Proclamation to be made of an Open War with the King of Spain,
requiring all his officers and Soldiers to do all Acts of Hostility in
prosecution of this War against the King of Spain, his Vassals and
subjects, and afterwards on the 15th of January last the said Philip,
Commander of the sloop aforesaid, and her men, being duly Commissioned
with Letters of Marque and Reprisals against the King of Spain, his
Vassals and Subjects,[3] to attack, Seize, Take and make Prize of
their Ships, Vessells and Goods, met with the Sloop the _Amsterdam
Post_ about three or four Leagues off of the Grand Canary Island,
standing in for Santa Crux in Teneriffe[4] in the King of Spains
Dominions, Commanded by AEneas Mackay, a British Subject but made free
of Amsterdam, man'd with British Subjects and furnished with various
Papers and Evidences to make her seem to be either an English or Dutch
Sloop, as might best suit the occasion, and upon Examination finding
that she was the Property of certain Subjects of the King of Spain or
Inhabitants of the Canaries within his Dominions, and by them during
this present War sent from Teneriffe aforesd to Cork in Ireland and
there Laden with thirty nine Barrells of Beef, Forty Barr'ls of
Pilchards, eighty nine BBlls of Butter, fifty four boxes of Candles, a
hundred eighty nine Hides of Leather, five Bar'ls of Hatts, two Boxes
of Soap and five Bar'ls of Wax for acco't of the same owners and was
then returning directly to Teneriffe for their Supply, He the said
Philip therefore Seized and Took the sd Sloop _Amsterdam Post_ and her
Cargo as a Lawfull Prize, as he Lawfully might do, Wherefore the said
Philip Dumaresq prays the consideration of this Hono'ble Court upon
the premises properly and only in their Cognizance, that a Short
Day[5] may be assigned to Hear and pass upon this Libel and Matters
therein contained and that the said Sloop and Cargo may be Decreed and
declared a Lawfull Prize, etc.
JNO. READ.
W. BOLLAN.[6]
[Footnote 3: The commission from Governor Belcher, Aug. 24, 1739, is
printed in [Augustus Thorndike Perkins], _A Sketch of the Family of
Dumaresq_ (Albany, 1863), pp. 15-16.]
[Footnote 4: The harbor of Santa Cruz is on the side of Teneriffe
toward the Grand Canary.]
[Footnote 5: An early date.]
[Footnote 6: Two of the leading lawyers of the province. Read had been
attorney general and was now a member of the council. Bollan, Governor
Shirley's son-in-law, was for many years agent of Massachusetts in
London.]
1740, July 23d, filed and allowed, and ordered that Publick
Notifications be Posted upon the Sloop _Amsterdam Post_ and at the
Town House, for all Persons Claiming Property in the said Sloop to
Appear at a Court of Admiralty to be holden at Boston on Friday next
at 10 a Clock A.M. To Make out their Property.
ROBERT AUCHMUTY, Judge Ad'y.
Accordingly at the time appointed the Court was opened and the Libel
Read, at which Time Collonel Wendell[7] appeared and offered some
Papers to be Lodged in Court, which he rec'd from the Owners of the
Sloop, which the Judge refused to admit of, But told him he might
Claim the Vessell and Cargo if he wou'd do it as the Act of Parliament
requires, which he refus'd and said he Intended to put the Bonds[8] in
Suit when he had proper Powers.
[Footnote 7: Col. Jacob Wendell (1691-1761), great-grandfather of Dr.
Oliver Wendell Holmes. Born in Albany, of Dutch descent, he might
naturally be invoked to aid Amsterdam owners.]
[Footnote 8: _I.e._, the bonds of the privateer; see doc. no. 126,
sect. XV.]
Publick Proclamation was then three Times Solemnly Made for all
Persons claiming Property in the Sloop _Amsterdam Post_ and Cargo to
make their appearance and they shou'd be heard, but none appeared; The
Court was then Adjourn'd to Wednesday the 13th of August next at ten
a Clock a.m., and the Judge ordered notifications to be Posted up as
before for all persons claiming property to appear if they see cause.
