is Libel
doth Humbly Claim the said Two Thousand four Hundred and nine Pounds,
four Shillings and Eleven Pence three Farthings, secured to be paid
into this Court by the Stipulation aforesaid, together also with all
and every the other Monies, Goods and Effects so seized and taken from
him by the said Richard Haddon as aforesaid and not mentioned in the
Lybel of him the said Richard, and all Damages, Losses and Expenses by
him the said Philip in any wise sustained by Reason of the Premises
And Humbly prays the Advisement of this Court in the Premises and the
due Process of the Law against the said Two Thousand four Hundred and
nine Pounds, four Shillings and eleven Pence three Farthings, secured
to be paid into this Court by the Stipulation aforesaid, and all and
every other such due Process as by the Law ought to issue and be
granted against all and every Person and Persons who is, are or may be
liable and Chargeable for the same and for all and every other the
Monies, Goods and Effects so seized and taken from Him the said Philip
as aforesaid and for his Losses and Damages and Expenses aforesaid,
and such full and ample Relief and Satisfaction touching the Premises
as, by the Law of Nations, the particular Laws and Statutes of Great
Britain, and the Custom and Usage of this Court, is due in cases of
this Nature to the Subjects of his Catholick Majesty the King of Spain
being in Amity with his Majesty the King of Great Britain.

WM. SMITH Junior,[13] Adv'te
for the Libellant.

JAS. DUANE,[14]
Advocate for the Libellant

[Footnote 13: William Smith, jr. (1728-1793), the historian of New
York, afterward chief-justice of New York and, in his last years, of
Canada.]

[Footnote 14: James Duane (1733-1797), a prominent member of the
Continental Congress from 1774 to 1784.]

_189. Certificate of Captain-General Cagigal. November 4, 1758._

Don Francisco Cavigal[1] de la Vega, Knight of the Order of St. James,
Field Marshall, Governour and Captain General of the Havana and Island
of Cuba etc. _Whereas_ I am Informed that Don Philipe Y Banes, Captain
and Administrator of the Schooner Called _our Lady of the Rosary and
Holy Christ_, And Marseleno Marrero,[2] Are now in the City of New
York, Dominions of his Majesty the King of Great Brittain, in Order to
Recover 7871 Dollars which in silver, Doubloons, and Gold Trinckets
were by force taken from them on the 6th December 1756, by Capt.
Haddon of the Privateer Schoo