Articles of Agreement made, concluded and agreed upon the First Day of November in the Eighteenth Year of the Reign of our Sovereign Lord George the Third of Great Britain France & Ireland King Defender of the faith and so forth, and in the Year of our Lord God, One thousand Seven hundred and Seventy seven Between Captain James Dougal Commander of the private Man of War called the Howe mounting Ten Guns carrying Three Pound Shot each and manned with Forty five Men now lying in the Harbour of Saint George designed to cruise against his Majesty's rebellious Subjects of America of the one Part, And the Officers and Men entered on board and composing the Ships Company of the said Slop Howe of the other Part Witnesseth
First That the said Captain James Dougal for himself and on Behalf of the Owners of the said Sloop Howe shall furnish and put on board her Ten Carriage Guns carrying three Pound Shot, a Number of Small Arms and Quantity of Ammunition and other necessary Warlike Stores with Provisions sufficient to serve the said Ships Company during a Cruise of Three Months—to be computed from the Day of the said Sloops sailing from this Island. In Consideration of which the Owners of the said Sloop or their Assigns shall be reimbursed (out of the Money arising by the Sale of the first Prize or Prizes taken by the said Sloop Howe before any Dividend is made thereof) the whole Charge of Warlike Stores (great Guns & small Arms excepted) victualling Advance Money, and the Expence the Owners are at for the Surgeons Chest; after which one half of the Neat Proceeds of such Prize or Prizes as shall be taken, shall be for Account of the Owners and at the Disposition of the Managers, and the other half of the neat Proceeds to the sole Property of the said Ships Company, the Captain's Share of which to be [blank] per Cent and the Residue to be divided in the Proportions specified in the Eleventh Article of these Presents—
Second That for preserving a Decorum on board the said private Man of War, no Man is to quit or go out of her on board any other Vessel or on Shore, without Leave first obtained of the commanding Officer on board, under the Penalty of such Punishment, as shall esteemed proper by the Captain & Officers.—
Third That it shall be intirely in the Captains Power to cruise where he shall esteem it most beneficial for the Interest of the Owners and Ships Company.—
Fourth That if any Person be found a Ringleader of a Mutiny, or causing a Disturbance on board, refuse to obey the Command of the Captain & Officers, be have with Cowardice or get drunk in Time of Action, such Person shall forfeit his Share of Prize Money to be divided amongst the Ships Company; and be otherwise punished according to Law
Fifth That all Cloaths, Bedding, Watches, and Rings in wear, Buckles Buttons and whatever else is deemed small Plunder by Custom, is to be divided amongst the Ships Company according to their Stations, the Captain not to interfere with them, The Cabin Utensils in present Use for the Commander.—
Sixth That if any Person shall steal, or convert to his own use any Part of the Prize or Prizes, or be found pilfering any Money or Goods and be convicted thereof he shall forfeit his Share of such Prize or Prizes to the Sloop and Company.
Seventh That the Captain has the Power of taking out of any Prize or Prizes whatsoever Stores he may judge necessary for the Sloop Howe without paying for them, provided the Prize is not disabled thereby
Eighth That whosoever first Spies a Sail that proves to be a Prize shall have Ten Pounds Currency, and the first Man proved to board a Prize before she strikes shall have a Gratuity of Fifteen Pounds Currency for his Bravery, to be deducted & paid out of the Gross Sum of the Prize—
Ninth That if any private Man shall lose a Leg, Arm or Eye in Time of Action or in the Sloop's Service, he shall have a Gratuity of Forty Pounds Currency, and in Proportion to Officers exclusive of Shares: The said Sum to be deducted out of the Gross Sum of the Prize and in Case of Mortality under Fire, the said Gratuity and Shares to be made good to their Assigns—
Tenth That for the further Encouragement of the said private Man of War's Company, it is agreed that the chief Officers shall have [blank] the petty Officers & able Seamen [blank] abled bodied Landsmen [blank] & Boys [blank] advanced to them—
Eleventh That the Half of the neat Proceeds of all Prizes taken by the Sloop Howe, which is to be appropriated to the Ships Company, be divided amongst them in the Manner following, Vizt:—
|
Shares |
1st: Leuitenant |
5½ to 6 |
2d: Ditto |
4½ to 6 |
3d. Ditto |
3½ to 5 |
Master |
3½ to 5 |
1st: Mate |
3 to 4 |
2nd: Ditto |
2½ to 2 |
Surgeon |
3 to 4 |
Surgeons Mate |
2½ to 2 |
Gunner |
3 to 4 |
Gunners Mate |
3 |
Prize Masters |
3 to 3½ |
Carpenter |
3 |
Carpenters Mate |
2 |
Boatswain |
3 |
Boatswain Mate |
2 |
Armourer |
1½ |
Yeomen of the Powder |
2 |
Steward |
2 |
Seamen |
1½ to 1 |
Boys |
½ to ¾ |
Twelfth That on the Death of the Captain the Command to devolve on the next Officer, and so in Rotation, And for the Encouragement of the able SeaMen and others, on the Loss of Officers, they are to be replaced out of the Ships Company, according to their gallant Behaviour as the Captain shall appoint.—
Thirteenth That whosoever deserts the said Sloop Howe within the Time hereunder mentioned shall forfeit his Prize Money to the Owners and Company to enable them to procure others in their Room.—
Fourteenth That all & every one on board doth Covenant and Agree to Serve on board the said Sloop Howe for the Term of Three Months begining from the Day of her Departure from this Island—
Fifteenth And lastly for the true Performance of all and every the beforementioned Covenants and Agreements each and every of the said Parties do bind themselves, their Heirs Executors and Administrators firmly by these Presents in the Penal Sum of Five hundred Pounds Sterling & lawful Money of Great Britain In Witness
where of the said Parties have to these Presents Set their Hands & Seals the Day & Year first within Written1
William Pollock |
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Wiliam Green |
John Carter |
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Robt: Winter |
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George Grundy |
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Peter |
his
X
mark |
Smith boatn |
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George Carroll |
Wm Hayman |
Joseph Pittman |
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Richd [Arbuckle] |
John Frampton 2d2 |
Charles webb |
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Richard |
his
X
mark |
Webb G. M |
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James Lynam |
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James Leighton |
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George Harris3 |
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Jos: Nealeson |
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Andrew Ramsay |
James Smyth |
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Robert |
his
X
mark |
Hunnard |
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Mark |
his
X
mark |
Brickland |
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Henry Gold |
Thos. Edgcombe |
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Charles Antoine Kame |
R Don |
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Wm King |
Aryxmas |
his
X
mark |
Levereck |
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Willm Saltery |
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Bar Bamr. |
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James Lock |
Fran. |
his
X
mark |
Lawrence |
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Jno masterson |
Wm. |
his
X
mark |
Capt. Marines |
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