[Footnote 13: Vidonia, a dry canary.]
[Footnote 14: A payment which owners of goods made to the master, in
proportion to their consignments, for his care of the goods.]
The remainder of the Cargo belongs to the Capn. here Inclosed you'l
find a writing or Bill of Sale made before a Publick Notary of the
Vesels being Sold to me, which I Judge proper to Send that no
Difficulty's may arise in the Sale of the Vessel, and for that end I
also Enclose you my power of Attorney, that you might act as you Shall
Judge Proper and in Vertue of them I beg you'l Please to use your
outmost indeavours to Dispose of her. She Cost me, put to Sea, 2000
Dollars, however you may Let her go if can do no better for 1300
Dollars or less, if the Capn. is willing; altho it appears as if She
belonged entirely to me, he's half concerned in her so that you'l
Please to act in conformity with him in Sale of her. if you Sell her
pay him his half of the neat Produce of what she sells for, and the
other half must be joyned to the Neat proceeds of the 50 pipes before
mentioned, and to make one Acct of them. Pray also pay Said Capn. 195
Dollars and no more for the difference of freight due to him according
to our Contract.
Supose you cannot Possibly Sell the Vessel (which I again Earnestly
begg you'l indeavour to do) must then Procure her a freight and Partly
load her out of the Neat Proceeds of the wines and procure the residue
of her Cargo from your friends. in this Case you and the Capn. will be
Pleased to contribute Each one half of the Charges the Vessel will be
at to Set her out to Sea, not omiting a Passport from your
Governor[15] Such as he now has from the Dutch Consul here. you are to
give the Capn. necessary instructions for his Voyage. if it Should be
for Amsterdam, you must address both Vessal and Cargo to Mr. Petter
Doscher, and if for any other Port may Consigne her to whom you
Please, ordering the Produce of both freight and Effects to be remited
to Said Mr. Doscher of the Capital you intend to Passe into his hands
that he might if Should be thought proper cause it to be Insured. if
the Capn. Should die in the Passage (which God forbid) you must then
after the arrivall of the Vessell put in one to your Satisfaction and
also procure the Sale of his 45 pipes of Malvasia[16] and Vidono
wines, and Remit there Neat proceeds with a Seperate Acct. to said Mr.
Doscher, and in Case I should not resign over the Amt. of the Said 30
pipes V.P. you must also remit there Net proceeds and a Seperate Acct.
to said Mr. Doscher, and joyn the 450 Dollars to the Acct. of the 50
pipes. You are to pay one half of the mens wages and the Capn. the
other half, deducting what they have recevd. as p. Said Cap's.
Catalogue. In short, altho I notte you all these Circumstances yett I
beg your Principall imply[17] may be in the Sale of the Vessel for as
much as she will fetch, and Persuad the Captn. that it is his Interest
if he rightly Considers the Charge of Victualing and seting her out
for a Voyage to Holland, to which I begg your Particular attention.
[Footnote 15: The Dutch governor of Curacao.]
[Footnote 16: Malvasia (Gr. Monemvasia) was a town on the southeast
coast of Greece. The term malvasia wine, or malmsey, was originally
used of a wine coming from that locality, but afterward, as here, of
certain madeiras.]
[Footnote 17: Employ.]
Enclosed you'l find a notte of what the mens wages amount to monthly
and so also a paper in Vertue of which you'l make the Capt. pay you
120 Dollars. I begg you'l Lett me know via Holland or per first
Opertounaty the Success of this Enterprise. interim I remain with
Humble Submission
Sir
Your Most Humble and obt. Ser't,
P. DOSCHER, Junr.
3d. Invoice of the following pipes of Wine laden for my acct. and
risque to the Island of Curacao upon the Dutch Snow called the
_Princess of Orange_, Cap. John Melidoni, and to the Consignation of
Mr. Mastere, In his absence to Messrs. Rodier and Lecier Dwelling
there, Markt as in the Margent--
M.R. No. 1-50 Pipes of Vidonia Wines In Casks as they are at the
Island of Madeira, Drawen from the Lees.
