165. Record of Trial (Libel, Bill of Sale, Owner’s Letter, Bills of Lading, Declaration, Affidavit, Portledge Bill, Depositions). June 11, 1741.[1]

At the Court of Vice Admiralty held at Philada. for the Province of Pensilvania the 11th day of June in the fifteenth year of the Reign of our Sovereign Lord King George the Second, Annoque Dom'i 1741.[2]

Before the Hon'ble Andrew Hamilton, Esqr., Judge of the said Court.

A Libel exhibited by John Sibbald[3] formerly Lieut. now Capt. of the Sloop of War named the George was read in these words.

John Sibbald, now Captain and Commander of the Sloop of War named the George, of the Burthen of Fifty Tons, mounted with twenty-four guns and now riding at Anchor in the Port of Philadelphia, gives the Court here to understand and be informed, That the Sloop afd. was equipped, victualled, fitted out and armed at the proper Costs and Charges of himself and others, owners of the said Sloop, Inhabitants of this Province and Subjects of his present Majesty George the Second, King of Great Britain, France and Ireland, Defender of the Faith, etc. and that Seth Drummond, late of Philada., Mariner, deceased, then being Captain and Commander of the said Sloop, was on the eleventh day of Octr. one thousand seven hundred and forty duly authorized and commissioned with the same Sloop as a Vessell of War or Privateer to Take, Seize, make Prize of or destroy any of the Ships, Vessells, Goods or Effects of the King of Spain or belonging to any of his Vassells or Subjects or others inhabiting within any of his Countrys, Territories or Dominions.[5] That He the sd. Seth Drummond, being so authorized and Commissioned with his Marriners, Sailors and Soldiers on board the said Sloop, afterward (that is to say) Between the first day of January in the year of our Lord one thousand Seven hundred and forty[6] and the first day of April one thousand Seven hundred and forty one, on the High Seas and within the Jurisdiction of this Court did discover, pursue, apprehend and as lawfull Prize did take from the Subjects of the said King of Spain and others inhabiting within his Countries, Territories and Dominions who then were and still are the open and declared Enemies of his said Majesty King George, One Vessell commonlly called a Snow of the Burthen of Eighty Tons or thereabout, and one Cannoe, with their Tackle, Furniture and apparel, together with the Ladings of the sd. Snow and Cannoe, consisting of One hundred and Seventeen Pipes, Ten Hogsheads and two Quarter Casks of Wine the growth and Product of the Island of Teneriffe, one of the Territories of the said King of Spain, fifty and Six marble Mortars and nine dropping Stones, and two Negro men, which Snow, Cannoe, Wine and Negro's, Mortars and Stones, at the times of their several Captions were belonging to and the Right and property of the Subjects of the said King of Spain and others inhabiting within his said Countries, Territories and Dominions, who were and are the open and declared Enemies of his said Majesty King George. Wherefore the sd. John Sibbald, for himself and the other Owners of the sd. Sloop, prays this hon'ble Court, the premises being proved, That the sd. Snow, Wine and Negroes may be adjudged and condemned for the Use of the Owners of the sd. Sloop and other the Captors aforesd. as lawfull Prizes and Purchase of War according to the Laws Marine, Laws of Nations and Customs of War.

John Sibbald.

Whereupon Proclamation was made, If any one hath ought to say why the Snow, Wines, etc. in the sd. Libel ment'd ought not to be condemned as lawfull Prize, let them come forth and they shall be heard. And none appearing to do this, The Court adjourned till Saturday the 13th inst. at 10 o'clock.

June 13th. The Court met.

The Libel read and Proclamation made a second time and Juan Milidony, the late Master of the said Snow, being sent for comes into Court, and John Jordan and Patrick Orr, Persons well skilled in the Spanish Language, were sworn faithfully to interpret between the Court and the sd. Milidony as also faithfully and truly to translate all such Papers relating to the Capture and Prize aforesd. as shall by the direction of the Court be laid before them for that purpose, as well on the Part of the Captors as on the Part of the Claimers if any such shall appear.

