Chapter XXI: Part 21

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 L50 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 L5 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 L120.18.6, 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 L1. 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 L0. 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 L0. 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 L 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 L10 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 --------- L74. 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. L 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. L70. 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
-----------
L386. 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. L2123.12s. 6d.

By the Hides and Tobacco 569. O. O
----------------
L2692.12. 6
Charges 386. 6. 7
----------------
L2306. 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
----------------
L1372.10. 7
629. 5. 0[6]
----------------
The Comp. Dividend to Divide among them L2001.15. 7

J.F. 1/2 is L384. 7. 7-3/4 Owners 1/3 L768.15. 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 Curacao, 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. L5000. 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 L15 9095.12. 6
173 Bags Ditto Wt. Nt. 330 C. 8 lb. at L15 4951. 1. 5
165 Casks Ditto Wt. Nt. 246 C. 1 Qr. 16 lb. at L15 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 L8 3557.12.10
90 Ditto Wt. Nt. 662. 3. 11 at L7 4639.18. 9
56 Ditto Wt. Nt. 373. 1. 20 at L6 2240.11. 5
39 Ditto Wt. Nt. 236. 3. 20 at L5 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 L45 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 L7. 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 L9 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 L24 p. Oz 1091. 4. 0[7]
463 Ozs. and 12 Gr. Silver at 33s. p. oz. 764.
------------
L61631.12. 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 L1075 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 L0. 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 -------- L8. 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 L15. 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. Leogane 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 Francois, now Cap Haitien, 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 a 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.