1 that one of the aforefaid boats or launches fired fome fmall arms, and the fmalleft of the faid two armed veffels fired three guns at a fmall floop or veffel called the Polly, owned by British fubjects, refident on the Mufquito fhore aforesaid, then commanded by John Cóffil, and which faid laft abovementioned fmall veffel, ran very close in a long fhore, and escaped to the weftward, with a fignal of diftrefs, while the aforefaid armed veffels were employing their aforefaid boats or launches to take the faid veffel called the Morning Star, and on board of which faid veffel, the Morning Star, there were fix British fubjects, and one Swede, at the time of her illegal capture as aforefaid; to wit, the mate and fix feamen which belonged unto her, the aforefaid Charles Irving having been left at Great River on the aforefaid Mufquito fhore, and the aforefaid Alexander Blair, together with the aforesaid appearer David Miller, and one feaman being about neceffary bufinefs on fhore at Great Black River aforefaid; and the aforefaid appearer further faith, he hath been affured that after the aforefaid two armed veffels ftood out to fea, in company with the aforefaid veffel called the Morning Star, the largest of the faid armed veffels hoifted a broad pendant, and the other hoifted a long pendant, both of which, as the faid appearer hath been alfo affured, appeared to be blue, and which faid pendants, and the Dutch jacks, were all the colours which were, according to the beft of the aforefaid appearer's knowledge and belief, hoifted, or in any manner fhewn, by the aforefaid captors, while either of the faid armed veffels, or their aforefaid illegal capture, remained in fight of the aforefaid chief British fettlement; and the aforefaid appearer further faith, that from the first time of the aforefaid veffel, the Morning Star's arrival at the Mufquito fhore aforefaid, until the very inftant of her being illegally taken and carried away, as aforelaid, fhe, the aforefaid floop or veffel, called the Morning Star, never was at any place unto the fouthward of Great River, the mouth of which is nearly in latitude twelve degrees and forty-feven minutes north, on the aforefaid Mufquito fhore, nor hath fhe ever been, within the faid time, at any place unto the weftward of Great Black River, the chief British fettlement aforefaid, neither has there at any time been any trade or intercourfe whatsoever carried on, or even attempted to be carried on, with any Spanish subject whatsoever, by means of the faid veffel called the Morning Star, or by means of any the merchandize or other effects, at any time or times, on board of her, during the time from her firft arrival until her illegal capture as aforefaid; neither has the faid veffel called called the Morning Star, ever had (during any part of the faid time, from above the middle of February laft paft, until fhe was illegally boarded and taken as aforefaid) any kindwhatfoever of Spanish property or produce on board of her, and the time of her being fo taken and carried away, the remains of her cargo, which the brought from England and then had on board, confifted of a great quantity of plantation ftores, and fundry other goods, which were all and every part thereof intended to be landed on the aforefaid Mufquito fhore, had not the faid capture prevented the faid landing thereof; and the faid plantation ftores, and fundry other goods taken and carried away, as aforefaid, do amount to a very confiderable value, which cannot at prefent be exactly ascertained, by the aforefaid appearer, David Miller, as all the papers which he had relative thereto, were on board of the said veffel called the Morning Star, at the time of her being illegally taken and carried away as aforefaid; and he, the faid appearer, doth verily believe, the faid floop, called the Morning. Star, is fuch a good veffel that she could have been fold in Jamaica (before her aforefaid illegal capture), for the fum of one thousand and four hundred pounds current money of Jamaica, or thereabouts; and he, the faid appearer, doth also verily believe the aforefaid two armed veffels were and are Spanish property, and navigated by Spanish fubjects; and therefore, he, the aforefaid appearer, David Miller, hath folemnly declared to proteft, and defired an act of me the aforefaid John Bourke, Efq; as cuftos rotulorum on the aforefaid Mufquito fhore, (no notary public being then on the Mufquito fhore) to ferve and avail him, the faid appearer David Miller, and all others concerned in the aforefaid floop or ves fel, called the Morning Star, or concerned in her cargo, when and where it should or may be requifite. Wherefore I, the aforefaid John Bourke, Efq; one of his Majefty's juftices, and cuftos rotulorum on the Mufquito fhore aforefaid, (no notary-public being then on the Mufquito fhore) at the requeft aforefaid, did folemnly proteft, and by these prefents, do hereby folemnly proteft against the aforefaid two armed floops or veffels, or their boats or launches, and every perfon and perfons whatsoever, who was or were on board the said armed floops or veffels, or on board of their boats and launches or that was or were, in any manner whatsoever, affifting or concerned in taking and carrying or fending_away, as aforefaid, the aforefaid floop called the Morning Star, for all loffes, damages, cofts and detriments whatVOL. VI. T t foever, foever, already in any way fuffered or fuftained, or which fhall or may be hereafter in any manner fuffered or fuftained, by reafon or means of the aforefaid capture, to be all had and recovered in time and place, as of right fhall appertain: This was thus done and protested at Great Black River, (the chief British settlement) on the Mufquito fhore, in North America, in the prefence of John Gallen and Thomas Marriot Perkins, witneffes thereunto requefted. DAVID MILLER. Witneffes JOHN GALLIN. THOMAS MARRIOTT PERKINS. David Miller, late mafter of the floop called the Morning Star, mentioned in the foregoing proteft, came this day before me, the aforefaid John Bourke, Efq; cuftos rotulorum, as aforefaid, and duly made oath on the Holy Evangelists of Almighty God, that the foregoing proteft, as to the fubftance thereof, is