Prize Papers for the ship ‘Le St Guillaume’

Taken by the Benson Galley (1744)

Transcribed by David Carter 2023

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

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Catalogue listing:

1744
Captured ship: St Guillaume of Honfleur formerly called Lion or Danière (master Robert Duboscq).
History: a French merchant ship (100 tons, 20 men), bound from the Banks of Newfoundland to Honfleur, laden with fish; taken on 13/24 July 1744 by the privateer Benson Gally of Barnstaple (Richard Vernam commanding), and brought into Appledore.
[CP 1-CP 5]: standing interrogatories, three examinations taken at Barnstaple, commissioners' affidavit;
[CP 6]: allegation;
[CP 7-CP 8]: attestation as to papers, and abstract and translation of the 34 ship's papers.
Ship’s Papers numbered SP 1-SP 34, including three papers on medical treatments.
[Decision: condemned as prize, 23 October 1744]
Reference: HCA 32/113/25
Extra information from HCA 30/775/4
https://discovery.nationalarchives.gov.uk/details/r/C14512989

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Index of Surnames:

Beavis
Benson
Drake
Duncan
Penrice
Rushworth
Sayer
Shaxson
Vernam
Walker
Wotton

N.B. French surnames excluded.

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Transcribers notes:

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

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

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

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

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

1744 January – King Louis XV of France declared war on Britain
1744 Feb 04 – Charter signed for St Guillaume at Honfleur
1744 Feb 05 – Crew list prepared for St Guillaume
1744 Feb 06 – Dubosq took possession of the St Guillaume [Gregorian calendar]
1744 Feb 06 – St Guillaume left Honfleur for Rochelle
1744 Feb 19 – Duty paid for lighthouses of Chassiron and Baleines
1744 Mar 04 – Salt permitted to be loaded at Marennes
1744 May 06 – St Guillaume arrived at Banks of Newfoundland
1744 May 19 – Letter of Marque issued for Benson Galley (see HCA 26/4/83)
1744 July 13 – St Guillaume seized (according to Vernam) [Julian calendar]
1744 July 24 – St Guillaume seized (according to Dubosq) [Gregorian calendar], set sail directly for Appledore.
1744 Aug 02 – St Guillaume seized (according to Admiralty) 
1744 Sep 20 – General depositions prepared by the High Court of Admiralty
1744 Sep 25 – Deposition of Robert Duboscq taken at Barnstaple
1744 Sep 26 – Deposition of Thomas Shaxson taken at Barnstaple
1744 Sep 26 – Deposition of Francois Choloux taken at Barnstaple
1744 Sep 28 – Depositions given to Admiralty
1744 Oct 05 – French documents translated in London
1744 Oct 23 – Documents presented at Admiralty in London.
        This date also confirmed in HCA 30/775/4

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Transcripts:

Court Paper 1

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

And also of all and singular, ship and vessels whatsoever recovered, or to be recovered from our enimys, by any of his Maj[es]ties ships of war, or otherwise, & 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 ladeing goods and merchandize, concerning which you are now examined, taken and seized, and into what place or port were the same carried. Whether was there any resistance made, or any guns fired against the ship, or persons who seized and took the same, and what or how many and by whom. And let the witnesses be asked jointly and severally and as above.

3) Item: Let the witness be asked whether was you present at the time of the takeing and seizing the ship, and her lading, or any goods and merchandizes, concerning which you are now examined, or how and when was you first made acquainted 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 s[ai]d ship, and where did he take possession thereof, and who by name delivered the same to him. Where is the said masters fixed place of habitation with his wife and family, and how long has he lived there, what countryman 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 countrymen are they, and where did they all come on board. Whether had you the witness any of the officers or company of marriners belonging to the said ship or vessell, any part share or interest in the said ship or her lading, or in 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 voyage wherein she was taken and seized, to and from what ports & 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 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 several times, and what particulars and what quantity at each port. Who by name were the several 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 s[ai]d 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, papers, 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 takeing of the said ship, goods and merchandises, concerning which you are now examined. To what value does such loss or damage amount, and how, and after what manner do you compute such your loss and damage. Have you received, or do you expect to receive, any and what satisfaction for such the loss and damage which you have sustained, and when and from who did you receive, or do you expect to receive, the same. And let the witnesses be asked to jointly and severally and as above.

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Court Paper 2

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

Robert Dubosq, of Honfleur in the Province of Normandy, in the Kingdom of France, master of the ship Saint Guillaume, aged sixty years or thereabouts, being sworn and examined (by the interpritation of the Rev[eren]d Daniell Duncan, clerk, minister of the French congragation in Barnstaple aforesaid), deposeth and saith:

1) To the first interrogatory he deposeth and saith: that he was born in Honfleur aforesaid, where he has lived ever since. And that he is not a subject to the Crown of Great Britain, but to the French King.