V.P. 30 Ditto. upon the Lees in Casks of this Island being
Larger then those of Madeira. these Last are to
pay 450 ps. of 8/8 Freight, which Freight Mony
you are to retain out of the Sales and folow my
orders therewith.
C.M. 18 Pipes of Vidonia }
Z. 3 Do. Malmsey }
Z. 1 Do. Malmsey in 2 half pipes } These pipes of
Z. 1 Do. Malmsey in 4 Qr. Casks } Wine are the
C. 15 Do. Vidonia } property of
D.N. } Capt. John
I. 45-1/2 } Melidoni.
C. }
D.N. 5 Do. Malmsey. }
O. 2-1/2 Do. Malmsey }
125-1/2 pipes Vidonia and Malmsey }
wines. }
STA. CRUX, THENERIFFE, 16th Xber[18] 1740.
Errors Excepted
P. DOSCHER, Junr.
[Footnote 18: December. All these dates written in Teneriffe are
new-style dates.]
4. Translation of one Bill of Lading, viz:
I John Mellidoni, Master under God of my Ship named the _Princess of
Orange_, now Laying ready at the Island of Theneriffe, to sail with
the first good and fair Wind God shall Send, to Sail for the Island of
Curacao, where my rightfull discharge is to be.
I acknowledge to have recd. under the Deck from you, Mr. Peter
Doscher, junr.
M.R. Fifty pipes of wine
V.P. Thirty pipes of wine, all Dry and well conditioned and marked as
in the Margent, all which I promise to deliver if God Grants me a Safe
Voyage with my Ship at Curacao aforesaid, to Mr. Mestre, and In
absence to Messrs. Rodier and Lecier, or to his Factor or Deputy,
paying me for the freight thereof according to agreemt., with avaridge
according to the Custom of the Sea, and to fulfill what is aforsaid,
I bind my Selfe, all my goods, and my said Ship, with all her
apparell. In testimony whereof I have Sign'd 4 Bills of Lading with my
name, or my Clerk in my behalf, all of one tenour, one whereof being
fullfil'd the other to Stand void. written in Sta. Crux upon the
Island Theneriffe the 16th Xber 1740.
Insides and Contents unknown.
JAN MILIDONY.
The Translation of the Substance of 2 other Bills of Lading viz--
1st.
1. DCN. 18 pipes Vidonio wines of the outward marks.[19]
2. C M. 5 pipes Malvasia wines in whole pipes 2 half pipes
3. C M. and 4 quarter Casks
the residue Z. 1 Bag of venice Thread buttons
2 quarter cask Vidonio of the first mark
1 Bar'l. of Raisons and figs
8 Distil Stones
60 Stone Mortars
1 Bag of Venice thread buttons cont'g 504 gross
All Shipped By Capn. John Milidoni on bourd the Dutch Snow Call'd the
_princess of Orange_, whereof he is Mr. and are for his proper Acct.
and Risk, Consigned to himself, in his Absence to Mr. Mastre and in
the absence of both to Messrs. Rodier and Le Cire In Curacao.
2d.
DCN. 15 pipes Vidonio wines of the without mark.[19]
DCN. 7-1/2 idem Malvasia wines in 5 whole pipes and
5 half pipes of the without mark.
[Footnote 19: _I.e._, with marks like those here given in the margin.]
All Shipped by Capn. John Milidoni on board the Dutch Snow Called the
PRINCESS OF ORANGE whereof he is Mas'r. and for Acct. of the new
Company in Venice[21] Consign'd to himselfe, in his absence to Mester,
and in the absence of both to Messrs. Rodier and LeCire in Curacao.
[Footnote 21: Not identified.]
5. Translation of Anthony Pereda's Declaration.
Declaration of Anthony Pereda Stower of the first that was loaded on
the Ship _Princess of Orange_ for account of Andrew Jayme born in the
City of Laguna[21] Eighteen or Twenty Pipes of wine, Secondly Mr.
Stephen Pereda has loaded for his Acct. thirty pipes of wine, born in
the City of Laguna I can Swear under my hand 11th of February 1740.
