Province of New York
Court of Vice Admiralty
To the Worshipfull Robert Bayard
Esquire Judge of the Court of
Vice Admiralty for the Province
of New York
Tyringham Howe Esquire Captain and Commander of his Majesty's Ship of War the Thames who as well for himself as for the other Officers and the Crew of the said Ship and all others interested therein in this Behalf prosecutes comes here into this Court of Vice Admiralty this Twenty fourth Day of September in the Year of our Lord One Thousand Seven Hundred and Seventy seven, and as well for himself and the said Officers and Crew of his Majesty's said Ship of War and all others lawfully interested therein as aforesaid gives the Court here to understand and be informed that on or about the Twenty Sixth Day of April now last past near Cape Charles the said Cape being Part of the Colony of Virginia herein after mentioned on the High Seas and within the Jurisdiction of this Honorable Court he the said Tyringham Howe with his Majesty's said Ship then under his Command did pursuant to the Statute in such Case lately made and provided seize and take a certain armed Brigantine or Vessel called the Rawleigh of the Burthen of about One Hundred and Thirty Tons mounting Ten Carriage Guns and otherwise fitted out in a warlike manner then under the Command of one Edward Travis together with her Apparel and Furniture and hath brought the same into this Port of New York in order to have the same legally adjudged. — For that the said Armed Brigantine or Vessel and the Apparel and Furniture thereof and every thing on Board the same Vessel seized and taken as aforesaid at the time of the said Capture and Seizure belonged to some Person or Persons, Inhabitants of the Colonies of New Hampshire, Massachusets Bay, Rhode Island, Connecticut, New York, New Jersey, Pensylvania, The Three lower Counties on Delaware, Mary land, Virginia, North Carolina, South Carolina, and Georgia, or of some or one of the said Colonies. Whereby and by Force of the Statute in such Case lately made and provided the said armed Brigantine or Vessel with her Apparel and Furniture is become forfeited to his Majesty, as if the same were the Vessel and Effects of open Enemies. And by Reason of the Premises and by Virtue of the said Statute in such Case lately made and provided the sole Interest and Property of and in the said Brigantine or Vessel with her Apparel and Furniture and every thing on Board the said Vessel, liable to Forfeiture as aforesaid (the same being first adjudged lawful Prize pursuant to the Statute aforesaid) is granted to and vested in his Majesty's Flag Officers commanding in his Fleet in North America the said Tyringham Howe who for and in Behalf as aforesaid prosecutes for the same, and in the other commissioned Officers of his Majesty's Said Ship of War and the Seamen Marines and Soldiers on Board the same to be divided among them in such Proportions and after such Manner as his Majesty hath been pleased to direct by his royal Proclamation in pursuance of the said Statute in such Case lately made and provided. Wherefore the said Tyringham Howe for and in Behalf as aforesaid humbly prays that by the Decree and Sentence of this Honorable Court the said armed Brigantine or Vessel The Rawleigh her Apparel and Furniture and every thing on Board the same liable to Forfeiture May be adjudged and condemned as lawful Prize2 pursuant to the said Statute in such Case lately made and provided to be divided as aforesaid among the Captors and all others lawfully interested therein by Reason of the Premises.
(Exd)
Kempe Proctor for the Libellant