Prize Papers for the ship ‘Le Charles Vincent’

Taken by the Benson Galley (1744)

Transcribed by David Carter 2023

From National Archives document: HCA 32/102/10

[Spelling remains verbatim.
Implied letters in square brackets, paragraphs, and punctuation added by the transcriber.]

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Catalogue listing:

1744
Captured ship: Le Charles Vincent of Grandville (master Etienne Tanqueray or Tanquerey)...
History: a French ship (100 tons, 22 men); taken on 3/14 August 1744 fishing on the Grand Bank of Newfoundland by the privateer Benson Galley of Appledore (Richard Vernam commanding), and brought into Appledore.
[CP 1-CP 5]: standing interrogatories, three examinations taken at Barnstaple, commissioners' affidavit;
[CP 6]: allegation;
[CP 7-CP 8]: attestation as to papers, and abstract and translation of 22 of the 23 ship's papers.
Ship's Papers, numbered SP 1-SP 23, including letters to or from the master.
[Decision: condemned as prize, 23 October 1744]
English and French
Reference:    HCA 32/102/10
Extra information from HCA 30/775/4
https://discovery.nationalarchives.gov.uk/details/r/C14512622

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Index of Surnames:

Beavis
Benson
Bird
Drake
Hammatt
Hancock
Hay
Penrice
Rushworth
Tyndale
Vernam
Vernam

N.B. French surnames excluded.

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Transcribers notes:

The Prize Papers of the High Court of Admiralty are papers relating to the capture of enemy ships in wartime, by the Royal Navy, by privateers or by Customs vessels, or their seizure in port at the outbreak of war. They include the notarised examinations of captured crews before commissioners in the nearest friendly port, and subsequent proceedings in the High Court of Admiralty in London. Also many papers which were on board the enemy ships at the time, so are in the language of that country – in this case French.
See https://discovery.nationalarchives.gov.uk/details/r/C8630 for more information.

Since 2018, teams at The National Archives and the Carl von Ossietzky University of Oldenburg, in Germany, have been working to catalogue the contents of 4,088 boxes, including 160,000 undelivered letters, logbooks, ships papers and bills, poems, drawings, fabrics and playing cards, confiscated from 35,000 ships during 14 wars between 1652 and 1817. Detailed catalogue listings are now appearing, enabling in-depth research for the first time into these documents.

The documents in this collection are in 2 parts:
i) Court Papers (CP), relating to the case in the High Court of the Admiralty.
ii) Ships Papers (SP), which were seized from the captured vessel and preserved.

The Timeline of events as shown in these documents, is given below.

The mixture of the Julian calendar (old style, used by England) and the Gregorian calendar (new style, used by France), which were 11 days different in the 18th century, does cause some confusion about the exact dates being reported here.

1744 January – King Louis XV of France declared war on Britain
1744 Jan 23 – Charter issued for the Charles Vincent at Granville
1744 Feb 19 – Charles Vincent was loaded at Granville
1744 Feb 25 – Charles Vincent sailed from Granville
1744 Mar 05 – Fees paid for lighthouses at Chassiron and Baleines
1744 Mar 24 – Customs declaration at the Isle of Ré
1744 Mar 26 – Wine delivered to the Charles Vincent
1744 Mar 27 – Customs declaration at Loix
1744 May 01 – Charles Vincent arrived at the Grand Banks
1744 May 19 – Letter of Marque issued for Benson Galley (see HCA 26/4/83)
1744 Aug 03 – Charles Vincent seized (according to Vernam) [Julian calendar]
1744 Aug 14 – Charles Vincent seized (according to Tanqueray) [Gregorian calendar]
1744 Aug 15 – Charles Vincent brought into Placentia [Gregorian calendar]
Stayed in Placentia 14 or 15 days
1744 Sep 20 – General depositions prepared by the High Court of Admiralty
1744 Sep 16 – Charles Vincent arrived at Appledore (according to Hammatt) [Julian calendar]
1744 Sep 27 – Charles Vincent arrived at Appledore (according to Tanqueray) [Gregorian calendar]
1744 Sep 27 – Deposition of Etienne Tanqueray taken at Barnstaple
1744 Sep 27 – Deposition of Charles Jourdan taken at Barnstaple
1744 Sep 27 – Deposition of Thomas Hammatt taken at Barnstaple
1744 Oct 05 – French documents translated in London
1744 Oct 23 – Documents presented at Admiralty in London, and confirmed as a prize ship
This date also confirmed in HCA 30/775/4

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Transcripts:

Court Paper 1

Standing Interrogatories to be administered on behalf of our Sovereign Lord George the Second, by the Grace of God of Great Britain, France, and Ireland, King, Defender of the Faith, in his office of Admiralty, to the respective Masters and some of the mariners and others of the crew, of all & singular the ships and vessels, goods and merchandizes, seized or w[hi]ch shall hereafter be seized in the port of Barnstaple, in the County of Devon or the Districts thereof, or taken or seized, or which shall hereafter be taken or seized, by any private Man of War, by virtue of Letters of Marque or Commission of War, or without any commission.

