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 Nathan Cushing Esquire, Judge of said Court, on Fryday the twenty seventh Day of June in the Year of our Lord one thousand seven hundred & seventy seven

Which Brigantine and Appurtenances, the said Mackay & Adams, in their said Bill, aver'd, were, at the Time of said Caption, the Property of & belonging to some of the Subjects of the King of Great Britain other than the Inhabitants of Bermuda, New Providence and the Bahama Islands, and was then employed by the Enemies of the united States of America, By Means whereof and by Force of the Laws of this State and the Resolves of the Continental Congress in such Case provided, the same Brigantine, her Cargo & appurtenances (the Proponants further said) are forfeit & to be distributed to and among the Captors and others concerned therein, Praying Advisement in the Premises and that, by a due Course of Proceedings, the same Brigantine and appurtenances may be decreed to be and remain forfeit & distributed as the Law directs—

And the Time & place of Trial having been duely notified, the said Proponants appear. And Richard Derby junr Esqr agent, within the said District, for the State of Massachusetts-Bay, by William Wetmore Esqr his attorney comes into Court & (his Claim having been duely filed) in behalf of said State, claimeth the said Brigantine, her Stores, Guns, Arms, Boat & appurtenances — and saith "that no Condemnation of the said Brigantine &c hath been had by the Enemy — & the same Brigantine &c before the Capture thereof were and now are the Property of the Government and People of the State aforesaid & not liable to Forfeiture" and prays that the one half of what she, her Stores, Guns, Arms, Boat & appurtenances may sell for, be restored & paid to him the said Richard, for the Use of the said Government and People, after deducting the Charges of Trial and Sale from the Proceeds of the said Brigantine &c 

And after a full Hearing of the Proponants and the Claimants (by their respective Counsel) the Bill aforesaid of the Proponants and the Claim of the said Richard Derby are committed to a Jury duely returned and impannelled &sworn to return a true Verdict thereon according to Law and Evidence. Which Jury are John Coburn, John Woods, Elisha Gardner, Joshua Boylston, John Hooton, David Williams, John Champney, Thomas Parker, William Bosson, Francis Archbald, John Bennet, Benaiah Perkins. Who return their Verdict to the said Judge & upon their Oath say "that the said Brigantine & her appurtenances, Stores, Guns, Arms &Boat were the Property of the Government and People of this State of the Massachusetts Bay and were taken by the Enemy and were in the Enemy's possession more than ninety six Hours and then no Condemnation thereon being had, was retaken on the high Seas, to wit, the tenth Day of February last, by Capt William Brown Commander of the Ship Boston and his Company & brought into the middle District of this State; and thereupon the Jury determine that one half of the neat Produce of said Brigt Stores, Guns, Arms, Boat and appurtenances be to the Recaptors & others concerned there in and the other half to this State of the Massachusetts Bay."

And thereupon, It is, by the said Nathan Cushing Judge as aforesaid, considered and decreed that the said Brigantine Independance with her Stores, Guns, Arms, Boat and appurtenances be sold at public Vendue; and that the Monies thence arising, after deducting the Charges of Trial & Condemnation being eigh[t] Pounds fourteen Shillings &three pence and the Charges of Sale, be delivered, to wit, one half thereof to the Recaptors aftersaid, their agents or attornies, for the Use & Benefit of such Recaptors & others concerned therein; and the other half thereof to the said Richard Derby for the Use of the Government & People of the Massachusetts Bay.