Madagaskar, Navigated with about 130 or 140 Men under the Comand
of Captain Robert Culliford. De Ley weighed one Anchor and cut the
other Cable, but Culliford chasing him took him and brought the
deponent on Board them, being the only Englishman on board De Ley, and
examined him concerning Deleys Loading, with many threats. after they
plundered the ship and found there 2000 l. in money, besides Wine and
Cloath, which they took, and because the Deponent was an Englishman
they would not let him go on board De Ley again but kept him. After
which the said Culliford sayled with the said ship upon the Coast of
India: and about the middle of August came up with a Pyrate, who came
out of America some where near Rhroad Island under the Comand of
Richard Chivers, had 80 or 90 men and twelve Gunns, who kept Company
and Consorted with Culliford. And about the End of September last they
met off of Suratt with a turkey ship belonging to Suratt, which
Chivers crew boarded: and the Quartermaster and some of Cullifords
crew went on Board: she was laden with Pieces 8, Gold and Dollers, was
reputed to the vallue of one Hundred and twenty or thirty thousand
pounds. there were some shots made and several turks were killed and
wounded and two or three of Chivers Company: they put the men on
shoare on the Coast of India, sunck their own ship and took the turkey
ship and then shared the money, about 700 or 800 l. a man in each
ship, and gave the Deponent who pumped for them on occasion and was
ready at call 250 l., not deeming him as one of them but in the nature
of a prisoner, and told him if that he would go out with them their
next Voyage, he should be all one as the rest. thence the said
Culliford and Chivers sayled to Madagascoe, Port St. Marys, a large
Island about three or four Hundred Leagues in Length inhabited by a
numerous people being Negroes.

THEO. TURNER.

Juratus coram me,

N. BLAKISTON.

[Footnote 2: The _Mocha_ had been a frigate belonging to the East
India Company. Piratical members of the crew, especially James Gillam,
had murdered the captain and had seized the ship.]


_75. Memorial of Duncan Campbell. June 19, 1699._[1]

[Footnote 1: Public Record Office, C.O. 5:860, no. 64 IV.; a copy
certified by Bellomont, and endorsed, "Copy of a Memorial of Mr.
Campbell who had been sent by the Earl of Bellomont to Captain Kidd,
about what Kidd had said to him.... Referred to in the Earl of
Bellomont's Letter of the 26th July 1699. Received [_i.e._, by the
Board of Trade] September 26th, Read 26th, 1699." This memorial is
printed, with slight inaccuracies, in the _Commons Journal_, XIII.
21-22, and thence reprinted in Sir Cornelius N. Dalton's _The Real
Captain Kidd_, pp. 315-321 (a book of slight value as a vindication of
Kidd, but reprinting useful documents); but the _Commons Journal_ is
in few American libraries, and the document is essential to the story
of Kidd, and therefore is printed here. Duncan Campbell, a Scot like
Kidd, had been a bookseller in Boston, and was now postmaster there.
John Dunton describes him (1686) as "a brisk young Fellow, that
dresses All-a-mode, and sets himself off to the best Advantage; and
yet thrives apace. I am told (and for his sake I wish it may be true)
that a Young Lady of a Great Fortune has married him." _Letters from
New England_, p. 80.]

BOSTON, June the 19th, 1699.

The Memorial of Duncan Campbell, of Boston, humbly presented to his
Excellency the Earle of Bellomont.

I, the said Duncan Campbell, being at Rhode-Island on Saturday the
17th of June currant, that morning I went in a Sloop from said Island,
in Company with Mr. James Emott of New-Yorke,[2] and two other men
belonging to said Sloop, towards Block-Island, and, about three
leagues from that Island, I mett a Sloop commanded by Captain Kidd,
and haveing on board about Sixteen men besides; after hailing of which
Sloop and being informed that the said Kidd was Commander thereof, he
said Kidd desired me to come on board the same; which I accordingly
did, and after some discourse passed, said Kidd desired me to do him
the favour as to make what Speed I could for Boston and acquaint your
Excellency that the said Kidd had brought a Ship, about five or six
hundred Tuns, from Madagascar, which, some considerable time since, he
met with in [_blank_] and commanded her there to bring to; and that
thereupon the Pilott, being a French man, came on board the said Kidds
Ship, and told him, said Kidd, he was welcome, and that the said Ship
(to which said Pilott belonged) was a lawfull Prize to him the said
Kidd, she sailing under a French Pass: Whereupon he, the said Kidd,
and Company, took the said Ship, and afterwards, understanding that
the same belonged to the Moors, he, said Kidd, would have delivered
her up again, but his men violently fell upon him, and thrust him into
his Cabbin, saying the said Ship was a fair Prize, and then carryed
her into Madigascar and rifled her of what they pleased, but before
they got into Madigascar, the Gally under Command of him, said Kidd,
became so leaky that she would scarce keep above water, whereupon the
Company belonging thereto, haveing taken out of her her Guns and some
other Things and put them on board the Prize, sett the said Gally on
fire. The said Captain Kidd further told me that, when he and his
Company were arrived at Madagascar, several of his Company moved him
to go and take a Ship called the _Moco_ Frigat, that lay ready fitted
at a place not far distant from them, in the possession of certain
Privateers, and to go in the same for the red-Sea. But that he the
said Kidd said that if they would join with him he would attempt the
taking of the said Ship, (supposeing her a lawful Prize, being
formerly belonging to the King of England), but would not afterwards
go with them on the said design to the red-Sea. Whereupon ninety of
his the said Kidd's men deserted him, went and tooke the said Ship,
and sailed with the same on the aforesaid design, as he, said Kidd,
was informed; obliging one Captain Culliver, the then Commander of
her, to go along with them.

[Footnote 2: An attorney in New York, and vestryman of Trinity
Church.]

And the said Kidd further told me That, his men having left him and
his design frustrated, he thought it his best way to preserve the said
Ship then in his possession, and the goods on board her, for his
Imployers or the proper Owners thereof: And accordingly, with the few
men he had then left, which would not joine with the other Ninety in
their aforesaid design (being about Twenty in Number) and with a few
other men that he procured at Madagascar to assist him in navigating
said Ship, he intended to have brought the same to Boston, according
to his Orders; but touching in his way at the Island of St. Thomas's
and other places in the West-Indies, he there heard that great
Complaints were preferred against him, and he proclaimed a Pirate,
which occasioned him to saile to a place called Mona, near
Hispaniola;[3] from whence he sent to Curaso,[4] and bought there the
Sloop on which he is now on board, and tooke into her out of the said
ship to the Value of about eight or ten thousand pounds in goods,
gold, and Plate, for which Gold and Plate he traded at Madagascar, and
was produced by the sale of sundry goods and Stores that he tooke out
of the _Adventure Gally_, formerly commanded by him, and hath left the
Ship taken by his Company, and carryed to Madagascar as aforesaid, at
or near Mona abovesaid, in the Custody of about six men of his owne
Company and Eighteen others that he got from Curaso (the Merchant of
whom he bought the said Sloop being intrusted therewith), unto which
he hath promised to returne again in three months, the said Kidd
resolveing to come into Boston or New-Yorke to deliver up unto your
Excellency what goods and Treasure he hath on board, and to pray your
Excellency's assistance to enable him to bring the said Ship, left by
him at Mona aforesaid, from thence, the said Ship being disabled from
comeing, for want of furniture.[5]

[Footnote 3: Mona is a small island lying in the passage between Santo
Domingo and Puerto Rico.]

[Footnote 4: Curaçao, Dutch West Indies.]

[Footnote 5: Masts, spars, sails, and rigging.]

But the said Captain Kidd further informed me, That by reason of what
his Men had heard in the West-Indies, as aforesaid, of their being
proclaimed Pirates, they would not consent to his coming into any Port
without some Assurance from your Excellency That they should not be
imprisoned or molested. And the said Captain Kidd did several times
protest solemnly that he had not done anything since his going out in
the said Gally contrary to his Commission and Orders, more than what
he was necessitated unto by being overpowered by his Men, that
deserted him, as aforesaid, who evil intreated him several times for
his not consenting to, or joineing with them in, their actions. And
all the men on board the Sloop now with him did in like manner
solemnly protest their innocence, and declared that they had used
their utmost endeavours in preserving the aforesaid Ship and goods for
the Owners or Imployers. Said Kidd also said, that if your Lordship
should see Cause so to direct, he would carry the said Ship for
England, there to render an Account of his Proceedings.

Which beforegoing contains the particulars of what Captain Kidd and
his Men related to

Your Lordship's most humble Servant,

DUNCAN CAMPBELL.


_76. Narrative of William Kidd. July 7, 1699._[1]

[Footnote 1: Public Record Office, C.O. 5:860, no. 64 XXV. Printed in
_Commons Journal_, XIII. 31-32, and by Dalton, but the same remark
applies to this document (and to documents nos. 77, 79, and 82) as to
no. 75; they are essential to an understanding of the story. A
"protest" by Kidd, July 7, of similar purport, has just been published
in _Portland MSS._, IX. 403.]

A Narrative of the Voyage of Captain William Kidd, Commander of the
_Adventure Gally_, from London to the East Indies.

That the Journal of the said Captain Kidd being violently taken from
him in the Port of St. Marie's in Madagascar, and his life many times
being threatned to be taken away from him by 97 of his men that
deserted him there, he cannot give that exact Account he otherwise
could have done, but as far as his memory will serve is as followeth;
viz.

That the said _Adventure Gally_ was launched in Castle's Yard at
Deptford[2] about the 4th day of December 1695, and about the latter
end of February the said Gally came to the buoy in the Nore, and about
the first Day of March following, his men were pressed from him for
the Fleet, which caused him to stay there 19 Days,[3] and then sailed
for the Downs, and arrived there about the 8th or 10th Day of April
1696; and sailed thence for Plymouth, and on the 23d Day of the said
month of April he sailed from Plymouth on his intended Voyage, and
some time in the month of May met with a small French Vessel with Salt
and Fishing Tackle on board, bound for Newfoundland, which he took and
made Prize of and carried the same into New-York, about the 4th day of
July, where she was condemned as lawful Prize, the produce whereof
purchased Provisions for the said Gally for her further intended
Voyage.

[Footnote 2: Three miles down the Thames from London Bridge. The Nore
was a sandbank at the mouth of the river; the Downs is the roadstead
off Deal.]

[Footnote 3: "At the Buoy in the Nore Captain Steward, commander of
the _Duchess_, took away all my ship's crew; but Admiral Russell [one
of Kidd's owners], upon my application to him at Sittingbourne, caused
my men to be restored to me." Kidd's protest; Hist. MSS. Comm.,
_Manuscripts of the Duke of Portland_, VIII. 80. England and France
were at war from 1689 to the peace of Ryswyk, Sept. 20, 1697 (War of
the Grand Alliance, King William's War). In such times the royal navy
always relied, for its supply of men, upon impressment, especially of
merchant seamen. See J.R. Hutchinson, _The Press-Gang Afloat and
Ashore_ (London, 1913).]

That, about the 6th day of September 1696 the said Captain Kidd sailed
for the Maderas in Company with one Joyner, Master of a Briganteen
belonging to Bermudas, and arrived there about the 8th day of October
following; and thence to Bonavista,[4] where they arrived about the
19th of said month, and took in some Salt and stayed three or four
days, and sailed thence to St. Jago,[4] and arrived there the 24th of
the said month, where he took in some Water and staied about 8 or 9
Days, and thence sailed for the Cape of Good Hope, and in the Latitude
of 32, on the 12th day of December 1696 met with four English Men of
War, whereof Captain Warren was Commodore, and sailed a week in their
Company, and then parted and sailed to Telere, a Port in the Island of
Madagascar, and being there about the 29th day of January, came in a
Sloop belonging to Barbadoes, loaded with Rhum, Sugar, Powder and
Shot, one ---- French Master, and Mr. Hatton and Mr. John Batt
Merchants, and the said Hatton came on board the said Gally and was
suddenly taken ill there and dyed in the Cabin: and about the latter
end of February sayled for the Island of Johanna, the said Sloop
keeping Company, and arrived there about the 18th day of March, where
he found Four East India Merchantmen, outward bound, and watered there
all together, and stayd about four days, And from thence about the 22d
of March sayled for Mehila, an Island Ten Leagues distant from
Johanna, where he arrived the next morning, and there careened the
said Gally, and about fifty men died there in a weekes time.

[Footnote 4: See doc. no. 71, note 2.]

That on the 25th day of April 1697 set saile for the Coast of India,
and came upon the Coast of Mallabar in the beginning of the month of
September, and went into Carrwarr upon that Coast about the middle of
the same month and watered there, and the Gentlemen of the English
Factory gave the Narrator an Account that the Portugese were fitting
out two men of War to take him, and advised him to set out to Sea, and
to take care of himselfe from them, and immediately he set sail
thereupon ... about the 22d of the said month of September, and the
next morning about break of day saw the said two Men of War standing
for the said Gally, and spoke with him, and asked him Whence he was,
who replyed, from London, and they returned answer, from Goa, and so
parted, wishing each other a good Voyage, and making still along the
Coast, the Commodore of the said Men of War kept dogging the said
Gally all Night, waiting an Opportunity to board the same, and in the
morning, without speaking a word, fired 6 great Guns at the Gally,
some whereof went through her, and wounded four of his Men, and
thereupon he fired upon him again, and the Fight continued all day,
and the Narrator had eleven men wounded: The other Portuguese Men of
War lay some distance off, and could not come up with the Gally, being
calm, else would have likewise assaulted the same. The said Fight was
sharp, and the said Portuguese left the said Gally with such
Satisfaction that the Narrator believes no Portuguese will ever attack
the Kings Colours again, in that part of the World especially, and
afterwards continued upon the said Coast, cruising upon the Cape of
Cameroone[5] for Pyrates that frequent that Coast, till the beginning
of the month of November 1697 when he met with Captain How in the
_Loyal Captaine_, an English Ship belonging to Maddarass,[6] bound to
Surat, whom he examined and, finding his Pass good, designed freely to
let her pass about her affairs; but having two Dutchmen on board, they
told the Narrator's men that they had divers Greeks and Armenians on
board, who had divers precious Stones and other rich Goods on board,
which caused his men to be very mutinous, and got up their Armes, and
swore they would take the Ship, and two-thirds of his Men voted for
the same. The narrator told them The small Armes belonged to the
Gally, and that he was not come to take any Englishmen or lawful
Traders, and that if they attempted any such thing they should never
come on board the Gally again, nor have the Boat, or Small-Armes, for
he had no Commission to take any but the King's Enemies, and Pirates,
and that he would attack them with the Gally and drive them into
Bombay; the other being a Merchantman and having no Guns, might easily
have done it with a few hands, and with all the arguments and menaces
he could use could scarce restraine them from their unlawful Designe,
but at last prevailed, and with much ado got him cleare, and let him
go about his business. All which Captain How will attest, if living.

[Footnote 5: Cape Comorin, the southern point of Hindustan.]

[Footnote 6: _I.e._, Madras.]

And that about the 18th or 19th day of the said month of November met
with a Moors Ship of about 200 Tuns,[7] coming from Suratt, bound to
the Coast of Mallabar, loaded with two horses, Sugar and Cotton, to
trade there, having about 40 Moors on board, with a Dutch Pylot,
Boatswain and Gunner, which said Ship the Narrator hailed, and
commanded on board, and with him came 8 or 9 Moors and the said three
Dutchmen, who declared it was a Moors Ship, and demanding their Pass
from Suratt, which they shewed, and the same was a French Pass, which
he believes was shewed by a Mistake, for the Pylot swore Sacrament[8]
she was a Prize, and staid on board the Gally and would not return
again on board the Moors Ship, but went in the Gally to the Port of
St. Maries.

[Footnote 7: The _Rouparelle_; her French pass (from the director of
Surat for the French East India Company) showing a Mohammedan captain,
Dutch pilot, and Dutch boatswain, is in _Commons Journal_, XIII. 21.
It was one of the two passes whose absence at Kidd's trial was fatal
to his case.]

[Footnote 8: "The Dutch-man seeing that, swore his countries oath,
'sacremente'." Bradford, _History of Plymouth Plantation_ (ed. 1908),
p. 35.]

And that about the First Day of February following, upon the same
Coast, under French Colours with a Designe to decoy, met with a
Bengall Merchantman belonging to Surrat of the burthen of 4 or 500
Tuns, 10 guns, and he commanded the Master on board, and a Frenchman,
Inhabitant of Suratt and belonging to the French Factory there, and
Gunner of said Ship, came on board as Master, and when he came on
board the Narrator caused the English Colours to be hoisted, and the
said Master was surprized and said, You are all English; and asking,
Which was the Captain, whom when he saw, said, Here is a good Prize,
and delivered him the French Pass.[9] And that with the said two
Prizes sailed for the Port of St. Maries, in Madagascar; and sailing
thither the said Gally was so leaky that they feared she would have
sunk every hour, and it required eight men, every two Glasses[10] to
keep her free, and was forced to woold[11] her round with Cables to
keep her together, and with much ado carried her into the said Port of
St. Maries, where they arrived about the First Day of April 1698, and
about the 6th day of May the lesser Prize was haled into the Careening
Island or Key, the other not being arrived, and ransacked and sunk by
the mutinous men, who threatened the Narrator and the men that would
not join with them, to burn and sink the other, that they might not go
home and tell the news.

[Footnote 9: The French pass of this ship, the _Cara Merchant_ or
_Quedah Merchant_ (Kedah, in the Malay Peninsula) is in the _Commons
Journal_, XIII. 21, signed by François Martin, the founder of
Pondicherry and of the French empire in India. It is dated Jan. 14,
1698, at Hugli (Chandernagore). It names Armenians as commanders and
owner, though the evidence given at Kidd's trials in London (Hargrave,
_State Trials_, V. 287-338) constantly states an Englishman named
Wright to have been commander. It should be remembered, in respect to
these two captures, of vessels ostensibly French, in November, 1697,
and February, 1698, that though the peace of Ryswyk was signed Sept.
20, 1697, the news of its signing did not reach the Indian Ocean till
April, 1698; and by its terms (art. X.) captures made "beyond the
Line" (Equator) within six months from the signing of the treaty were
not illegal.]

[Footnote 10: _I.e._, an hour by the sand-glass.]

[Footnote 11: Wind.]

And that when he arrived in the said Port there was a Pyrate Ship,
called the _Moca_ Frigat,[12] at an Anchor, Robert Culliford Commander
thereof, who with his men left the same at his coming in, and ran into
the Woods, And the Narrator proposed to his Men to take the same,
having sufficient power and authority so to do,[13] but the mutinous
Crew told him, if he offered the same, they would rather fire two Guns
into him than one into the other, and thereupon 97 deserted, and went
into the _Moca_ Frigat, and sent into the Woods for the said Pyrates
and brought the said Culliford and his men on board again; and all the
time she staid in the said Port, which was for the Space of 4 or 5
Dayes, the said Deserters, sometimes in great numbers, came on board
the said Gally and _Adventure Prize_,[14] and carried away great guns,
Powder, Shot, small Armes, Sailes, Anchors, Cables, Chirurgeons Chest,
and what else they pleased, and threatned several times to murder the
Narrator (as he was informed, and advised to take care of himselfe)
which they designed in the Night to effect but was prevented by his
locking himself in his Cabin at night, and securing himselfe with
barrocading the same with bales of Goods, and having about 40 small
Armes, besides Pistols, ready charged, kept them out. Their wickedness
was so great, after they had plundered and ransacked sufficiently,
went four miles off to one Edward Welche's house,[15] where his the
Narrator's Chest was lodged, and broke it open, and took out 10 Ounces
of Gold, forty Pounds of Plate, 370 pieces of Eight, the Narrator's
Journal, and a great many papers that belonged to him and the People
of New-York that fitted them out.

[Footnote 12: See doc. no. 74, note 2.]

[Footnote 13: One of the witnesses at Kidd's trial, a member of his
crew, gives a very different account of the latter's attitude toward
Culliford. It may be quoted, as a specimen of Kidd's unstudied
conversational style. "On the Quarter-deck they made a Tub of Bomboo,
as they call it, (it is made of Water, and Limes, and Sugar) and there
they drank to one another; and, says Capt. Kidd, Before I would do you
any Damage, I had rather my Soul should broil in Hell-fire; and wished
Damnation to himself several times, if he did. And he took the Cup,
and wished that might be his last, if he did not do them all the Good
he could." _State Trials_ (Hargrave), V. 306, 335.]

[Footnote 14: _I.e._, the _Quedah Merchant_.]

[Footnote 15: Edward Welch was a New Englander, who had come out to
Madagascar as a boy, and had a house fortified with six guns near St.
Mary's, where he ruled over a company of negroes. _Cal. S.P. Col._,
1699, p. 289.]

That about the 15th of June, the _Moca_ Frigat went away, being manned
with about 130 Men and forty Guns, bound out to take all Nations. Then
it was that the Narrator was left only with 13 Men, so that the Moors
he had to pump and keep the _Adventure Gally_ above Water being
carried away, she sunk in the harbour, and the Narrator with the said
thirteen men went on board of the _Adventure-Prize_, where he was
forced to stay five months for a fair Wind. In the meantime some
Passengers presented, that were bound for these Parts, which he tooke
on board to help to bring the said _Adventure-Prize_ home.

That about the beginning of April 1699 the Narrator arrived at
Anguilla in the West-Indies and sent his Boat on Shore, where his men
had the News That he and his People were proclaimed Pirates, which put
them into such a Consternation that they sought all Opportunitys to
run the Ship on shore upon some reef or Shoal, fearing the Narrator
should carry them into some English Port.

From Anguilla they came to St. Thomas, where his Brother-in-law Samuel
Bradley[16] was put on shore, being sick, and five more went away and
deserted him, where he heard the same News, that the Narrator and his
Company were proclaimed Pirates, which incensed the People more and
more. From St. Thomas set saile for Moona, an Island between
Hispaniola and Porto Rico, where they met with a Sloop called the _St.
Anthony_, bound for Montego[17] from Curaso, Mr. William Bolton[18]
Merchant and Samuel Wood Master. The men on board then swore they
would bring the Ship no further. The Narrator then sent the said Sloop
_St. Anthony_ for Curaso for Canvas to make Sails for the Prize, she
being not able to proceed, and she returned in 10 Dayes, and after the
Canvas came he could not persuade the men to carry her for
New-England, but Six of them went and carried their Chests and things
on board of two Dutch Sloops, bound for Curaso, and would not so much
as heele the Vessel or do any-thing; the remainder of the men not
being able to bring the _Adventure-Prize_ to Boston, the Narrator
secured her in a good safe Harbour in some Part of Hispaniola, and
left her in the Possession of Mr. Henry Boulton of Antego, Merchant,
the Master, three of the old men, and 15 or 16 of the men that
belonged to the said Sloop _St. Anthony_ and a Briganteen belonging to
one Burt of Curaso.

[Footnote 16: Kidd's wife's brother; see doc. no. 78, note 1, and
_N.Y. Col. Docs._, IV. 128, 144, 179. General McCrady, _History of
South Carolina_, I. 262-263, mentions two affidavits in an old
manuscript book in Charleston, by two sailors of the _Adventure's_
company, who declare that Bradley took no part with the piratical
crew, but constantly protested against their course, and therefore was
put ashore sick on a rock near Antigua.]

[Footnote 17: The manuscript (a copy) says Montego, which is in
Jamaica, but the name should be Antigua. The _Antonio_ belonged partly
to Abraham Redwood of Antigua, afterward of Newport.]

[Footnote 18: Henry Bolton; see doc. no. 86. Samuel Wood's examination
is in _Commons Journal_, XIII. 26.]

That the Narrator bought the said Sloop _St. Anthony_ of Mr. Bolton,
for the Owners accompt, and after he had given Directions to the said
Bolton to be careful of the Ship and Ladeing and persuaded him to stay
three months till he returned, and then made the best of his way to
New-York, where he heard the Earl of Bellomont was, who was
principally concerned in the _Adventure Gally_, and hearing his
Lordship was at Boston, came thither and has now been 45 Dayes from
the said Ship.

WM. KIDD.

Boston, 7th July 1699.

Further the Narrator saith, That the said Ship was left at St.
Katharina on the Southeast part of Hispaniola, about three Leagues to
Leward of the Westerly end of Savano.[19] Whilst he lay at Hispaniola
he traded with Mr. Henry Bolton of Antigua, and Mr. William Burt of
Curracao,[20] Merchants, to the value of Eleven thousand two hundred
Pieces of Eight, whereof he received the Sloop _Antonio_ at 3000
Pieces of 8/8, and four thousand two hundred Pieces of 8/8 by Bills of
Exchange, drawn by Bolton and Burt upon Messieurs Gabril and
Lemont,[21] Merchants in Curracao, made payable to Mr. Burt, who went
himself to Curracao, and the Value of four thousand Pieces of 8/8 more
in Dust and barr-gold, which Gold, with some more traded for at
Madagascar, being Fifty Pound Weight or upwards in Quantity, the
Narrator left in Custody of Mr. ---- Gardner of Gardner's-Island,[22]
near the Eastern end of Long-Island, fearing to bring it about by
Sea. It is made up in a bagg put into a little box, lockt and nailed,
corded about, and sealed. Saith, He took no receipt for it of Mr.
Gardner.

[Footnote 19: Savona, or Saona, a small island off the
southeasternmost part of Santo Domingo. Santa Catalina is a still
smaller island, a little farther to the west.]

[Footnote 20: Burt or Burke, an Irish trader, was of Dutch Curaçao to
Kidd, of French St. Kitts to Governor Codrington, but a British
subject to the Danish governor of St. Thomas. See doc. no. 83.]

[Footnote 21: Walter Gribble (see doc. no. 86, note 7) and William
Lamont.]

[Footnote 22: See doc. no. 79.]

The Gold that was seized at Mr. Campbel's the Narrator traded for at
Madagascar, with what came out of the Gally.

Saith, That he carried in the _Adventure Gally_ from New-York, 154
Men; Seventy whereof came out of England with him. Some of his Sloop's
Company put two Bailes of Goods on shore at Gardner's-Island, being
their own proper. The Narrator delivered a Chest of Goods, _viz._
Muslins, Latches, Romals[23] and flowered Silke, unto Mr. Gardner of
Gardner's-Island aforesaid, to be kept there for the Narrator. put no
Goods on shore any-where else. Several of his Company landed their
Chests and other Goods at several places.

[Footnote 23: Handkerchiefs.]

Further saith, He delivered a small Bayle of course Callicoes unto a
Sloop-Man of Rhode-Island that he had emploied there. The Gold seized
at Mr. Campbell's the Narrator intended for Presents to some that he
expected to do him Kindness. Some of his Company put their Chests and
Bailes on board a New Yorke Sloop lying at Gardner's-Island.

WM. KIDD.

Presented and taken, die praedict.[24] before his
  Excellency and Council.

ISA. ADDINGTON, Secretary.

[Footnote 24: _Die praedicta_, on the day aforesaid.]


_77. Lord Bellomont to the Board of Trade. July 8, 1699._[1]

[Footnote 1: Public Record Office, C.O. 5:860, no. 62; _Commons
Journal_, XIII, 18-19. Endorsed as received and read Aug. 31. Richard
Coote (1636-1701), earl of Bellomont in the peerage of Ireland, was
designated as governor of Massachusetts in June, 1695, and as governor
of New York in July, three months before his agreement with Livingston
and Kidd, but was not commissioned till June 18, 1697. He arrived in
New York Apr. 2, 1698, and first came to Boston May 26, 1699. The part
he had taken in sending out Kidd to capture pirates made Kidd's piracy
a matter of special indignation and embarrassment to him, particularly
when the affair was used in Parliament, in the session of 1700, as a
means of attack on the Lord Chancellor Somers (see doc. no. 71, note
1). The agreement with Kidd was an unwise arrangement, but there is no
doubt that Bellomont was an honest and zealous official.]

BOSTON, 8th July, 99.

_My Lords_,

I have the Misfortune to be ill of the Gout at a time when I have a
great deal of business to exercise both my head and my hand.

It will not be unwellcome News to your Lordships to tell you that I
secured Captain Kidd last Thursday in the Gaol of this Town with five
or six of his men. He had been hovering on the Coast towards New-York
for more than a fortnight, and sent to one Mr. Emot to come from
New-York to him at a place called Oyster-Bay in Nassau Island[2] not
far from New-York. He brought Emot from thence to Rhoad Island and
there landed him, sending him hither to me with an Offer of his
comeing into this port provided I would pardon him. I was a litle
pussiled how to manage a treaty of that kind with Emot, a cunning
Jacobite, a fast Friend of Fletcher's and my avowed enimie. When he
proposed my pardoning Kid, I told him It was true the King had allowed
me a power to pardon Pyrates; But that I was so tender of useing it
(because I would bring no Staine on my Reputation), that I had set
myselfe a Rule never to pardon Pyracy without the King's expresse
leave and Command. Emot told me that Kid had left the great Moorish
Ship he took in India (which Ship I have since found went by the Name
of the _Quidah-Marchant_), in a Creek on the Coast of Hispaniola, with
Goods to the Value of thirty Thousand pounds: That he had bought a
Sloop, in which he was come before to make his termes: that he had
brought in the Sloop with him severall Bailes of East India goods,
threescore pound weight of gold in Dust and in Ingotts, about a
hundred weight of Silver and several other things which he beleived
would sell for about Ten Thousand pounds. Emot also told me that Kid
was very innocent and would make it appear that his men forced him,
locking him up in the Cabin of the _Adventure Galley_ while they
robbed two or three Ships, and he could prove this by many witnesses.
I answered Emot that if Kid could make that appear he might safely
come into this Port and I would undertake to get him the King's
Pardon. I writ a Letter to Captain Kid inviteing him to come in,[3]
and that I would procure a pardon for him, provided he were as
innocent as Mr. Emot said he was. I sent my letter to him by one Mr.
Campbell of this Town, and a Scotch as well as Kid, and his
Acquaintance: within three or four days Campbell returned to me with a
Letter from Kid, full of protestations of his Innocence, and informing
me of his Design of coming with his Sloop into this Port. I must not
forget to tell your Lordships that Campbell brought three or four
small Jewells to my Wife, which I was to know nothing of; but she came
quickly and discovered them to me and asked me whither she should keep
them, which I advised her to do for the present. For I reflected that
my shewing an over-nicety might do hurt, before I had made a full
discovery what goods and treasure were in the Sloop. All this whole
matter, even to my writing my Letter to Kid, was transacted with the
privity and advice of the Councill.

[Footnote 2: Long Island.]

[Footnote 3: The letter, June 19, and Kidd's reply, June 24, are in
_Commons Journal_, XIII. 22.]

Kid landed here this day Seven night; and I would not so much as speak
with him but before Witnesses: I thought he looked very guilty, and to
make me believe so he and his friend Livingston[4] (who posted hither
from Albany, upon newes of Captain Kid's designe of comeing hither),
and Campbell aforesaid began to juggle together and Imbezle some of
the Cargo; besides, Kid did strangely trifle with me and the Councill
three or four times that we had him under Examination. Mr. Livingston
also came to me in a peremptory manner and demanded up his Bond and
the articles which he sealed to me upon Kid's Expedition, and told me
that Kid swore all the Oaths in the World that unless I did
immediately indemnifie Mr. Livingston by giving up his Securities he
would never bring in that great Ship and Cargo, but that he would
take care to satisfie Mr. Livingston himself out of that Cargo. I
thought this was such an Impertinence, in both Kid and Livingston,
that it was time for me to look about me, and to secure Kid. I had
notice that he designed my wife a Thousand Pound in Gold Dust and
Ingotts last Thursday, but I spoyled his Complement by ordering him to
be arrested and committed that Day, showing the Councill my orders
from Court for that purpose. Two Gentlemen of the Councill, Two
Merchants, and the Collector, have the Charge of all the Cargo, and
they are preparing Inventories of every thing, which shall be sent to
your Lordships by the next Ship.[5] I delivered up to those five
persons the Jewells that I have formerly told you Kid sent by Campbell
to my Wife, and that at the Councill Board.

[Footnote 4: Robert Livingston (1654-1725), first proprietor of
Livingston Manor, a Scot like Kidd and Campbell, was a member of the
council of New York, and secretary for Indian affairs.]

[Footnote 5: This inventory is printed in _Commons Journal_, XIII. 29,
and, from a copy preserved by the Gardiner family at Gardiner's
Island, in C.C. Gardiner, _Lion Gardiner and his Descendants_ (St.
Louis, 1890), pp. 84-85. Judge Samuel Sewall headed the commission,
and supervised the shipping of part of the treasure to London;
_Diary_, Mass. Hist. Soc., _Collections_, XLVI. 7. The total of what
was secured by the authorities--obtained from Kidd's box and chest,
from the _Antonio_, from Campbell, and from Gardiner--was 1111 troy
ounces of gold, 2353 ounces of silver, 17-3/8 ounces of jewels or
precious stones, 57 bags of sugar, 41 bales of merchandise, and 17
pieces of canvas. How much leaked away in sloops from Long Island
Sound to New York and elsewhere, or in the West Indies, or was
destroyed in the burning of the _Quedah Merchant_ in Hispaniola, is
matter for conjecture. The total capture, listed above, was thought to
be worth £14,000.--Since writing the above, I have come upon Mr. Ralph
D. Paine's _The Book of Buried Treasure_ (London, 1911), which
presents, at p. 82, a photograph of the inventory mentioned above. Mr.
Paine prints our docs. nos. 72, 76, 79, 82, 84, and part of 85.]

If I had kept Mr. Secretary Vernon's Orders for seizing and securing
Kid and his associates with all their Effects with less Secrecy, I had
never got him to come in: for his Country men, Mr. Graham[6] and
Livingston, would have been sure to caution him to shift for him selfe
and would have been well paid for their pains. I received the Lords
Justices[7] Orders about Kid, and likewise Mr. Secretary Vernon's,
about three moneths before my leaveing New-York, but I never
discovered them to any body, and when I heard people say, that the
neighbouring Governors had Orders from Court to seize him, I laughed,
as if I believed noe such thing. I wish they may not let him escape
here, as they have Bradish, a notorious Pyrate. About a fortnight ago,
Bradish and another Pyrate got out of the Gaol of this Town and
escaped with the Consent of the Gaoler as there is great reason to
beleive.[8]

[Footnote 6: James Graham, another Scot, was attorney-general of New
York and a member of the council.]

[Footnote 7: Acting as chief executive, in the absence of King
William.]

[Footnote 8: Joseph Bradish and others of the crew of the ship
_Adventure_ of London, on a voyage from London to Borneo in 1698,
piratically seized the ship and ran away with it to Block Island. John
Higginson of Salem, in a letter of Oct. 3, 1699, after mention of
Kidd, adds, "And there was one Bradish, a Cambridge man, who sailed in
an interloper bound for India, who, in some part of the East Indies,
took an opportunity, when the captain and some of the officers were on
shore, to run away with the ship, and came upon our coast, and sunk
their ship at Block Island, and brought much wealth ashore with them;
but Bradish, and many of his company, and what of his wealth could be
found, were seized and secured. But Bradish, and one of his men, broke
prison and run away amongst the Indians; but it is supposed that he
will be taken again." Mass. Hist. Soc., _Collections_, XXVII. 210.
Judge Sewall reports him as recaptured Oct. 26, 1699, and sent to
England with Kidd Feb. 16, 1700. _Ibid._, XLV. 503; XLVI. 6.]

As the Law stands in this Country a Pyrate cannot be punished with
Death; therefore I desire to receive orders what to do with Bradish's
Crew, and also with Kid, and those Men of his I have taken.[9]

[Footnote 9: A Massachusetts act of 1692 punishing piracy with death
had been disallowed by the crown. Judge Sewall, in the debate in the
council as to the matter, declared that he knew of no power they had
to send men out of the province to be tried. _Ibid._, XLVI. 4. He was
probably right.]

Since my leaving New-York one of the four Ships has come in that went
from thence to Madagascar last Summer and of which I informed your
Lordships, and has brought Sixty Pyrates and a vast deall of Treasure.
I hear that every one of the Pyrates paid 150 l. for his passage, and
the owners, I am told, have cleared thirty Thousand pounds by this
Voyage. It is observable that Mr. Hackshaw, one of the Merchants that
petitioned against me to your Lordships, and Stephen Delancy, a hot
headed saucy Frenchman and Mr. Hackshaw's Correspondent, are the
cheife owners of this Ship. I hear there were 200 Pyrates at
Madagascar when this Ship came away, who intended to take their
passage in Frederick Phillips Ship and the other Two belonging to New
York.

A great Ship has been seen off this Coast any time this Week; it is
supposed to be one Maise, a Pyrate who has brought a vast deale of
wealth from the red Seas.[10] There is a Sloop also at Rhoad Island,
which is said to be a Pyrate. I hear the men goe a shoar there in the
day time and return to the Sloop at night and spend their gold very
liberally. We can do nothing towards the taking those Ships, for want
of a man of War. I am manning out a Ship to go in Quest of the
_Quidah-Marchant_ left by Kid on the Coast of Hispaniola: by some
papers which we seized with Kid, and by his own Confession, wee have
found out where the Ship lyes;[11] and according to his account of the
Cargo we compute her to be worth seventy thousand pounds. The Ship
that carries this is just upon Sailing, and will not be persuaded to
stay any longer; so that I cannot send your Lordships the Inventories
of the Goods brought in by Kid, nor the Informations we have taken
about him from his own men, till next opportunity. I am, with Respect,

My Lords

Your Lordships most humble
and obedient Servant

BELLOMONT.

[Footnote 10: William Maze or Mace was one of the pirates specifically
named, along with Tew and Wake, in Kidd's commissions.]

[Footnote 11: For the benefit of treasure-hunters, one might wish one
could be precise. But while the master of the _Antonio_ says at Sta.
Catalina (_Commons Journal_, XIII. 27) and other sailors (_ibid._, 24)
say in the Rio Romana, which would mean much the same, Henry Bolton
(doc. no. 86) says in the Rio Higuey, which is 30 miles farther east,
and Capt. Nicholas Evertse, a worthy New York skipper, says (_C.J._,
XIII. 24) that on June 29 he saw the _Quedah Merchant_, on fire and
burnt down almost to the water's edge, in a salt lagoon on "the Island
St. Helena, nigh Hispaniola," meaning, apparently, Sta. Catalina.]


_78. Petition of Sarah Kidd. July 16 (?), 1699._[1]

[Footnote 1: Mass. Archives, vol. 62, no. 316. On May 16, 1691, Kidd
received license to marry at New York Sarah Oort, widow of John Oort,
merchant of New York. She was a daughter of Samuel Bradley. Kidd was
her third husband. In 1703 she married a fourth. She died in New
Jersey in 1744, leaving five children, one of whom was apparently a
daughter of Kidd. Frederic de Peyster, in his _Bellomont_, p. 29, says
that she "is said to have been a lovely and accomplished woman."
Lovely she may have been, and evidently she was attractive, since she
had four husbands, but she could not write her own name. To this
document and to nos. 80 and 81 she affixes her mark, S.K., rudely
printed; facsimile in _Memorial History of Boston_, II. 179.--Since
this book was prepared, this petition has been printed in the
_Proceedings_ of the American Antiquarian Society, XXXI. 50-51.]

To his Excellency the Earle of Bellomont, Captn. Gen. and Govr. in
Chief of his Maj'tys provinces of the Massachusetts Bay, New Yorke,
etca. in America, and of the Territorys thereon depending, and Vice
Admiral of the same,

The petition of Sarah Kidd the wife of Captn. Wm. Kidd,

Humbly Sheweth

That on the sixth day of July Inst. some of the Magistrates and
officers of this place came into your Pet'rs lodgings at the house of
Duncan Campbell and did there Seize and take out of a Trunck a Silver
Tankard, a Silver Mugg, Silver Porringer, spoons, forcks and other
pieces of Plate, and two hundred and sixty pieces of Eight, your
Pet'rs sole and proper Plate and mony, brought with her from New
Yorke, whereof she has had the possession for several years last past,
as she can truely make oath; out of which sd Trunck was also took
Twenty five English Crowns which belonged to your Pet'rs Maid.[2]

[Footnote 2: The maid was most likely Elizabeth Morris, whose
indenture of apprenticeship to Capt. William Kidd, Aug. 19, 1695, is
printed in N.Y. Hist. Soc., _Coll._, 1885, pp. 571-572. She had then
just come out from England in Kidd's old barkentine the _Antigua_,
which Governor Codrington of the Leeward Islands had given him in 1690
to reward his services and replace the ship then stolen from him (see
doc. no. 71, note 1, and _Portland MSS._, VIII. 78) and which had
apparently been his ship ever since. She was indentured to him as a
maidservant for four years, from July 14, 1695, to July 14, 1699. The
council ordered Sarah Kidd's plate to be returned to her.]

The premisses and most deplorable Condition of your Pet'r considered,
She humbly intreats your hon'rs Justice That Returne be made of the
said Plate and mony.

SARAH S K KIDD.

_In Council July 18, 1699._

Advised that Mrs. Kidd makeing oath that she brought the Plate and
money above mentioned from New York with her, It was restored unto
her. As also that Capn. Kidd and Companys wearing Apparel under
Seizure be returned to them.


_79. Narrative of John Gardiner. July [17], 1699._[1]

[Footnote 1: Public Record Office, C.O. 5:860, no. 64 XXI; _Commons
Journal_, XIII. 30-31. John Gardiner (1661-1738), grandson of Lion
Gardiner, was the third manorial proprietor of Gardiner's Island, an
island lying three miles northward from Long Island, toward its
eastern extremity and near the entrance to the Sound. The narrative
was sent to the Board of Trade by Bellomont as an enclosure in no.
82.]

The Narrative of John Gardner of Gardners-Island, alias Isle of Wight,
relating to Captain William Kidd.

That about twenty dayes agoe, Mr. Emot of New Yorke came to the
Narrators House, and desired a boat to go for New Yorke, telling the
Narrator he came from my Lord at Boston. Whereupon the Narrator
furnished the said Emot with a boat, and he went for New Yorke, and
that Evening the Narrator saw a Sloop with Six Guns rideing at an
Anchor off Gardners Island. and two days afterwards in the Evening the
Narrator went aboard said Sloop to enquire what she was, and so soon
as he came on board Captain Kidd (then unknown to the Narrator) asked
him how himselfe and Family did, telling him that he the said Kidd was
going to my Lord at Boston, and desired the Narrator to carry three
Negroes, two boys and a girle, ashore, to keep till he the said Kidd
or his Order should call for them, which the Narrator accordingly did.
That about two hours after the Narrator had got the said Negroes
ashore, Captain Kidd sent his boat ashore with two bailes of Goods and
a Negro Boy, and the morning after, said Kidd desired the Narrator to
come immediately on board and bring Six Sheep with him for his the
said Kidds Voyage for Boston, which the Narrator did, when Kidd asked
him to spare a barrel of Cyder, which the Narrator with great
importunity consented to, and sent two of his men for it, who brought
the Cyder on board said Sloop, but whilst the men were gone for the
Cyder, Captain Kidd offered the Narrator several Pieces of
damnified[2] Muslin and Bengalls as a Present to his Wife, which the
said Kidd put in a bagg, and gave the Narrator, and about a Quarter of
an Hour afterwards the said Kidd tooke up two or three pieces of
damnified Muslin and gave the Narrator for his proper Use. And the
Narrators men then coming on board with the said Barrel of Cyder as
aforesaid, the said Kidd gave them four pieces of Arabian Gold for
their trouble and also for bringing him Wood. Then the said Kidd,
ready to saile, told this Narrator he would pay him for the Cyder, to
which the Narrator answered That he was already satisfied for it by
the Present made to his Wife. And this Narrator observed that some of
Kidds men gave to the Narrators men some inconsiderable things of
small value, which this Narrator believes were Muslins for Neckcloths.
And then the Narrator took leave of the said Kidd and went ashore, and
at parting the said Kidd fired four Guns and stood for Block-Island.

[Footnote 2: Damaged. Bengals were striped goods, partly silk. Kidd
gave Mrs. Gardiner more than this. A pitcher and fragments of a piece
of cloth of gold are still in the hands of different descendants of
two of John Gardiner's wives. See article by John R. Totten in _N.Y.
Biog. Rec._, L. 17-25. The story is told in Thompson's Long Island, p.
203, from a letter of a descendant writing more than a hundred years
ago. "He [Kidd] wanted Mrs. Gardiner to roast him a pig; she being
afraid to refuse him, roasted it very nice, and he was much pleased
with it. He then made her a present of this cloth."]

About three Dayes afterwards the said Kidd sent the Master of the
Sloop and one Clarke in his boat for the Narrator, who went on board
with them, And the said Kidd desired this Narrator to take on shore
with him and keep for him, the said Kidd, and Order, a Chest, and a
box of gold and a bundle of Quilts and Four Bayles of Goods, which box
of gold the said Kidd told the Narrator was intended for my Lord; and
the Narrator complied with the said Kidds request and took on shore
the said Chest, box of gold, Quilts, and bayles of Goods.

And the Narrator further saith That two of Kidds Crew, who went by the
Names of Cooke and Parrat,[3] delivered to him, the Narrator, two
baggs of Silver, which they told the Narrator weighed thirty pound
weight, for which he gave receipt. And That another of Kidd's men
delivered to the Narrator a small bundle of gold, and gold dust of
about a pound weight, to keep for him, and did also present the
Narrator with a Sash and a pair of worsted Stockins. And just before
the Sloop sayled Captain Kidd presented the Narrator with a bagg of
Sugar, and then tooke leave and sayled for Boston.

[Footnote 3: Neither of these sailors was of the original crew. Hugh
Parrott, of Plymouth, England, joined Kidd at Johanna, and was tried
and condemned with him. His examination at Boston is in _Commons
Journal_, XIII. 29.]

And the Narrator further saith, he knew nothing of Kidds being
proclaimed a Pyrate, and if he had, he durst not have acted otherwise
than he has done, having no force to oppose them, and for that he hath
formerly been threatned to be killed by Privateers, if he should carry
unkindly to them.

JOHN GARDINER.

The within named Narrator further saith That whilst Captain Kidd lay
with his Sloop at Gardners Island, there was a New Yorke Sloop,
whereof one Coster is Master, and his Mate was a little black man,
unknown to the Narrator by name,[4] who, as it was said, had been
formerly Captain Kidds Quarter Master, and another Sloop belonging to
New-Yorke, Jacob Fenick[5] Master, both which lay near to Kidds Sloop
three dayes together, and whilst the Narrator was on board with
Captain Kidd, there was several Bayles of Goods and other things put
out of the said Kidds Sloop and put on board the other two Sloops
aforesaid, and the said two Sloops sayled up the Sound. After which
Kidd sailed with his Sloop for Block Island, and being absent by the
Space of three dayes returned to Gardners-Island again in company of
another Sloop belonging to New-Yorke, Cornelius Quick Master, on board
of which was one Thomas Clarke of Setauket, commonly called Whisking
Clarke, and one Harrison of Jamaica, Father to a boy that was with
Captain Kidd, and Captain Kidds Wife was then on board his own
Sloop.[6] And Quick remained with his Sloop there from noon to the
evening of the same day, and tooke on board two Chests that came out
of the said Kidd's Sloop, under the observance of this Narrator, and
he believes several Goods more, and then sailed up the Sound. Kidd
remained there with his Sloop until next morning, and then set saile
intending, as he said, for Boston. Further the Narrator saith That the
next day after Quick sayled with his Sloop from Gardners Island, he
saw him turning out of a Bay called Oyster-pan Bay,[7] although the
wind was all the time fair to carry him up the Sound; the Narrator
supposes he went in thither to land some Goods.

JOHN GARDINER.

[Footnote 4: Carsten Luersen and Hendrick van der Heul.]

[Footnote 5: Jacob Phoenix.]

[Footnote 6: Capt. Thomas Clarke, coroner of New York, was soon after
arrested in Connecticut at the instance of Bellomont, who charged him
with having privately deposited £10,000 worth of Kidd's treasure with
a man at Stamford. Clarke promised restitution. _N.Y. Col. Docs._, IV.
595, 793; _Calendar of Council Minutes_, pp. 143, 144, 164.]

[Footnote 7: Not Oyster Bay, but Oyster-pond Bay, near Orient.]

Boston, July 1699.

The Narrator, John Gardiner, made Oath before his Excellency and
Council unto the truth of his Narrative contained in this Sheet of
Paper.

ISA. ADDINGTON, Secretary.


_80. Sarah Kidd to Thomas Payne. July 18, 1699._[1]

[Footnote 1: Public Record Office, C.O. 5:861, no. 4 XVIII. Captain
Thomas Paine of Jamestown, R.I. (Conanicut Island), had come to Rhode
Island in 1683, as a privateer with dubious papers. In 1690 he had
defeated a body of Frenchmen at Block Island. He may have been an
accomplice of pirates, as Bellomont charges in doc. no. 85 (in which
this is an enclosure); he was certainly one of the founders of Trinity
Church, Newport.]

From BOSTON Prison, July the 18 day 1699.

_Captain Payen:_

After my humble service to your selfe and all our good Friends this
cometh by a trusty Friend of mine how[2] can declare to you of my
great griefe and misery here in prison by how I would desire you to
send me Twenty four ounces of Gold and as for all the rest you have in
your custody shall desire you for to keep in your custody for it is
all we have to support us in time of want; but I pray you to deliver
to the bearer hereof the above mentioned sum, hows[3] name is Andrew
Knott.[4] And in so doing you will oblige him how is your

SARAH S K KEEDE

the bare hereof can informe you more at large.

[Footnote 2: Who.]

[Footnote 3: Whose.]

[Footnote 4: See doc. no. 85.]


_81. Petition of Sarah Kidd. July 25, 1699._[1]

[Footnote 1: Mass. Archives, vol. 62, no. 317.]

To his Excell'cy the Earle of Bellomont,

Capt. Gen'll and Governor of his Maj'tys Collonies of the
Massachusetts Bay in N. Engl'd etca. and to the honorable the
Councill.

The Peticion of Sarah Kidd humbly Sheweth

That Your Petitioners husband Capt. Wm. Kidd, being comitted unto the
Comon Goale[2] in Boston for Pyracie, and under Streight durance, as
Alsoe in want of necessary Assistance, as well as from Your
Petitioners Affection to her husband humbly pray's that your Excell'cy
and Councill will be pleased to permitt the sd Sarah Kidd to have
Communication with her husband, for his reliefe; in such due Season
and maner, as by your Excelle'y and Councill may be tho't fitt and
prescribed, to which Your Petitioner shall thankfully conforme
herSelfe and ever pray etca.

SARAH S K KIDD

Boston 25 July 1699.

[Footnote 2: Gaol, jail.]


_82. Lord Bellomont to the Board of Trade. July 26, 1699._[1]

[Footnote 1: Public Record Office, C.O. 5:860, no. 64; _Commons
Journal_, XIII. 19-21. The original is endorsed as received Sept. 20.]

BOSTON, 26th July 99.

_My Lords,_

I gave your Lordships a short Account of my taking Capt. Kidd, in my
Letter of the 8th Instant:[2] I shall in this Letter confine myselfe
wholly to an Account of my Proceeding with him.

[Footnote 2: Doc. no. 77.]

On the 13th of last Month Mr. Emot, a Lawyer of New-York, came late at
Night to me and told me he came from Captain Kidd, who was on the
Coast with a Sloop, but would not tell me where: That Kidd had brought
60 Pound Weight of gold, about a 100 Weight of Silver, and 17 Bales of
East-India goods, (which was less by 24 Bales than we have since got
in the Sloop), That Kidd had left behind him a great Ship near the
Coast of Hispaniola that nobody but himselfe could find out, on board
whereof there were in bale goods, Saltpetre, and other things to the
Value of at least 30,000 L.: That if I would give him a pardon, he
would bring in the Sloop and goods hither, and would go and fetch the
great Ship and goods afterwards. Mr. Emot delivered me that Night Two
French Passes, which Kidd took on board the Two Moors Ships which were
taken by him in the seas of India (or, as he alleges, by his Men
against his Will). One of the Passes wants a date in the original, as
in the Copy I send your Lordships; and they go No. I. and No. II.[3]

[Footnote 3: See doc. no. 87, note 2.]

On Thursday, the 15 of June, I sent Mr. Campbel, the Post-Master of
this town, Kidd's Countryman and acquaintance, along with Mr. Emot, to
invite Kidd to come into this Port. Mr. Campbel returned hither on the
19 of June, and gave in a Memorial to my selfe and the Councel,
containing what had passed between him and Kidd: The said Memorial
goes No. 3.[4] On the said 19 June, as I sate in Councel, I wrote a
Letter to Captain Kidd, and shewed it to the Councel, and they
approving of it, I dispatched Mr. Campbel again to Kidd with my said
Letter, a Copy whereof goes No. 4. Your Lordships may observe That the
promise I make Captain Kidd, in my said Letter, of a kind reception,
and promising the King's pardon for him, is conditionall; that is,
provided he were as innocent as he pretended to be. But I quickly
found sufficient Cause to suspect him very guilty, by the many lyes
and Contradictions he told me. I was so much upon my guard with Kidd
that, he arriving here on Saturday the [first] of this moneth, I would
not see him but before witnesses; nor have I ever seen him since, but
in Councel twice or thrice that we examined him; and the day he was
taken up by the Constable, it happened to be by the door of my
Lodging,[5] and he rushed in and came running to me, the Constable
after him. I had him not seized till Thursday the 6th instant, for I
had a mind to discover where he had left the great Ship, and I thought
my selfe secure enough from his running away, because I took care not
to give him the least umbrage of my Design of seizing him, Nor had I
till that day that I produced my orders from Court for apprehending of
Kidd, communicated them to anybody. And I found it necessary to shew
my orders to the Councel, to animate them to join heartily with me in
securing Kidd, and examining his Affair nicely, to discover what we
could of his behaviour in his whole Voyage. Another reason why I took
him not up sooner was that he had brought his wife and Children hither
in the Sloop with him, who I believed he would not easily forsake. He
being examined twice or thrice by me and the Councel, and also some of
his men, I observed he seemed much disturbed, And the last time we
examined him I fancied he looked as if he were upon the wing, and
resolved to run away, and the Gentlemen of the Councel had some of
them the same thought with mine, so that I took their Consent in
seizing and committing him.[6] But the officers appointed to seize his
men were so careless as to let 3 or 4 of his men escape, which
troubled me the more because they were old New-York Pyrates. The next
thing the Councel and I did, was to appoint a Committee of trusty
persons to search for the goods and Treasure brought by Kidd and to
secure what they should find till the King's pleasure should be known
as to the Disposition thereof, as my orders from Mr. Secretary Vernon
import. The said Committee were made up of Two Gentlemen of the
Councel, Two Merchants, and the Deputy Collector, whose names are to
the inclosed Inventory of the goods and Treasure. They searched Kidd's
Lodging, and found hid and made up in Two sea-beds, a bag of gold dust
and Ingots of the value of about 1000 L. and a bag of silver, part
money and part pieces and piggs of silver, value as set down in the
said Inventory. In the above bag of gold were several litle bags of
gold; all particulars are, I believe, very justly and exactly set down
in the Inventory. For my part, I have medled with no manner of thing,
but put every thing under the management of the Councel, and into the
Custody of the before mentioned Committee, that I might be free from
the Suspicion and Censure of the World. The enameled box mentioned in
the beginning of the Inventory is that which Kidd made a present of to
my wife by Mr. Campbel, which I delivered in Councel to the said
Committee to keep with the rest of the Treasure. There was in it a
stone ring, which we take to be a Bristoll Stone;[7] if it were true,
it would be worth about 40 L. And there was a small stone unset which
we believe is also counterfeit, and a sort of a Locket, with four
Sparks which seem to be right diamonds; for there is nobody here that
understands Jewels. If the Box and all that is in it were right, they
cannot be worth above 60 L.

[Footnote 4: Doc. no. 75.]

[Footnote 5: Peter Sergeant, a rich merchant, who had the finest house
in Boston, had given it over to the new governor's use. Mass. Hist
Soc., _Proc._, XXII. 123-131. Lord Bellomont held his council meetings
in its best chamber. It was afterward the famous Province House,
having been bought later by the province, for a residence for the
governors. Hawthorne, at the beginning of part II. of his _Twice-Told
Tales_, describes it as it was in 1845. A portion of the walls was in
1919 still visible from Province Court.]

[Footnote 6: Dr. Edward Everett Hale gives quotations from the council
records, in _Memorial History of Boston_, II. 177-178.]

[Footnote 7: Rock-crystal, of a kind found near Bristol, England.]

Your Lordships will see in the middle of the Inventory a parcel of
Treasure and Jewels delivered up by Mr. Gardiner, of Gardiner's
Island, in the Province of New-York, and at the East End of
Nassau-Island, the Recovering and saving of which Treasure is owing to
my Own Care and quickness. I heard by the greatest accident in the
world, the day that Captain Kidd was committed, That a Man had offered
30 L. for a Sloop to carry him to Gardiner's Island, and Kidd having
owned he had buried some Gold on that Island, (though he never
mentioned to us any Jewels, nor, I believe, would he have owned the
gold there but that he thought he should himselfe be sent for it), I
presently reflected that that man (whom I have since discovered to be
one of Kidd's Men) was to defeat us of that Treasure; I privately
posted away a Messenger by Land with a peremptory order to Mr.
Gardiner in the King's name to come forthwith, and deliver up such
Treasure as Kidd or any of his Crew had lodged with him; acquainting
him That I had committed Kidd to Goal, as I was ordered to do by the
King. My Messenger made great haste, and was with Gardiner before
anybody, and Gardiner, who is a very substantial man, brought away the
Treasure without delay, and by my direction delivered it into the
Hands of the Committee. If the Jewels be right, as it is supposed they
are, but I never saw them, nor the gold and silver brought by
Gardiner, then we guesse that the parcel brought by him may be worth
(Gold, Silver and Jewels) 4500 L. And besides Kidd had left Six bales
of goods with him, one of which was twice as big as any of the rest;
and Kidd gave him a particular Charge of that bale, and told him it
was worth 2000 L. The six bales Gardiner could not bring, but I have
ordered him to send them by a Sloop that is since gone from hence to
New York, and which is to return speedily. We are not able to set an
exact value on the goods and Treasure we have got, because we have not
opened the bales we took on board the Sloop; But we hope when the six
bales are sent in by Gardiner, what will be then in the hands of the
Gentlemen appointed to that Trust, will amount to about 14000 L. I
have sent strict orders to my Lieutenant Governor at New York,[8] to
make dilligent Search for the Goods and Treasure sent by Kidd to New
York in Three Sloops mentioned in Gardiner's affidavit,[9] which I
send with the other affidavits and Informations to your Lordships; and
I believe I have directed him where to find a Purchase in a house at
New York, which by a hint I have had I am apt to believe will be found
out in that house. I have sent to search elsewhere a certain place,
strongly suspected to have received another depositum of gold from
Kidd. I am also upon the hunt after Two or Three Arch Pyrates, which
I hope to give your Lordships a good Account of by next Conveyance. If
I could have but a good able Judge and Attorney General at York, a Man
of war there and another here, and the Companies recruited and well
paid, I will rout Pirates and Piracy entirely out of all this north
part of America, but as I have but too often told your Lordships, it
is impossible for me to do all this alone in my single person.

[Footnote 8: Capt. John Nanfan; see doc. no. 73, note 2.]

[Footnote 9: Doc. no. 79.]

I wrot your Lordships word in my last letter of the 8 Instant That
Bradish the Pyrate and one of his Crew were escaped out of the goal of
this Town. We have since found that the Goaler was Bradish's kinsman,
and the Goaler confessed they went out at the prison door, and that he
found it wide open; we had all the reason in the world to believe the
Goaler was consenting to the escape: by much ado I could get the
Counsel to resent the Goaler's behaviour, but by meer Importunity I
had the fellow before us; we examined him, and, by his own Story and
accounts given us of his suffering other prisoners formerly to escape,
I prevailed to have him turned out and a prosecution ordered against
him to the Attorney Generall. I have also, with some difficulty, this
late Session of Assembly here, got a bill to pass, That the Goal be
committed to the Care of the High Sheriffe of the County, as in
England, with a Salary of 30 L. _per Annum_, to the said Sheriffe: I
would have had it 50 L. _per Annum_, for the Sheriff's Incouragement
to be honest and carefull, but I could not prevail. I am forced to
allow the Sheriff 40 s. per Week for keeping Kidd safe; otherwise I
should be in some doubt about him. He has without doubt a great deal
of gold, which is apt to tempt men that have not principles of honour;
I have therefore, to try the power of dull Iron against gold, put him
into Irons that Weigh 16 Pound. I thought it moderate enough, for I
remember poor Doctor Oates[10] had a 100 weight of Iron on him when he
was a prisoner in the late Raign. There never was a greater Lyar or
Thief in the World than this Kidd; notwithstanding he assured the
Councel and me every time we examined him That the great Ship and her
Cargo waited his return to bring her hither, and now your Lordships
will see by Two severall Informations of Masters of Ships from
Curacao, that the Cargo has been sold there, and in one of them it is
said they have burnt that noble Ship, and without doubt, it was by
Kidd's order, that the Ship might not be an evidence against him, for
he would not own to us her Name was the _Quidah-Marchand_, though his
men did. Andries Henlyne, and Two more, brought the first news to York
of the sale of that Cargo at Curacao; and never such pennyworths heard
of for Cheapness; Captain Evertz is he who has brought the news of the
Ship's being burnt. She was of about 500 Ton, and Kidd told us at the
Councel, there never was a stronger or stancher Ship seen. His Lying
had like to have involved me in a Contract that would have been very
chargeable and to no manner of purpose, as he has ordered Matters. I
was advised by Counsel to dispatch a Ship of good Countenance to go
and fetch away that Ship and Cargo. I had agreed for a Ship of 300
tons, 22 Guns, and I was to man her with 60 men, to force (if there
had been need of it) the Men to yield who were left with the Ship. I
was just going to seal the writing, when I bethought myself it were
best to presse Kidd once more to tell me Truth: I therefore sent to
him Two Gentlemen of the Councel to the Goal, and he at last owned
That he had left a power with one Mr. Henry Bolton, a Marchand of
Antegoa whom he had Committed the Care of the Ship to, to sell and
dispose of all the Cargo: upon which Confession of Kidds I held my
hand from hireing that great Ship, which would have cost 1700 L. by
Computation. And now to-morrow I send the Sloop Captain Kidd came in,
with Letters to the Lieutenant Governor of Antegoa, Colonel Yeomans,
to the Governors of St. Thomas's Island and Curacao, to seize and
secure what effects they can, that was late in the possession of Kidd,
and on board the _Quidah-Marchand_. There is one Burk, an Englishman,
that lives at St. Thomas, who has got a great Store of the goods and
mony for Kidd's account. St. Thomas belongs to the Danes, but I hope
to retrieve what Burt has in his Hands.[11] The sending this Sloop
will cost but about 300 L. if she be out Three moneths. I hope your
Lordships will take care, that immediate orders be sent to Antegoa to
secure Bolton, who must have plaid the Knave egregiously; for he could
not but know that Kidd came knavishly by that Ship and Goods. It is
reported That the Dutch of Curacao have loaded Three Sloops with those
Goods, and sent them to Holland; perhaps it were not amiss to send and
watch their Arrivall in Holland, if it be practicable to lay Claim to
them there.

[Footnote 10: Titus Oates, the scurrilous and perjured informer,
wonderfully successful with his "Popish Plot" in 1679 and 1680, thrown
into prison, under heavy irons, in 1684. He was still living in 1699.
His doctoral degree ("D.D. of Salamanca") was spurious.]

[Footnote 11: The reply of the governor of St. Thomas is doc. no. 83.]

Since my Committment of Kidd, I hear That upon his approach to this
port, his heart misgave him, and he proposed to his Men the putting to
Sea again and going to Caledonia,[12] the new Scotch Settlement near
Darien, but they refused.

[Footnote 12: Caledonia was the settlement on the isthmus of Panama to
which the Darien Company, amid so much enthusiasm on the part of the
Scottish nation (see Macaulay's twenty-fourth chapter), had sent out
its colony in 1698. The settlement had proved a disastrous failure and
had been abandoned, and the ships bringing away the wretched survivors
were already approaching New York, but neither Kidd nor Bellomont yet
knew this.]

I desire I may have orders what to do with Kidd, and all his and
Bradish's Crew; for, as the Law stands in this Country, if a pyrate
were Convict, yet he cannot suffer Death: And the Counsell here
refused the bill to punish Privateers and Pyrates which your Lordships
sent with me from England with a direction to recommend it at New York
and here, to be passed into a Law. I shall by next Conveyance acquaint
your Lordships what a prejudice I have found in some of the Counsel to
the Laws of England this Session, but having writ myself almost dead,
I must till another Opportunity forbear to treat of the affairs of
this Province; but when I do, I must tell your Lordships beforehand, I
will not dissemble with you to favour any man or number of men; I am
both above it, and I should thinke I did not do the part of an honest
man, if I concealed any thing from you that tends to the prejudice of
the Interest of England.

You will observe by some of the Informations I now send, That Kidd
did not only rob the Two Moors Ships, but also a Portugueze Ship;
which he denied absolutely to the Counsel and me.

I send your Lordships 24 severall Papers and Evidences relating to
Captain Kidd. It is impossible for me to animadvert and make remarks
on the several matters contained in the said papers, in the weak
Condition I am at present; but must leave that Trouble to Mr.
Secretary Popple,[13] whose excellent clear method in business fits
him incomparably beyond me for such a Work.

[Footnote 13: William Popple the elder, secretary to the Board of
Trade from 1696 to 1708.]

I will always continue to be, with much Respect,

My Lords,

Your Lordships most humble
and obedient Servant,

BELLOMONT.


_83. The Danish Governor of St. Thomas to Lord Bellomont. September 1,
1699._[1]

[Footnote 1: Public Record Office, C.O. 5:860, no. 73 XIII. Johan
Lorentz, acting governor of the Danish island of St. Thomas 1689-1692,
governor 1694-1702, was of Flensborg in Sleswick, but his habitual
language was Dutch, which indeed was the usual language of St. Thomas
at this time. His letter, written in Dutch, was sent to the Board of
Trade as an enclosure in a letter from Bellomont dated Oct. 24.
Bellomont, as indicated in the latter part of doc. no. 82, sent the
_Antonio_, with a trusty skipper, to Antigua, St. Thomas, Curaçao, and
Jamaica, to recover whatever could be found of Kidd's booty. This is
one of the letters it brought back. Lorentz dated by old style.]

_Aen Syn Excell. Bellomont_

ST. THOMAS de 1 Septembris anno 1699

_Myn Heer_

Hebbe d'Eere gehadt, uw Excell. aengename Missive van den 26 July door
Capt. ---- Carry t'ontvanghen, en daer uyt ten volle verstaen het
gheen uw Excell. aengaende den Zeeroover Will Kidd heeft gelieven te
schryven, waerop uw Excell. met naervolgende Antwoort dienen Sall.
voorschryven Will Kidd is voor deesen Haeven met zyn voerende Schip
onder Engelse Vlagge buyten Schoot Van't Kooninghs Fortress ten Anker
gekoomen, en heeft daerop zyn Chaloupe met een Brief aen My aen Lant
gesonden, waerin hy Protectie van my was begehrende, Vaerder
pretenderende onschuldigh te weesen in't Rooven van de Subjecten van
den Mogol in Oostjndien. Zyn Bedryf my toenmaels nogh Onbekent Zynde,
Schreef hem Wederom, by aldien hy een Eerlyk man was, dat ick hem
protegeren woude, maer hy heeft Verzekeringh willen hebben, dat ick
hem aen gheen Oorloghs schepen van syn Majestat van Groot Britannien,
die hem souden Koomen Opeyschen Overleveren soude, 't welck hem
geweygert hebbe, waerop by Verstaen hebbende, dat ick alle Habitanten
verbooden hadde, gheen Provisie aen hem te vercoopen, wederom onder
Zeyl is gegaen; zedert die Tyt hebbe hooren seggen, dat hy omtrent het
Eylant Moone ten Anker lagh, en dat een Bolton van Antigua by hem
geweest hadde, om met hem te negotieren. Naederhant quam in deesen
Haven eenen Bergantin, toebehoorende aen Barbades, waerop eenen Will
Burcke Coopman was, van welcke ick gheen suspitie hadde nogh minder de
gedachten, dat hy hem soude onderstaen dörfen eenighe Zeerover
goederen hier intevoeren; Nochtans hebbe des Andern Daeghs verstaen,
dat hy by Nacht een Party Goet aen Lant hadde gebrocht, dewelcke hy
volghens seggen aen de Heer Pedro van Bellen, General Directeur voor
de Ceurvorsth. Brandenborgse Privilegeerde soude vercocht hebben,
dewelcke ook in't Brandenborgse Magazyn zyn Opgeleght. ick hebbe aen
voorschryven goederen niet können koomen dewyl voorschryven
Brandenborgse Privilegeerde hier ter Plaetse haer eyghen Recht en
Privilegien hebben, maer voorschryven Will Burcke hebbe laeten
arresteren, en naerdien hy Borghtocht heeft gestelt, hebbe hem laeten
vertrecken met de Bergantin, dogh met de Conditie, dat hy syn
verantwoordinghe aen Barbades (dewyl hy een Subject van Syn Majestät
van Engelant en aldaer woonachtigh was) soude doen. Naederhant is hy
van Barbades wederom hier gekoomen, medebrengende een Recommendatie
van de Heer Gouverneur Grey aen my, en ophoudt sigh hier nu nogh in't
Brandenborgse Loge, maer alle voorschryven Goederen zyn (soo geseght
word) naer aendere Plaetse getransporteert. Deeses is all het gheen,
daervan Uw. Excell. aengaende deese Saeke onderrechten kan, daerby
verzekerende dat gheen Subjecten of inwoonders van Syn Cooninglyke
Majestät van Denemarck myn Souverain Heer met voor[schryven] Kidd
gehandelt hebben, dewyl daerin Goede ordre hebbe beschickt.
Ondertuschen hebbe aenstonts een Persoon uyt den Raet naer Denemarck
gesonden, om aen Syn Cooninglyke Majestät myn allergenadigste Kooning
ende Heer van all het gheen, soo als het passeert is, alleronderdaenigst
Rapport te geven. Hiermede Sluytende recommenderende Uwe Excell. alle
Goede Vrientschap en Vaerdere goede Correspondentie t'Onderhouden,
Waermede verblyve

Uwe Excell.

Ootmoedigen Dienaer

J. LORENTS.

[Addressed:] To Milord Bellomont Earl,
  Gouvernor of New England, Yorck and other
    places, In Boston

_Translation._

ST. THOMAS, September 1, 1699.

_To His Excellency Bellomont:_

_My Lord:_

I have had the honor to receive by way of Captain ---- Carry[2] Your
Excellency's agreeable letter of July 26, and to understand fully from
it what Your Excellency has been pleased to write as to the pirate
Will Kidd, upon which I shall serve Your Excellency with the following
reply. The aforesaid Will Kidd, with his freight-ship under the
English flag, came to anchor off this harbor, out of range of the
King's fortress, and then sent his shallop to land with a letter to
me, in which he asked me for protection, further declaring that he was
innocent as to robbing the subjects of the Mogul in the East Indies.
His course of conduct being at that time still unknown to me, I wrote
him in reply that, in case he was an honorable man, I would protect
him, but he wished to have assurance that I would not give him up to
any war-ship of His Majesty of Great Britain that should come to
demand him. This I declined to give, whereupon he, understanding that
I had forbidden all inhabitants to sell him any provisions, set sail
again.[3] Since that time I have heard that he lay at anchor near the
island of Mona, and that one Bolton of Antigua had been with him, to
transact business. Afterward there came into this harbor a brigantine
belonging to Barbados, on which one Will Burcke[4] was merchant,
concerning whom I had no suspicion, still less the thought that he
would dare to undertake bringing in here any pirate goods; yet I
learned the other day that he by night had brought a quantity of goods
to land, which, according to reports, he had sold to Mr. Pedro van
Bellen, general director for the Electoral Brandenburg Privileged
Company, and which are also stored in the Brandenburg warehouse.[5] I
have not been able to get at the aforesaid goods, because the said
Brandenburg patentees have here their own law and privileges, but I
have caused the said Will Burcke to be arrested, and on his giving
bail have let him return with the brigantine, yet on condition that he
should discharge his responsibility to Barbadoes, he being a subject
of His Majesty of England and resident there. Since that time he has
come here again from Barbados, bringing with him a recommendation from
Governor Grey[6] to me, and is living here still at the Brandenburg
Lodge, but all the aforesaid goods have, it is said, been transported
to other places. This is all the information that I can give Your
Excellency respecting this matter, at the same time assuring you that
no subjects of his Royal Majesty of Denmark, my sovereign Lord, or
inhabitants here, have traded with the aforesaid Kidd, for in that
matter I have enforced good order. Meanwhile I have forthwith sent a
member of the council to Denmark, to report most submissively to His
Royal Majesty, my most gracious King and Lord, all these matters just
as they have occurred. Herewith closing, and commending myself to Your
Excellency, to maintain all good friendship and further good
correspondence, I remain

Your Excellency's

Humble Servant

J. LORENTS.

[Footnote 2: Nathaniel Cary of Charlestown. His very interesting
account of his wife's prosecution for witchcraft in 1692 is in Calef's
_More Wonders of the Invisible World_, and is reprinted in G.L. Burr,
_Narratives of the Witchcraft Trials_, pp. 349-352.]

[Footnote 3: The episode is related more fully in Westergaard, _The
Danish West Indies_, pp. 113-118, Professor Westergaard having found
Lorentz's carefully kept diary in the Danish archives at Copenhagen.
Lorentz "answered that if he could produce proof in writing that he
was an honest man, he might enter". From his request for protection
from English royal ships, the governor "saw that he was a pirate", and
"his request was flatly refused him, and he was forbidden to send his
men ashore again unless they came into the harbor with the ship".]

[Footnote 4: See doc. no. 76, note 20.]

[Footnote 5: By a treaty between the Great Elector and the King of
Denmark, in 1685, Brandenburg secured for thirty years the privilege
of maintaining on St. Thomas an establishment, chiefly useful in
connection with the work of the Brandenburg company for the African
slave-trade. The story is related in Westergaard, ch. III., and in
Schück; see doc. no. 43, note 1, and no. 48, note 1. The episode of
Burke and Van Belle is more fully related in Westergaard, pp. 115-118.
Burke escaped and most of the goods went across the Atlantic to
Brandenburg, but Lorentz seems to have been honest.]

[Footnote 6: Hon. Ralph Grey, governor of Barbados 1697-1699.]


_84. Declaration of William Kidd. September 4, 1699._[1]

[Footnote 1: Public Record Office, C.O. 5:860, no. 65 XIX. Enclosed in
a letter of Bellomont to the Board of Trade, Aug. 28. There is a
photographic facsimile of the original in R.D. Paine, _The Book of
Buried Treasure_, at p. 85. Though this chest is mentioned in several
of the Kidd documents, no account of its contents appears in the chief
printed inventories, indeed I find no evidence that it was brought to
Boston. The statement may have interest as showing kinds of goods then
highly valued.]

BOSTON September 4, 1699

Captain William Kidd declareth and saith That in his chest which he
left at Gardiners Island there was three small baggs or more of Jasper
Antonio or stone of Goa,[2] severall pieces of Silk stript with silver
and gold, Cloth of Silver, about a Bushell of Cloves and Nutmegs mixed
together and strawed up and down, severall books of fine white
callicoes, severall pieces of fine Muzlins, severall pieces more of
flowred silk, he does not well remmember what further was in it. he
had an Invoyce thereof in his other chest. all that was contained in
the said Chest was bought by him and some given him at Madagascar,
nothing thereof was taken in the ship _Quedah Merchant_. he esteemed
it to be of greater value than all else that he left at Gardiners
Island except the gold and silver. there was neither gold or silver in
the chest. It was fastned with a Padlock and nailed and corded about.

[Footnote 2: A fever medicine, consisting of various drugs made up
into a hard ball, lately invented in India by Gaspar Antonio, a lay
brother of the Society of Jesus.]

Further saith That he left at said Gardiners Island a bundle of nine
or tenn fine India Quilts, some of them Silk with fringes and
Tassells.

WM. KIDD.


_85. Lord Bellomont to the Board of Trade. November 29, 1699._[1]

[Footnote 1: Public Record Office, C.O. 5:861, no. 4. Endorsed as
received Jan. 19, 1700, and read at the Board Feb. 9.]

BOSTON the 29 November 99.

_My Lords_

I gave your Lordships an account in my Letter of the 24th of last
moneth[2] by the last ship that went hence for England, of my taking
Joseph Bradish and Tee Wetherley, the two Pyrates that had escaped
from the Goal of this town;[3] and I then also writ that I hoped in a
little time to be able to send your Lordships the news of my taking
James Gill[am] the Pyrat that killed Captain Edgecomb, Commander of
the _Mocha_ frigat for the East India Company,[4] and that with his
own hand while the Captain was asleep, and Gillam is supposed to be
the man that Incouraged the Ship's Company to turn Pyrats, and that
ship has ever since been robbing in the Red Sea and Seas of India, and
taken an Incredible deal of wealth; if one may believe the reports of
men that are lately come from Madagascar, and that saw the _Mocha_
frigat there, she has taken above two millions sterling. I have been
so lucky as to take James Gillam, and he is now in Irons in the Goal
of this town, and at the same time with him was sie[ze]d one Francis
Dole,[5] in whose house he was harboured, who proves to be one of
Hore's Crew, H[ore] one of Colonel Fletcher's Pyrates commissioned by
him from New York; Dole is also committed to Goal. My taking of Gillam
was so very accidentall that I cannot forbear giving your Lordships a
narrative of it, and one would believe there was a strange fatality in
that m[an's] Starrs. On Saturday the 11th Instant late in the evening
I had a letter from Colonel Sanford,[6] Judge [of] the Admiralty Court
in Rhode-Island, giving me an account that Gillam had been there, but
was come towards Boston a fortnight before, in order to ship himselfe
for some of the Islands, Jamaica or Barbados, that he was troubled he
knew it not sooner, and was affraid his Intelligence would come too
late to me; that the Messenger he sent knew the Mare Gillam rode on
[to] this town. I was in despair of finding the man, because Colonel
Sanford writ to me that he was g[one] to this town so long a time as a
fortnight before that; however I sent for an honest Constable I had
made use of in the apprehending of Kidd and his men, and sent him with
Colonel Sanford's Messenger to examine and search all the Inns in Town
for the mare, and at the first Inn they went to, they found her tied
up in the yard; the people of the Inn reported that the man that
brought her thither, had lighted off her about a quarter of an hour
before, had there tied her, but went away without saying anything to
anybody. Upon notice of this I gave order to the Master of the Inn
that if any body came to look after the mare, he should be sure to
seize and secure him, but no body came for her. The next morning which
was Sunday I summoned [a] Council, and we published a Proclamation,
wherein I promised a reward of 200[l.] for the seizing and securing
Gillam, whereupon there was the strictest search [all that] day, and
the next, that was ever made in this part of the world, but we had
missed him, if I had not been Informed of one Captain Knot, as an old
Pyrate and therefore likely [to k]now where Gillam was concealed.[7] I
sent for Knot and examined him, promising h[im if h]e would make an
Ingenious Confession, I would not molest or prosecute him; he seemed
[mu]ch disturbed, but would not confesse anything to purpose. I then
sent for his wife and examined her on oath apart from her husband, and
she confessed that one who went by the [name] of James Kelly had
lodged severall nights in her house, but for some nights past [lo]dged
as she believed in Charlestown Crosse the River. I knew he went by the
name of Kelly, [the]n I examined Captain Knot again, telling him his
wife had been more free and ingenious [tha]n him, which made him
believe she had told all; and then he told me of Francis Dole in
Charlestown, and that he believed Gillam would be found there. I sent
half a dousin men immediately over the water to Charlestown and Knot
with them, they beset the house, and searched it but found not the
man, Dole affirming with many protestations he was not there, neither
knew [of] any such man. Two of the men went through a field behind
Dole's house, and passing [thr]ough a second field they met a man in
the dark (for it was ten a clock at night) whom they [seize]d at all
adventures, and it happened as oddly as luckily to be Gillam, he had
been treating [some] young women some few miles off in the Country,
and was returning at night to his Landlord Dole's house, and so was
met with. I examined him, but he denied everything, even that he came
with Kidd from Madagascar, or ever saw him in his life; but Captain
Davies,[8] who also came thence with Kidd, and all Kidd's men, are
positive he is the man and that he went by his true name viz. Gillam,
all the while he was on the voyage with them, and Mr. Campbel the
Postmaster of this town (whom I sent to treat with Kidd) offers to
swear this is the man he saw on [bo]ard Kidd's sloop under the name of
James Gillam. He is the most impudent hardened V[illai]n I ever saw
in my whole life. That which led me to an Inquiry and search after
this man [was t]he Information of William Cuthbert on oath, which I
sent your Lordships with my packet of the 26th of this last July,[9]
wherein Cuthbert Informs that being lately in the East India Company's
service [it w]as commonly reported there that Gillam had killed
Captain Edgecomb with his own hand, that he had [s]erved the Mogul,
turned Mahometan and was Circumcised. I had him searched by a
[su]rgeon and also by a Jew in this Town, to know if he were
Circumcised, and they have both declared on oath that he is. Mr.
Cutler the surgeon's[10] deposition goes (No. 1) and Mr. Frazon the
Jew's (No. 2).[11] The rest of the Evidences about Gillam and some
other Pyrates go numbered from 3 to 23 inclusive, which I recommend to
your Lordships perusall, as what will inform you of the strange
Countenance given to Pyrats by the Government and people of
[Rhode]-Island. I have numbered the papers in order of time and
according to their dates: most have reference to Gillam, some to Kidd.
In searching the forementioned Captain Knot's house [a smal]l trunk
was found with some remnants of East India goods, and a Letter from
Kidd's wife to Captain Thomas Pain an old Pyrat living on Canonicot
Island in Rhode Island Governm[ent.][12] The affidavit he made when I
was at Rhode-Island goes numbered among the other evide[nce.] He then
made oath that he had received nothing from Kidd's sloop when she lay
at anchor by [_torn_] Island, yet by Knot's deposition your Lordships
will find, he was sent with Mrs. Kidd's letter to Pa[in for] 24 ounces
of gold, which Knot accordingly brought; and Mrs. Kidd's Injunction to
Pain to keep a[ll the] rest that was left with him till further order,
was a plain Indication that there was a good deal of [trea]sure still
behind in Pain's Custody, therefore I posted away a messenger to
Governor Crans[ton][13] and Colonel Sanford to make a strict search of
Pain's house before he could have notice; it see[ms] nothing was then
found, but Pain has since produced 18 ounces and odd weight of gold,
as appears by Cranston's Letter of the 25th Instant and pretends it
was bestowed on him by Kidd, hoping that may p[rove (?)] a salvo for
the oath he made when I was in Rhode-Island, but I think it is plain
he forswore himselfe then, and I am of opinion he has a great deal
more of Kidd's gold still in his hands. [But] he is out of my power,
and being in that Government I cannot compell him to deliver up th....

[Footnote 2: The letter in which no. 83 was enclosed; its substance is
given in _Cal. St. P. Col._, 1699, pp. 486-490.]

[Footnote 3: See doc. no. 77, note 8.]

[Footnote 4: See doc. no. 65, note 18, and no. 74, note 2.]

[Footnote 5: Francis Dowell, of Wapping Street, Charlestown, mariner.
T.B. Wyman, _Genealogies and Estates of Charlestown_, I. 301.]

[Footnote 6: Peleg Sandford, governor of Rhode Island 1680-1683.]

[Footnote 7: Andrew Knott's examination shows that he and Gillam had
known each other in Virginia years before, and had sailed together
under a privateer captain, making many prizes in the South Sea,
possibly in the expedition narrated in docs. no. 44 and no. 45. See
also doc. no. 68, paragraph 16 and note 18.]

[Footnote 8: Edward Davis of London, originally boatswain of the
_Fidelia_ (see doc. no. 90), whose deposition is in _Commons Journal_,
XIII. 28.]

[Footnote 9: _Commons Journal_, XIII. 26; narrative of William
Cuthbert, late gunner of the ship _Charles the Second_.]

[Footnote 10: John Cutler was a Dutch surgeon named De Messenmaker,
who on settling in New England translated his name into Cutler. His
marriage record in the town records of Hingham begins, "Johannes
Demesmaker, a Dutchman (who say his name in English is John Cutler)",
etc.]

[Footnote 11: Joseph Frazon, died 1704, buried in the Jewish cemetery
at Newport. The anonymous author of the anti-Mather pamphlet, _A
Modest Enquiry_ (London, 1707, reprinted in Mass. Hist. Soc., _Coll._,
fifth ser., VI.), p. 80*, accuses Cotton Mather of having "attempted a
Pretended Vision, to have converted Mr. Frasier a Jew, who had before
conceiv'd some good Notions of Christianity: The Consequence was, that
the Forgery was so plainly detected that Mr. C.M. confest it; after
which Mr. Frasier would never be perswaded to hear any more of
Christianity".]

[Footnote 12: Doc. no. 80.]

[Footnote 13: Samuel Cranston, governor of Rhode Island 1698-1728.]

Your Lordships will find in Captain Coddington's narrative number
35[14] and sent with my Report dated the 27th Instant an Inventory of
gold and Jew[els] in Governor Cranston's hands which he took from a
Pyrat. I see no reason why he should keep them ... so far from that,
that he (with submission) ought to be called to an account for
Conniving at the Py[rats] making that Island their Sanctuary, and
suffering some to escape from Justice. If there be an order sent to
him to deliver what gold and jewels is contained in the said
Inventory, and also the formentio[ned] parcel of gold which he
received from Pain, with all other goods and treasure which he has at
any time rec[eived] from Privateers or Pyrates, into my hands for the
use of his Majesty, and that upon oath, I will [see] the order
executed, and will give a faithfull account thereof according to the
order I shall re[ceive].

[Footnote 14: Nathaniel Coddington of Newport, register of the court
of admiralty in Rhode Island.]

Four pound weight of the gold brought from Gardiner's Island which I
formerly acquainted your Lordships of, and all the Jewels, belonged
to Gillam, as Mr. Gardiner's Letter to Mr. Dummer,[15] a Marchand in
t[he] town and one of the Committee appointed by me and the Council to
receive all the treasure and goods which [were] brought in Kidd's
sloop, will prove; and there is some proof of it in Captain
Coddington's b[efore men]tioned narrative, and in Captain Knot's
deposition of the 14th Instant. I am told that as Vice A[dmiral] of
these provinces I am entitled to 1/3 part of Gillam's said gold and
Jewels; I know not whe[ther I] am or no, but if it be my right I hope
your Lordships will please to represent to the King the ext[reme]
pains and vigilance I have used in taking these severall Pyrates, and
that I may have my [por]tion of the said gold and Jewels, if there be
any due to me. It is a great prejudice to the King's s[ervice] that
here is no Revenue or other fund to answer any occasion or service of
Majestys. I have [been] forced to disburse the 200 pieces of 8/8 for
the taking of Gillam out of my own little stock and also to [de]fray
my journey and other expences in going to Rhode-Island to execute the
King's Commission [and] Instructions. Both accounts I now send, and
beg your Lordships favour in promoting and Countenancing the payment
of that mony to Sir John Stanley for my use. Captain Gullock[16] tells
[me] that 15 or 16 of the ship's Company that would not be concerned
with Gillam and his accomplices in murdering Captain Edgecomb, and
afterwards turning Pyrates, went home to England in [the] Ship
_America_ belonging to the East India Company, Captain Laycock
Commander. I should thi[nk an] advertisement in the Gazette requiring
some of those men to appear before one of the Sec[retaries] of State
to give their evidence of what they know of that matter, would be
proper.

[Footnote 15: Jeremiah Dummer the elder, father of the publicist.]

[Footnote 16: Thomas Gullock was the captain of the ship which Bradish
had run away with. Sir John Stanley was an official of the lord
chamberlain's office.]

[Your] Lordships will meet with a passe among the other papers, number
5, to Sion Arnold, one of the [pirat]es brought from Madagascar by
Shelley of New York, the said passe signed by Mr. Basse,[17]
[Go]vernor of East and West Jerzies, which is a bold step in Basse
after such positive orders as he received from [Govern]or[18] Vernon,
but I perceive plainly the meaning of it, he took severall Pirats at
Burlington [in West] Jerzey, and a good store of mony with them as it
is said, and I daresay he would be glad they [should] escape, for when
they are gone, who can witnesse what money he seized with them? I know
[the] man so well, that I verily believe that is his plot. John Carr
mentioned in some of the [papers to (?)] be in Rhode Island, No. 6,
was one of Hore's Crew. There are abundance of other Pyrats in that
[Is]land at this time, but they are out of my power. Mr. Brinley,[19]
Colonel Sanford, and Captain Coddington are honest men, and of the
best estates in the Island, and because they are heartily [wea]ry of
the male administrations of that Government, and because too I
commissioned them (by [virt]ue of the authority and power given me by
his Majesty's Commission and Instructions so to do) to [make] Inquiry
into the Irregularities of those people, they are become strangely
odious to them and [are o]ften affronted by them, neither will they
make them Justices of the peace; so that when they [w]ould commit
Pyrates to Goal, they are forced to go to the Governor for his
Warrant, and very ... ly the Pyrates get notice, and avoid the Warrant
for that time. You may please to o[bser]ve too that Gardiner the
Deputy Collector[20] is accused to have been once a Pyrat, in one of
the [paper]s. I doubt he will forswear himselfe rather than part with
Gillam's gold which is in his hands. [It is] impossible for me to
transmit to the Lords of the Treasury these proofs against Gardiner.
[I am] so jaded with writing, that I cannot write to them by this
Conveyance, but I could wish [your Lordships might be (?)] made
acquainted with Gardiner's Character, and that they would send over
honest In----t men to be Collectors of Rhode Island, Conecticut, and
New Hampshire; and that they [would h]asten Mr. Brenton[21] hither to
his post, or send some other Collector in his room. I could [wish]
that Mr. Weaver were ordered to hasten to New York. Your Lordships may
please to observe that [Knott] in one of his depositions accuses
Gillam to have pyrated four years together in the [Sou]th sea against
the Spaniards.

[Footnote 17: On Shelley, see doc. no. 73, note 6. Jeremiah Basse was
deputy-governor of East and West New Jersey from 1697 to 1699. In a
letter of June 9 to Secretary Popple, _N.J. Archives_, first ser., II.
286-287, he describes his activity in manning a sloop and in person
capturing four of Shelley's men at Cape May, and committing them to
Burlington jail. "In their Chestes are about seaven thousand eight
hundred Rix dollars and Venetians, about thirty pound of melted
silver, a parcell of Arabian and Christian Gold, some necklases of
Amber and Corrall, sundry peaces of India silkes."]

[Footnote 18: If the word is Governor, it should be Secretary.]

[Footnote 19: Francis Brinley, one of the chief Newport merchants; he
had been a member of Andros's council.]

[Footnote 20: Robert Gardiner of Newport.]

[Footnote 21: Jahleel Brenton, for many years, beginning in 1691,
collector and surveyor of the customs for New England (and thus
Gardiner's superior officer) had gone to England as agent of Rhode
Island in her boundary dispute with Connecticut. Thomas Weaver, who
had been appointed collector for New York, was in London as agent for
that province.]

We have advice that Burk an Irishman and Pyrat that committed severall
robberies on th[e] [coast] of Newfoundland, is drowned with all his
ship's Company, except 7 or 8 persons somewh[ere to the] southward. It
is said he perished in the hurrican that was in those Seas about the
end of [July and] beginning of August last. It is good news, he was
very strong if we may believe report, [and is s]aid to have had a good
ship with a 140 men, and 24 guns.

[Bra]dish and Wetherley have a slight extraordinary in attempting to
escape, they [made] two attempts since they were last committed, once
they broke the floor of the prison and thought to escape that way, but
that failing them, within a night or two they filed off their fetters,
upon which I ordered them to be manicled, and chained to one another.
I believe this new Goaler I have got is honest, otherwise I should be
very uneasy for fear these Pyrats should escape....[22]

[Footnote 22: The rest of the letter has nothing to do with Kidd or
other pirates.]

I conclude with all respect

My Lords

Your Lordships most humble and obedient Servant

BELLOMONT.


_86. Information of Henry Bolton. February 4, 1701._[1]

[Footnote 1: From the manuscripts of the Duke of Portland at Welbeck
Abbey, a copy having been kindly furnished by the Rev. Richard W.
Goulding, librarian to the duke. The date Feb. 4, 1700, means Feb. 4,
1701, new style. Bolton's previous history and his relations with Kidd
are sufficiently shown by this and preceding documents. In 1700 he had
been shipped to England from Jamaica, and he was now, or at any rate
on Dec. 22, 1700, in Newgate prison under charges of piracy. _Cal. St.
P. Col._, 1700, p. 760.]

Information of Henry Bolton.

4th of February 1700

Being required by the Right hono'ble the Commission'rs for Executing
the office of High Admiral of England, Ireland etc. to informe their
Lord'ps of the place of my nativity, manner of Living for some time in
the West Indies, and particularly of my meeting and Transactions with
Capt. Kidd, I presume to make the following Answer, being the best and
fullest I can make at present having neither my Books or papers in
this Kingdome.

That I was born in Worcestershire about the yeare 1672 and in the year
1697 was Deputed by the Commissioners of his Maj'ties Customes for the
Leeward Islands to be Collector for the Island of Antigua.

That in the year 1698 following I quitted that Imployment[2] and
followed Merchandizing about the said Leeward Islands.

[Footnote 2: He was removed, and at the time of his removal he owed
the crown about £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 Dutch
and Spaniards. The Markett at Curacoa (a Dutch Island) not answering
my Ends I went to Rio De la Hacha,[3] and there sold my Cargoe, and
Loaded my Sloope with Stock Fish [and] Wood on Freight for Curacoa
aforesaid, which I there Landed and departed for the Island of Porto
Rico with intention to Trade with the Inhabitants of that Island,
having a Cargo on Board for that purpose.

[Footnote 3: On the Spanish Main, or north coast of South America,
about 300 miles west of Curaçao.]

That in that Voyage in the Moneth of Aprill 1699 being becalmed to the
N.N.E. of the Island Mona the Men belonging to the Sloop discovered a
Sail E. and B.S.[4] from Mona which the Pilote of the Sloope supposed
to be a Guarda Costa, a small vessell fitted out by the Spanish
Governors to clear the Coast of Foreign Traders. A few houres after
Wee discovered a Cannoa, which drawing near the Sloope, Wee hailed the
said Cannoa. They answered from Whitehall. Wee demanded who Commanded
their Shipp. They Replyed Capt. Kidd. Then he that stired[5] the
Cannoa was desired to come on Board. After he came he told me his name
was John Ware, and that he was Master of Capt. Kidd's Ship, requesting
that I would goe on Board in the Cannoa to see Capt. Kidd which
accordingly I did. When I came there Captain Kidd askt me to sell him
my Sloope in regard his Ship was disabled and could not well proceed
the voyage he intended for New Yorke, and finding me unwilling he then
askt if I could not procure him a Vessell. I answered possibly I might
at Curacao, upon which he desired me to use my Endeavors there to get
him a Sloope, and procure him some Buyers or Chapmen[6] for his
Calicos and Muslings, And that he would consider me for my paynes.

[Footnote 4: East and by south, _i.e._, midway between east and
eastsoutheast.]

[Footnote 5: Steered.]

[Footnote 6: _I.e._, Some customers or some selling agents.]

That thereupon I departed from Capt. Kidd and went for Curacao where I
applyed my selfe to Mr John Stonehouse and Mr Walter Gribble[7]
(Acquaintance of Captain Kidd) who promised to send A Sloope to him. I
also Endeavored to procure him some Buyers for the Muslings and
Callicos.

[Footnote 7: See doc. no. 76, note 21.]

That after doing my Errand and business at Curacao I ordered the
Master of the Sloope to shape his Course for the West End of Porto
Rico, But the Wind proving Northerly Wee fell in with the East end of
Savona and plyed to Winward for Mona in order to meet Captain Kidd,
which I there did according to Appointm't and with him a Dutch Sloope,
Jean Vander Bist Master, and a French Turtler, the Master's name I
have forgot; Captain Kidd waited at Mona for the Curacao vessells But
the Wind being about No. and from thence to NNE they could not
possibly Fetch Mona, So Captain Kidd's patience being tyred gott his
ship under Saile and intended to Weather point Esperdo,[8] the
Eastermost part of Hispaniola, but the Deficiencies of his Ship being
so great he bore away for the West end of Savona, and there Anchored.
a Day or two afterwards came into Our Company the Brigandin _Mary
Gold_, George Lorriston Master, and the _Elenora_, John Duncan Master.
Then Cap't Kidd weighed Anchor with the sloop _Spey_, John Vander Bist
Master, and Brigandine _Mary Gold_, sailed for the River Higuey in the
Island Hispaniola where Arriving he moored his ship across the River
to the Stumps of Trees or Rocks on shoar.

