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B01310 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 Admiralty, anno 1672. Against Alexander Acheson captain of the frigat ... by which said ships were brought up, and the owners of the said frigat ... . 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 ... and divers other papers, related to in the decreets. Scotland. Court of Session. 1682 (1682) Wing A137; ESTC R222202 31,088 28

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of them nor shall search be made after the Goods Ships or Men nor shall they be any otherwise whatsoever molested or troubled but suffered with all Freedom to pursue their intended Voyage But if this Solemn and set Form of Passe-port and Certificate be not Exhibited Or that there be any other just and urgent cause of Suspition then shall the Ship be searched which is nevertherless in this case only understood to be permitted and not otherwise If by either party any thing shall be committed contrary to the true meaning of this Article against either of the Confederates Each of the said Confederates shall cause his Subjects and People offending to be severely punished and full and entire Satisfaction to be forth with given and without delay to the Party injured and his Subjects and People for their whole losse and expenses ARTICLE XXIV BOth Parties shall cause Justice and Equity to be Administred to the Subjects and People of each other according to the Laws and Statutes of either Countrey speedily and without long and unnecessary Formalities of Law and Expenses in all Causes and Controversies which are Depending or which may hereafter arise ARTICLE XXXV AND for the greater security of the Subjects of both Kings and for preventing of all Violence towards them from the said Ships of War all Commanders of any of the Ships of War belonging to the King of Great-Britain and all other His Subjects whatsoever stall be strictly charged and required that they do not molest or injure the Subjects of the King of Denmark If they shall do otherwise they shall be lyable to answer it in their persons and Estates and shall therein stand bound untill just Satisfaction and Compensation shall be made for the wrongs by them done and the Damage thereby sustained or to be sustained In like manner shall all the Commanders of the Ships of War belonging to the King of Denmark c. ARTICLE XXXVI BOth Kings shall take Care That Judgement and Sentence in things taken at Sea be given according to the Rules of Justice and Equity by persons not suspected or interested and being once given by such Judges as aforesaid they shall strictly Charge and Require their Officers and whom it shall concern to see the fame put in due Execution according to the Form and Tenor thereof ARTICLE XXXVII IF the Ambassadors of either King or any other publick Ministers residing with the other King shall happen to make complaint of any such Sentence That King to whom complaint shall be made shall cause the said Judgement and Sentence to be Reheard and Examined in his Council That it may appear whether all things requisit and necessary have been performed according to the Rules of this Treaty and with due Caution If the contrary shall happen it shall be redressed which is to be done at the furthest within three moneths time Neither shall it be lawful either before the giving of the first Sentence or afterwards during the time of the Rehearing to unload or sell and make away the Goods in controversie unless it happen to be done by consent of Parties and to prevent the perishing of the said Goods and Merchandise The Third Article of the Kings INSTRUCTIONS concerning Prizes sent down in June 1673. which relates to Double and conceal'd Documents so much inlisted on by the Capers in these Decreets THat where any Ship met withal by any of the King 's Royal Navy or other Ships Commissionated by His Authority shall fight or make resistance or the Master or any of the Company shall throw away burn tear or conceall any of the Ships Papers or Documents or shall have ●o papers at all found on board in the said Ship or shall bring or offer to the Court any false or double Writings for Evidence thereby to clear her or her goods or any of them the said Ship and goods shall be Adjudged and Condemned as good and lawful Prize The King's Letter to the Lords concerning the Ship the Calmar dated 24th July 1674. Relative to His INSTRUCTIONS WE have fully Considered your Letter To Us of the date the 25th February And do find that you have hitherto proceeded exactly in the Process depending before you Concerning the said Ship and Goods according to the Instructions formerly sent unto you which were intended by Us to prevent the Fraud of Our Enemies or of such as might drive a private way of Trading with them to the prejudice of Our Service And not to be a snare to Our Subjects or the Subjects of any Prince in Alliance with Us when the property of either Ship or goods coming into any Port of Our Dominions doth really appear to belong unto any of them c. 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 Gothorumque 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 illique 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 itaque 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