THE _YOUNG EAGLE_.

_166. Pet.i.tion of John Jones. December 30, 1741._[1]

[Footnote 1: Ma.s.s. Archives, vol. 64, pp. 124-125. For the _Young Eagle_, Captain Dumaresq, and Captain Rous, see doc. no. 128, notes 2 and 9.]

Province of the Ma.s.sachusetts } Bay December } 30th, 1741 }

To His Excellency William Shirley Esquire, Captain General and Governour in Chief in and Over the Province aforesaid, And to The Honble. His Majestys Council of said Province,

The Pet.i.tion of John Jones of Boston in the County of Suffolk Merchant

Humbly Sheweth

That about two Years ago One William Loud now residing in Boston went Out in the _Young Eagle_ Privateer, Phillip Dumarasque Commander, bound on a Privateering Voyage whereof your pet.i.tioner with others were Owners. That the said Loud behaved himself on board in Such a manner, that he was put on board One of His Majestys Ships of warr at Giberalter for Mutiny, from whence he afterwards found means to run away, and came to Boston, and applyed himself to your pet.i.tioner telling him he could Inform him how the Officers of sd. Privateer had greatly wronged your pet.i.tioner, That your pet.i.tioner being well Informed of sd. Louds Actions, Mutinying and Ill behaviour on board the said Privateer, thought proper not to Shew him any Countenance or hear any thing he had to Say, whereupon the said William Loud then, and from time to time Since, hath greatly abused and Insulted your pet.i.tioner, and has vowed and threatned to take revenge on your pet.i.tioner but for what reason he cannot tell.

That your pet.i.tioner has been Informed by Several Gentlemen of his Acquaintance, and is well a.s.sured, that sd. Loud has twice in the night besett your pet.i.tioners house, and there waited Several hours, with others unknown in Order to met your pet.i.tioner going in or coming out, and do him Some bodily hurt or take away his life, which your pet.i.tioner is actually apprehensive of, from the many threatnings of sd. Loud.

That your pet.i.tioner having just reason to fear that his life was in Eminent danger applyed to Justice of the peace, and Swore the peace against sd. Loud, but could not prevail upon any Officer to take said Loud up and carry him before a Justice, and the reason, as your pet.i.tioner thinks, is that they are affraid of him, he said Loud always appearing armed with a great broad Sword, and a Number of his Comrades with him, and Seems to bid Defiance to the Government and all Authority; That your pet.i.tioner when he has Occasion to go abroad at night, or come home to his house is Obliged to get a number of his friends to be with him for fear of being Insulted, abused or killed by sd. Loud.

That notwithstanding your pet.i.tioner obtained Leave from the Government to beat up for Sailers to man the _Young Eagle_ privateer, John Rous Commander, now bound on a privateering Voyage, yet the sd.

Wm. Loud in a riotous manner followed the Drum about the Town cursing and abusing the Captain, and Several times Colloured[2] the Lieutenant, tho' he had never Seen him before. That the sd. Loud Still Continues to behave himself in this riotous manner, and to threaten your pet.i.tioner with revenge either to kill your petr. or burn his house, or both, whereby your pet.i.tioner justly thinks his life and Interest are both in absolute danger from this Loud and his a.s.sociates.

[Footnote 2: Collared.]

Wherefore your pet.i.tioner most humbly prays your Excellency and honours to take this affair into Consideration and to look into the two protests herewith presented wch. plainly Shew that sd. Loud was Ordered on board a Man of warr for his mutinying and Ill behaviour on board the sd. privateer, And that your Excellency and Honours would please to Order that sd. Loud may be taken up and put on board one of his Majestys Ships now in this Port, or otherwise to Order in the premises, for the relief and Safety of your pet.i.tioners person and Interest, as your Excellency and honours Shall think most proper.

And your Pet.i.tioner as in duty bound Shall ever pray, etc.

JOHN JONES.

THE _HAWK_.

_167. Vote of Privateering Crew. June 29, 1744._[1]

[Footnote 1: Ma.s.s. Archives, vol. 64, p. 252.]

Friday June 29th, 1744, at a meeting of the Captain and Officers on board the _Hawk_ Privateer Samuel Waterhouse Comander; it was put to the vote wether we should follow and pursue the Sloop we have been in chase of

Content not Content.

SAMUEL WATERHOUSE.[2]

JOHN CULLAM.

THOMAS RAPPITT.

JAMES HUDSON.

THOMAS WALDEN.

[Footnote 2: See Boston Record Commissioners, _Reports_, XV. 33-44.]

a True Copy from the Original vote Book belonging to the _Hawk_ Privateer.