[Footnote 8: Punta Espada.]

That there Capt. Kidd disposed of wine, part of his Cargoe, to
severall that came on Board to him And that at the same time I sold
him the Sloope _St. Antonio_.

That Capt. Kidd tooke severall Goods out of his ship, and put them on
Board the Sloope I sould him and left his owne ship in the River
Higuey and desired me to doe him all the service I could in selling
and disposeing of the Goods left on Board of the said ship for Account
of the Owners of the _Adventure Galley_.

That Captain Kidd told me that my Lord Bellomont and my Lord of
Orford[9] and himselfe were some of the _Adventure Galleys_ owners and
to the best of my Remembrance Sir John Somers.

[Footnote 9: The Sir Edward Russell of doc. no. 71, note 1. He had
been created earl of Orford in 1697.]

That Capt. Kidd shewed me a Commission under the Great Seale signed at
the Topp William Rex and another Commission signed by the Lords of the
Admiralty, the purport of neither of which I can remember, onely Capt.
Kidd sayd his Commissions impowred him to take pirates and the
subjects of the French King.

That Capt. Kidd at his going to New Yorke promised to return himselfe
or send some other persons in two Moneths time to bring Necessaryes
for refitting his said ship the _Adventure Prize_ and also a
Condemnation for the said ship and Goods and to indempnifye all
persons that should purchase any of the said Goods, alledging that the
said ship was a lawfull prize being taken with a French passe which
Captain Kidd shewed me, and actually in the time of War with
France.[10]

[Footnote 10: See doc. no. 76, note 9.]

That after the Departure of Capt. Kidd the Seamen shiped by him in the
said ship did plunder and convert to their owne uses the best and most
choicest of the goods of the said ships Cargoe, which did not come to
my Knowledge till they had been near Five Weeks on board the said
ship, and indeed it was out of my power to prevent them had I
discovered it sooner being only myselfe and Negro Boy, And they were
Eighteen in numbers.

That the said Seamen belonging to the said ship as afores'd when they
found I was not ignorant of their villanies openly declared they would
not stay longer on board the said ship, but being terrified with the
thoughts of Capt Kidds returning, they Joyned all (saving the
Boatswaine) and came on the Quarter Deck and said I might remain in
the ship and be damned for they would stay no longer. The Man that
thus affronted me I shoved on the main Deck[11] and ordered the rest
to go on the Main Deck likewise and told them they had engaged
themselves to Capt. Kidd to stay on board the ship as long as I should
be there, And that I was resolved to stay till the two Months in which
Capt. Kidd promised to return were expired unless some Extraordinary
Accident intervened: I also charged them with stealing out of the
Ships Hould severall Bales of Goods And that if they went from the
Ship before Capt. Kidd's Arrivall I was oblidged as his Friend and in
my owne Justification to write to all Governm'ts in those parts to
have them secured; this calmed them for two or three dayes.

[Footnote 11: _I.e._, shoved down from the quarter-deck onto the main
deck.]

That the said Seamen did again Joyne and draw up a Paper directed to
me setting forth their Resolution of leaving the Ship and signed with
their names within a Circle commonly called a Round Robin, so gott on
board A Sloope and went for the Island Curacao leaving the Ship to me
and three more.

That after the departure of the said Seamen I stayd about a Week in
the ship and would have stayed longer had not a Friend of myne sent a
Sloope Express from Curacao to informe me the Spaniards of the Citty
of St. Domingo[12] were arming out a Brigandine to come and take us,
which induced me to leave the said ship _Adventure Prize_ in the said
River Higuey and went to the Island Curacao in order to protest ag't
the Seamen as aforesaid and to get what satisfaction the Law would
allow, For at that time they had most of them three or Four hundred
pounds a Man. But the said Seamen had gained their Ends so farr in the
Governm't that the Governor would not admitt me to stay in Curacao
tho' at the same time John Ware Master of Capt. Kidd's ship and the
said seamen were there openly protected; I do not charge this on the
Govern'r[13] (who is since dead) For I should be very sorry to
disturbe the Ashes of so good a Gentleman as I believe he was, but on
some of his Councill that did not desire I should face them.

[Footnote 12: Not a hundred miles away.]

[Footnote 13: Bastiaen (Sebastian) Bernage.]

That I have not received of the produce of the Goods Capt. Kidd left
upwards of three hundred and Eighty peices of Eight, all the rest is
in Debts outstanding which is much less than my Charges.[14]

[Footnote 14: But John Ruggles, master's mate of the _Primrose_ of
Boston, testified that, drinking in a public house at Charles Town,
Nevis, with William Cheesers and William Daniel, he heard the former
say that Bolton had got £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'ps
Demands February 4th, 1700.

HEN. BOLTON.


_87. William Kidd to the Speaker of the House of Commons (Robert
Harley). April (?), 1701._[1]

[Footnote 1: From the manuscripts of the Duke of Portland at Welbeck
Abbey. The Historical Manuscripts Commission's calendar of those
archives, IV. 16, wrongly gives this petition the same date as the
next document, May 12, 1701. This petition was written before the
trials, which occurred on May 8 and 9, but after Kidd's appearances
before the House of Commons, which occurred on Mar. 27 and 31;
_Commons Journal_, XIII. 441, 463. Kidd, Gillam, Bradish, Witherley,
and 28 other pirates, mostly members of Kidd's crew, were shipped from
Boston soon after March 6, 1700 (eight months after his arrest), on
the _Advice_ frigate, and arrived in the Downs Apr. 11, the day on
which King William brought to an end, by prorogation, the session of
Parliament. In that session, chiefly as a means of attacking Somers,
the lord chancellor, a party in the House of Commons had assailed the
grant of letters patent under which Kidd's enterprise had been
undertaken (Dec. 6, 1699). They were outvoted, but on Mar. 16, 1700, a
vote was passed for addressing the king that Kidd should not be tried,
discharged, or pardoned till the next session of Parliament. The
Admiralty concurred, May 2. The new Parliament came together Feb. 6,
1701; Harley was chosen speaker Feb. 11; the impeachment of Somers and
Orford, in which the contract with Kidd was made the basis of one
article, was voted Apr. 14.]

_May it please Y'r Hon'r_

The long Imprisonment I have undergone, or the tryall I am to
undergoe, are not soe great an affliction to me, as my not being able
to give your Hon'ble House of Commons such satisfaction as was
Expected from me. I hope I have not offended against the Law, but if I
have, It was the fault of others who knew better, and made me the Tool
of their Ambition and Avarice, and who now perhaps think it their
Interest that I should be removed out of the world.

I did not seek the Commission I undertook, but was partly Cajold, and
partly menac'd into it by the Lord Bellomont, and one Robert
Livingston of New York, who was the projector, promoter, and Chief
Manager of that designe, and who only can give your House a
satisfactory account of all the Transactions of my Owners. He was the
man admitted into their Closets, and received their private
Instructions, which he kept in his own hands, and who encouraged me in
their names to doe more than I ever did, and to act without regard to
my Commission. I would not Exceed my Authority, and took noe other
ships than such as had French passes, which I brought with me to New
England, and relyed upon for my Justification. But my Lord Bellomont
seized upon them together with my Cargoe, and tho he promised to send
them into England, yet has he detained part of the effects, kept these
passes wholly from me, and has stript me of all the Defence I have to
make, which is such Barbarous, as well as dishonorable usage, as I
hope Your Hon'ble House will not let an Englishman suffer, how
unfortunate soever his Circumstances are; but will intercede with his
Maj'ty to defer my tryall till I can have those passes, and that
Livingston may be brought under Your Examination, and Confronted by
me.[2]

[Footnote 2: Whether the presence of the French passes at the trial
for piracy would have brought about Kidd's acquittal may be doubted,
courts of justice being what they were; at all events Kidd, though he
clamored for them from the day of his arrival in the Downs (_Portland
MSS._, VIII. 78) till the day he was sentenced, was never able to
recover them. The admiralty court refused to consider them. "Where are
they?" said the Lord Chief Baron Ward. Kidd's counsel could only
reply, "We cannot yet tell whether they are in the Admiralty-Office,
or whether Mr. Jodrell [clerk of the House of Commons] hath them".
_State Trials_, V. 290. In point of fact the House of Commons, which
had had all the papers before it for examination, had on Apr. 16, on
information that Kidd desired the use of his papers at his trial,
ordered the clerk to deliver them to the secretary of the Admiralty.
_Commons Journal_, XIII. 379, 380, 496.--A photographic facsimile of
the pass of the _Cara_ (_Quedah_) _Merchant_ is in Paine, _Book of
Buried Treasure_, at p. 104.]

I cannot be so unjust to my selfe, as to plead to an Indictment till
the French passes are restored to me, unlesse I would be accessary to
my own destruction,[3] for though I can make proof that the ships I
took had such passes, I am advised by Council, that It will little
avail me without producing the passes themselves. I was in great
Consternation when I was before that great Assembly, Your Hon'ble
House, which with the disadvantages of a mean Capacity, want of
Education, and a Spirit Cramped by Long Confinem't, made me Uncapable
of representing my Case; and I have therefore presumed to send your
Honor a short and true state of It, which I humbly beg Your Honors
perusall, and Communication of to the House, if you think it worthy
their Notice.[4]

[Footnote 3: So when first arraigned, he tried to avoid pleading
(_ibid._, 287), but he was tried first for the murder of William
Moore, on which the passes had no bearing. William Moore was an
insubordinate gunner; after an altercation, Kidd hit him on the head
with a bucket, and he died. It was probably manslaughter, but the jury
sustained the indictment for murder. After being condemned for murder,
Kidd was tried (unfairly in several particulars) and condemned for
piracy.]

[Footnote 4: Not doc. no. 88, I judge, but more probably the "Protest"
printed in _Portland MSS._, VIII. 78-80, a statement of Kidd's case
which he had drawn up at Boston and on arrival in the Downs had sent
to Orford.]

I humbly crave leave to acquaint Your Honor that I was not privy to my
being sent for up to Your House the second time, nor to the paper
lately printed in my name[5] (both which may justly give Offence to
the House) but I owe the first to a Coffeeman in the Court of Wards
who designed to make a shew of me, for his profit; and the latter was
done by one Newy a prisoner in Newgate to get money for his support,
at the hazard of my safety.

[Footnote 5: I cannot identify this paper (probably a broadside), but
the ingenious Newy was doubtless the author of _Captain Charles Newy's
Case, impartially laid open: or a ... Narrative of the Clandestine
Proceedings aginst_ (sic) _him, as it was hatched ... and ... carried
on by Mrs. M. Newey, widdow_ (London, 1700), a pamphlet which I have
not seen, but of which there is a copy in the British Museum.]

I humbly beg the Compassion and protection of the Hon'ble House of
Commons, and Your Honors intercession with them on behalfe of

Your Honors

Most Dutifull and Distressed Serv't

WM. KIDD.


_88. William Kidd to Robert Harley [?]. May 12, 1701._[1]

[Footnote 1: From the manuscripts of the Duke of Portland at Welbeck
Abbey. See doc. no. 87, and notes. The trials had taken place on May 8
and 9, and Kidd was now under sentence. He was hanged at Wapping on
the shore of the Thames, May 23, 1701. The precept, or order for his
execution, at Wapping "infra fluxum et refluxum maris" (_i.e._,
between high-water and low-water mark, according to admiralty custom),
is quoted in Marsden, _Law and Custom of the Sea_ (Navy Records
Society), II. 263.]

_S'r_

The Sence of my present Condition (being under Condemnation) and the
thoughts of haveing bene imposed on by such as seek't my destruction
therby to fulfill their ambitious desieres makes me uncapable of
Expressing my selfe in those terms as I ought, therefore doe most
humbly pray that you will be pleased to represent to the Hon'bl.
house of Commons that in my late proceedings in the Indies I have
Lodged goods and Tresure to the value of one hundred thousand
pounds[2] which I desiere the Government may have the benefitt of, in
order thereto I shall desiere no manner of liberty but to be kept
prisonner on board such shipp as may be appointed for that purpose,
and only give the necessary directions, and in case I faile therein I
desiere no favour but to be forthwith Executed acording to my
Sentance. if y'r honbl. house will please to order a Committee to come
to me I doubt not but to give such satisfaction as may obtaine mercy,
most Humbly submitting to the wisdom of your great assembly I am

S'r Y'r Unfortunate humble servant

WM. KIDD

NEW GATE
  12th May 1701

[Footnote 2: His first figure, as quoted by Bellomont in doc. no. 77,
was £30,000.]


_89. Captain Kid's Farewel to the Seas; or, the Famous Pirate's
Lament. 1701._[1]

[Footnote 1: Of this ballad, contemporary with Kidd's execution, there
is a unique copy in the famous collection of pamphlets belonging to
the Earl of Crawford, from which it is reprinted in Professor Firth's
_Naval Songs and Ballads_, pp. 134-37, published by the Navy Records
Society. By oral transmission it had wide currency in New England.
There are bits of it in Palfrey, _New England_, IV. 185, and in
Watson's _Annals of Philadelphia_, ed. 1830, p. 464; and the editor
remembers hearing his Salem grandmother sing parts of it. Professor
George L. Kittredge says that the Harvard College Library has a
broadside of this American version, printed in Boston about 1810-1820,
which, with some differences in the order of stanzas, is printed in
Dr. E.E. Hale's _New England History in Ballads_, pp. 40-46. The
original version, which we print, purports to be written between
sentence and execution, May 9-23, 1701, and follows closely the chief
incidents brought out in the trials, and in the documents which
precede.]

To the Tune of _Coming down_.

    My name is Captain Kid, who has sail' [who has sail'd],
    My name is Captain Kid, who has sail'd;
      My name is Captain Kid.
      What the laws did still forbid
    Unluckily I did while I sail'd [while I sailed, etc.].

    Upon the ocean wide, when I sail'd, etc.,
    Upon the ocean wide, when I sail'd,
      Upon the ocean wide
      I robbed on every side,
    With most ambitious pride, when I sail'd.

    My faults I will display while I sail'd, etc.,
    My faults I will display while I sail'd;
      My faults I will display,
      Committed day by day
    [_A line lost._]

    Many long leagues from shore when I sail'd, etc.,
    Many long leagues from shore when I sail'd,
      Many long leagues from shore
      I murdered William More,
    And laid him in his gore, when I sail'd,

    Because a word he spoke when I sail'd, etc.,
    Because a word he spoke when I sail'd,
      Because a word he spoke,
      I with a bucket broke
    His scull at one sad stroke, while I sail'd.[2]

    I struck with a good will when I sail'd, etc.,
    I struck with a good will when I sail'd;
      I struck with a good will,
      And did a gunner kill
    As being cruel still when I sail'd.

    A Quida merchant[3] then while I sail'd, etc.,
    A Quida merchant then while I sail'd,
      A Quida merchant then
      I robbed of hundreds ten,
    Assisted by my men, while I sailed.

    A banker's ship of France,[4] while I sailed, etc.,
    A banker's ship of France, while I sailed,
      A banker's ship of France
      Before us did advance:
    I seized her by chance, while I sailed.

    Full fourteen ships I see when I sailed, etc.,
    Full fourteen ships I see when I sailed;
      Full fourteen ships I see,
      Merchants of high degree;
    They were too hard for me when I sailed.[5]

    We steered from sound to sound while we sailed,
    We steered from sound to sound while we sailed;
      We steered from sound to sound,
      A Moorish ship we found;
    Her men we stript and bound while we sailed.

    Upon the ocean seas while we sailed, etc.,
    Upon the ocean seas while we sailed,
      Upon the ocean seas
      A warlike Portuguese
    In sport did us displease, while we sailed.

    At famous Malabar when we sailed, etc.,
    At famous Malabar when we sailed,
      At famous Malabar
      We went ashore, each tar,
    And robbed the natives there, when we sailed.

    Then after this we chased, while we sailed,
    Then after this we chased, while we sailed,
      Then after this we chased
      A rich Armenian, graced
    With wealth, which we embraced, while we sailed.

    Many Moorish ships we took while we sailed,
    Many Moorish ships we took while we sailed,
      Many Moorish ships we took;
      We did still for plunder look;
    All conscience we forsook while we sailed.

    I, Captain Cullifoord, while I sailed, etc.,
    I, Captain Cullifoord, while I sailed,
      I, Captain Cullifoord,
      Did many merchants board,
    Which did much wealth afford, while we sailed.

    Two hundred bars of gold, while we sail'd, etc.,
    Two hundred bars of gold, while we sailed,
      Two hundred bars of gold
      And rix dollars manifold
    We seized uncontrolled, while we sailed.

    _St. John_, a ship of fame,[6] when we sailed, etc.,
    _St. John_, a ship of fame, when we sailed,
      _St. John_, a ship of fame,
      We plundered when she came,
    With more that I could name, when we sailed.

    We taken was at last, and must die, etc.,
    We taken was at last, and must die;
      We taken were at last,
      And into prison cast:
    Now, sentence being past, we must die.

    Tho' we have reigned awhile we must die, etc.,
    Tho' we have reigned awhile we must die;
      Tho' we have reigned awhile,
      While fortune seemed to smile,
    Now on the British Isle we must die.

    Farewel the ocean main, we must die, etc.,
    Farewel the ocean main, we must die;
      Farewel the ocean main:
      The coast of France or Spain
    We ne'er shall see again; we must die.

    From Newgate now in carts we must go, etc.,
    [From Newgate now in carts we must goe;]
      From Newgate now in carts,
      With sad and heavy hearts,
    To have our due deserts we must go.

    Some thousands they will flock when we die,
    Some thousands they will flock when we die,
      Some thousands they will flock
      To Execution Dock,
    Where we must stand the shock and must die.

[Footnote 2: See doc. no. 87, note 3. Captain Kidd, says the record of
the trial (_State Trials_, V. 290), called Moore "a lousy dog". "Says
William Moore, 'If I am a lousy dog, you have made me so; you have
brought me to ruin, and many more'. Upon his saying this, says Captain
Kid, 'Have I ruined you, ye dog?' and took a bucket bound with iron
hoops and struck him on the right side of the head, of which he died
next day."]

[Footnote 3: See document 76, note 9.]

[Footnote 4: _I.e._, a French fishing ship, bound to the banks of
Newfoundland. See the second paragraph of doc. no. 76, Kidd's
statement.]

[Footnote 5: The reference is to Kidd's projected, but abandoned,
attack on the "Mocha fleet" at Babs Key, near the mouth of the Red
Sea.]

[Footnote 6: This ship I do not identify; the name is perhaps due to
misunderstanding of a passage in the trials.]




THE _FIDELIA_.


_90. Examination of William Sims. October 22, 1699._[1]

[Footnote 1: Suffolk Court Files, Boston, no. 4682, paper 3. The case
is not precisely one of piracy, though piracy was at first suspected,
but rather of the receipt of piratical goods. Bellomont writes to the
Board of Trade, Oct. 24, 1699 (_Cal. St. P. Col._, 1699, p. 486), that
he had lately seized at Boston a ship and some East India goods; that
the officers of the custom house were not nimble enough or they had
got all the goods, worth above £2000; that that which first gave him a
"jealousy" of the ship was the fact that the master, William Sims, a
man formerly burnt in the hand for stealing, had gone forth a poor man
and come back master and half owner of a ship. The ship was seized,
condemned, and sold for the crown, and Sims committed to jail. He had
sailed as master of a sloop to Curaçao, and thence to Crab Island
(Vieques, see doc. no. 72, note 5). _Ibid._, 499. Bellomont suspected
that what he found there in August had been derived from Kidd in May.]

Suffolk SS.   BOSTON, October 22, 1699
              nine a clock at night:

The Examination of William Syms of Boston, Marriner, Master of the
Ship _Fidelia_, as followeth, Vizt.

The Examinant saith That sometime in the month of August last past, he
being at Crabb Island in the West Indies, where was lying the sd Ship
_Fidelia_, one Tempest Rogers then Master of her,[2] of whome this
Examinant and John Brett of Antigua Merchant (then at the aforesd
Island) bought the sd Ship, and the Examinant was Ships' Master of
her, and after their buying of the sd Ship, the sd Rogers tooke out of
the sd Ship seaveral Bayles of Goods to the number of about twenty and
laded them upon the Sloop which he had of the Examin't in part payment
for the Ship, and left several bayles on board the Ship wch this
Examinant Supposeth the said Mr. Brett bought of him: said Rogers
declared that he came from the Coast of Guinea, saying also that he
had been at Madagascar, and the Examinant saw the sd Rogers Sell
several Bayles of Goods at Crabb Island to several Merchants that came
thither: which Bayles were opened and contained Silke Muslins and
other Muslins, Callico's and other East India Goods, and sd Rogers
said he had remitted home to his owners the value of Twenty seven
Thousand pounds in money by good bills of Exchange. and after the
Examin't left Crabb Island with his Ship he Stopt at Portreico,[3]
tooke in some Ballast and Provisions and came directly for New
England, Mr. Brett aforesd, his Merchant and part owner, being on
board, and when they came into the Massachusetts Bay as high as the
Gurnett[4] off Plymouth, they spoke to a Sloop that was then fishing
in the Bay to come onboard, and sd Brett treated with the sd Sloopmen,
and the Bayles then on board the sd Ship to the number of Fourteen or
Fifteen, containing (as the Examinant supposeth) East India Goods,
were put out of the Ship into the sd Sloop, and the Examinant and sd
Brett also went onboard of her leaving the Ship in charge with James
Williams the Mate, and came up to Boston in the Sloop bringing in her
the aforementioned Bayles, and arrived there on a Monday night about
the latter end of September last past about Eight aclock in the
Evening, at the Wharffe on the backside of the Queen's head Inn, and
the Examinant went with sd Brett into the aforesaid Inn to procure a
Lodging for him and then went directly home to his own house; Saith he
knows not when or where the sd Bayles were put on shore nor how
disposed of, he signed no Bills of Ladeing nor receipt for them: And
Saith he knows neither the Sloop nor men which brought them up;
Supposeth it to be a Sloop belonging to some Country Town lying on the
Sea Coast. Further the Examinant saith that the sd Brett was not
willing to have come with the sd Ship to New England but would have
gone to Carolina or East Jersey.

WILLIAM SIMS

Capt. Cor. ISA. ADDINGTON, J.Pc.

     [Marginal note] the sd Bayles were about three foot and a
     halfe long, about a foot and a halfe over and something more
     than a foot deep, each of them.

[Footnote 2: She had cleared from London in November, 1697, for
Madagascar (testimony of Edward Davis, her boatswain, who on arrival
there in July, 1698, joined himself to Kidd, and came home with him,
_Commons Journal_, XIII. 28). After selling the _Fidelia_ and her
goods, alleged to be largely Kidd's, Capt. Tempest Rogers settled at
St. Thomas, where, says Richard Oglethorp (_Cal. St. P. Col._,
1706-1708, p. 24), "any piratt for a smale matter of money may bee
naterlized Deane"; there he became "a sworn Deane", removed to St.
Eustatius (Dutch), engaged in the contraband trade which these neutral
islands maintained during the war between Great Britain and France,
and finally died among the French--_ubi bene, ibi patria_.]

[Footnote 3: Puerto Rico.]

[Footnote 4: The Gurnet is the north point of the entrance to Plymouth
harbor.]




_LA PAIX._


_91. Orders of Governor Nicholson to County Officers. April 28,
1700._[1]

[Footnote 1: Oxford, Bodleian Library, MS. Rawlinson C. 933, fol. 8;
also in P.R.O., C.O. 5:1311, no. 16. The piracies of _La Paix_, inside
the capes of Virginia, show how bold the pirates had become, between
wars, and the story of her capture how real the danger. She was a
Dutch ship, which, seized by pirates, had run quite a career of
depredation in the West Indies before she and her consorts appeared in
Lynnhaven Bay. Her whole story is told in Bruce, _Institutional
History of Virginia_, II. 217-226, and there the history of her
capture may be followed consecutively, but the documents here
presented show vividly how the news of her villanies and of her fate
came to the authorities. The trial of the pirates is in C.O. 5:1411,
Public Record Office (transcript in the Library of Congress). Col.
Francis Nicholson was now governing Virginia for the second time,
1698-1705. Being himself in Elizabeth City County, he addresses these
orders to the commanders of the militia in York, the next county.
Gloucester, Middlesex, Lancaster, Northumberland, and Westmoreland,
named below, were, in succession, the maritime counties lying to the
northward.]

Virginia SS.

KIQUOTAN[2] Aprill 28th 1700 between
3 and 4 a Clock in the
  afternoon.

[Footnote 2: Hampton.]

Capt. John Aldred, Commander of his Maj'tes Ship _Essex Prize_,[3]
hath just now given me an Account that there are 3 or 4 Ships or
vessels in Lynhaven-bay,[4] who are supposed to be pyrates. I doe
therefore in his Maj'tes Name command you that upon Sight hereof you
give Notice to the Commanders of the Ships and vessels in York River
that they take care of their Ships and vessels, and that you do
Imediately Order the Militia in your parts to be ready, and you must
fortwith dispatch an Express to the Colo. and Chief Officers of the
Militia of Gloster, whom I also hereby Command in his Maj'tes Name to
have their Militia ready, and they are forthwith to dispatch an
Express to the Colo. or chief officers of Middlesex, whom I doe also
in his Maj'tes Name Command to have their Militia ready, and they are
to give Notice to the Commanders of ships and vessells in
Rappahannock, that they may take care of their ships and vessels, and
the officers of Middlesex are imediatly to send an Express to the
Colo. and Chief officers of Lancaster, whom I do also in his Maj'tes
Name command to have their Militia ready, and if any Ship or vessel be
in their County, to give them Notice that they may take care of their
ships and vessels, and the oficers of Lancaster are forthwith to send
an Express to the Collo. or Chief officers of the Militia of
Northumberland, whom I do also in his Maj'tes Name Command to have
their Militia ready, and they are to give Notice to the Commanders of
ships or vessels in their County that they take care of their ships
and vessels, and the Colonel or Chief officers of Northumberland are
imediatly to send an Express to the Colo. or Chief Officers of the
Militia of Westmoreland, whom I doe also in his Maj'tes Name command
to have their Militia ready, and if any Ship or vessel be in their
County to give the Commanders Notice that they may take Care of their
Ships and vessels. The Colonel or Chief officers of Northumberland I
doe hereby Impower in his Maj'tes Name forthwith to press a good boat
and able men and send an account to any of his Maj'tes officers either
Military or Civill in his Maj'tes Province of Maryland, of these 3 or
4 ships or vessels being in Lynhaven bay, and that they are desired
imediately to Dispatch an Express to his Excell'y Nathaniel Blakiston,
Esqr., his Maj'tes Capt. Gen'll and Governor in Chief and Vice Admiral
of his Maj'tes Province of Maryland. And I do in his Maj'tes Name
Command all officers both Millitary and Civil to Obey and follow these
my Commands, and all his Maj'tes Loveing Subjects are hereby required
to pay all due Obedience to these my Commands and to be Aiding and
Assisting what in them lyes to their officers both millitary and
Civill, and I do further hereby command all officers both millitary
and Civill, and all other his Maj'tes Loveing Subjects, Strictly to
observe and put in Execution an Act Passed last Session of Assembly
against Pyrates and privateers.[5] And I doe hereby promise to any
person or persons who shall take or kill any Pyrate that shall belong
to Either of these 3 or 4 ships or vessells now in Lyn haven bay, a
reward of twenty pound sterling for Each pyrate that they shall either
take or kill, And lastly I do in his Maj'tes Name Command all officers
both Military and Civill and all his Maj'tes Loveing Subjects of this
his Maj'tes most ancient and great Colony and Dominion of virginia,
that they will give all Due Obedience and follow all these my Commands
as they will answer the Contrary at their utmost perills. Given under
my hand and lesser Seal at Arms the Day and year above written, in the
twelfth year of the Reign of our Sovereign Lord William the third, by
the grace of God of England, Scotland, France, and Ireland King,
Defender of the faith, etc.

[Footnote 3: A guardship of the royal navy was in these days kept in
Virginian waters. At the moment, it happened, there were two, the
_Essex Prize_, 16 guns, which had been there since the spring of 1698
and was now about to return to England, and the _Shoreham_, Capt.
William Passenger, a larger vessel which was to take her place, and
which had arrived Apr. 10, 1700. The _Essex Prize_ was careened at the
moment, and not available; Beverley, _History of Virginia_, p. 94.]

[Footnote 4: A roadstead on the south side of the Chesapeake, between
Cape Henry and Willoughby Spit.]

[Footnote 5: The act is in Hening, _Statutes at Large of Virginia_,
III. 176-179, passed in May, 1699. It had been superseded by the act
11 and 12 Will. III. c. 7, passed in the session of Parliament just
ended, that of Nov. 16, 1699-Apr. 11, 1700, but that fact would not
yet be known in Virginia. On Apr. 28, 1699, the Virginia council had
issued a proclamation against pirates, which is printed in the
_Virginia Magazine of History_, VIII. 191.]

To Lieut Collo. Thomas Ballard
or Majr. William Buckner at York Town

who are to take a Copy hereof, and Dispatch it as Directed and Each
Colonel or Chief officer is also to take a Copy hereof and dispatch it
as Directed. Lieut. Collo. Thomas Ballard and Major Wm. Buckner are
to send an Express to the Hon'ble Col. Edmd. Jenings, with a Copy of
this, and they are likewise to send a Copy of this to Collo. Philip
Ludwell, who is in his Maj'tes Name Commanded to have the Militia of
James City ready by this Order of

KIQUOTAN, Ap'll 28th 1700

Whereas this Day I have received Informacion that there is three or
four ships or vessels now riding at anchor in Lynhaven bay, suspected
to be Pyrates or Privateers,

These are therefore in his Maj'tes Name to will and require you on
Sight hereof to give Notice to all officers and Souldiers under your
Comand to be in readiness with their Armes and amunition at one houres
Warning as you Shall receive further Orders. given under my hand and
Lesser Seal at Armes the Day and Year above written.

To Lieut. Collo. Miles Cary,
Comander in Chief of his
Maj'tes Militia in Warwick County.[6]...

FR. NICHOLSON.

[Footnote 6: Warwick and James City lay westward, up the James River.
A series of directions like those sent northward was also sent
southward, to Norfolk, Princess Anne, Nansemond, and Isle of Wight.]


_92. Deposition of William Fletcher. May 2, 1700._[1]

[Footnote 1: Bodleian Library, MS. Rawlinson C. 933, f. 12. An
enclosure in no. 93.]

The Deposition of William Fletcher, Master of the ship _Barbadoes
merchant_ of Leverpoole, Sworne the Second Day of May 1700, Saith

That about 30 Leagues from the Capes upon the 23th Day of Aprill A
pink[2] of about 100 tons bound from Barbadoes to virginia, no great
guns, and between 50 or 60 men, most french and Dutch and some Irish
men[3] lately taken by Pyrates, Seized his ship, rifled her, and
barberously used him and a Merchant belonging to him, by whom they had
accot. that the Cheif Pirate[4] was about 24 Guns and about 140 Tons,
and another about the same burthen but what force he could not learn,
and a Sloope of Six Guns: in all 4 pirates. Designing to get some good
Ships and more Company as they Could, [they favored (?)] this Deponant
and used much kindness to his men and persuaded them to goe with them,
which when they refused the Pirates used them Cruelly, cut away all
his Masts, Sailes and Rigging and bolespritt,[5] and threw all over
Board, tooke all their Candles, broke their Compases, and Disabled
them soe as they Supposed the ship would perish and never give
Intelligence: and all 4 of the Pirates would pass by them and in a way
of Deriding ask why they Cut away their Masts, and soe left them,
Supposeing they had left them nothing to help themselves, for they
threw over Board a Spare topmast which lay upon the Deck, but by
providence their foremast and Sailes and Rigging thereof hung by their
Side unknown to the Pirates, wherewith they fitted Jewry Masts[6] and
found a Compass under some old Oakcum, with which on Sunday night the
28th Day of Aprill they got into the Capes and are now in Accomack:[7]
but took away all Letters, Papers, Bookes, Certificates and
Cocquits,[8] and would not leave any manner of writings, soe as they
have no thing to Shew, tooke away his Carpenter, and another man, and
took away his Long boat, and Complained for want of Powder and
tobacco, and beat this Depont. after they had Stript him, that if an
Irishmen had not Interceeded he beleves they would have kild him with
the flat of their Curtle-axes,[9] the Cruelty being used to them by
french men, and saw no Englishmen, all which and much more barbarity
this Depont. affirmeth to be truth

WM. FLETCHER.

Sworn the second Day
of May 1700 before
Cha. Scarburgh.

[Footnote 2: A pink was a vessel having a narrow stern, bulging sides,
and a flattish bottom.]

[Footnote 3: The crew of _La Paix_ is reported in the trial to
comprise three Dutchmen, one Swede, one Norwegian, one Englishman, the
rest French or from the French islands.]

[Footnote 4: _La Paix._]

[Footnote 5: Bowsprit.]

[Footnote 6: A jury-mast is a temporary mast set up as a substitute.]

[Footnote 7: On the Eastern Shore of Virginia, across the Chesapeake.]

[Footnote 8: A ship's cocket was a custom-house certificate that the
merchandise had been duly entered and had paid duty.]

[Footnote 9: A perversion of "cutlasses".]


_93. Charles Scarburgh to Governor Nicholson. May 3, 1700._[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 271, f. 48. Col.
Charles Scarburgh or Scarborough was the chief magnate of the Eastern
Shore, and a member of the governor's council.]

_Excellent Sir_

I have Enclosed sent you the Deposition of Wm. Fletcher, which I
suppose may be a more particular accot. then any your Excell'y may
receive. he ad's that the Pirates boasted much of their great strength
by sea, and that there were sufficient of them to repell any force
that would be sent against them, and used many enticements to perswade
his men to goe with them: and I Doubt it will be impossible to secure
the Navigation to and from this Country, and stop their Piraticall
Invations, without a greater force. Capt. Fletcher haveing lost his
Certificate, Cocquetts, and Register, cannot be entered and suffered
to Load without your Excellys order. the ship hath used this Place
many Years: and this Master in her last Year produced his
Certificates, Cocquets, and Register, all which are in my booke of
Entryes:[2] he hath the same Owners and [as?] the ships here. his
Townsmen will refitt him and hath his Loading and Tobacco ready: and
it would be severe if his misfortune should Doubly injure him. besides
it would prejudice his Majestys revenue to forbid him to Load,
therefore suppose if he gives Security to unload in England he may be
permitted to trade: if your Excellency think fitt. I lay wind bound
and [at (?)] Mr. Mekennies at Elizabeth River, and on Sunday last
afternoon we saw a ship come in: and imediatly the _Shoreham_ loosed
and went to turn out of the River, when we Crossing over to Castle
point[3] Mr. Makennie spoke with Capt. Passenger, who told him a Pirat
had pursued that ship and taken others and desired we would not
adventure into the Bay but lye at the Poynt. next morning early we saw
Cap. Passenger on the back of the horshooe,[4] standing Down towards 3
ships in Lyn haven bay, who when he came up with them fired upon him,
and the Pyrate imediately gott to sail and stood directly with Capt.
Passenger, who got the weather gage, and Imediatly followed as sharp a
Dispute as (I thinke) could be betwixt two ships, of which we were
full spectators Dureing the whole engagement: and in my Judgment Capt.
Passenger behaved himself with much Courage and good Conduct, haveing
to Deal with an Enemy under a Desperate choice of killing or hanging,
and I believe few men in their circumstances but would elect the
first. the Conflict briskly maintained from soon after sunrise untill
about 4 afternoon. on thursday May the second Fletcher gott in here
and gave the inclosed accot.,[5] which I beleive much Imports his
Maj'tes service and Interest, least thinking the Pirate aforesaid
might be all, security would Endanger many ships. Fletcher further
saies these are not of them who tooke Burgis last Year but others, and
perhaps more may come upon the same accot. as these doe. I suppose
your Excelly will think fitt to lay on a Gen'll Embargoe untill some
Assureance that the Coast is Clear: and believe York River will be
more Convenient then James River, in Regard ships must goe to the Cape
to Clear the horshooe before they can gett into James River, and soe
may be Endangered. I wait your Excellys Order and Directions and
withall to favour me with a true relation of the success of the
Action betwixt Capt. Passenger and the Pirate:[6] I humbly take leave
to subscribe Right Excellent

Your Excellencies Faithful and
most Obliged servant

CHA. SCARBURGH.

May 3d
  1700

[Footnote 2: Colonel Scarborough was also collector of customs in his
district.]

[Footnote 3: Old Point Comfort? It is just possible that "Mr.
Mekennie", p. 264, or "Mr. Makennie", here, may mean the celebrated
pioneer of Presbyterianism, Rev. Francis Makemie, who is sometimes
said to have lived in Lynnhaven parish before settling down in
Accomac, on the Eastern Shore.]

[Footnote 4: The Horseshoe is a sandy shoal running from the shore
north of Old Point Comfort eastwardly toward the channel between Cape
Charles and Cape Henry.]

[Footnote 5: Doc. no. 92.]

[Footnote 6: For Captain Passenger's own account, see _Cal. St. P.
Col._, 1700, p. 311. Governor Nicholson accompanied him in person,
aboard the _Shoreham_. During most of the fight the two ships were
within pistol-shot of each other. Finally the pirate, with all masts
and sails shattered, drifted aground. Then, having laid a train to
thirty barrels of gunpowder, he threatened to blow the ship up, and
the governor, to save the lives of the forty or fifty English
prisoners, gave quarter, promising to refer the pirates to the king's
mercy if they should surrender quietly. So 111 of them were sent to
England in the _Essex Prize_ and the fleet of merchantmen convoyed by
her, June 9. The trial was of three who were brought in without having
been included in the surrender. It was held, in accordance with the
Virginian act, by a commission of oyer and terminer, appointed by the
governor. All three of them were hanged, although "One of them,
Cornelius Frank, said, Must I be hanged that can speake all
Languages"? Another curious passage in the trial deserves to be
quoted: "_Mr. Atty. Gen._ Did the Pyrates talk of blowing their Shipp
up? _Ed. Ashfeild._ Yes, they did, and went to prayers upon it." Nor
less the picture, in the evidence of either this or an adjoining
trial, of the pirate captain "with a gold chain around his neck, and a
gold Tooth-picker hanging from it"--_nouveau riche_!]


_94. John and Adam Thorowgood to Captain Passenger. May 3, 1700._[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 89. An
enclosure in doc. no. 95. The Thorowgoods were substantial planters of
Princess Anne County, dwelling near Lynnhaven Bay.]

_Sir_

This Day 7 men which had been taken by a Pirate in a Pink without any
great Guns, only small Armes, and very litle Ammunition, came on shore
and informed us this News, which we thought convenient to Inform you,
that you may act according as the Necessity requires. Also Adam Hayes,
a man who lives on the Sea side, Informes us, he Yesterday saw a Pink
and Brigantine rideing at Anchor in sight of his house, 8 or 10 miles
to the soward of Cape Henry. the Brigantine he suppose came out of the
Capes. about 3 of the Clock in the afternoon he saw a boat goe from on
board the Brigantine, to the Pink. after that two boats were Passing
and repassing from one vessel to the other till near night, at which
time the Pink weighed and stood of to sea. the Brigantine remained
there till within Night, but this morning Neither of them to be seen.
The abovesaid 7 men informed us the Pink which took them hath but 16
men which belonged to the Pyrate and 9 Prisoners. they say she
belonged (before taken) to Biddeford[2] and is an Extraordinary good
sailer. they also tell us they were put into a Boat and turned a
Drift, they think because they were to many to be kept on board, being
then 16 men Prisoners, and now as abovesaid but 9. likewise on tuesday
last they tooke a Bristol man and Cut down their Masts and Boltspritte
and left them as a wreck in the sea, as also another they tooke and
Cut a hole in her bottom and let her sink in the sea, and that they
were Ordered by the Pyrate You took last munday[3] to Cruise in the
Lattitude of the Capes till they came out to them. Sir, this is all we
think materiall at present to be Informed you by

Your Humble servants

JNO. THOROWGOOD, sher.[4]
ADAM THORWGOOD

PRINCESS ANN COUNTY
the 3d of May being
Fryday, 1700.

[Footnote 2: In Devonshire, England.]

[Footnote 3: April 29. _La Paix_, Capt. Louis Guittar.]

[Footnote 4: Sheriff. Adam was sheriff the next year.]


_95. Benjamin Harrison, jr., to Governor Nicholson. May 4, 1700._[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 89 b. Benjamin
Harrison, jr. ("Benjamin Harrison of Berkeley") was the son of a
member of the council ("Benjamin Harrison of Surry") and was himself
attorney-general of the colony. He was great-grandfather of President
William Henry Harrison.]

_May it Please your Excell'y_,

Last night about six of the Clock the inclosed letter[2] came to Capn.
Passengers hand whilest we were on board, and he desired me to
transmitt it to your Excelly. he had not time to write wee being Just
comeing away, and much Company with him. About the same time came in
from sea the Brigantine mencioned in the inclosed letter, and the
Master of gives a relacion pretty agreable to the letter in everything
only he sayes there were about 50 men on board the Pinke when he was
taken, so that 'tis Probable they will lye there, to watch for other
ships. as far as I can understand by this Master the litle ship
mencioned in the letter to be sunk was wheeler, who brought the Brandy
and wine into York River; I am

your Excellys

most Obliged Humble serv't

B. HARRISON Jnr

WILLIAMS BURGH, May 4, 1700, 10 at Night.

[Footnote 2: Doc. no. 94.]


_96. Governor Nicholson to Captain Passenger. May 4, 1700._[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 90.]

JAMES TOWN, May 4, 1700,[2]
about Eleven a Clock at Night.

[Footnote 2: The seat of government had just been removed from
Jamestown to the new capital, Williamsburg.]

_Capt. Wm. Passenger_

_Sir_,

Just now I received a letter from my friend Mr. Benja. Harrison, with
an inclosed one to you from the two Mr. Thorowgoods, a Copy of which I
here send you.[3] if his Maj'tes ship the _shoreham_ under your
Command be at present capable of goeing to sea to look after the
Pirates in the Pink, etc., I would have you doe it as soon as, God
willing, wind and weather permitts: but if the _shoreham_ be not in a
sailing Condicion, then you may, if you think Convenient, sent your
boat or boats to looke after the said Pyrates, in order Either to
take or burn the said Pink. And I do hereby Authorize and impower you
to stop all ships and vessells from goeing out of the Capes, and Order
them up to Kiquetan.

[Footnote 3: Docs. no. 94 and no. 95.]

If you cannot be here your Selfe Either on Monday or tuesday yet I
would have Capt. John Aldred, Commander of his Maj'tes Ship the _Essex
Prize_, be here; in the Interim remain

Your most affectionate Friend

If you conceive it proper, You may send the Prize which you have taken
either to take, sinke, or burn the Pink on board which are the
Pyrates. In Order thereunto You may Put what men and Guns on board,
You think Necessary.

I hope you have secured for his Maj'tes Service the seamen which
belong to Capt. Harrison, etc., and you will do the like by those,
which Mr. Thorowgood sayes come on shore. And for so Doeing these
things, this shall be your sufficient Warrant and Authority. given
under my hand the Day and Year above written.


_97. William Wilson to Governor Nicholson. May 5, 1700._[1]

[Footnote 1: Bodleian Library, MS. Rawlinson C. 933, f. 10. Col.
Wilson was a justice of the peace for Elizabeth City County.]

_May it please your Excelly_

I have here enclosed a few lines[2] Concerning a Brigantine that
sailed out of the Capes last wednesday.[3] it should been sent you
before this. I had it this Day from Capt. Cole at Church. If the Capt.
had sent the Master on shore (who had no boat of his owne) or a line
to me about it, Your Excellency had sooner Notice.

[Footnote 2: Doc. no. 98.]

[Footnote 3: May 1.]

The french Prisoners are equally Divided amongst the three Capts., who
have them under Guard. the wounded men att John Smiths died last
Night. Suppose this Pink is that that was taken a coming from
Barbadoes, and the longer he lyes the more harme he do and gather
more strength, which is all that offers from

Your Excellys humble servt.
to Command

WM. WILSON.

I did designe to have sent
this by an Express, but there
came one from your Excell'y
with a Letter to Capt. Passenger.


_98. Captain Michael Cole to William Wilson. May 5, 1700._[1]

[Footnote 1: Bodleian Library, _ibid._ Capt. Michael Cole was master
of the _Friends' Adventure_; he had come into James River on his way
from South Carolina to London.]

KIQUOTAN

Satterday morning being aboard the man of Warr _Shoreham_ there found
the Master of Brigantine which came in here the Evening before, who
sayes that on thursday morning last he was taken by the Pyrates about
2 leagues Southward the Cape Henry, in a Pink, who tooke from him his
Sailes, Masts, and provisions, and all his Necessaries and Cut of[f]
the head of his Rudder as low down as they Could, to disable him of
getting in. his fore Yard they also tooke from him. he likewise sayes
that they spoke some English aboard and that they are about 40 or 50
strong besides the Prisoners, but they would not suffer him to Speake
to any of them, but was threatned to be Shot for Speaking only to one
and asked (and that softly) what are you, who answered, I am a
Carpenter who belonged to a vessell of about 110 Tons loaded in York
River which they sunk. when they left him they stood NE. and believes
they Intend of the Coast as soone as they meet a vessell which they
have an Accot. of, Dayly Expected here from Guinea.

MICH'LL COLE.

May 5, 1700.


_99. Libel by Captain William Passenger. May 11, 1700._[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 272, f. 91. A libel,
in admiralty law, is a plaintiff's or claimant's document containing
his allegations and instituting a suit--in this instance a prize
suit.]

Virga. ss. Att the Court of Admiralty held at Hampton Town on Saturday
the 11th day of May in the 12th year of the Reign of our Sovereign
Lord William the third, of England, Scotland, France and Ireland King,
Defender of the faith, etc., annoq Domini 1700,

Before the Hono'ble Edward Hill, Esqr., Judge of the sd Court,[2] came
Capt. William Passenger, Commander of his Maj'tes ship the _shoreham_,
and Exhibited the following Libel in these Words

[Footnote 2: A court of vice-admiralty was first erected in Virginia
in 1698, and Hill was the first judge appointed. He was commissioned
(Mar. 8, 1698) by Governor Andros, by virtue of the latter's
commission (June 26, 1697) from the High Court of Admiralty in
England; so say the Virginia council, in _Va. Mag. Hist._, XXII. 245,
but the record of this latter commission in London dates it Apr. 29.
Am. Hist. Assoc., _Annual Report_, 1911, I. 518.]

Virg'a. ss. May the 11th in the 12th year of his Maj'tes Reign, Annoq
Domini 1700.

To the Hon'ble Court of Admiralty:

William Passenger, Commander of his Majestyes ship the _shoreham_, as
well for and in behalf of his Majesty as for and in behalfe of
himself, officers and Company on Board the said ship,

Humbly gives this Court to understand and be Informed that on the 29th
Day of Aprill last Past, in his Maj'tyes said ship the _Shoreham_,
within the Cape of Virga: he engaged, fought and tooke a Company of
Pirates or sea Robbers which were in a ship called the _Peace_, of
about two hundred tons Burthen, Mounted with twenty Gunns, which said
Company of Pyrates or sea Robbers in the aforesaid ship for severall
dayes before their being soe taken did in an Open, Warlike, Hostile,
and Piraticall manner Assault, Attack, Fight, take, Robb, Burn, and
spoile severall Merchant ships belonging to the subjects of our
sovereign Lord the King (Vizt.)

A Pinke Called the _Baltimore_, John Loveday Master, A Sloope Called
the _George_, Joseph Forest Master, A Ship Called the _Pensylvania
Merchant_, Samuell Harrison Master, A Ship Called the _Indyan King_,
Edward Whitaker Master, A Ship Called the _Nicholson_, Robert Lurting
Master, who in a Peaceable and Lawfull manner were comeing into and
goeing out of the aforesaid Cape of Virga. with their severall Goods
and Merchandizes, etc. And also the aforesaid Company of Pyrates or
sea Robbers, in the aforesaid ship, at and upon the aforesaid time and
Place, in a Hostile and Warlike manner, did fight his Maj'tes said
ship the _shoreham_, but they being overcome and taken as aforesaid
the aforesaid William Passenger, in behalfe as aforesaid, prays
Condemnation of the aforesaid Pirats ship Called the _Peace_, with all
her Gunns, Ammunition, tackle, furniture, and apparell, to be devided
and Proportioned according to the Rules and Orders of the sea, in such
Cases made and provided, etc.

W. PASSENGER.


_100. Deposition of William Woolgar and Others. [June 11, 1700.]_[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 271, f. 40.]

Virginia sct.

William Woolgar, Peter Shaw, Francis Warrell and Joshua Atkinson
Examined and Sworne say

That on or about the 28th April in the year of our Lord God One
Thousand seaven hundred, being sailers on board the _Indian King_
bound for London, about three or four Leagues from Cape Henry they
were attack'd and taken by a french Pirate of twenty Gunns by some
called _La Paix_, who Comanded the Master of the said _Indian King_ on
Board the Pirate, who upon the same hoisted out his Yaul and went a
board them with 4 of his men, upon which severall of the Pirates came
on board the _Indian King_ with the aforesaid Yaul and return'd her on
board the Pirate with the mate, Doctor and sundry Passengers of the
shipp aforesaid. the said Deponants further say that the Pirate
aforesaid, with their shipp and another small ship taken by them, came
into Lyn haven, where they Attack'd and took another Shipp, whose
Comander they have since understood to be called Robert Lurten, and
came all to an anchor in Lyn haven bay, where they plundred the said
_Indian King_ of some of her provisions and rigging with other things.
And that on the 29th in the morning their came out of James River his
Maj'tys Shipp the _Shorham_, which Engaged the said Pirate about 7 a
Clock in the morning and forced them to surrender about 4 or 5 a Clock
in the afternoon, there being two of the said Depon'ts (to witt)
William Woolgar and Peter Shaw on board the _Shorham_ the most part of
the Engagement. And further the said Deponants say not.

FRANCIS WARRELL.   WM. WOOLGAR.
JOSHUA ATKINSON.   PETER SHAW.

Sworne to before the Court of Oyer and Terminer for Tryall of Pirates

Test, PETER BEVERLEY Cl. Arr.[2]

[Footnote 2: Clerk of arraignments.]


_101. Deposition of Joseph Man. [June 11, 1700.]_[1]

[Footnote 1: Bodleian Library, MS. Rawlinson A. 271, f. 44b. Man, an
able seaman, was afterward taken over to England to testify against
the pirates, and was granted £60 by the Privy Council for his services
in the fight, besides five months' pay promised him by Nicholson.
_Acts P.C. Col._, II. 360.]

Virginia Sct.

Joseph Manns aged 30 yeares Examd: and Sworn saith

That on Sunday being the 28th day of April last past Capt. John
Aldred, Comander of his Maj'tys Shipp the _Essex Prize_, came on
Shoare to Collo. William Willson at Kyquotan and informed his
Excellency Francis Nicholson, Esqr., his Maj'tys Lieut. and Governor
Gen'll of Virginia, and Capt. Passenger, Comander of his Maj'tys Shipp
the _Shorham_ Galley, in the hearing of this depon't, that he had
been on board of a Pink and was there informed that there was a Pirate
lay in Lyn haven bay and that she made her Escape from them, upon
which information soe as aforesaid given Capt. Passenger immediatly
went on board his Maj'tys shipp the _Shorham_ and got her under saile,
designeing to goe downe in the night, and this depon't further saith
that upon the aforesaid 28th day of April in the Evening his
Excellency, accompaned with Capt. John Aldred, Peter Heyman, Esqr.,[2]
and this depon't, went on board his Maj'ty's ship the _Shorham_. the
next morning about six of the Clock wee came up with the Pirate (which
this depon't since understands is called the _La Paix_, the Captaines
name said to be Lewis Guittar). we threw abroad the Kings Jack, flagg
and Ancient,[3] the Pirate hoisted up blood red Colloures and refused
to submit, whereupon wee immediatly Engaged with them and Continued
the fight till about four a Clock in the afternoone. Peter Heyman,
Esqr., standing on the left hand of this depon't within a foot of him,
made severall shots into the Pirates Shipp, and about one or two of
the Clock was by a shott from the Pirates shipp unhappily slaine.
about four in the afternoone the Pirate struck his bloody Collours and
hoisted up a flagg of truce and then fired no more Gunns, whereupon
Capt. Passenger Comanded a boat and hands to board the Pirate, who
brought back with them about 124 Pirates Prisoners, and it was
supposed there was about 25 or 30 kill'd in the fight and that about
40 or 50 English Prisoners were redeemed, whome the Pirate had taken.
And this deponant Yet further saith that two of the Pirates men, being
left on board the shipp called the _Nicholson_, Robt. Lurten Master,
which was taken by the Pirates the 28th of April, were upon the coming
up of his Maj'tys ship the _Shorham_ seized and brought on board us as
prisoners, that this deponant was on board the _Shorham_ Galley all
the time of the Engagement upon the quarter deck near to his
Excellency, and saw all the Transactions, and further says not.

JOSEPH MAN.

Sworne to before the Court for tryall of Pirates
    Test, PETER BEVERLEY C. Arr.
  A true copy, C.C. THACKER C. Sec. Off.[4]

[Footnote 2: Heyman was collector of customs for the lower district of
James River. Gov. Nicholson caused a tombstone to be set in
commemoration of him, with a laudatory inscription which is printed in
the _Southern Literary Messenger_, IX. 695.]

[Footnote 3: Ensign. See doc. no. 33, note 15.]

[Footnote 4: Clerk in the secretary's office. The name of Chicheley
Corbin Thacker deserves a comment, for double Christian names were at
that period very rare. "In forty-nine church registers out of fifty,
throughout the length and breadth of England, there will not be found
a single instance of a double Christian name previous to the year
1700." Bardsley, _Curiosities of Puritan Nomenclature_, p. 226.]

       *       *       *       *       *

_102. Report of Dr. George Bramston. November 27, 1702._[1]

[Footnote 1: Public Record Office, Admiralty 1:3666, p. 162. The
writer of this report, George Bramston, LL.D., was a notable
practitioner of the civil law, and from 1702 to 1710 was master of
Trinity Hall, Cambridge. His uncle writes of him in his autobiography,
a few years before this, "George is doctor of law, ... fellow of
Trinity Hall, and is admitted at the Commons, and lives there in some
practice, but very good repute." _Autobiography of Sir John Bramston_,
p. 29. To whom the report was nominally addressed is not clear, but it
was intended indirectly for the enlightenment of Prince George of
Denmark, consort of Queen Anne, whose wifely partiality had in May of
this year raised him to the office of Lord High Admiral. As such, he
nominally presided over the High Court of Admiralty; finding the need
of having its activities supplemented by additional prize courts in
the colonies, and instructed by this and similar reports, he on Dec. 7
applied for authority under the great seal to commission colonial
governors (vice-admirals) to hold prize courts.]

DOCTORS COMMONS,[2] November 27th, 1702.

[Footnote 2: Doctors' Commons (see ch. VIII. of _Sketches by Boz_ and
ch. XXV. of _David Copperfield_), near St. Paul's, was the
headquarters of the doctors of the civil law and of the admiralty and
other civil-law courts.]

_Sir_,

The matter in yours of the 18th instant being of a Nature That was
little knowne to Me, It seemed proper to take longer time to consider
thereof, than otherwise would have been decent, for the Information of
His Royall Highness as to the Power of the Vice-Admiralls of the
Forreigne Plantations.

I humbly conceive it plaine, That they can have no Authority to
condemne Prizes, in their Commissions from the Lord Admirall,[3] for
He has none in that Patent which constitutes Him Lord Admirall of
England.

[Footnote 3: A typical commission of a vice-admiral (Barbados, 1667)
may be seen in the _Publications_ of the Colonial Society of
Massachusetts, II. 187-198.]

And you may please to call to mind, that the Power by which Ships are
adjudged Prize, Proceeds from a Commission for that purpose
particularly granted, under the Great Seale, to his Royall Highness.

And as to what may be most proper for the condemning of Prizes in
those parts, I humbly conceive it cannot be Regularly done, but by an
Authority grounded upon a Commission under the Broad Seale.

All which I humbly submitt with the Assurance That I am

Sir

Your must Humble Servant

GEO. BRAMSTON.

To be sent to Lord Nottingham[4] if it came from him.

[Footnote 4: The Earl of Nottingham was one of the two secretaries of
state.]




PRIVATEERS AT MARTINIQUE.


_103. Letter to Boston News Letter. May 8, 1704._[1]

[Footnote 1: A specimen of news of privateering in Queen Anne's War
from one of the earliest issues of our first established newspaper;
from the _Boston News-Letter_ of May 15, 1704. That newspaper was
founded by John Campbell, postmaster of Boston, son of Kidd's friend
Duncan Campbell (see doc. no. 75). The first issue was for the week
from Monday, April 17, to April 24, 1704. The text is taken from the
file of the _News-Letter_ possessed by the Massachusetts Historical
Society.]

NEW-YORK, May 8. On the 3d Arrived here a Sloop from St. Thomas, in
whom Mr. John Vryling, who Sail'd the 23d Decemb. last from Boston, in
the Ship _St. Jacob and Philip_, of whom was Owner and Merchant,
Charles Farnam Master, bound for Barbadoes, and on the Sabbath
following, lost her Mane and Misin Mast in a Storm, taken in sight of
Barbadoes, and carried into Martinico, and says that 7 Weeks ago was a
Prisoner at Martinico, that the Governour permitted him to go in a
French Sloop bound for St. Thomas, That the French have taken 130 odd
Vessels this War into Martinico, and when he left it there was 17
Privateers out.[2] The Ships lately taken and carried thither are, the
_Venetian Merchant_, Captains, Alexander, the Ship _Virgin_, John
Sherwood, _Brintania_ William Bartrum, Darvar of Bidiford, Richard
Barton of Liverpool, Henry Punsunby of Dublin, John Reading of
Barbadoes, belonging to Boston, Twisden a Brigantine, Chadwel another,
Farnam a Ship, Andrews, Porter a Sloop. Nicholas Bradock, and Crute of
Philadelphia, Peylton of Bermuda, Johnson of Maryland, a Sloop, Penley
Master, Stephens a Ship of Boston taken into Guardiloop. after Mr.
Vryling had been 14 days at St. Thomas, had advice from Martinico, 5
Brigantines carried in thither, on Board of one of which was Major
Wheeler of Barbadoes[3] and several other Passengers, but what Ports
bound to, or to whom the Brigantines belong'd, heard not. The Ship
_Princess Anne_, bound from Barbadoes to London, being Leaky put into
St. Thomas, there condemn'd as insufficient to go to Sea. Yesterday
from Albany by information from our Indians acquainted, that the
French of Canada are sending out 300 men to attack some parts of N.
England. We have very rainy, dirty, and cold Weather for the Season,
and so continues. We hear the Virginia Fleet Sails the last of this
Month. Captain Davison hopes to Sail this Month.[4] The Wind and
Weather hinders our Pensilvania Post coming in.

[Footnote 2: A letter written from Martinique a little later (June 27)
by a captive colonel from St. Christopher's says, "We have had 163
vessels brought in here since the warr, ... there is about 30
privateers now belonging here, so that it's almost impossible for a
vessel to pass to or from the Islands without a good convoy, and then
they take some from them". He encloses a petition from some 300
British prisoners, "some whereof have been here 16 months in close
prison". _Cal. St. P. Col._, 1704-1705, p. 184.]

[Footnote 3: Lately a member of the council of that island.]

[Footnote 4: Capt. John Davison, in the _Eagle_ galley, had arrived at
New York on Mar. 13, but had been long detained by disputes between
the governor, Lord Cornbury, and the collector of the port over
questions concerning the legal status of its cargo. _N.Y. Col. Docs._,
IV. 1105-1110, 1121.]




CASE OF JOHN QUELCH AND HIS FELLOW PIRATES.


_104. Account of their Execution. June 30, 1704._[1]

[Footnote 1: What is here reproduced, to show somewhat of the
harrowing circumstances under which the pirate's career might end, is
a very rare "extra" of the _Boston News-Letter_, found in the
Massachusetts Historical Society's file of that newspaper. The case of
Quelch and his associates is related in much detail by Mr. A.C.
Goodell in the _Acts and Resolves of the Province of Massachusetts
Bay_, VIII. 386-398, and in the _Publications_ of the Colonial Society
of Massachusetts, III. 71-77. The pursuit of the pirates is described
in Sewall's diary, with extracts from the _News-Letter_, in Mass.
Hist. Soc., _Collections_, XLVI. 103-110. In August, 1703, the
brigantine _Charles_, fitted out as a privateer to cruise against the
French, was riding off Marblehead, with her captain lying too sick to
take her to sea. The crew seized the ship, put it in command of
Quelch, threw the captain overboard, and sailed for the coast of
Brazil, where for some months they engaged in a profitable career of
piracy at the expense of subjects of the King of Portugal, with whom
England had just concluded a particularly close alliance. In May,
1704, they reappeared on the Massachusetts coast, landed, and
dispersed, but were presently suspected, accused, proclaimed, and
"rounded up", the main capture being made at the Isles of Shoals, by
an armed force under Maj. Stephen Sewall, the diarist's brother. The
trial, June 13, 16, 19-21, was the first held in New England under the
act of Parliament 11 and 12 Will. III., ch. 7, which gave the crown
authority to issue commissions for the trial of pirates by specially
constituted courts, outside the realm of England. The governor, Joseph
Dudley, presided. Mr. Goodell maintains that the trial was conducted
illegally in important particulars. Of the six pirates named above, as
executed on June 30, Lambert was a Salem man, Peterson apparently a
Swede, Roach Irish, Quelch and the other two English. Judge Sewall
records that "When the Scaffold was let to sink, there was such a
Screech of the Women that my wife heard it sitting in our Entry next
the Orchard, and was much surprised at it; yet the wind was sou-west.
Our house is a full mile from the place." In 1835 the editor's
grandfather saw the six pirates of the _Mexican_, almost the last of
their profession, hanged at about the same spot. I find that Mr. Paine
has printed this piece, in _Buried Treasure_, but I know no other that
so well illustrates its particular aspect of our theme.]

An Account of the Behaviour and Last Dying Speeches Of the Six
Pirates, that were Executed on Charles River, Boston side, on Fryday,
June 30th, 1704. _Viz._, Capt. John Quelch, John Lambert, Christopher
Scudamore, John Miller, Erasmus Peterson and Peter Roach.

The Ministers of the Town had used more than ordinary Endeavours, to
Instruct the Prisoners, and bring them to Repentance. There were
Sermons Preached in their hearing, Every day,[2] And Prayers daily
made with them. And they were Catachised; and they had many occasional
Exhortations. And nothing was left, that could be done for their Good.

[Footnote 2: One of the sermons preached by Cotton Mather to the
unfortunate men was printed by him this year under the title _Faithful
Warnings to prevent Fearful Judgments_.]

On Fryday the 20th [30th] of June 1704, Pursuant to Orders in the Dead
Warrant, the aforesaid Pirates were guarded from the Prison in Boston,
by Forty Musketeers, Constables of the Town, the Provost Marshal and
his Officers, etc. with Two Ministers,[3] who took great pains to
prepare them for the last Article of their Lives. Being allowed to
walk on Foot through the Town, to Scarlets Wharff,[4] where, the
Silver Oar being carried before them, they went by Water to the place
of Execution, being Crowded and thronged on all sides with Multitudes
of Spectators. The Ministers then Spoke to the Malefactors, to this
Effect.

[Footnote 3: Rev. Thomas Bridge of the First Church, and Cotton Mather
of the Second.]

[Footnote 4: At the foot of Fleet Street, near the present South
Ferry. Thus the grim procession went around most of the water front of
the town. Sewall says his cousin counted 150 boats full of spectators
of the execution, besides the multitude on land. The silver oar was
the emblem of the admiralty.]

"We have told you often, ye[a] we have told you Weeping, That you have
by Sin undone your selves; That you were born Sinners, That you have
lived Sinners, That your Sins have been many and mighty, and that the
Sins for which you are now to Dy are of no common aggravation. We have
told you, That there is a Saviour for Sinners, and we have shewn you,
how to commit your selves into His Saving and Healing Hands. We have
told you, That if He Save you, He will give you an hearty Repentance
for all your Sins, and we have shown you how to Express that
Repentance. We have told you, What Marks of Life must be desired for
your Souls, that you may Safely appear before the Judgment Seat of
God. Oh! That the means used for your Good may by the Grace of God be
made Effectual. We can do no more, but leave you in His Merciful
Hands!"

When they were gone up upon the Stage, and Silence was Commanded, One
of the Ministers Prayed, as followeth.

The Prayer made by One of the Ministers, after the Malefactors were
first upon the Stage.[5] (As near as it could be taken in Writing in
the great Crowd.)

[Footnote 5: This prayer is unmistakable Cotton Mather; to whom we may
be sure this whole occasion was one of extraordinary enjoyment.]

"O Thou most Great and Glorious Lord! Thou art a Righteous, and a
Terrible God. It is a Righteous and an Holy Law that thou hast given
unto us. To break that Good Law, and Sin against thy Infinite Majesty,
can be no little Evil. Thy Word is always True; and very Particular,
that Word of thine which has told us and warn'd us, _Evil Pursueth
Sinners_. We have seen it, we have seen it; We have before our Eyes a
dreadful Demonstration of it. Oh! Sanctify unto us a Sight that has in
it so much of the Terror of the Lord! We have Reason to Glorify the
Free Grace of God, that we are not our selves the Instances. We have
before us very astonishing Examples of _Evil Pursuing Sinners_. Here
is a Number of men that have been very Great Sinners, and that are to
Dy before their Time, for their being wicked overmuch. God knows the
Prayers, the Pains, the Tears, and the Agonies that have been Employ'd
for them. And now, the Last Thing that we have to do for them, is to
pour out with Anguish of Soul our Prayer on their behalf; Our Prayer,
to that God, who heareth Prayer; to that God, with whom there is Mercy
and Plenteous Redemption; to that God, who is Rich in Mercy and Ready
to Pardon. But how can we make our Prayer, without a Rapturous
Adoration of that Free-Grace, which has distinguished us! We, even we
also, have every one of us an horrible Fountain of Sin in our Souls.
There are none of the Crimes committed by these Miserable Men, or by
the worst of those Criminals that go down into the Pit, but we have
the seeds of them, in that Original Corruption, which we brought into
the World with us. If God had left us to our selves, as He justly
might have done, there is not the best among us all, but what would
soon have done the worst things in the World. Oh! The Free-Grace! Oh!
The Free-Grace! Oh! The Riches of that Grace, which has made all the
Difference! But now, we Cry mightily to Heaven, we Lift up our Cries
to the God of all Grace, for the Perishing Souls which are just now
going to Expire under the Stroke of Justice, before our Eyes. We
Mourn, we Mourn, that upon some of them, at Least, we do unto this
Minute see no better Symptomes. But, Oh! is there not yet a Room for
Sovereign Grace to be display'd, in their Conversion and Salvation!
They Perish, if they do not now Sincerely Turn from Sin to God, and
give themselves up to the Lord Jesus Christ; They Righteously and
Horribly Perish! And yet, without influences from above, they can do
none of those things which must be done if they do not perish. Oh! Let
us beg it of our God, that He would not be so Provoked at their
Multiplied and Prodigious Impieties, and at their obstinate Hardness
under means of Good formerly afforded them, as to withhold those
Influences from them! We cry to thee, O God of all Grace, That thou
wouldest not Suffer them to continue in the Gall of Bitterness and
Bond of Iniquity, and in the Possession of the Devil. Oh! Knock off
the Chains of Death which are upon their Souls; Oh! Snatch the prey
out of the Hands of the Terrible.

"Yet once again! Once again! We bring them, and lay them before the
Spirit of Grace. O Almighty Spirit of Grace, May these Poor, blind,
mad Sinners become objects for the Triumphs of Grace! O Almighty
Spirit of God, and of Grace, cause these poor men to see their own
Sinfulness and Wretchedness! Make them willing to be Saved from such
Sinfulness and Wretchedness; Discover to them the only Saviour of
their Souls. Oh! Dispose them, Oh! Assist them to give the Consent of
their Souls unto His Wonderful Proposals. Let them Dy, Renouncing all
Dependence on any Righteousness of their own; Alas, what can they have
of their own to Depend upon! As a Token and Effect of their having
Accepted the Righteousness of God, Let them heartily Repent of all
their Sins against thee, and Abhor and cast up every Morsel of their
Iniquity. Oh! Let them not go out of the World, raging and raving
against the Justice of God and Man; And whatever part of the Satanick
Image is yet remaining on their Souls, Oh! Efface it! Let them now Dy
in such a State and such a Frame, as may render them fit to appear
before God the Judge of all. What shall we do for them? What shall
plead for them?

"Great God, Grant that all the Spectators may get Good by the horrible
Spectacle that is now before them! Let all the People hear and fear,
and let no more any such Wickedness be done, as has produced this
woful Spectacle. And let all the People beware how they go on in the
Ways of Sin, and in the pathes of the Destroyer, after so Solemn
Warnings; Lest thou shouldest not only leave them to the grossest Acts
of Wickedness, but also give them up unto the most amazing
Impenitency, when the Punishment of their Iniquity comes to be
inflicted on them.

"Oh! but shall our Sea faring Tribe, on this Occasion, be in a
Singular manner affected with the Warnings of God! Lord, May those of
our dear Brethren be Saved from the Temptations which do so threaten
them! so ruine them! Oh! let them not Abandon themselves to Profanity,
to Swearing, to Cursing, to Drinking, to Leudness, to a cursed
Forgetfulness of their Maker, and of the End for which He made them!
Oh! Let them not be abandoned of God, unto those Courses that will
hasten them to a Damnation that slumbers not. Oh! Let the men fear the
Lord Exceedingly, We Pray thee! We Pray thee! Let the Condition of the
Six or Seven men, whom they now see Dying for their Wickedness upon
the Sea, be Sanctified unto them.

"And now, we fly, we fly to _Sovereign Grace_. Oh! that the Poor men,
which are immediately to appear before the awful Tribunal of God, may
first by _Sovereign Grace_ have produced upon their Souls those Marks
of thy Favour, without which tis a dreadful Thing to appear before
that awful Tribunal. Oh! Great God, Let thy _Sovereign Grace_ Operate
on this fearful Occasion! God be Merciful to us all, for the Sake of
our Lord Jesus Christ, unto whom with the Father and the Spirit, be
ascribed the Kingdom, the Power and the Glory, for ever more, _Amen_."

They then Severally Spoke, Viz.

I. _Capt. John Quelch._ The last Words he spake to One of the
Ministers at his going up the Stage, were, "I am not afraid of Death,
I am not afraid of the Gallows, but I am afraid of what follows; I am
afraid of a Great God, and a Judgment to Come." But he afterwards
seem'd to brave it out too much against that fear: also when on the
Stage first he pulled off his Hat, and bowed to the Spectators, and
not Concerned, nor behaving himself so much like a Dying man as some
would have done. The Ministers had, in the Way to his Execution, much
desired him to Glorify God at his Death, by bearing a due Testimony
against the Sins that had ruined him, and for the ways of Religion
which he had much neglected: yet now being called upon to speak what
he had to say, it was but thus much; "Gentlemen, 'Tis but little I
have to speak; What I have to say is this, I desire to be informed for
what I am here. I am Condemned only upon Circumstances. I forgive all
the World: So the Lord be Merciful to my Soul." When Lambert was
Warning the Spectators to beware of Bad-Company, Quelch joyning, "They
should also take care how they brought Money into New-England, to be
Hanged for it!"

II. _John Lambert._ He appeared much hardened, and pleaded much on his
Innocency. He desired all men to beware of Bad Company; he seem'd in a
great Agony near his Execution; he called much and frequently on
Christ, for Pardon of Sin, that God Almighty would Save his innocent
Soul; he desired to forgive all the World; his last words were, "Lord,
forgive my Soul! Oh, receive me into Eternity! blessed name of Christ
receive my Soul."

III. _Christopher Scudamore._ He appeared very Penitent since his
Condemnation, was very diligent to improve his time going to, and at
the place of Execution.

IV. _John Miller._ He seem'd much concerned, and complained of a
great Burden of Sins to answer for; Expressing often, "Lord! What
shall I do to be Saved!"

V. _Erasmus Peterson._ He cryed of injustice done him; and said, it is
very hard for so many mens Lives to be taken away for a little Gold.
He often said, his Peace was made with God; and his Soul would be with
God: yet extream hard to forgive those he said wronged him. He told
the Executioner, he was a strong man, and Prayed to be put out of
misery as soon as possible.

VI. _Peter Roach._ He seem'd little concerned, and said but little or
nothing at all.

_Francis King_ was also Brought to the place of Execution, but
Repriev'd.

Printed for and Sold by Nicholas Boone, at his Shop near the Old
Meeting-House in Boston. 1704.

_Advertisement._

There is now in the Press, and will speedily be Published: The
Arraignment, Tryal and Condemnation of Capt. John Quelch, and others
of his Company, etc. For sundry Piracies, Robberies and Murder,
committed upon the Subjects of the King of Portugal, Her Majesties
Allie, on the Coast of Brasil, etc. Who upon full Evidence were found
Guilty, at the Court-House in Boston, on the 13th of June 1704. With
the Arguments of the Queen's Council, and Council for the Prisoners,
upon the Act for the more effectual Suppression of Piracy. With an
account of the Ages of the several Prisoners, and the Places where
they were Born. Printed for and sold by Nicholas Boone, 1704.[6]

[Footnote 6: The publication of the pamphlet here advertised was by
authority of Governor Dudley, who gives the Board of Trade the
following excuse for printing the minutes of the trial before sending
them to that body (letter of July 25, 1705), "My Lords, I should not
have directed the printing of them here, but to satisfy and save the
clamour of a rude people, who were greatly surprised that any body
should be put to death that brought in gold into the Province, and did
at the time speak rudely of the proceeding against them and assisted
to hide and cover those ill persons". _Cal. St. P. Col._, 1704-1705,
p. 585.]

       *       *       *       *       *

_105. Deposition of Paul Dudley. August 15, 1705._[1]

[Footnote 1: Public Record Office, C.O. 5:1263, no. 57 XXVI. Paul
Dudley was the governor's oldest son. The deposition is one of 55
enclosures in the governor's letter of Nov. 2, 1705, to the Board of
Trade respecting his complaints of irregularities in the governments
of Rhode Island and Connecticut. Though Dudley's commissions as
governor confined his civil authority to Massachusetts and New
Hampshire, his commission as vice-admiral (printed in the
_Publications_ of the Colonial Society of Massachusetts, II. 220-224)
gave him authority in Rhode Island also. The assembly of that colony,
however, claimed the right under their charter to erect admiralty
courts of their own, and for their governor the right to commission
privateers. Queen Anne wrote to them in March 1704, repealing their
act erecting a court, but they held that her letter did not forbid the
commissioning of privateers. See _Records of the Colony of Rhode
Island_, III. 508-510, 535-540.]

The Deposition of Paul Dudley, Esquire, Her Majestys Attourney General
for the Province of the Massachusetts Bay in New England, and Advocate
of the Court of Admiralty--who saith

That on or about the fifth day of June last past, being at Newport on
Road Island in Company with the Honourable Nathaniel Byfield, Esquire,
Judge of the Court of Admiralty, etc.[2] at the House of Samuel
Cranston, Esquire, Governour of said Island, The said Judge
complaining of the said Governours granting a Commission to Captain
Halsey, a Privateer,[3] after the Receipt of her Majesties Commands to
the Contrary, The said Samuel Cranston replyed, That he had taken the
advice of the Generall Court[4] of that Colony, who were all of
opinion That her Majesties Commands did not forbid him or restrain him
from Granting Commissions for Privateers, And that their Charter
granting them Power of Vice Admiralty,[5] he was determined to
Exercise that power, and Grant such Commissions untill their Charter
was actually and wholly taken away; And that they would not part with
their powers or Government by piece meal, but would Die all at once,
And that they had parted with too many of their priviledges
already....

PAUL DUDLEY.

BOSTON in New England
  15 August 1705

Sworne in presence of his Excellency the Governour before us

ISA. ADDINGTON }
ANDREW BELCHER } of the Council

[Footnote 2: Nathaniel Byfield--founder of Bristol, Mass, (now R.I.),
nephew of Archbishop Juxon and grandson of that Rev. Richard Byfield
who was vicar of Stratford-on-Avon during most of Shakespeare's
life--was commissioned admiralty judge for Massachusetts and Rhode
Island during brief periods in 1698 and 1703, again 1704-1715 and
1728-1732.]

[Footnote 3: Nov. 7, 1704, Cranston had given a privateer's commission
to Capt. John Halsey of the brigantine _Charles_, the vessel that had
been Quelch's. The governor's confidence seems not to have been
justified, for presently Halsey entered upon a large and lurid career
of piracy, duly described in Johnson, _General History of the
Pyrates_, II. 110-118.]

[Footnote 4: Assembly.]

[Footnote 5: It would be hard to find any such grant in the Rhode
Island charter of 1663.]


_106. Commission for Trial of Piracy. November 1, 1716._[1]

[Footnote 1: Charleston, Records of the Court of Vice-admiralty of
South Carolina, vol. A-B. The document is spread upon the records of
the court for Nov. 27, 1716, at the beginning of the day's
proceedings. This commission is a peculiar one. As has been explained
in note 2 to doc. no. 51 and in note 1 to doc. no. 104, the act 28
Henr. VIII. ch. 15 (1536) provided for the trial of piracy by
commissions specially appointed for the purpose, and with a jury, but
did not extend to the oversea plantations, while the act 11 and 12
Will. III. ch. 7 (1699-1700) extended to those dominions the crown's
authority to appoint such commissions. Before the passage of the
latter statute, colonial governors had as vice-admirals appointed such
commissions, which had then proceeded under the civil (Roman) law, and
not under the statute. But South Carolina had in 1712 expressly
adopted the act of 28 Henr. VIII. (Cooper, _Statutes at Large_, II.
470) and here we have a commission issued by the deputy governor and
council, under authority of the proprietors of Carolina, for trial
under the act of 1536, though action could have been taken under that
of 1700. The accused persons for whose trial the commission was issued
were acquitted. For the whole subject of piracy in or near Carolina,
where it was rife in these years, see S.C. Hughson, "The Carolina
Pirates and Colonial Commerce", in _Johns Hopkins University Studies_,
XII. The most famous case was that of Major Stede Bonnet, but the
original records of that case are fully printed in _State Trials_, ed.
Hargrave, vol. VI.]

South Carolina.

His Excellency John Lord Carteret, Palatine, The most Noble Henry Duke
of Beaufort, the Right Hon'ble William Lord Craven, the Hon'ble
Maurice Ashley Esqr., Sir John Colleton Baronet, John Danson Esqr.,
and the rest of the true and absolute Lords and Proprietors of
Carolina,[2] To Nicholas Trott Esq., Judge of the Vice Admiralty in
South Carolina and chief Justice of the said Province,[3] The Hon'ble
Capt. Thomas Howard Commander of his Majestys ship the _Shoram_, the
Hon'ble Charles Hart Esqr., one of the Members of our Council in South
Carolina, the Hon'ble Thomas Broughton, Speaker of the Lower House of
Assembly in South Carolina, Arthur Middleton and Ralph Izard Esqrs.,
Capt. Philip Dawes, Capt. Willm. Cuthbert, Commander of the _Fortune_
Frigate, Capt. Allen Archer, Commander of the Brigantine _Experiment_,
and Samuel Deane and Edward Brailsford, merchants, Greeting.

[Footnote 2: The six proprietors of Carolina here named held at this
time six of the eight shares in the property. The holder of the
seventh was a minor; the eighth was in litigation.]

[Footnote 3: Nicholas Trott, LL.D., attorney-general of Bermuda
1696-1697, the first attorney general of South Carolina 1698-1702,
chief-justice 1702-1709, 1713-1719, a learned lawyer, and a great
power in the politics of the province so long as the rule of the
proprietors continued. He was the first vice-admiralty judge, having
commissions as such from both the king and the proprietors. He is
often erroneously identified with his cousin the governor (1693-1696)
of the Bahamas, the Nicholas Trott of docs. nos. 63 and 64.]

Whereas by an Act of Parliament made in the Twenty-Eight year of Henry
the Eight Intituled for Pirates It is among other things Enacted That
all Treasons, Felonies, Robberies, Murthers and Confederacies
thereafter Committed in or upon the Seas or in any other Haven, River,
Creek or Place where the Admiral or Admirals have or Pretend to have
power, Authority or Juridiction, Shall be Inquired, Tryed, heard,
determined and Judged in such Shires and Places in the Realm as shall
be Limitted by the Kings Commission or Commissions to be directed for
the same in like form and Condition as if any such Offence or Offences
had been Committed or Done in and upon the Land, and such Commissions
shall be had under the Kings Great Seal Directed to the Admiral or
Admirals or to his or their Lieutenant, Deputy and Deputies, and to
three or Four such other Substantial persons as shall be named or
appointed by the Lord Chancellor of England for the time being from
time to time and as often as needs shall require, to hear and
Determine such Offences after the Common Course of the Laws of England
Used for Treasons, Felonies, Robberies, Murthers and Confederacies of
the same Done and Committed upon the Land within the Realm of England,
And it is further Enacted That such Persons to whom such Commission or
Commissions shall be Directed or four of them at the least shall have
full power and authority to Inquire of such Offences and of every of
them by the Oaths of Twelve good and Lawfull Inhabitants in the Shire
Limited in their Commission in such like manner and form as if such
offence had been Committed Upon the Land within the same Shire, And
that every Indictment found and presentd before such Commissioners of
any Treasons, Felonies, Robbery, Murthers, Manslaughters or such other
Offences Committed or done in and upon the Seas or in and upon any
other River or Creek Shall be Good and Effectual in the Law, and if
any Person or Persons happen to be Indicted for any such Offence done
or thereafter to be done upon the Seas or any other place above
Limitted That then such Order, Process, Judgement and Execution shall
be used had Done and made to and against every such person or Persons
so being Indicted as against Traitors, Felons and Murtherers for
Treason, Felony, Robbery, Murther or such Offences done upon the Land
as by the Law of this Realm is Accustomed, and that the Tryal of such
Offence or Offences if it be Denied by the Offender or Offenders shall
be had by Twelve Lawfull men Inhabited in the Shire Limited within
such Commission, which shall be Directed as is aforesaid, and no
Challenge or Challenges to be had for the Hundred.

And such as shall be Convict of any such Offence or Offences by
Verdict, Confession or Process by Authority of any such Commission
shall have and Suffer such pains of Death, Losses of Lands, Goods and
Chattels as if they had been Attainted and Convicted of any Treasons,
Felonies, Robberies or other the Like said Offences done upon the
Land,[4] Which said Act for Pirates with Several other Acts of
Parliament of the Kingdom of England are made of Force in this
Province by of Act of Assembly Intitled an Act to put in Force in this
Province the several Statutes of the Kingdom Of England or South
Britain therein particularly mentioned, duely Ratified in open
Assembly the Twelth Day of December in the year of our Lord One
Thousand Seven Hundred and Twelve, In which said Act of Assembly
Amongst other things It is Enacted That the Honble Governor and the
Council of this Province for the time being shall have all the power
and Authority relating to the Execution of the therein Enumerated
Statutes as by the same or by any other the Laws of England are Given
to the Lord Chancellor or the Lord Keeper of the Great Seal of England
as the said Act of Assembly, reference being there unto had, will more
fully appear.

[Footnote 4: Thus far quoting, correctly, sect. 2 of 28 Henr. VIII.
ch. 15.]

Now Know yee, That we, reposing especial Trust and Confidence in the
Ability, Care, Prudence and Fidelity of you the said Nicholas Trott,
Thomas Howard, Charles Hart, Thomas Broughton, Arthur Middleton, Ralph
Izard, Philip Daws, William Cuthbert, Allen Archer and Samuel
Brailsford or any four of you, the said Nicholas Trott to be one, have
constituted and Appointed and by these presents Do Constitute and
Appoint you to be Our Commissioners in South Carolina for Examining,
Enquiring of, Trying, Hearing and Determining and Adjudging, according
to the directions of the said act of Parliament as made of force in
the said province of South Carolina, all Treason, Piracies, Robberies,
Felonies and Murthers Committed in or upon the Sea or within any
Haven, River, Creek or place where the Admiral or Admirals have power,
authority or Jurisdiction, And to Do all things necessary for the
hearing and final Determination of any Cases of Treason, Piracy,
Robbery, Felony or Murther Committed on the Sea or where the Admiral
hath Jurisdication, and to Give Sentence and Judgement of Death and to
Award Execution of the Offenders so Convicted and Attainted, And we
hereby direct, Impower and require you our said Commissioners to
proceed, Act, Examine, hear, adjudge and Determine in all things as
fully and amply to all Intents and purposes within this province of
South Carolina as any Commissioners in the Kingdom of England
Impowered by Commission under the Broad Seal pursuant to the said
Statute of the Twenty Eight of Henry the Eight for Pirates or any the
like Commissioners in any of the British Plantations in America can or
may lawfully doe, perform and Execute, And we do hereby Require and
Command all our Officers and all other Persons whatsoever in anywise
concerned to take notice of this our Grant and give all due Obedience
to your said Commissioners in the Execution of the several powers
herein Granted you, as they will Answer the Contrary att their Perils.
Witness our Deputy Governor and our Deputies at CharlesTown in South
Carolina And Given under the Publick Seal of the said Province of
South Carolina This First day of November In the Third year of the
Reign of our Lord George, by the Grace of God of Great Britain France
and Ireland King, Defender of the faith etc. And in the year of our
Lord One Thousand Seven hundred and Sixteen.

ROBERT DANIEL.[5]
GEORGE LOGAN.
FRA. YONGE.
SAM: EVELEIGH.

[Footnote 5: Governor Edward Craven, sailing for England in April
preceding, had left Col. Robert Daniel deputy governor in his stead.
The other signers were deputies of individual proprietors.]




THE PIRATES OF THE _WHIDAH_.


_107. Cyprian Southack to Governor Samuel Shute. May [5?], 1717._[1]

[Footnote 1: Mass. Archives, vol. 51, pp. 287, 287a. Cyprian Southack
was a notable sea-captain and pilot. For a number of years he
commanded the naval vessel of Massachusetts, so that it was the
natural course for the governor to send him in pursuit of pirates who
suddenly appeared on the Massachusetts coast. In 1711 he had commanded
a vessel in the unfortunate expedition against Quebec under Sir
Hovenden Walker, and the admiral had stayed at his house during his
long detention in Boston. He was also the most noted map-maker of his
time in New England; in 1694 King William had admitted him to kiss his
hands and had given him a gold chain of £50 for his map of
Newfoundland, Nova Scotia, and the St. Lawrence region (_Acts. P.C.
Col._, II. 264). The governor whom he addresses was Samuel Shute,
governor 1716-1727. The ending of the War of the Spanish Succession
(1713) had as usual caused a large revival of piracy, many privateers
turning to that trade. The career of the _Whidah_ and of Capt. Samuel
Bellamy can be made out from the depositions which follow. On April
26, in a heavy gale, she had come ashore on the sands of Cape Cod, in
what is now Wellfleet, and all on board but two men (see doc. no. 114)
were drowned. More than a hundred of the pirates thus perished. Of
those who escaped wreck, in the smaller vessels, several, who had
constituted the prize crew of the _Mary Anne_ (doc. no. 109), were
captured, tried, and executed (doc. no. 112). The story is told in
_The Trials of Eight Persons Indited for Piracy_, etc. (Boston, 1718),
and by Mr. John H. Edmonds in the _Boston Sunday Globe_ for Oct. 22,
1916.]

CAPE COD HARBOUR[2] May [5?] 1717

[Footnote 2: Southack had come across from Boston into the inner side
of the Cape.]

_Maye itt Pleass Your Excellency_

_Sir_, may 2 at 1 After noon I Came to Anchor here, finding Serveral
Vessells, Visseted them and on board one of them found a Yung man
boling[3] to the Ship the Pirritt[4] Took 26 April in South Channell,
Saileing from Nantaskett the Day before at 3 After noon. April 26
Pirritt Ship Took a Sloop in South Channell, Lading with West India
Goods, Sloop or Master I no not as Yett.[5] at 7 After noon the
Pirrett Ship with her Tender, being a Snow a bout Ninty Tuns they Took
in Latitude 26°, 15 Days agoe,[6] maned with 15 of Pirritts men, wine
Ship and Sloop all to Gather Standing to the Northward. at 12 Night
the Pirritt Ship and wine Ship Run a Shore, the Snow and Sloop Gott
Off Shore, being Sen the Next morning in the Offen.[7]

[Footnote 3: Belonging. Spelling was not one of the captain's many
accomplishments. For facsimiles of his handwriting, see _Memorial
History of Boston_, II. liv, 98.]

[Footnote 4: Pirate. The South Channel lies in the southern portion of
Nantucket Sound, south of the great shoal known as the Horse-shoe. The
ship here alluded to was the pink _Mary Anne_; see doc. no. 109.]

[Footnote 5: The _Fisher_; see doc. no. 111.]

[Footnote 6: See the last part of doc. no. 108. A snow was a small
vessel like a brig except for having a supplementary third, or
trysail, mast.]

[Footnote 7: Seen; offing. The local legend, as recounted by the
minister of Wellfleet in 1793, was that the captain of the snow,
ordered by Bellamy to precede the _Whidah_ with a light at his stern,
under promise of receiving the snow as a present if he should pilot
him safely into Cape Cod Harbor, purposely "approached so near the
land, that the pirate's large ship which followed him struck on the
outer bar: the snow being less [in draft] struck much nearer the
shore". Rev. Levi Whitman, in Mass. Hist. Soc., _Coll._, III. 120. But
the evidence in doc. no. 111 is to the contrary.]

Sir, 29 April Came to Anchor sum Distance from the Pirritt Rack[8]
Ship, a Very Great Sloop. After Sending his boat to the Pirrit Rack
Thay Came to Saile and Chassed serveral of Our fishing Vessells, then
stod in to Sea which I belive to be his Cunsatte.[9]

[Footnote 8: Wreck.]

[Footnote 9: Consort.]

May 2 at 2 After noon I sent Mr. Little and Mr. Cuttler to the Rack.
they Got their that Night and Capt[10] watch till I Came the Next
morning. at my Coming their I found the Rack all to Pices, North and
South, Distance from one a Nother 4 Miles. Sir, whear shee Strock
first I se one Anchor at Low water, sea being so Great Ever sence I
have ben here, Can not Come to se what maye be their for Riches, nor
aney of her Guns. she is a ship a bout Three hundred tuns. she was
very fine ship. all that I Can find saved Out of her, is her Cables
and som of her sailes, Cut all to Pices by the Inhabitances here.
their has ben at this Rack Two hundred men at Least Plundring of
her.[11] sum saye they Gott Riches Out of the sand but I Can not find
them as yett. Sir, what I shall Gett to Gather will be to the Value of
Two hundred Pounds. If Your Excellency Pleass to send the sloop to
Billingsgatt[12] for itt, is Carted Over Land to that Place. Sir, here
has been 54 whit men and 4 Negros Come a shore Ded from the Rack. If
their be aney News by the Pirritts at boston[13] whear the money is, I
humbley Desier Your Excelleny menets[14] of what Place in the ship itt
was in, for I am in Great hops. whare the Anchors are the money is I
fancy, and weather Per mett I have Got a whale boat to fish for itt
and Things for that service.[15]

[Footnote 10: Kept.]

[Footnote 11: "Wrecking" was still an important industry in the world.
Indeed, as late as 1853, in this very neighborhood (Nauset Light),
Emerson records in his _Journal_, VIII. 399, "Collins, the keeper,
told us he found obstinate resistance on Cape Cod to the project of
building a lighthouse on this coast, as it would injure the wrecking
business".]

[Footnote 12: Wellfleet Bay.]

[Footnote 13: Those already in prison.]

[Footnote 14: Minutes.]

[Footnote 15: Rev. Mr. Whitman says (1793), "At times to this day,
there are King William and Queen Mary's coppers picked up, and pieces
of silver, called cob money [see doc. no. 62, note 15]. The violence
of the seas moves the sands upon the outer bar so that at times the
iron caboose of the ship, at low ebbs, has been seen." _Ubi sup._ In
1863 she was quite visible. Another reporter tells us that "For many
years after this shipwreck, a man of a very singular and frightful
aspect used every spring and autumn to be seen travelling on the Cape,
who was supposed to have been one of Bellamy's crew. The presumption
is that he went to some place where money had been secreted by the
pirates, to get such a supply as his exigencies required. When he
died, many pieces of gold were found in a girdle which he constantly
wore." Thoreau, _Cape Cod_, ed. 1914, p. 192. On one of Southack's
maps, a narrow waterway across Cape Cod is marked with the legend,
"The Place where I came through with a Whale Boat, being ordered by
the Governm't to look after the Pirate Ship _Whido_, Bellame
Command'r, cast away the 26 of April, 1717, where I buried One Hundred
and Two Men Drowned". This map, with this legend, is reproduced at the
back of Miss Mary R. Bangs's _Old Cape Cod_ (Boston, 1920). The
western initial portion of this waterway still exists, in the town of
Orleans, and is known as "Jeremiah's Gutter". See A.P. Brigham, _Cape
Cod and the Old Colony_, pp. 80-82.]

Sir, here is One Caleb Hopkines, Senr., of freetown, which has Dun a
Great Dell of Damage to Your Excellency Officers in Doeing their Duty.
I Pray Your Excellency would send a Order for his Coming to boston in
Order to Answare what I shall Aledge aganst him.

Sir, Yr Excellency Most
Obed. serv'tt

CYPRIAN SOUTHACK.


_108. Examination of John Brown. May 6, 1717._[1]

[Footnote 1: Suffolk Court Files, no. 11945, paper 5; a fragment.]

The Substance of the Examinations of John Brown, etc. Taken by order
of His Excellency the Governour on Munday the 6th of May 1717.

John Brown being interrogated saith, that he was born in the Island of
Jamaica, is 25 years old and unmarried. About a year agoe he belonged
to a Ship commanded by Captain Kingston, which in her voyage with
Logwood to Holland was taken to the Leeward of the Havana by two
Piratical Sloops, one commanded by Hornygold[2] and the other by a
Frenchman called Leboose,[3] each having 70 men on board. The pirats
kept the Ship about 8 or 10 daies, and then having taken out off her
what they thought proper delivered her back to some of the men, who
belonged to her. Leboose kept the Examinate on board his Sloop about 4
months, the English Sloop under Hornigolds command keeping company
with them all that time. Off Cape Corante[4] they took two Spanish
Briganteens without any resistance, laden with cocoa from Ma[l]aca.
The Spaniards, not coming up to the pirats demand about the ransom,
were put ashoar and their Briganteens burn'd. They sailled next to the
Isle of Pines, where meeting with three or four English Sloops empty,
they made use of them in cleaning their own, and gave them back. From
thence they sailled in the latter end of May to Hispaniola, where they
tarried about 3 months. The Examinate then left Leboose and went on
board the Sloop commanded formerly by Hornygold, but at that time by
one Bellamy, who upon a difference arising amongst the English Pirats
because Hornygold refused to take and plunder English Vessels, was
chosen by a great majority their Captain, and Hornygold departed with
26 hands in a Prize Sloop, Bellamy having then on board about 90 men,
most of them English. Bellamy and Leboose sailled to the Virgin
Islands and took several small fishing boats, and off St. Croix a
French Ship laden with flower and fish from Canada, and having taken
out some of the flower gave back the Ship. Plying to the Windward the
morning they made Saba[5] they spy'd two Ships, which they chased and
came up with, the one was commanded by Captain Richards,[6] the other
by Capt. Tosor, both bound to the bay. Having plunder'd the Ships and
taken out some young men, they dismist the rest and Tosors Ship and
made a man of War of Richards's, which they put under the command of
Bellamy, and appointed Paull Williams Captain of the Sloop. Next day
they took a Bristol Ship[7] commanded by James Williams from Ireland
laden with provisions, and having taken out what provisions they
wanted and two or three of the Crew let her goe. Then they parted with
their French consort at the Island of Blanco[8] and stood away with
their Ship and Sloop to the windward passage, where in the latter end
of February last they met with Captain Laurence Prince in a ship of
300 Ton called the _Whido_, with 18 guns mounted, and fifty men, bound
from Jamaica to London, laden with Sugar, Indico, Jesuits bark and
some silver and gold, and having given chase thre daies took him
without any other resistance than his firing two chase guns at the
Sloop, and came to an anchor at Long Island.[9] Bellamy's crew and
Williams's consisted then of 120 men. They gave the Ship taken from
Captain Richards to Captain Prince, and loaded her with as much of the
best and finest goods as she could carry, and gave Captain Prince
above twenty pounds in Silver and gold to bear his charges. They took
8 or 10 men belonging to Captain Prince; the Boatswain and two more
were forced, the rest being volunteers. off Petteguavis[10] they took
an English Ship hired by the French, laden with Sugar and Indico, and
having taken out what they had occasion for, and some of the men,
dismist her. Then they stood away for the Capes of Virginia, being 130
men in Company, and having lost sight of the Sloop the day before they
made the land, they cruised ten daies, according to agreement between
Bellamy and Williams, in which time they seized three ships and one
Snow, Two of them from Scotland, one from Bristol, and the fourth a
Scotch Ship, last from Barbadoes, with a little Rum and Sugar on
board, so leaky that the men refused to proceed further. The Pirats
sunk her. Having lost the Sloop they kept the Snow, which was taken
from one Montgomery, being about 100 Ton, and manned her with 18
hands, which with her own Crew made up the number of 28 men; the other
two Ships were discharged being first plundered. They made[11]

[Footnote 2: Benjamin Hornigold was a pirate captain of some fame; he
soon after this surrendered to the governor of Bermuda, and "came in"
under the king's proclamation of Sept. 5, 1717, which offered pardon
to those pirates who should surrender within a given time. Charles
Johnson, _General History of the Pyrates_ (second ed., London, 1724),
I. 35, 70, 71; II. 274-276.]