2) To the second interrogatory deposeth and saith: that on the twenty fourth day of July last (new stile) the ship and lading, goods and merchandizes, concerning which he is now examined, were taken and seized by Richard Vernam, captain of the Benson Gally, belonging to the Port of Barnestaple, and was directly carried into Apledore within the Port of Barnestaple aforesaid. And saith: that there was no resistance made, nor any guns fired against the ship or persons who seized the same, or any person whatsover.

3) To the third interrogatory he deposeth and saith: that he was present at the time of the takeing and seizing the said ship, with her goods, wares and merchandizes by the said Benson Gally, who after fireing three guns entred and boarded her. And saith: that the said ship and goods were taken by a private Man or War belonging to Thomas Benson esq of Northam within the said Port of Barnestaple. And that the said private man of war had a com[m]ission to act as such from the High Court of Admiralty of England (as the said deponent apprehends) and believes by virtue thereof she was so taken and seized as aforesaid.

To the fourth interrogatory he deposeth and saith: that the said ship and lading were so seized and taken and carried into the port of Barnestaple aforesaid upon pretence that there was a warr between the Crowns of England and France. And saith: he doth not apprehend that the same is as yet condemned.

To the fifth interrogatory he deposeth and saith: that the said ship or vessell at the time she was so taken and seized, belonged to Messures La Meule & Bermon, merchants in Honfleur aforesaid, and this depon[en]t. And that the said La Meule and Bermon appointed him, the s[ai]d deponent, master of her, and delivered her to him at Honfleur aforesaid, the sixth day of February last (new stile) when he took possession of her. And saith: that his fixt place of habitation with his wife and family is at Honfleur aforesaid.

To the sixth interrogatory he deposeth and saith: that besides him, this depon[en]t, there were twenty marriners belonging to the said ship or vessell at the time she was so taken and seized, all Frenchmen who all came on board her at Honfleur aforesaid. And saith: that he was owner of the one eighth part of the ship or vessell, and also of a fifth part of one third part of her lading, which he vallued in one thousand and two hundred livres at the time she set saile for Newfoundland. And saith: that the company belonging to the said ship or vessell were interested in four fifth parts of one third part of her said loading, as he apprehends, but for more certainty refferrd to the Charterparty taken with his papers in the said ship.

To the seventh interrogatory he deposeth and saith: that he first saw the said ship or vessell at Honfleur aforesaid about twenty years since, where she was built, being of the burthen of one hundred tons or thereabouts, and that for ten years after her being built, she was called by the severally names of the Lion & Daniere, and for the ten years last past, she was called by the name of the Saint Guillaume.

To the eighth interrogatory the said deponent saith: that on the said sixth of February last, he sett saile in the said Guillaume from Honfleur aforesaid, for Rochelle in France aforesaid, where he took in a cargoe of salt and provisions, and from thence proceeded on a fishing voyage on the Banks of Newfoundland, where she arrived the sixth day of May last.

And as they were fishing there, they were attacked and taken by the said ship the Benson Gally as aforesaid. And saith: that her voyage was to have ended on her return to Honfleur aforesaid with her cargoe of fish, and that at the time she so sett out from Honfleur aforesaid, she had no other goods or merchandizes on board but salt & provisions. And at the time she was so taken as aforesaid, she had on board her fourteen thousand cod fish besides provisions. And that she was then upon a lawfull trade and had no prohibited goods on board.

To the ninth interrogatory he deposeth and saith: that he well knows Messures La Maule and Bermon were proprietors of the ship, they haveing been possessors and employed of her for twelve years last past, and that he, this depon[en]t, purchased one eighth part of her, of them about one year since. And saith: that the said La Maule and Bermon were born in the Kingdom of France, and now live with their wives and familys in Honfleur aforesaid, and are subjects to the French King.

To the tenth interrogatory he deposeth and saith: that he knows nothing of the Bill of Sale of the said ship to the said La Maule and Bermon, nor had this depon[en]t any Bill of Sale from them of his eighth part thereof, but that it was only a verball contract for it in the month of November last.

To the eleventh interrogatory this deponent saith: that the lading consisting of fish on board the said ship, when she was so taken, was caught and taken on board her on the Banks of Newfoundland as aforesaid, and that they were designed for the said La Maule, Bermon, the said depon[en]t, and the rest of the said ships crew in proportion to their severall shairs. And that such lading was taken on board about the month of May last, and the month of July.

To the twelfth interrogatory he deposeth and saith: that he hath no bills of lading for the goods seized on board the said ship, and further to this interrogatory saith not.

To the thirteenth interrogatory this deponent saith: that he hath no papers of writeings whatsover, but what are hereafter set forth in his depositions to the sixteenth interrogatory.

