Prize Papers for the ship ‘Le Lion d’Or’

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: Lion d'Or (master Jacques Sorillon or Perillon).
History: a French merchant ship (70 tons, 12 men), bound from Newfoundland to Seudre, laden with fish and salt; taken on 2/13 August 1744 on the Newfoundland coast, at latitude 44° by the privateer Benson Galley (Richard Vernam commanding) and brought into [port of] Barnstaple.
[CP 1-CP 5]: standing interrogatories, three examinations, commissioners affidavit;
[CP 6]: allegation;
[CP 7-CP 8]: attestation as to papers and abstract and translation of the 6 ship's papers [SP1-SP6].
[Decision: condemned as prize, 1 December 1744]
Language: English and French
Reference: HCA 32/127/17
Extra information from HCA 30/775/4
https://discovery.nationalarchives.gov.uk/details/r/C14513323

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Index of Surnames:

Beavis
Benson
Bird
Dale
Drake
Fore or Hore
Hogg
Pain
Penrice
Perillon or Sorrillon
Poitevin
Randle
Rushworth
Sayer
Vernam

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 name of the master of the French ship, appears in some cases as ‘Jacquez Sorillon’ and in others as ‘Jacques Perillon’.

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 Mar 31 – Lion d'Or had permits issued
1744 Apr 01 – Lion d’Or given Customs clearance
1744 Apr 04 – Lion d’Or, paid duty for lighthouse
1744 May 19 – Letter of Marque issued for Benson Galley (see HCA 26/4/83)
1744 Aug 02 – Lion d’Or seized (according to Hogg) [Julian calendar]
1744 Aug 13 – Lion d’Or seized (according to Sorillon) [Gregorian calendar]
Entered Placentia about 12 days later
1744 Sep 23 – Lion d’Or left Placentia
1744 Oct 24 – Lion d’Or arrived at Appledore (Wednesday, according to Hogg)
1744 Oct 25 – Lion d’Or arrived at Appledore (Thursday, according to Sorillon)
1744 Sep 20 – General depositions prepared by the High Court of Admiralty
1744 Oct 27 – Deposition of Thomas Hogg taken at Barnstaple
1744 Oct 29 – Deposition of Jacquez Sorillon taken at Barnstaple
1744 Oct 29 – Deposition of Pierre Fore taken at Barnstaple
1744 Nov 03 – Depositions given to Admiralty
1744 Nov 13 – French documents translated in London
1744 Dec 01 – Documents presented at Admiralty in London, and confirmed as a prize ship
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 and some of the mariners and others of the crew, of all & singular the ships and vessels, goods and merchandizes, seized in the port of Barnstaple in the County of Devon, or the Districts thereof, or taken or seized, or which shall hereafter be taken or seized, by any private Man of War, by virtue of Letters of Marque or Commission of War, or without any commission.

And also of all and singular, ship and vessels whatsoever recovered, or to be recovered from our enemys, by any of his Maj[es]ties ships of war, or otherwise, and brought or to be brought into the aforesaid 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 hereafter shall be seized as afores[ai]d 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 there with. 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, and to [what] port or place was she afterwards carried, whether was she condemned, upon what account, or for what reason was she condemned, and by whom, and by what authority was she so condemned. And let the witnesses be asked jointly and severally as above.

5) Item: Let the witness be asked: who by name was the master of the ship or vessell, concerning which you are now examined, at what time she was taken and seized. How long have you known the said master, who first appointed him to be master of the said ship, and where did he take poss[ess]ion 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 mariners 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 voyages wherein she was taken and seized, to and from what ports and places did she sail the said voyage before she was taken & seized. Where did the voyage begin, and where was the voyage to have ended. What sort of lading did she carry at the time of her first setting out of the said voyage, and what particular sort of lading and goods had she on board at the time she was so taken and seized. Was the said ship or vessel at the time she was so taken and seized proceeding or intending to proceed upon a lawfull, and what particular trade had she at the time, any and what prohibited goods on board her. And let the witnesses be asked jointly and severally as above.