ANTHONY PEREDA.
[Footnote 21: San Cristoval de la Laguna, an old town on Teneriffe,
four miles inland from Santa Cruz.]
6. Translation of a Spanish paper Signed by The Spanish Seaman.
This we write to Declare that the Snow called the _Princess of Orange_
and the Cargoe belongs in truth to the Spainish Merchants, and the
Dutch Pass and Colours were only for a pretext in the affair; for
which we have Set our names in testimony of the Truth upon Oath
declaring to be forced neither by the Capn. nor any of the officers
nor by imprisonment, one the contrary have been well used. Eleventh of
February 1740.
GASPAR FAJARDO.
JOHN GONSALES YANES.
VINCENT ANTONIO.
FRANCIS RODRIGUES.
FRANCIS TABIEL.
ANTONIO PEREDA.
7. The affidavit of the Spanish Sailors taken before James Abercromby,
Judge Advocat to the Army before Carthagene.[22]
[Footnote 22: In the summer of 1740, when the expedition against
Cartagena, under Vernon and Cathcart, was being planned, Capt. James
Abercromby was made judge-advocate-general to the military forces.
_Gent. Mag._, X. 358. This was the same Abercromby who afterward
failed so lamentably as commander-in-chief of the British forces in
North America, and at Ticonderoga, 1758.]
This day personally appeared before me Captain Seth Drummond of
Philadelphia and Commander of a Privatteer Sloop Called the _George_
bringing along with him three Spainards Called Geronimo Faxardo,
francisco Roderigues, and Antonio Pereda, who being duely Sworn by the
Siegn of the Cross, being the manner of their Nation, do Depose that
on the Twenty fourth of February last past, New Stile, a little to
leward of the Island of Aruba,[23] in the West Indies, they being in a
Snow come from the Island of Thenerife called the _Princess of Orange_
and Commanded by Capt. John Melidoni Loaded with wine, were taken by
the above Capt. Drummond and they further Depose that notwithstanding
their Said Captain Melidon had a Dutch passport and wore Dutch Colours
yet in reality the Said Snow and her Cargo did belong to Spainish
Merchants in the Said Island of Thenerife, and that they had no Dutch
man on board, on the Contrary all the Crew were Spainards except the
Said Captain, the Mate, and the Boatswain, and this They Depose by the
Interpretation of David Campbell, Commisary of the Stores of war and
provisions in the Brittish army before Carthagena; being for this
Effect duly Sworn. Dated at the Camp before Carthagena this Sixth Day
of April one thousand Seven hundred and forty one and of his Majesties
Reign the fourteenth.
[Footnote 23: Aruba lies in the southernmost part of the Caribbean,
off the Venezuelan coast and west of Curacao.]
Sworn before me JAMES ABERCROMBY,
Judge advocat to the army before Carthagene.
GERONIMO FAXARDO.
his
FRANCISCO [X] RODERIGUES.
mark
ANTONIO PEREDA'S mark [X]
DAVID CAMPBELL.
8. Translation of the Portlidge Bill[24] from the Spanish.
[Footnote 24: A portledge bill was a register of sailors' names and
claims for wages or allowances.]
Catalogue of the mens names and their monthly wages
Captain wages @ 30 x 8 p month commencing from the 17th Xbr. 1740.
Pursers idem @ 20 Do.
David Guise 13 Do.
Gaspar fasado 6 Do.
Francisco Gras 7 Do.
Fran'so Roldan 9 Do.
Visente Dias 9 Do.
Francis Tabier 9 Do.
Antonio Perera 9 Do.
Juan Gordes 9 Do.
Vincente Antonio 9 Do.
-----
each month ps. 8/8, 130 and on acct. have received 174 Dollars as
p. Capn. Acct.
9. Court of Vice Admiralty
Pensilvania.
