Transcription of "Admiralty Court--Minutes (1754-1775)"
Maryland State Archives
Admiralty Court (Minutes)
1754-1775
(Cover Page)
Court of Vice Admiralty Record Book from anno--
Domini beginning at one thousand seven hundred and fifty four and
Proceeds and Ends at one thousand seven hundred and seventy
five
[f.1a]
Maryland SS
At a Court of Vice Admiralty held at the City of Annapolis in
the Province aforesaid on Tuesday the 20th day of August in the
20th year of the Reign of our Sovereign Lord George the Second and
in the 4th year of the Dominion of the Right Honorable Frederick
Absolute Lord and Proprietary of the Province of Maryland and
Avalon Lord Baron of Baltimore etc. Anno Domini l754.
Present
The Honorable George Steuart Esquire Judge
George Johnson Marshall, Rich. Dorsey Register
The Honorable George Steuart Esquire Judge of the Court of
Vice Admiralty produces his commission for that office and orders
the same to be entered, which commission follows in the those
words: Viz
Maryland SS
Horatio Sharpe Esquire Governor and Commander in Chief in and
over the Province of Maryland and Admiral thereof.
To George Steuart of the City of Annapolis Esq. Greeting.
Out of the especial trust and confidence I have in your
fidelity integrity circumspection and knowledge I do hereby
authorize and impower you to take cognizance of and proceed to hear
and determine all causes civil and maritime, and all plaints
contract offenses and/or crimes accounted pleas debts exchanges
assurances accounts charter parties agreements and writings
concerning the lading of ships and vessels and in all other
business and contracts which concern mariners for their ships
convoys and freight [f.1b] or mariners wages or in any wise thereto
relating also - suits trespasses injurys extortions and demands and
all civil and maritime matters whatsoever between merchants or
between masters and owners of ships or other vessels and merchants
or other persons whatsoever with the said masters or owners of
ships and of all other vessels whatsoever occupied or used or
between any other persons whatsoever, had, made, commissioned or
contracted for any thing matter or cause or business, whatsoever,
as well in or upon or through the sea the public streams ports,
fresh waters, rivers creeks or places overflowed with water
whatsoever within the flux and reflux of the sea and water to high
water mark, or upon the shores or banks whatsoever to them or any
of them adjacent, expedited or to be expedited together with all
and singular their incidents emergencies and cause whatsoever
annexed and connexed, or in what manner soever the causes plaints
and other the premises aforesaid or any of them may happen to
arise to be transacted, drawn or made (according to the Civil and
Maritime Laws of the High Court of Admiralty of Great Britain)
within the Province and the Territories to the same belonging and
also in any of the citys, towns or places in the aforesaid Province
for the like causes and matters to sit hear and determine therein
according to justice and judicially and lawfully to proceed
together with all and singular their incidents emergencies
dependencies and causes, annexed or connexed whatsoever; and
furthermore to compel witnesses (if for good will hatred or favour
or fear or for any other cause whatsoever they shall withdraw
themselves) to give their testimony to the truth in all or any of
the like causes according to right [f.2a] requireth, and
furthermore to take all cognizances obligations sureties and
stipulations as well on the port or instances of any person
whatsoever for any contracts debts or other matters causes or
business whatsoever, and then put in execution and cause or command
them to be executed; and also only to enquire of and take into your
custody all and singular the goods of traitors, pyrats, manslayers,
felons, fugitives and felo's de se, and of all bodies and persons
drowned slain or anywise coming to their death in the sea ports
rivers public streams or creeks and places whatsoever overflown;
and of mayhem happening in any of the places aforesaid, and of all
unlawful and forbidden engines and netts and of the occupiers and
users thereof, and of all royal fish viz: whales sharks grampuses
dolphins sturgeons and of all other great large fish whatsoever to
the Right Honorable the Lord Proprietary of this Province belonging
in right of his Admiralty thereof, and also of and upon all goods
lost on the sea wrecks flotsoms jetsoms lago[o]ns shoars, cast upon
the sea and wrecks of the sea, and goods had or accounted to be
forfeited, or by any chance or fortune found or to be found, and of
all trespasses faults offenses enormities and crimes maritime
whatsoever, as well upon the high seas as in or upon all and any
the ports rivers fresh waters and creeks or seashores and to the
height of the water from any the first bridge towards the sea in
and through this Province howsoever belonging to the maritime
coasts thereof - whomsoever and howsoever coming and happening
committed and done or to be perpetrated and committed discovered
and found, and to tax, moderate exact collect and levie all fines
mulcts Amerciaments and compositions whatsoever in the past due or
to be due and then lawfully to command and compel to [f.2b] be
collected and paid, and also to proceed in all and singular the
matters aforesaid and in all other causes contempts and offenses
whatsoever and howsoever contracted, or if so be the goods or
persons of the offenders shall be found within the jurisdiction of
the Court of Admiralty within this Province according to the laws
civil and maritime and customs of old used in his Majesty's high
Court of Admiralty of Great Britain and by such other lawful ways
manners and means as you may better know and can process and such
causes and contracts to hear examine discuss and finally determine,
saving nevertheless the right of appealing.
And also to arrest, command and cause to be arrested the ships
persons effects and goods wares and merchandises whatsoever for the
premises and for any of them or other causes whatsoever concerning
them in what places soever within the Province of Maryland
aforesaid or the Territories thereof they shall happen to be or be
found in or without the libertys and to compel all persons
whatsoever in that part as the case shall require to appear and
answer with the power of inflicting any punishment or mulct
according to the laws and customs aforesaid and to do and cause
justice to be done therein and also summarily and plainly to
proceed, the order of right being preserved or the sail lifted up
without noise, and the figure of judgment alone being made and the
truth of the thing inspected.
And I do further commit and by the tenor of those presents
grant you full power and authority to find correct punish and
chastize and inform all guilty persons imprisoned and all violators
and usurpers of the rights of the Court of Admiralty within this
Province, and all delinquent and contumaciously absenting sailors
mariners fishermen [f.3a] boatmen and other workmen having skill or
exercising maritime affairs, as well according to the aforesaid
civil and maritime laws - ordinances and customs aforesaid and
their deserts as also according to the statutes and ordinances of
the Kingdom of Great Britain in that part published and provided,
and then to imprison and cause to be imprisoned in any of the
prisons within the Province of Maryland or the maritime places
thereto belonging and such persons so imprisoned who ought to be
delivered therefrom to command and cause to be delivered and
altogether to be acquitted, discharged, and do hereby grant unto
you power and authority of promulgating or interposing all decrees
and sentences whatsoever and then to command to be executed
together with the cognizances and jurisdiction of all other causes
civil and maritime commenced or to be commenced or which any ways
concern or relate to the sea affairs or the transporting or passage
over the sea or any naval journey or maritime voyage or maritime
jurisdiction aforesaid also with the power of proceeding therein
according to the civil and maritime laws and customs aforesaid of
the High Court of Admiralty of Great Britain of old used as well of
mere office mixt or promoted as at the instance of any party as the
cause shall require and it shall seem expedient and do grant you
full authority to execute all and singular the premises in the
places aforesaid, and I do hereby appoint you the said George
Steuart my commissary in the said Province and Territories
aforesaid during pleasure, Hereby granting unto you the said George
Steuart all fees profits and advantages to the said office any ways
belonging, and I do hereby command all Justices of the Peace Mayors
Sheriffs keepers of goals and other officers and ministers within
this [f.3b] Province to be aiding and assisting to you as becometh
as they will answer the contrary at their peril. Given at the
City of Annapolis this 23rd day of July in the fourth year of the
Dominion of the Right Honorable the Lord Proprietary aforesaid Anno
Domini l754.
[THE GREAT SEAL]
I hereby certify that on the 24th day of July l754, before me
the subscriber one of his Lordships Provincial Justices -
personally appeared George Steuart Esquire who produced to me a
commission signed by his Excellency Horatio Sharpe Esquire
appointing him Judge of the Court of Admiralty in the Province of
Maryland and thereupon the said George Steuart before me took the
several oaths appointed by the Act of Assembly to be taken to the
Government repeated the test and subscribed the oath of abjuration
and test and also took an oath of office.
Jno. Brice
Richard Dorsey Register of this Court likewise produced his
commission which is also ordered to be entered and follows in these
words. Viz
Maryland SS
FREDERICK Absolute Lord and Proprietary of the Provinces of
Maryland and Avalon Lord Baron of Baltimore etc.
To Richard Dorsey of Ann Arundell County Gentleman
GREETING KNOW YE that we reposing great trust and confidence
in your cunning skill and knowledge in the art of clerkship have
therefore thought fit and by these [f.4a] presents do commissionate
authorize and appoint you the said Richard Dorsey to be Register of
the Court of Vice Admiralty within our said Province, and do hereby
grant unto you the said Richard Dorsey all such powers and
authoritys to ask demand take and receive all and singular such
lawful fees as to the said - office of Register belongeth or
appertaineth in as full and ample manner as any former Register of
the said Court hath or lawfully might enjoy and exercise the same
to have and to hold the said Office of Register of the Court of
Vice Admiralty during pleasure. Witness our trusty and well
beloved Horatio Sharpe, Esquire, Governor and Commander in Chief in
and over our said Province this l9th day of August in the fourth
year of our Dominion Anno Domini l754.
J. Ross C[ler]k Coun[ci]l
[THE GREAT SEAL]
On the back of the aforegoing commission is thus indorsed Viz
I do hereby certify that on the 20th day of August l754, the
within named Richard Dorsey personally appeared before me the
subscriber one of his Lordships Justices of the Provincial Court,
and took the several oaths appointed by Act of Assembly to be taken
to the Government, repeated the test and - subscribed the oath of
abjuration and test, and also took the oath of office.
George Steuart
George Johnson being appointed by his Honour the Judge
Marshall of this Court, thereupon takes the several oaths appointed
by Act of Assembly to be taken to the Government repeats the test
and subscribes the oath of abjuration and test, and also takes the
usual oath of office.
[f.4b]
Richard Norman, Thos. Barroll, ³ To the Honorable George
Joseph Curry, Roger Bond, Robt. ³ Stuart Esquire Commissary
Wilkins and Joseph Bourn ³ and Judge of the Court of
agt. ³ Vice Admiralty in the Pro-
Snow Hobbestone ³ vince of Maryland
Richard Norman Chief Mate of the Snow called the Hobbestone
John Wallicot Commander now lying at anchor in Chester River within
this Province, Thomas Barroll second mate, Joseph Curry carpenter,
Roger Bond boatswain, Robert Wilkins, Thomas Jenkins, and Joseph
Bourn, marriners belonging to the said Snow against the said Snow
her tackle furniture and apparrell do alledge and propound as
follows.
Imprimis. They do alledge and propound that by the marine law
every ship or vessel which shall alter or delay to proceed on the
voyage which the mariners on board her at the time of shipping
themselves had contracted to make, shall together with her tackle
apparrell and furniture be lyable and chargeable to pay to every
marriner shipt on board of her their wages for such time as the
said marriners respectively have continued on board the said ship
or vessel and done or been ready to do their duty.
Item. That the libellants were on the sixteenth day of January in
the year of our Lord seventeen hundred and fifty-three shipt at
Milford in Wales in Great Britain by the said John Wallicott
Commander on board the said Snow on a voyage from the said Milford
in Wales to Maryland and from thence back to Great Britain, and
that the said Snow sailed from Milford in Wales aforesaid to
Chester River in the Province of Maryland and there took in several
hogshead of tobacco but hath since unloaded the said tobacco and
desisted to proceed on the said voyage [f.5a] for which the
Libellants were shipt, and that there is due to the Libellants
respectively for their wages the several sums of sterling money
specified in the schedule hereunto annexed, and that the said Snow
or vessel is now in this Province in the possession of the said
John Wallicott the Commander who refuses and delays to pay to the
Libellants the several sums of sterling money respectively due to
them for wages. Therefore the Libellants pray that the said John
Wallicott the Commander now on board the said Snow may be cited to
appear before this Honourable Court and that the said Snow together
with her tackle apparrell and furniture be arrested and condemned
to pay the Libellants their said wages.
E. Dorsey Advocate per Libellants
A schedule of wages due to the sailors on board the Snow
Hobbestone.
Viz -
Sterling
To Rich. Norman Chief Mate for 10 months
at 50/sterling per month . . . . . . . . . . . .œ 45. 00. 00
To Thomas Barroll Second Mate for 10 months
at 30/sterling per month . . . . . . . . . . . . 27. 00. 00
To Joseph Curry Carpenter for 10 months
at 45/sterling . . . . . . . . . . . . . . . . 40. 10. 00
To Roger Bond Boatswain for 10 months
at 32/6 sterling . . . . . . . . . . . . . . . . 29. 05. 00
To Robert Wilkins Mariner for 10 months
at 30/sterling . . . . . . . . . . . . . . . . 27. 00.00
To Thomas Jenkins Mariner for 10 months
at 26/sterling . . . . . . . . . . . . . . . . . 23. 00. 00
To Joseph Bourn Mariner for 10 months
at 26/sterling . . . . . . . . . . . . . . . . . 23. 00. 00
Whereupon by order of his Honour the Judge the following
warrant issued. (Viz.)
Maryland SS
George Steuart, Judge of the Court of Vice Admiralty of the
Province of Maryland and the jurisdiction thereunto belonging. To
all and singular his Lordships the Right Honourable the Lord
Proprietarys Justices, Constables, Mayors,[f.5b] Bailiffs and other
of his Lordships officers within this Province but especially to
George Johnson Marshall of the same Court GREETING. You are
hereby required to arrest and take the body of John Wallicott
Commander of the Snow Hobbestone now riding at anchor in Chester
River in the Province aforesaid and cause him to appear at the said
Court of Admiralty to be held at the City of Annapolis on Friday
the 30th day of August instant to answer the libel and complaint of
Rich. Norman Chief Mate, Thomas Barroll Second Mate, Joseph Curry
Carpenter, Roger Bond Boatswain, Robert Wilkins, Thomas Jenkins and
Joseph Bourn Marriners against him in the said Court exhibited, and
also you are hereby commanded to secure the said Snow Hobbestone
until the said complainants are heard and paid the wages by them
libelled for if it shall appear to be due to them, hereof you are
not to fail as you will answer the contrary at your peril.
Witness myself this 20th day of August Anno Domini l754
(Edwd Dorsey)
Richd Dorsey Regr
of which warrant the Marshall of this Court now here at this day to
wit the 30th day of August Anno Domini l754 comes and makes
return endorst in these words. (Viz.)
In obedience to the within precept I have here the body of
John Wallicott Commander of the Snow called the Hobbestone and have
the said Snow in safe custody.
Geo. Johnson Marshal
Whereupon the said John Wallicott in his proper person
appeared and the Libellants by Edward Dorsey their Proctor also
appeared and the said John Wallicott files his answer to the libell
aforesaid which follows in these words,
The Answer of John Wallicott
[f.6a] Commander of the Snow Hobbestone now lying at anchor in
Chester River to the libell and complaint of Richard Norman Chief
Mate of the said Snow, Thomas Barroll Second Mate, Joseph Curry
Carpenter, Roger Bond Boatswain, Robert Wilkins, Thomas Jenkins,
and Joseph Bourn Marriners belonging to the said Snow.
This Respondent admits that the Libellants respectively were
shipt on the day in the said libell mentioned on the voyage in the
said libell specified, this Respondent further saith that Thomas
Benson Esq. of the county of Devonshire in Great Britain being
owner of the said vessell and not supplying this Respondent with
money to proceed on his voyage back to Great Britain, this
Respondent did dispose of some part of the tobacco purchased by
this Respondent for the owner to defray the expense of the said
ship, and for want of money this Respondent is utterly unable to
proceed with the said vessel on any voyage being entirely destitute
of credit. This Respondent admits that there is due to the
Libellant Richard Norman Chief Mate of the said vessel the sum of
forty two pounds ten shillings sterling for seventeen months wages
and not the sum of forty five pounds as in the libell is setforth,
and this Respondent also admits that there is due to each of the
other Libellants seventeen months wages from the said vessel at
such rate per month as in the schedule to the libell is set forth
and not eighteen months wages as in the libell charged, and this
Respondent further saith that before the filing of the libell in
this cause Roger Bond the boatswain died, and this Respondent saith
that he has credited all the Libellants in a private account with
himself but that he has paid no part of the wages of the Libellants
respectively with any money belonging to his owner, and this
Respondent humbly submits that such decree may be made against the
said Snow [f.6b] her tackle apparrell boats and furniture as to
this Honourable Court shall seem meet, without that that there is
any other matter in the Libellants said libell set forth not herein
answered unto confessed or avoided traversed or denied, all which
matters this Respondent is ready to answer and prove and prays to
be herein dismist with his reasonable costs and charges in this
behalf wrongfully sustained.
Jno. Wallicott
August the 30th, l754. Capt. John Wallicott the foregoing
Respondent deposeth on the holy Evangels of Almighty God that the
facts contained in the foregoing answer are true as therein set
forth.
Sworn to in open court.
Test Rich. Dorsey Register
Whereupon his Honour the Judge having heard all and singular
the premises and maturely deliberated thereupon his Honour the
Judge is pleased to decree and it is hereby DECREED this 30th day
of August Anno Domini l754 that the said Snow Hobbestone with her
guns tackle apparrell and furniture be condemnned and sold to
satisfie and pay the several persons following the several sums
hereafter mentioned (that is to say) To Richard Norman Chief Mate
forty two pounds ten shillings sterling, to Thomas Barroll Second
Mate twenty five pounds ten shillings sterling, to Joseph Curry
Carpenter thirty eight pounds five shillings, to Robert Wilkins
marriner twenty five pounds ten shillings sterling, to Thomas
Jenkins marriner twenty two pounds two shillings sterling and to
Joseph Bourn marriner twenty two pounds two shillings sterling, and
the costs of suit arising due in this cause [f.7a] to the several
officers acting therein.
Thereupon it is ordered that warrant issue directed to Capt.
Samuel Allen and Capt. James Hopkins and also to Robert Wood and
Wilkins ship carpenters impowering them or any two of them
(provided the one be a master of a ship and the other a ship
carpenter) to view and appraise the said Snow Hobbestone with her
guns tackle apparrell furniture and appurtenances and that warrant
also issue to the Worshipfull Boddingfield Hand and John Williamson
authorizing them or either of them to qualifie the appraisers when
able with all covenient speed which warrants were accordingly
issued.
Afterwards (to wit) on the 6th day of September Anno Domini
l754 the Marshall of this Court makes return of the warrant issued
to Messrs. Boddingfield Hand and John Williamson indorst in these
words (viz:)
September the 2. l754. I hereby certifie that Samuel Allyne
Commander of the ship Sharpe and Robert Wood ship carpenter made
oath before me the subscriber that they would well and truly
appraise the Snow or vessel called the Hobbestone whereof John
Wallicott was master with all her guns tackle apparrell and
furniture and appurtenances in current money of this Province so
far forth as the same shall be brought to their light to the best
of their knowledge.
before me
Jno. Williamson
And the Marshall likewise returns the following inventory.
INVENTORY and appraisement of the Snow Hobbeston Capt. John
Wallicott Commander with her cables anchors sails and stores of all
sorts as now on board said Snow this 2 September l754.
1 Sheet cable old about 9. 0. 0 at 15/ . . œ6. 15. 00
1 Best bowr ditto 7. 0. 0 at 25/ . . 15. 00
1 Small ditto 5. 0. 0 at 40/ . . 10. 00. 00
[f.7b]1 Sheet anchor 550œ at 25/ 50 Per Cent . 11. 13. 03
1 Best bower 500 ditto . . . . 10. 14. 00
1 Small ditto 300 do . . . . 5. 12. 00
1 Main sail old 90 yds. at 15 . . . . 5. 10. 00
1 Fore sail ditto 75 do . . . . 4. 10. 00
1 Main top sail half worn . . . . 5. 00. 00
1 Fore top sail new 70 yds 2/6 . . . . 10. 00
1 Trysail old . . . . . . . . . . . . . . . . . 2. 00. 00
1 p[iece] new hawser . . . . . . . . . . . . . 5. 00. 00
1 Gun about . . 2.0.0. & Carriage . . . . . . . 2. 10. 00
3 Compasses . . . at 5/. . . . . . . . . . . . . 15. 00
1 Copper kettle . . . . . . . . . . . . . . . . 1. 00. 00
1 Parcel old water cask . . . . . . . . . . . . 1. 10. 00
1 Doz. point and casketts . . . . . . . . . . . 05. 00
4 Spare chain plates and bolts . . . . . . . . . 2. 00. 00
6 Spare futtock plates . . . . . . . . . . . . . 1. 00. 00
1 Ditto Backstay . . . . . . . . . . . . . . . . 05. 00
4 Scrapers 1 parcel spun Yarn. . . . . . . . . . 1. 00. 00
3 Setts pump bolts 4 pump spears 2 do. hoops . . 4. 00. 00
1 Drift bolt 3 marlin spikes . . . . . . . . . . 10. 00
a Parcel spare blocks . . . . . . . . . . . . . 2. 00. 00
3 half hour glasses . . . . . . . . . . . . . . 03. 00
1-1/2 Watch and 4 half minitt do . . . . . . . . 03. 00
4 Musketts . . . . . . . . . . . . . . . . . . 1. 00. 00
2 Cutlasses. . . . . . . . . . . . . . . . . . . 05. 00
1 pair pistols . . . . . . . . . . . . . . . . . 05. 00
1 Grindstone . . . . . . . . . . . . . . . . . . 05. 00
1 Caboos . . . . . . . . . . . . . . . . . . . . 05. 00
1 Lanthorn . . . . . . . . . . . . . . . . . . . 03. 00
Two new coats for the masts. . . . . . . . . . . 07. 06
1 Long boat & oars . . . . . . . . . . . . . . . 00. 00
1 Old ensign . . . . . . . . . . . . . . . . . . 02. 00
The Snow Hobbeston with her standing and running
riging as she now is . . . . . . . . . . . . . œ 75. 00. 00
œ106. 14. 00
We the subscribers being appointed by a warrant from the
Honorable George Steuart Judge of the Vice Court of Admiralty
for the Province of Maryland to appraise the Snow Hubbeston John
Wallicott Commander with her riging sails stores etc. We have
according to the said warrant viewed said Snow with her
furniture and to adjudge the foregoing appraisment to be the
true value of her and stores according to the best of our
knowledge.
Saml. Allyne
Robt. Wood
WHEREUPON it is ordered by the Judge here judicially in
Court sitting that notice be given by an advertizement to be
inserted in the Maryland Gazette and likewise advertizements to
be affixed at the most publick places within this Province that
the said Snow Hobbestone with her tackle apparrell and furniture
(being condemned for the payment of marriners wages and costs of
suit) would be exposed to sale by the Marshall of this Court at
the City of Annapolis on the second day of the next Provincial
Court at the court house at five o'clock in the afternoon to the
best bidder, and that any person or persons inclining to
purchase the said vessel may on application to Thomas Walcope of
Chester Town in Kent County view the said vessel with her tackle
etc. which was accordingly done.
And now here at this day (to wit) the 13th day of November
Anno Domini l754 before his Honour the Judge here in Court
judicially sitting came the libellants by their Proctor
aforesaid and the Marshal of the Court makes the following
return
Viz
To the Honourable George Steuart Esquire Judge of the Court
of Vice Admiralty.
I hereby certifie that by virtue of the power given me by
your Honour, I as Marshall of the Court aforesaid [f.8b] On the
second day of the last Provincial Court (being the l7th day of
October l754) at five o'clock in the afternoon at the Court
house in the City of Annapolis expose to publick sale the Snow
Hobbestone with all her tackle apparrell and furniture which
were set up at one hundred and eighty six pounds fourteen
shillings current money of Maryland according to your Honours
Order, directing also that none should bid less than the sum
above mentioned nor less than five pounds current money each
time of bidding, but no bidders offering at the price mentioned
I desisted from any further proceeding therein, waiting your
Honours further Orders.
So Answers
November 12th l754 Geo. Johnson, Marshall
Which being read it is Ordered that new advertizements be
again made out and affixed at the Court house in the City of
Annapolis, at Queen Ann's County Court house, at the Court house
in Kent County and at the other most publick places in Queen
Ann's and Kent County thereby giving notice that the said Snow
Hobbestone with her tackle apparrell and furniture as
aforementioned will be again exposed to publick sale on
Wednesday the twentieth day of this instant at the house of Mr.
Walter Dougherty in Chester Town at four o'clock in the
afternoon and set up at one hundred and eighty six pounds
fourteen shillings current money and none to be less than the
sum she is set up at nor less than twenty shillings advance at
each time of bidding. Seven of which advertizements were made
out and set up accordingly.
And now here at this day (to wit) the 11th day of December
Anno Domini l754 before his Honour the Judge now in Court
judicially siting came the Libellants aforesaid by their Proctor
aforesaid and thereupon the Marshall makes the following return
viz.
To the Honorurable George Steuart Esquire Judge of [f.9a]
the Court of Vice Admiralty.
I hereby certifie that by virtue of the power given me by
your Honour I as Marshal of the Court aforesaid on the 20th day
of November l754 at five o'clock in the afternoon at Chester
Town exposed to publick sale the Snow Hobbestone with all her
tackle apparrell and furniture which were set up at œ186.14.00
current money of Maryland according to your Honors order
directing also that none should bid less than the sum above
mentioned nor less than twenty shillings current money each time
of biding, But no biders offering at the price mentioned I
desisted from any further proceeding therein waiting your
Honours further orders.
So Answers.
George Johnson, Marshal
Which being read it is ordered that an advertizement be
made out and affixed at the Court house in the City of Annapolis
thereby giving notice that the said Snow Hobbestone with her
tackle apparrell and furniture will be again exposed to publick
sale on Tuesday the l7th day of December instant at the house of
Charles Wallace in the City of Annapolis at four o'clock in the
afternoon and set up at one hundred and thirty pounds current
money of Maryland and no person to bid less than the sum she is
set up at nor less than twenty shillings current money advance
at each time of biding. Which advertizement was made out and
set up accordingly.
And now here at this day (to wit) the l6th day of January
Anno Domini l755 before his Honour the Judge now in Court
judicially sitting came the Libellants by their Proctor
aforesaid.
And the Marshall makes the following return (Viz:)
To the Honourable George Steuart Esquire Judge of the Court
of Vice Admiralty for the Province of Maryland.
I humbly certifie that by virtue of your Honours [f.9b]
Order of the 11th day of December last judicially in Court
sitting on Tuesday the l7th day of the same month of December at
the house of Charles Wallace in the City of Annapolis at four
o'clock in the afternoon I exposed to publick sale the Snow
Hobbestone with all her tackle apparrell and furniture as
comprized in an inventory thereof then produced, at one hundred
and thirty pounds current money of Maryland and directed
according to your Honours order that no person should bid less
than twenty shillings current money advanced at each time of
biding, whereupon Mr. Robert Swan of the City aforesaid merchant
having bid the sum of one hundred and thirty seven pounds
current money of Maryland for the said Snow with all her tackle
apparrell and furniture as aforementioned and no person biding
more I accordingly sold the said Snow with all her tackle
apparrell and furniture to the said Robert Swan who is here
ready in Court to deposite the purchase money in such manner as
to your Honour shall seem meet.
So Answers
January the l6th l755 Geo. Johnson Marshal
Whereupon came Robert Swan of the City of Annapolis
merchant into open Court and deposits the sum of one hundred and
thirty seven pounds current money being the purchase money
aforesaid which his Honour the Judge receives accordingly, and
for that it seems to his Honour the Judge here that the purchase
as aforesaid made by the said Robert Swan has been done in the
most regular and open manner as might be, he is therefore
pleased to Order and it is hereby Ordered and Adjudged by his
Honour the Judge here that the said Snow Hobbestone with her
tackle apparrell and furniture as aforementioned are now the
right and property of the said [f.10a] Robert Swan his heirs
executors administrators and assigns by virtue of the decree and
sale aforesaid and that he or they take the said Snow Hobbestone
with her tackle apparrell and furniture as aforementioned into
his or their possession and do therewith as to him or them shall
seem meet.
