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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

no doubt will leave no stone unroled to prevent us in that particular if great care be not taken in this businesse All the Premisses considered I humbly desire your Honor that the Councel of State may know of these my most humble propositions and take such Order in it as the greatnesse of the cause requires for the safety and benefit of the Common-wealth all which I humbly submit to your Honors great wisdome and remaine My Lord your humble servant THO. VIOLET Decemb. 8. 1652. Monday the 13. of December 1652. At the Councel of State at White-hall ORDERED That Master Thomas Violet doe assist in the behalfe of the Common-wealth in the prosecution of this present Suit in the high Court of Admiralty against the ships Samson Salvador and George And that hee doe repaire to Doctor Walker Advocate for the Common-wealth and acquaint him from time to time what hee hath to offer on the behalfe of the Publique in Reference to the said Ships Ex. John Thurloe Cleark of the Councel A Breviat of severall Papers delivered to Doctor Walker severall of the Committee of Forraigne affaires since tht 13. of December 1652. to the 27. of January 1652. according to an Order of the Councel of State of the 13 of December last concerning severall prize-ships and the silver and merchandize therein with a Letter to Doctor Walker the 29. of January 1652. concerning all the Premisses Dr. WALKER My service presented SIR the Bullion Money and Merchandize at present under question in the ships Sampson Salvador and George depending in the Admiralty is of so great and considerable a value and of so high concernment in president and other relation to the Common-wealth and most of it so probable to prove lawfull prize if timely and duly prosecuted and the passengers in the said ships and other witnesses I have presented to Master Bud to be examined it behoves the State as I humbly conceive not to suffer these ships to passe as many ships of great value since the warre with the Netherlands have done to the unspeakable dammage of this Nation it being no new thing for the Hollanders in time of warre to saile under the colours and names and with the cockets of Hamborough or some other of the Hanse-townes for they did it all the while they had warres with Spayne nor for the ships of the Hance-townes Ostenders and Dunkirkers to bee transporters of Dutch goods through our Seas from and to all parts of Christendome especially Spayne Nay many times the better to countenance their ship or ships shall be built in Holland and formerly sold to some friend or correspondent in Hamborough Emden Lubeck Dunkirk Ostend or the like and for the better colour called the Lion or Dove c. of som of the aforesaid places when really and actually it belongs to Holland or Zealand and for instance whereof one of the ships now in question stiles it self by the name of the Hamborough of Hamborough and is certainly known and will be proved to belong to Rotterdam and so no question will many more of the ships under arest prove to belong to some towne of Holland and the united Provinces when strictly and duly examined Nor is it any new practise for publique Ministrs of other States to make use of their function and Masters Roabe to befriend the subject of their Allies in case of the like nature of clayming Treasure and Merchandize wherein the native trade as in this may be concerned or were it not but for the advantage of salvage in such cases conived at and many times by the instructions of their superiors allowed to publique ministers as perquisites of their imployments they many times gaining more by such avenies then by their constant salaries I have often heard sir Lewis Dives say that when he lived in Spayne with his father in law the earle of Bristoll and the Lord Cottington they did doe the same for the Dutch in Spayne as is now offered for the Dutch in England And I beleeve there are some forraigne Princes agents in England at this time that understand to make their particular profit in this conjuncture of time as well if not better then eyther the earle of Bristoll or the lord Cottington did in Spayne and upon this ground and for this end it is more then probable that some publique agents appeare in this present question in the Admiralty not that eyther their Master or his subjects in all likelyhood are otherwise concerned nor he or they warranted therein but only for their particular profit Sir this is not a common cause and I see you take it so by your care you keepe your word you bid me find proofe and you will hold the ships and silver let some of the Judges talke what they please you will discharge your trust Sir the state of Spayne is rarely known to have sent or transported any bars of silver or coyne on their owne or other ships whatsoever to the prejudice of their Mint that being most absolute contrary to their lawes which makes transporting money death without the Kings originall Licence had the Merchants one they would have shewed it