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 Timothy Pickering junr Esquire Judge of said Court, on Tuesday the twenty ninth Day of april in the Year of our Lord one thousand seven hundred & seventy seven —

that the said Lee and his Company in said Schooner, on the high Seas, on the twentieth Day of January last, took, and, on the fifth Day of the same February, brought, into Newbury Port in said District, the Brigantine Betty, of about one hundred Tons Burthen, commanded by James Simonet, and laden chiefly with the Articles mentioned in the Schedule to said Libel annexed. And the said Jonathan, Nathaniel & John the Proponants, in their said Bill, aver'd that the said Brigantine, her Cargo & appurtenances were, at the Time of said Capture, the Property of and 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 the said Brigantine was then employed by the Enemies of the united States of America and carrying Supplies to said Enemies, and the Proponants further said that by means of the Premisses and by Force of the Laws of this State and the Resolves of the Continental Congress in such Case provided, the said Brigantine, her Cargo & appurtenances are forfeited and to be distributed as the Law directs ー praying Advisement, and that, by a due Course of Proceedings, the same Brigantine, her Cargo and appurtenances may be decreed to be and remain forfeited and distributed as the Law directs.

And the Time and Place of Trial having been duely notified, the Proponants by John Lowell 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 Proponants, their 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 John Andrews, Benjamin Gray, John Newhall, Elkanan Winchester, Elisha Gardner, William Williams, Ebenezer Triscot, Edward Preston, Benjamin Cudworth, Thomas Parker, John Bennet, Nathaniel Cudworth. Who return their Verdict to the said Timothy Pickering Judge as aforesaid, and upon their Oath say, "that the Brigt Betty commanded by James Simonet was taken by Capt John Lee and his Company in the arm'd Schooner Hawke, and carried into Newbury Port, and that She & her Cargo and Appurtenances at the Time of her Capture aforesaid were the Property of some of the Subjects of the King of Great Britain, other than the Inhabitants of Bermudas, New Providence, or the Bahama Islands, and that the said Brigt with her Cargo and Appurtenances is a lawful Prize to the said Captors."

And thereupon, It is, by the said Timothy Pickering Judge as aforesaid, considered and decreed that the said Brigantine Betty with her Cargo and Appurtenances are forfeit, ー that the same be sold at public Vendue, & that of the Monies thence arising, there be paid the Charges of Trial & Condemnation being eight Pounds and four pence and the Charges of Sale and the Wages of the Seamen and Mariners who were taken on board the 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 James Simonet the 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 & Benefit of such Captors and others concerned therein.

attest Isaac Mansfield Clerk