9) Let the witness be asked: who was 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 owner of the said ship at that time, of what nation are they by birth, and where do they live with their wives and families. 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, that was on board the ship at the time she was taken and seized, first put aboard the said ship. In what month and year was the said lading so put aboard. What were the several qualities and quantitys and particulars thereof. Whether were the same laden and put on board the said ship in one port and at one time, or in several ports and places, and how many by name, and at how many 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 said ship, whether were the same colourable, and whether were any bills of lading signed which were of a different tenour with those which were aboard the said ship at the time she was taken and seized, and what were the contents of such other bills of lading, and what are become thereof. And let the witnesses be asked jointly and severally and as above.

13) Item: Let the witness be asked: what bills of lading, invoices, letters or any instruments in writing or papers have you to prove the property in the ship & goods concerning which you are now examined. Produce the same and set forth the particular time 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, and what was the contents thereof. And let the witness be asked jointly and severally and as above.

16) Item: Let the witness be asked: what particular papers, bills of lading, passes, letters or other writing were aboard the said ship at the time of the seizure of the said ship, and what are become thereof. And let the witnesses be asked jointly and severally and as above.

17) Item: Let the witness be asked: what loss or damage have you sustained by reason of the seizing and taking of the said ship, goods and 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 whom did you receive, or do you expect to receive, the same. And let the witnesses be asked to jointly and severally and as above.

[signed]: Henry Beavis.

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Court Paper 2

The sayings and depositions of persons produced, admitted, sworn and examined on the severall interrogatories annexed to a commission issued under the seal of the High Court of Admiralty of England, bearing date the twentieth day of September 1744, for the examination of the respective masters and some of the marriners and others, of all and singular the ships and 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 Majesty's ships of war, or otherwise, and brought, or to be brought, into the port of Barnstaple or districts thereof follow, to witt:

Thomas Hogg of Northam in the county of Devon, marriner, master of the ship Le Lion d’Or, aged twenty years and upwards, being sworn and examined, deposeth and saith:

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

2) To the second interrogatory deposeth and saith: that the said ship Le Lion d'Or and the lading goods and merchandizes, concerning which he is now examined, was on or about the second day of August last past (as he hath heard and beleeved) taken and seized by Richard Vernam, master of the ship called the Benson Galley, for private man of war on the Banks of Newfoundland, and was thereupon by him sent into Placentia under the command of one Mr John Randle and saith: that he hath heard there was no resistance made, or any guns fired against the ship or persons who took the same.

3) To the third interrogatory he deposeth and saith: that he was not present at the taking and seizing the said ship and the lading goods and merchandizes, concerning which he is now examined, but that he then belonged to a ship of Thomas Benson esq (who was also owner of the said Benson Galley), called New Key and fishing at Cape Saint Mary in Newfoundland aforesaid, was shortly after the takeing the same, sent for by the said Richard Vernam to Placentia aforesaid to take upon him the charge of the said ship Le Lion d'Or, in order to bring her to England, when and whereby the said deponent was first made acquainted with the capture of such ship and goods, and also deposed that the said ship Benson Galley was, and is, a private man of war belonging to the said Thomas Benson for the master and officers thereof acted as such under a commission from the High Court of Admiralty of England as this deponent hath heard and beleeves.

To the fourth interrogatory he deposeth and saith: that the said ship Le Lion d'Or and the goods and lading were so seized and taken as aforesaid upon pretence that a war was then declared between the Crowns of Great Britain and the French King, and saith: that the said ship and cargoe nor not yet condemned.

To the fifth interrogatory he deposeth and saith: that the said ship or vessell Le Lion d'Or at the time she was so taken was commanded by Jacquez Sorillon but who appointed him to be master of her, this deponent knows not, but saith: that he told this deponent that his place of habitation was Royan upon the river Seudre in France, and that he was a subject of the French King.

To the sixth interrogatory he deposeth and saith: that when the said ship was so taken and brought into Placentia, the number of the men belonging to her were twelve and no more. And that they were all French men. And more to this interrogatory the said deponent cannot deposeth.

To the seventh interrogatory he deposeth and saith: that the said ship Le Lion d'Or was French built of about seventy tons burden, and was never seen by him till she was brought into Placentia as aforesaid.

