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 â—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
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 durâ—nte â—â—â—â—gate constituit officiosè obuixè a nobis petendo c. Est itaque c. De verbâ— 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 â— 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 â— 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-Dalleâ—â— 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 Dâ—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 Beâ—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 Moâ—â—â—â—â—r l' Envoyé Extradinaire de Dennemâ—â—â— presenté le neufiesme Maâ—â—â—â—â— LE Roy m'a commandé à vâ—â—â— 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 sâ—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
the Court of Admirality for the Reasons therein mentioned together with the said Lords their Interlocutor minuted upon the Margin of the said Act by Mr. John Hay of Haystoun one of the Clerks of the date the 25. of February last bearing That the Lords having advised the Reports and Depositions contained in the Reports They found that the Property of the Ship and Goods belonged to the said Carsten Matzen and his Owners His Majesty's Allies And therefore reduced the said Decreet before the Admirality And also produced the Printed Articles of Alliance and Commerce between the most Serene and Potent Prince Charles the second by the grace of GOD King of Great Britain France and Ireland Defender of the Faith c. and the most Serene and Potent Prince Christian the fifth by the grace of GOD King of Denmark Norway c. Concluded at Copenhagen the eleventh day of July 1670. and 37. Article thereof Whereby it is declared That it should not be lawfull either be fore the giving of the first Sentence or afterwards during the time of the Re-hearing to unload sell or make away the Goods in controversie unless it should happen to be done by consent of Parties And the said Mr. John Inglis intimated to the said William Binning's Wife that he heard and was informed that her Husband and his Partners were to send the said Ship the Palm-tree to Sea and declared his Dissent from their so doing or disposing of the said Ship any manner of way whatsoever as being a free Ship belonging to his Constituents Subjects to the King of Denmark and so found and declared by the Lords Interlocutor above-mentioned and required that the said Ship might be kept in a safe Harbour within this Kingdom â—nd put in safe Custody â—ill the said Lords their Sentence was extracted and he as Factor forsaid put in possession thereof in as good condition as she was the time of the Capture And if they did in the contrary protested likeas he hereby doth protest against their so doing as illegal and unwarrantable and an expresse Violation of the said Danish Treaty and that the Captain and Owners of the said Privateer and the said William Binning as Cautioner for the said Captain might be lyable each of them in solidum for the highest Prices proven or which could be proven by his said Constituents the said Ship was worth when she was taken And for all Cost Skaith Damage and Interest his said Constituents might sustain by the said Persons their disposing of the said Ship contrary to Law the Lords Sentence the Treaty and this his present Requisition and might be censured as Infractors and Violators of the said Treaty To which the said William Binning his Wife made answer That she could say nothing her Husband not being at home Thereafter the said Mr. John Jnglis past to the personal presence of Sir James Standfield of Newmilnes another of the Owners of the said Privateer and having exhibited and produced to him the foresaid Factory Act and Commission Iâ—â—erlocutor thereupon and Treaty and having declared to and required him and protested totâ—dem verbis against him in manner abovewritten The said Sr. James Standfield after his reading of the Lords Interlocutor and the Article above mentioned of the said Treaty answered That no regard could be had to the Lords Interlocutor because the Decreet was not extracted And as to the Treaty it was taken away by the Declaration of the late War To which the said Mr. John Inglis opponed the Lords Interlocutor and Treaty abovewritten and adhered to his Declaration Requisition Protestation founded thereupon in manner above mentioned Thereafter upon the said eightienth day of April instant the said Mr. John Inglis as Factor foresaid past to the personal presence of Robert Baird Merchant in Edinburgh another Owner of the said Privateer and produced to him his said Factory the Act and Commission foresaid Interlocutor of the Lords thereupon and Treaty abovementioned and likewayes declared to