h, who has deliver'd the
Cargo to the Owners and Freighters, to which he would have had as much
right as to the Ship. As the pretended Gift could transfer no
property, it could extinguish no right which had been acquir'd by the
_Revenge_, Except as to such part of the Cargo as was taken away by
the Spaniard. But the Owners and Company of the _Revenge_ are
intitled to a Moiety of the full Value of the Ship and Cargo, as she
arriv'd at Boston, without any Deduction, and I am of Opinion that
there is just ground of Appeal from the Sentence given in the Court of
Admiralty there.

J. ANDREWS.[6]

Copy.

[Footnote 5: "Within the places of safety", such as ports or fleets.
"Movable goods carried _intra praesidia_ of the enemy become clearly
and fully his property, and consequently, if retaken, vest entirely in
the recaptors. The same is to be said of ships, carried into the
enemy's ports, and afterwards recaptured". Bynkershoek, _Quaestiones
Juris Publici_, lib. 1, ch. 5.]

[Footnote 6: For Andrew; John Andrew, fellow of Trinity Hall, LL.D.
Cambridge 1711, chancellor and judge of the consistory court of the
diocese of London 1739-1747. He must have had a profitable practice,
for he left L20,000 to Trinity Hall.]

_154. Letters to Owner from London Agents. June 10, July 17, 1742._[1]

[Footnote 1: Massachusetts Historical Society. Such were the
uncertainties of transatlantic correspondence that letters were often
sent in duplicate, as here, where a copy of the letter of June 10 is
enclosed in that of July 17. The London agents of Freebody were the
firm of Wilks, Bourryau, and Schaffer, merchants.]

LONDON June 10th 1742.
Mr. John Freebody. Copy per Capn. Jones.

_Sr._

We have receiv'd yor. favours of the 7th and 11th Decemr. inclosing
sundry Papers and proceedings, relating to a Tryal in the Court of
Admiralty at Boston between the Owners of the Privatr. _Revenge_ and
one Capn. Smith which we have delivered to Mr. Everard Sayer, an
eminent Proctor in the Commons,[2] who has perus'd them and taken the
opinion of Doctr. Strahan, one of the best Civilians we have, of which
we inclose you a Copy, which does not seem in yor. favour, but we
shall get anor. Doctor's Opinion on it and see what he says.[3] the
Store Bill you mention to have sent to Mrs. Harris[4] has never
reach'd her hands, which we have formerly advis'd you of, we shall do
all in our power to serve you in this Affair abot. the Ap