May it please your Honour
I had the honour of Addressing you the 9th: Ulto.1 on the Affair of Mr. Allen in the Schoor Hawk's prize Brigg Britannia, wch has been seiz'd by the Marquiss Basecourt Genl of St. Sebastian; the Vessell unrigg'd, the Cargo unloaded & dispos'd of, & the Crew confin'd in Prison, with a design of Confiscation, on a specious pretence of Piracy. However valid their pretence, & how far warrantable their process, on the premises transmitted to you, your honour must be a Competent Judge:—but to all concern'd it is perfectly mysterious how the sd Genl can justify his Conduct without any other pretence than her being a pirate; for since I wrote your honour I procur'd the fullest evidence of the legality of the Capture, both from the Coasting pilots, & the former master & his Crew, wch together with Capt Hibbert's commission has been translated into Spanish & the whole regularly Authenticated by a Notary & Attested by several principal Merchants, before a Magistrate:—these Sir, with a second & third petition have been laid before his Excy the sd Genl but to no other purpose than his bare acknowledging "he had been petition'd:"—& to the great damage of our Voyage our men are Still detain'd prisoners on the Scanty allowance of 6d Sterling per Day.—
Upon our finding that our fate would finally Issue from Madrid,2 we made application to our friend & Agent at Madrid Mr. James Gardoqui, with a full representation of the Case; such as the Authority of Capt Hibbert; positive evidence of the legality of the Capture; the process of Mr. Allen ye master; that of the Genl & his Servt.; my application & the event; & the present situation of our Interest & people at St. Sebastian.—As it is necessary for us Sir, to be on our passage homewards, we must entreat your Intercession for the restoration of our Intrest & people; more particularly the latter, who suffer on a suspicion, wch in a Court of Justice would long since been dispel'd by our full evidence.
If your honour, may have occasion to direct a reply to our remonstrances, please to direct to Mr Jno: Emery in ye house of Mess. Jos. Gardoqui & Sons at Bilbao. mean time I have the honour to be [&c.]3
"Bilbao Jany 6th. 1778"