Flowers v. Sloop Pastora Schooner Delores Amminas & Furniture

1 Rec. V.A. Ct. (R.I.) 166
CourtRhode Island Vice Admiralty Court
DecidedSeptember 20, 1742
StatusPublished

This text of 1 Rec. V.A. Ct. (R.I.) 166 (Flowers v. Sloop Pastora Schooner Delores Amminas & Furniture) is published on Counsel Stack Legal Research, covering Rhode Island Vice Admiralty Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Flowers v. Sloop Pastora Schooner Delores Amminas & Furniture, 1 Rec. V.A. Ct. (R.I.) 166 (R.I. Super. Ct. 1742).

Opinion

The Court being Opened According to adjournment The Libel read

[Minute Book, 1740-1743]

Robert Flowers Commander of the Sloop Boneto a Private Man of War, On Oath declared

<2« 1. Did you meet the Spanish Fleet returning from Georgia, when and where who was joyned in Company with you

Ansr Yes On the 19th day of last August we met several of the Spanish Fleet, off the Marteers (?) near Cape Florida I having sometime before Consorted with the Privateer Young Eagle Commanded by Cap* Rouse and the Privateer the Mary Commanded by William Wilkinson- and agreed that the Owners of the sa three Vessels shoud have One third part of all the Prizes and [167]*167Spoils that they shoud take to be divided in equal thirds between the Owners of the Several Vessels and that the other two thirds parts shoud be divided between the Commanders officers and Men belonging to the several Vessels according to their respective Agreements a few days before our meeting with the Spanish Fleet Cap4 Wilkinson in the Night Casually parted from my Sloop and from the Young Eagle Cap4 Rouse was with me when we met with the Spanish Fleet

Qn 2. How many Sail did you meet with, how did they bare what did you proceed to do with them and how did they behave

Ansr We first met with eight Sail of Sloops and Schooners bearing about Nn411 West from us Whereupon I and Cap4 Rouse gave them Chase and pursued ’em about eight Hours when Night came on, We had by this time Em-bayed four of ’em in a Bay on Florida Shore we came to Anchor and next Morning came to Sail and found two of em a ground a Sloop and a Schooner we fired several Shot at them which they return’d and after exchanging some Shot they struck As we came upon ’em I se several of their People jump out of their Vessel into the Sea and Swim a Shoar and I saw one of their Boats go on Shoar twice full of Men whom they carried on Shoar Soon after their Striking Cap4 Rouse sent his Boat on Board ’em and my Boat with my Lieu4 soon followed and not long after this Cap4 Rouse and I went on Board and found the Sloop Armed with Six Carriage Guns and Six or eight Swivels and small Arms for about fifty or Sixty Men with some Cutlasses and Pistols the Cap4 had forsaken her we found some Spaniards Aft on Board, We found the Schooner Armed with One or two Swivel Guns and considerable Number of Muskets Pistols Cutlasses and we found remaining on Board her about twenty or thirty Officers Soldiers and Seamen, the other Two Spanish Vessels being small got into Shoal Water where we could not follow em they lay there picking up the Spaniards that got on Shore I fired some Six Pounders at ’em which reached One of ’em whereupon he weighed Anchor and got further in among the Shoals and so they escaped, the other four whom we Chased and before Morning got so far into Shoal Water that we could not pursue ’em so they escaped, While we were on board of the Spanish Sloop or Schooner which we had run aground and taken I saw a.Sloop under Sail about two Leagues distance which I took to be one of the Spanish Fleet whereupon I went on Board my own Sloop came to Sail leaving Cap4 Rouse to take Care of the Prizes we had taken I stood for the Sloop which I saw under Sail and having learnt from one of the Spanish Officers taken on Board one of the Prizes beforementioned and whom I had with me the Signals of the Spanish Fleet I showed him the proper Signal upon which he answered me and stood for me until he came almost within Gun Shot when he discovered I was not one of their Fleet whereupon he made all the Sail he could from me, having his Spanish Colours hoisted, I pursued him and in ab4 two Hours time came up with him and kept firing my Bow Chase Guns [168]*168at him until I came along side of him then I fired two Broadsides at him upon which he struck, I ordered the Cap* to come on Board me which he accordingly did I asked him what his Vessel was he sayd she was one of the Fleet fitted out of the Havannah to take Georgia I asked him for his Commission wcl* he Answered he had a Privateer Commission wch was on board, there came with him another Person I asked him who he was he answered that he was Cap* of a Company of Soldiers then on board the Number whereof was thirty eight according to the best of my remembrance I enquired of ’em where the rest of their Fleet was and their Answer was that some was already come out and some coming after soon after this Vessel had struck to me Cap* Rouse came up with the two other Prizes and having Consulted together we agreed to Stand in Shoar and come to An Anchor the Night coming on we accordingly stood in Shoar and came to an Anchor and lay there until the Morning when considering we had not Provisions and Water for ourselves and the prisoners we had taken sufficient to carry us all to an English Port we determined to give the Spaniards the Sloop last taken being the Worst of the three Prizes for them to go home in we accordingly put all the Spaniards taken in that Sloop with a few others on Board her except the officers whom we brought away with us and left them all the provisions they had when taken while this was doing We saw five Sail more bearing about East North East and standing towards us Upon sight of ’em we hoisted Spanish Colours and they for sometime made towards us we continued to at an Anchor expecting they would come to us I was then taking the Warlike Stores out of the Sloop given to the Spaniards and before we had dispatched them the foremost of the five Sail past us to the Westward at about a league’s distance upon which Cap* Rouse came to Sail and stood after the four Sail to the Eastward and I continued at an Anchor with the Prizes we had taken, it then blowing very hard Cap* Rouse gave the four Sail Chase for Several Hours and Chased ’em in near the Land and then returnd and say’d he had drove three of ’em upon the Riefs and the fourth into such Shoal Water he could not with safety follow ’em The next Morning we let the Spaniards go in the Privateer Sloop which We had given them for that purpose having first taken out of her Six Swivell Guns two Brass Cohorns three Casks of Gunpowder two Cases of powder Flaskes a parcell of Muskets two and forty of which were brought on board of me and some others were carryed on Board of the Privateer Prize Sloop but how many I know not a large Number of Cutlasses and Catouch Boxes Several Pair of Pistols, about forty Soldiers Coats and a parcall of Bayonets, the Carriage Guns that had belonged to this Sloop the Cap* threw over board during the Chase as he told me when I took him Then we weighed Anchor and came off the place where Lay the four Vessels which Cap* Rouse Chased the day before three of whom he say’d he had run upon the Riefs the fourth coming to an Anchor and we found three of them upon the Riefs fast as we judged laying with their [169]*169broadsides towards us the Wind blowing very hard and the other riding at an Anchor with her Stern towards those that was upon the Riefs if possible we Intended to have taken or utterly Destroyed these four Vessels but the Wind blew so very hard and they Lay in such a dangerous place that we could not go in with our Vessels nor send our Boats in order to Destroy them wherefore we Left ’em in the circumstances beforementioned and Came directly for this place.

Qn 4. Have you delivered into Court all the papers that you found or recovered out of these Vessells Without any fraud addition Subduction or Embezelment

Ansr Yes. Rob* Flower

John Rouse Commander of the Bilander called the Young Eagle a Private Man of War On Oath etc.

Qn 1.

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Bluebook (online)
1 Rec. V.A. Ct. (R.I.) 166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/flowers-v-sloop-pastora-schooner-delores-amminas-furniture-riviceadmct-1742.