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That sometime afterwards and on or before The Eighteenth day of October last Your Petitioner with Your Excellencys permission did take on board his said Sloop Sixteen Spanish Prisoners partly in Exchange of the Said English prisoners, And Your Excellency by an Instrument under Your hand and Seale at Arms did Vouchsafe to Grant unto Your Petitioner a Certificate thereof and safe pasport to your Petitioner from home [hence?] to Havannah and thereby desired that all Comanders of his Majestys Ships of Warr and Privateers should Regulate Themselves Accordingly And Your Excellency at the Same Time did deliver under your Petitioner on his Britannick Majestys Service one Letter from Your Excellency and two letters from the Governour of Pensilvania directed to the Governour of Havannah.

That your Petitioner on The Next day to witt the Nineteenth day of October last having on board the passport letters and Spanish prisoners aforesaid thinking himself Safe under the Protection of your Excellencys said passport sailed from the Port of the City of New York in his said Sloop towards the Narrows on his Returne to Havannah That about midway between Nutten Island Point and the Narrows which (as Your Petitioner is informed) is within the bounds and Jurisdiction of this Your Excellencys Government of the Province of New York and is with in Sight of the Fort of New York about one of the Clock in The Afternoon he was attacked, fired at and taken by one John Easom with about eleven or twelve men on board of a Small two Mast boat That imediately after The said men came on board Y' Petitioners Sloop he Produced and Shewed Your Excellencys said Passport to the person who y' Petitioner was told was Captaine but he taking no notice Thereof ordered Your petitioners people into the hold of the Vessell and put three Centinells with drawn Swords in their hands in Three different Parts of the Vessell,

That among the persons by whom he was so taken there was one Michael who your Petitioner took to be the Lieutenant and who understood the Spanish Language, to whom Your Petitioner applyed and acquainted him that your Petitioner had a good Passport from the Governour of New York and desired to know why they used him in that manner, to which the said Michael answered that Your Petitioners Passport would Serve him to no purpose, that the Governour had deceived him and that they had a better Commission.

And your Petitioner further sets forth that the Persons by whom he was so taken Carryed his said sloop with him and his men that Evening to Perth Amboy in the Province of New Jersey where his people were put in Prison and about Midnight that same Night severall of the said Captors came to your Petitioner and demanded papers which he delivered to them among which were Your Excellencys Passport and Letter and the other Letters aforesaid, The Pass from the Governour of Havannah and all his papers of Consequence.

That your Petitioner is informed that on the Twenty Second day of October last a Libell was filed in the Court of Admiralty of New Jersey in the Name of John Easom Comander of the "private Vessell of "Warr Called Ranger in behalf of himself and the "owners and Company of the said private Vessell of

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Warr, Praying that the Cargo of Goods on board of "Your Petitioners said Sloop might be unladen and "that the Kinds and Qualitys of the Goods on board 'might be Inspected and a full account Thereof Taken "& Exhibited into that Court and that all such Goods on board as were not necessary for Provisions for "Your Petitioners and his Passengers and men & "were not Exempt from Seizure and Confiscation "might be Condemned as Prize.

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That sometime after by Virtue of an Order from The Said Court Your Petitioners said Vessell was unladen and all the Goods that were on board were taken out and put into a Store at Perth Amboy.

And your Petitioner further Sheweth that it was insinuated in the Said Libell that Your Petitioner was under Just Suspicion of having Gunpowder Shot and Warlike Stores on board his said Sloop purchased or procured at the City of New York nothing like which appeared upon unlading the Said Sloop.