To the fourteenth interrogatory he deposeth and saith: that the said ship and fish were so taken and seized at the time aforesaid on the Grand Bank of Newfoundland, in Latitude forty four degrees and forty four minutes.

To the fifteenth interrogatory he deposeth and saith: that the charterparty signed for the intended voyage by Messures La Maulle and Bermon, and him this depon[en]t, and the rest of the said ship's company, are certifyed by the Com[m]issary Thirat at Honfleur the fourth [of] February 1744, and which is now shown to this depon[en]t, and marked on the back with the letter (A), and to which this depon[en]t reffeurs as to the contents thereof, was taken and seized in and with the said ship, which is now in the custody of the Com[m]issioners in this behalfe, or one of them.

To the sixteenth interrogatory he deposeth and saith: that he hath sustained by reason of the takeing and seizing the said ship & cargoe as aforesaid, in his own private account loss or damage to the amount of three thousand livres, computing his loss of his share or part of the said ship and cargoe, and that he expects to have or receive no manner of sattisfaction therefore from any person whatsoever.

[signed] Robert Duboscq
Daniel Duncan, Min[iste]r of the French Congregation in Barnstaple.

On the twenty fifth day of September 1744, Repeated and acknowledged before:
Henry Beavis, commissioner.
In the presence of John Drake, notary publick.

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Court Paper 3

Thomas Shaxson of Northam in the county of Devon, marriner, Second Lieutenant of the Privateer called the Benson Gally, belonging to Apledore within the port of Barnestaple in the said county of Devon, aged forty two years or thereabouts, being sworn and examined, deposeth and saith:

To the first interrogatory he deposeth and saith: that he was born in the parish of Northam aforesaid, where he hath lived ever since, and is a true subject to the Crown of Great Britain.

To the second interrogatory be deposeth and saith: that on the thirteenth day of July (old stile) the ship and lading, goods and merchandize, concerning which he is now examined, was taken and seized by Richard Vernam, captain of the Benson Gally af[oresai]d (being a private Man of War belonging to the port of Barnestaple aforesaid). And saith: that as soon as the said ship was so taken as aforesaid, the said Captain Richard Vernam appointed this depon[en]t Master of her, and ordered him to carry her to Great Britain aforesaid, and accordingly this depon[en]t carryed her into Apledore within the Port of Barnestaple aforesaid, together with Robert Dubosq the master, and Francis Chaloux surgeon of the French ship so taken, was called the Saint Guillaume. And saith that the rest of the French crew were ordered by the said Captain Vernam on board the said Benson Gally, where they accordingly went. And also saith: that there was no resistance made, nor any guns fired against the ship or persons who so seized the said French ship, or any person whatsoever.

To the third interrogatory he deposeth and saith: that the said ship and goods were so taken as aforesaid, by the said Benson Gally which was and is a private Man of War belonging to Thomas Benson of Northam aforesaid, esq, and com[m]anded by the s[ai]d Richard Vernam, who them acted as a privateer by virtue of a Com[m]ission from the High Court of Admiralty of England.

To the fourth interrogatory this depon[en]t saith: that the said ship and lading was so seized and taken, as they belonged to the subjects of the French King, against whome War had been declared by the King of Great Britain. And that he knows the said ship is not yet condemned.

To the fifth interrogatory be deposeth and saith that he knows no more or otherwise of the master of the said French ship or vessell, than that he says himself, that he is called by the name of Robert Dubosq, and is a native of Honfleur in the Kingdom of France, where he lives with his wife and family.

To the sixth interrogatory he deposeth and saith: that the marriners belonging to the said ship or vessel when taken were twenty one in number, including the Captain, who were all French men.

To the seventh interrogatory he deposeth and saith: that he never saw the said French ship till the time she was so taken, but believes her to be about one hundred tons burthen, and of French building, and does not know that she was called by any other name than the Saint Guillaume.

To the eighth interrogatory he deposeth and saith: that he believes the said ship or vessel was intended to made a fishing voyage on the Grand Bank of Newfoundland, for that she was there fishing at the time she was so taken. And believes that her outset consisted of salt and provisions, but that at the time she was so taken, there was on board her about fourteen thousand of codd fish (as the French Captain informed this deponent), some train oile and some salt. And saith: that he knows of no prohibited goods on board her.

To the ninth interrogatory he deposeth and saith: that he hath heard that the owners of the said ship or vessell belonged to Honfleur aforesaid, and are subjects to the French King.

To the tenth interrogatory this depon[en]t cannot depose.

To the eleventh and twelfth interrogatorys this deponent cannot depose.