And also of all and singular, ship and vessels whatsoever recovered, or to be recovered from our enimys, by any of his Maj[es]ties ships of war, or otherwise, and brought or to be brought into the aforesaid port or the districts thereof, or such other person or persons from whom the truth may properly be discovered relateing to the property of such ships and vessels, goods and merchandizes seized, or which shall hereafter be seized as afores[ai]d follow to wit:

1) First: Let the witness be asked: where was you born, and where have you lived for these seven years last past, and where do you now live, and how long have you lived in the place where you now dwell. Are you a subject to the Crown of Great Britain, or to what Prince or State are you a subject. And let the witnesses be asked jointly and severally and as above.

2) Item: Let the witness be asked: when, and by whom, was the ship and lading goods and merchandize, concerning which you are now examined, taken and seized, and into what place or port were the same carried. Whether was there any resistance made, or any guns fired against the ship, or persons who seized and took the same, and what or how many and by whom. And let the witnesses be asked jointly and severally and as above.

3) Item: Let the witness be asked: whether was you present at the time of the takeing and seizing the ship, and her lading, or any goods and merchandizes, concerning which you are now examined, or how and when was you first made acquainted there with. Whether was the said ship & goods taken by a Man of War, or a Private Man of War, and to whom did such Man of War or Private Man of War belong. Had they any commission to act as such, and from whom, and by whom, and what particular ship or by whom was, or were the said ship, goods and merchandizes seized and taken. And let the witnesses be asked jointly and severally as above.

4) Item: Let the witness be asked: upon what pretence was the said ship and lading seized and taken. To what port or place was she afterwards carryed, whether was she condemned, upon what account, or for what reason was she condemned, and by whom, and by what authority was she so condemned. And let the witnesses be asked jointly and severally as above.

5) Item: Let the witness be asked: who by name was the master of the ship or vessell, concerning which you are now examined, at what time she was taken and seized, how long have you known the said master, who first appointed him to be master of the said ship, and where did he take possession thereof, and who by name delivered the same to him. Where is the masters fixed place of habitation with his wife and family, and how long has he lived there. What country man is he by birth, and to what Prince or State subject. And let the witnesses be asked jointly and severally as above.

6) Item: Let the witness be asked: what number of mariners belonged to the ship or vessell at the time she was taken and seized, what country men are they, and where did they all come on board. Whether had you the witness any of the officers or company of mariners belonging to the said ship or vessell, any part share or interest in the said ship or her ladeing, or any of the goods concerning which you are now examined, and what in particular, and the value thereof at the time the said ship was so taken, or the said goods seized. And let the witnesses be asked jointly and severally as above.

7) Item: Let the witness be asked: whether did you belong to the ship or vessel concerning which you are now examined, at the time she was taken and seized. How long had you known her, when and where did you first see her, of what burthen was she, and of what country building. What was her name, and how long had she been so called, whether do you know of any other names she was called by, and what were such names as you know, or have heard. And let the witnesses be asked jointly and severally as above.

8) Item: Let the witness be asked: to what ports & places was the said ship or vessell, concerning which you are now examined, bound or intended to proceed, the voyages wherein she was taken and seized, to and from what ports and places did she sail the said voyage before she was taken & seized. Where did the voyage begin, and where was the voyage to have ended. What sort of lading did she carry at the time of her first setting out of the said voyage, and what particular sort of lading and goods had she on board at the time she was so taken and seized. Was the said ship or vessel at the time she was so taken and seized proceeding or intending to proceed upon a lawfull, and what particular trade had she at the time, any and what prohibited goods on board her. And let the witnesses be asked jointly and severally as above.

9) Let the witness be asked: who were the owners of the ship or vessell, concerning which you are now examined, at the time she was taken and seized, how do you know that they were the owners of the said ship at that time, of what nation are they by birth, and where do they live with their wives and familys. To what Prince or State are they subjects. And let the witnesses be asked jointly and severally and as above.

10) Item: Let the witness be asked: was there any Bill of Sale made to the owners of the said ship, in what month or year, and where and before what witnesses was the same made, and when did you the witness last see it, and what is become thereof. And let the witnesses be asked jointly and severally and as above.

11) Item: Let the witness be asked: in what port or place was the lading, which was on board the ship at the time she was taken and seized, first put aboard the said ship. In what month and year was the said lading so put aboard. What were the several qualities and quantitys and particulars thereof. Whether were the same laden and put on board the said ship in one port and at one time, or in several ports and places, and how many by name, and at how many severall times, and what particulars and what quantity at each port. Who by name are the severall laders or owners thereof, and what country men are they, w[h]ere do they now live and carry on their trade or business, and of what religion are they, where were the said goods to be delivered and for whose account, and to whom by name did they then realy belong, and for whom designed, and for what particular purposes. And let the witnesses be asked jointly and severally and as above.

12) Item: Let the witness be asked: how many Bills of Lading were signed for the goods seized aboard the said ship, whether were the same colourable, and whether were any Bills of Lading signed which were of a different tenour with those which were aboard the said ship at the time she was taken and seized, and what were the contents of such other Bills of Lading, and what are become thereof. And let the witnesses be asked jointly and severally and as above.

13) Item: Let the witness be asked: what Bills of Lading, invoices, letters or any instruments in writing or papers have you to prove the property in the ship & goods, concerning which you are now examined. Produce the same and set forth the particular times when, and in what manner, and upon what account, and for what consideration, you became possessed thereof. And let the witness be asked jointly and severally and as above.

14) Item: Let the witness be asked: in what particular port and place, and in what degree of latitude was or were the ship and goods, concerning which you are now examined, taken and seized. At what time, and upon what day of the month, and in what year was or were the said ship and goods so taken and seized. And let the witnesses be asked jointly and severally and as above.

