Thomas Hardy Master of the Patty a Banking Brig maketh Oath that he was taken the 6th of June by the Hancock and Boston two Privatier Frigates belonging to America. the Hancock mounted 32 Guns, 22 of which were 12 pounders, 6 of 9 pounders, and 4 of 6 pounders and had 347 Men. The Boston mounted 28 Guns all 9 pounders, Men unknown. When they first came under my stern they boarded me, and asked for an Axe to cut my hawser away, and ordered me, and my people onboard the Hancock which was the Commodore's Ship, when I got onboard, Captain Manly welcom'd me onboard the Hancock,and said I have been out a Fortnight and met with no success until I saw you. He then said your Vessel is of no Value to me, but I mean to destroy the Fishery by sinking, burning, taking or destroying all I may find, which business I am ordered by the Congress to do. And after taking all my Sails, Hawsers, Rigging, and every other Store which could be of any Service to them they set my Vessel on Fire, after which they ordered me to stay upon the Deck of the Hancock and directed me to tell them how the Bank laid along, and how Cape Race bore.
The next morning being Saturday the 7th of June about 6 o'Clock we saw a Ship on the Larboard bow, and then gave Chace to her, about half an hour after the Ship to Leeward Tacked to the Westward in order to join us, with Colours hoisted, the Privateer had a Red Ensign, and the other St Georges Colours, the Captain of the Privateer hailed them, from whence came you, the Man of War made no answer but from whence came you, the Privateer then said strike to the American Colours or I will Fire into you, the Man of War then said if you are ready fire away, then the Privateer struck the English Colours and hoisted the Colours of the thirteen united Colonies, and fired a Broad side, which was immediately returned from the Man of War, (which proved to be the Fox) hauled her Wind and after two hours Chace the Privateer came up alongside the Fox and then engaged again for an hour and a half, at which time the Fox struck, the other Privateer called the Boston who had not come to Action before being then come up within half Gun shot, Fired a Broad side into the Fox after she had struck to the Hancock,I was on the Hancock's Quarter Deck when Captain Fotheringham came onboard in the Boston's Boat, as neither the Fox or Hancock'sBoats could swim, Captain Fotheringham then presented his Sword to Captain Manly who received it. and further this Deponent sayeth not. —
Question. You say you was Master of a Banking Brig called the Patty, at an Anchor on the Banks of Newfoundland and was taken in the Latitude 43° . . 40' Meridian Distance from Cape Spear 95 Miles. —
Q. How long had you been on the Banks.
A. One Month.
Q. Did you see any Man of War during that time.
A. No, but heared the Guns of several Vessels being a Convoy bound to Quebec as I was told by a Vessel who came out under their Convoy.
Q. How do you know it was Captain Manly that Commanded the American Privateer.
A. He told me he was born at Merrychurch 2 near Dartmouth, I then recollected that I knew many of his Family, and I also know he has sent a Letter by the Master of the Vessel who brought us in, to his Brother a servant of some kind to Mr. Gees.
Q. Was you onboard the Privateer at the time of the Action with the Fox, and what was her name.
A. Yes, and her name was the Hancock.
Q. What number of Men were killed onboard the Privateer.
A. Four Killed and Six Wounded.
Q. Did you hear what number were killed onboard the Fox.
A. Yes, I heard the Lieutenant of Marines and one Seamen, were the only people kill'd, and I heard of no more than two being Wounded.
Q. What distance was the other· Privateer from the Fox when she struck to the Hancock.
A. Not more than half Gun shot.
Sworn before me 11th June 1777 — J: Montagu
