Printed prize appeal from the High Court of Admiralty. Captured ship: Little Porgey...

Printed prize appeal from the High Court of Admiralty.

Captured ship: Little Porgey (master John Browne).

History: a British Bermudan merchant ship (brigantine) bound from Bermuda to London, laden with Spanish indigo, mahogany, logwood, coffee, staves, taken on 13 August 1778 in latitude 49°23'N, about 40 leagues from the Isles of Scilly by the American privateer Oliver Cromwell of Salem (Thomas Simmons commanding), and sent in for Salem. Meanwhile the Oliver Cromwell had taken a brig Joannah, bound from Weymouth to Newfoundland, and sent off several captured British seamen in her, who came into Portland; John Browne went to London to report the capture of the Little Porgey. On returning to Bermuda, he found that the Little Porgey had been judged in Boston, Massachusetts, and restored as Bermudan property. Browne collected her from Boston, sailed to London and thence to Dartmouth where the ship was detained in November 1779 by customs and excise for costs and charges.

Appellant: John Brickwood merchant of London, and the master on behalf of certain inhabitants of Bermuda, faithful subjects.

Respondent: Daniel Shath, the Collector, and John Browne the Controller of HM Customs at Dartmouth.

Bound printed appeal with manuscript decree of 15 March 1781.

Folios 353-397v, comprising folios 353-358v: case on behalf of the appellant; folios 359-378v: appendix to the appellants' case; folios 379-383v: case on behalf of the respondent; folios 384-397v: appendix to the respondents' case.

Session of Thursday 15 March 1781, in the Council Chamber, Whitehall: sentence recorded in manuscript on folios 383-383v:-

• Present: Henry, Earl Bathurst, Lord President of the Council; Earl of Sandwich; Earl of Clarendon; Sir John Eardley Wilmot; Sir Thomas Parker; Sir Richard Worsley.
• Little Porgey, John Browne master. C Bishop. Gostling junior. For sentence on the second assignation and informations.
• "The Lords having heard the proofs and counsel on both sides and having maturely considered the case by their interlocutory decree reversed the decree of the judge below and pronounced the ship and goods to have belonged to inhabitants of Bermuda British subjects as claimed and decreed the proceeds of the sale of the said ship and goods to be paid to the claimants and their lordships pronounced there was good cause for seizure of the said ship and goods and condemning the claimants in the costs of the captors in the court below"