Gaspar Fajardo a Native of the Island of Teneriff part of the
Territories of the King of Spain and one of the Mariners taken on
board the Snow called the _Princess of Orange_, being Solemnly Sworn
by Sign of the Holy Cross according to the manner of Adminstring oaths
in Courts of Justice within the Kingdom of Spain, Deposeth and Sayeth
That last year He sailed from the Havana and arrived at the Said
Island of Teneriffe sometime in the month of August last past. That
upon his arival, he was hired by one Captain John Melodny late
Commander of the Said Snow called the _Princess of Orange_ and one
Andrew Haymas a Native of the Said Island of Teneriffe to go a Sailor
on board the Said Snow then rideing at anchor at the Said Island. That
he was informed the Said Snow was built at Dublin in Ireland and that
she with another Vessell was cut out of the Road of Santa Cruz on the
Coast of Barbary[25] by a Spainish Privateer, brought into the Said
Island of Teneriffe, and Condemned as a prize taken from the Subjects
of the King of Great Britain and there Sold to the Said Capt.
Milodony. That he sailed in the Said Snow from the Said Island in
about two days after his arrival there from the Havana for the Island
of Curacoa; but missed that Island, and fell in with the Land of
Cora[26] and came to an anchor there. That perceveing the people on
Shore to be in some Confusion the Master let fly a white Sheet with
some red rags Sewed thereon in form of a Spanish Ensign;[27] and then
the Said Capt. Melidony went on Shoar. That the Sailors saying they
wanted victuals the said Capt. Melidony went up to the Town to the
Governor or Chief magistrate and Sold him Four Quarter Casks of wine
and recived for it about Forty Dollars. That the Said Capt. Melidony
got some provisions there and afterwards returned on board the Snow.
[Footnote 25: On the west coast of Morocco; the famous modern Agadir.]
[Footnote 26: On the Venezuelan mainland, south of Aruba and southwest
of Curacao.]
[Footnote 27: The Spanish flag bore red horizontal stripes on a yellow
ground.]
The Deponent being asked what Cargo was on board the Said Snow and to
whom the same did belong, He saith that the Snow was loaded with wines
at the said Island of Teneriffe, and that Antonio Pereda a Sailor on
Board the Said Snow who had received the Said wines on board and
Stowed them in the Vessell frequantly after the takeing of the Said
Snow informed him that eighteen or Twenty Pipes of the wine belonged
to the aforesaid Andw Haymas, and that one Stephen Pereda a Spainard
born as he beleves on the Island of Teneriffe aforesd. owned twenty
eaght or thirty Pipes of the Said wines. That the first Information he
received concerning the Said Andrew Haymas and Stephen Peredas owning
those wines was after takeing the Said Snow and from the Said Antonio
Pereda who upon Examination by the Commander of the Privateer called
the _George_, freely and without any forse or Compulsion confessed
that So much of the wines as are above mentioned, of his own Knowladge
did belong to the Said Andrew Haymas and Stephen Pereda.
And this Deponant furthar saith, the paper now Shewn and read to him
marked No. 8[28] Signed by himselfe and Six other Spanish mariners,
was Signed by them freely and without Compulsion and contains nothing
but Truth to the best of his Knowledge.
[Footnote 28: No. 6 above.]
That he heard the paper marked No. 11[29] now Shewen and read to him
and read to the Said Antonio Pereda who in the presance of the
Deponant freely and without any Constraint signed the Same and
Declared the Contents thereof to be true.
[Footnote 29: Apparently no. 5 above.]
And the English Deposition marked No. 8[30] being likewise Shewen to
this Deponant and the Contents thereof explained to him by an
Interpreter duly Sworn and qualified for that purpose,
[Footnote 30: No. 7 above.]
He deposeth and Saith, That he with the other Deponents in the Said
Deposition named did before James Abercromby in the said Deposition
named make oath to the truth of the Contents of the Sd. Deposition and
did Sign the Same in the presence of the Said James Abercromby freely
and without Compulsion and further Saith, the Said Deposition contains
nothing but the Truth to the best of his Knowledge and Belief.
GASPAR FAJARDO.
10. Court of Vice Admiralty
Pensilvania.