To the eighth interrogatory he deposeth and saith: that he knows nothing relating to the said ship or cargoe, or her outsett when she first began her voyage, but that when she was brought into Placentia, she had on board her about two thousand of codd fish, caught as this deponent beleeves on the Banks of Newfoundland, where she was fishing when taken as aforesaid, and some salt and other necessary provisions, and believes she was not upon any unlawfull trade.

To the ninth interrogatory he deposeth and saith: that the said Jacquez Sorillon informed him, this deponent, that the one quarter or fourth part of the said ship or vessel, at the time she was so taken as aforesaid, was his own private property, and that the other three fourths thereof belonged to a merchant of France, and a subject to the French King.

To the tenth interrogatory he deposeth and saith: that he knows of no Bill of Sale, nor of any matter or thing required by this interrogatory.

To the eleventh interrogatory this deponent saith: that he cannot depose anything of his own knowledge, but apprehends that the fish which were on board the said ship at the time of her being taken, were shortly then before caught and saved on the said Banks of Newfoundland, and that the salt & other provisions were taken on board her on her setting out from some port in France, or necessary for her intended voyage.

To the twelfth interrogatory he deposeth and saith: that he knows nothing of any Bills of Lading being signed for the goods and merchandizes on board that said ship for that he never saw, nor doth believe there were any such on board.

To the thirteenth interrogatory this deponent saith: that he cannot set forth any other matter or thing in answer hereto, than what is hereafter set forth in his answer to the sixteenth interrogatory.

To the fourteenth interrogatory he deposeth and saith: that he hath heard and believes the said ship was so taken as aforesaid in the latitude of forty four degrees on the Banks of Newfoundland about the time aforesaid.

To the fifteenth interrogatory this deponent cannot depose.

To the sixteenth interrogatory he deposeth and saith: that shortly after he, this deponent, arrived at Placentia in order to take the care of the said ship, Le Lion d’Or, in order to carry her to England as aforesaid, the said Richard Vernam (together with the said ship) delivered to him this deponent, the six several written and printed papers now delivered by this deponent unto and left with the commissioners acting in this behalf, severally marked on the back thereof with the numbers 1, 2, 3, 4, 5, 6, and which are all of them in the same pleight and condition as this deponent received the same, without any subtraction alteration or imbezzlement, and which are all the papers which the said Mr Vernam delivered to this deponent, as taken with the said ship, and saith that: on or about the twenty third day of September last, he this deponent in the said prize, sett sail at Placentia aforesaid for England, having on board with him the said Jacquez Sorillon and two other men belonging to the said prize, whose names this deponent cannot set forth, and thirteen English men. And arrived at Appledore within the port of Barnstaple on Wednesday last, being the twenty fourth day of this instant October with her fish and salt, where she now lyeth.

To the seventeenth interrogatory he deposeth: that he hath sustained no loss by the taking and seizing the ship, goods and merchandises, concerning which he is now examined, neither can he sett forth any other matter or thing to the s[ai]d interrogatory or either of them more than what he hath already set forth.

[signed] Thomas Hogg

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

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Court Paper 3

Jacquez Sorillon of Royan in the Province of Saintonge in the Kingdom of France, marriner, late master of the ship Le Lion d'Or, aged forty two years or thereabouts, being sworn and examined (by the interpretation of Peter Bird of Barnstaple in the county of Devon, cordwainer), deposeth and saith:

To the first interrogatory he deposeth and saith: that he was born in Royan aforesaid, where he hath lived ever since, and doth now live with his wife and family, and is a subject to the French King.

To the second interrogatory be deposeth and saith: that the ship and lading goods and merchandizes, concerning which he is now examined, was taken and seized on the thirteenth day of August last past new stile, by Richard Vernam, captain of the Benson Galley on the Banks of Newfoundland, who about twelve days afterwards carried the said ship, Le Lion d'Or, into Placentia in Newfoundland, and from whence, after a few days stay, he was sent in the said ship (together with two other of his hands) to England, under the command of Thomas Hogg, by the said Captain Vernam, and arrived at Appledore within the port of Barnstaple on Thursday last, with the fish on board her when taken, and some salt, and also deposed that there was no resistance made, or any guns fired against the ship or persons who seized and took the same.

