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In the year one thousand seven hundred and seventy seven and on Tuesday the sixth Day of the month of May, there personally appeared before us, officers of the Admiralty of France established for Flanders in Dunkerque, Gustavus Cunningham, a native of Philadelphia aged thirty three years, Captain or master of the vessel named the Surprise, assisted by Mr Francis Coffin, agent and interpreter of this Court; which declarant, after taking the oath to tell the truth, told us and declared through the said Interpreter, that having been furnished Commissions, orders, and instructions from the Congress of the thirteen Rebellious Provinces of North America to chase, stop, and take on the high Seas all Ships belonging to His Britannic Majesty or to his subjects flying English Colors; on the evening of the first of this month he went with twelve Seamen into these Roads on board the said Vessel which had papers to depart from this Port under the name of Peacock, commanded by John Beach of Dublin, and which he later named the Surprise; that conforming to his instructions he got underway from these Roads About nine in the evening to Set Up his Cruise between England and the Coast of Holland; that on the next day, the second of said month, about eight o'clock in the evening he met abreast of the Maas [River] an English Packet Sloop which had departed from Harwich bound for Hellevoetsluys, of which he can remember neither its name nor that of its Captain; that he went Alongside said Packet and Summoned the Captain to surrender to the Congress of America, and at the same time he sent over ten men from his Crew including the aforementioned John Beach, his First Lieutenant, to whom he assigned Command of the prize, who took possession of it; that on the following morning, having met a Dutch Fishing Vessel, he had the Crew and passengers of his prize put on board the said Fishing vessel, returning their clothing, money, Personal articles, and jewelry which they said belonged to them, and then he set sail with his prize for this port; that on the next day, the third, being 15 or 16 Leagues northward of Nieuport he discovered a Brigantine flying English colors, hailed it and learned that it was the Joseph, Captain Robert Kelly, sailing from Poole and Messina loaded with fruit and wine bound for Hamburg; as soon as he summoned it to surrender to the Congress of America, which summons Captain Kelly obeyed, he manned it and put on board one Pitt, Master, whom he made Captain of the Prize with 8 men from his Crew and that having met a Fishing boat he put the said Captain Kelly and the members of his Crew on boa.rd said boat opposite Nieuport, and he proceeded on course for this Port, into which the Declarant and his two Prizes entered to resupply, on the tide of that Day about three in the afternoon with the help of two Coastal Pilots which these two prizes took on board in these Roads.

Said Declarant also stated that both his prizes as well as his Ship had received considerable losses and Damage upon entering this port from two English Ketches which were going out and collided with them Deliberateiy; as a result of the jolts they mutually experienced in the collisions, several Leaks appeared which will have to be stopped and will require considerable repairs; for all of which they protest both against the Masters of the English Ketches and against all others whom it may concern for all general losses and damage which His Ship and His two prizes may have Suffered or may Suffer hereafter; reserving all his rights, titles, reasons and actions to give them just weight at times and in places, also to make a broader statement if necessary; of which statements and declarations he requested a copy which we gave.him, and that it be verified by the principal members of his Crew, and which document &ca he signed with us and with said Interpreter by whom he was helped. Signed: Gustavus Cunningham, Francis Coffin, Coppens d'Flersin, Coppens and Destouches.

On the same Day and year as above before the aforementioned Officers then appeared John Hall, Master, and Matthew La Cother, Third Lieutenant, on board the ship Surprise, who after Swearing to tell the Truth, and after the Reading and Interpretation were done from french to English of the declaration aforesaid of said Captain Cunningham by said Mr Francis Coffin, interpreter of this Court, said and stated through him that it is Honest and Truthful in all its Content, Circumstances, and appendages, and that they are neither related to or associated with said Captn Cunningham; of which statements and declarations they requested a copy which we gave them and they signed with us &ca