To the thirteenth interrogatory he deposeth and saith: that at the time he boarded the said French ship, he found in the chest of the said Dubosq the master, thirty five paper writeings, now produced by him and marked on the back with the severall letters: A: B: C: D: E: F: G: H: J: K: L: M: N: O: P: Q: R: S: T: U: W: X: Y: Z: AA: BB: CC: DD: EE: FF: GG: HH: JJ: KK: LL: but whither they prove any property in the said ship or vessell, or what were the contents thereof, this depon[en]t cannot sett forth, they being written in the French language, which this depon[en]t doth not understand, but refferrs to the same, and saith: that there were no other papers found on board the said ship, for that no other person rumaged the said ship, but this depon[en]t to his knowledge or beliefe.

To the fourteenth interrogatory he deposeth and saith: that the said ship and goods were so taken and seized at the time aforesaid, on the Grand Bank of Newfoundland in Latitude forty five, to the best of this depon[en]ts judgement, he not being able to take an observation for some days before, it being foggy weather.

To the fifteenth interrogatory this depon[en]t cannot depose.

To the sixteenth interrogatory this deponent cannot depose any further than what he hath already set forth in his deposition to the thirteenth interrogatory.

To the seventeenth interrogatory this depon[en]t cannot depose.

[signed]: Tho[ma]s Shaxson

On the twenty sixth day of September 1744, repeated and acknowledged before
Henry Beavis, commissioner
In the presence of John Drake, notary publick

On the back:
Le Saint Guillaume, Robert Dubosq m[aste]r
Three Examinations taken at Barnstaple with an affidavit & 34 papers annex[e]d brs(?) in by Sayer.
2nd October 1744.

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Court paper 4

Francois Choloux of Saint Denis de Montmoreau in the Province of Guienne in the Kingdom of France, surgeon, of the ship Saint Guillaume, aged twenty two years or thereabouts, being sworn and examined (by the interpritation of the Rev[eren]d Mr Daniell Duncan, minister of the French congregation in Barnestaple in the county of Devon) deposeth and saith:

To the first interrogatory he deposeth and saith: that he was born in Saint Denis de Montmoreau aforesaid, and that for seven years last past, he hath had no settled place of aboad, nor yet hath any. And that he is not a subject to the Crown of Great Britain, but to the French King.

To the second interrogatory he deposeth and saith: that on the twenty fourth day of July last (new stile) the ship and lading, goods and merchandizes, concerning which he is now examined, was taken & seized by Richard Vernam, captain of the Benson Gally, belonging to Apledore in the Kingdom of England, and was directly carried into Apledore aforesaid. And saith: that there was no resistance made, nor any guns fired against the ship or persons who seized the same, or any person whatsoever.

To the third interrogatory he deposeth and saith: that he was present at the time of the taking and seizing the said ship, with her goods, wares and merchandizes, but the said Benson Gally, who after fireing two or three guns, entred and boarded her. And saith: that he hath heard and believes that the ship by which they were taken, was a private Man of War, and belonged to Mr Benson, but doth not know under what com[m]ission she acted as such.

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

To the fifth interrogatory this depon[en]t saith: that the master of the said ship or vessell, concerning which he is now examined, is named Robert Dubosq, who lives with his wife and family in Honfleur in France, with whome this depon[en]t was not accquainted till he was shipped on board the said vessell called the Saint Guillaume at Honfleur aforesaid, which was about nine or ten days before she sailed for Newfoundland, but who appointed the said Dubosq to be Master of her, or where or when he took the possession, or who delivered her to him, this depon[en]t cannot set forth, and believes the said Master is by birth a French man, and a subject to the French King.

To the sixth interrogatory he deposeth and saith: that besides him, this depon[en]t, there were twenty marriners belonging to the said ship or vessell, at the time she was so taken and seized, all Frenchmen, who all came on board her at Honfleur aforesaid. And saith: that he doth not know whither or not, any of the officers or marriners belonging to the said ship, had any share or interest in the said ship or her cargoe or lading. But saith: that in case the said ship had made but a tollerable fishing voyage, he was to have received for his share four hundred livres. And in case she made a better or worse voyage, he was to have had more or less in proportion, as this depon[en]t apprehends, but for more certaintity refferrs to the charterparty of the said ship, now in the custody of the Com[m]issioners appointed in this behalf, but that he cannot be certain what his share in the cargoe of the said ship was worth at the time she was so taken.

To the seventh interrogatory this depon[en]t saith: that the first time he saw the said ship or vessell, was at Honfleur aforesaid, on the sixth day of February last, when he was shipt on board her. And that he knew her from that time, to the twenty fourth day of July last (new stile) but is not certain of what burthen the said ship is, neither can he depose of what country building she is. And saith: that the said ship is called the Saint Guillaume, but how long she hath been so called, he cannot depose. And saith that he did belong to the said ship or vessell (concerning which he is now examined) at the time she was so taken and seized as aforesaid.