To the third interrogatory he deposeth and saith: that he being master of the said ship Le Lion d'Or, was present at the time of the taking and seizing her and her lading goods and merchandizes, concerning which he is now examined. And that she was taken by a private man of war belonging to Thomas Benson esq, called the Benson Galley, which had a commission to act as such from the Court of Admiralty of England, as he apprehends and believes.
 
To the fourth interrogatory he deposeth and saith: that the said ship and lading was so seized and taken upon pretence that war was begun between the Crowns of England and France, and that the same was brough into Placentia, and from thence to Appledore as aforesaid, but that he doth not know whither she is as yet condemned or not.

To the fifth interrogatory be deposeth and saith that he, this deponent, being part owner of the said ship or vessel by the consent of the other owners, because master, and took possession of her shortly after she was built at Riberon in the river Seudre in France aforesaid, which was about eight years since, and saith: that the names of the two other part owners of the said ship are Jaque Pain of Sablanseau [Sablonceaux] and one Poitevin of Au Gats [????] in France, merchants who are both subjects to the French King.

To the sixth interrogatory he deposeth and saith: that the marriners which belonged to the said ship or vessel at the time she was taken and seized, were twelve in number including him this deponent, all Frenchmen, who all came on board the said ship at Seudre af[oresai]d, and saith: that one sixth part of the said ship and lading belonged to him this deponent, and that one moyety thereof belonged to the said Pain and the remaining third part thereof, to the said Poitevin, and that none other of the officers or company of marriners belonging to the said ship, had any part share or interest therein, or her lading, or in any of the goods, concerning which he is now examined. And saith: that the lading salt and provisions which were on board the said ship at the time she was so taken, were (as bear as this deponent can estimate the same) of the value of twelve thousand livers [livres].

To the seventh interrogatory he deposeth and saith: that he hath been master of the said ship ever since she was built as aforesaid, and that she is of about seventy tons burden, and built at Riberon aforesaid, and that she was always called by the name of Le Lion d'Or, and by no other name.

To the eighth interrogatory he deposeth and saith: that the said ship, when she sett saile from Seudre aforesaid, was intended to make a fishing voyage on the Banks of Newfoundland, and from thence to return with such fish as she should take to Seudre aforesaid where the voyage was to have ended. And saith: that accordingly on or about the fourteenth day of May last (new stile) he sailed from Seudre aforesaid in the said ship (then haveing on board her, fifty mais of salt, besides wine and other provisions necessary for the said intended voyage) directly for the Banks of Newfoundland where she was fishing at the time she was taken. And saith: that at the time she was so taken her lading consisting of about two thousand of codd fish, which they had taken on the said Banks, and of the salt and provisions that were left and saith that he was then upon a lawfull trade and had no prohibited goods on board her.

To the ninth interrogatory he deposeth and saith: that the owners of the said ship or vessel, concerning which he is now examined, were him this deponent the said Pain and Poitevin by the said severall shares and proportions as aforesaid and no other person, and more to this interrogatory cannot depose.

To the tenth interrogatory he deposeth and saith: that there was no such thing as any Bills of Sale for the said ship, nor doth he know that it is usuall or customary in France for the merchants or owners of ships to have any stich(?).

To the eleventh interrogatory he deopeth and saith: that the salt and provisions on board the said ship at the time she was taken, was put on board her at Seudre aforesaid, and that the fish then on board here were caught and taken by her crew on the said Banks of Newfoundland, where she was taken at the time aforesaid.

To the twelfth interrogatory he deposeth and saith: that there were no Bills of Lading for the goods on board the said ship for that there was no goods on board the said ship but salt and provisions when she first sett out.

To the thirteenth interrogatory he deposeth and saith: that the six severall papers printed and written now produced to this deponent by the commissioners acting in this behalfe severally marked on the back with the figures 1, 2, 3, 4, 5, 6, are all the papers or instruments which were on board the said ship at the time she was taken to prove the property of the said ship, and which this depon[en]t delivered up to the said Captain Vernam when he took the said ship and that he hath not seen them since, till the time of this his examination, but saith: that the said papers are now in the same plight and condition as they were at the time he so delivered them to the said Captain Vernam without any alteration.