before now True it is often stoln away by the Dutch which is done without the Kings warrant bills of store or publique allowance and so you will finde this is and thereby the more lyable to question and upon strict examination it will be cleerely proved prize if the Dutch should cozen us of this money now they are ranting in the Downes the Commonwealth would suffer extraordinarily Therefore all persons that claime this silver I humbly conceive ought to be prest to declare specially and particularly whether he or they pretend the money or bullion or any part of it to be the King of Spaynes peculiar Treasure or his subjects and if so he or they ought to shew some speciall and authentique Warrant or Order of his or their Masters or Officers for it Registred in the ports of Spayne and also to prove that by authentique witnesses by some of his Masters subjects at the place or Port of S. Lucar or Cadiz and attested here by like originall bills from the officers of the Customes in Spayne which bills of lading correspondent and their authentique duplicats with letters of consignement suteable the Pursers bookes of entries with all the particular and respective marks agreeing with the bills of lading bills of store and letters of consignement and all the markes of the bars and bags duly Registred either for the King of Spayne or his particular subjects If they cannot spell and speake all this perfectly justly and truly at the Port of saint Lucar or Cadiz they may faile of their ends for all their confident clayming and the like might every Merchant pretender doe or fail of his Nor can the Articles of the old League supposing it to be renued and confirmed by this Common-wealth excuse the ships Sampson Salvador and George under question from a search as

your Petitioner shall pray c. A Copie of a Paper presented the eighth of December 1652. to the Lord Bradshaw and Master Allen by Thomas Violet who the same day delivered the said Paper to the Councel of State and the Councel upon several debates before the Comittee of Forraigne affaires Ordered the 13. of December 1652. the said Tho. Violet to assist on the behalf of the Commonwealth the prosecution in the high Court of Admiralty against the ships Samson Salvador and George which had then aboard all the silver now coyning in the Tower and that he should repair to D. VValker Advocate for the Comonwealth and acquaint him from time to time what he had to offer on behalf of the publique in reference to the said Ships MAy it please your Honor having understood from some Merchants that the Councel of State have referred the Spanish Ambassadors claime to a great quantity of Treasure which hee pretends to bee his Masters the King of Spaines silver and all the silver belonging to his Masters subjects unto the Admiralty there to receive a Judgement according to the equity of the cause In all humilitie I acknowledge the Justice of the Admiralty and that I beleeve they will doe their utmost both for doing the Spanish Ambassador right and to see the State shall have what belongs justly to them But withall I thinke it my duty to acquaint you that the proceedings in the Admiralty must goe according to the formes of that Court except the Judges receive some extraordinary direction from the Parliament or the Councel of State in this weighty businesse now I humbly say the proceedings at Law will take so much time up that the Merchants will send into Spayne for new cocquets and new Bills of lading and for money no doubt they will get a post-Registring and I am confident there are many in London can write and counterfeit Bills of lading and Cockets and never send into Spayne for them besides I have good reason to beleeve the hearts purses heads and books of accounts of many Merchants of London will be all ready to assist the Dutch-Merchants to cozen the State of this Treasure and truly my humble opinion is that if any publike ministers can by their policy get all this silver out of the Parliaments hands that then they will bee extraordinarily rewarded by them of Holland for salvage of this Treasure it will be beyond Commission money or factoridge And as the conjuncture of time stands between us and the Dutch this present moneth of December some publique Ministers in England will have the profitablest employment of any Ambassador in the World if they can christen all Hollanders goods and Treasure with the name of Antwerpians Ostenders and Dunkirkers or by his or their power can make all goods laden in Hamburgers or Hance townes that those goods must of necessity belong to Hamborough when I have certaine profe to justifie the contrary and I humbly desire before the ships be discharged my witnesses may be all examined and upon the perill of my life I will prove that in these ships there are great quantities of silver for the Accompt of Hollanders and people of the united Provinces I having formerly beene privy to the proceedings of Merchants that have transported gold and silver out of this Nation and also acquainted with several Merchants that have yeerely imported silver