AN ABSTRACT Of the most material INTERLOCUTORS of the LORDS of SESSION, during the dependence before them, of the CAUSE of the two Danish Ships, the Palm-tree, and Patience of Sunderburg, adjudg­ed Prise by the High-Court of Admirality, anno 1672. AGAINST Alexander Acheson Captain of the Frigat, or Privat Man of War, by which the said Ships were brought up, and the Owners of the said Frigat, viz. John Duke of Rothes, Lord High Chancellor, and William Lord Cochran, deceassed; Charles Maitland of Haltoun, Lord Thesaurer Deput, (and one of the Lords of Session,) Sir John Cohran of Ochiltrie, Sir William Bruce of Balcaskie, (Clerk of the Bills,) Sir James Standfield of New-milnes, Robert Baird of Sauch­tonhall, Sir William Binning, &c. EXCERPED Out of the two DECREETS of the LORDS pronounced in favour of the Strangers, 25. February 1674. but not extracted till the 30. of July, 1680. WITH The Articles of His Majestie's TREATY with the King of Denmark, relating to the Case of Ships and Goods taken at Sea in time of War; an Article of His Majesties INSTRUCTIONS, insisted on by the Capers, against these Ships; His Majestie's LETTER to the LORDS (in the Case of another Ship) relative to His IN­STRUCTIONS; and divers other Papers, related to in the DECREETS.

EDINBƲRGH, Printed for the STRANGERS, in the Year, 1682.

Other Papers relating to the Ships, the Palm-tree and Patience of Sun­derburg, viz. The Passes, Toll-Schedules, Freight-Briefs, and Mis­sive Letters, aboard of the Ships when taken. Depositions of the Masters and Mariners, after they were brought up. Commissons of the Lords of Session for proving the Property, &c. Reports thereof from the Ma­gistrates of Sunderburg, Cristiania and London; with an Attestation of the Admiralty of Amsterdam; His Majesties Declaration in favour of the Danes; and the Protestations taken in behalf of the Strangers, against the Capers sending the Ships to sea, after the Lords had declared them free.

Relating to the Ship the Palm-tree.

Pass from the Town of Sunderburg.

AUgustissimi ac Potentissimi Regis, Christiani quinti, Daniae, Norwegiae, Vandalorum, Go­thorum (que) Regis, Ducis Slesvici, Holsatiae, Stormaeriae & Dithmarsiae, Comitis in Oldenburg & Delmenhorst; Nos constituti Consules ac Senatores Civitatis Sonderburgi, universis & singulis cujuscunque dignitatis, status, conditionisve fuerint, has Literas nostras inspecturis, ut cujusvis status & conditio postulat: notum facimus & testamur. quòd harum praemonstrator C [...]vis noster dilectus, Christianas Matthiae Nauta, officiosè nobis significaverit, quà ratione cum presenti sua Navi hic apud nos structa, & Palmae nomine insignita, illi (que) adjunctis & illatis mercibus, ad tractanda sua negotia, & honestam versuram exercendam, divino favente numine, in marl Orien­tali & Occidentali, pro re natâ & occasione datâ, hoc vere & futura aestate durante, navigate con­stituit; offic [...]o [...]è & obnixè a nobis petendo, ut sibi ad majorem sui cautionem & satisfactionem, patentes salvi-conductus literas impertiri haud gravaremur. Est ita (que) ad omnes & singulos, tam summos quam alios rei bellicae Praefectos, imprimis Dominos constitutos classis Admirales, Vice-Admirales, Capitaneos, Classiarios, Legatos, Excubitores, & reliquos Naviculariam facientes, hu­millima officiosa & amica nostra petitio, ut praememorato Nautae civi nostro dilecto, cum Navi praesenti, Naviculariis & injectis Mercibus, pro negotiorum & honestae mercaturae conditione, in mari Orientali & Occidentali, per sua Freta, Terras & Territoria, si illa fortè inviseret; aut (quod Deus prohibeat) per maris intumesentiam & tempestates, ad illa dejectus propelleretur; non tantum liberum, securum, ac tutum, tam accessum quàm discessum concedere: sed etiam, in necessitatis casu, illum omni & promotionis & subsidii genere prosequi dignentur. Id, serenis­sima Regia Majestas, Rex ac Dominus noster clementissimus, clementissimè recordabitur; & nos erga unumquemque pro cujusvis status conditione ac requisito, ut humilismè officiose & amicè recompensemus, semper paratissimi erimus. Et in majorem rei certitudinem, has Literas con­sueto Civitatis nostrae Sigillo firmari jussimus. Dabantur, die decimo quarto Mensis Martii, anno milesimo sexcentesimo septuagesimo secundo.

  • Jacob Jensen.
  • Hans Pehman.
Locus Sigilli.

Toll-Schedule.

In His Royal Majestie's Custom-office in Christiania, Carsten Matsen from Sunderburg Skipper, payed Custom for his Ship, being a Pinnace with two Tops, called, the Palm-Tree, of the big­ness (according to the Metbrief dated in Dramm, 28. April 1671.) of 1537/8 Lasts; with which, upon the 14. of this instant he arrived here, being loaded with 12500. Dalls, and hath paid for each last 4½ Ricks-Orts, extending in the whole to 172. Ricks Dallers, 2. Marks, 18. Shillings: and passes free. Dated in Christiania, in the Custom-office, 22. Junii, 1672.

Locus Sigilli. Jurgen Seckman.
Registered Nicolas Fluggen.

Freight-Brief.

Anno, 1672. the 23. of June, are we underwritten, in name of the Holy Trin [...]y, one with another, agreed in accord as followeth; to wit, That I Kirsten Hammers, the [...]elict of Jens Paulsen, here at Christiania; shall give to Skipper Carsten Matsen of Freight, of this his new pre­sently imployed Ship, called the Palm-tree of Sunderburg, 230. lib. Sterling of Freight, after that [Page 6] the Lord shall give a happy and safe arrival at London. And in case he unexpectedly shall be brought up against his will to Holland; then of Dollars 920. after good Delivery. And that in this man­ner, with Gods assistance, shall of me the Freighter Kirsten Hammers, and of me Skipper Carsten Matsen be acoomplished and kept skaithless. Wherefore, we each with another have subscribed these few lines; whereof each of us hath received the Double. At Christiania, day and date foresaid, and promise to the Skipper of Caplaken, five pound Sterling.

Kirsten Hammers, Relict of Jens Paulsen.

Missive Letter by the Freighter to John Shorter Merchant, since Sheriff of London.

Much honoured and respected Friend, Signior John Shorter, Salutem. Your good Letter, the 21. May, with Skipper Carsten Matsen, is delivered into my hands: out of which, I perceive your good will towards my Husband Jens Paulsen of blessed memory. As concerning the agreement for Freight with the forenamed Skipper, to take in a Loading for you, I have with the help of good Friends, in the best manner and utmost diligence, done accordingly; as appeareth out of the in­closed Memorial. I suppose you will continue in your real integrity towards me, as I did find you always towards my Husband of happy memory: and besides the Accompt of the foresaid Me­morial, you will consider the great perills at Sea, which I shall leave to your good discretion. And it is my humble request, that you with the first would assist me with some Mony, either in Hamburg, or else here in the Countrey: because there is small occasion to draw a Bill of Exchange, of Ricks Dollars, from hence upon London; and I cannot do it except with great loss. And God knows how I stand in need of Mony for the present, to clear up my Husband, of happy memory, his Accompts, for his governing Office, notwithstanding there is a great deal, in respect of my Husbands good-will, resting unto me. Therefore, I took occasion the 8. ditto, to draw a Bill of Exchange upon you, payable to Claus Hansen. If the same shall be presented unto you, I ex­pect your good payment, after that Hans Paulsen is well arrived. And if any occasion may hap­pen, and I should send a Bill of Exchange upon you, I hope you shall accept of, and pay it. Wherein otherwise I can serve you, it shall be done. And hereby wishing you well, I recom­mend you to the Lords protection, and remain,

Your obliged Servant, Kirsten Hammers, Relict to Jens Paulsen.

Depositions of the Master, and one of the Mariners, before the Admirality.

COmpeared Carsten Matsen Master of the Ship, called the Palm, of the Age of 30. years unmarried; Who being solemnly sworn and ex­amined, Depones, That he lives at Sunderburg, and that there are eleven Eaters in the Ship, be­side the Deponent. And that all of them live at Sunderburg, except one Man who lives three miles from it, and another in Norway. And depones, That he has been Master of the Ship these two years by-gone, since she was built at Sunberburg, and that the Deponent and Hanse Jebsen in Sunderburg are sole Owners of the said Ship. And that the said Ship is 153. Last. And that the said Ship was loaded at Christiania in Norway, with 12500. Daills, by the Widow of Jens Paulsen in Christiania. And depones, That he was going to London with the said Loading, And that he has no Charter-party, but a Missive-letter, direct to John Shorter Merchant in London, from the said Widow. And that M. Shorter is to pay the Deponent 230. lib. sterling of Freight, besides the Caplaken which is 5. lib. And depones, That no part of the Ship or Loading belongs to any Hollander. And that there is in the Ship three great Anchors, and a Warp-Anchor, three great Cables, two Haassers and a Pertling: all Masts clad, and Blocks full. And depones, That about six weeks ago, he was at London with Daills in this same Ship, in the immediat preceeding voyage, which were consigned to Mr. Shorter. And all this is of truth, as he shall answer to GOD. And depones, He was taken by Captain Acheson upon the 2. of July instant.

Carsten Matzen.