To the eighth interrogatory he deposeth and saith: that on the said sixth day of February last, he sett saile in the said ship Guillaume, from Honfleur aforesaid, for Rochelle in France aforesaid, where they took in a cargoe of salt and provisions, and from thence proceeded on a fishing voyage on the Banks of Newfoundland, where she arrived the sixth day of May last. And as they were fishing there, they were attacked and taken by the said ship Benson Gally as aforesaid. And saith: that her voyage was to have ended on her return to Honfleur aforesaid, with her cargoe of fish. And that at the time she so set out from Honfleir aforesaid, she had no other goods or merchandizes on board but salt and provisions. And that at the time she was so taken as aforesaid, she had on board her fourteen thousand cod fish besides provisions. And that she was then upon a lawfull trade, and had no prohibited goods on board.

To the ninth interrogatory he deposeth and saith: that he doth not certainly know to whome the said ship or vessell (concerning which he is now examined) did belong at the time she was taken and seized as aforesaid, but that he apprehends and believes she belonged to some subjects of the French King. And hath been informed she belonged to Messures La Maule and Bermon of Honfleur aforesaid, and believes they were born in France.

To the tenth interrogatory this depon[en]t cannot depose.

To the eleventh interrogatory this depon[en]t saith: that the lading consisting of fish on board the said ship, when she was so taken, was caught and taken on board her, on the Banks of Newfoundland as aforesaid. And that they were designed for the said La Maule and Bermon as this depon[en]t believes.

To the twelfth interrogatory this depon[en]t cannot depose.

To the thirteenth interrogatory this depon[en]t saith: that he knows nothing of the Bills of Lading, invoices, letters, or any instruments or papers relateing to the property of the said ship or goods.

To the fourteenth interrogatory this depon[en]t saith: that he doth not know in what degree of Latitude the said ship and goods were taken, neither can he make or set forth any other answer to this interrogatory than what he hath already set forth.

To the fifteenth interrogatory he deposeth and saith: that he hath seen a charterparty signed by the merchants, master and most part of the said ships crew, for the said intended voyage, and believes that the same was taken by Thomas Shaxson who was appointed Captain of the said ship Saint Guillaume when she was taken, in order to bring her home to England, and that the same is now in the hands of one of the Com[m]issioners appointed in this behalfe. And believes the same was made at Honfleur aforesaid, and refferrs himselfe to the same charterparty as to the contents hereof, he this depon[en]t haveing never read the same.

To the sixteenth interrogatory this deponent saith: that he can set forth nor depose any other thing or matter thereto, than what he hath set forth in his deposition to the thirteenth interrogatory.

To the seventeenth interrogatory this depon[en]t saith: that he hath sustained on his own private account, by reason of seizing and takeing the said ship and cargoe, loss and damage one hundred pistoles, he intending in his computation his chest of medicines, shair of fish, and the produce thereof, had they come to a markett, for all which loss and damage this depon[en]t hath not, nor doth he expect to have any sattisfaction from any person or persons whatsoever.

[signed]: Choloux, Chirugien [surgeon], Daniel Duncan, min[iste]r

On the twenty sixth day of September 1744, repeated and acknowledged before:
Henry Beavis commissioner.
In the presence of John Drake, notary publick.

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Court Paper 5

Be it rememb[e]red whome these presents do or shall concern, that the before named Robert Dubosq, Francois Choloux and Thomas Shaxson were by virtue of the commission hereinbefore mentioned in my presence, produced & brought before and secretly & seperately sworn, examined & interrogated by Henry Beavis of Barnestaple in the county of Devon, gentleman, one of the com[m]issioners in the said commission named upon the severall interrogatorys herein before contained (being a copy of the interrogatorys annexed to the said commission) and their sayings and depositions, are faithfully reduced into writeing by Mr 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 the said Robert Dubosq and Francois Choloux (two of the said witnesses) are Frenchmen, and do not understand the English language, the Rev[ere]nd Daniel Duncan, minister of the French congregation in Barnestaple aforesaid (being a person of good fame, and conversant in, and well accquainted with both the said languages) was sworn for our sovereign Lord the King, truely and faithfully to interpret the sayings and depositions of the said witnesses.

And such the sayings and depositions of all the beforenamed witnesses so reduced into writeing, 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 com[m]ission requires. All which I do hereby certify under my hand and notarial seal at Barnestaple aforesaid, on the twenty eighth day of September, one thousand seven hundred and forty four [1744].

[signed] John Drake, notary publick.

