USA > Pennsylvania > Colonial records of Pennsylvania, Vol. V > Part 12
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PROVINCIAL COUNCIL.
" The Depositions you were pleased to direct to be laid before us mention the Conjectures of the Persons deposing that the Privateers intended a Descent somewhere near our Coast; but this time hath discover'd to be their mistake. The Depositions also mention some of their Threats against this City; But these rather appear to us as so many Bravados than what they either really intended or had the Power to do. We, therefore, could have wished you had been pleased to have spared that part of the Speech which mentions the defenceless State of the Province, and the Consequences which might attend the plundering of the City; the tendency of which, in our Opinion, is rather to beget or Augment Fears than to prevent those Dangers which thro' the favour of Providence we have hitherto escaped. Besides, as this Speech from the President & Council may be sent beyond Sea, if it should fall into the Hand of our Enemies it may possibly induce them to make an Attempt they otherwise would not have thought of. We may also add, that the Defence of the Province hath been a matter already much controverted, and you cannot be unsensible of the different Sentiments of our late Gover- nor and former Assemblies, nor of the Difficulties they & we have been & yet are under on this Account, altho' neither they nor we look upon the Province in so defenceless a Condition as it then was & now is represented; nor can we understand on what Grounds You are pleased to alledge the Length & Difficulty of the Bay are now less Security than heretofore; nothing in the Papers laid before us carry any Evidence, that we can discover, in support of this Allega- tion. And were we under no Restraint from the Principles pro- fess'd by most of us, it would not be an easy Task to persuade us that the measures which have been proposed for the Defence of the Province, either by erecting Fortifications or building Ships of War, would be of any real use to the Province. The Charge which must have arisen would have been great, the Benefit uncertain and small. And if you will be pleased coolly to reflect on the several Applications which have been made to former Assemblies & to Us for Granting of Money on this Account, on the several Expeditions against Carthagene, Cape Breton, & Canada, you must have Reason to be of our opinion, that had they been Complied with it would have brought such a Burthen upon the Province as it would scarce have been able to bear. And were all these Difficulties removed, the Application to Us at this Juncture is not the best timed when our Treasury is low, and You as well as we know that if the Re- straint put upon us by the Act of Assembly to which You are pleased to refer us be binding, it is not in our Power to join in the making of any one Act whatsoever. We desire You will excuse this Freedom, which the part of Your Speech now under Considera- tion render'd necessary, and would not otherwise have been our Choice, for we are clearly of Opinion with You that a perfect Har- mony among the several parts of Government must greatly contri- bute to the Safety, Peace, & Happiness of the People of Pennsyl-
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vania; And we shall be pleased with every opportunity, consistently with our Judgments, to shew the President & Council how heartily we are disposed to promote & cultivate it.
" Sign'd by Order of the House. "JOHN KINSEY, Speaker. "6th Mon. 25th, 1747."
It was recommended to the President to write to Governor Shirley, & send him such Extracts of such parts of the above Speech & Mes- sage as related to him.
At a Council held at Philadelphia the 31st August, 1747. PRESENT :
The Honourable ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Abraham Taylor,
Robert Strettel,
Benjamin Shoemaker, Esqrs.
Thomas Hopkinson,
The Captain of the Scarboro' Man of War having advertiz'd his Sailing from New York for England, the Board are of opinion that Copys of the Council's Speech & the Assembly's Message, with a proper Letter on the occasion, shou'd be sent by him to the Proprie- tors.
Order'd, That the Secretary prepare such Copys & Letter against Thursday, to which time the Council adjourn'd.
Some of the Members moving that the Council's Speech & As- sembly's Message might be printed, & some diagreeing, the Consid- eration thereof was referr'd to the next Council.
At a Council held at Philadelphia 3d September, 1747.
PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence,
Samuel Hasell,
Abraham Taylor, Robert Strettell, Esqrs.
Thomas Hopkinson,
The Secretarie's Letter to the Prop"s., wrote in pursuance of the last Minute of Council, was read and approv'd.
The Board postpon'd the taking into Consideration the printing of the Council's Speech and of the Assembly's Answer to a fuller Board.