The Judge then informed the said Milidony of the Mode of proceeding to be observed by the Court and ordered all the Papers taken in and with the said Snow to be produced. Which being done, notwithstanding the sd. Milidony did not offer or give the Security required of a Claimer by the Act of Parliament, The Judge permitted him to view and point out any Papers he pleased in order to satisfy the Court that it was no lawfull Prize; which he did without alledging or so much as insinuating the Loss or Embezilment of any Papers.

The Judge then directed that the Preparatory Examinations should be taken, and translations made of the material Papers in order for Tryal.

Accordingly June 23d, the Proofs being prepared,

The Court met

The Libel read and Proclamation made a third time. William Dowell,[7] Sworn, says That upon the Death of Capt. Drummond he succeeded as next Officer in the Command of the George and took possession of the Prizes Papers and that he hath exhibited the same all into Court without addition, subduction or Embezilment to his knowledge.

Then the Proofs were exhibited as follows, viz.

1. A True Translation from Spainish to Inglish of Mr. John Malidoni's Bill of Sale of the Snow Princess of Orange—

Be it Knowen that I John Melidoni, of the Dutch Nation, residing in this Village and Port of Sta. Cruz de Teneriffe, Grants and a[c]knowledges by this prest. Bill of Sale that I do now and forever really and effectually from hence forward sell and bequeath unto Mr. Peter Doscher, junr. of said Dutch Nation, Mercht. in this expressed port, To and for him and whomsoever he may represent, a Dutch[8] Snow named the Princess of Orange, burdening (a little more or less) one hundred Tuns, with her Masts, yards, Cables, Rigging, anchors and other adherences or Necessarys that shall be found on board of her and contained in the Inventory that I have delivered to the Buyer, which are my property and free from Mortgages and other Ingagements, which I came by and bought after the Conclusion and end of a Process which was carried on in the Court of Admiralty before Mr. Peter Joseph Ferrer, one of the Notary Publicks of this Island, Sub-delegated by the intendent General of Marine in Cadiz, first officer of said Admiralty Court,[9] as appear by a Certifacation thereof, to which for the firmness of this Instrumt. (this day dispatched at my request) I reffer. this I do for the Condsid[er]ation and price of one thousand and five hundred Dollars Exrs.[10] of eight royals of plate each, and In conformaty to an agreemt. concluded between us for sd. Snow, and I do hereby acknowladge the said Buyer has given and paid me the above mentioned Sum in ready usefull Currt. mony of this Island, and whereas sd. money's are really and Effectually in my Possession and were not Delivered me in the Presence of a Notary Publick that he might give faith thereof, I Confess myself to be contented, Satisfied and to have my intire Satisfaction, reced. Said Sum, and therefore revokes and renounces the Laws of Delivery's, Payments and all others that might be in my favour, and for the Said Sum of one thousand five hundred Dollars I do here in due form give him my full recept and aquittance. I declare them to be the just Valuation and true Price specified in sd. Inventory of Sd. Snow and all annexed and appertaining to her. And I further Declare, that they are not worthe more, and that if at prest. or at any other time they should be seen and Deemed to be of greater Value, be it much or little, I do hereby freely and actually give and bequeath it to said Byer and his heirs, and renounces all rights and titles thereunto, and all Laws and Customs that might give me any right or Title to them, and so resignes the whole Propertey I had in them and Transfer it unto him the said Buyer and his heirs, that he, they or any other Person he shall name, may administer, owne and Govern her as he shall think Proper, and I give him full power and faculty to comprehend his Possession when and as he pleases, and untill he takes it I constitute myself the Possessor, ready and willing to Deliver whenever he shall demande her; and as the real Seller of Said Snow, I oblidge myselfe, personal Estate and moveables that I Possess or may hereafter Possess, for his Peacable Possession of her, and I give his Majesties Justice and Judges full Power to oblidge me so to do, and that with the Same authority as they can do in Cases and Causes already Sentenced. And I again renounce all the Laws and Customs in my favour and makes this Bill of Sale in due form in this Village and port of Sta. Cruz de Tenerife the 13th December 1740. The maker of this Instrument that I the Notary Publick, do give faith, Knows, and that he Sayed, I freely Grant and Sign this in the presance of the Witnesses Don Arnoldo Vane Stemfort, Consul General of said Dutch Nation in this Island,[11] Peter Dufourd and John Anthonay Ganancho, all Livers in this Village. John Melidoni's, made before me Joseph Vianes de Sales, N. Publick. Agrees with its original made in my office and remains in my Register, to which reffers and Sign

