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A65091 A true narrative of the proceedings in the Court of Admiraltie against the ships Sampson, Salvador, and George, their silver and lading and an accompt presented what silver was taken out of the said ships, and coined in the tower (being above two hundred seventy eight thousand pounds), all which silver the common-wealth got by the chargeable prosecution and discovery of Tho. Violet, who saved the common-wealth this silver, Dec. 16, 1652 ... : together with several humble proposals, for the profit and honour of this common-wealth, in saving them many score of thousand pounds ... / by Tho. Violet ... Violet, Thomas, fl. 1634-1662. 1659 (1659) Wing V594; ESTC R18686 84,216 166

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against the Judges of that Court and against all further Proceedings of theirs to discharge this Silver in the aforesaid ships till your Petitioners Witnesses were examined and shewed the Judges many Reasons being for the advantage and safety of the Common-wealth for respiting for some dayes their Judgment Thereupon the Court of Admiralty adjourned till the next day and the Judges being very angry with your Petitioner for making the aforesaid Protest and for what your Petitioner had said to the Judges in open Court the Judges thereupon command your Petitioner to attend the Council of State that very day in the afternoon being 16 of December 1652. the Petitioner to answer before them for his mildemeanor so the Iudges were pleased to call it that morning in the Court of Admiralty Your Petitioner did accordingly attend the Council of State that day 16 Dec. in the afternoon and upon full examination of the Business before them the Council stayed the silver and blamed the Judges for their complaining of your Petitioner and your Petitioner had thanks from the Council for what hee had done in his timely and seasonable staying this silver and commanded to use what expedition hee could in proving that great quantities of the silver then aboard these ships appertained to the Merchants of Amsterdam Thereupon your Petitioner undertook to the Council of State to disprove the Spanish and Flemish clamors and the Spanish Embassadors pretences to all this silver in the aforesaid ships And this discovery your Petitioner undertook to make to the Council of State at his own charge The Council of State upon the considerations aforesaid and to incourage your Petitioner to proceed they did faithfully promise your Petitioner for this his service and discovery that your Petitioner should be paid the sum of eleven thousand pounds out of the silver that should be taken out of these ships and converted to the use of the Common-wealth this summe of eleven thousand pounds being the value of your Petitioners Estate which the Parliament 1643. upon mis-information against your Petitioner had sequestred And the Council of State declared unto your Petitioner That if your Petitioner should fail to make good his undertaking in disproving the Spanish and Flemish Claims to all this silver then aboard the ships Sampson Salvador and George that the undertaking would undo your Petitioner for upon your Petitioners failing to make good proof of what he had undertaken the Councel of State would report your Petitioner to the Parliament to be an Incendiary therefore it highly concerned your Petitioner to be well assured of what he had undertaken and also to be justly dealt withal when he had done this service Upon the assurance of the Councel of State upon the aforesaid termes your Petitioner engaged and undertook this great difficult and dangerous service wherein your Petitioner employed above ten several persons for about two years and laid out of Purse besides all his time and hazard the summe of above seven hundred sixty five pounds which he payes interest for at this very day as is deposed by several Witnesses whom your Petitioners employed in this service and this is attested under the hands of several Honourable Persons to the late Lord Protector Oliver May it please your Honours besides this service your Petitioner did for the Common-wealth he discovered to the Councel of State in Jan. 1651. That from August to December 20. 1652. the Admiralty had discharged fifty eight ships all loaden with rich merchandize I printed the several daies of the moneth they were cleared out of the Court of Admiralty the names of the ships and the Master of the ships names and the parties to whom these ships and merchandize was delivered at London and that many of these ships after their discharge from hence unloaded their merchandize at Amsterdam for the account of the Dutch to the value of many hundred thousand pounds Upon examination of this Business the Council of State had certain intelligence from beyond sea that this information was true and these Letters were remaining in Captain Bisheps hands who can testifie the truth Whereupon your Petitioner humbly presented to the Council of State in writing several waies for the preventing this abuse for the future and the Judges in the Admiraltie was removed and other Iudges put in their places with particular instructions for the prevention of the former frauds put on the Nation By which discovery made by your Petitioner the Common-wealth got many score prizes which were condemned as Dutch prizes when they could not bring attestations from Hamborough under the Parliament Agents hands viz Mr Bradshaws that they really and truly belonged to Hamborough The value of the Ships and goods by your Petitioners means discovered was amounting to several score of thousand pounds besides all the silver your Petitioner stayed which the Dutch had cozen ed us of had not your Petitioner acquainted the Council in Ianuary 1652 with the former cheats put on the Nation in printing a list of 58 Saile of ships most of them Dutch prize which the Common-wealth lost for want of keeping a good Watch on the Actions of their Judges and Officers in the Admiralty in those times 1652. 