Eodem die, Compeared Michael Christinsen, one of the Mariners of the said Ship, of the Age of 36. years, Married, and lives at Sunderburg: who being solemnly sworn and examined; Depones, That he was hired at Sunderburg, to go to London the former Voyage, which accordingly he performed: and was hired in this Voyage, to go to London also. And as to the residence of the Master and Mariners, depones conform to the Master. And depones, That he knows not the Owners of Ship or Loading, And that he saw not any Papers hid, destroyed, or cast overboard.

  • M. C. C. Bickerstaff.
  • M. Jo. Stuart.

Commission of the Lords, conform to their Interlocutor 22. Februarii 1673.

IN actione rescissoria intentata coram Senatu Regni Scotiae, ad instantiam Christiani Matthiae, navarchi & alterius ex exerciteribus navis Danicae, cui nomen Palmae Sunderburgensi, tam prose quam pro altero exercitore ejusdem navis, ac Christiana Hammers domina mercium quibus onera­ta fuīt, agentis; adversus Alexandrum Acheson praefectum navi bellicae Brussia dictae, ejusque navis exercitores, aliosque quorum interest; ad rescindendam sententiam quandam, à Suprema cu­ria Admiralitatis latam, qua dicta novis Palma Sunderburgensis cum mercibus damnata est; adque restitutionem ejusdem navis, ac mercium, actoribus, cum omni causa faciendam, vel pre­tium eisdem solvendum, atque damnum resarciendum. Partibus de tota re controversa in judicium vocatis & auditis, superque scriptis ab utriisque exhibitis, deliberato; VISUM EST SENATUI, Ex eó quod navis de qua queritur, literis trajectitiis juxta formulam foederis inter serenissi­mum Regem nostrum, ac Regem Daniae initi, non esset instructa, etsi primo Julio, superioris anni, ex Norvegia (postquam jam diu belium inter serenissimum Regem nostrum, & Ordines uniti Belgii vulgo innotuerat) solverit; non quidem, per se, induci confiscationem navis aut mercivum; sed illud tamen, navi capiendae, atque huc adducendae, ut in eam inquireretur; justam prebuisse causam. Adeoque & onus probationis, per documenta & testes, omni excep­tione majores, actoribus imponere; navem atque merces ad confaederatos, & non ad hostes pertinere: nec ad hoc probandum (alioquin sufficiens, si dum literae trajectitiae impretra­rentur adhibitum fuisset) jusjurandum navarchi, aut exercitorum, nunc sufficere. Praeterea cum literae istae, quibus navis instructa fuit, scriptae sint in genere, & ante bellum, nec de iti­nere, in quo navis deprehendebatur, mentionem ullam speciatim faciant; cumque constet, ex jurejurando navarchi, instrumentum locationis conductionis, quod penes se habuerat, ab eo, dum caperetur, celatum fuisse; Visa satis haec, ad inducendam probationem praesumptivam simulatio­nis cujusdam, navemque ac bona non esse libera: sed quae contrariam nihilomninus positivam probationem admittat, qua per documenta ac testes, exceptione omni majores, probetur; n [...] ­vem atque merces ad subditos Regis Daniae, serenissimi Regis nostri confaederati, pertinere: nisi eadem, à reis, probentur pertinere ad Regis nostri hostes. Cumque insuper, ex dicto locatio [...] conductionis instrumento patet, verum portum, ad quem hoc itinere navis conducebatur, aut celatum fuisse, aut conductricis locatorisve arbitrio relictum; vel hoc solum suffici re, visum, ad confiscationem & navis & mercium, etiamsi alio (que) libera esse probentur: dummodo rei do­cere queant tabulas abiegnas, cujusmodi illae fuere quibus navis onerebatur, ejus generis mer­cium esse, secundum consuetudinem Admiralitatis, vel Anglicae vel Belgicae, quas vulgo contra­banda vocant: cujus tamen rei, contraria probatio actoribus permittitur. Concessum praeterea actoribus, uti documentis ac testimoniis idoneis, probent, quanti navis cum caperetur, pretii fuerit: quot & quales tabulae fuerint, quibus erat onusta; & quanti eas vendituri fuissent, fi ad portum, quo revera navis, presenti itinere, destinabatur, appluissent. Vt autem rite ea qua in alteruiram partem probari convenit, probari possint; SENATUS Praesides, Consules, & Senatus Civitatum Sunderburgensis & Christianiensis, praesectumque civitati Londinensi, obnixe rogat; uti testes, ad­hibita jurisjurandi religione, de iis quae supra dicta sunt, examinent, illorumque dicta, scripto ex­cepta, ab ipsis nominibus suis (si scribere norint) & ab actuariis seu scribis civitatum, subscribi curent, atque unà cum hoc praesenti scripto obsignata, actoribus, vel eorum mandatariis ante diem pri­mum mensis Junii, proximè futuri, huc referenda tradant. Actum in Senatu, Edinburgi ad diem vigesimum secundum mensis Februarii, anno Christiano, millesimo sexcentesimo septuagesimo tertio, sub Sigillo nostrae Curiae, & ex Chirographo Magistri Alexandri Gibson Scribae Curiae, Depu­tati Domini Archibaldi Primrose de Carintoun, Militis Baronetae, Clerici Registri, Parliamenti, ac Consilii supremi Domini nostri Regis.

Al. Gibson.

Report of the Magistrates of Sunderburg.

Nos Consules ac Senatores Civitatis Sunderburgensis, notum testatum (que) facimus, oblatum nobis fuis­se Rescriptum quoddam Senatus Regni Scotiae, datum die vicesimo secundo mensis Februarij proximè praeteriti, quo rogati sumus, ut testes, de capitibus quibusdam controversis, in actione inter Christianum Matthiae navarchum navis Palmae Sunderburgensis, & Alexandrum Acheson, praefectum navi bel­licae, Brussia dictae, coram eodem Senatu pendente; examinaremus: prout dicto Rescripto fuse continetur. Qua in re, ne officio nostro deessemus, ad instantiam actoris, testes infra scriptos, in judicium vocari cu­ravimus: ninirum Matthiam Pauli Plaet, Ernestum Uthermohlen, Thomam Thomsen, Johan­nem Dahler, Roticherum Kruss, & Jacobum Jensen Becker, cives hujus civitatis, virosque fide dignos, atque omni exceptione majores; qui comparentes, singulique interrogati, juramento corporali ab ipsis praestito, affirmavere & declaravere, dictam navem in hac civitate fabricatam, ad praenomina­tum Christianum Matthiae, & Johannem Jebsen, eosque solos, nunc pertinere, atque eo tempore [Page 8] quo capta est, & in Scotiam abducta, pertinuisse: eodemque tempore ad quinque mille nummos imperiales, aestimari potuisse: eosdemque subditos esse Serenissimi Regis Daniae & Norwegiae. Causam scientiae itidem sub juramento reddentes, quòd noverint illos cives, indigenas, atque incolas esse hujus civitatis, navemque in eorum & non aliorum usum fuisse fabricatam, ipsosque ab eo tempore ean­dem solos instruxisse, atque abromnibus, solos ejusdem Dominos habitos ac reputatos fuisse, & ad­huc esse: tantique quum Christianiâ Londinum versùs, mense Junio superioris anni, iter susciperet; ab illis vendi potuisse. Quorum in fidem nomina sua subscripsere atque figilla consueta apposuere.

  • Matys Paulsen Plat.
  • Ernst Uther mohlen.
  • Thomas Thomensen.
  • Jens Dahler.
  • Rotger Kruss.
  • Jacob Jensen Becker.

Comparuere & ipsi Christianus Matthiae & Johannes Jebsen, Cives nostri, nobisque optimè noti qui itidem, juramento corporali praestito affirmavere ac declaravere; dictam navem hîc suis, non ali­enis sumptibus, fuisse fabricatam; ad seque solos, ex quo aedificata fuit, semper pertinuisse, & ad­huc pertinere: eamque eo itinere in quo capta fuit, Christianae Hammers civi ac incolae civitatis Christianensis in Norvegia, tabularum abiegnarum, quibus ab ipsa onerabatur, Londinum devehen­darum gratia, locatam fuisse: atque eo tempore a se vendi potuisse pretio, quinque millium num­mum imperialium. Onus autem totum, praeter tabulas septingentas ad Navarchum & Nautas perti­nentes, ad eandem Christianam Hammers pertinuisse.

  • Carsten Matzen.
  • Jens Jebsen.

Quae omnia ita in hac Curia in pleno Senatu, uti supra scripta sunt, peracta esse, publico hoc in­strumento attestamur. Sunderburgi, die quarto Mensis Julii, anno millesimo sexentesimo septuagesimo etrtio.

Ad mandatum Senatus subscripsi, Christianus Arent Fischer, Jud. Secret. Juratus.

Report of the Magistrates of Christiania.