A Petition was preferr'd by Hugh Bruslam, a Prisoner in Phila- delphia County Goal, setting forth that in June Term last he was
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PROVINCIAL COUNCIL.
convicted of Horse Stealing & fined the Sum of Ten Pounds, which he prayed might be remitted as he was unable to Pay it.
No Magistrate having recommended him as a proper Object of Compassion, & no Member of the Board knowing any thing of his Tryal or the Circumstances attending his Conviction, the Petition was for these reasons rejected.
At a Council held at Philadelphia, the 7th Sept", 1747. PRESENT :
The Honourable ANTHONY PALMER, Esqr., President. Abraham Taylor, Robert Strettell,
Thomas Hopkinson, William Logan, Esqrs.
The Secretary having search'd the Council Books & found therein sundry Orders relating to the Road leading from Philadelphia to Newcastle, the same were read, but as there was a thin Council the Consideration thereof was postpon'd to the next day.
Captain Huston, an officer in Collo Shirley's Regiment, attending without being call'd in, he prayed the Assistance of this Board with respect to the Execution of some orders he had receiv'd from Gov- ernor Shirley, which orders he produc'd, together with an Extract of a Letter wrote by the Duke of Newcastle to Governor Shirley, & then withdrew.
One of the Members said he had been Recruiting here a long while, & as it was not known whether he had the leave of the Gov- ernment for so doing, it was his opinion that previous to the Con- sideration of his Application he shou'd be ask'd by what authority " he Recruited in this Province; the Capt"- being gone away the Board
Order'd, That the Secretary know of Captain Huston by what Authority & how long he has been Inlisting Men in this Province.
At a Council held at Philadelphia, 8th Sept", 1747.
PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Samuel Hasell,
Abraham Taylor,
Robert Strettell,
Benjamin Shoemaker,
Esqrs. William Logan,
Thomas Hopkinson,
One of the Members moved that as there was a pretty full Board it might now be determin'd whether the Council's Speech to the Assembly & their Message in Answer shou'd be Printed & put into
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the next News Paper or not, & on putting the Question it pass'd in the Negative.
Information being given to some of the Members of Council that the Ship Euryale, Captain Cox, who arrived here last Night from Barbadoes, was a Sickly Vessel, & ought to be removed from the City, Captain Cox was order'd to attend the Council, & being come and examin'd he gave this Account, viz. : that the Island of Bar- badoes was very Sickly, that one of his Sailors fell sick in the Pass- age & recover'd, that another Man fell sick & dyed after a short illness, & his People (for he did not care to visit him himself ) be- leiv'd he dyed of the Yellow fever; that this was twenty Days ago, having then been ten Days from Barbadoes; that except a Gentleman Passenger who had a Constitutional weakness all the Persons on board were in good Health.
The Board considering that by the late Accounts from Barbadoes there was a very infectuous Distemper of which numbers Dyed, and that the Season of the Year continued unusually warm, they or- dered the Secretary to prepare a Warrant, to be signed by the Presi- dent, to command Captain Cox forthwith to remove his Ship to the distance of at least one Mile from the Southernmost part of the City of Philada,, and there remain till further Order-taking espe- cial Care not to break bulk nor to suffer any Goods to be carried ashore out of the said Ship.
Mr. Lawrence presented a paper sign'd by the Justices of the Peace for the County of Philadelphia at their Court of Quarter Ses- sions, recommending Mr. John Lawrence, Mr. James Read, & Mr. Robert Greenway to the Council, in order that one of them might be nominated to serve for Clerk of the Peace of the said County in the room of Mr. Andrew Hamilton, deceas'd.
Order'd, That a Commission be forthwith made out to Mr. John Lawrence to be Clerk of the Peace for the said County of Phila- delphia.
-
" By the Honoble. the President & Council of the Province of Penn- sylvania.
