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grace_n	james_n	john_n	robert_n	2,459	5	9.5390	5	false

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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

the Seal of the Office of Majorality of the same City to these Presents by us signed have caused to be put and affixed and the same to be signed by our Town Clerk Dated in London the 22. day of July anno Dom. 1673. and in the five and twentieth year of the reign of our Soveraign Lord King Charles the second by the Grace of GOD of England Scotland France and Ireland King Defender of the Faith c. Robert Hanson Major Wagstaff Thomas Bludworth William Turner John Moore John Frederick Richard Ford. William Prichard William Peake James Edwards Robert Clayton Patience Ward Relating to the Ship the Patience Pass from the Town of Sunderburg AUgustissimi ac potentissimi Regis Christiani quinti Daniae Norwegiae Vandalorum Gothorumque Regis c. Nos constituti Consules ac Senatores Civitatis Sunderburgi universis singulis cujuscunque Dignitatis status conditionisve fuerint has Literas nostras inspecturis ut cujusvis status conditio postulat notum facimus testamur quòd harum praemonstrator Civis noster dilectus Johannes Petri Nauta officiosè nobis significaverit quâ ratione cum presenti sua Navi hîc apud nos structa Patientiae nomine insignita illique adjunctis illatis mercibus ad tractanda sua negoria honestam versuram exercendam divino savente numine in mari Orientali Occidentall pro re natâ occasione datâ hoc vere futura aestate dur●nte ●●●●gate constituit officiosè obuixè a nobis petendo c. Est itaque c. De verb● in verbum as in the Pass granted for the Ship the Palm-tree except the difference of the Date this being dated 18. March 1672. Toll-Schedule In His Royal Majesties Custom-office in Christiania Hans Petersen from Sunderburg Skipper of the Pinnace-Ship with two Tops called the Patience presently sailed by him of the bigness according as the Met-brief bears of 1041 ● lasts of date at Dramm 26. April 1671. arrived here the 14. of this instant with 9800. Daills and payed for each Last 4 1 ● Ricks-Ores cometh in all to 117. Ricks-Dallers 2. Marks and 6. Shillings and passes free Datum Christianiae in the Custom-office 22. Junii 1672. Locus Sigilli Jurgen Seckman Registred Nicolas Fluggen Freight-Brief Anno 1672. the 23. June In the Name of the Holy Trinity we undersubscribers did accord and agree together in manner following That I Jens Jensen in Christiania unto Skipper John Petersen for his present possessed Ship called the Patientia from Sunderburg after GOD grant a happy Arrival for London shall pay him for Freight 175. lib. sterl But if unexpectedly contrary and against his will he should be carried for Holland he after a good Delivery there should have for his Freight 780. Ricks-Dalle●● That this by GODS assistance both from me Freighter Jens Jensen and me Skipper John Petersen may he accomplished and kept without skaith we have these few lines both together subscribed and every one of us taken a Copy for himself Done at Christianiae year and day as above Jens Jensen Furthermore there is promised to the Skipper for his Caplaken 5. lib. sterl Missive Letter by the Freighter to Peter Splidt Merchant in London Much Honoured and Respected Friend Signior Peter Splidt Salutem Since my Cousin Skipper John Petersen from Sunderburg has bought his Loading of good D●ills from me and another good Friend I intreat you humbly that after GOD does grant him a happy Arrival you will be pleased to be helpful unto him in exchanging the same And if he should deliver you any Mony which for his own Loading he remained resting to a Friend here I intreat you to accept of it and if possible by a sure hand in Hamburg to order it hither Time will no more permit me for the present but I shall write more about it with Nomen Ipsen Be recommended to GODS Mercy Christiania the 23. June 1672. Your willing Friend Jens Jenseu Depositions of the Master and one of the Mariners before the Admirality Edinburgh 13. July 1672. Compeared Hans Petersen Master of the Ship called the Patience of the Age of 31. years Married who being solemnly sworn and examined Depones That he was born and dwels at Sunderburg and that there are ten Eaters in the said Ship who live all in Jutland And depones that the Ship was built at Sunderburg a year since and that he has been Master of her ever since And that he first brought the Ship from Sunderburg with