PRaeses, Consul, ac Senatores Civitatis Christianiensis, notum testatumque facimus, oblatum nobis fuisse Rescriptum quoddam Senatus Regni Scotiae, datum vicesimo secundo Mensis Februarii, proximè praeteriti, quo rogati sumus ut testes de capitibus quibusdam controversis, in Actione inter Christianum Matthiae Navarchum navis Palmae Sunderburgensis, & Alexandrum Acheson Prae­fectum navi bellicae Brussia dictae, coram eodem Senatu pendente, examinaremus; prout dicto Rescripto fuse continetur. Quae in re, ne officio nostro deessemus, ad instantiam actoris, testes infra scriptos in Ju­ducium vocari curavimus, nimirum Claudium Joachimi Schumacherum, Petrum Nicolai seniorem & Bartholum Eliae Cives hujus urbis, virosque fide dignos, atque omni exceptione majores. Qui com­parentes, singulique interrogati, juramento Corporali, ab ipsis prestito, affirma [...]re & declarav [...]rei [...] Dictam Navem a Christina Hammer hinc Londinum, in Anglia, versus, conductam fuisse; menseque Junio, superioris anni, fuisse oneratam tabulis abiegnis & pineis integris, undecies mille octin­gentis viginti octo, dimidiatis verò sexcentis sexaginta sex, longitudinis a novem vel decem, ad duodecem pedum, latitudinis vero pedis circiter unius; quae omnes pertinuere ad eandem Chri­stinam, preter septingentas quae pertinebant ad Navarchum ipsum, atque nautas; dictamque Christinam Hammer Civem, atque incolam esse hujus urbis, proindeque serenissimi Regis Da­niae & Norwegiae, subditam. Causam reddentes scientiae: Quòd praesentes essent dum inter dictam Christinam, atque navarchum de locatione conductionèque navis ageretur. Item, quód scirent tabu­las ab ea ad Navem onerandam comparatas fuisse, & viderint eas illius nomine Navi imponi: quòdque eandem Christinam atque maritum ejus, paulò antequam navis conduceretur, fatis defunctum (& qui hinc à longo tempore ejusmodi merces Londinum mittere, tam suo quam me [...]torum Londi [...]ensium nomine, erat folitu [...]) optimè noverint. Existimare autem se, navenm ad [...] nomi [...]um Christianum Matthiae navarchum, & Ioannem Jebsen mercatorem, Cives Sun­derburgenses, [...]o [...]qu [...] sol [...]s, pertinere; ac semper ex quo aedificata esset, pertinuisse: quod ean­dem ab illis solis exerceri, ejusdemque ipsos Dominos habitos ac reputatos esse, scirent: Inque fidem horum omnium quae à se juratis dicta sunt, nomina suae ac figilla apposuere.

  • Peder Nielsen. elder.
  • Claes Jo. Schumacher.
  • Berthel Hellesen.

Comparuit & dicta Christina Hammer, civis nostra, nobis (que) optimè nota, quae ipsa quo (que) juramen­to corporali praestito, affirmavit & declaravit, supradictam navem Palmam Sunderburgensem, mense Junio anni superioris, a Christiano Mathiae navarcho, oneris tabularum abiegnarum & pinearum, Londinum devehendi gratiâ, se conduxisse; eandem (que) ejusmodi tabulis numero [...]n­decies mille octingentarum vinginti octo integrarum, sexcentarumque vero sexaginta octo di­midiatarum, longitudinis a novem vel decem ad duodecim pedum, unius (que) vero circiter pedis latitudinis, onerasie: quae omnes, praeter septingentas quae ad navarchum nautas (que) spectabant, ad [...]e propriê pertinuere. Optim è autem sibi navarchum notum esse, ceu cujus operâ aliquoties vir ejus, dum viveret, usus fuerit; eundem (que) navarchum, & Ioannem Iebsen cives Sunder burgenses, credere se dictae navis Dominos solos esse, quòd ab illis solis sciret aliquandiu exerceri, ipsos (que) illius exercitores, semper habitos ac reputatos fuisse. Quorum in fidem nomen ac sigillum suum hic apposuit.

Kirsten Hammer, Relict of Jens Paulsen.

Quae omnia ita in Senatu nostro, uti supra scripta sunt, peracta esse, publico hoc instrumento, Ci­vitatis nostrae Sigillo munito, attestamur. Christianiae, dit 12. Augusti, anno millesimo sexcentesimo septuagesimo tertio.

Locus Sigilli.
Christianus Rosingius, Notar. Christ.

Report from the Lord Major and Aldermen of London.

TO ALL that shall see these presents, or hear them to be read; and specially to the Lords of Council and Session in Scotland, Sir ROBERT HANSON Knight, Lord Major, and the Aldermen or Senators of the City of London, send Greeting. Know ye, that on the day of the Date hereof, by virtue of the Commission annexed, there appeared, and personally came into the Kings Majestie's Court holden before us, in the Chamber of the Guildhall of the said City, the several Deponents hereafter named, being Persons well known, and worthy of good faith and credit; who, in answer to the several Queries and Allegations in the said Commission contained, did by their solemn Oath, which they severally took upon the holy Evangelists of Almighty God, before us, then and there solemnly declare, testifie and depose for certain and undoubted truth, in manner and form as in their several Depositions underwritten, is at large contained, viz.

John Shorter of London Merchant, aged fourty eight years or thereabouts, sworn and examined by virtue of the said Commission, deposeth and saith upon his corporal oath, That he knoweth Carsten Matsen, Master of the Ship Palm-tree; and that he, this Deponent, believeth him to be one of the Owners of the said Ship, and Hans Jebsen to be the other, but the said Hans Jebsen the chiefest. And this Deponent, for reason of his knowledge and belief hereof, saith, that he hath formerly imployed the said Carsten Matsen, when that he was Master of the Ship White Lillie, and hath continually imployed him the said Matsen, to bring Goods for him from Norway in the said Ship Palm-tree, from the very first Voyage she made after her being built, until the last Voyage before her being taken and carryed into Scotland; and that he this Deponent, hath formerly received Advice by writing from the said Jebsen, importing his concern and propriety in and to the said Ship Palm-tree. And this Deponent also saith, that he verily believeth, that at the time of the Capture of the said Ship Palm-tree, she was designed, and coming with her Loading of Daills to this Port of London; and that her said Loading did, and doth properly and solely be­long unto the Widow Christina Hammers of Christiania. And this Deponent, for reason of his be­lief hereof, saith, that in May, 1672. this Deponent did write unto Jens Paulsen, the Husband of the said Christina, who was then living, that he should endeavour the loading of the said Ship Palm-tree with Daills, in order to her coming again to this Port of London; and the said Paulsen being dead before that Advice could come to his hand, his Widow the said Christina did accor­dingly take care, and loaded the said Ship Palm-tree with Daills, according to the said Order and Advice of this Deponent; and consigned the said Loading of Daills unto him this Deponent, to this Port of London, to be here sold and disposed of for her Accompt, except what was the Ma­sters and Ships Companies; as by the Letters of Advice, received by this Deponent from the said Christina Hammers, and one Jens Jensen of Christiania, the Correspondent of this Depo [...]ent, may appear. And this Deponent verily believeth, and hath alwayes so understood for several years past, that the said Carsten Matsen, Hans Jebsen, and Christina Hammers, are Subjects of the King of Denmark, and of no other Prince or Nation whatsoever. And this Deponent further saith, that he verily believeth that the said Loading of Daills, had they arrived and come to this Port of London, when the said Ship was surprised and taken, they might have been here sold for at least five pounds the Hundred; for that this Deponent did then sell the very same Persons Goods which came hither in the said Ship Palm-tree (the last Voyage before her being taken) for above five pounds ten shillings a Hundred, and for near six pounds a Hundred, it being then the price current, this Deponent sold such Daills for at this Port of London. And moreover, this Deponent saith, that he never knew or understood, that Norway Firre-daill [...] were ever accounted, by the Custom of the Court of Admiralty in England, counterband Goods, or that they are so adjudged during this War.

John Shorter.

Peter Splidt of London Merchant, aged fourty nine years or thereabouts, sworn and examined by virtue of the said Commission, deposeth and saith upon his corporal Oath, That he well knoweth Carsten Matsen Master of the Ship Palm-tree of Sunderburg, and that the said Carsten Matsen and Hans Jebsen are Owners of the said Ship Palm-tree. And for reason of his knowledge of the same, this Deponent saith, That he hath known all the Freights that the said Ship Palm-tree and White Lillie hath brought to this Port of London, for several years now past, and hath received the Moneys due for the same Freights here in London, by the order of the said Owners, and for their Accompt, and afterwards remitted the same to them by Bills of Exchange, for their own proper use. And this Deponent also very will knoweth, that the said Ship Palm-tree was loaded at Chri­stiania with Daills, and bound for this Port of London, when that she was taken and brought into Scotland in July last; and that the said Ships Loading was consigned to Mr. John Shorter of Lon­don Merchant, to be sold at this Port of London for the proper Accompt of Christina Hammers of Christiania (except what was the Masters, and Ships Companie's) for that this Deponent both before and since the said Ship's Capture, had several Letters writ and sent to him from the said Christina Hammers, signifying, that the said Ship and her Loading of Daills were intended and consigned as aforesaid. And this Deponent knoweth, that the said Carsten Matsen, Hans Jebsen, and Christina Hammers, are Subjects of the King of Denmark, and of no other Prince or Nation whatsoever. And this Deponent further saith that the said Ship's Loading of Daills would have been worth, and sold for here at this Port of London (had they been brought hither when that she was surprised and taken) the several prices following, viz. The eleven and twelve foot Daills for six pounds the Hundred; and the nine and ten foot Daills for five pounds a Hundred: and that he this Deponent, then sold such Daills for the said Prices (that were of the same Par­cel, as those were of laden in the said Ship Palm-tree, when she was taken) which came con­signed to this Deponent to this Port of London, in June, 1672. in the Ship St. Peter of Sunder­burg, John Matsen Master, laden at Christiania aforesaid, by Jens Paulsen deceassed (late Husband of the said Christina Hammers) and Jens Jensen, of Christiania aforesaid, Merchant. And this Deponent moreover saith, that he never knew or heard, that by the Custom of the Court of Ad­miralty in England, Norway Daills were ever accounted counterband Goods, or that they are ad­judged so during this present War.

Peter Splidt.

