[Footnote B: It was reported that the English and American prisoners of
war had been barbarously mutilated and tortured.]

I don't doubt but this tragical act, acted at St Augustine, has reached
home before now. This case, perhaps, may travel as far; and when they
remember the sufferings of their countrymen under the command of this
Francisco, whom we have got in possession, together with some of his
comp'y who were concerned with him & under his command in that inhuman
act, they will agree, no doubt, as I hope your Honour will, that they
must be slaves who were concerned in it. 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. 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. So the Court broke up.

_Friday, 21st._ This day made an end of selling the cargo of the prize.
Sold 55 bush. corn, 41 bb's pork, 6 bb's of beef, 4 bb's of oil, and