REYNOLDS SEAGER Quartermaster to the Owners of the _Hawk_.

Ess.e.x ss. Glocester Augst the 13, 1744. then Reynolds Seager the Quartermaster to the Owners of the _Hawk_ pursonally appeared and gave oath to the truth of what Is Abov Rittn Before JOSEPH ALLIN[3]

Justis Peace

[Footnote 3: Joseph Allen was the chief landholder of Gloucester.]

_168. Pet.i.tion of William Ward. 1744._[1]

[Footnote 1: Ma.s.s. Archives, vol. 64, p. 254. See doc. no. 170.]

Capt. Waterhouse

_Sr_

I Hope Youll Excuse my Taking the Liberty in Writing to you. But as a poor Creminall Confined, hopes that you and the Gentleman in the Cabin will Pardon the abrupt Treattment, I have Used Latly, but all Owing To a Moros Way in answering when Called: Which I Acnowledge is Not showing agood Decoram: Sr, as for the Afair I Was Accused with last night it was Done intirely Thro ignorance, that is that I thought I might Speak freely without Shewing any Sedition: Sr, I must Likwise acnowledge in Not Obeing the mastr was ill Done. Which I hope you and the Gentlemen will freely Pardon: Sr, I am Sencible thro what I have Done, Deserves Being Broke of my Station. Now Sr, I hope youll be so Good as To Pardon One Who Never in this World New What it was To be Confined. Which I Pray G.o.d grant to you: Which is Gentlemen from Your humble Sert: To Comd:

WM. WARD.

P.S. Gentlemen I hope for the Time To Come, To be Deserving of your favours.

_169. Deposition of John Flood and Zechariah Foss. August 3, 1744._[1]

[Footnote 1: Ma.s.s. Archives, vol. 64, pp. 245-246.]

The Deposition of John Flood and Zachariah Foss who sail'd from Boston on the 25th of June last in the Privateer _Hawk_, Samuel Waterhouse Commander.

The Deponents testifye that being on Board the Brigantine _Hawk_ commanded by Saml: Waterhouse, They on the 29th of June last, in the forenoon, betwixt the Hours of Eleven and Twelve, about 40 Leagues to the South East of Cape Briton, spied a Sloop steering northward, and observing that she had a White Pennant out[2] they gave her Chace, and easily outsaild her and having got within about a Mile of her the Sloop fir'd a Shot which fell about half a mile to Leeward of the _Hawk_, at the same time making all the Sail she could to run from us; upon which we fired at the Sloop five times successively; our first and second shot fell to Leeward, The third went thro' her Foresail, The fourth went thro' both her Mainsail and Foresail, The fifth struck her forward towards her Bow: upon which we were ordered to bear away, (being then at the Distance of about forty Pole from her, as near as we can judge) and as we bore away from the Sloop, we gave her three Chears (which were return'd us) and fir'd another Gun; The Sloop in the mean time bearing close upon the Wind in order to make her Escape. within the s.p.a.ce of about an Hour after, the Company in the _Hawk_ agreeing (all save the Captain and the owners Quartermaster) to follow the Sloop and Engage her, We gave her Chace, but She having by that time got to the Distance of about 3 Leagues from Us to windward, and a thick Fog arising, we lost Sight of her by about four of the Clock in the afternoon; we however, kept our course in pursuit of her till the next morning, but saw her not again.

[Footnote 2: And therefore was presumed to be French.]

The Deponents further declare that the Number of Hands on Board the _Hawk_ (including Boys to the number of 10 or 12) was one hundred and thirty eight; That she had twelve Carriage Guns--(viz: 2 nine Pounders, 2 six Pounders, and 8 four Pounders,) beside 20 or 22 Swivel Guns.

That the Sloop (so far as they could judge) was of not more than half the number of Tun as the Brigantine _Hawk_. The Number of her Men they could not guess at, being in great Measure cover'd by a Netting, which Surrounded them; Save that they observ'd em to muster thick on the Quarter Deck. That not coming a Breast with the Sloop, the Deponents could not discover the Number of her Guns, Save, that mr Flood imagined that he saw two Carriage Guns on her Larboard side.

The Deponents further declare that they verily believe that had the Brigantine Engaged the sloop, the former might easily have taken the latter, and that this was the Opinion of their Company in General.

They further add, that when orders were given for their bearing off from the Sloop, Capt. Waterhouse declar'd as a reason for so doing that his owners enjoyn'd him not to Engage with a Privateer. But that when it was Voted by the Company to pursue the Sloop, he appear'd well pleas'd that the matter was so over ruled, altho' his orders were otherwise.