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Court Paper 6

23 October 1744

In the Admiralty
Le Saint Guillaume, Robert Dubosq master
Richard Vernam, commander of the private ship of war called the Benson Galley, against the said ship called Le Saint Guillaume and her tackle, apparell and furniture, and the goods therein taken and seized by the said private ship or war the Benson Galley, and brought to the port of Barnestaple in special and against all persons having or pretending to have any right, title or interest in the said ship Le Saint Guilllaume, and the goods therein taken, and seized in general.

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

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

Secondly:
That on or about the nineteenth day of the month of May last past, a Commission or Letter of Marque issued and was granted under the Great Seal of the High Court of Admiralty of England, to the said Richard Vernam to fitt out the said ship Le Saint Guillaume [sic - Benson Galley intended] 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 and 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 such other ships, vessels, goods and effects as are or shall be liable to confiscation, pursuant to the Treaties between the Crown of Great Britain and other Princes, States and Potentates, as in and by the records of this Court to which the party proponeat doth refer, may and doth more fully and at large appear, and this was and is true, publick and notorious, and the party proponeat doth alledge and propound as above.

Thirdly:
That the said ship Le Saint Guillaume (whereof the said Robert Duboseq was master), belonging to the said French King or to his vassels or subjects, or others living, residing or inhabiting within his Countries, Territories or Dominions, having goods, wares and merchandizes of the growth and manufactures of the Dominions of the Crown of France, and belonging to the subjects or vassels of the French King or others, enemies of the Crown of Great Britain, was on or about the second day of the of month of August 1744, taken and seized as lawful prize, by the said private ship of war called the Benson Galley, whereof the said Richard Vernam was and is commander, and was afterwards brought to the port of Barnstaple, and the party proponeat doth alledge and propound as before.

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

Fifthly:
That all and singular the premises were and are true, publick and notorious, and thereof there was and is a publick voice fame and report, of which legal proof being made, the party proponent prays you the Right Worshipfull Sir Henry Penrice, Knight, Doctor of laws, Lieutenant, President and Judge of the High Court of Admiralty of England, or your lawful surrogate, that Right and Justice may be duly administered to him and his party in the premises, and that the said ship Le Saint Guilllaume, 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 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] P Walker

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Court Paper 7

Thomas Shaxson of Northam in the county of Devon, marriner, second Lieutennant of the Benson Gally, privateer, whereof Richard Vernam was com[m]ander, deposeth and saith: that he was the first person that boarded the ship, the Saint Guillaume of Honfleur, in the Kingdom of France, after she struck and submitted to the said Benson Gally on the Banks of Newfoundland. And that the severall papers which he hath now delivered to Mr Henry Beavis, one of the com[m]issioners appointed by the High Court of Admiralty, for condemnation of the said ship being thirty five in number, and marked with the severall alphabetacall letters as mentioned in this depon[en]ts deposition, taken before the said commissioner to the thirteenth interrogatory, and which are hereunto annexed, were by him found in the chest of Mr Dubosq, master of the said ship Guillame. And that they were and are all that were taken and found on board the said ship, and now are in the same plight and condition as they then were without any fraud, addition, substitution or embezellment.

[signed]: Thomas Shaxson

Sworn at Barnestaple in the county of Devon, the twenty sixth day of September 1744, before:
Henry Beavis, commissioner.
In the presence of John Drake, notary publick.

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Court Paper 8

Translated from the papers taken on board the ship the St Guillaume.

No.1
A Charterparty entered into, between the Officers, Mariners and Cabin Boys, and Mr Robert Dubosq, commander of the ship Le St Guillaume, belonging to Messrs Delamulle and Bermon, merchants at Honfleur, for a voyage to Newfoundland or the Bay of Canada to fish for cod, after having taken her salt at Rochel or in that neighbourhood, and to return to Honfleur, Havre de Grace, or Dieppe, at the pleasure of the owners of the said ship. Dated 2 [4th in document] Jan[uar]y 1744.

No.2
Roll of Equipage [Crew list] of the ship the St Guiullaume of Honfleur, of the burthen of a hundred tons, belonging to Messrs Lamulle and Bermon, fitted out at Honfleur, to go to Newfoundland under the command of Mr Robert Dubosq, 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 Honfleur the fifth of February 1744.

