768.15. 3-1/2

[Footnote 6: I do not know the source of this increment. The
calculations below show that, at this time, Freebody owned 11/16 and
Norton 5/16 of the _Revenge_.]

_160. Agreement: The Revenge and the Success. November 10, 1744._[1]

[Footnote 1: Massachusetts Historical Society. This, it will be seen,
was Freebody and Norton's copy of the agreement. With the aid of
documents found elsewhere, the history of the _Success_ can be pieced
out. Among the records of the vice-admiralty court at Boston there is
a thin book of "Accounts of Sales", which begins with accounts of
sales of the _Success_ and her cargo, July 22-Oct. 7, 1743, from which
it appears that she was a British vessel, recaptured from the enemy by
the privateer bilander _Young Eagle_, John Rous commander, the same
privateer that brought in the _Amsterdam Post_, with its former
lieutenant now commander (doc. no. 128, note 9). Then, in the Rhode
Island archives, "Admiralty Papers, 1726-1745", pp. 63-82, we have the
libel and other papers in the case of James Allen of the _Revenge_ and
Peter Marshall of the _Success_ against the _Willem_ galley (see doc.
no. 161), which shows one of the successes of this joint cruise to
have been that, on Mar. 16, 1745, in the Old Bahama Straits, the two
associates took the ship _Willem_, sailing under Spanish colors and
under the command of Cosme Zeggrayne (Zegarain), but which originally
was a Dutch ship, commanded by Pieter Couwenhoven.]

Memorandum of Agreement indented made and concluded upon the Tenth Day
of November in the Eighteenth year of the Reign of our Sovereign Lord
George the Second, King of Great Britain etc., Annoq. Dm. One thousand
Seven hundred and Forty Four, Between John Freebody and Benjamin
Norton, both of Newport in the County of Newport in the Colony of
Rhode Island, etc., Merchants, Owners of the private Man of War Sloop
_Revenge_, whereof James Allen is Commander, of the one part, and
William Read, Jonathan Nicholls and William Corey, all of Newport
aforesd., Merchants, and Robert Hazzard of Point Judith in South
Kingstown in the County of Kings County in the Colony aforesaid,
Yeoman, Owners of the private Man of War Sloop _Success_, whereof
Peter Marshall is Commander, the other part, Witnesseth, That the
Owners of the said Sloop _Revenge_ and the Owners of the said Sloop
_Success_ do hereby Mutually Covenant, promise and Agree that the said
Two Sloops or Vessels, Captains, offi