I wrote a Letter to my Owners, to acquaint ’em with our good Success, but could not be so full as I would, because I sent it by the Hand of an Enemy. We spent our Time till the 7th, in refitting, wooding, and watering; and were very glad to find as much Bread on board the Prize as we hop’d might, with what we had left of our old Store, make enough to subsist us in our next long Run. Capt. Courtney and his Officers, with those on board the Marquiss, are too willing to complement Capt. Dover with the chief Command of the Prize; which till now I thought he would not have accepted, his Posts already being above a Commander of any of our Prizes; but I and my Officers are against it; because we believe Capt. Frye or others, are fitter Persons to take Charge of her, which we insisted on; and Capts. Courtney and Cooke came to me, where they agreed to a Paper that was drawn up while we were all together, in such a Manner as I thought would have satisfied every one. Capt. Courtney carried this Agreement to Capt. Dover to sign it, not doubting but all would be content with what we had concluded; yet to our Surprize, they spent the Remainder of the Day, and instead of making Capt. Dover comply with it, undid all, and brought a Paper which impower’d him to be sole Commander, without the least Restraint, of not molesting those that should navigate the Ship, but to order every thing as he should think fit.
Jan. 9. We fetch’d our 3 wounded Men from on board the Dutchess; one of ’em was Tho. Young, a Welchman, who lost one of his Legs; the other, Tho. Evans, a Welchman, whose Face was miserably torn; the third, John Gold, wounded in the Thigh; and one died of his Wounds, viz. Emanuel Gonsalves, a Portuguese: So that out of ten that went, only 6 return’d safe. I sent a Letter to Capt. Courtney this Morning, to know what Measures were going forward; having heard nothing from him since the 7th Instant, and desired that there might be no loss of time, but that the Committee might meet once more, to try if they would make use of their unbyass’d Reason. They were than all aboard the Marquiss, where I heard they had, ever since our last Meeting, concerted how to frame a Protest against me, and my Officers of the Committee, which was immediately answer’d by a Protest from us, both which are as follows.
KNOW all Men, by these Presents, That We, the Commanders of the Ships Dutchess and Marquiss, and other Officers, being the major Part of a Committee appointed by the Owners, for the regulating the Affairs of the Ships Duke and Dutchess, private Men of War, till their Return to Great Britain, as more largely appears in their Orders and Instructions. Now, whereas we have lately taken a rich Prize bound from Manila to Acapulco, and the said Ship being safe at Anchor in a Bay near Cape St. Luke, on California, We held a general Committee on board the Duke the 6th Day of January 1709-10. for appointing a Commander and other Officers for the said Prize, call’d by the Spaniards, when in their Possession, Nostra Seniora del Incarnation de Singano, but now named by us The Batchelor Frigate, wherein it was carried by Majority of Votes for Capt. Thomas Dover, who came out second Captain of the Duke, and President of this Committee, and Owner of a very considerable Part of both Ships, Duke and Dutchess, to command the said Prize, we thinking him the most proper Person for the Interest of the Owners and Company; we likewise proposing to put two of the best of our Officers on board, to command under him, and manage the navigating Part of the said Ship during the Voyage, with other substantial Officers and Men, sufficient to work the Ship and take Care of her.
At Anchor in Port Segura.
Now whereas Capt. Woodes Rogers, Commander of the Duke, and several of his Officers, Members of this Committee, did refuse to sign to the Agreement of the said Committee (the Like never having been refus’d by any before, when carried by Majority of Voices) to acknowledge the said Capt. Thomas Dover Commander of the Ship Batchelor Frigate; we do hereby, in the behalf of the Owners of the Ships Duke and Dutchess, our selves and Company, Protest against the unadvis’d Proceedings and Practice of the said Capt. Woodes Rogers, and the rest of the Officers of the Committee, that refus’d to sign and agree to the same, it being directly contrary to the Owners Orders and Instructions, (Reference being had thereto) and the Union and Peace of the Ships Companies (by them likewise recommended). And whatever Damage may ensue, either by Loss of Time, Want of Provisions, or Men sufficient to manage the said Ship, or any Mutiny or Disagreement that may arise from hence between the Ships Companies, or any other Disaster whatsoever, &c. we do likewise Protest against, in the behalf of the Owners, ourselves, and Company, as aforesaid; expecting from the said Captain Woodes Rogers, and Officers of the Committee aforesaid, full Satisfaction and Reparation of all Losses and Damages whatsoever, that may happen to the said Ship during her Voyage to Great Britain.
In witness whereof, we the Commanders and Officers, being the major Part of the Committee, have set our Hands, this 9th Day of January, 1709-10. on board the Marquiss, at Anchor near Cape St. Luke, on California.
Sign’d by the Officers of the Dutchess and
Marquiss.
Which Protest was answer’d by another from our Ship.
WE the chief Officers in behalf of ourselves and the rest of the Ship’s Company of the Duke, having taken a rich Spanish Prize, in Consortship with the Dutchess and Marquiss, call’d Nostra Seniora del Incarnacion de ingano, and did design to use the securest Methods to carry her to Great Britain, both for our Employers interest and our own Advantage. But being in a remote part of the World, we offer’d and desired our Consorts to put one or more able Officers in the principal charge of the aforesaid Prize, it being so valuable that a Retaliation for all our Risques and Hardships is in her Riches, which highly behoves us to be very careful in preserving. But against all our Ships Company’s Consent, (tho’ we are so nearly concern’d) our said Consorts Officers, Capt. Stephen Courtney, Capt. Edward Cooke, Capt. William Dampier, Mr. William Stretton, Mr. Charles Pope, Mr. John Connely, Mr. George Milbourne, Mr. Rob. Knowlman, and Mr. John Ballett, have sign’d an Instrument, and combin’d together, to put Capt. T. Dover in Command of the said Ship.
We therefore (being inclin’d to Peace and Quietness aboard and not to use any Violence to remove the said Captain Dover out of the aforesaid forc’d Command, although he is utterly uncapable of the Office) do hereby publickly Protest against the aforesaid Commander, and every one of those that have already, or shall hereafter combine to place him in. The Ship now being in safety, we declare against all Damages that may arise or accrue to the said Ship, or Cargo under his Command; and that the aforesaid Combiners, who have put the Care of the said Ship under an uncapable Command, we expect are accountable and liable to us for all Damages that may happen. This is our publick Protest. Witness our Hands, aboard the said Ship Duke, riding at Anchor in a Port of California, the 9th of January, 1709-10.