To the fourteenth interrogatory he deposeth and saith: that the ship and goods, concerning which he in now examined, was taken and seized on the said thirteenth day of August last, on the Banks of Newfoundland in the Latitude of forty five degrees and forty minnitts.

To the fifteenth interrogatory he deposeth and saith: that there was no charter party signed for the said intended voyage between him, this deponent, and the other part owners, but that there was a paper on board the said ship importing a letter of creditt, and an order to some correspondents at Dieppe, and other ports in France to supply this depon[en]t with what he should want and to ransome the ship if taken, but saith: that such paper was by accident left in the said voyage(?), and what became thereof this depon[en]t knows not.

To the sixteenth interrogatory he deposeth and saith: that he cannot set forth any other matter or thing hereto other than what he hath already deposed.

To the seventeenth interrogatory he deposeth and saith: that he hath sustained damage by the takeing and seizing the said ship and the goods and merchandize, concerning which he is now examined, on this depon[en]ts own private account to the amount of one thousand crowns he this depon[en]t in such callcuation computeing aswell what his share of the salt and provisions on board the said ship at the time she was taken as also of the said ship herselfe and what the neat produce of the fish would have been had she proceeded to a market in France to have made the best of the same, and saith: that he hath not received nor doth he expect to receive any sattisfaction for such loss and more saith nott.
[signed] Jacque Sorillon, Peter Bird.

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

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Court paper 4

Pierre Fore of Chaillvette [Chaillevette] in the Province of Saint Tonge [Saintonge] in the Kingdom of France, marriner (lately belonging to the ship Le Lion d'Or), aged forty three years or thereabouts, being sworn and examined (by the interpretation of Peter Bird of Barnstaple in the County of Devon, cordwinder), deposeth and saith:

To the first interrogatory he deposeth and saith: that he was born at Vand in the said Province of Saint Tonge, but that he hath lived in Chaillvette aforesaid for thirty years last past, and doth now live there with his wife and family, and that he is a subject to the French King.

To the second interrogatory he deposeth and saith: that the ship and lading goods and merchandizes, concerning which he is now examined, was taken and seized on the thirteenth day of August last past (new stile), on the Banks of Newfoundland, by Richard Vernam, captain of the Benson Gally, who some days afterwards ordered her into Placentia in Newfoundland aforesaid, from whence after some days stay, he this deponent was sent in the said ship Le Lion d'Or together with the master and one other of the hands belonging to her, to England under the command of an English captain (but his name, this deponent knows not) who was appointed for that purpose by the said Captain Vernam. And also deposeth: that they arrived at Appledore on Thursday last with the fish and salt that was on board her when taken. And that there was no resistance made or guns fired against the ship or persons who seized and took the same.

To the third interrogatory he deposeth and saith: that he was boatswain of the said ship was present at the time of the taking and seizing of her and her lading goods and merchandizes, concerning which he is now examined, and that she was taken by a private man of war, but to where such private man of war belonged, this depon[en]t knows now, and saith: that be believed she had a commission to act on such private man of war, but from or by whome, he knows not.

To the fourth interrogatory he deposeth and saith: that the said ship and lading was so seized and taken upon pretence that there was a war between the Crowns of England & France, and that the same were brought into Placentia and from thence to Appledore as aforesaid. And that he doth not know whither she is as yet condemned or not.

To the fifth interrogatory he deposeth and saith: that the name of the master of the said ship or vessel, concerning which he is now examined, is Jacquez Sorillon, who was so at the time she was so taken and seized, and that he this depon[en]t hath known him for the space of four years. And that he the said Jacquez Sorillon (as being part owner of the said ship, by the consent of Jaque Pain and one Poitevin, merchants of France, and subjects to the French King) took the poss[ess]ion of her at Riberon in the River Seudre, and that the said masters fixed place of habitation with his wife and family, is at Royan in the Province of Saintonge aforesaid, where he hath lived ever since he knew him, and that the said master is a subject of the French King.

To the sixth interrogatory he deposeth and saith: that the marriners belonging to the said ship or vessel at the time she was so taken and seized, were twelve in number including him this depon[en]t, all Frenchmen and subjects to the French King, who also came on board the said ship at Soudre aforesaid and saith: that he apprehended and beleves a sixth part of the said ship or vessel and her lading belonged to the said Jacquez Sorillon the master. And that the other parts thereof belonged to the said Pain and Poitevin, and that no other part of the said ship or vessel or her lading or goods (concerning which he is now examined) belonged to any other of the officers or marriners of the said ship or vessel, and saith: that the lading salt and provisions which were on board the said ship at the time she was taken, were in his judgment worth twelve thousand livers [livres].

