AENEAS MACKAY. THOS. LUCAS,

GEORGE JOHNSTON. Notar. Public.

JOSEPH HALL.

WILLIAM CROMIE.

[Footnote 1: "Skibbereen is a small market town, where the Collector,

Surveyor, and other Officers of the port of Baltimore reside",

(_i.e._, since the destruction of Baltimore by the Barbary corsairs in

1631). Ch. Smith, _Antient and Present State of the County and City of

Cork_ (Dublin, 1750), I. 280. Hence Mackay would go there to make this

declaration of damage by storm, called in maritime law a protest.]

[Footnote 2: See doc. no. 135, note 1.]

_137. Extract from Capt. Mackay's Journal. November 16, 1739._[1]

[Footnote 1: The heading which the document bears in the admiralty

court records.]

From Yesterday at 6 in the Evening to this Morning at 8 a Clock I have

been in continual Dread by reason of some Shabby Gent'n who staid on

Board at Night and frequently seem'd to hint Concerning Money, of

which I had indeed a large quantity but pleaded Poverty to them, but

to my great Surprize at One in the Morning I found my own People

Deserting of Me and had already sent one Chest on Shore, thereupon I

immediately threatnd to Kill the first that would attempt to leave Me

in that Distress. Fear kept them Aboard.

_138. Certificate of Clearance. December 4, 1739._

PORT CORK,

Know Ye, That Will'm Winthrop[1] enter'd on the _Amsterdam Post_ of

Amsterdam, AEneas Mackay Master, for Madera, Sixty Bar'ls Beef,[2] One

hundred and ten F'kins cont[aining] Fifty seven hundred wt Butter,

Seventy Boxes cont[aining] Thirty five hundred wt Candles, One hundred

eighty Tann'd Hides and Forty Ters[3] Pilchers. Custom paid. Witness

our Hands and Seals of Office the 4th of Decemb'r 1739.

RICH'D FENTON,

Coll.

WILL. DOBBIN,

Dep'y [Cudr?] and Coll'r.

Endorsed 1739 Xbr[4] 7th Exam'd per Ben Roberts, Ld. Wt.,[5]

Cove Dec'r 11, 1739 Exam'd per Rich'd Toler, [Scr.][6]

[Footnote 1: Sheriff of the city of Cork in 1741, mayor in 1744. He

was descended from an uncle of Governor John Winthrop.]

[Footnote 2: "For packing, salting, and barreling beef, this city

gives place to no other in Europe." Exports in 1743, 86951 barrels of

beef, and similar amounts of butter, hides, and tallow. It was a place

of 70,000 inhabitants, and the customs revenues were L50,000. Smith,

_Cork_, I. 412, 410, 407.]

[Footnote 3: Tierces; the libel (doc. no. 128) says forty barrels.]

[Footnote 4: December.]

[Footnote 5: Landwaiter.]

[Footnote 6: Qu. Sur., for surveyor?]

_139. Declarations of Sailors. 1740._

I Do Declare that I am a Servant to the Captain of the Sloop

_Amsterdam_ and has been about Twenty Months, and in the Mean time has

been four Voyages betwixt Canaries and Amsterdam, and the last Voyage

We went to Cork and from thence I always thought We was going to

Teneriffe, hearing all our Men Say the was Shipped for that Place, and

am willing to give my oath if occasion. As Witness my Hand

WILLIAM YOUNGER.

I Do Declare that I was Shipped in the City of Corke by Capt. Aeneas

Mackay in the Sloop _Amsterdam Packett_, bound to Teneriffe and from

thence if the Captain thought proper to Cork and Amsterdam, and to

receive Thirty three shillings per month Irish Money, which I will

give my oath if occasion, which I have here sett my Hand.

his

DARBY [wavy line] SHE.

mark

I Do declare that I was Shipt by Capt. AEneas Mackay in the Sloop

_Amsterdam_ to the Island of Teneriffe and to receive fourteen Gilders

per month. We proceed[ed] our Voyage, but before We Sailed from thence

he told us he was bound to Cork, which I consented to go with him, and

at our Departure from Corke he told us he was bound again to

Teneriffe, St. Cruize, where We came from, which if occasion I will

give my Oath and has sett my Hand.

his mark

JOHN [X] GORDING.