[Footnote 3: _Id._, I. 35, 184.]

[Footnote 4: Cape Corrientes, near the southwestern point of Cuba.]

[Footnote 5: A small Dutch island, east of St. Croix, and between St.
Martin and St. Eustatius.]

[Footnote 6: The _Sultana_, James Richards. "The bay" means the Bay of
Honduras.]

[Footnote 7: The _St. Michael_.]

[Footnote 8: An islet among the Virgin Islands, east of St. John, and
not far from the Dead Man's Chest. The Windward Passage lies between
Haiti and Cuba. Jesuits' bark is cinchona, from which quinine is
made.]

[Footnote 9: One of the Bahamas.]

[Footnote 10: Petit Goave, a port in the southern part of Haiti.]

[Footnote 11: Here the fragment ends.]


_109. Deposition of Thomas FitzGerald and Alexander Mackonochie. May
6, 1717._[1]

[Footnote 1: Suffolk Court Files, no. 11945, paper 9.]

The Deposition of Thomas Fitz Gerald, Marriner, aged about nineteen
years, and late Mate of the Pink _Mary Anne_, belonging to Dublin
(whereof Andrew Crumsty was lately Commander) and Alexander
Mackconothy late Cook of the said Pink, aged fifty five years.

These Depon'ts Testify and say That on the twenty fourth day of April
last past, they sailed from Nantasket harbour bound for New York, and
on the twenty sixth day of the said month, being friday, in the
morning about nine of the clock, they discovered a large Ship, and her
Prize, which was a Snow, astern, and the large Ship came up with the
said Pink _Mary Ann_, between nine and ten, and ordered us to strike
our Colours, which accordingly we did, and then they shot ahead of us,
and braced too, and hoisted out her boat and sent seven Men on board,
Armed with their Musquets, pistols and Cutlashes (which Men are now in
Boston Goal) and they commanded the said Capt. Crumpsty to take his
Papers, and go aboard the said Ship with five of his hands and
accordingly the said Crumpsty with five of his Men rowed aboard the
said Pyrates Ship, and the seven Men tarryed aboard the Pink, and soon
after the Pyrates sent their boat on board the said pink with four
hands to get some of the Wine which they were Informed was on board
the Pink, and accordingly they hoisted the pinks boat off of the
hatches and opened the hatches and then went into the hold, but the
Cable being Quoiled in the hatchway, they found it difficult to Come
to the Wines in the hold, and so returned to their own Ship without
any wine, Except five bottles of green wine which the found in the
pinks Cabbin and carryed away, with some of the Cloaths which belonged
to the pinks Company, and presently after the pyrates had hoisted
their boat on board the great Ship, they gave Orders to the Pyrates on
board the pink to steer North Northwest after them, which Course they
followed till about four a Clock in the afternoon, and then the large
Ship whereof Capt. Samuel Bellame was Commander, and the snow and pink
lay too,[2] it being very thick foggy weather, And about half an hour
after four a Clock a sloop came up with Capt. Bellames Ship and he
hoisted out his boat and sent several men on board the Sloop and soon
afterwards, Vizt. about five a Clock, the Commander of the snow bore
away, and came under the stern of Capt. Bellames Ship and told him
that they saw the Land; And thereupon Capt. Bellame Ordered the
Pyrates on board the Pink to steer away North, which they did, and as
soon as it began to be dark the sd Capt. Bellames Ship put out a light
astern and also the snow and the sloop and the pink had their lights
out; and about ten a Clock the weather grew thick and it lightned and
rained hard and was so dark, that the pinks Comp. Could not see the
shore till they were among the Breakers, when the Depon't Fitz Gerald
was at helm, and had lost sight of the Great Ship, Snow and Sloop; and
being among the breakers we thought it most proper and necessary to
weere[3] the Pink, and before we could trim the head sails we run
ashoar opposite to Sluts bush at the back of Stage harbour to the
southward of Cape Codd[4] between ten and Eleven a Clock at night, And
the seven Pyrates together with the Depon't and a young man named
James Donovan tarryed on board the said Pink till break of day[5] and
then found the shoar side of the Pink dry and so all of them went on
shoar upon the Island called Poachy[6] beach, and there tarryed till
about ten a Clock, when two Men came over in a Canno, Namely John
Cole[7] and William Smith, who Carryed the seven pyrates over to the
Main land, and then Cole came again to the Depon't and Inquired who
they (meaning the pyrates) were, and the Depon't Mackconothy Answered
they were pyrates and had taken the said pink, and soon after the said
John Cole Informed Mr. Justice Done of Barnstable[8] thereof, by
virtue of whose Warrant the said seven Pyrates were Apprehended, and
the Depon'ts Journeyed with them to Boston, where they are now in
Custody of the Keeper of His Maj'ties Goal as is aforesaid. And
further the Depon'ts say not; but that the said Pink is Bilged on
shoare, so that it is impossible to get her off.

THOS. FITZ GERALD

        signum
ALEXANDER [X] MACKCONOTHY

BOSTON May 6th 1717
Jurat May 8th, 1717

[Footnote 2: To.]

[Footnote 3: Wear, to come about before the wind.]

[Footnote 4: Slut's Bush was a rocky, swampy piece of land, well grown
with berry-bushes, in the midst of the large isle of Nauset, that lay
outside of the smaller Pochet Island and outside Stage or Nauset
Harbor, the harbor of Eastham. Now, Slut's Bush ledge and Nauset
Island are far out from the present shore and under deep water. On
this mostly sandy coast wind and wave have made extraordinary changes.
They are described, down to 1864, in an article by Amos Otis on "The
Discovery of an Ancient Ship", in _N.E. Hist. Gen. Register_, XVIII.
37-44. Much of his information came from the grandson of John Doane,
mentioned below, a grandson born not much later than 1717.]

[Footnote 5: In another deposition of Thomas Fitzgerald, reproduced in
_Trials of Eight Persons_, he gives us a quaint glimpse of the
pirates' psychology during this night of peril: "And in their Distress
the [Pirates] ask'd the Deponent to Read to them the Common-Prayer
Book, which he did about an Hour; And at break of Day they found the
Shoar-side of the Pink dry."]

[Footnote 6: Pochet.]

[Footnote 7: See his testimony in doc. no. 112.]

[Footnote 8: Either John Doane, Esq., or his cousin Joseph. Both were
justices of the peace for Barnstable County, but neither lived in
Barnstable town; they were the leading residents of Eastham.]

James Donovan, within named, made oath to the truth of the within
written Deposition, and further saieth that being upon deck on Friday
in the afternoon, on which day the Pink was taken, Alexand'r
Mackonothy being at the Helmn steering to windward of her Course, this
Declar't heard John Brown, one of the Pirates now in Goal, say that
for a small matter he would shute Mackonothy thro the head as soon as
he would a Dog and he should never tell his story.

JAMES DONOVAN

Jurat Cor. May 8th 1717

Coram[9]   PENN TOWNSEND } Justices of the
           JOHN CLARK    } Peace
           OLIVER NOYES  }

Attest. JOS MARION D. Secr'y.[10]

[Footnote 9: In the presence of.]

[Footnote 10: Deputy secretary of the province. Josiah Willard was
secretary.]


_110. Cyprian Southack to Governor Samuel Shute. May 8, 1717._[1]

[Footnote 1: Mass. Archives, vol. 51, pp. 289, 289a.]

EASTHAM May the 8, 1717

_Maye itt Pleass Your Excellency_

_Sir_, Captt. Gorham, Mr. Little, Mr. Cuttler and Mr. Russell,
Gentt'men that I have Deputed, have Rid at Least Thirty miles a moung
the Inhabtances, whome I have had Information of ther being at the
Pirate Rack, and have Gott Concernable Riches out of her. the first
men that want Doun to the Rack with the English man that was Saved out
of the Rack, I shall Mention their Names to Your Excellency in Order
for a Warrant to me for bringing them for boston before Your
Excellency, or as You Pleass, Sir, for all thes Pepol are very stife
and will not one[2] Nothing of what they Gott, on the Rack. Sir,
Fryday 26 April, at 12 night, Pirate Ship Came a shoare. Saturday 27
Instant, at 5 morning, Came the English man that was Saved out of
Pirate Ship,[3] Came to the house of Samuell harding, Two miles from
the Rack. After a smalle time the saide harding took the English man
on his Horse and Carred him to the Rack. thes Two made Serverall
Turnes from the Rack to harding house, so they most Gett much Riches.
by 10 Clock the same morning their Gott to the Rack a bout 10 men
more, and Gott a Great Dell of Riches. Sunday morning, Joseph[4]
Doane, Esqr., gott to the Rack but all was Gon of Vallue. Sir, he
Comanded the Inhabtances to save what they Could for the King, which
was them Things I Rett[5] to Your Excellency before of. Sir, the
Curner[6] and his Jurey Putt a stop to serverall Things beloning to
the Rack in Part for buering[7] Sixty Two men Came a shoare Dead from
the Pirate Rack, the Curner and his Jurey says their Due is Eight
Three Pounds. Sir, I am of the mind that the Curner and Jurey should
have nothing for buering aney of thes men After they New them to be
Pirats, and they had bured but Thirteen before they new them to be
Pirats. as Your Excellency Pleass, I humbley Desier Your Excellency
Orders to this Afare. the Curner name is Samuell freeman, for his
stoping aney of the Rack Goods for Paye is very hard. Sir, the weather
has ben very bad, and Great Sea, so we Can Due Nothing as yett on the
Rack with my Whale boat and men, but se the Anchor Every Low Watter.
Sir, If some Gentt'men ware Commissined here to Give Serverall of them
their Oath Concerning the Rack, itt will be of Great Service. Sir,
Coll. Ottis[8] and Joseph Doane, Esqr., are Very Good men.

[Footnote 2: Own.]

[Footnote 3: Thomas Davis; see his memorial, doc. no. 114.]

[Footnote 4: See doc. no. 109, note 8.]

[Footnote 5: Writ. The money on board the _Whidah_ was claimed by the
crown because of its being the product of piracy, not because of the
shipwreck, for if man or cat or dog escaped alive from any shipwrecked
vessel, its contents were technically not "wreck of the sea",
belonging as such to the crown, but were reserved for the owners, with
reasonable salvage to the preservers. A recent act, 12 Anne, II., ch.
18, provided that any who secreted goods saved from a wreck should be
punished with a fine of treble value; but this act did not run in
Massachusetts.]

[Footnote 6: Coroner. Investigation in cases of wreck and
treasure-trove was part of the duties of his office.]

[Footnote 7: Burying.]

[Footnote 8: Col. John Otis, the chief magnate of Barnstable County,
colonel of its militia, judge, member of the governor's council, and
grandfather of James Otis the revolutionary orator.]

Sir, 72 Dead men are Come a shoare out Pirate ship to this Time.

     The men that were Down first at the rack

     Samuell Harding        Jonathan Cole
     Joseph Collins Senr.   Edward Knowles
     Abiel Harding          Thomas Wood
     Samuell Horton         Samuell Airy

Sir, Yr Excellency Most
Obd. Servant

CYPRIAN SOUTHACK.


_111. Deposition of Ralph Merry and Samuel Roberts. May 11, 16,
1717._[1]

[Footnote 1: Suffolk Court Files, no. 11945, paper 3.]

We, Ralph Merry and Samuel Roberts, mariners, both of full age,
Joyntly and Severally testify and make Oath That on the twenty sixth
day of April last we belonged to a certain Sloope Called the _Fisher_
(whereof Robert Ingols was Commander), bound to Boston from Virginia,
being laden with Tobacco, hides and other things. That Assoon as we
arived within a few leagues off Cape Codd we met with a Ship of twenty
eight guns called the _Wedaw_, which assoon as they came near, haled
us and Demanded from whence we came. We told 'em That we came from
Virginia and were bound for Boston. Then they asked us whether the
Master was Acquainted here, meaning (as we suppose) with the Coast.
Our Master Answered he knew it very well, Whereupon they Commanded our
Master and Company to hoist out our boat, which we did, and then our
Master and Mate went on board the said Ship. they, keeping our Master
and Mate on board thereof, Sent four men Armed from thence on board of
our Sloop, whereupon the said Ship stood away to the Northward and
gave Orders to our Sloope to follow their Light, And being in the
Night we lost Sight of said Ship And followed a Snowe light which was
before in Company with her (which said Snow was a Prize the said Ship
had taken off from the Capes of Virginia, as we were informed) untill
the Snow was almost ashoar. then the said Snow came to an Anchor And
Called to us to doe the same, which we Accordingly did, and lay there
till about ten of the Clock the next day, being the twenty Seventh day
of said month; then, the wind blowing off Shoar, they Cutt their Cable
and bid us make the best of our way after them to the Eastward, and
About three leagues off the Cape they, taking out of our Sloope what
they pleased, Commanded us to goe on board the said Snow. then they,
Cutting our Mast off by the board, the hatches of our Sloope being
open, left her afloat in the Sea, then makeing the best of their way
to Menhagen[2] at the Eastward, where we arrived the twenty ninth of
said April, where they stayed and waited for the aforesaid Ship
_Wedaw_ Some time, but she came not, whereupon, thinking the Ship was
lost, they fitted their Long boat and sent her down to Mentinacus,[3]
where they tooke a Sloope belonging to Colonel Minot,[4] one Shallop
belonging to Capt. Lane,[5] and three Scooners. They brought the Sloop
and Shallop and (as we are Informed) the Sailes and Compasses of the
three Scooners to Menhagen, whereupon they manned the last mentioned
Sloope with ten hands and soe went after Capt. Cars Sloope, lying at
Peniquid,[6] which they alsoe took a little distance from said
Peniquid, but finding the Mast and Bowspreat not Serviceable they left
her there, and brought the Master thereof on board the Snow then at
Menhagen aforesaid. In these ten mens absence Came into Menhagen two
Shallops from Marblehead, which the Snow tooke and Caused 'em to come
to an Anchor there, and sent the men therein togeather With us the
Depon'ts to prison upon Menhagen Island, where we lay till they had
fitted the Sloop of Collonel Minots aforesaid with what they thought
fit from the Snow, and soe departed and left the Snow and all the rest
behind,[7] and leaving us to our Libertyes ordered the Skipper of the
Shallope to carry us to Marblehead which they accordingly did, where
we arrived yesterday, being the tenth day of May Instant.

RALPH MERRY
SAM'LL ROBERTS
  Attest: JOS. MARION, D. Secr'y.

BOSTON, May 16, 1717
Sworne before the Hon'bl Lieutenant
Governour and Council.

[Footnote 2: Monhegan, a small island on the coast of Maine, off
Pemaquid Point.]

[Footnote 3: Matinicus, a small island farther east, southward from
Rockland.]

[Footnote 4: Stephen Minot of Boston.]

[Footnote 5: Capt. John Lane of Malden, son of a noted
Indian-fighter.]

[Footnote 6: Pemaquid.]

[Footnote 7: A letter from Capt. John Lane, dated at Winter Harbor May
19, shows the continuance of operations: "This moment Came A young man
from Spurwinke which wass Taken by A pirat sloop of Aboute ninty men
with Eight guns which is now att an anker In Cape Elesebth Roade ...
they have Taken one sloop and one shallop which they keep with them".
Maine Hist. Soc., _Coll._, second ser., IX. 357.]


_112. Trial of Simon van Vorst and Others. [October], 1717._[1]

[Footnote 1: Suffolk Court Files, no. 10923; a fragment. The persons
on trial were Simon van Vorst, born in New York, John Brown, born in
Jamaica, Hendrick Quintor and Thomas Baker, both born in Holland,
Peter Cornelius Hoof, born in Sweden (but the name is Dutch), John
Shuan, a Frenchman, born in Nantes, and Thomas South, born in Boston,
England. The trial began Oct. 18, 1717; all but South were condemned
Oct. 22, and executed Nov. 15, "within flux and reflux of the sea."]

That one of the Prisoners asked the Depont. what he thought they were,
to which Baker who stood by, said that the King had Given them a
Commission to make their Fortune, and they were sworn to do it. After
the pink was cast on shoar they said they were in as bad a Condition
then as before.

Alexander Mackonachy, late Cook of the Pink _Mary Anne_ of Dublin,[2]
Saith, That on the 26th day of April last past, in the course of their
Voyage from Nantasket to New York, they were taken by a pyrate Ship
Called the _Whido_, Comanded by Capt. Samuel Bellamy, That all the
Prisoners at the Barr came on board the sd Pink Armed, Except Thomas
South and John Shuan, and made themselves Masters of the Pink; And
that Simon Van Vorst ordered the Captain to go on board the Ship
_Whido_ with his Papers and five of his Company. The Depont. further
Saith That the Pink was Cast away opposite to an Island Called Slutts
Bush; and after the prisoners were Carryed to the Main Land they
looked very sorrowfull and made all Imaginable speed in order to
Escape from the Hands of Justice. That Thomas South behaved himself
Civilly. That Thomas Baker Cutt down the Foremast and Mizen Mast of
the Pink when she run on shoar.

[Footnote 2: See doc. no. 109.]

John Brett, Marriner, Testifyeth and Saith, That in the Month of June
1716 he was taken by two Pyrate Sloops, one Commanded by Capt. Samuel
Bellamy and the other by Capt. Labous. They Damn'd the Depont. and bid
him bring his Liquor on board. They Carryed him to the Island of
Pynes, and he was detained a Prisoner by them there Eighteen days,
During which time John Brown was as Active on board the Pyrate Sloop
as the rest of the Company, he told a Prisoner then on board that he
would hide him in the hold, and hinder him from Complaining against
him, or telling his Story.

Thomas Checkley, Marriner, Saith, That he knows John Shuan the
Prisoner at the Barr, That he belonged to the _Tanner_ Frigot, One
John Stover Master, and sometime in March last the said Ship or Frigot
was taken in the prosecution of her Voyage from Pettyguavus to old
France by Capt. Samuel Bellamy and Monsieur Lebous. they pretended to
be Robbin Hoods Men. That Shuan Declared himself to be now a Pyrate,
and went up and unrigged the Maintopmast by order of the pyrates, who
at that time forced no Body to go with them, and said they would take
no Body against their Wills.

Moses Norman says that he knows Thomas Brown, and saw him in Company
with the Pyrates belonging to Capt. Bellamy and Monsr. Lebous when the
Depont. was taken with Capt. Brett in the Month of June 1716. That he
was Carryed to the Isle of Pynes, and kept Prisoner Seventeen or
Eighteen days, During all which time the sd Thomas Brown was very
Active on board of Capt. Labous.

John Cole Saith That on the twenty seventh day of April last he saw
the Prisoners now at the Barr, in Eastham, soon after they were Cast
on shore, that they tarryed a short time at his house, and lookt very
much Dejected and Cast down. they Enquired the way to Rhode Island,
and made great hast from his house tho he asked them to tarry and
refresh themselves.

John Done, Esq., Saith that hearing there were some Pyrates Journeying
towards Rhode Island, he pursued them with a Deputy Sheriff and other
assistants, and seized the Prisoners, now at the Barr, at Eastham
Tavern about the 27th of April last; When they Confessed that they
belonged to Capt. Bellamy Comander of the Ship _Whido_, and had taken
the Pink _Mary Anne_, in which they run on shoar.

After the aforenamed Witnesses were Examined, the Court in favour of
the Prisoners by giving them time to make their Defence Adjournd till
three a Clock post merediem.

The Court met about that time and the Prisoners were sent for and
brought again to the Barr, when the President[3] Observed to them,
that this Court had Given them time, till now, to make their own
Defence, Then demanded what they had to say for themselves.

[Footnote 3: Governor Shute. The court consisted of the governor,
William Dummer, lieutenant-governor, nine members of the council, John
Menzies, vice-admiralty judge, the captain of H.M.S. _Squirrel_, then
on the New England station, and the collector of the plantation duties
at Boston. See doc. no. 201, note 1.]

Simon Van Vorst Alledged that he was forced by Capt. Bellamys Company
to Do what he did, and would have mad known his Intentions to make his
Escape from the Pyrates unto the Mate of the sd Pink, but that he
understood by the Mates Discourse that he Inclined to be a Pyrate
himself, and therefore he did not discover his mind to the Mate.

Thomas Brown pretended himself also to be a forced Man, but produced
no Evidence to make it Appear to the Court.

Thomas South Alledged that he belonged to a Bristoll Ship[4] whereof
one James Williams was Master, That he was taken by Capt. Bellamy and
forced to tarry with him, otherwise was threatened to be put upon a
Desolate Island where there was nothing to Support him.

[Footnote 4: The _St. Michael_.]

Thomas Baker Saith that he and Simon Van Vorst were both taken out of
one Vessell, That he Attempted to make his Escape at Spanish Town,[5]
and the Governour of that place seemed to favour his Design, till
Capt. Bellamy and his Company sent the Governour word that they would
burn and destroy the Town, if that the sd Baker and those that
Concealed themselves with him were not delivered up, And afterwards he
would have made his Escape at Crabb Island[6] but was hindred by four
of Capt. Bellamy Compa.

[Footnote 5: The old Spanish capital of Jamaica, founded in 1525 by
Diego Columbus under the name of Santiago de la Vega.]

[Footnote 6: See doc. no. 72, note 5.]

Hendrick Quintor saith That he was taken by Capt. Bellamy and Monsr.
Labous; and they had Agreed to let him go to the Coast of Crocus[7] in
the French Vessel which they took him in, But the Commander thereof
soon after dyed and so Captn. Bellamy would not permit him to proceed
the sd. Voyage and he was unavoidably forced to Continue among the
Pyrates.

[Footnote 7: 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 with
them in their unlawfull Designs.

John Shuan, by his Interpreter, Saith That he was sick at the time
when Capt. Bellamy took him, and went on board the Pyrate Vessel at
the Instance of Capt. Bellamy's Doctor, who advised him to stay with
him till his Cure. And that when he went on board the Pink _Mary Anne_
he did not Carry any Arms with him; and that he hoped by going on
board the Pink he should the sooner make his Escape from the Pyrates,
for that he had a better way of getting his Living than by Pyrating.

The Evidence for the King being fully heard, and also the Pleas and
Allegations made by the Prisoners at the Barr, His Majesty's Attorney
General[8] in a very handsome and learned speech summed up the
Evidence and made his Remarques upon the whole, and the Court was
cleared, and the Evidence and pleadings thereupon against the
Prisoners, with their Defences, having been duly considered, and the
Question put,[9]

[Footnote 8: Paul Dudley, acting as king's advocate before the special
commission appointed under the act of 11 and 12 Will. III. ch. 7. See
doc. no. 104, note 1.]

[Footnote 9: Here this fragmentary record of the trial ends. On Oct.
22 Van Vorst, Brown, Quintor, Hoof, Shuan, and Baker were condemned
and sentenced to death. Cotton Mather records in his _Diary_, II. 483,
that on Nov. 2 he had obtained a reprieve, perhaps a pardon, for one
who was more penitent and less guilty than the others (South or Davis?
but both had been acquitted). On Nov. 15 he records, II. 488, "Six
pirates executed. I took a long and sad Walk with them, from the
Prison to the Place of Execution", instructed them, and prayed with
them. Before the end of the year he published _Instructions to the
Living, from the Condition of the Dead, A Brief Relation of
Remarkables in the Shipwreck of above One Hundred Pirates, Who were
Cast away in the Ship Whido, on the Coast of New-England, April 26,
1717, And in the Death of Six, who after a Fair Trial at Boston, were
Convicted and Condemned, Octob. 22, And Executed, Novemb. 15, 1717,
With some Account of the Discourse had with them on the way to their
Execution, And a Sermon preached on their Occasion_ (Boston, 1717). In
the pamphlet _The Trials of Eight Persons_ we see Van Vorst and Baker,
properly repentant, singing a Dutch psalm on their way to execution.]


_113. Trial of Thomas Davis. October 28, 1717._[1]

[Footnote 1: Suffolk Court Files, fragment 99. Davis was tried
separately, on Oct. 28, and acquitted on Oct. 30.]

Then the Kings Evidences were called into Court and, no Objection agt
them being made by the Prisoner,

Owen Morris, Marriner, was first Examined upon Oath, Who solemnly
Testifyed and Declared that he knew the Prisoner at the Barr, That he
belonged to the Ship _St. Michael_, whereof James Williams was Master,
and in the Month of September 1716 They left Bristol bound to Jamaica
and in December following the said Ship was taken by two Pyrat Sloops,
one comanded by Capt. Samuel Bellamy, and the other by Louis Le Boose,
about Twenty Leagues off Sabia,[2] That they Gave the said Williams
his Ship and Detained the Prisoner, because he was a Carpenter and a
Singleman, together with Three others of the Ships Company. And
further the Dep't Saith that the Prisoner was very Unwilling to goe
with Bellamy and prevailed with him by reason of his Intreatys to
promise that he should be Discharged the next Vessell that was taken,
and afterwards the Dep't was again taken in the Ship _Whido_,
Commanded by Capt. Prince, by the said Captain Bellamy, who was then
Commander of the Ship _Sultana_, taken from Capt. Richards as the
Dep't understood, and then he saw the Pris'r aboard the said Ship. At
which time the Pris'r reminded the said Bellamy of his promise. When
he asked him if he was willing to goe he answered, yes, and then the
said Capt. Bellamy replyed if the Company would Consent he should go.
And thereupon he asked his Comp'y if they were willing to lett Davis
the Carpenter go, Who Expressed themselves in a Violent manner saying
no, Dam him, they would first shoot him or Whip him to Death at the
Mast.

[Footnote 2: Saba; see doc. no. 108, note 5.]

Thomas South, Marriner, lately taken by Capt. Samuel Bellamy in the
Pyrate Ship _Whido_, Cast away upon this Coast, and Discharged upon
his Tryal, was admitted an Evidence, and being Accordingly Sworn
Saith; That the said Bellamy while he was in Command of the said Ship
_Whido_ took a Scotch Vessel off the Capes of Virginia last Spring,
Cutt down her Masts and Sunk her. That he heard the said Thomas Davis
went on Board her: but I did not see him. That this Depo't Thought it
not prudent to be too familiar with the Prisoner[3] because it might
tend to Create a Jealousy in the Pyrates, that the Depo't and the
Pris'r (whom they Suspected, because he was a forced man) would runn
away together, and The Depo't Saith further that Capt. James Williams,
Commander of the Ship _St. Michael_ (whose Carpenter the Pris'r was)
Intreated the said Capt. Bellamy when he took him to lett the Pris'r
go. But the Ships Comp'y would by no means Consent thereto by reason
he was a Carpenter, And swore that they would shoot him before they
would lett him go from them.

[Footnote 3: He had been a shipmate of Davis on the _St. Michael_.]

Capt. John Brett, Marriner, Sworn, Saith that he was taken by Capt.
Samuel Bellamy before the Ship _Sultania_ was taken from Capt.
Richards, and then it was the Custome among the Pyrates to force no
Prisoners, but those that remained with them were Voluntiers.

Capt. Thomas Fox, sworn, saith that he was taken by the Pyrates in
July last and Robb'd, and they Questioned him whether anything was
done to the Pyrates in Boston Goall. The Depo't Answered he knew
nothing about them, and in particular a Dutchman belonging to the
Pyrate asked him about his Consort, a Dutch Man, in Boston Prison, and
said that if the Prisoners Suffered they would Kill every Body they
took belonging to New England.

Seth Smith, Prison keeper in Boston, sworn, Saith that when the
Prisoner at the Barr was first brought to Goal his Illness hindered
their talking together, But sometime after as they were discoursing
the Depo't observed to the Prisoner that if he would be Ingenious and
make a Confession he might save his Life and be a good Evidance
against the other Pyrates in Prison, To which the Prisoner made answer
that he was abused by Several of the Pyrates that were Drowned and was
Glad he had got from them, but knew nothing against the Rest of the
Pyrates in Prison.

Then the Kings Council moved the Court that Capt. Thomas Glyn, a
Prisoner for Debt upon Execution, might be brought into Court to give
Evidence on his Majestys behalf in this Tryal, Whereupon the Court
directed the Sheriffs who have the keeping of his Majestys Goal to
bring the said Glyn into Court.

Capt. Isaac Morris, Sworn, Saith That on the 14th of September 1716 he
was taken by the Pyrates but knows nothing of Capt. Bellamy or his
accomplices.

Capt. Thomas Glyn, being brought into Court by the Sheriffs and
Interrogated upon Oath, Saith that he never knew the Prisoner.


_114. Memorial of Thomas Davis. 1717._[1]

[Footnote 1: Suffolk Court Files, fragment 26283, paper 2. With this
memorial we may connect a passage in the pamphlet _Trials_: "Mr.
Valentine [counsel for Davis] moved, That an Affidavit under the firm
seal of a Notary Publick in Great Britain, and in favour of the
prisoner, should be read in open Court", but the request was denied,
as contrary to the act of Parliament requiring all evidence respecting
pirates to be given _viva voce_. Davis is recorded as a shipwright,
aged 22, born in Carmarthenshire, who "had used the sea these five
years".]

Province of the Massachusetts Bay. To His Excellency Samuel Shute,
Esquire, Governour, and the Honourable His Majesties Council for the
said Province.

The Memorial and humble Representation of Thomas Davis of Bristol in
Great Britain, Shipwright,

Sheweth, That in the month of September last past he sailed out of
Bristol as Carpenter of the Ship _St. Michael_, whereof James Williams
was the Commander, bound for Jamaica, and on or about the sixteenth
day of December following We met two Pyrate Sloops, One Commanded by
Capt Samuel Bellame, and the other by Monsr. Louis Le Bou[s], who
took the said ship about twenty Leagues off of Sabia and Carried us to
the Island of Blanco, w[h]ere we were kept till the ninth day of
January when your Memo. (with about fourteen more Prisoners taken by
the said Pyrate Sloope) was forced on board the ship _Sultan Gally_,
taken from Capt. John Richards, then under the said Bellames Command,
And afterwards the said Bellame took another ship called the _Whiddo_,
and your Memo., with the rest of the said Ships Compa., Came in her
upon this Coast, where she was Cast away, as is very well known, and
your Memo, (with one Jno. Julian[2]) only Escaped. And since his
Imprisonm't he is Informed That some have Reported That your Memo. was
several times on board the said ship after she was Cast away and knew
where a considerable part of her Treasure was, and that he had
Concealed some of it;[3] and many other things have been given out
Concerning your Memo. very falsely, to the great prejudice of your
Memo., Who is altogether Ignorant of what is Alledged against him, And
hath already Discharged his Conscience by making a true and full
Discovery of all he knows referring to the premises. But your Memo.
being a stranger was not Credited and therefore he had no better Fare
than the Pyrates, being in Chains as well as they; Whereas he declares
from his heart that he was forced along with them, very Contrary to
his will and to his great grief and sorrow, and was no ways Active
among them any further than he was Compelled.

[Footnote 2: So the manuscript reads, but it is doubtless an error for
"Jno. Indian", which in the handwriting of that day would look much
the same; we know that one Englishman and one Indian alone escaped,
and in the printed _Trials_ it was testified that the pirates had "one
Lambeth and one Indian born at Cape Cod for Pilots."]

[Footnote 3: See doc. no. 110.]

And forasmuch as your Memo. understands that the Pyrates in Prison
suspect that he will make such discoverys as will not be pleasing to
them, he is fearfull least they should hurt him, if not deprive him of
life, to prevent his Testimony against them. Your Memo. therefore and
for the Considerations before mentioned Humbly prays your Excellency
and Honours will so far Indulge him as to free him from his Chains
and Imprisonm't with the pyrates, and that he may have some Apartm't
seperate from them, and that such other Relief may be Given to your
poor pet'r (who is Innocent of what is laid to his Charge) as the
matter will bear, and as to your Excellency and Honours in your great
Moderation and Compassion shall seem meet.

And your Memo. (as in Duty bound) shall ever pray, etc.

THOMAS DAVIS.


_115. Petition of William Davis. 1717._[1]

[Footnote 1: Suffolk Court Files, fragment 26283, paper 2. There were
several oral witnesses to Thomas Davis's good character.]

To His Excellency the Governour and Council

The humble Petition of William Davis of Bristol Carpenter and Father
of the said Thomas Davis,

Sheweth, That the said Thomas Davis from his youth up hath been a
Dutiful and Obedient son, and his life and Deportm't has been always
Regular and becoming as well as Peaceable, and your poor Pet'r prays
your Excellency and Honours will Compassionate him and extend your
Favour and Indulgence to his son as far as shall stand with your
Wisdom and Clemency.

And your Pet'r shall pray, etc.

WILLIAM DAVIS.

Capt. John Gilbert, Marriner, belonging to Bristol, Testifyeth and
saith That he well knew Thomas Davis (son of the abovenamed William
Davis) for these seven or eight years last past, and that he has had a
good Education in a Religious and Orderly Family, and his
Conversation, Carriage and behavour all that while was very decent and
becoming, and this Depon't has no reason to think but that he always
lived a well ordered life, having never heard to the Contrary.

And further Saith not.

JNO. GILBERT.




PRIZE COURTS.


_116. Sir Henry Penrice to the Secretary of the Admiralty. November
29, 1718._[1]

[Footnote 1: Public Record Office, Admiralty 1:3669. This letter was
apparently addressed to the secretary of the Admiralty, Josiah
Burchett. Sir Henry Penrice was judge of the High Court of Admiralty
from 1715 to 1751.]

_Sir_,

Since I had the Honour of your letter I have looked into the Registers
Office,[2] and there find Copies of the Orders of Council, of
Commissions for granting Letters of Mart, of Commissions for
proceeding in Prize Courts, and of Warrants to the Judge of the High
Court of Admiralty thereupon, in the years 1664, 1672, 1689 and
1702,[3] of which if you please you may have Copies if they will be of
any service in the present Case.

[Footnote 2: The office of the register of the Admiralty.]

[Footnote 3: At the beginnings, respectively, of the Second Dutch War,
the Third Dutch War, and the wars of William and of Anne against
France.]

Now as to the Question proposed whether there is Occasion for any
further power, to the severall Courts of Admiralty in the plantations,
other Remote parts, or at home, to Try and Condemn such Prizes as may
be Taken?

As far as I have observed during the course of the Wars with Holland,
France and Spain, the High Court of Admiralty have proceeded in all
Prize causes, by Virtue of Warrants from the Lord High Admiral or
Commissioners for Executing that Office, in pursuance of Commissions
under the Great Seal directed to them for that purpose;[4] and
Commissioners were appointed at the severall Plantations to take the
Examinations of Witnesses in preparatory and to transmit them hither,
together with the Ships papers, and in case the ship and Goods were
perishable they had a Power to Appraise and sell, and keep the produce
in their hands, till after Sentence, that the Merchants might have
time, and be at a Certainty, where to enter their Claims.

[Footnote 4: Such a commission (1748) is printed in Marsden, _Law and
Custom of the Sea_, II. 297, and (1756) in Stokes, _View of the
Constitution of the American Colonies_, p. 278.]

But after the American Act, the Vice-Admiralty Courts in the
Plantations, by Authority thereof,[5] proceeded in Prize Causes, which
I conceive they had no right to do before; and that power being during
the late War only, by Virtue of that Act, I presume it is now
determined. Therefore upon a Grant of new Powers, I must humbly submit
it to their Lordships Consideration, whether it may be for the Honour
and Service of his Majesty, to permit the Vice-Admiralty Courts in the
Plantations to proceed in Prize Causes, since it is much to be feared
they are not well versed in the Laws of Nations, and Treaties between
Us and other States; and it is well known that they do not proceed in
that Regular Manner as is practised in His Majesties High Court of
Admiralty; besides it will be a Considerable Time before Orders from
their Lordships upon any Emergency can reach the Vice Admiralty Courts
in the plantations, for want of which great Inconveniences may arise;
whereas the Admiralty Court here is under their Lordships Eye and
Immediate direction, and always ready to observe such Instructions as
the Nature of affairs shall require.

[Footnote 5: 6 Anne ch. 37, "An Act for the Encouragement of the Trade
to America" (1707), sect. 2.]

But this is most humbly submitted to Their Lordships great Wisdom, by,
Sir,

Your most humble servant

H. PENRICE.

DOCTORS COMMONS, November 29, 1718.




PIRACY OF BARTHOLOMEW ROBERTS.


_117. Extract from the Boston News-Letter. August 22, 1720._[1]

[Footnote 1: From the file possessed by the Massachusetts Historical
Society.]

_Boston_, On Monday last, the 15th Currant, arrived here the Ship
_Samuel_, about eleven Weeks from London, and ten from Lands end,
Capt. Samuel Carry Commander,[2] who in his Voyage hither, on the 13th
of July past, in the Latitude of 44, about 30 or 40 Leagues to the
Eastward of the Banks of New-foundland, was accosted and taken by two
Pirates, viz., A Ship of 26 Guns, and a Sloop of ten, both Commanded
by Capt. Thomas Roberts,[3] having on board about a hundred Men, all
English: The dismal Account whereof follows:

[Footnote 2: Sewall notes in his diary, under this same date of Aug.
15, "Cary arrives who had been pillaged by the Pirats." Mass. Hist.
Soc. _Coll._, XLVII. 259.]

[Footnote 3: For Thomas read Bartholomew. Bartholomew Roberts was one
of the most famous pirates of his time, _i.e._, of the years
1718-1724, the heyday of piracy in the eighteenth century. Capt.
Charles Johnson, in his account of that period, _A General History of
the Pyrates_ (London, 1724), devotes nearly a third of his book (pp.
161-260 of the first edition) to Roberts, as "having made more Noise
in the World" than others, and declares (p. 3 of preface) that
"Roberts and his Crew, alone, took 400 Sail, before he was destroy'd".
Of his appearance we have this picture, from the same chronicler's
account of his last fight: a tall dark Welshman of near forty,
"Roberts himself made a gallant Figure, being dressed in a rich
crimson Damask Wastcoat, and Breeches, a red Feather in his Hat, and a
Gold Chain Ten Times round his Neck, a Sword in his Hand, and two pair
of Pistols hanging at the End of a Silk Sling, which was flung over
his Shoulders, according to the Fashion of the Pyrates" (p. 213). His
meteoric career of piracy lasted but four years.]

The first thing the Pirates did, was to strip both Passengers and
Seamen of all their Money and Cloths which they had on board, with a
loaded Pistol held to every ones breast ready to shoot him down, who
did not immediately give an account of both, and resign them up. The
next thing they did was, with madness and rage to tare up the Hatches,
enter the Hould like a parcel of Furies, where with Axes, Cutlashes,
etc., they cut, tore and broke open Trunks, Boxes, Cases and Bales,
and when any of the Goods came upon Deck which they did not like to
carry with them aboard their Ship, instead of tossing them into the
Hould again they threw them over-board into the Sea. The usual method
they had to open Chests was by shooting a brace of Bullets with a
Pistol into the Key-hole to force them open. The Pirates carryed away
from Capt. Carry's Ship aboard their own 40 barrels of Powder, two
great Guns, his Cables, etc. and to the value of about nine or ten
Thousand Pounds Sterling worth of the Choicest Goods he had on board.
There was nothing heard among the Pirates all the while, but Cursing,
Swearing, Dam'ing and Blaspheming to the greatest degree imaginable,
and often saying they would not go to Hope point[4] in the River of
Thames to be hung up in Gibbets a Sundrying as Kidd and Bradish's
Company did, for if it should chance that they should be Attacked by
any Superiour power or force, which they could not master, they would
immediately put fire with one of their Pistols to their Powder, and go
all merrily to Hell together! They often ridicul'd and made a mock at
King George's Acts of Grace[5] with an Oath, that they had not got
Money enough, but when they had, if he then did grant them one, after
they sent him word, they would thank him for it. They forced and took
away with them Capt. Carry's Mate, and his Seamen, viz. Henry Gilespy,
Mate,[6] Hugh Minnens,[7] both North Britains, Michael Le Couter, a
Jersey Man, and Abraham, a Kentish Man, could not learn his Sir-name,
the Captains Book being carryed away, (except one Row born in Dublin
which they would not take because born in Ireland),[8] holding a
Pistol with a brace of Bullets to each of their breasts to go with
them, or be presently shot down, telling them that at present they
wanted none of their Service; but when they came to any Action, they
should have liberty to Fight and Defend the Ship as they did, or else
immediately be shot, that they should not tell tales. They had on
board the Pirate near 20 Tuns of Brandy. However the Pirates made
themselves very merry aboard of Capt. Carry's Ship with some Hampers
of fine Wines that were either presents, or sent to some Gentlemen in
Boston; it seems they would not wait to unty them and pull out the
Corks with Skrews, but each man took his bottle and with his Cutlash
cut off the Neck and put it to their Mouths and drank it out.[9]
Whilst the Pirates were disputing whither to sink or burn Capt.
Carry's Ship they spy'd a Sail that same evening, and so let him go
free.

[Footnote 4: Probably a derisive phrase of their own, for the ordinary
place of execution near Wapping Old Stairs.]

[Footnote 5: Proclamations offering pardon to pirates who should
surrender themselves within a given time. Two such proclamations of
George I., Sept. 5, 1717, and Dec. 21, 1718, are printed in the
American Antiquarian Society's volume of royal proclamations relating
to America, _Transactions_, XII. 176-178.]

[Footnote 6: When the survivors of Roberts's crew were tried at Cape
Corso Castle on the African coast in March and April, 1722, and
fifty-two of them executed, this man ("Harry Glasby") was acquitted,
for, though he had risen to be master of the principal pirate ship,
there was abundant evidence (Johnson, first ed., pp. 186, 235-238)
that he had always been unwilling to continue with the pirates, that
he had tried to escape, and that he had often shown himself humane.
Scott uses the name of Harry Glasby in _The Pirate_, vol. II., ch. 11,
borrowing it from Johnson.]

[Footnote 7: Or Menzies. _Ibid._, p. 228.]

[Footnote 8: Roberts's hostility toward Irishmen arose from the trick
played upon him by one of his lieutenants, an Irishman named Kennedy,
who on the coast of Surinam ran away with both his ship and a good
Portuguese prize. _Ibid._, pp. 166-169.]

[Footnote 9: They seem to have been painfully destitute of corkscrews.
A year later, on the West African coast, when they had captured in a
ship of the Royal African Company the chaplain of Cape Coast Castle,
and had asked him to join them, "alledging merrily, that their Ship
wanted a Chaplain", and he had declined, they gave him back all his
possessions, and "kept nothing which belonged to the Church, except
three Prayer-Books, and a Bottle-Screw, which, as I was inform'd by
one of the Pyrates himself, they said they had Occasion for, for their
own Use". _Ibid._, p. 198.]

And at Midnight they came up with the same, which was a Snow from
Bristol, Capt. Bowls Master, bound for Boston, of whom they made a
Prize, and serv'd him as they did Capt. Carry, unloaded his Vessel and
forced all his Men, designing to carry the Snow with them to make her
a Hulk to carreen their Ship with.

The abovesaid Capt. Roberts in Novemb. 1718,[10] was third Mate of a
Guinea Man out of London for Guinea, Capt. Plummer Commander, who was
taken by a Pirate, and by that means Roberts himself became a Pirate,
and being an active, brisk Man, they voted him their Captain, which he
readily embraced.

[Footnote 10: Johnson says 1719 (second ed., p. 208), but 1718 is
correct. The _Princess_, Capt. Plumb, was captured at Anamabo by Capt.
Howel Davis. _Id._, first ed., p. 157; for the ensuing narrative,
_cf._ pp. 175-178.]

The said Roberts in the abovesaid Sloop, Rhode Island built, with a
Briganteen Consort Pirate, was some time in January last in the
Latitude of Barbadoes, near the Island, where they took and
endeavoured to take several Vessels; but the Governour,[11] hearing of
it, fitted out one Capt. Rogers of Bristol, in a fine Gally, a Ship of
about 20 Guns, and a Sloop, Capt. Graves Commander; Capt. Rogers
killed and wounded several of Roberts's Men, and made a great hole in
his Sloop, which his Carpenter with very great Difficulty (hundreds of
Bullets flying round him) stopt, and finding Capt. Rogers too strong
for him, tho' Graves did nothing, which if had, he must of necessity
been taken, he therefore run for it, as also did his Consort
Briganteen, which he never saw nor heard of since.

[Footnote 11: Robert Lowther, governor 1710-1721.]

From Barbadoes Roberts went to an Island called Granada,[12] to the
Leeward of Barbadoes, where he carreen'd his Sloop, and from thence
this Spring with 45 Men he came to Newfoundland, into the Harbour of
Trepassi,[13] towards the latter end of June last, with Drums beating,
Trumpets sounding, and other Instruments of Musick, English Colours
flying, their Pirate Flagg at the Topmast-Head, with Deaths Head and
Cutlash, and there being 22 sail in that Harbour, upon the sight of
the Pirate the Men all fled on Shore and left their Vessels, which
they possess'd themselves off, burnt, sunk and destroyed all of them,
excepting one Bristol Gally, which they designed to be their best
Pirate Ship, if a better did not present. After they did all the
mischief they could in that Harbour, they came on upon the Banks,
where they met nine or ten sail of Frenchmen, one of whom is the
Pirate Ship of 26 Guns abovesaid, taken from a French-man, unto whom
Roberts the Pirate gave the Bristol Gally, but sunk and destroyed all
the other French Vessels, taking first out what Guns were fit for his
own Ship, and all other valuable Goods.

[Footnote 12: Grenada, not yet a British possession.]

[Footnote 13: At the southeast corner of Newfoundland, just west of
Cape Race.]

Roberts the Pirate designed from Newfoundland to range thro' the
Western and Canary Islands, and so to the Southward, to the Island of
New Providence,[14] possest by Negroe's, in South Latitude 17, which
they say is the place of the Pirates General Rendezvous, where they
have a Fortification and a great Magazine of Powder, etc. where they
intend to spend their Money with the Portuguize Negro Women. Roberts
the Pirate says, that there is a French Pirate on the North Coast of
America, who gives no Quarter to any Nation, and if he met him, he
would give him none. The Pirates seems much enraged at Bristol Men,
for Capt. Rogers sake, whom they hate as they do the Spaniards.

[Footnote 14: This island seems to be imaginary. In the Atlantic,
which seems to be meant, there is no island in 17° 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 then
than now. Roberts went first to the West Indies, then to the west
coast of Africa, where after many exploits he was killed in battle
with H.M.S. _Swallow_, 50, in February, 1722. Johnson, first ed., pp.
179-188, 193-214. The captain of the _Swallow_ was knighted for the
exploit (capturing 187 pirates), and afterward became famous as
Admiral Sir Chaloner Ogle.]




ADMIRALTY COURTS.


_118. John Menzies to the Secretary of the Admiralty (?). July 20,
1721._[1]

[Footnote 1: London, Privy Council, Unbound Papers, 1:47, copy;
probably the original was addressed to the secretary to the Admiralty.
John Menzies, a Scotsman and a member of the Faculty of Advocates of
Edinburgh, was judge of the vice-admiralty court for New Hampshire,
Massachusetts, and Rhode Island, from Dec., 1715, to his death in
1728. See Mass. Hist. Soc., _Proceedings_, LIV. 93-94.]

_Copy_

_Sir_

Since I transmitted to you Copies of my Decrees with reference to
Captain Smart's Seizure when in this place,[2] I have not given you
the trouble of any Information of my Proceedings, or Complaints, The
Provincial Judges in Colonel Shute's Government and I having come to a
better understanding in relation to Prohibitions, by his Countenance
in Complyance with their Lordships Order.[3]

[Footnote 2: Capt. Thomas Smart of H.M.S. _Squirrel_. _Publications
Col. Soc. Mass._, VIII. 179; _Acts of the Privy Council, Colonial_,
III. 30.]

[Footnote 3: There was constant friction between admiralty judges and
common-law judges in America as there had been in England. In 1726
Judge Menzies was expelled from the legislature of Massachusetts for
stoutly standing by the complaints he had made to the Admiralty on
this subject. A discussion of one of them, by Richard West, counsel to
the Board of Trade, is printed in Chalmers, _Opinions_ (ed. 1858), pp.
515-519.]

This comes that the Lords Commissioners for Executing the Office of
Lord High Admiral may be informed of a Case that hath lately occurred
within the jurisdiction of Admiralty contained in my Commission,[4]
Namely, One Benjamin Norton of Rhode-Island, and One Joseph Whippole,
a Considerable Merchant of that Colony,[5] did fit out a Brigantine,
and sent her under the Command of the said Norton to the West Indies
last Fall (a Vessel by Common Observation more fit for Pirates than
Trade for which they pretended to Employ her) who Fell in with the
Pirates at St. Lucia in January last, and was (as he saith) taken by
One Roberts a Pirate, though by the Sequel it appears, he is more to
be considered as one of their Assistants and Correspondents, for after
he had remained with them Six or Seven Weeks, They took a Ship Dutch
Built of 250 Tuns Burthen, or thereby, and having Loaded her with
Sugars, Cocoa, Negroes, etc. of very considerable Value, All this they
gave to him for his Brigantine though of much more Value than She, and
by the most Judicious in the Country, is supposed to have been
committed to him as one of their Trusties, to Vend the Cargo in that
Colony, a Practice not without precedent in that Colony these several
Years past, if my Information fail not;[6] however, be that as it
will, he comes with this Ship and Cargo into Tarpaulin Cove,[7] a
Place lying between the Province of the Massachussets Bay and Rhode
Island, where (by the by) the Pirates used to come to infest Our
Coasts in April last: And did in a Clandestine Manner advise the said
Joseph Whipple of his arrival.

[Footnote 4: See _Acts P.C. Col._, III. 38-40.]

[Footnote 5: Benjamin Norton of Newport was probably the father of the
Benjamin Norton who in 1741 was commander of the privateer _Revenge_,
and as such figures in docs. nos. 114-162. Col. Joseph Whipple the
younger, afterward deputy governor of Rhode Island.]

[Footnote 6: According to Johnson, _General History of the Pyrates_,
first ed., pp. 183, 187, Roberts took at Dominica "a Dutch Interloper
of 22 Guns and 75 Men" and a Rhode Island brigantine of which one
Norton was master, and at Hispaniola, a little later, "mann'd Nortons
Brigantine, sending the Master away in the Dutch Interloper, not
dissatisfied".]

[Footnote 7: Tarpaulin Cove lies on the east side of Naushon, one of
the Elizabeth Islands.]

And having dropped Anchor there, he fired at, and brought too several
of Our Coasters, upon which a Rumour arose, that the Pirates were on
the Coast, whereby Our Coasters, except his Accomplices who understood
better, were deterred for some Days from Falling within his reach, And
in the interim, the aforesaid Whipple, with One Christopher Almy, and
One Pease, also considerable Traders of New Port in Rhode Island, with
some others, did improve that Opportunity, and carried off and
conveyed about 30 of the Negroes, with considerable Quantities of the
Sugars, Cocoa, etc., partly in Sloops sent out by them for that
purpose, and partly in such others as they intrusted therewith, and a
great part of which was by the said Almy and Whipple directed to
Providence Plantacion and recommended to the Care and Conduct of One
Whipple,[8] Brother to the said Joseph, that Place being their
Ordinary Mart and Recepticles for such Cargoes. But so many
accessaries were concerned, and the Cargo so considerable, the Secret
was Discovered, and thereupon the Officers of his Majesty's Customs,
both in the Province of Massachussets Bay and Colony of Rhode Island,
did exert themselves, and the Collector at Boston did Seize upon the
Ship and remainder of the Cargo,[9] The said Benjamin Norton upon the
Discovery having relinquished the Ship and absconded. And the
_Surveyor and Searcher at Rhode Island did Seize upon and Secure the
Sloop_ belonging to one Draper, employed by the said Joseph Whipple,
in which a considerable Quantities of the Sugars, etc., had been
carried off, And did insist against them, upon the breach of the Acts
of Trade, for _Neglect to make Entries as the Law directs_. Upon which
Informations I gave Decrees finding the same lawful Seizures, and
Ordered the Values thereof (after Sale should be made) to be Paid into
Court, in regard of the Circumstantial Case, and delivered up to the
Collector, etc., as Informers, upon their enacting and obliging
themselves in the Court of Admiralty to refund the Values in Case any
Owner should appear and make good their Title thereto within Twelve
Months. This is complyed with at Boston, but in the Colony of
Rhode-Island, though the Informations were Laid at the instance of the
Officers of the Customes, and that I had given Decrees Condemnator[y]
thereupon, and Ordered the Sales by Publick Vendue, Yet in regard I
had obliged them to Enact for Refunding, _The Collector_, in
conjunccion with the Governor at Rhode Island,[10] and some others of
his Assistants who were concerned in these, who had a part of the
Goods trusted in their Hands, till the same should be Sold by Warrant
of the Court of Admiralty, Did put a Stop to the Sale appointed by me;
And by an Act of the Governor and his Assistants have taken on them to
sell and Dispose thereof, and to lodge the Price in other hands than
by Decrees of Court was appointed, _albeit by their Charter_ they have
no right so to do.

[Footnote 8: Capt. John Whipple of Providence.]

[Footnote 9: The sheriff of Bristol county, Massachusetts, impressed
twelve men and horses and went to Tarpaulin Cove and took the ship
into custody. _Acts and Resolves Prov. Mass. Bay_, XI. 147.]

[Footnote 10: Samuel Cranston, governor 1698-1727.]

I being apprized of this their Proceeding that since the Cargo was
Condemned, and the Sale thereof appointed by the Court of Admiralty
which issued upon Informacions laid by the Collector and Surveyor of
his Majesty's Plantation Duties, who had the Sugars and Cocoa in their
Custody, and produced the Negroes before me in Court, There was an
Order past by the Governor and Council or Assistants at Rhode Island
directed to the Sheriffe, who of before had been one of these who put
an Estimate upon the Negroes by appointment of the Judge of Admiralty,
and to whom the Judge had Committed the Custody of the Negroes in
Court, Discharging him to deliver them up to the Judges Orders. I went
to Rhode Island, (though I had a Deputy there) and waited on the
Governor, and shewed to him my _Commission under the Great Seal of
Admiralty_, which also was Recorded in their Books, and insisted with
him on this, That I am uncontrovertedly by my Commission the Competent
Judge in these Parts upon the Contravention of the Acts of Trade, And
moreover, That by my Commission I am obliged to enquire after and
secure the Goods of all Pirates, etc., The words of my Commission
being _ad inquirendum et investigandum de omnibus et singulis bonis
Piratarum_, etc.[11] And as I was authorize[d] for that Effect, so I
conceived that the Governor and his Assistants, their business was
only to be aiding and assisting to me in the Execution which I
expected. And therefore Demanded of him, That according to my Order in
Court, the Negroes might be produced as formerly by the Sheriffe in
Court in Order to Sale. And that the Publick Court House, and House
where Vendues are usually made, may be made Patent to me as
heretofore, And that the Governor's Order for Shutting up thereof and
denying Access to me may be recalled. At the same time I also informed
him that I was accountable to the Lords of Admiralty or Vice Admiralty
for the Values and Produce of the Sales made by my Decrees. During
this Conference a Quorum of his Assistants in Council came in, before
whom I again resumed my desire, To which I received this Answer, That
the Governor _considers himself as Vice Admiral_ and that as such he
hath right _to intromett_ with All Goods belonging to Pirates, and
that _by the Charter all such is given to them_, and that he would not
allow me the Priviledge of the Court House, unless I would comply with
and acquiesse in their Acts of Council. To which I replyed, _Their
Charter contains no such Grant of Admiralty jurisdiction nor right to
any Piratical_ Goods (as will be evident on perusal thereof), Yea _in
the Year 1703/4 the Queen Discharged them from exercising any part of
Admiralty jurisdiction, which was complyed with ever since and the
Court constitute by the Kings Commission_.[12] And as to submitting to
their Acts of Council when derogatory to His Majestys Interest and the
Authority of his Court of Admiralty (which I conceive their Act of
which I complain is) was what I could not comply with, without
rendering my self unworthy of the Trust committed to me and betraying
thereof. Notwithstanding of all which they persisted in their
Resolution, and not only Debarred me from the Use of the Court House
but also to deliver up the Negroes, etc., to be sold, as I had
ordered, and afterward sold them amongst themselves at an undervalue:
By which their Contempt of his Majesty's Authority and Court of
Admiralty is obvious, Yea, their _incroaching upon and usurping of the
Admiralty Jurisdiction contrary to Queen Ann's express Order_
abovementioned is Palpable, And their refusing to give that aid and
assistance which the Judge did justly require of them in the terms of
his Commission appear to be highly punishable, if not a just ground
for forfeiture of their Charter, more especially being conjoyned with
this of a great many of that Colony, their keeping a continued
Correspondence with the Pirates, which renders the fair Traders very
uneasy, and insecure. All which I humbly submit to their Lordships
Consideration, and pray for redress, suitable encouragement, and
support to him, who is

Sir

Your most humble Servant

J. MENZEIS.

BOSTON 20th July 1721.

[Footnote 11: A commission of a vice-admiralty judge (Richard Morris,
New York, 1762) may be seen in English translation in E.C. Benedict,
_The American Admiralty_, fourth ed. (Albany, 1910), pp. 76-80, and
others in doc. no. 180, _post_, and doc. no. 181.]

[Footnote 12: See doc. no. 105, note 1.]




CASES OF JOHN ROSE ARCHER AND OTHERS.


_119. Trial of John Fillmore and Edward Cheesman. May 12, 1724._[1]

[Footnote 1: This and the ensuing documents, nos. 119-122, are taken
from the Massachusetts Archives, vol. 63, pp. 341-360, with some
omissions of repetitious matter. Judge Sewall notes in his diary, May
1, 1724, "After Lecture I heard the good News of Andrew Harradine and
others rising up and subjugating Phillips the Pirat". _Mass. Hist.
Soc. Coll._, XLVII. 335, where extracts telling the story are
transcribed from the _Boston News-Letter_ of Apr. 16, May 7, and May
21. Cheesman threw John Nutt, the master of the pirate ship,
overboard; "Harradine struck down [John] Phillips the Captain with an
Adds, and another man struck Burrell the Boatswain with a Broad Ax;
and the rest fell upon James [or Joseph] Sparks the Gunner, and having
in a few Minutes dispatched the said Four Officers, the rest of the
Pirates immediately surrendered themselves Prisoners". The result of
the trials here recorded was that William White and John Rose Archer
the quartermaster were condemned to die, William Phillips (not the
pirate captain), and William Taylor were reprieved and later pardoned,
the others were acquitted. _Acts and Resolves of Mass. Bay_, X. 627,
see also X. 437. A vivid account of the whole affair is given in the
second edition of Johnson, _General History of the Pyrates_, pp.
396-410; another, in _A Narration of the Captivity of John Fillmore,
and his Escape from the Pirates_ (Johnstown, N.Y., 1806).]

At a Court of Admiralty for the Tryal of Pirates held at Boston within
His Majesties Province of the Massachusetts Bay in New England on the
twelfth day of May in the Tenth year of His Majesty's Reign Annoq
Domini 1724, Pursuant to His Maj'ties Commission Founded on an Act of
Parliament made in the Eleventh and twelfth years of King William the
Third Entituled An Act for the more Effectual suppression of
Piracy,[2] and made perpetual by an Act of the Sixth of King
[George].[3]

[Footnote 2: 11 and 12 Will. III. ch. 7.]

[Footnote 3: 6 Geo. I. ch. 19.]

Present. The Honorable William Dummer, Esqr., Lieutenant Governor and
Commander in Chief in and over His Maj'ties Province of the
Massachusetts Bay in New England,[4] President of the Court.

[Footnote 4: Acting governor 1722-1728.]

William Tailer    Samuel Sewall    }
Penn Townsend     Edward Bromfield } Esqrs., of the Honorable
John Cushing      Nathanl. Norden  } Council of the Massachusetts
Thos. Hutchinson  Samuel Browne    } Bay.
Thomas Fitch      Adam Winthrop    }
         Spencer Phipps            }

     The Hono'ble John Menzeis[5]  } Esqrs., Commissioners Appointed
                  Thomas Durell    } by His Maj'ties
                  Thomas Lechmere  } said Commission.
                  John Jekyll      }

[Footnote 5: Admiralty judge. Capt. Thomas Durell, R.N., was the
commander of H.M.S. _Seahorse_. Thomas Lechmere, younger brother of
Lord Lechmere, was surveyor general of the customs for the northern
district of America; he had married the only daughter of Major-Gen.
Wait Winthrop, and was a defendant in the celebrated case of Winthrop
_vs._ Lechmere. John Jekyll was collector of the port of Boston.]

Proclamation was made Commanding silence upon Pain of Imprisonm't
whilst the act of Parliament and His Majesties Commission for the
Tryal of Pyrates were in Reading.

Then the said Court was Publickly and solemnly opened and Proclaimed
and the Honorable William Dummer, Esqr., President, took the Oath
directed in said Act, and afterwards Administred the same to the other
Commissioners beforenamed.

The Court appointed Joseph Hiller, Gent., Notary Publick for the
County of Suffolk within His Majesties sd. Province, Register of the
said Court, And Edward Stanbridge, Marshall of the Court of Vice
Admiralty, Provost Marshall of the said Court.

Then a Warrant issued out to the Provost Marshall to bring the Bodies
of John Filmore[6] and Edward Cheesman[7] into Court, and accordingly
they were brought to the Bar.

[Footnote 6: John Fillmore, born in Ipswich, Mass., in 1702, d. 1777,
was great-grandfather of President Millard Fillmore. The _Narration_
mentioned above, in note 1, was drawn up from his oral statements, as
remembered by a friend. He was taken out of the sloop _Dolphin_,
Haskell, fishing on the Newfoundland banks.]

[Footnote 7: Edward Cheesman, carpenter, was taken out of a ship bound
from Virginia to London, Mar. 25, preceding.]

Then the Cryer made Proclamation for all Persons that could Give
Evidence for the King against the Prisoners at the Bar to Come into
Court and they should be heard.

Then the sd. Prisoners were arraigned upon Articles Exhibited against
them for Piracy, Robbery and Felony, The Register reading them in the
words following--

Articles of Piracy, Robbery and Felony Exhibited against John Filmore,
Marriner, and Edward Cheesman, Ship Carpenter.

You and each of you stand Accused by His Maj'ties Advocate General of
Felony, Pyracy and Robbery--

First, For that you the sd John Filmore, together with John Phillips,
John Nutt, Samuel Ferne, Joseph Sparkes, William White and divers
others, on or about the fifth day of September last past, by force and
arm's, in or near a harbour upon Newfoundland upon the high sea
(within the Jurisdiction of the Admiralty of Great Britain)
Pyratically and Feloniously did surprize, seize and take three fishing
vessels belonging to His Majesties good subjects, and then and there
within the Jurisdiction aforesd., Feloniously and Pyratically with
force as aforesd. did take and Carry away an Indian man named Isaac
Lassen, and John Parsons, Marriner, one of His Maj'ties good subjects:
And afterwards, viz. on or about the Middle of sd. month of September,
on the high seas and within the Jurisdiction aforesd., he the sd John
Filmore, in the Jurisdiction aforesd., with force as aforesd.,
Pyratically and Feloniously did surprize seize and take a scooner of
the value of Five hundred pounds, ---- Furber Master, belonging to His
Majesties good subjects, and out of her then and there, within the
Jurisdiction aforesd., Feloniously and Pyratically did seize, take and
carry away a quantity of provision and cloth of the value of Fifty
pounds.

Secondly, For that the said John Filmore, in Conjunction as aforesd.,
on or about the beginning of sd. month of September, near the harbour
of St. Peters[8] upon the high seas and within the Jurisdiction
aforesd., Piratically and Feloniously did then and there with force,
etc., surprize, seize and take three fishing Vessels belonging to His
Maj'ties good subjects, and then and there, within the Jurisdiction
aforesd., with force as aforesd., Did Feloniously and Pyratically take
and Carry away out of the sd. Vessels a quantity of Provisions of the
Value of ---- and Eight of their Men.

[Footnote 8: The French island now called St. Pierre. It will be
observed that the first count in the indictment against William White
and others, doc. no. 121, presents in a somewhat different, and
apparently more correct, order the transactions described in the first
two counts of the present indictment.]

Thirdly, For that the sd. John Filmore, in Conjunction as aforesd.
with one John Burrill, one or about the ---- day of ----, upon the high
seas and within the Jurisdiction aforesd., with force and arm's did
Pyratically and Feloniously surprize and seize and take a French
Vessel named ----, and of the Burthen of ---- Tuns,[9] and out of her
then and there as aforesd. did Piratically and Feloniously take and
Carry away Thirteen Pypes of Wine of the Value of Three hundred
pounds, a quantity of Bread, and a Great Gun and Carriage of the value
of fifty pounds.

[Footnote 9: 150 tons, and of a value of £1000, according to the
indictment of White and others.]

Fourthly, For that the sd. John Filmore, in Conjunction as aforesd.,
on or about the ---- day of the month of ---- last,[10] upon the high
seas and within the Jurisdiction aforesd., with force, etc., did
Feloniously and Pyratically surprise, seise and take a Brigantine
named ----,[11] One Moor Master, and belonging to His said Majesties
good subjects, and out of Her then and there in manner as aforesd. did
take and Carry away Cloths and Provisions of the Value of Two Hundred
pounds.

[Footnote 10: About October 4; _ibid._]

[Footnote 11: _Mary_, value £500; _ibid._]

Fifthly, For that the sd. John Filmore, in Conjunction as aforesd., on
or about the month of ----[12] last, upon the high sea and within the
Jurisdiction aforesd., with force, etc., Did Piratically and
Feloniously surprise, seise and take a Brigantine named the ----, one
Reed Master, and belonging to His Maj'ties good subjects, bound to
Virginia with servants, and on or about seven days after, the sd. John
Filmore, in Conjunction with sundry others, upon the high sea within
the Jurisdiction aforesd., Feloniously and Pyratically with force and
Arms as aforesd. did surprise, seize and take a Portuguese Brigantine
bound to Brazel, and in manner as aforesd. did out of her take and
Carry away a Negro Man slave named Francisco, of the Value of One
hundred pounds, three Dozen of shirts of the Value of forty pounds, a
Cask of Brandy and Provisions of the Value of Thirty pounds.

[Footnote 12: October, £500, and the same value for the Portuguese
brigantine and the _Content_; _ibid._]

Sixthly, For that the sd. John Filmore, in Conjunction as aforesd., on
or about the twenty seventh day of October last, in the Lattitude of
Bermudas, on the high seas and within the Jurisdiction aforesd., with
force and arms Did Piratically and Feloniously surprise, seize and
take the sloop named _Content_, George Barrow Master, belonging to His
Maj'ties good subjects, and out of her then and there in manner as
aforesd. did seise, take and Carry away John Masters, the Mate of the
sd. Ship, and plate and Provisions to the Value of One hundred pounds.

Seventhly, For that the sd. John Filmore, in Conjunction as aforesd.,
on or about the seventh day of February last past, in the Lattitude of
37 or thereabouts, on the high sea and within the Jurisdiction
aforesd., with force and arms Pyratically and Feloniously did
surprize, seize and take a ship bound from London to Virginia,[13] one
---- Huffam Master, and belonging to His Maj'ties good subjects, and
out of her then and there, in manner as aforesd., did Feloniously and
pyratically take and Carry away one Great Gun and Carriage, Cloathing,
and a quantity of powder and Ball, all of the Value of One hundred
pounds.

[Footnote 13: Valued at £1000 in the later indictment.]

Eighthly, For that the sd. John Filmore and Edward Cheesman, in
Conjunction as aforesd., on or about the month of ---- last,[14] near
the Isle of Shoals, on the high sea and within the Jurisdiction
aforesd., with force and Arms Pyratically and Feloniously did
surprize, seize and take an Isle of Shoals Sloop, John Salter Master,
and belonging to His Maj'ties good subjects, in which the sd John
Fillmore and Edward Cheesman did Enter, in Conjunction with sd
Phillips, Nutt, Burril and Archer, together with their Guns,
Ammunition and provision, etc. and Did also then and there, within the
Jurisdiction aforesd., with force as aforesd., Feloniously and
Pyratically surprise, seize and take a schooner, One ---- Chadwell
Master, and also belonging to His Maj'ties Good subjects.[15]

[Footnote 14: Apr. 4.]

[Footnote 15: "Understanding that she belong'd to Mr. Minors at
Newfoundland, with whose Vessel they first went off a pyrating, a
Qualm of Conscience came athwart his [Phillips's] Stomach, and he said
to his Companions, 'We have done him Injury enough already'; so
order'd the Vessel immediately to be repair'd, and return'd her to the
Master". Johnson, second ed., p. 405. The schooner was the _Good-will_
of Marblehead, Benjamin Chadwell.]

Lastly, For that the said John Filmore and Edward Cheesman, in
Conjunction as aforesd., on or about the fourteenth day of April last
past, on the high sea and within the Jurisdiction aforesd., with force
and arms did Feloniously and Pyratically surprise, seise and take a
sloop,[16] Andrew Harradine Master, and belonging to His Maj'ties good
subjects, and on the fifteenth following, with force, etc.,
Feloniously and pyratically did Enter with all their Guns, Ammunition
and Provision, on board sd Sloop. All which sd. acts of Pyracy,
Robbery and Felony were by you and each of you done and Committed in
manner as aforsd., Contrary to the statutes and the Laws in that Case
made and Provided.

[Footnote 16: The _Squirrel_, of Annisquam, a fine new vessel, to
which Phillips transferred. Babson, _History of Gloucester_, pp. 286,
287.]

ROBT. AUCHMUTY, Adv. Genl.[17]

[Footnote 17: Afterward admiralty judge, 1728-1729, 1733-1747.]

Andrew Harradine, Master of the Sloop _Squirell_, Deposeth That on or
about the fourteenth of April last past, about twelve Leagues South
East of the Isle of Sables,[18] he was met and taken by Phillips the
Pyrate, who demanded and took from him his vessel, being a better
Sailor than that they were in. That he knows both the Prisoners at the
Bar, saw them on board the Pyrate when he was taken, but did not see
them armed, that neither of them went on board vessels when they were
taken. That John Filmore, the day after that this Depont. was taken,
Declared his mind to him and the minds of several others, to rise upon
the Pyrates in order to subdue them and Endeavour their escape. That
Edward Cheesman, upon the rising, threw Nutt the Master of the Pyrate
over board, That John Filmore struck Burrell the Boatswain on the head
with a broad ax, whilst the Depont. and others Dispatcht the Captain
and Gunner.[19]

[Footnote 18: Sable Island, south of Nova Scotia.]

[Footnote 19: John Phillips and James or Joseph Sparks. "Phillips' and
Burrill's heads were brought to Boston in pickle"; Diary of Jeremiah
Bumstead, May 3, 1724, in _N.E. Hist. Gen. Reg._, XV. 201.]

John Masters, late Mate of the Sloop _Content_, Deposed That on or
about the 27th of October last, he was taken out of the sd sloop
_Content_, George Barrow Master, in the Lattitude of Barbado's, by the
Pyrate Phillips, was kept by the Pyrates four Months and then
released, That whilst he was on board they took a ship from London
bound to Virginia, one ---- Huffam Master, That Nutt the Master of the
Pirate, Rose-Archer the Quarter Master,[20] and some others went on
board, and as this Depont. can Remember, John Filmore, one of the
Prisoners at the Bar, was forced to go on board with them, That the
sd. Filmore spoke to this Deponent several times about rising upon the
Pyrates, whilst this Depont. was onboard.

[Footnote 20: John Rose Archer was a seasoned pirate; he had served
under the famous Blackbeard. Johnson, p. 399.]

William Lancy, Fisherman, Deposed That he was taken by the Pyrate
Phillips and kept on board the Pyrate while they took nine Vessels,
that he never saw the Prisoners at the Bar take up arms at any time,
that they always seemed to him to be forced men.

After the Evidences had been severally sworn and Examined, the
Prisoners at the Bar were asked, what they had to Say, who severally
answered, they were forced men, that they never acted Voluntarily, and
that they were principally Concerned in the rising.

Then the Advocate General summ'd up the nature of the Evidences. And
the Prisoners were taken away from the Bar, and the Court was Cleared
and in private.

Then the Court, having duly weighed and maturely Considered the
Evidences against the Prisoners and their own Defence, Unanimously
Agreed and voted, That the sd. John Filmore and Edward Cheesman were
not Guilty of the Pyracies, Robberies and Felonies Exhibited agt.
them. Then the aforesd Prisoners were brought to the Bar and the
President pronounced the sd John Filmore and Edward Cheesman not
Guilty.[21]

[Footnote 21: Fillmore says, _Narration_, p. 18, that the court gave
him Captain Phillips's gun, silver-hilted sword, silver shoe- and
knee-buckles, and tobacco-box, and two gold rings that the pirate used
to wear. As late as 1857, the gun was still in the possession of a
cousin of President Fillmore's father. _N.E. Hist. Gen. Register_, XI.
144.]

Then the Court Adjourned to three a Clock in the afternoon.


_120. Trial of William Phillips and Others. May 12, 1724._

_P.M._ The Court met according to adjournment, and was opened by
Proclamation,

And a Warrant issued out for the bringing into Court the Bodies of
William Phillips,[1] Isaac Lassen, Henry Giles, John Baptis, Peter
Taffery, Charles Ivemay, John Bootman, John Combes and Henry Payne,
and they were accordingly brought to the Bar.

[Footnote 1: Not known to have been related to the pirate captain,
John Phillips. Lassen was an Indian, Giles a young lad, Baptis and
Taffery Frenchmen.]

Then the Cryer made Proclamation for all Persons that Could Give
Evidence for the King against the Prisoners at the Bar to Come into
Court and they should be heard.

Then John Baptis and Peter Taffery, being French men, were remanded
back to Prison in order to be tryed by themselves.

And the rest of the Prisoners were Arraigned upon Articles Exhibited
against them for Piracy, Robbery and Felony, The Register Reading them
in the words following, viz.

Articles of Piracy, Robbery and Felony Exhibited against William
Phillips, Isaac Lassen, Henry Giles, Charles Ivemay, John Coombes,
John Bootman and Henry Payne, Marriners.

You and Each of you stand Accused by His Majesties advocate General of
Felony, Pyracy and Robbery.

First, For that you, the said William Phillips and Isaac Lassen,
together with John Phillips, John Nutt, Samuel Ferne, James Sparkes,
William White, John Archer (otherwise Called John Rose Archer), and
divers others, on or about the 27th day of October last, in the
Lattitude of Barbados, on the high sea, and within the Jurisdiction of
the Admiralty of Great Britain, with force and arms did Pyratically
And Feloniously surprise, seise and take the Sloop named the
_Content_, George Barrow Master, belonging to His Majesties good
subjects, and out of them then and there in manner as aforesd. did
take and Carry away one John Masters, the mate of sd. sloop, and plate
and Provisions to the value of One hundred pounds.

Secondly, For that the said William Phillips and Isaac Lassen, in
Conjunction as aforesd., in the Month of ---- last,[2] upon the high
seas, within the Jurisdiction aforesd., with force and arms
Pyratically and Feloniously did surprize, seize and take a Portuguese
Brigantine bound to Brazil, and in manner as aforesd. did out of her
then and there take and Carry away a Negro Man Slave named Francisco,
of the value of One hundred pounds, three Dozen of shirts of the
value of forty pounds, one Cask of Brandy and Provisions of the value
of thirty pounds.

[Footnote 2: October, 1723.]

Thirdly, For that the sd William Phillips and Isaac Lassen, in
Conjunction as aforesd., on or about the fourth day of February last
past, upon the high sea, about thirty five Leagues to the southward of
sandy hook, within the Jurisdiction aforesd., with force and arms
Pyratically and Feloniously did surprize, seise, enter into and take a
snow, one ---- Laws master, belonging to His Maj'ties good subjects,
and out of her then and there with force as aforesd., Pyratically and
Feloniously take and Carry away Cloaths and provision to the value of
One hundred pounds.

Fourthly, For that the sd. William Phillips, Isaac Lassen and Henry
Gyles, in Conjunction as aforesd., on or about the first day of March
last, upon the high sea and within the Jurisdiction aforesd., with
force and Arms Pyratically and Feloniously did surprise, seize and
take a French Ship bound from Martenico to France and, in manner as
aforsd., out of her, with force as aforsd., then and there did
Pyratically and Feloniously take and Carry away One Negro Man named
Pierro, of the Value of sixty pounds, Eight Great Guns, twenty small
Arms, a number of Cutlashes, and a Considerable quantity of Brandy,
Wine and sugar to the Value of two hundred pounds.

Fifthly, For that the sd William Phillips, Isaac Lassen and Henry
Gyles, in Conjunction as aforsd., on or about the 27th of March last,
upon the high sea within the Jurisdiction aforesd., with force and
Arms Pyratically and Feloniously did surprise, seize and take two
ships bound from Virginia to London, One Commanded by John Phillips
and the other by Robert Mortmiere,[3] and in manner as aforesd. took
out of One of them (Commanded by John Phillips) Edward Cheesman,
Carpenter, whom they forced in manner as aforesd and Carried away.

[Footnote 3: Johnson, p. 401, gives the other captain's name as
Mortimer.]

Sixthly, For that the sd. William Phillips, Isaac Lassen, Henry Gyles
and Charles Ivemay, in Conjunction as aforesd., on or about the latter
end of the month of March, upon the high sea within the Jurisdiction
aforesd., with force and arms Pyratically and Feloniously did then
and there surprise, seize, Enter into and take a scooner belonging to
His Majesties good subjects, One Chadwell Master, and out of her with
force as aforesd. did Pyratically and Feloniously take and Carry away
sundry Provisions to the Value of forty pounds.

Seventhly, For that the said William Phillips, Isaac Lassen, Henry
Gyles and Charles Ivemay, in Conjunction as aforesd., on or about the
month of April last past, upon the high sea within the Jurisdiction
aforesd., did with force and arms Pyratically and Feloniously
surprize, seize, enter into and take a Fishing scooner, William Lency
Master, and then and there out of her with force as aforesd. and in
manner as aforesd. did take and Carry away divers goods and Provisions
to the value of Twenty pounds.

Lastly, For that the sd. William Phillips, Isaac Lassen, Henry Gyles,
Charles Ivemay, John Bootman, John Coombes and Henry Payne, in
Conjunction as aforesd., on or about the 14th of April last past, on
the high sea and within the Jurisdiction aforesd., with force and arms
did Feloniously and Pyratically surprise, seize and take a sloop named
the _Squirrel_, Andrew Harradine Master, and belonging to His Maj'ties
good subjects, and on the fifteenth following, with force and arms
Feloniously and Pyratically did Enter with all their Guns, ammunition
and Provisions on board the sd Sloop. All which sd acts of Pyracy,
Robbery and Felony were by you and Each of you done and Committed in
manner as aforesd., Contrary to the statutes, and the Laws in that
Case made and Provided.

To all which Articles the sd William Phillips with the other Prisoners
at the Bar severally pleaded not Guilty.

_Advocate General._ May it Please your Honours,

The Prisoners now at the Bar stand also Articled against for Pyracy,
Robbery and Felony, and as the Charge so also the proof agt them
appearing more certain clear and possitive than in the Case of those
but lately Acquitted, I doubt not therefore of the Justice of the
Honorable Court in finding them and Each of them Guilty.

Then the Kings Evidences were called and sworn. John Masters, late
Mate of the Sloop _Content_, George Barrow Master, Deposed says that
being bound from Boston to Barbados in sd. Sloop on the 27th of
October last, the sd. Sloop was taken by a Pyrate Scooner Commanded by
John Phillips, That the Pyrates forced this Depont. to go with them,
and whilst this Depont. was with them, on the fourth of February last,
they took a snow, one Laws Master. Samuel Ferne and James Wood, both
since shot by Capt. Phillips,[4] William Taylor, now in Goal, and
William Phillips, one of the Prisoners at the Bar, went on board the
said snow armed with Cutlashes, that they brought Provisions from the
snow on board the scooner, but knows not whether Phillips brought any
or not.

[Footnote 4: For insubordination.]

William Lancey, Master of a Fishing scooner, Deposed That in the Month
of April last, he and his Company were taken off of Cape Sables[5] by
a Pyrate sloop Commanded by John Phillips, Captain, that they took
several vessels while this Depont. was on board, and when Captain
Phillips was about to dismiss this Depont. with his vessel he askt
this Depont. whether he would carry home with him one Willm. Phillips,
who was then on board the Pyrate Sloop, having one of his leggs Cut
off,[6] and whom the Depont. saith is one of the Prisoners now at the
Bar; and the Depont. answered, Provided the Captain and the Men were
willing he would Carry him with him, but the sd. William Phillips
refused to go with the Depont. saying if he should they would hang
him.

[Footnote 5: The southwest point of Nova Scotia.]

[Footnote 6: The carpenter had sawed it off, somewhat amateurishly,
after it had been wounded in the fight between the captain and Ferne,
as related below. Johnson, p. 400.]

John Filmore Deposed. Saith That he knows William Phillips. he was
taken out of a Sloop sometime in October last. the first vessel that
was taken after Phillips's being taken was a Brigantine. Cannot say
that Phillips went on board the Brigantine. he never saw him Armed
with other arms than a Cutlass. That in February they took a snow
bound from New York to Barbados, one Laws Master. Samuel Ferne, James
Wood, William Taylor and Wm. Phillips, one of Prisoners at the Bar,
went on board the snow armed with Cutlasses, who kept on board and
Navigated sd snow, as far to the southward as the Lattitude of 21,
where Ferne and Wood, attempting to run away with the scooner, in
order thereto Confined Taylor and Phillips: But Capt. Phillips the
Pyrate firing upon the snow, she brought too, and the sd Ferne was
Commanded on board, but he refused and fired upon Capt. Phillips and
Compelled the Prisoner at the Bar, William Phillips, to come and abide
upon Deck, where he had his left leg shot by Nutt, which was
afterwards Cut off. That Isaac Lassen was taken at Newfoundland in
Septr last. That he was generally set at the helm to steer the vessel.
he was once set on board the snow armed, when Fern, Wood, etc., were
running away with her. he never was forward nor did he ever see him
Guilty of any Act of Pyracy when vessels were taken, nor Share any
plunder, Except that they now and then obliged him to take a Shirt or
a pair of stockings when almost naked. That he was knowing of the
rising to subdue the Pyrates, and took hold of the Captains Arm, when
Harradine struck him in the head with the Ads. That Henry Gyles was
taken in February and forced to go with the Pyrates; Nutt obliged him
to keep a Journal being an Artist.[7] he never saw him armed on board,
that he was always Contriving to get away, and has often told this
Depont. that he would Escape if possible. that he was knowing of the
rising against the pyrates and forward and Active in it. That Charles
Ivemay was taken and forced out of the same ship that Cheesman the
Carpenter was. that he always behaved himself Civilly. he never saw
him Armed. That he was knowing of and brisk and Active in the rising
against the Pyrates. That there was no vessel taken after John
Bootman, John Coombes and Henry Payne were taken.

[Footnote 7: In the sense, now obsolete, of a person having scientific
attainments. "The moon, whose orb Through optic glass the Tuscan
artist views" (Milton, referring to Galileo). Probably Giles had some
knowledge of navigation. See his testimony in doc. no. 121.]

Edward Cheesman Deposeth That William Phillips leg was Cut off before
he[8] was taken by the Pyrates, That Henry Gyles was Guilty of no Act
of Pyracy that he ever saw or heard of, that he behaved himself
Civilly, kept a Journal being an Artist, That he has often told this
Depont. he would contrive some way or other to make his Escape, that
he was knowing of the Rising and forward and Active in it. That Isaac
Lassen behaved himself Civilly and always seemed to him to be a forced
man, That he never saw him in Arms; was the Man that took hold of Capt
Phillips's Arm when Harradine struck him. That Charles Ivemay was
Obliged and forced out of the same ship; he never was armed or forward
when vessels were taken, That he was Privy to the Design of subduing
the Pyrates and active in Executing it. That Bootman, Combes and Payne
seemed to be forced and there was no vessel taken after they Came on
board.

[Footnote 8: Cheesman.]

Andrew Harradine Deposeth That Phillips's leg was Cut off before
his[9] being taken, knows nothing of him, That Lassen always behaved
himself well, he never saw him armed, that he has several times told
this Depont. that the Pyrates should never Carry him off the Coast to
suffer by them as he had done already, that he was the first that took
hold of the Captain, when this Depont. struck him and killed him. That
he never saw any thing by Gyles and Ivemay but what was Civil, no ways
Active as Pyrates, that they were both acquainted with the design of
subduing the Pyrates, and stirring and brisk in the Execution thereof.
That Bootman, Combes and Payne came on board after he was taken, there
was no Vessel taken after their being on board. That Bootman was Privy
to and Active in the subduing the Pyrates, and Combes and Payne seemed
to him to be forced men.

[Footnote 9: Harradine's.]

The Witnesses having been Severally Examined and Deposed as aforesd.,
the Prisoners were asked whether they had any thing to say on their
own Defence. William Phillips said he was forced by the Pyrates out of
the Sloop _Glasgow_, William Warden Master, that sometime after he
was on board, he understood there were articles drawn up,[10] for the
Captain Called him auft, and with his pistol Cocked demanded him to
sign the sd. Articles or Else he would blow his Brains out, which he
refused to do, Reminding the Captain of his promise that he should be
cleared; but the Captn. Declaring that it should not hurt him, and
Insisting on it as aforesd., he was Obliged to sign the sd. Articles.
Then when Ferne and Wood were running away with the snow, they never
told him what design they were upon but told him they were going to
Holmes's hole,[11] and there every one to shift for himself, and the
rest alledging they were forced men and some of them that they were in
the secret of subduing the Pyrates and active in it, and others that
there was no vessels taking whilst they were on board.

[Footnote 10: Johnson, pp. 397-398, gives verbatim the text of these
articles of agreement (_cf._ doc. no. 50), a very curious set, to
which these pirates "swore upon a Hatchet for want of a Bible."]

[Footnote 11: Now Vineyard Haven, in Martha's Vineyard.]

Then the Prisoners being taken away and all withdrawn but the
Register, The Court maturely Weighed and Considered the Evidences and
Cases of the Prisoners and by a Plurality of Voices found the sd
William Phillips Guilty of the Pyracies, Robberies and Felonys
Exhibited against him, and by an unanimous voice found the sd. Isaac
Lassen, Henry Gyles, Charles Ivemay, John Bootman, John Coombes and
Henry Payne not Guilty.

Then the Prisoners were brought to the Bar and the President
acquainted William Phillips That the Court had found him Guilty of the
Pyracies, Robberies and Felonies Exhibited against him, and asked him
if he had any thing to say why sentence of Death should not pass upon
him for his Offences.

And he offering nothing Material the President Pronounced sentence of
Death against him in the following words--

"You, William Phillips, are to go from hence to the place from whence
you Come and from thence to the place of Execution, and there you are
to be hanged by the neck until you are dead, and God of His Infinite
Mercy save your Soul."

And the President Pronounced the said Isaac Lassen, Henry Gyles,
Charles Ivemay, John Bootman, John Coombs and Henry Payne not Guilty.

Then the Court adjourned till to morrow morning Eight of the Clock.


_121. Trial of William White, John Rose Archer, and William Taylor.
May 13, 1724._

May the 13th day A.M.

The Court met according to Adjournmt. and was opened by Proclamation.

  Present    The Hono'ble William Dummer, Esqr., etc. President.
William Tailer    Nathaniel Norden  }
Samuel Sewall     Thomas Hutchinson }
Penn Townsend     Samuel Browne     } Esqrs., of the Council of
Edwd. Bromfield   Thomas Fitch      } the Massachusetts Bay.
John Cushing      Adam Winthrop     }
         Spencer Phipps.            }

John Menzies    }
Thomas Durell   } Esqrs., Commissioners appointed in
Thomas Lechmere } His Majesties Commission, etc.
John Jekyll     }

A Warrant issued out for the bringing into Court William White, John
Archer, otherwise Called John Rose Archer, and William Tailer, and
they were brought to the Bar accordingly and arraigned upon the
several articles Exhibited against them for Piracy Robbery and Felony.

At a Special Court of Admiralty for Tryal of Pyrates held at Boston
within His maj'ties Province of the Massachusetts Bay in New England
on the twelfth day of May In the Tenth year of the Reign of our
sovereign Lord George, by the Grace of God of Great Britain, France
and Ireland King, Defender of the Faith, etc., Annoq Domini 1724--

Articles of Pyracy, Robbery and Felony Exhibited then and there
against William White, John Archer, otherwise Called John Rose Archer,
and William Taylor, Marriners--

You stand Accused by His Majesties Advocate General of Felony, Pyracy
and Robbery

First, For that the said William White, together with John Phillips,
John Nutt, Samuel Ferne and James Sparks, on or about the beginning of
September last past, by force and Arms, in a Certain harbour near St.
Peters in Newfoundland, upon the high sea, within the Jurisdiction of
the Admiralty of Great Britain, piratically and Feloniously did
surprise, seise, take and Carry away a Certain scooner named ----,
then and there being and belonging to His Maj'ties good subjects, and
on the fifth day of the sd. month, being on board the sd scooner as
aforesd., with force as aforesd., and on the high sea, within the
Jurisdiction aforesd., near Newfoundland did Pyratically and
Feloniously surprise, seize and take three fishing vessels belonging
to His Majesties good subjects and in manner as aforesd. did take out
of one of them an Indian Man named Isaac Lassen; and afterward, viz.
on or about the middle of the sd Month of September, on the high sea
and within the Jurisdiction aforesd., he the sd William White, in
Conjunction as aforesd. with divers others, with force and arms
Pyratically and Feloniously did surprise, seize and take a Certain
scooner named ----, one Furber, belonging to His Majesties good
subjects and of the value of Five hundred pounds, and then and there
within the Jurisdiction aforesd. out of her did seize, take and Carry
away a quantity of provision and Cloaths of the Value of fifty
pounds.[1]...

[Footnote 1: Articles II.-XII. are here omitted, being substantially
identical with arts. III.-VII. of the indictment in doc. no. 119 and
III.-VII. of that in doc. no. 120.]

Lastly, For that the sd. William White, John Archer, als Rose Archer,
and William Taylor, in Conjunction as aforesd., on or about the
fourteenth of April last past, on the high sea and within the
Jurisdiction aforesd., with force and Arms Did Feloniously and
Pyratically surprise, seize and take a Sloop named the _Squirrel_,
Andrew Harradine Master, of the Value of Three hundred pounds and
belonging to His Maj'ties good subjects and on the fifteenth following
with force and Feloniously and pyratically did Enter with all their
Guns, ammunition and provision on board the sd Sloop. All which
Actings of Pyracy, robbery and Felony were by you and Each of you done
and Committed in manner as aforesd., Contrary to the Statutes and the
Laws in that Case made and Provided.

ROB. AUCHMUTY, Adv. Genl.

Then the Kings Evidences were Called and sworn.

John Filmore Deposeth and Saith That he was in the harbour of St.
Peters when Mr. Minotts scooner was run away with, by which scooner he
was afterwards taken. That when he was Carried on board, he there saw
William White upon Deck. That White told this Depont. he Came out upon
that design, which this Depont. understood to be Pyracy, but that he
was in Drink and he was sorry for it. That White went armed on board a
Virginia Ship, that he had his Share of some Shirts that were taken
out of a Portuguese Brigantine, That John Rose Archer and William
Taylor (when a Brigantine whereof One Read was Master, in which the sd
Archer and White were, was taken), Voluntarily Joyned with the
Pyrates, That in a short time after Archer was Chosen Quartermaster
and after he was so, he went on board every Vessel they took, armed,
That William Taylor was very Great with Phillips, Nutt and Burrill,
being Admitted into the Cabbin, upon any Consultation they had
together.

Edward Cheesman Deposed That White told him he was [one] of the first
five that run away with Mr. Minotts Scooner, [That] they made him
Drink, and that he was sorry for it now. That in taking several
Vessels White was more Active than others, who pretended to be forced
men. That John Rose Archer, to this Deponts. certain knowledge, by
force and Arms Entred into several vessels they took and aided and
assisted in plundering the same and sharing part thereof, And that
William Taylor was as active on board as any of them; That this Depont
Saw him once take a great Coat and heard him then say, he would not
willingly hurt a Man, but he was upon the Account, and he must not go
Naked.

Isaac Lassen Deposeth That White told him three days [after] he was
taken, that he was sorry he Came out upon the [Accot.], That this
Depont. saw him go on board a snow armed, and that he shared part of
the plunder.

Henry Giles Deposed That White was one of the four that went on board
the Ship this Depont. was taken out of, that he was Armed with a
Cutlass and Shared part of the plunder, That he also Saw him go on
board a French ship armed with a Cutlass, out of which Ship they took
Eight Great Guns: That Archer also was one of the four that went on
board their ship armed with a Cutlash, and as this Depont. was going
over the side Archer threatned to Cut him in sunder if he did not make
hast and go on board the Pyrate with his Books and Instruments.

William Lancy Deposed That he was taken by the Pyrate Phillips
sometime in April last, That Archer the Quarter Master was one of
those who came on board his scooner and that he was armed with sword
or Cutlash; that the sd. Archer went on board all or most of the
vessels they took while this Depont. was with them, Armed with sword
or Cutlass; That Archer told him that he was one of Teaches[2] men and
went into South Carolina upon the Act of Grace. That White told this
Depont. he was sorry he came out upon the Accot. and if he Could he
would get away before they went off the Coast. That he heard William
Taylor say they were Carrying him to Virginia to be sold[3] and they
met with these honest Men, meaning the Pyrates, and he listed himself
to go with them.

[Footnote 2: Edward Teach or Thatch, the famous pirate commonly called
Blackbeard.]

[Footnote 3: _I.e._, as an indented servant.]

After the Kings Evidences had been severally Examined the Prisoners at
the Bar were asked what they had to say in their own Defence. William
White says he is sorry he should Commit such a sin, that he was in
Drink when he went away with Phillips, Nutt, etc., in Mr Minotts
scooner. John Archer and Willm Taylor say they were forced Men, and
Archer, being asked how he Came to be Quarter Master, Answered that
the Company thought him the fittest Man for a Quarter master and so
Chose him.

Then the Kings Advocate General summed up the nature of the Evidence
against the Prisoners, and the Prisoners were taken from the Bar, and
the Court cleared and in private.

Then the Court Maturely weighed and Considered the Evidences and the
Prisoners Cases, and Unanimously found William White, John Rose
Archer, and William Taylor Guilty of Pyracy, robbery and Felony
according to the Articles Exhibited against them. Then the Prisoners
were brought to the Bar and the President acquainted them that the
Court by a Unanimous Voice had found them Guilty. Then the Court
Adjourned to three a Clock in the afternoon.