from Spayne I thought it my duty to acquaint you that if the Parliament and Councel of State be not very vigilant in this businesse and of the proceedings about the silver they will be cozened of their right for there will be no stone left unturned both by the Merchants beyond Seas and here to circumvent the State of this Treasure This that I say I speake not out of ill will to the Hollander for there are several of the Councel of State did me the honor to aske me what I thought of a Peace or Warre I ever with all humilitie told those that asked mee that there could never come a more safe nor honorable thing to the State then to conclude a safe and honorable Peace with Holland yet though I loved them very well while wee had Peace I respect them not now during the time of Warre after such a rate that they by craft should cozen the State of this great Treasure which is now taken if to the uttermost of my power I could hinder it or ad any thing to the stop of it and knowing what great mischiefs would come to this Nation if I did not make your Honors acquainted with these practises I thinke I am bound as any English-man not to feare the face of any though I know it will get mee ill will and a shrewd turne even with som great ones in power this service shall beare me record how faithfully I ever loved and doe love my Countrey and convince all those that have misrepresented mee to the State that after so long oppression I may have my Estate restored and this is the true reason wherfore I humbly present this Paper to your Honor vizt My Lord when the King of Spaynes fleete returns to saint Lucar there lies out alwaies beyond the bar of saint Lucar which is out of the command of the Castle several ships of all Nations and these lie there purposely to take in silver and gold coucheneele and all other India commodities so stolne aboard which some yeeres there hath beene imposed above twenty in the hundred for Registring These goods being shipped as aforesaid then the Master of the ship that takes them in usually signes three Bills beside the Register of his owne bookes which in time of Warre are many and every Captaine Master or Purser must keepe and carry with him one to enter all parcels and accounts One bill of these three the Merchant usually sends along with the ship with a letter of advice to the Merchant what he hath sent him the markes and weight or number of Ingots or peeces of eight and the marks and number of all bails fardels chests or caske Another of these bills is sent over land usually by the Post with letters of advice of such goods gold and silver and those bills a shipboard they alter according to the course they are to steere if it be through the chanell of one two or three enemies they will shew severall bills of lading and bookes of entries but those bills that goe by land are alwaies the true bills the other bills in these times are usually amusements to defraude the State but usually those that come by the Post are the true bills but for those on ship-board usually the Merchants know a moneth sooner then the ships coming by Sea what gold and silver or comodities his Factor hath shipped and in what ships and gives order accordingly at Dover or other Ports in this Nation for sending his goods to severall places beyond Sea or to London according as advice shall be given him where the

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

are likely to bee permitted to pass and never to have judgment in future and you have had Millions of Treasure suffered to pass in this maner which if it had been stopped had brought the Hollanders on their knees before this time When your Court of Admiraltie and Officers in that Court are not well regulated it is a dangerous back-door to this Nation and by costly experience this State upon examination will finde it 3. That whereas heretofore in the Court of Admiraltie several Ships were in question and upon just grounds and suspition were brought in as prize but were not put to plead specially by which means many Ships to the value of manie hundred thousand pounds since August last have avoided Judgment and after-question for want of strict examination by which means particular proof might have been in all likelihood found out these Prize-Ships have been discharged It beeing alleged it is contrarie to the Rules of the Admiraltie I humbly saie No ill customs should bee kept up to endanger the saftie of the Nation for the Owners of all such Prizes beeing under question ought by the Civil Law to prove their Interest especially as by your Petitioner's endeavors and reasons given to Doctor Walker your Petitioner made it manifest to bee the constant custom of other Nations and that attested by the ablest Merchants in London and by the great care of Doctor Walker hee got a Judgment for the Common-wealth for the Sampson George and Salvador beeing the Ships that have the Silver to cast the proof on the Claimers and to caus them to prove specially and I humbly hope all other Prizes shall exspect the like hereafter for I humbly saie it is the onely and