e said) to go into
Rhode Island but refused the same and proceeded to Boston, where upon
her arrival the said Jeremiah Harimen was put out of possession of
her, and Thos. Smith, the Master, Caused her Cargo to be unloaded and
delivered and afterwards to be refitted, without the Least offering to
pay any Salvage, under pretence that the Master of the Spanish Mercht.
Ship after plundering the Brigantine gave the same to the said Thos.
Smith the Master.

Thereupon the Commr. and Owners of the English Privateer caused the
said Ship to be arrested in the Vice Admiralty Court of Boston to
Answer the said Salvage.

Pleas were given and Admitted and Several Witnesses Exd. on both
sides, and the Judge of Vice Admiralty dismissed the Cause without
giving any Salvage whatsoever, from which Decree it is Appealed on the
behalf of the Comr. and Owners of the said English Privateer.

_Observe._ By the Depo[sitio]ns of the Witnesses there Appears to be
some Variation relating to the Seizure of the Brigantine by the
Spanish Mercht. Ship. Thos. Smith, Master of the Brigantine, and his
Mariners Swear that the Spanish Mercht. Man after seizing and
plundering her gave him the Ship.

Jeremiah Hariman, who was put on board by the English Privateer in
Order to keep Possesn. of her, differs from them in his depo[sitio]ns.

_Q._[2] Are not the Owners and Comr. of the English Privateer intitled
to a Moiety of the said Brigantine and her Lading for Salvage by
reason the Brigantine was in Possessn. of the Spanish Privateer above
96 hours before she was retaken, and whether they have not Just Cause
of Appeal.

[Footnote 2: For query, on which the London agents of Freebody and
Norton (see doc. no. 154), or an admiralty proctor acting for them,
sought the opinion of eminent civilians at Doctors' Commons--Dr.
Strahan, Dr. Paul, and Dr. Andrews--for all the practitioners in the
admiralty and ecclesiastical courts were doctors, of the civil law
(D.C.L., Oxford) or of the civil and canon law (LL.D., Cambridge).]

If Capt. Norton, the Commander of the English Privateer, after having
retaken the Brigantine from the Spanish Privateer, had kept possession
of her, and Carried her safe into a British port, he and his Owners
would have been entitled to Salvage, According to the Directions of
the Act of Parliament. But as the Brigantine was afterwards taken by
another Spanish Ship, before she got into Port, and not protected
against the Enemy by Capt. No