Selected quad for the lemma: book_n
Text snippets containing the quad
|
ID |
Title |
Author |
Corrected Date of Publication (TCP Date of Publication) |
STC |
Words |
Pages |
|
A26328
|
A brief relation of the surprizing several English merchants goods by Dvtch men of warre their carrying them into Zealand and there condemning them for prize upon no other force or account but that they were English mens / by Edward Adams.
|
Adams, Edward.
|
1664
(1664)
|
Wing A477; ESTC R27092
|
10,081
|
15
|
My charity is such as rather to believe the Negative But they seemed to be pretty strongly allyed to our Adversaries if not by consanguinity or affinity in affection That whatsoever they moved for was granted though ever so equitably rationally and forcibly impugned by our Advocate Take one Example among others long before they gave sentence By vertue of a Joynt Procuration I I proceeded joyntly 2. or 3. Moneths in one claime Then the Capers and other our Adversaries move for a separation of causes or claimes for each man to claim a part which was a meer dilatory design to increase and multiply Expenses thereby to deterre those whose interest was small from looking after it because the remedy might prove worse then the disease the charge for following the claime of one Chest being as great as for one hundred Our Advocate pleaded the Motion was unreasonable urging there was in the claimes no difference of case That the persons claiming were all English men all residing in one place the Goods they claimed only such as appeared to be consigned to them for their own account that they were laden in one Port in one ship and consigned to one Place And added that 't was the part of Judges to abbreviate and contract not multiply suits withall remembred to them that the States in their resolution had promised Expedition And therefore prayed the Lords of the Admiralty not to grant the Motion But notwithstanding they did not declaring in this as in no other point the ground for their Decree which they say is their custome reserving that to themselves stat pro ratione voluntas I put it to my Advocate and others residing in Midleburg to deal plainly with me in telling me in their Opinions what ground or cause our Adversaries could have for making or the Judges for granting the Motion who ingeniously confessed they knew none but what I have already set down a design to deterre those whose interest was small from making their claim fearing the remedy to be worse then the disease And indeed that design was gratifyed with success for the expensive and dilatory process consumed more then the value of some mens sugars claimed though sentence had been pronounced in their favour yet could I not avoid proceeding in such a claime for I let it lye and went on with the most considerable but our Adversaries brought it on and moved that I should proceed therein or they be dismissed therefrom I then moved the Court for Order for one cause to be proceeded with which they should appoint offering that according to the successe of it all the rest should be concluded and to this the Fiscal confented The Fiscal is a person concerned in all claimes of this nature he proceedes Ex Officio Appears in right of the Province and his office is somewhat like to that of his Majesties Atturney General in England But the Capers refused to joyn with him Neither would the Lords of the Admiralty enjoyn them to comply so that of One Cause they begat Six And before I could proceed further I was forced for every cause to give security for the costs which must be done by a sufficient Inhabitant of the Place The 12. October 1660. st n. was appointed for a publick sale of the whole Cargo of the Ship Golden-Sun at Flushing the French Commanders 23. Chests excepted where I was present and addressed my self to the Lords of the Admiralty desiring the Goods I claimed might be likewise exempted from the sale till the causes were determined But they answered me they should be sold with the rest in Usum jus habentium Then I moved that the Contents and Quality might be noted and set down a part which I confess they granted and to that purpose sent a Messenger with me to the Officers of the West India Company who had the management of the sale But they answer'd 't was not to be done the Goods being mingled in Lots with others so they made sale of them before my face a comfortable spectacle and promiscuously set down the Contents with other goods as not doubting of a sentence in their favour or dreading ever to be called to accompt for them By some little discourse I had with our Adversaries and others of that Country I found there seemed to be put by them some difference between English men living in England and those residing beyond Sea especially in Portugal though they have liberty to make such residence only by vertue of Articles of peace made between the Crownes of England and Portugal To remove any such obstacle should it be offered and appear to be valid I procured a second Letter from his Majesty wherein being informed by some persons of Honour who in the time of their Exile came to have knowledge of the persons interessed That they were not only loyal subjects but to have sincere affections to his Majesties service He was graciously pleased to declare that Edward Adams Abraham Jacob Robert Carre Christopher Trenchard William Peachey Thomas Bostock and Will. Trussel were not only his subjects but that he also lookt upon them meriting his protection as well as any others soever of like quality inhabiting any part of his Dominions This Letter was not presently delivered but was thought fit to be reserved for some more opportune time which was judged to be when the causes were ready for sentence and then it was presented but to small effect for they slighted it And the Capers stuck not publickly to say That the Secretaries framed Letters and his Majesty signed them without ever reading or knowing what they contained The French Commander at the same time went on with his claim demanding his ship the Fraight 23. Chests of Sugars in particular the whole Cargo in general according to the Articles of Peace The Cargo according to the Commanders book was 1100. Chests and Fecho's of Sugar 1000. Hides 4000 l. of Vigonia Wool some Boxes of Balsome a parcel of Jacaranda Wood Whale fins and some Tobacco Upon his pressing whereof the Lords of the Admiraltie-asked him one day in Court what he would do with the Cargo should it be restored him To which he made answer That he would carry and deliver it at the proper Port of his Discharge according as he stood obliged by Charter party and Bills of lading at which the Lords smiled As if it were a ridiculous thing for them to be thought obliged by any tie whatsoever to give sentence for the Capers to part with a good Booty once got into their possession During the transaction of these affaires the States of the United Provinces sent their Ambassadors to the Court of France to renew their Alliance with the French King who being informed from his Ambassador at the Hague of their non-complyance with the former Articles refused to treat with them till there were justice done his subjects according to the Articles of Marine which was concluded at the desire of the States