Of Captain Thomas Tew
The Agreement Between the Owners and Crew of the Sloop Amity
This original agreement was signed 8 January 1692 by Thomas Tew, the other owners of the sloop Amity, and the members of the crew. A copy was made on the 5th June 1694.
"Articles of agreement Indented, had, made concluded and agreed upon the eight day of January in the ffourth year of the Reign of our Sovereign Lord and Lady King William and Queen Mary over England Scotland ffrance and Ireland Defendor of the ffaith Annog (sic) Dom 1692. Between the owners Capt Thomas Tew, Henery ffyfeild, Thomas Wamsly, Richard Gilbert, Thomas Hall being Owners of the Sloop Called the Amity now Rideing att Anchor in the Island of Bermuda at Somers Islands of the owne Part and the rest of the Sloops Company on the other part have Severally and Joyntly Subscribed theire Names and affixed theire s to those Presents as ffolloweth.
Whereas the said Capt Thomas Tew and the Rest of the sloops Company partye to those Presents are now intended out on a voyage to Sea in the said Sloop Amity, now those presents Witness that it`s agreed by between all the said parties to those presents and the said owners Capt Thomas Tew Henery ffyfeild Thomas Wansly, Richard Gilbert Thomas Hall for themselves theire heires Exrs: Admrs: and assignes doth Covenant, Promise, Grant and Agree to and with the said sloops Company and Every of them his and their Exrs: Admrs: and assignes by those Presents in Manner and forms following (That is to Say)
Imprimis, That the said Sloop the Amity att the proper cort and Charges of the aforesaid owners shall within ten days after the date hereof be well and Sufficiently fitted Tackted, Equippyed and Apparrelled for the Forms of Months certaine and Months uncertaine as the Comand and Major part of the said Company shall agree on and shall saile on such Voyage or Expedition as the said Comander and Company shall think ffitt for the Best advantage of the said owners and Company and further the said owners dox Covenant, promise, Grant and Agree to and with the Company of the said Sloop Amity in the Penall Sume of one Thousand pounds that they and theire heires Exrs: Admrs: and Assignes shall and will allow all proper costs and charges to the said Company att theire Returne they giving an account of their Expences, Charges & Disbursments dureing the said voyage in the said Sloop the Amity.
Item that whatsoever interest, profitt or Advantage As Mony Plate Bullion Jewells Ambergrease Goods Wares Merchandizes Shipping Vessell or Vessells or other matter or thing whatsoever that shall bee ffound, Taken, Gotten, had or Recovered att any time or place or in any mannor dureing the whole terme of the said voyage or voyages or Expedition shall bee sharred and Divided as followeth (That is to say) That all maimed men of the said Company that shall bee Disabled in the true service of the Voyage to the Apparent hindrance of getting their future Livelyhood, before any Dividend shall be made hee or they shall have & Receive Eight hundred pieces of Eight, or the true Value there of it so much shall bee gained received or procured in the said voyage.
Item provided that if any person or persons belonging to the said sloop Amity, in time of fight or in Acting or in doing for the Good of the said voyage he or they Loseing of a Joynt or Joynts they or theire Heires Exrs. Admrs or assignes shall have and receive one hundred pieces of Eight for each Joynt soe Loesing.
Item that all plunder that did belong to the said prize or prizes Company Excepting mony Plate Bullion Jewells Ambergreese or Merchandizes Whatsoever that shall bee found, Taken, Gotten, apon Dock or between Docks or in the Cabben shall bee free Plunder Equally to bee Divided amongst the said Sloops Company.
Item it`s further agreed that the said Owners for theire said Sloop shall Next have and Receive Nine full common shaires, and the Comandr thereof for the time being for himselfe and his Comission shall have two and a halfe like full shares the master shall have one and a halfe like full shares. The Doctor conditionally (That is) his Chest bee well fitted with Medicons and that hee give Due attendance on all the said company as need shall require throughout the said voyage and for the terme of one month if need bee after the Expedition thereof shall therefore have and receive all Chyrurgeons(?) Instruments and Medicons properly Belonging to any Vessell taken and also one hundred pieces of Eight towards his Chest over and above his full share in Comon with the said company.
Item, that if it shall happen that any Shipp or Vessell Whatsoever shall bee Taken Gotten or obtained dureing this terme of the said Voyage by the said parties to those presents or any others being parties parties hereunto that then the said Comandr and his Successors Comanders for the time being shall and may save Keep Burne or Distroy such shipp wessell or vessellls att his Discretion according as he shall order and think most Convenient without any of the said Company.