No.3
Lewis John Mary [Louis Jean Marie] de Bourbon, Duke of Penthievre of Chateaux Vilain [Châteauvillain], and of Rambouillet, Admiral of France, Gouvernour and Lieutenant General for the King in his Province of Brittany. To all to whom these presents shall come, greeting. We make known that we have given leave and passport to Robert Dubosc of Honfleur, captain and master of the ship called le St Guillaume of the burthen of a hundred tons or thereabouts, being at the harbour of Honfleur, well and duly to equip and fitt out his said ship, and to arm her against all incursions of the enemies of the State, Pirates, and lawless people, to carry and conduct them to Rochel or the neighbouring places, to take in her salt, and from thence to the Banks of Newfoundland, or along the sea coasts to fish for cod, wet and dry, with a charge that neither her, nor any of this crew do make any treaty or exchange for skins of the countries of new France, either directly or indirectly, under pain of confiscation 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 & cause to be observed by his crew, the ordinances of the Marine, and shall lodge in the Registry a Roll containing the number of guns, arms, amunition & provisions, and the names & surnames, places of birth, and abode of the men, who shall embark on board him, without concealing any one. And at his return, before he shall unload any thing, he shall make a faithfull report of what shall have been done, and passed during the voyage, and shall declare whether he has brought back all his men, and if he has not brought them back to the place where he has left them, under the penalties laid by the ordinances, & shall carry the colours, arms and ensigns of his Majesty and of us during his voyage.

We pray and request all Princes, Potentates, their Lieuten[an]ts General, Admirals Gouvernours of their Provinces, Towns, Harbours and Commanders of their sea forces, we  order & command the judges & officers who exercise jurisdition in maritime causes, and Captains, Guarde Costas and others, subjects of the King, whom it shall concern, to let the said Robert Dubosq freely and securely pass, go, come, sojourn and when through each of their powers, governments, jurisdictions and districts with his said ship, crew, arms, cloaths, ballast and provisions, without giving, or causing, or suffering to be given to him, and trouble, disturbance, uneasyness or impediment whatsoever, but rather all favour, support, succour, aid and 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 signed by our ordinary secretary of the marine at Honfleur, the fourth of February 1744.

[signed] L.J.M. de Bourbon.
<SEAL>
By his most serene Highness, Romien.

Registered in the registry of the Admiralty at Honfleur the 4th February 1744.

No.4
A Permit from the Customehouse at Marennes, dated the fourth of March 1744, for ninety four muids of salt, to be laden on board the ship St Guillaume of Honfleur, duty free, she being going a fishing to Newfoundland.

No.5
A Receipt dated 19th February 1744, for four livres duty on the ship St Guillaume, for the lighthouse called la Tour de Chassiron.

No.6
An Accompt of sundry small expences of the Captain at St Martins in March 1743.

No.7
A Receipt dated at la flotte the 19th February 1744, for fifty sols, charged on the French ship called the St Guillaume of Honfleur, of the Burthen of a hundred tons, for the lighthouse called le Feu de Baleines.

No.8
A Bill on Messrs Delamulle and Bermon, merchants at Honfleur, for 94 muids of salt, laden on board the ship St Guillaume, capt[ain] Robert Dubosq, together with some red & white wine, brandy, and other things amounting in the whole to 1027£,12s,6d.

No.9
A Memorandum concerning some pots, kettles and other kitchen furniture.

No.10
An accompt in gross of money given to the crew in the countrey on accompt of the owners of the ship at 25 p'd amounting in the whole to 116£.19s.

No.11
A Receipt from the Receiver of the Dues of the Admiral, dated a la Tremblade, the third of March 1744, for fifteen livres for his fees, and nine and twenty livres, fifteen sols for unbalasting, paid by Capt Robert Dubosq in the whole 44£.15s.0d.

No.12
A Memorandum of Instructions in brief of the usefullness of the medicines contained in the Captain's chest of medicines.

No.13
An account of the condition in which several sails as to the time of their having been used or worn.

No.14
Is a further account of the use of the medicines and the manner of applying them in case of need.

No.15
An Account of the ballast of the ship the St Guillaume, commanded by Capt Robert Dubosq, amounting in the whole to 116 tons of ballast.

No.16
An Account of moneys that Capt Dubosq is desired to return in his hands on the following heads being part of his crew - the number is seven and the whole money 41£.9s.

No.17
A Note to Mr Thirat desiring him to pass James le Blanc [Jaque de Blanc in document], shipt on board the ship the St Guillaume, in the capacity of mariner, for Newfoundland, dated the 9th of January 1744. Signed Robert Dubosq.

No.18
A like note to the same for the passing of John Guilard [Jean Guilard in document], shipt on board the said ship as Mate, dated 7th January 1744.

No.19
Another note from the Capt to Mr Thiratte desiring him to pass John Simon [Jean Simon in document], shipt as a mariner on board the ship St Guillaume, dated 2nd December 1743.

No.20
Another ditto, dated 5th Dec[embe]r 1743 from the same, to the same, asking him to pass Anthony Baudouin [Anthoinne Bandouer in document] a cabin boy on board the s[ai]d ship.

No.21 Another ditto, dated 12 Dec[embe]r 1743 from the same, to the same, desiring him to pass John Duvivion de Lisioux [Jean Duinnier de Lixiene in document] as a novice on board the s[ai]d ship.

