State of the Massachusetts Bay
Middle District, Suffolk ss
At the Maritime Court for the middle District of the State of the Massa chusetts Bay holden, at Boston in the County of Suffolk, by the Honourable Nathan Cushing Esquire Judge of said Court, on Tuesday the twenty ninth Day of July in the Year of our Lord one thousand seven hundred and seventy seven
Be it remembered That on the twenty third Day of June in the Year of our Lord one thousand seven hundred and seventy seven, Gabriel Johonnot and William Mackay both of Boston in the County of Suffolk and State aforesaid, in Behalf of John Manley and Hector McNeil, Commanders of the Continental Ships Hancock & Boston, and the Officers, Marines and Mariners on board the said Ships, and all concerned therein, the said Ships being in the Service of the united States of America, came before the said Judge and filed a Libel exhibiting an Information, to wit, that the said Manley and McNeil and their Crews in the said Ships, on the high Seas, on the twenty ninth Day of May last, attacked and took and, on the fourteenth Day of the same June, brought into the Harbour of Boston in said District, the Brigantine named the Littleton, of about eighty Tons Burthen, commanded by William Johnston and laden with the Articles in the Schedule to said Libel annexed, and the said Johonnot & Mackay, in their said Bill, aver'd that the said Brigantine, her Cargo and appurtenances were, at the Time of said Caption [sic capture], the Property of and be longing 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 Brigantine was then employed by the Enemies of the united States of America and carrying Supplies to said Enemies; by Meansofall which, and by Force of the Laws of this State & the Resolves of the Continental Congress in such Case provided, the said Brigantine her Cargo and appurtenances (the Proponants further said) are forfeited and to be distributed as aforesaid — Praying advisement in the Premisses, and that by a due Course of Proceedings, the same Brigantine her Cargo & appurtenances may be decreed to be & remain forfeit and distributed as the Law directs.
And the Time and Place of Trial having been duely notified, the said Gabriel Johonnot and William Mackay, by William Tudor, Esqr, appear and no Person appearing to show Cause why the said Brigantine with her Cargo & appurtenances should not be condemned.
After a full Hearing of the said Proponants (by their Counsel) their Bill aforesaid is committed to a Jury duely returned and impannelled and sworn to return a. true Verdict thereon according to Law & Evidence. Which Jury are William Thompson, Thomas Tileston, Edward Brick, Elisha Gardner, John Curtice, George Woods, Phineas Pain, Samuel Henshaw, Thomas Parker, Francis Archbald, John Bennet, Benjamin Cudworth. Who return their Verdict to the said Judge and upon their Oath say "that the said Brigantine was a Merchant Vessell that she was taken by the Capts John Manley and Hector McNeill commanders of the Continental Ships Hancock and Boston and their respective Companies and brought into the middle District of this State, that the said Brigantine, Appurtenances and Cargo were at the Time of Capture the Property of and in the Employ of some of the Subjects of the King of Great Britain, other than the Inhabitants of Bermudas, new Providence or Bahama Islands."
attest Isaac Mansfield cler[k]
And thereupon, Itis, by the said Nathan Cushing Judge as aforesaid, considered and decreed that the said Brigantine Littleton with her Cargo and appurtenances are forefeit, that the same be sold at public Vendue; and that of the Monies thence arising, there be. paid the Charges of Trial and Condemnation being nine pounds two shillings and one peny, and the Charges of Sale, and the Wages of the Seamen & Mariners who were taken on board said Brigantine 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 William Johnston late Master of said Brigantine 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 aforesaid, be delivered to the Captors aforesaid, their agents or attornies, for the Use and Benefit of such Captors & others concerned therein . . .