In Testimony of the Truth

Joseph Vianes de Sales.
N.P.

We underwritten Certify that Joseph Vianes de Sales, before whom it appear the above Instrument was made, is a Notary Publick of this Village, and that faith and Credit is and has been given to him and his Instruments and we now give testimony of the Same.

2d. A True Translation of Mr. Peter Doscher's jun's. Letter wrote in French from Sta. Cruz de Teneriffe To Mr. Mestre in Curacao, viz.

Sta. Cruz de Teneriffe, the 7th Ocbr. 1740.

Mr. Mestre.

Sir,

The Bearer hereoff by Gods assistance will be Capt. John Melidoni, Commander of the Snow Princess of Orange, which I take the Libertay to address you with her Cargo and here Inclosed you'l find Invoice and Bill of Lading for the Same made in your favour, or in your absence to Messrs. Rodier and Le Cire, and I beg of you, Sir or Gentlemen, that you will be Pleased to make the most you possibly can of them. this is for a Tryal and if it Turns to Acct. shall Continue more Largely hereafter.

The 50 pipes marked A.R. are Numbred on there heads from No. 1 to 50, and are made wines to Imitate those of Madera's, and are in Cask of the Same Largeness and Fabrick and I asshure you of a good Quality. The 30 pipes marked V.P. are on the Lies;[12] they are the wines we Call heare Vidono,[13] there pipes larger then those of the Maderas. I beg you'l procure me the best Sales you Possibly can for the whole 80 pipes; be it eather for Mony or in barter of some other goods that may be Pres[en]ted and without Limiting you to any Thing, for I am Confidant you will have my Interest at heart as if your own. Pray Open a Seperate Acct. for the 30 pipes marked V.P., for Possibly I may Resign the Amount of them over to an other person, but in that case you'l be Pleased to Detain 450 Dollars in your hands for there freights at the rate of 15 Dollars each Pipe and 5 p. Ct. more for the Average[14] on the freight of them, that you'l please to pay the Capn., that is to Say only the Meer 5 p. Ct., for the 450 Dollars must be Clear of all Charges, and that altho they Came to hand full or Empty. if they Sell for Money must deliver the Money, if in Barter deliver the Comoditys you barter them for, not omiting to detain there freights and joyining it to the Acct. of the 50 pipes.

The remainder of the Cargo belongs to the Capn. here Inclosed you'l find a writing or Bill of Sale made before a Publick Notary of the Vesels being Sold to me, which I Judge proper to Send that no Difficulty's may arise in the Sale of the Vessel, and for that end I also Enclose you my power of Attorney, that you might act as you Shall Judge Proper and in Vertue of them I beg you'l Please to use your outmost indeavours to Dispose of her. She Cost me, put to Sea, 2000 Dollars, however you may Let her go if can do no better for 1300 Dollars or less, if the Capn. is willing; altho it appears as if She belonged entirely to me, he's half concerned in her so that you'l Please to act in conformity with him in Sale of her. if you Sell her pay him his half of the neat Produce of what she sells for, and the other half must be joyned to the Neat proceeds of the 50 pipes before mentioned, and to make one Acct of them. Pray also pay Said Capn. 195 Dollars and no more for the difference of freight due to him according to our Contract.