_122. Trial of John Baptis and Peter Taffery. May 13, 1724._

The Court met and Opened according to Adjournm't by Proclamation and
Ordered John Baptis and Peter Taffery, two French Men, to be brought
[to] the Bar, and they were brought to the Bar accordingly and ordered
to attend to the articles read agt. them for Pyracy, Robbery and
Felony.

And the Register read the articles, which were the four last articles
of those Exhibited against William Phillips, Isaac Lassen, etc., to
which articles the sd John Baptis and Peter Taffery severally pleaded
not Guilty. Then the Kings Evidences being sworn, Called and
Interrogated, Deposed as follows.

William Lancy Deposed That whilst he was on board the Pyrat, up[on]
their Coming up with a Cape Anne vessel, Phillips the Captain [of] the
Pyrat ordered John Baptis to fetch up a Musquet, which he did, and
when the Captain was going to take the Musquet [to] fire, Baptis
twicht it out of his hands and fired it him[self], That Baptist was
one that went on board a sloop, one [Beel] Master, Armed.

David Jaw, belonging to the Scooner [whereof] Will'm Lancy was
Skipper, Deposed That John Baptis Came [on] board their Vessel with
several others armed. That Baptis Came [up] to this Depont. and Damnd
him and kicked him in his legs and [pointed] to his Boots,[1] which
was a sign as this Depont understood it that he wanted his Boots, and
he accordingly pull'd them off and Baptist took them.

[Footnote 1: Baptis, it will be remembered, did not speak English;
hence it was that he resorted to the expressive language of manual
(and pedal) signs.]

John Filmore Deposed That John Baptis and Peter Taffery, upon the
rising against the Pyrates, with others fell upon James Sparkes, the
Gunner of the Pyrate, and killed him and threw [him] Overboard.

Edward Cheesman Deposed That John Baptis always carried himself
Civilly on board and was always for[ward] to rise upon the Pyrates.
That Peter Taffery was [more active] than Baptis, that he saw him fire
at vessels [two or three] times.

Henry Giles Deposed That William[2] Phillips, the Capt[tain] of the
Pyrate, was always afraid of John Baptis that he would do him some
damage, That Baptis was always ready and forward to rise upon the
Pyrates, when they talkt of rising, That he has seen them go Armed on
board Vessels, but cant say he had any share of the plunder, That
Taffery was more active than Baptis.

[Footnote 2: John.]

Andrew Harradine Deposed he never saw any thing but what was Civil in
Baptis and Taffery, That they were very forward upon the rising, as
soon as they perceived what they were about, and were very much
rejoiced when it was done and they had got their Liberty.

Then the Court ordered That all Persons should depart but the Judges
and Register; and having Maturely weighed the Evidences unanimously
found John Baptist and Peter Taffry not Guilty. Then the Prisoners
were brought to the Bar and the President declared That the Court had
found them not Guilty.

Then the Court Adjourned till the Morrow Morning.

And the Court being met according to Adjournment, Francisco, Pedro,
and Pierro, three negros, were brought to the Bar and Arraigned, but
no Evidences appearing to alledge any Acts of Pyracy against them, but
all [alledging] that they were Imployed in Cooking the Kettle, The
Court [unanimously] found them not [Guilty].[3]

[Footnote 3: But apparently John Baptis's new lease of life was not
long. "November 2 [1726]. John Battis, a Frenchman, his son, and 3
Indians were hanged at Charlestown ferry." Diary of Jeremiah Bumstead,
_N.E. Hist. Gen. Reg._, XV. 311. The crime was piracy.]

And then after passing [some necessary orders] relating to [the]
Execution of the Pyrates, etc. [The Court adjourned without] Day.[4]

[Footnote 4: Archer and White were executed on June 2, 1724. Cotton
Mather ministered to them in their last days, adding, one would think,
a new horror to death. The sermon he preached at them was forthwith
printed by him, _The Converted Sinner ... A Sermon Preached in Boston,
May 31, 1724, In the Hearing and at the Desire of certain Pirates_
[Archer and White], _a little before their Execution, To which there
is added, A more private Conference of a Minister with them_ (Boston,
1724). With his usual insufferable vanity, he indicates that the
capture of the pirates was widely attributed to his public prayer
against pirates on Sunday, Apr. 26: "Behold, before the week was out,
there comes in a Vessel wherein" were the captive pirates. But the
victorious mutiny against the pirates occurred on Apr. 18, and without
disparaging Dr. Mather's influence in the councils of Heaven, it seems
doubtful if the rising could have been caused by prayers publicly
offered by him on the 26th. After the trial he adds: "One of the first
Things which the Pyrates, who are now so much the Terror of them that
haunt the Sea, impose on their poor Captives, is, to curse Dr. M----r.
The Pyrates now strangely fallen into the Hands of Justice here, make
me the first Man, whose Visits and Counsils and Prayers they beg for.
Some of them under Sentence of Death, chuse to hear from me the Last
Sermon they hear in the world. The Sermon is desired for Publication".
_Diary of Cotton Mather_ (Mass. Hist. Soc.), II. 722, 729.]


_123. Bill of Robert Dobney. June 2, 1724._[1]

[Footnote 1: Mass. Archives, vol. 63, p. 399. Dobney was a newcomer,
admitted in 1715.]

The Province of the Massachusetts Bay by Order of Edward Stanbridge is
Dr

1724
June 2d

     To Makeing of the Chaines for John Rose
     archer one of the Pyrats and the hire of a
     man to help fix him on the Gebbet att Brid
     [Bird] Island[2]                           £12.10

per me

ROBERT DOBNEY

[Footnote 2: "On Tuesday the 2d instant, were executed here, for
Piracy, John Rose Archer, Quarter Master, aged about 27 years, and
William White, aged about 22 years. After their Death they were
conveyed in Boats down to an Island, where White was buried, and the
Quarter Master was hung up in Irons, to be a Spectacle, and so a
Warning to others." _Boston Gazette_, June 8, 1724. Bird Island, which
has now disappeared, was a small island in Boston harbor, lying
between Noddle's Island (East Boston) and Governor's Island, about a
mile and a half from the town. Six days after the execution, Jeremiah
Bumstead records in his diary, "My wife and Jery and Betty [a boy of
16 and a girl of 17], David Cunningham and his wife, and 6 more, went
to the castle to Governors Island, and to see the piratte in Gibbits
att Bird Island." _N.E. Hist. Gen. Reg._, XV. 202.]


_124. Bill of Edward Stanbridge. June 2, 1724._[1]

[Footnote 1: Mass. Archives, vol. 63, p. 402. Edward Stanbridge was
the provost marshal; see doc. no. 119.]

June 2d   The Province of the Massachusetts Bay to
 1724     Edwd. Stanbridge, Dr

for Sundrys by him Expended being Marshall And by Order of A Speciall
Cort of Admiralty for the Execution of John Rose Archer and William
White two Pirates, Viz.

To the Executoner for his Service I paid
  him[2]                                     £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 Mary
Gilbert to sell strong drink as an innholder at the north end of Fish
Street. Boston Record Commissioners, _Reports_, XIII. 55. This
considerable item represents what was necessary to restore the nerves
of the provost marshal's attendants after an uncomfortable piece of
work.]

[Footnote 5: Errors excepted.]

       *       *       *       *       *

_125. Petition of Nicholas Simons. May, 1725._[1]

[Footnote 1: Manuscript room, New York Public Library.]

To the Honourable Samuel Cranston Esqr Governour of his Majestys
Colony of Rhode Island etc. And the Hon'ble Assistants and the Hon'ble
Generall Assembly of the Said Colony,

The Petition of Nicholas Simons Mariner Humbly Sheweth

That Whereas the Ship _John and Mary_ belonging to Boston whereof
Thomas Glen was late Master was Taken by Shipton a Pirate in the month
of December last in the Bay of Hondoras And the Said Nicolas Simons
haveing been aforeced[2] man for Some time on board the Said Pirate
was Ordered by the said Shipton to take the Command of the Said Ship
_John and Mary_ as navigator and two Pirates with him and follow the
Said Pirate--But after the Said Simmons Parted with the Pirate Shipton
he released the men that were bound on board the Said Ship _John and
Mary_ and Consulted with them about the destroying the three Pirates
which the said Simons and Barlow aforced man and Perry mate of the
Said Merchant Ship Effected And they lately carried the Said Ship into
Rhod Island whereby the Owners have Recovered their Said Ship and her
Cargoe,[3]

[Footnote 2: A forced.]

[Footnote 3: A vote of the general assembly in May, 1725, _Records of
the Colony of R.I._, IV. 361, mentions three quite other persons as
claiming to have effected the recapture. No action on Simons's
petition is noted in the records.]

And in as much as the Said Nicholas Simons is now under a necessity to
leave off his Employment of a Mariner for fear of the Sd. Pirates And
has a new Employment to Seek for his Support he being in but low
Circumstances,

He therefore most humbly prays your Honours would be pleased to take
the premisses into your most just and wise consideration and bestow of
your Bounty upon him as in your accustomed goodness you Shall See
meet.

And your Peti'r as in Duty Bound Shall ever pray etc

Boston May   NICHOLAS SIMONS.
1725

The above petitioner was the principle person
in Resqueing the Ship out of the hands of
the pirats, and had Incouragem't of a gratuity
by this Assembly for his good Service.

SAM'L CRANSTON Go'r

Past to the house of Deputys
  by order
    RICHD. WARD Record'r


_126. Instructions of George II. to Captains of Privateers. November
30, 1739._[1]

[Footnote 1: Opening pages of "vol. V." (1739-1745) of the manuscript
records of the vice-admiralty court held at Boston. These five volumes
of records are now deposited with the Suffolk Court Files. They are
described by Mr. John Noble in _Pubs. Col. Soc. Mass._, VIII. 169. A
summary of all the cases in this particular volume, wrongly declared
then to be the only one extant, is presented in the appendix to B.R.
Nichols, _Argument in Peele vs. Merchants Insurance Co._ (Boston,
1826), pp. 127-132. Various extracts are in Mr. Noble's article, pp.
170-184. War with Spain had been declared Oct. 23. Instructions to
privateers were of course issued in every war. Parts of those put
forth in 1693, 1705, 1706, and 1744 are printed in F.T. Pratt, _Law of
Contraband of War_ (London, 1856), pp. 264-269, 257. Others are in
R.G. Marsden, _Law and Custom of the Sea_, II. 404-435. Of acts of
Parliament on privateers and prizes, the latest in force at this date
was that of 9 Anne ch. 27, but a fresh act was under discussion in
Parliament at this date, and on Dec. 20 the royal assent was given to
the act 13 Geo. II. ch. 4, "for the encouraging of seamen to enter
into his Majesty's service".]

Instructions for the Commanders of such Merchant Ships and Vessells as
may have Letters of Marque or Commissions for Private Men of War
against the King of Spain, his Vassals and Subjects or others
Inhabiting within any of His Countries, Territories or Dominions, by
Vertue of Our Commission Granted under the Great Seal of Great
Britain, bearing Date the Thirtieth Day of November 1739.[2] Given at
our Court at St. James's the 30th Day of November 1739, in the
Thirteenth Year of Our Reign.

[Footnote 2: Commission to the Lords of the Admiralty authorizing them
to provide for the issue of privateering commissions or letters of
marque; see doc. no. 127.]

I. That it shall be Lawful for the said Commanders of Merchant Ships
and Vessells, Authorized by Letters of Marque or Commissions for
Private Men of War, to set upon by force of arms and to subdue and
take the Men of War, Ships and other Vessells whatsoever, as also the
Goods, Moneys and Merchandizes, belonging to the King of Spain, his
Vassals and Subjects, and others Inhabiting within any of his
Countries, Territories or Dominions, and such other Ships, Vessells
and Goods, as are, or shall be, liable to Confiscation, pursuant to
the Treaties between Us and other Princes, States and Potentates: But
so as that no Hostility be committed, nor Prize Attacked, Seized or
taken within the Harbours of Princes and States in Amity with Us, or
in their Rivers or Roads within Shott of their Cannon.

II. That all Ships of what Nation soever carrying any Soldiers, arms,
Powder, Ammunition or any other Contraband Goods, to any of the
Territories, Lands, Plantations or Countries of the King of Spain
shall be seized as Prizes.

III. That the said Commanders of such Merchant Ships and Vessells
shall bring such Ships and Goods, as they have Seized or shall so
seize and take to such Port of this Our Realm of England, or some
other Port of Our Dominions as shall be most convenient for them, in
order to have the same Legally Adjudged in Our High Court of Admiralty
of England, or before the Judges of such other Admiralty Courts, as
shall be Lawfully authorized within Our Dominions: But if such Prize
be taken in the Mediterranean or within the Streights of Gibraltar,
then the Captor may if he doth not think fit to bring the same to some
Port of England, or other Our Dominions, carry such Ship and Goods
into the Ports of such Princes or States as are in alliance or amity
with us.

IV. That after such Ships shall be taken and brought into any Port the
Taker shall be Oblig'd to bring or send, as soon as possible may be,
Three or Four of the Principal of the Company (whereof the Master and
the Pilot to be always two) of every Ship so brought into Port, before
the Judge of the Admiralty of England, or his Surrogate, or before
the Judge of such others Admiralty Courts, within our Dominions, as
shall be Lawfully Authorized as aforesaid, or such as shall be
Lawfully Commissioned in that behalf, to be sworn and examined upon
such Interrogatories as shall tend to the Discovery of the Truth,[3]
touching the Interest or Property of such Ship or Ships, and of the
Goods and Merchandizes found therein: and the Taker shall be further
obliged at the Time he produceth the Company to be Examin'd, to bring
and deliver into the hands of the Judge of the Admiralty of England,
his Surrogate, or the Judge of such other Admiralty Courts within Our
Dominions, as shall be Lawfully Authorized, or others Commissioned as
aforesaid, all such Passes, Sea Briefs, Charter-Parties, Bills of
Lading, Cockets, Letters and other Documents and Writings as shall be
Delivered up, or found on board any such Ship; the said Taker or one
of his Chief Officers, who was present, and saw the said Papers and
Writings Delivered up, or otherwise found on board at the time of the
Capture, making Oath, That the said Papers and Writings are brought
and Delivered in as they were received or taken, without any Fraud,
Addition, Subtraction or Embezilment.

[Footnote 3: See doc. no. 183.]

V. That all such Ships, Goods and Merchandizes taken by Vertue of
Letters of Marque or Commissions for Private Men of War, shall be kept
and preserved, and no part of them shall be sold, spoiled, wasted, or
diminished, and that the Bulk thereof shall not be broken before
Judgment be given in the High Court of Admiralty of England, or some
other Court of Admiralty Lawfully Authorized in that behalf, that the
said Ships, Goods and Merchandizes are Lawful Prize; and that no
Person or Persons, taken or Surprized in any Ship or Vessell as
aforesaid, tho' known to be of the Enemy's Party, shall be in Cold
Blood killed, maimed, or by Torture and Cruelty Inhumanly Treated,
contrary to the Common Usage and just Permission of War: and whoever
shall offend in any of the premises shall be severely punished.

VI. That the said Commanders of such Merchant Ships and Vessells, who
shall obtain the said Letters of Marque, or Commissions, as aforesaid
for Private Men of War, shall not do or attempt anything against the
true meaning of any article or articles, Treaty or Treaties depending
between Us, or any of Our Allies, touching the freedom of Commerce in
the Time of War, and the Authority of the Pass Ports or Certificates
under a certain Form in some one of the Articles or Treaties so
depending between Us and Our Allies as aforesaid, when produced and
shewn by any of the Subjects of Our said Allies, and shall not do or
attempt anything against Our Loving Subjects, or the Subjects of any
Prince or State in Amity with Us, nor against their Ships, Vessells or
Goods, but only against the King of Spain, his Vassals and Subjects,
and others Inhabiting within His Countries, Territories or Dominions,
their Ships Vessells and Goods,--except as before Excepted; and
against such other Ships, Vessells and Goods, as are or shall be
liable to Confiscation.

VII. That after Condemnation of any Prize, it shall or may be Lawful
for the Commanders of such Merchant Ships or Vessells or the Owners of
the same, to keep such and so many Ships, Vessells Goods and
Merchandizes as shall be Condemned to them, for Lawful Prizes, in
their own Possession, to make Sale or Dispose thereof in Open Market
or Otherwise, to their best Advantage in as ample manner as at any
time heretofore has been Accustomed in Cases of Letters of Marque, or
of Just Prizes in Time of War; other than wrought Silks, Bengalls, and
Stuffs mixed with Silk or [Herbs] of the Manufacture of Persia, China
or East India, or Callicoes painted, dyed, printed or stained there,
which are to be deposited for Exportation, according to the Directions
of an Act made in the Eleventh Year of the Reign, of the late King
William, Entituled _An Act for the More Effectual Employing the Poor
by Encouraging the Manufactures of this Kingdom_:[4] And that it shall
be Lawful for all manner of Persons as well Our Subjects as others,
according to Law, to buy the said Ships, Vessells, Goods and
Merchandizes, so taken and Condemned for Lawful Prize, without any
Damage or Molestation to Ensue thereupon to the said Byers, or any of
them, by reason of the Contracting or Dealing for the same.

[Footnote 4: 11 and 12 Will. III. ch. 10.]

VIII. That if any Ship or Vessell, belong'g to Us or Our Subjects, or
to Our Allies or their Subjects, shall be found in Distress, by being
in fight, set upon, or taken by the Enemy, the Captain, Officers and
Company, who shall have such Letters of Marque or Commission, as
aforesaid, shall use their best Endeavours to give aid and Succour to
all such Ship or Ships, and shall to the utmost of their power Labour
to free the same from the Enemy.

IX. That Our Subjects and all other Persons whatsoever, who shall
either in their own persons serve, or bear any Charge or Adventure, or
in any sort further or set forward the said Adventure, according to
these Articles, shall stand and be freed by vertue of the said
Commission; and that no person be in any wise reputed or challenged
for an offender, against Our Laws, but shall be freed, under Our
Protection, of and from all Trouble and Vexation that might in any
wise grow thereby, in the same manner as any other Our said Subjects
ought to be by Law, in their Aiding or Assisting Us, either in their
own persons, or otherwise, in a Lawful War against Our declared
Enemies.

X. That the said Commanders of such Merchant Ships and Vessells or
their Owners or Agents before the taking out Commissions, shall give
Notice in Writing, Subscribed with their hands, to Our High Admiral of
Great Britain, for the Time being, or Our Commissioners for Executing
the Office of Our High Admiral or the Commissioners for Executing that
Office for the Time being, or the Lieutenant or Judge of the said High
Court of Admiralty, or his Surrogate, of the Name of their Ship, and
of the Tunnage and Burthen, and the Names of the Captain, Owners or
Setters out of the said Ship, with the Number of Men, and the Names of
the Officers in her, and for what Time they are Victualled, as also of
their Ordnance, Furniture and Ammunition; To the End the same may be
Registered in the said Court of Admiralty.

XI. That those Commanders of such Merchant Ships and Vessels, who
shall have such Letters of Marque or Commissions as aforesaid, shall
hold and keep, and are hereby Enjoyn'd to hold and keep a
Correspondence, by all Conveniences, and upon all occasions, from Time
to Time, with Our High Admiral of Great Britain for the Time being, or
Our Commissioners for Executing the Office of Our High Admiral, or the
Commissioners for Executing that office for the Time being, or their
Secretary, so as from Time to Time to render and give unto him or them
not only an account and Intelligence of their Captures or Proceedings
by vertue of such their said Letters of Marque, or Commissions as
aforesaid; but also of whatsoever else shall Occur unto them, or be
discovered or declared unto them, or found out by them, by Examination
of, or Conference with, any mariners or Passengers, of or in the Ships
or Vessells taken, or by any other ways or means whatsoever, touching
or concerning the designs of the Enemy, or any of their Fleets, Ships,
Vessells or Parties; and of the Stations, Seas, Ports and Places and
of their Intents therein; and of what Merchant Ships or Vessells of
the Enemy, bound out or Home, as they shall hear of; and of what else
Material in these Cases may arrive to their knowledge, to the End such
Course may be thereupon taken, and such Orders given as may be
requisite.

XII. That no Commander of a Merchant Ship or Vessel who shall have a
Letter of Marque or Commission as aforesaid, shall presume, as they
will answer it at their Peril, to wear any Jack, Pendant or any other
Ensign or Colour, Usually born by Our Ships, but that besides the
Colours born Usually by Merchant Ships, they do wear a Red Jack with
the Union Jack described in the Canton at the Upper Corner thereof
near the Staff,[5] and that One third part of the whole Company of
every such Ship or Vessel so fitted out as aforesaid shall be Land
Men.

[Footnote 5: Like the present red flag of the British merchant
marine.]

XIII. That such Commanders of Merchant Ships and Vessels who shall
Obtain such Letters of Marque or Commissions, as aforesaid, shall also
from Time to Time, upon due Notice being given them, observe all such
other Instructions and Orders as We shall think fit to direct for the
better carrying on of this Service.

XIV. That all Persons who shall Violate these Instructions shall be
severely punished, and also required to make full Repairation to
Persons Injured contrary to these Instructions for all Damages they
shall sustain by any Capture, Embezilment Demurrage or otherwise.

XV. That before any such Letters of Marque or Commissions issue under
Seal, Bail with Sureties shall be given before the Lieutenant and
Judge of Our High Court of Admiralty of England, or his Surrogate, in
the Sum of Three thousand Pounds Sterling, if the Ship carries above
One hundred and fifty Men; and if a Lesser Number, in the Sum of
Fifteen hundred pounds Sterling; Which Bail shall be to the Effect,
and in the form following:

     Which Day, Time and Place Personally Appeared ---- Who
     submitting themselves to the Jurisdiction of the High Court
     of Admiralty of England, Obliged themselves, their Heirs,
     Executors and Admin'rs to Our Sovereign Lord the King, in
     the Sum of ---- Pounds of Lawful Money of Great Britain, to
     this Effect, That is to Say, Whereas ---- is Authorized by
     Letters of Marque, or a Commission for a Private Man of War,
     to Arm, Equip, and set forth to Sea, the Ship called the
     ---- of the burthen of about ---- Tons whereof he the said
     ---- goeth Captain, with Men, Ordnance, Ammunition and
     Victuals, to set upon by force of Arms, and to Subdue, Seize
     and Take the Men of War, Ships and other Vessells whatsoever
     together with the Goods, Monies and Merchandizes, belonging
     to the King of Spain, or to any of his Vassals and Subjects,
     or others Inhabiting within any of His Countries,
     Territories or Dominions whatsoever, and such other Ships,
     Vessels and Goods, as are or shall be liable to
     Confiscation, excepting only within the Harbours or Roads
     within Shot of the Cannon of Princes and States in Amity
     with His Majesty, and whereas he the said ---- has a Copy of
     certain Instructions Approved of and Passed by His Majesty
     in Council, delivered to him to Govern himself therein, as
     by the Tenour of the said Commission, and of the
     Instructions thereto relating, more at large appeareth. If
     therefore nothing be done by the said ---- or any of his
     Officers, Mariners, or Company, contrary to the true meaning
     of the said Instructions, but that the Commission aforesaid
     and the said Instructions shall in all particulars be well
     and truly performed and Observed as far as they shall the
     said Ship, Captain and Company any way concern: and if they
     or any of them, shall give full Satisfaction for any Damage
     or Injury which shall be done by them, or any of them, to
     any of His Majesty's Subjects or Allies or Neuters, or their
     Subjects: and also if the said ---- and his officers and
     Mariners shall duly and truly pay or cause to be paid to His
     Majesty, or to such Person or Persons as shall be by His
     Majesty Authorized to receive the Same, the Just Tenths or
     Tenth part, according to the due and Legal Appraizement of
     all such Ships and Goods as shall be by them or any of them
     taken or Seized, and shall be by due Course of Law Adjudged
     to be good and Lawful Prize: And also shall duly and truly
     pay or cause to be paid to His Majesty, or the Customers or
     Officers Appointed to receive the same for His Majesty, the
     Usual Customs due to His Majesty of and for all Ships and
     Goods so as aforesaid taken and Adjudged for Prize: And
     moreover if the said ---- shall not take any Ship or Vessel,
     or any Goods or Merchandizes belonging to the Enemy, or
     otherwise liable to Confiscation, thro' Consent or
     Clandestinely, or by Collusion, by Vertue, Colour or
     pretence of his said Commission; that then this Bail shall
     be Void and of None Effect and unless they shall so do, they
     do all hereby Severally Consent that Execution shall Issue
     forth against them, their Heirs, Executors and
     Administrators, Goods and Chattels, wheresoever the same
     shall be found, to the value of the said Sum of ---- Pounds,
     before mentioned. And, in Testimony of the Truth thereof
     they have hereunto Subscribed their names.

     By His Majesty's Command.

     HARRINGTON.[6]

A True Copy
  Exam'd per JOHN PAYNE D. Reg'r.[7]

[Footnote 6: William Stanhope, lord Harrington, afterward earl of
Harrington, was one of the two secretaries of state from 1730 to 1742,
and from 1744 to 1746.]

[Footnote 7: Deputy register of the vice-admiralty court in Boston.]


_127. (Draft of) Warrant to Governors to issue Letters of Marque.
April 26, 1740._[1]

[Footnote 1: Public Record Office, Admiralty 1:3674.]

By the Commissioners for executing the Office of Lord High Admiral of
Great Britain and Ireland, etc.

Whereas by an Act passed this present Session of Parliament
(intituled, an Act for the more Effectual securing and encouraging the
Trade of his Majesty's British subjects to America, and for the
Encouragement of Seamen to enter into his Majesty's service)[2] it is,
amongst other Things, therein enacted "That any Person or Persons in
any part of America or elsewhere, by us impowered and appointed,
shall, from and after the fourth Day of January, one thousand seven
hundred and thirty nine, at the Request of any British Owner or Owners
of any Ship or Vessel, giving such Bail and Security as have been
usually taken upon granting Commissions, or Letters of Marque (except
only for the payment of the Tenths of the Value of Prizes which shall
be taken, to the Lord High Admiral, or Commissioners for executing the
Office of Lord High Admiral for the time being) cause to be issued
forth in the usual manner, one or more Commission or Commissions, to
any Person or Persons whom such Owner or Owners shall nominate to be
Commander; or in case of Death, successively Commanders of such Ship
or Vessel, for the attacking, surprizing, seizing and taking, by and
with such Ship or Vessel, or the Crew thereof, any Place or Fortress
upon the Land, or any Ship or Vessel, Goods, Ammunition, Arms, Stores
of War, or Merchandizes, belonging to or possessed by any of his
Majesty's Enemies, in any Sea, Creek, Haven, or River",

[Footnote 2: 13 Geo. II. ch. 4.]

These are therefore to impower you, Edward Trelawny, Esquire, Governor
of Jamaica,[3] and by these Presents we do impower and appoint you the
said Edward Trelawny, Esquire, to cause to be issued forth, pursuant
to the said Act, by Warrant under your Hand, and the Seal of the said
Island, directed to the Judge of the Admiralty of the said Island of
Jamaica, Commissions or Letters of Marque, at the Request of any
British Owner or Owners of any Ship or Vessel, to any Person or
Persons whom such Owner or Owners shall nominate to be Commander; or
in case of Death successively Commanders of such Ship or Vessel; and
to cause such Bail and Security to be taken as is directed by the said
Act, and moreover to cause that, in granting such Commissions or
Letters of Marque, all other Things be had and done conformable to,
and as the said Act requires. For which this shall be your Warrant.
Given under our Hands and the Seal of the Office of Admiralty this
---- Day of ---- 1740.

[Footnote 3: Governor of Jamaica from 1738 to 1752.]

To ----

_May it please your Lordships,_

This contains a Draught of an Instrument submitted to your Lordships,
as proper to be signed, and issued out to the Governors of his
Majesty's Colonies and Islands in America, prepared by me; pursuant to
your Lordships Order of the 15th of April 1740.

E. ISHAM.[4]

April 26th 1740.

[Footnote 4: Edmund Isham, advocate general of the Admiralty.]




DUMARESQ VS. THE _AMSTERDAM POST_.


_128. Record of the Admiralty Court, and Libel. July 23, August 30,
1740._[1]

[Footnote 1: Records of the admiralty court, Boston, Suffolk County
Court-house, vol. V.; see doc. no. 126, note 1. It is to be understood
that the libel, and the other documents which follow, nos. 129-143,
are to be found imbedded in the record of the case in the volume
named, not separate. The case is interesting as showing some of the
deceptions which might be, and often were, resorted to in time of war.
War existed between Great Britain and Spain; the Dutch were neutrals.
Briefly, the _Amsterdam Post_ was provided with two sets of papers,
one Spanish, to be used in case she were overhauled by a Spanish
war-vessel or privateer, one Dutch, to be used in case she fell into
British hands. Robert Auchmuty was judge of the admiralty court in
Boston from 1733 to 1747.]

At a Court of Admiralty holden at Boston before the Hono'ble Robert
Auchmuty Esq., Judge of said Court, the 30th day of August A.D. 1740.

New Engl'd               }
Prov. of the Massa's Bay } Boston, July 23, 1740.

To the Hono'ble Robt. Auchmuty, Esqr., Jud. of Vice Adm'ty.

The Libel of Philip Dumaresq,[2] Commander of the Private Man of War
Sloop _Young Eagle_ of Boston, Sheweth,

[Footnote 2: Philip Dumaresq, son of Elias Dumaresq, seigneur des
Augrés in the island of Jersey, and of Frances de Carteret, came to
Boston before 1716, and died there in 1743 or 1744. He was one of the
first vestrymen of Trinity Church.]

Whereas on the 23d of Octob'r last his Majesty Caused Publick
Proclamation to be made of an Open War with the King of Spain,
requiring all his officers and Soldiers to do all Acts of Hostility in
prosecution of this War against the King of Spain, his Vassals and
subjects, and afterwards on the 15th of January last the said Philip,
Commander of the sloop aforesaid, and her men, being duly Commissioned
with Letters of Marque and Reprisals against the King of Spain, his
Vassals and Subjects,[3] to attack, Seize, Take and make Prize of
their Ships, Vessells and Goods, met with the Sloop the _Amsterdam
Post_ about three or four Leagues off of the Grand Canary Island,
standing in for Santa Crux in Teneriffe[4] in the King of Spains
Dominions, Commanded by AEneas Mackay, a British Subject but made free
of Amsterdam, man'd with British Subjects and furnished with various
Papers and Evidences to make her seem to be either an English or Dutch
Sloop, as might best suit the occasion, and upon Examination finding
that she was the Property of certain Subjects of the King of Spain or
Inhabitants of the Canaries within his Dominions, and by them during
this present War sent from Teneriffe aforesd to Cork in Ireland and
there Laden with thirty nine Barrells of Beef, Forty Barr'ls of
Pilchards, eighty nine BBlls of Butter, fifty four boxes of Candles, a
hundred eighty nine Hides of Leather, five Bar'ls of Hatts, two Boxes
of Soap and five Bar'ls of Wax for acco't of the same owners and was
then returning directly to Teneriffe for their Supply, He the said
Philip therefore Seized and Took the sd Sloop _Amsterdam Post_ and her
Cargo as a Lawfull Prize, as he Lawfully might do, Wherefore the said
Philip Dumaresq prays the consideration of this Hono'ble Court upon
the premises properly and only in their Cognizance, that a Short
Day[5] may be assigned to Hear and pass upon this Libel and Matters
therein contained and that the said Sloop and Cargo may be Decreed and
declared a Lawfull Prize, etc.

JNO. READ.
W. BOLLAN.[6]

[Footnote 3: The commission from Governor Belcher, Aug. 24, 1739, is
printed in [Augustus Thorndike Perkins], _A Sketch of the Family of
Dumaresq_ (Albany, 1863), pp. 15-16.]

[Footnote 4: The harbor of Santa Cruz is on the side of Teneriffe
toward the Grand Canary.]

[Footnote 5: An early date.]

[Footnote 6: Two of the leading lawyers of the province. Read had been
attorney general and was now a member of the council. Bollan, Governor
Shirley's son-in-law, was for many years agent of Massachusetts in
London.]

1740, July 23d, filed and allowed, and ordered that Publick
Notifications be Posted upon the Sloop _Amsterdam Post_ and at the
Town House, for all Persons Claiming Property in the said Sloop to
Appear at a Court of Admiralty to be holden at Boston on Friday next
at 10 a Clock A.M. To Make out their Property.

ROBERT AUCHMUTY, Judge Ad'y.

Accordingly at the time appointed the Court was opened and the Libel
Read, at which Time Collonel Wendell[7] appeared and offered some
Papers to be Lodged in Court, which he rec'd from the Owners of the
Sloop, which the Judge refused to admit of, But told him he might
Claim the Vessell and Cargo if he wou'd do it as the Act of Parliament
requires, which he refus'd and said he Intended to put the Bonds[8] in
Suit when he had proper Powers.

[Footnote 7: Col. Jacob Wendell (1691-1761), great-grandfather of Dr.
Oliver Wendell Holmes. Born in Albany, of Dutch descent, he might
naturally be invoked to aid Amsterdam owners.]

[Footnote 8: _I.e._, the bonds of the privateer; see doc. no. 126,
sect. XV.]

Publick Proclamation was then three Times Solemnly Made for all
Persons claiming Property in the Sloop _Amsterdam Post_ and Cargo to
make their appearance and they shou'd be heard, but none appeared; The
Court was then Adjourn'd to Wednesday the 13th of August next at ten
a Clock a.m., and the Judge ordered notifications to be Posted up as
before for all persons claiming property to appear if they see cause.

The Court was opened on the 13th of August according to adjournment,
and Proclamation Three Times Solemnly made for any Claimer to appear,
whereupon Collo. Wendell Appeared in Court and Claim'd the said Sloop
in behalf of Mr. Peter Devernet of Amsterdam, Merchant, which the
Judge allow'd of upon his giving Security as the Act requires. The
Court was then Adjourned to Wednesday morning at Seven a Clock, at
which Time it was opened and the Libel Read, and Jacob Wendell, Esqr.,
in behalf of Peter Devernet of Amsterdam, Merch't, and his son Isaac
Devernet of Santa Crux, Merch't, Claimed the said Sloop's Cargo as
their Property. The Court was then adjourned to Monday the 18th Curr't
at Seven a Clock a.m., at which Time it was Opened, when Jacob
Wendell, Esqr., in Open Court made oath that he verily believed that
Peter Devernet of Amsterdam, Merch't, in behalf of whom he claims the
sd Vessell, was at the time of the Capture sole owner thereof, and
also that the Cargo on board said Sloop was owned by the said Peter
Devernet and his son Isaac, then Resident at Santa Crux in the Island
of Teneriffe, Merch't. At the same time Collo. Wendell gave the
following Bail, viz....

John Rous,[9] Late Lieuten't of the Sloop _Young Eagle_, Commanded by
Capt. Philip Dumaresq, being Examined upon oath before the Hono'ble
Robt. Auchmuty, Esqr., Judge of his Majestys Court of Vice Admiralty,
as to the following Interrogatorys made the following answers.

[Footnote 9: This privateer subsequently became a captain in the royal
navy. He distinguished himself in both the naval expeditions against
Louisbourg, in 1745 and in 1758. Charnock, _Biographia Navalis_, V.
412-414. See also doc. no. 160, note 1.]

_Interro. The First._ Was the Sloop called the _Amsterdam Post_, Æneas
Mackay Master,[10] taken as a Prize, by whom, when and where?

[Footnote 10: The connection of the Scottish Mackays with Holland has
been long and important. Aeneas Mackay, son of the Scottish Lord Reay,
entered the military service of the Dutch Republic in 1684, and rose
to be general of the Scots Brigade; and for a hundred years, as long
as that organization continued to exist (_The Scots Brigade in
Holland_, Scottish History Society, _passim_) there was always at
least one Aeneas Mackay among its officers. In our own time Baron
Aeneas Mackay was prime minister of the Netherlands. This shipmaster
would be some humble member of the clan.]

_answer._ on the 15th day of January last this Depon't, who was
Lieutenant of the Sloop _Young Eagle_ but at that Time Commander
thereof in the absence of Philip Dumaresq the Captain, about three or
four Leagues off the Grand Canary Island took the Sloop in this
Interro. mention'd, standing in for Santa Crux in Teneriffe, and came
last from Corke, and as the Master thereof said to this Depon't was
bound to Madera,[11] but then going into one of the Canary Islands to
get water, whereupon this Depon't sent his then Lieuten't on board,
who Inform'd this Depon't that there was one Cask full of Water and
another runing out and that he stopt the same and afterwards they
found water sufficient to serve them in their Passage to Madera which
was ab't three Weeks.

[Footnote 11: _I.e._, to a Portuguese, neutral, port.]

_Interro. 2d._ What was the Lading of the Sloop _Amsterdam Post_?

_Answer._ She was Loaded with Beef, Butter, Hatts, Shoes, Candles,
Soap, Hides and some Pilchards, and for greater Certainty this Depon't
referrs himself to the Bills of Lading.

_Interro. 3._ Are the Papers now produced before you and now Lodged in
this Court, the Papers that were taken on Board the said Sloop as you
know, or have heard, how, and in what manner?

_a._ This Depon't did not go on board said Sloop when taken and
therefore can't say of his own knowledge that these are the Papers
taken on board, but verily believes they are, for these Papers were
sent to this Depon't by his Lieuten't from said Vessell some short
Time after she was taken, and two of the Papers, namely, an English
Mediterranean Pass[12] and a Paper in Spanish Importing a Clearance,
as this Depon't was Inform'd by his officers whom he sent on board,
was found between two Bed Bottoms belonging to the Master of said
Sloop, and afterwards this Depon't saw the very place where they sayd
the Papers were Concealed.

[Footnote 12: See doc. no. 141. A pass from the Admiralty, which, in
accordance with the treaties between Great Britain and the Dey of
Algiers, English vessels entering the Mediterranean had to carry in
order to be exempt from search by the Algerine corsairs. Such a pass,
of 1750, is printed in Marsden, _Law and Custom of the Sea_, II.
347-348. A full set of ships' papers seems to have consisted, at least
in Dutch practice, of a bill of health (see doc. no. 197), a sea-letter
or let-pass (docs. nos. 129, 130), a muster-roll (_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 Declare
where he took in his aforesaid Loading?

_A._ This Depon't at Divers times heard the said Master Acknowledge
and Declare that he took in his aforesd Loading at Corke in the
Kingdom of Ireland, and also that he went from Teneriffe to Corke,
where he purchased sd Loading, and was to return with the same
immediately to Teneriffe, where two of his owners were Inhabitants and
one other owner an Inhabitant of Holland.

_Interro. 5._ What was done with the Cargo after the Vessell and Cargo
was thus taken?

_A._ All the Cargo with the Vessell was Carried into Madera and all or
the greatest part of sd Cargo was Landed there.

_Interro. 6._ Is the Sloop now under Seizure the same Sloop that was
thus taken?

_A._ Yes.

_Interro. 7._ What became of the hands belonging to said Sloop?

_A._ Two of them went on board the Man of War there, and two others
went on board this sd Privateer, and the Mate was carried to
Gibraltar, where he heard he ran away.

_Interro. 8._ Do you know or have you heard what Nation those hands
were of?

_A._ The Master, Mate and one hand more he understood to be Scotch,
two hands more to be Irish, one Boy belonging to London and a
Portugueze or Spanish negro man.

_Lastly_, Do you know anything further relating to sd Vessell and
Cargo or any other former Voyages the said Vessell had made and where
to?

_A._ He heard the Master acknowledge he had been upwards of two years
Master of said Vessell, during which Time he always used the Canary
Trade, and always acknowledged his Vessell belonged to England till
the last Voyage.

JOHN ROUS.

1740, August 12th. John Rous, the Subscriber to the aforegoing, made
oath to the Truth thereof Before Me.

ROB'T AUCHMUTY, Judge Ad'y.

Captain Rous being Sworn in Court acknowledged his Examination already
taken was the Truth. He also Declared there was Water enough on board
the Sloop _Amsterdam Post_ to carry her into Madera, and actually
served them for that purpose, viz. three of said Sloop's Crew and five
belonging to the Privateer, which was one more than was on board at
the time of the Capture; That Capt. Mackay was summoned by a
Portugueze officer from the Consul[13] at Captn. Dumaresqs request, as
Capt. Mackay told him, to go in the Privateer Sloop to Gibraltar in
order for a Tryal; that Capt. Mackay told him he sailed from Holland
to the Canaries two years as an English Man, and that he never sailed
under Dutch Colours till the War with Spain; That Capt. Mackay told
him that the Sloop at the time of the Capture belong'd to Mr. Devernet
of Amsterdam and his two sons who lived at Teneriffe, who were all
Frenchmen. That to his knowledge he never saw any of the Cargo Landed
at Madera; that his Lieu't Immediately upon the Capture brought the
Papers of the said Vessell to him, who having first perused them
Sealed them up; that some short time after the said Mackay exprest to
him his Desire, in case a certain Paper was found on board, that it
would be useless to this Depon't, and that he would have it Concealed,
whereupon this Depon't asked him what the Paper was and where in the
Vessell it could be found, but the said Mackay would not inform him,
and this desire of the said Mackays he repeated several times, and in
about two Days after there was brought to this Depon't by John Teit,
who acted as Mate on board the said Prize, two Papers from on Board,
viz. an English Mediterranean Pass wherein the said Master and Sloop
was named, and a Spanish Clearance as of an English Vessell, which was
found as he said as mentioned by this Depon't in his former
Examinat'n, and afterwards the said Mackay repeated his Desire in case
a certain Paper, not naming it, should be found not to show it to
any--Whereupon this Depon't Informed him that he had got what he meant
and shew'd him the said Pass and Clearance, and then the said Master
again pressed him not to shew the same to the Consul. That upon his
arrival at Madera he Delivered the Papers so found and Seal'd up,
together with the said Pass and Spanish Clearance, to Capt. Dumaresq
in the Consul's House, that Capt. Dumaresq then delivered them to the
Consul, who broke open the Seal and perused the Papers together with
Capt. Dumaresq; and that he verily believes the Papers now in Court
are all the Papers he so delivered up, excepting the said Pass.

[Footnote 13: The British consul at Funchal, Richard Baker; see docs.
nos. 140, 141.]

The Court was then adjourn'd to the 21st of Aug't Curr't at 7 a Clock
a.m., at which time it was opened, when Michael Dumaresq being first
Sworn Declar'd that his Examination already taken was the Truth. He
further Declared that when Capt. Dumaresq arrived at Gibraltar he
heard him say he wou'd go to the Govern'r,[14] to the Admiral,[15] and
to the Judge of the Admiralty, that accordingly he saw the Captain go
to Sir Chaloner Ogle, who was the Admiral, and to the Governour; that
he heard Capt. Dumaresq Say the Admiral told him he believ'd the
Vessell would be condemn'd; and that the Person called the Judge of
Admiralty at Gibraltar, upon Capt. Dumaresq application to him for a
Tryal, told him he had no Commission or Instructions to Try any
Capture but expected the same from England every Day; That upon the
arrival of the Sloop _Amsterdam Post_ at Madera there was an officer
put on board her from the Provedore[16] and Judge of the Poor, that he
remain'd on Board till other officers came on Board and unladed the
Vessell and that Capt. Dumaresq paid the officer two Bitts[17] a Day
and his Victuals during his Stay on Board.

[Footnote 14: Lieut.-Gen. William Hargrave.]

[Footnote 15: Rear-Adm. Sir Chaloner Ogle, afterward distinguished in
the Cartagena expedition, and admiral of the fleet. See doc. no. 117,
note 14.]

[Footnote 16: Superintendent.]

[Footnote 17: Two reals, or a quarter of a dollar.]

Abraham Martin, being Sworn in Court, Declared that his Examination
already taken was true. The Court was then adjourn'd to Saterday the
23d Curr't at half an hour past 2 a Clock p.m., at which time it was
open'd and several Papers were produc'd and Read in Court, which are
as follows, viz.


_129. Sea-letter of the Amsterdam Post. September 22, 1739 (N.S.)._

To all Potent Kings, Queens, Princes, Princesses, Dukes, Lords, etc.,
who may see this open Letter or may hear it Read, We Magistrates and
Rulers of the City of Amsterdam Declare that Æneas Mackay of Amsterdam
appeared before us and on Oath Solemnly Declares, That the Vessell
named the _Amsterdam Post_, burthen about Twenty Lasts,[1] of which he
is Master, belongs to a House in this Province, and that no Foreign
Enemy has any part in her Directly or Indirectly, as he hopes to
answer it to Almighty God, and as We are Desirous that the
aforementioned Master should follow his Lawfull Calling, it is our
Desire of all whom it may concern that the aforementioned Capt'n with
his Sloop and Lading may be well received and treated handsomely, and
have Liberty to proceed to and from any Port he may chuse, in a Lawful
Trade, Which We desire and are willing he should do, and have caused
this City Seal to be hereunto affixt. this Done the 22d of Sept'r, Ao.
1739.

P. DE LA COURT.

[Footnote 1: A last was two tons.]

By the Lords of the Admiralty No. 5649.
HARTUNCK.[2]

[Footnote 2: Copyist's or translator's error for Hartsinck. Jan Jacob
Hartsinck, afterward president of the Dutch West India Company, was
from 1724 to 1762 clerk of the Admiralty of Amsterdam. Elias, _De
Vroedschap van Amsterdam_, II. 910. The Dutch Republic had five navy
boards, of which the Admiralty of Amsterdam was the most important.]

The required Oath is taken in the Passport Sept. 23d 1739.


_130. Let-pass of the Amsterdam Post. September 23, 1739 (N.S.)._

Lett Pass the Sloop _Amsterdam Post_, Æneas Mackay Master, with his
Passengers, Goods and Merchandizes, without Lett, Hindrance, Searching
or Molestation, it appearing to us by good Witnesses that the said
Sloop belongs to One under the State of the Netherlands. Given under
our Hand and Seal at the Admiralty in Amsterdam this Twenty third Day
of Septemb'r In the Year of Our Lord one thousand seven hundred and
thirty nine.

P. FECLELOOT.[?]

To all Persons whom this may Concern.
  Per order of the Lords of the Admiralty.
    A. BACKER Jan'ry.


_131. Tonnage Certificate of the Amsterdam Post. September 24, 1739
(N.S.)._

We, underwritten, ordered by the Lords of the Admiralty of Amsterdam
to Tax and Visit the Vessells that go to Sea from Texell,[1] Declare
by this That Æneas Mackay of Amsterdam, Master of the Sloop _Amsterdam
Post_, has given us the length of his Sloop, being within Board 50-1/2
feet, Breadth 15-3/4, feet in the Hold 8 feet, and twelve years old,
and We Tax her to be Twenty Lasts. Visited her in Amsterdam, Septemb'r
the 24th, 1739.

PIETER KANSEBOOM.

[Footnote 1: The island and passage where Amsterdam vessels made their
final exit from the Zuyder Zee into the North Sea.]

The Last Money[2] paid April 13th 1739.

P. HENKES. WM. CAMPER.

[Footnote 2: Tonnage dues.]


_132. Aeneas Mackay's Oath as a Burgher of Amsterdam. September 16,
1739 (N.S.)._

You do swear that you will be a good and faithfull Porter[1] of this
City and will be obedient to such Rulers, as shall from time to time
be appointed, in this Place, in watching and discovering all attempts
that may be made against the Rulers or People of this Place, and that
you will at all Times Exert yourself in the defence of this City, and
do all that becomes a good and honest Porter in Discovering any
Designs. So Help you God.

[Footnote 1: Dutch _poorter_, burgher.]

Æneas Mackay of London, Captain, has taken the above Oath and the
Lords Thesaurieren[2] have received the Porter money. Dated in
Amsterdam, Sept'r 16, 1739.

JOAN THIERRY.[3]

[Footnote 2: Treasurers.]

[Footnote 3: Secretary of Amsterdam from 1717 to 1771. Elias,
_Vroedschap_, II. 572.]


_133. Lease to Aeneas Mackay. October 2, 1739 (N.S.)._

On the Second of Octob'r 1739 Thomas Hall Lett a Chamber to Capt.
Æneas Mackay, whom also acknowledged to have hired the same, in his
House at the Sign of the Bible in New Bridge Street,[1] For one year
certain, and went into the same the third Instant, at Fifty Gilders to
be paid every year, and in case no one appears in Octo. 1740 then We
agree that it shall be in the Power of the Letter,[2] to lett the same
to any other Person, and they may View the same. We have each bound
ourselves according to the Custom of this Place. In Testimony of the
Truth We have each bound ourselves to Each other in those Bonds.

[Footnote 1: Nieuwebrugsteeg, still so called, in the northwest part
of old Amsterdam. The "new bridge", to which it led from the eastward,
dated from at least 1421.]

[Footnote 2: Lessor.]

Dated as above 1739.

THOS. HALL.


_134. Certificates of Master and Mate and Register. October 8, 1739
(N.S.)._

We the underwritten, Master and Mate, Designing by God's help to
proceed on a Voyage to the Canaries per the _Amsterdam Post_, attest
and here Declare That We have no other Goods in our Sloop, nor any
Wares or Merchandize whatsoever, according to the best of our
knowledge, than only such as appears by the Manifest which We have
Delivered to this office to be Inspected into, and that according to
our knowledge there has been no fraud committed, nor any of our Goods
were taken in, till first the Lawfull Dutys were paid, and We further
Declare that the Goods We have now given an acco't of is a true and
Just acco't, and that we will not receive any more on Board, unless
the Persons bring their Passport from this office[1] that they have
paid the Dutys, to which have hereunto Signed our Hands October 8th,
1739.

ÆNEAS MACKAY.
GEORGE JANSE.

[Footnote 1: _I.e._, the register's office at the Texel.]

We the underwritten, Commissioners of the Registers office, Attest and
declare that We have Visited the Sloop of Æneas Mackay and the Goods
Laden on Board her, and find that the Goods all agree with the
Manifest they gave in of the same, and We do acquit the above written
Capt'n and Mate, by Declaring the acco't they have given in and which
they have signed to be true and Just. Done at Texell the Date and Year
above.

J. TUNING.

Mr. John Wendell, Jun'r,[2] who Translated the several Dutch Papers in
the Case, made oath that he had Translated the same according to his
best skill and Judgement.

[Footnote 2: Nephew of Col. Jacob Wendell and, like him, a Boston
merchant born of a Dutch family in Albany.]


_135. Extract from Capt. Mackay's Journal.[1] November 14, 1739._

[Footnote 1: The heading which the document bears in the admiralty
court records.--It is a sign of Captain Mackay's imperfect Dutchness
that he keeps his journal by old-style or English dates, not by the
new-style dates which had since 1583 been customary in Holland; for
(see the next document) Thursday, Nov. 15, 1739, was Nov. 15, O.S.]

At two yesterday afternoon We see Cape Clear and the fastnie[2]
bearing of us n.e. about two Leagues, at 4 Do. it bore of us
N.E.B.E.[3] about 5 Leagues. Tacked and stood to the Eastward. We lay
up S.E.B.E. till 8 in the Evening, from 8 to 12 m.n. E.S.E. We had a
very hard Gale at S. with a very great Sea. at half an hour past three
this morning a sea broke over us and carry'd away our Boom and
Mainsail. We layed the Helm to Lee and kept to w't the Jib but the
Gale increasing We Try'd Hull to. at 5 in the morning the Breakers
seemed close under our Lee and ahead. We hoisted the Jib to try if
possible to clear the Danger, but our Endeavours were fruitless, the
Jib gave way so that We had no Sail left but the Fore Sail, and
nothing appeared in our View but Unavoidable Death. We had the
Breakers on each side and an Opening seemed to be ahead. We bore up
for it and drop't an anchor, which did not hold, the Rocks and
Breakers being all round us and the Night excessive Dark added Dread
to the Terrours of Death, But the Mercifull God opened a Door of
Safety for us when We were in the utmost Distress, for as We were
going Right in among the Rocks We see a small opening on the Larboard
hand. We hoisted the Fore Sail and Cut the Cable and Looft[4] into the
Opening and were Immediately aground in a very smooth sandy Cove. at
seven in the Morning when it cleared for Day We see some People on the
Shore. We got the Boat out and brought two of them on Board. They
directed Me to Apply to one Col. Townsend of Castle Haven,[5] which
is four Miles from Finis Cove,[6] the Place where We are on Shore,
etc.

[Footnote 2: Cape Clear and the Fastnet Rock form the southernmost
extremity of Ireland.]

[Footnote 3: Northeast by east.]

[Footnote 4: Luffed.]

[Footnote 5: The Townshends were the leading people of Castlehaven,
living at Castletownshend, from Cromwell's time to ours. This was Col.
Richard Townshend. Richard and Dorothea Townshend, _An Officer of the
Long Parliament and his Descendants_, pp. 150-151, with portrait.]

[Footnote 6: Between Castlehaven and Baltimore, and four miles south
of Skibbereen. The rocky coast in just this region inspired Swift's
once celebrated poem, _Carberiae Rupes_ (1723).]


_136. Protest of Capt. Mackay. November 15, 1739._

To all Christian People unto whom this Publick Instrum't of Protest
doth come or may Concern, Be it known and Manifest that this Day there
came and Personally appeared before me, Thomas Lucas, Gent'm, Notary
and Tabellion Publick in and throughout the Kingdom of Ireland by
Regal Authority, Lawfully Admitted and sworn at Skibbereen[1] in the
County of Cork and Kingdom aforesd, George Johnston, Mate, Joseph
Hall, Boatswain, William Cromie, Mariner, belonging to the good Ship
or Vessell called the _Amsterdam Post_, burthen Forty Tuns, whereof
Æneas Mackay is Master, and Voluntary made oath on the Holy Evangelist
That on the Twenty eighth Day of Octo. last they sailed with said
Vessell from the Canaries bound to Corke, and met with very bad
Weather on their Voyage; that on Thursday the Fifteenth of this Inst.
Novemb'r,[2] ab't three of the Clock in the Morning, the Weather being
very desperate, they lost their Main Boom and anchor and one third of
a Cable of[f] the Stage of Castle Haven, and all the Sails much
Damaged; and that about five of the Clock in the morning the Vessell
was stranded at Finins Cove near Castle Haven Harbour, where the
Vessell now lyes; that by the Violence of the Weather they have reason
to Suspect they have Received great Damage. Wherefore the Notary, at
the Special Instance and Request of Æneas Mackay, Master, George
Johnston, Mate, Joseph Hall, Boatswain, and Wm. Cromie, Mariner, have
Protested, as by these Presents I Do Protest against the Seas and
Winds for all Losses, Damages, Prejudices or hindrances whatsoever
known or as yet unknown which the Ship or Vessell, or the Owners,
Freighters or Insurers, or any other Person or Persons has Sustain'd
or Received or hereafter may Sustain or receive. In Testimony of which
I the Notary aforesaid have hereunto sett my Hand and Seal of Office
this Fifteenth Day of November One thousand seven hundred and Thirty
nine.

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 in
1631). Ch. Smith, _Antient and Present State of the County and City of
Cork_ (Dublin, 1750), I. 280. Hence Mackay would go there to make this
declaration of damage by storm, called in maritime law a protest.]

[Footnote 2: See doc. no. 135, note 1.]


_137. Extract from Capt. Mackay's Journal. November 16, 1739._[1]

[Footnote 1: The heading which the document bears in the admiralty
court records.]

From Yesterday at 6 in the Evening to this Morning at 8 a Clock I have
been in continual Dread by reason of some Shabby Gent'n who staid on
Board at Night and frequently seem'd to hint Concerning Money, of
which I had indeed a large quantity but pleaded Poverty to them, but
to my great Surprize at One in the Morning I found my own People
Deserting of Me and had already sent one Chest on Shore, thereupon I
immediately threatnd to Kill the first that would attempt to leave Me
in that Distress. Fear kept them Aboard.


_138. Certificate of Clearance. December 4, 1739._

PORT CORK,

Know Ye, That Will'm Winthrop[1] enter'd on the _Amsterdam Post_ of
Amsterdam, Æneas Mackay Master, for Madera, Sixty Bar'ls Beef,[2] One
hundred and ten F'kins cont[aining] Fifty seven hundred wt Butter,
Seventy Boxes cont[aining] Thirty five hundred wt Candles, One hundred
eighty Tann'd Hides and Forty Ters[3] Pilchers. Custom paid. Witness
our Hands and Seals of Office the 4th of Decemb'r 1739.

RICH'D FENTON,
  Coll.

WILL. DOBBIN,
  Dep'y [Cudr?] and Coll'r.

Endorsed 1739 Xbr[4] 7th Exam'd per Ben Roberts, Ld. Wt.,[5]

Cove Dec'r 11, 1739 Exam'd per Rich'd Toler, [Scr.][6]

[Footnote 1: Sheriff of the city of Cork in 1741, mayor in 1744. He
was descended from an uncle of Governor John Winthrop.]

[Footnote 2: "For packing, salting, and barreling beef, this city
gives place to no other in Europe." Exports in 1743, 86951 barrels of
beef, and similar amounts of butter, hides, and tallow. It was a place
of 70,000 inhabitants, and the customs revenues were £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 has
been four Voyages betwixt Canaries and Amsterdam, and the last Voyage
We went to Cork and from thence I always thought We was going to
Teneriffe, hearing all our Men Say the was Shipped for that Place, and
am willing to give my oath if occasion. As Witness my Hand

WILLIAM YOUNGER.

I Do Declare that I was Shipped in the City of Corke by Capt. Aeneas
Mackay in the Sloop _Amsterdam Packett_, bound to Teneriffe and from
thence if the Captain thought proper to Cork and Amsterdam, and to
receive Thirty three shillings per month Irish Money, which I will
give my oath if occasion, which I have here sett my Hand.

          his
DARBY [wavy line] SHE.
          mark

I Do declare that I was Shipt by Capt. Æneas Mackay in the Sloop
_Amsterdam_ to the Island of Teneriffe and to receive fourteen Gilders
per month. We proceed[ed] our Voyage, but before We Sailed from thence
he told us he was bound to Cork, which I consented to go with him, and
at our Departure from Corke he told us he was bound again to
Teneriffe, St. Cruize, where We came from, which if occasion I will
give my Oath and has sett my Hand.

   his mark
JOHN [X] GORDING.


_140. Certificate of British Consul in Madeira. March 9, 1740
(N.S.)_[1]

[Footnote 1: It is to be presumed that all these documents originating
in the Madeira or Canary Islands are dated according to new style.]

These are to Certify all whom it may Concern that upon the arrival of
the Sloop _Amsterdam Post_ at this Island the Judge of the Poor
applyed to Capt. Philip Dumaresq to have her Unloaded, there being no
Salt Beef in the Place at that Time for Sale, to which the said
Dumaresq answer'd that he could not consent to it till it was first
Condemn'd by some English Admiral as good Prize, upon which the said
Judge Applyed to the officers of the Chamber at their respective
Houses and came back and told him that he should be obliged to it
whether he wou'd or no, for that the Island was in great want thereof,
and that he would give him a Certificate that they forced him to it,
but to this day the said Dumaresq has not been able to obtain it,
notwithstanding the said Judge has in my hearing several Times
promised to give it to him.

As Witness my Hand in Funchal, Island of Madera, 9th March 1740.

RICHARD BAKER, Consul.


_141. Receipt for Mediterranean Pass. May 29, 1740 (N.S.)._

Receiv'd from Capt. Philip Dumaresq Command[er] of the Private Man of
War Sloop _Young Eagle_, a Mediterranean Pass No. 2533,[1] Granted by
the Hono'ble the Commissioners of the Admiralty of Great Britain the
Eleventh Day of July, One thousand seven hundred and thirty eight, to
Æneas Mackay, then Master of the Sloop _Amsterdam Post_, now taken as
Prize by the abovesd Capt. Ph. Dumaresq. In Witness hereof I have
Signed two Receipts, both of this tenour and Date, in the Island of
Madera, the 29th May, 1740.

RICHARD BAKER, Consul.

[Footnote 1: See doc. no. 128, note 12.]

The Claimant in Court acknowledged the Certificate signed by the
Consul touching the Delivery of the English Mediterranean Pass to him
by Capt. Dumaresq to be the proper hand writing of Richard Baker,
Esq., Consul at Madera, as also the Certificate of the Judge of the
Poor's obliging Capt. Dumaresq to Unload.


_142. Certificate of British-Dutch Vice-Consul in Teneriffe. April 26,
1740 (N.S.)._

I Certify and avouch to all Gent. whom these Present may concern, That
Don Peter Dufourd, Vice-Consul General for the French and Britannick
Nations,[1] Appeared before Me, as also Don John Delake, John
Whitefield and Don Issario Antonio Samer, Merch'ts residing in this
Port, who say that the Sloop called the _Amsterdam Packett_, whereof
Capt. Aeneas Mackay is Commander, has usually come to this Port; and
that the said Sloop arrived here under Dutch [Colours] the 27 of
October the year last past, 1739, and that the said Sloop sailed again
for Amsterdam, consigned to the Divernetts, and that the said Sloop
wore Dutch Colours, during the time she lay at anchor in this Road,
and that said Sloop Sailed and Returned on her Voyage out of this Port
under Dutch Colours; and that the said Æneas Mackay brought with him
his Dutch Clearance and Passport, and that he the said Mackay is a
Resident and Dweller in Amsterdam; and that the Cargo which he had
brought and now did bring, did actually belong to Merch'ts in Holland
Corresponding with the aforementioned Divernetts herein expressed, and
that the aforesaid Don Peter Dufourd, as Vice-Consul General, did pass
the Usual Visit of Health in the aforegoing Voyage; and that he[2]
brought his Dutch Journal, which was set down in his Book as a
Dutchman, and for this purpose he[3] holds his Vice-Consulship as well
as being Employed Vice-Consul for the Dutch; and further saith that he
the said Dufourd had been in Company with Isaac Divernett in the House
of Don Arnold Vansteinfortt,[4] Consul General for the Dutch in these
Islands, when the said Æneas Mackay shewed him his Papers, as he was
Consul for that Nation, Manifesting his being Naturalized in
Amsterdam, and for this reason he brought a Dutch Passport and Wore
Dutch Colours; the Truth of which he declares before God, no person
being able to say to the contrary, it being a Publick and known Truth,
of what has been Declared, Signed by these Presents with the aforesd
Vice Consul Gen'l and the afore mentioned Merch'ts of this Port of
Santa Crux of Teneriffe, the 26th Day of April 1740. PETER DUFOURD,
Vice Consul General, JOHN WHITEFIELD, ISSARIO ANTONIO SAMER, JOHN
DELAKE, JOSEPH VRANES [Vianes][5] of Salas, Publick Scrivener.

[Footnote 1: And also for the Dutch Republic; see below. George Glas,
in the "Description of the Canary Islands" appended to his translation
of Juan Abreu de Galindo, _History of the Discovery and Conquest of
the Canary Islands_ (London, 1764), says that the British and Dutch
consuls were the only Protestants allowed to dwell in the islands.
Santa Cruz was the centre for the foreign trade, and the governor
resided there, on Teneriffe, though the bishop and the courts were at
Palmas, on the Grand Canary.]

[Footnote 2: Mackay.]

[Footnote 3: Dusourd.]

[Footnote 4: See doc. no. 165, note 11.]

[Footnote 5: See _ibid._]

Compared with the Original before Me which is in my Power and office,
and this I remit as a true Copy, the Day and Year aforementioned. In
Testimony of the Truth,

JOSEPH VRANES of Salas,
  Publick Scrivener.

We do Declare and Avouch that Joseph Vranes, who has attested this
Copy, is Publick Scrivener, and that full Faith is and ought to be
given to all his Instruments of Writing and Dispatches, both here and
abroad. Wherefore We have Signed this in Santa Crux of Teneriffe, the
29th of April, 1740.

                          JOSEPH PADILLA,
JOSEPH ANTONIO SANCHES.     Apostollick Notary.
  FRANCISCO DELGADA.


_143. Sentence of Admiralty Judge. September 1, 1740._[1]

[Footnote 1: Court proceedings here resumed, after insertion of
documents in the record.]

Capt. Dixon, who Translated the Several Spanish Papers aforewritten,
made Oath in Court that he had Translated them according to the best
of his Skill and Judgment.

The Court was then Adjourn'd to the 25th Curr't at 8 a Clock A.M., at
which Time it was Opened and both Parties fully heard by their
advocates, after which the Court was Adjourn'd to the Thirtieth Curr't
at 10 a Clock a.m., at which Time the Judge Decreed the Vessell and
Cargo a Lawfull Prize, and on the first of September following
delivered his Reasons for Adjudication in Open Court, which is as
follows, viz.

I have duly Considered the Preparatory Examinations and all the Papers
and Writings which were Sworn to be found and taken in and with the
Capture (a Mediterranean Pass excepted) and also the Depositions given
in Open Court, and likewise with great Deliberation weighed the
Arguments of the Advocates, as well on the part of the Captor as on
the part of the Claimant, and it appears to Me that the Sloop Libelled
against was a British Bottom, Navigated by British Subjects, and that
the Master thereof, Æneas Mackay, on the 11th of July, 1738, had
Granted to him for said Sloop by the Right Hono'ble the Lords
Commissioners for Executing the Office of Lord High Admiral of Great
Britain a Mediterranean Pass No. 2533, which was found on board the
said Sloop at the Time of the Capture. It also appears to Me that the
said Master, on the 16th Septr., 1739, by the Name of Æneas Mackay of
London, Captain, took the usual Oath of a Porter of the City of
Amsterdam; that on the 22d of said Month the said Master before the
Magistrates and Rulers of that City made oath that the Vessell
aforesd., of which he was then Master, belonged to a House in that
Province and afterwards the said Vessell in Holland as to her
Clearing, Passport, Visiting, Taxing, etc., was Treated as a Dutch
Bottom; that on the 2d of Octobr. following the said Master hired a
Chamber in Amsterdam _for one year_, But in case no one appeared in
October following then it should be in the power of the Lessor to Lett
the same to another, and he Enter'd the Day following, and shortly
after sailed in said Vessell to Teneriffe, from whence in a few Days
he and his hands, British Subjects, and after the Proclamation of War,
with Two Passes, viz. the said Mediterranean Pass and a Dutch Pass,
sailed to Cork in the Kingdom of Ireland, having a Great quantity of
Money, as appears by his Journal; there he purchases a Loading,
Chiefly Provisions, Clears out for the Maderas, and accordingly had
one Sett of Bills of Lading for that Port, to be delivered to William
Callanach or to his assigns, who to Me appears to be a fictitious
Person, and one other Sett of Bills of Lading for said Cargo to be
Deliverd at the Port of C----[2] unto Divernett Freres, who plainly
appeard to me then to be two Merch'ts Settled Inhabit'ts at Teneriffe,
one of them since dead, the other there still Inhabiting; that on the
15th of January, 1739, the said Vessell was taken, as set forth in the
Libel, with the said Papers and the Books of Acco'ts of the said
Master, and by which acco'ts it turns out to my Satisfaction if those
two Brothers the Devernets were not solely Owners they were
Principally so. It further appears that the reason assigned by the
Master, when taken, of being so near Teneriffe and setting in for that
Port was for Water, when in Truth it's in Proof they were Letting out
their Water Secretly, and after Stopt by the Captors there was Water
for one hand more than the Crew belonging to the Sloop for three
Weeks, which carried them into Madera, and if the Say of some of the
Sailors is to be Credited they were Shipped at Corke for Teneriffe;
and all this to Demonstration Shews which of those two Setts of Bills
of Lading must be understood to be Real. It also appears in Proof,
certifyed under the hand of the British Consul at Madera (whose name
thereto subscrib'd is owned by the Claimant to be of his proper
handwriting), that the said Cargo was there by force Unloaded, by
Means Whereof not brought with the Vessell to this Port, So that in
fine here is a British Master endeavouring to Commence Dutchman, a
British Vessell with two Passes, British and Dutch, and to be
occasionally[3] either a British or Dutch Bottom Navigated by British
Subjects in time of War with Spain, Sails from Teneriffe with Money to
Cork in Ireland, there purchases a Cargo of Provisions bound directly
back to our Enemies, makes a false Clearance as if bound to Madera,
has two Setts of Bill of Lading, the One which is Real to Deliver the
Cargo at a Port part of the Dominions of a Prince in Enmity with us,
and to Persons there Inhabiting who appear to be altogether or
Principally owners, Carrying the King's Subjects to Enemies, whereby
they by Menaces or Corruption or both may be drawn from their
Allegiance, and happily is thus taken, and to have it a Question
whether it's a Lawfull Capture or not is somewhat Extraordinary, for
my part till I am better Informed from Home I shall never Ballance in
Cases so Wickedly Contrived and contrary to the Conduct of plain
Trading and Simple Honesty, But in Justice to my King and Country
always Condemn, and if this Mackay was in Court, notwithstanding all
his Subtlety and Double Dealing and his pretended Naturalization
Certifyed from Teneriffe, as in the Case, I should order him in
Custody till delivered up to the Government. Therefore on the whole I
Adjudge and Condemn the Vessell and Cargo Libelled against as a
Lawfull Prize, Entirely to belong to and be Divided between and among
the Owners of the Sloop that Seized and Took her as aforesaid, and the
several Persons which were on Board the same, in such Shares and
Proportions as were agreed on with the Owners aforesd. and the persons
thus entituled thereto by virtue of such agreement among themselves.
And as to the Objection that the Cargo is not brought in the Vessell,
the Manner of it's being forced from the Captor is Certified, and that
this Court may notwithstanding proceed to Condemnation is not only the
practice of the Court, but so known in the Kings Court, as in the
Cases the King v. Broom, Brown and Burton v. Francklyn.[4]

ROB'T. AUCHMUTY, Judge Ad'y.

Examd
  per JOHN PAYNE, D.Reg'r.

[Footnote 2: Santa Cruz?]

[Footnote 3: _I.e._, according to occasion.]

[Footnote 4: Rex _vs._ Broom or Brome is in Comberbach's _Reports_
(1724), p. 444 (King's Bench, Trinity term, 9 Will. III.) and, more
fully, in Carthew's _Reports_ (1728), p. 398, and 12 _Modern Reports_
135. Broom, master of a ship of the Royal African Company, captured a
French ship off the Guinea coast, sold ship and goods at Barbados, and
kept the proceeds. Franklyn, the king's proctor, exhibited a libel
against him in the High Court of Admiralty, for embezzlement of the
admiralty perquisites belonging to the king. After sentence, Broom
moved the King's Bench for a prohibition, to transfer the case to that
court, but the prohibition was refused. The case of Brown and Burton
_vs._ Franklyn (Hilary term, 10 Will. III.) was similar. Brown and
Burton were masters of two ships of the East India Company, who had
taken a rich French prize at the island of Johanna (see doc. no. 58,
note 3) and taken the goods for themselves and left the ship there,
without going to the trouble of having it properly condemned as prize.
The case is reported in Carthew, p. 474.]




THE _REVENGE_.


_144. Commission of Capt. Benjamin Norton as a Privateer. June 2,
1741._[1]

[Footnote 1: Massachusetts Historical Society, in a collection of
papers, to which several of the subsequent documents belong, presented
to the society by the late Professor Charles Eliot Norton,
great-grandson of Captain Benjamin Norton. This commission, or letter
of marque, may be compared with one of 1782 (New York, loyalist), in
Anthony Stokes, _View of the Constitution of the British Colonies_,
pp. 340-347, and with the Portuguese letter of marque in doc. no. 14.
This Benjamin Norton may have been a son of the one who figures in
doc. no. 118.]

Richard Ward Esq Governour and Commander in Chief in and over his
Majesty's Colony of Rhode Island and Providence Plantations in New
England.

To all Persons, to whom these Presents shall come, Greeting.

Whereas his most Sacred Majesty George the Second by the Grace of God
of Great Britain, France, and Ireland King, Defender of the Faith
etc., hath been pleased by his Declaration of the nineteenth Day of
October, in the year of our Lord One Thousand seven hundred Thirty and
nine, for the Reasons therein contained, to declare War against Spain,
And has given Orders for the granting Commissions to any of his loving
Subjects, or others that shall be deemed fitly qualified in that
Behalf, for the apprehending, seizing and taking the Ships, Vessels
and Goods belonging to Spain, or the Vassals and Subjects of the King
of Spain, or others inhabiting within any of his Countries,
Territories, and Dominions, and such other Ships, Vessels and Goods,
as are or shall be liable to Confiscation Pursuant to the respective
Treaties between his Majesty and other Princes, States and Potentates,
and to bring the same to Judgment in the High Court of Admiralty in
England, or such other Court of Admiralty as shall be lawfully
authorized for Proceedings and Adjudication, and Condemnation to be
thereupon had according to the Course of Admiralty and Laws of
Nations,

And Whereas Benjamin Norton Mariner and John Freebody Merchant both of
Newport in the Colony aforesd. have equipped, furnished, and
victualled a Sloop called the _Revenge_ of the Burthen of about One
hundred and Fifteen Tons, whereof the said Benjamin Norton is
Commander who hath given Bond with sufficient Sureties,

Know Ye therefore That I do by these Presents, grant Commission to,
and do license and authorize the said Benjamin Norton to set forth in
Hostile manner the said Sloop called the _Revenge_ under his own
Command, And therewith by Force of Arms (for the Space of Twelve
months from the Date hereof, If the war shall so long continue) to
apprehend, seize and take the Ships, Vessels and Goods belonging to
Spain, or the Vassals and Subjects of the King of Spain, or others
inhabiting within any of his Countries, Territories or Dominions, and
such other Ships, Vessels and Goods, as are or shall be liable to
Confiscation Pursuant to the respective Treaties between his Majesty
and other Princes, States and Potentates, and to bring the Same to
such Port as shall be most convenient, In order to have them legally
adjudged in such Court of Admiralty as shall be lawfully authorized
within his Majesty's Dominions, which being condemned, It shall and
may be lawful for the said Benjamin Norton to sell and dispose of such
Ships, Vessels and Goods so adjudged and condemned in such Sort and
manner as by the Course of Admiralty hath been accustomed (Except in
such Cases where it is otherwise directed by his Instructions[2])
Provided always That the said Benjamin Norton keep an exact Journal of
his Proceedings, and therein particularly take notice of all Prizes
that shall be taken by Him, the Nature of such Prizes, the Times and
Places of their being taken, and the Value of Them as near as He can
judge: As also of the Station, Motion and Strength of the enemy, as
well as He or his Mariners can discover or find out by Examination of,
or Conference with any Mariners or Passengers in any Ship or Vessel by
Him taken, or by any other Ways or Means whatsoever, touching or
concerning the Enemy, or any of their Fleets, Ships, Vessels or
Parties, and of what else material in these Cases that may come to his
or their Knowledge, of All which He shall from Time to Time as He
shall have an Oportunity, transmit and give an Account unto me (or
such Commander of any of his Majesty's Ships of War as He shall first
meet with). And further Provided that nothing be done by the said
Benjamin Norton or any of his officers, mariners and Company contrary
to the true meaning of the aforesaid Instructions, But that the said
Instructions shall be by Them, as far as They or any of Them are
therein concerned, in all Particulars well and duly observed and
performed, And I do beseech and request all Kings, Princes,
Potentates, Estates and Republicks being his Majesty's Friends and
Allies, and all others to whom it shall appertain to give the said
Benjamin Norton all Aid, Assistance and Succour in their Ports, with
his said Sloop and Company and Prizes without doing, or suffering to
be done to Him any Wrong, Trouble or Hindrance, His Majesty offering
to do the like, when by Any of Them thereto desired, Requesting
likewise of All his Majesty's officers whatsoever to give Him Succour
and Assistance as Occasion shall require.

[Footnote 2: See doc. no. 126.]

Given under my Hand, and the Seal of said Colony, at Newport aforesaid
the Second Day of June Anno Dm. 1741, and in the Fourteenth year of
his said Majesty's Reign.

RICHARD WARD.[3]

[Footnote 3: Governor 1740-1743.]

Sealed with the Seal of said Colony
by Order of His Honour the Governour
  JAS. MARTIN, Secry.

Colony of Rhode Island etc. Newport 6th November 1741

The above and foregoing is a true Copy of the Commission granted Capt.
Benjamin Norton for the Sloop _Revenge_ on a Cruise against the
Spaniards etc. as the Same stands recorded in my office in the Book
No. 4, Fo. 544 and 545.

Teste JAS. MARTIN, Not. Pub.


_145. Journal of the Sloop Revenge. June 5-October 5, 1741._[1]

[Footnote 1: Massachusetts Historical Society. This journal, parts of
which were Published by Professor Norton in the _Atlantic Monthly_ for
September and October, 1861 (VIII. 353-359, 417-424) was kept by Peter
Vezian, captain's quartermaster (there were two quartermasters, one
appointed by the captain and one elected by the crew).]

A Journal of all the Transactions on Board the Sloop _Revenge_ Benja.
Norton Com'r by God's Grace and Under his Protection Bound on a
Cruising Voyage against the Spaniards Begun June the 5th, 1741.

_Friday 5th._ This day att 4 AM. the Capt. went from Taylors Wharfe on
Board his Sloop, which lay off of Connanicut.[2] at 6 oClock, Capt.
John Freebody[3] Came off in the pinnace with Severall hands. We
directly Weighed Anchor with 40 hands, Officers Included, Bound to New
York to Gett more hands and a Doctor and some more provisions and
other Stores we stood in need off. att 8 Hastings came off in his Boat
and brought a hand with [him] John Swan by name to proceed the Voyage,
all so Mr. Saml. Freebody went ashore in the Ferry boat. att 12 hailed
the Sloop from Castle Hill.[4] Capt. Freebody went in the pinnace to
him. he delivered him the Register of all his Officers Names which he
had forgott. The Wind being Contrary was Obliged to put back again
Came to an Anchor under Connanicut att 8 PM.

[Footnote 2: The long island lying just west of Newport, in
Narragansett Bay.]

[Footnote 3: Of Newport, the chief owner.]

[Footnote 4: A height at the southwestern extremity of Newport, on
which the colony had just erected a watch-tower.]

_Saturday 6th._ Weighd from Under Connanicutt att 4 AM. with a Small
Breeze of wind. Mett severall Vessells bound to Newport and Boston.
att 7 PM. Anchored Under Block Island over against the £10000 Pear.[5]
Bought 10s. worth of Codfish for the people.

[Footnote 5: In 1735 the Rhode Island assembly had appropriated £1200
for building a new pier at the harbor of Block Island (_R.I. Col.
Recs._, IV. 502, 508, 512), and had not appropriated more since; but
since the progress made had not been great, the quartermaster may be
speaking in the vein of sarcastic prophecy.]

_Sunday 7th._ About 4 AM. Weighd from Block Island mett a Conneticutt
Sloop bound to York. kept Compa. with him all that day and Night and
Munday the 8th Instant att 9 PM. Anchord in Huntington Bay.[6]

[Footnote 6: On the north shore of Long Island.]

_Munday 9th [8th]._ Weigh'd from Huntington Bay att 3 PM.[7] Saw the
Same Sloop who had Sail'd all the Night. att 11 Came to the white
Stone[8] fired a Gun and beat the Drum to lett them know what we was.
the Ferry boat Came off and told Us that we Cou'd not Gett hands att
York for the Sloops fitted by the Country[9] had Gott them all. att
12 Came to anchor att the 2 brothers.[10] att 4 took an Acct. of all
the provisions on Board with the Cost together with a List of all the
people on Board, as on the other Side.[10a]

[Footnote 7: Error for 3 A.M., probably.]

[Footnote 8: Whitestone Point, on the south side of the East River.]

[Footnote 9: _I.e._, by the province of New York; see under June 10.]

[Footnote 10: North Brother and South Brother islands, in the East
River, just outside of Hell Gate.]

[Footnote 10a: See p. 384.]

Price a hand that Came with Us from Rhode Island askt Leave to Go to
York to See his Wife. Sett a ---- Crazy fellow a shoar not thinking
him fitt to proceed that Voyage, his name Unknown to me.

_Wednesday 10th._ This Morning about 5 AM. Capt. Freebody went up to
York in the pinnace to Gett provisions and Leave to beat about for
more hands. att 1 PM. the Pinnace Returned and brought word to the
Capt. from Mr. Freebody that he had waited on his Honour the Govr.[11]
and that he wou'd not Give him leave to beat up for Voluntiers. the
Chief Reason he Gave was that the City was thined of hands by the 2
Country Sloops that were fitted out by the Council to Crueze after the
Spanish privateers on the Coast and that his Grace the Duke of
Newcastle had wrote him word[12] that if Admiral Vernon or Genl.
Wentworth shoud writte for more Recruits to Use his Endeavours to Gett
them, so that he could not Give Encouragem't to any privateers to take
their men away. Three of the hands that went up to York left us, Viz.
George Densey, John Holmes and William Webster. Att 4 PM. Edward
Sampford our Pilott went a shoar in a Conoe with four more hands
without Leave from the Capt. when he Came on Board again the Capt.
talkt to him and found that he was a Mutineous Quarelsome fellow so
Ordered him to bundle up his Clothes and Go a shoare for Good. he
Carryed with him 5 more hands, Viz. Duncan McKenley, Foelix Burn, John
Smith, Humphry Walters and John Taylor (poor Encouragement to Gett
hands when they leave Us so fast). After they were Gone I read the
Articles to those on Board who Readily Signed So hope we shall Lead a
peaceable Life. Remains out of the 41 hands that Came with Us from
Rhode Island, 29 hands.

[Footnote 11: George Clarke, lieutenant-governor 1736-1743.]

[Footnote 12: Newcastle's letter of Dec. 4, 1740, which Clarke had
received May 7, 1741. _N.Y. Col. Docs._, VI. 187. It was doubtless
similar to the letter of the same date to the governor of Rhode
Island, printed in Miss Kimball's _Correspondence of the Colonial
Governors of Rhode Island_, I. 187. Newcastle was secretary of state.
Vernon and Wentworth had already failed to capture Cartagena, but this
was not yet known in New York.]

       *       *       *       *       *

_Account of the Provisions taken on Board the Sloop Revenge att Rhode
Island, Viz._

Beef 50 bb. at £7. 10 per bb.    £375
Pork 18 bb. £12 per bb.           216
Flowr 64 bb. £8 per bb.           512
Bread 50 C. £4 per C.             200
Beans 10 bus.                       8
Rum 100 Gall. 10s. per Ga.         50
Sugar 1C.2[13] £8 per C.           12
Hogs fatt a Cagg[14]                7
                                -----
                                £1380
                                =====

[Footnote 13: _I.e._, one hundred (112 lbs.) and two quarters (56
lbs.).]

[Footnote 14: Keg.]

_List of People on Board the Sloop Revenge who Saild with us from
Rhode Island._

------------------+---------------+
   Names          | Quality       |
------------------+---------------+
John Freebody     | Passenger     |
Benjn. Norton     | Commander     |
Elisha Luther     | Master        |
Peter Vezian      | Capt. Qr. Mr. |
John Gillmore     | Mate          |
James Avery       | Boatswain     |
John Griffith     | Gunner        |
Edwd. Sampford    | Pilott        |
Robert Little     | Carpenter     |
Humphry Walters   | Marriner      |
Duncan McKinley   |   Do.         |
James Barker      |   Do.         |
Thos. Colson      |   Do.         |
John Holmes       |   Do.         |
James Ogleby      |   Do.         |
Andrew Wharton    |   Do.         |
Saml. Webster     |   Do.         |
Joseph Frisle     |   Do.         |
John Swan         |   Do.         |
Benj. Blanchard   | Mariner       |
Alexr. Henry      |   Do.         |
Jno. Brown        |   Do.         |
James Mackon      |   Do.         |
Timothy Northwood |   Do.         |
George Densey     |   Do.         |
John Smith        |   Do.         |
Gideon Potter     |   Do.         |
John Bennett      |   Do.         |
John Taylor       |   Do.         |
Foelix Burn       |   Do.         |
Joseph Ferrow     |   Do.         |
William Austin    |   Do.         |
William Frisle    |   Do.         |
William Higgins   |   Do.         |
John Wright       |   Do.         |
Richard Norton    | Capt. Negro   |
Edward Almy       |  Cook         |
Saml. Kerby       | Mate Negro    |
Danl. Walker      | Negro         |
------------------+---------------+

       *       *       *       *       *

_Thursday 11th._ Att 6 AM. I went to York by Order of the Capt. to
wait on Capt. Freebody. he wrote to Our Capt. to know if he thought
proper to Come to York or Return back again thro the Narrows. he left
it Intirely with him to determine. Returned about 2 PM. brought some
fresh provisions on board.

_Friday 12._ Went to York with a Letter from the Capt. to Mr. Freebody
who Ordered the Vessell up to York. Three of Our hands left me to See
some Negroes burnt, Viz. Joseph Ferrow, John Wright and Benjn.
Blanchard.[15] took a pilott in to bring the Vessell up and so
Returned on board att 3 PM.

[Footnote 15: The _Revenge_ arrived at New York at the very height of
the trials for the "Negro Conspiracy", for which, after extraordinary
public excitement, thirteen negroes were burned at the stake, eighteen
hanged, and seventy transported. On this day, June 12, the three white
principals, John Hughson, his wife, and Margaret Kerry, were hanged,
and three negroes, Albany, 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 York
att 7. Anchor'd off the Town. Saluted it with 7 Guns. Shipt 7 hands to
proceed the voyage, Viz. Geo. Benson, Indian, George Tallady, Jackson,
McKenney, Marshall.

_Sunday 14th._ Between 6 and 7 AM. Came in a Brigt. from Aberdeen with
40 Servants[16] but brings no News. Shipt a hand Woodell by Name.

[Footnote 16: Indented servants.]

_Munday 15._ Nothing Remarkable these 24 hours.

_Tuesday 16._ Sent the pinnace a Shoar and brought off 6 bb. of Beef.

_Wednesday 17._ Att 10 AM. the Pilott Came on board weighd Anchor and
fell down to the Narrows between Stratton Island[17] and Long Island.
Att 3 PM. went up to York and brought down with me 3 hands, Ralph
Gouch, John Taylor and Andrew Fielding.

[Footnote 17: Staten.]

_Thusday 18th._ Att 11 AM. Our Pilott Came on Board with 4 of Our Men
that had Left us when the Capt. Turned Edward Sampford a Shoar, George
Densey, Foelix Burn, Duncan McKenley and John Holmes, who promised
faithfully to proceed the Voyage. Att 2 PM. the Capt. Ordered Our
Gunner to deliver Arms to them that had none. 25 hands fitted
themselves. Great fireing att Our Buoy Supposing him a Spaniard. I
hope to God that their Courage may be as Good if Ever they meet with
any.

_Friday 19th._ Came in a Brigt. from Ireland Capt. Long with
passengers but brings no Strange News. Went to York. Shipt 2 hands, M.
Dame and Jackson.

_Saturday 20th._ Att 10 AM. Came in the _Squirill_ Man of Warr Capt.
Warren Come from Jamaica[18] who Inform'd us that Amiral Vernon had
taken all the Forts att Carthagena Except one and the Town. We Saluted
him with 3 Guns having no more Loaded. he Return'd us one. We Gave
three Chears which was Returned by the Ship. he further told the Capt.
that if he wou'd Come up to York he'd put him in a Route which wou'd
be of Service to his Voyage. Att 3 PM. Came on Board Capt. Wright to
demand his Servant Andw. Fielding, which he had Seen. The Master went
up to York to Gett some hands that had promist to Come away by night
and Carry'd With him Andw. Fielding.

[Footnote 18: The _Squirrel_ had gone down to Jamaica with
reinforcements. _N.Y. Col. Docs._, VI. 170. The news brought was
unduly favorable, as the event proved. Captain Warren, afterward
Vice-Adm. Sir Peter Warren, commanded in 1745 all the naval forces
that took part in the reduction of Louisbourg. He was a brother-in-law
of Chief-justice James DeLancey, and uncle of Sir John Johnson.]

_Sunday 21._ About 4 AM. The Master Came on board who had been att
York to Gett hands but mett with no Success, farr from it for he
Carry'd 4 hands with him but brought back but two.

_Munday 22d._ The Capt. went up to York to wait on Capt. Warren who
was as Good as his Word. Att 4 Came on Board again and brought 2 bb.
of beef and a fresh hand, Quinton Somerwood. Att 9 PM. hailed a Sloop
that Came from the Jerseys, Bennett Mast., On Board of w'ch was Capt.
Potter of Rhode Island.[19]

[Footnote 19: Presumably Simeon Potter of Bristol, a noted
sea-captain; on him and the _Prince Charles of Lorraine_, see docs.
no. 176 and no. 177.]

_Tuesday 23d._ Wrote a Letter by the Capt. Order to Mr. Gidley to Gett
Davison to mate with us. Our Capt. went to York to Carry it to Capt.
Potter. Att 3 PM. Came in a Sloop from Jamaica 20 days passage who
Informs us that Admiral Vernon's Fleet was fitting out for Cuba. I
wish them more Success than what they Gott against Carthagena, For by
all Report they Gott more blows than Honour. Att 4 PM. the Capt.
Returned and brought a hand with him John Waters Clerk of a Dutch
Church.

_Wednesday 24th._ About 10 AM. The pilott Came on Board with a Message
from Capt. Freebody who was Return'd from Long Island to Agree with a
Doctor that had Offered to Go with Us. Att 1 PM. Came in a Sloop from
Jamaica a prize of Capt. Warren which had been taken by the Spaniards
formerly she belong'd to Providence but Re-taken by the _Squirell_.
Att 6 PM. Mr. Stone and the Doctor Came on Board to see the Capt. but
he being att York they Returned to See there.

_Thursday 25th._ Nothing Remarkable the fore part of the day but
Quarrelling not worth mentioning. Att 1 PM. a Sloop Came in from
Jamaica and brings for News that he Spoke with an English Man of Warr
att Port Morant,[20] who told him that a fresh Warr was dayly
Expected, also that the Bay was Intirely Cut off by the Spaniards. Att
4 PM. the Capt. Came on board and brought a Chest with 19 small Arms.
att 5 Mr. Stone Came on Board and Signd the Articles as Lieut. No
Doctor as yett for he that the Capt. went to Agree with was a Drunkard
and an Extortioner so we are better without him than with him.

[Footnote 20: Port Morant is a port on the southeast side of Jamaica.
"The Bay" means the Bay of Honduras.]

_Friday 26th._ The most Remarkablest day this Great while, all peace
and Quietness. Three Ships Came down the Narrows, one bound to London,
another bound to Newfoundland and the third to Ireland. Severall Small
Craft Going too and thro.

_Saturday 27th._ This morning about 10 the Capt. went to York to take
his Leave of Capt. Freebody who was Going to Rhode Island. Att 2 PM.
Came on board and brought with him 2 bb. of pork. att 3 Came in a
Privateer from Barmudas, Capt. Love, who Came here for Provisions for
him and his Consort who waited for him there. This day we heard that
the two Country Sloops were Expected in by Wednesday next. Lord send
it, for we only wait for them in hopes of Getting a Doctor and some
more hands to make up Our Complement. Opened one of the bbs. of pork
last brot. on board and it Stunk. headed it up again and Opened a bb.
of beef which when Expended will make 8-1/2 bb. of beef Since we left
Newport.

_Sunday 28._ Att 5 AM. Ship saild down the Hook.[21] nothing Material
Only we heard that Edward Sampford the Pilott whom the Capt. had sett
ashoare att the two Brothers dyed on Board the _Humming Bird_
Privateer of the P-X. Opened a bb. of bread w'ch makes 11 Since we
left Rhode Island. The Capt. gave the people a pale of punch.

[Footnote 21: _I.e._, past Sandy Hook.]

_Mundy 29th._ About 4 AM. the Lieut. Came on Board with 4 hands who
had promist to Sign but being drunk they put it off till next day. one
of the 4 Signed John Ryant. The Master went up to York and brought the
bb. of pork that Stank. Att 4 PM. he Returned and brought with him 6
bb. of pork.

_Tuesday 30th._ Att 5 AM. Came in a Sloop from St. Thomas, Edw. Somers
Mas'r, but brings no News. the Mas'r went up to York and brought down
with him 5 bb. of beef. S'r Richard[22] Gott fowl of some of Our hands
which made them Quarelsome but Sleep overcame the Knight so all was
Quiet.

[Footnote 22: An analogous expression to "John Barleycorn."]

_Wednesday July 1st._ Scraped Our Mast, Gave it a Coat of Sluch. the
people went a Shoar to Wood and Water. Hevy Foggy Weather. No Doctor
as yet.

_Thursday 2d._ These 24 hours Foggy Weather. the Capt. went up to York
with Seven hands, Three of which left, Viz. Northwood, Colson and
Taylor. about 11 AM. a Sloop Came in from Newfoundland, brings no
News, also another Sloop from Bermudas.

_Friday 3d._ Att 5 AM. We perceived the three hands that had left Us
the day before on Board the _Humming Bird_ privateer who had been
Inticed by some of the Owners to leave Us by making of them drunk.
About 10 We saw their Canoe Going a shoare with Our hands in her also
Joseph Ferrow, whom we had brought from Rhode Island and had since
rec'd Clothes on Board, but had Entered on board that Sloop as
Boatswain. As Soon as they had done Watering and Returning aboard we
Mann'd Our pinnace and boarded their Canoe and took Our three hands
out of her, also Joseph Ferrow and brought them aboard. Some time
after, the _Humming Bird's_ Canoe Coming alonside, Ferrow Jumpt in her
and they put off Our pinnace being hawld up in the tackles. We
immediately Lett her down but Severall Raw hands Jumping in her and
unfortunately the plug being Out she almost filled with Water, which
Caused such Confusion that the Canoe Gott on Board before we Gott from
our Side. Our hands went on Board to demand him but they Gott all
their Arms and wou'd not Suffer us to board them. The Capt. when they
Returned wou'd not Suffer them to Return with their Arms to take them
out for fear of some Accident. Att 4 PM. the Capt. of the Little
Privateer Came on Board of Us to know the Reason of the disturbance
between his people and Ours. Our Capt. told him the Reason and forbid
him to Carry that fellow away, for if he did he might Chance to hear
of him in the West Indies and if he did hee'd Go 100 Leagues to meet
him and hee'd take ten for one and Murroone[23] his Voyage and Send
him home to his Owners and Give his people a Good dressing, (I dont
doubt but he'll be as Good as his Word.) Opened a bb. of bread.
Thunder and Lightning with a Great deal of Rain.

[Footnote 23: Maroon.]

_Saturday 4th._ This morning about 5 AM. Came in a Ship from Marble
Head[24] who was bound to So. Carolina. she had lost her Main Mast,
Mizen Mast and fore top Mast. In the Latitude 35° she mett with a hard
Gale of Wind which Caused this dissaster so was obliged to put back
and Came to New York to Refitt. About 11 Clock the _Humming Bird_
weighd Anchor for Philadelphia to Gett hands. Att 4 PM. the Lieut.
with 2 Sergeants belonging to Capt. Riggs Comp.[25] Came on Board to
look for some Soldiers that was Suspected to be on board the _Humming
Bird_ but the Wind and Tide proving Contrary was obliged to return,
she laying att Coney Island. Att 6 Came in a Ship from Lisbon, had 7
weeks passage and a Sloop from Turks Island both Loaded with Salt. The
Ship Appearing to be a Lofty Vessell put Our people in a panetick fear
taking her for a 70 Gun Ship, And as we had severall deserters from
the Men a War they desired the Capt. to hoist a V reef in the Jack and
Lower Our penant for a Signal for Our pinnace that was then a shoare,
That if she proved to be a Man of War they might Gett ashoar and Gett
Clear from the press.[26] But it proved Quit the Contrary, for the
Ship and Sloops Crew taking Us by the Signal that we had made for Our
pinnace for a Tender of a Man of War that was Laying there to press
hands they Quited their Vessells and Run a Shoare as soon as they Saw
Our pinnace Mann'd and made for the bushes. Att night the Capt. Gave
the people a pale of punch to Recover them of their fright. Thunder
and lightning all this day.

[Footnote 24: Marblehead, Mass.]

[Footnote 25: Richard Riggs, brother-in-law of John Watts, was captain
of one of the two independent companies of fusiliers stationed at New
York.]

[Footnote 26: Press-gang.]

