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A95991 A true narrative of som [sic] remarkable-proceedings concerning the ships Samson, Salvador, and George, and several other prize-ships depending in the High Court of Admiralty; humbly presented to the Parliament of the Common-wealth of England, and the Councell of State, and the Councell of Officers of his excellency the Lord Generall. / By Tho. Violet of London, gold-smith. Violet, Thomas, fl. 1634-1662. 1653 (1653) Wing V593; Thomason E1070_4; ESTC R208665 74,616 123

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chiefe of them at least he shall be taken under the notion of the Lawe for a Pirot or common enemie if he have any such and will not shew them when required at Sea or that any of them be justly to bee suspected by the Commander that requires them such Master my be brought before the Court of Admiraltie or a Court of Delegates for his tryall and if there he refuse to cleere himselfe ship goods and every part of his lading by the respective waies of proof and warrants before mentioned or that the Captain Master or Purser have torn imbezeled or flung away any letters of advice or bills of lading or forging false bills or names if proved or any miscarriage as aforesaid such refusall and practises in other Countries is accounted a high contempt to the authority of the Nation by which such Court sits and for a sufficient ground to an imediat confiscation Sir if this be not made a Law in England for the future and the like for any Master or Purser of any strangers ship passing the Seas of this Common-wealth upon summons that shall present unto the Commander or Judge false bills or Cockets and to conceale any part of their lading or facultie and not to discover the proper owners to whom or from whom they are consigned this Nation will deerely finde much of that which might help to maintaine the Warre will goe besides and the State will still be deluded by the Dutch as they have beene to the value of about two Millions since August last for it is an usuall custome with traders of all Nations especially the Dutch and Easterlines in time of Warre to carry to Sea as many Cockets as Colours and as many severall bills as they feare enemies or question and if they be surprized can at a very short warning procure and counterfeit what may serve their turnes And this you shall finde to be the true state of the ships Sampson Salvador and George with all their lading and silver Wherefore and for which cause chiefly the strictnesse aforementioned is used in other Nations viz. to prevent collusion Sir in France one parcell of goods found consigned to an enemy confiscates the ship and goods In Spayne or Holland a barrell of butter or a case of Pistolls consigned but as a present to a friend shall doe the like and I hope the same civill-lawe we receive from them shall by us be put on them now these ships are in judgement before you in England it is for the honor and safety of this Nation I presse and I see you doe your utmost would I could say so of the rest in trust in the Admiralty Sir it is to bee feared that if this Common-wealth doe not make some necessary additions to their Sea-lawes and give some new Rules and Instructions to their Court of Admiralty to prevent the many abuses put on us by the Dutch in the businesse of the States prizes other Nations will gaine advantage by our neglect or over easines it appearing that for want of such amendment or at the least not understanding those lawes in force by our Sea Commanders c. many a rich ship hath escaped their hands and safely arived in Holland since the War which the Dutch began to the value of above one million of money by that way and no lesse to be suspected that the enemy by his subtle taking advantage of the old and too gentle practice of our Court of Admiralty and chiefly by their not being put to pleade specially may probably get these that remaine now under question to be freed likewise if not timely looked unto and thereby the State farther abused and prevented the enemy encouraged and enabled whiles our owne honest Merchants sit at home and breake or thrive not a fatall mischief to this Common-wealth our enemies gayning upon the matter what we lose or let passe and to breake this confederacy the State must make sharpe lawes and then see them strictly put in execution the meanes left for remedy is securing at present the ships and goods and silver which lies under question and I conceive ought carefully to be looked after Sir I finde some in power and trust forward to gratifie the Dutch in this particular to the unspeakeable damage and hazard of this Nation to prevent which I humbly propound this way viz. 1. Sir I offer in my owne name as for the intrest of the Common-wealth to protest against the late acts and proceedings of the Court of Admiraltie to pray respit of Judgement and to appeale to a Court of Delegates according to the Statute 2. A Commission being granted thereupon to some select knowing and approved Persons whereof some chief to be of the Coram and before them proving the daily imbezelment of the silver the unsafety of the goods and the apparent danger of their imbezeling whiles they remaine on ship-board which by affidavit and other good testimony may easily be proved Sir I pray that the goods mony especially may be brought a shore and secured in safe ward untill the cause be returned and for better information of the Delegates that all former proceedings of the ordinary Court of Admiraltie touching the premisses in question by name may be returned into that Court and my selfe Ordered and impowred with a large Commission in severall respects for enabling me to doe this service This cause being agreeable not only with the laws of this Common-wealth but consonant to the customs lawes and uzance of all other Nations in cases of like eminencie and doubt the conveniences thereof will be 1. It will put a stop to most of the abuses and inconveniences afore mentioned without blemish to the former proceedings of the Court of Admiraltie redeeme the cause from that losse it is now in danger of and disappoint many mens expectations who have laid a designe to cozen the State of this treasure and lay a foundation to Rules and give matter for further instruction for the government of that Court a businesse of great concernment to the safety of the Nation in this present conjuncture of time 2. Whiles the cause is but removed into a higher Court and depends there in order only untill a legall tryall neither any publique Agent nor other pretender whoever can justly complain especially they having given so great a cause of jealousie by claiming more then their owne in owning other mens treasure and by refusing to produce speciall proofes for what they pretend to it being at worst but lex talionis we finde the same measure abroad in all like courts of Christendome at this present I humbly conceive the affaires of the Common-wealth doe not stand in such a posture that they should suffer themselves to be cozened of foure hundred thousand pounds now I have discovered the fraud to them this money will save taxes it will set the Mint on worke and fill the Common-wealth with money and for every one I displease I shall please a hundred