15) Item: Let the witness be asked: whether was there any, and what particular charter party signed for the voyage, or intended voyage, wherein the ship, concerning which you are now examined, was taken and seized. What is become thereof. When, where and between whom was the same made, what was the contents thereof. And let the witness be asked jointly and severally and as above.

16) Item: Let the witness be asked: what particular papers, Bills of Lading, passes, letters or other writing were aboard the said ship at the time of the seizure of the said ship, and what are become thereof. And let the witnesses be asked jointly and severally and as above.

17) Item: Let the witness be asked: what loss or damage have you sustained by reason of the seizing and taking of the said ship, goods and merchandises, concerning which you are now examined. To what value does such loss or damage amount, and how, and after what manner do you compute such your loss and damage. Have you received, or do you expect to receive, any and what satisfaction for such the loss and damage which you have sustained, and when and from whom did you receive, or do you expect to receive, the same. And let the witnesses be asked to jointly and severally and as above.

[signed]: Henry Beavis.

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Court Paper 2

The sayings and depositions of persons produced, admitted, sworn and examined on the severall interrogatories annexed to a commission issued under the seale of the High Court of Admiralty of England, bearing date the twentieth day of September one thousand seven hundred and forty four [1744], for the examination of the respective masters and some of the marriners and others, of all and singular the ships and vessels seized, or to be seized in the port of Barnstaple or districts thereof, or taken, or to be taken, by any private Man of War by virtue of Letters of Marque or Commission of War, or recovered, or to be recovered from the Kings enemies by any of his Majesty's ships of war, or otherwise, and brought, or to be brought, into the port of Barnstaple or districts thereof follow, to witt:

Etianne Tanquerey of D'agon in the Province of Normandy in the Kingdom of France (master of the ship Charle Vincent of the port of Grandville) aged thirty four years or thereabouts, being sworn and examined (by the interpritation of Peter Bird of Barnestaple aforesaid, cordwinder), deposeth and saith:

To the first interrogatory he deposeth and saith: that he was born in Dagon aforesaid, where he hath lived ever since, and that he is a subject to the Crown of France.

To the second interrogatory deposeth and saith: that on the fourteenth day of August last past (new stile) the said ship Charle Vincent, and the lading goods and merchandizes therein, concerning which he is now examined, was taken and seized by Richard Vernam, captain of the ship called the Benson Gally, belonging to Apledore as this depon[en]t hath been informed, being then fishing on the Grand Bank of Newfoundland, and that the said ship made no resistance, nor fired any guns against the ship or persons who seized the same, or any person whatsoever, and saith that: as soon as the said ship was so taken, the said Captain Vernam ordered all the crew belonging to the said French ship (except this deponent, and one more) on board the said Benson Gally, and put severall hands of his own into her, who carryed her in the harbour of Placentia in Newfoundland aforesaid, where they stayed about fourteen or fifteen days, and were afterwards put on board the said prize, and therein sent under the com[m]and of Thomas Hammatt (who was appointed master thereof, by the said Vernam) unto Apledore aforesaid, where she arrived the twenty seventh day of this instant September (new stile) and now is with all her lading goods and merchandizes that were on board her at the time she was so taken.

To the third interrogatory he deposeth and saith: that the said ship, goods, wares and merchandizes, concerning which he is now examined, were taken and seized by the said Benson Gally, which this depon[en]t apprehends to be a private man of war belonging (as this deponent hath been informed) to Mr Benson of Apledore aforesaid, which said private man or war had (as this deponent believes) a Com[m]ission to act as such.

To the fourth interrogatory he deposeth and saith: that the said ship and lading was so seized and taken, and brought into Apledore as aforesaid upon pretence that there was a war between the Crowns of England and France, and saith: that he doth not apprehend that the same is as yet condemned.

To the fifth interrogatory he deposeth and saith: that he this depon[en]t was appointed master of the said ship or vessel, concerning which he is now examined, by Le Sieur Bretel of Grandville aforesaid, merchant, sole proprieter thereof, as he apprehends the third day of November last (new stile), and that he then im[m]ediately took the possession of her at Grandville aforesaid.

To the sixth interrogatory he deposeth and saith: that besides him, this depon[en]t, there were twenty one French men on board the said ship or vessel, at the time she was so taken and seized, who all came on board her at Grandville aforesaid, and saith: that neither him, this depon[en]t, nor any of the officers or marriners belonging to the said ship or vessell had any part share or interest in the said ship, or her lading, or in any of the goods concerning which he is now examined.

To the seventh interrogatory he deposeth and saith: that [he] knows but little of the said ship or vessel till be was appointed master as aforesaid (this being the first voyage he ever made in her), and saith: that she is about the burden of one hundred tons and French built, and doth not know she was ever called by any other name than that of Charle Vincent.

To the eighth interrogatory he deposeth and saith: that the said ship or s[ai]d vessel (concerning which he is now examined) was bound from Grandville aforesaid to the Iland of Ré, there to purchase salt, wine and other provisions, and from thence to proceed to the Banks of Newfoundland, there to make a fishing voyage. And from thence to return with her cargoe of fish for a market at Dieppe, Havre de grace, Honfleur or some other place in France, which he should think best for his merchants interest.
And saith: that pursuant thereto, he sailed in the said ship from Grandville aforesaid the twenty fifth day of February last (new stile), and took in at the said Island of Ré, salt and other provisions, and there will proceed to the said Banks of Newfoundland, which he made on the first day of May last (new stile) where he continued fishing till the fourteenth day of August last (new stile) when she was taken. And saith: that she had one board then fourteen thousand of cod fish, seven hogsheads of train oyle, the remainder of the salt, and some provisions. And saith: that she had no prohibited goods on board her, nor was she ordered or intended to meddle in any illicit trade.