Francesco Rodrigues a Native of the Island of Teneriffe and one of the
Mariners taken on board the Snow Called the _Princess of Orange_ being
Solemnly Sworn by the Sign of the Holy Cross according to the manner
of administring Oaths in Courts of Justice within the Kin[g]dom of
Spain Deposeth and Saith
That he saw the Said Snow sold as a prize at the said Island of
Teneriffe to Capt. John Milodony by order of Some Court there, but the
particular time of the Sale he cannot Remember, That He was Shipped as
a Sailor on board the Said Snow by the Said John Milodony and one
Andrew Haymas, a Spainard and Inhabitant of the said Island. That the
said John Melodony cairried this Deponant and three other Sailors
belonging to the Said Snow to the House of the said Andrew Haymas in
the said Island to receive advance wages on the Intended Voyage and
that there the said Andrew Haymas did pay this Deponent nine Dollars
for such wages and gave him a Note to pay nine Dollars more to the
Deponant's wife, and then did pay the advance wages to the other three
Sailors, all of which was done in the presance of the said John
Melidony and that the Said Andrew Haymas was on board the Said Snow at
the time of her Sailing from the Said Island of Teneriffe; and this
Deponant further Saith, that after their Departure from the Sd. Island
on their voyage to the Island of Curacoa, they missed the said Island
of Curacoa and made the Island of Tobago[31] which the Pilot said was
to windward of Curacoa. That they went from thence and fell in with
the Land at Cora where they came to an Anchor. That the people on
Shoare appearing to be in some Confusion, the Capt. Melidony hoisted a
white Sheet with some red Rags sewed thereon in form of a Spanish
Ensign, which Seemed to appease the People, and then the Captain went
ashore in his Boat and got some Provisions. That they afterward left
Cora and fell into Leeward of the Island of Aruba where they droped
Anchor at some distance from the Shoare and were there taken by the
Privateer Called the _George_. And this Depont. further Saith that in
their Voyage the Sailors on board the Said Snow did Sometimes express
their Fears of being taken by an English Privateer and that the Said
Capt. Milodony bid them not to be afraied for he had got a Dutch Pass
and Dutch Colours. That when Capt. Melidony's Sailors who were going
ashore with him in the boat to the Said Island of Aruba, saw the Said
Privateers Boat going on board the Said Snow they asked him what
Signified his Dutch Pass and his Dutch Colours if that should be an
English Privateer, to which he answered, be not afraied for my Pass
and Colours will bring us off, or Save us, and this Deponent being
asked what Cargo was on board the Said Snow and to whom the Same did
belong, he Saith, that the Snow was loaded with wines at the Said
Island of Teneriffe and that Antonio Pereda a Sailor on board the Said
Snow who had received the Said wines on board and Stowed them in the
Vessel, frequently after the takeing of the Said Snow informed him,
that eighteen or Twenty Pipes of the wine belonged to the aforsd.
Andrew Haymas, and that one Stephen Pereda a Spainard born as he
belives on the Island of Teneriffe aforsaid owned twenty-eight or
Thirty Pipes of the Said wines. That the first Information he received
concerning the Said Andrew Haymas and Stephen Pereda's owning those
wines, was after takeing the Said Snow and from the sd. Antonio Pereda
who upon examination by the Commander of the Privateer Called the
_George_, freely, and without any Force or Compulsion confessed that
So much of the wines as are above Mentioned, of his own knowledge, did
belong to the Said Andrew Haymas and Stephen Pereda.
[Footnote 31: One of the Lesser Antilles, far to the east of Curacao.]