1653. It was nothing for ordinary Proctors in the Admiralty to get foure of five thousand pounds a yeare by cozening the State in their prizes till your Petitioner by his discovery to the Councel of State spoiled their Trade for a great part of it This discovery got your Petitioner the envy of many hundred Merchants and others in the Admiralty There was not a motion nor any Proceedings in the Court of Admiralty for about three yeares touching the Silver Ships Sampson Salvador and George their silver and lading but every day your Petitioner was required to give his attendance therein at the Court of Admiralty and forced to employ at his own charge many persons and your Petitioner was required by Doctor Walker at his own charge to employ many persons to breviate and have inspection into all the Records Acts Bills of lading Pleas Extracts Allegations and Interrogatories Witnesses Depositions in the Silver businesse as will appear under the hands of several persons employed and paid by your Petitioner for that service Your Petitioner did several times move the Councel of State in December January February March 1652. to unload the silver out of the ships to avoid the embezeling thereof there being above an hundred thousand pounds stollen out of these ships while the silver was in the River there are bills of lading in the Admiralty for silver that was never delivered into the Tower to the value of above a hundred thousand pounds in silver which bills appertain to these ships Sampson Salvador and George Your Petitioner presented to the Councel of State in 1652. 1653. several frauds and abuses put upon the Common-wealth in the Sale of their Prizes Ships and Merchandize by the indirect meanes of some Officers they intrusted to sell the same
merchants transport gold and silver without licence from the State and to keep good intelligence and watch upon their actions that so the gold and silver endeavored to be unlawfully transported may be seiz'd and forfeited For a man to be his Crasts-master in this mystery requires as many years study as to be a Doctor of Physick and is never to be learn'd by looking on an Vrinal Your Petitioner humbly saies The Parliament had made a better bargain to have given these Doctors of Physick fortie thousand pounds for a pension than to suffer that dammage they have received by the not imploying of the mint daily gold and silver being imported into this Nation and before ever it be coyned transported out again without licence to the great dammage and weakning of the stock of this Common wealth There is silver and gold vast and great quantities brought daily from beyond the seas and landed in this Nation without paying of Custom and this verie silver and gold is stoln out of the Nation again before ever it be coyned without licence or paying of Custom so here is a Trade to the value of some hundreds of thousands of pounds by the year for the particular profit of some covetous merchants and the Common-wealth have no profit either by Excise Custom or Coynadge and till skilfull men in these Mysteries be imployed in the Mint this mischief will not be stopt or removed either by Doctors or Apothecaries Your Petitioner did formerly offer and now doth humby offer unto your Honours that he may be impowered and commissioned to be master-Worker and melter of the Mint to undertake now at this time to set your Mint to work notwithstandidg the present Warre with Spain provided your Petitioner may be impowered by your Honours order for the execution of what he shall humbly propound for the honour of the State and service of the Common-wealth in this business God send your Honours to order all these abuses by mee here presented may be prevented for the future and care taken where corrupt ignorant and unskilfull persons are got into imploiment for the publick they may be removed and trustie skilfull Officers put in their imploiments Your Petitioner humbly saies This is a sure waie to abate and lessen the great engagements of the Commonwealth when Drones are discharged and Bees imploied for if your Honours take away the cause the cure of the disease followes of course OLIVER the late Lord Protector the 20. of April 1653. dismisses the Parliament and the same day put a Guard of souldiers aboard the aforesaid ships Sampson Salvador and St. George then riding about Black wall And shortly after unloads all the silver into the Mint which your Petitioner stayed for the use of the Common-wealth your Petitioner can prove it by the Account of the Mint that the silver which was taken out of the said ships beside what was stoln and embezeled amounted to the summe of two hundred seventie eight thousand odde hundred pounds and Mr. Lieut. of the Tower Col. Barkstead paid out all this great Treasure In reducing the Dutch paying the Army and other services for the Publick as will appear by the particulars of his Accompt and your Petitioner never had farthing so that this great Treasure your Petitioner stayed was every pennie laid out in defence of the Common-wealth and subduing the Dutch It was a great mercie of God to this Nation that your Petitioner prevented the Dutch from getting this great Treasure at that juncture of time 1652. that silver would have made work for us else had the Dutch had it When your Petitioner see all this money disposed of by Col. Barkstead and not one penny thereof paid unto your Petitioner according to the promise of the Councel of State yet at the same time your Petitioner to be daily commanded and enjoined by the late Lord Protector Oliver and by his Councel and by the Judges of the Admiraltie and Doctor Walker 1653. 