To the ninth interrogatory he deposeth and saith: that he knows that Monnsieur Bretel is proprieter of the said ship, he haveing been always the employer of her. And that the said Bretel lives in Grandville aforesaid, and is a subject to the French King.

To the tenth interrogatory he deposeth and saith: that he never saw any Bill of Sale made to the owner of the said ship, neither doth he know whither there was any such, or not.

To the eleventh interrogatory this deponent saith: that he cannot depose hereto any further than what he hath set forth in his deposition to the eighth interrogatory.

To the twelfth interrogatory he deposeth and saith: that there were no Bills of Lading signed for the goods seized on board the said ship, nor doth this depon[en]t apprehend there could be any such.

To the thirteenth interrogatory he deposeth and saith: that at the time he was so taken, he had on board severall letters, instruments in writeing and papers to prove the property of the ship and goods (concerning which he is now examined), and which are now produced and shewn to him, the particulars whereof are as follows (to witt) a paper writeing purporting sailing orders, and signed by the said Bretel, and this depon[en]t, touching his said voyage, one other paper writeing or book contained in four leases purporting an authentic coppy of the charter party relating to this voyage, delivered to him from the registers office at Grandville where the originall thereof is lodged, one other paper writeing purporting a Roll of the marriners belonging to the said ship, one other paper writeing purporting a Passport for the said ship under seale of Admiralty of France, two other papers writeings pinned together purporting a clearance and permit for the said ship, one parchment writeing purporting this depon[en]ts qualification for a master, one other paper writeing purporting a letter of creditt from the said Bretel the owner, to Monseur Recheileuir a merchant in Rochell, one other paper writeing purporting an order from the said Bretel to this depon[en]t to ransom the said ship in case she should be taken in her said voyage, one other paper writeing purporting an agreement between the said Bretel and this depon[en]t touching the said voyage, one other paper writeing purporting as account and receit of the salt taken in at Ré, and seven other paper writeings stitched together purporting receits and disbursments of this depon[en]t on account of the said ship and cargoe in her said voyage. And saith: that there were no other papers on board the said ship when she was so taken (to the best of this depon[en]ts remembrance) saveing four letters or coppys of letters now shewn to him (no ways relateing to the said ship or cargoe), and a receit to cure the ague.

To the fourteen[th] interrogatory he deposeth and saith: that the said ship, cargoe and goods (concerning which he is now examined) was taken and seized at the time and place by him before set forth, in the latitude of forty four degrees and twenty five minuits.

To the fifteenth interrogatory he deposeth and saith: that he refers himselfe to the coppy of the charterparty in his deposition to the thirteenth interrogatory enumerated, which together with the other papers in such deposition mentioned, are now in the custody of one of the commissioners appointed in behalfe.

To the sixteenth interrogatory he deposeth and saith: that he can depose no other matter or thing thereto, than what he hath already set forth in his deposition to the thirteenth interrogatory.

To the seventeenth interrogatory he deposeth and saith: that he computes his own private loss to be (on account of the taking and seizing of the said ship as aforesaid) the sume of one thousand and five hundred livers, estimateing therein as well his own effects on board the said ship as also his wages and such other profitt as might have accrewed to him, had such his voyage proved successfull. And saith: that he hath not received, nor doth expect to receive any sattisfaction for such his loss from any person or persons whatsoever.

[signed] E Tanquerey, Peter Bird.

On the twenty seventh day of September 1744, Repeated and acknowledged before Henry Beavis, commissioner.

In the presence of John Drake, notary publick.

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Court Paper 3

Charle Jourdan of D'agon in the Province of Normandy and Kingdom of France, marriner, lately belonging to the ship Charle Vincent, & aged sixteen years or thereabouts, being sworn and examined (by the interpritation of Peter Bird of Barnestaple aforesaid, cordwinder), deposeth and saith:

To the first interrogatory he deposeth and saith: that he was born in D'agon aforesaid, where he hath lived ever since, and is a subject to the French King.

To the second interrogatory he deposeth and saith: that in the month of August last, the said ship and goods, wares and merchandizes (concerning which he is now examined) were taken and seized by one Captain Vernam, master of an English ship (or he believed) being under English colours on the Grand Bank of Newfoundland, where she was fishing, without makeing any resistance or fireing any guns against the ship per persons who seized the same.

To the third interrogatory he deposeth and saith: that he deposeth and saith that he was present at the time of takeing and seizing the ship and lading goods and merchandizes, concerning which he is now examined, being one of her crew, but doth not know whither the ship which took her was a man of war or private man of war, nor to whence she belonged, or whither she acted under any or what commission.

To the fourth interrogatory this depon[en]t saith: that he believes the said ship and lading were so taken upon the pretence of a war between England and France, and that after she was taken, she was carryed into Placentia in Newfoundland, and afterwards brought to a port in England in the neighbourhood wherein he now is, but the name thereof he knows not, nor whither the said ship is yet condemned.