" It appearing on Your Examination before us that the Island of Barbadoes at the time you took your departure from thence was very sickly, and that one of your Sailors dyed on board your Ship in the Passage, and that there is reason to believe he had the Yel- low Fever, You are hereby strictly ordered and commanded to cause your Vessel, now lying at Mr. Allen's Wharf, immediately to be removed to the distance of at least one Mile from the Southernmost part of the City of Philadelphia, and there to remain till our further Order-You taking especial Care not to break Bulk, nor to suffer any thing to be brought ashore from the said Ship. Hereof fail not
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PROVINCIAL COUNCIL.
at your Peril. Given under my Hand & the Lesser Seal of the Province of Philada. aforesaid, this 7th Day of Sept"., 1747.
" ANTH. PALMER.
" To Captain JOHN COX, " Commander of the Ship Euryale."
The Board resum'd the Consideration of the Petitions relating to the King's High Road leading from the City of Philadelphia to the Town of New Castle.
The Secretary reported that he had examin'd the Council Books & found therein several Orders of Council for the laying out the several Parts of the said Road, and likewise the Record of a Return of that part of the said Road which lies between Darby & Chester, & gave it as his opinion that tho' there were no Returns of the other Parts of the said Road to be found on Record, yet that the whole Road had been actually laid out by order of the Council, and that it might reasonably be presum'd the Returns thereof had been given to the late Secretary Patrick Robinson, & that he had omitted to enter them in Council Books ; That the Papers of the said Patrick Robinson, Publick as well as Private, coming into the Hands of his Wido' upon his Decease, many of the Papers belonging to the Secretarie's Office were lost & destroyed, of which these Returns might be some.
The Board, on reading several Orders of Council for the laying out particular parts of the said Road, & likewise the Record of the Return of that part of the said Road which lies between Darby & Chester, and considering that the Road is an antient Road, & being of opinion that altho' several of the Returns thereof do not appear on Record & are not now to be found, yet that the whole Road had been regularly laid out as now used, & that it wou'd be unjust & very inconvenient to the Owners of Lands abutting thereon to make any Deviation or Alteration from the present Courses thereof ; Therefore, to the end that the said Road may be now regularly re- corded, It is Ordered, That the said Road shall be Resurveyed and laid out according to the Courses it now runs, beginning at the South Boundary of the City of Philadelphia, and from thence ex- tending to the Lower Ferry, and from thence to Darby Creek, and from thence by the Courses describ'd in the recorded Return made in the Year 1706 (a Copy whereof is to be deliver'd to the Persons hereafter named for their Direction) to Chester Bridge, & from thence by the present Courses thereof to the Limits of New Castle Government.
And it is further Ordered, That Septimus Robinson, Esqr., Hugh Roberts, James Coultas, John Bartram, Mathew Moss, Charles Justis, Nathan Gibson, or any five of them, view & lay out by course and distance that part of the said Road which runs thro' the County of Philadelphia; And that Caleb Cowpland, Esqr., Joseph
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MINUTES OF THE
Parker, Esqr., Joseph Bonsell, Esqr., Samuel Levis, James Mather, John Davies, Peter Dicks, Thomas Pearson, & John Sketchley, or any five of them, do then join the above-named Persons of Phila- delphia County, or any three of them, in continuing to lay out as aforesaid the said Road from the Division Line which parts Phila- delphia County from Chester County to the Limits of the County of Newcastle, they taking to their Assistance the Surveyor General, and that they carefully lay out the said Road and make Return thereof to this Board on or before the first Day of October next.
At a Council held at Philada., 9th Sept"- 1747. -
PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence, Robert Strettell,
Abraham Taylor, Samuel Hasell,
Benjamin Shoemaker,
Thomas Hopkinson,
Esqrs.
William Logan,
The Minutes of the five preceding Councils were read and approv'd.
Mr. Taylor inform'd the Board that several of the Inhabitants of the City had been with him to complain that Captain Cox's ship lay still near the City, & that he not only refus'd to obey the Order of the President & Council, but used contemptuous Language toward them, & that Mr. Edgar, one of the Persons who heard Captain Cox give this opprobious Language, attended the Council to relate what was said, & being call'd in he declar'd that Captain Cox was told by him & some of his Neighbours that his Ship lying near their Houses gave them great uneasiness, & that they heard the Presi- dent & Council had given him Orders to remove to a greater dis- tance from Town; they wished he would do so; and that Captain Cox in answer to this said, that neither for the President & Council nor for them should his ship stirr an Inch ; he did not value their Warrent; he knew what they cou'd do & what he should do.