To the seventh interrogatory he deposeth and saith: that he was boatswain of, and on board the said ship at the time she was so taken and seized, and that he hath known her for about four years last past, and that he first saw her at Chaillvette af[oresai]d, that she is of about seventy tons burden and French built, and that he never knew her called by any other name, but that of Le Lion d'Or.

To the eighth interrogatory he deposeth and saith: that she was bound from Seudre aforesaid to the Banks of Newfoundland, there to make a fishing voyage, and from thence to return to Seudre aforesaid, but saith that: whilst she was fishing on the said Banks, she was taken and seized by the said Captain Vernam as aforesaid, who carryed her into Placentia. And saith: that at the time of her setting out for the said voyage, her lading was salt and provisions. And saith: at the time she was taken, she had on board, besides what was left of her salt and provisions, about two thousand codd fish which were caught on the said Banks, and that she was upon a lawfull trade and had no prohibitted goods on board her.

To the ninth interrogatory he deposeth and saith: that he knows the said Jacquez Sorillon, and the said Pain and Poitevin were owners of the said ship at the time she was taken, for that they were present often times and directed the victualling & fitting out of her before her departure from Seudre afores[ai]d.

To the tenth interrogatory he deposeth and saith: that he knows nothing of any Bill of Sale made to the owners of the said ship.

To the eleventh interrogatory he deposeth and saith: that the salt and provisions on board the said ship at the time she was taken, was put on board her at Seudre aforesaid, and that the fish then on board her, were caught and taken by her crew on the said Banks of Newfoundland, where she was taken at the time aforesaid.

To the twelfth interrogatory he deposeth and saith: that he doth not know of any Bills of Lading for the said ship.

To the thirteenth interrogatory he deposeth and saith: that he doth not know of any Bills of Lading, invoices, charter partys, letters, or any instruments in writing or papers to prove the property of the said ship or goods, concerning which he is now examined, or of any other import which were on board the said ship at the time she was so taken.

To the fourteenth interrogatory he deposeth and saith: that he doth now know in what lattitude the said ship and goods were taken, but that she was taken on the Banks of Newfoundland, by the said Captain Vernam as aforesaid.

To the fifteenth interrogatory this deponent cannot depose other than what he hath already set forth.

To the sixteenth interrogatory this deponent cannot depose other than what he hath already set forth.

To the seventeenth interrogatory he deposeth and saith: that by reason of the said ships being taken as aforesaid, he left his cloathes and the proffitt of his voyage which this deponent apprehends would have amounted to about four hundred livers, had the voyage succeeded for which he hath not received, nor doth he expect to receive any sattisfaction whatsoever.
The mark of Pierre Fore, [signed] Peter Bird.

On the twenty ninth day of October 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 whom these presents do or shall concern, that the before named Thomas Hogg, Jacquez Sorillon & Pierre Fore were by virtue of the commission hereinbefore mentioned, in my presence produced & brought before and secretly and seperately sworn, examined & interrogated by Henry Beavis gentleman, one of the commissioners 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 writing by me John Drake, notary publick, substituted and appointed for that purpose, by the Deputy Register of the High Court of Admiralty of England in the said commission named.

And in regard that two of the said witnesses are Frenchmen and do not understand the English language, Peter Bird of Barnstaple in the county of Devon, cordwainer (being a person of good fame and conversant in, and well acquainted with, both the said languages) was sworn for our Sovereigne Lord the King truly and faithfully to interpret the sayings and depositions of the said two witnesses.

And such the sayings and depositions of all the before named witnesses so reduced into writing, are to these presents annexed, in order to be transmitted to the Judge of the said Court of Admiralty, or his surrogate, as the said commission requires.

All which I do hereby certify under my hand and notarial seal at Barnstaple aforesaid, on the third day of November, one thousand seven hundred and forty four [1744].

[signed] John Drake, notary publick.

