Prize Papers for the ship ‘Le Pierre André’

Taken by the Benson Galley (1744)

Transcribed by David Carter 2023
From National Archives document: HCA 32/143/14

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

= = = = = = = = =

Catalogue listing:

1744
Captured ship: Le Pierre André of Granville (master Michel des Vaux).
History: a French ship (95 tons, 21 men), bound from Newfoundland to Granville, laden with cod, whale oil, salt and provisions; taken about the 14 July 1744 at Placentia Bay, Newfoundland by the privateer Benson Galley (Richard Vernam commanding), and brought into Barnstaple.
[CP 1-CP 6]: standing interrogatories, three examinations, commissioners' affidavit, docket;
[CP 7]: allegation;
[CP 8-CP 9]: attestation as to papers, and abstracts and translations of the 4 ship's papers.
Ships Papers numbered SP 1-SP 4, including a muster roll, ship's pass and 2 customs papers.
[Decision: condemned as prize, 3 November 1744]
English and French
Reference:    HCA 32/143/14
Extra information from HCA 30/775/4
https://discovery.nationalarchives.gov.uk/details/r/C14513695

= = = = = = = = =

Index of Surnames:

Baker
Beavis
Benson
Bird
Dale
Drake
Penrice
Rushworth
Salmon
Vernam

N.B. French surnames excluded.

= = = = = = = = =

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 Feb 25 – Passport registered for Le Pierre Andre at Granville
1744 Feb 26 – Michel Desvaux appointed master of Le Pierre Andre by Duprey Hugon [Gregorian calendar]
1744 Feb 26 – Le Pierre Andre left Granville
1744 Mar 07 – Passport for Le Pierre Andre seen at Roscof
1744 Apr 11 – Le Pierre Andre arrived at Banks of Newfoundland [Gregorian calendar]
1744 May 19 – Letter of Marque issued for Benson Galley (see HCA 26/4/83)
1744 Jun 15 – Court Paper 6 (unknown what this is)
1744 July 14 – Ship seized at Placentia Bay (according to Salmon) [Julian calendar]
1744 July 25 – Ship seized on the Grand Banks (according to Desvaux) [Gregorian calendar]
1744 Aug 26 – Thomas Salmon appointed master of Le Pierre Andre
1744 Sep 06 – Le Pierre Andre set sail for England
1744 Sep 29 – Le Pierre Andre arrived at Barnstaple
1744 Sep 20 – General depositions prepared by the High Court of Admiralty
1744 Sep 29 – Deposition of Thomas Salmon taken at Barnstaple
1744 Oct 01 – Deposition of Michel Desvaux taken at Barnstaple
1744 Oct 01 – Deposition of Jean Adlues taken at Barnstaple
1744 Oct 05 – Depositions given to Admiralty
1744 Oct 06 – French documents translated in London
1744 Nov 03 – Documents presented at Admiralty in London
This date also confirmed in HCA 30/775/4

= = = = = = = = =

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 which 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 enemys, by any of his Majesties ships of war, or otherwise, and brought or to be brought into the afores[ai]d 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 aforesaid 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 merchandizes, 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 taking 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 therewith. 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 were the severall laders or owners thereof, and what country men are they, where 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 really 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 writings 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 merchandizes, 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, commissioner
John Drake, notary publick

= = = = = = = = =

Court Paper 2

The sayings and depositions of persons produced, 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 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 Com[m]ission 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):

Thomas Salmon of Apledore within the port of Barnestaple in the county of Devon, marriner, aged twenty six years or thereabouts, being sworn and examined, deposeth and saith:

To the first interrogatory he deposeth and saith: that he was born in Placentia in Newfoundland, where he hath lived till about four years since, when he came to live at Apledore aforesaid, where he hath ever since lived, and now doth live with his wife and family. And that he is a subject to the King of Great Britain.