Hans Paulsen, Master of the Ship called the Flying Hart of Sunderburg, aged twenty four years of thereabouts, and Peter Jebsen, Master of the Ship called the St. Peter of Sunderburg, aged twenty two years or thereabouts, both Inhabitants of Sunderburg aforesaid, and Subjects of the King of Den­mark, but at present in this City of London; sworn and examined by virtue of the said Commission, depose and [...]ay, upon their corporal Oaths, jointly as followeth, viz. That they very well know Car­sten Matsen, Master of the Ship Palm-tree of Sunderburg, in the said Commission named, and that the said Ship belongeth and appertaineth to Hans Jebsen and the said Cars [...]en Matsen, who are both Subjects of the said King of Denmark. And these Deponents say, that in July last past, in the Voyage in which the said Ship was taken and brought into Scotland, she was designed and intended with her Loading of Daills for the Port of London, and to no other Port whatsoever. And these Deponents do certainly know, and solemnly affirm, that the Loading of the said Ship when she was first taken, did and doth properly and solely belong and appertain unto Christina Hammers, in the said Commission named, who is a Subject also of the said King of Denmark. And these Deponents also well know, that the said Ship Palm-tree was built at Sunderburg aforesaid, for that they saw the said Ship there upon the Stocks, when she was building. And that they, these Depp [...]ents, were at Christiania in Norway, where the said Ship was loaden: and did there­fore know, that the said Loading of the said Ship belonged to the said Christina Hammers, and that the same was designed only for the Port of London as aforesaid.

  • Hans Paulsen.
  • Peder Jebsen.

Charles Moore, Notary publick, and Deputy-Register of the High Court of Admiralty of England, aged fourty three years or thereabouts, and John Hough Notary publick, one of the Clerks of the said Court, aged twenty eight years or thereabouts; sworn and examined by virtue of the said Commission, depose and say, upon their corporal Oaths, That by the Custom of the Court of Admiralty of Eng­land, Firre Daills are not nor never were since their remembrance, accounted counterband Goods. Givi [...] for reason of their knowledge, for that he the said Charles Moore hath belonged to the said Court, as a Clerk and Deputy Register, for the space of twenty years, and he the said John Hough for the sp [...] of seven years; and are acquainted, and do very well know, that during the time of the last War, and this present War, several Ships loaden with Firre Daills (after it was made to appear in the said Court they belonged to Friends and Allies) have been restored to the Owners; and more particularly, the Ship called the Dram of Norway, the Christianus quintus, the Salva [...]r, and several others.

  • Charles Moore.
  • John Hough.

IN FAITH and testimony whereof, we the said Lord Major and Aldermen of the said City of London, the Seal of the Office of Majorality of the same City, to these Presents by us signed, have caused to be put and affixed, and the same to be signed by our Town Clerk; Dated in London, the 22. day of July, anno Dom. 1673. and in the five and twentieth year of the reign of our Soveraign Lord King Charles the second, by the Grace of GOD, of England, Scotland, France and Ireland King, Defender of the Faith, &c.

  • Robert Hanson, Major.
  • Wagstaff.
  • Thomas Bludworth.
  • William Turner.
  • John Moore.
  • John Frederick.
  • Richard Ford.
  • William Prichard.
  • William Peake.
  • James Edwards.
  • Robert Clayton.
  • Patience Ward.

Relating to the Ship the Patience.

Pass from the Town of Sunderburg.

AUgustissimi ac potentissimi Regis Christiani quinti, Daniae, Norwegiae, Vandalorum, Gotho­rumque Regis, &c. Nos constituti Consules ac Senatores Civitatis Sunderburgi, universis & singulis cujuscunque Dignitatis status, conditionisve fuerint, has Literas nostras inspectu­ris, ut cujusvis status & conditio postulat; notum facimus & testamur, quòd harum praemonstra­tor Civis noster dilectus, Johannes Petri Nauta, officiosè nobis significaverit, quâ ratione cum presenti sua Navi, hîc apud nos structa, & Patientiae nomine insignita, illi (que) adjunctis & illatis mer­cibus, ad tractanda sua negoria, & honestam versuram exercendam, divino savente numine, in mari Orientali & Occidentall, pro re natâ & occasione datâ hoc vere & futura aestate dur [...]nte, [...]gate constituit; officiosè & obuixè a nobis petendo, &c. Est itaque, &c. De verb [...] in verbum, as in the Pass granted for the Ship the Palm-tree, except the difference of the Date,

this being dated 18. March, 1672.

Toll-Schedule.

In His Royal Majesties Custom-office in Christiania, Hans Petersen, from Sunderburg, Skipper of the Pinnace-Ship, with two Tops, called, the Patience, presently sailed by him, of the big­ness according as the Met-brief bears, of 1041/ [...] lasts, of date at Dramm, 26. April, 1671. ar­rived here the 14. of this instant, with 9800. Daills, and payed for each Last 4 1/ [...] Ricks-Ores, cometh in all to 117. Ricks-Dallers, 2. Marks, and 6. Shillings: and passes free. Datum Chri­stianiae, in the Custom-office, 22. Junii. 1672.

  • Locus Sigilli. Jurgen Seckman.
  • Registred, Nicolas Fluggen.

Freight-Brief.

Anno 1672. the 23. June, In the Name of the Holy Trinity, we undersubscribers did accord and agree together, in manner following, That I Jens Jensen in Christiania unto Skipper John Petersen, for his present possessed Ship, called the Patientia from Sunderburg, after (GOD grant) a happy Arrival for London, shall pay him for Freight 175. lib. sterl. But if unexpect­edly, contrary, and against his will, he should be carried for Holland, he after a good Delive­ry there, should have for his Freight 780. Ricks-Dalle [...]. That this by GODS assistance, both from me Freighter Jens Jensen, and me Skipper John Petersen, may he accomplished and kept without skaith, we have these few lines, both together subscribed, and every one of us taken a Copy for himself. Done at Christianiae, year and day as above.

Jens Jensen.

Furthermore, there is promised to the Skipper for his Caplaken, 5. lib. sterl.

Missive Letter by the Freighter, to Peter Splidt, Merchant in London.

Much Honoured and Respected Friend, Signior Peter Splidt, Salutem. Since my Cousin Skipper John Petersen from Sunderburg, has bought his Loading of good D [...]ills, from me and an­other good Friend, I intreat you humbly, that after GOD does grant him a happy Arrival, you will be pleased to be helpful unto him, in exchanging the same. And if he should deliver you any Mony, which for his own Loading, he remained resting to a Friend here; I intreat you to accept of it, and if possible, by a sure hand in Hamburg, to order it hither. Time will no more permit me for the present, but I shall write more about it with Nomen Ipsen. Be recom­mended to GODS Mercy.

Your willing Friend, Jens Jenseu.

Depositions of the Master, and one of the Mariners, before the Admirality.

Edinburgh, 13. July, 1672. Compeared Hans Petersen Master of the Ship, called, the Pati­ence, of the Age of 31. years, Married, who being solemnly sworn and examined; Depones. That he was born, and dwels at Sunderburg, and that there are ten Eaters in the said Ship, who live all in Jutland. And depones, that the Ship was built at Sunderburg a year since, and that he has been Master of her ever since. And that he first brought the Ship from Sunderburg with Ballast to Christiania in Norway, and went from Christiania to London, with a Loading of Daills, to Mr. Pottinger there; and went again from London to Christiania with Bailast. And at Laerwick took a new Loading of Daills upon Mr. Pottinger's Accompt, and came back therewith to London. And from that went to Newcastle, and took in a Loading of Coals, and from that went to Sunder­burg. And then, the first of April last, was freighted by Aptaket Be [...]ket, at Jones in Finie, to take a Loading of Cornes to Bremen, and by storm of Weather was put up to Amsterdam, and Law­rence Kettlestoun there, got the said Cornes from the Deponent. And came with Ballast from Amsterdam to Christiania, without any Order or Advice from his Owners, the Deponent and his Brother being most part Owners. And depones, That he loadned the Ship with 9800. Daills, at Christiania in June last, and got Mony from Jens Jensen, who is a 32. part Owner, and lives there. And depones, That he was going to London with the said Loading, but was ta­ken by the way, upon the 2 July instant, about three or four leagues off the Shoar of Norway, by Captain Acheson. And depones, That the Charter-party, and the Letter of Advic were di­rect to Mr. Splidt in London, who was to help the Deponent to sell the Loading. And depones, That no part of Ship or Loading belongs to any of the Subjects of the United Provinces. And depones, That he cast no Papers overboard, nor has no papers concealled, except the Charter-party and missive Letter above written. And depones, The Ship is of burden 104. Last, 4. Auchors, 3. Cables, one Haasser, and a Pertling, and Masts clad, and Blocks full. And all this is of Truth, as he shall Answer to GOD.

Hans Petersen.

Eodem die. Compeared Niels Christiensen Mariner in the said Ship, of the age of twenty years, unmarried, who being solemnly sworn and examined, Depones, That the Master and Mariners are all Danish men, and that he was hired to go to London with this Loading. And that he knows not of any Papers throwen overboard, destroyed, or concealed.

M. Jo. Stuart.

Commission of the Lords.

In actione rescissoria intentata coram Senatu Regni Scotiae, ad instantiam Ioannis Petri na­varchi & anias ex exercitoribus navis Danicae, cui nomen Patientiae Sunderburgensi, tam pro se quam pro caeteris exercitoribus ejusdem navis, ac Ioanne Ioannis domino mercium quibus oneratae suit, agentis; adversùs Alexandrum Acheson, praefectum navi bellicae, Brussla dictae, ejusque navis exercitores, aliosque quorum interest; ad rescindendam sententiam quandam à suprema Curia Admi­ralitatis latam, qua dicta navis Patientia Sunderburgensis cum mercibus damnata est, adque restitutionem, &c. as in the Commission for the other Ship, the Palm-Tree.