Supose you cannot Possibly Sell the Vessel (which I again Earnestly begg you'l indeavour to do) must then Procure her a freight and Partly load her out of the Neat Proceeds of the wines and procure the residue of her Cargo from your friends. in this Case you and the Capn. will be Pleased to contribute Each one half of the Charges the Vessel will be at to Set her out to Sea, not omiting a Passport from your Governor[15] Such as he now has from the Dutch Consul here. you are to give the Capn. necessary instructions for his Voyage. if it Should be for Amsterdam, you must address both Vessal and Cargo to Mr. Petter Doscher, and if for any other Port may Consigne her to whom you Please, ordering the Produce of both freight and Effects to be remited to Said Mr. Doscher of the Capital you intend to Passe into his hands that he might if Should be thought proper cause it to be Insured. if the Capn. Should die in the Passage (which God forbid) you must then after the arrivall of the Vessell put in one to your Satisfaction and also procure the Sale of his 45 pipes of Malvasia[16] and Vidono wines, and Remit there Neat proceeds with a Seperate Acct. to said Mr. Doscher, and in Case I should not resign over the Amt. of the Said 30 pipes V.P. you must also remit there Net proceeds and a Seperate Acct. to said Mr. Doscher, and joyn the 450 Dollars to the Acct. of the 50 pipes. You are to pay one half of the mens wages and the Capn. the other half, deducting what they have recevd. as p. Said Cap's. Catalogue. In short, altho I notte you all these Circumstances yett I beg your Principall imply[17] may be in the Sale of the Vessel for as much as she will fetch, and Persuad the Captn. that it is his Interest if he rightly Considers the Charge of Victualing and seting her out for a Voyage to Holland, to which I begg your Particular attention.

Enclosed you'l find a notte of what the mens wages amount to monthly and so also a paper in Vertue of which you'l make the Capt. pay you 120 Dollars. I begg you'l Lett me know via Holland or per first Opertounaty the Success of this Enterprise. interim I remain with Humble Submission

Sir

Your Most Humble and obt. Ser't,
P. Doscher, Junr.

3d. Invoice of the following pipes of Wine laden for my acct. and risque to the Island of Curacao upon the Dutch Snow called the Princess of Orange, Cap. John Melidoni, and to the Consignation of Mr. Mastere, In his absence to Messrs. Rodier and Lecier Dwelling there, Markt as in the Margent—

Sta. Crux, Theneriffe, 16th Xber[18] 1740.
Errors Excepted

P. Doscher, Junr.

4. Translation of one Bill of Lading, viz:

I John Mellidoni, Master under God of my Ship named the Princess of Orange, now Laying ready at the Island of Theneriffe, to sail with the first good and fair Wind God shall Send, to Sail for the Island of Curacao, where my rightfull discharge is to be.

I acknowledge to have recd. under the Deck from you, Mr. Peter Doscher, junr.

M.R. Fifty pipes of wine

V.P. Thirty pipes of wine, all Dry and well conditioned and marked as in the Margent, all which I promise to deliver if God Grants me a Safe Voyage with my Ship at Curacao aforesaid, to Mr. Mestre, and In absence to Messrs. Rodier and Lecier, or to his Factor or Deputy, paying me for the freight thereof according to agreemt., with avaridge according to the Custom of the Sea, and to fulfill what is aforsaid, I bind my Selfe, all my goods, and my said Ship, with all her apparell. In testimony whereof I have Sign'd 4 Bills of Lading with my name, or my Clerk in my behalf, all of one tenour, one whereof being fullfil'd the other to Stand void. written in Sta. Crux upon the Island Theneriffe the 16th Xber 1740.

Insides and Contents unknown.

Jan Milidony.

The Translation of the Substance of 2 other Bills of Lading viz—

1st.

All Shipped By Capn. John Milidoni on bourd the Dutch Snow Call'd the princess of Orange, whereof he is Mr. and are for his proper Acct. and Risk, Consigned to himself, in his Absence to Mr. Mastre and in the absence of both to Messrs. Rodier and Le Cire In Curacao.

