the Owners and Company of the Revenge are intitled to a Moiety of the full Value of the Ship and Cargo, as she arriv'd at Boston, without any Deduction, and I am of Opinion that there is just ground of Appeal from the Sentence given in the Court of Admiralty there.

Copy.

J. ANDREWS.6

154. Letters to Owner from London Agents. June 10,

Mr. John Freebody.
Sr.

July 17, 1742.1

LONDON June 10th 1742.
Copy per Capn. Jones.

We have receiv'd yor. favours of the 7th and 11th Decemr. inclosing sundry Papers and proceedings, relating to a Tryal in the Court of Admiralty at Boston between the Owners of the Privatr. Revenge and one Capn. Smith which we have deliver'd to Mr. Everard Sayer, an eminent Proctor in the Commons, who has perus'd them and taken the opinion of Doctr. Strahan, one of the best Civilians we have, of which we inclose you a Copy, which does not seem in yor. favour, but we shall get anor. Doctor's Opinion on it and see what he says. the Store Bill you mention to have sent to Mrs. Harris has never reach'd her hands, which we have formerly advis'd you of, we shall do all in our power to serve you in this Affair abot. the Appeal and hope to receive yor. farthr. Commands, remaing. with due Respect

For Andrew; John Andrew, fellow of Trinity Hall, LL.D. Cambridge 1711, chancellor and judge of the consistory court of the diocese of London 1739-1747. He must have had a profitable practice, for he left £20,000 to Trinity Hall.

'Massachusetts Historical Society. Such were the uncertainties of transatlantic correspondence that letters were often sent in duplicate, as here, where a copy of the letter of June 1o is enclosed in that of July 17. The London agents of Freebody were the firm of Wilks, Bourryau, and Schaffer, merchants.

Srs.

LONDON 17 July 1742.

Since the above Copy of our Last have recd. yr Favors of the 22d April. we are very Sorry to have occasion to inform you that our good Friend and Partner Francis Wilks, Esqr., departed this Life the 5th instant. he had been in a very ill State of health for above two years past and the whole business of the house has been transacted by us for that time and we hope to the Satisfaction of all our Friends, who we Flatter our Selves will Continue their Favors to us and we Shall [be] ready to Serve you and promote yr. Interest to the best of our Capacity and assure you with great fidelity. we have taken Doctr. Paul's opinion ab't yr. Case which you have inclosed. it seems to be quite the reverse of what Dr. Strahan gave and is intirely for you; our Proctor has persuaded us to have yet another eminent Civilian's opinion, which if in our Favor he thinks we ought to pursue the appeal, of which shall acquaint you more hereafter. we have received the Certificate for the Snow St. John, Samll. Waterhouse, which have laid before the Navy board but have not as yet obtained a bill for the payment of it. at this Warr time there is so much hurry at the Navy office that we can not get any Satisfactory acct. relating to the head Money of the Spanyards taken by yr. Privateer. we are concerned at yr. Loss in the Man of Warr taking 15 of yr. Men. it is an abominable practice yet it is what they frequently have done and go on with. there has been representations made abt. it at our Admiralty office but no redress has been obtained, only a few good Words that they would give orders to the Contrary. are pleased you got a litle in her Way home. hope you will have greater Success hereafter which Shall be glad to hear. we Shall have a just regard to all yr Concerns

5

"Francis Wilks, esq., a director in the South Sea Company, died July 5." Gentleman's Magazine, XII. 387. He had been agent in London for the Massachusetts House of Representatives since 1728, and for Connecticut since 1730. Hutchinson, Mass. Bay, II. 353, describes him as a "merchant in London who . . . . was universally esteemed for his great probity as well as his humane obliging disposition".

"Impressment of seamen.

under our Managemt. as if your own, and remain with due

155. Decree of Vice-Admiralty Judge. July 7, 1742.1

Colony of Rhode Island, etc.

Curia Admiralitatis

James Allen, etc. proponents against the Schooner St. Joseph

de las Animas for Gunns, Ammunition, One Slave and Cargo etc.