quickest waie to curb the Hollander's greatness to stop them of Trade in anie Vessels whatsoever which will never bee don except the State keep a strict eie on the proceedings of the Court of Admiraltie during the War with Holland 4. That the State hath suffered very much for want of diligent and special Prosecutors or Solicitors to take especial notice of everie Prize and for attending as Remembrancer to the Council of State and to the State 's Counsel at law to have this don is the work of many men and to order all business that so no Prize should com into the Court to receiv Judgment if there were any difficultie or dispute in the title till the State 's Counsel had argued it pro and con privately if this cours had formerly been taken manie a Prize-Ship which hath been discharged the Court of Admiraltie and is now in Holland had been confiscated to the State And therefore to enable your Petitioner to do you this service for the future Your Petitioner humbly desire's that hee may have a perfect list from the Register of the Court of Admiraltie of all the Prizes brought into this Common-wealth from the first of August 1652. for the use of the State and all Prizes brought in by private Men of War and what Ships were condemn'd and the daies when and to whom and that the State 's Commissioners for Dutch Prize-goods maie bee desired to do the same that your Petitioner maie see they agree And I humbly saie until this bee don that there bee som employ'd to execute that trust to mannage and prepare business the Common-wealth's Counsel cannot execute their charge as were to bee wished and exspected and it is not an Ordinarie Solicitation to finde out witnesses and the Mysteries and frauds of Merchants it must bee don by men that have had long experience and great acquaintance to get your intelligence and this part cannot bee acted by the State 's Counsel for it is out of their Cours they must have everie thing brought to their hands neither is it for the Judges of the Admiraltie to take notice of anie caus further more than what stand's proved before them in Court 5. That by reason of the premised wants in the cours of the Admiraltie and most especially for want of skilful sollicitation and a due care to see every one in trust to do his dutie there hath been about eightie ships brought in as Dutch-Prizes and many of them shot and torn many of them had been let gon without judgment had it not been for Your Petitioner's protesting and appealing in the Court of Admiraltie which hath been followed at the sole endeavors and great charges and expences of Your Petitioner 6. That for want of stricter Rules in the Admiraltie great numbers of Prizes brought in by private men of War have been discharged to the great disheartning of all Adventurers of that kinde and weakning the lesser but necessarie sinews of this Common-wealth I humbly saie it is highly advantagious for the State to improve all the force of particular Adventurers both Merchants and Seamen and to let them have all encouragement as possible may bee given for to offend so craftie and potent an enemie I humbly say that divers great Merchants complain that it is in vain for them to put out private men of War against the Dutch as things are carried in the Admiraltie and from good hands I have it that the Dutch doth give against this State all encouragement to their private men of War My humble desire is that the Register of the Admiraltie may bee Ordered to give mee the particular of all private Ships discharged since the first of August 1652 and if I bee commanded I will assist and sollicite for to see to the State 's part that the Ships bee not discharged for the future as they have been formerly through the negligence if not wors of your Proctor Mr Budd and som other in the Court of Admiraltie 7. That to enable Your Petitioner to do this business hee cannot have less then two Clerks constantly to write for him and to put your business in Order for prosecution of the business in Order for the Court And whereas Mr Doreslawes hath a Warrant for prosecution of the business concerning the Prize-ships Your Petitione● also desire's hee may also have a Warrant with such Instructions and Powers as your Honors in your great Wisdoms shall conceiv is sufficient to enable your Petitioner to do this service with Mr Doreslawes or other waies as your Honors shall order him submitting himself and his Fee for encouragement to your grave Wisdoms 8. Whereas many occasions have and will arise for several summs of money for several meetings in Wappine St Katharine's Lime-hous Eriff and Blackwall and several Sea ports of this Nation where ships are brought in to send Post about Witnesses and several otherwaies hath already cost your Petitioner near four hundred pounds Hee humbly desire 's that you would Order your Commissioner for Prizes to paie and issue out such summes of money for this business as they or any two of them shall conceiv is for the service of this Common-wealth 9. That now the Silver is unloaden by the State which was aboard the Sampson Salvador