rtion of
documents in the record.]
Capt. Dixon, who Translated the Several Spanish Papers aforewritten,
made Oath in Court that he had Translated them according to the best
of his Skill and Judgment.
The Court was then Adjourn'd to the 25th Curr't at 8 a Clock A.M., at
which Time it was Opened and both Parties fully heard by their
advocates, after which the Court was Adjourn'd to the Thirtieth Curr't
at 10 a Clock a.m., at which Time the Judge Decreed the Vessell and
Cargo a Lawfull Prize, and on the first of September following
delivered his Reasons for Adjudication in Open Court, which is as
follows, viz.
I have duly Considered the Preparatory Examinations and all the Papers
and Writings which were Sworn to be found and taken in and with the
Capture (a Mediterranean Pass excepted) and also the Depositions given
in Open Court, and likewise with great Deliberation weighed the
Arguments of the Advocates, as well on the part of the Captor as on
the part of the Claimant, and it appears to Me that the Sloop Libelled
against was a British Bottom, Navigated by British Subjects, and that
the Master thereof, AEneas Mackay, on the 11th of July, 1738, had
Granted to him for said Sloop by the Right Hono'ble the Lords
Commissioners for Executing the Office of Lord High Admiral of Great
Britain a Mediterranean Pass No. 2533, which was found on board the
said Sloop at the Time of the Capture. It also appears to Me that the
said Master, on the 16th Septr., 1739, by the Name of AEneas Mackay of
London, Captain, took the usual Oath of a Porter of the City of
Amsterdam; that on the 22d of said Month the said Master before the
Magistrates and Rulers of that City made oath that the Vessell
aforesd., of which he was then Master, belonged to a House in that
Province and afterwards the said Vessell in Holland as to her
Clearing, Passport, Visiting, Taxing, etc., was Treated as a Dutch
Bottom; that on the 2d of Octobr. following the said Master hired a
Chamber in Amsterdam _for one year_, But in case no one appeared in
October following then it should be in the power of the Lessor to Lett
the same to another, and he Enter'd the Day following, and shortly
after sailed in said Vessell to Teneriffe, from whence in a few Days
he and his hands, British Subjects, and after the Proclamation of War,
with Two Passes, viz. the said Mediterranean Pass and a Dutch Pass,
sailed to Cork in the Kingdom of Ireland, having a Great quantity of
Money, as
|