_140. Certificate of British Consul in Madeira. March 9, 1740

(N.S.)_[1]

[Footnote 1: It is to be presumed that all these documents originating

in the Madeira or Canary Islands are dated according to new style.]

These are to Certify all whom it may Concern that upon the arrival of

the Sloop _Amsterdam Post_ at this Island the Judge of the Poor

applyed to Capt. Philip Dumaresq to have her Unloaded, there being no

Salt Beef in the Place at that Time for Sale, to which the said

Dumaresq answer'd that he could not consent to it till it was first

Condemn'd by some English Admiral as good Prize, upon which the said

Judge Applyed to the officers of the Chamber at their respective

Houses and came back and told him that he should be obliged to it

whether he wou'd or no, for that the Island was in great want thereof,

and that he would give him a Certificate that they forced him to it,

but to this day the said Dumaresq has not been able to obtain it,

notwithstanding the said Judge has in my hearing several Times

promised to give it to him.

As Witness my Hand in Funchal, Island of Madera, 9th March 1740.

RICHARD BAKER, Consul.

_141. Receipt for Mediterranean Pass. May 29, 1740 (N.S.)._

Receiv'd from Capt. Philip Dumaresq Command[er] of the Private Man of

War Sloop _Young Eagle_, a Mediterranean Pass No. 2533,[1] Granted by

the Hono'ble the Commissioners of the Admiralty of Great Britain the

Eleventh Day of July, One thousand seven hundred and thirty eight, to

AEneas Mackay, then Master of the Sloop _Amsterdam Post_, now taken as

Prize by the abovesd Capt. Ph. Dumaresq. In Witness hereof I have

Signed two Receipts, both of this tenour and Date, in the Island of

Madera, the 29th May, 1740.

RICHARD BAKER, Consul.

[Footnote 1: See doc. no. 128, note 12.]

The Claimant in Court acknowledged the Certificate signed by the

Consul touching the Delivery of the English Mediterranean Pass to him

by Capt. Dumaresq to be the proper hand writing of Richard Baker,

Esq., Consul at Madera, as also the Certificate of the Judge of the

Poor's obliging Capt. Dumaresq to Unload.

_142. Certificate of British-Dutch Vice-Consul in Teneriffe. April 26,

1740 (N.S.)._

I Certify and avouch to all Gent. whom these Present may concern, That

Don Peter Dufourd, Vice-Consul General for the French and Britannick

Nations,[1] Appeared before Me, as also Don John Delake, John

Whitefield and Don Issario Antonio Samer, Merch'ts residing in this

Port, who say that the Sloop called the _Amsterdam Packett_, whereof

Capt. Aeneas Mackay is Commander, has usually come to this Port; and

that the said Sloop arrived here under Dutch [Colours] the 27 of

October the year last past, 1739, and that the said Sloop sailed again

for Amsterdam, consigned to the Divernetts, and that the said Sloop

wore Dutch Colours, during the time she lay at anchor in this Road,

and that said Sloop Sailed and Returned on her Voyage out of this Port

under Dutch Colours; and that the said AEneas Mackay brought with him

his Dutch Clearance and Passport, and that he the said Mackay is a

Resident and Dweller in Amsterdam; and that the Cargo which he had

brought and now did bring, did actually belong to Merch'ts in Holland

Corresponding with the aforementioned Divernetts herein expressed, and

that the aforesaid Don Peter Dufourd, as Vice-Consul General, did pass

the Usual Visit of Health in the aforegoing Voyage; and that he[2]