Ballast to Christiania in Norway and went from Christiania to London with a Loading of Daills to Mr. Pottinger there and went again from London to Christiania with Bailast And at Laerwick took a new Loading of Daills upon Mr. Pottinger's Accompt and came back therewith to London And from that went to Newcastle and took in a Loading of Coals and from that went to Sunderburg And then the first of April last was freighted by Aptaket Be●ket at Jones in Finie to take a Loading of Cornes to Bremen and by storm of Weather was put up to Amsterdam and Lawrence Kettlestoun there got the said Cornes from the Deponent And came with Ballast from Amsterdam to Christiania without any Order or Advice from his Owners the Deponent and his Brother being most part Owners And depones That he loadned the Ship with 9800. Daills at Christiania in June last and got Mony from Jens Jensen who is a 32. part Owner and lives there And depones That he was going to London with the said Loading but was taken by the way upon the 2 July instant about three or four leagues off the Shoar of Norway by Captain Acheson And depones That the Charter-party and the Letter of Advic were direct to Mr. Splidt in London who was to help the Deponent to sell the Loading And depones That no part of Ship or Loading belongs to any of the Subjects of the United Provinces And depones That he cast no Papers overboard nor has no papers concealled except the Charter-party and missive Letter above written And depones The Ship is of burden 104. Last 4. Auchors 3. Cables one Haasser and a Pertling and Masts clad and Blocks full And all this is of Truth as he shall Answer to GOD. Hans Petersen Eodem die Compeared Niels Christiensen Mariner in the said Ship of the age of twenty years unmarried who being solemnly sworn and examined Depones That the Master and Mariners are all Danish men and that he was hired to go to London with this Loading And that he knows not of any Papers throwen overboard destroyed or concealed M. Jo. Stuart Commission of the Lords In actione rescissoria intentata coram Senatu Regni Scotiae ad instantiam Ioannis Petri navarchi anias ex exercitoribus navis Danicae cui nomen Patientiae Sunderburgensi tam pro se quam pro caeteris exercitoribus ejusdem navis ac Ioanne Ioannis domino mercium quibus oneratae suit agentis adversùs

are acquainted and do very well know that during the time of the last War and this present War several Ships laden with Firre Daills after it was made to appear in the said Court they belonged to Friends and Allies have been restored to the Owners and more particularly the Ships called the Dram of Norway the Christianus quintus the Salvadore and several others Charles Moore John Hough IN FAITH and Testimony whereof We the said Lord Major and Aldermen of the said City of London the Seal of the Office of Majorality of the same City to these Presents by us signed have caused to be put and affixed and the same to be signed by our Town Clerk Dated at London the two and twentieth day of July Anno Dom. 1673. And in the five and twentieth year of the Reign of our Soveraign Lord King Charles the second by the Grace of God of England Scotland France and Ireland Defender of the Faith c. Locus Sigilli Robert Hanson Major Wagstaffe Thomas Bludworth William Turner John Moore John Frederick Richard Ford. William Prichard William Peake James Edwards Robert Clayton Patience Ward Relating to both Ships Attestation of the Admirality of Holland that Daills are not Counterband For satisfying the Petition subjoyn'd The Petitioner receives this Declaration That Norway Daills by this Court according to the order of Holland are not reputed Counterband Commodities Actum the 13th April 1673. M. Fochen 1673. By command of the Court J. de Wit Locus Sigilli By the Noble and Mighty Lords the Commissioners of the Court of Admiralty at Amsterdam Bernard Vander Linden Merchant here giveth with all beseeming reverence to know how that in the year 1672. the Ship called the Patience whereof Hans Petersen of Sunderburg is Skipper and the Ship called the Palm-trree whereof Carsten Matsen of Sunderburg is Skipper was caped and brought up to Edinburgh in Scotland by some Scots Capers which foresaid Ships belong to Sunderburg and their Loading consists of Norway Daills And in like manner the Owners of the foresaid Ships and Loadings have reclaimed the same before the Government of Edinburgh who have brought the matter in question so far that the Owners have to prove that Norway