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cause_n	great_a	king_n	war_n	4,472	5	6.2395	4	true

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

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

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 EDINBVRGH Printed for the STRANGERS in the Year 1682. An Abstract of the most material Interlocutors in the two Decreets of the Lords of Session in favour of the Owners of the two Danish Ships the Palm-tree and Patience of Sunderburg against Captain Acheson and his Owners in whose favour they were adjudged Reducing the Admirals Decreets and ordaining the Capers to pay the Value of the Ships and Goods Upon Debate of the Reasons of Reduction in praesentia 22. February 1673. THE LORDS FIND that Reason of Adjudication that the Strangers had not Passes conform to the Formula agreed upon in the Treaty betwixt the Kings Maiesty and the King of Denmark albeit the Ships loosed from Norway in the beginning of Iuly 1672. long after the breaking out and knowledge of the War not to inferre a Confiscation of the Ships and Loadings alone But that it importeth a just ground to seize and bring the same to Tryal and that it putteth the burden of Probation upon the Strangers by Documents and Witnesses above exception That the Ships and Loadings belong to the Kings Allies and Freemen and not to the Kings Enemies AND FIND that the Oaths of the Skippers and Owners which would have been sufficient if they had been adhibited at the obtaining of the Passes conform to the Formula are not now sufficient to clear the Property of the Ships and Loadings AND THAT the being of no Passes aboard relative to the Voyage but general Passes before the War and that by the Skippers Oaths it appears that they concealed the Fraught-Brieffs and that they were hid apart from the rest of the Documents and found by the Privateer and bear a greater Fraught to be paid in case the Ships were brought up to Holland provided a safe Delivery were made of the Goods DOTH IMPORT an intended Delivery of the Goods in Holland notwithstanding of the Missives and Documents aboard AND FIND the same grounds joyntly to be a sufficient presumptive Probation of a Contrivance and that the Ships and Goods are not free BVT YET to admit of a contrary positive Probation by Documents and Witnesses above exception That the Ships and Loadings belong to the Subjects of Denmark His Majesties Allies unless the Privateer prove the same to belong to the Kings Enemies LIKE AS THE LORDS FIND that the true Port being concealled or made Arbitrary by the Fraught-Briefs if the Privateer should instruct That Dail-boards such as were in these Ships are ●ounterband by the Custome of the Admirality of England or Holland that ground was sufficient though the Ships and Goods were proven to belong to Freemen to infer Confiscation of both THEREFORE THE LORDS granted Commission mutually to either Party for proving the Property and Value of the Ships and Goods the quantity of the Loadings and that the Port designed was London And to the Defenders that the Goods were Counterband But upon a Petition given in by the Pursuers Representing a mistake in the said Interlocutor as to the matter of the Fraught the Fraught being not a greater for Holland than for England but a lesse And craving the Benefit of a contrary Probation as to the matter of Counterband c. Eodem die The Lords ordain these words Viz That the Fraught-Briefs bear a greater Fraught to be paid in case the Ships were brought up to Holland provided a safe Delivery were made of the Goods which the Lords find did import an intended Delivery of the Goods in Holland Notwithstanding of the Missives and Documents aboard to be left out of the Interlocutor and grant a contrary Probation to the Pursuers to prove That Dails are not Counterband And ordain the Probation to be hinc inde vp Documents above exception Upon Report made of the Commissions by the Pursuers from the Magistrates of Sunderbare and Christiania and from the Lord Mayor and Aldermen of London with an Attestation from the Admirality of Holland and His Majesties Declaration in favour of the Danes 25. February 1674. The Lords having advised the Reports with the Depositions of the Witnesses contained therein c. Then find that the property of the said Ships and Goods doth belong to Carsten Matsen and Hanse Petersen and their Owners His Majesties Allies And therefore Reduce the Decreets of Adjudication c. Upon Informations given in hinc inde in Relation to His Majesties INSTRUCTIONS 23. Iuly 1674. The Lords having considered the Informations given in by either Party together with His Majesties Instructions especially that Artcle thereof concerning concealled Documents they notwithstanding thereof adhere to their former Interlocutors and Decreets Reducing the foresaid Decreets of Adjudication obtained before the Admiral in regard of the Probation That the Ships and Goods belong to the Kings Allies and Freemen Item Upon a Hearing in Presence upon His Majesties INSTRUCTIONS 30. Iuly 1674. The Lords having heard c. They adhere to their former Interlocutor And ordain the Decreets to be Extracted Upon a Petition of the Capers for a new Hearing and Delay till November Eodem die The Lords having considered the said Supplication ADHERE to their former Interlocutors And ordain each Party to name a Merchant for Valuing of the Ships and Goods and remit to the Lord Collingtoun to consider the Valvation and to give his determination thereanent And ordain the Decreets to be extracted accordingly The Capers at this time being Trading with the Ships and the Strangers by the Envoy of Denmark having Represented it to the King and made Application to His Majesty for having the Values of their Ships and Goods decerned to them conform to their probation at Sunderburg and London with the Damages and Charges they had sustained And His Majesty having recommended the case