required of and protestated against him in manner above mentioned To the which the said Robert Baird answered for himself and in name of the present Owners of the said Ship That he protested against the said Skipper and his Factor and Samuel Makrieth their Cautioner for all Cost Skaith Damage that they had already sustained by arresting the said Ship whereby their voyage was already stopt And likewise protested No respect could be had to the Lords Interlocutor because no Decreet extracted And further protested That no respect could be had to that part of the Danish Treaty in respect the same extended not to the Ships but to the Goods that were perishable without prejudice of their furher Desenses as accorded of the Law To the which the said Mr. John Inglis opponed the Lords Interlocutor and Article of the Treaty above written and adhered to his former Declaration Requisition and Protestation against the said Robert Baird and his whole Partners Upon all and singular the Premisses the said Mr. John Inglis nomine quo supra and the said Sir James Standfield and Robert Baird upon the Answers made by them asked Instrument c. And sicklike I the said Notary undersubscribing at the Request and Command of the said Mr. John Inglis went to the personal presence of the said William Binning upon the said eightienth day of April and made due and lawful Intimation of the foresaid Declaration Requisition and Protestation made to his Wife in the said William's absence in manner above mentioned And having shown to him the aforesaid Factory Act and Commission with the Lords Interlocutor and the Treaty above mentioned The said William declared That he and his Partners sent the said Ship to Sea by virtue of an Adjudication obtained before the high Court of Admirality and had nothing to say to the said Interlocutor or Danish Treaty These things were done at the Places afterspecified viz. to the said William Binning his Wife upon the seventienth day of the said instant Month and year of GOD foresaid in his said dwelling House at Leith betwixt ten and eleven of the Clock in the forenoon before these Witnesses Mr. John Elshner Indweller in Edinburgh and George Davidson Servitor to the said Mr. John Inglis And on the said day to the said Sir James Standfield in the House of James Hamilton at the Sign of the Ship in Lieth betwixt four and five of the Clock in the afternoon Witnesses the said Mr John Elshner and George Davidson and John Davidson Indweller in Lieth And upon the said eightienth day of April and year of GOD foresaid to the said Robert Baird in the old Coffee-house of Edinburgh in Sir James Stuart's Closs betwixt eight and nine in the forenoon Witnesses the said Mr. John Elâ—hner and George Davidson And intimat and protested to the said William Binning the said day in manner above written betwixt the Hours of two and three in the afternoon at the Post Office of Edinburgh before these
this Port of London to be here sold and disposed of for her Accompt except what was the Masters and Ships Companies as by the Letters of Advice received by this Deponent from the said Christina Hammers and one Jens Jensen of Christiania the Correspondent of this Depoâ—ent may appear And this Deponent verily believeth and hath alwayes so understood for several years past that the said Carsten Matsen Hans Jebsen and Christina Hammers are Subjects of the King of Denmark and of no other Prince or Nation whatsoever And this Deponent further saith that he verily believeth that the said Loading of Daills had they arrived and come to this Port of London when the said Ship was surprised and taken they might have been here sold for at least five pounds the Hundred for that this Deponent did then sell the very same Persons Goods which came hither in the said Ship Palm-tree the last Voyage before her being taken for above five pounds ten shillings a Hundred and for near six pounds a Hundred it being then the price current this Deponent sold such Daills for at this Port of London And moreover this Deponent saith that he never knew or understood that Norway Firre-daillâ— were ever accounted by the Custom of the Court of Admiralty in England counterband Goods or that they are so adjudged during this War John Shorter Peter Splidt of London Merchant aged fourty nine years or thereabouts sworn and examined by virtue of the said Commission deposeth and saith upon his corporal Oath That he well knoweth Carsten Matsen Master of the Ship Palm-tree of Sunderburg and that the said Carsten Matsen and Hans Jebsen are Owners of the said Ship Palm-tree And for reason of his knowledge of the same this Deponent saith That he hath known all the Freights that the said Ship Palm-tree and White Lillie hath brought to this Port of London for several years