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And your Petitioner doth further Shew that the Said Captors finding that there were no warlike stores or Contraband Goods but there were some other Goods belonging to Your Petitioner on board They in order to give some Color to Their unjust Proceedings in Taking Your Petitioner and his said Sloop and Goods within the bounds and limits of Your Excellencys Government and to distress and delay Yo' Petitioner, The Proctor for the said Libellant on the twelfth day of this Instant November did deliver into the said Court of Admiralty a List of some of them by the name of a "List of Sundry Merchandizes Taken from "on board the Sloop St. Migill Vila Vergin Delos "Dolores Don Joseph Espinosa for the "Havannah claimed by the Libellants." Well knowing that your Petitioner is wholly a Stranger here and That he Cannot find any Security in this Place to Prosecute his Claim and Right to the Same as is Comonly used to be insisted upon in Some Cases by means whereof Your Petitioner is not only in danger of Wholly loosing his Said Goods but also he and his people who are almost Naked not having Cloaths to Withstand the inclemency of the Weather in this Cold Climate by being long delayed here will be in great danger of Perishing unless Your Excellency will be Pleased to Grant him Some aid and assistance in the Premises whereby he may be Speedily relieved out of

this Great distress and be enabled soon to return to Havannah.

In Tender Consideration of all which and for as much as your Petitioner, his Vessell and Goods attacked and taken within the limits and bounds of The Province of New York, he at the Time of his being so Taken having and being under the protection of the passport granted to him by Your Excellency then and Still being not only his Brittannick Majestys Governour of the said Province but also Vice Admiral of the Red Squadron of his said Majesties Fleet.

Your Petitioner Therefore most humbly Prays that Your Excellency will be favorably pleased to direct his Majestys advocate Generall for the said Province of New York to Enter and Prosecute a Claim in the said Court of Admiralty in his Brittannick Majesties name on behalf of Your Petitioner for his said Goods or to grant to your Petitioner such other relief in the Prem ises as your Excellency Shall think proper just and Reasonable.

And your Petitioner shall ever Pray &c.

JOSEPH ESPINOSA.

[Affidavits in Support of the Charges in the foregoing Petition.]

The Examination of Joseph Espinosa Master of the Sloop St Migel a Flag of Truce that Came from the Havannah & arrived at the Port of New York on the Nineteenth of July 1746 Taken before a Committee of His Majestys Council of the Province of New York on Monday the third day of November 1746. Mr. Jacob Rodrigues Reveres being sworn Interpreter on that Occasion.

The said Joseph Espinosa says That he sailed in the aforesaid Sloop St Migel from the port of New York

Yesterday was Fort' night On his Return to the Havannah; That he had Dispatches as Master of a Flag of Truce from his Excellency the Governour of New York as also a Letter from his said Excellency to the Havannah: That so soon as he had sailed with his vessel out of the Harbour & passed Nutten Island point The person who was his Pilot ordered the Foresail of the Said Sloop to be struck and desired Him (the Examinate) to prepare for coming to an Anchor, That the wind and tide were both at that time very fair, That soon after the Examinate discovered two Shallops at a Distance the largest of which had one Mast and the Smallest two Masts That the Pilot upon looking at the said Shallops or Boats through the Examinators Spying Glass Told him That the largest of the said Boats belonged to himself and that thereupon the Pilot ordered the Colours of the Examinates Sloop to be lowered half Mast Which the Pilot told the Examinate was a Signal for his Boat. That when the said two Boats were within the Distance of Six Rod of the Examinates Vessell. Severall of the Men in the two Mast boat rose up and being come a little nearer one fired a pistol That there were in all he beleives eleven or twelve in the Boat. That he Ordered his sails to be lowered and thinks he was at that Time about Midway between Nutten Island Point & the Narrows, That they threatned the Examinate in the Spanish Language holding up their Pistolls & Cutlasses because they thought he was not quick enough in lowering his sails, upon which he told them That he had ordered his Sails to be Struck as soon as possible, That about Eleven or twelve men came out of the said two Mast Boat on Board the Examinates Vessell and soon after Mr Leister the Pilot also Came on board and took charge of the Vessel in the Room of the Pilot That had charge of her before who then went abord the Boat he called his own, That the Examinate pro