was a shrewd, cunning fellow,
so says Secretary William Stephens in his journal; _Col. Rec. Ga._,
IV. 64, 247, 309. Oglethorpe commissioned him as a privateer, in 1739,
but later arrested him for sending two Spanish prisoners in to St.
Augustine; _ibid._, IV. 422, 467, 483, 511, 623, and Harris,
_Oglethorpe_, p. 215. Egmont mentions him as "Captain Davies, of
suspected character"; _Col. Rec. Ga._, V. 139. In the next war he was
a very successful privateer; _ibid._, XXV. 42, 251. In 1751 and 1752
he commanded Oglethorpe's principal vessel of war; _Acts of the Privy
Council, Colonial_, IV. 128, 130, 170, 287, VI. 322.]

[Footnote 3: Pedereros, small pieces of ordnance used for throwing
stones, etc.]

[Footnote 4: Machetes.]

[Footnote 5: Error for stayed.]

[Footnote 6: Error for 1757.]

[Footnote 7: Don Francisco Cagigal de la Vega, captain-general of
Cuba; see doc. no. 189.]

[Footnote 8: Governor of New York from Sept., 1755, to June, 1757.]

[Footnote 9: Printed in _N.C. Col. Rec._, V. 756.]

[Footnote 10: _Calendar of Council Minutes_, p. 434.]

[Footnote 11: See doc. no. 185.]

[Footnote 12: Doc. no. 186.]

For That, by the Claim it appears that his said Majesty the King of
Great Britain ought not to recover the Money, Goods and Effects in the
Claim mentioned, they being expressly therein declared to be the
Property of a Spanish Subject, and not the Property of his said
Majesty the King of Great Britain, And for that his said Majesty ought
not by Law to sue for himself and a Subject in that Suit, And for
[that] a Decree in that Suit would be no Barr to a new Suit brought in
the Name of his Majesty on the Stipulation for the good Behaviour of
the said Richard Haddon, And for that by Law no Subject is to answer
to the King, for an Injury done to another Subject, but by a Criminal
Prosecution, And for that a Decree upon that Claim would be no Barr
to, nor could it prevent the said Philip Y: Banes from filing his
Claim in his own Name, And for that divers Persons are made Parties to
that Claim that ought not to be joined together, as by the said
Demurrer filed with the Register of this Court to which the said
Philip doth refer may more at large appear. And the said Philip
further sheweth that he hath not hitherto obtained any recompense or
satisfaction for the Injury aforesaid.

Wherefore he the said Philip for the Reasons aforesaid and for the
several Matters and Causes offered and insisted on in this h