firm, tight, strong, and in all respects in good order, properly manned and victualled for sea, sailed from in laden with several articles of merchandise on a voyage from thence for the island of ing with a heavy gale of wind on the -; that meet day of the said month of in which the said ship lost her foremast and bowsprit, the said appearers were obliged to put into the port of where every thing being pro perly fitted she again proceeded on her intended voyage, in the said and arrived in the harbor of on the day of last, after discharging the cargo at the said ship or vessel sailed for in the said where she arrived the same day. And the said appearers did further severally allege, declare, protest and say, That the said ship or vessel did on return to the day of the -day of- instant, take in and complete a full cargo of goods, wares and merchandises, with which she was to And the said appearants C. D. and E. F. did further allege and say, that the said ship or vessel did on instant break ground and run further out of for the purpose of being in greater readiness and better prepared to sail for the place appointed for the fleet to rendezvous. AND the said appearant A. B. for himself separately did also allege, declare, protest and say, That on the day of instant, he this appearant left the said ship aforesaid, and came to -in order to clear out for the return voyage; and also to procure some additional mariners to navigate her home; That he this appearant did on the day following accordingly clear out the said ship at the Custom house at aforesaid; and having procured such additional number of mariners as were necessary for the navigation of the said ship, he sent them round in a boat from or vessel then lying in noon of the following ceed immediately to about o'clock in the afterwith directions to prothere to join the said ship; and this appearant was informed by the said C. D. and E. F. that such additional mariners did about o'clock aforesaid. AND the said appearant A. B. doth further for himself separately allege, declare, protest and say, that having so cleared out the said ship and dispatched the said additional hands as aforesaid, he this appearant did about viz. the aforesaid, to pro in order to join his said ship; -morning the o'clock on instant, as he was proceeding on his journey within the miles from he was informed that his ship and cargo were destroyed by fire, and when he arrived at he found such information to be true; AND the said appearants C. D. and E. F. for themselves jointly and severally did further allege, protest and say, that about o'clock in the of the after instant, G. H. the at boatswain of the said ship or vessel called the tempting to draw off some rum from a puncheon in the after-part of the said ship on the cabin deck, in the act of putting a cock into such puncheon for that purpose, a considerable quantity of rum accidently gushed out in so sudden a manner that it immediately caught fire from a candle which was held by a boy at some distance from the said puncheon; that the fire increased with such rapidity, that although every possible exertion was made use of to extinguish it by throwing wet blankets and pails of water upon it, so long as it was possible to remain on board and resist the violence of the flames, and although the people belonging to the said ship were assisted by the men and boats from all the other ships then lying at afore said, yet the flames continued to increase to so great a degree that all the exertions of these appearants and the other persons who assisted proved fruitless, and about after o'clock in the it burnt so furiously that it was impossible for any person to stay any longer on board the said ship or vessel, the fire being then so near the powder-room that it was expected she would blow up every moment. It therefore became absolutely necessary for the preservation of the crew to quit the ship, and it was conceived prudent and best to cut the cable to let her run upon a reef, with a view to save as much of the remaining part of the ship and cargo as possible. That about — o'clock the fire reached the powder-room, and all the after-part of the ship was immediately blown to pieces. It then continued flaming until about o'clock in the at which time she was entirely burnt down and destroyed to the water's edge. AND the said appearants did each of them further allege, declare, protest and say, That any loss, damage or accident which has already happened or may be sustained either to the said ship or vessel called the or her cargo on board, or to either of them, is solely owing to the aforesaid accident, and not by or through any neglect of duty of him the said A. B. or any of the officers or mariners on board. AND I the said public notary, at the request of the said A. B. have protested, and by these presents do solemnly protest against all and every person and persons whomsoever whom it doth, shall or may concem, for and on account of all and all manner of damages, losses, prejudices and detriment whatsoever which the said ship or vessel called the and her cargo on board, or either of them, or any part thereof, have or hath already sustained, or may hereafter sustain; and also against all charges and expenses whatsoever which the owners or freighters thereof, or any or either of them, or any other person or persons whomsoever may be put to or sustain for or by reason or means of the aforesaid accident, or otherwise relating thereto. ALL which matters and things were declared, alleged and affirmed as before is set forth in the presence of me the said notary; and therefore I have hereunto subscribed my name and affixed my notarial seal, being requested to testify and certify the premises. THUS done and protested at aforesaid, the day and year first above written. In case of a ship being taken. of BY THIS PUBLIC INSTRUMENT OF DECLARATION AND PROTEST Be it known; That &c. before me, I. M. of &c. notary public by royal authority duly admitted and sworn in the presence of the witnesses hereunder mentioned, personally came and appeared A. B. late master of the ship or vessel called the