[f.10b] Blank
[f.11a]Maryland SS
At a Court of Vice Admiralty held at the City of Annapolis
in the Province aforesaid, on Friday the 8th day of November in
the 20th year of the reign of our sovereign lord King George the
Second and in the 4th year of the dominion of the Right
Honorable Frederick Absolute Lord and Proprietary of the
Provinces of Maryland and Avalon Lord Baron of Baltimore etc.
Anno Domini l754.
Present
The Honorable George Steuart Esquire Judge
George Johnson, Marshal Rich. Dorsey Register
Was preferred the following petition, Viz:
To the Honorable George Steuart Esquire Judge of the Court
of Vice Admiralty in the Province of Maryland.
The petition of John Clarkson Commander of the late
Brigantine Swan whereof the said John Clarkson was Commander.
Humbly showeth.
That your Petitioner together with Robert Foster did
petition Benjamin Young Esquire late Judge of the said Court
that the said Robert Foster agent for John Hunt of London
merchant might have the money arising from the sale of the
remains of the said Brigantine and furniture and cargo lodged in
his the said Robert Fosters hands, which petition was granted
provided the said Robert Foster would give security to apply the
said money to the use of the insurers or any other person
interested or in any wise concerned in the property thereof
[f.11b] after having discharged the several fees and charges
that had and mighty necessarily accrue concerning the premises.
Your Petitioner Further Showeth. That the said Robert
Foster is removed out of this Province without taking the money
aforesaid into his hands or giving the security required by the
Order above mentioned. Therefore your Petitioner humbly craves
that he may have the money lodged in his (your Petitioners)
hands upon giving security to apply the same as directed by the
said Order. And your Petitioner will pray etc.
Jno. Clarkson
Which was read and granted upon proof being made as to the
fact of the said Robert Foster's removal out of this Province.
Whereupon his Honor the Judge proceeds to take the
following deposition and affirmation (Viz)
John Clarkson being duly sworn on the holy Evangels of
Almighty God deposeth and saith, That he has been credibly
informed and verily believes that Robert Foster the person
mentioned in his this deponents petition is removed from this
Province to Philadelphia in order to embark from thence for
England.
Jno. Clarkson
Sworn to in open Court this 8th November l754.
Test Richard Dorsey Register
Jacob Giles of Baltimore County merchant (being one of the
people called Quakers) on his solemn affirmation declares. That
he hath heard from several credible persons [f.12a] and verily
believes that Robert Foster one of the persons mentioned in the
petition of John Clarkson is removed from Maryland to
Philadelphia with an intent to go from thence for England.
Affirmed to in open Court this 8th
November l754 Jacob Giles
Test Rich. Dorsey Register
Thereupon it is on the day and year last mentioned (to wit)
the 8th day of November 1754. Ordered by his Honor the Judge
here in Court judicially sitting, that the money which did arise
from the sale of the remains of the said Brigantine Swan
together with her furniture and cargo, be lodged in the hands of
John Clarkson the Petitioner upon his giving security to apply
the same to the use of the insurers and all persons interested
or in any wise concerned in the property thereof after having
discharged the several fees and charges that have accrued and
may necessarily accrue concerning the premises.
And thereupon the said John Clarkson enters into bond with
Jacob Giles of Baltimore County merchant his security (who is
approved of by his Honour the Judge here) the form of which bond
follows in those words and figures (Viz)
Maryland SS KNOW all men by these presents that we John
Clarkson marriner and Jacob Giles of Baltimore County merchant
are held and firmly bound unto George Steuart Esquire Judge of
the Court of Vice Admiralty in the Province aforesaid in the
full and just sum of Eight Hundred and Eight Pounds four
shillings and eleven pence sterling money of great Britain to be
paid to the said George Steuart Esquire Judge as aforesaid or
his successors, to which payment well and truly to be made and
done we bind ourselves and each of us our and each of our
[f.12b] heirs executors and administrators in the whole and for
the whole jointly and severally firmly by these presents, seal
with our seals and dated this 8th day of November Anno Domini
l754.
Whereas the above bond John Clarkson on his Petition hath
been allowed to take into his hands the money which did arise
from the sale of the remains of the late Brigantine Swan
together with her furniture and cargo. Now the condition of the
above obligation is such that if the above named John Clarkson
shall well and truly pay unto the insurers and all persons
interested or in any manner concerned in the property of the
said Brigantine furniture and cargo, all the money which did
arise from the sale of the said Brigantine furniture and cargo,
after having discharged the several charges and fees which have
accrued and may necessarily accrue concerning the same, that
then the above obligation to be void otherwise to be and remain
in full force and virtue
Sealed and delivered
in presence of Jno. Clarkson (Seals)
Richd Dorsey
Beale Nicholson Jacob Giles (Seals)
On the 27th day of October l755. The following discharge
was exhibited and ordered to be recorded.
By this public instrument be it known unto all men that on
this day the thirty first of March in the year of our Lord One
Thousand Seven hundred and fifty five, before me Richard Parker
Notary Publick dwelling in London duly admitted and sworn and
witnesses personally came [f.13a] and appeared John Clarkson
mariner late master and William Kitchingman of Whitby in the
County of York merchant late the owner of the Brigantine Swan
who declared that the said Brigantine Swan then commanded by the
said John Clarkson being on the Twenty first day of July in the
year of our Lord One Hundred Seven hundred fifty three lying at
Swan Creek in Baltimore County in the Province of Maryland in
America - taking in a loading of tobacco in order to proceed
therewith to - the Port of London thereby some accident took
fire and was burnt down to the lower whale and that thereupon
the said John Clarkson and Robert Foster then of Maryland
merchant (agent for John Hunt of London merchant to whom the
said Brigantine was chartered for that voyage) joined in a
petition to Benjamin Young Esq. the Hon. Judge of the Court of
Vice Admiralty in the said Province praying that such part of
the said vessell and her cargo as was saved from the fire might
be appraised and sold for the benefit of all parties interested
therein and that the money arising by such sale might be
deposited in the hands of the said Robert Foster upon his giving
proper security to apply the same accordingly that the said
Judge according to the prayer of the said Petitioners did on the
twenty sixth day of the said month of July one thousand seven
hundred and fifty three direct an appraisement of the said
vessell her furniture and cargoe to be taken and that the same
after proper publick notice given should be sold by the Marshal
of the said Court to the best bidder and the money arising by
such sale should be lodged in the hands of the said Robert
Foster on his giving security to apply the same to the use of
the parties interested therein after deducting the fees and
charges attending the same, That an inventory and appraisement
was accordingly made of the said vessell and her cargoe by the
persons named in the said petition or some of them and so
returned to the said Court [f.13b] of Vice Admiralty on or about
the tenth day of August in the same year one thousand and seven
hundred and fifty three and on the thirteenth day of the same
month of August the said Brigantine Swan with all her tackle
apparrell and furniture and all materials to her belonging was
in pursuance of the said Order of the said Court sold to Jacob
Giles and Company for the sum of four hundred pounds sterling
money of Great Britain. That on the eighth day of November in
the year of our Lord one thousand seven hundred and fifty four
the said John Clarkson presented his petition to George Steuart
Esq. the Judge of the said Court of Vice Admiralty in the said
Province setting forth that part of the before mentioned Order
of the said former Judge which directs that the money arising by
sale of the remains of the said vessell and her cargoe should be
lodged in the hands of the said Robert Foster on his giving
security as is therein directed and further setting forth that
the said Robert Foster was removed from the said Province
without having taken the said money into his hands or given such
security and therefore praying that the same might be lodged in
the hands of the said John Clarkson on his giving the like
security, the prayer of which Petition was accordingly on the
same day granted by the said Judge on sufficient proof being at
the same time made that the said Robert Foster was then removed
from Maryland to Pensilvania with an intent to embark from
thence for England. That thereupon the said John Clarkson
together with Jacob Giles of Baltimore County merchant did on
the same [f.14a] eighth day of November one thousand seven
hundred and fifty four enter into and execute a certain bond or
obligation whereby they did become jointly and severally bound
to the said George Steuart Judge of the said Court of Vice
Admiralty in eight hundred and eight pounds four shillings and
eleven pence sterling money of Great Britain with condition
thereunder written that if the said John Clarkson should pay to
the insurers and all persons interested or in any manner
concerned in the property of the said Brigantine her furniture
and cargo all the money which did arise by the sale of the said
Brigantine furniture and cargo after having discharged the
several charges and fees that had accrued and might necessarily
accrue concerning the same that then the said obligation should
be void as may more fully appear by the said several proceedings
of the said Court of Vice Admiralty remaining of record in the
same Court and the said appeasers did further declare that they
have this day come to an entire settlement of all amounts
between them relating to the sale of the said Brigantine her
tackle furniture and apparrel and the purchase money given by
the said Jacob Giles and Company for the same of which (after
deducting all the charges of salvage seamens wages fees and all
other expenses whatsoever relating thereto) there remains justly
due and owing from the said John Clarkson to the said William
Kitchingman the sum of one hundred and seventy two pounds nine
shillings and seven pence lawfull money of Great Britain and
therefore the said William Kitchingman in consideration of the
said sum of one hundred and seventy six pounds nine shillings
and seven pence to him now before the ensealing and delivery of
these presents in hand paid by the said John Clarkson the
receipt whereof he doth hereby acknowledge and thereof and of
and from every [f.14b] part thereof doth accordingly release and
discharge the said John Clarkson by these presents hath released
and forever quit claimed and by these presents doth for himself
his heirs executors and administrators fully and absolutely
remise release and quit claimed unto the said John Clarkson his
heirs executors and administrators all actions suits claims and
demands whatsoever which he the said William Kitchingman hath or
ever had or which he his heirs executors or administrators could
or might challenge claimed or demand against him the said John
Clarkson for or on account of the said sum of four hundred
pounds purchase money paid by the said Jacob Giles and Company
for the said Brigantine her furniture apparel and appurtenances
or for or on any other account whatsoever said only and except
as to any debts or sums of money which may be due or owing on
account of the said Brigantine in Maryland which (if any such
there be) and to be paid by the said John Clarkson. And he the
said William Kitchingman so far as relates to himself as sole
owner of the said Brigantine her furniture and appurtenances
doth covenant and agree that the said bond so entered into by
the said John Clarkson and Jacob Giles to the Judge of the said
Court of Vice Admiralty as aforesaid be cancelled and discharged
on satisfaction entered on the records thereof or that such
other steps may be taken in relation thereto as may be
sufficient for vacating the same and the said William
Kitchingman doth also declare that he hath received from the
said John Clarkson the sum of thirty nine pounds three shillings
and nine pence (which [f.15a] is included in the said sum of one
hundred and seventy six pounds nine shillings and seven pence)
being so much of the wages of seamen on board the said
Brigantine as remain now unpaid from the payment whereof the
said William Kitchingman shall and will at all times hereafter
indemnifie and save harmless the said John Clarkson and the said
William Kitchingman for the considerations aforesaid doth hereby
yield and give up unto the said Jacob Giles and Company the
purchasers of the said Brigantine and all other persons interest
or concerned therein all his right title and interest in and to
the said Brigantine her tackle furniture ammunition apparrel and
appurtenances and doth hereby agree that the same shall from
hence forth forever hereafter remain be and continue unto
themselves and absolutely discharged from all demands for
seamens wages and all other demands charges and incumbrances
whatsoever accrued or made previous to the time of the said
Brigantines being burnt as aforesaid and he the said John
Clarkson doth hereby agree that he will discharge any demands
(if any such there shall be) that may be made against the said
Brigantine or against the said William Kitchingman on account of
her by any person or persons in the said Province of Maryland
and at all times indemnifie the said William Kitchingman
therefrom. And the said John Clarkson doth also by these
presents for himself his heirs executors and administrators
remise release and quit claime unto the said William Kitchingman
his heirs executors and administrators all and all [f.15b]
manner of actions suits claims and demands whatsoever which he
hath or ever had or which he his heirs executors and
administrators might or may have challenge claimed or demand
against the said William Kitchingman his heirs executors and
administrators on any account whatsoever proceeding the date of
these presents except only as to the said sum of thirty nine
pounds three shillings and nine pence the unpaid seamens wages
from which the said William Kitchingman is to indemnify him as
aforesaid.
In Witness whereof the said William Kitchingman and John
Clarkson in presence of me the said Notary and of the witnesses
hereunto subscribed have hereunto respectively set their hands
and seals and I the said Notary have hereunto also subscribed my
name and affixed my Notarial Seal the said 3lst day of March
1755
Sealed and delivered (being first
duly stamped) in presence of
Samuel Taylor Jno. Clarkson (Seal)
Wm Baker Wm Kitchingman (Seal)
(SEAL) Thus done and passed in London aforesaid in presence of
Samuel Taylor and William Baker the witness
above subscribed --
In testimony of the truth
Richard Parker, Notary Public
On the back of the aforegoing discharge is there indorst (Viz)
Received the day and year within written from the )
within named John Clarkson by the hands of Messrs.)
Amos Ganoff and Comptroller the sum of one )
hundred seventy six pounds nine shillings and ) œ176. 00. 00
seven pence consideration money within mentioned )
to be paid to me )
Witness Richard Parker, Wm. Baker Wm. Kitchingman
[f.16a] Blank
[f.16b] Maryland SS
Horatio Sharpe Esquire Governor and Commander in Chief in
and over the Province of Maryland and Admiral thereof---To
George Steuart Esquire of the City of Annapolis Greeting, out of
the especial trust and confidence I have in your fidelity
integrity circumspection and knowledge I do hereby authorize and
impower you to take cognizance of and proceed to hear and
determine all causes civil and maritime and all plaints
contracts offenses or crimes so accounted pleas debts exchanges
assurances accounts charter parties agreements and writings
concerning the lading of ships and vessells and in all other
business and contracts which concern mariners for their ships
convoys and freight or mariners wages or in any wise thereto
relating so suits trespasses injurys extortions and demands and
all civil and maritime matters whatsoever between merchants or
between masters and owners of ships or other vessels and
merchants or other persons whatsoever, with the said masters or
owners of ships and all other vessels whatsoever occupied or
used or between any other persons whatsoever had made, commenced
or contracted for anything matter or cause or business [f.17a]
whatsoever as well as in or upon or through the sea the publick
streams ports fresh waters rivers creeks or places overflowed
with water, whatsoever within the flux and reflux of the sea and
water to highwater mark as upon the shores or banks whatsoever
to them, or any of them adjacent, expedited or to be expedited
together with all and singular their incidents emergencies and
causes whatsoever annexed and connexed, or in what manner soever
the causes plaints and other the premises aforesaid or any of
them may happen to arise to be transacted drawn or made
according to the civil and maritime laws of the High Court of
Admiralty of Great Britain (within this Province and the
Territories to the same belonging and also in any of the city's
towns or places in the aforesaid Province for the like causes
and matters to sit hear and determine therein according to
justice and judicially and lawfully to proceed together with all
and singular their incidents emergencies dependencies and causes
annexed or connexed whatsoever; and furthermore to compell
witnesses (if for goodwill hatred favour or fear or for any
other causes whatsoever they shall withdraw themselves) to give
their testimony to the truth in all or any of the like causes
according as right requireth, and furthermore to take all
recognizances, obligations sureties and stipulations as well on
the part or instance or any person whatsoever for any contracts
debts or other matters causes or business whatsoever, and then
put in execution and cause or command them to be executed, and
also duly to enquire of and take into your custody all and
singular the goods of traitors pyrats manslayers felons,
fugitives and felos de se, and of all bodies and persons drowned
slain or anywise coming to their death in the sea ports rivers
publick streams or creeks and places whatsoever overflown; and
of maihm happening in any of the places aforesaid, and of all
unlawful and forbidden engines and netts and of the occupiers
and users thereof and of all royal fish viz. whales sharks
grampuses dolphins, sturgeons and all other great large [f.17b]
fish whatsoever to the Right Honorable the Lord Proprietary of
this Province belonging in right of his Admiralty thereof, and
also of and upon all goods lost on the sea wrecks flotsoms
jetsons lagens shoars cast upon the sea and wrecks of the sea
and goods had or accounted to be forfeited by any chance or
fortune found or to be found and of all trespasses faults
offences enormities and crimes maritime whatsoever as well upon
the high sea as in or upon all and any of the ports rivers fresh
waters and creeks or sea shores and to the height of the water
from any the first bridges towards the sea in and through this
Province howsoever belonging to the maritime coasts thereof
whensoever and howsoever coming and happening committed and done
or to be perpetrated and committed discovered and found, and to
tax moderate exact collect and levie all fines mulcts
Amerciaments and compositions whatsoever in the part due or to
be due and them lawfully to command and compel to be collected
and paid, and also to proceed in all and singular the matters
aforesaid and in all other causes contempts and offences
whatsoever and howsoever contracted or if so be the goods or
persons of the offenders shall be found within the jurisdiction
of the Court of Admiralty within this Province according to the
laws civil and maritime and customs of old used in his majestys
High Court of Admiralty of Great Britain and by such other
lawfull ways manner and means as you may better know and can
proceed and such causes and contracts to hear examine discuss
and finally determine, saving nevertheless the right of
appealing and also to arrest command and cause to be arrested
the ships persons effects goods wares and merchandizes
whatsoever for the premises and for any of them or other causes
whatsoever concerning them in what places soever within the
Province of Maryland aforesaid or the territories thereof they
shall happen to be or be found in or without the liberties and
to compel all persons whatsoever in that [f.18a] part as the
case shall require to appear and answer with the power of
inflicting any punishment or mulct according to the law and
customs aforesaid and to do and to cause justice to be done
therein and also summarilly and plainly to proceed the Order of
Right being preserved or the sail lifted up without noise and
the figure of judgment alone being made and the truth of the
thing inspected.
And I do further commit and by the tenor of these presents
grant you full power and authority to fine correct punish and
chastize and reform all guilty persons imprisoned and all
violators and usurpers of the Rights of the Court of Admiralty
within this Province and all delinquents and contumaciously
absenting sailors mariners fishermen boatmen and other workmen
having skill on exercising maritime affairs as well according to
the aforesaid Civil and maritime laws ordinances and customs
aforesaid and their deserts as also according to the statutes
and ordinances of the Kingdom of Great Britain in that part
published and provided and then to imprison and cause to be
imprisoned in any of the prisons within the Province of Maryland
or the maritime places thereto belonging and such persons so
imprisoned who ought to be delivered therefrom to command and
cause to be delivered and altogether to be acquitted and
discharged and do hereby grant unto you power and authority of
promulgating or interposing all decrees and sentences whatsoever
and then to command to be executed together with the cognizance
and jurisdiction of all other causes civil and maritime,
commenced or to be commenced or which any ways concern or
related to the sea affairs or the transporting or passage over
the sea or any naval journey or maritime voyage or maritime
jurisdiction aforesaid also with the power of proceeding therein
according to the civil and maritime laws and customs aforesaid
of the High Court of Admiralty of Great Britain of old used as
well of mere office mixt or promoted as at the instance of any
party as the case shall require and it shall seem expedient and
do grant you full authority to execute all and singular the
premises in the places aforesaid expressed and do hereby appoint
you the said George Steuart my commission to the [f.18b] said
Province and Territories aforesaid during pleasure hereby
granting unto you the said George Steuart all fees proffits and
advantages to the said offices any ways belonging and I do
hereby command all justices of the peace mayors sheriffs keepers
of goals and other officers and ministers within this Province
to be aiding and assisting to you as becometh as they will
answer the contrary at their peril given at the City of
Annapolis this 25th day of October in the tenth year of the
dominion of the Right Honourable the Lord Proprietary Sc.
Annoque Domini 1760.
(THE GREAT)
(SEAL IN WAX)
(APPENDANT)
I hereby certify that on the nineteenth day of November
1760 before me the subscriber one of his Lordships Provincial
Justices personally appeared George Steuart Esquire who produced
to me a commission signed by his Excellency Horatio Sharpe
Esquire appointing him Judge of the Court of Admiralty in the
Province of Maryland and thereupon the said George Steuart
before me took the several oaths by Act of Assembly appointed to
be taken to the Government repeated the Test and subscribed the
oath of abjuration and test and also took an oath of office and
also the oath appointed by the Inspection Law.
Jno. Brice
[f.19a] Blank
[f.19b] Blank
[f.20a] Maryland SS
At a Court of Vice Admiralty held at the City of Annapolis
in the Province aforesaid on Wednesday the Eighteenth day of
November in the second year of the reign of our Sovereign Lord
King George the Third and in the eleventh year of the dominion
of the Right Honourable Frederick Absolute Lord and Proprietary
of the Provinces of Maryland and Avalon Lord Baron of Baltimore
etc. Annoq Dom: 1761.
Present
The Hon:ble George Steuart Esq. Judge.
Jonas Green Marshal. B. Nicholson Reg. the Register
and Marshal qualify themselves as such they respectively taking
the several oaths appointed by Act of Assembly to be taken to
the government repeating the test, and subscribing the oath of
abjuration and the test.
Was preferred the petition of Francis French - mariner
master of the Schooner Resolution of Guadaloupe - which follows
in these words. Viz.
To the Honourable George Steuart Esquire
Judge of the Court of Vice Admiralty for the
Province of Maryland.
The humble petition of Francis French mariner sheweth
That he is Captain of the Schooner Resolution of and from
Guadaloupe now lying at the Port of Annapolis in the Province
aforesaid the owners whereof are Messrs. Carroll and Dunroach -
That the said [f.20b] Schooner being loaded up the Bay in
Patapscoe River with bread, flower and slaves by Mr. Charles
Croxall of Baltimore County Gentleman to whom she was consigned
on the fourteenth day of October last past broke ground and
proceeded down the river to Fell's Point where she struck ground
and as your Petitioner believes broke some of her timbers, which
occasioned her springing a leak so that one pump was kept
constantly working and yet not sufficient to keep her clear.
After pumping some time your Petitioner finding upon examination
thirty inches water in the hold was induced for safety of
himself, vessel cargo and mariners to put in at the Port of
Annapolis aforesaid to refitt. And your Petitioner further
sheweth that having taken great part of the cargo out of said
vessel and searching her bottom to stop the leak aforesaid he
found her much worm eaten and otherwise damaged so as in his
opinion to be unfitt for performing her intended voyage.
And your Petitioner further sheweth that he hath made
protest touching the matters aforesaid before a Notary Publick
as by his certificate thereof under seal may more fully appear.
Your Petitioner therefore prays your Honour to take the
matters aforesaid into consideration and order the usual process
to issue against the said Schooner Resolution and that skilfull
persons may be appointed to view and examine her state and
condition together with that of her tackle apparel and furniture
and if unfitt for her said voyage that she may be condemned so
that all persons concerned may have their interest in said
vessel secured and your Petitioners conduct made, to appear in
a fair and just point of light.
And your Petitioners as in duty bound will pray Viz
The protest aforesaid referred to in the aforegoing
petition follows in these words. Viz.
[f.21a]
(Ann Arundel) By this publick instrument of protest be it
(County Seals) known to all persons to whom these presents
(place ) shall come or may concern that on the
duty paid seventeeth day of October in the year of our
Jno. Brice Clk Lord seventeen hundred and sixty one before
me John Brice Deputy Notary Publick constituted and appointed by
the Honourable Daniel Dulany Esquire Deputy Secretary and Notary
Publick within the Province of Maryland by legal authority duly
admitted and sworn dwelling at the City of Annapolis in the
Province aforesaid personally appeared Francis French Master of
the Schooner Resolution of and from Guadaloupe loaden with bread
flour and slaves Messrs. Carroll and Dunroach owners who prayed
protest might be made on the occasion hereafter mentioned and
thereupon the said Francis French together with George Tobine
mate of the said Schooner and John Jones a passenger in the same
being duly sworn on the Holy Evangels of Almighty God depose and
say that on the fourteenth day of this instant October being in
the said Schooner in Patapscoe River at Baltimore in the
Province aforesaid and having a pilot one James Ross on board
they broke ground in order to proceed on their voyage to
Guadaloupe aforesaid and proceeded down the river as far as
Fells Point where she run a ground which occasioned the said
Schooner to spring a leak so that they were obliged to keep one
pump constantly working and after half an hours constantly
pumping they examined the pump and found thirty inches water in
the hold which obliged them to call at Annapolis and take out
their cargo in order to stop the leak and that they are
apprehensive some [f.21b] damage may have happened to the cargo
of bread and flour but whether any has happened or not they cant
tell and further say not.
Wherefore I the said Deputy Notary at the request aforesaid
do hereby solemnly protest against the said pilot, ground, and
water aforesaid for all costs losses damages and interest
already had suffered and sustained or hereafter to be had
suffered and sustained by the said Francis French his owners and
all others with them concerned for or by reason or on occasion
of the premisses to be recovered at time and place convenient.
This done and protested for the satisfaction and
information of all persons concerned and for the indemnifying
and saving harmless the said Fras. French and his mariners and
all others concerned in the management of the said Schooner.
In testimony whereof I have hereunto set
(SEAL) my hand and affixed the usual Seal of Office
the day and year first above written.
Frs. French Jn Brice Dept. Noty. Publ.
Geo. Tobyne
Jno. Jones.
Which aforegoing Petition being read and heard the same is
granted and warrant ordered to issue to Robert Bryce and Edward
White mariners and masters of vessels, John Carty and Edward
Stevens ship builders and impowering them to inspect into the
true state and condition of the Schooner aforesaid together with
her tackle apparel and furniture (they having first taken an
oath before the Honorable Judge well and truly so to do) and
thereof to make report to the Judge of this Court returnable as
soon as might be.
Which warrant issued accordingly
[f.22a] And now here at this day to wit the twentieth day of
November Anno Dom. l761, the aforesaid Robert Bruce Edward White
John Carty and Edward Stevens in pursuance of the warrant
aforesaid to them directed make return thereof with the
following report Viz.
In obedience to your commands we the subscribs. have
surveyed the Schooner Resolution with her sails tackle &
furniture and they are in the condition following Viz.
Her hull worm eat on each side of the keel ten feet up.
Deck and upper work, ordinary.
The stern post worm eat very much.
The stern in the same condition.
The keel not examined but we suppose is in the same
condition.
The frame in general as the two master builders say is in
good condition.
Both masts, bowsprite & boom, good.
Ground tackling, 2/3rds wore.
Standing & running rigging in the same condition.
Main sail better than 1/2 wore
Fore sail 2/3ds wore
Jibb 1/2 wore
Fore stay sail very bad fitt for parcelling
Flying jibb, square top sail, the same
Topmast steering sail, oznabriggs 1/3 wore.
Main topmast stay sail fitt for parcelling
Square sail fit for ditto
The above is a just state and condition of the Schooner
Resolution by which means we all think her unfit to proceed upon
her intended voyage.
Annapolis November Robert Bryce
20th 1761 Edward White
To George Steuart Esq. Edward Stevens
Judge of the Court John Carty
of Vice Admiralty in
Maryland
[f.22b] And now here at this day to wit the twenty first of
November Anno Dom. l76l. The Honourable Judge upon duly
considering the report made by the persons appointed to inspect
into the state and condition of the Schooner Resolution and
having thought proper to call upon Mr. Charles Croxall agent for
Messrs. Carroll & Dunroach owners of the said vessel to know
whether he would be at the expence of refitting aforesaid vessel
and putting her in condition to proceed to sea, who being
present here in Court refused so to do, believing it not to be
for the interest of those concerned in the property of said
vessel. Therefore the said Judge doth Order Sentence and Decree
and it is hereby Ordered Sentenced and Decreed that the said
Schooner or vessel called The Resolution with her tackle apparel
& furniture be condemned and sold for the interest and benefit
of those having property in her and to defray the charges costs
and fees that have accrued or shall become due to the officers
of this Court in this behalf.
