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no regular Commander nor Dispatches or Papers of any Kind from any Port or Place whatsoever, and he believes that had such Vessel been taken by any vessel of any Nation She would have been a lawfull Prize And had She been taken by a Spanish Guarda Costa, the whole Ship's Crew would have been hanged as Pirates, That there were on Board, of all Nations allmost, as Genoesse, French and others, in Number twenty two, and that one of the Chiefs in particular was a French man, Subject of the French King, That he absolutely, from all the Knowledge he can form, thinks her to be a just and lawfull Prize; And he the said Philip further sheweth that he is advised that the said Deposition is of a very extraordinary Nature, and made by one who supposed himself to have been a Pyrate; That by Reason of its great Incertainty it can have no legal Application either to him the said Philip or his Schooner; that the Vessel on which the said Francisco Raphe was on Board was a Ship of the Crew Whereof he was one; That the said Schooner of the said Philip had a regular Commander and proper Dispatches and Papers from Trindada a Spanish Port; That not one French Man or Genoe was on Board the said Schooner nor any one Marriner or passenger Except the said Henry Myerhoffer and William Abbot that was not a Subject of Spain; And the said Philip further sheweth That he is an entire Stranger to the said Francisco Raphe, That he knows no Person of that Name, and is very certain that no such person was either a Seamen or Passenger on Board the said Schooner in the Voyage before mentioned, and the said Philip is informed that no Witness whatsoever was produced in this Court to Prove the Money, Goods and Effects mentioned in the said Lybel of the said Richd. Haddon to be French Property but the said Francisco Raphe, and that by the Minutes of this Court it will appear that on the very Day the said Examination was taken Publication was ordered to pass and the Cause to be immediately heard, and thereupon the Proctor for the said Richard Haddon opened the Lybel and Proceedings, and the Deposition of the said Francisco Raphe being read this Court having considered of the same did adjudge, Sentence and decree the said Money, Goods and Effects in the said Lybel mentioned as lawfull Prize for the use of the Captors, pursuant to the Statute in that Case made and _provided_ that no just and rightful Claim be made for the same by any Other Person or Persons within a
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