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.5 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 Gentleman's Magazine, XII. 387. He had been agent in London for he Massachusetts House of Representatives since 1728, and for Connecticut ince 1730. Hutchinson, Mass. Bay, II. 353, describes him as a "merchant n London who . . . . was universally esteemed for his great probity as well as his humane obliging disposition". under our Managemt. as if your own, and remain with due 155. Decree of Vice-Admiralty Judge. July 7, 1742.1 James Allen, etc. proponents 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 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. 3 The commission to hear appeals generally included at this time the whole Privy Council. we shall hear after acquaint you with our farther proceed ings. we are with offers of Service Sir. 4 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 pleas ure. We shall keep plying Constantly about 'em and hope to Succeed one time or other. there is not as yet a day ap-. pointed for hearing the Appeal about the Brigt. Sarah. We *I.e., in the office of the registrar of the Lords Commissioners of Appe in Prize Causes, in Doctors' Commons. shall Vigorously prosecute the affair and Acquaint you, in due time, with our Success. we have Acquainted Dr. Paul and Andrews, with what you have further mention'd about Smith the Master of the Brigt., Capt. Norton and Compa. and Jeremiah Harriman, which hope may be of Service at the hearing. its certain you have been very unjustly dealt by in the proceedings of your Court of Admiralty, and are in great hopes you will meet with redress here at home. inclosed we send you Sales of the Freight Bill recd. on your Accot. for the hire of the St. John Snow, Capt. Waterhouse, Net proceeds being £120.18.6, have Carried to your Credit. We heartily wish you further Success with Capt. Norton. Shure he's a Gentn. of a fine Gallant behaviour and a just Scourge to these Jack Spaniards and deserves publick rewards from all Merchts. and traders that use the Seas. We are sorry to Acquaint you that Mrs. Harris departed this Life in Octo. last after a Lingering Illness. we have not to add but to assure you that we shall in all Concerns observe your Interest as if our own, remaining with due respect Sir Yr. Most hb. Servts. BOURRYAU AND SCHAFFER. 157. Account rendered by a Proctor in London. February 10, 1744.1 John Freebody and Benja. Norton, Commander of the private Ship of War Called the Revenge, the Owners of the 'Massachusetts Historical Society. It will be observed that an appeal was an expensive process; that advocates' fees were expressed in guineas, multiples of £1. Is.; that the proctor felt that he had to have a coach whenever he went to attend one of the sessions of the court; and that "the law's delays" were abundantly exemplified. The Lords Commissioners sat in the Council Chamber at the Cockpit in Whitehall. Their procedure can be gathered from the printed briefs, for appellant and respondent, which are preserved in a few American libraries, often bearing manuscript annotations by the lawyers for whom they were prepared. The Library of Congress has a collection of such briefs, some 200 in number, 1751-1764, bound in four huge folio volumes, and still ampler collections for the later wars of the century, American and French. The library of Brown University has two such volumes, embracing briefs in forty or fifty cases, 1780-1782. Another collection, also bound in two volumes, formerly belonging to Mr. |