Item that all Disbursments by the said owners for the said Company on the account of provision shall bee duely pay`d for according to agreement before any Dividend bee made of the first mony or goods taken as they or their Orders shall think most meet to the Advantage.
Item that all and Singular the Whole Remaining part of the produce proffitts and Issues of the said voyage without any fraud or Concealement shall bee shared and Divided amongst the said Company part & part alike, and ashore any of them shall Dye or bee shared and Divided amongst the said Company part & part alike, and ashore any of them shall Dye or bee Jrined (??) in the Service of the said voyage every such persons Share of the Whole shall bee good to the time of his or their death and no further and their Exrs: Admrs: or assignes by vertue of those presents shall have a good right and Title according to Demand and receive the same allwas(?) hereby Excepting and reserveing to the said Comandr and Company for the time Being the Power Knowne Use and Customs of making any Defalcations or abatement, Where he or the Company find cause for any Knowne Default or misdemeaner or any of the said company then Living which Defalcations shall bee Disposed of amongst the said Company by De**** (illegible), and the party as thereby Pretending to bee agreived shall have no remedy thereby or herein.
Item that whomsoever of the said Company shall first Spy a saile and the same prove to bee a Prize sufficient to make them a Voyage he shall Therefore have one hundred pieces of Eight or the Vallue att the choice and Appointment of the Comand and the Major part of ye Company and free Entrance into the Prize.
Item that if the Company belonging to the said sloops Conow (sic) being att any time sent out shall take or find anything under that vallue of ffive hundred pieces of Eight without Gunshott of the said sloop the same shall bee Equally shared amongst the said Conows Company But is any such booty or purchase shall amount to that vallue or upwards itt shall be brought to A common and General dividend amongst the said sloops Whole Company.
Item itt is further Covenanted Granted and agreed to and with the Consent of the sloops whole Company that all Due and Civill respect that is usually paid to a Capt in his Station shall bee paid to Capt. Thomas Tew, and his Successors as our Comission officer, and also that the said Company in General will furnish themselves with small Arms and Amunicion for their small arms fitting for the said Expedition.
Item if any of the said Company shall Dureing the said voyage force or Ravish any Maid or Woman then hee or they shall loose his or their whole share as aforesaid, and bee punished att the Capts and the Companys Discretion.
Item that if any Man of the said Company shall in time of service be so Drunk & incapable that he does not fight and withstand the Enemy then he or they shall bee Cutt of or punished according as the Capt and the Major part of the Company thinks meete.
Item that if any of the said Company shall in time of Service Dureing the said Voyage show or prove himselfe a Coward then he or they Shall Loose his and their voyage as aforesaid.
Item that if any of the said company shall dureing the said voyage conceale or Defraud anything of the booty or purchase found taken or Gotten to the Vallue of a piece of Eight for any Longer than ffour and twenty houers And shall not fully and truly deliver the same unto the Quarter master for the time being he or they shall therefore Loose his and their whole Share and Dividend as aforesaid.
Item it`s Mutually agreed that those Islands shall be theyer Comission port And to the full and true performance of these present Articles and every clause and thing herein Contained each of the said parties to those presents bindeth him and themselves seaverally and his and their severall Exrs admrs. and assignes unto the other of the said Parties his and their Exrs Admrs. and Assignes in the Sums or penalty of Two Thousand pounds Currant mony of those Islands Nevertheless it`s further covenanted Granted, Concluded, and agreed uppon that the whole company or each person severally will(?) forme those Articles, Excepting the Hardness of ye Seas and the Danger of the Enemyes, In Witness whereof all the said parties to those Articles have sett thir hands & s Dated the day & yeare first above Written.
Signed Sealed and Delivered in the Presence of us
Capt Thomas Tew
|Capt Thomas Tew
Thomas Evin, his Marke
Joshua Barnes his marke
Kalop Mathos his marke
Thomas ffoilds Marke
Carnolus Reeke`s Marke (CC)
Paul Lafleus his marke
William Noble`s marke
John ffredrick`s marke
Mingoe Smith`s Marke
John Banks marke
John Green`s Marke
John Coary`s marke
Nicholas Cutler`s marke
William Howes`s marke
Bermudas June 5th: 1694.
The before written Confermed in Three sheets of Paper is a True Coppy of the Originall
Examined by mee Jn Tucker.
The before Written is a true Coppy of the Coppy Attested by Captn John
Tucker as above being therewith.
Examined * Charles Minors Dty Secty."