Masts: Bay —— Southn: District
To the honourable Nathan Cushing Esqr. Judge of the maritime Court for said District. ——————————————
Be it remembred that the third day of March in the year of our Lord one thousand seven hundred & seventy Eight John Trivett1 of Providence in the State of Rhode Island & Providence Plantations—Mariner—cometh into Court and on behalf of John Rathburn2 commander of the Armed Sloop of war called the Providence duly commissioned & set forth to cruize upon the Enemies of the United States of America and in the service & Employ of and owned by the said States and of the officers marines & mariners on board the same for all whom the said Trivett is agent libels propounds and gives the said Court to understand and be informed that the said commander officers and marines & mariners in said Armed Sloop did on the twenty seventh day of January last past on the high Seas within the Jurisdiction of this Honourable Court attack conquer and take possession of and afterwards on the twentieth day of February last past bring into the Port of Old Town3 so called within the District aforesaid a certain Ship called the Mary lately commandd: by Henry Johnson burthened about two hundred & fifty Tons ladened with sundry goods wares and merchandize as pr: Schedule—and said Trivett avers that said Ship and her appertenances together with her said Cargo were at the time of Capture aforesaid the property of Some of the Subjects of the King of Great Britain (Other than the Inhabitants of Bermuda [New] Providence or Bahama Islands—that said Ship was then bound & employed to carry Supplies to the fleet and Army employed against said States & that the master & Supercargo of her then had such Supplies—That said Ship at the time of her capture aforesaid was a Vessel of war employd. by the Subjects of Said King enemies of these States to annoy infest and make depredations upon the Sea Coasts & navigation of America& was set for that purpose and duly commissioned by the Said King for that purpose and to Cruize upon the Subjects of Said States and mounted Sixteen carriage guns & was armed with a large quantity of Swivels musketts pistols blunderbusses Swords & Cutlasses and of Cannon Swivel musquet & Pistol Powder and ball and manned with thirty men—By force of all which & of the laws of this State & the resolves of Congress said Ship her Cargo & appurtenances are become forfeit & are to be distributed to and amongst the said commander officers marines &mariners.—
Wherefore as this is of a maritime nature and within the Jurisdiction of this Honourable Court the said Trivett prays the advice of the Court thereupon & that by a due course of Proceedings said Ship her Cargo & appurtenances may be deemed to be & remain forfeited & to be distributed to and amongst the said Commandr. Officers marines & mariners according to Law & the resolves of Congress.
John Trivett} Agent as aforesd.
True Copy attest Bartlett LeBaron Regr
D, DNA, Record Group 267, The Revolutionary War Prize Cases: Records of the Court of Appeals in Cases of Capture, 1776-87, Claim No. 67 (M162, roll 8). Docketed: "No: 5/Libel/Ship Mary."
1. Capt. John Trevett, Continental Marines.
2. Capt. John Peck Rathbun, Continental Navy.
3. Now Edgartown, Martha's Vineyard.