JOHN WOODBRIDGE.

[Footnote 2: Were.]

_171. Protest of Sailors. August 13, 1744._[1]

[Footnote 1: _Ibid._, pp. 249-251. As to protests, see doc. no. 136,
note.]

On the Thirteenth day of August Ao. Dom: 1744, And in the Eighteenth
Year of His Majestys Reign Before me Benjamin Pollard[2] Notary and
Tabellion Publick by Royal Authority duly Admitted and sworn dwelling
and practising in Boston in New England Personally Appeared the
several persons whose Names are hereunto Subscribed Sailors belonging
to the Brigantine named the _Hawk_ Called a private Man of Warr
Mounting 12 Carriage and 20 Swivel Guns and Carrying 138 Men Commanded
by Samuel Waterhouse now lying the Harbour of Cape Ann Who Severally
Declared as follows. And First these Appearers say that the said Saml.
Waterhouse in a late Cruize against the French and Spaniards Suffered
a Small French Privateer whose force did not Exceed one third of the
said _Hawk_ and which it was in his Power to have taken without risque
of his Vessell and Company, to escape after firing a few guns, by
Voluntarily Parting from him with a Salute of Three Chears; And on the
Twenty Ninth day of July last the sd. Brigt _Hawk_ being in Consort
with the Sloop _Elizabeth_ a Private Man of Warr belonging to New-York
of About 10 Carriage and 12 Swivel Guns and about 55 Men Commanded by
Thomas Barns about Twelve o'Clock of that day descry'd a ship Standing
to the Westward, the _Hawk_ then Standing to the Eastward upon which
Capt. Waterhouse bore away to the sd. sloop to Consult with Capt.
Barns (who was then to Leward) About Engaging sd. Ship, and Capt.
Barns ask'd what they Made of her, Waterhouse sd. he believed her to
be a 40 Gun Ship, to which Barns answered, if she was an 80 Gun Ship
he would See her, and then they Stood for her, the ship Still keeping
her Course And About an hour before Sun Sett that day gott within
About Three Quarters of a Mile of her, when the _Hawk_ hoisted English
Colours and fired a Nine Pound Shot at her, and the ship hoisted a
French Jack on her Ensign Staff and returned a shot, which fell Short
of the _Hawk_ and after the _Hawk_ had fired About 10 Guns and the
Ship about 17 Guns, Waterhouse Commanded his Company to desist from
firing and to bare away as fast as Possible, and Capt. Barns (who then
lay to Windward by order of sd. Waterhouse) very Much Blamed
Waterhouse's Conduct in leaving her and said that he (Barns) Intended
to have got under her Stern a