To the fifth interrogatory he deposeth and saith: that he knows that the name of the master of the said ship is Etienne Tanquerey, whome he has known from his infancy in D'agon aforesaid, and believes that he was appointed to be master of the said ship by Le Sieur Bretel of Grandville in France aforesaid, the owner thereof. And that the place of the said Tanquereys habitation was and is at Dagon aforesaid, and that the said Bretel and Tanquerey are subjects to the French King.

To the sixth interrogatory he deposeth and saith: that the marriners on board the said ship when she was taken, were in all twenty two French men, but doth not know that they, or any or either of them had any share or interest in the said ship or lading, but believes that the whole thereof belonged to the said Bretel the merchant.

To the seventh interrogatory he deposeth and saith: that he did not know the said ship or vessel till the time he was shipt on board her, which was in the month of February last. And that he believes her to be about the burden of one hundred tons. And that he doth not know she was ever called by any other name than the Charle Vincent.

To the eighth interrogatory he deposeth and saith: that the said ship sailed from Grandville aforesaid, to the Iland of Ré, where she took in some salt and provisions, and from thence proceeded to the Banks of Newfoundland, where she was taken by the said Captain Vernam as aforesaid. But to what place or port the voyage was to have ended (had she escaped being taken) this depon[en]t cannot set forth. And saith: that there was on board her at the time she was taken fourteen thousand of fish, some train oyle, and salt, and some provisions. And that there was no prohibited goods on board her.

To the ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth and sixteenth interrogatorys this depon[en]t cannot depose other than what he hath already deposed, being intirely ignorant of all matters or things mentioned in these interrogatorys.

To the seventeenth interrogatory he deposeth and saith: that he lost nothing by reason of taking the said ship, saveing only his cloaths, for that he this depon[en]t being a young marriner was to have no other pay or wages for the voyage than twenty livers, which was advanced to fitt him out for such voyage, by the said Bretel the merchant at Grandville aforesaid.

[signed] Charle Jourdan, Peter Bird.

On the twenty seventh day of September 1744, Repeated and acknowledged before Henry Beavis, commissioner.

In the presence of John Drake, notary publick.

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Court Paper 4

Thomas Hammatt of Northam in the County of Devon, marriner, aged twenty eight years or thereabouts, being sworn and examined, deposeth and saith:

To all the interrogatories he deposeth and saith as follows: that he was born at Apledore in the parish of Northam aforesaid, where he hath lived ever since, and that he is a subject to the Crown of Great Britain.

And that he, this depon[en]t, being at Placentia in Newfoundland in the service of Thomas Benson Esquire, as first mate of a ship called the Grace of Northam aforesaid, within the port of Barnstaple, in said county of Devon, on a fishing voyage there.

On or about the fifteenth day of August last (new style) the ship or vessel called the Charle Vincent, whereof Etienne Tanquerey was master, was brought into that harbour (as a prize taken from a subject belonging to the Crown of France) by John Hancock, first Lieutennant of a private men of war called the Benson Gally, belonging to the said Thomas Benson whereof Richard Vernam was master and com[m]ander, who haveing taken the same (as this deponent was informed) on the Grand Bank of Newfoundland, had sent her in by the said Hancock, to the said harbour of Placentia, to be secured for the benefit of the said Thomas Benson.

And saith: that about three or four days after her arrival there, the said Captain Vernam also came in himself in the said Benson Gally, haveing on board him all the crew belonging to the said French ship, excepting the said Master and one of his men, who were on board the said ship with the said Hancock.

And saith: that about fourteen or fifteen days afterwards, he this deponent, was appointed by the said Captain Vernam to carry the said ship (Charle Vincent) to the port of Barnstaple, and accordingly he this depon[en]t, with twelve other English marriners in the service of the said Mr Benson, and having the captain of and two other ladds belonging to the said French ship on board, sailed from Placentia aforesaid and arrived at Appledore within the port of Barnstaple aforesaid, on the sixteenth day of this instant September (old stile), together with her full lading, as he received the same, consisting of about fourteen thousand fish, as he computes the same, twenty four hogsheads of blubber and trayn oyle, and some salt and provisions.

And saith: that at the time the said Captain Vernam ordered this deponent to take charge of the said ship, he delivered him the key of the Captains great cabin, and also a bundle or parcel of papers relating to the said ship, directing him to keep the same till he should be examined by a proper authority, touching the said ship and cargoe, all which papers contained in such bundle or parcel, he this depon[en]t, hath this very day delivered into the hands of one of the commissioners acting in this behalf, in the same plight and condition he received the same, without any fraud, addition, substraction or imbezelment, and saith that the said severall papers haveing been this very day produced by the said commissioners, or one of them, and shewn to the said Etienne Tanquerey master of the said ship, at the time of his examination by the said commissioners, or one of them, he the said Tanquerey did then declare and depose in the presence of him this depon[en]t, that the same letters so produced were all the papers, instruments, letters and writeings which were on board the said ship at the time she was so taken as aforesaid, by the said Mr Vernam, and that he knows not the contents thereof, as they are written in the French language with which this deponent is not accquainted.

[signed] Thomas Hammatt

On the 27th day of September 1744, repeated and acknowledged before Henry Beavis, commissioner.

In the presence of Joan Drake, notary publick.