now past and hath received the Moneys due for the same Freights here in London by the order of the said Owners and for their Accompt and afterwards remitted the same to them by Bills of Exchange for their own proper use And this Deponent also very will knoweth that the said Ship Palm-tree was loaded at Christiania with Daills and bound for this Port of London when that she was taken and brought into Scotland in July last and that the said Ships Loading was consigned to Mr. John Shorter of London Merchant to be sold at this Port of London for the proper Accompt of Christina Hammers of Christiania except what was the Masters and Ships Companie 's for that this Deponent both before and since the said Ship 's Capture had several Letters writ and sent to him from the said Christina Hammers signifying that the said Ship and her Loading of Daills were intended and consigned as aforesaid And this Deponent knoweth that the said Carsten Matsen Hans Jebsen and Christina Hammers are Subjects of the King of Denmark and of no other Prince or Nation whatsoever And this Deponent further saith that the said Ship 's Loading of Daills would have been worth and sold for here at this Port of London had they been brought hither when that she was surprised and taken the several prices following viz. The eleven and twelve foot Daills for six pounds the Hundred and the nine and ten foot Daills for five pounds a Hundred and that he this Deponent then sold such Daills for the said Prices that were of the same Parcel as those were of laden in the said Ship Palm-tree when she was taken which came consigned to this Deponent to this Port of London in June 1672. in the Ship St. Peter of Sunderburg John Matsen Master laden at Christiania aforesaid by Jens Paulsen deceassed late Husband of the said Christina Hammers and Jens Jensen of Christiania aforesaid Merchant And this Deponent moreover saith that he never knew or heard that by the Custom of the Court of Admiralty in England Norway Daills were ever accounted counterband Goods or that they are adjudged so during this present War Peter Splidt Hans Paulsen Master of the Ship called the Flying Hart of Sunderburg aged twenty four years of thereabouts and Peter Jebsen Master of the Ship called the St. Peter of Sunderburg aged twenty two years or thereabouts both Inhabitants of Sunderburg aforesaid and Subjects of the King of Denmark but at present in this City of London sworn and examined by virtue of the said Commission depose and â—ay upon their corporal Oaths jointly as followeth viz. That they very well know Carsten Matsen Master of the Ship Palm-tree of Sunderburg in the said Commission named and that the said Ship belongeth and appertaineth to Hans Jebsen and the said Carsâ—en Matsen who are both Subjects of the said King of Denmark And these Deponents say that in July last past in the Voyage in which the said Ship was taken and brought into Scotland she was designed and intended with her Loading of Daills for the Port of London and to no other Port whatsoever And these Deponents do certainly know and solemnly affirm that the Loading of the said Ship when she was first taken did and doth properly and solely belong and appertain unto Christina Hammers in the said Commission named who is a Subject also of the said King of Denmark And these Deponents also well know that the said Ship Palm-tree was built at Sunderburg aforesaid for that they saw the said Ship there upon the Stocks when she was building And that they these Deppâ—ents were at Christiania in Norway where the said Ship was loaden and did therefore know that the said Loading of the said Ship belonged to the said Christina Hammers and that the same was designed only for the Port of London as aforesaid Hans Paulsen Peder Jebsen Charles Moore Notary publick and Deputy-Register of the High Court of Admiralty of England aged fourty three years or thereabouts and John Hough Notary publick one of the Clerks of the said Court aged twenty eight years or thereabouts sworn and examined by virtue of the said Commission depose and say upon their corporal Oaths That by the Custom of the Court of Admiralty of England Firre Daills are not nor never were since their remembrance accounted counterband Goods Giviâ—â— for reason of their knowledge for that he the said Charles Moore hath belonged to the said Court as a Clerk and Deputy Register for the space of twenty years and he the said John Hough for the spâ—â—â— of seven years and are acquainted and do very well know that during the time of the last War and this present War several Ships loaden 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 Ship called the Dram of Norway the Christianus quintus the Salvaâ—â—r 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