And it is Ordered that warrants issue to Capt. Robert Bryce
and John Carty to appraise and value the said Schooner The
Resolution with her tackle apparel and furniture and an
inventory thereof to return with all convenient speed and that
warrant also issue to the Worshipful William Steuart authorizing
him to qualify the said appraisers returnable with all
convenient speed. Which warrants issued accordingly.
And it is further Ordered that Wednesday the fifteenth day
of December next ensuing be appointed for the sale of said
vessell at the house of Mr. William Reynolds in the City of
Annapolis at the hour of three in the afternoon and that publick
notice thereof be given weekly in the Maryland Gazette until the
day of sale aforesaid & moreover that advertisements be printed
and set up at the most publick places giving notice of such sale
and the Court adjourns to the 16th day of December. [f.23a] And
now here at this day to wit the sixteenth day of December Anno
Dom l761, the Court met according to adjournment and His Honour
the Judge being here in Court judicially sitting the Marshal of
this Court makes return of the warrant issued to the Justice of
the Peace aforesaid whereon was the said Justice his endorsement
in the following words. Viz.
1761. 21.st November I hereby certify that the within
mentioned Robert Bryce and John Carty qualified before me
agreable to the within Order.
Wm. Steuart
And the aforesaid Robert Bruce and John Carty also make
return of the warrant aforesaid to them directed indorsed in the
words following - Viz. The execution of the within precept
appears by the appraisement hereunto annexed. Which
appraisement follows in these words. Viz.
Apraisement of the Schooner Resolution Capt. Francis French
Commander with her cables, anchors, sails and stores of all
sorts as now on board and on shore in the warehouse this 27th of
November 1761. Pennsylvania Currency
Her sails and rigging standing and )
running, anchors and cables, boat ) œ50. 00.
00
apparell and furnitures of all sorts )
Her hull masts topmasts bowsprit )
boom square sail yard pumps gaffs etc.) _50. 00.
00
œ100. 00.
00
We the subscribers being appointed by warrant from The
Honourable George Steuart Judge of the Court of Vice Admiralty
in the Province of Maryland to appraise the Schooner Resolution
Francis French Command. with her rigging stores etc. We have
agreeable to the said warrant viewed the said Schooner [f.23b]
with her furniture and adjudge the foregoing appraisement to be
the true value of her with her furniture & stores and every
thing to her belonging according to the best of our knowledge as
witness our hands.
Robert Bryce
John Carty
WHEREUPON it is Ordered by the Judge aforesaid that the
said Schooner Resolution with her tackle apparel and furniture
be now exposed to public sale by the Marshal aforesaid and set
up at the sum of One Hundred Pounds current money of
Pennsylvania that being the sum at which she is appraised and
valued, no person to bid less than the sum set up at nor less
than five pounds like currency advance at each time of bidding.
Which being accordingly done
Mr. Stephen West merchant of Upper Marlbro' bidding the sum
of One Hundred and five pounds like money and no other person
bidding higher the said Schooner Resolution with her tackle
apparel and furniture were struck off to him
And thereupon the said Stephen West deposites in Court here
the sum of One Hundred and five Pounds current money of
Pensilvania being the purchase money aforesaid which his Honour
the Judge receives accordingly. And thereupon he is pleased to
order and it is hereby ordered and adjudged by his Honour the
Judge that the Schooner Resolution with her tackle apparel and
furniture as aforementioned are now the right and property of
the said Stephen West his heirs executors and administrators and
assigns by virtue of the decree and sale aforesaid and that he
or they take the said Schooner Resolution with her tackle
apparel and furniture as aforementioned into his or their
possession and do therewith as to him or [f.24a] them shall seem
meet. And now here at this day to wit the fourth day of May
Anno Dom. l763 his Honour the Judge being in Court judicially
sitting came the said Charles Croxall agent as aforesaid and
thereupon his Honour the Judge after deducting out of the
purchase money aforesaid the sum of sixteen pounds seven
shillings and four pence half penny for the costs and charges
due to the several officers of this Court by occasion of the
premisses pays the residue thereof being the sum of eighty eight
pounds twelve shillings and seven pence half penny unto the said
Charles Croxall agent as aforesaid the receipt whereof he the
said Charles Croxall in Court here acknowledges.
[f.24b] Blank
[f.25a]
Maryland SS
At a Court of Vice Admiralty held at the City of Annapolis
in the Province of Maryland on Monday the nineteenth day of
September in the third year of the reign of our Sovereign Lord
King George the third and in the 13th year of the dominion of
the Right Honorable Frederick Absolute Lord and Proprietary of
the Provinces of Maryland and Avalon Lord Baron of Baltimore
aforesaid. Anno Domini 1763
Present
The Honble George Steuart Esquire Judge
Jonas Green, Marshal. Reverdy Ghiselin Reg.
Henry Edwards and others ) Be it remembered that on the
a ) day and year aforesaid Henry
The Snow Hannah ) Edwards, David Jones, John
Edward Priscott Commander ) Kingsley, Edward Carlisle,
James McClaine, Joseph Santous Senior, Joseph Santous Junior,
William Mecan, John Coward, and John Defractous exhibited into
this Court the following libel.
To the Honourable George Steuart Esquire Commissary and
Judge of the Court of Vice Admiralty of Maryland Henry Edwards
surgeon of the Snow called Hannah, Edward Priscott Commander now
lying at anchor in the Port of Annapolis within this Province,
David Jones, John Kingsley, Edward [f.25b] Carlisle, James
McClaine, Joseph Santous Senior, Joseph Santous Junior, William
Mecan, John Coward and John Defractous mariners belonging to the
said Snow against the said Snow her tackle furniture and apparel
do alledge as follows. They do alledge that on the 11th
day of December seventeen hundred and sixty two they were
shipp'd on Board the Snow called Hannah whereof Edward Prescott
is Commander at Liverpool and that they proceeded from thence to
Africa and after taking on Board a large number of slaves they
proceeded from thence to a port in Virginia and from thence to
the port of Annapolis of this Province and that part of the
slaves since the arrival of the said Snow to the said ports have
been sold and delivered. That the Libellants have
respectively due to them for their wages for work and services
done on board the said Snow during the voyage aforesaid the
several sums of sterling money specified in the schedule
hereunto annexed and that the said Snow is now in the port of
Annapolis in the possession of Edward Prescott Commander who
refuses and delays to pay the Libellants the several sums of
sterling due to them as aforesaid.
That the repeated barbarity inhumanity and ill usage of the
said Edward Prescott and a certain Harrison Hudson mate of the
said Snow that the continual apprehension of the danger of their
lives grounded not only upon bad treatment and violent beatings
with illegal weapons but also upon the fate of many of the
mariners on board the said Snow who fell a sacrifice to the
savage and brutal passions of the said Edward Prescott and
[f.26a] Harrison Hudson are the sole and only motives that
induce the Libellants to leave the said Snow.
That by the marine and civil law and every other law
violent and inhuman treatment is a legal discharge of whatever
covenants of time of service mariners or other set of men may
have entred into and executed and by the said marine and civil
law. Mariners are entitled to their wages for their work and
service done to the time of departure from their ships for such
legal cause any agreement covenants or articles to the contrary
notwithstanding.
The Libellants therefore pray that the said Edward Prescott
Commander now on Board the said Snow may be cited to appear
before this Honourable Court and that the said Snow together
with her tackle apparel and her furniture be arrested and
condemned to pay the Libellants their wages.
William Paca)
) Advocates for Libellants
Samuel Chase)
The schedule annexed to the foregoing Libel is as follows
to wit
A Schedule of Wages due to the Mariners on Board the Snow
Hannah -
To Henry Edwards Surgeon
for 9 months at œ4 sterling per month œ36. 00. 00
To Edward Carlisle.......for 9 months at 35/ 15. 15. 00
To John Kingsley........ 9 months at 25/ 10. 16. 00
To James McClaine.......for ditto at 50/ 22. 10. 00
Joseph Santous Senior...for ditto at do. 18. 00. 00
Joseph Santous Junior...for ditto at do. 18. 00. 00
John Coward.............for ditto at do. 18. 00. 00
John Defractous........for ditto at do. 18. 00. 00
David Jones.............for ditto at do. 30/ 13. 10. 00
William Mecan...........for ditto at do. 13. 10. 00
[f.26b] Whereupon by Order of his Honour the Judge the
following warrant and citation issued to wit
Maryland to Wit
George Steuart Judge of the Court of Vice Admiralty of the
Province of Maryland and the jurisdiction thereunto belonging.
To all and singular his Lordships the Right Honble the Lord
Proprietary's justices constables mayors bailiffs and others his
lordships officers within this Province but especially to Jonas
Green Marshall of the same Court Greeting: You are hereby
required to arrest and take the body of Edward Prescott
Commander of the Snow Hannah now riding at anchor in the Port of
Annapolis in the Province of Maryland aforesaid and cause him to
appear at the said Court of Admiralty to be held at the City of
Annapolis on Wednesday the twenty first day of September instant
to answer the libell and complaint of Henry Edwards Surgeon
Edward Carlisle John Kingsley James McClain, Joseph Santous
Senior, Joseph Santous Junior, John Coward, John Defractous
David Jones, and William Mecan mariners against him in the said
Court exhibited And also you are hereby commanded to secure the
said Snow Hannah untill the said complainants are heard and paid
the wages by them libelled for if it shall appear to be due to
them. Hereof you are not to fail as you will answer the
contrary at your peril. Witness my self this 19th day of
September Anno Domini 1763.
W. Paca )
) for the Libellants Reverdy Ghiselin Reg.
S. Chase )
[f.27a] Of which warrant the Marshall makes return in the
following words, Viz:
In obedience to the within precept I have here the body of
Edward Priscott Commander of the Snow called the Hannah and have
the said Snow in safe custody.
Jonas Green Marshall, Court of Vice Admiralty
Sept. 20th 1763
And thereupon the said Edward Prescott appears in Court
here and files his answer to the foregoing libel which answer
follows in these words to wit
The answer of Edward Prescot to the libel of Henry Edwards
Surgeon, David Jones, John Kingsley Edward Carlisle James
McLain, Joseph Santous Senior Joseph Santous Junior - William
Mecan, John Coward and John Defractous mariners.
This Respondent saving and reserving all benefit of
exceptions to the insufficiency of the Libellants complaint
filed in this Honourable Court answereth and saith: That he is
Commander of the Snow Hannah now lying in the Harbour of
Annapolis and that at Liverpoole in Great Britain he shipped the
surgeon and mariners above and also in the libel aforesaid
mentioned with sundry others to sail on board the said Snow on
a voyage then about to be prosecuted from Liverpool to the coast
of Africa and thence to some place or places in America and from
thence back to the port of Liverpool that soon after the
shipping of the aforesaid surgeon and sailors he sailed with the
said Snow from Liverpool and proceeded to Africa and there took
on board a cargoe of slaves that from thence he proceeded on his
voyage to Virginia and from thence to the port of Annapolis;
This Respondent further answereth and saith that he made
agreements with all the Libellants severally as by the agreement
signed and [f.27b] executed by the said Libellants hereto
annexed and which this Respondent prays may be taken and
accepted as part of this his answer. The Respondent further
answereth and saith that the said Snow arrived at the port of
Annapolis the day of 1763 - and that soon after the
arrival of the said Snow the said Libellants with out licence of
this Respondent and without such cause as by the Libellants in
their Libel is suggested and contrary to the agreement by them
as entered into quitted and deserted the said Snow by which
desertion the said Libellants have forfeited and lost all such
wages and sums of money as by the agreement aforesaid or in any
other manner the said Libellants were entitled unto. The said
Respondent further answereth and saith that he doth admit that
he hath given moderate correction to the sailors on board the
said Snow when from their insolent behaviour or neglect of duty
they well deserved the same But the said Respondent doth
expresly deny that he has been guilty of any barbarity
inhumanity or ill usage to the said Libellants or that by bad
treatment and violent beatings with illegal weapons any one
mariner on board the said Snow fell a sacrifice (as by the
Libellants in their Libel without foundation is unjustly
charged) to the savage and brutal passion of your Respondent.
The said Respondent doth expressly deny that there are due unto
the said Libellants for wages the several and respective sums
mentioned in the schedule to their Libel annexed, or that there
is any other matter or thing mentioned in the Libellants Libel
material or necessary for this Respondent to make answer unto
which [f.28a] is not herein answered or denied. Wherefore in as
much as manifest - prejudice does arise to your Respondent and
the owners of the said Snow by the detention of her under a
process of this Court. Your Respondent---humbly prays that the
premises considered your Honour will discharge the Libellants
Libel and release the said Snow and your Respondent from the
process of this Court and award to him such costs and charges as
by him in the defence of this Libel have been most unjustly
sustained.
24th September 1763
Then came before me the subscriber one of his Lordship's
Justices of the Peace Edward Priscott, and made oath on the Holy
Evangels of Almighty God that what is contained in this answer
is true.
Sworn before
Reverdy Ghiselin
The agreement annexed to the foregoing Answer follows in
these words to Wit
Port Liverpool 27th day of November 1762 -
Then contracted and agreed, between the several persons
whose names are here unto subscribed, being the officers,
mariners, sailors and others now agreeing to enter on board the
good ship or vessel called the Hannah whereof Edward Prescott is
master or commander, lying in the port of Liverpool of the one
part, and the said Edward Prescot the master of said ship for
and in behalf of the owners of the other part That the said
officers, mariners, sailors and others whose names are here
subscribed. In consideration of the sums advanced respectively
to them, and set opposite their several names [f.28b] and of the
monthly wages also set down to their respective names to
severally and immediately agree to repair on board, and to
proceed in the sail ship and duly serve in their several
capacities and stations as placed herein to their respective
names in her now intended voyage from Liverpool to the coast of
Africa, and at and from thence to such place or places in
America as the aforesaid Master, or other Master and Commander
of the ship for the time being shall direct and from thence back
to the said port of Liverpool, or some other of her discharging
port in Great Britain. That the wages or monthly pay to grow
due to the said officers, sailors and others belonging to the
said vessel, for their service on board thereof this present
voyage, shall be paid to and accepted by them in the manner
following, viz. One half part thereof at the port or places of
delivery of the Negroes in America, to the time she begins her
loading at her said delivering port, in the currency there; that
is, every twenty shillings of such currency to be accounted
equal and upon a par with twenty shillings of lawful money of
Great Britain, And in case such port of discharge of the said
ship's Negroes shall be at South Carolina or any other part of
the Continent of America, when the common course of exchange
shall or may happen to be above one hundred per cent, then such
half wages aforesaid are to be paid according to the currency of
the Island of Barbadoes, computing each and every twenty
shillings of such currency at and after the rate of twenty
shillings of lawful money of Great Britain; and the remaining
part thereof and also the wages which shall afterwards become
payable, shall be paid within thirty days next after the [f.29a]
Ships arrival at her port of discharge in Great Britain, And
the said master of the said ship doth agree to pay the said
wages accordingly Provided, nevertheless, that in case the
master, or any of the officers, sailors or others belonging to
the said ship shall happen to die on their passage to the coast
of Africa, or when trading there or on her passage to, or at the
place of the delivery of her Negroes in America, one half of the
wages of such person or persons shall be paid to his or their
executors, thirty days after the ship's arrival at Liverpool or
ten days after her discharge in Great Britain, in the currency
of the port of delivery of the said negroes to be computed as
aforesaid, and none of the said wages or monthly pay, agreed for
as aforesaid, shall commence until the departure of the said
ship from the aforesaid port of Liverpool, and that the advance
wages of them respectively received, shall be deducted and
allow'd to the ownery and freighter of the said ships
wheresoever the first payment of their wages shall be paid. And
it is further covenanted with the said master by the said
officers, sailors and others belonging to the aforesaid ship
severally and respectively, that each and every of them are duly
qualified and capable to perform their respective duties and
parts in their several qualities and station they are now
entered and shipt; and in case it shall appear upon a due
examination in the judgment of said master, of the said ship, or
other its chief commander for the time being and three or more
of the other principal officers of the said ship, that any of
the said persons are not qualified but are incapable to act
agreeable to the capacity or station in which such person is
shiped as aforesaid such person or persons so adjudged
unqualified shall make or allow such abatement to be made in his
wages as the said master [f.29b] and officers shall for that
purpose adjudge and determine in writing, signed by them; and
the said person or persons so adjudged unqualified shall stand
to and abide such determination of the said master and officers
And further it is declared and agreed that if any of the
officers, sailors or others subscribing this contract shall
desert or quit the service of the said ship contrary to the true
intent and meaning of these presents, or shall mutiny, or cause
or stir up any mutiny, or shall assault and strike the master or
commanding officer for the time being of the said ship such
person or persons shall, besides the punishments inflicted by
law, forfeit to the owners of the said ship, all his wages then
due. And it is hereby declared, that a voluntary leaving or
quitting the service of the said ship above forty eight hours,
without a discharge first had in writing from the said master or
other commander of the said ship for the time being, shall be
deemed a desertion, within the intent and meaning of these
presents. And lastly it is hereby declared and agreed that in
case any of the officers or sailors shall disobey or refuse to
perform the reasonable commands of the master of the said ship,
and that shall appear so to the judgment of and accordingly
certified in writing by three or more of the principal officers
of the said ship with the matter wherein such disobedience
consisted every such officer or sailor shall forfeit such sums
to the owners as shall in such certificates be appointed, not
exceeding one months pay for every such offense And that the
said mariners shall also discharge the said ship according to
the custom of the port. In Witness whereof they have hereunto
set their hands, having signed duplicates of the same tenor and
date.
[f.30a]
Time of
Entry
(1762)
Men's Names
Quality
Wages by the
Month or run
Money
Advanced
Nov. 27th
Dec. 3rd
4
6
6
7th
8
9
10
Harrison Hudson
John Henry
John Robinson
John X Wilson
his mark
Henry Edwards
James X McCliman
John X Kingsley
his mark
William Compton
David Jones
Thomas X Busby
his mark
Thomas White
Swan Watstream
Thomas Fell
Richard X Johnson
John X Defreights
Sorelos Santos
Edward Carlisle
John Daves
John Hamilton
Willm. X McCan
Edward Lyons
Roger Hannity
Joseph X Santos
Joseph Finney
John Coward
Sven Almaren
First Mate
Second Mat
Cooper
Gunner
Surgeon
Boatswain
half Seaman
Seaman
Seaman
Seaman
Seaman
Seaman
3d Mate
Seaman
Seaman
Seaman
Cook
Carpenter
Seaman
3/4 Seaman
Landsman
Landsman
Seaman
3/4 Seaman
Steward
Seaman
4. 00. 00
3. 16. 00
3. 00. 00
2. 05. 00
4. 00. 00
2. 10. 00
1. 05. 00
1. 10. 00
1. 10. 00
2. 00. 00
2. 00. 00
2. 00. 00
2. 10. 00
2. 00. 00
2. 00. 00
2. 00. 00
1. 15. 00
4. 05. 00
2. 00. 00
1. 10. 00
1. 00. 00
1. 02. 06
2. 00. 00
1. 12. 00
2. 00. 00
2. 00. 00
[f.30b] To which answer the Libellants by their advocates aforesaid
file the following Replication to wit
The Replication of the Libellants to the answer of Edward
Prescott the Respondent
These Libellants saving unto themselves all and all manner of
advantages of exception to the manifold insufficiencies of the said
answer for Replication there unto say that true it is that they the
said Libellants and the Respondent Edward Prescott did enter into
the Articles of Agreement annexed to the answer of the said Edward
Prescott which said Articles of Agreement they the said Libellants
did sign and execute but they the said Libellants say that the said
Articles of Agreements are not obligatory upon and in force against
them because they say that the said Edward Prescott the said
Articles of Agreement did not sign and execute which said Articles
of Agreement he the said Edward Prescott by the law of the land
ought to have signed and executed by reason of which omission the
said Libellants say that the said Articles of Agreement are become
void and ineffectual in law. But supposing the said Articles of
Agreement good and available in law yet the said Libellants say
that under the said Articles of Agreement they have several sums of
money due to them having now arrived to their port or place of
delivery which said several sums of money or either of them or any
part of them to them the said Libellants or either of them the said
Edward Prescott hath hitherto altogether refused to pay and still
doth refuse. But the said Libellants say that they from the
obligation of the Articles of Agreement aforesaid ought [f.31a]
entirely to be discharged because they say that the said Edward
Prescott has treated them with ill usage and barbarity and refused
to pay them the said Libellants their wages as they the said
Libellants charge in their Libel and which the said Libellants do
aver and will prove. Which said barbarity violent usage and
refusal of the said Edward Prescott to pay them the said Libellants
their wages is a just and legal dissolution of the said Articles of
Agreement And the said Libellants say that true it is that some of
them without the consent of the said Edward Prescott have left the
Snow since the arrival of the said Snow to the port of Annapolis
But the said Libellants say that this leaving of the Snow is not a
desertion or quitting of the Snow within the meaning of the said
Articles of Agreement nor a desertion or quitting of ships within
the meaning of the law which makes the desertion of seamen from
their ships a forfeiture of their wages because they say that such
of them as left the Snow were not under any contract for a longer
voyage and were forced to leave the said Snow by the said Edward
Prescott from his violent treatment and ill usage of them the said
Libellants. Which departure from the said Snow for this cause the
said Libellants say is a just and legal departure and not a
desertion that subjects seamen to a forfeiture of their wages
without that that any other matter or thing whatsoever in the said
answer contained material or effectual in the law to be replied
unto and herein not replied unto confest and avoided traversed or
denied is true: All which matters and things as well as all the
matters and things charged by the said Libellants in their Libel
these Libellants are and will be ready to aver and prove as this
Honourable Court will award and humbly pray as in and by their said
Libel they have already prayed.
William Paca)
) pro Libellants
Samuel Chase)
[f.31b] Thereupon his Honour the Judge proceeds to take the
examination of sundry witnesses, they being first duly sworn,
produced as well on the part of the Libellants as on the part of
the Respondent which examinations follows in these words to wit -
The deposition of Joseph Phinnie says that on board the Snow
that the cowpar was in the hold along with the second mate
that a quarrel ensued upon which the first mate jumped down into
the hold also and kicked down the cowpar and follow'd up his blows
with his fist and trampled upon him with his feet and had a good
deal of jaw at the same time, the cowpar was in liquor but not
incapable of his duty and after he returnd to the deck the first
mate beat him he says he allowed him a fowl every day but refused
him the ships provisions - - he workd some time after the beating
both on shore and on board, and that he had a sufficient quantity
of food when on board and that he had no ill usage himself nor does
he want his money untill he returns to England the cowpar workd a
good many days on shore after his beating the second mate was the
first man who died on board he lived more than a week after his
quarrell with the cowpar and that the cowpar did work after the
mates death and that Captain Prescott was not on board when the
quarrell ensued between the second mate and the cowpar but came on
board the same evening and that he lookt hearthy before the beating
but pale afterwards and said he never was well afterwards and that
he saw the Captain beat Davie Jones with a rope about the bigness
of his finger or a little thicker [f.32a] gave him two strokes, the
mate beat him immediately afterwards both with his fists and ropes
end and that some blood gushed from his nose that Jones went into
the hold he was not drunk when he went in but was drunk when he
came out.
Sworn to
Henry Edwards swears that Robinson came naked out of the
hold to the deck there put on his frock and that the mate him beat
Robinson with his fist and with his feet that his nose was bloody
kick'd and push'd him down to his seat untill with his feet that he
went on shore and work'd afterwards and lived one month after the
beating he had a small fever which continued four or five days he
recoverd that fever he continued well l8 days and was afterwards
seized with a violent fever of which he died in 4 or 5 days after,
that he had care of the sick he applied for the necessarys.
Wanting either to the Captain or Cabbin Boy and that they were
supplied, that when Robinson was sick there were three or four more
sick at the same time, that often when people were sick they were
refused their allowance and the Captain used to say damn them if
they are sick they cannot eat - stop their allowance and that none
but the carpenter was allowed any thing when sick there was a dish
of tea or coffee sometimes sent to the sick by the Captain. And
that though he had no particular orders to supply the sailors,
though he had to supply the slaves but as the necessarys both for
food or physick were in this deponents own power he used them at
his own discretion and according to his judgment both to black and
white tho' the orders given him related to the slaves only he
further says that he saw the Captain beat Edward Carlisle with a
stick and ropes end and kick him with his feet and over the head
and that the mate has often beat his & [with] rope's end so that
blood ensued from his nose and often cry'd out murder and that
[f.32b] the provocation was that he the said Edward who is cook did
not dress the victuals properly The Captain kickt Coward with his
fists and hands and often on the passage to Africa Coward was tied
up by the Captains order and had 15 lashes and the cause was the
water was dirty and he might have clean water if he ask'd for it
And that he saw the mate beat John Defractouse with a rope's end
untill his back was black & bleu and that the Captain frequently
beat John Defractouse and the reason was because he three or four
times slept in his water. Coward left his duty in leaving the boat
and that the Boson McClean did not come on board with the boat.
William Akins says that the mate beat Richard Johnson in the
night with a point and next morning he was beat again by the
Captain with main topsail Hull yards a rope about two inches thick
and then cry'd out he had enough upon which the Captain desisted
that Johnson was taken sick and continued lingering for a month and
then died when the Doctor complained to the Captain of Johnsons
being sick he answered cary him into the steerage this was done on
the coast of Africa but did not see the land in ten days Johnson
died in May and arrived at Angola the 2d March, the beating was ten
days before they made the land. Roger Hannity was beat coming from
Africa.
Hamilton declares that he saw the Captain beat William Akins
from Liverpool to Africa with his fist and at the same kickt him
with his feet he beat him more than once but how often he does not
remember, he cannot tell the provocation, he [f.33a] also saw the
mate beat William Akins in his passage from the coast to this place
with fist and kickt him with his knee and feet and he also saw the
mate beat him in Rapahannock when he was upon the top sail yard and
upon the deck with his fist and kickt him feet untill he was very
bloody he further saith that he saw the Captain beat Rd. Johnson
with a rope's end and on the quarter deck but moderately; but much
by the mate one morning the mate told the Captain that Roger was
over board because he could not be found in the ship it was already
night But he this deponent cannot say whether he was upon deck or
not but the night was windy and squaly and that it was Rogers watch
and that he was in liquor and that he saw the Captain beat Coward
in the factory the provocation was his putting down things that
were given out of the factory and that he saw the Captain order
Coward to be whipt and he had 13 lashes and that he saw the Captain
beat Edward Carlisle the cook with a bit of a switch and that he
saw the crew come from the annin and hit Carlisle and that he saw
the mate beat John Defractouse with his fist which he saw him do
four or five times and that he saw the mate beat Joseph Santouse
Senior with his fist and that he saw the mate beat John Kingsley
frequently with his fist and some times with a cat and that the
blood gushed out of his arm where he had been bled - he often saw
the mate beat the man without any provocation and that he never saw
a man behave worse than the mate Joseph Santouse Senior saw
Captain Priscott beat Edward Carlisle with a reef tackle ball a
rope about 2-1/2 inches thick which made his back black and blue
and his breast also and also beat him with a wooden ladle over the
hands and head untill it broke to pieces and made lumps upon
[f.33b] his head as big as an egg and he also saw him throw the
crew at the said Edward when it hit him he said I'll take care of
things below next time because a Dutchman took a piece of a dumplin
which belonged to the slaves and he saw beat the said Carlisle many
times with a rope untill his body is black and bleu He also says
that he saw the Captain beat William Meekins many times and the
mate beat him millions of times and blood ensued many times and he
also beat him in Virginia kickt and beat him after he got down to
the dock and that he also beat John Defractouse and broke his head
untill it bled for pissing through the gun port and besure the mate
beat him often and that he saw the Captain beat John Defractouse
with a rope 3-1/2 inches thick and also with main sheet rope And he
also saw the mate beat him often untill he bled and also bruised
his nose so that it swelled he also saw the Captain beat the
surgeon a great many times with a thick rope and fist and kick him
and he also saw the mate beat him in the dock and he also saw the
Capt. beat John Kingsley with his fist and some times kick him and
he also saw the mate beat him almost every day with a rope and also
kick him and he also saw the Captain beat John Coward with his fist
and kick him several times - and his body was bruised and that he
saw the Captain beat Davie Jones with his fist and blood gushed out
of his nose and mouth and afterwards the mate beat him with the
fore top sail brace 2-1/2 inches thick and gave him a kick and then
left off he says Roger Hinnette was in his watch that he was drunk
and that the [f.34a] mate beat Roger after the squall was over he
sate down on the main deck but was not to be seen next morning the
Captain desired the mate when on the coast to whip every son of a
bitch of them he was ordered by the Captain to bore a hole in a
bucket which the carpenter was ordered to fill with water and that
he was sick at the same time with the flux the Captain beat the
carpenter and Tom White without provocation with a stick four
inches thick over the head and shoulders but no blood ensued and
the stick broke to pieces and that the mate kickd the carpenter
about half an hour before he died. That the bed was thrown
overboard before his death Mr. Hamiltons bed and tackel as well as
the bedding of the other people this was made known to the Captain
and that he saw the Captain break John Defractouse head for pissing
out of the gun hole and that the blood trickled down his neck upon
his cloaths. The weapon used was the main brace.