The Court was opened on the 13th of August according to adjournment,
and Proclamation Three Times Solemnly made for any Claimer to appear,
whereupon Collo. Wendell Appeared in Court and Claim'd the said Sloop
in behalf of Mr. Peter Devernet of Amsterdam, Merchant, which the
Judge allow'd of upon his giving Security as the Act requires. The
Court was then Adjourned to Wednesday morning at Seven a Clock, at
which Time it was opened and the Libel Read, and Jacob Wendell, Esqr.,
in behalf of Peter Devernet of Amsterdam, Merch't, and his son Isaac
Devernet of Santa Crux, Merch't, Claimed the said Sloop's Cargo as
their Property. The Court was then adjourned to Monday the 18th Curr't
at Seven a Clock a.m., at which Time it was Opened, when Jacob
Wendell, Esqr., in Open Court made oath that he verily believed that
Peter Devernet of Amsterdam, Merch't, in behalf of whom he claims the
sd Vessell, was at the time of the Capture sole owner thereof, and
also that the Cargo on board said Sloop was owned by the said Peter
Devernet and his son Isaac, then Resident at Santa Crux in the Island
of Teneriffe, Merch't. At the same time Collo. Wendell gave the
following Bail, viz....
John Rous,[9] Late Lieuten't of the Sloop _Young Eagle_, Commanded by
Capt. Philip Dumaresq, being Examined upon oath before the Hono'ble
Robt. Auchmuty, Esqr., Judge of his Majestys Court of Vice Admiralty,
as to the following Interrogatorys made the following answers.
[Footnote 9: This privateer subsequently became a captain in the royal
navy. He distinguished himself in both the naval expeditions against
Louisbourg, in 1745 and in 1758. Charnock, _Biographia Navalis_, V.
412-414. See also doc. no. 160, note 1.]
_Interro. The First._ Was the Sloop called the _Amsterdam Post_, AEneas
Mackay Master,[10] taken as a Prize, by whom, when and where?
[Footnote 10: The connection of the Scottish Mackays with Holland has
been long and important. Aeneas Mackay, son of the Scottish Lord Reay,
entered the military service of the Dutch Republic in 1684, and rose
to be general of the Scots Brigade; and for a hundred years, as long
as that organization continued to exist (_The Scots Brigade in
Holland_, Scottish History Society, _passim_) there was always at
least one Aeneas Mackay among its officers. In our own time Baron
Aeneas Mackay was prime minister of the Netherlands. This shipmaster
would be some humble member of the clan.]
_answer._ on the 15th day of January last this Depon't, who was
Lieutenant of the Sloop _Young Eagle_ but at that Time Commander
thereof in the absence of Philip Dumaresq the Captain, about three or
four Leagues off the Grand Canary Island took the Sloop in this
Interro. mention'd, standing in for Santa Crux in Teneriffe, and came
last from Corke, and as the Master thereof said to this Depon't was
bound to Madera,[11] but then going into one of the Canary Islands to
get water, whereupon this Depon't sent his then Lieuten't on board,
who Inform'd this Depon't that there was one Cask full of Water and
another runing out and that he stopt the same and afterwards they
found water sufficient to serve them in their Passage to Madera which
was ab't three Weeks.
[Footnote 11: _I.e._, to a Portuguese, neutral, port.]
_Interro. 2d._ What was the Lading of the Sloop _Amsterdam Post_?
_Answer._ She was Loaded with Beef, Butter, Hatts, Shoes, Candles,
Soap, Hides and some Pilchards, and for greater Certainty this Depon't
referrs himself to the Bills of Lading.
_Interro. 3._ Are the Papers now produced before you and now Lodged in
this Court, the Papers that were taken on Board the said Sloop as you
know, or have heard, how, and in what manner?
_a._ This Depon't did not go on board said Sloop when taken and
therefore can't say of his own knowledge that these are the Papers
taken on board, but verily believes they are, for these Papers were
sent to this Depon't by his Lieuten't from said Vessell some short
Time after she was taken, and two of the Papers, namely, an English
Mediterranean Pass[12] and a Paper in Spanish Importing a Clearance,
as this Depon't was Inform'd by his officers whom he sent on board,
was found between two Bed Bottoms belonging to the Master of said
Sloop, and afterwards this Depon't saw the very place where they sayd
the Papers were Concealed.
[Footnote 12: See doc. no. 141. A pass from the Admiralty, which, in
accordance with the treaties between Great Britain and the Dey of
Algiers, English vessels entering the Mediterranean had to carry in
order to be exempt from search by the Algerine corsairs. Such a pass,
of 1750, is printed in Marsden, _Law and Custom of the Sea_, II.
