The tribulations of Reuben4 Delano (Jethro3, Jonathan2, Philippe1)
At a Court of Vice Admiralty held at the City of Annapolis in the Province of Maryland before the Honourable John Beale Bordley Esquire on the twentieth day of May in the ____ year of the reign of our sovereign Lord, George, the third King of great Britain, France and Ireland, and in the ____ year of the Dominion of the right honourable Frederick, Absolute Lord, and Proprietary of the Provinces of Maryland, and Avalon, Lord Baron of Baltimore, and so forth, and in the year of our Lord Christ one thousand seven hundred, and sixty nine. Present The honourable John Beale Bordley Esq. Judge R. Ghiselin Reg. Andrew Ragg ) vs. ) Sloop Hannah & Cargo ) Whereas heretofore on the 20th of this instant May in the year seventeen hundred and sixty nine in the Court of Vice Admiralty for the Province of Maryland before me John Beale Bordley Esquire Judge of the said court, Andrew Ragg Comptroler of his Majesty's Customs, within the District of Pocomoke in the said Province by his Proctor duly constituted, exhibited his Libel against the Sloop called the Hannah now riding at Anchor within the Port of Annapolis whereof a certain Levy Robinson is master, her lading, and rigging thereby setting forth that the said Sloop received on board in the Colony of New England a large quantity of pigg iron in order to carry the same, and other goods to some other of his Majesty's Plantations without being legally qualified, and authorized so to do, and without having a proper Register for the said vessel, or giving Plantation Bond for the delivery of the goods, and cargo in some of his Majesty's Plantations, as he the Libellant is informed, and believes to be true. And that the said Levy Robinson transported, and carried the said iron to the Colony of New York, and there falsely, and fraudulently obtained a register for the said Sloop by producing the Register of a vessel called the Defiance, which had been before wrecked, and affirming the said Register to have been taken out and granted for the said Sloop said to be called the Hannah, and that she came last from this Province but the said Levy Robinson never gave up, or cancelled the Register, that had been truly granted for the said Sloop, if any such there was, and that he entered the said Sloop in the Colony of New York by producing the said false Register of the above mentioned vessel which had been wrecked. That the said Levy Robinson is owner of the said Sloop said to be called the Hannah but is not nor ever was an inhabitant of this Province, but that he entered her as an inhabitant thereof. That at _____________ the said Register in the fraudulent manner aforesaid the said Levy was owner, and master of the said Sloop called the Hannah, but that he never made the, or required by the statutes, and unloaded the said pigg iron and other goods in the said Colony of New York, before he took the said oaths, but that a certain Reuben Delano entered the said Sloop, as his property, and made oath accordingly as to the said property whereby as the said Libellant by his said Libel further setteth forth the said Sloop called the Hannah her tackle apparel, furniture, and cargo, becomes forfeit, and thereupon he prayed a warrant directed to the Marshall of the Court commanding him to take into his custody the said Sloop said to be called the Hannah together with her cargo for their safe keeping until sentence should be made in & upon the premises. And the same being granted, and the said warrant duly served, and returned into Court, and sufficient security with the assent of the Libellant being given in Court in the penalty of sixty pounds sterling money to answer the costs and charges of prosecution acertai Levy Robinson, as master, and owner of the said Sloop Hannah, and Reuben Delano, as owner of the cargo of the said Sloop prayed leave to plead to the Libel aforesaid, and they are admitted thereupon, and put in their plea to the said Libel setting forth by protestation that all the matters, and things alledged in the said Libel to have been done by them respectively, if in fact done, were had, and done in the Colony of New York, and not elsewhere for plea they respectively set forth that the several charges, facts, and offenses alledged in the said Libel are cognizable only to the Courts of the said Colony of New=York, and not elsewhere and further, that if they are cognizable in this Province it is only in the Courts of Record, and the proceedings should have been by Bill Plaint, or information, and conclude their said plea with demanding the judgment of this Court and an humble injunction to such Order, as shall be made in the process. Whereupon the Proctor for the Libellant moved for a day for this cause to be heard upon the Libel, and plea, & a day was then appointed for the hearing thereof. On which day being the 13th of May in the year 1769 aforesaid the parties aforesaid by their respective Advocates duley admitted here appeared and the substance of the Libel and plea appearing to be as is before recited. Thereupon, and upon full debate of the matter, and hearing the allegations of the respective Advocates, and all, and singular the matters which by law ought to be observed, being carefully considered, for as much as it appears to me, that the matter of the said Libel is not cognizable in this Court which by law of the and hath not jurisdiction to hold plea thereof, or pass sentence of condemnation against the said Sloop, and cargo, either of them, for the causes aforesaid or to compeld the said Defendants to answer to the Libel aforesaid, and also because of the uncertainties, and insufficiencies of the said libel apparent in itself. I do therefore by this my definitive sentence and decree, which by these presents I do promulge pronounce, declare, and decree that the Libel in this cause be hence dismissed with the costs taxed to seven hundred, and sixty pounds of tobacco, to be paid by the said Libellant into the Defendants & that the said Sloop with her tackle apparel, furniture and cargo be delivered to the said master, & owner by the Marshall in whose custody they are. To wit R. Ghiselin J. B. Bordley Judge Court of V.A. Benjamin Ford 3lst May 1769
Bristol, ss. GEORGE the THIRD, by the Grace of GOD, of Great-Britain, France and Ireland, KING, Defender of the Faith,_______. To the Sheriff of Our County of Bristol his Under-Sheriff or Deputy, Greeting. We command you to Attach the Goods or Estate of Reuben Delano of Dartmouth in our S. County of Bristol Husbandman to the Valu of Seventy Pounds, and for want therof to take the Body of said Reuben (if he may be found in your Precinct) and him safely keep, so that you have him before Our Justices of Our Inferiour court of Common Pleas, next to be holden at Taunton, within and for Our said County of Bristol, on the second Turesday of September next: Then and there in our said Court to Answer unto Matthew Dorman of Somerset County in the Province of Maryland Gentlem and in a plea of Debt for that the said Reuben at S. Dartmouth on the seventh Day of July in the year of our Lord one Thousand seven hundred & sixty nine by his obligation of that date in court to be produced bound himself to the Sd Matthew in the sum of sixty pounds twelve shillings Penselvenia currency (which the Plainttiff avers to be equal to forth eight pounds nine shillings and seven pence lawful money to be paid to the Sd Matthew in one month after the date of Sd obligation yet he the Sd Reuben has not paid it but___?____ it. To the Damage of the said Matthew as he saith the Sum of Seventy Pounds, which shall then and there be maded ot appear, with other due Damages. And have you there this Writ, with your doings therin. Witness George Leonard Esq; at Taunton, this fifth Day of July in the fourtheenth year of Our Reign. Annoque Domini, 1774 Timothy Fales