State of the Massachusetts Bay
Middle District Suffolk ss
At the Maritime Court for the middle District of the State of the Massachusetts Bay holden, at Boston in the County of Suffolk, by the Honourable Nathan Cushing Esquire Judge of said Court, on Tuesday the twenty fourth Day of June in the Year of our Lord one thousand seven hundred and seventy seven —
John
Bradford
Esqr
Propont
vs
the Sloop
Betsey
Nathl
Horrick
late Master
Libel &c
filed 149
Be it remembered That on the seventeenth Day of May last, John Bradford Esqr of Boston in the County of Esqr Suffolk, in Behalf of John Skimmer Commander of the armed Schooner Lee, & the Officers, Marines & Mariners on board the same, the Owners thereof, and all concerned therein, came before the Honourable Timothy Pickering Esquire, then Judge of said Court, and filed a Libel exhibiting an Information, to wit, that the said Skimmer and his Company, in said Schooner, on the high Seas, on the third Day of the same May, attacked and took and on the sixteenth Day of the same May, brought into Boston in said District, the Sloop Betsey, of about fifty Tons Burthen, commanded by Nathaniel Horrick and laden with the Articles mentioned in a Schedule to said Libel annexed
And the said John Bradford, in his said Bill, averred that the said Sloop, her Cargo and appurtenances were, at the Time of her Capture, the Property of & belonging to some of the Subjects of the King of Great Britain other than the Inhabitants of Bermuda, New Providence or the Bahama Islands; and that the said Sloop was then employed by the Enemies of the united States of America and carrying Supplies to said Enemies. By Means of all which and by Force of the Laws of this State and the Resolves of the Continental Congress in such Case provided, the said Sloop, her Cargo and appurtenances (the Proponant further said) are forfeited, and to be distributed to the Captors and others concerned therein — Praying advisement in the Premisses and that, by a due Course of Proceedings, the said Sloop, her Cargo & appurtenances may be decreed to be and remain forfeited and distributed as the Law directs.
And the Time & Place of Trial having been duely notifyed, the said John Bradford the Proponant appeareth, and no Person appearing to shew Cause why the said Sloop her Cargo & appurtenances should not be condemned;
After a full Hearing of the Proponant (by his Counsel) the Proponants Bill aforesaid is committed to a Jury duely returned and impannelled and sworn to return a true Verdict thereon according to Law and Evidence, Which Jury are William Foster, John Woods, Elisha Gardner, Joshua Boylston, John Coburn, John Hooton, David Williams, John Champney, Thomas Parker, William Bosson, Francis Archibald, John Bennet, Who return their Verdict to the said Nathan Cushing Judge, and upon their Oath say, "that the said Sloop is a Merchant Vessel that she was taken, on the high Seas, by Capt John Skimmer Commander of the Continental arm'd Schooner called the Lee and bro't into the middle District of this State, that the said Sloop her Cargo & appurtenances were at the Time of her Capture the property of & belonging to some of the Subjects of the King of Great Britain other than the Inhabitants of Bermudas New Providence or Bahama Islands."
And thereupon, It is, by the [said] Nathan Cushing Judge as aforesaid, considered and decreed that the said Sloop Betsey with her Cargo and appurtenances are forfeit; that the same be sold at public Vendue; and that of the monies thence arising, there be paid the Charges of Trial & Con demnation being eight pounds eleven shillings & eight pence and the Charges of Sale and the Wages of the Seamen & Mariners who were taken on board the said Sloop, according to the Terms of their Contract up to the Time of her Condemnation (such Wages as have been advanced & paid to the Seamen & Mariners by the said Nathaniel Horrick late Master of said Sloop out of his own Monies, to be paid to him together with his own Wages, and the arrears of the Seamens & Mariners Wages to be paid them severally); and that the Residue of the Monies arising from the Sale afore said be delivered to the said John Skimmer & his Company Captors of the said Sloop Betsey, or their agents or attornies, for the Use and Benefit of such Captors & others concerned therein—
attest Isaac Mansfield Clerk