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Court Paper 5

Be it rememb[e]red whome these presents do or shall concerne, that the before named Etienne Tanquerey, Charle Jourdan and Thomas Hammatt, were by virtue of the commission herein before mentioned, in my presence produced and brought before and secretly and seperately sworn, examined & interrogated by Henry Beavis of Barnstaple in the County of Devon, gentleman, one of the commissioners in the said commission named upon the severall interrogatorys herein before contained (being a coppy of the interrogatorys annexed to the said commission) and their sayings and depositions are faithfully reduced into writing by me John Drake, notary publick, substituted and appointed for that purpose, by the Deputy Register of the High Court of Admiralty of England in the said commission named.

And in regard that two of the said Etienne Tanquerey and Charle Jourdan (two of the said witnesses) are Frenchmen and do not understand the English language, Peter Bird of Barnstaple in the county of Devon, cordwainer (being a person of good fame and conversant in, and well acquainted with, both the said languages) was sworn for our Sovereigne Lord the King truely and faithfully to interpret the sayings and depositions of the said witnesses.

And such the sayings and depositions of all the before named witnesses so reduced into writing, are to these presents annexed, in order to be transmitted to the Judge of the said Court of Admiralty, or his surrogate, as the said commission requires.

All which I do hereby certifye under my hand and notarial seal at Barnstaple aforesaid, on the twenty eighth day of September, one thousand seven hundred and forty four [1744].

[signed] John Drake, notary publick.

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Court Paper 6

On the outside:
Le Charles Vincent, Estienne Tanqueray M[aste]r
Allegation given by Tyndal & adm'd
23 Oct 1744

Text of document:
23 October 1744
In the Admiralty.
Le Charles Vincent, Estienne Tanqueray master.

Richard Vernam, commander of the private ship of war called the Benson Galley, against the said ship called Le Charles Vincent, and her tackle, apparel and furniture, and the goods therein taken and seized by the said private ship of war the Benson Galley, and brought to Appledore in the county of Devon in speciall and against all persons having or pretending to have any right, title or interest in the said ship Le Charles Vincent, and the goods therein taken and seized in general.

On which day, Tyndale - as lawfull proctor for the said Richard Vernam by all lawfull ways and means, and to all effects of law whatsoever, alleged, pleaded and propounded as follows, to wit:

Firstly:
That in the current year of our Lord 1744, war and hostility was declared by his most sacred Majesty George the Second, by the grace of God of Great Britain, France and Ireland, King, Defender of the Faith, and so forth, against the French King, his subjects & vassels and others living, residing or inhabiting within any of his Countries, Territories or Dominions. And this was and is true, publick and notorious, and the party proponent doth alledge and propound of any other time and everything contained in this article jointly and severally.

Secondly:
That on or about the nineteenth day of the month of May last past, a Commission or Letter of Marque issued and was granted under the Great Seal of the High Court of Admiralty of England, to the said Richard Vernam to fitt out the said ship the Benson Galley as a private ship of war, and to set upon by force of arms and subdue and take the ships of war and other vessels whatsoever, as also the goods, wares, merchandizes, monies and effects belonging to the said French King, or to his vassals, subjects or others living, residing or inhabiting within any of his Countrys, Territories or Dominions, and such other ships, vessels, goods and effects as are or shall be lyable to confiscation, pursuant to the Treaties between the Crown of Great Britain and other Princes, States and Potentates, as in and by the records of this Court to which the party proponent doth refer, may and doth more fully and at large appear, and this was and is true, publick and notorious, and the party proponent doth alledge and propound as above.

Thirdly:
That the said ship Le Charles Vincent (whereof the said Estienne Tanqueray was master), belonging to the said French King or to his vassels or subjects, or others living, residing or inhabiting within his Countries, Territories or Dominions, having goods, wares and merchandizes of the growth and manufactures of the Dominions of the crown of France, and belonging to the subjects or vassels of the French King or others, enemies of the Crown of Great Britain, was on or about the third day of the of month of August 1744, taken and seized as lawful prize, by the said private ship of war called the Benson Galley, whereof the said Richard Vernam was and is commander, and was afterwards brought to Appledore in the County of Devon, and the party proponent doth alledge and propound as before.

Fourthly:
That the said ship and goods were and are the ship and goods of or belonging to the French King or his subjects, vassels or others living, residing or inhabiting within his Countries, Territories or Dominions, enemies of the Crown of Great Britain and as such ought to be confiscated, condemned and adjudged for, and as good and lawfull prizes, and the party proponent doth alledge and propound as above. 

Fifthly:
That all and singular the premises were and are true, publick and notorious, and thereof there was and is a publick voice fame and report, of which legal proof being made, the party proponent prays you the Right Worshipfull Sir Henry Penrice, Knight, Doctor of laws, Lieutenant, President and Judge of the High Court of Admiralty of England, or your lawfull surrogate, that Right and Justice may be duly administered to him and his party in the premises, and that the said ship Le Charles Vincent, and her tackle, apparell and furniture, and the goods and effects taken therein, be pronounced to belong at the time of the capture and seizure thereof, to the French King, or to his vassals, subjects or others living, residing or inhabiting within his Countries, Territories or Dominions, and as such liable and subject to confiscation and condemnation, and to be adjudged and condemn[e]d as and for good and lawful prize to the said Richard Vernam, commander of the said private ship of war called the Benson Galley, by you and your definitive sentence or final decree to be given in this behalf.