To the second interrogatory deposeth and saith: that he cannot set forth of his own knowledge, but hath heard and believes that the ship Le Pierre André, and the lading goods and merchandizes, concerning which he is now examined, were taken and seized about the fourteenth day of July last past, by Richard Vernam, captain of the Benson Gally, a private man of war belonging to Thomas Benson of Apledore aforesaid, esqr. And this deponent is induced so to believe for that he being a mate of a merchant ship called the Britannia belonging to the said Thomas Benson, and fishing at Placentia aforesaid, on or about the fourth day of August last past. The said Captain Vernam being on a cruse on the Banks of Newfoundland aforesaid, brought into Placentia aforesaid, the said ship as a prize. And saith that on the twenty sixth of the same month of August, he this depon[en]t was appointed Master of the said ship by the said Captain Vernam. And that on the sixth day of this instant September, this depon[en]t sett sail in her for the Port of Barnstaple aforesaid, where he arrived this present twenty ninth day of September.

To the third interrogatory he deposeth and saith: that he was not present at the time of the taking and seizing the said ship and her lading goods and merchandizes, concerning which he is now examined, but saith: that the Benson Gally by which she was taken, was a private man of war, and acted as such under a Commission under Seal of the Court of Admiralty of England, as he hath heard and believes.

To the fourth interrogatory he deposeth and saith: that the said ship and lading was seized and taken upon pretence that there was a war between the Crowns of Great Britain and France, and doth not apprehend the said ship is not yet condemned.

To the fifth interrogatory he deposeth and saith: that altho[ugh] he brought home, the master of the said ship (concerning which he is now examined) he doth not know his name, but that he believes he sailed out of Grandville, and is a subject to the French King. And that the said Master of the said ship (so seized) informed this depon[en]t that he himselfe was a part owner thereof, and that the other proprietors thereof were merchants of France and subjects to the French King.

To the sixth interrogatory he deposeth and saith: that the number of marriners belonging to the said ship or vessel, at the time she was so taken and seized, were one and twenty, the master included, all Frenchmen. And further to this interrogatory cannot depose more than what he hath already set forth.

To the seventh interrogatory he deposeth and saith: that he never saw the said ship till she was brought into Placentia by the said Captain Vernam as aforesaid. And that she is of about ninety tonns burden and French built, and called by the name of Le Pierre André, and doth not know she was ever called by any other name.

To the eighth interrogatory this depon[en]t saith: that he doth not know what particular port of lading or goods the said ship had on board her at the time she was so taken and seized, but that when she was so brought into Placentia as aforesaid, her cargoe consisted of about sixteen thousand of codd fish, some oyle, salt and provisions, which this deponent apprehends were on board the said ship at the time she was so taken and seized as aforesaid, all which was brough[t] home in the said ship by this depon[en]t into the port of Barnstaple aforesaid, except such provisions as were spent in her voyage homewards.

To the ninth, tenth, eleventh and twelfth interrogatorys this depon[en]t cannot depose any other than what he hath already deposed in his former depositions.

To the thirteenth interrogatory he deposeth and saith: that at the time the said Captain Vernam comitted to him the charge of the said ship or vessel, in order to bring the same to England, he also delivered to him the four severall papers or instruments herein after mentioned (to witt): one other paper purporting a passport from the Admiral of France, one other purporting a receipt or accquitance of Port Dutys, and one other purporting some acknowledgement as this depon[en]t apprehends. All which papers he believes relate to the property of the said ship, and all which papers he hath now delivered into the hands of the commissioners appointed in that behalf, and are all that ever came to his hands, possession or knowledge.

To the fourteenth, fifteenth, sixteenth and seventeenth interrogatorys, this depon[en]t cannot depose other than what he hath already deposed.

[signed]: Thomas Salmon

On the twenty ninth day of September 1744, repeated and acknowledged before:
John Baker, mayor of Barnstaple & Com[m]iss[ione]r
Henry Beavis, commissioner.
In the presence of John Drake, notary publick.

= = = = = = = = =

Court Paper 3

By the ship's master: Michel Desvaux
To the fourth interrogatory this depon[en]t saith:..

