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UNIVERSITY OF PITTSBURGH & <h % '781i# LIBRARY Founded 1791 COLLECTIONS VOLUME 77 Committee of Publication GEORGE FOOT MOORE CHESTER NOYES GREENOUGH HENRY WINCHESTER CUNNINGHAM GARDNER WELD ALLEN WORTHINGTON CHAUNCEY FORD O O C o «J i- JS o ^ 5M 5 e c 2 2 d *- c u o o a u U <J . .E . »"".g-o Ufa s/i rt o - J= * « *v '-5 c = •,v\ $ 3. o -S < =2 :-«>Zw-2 .5 o .5 w %'g ?>« „ -S (S E IIS* Si a 1 o Stf SOS.S ^ jr o 3 o fV^V .£ -J fe g < z B, C-C/) g - > 5 <* Ok ° 5 5 o -" r- < <3 13— p N». O < u W - § "m, .* -5 ^ o u 15 ~ ,~ - z <1 > * Q < ? O MASSACHUSETTS PRIVATEERS OF THE REVOLUTION BY GARDNER WELD ALLEN PUBLISHED AT THE CHARGE OF THE LAWRENCE FUND The Massachusetts Historical Society 1927 Five hundred copies of this volume have been printed from type and the type distributed. PRINTED AT THE HARVARD UNIVERSITY PRESS CAMBRIDGE, MASS., U.S.A. ILLUSTRATIONS A Privateersman's Commission Frontispiece State Archives, 166, 72. Letter urging the Need of Armed Vessels .... facing page 20 State Archives, 193, 277. Petition for a Commission for a Vessel which has already taken Prizes without one 32 State Archives, 165, 477. Bond of a Whaler 38 State Archives, 139, 65. A State Bond 44 State Archives, vu, 204. Inquiry as to Disposal of Prisoners 56 Massachusetts Historical Society, Pickering Papers, xxxiii, 138. Bond not to recruit in any Town which has not raised its Quota for the Continental Army 66 State Archives, 139, 127. The First Massachusetts Privateer Bond in the Revolution . 86 State Archives, vu, 48. Petition for a Letter of Marque 100 State Archives, 167, 17. Petition for Liberty to sail notwithstanding Embargo ... 126 State Archives, 166, 115. Warrant for Impressment of a Vessel for the Penobscot Ex- pedition 152 State Archives, 145, 8. Bond not to enlist New Englanders other than those of Massachusetts 164 State Archives, 139, 141. ILLUSTRATIONS v j Bond not to enlist Continental Soldiers 180 State Archives, 139, i5 8 - Bond for a Voyage to Salem with Military Stores 212 State Archives, 209, 53. A Continental Bond in the Library of Congress 244 Papers of the Continental Congress, 196, xn, 23. Petition for a Letter of Marque for a Vessel of the State Navy 254 State Archives, 166, 195. Assignment of Prize Money 264 Massachusetts Historical Society, Nathan Dane Papers. Affidavit concerning a Vessel taken by the British 284 Massachusetts Historical Society, Dolbeare Papers. A Continental Bond 3°4 State Archives, vii, 199. Affidavit as to the American Ownership of a Vessel .... 324 Massachusetts Historical Society, Dolbeare Papers. MASSACHUSETTS PRIVATEERS OF THE REVOLUTION INTRODUCTION IT WOULD be difficult to determine when licensed privateering began in Europe, but it was probably not earlier than the thirteenth century. Private armed ships roamed the sea long before national navies were organized, but they were unregulated and irresponsible in very early times. Their crews were ready to fight against the enemies of their country when at war, or against pirates. They were perhaps not always averse to piracy themselves in time of peace, when there were no national enemies to pursue. The Royal Navy of England seems to have had its beginnings during the reign of King John; at least it is known that the king then had his own ships. It was long after John's time, however, before anything like a navy of real force ex- isted; and national defense, therefore, continued to de- pend chiefly upon private enterprise. Privateering was extensively carried on by other nations as well, especi- ally France and the Netherlands. 1 The right of the crown to all prizes and captured goods was always unquestioned, but as a matter of justice, or for the encouragement of the sea-rovers and to stimulate their exertions in worrying the enemy, it was the part of wisdom to grant to the captor a share in his prize. What is presumably the oldest British document relating to such affairs, a grant of this sort issued in 1205, reads as follows: "The King to all to whom these presents shall come, Greeting. Know ye that we have granted to the crews of the galleys, which 1. Marsden, Law and Custom of the Sea (Publications of the Navy Records Society, xlix), i, Introduction; English Historical Review, xxiv (Oct. 1909), 675. 