James McClean says that the mate struck Johnson and that as he
was cary'd under the anning he cannot say wheter the Captain struck
him or not And that he saw the Captain beat Coward and that he by
the Captains order tied him and gave him 13 lashes the provocation
was that the second mate gave him the water out of the hold which
he alwise did and that he saw the Captain beat Edward Carlisle the
cook scores of times and he also saw the mate beat him and kick him
and that he the mate beat Meakins and the Captain did so too both
on the coast and on his passage to Virginia and that you saw the
Captain beat John Defractouse And he saw the mate beat him also and
that he saw the Captain beat Joseph Santouse Junior with the
trumpet and that he saw beat him also and that the Captain beat
John Defractouse and that he saw the Captain beat John Kingsley
with a point under the anning on the passage from Africa to
Virginia and that he also saw him [f.34b] beat him with his fist
and kickt him with his feet the provocation was that he wanted him
to do more than he could he being no sailor and that the Captain
used to strike Henry Edwards when he was sick and draged him by the
hair and beat him with sticks untill they broke every time the
doctor used to pass the Captain the Captain used to strike him
this deponent when on the coast was sent on shoare with the boat to
get water and came aboard about three of the clock in the afternoon
when he got on deck he saw the mate beat the cawpar in the hold
with his fist and feet then the cowpar came on deck where the mate
beat him again and bruised all over his body and arms.
Thomas Ringgold being interrogated what he knew about the
nature of contracts entered into between masters of mariners
trading to the coast of Africa answers that he has seen several
contracts that some of them were different from this particularly
that some articles expect that if the ship went to Carolina the men
were paid in Barbadoes currency and if to any other port of North
America to be paid in the currency of the country the ship arrives
at and that the ships or vessels paid of by him were as above and
all the sailors paid off by him seemed to be well acquainted with
the nature of the contract - and as to
Capt. Macgachan says that all the contracts between masters and
mariners trading to the coast of Africa are nearly the same as
these of Captain Prescott.
[f.35a] Captain Coolidge says that he has been master of a ship
for 24 years and that he never signed any contract in any other
manner than Captain Prescott and that he never heard that the
master subscribed his own name he had a dispute in the commons with
a sailor who swore that this deponent corrected him with a rope 3-
1/2 inch diameter, which was thought so extraordinary that he was
cast and that sailors will hang together and swear any thing that
he was sixteen years in the Meditaranean trade and the sailors took
their wages in the currency of that country and that he has taken
it himself and he did not think he had a right to dispute it and -
Henry Edwards further saith that the mate beat Meekings as he
lay across the fore yard and beat with his feet and also beat him
upon deck as Meekings stood sentry he took a pipe from one of the
black fellows which was the cause of the beating -
Mr. Stephen Waste says that he has seen many articles of agreement
between masters and sailors trading from England to Africa thence
to America and that they were all in the same manner as Captain
Prescott's.
William Smith declares that he has been five voyages two out
of London two out of Bristol and one out Antega as chief mate and
that the captain in all these articles the captain signd the first
man and that he has seen several articles to other places and that
they were alwise signed by the captain and that he has been at sea
forty years and that he was in a ship bound from Africa to Jamaica
and that in the passage the captain struck a sailor violently and
beat out his eye that he applied for justice in Jamaica and
afterwards in doctors commons and that judge gave him his wages and
fifty pounds for his eye and the captain [f.35b] fined five pounds
for a fine in not signing the articles. This tryal was before Dr.
Lee in 1739 and he cannot say he any articles sign'd from America
and that he was on board the Litchfield two voyages two voyages one
to Patuxent the other to Rappahanock that William Johnston was
master and the time 16 years and swears that no convicts in the
Litchfield - Nathaniel Millbury swears that he has been master of
a vessel 8 years and that he has traded from Boston to the West
Indies and that he has seen 100 articles between masters and
mariners that they were all signd by the master but that he is not
accustomed to the Guinea trade 4 or five he has seen in the London
trade all signed by the master -
Captain Caldwell swears that he has been master of a ship or
vessel to London and West Indies and that he alwise signed his own
articles and that one Captain Bailey from Vienna to the West Indies
was signed by Bailie that he made many voyages that he knew many
sailors complain of beatings in Antigoa that the King's Court there
fined them upon being askd about ill usage to sailors he knew a
young man a sailor on the West Indies who was beat by his captain
he swam ashore the night next morning he complained to a magistrate
who told him that as he had entered into articles he must perform
his voyage he must do it but his Captain must give security -
Captain Cummings swears that articles in the London trade are
not signed by the Captain, but inserted in the articles in the
merchants service he never knew [f.36a] any person tied up on board
any ship except a man of war that he attended several trials at
Doctors Commons that he never saw a jury sworn at Doctor's Commons.
James Reath made oath that he has been master of a ship and
other vessels for many years and that he never signed his name to
the articles nor did he ever see any articles signed by the master
and that he has seen the blanks in the articles filled up by the
captain or owners and that the wages that are payed at the second
delivery port were paid in the currency of the country which that
is a port a shilling currency for a shilling sterling being askd
about the method of correcting sailors answered that he made use of
a ropes' end but never used to kick or trample upon them.
Robert Brice swears that all the articles he has seen were not
signed by the master he is only mentioned in the body of them he
generally fulls up the blank in the articles and some times the
mate at the request of the master, does it he says that a dispute
with a sailor who deserted from his ship that he refused to pay the
sailors wages upon which the sailor brought his suite at Doctors
Commons the articles between them were produced and the sailor was
cast the articles produced were no otherwise signed by this
deponent than that his name was in the body and that he had a cause
in the same court which was removed by that sailor who did not
appear and that he this deponent paid both his own costs as well as
that of the sailor the said and that he never paid that
sailor his wages.
[f.36b] Whereupon all and singular the premisses being by his
Honour the Judge seen heard and fully understood and mature
deliberation there upon had it is ordered adjudged sentenced and
decreed this eleventh day of October Anno Domini 1763.
That the said Snow Hannah her tackle apparel and furniture be
condemned and sold to satisfy and pay unto the several Libellants
following the several sums here after mentioned (being the ballance
of accounts for wages now due to them the said Libellants in virtue
of the contract aforesaid and as appears by the accounts of the
owners of the said Snow Hannah against them the said Libellants
brought into Court here and ordered to be made part of the
proceedings in this cause). That is to say to Henry Edwards two
pounds six shillings current money of this Province. To John
Coward seventeen shillings and ten pence like money To James
McClain the sum of two pounds five shillings like money and the
costs of sail arising due in this cause to the several officers
acting therein.
And for that it appears to his Honour the Judge by several
accounts brought into Court here and ordered to be made part of the
proceedings in this cause that the several Libellants hereafter
mentioned are indebted to the owners of the said Snow. That is to
say Edward Carlisle in one pound two shillings current money of
this Province. John Kingsley in four pounds one shilling and nine
pence like money - Joseph Santouse Senior in two pounds six
shillings like money Joseph Santouse Jr. in two pounds eleven
shillings and ten pence like [f.37a] money John Defractous in two
pounds fourteen shillings like money. David Jones in one pound
five shilling and six pence William Mecan in fifteen shillings
like money. It is ordered and decreed that the Libel aforesaid so
far as relates to them the said Libellants be dismissed. And it is
further ordered that on payment of the several sums so as aforesaid
decreed to Henry Edwards[,] John Coward and James McClaine and the
costs of said aforesaid that the said Snow Hannah with her tackle
apparel and furniture be hence discharged.
From which sentence the Libellants by their Proctors aforesaid
pray an appeal which is granted them.
Geo. Steuart Judge of
the Court of Vice Admiralty
The accounts mentioned in the decree aforesaid follow in these
words: Viz:
WILLIAM MECAN TO OWNERS SNOW HANNAH
1762
December 7 To 1 months wages advanced him....... œ 1. 10. 00
To a note for one month's wages...... 1. 10. 00
1763 10 To his Note of hand in favour of Robt.
McGovan............................... 2. 00. 00
January 28 To 1 Gallon Brandy ................... 06. 00
July 13 To 1 Gallon Brandy.................... 06. 00
20 To 1 Flanning waistcoat............... 10. 00
To Hospital Money..................... 09. 00
œ 6. 11. 00
Deduct for Brandy 2/.................. 02. 00
6. 09. 00
Deduct Mr. Govanes 2.00.00............ 2. 00. 00
œ 4. 09. 00
Deduct for 1 Flanning Waist Coat...... 02. 00
4. 07. 00
Exchange at 72« per cent.............. 3. 03. 00
œ 7. 10. 00
[f.37b]
1762 JAMES MCCLINE TO OWNERS SNOW HANNAH
December 4 To 1 months wages advanced him........ œ 2. 10. 00
To a Note for 1 months wages.......... 2. 10. 00
1763
January 21 To 1 Gallon Brandy.................... 06. 00
February 23 To 2 Gallon Brandy.................... 12. 00
July 13 To 1 Gallon Brandy.................... 06. 00
To Hospital Money..................... 09. 00
œ 6. 13. 00
Deduct for Brandy 4/................. 04. 00
6. 09. 00
Exchange at 72« per cent.............. 4. 13. 00
œ 11. 02. 07
1762 DAVID JONES TO OWNERS SNOW HANNAH
December 6 To 1 months wages advanced him....... œ 1. 10. 00
1763 To a Note for 1 months wages.......... 1. 10. 00
January 21 To 1 Gallon Brandy.................... 06. 00
29 To 6 Tobacco.......at l8d............ 09. 00
February 23 To 1 Gallon Brandy.................... 06. 00
July 13 To 1 Gallon Brandy.................... 06. 00
To Hospital Money..................... 09. 00
œ 4. 16. 00
Deduct for Brandy 3/.................. 03. 00
4. 13. 00
Exchange at 72« per cent.............. 3. 07. 06
œ 8. 00. 06
1762 JOHN COWARD TO OWNERS SNOW HANNAH
December 10 To 1 months wages advanc'd him....... œ 2. 00. 00
1763 To a Note for 1 months wages.......... 2. 00. 00
July 13 To 1 Gallon Brandy.................... 06. 00
To Hospital Money..................... 09. 00
œ 4. 15. 00
Deduct for Brandy 1/.................. 01. 00
4. 14. 00
Exchange at 72« per cent.............. 3. 08. 00
œ 8. 02. 02
[f.38a]
1762 EDWARD CARLISLE TO OWNERS SNOW HANNAH
December 7 To 1 months wages advanced him....... œ 1. 15. 00
1763 To a Note for 1 months wages.......... 1. 15. 00
February 23 To 1 Gallon Brandy.................... 06. 00
June 19 To 1 pr. Drawers...................... 07. 00
July 13 To 1 Gallon Brandy.................... 06. 00
20 To 1 flannin Waist Coat............... 10. 00
To Hospital Money..................... 09. 00
œ 5. 08. 00
Deduct for Brandy..................... 02. 00
5. 06. 00
Deduct for 1 Waist Coat & 1 pr. Drawers 02. 00
œ 5. 04. 00
Exchange at 72« per cent 3. 15. 60
œ 8. 19. 06
October 8th 1763 - Came Captain Edward Prescott before me the
subscriber one of his Lordships Justices of the Peace for Ann
Arundel County and made oath on the Holy Evangels of Almighty God
that the above account and the other accounts hereto annexed are
just and true and that he has received no part or parcel there of
or any security or satisfaction for the same more than the wages
due to them.
Reverdy Ghiselin
1762 JOHN KINGSLEY TO OWNERS SNOW HANNAH
December 4 To 1 months wages advanced him....... œ 1. 05. 00
1763 To a Note for 1 months wages.......... 1. 05. 00
January 21 To 1 Gallon Brandy................... 05. 00
February 12 To 1/2 Gallon Brandy................. 02. 06
23 To 1/2 Gallon Brandy................. 02. 06
May 21 To 2 shirts at œ1-1 top frize jacket 10/ 1.06. 00
July 13 To 1 Gallon Brandy.................... 05. 00
20 To 1 Frize Jacket..................... 10. 00
To Hospital Money................... 09. 00
œ 5. 10. 00
Exchange at 72« per cent............ 3. 19. 00
œ 9. 09. 09
[f.38b]
MR. HENRY EDWARDS TO OWNERS OF SNOW HANNAH
1762
December 14 To 1 months wages advanced him....... œ 4. 00. 00
1763 10 To cash lent him..................... 1. 05. 00
January 10 To 3 Gallons Brandy.............6/... 18. 00
February 1st To 5 yards Chellors..........2/6..... 12. 06
12 To 3 Gallons Brandy.............6/... 18. 00
March 19 To 1 pr. Shoes....................... 10. 00
May 2 To 6 yards Chellors.............2/6... 15. 00
July 13 To 1 Gallon Brandy.................... 06. 00
To Hospital Money.................... 09s 00
œ 9. 13. 06
Deduct for Brandy 7/................. 07. 00
œ 9. 06. 06
Deduct for shoes..................... 01. 09
œ 9. 04. 09
Exchange at 72« per cent............. 6. 09. 00
œ 15. 13. 09
1762 JOSEPH SANTOUS SENIOR, TO OWNERS SNOW HANNAH
December 7 To 1 months wages advanced him....... œ 2. 00. 00
1763 To a Note for 1 months wages......... 2. 00. 00
January 21 To 1 Gallon Brandy................... 06. 00
29 To 6 Tobacco................1/6...... 09. 00
February 23 To 1 Gallon Brandy................... 06. 00
May 21 To 1 Frize Jacket.................... 10. 00
July 12 To 1 Gallon Brandy................... 06. 00
14 To 1 flanning Wast Coat.............. 10. 00
To Hospital Money.................... 09. 00
œ 6. 16. 00
Deduct for Brandy 3/................. 03. 00
œ 6. 13. 00
Deduct for 1 flanning Waist Coat..... 02. 00
6. 11. 00
Exchange at 72« per cent............. 4. 15. 00
œ 11. 06. 00
[f.39a]
JOSEPH SANTOUS JUNIOR TO OWNERS SNOW HANNAH
1762
December 9 To 1 months wages advanced him....... œ 2. 00. 00
1763 To a Note for 1 months wages......... 2. 00. 00
January 21 To 1 Gallon Brandy................... 06. 00
29 To 6 Tobacco...................1/6... 09. 00
February 12 To 1 Gallon Brandy................... 06. 00
May 21 To 3 frocks.....................6/... 18. 00
June 19 To 1 pr. drawers..................... 07. 00
July 13 To 1 Gallon Brandy................... 06. 00
20 To 1 flannin Wast Coat............... 10. 00
To Hospital Money.................... 09. 00
œ 7. 11. 00
Deduct for 3 Gallons Brandy.......... 03. 00
œ 7. 08. 00
Deduct for 1 flannin Wast Coat....... 02. 00
œ 7. 06. 00
Exchange at 72 1/2 per cent.......... 5. 05. 10
œ 12. 11. 10
1762 JOHN DEFRIGHTOUS TO OWNERS SNOW HANNAH
December 7 To 1 months wages advanced him....... œ 2. 00. 00
1763 To a note for 1 months wages......... 2. 00. 00
January 29 To 6 Tobacco.................18d..... 09. 00
February 23 To 1 Gallon Brandy................... 06. 00
May 21 To 1 shirt & 1 jacket................ 18. 00
July 13 To 1 Gallon Brandy................... 06. 00
20 To 1 flannin Wast Coat............... 10. 00
To Hospital Money.................... 09. 00
œ 6. 18. 00
Deduct for 1 flannin Waist Coat...... 02. 00
œ 6. 16. 00
Exchange at 72 1/2 per cent.......... 4. 18. 00
œ 11. 14. 00
[f.39b]Be it remembered that before the sentence and decree
aforesaid was pronounced the Advocates for the Libellants in the
said Libel mentioned objected to the examinations aforesaid taken
by his Honour the Judge on tryal and not signed by the examinants
aforesaid being made a part of the proceedings in this Cause. And
also to the accounts aforesaid being admitted as evidence.
And also that the costs decreed are not full and sufficient.
Test Reverdy Ghiselin Reg. [f.40a]
MARYLAND to wit
At a Court of Vice Admiralty held at the City of Annapolis in
the Province of Maryland on Friday the seventh day of October in
the fourth year of the reign of our Sovereign Lord King George the
third and in the 13th year of the dominion of the Right Honorable
Frederick Absolute Lord and Proprietary of the Provinces of
Maryland and Avalon Lord Baron of Baltimore etc. Anno Domini 1763
Present
The Honorable George Steuart Esquire Judge
Jonas Green, Marshal Reverdy Ghiselin Reg.
His Excellency Horatio Sharpe Esq. by Edmund Key Esq. his
Proctor prefers to the Court the following Libel, against the
Schooner Roast Beef her Captain and mariners to wit
To the Honorable Geo. Steuart Esq. Judge of the Court of
Admiralty of the Province of Maryland
The lybel of his Excellency Horatio Sharpe Esquire Governor
and Commander in Chief in and over the said Province, against a
Schooner vessel called Roast Beef of the burthen of twenty five
tons with a flat quarter deck without a round house topped over her
ports with iron bars a great rake a bast and the boom longer than
common[,] her cargo tackle apparrell and furniture now lying and
riding at anchor in the River Severn within the districk of the
port of Annapolis her Captain and mariners sheweth.
That the said Schooner vessell in the month of August last did
[f.40b] sail up by the Port of Annapolis up to Charles Town in
Cecil County being the head of Cheaspeake Bay that she there
unloaded her cargo consisting of sugar and rum the last a commodity
for which dutys are payable on all foreign bottoms. That she took
in her loading for exportation consisting of thirty one barrels of
flour nine barrels of tarr twenty eight barrells of herrings three
horses and a quantity of staves.
That she then sailed and proceeded on her voyage so low down
as the River Patuxent. That the said Schooner vessel was not
entered or cleared by the captain or by any one else with any
officer of the customs in this Province and that she was seized
riding at anchor in the mouth of Patuxent River and brought up to
Severn.
For which reasons and having on board enumerated commodities
without complying with the Acts of Parliament she becomes forfeit.
Your Libellant therefore prays a warrant for the taking into
custody the said Schooner her cargo tackle apparel and furniture
that she may be condemned by this Court and ordered to be sold.
Edmd. Key pro Libellant
To which Lybel was annexed the following Depositions to wit.
Maryland aforesaid on the third day of October one thousand seven
hundred and sixty three came before me the subscriber John Brice
being one of the Right Honourable the Lord Proprietary's Provincial
Justices a certain Beverly Randolph a native of Virginia about
twenty three years old and made oath on the holy Evangelists of
Almighty God that being in the Island of Granada about the ninth of
June last he entered himself as a common sailor with one Ford, who
had the command of a Schooner which belonged to Mr. James Turner of
the said island merchant and was then employed as a dragger in
bringing sugar from other part of that island to Basseterre, that
about fifteen days afterwards being then at Marquiss (a place in
the said island) he with the consent of said Ford engaged himself
as [f.41a] a mate to one William Thompson who had at that time the
command of another Schooner of Mr. Turners called the Roast Beef
and of the burthen of about fifty tons which was also employed as
a dragger in carrying sugar from distant parts of the island to
Basseterre and did make two trips to that port after he the Dep.
became mate as aforesaid. That on the twenty second day of July or
thereabouts the said Schooner Roast Beef took in at Basseterre a
load of flour beef pork and some dry goods which were to have been
carried directly to the Marques but the current being against him
that the said Thompson run the Schooner under one of the
Grenadilloes and came to an anchor, that the wind being hard as
well as contrary next morning and the canoe lost, the master
weighed anchor and stood for St. Kitts but not being able to fetch
that island bore away for St. Thomas where the said Thompson went
on shore with two or three of his crew. (which consisted of six in
all) - and tarried almost a whole day and that on his return on
board he told the Deponent that as the Schooner was leaky he should
land the cargo and have her repaired; that the next day after said
Thompson had paid another on shore he told the Dep. that he had met
with an acquaintance of Mr. Turners who had undertaken to sell his
cargoe there and advised him to load his vessell with rum and sugar
at that island for New York that the cargo taken in at Basseterre
was accordingly landed the next day consisting of one hundred
barrells of flour fifty bags of pork six bags of tongues, twenty
five bags of nails, thirty barrels of beef, five bales of
osnabrigs, two trunks and a box of dry goods and delivered to one
Mr. Haynes merchant in St. Thomas's that the Schooner was
afterwards refitted and loaded as the Deponent apprehended by the
said Haynes for New York and sailed on the fifth of August last (as
he was informed by said Thompson) for New York having on board
seven hogsheads of sugar eight hogsheads of rum the above mentioned
bags of nails, sixty seven bags of salt and a mulatto woman: that
having met with very bad weather after they left St. Thomas's, the
vessell being leaky, fresh water scarce and one of the crew having
been lost, the said Thompson signifed to the Deponent [f.41b] on
the fifteenth day of August that he intended to stand for the Capes
of Virginia, and accordingly did so, that on the twenty second they
arrived at Hampton in Virginia where the Master Thompson tarried
til the twenty sixth and sold the salt, after which he took on
board a pilot, weighed anchor and stood up the Bay of Chesapeake to
Charles Town in Cecil County where he delivered the rest of the
cargo to Doctor Bouchell of that place who as this Deponent
understood reloaded the said Schooner with thirty one barrels of
flour, twenty eight barrells of herrings, nine barrels of tar,
three horses and a quantity of staves and some of the nails which
had been there landed but this Dep. says that he knows nothing of
any agreement that was made by the said Thompson and Bouchell at
what prices the rum and sugar were sold or at what rate the flour
fish staves was purchased but he heard that Thompson gave one of
the hogsheads of rum and a barrel of sugar to one James Wilson who
lives a few miles from Charles Town; That the said Thompson having
loaded the said Schooner Roast Beef at Charles Town as aforesaid on
the thirteenth of last month weighed anchor and returned towards
Hampton in order as he told this Dep. to get some hands there to
assist in carrying the vessel back to the Grenades, that the wind
blowing pritty fresh in the evening of the fifteenth Thompson put
into the mouth of Patuxent for a harbour and came to an anchor,
that on the sixteenth in the morning Nathl. Milberry master of the
ship Johnson from St. Kitts (which was also at anchor in the mouth
of Patuxent) sent his boat on board the Schooner Roast Beef for
Thompson who immediately went on board the said ship as did the
Deponent also some time afterwards, that after carrying Thompson to
Colonel Fitzhughs Capt. Milberry took him on board his ship again
and placed two of his mariners as sentries over him but that the
said Thompson and the two sentries went off in the night taking
away the ships boat and that he has not since [f.42a] seen said
Thompson, he also says that the said Schooner Roast Beef is the
Schooner now riding at anchor in Severn River near the new wharf
and farther saith not.
Beverly Randolph
Jno. Brice
Maryland aforesaid. On the fourth day of October seventeen hundred
and sixty three came before me Bedingfield Hands the subscriber
being one of the Right Honourable the Lord Proprietary's provincial
justice's a certain Nathaniel Milberry master of the ship Johnson
lately arrived from St. Kitts and made oath on the holy Evangels of
Almighty God that being at Bass Terre in the Grenandes in August
1762 he was told by one Mr. James Turner a merchant there that he
the said Turner one Mr. Henry Clifton and Thomas Allen of the same
place merchant were joint owners of a square stern'd schooner that
was then at anchor in the port of Basse Terre called the Roast
Beef, & of the burthen of about fifty tons which had been built at
MarbleHead in New England and was then commanded (as he thinks) by
one Turner, That in June last he the Dep. saw the same Schooner
again in the same port when one Richard Spencer had the command of
her she being then employed as a dragger in carrying sugars from
distant parts of the island of Granada to Basseterre that about the
twenty first of June last one William Thompson was appointed master
of her by the aforesaid Mr. Turner who was then sole owner and as
the Deponent understood was sent round the island as usual to
collect and bring sugar to Basse Terre. That the Deponent being at
St. Kitts on or about the seventeenth day of August last was
desired by one Mr. Alexander Hume an officer of the customs there
to give him a description of the said Thompson who had sailed with
the Deponent as his mate last winter for five or six months and
that on his the Deponents asking Mr. Hume's reason for
making such a request he was by him told that the said Thompson had
run away from the Granades with a Schooner of Mr. Turners, that
afterwards he saw an advertisement in the St. Christophers Gazette
dated the [f.42b] twenty eight of July signifying that the said
Thompson had in a piratical manner run away from the Granades with
the said schooner which was particularly described as well as the
person of said Thompson and requesting all persons to have the said
Thompson apprehended and the schooner with the cargo secured for
the owners, The Deponent moreover makes oath that being, on board
his ship at anchor in the mouth of Patuxent on the sixteenth of
last month he there saw the said schooner Roast Beef whereupon he
sent his boat for Thompson who immediately came on board the
Deponents ship, after which he carried him to Colonel Fitzhughs in
order to have the Colonels advice and on his return on board placed
two of his sailors as sentries over the said Thompson intending to
bring him and his schooner up to Annapolis agreeable to Colonel
Fitzhughs advice but the said Thompson went off in the night with
the two sentries taking the life boat with them and the Deponent
says that he has not seen the said Thompson since nor could he find
any papers relative to the schooner Roast Beef or her cargo on
board her and he moreover says that the schooner now riding at
anchor in Severn River opposite the new wharf is the schooner Roast
Beef mentioned in the above deposition and that none of the crew
that came from the Grenades in said vessel except Beverly Randolph
are as he is informed in this Province the pilot having left her at
Hampton where Thompson hired a few men to navigate said vessel up
Chesapeake Bay to Charles Town and further Dep. says not.
Nathl. Milberry
B. Hands
Whereupon by Order of his Honour the Judge the following
warrant and citation issued to wit.
Maryland to wit - George Stuart Esquire Judge of the Court of
Vice Admiralty for the Province of Maryland and the jurisdiction
thereunto [f.43a] belonging. To all and singular his Lordships the
Right Honourable, the Lord Proprietary's Justices Constables Mayors
Bailiffs and others, his Lordships officers within this Province
but especially to Jonas Green Marshal of the same Court. Greeting.
Your are commanded to take into your custody a schooner vessel
called Roast Beef at the burthen of twenty five tons with a flat
quarter deck without a round house topped over her ports with iron
barrs a great rake abaft and the boom longer than common her cargo
tackle apparel and furniture now lying and riding at anchor in the
River Severn within the District of the Port of Annapolis and them
safe keep until some further Order be made or done therein. And
you are hereby required to cite and summons the commander and
mariners of the said schooner to be and appear at the said Court of
Vice Admiralty to be held at the City of Annapolis the eight day of
October instant to answer unto the Libel and Complaint of his
Excellency Horatio Sharpe Esquire Governor and Commander in Chief
in and over the said Province against them in the said Court
exhibited. Hereof fail not at your peril, Witness myself this 7th
day of October in the fourth year of the reign of our Sovereign
Lord King George the third etc. Anno Domini.