2d.

All Shipped by Capn. John Milidoni on board the Dutch Snow Called the Princess of Orange whereof he is Mas'r. and for Acct. of the new Company in Venice[20] Consign'd to himselfe, in his absence to Mester, and in the absence of both to Messrs. Rodier and LeCire in Curacao.

5. Translation of Anthony Pereda's Declaration.

Declaration of Anthony Pereda Stower of the first that was loaded on the Ship Princess of Orange for account of Andrew Jayme born in the City of Laguna[21] Eighteen or Twenty Pipes of wine, Secondly Mr. Stephen Pereda has loaded for his Acct. thirty pipes of wine, born in the City of Laguna I can Swear under my hand 11th of February 1740.

Anthony Pereda.

6. Translation of a Spanish paper Signed by The Spanish Seaman.

This we write to Declare that the Snow called the Princess of Orange and the Cargoe belongs in truth to the Spainish Merchants, and the Dutch Pass and Colours were only for a pretext in the affair; for which we have Set our names in testimony of the Truth upon Oath declaring to be forced neither by the Capn. nor any of the officers nor by imprisonment, one the contrary have been well used. Eleventh of February 1740.

Gaspar Fajardo.
John Gonsales Yanes.
Vincent Antonio.
Francis Rodrigues.
Francis Tabiel.
Antonio Pereda.

7. The affidavit of the Spanish Sailors taken before James Abercromby, Judge Advocat to the Army before Carthagene.[22]

This day personally appeared before me Captain Seth Drummond of Philadelphia and Commander of a Privatteer Sloop Called the George bringing along with him three Spainards Called Geronimo Faxardo, francisco Roderigues, and Antonio Pereda, who being duely Sworn by the Siegn of the Cross, being the manner of their Nation, do Depose that on the Twenty fourth of February last past, New Stile, a little to leward of the Island of Aruba,[23] in the West Indies, they being in a Snow come from the Island of Thenerife called the Princess of Orange and Commanded by Capt. John Melidoni Loaded with wine, were taken by the above Capt. Drummond and they further Depose that notwithstanding their Said Captain Melidon had a Dutch passport and wore Dutch Colours yet in reality the Said Snow and her Cargo did belong to Spainish Merchants in the Said Island of Thenerife, and that they had no Dutch man on board, on the Contrary all the Crew were Spainards except the Said Captain, the Mate, and the Boatswain, and this They Depose by the Interpretation of David Campbell, Commisary of the Stores of war and provisions in the Brittish army before Carthagena; being for this Effect duly Sworn. Dated at the Camp before Carthagena this Sixth Day of April one thousand Seven hundred and forty one and of his Majesties Reign the fourteenth.

Sworn before me James Abercromby,

Judge advocat to the army before Carthagene.

Geronimo Faxardo.
his
Francisco X Roderigues.
mark
Antonio Pereda's mark X
David Campbell.

8. Translation of the Portlidge Bill[24] from the Spanish.

Catalogue of the mens names and their monthly wages

each month ps. 8/8, 130 and on acct. have received 174 Dollars as
p. Capn. Acct.

9. Court of Vice Admiralty
Pensilvania.

Gaspar Fajardo a Native of the Island of Teneriff part of the Territories of the King of Spain and one of the Mariners taken on board the Snow called the Princess of Orange, being Solemnly Sworn by Sign of the Holy Cross according to the manner of Adminstring oaths in Courts of Justice within the Kingdom of Spain, Deposeth and Sayeth