Report of the Magistrates of Sunderburg.

Nos Consules, ac Senatores Civitatis Sunderburgensis notum testatumque facimus, oblatum nobis fuisse Rescriptum quoddam Senatus Regni Scotiae, datum die vicesimo secundo mensis Februarii, proxi­me preteriti, quo rogati sumus, ut testes, de capitibus quibusdam controversis, in [Page 13] actione inter Ioannem Petri navarchum navis Patientiae Sunderburgensis, & Alexandrum Acheson praefectum navi bellicae, Brussia dictae, coram eodem Senatu pendente, examinaremus: prout dicto Rescripto fusè continetur. Qua in re, ne officio nostro deessemus, ad instantiam actoris, testes infra scriptos in Judicium vocari [...]avim [...]s: [...]imi [...]um Hermannum Cuhe, Ioannem Pauli, Ioan­nem Kaedt, Hermannum Thormohlen, Nicolaum Nicolai, & Laurentium Josten, cives hujus civitatis, virosque fide dignos, atq [...] omni exceptione majores. Qui comparentes, singulique inter­rogati, juramento corporali ab ipsis [...], [...]ffi [...]mavere & declaravere; Dictam navem, in hac civi­tate fabricatam, ad praenominatum [...] Petri, Paulum Petri ejus germanum, Ioannem Chri­stianum Helm, & Tichonem Ma [...] mercatores, Laurentiumque Georgii nautam, cives omnes Sunderburgenses, atque Ioannem Ioan [...], ac Christianam Hammers, cives Christainienses; eosque solos, nunc pertinere, temporeque quo c [...]pta est, & in Scotiam abducta, pertinuisse: atque eo tem­pore, ad ter mille & quingentos nummus imperiales aestimari potuisse. Eosdemque subditos esse serenissimi Regis Daniae & Norw [...]giae. Ca [...]sam scientiae itidem sub juramento reddentes, quòd nove­rint illos cives, indigenas, atque incolas hujus atque Christianiensis civitatis esse; ipsosque, ab eo tempore quo fabricata esi, eandem navem solos instruxisse, atque ab omnibus solos ejusdem Dominos habitos ac reputatos fuisse, & adhuc esse: tantique quum Christiania, Londinum versùs, mense Junio, superioris anni, iter susciperet; ab illis vendi potuisse. Quorum in fidem nomina sua subscripsere atque sigilla consueta apposuere.

  • Herman Thor Mohlen.
  • Nis Nielsen.
  • Laurentz Josten.
  • Herman Cuhe.
  • Hans Paulsen.
  • Jens Kaett.

Comparuere & ipsi Ioannes Petri navarchus, Ioannes Christianus Helm & Ticho Matthiae mercatores, cives nostri nobisque optimé noti, qui itidem juramento corporali praestito; aff [...]mavere ac declaravere, Dictam navem ad se ac Laurentium Georgii, & Paulum Petri nautas itidemque cives hujus civitatis; (qui j [...]m vero hic non in loco, sed respective Londinum ac Galliam versùs quo à serenissimi Regis Daniae & Norwegiae subditis, cum suis navibus conducti sunt, iter susce­pere) etiamque ad Ioannem Ioannidem, & Christianam Hammers, cives Christianienses, solos per­tinere, eamque quo tempore capiebatur, iter Christiania Londinum versùs faciens, à dicto Ioanne Ioannide conducta, à se vendi potuisse pretio trium millium ac quingentorum nummum imperialium. Onus autem totum, tabulis constans abiegnis, praeter mille, ad navarchum & Nau­tas pertinentes, ad eundem Ioannem Ioannidem propriè pertinuisse.

  • Hans Petersen.
  • Hans Christian Helm.
  • Tuge Matsen.

Quae omnia ita in hac Curia in pleno Senatu uti supra scripta sunt, peracta esse, publico hoc in­strumento attestamur. Sunderburgi die quarto mensis Julii, anno millessimo sexcentesimo septuagesimo tertio.

Ad mandatum Senatus subscripsi Christianus Arent Fischer, Jud. Secret. Juratus.

Report of the Magistrates of Christiania.

Praeses Consul ac Senatores Civitatis Christianiensis notum testatum (que) sacimus, oblatum fuisse nobis rescriptum quoddam senatus Regni Scotiae, datum vicesimo secundo mensis Feberuarii proximè prae­teriti, quo rogati sumus, ut testes, de capitibus quibusdam controversis, in actione inter Joannem Petri nvarachum navis Patientiae Sunderburgensis, & Alexandrum Acheson, praesectum navi bel­licae Brussia dictae, coram eodem Senatu pendente, examinaremus: prout dicto rescripto fusè continetur. Qua in re, ne officio nostro deessemus, ad instantiam actoris, testes infra scriptos, in judicium vocari cuaravimus: nimirum Petrum Petri Mollerum, Magnum Laurentil, Nicolaum Joannis Gri­sium, & Christianum Pauli, cives hujus urbis, viros (que) fide dignos, atque omni exceptione majores. Qui comparentes singulique interrogati, juramento corporali ab ipsis praestito, affirmavere & declaravere, dictam navem a Joanne Joannide hinc Londinum, in Anglia, versùs conductam suisse; mense (que) Junio superioris anni, fuisse oneratam tabulis abiegnis & pineis integris, octies mille quingentis quadraginta octo, dimidiatis vero quadringentis & sexaginta, longitudinis â novem vel decem ad duodecim pedum, latitudinis vero circiter unius, ad eundem Joannem Jo­annidem pertinentibus, atque mille integris pertinentibus ad ipsum navarchum ac nautas. Dictum autem Joannem Joannidem civem at (que) incolam esse hujus urbis, proinde (que) serenissimi Regis Daniae & Norvegiae subditum. Causam reddentes scientiae, quòd praesentes essent dum inter dictum Joan­nem atque Navarchum de locatione conductioneque ageretur: item quòd scirent tabulas ab eo ad navem onerandam, fuisse comparatas, & viderint easdem illius nomine imponi navi, quod (que) [Page 14] eundem Joannem Joannidem optimê noverint eundem (que) semper Londini, nec usquam alibi negotiatum. Existimare autem se navem ad eundem, Christinam (que) Hammer, Civem & illam quoque, hujus urbis, item Joannem Christianum senatorem Sunderburgensem, & dictum Navarchum, Paul­lum Petri, ejus germanum, Tichonem Matthiae, & Lauerentium Georgij, Cives Sunderburgenses, eosque solos pertinere, ac eo tempore quo capta est, pertinuisse. Quòd eandem ab illis solis ex­erceri, ejusdem (que) ipsos Dominos habitos ac reputatos esse scirent. Inque fidem horum omni­um, quae a se juratis dicta sunt, nomina sua ac sigilla hic apposuere.

  • Peder Pedersen Moler.
  • Nies Hansen Gris.
  • Magnus Laurensen.
  • Christian Paulsen.

Comparuere & dicti Joannes Joannides, & Christina Hammer, Cives nostri nobis (que) optime noti, qui & ipsi quoque juramento corporali praestito, affirmavere & declaravere, praedictam navem ad se, supraque nominatos Cives Sunderburgenses solos pertinere, ac tempore quo caperetur, pertinuis­se. Dicto Joanne Joannide insuper affirmante, ac declarante, eandem navem, mense Junio, anni superioris, oueris tabularum abiegnarum & pinearum, Londinum devehendi gratiâ, se conduxisse; eamque id genus tabulis, numero octies mille quingentarum quadraginta octo integratum, quadringentarum (que), & sexaginta dimidiatarum, longitudinis a novem vel decem ad duodecim pedum, uniusque vero circiter pedis latitudinis, onerasse; quae ad se propriè pertinuere: praeter quas, fuisse ad mille integras, longitudine latitudineque superioribus pares, navi impositas, quae pertinuere ad navarchum, atque noutas. Quorum in fidem nomina sua ac siglla apposuere.

  • Jens Jensen.
  • Kersten Hammer, Rilect of Jens Paulsen.

Quae omnia, ita in Senatu nostro, uti suprà scripta sunt, peracta esse, publico hoc instrumento Civitatis nostrae sigillo munito, atestamur. Christianiae die 12. Augusti, anno millessimo sexcente­simo septuagesemo tertio.

Christianus Rofingius. Notar. Christ.

Report of the Lord Major and Aldermen of London.

TO ALL that shall see these Presents, or hear them to be read, and especially to the Lords of Coun­cil and Session of Scotland, Sir ROBERT HANSON Knight, Lord Major, and the Aldermen or Senators of the City of London, send Greeting: Know ye, that on the day of the Date hereof, by vir­tue of the Commission annexed, there appeared, and personally came into the Kings Majesties Court, holden before us, in the Chamber of the Guildhall of the said City, the several Deponents hereafter named, being Persons well known, and worthy of good Faith and Credit; who, in answer to the several Que­ries and Allegations in the said Commission contained, did by their solemn Oath, which they seve­rally took upon the holy Evangelists of Almighty God, before us then, and there solemnly declare, testify and depose, for certain and undoubted truth, in manner and form, as in their several Depositions is at large contained, viz.