_Sunday 5th._ Att 5 AM. Shipt a hand Mathias Sallam. Our Mate went a
Shoar to fill Water. he Came on board about 8 and Informed us that the
two Country Sloops lay att the Hook and only waited for a pilott to
bring them up, which hope will prove True, being all Tyred of Staying
here. Att 2 PM. Weighd Anchor and Gott nearer in Shoar to Gett out of
the Current. Rainy Squally Windy Weather. here Lyes a Brigt. bound to
Newfoundland, a Ship to Jamaica and a Sloop which att 6 PM. weigh'd
Anchor bound to Barbadoes, Loaded with Lumber and horses. Opened a
bb. of beef and 1 tierce of Bread. This day being a Month Since we
left Our Commission port, have Sett down what Quantity of provisions
Expended, with the provisions att broch,[27] Viz. 9-1/2 bb. of beef, 1
bb. of pork, 14 bb. of Bread. Remains 49-1/2 bb. of beef, 29 bb. of
pork, 40 C. of bread.

[Footnote 27: "At broach" means, that had been opened.]

_Munday 6th._ About 6 AM. Came in the two Country Sloops so long
Waited for. they had been fitted out to Cruise after a Spanish
Privateer that was Cruising on the Coast and had taken Severall of Our
English Vessells, also a Ship from Newfoundland and the _Huming bird_
Privateer who had been to meet them to Gett some hands. Capt. Langoe
Comm'r of one of the above Sloops when he Came a longside of Us he
Gave us three Chears and we Returned him the same. The Capt. went up
to York to Gett a Doctor and some hands. One promist him to Give an
Answer the next day. Att 10 a hand Came on board to List but [went]
away without Signing. he promist to Return again his name was John
Webb.

_Tuesday 7th._ This morning the Capt. went up to York and at last
Agreed with a Doctor that belong'd to Capt. Cunningham,[28] Com'r of
one of the Privateer's Sloop that Came in the day before. his Name is
William Blake, a young Gentleman well Recomended by the Gen'n of York.
Att 6 PM. the Capt. Returned on board and brought with him a Chest of
Medicines, a Doctor's Box which Cost £20 York Cur[renc]y,[29] also 10
Pistolls and Cutlasses.

[Footnote 28: George Cunningham, whose commission was ordered May 8,
1741.]

[Footnote 29: The currencies of the different colonies were in great
confusion, on account of the various and extensive issues of paper
money, which was greatly depreciated in value. Apparently a pound in
New York currency was in 1741 worth about 2.25 Mexican silver dollars,
a pound in Rhode Island currency about .85 of a dollar. Douglass,
_Summary_ (Boston, 1749, 1750), I. 494, II. 255; Potter and Rider,
_Some Account of the Bills of Credit or Paper Money of Rhode Island_,
pp. 55, 162.]

_Wednesday 8th._ Cloudy Rainy Weather. The Mate went a shoar to fill
Water and the Mas'r when the Mate Returned went to Gett Wood. Gave the
people a pale of punch. Opened a bb. of Beef and a bb. of bread.

_Thursday 9th._ This morning put Our Vessell on the Carreen, Scrub
her and Gave her Boot tops.[30] Att 4 PM. Our pilott Came on Board.
the Capt. Orderd him to Attend on Saturday Morning for then he
intended to Sail. Gave the people a pale of punch.

[Footnote 30: After careening a vessel, and scrubbing off the ooze and
shells, etc., it was customary to coat the bottom with a mixture of
tallow, sulphur, etc. This was called "giving her boot-tops."]

_Friday 10th._ Att 9 AM. the Mas'r went in the Pinnace to York to
fetch the Lieut. and Doctors things. Att 2 PM. Came in 2 Sloops, Edwd.
Seymore and John Pasco, in Comp'y with a Brigt., James Walker Com'r,
all from Antigua 13 days passage but brings no News. Att 9 AM. Came on
Board the Mas'r with 4 New hands, John Webb, Jerem'h Henderson,
William Ramsey and Jos. the Negro Servant to the Lieut.

_Saturday 11._ About 8 AM. Mr. Vandam[31] Came on Board to take his
Leave of the Capt. he brought with him 2 pistolls and an Acct. of the
Doctors Chest and other things found for him which Amounts to £38.2.1
New York Currency,[32] which is Carry to Acct. Att 10 the Lieut. and
Doctor Came on board in the pilott boat with the hands that had Left
Us Since we Were at York only 3 which Viz. Webster, Price and Ferrows.
The tide being Spent cou'd not Sail but Resolv'd to Sail the next day.
The Lieut. went a Shoar to Gett some hands that had promist to Come on
board when we were Ready to Sail. When Mr. Vandam went from the Side
we Gave him three Guns and three Chears. Opened a bb. of Beef. Gave
the people A Bowl of punch.

[Footnote 31: This was probably Isaac van Dam, merchant, son of
President Rip van Dam. "Henderson," above, means Harriman.]

[Footnote 32: See the account below, and notes 29 and 33.]

_Sunday 12th._ The Lieut. with Severall hands that went ashoar the
Night before Came on board with Our Pilott. The Tide being almost
Spent coud not Sail. Att 4 PM. the Comp. Chose their Qr. Mr. Duncan
McKenley, a fitt person for that post. He wetted his Commission by
Giving the people a tub of punch. Opened 1 tierce of bread.

_Munday 13th._ Weigh'd from Stratton Island with 61 hands, Officers
Included. Anchord about 2 PM. att Sandy Hook. Wrote to Capt. Freebody
by the Capt. Order. Sent him a List of Our hands and an Acct. of Our
provisions and Charges together with the Lieut. name to Gett it
Registred in the Admiralty Office att Rhode Island. the Comp. QMr.
Quartered the people to the Guns, Viz. Qr. Deck and its Opposite 3
men, and to Every one and its opposite of the Deck Guns 4 hands. Gave
the Qr. Mas'r. an Acct. of the Charges which is to be paid by the
Comp'y as it is thus Stated Underneath, Viz.

_Drs._          _Sloop Revenge and Comp'y to the Owners_       _Cr._
-------------------------------+------------+----------------+------
Taken in Att Rhode Island      |            |               /|
   50 bb. of Beef      7.10    |  £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) Quartermaster
Vezian trebles the amount in New York currency to reduce it to that of
Rhode Island.]

_Tuesday 14th._ Weighed about 2 PM. from the Hook with the wind att
WSW with a fresh Gale and by Gods Leave and Under his protection bound
on Our Cruize against the proud Dons the Spaniards. the Capt. Ordered
the people a pale of punch to drink to a Good Voyage. Opened a bb. of
beef and tierce of Bread. the people was put to Allowance for the 1st
time, one lb. of Beef per man a day and 7 lb. of bread per week.

_Wednesday 15._ Att 3 PM. Sett our Shrouds up.[34] a Great Swelling
Sea. about 5 AM. Saw a Sail under Our Lee Bow about a League Dist. all
hands was Called upon Deck and Gott Ready to Receive her had she been
an Enemy. We fired one of our Bow Chases and brot. him too. she was a
Sloop from Nantuckett, Russell Mas'r. he said he had mett nothing
Since he had been out which was 11 days. Our people Returnd to their
Statu Quo, being all peacable Since they have Gott a Qr.Mr. to
Controul them. As they were all musterd, them that [had] no Arms they
Receiv'd some from the Owners, the Acct. of which is on the other Side
with an Acct. of how many shares on board and what the Owners draw.

[Footnote 34: Tightened them up.]

_List of the Men of the people On Board the Revenge._

_Names_             _Quality_         _Shares_

Benjn. Norton       Com'r.            2-1/2
Wm. Stone           Lieut.            1-1/2
Elisha Luther       Mas'r.            1-1/2
Peter Vezian        Capt. Qr. Mr.     1-1/4
Wm. Blake           Doctor            1-1/2
John Gillmore       Mate              1-1/4
James Avery         Boatswain         1-1/4
John Griffith       Gunner            1-1/4
Robert Little       Capt.             1-1/4
Duncan McKenley     Co. Qmr.[35]      1
James Ogleby        G. Mate[36]       1
John Waters         Sailor            1
James Barker         Do.              1
Alexr. Henry         Do.              1
Willm. Higgins       Do.              1
John Vander Hiden    Do.              1
Foelix Burn          Do.              1
Edwd. Webster        Do.              1
Tulip May            Do.              1
Jeremiah Harman      Do.              1
John Webb            Do.              1
Richd. Norton       Drumer            1
Ned Almy            Cook              1
John Holmes         Sailor              3/4
Gideon Potter        Do.                3/4
Thos. Colson         Do.                3/4
Benjn. Blanchey      Do.                3/4
Willm. Jackson       Do.                3/4
Barney M'Keneys      Do.                3/4
Joseph Frisle        Do.                3/4
Joseph Marshall     Sailor              3/4
Wm. Frisle           Do.                3/4
Timy. Northwood      Do.                3/4
Andrew Wharton       Do.                3/4
Evan Morgan          Do.                3/4
Saml. Kerby          Do.                3/4
John Brown           Do.                3/4
John Smith           Do.                3/4
James Magown         Do.                3/4
John Swan            Do.                3/4
Wm. Austin           Do.                3/4
John Wright          Do.                3/4
John Bennett         Do.                3/4
George Densey        Do.                3/4
Ephraim Read         Do.                3/4
John Taylor          Do.                3/4
Ralph Gouch          Do.                3/4
Peter McKickings     Do.                3/4
Humphry Walters      Do.                3/4
Quinton Sommerwood   Do.                3/4
Mattias Sollam       Do.                3/4
Flora Burn           Do.                3/4
Saml. Henderson      Do.                3/4
William Ramsey       Do.                3/4
Thos. Grigg          Do.                3/4
John Wyld            Do.                3/4
Saml. Bourdett       Do.                3/4
James Welch          Do.                3/4
John Gregory         Do.                3/4
Danl. Walker        Cook-Mate           3/4
                                     ------
                                     55
                                     ------

[Footnote 35: Company's quartermaster.]

[Footnote 36: Gunner's mate.]

Sum totall of the Shares[37]

Officers draws                    13-1/4
Men that have fitted themselves   14
Those fitted by the Owners        27-3/4
Owners for fitting Men             9-1/4
Sloop                             14
                                  ------
                          Totall  78-1/4
                                  ------

[Footnote 37: Of 78-1/4 shares, the nine officers were entitled to the
shares ("draws") indicated against their names above; fourteen sailors
who had "found" themselves are listed, as entitled to one share each;
thirty-seven others, outfitted by the owners, are assigned
three-fourths of a share each, the other fourths going to the
outfitters; fourteen shares were to go to the same, as owners of the
sloop. The prize act of 13 Geo. II. ch. 4 (1739), passed at the
beginning of this war, had provided that prizes captured by privateers
should after condemnation go entirely to the owners and officers and
crew of the privateer, in such proportions as should be specified in
their articles of agreement (see, _e.g._, doc. no. 202).]

The Lieuts. Man draws att the discretion of the Compy. The Compy.
devided in 7 Messes Viz.

Captain's Mess      7 Men
1 Mess             10
2 do.              11
3 do.              10
4 do.              10
5 do.              10
Cooks do.           3
                 ---- 61 hands.

_Thursday 16th._ These 24 hours very small breezes of wind and fair
Weather. att 6 PM. saw a top sail Vessell standing to Westward. The
Master per his Accot. finds that he is distant from York 238 miles.

_Friday 17th._ Very moderate Weather. The Capt. Lett the People have
Ozenbrigs[38] to make Frocks and trowsers as per Acct. Underwritten.
Alexr. Henry and James Magown Gave their Notes to the Capt. for £5
Cash they had of him when att Rhode Island.

[Footnote 38: Osnaburgs, a kind of coarse linen made originally at
Osnabrück 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. 7
Wm. Austin                  3                   13.6
Duncan McKenley             7                 1.11.6
Wm. Frisle                  6                 1. 7.
Danl. Walker                5                 1. 2.6
Thos. Colson                6                 1. 7.
Jos. Frisle                 6                 1. 7.
Jams. Avery                 6                 1. 7.
John Holmes                 6                 1. 7.
James Barker                2-1/2               11.3
Quinton Somerwood           6                 1. 7.
Saml. Kirby                 6                 1. 7.
John Wright. This Charged
  to the Compy.             6                 1. 7.
Benjn. Blanchy              6                 1. 7.
Andw. Wharton               6                 1. 7.
Jos. Marshall               6                 1. 7.
John Smith                  6                 1. 7.
Peter McKeneys              6                 1. 7.
Evan Morgon                 6                 1. 7.
John Brown                  6                 1. 7.
Mathias Sollen              2-1/2               11.3
James Ogleby                6                 1. 7.
John Vander Hiden           5                 1. 2.6
John Swan                   6                 1. 7.
George Dencey               6                 1. 7.
Barney McKeneys             6                 1. 7.
John Griffith               3                   13.6
Ralph Gouch                 6                 1. 7.
John Taylor                 6                 1. 7.
The Cabbin                  5                 1. 5.6
                                             ------- £37.5.6
                                                     -------
Sundrys, Dr. to the Owners for Cash, £14.10.

To Alexr. Henry      £5.     Benjn. Blanchey £0.18.
To James Magown       5.     Saml. Kerby      3.12.
                                             10.
                    ----                      ------- -------
                    £10.                              14.10.

_Saturday 18th._ Calm Weather. saw a Sail standing to the Westward.
Opened a bb. of Pork and Served the people 7 lb. per Mess. the
people had a pale of punch to drink their Wives and Sweethearts. the
Capt. took 5 yds. of Ozenbrigs for the Use of the Cabbin. Latitude per
Obs'n of the Mas'r 35:12.

_Sunday 19th._ Moderate Weather but Contrary Wind. Saw a top Sail
Vessell and a Sloop. bore down upon her but it Coming Calm coud not
Speak with her. Opened a bb. of Beef.

_Munday 20th._ Still Contrary Light breezes of wind. Saw the Sloop and
Brig about 5 PM. the Comp'y Qr. Masr. went down the Hole to head up
the bb. of beef that had been Opened the day before not being Sweet.
had the misfortune to fall in the Kettle and Scawlded his [_sic_]
prodigiously. Opened another bb. of beef in lieu of the former. began
to Caulk Our Decks being very Leakey.

_Tuesday 21._ Served the people three days allowance of bread. att 6
AM. the Capt. perceived that the Mast was Sprung. he blamed the Mate
and was very Angry with him and said it was his Neglect by Carrying
too much Sail the Night we left the Hook having then a Large Sea and
much Wind. made all things Ready to fish him.[39] Opened a tierce of
bread.

[Footnote 39: To fish a mast is to strengthen it by fastening a piece
along it lengthwise.]

_Wednesday 22d._ Fish Our Mast and made him as Strong as Ever. nothing
more Materiall these 24 hours. Still Calm Weather.

_Thursday 23d._ Struck our top-mast it being too heavy for Our mast
that was Sprung. Opened a tierce of bread and Served the people three
days allowance.

_Friday 24th._ Opened a bb. of beef. Rainy Squaly Weather. the Masr.
per his Observation finds that we are in the Latitude 32:35.

_Saturday 25th._ Small breezes of Wind for the most part of these 24
hours with Some Rain. the people had a pale of punch att night.

_Sunday 26._ Served the people 3 days allowance of bread. Calm
Weather.

_Munday 27th._ The Weather as above. nothing Remarkable Only Caught
two Dolphins out of a Great Scowl.[40]

[Footnote 40: School.]

_Tuesday 28th._ About 5 AM. Spyed a Sail Under Our Lee Bow. Bore down
on her and when in Gun Shott fired one of Our Bow Chase. she
Imediately Lowered all her Sails and went a Stern of Us. We Ordered
the Mas'r to send his Boat a Board which he did and Came with one
hand. Upon Examination We found that she was a Sloop belonging to some
of the Subjects of his Britanick Majestys and was taken by a Spanish
privateer bound out of St. Augustine to Cruize to the Northward to
Gett provisions. she had taken this Sloop off of Obricok[41] near No.
Carolina and when taken by Us was in the Latitude 31.59 no. Longitude
73.6 W. The Master when he Came a Board brought three Spanish papers
which he declared to be one a copy of his Commission, the 2d.
Instructions what Signal to make when arrived att St. Augustine where
she was bound to be Condemned and the 3d. Spanish paper was to lett
him know what Rout he was to Steer. We Sent Our Lieut. aboard who said
she was Loaded with Pork, Beans, Tarr, Live Hoggs, etc. and a Horse
and had on Board 2 Englishmen, The Mas'r who is a frenchman born but
turned Spaniard, 3 Spaniard Slaves and one Negro. Upon Examination
John Everigin,[41a] one of the prisoners, declared that he had been
taken some time in April last by Don Pedro Estrado[42] Capt. of the
Privateer that had taken this Sloop, and that he forced him to
List[43] with them and to pilott their Vessell on the Coast of N.
Carolina and that then they took this Sloop att Obricock, July 5th,
also 2 more Sloops and a Ship Loaded with Lumber bound to So.
Carolina, that the Capt. of the privateer put him on Board with the
french Master to Navigate the Vessell to Augustine with another
Englishman, Saml. Elderedge, and that they were making the best of
their way to that place. We Sent Our Master on board to fetch all the
papers and bring the prisoners as above mentioned. the papers are as
follows with some other things brought on board, Viz.

[Footnote 41: Ocracoke Inlet.]

[Footnote 41a: See note 62, below.]

[Footnote 42: Don Pedro de Estrada is mentioned as an exceptionally
able privateering captain, in 1742, by the captain-general of Cuba and
by the chief engineer at St. Augustine. _Collections_ of the Georgia
Historical Society, VII., pt. 3, pp. 29, 59, 61-63. Wright,
_Oglethorpe_, p. 283, speaks of his vessel as "a notorious privateer
called the 'Black Sloop', commanded by Destrade, a French officer who
had taken several prizes."]

[Footnote 43: Enlist.]

No. 1. Copy of the Spanish Commission.
    2. Instructions what Signall to Make att St. Aug'ne.
    3. What Rout to Steer.
    4. 2 Spanish Letters.
    5. On Order of Richd. Saunderson.
    6. Rec'd of Rich'd Glover.
    7. do. of Walter Goodmans.
    8. do. of Phillip Morris.
    9. Order of Jno. Donavan.
   10. Peter Saunders Note of hand.
   11. Deed of Sale of the _Content_ to Thos. Haddaway.
   12. A Note of hand.
   13. Recd. of Rich'd Glover.
   14. Deed of Sale of a Canoe.
   15. Deputation of John Casey to Capt. St. Leidgen to be Rainger.
   16. A Note of hand.
   17. James Addison, Order.
   18. Rec'd for a Hatt.
   19. Deed of Sale of the Scho'r _Eliz'h_.
   20. Protest[44] of a Wreck.
   20 small pieces of silver Value 2 pc. of 8/8[45] and 1/2 a bitt.
    1 Silver Thimble.          1 Silver Spoon markt IO
                                                    SO
    4 Hoggs.                   A Womans Gown, petticoat, Shift, etc.
    1 Turkey.                  Linen Corsett, some fish hooks, tobacco,
                               Books, horn of powder, etc.

[Footnote 44: See doc. no. 136.]

[Footnote 45: Pieces of eight (_i.e._, eight reals), Spanish dollars.
A bit was a real.]

Att 11 AM. Sent Jeremiah Harman and John Webb with four hands to take
Care of the prize, the first to be Mas'r and the other Mate, and
Humphry Walters, Saml. Bourdett, John Wyld and the Negro taken in the
prize as Marriners. The Capt. gave them, Mas'r and Mate, the following
Orders. Viz.

     On Board the _Revenge_ July 20th, 1741.

     You Jeremiah Harman being Appointed Mas'r and You John Webb
     Mate of a Sloop taken by a Spanish Privateer some time ago
     belonging to some of the Subjects of his Britanick Majesty
     and Retaken by me by Virtue of a Commission Granted to me By
     the Hon'ble Richard Ward Esqr. Govr. in Chief over Rhode
     Island and providence plantation etc. In New England. I Order
     that You keep Company with my Sloop the _Revenge_ as long as
     Weather will permit and if by the providence of God, that by
     Stormy Weather or some unforeseen Accident we should part, I
     then Order You to proceed directly to the Island of
     providence, One of the Bahamia Islands, and there to wait my
     Arrivall, And not to Embezzle diminish Waste Sell or Unload
     any part of her Cargo till I am there present, Under the
     penalty of the Articles Already Signed by You. Att Your
     Arrivall att providence make a Just Report to his Hon'r the
     Gov'r of that place of the Sloop's Cargo and what on Board
     and how we Came by her. I am

     Yrs.

     B. NORTON

     To Jeremiah Harman Mas'r
       and John Webb Mate.
         For Signal hoist Your Dutch Jack att mast head.
           if we hoist first You Answer Us and do not
           keep it up Long.

_Wednesday 29th._ About 4 PM. Saw a Sloop. Gave Chase but the Weather
being Calm was forced to Gett out Our Oars. fired our Bow Chase to
bring her too, but we tacking about and the people in Confusion, Night
Coming on, it being very Foggy, Coud not Speak to her. by her Course
she was bound to the Northw'd. Lost Sight of Our prize. The two
Englishman that were taken prisoners By the Spanish privateer Signed
Our Articles, their Names John Evergin and Sam'l Elderidge.

_Thursday 30th._ Nothing Remarkable these 24 hours. Att 5 AM. Saw a
Sloop standing to the Northward and another a Stern of Us. bore down
to the Latter and made Our Signal agreed on. found her to be Our
prize. Opened a bb. of beef and 1 tierce of bread. the two Men that
had signed the day before had Arms Given them.

_Friday 31t._ Calm weather these 24 hours. Our prize Sent his boat on
board of Us for bread and Water. Killed the other 2 hogs we had taken
on board. drew 2 Copys of the Capt's. Commission.

_Saturday Aug'st 1st._ The prize still alongside of Us. Ordered the
Master to Send Us 2 hogs for the Sloops Use, Also the Negro prisoner,
having been Informed that he was Capt. of a Comp'y of Indians,
Mollattos and Negroes that was att the Retaking of the Fort att St.
Augus'ne formerly taken Under the Command of that worthlest
G----O----pe who by his treachory Suffered so many brave fellows to be
mangled by those barbarians.[46] the Negro went Under the Name of
Signior Capitano Francisco. Sent one of the Mollatto's in his Room on
board the prize. Gave the people a pale of punch.

[Footnote 46: The reference is to Gen. James Oglethorpe, and to the
recapture of Fort Moosa by the garrison of St. Augustine, June 15,
1740, during his unsuccessful siege of that town.]

_Sunday 2d._ Att 1 PM. We Examined the Negro who franckly owned that
he was Capt. of a Comp'y as aforesaid and that his Commission was on
board the privateer, that he went privatter'g in hopes of Getting to
the Avanah[47] and that there he might Gett a passage for to Go to old
Spain to Gett the Reward of his brave Actions. We then askt him if it
was his Comp'y that had used the English so barbarously when taken att
the Fort. he denyed that it was his Comp'y but laid that Cruel Action
to the Florida Indians and nothing more Coud we Gett out of him. We
then tyed him to a Gun and made the Doctor Come with Instruments
Seemingly to Castrate him as they had Served the English, thinking by
that means to Gett some Confession out of him, but he still denyed it.
we then tyed a Molatto one that was taken with him to know if he knew
anything about the Matter. We Gave him a dozen of Stripes and he
declared that he knew nothing more than his being Capt. of a Comp'y
att that time but that the other fellow on board the Sloop knew all
about it. We Sent to him and he declared the wholle truth that it was
the Florida Indians that had Committed the fact Under his Comand, but
knew not if he was Consenting to it. However to make Sure and to make
him Remember that he bore such a Commission we Gave him 200 Lashes and
then pickled him and left him to the Doctor to take Care of his Sore
A-se. Opened a tierce of bread, and killed the 2 hogs.

[Footnote 47: Havana.]

_Munday 3d._ Small breeze of Wind. About 10 Saw a Schooner Standing to
No'ward. Gave her Chase.

_Tuesday 4th._ A Fine breeze of Wind. Still in Chase of the Schooner.
Att 5 PM. Gave her a Gun in hopes to bring her too, to know who she
was, but she did not mind it neither hoisted any Colours. she bore
down upon Us, then takt and bore away. We fired 10 Shott but all did
not Signify for she hug'd her Wind[48] and it Growing dark and having
a Good pair of heels we lost Sight of her. We imagined it was a
No'ward Schooner both by her built and Course, But lett her be what
she will she had a brave fellow for a Com'r. Opened a bb. of pork. In
chaseing Lost Sight of Our prize.

[Footnote 48: Steered close up to the wind.]

_Wednesday 5th._ Fine Breeze of Wind. The Man att Mast head about 2
PM. Spyed 5 Sail of Vessells Steering to the Westward. Gave them Chase
till 1 AM. and overtook them about 2. we coud observe them att a Great
distance to Load[49] of us. Lay too till 4, then begun the Chase
again, they having Gott almost out of Sight. Killed 2 Geese and a Cock
which we had out of the prize. Opened a tierce of bread. Provisions
Expended from June the 5 till July the 5, being one month, 6 bbs. of
beef, 2 bbs. of pork, 1 bb. of bread and 6 tierces of bread.

[Footnote 49: Leeward.]

_Thursday 6th._ Still in Chase of the 5 Vessells. Sett our Spritsail,
Topsail and Square Sail with a fine Breeze of Wind. About 11 AM. One
of Ships brought too and fired a Gun to wait for a Sloop that was in
Comp'y with her, and to wait for Us. We took in all Our Small Sails
and bore down to her and hoisted Our penant. When alongside of her
she fired 6 Shot att Us but did Us no damage, We still Hedging upon
her and Gave her Our broadside and then stood off. The Sloop tackt
imediatly and bore down upon Us in hopes to Gett Us between the Ships,
As We Suppose to peper Us, Att the Sight of Which We Gave them three
Chears. Our people all Agreed in General to fight them and told the
Capt. if heed venture his Sloop they'd Venture their Lives, but the
Capt. Seemed Unwilling and Gave for Reason that the prizes of which he
was in possession of woud be of little profitt if taken by Us for we
coud only Come in for a share w'ch woud be allow'd Us by the Court,
and that perhaps woud not make Good a Limb if it was Lost, also that
We had not hands Sufficient to Man them, and to bring those Vessells
to providence. no one was able to buy any part of them and to Carry
them to the No'ward woud be the breaking up of the Voyage without
profitt. Nevertheless We Lett the Sloop Come alongside Us and Received
her Shott. We Gave her a broadside and a Volley of Small Arms with
three Huzas, then bore down to the Ship, who all this time had been
pelting Us with her Shot but to no purpose, and Gave her another broad
Side which did her some damage, for she bore down to the Sloop and
never fired one more Shott, but Gott her on the Careen and men over
the Side to Stop her holes, also Severall hands att her Rigging to
mend it, her Sails being full of Shott holes, as also those of the
Sloop. All the damage we Gott was One Shott through Our Main Sail. The
Ship mounted 6 Guns of a Side and the Sloop 8. She was a Spanish
privateer that had been Cruizing to the No'ward and had taken 5 Ships
and that Sloop which We took some time before.[50] It Grieved Us to
think that that felow shoud Go off with those prizes which he woud not
have done had the Capt. been as willing as We. This battle was fought
in the Latitude 29.26, Longt. 74:30 W. but no blood Shed on Our Side.

[Footnote 50: This is apparently the same Spanish privateer from St.
Augustine of whose doings in just these days an account is given in
the _Journal_ of William Stephens, secretary of Georgia (_Colonial
Records of Georgia_, Suppl. to vol. IV., pp. 225-228), and which
Oglethorpe chased into St. Augustine a few days later (Wright,
_Oglethorpe_, pp. 283-284).]

_Friday 7th._ Fine breeze of Wind. about 9 AM. Saw the Land. it was
No'most part of Abbaco Keys.[51] tackt to Gett Clear of the Breackers.

[Footnote 51: The northernmost of the Bahamas.]

_Saturday 8th._ These 24 hours turning to Windward to Gett Clear of
the above Keys. att 6 PM. Opened a bb. of Beef and a tierce of bread.
the people had a pale of punch.

_Sunday 9th._ Still turning to Windward. About 8 AM. Gott Clear of the
Keys. Caught Severall Baracowdas.[52]

[Footnote 52: Barracudas, fish six or eight or ten feet long.]

_Munday 10th._ Fine breeze of Wind att NW. with a large Sea. att 5 AM.
Saw Hog Island[53] and the Island of providence. att 8 a pilott boat
Come off having fired a Gun and Lay too for one to pilott Us in.
Jeremiah Harman Mas'r of Our prize Came also off. he Arrived the day
before att 9. Came by the Rose Man of Warr stationed here. we Saluted
her with Seven Guns and she Returned Us five. We Run aGround and lay
some time off of Major Stewarts House. The Man of War Send is [sent
his] boat to Cary out an Anchor for Us, so We Gott off. The Capt. Went
ashoar to wait on his Excellency[54] and send the pinnace off for the
prisoners, who Imediatly were put in Jail. Our prize sent Us two Hogs
which we Imediatly Killed.

[Footnote 53: A small island of the Bahamas, which forms the north
side of the harbor of New Providence or Nassau.]

[Footnote 54: John Tinker, governor 1740-1758. He came out in the
_Rose_, Capt. Thomas Frankland, along with Peter Henry Bruce, the
military engineer, and arrived at New Providence Apr. 21, 1741.
According to Bruce, he had previously been factor to the South Sea
Company at Panama, and governor of Cape Coast in Guinea for the Royal
African Company. Major Stewart, mentioned just above, was William
Stewart, a member of the colonial council and major of the militia.
_Memoirs of Peter Henry Bruce_, pp. 375, 385, 386, 395. _Journal of
the Assembly of the Bahamas_, 1741, _passim_.]

_Tuesday 11th._ This day begun to Unload our prize. made a present to
the Governour of Our Horse and Deer. Landed 138 bbs. of provisions,
pitch and tarr.

_Wednesday 12th._ Begun to Unload the Corn and sent it ashoar to a
Store hired for that purpose. Mr. Moon appointed Agent for the
Owners.[55] Opened a bb. of pork.

[Footnote 55: "William Moone, who came from London in the storeship
with the recruits." Bruce, pp. 386, 410-412, 417-420.]

_Thursday 13th._ Landed all our Corn and made a Clear hole of the
prize. att 9 PM. it begun to thunder and Lighting very hard. Our Sloop
Received great damage by a thunder bolt that struckt our Mast and
Shivered it very much, tore a large peice off of the hounds and as it
fell tore up the bitts[56] and broke in the hatchway, burst through
both our Sides, and Started the plancks under her whale,[57] melting
several Cutlashes, pistolls, and fired off several Small Arms, the
bullets of which stuck in her beam. It was some time before we
perceived that she Leakd, being all thunder Struck, the Master
stepping over the Side to Examine her put his foot on a planck that
was Started on the Larboard side, and all this time the water was
pouring it [in]. we Immediatly brought all Our Guns on the Starboard
Side to Give her a heel and Sent the boat ashoar for Our Doctor, a Man
being hurt by the Lighting, Wm. Jackson. when we Gott her on a heel we
tryed the pumps, not being able to do it before, for our Carefull
Carpenter had ne'er a pump-box Rigg'd nor fitt to work so had it not
been for the Kind assistance of the Man of warr's people, who hearing
of Our misfortune ashoar Came immediatly off and put Our Guns on board
the prize, we must Certainly have Sunk, most of Our hands being
ashoar. This day James Avery Our Boatswain was turned out for neglect
of duty and Ralph Gouch put in his Room.

[Footnote 56: Hounds were projections at the masthead, supporting the
rigging. Bitts were posts on the deck, for purposes of belaying.]

[Footnote 57: Gunwale.]

_Friday 14._ This Morning Came on board Capt. Frankland and Lieut.
Stewart[58] to see the misfortune we had Suffered the Night before. he
Offered his Assistance in all he Cou'd and Spared Us his Carpenter who
view'd the Mast and said he thought he coud make it do again. The
Capt. hearing of a peice of timber for his purpose waited on his
Excellency to desire him to lay his Command on Mr. Jno. Thompson[59]
to Spare it him. He sent Mr. Scott, Judge of the Admiralty, to Go and
Gett it in his name, promising to make it Good to him in Case of any
trouble, the peice not being is [his]. Unloaded all Our provisions and
put them on board the prize to Gett Ready for the Carpenters to Repair
Our Sloop.

[Footnote 58: Capt. Thomas Frankland (afterward Adm. Sir Thomas
Frankland) commanded the _Rose_, 20, on the Bahamas station from 1741
to 1745. He was a descendant of Oliver Cromwell, and a younger brother
of Sir Harry Frankland, on whom see note 65. He married Sarah Rhett,
of South Carolina, a granddaughter of Chief-justice Nicholas Trott
(see doc. no. 106, note 3). Lieutenant Stewart was the Major Stewart
of note 54, second lieutenant in the independent royal company and
major of the militia. Bruce, pp. 386, 394, 400-402, 431-432.]

[Footnote 59: John Thompson of Harbour Island was a member of the
council. James Scott was speaker of the assembly, judge of the
admiralty court and at times chief justice. _Journal of the Assembly
of the Bahamas_, 1741, pp. 1, 2, 8, 18, 24; Bruce, pp. 395, 417.]

_Saturday 15th._ The Comp'y Q Mr. and mySelf were Examined with John
Evergin and Saml. Elderidge the two English prisoners Concerning the
prize. a Court was Called att 4 oClock PM. they Read Capt. Nortons
petition and appointed an Agent for the Owners, so Adjourned till
Munday 10 of the Clock AM.

_Sunday 16th._ All hands att Rest. few Godly inclin'd, it being the
Lords day.

_Munday 17th._ The Court mett According to Adjournment. Examind Juan
Baptista Domas concerning the freedom of the prisoners. took his
depos'on in writing. all the Evidences [and] deposition were read in
Court, Sworn too and Signed, then the Court Adjourned till Wednesday
10 of the Clock. no Lawyers in the place, the only blessing that God
coud bestow on such a Litigious people.

_Tuesday 18th._ We Gott out Our mast and Sent it ashoar to Gett it
fisht and make it fitt for the Cruize.

_Wednesday 19._ Att 10 AM. the Court being opened and the Libell Read
I beg'd Leave of his Honour to be heard, which being Granted I spoke
as follows.

     May it please Your Honr.

     As there is no Advocate appointed by this Hon'ble Court too
     Appear in behalf of the Captures[60] of a Sloop that was
     taken by Don Pedro Estrado July the 5th, belonging to some
     of his Majestys Subjects of Great Britain or Ireland, and
     Retaken by Capt. Benj'n Norton and Comp'y in a private Sloop
     of War Called the _Revenge_ July the 28th, and brought into
     this Court for Condemnation, As Capt. QMr. I appear in
     behalf of the Owners, Capt. and Comp'y to prove that the
     said Sloop and Cargo togather with the three Mollattos and
     one Negro, all Slaves belonging to some of the Vessells or
     Subjects of the King of Spain, ought to be Condemned for the
     benefit and Use of the Captures as aforesd.

     [Footnote 60: Captors.]

     I'm Certain I'm Undertaking a taske no ways Qualifyed for
     it, But as I have Leave to speak in a Court instituted by
     the Laws of England and before a Judge whom Im Certain is
     Endued with the strictest Honour and Justice I dont doubt
     that if through Ignorance I shoud omit any proof that woud
     be of advantage to Us Your Honour will be so Good as to Aid
     and Assist me in it.

     It will be needless, I believe, S'r, to bring any further
     proof than what has been already bro't and Sworn too in
     Court to prove the Right and power we had in Seizing this
     Sloop and Cargo on the high Seas and bringing of her here
     for Condemnation. There is a Late Act of parliament made in
     the 12 y'r of his present Majestys Reign,[61] wherein it
     says that all Vessells belonging to his Majestys Subjects of
     Great Britain or Irel'd that shall be taken by the Ennemy
     and have been in their possession the Space of 96 hours if
     Retaken by any private man of War the Captures shall be
     Intituled to the one half for Salvage free from all Charges.
     As this [h]as been fully proved in Court that the time the
     Ennemy [h]as had her in possession is above 96 hours I dont
     doubt but the one half free of all Charges will be allotted
     Us for Salvage.

     [Footnote 61: Not 12, but 13 Geo. II., ch. 4, sect. 18. The
     recaptors were entitled to one-eighth for salvage if the
     vessel had been in enemy possession 24 hours, a fifth if
     24-48 hours, a third if 48-96, a half if 96.]

     The thing in dispute is the three Mollatos and one Negro,
     all Slaves taken on board the prize, said to belong to some
     of Vassalls or Subjects of the King of Spain and is by this
     Court put to Us too prove they are so, which hope to do by
     some Circumstances and the Insufficiency of the Evidence in
     their favour which amounts to nothing more than hearsay.

     The first Evidence in their favour is that of John Evergin,
     a Native of No.Carolina,[62] who professes himself to be a
     Child of the Spirit, who for the Value of a Share in April
     last having been taken prisoner by the said Don Pedro
     Estrado and brought to St. Augustine did Consent to pillott
     them in the Bowells of his Native Country and betrayed them
     to that Cruel and Barbarous Nation. Can Your Honour Confide
     in a Man who has betrayed his Countrymen, Robbed them of
     their Lives and also what are dearer to them their Liberty,
     One who has Exposed his Bretheren to Eminent Dangers and
     Reduced them and their familys to Extream wants by fire and
     Sword? Can the Evidence, I say, of so vile a Wretch who has
     forfeited his Leige to his King by Entring in the Ennemys
     Service, and unnaturally sold his Countrymen, be of any
     weight in a Court of Justice? No, Im Certain, and I hope it
     will meet with None to prove that these Slaves are freemen
     for all that he as [has] said as he owns was only but
     hearsay. The other Evidence is of a Villain of another Stamp
     a French Runnagado, Juan Baptist Domas. his Evidence is so
     Contrary to the Questions askt Francisco and Aug'ne that I
     hope it will meet with the same fate as the first deserves
     not to be Regarded. I'll own he has sworn to it, but how? On
     a peice of a Stick made in the shape of a thing they name a
     Cross, Said to be blest and Sanctyfyed by the poluted words
     and hands of a wretched priest, a Spawn of the whore of
     Babylon, who is a Monster of Nature and a Servant to the
     Devill, Who for a Riall will pretend to absolve them from
     perjury, Incest and parricide, and Cannonize them for
     Cruelties Committed to we Herreticks, as they stile us, and
     Even Rank them in the Number of those Cursed Saints who by
     their Barbarity have Rendered their Names Immortall and
     Odious to all true Beleivers. tis by such Devills they Swear
     and to them they pray. Can then Your Hon'r Give Credit to
     such Evidence, who no doubt they had agreed between them
     that he should swear they were free, which he might Easily
     do, for no Question but they told him so: and to swear it
     was but a trifle when absolution Can be Gott so cheap. It
     does not stand to Reason that Slaves who are in hopes of
     Getting their freedom wou'd own they are so. Does not their
     Complextion and features tell all the world that they are of
     the blood of Negroes and have suckt Slavery and Cruelty from
     their Infancy? Can any one think when we Call to mind that
     barbarous Action Committed to his Majestys Brave Subjects
     att the Retaken of the fort att St. Augustine, Occasioned by
     the treachery of their Vile Gen'l who Sacrificed them to
     that Barbarous Colour, that it was done by any that had the
     Least drop of blood Either of Liberty or Christianity in
     them? No, Im Confident Your Hon'r cant think so, No not Even
     of their Gov'r under whose vile Commission this was Suffered
     to be done and went unpunisht Headed by this Francisco that
     Cursed Seed of Cain, Curst from the foundation of the world,
     who has the Impudence to Come into Court and plead that he
     is free. Slavery is too Good for such a Savage, nay all the
     Cruelty invented by man will never make amends for so vile a
     proceeding and if I may be allowed to Speak freely, with
     Submission, the torments of the world to Come will not
     Suffice. God forgive me if I Judge Unjustly. What a
     miserable State must a Man be in who is Under the
     Jurisdiction of that vile and Cruel Colour. I pity my poor
     fellow Creatures, whom many have been made prisoners this
     War and some lately that have been sent to the Avanah, and
     all by the treachery of that vile fellow John Evergin who
     says he's posse'd with the Spirit of the Inward man but was
     possessed with the Spirit of Belzebub when he pillotted the
     Cursed Spaniards over the barr of Obricock as it has been
     proved in Court.

     [Footnote 62: John Everigin is recorded as a Quaker, in the
     roll of Capt. Benjamin Palmer's company of the militia
     regiment of Pasquotank County, North Carolina, in 1755.
     _N.C. State Records_, XXII. 350.]

     I dont doubt but this Tragical Act Acted att St. Augustine
     has Reacht home before now. This Case may perhaps travell as
     farr. when they'l Remember the Sufferings of their
     Countrymen Under the Command of this Francisco whom we have
     Gott in possession with some of his Comp'y who were
     Concern'd with him and Under his Command in that inhuman
     fact they will agree no doubt, as I hope Your Honour will,
     that they must be Slaves and no others Concern'd in it, So
     hope that by the Contradictions which has been shewn in
     Court Concerning this Juan Baptista Domas, who affirms he
     never saw them till on board the privateer, and Francisco
     and Aug'ne both woud prove that they knew him some months
     before and Converst with him, is proof Enough they are
     Slaves and hope that by the old Law of Nations, where it
     Says that all prisoners of War, nay Even their posterity are
     Slaves, that by that Law Pedro Sancho and And'w Estavie will
     be decreed as Such for the Use of the Captures. So shall
     Rest it with your Hon'r.

Then the Judge Gave his Decree that the Sloop and Cargo shoud be sold
att Vandue and the one half thereof shoud be p'd the Captures for
Salvage, free from all Charges, that Juan Baptisto Domas, Pedro Sanche
and And'w Estavie, According to the Laws of England shoud Remain as
prisoners of War till Ransomed, And that Augustine and Francisco
according to the Laws of the plantations shoud be Slaves and for the
use of the Captures. So the Court broke up.

_Thursday 20th._ Opened a bb. of beef. This day the Vandue begun. Sold
46 bbs. of pork, 29 bb. of Beef and 110 bus. of Corn, then Adjourn'd
it till the next day att 8 of the Clock.

_Friday 21._ This day made an End of Selling the Cargo of the prize.
Sold 55 bus. of corn, 41 bbs. of pork, 6 bb. of beef, 13 bbs. of Tarr,
11 bbs. of pitch, 4 bbs. of Oyle. then Sett up Seignior Capt.
Fransisco Under the Name of Don Blass who was Sold to Mr. Stone for 34
ps. 8. In the height of Our Sail some of the Soldiers Stole a bb. of
pork but was found out before it was all Expended so that one half was
Returned which makes the half bb. as per Acct. of Sales. Viz. Pork and
beef very much damnifyed.

       *       *       *       *       *

_An Account of a prize taken by Capt. Benj. Norton in the Sloop
Revenge and Sold att Publick Vandue att New Providence, the 20th and
21st day's of Aug'st 1741. P'r Wm. Moon, Vandue Master, Viz,_...[63]

Abstract of the Vandue. Viz.

1st day.    Corn, 105 buss.    Ps. 8/8     397:4            Ps. 8/8 R.
            Beef, 29 bbs.                  126:
            Pork, 46 bbs.                  265:4               789:0
                                          ---------
2d day.     Corn, 55 buss.                 43:5-1/2
            Beef, 6 barrs.                 23:
            Pork, 40-1/2 do.              250:2
            Oyle, 4 bbs.                   37:0-1/2
            Tarr, 13 do.                   23:5
            Pitch, 16 do.                  16:
            Staves, 1500                    4:7                398:4
                                          ---------
3d day.     Sloop and Furniture[64]       325:
            Pitch, 9 bb.                   14:3                339:3
                                          ---------           ------
Corn 160 buss., beef 35 bbs., pork 86-1/2 bs., Staves }
1500, tar 13, pitch 20 bbs., Oyle 4 bb., Sloop and    } total 1526:7
furniture                                             }

       *       *       *       *       *

_Dr._     _William Moon Esqr. to the Owners of the Revenge_    _Cr._

To the one half of the prize                                   Ps. 8/8 R.
  bro't into providence and        By Benja. Norton for 2 bbs.
  condemned by a Court of            of pork bo't att Vandue     12:4
  Vice Admiralty Amount'g          By Sundries bo't by Your
  in all to 1526 Ps. 8/8,            people att ditto            14:
  7 R., the one half for           By Cash paid Att twice       100:
  Salvage is     Ps. 8/8    763:3  By ditto another time         40:2
                                   By An Order on Capt.
                                     Frankland for              596:5
                            -----                               -----
1st prize.       Ps. 8/8    763:3               Ps. 8/          763:3
                            -----                               -----

[Footnote 63: Here follows a long account, the monotonous details of
which may properly be omitted. It records the sale, to nearly sixty
different purchasers, of the goods indicated in the abstract which
ensues. In this abstract, the amounts are given in pieces of eight and
reals; these were at that time the currency of the Bahamas.]

[Footnote 64: Bought by Captain Frankland.]

       *       *       *       *       *

_Saturday 22d._ Nothing Remarkable these 24 hours. Capt. Barrett Saild
in a Schooner for So. Carolina. wrote a Letter by him, Inclosd to
Messrs. Steed, Evance and Comp'y, Under Cover to Mr. Henry Collins for
Safety to Inform him of Our misfortune that happened by the thunder.

_Sunday 23d._ All peace and Quietness.

_Munday 24._ The Carpenters finisht the Mast. Gott it aboard and hove
down one Side and paid it with tallow.

_Tuesday 25._ Hove down the other Side and paid her. Gott all Our
ballast in and Some of the provisions, also all the Rigging Over head.

_Wednesday 26._ Still taking in Our provisions and Water and making
Ready to Sail.

_Thursday 27._ Gott all Our Sails and powder from on Shoar. took an
Inventory of the prizes Rigging and furniture, she being to be sold on
Saturday next. Capt. Frankland Came on board to View her Intending I
believe to buy her.

_Friday 28._ Nothing Remarkable these 24 hours. the Capt. discharged
three of his hands for Reasons best known to himself, being Resolved
that they shou'd not proceed the Voyage with, Viz. Webster and Gregory
shipt att New York and Wright from Rhode Island. opened 2 bbs. of
flowr.

_Saturday 29._ This day the Sloop and furniture was Sold and bought by
Capt. Frankland, also 9 bbs. of pitch that was left unsold as per
Acct. of Sales. Opened a bb. of beef.

_Sunday 30th._ This morning waited on Mr. Moon the Vandue Master and
Settled the Acct. which is Stated on the other Side.

_Munday 31st._ The Capt. Settled with Every Body Indending to Sail
toMorrow. took bills of Exchg. of Capt. Frankland on his Brother
Messrs. Frankland and Lightfoot,[65] Merch'ts in Boston and Endorsed
by the Comp'y Qr. Mr. for £540 New England Currancy. the first bill
he Sent to Capt. Freebody by Capt. Green bound to Boston in the prize
with a Letter which is As follows:

     NEW PROVIDENCE August 31st 1741

     _S'r_

     This waits on You with a bill of Exchg. Inclosed drawn by
     Capt. Thomas Frankland on his Brother Messrs. Henry
     Frankland and Lightfoot, Merch'ts in Boston for £540 NE
     Cur'y, being part of the prize taken by Us and Sold att
     publick Vandue, the Sale of which Amounts to 763 Ps. 8/8
     which was the half we Received for Salvage, the Vessell
     belonging to some of his Majesty's Subjects of Great Britain
     or Ireland, besides one Negro Man Fransisco by Name who was
     one of the Capts. belonging to that Comp'y of Negros and
     Mollattos that used the English so barbarously att the
     retaken of the fort att St. Aug'ne, also a Mollatto named
     Aug'ne. The other two taken by us were Cleared and Remain
     still prisoners of War. We have Sold the old Negro Capt. for
     34 ps. 8/8 which is to be Added to the above half. the
     Mollatto we have still on board.

     I dont doubt by [now?] you've Received mine by the way of
     the way of So. Car. Inclosed in a Letter to Mr. Henry
     Collins in which I Acquainted You of an Unfortunate
     Accident, that happened to Us by thunder having Split Our
     Mast and broke through both our Sides and shoud infallibly
     have Sunk had it not been for the Kind Assistance of Capt.
     Franklands men Com'r of the _Rose_ Man of War. The damage
     that will Accrue thereon will amount att Least to 100 Ps.
     8/8.

     We Gott our mast fisht and are in hopes it will Serve our
     Cruize, having Gott all things ready to Sail we Intend it in
     a day or two, And am with my kind Services to all friends

     Your very hum'le Serv't.

     B.N.

     To John Freebody:

[Footnote 65: (Charles) Henry Frankland, afterward Sir Harry
Frankland, and celebrated under that name because of the romantic
story of Agnes Surriage, recounted in Dr. Holmes's poem, _Agnes_. An
elder brother of Capt. Thomas Frankland, he had come to Boston in the
spring of this year as collector of the port, and soon became one of
the most picturesque magnates of the place. Nason, _Sir Charles Henry
Frankland_, pp. 9-29. His associate was Robert Lightfoot, a prominent
merchant. _Pubs. Col. Soc. Mass._, VII. 91.]

_Tuesday 1st._ The Lieut. and Mr. Stone went this morning to the
Westward to Gett a pilott and brought one with him but how he'll
prove the Lord knows, the wind Coming to the W'ward differed[66]
Sailing this day.

[Footnote 66: Deferred.]

_Dr._     _The Comp'y of the Sloop Revenge to the Owners_      _Cr._

To her first Outsett                 By Cash Recd of Mr.
  Brot. from folio 9      1698. 6.3    Moon                    137. 5.
To Sugr. 108 at providence   7. 4.   By a bill of Exchge. for  540.
                                     By cash pd by the 62 M.     8. 2.
To Rum 48 Ga. at do.        32. 8.   By a bb. of tarr.           2.14.
To Cash pd. Stowe           19.11.6  By 3 mens Share of the
To prison fees for Nego.               provisions Expended      16. 4.9
  and M.[67]                 4.19.   By Ballce. due P Compy.
To Jno. Wright frock                                          1072.11.
  and trowsers               1. 7.
To the Storedge of the
  provce.                    7. 4.
To a bb. pork                5.17.
                         ----------                          ----------
                         £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 pilott
on board, Capt. Richd. Thompson.[68] The Man of War's barge with their
Lieut. Came on board to Search Our hole to See we did not Carry any of
his hands with Us. Saw a Sloop Coming in but did not Speak with her.
Shipt Seven hands, Viz. James Jennings, Jno. Arnold, Nath'll Gwinn,
Richd. Righton, James Hayes, Thos. Fryer and Saml. Nixon. Every body
in their Statu Quo. the Capt. Ordered them some punch to drink to
their Wives and Misstresses they had left a shoare.

[Footnote 68: Brother of John Thompson the councillor, mentioned
above. Bruce, p. 418.]

_Thursday 3d._ Fine Moderate Weather, att 10 AM. had a Vandue att the
Mast of the plunder taken in the prize which was Sold to the Value of
50 Ps. 8/8 and 2 Rials.

       *       *       *       *       *

List of the People on Board the Revenge.

---------------+-------+------++------------------+-------+------
Names          |Quality|Shares||Names             |Quality|Shares
---------------+-------+------++------------------+-------+------
Benj'n Norton  |Com'r. | 2-1/2||Brought Over      |       |36-1/2
Wm. Stone      |Lieut. | 1-1/2||Thos. Colson      |Mar'r. |   3/4
Elisha Luther  |Mas'r. | 1-1/2||Wm. Ramsey        | do.   |   3/4
Peter Vezian   |Cap.   | 1-1/4||Jno. Taylor       | do.   |   3/4
               | QM.          ||Math'as Sollom    | do.   |   3/4
Wm. Blake      |Doctor | 1-1/2||Thos. Grigg       | do.   |   3/4
Ralph Gouch    |Boats'n| 1-1/4||Benj'n Blanchard  | do.   |   3/4
Jno. Griffith  |Gun'r  | 1-1/4||Bryan McKeneys    | do.   |   3/4
Jno. Gillmore  | Mate  | 1-1/4||Joseph Frisle     | do.   |   3/4
Robt. Little   |Carp'r | 1-1/4||Jno. Smith        | do.   |   3/4
Duncan McKenley|C Q Mr.| 1    ||Saml. Kerby       | do.   |   3/4
Jams. Ogleby   |Gun'rs |      ||Peter McKincking  | do.   |   3/4
               | Mate  | 1    ||Saml. Henderson   | do.   |   3/4
Jere Harman    |Mar'r  | 1    ||Tim. Northwood    | do.   |   3/4
Foelix Burn    | do.   | 1    ||And'w Warden      | do.   |   3/4
John Webb      | do.   | 1    ||George Densey     | do.   |   3/4
Alex'r Henry   | do.   | 1    ||James M'Gown      | do.   |   3/4
Wm. Higgins    | do.   | 1    ||Gideon Potter     | do.   |   3/4
Jas. Barker    | do.   | 1    ||Saml. Bourdett    | do.   |   3/4
Rich'd Righton | do.   | 1    ||Nath'l Gwinn      | do.   |   3/4
James Hays     | do.   | 1    ||Flora Burn        | do.   |   3/4
James Avery    | do.   | 1    ||James Welch       | do.   |   3/4
Tulip May      | do.   | 1    ||Jno. Brown        | do.   |   3/4
Thos. Fryer    | do.   | 1    ||Wm. Jackson       | do.   |   3/4
Jno. Waters    | do.   | 1    ||Jos. Marshall     | do.   |   3/4
Jno. Vanderhyde| do.   | 1    ||Quinton Sommerwood| do.   |   3/4
Jno. Arnold    | do.   |   3/4||                  |       |
Jno. Elderidge | do.   |   3/4||Jno. Evergin      | do.   |   3/4
Wm. Frisle     | do.   |   3/4||Rich'd Norton     | do.   | 1
Ephraim Read   | do.   |   3/4||Ned Almy          |Cook   | 1
Evan Morgan    | do.   |   3/4||Dan'l Walker      |C. Mate|   3/4
Jno. Holmes    | do.   |   3/4||Joseph the S'v't  |       |   1/4
Jno. Bennett   | do.   |   3/4||Aug'ne            |pris'r |
Jno. Wyld      | do.   |   3/4||James Jennings    |Mar'r. |   3/4
Hump'y Walters | do.   |   3/4||Saml. Nixon       | do.   | 1
Wm. Austin     | do.   |   3/4||_Revenge_         |Sloop  |14
Jno. Swan      | do.   |   3/4||                  |       |
               |       |------||                  |       |-------
               |       |36-1/2||                  |       |74-3/4
------------------------------------------------------------------

_Abstract of the Shares of the Revenge._

Officer draws                    13-1/4           Shares
Whole Share men                  19-3/4 [18    ]    do.
Men fitted by the Owners         28-1/2 [29-1/4]    do.
Owners for fitting out            9-3/4             do.
Sloop                            14
The Lieu'ts Man Jos.                1/4
                                 ------ 85-1/2 [84-1/2] Shares

N.B. Saml. Nixon to pay 1/2 of a 1/4 Share for a Gun and Cartouch.
     Jno. Hayes to pay 1/4 of 1/4 of do. for a pistoll.

_Sundry Accts. from Folio II. Dr. to the Owners._

To the foot of that Acct. for Ozenbrig         £37. 5.6
To Ditto for Cash Lent                          14.10.
To Humphry Walters for 5 yds. Oz'g.              1. 2.6
To Timothy Northwood for do.                     1. 2.6
To John Elderidge for do.                        1. 7.
                                               --------
                                               £55. 7.6 N.E.C.
                                               --------

_Arms ... Dr. to the Owners._

To 40 Guns att R.I.              By 39 Guns to the people.
To 40 pistoll at do.             By 1 to make a monkey.[69]
To 40 Cutlasshes at do.          By 1 broke by the Thunder.
To 19 Guns att N.Y.              By 38 Pistols to the people.
To 15 Cutlasshes at do.          By 38 Cutlasshes to do.
To 15 pistolls.                  By one to Ephraim Read a pistoll.
                                 By one pistoll to Benjn. Blanchard.
59 Guns      } 41 do.            By one to Jno. Arnold.
55 pistolls  } 42 do.            By one do to Joshep Marshall.
55 Cutlashes } 39 do.            By one Cartouch box to do.

[Footnote 69: A monkey-block, perhaps.]

_Remains in the Gunners Care._

18 Guns.                         By 10 Guns pistolls and Cutlasses.
13 pistolls.                     By 1 do. to Ephraim Read.
16 Cutlashes.                    By 1 Given the prisoners who
 2 pistols broke.                   Satt them ashoare.
                                 By 1 broke by Accident.

       *       *       *       *       *

_Friday 4th._ Moderate Weather till 4 AM., then hawld down Our Main
Sail and scuded under Our foresail to Gett Clear of the Keys, the Wind
blowing very hard.

_Saturday 5._ Att 4 PM. brot. too under ballast[70] main-Sail. it blew
a meer hurricane. provisions Expended Since the 5 Aug'st: 7 bb. of
beef, 2 bb. pork, 3 tierces of bread, 5 bbs. of flower.

[Footnote 70: Reefed?]

_Sunday 6._ Opened a bb. of beef. moderate Weather. Out both Reefs of
Our Main Sail. hope to God to have fine weather. Gott Clear of the
Reefs and Hurricane which was terrible. Very few Godly Enough to
Return God thanks for their deliverance.

_Munday 7th._ Fine Moderate Weather but Cloudy. Att 6 AM. the Capt.
Ordered the Carpenter to fitt the pinnace with mast and Ordered a Suit
of Sails for her.

_Tuesday 8th._ The Weather as above. opened a bb of flowr. Arms to
three New hands Shipt att providence, Viz Jno. Arnold, Nath Gwinn, and
Jno. Jennings, also a pistoll to James Hayes, with whom the Capt.
Exchanged a Muskett for a fowling peice he had.

_Wednesday 9th._ Squally Weather with Rain. Lett Humphry Walters and
Tim'y Northwood have 5 yds. of Ozenbrig Each for frock and trowsers,
also 6 yds. to John Elderidge. Markt the Sloops Arms on the butt with
Letter R and the Pistolls with a Cross on the Stock.

_Thursday 10th._ Opened a bb. of beef. Squally Rainy Weather.

_Friday 11th._ The first Settled day Since we left providence. the
Joyners made an Arm Chest to Carry in the pinnace when we Go on the
Look out. Lattitude per Mas'rs Obs'n 24:32.

_Saturday 12._ Fresh breezes of Wind with some Squalls of Rain. att 11
AM. the Capt. Saw the Land off the poup. it was the Crocassess.[71]

[Footnote 71: Caicos, probably; rocky islets at the southeast of the
Bahama group.]

_Sunday 13th._ The Capt. Gave the people a Case bottle of Rum for a
Tropick bottle[72] for his pinnace. the people Chrisned her and Named
her the _Spaniards dread_. Att 11 AM. made the Land of Hispaniola and
the Island of Tortudas.[73] We have now Gott in Cruizing Ground, the
Lord send Us Good Success against our Ennemies. Squally Rainy Weather
for the most part of these 24 hours.

[Footnote 72: A bottle with which to celebrate the "crossing of the
line" of the Tropic of Cancer.]

[Footnote 73: Tortuga, north of Haiti.]

_Munday 14th._ Hard Gales of Wind. brought too off of trotudas Under
Our foreSail. att 5 AM. Saw a Sloop bearing down Upon us. Gott all
things Ready to Receive her. fired Our bow Chase then Hoisted our Jibb
and Main Sail and Gave her Chase, and we out Sailing of her she brot.
too. she was a Sloop from Philadelphia bound to Jamaica. We then brot.
too again Under Our ballast main, it blowing a meer frett of wind att
No. Opened a bb. of beef and a tierce of bread.

_Tuesday 15._ Still Under Ballast-main Sail. about 5 AM. the Gale
abated. Loost Our fore Sail and took the Reef out of our Main Sail.
about 7 AM. Saw the Land which proved to be Cape Maze.[74]

[Footnote 74: Cape Maysi, the eastern point of Cuba.]

_Wednesday 16._ Moderate Weather but an Uncommon Wind att So. Cruzing
off of Cape Maze. delivered to Saml. Nixon a New hand a Gun and
Cartouch Box, to Marshall a pistoll and Cartouch box he having Lost
his that he had found him before, to Ephraim Read and Benjn. Blanchard
Each a pistoll theirs being broke, and to Humphry Walters a Cutlasses
having lost is [his] Given him before, all which Arms they are to pay
for.

_Thursday 17._ Still Cruizing as above. att 7 PM. saw 2 Sloops, one on
Our Starbord and the other on the Larboard Bow, steering No.West. We
fired Severall Shott to bring them too but one of them was Obstinate.
Capt. Hubbard brot. too att the first Shott. he was Come from Jamaica
and bound to York. he Informd Us that there was a large fleet Just
Arrived from England to Join the Admiral, that Admiral Vernon was Gone
to St. Aga[75] de Cuba, that there was a hott press both by Sea and
Land, and that the Spanish Admiral with a Large Man of Warr was blown
up att the Avanah,[76] which News We hope is true, that the other
Sloop was one Capt. Styles bound also to York and Saild in Comp'y with
him, that there was a Ship also to Load,[76a] which we Saw with a
Schooner, the former bound to London and the Schooner to Rhode Island.
Styles Received Some damage by his Obstinacy for not bringing too,
having hulled him and tore his Sails. Att 5 AM. Saw a top sail
Vessell, the Master Going to Mast-head to See what Course she Steer'd
had the misfortune to break his Arm Just above his wrist. Gave the
Vessell Chase as farr as Inagua Island[77] where she brot. too. We
made the Capt. Come on board with his papers. he Came from Lougan[78]
and was bound to Nantz in france, Loaded with Sugar, Indigo and Hydes,
also 300 ps. of 8/8 Sent by the Intendant to the Receiver of the
Customs of Nantz. We went aboard in his Yawl and found his Cargo
Agreeable to his Bills of Lading and Manifest togather with his
Clearance, so lett him past. he Informed Us that there was a Brigt.
belonging to the Spaniards att Lougan that Came in there by disstress
having Lost his Mast, Which Gentleman we hope to have the Honour to
dine or Sup with before Long. he further told Us that the Last North
Wind had done Great damage having drove Severall Vessell to Sea all
Unrigged.

[Footnote 75: Santiago. Vernon and Wentworth, having failed to take
Cartagena, were now planning an attack, which proved to be equally
unsuccessful, on Santiago de Cuba.]

[Footnote 76: The _Invencible_, flagship of Don Rodrigo de Torres, was
struck by lightning in Havana harbor, June 30, 1741, and blown up.
Letter of the viceroy Horcasitas, that day, describing the occurrence,
in Pezuela, _Historia de Cuba_, II. 575-577. The admiral did not
perish.]

[Footnote 76a: Leeward.]

[Footnote 77: A large island in the southern Bahamas.]

[Footnote 78: Léogane in Haiti (French).]

_Friday 18th._ Calm Weather for these 24 hours. Opened a bb. of beef
and a bb. flowr. Att 5 AM. saw two Sails Under Cape Nicholas[79] but
coud not speak with them it being start[80] Calm. the Mas'r is in a
fair way of doing well with his Arm.

[Footnote 79: The northwest cape of Haiti.]

[Footnote 80: Stark.]

_Saturday 19th._ Still moderate Weather. Saw a Sail. Gave Chase.

_Sunday 20th._ Att 5 PM. Came up with the Chase. she proved to be a
french Ship that was blown out of Loogan in the Hurricane 6 days ago.
she was obliged to Cut her Mizenmast to Gett Clear of the Land. her
Quarters were all Stove in and her head Carried away and neither
Anchor nor Cable aboard but perrishing for want of water. she had 16
hands aboard and but one Sailor, which was the Master. she had on
board 30 hhds. of Sugar, one hhd. and a barrell of Indigo, 13 hhds. of
Bourdeaux Wine and provisions plenty. We ordered his boat on board. as
soon as the Master Came over the side he fell on his knees and beg'd
for help and told us his deplorable Case. We Spared him some Water and
put one of Our hands aboard to Navigate his Vessell he being an Intire
Stranger on the Coast. he kept Comp'y with Us all Night. the Mas'r
Sent us a hhd. of Wine. Att 5 AM. saw the Ship a League to Windward of
Us. We then made in for the Mole by Cape Nicholas[81] and she Steering
after Us We bro't her in, but the Wind Coming ahead and his Ship out
of trim coud not work up as far as We, So she Came to an Anchor a
League below Us. the Capt. of the Ship is named Doulteau, the Ship _La
Genereuse_ from Rochell in france, Dutch built. Opened a bb. pork and
a bb. flowr.

[Footnote 81: The mole which gives the port its present name of
Mole-Saint-Nicolas.]

_Munday 21st._ Our Lieut. went ashoare to see if he coud kill any
Cattle, with 2 more hands. Some of the people went to find water,
found 7 Wells, Cleared them. the people on board being in fishing
Cought abundance of fish. some of Our hands compl[ained] they were
poisoin'd by Eating of the fish. Att 6 AM. Our pinnace went to the
Ship to tow her Up, but the Sea breeze Coming in fresh was obliged to
moor her as well as we Cou'd.

_Tuesday 22d._ The Capt. Sent me a board the Ship to know if they
wanted any Assistance. Att 9 PM. they fired a Gun and hoisted a Light
for the pinnace to Come on board to tow them up. the Capt. Sent her
with 20 hands and towd her above where we Lay and moor'd her head and
Stern free from all dangers. Our people very busy in wooding and
watering.

_Wednesday 23._ Att 6 PM. the Master of the Ship, Chas. Tesier, Came
on board to Return Our Capt. thanks for his kind Assistance and
Offered him any thing he might have Occasion for. he Gave the people
another hhd. of Clarett and some Sugar and a Quarter Cask for the
Capts. own drinking, also 6 Lenghth of old Junk.[82] Att 6 AM. Left
the poor frenchman in hopes of letting his Capt. Know where he was.
Weighd Anchor from the mold for Cape Maze with a fresh Gale att NW.
Gillmore Our mate Resignd his birth not being Qualifyed for it. John
Webb was put in his Room. Opened a bb. flower.

[Footnote 82: Old rope.]

_Thursday 24._ Att 1 PM. was abreast of Cape Maze. Att 6 Lay too Under
Our fore Sail. Att 7 AM. hoisted Our main Sail and Sett Our Jibb.

_Friday 25._ Fine Moderate Weather. Gott on Our Cruizing Ground the
No. side of Cuba.

_Saturday 26th._ About 5 PM. thought we Saw a Vessell att Anchor Under
the Land. Lay off and on till 5 AM. then Saw 2 Sails, a brig'ne and a
Sloop. Gave them Chase, the Sloop laying too for Us and the brig'ne
making the best of her Way to Leaward. We presently Came up with the
Sloop and when in Gun Shott hoisted Our pennant. the Compliment was
Returned with a Spanish Ensign att Mast head and a Gun to Confirm it.
We then went along Side of him and Rec'd his broadside which we
Chearfully Returnd with another. We then tackt, she dropping aStern,
and bore away before the Wind Crowding all the sail she Cou'd and We
doing the Like. Came again within Gunshott. In the time of Chase we
Shifted Our Bow Guns to Our fore ports and they had Done the like with
their After Guns to their Cabbin Windows, pelting of Us with their
Stern Chase and we pepering of them with Our fore Guns, So that after
several brisk fiering they att Last struck. We Ordered his Canoe on
board which was directly Mannd. the Capt. Came on board and delivered
his Commission and Sword to Our Capt. and Surrendered himself a
prisoner of War.[83] he was desperatly Wounded in the Arm and
severall small Shott in his head and body. three more of his hands was
wounded and one Negro boy Killed. This Vessell was fitted out in
Novem'r Last from the Avanah and had been on Our Coast Early in the
Spring and had taken severall Vessells and bro't them to the Avanah
and was again fitted out last August and had mett with Good Success on
the Coast of Virginia as per Acct. hereafter mentioned. she mounted 6
Guns and 12 Swivells and 38 hands, two of which were English men that
[had] been [made] prisoners and Entered in their Service. their
[names] is Caesar Dixon and Robert Patterson. We made all the Sail we
Cou'd Crowd after the Brigt. which by this time was almost out of
Sight. The damage we Received was not much. Only one man Slightly
wounded in the Engagement by a Splinter, John Taylor, two more by an
Accident a peice Going off after the fight and shott them both in the
Arm. We Received upwards of 20 Shott in Our Sails, 2 through Our Mast
and one through Our Gunnell port and all This day the _Revenge_
Establisht her Honour having almost Lost it by Letting the other
privateer Go off with them four Ships as is mentioned before. In chase
of the Brigt. who is making for the Land.

[Footnote 83: Captain Ponch (Ponce?) he is called in doc. no. 149, and
this identifies him with the Captain "Paunche or some such name" whom
John Grigg, mariner, of New York, saw at Havana when a prisoner there
in 1742-1743, "the same", he says, "who was some time since taken by
Captain Norton, and carried into Rhode Island, whence he got to the
Havannah, And who is a person sayd to be well acquainted with these
coasts". Affidavit in _N.Y. Col. Docs._, VI. 244.]

_Sunday 27th._ Att 4 AM. Came up with Chase. fired two Guns and bro't
her too. she was taken by the privateer 23 days before in the Latitude
26 No. Coming from Barbadoes Loaded with Rum, Sugar and some baggs of
Cotton, Commanded by Thomas Smith, bound to Boston. her Owners are
Messrs. Lee and Tyler Merchts. there.[84] she had on board 5 Spaniards
which we took aboard.

[Footnote 84: Thomas Lee of Salem and Boston (H.C. 1722) and John
Tyler, brazier. Capt. Thomas Smith's narrative is doc. no. 149.]

_Munday 28th._ Put the Lieut. on board the privateer prize with Sevl.
hands, also put on board the Brig'ne Capt. Thos. Smith with verball
Orders to follow Us till we Coud Gett Letters wrote to Send her to
Rhode Island to Capt. Freebody. Opened a tierce of bread.

_Tuesday 29._ Lost Sight of both prizes. Lay too best part of the fore
Noon to Lett them Come up with Us.

_Wednesday 30th._ Saw Our prize. bore down upon her. Ordered her Canoe
on board, the C Q M[85] went on board to fetch her powder and other
Stores out of her. Left but Six hands on board to Navigate her, with
Verball Orders to keep us Comp'y. Had a Vandue of old Cloaths which
amounted to 101 ps. 8/8 as per Leidger. No News of the Brig'ne. we
Suppose she is Gone to the No'w'd. she has one of Our hands on board,
Jere. Harman.[86]

[Footnote 85: Company's quartermaster.]

[Footnote 86: See doc. no. 148.]

_Thursday 1st Octor._ Calm Weather with thunder and Rain. Spoke with
the Sloop. Brave Living with Our people. Punch Everyday, which makes
them dream strange things which foretells Great Success in Our Cruize.
they dream of nothing but mad Bulls, Spaniards and bagg of Gold.
Examined the papers. found Severall Spanish and french among which the
Condemnation of Capt. Stockings Sloop. died on board the prize a Negro
boy.

_Friday 2d._ Att 6 AM. Saw a Ship Under the Land. stretchin[g] for her
we Saw aShore a french Pennant and English Ensign. Hoisted Our Spanish
Jack att Mast head and Sent Our pinnace aboard to discover what it
was. She proved to be a Ship that had been taken by Don Fransoiso[87]
Loranzo our prisoner, that had taken her off the Capes of Virginia and
had put a Lieut. and 10 more hands with 5 Englishmen to Carry her to
the Havanah, but the Spaniards Run her ashoare apurpose. We bro't off
the five Englishmen. the Spaniards having Run for it we Caught one and
bro't him on board. Sent Our prize alongside of her to Gett what Goods
we Cou'd Save. the Ship was Bilged.[88]

[Footnote 87: Francisco.]

[Footnote 88: Was staved in the bottom.]

_Saturday 3d._ The people busy in Getting Goods out of the Ship, we
Laying off and on.

_Sunday 4th._ Opened a bb. of beef. put the following hands on board
the prize With Orders to the Master which are as underneath written.
the people on board Are John Webb Masr., John Evergin Mate, Timothy
Northwood, James Hayes, Wm. Jackson, Joseph Marshall, John Elderidge,
James Jennings and a Bermudian Negro which was taken prisoner in a
fishing boat off of Bermudas by the Spanish Capt. (as Mariners) and
one Mollatto prisoner belonging to the Spaniards. Gave them a bb. of
beef and a bb. of pork.

     Latitude 22.50 No. Octo'r 4th, 1741

     Mr. John Webb

     You being Appointed Master of the Sloop _Invinsible_, Late a
     Spanish privateer Commanded by Capt. Don Fransoiso Loranzo
     and taken by me and Comp'y, We Order You to keep Comp'y with
     Us till further Orders, But if by some Unforeseen Accident,
     Bad Weather Or Giving Chase We shou'd Chance to part Then We
     Order that You proceed directly with said Sloop and Cargo to
     Rhode Island in New England And if by the providence of God
     You Safe Arrive there You must apply to Mr. John Freebody,
     Merch't there, and deliver Your Sloop and Cargo to him Or
     his Assigns.

     You are also Ordered to take Care that You Speak to no
     Vessell nor Suffer any to Speak with You during Your passage
     nor Suffer any disorders on board but to take a Special Care
     of the Cargo that none be Embezled. And if Weather permitts
     You must be dilligent in drying of the Goods on board to
     hinder them from Spoiling etc. Wishing You a Good Voyage We
     Remain Your Friends

     BN

     DM

     _Coppy of the Letter Sent to Capt. Freebody per John Webb in
     the Sloop._

     _Sr._

     I hope my Sundry Letters Sent You by different hands are
     Come Safe. My first was from the hook[89] Acquainting You
     what Number of hands had on board the time of Sailing for
     Providence, togather with an Acct. due from the Company to
     the Owners. Att my Arrivall att Providence I wrote You of my
     safe Arrival there and what Success we had mett with in Our
     passage and delivered the Letter to Capt. Freeman, Bound to
     Boston in a Schooner. a few days after had an Opportunity of
     Informing You of an Unfortunate Accident which happened to
     Us by thunder and the damage it had done Us. that went per
     Capt. Barrett Via So. Carolina inclosed in a Letter to Mr.
     Henry Collins, Sent to Mr. Steed Evance, who was desired to
     forward it to him. the Last was per Capt. Green, bound to
     Boston in the Sloop we had taken, Sold to Capt. Thomas
     Frankland, whose first bill of Exch'ge for £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 Night
Gown, a Spencer Wigg[95] and 4 pair of thread Stock'gs, to the Lieut.
a pr. of Buck skin Breeches, the Doctor bot. a Suit of broad Cloth
which Cost him 28 ps. of 8/8 which is Carried to his Acct. in the
Sloops Leidgers. Six men that had been prisoners Signed Our Articles,
Viz. Patterson taken out of the Sloop, and John Greenshaw, Thos.
Sinclair, Lawrence Willson, James Hadle, Jno. Bruman, prisoners on
board the Ship. the whole Vandue this day amounted to 9 ps. 8/8 4 R.

[Footnote 95: A variety of periwig named after Charles Spencer, better
known as the second earl of Sunderland. A night-gown in 1741 was a
dressing-gown.]

Expended this month: 7 bb. beef, 3 bbs. of pork, 6 bbs. flour, 2
tierces of bread.


_146. Account of the Crew with the Owners. October 30, 1741._[1]

[Footnote 1: Massachusetts Historical Society. It is hard to interpret
this account. It will be seen that £1776 16s. 9d. New England currency
is reckoned as equal to 1972-1/8 pieces of eight or Mexican dollars.
That would be reckoning 18s. of New England paper money to the dollar,
or about 20s. 6d. to the ounce of silver. But in 1741 the rate of
depreciation was certainly much higher. In January of that year
Governor Ward of Rhode Island reports to the Board of Trade, "that for
these six years last past, bills have continued to be equal to silver
at twenty-seven shillings per ounce". _Col. Recs. R.I._, V. 13. And
the Massachusetts rate was twenty-nine or more.]

Comp'y of the Sloop _Revenge_ their Acct. Curt. with the Owners.

Dr.                                 New Eng'd Cur'y    Ps. 8/8. R.

To the first Out sett for provisions
  etc. bot. att Rhode
  Island and New York, being          £1698. 6.3         1886.4

To Rum and Sugr. bot. att
  provid'ce.                             39.12.            44.

To cash paid Mr. Stowe per
  B.N.                                   19.11.6           20.1

To do. for prison fees for a Negro
  and Mollo. Slaves.                      4.19.             5.4

To John Wright for frock and
trowsers.                                 1. 7.             1.4

To Cash paid for Storedge of the
provisions.                               7. 4.             8.

To a bb. of Pork.                         5.17.             6.4
                                      -------------------------
                                      £1776.16.9  Ps. 8/ 1972.1

Cr.

By Cash Recd of Mr. Moon               £137. 5.           152.

By a bill of Exchg. of Capt.
  Frankland                             540.              600.

By ditto pd. per the Compy. Qr.
  Mr. 3 mens Share who were
  discharged                              8. 2.             9.

By a bb. of tarr                          2.14.             3.

By Cash for three mens share of
  the provs. Expended                    16. 4.9           18.

By Cash Recd of Mr. Stone for
  part of a Negro Sold to him            21.12.            24.

By Cash Shipt per Capt. Pittman,
Vizt.
  Gold--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 Excepted
October the 30th, 1741
Per P. Vezian Capt. Qr. Mr.

        133 Mild   ps. 8/8
          5 Piller ps. 8/8[5]
          1 french Crown[6]
£3. 4s. 0d. English Mony.

  Sent by Robert Griffin to New York

133 Mild ps. of Eight             £53. 4.0
 54 Moydores in Gold at 44s.[7]   118.16.0
                                 ---------
     New York Mony               £172. 0.0

[Footnote 2: The moidore and the johannes were Portuguese coins, the
pistole Spanish. The moidore was worth six pieces of eight, the
pistole four, the johannes eight. Here they are reckoned at 7-1/2,
4-1/2, and 20, respectively; but perhaps the last were "double joes".]

[Footnote 3: "Advance 13", _i.e._, add four times the amount (or
multiply by five) to bring the sum from sterling to New England
currency, at the rate here assumed; £3. 5s. sterling was really worth
only about 15 pieces of eight.]

[Footnote 4: Milled.]

[Footnote 5: Spanish dollars on which appeared pillars symbolizing the
Pillars of Hercules.]

[Footnote 6: An écu of six livres, = $1.08.]

[Footnote 7: The moidore is here reckoned at 44s. New York money; it
is reckoned above at 135s. New England money.]


_147. Petition and Complaint of John Freebody. November 5, 1741._[1]

[Footnote 1: Records of the Admiralty Court held in Boston, "vol. V.",
kept in the Suffolk County Court-house. These supplement effectively
the papers given to the Massachusetts Historical Society by Professor
Norton.]

At a Court of Admiralty holden at Boston before the Hono'ble Robert
Auchmuty, Esq'r., Judge of said Court, December the Seventh, Anno.
Dom. 1741.

Province of the       } To the Hono'ble Robert Auchmuty,
Massachusetts Bay SS. }   Esqr., Judge of Vice
                      }   Admiralty in Boston.

The Petition and Complaint of John Freebody of Newport, Merchant, in
behalf of himself and Benjamin Norton, Owners of a Privateer Sloop
Called the _Revenge_, and as Agent for and in behalf of the Officers
and Mariners Belonging to sd Sloop, Humbly Sheweth to your Honour that
the Said Vessell, Under the Command of said Benjamin Norton, Manned
With Sixty Men, Officers and Marriners, Sailed Out on a Cruize from
Newport in Rhode Island Against the Spaniards in June last, and in the
Latitude of Thirty Degrees North, About Twenty Leagues from the
Havannah, near the Island of Cuba, they met with a Spanish Privateer
of Six Carriage Guns and ten Swivel Guns, with men Answerable, On or
about the 26th day of September last, which Privateer had About
Fourteen days before that taken a Briganteen called the _Sarah_, with
her Cargo, Consisting of Ten Hogsheads of Barbadoes Rum, Sixteen
Hogsheads of Brown Sugar, Sundry Bales of Cotten, Being in all about
One Ton and a half, together with Ten Barrells of Sugar and About
Twenty barrells of Limes, Altogether of the Value of Five thousand
Pounds in Publick Bills of Credit Usually Current here, which Vessell
was Owned by John Tyler and Thomas Lee, Subjects of the Crown of Great
Britain and now Resident in this Place, as was also part of the said
Cargo as Enumerated, the Rest belonging to Other Subjects Liveing also
at Boston but Unknown to the Complainant, and the said Sloop _Revenge_
Engaged and took the said Spanish Privateer and at the Same time
Retook the said Briganteen And Cargo and Redeemed the master, whose
name is Thomas Smith, and his Hands, from the Power of the Spaniards,
and for that the said Briganteen And Cargo had been at Such time a
fortnight in the hands of the Spaniards as their Prize, the said
Benjamin Norton put one of his hands aboard and Order'd the said
Vessell to proceed directly to Newport To be Restored to the Owners
upon paying as Salvage One Moiety of said Briganteen and her Cargo,
pursuant to an Act of Parliament Made and Passed in the 13th year of
the Reign of his Present Majesty King George the Second Entituled an
Act for the more Effectual Secureing and Encourageing the Trade of His
Majesties ---- British Subjects to America and for the Encouragement
of Seamen to Enter into his Majesties Service,[2] Whereby Amongst
Other things It is Provided and Enacted to the following purpose and
Effect, vizt. that the Vessells and Goods of British Subjects
Surprized and Retaken from the Enemy, if by a Private man of War
Commissioned properly thereto, In Case the Vessell and Cargo had been
Above Ninety Six hours in the Possession of the Enemy that took the
same, then to be Adjudged To be Restored to the Owners, they paying
for and in Lieu of Salvage One full Moiety or half part of said
Vessell and Goods so taken And Restored, without any deduction
Whatsoever, as in and by the said Act, Reference thereto being had,
more fully may Appear. Now So it is that notwithstanding said
Briganteen and Cargo had been taken as A Prize by said Spanish
Privateer and in their possession as such For twelve or Fourteen days
before she was Retaken by the said Benjamin Norton, who was properly
Commissioned thereto in said Sloop _Revenge_, yet the said Thomas
Smith, to Defeat the said Act And deprive the said Compl't[3] together
with said Norton and Crew of their Right and due as Abovesaid,
Contrary to the mind of One Jeremiah Harman who was on purpose left in
said Briganteen to Proceed therein and Assert their Right that
Surprized and Retook her, Yet the said Thomas instead of Proceeding to
Newport as intended Came in said Vessell and with the Aforesaid Cargo
to this Port of Boston, Where they Arrived in Safety in said
Briganteen and with the Aforesaid Cargo on or about the 23d day of
October 1741, and haveing turned the Said Jeremiah on shore have
Unladed and Delivered the said Briganteen Of her Cargo and Effects and
is now Preparing to send with the Owners Consent Or go with the said
Briganteen on a New Voyage Directly, without haveing Obtained Any
Decree of this Court as the Act directs or made Application therefore,
nor will the said Master Thomas Smith and Owners, tho' requested, pay
and give the said Moiety of the Vessell and Cargo so Retaken or any
part thereof to the Complainant For the Uses and purposes abovesaid.
Wherefore this being of a Maratime nature and regarding a Vessell and
Cargo retaken on the High Seas, Expressly falls within the
Jurisdiction of this Hono'ble Court. It's therefore pray'd your honour
will cause the said Vessell and Cargo so Retaken to be Seized and Kept
in the hands of the Marshall till a final Decree may be made on the
premises Pursuant to Said Act, and that the said Thomas Smith, John
Tyler and Thomas Lee may be Summoned in Case they or any of them see
fit to Appear and Answer this Complaint, and that the Complainant may
Obtain for the Uses and Purposes aforesaid your Honours Decree for One
Full Moiety or half part of said Brigantine and her Cargo or be
Otherwise Relieved in the Premises, as your Hon'r shall Judge meet.
And as In duty Bound the Complainant shall always--

[Footnote 2: 13 Geo. II. ch. 4.]

[Footnote 3: Complainant.]

JOHN FREEBODY for himself and Benja. Norton, Owners, and as Agent for
and in behalf of said master, Officers and Seamen belonging to the
Sloop _Revenge_.

1741 Nov'r 5th filed and Allow'd and Ordered that the Vessell and
Cargo be Arrested and Kept in the Marshalls Custody untill Security be
given to Abide the Event of the Case, and that the Aforesd Owners and
Master Be Cited to Answer this Libel on Monday next at three aClock
p.m.

ROB'T AUCHMUTY, Judge Ad'y.


_148. Deposition of Jeremiah Harriman. November 25, 1741._[1]

[Footnote 1: Records of the Admiralty Court, Boston, "vol. V."]

Jeremiah Hariman of Lawfull Age Testifyeth and saith that on or about
the latter end of June or the beginning of July last he sailed from
New York In a Privateer Sloop Called _The Revenge_ Commanded by Capt.
Norton on a Cruize Against the Spaniards and in the month of Sept'r
last in the Old Streights of Bahama[2] they saw a Sloop laying too
with a Jib Sheet to Windward And the Goose wing[3] of her mainsail
hauled up and her foresail hauled down, Upon which We gave her Chase
and upon Comeing within Gun shot of us she Hoisted a Spanish Flagg
upon her Topmast head and fired a shot which went thr'o the Rigging,
upon which we stood After her and upon Comeing within Muskett shot of
said sloop she fired at us again, upon which we hoisted An English
Pendant Upon the Topmast head and then we Engaged her, And in about
two hours and half we took her and found a Spanish Commission On
board her and then we took Out of the Spanish Privateer about fourteen
Spaniards and put them on board Our Sloop and put some of Our men
aboard The Spanish Sloop and then both Sloops gave Chase to the
Brigantine and In about three or four hours Our sloop came up with the
Briganteen and fired One or two Guns, upon which she brought too and
struck and then we took possession Of her, at which time this Depon't
was Credibly Informed as well by Capt. Smith as his men and all
Concern'd that she had been taken as a Prize by The Spaniards and Kept
in their Custody Eleven days before she was Retaken By them, Whereupon
the Quarter master and One hand more went on board the Said Briganteen
to take possession of her as a Retaken Vessell. Capt. Norton Then
Ordered Capt. Smith on board his Own Brig't with his Company, and This
Depon't was also Ordered by the Quarter master and Company of the
_Revenge_ Sloop to go on board said Briganteen to Secure and look
after their Interest, With Orders to keep them Company Untill some
farther Disposition shou'd be Made, which was Intended to be done the
next day, but so it happened by Some Misadventure or Contrivance to
this Depon't unknown they never Coul'd come up with the Sloops again
(th'o they had Severall times sight of Them), Whereupon the said Smith
and Company Alledging they shou'd be short Of Provisions Steer'd their
Course towards Rhoad Island and in About Eight days After, in the
Gulph of Florida,[4] we Came up with a large Merchant man as deep
Laden as she Cou'd well Swim, she Standing in For the Westward and we
being very near the florida shore Cou'd not Weather her and when she
came up with us she fired a shot Over us, Upon which we brought too
and then Ordered us to Come on board them In Our boat, but upon our
telling them we had no boat they sent their Boat on board us with
their Pilot and Severall Others, who staid on board That night and the
next day. about the midle of the Afternoon they Left us After haveing
plundered the Brig't of One barrell of Sugar, three Small Sails, a
Sheet and Small Anchor, the sheet Cable[5] and Sundry Small Stores of
little or no Value. Whereupon Capt. Smith took upon him to Order The
Brigantine to Boston, Capt. Smith at the same time telling this
Depon't He shou'd have mates Wages, And upon their passage Comeing
near Block Island, Capt. Smith refus'd to go into Rhoad Island th'o
Requested by the Depon't And Afterwards they put into Martha's
Vineyard, where Capt. Smith Sold Rum and Other things to Cloath his
people and then made his best Way for Boston where they arrived on or
about the 23d of October last When they discharged this Depon't as
soon as they well Cou'd and gave him Some money and told him to Go
about his business.

JEREMIAH HARIMAN.

[Footnote 2: Commonly called the Old Bahama Channel, lying between the
Jardines del Rey, or north coast of Camaguey province, Cuba, and the
Great Bahama Bank.]

[Footnote 3: Lower corner.]

[Footnote 4: The part of the Atlantic Ocean east of northern Florida.]

[Footnote 5: The cable used with the sheet-anchor.]

1741 Nov'r 25 Jeremiah Hariman Appearing in the Registers Office made
Oath to the Truth of the Aforegoing Deposition Before Me

ROB'T AUCHMUTY Judge Ad'y.


_149. Deposition of Thomas Smith. November 30, 1741._[1]

[Footnote 1: Records of the Admiralty Court held in Boston, "vol. V."]

The Deposition of Thomas Smith of Boston Mariner, Master of the
Briganteen _Sarah_ as follows vizt. That on the 17th day of Septem'r
last he being Master of said Brigantine in her Passage from Barbadoes,
in the Lat. of 28 Degrees and 38 min's North and the Long. of Bermuda,
said Briganteen Was Surprized and taken together with her Cargo
Consisting of Rum, Sugar, Cotton and money to the Value of About
Eighty Six Pounds Sterling by divers Subjects of the King of Spain in
a Privateer Sloop mounted with Sixteen Guns Commanded by One Capt.
Ponch[2] manned with upwards of Forty men, who took Out of the said
Briganteen all the Aforesaid Money and Continued all the Rest Of the
Cargo on Board of her, and the said Spanish Privateer Ordered the
Depon't And four of his men on board the said Sloop and put some of
their men on board The said Briganteen and turned her Long boat adrift
and the said Sloop and Briganteen were Ordered to Keep Company with
One Another and Steer for the Havannah and the Spaniards plundered
said Briganteen both of Rum and Sugar And on the 26th of said
Septem'r, said Briganteen being in the Old Streights of Bahama, Capt.
Benjamin Norton in a Privateer Sloop from Rhoad Island Came up with
the Aforesaid Spanish Privateer and the Depo'ts Briganteen, Took the
Privateer and Retook the Brig't and Cargo and the said Norton took All
the Spaniards out of said Sloop and Brig't and put them on board his
Own Sloop and the Depon't Saith that Capt. Norton's Quarter master
took out of his Brig't Some Cloaths, a Rug and Blankett, which was
upon freight, Contrary to this Depo'ts Request, who told him said
things were upon freight, and said Quarter Master also took from this
Depon't forty pieces of Eight. Capt. Norton then Ordered this Depon't
on board his Own Brig't with his own men and ordered the Depo't to
keep him Company and Proceed to Rhoad Island. at The same time One
Jeremiah Hariman, one of Capt. Norton's men, came on board The said
Briganteen, but the wind being fresh and a very strong Current Setting
Capt. Norton Outsailed the Brig't, who fell to Leward on the Bahama
Banks[3] In About five fathom water and lost Sight of Capt. Norton for
twentyfour Hours and then Stood for the Gulph,[4] designing for Rhoad
Island, but in their Passage thither on the fourth day of October at
Ten a Clock in the morning, being in the Lat. of 27 Deg's and 6 min's,
the Depon't met with a Spanish Merch't Ship mounted with about Six
Guns and Navigated with About Twenty five Men in the Gulph, Commanded
by one Barnard Espinosa who was also Owner of said Ship, who came from
the Havannah and was bound for the Canaries, Who took and made Prize
of this Depon'ts Vessell and Cargo, put this Depon't and His men on
board the said Spanish Ship and put his Own men on board the
Briganteen to plunder her, and the said Ships Crew took Away the said
Briganteens Jib, forestaysail, Sheet Cable and Anchor, five Great
Guns, four small Arms, Maintopstaysail, Runners and [_illegible_]
Stream Anchor,[5] two crows and all the Iron they could remove, and
also some Sugar, Rum, Cotton, Wool, two coils of Rigging, and Sundry
Stores Particularly mentioned in a Schedule, Lodged in Court, and also
took of the said Briganteens Cargo five packets of Cotton, two
hogsheads and half of Rum, One hogshead and four barrells of Sugar and
Seven hundred weight of Loaf Sugar, and also Carried with Him in said
Ship the mate, one hand and a Boy belonging to said Brig'n, In Order
to Carry them into the Territories of the King of Spain to Shew That
the Vessell and Cargo so Plundered belonged to British Subjects, and
On the 5th of said October the said Espinosa gave this Depon't his
said Briganteen at the Request of a Spanish Priest he had on board (he
Haveing at first determined to set her on fire) as also the Remains of
her Cargo, vizt. five hogsheads and half of Rum, four hogsheads and
Eight Teirces of Sugar, belonging to the Owners of said Briganteen,
which he has Since delivered to them, and nine hogsheads of Sugar,
five Packets of Cotton and a Teirce of Rum which were Laden Upon
freight, which he has since delivered to the Respective Owners, vizt.
the nine hogsheads of Sugar to Wentworth and Monk, the five Packets of
Cotton to Mr. John Woodhouse, and the Teirce of Rum to Capt. Foresyth,
who paid him Freight for the same.

THOS. SMITH.

[Footnote 2: See doc. no. 145, note 83.]

[Footnote 3: The Great Bahama Bank lies southwest of the chief
islands, toward Cuba. The vessels were proceeding northwestward toward
the Florida Channel.]

[Footnote 4: Of Florida.]

[Footnote 5: A runner was a rope rove through a block. A stream anchor
was an anchor of middle size, between a bower and a kedge.]

and this Depon't further adds that when he met With the said Spanish
Ship he Ordered the aforesaid Jeremiah Hariman to Fire a Gun, he
haveing a Hot Poker in his hand, who Refus'd to do it But Instead of
that he let go the Main Halliards and lowered the Mainsail, And After
the said Briganteen was taken by the Spanish Ship the said Harriman
desired to enter on board said Ship, Giveing for reason that he Was a
Roman and had a wife at St. Augustine,[6] and this Depon't also heard
The Pilot of the Spanish Ship ask the Captain whether he would receive
the said Jeremiah Hariman as a hand on board his ship but the Capt.
Told said Pilot that he would not take him. this Depon't further
declares that he for Severall years has Understood the Spanish
language and that the hands on board the Spanish Ship were all of them
Spaniards except the Pilot, who was an Englishman, and the Captain of
her Showed this Depon't a Paper which he Called a Letter of Marque and
this Depon't believes The same really was so.

THO. SMITH.

[Footnote 6: It is to be hoped that Captain Smith is misrepresenting
Harriman, for Jeremiah Harriman was married to Mary Johnson in Trinity
Church, Boston, on Apr. 29, 1744, the intention of marriage having
been filed on Aug. 15, 1743. Boston Record Commissioners, _Reports_,
XXVIII. 275, 342.]

1741 Nov'r 30th Thomas Smith made Oath to the truth of the Aforegoing
in Open Court.

Att'r JOHN PAYNE, D.Reg'r.


_150. Decree of Vice-Admiralty Judge. December 7, 1741._[1]

[Footnote 1: Records of the Admiralty Court, Boston, "vol. V."]

The Case was then fully debated by the Advocates[2] on both sides and
on the Seventh of Decemb'r Aforesaid his Honour the Judge gave the
following Decree, vizt.

[Footnote 2: In English admiralty courts the two classes of
lawyers--roughly, those who appeared in court and those who prepared
the papers--were called advocates and proctors, corresponding to
barristers and attorneys in the common-law courts.]

This Case on the Evidence Appears to me shortly to stand thus: On the
17th day of Sept'r last the Briganteen _Sarah_ in her Passage from
Barbadoes to Boston was taken by a Spanish Privateer. on the 26th of
said Month Capt. Norton in an English Privateer took the Spaniard and
his said Prize, puts one of his hands on board of the Briganteen and
Continues Mr. Smith the Master and his Crew belonging to her on board,
Ordering him to keep him Company and Proceed to Rhoad Island, but the
Briganteen Not being Able to keep up with the English Privateer lost
sight of her, And in her Passage for Rhoad Island on the 4th of
October was again taken By a Spanish ship, who plundered her the
second time and Carrying with them the Mate, One hand and a Boy, on
the 5th of October Aforesaid was prevail'd upon to Give the Briganteen
with the Remains of her Cargo, etc. to the said Smith the Master, who
brought her to Boston, and now the Owners of the English Privateer and
Capt. Norton and his Crew demand one half for Salvage according to the
Stat. In that Case (as they say) provided, and if they are Entitled to
the Same is the Sole Question. In determining of which I shall Premise

1st. Its a Rule in Law that the Right of Changeing Property by force
of Arms is so Odious that in the takeing of Goods if by any
Possibility The Right Owner may have Restitution the same shall be
done, and th'o a Larger time than twenty four hours happen between the
Capture And Recapture, and so may pernoctare[3] with the Captor yet
Restitution may be made.

[Footnote 3: Continue through the night.]