1654. dailie required at his own charge to attend and prosecute this businesse and to pay about ten other persons for about two yeares who assisted your Petitioner in the prosecution of this businesse as appears by the Warrants of the Councel of State Court of Admiraltie Doctor Walker all of them dated after the 20. of April 1653. which Warrants and Orders your Petitioner hath ready to produce to your Honours Your Petitioner finding this unmerciful and hard usage in this businesse to be dailie forced to borrow great summes of money at interest and to expend the same in prosecuting this business in the Admiraltie to maintain the States claim to this silver against the claimers and your Petitioner never to receive one peny from the States for his service he was enforced to petition the late Lord Protector OLIVER for his reward and satisfaction according to the promise of the Councel of State his Highness being one of the Members that had faithfully promised your Petitioner the summe of eleven thousand pounds when your Petitioner first undertook this service before Col. Bingham and Mr Sadler In his Petition hee sets forth the several services chargeable and dangerous imploiment together with the Councel of States engagements and promise to pay your Petitioner eleven thousand pounds for this his discovery and service and named several of the Councel of State which knew this to be a truth and that your Petitioner wholly relied upon the Councels Promise as aforesaid which was the true cause that engaged your Petitioner to undertake this difficult chargeable and dangerous task and emploiment And had not your Petitioner borrowed above seven hundred sixty five pounds and expended it all in this service which he payes interest for at this very day besides your Petitioners daily attendance in the Admiralty with about ten persons whom he paid and employed in this business to assist your Petitioner had not your Petitioner done this the Common-wealth had lost every penny of this great treasure The late Lord Protector Oliver upon your Petitioners addresses unto him and after his daily attendance for above two years with Petitions at Whitehall and Hampton Court for his dearly earned reward the reasons wherefore the Protector delayed your Petitioner so long before his reference touching this businesse was he knew the Referrees would certifie the debt and that he knew I could prove his particular Promise for the paying of your Petitioner eleven thousand pounds for this service which he made me at the Cock pit at Whitehall before Col. Bingham and Mr. Sadler who were of the then Councel of State and brought me to him to give him a particular Account what your Petitioner had done in this businesse your Petitioner by his importunity and daily attendance following him every day got his Highnesse Oliver at last to referre the aforesaid Petition to Col. Barkstead Lieut. of the Tower Mr. Alderman Vyner Capt. John Limbery Doctor Walker Advocate for his Highnesse Gabriel Beck Serjeant Dendy Maurice Thomson
Dorislaws as appears by the original Certificate Your Petitioner petitioned the late Lord Protector Oliver 29. July 1658. and annexed the aforenamed Report of the Referrees and petitioned to be paid the sum of eleven thousand pound The Lord Protector Oliver upon reading the aforesaid Petition and the Report annexed refers your Petitioner for satisfaction together with the Report of Col. Barkstead Sir Tho Vyner and others for your Petitioners satisfaction unto his privy Councel that they take consideration of all the maters therein contained so that the Petitioner may have and receive satisfaction according to Justice and Equity for this service 29. July 1658. but his death shortly following nothing as yet hath been done for your Petitioners satisfaction Your Petitioner thereupon in Octob. 1658. petitioned the late Lord Protector Richard for his satisfaction and annexed the aforesaid Reports and Petitions upon his Highnesse perusal of the same he was pleased to referre the same unto the consideration of Francis Bacon late Master of his Requests and Gabriel Beck Esquires Solicitor to the late Councel of State They after many dayes meeting concerning this businesse have certified accordingly as Col. Barkstead and the former Referrees have done viz. for the due paying your Petitioner the summe of eleven thousand pounds and that they hold the Petitioner to be a person very fit and useful to be employed in removing the obstructions of the Mint and that the Petitioner be employed for regulating the Manufacture of gold and silver Wyre and Lace which Certificates are here to be produced to your Honours signed by Francis Bacon and Gabriel Beck Esquires 18 Jan. 1658. Your Petitioner humbly prayes your Honours to take into consideration the great and eminent advantages your Petitioner did this Common wealth in staying this silver at that juncture of time in Decemb. 