Colony of New Hampshire Rockingham ss

At a Court Maritime held before the Honble Joshua Brackett Esqr at Portsmouth in the County of Rockingham for the Colony of New Hampshire on the twenty first Day of August Anno Domini 1776ー

The Information and Libel of Joshua Wentworth of Portsmouth in the County of Rockingham in the Colony aforesaid Esqr for and in behalf of the united American Colonies and also in behalf of the Officers Marines and Mariners of the three continental armed Vessels named Hancock, Lee and Lynch against the Brigantine named the Elizabeth her Cargo and Appurtenances being of the Burthen of about one hundred and forty tons commanded by Peter Ramsey ー the Libellant in behalf of said Colonies and of the Officers Marines and Mariners of said three armed Vessels Sheweth that John Manly Commander of the said continental armed Vessel named Hancock, Daniel Waters Commander of the said Continental armed Vessel named Lee & John Ayres Commander of the said Continental armed Vessel named Lynch with the Officers Marines and Mariners of said three armed Vessels did on or about the third Day of April A.D. 1776 (said three armed Vessels being then in the Service of the united Colonies) seize & retake, upon the high Seas and bring into the port of Piscataqua in said County the said Brigantine of about one hundred and forty tons Burthen then commanded by Peter Ramsey ー which Brigantine at the time of the Recapture thereof, was in the Possession of the Enemy & had been taken from Richard Hart of said Portsmouth Mercht late Owner thereof by some armed Vessel belonging to the fleet employed against the united Colonies and detained in their possession more than ninety six hours then next preceeding the time of her being retaken as aforesaid, Which same Brigantine at the time of the recapture thereof had on board a Cargo consisting of divers Good Wares & Merchandizes together with four Negroes ー which Cargo She was then carrying to the feet and Army employd against the united Colonies ー By means whereof by the Law of said Colony in such case made and provided the said Brigantine her Cargo and Appurtenances ought to be condemned ー Where-for the Libellant in manner aforesaid prays Process against the Premises and that the same may be condemned and disposed of as the Law directs ー William Jackson Wm and Jas Jackson, Samuel Austin, John Leverett, Robert Ruggles Samuel Dashwood, Cyrus Baldwin, Edward Keighly, Thomas Drowne, Samuel Whitwell, Adam Rupp, Richard Newton, Samuel Parkman, John Barrett and sons, Jona Williams, John Rowe, William Breck, Abigail Berry, William Burke, Francis Shaw ー Saml Ruggles, John Lowell Warden of old North, Benja Austin Mary Williams Nathan Frazier, Samuel Patridge James Jackson & Richard Hart also at the same time, put in their several Claims to said Brigt and part of her Cargo (as on file [)]. Whereupon after a full hearing of the parties by their Counsel learned in the Law, together with their respective evidences, the case was committed to a Jury duly sworn to try the same according to Law and Evidence ー who return their verdict and say ー "That the said Brigantine at the time of her being so taken had not before been made a Lawful prize of by the enemy, neither was she at that time carrying her cargo to and for the use of the fleet and Army employed against the united Colonies, & that the several claimants that have filed their claims in this Court for part of her Cargo, ought to have the same restored to them and that Capt Burk properly belonged to the fleet at the time of her being taken and that the Jury had no evidence respecting the Goods that were not claimed."

All which, being seen and understood by the Court it is considered and decreed by the Court that the said Brigt and so much of her Cargo, claimed by the several claimants as is mentioned in their claims on file be restored to them according to their respective claims, and that the claimants recover their legal Costs of Court from which decree and sentence of the Court the said Joshua Wentworth Esqr in behalf of the united Colonies and Captors pray'd an appeal to the American Congress ー which is granted Him he giving security to prosecute the same with Effect according to Law.²