UNFORTUNTELY THE FIRST PAGE OF THESE DEPOSITIONS WAS NOT PHOTOGRAPHED.
THE MISSING INFORMATION WILL BE ADDED AS SOON AS POSSIBLE.

[Page 2]
…not know whither she is as yet condemned. And saith: that there came here also with this depon[en]t two other of his hands (to witt) Jean Baptist Adelus and Jean Lefevre.

To the fifth interrogatory he deposeth and saith: that he was first appointed be Master of the said ship (concerning which he is now examined) by Duprey Hugon of Grandville in the said Kingdom of France, merchant, who delivered the possession thereof to this deponent, on or about the twenty sixth day of February last past (new stile) at Grandville aforesaid, in order to make a fishing voyage on the said Bank of Newfoundland.

To the sixth interrogatory he deposeth and saith: that the marriners belonging to the said ship or vessel at the time she was taken and seized, were one and twenty in number (himself included), all Frenchmen and subjects to the French King, who all came on board the said ship at Grandville aforesaid. And saith: that neither he, this depon[en]t, nor any other of the officers or marriners of the said ship had any part share or interest therein, nor in any of the goods, wares or merchandizes, concerning which he is now examined.

To the seventh interrogatory he deposeth and saith: that he knew the said ship or vessel, concerning which he is now examined, for about two years next before his being appointed Master thereof, she being then the property of the said Duprey Hugon, and the first time he saw her was at Grandville aforesaid. And that the said ship is of about one hundred tons burden, and was built at Grandville aforesaid. And saith: that she was called by the name of Le Pierre André, and by no other name, as this depon[en]t ever heard of.

To the eighth interrogatory he deposeth and saith: that the said ship or vessel, concerning which he is now examined, was bound and intended to proceed on a fishing voyage on the said Bank of Newfoundland, and from thence to proceed with her cargoe of fish when taken, to sell and dispose thereof at some markett in France aforesaid, and in particular to Dieppe or Honfleur. And saith: that accordingly he set saile in the said ship (haveing then salt sufficient for the intended fishing voyage, which was taken in at Grandville aforesaid, and proper provisions for the said ships company) from Grandville aforesaid on the said twenty sixth day of February. And that she arrived on the said Bank of Newfoundland the eleventh day of April last (new stile) where she fished till the time she was taken as aforesaid. And saith: that at the time she was so taken, she had very near made her complement of fish, and had on board her seventeen thousand of cod fish, about ten tons of salt, five barrells of trayne oyle, besides provisions. And saith: that she had no prohibited goods on board, nor was designed for any illicit trade.

To the ninth interrogatory, he deposeth and saith: that the said Duprey Hugon was sole owner of the said ship or vessel, concerning which he is now examined, at the time she was so seized and taken, for that he always employed her as his own. And saith: that the said Duprey Hugon is a native of Grandville aforesaid, where he hath always and doth now live with his wife and family. And that he is a subject to the French King.

To the tenth interrogatory he deposeth and saith: that he knows nothing of any Bill of Sale made to the owner of the said ship or that it is usuall for merchants to have such Bill of Sale.

To the eleventh interrogatory he deposeth and saith: that the lading of salt and provisions aforesaid which were on board the said ship at the time she was taken, was put on board her at Grandville aforesaid, in the said month of February by the said Duprey Hugon at his sole expense. And saith: that the remainder of the cargoe being cod and trayne oyle as aforesaid, were caught, put on board and cured in and by the said ship and crew on the Banks of Newfoundland aforesaid. All which were the sole property of the said Duprey Hugon at the time she was so taken.

To the twelfth interrogatory he deposeth and saith: that he had not any Bills of lading for the goods seized on board the said ship, of any kind whatsoever, nor were there any such seized.

