ral writs being issued out against him, he
quitted the service in the man-of-war, and went immediately in a
merchantman to Newfoundland. There by agreement he was discharged from
the ship and entered himself for eighteen pounds _per annum_ into the
service of a planter in that country in order to serve him in fishing
and furring, the chief trade of that place; for Newfoundland abounding
with excellent harbours, there is no country in the world which affords
so large and so plentiful a fishery as this does. However its climate
renders it less desirable, it being extremely hot in the summer and as
intensely cold in the winter, when the wild beasts roam about in great
numbers, and furnish thereby an opportunity to the inhabitants of
gaining considerably by falling them, and selling their furs.

Upton having served his year out was discharged from his master, and
going to New England, he there, in the month of July, 1725, shipped
himself on board the _Perry_ merchantman bound for Barbadoes. The ship
was livred and loaded again, the captain designing them to sail for
England, whereupon Upton desired leave to go on board his Majesty's ship
_Lynn_, Captain Cooper. But Captain King absolutely refusing to
discharge him in order thereto, on the ninth of November, 1725, he
sailed in the aforesaid vessel for England.

On the twelfth of the same month, off Dominica, they were attacked by a
pirate sloop called the _Night Rambler_, under the command of one
Cooper. The pirate immediately ordered the captain of the _Perry_ galley
to come on board his ship, which he and four of his men did, and the
pirate immediately sent some of his crew on board the _Perry_ galley,
who effectually made themselves masters thereof, and as Upton said, used
him and the rest of the persons they found on board with great
inhumanity and baseness, a thing very common amongst those wretches.
Upton also insisted that as to himself, one of the pirate's crew ran up
to him as soon as they came on board and with a cutlass in his hand,
said with an oath, _You old son of a bitch, I know you and you shall go
along with us or I'll cut out your liver_, and thereupon fell to beating
him fore and aft the deck with his cutlass.

The same evening he was carried on board the pirate sloop, where,
according to his journal, three of the pirates attacked him; one with a
pistol levelled at his forehead demanded whether he would sign their
articles, another with a pistol at his r