brought his Dutch Journal, which was set down in his Book as a

Dutchman, and for this purpose he[3] holds his Vice-Consulship as well

as being Employed Vice-Consul for the Dutch; and further saith that he

the said Dufourd had been in Company with Isaac Divernett in the House

of Don Arnold Vansteinfortt,[4] Consul General for the Dutch in these

Islands, when the said AEneas Mackay shewed him his Papers, as he was

Consul for that Nation, Manifesting his being Naturalized in

Amsterdam, and for this reason he brought a Dutch Passport and Wore

Dutch Colours; the Truth of which he declares before God, no person

being able to say to the contrary, it being a Publick and known Truth,

of what has been Declared, Signed by these Presents with the aforesd

Vice Consul Gen'l and the afore mentioned Merch'ts of this Port of

Santa Crux of Teneriffe, the 26th Day of April 1740. PETER DUFOURD,

Vice Consul General, JOHN WHITEFIELD, ISSARIO ANTONIO SAMER, JOHN

DELAKE, JOSEPH VRANES [Vianes][5] of Salas, Publick Scrivener.

[Footnote 1: And also for the Dutch Republic; see below. George Glas,

in the "Description of the Canary Islands" appended to his translation

of Juan Abreu de Galindo, _History of the Discovery and Conquest of

the Canary Islands_ (London, 1764), says that the British and Dutch

consuls were the only Protestants allowed to dwell in the islands.

Santa Cruz was the centre for the foreign trade, and the governor

resided there, on Teneriffe, though the bishop and the courts were at

Palmas, on the Grand Canary.]

[Footnote 2: Mackay.]

[Footnote 3: Dusourd.]

[Footnote 4: See doc. no. 165, note 11.]

[Footnote 5: See _ibid._]

Compared with the Original before Me which is in my Power and office,

and this I remit as a true Copy, the Day and Year aforementioned. In

Testimony of the Truth,

JOSEPH VRANES of Salas,

Publick Scrivener.

We do Declare and Avouch that Joseph Vranes, who has attested this

Copy, is Publick Scrivener, and that full Faith is and ought to be

given to all his Instruments of Writing and Dispatches, both here and

abroad. Wherefore We have Signed this in Santa Crux of Teneriffe, the

29th of April, 1740.

JOSEPH PADILLA,

JOSEPH ANTONIO SANCHES. Apostollick Notary.

FRANCISCO DELGADA.

_143. Sentence of Admiralty Judge. September 1, 1740._[1]

[Footnote 1: Court proceedings here resumed, after insertion of

documents in the record.]

Capt. Dixon, who Translated the Several Spanish Papers aforewritten,

made Oath in Court that he had Translated them according to the best

of his Skill and Judgment.

The Court was then Adjourn'd to the 25th Curr't at 8 a Clock A.M., at

which Time it was Opened and both Parties fully heard by their

advocates, after which the Court was Adjourn'd to the Thirtieth Curr't

at 10 a Clock a.m., at which Time the Judge Decreed the Vessell and

Cargo a Lawfull Prize, and on the first of September following

delivered his Reasons for Adjudication in Open Court, which is as

follows, viz.