.Mr. Edgar withdrawing, the Council requested Mr. Lawrence & Mr. Hasell as Magistrates to issue a Writ to apprehend him, that he may be dealt with according to Law, which they promised to do.
Order'd, That the following Proclamation be transcribed fair & signed by the President, & issue in the afternoon with the usual Solemnity, if it can be got ready so soon :
" By the Honourable the President & Council of the Province of Pennsylvania.
"A PROCLAMATION.
" Whereas, the Ship Eurayle, John Cox Commander, is lately
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PROVINCIAL COUNCIL.
arrived in this Port of Philadelphia from the Island of Barbadoes, which Island at the time of the said Ship's Departure from thence being much afflicted with a Dangerous & Contagious Distemper, there is great Reason to fear that the said Ship & her Company are infected therewith; And whereas, the Captain & Mariners of the said infected Ship, & the Passengers that were on board her, have in Contempt of the Law presum'd to come on Shore & disperse themselves in the City and Places adjacent, to the great Danger of the Health & Lives of the Inhabitants of this Province, We have therefore thought fit to issue this our Proclamation, strictly charging & Commanding all Persons that they do not henceforth receive, harbour, or entertain any Person or Persons that arrived in the said infected Ship Eurayle, without acquainting the President & Council aforesaid, or some one of them, or one of the Justices of the Peace for the county or City of Philadelphia therewith, that the Condition and health of such Persons so arriving may be examined, and that they may be dealt with according to Law.
" Given under the Great Seal of the Province of Pennsylvania, at Philadelphia, the Ninth Day of September, in the Year of Our Lord 1747, and in the Twenty-first Year of the Reign of our Sovereign Lord George the Second, by the Grace of God, of Great Britian, France, and Ireland, King, Defender of the Faith, & so forth.
" ANTHONY PALMER,
" Presidt.
" By Order of the Governor & Council. "RICHARD PETERS, Secry. "GOD SAVE THE KING."
At a Council held at Philadelphia, 12th Septr., 1747.
PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence,
Samuel Hasell, ?
Abraham Taylor, Robert Strettell, Esqrs.
Thomas Hopkinson,
Order'd, That an Order issue to Doctor Thomas Græme & Doctor Thomas Bond to examine the Ship Eurayle & make Report whether the said Ship be, in their opinion, a healthy Ship or not, & whether she may be permitted to come into this Port without Danger to the Inhabitants, and that they would give a particular account of the State & Condition of the Health of the Mariners & Passengers be- longing to the said Ship; and in case the said Doctors shall report the said Ship to be a healthy Ship, the Board thinks Captain Cox
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shou'd have leave to bring up the said Ship to this Port of Phila- delphia; and it is further Order'd, That Capt". Cox do not presume to unlade the Ballast of the said Ship within the limits of the City of Philadelphia.
William Buckley, Esqr., produc'd to the Board an Indenture whereby it appears that he, the said William Buckley, was chosen Chief Burgess and Mathias Keen Second Burgess for the Borough of Bristol on the 8th day of Sept"", Instant, and one other Indenture, whereby it appears that John Priestly was on the same Day chosen High Constable for the said Borough according to Charter, and the Secretary being out of Town & having lock'd up the Book contain- ing the Subscriptions of such as take the Oaths & Affirmations to to the Government, Order'd, That a Dedimus issue to Mr. Grow- den or some other Justice of Peace for the County of Bucks to tender Mr. Buckley the said Affirmations.
At a Council held at Philadelphia, the 14th Sept", 1747. PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence,
Samuel Hasell,
William Till, Abraham Taylor,
Robert Strettell, Benjamin Shoemaker,
Esqrs.
Thomas Hopkinson, William Logan,
The Minutes of the two preceeding Councils were read and ap- prov'd.