347-348. A full set of ships' papers seems to have consisted, at least
in Dutch practice, of a bill of health (see doc. no. 197), a sea-letter
or let-pass (docs. nos. 129, 130), a muster-roll (_role d'equipage_)
or shipping-articles of the crew, and a clearance for the cargo.]
_Interro. 4._ Did you hear the sd Master of the Sloop aforesd Declare
where he took in his aforesaid Loading?
_A._ This Depon't at Divers times heard the said Master Acknowledge
and Declare that he took in his aforesd Loading at Corke in the
Kingdom of Ireland, and also that he went from Teneriffe to Corke,
where he purchased sd Loading, and was to return with the same
immediately to Teneriffe, where two of his owners were Inhabitants and
one other owner an Inhabitant of Holland.
_Interro. 5._ What was done with the Cargo after the Vessell and Cargo
was thus taken?
_A._ All the Cargo with the Vessell was Carried into Madera and all or
the greatest part of sd Cargo was Landed there.
_Interro. 6._ Is the Sloop now under Seizure the same Sloop that was
thus taken?
_A._ Yes.
_Interro. 7._ What became of the hands belonging to said Sloop?
_A._ Two of them went on board the Man of War there, and two others
went on board this sd Privateer, and the Mate was carried to
Gibraltar, where he heard he ran away.
_Interro. 8._ Do you know or have you heard what Nation those hands
were of?
_A._ The Master, Mate and one hand more he understood to be Scotch,
two hands more to be Irish, one Boy belonging to London and a
Portugueze or Spanish negro man.
_Lastly_, Do you know anything further relating to sd Vessell and
Cargo or any other former Voyages the said Vessell had made and where
to?
_A._ He heard the Master acknowledge he had been upwards of two years
Master of said Vessell, during which Time he always used the Canary
Trade, and always acknowledged his Vessell belonged to England till
the last Voyage.
JOHN ROUS.
1740, August 12th. John Rous, the Subscriber to the aforegoing, made
oath to the Truth thereof Before Me.
ROB'T AUCHMUTY, Judge Ad'y.
Captain Rous being Sworn in Court acknowledged his Examination already
taken was the Truth. He also Declared there was Water enough on board
the Sloop _Amsterdam Post_ to carry her into Madera, and actually
served them for that purpose, viz. three of said Sloop's Crew and five
belonging to the Privateer, which was one more than was on board at
the time of the Capture; That Capt. Mackay was summoned by a
Portugueze officer from the Consul[13] at Captn. Dumaresqs request, as
Capt. Mackay told him, to go in the Privateer Sloop to Gibraltar in
order for a Tryal; that Capt. Mackay told him he sailed from Holland
to the Canaries two years as an English Man, and that he never sailed
under Dutch Colours till the War with Spain; That Capt. Mackay told
him that the Sloop at the time of the Capture belong'd to Mr. Devernet
of Amsterdam and his two sons who lived at Teneriffe, who were all
Frenchmen. That to his knowledge he never saw any of the Cargo Landed
at Madera; that his Lieu't Immediately upon the Capture brought the
Papers of the said Vessell to him, who having first perused them
Sealed them up; that some short time after the said Mackay exprest to
him his Desire, in case a certain Paper was found on board, that it
would be useless to this Depon't, and that he would have it Concealed,
whereupon this Depon't asked him what the Paper was and where in the
Vessell it could be found, but the said Mackay would not inform him,
and this desire of the said Mackays he repeated several times, and in
about two Days after there was brought to this Depon't by John Teit,
who acted as Mate on board the said Prize, two Papers from on Board,
viz. an English Mediterranean Pass wherein the said Master and Sloop
was named, and a Spanish Clearance as of an English Vessell, which was
found as he said as mentioned by this Depon't in his former
Examinat'n, and afterwards the said Mackay repeated his Desire in case
a certain Paper, not naming it, should be found not to show it to
any--Whereupon this Depon't Informed him that he had got what he meant
and shew'd him the said Pass and Clearance, and then the said Master
again pressed him not to shew the same to the Consul. That upon his
arrival at Madera he Delivered the Papers so found and Seal'd up,
together with the said Pass and Spanish Clearance, to Capt. Dumaresq
in the Consul's House, that Capt. Dumaresq then delivered them to the
Consul, who broke open the Seal and perused the Papers together with
Capt. Dumaresq; and that he verily believes the Papers now in Court
are all the Papers he so delivered up, excepting the said Pass.
[Footnote 13: The British consul at Funchal, Richard Baker; see docs.
nos. 140, 141.]