I have duly Considered the Preparatory Examinations and all the Papers

and Writings which were Sworn to be found and taken in and with the

Capture (a Mediterranean Pass excepted) and also the Depositions given

in Open Court, and likewise with great Deliberation weighed the

Arguments of the Advocates, as well on the part of the Captor as on

the part of the Claimant, and it appears to Me that the Sloop Libelled

against was a British Bottom, Navigated by British Subjects, and that

the Master thereof, AEneas Mackay, on the 11th of July, 1738, had

Granted to him for said Sloop by the Right Hono'ble the Lords

Commissioners for Executing the Office of Lord High Admiral of Great

Britain a Mediterranean Pass No. 2533, which was found on board the

said Sloop at the Time of the Capture. It also appears to Me that the

said Master, on the 16th Septr., 1739, by the Name of AEneas Mackay of

London, Captain, took the usual Oath of a Porter of the City of

Amsterdam; that on the 22d of said Month the said Master before the

Magistrates and Rulers of that City made oath that the Vessell

aforesd., of which he was then Master, belonged to a House in that

Province and afterwards the said Vessell in Holland as to her

Clearing, Passport, Visiting, Taxing, etc., was Treated as a Dutch

Bottom; that on the 2d of Octobr. following the said Master hired a

Chamber in Amsterdam _for one year_, But in case no one appeared in

October following then it should be in the power of the Lessor to Lett

the same to another, and he Enter'd the Day following, and shortly

after sailed in said Vessell to Teneriffe, from whence in a few Days

he and his hands, British Subjects, and after the Proclamation of War,

with Two Passes, viz. the said Mediterranean Pass and a Dutch Pass,

sailed to Cork in the Kingdom of Ireland, having a Great quantity of

Money, as appears by his Journal; there he purchases a Loading,

Chiefly Provisions, Clears out for the Maderas, and accordingly had

one Sett of Bills of Lading for that Port, to be delivered to William

Callanach or to his assigns, who to Me appears to be a fictitious

Person, and one other Sett of Bills of Lading for said Cargo to be

Deliverd at the Port of C----[2] unto Divernett Freres, who plainly

appeard to me then to be two Merch'ts Settled Inhabit'ts at Teneriffe,

one of them since dead, the other there still Inhabiting; that on the

15th of January, 1739, the said Vessell was taken, as set forth in the

Libel, with the said Papers and the Books of Acco'ts of the said

Master, and by which acco'ts it turns out to my Satisfaction if those

two Brothers the Devernets were not solely Owners they were

Principally so. It further appears that the reason assigned by the

Master, when taken, of being so near Teneriffe and setting in for that

Port was for Water, when in Truth it's in Proof they were Letting out

their Water Secretly, and after Stopt by the Captors there was Water

for one hand more than the Crew belonging to the Sloop for three

Weeks, which carried them into Madera, and if the Say of some of the

Sailors is to be Credited they were Shipped at Corke for Teneriffe;

and all this to Demonstration Shews which of those two Setts of Bills

of Lading must be understood to be Real. It also appears in Proof,

certifyed under the hand of the British Consul at Madera (whose name

thereto subscrib'd is owned by the Claimant to be of his proper

handwriting), that the said Cargo was there by force Unloaded, by

Means Whereof not brought with the Vessell to this Port, So that in

fine here is a British Master endeavouring to Commence Dutchman, a

British Vessell with two Passes, British and Dutch, and to be

occasionally[3] either a British or Dutch Bottom Navigated by British

Subjects in time of War with Spain, Sails from Teneriffe with Money to

Cork in Ireland, there purchases a Cargo of Provisions bound directly

back to our Enemies, makes a false Clearance as if bound to Madera,

has two Setts of Bill of Lading, the One which is Real to Deliver the

Cargo at a Port part of the Dominions of a Prince in Enmity with us,

and to Persons there Inhabiting who appear to be altogether or

Principally owners, Carrying the King's Subjects to Enemies, whereby

they by Menaces or Corruption or both may be drawn from their

Allegiance, and happily is thus taken, and to have it a Question

whether it's a Lawfull Capture or not is somewhat Extraordinary, for

my part till I am better Informed from Home I shall never Ballance in

Cases so Wickedly Contrived and contrary to the Conduct of plain

Trading and Simple Honesty, But in Justice to my King and Country

always Condemn, and if this Mackay was in Court, notwithstanding all

his Subtlety and Double Dealing and his pretended Naturalization

Certifyed from Teneriffe, as in the Case, I should order him in

Custody till delivered up to the Government. Therefore on the whole I

Adjudge and Condemn the Vessell and Cargo Libelled against as a

Lawfull Prize, Entirely to belong to and be Divided between and among

the Owners of the Sloop that Seized and Took her as aforesaid, and the

several Persons which were on Board the same, in such Shares and

Proportions as were agreed on with the Owners aforesd. and the persons

thus entituled thereto by virtue of such agreement among themselves.

