THE REVENGE. (continued 2)

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

147. Petition and Complaint of John Freebody. November 5, 1741.[1]

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 Massachusetts Bay SS. To the Hono'ble Robert Auchmuty, 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—

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]

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.

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]

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.

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.

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]

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.

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.

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.

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.

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.

151. Appeal in Prize Case. December 8, 1741.[1]

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.

152. Bond for Appeal in Prize Case. December 19, 1741.[1]

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]

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.

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.

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

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.

154. Letters to Owner from London Agents. June 10, July 17, 1742.[1]

Mr. John Freebody. London June 10th 1742. 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—

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.

155. Decree of Vice-Admiralty Judge. July 7, 1742.[1]

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.

156. Letters to Owner from London Agents. July 27, August 13, 1742, February 16, 1743.[1]

London 27th July 1742.

Mr. John Freebody1 p.c.

SirCopy per Ellis

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—

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.

London Febry 16th 1742/3.

Mr. John Freebody

SirCopy per Capt. Turner

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]

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 proceedings13. 4

For drawing a State of the Case for Counsel16. 8

For a Copy thereof for Dr. Strahans Opinion5.

For Dr. Strahans fee giving his Opinion in Writing2. 2.

For Attending on him6. 8

For a Copy of the Case for Dr. Pauls Opinion5.

For his fee giving his Opinion in Writing2. 2.

For Attending on him6. 8

For a Copy of the Case for Dr. Andrews Opinion5.

For his fee giving his Opinion in Writing2. 2.

For Attending on him6. 8

For Interposing a protocal of Appeal before a Notary6. 8

For the Caution[2] entred into to prosecute the Appeal and Stamps7. 6

For the Marshalls Report8.

For Entring into Bail5.

For the Proctors fee praying an Inhibition and Monition and Surrogates fee[3]6.

Aug't 5th 1742

For the Inhibition and Monition under Seal and Stamps and Extracting2. 6. 10

For the Effect of that Said Inhibition1.

Nov'r 11th.

For attending when the Transmission was brought in by the Judge below0. 5.

For Compounding for the process5.

For Drawing a Libel of Appeal16. 8

For Ingrossing the same and Stamps7. 8

For the Advocates fee signing the Libel2. 2.

For Attending on him6. 8

For Returning the sd. Inhibition and Monition at the Counsel Chamber when a Proctor appear'd for the Appellator and gave in a Libel13. 4

For A Copy of sd. Libel for Advise Proctor and Stamps7. 8

Fee when Issue was Joined6. 8

For Attending when the Cause was Assigned for Sentence on the first Assignation6. 8

For Coach hire3.

24 March [1743].

For Attending at the Counsel Chambers when the Cause was Assign'd for Sentence at the next Court13. 4

For Coach hire3.

For drawing a Breif for Councell4.13. 4

For Drawing and making an Index and Abstract of the Process and Copy1. 6. 8

For Copys of the Opinions given by the Counsell for their Use13. 4

10 May.

For Attending at the Councell Chamber when the Judges Assign'd the Cause to be heard the next Court13. 4

For Coach hire3.

17.

For the same to the next Court13. 4

For Coach hire3.

2 June.

For Attending at the Councell Chamber when the Cause was Assigned to be heard when their Lordships should Appoint13. 4

For Coach hire3.

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 hire3.

For two Copys of the Brief for Councell and One for my Self5. 5.

For Dr. Pauls fee to Attend the Lords of the Councell etc.10.10.

For Diverse Attendance on him13. 4

The like for Dr. Andrews fee10.10.

For Divers Attendance on him13. 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 Stile1. 6. 8

For Coach hire3.

Paid the said Costs10.10.

Paid the Reg'rs Bill2. 1.[5]

For several Extrajudicial Attendance in the whole Cause1. 6. 8

For Clark and Officers10.