That last year He sailed from the Havana and arrived at the Said Island of Teneriffe sometime in the month of August last past. That upon his arival, he was hired by one Captain John Melodny late Commander of the Said Snow called the Princess of Orange and one Andrew Haymas a Native of the Said Island of Teneriffe to go a Sailor on board the Said Snow then rideing at anchor at the Said Island. That he was informed the Said Snow was built at Dublin in Ireland and that she with another Vessell was cut out of the Road of Santa Cruz on the Coast of Barbary[25] by a Spainish Privateer, brought into the Said Island of Teneriffe, and Condemned as a prize taken from the Subjects of the King of Great Britain and there Sold to the Said Capt. Milodony. That he sailed in the Said Snow from the Said Island in about two days after his arrival there from the Havana for the Island of Curacoa; but missed that Island, and fell in with the Land of Cora[26] and came to an anchor there. That perceveing the people on Shore to be in some Confusion the Master let fly a white Sheet with some red rags Sewed thereon in form of a Spanish Ensign;[27] and then the Said Capt. Melidony went on Shoar. That the Sailors saying they wanted victuals the said Capt. Melidony went up to the Town to the Governor or Chief magistrate and Sold him Four Quarter Casks of wine and recived for it about Forty Dollars. That the Said Capt. Melidony got some provisions there and afterwards returned on board the Snow.

The Deponent being asked what Cargo was on board the Said Snow and to whom the same did belong, He saith that the Snow was loaded with wines at the said Island of Teneriffe, and that Antonio Pereda a Sailor on Board the Said Snow who had received the Said wines on board and Stowed them in the Vessell frequantly after the takeing of the Said Snow informed him that eighteen or Twenty Pipes of the wine belonged to the aforesaid Andw Haymas, and that one Stephen Pereda a Spainard born as he beleves on the Island of Teneriffe aforesd. owned twenty eaght or thirty Pipes of the Said wines. That the first Information he received concerning the Said Andrew Haymas and Stephen Peredas owning those wines was after takeing the Said Snow and from the Said Antonio Pereda who upon Examination by the Commander of the Privateer called the George, freely and without any forse or Compulsion confessed that So much of the wines as are above mentioned, of his own Knowladge did belong to the Said Andrew Haymas and Stephen Pereda.

And this Deponant furthar saith, the paper now Shewn and read to him marked No. 8[28] Signed by himselfe and Six other Spanish mariners, was Signed by them freely and without Compulsion and contains nothing but Truth to the best of his Knowledge.

That he heard the paper marked No. 11[29] now Shewen and read to him and read to the Said Antonio Pereda who in the presance of the Deponant freely and without any Constraint signed the Same and Declared the Contents thereof to be true.

And the English Deposition marked No. 8[30] being likewise Shewen to this Deponant and the Contents thereof explained to him by an Interpreter duly Sworn and qualified for that purpose,

He deposeth and Saith, That he with the other Deponents in the Said Deposition named did before James Abercromby in the said Deposition named make oath to the truth of the Contents of the Sd. Deposition and did Sign the Same in the presence of the Said James Abercromby freely and without Compulsion and further Saith, the Said Deposition contains nothing but the Truth to the best of his Knowledge and Belief.

Gaspar Fajardo.

10. Court of Vice Admiralty
Pensilvania.

Francesco Rodrigues a Native of the Island of Teneriffe and one of the Mariners taken on board the Snow Called the Princess of Orange being Solemnly Sworn by the Sign of the Holy Cross according to the manner of administring Oaths in Courts of Justice within the Kin[g]dom of Spain Deposeth and Saith