To the thirteenth interrogatory he deposeth and saith: that he had not at the time he was so taken as aforesaid (on board the said ship, concerning which he is now examined) any Bills of Lading, invoices, letters, or any instruments in writeing, or papers to prove the property of the said ship and goods, except the four printed and written papers hereinafter mentioned (to witt): one Rolle or Register of the Company of the said ship, one other paper purporting a passport from the Admiralty of France, one other purporting a receit or accquittance of Port Dutys, one other purporting an acknowledgement of what goods and provisions he had shipt on board the said ship at Grandville aforesaid, for the intended voyage. All which he came possessed of as being Master of the said ship, the two first whereof were delivered to him by the said Duprey Hugon the merchant, all which papers are now produced and shown to this depon[en]t. And saith: the same were on this depone[nt]s chest in the said ship at the time she was so taken as aforesaid. But who took them thereout this depon[en]t cannot set forth. And saith: that he had no other papers of any kind on board the said ship when she was so taken as aforesaid, but what are above sett forth.

To the fourteenth interrogatory he deposeth and saith: that the said ship and goods (concerning which he is now examined) were so taken and seized on the said twenty fifth day of July last past, on the Grand Banks of Newfoundland in the Latitude of forty five degrees.

To the fifteenth interrogatory he deposeth and saith: that he knows nothing of any charterparty signed for the intended voyage, wherein the ship concerning which he is now examined, was taken and seized, he haveing never seen or heard of any such.

To the sixteenth interrogatory he deposeth and saith: that he cannot sett forth or depose anything further hereto than what he hath already set forth in his deposition to the thirteenth interrogatory.

To the seventeenth interrogatory he deposeth and saith: that by reason of the takeing and seizing the said ship, goods and merchandizes (concerning which he is now examined) he hath received loss on his own private account (computing his share of the said fish and oyle, his portlege and his cloathes, and instruments of navigation) to the amount of one thousand and four hundred livers. And saith: that he hath not received, nor doth expect to receive any sattisfaction for such loss sustained, from any person or persons whatsoever.

[signed]: M. Desvaux, Peter Bird

On the first day of October 1744, Repeated and acknowledged before Henry Beavis, commissioner.
In the presence of John Drake, notary publick.

= = = = = = = = =

Court Paper 4

Jean Adlues of D'Agon in the Province of Normandy and Kingdom of France, marriner, aged fifteen years or thereabouts, one of the crew belonging to the ship or vessell called Le Pierre André, when she was taken and seized on the Banks of Newfoundland, being sworn and examined (by the Interpritation of Peter Bird of Barnestaple in the county of Devon and Kingdom of England, cordwainer) 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 that he is a subject to the French King.

To the second interrogatory he deposeth and saith: that the ship and lading goods and merchandizes (concerning which he is now examined) were taken and seized by Captain Vernam, belonging to an English private man of war, who carr[i]ed her into Placentia in Newfoundland aforesaid, and from thence was brought to a place called Apledore in the Kingdom of England, where she now lieth. And saith: that there was no resistance made, or guns fired against the ship or persons who so took the same.

To the third and fourth interrogatorys he deposeth and saith: that he was present at the taking and seizing the said ship and her lading (concerning which he is now examined). And saith: that be believes such private man of war belonged to an English merchant (whose name this deponent doth not know), but under what com[m]ission she acted as such private man of war this depon[en]t knows now. But he apprehends that she took the said ship and ladeing goods and merchandizes upon pretence that there was a war between the Crowns of England and France.

To the fifth interrogatory he deposeth and saith: that the master of the said ship called Michel Desvaux whome this deponent hath known for the space of four years last part, and that he lives at Blainville in the Province of Normandy aforesaid, with his wife and family, and is a subject to the French King. And saith: that the said Michel Desvaux was appointed master of the said ship by Duprey Hugon of Grandville in the said Province of Normandy ~?~, where he now lives with his wife and family, and is a subject to the French King, and sole owner and proprietor of the said ship lading and cargoe (concerning which he is now examined).

To the sixth interrogatory he deposeth and saith: that the marriner belonging to the said ship at the time she was so taken, were one and twenty in number (including the master). And saith: that he, this deponent and all the rest of the ships crew were French men and subjects to the French King. And saith: that neither he, this depon[en]t, nor any or either of the officers or marriners belonging to the said ship, had any share or interest in the said ship or lading, or in any of the goods, concerning which he is now examined, at the time the said ship and goods were so taken and seized.