2 ly. The Sense and Understanding the Law hath of Privateers, vizt.
That they Are such as receive no pay but go to war at their Own
charge, and Instead of pay leave is granted to Keep what they can take
from the Enemy, and alth'o such License is Granted yet may they not of
their Own heads Convert to their Private use Prizes before the same
have Been Adjudged by Law Lawfull to the Captors.

3 ly. There are Two Adjudged Cases that may Contribute to the Clearing
up this Point. The First is in the War between England and Holland.[4]
a Dutch man of war takes an English Merchant man and Afterwards an
English man of war Meets the Dutchman of war and his Prize and in
Aperto Prelio[5] regains the Prize. there Restitution is made, the
Owners paying Salvage, _for had it been a Lawfull Prize to the
Recaptor the Admiral wou'd have had a Tenth_. The Second is where a
Ship Chartered in his Voyage happens to be taken By An Enemy, and
Afterwards in Battle is Retaken by Another ship in Amity, And
Restitution is made and she proceeds on her Voyage. the Contract is
not Determined. th'o the taken[6] by the Enemy divested the Property
out of the Owners, Yet by the Law of War the Possession was
defeazable, and being Recovered by battle Afterwards, the Owners
became Reinvested, so the Contract by [fiction] of Law became as if
she never had been taken and so the Entire freight Became due.

[Footnote 4: It is difficult to identify these cases, for volumes of
reports of admiralty decisions were not published until the beginning
of Christopher Robinson's _Reports_ in 1798, and not many earlier
decisions have since been reported; but the first of the cases here
referred to may be one of the two, those of the _Laurel Tree_ and the
_Palm Tree_, on which Sir Leoline Jenkins rendered, in 1672, opinions
which are printed in Wynne's _Life of Sir Leoline Jenkins_, II. 770.]

[Footnote 5: Open battle.]

[Footnote 6: Taking.]

Lastly, I Observe the Words of the Stat. in the Case of Recaption[7]
Agree with the Words of the Law in the Cases put, for the words In the
Act are _shall be adjudged to be Restored to Such former Owner, etc.
Paying in Lieu of Salvage, etc._

[Footnote 7: 13 Geo. II. ch. 4, sect. 18.]

These things thus Premised I Come to the Consideration of the Point
before me, and am of Opinion the Prepon'ts are Not Entituled to Any
Salvage, for that the Owners were never Absolutely Divested of their
Property, as may fairly be Collected from what has been Before
mentioned. Its true the Prepon'ts had a Right or Claim to Salvage On
the Recaption, but before that right Cou'd be Adjudged lawfull to the
Recaptors the Briganteen was again taken by a Spaniard, which puts an
Entire End to Salvage for a former Recaption, because Retakeing and
Restitution begets Salvage but the Prepon'ts Retakeing is lost by the
Enemies Again takeing the Brig't, and in Fact its the Enemy that made
the Restitution. Therefore I decree the said Libel to stand dismist,
but inasmuch as the Prepon'ts have been in Part Instrumental towards
the Preservation of the said Briganteen and th'o not Strictly Speaking
by Law Entituled to Salvage and the Case being New, I decree the
Def'ts to pay all the Costs.[8]

ROB'T AUCHMUTY, Judge Ad'y.
  7 Decem'r 1741.

[Footnote 8: From this decree of Judge Auchmuty the owners of the
_Revenge_ appealed (see docs. no. 151-158), but in vain. Opinions
might well differ, as did those of the civilians consulted in London,
doc. no. 153. High authorities declared that when a prize had been
taken into firm and secure possession, the title of the original
proprietor was completely extinguished, and was not revived by a
recapture (The _Ceylon_, 1 Dodson 105). But as to English practice,
the civilians of Doctors' Commons certified in 1678 that the custom of
the High Court of Admiralty was to restore the recaptured vessel to
the first proprietor, with salvage of one-eighth to the recaptors
(Marsden, _Law and Custom of the Sea_, II. 102, _cf._ also 168, 193),
and the statute 13 Geo. II. ch. 4, sect. 18, so provides, with
enlargement of salvage when the enemy's possession had lasted longer;
see doc. no. 145, note 61. But this present case was, or purported to
be, a case of a _second_ recapture. A note in 4 Chr. Robinson 217
shows three cases in 1778, 1780, and 1781, of British prizes
recaptured by the French, then captured again by the British; in one
case the House of Lords awarded the vessel to the first captor, in the
other two to the last. Justice Story, in one of his notes in 2
Wheaton, app., p. 46, says, "Where a hostile ship [_e.g._, Smith's
brigantine when first encountered by Norton, in Spanish hands] is
captured, and afterward is recaptured by the enemy, and is again
recaptured from the enemy, the original captors [_e.g._, Norton] are
not entitled to restitution on paying salvage, but the last captors
[_e.g._, Smith] are entitled to all the rights of prize, for, by the
first recapture, the whole right of the original captors is devested";
and he refers to the _Astrea_ (1 Wheaton 125), where Marshall in 1816
so decided, with as much emphasis as Sir Leoline Jenkins laid on an
opposite doctrine in 1672. In 1741 doctrine was in transition from the
earlier to the later view.]


_151. Appeal in Prize Case. December 8, 1741._[1]

[Footnote 1: Records of the Admiralty Court, Boston, "vol. V". From
1628 to 1708 appeals in prize cases from the sentences of
vice-admiralty courts in the colonies had been heard in England by the
High Court of Admiralty; since that date, they had, in accordance with
6 Anne ch. 37, sect. 8, been addressed to a body of persons specially
commissioned for the purpose, called the Lords Commissioners of Appeal
in Prize Causes. See the memorandum of Strahan and Strange (1735) in
F.T. Pratt, _Law of Contraband of War_, p. 295. A commission (1728)
for the trial of such appeals is printed in Marsden, _Law and Custom
of the Sea_, II. 267-270.]

1741, Decem'r the 8. John Overing, Esq'r,[2] Advocate for the
Propon'ts, Appeared In Open Court and Demanded an Appeal from the
aforegoing Decree, Which the Judge Allow'd of Upon Securitys being
given as the Act requires.

Att'r JOHN PAYNE, D.Reg'r.

[Footnote 2: Attorney-general of the province of Massachusetts Bay
1722-1723, 1729-1749.]


_152. Bond for Appeal in Prize Case. December 19, 1741._[1]

[Footnote 1: _Ibid._ The law required the appellant to give bond to
prosecute. A similar bond (Rhode Island, 1756) is printed in Professor
Hazeltine's monograph on "Appeals from Colonial Courts", in _Annual
Report_ of the American Historical Association for 1894, pp. 344-345.]

On the nineteenth day of Decem'r Anno Dom 1741 Personally Appeared at
Boston in New England John Overing, Esqr., and John Homans, Merchant,
both of Boston Aforesaid, who Submitting themselves to the
Jurisdiction of the High Court of Admiralty of England Obliged
themselves, their Heirs, Executors and Admin's to Thomas Lee, Merch't,
and John Tyler, Brazier, both of Boston Aforesaid, Owners of the
Brig't _Sarah_, Thos. Smith Mas'r, In the Sum of Three hundred Pounds
of Lawfull money of Great Brittain To This Effect, That is to say,
Whereas John Freebody of Newport in the Colony of Rhoad Island,
Merchant, Exhibited a Libel in the Court of Vice Admiralty for the
Province of the Massachusetts Bay in behalf of Himself and Benja.
Norton, Owners of a Privateer Sloop called the _Revenge_, And as Agent
for and in behalf of the Officers and Mariners of said Sloop, Against
the Aforesaid Brig't _Sarah_ for Salvage, etc. as per Libel on file
More fully sets forth, And whereas by decree of said Court of Vice
Admiralty Dated the Seventh day of Decem'r instant the said Libel was
dismist, And the said Freebody haveing Appealed from said decree or
Sentence to the Commissioners Appointed or to be Appointed Under the
Great Seal Of Great Brittain for Receiveing, hearing and determining
Appeals In causes of Prizes, now in Case the said John Freebody shall
not Prosecute the said Appeal to Effect within twelve months from the
Date hereof or in Case the Aforesaid decree Shall not be Revers'd By
the said Commissioners, then they do both hereby Severally Consent
That Execution shall Issue forth Against them, their Heirs, Executors,
Admin'rs, Goods and Chattels, wheresoever the same shall be found, to
the Value of the said Sum of Three hundred Pounds before mentioned, or
Treble such Costs as shall be Taxed in the said Court of Vice
Admiralty, But in Case the said decree be Reversed by the said
Commissioners Then this Bail shall be Void and of none Effect, and in
Testimony of The Truth thereof they have hereunto Subscribed their
names.

Att'r JOHN PAYNE, D. Reg'r.   J. OVERING.
                              JNO. HOMANS.

  Exam'd per JOHN PAYNE, D. Reg'r.


_153. Case (Freebody c. Sarah) and Opinions of Civilians. May 17, July
10, 1742._[1]

[Footnote 1: Massachusetts Historical Society.]

CASE.

The English Brigantine called the _Sarah_, Thomas Smith Master,
together with her Cargo, consisting of Rum, Sugar, Cotton and money on
Board, was in her Passage from Barbadoes taken and Seized by a Spanish
Privateer mounted with Sixteen Guns and Manned with upwards of Forty
Men, who took out of the said Brigantine all the Money, but Continued
all the rest of her Cargo on board of her, and the Spanish Privateer
ordered and Caused the Master and Four of the Brigantine's Men to be
put on Board the Privateer and put some of the Privateers Men on Board
the Brgt. and turned her Long Boat adrift and the Brigantine was
Ordered to keep Company with the Privateer and Steer for the Havannah.
About Twenty Leagues from the Havannah, near the Island of Cuba, an
English Privateer Sloop called the _Revenge_ (Benjamin Norton Commr.)
came up with the said Spanish Privateer in Company with the said
Brigantine, Engaged and took the Said Spanish Privateer and at the
same time retook the said English Brigantine and Cargo on board, and
Capt. Norton then took all the Spaniards out of the said Spanish
privatr. and English Brigantine and put them on board his own
Privateer, and Ordered Thomas Smith, the Master, and Crew of the said
English Brigantine from on Board the Spanish Privateer to be put on
Board the said Brigantine, and at the same time put on Board her
Jeremiah Harimen, One of his own Privateer's Crew, to keep Possession
of her until Salvage Shd. be paid for the Recapture, at the same time
with Orders to keep the Privateer Company and proceed to Rhode Island.

Soon after, either by the Contrivance of Thos. Smith, the Master of
the Brigantine, or by the Wind blowing fresh, the Brigantine was
Seperated or lost Sight of the Privateer.

The Brigantine met with a Spanish Ship Mounted with six Guns and
Navigated with about 25 Men, who boarded the Brigantine and Plundred
her and took out of her part of her Rigging, Sails, Cables and
Anchors, and part of her Lading, and the next day they quitted her,
but first took out of her the Mate, One hand and a Boy, and put them
on Board their Spanish Merchant Ship and carried them away.

Capt. Smith afterwards proceeded with the said Brigantine and in her
Passage coming near Block Island was desired by Jeremiah Harimen (who
was put on board to keep Possession of her as a fore said) to go into
Rhode Island but refused the same and proceeded to Boston, where upon
her arrival the said Jeremiah Harimen was put out of possession of
her, and Thos. Smith, the Master, Caused her Cargo to be unloaded and
delivered and afterwards to be refitted, without the Least offering to
pay any Salvage, under pretence that the Master of the Spanish Mercht.
Ship after plundering the Brigantine gave the same to the said Thos.
Smith the Master.

Thereupon the Commr. and Owners of the English Privateer caused the
said Ship to be arrested in the Vice Admiralty Court of Boston to
Answer the said Salvage.

Pleas were given and Admitted and Several Witnesses Exd. on both
sides, and the Judge of Vice Admiralty dismissed the Cause without
giving any Salvage whatsoever, from which Decree it is Appealed on the
behalf of the Comr. and Owners of the said English Privateer.

_Observe._ By the Depo[sitio]ns of the Witnesses there Appears to be
some Variation relating to the Seizure of the Brigantine by the
Spanish Mercht. Ship. Thos. Smith, Master of the Brigantine, and his
Mariners Swear that the Spanish Mercht. Man after seizing and
plundering her gave him the Ship.

Jeremiah Hariman, who was put on board by the English Privateer in
Order to keep Possesn. of her, differs from them in his depo[sitio]ns.

_Q._[2] Are not the Owners and Comr. of the English Privateer intitled
to a Moiety of the said Brigantine and her Lading for Salvage by
reason the Brigantine was in Possessn. of the Spanish Privateer above
96 hours before she was retaken, and whether they have not Just Cause
of Appeal.

[Footnote 2: For query, on which the London agents of Freebody and
Norton (see doc. no. 154), or an admiralty proctor acting for them,
sought the opinion of eminent civilians at Doctors' Commons--Dr.
Strahan, Dr. Paul, and Dr. Andrews--for all the practitioners in the
admiralty and ecclesiastical courts were doctors, of the civil law
(D.C.L., Oxford) or of the civil and canon law (LL.D., Cambridge).]

If Capt. Norton, the Commander of the English Privateer, after having
retaken the Brigantine from the Spanish Privateer, had kept possession
of her, and Carried her safe into a British port, he and his Owners
would have been entitled to Salvage, According to the Directions of
the Act of Parliament. But as the Brigantine was afterwards taken by
another Spanish Ship, before she got into Port, and not protected
against the Enemy by Capt. Norton, it seems to me very doubtful
whether he can Claim the Salvage According to the Act of Parliament,
For Salvage is understood to be a Reward to the Recaptor, who has not
only rescued the Ship and Cargo out of the hands of the Enemy, but has
also effectually Secured the same for the benefit of the Owners, till
the safe Arrival of the Ship in a British Port, Which not having been
done in the present Case, makes me doubt of Success in an Appeal from
the Sentence.

WILL. STRAHAN.[3]

DOCTRS COMMONS, May 17, 1742.

[Footnote 3: An eminent advocate, of Scottish origin, M.A. Edinburgh
1686, D.C.L. Oxford 1709, an advocate from 1710, advocate to the
admiralty 1741-1748. As to Doctors' Commons, see doc. no. 102, note
2.]


According to the Evidence given in this Case I am of Opinn. that the
Brigantine the _Sarah_, being taken the 17th of Septemr. 1741 by a
Spanish Privateer in a voyage from Barbados, and retaken on the 26th
of Septemr. 1741 by the Privateer the _Revenge_ from Rhode Island,
commanded by Capt. Norton, and convey'd to Boston, The Captain of the
Privateer the _Revenge_ will be well entitled to Salvage for the
Brigantine and her cargo, and the said vessel having been 96 Hours in
possession of the Spaniards, the _Revenge_ Privatr. will be well
entitled to a Moiety of the value of Ship and Cargo.

The said Brigantine being seiz'd on the 4th of October by a Spanish
Merchant Ship and plunder'd will not abate the _Revenge's_ Right to
Salvage. If the Spanish Merchant Ship did actually give the Brigantine
(on the 5th of October at the request of a Spanish Priest) to Mr.
Thomas Smith, that will not barr the Salvage because such Ship could
have no property in the Brigantine. I therefore think that there's
good Reason for an appeal if this Case be truly stated.

G. PAUL.[4]

DR. COMMONS, July 10th 1742
Copy

[Footnote 4: George Paul, fellow of Trinity Hall, Cambridge, a
foundation specially devoted to the civil law, LL.D. Cambridge 1704,
vicar-general to the archbishop of Canterbury 1714-1755, king's
advocate 1727-1755.]


The Right of Salvage acquir'd by the Recapture of the _Sarah_ Brigt.
was not, I conceive, extinguished by its being taken again by the
Spanish Merchant Ship, she not being carried _intra praesidia_,[5] but
only plundered and let go. The Pretence of a Gift thereof to Captn.
Smith can have no weight, for the Spanish Mercht. acquir'd no property
by the Capture and could transfer none to Smith, who has deliver'd the
Cargo to the Owners and Freighters, to which he would have had as much
right as to the Ship. As the pretended Gift could transfer no
property, it could extinguish no right which had been acquir'd by the
_Revenge_, Except as to such part of the Cargo as was taken away by
the Spaniard. But the Owners and Company of the _Revenge_ are
intitled to a Moiety of the full Value of the Ship and Cargo, as she
arriv'd at Boston, without any Deduction, and I am of Opinion that
there is just ground of Appeal from the Sentence given in the Court of
Admiralty there.

J. ANDREWS.[6]

Copy.

[Footnote 5: "Within the places of safety", such as ports or fleets.
"Movable goods carried _intra praesidia_ of the enemy become clearly
and fully his property, and consequently, if retaken, vest entirely in
the recaptors. The same is to be said of ships, carried into the
enemy's ports, and afterwards recaptured". Bynkershoek, _Quaestiones
Juris Publici_, lib. 1, ch. 5.]

[Footnote 6: For Andrew; John Andrew, fellow of Trinity Hall, LL.D.
Cambridge 1711, chancellor and judge of the consistory court of the
diocese of London 1739-1747. He must have had a profitable practice,
for he left £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 the
uncertainties of transatlantic correspondence that letters were often
sent in duplicate, as here, where a copy of the letter of June 10 is
enclosed in that of July 17. The London agents of Freebody were the
firm of Wilks, Bourryau, and Schaffer, merchants.]

                     LONDON June 10th 1742.
Mr. John Freebody.   Copy per Capn. Jones.

_Sr._

We have receiv'd yor. favours of the 7th and 11th Decemr. inclosing
sundry Papers and proceedings, relating to a Tryal in the Court of
Admiralty at Boston between the Owners of the Privatr. _Revenge_ and
one Capn. Smith which we have delivered to Mr. Everard Sayer, an
eminent Proctor in the Commons,[2] who has perus'd them and taken the
opinion of Doctr. Strahan, one of the best Civilians we have, of which
we inclose you a Copy, which does not seem in yor. favour, but we
shall get anor. Doctor's Opinion on it and see what he says.[3] the
Store Bill you mention to have sent to Mrs. Harris[4] has never
reach'd her hands, which we have formerly advis'd you of, we shall do
all in our power to serve you in this Affair abot. the Appeal and hope
to receive yor. farthr. Commands, remaing. with due Respect--

[Footnote 2: _I.e._, in Doctors' Commons.]

[Footnote 3: See doc. no. 153.]

[Footnote 4: Daughter of Wilks; see note 5, _post_.]


LONDON 17 July 1742.

_Srs._

Since the above Copy of our Last have recd. yr Favors of the 22d
April. we are very Sorry to have occasion to inform you that our good
Friend and Partner Francis Wilks, Esqr., departed this Life the 5th
instant.[5] he had been in a very ill State of health for above two
years past and the whole business of the house has been transacted by
us for that time and we hope to the Satisfaction of all our Friends,
who we Flatter our Selves will Continue their Favors to us and we
Shall [be] ready to Serve you and promote yr. Interest to the best of
our Capacity and assure you with great fidelity. we have taken Doctr.
Paul's opinion ab't yr. Case which you have inclosed. it seems to be
quite the reverse of what Dr. Strahan gave and is intirely for you;
our Proctor has persuaded us to have yet another eminent Civilian's
opinion, which if in our Favor he thinks we ought to pursue the
appeal, of which shall acquaint you more hereafter. we have received
the Certificate for the Snow _St. John_, Samll. Waterhouse, which have
laid before the Navy board but have not as yet obtained a bill for the
payment of it. at this Warr time there is so much hurry at the Navy
office that we can not get any Satisfactory acct. relating to the head
Money of the Spanyards taken by yr. Privateer. we are concerned at yr.
Loss in the Man of Warr taking 15 of yr. Men.[6] it is an abominable
practice yet it is what they frequently have done and go on with.
there has been representations made abt. it at our Admiralty office
but no redress has been obtained, only a few good Words that they
would give orders to the Contrary. are pleased you got a litle ---- in
her Way home. hope you will have greater Success hereafter which Shall
be glad to hear. we Shall have a just regard to all yr Concerns under
our Managemt. as if your own, and remain with due respect

Sir,

Yr. Most oblgd. h. Sts.,

BOURRYAU[7] AND SCHAFFER.

Mrs. Harris desires to be
remembred to you. She is left
sole [heiress of?] Mr. Wilks.

[Footnote 5: "Francis Wilks, esq., a director in the South Sea
Company, died July 5." _Gentleman's Magazine_, XII. 387. He had been
agent in London for the Massachusetts House of Representatives since
1728, and for Connecticut since 1730. Hutchinson, _Mass. Bay_, II.
353, describes him as a "merchant in London who ... was universally
esteemed for his great probity as well as his humane obliging
disposition".]

[Footnote 6: Impressment of seamen.]

[Footnote 7: Zachariah Bourryau, merchant, of Southampton Row, London,
and Blighborough manor, Lincolnshire. He was of a French family
settled in St. Christopher, W.I. He died in 1752, leaving an estate of
about £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 the
examination of Francisco Perdomo Capt. of the Spanish Privateer who
being duly notified of the Trial and here in Court and being asked
what he had to offer why sentence of Condemnation should not be passed
against the said Schooner, her Gunns, Ammunition, Rigging, Tackle,
Apparel and Furniture, etc. To which he Answered he had taken several
prizes and had had them condemned and his Vessel, etc., according to
the Laws of Nations and Rules of War was a good prize and therefore he
had nothing to gainsay the Condemnation.

I therefore adjudge and Decree the said Schooner and her Gunns,
Cables, Anchors, Rigging, Sails, Tackle, Apparel, with the Slave and
her Cargo, etc. mentioned in the Libel, to be Condemned as good and
lawful Prize to and for the Use of the Captors and Owners of the said
Sloop _Revenge_ to be divided according to the Articles made between
them.

I further Decree the Owners of the _Revenge_ and the Captors to pay
the lawful Charge of Condemnation and all incident Charges.

S. PEMBERTON, D. Judge.[2]

NEWPORT July 7th 1742.

The above is a true Copy taken from the original and Compared by me.

[Footnote 2: Samuel Pemberton, merchant of Boston, son of Rev.
Ebenezer Pemberton of the Old South Church, was deputy judge of the
admiralty court in Rhode Island for a brief period in 1741 and 1742.
In the archives of Rhode Island, in a volume lettered "Admiralty
Papers, 1726-1745", there is a libel of James Allen, captain of the
sloop _Revenge_, privateer, against the Spanish sloop _St. Joseph_,
captured Mar. 1, 1743, on the north side of Cuba. But that was another
incident; the _St. Joseph de las Animas_ was a schooner.]


_156. Letters to Owner from London Agents. July 27, August 13, 1742,
February 16, 1743._[1]

[Footnote 1: Massachusetts Historical Society. A continuation of the
correspondence in doc. no. 154.]

                    LONDON 27th July 1742.
Mr. John Freebody                       1 p.c.
                    Copy per Ellis

_Sir_

Since the foregoing Copy of our last have not recd. any of your
favours. this serves to inclose you Dr. Andrews Opinion[2] relating to
your Capture of Smiths Brigt. which as it is of your side and agreable
to that of Dr. Paul we shall proceed in the Appeal and hope for
Success, but as their Lordships in Councill[3] will not sitt to hear
Appeals till February Next, you will have time En'o to give us your
farther Directions about it and you may depend on our Serving your
Interest as if our own. there is lately an Order come to the Navy
Office for making out bills for the hire of American transports, which
the Commrs. have promised to Comply with, so hope this will soon be
ended and we shall hearafter acquaint you with our farther
proceedings. we are with offers of Service--

[Footnote 2: See doc. no. 153.]

[Footnote 3: The commission to hear appeals generally included at this
time the whole Privy Council.]

LONDON 13 Augt 1742.

_Sir._

Confirming the foregoing Copy of our Last, are not Favd. with any of
yours. this Serves to inclose you Copy of yr Case abt. the Brigt.
_Sarah_ and the opinion of the 3 Doctors of the Civill Law. we have
given £50 Security in the Commons[4] to prosecute the affair in the
appeal before the King and Councill. we Shall in a few Days have a
Navy bill made out for the hire of the Certificate of the Snow _St.
John_ when Shall acquaint you with the neat proceeds. We are with due
respect

Sir

Yr. most hb. Servts.,

BOURRYAU AND SCHAFFER.

[Footnote 4: _I.e._, in the office of the registrar of the Lords
Commissioners of Appeal in Prize Causes, in Doctors' Commons.]

                     LONDON Febry 16th 1742/3.
Mr. John Freebody
                     Copy per Capt. Turner

_Sir_

We have recd. your favors of the 20th Octo. and 14th Decemr. with your
Power of Attorney, also copy of Condemnation and Certificate for
recovering the Kings bounty of £5 per head for the Spanish prisoners
taken by Capn. Norton on board the Spanish Scooner Privateer called
the _Joseph de las Animas_, which we have laid before the Navy Board,
but have not as yet been able to get any Satisfactory answer to this
nor the other for the _Divino Pastor_ and _Ynvincible_ Sloop which was
left with them some Months agone. these great Men in office
particularly in Warr time think themselves so much engaged in
Governmt. Affairs that they Postpone every thing else, just at their
own pleasure. We shall keep plying Constantly about 'em and hope to
Succeed one time or other. there is not as yet a day appointed for
hearing the Appeal about the Brigt. _Sarah_. We shall Vigorously
prosecute the affair and Acquaint you, in due time, with our Success.
we have Acquainted Dr. Paul and Andrews, with what you have further
mention'd about Smith the Master of the Brigt., Capt. Norton and
Compa. and Jeremiah Harriman, which hope may be of Service at the
hearing. its certain you have been very unjustly dealt by in the
proceedings of your Court of Admiralty, and are in great hopes you
will meet with redress here at home. inclosed we send you Sales of the
Freight Bill recd. on your Accot. for the hire of the _St. John_ Snow,
Capt. Waterhouse, Net proceeds being £120.18.6, have Carried to your
Credit. We heartily wish you further Success with Capt. Norton. Shure
he's a Gentn. of a fine Gallant behaviour and a just Scourge to these
Jack Spaniards and deserves publick rewards from all Merchts. and
traders that use the Seas. We are sorry to Acquaint you that Mrs.
Harris departed this Life in Octo. last after a Lingering Illness. we
have not to add but to assure you that we shall in all Concerns
observe your Interest as if our own, remaining with due respect

Sir

Yr. Most hb. Servts.

BOURRYAU AND SCHAFFER.


_157. Account rendered by a Proctor in London. February 10, 1744._[1]

[Footnote 1: Massachusetts Historical Society. It will be observed
that an appeal was an expensive process; that advocates' fees were
expressed in guineas, multiples of £1. 1s.; that the proctor felt that
he had to have a coach whenever he went to attend one of the sessions
of the court; and that "the law's delays" were abundantly exemplified.
The Lords Commissioners sat in the Council Chamber at the Cockpit in
Whitehall. Their procedure can be gathered from the printed briefs,
for appellant and respondent, which are preserved in a few American
libraries, often bearing manuscript annotations by the lawyers for
whom they were prepared. The Library of Congress has a collection of
such briefs, some 200 in number, 1751-1764, bound in four huge folio
volumes, and still ampler collections for the later wars of the
century, American and French. The library of Brown University has two
such volumes, embracing briefs in forty or fifty cases, 1780-1782.
Another collection, also bound in two volumes, formerly belonging to
Mr. Gordon L. Ford, but now to the New York Public Library, is
described by the late Paul L. Ford in the _Proceedings_ of the
Massachusetts Historical Society, XXV. 85-101, with full data
respecting the twenty-five American cases.]

John Freebody and Benja. Norton, Commander of the private Ship of War
Called the _Revenge_, the Owners of the said Ship, Ag[ains]t Thomas
Lee and John Tyler, Owners of the Ship Called the _Sarah_, whereof
Thomas Smith is Mas[te]r, the Goods therein Lately Retaken by the sd.
private Ship of War Called the _Revenge_,

In a Certain Cause of Appeal from the Vice Admiralty of the province
of Massachusets Bay.

_May 1742_

For proctors fee consulted                                    £0. 5.
For perusing the whole proceedings                               13. 4
For drawing a State of the Case for Counsel                      16. 8
For a Copy thereof for Dr. Strahans Opinion                       5.
For Dr. Strahans fee giving his Opinion in Writing             2. 2.
For Attending on him                                              6. 8
For a Copy of the Case for Dr. Pauls Opinion                      5.
For his fee giving his Opinion in Writing                      2. 2.
For Attending on him                                              6. 8
For a Copy of the Case for Dr. Andrews Opinion                    5.
For his fee giving his Opinion in Writing                      2. 2.
For Attending on him                                              6. 8
For Interposing a protocal of Appeal before a Notary              6. 8
For the Caution[2] entred into to prosecute the Appeal and
  Stamps                                                          7. 6
For the Marshalls Report                                          8.
For Entring into Bail                                             5.
For the Proctors fee praying an Inhibition and Monition and
  Surrogates fee[3]                                               6.

[Footnote 2: Security or bond.]

[Footnote 3: On application, the Lords Commissioners of Appeal, or
their deputy the _surrogate_, would issue an _inhibition_ to the judge
of the court from which the appeal had come up, enjoining him to stop
all further proceedings, and a _monition_ to transmit all the past
proceedings in the cause to them; these latter documents constituted
the _transmiss_ or _transmission_ mentioned below. Browne, _Civil and
Admiralty Law_ (ed. 1802), II. 439. Clerke, _Praxis Curiae
Admiralitatis_, tit. 57.]

_Aug't 5th 1742_

For the Inhibition and Monition under Seal and Stamps and
  Extracting                                                   2. 6.10
For the Effect of that Said Inhibition                            1.

_Nov'r 11th._

For attending when the Transmission was brought in by the
  Judge below                                                 £0. 5.
For Compounding for the process                                   5.
For Drawing a Libel of Appeal                                    16. 8
For Ingrossing the same and Stamps                                7. 8
For the Advocates fee signing the Libel                        2. 2.
For Attending on him                                              6. 8
For Returning the sd. Inhibition and Monition at the Counsel
  Chamber when a Proctor appear'd for the Appellator and
  gave in a Libel                                                13. 4
For A Copy of sd. Libel for Advise Proctor and Stamps             7. 8
Fee when Issue was Joined                                         6. 8
For Attending when the Cause was Assigned for Sentence on
  the first Assignation                                           6. 8
For Coach hire                                                    3.

_24 March [1743]._

For Attending at the Counsel Chambers when the Cause was
  Assign'd for Sentence at the next Court                        13. 4
For Coach hire                                                    3.
For drawing a Breif for Councell                               4.13. 4
For Drawing and making an Index and Abstract of the Process
  and Copy                                                     1. 6. 8
For Copys of the Opinions given by the Counsell for their Use    13. 4

_10 May._

For Attending at the Councell Chamber when the Judges Assign'd
  the Cause to be heard the next Court                           13. 4
For Coach hire                                                    3.

_17._

For the same to the next Court                                   13. 4
For Coach hire                                                    3.

_2 June._

For Attending at the Councell Chamber when the Cause was
  Assigned to be heard when their Lordships should Appoint       13. 4
For Coach hire                                                    3.

_20th Octr._

For Attending at the Councell Chamber when their Lordships
  Assign'd the Cause to be heard the 27 instant.                 13. 4
For Coach hire                                                    3.
For two Copys of the Brief for Councell and One for my Self  £ 5. 5.
For Dr. Pauls fee to Attend the Lords of the Councell etc.    10.10.
For Diverse Attendance on him                                    13. 4
The like for Dr. Andrews fee                                  10.10.
For Divers Attendance on him                                     13. 4

_27th Octr._

For Attending at the Councell Chamber when the Cause was
  heard and their Lordships pronounced Agst. the Appeal
  and Condemned my Clients in £10 Costs According to
  Stile                                                        1. 6. 8
For Coach hire                                                    3.
Paid the said Costs                                           10.10.
Paid the Reg'rs Bill                                           2. 1.{5}
For several Extrajudicial Attendance in the whole Cause        1. 6. 8
For Clark and Officers                                           10.
For Letters and Sportalage[4]                                     7. 6
                                                             ---------
                                                             £74. 9. 3

[Footnote 4: More properly, sportulage; meaning, apparently, a small
customary present or fee to a judge, Lat. _sportula_.]

Everard Sayer, 10th Feb'ry 1743[5]
Rece'd then the Contents
  EVERARD SAYER

Vera Copia per

[Footnote 5: _I.e._, 1744, N.S.]

LONDON Jan'y 31st 1746/7. I hereby do Certifie that the above is a
true Copy.

ZACH. BOURRYAU.


_158. John Tweedy's Bill for Medicines. November 8, 1743._[1]

[Footnote 1: So the document is endorsed. Massachusetts Historical
Society. The list may be taken as showing a typical outfit of medical
and surgical supplies for a privateer. The symbols used in the
manuscript for pounds, ounces, and pints are here replaced in print by
the usual abbreviations, lbs., oz., pts.]

NEWPORT, Novr. 8th, 1743.

Capt. John Freebody and Capt. Ben Norton in Co., Drs.

To Sundrys for the Privateer Sloop _Revenge_, Capt. James Allen Com'r,
Nicholas Holmes Chirurgeon, Viz.

Aq. Menth. Fort. 3-1/2 pts.            £  1. 8. 0
    Cinnamoni 1-1/2 pts.                  0. 9. 0
    Foenicl. d. 1 Bott.                   0. 4. 6
    Theriacal   1 Do.                     0. 9. 0
    Vitae       1 Do.                     1.16. 0
Sp. Sal. Volat. oleos. 6 oz.              0.15. 0
    Armoniac 8 oz.                        0.16. 0
    Nitri dulc. 4 oz.                     0.10. 0
    Salis dulc. 4 oz.                     0.12. 0
    Vin. Rectif. 3-1/2 pts.[2]            1. 8. 0
Elixr. Proprietatis, 20 oz.               3. 0. 0
    Vitriol 3 oz.                         0. 9. 0
Essent. Stomatical 34 oz.                 5. 4. 0
Tinct. Castor. 3-1/2 oz.                  0. 8. 3
    Bezoartic 1 pt.                       2. 8. 0
    Euphorbii 4 oz.[3]                    1.12. 0
Bals. Copivi 6 oz.                        0.12. 0
    Peru. 2 oz.                           2. 8. 0
    Sulph. Tereb. 1-1/4 oz.               0. 5. 0
Syr. Papaver Diacodii 4 pts. 5 oz.        2.11. 9
    Croci 2 pts. 5-1/2 oz.                2. 7. 0
    Limonum 2 pts. 1 oz.[4]               1. 4. 0
Oleum Hyperic. 3-3/4 oz.                  0. 6. 0
    Lini 3 pts.                           0.13. 6
    Succini 2 oz.                         0. 8. 0
    Juniper. 2 oz.                        0.12. 0
    Terebinth 3-3/4 pts.                  0.15. 0
    Olivarum 3-3/4 pts.                   1. 2. 6
    Anis. 2 oz.                           0.12. 0
    Amygd. dulc. 4 oz.                    0.12. 0
Mel Rosarum 1-3/4 Pts.                    1. 1. 0
    Commun. 4 pts.                        0.16. 0
Tamarindae 4.[5]                          0.16. 0
Theriac. Andromach, 2 pts.[6]             2. 8. 9
    Cons. Rosar. rubr. 1-3/4 pts.         1. 1. 0
    Linimt. Arni. 1 pt.                   0.16. 0
Ungt. Dialth. 1 pt.                       0. 8. 0
    Populion, 1 pt.                       0.12. 0
    Basilicon 1 pt.                       1.12. 0
    Alb. Camphor. 1 pt.                   0. 8. 0
Sal Absinth. 2 oz.                        0. 6. 0
    Card. Benedict. 1 oz.                 0. 8. 0
    Prunel. 8 oz.[7]                      0. 8. 0
Sp. Vitriol 5 oz.                         0.10. 0
Elixr. Vitae 6-1/4 oz.                    2.10. 0
Philon. Roman. 6 oz.                      0. 9. 0
Diascordium 1 pt.                         0.16. 0
Pulv. Ling. Dracon. 1 oz.                 0. 5. 0
Gum Tragacanth 2 oz.                      0. 4. 0
Bez. Miner 1-1/2 oz.[8]                   0.16. 0
Emplast. Diachylon c' G. 1 lb.            0.16. 0
    Oxycroceum  1-1/2 lbs.                0. 8. 0
    Defensiv. 2 lbs.                      1.12. 0
    Paracels. 1 lb.                       0.16. 0
    Epispastic 1 lb.                      1. 4. 0
    Diapalm. 1 lb.                        0. 6. 0
    Stomach. Mag. 2 lbs.                  2. 8. 0
    Melilot. 1 lb.[9]                     0. 6. 0
Verjus 6 pts. [?]                         0. 4. 6
Flor. Chamomel 3/4 lb.                    0.16. 6
Absinth. 1 pt.                            0. 5. 0
Rad. Gentian. 1 lb.                       0. 8. 0
  Liquorit. 2 lbs.                        1. 0. 0
  Bardan. 4 oz.                           0. 6. 0
  Rhei Pulv. 6 oz.                       11. 5. 0
Lign. Guejac. 1 lb.[10]                   0. 1. 6
Ocul. cancr. praept. 6 oz.                0.15. 0
Coral. rubr. praept. 4 oz.                0.12. 0
Croc. Orient. 1 oz.                       1. 5. 0
Cinnab. Antimo. 1/2 oz.                   0. 4. 0
Conch. praept. 1 lb.                      2. 0. 0
Pulv. Jalap. 8 oz.                        2. 0. 0
  Ipecacuanh. 6 oz.                       1.16. 0
Pil. Ruffi 3 oz.                          1. 4. 0
  Catholicon 1 oz.[11]                    0. 8. 0
Tereb. Venet. 2-3/4 pts.                  1. 7. 6
Argent. Viv. 8 oz.                        1.10. 0
Antimo. Crud. 1/2 lb.                     0. 2. 6
Succ. Glyzyrrhiz. 1 pt.                   0.14. 0
Rad. Sarsaparil. 3 lbs.                   1. 4. 0
Hyssop. 1/2 lb.                           0. 2. 6
Centaur. Minor. 1/2 lb.                   0.12. 0
Extract Cass. Fistul. 2-1/4 pts.[12]      1.16. 0
a Pewter Glyst. Syringe                   5. 0. 0
Skines No. 4                              1. 0. 0
Tartar. Vitriolat. 1 oz.                  0. 4. 0
Sal Armo. 4 oz.                           0. 6. 0
Flor. Rosar. Rubr. 1/2 pt.                2.17. 0
Crem. Tart. Part. Pulv.                   1.10. 0
Resin. Jalap. 2 oz.                       2. 8. 0
Dulc. Gutt. Gamb. 1 oz.                   0. 5. 0
Sponge 2 oz.                              0. 8. 0
Cantharides 1 oz.                         1. 4. 0
Vitriol. Roman. 1 oz.                     0. 1. 3
Flores Sulphur. 1/2 pt.                   0. 3. 0
Alum. Crud. 1/2 lb.[13]                   0. 1. 0
Bacc. Juniper. 2 pts.                     0.10. 0
Resin Comun. 4 lbs.                       0. 3. 0
Lap. Calamin. praept. 1 oz.               0. 1. 0
Sach. Saturn. 2 oz.                       0. 8. 0
Cinnamom 6 oz.                            1. 2. 6
Cubebs 1 lb.                              1. 4. 0
Zinziber 1/2 lb.                          0. 1. 0
Empl. de Ranis [cum Mercurio] 1/2 lb.     0.12. 0
Rad. Serpent. Virg. 11 oz.[14]            0. 8. 3
Myrrh. Pulv. 1-1/4 oz.                    0. 6. 3
Ol. Rorismarin.  1/2 oz.                  0. 8. 0
  Lavend. 3-3/4 oz.                       2. 5. 6
Sem. Sinapios 2 lbs.                      0.10. 0
Cinnabar factit. 1 oz.                    0. 5. 0
Lith. Aur. praept. 1 lb.                  0.12. 0
Acetum 3 pts.                             0. 3. 0
Pulv. Scamo. 1 oz.[15]                    0.10. 0
Lap. Tutiae praept. 2 oz.                 0. 8. 0
Senna 1 oz.                               0. 2. 6
Rad. Chinae 1/2 lb.                       1. 0. 0
1 Sett Weights                            0. 7. 0
Conf. Alkerm. 2 oz.                       0.12. 0
  Hyacinth. 2 oz.                         1. 4. 0
Tinct. Myrrh. 9 oz.                       1. 4. 0
Syr. Rhei 6 oz[16]                        0.15. 0
6 Square Bottles                          1. 1. 0
4 qt. Bott.                               0. 5. 0
4 Blue and white pots                     0.14. 0
Tow                                       1. 5. 0
Vials and pots, 1 Doz.                    0. 8. 0
6 Doz. Corks large and small              0. 6. 6
Ras. Corn. Cerv. 6 oz.[17]                0. 6. 0
a Box                                     0. 8. 0
a Broken Red and Do. White Skin           0. 7. 0
a Mortar and Pestle                       1.13. 0
an Iron Laddie                            0. 7. 0
a Stone Coffee Pot                        0.10. 0
                                        ---------
                                        130. 2. 9

Newport June 14, 1744.
Recd. the full Contents per John Tweedy.

[Footnote 2: Spirits of mint, of cinnamon, of sweet fennel-seeds, of
treacle, aqua vitae, spirits of ammoniacal volatile oil, of sal
ammoniac, dulcified spirits of nitre and of sal ammoniac, rectified
spirits of wine.]

[Footnote 3: Elixir of propriety, of vitriol, stomach essence,
tincture of castor, bezoartic tincture, tincture of euphorbia. For the
wonderful properties of the bezoar-stone (really a concretion found in
the intestines of the wild goat, or, sometimes, a coprolite) and its
derivatives, see Eggleston, _Transit of Civilization_, pp. 64-66,
90-91.]

[Footnote 4: Balsam of Copaiba, Peruvian balsam, terebinthated balsam
of sulphur, syrup of poppy (= diacodium), syrup of saffron, lemon
juice.]

[Footnote 5: Oil of St. John's wort, linseed oil, oil of amber, of
juniper, of turpentine, olive oil, oil of anise, sweet almond oil,
rose honey, ordinary honey, tamarinds.]

[Footnote 6: Theriaca Andromachi, Venice treacle, a remedy which had
long been highly esteemed, and which comprised 61 ingredients,
according to the _Pharmacopeia Collegii Regii Medicorum Londinensis_
(London, 1747), _s.v._ See also Eggleston, _Transit_, p. 63.]

[Footnote 7: Conserve of red roses, arnica liniment, ointment of
marshmallow root, of poplar-buds, basilicon ointment, ointment of
white camphor, salt of wormwood, salts of the blessed thistle,
sal-prunella.]

[Footnote 8: Spirits of vitriol, elixir vitae, confection of opium,
diascordium, powdered dragon's blood, gum tragacanth, the mineral
bezoar.]

[Footnote 9: Plaster of diachylon and gum (c. G. = cum gummi), of
saffron and vinegar, defensive plaster, plaster of Paracelsus,
blistering plaster, diapalma plaster, compound laudanum plaster,
melilot plaster. The term "emplastrum Paracelsi", so the librarian of
the Surgeon-General's Office informs me, is not given as such in the
older medical dictionaries, and was probably not a current term; but
in vol. II. of Robert James's _Dictionary of Medicine_ (London, 1745),
extended reference is made to a plaster compounded of ammoniac,
galbanum, opopanax, turpentine, litharge, and many other ingredients,
described as "extolled to the skies by Paracelsus", and this may be
the one which Tweedy here lists.]

[Footnote 10: Verjuice, chamomile flowers, wormwood, gentian root,
liquorice root, burdock root, rhubarb root, lignum vitae.]

[Footnote 11: Prepared crabs'-eyes (= Gascoin's powder), prepared red
coral, Oriental saffron, sulphide of antimony, prepared shells,
powdered jalap root, powdered ipecacuanha, pills of aloes and myrrh,
catholicon (_i.e._, good for what ails you) pills.]

[Footnote 12: Venice turpentine, quicksilver, crude antimony,
liquorice juice, sarsaparilla root, hyssop, lesser centaury, extract
of cassia fistula.]

[Footnote 13: Vitriolated tartar, sal ammoniac, red rose petals,
powdered cream of tartar, resin of jalap, dulcified gamboge-resin,
sponge, cantharides, blue vitriol, flowers of sulphur, crude alum.]

[Footnote 14: Juniper-berries, common resin, calcined carbonate of
zinc, sugar of lead (sugar of Saturn), cinnamon, cubebs, ginger,
plaster of powdered frogs and mercury ("Emplastrum de Ranis cum
Mercurio", see Eggleston, _op. cit._, pp. 57, 58, 85), Virginian
snakeroot.]

[Footnote 15: Powdered myrrh, oil of rosemary, oil of lavender,
mustard-seed, sulphide of mercury, prepared goldstone (yellow topaz?),
vinegar, powdered scammony.]

[Footnote 16: Tutty (zinc oxide), senna, china-root, confection of
alkermes (see Eggleston, pp. 86-87), confection of hyacinth, tincture
of myrrh, syrup of rhubarb.]

[Footnote 17: Filings of hartshorn.]


_159. Account for the Revenge. June, 1744._[1]

[Footnote 1: Massachusetts Historical Society.]

The Sloop _Revenge_, Dr.

1744, June  7th.  To the Judges fees for Condemnation,
                    etc.                                  £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 colony
1747-1760.]

[Footnote 4: Interpreter.]

[Footnote 5: _I.e._, it is concluded that the surgeon's supplies
(similar no doubt to those which Tweedy took for an earlier voyage,
doc. no. 158) should rather be deducted from the men's share, as a
proper charge on them, than charged to the whole account of the
privateer.]

Per Contra Cr.

1744, June  7th.  By Sundrys Sould at Vandeu At
                    Provdc.                             £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. The
calculations below show that, at this time, Freebody owned 11/16 and
Norton 5/16 of the _Revenge_.]


_160. Agreement: The Revenge and the Success. November 10, 1744._[1]

[Footnote 1: Massachusetts Historical Society. This, it will be seen,
was Freebody and Norton's copy of the agreement. With the aid of
documents found elsewhere, the history of the _Success_ can be pieced
out. Among the records of the vice-admiralty court at Boston there is
a thin book of "Accounts of Sales", which begins with accounts of
sales of the _Success_ and her cargo, July 22-Oct. 7, 1743, from which
it appears that she was a British vessel, recaptured from the enemy by
the privateer bilander _Young Eagle_, John Rous commander, the same
privateer that brought in the _Amsterdam Post_, with its former
lieutenant now commander (doc. no. 128, note 9). Then, in the Rhode
Island archives, "Admiralty Papers, 1726-1745", pp. 63-82, we have the
libel and other papers in the case of James Allen of the _Revenge_ and
Peter Marshall of the _Success_ against the _Willem_ galley (see doc.
no. 161), which shows one of the successes of this joint cruise to
have been that, on Mar. 16, 1745, in the Old Bahama Straits, the two
associates took the ship _Willem_, sailing under Spanish colors and
under the command of Cosme Zeggrayne (Zegarain), but which originally
was a Dutch ship, commanded by Pieter Couwenhoven.]

Memorandum of Agreement indented made and concluded upon the Tenth Day
of November in the Eighteenth year of the Reign of our Sovereign Lord
George the Second, King of Great Britain etc., Annoq. Dm. One thousand
Seven hundred and Forty Four, Between John Freebody and Benjamin
Norton, both of Newport in the County of Newport in the Colony of
Rhode Island, etc., Merchants, Owners of the private Man of War Sloop
_Revenge_, whereof James Allen is Commander, of the one part, and
William Read, Jonathan Nicholls and William Corey, all of Newport
aforesd., Merchants, and Robert Hazzard of Point Judith in South
Kingstown in the County of Kings County in the Colony aforesaid,
Yeoman, Owners of the private Man of War Sloop _Success_, whereof
Peter Marshall is Commander, the other part, Witnesseth, That the
Owners of the said Sloop _Revenge_ and the Owners of the said Sloop
_Success_ do hereby Mutually Covenant, promise and Agree that the said
Two Sloops or Vessels, Captains, officers, and Companies belonging to
them, shall Unite, Assist each other and Concert together for and
during their whole Voyage and until their return to Newport aforesaid,
During all which time One third part of all Vessels, prizes, prize
Goods, Money and whatsoever other Benefit or advantage shall be made
during the said Voyage until their return to Newport aforesaid, either
in Company or seperately, shall remain to the Use and benefit of the
Owners belonging to both the said Vessels to be equally shared and
divided between them According to the Articles belonging to both the
said Vessels. And further that if either of the said Vessels happens
to be disabled so as to be unfit for her Cruising or proceeding the
said Voyage, then the other of the said Vessels shall assist in
getting her into any of such port as shall be most convenient for her
in Order to refit for her Cruise again.

And also that if the said Vessels shall at any Time during the Voyage
aforesaid happen to part from each other by Stormy Weather or
otherwise and either of them happen to be Shattered, damnified or
unfit to proceed her Cruise aforesaid, she shall make the best of her
way to some Convenient Port, where she shall be immediately repaired
and fitted out again on her Cruise, and the Captain, Officers and
Company belonging to her shall Use their Utmost endeavours to find her
Consort and continue their Cruise until both the said Vessels arrive
at Newport aforesd. (The Danger of the Sea excepted), And also that if
either of the said Vessels happens to be lost in any Engagement or
otherways each Vessels Owners shall Share and divide as herein
beforementioned, And also that in Case any of the Men belonging to
either of the said Vessels happens to loose a joynt or joynts, Limb or
Limbs in any Engagement, such person so loosing the same shall be paid
out of the whole of each Vessel of what shall be taken during their
Cruise aforesaid.

And Lastly, for the true performance of all and every the Covenants
and Agreements herein beforementioned the said parties hereunto do
bind themselves unto the other of them and to the Heirs Executors and
Administrs. of the other of them in the penalty or Sum of Twenty
thousand pounds Sterling Money of Great Britain, firmly by these
presents (The Danger of the Sea only excepted). In Witness whereof the
said parties to these presents have hereunto Interchangeably set
their Hands and Seals the Day and Year within written.

Sealed and Delivered

               WM. READ.
JOHN COOK.     JONTH. NICHOLS.
SILAS COOKE.   WILLIAM CORY.
               ROBERT HASZARD, JUNR.


_161. Inventory and Appraisement of the Prize Willem. June 8,
1745._[1]

[Footnote 1: Massachusetts Historical Society. The _Willem_ Galley, a
Dutch vessel trading between Amsterdam and Curaçao, was seized by a
Havana privateer on charges of smuggling, was then retaken by the
_Revenge_ and _Success_, cruising together in consequence of the above
agreement, doc. no. 160, carried into Rhode Island, and condemned as a
prize by the vice-admiralty court there. An appeal was taken. The
briefs presented in the case when it came before the Lords
Commissioners of Appeal seven years later, Nov. 30, 1752, are in the
collection of such briefs mentioned in note 1 to doc. no. 157 as
belonging to the New York Public Library, and are described by Mr.
Paul L. Ford in Mass. Hist. Soc., _Proceedings_, XXV. 99. The question
was, had the _Willem_ become a Spanish ship. The Lords Commissioners
restored it to the appellants, Pieter Couwenhoven and other Dutch
subjects. The respondents were Capt. James Allen and others; one of
their two advocates was Dr. George Hay, afterward Sir George Hay,
judge of the High Court of Admiralty.]

Inventory and Appraisement of the Prize Ship brought into this port by
Capts. Allen and Marshall with her Cargo.

The Ship with her Appurtenances etc.                      £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. 6
4524 Hides             Wt. Nt. 103877 lb. at 16d.          6925. 2. 6
  33 Tons of Wood and 6 Hundred at £45 Ton                 1498.10. 0
   9 Packs and 1 Cask of Indigo Wt. Nt. 1191 at 18s.       1071.18. 0
   3 Chests with some Carpenters and Coopers Tools
       and old Iron                                          30. 0. 0
  16 Small Boxes of Chocolate                                47. 0. 0
   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 in
an animal's hide.]

[Footnote 3: Kegs of the blue powder used by laundresses.]

In a Chest.

   2 pr. Stockings and pr. Mittens                            5. 0. 0
   1 Bag of Segars[4]                                            5. 0
   2 Skins                                                      10. 0
   8 ps. Dowlas[5]                                           80. 0. 0
   1 ps. Table Linnen                                        45. 0. 0
   6 ps. Silk and Cotton Stuff at £9                         54. 0. 0
   1 pr. Fustian Breeches, 6 prs. Sleezes and 2 pr. Cotton
       Stockings in a Bag                                    12. 0. 0
   1 pc. Coarse Linnen                                       16. 0. 0
   4 pc. check'd Linnen                                      32. 0. 0
   1 pc. Striped Do.                                         20. 0. 0
   1 red Skin                                                 1. 0. 0
   2 pc. Cambrick                                            40. 0. 0
   1 pc. Fustian                                             10. 0. 0
   1 Coarse Table Cloth and 2 Napkins                         1. 0. 0
   1 Box of Glass                                             1. 0. 0
   2 Large Pewter Plates or Dishes                            4. 0. 0
   1 Mettle Salver                                              15. 0
   1 Brass Coffee Pot                                         1. 0. 0
   3 Pewter Measures                                            15. 0
24243 lb. of Varinas[6] Tobacco in Packs at 20d.           2020. 5. 0
37127 lb. of Tobacco at 8d.                                1237.11. 4
44 Ozs. and 16 p.w. Gold at £24 p. Oz                      1091. 4. 0[7]
463 Ozs. and 12 Gr. Silver at 33s. p. oz.                   764.
                                                         ------------
                                                         £61631.12. 2

[Footnote 4: Up to 1800 cigars were almost unknown in the continental
colonies; North American smokers used pipes. In the West Indies,
however, where Columbus in his first month encountered the cigar, and
in South America, the cigar was the customary form and the pipe was
almost unknown.]

[Footnote 5: Dowlas was a coarse fabric of linen; fustian, mentioned
just below, of cotton.]

[Footnote 6: Varinas is a district in Venezuela from which came a
tobacco especially good for the making of cigars.]

[Footnote 7: This sum should apparently be £1075 4s. Also, the sum
total, below, is not quite correct; but, even in depreciated Rhode
Island currency, it was a sum worth contending for in prize courts.]

Given under Our Hands at Newport this 8th Day
  of June 1745.

Signed by
  WM. STRENGTHFIELD.
  WM. MUMFORD.
  GEORGE WANTON.

[Endorsed:] An Acct. of Dutch Ship _William_
            Cargo a Prize.


_162. A Proctor's Account. 1745._[1]

[Footnote 1: Massachusetts Historical Society.]

Zachariah Bourryau Esqr. Dr. to John Smith.

Foster Cunliffe Esquire[2] and others Owners of the Ship Called the
_Angola_[3] whereof George Smithson lately and Philip de Anieta
afterwards was Master and her Tackle, Apparel and Furniture and Also
of the Goods, Wares and Marchandize Laden therein Agt. James Allen
Commander of the Private Ship of War _Revenge_ and James Wimble
Commander of another Private Ship of War _Revenge_.[4]

[Footnote 2: Foster Cunliffe (1682-1758) was one of the chief
merchants of Liverpool, if not indeed the chief, thrice mayor, "a
merchant whose sagacity, honesty, and diligence procured wealth and
credit to himself, and his country", says his monument in St. Peter's
Church--and one of the first to appreciate and utilize the advantages
of the African slave trade. H.R. Fox Bourne, _English Merchants_, II.
55-57; Enfield, _History of Liverpool_, p. 43.]

[Footnote 3: The _Angola_ (the name indicates a ship engaged in the
African trade), on her way from Jamaica to Liverpool, had been
captured by the Spaniards and then retaken. Gomer Williams, _The
Liverpool Privateers and the Liverpool Slave Trade_, p. 659. For the
law in such cases, see doc. no. 150, note 8.]

[Footnote 4: Enclosed in a letter of Rear-Adm. Sir Chaloner Ogle to
the Privy Council, Feb. 19, 1744, is one of Dec. 3, 1743, from "James
Wimble, captain of the English privateer _Revenge_, lately cast away
upon Hispaniola". _Acts P.C. Col._, VI. 260.]

In a Cause of Appeal from the Vice Admiralty Court at Rhode Island to
the Lords Commissioners of Appeal for prizes.

_Aprl. 1745._

For Proctors retaining fee                                    £0. 6. 8
For Attending Several times at the Admiralty Office and
  looking up the Proceedings                                     13. 4
For Attending before the Lords and Exhibiting for the parties
  Appellate when the Cause was Assign'd for Sentence and
  Informacon next Court day                                    1. 6. 8
Coach hire and Expences                                           6. 0
For Compounding for the Process and Attending                  1.18. 8
For Perusing the Process                                         13. 4
For making answers and Abbreviating the Acts                   1. 6. 8
For Copies for Council                                           16. 8
Acts of Court                                                    10. 8
Clerks and Officers                                               2. 6
Sportulage                                                        2. 6
                                                              --------
                                                              £8. 3. 8
                                                              --------

Trinity Term 1745

Term fee                                                          6. 8
For drawing A long Allegation in Acts of Court                   13. 4
For a Copy of a long Allegation in Acts from the Adverse
  proctor                                                        10. 8
For a fair Copy of the whole for the Court                       13. 4

_July 15._

Attending at the Cockpit when their Lordships decreed
  Restitution of the Ship and Goods paying one Moiety
  for Salvage                                                  1. 6. 8
Coach hire and Expences                                           6. 0
For Attending upon the Register and Settling the Interlocutory
  Order                                                        0. 6. 8
Register Bill for Order of Court                               1.16. 8
Acts of Court                                                    13. 4
Sportulage                                                        6. 8
                                                             ---------
                                  Total                      £15. 3. 8

JOHN SMITH

London January 31th 1746/7 I hereby do Certifie, that the within is a
true Copy of the acct deliver'd me by Mr: John Smith Proctor, witness
my hand

ZACH: BOURRYAU.


_163. A List of Gunner's Stores._[1]

[Footnote 1: Massachusetts Historical Society.]

Gunners Stoors

  8 Barrels of Powder
 50 dubbel headed Shot
500 lb of Musket Baals for great guns and Swivel and small Arms
  6 bunches of gun Match
  6 lb of fine Brimstone
  3 lb of Saalpeter
  2 lb of Rossin
  5 quire of Cathress[2] Paper
  8 quire of White Paper for Small Arms, Cathress
    One hand Vice
  4 Ladels for the great Guns
  2 Ladels for the Swivell guns
500 Iron Shot for the Swivel guns
    Scheat Led for the guns
400 hundred of Flints
 12 thomkans[3] Swivel guns
  6 thomkans for great Guns
  4 gunners handspeak[4]
  5-1/2 lb of brown thred
  2 dozen of Cathress Needels
  6 Sail Needels and 2 plaats[5]
  4 Schains of twine 2 Lines for thomkans
  6 Schains of Maarlen[6]
  6 blocks for gun takels and 24 fadem of roop for guntakels faals[7]
  3 Caases for Powder flaaks[8]
  2 fyles and 4 bitts for the guns
  2 Iron Schouranrod[9] for the Small Arms
    To thousand off pump heals
    Half a Gallon of Sweet oyle

[Footnote 2: Cartridge.]

[Footnote 3: Tomkins, old form for tampions, the plugs set in the
muzzles of cannon.]

[Footnote 4: Handspike.]

[Footnote 5: Plates.]

[Footnote 6: Skeins of marline, soft line used for seizings.]

[Footnote 7: 24 fathom of rope for gun-tackle falls.]

[Footnote 8: Flasks.]

[Footnote 9: Scouring-rods, ramrods.]


_164. Suggestions as to plundering Hispaniola._[1]

[Footnote 1: Massachusetts Historical Society. Inserted as a specimen
of a kind of information, useful to marauders, which privateers often
brought home. The fragment is undated, but it is one of the papers of
the _Revenge_, presented to the society by Professor Norton, and is no
doubt of the same period as those which precede. It relates to the
French or western part (now Haiti) of the island of Hispaniola; for
the war with Spain which had begun in 1739 had widened in 1743 into a
war with France also, the "War of the Austrian Succession", which
continued till 1748.]

The Tradeing Vessells from France that comes to Highspanyola puts in
At St. marks where They Sell Some part of their Cargo payeble in
Indego from thence they go to Lugan, Pettygouas, and queldesack[2] to
Sell The Remainder of their Cargo and Load with Sugars and then Return
to St. Marks, to Take in their Indego. their is a plain that is Called
Lertibonnee[3] adjoyning to St. Marks. The Inhabitants have Two or
Three Hundred negros a peice. The plantations Lye near the water Side
and it is Very Easey Landing and no fortafacations. in Sending of a
man a Shore That can Speak french to the negro Houses to ask to Speak
to the negro Commander promise him his freedom and a Little money. by
that means he will Bring all the negros to the water Side. If your
Intent is to Cruce off Cape francoy,[4] Mr. Granshon merchant Their
Expects a Sloop from Portobello[5] The Latter End of august or the
Begining of Sepr. which went from their Richley Loded aboute Three
months ago, and is Expected Home with one Hundred and fifty Thousand
Peices of Eight on Board. Their is allways Vessells comeing to Buy
Goods at the Cape from the Havannah, Carthagena and Portobello, which
bring their money to buy the Goods.

[Footnote 2: St. Marc is in the middle coast of Haiti, at the east
side of the great bay that indents the island from the west. Léogane
and Petitgoave lie at the south side of that bay. The Cul-de-Sac is
the great plain, then famous and rich for sugar, which lies north of
Port-au-Prince, at the southeast corner of that bay.]

[Footnote 3: L'Artibonite.]

[Footnote 4: Cap François, now Cap Haïtien, on the north coast of
Haiti. It was the capital of French St. Domingo.]

[Footnote 5: At the Isthmus of Darien.]

and If you are Desirous to know how affairs are at the Cape you may
put a man ashore that is quallafyed at the poynt above the Fort at the
mouth of the Harbour which is called Laurosh Uptecoly[6] where their
is a Very good Landing place and where he will find a main Road four
mile Distance from the Cape. If it should be Demanded of Him who he is
and where he came from, That he is a Conotur[7] and that he comes from
Dechonse and is a Seeking to put himself In partnership with Some
person to go a fishing. If you are Intended to Cruce off St. Luce[8]
you may be sure that their will Sail Eight or Ten Ships from thence
the Latter End of august or the Begining of Septr. which Some of them
to my Certain Knowledge will Have a Considerable Quantaty of money on
Board. aboute the middle of Lillavash[9] Steering towards the Shoar
Between a Small Town Called Lacoy[10] and another Town Called Turbeck
their is a Landing place called Levieuxbourk where you will See a
Single House by the water Side where their Lives a Cooper that has
told me Several Times that he was Very Desirous to go and Live among
the English. address your Self to Him and He will Direct you how to
get the negros off the Neighbouring plantations which Lye near the
water Side and no fortefacations. Inquire their for Mr. Kennotts House
who Trades Largly with the English and Tell him that you Have got
Flower, Beef and negroes to Sell on Board. you anchoring at Lillavash,
He will Come and Bring other Inhabetents on Board to Trade with you
and by that means you may Keep them and make them Pay a good Ransome
for their Visitt.

[Footnote 6: La Roche au Picolet.]

[Footnote 7: Canoteur, canoe-man.]

[Footnote 8: St. Louis, on the south side of the western or Haitian
end of the island.]

[Footnote 9: L'Ile à Vache, a small island lying off the shore a few
miles southwest of St. Louis.]

[Footnote 10: Les Cayes, perhaps better known as Aux Cayes, now a town
of some importance on the south shore of Haiti, some ten miles west of
St. Louis. Torbeck and Le Vieux Bourg, next mentioned, are near it.]




THE _PRINCESS OF ORANGE_.


_165. Record of Trial (Libel, Bill of Sale, Owner's Letter, Bills of
Lading, Declaration, Affidavit, Portledge Bill, Depositions). June 11,
1741._[1]

[Footnote 1: This record, in which are embedded a variety of documents
characteristic of privateering procedure, is from pp. 163-183 of a
volume of records of the vice-admiralty court held in Philadelphia,
1735-1746, now preserved in the office of the clerk of the U.S.
district court in that city. The only other records of that
vice-admiralty court known to be still preserved are contained in a
second volume comprising (a) records of that court, 1748-1757 (mostly
1748-1751), (b) records of the state court of admiralty, 1776, and (c)
records of the U.S. district court, 1789-1795. The vice-admiralty
court was apparently held in a room over the market-house at Third
Street. David Paul Brown, _The Forum_, I. 264.

The story of the Spanish or Dutch snow _Princess of Orange_ may be
further illustrated from the pages of Franklin's paper, the
_Pennsylvania Gazette_, of Thursday, Apr. 9, 1741. "Friday last
arrived here a Spanish Snow laden with Wine, taken at Aruba, and sent
in by the _George_, Capt. Drummond, of this Port. She came from
Teneriffe, and had a Pass from the Dutch Consul, but no Dutchmen on
board: On Account of this Pass, the Governor of Curasoa sent out a
Vessel to demand the Prize of Capt. Drummond, but he refus'd to
restore her, fir'd at the Dutchman and beat him off. Before the Taking
of this Snow, Capt Drummond had taken two Sloops, one was sent into
Jamaica and condemn'd there, the other being a good Sailer, he has
fitted out for a Tender, with 30 Men, and Arms suitable, under the
Command of Capt. Sibbald; she is call'd the _Victory_. On the 16th of
February, the _George_, the _Victory_, and the Prize Snow, being in
Company off Hispaniola, were chas'd by two Men of War, which they
suppos'd to be Enemies; the _George_ and _Victory_ left the Prize, and
she was taken; but the _Victory_ falling in with the Grand English
Fleet two Days after, found they were English Men of War, who had
taken the Prize, and she was restor'd to Capt. Sibbald, by Order from
Admiral Vernon. The _Victory_ convoy'd her thro' the Windward Passage,
and return'd to look out for the _George_, from whom she Parted in the
Chase."

The _Gazette_ of May 28 chronicles the arrival, May 24, of the sloop
_Victory_, Sibbald, and gives an account of a glorious fight, May 15,
in which Capt. Sibbald, attacked simultaneously by a Spanish ship and
sloop, had beaten both off. His owners rewarded his valor with a
present of a silver-hilted sword. The _Gazette_ of June 4 adds, "This
day arrived the _George_ Privateer, belonging to this Place, from
Jamaica. Capt. Drummond, who commanded her, died on the Passage". See
also _Memorial Hist. Phila._, I. 246, 247.]

At the Court of Vice Admiralty held at Philada. for the Province of
Pensilvania the 11th day of June in the fifteenth year of the Reign of
our Sovereign Lord King George the Second, Annoque Dom'i 1741.[2]

[Footnote 2: The reign of George II. began on June 11, 1727;
accordingly June 11, 1741, was the first day of his fifteenth year.]

Before the Hon'ble Andrew Hamilton, Esqr., Judge of the said Court.

A Libel exhibited by John Sibbald[3] formerly Lieut. now Capt. of the
Sloop of War named the _George_ was read in these words.

[Footnote 3: Later in the war Sibbald greatly distinguished himself in
a privateering voyage in command of the _George_ (cruising in company
with the _Joseph and Mary_, refitted prize, in 1742) and of the
_Wilmington_. _Memorial Hist. Phila._, I. 247; _Pa. Mag. Hist._, I.
247, XXXII. 466. In the next war he was commander of the province's
frigate _Pennsylvania_, from 1757 to 1759. _Pa. Archives_, III. 190,
658. The ships' register of the port of Philadelphia shows the sloop
_George_, of 50 tons, John Sibbald owner, sailing out on this present
voyage Nov. 12, 1740. _Pa. Mag. Hist._, XXIII. 513.]

Pensilvania, in the Court   To the Hon'ble Andrew
  of Vice Adml'ty             Hamilton, Esqr., Judge
ss.                           of the Court of Vice Admiralty
                              for the Province
                              of Pensilvania.[4]

[Footnote 4: Andrew Hamilton the elder (1676-1741), the most famous
lawyer of Pennsylvania, defender of John Peter Zenger, constructor of
the State House (Independence Hall), speaker of the assembly
1729-1739, was admiralty judge from 1738 to 1741. He died a few weeks
after this trial, Aug. 4, 1741. For a sketch of him, see _Historical
Magazine_, XIV. 49-59.]

John Sibbald, now Captain and Commander of the Sloop of War named the
_George_, of the Burthen of Fifty Tons, mounted with twenty-four guns
and now riding at Anchor in the Port of Philadelphia, gives the Court
here to understand and be informed, That the Sloop afd. was equipped,
victualled, fitted out and armed at the proper Costs and Charges of
himself and others, owners of the said Sloop, Inhabitants of this
Province and Subjects of his present Majesty George the Second, King
of Great Britain, France and Ireland, Defender of the Faith, etc. and
that Seth Drummond, late of Philada., Mariner, deceased, then being
Captain and Commander of the said Sloop, was on the eleventh day of
Octr. one thousand seven hundred and forty duly authorized and
commissioned with the same Sloop as a Vessell of War or Privateer to
Take, Seize, make Prize of or destroy any of the Ships, Vessells,
Goods or Effects of the King of Spain or belonging to any of his
Vassells or Subjects or others inhabiting within any of his Countrys,
Territories or Dominions.[5] That He the sd. Seth Drummond, being so
authorized and Commissioned with his Marriners, Sailors and Soldiers
on board the said Sloop, afterward (that is to say) Between the first
day of January in the year of our Lord one thousand Seven hundred and
forty[6] and the first day of April one thousand Seven hundred and
forty one, on the High Seas and within the Jurisdiction of this Court
did discover, pursue, apprehend and as lawfull Prize did take from the
Subjects of the said King of Spain and others inhabiting within his
Countries, Territories and Dominions who then were and still are the
open and declared Enemies of his said Majesty King George, One Vessell
commonlly called a Snow of the Burthen of Eighty Tons or thereabout,
and one Cannoe, with their Tackle, Furniture and apparel, together
with the Ladings of the sd. Snow and Cannoe, consisting of One hundred
and Seventeen Pipes, Ten Hogsheads and two Quarter Casks of Wine the
growth and Product of the Island of Teneriffe, one of the Territories
of the said King of Spain, fifty and Six marble Mortars and nine
dropping Stones, and two Negro men, which Snow, Cannoe, Wine and
Negro's, Mortars and Stones, at the times of their several Captions
were belonging to and the Right and property of the Subjects of the
said King of Spain and others inhabiting within his said Countries,
Territories and Dominions, who were and are the open and declared
Enemies of his said Majesty King George. Wherefore the sd. John
Sibbald, for himself and the other Owners of the sd. Sloop, prays
this hon'ble Court, the premises being proved, That the sd. Snow, Wine
and Negroes may be adjudged and condemned for the Use of the Owners of
the sd. Sloop and other the Captors aforesd. as lawfull Prizes and
Purchase of War according to the Laws Marine, Laws of Nations and
Customs of War.

JOHN SIBBALD.

[Footnote 5: The letter of marque, dated Oct. 11, 1740, is recorded in
this same manuscript volume, p. 143. It names Seth Drummond captain,
John Sibbald lieutenant, William Dowell (see under June 23, below)
master.]

[Footnote 6: 1740 by old style, the new year beginning Mar. 25; by new
style, 1741. The capture of the _Princess of Orange_ took place Feb.
24, 1741, N.S. (Feb. 13, O.S.), near Aruba.]

Whereupon Proclamation was made, If any one hath ought to say why the
Snow, Wines, etc. in the sd. Libel ment'd ought not to be condemned as
lawfull Prize, let them come forth and they shall be heard. And none
appearing to do this, The Court adjourned till Saturday the 13th inst.
at 10 o'clock.

_June 13th._ The Court met.

The Libel read and Proclamation made a second time and Juan Milidony,
the late Master of the said Snow, being sent for comes into Court, and
John Jordan and Patrick Orr, Persons well skilled in the Spanish
Language, were sworn faithfully to interpret between the Court and the
sd. Milidony as also faithfully and truly to translate all such Papers
relating to the Capture and Prize aforesd. as shall by the direction
of the Court be laid before them for that purpose, as well on the Part
of the Captors as on the Part of the Claimers if any such shall
appear.

The Judge then informed the said Milidony of the Mode of proceeding to
be observed by the Court and ordered all the Papers taken in and with
the said Snow to be produced. Which being done, notwithstanding the
sd. Milidony did not offer or give the Security required of a Claimer
by the Act of Parliament, The Judge permitted him to view and point
out any Papers he pleased in order to satisfy the Court that it was no
lawfull Prize; which he did without alledging or so much as
insinuating the Loss or Embezilment of any Papers.

The Judge then directed that the Preparatory Examinations should be
taken, and translations made of the material Papers in order for
Tryal.

Accordingly _June 23d_, the Proofs being prepared,

The Court met

The Libel read and Proclamation made a third time. William Dowell,[7]
Sworn, says That upon the Death of Capt. Drummond he succeeded as next
Officer in the Command of the _George_ and took possession of the
Prizes Papers and that he hath exhibited the same all into Court
without addition, subduction or Embezilment to his knowledge.

[Footnote 7: Captain William Dowell died in 1768, _aet._ 49, "a good
husband, a sincere friend, and an honest man", so says his tombstone
in Christ Church yard. He had an important part in the privateering
expeditions from Philadelphia in this war. In the _Memoirs_ of Peter
Henry Bruce, chiefly occupied with his service in the Russian army
under Peter the Great, but ending with a narrative of military
engineering services in the Bahamas and South Carolina, that author
gives an account (pp. 403-408, 421) of the capture of two rich Spanish
prizes in September, 1742, "by John Sibbald of the _George_ schooner,
and William Dowall, of the _Joseph and Mary_ sloop, both privateers
from Philadelphia", who brought them into New Providence; and he
vehemently accuses Governor Tinker of defrauding them and their
Philadelphia owners by machinations lasting all through that winter.
"All our Privateers", he adds, "intended to have made this place their
general rendezvous; but the treatment Sibbald and Dowall met with,
prevented any from coming near us". Later, May, 1744, the journal of
William Black shows Dowell as again commander of the _George_
schooner, 14 carriage and 18 swivel guns, then fitting out in the
Delaware; and in 1746 he commanded the _Pandour_ privateer. _Pa. Mag.
Hist._, I. 247, XXXII. 465.]

Then the Proofs were exhibited as follows, viz.

1. A True Translation from Spainish to Inglish of Mr. John Malidoni's
Bill of Sale of the Snow _Princess of Orange_--

Be it Knowen that I John Melidoni, of the Dutch Nation, residing in
this Village and Port of Sta. Cruz de Teneriffe, Grants and
a[c]knowledges by this prest. Bill of Sale that I do now and forever
really and effectually from hence forward sell and bequeath unto Mr.
Peter Doscher, junr. of said Dutch Nation, Mercht. in this expressed
port, To and for him and whomsoever he may represent, a Dutch[8] Snow
named the _Princess of Orange_, burdening (a little more or less) one
hundred Tuns, with her Masts, yards, Cables, Rigging, anchors and
other adherences or Necessarys that shall be found on board of her
and contained in the Inventory that I have delivered to the Buyer,
which are my property and free from Mortgages and other Ingagements,
which I came by and bought after the Conclusion and end of a Process
which was carried on in the Court of Admiralty before Mr. Peter Joseph
Ferrer, one of the Notary Publicks of this Island, Sub-delegated by
the intendent General of Marine in Cadiz, first officer of said
Admiralty Court,[9] as appear by a Certifacation thereof, to which for
the firmness of this Instrumt. (this day dispatched at my request) I
reffer. this I do for the Condsid[er]ation and price of one thousand
and five hundred Dollars Exrs.[10] of eight royals of plate each, and
In conformaty to an agreemt. concluded between us for sd. Snow, and I
do hereby acknowladge the said Buyer has given and paid me the above
mentioned Sum in ready usefull Currt. mony of this Island, and whereas
sd. money's are really and Effectually in my Possession and were not
Delivered me in the Presence of a Notary Publick that he might give
faith thereof, I Confess myself to be contented, Satisfied and to have
my intire Satisfaction, reced. Said Sum, and therefore revokes and
renounces the Laws of Delivery's, Payments and all others that might
be in my favour, and for the Said Sum of one thousand five hundred
Dollars I do here in due form give him my full recept and aquittance.
I declare them to be the just Valuation and true Price specified in
sd. Inventory of Sd. Snow and all annexed and appertaining to her. And
I further Declare, that they are not worthe more, and that if at
prest. or at any other time they should be seen and Deemed to be of
greater Value, be it much or little, I do hereby freely and actually
give and bequeath it to said Byer and his heirs, and renounces all
rights and titles thereunto, and all Laws and Customs that might give
me any right or Title to them, and so resignes the whole Propertey I
had in them and Transfer it unto him the said Buyer and his heirs,
that he, they or any other Person he shall name, may administer, owne
and Govern her as he shall think Proper, and I give him full power and
faculty to comprehend his Possession when and as he pleases, and
untill he takes it I constitute myself the Possessor, ready and
willing to Deliver whenever he shall demande her; and as the real
Seller of Said Snow, I oblidge myselfe, personal Estate and moveables
that I Possess or may hereafter Possess, for his Peacable Possession
of her, and I give his Majesties Justice and Judges full Power to
oblidge me so to do, and that with the Same authority as they can do
in Cases and Causes already Sentenced. And I again renounce all the
Laws and Customs in my favour and makes this Bill of Sale in due form
in this Village and port of Sta. Cruz de Tenerife the 13th December
1740. The maker of this Instrument that I the Notary Publick, do give
faith, Knows, and that he Sayed, I freely Grant and Sign this in the
presance of the Witnesses Don Arnoldo Vane Stemfort, Consul General of
said Dutch Nation in this Island,[11] Peter Dufourd and John Anthonay
Ganancho, all Livers in this Village. John Melidoni's, made before me
Joseph Vianes de Sales, N. Publick. Agrees with its original made in
my office and remains in my Register, to which reffers and Sign

In Testimony of the Truth

JOSEPH VIANES DE SALES.

N.P.

[Footnote 8: Originally Irish; see the testimony of Gaspar Fajardo,
below, 9.]

[Footnote 9: Under Spanish law, at this time, cases of prizes taken on
the high seas fell under the jurisdiction of the _intendente general
de marina_ for the nearest district, with appeal to the council of
marine.]

[Footnote 10: It is probable that the original read "dollars of
exchange", in which Spanish reckonings were sometimes made. They were
inferior dollars, worth only about four-fifths as much as the standard
Spanish or Mexican dollar. "Eight royals of plate" means eight reals
of silver.]

[Footnote 11: Appears also in doc. no. 142, as do also Dufourd and the
notary Joseph Vianes de Salas.]

We underwritten Certify that Joseph Vianes de Sales, before whom it
appear the above Instrument was made, is a Notary Publick of this
Village, and that faith and Credit is and has been given to him and
his Instruments and we now give testimony of the Same.

FRANS. BETOM LONALT.       PETER JOSEPH FERRERA, N.P.K.
SANIONY BIMENTEL, N.P.K.   ROGUE FRANS. PENEDO, N.P.K.

2d. A True Translation of Mr. Peter Doscher's jun's. Letter wrote in
French from Sta. Cruz de Teneriffe To Mr. Mestre in Curacao, viz.

STA. CRUZ DE TENERIFFE, the 7th Ocbr. 1740.

Mr. Mestre.

_Sir_,

The Bearer hereoff by Gods assistance will be Capt. John Melidoni,
Commander of the Snow _Princess of Orange_, which I take the Libertay
to address you with her Cargo and here Inclosed you'l find Invoice and
Bill of Lading for the Same made in your favour, or in your absence to
Messrs. Rodier and Le Cire, and I beg of you, Sir or Gentlemen, that
you will be Pleased to make the most you possibly can of them. this is
for a Tryal and if it Turns to Acct. shall Continue more Largely
hereafter.

The 50 pipes marked A.R. are Numbred on there heads from No. 1 to 50,
and are made wines to Imitate those of Madera's, and are in Cask of
the Same Largeness and Fabrick and I asshure you of a good Quality.
The 30 pipes marked V.P. are on the Lies;[12] they are the wines we
Call heare Vidono,[13] there pipes larger then those of the Maderas. I
beg you'l procure me the best Sales you Possibly can for the whole 80
pipes; be it eather for Mony or in barter of some other goods that may
be Pres[en]ted and without Limiting you to any Thing, for I am
Confidant you will have my Interest at heart as if your own. Pray Open
a Seperate Acct. for the 30 pipes marked V.P., for Possibly I may
Resign the Amount of them over to an other person, but in that case
you'l be Pleased to Detain 450 Dollars in your hands for there
freights at the rate of 15 Dollars each Pipe and 5 p. Ct. more for the
Average[14] on the freight of them, that you'l please to pay the
Capn., that is to Say only the Meer 5 p. Ct., for the 450 Dollars must
be Clear of all Charges, and that altho they Came to hand full or
Empty. if they Sell for Money must deliver the Money, if in Barter
deliver the Comoditys you barter them for, not omiting to detain there
freights and joyining it to the Acct. of the 50 pipes.

[Footnote 12: Lees.]

[Footnote 13: Vidonia, a dry canary.]

[Footnote 14: A payment which owners of goods made to the master, in
proportion to their consignments, for his care of the goods.]

The remainder of the Cargo belongs to the Capn. here Inclosed you'l
find a writing or Bill of Sale made before a Publick Notary of the
Vesels being Sold to me, which I Judge proper to Send that no
Difficulty's may arise in the Sale of the Vessel, and for that end I
also Enclose you my power of Attorney, that you might act as you Shall
Judge Proper and in Vertue of them I beg you'l Please to use your
outmost indeavours to Dispose of her. She Cost me, put to Sea, 2000
Dollars, however you may Let her go if can do no better for 1300
Dollars or less, if the Capn. is willing; altho it appears as if She
belonged entirely to me, he's half concerned in her so that you'l
Please to act in conformity with him in Sale of her. if you Sell her
pay him his half of the neat Produce of what she sells for, and the
other half must be joyned to the Neat proceeds of the 50 pipes before
mentioned, and to make one Acct of them. Pray also pay Said Capn. 195
Dollars and no more for the difference of freight due to him according
to our Contract.

Supose you cannot Possibly Sell the Vessel (which I again Earnestly
begg you'l indeavour to do) must then Procure her a freight and Partly
load her out of the Neat Proceeds of the wines and procure the residue
of her Cargo from your friends. in this Case you and the Capn. will be
Pleased to contribute Each one half of the Charges the Vessel will be
at to Set her out to Sea, not omiting a Passport from your
Governor[15] Such as he now has from the Dutch Consul here. you are to
give the Capn. necessary instructions for his Voyage. if it Should be
for Amsterdam, you must address both Vessal and Cargo to Mr. Petter
Doscher, and if for any other Port may Consigne her to whom you
Please, ordering the Produce of both freight and Effects to be remited
to Said Mr. Doscher of the Capital you intend to Passe into his hands
that he might if Should be thought proper cause it to be Insured. if
the Capn. Should die in the Passage (which God forbid) you must then
after the arrivall of the Vessell put in one to your Satisfaction and
also procure the Sale of his 45 pipes of Malvasia[16] and Vidono
wines, and Remit there Neat proceeds with a Seperate Acct. to said Mr.
Doscher, and in Case I should not resign over the Amt. of the Said 30
pipes V.P. you must also remit there Net proceeds and a Seperate Acct.
to said Mr. Doscher, and joyn the 450 Dollars to the Acct. of the 50
pipes. You are to pay one half of the mens wages and the Capn. the
other half, deducting what they have recevd. as p. Said Cap's.
Catalogue. In short, altho I notte you all these Circumstances yett I
beg your Principall imply[17] may be in the Sale of the Vessel for as
much as she will fetch, and Persuad the Captn. that it is his Interest
if he rightly Considers the Charge of Victualing and seting her out
for a Voyage to Holland, to which I begg your Particular attention.

[Footnote 15: The Dutch governor of Curaçao.]

[Footnote 16: Malvasia (Gr. Monemvasia) was a town on the southeast
coast of Greece. The term malvasia wine, or malmsey, was originally
used of a wine coming from that locality, but afterward, as here, of
certain madeiras.]

[Footnote 17: Employ.]

Enclosed you'l find a notte of what the mens wages amount to monthly
and so also a paper in Vertue of which you'l make the Capt. pay you
120 Dollars. I begg you'l Lett me know via Holland or per first
Opertounaty the Success of this Enterprise. interim I remain with
Humble Submission

Sir

Your Most Humble and obt. Ser't,

P. DOSCHER, Junr.

3d. Invoice of the following pipes of Wine laden for my acct. and
risque to the Island of Curacao upon the Dutch Snow called the
_Princess of Orange_, Cap. John Melidoni, and to the Consignation of
Mr. Mastere, In his absence to Messrs. Rodier and Lecier Dwelling
there, Markt as in the Margent--

M.R. No. 1-50  Pipes of Vidonia Wines In Casks as they are at the
                 Island of Madeira, Drawen from the Lees.

V.P. 30        Ditto. upon the Lees in Casks of this Island being
                 Larger then those of Madeira. these Last are to
                 pay 450 ps. of 8/8 Freight, which Freight Mony
                 you are to retain out of the Sales and folow my
                 orders therewith.

C.M.           18   Pipes of Vidonia             }
  Z.            3   Do. Malmsey                  }
  Z.            1   Do. Malmsey in 2 half pipes  } These pipes of
  Z.            1   Do. Malmsey in 4 Qr. Casks   }  Wine are the
  C.           15   Do. Vidonia                  }  property of
  D.N.                                           }  Capt. John
  I. 45-1/2                                      }  Melidoni.
  C.                                             }
  D.N.          5   Do. Malmsey.                 }
    O.          2-1/2  Do. Malmsey               }
              125-1/2  pipes Vidonia and Malmsey }
                   wines.                        }

STA. CRUX, THENERIFFE, 16th Xber[18] 1740.
   Errors Excepted
     P. DOSCHER, Junr.

[Footnote 18: December. All these dates written in Teneriffe are
new-style dates.]

4. Translation of one Bill of Lading, viz:

I John Mellidoni, Master under God of my Ship named the _Princess of
Orange_, now Laying ready at the Island of Theneriffe, to sail with
the first good and fair Wind God shall Send, to Sail for the Island of
Curacao, where my rightfull discharge is to be.

I acknowledge to have recd. under the Deck from you, Mr. Peter
Doscher, junr.

M.R. Fifty pipes of wine

V.P. Thirty pipes of wine, all Dry and well conditioned and marked as
in the Margent, all which I promise to deliver if God Grants me a Safe
Voyage with my Ship at Curacao aforesaid, to Mr. Mestre, and In
absence to Messrs. Rodier and Lecier, or to his Factor or Deputy,
paying me for the freight thereof according to agreemt., with avaridge
according to the Custom of the Sea, and to fulfill what is aforsaid,
I bind my Selfe, all my goods, and my said Ship, with all her
apparell. In testimony whereof I have Sign'd 4 Bills of Lading with my
name, or my Clerk in my behalf, all of one tenour, one whereof being
fullfil'd the other to Stand void. written in Sta. Crux upon the
Island Theneriffe the 16th Xber 1740.

Insides and Contents unknown.

JAN MILIDONY.

The Translation of the Substance of 2 other Bills of Lading viz--

1st.

1. DCN.         18 pipes Vidonio wines of the outward marks.[19]
2. C M.          5 pipes Malvasia wines in whole pipes 2 half pipes
3. C M.              and 4 quarter Casks
the residue Z.   1 Bag of venice Thread buttons
                 2 quarter cask Vidonio of the first mark
                 1 Bar'l. of Raisons and figs
                 8 Distil Stones
                60 Stone Mortars
                 1 Bag of Venice thread buttons cont'g 504 gross

All Shipped By Capn. John Milidoni on bourd the Dutch Snow Call'd the
_princess of Orange_, whereof he is Mr. and are for his proper Acct.
and Risk, Consigned to himself, in his Absence to Mr. Mastre and in
the absence of both to Messrs. Rodier and Le Cire In Curacao.

2d.

DCN.             15     pipes Vidonio wines of the without mark.[19]
DCN.              7-1/2 idem Malvasia wines in 5 whole pipes and
                          5 half pipes of the without mark.

[Footnote 19: _I.e._, with marks like those here given in the margin.]

All Shipped by Capn. John Milidoni on board the Dutch Snow Called the
PRINCESS OF ORANGE whereof he is Mas'r. and for Acct. of the new
Company in Venice[21] Consign'd to himselfe, in his absence to Mester,
and in the absence of both to Messrs. Rodier and LeCire in Curacao.

[Footnote 21: Not identified.]

5. Translation of Anthony Pereda's Declaration.

Declaration of Anthony Pereda Stower of the first that was loaded on
the Ship _Princess of Orange_ for account of Andrew Jayme born in the
City of Laguna[21] Eighteen or Twenty Pipes of wine, Secondly Mr.
Stephen Pereda has loaded for his Acct. thirty pipes of wine, born in
the City of Laguna I can Swear under my hand 11th of February 1740.

ANTHONY PEREDA.

[Footnote 21: San Cristoval de la Laguna, an old town on Teneriffe,
four miles inland from Santa Cruz.]

6. Translation of a Spanish paper Signed by The Spanish Seaman.

This we write to Declare that the Snow called the _Princess of Orange_
and the Cargoe belongs in truth to the Spainish Merchants, and the
Dutch Pass and Colours were only for a pretext in the affair; for
which we have Set our names in testimony of the Truth upon Oath
declaring to be forced neither by the Capn. nor any of the officers
nor by imprisonment, one the contrary have been well used. Eleventh of
February 1740.

GASPAR FAJARDO.
JOHN GONSALES YANES.
VINCENT ANTONIO.
FRANCIS RODRIGUES.
FRANCIS TABIEL.
ANTONIO PEREDA.

7. The affidavit of the Spanish Sailors taken before James Abercromby,
Judge Advocat to the Army before Carthagene.[22]

[Footnote 22: In the summer of 1740, when the expedition against
Cartagena, under Vernon and Cathcart, was being planned, Capt. James
Abercromby was made judge-advocate-general to the military forces.
_Gent. Mag._, X. 358. This was the same Abercromby who afterward
failed so lamentably as commander-in-chief of the British forces in
North America, and at Ticonderoga, 1758.]

This day personally appeared before me Captain Seth Drummond of
Philadelphia and Commander of a Privatteer Sloop Called the _George_
bringing along with him three Spainards Called Geronimo Faxardo,
francisco Roderigues, and Antonio Pereda, who being duely Sworn by the
Siegn of the Cross, being the manner of their Nation, do Depose that
on the Twenty fourth of February last past, New Stile, a little to
leward of the Island of Aruba,[23] in the West Indies, they being in a
Snow come from the Island of Thenerife called the _Princess of Orange_
and Commanded by Capt. John Melidoni Loaded with wine, were taken by
the above Capt. Drummond and they further Depose that notwithstanding
their Said Captain Melidon had a Dutch passport and wore Dutch Colours
yet in reality the Said Snow and her Cargo did belong to Spainish
Merchants in the Said Island of Thenerife, and that they had no Dutch
man on board, on the Contrary all the Crew were Spainards except the
Said Captain, the Mate, and the Boatswain, and this They Depose by the
Interpretation of David Campbell, Commisary of the Stores of war and
provisions in the Brittish army before Carthagena; being for this
Effect duly Sworn. Dated at the Camp before Carthagena this Sixth Day
of April one thousand Seven hundred and forty one and of his Majesties
Reign the fourteenth.

[Footnote 23: Aruba lies in the southernmost part of the Caribbean,
off the Venezuelan coast and west of Curaçao.]

Sworn before me JAMES ABERCROMBY,

Judge advocat to the army before Carthagene.

GERONIMO FAXARDO.
          his
FRANCISCO [X] RODERIGUES.
          mark
ANTONIO PEREDA'S mark [X]
DAVID CAMPBELL.

8. Translation of the Portlidge Bill[24] from the Spanish.

[Footnote 24: A portledge bill was a register of sailors' names and
claims for wages or allowances.]

Catalogue of the mens names and their monthly wages

Captain wages @ 30 × 8 p month commencing from the 17th Xbr. 1740.
Pursers idem  @ 20 Do.
David Guise     13 Do.
Gaspar fasado    6 Do.
Francisco Gras   7 Do.
Fran'so Roldan   9 Do.
Visente Dias     9 Do.
Francis Tabier   9 Do.
Antonio Perera   9 Do.
Juan Gordes      9 Do.
Vincente Antonio 9 Do.
                 -----

each month ps. 8/8, 130 and on acct. have received 174 Dollars as
p. Capn. Acct.

9. Court of Vice Admiralty
     Pensilvania.

Gaspar Fajardo a Native of the Island of Teneriff part of the
Territories of the King of Spain and one of the Mariners taken on
board the Snow called the _Princess of Orange_, being Solemnly Sworn
by Sign of the Holy Cross according to the manner of Adminstring oaths
in Courts of Justice within the Kingdom of Spain, Deposeth and Sayeth

That last year He sailed from the Havana and arrived at the Said
Island of Teneriffe sometime in the month of August last past. That
upon his arival, he was hired by one Captain John Melodny late
Commander of the Said Snow called the _Princess of Orange_ and one
Andrew Haymas a Native of the Said Island of Teneriffe to go a Sailor
on board the Said Snow then rideing at anchor at the Said Island. That
he was informed the Said Snow was built at Dublin in Ireland and that
she with another Vessell was cut out of the Road of Santa Cruz on the
Coast of Barbary[25] by a Spainish Privateer, brought into the Said
Island of Teneriffe, and Condemned as a prize taken from the Subjects
of the King of Great Britain and there Sold to the Said Capt.
Milodony. That he sailed in the Said Snow from the Said Island in
about two days after his arrival there from the Havana for the Island
of Curacoa; but missed that Island, and fell in with the Land of
Cora[26] and came to an anchor there. That perceveing the people on
Shore to be in some Confusion the Master let fly a white Sheet with
some red rags Sewed thereon in form of a Spanish Ensign;[27] and then
the Said Capt. Melidony went on Shoar. That the Sailors saying they
wanted victuals the said Capt. Melidony went up to the Town to the
Governor or Chief magistrate and Sold him Four Quarter Casks of wine
and recived for it about Forty Dollars. That the Said Capt. Melidony
got some provisions there and afterwards returned on board the Snow.

[Footnote 25: On the west coast of Morocco; the famous modern Agadir.]

[Footnote 26: On the Venezuelan mainland, south of Aruba and southwest
of Curaçao.]

[Footnote 27: The Spanish flag bore red horizontal stripes on a yellow
ground.]

The Deponent being asked what Cargo was on board the Said Snow and to
whom the same did belong, He saith that the Snow was loaded with wines
at the said Island of Teneriffe, and that Antonio Pereda a Sailor on
Board the Said Snow who had received the Said wines on board and
Stowed them in the Vessell frequantly after the takeing of the Said
Snow informed him that eighteen or Twenty Pipes of the wine belonged
to the aforesaid Andw Haymas, and that one Stephen Pereda a Spainard
born as he beleves on the Island of Teneriffe aforesd. owned twenty
eaght or thirty Pipes of the Said wines. That the first Information he
received concerning the Said Andrew Haymas and Stephen Peredas owning
those wines was after takeing the Said Snow and from the Said Antonio
Pereda who upon Examination by the Commander of the Privateer called
the _George_, freely and without any forse or Compulsion confessed
that So much of the wines as are above mentioned, of his own Knowladge
did belong to the Said Andrew Haymas and Stephen Pereda.

And this Deponant furthar saith, the paper now Shewn and read to him
marked No. 8[28] Signed by himselfe and Six other Spanish mariners,
was Signed by them freely and without Compulsion and contains nothing
but Truth to the best of his Knowledge.

[Footnote 28: No. 6 above.]

That he heard the paper marked No. 11[29] now Shewen and read to him
and read to the Said Antonio Pereda who in the presance of the
Deponant freely and without any Constraint signed the Same and
Declared the Contents thereof to be true.

[Footnote 29: Apparently no. 5 above.]

And the English Deposition marked No. 8[30] being likewise Shewen to
this Deponant and the Contents thereof explained to him by an
Interpreter duly Sworn and qualified for that purpose,

[Footnote 30: No. 7 above.]

He deposeth and Saith, That he with the other Deponents in the Said
Deposition named did before James Abercromby in the said Deposition
named make oath to the truth of the Contents of the Sd. Deposition and
did Sign the Same in the presence of the Said James Abercromby freely
and without Compulsion and further Saith, the Said Deposition contains
nothing but the Truth to the best of his Knowledge and Belief.

GASPAR FAJARDO.