[signed] Geo[rge] Hay

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Court Paper 7

Le Charles Vincent, Etienne Tanqueray M[aste]r.
Three examinations taken at Barnstaple with two attestations and twenty two papers bro[ught] with Sayer.
2nd October 1744

Etienne Tanqueray of D'agon in the Province of Normandy and Kingdom of France, master of the ship Charle Vincent when she was taken and seized by the Benson Gally (whereof Richard Vernam was com[m]ander), on the Banks of Newfoundland, deposeth and saith: that at the time his said ship was so taken and seized as aforesaid, there were no other papers or writeings on board her relating to the said ship so taken, but what are hereunto annext.

[signed] E. Tanqueray, Peter Bird.

Sworn at Barnstaple in the County of Devon the twenty seventh day of September 1744 (by the interpritation of Mr Peter Bird) before Henry Beavis, com[m]issioner.

In the presence of John Drake, notary publick.

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Court Paper 8 (a list of the French ship’s papers)

Translated from the French papers taken on board the ship called Le Charles Vincent.

No.1
Is a Charter Party entered into between John Bretel, a burgess and merchant at Granville, owner and fitter out of the ship called the Charles Vincent, then lying at Granville, and the officers and mariners of the said ship, whereby they obliged themselves to the said owner, to go to Newfoundland a fishing under the command of Stephen Tanqueray, captain of the said ship, under the penalties & upon the terms and conditions mentioned in the said Charterparty. Dated 23rd January 1744.

No.2
Orders and directions given by Mr Bretel the owner of the ship the Charles Vincent, for his behaviour in the voyage he was going as Captain of the said ship, first to the Isle of Ré to take in his salt, and from thence to the Banks of Newfoundland a fishing.

No.3
Roll of Equipage [Crew list] of the ship the Charles Vincent, built in 1740 at Granville, of the burthen of a hundred tons, belonging to Mr Bretel of Granville, fitted out there by him, under the command of Stephen Tanqueray, to go to the Bank with a crew of two and twenty persona, the submission, permit and receipt, all dated at Granville the 25th February 1744.

N.B. The original document is included, with a reference SP3, and consists of a double-sided sheet, partly printed and tabulated, with the details filled in by hand. See below for further details.

No.4
Lewis John Mary [Louis Jean Marie] de Bourbon, Duke of Penthievre of Chateaux Vilain [Châteauvillain], and of Rambouillet, Admiral of France, Gouvernour and Lieutenant General for the King in his Province of Britanny. To all to whom these presents shall come, greeting.

We make known that we have given leave and passport to M[onsiu]r Stephen Tanqueray, captain and master of the ship called Le Charles Vincent of the burthen of a hundred tons or thereabouts, being at present at the harbour of Granville, well and duly to equip and fitt out his said ship, and to arm her against all incursions of the enemies of the state, pirates & lawless people, to carry and conduct them to the Isle of Ré, there to take and get in his salt, and from thence to the Banks of Newfoundland, or along the coasts of the sea to fish for cod, with a charge that neither he nor his crew do make any bargain or exchange for furrs of the countries of new France, either directly or indirectly, under pain of confiscation of ship and goods, and after his said ship shall have been searched before he sails, he shall make oath before the Judges of the Marine that he will observe & cause to be observed by his crew, the ordinances of the marine and shall lodge in the registry a roll containing the number of guns, arms, amunition and provisions, and the names and surnames, places of birth & aboad of the men who shall embark on board, him without concealing any one & at his return before he shall unload any thing he shall make a faithfull report of what shall have been done and passed during his voyage, and shall declare whether he has brought back all his men, and if he has not brought them back, the place where he has left them under the penalties laid by the ordinances, and shall carry the colours, arms & ensigns of his Majesty, and of us during his voyage.

We pray and request all Princes, Potentates, their Lieutenants General, Admirals, Governours of their provinces, towns, harbours, and heads of their sea forces. We order & command the Judges and Offices who exercise jurisdiction in maritime causes, and captains Guarde Costas, and others subjects of the King whom it shall concern to let the said Stephen Tanqueray freely and securely pass, go, come, sojourn and return through each of their powers, Gouvernments, Jurisdictions and Districts with his said ship, crew, arms, cloaths and cargoe, without causing or giving or suffering to be given to him any trouble, disturbance, uneasyness or impediment wh[at]soever but rather all favour, support, succour, aid & assistance in case of need, and the same be required.

In witness whereof, we have caused our signature and the seal of our arms to be put to these presents, and the same to be countersigned by the Secretary in Ordinary of the Marine at Granville, the 25th February 1744.

[signed] L.J.M. de Bourbon.
<SEAL>

By his most serene highness.
Romien

Registered in the Registry of the Admiralty at Granville the 25th February 1744.
Seen at the Registry of the Admiralty of Rochel.
Kept at Ars(?) the 5th March 1744.

No.5
A Declaration by Mr Bretel the owner, made before the Officers at Granville the 19th of February 1744, of his having caused to be laden on board the ship le Charles Vincent, sundry provisions and stores to go to the Isle of Ré for salt, and from thence a fishing to the Banks of Newfoundland.

No.6
A permit from the Customs House at the Isle of Ré, dated 24th March 1744, for ninety five miuds of salt, to be laden duty free on board the ship le Charles Vincent, Stephen Tanqueray captain, going to the Banks of Newfoundland.

No.7
A letter dated at Granville the 25th of February 1744 from Mr Bretel to Mr Lewis Rocheclaire merchant at la Flotte acquainting him that he was sending his ship to the Isle of Ré to take in his salt, and that he had sent by the captain a thousand livres to purchase the same, and other necessaries, with orders to give him the preference provided he furnishes him in a proper and expeditious manner.

