(seq. 103)

Proportion to those on Board the Argyl Man of War and that therefore if the 4
Ships are all to share equally it is [?] it sho.d {should} be according to the number of Men agreeable
to the Rules of the Navy and tho' {though} the privateers have particular Rules
& Agreements
amongst themselves yet it is [?] that can no ways affect the Justice of the Case
as between different Ships and they may make a Sub Division of what falls to
their Share according to their own private Agreem.ts {Agreements}.

2. Whether thos.d Kings Ship & Sloop may on prosecuting their s.d {said}
Appeal reasonably expect to obtain any and what Alteration in the
Distribution of the said prizes And upon the whole, is it Advisable
for them to prosecute such their Appeal.s.

There is no Doubt but that Privateers
are intitled to share with the King's Ships
in Prizes taken by their mutual assistance,
there are many Instances thereof in former
Wars, and some in the present War in joint
Captures the Law has left the Allotment of
the Share of each Ship to the Discretion of
the Judge, who is to found his Decree upon
the Circumstances of each particular Case
in the present Case it is agreed that the
two Privateers, and the King's Sloop were
engaged with the Enemy, but it seems to be
allowed that the Privateers had the greatest
part in the Action, and that the Argyle
was aiding and assisting to the Capture only
by his Presence, without engaging at all,
he had therefore the least Merit & Share in
the Service, but if the Prizes were to be -
distributed according to the number of them,
he would have the greatest Share of the
Reward, which I cannot think would be just
upon the whole I am Opinion the Judge
at Barbadoes has given a proper and
reasonable Decree, and I cannot advise
prosecuting the appeal.

Geo {George} Lee
[?] Commons
Nov.r [November] 29th 1745

NB Doctor Andrew gave an opinion on this case
to the same effect with the above.