10. Court of Vice Admiralty
      Pensilvania.

Francesco Rodrigues a Native of the Island of Teneriffe and one of the
Mariners taken on board the Snow Called the _Princess of Orange_ being
Solemnly Sworn by the Sign of the Holy Cross according to the manner
of administring Oaths in Courts of Justice within the Kin[g]dom of
Spain Deposeth and Saith

That he saw the Said Snow sold as a prize at the said Island of
Teneriffe to Capt. John Milodony by order of Some Court there, but the
particular time of the Sale he cannot Remember, That He was Shipped as
a Sailor on board the Said Snow by the Said John Milodony and one
Andrew Haymas, a Spainard and Inhabitant of the said Island. That the
said John Melodony cairried this Deponant and three other Sailors
belonging to the Said Snow to the House of the said Andrew Haymas in
the said Island to receive advance wages on the Intended Voyage and
that there the said Andrew Haymas did pay this Deponent nine Dollars
for such wages and gave him a Note to pay nine Dollars more to the
Deponant's wife, and then did pay the advance wages to the other three
Sailors, all of which was done in the presance of the said John
Melidony and that the Said Andrew Haymas was on board the Said Snow at
the time of her Sailing from the Said Island of Teneriffe; and this
Deponant further Saith, that after their Departure from the Sd. Island
on their voyage to the Island of Curacoa, they missed the said Island
of Curacoa and made the Island of Tobago[31] which the Pilot said was
to windward of Curacoa. That they went from thence and fell in with
the Land at Cora where they came to an Anchor. That the people on
Shoare appearing to be in some Confusion, the Capt. Melidony hoisted a
white Sheet with some red Rags sewed thereon in form of a Spanish
Ensign, which Seemed to appease the People, and then the Captain went
ashore in his Boat and got some Provisions. That they afterward left
Cora and fell into Leeward of the Island of Aruba where they droped
Anchor at some distance from the Shoare and were there taken by the
Privateer Called the _George_. And this Depont. further Saith that in
their Voyage the Sailors on board the Said Snow did Sometimes express
their Fears of being taken by an English Privateer and that the Said
Capt. Milodony bid them not to be afraied for he had got a Dutch Pass
and Dutch Colours. That when Capt. Melidony's Sailors who were going
ashore with him in the boat to the Said Island of Aruba, saw the Said
Privateers Boat going on board the Said Snow they asked him what
Signified his Dutch Pass and his Dutch Colours if that should be an
English Privateer, to which he answered, be not afraied for my Pass
and Colours will bring us off, or Save us, and this Deponent being
asked what Cargo was on board the Said Snow and to whom the Same did
belong, he Saith, that the Snow was loaded with wines at the Said
Island of Teneriffe and that Antonio Pereda a Sailor on board the Said
Snow who had received the Said wines on board and Stowed them in the
Vessel, frequently after the takeing of the Said Snow informed him,
that eighteen or Twenty Pipes of the wine belonged to the aforsd.
Andrew Haymas, and that one Stephen Pereda a Spainard born as he
belives on the Island of Teneriffe aforsaid owned twenty-eight or
Thirty Pipes of the Said wines. That the first Information he received
concerning the Said Andrew Haymas and Stephen Pereda's owning those
wines, was after takeing the Said Snow and from the sd. Antonio Pereda
who upon examination by the Commander of the Privateer Called the
_George_, freely, and without any Force or Compulsion confessed that
So much of the wines as are above Mentioned, of his own knowledge, did
belong to the Said Andrew Haymas and Stephen Pereda.

[Footnote 31: One of the Lesser Antilles, far to the east of Curaçao.]

And this Deponant further Saith that the Paper now Shewn and read to
him marked No. 10,[32] signed by himselfe and Six other Spanish
mariners was Signed by them freely and without Compulsion, and
contains nothing but Truth to the best of his knowledge. That he heard
the paper marked No. 11,[33] now Shewn and read to him, read to the
Said Antonio Pereda who in the presance of the Deponant freely and
without any Constraint signed the Same and declared the Contents
thereof to be true. And the English Deposition marked No. 8[34] being
Likewise Shewen to this Deponant and the Contents thereof explained to
him by an Interpreter duely Sworn and qualified for that purpose, He
Deposeth and Saith, That He with the other Deponants in the Said
Deposition named, did before James Abercromby in the same Deposition
named, make Oath to the Truth of the Contents of the Said Deposition,
and did Sign the Same in the presence of the Said James Abercromby
freely and without Compulsion, and further Saith, the Said Deposition
contains nothing but the Truth to the best of his knowladge and
Belief, and this Deponent further says that the forementioned Snow
_Princess of Orange_ was navigated by Seven Spainish Seamen besides
the Captain the Pilot and one Seaman being Irish and one native
Frenchman who was most of his life in Teneriff, That the Paper now
Shewn to him marked A.[35] contains the names of the Said Seamen and
the Deponent verily belives is of the handwriting of the for said
Andrew Haymas.

          his
FRANCISCO [X] RODRIGUES
          mark

[Footnote 32: No. 6 above.]

[Footnote 33: No. 5 above.]

[Footnote 34: No. 7 above.]

[Footnote 35: No. 8 above.]

And it appearing from the whole Tenor of the Evidence, that the Said
Snow and her Cargo, were at the time of the Capture, the Property of
Persons residing in the King of Spain's Dominions, viz. at Teneriff
and Cadiz

It is considered by the Court That the said Snow _Princess of Orange_,
Wines, and all other her Cargo, are, and hereby stand Condemned as
lawfull Prize.

PAT. BAIRD, Regr.[36]

[Footnote 36: Dr. Patrick Baird was clerk of the privy council
1723-1726, 1740-1742, clerk of the admiralty 1724-1735, register of
the admiralty court 1735-1744, and deputy judge of that court
1749-1752.]




THE _YOUNG EAGLE_.


_166. Petition of John Jones. December 30, 1741._[1]

[Footnote 1: Mass. Archives, vol. 64, pp. 124-125. For the _Young
Eagle_, Captain Dumaresq, and Captain Rous, see doc. no. 128, notes 2
and 9.]

Province of the Massachusetts }
Bay December                  }
30th, 1741                    }

To His Excellency William
Shirley Esquire, Captain
General and Governour
in Chief in and Over the
Province aforesaid, And
to The Honble. His Majestys
Council of said
Province,

The Petition of John Jones of Boston in the
County of Suffolk Merchant

Humbly Sheweth

That about two Years ago One William Loud now residing in Boston went
Out in the _Young Eagle_ Privateer, Phillip Dumarasque Commander,
bound on a Privateering Voyage whereof your petitioner with others
were Owners. That the said Loud behaved himself on board in Such a
manner, that he was put on board One of His Majestys Ships of warr at
Giberalter for Mutiny, from whence he afterwards found means to run
away, and came to Boston, and applyed himself to your petitioner
telling him he could Inform him how the Officers of sd. Privateer had
greatly wronged your petitioner, That your petitioner being well
Informed of sd. Louds Actions, Mutinying and Ill behaviour on board
the said Privateer, thought proper not to Shew him any Countenance or
hear any thing he had to Say, whereupon the said William Loud then,
and from time to time Since, hath greatly abused and Insulted your
petitioner, and has vowed and threatned to take revenge on your
petitioner but for what reason he cannot tell.

That your petitioner has been Informed by Several Gentlemen of his
Acquaintance, and is well assured, that sd. Loud has twice in the
night besett your petitioners house, and there waited Several hours,
with others unknown in Order to met your petitioner going in or coming
out, and do him Some bodily hurt or take away his life, which your
petitioner is actually apprehensive of, from the many threatnings of
sd. Loud.

That your petitioner having just reason to fear that his life was in
Eminent danger applyed to Justice of the peace, and Swore the peace
against sd. Loud, but could not prevail upon any Officer to take said
Loud up and carry him before a Justice, and the reason, as your
petitioner thinks, is that they are affraid of him, he said Loud
always appearing armed with a great broad Sword, and a Number of his
Comrades with him, and Seems to bid Defiance to the Government and all
Authority; That your petitioner when he has Occasion to go abroad at
night, or come home to his house is Obliged to get a number of his
friends to be with him for fear of being Insulted, abused or killed
by sd. Loud.

That notwithstanding your petitioner obtained Leave from the
Government to beat up for Sailers to man the _Young Eagle_ privateer,
John Rous Commander, now bound on a privateering Voyage, yet the sd.
Wm. Loud in a riotous manner followed the Drum about the Town cursing
and abusing the Captain, and Several times Colloured[2] the
Lieutenant, tho' he had never Seen him before. That the sd. Loud Still
Continues to behave himself in this riotous manner, and to threaten
your petitioner with revenge either to kill your petr. or burn his
house, or both, whereby your petitioner justly thinks his life and
Interest are both in absolute danger from this Loud and his
Associates.

[Footnote 2: Collared.]

Wherefore your petitioner most humbly prays your Excellency and
honours to take this affair into Consideration and to look into the
two protests herewith presented wch. plainly Shew that sd. Loud was
Ordered on board a Man of warr for his mutinying and Ill behaviour on
board the sd. privateer, And that your Excellency and Honours would
please to Order that sd. Loud may be taken up and put on board one of
his Majestys Ships now in this Port, or otherwise to Order in the
premises, for the relief and Safety of your petitioners person and
Interest, as your Excellency and honours Shall think most proper.

And your Petitioner as in duty bound Shall ever pray, etc.

JOHN JONES.




THE _HAWK_.


_167. Vote of Privateering Crew. June 29, 1744._[1]

[Footnote 1: Mass. Archives, vol. 64, p. 252.]

Friday June 29th, 1744, at a meeting of the Captain and Officers on
board the _Hawk_ Privateer Samuel Waterhouse Comander; it was put to
the vote wether we should follow and pursue the Sloop we have been in
chase of

Content      not Content.
             SAMUEL WATERHOUSE.[2]
             JOHN CULLAM.
             THOMAS RAPPITT.
             JAMES HUDSON.
             THOMAS WALDEN.

[Footnote 2: See Boston Record Commissioners, _Reports_, XV. 33-44.]

a True Copy from the
Original vote Book belonging
to the _Hawk_ Privateer.

REYNOLDS SEAGER
Quartermaster to the
Owners of the _Hawk_.

Essex ss. Glocester Augst
the 13, 1744. then Reynolds
Seager the Quartermaster to
the Owners of the _Hawk_
pursonally appeared and gave
oath to the truth of what Is
Abov Rittn Before
  JOSEPH ALLIN[3]
    Justis Peace

[Footnote 3: Joseph Allen was the chief landholder of Gloucester.]


_168. Petition of William Ward. 1744._[1]

[Footnote 1: Mass. Archives, vol. 64, p. 254. See doc. no. 170.]

Capt. Waterhouse

_Sr_

I Hope Youll Excuse my Taking the Liberty in Writing to you. But as a
poor Creminall Confined, hopes that you and the Gentleman in the Cabin
will Pardon the abrupt Treattment, I have Used Latly, but all Owing To
a Moros Way in answering when Called: Which I Acnowledge is Not
showing agood Decoram: Sr, as for the Afair I Was Accused with last
night it was Done intirely Thro ignorance, that is that I thought I
might Speak freely without Shewing any Sedition: Sr, I must Likwise
acnowledge in Not Obeing the mastr was ill Done. Which I hope you and
the Gentlemen will freely Pardon: Sr, I am Sencible thro what I have
Done, Deserves Being Broke of my Station. Now Sr, I hope youll be so
Good as To Pardon One Who Never in this World New What it was To be
Confined. Which I Pray god grant to you: Which is Gentlemen from Your
humble Sert: To Comd:

WM. WARD.

P.S. Gentlemen I hope for the Time To Come, To be Deserving of your
favours.


_169. Deposition of John Flood and Zechariah Foss. August 3, 1744._[1]

[Footnote 1: Mass. Archives, vol. 64, pp. 245-246.]

The Deposition of John Flood and Zachariah Foss who sail'd from Boston
on the 25th of June last in the Privateer _Hawk_, Samuel Waterhouse
Commander.

The Deponents testifye that being on Board the Brigantine _Hawk_
commanded by Saml: Waterhouse, They on the 29th of June last, in the
forenoon, betwixt the Hours of Eleven and Twelve, about 40 Leagues to
the South East of Cape Briton, spied a Sloop steering northward, and
observing that she had a White Pennant out[2] they gave her Chace, and
easily outsaild her and having got within about a Mile of her the
Sloop fir'd a Shot which fell about half a mile to Leeward of the
_Hawk_, at the same time making all the Sail she could to run from us;
upon which we fired at the Sloop five times successively; our first
and second shot fell to Leeward, The third went thro' her Foresail,
The fourth went thro' both her Mainsail and Foresail, The fifth struck
her forward towards her Bow: upon which we were ordered to bear away,
(being then at the Distance of about forty Pole from her, as near as
we can judge) and as we bore away from the Sloop, we gave her three
Chears (which were return'd us) and fir'd another Gun; The Sloop in
the mean time bearing close upon the Wind in order to make her
Escape. within the Space of about an Hour after, the Company in the
_Hawk_ agreeing (all save the Captain and the owners Quartermaster) to
follow the Sloop and Engage her, We gave her Chace, but She having by
that time got to the Distance of about 3 Leagues from Us to windward,
and a thick Fog arising, we lost Sight of her by about four of the
Clock in the afternoon; we however, kept our course in pursuit of her
till the next morning, but saw her not again.

[Footnote 2: And therefore was presumed to be French.]

The Deponents further declare that the Number of Hands on Board the
_Hawk_ (including Boys to the number of 10 or 12) was one hundred and
thirty eight; That she had twelve Carriage Guns--(viz: 2 nine
Pounders, 2 six Pounders, and 8 four Pounders,) beside 20 or 22 Swivel
Guns.

That the Sloop (so far as they could judge) was of not more than half
the number of Tun as the Brigantine _Hawk_. The Number of her Men they
could not guess at, being in great Measure cover'd by a Netting, which
Surrounded them; Save that they observ'd em to muster thick on the
Quarter Deck. That not coming a Breast with the Sloop, the Deponents
could not discover the Number of her Guns, Save, that mr Flood
imagined that he saw two Carriage Guns on her Larboard side.

The Deponents further declare that they verily believe that had the
Brigantine Engaged the sloop, the former might easily have taken the
latter, and that this was the Opinion of their Company in General.

They further add, that when orders were given for their bearing off
from the Sloop, Capt. Waterhouse declar'd as a reason for so doing
that his owners enjoyn'd him not to Engage with a Privateer. But that
when it was Voted by the Company to pursue the Sloop, he appear'd well
pleas'd that the matter was so over ruled, altho' his orders were
otherwise.

The said Zachariah Foss further adds, that he heard Capt. Waterhouse
say that thenceforward he would take all the Privateers that came in
his way.

The sd Zachariah further declar'd that on the Day before the _Hawk_
sail'd from Boston, sundry Gentlemen (whom he took to be her owners)
being on Board, he heard e'm desire Capt. Waterhouse not to Engage any
Privateer, for that the Vessel was not fitted for such a purpose,
adding that should he take a Privateer, they should get nothing by it,
but Rags and Lice and broken Bones.

And the Deponents further say not.

JOHN FLOOD.
ZECH FOSS.

Suffolk, BOSTON, August 3, 1744. The above named John Flood and
Zachary Foss made oath to the Truth of the foregoing Deposition.

Before Us { S. DANFORTH     } Of the Council.[2]
          { EL'M HUTCHINSON }

[Footnote 2: Samuel Danforth was a member of the council of the
province from 1739 to 1774; Eliakim Hutchinson from 1744 to 1746, and
judge of the court of common pleas from 1741 to 1774; the latter
married Governor Shirley's eldest daughter.]


_170. Testimony concerning William Ward. August 4, 1744._[1]

[Footnote 1: Mass. Archives, vol. 64, p. 253.]

On board the _Hawk_ Privateer Samuel Waterhouse Comander, August 4th:
1744 att a Comitte of the Commander and Officers on board the _Hawk_
Privateer: James Hudson, Charles Ward and John Woodbridge, being
called as evidences against Will'm Ward Boatswain of Said Privateer,
do testifie and say that at or upon the second day of August this
instant they heard the said Will'm Ward speake in the Steeridge of Sd.
_Hawk_ that the Captain and Officers where[2] discharging the People
(meaning some of the hands) in order to put their shares in their own
Pockets, togeather with other Seditious and disrespective words.

JAMES HUDSON.
CHARLES WARD.
JOHN WOODBRIDGE.

[Footnote 2: Were.]


_171. Protest of Sailors. August 13, 1744._[1]

[Footnote 1: _Ibid._, pp. 249-251. As to protests, see doc. no. 136,
note.]

On the Thirteenth day of August Ao. Dom: 1744, And in the Eighteenth
Year of His Majestys Reign Before me Benjamin Pollard[2] Notary and
Tabellion Publick by Royal Authority duly Admitted and sworn dwelling
and practising in Boston in New England Personally Appeared the
several persons whose Names are hereunto Subscribed Sailors belonging
to the Brigantine named the _Hawk_ Called a private Man of Warr
Mounting 12 Carriage and 20 Swivel Guns and Carrying 138 Men Commanded
by Samuel Waterhouse now lying the Harbour of Cape Ann Who Severally
Declared as follows. And First these Appearers say that the said Saml.
Waterhouse in a late Cruize against the French and Spaniards Suffered
a Small French Privateer whose force did not Exceed one third of the
said _Hawk_ and which it was in his Power to have taken without risque
of his Vessell and Company, to escape after firing a few guns, by
Voluntarily Parting from him with a Salute of Three Chears; And on the
Twenty Ninth day of July last the sd. Brigt _Hawk_ being in Consort
with the Sloop _Elizabeth_ a Private Man of Warr belonging to New-York
of About 10 Carriage and 12 Swivel Guns and about 55 Men Commanded by
Thomas Barns about Twelve o'Clock of that day descry'd a ship Standing
to the Westward, the _Hawk_ then Standing to the Eastward upon which
Capt. Waterhouse bore away to the sd. sloop to Consult with Capt.
Barns (who was then to Leward) About Engaging sd. Ship, and Capt.
Barns ask'd what they Made of her, Waterhouse sd. he believed her to
be a 40 Gun Ship, to which Barns answered, if she was an 80 Gun Ship
he would See her, and then they Stood for her, the ship Still keeping
her Course And About an hour before Sun Sett that day gott within
About Three Quarters of a Mile of her, when the _Hawk_ hoisted English
Colours and fired a Nine Pound Shot at her, and the ship hoisted a
French Jack on her Ensign Staff and returned a shot, which fell Short
of the _Hawk_ and after the _Hawk_ had fired About 10 Guns and the
Ship about 17 Guns, Waterhouse Commanded his Company to desist from
firing and to bare away as fast as Possible, and Capt. Barns (who then
lay to Windward by order of sd. Waterhouse) very Much Blamed
Waterhouse's Conduct in leaving her and said that he (Barns) Intended
to have got under her Stern and Raked her fore and aft, and the next
Morning Saw a ship they believed to be the same but Waterhouse would
not follow her but gave Chase to a smaller Vessell Called the _St.
John_ lately taken by him, but Barns was resolved to see her and
accordingly went after her and found it was the Same Ship they had
Engaged over night And further declared That the said Capt. Waterhouse
has been guilty of a Breach of the Articles of Agreement respecting
the said Cruize by rejecting and refusing the Vote of the said
Company, That the said Waterhouse is a Man of a Moross, Froward and
Barbarous disposition having during sd. Cruize used Many of these
appearers very Inhumanely by Confining them in Irons Without any real
Cause, and is Man of no Courage or Resolution daring not to Engage any
Vessell of Equal force with his, but on the Contrary has turned his
back on them, and these appearers verily believe that with the help of
the sd. Sloop (who was Willing to Aid and Assist) the said _Hawk_
Might have taken the aforesd: Ship, That the sd: Waterhouse Often
declared on board that he had orders not to Engage any Privateer and
that he Came out to take Merchantmen and such as he could run down,
That these appearers have always acted up to their duty in their
respective Capacitys on board said _Hawk_ to the Utmost of their
Power, And for the reasons Aforesaid These Appearers have left the sd.
_Hawk_ in Cape Ann Harbour and Come up to Town and requesting me the
said Notary to Protest against the said Capt. Waterhouse and his
Cowardice, Actings and doings.

[Footnote 2: Sheriff of Suffolk County 1743-1756.]

Therefore I the said Notary At the request aforesaid did and do hereby
Solemnly Protest against the said Samuel Waterhouse and his Cowardice,
Actings, doings and Misconduct in and about the said Cruize as the
Only reason of these Appearers Coming up to Town, and for all loss,
Costs, Charges, damages and demands Whatsoever, Which they or any of
them Shall or May Suffer Sustain or be put unto by Means thereof, And
Lastly the appearers Declared that they are ready and Willing to go on
board the Said _Hawk_ Privateer and proceed in her on another Cruize
under the Command of any Captain of known Courage and Conduct. Thus
done and Protested in Boston the day and year before written

And To the truth of all which these Appearers have Severally Made Oath
and subscribed their Names.

JONATHAN TAYLOR              CHRISTOPR: COLLINS
JOHN PEARSON                 EZEKIEL PITTMAN
RICHARD ANDERSON             BENJA: BOLTER
                                     his
JOHN PEEWEY                  WILLIAM [X] BLEYTH
                                     mark
PATRICK CARNEY               WILLIAM WILLIAMS
ANDREW LEISHMAN              WILLIAM SWETT
                                   his
DANL. CALFE                  CHAS: [X] DREW
                                   mark
                                     his
JEREMIAH MOLTON              WILLIAM [X] HODGKINS
                                     mark
JOHN PALLOT                  ROBERT STANLY
JOHN THOMPSON                ADAM HOLLIDAY
RICHD. THOMPSON              STEPHEN HILLOCK
EDWD. BROOKSBY               JOHN SEAWARD
                PETER SCOTT

The aforegoing is a just and true Copy of the original Protest on
Record in My Office, Attest.

BENJA: POLLARD Noty. Pubk:
  1744.

BOSTON Augst: 14: 1744.


_172. Petition of Henry Johnson. August 27, 1744._[1]

[Footnote 1: Mass. Archives, vol. 64, pp. 256-258.]

To His Excellency William Shirley Esq. Govr. and the Hon'ble the
Councill

The Petition of Henry Johnson of Boston

Humbly Sheweth

That Mr. Detcheverie, Monsr. Darrancette, and a Boy Named Augustine,
French Prisoners taken and brought in here per Capt Waterhouse, has
Lodged and Boarded at the house of your Petr. per Order of Benja.
Pollard Esq Sheriff of the County of Suffolk, your Petr. humbly Prays
your Excellency and hon'rs will be pleased to Ascertain the Allowance
your Petr. is to receive for their Board, Washing and Lodging for
Twenty One Days, the time they have been at your Petr. house, and your
Petr. as in duty Bound Shall Ever pray

Boston 27 August 1744   HENRY JOHNSON
                            1744

[_Indorsement_]

At a Council held at the Council Chamber in Boston Fryday Octo'r 5
1744.

Read and Dismiss'd.

Monsieur Detcheverie to Henry Johnson Dr. for his Board
  and Lodging 3 Weeks at 3£                                  9. 0.0
Monsieur Darrancette to Henry Johnson Dr. for his Board
  and Lodging 3 Weeks at 3£                                  9. 0.0
For 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, who
qualified in January, 1745.]

The Same 24th January 1744.[2] 5 P.M.

[Footnote 2: _I.e._, 1745, N.S.]

Proclamation made a fourth Time, and none appearing to Claim, the
Court ordered the Proctor to Proceed to Prove the lawfull Caption of
the said Ship _Lewis Joseph_ and Snow _St. Ann_ and their Ladings,[3]

[Footnote 3: The story of the capture is also related in Benjamin
Franklin's paper, the _Pennsylvania Gazette_, Jan. 22, 1745: "On
Friday [Jan. 18, arrived] a Ship and Snow, from the _Warren_
Privateer, Alexander Kattur, and the Old _George_ Schooner, William
Dougall, Commanders, who sailed from this Port about six Weeks ago in
Consort. Seven Days after they left the Capes, in the Latitude of 31,
they met with the Ship.... She is a Frigate built Ship, of 18 Carriage
Guns, belongs to St. Malo's, and was thither bound. She is called the
_Lewis Joseph_. The Captain's Name was Piedsnoirs.... She maintained
an obstinate Fight for Five Hours, and did not surrender, till she had
received near Fifty Shot in her Hull, and was at last boarded, and the
Captain, his second Lieutenant, and four Men killed, and several of
the Gentlemen Passengers wounded. The Captain had the Character of a
Gallant Man, and, as the Prisoners say, always declared, that he would
never part with the Ship but with his Life.... The Snow is called the
_St. Anne_, Pierre Dalheu Master, bound to Bourdeaux, and was taken
two Days after the Ship. [The rich cargoes are described.] We are
daily expecting the two Privateers in."]

Whereupon the following Depositions being Produced and Read, viz.

Jacques Piegnon of St. Malo in France Mariner being Sworn

Deposeth and Sayeth

To the first Interrogatory

That he this Deponent Knows the Ship called the _Lewis Joseph_ now
riding at Anchor in this Port of Philadelphia; That in the Month of
August 1743 this Deponent contracted and Agreed with Francis Pienoir
late Captain of the said Ship and the owners thereof at St. Malo
aforesaid to enter and go as Second Captain on Board the said Ship on
a Voyage from St. Malo to Cadiz and from thence to proceed to some
port of French or Spanish America as should be agreed and resolved on
at Cadiz aforesaid; That agreeable to his said Contract this Deponent
sailed in the said Ship in quality of Second Captain to Cadiz and from
thence to Port Orient[4] in France and thence returned to Cadiz and
from thence proceeded to Cape Francois[5] in the Island of Hispaniola;
That the said Francis Pienoir was Captain and Commander of the said
Ship during the said Voyage; That from Cape Francois aforesaid this
Deponent sailed in the said Ship on an Intended Voyage for Nantz in
France and on the 26th day of Decr. last, New Stile, the said Ship
[was] attacked upon the High Seas in or near the Latitude of 31 deg.
North by two English Privateer Vessels, of one of which Captain
Alexander Kattur was Commander[6] and Captain John Dougal was
Commander of the other, but does not Know the Names of the said
Privateers but has heard that one of them was Called the _Warren_ and
the other the _George_; That the Engagement between the said Two
Privateers and the said Ship _Lewis Joseph_ continued for about five
or Six Hours; That at the Beginning of the said Engagement there were
fifty two Men in and belonging to the said Ship _Lewis Joseph_ but
four of them were Killed in the said Engagement vizt. the said Captain
Pienoir, another Captain who was a Passenger and two common Sailors,
and three of the Men belonging to the said Privateers were also Killed
in the said Engagement as this Deponent afterward heard and believes;
That at the time of the said Engagement the said Ship _Lewis Joseph_
was mounted with Eighteen Guns; That the said Ship _Lewis Joseph_ was
then taken by the said two English Privateers; That the said Captain
Pienoir and all the Mariners and Comp'y belonging to the said Ship
_Lewis Joseph_ at the Time of her said Caption were Subjects of the
French King; That the same Ship _Lewis Joseph_ was then Laden with
divers Goods Wares and Merchandizes.

[Footnote 4: Now called Lorient.]

[Footnote 5: Now Cap 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 Caption
wholly belonged to Monrs. John Petel a Merchant then residing at St.
Malo and a Subject of the French King; That part of the Goods Wares
and Merchandizes wherewith the said Ship was laden at the time of her
said Caption belonged to the said Captain and the officers of the said
Ship and the residue thereof to divers Merchts. and others at St.
Malo's, Nantz and other Ports and Places in France and that such
Owners of the said Cargo were all then Subjects of the French King.

To the third Interrogatory,

That before the said Ship _Lewis Josephs_ Departure on the said
Voyage from St. Malo, the said Captain Pienoir applyed for and
obtained from the proper Officer at the Court of France a Commission
which gave Authority to the said Captain with the Marriners and
Company belonging to the said Ship as a private Ship of War to Seize
and take any Person with their Goods and Effects who then were or
should happen to be the Enemies of the French King during the Course
of the said Voyage; That it is Customary in France for such Ships when
there happens to be an Expectation of War being Declared before their
Return from such Voyages to apply for and take out such Commissions
before their Departure, And this Deponent with the said Captain
Pienoir and the rest of the said Ships Company hearing at Cadiz upon
their Return thither from Port Orient that War was declared by the
French King against Great Britain,[7] they the said Officers and
Company belonging to the said Ship _Lewis Joseph_ looked upon
themselves well warranted and authorized by the said Commission to Act
with the said Ship as a private Ship of War against the Subjects of
the King of Great Britain and to Seize and take their Persons and
Effects; That the said Ship did not touch in any Port or Place in
France after the time of this Deponents hearing of War being Declared
against Great Britain as aforesaid; That after the said Ships
Departure from St. Malo and during the said Voyage, the said Captain
Pienoir produced and read the said Commission to this Deponent and the
Rest of the said Ships company, and that the purport thereof was to
authorise the said Captain Pienoir with his said Ships Company to
Seize and take any Pirates, Interlopers and any future Enemys of the
French King with their Ships, Goods and Effects or to that Effect, and
was to Continue in force only for the said Voyage, and that the said
Commission had a large Seal affixt to it; but what or whose such Seal
was this Deponent knows not.

[Footnote 7: The king of France (Louis XV.) declared war on Great
Britain on Mar. 15, 1744, N.S.]

To the fourth and fifth Interrogatorys,

That he, this Deponent, knows the Vessel or Snow called the _St. Anne_
in the Interrogatory mentioned and now riding in the Port of
Philadelphia; That the said Snow being laden with Divers Wares and
Merchandizes at Cape Francois Sailed from thence in Company with the
said Ship _Louis Joseph_ and was afterwards taken by the said two
English Privateers who took the said Ship _Lewis Joseph_ or one of
them as this Deponent hath heard and believes, and was brought into
the Port of Philadelphia along with the said Ship, as the Prize of and
belonging to the said Privateers but when or where the said Snow was
Attacked or taken, or who was the Captain and Commander of her this
Deponent knows not, but hath heard and believes that the Captain,
Mariners and Owners of the said Snow were all Subjects of the French
King; and to the Rest of these Interrogatories cannot Depose.

JACQUE PIEGNON.




THE _APOLLO_.


_174. Deposition of John Brown. August 2, 1745._[1]

[Footnote 1: From the same manuscript volume as the preceding, pp.
262-264. The capture is thus recorded in the _Pennsylvania Gazette_ of
Aug. 1, 1745: "Yesterday arrived the Privateer _Trembleur_, belonging
to this Port, and brought in the Scotch Ship taken some Weeks since by
the Spanish Privateer Snow off the Capes of Virginia. Captain Bowne
met with [her] East of Bermudas, bound to Laguira".]

John Brown of Holywood near Belfast[2] in the Kingdom of Ireland being
Sworn,

[Footnote 2: Holywood is four or five miles northeast of Belfast, on
the east shore of Belfast Lough.]

_1st._ To the first Interrogatory saith that he Knows the Ship called
the _Apollo_ now rideing at Anchor in this Port of Philadelphia; That
he first Knew the said Ship At the aforesaid Port about Seven Years
ago, but the Particular Time does not now remember; That he was hired
by Alexander McMullen the Commander of the said Ship on or about the
Nineteenth Day of March last past at Larn[3] in the Kingdom of Ireland
aforesaid to proceed with the said Ship as Chief Mate thereof from
thence to Virginia; That the said Ship at her Departure from Larn
aforesaid was not Laden with any Goods, Wares or Merchandizes but in
her Ballast; That the said Ship _Apollo_ in the prosecution of the
said Intended Voyage was taken as a Prize on the Sixteenth day of June
last past upon the High Seas near the Capes of Virginia by a Spanish
Privateer Snow; That the Commander of the said Privateer after he had
taken Possession of the Ship _Apollo_ brought over board her into his
own Vessel the Master and all the Men belonging to the said Ship
except this Deponent and one Boy, and at the same time put on Board
her Sixteen Mariners belonging to the said Spanish Privateer Snow;
That on or about the twentieth Day of the said Month of June the
Commander of the said Spanish Privateer caused to be laden on Board
the said Ship _Apollo_ several Goods, Wares and Merchandizes the Cargo
of a Certain British Snow which the said Privateer had taken a few
Days before; That soon after the said Goods, Wares and Merchandizes
were put on Board the said Ship _Apollo_ she was seperated from the
said Spanish Privateer; That he this Deponant was on Board the said
Ship _Apollo_ at the Time of such her seperation and saith that she
remained under the Conduct of the said Sixteen Spanish Mariners who
were put on Board her on her being first taken as aforesaid (in order
to carry her to Laguira[4] as they informed this Deponant) untill the
twelfth day of July last past when the said Ship _Apollo_ was attacked
and Retaken as a Prize on the High Seas by an English Privateer Sloop
called the _Trembluer_[5] whereof Captain Obadiah Bowne was
Commander;[6] That upon the Recaption of the said Ship _Apollo_ by the
said Sloop the said Captain Obadiah Bowne put on Board her twelve or
Thirteen Mariners in order to navigate and carry her to this Port of
Philadelphia where she arrived the first day of this Instant Month of
August and till which Time the said Deponent Continued on Board her
from the Time of her being Retaken as aforesaid.

[Footnote 3: Larne lies on the northeast coast of Ireland, some twenty
miles north of Belfast.]

[Footnote 4: La Guayra on the Venezuelan coast, the port of Carácas.]

[Footnote 5: _Trembleur_, _i.e._, Quaker. Her first appearance is in
the journal of William Black, under date of May 30, 1744: "a fine
Bermudas Sloop bought the other day for 800 pounds Sterling, and is
called the _le Trembleur_, to carry 14 Carriage and 20 Swivel Guns,
and 100 Men". _Pa. Mag. Hist._, I. 247.]

[Footnote 6: After the war was over, Bowne settled down to the keeping
of a public-house "at the sign of the _Trembleur_", at the corner of
Market and Water streets, hence long called "Bowne's corner".
_Memorial Hist. Phila._, I. 263.]

_2d._ To the second Interrogatory this Deponent saith that the said
Ship _apollo_ at the Time of his being Shipped as Chief Mate of her as
aforesaid did belong to Richard Oswald[7] and Company Merchants
residing in Glascow in Scotland and subjects of the King of Great
Britain as this Deponent was informed by the said Alexander McMullen
then Master of the said Ship _Apollo_. And this Deponent further says
that he does no[t] Know to whom the Goods, Wares and Merchandizes
taken from on Board the said Ship _Apollo_ did belong, but says that
he Knew and was well acquainted with James Bowne the Commander of the
said British Snow at the Time of her being Taken as aforesaid.

JOHN BROWN.

[Footnote 7: This was that Richard Oswald (1705-1784), Franklin's
friend, who signed for Great Britain the preliminary articles of peace
with the United States, Nov. 30, 1782.]


_175. Deposition of Diego de Prada y Nieto. August 2, 1745._[1]

[Footnote 1: From the same volume as the preceding, pp. 264-266.]

Diego De Prada y Nieto of Sevilla in the Kingdom of Spain being Sworn

3d. To the third Interrogatory Saith That he Knows the Ship called the
_Apollo_ now riding at Anchor in this Port of Philadelphia; That he
first saw the said Ship _Apollo_ on the High Seas on the Twenty
seventh or Twenty eight day of June last, New stile,[2] about the
distance of Twelve or thirteen leagues from the Capes of Virginia;
That the Persons then on Board the said Ship were Subjects of the King
of Great Britain; That the said Ship _Apollo_ at or about the place
and Time aforesaid was Attacked and Taken Prize [by] a Spanish
Privateer Snow called the _Neustra Senora De los Dellores y Animas_[3]
Commanded by Don Carlos Francisco de Bissava and Navigated by Eighty
Mariners all Subjects of the King of Spain; That immediately upon the
said Ship _Apollo_ being taken as aforesaid this Deponant with fifteen
or Sixteen Spanish Mariners belonging to the Said Spanish Snow were
sent by the said Capt. Don Carlos Francisco de Bissava on Board the
said Ship _Apollo_ whereof they took possession; That the Command of
the said Ship _Apollo_ was given to this Deponent with orders to carry
her to Laguira on the Coast of Caraccas in new Spain;[4] That on or
about the thirty first day of June last N.S.[5] the said Capt. De
Bissava caused to be put on Board the said Ship _Apollo_ sundry Goods,
Wares and Merchandizes being the Cargo of a Certain Snow taken by a
Spainish Privateer about five days before, two legues from the Coast
of Virginia, but the Names of the Owners or Commander of the said Snow
this Deponent Knows not but has heard and believes tha[t] she belonged
to the Subjects of the King of Great Britain; That the said Depont.
with the said fifteen or Sixteen other Spanish Mariners Continued in
Possession and had the Care and Conduct of the said Ship _Apollo_
untill the 23d day of July last, New Stile,[6] when she was attacked
and Retaken by an English Privateer Sloop called the _Trembleur_
whereof Capt. Obidiah Bowne was Commander; That the said Captain Bowne
immediately upon his retaken the said Ship _Apollo_ put on Board her
thirteen Men who Conducted and brought the said Ship to this Port of
Philadelphia.

[Footnote 2: A Spanish sailor would date by new style; June 27, N.S.,
was June 16, O.S., the date given in the previous deposition.]

[Footnote 3: _Nuestra Señora de los Dolores y [de las] Animas_, "Our
Lady of Sorrows and of Souls".]

[Footnote 4: Rather, in the viceroyalty of New Granada.]

[Footnote 5: June 20, O.S., according to John Brown's deposition.]

[Footnote 6: July 12, O.S. (Brown).]

4th. To the fourth Interrogatory This Deponent Saith That among the
People who were put on board the said Ship _Apollo_ by the Spaniards
there was one Mullato man who was called Limena whom this Deponent
says is a free man, and that he, this Deponent had been informed by
several and by the said Mullato himself that since the Commencement of
the War between England and Spain he was Taken and Carred in to
Jamaica and there sold as a Slave and that he run away from the
English and got among the Spaniard And this Deponent further heard
that he belonged to a Privateer Commanded by Don Pedro De Parieveck
and that having quarreld with one of the Officers on board the same,
the said Commander by a Letter desired the said Captain Don Carlos
Francisco de Bissava Commander of the said Spanish Privateer Snow
called the _Neustra Senora de los Dellores y Animas_ to receive the
said Mullato on board the same and that he was received aboard
accordingly and was to draw an equall share with the Whitemen and did
receive ten pieces of Eight Advance money being the sum the Whitemen
also receivd and the said Mullato was looked upon by the People on
Board the said Privateer as a freeman and by some of them was well
known.

DIEGO D PRADA
LONE NIETO.




THE _PRINCE CHARLES OF LORRAINE_.


_176. Deposition of Benjamin Munro and William Kipp. April 23,
1746._[1]

[Footnote 1: Rhode Island Archives, volume lettered "Admiralty Papers,
1746-1750", p. 45. Capt. Simeon Potter of Bristol (a town in
Massachusetts till January, 1747, in Rhode Island after that date) was
one of the most noted and successful of the privateers of his time.
His raid on French Guiana in November, 1744, though not enormously
profitable nor of much military importance, makes a very picturesque
story, chiefly because of the vivid account we have of it from one of
its victims, Father Elzéar Fauque, an intelligent Jesuit, who was
serving the mission at Oyapoc, and was carried away as a prisoner by
Potter when he sacked and destroyed that settlement. Father Fauque's
narrative, a letter to an officer of his society, dated from Cayenne,
Dec. 22, 1744, is in the _Lettres 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 Bishop
W.I. Kip's _Historical Scenes from the Old Jesuit Missions_ (N.Y.,
1875), pp. 153-205, reprinted in Professor W.H. Munro's _Tales of an
Old Sea Port_ (Princeton, 1917), pp. 48-93, in which Potter's life is
also told. The admiralty case arose from questions respecting disposal
of the booty. Prince Charles of Lorraine was brother-in-law of Maria
Theresa, and commanded her army against Frederick the Great. According
to Father Fauque, the privateer so named carried 10 cannon, 12
swivel-guns and 61 men. _Lettres Édifiantes_ (ed. 1819), IV. 494.]

Benjamin Munro and William Kipp of Lawfull Age Testifieth and Saith
that the said Munro was Master of the Sloope _Prince Charles of
Lorain_ whereof Simeon Potter was Commander as a Private Man of Warr
and that We took and Plundred a Small Place near Cyan[2] called
Yopock[3] and then Proceeded to Cyan where said Potters Lieutenant and
Thirty Two men Landed took and Plundred a Place called Muekell
yeau.[4] We Landed on Cyan with Ten men where We were taken by One
hundred and Thirty Soldiers where Three of Our Men were Killed and
Four wounded and then We were carried to Cyan Fort where Capt. Potter
sent a flagg of Truce on Shoar with a Fryar[5] and some Soldiers that
were taken at Yopock whereupon the Governour of Cyan[6] Immediately
gave us Our Barge againe to go on board and half an Ox for fresh
Provisions and then We went to go on board of Our Vessel but missed of
her in the Night and so We Proceeded to Surranam[7] where We were all
Put into the Fort and keept untill the Masters of the English Vessels
there Petitioned for us to Come out and in a few Dayes after Capt.
Potter arrived in the River with his Priveteer and Came up to Surranam
to the Governour[8] to Desire Liberty of him to Wood and Water but
they gave no Liberty in Ten or Twelve Dayes and then Ordered that the
English Men should bring Wood and Water on Board but the Thing was
Attended with so much Dificulty that We were Obliged to Sell some
small Plunder on board of Our Own Vessell to Defray our Charges and
also that while We were at Surranam Three of Our Slaves Ran away from
Us and that the Governour keept and Detained them from us then we
Sailed for Barbadoes in Order to Carreen and Refitt Our Vessell and
that when We came to Sea we found Five Men and no more on Board who
talked Dutch and were dressed in Sailors Apparel who did their Duty as
Such and Said that they belonged to Dutch Vessells in Surranam and
when we arrived at Barbadoes We Landed our Prize Goods and Slaves
where they were Condemned and Sold at a Publick Vendue.

BEN MUNRO.
WM. KIPP.

Bristol ss:   BRISTOL Apr. 23d 1746.

[Footnote 2: Cayenne the chief town of French Guiana. For the
pronunciation, see doc. no. 63, note 20.]

[Footnote 3: Oyapoc, on a river of the same name, lies some 80 miles
to the southeast of Cayenne, toward the Brazilian boundary.]

[Footnote 4: Macouria, a lady's plantation a little northwest of
Cayenne. Father Fauque, _ubi sup._, pp. 519-520.]

[Footnote 5: Father Fauque was not a friar, but a Jesuit.]

[Footnote 6: M. d'Orvilliers, father of the celebrated admiral of that
name. La Condamine, returning by way of the Amazon and of Oyapoc from
his celebrated geodetic expedition to Peru, had spent five months with
him at Cayenne earlier in this year. _Relation Abrégée_, pp. 209-214.]

[Footnote 7: The Dutch then possessed both what is now Dutch and what
is now British Guiana. In 1744 their possessions constituted three
colonies, Surinam, Berbice, and Essequebo, of which Surinam, the
present Dutch Guiana, was the most important. The fort spoken of was
at the capital, Paramaribo.]

[Footnote 8: Jan Jacob Mauricius, governor of Surinam 1742-1751; see
account of him in Harris and de Villiers, _Storm van 's Gravesande_,
II. 538-539.]

Personally appeared the above named Benj'n Munro and Will'm Kipp,
(being bound to Sea), and made Oath to the truth of the above written
evidence: taken in Perpetuam Rei Memoriam before us two of his Majs.
Justices of the peace in and for the County of Bristol:[9] Quorum
Unus,

JONA: WOODBURY.
JOSEPH RUSSELL.

[Footnote 9: At this date a county of Massachusetts. With this
narrative we can compare Captain Potter's own brief account of the
affair, as given in the _Pennsylvania Gazette_ of Feb. 19, 1745, being
an extract from a letter written by him to his owners, sent to that
journal from Newport: "We came to an Anchor at Y'opoch River, took a
Craft by which we had an Account of a considerable French Settlement
up that River, with a Fort of six Carriage Guns and 50 Soldiers,
excluding Officers: We went with the Prisoners we took into the Craft
(bound) before us as our Guides: At one o'clock in the Morning we
landed a small Distance from the Fort, gave three Huzza's and entred
the same Sword in Hand, took it without the loss of one Man, kept
Possession thereof 8 Days, took in Plunder 9 Indians, 2 Negroes, a
Mulatto Wench, 50 Small-Arms, 5 Casks of Powder, and a small Quantity
of Plate, and took 10 Prisoners. We then steered for Surinam and sent
up for Liberty to refit, but were refused by the Governor thereof: How
far this is consistent with the Treaties between England and Holland,
I for my part must leave to others to determine."]


_177. Deposition of Daniel Vaughan. September 1, 1746._[1]

[Footnote 1: Rhode Island Archives, volume lettered "Admiralty Papers,
1746-1750", following doc. no. 176.]

Daniel Vaughan, late Lieutenant the Sloop _Prince Charles of Lorain_,
Capt. Simeon Potter, on a Cruising Voiage Anno 1744, on oath declared
that an Indian man Named Jeffery Potter was one of the Hands of said
Sloop during her Cruize; that on said Cruize the Sloops Company made
an Attack on a French Settlement called Yapoke and took out of said
Settlement Seven Indians, three Negroes, twenty large Spoons or
Ladles, nine Large Ladles, one Gold and one Silver hilted Sword, one
Gold and one Silver Watch, two Bags of Money the Quanty uncertain, a
number of Chest and Trunks of Goods and Merchandize and waring
apparell, a Number of Gold Rings, Buttons and Buckles, a Number of
Silver Candlesticks and Church Plate both Gold and Silver,[2] a Number
of Swords, about Sixty small arms for Cannon, Shot of all Sorts, about
Fifty halfe Barrals of Powder, a Quantity of Beafe, Flower and other
Provisions and Sundry other things wch. this Deponent cannot
enumerate; that after the taking of said Goods etc. from Yapoke sd.
Sloop and Company sail'd for Surrinam where Capt. Potter put a
Quantity of sd. Merchandize up at Vendue on board a Vessel in the
Harbour and purchased the most of them himself and ship't them to
Rhode Island on his own account; then said Sloop Sailed for Barbadoes
on wch. passage the men demanded that Capt. Potter would Share the
Money taken, according to the Articles, to which Capt. Potter
answered that he would share none until his Return for all the Men
were indebted to the Owners more than that amounted to and Swore at
and Damn'd them threatning them with his drawn sword at their Breasts,
which Treatment Obliged the Men to hold their Peace and when said
Sloop arrived at Barbadoes Capt. Potter without consulting the Men put
part of the afore mentioned Effects into the Hands of Mr. Charles
Bolton and kept the other part in his own Hands and Supply'd the Men
only with Rum and Sugar for their own drinking, and further this
Deponent saith that Capt. Potter refusing to let the men have their
Shares and his Ill Treatment of them by beating them occasioned about
twenty-four to leave the Vessel whose Shares Capt. Potter retained in
his Hands and further this Deponent saith not. DANIEL VAGHN. Sworn to
this 1 Day of September A.D. 1746, Capt. Potter not notified living
out of the Government, befor EBEN'R RICHARDSON Just: apece.[3]

[Footnote 2: Father Fauque greatly laments the loss of these.
Professor Munro, _History of Bristol_, p. 180, says that some of the
silver which Captain Potter brought home from Oyapoc is still in the
possession of descendants of his family.]

[Footnote 3: Bristol had not yet become a part of Rhode Island.
Ebenezer Richardson was a justice of the peace in Newport; _R.I. Col.
Recs._, V. 335. Thomas Ward was elected secretary of the colony of
Rhode Island in May, 1747 (_ibid._, V. 215).]

A true Copy as one file in the Case Patd. agst. Potter examd.

by THO. WARD, Clk.




THE _ELIZABETH_.


_178. Deposition of William Dunbar. May 7, 1747._[1]

[Footnote 1: Rhode Island Archives, same volume as the preceding, p.
15. This deposition follows in that volume the libel of John Sweet of
Newport, commander of the privateer _Defiance_, against Paas's sloop,
captured by him.]

Novemb'r 26th 1746 Being at the Island Orcheilla[2] in Company with
Captn. Rous in the _Trelawney Galley_ of Jamaica, Saw a Sloop coming
from the Eastward, at 9 P.M. took her, they Informed us it was the
Sloop _Elizabeth_, John Paas Mastr. from Martinico, were Bound and
belonged to Curacoa, Cargoe Sugar and Coffea. when John Paas came on
board the Privateer all the Papers he Could produce was a Sea Brief[3]
and a Paper containing an accot. of the Cargoe he then had on Board,
we Inquired for the rest of his Papers, he answered he had left them
in Martinico, we told him such mistakes were not at all likely, and
therefore must Send him into Port. he made Use of many horrid
Imprecations, and many times offered to Swear, his Vessell and Cargoe
was a Dutch Property and that neither french nor Spaniards were anyway
Concerned in either. when we Told him he must go in his Sloop for
Rhode Island, his answer Generally was, what Signifies my going with
the Sloop without my papers, do but first lett me go to Curacoa and
furnish myself w'th papers and then I will follow my Sloop. and his
Sloop being Leaky we Concluded to heave her down and stop her leaks
before we Sent her homeward. after we had Cleaned her and got the
Cargoe on Board, found Concealed in the under part of the Boats
Chock,[4] a Sett of french Papers Expressing who the Cargoe belonged
to. John Paas Imediately retracted what he had formerly Said,
Acknowledged that Vessell and Cargoe did belong to the french. Some
time afterwards we had Some discourse Concerning the Illicit Trade
that is Carried on by the Inhabitants of Curacoa. John Paas Told me a
Sure way of knowing a real dutch Vessell and Cargoe from a Counterfeit
one, which is by a paper Carried by all Dutch Vessells (but wanted
where french or Spainards are Concerned) expressing the Owners and
Master Name, where bound to, a Particular account of all the Cargoe on
Board.[5] this Paper is Sworn to by the Owners, afterwards Signed by
the Governour and other Officers, with the Island Seal affixed to it.

WILL. DUNBAR.

[Footnote 2: Orchilla, a small island in the Caribbean, north of
Venezuela and 200 miles east of Curaçao.]

[Footnote 3: See doc. no. 129.]

[Footnote 4: Blocks of wood, shaped to the under side of a boat, on
which a boat rested when on the deck of a ship.]

[Footnote 5: See doc. no. 128, note 12.]

The above Eviden[ce] was sworn to in Court
the 7th Day of May 1747.

       *       *       *       *       *

_179. Petition of Edward Winter. May, 1749._[1]

[Footnote 1: Mass. Archives, vol. 64, pp. 333-335.]

Province of the   } To his Excellency William Shirley
Massachusetts Bay } Esqr. Govr: and Commander in
                    chief in and over sd. Province[2] the
                    Hon'ble the Council and House of
                    Rep'ves in General Court Assembled
                    May ---- 1749.

[Footnote 2: Shirley was governor of Massachusetts from 1741 to 1756.
His correspondence, edited by Charles H. Lincoln, has been published
in two volumes by the National Society of the Colonial Dames of
America.]

The Petition of Edward Winter of Boston Blacksmith Humbly Sheweth,

That in the Year 1744 there were nine persons committed to the County
Goal[3] in Boston, being charged with committing divers acts of
Piracy, Hostility etc. on the high Seas and soon after they were put
into Goal, they attempted to get off their Irons and make their Escape
but being discovered were prevented, and thereupon your Petr: was
ordered to Search and Examine their Irons several times in a week,
which he accordingly did from the 12th day of January 1744 to the 23d
of July 1746, 253 times, and charged the Province for the same the
small price of one shilling a time, amounting in the whole to £12. 13.
0 bills of the last tenor,[4] and put in his Bill to the Committee
appointed by the special Court of Admiralty who try'd said Prisoners,
to Examine the Acco'ts of Charges that had arisen on said Prisoners,
but the same was not allowed by them, they apprehending the Pet'rs
Bill sho'd be paid by the County (tho' all other charges upon 'em the
Province paid) and said Committee accordingly recommended it to the
Court of Sessions to pay the same, to whom your Petr. has since appl'd
but they absolutely refused paying it, so that your Petr. unless that
he is relieved by this Hon: Court is like to suffer greatly.

[Footnote 3: Gaol.]

[Footnote 4: Massachusetts began the issue of provincial paper money
in 1690, and continued it till 1748. Its bills of credit were
distinguished, according to the form of these promises to pay, into
three varieties: old tenor (issues of 1690-1737), middle tenor
(1737-1740), and new tenor (1740-1748). New tenor bills, here spoken
of, were at this date valued at about one-tenth of the corresponding
sum in specie.]

Your Petr. therefore prays your Excellency and Honours will be pleased
to take the premises into Consideration, and as all the other charges
were paid by the Province, he prays he mayn't be the only sufferer,
but that you'l be pleas'd to order Payment of his Acco't out of the
Treasury accordingly.

And as in Duty Bound he shall pray etc.

EDWARD WINTER.

In the House of Rep'tives June 28: 1749.

Read and ordered That there be granted and allowed to be payd to the
Petitioner Edw'd Winter out of the Province Treasury the Sum of Twelve
pounds Thirteen shillings In full for his Services In Sd. Petition
mentioned.

J. DWIGHT, Spkr.

In Council June 29 1749 Read and Concurr'd.

SAM HOLBROOK, D'ty Sec'ry.
  Consented to.
    W. SHIRLEY.[5]

[Footnote 5: The order is printed in _Acts and Resolves_, XIV. 285.]


_180. Commission of a Vice-Admiralty Judge. September 23, 1752._[1]

[Footnote 1: From the volume in the clerk's office of the United
States district court at Charleston, S.C. called "Admiralty Records of
South Carolina, Book E-F", p. 1. A commission issued to a
vice-admiralty judge, Lucas Santen, New York, 1683, has already been
inserted in this volume, as doc. no. 51, but that, besides being
issued under a proprietary, and so not wholly typical, was not a
commission to Santen _as_ admiralty judge but a special commission for
the trial of piracy. Another typical specimen, to Richard Morris, New
York, Oct. 16, 1762, may be seen in E.C. Benedict, _The American
Admiralty_, third ed., pp. 79-84; fourth ed., pp. 76-80. Benedict
states that he has also seen the commissions of Roger Mompesson, Apr.
1, 1703, of Francis Harrison, Feb. 13, 1721, and of Lewis Morris, Jan.
16, 1738, who served as judge in New York till 1762. All three were
destroyed in the fire at the Albany Capitol.]

South Carolina.

George the Second by the Grace of God of Great Britain, France and
Ireland King, Defender of the Faith, and so forth

To James Michie, Esquire.[2]

[Footnote 2: James Michie, a South Carolina lawyer, was admiralty
judge from 1752 to 1758, speaker of the assembly 1752-1754, and
chief-justice for a brief period in 1759. He died July 16, 1760. _S.C.
Hist. Mag._, X. 160. His predecessor James Graeme (also chief justice)
had died in late August, 1752.]

We, reposing especial Trust and Confidence in the Loyalty, Integrity
and Ability of you the said James Michie, and your skill and knowledge
in our Laws Civil and Maritime of our Kingdom of Great Britain as well
as of our province of South Carolina in America, have constituted and
appoint you to be Judge of our Court of Vice Admiralty in our province
of South Carolina in America aforesaid, with full Power and Authority
to sit, hear and Determine all Causes whatsoever competent to the
Jurisdiction of the said Court, To have and to hold, use, exercise and
enjoy the said Office of the Judge of the Vice Admiralty in our
province of South Carolina in America aforesaid, with all the Fees,
profits, Perquisites, Privileges, Advantages and Emoluments incident
thereto, in as full and ample manner as any of your Predecessors
Judges of the said court have holden the same.

This Commission to continue during Pleasure.

Given under the great Seal of the said Province at CharlesTown in the
Council Chamber the twenty third Day of September and in the
twenty-sixth year of our Reign 1752.

Witness our Trusty and Well beloved James Glen, Esq: Governor in Chief
and Captain General in and over our said Province.[3]

[Footnote 3: James Glen, a Scot, was appointed governor of South
Carolina in 1738, commissioned in 1739, came out to the colony in
1743, and was governor till 1756.]

By his Excellency's Command.

WILLIAM PINCKNEY, Dept. Secry.[4]

[Footnote 4: Maj. William Pinckney (1703-1766), deputy secretary and
afterward commissary general of the province; grandfather of Governor
Charles Pinckney. In the volume in which this commission is found, it
is indexed as James Michie's commission from Governor Glen, the
document which follows (no. 181) as his commission from England.
Sometimes, especially in the earlier period, admiralty judges in the
colonies were commissioned by the respective governors acting under
warrants from the lords of the admiralty empowering them so to do
(_e.g._, doc. no. 69); more often they were commissioned directly by
those lords, under the great seal of the admiralty. Docs. nos. 180 and
181 illustrate the two forms.]

Recorded in the Secretary's Office in
  Book II, folio 286.


_181. Commission of a Vice-Admiralty Judge. June 16, 1753._[1]

[Footnote 1: South Carolina Admiralty Records, vol. E-F, p. 55. See
doc. no. 180, note 4.]

George the Second by the grace of God of great Britain, France and
Ireland King, Defender of the Faith, To our beloved James Michie
Esquire, Greeting. We do by these Presents make, Ordaine, nominate and
appoint You the said James Michie Esquire to be our Commissary[2] in
our Province of South Carolina and Territories thereunto belonging in
the room of the former deceased, hereby granting unto you full Power
to take Cognizance of and proceed in all Causes Civil and Maritime and
in Complaints, Contracts, Offences or suspected Offences, Crimes,
Pleas, Debts, Exchanges, Policies of Assurance, Accounts,
Chartreparties, Bills of Lading of Ships and all Matters and Contracts
which [in] any Manner whatsoever relates to Freights due for Ships
hired and let out, Transport Money or maritime Usery (otherwise
Bottomary) or which do any Ways concern Suits, Trespasses, Injuries,
Extortions, demands and affairs Civil and maritime whatsoever, between
Merchants, or between Owners and Proprietors of Ships and all other
Vessells whatsoever imployed or used or between any other Persons
howsoever had, made, began or contracted, or [any] Matter, Cause or
Thing, Business or Injury whatsoever done or to be done as well in,
upon or by the Sea or public Streams, or fresh Water, Ponds, Rivers,
Creeks and Places Over flowed whatsoever within the Ebbing and flowing
of the Sea or high Water Mark as upon any of the Shores or Banks
adjoining to them or either of them, together with all and singular
their Incidents, emergencies, Dependencies, annexed and Connexed
causes whatsoever, and such Causes, Complaints, Contracts and other
the Premises abovesaid or any of them howsoever the same may happen to
arise, be contracted, had or done, To hear and determine (according to
the civil and maritime Laws and Customs of Our High Court of Admiralty
of England) in our said Province of South Carolina and Territories
thereunto belonging whatsoever, and also with Power to Sit and Hold
Courts in any Cities, Towns and Places in our Province of South
Carolina aforesaid, for the hearing and determining of all such causes
and Businesses together with all and singular their Incidents,
Emergencies, Dependencies, annexed and connexed Causes whatsoever, and
to proceed judicially and according to Law in administring Justice
therein, And moreover to compell the Witnesses in case they withdraw
themselves for Intrest, Fear, Favour or ill Will or any other Cause
whatsoever, to give Evidence to the Truth in all and every the Causes
above mentioned according to the Exegencies of the Law, And further to
take all manner of Recognizances, Cautions, Obligations and
Stipulations as well to our use, as at the Instance of any parties for
Agreements or Debts and other Causes and Businesses whatsoever, and to
put the same in execution and to cause and command them to be
executed. Also duly to search and inquire of and concerning all Goods
of Traitors, Pirates, Manslayers, Felons, Fugitives and Felons of
themselves[3] and concerning the Bodies of Persons drowned, killed or
by any other means coming to their Death in the Sea or in any Port,
Rivers, Public Streams or Creeks and Places overflowed. And also
concerning Mayhem happening in the aforesaid Places, and Engines,
Toyls and Nets prohibited and unlawful and the Occupiers thereof, And
Moreover concerning Fishes Royal, namely Whales, Hoggs, Grampusses,
Dolphins, Sturgeon and all other Fishes whatsoever which are of a
great or very large Bulk or Fatness, by Right or Custom any Ways used
belonging to us and to the Office of our High Admiral of England, and
also of and Concerning all Casualties at Sea, Goods wrecked, Flotson
and Jetzon, Lagen, Thares [?], Things cast overboard and wreck of the
Sea, and all Goods taken or to be taken as Derelicts[4] or by chance
[found or] to be found, And all other Trespasses, Misdemeanors,
Offenses, Enormities and maritime Crimes whatsoever done and committed
or to be done and committed as well in and upon the high Sea as all
Ports, Rivers, Fresh Waters and Creeks and Shores of the Sea to high
Water Mark, from all first Bridges towards the Sea, in and throughout
our said Province of South Carolina, and Maratime Coasts thereunto
belonging, howsoever, wheresoever or by what Means so ever arising or
happening, and all such Things as are discovered and found out as
allso all fines, Mulcts, amercements and Compositions due and to be
due in that Behalf To tax, moderate, demand and collect and levy and
to cause the same to be demanded, levied and collected, and according
to Law to compose and command them to be paid, and also to proceed in
all and every the Causes and Business above recited, and in all other
Contracts, Causes, Contempts and Offences whatsoever, howsoever
contracted or arising (so that the Goods or Persons of the Debtors may
be found within the Jurisdiction of our Vice Admiralty in our Province
of South Carolina aforesaid) according to the Civil and Maritime Laws
and Customs of our said high Court of Admiralty of England anciently
used, and by all other lawful Ways, Means and Methods according to the
best of your Skill and Knowledge, And all such Causes and Contracts to
hear, examine, discuss and finally determine (saving nevertheless the
Right of appealing to our aforesaid High Court of Admiralty of
England, and to the Judge or President of the said Court for the time
being, and saving always the Right of our said high Court of Admiralty
of England, and also of the Judge and Register of the same Court, from
whom or either of them it is not our Intention in any thing to
derogate, by these Presents) and also to arrest and cause and command
to be arrested all Ships, Persons, Things, Goods, Wares and
Merchandizes for the Premisses and every of them and for other Causes
whatsoever concerning the same wheresoever they shall be met with or
found within our Province of South Carolina aforesaid and the
Territories thereof, either within Liberties or without, And to compel
all manner of Persons in that behalf, as the Case shall require, to
appear and to answer, with Power of using any temporal Coertion and of
inflicting any other Penalty or Mulct according to the right Order and
Courses of the Law, summarily and plainly, looking only unto the Truth
of the fact. And we impower you in this Behalf to fine, correct,
punish, chastise and reform and imprison and cause and command to be
imprisoned, in any Gaols being within our Province of South Carolina
aforesaid and maritime places of the same, the Parties guilty and
Violators of the Laws and Jurisdiction of our Admiralty aforesaid and
Usurpers, Delinquents, and contumacious Absenters, Masters of Ships,
Mariners, Rowers, Fisher men, Shipwrights and other Workmen and
Artificers whomsoever exercising any kind of maritime Affairs as well
according to the aforesaidmentioned civil and maritime Laws and
Ordinances and Customs aforesaid and their Demerits As According to
the Statutes and Ordinances aforesaid and those of our Kingdom of
Great Britain for the Admiralty of England in that behalf made and
Provided, And to deliver and absolve, to discharge and Cause and
Command to be discharged, whatsoever Persons imprisoned in such cases,
Who are to be delivered, and to promulge and interpose all manner of
Sentences and Decrees and to put the same in Execution, with
Cognizance and Jurisdiction of whatsoever other Causes, Civil and
Maritime, which relate to the Sea or which any Manner of ways respect
or Concern the Sea or passage over the Same or Naval or Maritime
Voyage performed or to be performed or the Maritime Jurisdiction above
said, with power also to proceed in the same According to the Civil
and Maritime Laws and Customs of aforesaid Court anciently used, as
well those of meer Office Mix'd or promoted[5] as at the Instance of
any Party, as the Case shall require and seem Convenient. And we do by
these presents, which are to continue during our Royal Will and
pleasure only, Further give and grant unto you James Michie Esq., Our
said Commissary, the Power of taking and receiving all and every the
wages, fees, Profits, Advantages and Commodities whatsoever in any
manner due and anciently belonging to the said Office, According to
the Custom of our High Court of Admiralty of England, Committing unto
you our Power and Authority Concerning all and Singular the Premises
in the several places above Expressed (Saving in all the Prerogative
of our said High Court of Admiralty of England aforesaid) together
with power of Deputing and Surrogating in your place for and
Concerning the premisses one or more Deputy or Deputies as often as
you shall think fit. Further we do in Our Name Command and firmly and
Strictly Charge all and Singular Our Governors, Commanders, Justices
of the Peace, Mayors, Sheriffs, Marshalls, keepers of all our Goals
and Prisons, Bailiffs, Constables and all other our officers and
Ministers and faithful and Leige Subjects in and throughout our
aforesaid Province of South Carolina And Territories thereuntobelonging
That in the Execution of this our Commission they be from time to time
Aiding, Assisting and yield due Obedience in all things as is fitting,
unto you and your Deputy Whomsoever, under pain of the Law and the
Peril which will fall thereon. Given at London in the High Court of
Our Admiralty of England aforesaid under the Great Seal thereof the
Sixteenth Day of June in the Year of our Lord One Thousand Seven and
fifty three and of our Reign the twenty sixth.

SAML. HILL, Register.[6]

[Footnote 2: Civil law judge.]

[Footnote 3: Suicides.]

[Footnote 4: Flotsam, goods found floating on the water from a wreck;
jetsam, goods thrown overboard from a ship which has perished; legan,
heavy goods thrown overboard with a line and buoy to mark where they
have sunk; derelicts, vessels abandoned on the seas.]

[Footnote 5: _I.e._, cases where there was no one corresponding to the
plaintiff in a suit at common law, but where the judge proceeded, as
an exercise of his own duty (mere office) or on being promoted
(incited) thereto by an informer.]

[Footnote 6: Register of the High Court of Admiralty.]


_182. Warrant to try Prizes. June 5, 1756._[1]

[Footnote 1: South Carolina Admiralty Records, vol. E-F, p. 115. This
warrant is there entered in the records of the admiralty court for
Nov. 22, 1756, the judge, James Michie (see the two preceding
documents), presiding. Great Britain had declared war against France
on May 18, 1756. A similar warrant is in Anthony Stokes's _View of the
Constitution of the British Colonies_ (London, 1783), p. 280.]

By the Commissrs. for Executing the Office of Lord High Admiral of
Great Britain and Ireland etc.

Whereas his Majesty had declared Warr agt. France we do in Pursuance
of His Majesty's Commissn. under the great Seal of Great Britain dated
fourth day of this instant June (a Copy whereof is hereunto Annexed)
hereby will and require the Vice Admiralty Court of South Carolina,
and the vice Admirall, or his Deputy, or Judge of the said Court, or
his Deputy, now, and for the time being, to take Cognizance of, and
Judicially to proceed upon all and all manner of Captures, Seizures,
Prizes and reprizals of all Ships and goods already Seized and taken,
and which hereafter may be seized and taken, and hear and determine
the same and according to the Course of Admiralty and Law of Nations,
to adjudge and Condemn all such Ships, Vessels and Goods as shall
belong to France or the Vessels and subjects of the French King, or to
any other inhabiting within any of his Countries, Territories or
Dominions, and all such other Ships, Vessels and Goods as are or shall
be liable to Confiscation pursuant to the respective Treaties between
his Majesty and other Princes, States and Potentates which shall be
brought before them for Trial and Condemnation, And for so doing this
Shall be their sufficient Warrant. Given under Our Hands and Seal of
the Office of the Admiralty this fifth day of June 1756 and in the
twenty ninth year of His Majestys Reign.

ANSON.[2]
BATEMAN.
R. EDGCUMBE.

[Footnote 2: Lord Anson, the celebrated admiral, was at this time
first lord of the admiralty. The other commissioners signing were
John, second viscount Bateman, an Irish courtier, and Richard
Edgcumbe, afterward the second Baron Edgcumbe, celebrated as a
dissipated wit.]

To the Vice Admiralty Court of
South Carolina and the Vice Admiral
or his Deputy or the Judge of the said
Court or his Deputy, now, and for the
time being.

By Command of their Lordships
  J. CLEVLAND.[3]

[Footnote 3: John Clevland, secretary to the Admiralty 1751-1763.]


_183. Standing Interrogatories. 1756._[1]

[Footnote 1: From Anthony Stokes's _View of the Constitution of the
British Colonies_ (London, 1783), pp. 284-288; already in print, but
inasmuch as the most learned of American admiralty judges told the
editor of this volume that he had never seen a set of the standing
interrogatories, that were used at this period, it seems not
superfluous to print one here. Later sets, more elaborate, as used in
1798, may be found in Christopher Robinson's _Admiralty Reports_, I.
381-389, and in Marriott, _Formulare Instrumentorum_ (London, 1802),
pp. 130-148. Since in civil-law procedure witnesses were not examined
orally in open court, but all testimony was obtained in the form of
written depositions, it was advisable in prize proceedings, in order
that examinations might be thorough and searching, to employ standard
sets of questions, ready-made. Anthony Stokes (1735-1799), from whose
book the present specimen is taken, was an English or Welsh lawyer,
practised law in Antigua and St. Christopher 1763-1769, and was
chief-justice of Georgia, 1769-1776, 1779-1782, then retired to
England as a loyalist. His book contains many specimens of documents
used in proceedings before the vice-admiralty courts in the colonies.]

_Antigua._             _Interrogatories_ administered to
                       witnesses _in preparatorio_, touching
In the Court of Vice   and concerning the seisure and taking
Admiralty.             of a certain Schooner, named
                       _Princess of Orange_, alias _Flying
                       Fish_, whereof Casparus Wyneburgh
                       was Master, by the private
            Schooner of War _Mary_, whereof Edward Richards
            is Commander.

1. Where was you born, and where do you now live, and how long have
you lived there, and where have you lived for seven years last past?
are you subject to the Crown of Great Britain, or of what Prince or
State are you a subject?

2. When, where, and by whom was the schooner and lading, goods and
merchandises, concerning which you are now examined, taken and seised,
and into what place or port were the same carried? whether was there
any resistance made, or any guns fired against the said schooner, or
persons who seised and took the same, and what and how many, and by
whom?

3. Whether was you present at the time of the taking or seizing the
schooner and her lading, goods and merchandises, concerning which you
are now examined, or how and when was you first made acquainted
thereof? whether was the said schooner and goods taken by a man of
war, or a private man of war, and to whom did such man of war, or
private man of war belong? had they any commissions to act as such,
and from and by whom, and by what particular vessel, or by whom was or
were the said schooner seized and taken? to what kingdom, country, or
nation did the said schooner so seized and taken belong, and under the
colours of what kingdom, country, or nation did she sail at the time
she was so seized and taken? was the said schooner, which was taken, a
man of war, privateer, or merchantman?

4. Upon what pretence was the said schooner seized and taken? to what
port or place was she afterwards carried? whether was she condemned,
and upon what account, and for what reason was she condemned, and by
whom, and by what authority was she so condemned?

5. Who by name was the master of the vessel concerning which you are
now examined, at the time she was taken and seized? how long have you
known the said master? who first appointed him to be master of the
said schooner, and when did he take possession thereof, and who by
name delivered the same to him? where is the said master's fixed place
of habitation with his wife and family, and how long has he lived
there? what countryman[2] is he by birth, and to what Prince or State
subject?

[Footnote 2: _I.e._, of what country.]

6. What number of mariners belonged to the said schooner at the time
she was taken and seized? what countrymen are they, and where did they
all come on board? whether had you, or any of the officers or company,
or mariners, belonging to the said schooner or vessel, any part,
share, or interest in the said schooner concerning which you are now
examined, and what in particular, and the value thereof, at the time
the said schooner was so taken, or the said goods seised?

7. Whether did you belong to the schooner or vessel concerning which
you are now examined, at the time she was taken and seized? how long
had you known her? when and where did you first see her? of what
burthen was she? how many guns did she carry? and how many or what
number of men did belong to, or were on board the said schooner at the
time she was taken, or at the beginning of the engagement before she
was taken? and of what country building was she? what was her name,
and how long had she been so called? whether do you know of any other
name she was called by? and what were such names, as you know or have
heard?

8. To what ports and places was the said schooner or vessel concerning
which you are now examined bound, the voyage wherein she was taken and
seized? to and from what ports or places did she sail the said voyage
before she was taken and seized? where did the voyage begin, and where
was the voyage to have ended? what sort of lading did she carry at the
time of her first setting out on the said voyage, and what particular
sort of lading and goods had she on board at the time she was taken
and seized, proceeding upon a lawful trade? had she at that time any,
and what prohibited goods on board her?

9. Who were the owners of the said schooner and vessel and goods
concerning which you are now examined, at the time she was taken and
seized? how do you know they were the owners of the said schooner and
goods at that time? of what nation are they by birth, and where do
they live with their wives and families? and to what Prince or State
are they subjects?

10. Was there any bill of sale made to the owners of the said
schooner? in what month or year, and where and before what witnesses
was the same made, and when did you last see it, and what is become
thereof?

11. In what port or place was the lading, which was on board the
schooner at the time she was taken and seized, first put on board the
said schooner? in what month and year was the lading so put on board?
what were the several qualities and quantities, and particulars
thereof? whether were the same laden and put on board the said
schooner in one port, or at one time, or in several ports and places,
and how many by name, and at how many several times, and what
particulars and what quantity at each port? who by name were the
several laders or owners thereof, and what countrymen are they? where
were the said goods to be delivered, and for whose account, and to
whom by name did they then really belong?

12. How many bills of lading were signed for the goods seized on board
the said schooner? whether were the same colourable, and whether were
any bills of lading signed, which were of a different tenor with those
which were on board the said schooner at the time she was seized and
taken? and what were the contents of such other bills of lading, and
what are become thereof?

13. What bills of lading, invoices, letters, or any instruments in
writing, or papers, have you to prove your own property, or the
property of any other person, and of whom in the schooner and goods,
concerning which you are now examined? produce the same, and set forth
the particular times when, and how, and in what manner, and upon what
account, and for what consideration you became possessed thereof?

14. In what particular port or place, and in what degree of
latitude[3] were or was the schooner, concerning which you are now
examined, taken and seized? at what time, and upon what day of the
month, and in what year, was or were the said schooner so taken and
seized?

[Footnote 3: A statement of the longitude, it will be observed, is not
required. Any navigator of that time could easily determine his
latitude, but there was no accurate method of determining longitude at
sea till John Harrison made his trial voyage to Jamaica with his
chronometer in 1761-1762.]

15. Whether was there any charter party signed for the voyage, wherein
the schooner, concerning which you are now examined, was taken and
seized? what is become thereof? when, where, and between whom was the
same made? what were the contents thereof?

16. What papers, bills of lading, letters, or other writings, any way
concerning or relating to the schooner concerning which you are now
examined, were on board the said schooner at the time of the seizure
of the said schooner? were any of the papers thrown overboard by any
person, and whom, and when, and by whose orders?

17. What loss or damage have you sustained, by reason of the seizing
and taking of the said schooner concerning which you are now examined?
to what value does such loss or damages amount? and how and after what
manner do you compute such loss and damage? have you received any and
what satisfaction for such the loss and damage which you have
sustained, and when and from whom did you receive the same?




_LA VIRGEN DEL ROSARIO Y EL SANTO CRISTO DE BUEN VIAGE._


_184. Libel of Richard Haddon. March 9, 1757._[1]

[Footnote 1: This document, and all that follow relating to this case,
nos. 184-196, are derived from the files of the vice-admiralty court
which during the colonial period sat in New York. They are preserved
in the offices of the United States district court in that city. In
the case of the colonial admiralty courts which sat in Boston,
Philadelphia, and Charleston, only the record-books of those courts,
from which several of our documents were obtained, have survived, and
of the other courts apparently nothing; but from the New York
admiralty court we have, besides records, a copious mass of papers
relating to the cases, preserved by an exceptionally careful assistant
register. By the care of Hon. Charles M. Hough, U.S. circuit judge,
these papers have been arranged, mounted, and bound in model fashion.
In interpreting the papers here printed, the editor has been much
assisted by an opportunity to read a manuscript of Judge Hough's
concerning them.

The case of the _Virgen del Rosario_, more exactly the cases of
Richard Haddon _v._ 10 Doubloons, etc., of Ybañez _v._ £2409, and of
the King _v._ Thomas Miller and Sampson Simpson, give excellent
illustrations of the chicanery with which prize cases could be
conducted and of the manner in which through admiralty courts the ends
of justice could be defeated. The materials are copious. The history
of the capture is sufficiently set forth in docs. no. 187 and no. 188.
The legal history of the case may be summarized as follows. Sept. 20,
1756, Nathaniel Marston and Jasper Farmar petition governor and
council for a privateer's commission for the _Peggy_ or _Charming
Peggy_, whereof Richard Haddon was to be commander, Christopher Miller
lieutenant; _Cal. N.Y. Hist. MSS._, II. 659. Sept. 29, 1756, the
commission is granted. Dec. 7, 1756, the _Peggy_ captures the schooner
_La Virgen del Rosario y el Santo Christo de Buen Viage_, plunders
her, and lets her go. (It will be remembered that Great Britain was
not at war with Spain at this time, but only with France.) Mar. 5,
1757, the _Peggy_ arrives at New York, "having taken as many Prizes
during her Cruize as she could well man"; _Pennsylvania Gazette_, Mar.
10. Mar. 9, Haddon libels the plunder (doc. no. 184). Mar. 31, the
admiralty judge decrees that it shall be his, provided no better
claimant arises within a year and a day, and provided he furnishes
sureties to the register of the court to the value of £2409. 4s. 11d.;
notes of Sir William Burrell on this case in _Reports of Cases
determined by the High Court of Admiralty and upon Appeal therefrom,
temp. Sir Thomas Saulsbury and Sir George Hay_, ed. R.G. Marsden
(London, 1885), pp. 185-186. July 26, 1757, the sureties present their
account of sales (doc. no. 186). Feb. 17, 1758, and Mar. 10, on
pressure from London, where Captain Ybañez has made his complaint, the
advocate general in New York files a claim for money and goods, in the
king's name, to restore them to the Spaniards. Apr. 5, the sureties
demur. Apr. 19, the judge dismisses the advocate general's claim.
Sept. 27, 1758, 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 in
Prize Causes reverse the colonial court, and condemn the captor in
costs and damages (_ibid._, and doc. no. 195). July 4 and 26, 1761,
the New York judge declares that, while the Lords of Appeal had
apparently reversed his decree of Mar. 31, 1757, on Haddon's libel,
they had not reversed his decree of Feb. 10, 1759, on that of Ybañez,
the decree actually appealed from (court papers). But so the matter
had been dragged on until, Jan. 4, 1762, Great Britain declared war
against Spain, and it may be considered certain that Ybañez never
recovered anything; perhaps he did not deserve to, for pretty clearly
he had been violating or evading the laws of his own country.

Meanwhile, July 14, 1758, the advocate general, on account of
irregularities on Haddon's part violating his commission as a
privateer, had sued his bondsmen (King _v._ Miller and Simpson). Their
counsel moved for a commission to take evidence in Havana, which was
granted by the court, Sept. 2, 1758; hence docs. nos. 189, 191-194.
June 27, 1761, on all the evidence now collected, the court decreed
forfeiture of the bond. July 7, 1761, the sureties appealed (doc. no.
196), but there is no record evidence that their appeal was ever
perfected, or that they ever paid. See doc. 196, note 1.]

Province of New York    } To the Honourable Lewis
Court of Vice Admiralty } Morris Esqr[2] Commissary
                          and Judge of the Court of
                          Vice Admiralty for the province
                          of New York.

[Footnote 2: Lewis Morris (1698-1762)--son of Lewis Morris the
governor of New Jersey and father of Lewis Morris the signer of the
Declaration of Independence, of Richard Morris the judge, and of
Gouverneur Morris--was admiralty judge in New York from 1738 to 1762.
His own record of his life, from his family Bible, is in _N.Y. Gen.
and Biog. Record_, VII. 16-18.]

The Lybell of Richard Haddon of the City of New York Marriner[3]
Commander of the private vessell of Warr called the _Peggy_ in behalf
of himself and the Owners and Company of the said Schooner _Peggy_ in
all Humble Manner Sheweth unto your honor that his most Gracious
Majesty George the Second, by the Grace of God of Great Brittain
france and Ireland King, Defender of the Faith, Vfd. by his Commission
under the seal of the Court of Vice Admiralty of New York Bearing date
the Twenty Ninth Day of September in the year of our Lord one thousand
Seven hundred and fifty Six writeing as is therein Recited did thereby
Grant Commission to and Lycence and Authorize Jasper Farmer[4] and
Nathaniell Marston[5] of the City of New York Merchants to Sett forth
in warr Like manner the said Schooner called the _peggy_ under the
Command of the said Richard Haddon, therewith by force of Arms to
Attack, Surprize, Seize and take by and with the said Schooner and the
crew thereof any place or fortress upon the Land or any Ship or
Vessell, Goods, Amunition, Arms, Stores of Warr or Merchandize
belonging to or possessed by any of his said Majesties Enemies in any
Sea, Creek, Haven or River and Such other Ships, Vessells and Goods
which are or shall be Lyable to Confiscation pursuant to the treaties
between his Said Majesty and Other princes, States and potentates and
to bring the same to such port as should be most convenient in Order
to have them Legally Adjudged in his said Majesties high Court of
Admiralty of England or before the Judges of such other Admiralty
Court as Shall be Lawfully Authorized within his Majesties Dominions,
which being Condemned it Should and might be Lawfull for the said
Richard Haddon to sell and Dispose of Such Ships, Vessells, and Goods,
Amunition, Arms, Stores of Warr or Merchandise so Adjudged and
Condemned in Such sort and Manner as by the Course of the Admiralty
hath been Accustomed as by the said Commission may more fully Appear,
and the said Richard Haddon Doth further Show unto your Honour that in
pursuance of his Said Commission on or About the Seventh Day of
December Last past being on the High Seas within the Jurisdiction of
this Court in the said Schooner _Peggy_ with his Company and Crew on
Board the Same in or About the Latitude of twenty-one Degrees and
Eighteen Minutes North Longitude Eighty Seven[6] Degrees fifty Seven
Minutes West from London he did meet with, sett upon and take a
Certain Schooner Belonging to the Subjects of the french King Enemies
of our Said Lord King George the Second, having on Board ten
Doubleloons,[7] five thousand seven hundred and Sixty four Dollars,
one hundred and five pistereens,[8] and Some Small Silver as also one
Bracelett, twenty Gold rings, Some Silver Buckells, six Swivell Guns,
Some Shott, one Cask of Powder, Some Cutlasses and one Kegg of Indigo
being the Money, Chattles, Goods and Effects of the Subjects of the
french King, Enemies of our Said Lord King George the Second, which
money, Bracelett, Rings, Buckells, Swivell Guns, Shott, powder,
Cutlasses and Indigo Belonging to the Subjects of the french King and
Enemies of our Said Lord King George the Second the said Richard
Haddon hath brought into this his Majesties port of New York in the
said Schooner _Peggy_ in Order to have the Same Legally Condemned by
the Sentence and Decree of this Honourable Court (But the said
Schooner being unfitt to Come upon a Winters Coast and he the said
Richard Haddon having a Great Number of prisoners Delivered her to a
Number of them to Carry them to some french port After takeing out of
her the Money, Goods and Chattles aforesaid) Wherefore the said
Richard Haddon Humbly prays your Honour that the said Money,
Bracelett, Rings, Buckells, Swivell Guns, Shott, Powder, Cutlasses
and Indigo Aforesaid belonging to the Subjects of the french King and
Enemies of our Said Lord the King may by the Sentence and Adjudication
of this Honourable Court be Condemned as Lawfull prize to the Use of
the said Richard Haddon and the Owners and Company of the said
Schooner _Peggy_ According to the Common Right of Nations and the Law
of Arms in Such Case used.

RICHD. MORRIS Pr.[9] for the Lybellent.

[Footnote 3: Richard Haddon, mariner, was a New Jersey man, but became
a freeman of New York City in 1749; _N.Y. Hist. Soc. Fund Pubs._,
1885, p. 167. An extract from a letter of his, written during this
same cruise, Dec. 29, 1756, and conveying valuable information he had
picked up respecting the proposed expedition of the French up the
Mississippi to the Illinois country, is printed in _N.Y. Col. Docs._,
VII. 219; it was an enclosure in a letter from Governor Hardy of New
York to Secretary Pitt, Feb. 26, 1757, printed in Miss Kimball's
_Correspondence of William Pitt_, I. 12; _cf._ p. 31.]

[Footnote 4: Jasper Farmer, merchant, owner in several privateers of
the time, and militia captain, was killed a few months later, Apr. 23,
1758, by one whom he was trying to impress.]

[Footnote 5: Also an owner in several privateers; will (1778) in _N.Y.
Hist. Soc. Fund Pubs._, 1900, p. 50.]

[Footnote 6: A scribe must have misread the figure 81, which appears
in other documents, into 87. In reality, 87° 57´ W., in the latitude
named, would locate the capture on dry land, in Yucatan. It took place
near the Isle of Pines, south of the western part of Cuba.]

[Footnote 7: A doubloon was a Spanish gold coin, equal to $8.24.]

[Footnote 8: A pistareen or peseta was equal to about 19 cents.]

[Footnote 9: Proctor. Richard Morris (1730-1810), son of the judge
(note 2, above), and at this time practising in the court, succeeded
his father as admiralty judge in 1762 (commission Oct. 16, see doc.
no. 180, note 1), and served as such till 1776, when he took the
American side. From 1779 to 1790 he was chief justice of the Supreme
Court of New York.]

[_Endorsements:_] New York Court of Vice Admiralty.--

Richd. Haddon in Behalf of himself the Owners and Comp'y of the
Schooner _Peggy_ _v._ 10 Doubleloons, 5764 Dollars, 105 Pisterreens,
one Bracelett, 20 Gold rings, Some Silver Buckells, Some Small Silver,
six Swivell Guns, Some Shott, one Cask of Powder, Some Cutlasses and
one Bagg of Indigo.--Read and filed Wednesday the 9th of March 1757.
Proclamations Wednesday the 9th, Thursday the 10th and Fryday 11th
March. Sentence Thursday 31st of March.


_185. Deposition of Francisco Raphe. March 31, 1757._[1]

[Footnote 1: The document is endorsed as filed on the same date.]

Province of New York ss.

The Deposition of Francisco Raphe Having been before Sworn and now
Examined on the part and behalf of Richard Haddon Commander of the
private Vessel of War the _Peggy_, Against Ten Doubleloons, five
Thousand Seven Hundred and Sixty four Dollars, One Hundred and five
Pisterreens, one Bracelet, Twenty Gold Rings, Some Silver Buckles,
Some Small Silver, Six Swivel Guns, Some Shot, one Cask of Powder,
Some Cuttlasses and one Keg of Indigo.

1. To the first Interrogatory this Deponent saith that his Name is
Francis Rafe, and is twenty Six Years of Age, that he is a Native of
Sierra[2] in Greece and Subject to the Grand Turk, by Ocupation a
Mariner.

[Footnote 2: Presumably the island of Psyra in the Aegean, now called
Psara.]

2. To the second He says, that two Days after the Vessel he was on
board of Sailed out of Cuba they were taken by Capn. Haddon, which was
about December last, that he does not know the Vessels Name of which
he was aboard for she had no Regular Commander, no Dispatches or
Papers of any kind from any Port or Place whatsoever And he believes
that had said Vessel been taken by any Vessel of any Nation she would
have been a lawfull prize, and had she been taken by a Spanish Guarda
Costa, the whole Ships Crew would have been Hanged as Pirates, that
there were on board of all Nations almost, as Genoves, French and
others, In Number Seventy two, and that one of the Chief in Particular
was a Frenchman Subject to the French King. That He knows no further
to Declare in Relation to any other Interrogatories, but only that He
absolutly from all the Knowledge he can form thinks her to be a just
and Lawfull prize.

FRANCISCO RAPHE.

Examined the 31st March
Anno Dom 1757
(GARRET NOEL, Spanish Interpreter)[3]
  RICHD. NICHOLS Reg'er.[4]

[Footnote 3: "Spanish interpreter of the province of New York"; _Cal.
N.Y. Hist. MSS._, II. 662, and _Cal. Council Minutes_, p. 443. Elder
in the Presbyterian Church; _Cal. N.Y. Hist. MSS._, II. 698, and _Doc.
Hist. N.Y._, III. 300. Schoolmaster; _N.Y. Hist. Soc. Fund Pubs._,
1885, p. 177. "Mr. Garret Noel, for many years a respectable
bookseller in New York, died at Elizabethtown, N.J., September 20,
1776, aged 70"; _ibid._, 1899, p. 370.]

[Footnote 4: Register of the court of admiralty till his death, Aug.
19, 1775. "During a residence in New York of 60 years he followed the
Profession of Law. He was of a respectable family in Wales". _Ibid._,
1899, p. 296, where his will is given.]


_186. Account of Sales. July 26, 1757._[1]

[Footnote 1: The document is not dated; the date may be supplied from
doc. no. 188, p. 550, _infra_.]

Sales of Sundrys takeing and Brot. in by the Privateer Schooner
_Peggy_ Richd. Haddon Commr.

1 Brasslett                        £ 2. 0. 0
20 Gold Rings Case Mattle[2] @ 8/    8. 0. 0
Some Odd Silver Buckles              2. 0. 0
Some Small Silver                    1.12. 7
6 Swivle Gunns @ 40/                12. 0. 0
Some Shott                              9. 6
Cagg Powder                          2.12. 0
Some Cuttlasses                        18. 0
1 Kegg Indigo                       10. 3. 4-3/4
                                 ---------------    39.15. 5-3/4
5764 Dollars @ 8/                £2305.12. 0
10 Doubleloons @ 112/               56. 0. 0
105 Pistereens 1/6                   7.17. 6
                                 ---------------  2369. 9. 6
                                                 ---------------
                                                 £2409. 4.11-3/4
                                                 ---------------

[Footnote 2: Metal? The valuation indicates alloyed gold. The slanting
mark after 8 is for shillings, and the shilling in this account is the
New York shilling, equivalent to 12-1/2 cents.]

Errors Excepted

THOS. MILLER.[3]

[Footnote 3: Thomas Miller was a nephew of Jasper Farmer; C.F.
Billopp, _History of Thomas and Ann Billopp Farmer_, pp. 45, 46.]


_187. Deposition of Don Felipe Ybañez.[1] September 2, 1758._

[Footnote 1: In some of the documents the name is found written, by
ignorant scribes, Philip y Banes, and therefore it is found under
Banes in some indexes. Ybañez, arriving in Jamaica soon after the
capture, complained to Vice-Adm. George Townshend, commanding on that
station, of the "piratical behavior" of Haddon. Townshend wrote to the
secretary of the admiralty, enclosing affidavits. Holdernesse,
secretary of state, sent on May 20, 1757, a circular to the colonial
governors, printed in _N.C. Col. Rec._, V. 756, expressing his
Majesty's indignation at such actions toward a neutral, and ordered
the governor of New York to proceed against Haddon. The _Calendar of
Council Minutes_, p. 434, shows the letter to have been received, July
16. On Sept. 16 Secretary Pitt sent a circular to the governors with
strict commands against molesting Spanish subjects; Kimball, _Corr. of
William Pitt_, I. 105. On Feb. 13, 1758, Lieutenant-governor James
DeLancey writes (_ibid._, I. 181) that this circular had been received
Jan. 19, and that a proclamation had at once been issued. He adds,
"Capt. Phillip Ybannes who was plundered by Capt. Richard Haddon is
now here and I have put him in a way to recover the loss he has
sustained and if he meets with Justice in the Admiralty he cannot fail
of a recompence."]

Province of New York.
Court of Vice Admiralty.

The Deposition of Don Phelipe Ybanes being before Sworn and now
Examined on the part of our Lord the King on the Lybel of William
Kempe, Esqr.[2] his Majes'ys Advocate General for this Province of New
York Against Thomas Miller and Sampson Simpson[3] Defendants.

[Footnote 2: Attorney general 1752-1759, advocate general 1753-1759,
d. 1759. He filed his claim on behalf of the crown Feb. 17 and Mar.
10; the judge dismissed it Apr. 19, 1758, on the ground that the king
had no interest in the goods. Marsden, p. 185; doc. no. 188, and other
papers.]

[Footnote 3: Samson or Sampson Simson, d. 1773, son of Rabbi Joseph
Simson and uncle of that Samson Simson who founded the Mt. Sinai
Hospital, was the chief Jewish merchant in New York, owner of several
privateers, and later one of the founders of the Chamber of Commerce.
At this time he was _parnas residente_ (president) of the Congregation
Shearith Israel, till 1825 the one Jewish congregation in New York.
_Publications of the American Jewish Hist. Soc._, II. 83, III. 81, X.
109-117, XI. 155, XXI. 74, XXV. 90. Dr. Benjamin Kennicott, in _The
Ten Annual Accounts of the Collation of Hebrew MSS. of the Old
Testament_ (Oxford, 1770), p. 161, mentions information from President
Cooper in New York "that Mr. Sampson Simson, a very worthy and
benevolent old Gentleman, of the Jewish persuasion, living in that
city, is in possession of a MS. of very great antiquity, containing
the whole Hebrew Bible"--on which see Ezra Stiles, _Literary Diary_,
III. 3, 32.]

1st. This Deponent saith that his Name is Phelipe Ybanes Aged thirty
seven years Born at St. Lucar[4] in Old Spain by Ocupation a Mariner
and subject to the King of Spain.

[Footnote 4: At the mouth of the Guadalquivir. Columbus sailed thence
on his third voyage, in 1498.]

2ly. That his first knowledge of Richd. Haddon and the Schooner
_Peggy_ was on the sixth or Seventh Day of December 1756. That he
first knew the Schooner called the _Virgin of the Rosary and Santo
Christo_ in the year 1756 when he bought her in Jamaica. That she
belonged to Port Trinity[5] on the Island of Cuba immediately before
the 6th and 7th Days of December 1756. He this Depon't being then
Commander of said Schooner having his Resident in the Havana with his
Family. That he was on board said Schooner on the 6th and 7th days of
December 1756 as Commander and Owner. That said Schooner was not then
Equipped to use Force in any manner but only as a trading Vessel. That
she had on board three small Guns unloaded and Six Swivel Guns, three
of which were Loaded with Ball in Case of Necessity to make Signals
but all in the Hold for Ballast, and fourteen Hangers,[6] which was
all the Arms on board. That he this Deponent was sole Owner of said
Schooner at that time. That when he this Deponent was met with by
Richd. Haddon on the 6th or 7th Day of December 1756, he[7] came from
Port Trinity but last from Port Banes[8] Eight Leagues from the Havana
in the same District where he touched and took in for Jamaica, where
he was Bound, two Passengers both Eng'h Subjects named Henry
Myerhoffer[9] and Willm. Abbot[10] Beside which he took in Eight
Spaniards. That they then made to the Number of Sixteen Spaniards on
board and two English, seven of which were Mariners. The Names of the
Spaniards were Don Phelipe Ybanes Capn. and Owner, Don Francisco
Garcia, Pasqual de Cordova, Don Geronimo de la Cal, Cayetano Peres,
Pablo Antonio Corea, Marcelino Marero, Silvestre Manuel de Castro,
Miguel de Fuentes, Henry Myerhoffer, and Wm. Abbot English Passengers,
Juan Lorenso Boatswain, Matheas Antonio, Antonio Malacallo, Bedro
Valderama, Antonio Gonis, Bernardo Martines, Antonio Navarette,
Mariners. That the Spanish Passengers were Residents at the Havana
with their Families and so were the Seamen Except one who is a
Resident at St. Agustin. That the motive of the Spanish passengers
going in said Schooner was to trade at Jamaica. That said Schooner had
no more Mariners on board than is Customary nor so many as is quite
Necessary for such a Vessel. That there was no such person on board
said Schooner as Francisco Raphel[11] at the time she was taken by
Richd. Haddon nor any French Subjects.

[Footnote 5: Trinidad, near the middle of the south side of Cuba.]

[Footnote 6: Small short swords.]

[Footnote 7: The deponent.]

[Footnote 8: Cabañas, 35 miles west of Havana.]

[Footnote 9: A German living in Georgia, see doc. no. 194, paragraph
5.]

