Barbados. A collection of autograph letters and original documents relating to the Island of Barbados in the 18th century, ca. 1730-1778. HLS MS 1047, Harvard Law School Library.

Ramilies Spithead April 29th: 1755.

Sir In answer to the Bill lately filed by Mr. Henshaw, against Mr. George Maxwell, Mr. Gedney Clarke, and me, which seems very little to concern me, and indeed think it's being very litigious to do it against the others, as I think he has no manner of right to what he seems to demand; and if it's only to know what Orders I had from Commodore Knowles, that I shall most readily do, and in every thing else I know about it. That in June 1744 Mr. Knowles sent me with His Majesty's Ship Argyle then under my Command to Cruize off the Back of Martinica; that I accordingly did Sail to that Station, but soon finding myself extreamly ill, was obliged to leave it; and went into Carlisle Bay Barbados, where I went onshore; and as I would not have the Service neglected, nor the Commodore disappointed in his designs of a Ship cruizing in that Station. I immediately sent the ship out to perform the Service that was expected from her; and gave the first Lieutenant such an Order as is expressed to go and cruize where I was order'd; but in these Orders it's to be observed, I never order'd him to take upon him the command of the ship. It's directed from the Captain to the first Lieutenant; nor was the Second Lieutenant moved to be first, nor the Third to be Second, nor any other Lieutenant appointed in his room. Nor any alterations of Rating on the Books. As he has indeed never seen the Books as the clerk assured me. I admit that the ship did assist in taking the Prizes as mentioned, to the best of my knowledge as being told so, and their being condemned as is mentioned; and that Mr. Edward Lascelles and Mr. Gedney Clarke were chose the agents by the Officers & Ship's Company; and to the best of my knowledge paid them their whole Prize Money, but what the Sums were am not certain; and that the Agents imagining the Captains Share ought to be thrown into the

the Ship's Company's, believes they did do so, and was paid them accordingly. For if ever a Captain was absent it was then; Or why the Order in Council for a Captain's Share to be thrown into the Ship's Company's. Nor did I ever understand any of the Captain's Share was reserved for me, nor indeed ever expected it, nor would not accept it when the whole Ship's Company offer'd it me. —

Had Mr. Rouzier been appointed by Mr. Knowles to take upon him the command of the Ship for the time being, and another Lieutenant appointed in his room; in such case he would have been entitled to the Capts share, but my Order to him was only to Authorize him to move the Ship; Nor could I appoint any one to Command the Ship while I was under the Command of a Commodore. he was just as much Captain of the Ship every day when I was out of her. And I further say that to the best of my knowledge and belief, the whole of the Prize money; Captain's share and all was paid the Ship's Company, as they never made any application to me, as they certainly would had there been any due, as we was sometime after Payment on the Station, this is all I know of it. only that I heard there was a tedious Law Suit abroad, and an appeal home afterwards; but as it did not concern me know no more of it. But deny having any of the Captain's Share or that any was ever reserved for me, nor do I believe the Agents have any in their hands. This I am ready to Swear to, when properly drawn up, if this is not sufficient and am —

Sir You most Humble Servant, Fra: Holburne

[in pencil Captain Afterwards Admiral, & Gov of Greenwich]

29 April 1755 Henshaw & Holbourn Copy [?] for {Ausso?]

5th July 1744 Libel in the admiralty in Barbadoes on behalf of his Majesty's Ship Argyl & his Matys Sloop [Fameag?] the Constant Maria prize

Exaiacons of the 2nd, Captain L190. & 2. Mar. of Said prize

Case

Stated from the proceedings in the Admiralty as Returned and or seal A Libell was exhibited in the Court of Vice Admiralty in Barbado's on behalf of his Majestys ship Argyl & his Matys sloop [?] ~ sailing forth that the said ship Argyl having orders to Cruize off {Martinice?] and the said ship & sloop being in company together off the said Island on 29th June 1744 [?] with [?] ship the Constant Maria bound from Bourdene to Martisimo Burthen 100 Tons Manned with 12 Carrg Guns and navigated by the master & 36 men which resisted & refused to submit a [?] the said ship Argyl & sloop fought & overturned the said french ship & seized her as prize on 2 July following brought her with her cargo into Barbado's and pray the ~ condemnation thereof to them as the captors

The 2nd Captain [His] [Lient?] and the 2nd Mate of the said price Constant Maria being Examined (after proving the ship & cargo to be french property) say that on the said 29th June being in company with another french ship alled the pacifick they were attacked by a sloop under English Colours with whom they fought for 5 hours & would not have submitted had not a large ship which they believed & now understand to be an English Man of War [?] up with & attacked them & finding the said large ships superior [?] they submitted to [thos?] large ship & delivered them [?]prisoners of War & the [?] 36 of the said Constant Maria were then alive on board & say they considered they were the price of the said Man of War & not of the said sloops or any of them & were determined not to have struck to them but would have [?] the said Sloops had not the said Man of War appeared in sight

There was another Libel the same in every respect with the above [?] the said other french ship the pacifick which was taken at the same time & was of 260 Tons Burthon & carrying 16 carriages & guns with the [?] & [40?] men and the like proofs made in support of ye capture

A Libel was Exhibited in the said court on behalf of 2 privateers called the Castor & polling setting forth that they being in company with the afd other sloop the [?] of Martisimo & the [force?] of the said privateer sloops being the one 136 Tons 14 Carriage Guns & 107 men & the other 115 Tons 12 Carriage Guns & 97 men of the said 29th June [?] saw the afd 2 prizes standing for Martisimo came up with & in company with the said sloop [?] fought them the polling firing first the [?] next & then the castor & [?] [?] [?] That immediately after they had engaged the said sloop [?]lowered sail & dropped astern & left the said two privateers to fight the said two prizes & the castor having for sometime engaged the Constant Maria she stuck to the castor whose captain boarded & took the [?] & papers on board the castor & put some of his men on board the said prize & afterwards [?] up to assist the polling who was engaged with the other prize the [?] sloop then firing at such a distance that not a shott reached her & the polling Running close under the prize & doing her much damage she stuck to the polling whose Captain boarded her & took the master & papers on board the polling & having some of his men on board the prize # The Libel then sets forth 7th afterwards his Majestys said ship Argyl [?] up with the privateers & ordered

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them to deliver up the said french captains with their papers which the privateers refused * would have carryed their prizes to St. Xtophers from whence the privateers came here not the Argyl by force taken the said prizes from them & carryed them to Barbado's [ ? ] a[foresai]d and the libel sets forth that when the ingagement beganb the Argyl was at so great a distance that she was startd perceptible (tho very lofty) with a glass from the round house & consequently