The Court was then adjourn'd to the 21st of Aug't Curr't at 7 a Clock
a.m., at which time it was opened, when Michael Dumaresq being first
Sworn Declar'd that his Examination already taken was the Truth. He
further Declared that when Capt. Dumaresq arrived at Gibraltar he
heard him say he wou'd go to the Govern'r,[14] to the Admiral,[15] and
to the Judge of the Admiralty, that accordingly he saw the Captain go
to Sir Chaloner Ogle, who was the Admiral, and to the Governour; that
he heard Capt. Dumaresq Say the Admiral told him he believ'd the
Vessell would be condemn'd; and that the Person called the Judge of
Admiralty at Gibraltar, upon Capt. Dumaresq application to him for a
Tryal, told him he had no Commission or Instructions to Try any
Capture but expected the same from England every Day; That upon the
arrival of the Sloop _Amsterdam Post_ at Madera there was an officer
put on board her from the Provedore[16] and Judge of the Poor, that he
remain'd on Board till other officers came on Board and unladed the
Vessell and that Capt. Dumaresq paid the officer two Bitts[17] a Day
and his Victuals during his Stay on Board.
[Footnote 14: Lieut.-Gen. William Hargrave.]
[Footnote 15: Rear-Adm. Sir Chaloner Ogle, afterward distinguished in
the Cartagena expedition, and admiral of the fleet. See doc. no. 117,
note 14.]
[Footnote 16: Superintendent.]
[Footnote 17: Two reals, or a quarter of a dollar.]
Abraham Martin, being Sworn in Court, Declared that his Examination
already taken was true. The Court was then adjourn'd to Saterday the
23d Curr't at half an hour past 2 a Clock p.m., at which time it was
open'd and several Papers were produc'd and Read in Court, which are
as follows, viz.
_129. Sea-letter of the Amsterdam Post. September 22, 1739 (N.S.)._
To all Potent Kings, Queens, Princes, Princesses, Dukes, Lords, etc.,
who may see this open Letter or may hear it Read, We Magistrates and
Rulers of the City of Amsterdam Declare that AEneas Mackay of Amsterdam
appeared before us and on Oath Solemnly Declares, That the Vessell
named the _Amsterdam Post_, burthen about Twenty Lasts,[1] of which he
is Master, belongs to a House in this Province, and that no Foreign
Enemy has any part in her Directly or Indirectly, as he hopes to
answer it to Almighty God, and as We are Desirous that the
aforementioned Master should follow his Lawfull Calling, it is our
Desire of all whom it may concern that the aforementioned Capt'n with
his Sloop and Lading may be well received and treated handsomely, and
have Liberty to proceed to and from any Port he may chuse, in a Lawful
Trade, Which We desire and are willing he should do, and have caused
this City Seal to be hereunto affixt. this Done the 22d of Sept'r, Ao.
1739.
P. DE LA COURT.
[Footnote 1: A last was two tons.]
By the Lords of the Admiralty No. 5649.
HARTUNCK.[2]
[Footnote 2: Copyist's or translator's error for Hartsinck. Jan Jacob
Hartsinck, afterward president of the Dutch West India Company, was
from 1724 to 1762 clerk of the Admiralty of Amsterdam. Elias, _De
Vroedschap van Amsterdam_, II. 910. The Dutch Republic had five navy
boards, of which the Admiralty of Amsterdam was the most important.]
The required Oath is taken in the Passport Sept. 23d 1739.
_130. Let-pass of the Amsterdam Post. September 23, 1739 (N.S.)._
Lett Pass the Sloop _Amsterdam Post_, AEneas Mackay Master, with his
Passengers, Goods and Merchandizes, without Lett, Hindrance, Searching
or Molestation, it appearing to us by good Witnesses that the said
Sloop belongs to One under the State of the Netherlands. Given under
our Hand and Seal at the Admiralty in Amsterdam this Twenty third Day
of Septemb'r In the Year of Our Lord one thousand seven hundred and
thirty nine.
P. FECLELOOT.[?]
To all Persons whom this may Concern.
Per order of the Lords of the Admiralty.