is pretended they ought to be unlesse they first prove that those ships silver and all the lading doe really belong unto his Master or some of his subjects nor those of the Netherlands which I humbly say he or they will never be able to doe and I have sufficient proof to the contrary if I can but get my witnesses examined I have about eight witnesses to examine and the Merchants will pack many of them away now they hear I have used to send som of my Intelligencers amongst them into St. Katherines and other places In the mean time if either his Master or his subjects receive damage by any publique ministers claiming silver which is none of theirs but belongs to Holland the Commonwealth is excused and free and the publique minister must bear the blame if any using his Master or his Subjects title to the silver when they had no title or interest therein which if that designe had taken effect all men may see the damage that would acrue to this Nation thereby whatsoever may be pretended to the contrary Sir The law takes no notice of Words but legall proof and evidence where a publique minister bears Parol against the interest of the Commonwealth amounts to no more then a private mans for when a claim is laid to all this silver by forraign Agents as the King of Spain and his Subjects silver I shall prove part of this silver belongs to some Merchants of the united Provinces our mortall enemies and a small part of this silver belongs to some Merchants in London Sir If I finde a man tripping for a penny I will trace him for a pound I fear not to speak a truth in this particular it is for the safety and well being of the Nation that makes me speak so earnestly Sir though in Court and matters of State publique ministers be allowed a Credence paramount agreeable to their letters Credentiall of forraign Princes yet neither those Letters nor their Function shall I humbly conceive allow them any neither the lest priviledge or preheminence beyond civility in any Court of Justice against the Common-wealths title in this businesse of the aforesaid Prizes and silver 1. The Spanyards are as rarely found to trade out of their own Territories all writers say or between upon Strangers bottoms as their King himself and so the goods not likely to have beene theirs originally or by originall consignment colourably perhaps they may that is since their seizure consigned to som of Antwerpe to defeate the claime of this Commonwealth they being commonly partners with the Amsterdammers that being usuall in cases of the like nature especially where so much respite of time hath beene given and so much money stolne out of these ships which shall in all likelyhood be imployed to bribe out of the States hands these ships if they can fasten on any in power that will be so wicked to receive bribes if my humble advice had beene followed the stealing this silver had beene prevented 2. The like assuredly may be affirmed touching the money bullion and plate in the ships in question since the naturall subjects of Spayne dare as ill or worse transport any silver as strangers the crime being alike penall to both but the subject in a worse condition if he adventure being a man of estate because he remaines in the Countrey when the stranger perhaps never returnes to answere it if discovered after he is out of the Countrey as upon publication of this businesse many will not dare to returne into Spayne lest they forfeit not only their own particular and their friends estates but also their lives But Sir suppose it may bee objected that generall negatives from never so many instances of never so universall non uzans amounts not to the face of one particular affirmative profe in contra yet it cannot be denied for reason and so I humbly conceive ought to be granted that som such distinct particular and signisicant proofe in a cause of this high nature and concernment to the profit and safety of this Common-wealth ought first to bee made of the lading of this silver and that from the originall Port of Cadiz or S. Lucar under the Kings Seale or from the Duanas there before any credit can be given to generals against so known constant and universall custome of frauds daily practised against this Common-wealth as I have discovered concerning these Prize-ships before mentioned Sir I have made some of the Councel of State acquainted with the severall waies how the Merchants cozen the State about their prize-ships and goods and they are very apprehensive of it and I know some of the State will call this businesse to a strict accompt therefore I humbly desire you therein still to continue your care as you have done Sir truly if at the first those publique Ministers that claimed had produced originall Warrants from the King of Spayne the attestation of the Ports of Cadiz and S. Lucar from the Duanas there by authentique witnesses that this silver was shipped for the King of Spayne or his subjects proper accompt and that all that was claimed was really true and made that the ground of their exceptions against the proceedings of the judicature of the Admiralty therein had appealed to the Councel of State or Parliament my humble opinion is that perhaps their demands might have arived at a fairer issue then now they may have reason to expect And by Gods assistance they shall have a quick and a vigilant eye on them for night and day I and my Instruments shall watch them so that som merchants and others may live to wish they never had medled in this silver businesse and this I will prosecute according to my Order faithfully though it cost me all that ever I have in the world I know I have ventred my life in this businesse and I will not pluck back my hand let my hazard be what it will Sir whosoever travels and will enter the confines of another Nation though in amity by the Civill-law that is the law of Nations it behooves him to carry with him a sufficient Passe declaring from whence and what he is to what place bound and when demanded by any publick Officer to make that known and proved or upon refusall or for want of such a passe he is at discretion liable to bee arested and imprisoned untill hee cleere the doubt and give satisfaction to the law but if it be proved he hath made a false Passe or that hee bee of another name or Countrie then hee pretends hee may bee hanged for a Spie The like Lawe governs at Sea the Sea-mans ordinary Passe for his ship is his Cockets I meane true ones not counterfeit and feigned his true bills of store bills of lading letters of consignment Pursers and Supercargoes bookes fairely and truly kept for his goods not such bills as Otho George presents and if any Master of a ship be found at Sea without these or the