Peter Splidt of London Merchant, aged fourty nine years, or thereabouts, sworn and examined by virtue of the said Commission, deposeth and saith upon his corporal Oath, That he well knoweth Hans Petersen Master of the Ship Patience of Sunderburg, and that the said Hans Petersen, Tyge Matsen, and Hans Christian, are the Owners of the said Ship Patience, and Inhabitants of Sun­derburg aforesaid, and Subjects of the King of Denmark, and of no other Prince or Nation whatso­ever. And for reason of his knowledge hereof, this Deponent saith, that he hath known all the Freights, that the said Ship Patience hath brought to this Port of London, for several Years now past. And by the order and appointment of the said Owners, and for their Accompt, this De­ponent hath received the several Sums of Money due for the said Freights, here in London, and afterwards remitted the same to them by Bills of Exchange, for their own proper use. And this Deponent knoweth, That the said Ship Patience was laden with Daills at Christiania, by Jens Jen­sen Merchant there (a Subject also of the said King of Denmark,) and was bound for this Port of London, and no other Port whatsoever, at the time when she was taken and carried into Scotland, which was in July last. And that the said Loading was for the sole and proper Ac­compt of the said Jens Jensen, and configned by him to this Deponent, unto this Port of London, to sell the same here for him (except what was belonging to the Master and Ships Company:) For that this Deponent both before and since the Capture of the said Ship Patience, received se­veral Letters from the said Jens Jensen concerning the same Loading, and consignment thereof unto him to this Port of London, with order to take care of the Sale and Disposal thereof, for his, [Page 15] the said Jensens Accompt as aforesaid. And this Deponent further saith, That the said Ships Load­ing of Daills would have been worth, and sold for here at this Port of London, (had they been brought hither when that she was surprised and taken,) the several Prices following, viz. the eleven and twelve Foot Daills, for six Pounds the Hundred; and the nine and ten Foot Daills, for five Pounds the Hundred. And that he, this Deponent then sold such Daills for the said Prices, that were of the same Parcel, as those were of loadned in the said Ship Patience at the time of her Capture, which came consigned to this Deponent to this Port of London, in June 1672. in the Ship St. Peter of Sunderburg, John Matzen Master, laden at Christiania aforesaid, by Jens Paulsen deceassed, and the aforesaid Jens Jensen. And moreover this Deponent saith, That he never knew or heard, that by the Custom of the Court of the Admiralty of England, Norway Daills were ever accounted counterband Goods, or that they are adjudged so during this present War.

Peter Splidt.

Hans Paulsen Master of the Ship called the Flying Hart of Sunderburg, aged twenty four years, or thereabouts, and Peter Jebsen Master of the Ship called the St. Peter of Sunderburg, aged twenty two years, or thereabouts, both Inhabitants of Sunderburg aforesaed, but at present in this City of London, and Subjects of the King of Denmark, sworn and examined by virtue of the said Commission, depose and say upon their corporal Oaths, joyntly, as followeth, viz. That they very well know Hans Petersen Master of the Ship Patience of Sunderburg, in the said Commission mentioned, and that the said Hans Petersen is a Subject of the King of Denmark, and one of the Owners of the said Ship, and that Hans Christian, Tyge Matsen, Paul Petersen, and Jens Jensen (who are also Subjects of the King of Denmark,) are other of the Owners and Proprietors of the said Ship Patience. And these De­ponents say, That in July last past, in the Voyage in which the said Ship was taken and brought unto Scotland, she was designed and intended with her Loading of Daills for the Port of London, and to no other Port whatsoever. And that they these Deponents, certainly know, and solemnly affirm, that the Loading of the Ship when she was taken, did, and doth properly and solely belong and appertain unto the aforesaid Jens Jensen in the said Commission named. And these Deponents also well know, that the said Ship Patience was built at Sunderburg aforesaid, for that they saw the said Ship there upon the Stocks in the time of her building. And that they these Deponents were at Christiania in Norway, when the said Ship was laden; and did therefore know that the said Loading of the said Ship, belonged to the said Jens Jensen, and that the same was designed only to the Port of London as aforesaid.

  • Hans Paulsen.
  • Peter Jebsen.

Charles Moore Notary publick, and Deputy Register of the High Court of Admiralty of England, aged fourty three years, or thereabouts; and John Hough Notary publick one of the Clerks of the said Court, aged twenty eight years, or thereabouts, sworn and examined by virtue of the said Commission, depose and say upon their Corporal Oaths, That by the Custom of the Court of Admiralty of England, Firre Daills are not, nor never were, since their remembrance, accounted counterbond Goods. Gi­ving for reason of their knowledge, for that he the said Charles Moore, hath belonged to the said Court as a Clerk, and Deputy Register, for the space of twenty years; and he the said John Hough, for the space of seven years, and are acquainted, and do very well know, that during the time of the last War, and this present War, several Ships laden with Firre Daills (after it was made to appear in the said Court they belonged to Friends and Allies) have been restored to the Owners, and more particularly the Ships called the Dram of Norway, the Christianus quintus, the Salvadore, and several others.

  • Charles Moore.
  • John Hough.

IN FAITH and Testimony whereof, We the said Lord Major and Aldermen of the said City of London, the Seal of the Office of Majorality of the same City to these Presents, by us signed, have caused to be put and affixed, and the same to be signed by our Town Clerk. Dated at London, the two and twenti­eth day of July, Anno Dom. 1673. And in the five and twentieth year of the Reign of our Soveraign Lord, King Charles the second, by the Grace of God, of England, Scotland, France and Ireland, Defender of the Faith, &c.

Locus Sigilli.
  • Robert Hanson, Major.
  • Wagstaffe,
  • Thomas Bludworth.
  • William Turner.
  • John Moore.
  • John Frederick.
  • Richard Ford.
  • William Prichard.
  • William Peake.
  • James Edwards.
  • Robert Clayton.
  • Patience Ward.

Relating to both Ships.

Attestation of the Admirality of Holland, that Daills are not Counterband.

For satisfying, the Petition subjoyn'd, The Petitioner receives this Declaration, That Norway Daills by this Court, according to the order of Holland, are not reputed Counter­band Commodities. Actum the 13th. April. 1673.

By command of the Court, J. de Wit.
Locus Sigilli.

By the Noble and Mighty Lords, the Commissioners of the Court of Admiralty at Amsterdam.

Bernard Vander Linden, Merchant here, giveth with all beseeming reverence, to know; how that in the year 1672. the Ship called the Patience, whereof Hans Petersen of Sunderburg is Skipper; and the Ship called the Palm-trree, whereof Carsten Matsen of Sunderburg is Skipper; was caped and brought up to Edinburgh in Scotland by some Scots Capers: which foresaid Ships be­long to Sunderburg, and their Loading consists of Norway Daills. And in like manner, the Owners of the foresaid Ships and Loadings, have reclaimed the same before the Government of Edinburgh, who have brought the matter in question so far, that the Owners have to prove that Norway Daills are no ways Commodities of Counterband here in this Country, so as thereupon the said Ships and Loadings are to be declared free. Wherefore the Supplicant means himself unto your Noble and Mighty Lordships; submissively intreating, that you would be pleased to grant him a Declaration, That Norway Daills are not holden for Counterband Commodities in this Countrey, which doing, I remain,

Your Noble and Mighty Lordships Servant, Bernard Vander Linden, in name of the Skippers Carsten Matsen, and Hans Petersen of Sunderburg.

His Majestie's Declaration in favour of the Danes.

De la part de Sa Majesté le Roy de le Grand' Bretaigne, l'Extraict de la Response de Mon­sieur le Secretaire Trevor sur le Memoir de Mo [...]r l' Envoyé Extradinaire de Denne­m [...] presenté le neufiesme Ma [...].

LE Roy m'a commandé à v [...] donner [...] response an Memoir que vous auez [...] senté le neufiesme instant;

Que Sa Majéste est d'accord & [...] durant la Guerre presente, tous les Suiets du Roy de Dennemarc, de quelques Lieux qu'ils en viennent, puissent passer & repasser libre­ment, auec leurs Gents & Navires. Et quant aux Marchandises, qu'ils puissent traffiquer li­brement, & porter en tous Lieux (excepté dans les Places assiegées) toutes sortes de Bois, de Masts, de Viures, le Lin, le Chanvre, le Poix, le Goldron, & toutes sórtes de Marchandises, hormis les Munitions de Guerre, le Canon, & toutes sortes d' Armes, à feu & tranchantes; les­quelles serunt estimées contrabende.

Jesuis, Monsieur, Vostre—
I'ay fait chercher les Registres de Monsieur le Secretaire Trevor, & trouue que cet Escrit est la vraye Copie de ce que le dit Sieur Trevor escrevit alors à Monsieur l' Envoyé Extraordinaire de Den­nemarc. Henry Coventry.

An Extract of the Kings Declaration in favour of the Danes, delivered by Mr. Secretary Trevor, in answer to a Memorial of the Danish Envoy Extraordinary, in May 1672.

THE King has commanded me to give you in Answer to your Memorial which you have exhibited the 9th. Instant;

That His Majesty doth agree and declare, that all the Subjects of the King of Denmark, may during this present War, freely pass and repass from what places soever they come, with their People and Ships. And concerning their Merchandises, that they may and can freely traffick and carry to all places (except those that are besieged) all sorts of Wood, Masts, Pro­visions, Flax, Hemp, Pitch, Tar, and all other sorts of Merchandises, except Warlike Ammu­nition, Canons, and all other sorts of Arms, for firing, aswell as cutting; which shall be esteem­ed Conterband Goods.

I am Sir Your—

I have caused look the Registers of the deceassed Mr. Secretary Trevor, and find that this Writing is a true Copy of what the said Mr. Secretary wrote then to the Envoy Extraordinary of Denmark. Henry Coventry.

Protestation in behalf of the Strangers, against the Capers, their sending the Ship, the Palm-tree to Sea, after the Lords of Session (by their Sentence, Feb. 25. 1674.) had declared the same free, The like Protestation (navarchi navis (que) tantum mutatis nominibus) being made at the same time, in behalf of the Strangers concerned in the Ship the Patience.