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Court Paper 6

First of December 1744

In the Admiralty.
Le Lion d'Or, Jacques Sorillon master.

Richard Vernam, commander of the private ship of war called the Benson Galley, against the said ship called Le Lion d'Or, and her tackle, apparel and furniture, and the goods therein taken and seized by the said private ship of war the Benson Galley, and brought to Appledore within the port of Barnstaple in special and against all persons having or pretending to have any right, title or interest in the said ship Le Lion d'Or, and the goods therein taken and seized in general.

On which day, Sayer - 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 proponent 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 the Benson Galley as a private ship of war, and to sett upon by force of arms and subdue and take the ships of war and other vessels whatsoever, as also the goods, wares, merchandizes, monies and effects belonging to the said French King, or to his vassals, subjects or others living, residing or inhabiting within any of his Countrys, 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 proponent doth refer, may and doth more fully and at large appear, and this was and is true, publick and notorious, and the party proponent doth alledge and propound as above.

Thirdly:
That the said ship Le Lion d’Or (whereof the said Jacques Sorillon 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 merchandises of the growth and manufacture 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 Appledore within the port of Barnstaple, and the party proponent doth alledge and propound as before.

Fourthly:
That the said ship and goods were and are the ship and goods of or belonging to the French King or his subjects, vassels or others living, residing or inhabiting within his Countries, Territories or Dominions, enemies of the Crown of Great Britain and as such ought to be confiscated, condemned and adjudged for good and lawful prize, and the party proponent doth alledge and propound as 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 Lion d’Or, and her tackle, apparell 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 condemn[e]d 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] Rob[er]t Dale.

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Court Paper 7

Thomas Hogg of Northam in the county of Devon, marriner, master of the ship Le Lion d’Or, maketh oath that sometime in the month of September last, Richard Vernam, captain of the Benson galley, a private man of war, appointed this depon[en]t master of the said ship Le Lion d’Or, being a French ship which the said Richard Vernam had taken and made prize off the Banks of Newfoundland, and had brought into Placentia there, where this depon[en]t took the charge of her in order to bring her to England. And saith: that the said Richard Vernam then and there delivered to this depon[en]t six several printed and written papers hereunto annexed, severally marked on the back thereof with the numbers 1, 2, 3, 4, 5, 6, telling him that they were all the papers found on board the said ship Le Lion d’Or, and saith: that the same papers are all in the same plight and condition as they were when he so received the same from the said Captain Vernam, without any fraud, addition, substitution or imbezilement.
Sworn at Barnstaple in the county of Devon the twenty ninth day of October 1744, before Henry Beavis, commissioner.

[signed] Thomas Hogg.
In the presence of John Drake, notary publick.

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Court Paper 8 (a list of the French ship’s papers)

On wrapper:
Le Lion d'Or
Jacques Perillon m[aster].
Three E[xaminat]ions taken at Barnstaple with six papers annexed bid. in by Zouch for Sayer.
12th Nov[embe]r 1744

Translated from the papers taken on board the ship Le Lion d'Or.

No.1
Roll of equipage [Crew list] of the ship Le Lion d'Or of Chaillevette of the burthen of seventy tons, belonging to Mr Pain, fitted out at Marennes, under the command of James Souillon, to go to the Banks of Newfoundland with a crew of twelve persons, the certificate permit and receipts all dated at Marennes the thirty first of March 1744.

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

No.2
A receipt dated at Marennes the fourth of April 1744, for thirty one sols paid by James Sorillon, master of the ship Le Lion d'Or of Seudre, for the duty payable to the Light House called Le Feu des Baleines.

N.B. The original document is included, with a reference SP6, and consists of a small printed sheet, partly completed by hand. See below for further details.

No.3
A clearance from the Customs House at Marennes dated the first of April 1744, for forty eight muids, ten bushels of salt shipped on board the ship Le Lion d'Or of Seudres bound for Newfoundland.

N.B. The original document is included, with a reference SP5, and consists of a small printed sheet, filled in on both sides.

No.4
A receipt dated the tenth of March 1742 [1744 crossed out] for one livre eleven sols for the duty to the lighthouse called Feu des Baleines.

