By this public Instrument of Protest be it known & made manifest unto all whom it doth or may concern, That on the Seventh Day of August 1775, before me John Wendell of Portsmouth in the Province of New Hampshire Esq. Notary & Tabellion publick by Lawfull authority admitted, sworn & registered by the Clerk of his Majesty for Faculties in Chancery London, personally appeared Robert Sanders, jun. Skipper, and Jacob Tibbets, Isaac Remmick & Abm Mathews, mariners & Fishermen late belonging to the Schooner Ann of wch Titus Salter of Portsmo aforesaid Merchant was sole owner, who being all sworn upon the Holy Evangelists of Almighty God, do solemnly declare, that they arrived in sd Schooner from a short voiage at Rye in the Province aforesaid about four miles from this Harbour on the 21st day of June last past, having on board abt Thirty Quintals of Fish, that these Deponents all belonged to the said town of Rye and having taken out said Fish, they then put on board some dry Fish to the amount of fifteen Quintals to bring round in the Schooner to the owner to deliver up with said Schooner as they had laid aside all thoughts of going out on a Fishing voiage again; That they lay wind bound & being a barr'd Harbour they could not get out till the 5th of July, at which time they sailed and were then seized off the Harbour by a Boat belonging to his Majesty's ship Scarborough, Andrew Barclay Esq. commander for a Breach of the Act of Parliament for the restraining the Fishery of the New England Colonies, and having taken the Schooner into Possesion they carried her into the Harbour & moor'd her near the Scarborough & dismissed these Deponents, and these Deponents further declare that the said Schooner was not out of Rye River from June 21 to July 4th and that they have not been cited to appear at any of his Majesty's Courts of Admiralty to reply unto any Libel that may have been taken out to justify said seizure, and further these Deponents say not.
Wherefore, I, the said Notary did & do in behalf and at the request of these Deponents solemnly protest against the Winds & Seas as the sole & only cause that prevented the said Schooner from being delivered up before the time aforesaid, for all costs, Losses, Damages & Expences by these Deponents sustained or which may hereafter be sustained by them or the owners & Insurers, or any Person interested in the said Schooner & Fish by means or account of the said Detention.
Thus done & protested at Portsmouth aforesaid, the day & date aforesaid in the Presence of Thomas Bickford & Robert Sanders Senr witnesses hereto requested.
In Testimonium cujus presens Instrumentum manu ac sigillo officil Signavi rogatus
Robert Sanders, Junr
Jacob Tibbets
Isaac Remick