And this Deponant further Saith that the Paper now Shewn and read to
him marked No. 10,[32] signed by himselfe and Six other Spanish
mariners was Signed by them freely and without Compulsion, and
contains nothing but Truth to the best of his knowledge. That he heard
the paper marked No. 11,[33] now Shewn and read to him, read to the
Said Antonio Pereda who in the presance of the Deponant freely and
without any Constraint signed the Same and declared the Contents
thereof to be true. And the English Deposition marked No. 8[34] being
Likewise Shewen to this Deponant and the Contents thereof explained to
him by an Interpreter duely Sworn and qualified for that purpose, He
Deposeth and Saith, That He with the other Deponants in the Said
Deposition named, did before James Abercromby in the same Deposition
named, make Oath to the Truth of the Contents of the Said Deposition,
and did Sign the Same in the presence of the Said James Abercromby
freely and without Compulsion, and further Saith, the Said Deposition
contains nothing but the Truth to the best of his knowladge and
Belief, and this Deponent further says that the forementioned Snow
_Princess of Orange_ was navigated by Seven Spainish Seamen besides
the Captain the Pilot and one Seaman being Irish and one native
Frenchman who was most of his life in Teneriff, That the Paper now
Shewn to him marked A.[35] contains the names of the Said Seamen and
the Deponent verily belives is of the handwriting of the for said
Andrew Haymas.
his
FRANCISCO [X] RODRIGUES
mark
[Footnote 32: No. 6 above.]
[Footnote 33: No. 5 above.]
[Footnote 34: No. 7 above.]
[Footnote 35: No. 8 above.]
And it appearing from the whole Tenor of the Evidence, that the Said
Snow and her Cargo, were at the time of the Capture, the Property of
Persons residing in the King of Spain's Dominions, viz. at Teneriff
and Cadiz
It is considered by the Court That the said Snow _Princess of Orange_,
Wines, and all other her Cargo, are, and hereby stand Condemned as
lawfull Prize.
PAT. BAIRD, Regr.[36]
[Footnote 36: Dr. Patrick Baird was clerk of the privy council
1723-1726, 1740-1742, clerk of the admiralty 1724-1735, register of
the admiralty court 1735-1744, and deputy judge of that court
1749-1752.]
THE _YOUNG EAGLE_.
_166. Petition of John Jones. December 30, 1741._[1]
[Footnote 1: Mass. Archives, vol. 64, pp. 124-125. For the _Young
Eagle_, Captain Dumaresq, and Captain Rous, see doc. no. 128, notes 2
and 9.]
Province of the Massachusetts }
Bay December }
30th, 1741 }
To His Excellency William
Shirley Esquire, Captain
General and Governour
in Chief in and Over the
Province aforesaid, And
to The Honble. His Majestys
Council of said
Province,
The Petition of John Jones of Boston in the
County of Suffolk Merchant
Humbly Sheweth
That about two Years ago One William Loud now residing in Boston went
Out in the _Young Eagle_ Privateer, Phillip Dumarasque Commander,
bound on a Privateering Voyage whereof your petitioner with others
were Owners. That the said Loud behaved himself on board in Such a
manner, that he was put on board One of His Majestys Ships of warr at
Giberalter for Mutiny, from whence he afterwards found means to run
away, and came to Boston, and applyed himself to your petitioner
telling him he could Inform him how the Officers of sd. Privateer had
greatly wronged your petitioner, That your petitioner being well
Informed of sd. Louds Actions, Mutinying and Ill behaviour on board
the said Privateer, thought proper not to Shew him any Countenance or
hear any thing he had to Say, whereupon the said William Loud then,
and from time to time Since, hath greatly abused and Insulted your
petitioner, and has vowed and threatned to take revenge on your
petitioner but for what reason he cannot tell.
That your petitioner has been Informed by Several Gentlemen of his
Acquaintance, and is well assured, that sd. Loud has twice in the
night besett your petitioners house, and there waited Several hours,
with others unknown in Order to met your petitioner going in or coming
out, and do him Some bodily hurt or take away his life, which your
petitioner is actually apprehensive of, from the many threatnings of
sd. Loud.
That your petitioner having just reason to fear that his life was in
Eminent danger applyed to Justice of the peace, and Swore the peace
against sd. Loud, but could not prevail upon any Officer to take said
Loud up and carry him before a Justice, and the reason, as your
petitioner thinks, is that they are affraid of him, he said Loud
always appearing armed with a great broad Sword, and a Number of his
Comrades with him, and Seems to bid Defiance to the Government and all
Authority; That your petitioner when he has Occasion to go abroad at
night, or come home to his house is Obliged to get a number of his
friends to be with him for fear of being Insulted, abused or killed
by sd. Loud.