1763 Reverdy Ghiselin Reg.
Of which warrant and citation the Marshal of this Court now here at
this day to wit the eighth day of October Anno Dom. 1763 comes and
makes return thereof endorst in these words Viz. -
In obedience to the within precept I have taken into custody
the vessel within mentioned and have cited and summoned Nathaniel
Milberry, William Smith and James Townsend mariners to be and
appear at the day and place within mentioned as I am commanded.
So answers
J Green Marshal Court of Vice Admiralty
And now here at this day to wit the 13th day of October Anno
Domini 1763 his Honour the Judge having duly considered the
premises doth Order Sentence and Decree and it is hereby Ordered
Sentenced and decreed that the said schooner or vessel called the
Roast Beef with her tackle [f.43b] apparel and furniture and her
cargo be condemned and sold as being forfeit by carrying on an
illicit trade and having on board enumerated commodities without
complying with the Acts of Parliament in such cases provided. And
that the net proceeds of such sale be paid to the Libellant
aforesaid, And it is Ordered that the Marhsall take a particular
account of such her cargo her tackle apparel and furniture and that
he expose the same to sale on Wednesday the 22nd instant at the
house of James Reith of the City of Annapolis at the hour of three
in the afternoon and that publick notice thereof be given in the
Maryland Gazette and that advertizements be set up in the most
public places in Annapolis and the neighbourhood thereof giving
notice of such sale.
And now here at this day to wit the 27th day of October 1763
before his Honourable the Judge now in Court judicially sitting
came the Libellant by his Proctor aforesaid and the Marshall
returns the following inventory and account of the sale of the
vessel and cargo aforesaid in pursuance of the Decree aforesaid to
wit.
An Inventory of the Schooner Roast Beef now lying in the
dock at Annapolis taken by Jonas Green Marshal of the
Court of Vice Admiralty this 20th day of October 1763 by
Order of the Judge of the same Court.
The hull, masts, bowsprit, mainsail, foresail, and jibb with
her standing and running rigging as she now lies in the dock
One good cable said to be 60 or 65 fathoms
One anchor with one fluke broke
Two deep sea leads
Four carriage guns in the hold and five swivells
Some old rotten sails
Two compasses
One marling spike
Two iron crows
[f.44a] One pump hook,
One pair of slings
About 50 fathom of spare, two inch rope
Two lower and one upper pump box
About 8 or 9 pounds of oakum
Five spare blocks
One old scrubbing brush
One old rusty bill hook,
One iron pot
One wooden shovel
Two old blunderbusses
Five rusty cutlasses
One old saw
One tinder box
One scraper
One pewter dish
One old plate
One brass cock
Her Cargo
Seven good empty barrels
Two empty hogsheads
One empty pipe
Seventy eight barrels of herrings
Thirty one barrels of flour
Nine barrels of tar
Sixteen casks of nails
Six barrels of apples
Some hogshead staves, number unknown
Some inch plank, quantity unknown
And three horses
1763 Dr. The Schooner Roast Beef to Jonas Green Marshall of
October the Court of Vice Admiralty
To the hire of a man to take care of the said schooner
after seizure from the 8th to the 22nd inclusive at 1. 17. 06
2/6 per day
To allowance to the same man for finding himself pro-
visions one week 07. 06
To my attendance two days viz. the 15th & 17th to
unload the said schooner pursuant to an Order of the 1. 00. 00
Court
[f.44b] To printing single advertisements notifying the
sale of the vessel and cargo at vendue 05. 00
To advertising the same in Gazette No. 963 05. 00
To cash paid Capt. Reith for storage of part of the
cargo & trouble of the house the day of sale 1. 02. 06
To ditto paid Mr. Middleton for storage of the other part
of the cargo 08. 00
To cash paid for rum for the people while unloading
the schooner 02. 6d
To my commissions on the sale of the vessel and cargo
as per contra amounting œ234.1.10 (in dollars
and pistoles as regulated by the Inspection Law) at
five per cent for the first hundred pounds and two and
half per cent the remainder 8 7s 0d
To cash paid to the Judge of the Court 220 6s10d
œ 234 1s10d
Errors excepted aforesaid
Jonas Green Marshal Court of Vice Admiralty
By the amount of sundries sold at publick vendue on the 22nd of
October pursuant to a Decree of Court of Vice Admiralty of the
Province of Maryland, Viz. -
The Schooner Roast Beef with all her tackle and
furniture 95. 0. 0
to Mr. James Balfour
One large bay horse to Captain Spencer 16. 5. 0
One ditto smaller to Mr. Craig 10.10. 0
One ditto darker bay Walter Dulany Esquire 7.10. 0
Nine barrels of tar at 12/6 to Mr. Richard Mackubin 5.12. 6
3496 hogshead staves at 64/0 per thousand to Mr.
Balfour 11. 4. 0
432 feet of plank at 6/4 per hundred to ditto 1. 7. 6
28 barrels of herrings at l0/0 to Mr. Pitt 14. 0. 0
24 barrels of flour being 4977 nett pounds at 14/3 per 35. 9. 2
Hundred to sundry persons
7 Barrels of ditto at 14/4 per hundred being 1464
nett pounds to Mr. Harris 19. 9.10
[f.45a] Maryland to wit -
At a Court of Vice Admiralty held at the City of Annapolis in
the Province of Maryland on Wednesday the twenty sixth day of
October in the 4th year of the reign of our Sovereign Lord King
George the Third and in the Thirteenth year of the Dominion of the
Right Honourable Frederick Absolute Lord and Proprietary of the
Provinces of Maryland and Avalon Lord Baron of Baltimore aforesaid
Anno Domini l763.
Present
The Honorable George Steuart Esquire Judge
Jonas Green Marshall Reverdy Ghiselin Reg.
Charles Blount and others by John Hall their Proctor prefer to
the Court the following Libel against the Ship Johnston Nicholas
Elliotte Cooke Commander to wit -
To the Honourable George Steuart Esquire Commissary and Judge
of the Court of Vice Admiralty of Maryland -
Charles Blount Joseph Hewes and George Blair merchants and
partners residing at Edenton in North Carolina against the ship
Johnston Nicholas Elliotte Cooke Commander now riding at anchor in
the Port of Oxford in the Province of Maryland and against the
tackle apparel and furniture of said ship do alledge as follows.
That in the month of May last past the said Nicholas Elliot
Cooke owner and master of the said ship Johnston being in great
distress for provisions and other necessaries for the outfitt of
said vessel on her intended voyage from Edenton where she then lay
to the Island of Barbodoes did apply to your Libellants to borrow
the sum of three hundred and thirty one pounds for the purposes
aforesaid upon the credit of her bottom and upon the adventure of
her intended voyage to the said island and your Libellants further
alledge that they did advance to the said Nicholas Elliot Cooke on
the credit of the [f.45b] said ship the aforesaid sum of three
hundred and thirty one, pounds to be paid on his arrival at the
Island of Barbadoes to which port she was bound wind and weather
permitting in the current money of the said Island which your
Libellants estimate to be of the value of current money of Maryland
securing the repayment of which said sum of money the said Nicholas
Elliott Cooke did then, hypothecate the said ship, and did make and
execute a bottomry bill in the words following Viz. North Carolina
aforesaid. To all to whom these presents shall come, I Nicholas
Elliott Cooke owner and master of the ship called the Johnston of
the burthen of one hundred and eighty tons now riding at anchor in
the Bay of Edenton and bound for the island aforesaid Barbadoes
send Greeting Whereas I the said Nicholas Elliot Cooke am at this
time necessitated to take up upon the adventure of the said ship
called the Johnston the sum of three hundred and thirty one pounds
for setting forth the said ship to sea and furnishing her with
provisions for the said voyage which Messrs. Blount Hewes and Blair
merchants have on request lent unto me and supplyed me with at the
rate of twenty pounds per cent during the said voyage Now know ye
that I the said Nicholas Elliot Cooke do by these presents for me
my executors and administrators covenant and grant to and with the
said Blount Hewes and Blair that the said ship shall with the first
fair wind after the eighteenth day of May depart from the Bay of
Edenton and shall as wind and weather shall serve proceed in her
voyage to the said Island of Barbodes and there finish her said
voyage, and I the said Nicholas Elliott Cooke in consideration of
the said sum of three hundred and thirty one pounds to me in hand
paid by the said Blount Hewes and Blair at and before the sealing
and delivery of these presents do hereby [f.46a] bind myself my
heirs executors and administrators my goods and chattles and
particularly the said ship with the freight tackle and apparel of
the same to payments the said Blount Hewes and Blair their
executors administrators or assigns the sum of three Hundred and
thirty one pounds of lawful money of the Island of Barbadoes within
ten days after the safe arrival of the said ship at the said Island
of Barbadoes, and I the said Nicholas Elliott Cooke do for me my
executors and administrators covenant and grant to and with the
said Blount Hewes and Blair their executors and administrators by
these presents that I the said Nicholas Elliott Cooke at the time
of sealing and delivery of these presents am true and lawfull owner
and master of the said ship and have power and authority to charge
and engage the said ship as aforesaid and that the said ship shall
at all times after the said voyage be lyable and chargeable for the
payment of the sum of three hundred and thirty one pounds according
to the true intent and meaning of these presents And lastly it is
hereby declared and agreed by and between the said parties to these
presents, that in case the said ship shall be lost, miscarry or be
cast away before her next arrival in the said Island of Barbadoes
that then the said payment of the said three hundred and thirty one
pounds shall not be demanded or be recoverable by the said Blount
Hewes & Blair their executors administrators or assigns but shall
cease & determine and the loss thereby be wholly borne and
sustained by the said Blount Hewes and Blair their executors and
administrators And that then and from thence forth every act matter
and thing herein contained on the part and behalf of the said
Nicholas Elliott Cooke shall be void anything herein contained to
the contrary notwithstanding. In witness whereof I the said
Nicholas Elliott Cooke have hereunto set my hand and seal this
seventeenth day of May in the year of our Lord one thousand seven
hundred and sixty three, As by the same Bottomree Bill now in
possession of your Libellants and ready [f.46b] to be produced to
this Honourable Court may fully appear. And your Libellants
further alledge that the said Nicholas Elliott Cooke after making
and executing the said Bottomree Bill did sail from the Port of
Edenton in North Carolina on his intended voyage and that the wind
and weather permitted and he might well have gone thence to the
Island of Barbadoes but instead thereof the said Nicholas Elliott
Cooke with intent to defraud your Libellants deviated from the said
voyage and purposely went to the Island of Nevis and from thence to
other West India Islands without touching at Barbodoes and is now
arrived in the Port of Oxford in the Province of Maryland loaded
with salt and other commodities, And your Libellants further
alledge that they have never been paid the aforesaid sum of money
and interest thereon or any part thereof and that by the Marine and
Civil Law the said ship Johnston is liable under the Contract of
Bottomree aforesaid to pay to your Libellants aforesaid to pay to
your Libellants the same with interest thereon agreeable to said
Contract. Your Libellants therefore pray that your Honour would
take the premises into your consideration and that the said
Nicholas Elliott Cooke Commander now on board the said ship may be
cited to appear before this Honourable Court and that the said ship
together with her tackle apparell and furniture be arrested
condemned and sold to pay the aforesaid sum of three hundred and
thirty one pounds and interest thereon agreeable to Contract and
that your Libellants may have such other relief in the premises as
is consistent with the Marine and Civil Laws and as the nature of
their case doth or may require.
And your Libellants as in duty will pray so.
J. Hall Advocate pro Libellants
[f.47a] Whereupon by Order of the Judge the following warrant and
citation issued to wit.
Maryland to wit, George Steuart Judge of the Court of Vice
Admiralty of the Province of Maryland and the jurisdiction
thereunto belonging. To all and singular his Lordships the Right
Honourable the Lord Proprietaries Justices constables mayors
bailiffs and others his Lordships officers within this Province but
especially to Jonas Green Marhsall of the same Court Greeting you
are hereby required to cite and summons Nicholas Elliotte Cooke
Commander of the ship Johnston now riding at anchor in the Port of
Oxford in the Province aforesaid to be and appear at the said Court
of Vice Admiralty to be held at the City of Annapolis on Monday the
thirty first day of October instant to answer the Libel and
Complaint of Charles Blount, Joseph Hewes and George Blair
merchants and partners residing at Edenton in North Carolina
against him in the said Court exhibited. And also you are hereby
commanded to take into your custody the said ship Johnston with her
tackle apparel and furniture and then safe keep until some further
Order be made or done therein, Hereof you are not to fail as you
will answer the contrary at your peril Witness myself this 26th day
of October in the fourth year of the reign of our Sovereign Lord
King George the 3d Anno que Domini 1763.
(Jno. Hall) Reverdy Ghiselin Reg.
On the back of which warrant and citation was the following
indorsement to wit -
I do hereby depute authorize and impower Captain Robert Bryce to
execute the within precept Witness my hand and seal this 26th day
of October 1763. Jonas Green Marshal {Seal}
And now here at this day to wit the 3lst day of October instant the
said Robert Bryce comes and makes return of the warrant and
citation aforesaid indorsed in these words to wit, By virtue of
the above deputation and in obedience to the within precept I have
cited the within named Nicholas Elliott Cooke to be and appear at
the day and place within mentioned and that I have the ship
Johnston in safe custody. Robert Bryce
2 Short Do. 1 Tarpawlin
3 Boom irons 40 spare pins
2 Spare Futtock Plates 20 Sheaves Do.
2 Spare Chain plate Bolts Top Blocks 1
1 Iron Crow Buoy Ropes 2
Some old iron Swivel Guns 1
1 Catt Block & Tall 1 Spitt
1 Runners & tackles 1 Scrubing Brush
6 Iron Bound Hogshead 12 Hand Spikes
Scrapers 3 1 Iron Pot & Hooks
Buckets 1 2 Pair Cann Hooks
Hencoops 4 with sundry other articles
1 Drawing Knife too teadious to insert
2 Wood Buoys
1 Iron Hearth
Sir:
According to Orders from the Court of Vice Admiralty we the
subscribers have surveyed the ship Johnston with all her tackeling
apparell and furniture, our opinions Viz.
The total of this inventory valued at .................œ335. 0. 0
John Pitt
John Carty
Richd. Kirkwood
Whereupon it is Ordered by the Judge here judicially in Court
sitting that notice be given by an advertisement to be inserted in
the Maryland Gazette and likewise advertizements to be affixed in
the most publick places that the said ship Johnston with her tackle
apparrel and furniture (being condemned for the purpose aforesaid)
would be exposed to sale by the Marshal of this Court at the City
of Annapolis on the 26th day of November instant at the house of
James Reith in the said City at two o'clock in the afternoon to the
best bidder and that any person or persons inclining to purchase
the said vessel may on application to the Marshall of this Court
view the said vessel with her tackle etc. now lying in the dock of
the City aforesaid, And now here at this day to wit the 26th day
of November Anno Dom. 1763 His Honour the Judge in Court judicially
sitting at the house of the said James Reith at the time,
advertized for the sale aforesaid the Marshall exposes to publick
sale the vessel aforesaid with her tackle etc. agreeable to the
appraisement aforesaid his Honour the Judge directing that no
person should bid less than the appraisement nor less than the sum
of five pounds at each time of bidding. But for as much as no
person offered to bidd and the said Nicholas Elliot Cooke signifies
to his Honour the Judge by letter that he is desirous to have the
vessel with her tackle etc. sold for as much as can be got for her
it is Ordered that the Marshal expose her again to sale immediately
which he accordingly does. Whereupon Mr. Charles Wallace of the
City of Annapolis merchant having bid the sum of six hundred and
five pounds current money for the said ship Johnston with all her
tackle apparel furniture and appurtenances as aforementioned and no
person bidding more she is struck off to him. Thereupon the said
Charles Wallace comes into open Court and deposits the sum of œ605
the purchase money aforesaid which his Honour the Judge receives
accordingly And for that it seems to his Honour the Judge here that
the purchase aforesaid so as aforesaid made by the said Charles
Wallace has been done in the most regular and open manner as might
be, he is therefore pleased to Order and it is hereby Ordered and
Adjudged by his Honour the Judge here that the said ship Johnston
with her tackle apparel, furniture and appurtenances as
aforementioned are now the right and property of the said Charles
Wallace his heirs executors administrators and assigns by virtue of
the decree and sale aforesaid and that he or they take the said
ship Johnston with her tackle apparel furniture and appurtenances
as aforementioned into his or their possession and do therewith as
to him it shall seem meet.
[f.47b] Thereupon it is Ordered by his Honour the Judge that the
Marshal of this Court wind and weather permitting immediately
proceed to bring the said ship Johnston together with her tackle
apparel and furniture from the Port of Oxford where she now rides
at anchor to the Port of Annapolis, and now here at this day to wit
the eleventh day of November Anno Domini 1763 the Libellants
aforesaid by their advocate aforesaid appear in Court here and pray
that the vessel aforesaid with her tackle apparel and furniture may
be condemned and sold to answer the premises and for as much as the
said Nicholas Elliott Cooke hath signified to his Honour the Judge
in Court judicially sitting that he cannot attend and that he hath
no defences to make in the premises, It is thereupon this eleventh
day of November aforesaid (his Honour the Judge having first heard
all and singular the premises and maturely deliberated thereupon
Decreed that the said ship Johnston together with her tackle
apparel and furniture be condemned and sold to pay the aforesaid
sum of three hundred and thirty one pounds and interest thereon
agreeable to the Contract aforesaid as also the mariners wages now
due and owing from the said vessel and the costs of suit arising
due in this cause to the several officers acting therein.
Thereupon it is Ordered that warrant issue directed to Capt.
John Pitt and also to William Kirkwood and John Carter ship
carpenters impowering them or any two of them (provided the one be
a master of a ship and the other a ship carpenter) to view and
appraise the said ship Johnston with her tackle apparel furniture
and appurtenances they first taking an oath before some magistrate
well and truly so to do returnable with all convenient speed, which
warrant according issued.
And afterwards the Marshall of this Court makes return of the
warrant aforesaid indorsed in these words to wit -
[f.48a] I hereby certify that John Pitt, Richard Kirkwood and
John Carter qualified before me well and truly to appraise the ship
Johnston with all her guns sails rigging apparel and furniture in
current money of this Province to the best of their skill and
knowledge before
W.m Steuart
Sir:
According to Orders from the Court of Vice Admiralty we the
subscribers have surveyed the ship Johnston with all her tackling
apparell and furniture and our opinions are Viz. -
The hull œ350) money according to
Inventory appraisal 335) Inspection Law
œ685
To John Steuart Esquire John Pitt
Judge of the Vice Court of Richd. Kirkwood
Admiralty in Maryland John Carty
and the Marshal likewise returns the following inventory to wit,
An Inventory of the Ship Johnstons Stores, etc. with her
Spars Compleat as from Sea.
Boatswains Stores 1 Top mast Do.
One Sheet Anchor and Cable 1 Logreel line and Board
One Bower Do. and Do. 2 Speaking Trumpets
Standing and Running Rigging 2 Do. Lantherns
Compleat 1 Spun yarn winch and
bolt
One Spare Hawser 1 Tand Line
2 Box Compasses 1 Ensign & Pendant
1 Iron Bound Catt Block Carpenters Stores -
1=5 Cord Yaul wi.th Oars & Rudder 1 Barr.l Turpentine
a large Quantity of spare Blocks 1 Do. Tarr almost Full
Dead Eyes etc. 1 Axx
2 Main sails 1 adds
1 Main topsail 1 Hammer
1 Fore do., foresail Caulking Tools Compleat
1 Mizen Do. 1 Saw
1 Spreit sail 1 Chizel
1 Fore stay sail 2 Steering sail booms &
Irons
1 Jbb 2 Pump spears with Boxes
1 Main top mast stay sail 3 Pump Brakes
1 Main top Gallt. sail 1 Pump Hook
1 Fore top Do. 6 Lower Pump Boxes
1 Lower Steering Sail 4 Upper Boxes
2 Long Pump Bolts
[f.48b]
Sir:/According to Orders from the Court of Vice Admiralty We the
Subscribers have Surveyed the Ship Johnston with all her Tackeling
Apparrell and Furniture, our Opinions Viz.
The Total of this Inventory valued at L335.
John Pitt
John Carty
Rich. Kirkwood
Whereupon it is Ordered by the Judge here Judicially in Court
sitting that notice be given by an advertisement to be inserted in
the Maryland Gazette and likewise Advertizements to be affixed in
the most publick places that the Ship Johnston with her Tackle
Apparel and Furniture being Condemned for the purposes aforesaid
would be exposed to Sale by the Marshal of this Court at the City
of Annapolis on the 26th day of November Instant at the House of
James Reith in the said City at two O Clock in the afternoon to the
best bidder and that any Person or Persons inclining to purchase
the said vessel may on application to the Marshall of this Court
view the said Vessel with her Tackle etc now lying in the Dock of
the city aforesaid. And now here at this Day [f.49a] to wit the
26th day of November Anno Dom. 1763 His Honour the Judge in Court
judicially sitting at the House of the said James Reith at the time
advertized for the sale aforesaid the Marshall exposes to publick
sale the Vessel aforesaid with her Tackle etc agreeable to the
appraisement aforesaid with his Honour the Judge directing that no
person should bid less than the appraisement nor less than the sum
of five pounds at each time of Bidding But for as much as no
Person offered to bid and the said Nicholas Elliot Cooke signifies
to his Honour the Judge by Letter that he is desirous to have the
Vessel with her Tackle etc sold for as much as can be got for her.
It is ordered that the Marshal expose her again to sale immediately
which he accordingly does whereupon Mr Charles Wallace of the City
of Annapolis Mercht. having bid the sum of six hundred and five
pounds Current Money for the said Ship Johnston with all her Tackle
Apparel furniture and appurtenances as aforesaidmentioned and no
person bidding more she is struck off to him Thereupon the said
Charles Wallace comes into open Court and deposites the sum of L605
the purchase Money aforesaid which his Honour the Judge receives
accordingly And for that it seems to his Honour the Judge here
that the purchase aforesaid so as aforesaid made by the said
Charles Wallace has been done in the most regularr and open manner
as might be, he is therefore pleased to Order and it is hereby
Ordered and Adjudged by his Honour the Judge here that the said
Ship Johnston with her Tackle Apparel Furniture and Appurtenances
as aforementioned are now the Right and property of the said
Charles Wallace his Heirs Executors Adm. and assigns by virtue of
the Decree and sale aforesaid and thatt he or they take the said
Ship Johnston with her Tackle apparell Furniture and Appurtenances
as aforementioned into his or their Possession and do therewith as
to him it shall seem meet.
[f.49b] Blank
[f.50a]Maryland to wit -
At a Court of Vice Admiralty held at the City Annapolis in the
Province of Maryland on Tuesday the tenth day of July in the fourth
year of the reign of our Sovereign Lord King George the Third and
in the fourteenth year of the Dominion of the Right Honourable
Frederick Absolute Lord and Proprietary of the Provinces of
Maryland and Avalon Lord Baron of Baltimore etc. Anno Domini l764.
Present
The Honorable George Steuart Esquire Judge
Jonas Green Marshall Reverdy Ghiselin Register
John Ridout Esquire by Edmond Key Esquire his Proctor prefers to
the Court here the following Libel to wit.
To the Honourable George Steuart Esquire Judge of the Court of
Vice Admiralty of the Province of Maryland.
The Libel of John Ridout Esquire Naval Officer of the Port of
Annapolis in the Province aforesaid against the schooner vessel
Success square stern, of the burthen of thirty seven tons or
thereabouts John Eals master riding at anchor in the harbor of
Annapolis her lading and rigging.
Your Libellant informeth that the said schooner trades to and
from his Majesty's Plantations in America and transports goods and
commodities from one to the other without having any register for
the said vessel or giving a Plantation Bond for the delivery of her
goods and cargo in some of his Majestys Plantations, and your
Libellant is informed and believes it to be true that the said
Schooner belongs to and is owned by some of his Majestys subjects
in the Colony of Virginia and that she came into this Province and
has taken on board her cargoe without ever entering at any Port in
the Province or having any register or giving a Plantation Bond in
any of his Majesty's Dominions which is [f.50b] contrary to the
statutes whereby she becomes forfeit. Whereupon he prays the
warrant of the Court directed to the Marshall thereof for the
taking into his care and custody the said vessell and cargo and
that your Honour will make a Decree agreeable to the statute in
such cases made and provided.
Edmd. Key for the Libellant
Whereupon by Order of his Honour the Judge the following
warrant and citation issued to wit.
Maryland to wit - George Steuart Esquire Judge of the Court of Vice
Admiralty for the Province of Maryland and the jurisdiction
thereunto belonging To all and singular his Lordships the Right
Honourable the Lord Proprietary's justices constables mayors
bailiffs and others his Lordships officers within the Province but
especially to Jonas Green Marshal of the same Court Greeting You
are hereby commanded to take into your custody a schooner rigged
vessel of the burthen of forty tonns or thereabouts riding at
anchor in the harbour of Annapolis her lading and rigging and then
safe keep until some further Order to be made or done therein and
you are hereby required to cite and summon the Commander and
mariners of the said schooner to be and appear at the said Court of
Vice Admiralty to be held at the City of Annapolis the eleventh day
of July instant to answer unto the Libel and Complaint of John
Ridout Esquire Naval Officer of the Port of Annapolis in the
Province aforesaid against them in the said Court exhibited hereof
fail not at your peril Witness myself this 10th day of July in the
fourth year of the reign of our Sovereign Lord King George the
Third, etc.
Anno Domini 1764 Reverdy Ghiselin Reg.r C.V.A.
Of which warrant and citation the Marshal of this Court now [f.51a]
here at this day to wit the 11th day of July Instant comes and
makes return indorsed in these words Viz.
I hereby certify that I have obeyed the directions of the
within precept and summoned John Eales the master of the said
vessel and Daniel Tyler, and John Boroughs mariners to appear at a
Court of Vice Admiralty to be held at Annapolis on the morrow the
11th of this instant, at eleven of the clock in the forenoon
July 10, l764. Jonas Green, M. Co. V. A.