of the burthen of- tons or thereabouts, and C. D. late first mate of the said ship, who declared that the aforesaid ship laden with being tight, strong, staunch, well and sufficiently victualled, manned, provided and furnished with all things needful and necessary in every respect; they on the past, set sail and departed from the morning, bound to day of in the year now last at- o'clock in and from thence to, in of his company with the fleet then in Majesty's ship the, whereof laying off and on; That at jesty's said ship the under convoy was commander, o'clock P. M. his Mamade a signal to keep in his wake, at the same time made sail with a moderate breeze; That at o'clock P. M. the whole fleet became becalmed under -; That at that time they could not observe or see the Commodore's lights if he carried any; That at daylight on the the sea quite calm, day of the said month of ships of the said fleet being in company, and also could see from the topmast head the remainder of the fleet under ; at -o'clock P. M. a strong gale of wind, which sprung the topmast of the said ship the that during the time of repairing the same the said ship dropt considerably astern of the rest of the fleet; That on the day of the said month of - about. o'clock A. M. his Majesty's said ship the hove in sight, standing to the, when the said ship hoisted her ensign in the main topmast shrouds, and soon after tacked to the and made a signal for ships astern to make more sail, and in hours was com pletely out of sight: That they became becalmed at P. M. of the day of the said month of —, until the said ship was taken, as hereinafter declared and set forth; o'clock A. M. they observed two At CO That at ming round point with extraordinary sail; That they soon perceived them to be two and enemies; and that on this they prepared their guns and other necessaries, and put the said ship in the best order, state and conditon for engagement, in order to defend the said ship and prevent her from being taken. o'clock A. M. the said two came up with the said ship the when one of the said rowed under the said ship's quarter and boarded; at which time, from the superiority of force, he this appearer A. B. having consulted the officers and crew of his said ship, conceived it most prudent and advisable, in order to save the lives of the said ship's company and passengers, to surrender the said ship to the said two or to one of them, without making any resistance in boarding; That after the said ship was so taken and surrendered to the said two or to one of them, he this appearer A. B. with part of his said ship's company and passengers, was put and taken on board one of the said the rest of the said ship's company and passengers having remained and continued on board the said brig; That the said two- or one of them, kept and detained the said ship in their custody and possession, in company with them, cruising at sea, from the said day of the said month of of the said month, when the said ship was carried into ——, when he this appearer A. B. with all his said ship's company and passengers, was put and confined in prison in the said island of THEREFORE the said A. B. did declare to protest as by these presents he doth most solemnly protest against all and every person or persons whomsoever; and declares that the loss of the said ship the with her furniture and tackle, is and ought to be borne by all and every person or persons whom it shall or may concern; and doth further delare, that the said ship was so taken by the said two -9 or one of them, without any neglect of the said appearer A. B. or any of his officers or mariners, and not on account of any insufficiency or defect of the said ship, as he is able to prove. OF ALL WHICH ACT, &c. until the Of a neutral ship being taken. ss BY THIS PUBLIC INSTRUMENT OF DECLARATION AND PROTEST be it known, That &c. before me I. M. notary public, &c. personally appeared A. B. late master of the ship called the -, of the burthen of tons or thereabouts, belonging to and C. D. late first mate of the said ship, and did then and there declare, that they sailed in the said ship from last past, laden with a cargo consisting of the in the of on the -day of bound to of although cleared out for the island of aforesaid, on the day of last, being then about leagues to the of the island of · the said ship privateer of was forcibly seized and taken by a guns, called the commanded by by Messrs. L. M. and N. O. of and owned in the island of ; That on the said ship being hailed by the privateer, he was immediately ordered on board the said privateer with all his papers; That he accordingly went on board the said privateer and carried with him the papers, when he and the said papers were detained; That the said appearant C. D. and others of the crew of the ship were also taken on board the said privateer, and a prize master and others from the said privateer were put on board the said ship, with orders to carry her into the in the said island of about That, of after the said exchange of men and orders aforesaid, a ship appeared in sight which gave chase to the said privateer and ship; upon which the appearants and others belonging to the said ship the were put into the boat that belonged to the said ship, which at the time was alongside of the said privateer, with directions to return and take possession of the said ship the giving him the appearant A. B. the papers that contained the invoices, bills of lading, and protections belonging to the said ship; but that, after being about half way from the said privateer to the said ship, they were ordered back, and the several papers taken from the said appearant A.B. That the ship continued to chase the said privateer and ship the but on account of its being night the said privateer made her escape, and carried the said appearants to the said in the said island ofwhere they arrived on the last, and where the said appearant and crew were put on board of a prison ship called the in which they remained until the the said appearant A. B. demanded his several papers from the commander, and also from the owners of the said |