To the seventh interrogatory he deposeth and saith: that he belonged to the said ship or vessell when she was taken and seized, had hath known her for the space of one year or thereabouts at Granville aforesaid, where he first saw her, but doth not know what burden she was, but believes her to be of French building, and was always called by the name of Le Pierre André, and by no other name ever since he knew her.

To the eighth interrogatory he deposeth and saith: that he understood that the said ship or vessell, concerning which he is no[w] examined, was intended to make a fishing voyage on the Banks of Newfoundland, and in order thereunto, he this depon[en]t and the rest of the crew belonging to the said ship, were shipped and came on board her at Grandville aforesaid, in the month of February last past, and from thence sailed to the Banks of Newfoundland where haveing fished for some considerable time, she was taken by the said Captain Vernam as aforesaid. And saith: that at the time she so sailed from Grandville as aforesaid, her cargoe consisted of salt and provisions, and that when she was so taken as aforesaid, she had on board her seventeen thousand of cod fish, some oyle, and what remained of the said salt and provisions, all which was brought to Appledore aforesaid in the said ship, except what part of the provisions were expended in her passage thither. And saith: that he doth not know whither the said ship was to proceed after she had made an end of fishing, in order to have ended her voyage.

To the ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth and seventeenth interrogatorys this depon[en]t cannot depose, other than what he hath already deposed, saveing only that he hath left some few cloaths (of little vallue) which were on board the said ship at the time she was taken, and nothing else for that his wages (which were eighteen livres) were advanced and paid him by the said Duprey Hugon the merchant, according to contract before his departure from Grandville aforesaid.
The mark of Jean Adlues.
[signed] Peter Bird

On the first day of October 1744, repeated and acknowledged before Henry Beavis, commissioner.
In presence of John Drake, notary publick.

= = = = = = = = =

Court Paper 5

Be it remembered whom these presents do or shall concern, that the before named Thomas Salmon, Michel Desvaux and Jean Adlues 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 copy of the interr[ogator]yes 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 witnesses (to witt) the said Michel Desvaux and Jean Adlues 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 truly and faithfully to interpret 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 certify under my hand and notarial seal at Barnstaple aforesaid, on the first day of October, one thousand seven hundred and forty four [1744].

[signed] John Drake, notary publick.

= = = = = = = = =

Court Paper 6

Friday the fifteenth day of the month of June, in the year of our Lord one thousand seven hundred and forty four, between the hours of nine in the morning and four in the afternoon of the same day, before the Right Worshipful Sir Henry Penrice, Knight and Doctor of Laws.

[Nothing else on this document]

= = = = = = = = =

Court Paper 7

On the wrapper:
Le Pierre André
Michel des Vaux, master.
Three E[xaminat]ions taken at Barnstaple with two attestations & one ~?~ paper brought in 5th Oct 1744.
Copy'd once.

Inside the document:
In the Admiralty, 3rd November 1744

Richard Vernam commander of the private ship of war called the Benson Galley, against the said ship called Le Pierre André, 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 the port of Barnestaple in Special and acquaint all persons having, or pretending to have, any right, title or interest in the said ship Le Pierre André, and the goods therein, taken and seized in General.

On which day Sayer, as lawful proctor for the said Capt[ai]n Richard Vernam, by all lawful ways and means, and to all effects of law whatsoever, alledged, pleaded, and propounded as follows, to wit:

First:
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 every thing 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 sett 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 Countries, Territories or Dominions, and as 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 part proponeat doth refer, may and doth more fully and at large appear. And this was and is true, publick and notorious. And the part proponeat doth alledge and propound as above.

Thirdly:
That the said ship Le Pierre André, 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 merchandises 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 fourteenth day of the of month of July 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 into the Port of Barnestaple, 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 good and lawful prize, and the party proponent doth alledge and propound as before.