No.22
Another ditto, dated the 3rd December 1743, from the same, to the same, desiring him to pass Peter Langlois [Pierre Anglore in document] in the same capacity, on board the said ship.

No.23
Another ditto, dated the 7th January 1743, from the same, to the same, desiring him to pass John le Proux [Jean le Prout in document] a cabin boy on board the s[ai]d ship.

No.24
Another ditto, from the same, to the same, desiring him to pass Adrian Coseignour [Adrean le Seaguenes in document] a mariner shipt on board the said ship.

No.25
Another ditto, dated 2nd December 1743, from the same, to the same, desiring him to pass Francois Requier [Francois Requier in document] a mariner on board the s[ai]d ship.

No.26
Another ditto, dated 4th December 1743, from the same, to the same, desiring him to pass James Simon John [Jacque Simon in document] a mariner on board the said ship.

No.27
Another ditto, dated 5th December 1743, from the same, to the same, desiring him to pass John Leproux [Jean Le Prout in document] shipped on board the s[ai]d ship.

No.28
Another ditto, dated 9th January 1743, from the same, to the same, desiring him to pass Christopher Giles [Cristople Gille in document] as carpenter of the s[ai]d ship.

No.29
Another ditto, dated 20th December 1743, from the same, to the same, desiring him to pass John Buchard [Jean Beuchard in document], shipped as cook on board the said ship.

No.30
Another ditto, dated 12th December 1743, from the same, to the same, desiring him to pass Alexander Lioguare [Allexandre Liogaurd in document] in the quality of a cabin boy

No.31
Another ditto, dated the 11th January 1744, desiring him to pass Francis Manchon [Francois Malchont in document] as a mariner on board the said ship.

No.32
Another ditto, from the same, to the same, dated 11th Dec[embe]r 1743, desiring him to pass Charles Simon [Charle Simon in document] shipt as a mariner on board the s[ai]d ship.

No.33
An Account of eighty five muids of salt laden on board the ship called le Francoise of Honfleur, com[m]anded by Robert Deboscq, & other things furnished, & payments made for the use of the said ship, the whole pursuant to the orders, and on the accompts of Messrs Delamulle and Bermon, amounting in the whole to 845£.3s.1d, dated at St Martins in the Isle of Ré, the 19th March 1743.

No.34
Another account of the use of the medicines on board the ship.

[All the above] Faithfully translated and abstracted from the French at London this 5th of October 1744, by me:
Edw[ar]d Rushworth, notary publick.

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There follows a collection of 34 documents, all in French, as per the above list.

Details of SP2 are as follows:

Role de l'equipage du Navire Le St Guillaume de Honfleur construit en 17~~ à Honfleur du port de 100 tonneaux, armé en Guerre de ~ canons, & de ~ en Marchandise, de ~ & de ~ livres de calibre, ayant ~ Pierriers, ~ Fusils, ~ Sabres, tirant d'eau chargé 10 pieds, & non chargé 8 pieds, 2 pont, ~ Gaillard, apartenent àux Ms Lamulle & Bermon d'Honfleur, armé à la part à Honfleur sous le commandement de Robert Dubosc par ~?~ ~?~ aller a Terreneuve.

Then there are printed columns to be filled in, headed:
Noms, surnoms, demeures & qualitez
Ages, tailles & poils
Qualités & soldes au service du Roi
Classes, folios & numeros
Doivent par mois à lá part

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

Officiers
Robert Debosc, d'Honfleur, aged 60
Jean Campion, ditto, aged 31
Jean Guyard, ditto, aged 40
Francois Choloux, de St Denis de Monmoro, surgeon, aged 21
Christo Gilles, d'Honfl[eur], aged 40
Thomas Gimeu, due Sallue, aged 45
Jean Leproux, d'Honfleur, aged 40

Matelotes (sailors)
Jacques Le Blanc, d'Honfl[eur], aged 27
Francois Dumone, ditto, aged 20
Adrien L Seigneur, ditto, aged 20
Francois Riguer, d'Najous, aged 42
Jacq[ue]s Simon Jeane, Honfl[eur], aged 21
Jean Simon, ditto, aged 17
Charles Simon, de Bonner, aged 24
Jean Duvivieu, de Lizuier, aged 21
Pierre Langloin, d'Honfleur, aged 20
Francois Manchoud, d' Coulleville, aged 21
Jean Buchard d'Trouville, aged 17

Mousses (apprentices, or cabin boys)
Antoine Ligerre, d'Honfleur, aged 13
Jean Le Proux, ditto, aged 13
Louis Ant'e Baudouin, ditto, aged 12

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

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Definition: 

Muid: A French measure of dry goods, varying depending on commodity and region, but originally a waggon load. For salt in the Marennes and Rochelle region, a muid equated to about 1,200 litres. See: www.sizes.com/units/muid.htm
 

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