1652. for had that silver come into the hands of the Dutch they would have laid it all out in powder and shot agaiust this Common-wealth as we employed it against them as will appear by Col. Barksteads Accompts which moneys under God was a principal mean to reduce the Dutch what service this treasure did the Nation in that juncture of time Christendome knowes the Dutch then our enemies felt and this Common wealth at this day enjoys the happy fruit of it But had all advantages been home followed against the Dutch in the last War we had grubbed up their greatnesse by the roots and flayed his Zealand Lions skin and broken their sheaf of Arrows to shivers making them unable for ever to trouble us but we only pared their nailes and parted with them upon too gentle conditions and made such a peace with them that at this time they carry all our Trade from our Merchants in a manner and do us more damage by being our feined friends then they could do being our open enemies the due consideration thereof is humbly hinted here to your Honours And if your Honours require a more particular Accompt I can demonstrate it to you in many particulars May it please your Honours These Certificats though they doe declare the truth of your Petitioners service really performed by a great number of Witnesses yet without further consideration they pay not your Petitioners engagements which were disbursed by him for the accomplishment of this service and those Gentlemen that have lent their moneys reallie to your Petitioner to enable him to do this service look for real payment in moneys and not in words your Petitioners engagement at this daie for this businesse of staying of the silver being above fifteen hundred pounds St. James saith what profit is it if a Brother be naked or destitute of daily food for one to say to him be thou warmed and bee thou filled if he supply him not with food and raiment so likewise a bare Certificate without further supply will neither pay debts nor cloath nor feed a man many words will not fill a bagg it is Justice that establisheth a Nation and payment of money quits debts and not words What a shame would it bee to those that professe so much Justice and reformation as this age doth to have it left to posterity and record That your Petitioner that hath done this Common-wealth such an eminent service in getting them more money then any man in this Nation ever did before should not be justly rewarded according to the promise and ingagements of the Council of State which made your Petitioner undertake this chargable difficult and dangerous service your Petitioner might have had tenn thousand pounds from the Claimers to have held his peace and bin quiet and to suffer the Judges of the Admiraltie to let this Silver passe the truth of this is certified under the hands of many persons of quality had your Petitioner taken this course to have bin bribed off it had bin most for his ease but lesse for his honesty The Common-wealths interest and his own reputation in making good his promise and ingagement to the Lord Bradshaw and Council of State he valued more then his life your Petitioner hath done his duty and will leave the issue to God 't is Solomon that saith a poor man delivered the City yet no man remembred the poor man when he had done his work I humbly hope that your Honours Justice will prevent mee that I may not have occasion to say the same that is true of this Age or leave so sad a memorandum of the ingratitude of these times If the Rules of our Saviour were observed by men of power in this Nation at this day to do to all People as they would be done unto your Petitioner should not have bin so long from time to time delayed with references in so Just and equitable Petition If your Petitioner hath not this his dearly earned reward it will remain to posterity in print to fright and terrifie all persons and make them wary how they ingage for the future upon English States-mens promises when they shall see and read these Transactions and Certificates If your Petitioner hath not satisfaction according to Justice it would be a means to make other men to take money when it is offered and not to trust to English States mens promises About the 20. of April 1659. your Petitioner did ingage an Honourable person to present to the Lord Richard Cromwell the late Protector these very Petitions and Certificates which I now present unto your Honours in print I am credibly informed upon his perusal of them hee was most honourably pleased to be verie sensible of your Petitioners sad sufferings great expence paines and fidelitie for the Common-wealth in this service And that seeing all this Treasure which your Petitioner stopt in the Ships Sampson Salvador and George was imploied and spent in the defence of the Common-wealth his late Highnesse was pleased to declare to an Honourable person that informed mee your Petitioner his late Highnesse did think my promised reward to be a just debt and
in any age as your Supplicant hath heard of or read of Your Petitioner trusts and hopes in God and your Highnesse that so great service to your Highnesse and the Nation shall not go unrequited What service this Treasure did your Highnesse and the Nation at that conjuncture of time in 1653. Christendom knows the Dutch then our Enemies felt and this Nation under your Highnesse government do enjoy and have the happy fruit of at this day Your most humble Petitioner prayes your Highnesse to take all the Premisses into your Princely consideration And that your Petitioner may have his estate or the value thereof restored to him in recompence of his services aforesaid And your Petitioner shall ever pray c. THO. VIOLET Whitehall July 13. 1657. His Highnesse is pleased to referr this Petition to Sr. John Barkestead Knight Lievtennant of the Tower of London Sr. Thomas Viner Knight Captaine John Limbery Doctor Walker Gabriell Becke Serjeant Dendy Maurice Thompson Serjeant Middleton and Jsaac Dorislaus Esquires or any three or more of them to take the Petition within written into their consideration examine the premisses and to State and Certifie the case to his Highnesses together with their opinions upon the whole matter Fol 231. Fra Bacon Here followeth an Attestation of my Protesting in the Court of Admiraltie against the Judges clearing and discharging the said Silver and Ships and against the Spanish Ambassadors Claims just that Morning as they were discharging of the Ships and Silver being the sixteenth day of Decemb. 