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 proponeat 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 lawful surrogate, that Right and Justice may be duly administered to him and his party in the premises, and that the said ship Le Pierre André, and her tackle, apparel 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 condemned as and for good and lawful prize to the said Captain 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] Rob[er]t Dale.

= = = = = = = = =

Court Paper 8

On the wrapper:
Le Pierre André
Michael Des Vaux m[aste]r
Allegation given by Sayer & Adm'd
3rd Nov 1744

In the document:
Michel Desvaux of Blamville in the Province of Normandy in the Kingdom of France, marriner. late master of the ship or vessel Le Pierre André, when she was seized and taken on the Banks of Newfoundland by the Benson Gally a private man of war, belonging to the Port of Barnestaple in the County of Devon. And Thomas Salmon of Apledore in the parish of Northam in the said County of Devon, severally make oath as follows:
First the said Michel Desvaux for himselfe saith: that on the twenty fifth day of July last past (new stile) he was taken and seized by the said Benson Gally as aforesaid, and thereupon the keys of his cabbin and chest were demanded of him, which were delivered to one of the officers belonging to the said private man of war, but to whome, this deponent knows not. And saith: that the four instruments or papers hereto annexed (and which have been already shown to him by one of the commissioners appointed in this behalfe at the time of his examination) are all the papers or writings which were on board the said ship when she was so taken as aforesaid, and that they now are in the same plight and condition as they then were without any fraud, addition, subduction or embezilment. And the said Thomas Salmon for himself saith: that he was appointed by the said Captain Vernam to bring the said ship home to England. And that the said Captain Vernam at the same time delivered to this depon[en]t the four severall instruments or papers hereunto annexed, and accquainted him, this deponent, that they were all the papers which he had relating to the said ship, all which this depon[en]t delivered to one of the commissioners in this behalfe at the time of his examination, in the same condition as he received the same.

The above named Michel Desvaux was sworn at Barnestaple in the county of Devon (by the interpritation of Peter Bird of Barnestaple aforesaid, cordwainer), and also the said Thomas Salmon were sworn before me:

[signed]: Henry Beavis, commissioner

= = = = = = = = =

Court Paper 9

Translated from the French papers taken on board the ship Le Pierre André.

1) Role of equipage [Crew list] of the ship Le Pierre André, built in 1739 at Granville, Call of the burthen of ninety five tons, belonging to Mr Duprey Hugon of Granville, fitted out there by him under the command of Michael Desvaux to go to the Bank with a crew of one and twenty persons, the submission permit and receipt for the six Deniers p[er] Livre on the men’s wages, all dated at Granville the 26 February 1744.

N.B. The original document is included, with a reference SP1, and consists of a double-sided sheet, partly printed and tabulated, with the details filled in by hand. See below for further details.

2) Lewis John Mary [Louis Jean Marie] de Bourbon, Duke of Penthievre of Chateaux Vilain [Châteauvillain], & of Rambouillet, Admiral of France, Gouvernour and Lieutenant General for the King in his Province of Brittany. To all to whom these presents shall come, greeting.

We make known that we have given leave and passport to Michael Desvaux, captain and master of the ship called Le Pierre André of the burthen of [blank] tons or thereabouts, being at present at the harbour of Granville, well and duly to equip and fitt out his said ship & to arm her against all incursions of the enemies of the State, pirates and lawless people, to carry and conduct them to the Banks of Newfoundland, laden with her salt, on the Banks or along the Coasts of the sea to fish for cod with a charge that neither he, nor any of his crew do make any bargain or exchange for the skins of the country of new France directly or indirectly under pain of confiscations of the ship and cargoe. And after his said ship shall have been searched before he shall sail, he shall make oath before the Judges of the Marine, that he will observe and cause to be observed by those of this crew, the ordinances of the marine and shall lodge in the Registry a Roll containing the number of guns, arms, amunition & provisions and the names and surnames, places of birth and abode of his crew, without concealing any one. And at his return before he shall unload anything, he shall make a faithfull report of what shall have been done & passed during his voyages, 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 and ensigns of his majority and of us during his voyages. We pray and request all Princes, Potentates, their Lieutenants General, Admirals, Gouvernours of their Provinces, Towns, Harbours, Commanders of their sea forces, we order and command the Judges and officers who exercise jurisdiction in maritime causes and Captains, Guardo Coastas & others subjects of the King whom it shall concern to let the said Desvaux freely and securely pass and repass, sojourn & return thorough each of their powers, governments, jurisdictions & districts with his said ship, crew, cloaths, arms and cargoe without causing or giving or suffering to be given to him any trouble, disturbance, uneasyness or impediment whatsoever 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 our 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