That he saw the Said Snow sold as a prize at the said Island of Teneriffe to Capt. John Milodony by order of Some Court there, but the particular time of the Sale he cannot Remember, That He was Shipped as a Sailor on board the Said Snow by the Said John Milodony and one Andrew Haymas, a Spainard and Inhabitant of the said Island. That the said John Melodony cairried this Deponant and three other Sailors belonging to the Said Snow to the House of the said Andrew Haymas in the said Island to receive advance wages on the Intended Voyage and that there the said Andrew Haymas did pay this Deponent nine Dollars for such wages and gave him a Note to pay nine Dollars more to the Deponant's wife, and then did pay the advance wages to the other three Sailors, all of which was done in the presance of the said John Melidony and that the Said Andrew Haymas was on board the Said Snow at the time of her Sailing from the Said Island of Teneriffe; and this Deponant further Saith, that after their Departure from the Sd. Island on their voyage to the Island of Curacoa, they missed the said Island of Curacoa and made the Island of Tobago[31] which the Pilot said was to windward of Curacoa. That they went from thence and fell in with the Land at Cora where they came to an Anchor. That the people on Shoare appearing to be in some Confusion, the Capt. Melidony hoisted a white Sheet with some red Rags sewed thereon in form of a Spanish Ensign, which Seemed to appease the People, and then the Captain went ashore in his Boat and got some Provisions. That they afterward left Cora and fell into Leeward of the Island of Aruba where they droped Anchor at some distance from the Shoare and were there taken by the Privateer Called the George. And this Depont. further Saith that in their Voyage the Sailors on board the Said Snow did Sometimes express their Fears of being taken by an English Privateer and that the Said Capt. Milodony bid them not to be afraied for he had got a Dutch Pass and Dutch Colours. That when Capt. Melidony's Sailors who were going ashore with him in the boat to the Said Island of Aruba, saw the Said Privateers Boat going on board the Said Snow they asked him what Signified his Dutch Pass and his Dutch Colours if that should be an English Privateer, to which he answered, be not afraied for my Pass and Colours will bring us off, or Save us, and this Deponent being asked what Cargo was on board the Said Snow and to whom the Same did belong, he Saith, that the Snow was loaded with wines at the Said Island of Teneriffe and that Antonio Pereda a Sailor on board the Said Snow who had received the Said wines on board and Stowed them in the Vessel, frequently after the takeing of the Said Snow informed him, that eighteen or Twenty Pipes of the wine belonged to the aforsd. Andrew Haymas, and that one Stephen Pereda a Spainard born as he belives on the Island of Teneriffe aforsaid owned twenty-eight or Thirty Pipes of the Said wines. That the first Information he received concerning the Said Andrew Haymas and Stephen Pereda's owning those wines, was after takeing the Said Snow and from the sd. Antonio Pereda who upon examination by the Commander of the Privateer Called the George, freely, and without any Force or Compulsion confessed that So much of the wines as are above Mentioned, of his own knowledge, did belong to the Said Andrew Haymas and Stephen Pereda.

And this Deponant further Saith that the Paper now Shewn and read to him marked No. 10,[32] signed by himselfe and Six other Spanish mariners was Signed by them freely and without Compulsion, and contains nothing but Truth to the best of his knowledge. That he heard the paper marked No. 11,[33] now Shewn and read to him, read to the Said Antonio Pereda who in the presance of the Deponant freely and without any Constraint signed the Same and declared the Contents thereof to be true. And the English Deposition marked No. 8[34] being Likewise Shewen to this Deponant and the Contents thereof explained to him by an Interpreter duely Sworn and qualified for that purpose, He Deposeth and Saith, That He with the other Deponants in the Said Deposition named, did before James Abercromby in the same Deposition named, make Oath to the Truth of the Contents of the Said Deposition, and did Sign the Same in the presence of the Said James Abercromby freely and without Compulsion, and further Saith, the Said Deposition contains nothing but the Truth to the best of his knowladge and Belief, and this Deponent further says that the forementioned Snow Princess of Orange was navigated by Seven Spainish Seamen besides the Captain the Pilot and one Seaman being Irish and one native Frenchman who was most of his life in Teneriff, That the Paper now Shewn to him marked A.[35] contains the names of the Said Seamen and the Deponent verily belives is of the handwriting of the for said Andrew Haymas.

his
Francisco X Rodrigues
mark

And it appearing from the whole Tenor of the Evidence, that the Said Snow and her Cargo, were at the time of the Capture, the Property of Persons residing in the King of Spain's Dominions, viz. at Teneriff and Cadiz

It is considered by the Court That the said Snow Princess of Orange, Wines, and all other her Cargo, are, and hereby stand Condemned as lawfull Prize.

Pat. Baird, Regr.[36]