Daills are no ways Commodities of Counterband here in this Country so as thereupon the said Ships and Loadings are to be declared free Wherefore the Supplicant means himself unto your Noble and Mighty Lordships submissively intreating that you would be pleased to grant him a Declaration That Norway Daills are not holden for Counterband Commodities in this Countrey which doing I remain Your Noble and Mighty Lordships Servant Bernard Vander Linden in name of the Skippers Carsten Matsen and Hans Petersen of Sunderburg His Majestie 's Declaration in favour of the Danes De la part de Sa Majesté le Roy de le Grand ' Bretaigne l'Extraict de la Response de Monsieur le Secretaire Trevor sur le Memoir de Mo●●●●●r l' Envoyé Extradinaire de Dennem●●● presenté le neufiesme Ma●●●●● LE Roy m'a commandé à v●●● donner 〈◊〉 response an Memoir que vous auez 〈◊〉 senté le neufiesme instant Que Sa Majéste est d'accord 〈…〉 durant la Guerre presente tous les Suiets du Roy de Dennemarc de quelques Lieux qu'ils en viennent puissent passer repasser librement auec leurs Gents Navires Et quant aux Marchandises qu'ils puissent traffiquer librement porter en tous Lieux excepté dans les Places assiegées toutes sortes de Bois de Masts de Viures le Lin le Chanvre le Poix le Goldron toutes sórtes de Marchandises hormis les Munitions de Guerre le Canon toutes sortes d' Armes à feu tranchantes lesquelles serunt estimées contrabende Jesuis Monsieur Vostre A Whitehall ce 22. May 1672. I'ay fait chercher les Registres de Monsieur le Secretaire Trevor trouue que cet Escrit est la vraye Copie de ce que le dit Sieur Trevor escrevit alors à Monsieur l' Envoyé Extraordinaire de Dennemarc Henry Coventry A Whithal ce dixhuictiesme d'Aoust 1673. An Extract of the Kings Declaration in favour of the Danes delivered by Mr. Secretary Trevor in answer to a Memorial of the Danish Envoy Extraordinary in May 1672. THE King has commanded me to give you in Answer to your Memorial which you have exhibited the 9th Instant That His Majesty doth agree and declare that all the Subjects of the King of Denmark may during this present War freely pass and repass from what places soever they come with their People and Ships And concerning their Merchandises that they may and can freely traffick and carry to all places except those that are besieged all sorts of Wood Masts Provisions Flax Hemp Pitch Tar and all other sorts of Merchandises except Warlike Ammunition Canons and all other sorts of Arms for firing aswell as cutting which shall be esteemed Conterband Goods I am Sir Your At Whitehal this 22. of May 1672. I have caused look the Registers of the deceassed Mr. Secretary Trevor and find that this Writing is a true Copy of what the said Mr. Secretary wrote then to the Envoy Extraordinary of Denmark Henry Coventry At Whitehall this 28. of August 1673. Protestation in behalf of the Strangers against the Capers their sending the Ship the Palm-tree to Sea after the Lords of Session by their Sentence Feb. 25. 1674. had declared the same free The like Protestation navarchi navisque tantum mutatis nominibus being made at the same time in behalf of the Strangers concerned in the Ship the Patience AT LIETH and EDINBURGH the seventienth and eightienth dayes of April 1674. and of the reign of Our Saveriagn Lord CHARLES the Second the twenty s●xtth year The which Dayes in presence of me Notary publick undersubscribing and Witnesses afternamed compeared Mr. John Jnglis Advocat as Factor for Carsten Matzen Master and Part-owner of the Ship called the Palm-tree of Sunderburg and Hans Jebsen Merchant in Sunderburg the other Part-owner of the said Ship And past to the House of William Binning Merchant in Edinburgh and Residenter in the said Town of Lieth as Part-owner of the Frigat called the Bruce whereof Alexander Acheson was Captain and as cautioner for the said Captain Where having inquired at the said William Binning's Wife if her Husband was within and she having answered he was not at home he exhibited and produced to her a Factory granted to him by the said Carsten Matzen and Hans Jebsen of the Date at Sundersburg the fifth of July 1673. and an Act and Commission of the Lords of Council and Session dated the two and twentieth of February 1673. at the instance of his said Constitutents and the Proprietar of the Loading of the said Ship the Palm-tree against the said Captain Acheson and the Owners of the said Frigat and the said Captain his said Cautioner for reducing of a Decreet of