On the 25th February 1744, this passport was registered in the Registry of the Admiralty at Granville, seen at the Admiralty at Roscof the seventh of March 1744

N.B. The original document is included, with a reference SP2, and consists of a single sheet, filled in on both sides, translated largely as per the above description.

3) A pass from the Customehouse at Roscof dated the seventh of March 1744, for Mr Michael Desvaux, captain of the ship Le Pierre André of Granville, who has paid the sum of six livres twelve sols to geive him for this voyage only, he being going to the Banks of Newfoundland, laden with seventy tons of salt of the Isle of Ré, with his provisions & utencils for fishing, according to his clearances from Granville, of the 26th of February last, of which he is the bearer.

N.B. The original document is included, with a reference SP3, and consists of a single-sided sheet, part printed and part handwritten.

4) A declaration made before the Officers of the Customes at Granville, the 26th of February, by the owner of the ship Le Pierre André, Captain Michael Desvaux, going to the Banks of Newfoundland of his laving laden on board the said ship, seventy tons of salt, wine, brandy and other provisions and utensils proper for fishing.

N.B. The original document is included, with a reference SP4, and consists of a single sheet, hand-written on both sides.

Faithfully translated from the French at London this 6th of October 1744 by me: Edw[ar]d Rushworth, no[ta]ry publ[ic]k.

= = = = = = = = =

There follows a set of four documents, all in French, as per the above list.
Details of SP1 are as follows:

Ships Papers 1    

Le Pierre André
Allant au Banc
No.57 A L'armement
Departement de Granville

Role de l'Equipage du Navire Le Pierre André construit en 1739 à Granville du port de 95 tonneaux, armé en Guerre de ~ canons, & de ~ en Marchandise, de ~ & de ~ livres de calibre, aïant ~ Pierriers, ~ Fusils, ~ Sabres, tirant d'eau chargé 9 pieds, &c non chargé 7 pieds, 2 pont, ~ Gaillard, apartenent à Mr Duprey Hugon de Granville, armé à la part à Granville par Lay meme sous le commandement de Michel Desvaux pour aller à ubane(?) 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 du Vin

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

Officiers
Michel Desvaux, de ortainue(?), aged 27
Charles Nicolle, d'Agon, aged 39

Matelotes [sailors]
Herué Letire, d'Agon, aged 39
Jacques Lebon, de Aourville, aged 36
Francois Ste Lo, ditto, aged 30
Guillaume Montechatun, ditto, aged 35
Robert Montechatun, ditto, aged 24
Jean Leviunnois, de St Malo de la Lande, aged 24
Pierre Journaux, de d'Aamville, aged 27
Charles Doublet, de Coarcy, aged 23
Jean Boistard, de Granville, aged 30
Nicolas Fuhet, ditto, aged 25
Georges Ain, de Donville, aged 23
Juchien (or Jullien) Quance, ditto, aged 27
Jean Francois Lynet, d'Anoville, aged 28
Francois Lebouteiller, de Aourville, aged 22
Francois Levionnois, de Ste Malo de le Lande, aged 23
Jean Jehanne, de Blainville, aged 19
Paschak Aemerith, de Gratot, aged 21
Nicolas Lemeriotel, de l'juverville(?), aged 32

Mousses (apprentices, or cabin boys)
Jean Bap[tis]te Adelus, d'Agon sur Mer, aged 15
Jean Lefevre, de Mainville, aged 15

No attempt has been made to read the other French documents.

= = = = = = = = =