For Letters and Sportalage[4]7. 6

£74. 9. 3

Everard Sayer, 10th Feb'ry 1743[5] Rece'd then the Contents Everard Sayer Vera Copia per

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]

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. 3½ pts.£1. 8. 0

Cinnamoni 1½ 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. 3½ 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. 3½ 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. 1¼ oz.0. 5. 0

Syr. Papaver Diacodii 4 pts. 5 oz.2.11. 9

Croci 2 pts. 5½ oz.2. 7. 0

Limonum 2 pts. 1 oz.[4]1. 4. 0

Oleum Hyperic. 3¾ oz.0. 6. 0

Lini 3 pts.0.13. 6

Succini 2 oz.0. 8. 0

Juniper. 2 oz.0.12. 0

Terebinth 3¾ pts.0.15. 0

Olivarum 3¾ pts.1. 2. 6

Anis. 2 oz.0.12. 0

Amygd. dulc. 4 oz.0.12. 0

Mel Rosarum 1¾ 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. 1¾ 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 6¼ 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 1½ oz.[8]0.16. 0

Emplast. Diachylon c' G. 1 lb.0.16. 0

Oxycroceum 1½ 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 ¾ 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. ½ 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. 2¾ pts.1. 7. 6

Argent. Viv. 8 oz.1.10. 0

Antimo. Crud. ½ lb.0. 2. 6

Succ. Glyzyrrhiz. 1 pt.0.14. 0

Rad. Sarsaparil. 3 lbs.1. 4. 0

Hyssop. ½ lb.0. 2. 6

Centaur. Minor. ½ lb.0.12. 0

Extract Cass. Fistul. 2¼ pts.[12]1.16. 0

a Pewter Glyst. Syringe5. 0. 0

Skines No. 41. 0. 0

Tartar. Vitriolat. 1 oz.0. 4. 0

Sal Armo. 4 oz.0. 6. 0

Flor. Rosar. Rubr. ½ 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. ½ pt.0. 3. 0

Alum. Crud. ½ 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 ½ lb.0. 1. 0

Empl. de Ranis [cum Mercurio] ½ lb.0.12. 0

Rad. Serpent. Virg. 11 oz.[14]0. 8. 3

Myrrh. Pulv. 1¼ oz.0. 6. 3

Ol. Rorismarin. ½ oz.0. 8. 0

Lavend. 3¾ 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 ½ lb.1. 0. 0

1 Sett Weights0. 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 Bottles1. 1. 0

4 qt. Bott.0. 5. 0

4 Blue and white pots0.14. 0

Tow1. 5. 0

Vials and pots, 1 Doz.0. 8. 0

6 Doz. Corks large and small0. 6. 6

Ras. Corn. Cerv. 6 oz.[17]0. 6. 0

a Box0. 8. 0

a Broken Red and Do. White Skin0. 7. 0

a Mortar and Pestle1.13. 0

an Iron Laddie0. 7. 0

a Stone Coffee Pot0.10. 0

————

130. 2. 9

Newport June 14, 1744. Recd. the full Contents per John Tweedy.

159. Account for the Revenge. June, 1744.[1]

The Sloop Revenge, Dr.

1744, June 7th.To the Judges fees for Condemnation, etc.£70. 0s. 0d.

June 16th.To James Honyman,[2] Attorneys fees70. 0. 0

[Illegible] 20th.To Thos. Ward,[3] Attorney fees70. 0. 0

To the Register, fees and bonds for appeale,5. 0. 0

To John Freebody, Acct. for Sundrys Paid97. 6. 6

June 15th.To Wm. Kings Acct. for Masters Dyet13.17. 7

To Capt. Allin, Acct. for Pilotage, Providence8. 8. 0

To Jno. Harriss, acct. for Sur. Qt. Master1.10. 6

June 15th.Jno. Renick. To 2 Men 19 Days at 8s. a Day amt. to15. 4. 0

To Mr. Fox [?] Acct. for the Masters Claim5. 0. 0

To Mr. Danll. Saveti [?] Linguester[4] fees10. 0. 0

Tweedy 15th.To the Docters Chest165. 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

Per Contra Cr.