Whereupon John Eales master & owner of the said schooner in
his proper person appears and the Libellant aforesaid by his
Proctor aforesaid also appears. And the [Libellant aforesaid] John
Eales files his answer to the Libel aforesaid which follows in
these words. - -
The answer of John Eales of Saint Marys County in the Province
of Maryland to the Libel of John Ridout Esquire Naval Officer of
the Port of Annapolis - this Respondent saving and reserving to
himself all and all manner of benefit of exception and advantage to
the many untruths incertainties and insufficiencies in the said
Libel alledged answereth and saith That he the said John Eales is
sole owner and master of the schooner called the Success of the
burthen of thirty seven tons and that he purchased the said
schooner about six months ago of a certain William Black and
obtained of him a Bill of Sale for the said schooner which your
Respondent had the misfortune to loose by the accident of the said
schooners oversetting Your Respondent further answering saith that
since the purchase of the said schooner she has never been trading
to and from his Majesty's Colonies in America to the knowledge of
this Respondent. That the vessell aforesaid was built about
fifteen months ago at Piankitank in the Colony of Virginia and
having never traded out of that Colony till purchased by this
Respondent he apprehends no register or navigation bonds were
necessary - That your Respondent about twelve days ago [f.51b]
from this day came to the Port of Annapolis and having contracted
with several gentlemen for a freight from this port to Nova Scotia
has been employed in careening and preparing the schooner for the
said voyage Your Respondent further answering saith that on the
day he first took in any of the cargo and that only by way of
ballast he went to John Ross Esquire to apply for a register for
the said schooner, but he being absent at that time the vessell
went to South River and there received some further part of her
cargo and returned to this Port and before she took in the whole of
her lading and before any officer made a seizure of the said
schooner he went again to Mr. John Ross and applied for a register
for the said schooner which he refused And this Respondent further
answering saith that he verily believes no fraud whatever was
intended to his Majesty or the Lord Proprietary the parties
concerned in point of interest having always from the first
chartering the said vessell intended to apply for a register and
give bond agreeable to the laws of England and this Province but
omitted so to do relying on the custom of trade that no register
was necessary til the vessell was about to sail. And this
Respondent further saith that had any fraud been intended it would
have been an easy matter for those concerned to have eluded any
seizure by sailing from this port before any application was made
for a register And the want of such register would never have been
discovered but from the information of himself and the captain who
was to have the command and direction in the intended voyage. And
this Respondent doth deny all and all manner of unlawful
combination and confederacy [f.52a] and humbly prays a dismissal of
the Libel aforesaid with costs in this behalf
J. Hall pr Respond.t
Then came before me one of his Lordships the Lord Proprietarys
justices of the peace for Ann Arundel County, John Eales and made
oath that the above answer is just and true. -
Sworn to this 12th day of July 1764 -
Reverdy Ghiselin -
And now here this day to wit the fourteenth day of July Anno
-
one thousand seven hundred and sixty four his Honour the Judge
having heard all and singular the premises and maturely deliberated
thereupon is pleased to Decree and it is hereby Decreed this
fourteenth day of July aforesaid that the said schooner Success her
cargo tackle apparel and furniture be absolutely forfeit and sold
and that one third part of the sales thereof (after the costs and
charges attending this prosecution are paid) be applied to the use
of the Lord the King, one other third part thereof to the use of
the Governor of this Province and the remaining third part thereof
to the use of the informer agreeable to the Act of Parliament made
in the seventh and eighth of his late Majesty King William the
Third, Whereupon the Respondent by his council prays an appeal
from the sentence and decree aforesaid which is granted -
[f.52b] Blank
[f.53a] Maryland to wit
At a Court of Vice Admiralty held at the City of Annapolis in
the Province of Maryland on Wednesday the thirteenth day of June in
the fourth year of the reign of our Sovereign Lord King - George
the Third and in the fourteenth year of the Dominion of the Right
Honorable Frederick absolute Lord and Proprietary of the Provinces
of Maryland and Avalon Lord Baron of Baltimore etc. Anno Domini
1764 -
Present
The Honorable George Steuart Esquire Judge -
Jonas Green Marshall Reverdy Ghiselin Register
Was preferred the following Petition Viz. To the Honorable
George Steuart Esquire Judge of the Court of Vice Admiralty in the
Province of Maryland, The Petition of Captain John Kelty on behalf
of himself and Christopher Dowson commander of the ship called the
Volunteer now riding at anchor in the River of Patuxent sheweth.
That the said ship was chartered by Mr. William Perkins of London
merchant of Mr. John Elstib of the said city owner thereof to take
in a load of tobacco, from this Province to Great Britain consigned
to him the said Perkins. That since her arrival in this Province
seven of the mariners employed to navigate the said ship have left
her and refused to go the voyage giving out in speeches that she is
unfit to perform her voyage whereby the freighters who usually have
consigned their tobacco to the said Perkins have been deterred from
shipping their tobacco.
Your Petitioners therefore humbly pray your Honour to issue a
commission directed to competent persons to view the said vessel
and to report to this Honourable Court the state and condition she
is now in and their opinion of her fitness or unfitness to perform
the voyage. And they as in duty bound will pray.
Which aforegoing Petition being read and heard and the facts
therein set forth having been made appear to be true, the same is
granted and warrant accordingly issued in these words to wit,
Maryland to wit. - George Steuart Esquire Judge of the Court of
Vice Admiralty [f.53b] of the Province of Maryland and the
jurisdiction thereunto belonging To William Johnson and John
Johnston mariners and masters of vessells and Richard Kirkwood and
John Carty ship builders Greeting Whereas Captain John Kelty on
behalf of himself and Christopher Dowson master of the ship
Volunteer of and from London now riding at anchor in the River
Patuxent hath this day by his Petition to the Judge aforesaid set
forth that seven of the mariners belonging to the said vessel have
left her giving out in speeches that the ship aforesaid is unfit to
proceed on her voyage from this Province to Great Britain, In
order therefore that the matter may be better ascertained and all
interested secured, These are to authorize and impower you the said
William Johnson John Johnston Richard Kirkwood and John Carty or
any three of you to inspect into the true state and condition of
the ship Volunteer aforesaid whereof the said Christopher Dowson is
master with her tackle apparel and furniture according to the best
of your judgment skill and knowledge (having first taken your oaths
before some magistrate well and truly so to act) and that you make
report thereof to the Judge of the Court of Vice Admiralty
aforesaid as soon as may be hereof fail not Witness myself this
13th day of June, Anno Domini 1764. (Signed per Order)
Reverdy Ghiselin Reg.r V A
And now here at this day to wit the 15th day of June Anno
Domini 1764 the aforesaid William Johnson, Richard Kirkwood and
John Carty three of the persons mentioned in the aforegoing warrant
in pursuance thereof make return of the same in the following words
and figures to wit, This is to certifie that we the subscribers
have according to the above directions carefully examined and
inspected the condition of the ship Volunteer, and found her
strong, staunch and sufficient to take tobacco or any other cargo
on board.
Given under our hands and seals this 15th day of June 1764.
Witness John Johnston William Johnson (Seal)
Richd. Kirkwood (Seal)
John Carty (Seal
[f.54a] On the back of the aforegoing warrant were the following
indorsements to wit -
14th June 1764 Then came Richard Kirkwood and John Carty before me
one of the magistrates of Ann Arundel County and made oath on the
Holy Evangels of Almighty God that they will well and truly inspect
the state and condition of the ship Volunteer whereof Christopher
Dowson is master with her tackle apparel and furniture according to
the best of their judgment skill and knowledge. -
Sworn before Wm. Steuart - June 14th 1764 Then came William
Johnson before me one of his Lordships justices of Prince George's
County and made oath on the holy Evangelists of Almighty God that
he will well and truly inspect the state and condition of the ship
Volunteer whereof Christopher Donson is master, with her tackle
apparrell and furniture according to the best of his judgement
skill and knowledge.
Sworn before Wm. Lock Weems
[f.54b] Blank
[f.55a] Maryland to wit.
At a Court of Vice Admiralty held at the City of Annapolis in
the Province of Maryland on Tuesday the Ninth day of October in the
fourth year of the reign of our Sovereign Lord King George the
Third and in the fourteenth year of the Dominion of the Right
Honorable Frederick Absolute Lord and Proprietary of the Provinces
of Maryland and Avalon Lord Baron of Baltimore, etc. Anno Domini
1764.
Present
The Honourable George Steuart Esquire Judge.
Jonas Green Marshall Reverdy Ghiselin Register
Robert Heron Esquire by Edmund Key Esquire his Proctor preferrs to
the Court here the following Libel to wit.
To the Honourable George Steuart Esquire Judge of the Court of
Vice Admiralty of the Province of Maryland.
The information and Libel of Robert Heron Esquire collector of
his Majesty's customs for the District of Poccomoke in the said
Province against the Brigantine Betsey whereof is master John
Anderson and owner Reginald Graham, built with a square stern,
burthen eighty tonns or thereabouts now riding at anchor in
Nanticoke River in Maryland her tackle, apparel furniture and
cargoe.
The said Robert Heron informs and gives the Court of Vice
Admiralty to understand that the said Brigantine Betsey clear'd at
his collectors office some months ago for the Island of Dominica in
the West Indies, that she proceeded on her voyage and arrived at
the said island where she remained three weeks without breaking
bulk, that from thence she sailed to the Island of Gaudaloupe
belonging to and in the possession of his most Christian Majesty
the French King and did arrive at the said Island and there did
unload her cargoe from Maryland and took on board from the said
Island of Guadaloupe her cargoe consisting of rum and melasses and
[f.55b] that from the said Island she proceeded with her cargoe of
rum and melasses on her voyage and did arrive with her said cargoe
on board in Nanticoke River And that a few days after her arrival
in the said river to wit on the twenty fourth day of September last
John Anderson Captn of the said vessell came to your informants
office to enter the said vessell and did on the day aforementsaid
enter (which entry was made and now is on your informants book of
office) the said Brigantine in ballast as coming from the Island of
Dominica.
And the said Robert Heron further shews to the Court that a
few days after her entry as aforesaid in ballast, her Captain John
Anderson did unload from the said Brigantine large quantities of
rum and melasses of the growth and produce of the said Island of
Gaudaloupe without having made any entry of them or having paid the
duties for the same or in any manner compounded for the said duties
contrary to the form of the Acts of Parliament in such cases made
and provided whereby the said Brigantine Betsey her tackle apparel
and furniture and cargoe are become forfeit. Your informant prays
a warrant directed to the Marshall of the Court commanding him to
take into his custody the said Brigantine together with her cargoe
for their safe keeping untill your Honour shall make your sentence
in and upon the premises.
Edmd. Key for the Libellant
Whereupon it is Ordered by his Honour the Judge that warrant
issue immediately directed to the Marshall as usual to take the
said vessel her tackle apparel and furniture together with her
cargo into his custody and Ordered also that citation issue against
the captain of the said vessel to be and appear at the City of
Annapolis on Friday the twenty sixth instant to answer unto the
Libel aforesaid which were accordingly issued.
Ordered also that the Marshall after he has taken the premises
into possession immediately proceed with the same to the Port of
Annapolis.
The Marshall makes return of the warrant and citation
aforesaid as follows, Annapolis October 26th 1764 pursuant to the
directions and [f.56a] commands of the within precept to me
directed I hereby certify that I have by deputation to Mr. Maybury,
obeyed the same and now have the said Brigantine Betsey and her
cargo at Annapolis, so answers.
Jonas Green Marshall Vi. Co. Adm.
John Anderson master of the vessell aforesaid comes into Court
and lays claim to the vessel and cargo on behalf of the owners
thereof. Thereupon, the said John Anderson enters into
recognizance (in the usual form) with Moses Lecompte of Dorchester
County his surety in the sum of sixty pounds sterling jointly and
severally in case he the said John Anderson does not answer and pay
all costs occasioned by such claim.
Thereupon the said John Anderson files in Court the following
answer to wit.
The answer of John Anderson Captain of the Brigantine Betsey
to the information and Libel of Robert Heron Esquire Collector of
his Majesty's Customs for the District of Poccomoke against the
said Brigantine. This Respondent saving and reserving to himself
all and all manner of benefit of exception and advantage to the
manifold untruths incertainties and insufficiencies in the said
Libel alledged answereth and saith That true it is that the said
Brigantine cleared some months ago at the said Robert Heron's
Collectors Office for the Island of Dominica in the West Indies,
that she proceeded on her voyage and arrived at the said island of
Dominica where she remained three weeks without breaking bulk.
That from thence she sailed to a small island called Grand Terre
separated from the said Island of Guadaloupe by a small gut and in
the possession of his most Christian Majesty the French King and
governed by the person who then governed Gaudaloupe and did at the
said island called Grand Terre unload her cargoe from Maryland and
take on board her cargoe of rum and molasses as particularized and
ascertained by the papers hereto annexed which the said Respondent
prays may be taken as part of this his answer. That he the said
Respondent proceeded from the same island with the cargoe aforesaid
to Maryland and arrived on or about the twenty fifth day of
September last past in Nanticoke River and not before, This
Respondent further saith, that while the said Brigantine was on her
way from the Tangier Sound (a place some miles below Nanticoke
River) to her port of delivery in Nanticoke to which Tangier Sound
the said Brigantine arrived on or about the twenty second day of
the same month. This Respondent and Mr. Reginald [f.56b] Graham
owner of the said Brigantine to wit on the twenty fourth day of the
same month waited upon the said Robert Heron to make an entry of
the Brigantine and cargo as is usual. This Respondent further
saith that the said Robert Heron asked him from whence he came.
This Respondent saith he then gave an account to him the said
Robert Heron that he came from Point Petre a Port in the said Grand
Terre meaning. Upon that the said Robert Heron ask'd whether Point
Petre was a Port, To which the said Reginald Graham owner aforesaid
answered yes, and told the said Robert Heron he wanted to speak to
him. This Respondent saith that Reginald Graham and Robert Heron
then walked out of doors and were for a quarter of an hour in
private conversation as he believes. This Respondent further
answering saith that the said Reginald Graham and Robert Heron
returning the said Robert Heron then went up a pair of stairs and
brought down with him a book and ask'd him the said Respondent to
sign that pointing to the book as it lay open - that he the said
Respondent did upon the request of the said Robert Heron without
adverting to the whole of the contents of the writing sign his name
- apprehending what he signed was an entry. This Respondent
further answering saith that the said entry alledged in the Libel
with respect to the name burthen identity and property may be true
but with respect to the ballast and place from whence the
Brigantine last sailed from this Respondent doth expressly aver to
be false if the Libel charges he gave such account to the said
Robert Heron. For this Respondent doth expressly deny that he gave
an account to the said Robert Heron that the Brigantine had ballast
only and that Dominica was her last place of departure and this
Respondent doth alledge and aver that he gave account to the said
Robert Heron that the Brigantine came last from Point Petre a Port
in the said Island of Grand Terre meaning. This Respondent doth
admitt that afterwards he did land a quantity of rum and molasses
part of [f.57a] which molasses belongs to a certain John Walls of
Guadaloupe an English subject and the said Respondent further saith
that the said Robert Heron knew that the said Brigantine was loaded
with rum and molasses and that the said Robert Heron gave liberty
to land them.
And every other matter or thing charged in the Libel or
information aforesaid and not here admitted denied or answered this
Respondent doth expressly deny.
[f.57b] Blank
[f.58a] Maryland to wit.
At a Court of Vice Admiralty held at the City of Annapolis in
the province of Maryland on Tuesday the twenty sixth day of March
in the fifth year of the reign of our Sovereign Lord King George
the Third and in the fourteenth year of the Dominion of the Right
Honourable Frederick Absolute Lord and Proprietary of the Provinces
of Maryland and Avalon Lord Baron of Baltimore etc. Anno Domini
1765.
Present
The Honourable George Steuart Esquire Judge.
Jonas Green Marshall Reverdy Ghiselin Clk
John Yates Esquire by Edmund Key Esquire his Proctor preferrs
to the Court here the following Libel to wit.
To the Honourable George Steuart Esquire Judge of the Court of
Vice Admiralty of the Province of Maryland.
The Libel and information of John Yates Esquire Comptroller of
the District of Pocomoke in the said Province against the schooner
vessel called the Dolphin of the burthen of twenty tons or
thereabouts, whereof is Captain Peter Savorey riding at anchor in
Wicomico River on the Eastern Shore her lading and rigging apparel
tackle and furniture.
Your Libellant informeth that the said schooner trades to and
from his Majestys plantations in America and transports goods and
commodities from one plantation to another without having made
proof before any Governor and Chief Custom House Officer of any of
this Majesty's plantations in America of the property of the said
vessell and who are the owners thereof without having any register
for the said vessell.
Your Libellant further informs that he has heard and believes
'tis true that the said vessell to and is owned by some of his
Majesty's subjects [f.58b] in Virginia and that she came from
Norfolk in Virginia into the River Wicocomico ladened with sundry
goods wares and merchandizes without entering the said vessell and
cargoe at any custom house in this Province whereby the said
vessell and cargoe became liable to forfeiture by virtue of the
statutes made in the 18 V 14 C2 Cha 11 87 82 W.3 Cha:22 wherefore
he prays a warrant of this Court directed to the Marshall whereof
for the taking into his care and custody the said vessell and
cargoe and that your Honour will make a Decree agreeable to the
statutes in such cases made and provided.
Edmd. Key Attorney General
[f.59a] Maryland SS
At a Court of Vice Admiralty held at the City of Annapolis in
the Province of Maryland before the Honourable John Beale Bordley
Judge of the said Court on Wednesday the twenty fourth day of July
in the seventh year of the reign of our Sovereign Lord George the
Third King of Great Brittain France & Ireland and so forth and in
the year of the Dominion of the Right Honourable Frederick
Absolute Lord & Proprietary of the Provinces of Maryland & Avelon
Lord Baron of Baltimore and so forth & in the year of our Lord
Christ one thousand seven hundred sixty seven.
Present
This Honour the Judge
(William Yeldell Marshall. Reverdy Ghiselin Register)
(John Beale Bordley Esquire above named having produced the
Commission in usual form bearing date the third day of December one
thousand seven hundred sixty six appointing him sole Judge of the
Court of Vice Admiralty of this Province & the same being openly
read he immediately thereunto was sworn & qualified as usual by
taking & subscribing the several oaths directed by the acts of
Assembly & Statutes of Great Britain to be taken to the government
repeating the test and subscribing the Oath of Abjuration & test &
also taking the oath of office of Judge of the said Court before
Robert Couden Esquire one of his Lordships justices.
John Ridout Esquire Naval
Officer of Annapolis District within this Province exhibited to the
Court here his Libel & Complaint as followeth that is to say -
[f.59b] To the Honourable John Beale Bordley Esquire Judge of the
Court of Vice Admiralty of the Province of Maryland.
The Libel of John Ridout Esq. Naval Officer of the Port &
District of Annapolis in the said Province against the schooner
said to be called the Sharp square stern of the burthen of seventy
tons or thereabouts whereof one Lurtey is said to be master riding
at anchor in Patapsco River her lading and rigging.
Your Libellant informeth that the said schooner trades to and
from his Majestys plantations in America and transports goods and
commodities from one to the other and particularly that the said
schooner hath come into this Province & received on board a large
quantity of iron ore the produce of this Province in order to carry
the same and other goods to some other of his Majesty's plantations
without being legally qualified & authorized so to do & without
having any register for the said vessel or giving a plantation bond
for the delivery of the goods and cargo in some of his Majestys
plantations as he the Libellant is informed and believes to be true
And your Libellant is informed and believes to be true that the
said schooner is owned & belongs to some of his Majestys subjects
in the Colony of Virginia and that she came into this Province and
has taken on board her cargo without ever entering at any port in
the Province And your Libellant further informeth your Honour that
he went on board the said schooner and asked the said Lurtey
whether he could produce a register for the said schooner or a
certificate permit or sufference from any Officers of the Customs
in the Province of Maryland authorizing him to trade or to take any
goods commodities or produce on board the said Schooner within the
afsd Province to which said Lurtey answered in the negative
whereupon the said Libellant made seizure of the said vessell &
cargo apprehending the same to be forfeited [f.60a] liable to
condemnation for that the said Schooner came hither from another
province or plantation to trade without any register and hath
actually traded within this Province without making entry as the
law requires with the Officers of the Customs and without obtaining
any warrant sufferance or permit so to do or giving such bond as
the law directs contrary to the statutes. Wherefore he prays the
warrant of the Court directed to the Marshall thereof authorizing
and requiring him to take into his care & custody the said vessell
& cargo and that your Honour will make a Decree agreeable to the
statutes in such cases made & provided.
Thos. Jenings for the Libellant
And warrant & citation thereon issued in usual form by order
of the Judge as followeth.
Maryland to wit John Beale Bordley Esquire Judge of the Court
of Vice Admiralty for the Province of Maryland and the jurisdiction
thereunto belonging. To all & singular his Lordships the Right
Honourable the Lord Proprietarys justices constables mayors
bailiffs and others his Lordships officers within this Province but
especially to William Yeldell Marshall of the same same [sic.]
Court Greeting you are hereby commanded to take into your custody
the Schooner said to be called the Sharp square stern of the
burthen of twenty tons or thereabouts whereof one Lurty is said to
be master riding at anchor on Patapsco River her lading and riging
and them safe keep until some further order therein be done And you
are hereby required to cite & summon the commander & mariners of
the said Schooner to be & appear at the said Court of Vice
Admiralty to be held at the City of Annapolis the twenty ninth day
of July instant (to answer unto the libel & complaint of [f.60b]
John Ridout Esquire Naval Officer of the Port and District of
Annapolis in the said Province against them in the said Court
exhibited hereof fail not at your peril Witness my self this 24th
day of July in the 6th year of the reign of our sovereign Lord King
George the Third
Anno Domini 1767
Reverdy Ghiselin Register
Court of Vice Admiralty
And the Marshal on the said twenty
fourth day of July here makes within
of the current & citation aforesaid
& certifies his resolution & scenario
thereof in these words to wit.
Thomas Jenings for Libellant
I hereby certifie that I have obeyed the directions of the
within precept & have summoned John Lurtie commander of the said
Schooner to appear at the time & place within mentioned I further
certifie that there were no mariners on board the said Schooner but
Negro slaves. So answers Willm. Yeldell
July 29th 1767
Whereupon on the prayer of the Libellants the master of the
Schooner afsd John Lurtie here present is decreed to put in his
answer to the Libel by ten of the clock on the first day of the
next ensuing month.
On which day the said John Lurtie master of the Schooner afsd
here comes & says he hath no defence to make in the premises & that
he cannot deny but that the alligations of the Libellant by his
said Libell are true nor can he say but that condemnation of the
Schooner afsd with her lading tackel apparel & furniture ought to
be had.
And on the petition of the Libellant warrent is ordered to
issue in usual form to John Pitt & James Reith mariners & masters
of sea vessells & John Carty, John Ball ship wrights or any three
or two of them to appraise & value the said Schooner & the said
lading tackle apparel and furniture in sterling money they being
previously to take the usual oath on such occasions [f.61a] for
which purpose it is ordered that warrant issue to Robert Couden
Esquire one of his Lordships Justices of the Peace for him to
administer the said oath And that the appraisers return an
inventory of their appraisement & valuation here under their hands
with all convenient speed. The warrants afsd thereupon issued in
usual form & the said Robert Couden here certifies he had
administered to the said John Pitt & John Carty the oath afsd that
they would well & truly appraise & value the said Schooner Sharp &
her lading tackle apparel & furniture in sterling money according
to the best of their judgment skill & knowledge.
And the said John Pitt and John Carty here exhibit the
inventory of the valuation & appraisement afsd to wit.
By order of John Beal Bordley Esq. Judge of the Court of Vice
Admiralty for the Province of Maryland and the jurisdiction
thereunto belonging we the subscribers being first sworn before the
Worshipfull Robert Couden to appraise & value the Schooner Sharp
whereof John Lurtie was master with her lading tackle & apparel in
sterling money as follows -
Hull masts & yards . . . . . . . . . . . . . . . . œ60. 0. 0
Sails riging anchors cables tackling boat included . 8l. 0. 0
Lading . . . . . . . . . . . . . . . . . . . . . . . 15. 0. 0
œ156. 0. 0
Annapolis August 3d 1767
Jno. Pitt
Jno. Carty
John Ball
And the Libellant prays the judgment of the Court and the Judge
assignes the hour of five o'clock of the evening of the same day to
hear the same when having on actively considered [f.61b] the
premises (the parties being here present) his Honour doth adjudge
decree that the Schooner Sharp & her lading tackle apparel &
furniture are forfeited & that they be & are condemned one third
part thereof to our Sovereign Lord the King one other third part
thereof to his Excellency Horatio Sharpe Esquire Governour of this
Province & the other one third part thereof to the informant John
Ridout Esq. Naval Officer afsd And further that on Saturday the
twenty second day of this instant August between the hours of three
& four of the clock afternoon at the Maryland Coffe House in
Annapolis the said Schooner & her lading tackle apparel & furniture
be exposed to sale by the Marshal at public sale by inch of candle
& that the person who becomes the best bidder is thereupon to
deposit into this Court the highest sum of money which he shall
have so bid to be divided and paid as afsd after a deduction there
out to be made by the Court of the Officers of the Court their just
fees & all such necessary charges expenses & disbursements
attending this prosecution condemnation & sale as to the Judge
shall appear right & reasonable & his Honour doth further order
that immediately & continually previous to the day of sale afsd the
Marshall cause public notice of the time & place of the said sale
to be given in the Maryland Gazette untill the time of the said
Sale.
And the Marshall on the said twenty second day of august
reports to the Judge that in persuance of the decree & order afsd
he exposed to sale the said Schooner & her lading tackle apparel &
furniture at public auction in the manner & at the time in the
decree mentioned (he having previously caused the notice to be
given as afsd) And that thereupon one Thomas Lawson gentleman bid
the sum of two hundred & fifty one pounds sterling therefor &
became the best & highest bidder.
And the register of the Court exhibits an account [f.62a] of
the tobacco fees arising on this suit on the part of the
prosecution which amount to two thousand & nineteen pounds of
tobacco wherefrom the Judge orders a deduction of two hundred &
three pounds of tobacco for ten per centum conveniences according
to the Act of Assembly which being made leaves net tobacco eighteen
hundred & sixteen pounds which is ordered to be reduced into
sterling money at twelve shillings (the present value thereof per
hundred pounds of tobacco & is ten pounds eighteen shillings
sterling in lieu of the said tobacco And likewise the Marshall
exhibits an account of the necessary charges expences &
disbursements further attending this prosecution condemnation &
sale amounting to fourteen pounds two shillings & two pence
sterling which being here proved is admitted by the Judge & is
ordered with the said ten pounds eighteen shillings (amounting
together to twenty five pounds & two pence) to be deducted out of
the afsd gross sum of two hundred & fifty one pounds & that the
residue & net thereof being two hundred twenty five pounds nineteen
shillings & ten pence be divided into three equal parts whereof
seventy five pounds six shillings & seven pence farthing being one
third part be paid to the collector of his Majestys customs for the
Port of Annapolis to the use of his Majesty and seven five pounds
six shillings & seven pence farthing being one other third part be
paid to his Excellency the Governour afsd And seventy five pounds
six shillings & seven pence farthing the other one third part of
the said residue be paid to the said John Ridout Esq.
And the collector afsd of the Port of Annapolis-afterwards
here comes into Court & acknowledges that the said Thomas Lawson
hath satisfyed to him the said seventy five pounds six shillings &
seven pence farthing sterling for the use of his Majesty And the
said John Ridout Esq. agent for his Excellency the said Governour
likewise here comes into Court & acknowledges the said Thomas
Lawson hath satisfyed to him the said seventy five pounds six
shillings and seven pence farthing sterling for the use of the said
Governour & also the seventy five pounds six shillings & seven
pence farthing sterling [f.62b] for his use as afsd.
On which his Honour doth further decree that the Schooner afsd
her lading tackle apparel & furniture are become the right &
property of the said Thomas Lawson and doth order that the Marshal
forwith deliver the same over to him the said Thomas Lawson
accordingly.
[f.63a] Maryland SST. At a Court of Vice Admiralty held at the
City of Annapolis in the Province of Maryland before the Honourable
John Beale Bordley Esquire Judge of the said Court on Wednesday the
seventh day of October in the year of the reign of our
Sovereign Lord George the Third King of great Britain, France &
Ireland & so forth, in the year of the Dominion of the right
honourable Frederick Absolute Lord, and Proprietary of the
Provinces of Maryland and Avalon, Lord Baron of Baltimore, and so
forth, & in the year of our Lord Christ one thousand seven hundred
and sixty seven -
Present
His Honour the Judge
Reverdy Ghiselin Register
William Yeldell Marshall
JGS. Daniel Wolstenholme Esq. )
agent )
The Sloop Maryland )
Joshua Ingraham Commander )
To the Honorable John Beale Bordley Esquire Judge of the Court
of Vice Admiralty of the Provice of Maryland -
The Libel of Daniel Wolstenholme Esquire, Collector of the
Port of North Potowmack against a Sloop vessel called Maryland her
tackle apparel, and furniture, and seventeen hogshead of rum, part
of the cargo of the said vessel now lying and riding at anchor at
Shipping Point within the District of the Port of North Potowmack
aforesaid, her captain and mariners.