[Footnote 10: Also a resident of Georgia (_ibid._); constable of
Frederica some years before, _Col. Rec. Ga._, VI. 210.]

[Footnote 11: See doc. no. 185.]

3ly. That all the Papers was the Licence and some Letters for some
Merch'ts at Kingston in Jamaica. That said Licence was for said
Schooner to go from Port Trinity to Port Mansanillo[12] which Licence
and said Papers was taken from said Don Phelipe Ybanes by said Richd.
Haddon by Force. That he this Deponent as soon as he came on board the
Privateer shewed Richd. Haddon his Licence.

[Footnote 12: Manzanillo is on the south coast of Cuba, two hundred
miles east of Trinidad, and thus on the way to Jamaica! It should be
mentioned that export of provisions from Cuba to Jamaica was forbidden
by Spanish regulations.]

4ly. That at the time of the Seizure of said Schooner, the Cargoe
consisted of the following particulars--Six Thousand Nine Hundred and
Seventy five Spanish Heavy Dollars,[13] Six Hundred and Sixteen
Dollars in Dobloons, two Hundred and Eighty Dollars in Gold Trinkets,
a Bag[14] of Indigo [of] 125 lbs., the greatest part of the Schooners
Provisions, the Spanish Colours, about 50 lbs. Gun Powder, Six Swivel
Guns, about twenty Balls, a Box Sweetmeats Value Forty Dollars, and
fourteen Hangers--all which belonged to this Deponent and other
Spanish Subjects now in New York.

[Footnote 13: _Pesos fuertes_, Mexican hard dollars.]

[Footnote 14: Elsewhere _kagg_, keg.]

5ly. That said Richd. Haddon when he met with the said Spanish
Schooner fired a Ball at her notwithstanding she had her Spanish
Colours Flying and had brought to to speak with said Haddon and the
Reason that induced said Deponent not to make the most of his way from
said Privateer was that he knew the two Crowns of England and Spain to
be in Friendship. That the Privateer Boat came on board said Spanish
Schooner with a Lieut. Christop'r Miller[15] by Name and seven more
Seamen. That he this Deponent shewed said Lieut. his Licence telling
him at the same time that they were Spaniards and the Vessel and
Cargoe Span'h property, From whence they came and whither Bound. That
said Lieut. and People seemed very Civil and Regular till they
discovered the Money which as soon as they had done, they Insisted on
the Spaniards having run away with it and gave that as a pretence for
Seising it which they did and carryed the same away by Force with
other particulars already mentioned by this Deponent. That said Richd.
Haddon did order this Deponent and all the People (except two or
three) on board the Privateer and there treated them as Prisoners,
said Haddon being on board. That he this Deponent told said Haddon
from whence he came and where he was bound to and that he was a
Subject of Spain and declared that Himself was Commander of said
Schooner when she Sailed from the Havana and that he shewed said
Haddon his Licence and other Papers. That said Haddon did not declare
that he would carry the said Schooner to the Havana, on the contrary
this Deponent and the People belonging to the Spanish Schooner were
very desirous of it and requested of him to carry them there. That
said Rd. Haddon's Lieut. and People did by Force and Violence Seize
said Money and Effects and carry them away against the Consent and
Solisitation of this Deponent and people belonging to said Spanish
Schooner. That said Span'h Schooner was at that time in good Order and
well Conditioned both as to her Hull, Sails and Rigging and fitt to
come to New York. That this Depont. desired of sd. Rd. Haddon that the
Money might be Counted but sd. Haddon Refused it. That when this
Deponent and People were brought on board the Privateer they were all
of them Searched and Money and Effects taken from the Several
following Persons. From Miguel Fuentes 1 pair Silver Buckles and 1
pair Gold Buttons, From Don Geronimo de la Cal 1 pair of silver
Buckles and a Ring, From Pablo Antonio Corea 1 pr Silver Buckles, From
Cayetano Peres 1 pair Silver Buckles and four Dollars. All these were
taken from the People beside the Money and Effects brought from on
board the Spanish Schooner. That said Rd. Haddon never told them that
he would proceed to New York in order to Lybel the Money and Effects
aforesaid but on the Contrary Endeavoured to Conceal his Name and from
whence he came as much as possible from this Deponent and his people.
That there never was any Agreement between this Deponent and his
People with Rd Haddon or anything like it relating to the Money and
Effects aforesaid. That said Richd. Haddon's Lieut. Chrsr. Miller by
Name, with some of the Mariners belonging to said Privateer, did treat
this Deponent and Comp'y belonging to said Spanish Schooner with
threatning and abusive Language on Returning them on board said
Spanish Vessel. That said Rd. Haddon did not offer to bring this
Depont. and People to New York, for as was declared before He did not
mention New York nor did this Deponent and People know he came from
thence. That said Rd. Haddon did take from on board said Spanish
Schooner and carry away with him in the said private Vessel of War,
two Passengers by Names Henry Myerhoffer and Willm. Abbot both
subjects of Great Britn. That this Deponent did Request said Richd.
Haddon to carry him to some Eng'h Port but was refused. That he this
Deponent did Request from said Richd. Haddon a Receipt or Certificate
Acknowledging that he the sd Rd. Haddon had taken from on board the
said Span'h Schooner the Money and Effects aforesaid, which said
Deponent Requested in order to shew as a proof of what had happened to
him. That the said Richd. Haddon did thereupon give this Deponent a
Receipt or Certificate, but afterwards said Receipt was Demanded from
him by the said Christopher Miller which this Deponent Refusing to
Return, said Chrisr. Miller did by Threats, Force and Violence take
said Receipt or Certificate from this said Deponent as they were in a
Boat in their Return on board said Spanish Schooner.

[Footnote 15: A nephew of Jasper Farmer; C.F. Billopp, _History of
Thomas and Ann Billopp Farmer_, pp. 45, 46.]

6ly. To this Interrogatory can say Nothing.

7ly. That said Spanish Schooner after the Transaction aforesaid did
Return to the Havana, where he this Deponent was informed by some
Frenchmen that had been taken by said Rd. Haddon since this Deponent,
that sd Haddon had proceeded in said Private Vessel of War to Sta.
Lucea[16] on the Island of Jamaica, whereupon this Deponent determined
to go there in Quest of him in order to procure Satisfaction for the
Injury he had Received from him. That shortly after the Arrival of
this Deponent at the Havana, an English Man of War came into that
Port. That He this Deponent made Application to the Capn. for his
Advice and Assistance, who thereupon gave him a Certificate to the
Governour and the Admiral Stationed at Jamaica. That this Deponent
thereupon proceeded to Santa Lucea but said Rd. Haddon was sailed from
thence before this Deponent arrived there. That said Haddon was at
Santa Lucea fifteen Days as this Deponent was Informed. That he there
met with the two aforesaid Englishmen, that this Depont. had taken
Passengers in his Schooner, but were carryed away by said Richd.
Haddon. That this Deponent proceeded afterward with said Spanish
Schooner to Kingston on Jamaica and there made his Complaints to the
Governor and Admiral against Rd. Haddon.[17] That the said two
Englishmen who had been Passengers in said Spanish Schooner, did make
Oath before the Governor of Jamaica of the Transactions of said Rd.
Haddon his Officers and People. That the Exhibits now Shewn him marked
A No 1 and No 2 are the Affidavits lay'd before the Governor of
Jamaica in support of the Truth of the Complaints made by him this
Deponent against said Rd. Haddon, his Officers and People which this
Deponent brought with him from Jamaica to New York. That the Name
Subscribed to the Affidavit in the Exhibit marked A No 1 is his own
Hand Writing and attested as Expressed in said Instrument of Writing.
That said Henry Myerhoffer did Subscribe his Name to the Affidavit and
that he knows that to be his Hand Writing in the Exhibit marked A No
2, and that he attested the same in manner therein Expressed. That
Admiral Townsend in pursuance of the said Complaint and proofs
Dispatched a small Man of War under his Command in pursute of said
Richd. Haddon in order to bring said Schooner _Peggy_ into Port
Royal[18] on the Island of Jamaica aforesaid.

[Footnote 16: Now Lucea, at the northwest corner of the island.]

[Footnote 17: Henry Moore, lieutenant governor, was acting as
governor. The preceding governor, Vice-Adm. Charles Knowles, had
lately removed the seat of government from Spanish Town to Kingston.]

[Footnote 18: Port Royal, on the south side of Kingston harbor, was
the first capital of the island; but probably Ybañez means the
harbor.]

8ly. That this Deponent did afterward Return to The Havana and Arrived
there on or about the 16 May 1757. That said Admiral Townsend did
afterward arrive at the Havana and Advised this Deponent to proceed
to New York not doubting but he would receive Satisfaction for the
Injury done him by said Rd. Haddon his Officers and Crew belonging to
said Schooner _Peggy_ and that in Case he should not Receive the
Satisfaction he Expected, then to proceed with the Affidavits to
London to demand it there. That said Admiral being then in the Havana
gave him a Letter to the Gover'r of New York Recommending to him to
procure Justice to be done to this Deponent.

9ly. Does not belong to this Deponent to Ansr.

Lastly, He says that he knows of nothing further Necessary to or
Concerning these Interrogatories.

PHELIPE 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 Lewis
Court of Vice Admiralty } Morris Esqr. Commissary
                          and judge of the
                          Court of Vice Admiralty
                          for the Province of New
                          York.

The Lybel and Claim of Philip y Banes otherwise called Philip Vanes,
otherwise called Philip de Francis,

Humbly Sheweth,

That he the said Philip is a Native of St. Lucar in the Dominions of
Spain and a subject of his Catholick Majesty, and an Inhabitant of the
Havannah in the Dominions of his said Catholick Majesty, and that he
the said Philipe was at the Time of the Capture herein after mentioned
Master and sole Owner of a certain Spanish Schooner called _La Virgin
del Rosario y el Sancto Christo de buen Voyage_: That being on a
Voyage from Trinidada, and having a Passport for Mansennello he went
to the Havannah leaving his said Schooner at a Landing Place about
eight Leagues distant from thence called Vanes[1] and there in
Pursuance of a Proposal which had been for that Purpose made to him
before he had left Trinidada aforesaid on the 10th of November one
Thousand seven hundred and fifty six entered into a written Agreement
with Caleb Davis[2] of the English Nation and Transiently in that
City, the Purport of which Agreement was that he should carry in his
said Schooner one Henry Myerhoeffer and one Wm. Abbot an Englishman to
Port Royal on the Island of Jamaica carrying with them certain Papers
and Letters relating to an Affair with which he the said Davis was
charged in Virtue of an Order from his Sovereign the King of Great
Britain, who were to remit to him the said Caleb certain Merchandize
which he had given them Orders to send on his Account and Risque for
the Supply of his urgent Necessities which when complyed with he
obliged himself to pay to the said Philip the sum of one thousand
Dollars without Delay, as by the said Agreement ready to be produced
may appear; That after his having made the said Agreement, his said
schooner being at the said Landing Place called Vane's he took on
Board the said Schooner the said Henry Myerhoffer and Wm. Abbot and
their Letters and Papers and Eight other Persons, all subjects of his
Catholick Majesty, who engaged to go as Passengers in the said
Schooner to the said Island of Jamaica. And the said Philip further
saith that he had also on Board his said Schooner one Mate or Pilot
and six Marriners to navigate the said Schooner who were all likewise
Subjects of his said Catholick Majesty and among other Goods had on
board the said Schooner several Bags of Money which contained In
silver to the Amount of six Thousand nine hundred and seventy five
mill'd Dollars, and in Gold the Value of six hundred and sixteen
mill'd Pieces of Eight and divers Gold Rings and other Trinkets to the
Value of two hundred and eighty mill'd Pieces of Eight, six
Pateraroes[3] of the Value of sixteen Pounds, a Parcel of Gun Powder
containing in quantity about fifty Pounds of the Value of Eight
Pounds, one Bag of Indigo containing in quantity about one hundred and
fifty Pounds of the Value of sixty Pounds, and a Chest of Sweetmeats
which cost in the Havannah forty Dollars of the value of sixteen
pounds, fourteen Spanish Machets[4] of the Value of twenty two Pounds
eight Shillings, one Pistol of the value of one pound five shillings,
thirty swivel shot of the Value of fifteen shillings, all New York
money, together with sundry other Goods mentioned in a Lybel filed in
this Court by the said Richard Haddon hereinafter mentioned, all which
were the Property of him the said Philip Y'Banes and others the
Subjects of the King of Spain in Amity and Friendship with the King of
Great Britain; That he the said Philipe afterwards being in the Course
of his Voyage to the Island of Jamaica aforesaid on the high Seas and
within the jurisdiction of this Court about ten Leagues to the
Southward of the Island of Pines, on or about the sixth day of
December which was in the year of our Lord one Thousand seven hundred
and fifty six, he the said Philip was attacked and set upon in his
said Schooner by one Richard Haddon, Commander of a Schooner called
the _Peggy_ being a private Vessel of War from this Port of New York;
That he the said Richard Haddon having fired a Gun against the said
Spanish Schooner and brought her to, sent the Boat of the said
Privateer on Board the said Spanish Schooner, manned and armed,
together with one officer of him the said Richard Haddon which the
said Philip took to be his first Lieutenant, and others of the Crew of
the said Privateer _Peggy_, who searched into and Examined the sd
Spanish Vessel where they found all the money and Goods aforesaid,
all which by the said Officer and Crew were taken out of the said
Spanish Schooner and carried on Board the said Privateer the _Peggy_,
commanded by the said Richard Haddon; That he the said Philip Y Banes
was then and there in a forcible manner taken out of the said Spanish
Schooner by the said Lieutenant and Crew of the said Privateer the
_Peggy_ or some of them and carried on Board the said Privateer, where
the said Philip Y: Banes was searched from Head to Foot by the said
Richard Haddon, the said Lieutenant or officer and others of the Crew
belonging to the said Privateer by the Orders of the said Richard
Haddon, and he the said Philip was then and there unlawfully stripped
by the said Richard Haddon and others of his Crew of the Value of Two
Hundred and twelve Dollars in Gold which he the sd. Philip had
concealed in his Breeches; That he the said Philip did then and there
shew to him the said Richard Haddon his Passport and other papers and
Documents evincing Spanish Property in his said Schooner and Cargo,
and the Intent of his present voyage, and did insist and declare to
him the said Richard Haddon that his sd. Vessel and all the Money,
Goods and Effects that he had on Board wch. had been so seized and
taken as aforesaid were the Property of himself and others the
subjects of his said Catholick Majesty and did belong to no other
Person or Persons whosoever, and did request and intreat him the said
Richard Haddon to restore to him the said Philip the said Money, Goods
and Effects, or to bring him into this port of New York that he might
have an Oppertunity of making his Claim and proving his property to
and in the monies Goods and Effects so taken from him the said Philip
by him the said Richard, his Officers and Crew as aforesaid, But the
said Richard Haddon did altogether refuse to restore the same to the
said Philip or to permit or Suffer him the said Philipe or any of his
Officers or People to come with him in the said Schooner _Peggy_ to
this Port of New York; That the said Philip did then desire the said
Richard to give him a Receipt or Certificate of the money, Goods and
Effects which had been so seized and taken from him as aforesaid, that
he might satisfy all parties concerned in the same Money, Goods and
Effects of the manner How he had been deprived of the same; That the
said Richard did then Deliver to the said Philip a Writing which he
said did Contain such Receipt or Certificate, But afterwards the first
Lieutenant of him the said Richard did require and Insist that he the
said Philipe should redeliver the same to him; That the said Philip
refused to redeliver the said writing and thereupon the said first
Lieutenant lifting up his Fist threatned to knock him down if he
resisted, and with his Other Hand took the said Certificate thus
forcibly and Violently out of said Philips Pocket where he had
endeavored to secure the same, And the said Philip further sheweth
that the said Richard did also take from on board the said Schooner
the said Henry Myerhoffer and William Abbot, his said two Passengers,
And also his passport and other papers shewn to him the said Richard
to the purpose aforesaid, and after giving the said Philip very
threating and abusive Language did then and there send the said
Philip, despoiled and deprived of his money, Goods and Effects,
passport and other papers aforesaid, on Board his said Spanish
Schooner; That the said Richard Haddon did afterwards proceed with the
said privateer _Peggy_ to Lucea on the Island of Jamaica and there
careened and fitted her for the sea and during the time he say[5]
there kept the said Henry Myerhoffer and William Abbot closely
confin'd in order to prevent their discovering or Complaining of this
Treatment he the said Philip had received from the said Richard
Haddon, his Officers and Crew as aforesaid. And when and not before
the said privateer had Hoisted sail to Leave Lucea aforesaid the said
Henry Myerhoffer and William Abbot were set at Liberty, and the said
Privateer proceeded to sea. And the said Philip further Sheweth that
He the said Richard Haddon in the said Privateer Did afterwards Arrive
at this port of New York And that the said Richard Haddon did
afterwards on or about the ninth Day of March in the Year of our Lord
one Thousand Seven hundred and fifty six[6] by his Lybel filed in
this Court claim Part of the Money, Goods, and Effects which had been
taken from him the said Philip in Manner aforesaid, viz. Ten
Doubloons, five Thousand seven hundred and sixty four Dollars, one
Hundred and five Pistreens and some small Silver, as also one
Bracelet, twenty gold Rings, some Silver Buckles, six swivel Guns,
some Shot, one Cask of Powder, some Cutlasses and one Bag of Indigo,
as being the Property of the Subjects of the French King and prayed
that the same might by the Sentence of this Court be adjudged and
condemned as Lawfull Prize to him the said Richard Haddon and the
Owners and Company of the said Privateer _Peggy_, as by the said Lybel
filed in this Court, Reference being hereunto had, may more fully
appear; That the said Philip not having any Pilot or Person on Board
his said Vessel who was acquainted with the Navigation on this Coast
was all together deprived of the Means and Opportunity of making his
Claim and Defence to the said Lybel; That immediately after the said
Seizure he returned with said Spanish Schooner to the Havannah, and
complained there, of the said abuse that he had received from the sd.
Richard Haddon and his Officers and Company. That the Governour of the
Havannah[7] hearing thereof highly resented the same (and as the said
Philip has been informed and hopes to prove) wrote to his Excellency
Sr. Charles Hardy, then Governour of this Province,[8] upon the Matter
of his said Complaint, demanding Redress, And that at that Time there
being a British Man of War lying in that Port the Said Philip also
made the like Complaint to the Commander of the said Ship who advised
the said Philip immediately to repair with his Schooner to Jamaica and
make his Case known to the Government there and Particularly to
Admiral Townshend who was upon that Station, That upon proper
Representations being made, Justice might be obtained and Reparation
procured to the said Philip by Means and assistance of the British
Government; That accordingly the said Philip proceeded to Jamaica and
arrived there on or about the Beginning of March one Thousand seven
hundred and fifty seven and applied to Admiral Townsend and made his
Affidavit of the Treatment and Usage that he had received from the
said Richard Haddon and the said Officers and Crew of the said
Privateer _Peggy_ before a proper Officer there, and also finding the
said Henry Myerhoffer in that Island he procured his Affidavit to be
taken of the like matter, both which affidavits properly certified
under the Seal of the said Island are filed with the Register of this
Court and to which the said Philip for greater Certainty doth refer;
That his Majesty the King of Great Britain, being informed of the
Premises by Affidavits concerning the same, transmitted by Admiral
Townsend, did by a Letter from the Right Honourable the Earl of
Holdernesse his Secretary of State to the Governour of this Province,
Dated at Whitehall the twentieth Day of May one Thousand seven hundred
and fifty seven,[9] express the deepest resentment of the said Injury
done to the said Philip by the said Richard Haddon and the officers
and Crew belonging to the said private Vessel of War, as being
contrary to all Humanity and Good Faith and the General Instructions
Given to Privateers, And did require and demand that Justice might be
done within this his Government to the Subjects of his Catholick
Majesty relating to the Premises, as by the said Letter filed in the
Minutes of his Majesty's Council for this Province of New York[10] and
an attested Copy thereof filed with the Register of this Court, to
which the said Philip doth refer, may more fully and at large appear.
And the said Philip further sheweth That during these Transactions in
the West Indies and in Great Britain he the said Richard Haddon
prosecuted his said Lybel in this Court and to give the better Colour
to his Pretensions that the Money, Goods and Effects before mentioned
were French Property did on the thirty first of March one Thousand
seven hundred and fifty seven procure Some Person calling himself
Francisco Raphe to be examined before the Register of this Court[11]
on the Part of him the said Richard Haddon against the Money, Goods
and Effects mentioned in his said Lybel, wherein the said Francisco
Raphe deposes among other Things that he is a Native of Sierra in
Greece and Subject of the Grand Turk, by Occupation a Marriner, That
two Days after the Vessel, he was on Board of, sailed out of Cuba they
were taken by Captain Haddon which was about December then last, That
he did not know the Vessel's Name of which he was on Board for She had
no regular Commander nor Dispatches or Papers of any Kind from any
Port or Place whatsoever, and he believes that had such Vessel been
taken by any vessel of any Nation She would have been a lawfull Prize
And had She been taken by a Spanish Guarda Costa, the whole Ship's
Crew would have been hanged as Pirates, That there were on Board, of
all Nations allmost, as Genoesse, French and others, in Number twenty
two, and that one of the Chiefs in particular was a French man,
Subject of the French King, That he absolutely, from all the Knowledge
he can form, thinks her to be a just and lawfull Prize; And he the
said Philip further sheweth that he is advised that the said
Deposition is of a very extraordinary Nature, and made by one who
supposed himself to have been a Pyrate; That by Reason of its great
Incertainty it can have no legal Application either to him the said
Philip or his Schooner; that the Vessel on which the said Francisco
Raphe was on Board was a Ship of the Crew Whereof he was one; That the
said Schooner of the said Philip had a regular Commander and proper
Dispatches and Papers from Trindada a Spanish Port; That not one
French Man or Genoé was on Board the said Schooner nor any one
Marriner or passenger Except the said Henry Myerhoffer and William
Abbot that was not a Subject of Spain; And the said Philip further
sheweth That he is an entire Stranger to the said Francisco Raphe,
That he knows no Person of that Name, and is very certain that no such
person was either a Seamen or Passenger on Board the said Schooner in
the Voyage before mentioned, and the said Philip is informed that no
Witness whatsoever was produced in this Court to Prove the Money,
Goods and Effects mentioned in the said Lybel of the said Richd.
Haddon to be French Property but the said Francisco Raphe, and that by
the Minutes of this Court it will appear that on the very Day the said
Examination was taken Publication was ordered to pass and the Cause to
be immediately heard, and thereupon the Proctor for the said Richard
Haddon opened the Lybel and Proceedings, and the Deposition of the
said Francisco Raphe being read this Court having considered of the
same did adjudge, Sentence and decree the said Money, Goods and
Effects in the said Lybel mentioned as lawfull Prize for the use of
the Captors, pursuant to the Statute in that Case made and _provided_
that no just and rightful Claim be made for the same by any Other
Person or Persons within a year and a Day, and ordered that the
Lybellant stipulate with Security to the Register of this Court in the
Amount of the said Gold, Silver and other Things to bring the said
Amount into this Court when this Court should order the same within a
year and a Day aforesaid, To which Minute of this Court the said
Philip doth refer, And the sd. Philip further sheweth That at a Court
of Vice Admiralty held at the City of New York on the twenty-sixth Day
of July then next following, pursuant to the order of this Court of
the thirty first Day of March then last past, the Accounts of Sales of
the said Gold, Silver and other Things lybelled as aforesaid were
brought into this Court and filed,[12] And that thereupon Jasper
Farmer and Thomas Miller of the City of New York, Merchants, appeared
in this Court and freely and voluntarily submitted to the jurisdiction
thereof And severally stipulated to the Register of this Court in the
Sum of Two Thousand four Hundred and nine Pounds, four Shillings and
eleven Pence three Farthings, said to be the Amount of the said Gold,
Silver etc. on Condition to bring the said Money into this Court when
this Court should order the same at any Time within a year and a Day
from the said thirty first Day of March then last past, as by the said
Orders and Proceedings of this Court to which the said Philip doth
refer, Relation being thereunto had, may appear. And the said Philip
further sheweth that by the said Letter of the Right Honourable the
Earl of Holdernesse before mentioned and above referred to, his
Majesty The King of Great Britain did Command Prosecutions to be
immediately commenced for the Recovery of what should appear to be so
plundered from the said Philip and others the Subjects of the King of
Spain or the full Value thereof, with all Costs and Damages occasioned
by the premises; That his said Majesty's Advocate General for this
Province of New York, in obedience to his Majesty's Pleasure so
signified and the express Order and Direction of his Honour the
Lieutenant Governour of this Province and Commander in Chief then
being (having received Information of the said Orders and Proceedings
of this Court) to prevent any Prejudice to the Subjects of the said
King of Spain, in consequence of the same did on the seventeenth Day
of February last past, in the Name and Behalf of his said Majesty the
King of Great Britain, for the Use and Benefit of the said Philip and
other Subjects of the King of Spain, enter and file his Claim to the
Money and Goods first above mentioned, which had been with Force and
Violence taken from him the sd. Philip, declaring it to be intended
therein to include all the Particulars that had been before libelled
by the said Richard Haddon and other Goods that had not been so
lybelled, but had been taken and seized by the said Richard Haddon in
Manner as aforesaid, together with the Interest, Damages and Costs
which had accrued by Reason of the Premises; That afterwards the said
Advocate General on the tenth of March last in Obedience to the Orders
aforesaid did file his Claim more at large In this Court and among
other Things therein contained prayed that this Court would order and
decree that the said Monies, Goods and Chattels in the said Lybel of
the said Richard Haddon mentioned might by the Order of this Court be
brought into this Court according to the Stipulation aforesaid, as by
the said Claim filed with the Register of this Court, to which the
said Philip doth refer, may more fully and at large appear.
Whereupon, on the said tenth Day of March, it was ordered by this
Court that the Securities of the said Richard Haddon do bring into
this Court the said Sum of two Thousand four Hundred and nine Pounds,
four Shillings and Eleven Pence three Farthings, being the Amount of
their Stipulations aforesaid, on or before that day Week or Shew Cause
to the contrary; That on the seventeenth Day of March last the said
Jasper Farmer and Thomas Miller appeared in this Court by their
Proctor But did not bring into this Court the said Sum last mentioned
and had Time till the fifth Day of April following to shew Cause why
they had not done it, on which Day they filed their Demurrer to the
said Claim of the said Advocate General, alledging for Cause of
Demurrer that it appeared by the said Claim that the Scope and End
thereof was to relieve the said Philip y: Banes, a Spaniard, claiming
the Money and Effects formerly Lybelled in this Court by Richard
Haddon in Behalf of himself and the Owners and Company of the Schooner
_Peggy_, as French Property, against the Sentence and Decree of this
Court, to all which several Matters and other Things in the said Claim
contained the said Defendants did demur.

[Footnote 1: Cabañas.]

[Footnote 2: Caleb Davis had lived at St. Augustine as a trader for
several years prior to 1738, had made himself wealthy when, in 1739,
he proposed to settle in Savannah, and was a shrewd, cunning fellow,
so says Secretary William Stephens in his journal; _Col. Rec. Ga._,
IV. 64, 247, 309. Oglethorpe commissioned him as a privateer, in 1739,
but later arrested him for sending two Spanish prisoners in to St.
Augustine; _ibid._, IV. 422, 467, 483, 511, 623, and Harris,
_Oglethorpe_, p. 215. Egmont mentions him as "Captain Davies, of
suspected character"; _Col. Rec. Ga._, V. 139. In the next war he was
a very successful privateer; _ibid._, XXV. 42, 251. In 1751 and 1752
he commanded Oglethorpe's principal vessel of war; _Acts of the Privy
Council, Colonial_, IV. 128, 130, 170, 287, VI. 322.]

[Footnote 3: Pedereros, small pieces of ordnance used for throwing
stones, etc.]

[Footnote 4: Machetes.]

[Footnote 5: Error for stayed.]

[Footnote 6: Error for 1757.]

[Footnote 7: Don Francisco Cagigal de la Vega, captain-general of
Cuba; see doc. no. 189.]

[Footnote 8: Governor of New York from Sept., 1755, to June, 1757.]

[Footnote 9: Printed in _N.C. Col. Rec._, V. 756.]

[Footnote 10: _Calendar of Council Minutes_, p. 434.]

[Footnote 11: See doc. no. 185.]

[Footnote 12: Doc. no. 186.]

For That, by the Claim it appears that his said Majesty the King of
Great Britain ought not to recover the Money, Goods and Effects in the
Claim mentioned, they being expressly therein declared to be the
Property of a Spanish Subject, and not the Property of his said
Majesty the King of Great Britain, And for that his said Majesty ought
not by Law to sue for himself and a Subject in that Suit, And for
[that] a Decree in that Suit would be no Barr to a new Suit brought in
the Name of his Majesty on the Stipulation for the good Behaviour of
the said Richard Haddon, And for that by Law no Subject is to answer
to the King, for an Injury done to another Subject, but by a Criminal
Prosecution, And for that a Decree upon that Claim would be no Barr
to, nor could it prevent the said Philip Y: Banes from filing his
Claim in his own Name, And for that divers Persons are made Parties to
that Claim that ought not to be joined together, as by the said
Demurrer filed with the Register of this Court to which the said
Philip doth refer may more at large appear. And the said Philip
further sheweth that he hath not hitherto obtained any recompense or
satisfaction for the Injury aforesaid.

Wherefore he the said Philip for the Reasons aforesaid and for the
several Matters and Causes offered and insisted on in this his Libel
doth Humbly Claim the said Two Thousand four Hundred and nine Pounds,
four Shillings and Eleven Pence three Farthings, secured to be paid
into this Court by the Stipulation aforesaid, together also with all
and every the other Monies, Goods and Effects so seized and taken from
him by the said Richard Haddon as aforesaid and not mentioned in the
Lybel of him the said Richard, and all Damages, Losses and Expenses by
him the said Philip in any wise sustained by Reason of the Premises
And Humbly prays the Advisement of this Court in the Premises and the
due Process of the Law against the said Two Thousand four Hundred and
nine Pounds, four Shillings and eleven Pence three Farthings, secured
to be paid into this Court by the Stipulation aforesaid, and all and
every other such due Process as by the Law ought to issue and be
granted against all and every Person and Persons who is, are or may be
liable and Chargeable for the same and for all and every other the
Monies, Goods and Effects so seized and taken from Him the said Philip
as aforesaid and for his Losses and Damages and Expenses aforesaid,
and such full and ample Relief and Satisfaction touching the Premises
as, by the Law of Nations, the particular Laws and Statutes of Great
Britain, and the Custom and Usage of this Court, is due in cases of
this Nature to the Subjects of his Catholick Majesty the King of Spain
being in Amity with his Majesty the King of Great Britain.

WM. SMITH Junior,[13] Adv'te
  for the Libellant.

JAS. DUANE,[14]
  Advocate for the Libellant

[Footnote 13: William Smith, jr. (1728-1793), the historian of New
York, afterward chief-justice of New York and, in his last years, of
Canada.]

[Footnote 14: James Duane (1733-1797), a prominent member of the
Continental Congress from 1774 to 1784.]


_189. Certificate of Captain-General Cagigal. November 4, 1758._

Don Francisco Cavigal[1] de la Vega, Knight of the Order of St. James,
Field Marshall, Governour and Captain General of the Havana and Island
of Cuba etc. _Whereas_ I am Informed that Don Philipe Y Banes, Captain
and Administrator of the Schooner Called _our Lady of the Rosary and
Holy Christ_, And Marseleno Marrero,[2] Are now in the City of New
York, Dominions of his Majesty the King of Great Brittain, in Order to
Recover 7871 Dollars which in silver, Doubloons, and Gold Trinckets
were by force taken from them on the 6th December 1756, by Capt.
Haddon of the Privateer Schooner _Peggy_, from New York, a small
distance from Pine Island on the south side of this Navigation, and
having been Informed by Letters from the aforesaid that they are
hindered in prosecuting for their Right by the Owners of said
privateer Schooner pretending that they were Pirates at the time of
the Robbery, and in Attention that the Contrary has been Clearly
proved by their Sailing with a Spanish Crew and under Spanish Colours
and with Leave from my Lieutenant Governour Don Francisco Guitierres
in the City of Trinity to proceed to the anchoring place of Mansanillo
in the Jurisdiction of Valamo,[3] And After the Robbery they arrived
on this Coast at Porte Bane[4] where they took in Necessarys and with
my Licence they Sailed to Jamaica in search of said privateer and
presenting themselves before his Excellency the Governour Declared the
Robbery upon Oath, as did Likewise Henry Myeroffer and William Abbot,
two Englishmen who were on Board Said Don Philipe's Schooner at the
time the Robbery was Committed, and were afterwards taken and put by
said English Captain on Board his privateer, who Carried them to St.
Lucia on the Island of Jamaica, as appears from the Instruments that
said Don Philipe Shewed me on his Return, _And Whereas_ Considering
the Great Prejudice that has Resulted from their being out of their
Native Country and knowing that they are Inhabitants of this City and
Subjects to the King of Spain and have not Incurred the Penalty of
Pirates, In their behalf and for myself I pray and Recommend to his
Excellency the Captain General and Governour and the Judge of the
Admiralty of New York that they will be pleased to Order to be
Delivered the said Money to the said Spaniards, inasmuch as I am ready
to Observe Equal Justice in the Like Case, And in Case they Should
meet with any Difficulty in the Recovery of their Right, I do by
Virtue of this Grant them a passport and Leave to follow their
Recourse to the Court of London and Appeal to his Brittanic Majesty
till the Ultimate Resolution of his Royal Clemency; to this End I have
perused the foregoing and do Sign and Order the Royal Signet to be
Affixed to the same and Authorized by the present Notary to the
Government. Given in the Havannah the fourth of November 1758.

[Footnote 1: For Cagigal. Don Francisco Cagigal de la Vega
(1693-1777), who had been governor of Santiago de Cuba from 1738 to
1747, and had defended it successfully against the English in 1741,
was captain-general of Cuba from 1747 to 1760, when he became viceroy
of New Spain.]

[Footnote 2: In the same set of papers there is a deposition of
Marcelino Marero, born in the Canary Islands, forty-three years old,
almost identical in contents with that of Ybañez, doc. no. 187, and of
the 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 City
Certify that Don Diego Guitierres, by whom this Dispatch is
Authorized, is Notary to the Government and that Entire faith and
Credit may be given to all his Dispatches, Judicial and Extrajudicial,
Dated ut Supra.

ANTO'O PONCE       MANUEL RAMERES      CHRIST'O LEAL
  Not'y Publick      Notary Publick      Not'y Publick

I Certify that the foregoing is a true Translated Copy of the Original
Spanish Exam'd by

GARRAT NOEL
Sworn Span'h Intep'r


_190. Deposition of William Haddon. November 16, 1759._

Province of New York.
Court of Vice Admiralty.

The Deposition of William Haddon who having been before Sworn and now
examined on the Interrogatories to be administered to witnesses to be
produced, Sworn and Examd. on the part and behalf of Thomas Miller and
Sampson Simpson, defendants, at the suit of the attorney General In
the name of our Lord the King Libbellant.

1st. To the First of the said Interrogatories this deponent saith that
his name is William Haddon, aged thirty eight years, his usually place
of residence is at New York, By occupation a schoolmaster[1] and a
subject to the King of England.

[Footnote 1: "At a commodious House ... in Bound Brook, Province of
East New Jersey, young Gentlemen are educated and boarded on
reasonable terms, by William Haddon, Professor of ab, eb, etc."
Advertisement in _New York Mercury_, Mar. 30, 1761. He taught there
seven years, then at Newark from 1768 on. _New Jersey Archives_, first
ser., XX. 548.]

2d. To the second Interrogatory this deponent saith that he knows
Richard Haddon, late commander of the private Sloop of war called the
_peggy_, that the said Richard Haddon is this deponents brother and he
has Known him as long as he has had knowledge.

3d. To the third Interrogatory this deponent Saith that he knew a
person called Don Philip, which this deponent supposes to be the same
person Philip Vanes, otherwise called Philip De Francois, otherwise
called Philip Y Banes, mentioned in the third Interrogatory, that he
first saw him the 7th of December 1756, In the Latitude of 21 and 33
m. N.[2] and Longitude 81° 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 Cayo
Largo. Doc. no. 184 gives lat. 21° 18´, long. 81° 57´.]

4th. To the fourth Interrogatory this deponent Saith that he saw a
certain Schooner pretended to be a spanish Schooner, But did not know
her name, and first became acquainted with her the 7th of December
1756, In the Latitude of 21 and 23 N: and Longitude 81 and 30, this
deponent was on board the privateer _peggy_ when the said Schooner
was taken, that he was Capn. Clerk,[3] this deponent is not very
positive but believes there was about fourteen men on board the said
schooner at the time she was taken, that the said schooner had four
carriage [and] six swivel Guns at the time she was brought too, as
this deponent afterwards heard, and that she had no regular papers or
Clearances from any publick authority, as this deponent saw or heard
at that time or since. This depont. also knows and remembers that
particular pains was taken by Capn. Haddon and all the officers
belonging to the said privateer to discover whether there were any
regular ships papers or Clearances on board the said schooner at the
time of her being taken, and in particular the Capn. when he sent
Christopher Miller on board, his first Lieutt., desired him to send
all the papers of the schooner on board the privt.; that after the sd.
first Liet. got on board he made a search and told the said Capn.
Haddon from the said schooner that he could find no regular papers on
board her, whereupon the Capn. told him bring all the papers he could
find and the Capn. of the sd. Schooner, upon which the Liet. made
answer he could not tell which was the Capn.; upon that the Capn. told
him to bring two or three of the Likeliest of the men, that he did so
and these men belonging to the said schooner came on board, one of
which, which the deponent took to be Don Philip, being asked for the
papers delivered a pocket book to the Capn. which the Capn opened upon
the Quarter deck and took out the papers; that this deponent was there
and saw nothing but a few Letters, sealed up and directed to Different
persons in Kingston; then sd. Capn. Haddon told the said Philip that
he certainly must have more papers; upon that sd Philip shrugged up
his shoulders and was Silent, and after that Capn Haddon called to the
first Liet., wo [who] was still on board the said Schooner, to make a
further Search, and this deponent never heard of any papers at all
being found that were satisfactory. the said Philip appd.[4] to be the
Capn. or principal officer of the said schooner. this deponent
further Says that he heard Capn. Haddon say, upon the peoples asking
what he Intended to do with them, that he would carry them to the
Havannah, upon which as this deponent understood by the Interpretation
of one Francis De Spania, a Spaniard belonging to the privateer
_peggy_, and from the Declarations of Capn Haddon, they begged and
Intreated he would not, for that if he did they would either be hanged
or made slaves, and that they said they did not value the money, and
their lives would be of Little Service to Capn. Haddon, and the said
Capn. told this deponent the reason he did not send her into any port
for condemnation was partly out of humanity to the people and partly
in regard to the Interest of his owners. This deponent does not know
certainly but has been Informed that the said Schooner was not
properly equipped or fitt to come upon this Coast in the months of
December or January.

[Footnote 3: Captain's clerk.]

[Footnote 4: Appeared.]

5th. To the fifth Interrogatory this deponent saith that to the best
of his Knowledge the said Schooner had on board of her at the time she
was brought to by the said privateer _peggy_ about fourteen men,
composed of a Mixture of Nations, that the following Quantitys of
Money was taken out of the said and brought on board of the _peggy_
and Sorted on the deck and there counted, viz. 5764 Dollar, 10
Doubbloons, 105 pistereen, 1 Two Shilling, 1 shilling, five bitts, two
pair of Silver Knee buckles and one Box containing Sundry Trinkets of
Gold, to witt, one Bracelet, twenty Gold rings and one pair of Gold
Sleeve buttons; it was brought on board in a publick manner and it was
sorted and counted in this deponents presence and this deponent
understood that the said money and other things were owned among the
different persons on board.

6th. To the Sixth Interrogatory this deponent Saith that he heard that
the persons on board the said Schooner delivered up or gave the said
box or Trinkets to Capn Haddon on condition that he would not Carry
the said Schooner with the Crew thereof to the Havannah and further
saith not to this Interrogatory.

7th. To the Seventh Interrogatory this deponent saith that he knows
that Capn. Haddon acquainted the persons on board the said Schooner
with the name of his vessel, his own name, the port she belonged to,
and that he should carry the things he had from on board the said
schooner to the port of New York for condemnation.

8th. To the eighth Interrogatory this deponent Saith that he remembers
That another Schooner was brought to by the _peggy_ some short time
before the schooner was brought to out of which Capn. Haddon had the
money belonging to the Spanish Nation, and richly Laden and they were
Treated extreamly Civil by Capn. Haddon; this depont. Could not
observe from any of his conduct that he was desirous to rob or pilfer
them, but on their producing regular paper and clearances discharged
them, and this deponent knows of his supplying a Spanish Sloop with
provisions on the Twelfth of Jan'y 1757.

9th. To the Ninth Interrogatory this depont. saith that he knows of
nothing further that will tend to the advantage of the defendt. in
this Cause except That Capn. Haddon found a french Letter on board of
a prize which he took coming from the Mississippi, from a french
officer in Luisiania to a person of distinction in old france, by
which he understood that the french were Incroaching upon the Spanish
Territories and had still designs so to do, upon which Capn. Haddon
Inclosed the said french Letter in a Letter Directed to the Governour
of the Havannah, which said Letter this depont. wrote by direction of
the Capn.,[5] and that the said Capn. always Treated prisoners and
others with humanity and Civilly and always acted with much care.

[Footnote 5: See also doc. no. 184, note 3.]

10th. To the Tenth Interrogatory this deponent Saith that he shall not
gain or loose by the event of the suit any other wise than by reason
of the near relationship he stands in to Capn. Haddon and by his
belonging to the said Vessel in the said Cruize.

WILLM. HADDON.

Examined this 16th of Novr. 1759
Per me
  SILVESTER, D: Register


_191. Declaration of Don Gerónimo de Medrano. November 19, 1759._[1]

[Footnote 1: This and the three succeeding testimonies were taken in
Cuba under the commission mentioned in note 1 to doc. no. 184.]

19th of November 1759 Before the Lieut. Auditor General Commissioned
in this Cause appeared Ensign Don Geronimo de Medrano a Native and
Inhabitant of this City, who being sworn by making the Sign of the
Cross according to Custom and promising to declare the Truth, being
asked according to the Tenor of the Articles Contained in the
Interrogatory and Inserted in the foregoing Copy, he said as follows--

1. To the first he said that he knows Don Phelipe Ybañes and has known
him by that Name about twenty four years and knows him to be a Native
of St. Lucar de Barameda in Andalusia and an Inhabitant in this City,
where he Married in the Year 35 with a first Cousin of this Deponent;
That from the year 37 to that of 51 he followed the Business of
Working at Husbandry in the Fields near a Dwelling House he had at the
Mills and in the Herd yard of Doctor Don Ambrosio de Medrano.
Afterward he went to places up the Country where he became Clarke to a
privateer Schooner fitted out by the Lieut. at War of the Town of St.
John of the Remedys[2] Don Juan Antonio de Royo. Afterwards said
Ybanes Informed him that he had been met with by some Englishmen Said
to be Privateers near the Coast of this Island (he did not Exactly
remember the place) and that they had carried away the Money he took
for his Voyage, and is what he heard Commonly Reported in this City,
which is all he knows about this Enquiry.

[Footnote 2: San Juan de los Remedios, commonly called Remedios, lies
in the middle of the north coast of Cuba, 32 miles east of Santa
Clara.]

2. To the second he said that he does not know the said Schooner and
is Ignorant of the other particulars in the Enquiery.

3. To the third he said that he is Ignorant of the Contents in this
Enquiery.

4. To the fourth he said that he did not know Caleb David nor for what
he came to this City.

5. To the fifth he said that he knows nothing about the Enquiery in
this Article.

6. To the Sixth he said that he knows one Antonio de Correa, a
Spaniard living in this City since the year 1733, that his Employment
was bringing Wood from the Coast with Regordete Fregeño[3] but does
not know that he made a Voyage in 56, Nor the Embarcation in which he
went nor any thing of the rest Enquired.

[Footnote 3: _Regordete_ means short and stout.]

7. To the seventh he said that he knows nothing more to Answer than
what he has said to the foregoing.

8. To the Eighth he said that he Expects no Interest from the Result
of this Cause and that what he has said and Declared is the Truth, to
which he has made Oath and being Dated and Read to him he said it was
well Wrote. That he is thirty Six years of Age. to which he set his
Hand and his Honour, his Rubric of which I give Testimony.

HERON'O JOS'H MEDRANO.

Before me

JUANFERN'O DEL VALLE.
  N'y Pub.


_192. Declaration of Don Joseph de la Vega. November 19, 1759._

Immediatly after appeared before the Lieut. Auditor Gen'l Don Jos'h de
la Vega, an Inhabitant of this City, and being sworn by making the
sign of the Cross according to form of Right and promising to say the
truth, Being Enquired according to the Tenor of the Article[s]
Comprehended in the Interrogatory and Inserted in the foregoing Copy,
said as follows--

1. To the first he said that he has known Don Phelipe Ybanes about
twenty years, a Native of Spain and an Inhabitant of this City, having
remained here after the loss of the _Flora_[1] and Married Dona
Eugenia Suarez, Neice of Doc'r Don Ambrosio de Medrano, that he has
seen him taking care of a Herd Yard belonging to the said Doc'r, and
at a small Dwelling House Contiguous to it said Ybanes had Kills for
making Charcoal and Lime, in which Employ he continued some years. He
afterward saw him in this City Employed in buying and selling tile
about two years and a half or three years agoe but does not know where
he was when absent.

[Footnote 1: The reference is probably to the frigate _Floridana_,
which foundered off the Cuban coast in the hurricane of July 15, 1733,
which destroyed sixteen ships of the Havana fleet of Don Rodrigo de
Torres. Fernández Duro, _Armada Española_, VI. 242-243.]

2. To the second he said that he does not Remember to have heard (but
on one occasion about two years and a half agoe) said Ybanes say that
he had a Schooner of his Own and that making a Voyage in her he was
Robbed by some Englishmen, but did not say where he was bound to nor
any other thing particular relating to what is Contained in the
Enquiry, for which Reason and not having any knowledge of the said
Schooner he cannot give any Acco't of them.

3. To the third he said that he knew Caleb David in this City about
the months of March or April in the year 57, having seen him at the
House of Elizabeth Berrow the Irish Woman, where he was Informed that
he was come with his Wife and some other English People in a Long
Boat, having been cast away on the Coast of Campeche,[2] nor does he
know that he had ever been in this City before nor what he came about.

[Footnote 2: Yucatan.]

[Transcriber's Note: No 4th item in original.]

5. To the fifth he said that as before mentioned he saw Caleb David
with two or three English, but did not know their Names and
Consequently is Ignorant if they are the same that are mentioned in
the Enquiry and the other particulars thereof.

6. To the sixth he said that he only knew Antonio Correa by sight, by
being in Don Phelipe Ybanes's Company, that he has Understood he was a
Mariner but can give no particular Account what trade he was Employed
in nor the Vessel in which he went at the time Referred to in the
Enquiry.

7 and 8. To the seventh and Eighth he said that he has no Interest nor
Expects any from the Determination of the Cause; that what he has said
and Declared is the truth; that he knows nothing more of these
Articles than what he has already Related, of all which he has made
Oath and Signed his Name to it, being forty-two years of Age.

JOSEPH DE VEGA.

Before me

JOHNFERN'O DEL VALLE
  Ny. Pub.


_193. Declaration of Domingo de Armas. November 20, 1759._

In the City of the Havana on the 20th of November 1759, Before his
Honour Don Martin de Ulloa, of the Order of St. James, one of His
Majestys Council and Auditor Gen'l of said City, Appeared Domingo de
Armas, a Native and Inhabitant of this City, and having been sworn
according to the usual form by making the Sign of the Cross and
therebye promising to declare the Truthe, being Enquired According to
the Tenor of the Articles Contained in the Interrogatory inserted in
the foregoing Copy, he Answered as follows

1. To the first Article he said that he knows Don Phelipe Ybanes, a
Native of the Kingdom of Castele, and settled in this City ever since
the loss of the _Flora_, Commanded by Don Rodrigo de Torres, on the
Rocks of Florida, and Married here to a Neice of Doc'r Don Ambrosio de
Medrano; That he has seen the said Ybanes working in a Dwelling House
near the Great Bridges; that he and his Negroes were Employed at the
Kills making Charcoal and Lime; That he afterward came to this City
where he saw him several times but does not know what Employment he
had Excepting that he once heard him say that he had a Schooner in the
Coast Trade and that he would discharge the Master for not making so
good a Hand of Her as might be Expected, but it is now three Years
since he saw him in this City; That he then said he had been Robbed by
some English Privateers and that he was thinking to go to Recover the
Effects they had taken from him.

2. To the second he said that he has no knowledge of the said Schooner
nor of any other particular contained in this Enquiry.

3. To the third he said that there appears nothing from this Enquiry
that he can Answer to.

4. To the fourth he said that he knows Caleb David, that He and his
Wife lived in the House of Elizabeth the Irish Woman, that he came to
this City about three years agoe, as he was Informed, in a Long Boat
or Barge, having been cast away on the Coast of Campechy, which is all
he can say to this Enquiry.

5. To the fifth he said that he is Ignorant of the Contents of this
Enquiry.

6. To the Sixth he said that he only knows Antonio Correa to be a
Seafaring Man of middle Stature and brown Complexion, but knows
nothing of his making a Voyage at the time mentioned nor of any thing
else Contained in this Enquiry.

7. To the seventh can say nothing farther.

8. To the Eighth he said that he has not nor does he Expect any
Interest from the Determination of this Cause, That what he has
declared is the truth, to which he has made Oath, and is Sixty Years
of Age. Signed by him and Rubricated by his Lordship, of which I give
Testimony.

DOMINGO DE ARMAS.

Before me

JUAN FERN'O DEL VALLE.
  N'y Pub.


_194. Declaration of Elizabeth Berrow. November 22, 1759._

In the Havana on the 22 Novemb'r 1759, Before His Honour Don Martin de
Ulloa, of the Order of St. James, one of his Maj'ys Council, Lieut.
Gov'r and Auditor of this City and Jurisdiction, Commissioned by his
Majesty in this Cause, Appeared Elizabeth Berrow, a Widow and
Inhabit't of this said City, and Swaring by the Sign of the Cross
according to Right and Form, promised to declare the Truth, and being
Enquired relating to the Tenor of the Articles Inserted in the
Interrogatory and Comprehended in the foregoing Copy Declared as
follows--

1. To the first she said that she knew Don Phelipe Ybanes in the year
56 by reason of his having been several times at her House, where
Caleb David an English Man Lodged, who he went to see; That she knew
said Ybanes to be a Spaniard by having heard it so Reported and that
he Married in this City; that he went to Sea in a Shooner of which he
was entire Owner, as said Caleb David and Ybanes himself Reported.

2. To the second she said that she understood from said Ybanes that
the Schooner which he called his own was Named _Our Lady of the
Rosary_ though she never saw said Schooner in this Port. That the said
Ybanes before he went out in her came to see Caleb David and told him
in the presence of this Deponent that he had been thinking to make a
Voyage to Jamaica and that if he had any Commands there he would
Execute them, telling him that he carried to the Amount of Eight
Thousand Dollars in Money and Gold and Silver Trinkets. Upon which
said Caleb David gave him Several Letters of Recommendation for
Jamaica and desired him to carry two Englishmen that came with him in
the Long Boat from Campeche to this Port where the Embarkation in
which they arrived had been Confiscated.

3. To the third she said that she Refers to what she Answered in the
foregoing and that it does not appear to her that said Schooner
carried any other Cargoe beside the Money and Trinkets as aforesaid,
nor does she know if she went to Sea with Correspondent papers and
Passports or not, But when Don Phelipe Ybanes Returned to this City
and Related to Caleb David how the English Privateers had taken away
what he Carried and that he was minded to go to Jamaica and Reclaim
his Effects, said Caleb David offered him New Letters of
Recommendation and a Certificate that said Ybanes was not risen up as
the English had been pleased to Suppose but was only a Merchant.

4. To the fourth she said that she knew Caleb David very well, that he
Lodged three Months and odd Days at her House, by means of which she
came to know that his coming to this City was to Reclaim some prises
taken from the English Nation after the Cessation of Hostilities, to
which End he brought Powers from the Concerned and Dispatches from the
Court of Gt. Britain which he shewed to this Deponent.

5. To the fifth she said that she knew the two individuals mentioned,
the one of which was a German and the other an Englishman, but both
Subjects of the King of G'Brit'n and living in Georgia, who came to
this City with Caleb David in the aforesaid Long Boat and are the same
Persons that he desired Don Phelipe Ybanes to take with him to
Jamaica, and she was informed by said Caleb's Wife that in Effect they
did go with him, but does not know if they went away by Day or by
Night, as they did not Lodge in the Deponents House but on board the
Long Boat and only came there once a Day to carry provision, which was
Considered to be for Ybanes's Schooner, which he declared was so when
he Returned to this City and said that the English Privateer Carried
them on board as being Subjects of G't Britain.

6. To the Sixth she said that she only knows Antonio Correa, whose
Employ is that of a Mariner, but is Ignorant what Voyage he made in
the year and at the time mentioned or in what Vessel.

7. To this she said that she knows nothing of what is Contained in
this Enquiry.

8. To the Eighth she said that she neither Expects nor has any
Interest from the Decission of this Cause and that what she has
Declared is the Truth of which she has given Oath, being Dated. That
she is thirty six years of Age. to which she Signs her Name and His
Honour has placed his Rubric.

ISABEL DE VERROA.

Before me

JUANFERN'O DEL VALLE.
  Not'y Pub.


_195. Reversal of Sentence by Appellate Court. December 19, 1760._[1]

[Footnote 1: This document appears, substantially the same, in Sir
William Burrell's report in Marsden, _op. cit._ (see doc. no. 184,
note 1), p. 185. Ybañez having appealed from Judge Morris's decree,
the case came at last before the Lords Commissioners for Appeals in
Prize Causes. Their names are given in the heading. Granville, earlier
known as Carteret, was lord president of the council from 1750 to
1763, Kinnoull chancellor of the duchy of Lancaster 1760-1762,
Mansfield chief justice 1756-1788. Cholmondeley and Falmouth were
lieutenant-generals. Nugent and Ellis were vice-treasurers for Ireland
and members of Parliament. All these commissioners were privy
councillors, all were politicians, none but Mansfield was a lawyer,
though the wide range of Granville's learning embraced a considerable
knowledge of the law.]

Extracted from the Registry of his Majestys high Court
of Appeals for Prizes.

_Friday_ the Nineteenth day of December in the year of our Lord one
thousand seven hundred and sixty, before the Right Honourable John
Earl Granville, Lord President of his Majesty's Most Honourable Privy
Council, George Earl Cholmondeley, Thomas Earl of Kinnoul, Chancellor
of the Dutchy of Lancaster, Hugh Viscount Falmouth, John Lord Berkely
of Stratton, Samuel Lord Sandys, William Lord Mansfield, Lord Chief
Justice of his Majesty's Court of Kings Bench, Robert Neugent Esquire
and Wellbore Ellis Esquire, Commissioners (among others) of his
Majesty's most Honourable Privy Council for the Receiving, Hearing and
Determining of all Causes of appeals as to Prizes, in the Privy
Council Chamber at White hall in the Presence of Nathanuel Bishop,
Notary Publick, Deputy Register of the said Court.

_La Virgin del Rosario y el Santo Christo de Buen Viage_
Philip Y Banes Mr.

A Business of Appeal and Complaint of       }
Nullity promoted by Philip Y Banes Master   } For Sentence
of the Spanish Ship _La Virgin del Rosario_ } on the Second
_Y el Santo Christo de Buen Viage_          } Assignation
against Richard Haddon Commander of         } and Informations.
the Schooner _Peggy_                        }

Their Lordships having heard the Proofs and Council on Both Sides
declared that it Appears to their Lordships that upon the Case laid
before the Judge below by the Respondent himself the Capture of the
Effects in Question ought to have been deemed Piratical, that the
Respondent ought to have been prosecuted for the same and the Effects
Secured and that the Proceedings were Irregular and Illegal and the
Sentence of Condemnation of the Thirty first March 1757 Appeald from
Unjust and Warranted by no Collour of Proof. Therefore their Lordships
By their Final Decree or Sentence Reversed the same and Decreed the
Ten Doubleoons, five thousand seven hundred and sixty four Dollars,
one hundred and five Pistreens, one Bracelet, Twenty Gold Rings, the
Silver Buckles and Small Silver, Six Swivel Guns and Shott, one Cask
of Powder and Cutlasses and one Bag of Indigo to be Restored or the
Value thereof to be paid to the Claimant, and Condemned the Captor in
Costs and Damages and their Lordships are of opinion that the Governor
of New York ought to cause the Bond given by the Captain of the
Privateer to be put in Suite and apply the Penalty for the Benefit of
the Claimant.

GODF'Y LEE FARRAND, Register
  of his Majesty's high Court
  of Appeals for Prizes.


_196. Appeal of Miller and Simpson. July 7, 1761._[1]

[Footnote 1: For Miller, see doc. no. 186, note 3; for Simpson, doc.
no. 187, note 3. The Lords Commissioners for Appeals, in pronouncing
the decree just preceding, evidently considered that the whole matter
was before them; but Judge Morris, July 4, 26, 1761, declared that the
sentence reversed by them was solely that of Mar. 31, 1757, condemning
as prize the goods brought by Haddon, and that their decree was no
reversal of the sentence of Feb. 10, 1759.]

Thomas Miller and {
Sampson Simpson   { New York Court of Vice
  _ad's_          { Admiralty.
  The King        {

Whereas you the Honorable Lewis Morris, Esqr., Commissary and Judge of
the Court of Vice Admiralty for the Province of New York, did lately
pronounce your Decree against us in the above Cause, whereupon we by
our advocate or Counsel did pray Leave to appeal therefrom and to have
Time to perfect the same, We do accordingly hereby protest against the
said Decree or Sentence against us and appeal therefrom to the
Commissioners appointed or to be appointed under the Great Seal of
Great Britain for receiving, hearing and Determining of appeals in
Causes of Prizes; and we offer to do every Thing the Law requires that
we may have the full Benefit of the said appeal and do for that
purpose pray that the Apostells[2] may be delivered to us in due Time
this 7 July 1761.

[Footnote 2: The apostles were a set of documents in the case, made up
as a record for the use of the higher court.]

THOMAS MILLER.
SAMPSON SIMPSON.

WM. SMITH Junr, Advocate
  for the Defendant.




THE _DAGEROED_.


_197. Bill of Health. November 9, 1757._[1]

[Footnote 1: From the files of the New York vice-admiralty court, in
custody of the United States district court, in the federal building.]

Omnibus hasce literas inspecturis significamus nos, Consules et
Rectores Civitatis Roterodamensis Comitatus Hollandiae, declaramusque
veritatis certi Petrum Lagerboom, Civem Amstellodamensem magistrum
hujusce navis nominatae _Dageroed_, certi oneris, vulgò lasten,
circiter Centum et quinquaginta capacis, merces suas, quibus onerata
navis est, ei in hoc oppido imposuisse, uti easdem vento secundo In
Indos occidentales deveheret, quemadmodum idem magister, nec non
praedictae navis exercitores nobis indicârunt, petentes à nobis
libellum dimissionis et literas assertorias, quibus exteri certi
reddantur, hanc Civitatem nec Peste, nec ullo alio morbo contagioso,
infestari. Enimverò cum officii nostri sit civium nostrorum commodis
non deesse, et veritati testimonium perhibere, praescertim iis id
expetentibus, omnes, ad quorum curam haec res pertinebit, certos
facimus, nec Peste, nec ullo alio morbo venenoso, Dei Opt: Max:
beneficio, hanc Civitatem infectum esse: proindeque rogatos volumus,
uti magistro huic una cum navi, sociis navalibus, et mercibus liberum
concedant commeatum et facultatem largiantur, mercaturam liberè terra
marique exercendi, prohibeantque ne ulla ei in eo remora objiciatur;
quin potius uti adjumento sint, commodo ejus id flagitante; quo nos ad
reddenda eadem officia devincent arctè obstringentque: In quorum fidem
hasce literas sigillo nostro, quò publice ad causas utimur, muniri, et
manu ejus, qui nobis est à Secretis, signari voluimus nono die mensis
Novembris anni partae Salutis millesimi septingentesimi quinquagesimi
Septimi stylo novo.

J. BJELLE.

_Translation._

To all who shall examine these letters, we, the burgomasters and
schepens of the city of Rotterdam in the county of Holland, signify
and declare, of certain truth, that Peter Lagerboom, citizen of
Amsterdam, master of this ship called the _Dageroed_, of about 150
lasts burden,[2] has loaded his wares, with which the ship is
freighted, upon her in this town, in order to transport them, with a
favorable wind, to the West Indies, as the said master and the
officers of the said ship have declared to us, asking from us a
let-pass and clearance, by which foreigners may be assured that this
city is not infested by a plague or any other contagious disease.
Since certainly it is a part of our official duty to meet the needs of
our citizens and to offer testimony to the truth, especially for those
who ask it of us, we assure all those to whose care this matter
belongs, that through the goodness of God Almighty this city is not
infected with the plague or any other deadly disease; and accordingly
we desire that those who are requested should accord to this master,
together with his ship, his shipmates and goods, free transit and the
opportunity to carry on traffic freely by land and sea, and should
prohibit that any hindrance should be offered to him in this matter,
nay rather that they should aid him, when his needs require it;
whereby they will lay us under strict obligations to render to them
the same good offices. In testimony whereof we have caused these
letters to be provided with our seal which we use publicly for
business,[3] and signed by the hand of our secretary, on the ninth day
of November in the Year of Salvation 1757, new style.

J. BJELLE.

[Footnote 2: The last was about two tons.]

[Footnote 3: In Continental practice, a municipal corporation usually
had, besides its great seal used for the more solemn public documents,
a lesser seal, called the _sigillum ad causas_, used for minor public
documents or for private papers authenticated by public authority.
This paper bears a seal having the legend "Sigillum ad causas oppidi
Rotterodami", encircling an impression of a castle with portcullis,
standing on a shore, with a swan swimming in front of the gate.]

       *       *       *       *       *

_198. News of Privateers. May 19, 1757._[1]

[Footnote 1: From the _Boston News-Letter_ of May 19, 1757.]

By a Master of a Vessel lately arrived from Hispaniola, we are
inform'd, that on the 13th of April there lay at Port of Prince[2] a
Brig of about 120 Tons, mounting 14 Carriage Guns, and 200 Men, also a
Sloop about 70 Tons, 8 Carriage Guns and 100 Men, both intended in
Consort (as it was there said) for the Coast of New-York and
thereabouts. The Brig is Rhode-Island built, black sides, with a white
Bottom, the Sloop is painted very gay, as with red, yellow, black and
green. He heard likewise that at another Port in the said Island,
there was fitting out a Snow (which had been lately a Packet taken
from the English) to mount 16 Carriage Guns, and to be commanded by
one Palanqui (a very noted Commander) to come on the same Coast.

[Footnote 2: Port au Prince, on the west coast, the present capital of
Haiti.]

We hear from Bristol, in Rhode-Island Government, that Capt.
Mark-Anthony De Wolfe[3] in a Privateer Sloop of 50 Tuns, with 40
Hands and 6 Guns, belonging to Warren, sail'd from thence the 24th of
April, and put into Newport, from whence she sail'd three Days after;
and on the 4th of this Instant May, to the Northward of Bermudas, took
a French Snow of 150 Tons, with 18 Men, who made but little
Resistance, having but 2 Guns, and no one killed or wounded on either
side: The Privateer return'd with her Prize to Bristol the 15th,
having finished this Cruize in 3 Weeks to an Hour. The Cargo of the
Snow consists of 200 Hogsheads of Sugar, a Quantity of Coffee, Indigo,
Elephants-Teeth, Logwood, etc. and was bound from St. Domingo for
Old-France.

[Footnote 3: He was brother-in-law of Captain Simeon Potter, and
sailed with him, as clerk, on the _Prince Charles of Lorraine_ (see
docs. nos. 176, 177) in 1745. His son, James De Wolf, United States
senator 1821-1825, was one of the most successful of owners of
privateers; one of his vessels, the _Yankee_, captured or destroyed
five million dollars' worth of British property during the war of
1812. Munro, _Tales of an Old Sea Port_, pp. 214-223.]

Yesterday the Privateer Ship _Hertford_, commanded by Capt. Thomas
Lewis, lately fitted out from this Place, brought into our Harbour a
valuable French Prize, a Ship of about 240 Tuns, which he took about
three Weeks ago, to the Southward of Bermudas in Lat. 29: She was
bound from Porto Prince in Hispaniola to old France; her Cargo is said
to consist of 400 Hogsheads of Sugar, and a considerable Quantity of
Indigo, Cotton-Wool, Hides, etc. valued at about 9000£ Sterling. She
sail'd out with 4 other Vessels bound also to France, and had parted
from her a Day or Two before she was taken: One of which is the Prize
carried into Bristol as beforementioned; and another of them is said
to be the trading Sloop that was seized at Rhode-Island last Week. Two
other Vessels, they say, sail'd the Day before them for Cape-Breton.

Several French Letters found on board this Prize confirm the Arrival
of the Squadron mentioned in our last, commanded by Monsieur
Beaufremont;[4] and that he had sent out two Frigates to clear the
Coast of our Privateers; but that the English Squadron approaching,
they ran into Porto Paix,[5] and informed the French Admiral thereof;
who thereupon put to Sea, and a great Number of Cannon were heard for
several Hours; so that we may expect to hear of some smart Engagement.

[Footnote 4: The Chevalier de Bauffremont, prince de Listenois, _chef
d'escadre_ in the French navy and later vice-admiral, had sailed from
Brest at the end of January, with a squadron of six vessels, for St.
Domingo, capturing the _Greenwich_, 50, on his way. From the West
Indies he sailed for Louisbourg, where he arrived May 23.
Lacour-Gayet, _La Marine Militaire de la France sous Louis XV._, pp.
383, 495.]

[Footnote 5: Port au Paix, on the north coast of Haiti.]


_199. Letter of William Smith, jr. April 8, 1757._[1]

[Footnote 1: London, Public Record Office, Admiralty, 1:3882.]

NEW YORK 8 April 1757.

_Sir_,

On the 6th Instant, a French Snow[2] laden with Sugar[3] and Indigo,
to a very considerable Value, was brought into this Port, by two
English Merchant men, who captivated her on the High Seas in March
last, tho they had neither Letters of Marque nor other Commission.

[Footnote 2: _Le Bon Rencontre._ The case was a curious one (notes of
Judge Hough, from the papers relating to it in the files of the New
York vice-admiralty court). On March 22, 1757, this French snow of 160
tons, while on a trading voyage from Port Louis in Guadeloupe to
Bordeaux, was captured off Bermuda by the English ship _Maxwell_,
Etherington master, and the New York sloop _St. Stephen_, Thomas, who
sent her with an English crew to New York; but neither of them had any
letters of marque, or commission authorizing them to take prizes. The
snow was brought to anchor inside Sandy Hook. Early in the morning of
April 6, John Crew, captain of the New York privateer _Fox_, came
aboard from a small boat with a few men, and took possession. Later,
the snow was taken over by the _Sutherland_ man-of-war. Thus, the _Bon
Rencontre_ was without doubt a captured enemy vessel, but the captors
had not been authorized privateers, and the authorized privateer and
the king's ship had not made the capture. Under these circumstances
the admiralty judge, Lewis Morris, ordered the marshal to take custody
of the snow, and appointed Benjamin Nicoll and William Smith, jr., the
writer of this letter (see doc. no. 188, note 13), to be advocates for
the Lords of the Admiralty, whose interests seemed to him to be
involved. Thus there were four parties claiming--the original captors,
Crew, the King, and the Admiralty. April 7 the snow was libelled on
behalf of the Admiralty. Later, Etherington withdrew and Crew's claim
was ruled out, but as between the King and the Admiralty Judge Lewis
Morris gave no decision before his death in 1762. His successor, Judge
Richard Morris, gave judgment Aug. 10, 1764, but it has not been
preserved.]

[Footnote 3: 200 hogsheads, says the _New York Gazette_ of Apr. 11;
the _Gazette_ of June 27, by the way, enumerates 23 privateers then in
New York harbor.]

After her Arrival in Port, she was seized first by a Privateer, and
then by the _Southerland_ Man of War, who both claim her as their
Property respectively.

Colonel Morris, the Judge of the Vice-Admiralty, apprehending that the
Lords of the Admiralty might be interested, issued a Warrant, by which
the Snow was taken into the Custody of the Marshal of that Court; and
as their Lordships have as yet appointed neither Proctor nor Advocate
in this, and the Colonies of Connecticut and New Jersey, his Honour
the Commissary was pleased on this Occasion to assign Council (as you
will perceive by the inclosed) to examine into the Affair, and
prosecute on their Lordships Behalf.

We have accordingly interposed a Libel for that Purpose, and let me
beg the Favour of you, to wait upon their Lordships, for an authentic
Copy of their Patent, and such Information, as may be thought proper
to be transmitted.

Whether their Lordships, in Case of a Sentence in their Favour, will
be pleased to consider the Captors, or chuse rather to reserve the
Prize to themselves, I conceive it will be necessary, that a proper
Power be sent over; of which you will be so good as to put their
Lordships in Mind; and whatever Directions and Papers are given into
your Hands, please to forward them with the utmost Dispatch to,

Sir,

Your most obedient
  humble Servant

WM. SMITH Junior.

Captain Morris,

[_Endorsed:_] By the _Leicester_ Packet: To Staats L. Morris, Esquire,
London.[4]

[Footnote 4: Staats Long Morris, son of the judge and brother of the
"signer" Lewis Morris, was at this time a captain in the British army,
later married the Dowager Duchess of Gordon, and died a British
general.]


_200. Letter of Stephen Hopkins. January 15, 1757._[1]

[Footnote 1: Public Record Office, Admiralty, 1:3819. The writer,
Stephen Hopkins (1707-1785), celebrated as a governor of Rhode Island
(1755-1757, 1758-1762, 1763-1765, 1767-1768) and a signer of the
Declaration of Independence, was at this time governor. The letter is
a duplicate bearing an original signature. It was addressed to Richard
Partridge, agent in London for the colony from 1715 to 1759. He dying
March 5, 1759, receipt of this letter is acknowledged by his executor,
Joseph Sherwood, May 11; letter in Miss Kimball's _Correspondence of
the Colonial Governors of Rhode Island_, II. 289. Sherwood, appointed
agent as Partridge's successor, pursued the general assembly's
request, but apparently without success, the Lords of the Admiralty
thinking it unnecessary to appoint a register and marshal in Rhode
Island, when there were already such officers in Massachusetts;
_ibid._, II. 289, 293, 298, 304, 306.]

RHODE ISLAND January 15, 1759.

_Sir_,

You may remember that near a Year ago I wrote you by Order of the
General Assembly to endeavor to procure a Judge of the Court of Vice
Admiralty to be appointed within and for this Colony.[2] And as you
very soon finished that Affair successfully, a Judge being appointed
and commissioned, so he hath been accordingly sworn into his Office.
Notwithstanding this being so far done, yet there appears to be a
Deficiency of the Officers of that Court, as no Register or Marshal
have been appointed. It is true there hath commonly been a Deputy
Register in this Colony appointed by a Principal living in Boston at a
great Distance from the Colony, and within another Jurisdiction, which
seems incompatible, and it is solely at his Option, whether he will
appoint a Deputy to attend in this Colony or not, the Inconvenience of
which is obvious at the first View: And it doth not appear that any
Commission hath been given for a Marshal of the Court of Vice
Admiralty in this Colony since one Mr. Gibbs was appointed to that
Office who hath been dead many years.[3]

[Footnote 2: By vote of the assembly, _R.I. Col. Rec._, VI. 107,
passed at the October session of 1757, Stephen Hopkins was instructed
to write to London requesting the appointment of a vice-admiralty
judge especially for Rhode Island, and recommending Col. John Andrews
to be the person. He wrote to Partridge, who on May 13, 1758,
acknowledges receipt of the letter, Kimball, _Corr. Govs. R.I._, II.
273, and on May 24 announces his success, _ibid._, II. 275, where also
is printed the warrant of the Lords of the Admiralty to Sir Thomas
Salusbury, judge of the High Court of Admiralty, to issue a commission
to Andrews. Thus Rhode Island was taken out of the jurisdiction of
Chambers Russell, vice-admiralty judge at Boston, who is commonly said
to have been judge for all southern New England from 1750 to 1767.
Andrews remained judge till the Revolution.]

[Footnote 3: George Gibbs, appointed marshal about 1743, _ibid._, I.
244.]

The General Assembly, sensible of the great Inconveniences and
Mischiefs likely to attend the Want of those Officers, as you will see
by their Vote accompanying this Letter, have directed me in their
Behalf to desire you immediately to make proper Application to the
Lords of the Admiralty, and use your utmost Endeavours to obtain a
Register and Marshal of the Court of Vice Admiralty to be appointed
and commissioned for this Colony.[4] You will also perceive by the
aforesaid Vote of the General Assembly that they desire the Office of
Register may be obtained for Mr. Thomas Vernon,[5] and that of Marshal
for Mr. William Mumford,[6] who have been the acting Persons in those
two Offices in this Colony for near Twenty Years past, and have each
in their several Duties of Office conducted themselves unblameably,
and in all other Respects maintained unblemished Characters.

[Footnote 4: Vote in _R.I. Col. Rec._, VI. 174.]

[Footnote 5: Postmaster of Newport. His diary during his banishment
thence as a Tory in 1776 has been printed in _R.I. Hist. Tracts_,
XIII. (Providence, 1881).]

[Footnote 6: Captain of Fort George, Newport.]

I am certain it must be needless for me to say any Thing further of
this Matter, since you will have the General Assembly's Order
concerning it, which must have infinitely Greater Weight in urging you
to prosecute this Affair, with Zeal and Dispatch, than any Thing I
could say.

In Behalf of the Colony and for myself, with great Regards I subscribe

Your faithful Friend, and
the Colony's Obedient Servant

STEP: HOPKINS.


_201. Notes on Commissions for Trying Pirates. March 10, 1762, August
26, 1772._[1]

[Footnote 1: Public Record Office, Admiralty, 1:3679. The note of
March 10, 1762, and the list of commissions, were enclosures in the
note of Aug. 26, 1772. The writer, Samuel Seddon, was solicitor to the
Admiralty. John Clevland, to whom the earlier letter was addressed,
was secretary to that body from 1751 to 1763; Philip Stephens, from
1763 to 1795. For these commissions to try pirates, see doc. no. 51,
note 2, and doc. no. 106, note 1. The death of George II. and the
accession of George III., 1760, made necessary the issue of new
commissions. The persons included in the commission were, in each
case, the governor, the vice-admiral, flag-officers, and
commander-in-chief of any squadron within the admiralty jurisdiction
of the colony, its lieutenant-governor and council, the chief civil
judge, the judge of the vice-admiralty, the captains and commanders of
royal ships within the jurisdiction, the secretary of the colony, the
surveyor general of customs, and the collector of plantation duties.
_Acts of the Privy Council, Colonial_, IV. 485-487; John Adams,
_Works_, IX. 628.]

_Sir_,

I take the Liberty to acquaint you, that in Obedience to the
Directions of my Lords Commissioners of the Admiralty, signified by
your Letter of the 30th December last, I have solicited the passing of
several Commissions through the proper Offices, for Trying Pirates at
the following Places, Vizt.

                    { At Jamaica,
By the _Danae_      {    Barbadoes,
                    {    The Leeward Islands.

                    {    The Bahama Islands,
                    {    South Carolina and Georgia,
By the _Gosport_    {    North Carolina, Maryland, and Virginia,
                    {    New York, New Jersey,
                    {    Pensilvania and Connecticut.

                    }    Massachusets Bay,
By the _Launceston_ }    Nova Scotia,
                    }    Newfoundland, and
By the _Gosport_         Bermuda Islands.

And I herewith send you the Said Commissions, being Eleven in Number,
which have been passed under the Seal of the High Court of Admiralty,
and are all dated the 14th day of January last.

I am

Sir

Your most humble and
  most obedient Servant,

SAM'L SEDDON.

PICCADILLY
10th March 1762.
Honourable John Cleveland Esquire

_Sir_,

In Obedience to the Directions of my Lords Commissioners of the
Admiralty signified to me in your Letters of the 24th instant, That I
should let you know what Commissions for the Trials of Pirates in
America, I have passed through the several Offices, in Consequence of
Mr Cleveland's Letter of the 1st February 1762, and the Time when, and
by what Conveyances I sent them to the respective Colonies: And also,
whether any Commission has been passed in His present Majesty's Reign
for Trying Pirates at Rhode Island; I take the Liberty to acquaint you
for their Lordships Information, that in Obedience to an Admiralty
Order signified to me in a Letter from the late Mr. Secretary
Cleveland dated the 30th day of December 1761, I solicited the Passing
of Eleven Commissions for trying of Pirates at _Rhode Island_, and
other Places in America, all which were dated the 14th of January 1762
as appears by the enclosed Extract, taken from the Entries thereof
made in the Register's Office at Doctors Commons; And I further take
the Liberty to acquaint you, that on the 10th day of March 1762, I
sent the said Eleven Commissions to Mr. Cleveland; as appears by the
enclosed Copy of my Report to their Lordships of that Date

I am

Sir

Your most humble and
  most obedient Servant,

SAM'L SEDDON.

PICCADILLY
26th August 1772.

Philip Stephens Esquire.


Extract of Commissions for Trying Pirates in America. 14th January
1762.[2]

[Footnote 2: The figures refer to pages in the appropriate volume of
the registers of the High Court of Admiralty.]

                } Commission for trying such            }
North Carolina  } Pirates as shall be taken and         }
Maryland, and   } carryed into His Majesty's            } 169
Virginia        } Provinces of North Carolina,          }
                } Maryland and Virginia.                }

                } Commission for Trying such            }
Bahama          } Pirates as shall be taken and         } 176
Islands         } carried into His Majesty's Bahama     }
                } Islands. Dated the same Day.          }

                } Commission for Trying such            }
                } Pirates as shall be taken and carried }
Bermuda         } into His Majesty's Bermuda            } 180
Islands         } Islands. Of the same Date.            }

                } Commission for Trying such            }
Island of       } Pirates as shall be taken and carried }
Newfoundland    } into His Majesty's Island             } 184
                } of Newfoundland. Of the same          }
                } Date.                                 }

                } Commission of the same Date,          }
Province of     } for Trying such Pirates as shall      }
Nova Scotia     } be taken and carried into His         } 187
                } Majesty's Province of Nova            }
                } Scotia.                               }

                } Commission of the same Date,          }
Island of       } for Trying such Pirates as shall      } 191
Barbadoes       } be taken and carried into His         }
                } Majesty's Island of Barbadoes.        }

                } Commission of the same Date,          }
New York        } for Trying such Pirates as shall      }
New Jersey      } be taken and carried into His         } 195
Pensylvania     } Majesty's Provinces of New            }
and Connecticut } York, New Jersey, Pensylvania,        }
                } and Colony of Connecticut.            }

                } Commission of the same Date,          }
Leeward         } for Trying such Pirates, as shall     } 200
Islands         } be taken and carried into His         }
                } Majesty's Leeward Islands.            }

                } Commission of the same Date,          }
Island of       } for Trying such Pirates, as shall     } 205
Jamaica         } be taken and carried into His         }
                } Majesty's Island of Jamaica.          }

                } Commission of the same Date,          }
Provinces of    } for Trying such Pirates, as shall     }
South Carolina  } be taken, and carried into His        } 209
and Georgia     } Majesty's Provinces of South          }
                } Carolina and Georgia.                 }

                } Commission of the same Date,          }
Massachusetts   } for Trying such Pirates, as shall     }
Bay, New        } be taken, and carried into His        }
Hampshire       } Majesty's Provinces of the            } 214
and Rhode       } Massachusetts Bay and New             }
Island          } Hampshire, and Colony of Rhode        }
                } Island.                               }

_Sir_,

The _Danae_ sailed 6th May 1762 for Jamaica and Leeward Islands.

    _Gosport_      7 April 1762 for Virginia and Maryland.

    _Launceston_   7 April 1762     New England.

but cannot find out how the Pacquets to Nova Scotia and Newfoundland
were conveyed.


_202. Articles of Agreement; the Mars. June 23, 1762._[1]

[Footnote 1: Printed broadside, 20 by 16 inches, preserved among the
papers of the New York vice-admiralty court, no. 85 in the "large
book". It bears near the heading a picture of two vessels, with the
legend, "Success to the Brigantine _Mars_." With these elaborate
articles of agreement may be compared the articles of agreement,
substantially similar, of the Rhode Island privateer _Defiance_, 1756,
in the _Newport Historical Magazine_, II. 198-204, or those of the
_General Washington_ and the _Belisarius_, 1781, presented in
facsimile in the _N.Y. Geneal. and Biog. Record_, LIII. 349-351.]

_New-York, June 25, 1762. Articles of Agreement Made and Agreed upon,
Between Capt. Dennis M'Gillycuddy,[2] Commander of the Privateer
Brigantine, call'd, the Mars, and Company. (Printed by H. Gaine, in
Hanover-Square.)[3]_

[Footnote 2: The _Mars_ came in on Apr. 21 from a previous cruise,
under the same captain. _New York Mercury_, Apr. 26, 1762. May 22, the
vice-admiralty court pronounced a decree in a suit brought by her
commander, as libellant, against the prize snow _Johnson_. July 2, we
find him, as owner of the _Mars_, 16 guns, petitioning for a fresh
commission as commander of her. _Cal. Hist. MSS. N.Y._, II. 732, 734.
"On Monday last [July 5] sailed from the Hook, on a Cruize against his
Majesty's Enemies, the Privateer Brig _Mars_, Capt. McGillycuddy";
_Mercury_, July 12. The issues of Oct. 18 and Nov. 29 show that she
made many prizes, but lost her captain.]

[Footnote 3: Hugh Gaine, the celebrated printer of the _New York
Mercury_, had his shop at the Bible and Crown in Hanover Square from
1757 to 1800. _Journals of Hugh Gaine_, ed. Paul L. Ford, I. 8, 9.]

_Imprimis_, That the said Dennis McGillycuddy, for himself, and in
Behalf of the Owners of the Privateer, shall put on board the said
Brigantine a sufficient Number of Great Guns, Small Arms, Powder,
Shot, and all other necessary warlike Stores and Ammunition; as also,
suitable Provisions sufficient for the said Brigantine, during the
whole Cruize; which Cruize is to be understood to be from the time of
the said Brigantine's sailing from the Port of New York, until the
Time of her returning thither again, for which there shall be no
Deduction made out of the said Company's Shares: And in Consideration
thereof, the Owner of the said Brigantine or his substitutes, shall
have and receive _One Half_ of all Prizes, Goods, Wares, Merchandizes,
Monies, Effects, etc. that shall be taken during this Cruize; the
other _Half_ shall be divided, and paid to the said Brigantine's
Company, by the Captain aforesaid, according to the Rules hereafter
stated.

II. That the Captain shall have and receive, for himself, _Six Full
Shares_, and shall be granted all Privileges and Freedoms which have
been granted any Captains of Privateers: That the Lieutenants and
Master, shall each of them have _Three Full Shares_, That the
Captain's Clerk, Mates, Steward, Prize-Master, Gunner, Boatswain,
Carpenter, and Cooper, shall each of them have and receive, _Two Full
Shares_. That the Gunner's Mate, Boatswain's Mate, Doctor's Mate,
Carpenter's Mate, and Cooper's Mate, shall each of them have and
receive _One Share and a Half_.

III. That the doctor of the said Privateer, or whoever is at the
Expence of the Chest of Medicines, shall have and receive the Sum of
---- Pounds, if well furnished. Also the doctor shall have and receive
for himself _Three Full Shares_, as also all Medicines and Instruments
belonging to any Doctor that shall be taken.

IV. That if any Person spies a Sail, and she proves to be a Prize
worth One Hundred Pieces of Eight a Share, he shall receive Forty
Pieces of Eight at Six Shillings. And the first Man who enters on
boarding a Prize in an engagement, and strikes her Colours, shall
receive Half a Share for his Bravery.

V. That all the rest of the said Brigantine's Company, such as shall
be deemed able and sufficient Seamen, shall each of them have and
receive _One Full Share_, out of the Effects, Plunder and Prizes, that
shall or may be taken by the said Brigantine during the Cruize,
Provided, They are not found guilty of the Faults or Crimes hereafter
named.

VI. That as to the Proceedings of the Vessel, and undertaking any
Enterprize at Sea, or on Shore, and into what Port any Prize shall be
Carried that shall be taken during the Cruize, shall be left entirely
to the Captain's Election.

VII. That whoever of the Company shall breed a Mutiny or Disturbance,
or strike his Fellow, or shall Game with Cards or Dice for Money, or
any Thing of Value, or shall sell any strong Liquors on board, during
the Voyage, he or they shall be fined as the Captain and Officers
shall direct. And if any of the Company be found pilfering or
stealing any Money or Goods of what kind soever, belonging to the said
Privateer or Company, he or they shall forfeit his or their Share or
Shares of the Prize-Money or Effects then and afterwards taken by the
said Brigantine, during the whole Cruize, to the Owner and Company.

VIII. That if any of the Company in an Engagement with the Enemy, or
in the true Service of the Cruize, shall lose a Leg or an Arm, or be
so disabled as to be deprived of the Use of either; every such Person
shall be allowed out of the effects or Prize first taken, (before any
Division be made) the Sum of _Six Hundred Pieces of Eight_, at Six
Shillings; or the Value thereof in Goods, at the Price according to
public Sale: But if there be not so much taken at that Time, the
vessel and Company shall keep out till they have enough for that
Purpose; Provided no extraordinary Accident happens.

IX. That all the small Plunder, shall be brought to publick Sale, and
be delivered to the highest Bidder, for which their Shares shall be
accountable, excepting the Captain's Perquisites, which are such as
did belong to the Captains of Prizes, and such Clothing as the Captain
shall think proper to allow the Prisoners.

X. That if any Person belonging to the said Brigantine, be killed in
an Engagement, or die on board, his Share or Shares, of all Prizes
taken in his Life-Time, shall be paid to his Executors, if so
appointed by Will; but if no Will be made, then his Part of what was
got as aforesaid shall go to his Widow, or Heirs at Law, if claim'd in
Twelve Months, from the Time of the said Brigantine's Arrival into her
commission'd Port; and on Failure thereof, said Share or Shares shall
be and belong to the general Interest of the Whole.

XI. That if any of the Company do disannul any of the Officers
Commands for the Good of the Cruize, or the general Interest, he or
they shall be fined and punished as the Captain and Officers shall
direct. And if any of the Company do Assault, Strike or Insult any
Male Prisoner, or behave rudely or indecently to any Female Prisoner,
he or they shall be punished as the Captain and Officers shall
direct. And if any of the Company begin an Attack, either by firing a
Gun, or using any Instrument of War, before Orders be given, by the
proper Officers, he or they shall be punished; but if any of the said
Company do refuse to make an Attack on the Enemy, either at Sea or
Land, at the Command and in the Manner ordered by the Captain and
proper Officers, or do behave with Cowardice in any Engagement, he or
them shall forfeit his or their Share or Shares for such Refusal or
Cowardice; and if any of the Company get drunk, or use blasphemous and
prophane Words, they shall be punished as the Captain and Officers
shall direct: And likewise if any of the Company do desert the said
Schooner before her Return to New-York, he or they shall forfeit their
whole Shares to the Owner and Company, first paying such Brigantine's
Debts as are contracted by the Captain's Knowledge.

XII. That at the Division of any Money or Effects taken this Cruize,
---- Dead Shares shall be deducted out of the Whole, which shall be
divided by the ---- amongst the most Deserving and them that does most
for the benefit of the Cruize.

XIII. That any Prize or Prizes that shall be taken during the Cruize,
shall be with all Speed sent into the Port of New-York, in order that
the same may be libelled against in the Court of Admiralty for
Condemnation, and to no other Place whatsoever, except said Prize
shall be so disabled that she could not proceed to said Port: And any
Person or Persons which shall be aiding or assisting, or shall give
his or their Consent for sending any Prize or Prizes, into any other
Port but the Harbour of New-York aforesaid, shall forfeit his or their
Share to the Owner and Company; and that no Division shall be made
till they return to the Port of New-York.

XIV. That in Case any neutral Property, or any Property whatever, be
taken and sent into Port, and after Condemnation be had, an Appeal
should be entered by the Claimants, then, and in such Case, it shall
be Lawful with the full Consent of the Captain and Company of the
said Privateer, for the Owner, or his Attorney, to compromise,
compound, and settle, by giving up any Sum or Part of the Prize, as
shall seem most advisable to him for the general Interest, that the
Captain and Company may receive each and every one of them their just
and lawful Right and Prize-Money, and not be kept out of their Money
until the Appeal may be determined in England; and in Case no such
Compromisation can be made, then a certain Sum, shall be lodged out of
the Prizes before taken, to prosecute the said Appeal: And it shall
likewise be lawful for the Owner or Agent of the said Privateer to
discharge any Capture that may be made during his said Cruize, without
the formality of a Prosecution, in order that all unnecessary Charges
may as much as possible be avoided.

XV. That it shall not be lawful for the said Officers and Company, or
either of them, to demand or sue for the Prize-Money so to become due
to them, or any Part thereof, until fourteen Days after the Sale of
such Prize or Prizes, the Settlement of the Accounts relating to the
said Cruize, and the actual Receipt of the Money by the Agent
appointed to manage the Affairs of the said Cruize.

XVI. That if it should happen, that the said Briganteen, by Means of
any Fight, Attack, or Engagement, be lost, sunk or disabled, so as she
may be thereby rendered unfit for any further Service as a private
Vessel of War to cruize; that then, and in such Case, the owner of
said Brigantine, shall be entitled to take to himself, and for his own
sole Use and Property, any Ship or Vessel taken during the Cruize,
with her Guns, Tackle, Furniture, Ammunition and Apparel, not
exceeding the Value of the Brigantine at the Time of her Sailing;
which Ship or Vessel so taken shall be to the Owner in Lieu of the
said Brigantine.

XVII. That in Case of the Death of the Commander, the next in Place
shall strictly observe and comply with the Rules, Orders, Restrictions
and Agreements, between the owner of the said Brigantine and the said
Commander.

God Save the King, and Success to the _Mars_, and all her brave Crew.


_203. Certificate of a Negro's Freedom. June 26, 1762._[1]

[Footnote 1: From the papers of the New York vice-admiralty court,
book III. The document is not signed, but a translation written on the
back of it is signed Lagardien, to which is added a note: "Mons.
Lagardien is a Gentleman of an Estate near the Cape [_i.e._, Cap
François] in St. Domingo and came hither for his Health about the
latter End of Octob. last". July 24, the provincial council gives a
pass to "Mons. De Laugardiere" to proceed to Bristol, England, in the
snow _Belle Sauvage_. _Cal. Hist. MSS. N.Y._, II. 734. Judge Hough
informs me that, negroes found on captured vessels being often sold as
prize, attempts to obtain their freedom, as in the present case, were
often made, and that these attempts were usually unsuccessful in the
earlier period of the court's existence, successful in the later.]

Je Soussigné Certifie que le negre apellé laville, qui se trouve
actuellement prisonnier à la nouvelle York, Est Libre de naissance,
Pour l'avoir veu et connu à St. Domingue travailliant de son metier de
charpentier, Et si le petit negre qui a Eté pris avec luy est son
neveu comme il l'atteste, il est aussy libre, D'autant plus que le
pere et la mere dud. negre laville sont aussy affranchis, En foy de
quoy jay signé le present certificat, que jatteste veritable a la
nouvelle York le 26e juin 1762.

_(Translation)_

The undersigned certifies that the negro called Laville, now prisoner
in New York, is free born, having seen him and known him at St.
Domingo where he was working at his trade as carpenter, and if the
little negro captured with him is his nephew as he declares, it is
incontestable that he also is free, the more so that the father and
mother of the said negro Laville are also freed people. In testimony
whereof I have signed the present certificate, which I attest as
authentic. New York June 26, 1762.




INDEX


Abaco Keys, 405.

Abbot, William, 537, 540, 541, 543, 546, 549, 554, 565, 566.

Abbott, Richard, 196.

Abd-ul-Ghaffar, 156, 158.

Abercromby, _Capt._ (_Gen._) James, 485, 486, 489, 490.

Aberdeen, brigantine, 385.

Abraham, sailor, 315.

Abreu de Galindo, Juan, _History of the Canary Islands_, 373 n.

Accomac, Va., 263.

Achill, island, 161, 162, 164.

Acton, _Capt._ Edward, R.N., 192.

_Acts of the Privy Council, Colonial_, 153 n, 273 n, 291 n, 318 n, 469 n,
543 n, 577 n.

Adams, Henry, quartermaster, 171.

Adams, John, _Works_, 577 n.

Addington, Isaac, secretary, 213, 223, 286.

Addison, James, 400.

Aden, 194.

Admiral, Lord High, 312, 355.

Admiralty, High Court of, 143 n, 271 n, 275 n, 312-313, 348, 349, 351,
353, 378 n, 379, 442 n, 520, 521, 523, 579 n.

Admiralty, Lords of the, 245, 247, 347 n, 355, 376, 573 n, 575 n, 577, 578.

Admiralty courts, xi-xiii, 7, 8, 74 n, 141 n, 145, 146, 188, 312-313,
349, 516;
  Jamaica, 36;
  New York, 530 n;
  Rhode Island, 285 n, 318-323, 575-576;
  Spanish, 478 n;
  Teneriffe, 478;
  Virginia, 271;
  _see also_ Vice-admiralty.

Admiralty judge, commissions, 321 n, 517-519, 519-523;
  warrant for commissioning, 187-188.

_Adventure_, pirate ship, 217 n.

_Adventure Galley_, Kidd's ship, 190, 197, 198, 204, 205, 210, 212, 213,
214.

_Adventure Prize_, _see_ _Quedah Merchant_.

_Advice_, H.M.S., 192, 250 n.

Advocates, 439 n.

African Company, Brandenburg's, 82 n;
  _see also_ Royal African Company.

Agadir, 487 n.

Agreement, articles of, 581-585.

Agreement, _Revenge_ and _Success_, 463-465.

Airy, Samuel, 300.

Albany, negro, 385 n.

Albany, N.Y., 277.

Alcedo, Dionisio de, _Aviso 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 attacking
Portobello, 84-91;
  on the Isthmus, 92, 93, 95, 97;
  at Panama, 98;
  deposed, 100.

Crab Island, W.I., 196, 257, 258;
  _see also_ Vieques.

Crane, _Capt._ Gilbert, 25.

Cranston, _Gov._ Samuel, 241, 285, 321, 346, 347.

Craven, _Gov._ Edward, 290 n.

Craven, _Lord_ (William Craven), 286.

Crawford, _Earl of_, 253 n.

Crawford, George, 163, 164.

Cregier, Martin, 9-11.

Crew, _Capt._ John, 573 n.

Crisp, Richard, 152.

Cromie, William, 369, 370.

Cromwell, Oliver, 406 n.

Crumsty, _Capt._ Andrew, 296.

Crute, Capt., 277.

Cul-de-Sac, Haiti, 471.

Cullam, John, 495.

Culliford, _Capt._ Robert, pirate, 198, 199, 201, 203, 209, 210.

Cunliffe, Foster, 468.

Cunningham, David, 345 n.

Cunningham, _Capt._ George, 391.

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 Rhode
Island_, 383 n, 575 n;
  _Correspondence of William Pitt_, 529 n, 535 n.

King, Francis, pirate, reprieved, 284.

King, Henry, declaration, 64-66;
  petition, 50, 51.

King, John, 181.

King, William, 461.

King's Bench, 378 n.

Kingston, _Capt._, 293.

Kingston, Jamaica, 537, 541.

Kinnoull, _Earl of_ (Thomas Hay), 567.

Kip, Jacob Hendricksen, 14-17.

Kip, _Bishop_ W.I., _Historical Scenes from the Old Jesuit Missions_,
511 n.

Kipp, William, deposition, 510-512.

Kiquotan, Va., 259, 262, 270.

Kittredge, George L., 253 n.

Knott, _Capt._ Andrew, pirate, 186, 224, 238-241.

Knowles, _Vice-Adm._ Charles, 541 n.

Knowles, Edward, 300.

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.