AT LIETH and EDINBURGH, the seventienth and eightienth dayes of April, 1674. and of the reign of Our Saveriagn Lord CHARLES, the Second, the twenty s [...]xtth year. The which Dayes, in presence of me Notary publick undersubscribing, and Witnesses afternamed, compeared Mr. John Jnglis Advocat, as Factor for Carsten Matzen, Master and Part-owner of the Ship called the Palm-tree of Sunderburg, and Hans Jebsen Merchant in Sunderburg, the other Part-owner of the said Ship. And past to the House of William Binning Merchant in Edinburgh, and Residenter in the said Town of Lieth as Part-owner of the Frigat called the Bruce, whereof Alexander Acheson was Captain, and as cautioner for the said Captain. Where, having inquired at the said William Binning's Wife, if her Husband was within; and she having answered, he was not at home: he exhibited, and produced to her a Factory granted to him, by the said Carsten Matzen, and Hans Jebsen, of the Date at Sundersburg, the fifth of July, 1673. and an Act and Commission of the Lords of Council and Session, dated the two and twentieth of February, 1673. at the instance of his said Constitutents, and the Proprietar of the Loading, of the said Ship, the Palm-tree against the said Captain Acheson and the Owners of the said Frigat, and the said Captain his said Cautioner; for re­ducing of a Decreet of the Court of Admirality, for the Reasons therein mentioned; together with the said Lords their Interlocutor minuted upon the Margin of the said Act, by Mr. John Hay of Haystoun, one of the Clerks, of the date the 25. of February last, bearing, That the Lords having advised the Reports, and Depositions contained in the Reports, They found, that the Property of the Ship and Goods belonged to the said Carsten Matzen, and his Owners His Maje­sty's Allies. And therefore reduced the said Decreet before the Admirality. And also produced the Printed Articles of Alliance and Commerce between the most Serene and Potent Prince Charles the second, by the grace of GOD, King of Great Britain, France, and Ireland Defender of the Faith, &c. and the most Serene and Potent Prince, Christian the fifth, by the grace of GOD King of Denmark, Norway, &c. Concluded at Copenhagen, the eleventh day of July, 1670. and 37. Article thereof; Whereby it is declared, That it should not be lawfull, either be fore the giving of the first Sentence, or afterwards during the time of the Re-hearing, to unload, sell, or make away the Goods in controversie, unless it should happen to be done by consent of Parties. And the said Mr. John Inglis intimated to the said William Binning's Wife, that he heard, and was informed, that her Husband and his Partners were to send the said Ship, the Palm-tree to Sea; and declared his Dissent from their so doing, or disposing of the said Ship any manner of way whatsoever, as being a free Ship belonging to his Constituents, Subjects to the King of Denmark, and so found and declared by the Lords Interlocutor above-mentioned: and required that the said Ship might be kept in a safe Harbour; within this Kingdom [...]nd put in safe Custody, [...]ill the said Lords their Sentence was extracted; and he as Factor forsaid put in possession thereof, in as good condition as she was the time of the Capture. And if they did in the contrary, protested; likeas, he hereby doth protest against their so doing, as illegal and unwarrantable, and an expresse Violation of the said Danish Treaty: and that the Captain and Owners of the said Privateer, and the said William Binning, as Cautioner for the said Captain, might be lyable each of them in solidum for the highest Prices proven, or which could be proven by his said Constituents, the said Ship was worth when she was taken. And for all Cost, Skaith, Damage, and Interest his said Constituents might sustain, by the said Persons their disposing of the said Ship contrary to Law, the Lords Sentence, the Treaty, and this his present Requisition: and might be censured as Infractors and Violators of the said Treaty. To which the said William Binning his Wife made answer, That she could say nothing, her Husband not being at home. Thereafter the said Mr. John Jnglis past to the personal presence of Sir James Standfield of Newmilnes, another of the Owners of the said Privateer, and having exhibited and produced to him the foresaid Factory, Act and Commission, I [...]erlocutor there­upon, and Treaty; and having declared to, and required him, and protested tot [...]dem verbis, against him, in manner abovewritten, The said Sr. James Standfield, after his reading of the Lords Interlocutor, and the Article above mentioned of the said Treaty, answered, That no regard could be had to the Lords Interlocutor, because the Decreet was not extracted; And as to the Treaty it was taken away by the Declaration of the late War. To which the said Mr. John Inglis opponed the Lords Interlocutor, and Treaty abovewritten, and adhered to his Declaration, Requisition, & Protestation founded thereupon, in manner above mentioned. Thereafter upon the said eightienth day of April instant, the said Mr. John Inglis as Factor foresaid, past to the personal presence of Robert Baird Merchant in Edinburgh, another Owner of the said Privateer, and produced to him his said Factory, the Act and Commission foresaid, Interlocutor of the Lords thereupon, and Treaty abovementioned: and likewayes, declared to, required of, and protestated a­gainst him in manner above mentioned. To the which, the said Robert Baird answered for himself, and in name of the present Owners of the said Ship, That he protested against the said [Page 18] Skipper and his Factor, and Samuel Makrieth their Cautioner, for all Cost, Skaith, & Damage, that they had already sustained by arresting the said Ship, whereby their voyage was already stopt. And likewise protested, No respect could be had to the Lords Interlocutor, because no Decreet extracted. And further protested, That no respect could be had to that part of the Danish Treaty, in respect the same extended not to the Ships, but to the Goods that were perishable: without prejudice of their fur­her Desenses, as accorded of the Law. To the which, the said Mr. John Inglis opponed the Lords Interlocutor, and Article of the Treaty above written; and adhered to his former Declara­tion, Requisition, and Protestation, against the said Robert Baird and his whole Partners. Upon all and singular the Premisses, the said Mr. John Inglis, nomine quo supra; and the said Sir James Standfield and Robert Baird, upon the Answers made by them; asked Instrument, &c. And sicklike, I the said Notary undersubscribing, at the Request and Command of the said Mr. John Inglis, went to the personal presence of the said William Binning, upon the said eigh­tienth day of April, and made due and lawful Intimation of the foresaid Declaration, Requi­sition and Protestation made to his Wife, in the said William's absence, in manner above men­tioned. And having shown to him the aforesaid Factory, Act and Commission with the Lords Interlocutor, and the Treaty above mentioned; The said William declared, That he and his Part­ners, sent the said Ship to Sea, by virtue of an Adjudication obtained before the high Court of Ad­mirality, and had nothing to say to the said Interlocutor, or Danish Treaty. These things were done at the Places afterspecified, viz. to the said William Binning his Wife, upon the seventienth day of the said instant Month, and year of GOD foresaid, in his said dwelling House at Leith, be­twixt ten and eleven of the Clock in the forenoon; before these Witnesses Mr. John Elshner In­dweller in Edinburgh, and George Davidson Servitor to the said Mr. John Inglis. And on the said day, to the said Sir James Standfield, in the House of James Hamilton, at the Sign of the Ship, in Lieth, betwixt four and five of the Clock in the afternoon; Witnesses, the said Mr John Elshner, and George Davidson, and John Davidson Indweller in Lieth. And upon the said eigh­tienth day of April, and year of GOD foresaid, to the said Robert Baird in the old Coffee-house of Edinburgh, in Sir James Stuart's Closs, betwixt eight and nine in the fore­noon; Witnesses, the said Mr. John El [...]hner, and George Davidson. And intimat and prote­sted to the said William Binning the said day in manner above written, betwixt the Hours of two and three in the afternoon, at the Post Office of Edinburgh; before these Witnesses, Gilbert Story Maltman in Lieth, Henry Mader Messenger in Edinburgh, and William Montgomrey Messen­ger in Edinburgh. Which said Witnesses were all specially called, and required, in manner, and at the times above written.

Ita est Ioannes Farquhar Notarius publicus, in praemissis requisitus, testan. meis signo at sub­scriptione manualibus. Jo. Farquhar.

The Informations given in for the Strangers, and the Capers, in relation to His Majestie's INSTRUCTIONS, whereupon the In­terlocutor of the Lords July 23. 1674. proceeds, As the same are insert in the Decreets of the Lords, in the Strangers favour, pro­nounced, Feb. 25. 1674. but not extraced till the 30. July 1680.

Information for the STRANGERS.

IN the Reduction of the Decreets of Adjudication of the said Ships, the Palm-tree and Pa­tience, the pretended grounds of Adjudication, being coincident as to both; the Lords, by their Interlocutor, Feb. 22. 1672. allowed the Pursuers to prove the Propency of the Ships, and Goods, and Value. And likewise to prove the Daills that were their Loadings, were not Counter-band by the Custom of the Admiralities of England and Hol­land. And allowed the Defenders to prove the contrary.

After which Interlocutor, there was a Bill given in by the Defenders, pretending, that by His Maiesties Instructions, it was declared; That the having or using of false, or double Do­ctuments or co [...]e [...]ling of Papers, was a just ground of Confiscation. And that it was proved, and acknowledged by the Skippers that there were concealed Papers the Skipper of the Palm-tree, hauing denyed, that he had any Charter-partie, which notwithstanding was concealed, a Ship-board; and the Skipper of the Patlentia, having declared, that he had no Paper [...] concealed, except a Charter partie, and missiue Letter. And thereupon craving, That the Ships, and Goods might be declared lawful Prise upon that ground. Notwithstanding whereof the Lords adhered to their former Interlocutor: but declared that they would consider the same, the [...]me of the advising the Reports.