The President & four Members of Council sign'd a Commission constituting Mr. John Lawrence Clerk of the Peace for the County of Philadelphia.
Edward Stretcher, Captain of a small Sloop of about Ten Tons, made a proposal to carry the 13 Spanish Prisoners that are now in the Work House to the Havannah, if he might have a Flag of Truce & the Government wou'd furnish a necessary Quantity of Provisions to serve them in their Passage.
The Captain of a Pilot Boat, Dispatch'd as an Express from Lewes Town last Saturday, delivered to the President this morn- ing the following Letter directed to the President & Council :
" Sir & Gentlemen :
" On Tuesday last 2 Sloops went up the Bay with a Pilot Boat tending on each of them ; on Wednesday evening they returned & anchored with the said boats in Lewes Road, which hath kept our Watch upon hard Duty Day and Night. One of the Said Vessels we imagine to be gone over to Cape May, the other took in our sight last Night a Ship outward Bound, and her Pilot Boat another
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PROVINCIAL COUNCIL.
Ship this Morning that was coming in, and is now in Chace of a third Ship, which we fear will fall into her hands in an hour or two. These Things we judg'd proper to immediately communi- cate, and hope the Merchants & Traders at Philadelphia will pay this Express £3, being the Sum agreed for to convey it. Tide calls upon Us to heartily conclude.
"Sir & Gentlemen, Your obedt. hble. Servis.,
" R$. HOLT, "JACOB KOLLOCK, "JACOB PHILLIPS.
" Saturday Noon, Sept". 12th, 1747.
" P. S .- We have ordered the Bearer to acquaint Capt". Bowne of these Transactions, whom we expect down Daily."
And on reading the same the Board are unanimously of Opinion that they shou'd thank the Gentlemen for their Care in giving such early intelligence, and in answer inform them that the Assembly having made no Provision when applied to very lately on a like oc- casion, they had nothing in their Power, & cou'd only lament their & the good People of Lewes Town's unhappiness in being thus remedilessly expos'd to any Attempts the Enemy shou'd please to make.
Order'd, That the Secretary call on the Treasurer for Three Pounds to be paid for the Express, agreeable to the promise made in the above Letter.
At a Council held at Philadelphia, the 21st Sept"., 1747. PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President.
Thomas Lawrence,
William Till,
Robert Strettell, Esqrs.
Abraham Taylor, Joseph Turner,
Thomas Hopkinson,
His Excellency Mr. Belcher, the Governor of New Jersey, being in Town, Mr. Lawrence & Mr. Taylor were desir'd to take an op- portunity to inform him of the many mischevious consequences that arose from the Liberty Pilots took of going on board Vessells before they knew whether they were Friends or Enemies; and that as no measures to be taken by this Government or the Lower Counties wou'd avail, unless the same or as effectual ones were taken in Jersey, he wou'd be pleas'd immediately on his return to Burling- ton to take this important affair into his Consideration, & give the necessary Orders. Information being given that several Vessells belonging to this and other Ports were lately taken by a French Privateer off the Capes of Delaware, and that some of the Pilots &
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People who were on board at the time of Capture were in Town, they were sent for, and Mr. Kelly & Luke Shields, one of the Pilots who had the Charge of the Privateer, attending without, they were examin'd.
Order'd, That Mr. Kelly's Examination be reduc'd to writing, & sworn to before a Magistrate in the presence of Luke Shields.
The Brigantine Recovery, Joseph Greenaway, arriving on Satur- day, the Members of Council issued an Order to Doctor Græme & Doctor Bond to visit the said Briga., & Captain Greenaway attend- ing in order to produce the Doctor's Certificate, was call'd in, & it oppearing thereby that the Vessell was healthy & the Mariners in a good State of Health, the Captain was permitted to bring her to the Wharf.
The Ship Lydia being this morning arrived from London with Palatines, Doctor Græme & Doctor Bond are Order'd to visit said Ship & report the state of Health of the People on board.
At a Council held at Philada., 25th Sept., 1747. PRESENT :
The Honoble. ANTHONY PALMER, Esqr., President. Thomas Lawrence, Abraham Taylor,
Robert Strettell, Benjamin Shoemaker, Esqrs.