1744, June 7th.By Sundrys Sould at Vandeu At Provdc.£2123.12s. 6d.

By the Hides and Tobacco569. 0. 0

£2692.12. 6

Charges386. 6. 7

£2306. 5.11

Owners 1/3768.15. 3½

768.15. 3½

Mens 2/31537.10. 7

Docter Chest Deduct165. 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. 7¾Owners1/3£768.15. 3½

1/8 is96. 1.10¾ 1/2384. 7. 7¾

1/16 is48. 0.11½ 1/4192. 3. 9¾

————— 1/896. 1.10¾

528.10. 6 1/1648. 0.11½

B.N.1/4 is192. 3. 9¾

1/16 is48. 0.11½

—————

768.15. 3½

160. Agreement: The Revenge and the Success. November 10, 1744.[1]

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]

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

12Carriage Guns with their Tackle and Shott and other Appertinences1200. 0. 0

669Seroons[2] Cocoa Wt. Nt. 606 C. 1 Qr. 14 lb. at £159095.12. 6

173Bags Ditto Wt. Nt. 330 C. 8 lb. at £154951. 1. 5

165Casks Ditto Wt. Nt. 246 C. 1 Qr. 16 lb. at £153695.17.10

122Bbbls. Coffee Nt.162. 3.18

32Bags and 1 Chest Do.49. 1.21

51Large Casks Do.323. 3.21

————

536. 1. 4, Nt. 60064, at 3s.9009.12. 0

60Hogsh'ds Sugar Wt. Nt. 444. 2. 23 at £83557.12.10

90Ditto Wt. Nt. 662. 3. 11 at £74639.18. 9

56Ditto Wt. Nt. 373. 1. 20 at £62240.11. 5

39Ditto Wt. Nt. 236. 3. 20 at £51184.10. 8¾

17casks of Allspice Wt. Nt. 4497 lb. at 2s. 6562. 2. 6

4524Hides Wt. Nt. 103877 lb. at 16d.6925. 2. 6

33Tons of Wood and 6 Hundred at £45 Ton1498.10. 0

9Packs and 1 Cask of Indigo Wt. Nt. 1191 at 18s.1071.18. 0

3Chests with some Carpenters and Coopers Tools and old Iron30. 0. 0

16Small Boxes of Chocolate47. 0. 0

5½Brls. and 1 Qr. Brl. of Powder110. 0. 0

1Doctors Chest and Instruments70. 0. 0

1Chest of Tea in Cannisters70. 0. 0

1Box of Pins, Spectacle Cases and Thimbles10. 0. 0

7Remnants Cordage Wt. Nt. 4 C. 0 Qr. 21 lb.62.16. 3

1Basket of Nails Wt. Nt. 2 C.20. 0. 0

1Brl. and a small Parcel of Turtoise Shell Wt. 43 lb. at 25s.53.15. 0

4Caggs of Powder Blew[3] Wt. 352 lb. at 2s. 644. 0. 0

60lb. of Old Pewter and Copper at 3s. 610.10. 0

7Casks of Lime Juice5.15. 0

1Bed Pillar and 3 Cushions4.10. 0

2Looking Glasses 1 Booke7. 5. 0

5old Tea Kettles6. 0. 0

Sundry old Earthen Ware, Pewter, Empty Cases, empty Chests and old Rusty Tools etc.20. 0. 0