There was then Reports made upon the said Commission, whereby the points of the Inter­locutor were fully cleared and proven, viz. That the Property of the Ships and Goods did belong to the Subj [...]cts of the King of Denmark and the Value was likewise proven, and the Customs of England and Holland, That Daills were not Counterband.

It being alledged, That notwithstanding, the Ships and Goods must be declared lawful Prise upon the Pretences contained in the Bill, viz. That the Skippers acknowledge by their Depo­sitions that there were Papers concealed.

It was answered, The Pretences are of no weight: and it were indeed a Preparative, the like whereof did never escape the Publict Justice of any Nation, upon such impertinent and frivolous Conceits, to deprive his Majesties Allies of their Ships, and Goods, after so clear and full and undenyable a Probation of the Propertie, as is here proven at three several Places, vix. Sunder­burg in Denmark, Christiania in Norway, and at London. So that it is impossible any scruple can remain, but that the Propertie of the Ships and Goods did truely belong to the Subjects of the King of Denmark; and were as truely designed for the Port of London, as is clear by the same Probation.

And as to what was urged upon the concealing of Papers, albeit there had been Papers con­cealed, His Majestie's Instructions could be here no ground of Confiscation. 1. Because his Majestie's Instructions were long after the Capture, and could not be extended quoad praeterita. 2. By the 24. Article of the Danish Treaty, which is lex bell, it is provided, that Justice and Equity should be administred to the Subjects of either Crown, according to the Statutes and Lows of either Countrie: and therefore no such private Instruction could prejudge the Pursuers contrary to the Treaty.

But here the Pretence of concealing Papers was frivolous. For. 1. when the Ships were taken, the Skippers did produce to the Captain of the Privateer certain Papers, and cold him that they had those which were pretended to be concealed a Ship-board; and desired liberty to bring the same: which he refused, and insolently told them, That they behoved to go to Scot­land, what ever Papers they had aboard, for they did not know what GREAT OWNERS be had. And withall then said, that they might then produce their Papers when they were in Scotland. 2. When they were brought to Scotland, the Skippers before the Admiral, declared, That they had the said Papers a Ship-board, and were allowed to go a Ship-board and fetch them; and did go in company of the Privateer. And as one of the Skippers was taking out of one part of the Ship one Paper, the Captain of the Privateer, or some of his Officers did fall upon the other, not having the patience, till the Skipper took it out himself. And if that be a prettie Concealment, the Lords wre desired to judge. 3. What imaginable reason could there be, for any such fraudulent Concealment, as to Scots or English Capers; the Papers alledged to be concaled being Documents of the Ships Freedom, and that the Port designed was London: the Papers being Freight-brieffs, and missiue Letters, dicreet to Mr. Shorter, and Mr. Splide at London. 4. The Clause in His Majtstie's Instructions can only be understood in such a case, when Writs are abstracted and concealed, and whereof the tenor does not appear, and so in dubio are presumed for the condemnation of the Ship, or if found, do make out the same. But what is that to the purpose here? For, primo, The Deposition of the Skipper of the Ship called the Patientia, bears, That he had no Papers concealed, but a Charter partie, and a missive Letter, e [...]go he having declared the same, it was no Concealment. And the sense of the Deposition is singly this; That he had them a Ship-board, and which he had hid upon the account of the Holland Capers, these clearing that the Port designed was London, and which did not appear from any of the Docu­ments not concealed. Secundo. The Skippers deposition of the Palm-Treee, bears only a Denyal, that he had any Charter-parry: but he acknowledged that he had a Brieff, which is wronguously translated to be a Letter; although it is true that he had such a missive Letter. And Brieffs in the general comprehend all Papers. And the Paper found a Ship-aboard, was not a Charter-party, (which is a Contract subscribed by two, viz. the Skipper and the Freighter) but onely a simple Obligement for payment of the Freight: so that this was no Concealment. And this was likewise hid for fear of Dutch Capers; and it is against sense, to pretend the contrary. And it were a rare piece of Ju [...]tice to condemn Ships upon those Papers, which are the Documents of their freedom. And there was [...] he Case of any Ships, where there was so clear a Pro­bation, add [...]ced, as to all P [...] [...] [...]mission. And Capers should be ashamed to grasp after the Ships and Goods of [...] [...]es, and to make use of Pretences for that effect, which are absurd and ridiculous. And [...], the Purs [...]ers oppone the Reports, and the Probation adduced, which may co [...]ce any [...], that has a regard to Justice, that these Ships and Loadings are altogether [...].

And as to that Quality of the [...], bearing. That if Daills were proven counterband by the Customs of England or Holland, it should be a ground of Confiscation; albeit the Ships and Goods were proven to belong to free-m [...]n; in re [...]pect the Freight-Briefs are arbitrary, as to the Port.

It was answered, 1. That it was absurd to pretend, that the Freight-Briefs are arbitrary, as to the Port, the Port of London being the true designed Port, and Holland only mentioned in the case of contingency, in case the Ships should be brought up thither. 2. By the Probation ad­duced, London is positively proven to have been the intended Port. 3. The Capers have not at [Page 20] all proven, that by the Custom of the Admiralties of England or Holland, Daills are counter­band; but on the contrary, it is proven by the Custom of the said Admiralties, that Daills [...]re not counterband. 4. By an Extract under the hand of Secretary Coventry, of His Majesties De­claration in favour of the Danes, it is evident, that no Goods are counterband as to the Danes, ex­except Ammunition and warlike Instruments, and Victual carried to places besieged. So that al­beit these Ships had been absolutely designed to Amsterdam, and that Daills, by the Custom of those Admiralties, were counterband, neither of which is true; yet, by virtue of the said Declaration, Daills are not counterband to the Danes. In respect of all which, there is not the least colour or pretence of Law, why the Decreets of Adjudication of these Ships should not be reduced, and the Ships and Goods restored, or the Value, as it is proven cum omni causa.

Information for the Capers.

And it being informed by the said Defenders and their Procurators, That in the Reduction of the Decreets of Adjudication of the foresaid Ships, pursued at the instance of the said Skippers, against the said Captain and his Owners; Amongst several grounds of Adjudication insisted upon, which are the grounds of the said Decreets, such as the informality of the Passes, and that there was no special Port designed: the principal ground was, That albeit the Skippers pretended, that the Ships and Goods belonged to Subjects of Denmark, and that the Goods were going to England, and were to be consigned to Merchants there; and that the Skippers being examined, concerning the having of any other Papers, but the Passes produced; They declared upon Oath, they had none, but each of them a missive Letter directed to their correspondents in England: And particularly, being examined if they had any Charterparties, they did expressly depone, That they had no Charterparties. And yet, when they had taken out their missive Letters, in a secret place upon one side of the Ship, affirming, they had no more; yet upon the other side of both Ships, a secret place was discovered, in which there was concealed Freight Briefs for each of the Ships, by which the Freighters did condition to pay to the Skippers of the respective Ships, each particular Freight upon safe Delivery of the Goods in Holland. From which it was Inferred the time of the Debate, That the Passes being general, and not condescending upon the Port, albeit missive Letters were directed to Persons at London; yet it was but a Contrivance, and which was clearly convelled by the Freight-Briefs, which conditioned a Freight for Holland. And albeit it was pretended by the Strangers, that these Freight-Briefs did condition a Freight both to England and Holland, and only to Holland, in case they were taken up against their will, and that the Goods were safe delivered; yet, so pregnant were the grounds of prevarication and contrivance, that the Lords upon that Debate, considering, that the Skippers did swear, that they had no other Papers; they notwithstanding of their Oaths, found the Freight-Briefs to be concealed, and the grounds insisted upon, to be a sufficient presumptive Probation of a Con­trivance: but yet found, that there was place for a positive contrary Probation, by Writ and Witnesses above exception, of the freedom of the Ships and Goods, and gave Commission for that effect.

The sold Lords would be pleased to consider, That long after this Debate, His Majestie's Instractions which were not then known to the Defenders in the Reduction, were sent to their Lordships: by which, it was most evident and clear, that the having of double Documents, or concealing of any Documents was per se, a sufficient ground of confiscation of Ships and Goods; Whereupon, if the Defenders had insisted, undoubtedly the Lords would have assoiled them. And therefore, seing the Lords, even before knowledge of His Majestie's Instructions, found the Pre­sumptions of Prevarication and Concealment so strong, as appears by the Interlocutor, and albeit then, a contrary positive Probation of freedom was admitted; yet now the Defenders do found upon these emergent Instructions; and alledge, That esto argumenti causa, the Ships and Goods were free, which truely they are not, what ever be reported by Commissions, (wherein great Art and Prevarication is used) yet these matterial Papers being expressly concealed, and that upon Oath of the Skippers, swearing they had no such Papers: The very Concealment by the Instructions, is a sufficient ground of Confiscation, whether the Ships and Goods be free or not, and cannot admit of a contrary Probation. And therefore, it was hoped the said Lords would then advise the Reduction, conform to the Instructions, without any regard to what hath been done upon the Commissions; Whereby in Justice the Adjudications must be sustained: or otherwise in case any scruple remained with their Lordships, they would allow the Parties Pro­curators a Hearing thereanent. Especially, seing upon a Bill lately given in by the Defenders, the said Lords declared, They would hear them upon the Instructions.

Which Informations above written being upon the 24. July, 1674. considered by the Lords, together with His Majestie's Instructions, especially that Article there­of concerning double and concealed Documents; THE SAID LORDS, Notwith­standing thereof, adhered to their former Interlocutor and Decreet, in reducing the foresaid Decreets of Adjudication obtained before the Admiral; in regard of the foresaid Probation, that the Ships and Goods belonged to the King's Allies and Free-men.

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