4 MASSACHUSETTS PRIVATEERS Thomas of Galway has sent to us, one half of the gains which they may make in captures from our enemies; and we will, besides, recompense them for their service ... in such sort that they shall be well satisfied." * The earliest mention of letters of marque or reprisal appears in a document of 1293, though they were prob- ably used before that. 2 Such letters were sometimes granted to individuals who had been robbed, allowing them to make reprisals against the robbers or their countrymen, until the value of the stolen property had been made good. In 1295 the vessel of Bernard Dongre- silli, lying peacefully in a harbor of Portugal, was seized by "certain sons of perdition coming out from Lisbon," who carried off the whole to the aforesaid city of Lisbon. And, of all the goods so spoiled and carried off, the King of Portugal received for his own use a tenth part; and the rest of the goods the robbers divided amongst themselves. And we, considering the wick- edness of the aforesaid robbers, in committing this spoil in time of peace, and having seen a letter under the seal of the council of Bayonne aforesaid, by which the mayor, jurats, and council, after having taken trustworthy proofs thereon, signify to our lord, the King, 3 the truth of the premises, yielding to the prayer of the said merchant, have given and granted and now give and grant to him, Bernard, his heirs, successors, and posterity, liberty to make re- prisals upon people of the realm of Portugal, and particularly upon those of the city of Lisbon aforesaid, and upon their goods, where- soever he may find them, whether within the dominion of our lord, the King and Duke, or without, [and] to retain and keep them for himself, until he and his heirs or successors or posterity shall be fully satisfied for [the loss of] his goods so spoiled as aforesaid, or their value as declared above, together with expenses reasonably incurred by him in that behalf. We, therefore, approving and ratifying the above licence, confirm the same by virtue of these presents, so nevertheless that in case satisfaction shall be made to the said Bernard in the premises, reprisals shall thereupon cease, [and] there shall be no further keeping or appropriation [of 1. Law and Custom oj the Sea, I, I. i. Ibid., 19. 3. Edward I. INTRODUCTION 5 goods]; and if it shall happen that he shall have captured and shall keep anything beyond [the value of his loss], he shall be obliged to answer faithfully for such excess. 1 The terms letters of marque, letters of reprisal, and letters of marque or (or and) reprisal were used indis- criminately for privateers' commissions and no dis- tinction between them was made before the seventeenth century. These terms were not always used in com- missions. The following, granted by Henry IV in 1404, is an example: The King to all and singular Admirals, captains, castellans, and to their lieutenants, and to keepers of ports of the sea and other maritime places, and to mayors, bailiffs, constables, pro- vosts, and officers, and to masters and owners of ships, and mar- iners, and also to victuallers of ships, and to all other our lieges and subjects, whether on land or at sea, within liberties or without, to whom these presents shall come, Greeting. Know ye that we have granted and given leave to our well-beloved Henry Paye to sail and pass to the seas with as many ships, barges, and balingers of war, men-at-arms and bowmen properly equipped, as he may be able to provide himself with, to do all the hurt he can to our open enemies, as well for their destruction as for the safe guarding and defence of our faithful lieges, and for the safety of our realm. And therefore we command you, and each of you, that you supply the said Henry with ships, barges, and balingers, victuals, and all other things necessary and useful to him in this behalf, he paying for the same as shall be reasonably agreed between you and him; and that you be aiding, advising, and assisting to him, Henry, in the performance and execution of the premises, as beseems you. In witness, &c. These presents to endure according to our pleasure. Witness the King, &c. 2 In the same reign letters of marque and reprisal against the inhabitants of Genoa were issued to a num- ber of London Merchants. The document presents in detail the conditions and reasons involved and illus- trates the forms used at that period: 1. Law and Custom of the Sea, i, 38-41. 2. Hid., 112. 6 MASSACHUSETTS PRIVATEERS The King to all to whom these presents shall come, Greeting. Our well-beloved lieges William Waldern, Drugo Barantyn, Walter Cotton, John Reynewelle, W7 illiam Flete, Thomas Brown, William Brekespere, John Glamville, John Sutton and their fellows, mer- chants of the city of London, have shown unto us that of late they, with our licence, despatched certain factors and attorneys of theirs with a great quantity of wools and other merchandise, to the value of 24,000 /., shipped in divers ships, to be carried carefully and in safety by way of the Straits of Morocco to Western parts, there [to be sold] for the advantage and increase of our realm; and, to the end that the aforesaid ships so laden should have sure and safe passage, we caused our letters of recommendation to be sent to the Governors, worthies, and community
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