Having maturely considered the Evidence in this Case as well as the examination of Francisco Perdomo Capt. of the Spanish Privateer who being duly notified of the Trial and here in Court and being asked what he had to offer why sentence of Condemnation should not be passed against the said Schooner, her Gunns, Ammunition, Rigging, Tackle, Apparel and Furniture, etc. To which he Answered he had taken several prizes and had had them condemned and his Vessel, etc., according to the Laws of Nations and Rules of War was a good prize and therefore he had nothing to gainsay the Condemnation.

I therefore adjudge and Decree the said Schooner and her Gunns, Cables, Anchors, Rigging, Sails, Tackle, Apparel, with the Slave and her Cargo, etc. mentioned in the Libel, to be Condemned as good and lawful Prize to and for the Use of the Captors and Owners of the said Sloop

'Zachariah Bourryau, merchant, of Southampton Row, London, and Blighborough manor, Lincolnshire. He was of a French family settled in St. Christopher, W. I. He died in 1752, leaving an estate of about £40,000. Caribbeana, III. 251-252.

'Massachusetts Historical Society.

Revenge to be divided according to the Articles made between them.

I further Decree the Owners of the Revenge and the Captors to pay the lawful Charge of Condemnation and all incident Charges.

NEWPORT July 7th 1742.

S. PEMBERTON, D. Judge.2

The above is a true Copy taken from the original and Compared by me.

156. Letters to Owner from London Agents. July 27, August 13, 1742, February 16, 1743.1

LONDON 27th July 1742.

Mr. John Freebody

I p. c.

Sir

Copy per Ellis

Since the foregoing Copy of our last have not recd. any of your favours. this serves to inclose you Dr. Andrews Opinion relating to your Capture of Smiths Brigt. which as it is of your side and agreable to that of Dr. Paul we shall proceed in the Appeal and hope for Success, but as their Lordships in Councill 3 will not sitt to hear Appeals till February Next, you will have time En'o to give us your farther Directions about it and you may depend on our Serving your Interest as if our own. there is lately an Order come to the Navy Office for making out bills for the hire of American transports, which the Commrs. have promised to Comply with, so hope this will soon be ended and

2

* Samuel Pemberton, merchant of Boston, son of Rev. Ebenezer Pemberton of the Old South Church, was deputy judge of the admiralty court in Rhode Island for a brief period in 1741 and 1742. In the archives of Rhode Island, in a volume lettered "Admiralty Papers, 1726-1745", there is a libel of James Allen, captain of the sloop Revenge, privateer, against the Spanish sloop St. Joseph, captured Mar. 1, 1743, on the north side of Cuba. But that was another incident; the St. Joseph de las Animas was a schooner. 'Massachusetts Historical Society. A continuation of the correspondence in doc. no. 154.

2

See doc. no. 153.

The commission to hear appeals generally included at this time the whole Privy Council.

we shall hear after acquaint you with our farther proceedings. we are with offers of Service

Sir.

LONDON 13 Augt 1742.

Confirming the foregoing Copy of our Last, are not Favd. with any of yours. this Serves to inclose you Copy of yr Case abt. the Brigt. Sarah and the opinion of the 3 Doctors of the Civil Law. we have given £50 Security in the Commons to prosecute the affair in the appeal before the King and Councill. we Shall in a few Days have a Navy bill made out for the hire of the Certificate of the Snow St. John when Shall acquaint you with the neat proceeds. We are with due respect

We have recd. your favors of the 20th Octo. and 14th Decemr. with your Power of Attorney, also copy of Condemnation and Certificate for recovering the Kings bounty of £5 per head for the Spanish prisoners taken by Capn. Norton on board the Spanish Scooner Privateer called the Joseph de las Animas, which we have laid before the Navy Board, but have not as yet been able to get any Satisfactory answer to this nor the other for the Divino Pastor and Ynvincible Sloop which was left with them some Months agone. these great Men in office particularly in Warr time think themselves so much engaged in Governmt. Affairs that they Postpone every thing else, just at their own pleasure. We shall keep plying Constantly about 'em and hope to Succeed one time or other. there is not as yet a day appointed for hearing the Appeal about the Brigt. Sarah. We

*I.e., in the office of the registrar of the Lords Commissioners of Appeal in Prize Causes, in Doctors' Commons.