A. BACKER Jan'ry.
_131. Tonnage Certificate of the Amsterdam Post. September 24, 1739
(N.S.)._
We, underwritten, ordered by the Lords of the Admiralty of Amsterdam
to Tax and Visit the Vessells that go to Sea from Texell,[1] Declare
by this That AEneas Mackay of Amsterdam, Master of the Sloop _Amsterdam
Post_, has given us the length of his Sloop, being within Board 50-1/2
feet, Breadth 15-3/4, feet in the Hold 8 feet, and twelve years old,
and We Tax her to be Twenty Lasts. Visited her in Amsterdam, Septemb'r
the 24th, 1739.
PIETER KANSEBOOM.
[Footnote 1: The island and passage where Amsterdam vessels made their
final exit from the Zuyder Zee into the North Sea.]
The Last Money[2] paid April 13th 1739.
P. HENKES. WM. CAMPER.
[Footnote 2: Tonnage dues.]
_132. Aeneas Mackay's Oath as a Burgher of Amsterdam. September 16,
1739 (N.S.)._
You do swear that you will be a good and faithfull Porter[1] of this
City and will be obedient to such Rulers, as shall from time to time
be appointed, in this Place, in watching and discovering all attempts
that may be made against the Rulers or People of this Place, and that
you will at all Times Exert yourself in the defence of this City, and
do all that becomes a good and honest Porter in Discovering any
Designs. So Help you God.
[Footnote 1: Dutch _poorter_, burgher.]
AEneas Mackay of London, Captain, has taken the above Oath and the
Lords Thesaurieren[2] have received the Porter money. Dated in
Amsterdam, Sept'r 16, 1739.
JOAN THIERRY.[3]
[Footnote 2: Treasurers.]
[Footnote 3: Secretary of Amsterdam from 1717 to 1771. Elias,
_Vroedschap_, II. 572.]
_133. Lease to Aeneas Mackay. October 2, 1739 (N.S.)._
On the Second of Octob'r 1739 Thomas Hall Lett a Chamber to Capt.
AEneas Mackay, whom also acknowledged to have hired the same, in his
House at the Sign of the Bible in New Bridge Street,[1] For one year
certain, and went into the same the third Instant, at Fifty Gilders to
be paid every year, and in case no one appears in Octo. 1740 then We
agree that it shall be in the Power of the Letter,[2] to lett the same
to any other Person, and they may View the same. We have each bound
ourselves according to the Custom of this Place. In Testimony of the
Truth We have each bound ourselves to Each other in those Bonds.
[Footnote 1: Nieuwebrugsteeg, still so called, in the northwest part
of old Amsterdam. The "new bridge", to which it led from the eastward,
dated from at least 1421.]
[Footnote 2: Lessor.]
Dated as above 1739.
THOS. HALL.
_134. Certificates of Master and Mate and Register. October 8, 1739
(N.S.)._
We the underwritten, Master and Mate, Designing by God's help to
proceed on a Voyage to the Canaries per the _Amsterdam Post_, attest
and here Declare That We have no other Goods in our Sloop, nor any
Wares or Merchandize whatsoever, according to the best of our
knowledge, than only such as appears by the Manifest which We have
Delivered to this office to be Inspected into, and that according to
our knowledge there has been no fraud committed, nor any of our Goods
were taken in, till first the Lawfull Dutys were paid, and We further
Declare that the Goods We have now given an acco't of is a true and
Just acco't, and that we will not receive any more on Board, unless
the Persons bring their Passport from this office[1] that they have
paid the Dutys, to which have hereunto Signed our Hands October 8th,
1739.
AENEAS MACKAY.
GEORGE JANSE.
[Footnote 1: _I.e._, the register's office at the Texel.]
We the underwritten, Commissioners of the Registers office, Attest and
declare that We have Visited the Sloop of AEneas Mackay and the Goods
Laden on Board her, and find that the Goods all agree with the
Manifest they gave in of the same, and We do acquit the above written
Capt'n and Mate, by Declaring the acco't they have given in and which
they have signed to be true and Just. Done at Texell the Date and Year
above.
J. TUNING.
Mr. John Wendell, Jun'r,[2] who Translated the several Dutch Papers in
the Case, made oath that he had Translated the same according to his
best skill and Judgement.
[Footnote 2: Nephew of Col. Jacob Wendell and, like him, a Boston
merchant born of a Dutch family in Albany.]
_135. Extract from Capt. Mackay's Journal.[1] November 14, 1739._
[Footnote 1: The heading which the document bears in the admiralty
court records.--It is a sign of Captain Mackay's imperfect Dutchness
that he keeps his journal by old-style or English dates, not by the
new-style dates which had since 1583 been customary in Holland; for
(see the next document) Thursday, Nov. 15, 1739, was Nov. 15, O.S.]
