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
Tell Us What You Think About the Maryland State Archives Website!
Governor General Assembly Judiciary Maryland Electronic Capital MARYLAND.GOV
© Copyright May 10, 2000 Maryland State Archives