Sir,

On the 5th instant His Majesty's Ship Fowey cruizing off Cape Anne fell in with and after a Chace of two hours and a half took the Brig Washington commanded by Sion Martingale [Martindale] Mounting Six 6 Pounders, four 4 Pounders and Ten Swivels with Seventy four Men.

This Vessel is Armed at the Continental Expence, and her Commander, besides a Commission of Captain in their Army, from the Congress, has Instructions from General Washington; her Lieutenant has also a Commission for Lieutenant in the Rebel Army.

Considering it of importance that their Lordships should have the earliest intelligence of this Capture, and have possession of the Commissions and Instructions above Mentioned. ー I have directed Captain Medows to proceed in the Tartar without a Moments loss of time to Spithead, and to go Express with them to Town. ー I beg leave to refer their Lordships to Capt Medows for any other information they may desire of the State of things here. As there is no Commission in Boston to try persons Guilty of Acts of Rebellion or High Treason Committed on the High Seas, I have sent home the whole Crew of the Brig with Captain Medows, ² except four, two Deserters from the Glasgow and Swan and two Englishmen Prisoners who have entered on board the Fowey. The Derserters shall be tried at a Court Martial as soon as possible.

It was my intention to have manned the Brig and send her out again immediately but the Account of her unfitness was so strongly represented that I ordered three Captains to survey and report the State she was in, I transmit a Copy of my Order and their report, their Lordships may be assured, she exceeds their description of her badness.

Two Victuallers Vizt The Layton and Resolution are not Yet arrived, nor any others of the Men of War expected but the Phoenix and Roebuck, and the Lizard at Quebec. ³ The Boyne Sailed for England the 5th instant with General Burgoyne on board.

I beg their Lordships directions Concerning the future disposition of the Crews of such Vessels as may be taken in Arms. Many inconveniencies will arise from keeping Prisoners on board and in the present State of things a few only can be kept Prisoners in Boston. ー I must therefore intreat their Lordships will be pleased to direct in what manner any that may be landed shall be Victualled, and if under the direction of the Commissioners for Sick and Hurt and Prisoners of War as hath been Usual, that that Board may be Ordered to send me the necessary forms and directions for my guidance, or Appoint an Agent to receive and Victual Prisoners at Boston. I am Sir [&c.]

Endorsed Rd by Capt Meadows 6 Jan. 1776