true in every particular as therein specified. DAVID MILLER. Sworn before me at Great Black River aforefaid, this firft day of May, in the year of our Lord God One thousand, feven hundred, and seventy fix. JOHN BOURKE. The four following depofitions were taken in presence of the legiflative council, of which the fuperintendant is prefident. Copy of the depofition of Thomas Archdeacon, mariner. Black River, Musquito shore. ff. PERSONALLY appeared before me, his Majefty's chief juftice of the peace for the faid fhore, Thomas Archdeacon mariner, who made oath on the Holy Evangelifts of Almighty God, depofeth and fayeth, that he, this deponent, being at Black River aforefaid, about eleven o'clock, being the thirtieth day of April laft, he faw two floops come to an anchor off Black River Bar, under Dutch colours, which colours were foon after hauled down; this deponent looking at them with a spy glafs, imagined that they were veffels of force, and were full of men; a fhort time after, this deponent faw a launch or boat go on board the floop Morning Star, David Miller mafter, the being at an anchor likewise, and had an English pendant and enfign hoifted, and that immediately as the boat or launch went on board he faw them ftruck. Presently after, he faw a Jack hoifted in the ftarboard fhrouds, and another launch or boat went then on board, when this deponent ob ferved that the jack was hauled down, and about half an hour after, he, this deponent, faw the Morning Star under fail, and the other two floops immediately followed her; one of them hoifted a long pendant, and the other a broad pendant, but cannot tell what colours they were. And further this deponent fayeth not. THOMAS ARCHDEACON. JOHN BOURKE, I have examined the above depofition, and compared it with the original, and find it to be a true copy. Sworn before me this 3d of May 1776. JOHN BOURKE. Copy of the depofition of David Lamb, furveyor. Black River, Musquito fhore. ff. PERSONALLY appeared before me, his Majefty's chief justice of the peace for the faid fhore, David Lamb furveyor, whe made oath on the Holy Evangelifts of Almighty God, depofeth and fayeth, that on the thirtieth day of April laft, about twelve o'clock at noon, he this deponent being at Black River aforefaid, and hearing that two ftrange floops were come to, off the bar, and that a third floop was under fail, this deponent went to the beach on the fea fide to view them, and in his way heard feveral guns fired, when he, this deponent, got on the beach, he faw the floop Morning Star, and the two ftrange floops at anchor, and a fourth under fail, which was a floop belonging to himself, named the Nancy, whereof John Coffell was mafter, which floop Nancy ftood in fo close for the fhore, that this deponent fuppofed the people in her intended to run her on fhore, and the faid floop Nancy had her colours hoisted in her fhrouds: This deponent obferved that the other three floops had no colours, and told Captain Thomas Archdeacon of it, when Captain Archdeacon (who got on the beach a few minutes before this deponent) faid he faw the colours of the floop Morning Star hauled down, This de-, ponent obferved the two ftrange floops to be full of men and appeared like armed veffels, and faw two boats full of men go from the faid ftrange floops on board the floop Morning Star, and in little more than half an hour he, this deponent, faw the faid floop Morning Star under fail, and presently after the two ftrange floops followed her, the three floops ftood out to fea, that is to the northward, the fourth which did belong to this deponent, went to Prenaw creek. And further this deponent fayeth not. DAVID LAMB. Sworn before me this 6th day of May 1776. JOHN BOURKE, Copy of the depofition of Richard Burrell, mariner. Black River, Musquito fhore. ff. PERSONALLY appeared before me, his Majefty's chief juftice of the peace for the faid fhore, Richard Burrel, mariner, who made oath on the Holy Evangelifts of Almighty God, that he, this deponent, was a paffenger on board the floop Nancy, John Coffell mafter, on a voyage from Prenaw creek, to Cape Gracias a Deos, on the faid fhore, and that on Monday the twenty-ninth day of April laft, about nine o'clock in the evening of that day, the moon fhining very bright, the aforefaid floop Nancy, being then about eight leagues to the northward of Puttook River, they fell in with two Spanish guardacoftas, the smalleft of which fired a gun, and brought the faid floop Nancy too, at the fame time fhe hoifted Spanish colours, and then hailed in Spanish first, and in Engglish afterwards, to know where the faid floop Nancy had come from, and where fhe was bound to? John Coffell, master of faid floop, answered, from Prenaw Creek, and bound to Cape Gracias a Deos, on which the smallest guarda-cofta went a head, and then the largest came along fide of faid floop Nancy, and hailed her in the fame manner that the fmall guardacosta did, and asked what she was loaded with? to which they were answered, that fhe was only in ballaft, on which the guarda-cofta ordered the said floop Nancy to heave too, and kept her in that manner until three o'clock on Tuesday morning, when the guarda-cofta hailed and afked, what provifions were on board? to which Captain Coffell answered, he had none, but would be glad that the Spaniards would spare him a barrel of bread or barrel of flour, at the fame time afking why they detained him fo long? The Spaniards then afked the bearings and diftance of the island of Bonaca, and what veffels were at Black River? to which this deponent anfwered, that Bonaca bore weft and by north, and Captain Coffell anfwered that there was a brig and schooner at Black River; they, the Spaniards, then told the people on board the floop Nancy, that they might go about their business. On which the faid floop Nancy bore away for Black River, her fails being bad, and about feven o'clock the fame morning, they faw the two Spanish floops under Dutch colours, and tanding in for Black River, where he, this deponent, faw them at an anchor about twelve o'clock at noon, the faid floop Nancy run down by the faid Spanish floops, not fufpecting that any hoftility was intended, the largest Spanish floop 3 hailed |