and to have it a Question
whether it's a Lawfull Capture or not is somewhat Extraordinary, for
my part till I am better Informed from Home I shall never Ballance in
Cases so Wickedly Contrived and contrary to the Conduct of plain
Trading and Simple Honesty, But in Justice to my King and Country
always Condemn, and if this Mackay was in Court, notwithstanding all
his Subtlety and Double Dealing and his pretended Naturalization
Certifyed from Teneriffe, as in the Case, I should order him in
Custody till delivered up to the Government. Therefore on the whole I
Adjudge and Condemn the Vessell and Cargo Libelled against as a
Lawfull Prize, Entirely to belong to and be Divided between and among
the Owners of the Sloop that Seized and Took her as aforesaid, and the
several Persons which were on Board the same, in such Shares and
Proportions as were agreed on with the Owners aforesd. and the persons
thus entituled thereto by virtue of such agreement among themselves.
And as to the Objection that the Cargo is not brought in the Vessell,
the Manner of it's being forced from the Captor is Certified, and that
this Court may notwithstanding proceed to Condemnation is not only the
practice of the Court, but so known in the Kings Court, as in the
Cases the King v. Broom, Brown and Burton v. Francklyn.[4]

ROB'T. AUCHMUTY, Judge Ad'y.

Examd
per JOHN PAYNE, D.Reg'r.

[Footnote 2: Santa Cruz?]

[Footnote 3: _I.e._, according to occasion.]

[Footnote 4: Rex _vs._ Broom or Brome is in Comberbach's _Reports_
(1724), p. 444 (King's Bench, Trinity term, 9 Will. III.) and, more
fully, in Carthew's _Reports_ (1728), p. 398, and 12 _Modern Reports_
135. Broom, master of a ship of the Royal African Company, captured a
French ship off the Guinea coast, sold ship and goods at Barbados, and
kept the proceeds. Franklyn, the king's proctor, exhibited a libel
against him in the High Court of Admiralty, for embezzlement of the
admiralty perquisites belonging to the king. After sentence, Broom
moved the King's Bench for a prohibition, to transfer the case to that
court, but the prohibition was refused. The case of Brown and Burton
_vs._ Franklyn (Hilary term, 10 Will. III.) was similar. Brown and
Burton were masters of two ships of the East India Company, who had
taken a rich French prize at the island of Johanna (see doc. no. 58,
note 3) and taken the goods for themselves and left the ship there,
without going to the trouble of having it prope