At two yesterday afternoon We see Cape Clear and the fastnie[2]
bearing of us n.e. about two Leagues, at 4 Do. it bore of us
N.E.B.E.[3] about 5 Leagues. Tacked and stood to the Eastward. We lay
up S.E.B.E. till 8 in the Evening, from 8 to 12 m.n. E.S.E. We had a
very hard Gale at S. with a very great Sea. at half an hour past three
this morning a sea broke over us and carry'd away our Boom and
Mainsail. We layed the Helm to Lee and kept to w't the Jib but the
Gale increasing We Try'd Hull to. at 5 in the morning the Breakers
seemed close under our Lee and ahead. We hoisted the Jib to try if
possible to clear the Danger, but our Endeavours were fruitless, the
Jib gave way so that We had no Sail left but the Fore Sail, and
nothing appeared in our View but Unavoidable Death. We had the
Breakers on each side and an Opening seemed to be ahead. We bore up
for it and drop't an anchor, which did not hold, the Rocks and
Breakers being all round us and the Night excessive Dark added Dread
to the Terrours of Death, But the Mercifull God opened a Door of
Safety for us when We were in the utmost Distress, for as We were
going Right in among the Rocks We see a small opening on the Larboard
hand. We hoisted the Fore Sail and Cut the Cable and Looft[4] into the
Opening and were Immediately aground in a very smooth sandy Cove. at
seven in the Morning when it cleared for Day We see some People on the
Shore. We got the Boat out and brought two of them on Board. They
directed Me to Apply to one Col. Townsend of Castle Haven,[5] which
is four Miles from Finis Cove,[6] the Place where We are on Shore,
etc.
[Footnote 2: Cape Clear and the Fastnet Rock form the southernmost
extremity of Ireland.]
[Footnote 3: Northeast by east.]
[Footnote 4: Luffed.]
[Footnote 5: The Townshends were the leading people of Castlehaven,
living at Castletownshend, from Cromwell's time to ours. This was Col.
Richard Townshend. Richard and Dorothea Townshend, _An Officer of the
Long Parliament and his Descendants_, pp. 150-151, with portrait.]
[Footnote 6: Between Castlehaven and Baltimore, and four miles south
of Skibbereen. The rocky coast in just this region inspired Swift's
once celebrated poem, _Carberiae Rupes_ (1723).]
_136. Protest of Capt. Mackay. November 15, 1739._
To all Christian People unto whom this Publick Instrum't of Protest
doth come or may Concern, Be it known and Manifest that this Day there
came and Personally appeared before me, Thomas Lucas, Gent'm, Notary
and Tabellion Publick in and throughout the Kingdom of Ireland by
Regal Authority, Lawfully Admitted and sworn at Skibbereen[1] in the
County of Cork and Kingdom aforesd, George Johnston, Mate, Joseph
Hall, Boatswain, William Cromie, Mariner, belonging to the good Ship
or Vessell called the _Amsterdam Post_, burthen Forty Tuns, whereof
AEneas Mackay is Master, and Voluntary made oath on the Holy Evangelist
That on the Twenty eighth Day of Octo. last they sailed with said
Vessell from the Canaries bound to Corke, and met with very bad
Weather on their Voyage; that on Thursday the Fifteenth of this Inst.
Novemb'r,[2] ab't three of the Clock in the Morning, the Weather being
very desperate, they lost their Main Boom and anchor and one third of
a Cable of[f] the Stage of Castle Haven, and all the Sails much
Damaged; and that about five of the Clock in the morning the Vessell
was stranded at Finins Cove near Castle Haven Harbour, where the
Vessell now lyes; that by the Violence of the Weather they have reason
to Suspect they have Received great Damage. Wherefore the Notary, at
the Special Instance and Request of AEneas Mackay, Master, George
Johnston, Mate, Joseph Hall, Boatswain, and Wm. Cromie, Mariner, have
Protested, as by these Presents I Do Protest against the Seas and
Winds for all Losses, Damages, Prejudices or hindrances whatsoever
known or as yet unknown which the Ship or Vessell, or the Owners,
Freighters or Insurers, or any other Person or Persons has Sustain'd
or Received or hereafter may Sustain or receive. In Testimony of which
I the Notary aforesaid have hereunto sett my Hand and Seal of Office
this Fifteenth Day of November One thousand seven hundred and Thirty
nine.