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I hope, therefore, that by the contradictions which have been shown in Court between this Jean Baptiste Domas, who affirms he never saw them till on board the privateer, and the evidence of Francisco & Augustine, which proves that they knew him some months before, and conversed with him, is proof enough they are slaves; and I hope that by the old law of nations, where it says that all prisoners of war, nay, even their posterity, are slaves, that by that law Pedro Sanche & Andrew Estavie will be deemed such for the use of the capturers.
The Company's Quartermaster & myself were examined, with John Evergin & Samuel Eldridge, the two English prisoners, concerning the prize, and so the court was adjourned till Monday, at 10 of the clock, A.M. Monday, 17th. The court met according to adjournment. Jean Baptiste Domas was examined concerning the freedom of the prisoners, and his deposition taken in writing.
No, I am certain, and I hope it will meet with none to prove that these slaves are freemen; for all that he has said, by his own confession, was only but hearsay. The other evidence is of a villain of another stamp, a French runnagado, Jean Baptiste Domas. His evidence is so contradictory that I hope it will meet the same fate as I think will befall the first. I will own that he has sworn to it.
So I rest it with your Honour. Then the Judge gave his decree, that the sloop & cargo should be sold at vendue, & the one half thereof should be paid the Capturers for salvage, free from all charges; that Jean Baptiste Domas, Pedro Sanche, & Andrew Estavie, according to the laws of England, should remain as prisoners of war till ransomed; and that Augustine & Francisco, according to the laws of the plantations, should be the slaves, & for the use of the Capturers.
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