Sheweth
That the said Sloop Maryland, Joshua Ingram, Commander, arrived in
the River Potowmack on or about the ninth day of this instant
September within this District of the Port of North Potomack
whereof your Libellant is Collector, having on board seventeen
hogsheads of rum the produce [f.63b] of some foreign colony or
plantation, and that a few days after the arrival as aforesaid the
said master came to the office of your Libellant to enter the said
vessel at which time he concealed his having on board the said
seventeen hogsheads of rum, and would have entered the said vessel
without giving any account thereof; And your Libellant further
sheweth that the said master had not at the time of his coming
aforesaid to enter the said vessel any proper certificate for the
said seventeen hogsheads of rum from the officer, where the same
were loaden on board pursuant to the directions of the statute -
wherefore the said vessel her tackle apparel, and furniture, and
also the said seventeen hogsheads of rum are become forfeit.
Your Libellant therefore prays a warrant for taking into
custody the said vessel, her tackle apparel, and furniture, and
also the said seventeen hogsheads of rum, and that your Honour will
make such Decree concerning the premisses as the statute directs.
Thos. Jenings, pro Libellant
[f.64a] Maryland SS
At a Court of Vice Admiralty held at the City of Annapolis in
the Province of Maryland before the Honourable John Beale Bordley
Esquire Judge of the said Court on Monday the third day of October
in the year of the reign of our sovereign Lord George the
third King of great Britain, France and Ireland and so forth and in
the year of the Dominion of the right honourable Frederick
Absolute Lord, and Proprietary of the Provinces of Maryland and
Avalon, Lord Baron of Baltimore, and so forth viz. in the year of
our Lord Christ seventeen hundred and sixty eight.
Present
The Honourable John Beale Bordley Esq. Judge
Wm. Yeldell Marshall)
John Ridout Esquire ) Reverdy Ghiselin Regr
- )
The Schooner Hawk )
To the Honourable John Beale Bordley Esquire Judge of the
Court of Vice Admiralty of the Province of Maryland.
The Libel of John Ridout Esquire Naval Officer of the Port and
District of Annapolis in the said Province against the Schooner
said to be called the Hawk square sterned of the burthen of twenty
tons or thereabouts whereof one Vickars is said to be master, and
a certain Paul Loyal of Norfolk in Virginia is said to be owner
riding at anchor in the port and harbour of Annapolis, her lading
rigging and furniture -
Your Libellant informeth that the said Schooner hath
frequently traded to and from his Majesty's plantations in America,
and transported goods from one to the other and particularly that
the said Schooner hath at different times brought salt, and [f.64b]
other commodities and landed the same in this Province, and hath
received on board quantities of bread and flower in casks, and
other the produce of this Province in order to carry the same to
some other of his Majesty's plantations without being legally
authorized so to do, and without having any register for the said
vessel or giving a plantation, or any bond whatever for the
delivery of the goods, and cargo in some of his Majesty's
plantations, pursuant to the directions of the statutes, and
without ever being legally entered.
Your Libellant further informeth your Honour that the said
Schooner lately arrived in this Province, and has taken on board
her cargo, or part of her intended cargo without ever entering at
any port, or custom-house in the said Province and without having
any register, plantation, or other bond; and without having any
warrant, permit, sufferance, or certificate from any officers of
the customs in the Province of Maryland, authorizing him to trade,
or to take any goods, commodities, or produces on board the said
Schooner within the aforesaid Province for which reasons your
Libellant went on board the said Schooner and having demanded of
the aforesaid Vickars the master of the said Schooner whether he
could produce, or had any of the aforesaid papers he replied in the
negative.
Whereupon your Libellant made seizure of the said vessel and
such part of her intended cargo as had been taken on board
apprehending the same to be liable to condemnation, and forfeiture
for the several reasons herein before alledged, and set forth such
proceedings being as your [f.65a] Libellant apprehends contrary to
the form of the several statutes in such cases made and provided.
Wherefore he prays the warrant of the Court directed to the Marshal
thereof authorizing and requiring him to take into his care and
custody the said vessel and cargo, and that your Honour will make
a Decree in the premisses agreeable to the statutes aforesaid -
Thos. Jenings, pro Libellant
And warrant and citation thereon issued in usual form by Order of
the Judge, as followeth -
Maryland to wit. John Beale Bordley Esquire Judge of the Court of
Vice Admiralty for the Province of Maryland, and the jurisdiction
thereunto belonging. To all, and singular his Lordships the Right
Honourable the Lord Proprietary's justices, constables, mayors,
bailiffs and others his Lordships officers within this Province but
especially William Yeldell Marshal of the same Court. Greeting you
are commanded to take into your custody the Schooner said to be
called the Hawk square sterned of the burthen of twenty tons, or
thereabouts whereof one Vickars is said to be master, and a certain
Paul Loyal of Norfolk in Virginia is said to be owner riding at
anchor in the port and harbour of Annapolis her lading, rigging,
and furniture and them safe keep until further Order be made, or
done therein. And you are hereby required to cite, and summon the
said Commander, and the mariners of the said Schooner to be, and
appear at the Court of Vice Admiralty to be [f.65b] held at the
City of Annapolis the third day of October to answer unto the Libel
and complaint of John Ridout Esquire against them in the said Court
exhibited. Hereof fail not at your peril. Witness myself this
19th day of September in the seventh year of the reign of our
Sovereign Lord King the Third, etc: Anno Domini 1768
Reverdy Ghiselin Regr
And the said Marshal on the said nineteen day of September here
makes return of the warrant and citation aforesaid and certifies
the execution, and service thereof in these words, to wit -
I hereby certify to the Honourable high Court of Admiralty
that by virtue of the within precept to me directed I have taken
into my custody the vessel within named her lading, rigging and
furniture within mentioned, and that I have conveyed the same to
the port, and harbour of Annapolis as by the within writ, I am
commanded.
So answers Willm. Yeldell
On motion of the Actor the Marshall makes return of warrant
endorsed thereon.
Upon motion of the actor that proclamation be made for those
who have claim to the said Schooner, and loading etc. to appear,
and defend the same, it is ordered accordingly.
Thereupon proclamation is made, that all persons who have any
right, interest, property, claim, or demand [f.66a] of in, or to a
certain Schooner called the Hawk now lying in the harbour of
Annapolis, her lading, tackle apparel, or furniture against which
a Libel is now depending in this, his Lordship's Court of Vice
Admiralty by John Ridout Esquire, who as well etc. in this behalf
prosecutes etc. let them come forth & shew cause, if any they have
why condemnation of the said Schooner with her lading, tackle
apparel & furniture aforesaid should not be had etc. else their
first default will be pronounced & recorded.
The above proclamation being three times openly made, and no
person appearing to defend, or claim the actor moved, that a
warrant might issue to appraise the said Schooner and lading etc.,
to be returned without delay & that default be pronounced and
recorded as afsd & it is done accordingly.
Ordered that the said warrant issue returnable 5 o clock this
after=noon. Which warrant according, issued. On motion of the
actor a second proclamation was made as above mentioned & no person
appearing, or claiming property the actor moves that a second
default be pronounced, and recorded and it is done accordingly.
On motion of the actor a third proclamation was made as above
mentioned, and no one appearing, or claiming property the actor
moved that the third default be pronounced, and recorded and it is
done accordingly.
The actor returns the warrant of appraisement, and prays the
same return thereon be read & filed, and it is done.
Whereupon the actor prays that the premises being considered
[f.66b] the said Schooner with her lading, tackle apparel, and
furniture by Decree of this Court be condemned. Thereupon his
Honour doth adjudge, and decree, that the said Schooner called the
Hawk, and her lading, tackle apparel, and furniture are forfeited,
and that they be and are condemned one third part thereof to our
sovereign Lord the King, one other third part thereof to Horatio
Sharpe Esquire Governor of this Province, and the other one third
part hereof to the informant John Ridout Esquire naval officer as
aforesaid. The actor then moves the Court, that the condemned
premises might be sold etc. Thereupon it is ordered that on Monday
the tenth day of this instant October between the hours of eleven,
and twelve of the clock of the Forenoon at the Maryland Coffee
House in Annapolis the same be exposed by the Marshall to publick
sale by inch of candle, that the person who becomes the best bidder
is thereupon to deposit into this Court the highest sum of money,
which he shall so bid to be divided and paid as aforesaid after a
deduction thereout to be made by Order of the Court of the just
fees of the officers, and all such necessary charges expenses, and
disbursements attending this prosection, condemnation, and sale, as
to the Judge shall appear right, and reasonable, and his Honour
doth further Order that the Marshall cause the most publick notice
of the time and place of the said sale to be given, as usual.
On motion for the Judge's direction, that the boat is not
included within the general charge of the Libel, and so not
condemned [f.67a] and may be delivered over to the captain of the
Schooner, his Honour declares that he does not understand the boat
to be included in the Libel and that the Marshall has returned
nothing taken by him on the warrant more than is contained in the
Libel. That the Libel affecting only what are contained therein,
he thinks the property in the boat is determinable in the ordinary
courts of common law And therefore declines making any order
concerning it.
On motion of the actor, it is ordered that the Marshall
publish the following terms of sale of the condemned premisses to
be observed by all concerned Viz -
1st. That the vessel, tackle apparel and furniture be sold in
the lott the thirty three barrels of flower in another lott and the
pine barrels of bread in another lott separately in sterling money.
2nd. That the highest bidder for each lott deposit in this
Court immediately on the bidding at the rate of ten percent on the
whole sum so bid to be forfeited, and subject to the Order of this
Court in case he shall not pay the whole sum by him so for each
respective lott last bid within 24 hours of the said deposit made,
and the condemned premisses in case of such non payment, or
forfeiture to be subject to the further Order of the Court, each
bid not to be less than twenty shillings sterling.
3rd. That upon the whole sum bid being actually paid
according to the decree of the said Court the purchaser on
application will receive the Judges Order to the Marshall to
deliver the goods he shall have so paid for from which time his
property therein [f.67b] is to vest and take place, and not
otherwise.
And that upon the person who shall become the best bidder
paying there out to the Officers of the Court their just fees, and
all necessary charges, expenses, and disbursements, attending the
prosecution, condemnation and sale, as by the Judge shall be
allowed to be right, and reasonable, And also paying the whole
residue of the purchase money aforesaid in thirds, as aforesaid
that is to say 1/3 part thereof to his Majesty's Collector for the
Port of Annapolis to the use of his Majesty as aforesaid, one other
1/3 part thereof to his Excellency the Governor, and the other 1/3
part thereof to John Ridout Esquire, he the said best bidder may
then on his motion, and vouchees produced in Court have the Order
of the Court impowering and directing the Marshall to deliver over
to him such of the said condemned goods as he shall have so paid
for.
Per Order Reverdy Ghiselin, Reg.
I hereby certify that in obedience to the Order of the High
Court of Admiralty, I did this day expose to publick sale at the
Maryland Coffee House between the hours of eleven and twelve of the
clock in the forenoon of the same day the Schooner Hawk her tackle
apparel, and furniture, when James Nevin being the highest bidder,
[f.68a] he bidding the sum of seventy seven pounds sterling the
same knocked off to him. I also further certify, that at the same
time I exposed her lading consisting of thirty three barrells of
flower, and nine barrels of bread, when Samuel Vickars being the
highest bidder he bidding the sum of twenty four pounds seventeen
shillings and sixpence sterling the same was knocked off to him.
Given under my hand this 16th day of Oct. 1768.
Willm. Yeldell
Maryland to wit.
By the Court of Admiralty
11th Oct. 1768
Ordered that the Marshall of this Court deliver over to James
Nevin the Schooner Hawk lately condemned in this Court together
with her tackle apparel, and furniture the same being sold to the
said James Nevin by Order of this Court.
Per Order R. Ghiselin Reg.
(On the back of the aforegoing was thus indorsed - to wit)
Received the within Schooner, tackle & apparel
October 12, 1768 & James Nevin
Maryland to wit By the Court of Admiralty
11th Oct. 1768
Ordered that the Marshall deliver to Capt Samuel Vichars thirty
three barrels of flower and nine barrels of bread, the lading of
the Schooner Hawk lately condemned in this Court, and sold to the
said Samuel Vickars at publick sale by Order of this Court.
Per Order R. Ghiselin Register
To Wm. Yeldell) (On the back of the above was thus
Marshall ) indorsed to wit)
Rece'd the within flower, and bread from on board the Schooner
Peecok this 11th October 1768
Per me Sam. Vickers
[f.68b] I acknowledge to have received the sum of twenty four
pounds, seven shillings, and four pence sterling for the Kings neat
thirds of the Schooner Hawke, and cargoe seized, and condemned in
the Court of Vice Admiralty of this Province of Maryland, this
eleventh day of October 1768.
John Davidson Dep. Col.
I acknowledge to have received the sum of twenty four pounds
seven shilling, & four pence sterling for the use of his Excellency
Horatio Sharpe Esq. being his neat third of the proceeds of the
Schooner Hawk, and her cargo. I acknowledge to have received also
twenty four pounds, seven shillings, and four pence sterling in
full of the third part of the proceeds of said vessel and cargo due
to myself. October 11th, 1768.
J. Ridout
[f.69a] Blank
[f.69b] Blank
-----------------------------------------------------------------
[f.70a] Maryland SS
At a Court of Vice Admiralty held at the City of Annapolis in
the Province of Maryland before the Honourable John Beale Bordley
Esquire on the twentieth day of May in the year of the reign
of our sovereign Lord, George, the third King of great Britain,
France and Ireland, and in the year of the Dominion of the
right honourable Frederick, Absolute Lord, and Proprietary of the
Provinces of Maryland, and Avalon, Lord Baron of Baltimore, and so
forth, and in the year of our Lord Christ one thousand seven
hundred, and sixty nine.
Present
The honourable John Beale Bordley Esq. = Judge
R. Ghiselin Reg.
Andrew Ragg )
vs. )
Sloop Hannah & Cargo )
Whereas heretofore on the 20th of this instant May in the year
seventeen hundred and sixty nine in the Court of Vice Admiralty for
the Province of Maryland before me John Beale Bordley Esquire Judge
of the said court, Andrew Ragg Comptroler of his Majesty's Customs,
within the District of Pocomoke in the said Province by his Proctor
duly constituted, exhibited his Libel against the Sloop called the
Hannah now riding at Anchor within the Port of Annapolis whereof a
certain Levy Robinson is master, her lading, and rigging thereby
setting forth that the said Sloop received on board in the Colony
of New England a large quantity of pigg iron in order to carry the
same, and other goods to some other of his Majesty's Plantations
without being legally qualified, and authorized so to do, and
without having a proper Register for the said vessel, or giving
Plantation Bond for the delivery of the goods, and cargo in [f.70b]
some of his Majesty's Plantations, as he the Libellant is informed,
and believes to be true. And that the said Levy Robinson
transported, and carried the said iron to the Colony of New York,
and there falsely, and fraudulently obtained a register for the
said Sloop by producing the Register of a vessel called the
Defiance, which had been before wrecked, and affirming the said
Register to have been taken out and granted for the said Sloop said
to be called the Hannah, and that she came last from this Province
but the said Levy Robinson never gave up, or cancelled the
Register, that had been truly granted for the said Sloop, if any
such there was, and that he entered the said Sloop in the Colony of
New York by producing the said false Register of the above
mentioned vessel which had been wrecked. That the said Levy
Robinson is owner of the said Sloop said to be called the Hannah
but is not nor ever was an inhabitant of this Province, but that he
entered her as an inhabitant thereof. That at _____________ the
said Register in the fraudulent manner aforesaid the said Levy was
owner, and master of the said Sloop called the Hannah, but that he
never made the, or required by the statutes, and unloaded the said
pigg=iron and other goods in the said Colony of New=York, before he
took the said oaths, but that a certain Reuben Delano entered the
said Sloop, as his property, and made oath accordingly as to the
said property whereby as the said Libellant by his said Libel
further setteth forth the said Sloop called the Hannah her tackle
apparel, furniture, and cargo, becomes forfeit, and thereupon he
prayed a warrant directed to the Marshall of [f.71a] the Court
commanding him to take into his custody the said Sloop said to be
called the Hannah together with her cargo for their safe keeping
until sentence should be made in & upon the premises.
And the same being granted, and the said warrant duly served,
and returned into Court, and sufficient security with the assent of
the Libellant being given in Court in the penalty of sixty pounds
sterling money to answer the costs and charges of prosecution
acertai Levy Robinson, as master, and owner of the said Sloop
Hannah, and Reuben Dulano, as owner of the cargo of the said Sloop
prayed leave to plead to the Libel aforesaid, and they are admitted
thereupon, and put in their plea to the said Libel setting forth by
protestation that all the matters, and things alledged in the said
Libel to have been done by them respectively, if in fact done, were
had, and done in the Colony of New=York, and not elsewhere for plea
they respectively set forth that the several charges, facts, and
offenses alledged in the said Libel are cognizable only to the
Courts of the said Colony of New=York, and not elsewhere and
further, that if they are cognizable in this Province it is only in
the Courts of Record, and the proceedings should have been by Bill
Plaint, or information, and conclude their said plea with demanding
the judgment of this Court and an humble injunction to such Order,
as shall be made in the process.
Whereupon the Proctor for the Libellant moved for a day for
this cause to be heard upon the Libel, and plea, & a [f.71b] day
was then appointed for the hearing thereof. On which day being the
13th of May in the year 1769 aforesaid the parties aforesaid by
their respective Advocates duley admitted here appeared and the
substance of the Libel and plea appearing to be as is before
recited.
Thereupon, and upon full debate of the matter, and hearing the
allegations of the respective Advocates, and all, and singular the
matters which by law ought to be observed, being carefully
considered, for as much as it appears to me, that the matter of the
said Libel is not cognizable in this Court which by law of the and
hath not jurisdiction to hold plea thereof, or pass sentence of
condemnation against the said Sloop, and cargo, either of them, for
the causes aforesaid or to compeld the said Defendants to answer to
the Libel aforesaid, and also because of the uncertainties, and
insufficiencies of the said libel apparent in itself. I do
therefore by this my definitive sentence and decree, which by these
presents I do promulge pronounce, declare, and decree that the
Libel in this cause be hence dismissed with the costs taxed to
seven hundred, and sixty pounds of tobacco, to be paid by the said
Libellant into the Defendants & that the said Sloop with her tackle
apparel, furniture and cargo be delivered to the said master, &
owner by the Marshall in whose custody they are.
To wit R. Ghiselin J. B. Bordley Judge Court of V.A.
Benjamin Ford 3lst May 1769
[f.72a] Maryland SSt At a Court of Vice Admiralty held at the
City of Annapolis in the Province of Maryland before the Honourable
John Beale Bordley Judge of the said Court on Monday the twenty
eighth day of May in the year of the reign of our Sovereign
Lord, George the third King of Great Britain, France, and Ireland,
and so forth, and in the year of the Dominion of the Right
Honourable Frederick, Absolute Lord, and Proprietary of the
Provinces of Maryland, and Avalon, Lord Baron of Baltimore, and so
forth, and in the year of our Lord Christ one thousand, seven
hundred, and seventy.
Present
The honourable John Beale Bordley Esquire Judge
Wm. Nevin Marshall, R. Ghiselin Reg.
Basil Sewall & other )
a )
The Schooner Liberty )
Baster Griffin Commander
To the honourable John Beale Bordley, Esquire, commissary, and
Judge of the Court of Vice Admiralty of the Provinces of Maryland.
The Libel of Bazell Sewell of Talbot County ship carpenter Isaac
Harris of the City of Annapolis in Ann=Arundel County,
Blacksmith, and William Lux, and Daniel Bowley of Baltimore County,
Ship Chandlers against the Schooner Vessel Liberty Baxter Griffin,
her late master, her tackle apparel, and furniture now ready at
anchor in Patapsco River, sheweth, that your Libellant Basell
Sewell constructed, and built the aforesaid Schooner Vessel on the
eastern side of Chesapeak Bay to wit on the high seas within the
Province of Maryland and within the jurisdiction of this Court for
Navigation upon the high sea [f.72b] at the rate of fifty five
shillings per ton. That he hath not received in payment, or
satisfaction thereof more than the sum of eighty six pounds, seven
shillings and nine pence current money. That your same Libellant
also constructed, and built at the same place a boat for the same
Schooner Vessel thirteen foot in the koll of the value of ten
pounds current money, and that there is due for the same Schooner
Vessel, and her boat the sum of twenty eight pounds, two shillings,
and three pence current money as by an account thereof herewith
into Court brought, and which this Libellant prays may be taken as
part of this his Libel may appear.
That your Libellant Isaac Harris found, and procured for the
said Schooner Vessel all the iron work the particulars whereof
appear by the account herewith into Court brought, and which this
Libellant prays may be taken as part of this his Libel amounting to
the sum of thirty one pounds, three shillings current money for
which he hath not received any payment or satisfaction. Wherefore
your Libellant pray due process of law, and the sentence, and
decree of this honourable Court against the said Schooner Vessel,
her tackle apparel & furniture. And that the said Schooner
together with her tackle apparel, and furniture may be by sentence
and decree of this honourable Court condemned, and sold, and that
out of the money arising from such sale your Libellants may be
paid, and satisfied their respective claims or otherwise that your
Honour would order, and do therein and shall appear lawfull, just,
and right. [f.73a] And your Libellants further pray that the said
Baxter Griffin master of the said Schooner Vessel may be cited to
appear before this honourable Court. And your Libellant shall ever
pray etc.
Ja Tilghman 3rd, proctor & of council per Libellants
Let process issue as prayed
J.B. Bordley, May 14, 1770
That your Libellants Wm. Lux, and Daniel Bowly found and
provided for the said Schooner Vessel cordage, Duck, and other
materials, and necessaries for the rigging of the said Schooner,
the particulars whereof appear by the account herewith into Court
brought, and which these Libellants pray may be taken as part of
this their Libell amounting to the sum of one hundred thirty five
pounds, fifteen shillings, and eleven pence half penny current
money, and that the balance of one hundred pounds, nineteen
shillings, and seven pence half penny is still due, and owing to
the said Libellants.
Maryland to Wit,
John Beale Bordley Esquire Judge of the Court of Vice
Admiralty for the Province of Maryland and the jurisdiction
thereunto belonging. To all, and singular his Lordships the right
honourable the Lord Proprietarys justices, constables, mayors,
bailiffs and others his Lordships Officers within this Province but
especially to William Nevin Marshall of the same Court. Greeting,
you are hereby commanded to take [f.73b] into your custody the
Schooner Vessel Liberty now riding at anchor in Patapsco River,
whereof one Baxter Griffin is said to be master together with her
tackle apparel, and furniture, and them safe keep until further
Order therein, be done, and you are hereby required, to cite, and
summon the said Baxter Griffin, to be, and appear at the said Court
of Vice Admiralty to be held at the City of Annapolis the twenty
eighth day of May instant to answer unto the Libel, and Complaint
of Basell Sewell, Isaac Harris, and William Lux, and Daniel Bowley
against the said Schooner Vessel Liberty in the said Court
exhibited. HEREOF fail not at your peril. Witness myself this
fourteenth day of May in the year of our Lord seventeen hundred and
seventy.
Per Ord. R. Ghiselin Reg. of the Court
of Vice Admiralty
(On the back of the above Writ was thus endorsed
I hereby certify that I have obeyed the directions of the within
precept by taking into my custody the Schooner Vessel Liberty
together with her tackle apparel, and furniture, and I further
certify that I have cited, and summoned the within, named Baxter
Griffin to be, and appear at the day, and place within mentioned to
answer unto the Libel, and Complaint of the within named Basil
Sewell, Isaac Harris, William Lux, and Daniel Bowley against the
said Schooner Vessel Liberty as by the within writ I am commanded.
So answers - Wm. Nivery
26th May 1770
[f.74a] MARYLAND SST Robert Eden Esq. Lieutenant General and
Chief Governor in and over the Province of Maryland and Admiral
thereof. To the Honourable George Steuart of the City of Annapolis
Esq. Greeting - Out of the especial trust and confidence I have in
your fidelity, integrity, circumspection and knowledge I do hereby
direct and impower you to take cognizance of and proceed to hear
and determine all causes civil and maritime and all plaints,
contracts, offences or crimes so accounted pleas debts, exchanges,
assurances accounts charter parties agreements and writings
concerning the lading of ships and vessells and in all other
bussiness and contracts which concern mariners for their ships
convoys and freight or mariners wages or in any wise thereto
relating also suits, trespasses, injuries, extortions and demands
and all civil and maritime matters whatsoever between merchants in
between masters and owners of ships or other vessels and merchants
and other persons whatsoever with the said masters or owners of
ships and of all other vessells whatsoever occupied or used or
between any other persons whatsoever had made commenced or
contracted for any thing matter or cause or bussiness whatsoever as
well in or upon, or through the sea, the publick streams, ports,
fresh waters rivers, creeks or places overflowed with water
whatsoever within the flux and reflux of the sea and water to high
water mark, as upon the shores or banks whatsoever to them or any
of them, adjacent expedited or to be expedited together
all and singular their incidents emergencies and causes whatsoever
annexed and connexed or in what manner soever the causes plaints
and other the premises aforesaid or any of them may happen to arise
to be transacted drawn or made (according to the civil and maritime
laws of the High Court of Admiralty of Great Britain) within this
[f.74b] Province and the territories to the same belonging and also
in any of the city's towns or places in the aforesaid province for
the like causes and matters to wit, hear and determine according to
justice and judicially and lawfully to proceed, together with all
and singular their incidents emergencies dependences and causes
annexed or connexed whatsoever and furthermore to compel witnesses
(if for good will hatred, favor or fear or for any other cause
whatsoever they shall withdraw themselves) to give their testimony
to the truth in all or any of the like causes according as right
requireth, and furthermore to take all recognizances obligations
sureties and stipulations as well on the part or instance of any
person whatsoever for any contracts debts or other matters causes
or bussiness whatsoever and thenput in execution and cause or
command them to be executed and also duly to enquire of and take
into your custody all and singular the goods of traitors pyrates
manslayers felons fugitives and Felo's de se and of all bodies and
persons drowned slain, or in any wise coming to their death in the
sea ports rivers publick streams or creeks and places whatsoever
overflown and of maritime happening in any of the places aforesaid
and of all unlawful and forbidden, engines and netts and of the
occupiers and users thereof and of all royall fish Viz. whales,
sharks, grampusses dolphins sturgeons and all other great large
fish whatsoever to the Right Honourable the Lord Proprietary of
this Province belonging in right of his admiralty thereof and also
of, and upon, all goods left on the sea wrecks flotsoms, jetsoms,
lagans shoars cast upon the sea and wrecks of the sea and goods had
or accounted to be forfeited or by any chance or fortune found or
to be found, and of all trespasses faults offences enormities and
crimes maritime whatsoever, as well upon the high sea as in or upon
all and any of the ports rivers fresh waters and creeks or sea
shores and to the height of the water from any the first bridge
towards the sea in and through this Province howsoever belonging to
the maritime crafts thereof whensoever and howsoever coming and
happening committed and done or to be perpetrated and committed
discovered and found and to tax moderate exact collect and levy all
fines mulcts Amerciaments and compositions whatsoever in the past
due or to be due and then lawfully to command and compel to be
collected and paid and also to proceed in all and singular the
matters aforesaid and in all other causes contempts and offences
whatsoever and howsoever contracted or if so be the goods or
persons of the offenders shall be found within the jurisdiction of
the Court [f.75a] of Admiralty within this Province according to
the laws civil and maritime and customs of old used in his
Majesty's high Court of Admiralty of Great Britain, and by such
other lawful ways manners and means as you may better know and can
proceed and such causes and contracts to hear examine discuss and
finally determine saving netheless the right of appealing and also
to arrest command and cause to be arrested the ships persons
effects goods wares and merchandizes whatsoever for the premisses
and for any of them, or other causes whatsoever concerning them in
what places soever within the Provinces of Maryland aforesaid or
the territories thereof, they shall happen to be or be found in or
without the liberties and to compel all persons whatsoever in that
part as the case shall require to appear and answer with the power
of inflicting any punishment or mulct according to the laws and
customs aforesaid and to do and cause justice to be done therein
and also summarily and plainly to proceed the order of right being
preserved or the sail lifted up without noise and the figure of
judgment alone being made and the truth of the thing inspected And
I do further commit and by the tenor of these presents grant you
full power and authority to fine correct punish, and chastize and
reform all guilty persons imprisoned and all violaters and usurpers
of the rights of the Court of Admiralty within this Province and
all delinquents and contumaciously absenting sailors mariners,
fishermen boatmen and other workmen having skill or exercising
maritime affairs as well according to the aforesaid civil and
maritime laws ordinances and customs aforesaid and their deserts as
also according to the statutes and ordinances of the Kingdom of
Great Britain, in that part published and provided and them to
imprison and cause to be imprisoned in any of the prisons within
the Province of Maryland or the maritime places thereto belonging
and such persons so imprisoned who ought to be delivered therefrom
to command, and cause to be delivered and altogether to be
acquitted and discharged And do hereby grant unto your power and
authority of promulgating or interposing all decrees and sentences
whatsoever and them to command to be executed together with the
cognizance and jurisdiction, of all other causes civil and maritime
commenced or to be commenced in which any ways concern or relate to
the sea affairs or the transporting or passage over the sea, or any
naval journey or maritime voyage or maritime jurisdiction,
aforesaid also [f.75b] with power of proceeding therein according
to the civil and maritime laws and customs aforesaid of the high
Court of Admiralty of Great Britain of old used as well of more
office mixt or promoted as at the instance of any party as the case
shall require and it shall seem expedient And do grant you full
authority to execute all and singular the premisses in the places
aforesaid expressed And I do hereby appoint you the said George
Steuart my commissary in the said Province and territories
aforesaid during pleasure Hereby Granting unto you the said George
Steuart all fees profits, and advantages to the said office any
ways belonging And I do hereby command all justices of the peace
mayors sheriffs, keepers of goals and other officers and ministers
within this Province to be aiding and assisting you as becometh as
they will answer to the contrary at their peril.