No.8
Is a power from Mr Bretel the owner to the Captain in case of war, to ransom the ship for four or five thousand crowns after the rate of two hundred livres for every thousand cod.

No.9
Is a rough draught of an agreement between Stephen Tanqueray & Mr Bretel concerning the said Tanquerays commanding the said ship the Charles Vincent.

No.10
An account of the cargoe of salt and other things furnished for the ship the Charles Vincent of Granville, amounting to 700,18.3 dated at Loix the 27th March 1744.

No.11
Is a warrent from the Admiral of France dated the tenth of January 1742, containing the proceedings on the examination of Stephen Tanqueray and appointing to be a captain & master of ships.

No.12
An account of the monies laid out by the Captain for salt, wine, brandy & other necessaries for the ship the Charles Vincent.

No.13
A bill and receipt from Mr Plaideau dated the 15th of March 1744, for 202ll.7s for wine & brandy furnished to Mr Stephen Tanqueray.

No.14
A receipt from John Brin dated the twenty sixth of March 1744 for sixty six livres received of Stephen Tanqueray for a ton of red wine, delivered to him by the said Brin.

No.15
A receipt dated at the Isle of Ré, the twenty sixth of March 1744, signed Labeauval for sixty six livres, five sols, received of Cap[tai]n Tanqueray for sundry utensils for the use of his ships.

No.16
A receipt dated at the Isle of Ré, the fifth of March 1744, for four livres received of Stephen Tanqueray com[mande]r of the Charles Vincent of Granville, for the fine in the Tower de Chassiron.

No.17
A receipt dated at the same day for fifty sols for the duties after the rate of six deniers p[er] ton for the light house in the Tower des Baleines.

No.18
A bill dated the sixth March 1744 of Mr Labeauval on Mr Tanqueray for sundrys amounting to 66,5,6.

No.19
Seems to be a draught of a letter dated at St Martin in Ré, the 27th March 1744, from the Captain to his owner, acquainting him that he was ready to sail, were it not for the noise of war which hinders all the ships from going, only that nobody was gone out but Poitier who commands a ship belonging to Mr Cyron who sailed Wednesday last, that he intends to do as the rest of his Comrades if they go out, he will, but that they are all agreed to stay till they hear from Granville by reason that all the merchants there had insured one another, and that if warr should be declared after they were out, that they should ruin Grandville with other particulars of no material consequence.

No.20
A letter dated at Dieppe the 21st May 1743, from one Mr Pluyotte to Captain Tanqueray at Dagon in lower Normandy, concerning private affairs & no ways relating to the ship le Charles Vincent.

No.21
A letter dated at Dieppe the 14th of September 1741, from Captain Tanqueray to his friend Mrs Barbe Tanqueray containing matters of compliments only.

No.22
Is a Phisitians [physician’s] bill, or a receipt for some medicine or remedy.

Faithfully translated from the French at London, this fifth of October 1744, by me: Edw[ar] Rushworth, no[ta]ry publ[ick].

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There follows a collection of 23 (not 22) documents, all in French, as per the above list.

Details of SP1 are as follows:

Role de l'equipage du Navire Le Charles Vincent construit en 1749 à Granville du port de 100 tonneaux, armé en Guerre de ~ canons, & de ~ en Marchandise, de  & de ~ livres de calibre, aïant ~ Pierriers, ~ Fusils, ~ Sabres, tirant d'eau chargé 10 pieds, & non chargé 8 pieds, 2 pont, ~ Gaillard, apartenent à Mr Bretel de Granville, armé à la part à Granville par Lay meme sous le commandement d Ethienne Tanqueray pour aller à Royane auquel Equipage il a été payé pour Pot de Vin, les sommes tirées hors ligne.

Then there are printed columns to be filled in, headed:
Noms, Surnoms, Demeures & Qualitez
Ages, Tailles & Poils
Qualités & Soldes au Service du Roi
Nombres des Lots à chacun
Pot de Vin

The crew's names are hand-written in these columns, and therefore less clear, but appear to be:

Officiers
Ethienne Tanqueray, d'Agon, aged 34
Charles Tanqueray, ditto, aged 27

Matelotes (sailors)
Pierre Thelot, de Granville, aged 26
Jean Fichet, ditto, aged 58
Laurens Jourdan, d'Agon, aged 47
Jacques Montchatore, d'Aourville, aged 38
Andre Piton, ditto, aged 32
Jean Thelot, ditto, aged 27
Gilles Fauvel, ditto, aged 26
Nicolas Menage, d'Agon, aged 42
Charles Ledos, ditto, aged 37
Thomas Grandtier, de Cherboug, aged 30
Michel Le Loutre, de Brainville, aged 42
Charles Cecille, de Granville, aged 52
Charles Adelus d'Agon, aged 20
Jean Laurens, ditto, aged 18
Nicolas Leiniere, de Gratot, aged 23
Louis Caul, de la Ronehayem aged 24
Jean Francois Harmand, de Cherbourg, aged 24

Mousses (apprentices, or cabin boys)
Gilles Vauttier, de Langronne, aged 17
Charles Jourdan, d'Agon, aged 16
Michel Lepeley, de Gratot, aged 17

No attempt has been made here to read or verify the other documents.

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