[2] Consequently, the contracts for Solebay were issued to a private shipyard, Thomas Airey and Company of Newcastle-upon-Tyne, with a requirement that the vessel be completed within 14 months at a cost of £9.3s per ton burthen.[1] Solebay's keel was laid down on 10 May 1762 and work proceeded swiftly with the vessel ready to be launched by 9 September 1763, just outside Admiralty's stipulated construction time.[1] In selecting her name the Board of Admiralty continued a tradition dating to 1644, of using prominent geographic features; Sole Bay having been the site of a naval engagement between the English and the Dutch in 1672.[4][a] Among these other ranks were four positions reserved for widow's men – fictitious crew members whose pay was intended to be reallocated to the families of sailors who died at sea.[5] In 1777-78 the vessel was used as a floating prison for John McKinly, the first President of Delaware, who was captured by the British Army after the Battle of Brandywine.