On Tuesday the Eighth day of July One thousand seven hundred and Seventy seven Before me Peter John Heywood a Master Extraordinary in the High Court of Chancery and also Notary and Tabellion public dwelling in Whitehaven in the County of Cumberland by Royal Authority duly admitted and Sworn and in the presence of the Witness hereinafter named personally appeared Captain Joseph Hutchinson late Commander of the Sloop Jason of and belonging to the Port of Whitehaven in the County of Cumberland Burthen Eighty Tons or thereabouts (the Property of Samuel Martin of Whitehaven aforesaid Esquire) who declared that being with his said Vessel at the said Port of Whitehaven He sailed from thence the eighteenth day of June last in Ballast Bound for Saint Petersburg in the Empire of Russia That on Friday the Twentieth day of June following about half past Two oClock in the morning the Mull of Cantyre bearing East about four Leagues this Appearer was brought to boarded and taken by the Brigantine Lexington Henry Johnson Commander a Privateer from the Port of Boston in North America belonging to the Assembly styling themselves the Congress of America carrying Sixteen Guns and Eighty Men or thereabouts in Company with two other Privateers one called the Reprizal Lambert Wicks Commander or Commodore Carrying Eighteen Six pounders besides Swivels and One Hundred and Twenty Men or thereabouts and another Privateer Sloop belonging to the said Congress called the Dolphin Nicholson Commander and carrying Ten Guns and fifty men or thereabouts. That the said Captain Johnson after He had Seized the said Sloop and made Prisoners of this Appearer and the Rest of the said Crew being in Number — Six Men and Boys (including this Appearer) ,Carried this Appearer on board the said Vessel called the Reprizal that the People put on board the said Sloop Jason by the orders of the said Lambert Wicks in order to Carry her to France were all French Men and by the said Orders No American or English Subject was permitted to Go in or to Navigate the said Vessel That when this Appearer was first taken on board the Reprizal there were Sixty French Men or thereabouts then on board her who were chiefly sent off in the Prizes hereinafter mentioned with an Intention as He was there informed and verily believes to be true that they might Escape from being retaken by any of His Majesty's Ships of War or Ships carrying Letters of Marque. That the said Privateers had taken as this Appearer was informed by several of the Men on board the said Brigantine Lexington on the same day and also on the Twenty first Twenty second and Twenty third days of June following fourteen other Vessels belonging to his Majesty's Subjects Seven of which (including the said Sloop Jason) were sent to the Port of Nantz in the Kingdom of France and the Rest of the said Vessels were sunk by the Orders of the said Lambert Wicks That on the said Twenty third day of June about Nine oClock at Night, This Appearer together with One Hundred and Six other Prisoners were by the orders of the said Lambert Wicks sent on board a Brigantine belonging to the Port of Greenock in Scotland called the Crawford whereof one Alexander Alexander had been Master and was taken by the said Lexington Privateer abovementioned on the Twenty first day of June last and arrived in the Port of Whitehaven aforesaid on the Twenty sixth day of June following at half an Hour after two oClock in the Morning.
And therefore the said Appearer in behalf of himself and the said Samuel Martin did declare and protest and I the said Notary at his request do hereby Solemnly Protest against the said Privateer called the Lexington the said Henry Johnson and also against the said Lambert Wicks for taking Seizing and carrying away the said Sloop and also against every french Seaman or Mariner then on Board the said Privateers and every of them & also against every Court or Courts of Admiralty or pretended Court of Admiralty that shall or may pronounce adjudge or Declare the said Sloop with her materials and Appurtenances or any part thereof to be forfeited confiscated sold or disposed of and for all Losses Costs Charges Damages and Expences whatsoever that have been or shall or may hereafter Accrue Happen or Arise from or in Consequence of the Seizure or Capture of the said Sloop in manner aforesaid or to the Owner Mariners and freighters of the said Ship and of aught else that can or may be protested for that the same was occasioned as above mentioned and did not happen by or through any Neglect or Default of this Appearer or his said Ships Crew who per formed their Duty during the said Voyage nor by any Defect or Insufficiency of the said Ship. Of All Which Act being required of me the said Notary I have Granted these presents to Serve and Avail as occasion shall be and Require. Thus done and protested at Whitehaven aforesaid in the presence of John Finch a Witness hereunto required.
Joseph Hutchinson Witness Jn° Finch
Laurence Cannon Mate and Jonathan Mundywell Mariner on board the said Sloop severally make Oath that the Contents of the foregoing Protest made and Signed by the said Joseph Hutchinson are in every particular true and nothing but theTruth.
Laurence Cannon Jonathan Mundywell
Sworn the Ninth day of July 1777 Before Pet: Jno Heywood a Master Extrary in the High Court of Chancery
The above is a true Copy of the Original Protest on Record in my Office which after careful Examination I Attest Witness my Hand & Seal of Office this 9th day of July One thousand seven hundred and Seventy seven.
Ptr Jn° Heywood Noty public