1652. as appears by the Certificate of the Officers of the Mint under their hands viz. WE whose names are here under-written hereby certifie all whom it may concern that we were present in the Court of Admiralty that day the Judges of the Court were reported to proceed to a sentence for the clearing or condemning of the ships Salvador George and Sampson it being about the seventeenth of Decemb. 1652. And there we saw Mr. Thomas Violet the same day in the Court present a Paper unto the Judges which he declared contained several Reasons and Arguments to the Judges for respiting their Judgment concerning the discharging of those ships and several other Prizes till he had examined several Witnesses on the behalf of the State to disprove the Spanish Claimes concerning these Ships at which time the Silver was aboard these Ships After some time spent in arguing the business by Mr. Violet in behalf of the State the Judges seeming to proceed to a sentence concerning the said Prise Ships Mr. Thomas Violet made his Protest in the said Court of Admiraltie aganist the discharge of all or any of these Prises declaring hee did it upon his owne accompt till his Witnesses were examined in the behalf of the State And that the Judges if they should proceed to the contrary should answer it to the Parliament and Council of State at their peril Thereupon the Court desisted from proceeding in the said Businesse and the Judges thereof required Mr. Violet to attend the Councel of State that afternoon about his carriage that day in the Court of Admiraltie touching these ships Dated at the Mint in the Tower of London December 23. 1654. Signed George Brett Thomas Burch James Hoore Here follow the Affidavits and Certificates of the truth of Tbomas Violets Service made by honest men of clear reputation Merchants and others that he emploied and were privie to the whole Proceedings in the Admiralty and other parts of this Nation and by what wayes and meanes he made these Discoveries to entitle the State to this Silver and disprove the Spanish Ambassadours and the Spaniards Claims The Affidavits follow viz. JOhn Glover of London Merchant aged about fourty years maketh Oath That Mr. Thomas Violet having since December 1652. received several Orders and Warrants from his Highnesses Councel and Doctor Walker Advocate for the Common-wealth to assist in the behalf of the Common-wealth against the Silver ships Sampson Salvador and George and all their Silver and lading In pursuance of which service the said Mr. Violet hath constantly intreated his this Deponents assistance amongst several other persons which he the said Mr. Violet emploied for making discovery of the several frauds and practices of the Masters of those ships and of several other Merchants Claimers of the Silver and lading in the aforesaid ships to deceive the State by their several Claims And also of the several Bills of lading and in several other particulars in pursuance of this service for the Common-wealth for several moneths this Deponent with one Mr. Simon Baldwine a Merchant who lived a long time at Cades and St. Lucars in Spain and with Mr. Violet this Deponent and they two did veiw and examine all the Bills of lading and the several pleas and Exhibits Extracts and all other writings and papers which were brought in and remain in the Registrie of the Admiraltie concerning these ships silver and lading the Register declaring that they had seen all the Transactions that was then upon record in that business which were many thousand sheets and that the said Mr. Violet had several Warrants from Doctor Walker to the Register and Examiners of the Admiralty to require them that the said Mr. Violet and all such as he should nominate under his hand to the said Register and Examiner should be impowered to make several Searches which he this Deponent and the rest did almost every day for about three moneths And this Deponent further maketh Oath That after he and the rest had taken such Observations and Directions as Mr. Thomas Violet had given order concerning the marks of several Bills of Lading and several other particulars both Mr. Simon Baldwine and this Deponent delivered the Papers up to Mr. Violet hee having imployed and contented us for our pains This Business concerning the ships and silver this Deponent came to be ingaged in at the request and entreaty of the said Mr. Violet hee having heard how necessary and advantagious hee this Deponent should bee in making this discovery of the truth of this business For that this Deponent for many years was an Inhabitant and merchants in Rotterdam and had Commerce and Trade with most Townes in Holland where Trading was stirring And this Deponent know's many of the marks of the Bills of Lading of these Silver Ships though they pretend to belong to Spaniards Hamburgers and Flaunders yet they are the same marks as divers Merchants of Holland give to their goods and Merchandize And that since the War with Holland divers Ships and their lading have been condemned in the Admiraltie and made prize of which had Silver and merchandize aboard them at the time of the condemning with the same markes which are in these Ships Sampson Salvador and George And this Deponent further deposeth That hee knoweth the said Mr. Violet imployed besides Mr. Simon Baldwin several other people for the making these discoveries ever since Decemb. 1652. And this Deponent hath been imployed