N.B. The original document is included, with a reference SP4, and consists of a small printed sheet, filled in on both sides, the same as SP6, but dated 10th March 1742.

No.5
Pass, No.1163. For French ships.
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 James Sorillon, master of the French ship of Seudre called Le Lion d'Or of the burthen of sixty two tons or thereabouts, being at the port and harbour of Seudre, to go to the port and harbour of New England laden with forty eight muids and ten bushells of salt, after the said ship and her lading shall have been well and duly searched with a charge to conform himself to the ordinance and regulations of his Majesty under the penalties therein laid.

In witness whereof, we have signed these presents & have thereunto caused the seal of our arms to be put and to be countersigned by the Secretary General of the Marine.
[signed] L.J.M. de Bourbon.

Delivered at Marennes <SEAL> the 4th of April 1744, by his most serene Highness, Romien.
Registered in the registry of the Admiralty of Saint Ouge, settled at Marennes the fourth of April 1744.

N.B. The original document is included, with a reference SP3, and consists of a single sheet, filled in on both sides, and translated largely as per the above description.

No.6
Is a list of the drugs and medicines in a sen[ior] Captain's chest.

N.B. The original document is included, with a reference SP2, and consists of 4 large handwritten pages, closely scripted in French, giving detailed descriptions of the 32 different categories of medicines in this inventory. Probably fascinating, but would need someone skilled in 18th century medicine to transcribe and translate this.

[All the above] Faithfully translated from the French at London this thirteenth day of November 1744, by me: Edw[ar]d Rushworth, notary publick.

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

Details of SP1 are as follows:

Role de l'equipage du Navire Le Lion d'Or de Chaillevette du port de 70 tonneaux, armé d ~ canons, perce pour tirant d'eau chargé 8 pieds 1/2 & non charge 5 pieds 2 pont Gaillard apartenant aus pain armé à la part a Marenne fous me commandement de Jacques Sorillon par été payé pour aller sur le bar de terre neuve.

Then there are printed columns to be filled in, headed:
Noms, Surnoms, Demeures & Qualitez
Age, Taille & Poil
Qualitez & solde au service du Roi
Classe & Folio
Doivent par mois a la part

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

Off[ic]iers Marinieure (Navy Officers)
Jacques Sorillon, de Royan m[aitre], aged 40
Pierre Deraux, de l'argretin, pilotte, aged 24
Pierre Fore, de Breuilles, aged 43

Matelotes (sailors)
Michel Roy, des argretin, aged 53
Jean Richard, de breuilles, aged 44
Isaac Lortie, d'arellez, aged 42
Jacques Dore', de notre dame de l J.V., aged 50
Pierre Borsenque, de Chaillevette, aged 25

Mousses (apprentices, or cabin boys)
Pierre Cuvaudau, de sorvin, aged 16
Jean Coudrei, de Nanc, aged 17
Francois Bernard, de Chaillevette, aged 15
Jean Chasin, de breuilles, aged 20
Daniel Luneau, de lisle, aged 42, joined 24 April to replace Jean Richard.

Details of SP2 are as follows:

Feu des Balines
No. Annee 1744
J'ay recu de Jacques Sorillon, maitre de batiment francois, nomme le Lion d'Or de Seudre du port de soixante-deux tonneau etant dans le Port & Havre de Seudre venant de Terre Neuve la somme de trente et un sol pourle droit de six deniers par Tonneau, du port de son Batiment ordonne etre leve par Arret de Conseil de 7.Juin.1738, pour etre employe tant a l'entretien des feux de la tour de Baleines en lisle de Ré, qu'aux reparation de ladite Tour, & aux depenses quila concernent.
Fait a Marennes le 4.Avril.1744.

Which translates roughly as:

Received from Jacques Sorillon, French owner of the ship Lion d'Or of Seudre, 62 tons,  in the port & harbour of Seudre coming from Newfoundland, the sum of 31 sols, for the rate of 6 deniers (a denier was a 240th of a livre) per barrel, from the port of its construction ordered to be raised by Order of the Council of 7th June 1738, to be used both for the maintenance of the lights of the Tower de Baleines in the Isle of Ré, and for the repairs of the said Tower, & to its the expenses.
Made at Marennes on 4th April 1744.

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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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