1Cag of old Butter1. 0. 0

1Brl. of Flour1.10. 0

1Case of Oyl7. 0. 0

1Basket of Nails and Paint6. 0. 0

1Case of Oyl part full3. 0. 0

11Old Mapps1. 0. 0

8Boxes of Sweet Meats16. 0. 0

1Box of Nails2. 0. 0

19Ironbound old Casks25. 0. 0

1Cask of Lamp Oyl10. 0. 0

2Boxes Shells1. 0. 0

2Cags pickled Limes2. 0. 0

1Case Spirrits5. 0. 0

1Tub of Cartridges3. 0. 0

4Hand Screws10. 0. 0

1Bag of Old Pewter4. 0. 0

6Blunderbusses25. 0. 0

8Cutlasses8. 0. 0

5old Pistols5. 0. 0

11Old Small Arms33. 0. 0

1Small Cabbin Table10. 0

1Large Coffee Mill5. 0. 0

3Jugs of Sweet Oyl5. 0. 0

9Boxes Thread qt. 285 lb. at 32s.456. 0. 0

2pr. Brass Scales with a Beam in a Case12. 0. 0

14Handkfs.6. 0. 0

1pc. Blew Silk45. 0. 0

42Doz. Mens and Womens Gloves126. 0. 0

8pc. Chince at £7. 10.60. 0. 0

6pc. Britannias15. 0. 0

6pc. Coarse Muslin15. 0. 0

3Gauze Handkfs.4.10. 0

1pr. Silk Stockings2. 5. 0

6pr. Embroider'd Vamps for Shoes and Slippers6. 0. 0

3Papers Thread6. 0. 0

2pr. Burdett10. 0. 0

1pc. Blew Callico8. 0. 0

Remnt. of Blew and White Linnen4. 0. 0

15Stone Rings37.10. 0

In a Chest.

2pr. Stockings and pr. Mittens5. 0. 0

1Bag of Segars[4]5. 0

2Skins10. 0

8ps. Dowlas[5]80. 0. 0

1ps. Table Linnen45. 0. 0

6ps. Silk and Cotton Stuff at £954. 0. 0

1pr. Fustian Breeches, 6 prs. Sleezes and 2 pr. Cotton Stockings in a Bag12. 0. 0

1pc. Coarse Linnen16. 0. 0

4pc. check'd Linnen32. 0. 0

1pc. Striped Do.20. 0. 0

1red Skin1. 0. 0

2pc. Cambrick40. 0. 0

1pc. Fustian10. 0. 0

1Coarse Table Cloth and 2 Napkins1. 0. 0

1Box of Glass1. 0. 0

2Large Pewter Plates or Dishes4. 0. 0

1Mettle Salver15. 0

1Brass Coffee Pot1. 0. 0

3Pewter Measures15. 0

24243lb. of Varinas[6] Tobacco in Packs at 20d.2020. 5. 0

37127lb. of Tobacco at 8d.1237.11. 4

44Ozs. and 16 p.w. Gold at £24 p. Oz1091. 4. 0[7]

463Ozs. and 12 Gr. Silver at 33s. p. oz.764.

——————

£61631.12. 2

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]

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]

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 Proceedings13. 4

For Attending before the Lords and Exhibiting for the parties Appellate when the Cause was Assign'd for Sentence and Informacon next Court day1. 6. 8

Coach hire and Expences6. 0

For Compounding for the Process and Attending1.18. 8

For Perusing the Process13. 4

For making answers and Abbreviating the Acts1. 6. 8

For Copies for Council16. 8

Acts of Court10. 8

Clerks and Officers2. 6

Sportulage2. 6

———

£8. 3. 8

———

Trinity Term 1745

Term fee6. 8

For drawing A long Allegation in Acts of Court13. 4

For a Copy of a long Allegation in Acts from the Adverse proctor10. 8

For a fair Copy of the whole for the Court13. 4

July 15.

Attending at the Cockpit when their Lordships decreed Restitution of the Ship and Goods paying one Moiety for Salvage1. 6. 8

Coach hire and Expences6. 0

For Attending upon the Register and Settling the Interlocutory Order0. 6. 8

Register Bill for Order of Court1.16. 8

Acts of Court13. 4

Sportulage6. 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]

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]

5½ 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

164. Suggestions as to plundering Hispaniola.[1]

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.

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.