Thomas Hopkinson,
Mr. Lawrence & Mr. Taylor report, that agreeable to the Request of the Council they had waited on his Excellency the Governor of New Jersey, & endeavour'd to shew him how much the safety of both Governments depends on putting the Pilots under proper Restrictions; they inform'd his Excellency that a Proclamation had been already Published in this Province respecting Flaggs of Truce; that they Council had got a number Printed, & sent one of them to Mr. Reading, the late President, in a Letter on the Subject, that an Order had been made by the Magistrates of the Town of Lewes, which the had likewise caused to be publish'd in Franklyn's News Papers, but that notwithstanding these or any other Steps might be deem'd necessary to be taken, they wou'd all prove ineffectual unless the Jersey Pilots shou'd be likewise laid under the same or as effectual Restrictions. His Excellency was pleased to say that if the President & Council wou'd write to him on this Subject on his Return to Burlington, he wou'd then take it into Consideration & do the best he cou'd.
Mr. Lawrence laid before the Board a Certificate Signed by Doctor Græme & Doctor Bond, purporting that in Complyance with the orders of the honoble. the Council they had carefully examin'd the State of Health of the Mariners & Passengers on board the Ship
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PROVINCIAL COUNCIL.
Lydia, Captain Tiffin, from London, and found none of them with any of the Symptoms of an infectious Disease ; so that they are of opinion the Ship may be immediately admitted to come up to the Town, and thereupon the Ship was admitted to come up to the City.
Mr. Lawrence moved the Board that there might be one or two Justices of the Peace appointed for that part of Bucks County which lies on the other side of the Blue Hills, and it appearing necessary on many Accounts, the Board agreed to grant separate Commissions to Mr .. Daniel Broadhead & Mr. Moses Depue, which are to be pre- pared & signed by the President, with a Dedimus to the nearest Magistrate to administer the usual Oaths or Affirmations.
Mr. Hopkinson inform'd the Council that Mr. William Kelly had made an Affidavit before him in the presence of the Pilot, Luke Shields, the 21st Instant, which was read & ordered to be enter'd.
William Kelly, being sworn on the holy Evangelists of Almighty God, deposeth and saith, that he being a Passenger on board the Sloop Elizabeth, Pyramus Green Commander, bound from Provi- dence to Philadelphia, on or about the Twenty-eight Day of August last he was taken off the Coast of North Carolina by a French Pri- vateer Sloop called the Marthel Vodroit, Capt". Lehay Commander, belonging to Cape Francois, who had taken three English Prizes before as this Deponent was informed; that after they had taken the said Sloop Elizabeth they stood to the Northward, and on their Cruise took six more English Prizes, to wit, a Brigantine and two Ships off the Capes of Virginia, and a Sloop about fifteen Leagues off the Capes of Delaware, one Newbold Master, & two Ships in the Bay of Delaware, one of them called the Bolton, Oswald Eves Commander, and the other called the Delaware, Lake Commander, this Deponent being at the times of the taking the said Six Prizes, a Prisoner on board the said French Pri- vateer. That the said French Privateer was a Vessel of about Ninety or one hundred Tons, and carried fourteen Carriage Guns, sixteen Swivels, and six Swivel Blunderbusses, and had when he left Cape Francois, as this Deponent was inform'd, about one hundred and seventy Men, but at the time of this Deponent's being taken, had but one hundred & thirty Men belonging to her. That this Deponent took some of the Privateer's Crew to be English, some Irish, and some Scotch, but the most part of them were Frenchmen & Spaniards. That the Commander was, as this Deponent beleives, a Frenchman. That the first Land they made off Delaware was Cape May ; that the Privateer hoisting English Colours, one Wil- liam Flower, a Pilot, came off from the said Cape and came on board the Privateer, that when the said William Flower came on board, the Commander of the Privateer, by a Linguist, order'd him to take Charge of the said Privateer & to carry the said Privateer where the Shipping lay; that the said William Flower at first misunder- standing the said Commander's Orders, as this Deponent imagines, VOL. V .- 8.
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