Given at the City of Annapolis this first day of May in the second
year of the Dominion of the Right Honourable Henry Harford, Esq.
Anno Domini 1773
Signed by Order
U. Scott
The aforegoing commission was thus endorsed Viz:
Maryland to wit 1st of May 1773
I do hereby certify that George Steuart Esq. qualified under
the within commission by taking the several oaths to the government
repeating and subscribing the oath of abjuration and test and also
by taking the usual oath of office before
J. Hepburn
Recorded May 3rd, 1773
[f.76a] At a Court of Vice Admiralty held at the City of
Annapolis in the Province of Maryland before the Honourable George
Steuart Esq. Judge of the said Court on Monday the 3rd day of May
in the 13th year of the reign of our Sovereign Lord George the
third King of Great Britain, France and Ireland and so forth, and
in the 2nd year of the Dominion of the right Honourable Henry
Harford Esq. absolute lord and proprietary of the Province of
Maryland and in the year of our Lord Christ one thousand seven
hundred and seventy three.
Present
His Honour the Judge
William Nevin Marshall
R Ghiselin Register
George Steuart Esquire above named produced his commission in
usual form bearing date the first day of May 1773 appointing him
sole Judge of the Court of Vice Admiralty of this Province with a
certificate thereon Indorsed of his=qualification - as such in the
usual form before John Hepburn Esquire one of the Justices of the
provincial Court of the said Province of Maryland.
Reverdy Ghiselin produces his commission appointing him
Register of the said Court with a certificate of his qualification
as such in the usual form before the Worshipful
William Nevin is by the Court appointed Marshall thereof
Robert Moreton land waiter, weigher, gauger & preventive officer of
his Majesties customs within this Province exhibits to the Court
here his Libel and Complaint as follows to wit
Robert Moreton )
a )
The Sloop Speedwell )
To the Honourable George Steuart Esq. Judge of the [f.76b]
Court of Vice Admiralty of the Province of Maryland.
The Libel of Robert Moreton land waiter, weigher gauger and
preventive officer of his Majestys customs against the Sloop
Speedwell said to be square sterned of the burthen of eighty tons
or thereabouts, whereof one Charles Allen is said to be master
residing at anchor in Patapsco River.
Your Libellant informeth that the said Sloop trades to and
from his Majestys plantations in America and that she lately
arrived in this province having on board diverse goods of the
growth product and manufacture of Europe not laden in great Britain
particularly great quantities of salt and wine without being
legally qualified or authorized so to do and that she lately
arrived in this Province having on board divers goods and hath
broke bulk and unladen the same without entering at any port and
Custom House in this Province and before any account had been given
of the said vessel and her cargoe or any part thereof, or any
certificate produced for the same wherefore he prays the warrant of
the Court directed to the Marshall thereof authorizing and
requiring him to take into care and custody the said vessel and
cargo and that your Honour will make a decree agreeable to the
statutes in such cases made and provided.
3rd May 1773 Thos. Jenings
Let warrant issue as prayed for Libellant
Geo. Steuart
And warrant & citation thereon issued accordingly in usual
form by order of the Judge as followeth.
Maryland to wit, George Steuart Esquire Judge of the Court of
Vice Admiralty for the Province of Maryland and the jurisdiction
thereunto belonging To all and [f.77a] singular the Right
Honourable Henry Harford Esquire his justices, constables, mayors,
baillifs and other his officers within this Province but especially
William Nevin Marshall of the same Court Greeting You are commanded
to take into your custody the Sloop Speedwell said to be square
sterned of the burthen of eighty tons or thereabouts, whereof one
Charles Allen is said to be master residing at anchor in Patapsco
River, her lading rigging and furniture and them safe keep until
further order be made or done therein And you are hereby required
to cite and summon the said commander and the mariners of the said
Sloop to be and appear at the Court of Vice Admiralty to be held at
the City of Annapolis the tenth day of May instant to answer unto
the Libel and Complaint of Robert Moreton land waiter, weigher,
gauger and preventive officer of his Majestys customs against them
in the said Court exhibited. Hereof fail not at your peril.
Witness myself this third day of May in the thirteenth year of the
reign of our Sovereign Lord George the Third King of Great Britain
France and Ireland, etc. etc. Annoque Domini 1773
The Court then adjourned to the 10th
day of May instant.
May 10th the Court met
At which time the Marshall
makes return to the Court here Reverdy Ghiselin Register
of the citation and warrant
aforesaid as followeth to wit
I hereby certify to the Honourable Court of Admiralty that I
made diligent search after the Sloop within mentioned called the
Speedwell and that she is not to be found. Given under my hand
this 10th of May 1773.
Wm. Nevin
Thereupon on the prayer of the Libellant by Thos. Jenings Esq.
his proctor. It is Ordered by his Honour the Judge that the
warrant and citation afsd be renewed and that the Marshall make
return thereof with all convenient speed.
20th May 1773. The Court met again and the Marshall makes return
of the renewed warrant and citation as follows which warrant and
citation is as followeth to wit
[f.77b] Maryland to wit George Steuart Esquire Judge of the Court
of Vice Admiralty for the Province of Maryland and the jurisdiction
thereunto belonging. To all and singular the Right Honourable
Henry Harford Esquire his justices, constables mayors, bailliffs
and other his officers within this Province but especially William
Niven Marshall of the same Court Greeting You are commanded to
take into your custody the Sloop Speedwell said to square sterned
of the burthen of eighty tons or thereabouts whereof one Charles
Allen is said to be master her lading rigging and furniture and
them safe keep until further order be made or done And you are
hereby required to cite and summon the said commander and mariners
of the said sloop to answer unto the Libel and complaint of Robert
Moreton land waiter, weigher, gauger and preventive officer of his
Majestys customs against them in the said Court exhibited Hereof
fail not at your peril and make return of this precept with all
convenient speed Witness myself this 10th day of May in the
thirteenth year of the reign of our Sovereign Lord George the third
King of Great Britain France and Ireland etc. Annoque Domini 1773
Per Ord. R. Ghiselin Reg.
C. V. A.
At which time the Marshall makes return to the Court here of
the citation & warrant as follows
I hereby certify that I have obeyed the directions of the
within precepts by taking into my custody the Sloop Speedwell her
rigging and furniture and I further certify that I have cited and
summoned the commander and mariners of the said Sloop that they be
and appear before the Court of Vice Admiralty to answer unto the
Libel and complaint of Robert Moreton land waiter, weigher gauger
and preventive officer of his Majesties customs against the said
Sloop Speedwell as by the within precept I am commanded.
So answers Wm. Niven
On motion that proclamation be made for those who have claim
to the said Sloop are to appear and defend [f.78a] the same it is
Ordered accordingly.
Thereupon proclamation is made in the usual form -
Whereupon Solomon Allen owner of the said Sloop appears in
Court here and files the following bond Viz.
Know all men by these presents that we Solomon Allen and James
Williams of the City of Annapolis in the Province of Maryland gent
are held and firmly bound unto Robert Moreton Esq. in the just and
full sum of sixty pounds sterling to be paid unto the said Robert
Moreton his certain attorney executors administrators or assigns.
To the which payment well and truly to be made and done we bind
ourselves our heirs executors and administration jointly and
severally firmly by these presents sealed with our seals and dated
this twentieth day of May Anno Domini seventeen hundred and seventy
three.
Whereas the above named Robert Moreton hath exhibited a Libel
in the Court of Vice Admiralty of the Province of Maryland against
the Sloop Speedwell and her cargo whereof one Charles Allen is said
to be master. Now the condition of the above obligation is such
that if the said Charles Allen shall well and truly pay and satisfy
unto the said Robert Moreton his heirs executors administrators or
assigns all such sums of money and tobacco as by his Honour the
Judge of the said Court of Admiralty shall be decreed and sentenced
to be paid unto the said Robert Moreton for or on account of the
costs arising or which shall here after arise in and about the
prosecution of the said Libel in the said Court then the above
obligation to be void else to be and remain in full force.
Sealed and delivered Solomon Allen [Seal]
in the presence of
the words jointly and severally
first interlined and the words Charles, James Williams [Seal]
Charles being also interlined before
sealing and delivery
R. Ghiselin
Jno. Creagh Mackubin
[f.78b]The Defendant files in Court here his answers to the Libel
and complaint afsd as follows.
The answer of Solomon Allen of Baltimore County (who claims
property in the Sloop Speedwell and her cargo to the information
and Libel of Robert Morton against the said Sloop Speedwell & her
cargoe.
This respondent saving and reserving to himself all and all
manner of benefit of exception and advantage to the manifold
untruths incertainties and insufficiencies in the said Libel
alledged, answereth and saith that he doth admit it to be true that
the said Sloop trades to and from his Majesties plantations in
America and that she lately arrived in this Province, but denies
that she had on board to his knowledge at the time of her arrival
any goods of the growth product and manufacture of Europe.
This respondent further saith that the said Sloop had on board
at the time of her arrival at the Port of Annapolis the quantity of
fifteen hundred bushels of salt or thereabouts as he believes which
she laded with at Turks Island being the produce of that island,
but this respondent denies that there was any wine or other
commodities on board save only the salt afsd to the best of his
knowledge and belief and stores for the said vessel. This
respondent further saith that upon the arrival of the said Sloop in
the river Potapsco Charles Allen the master, set off for the City
of Annapolis to enter the said Sloop and her cargo with the proper
officers there and to comply with every requisite in such case used
and practised. That after the said Captain had left the said
vessell as afsd to wit about twelve o clock of the same day the
afsd Robert Moreton as this respondent is advised and believes it
to be true went on board the said Sloop and after searching and
examining the said vessell having first oppened her hatch ways,
gave liberty and licence to Abraham Chase the mate of the said
Sloop to unlade the said salt if any person should apply for any of
that about the quantity of four hundred bushells were accordingly
unladed in the afternoon of the [f.79a] same day and evening
thereof the same being applied for as this respondent believes by
Mr. Samuel Thomas of Cecil County. Therefore this respondent
admitts and also because at the time they began to unlade the said
Sloop it might be reasonably apprehended the Captain might have
properly entered the said vessell, the mate of the said vessell did
break bulk and unlade about quantity of four hundred bushells of
salt before the said Sloop was entered at any port or Custom House
in this Province as he is informed the said Sloop was not entered
untill the day after the said Captain had left the said vessell as
afsd. But says the reason why the said Sloop was not entered on
the same day she arrived at Potapsco River afsd as he is informed
and believes was that the horse on which the said Captain rode was
so indifferent that he could not get to Annapolis time enough to
have the said Sloop entered on the same day he left her as afsd.
This Defendant saith he believes the said Sloop was legally and
properly entered the day after she arrived as afsd and doth deny
all and all manner of unlawfull combination and confederacy and
humbly prays a dismissal of the Libel afsd with costs in this
behalf sustained.
Ja. Tilghman Counsel for Respondent
20th May 1773.
Came before me the subscriber one of the justices of the peace
for Ann Arundel County the within Solomon Allen and made oath that
the within answer is just and true.
Sworn to this 20th day of May 1773 Wm. Steuart
Ordered citations issue for Robert Purveyance, Abraham Chase,
Johannes Humphrey, John Allen and David Knight to testify on behalf
of the Defendant returnable the 3lst instant to which time the
Court adjourns.
31st May 1773. The Court met accord. to adjourn. and by consent of
all parties the hearing of this cause is put off til to morrow
morning 6 o clock.
[f.79b] Ordered summons issue for John Macmachan to testify on
behalf of the Libellant returnable to morrow. The Court adjourned
till to morrow morning 6 o'clock -
June 1st 1773. The Court met according to adjournment.
Whereupon all and singular the premisses being maturely considered
his Honour doth adjudge and decree that the Sloop Speedwell her
tackle apparel & furniture be forfeited and condemned one third
part thereof to our Sovereign Lord the King one other third part to
his Excellency Robert Eden Esq. Governor of this Province and the
other third part thereof to the informant Robert Moreton. And
ordered that warrant issue to John Pitt, Bariah Maybury mariners of
sea vessells and John Ball & John Carty ship carpenters or any
three or two of them to appraise and value the said Sloop her
tackle apparel and furniture in the usual form which issued
accordingly in the following words to wit.
Maryland to wit George Steuart Esquire Judge of the Court of Vice
[SEAL] Admiralty for the Province of Maryland and the
jurisdiction thereunto belonging. To John Pitt John Carty John
Ball and Beriah Maybury of Ann Arundel County Greeting These are
to authorize and impower you or any three or two of you provided
the one be a master of a ship and another a ship carpenter to view
and appraise the Sloop Speedwell her tackle, apparel and furniture
in sterling money so far forth as the same shall be brought to your
sight, answering to the best of your judgment skill and knowledge
having first taken oaths before the worshipful William Steuart well
and truly so to do and make return of the said warrant with an
inventory of the things you shall so appraise as aforesaid to the
judge aforesaid with all convenient speed Witness myself this
[f.80a] fourth day of June Anno Domini 1773.
Signed per Order R. Ghiselin Reg.
C.V.A
On the back of the foregoing warrant is thus endorsed Viz. I
hereby certifyed that John Ball ship carpenter and Beriah Maybury
ship master qualifyed before me as appraisers agreeable to the
within warrant June 5th 1773.
W. Steuart
John Carty ship carpenter qualified as above
W. Steuart
And further it is ordered that on Monday the 7th day of June
instant between the hours of 3 and 4 o'clock in the afternoon of
the same day at the Maryland Coffee house in Annapolis the said
Sloop her tackle, apparel and furniture be exposed to sale by the
marshall at public sale by inch of candle and that the person who
becomes the best bidder is thereupon to deposit into this Court the
highest sum of money which he shall have so bid to be divided and
paid as afsd after a deduction thereout to be made by the Court of
the officers of the Court their just fees and all such necessary
charges expenses and disbursements attending this prosecution
condemnation and sale as to the Judge shall appear right and
reasonable and his Houour both further order that immediately &
continuously prvious to the day of sale afsd the Marshall cause
public notice of the time and place of the said sale to be given in
the most public places until the time of the said sale.
And now here at this day to wit on the 7th day of June instant
The above named Beriah Maybury, John Ball, and John Carty make
return of the warrant aforesaid to the Court here as followeth to
wit.
By order of George Steuart, Esquire Judge of the Court of Vice
Admiralty for the Province of Maryland and the jurisdiction
thereunto belonging we the subscribers being first sworn before the
worshipful William Steuart to appraise and value the Sloop
Speedwell whereof Charles Allen was master [f. 80b] with her tackle
and apparel in sterling money.
Hull masts and yards........................ L23. 0. 0
Sails rigging anchors cables tackling and
boat included 22. 10. 0
L45. 10. 0
Beriah Maybury
John Ball
Jn. Carty
The following exhibits were lodged and filed in this cause to
wit
Port of Annapolis) These are to certify whom it doth
in Maryland ) concern that Charles Allen cammander of
Bendedt. Calvert ) the Sloop Speedwell burthen twenty tons,
monted with no guns, navigated with five men plantation built as
per register having on board fifteen hundred bushels of salf from
Turks Island-
John Davidson Hath entered his said vessell according
Deputy Comptroller to Law Dated at Annapolis this 27th day
of April Annon Domini 1773
To the Land Waiter of Baltimore
Port Annapolis) Permit Charles Allen master or commander
in Maryland) of the Sloop Speedwell burthen twenty tons,
mounted with no guns, navigated with five men plantation built, as
per register; having on board sundries as per Certificate of Entry
doth appear, to land, vend and sell any of the aforesaid
commodities within this District without let or seizure Given
under our hands this 27th day of April Anno Domini 1773.
John Davidson John Ridout
Deputy Comptroller N. Officer
Port of Annapolis) Permit Charles Allen master or commander
in Maryland) of the Sloop Speedwell burthen twenty tons
mounted with no guns, navigated with five men plantation built as
per register, to take on board the said vessell, any of the produce
of this Province, all enumerated commodities and old iron excepted.
Given under our hands this 27th day of April Anno Domini 1773.
John Davidson John Ridout
Deputy Comptroller Naval Officer
The following depositions were taken in this case to wit [f.
81a] The deposition of Chas. Allen master of the Sloop Speedwell
aged 24 years of thereabouts being first duly sworn on the Holy
Evangels of Almighty God deposeth and saith that the Sloop
Speedwell arrived at Baltimore Town on the twenty sixth day of
April in the morning that he was advised upon going on shore by Mr.
Robert Purveyance to sett off immediately for Annapolis to enter
his said Sloop that nothing could be done with the cargo on board
untill she was entered, this Deponent not having entered her either
at Patuxent or any other port. That this Deponent sett off for
Annapolis at about half an hour after 10 o'closk of the same day
with a view to enter the said Sloop. That he made what dispatch he
could but his horse tired on the road and he did not therfore get
to Annapolis untill a little after sun sett of the same day. That
immediately upon his arrival at Annapolis he enquired of a certain
Captain Beriah Maybury (at whose tavern he this Deponent put up)
whether he thought he could enter his vessell that night but being
informed he could not and that the Custom House was shut up before
that time of the evening, this Deponent did not apply then but
early next morning, went to the Naval Officer Collector and
Comptroller and entered the said vessell as appears by the exhibits
herewith lodged and distinguished by the No. 1, 2, 3, and
immediately returned to Baltimore Town.
Sworn to in open Court the first day of June Anno Domini 1773.
Test R. Ghiselin Register
The Deposition of Beriah Maybury of the City of Annapolis
Inholder aged 35 years or thereabout being first duly sworn
deposeth and saith that sometime in the month of April but on what
day this Deponent does not recollect Charles Allen master of the
Sloop Speedwell came to his house about sun sett and complained of
being much fatigued and that his horse had tired on the road
between Annapolis and Baltimore Town. That the said Charles Allen
immediately upon his coming to this [f. 81b] Deponents house told
him he wanted to enter his vessell and asked him if he thought he
could have it done that night, but this Deponent telling him he
could not and that it was past office hours the said Allen did not
apply to have his said vessell entered that evening; but that early
next morning the said Allen went to the proper officers and did
enter his said vessell as this Deponent was informed and believes.
This Deponent further saith that as soon as the said Allen had
entered the said vessell in the morning early he sett off for
Baltimore. This Deponent saith that the said Charles Allen seemed
desirous of entering his said vessell and believe if it had not
been for what this Deponent said the said Charles Allen would have
endeavored to have entered sd vessell the same evening as told this
Deponent he was in a hurry, that he could not discharge his cargo
before his return and further saith not.
Sworn to in open Court this 1st day of June 1773
Test R. Ghiselin Reg.
[f. 82a] Maryland SS Robert Eden Esquire Lieutenant General and
Chief Governor in and over the Province of
Maryland and Admiral thereof
To Robert Smith Esq. of the City of Annapolis
Greeting - out of the especial trust and confidence I have in your
fidelity integrity circumspection and knowledge I do hereby
authorize and impower to take cognizance of and proceed to hear and
determine all causes civil and maritime and all plaints contracts
offences or crimes so accounted pleas debts, exchanges, assurances,
accounts, charter parties, agreements and writings, concerning the
lading of ships and vessels and in all other buiness and contracts
which concerns mariners for their ships convoys and freight or
mariners wages or in any wise thereto relating also suits
trespasses injuries extortions and demands and all civil and
maritime matters whatsoever between merchants or between masters
and owners of ships or other vessels and merchants or other persons
whatsoever with the said masters or owners of ships and of all
other vessels whatsoever occupied had made commenced or contracted
for any thing matter or cause or business whatsoever as well in or
upon or through the sea the public streams ports fresh waters
rivers creeks or places overflowed with water whatsoever within
flux and reflux of the sea and water to high water mark as upon the
shores or banks whatsoever to them or any of them adjacent
expedited or to be expedited together with all and singular their
incidents emergencies and causes whatsoever annexed and connexed or
in what manner soever the causes plaints and other the premises
aforesaid or any of them may happen to arrive to be transacted
drawn or made according to the civil and [f. 82b] maritime law of
the high Court of Admiralty of great Britain within this Province
and the territories to the same belonging and also in any of the
citys towns or places in the aforesaid Province for the like causes
and matters to sit hear and determine therein according to justice
and judicially and lawfully to proceed together with all and
singular their incidents emergencies dependances and causes annexes
or connexed whatsoever and furthermore to compell witnesses if for
good will, hatred favoure or fear or for any other causes
whatsoever they shall withdraw themselves to give their testimony
to the truth in all or any of the like causes according to all
requisites and furthermore to take all recognizances obligations
sureties and stipulations as well on the part or instance of any
persons whatsoever for any contracts debts or other matters causes
or business whatsoever and then put in execution and cause of
command them to be executed and also duly to enquire of and take
into your custody all and singular the goods of traitors and
pyrates manslayers felons fugitives and felo's de je and all of
bodies and persons drowned slain or anywise coming to their death
in the sea ports rivers public streams or creeks And places
whatsoever overflown and of maritime happening any of the places
aforesaid and of all unlawful and forbidden engines and netts and
of the occupiers and users therof and of all royal fish viz. whales
sharks grampusses dolphins sturgeons and all other great large fish
whatsoever to the right Honourable the Lord Proprietary of this
Province belonging in right of his admiralty thereof and also of
and upon all goods lost on the sea wrecks of the sea and goods mixt
or accounted to be forfeited or by any chance or fortune found or
to be found and of all trespasses faults offences enormities and
crimes maritime whatsoever as well upon the high sea as in or upon
all and any of the ports rivers fresh waters and creeks or sea
shores and to the hight of the water from any the first bridge
towards the sea in any through this Province howsoever belonging to
the maritime coasts thereof whensoever and howsoever coming and
happening committed and done or to be perpetrated and committed
discovered and found and to tax moderate exact collect and levy
allfines mulcts Americaments and compositions whatsoever in the
past due or to be due and then lawfully to command and compel to be
collected and paid and also to proceed in all and [f. 83a] singular
the matters aforesaid and in all other causes contempts and
offences whatsoever and howsoever contracted or if so be the goods
or persons of the offenders shall be found within the jurisdiction
of the Court of Admiralty within this Province according to the
laws civil and maritime and customs of old used in his Majesty's
high Court of Admiralty of great Britain and by such other lawful
ways manners and means as you may better know and can proceeding
such causes and contracts to hear examine discuss and finally
determine saving nevertheless the right of appealing and also to
arrect command and cause to be arrested the ships persons effects
goods wares and merchandizes whatsoever for the premises and for
any of them or other causes whatsoever concerning them in what
places soever within the Province of Maryland aforesaid or the
territories thereof they shall happen to be or be found in or
without the liberties and to compell all persons whatsoever on that
part as the case shall require to appear and answer with the power
of inflicting any punishment or mulct according to the laws and
customs aforesaid and to do and cause justice to be done therein
and also summarily and lainly to proceed the order of right being
preserved or the said ______ without noise and the figure of
judgment alone being made and the truth of the ting inspected AND
I DO further commit and by the tenor of these presents grant you
full power and authority to fine correct punish, and chastize and
reform all guilty persons imprisoned and all violators and usurpers
of the rights of the Court of Admiralty withing this Province and
all delinquent and contumaciously absenting sailors mariners
fishermen boatmen and other workmen having skill or exercising
maritime affairs as well according to the aforesaid civil and
maritime laws ordinances and customs aforesaid and their deserts as
also according to the statutes and ordinances of the Kingdom of
great Britain in that part published and provided and them to
imprison and cause to be imprisoned in any of the prisons within
the Province of Maryland or the maritime places thereto belonging
and such persons so imprisoned who ought to be delivered therefrom
& cause and command to be delivered and altogether to be acquitted
and discharged And do hereby grant unto you power and authority,
promulgating or interposing all decrees and [f. 83b] sentences
whatsoever and them to command to be executed together with the
cognizance and jurisdiction of all other causes civil maritime
commenced or to be commenced or which any ways concern or relate to
the sea affairs or the transporting or passage over the sea or any
naval journey or maritime voyage or maritime jurisdiction,
aforesaid also with power of proceeding therein according to the
civil and maritime laws and customs aforesaid of the high Court of
Admiralty of great Britain of old used as well of mere office mixt
or promoted as at the instance of any party as the case shall
require and t shall seem expedient And to grant you full authority
to execute all and singular the premises in the places aforesaid
expressed And I do hereby appoint you the said Robert Smith my
commissary in the said province and territories aforesaid during
pleasure Hereby Granting unto you the said Robert Smith all fees
profits and advantages to the said office any ways belonging And I
do hereby command all justices of the peace mayors sheriffs keepers
of goals and other officers and ministers within this Province to
be aiding and assisting to you as becometh as they will answer the
contrary at their peril. Given at the City of Annapolis this
twenty seventh day of November in the fifth year of the Dominion of
the right Honorable Henry Harford Esquire Anno Domini 1775.
Signed by order
James Brooks
[f. 84a] MARYLAND SS The Right Honorable Henry Harford Esq.
Absolute Lord and Proprietary of the
Province of Maryland--To George Ranken
of the City of Annapolis
Gentlemen Greeting Know Ye that we reposing great trust and
confidence in your cunning skill and knowledge in art of clerkship
have therefore thought fit and by these presents do commissionate
authorize and appoint you the said GEORGE RANKEN to be Register of
the Court of Vice Admiralty within our said Province and do hereby
grant unto you the said GEORGE RANKEN all such powers and
authorities to ask demand take and receive all and singular such
lawful fees as to the said Office of Register belongeth or
appertaineth in as full and ample manner as any former Register of
the said Court hath or lawfully might enjoy and exercise the same
to have and to hold the said Office of Register of the Court of
Vice Admiralty during pleasure. Witness our trusty and well
beloved Robert Eden Esquire Lieutenant General and Chief Governor
in and over our said Province this twenty seventh day of November
in the fifth year of our Dominion. Anno Domini 1775.
Signed by Order
James Brooks
[f. 84b] Blank
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