And as to the Objection that the Cargo is not brought in the Vessell,

the Manner of it's being forced from the Captor is Certified, and that

this Court may notwithstanding proceed to Condemnation is not only the

practice of the Court, but so known in the Kings Court, as in the

Cases the King v. Broom, Brown and Burton v. Francklyn.[4]

ROB'T. AUCHMUTY, Judge Ad'y.

Examd

per JOHN PAYNE, D.Reg'r.

[Footnote 2: Santa Cruz?]

[Footnote 3: _I.e._, according to occasion.]

[Footnote 4: Rex _vs._ Broom or Brome is in Comberbach's _Reports_

(1724), p. 444 (King's Bench, Trinity term, 9 Will. III.) and, more

fully, in Carthew's _Reports_ (1728), p. 398, and 12 _Modern Reports_

135. Broom, master of a ship of the Royal African Company, captured a

French ship off the Guinea coast, sold ship and goods at Barbados, and

kept the proceeds. Franklyn, the king's proctor, exhibited a libel

against him in the High Court of Admiralty, for embezzlement of the

admiralty perquisites belonging to the king. After sentence, Broom

moved the King's Bench for a prohibition, to transfer the case to that

court, but the prohibition was refused. The case of Brown and Burton

_vs._ Franklyn (Hilary term, 10 Will. III.) was similar. Brown and

Burton were masters of two ships of the East India Company, who had

taken a rich French prize at the island of Johanna (see doc. no. 58,

note 3) and taken the goods for themselves and left the ship there,

without going to the trouble of having it properly condemned as prize.

The case is reported in Carthew, p. 474.]

THE _REVENGE_.

_144. Commission of Capt. Benjamin Norton as a Privateer. June 2,

1741._[1]

[Footnote 1: Massachusetts Historical Society, in a collection of

papers, to which several of the subsequent documents belong, presented

to the society by the late Professor Charles Eliot Norton,

great-grandson of Captain Benjamin Norton. This commission, or letter

of marque, may be compared with one of 1782 (New York, loyalist), in

Anthony Stokes, _View of the Constitution of the British Colonies_,

pp. 340-347, and with the Portuguese letter of marque in doc. no. 14.

This Benjamin Norton may have been a son of the one who figures in

doc. no. 118.]

Richard Ward Esq Governour and Commander in Chief in and over his

Majesty's Colony of Rhode Island and Providence Plantations in New

England.

To all Persons, to whom these Presents shall come, Greeting.

Whereas his most Sacred Majesty George the Second by the Grace of God

of Great Britain, France, and Ireland King, Defender of the Faith

etc., hath been pleased by his Declaration of the nineteenth Day of

October, in the year of our Lord One Thousand seven hundred Thirty and

nine, for the Reasons therein contained, to declare War against Spain,

And has given Orders for the granting Commissions to any of his loving

Subjects, or others that shall be deemed fitly qualified in that

Behalf, for the apprehending, seizing and taking the Ships, Vessels

and Goods belonging to Spain, or the Vassals and Subjects of the King

of Spain, or others inhabiting within any of his Countries,

Territories, and Dominions, and such other Ships, Vessels and Goods,

as are or shall be liable to Confiscation Pursuant to the respective

Treaties between his Majesty and other Princes, States and Potentates,

and to bring the same to Judgment in the High Court of Admiralty in

England, or such other Court of Admiralty as shall be lawfully

authorized for Proceedings and Adjudication, and Condemnation to be

thereupon had according to the Course of Admiralty and Laws of

Nations,

And Whereas Benjamin Norton Mariner and John Freebody Merchant both of

Newport in the Colony aforesd. have equipped, furnished, and

victualled a Sloop called the _Revenge_ of the Burthen of about One

hundred and Fifteen Tons, whereof the said Benjamin Norton is

Commander who hath given Bond with sufficient Sureties,

Know Ye therefore That I do by these Presents, grant Commission to,

and do license and authorize the said Benjamin Norton to set forth in

Hostile manner the said Sloop called the _Revenge_ under his own

Command, And therewith by Force of Arms (for the Space of Twelve

months from the Date hereof, If the war shall so long continue) to

apprehend, seize and take the Ships, Vessels and Goods belonging to

Spain, or the Vassals and Subjects of the King of Spain, or others

inhabiting within any of his Countries, Territories or Dominions, and

such other Ships, Vessels and Goods, as are or shall be liable to

Confiscation Pursuant to the respective Treaties between his Majesty

and other Princes, States and Potentates, and to bring the Same to

such Port as shall be most convenient, In order to have them legally

adjudged in such Court of Admiralty as shall be lawfully authorized

within his Majesty's Dominions, which being condemned, It shall and

may be lawful for the said Benjamin Norton to sell and dispose of such

Ships, Vessels and Goods so adjudged and condemned in such Sort and

manner as by the Course of Admiralty hath been accustomed (Except in

such Cases where it is otherwise directed by his Instructions[2])

Provided always That the said Benjamin Norton keep an exact Journal of

his Proceedings, and therein particularly take notice of all Prizes

that shall be taken by Him, the Nature of such Prizes, the Times and

Places of their being taken, and the Value of Them as near as He can

judge: As also of the Station, Motion and Strength of the enemy, as

well as He or his Mariners can discover or find out by Examination of,

or Conference with any Mariners or Passengers in any Ship or Vessel by

Him taken, or by any other Ways or Means whatsoever, touching or

concerning the Enemy, or any of their Fleets, Ships, Vessels or

Parties, and of what else material in these Cases that may come to his

or their Knowledge, of All which He shall from Time to Time as He

shall have an Oportunity, transmit and give an Account unto me (or

such Commander of any of his Majesty's Ships of War as He shall first

meet with). And further Provided that nothing be done by the said

Benjamin Norton or any of his officers, mariners and Company contrary

to the true meaning of the aforesaid Instructions, But that the said

Instructions shall be by Them, as far as They or any of Them are

therein concerned, in all Particulars well and duly observed and

performed, And I do beseech and request all Kings, Princes,

Potentates, Estates and Republicks being his Majesty's Friends and

Allies, and all others to whom it shall appertain to give the said

Benjamin Norton all Aid, Assistance and Succour in their Ports, with

his said Sloop and Company and Prizes without doing, or suffering to

be done to Him any Wrong, Trouble or Hindrance, His Majesty offering

to do the like, when by Any of Them thereto desired, Requesting

likewise of All his Majesty's officers whatsoever to give Him Succour

and Assistance as Occasion shall require.

[Footnote 2: See doc. no. 126.]

Given under my Hand, and the Seal of said Colony, at Newport aforesaid

the Second Day of June Anno Dm. 1741, and in the Fourteenth year of

his said Majesty's Reign.

RICHARD WARD.[3]

[Footnote 3: Governor 1740-1743.]

Sealed with the Seal of said Colony

by Order of His Honour the Governour

JAS. MARTIN, Secry.

Colony of Rhode Island etc. Newport 6th November 1741

The above and foregoing is a true Copy of the Commission granted Capt.

Benjamin Norton for the Sloop _Revenge_ on a Cruise against the

Spaniards etc. as the Same stands recorded in my office in the Book

No. 4, Fo. 544 and 545.

Teste JAS. MARTIN, Not. Pub.

_145. Journal of the Sloop Revenge. June 5-October 5, 1741._[1]

[Footnote 1: Massachusetts Historical Society. This journal, parts of

which were Published by Professor Norton in the _Atlantic Monthly_ for

September and October, 1861 (VIII. 353-359, 417-424) was kept by Peter

Vezian, captain's quartermaster (there were two quartermasters, one

appointed by the captain and one elected by the crew).]

A Journal of all the Transactions on Board the Sloop _Revenge_ Benja.

Norton Com'r by God's Grace and Under his Protection Bound on a

Cruising Voyage against the Spaniards Begun June the 5th, 1741.

Privateering and Piracy in the Colonial Period Illustrative Documents · 第 34 / 55 段