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A95314 A true state of the case concerning Sir Edmond Turnor Kt. and George Carew Esq depending upon an especial appeal, to the judges delegates, with adjuncts from a sentence pronounced against them, and others in the admiralty court, at the instance of Jacob Neitz, Andreas Vanden Bogaerd, Michael Vander Plancken, and others, subjects of the King of Spain. 1677 (1677) Wing T3110; ESTC R230459 4,912 4

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A true State of the Case concerning Sir EDMOND TURNOR Kt. and GEORGE CAREW Esq DEPENDING Upon an especial Appeal to the Judges Delegates with adjuncts from a Sentence pronounced against them and others in the Admiralty Court at the Instance of Jacob Neitz Andreas Vanden Bogaerd Michael Vander Plancken and others Subjects of the King of Spain THe King of Great Britain in the year 1665. having granted special Letters of Reprisals against the States General and their Subjects for the reasons therein contained under the great Seal of England unto the said Sir Edmond Turnor and George Carew and their Assigns to continue effectually in force until the sum of 151612 l. sterling should be recovered with Costs and Damages wherein His Majesty signified his Will and Pleasure to be such That all Iudges Officers Ministers and Subjects of England should be Ayding and Assisting therein and to take care that the said Letters Patents and Commissions thereupon should be favourably interpreted and construed in all respects to the benefit and best advantage of Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as by an authentick Copy of the said Letters Patents hereunto annexed appears At the importunity of several Persons interessed in the said Letters Patents for whom the said Turnor and Carew were nominated and intrusted An Exemplification of the said Original grant was delivered to one Captain Tyrence Birne by the said George Carew to put the same in Execution according to the force and effect thereof against the States General and their Subjects Whereupon the said Carew only indorsed an appointment upon the back side of the Exemplification in these words viz I the within named George Carew do hereby constitute assign and appoint Captain Tyrence Birne Commander of the good Ship the Royal mentioning therein the burthen number of Men Guns and time of victualling to do and Execute all and every such Act and thing as by him the said Birne may be done Executed and performed by virtue of the said Letters Patents In witness whereof the said Carew set his Hand and Seal The said Captain Birne promising to procure Sir Edmond Turnor to sign the same which the said Birne neglected to do In pursuance of the said single appointment Captain Birne pirocured Jonathan Frost and other his part-owners to set forth the said Ship to Sea and consequently in or about the Month of August 1666. near Portland Bay He seized a Fly-boat laden with Wine Salt c. lately named the Godlive of Brugis coming from France and bound for Amsterdam and carried the said Fly-boat into the Harbour of Chichester from whence he sent to Mr. Suckling his Proctor for a Commission to examine the Master and the Seamen who confessed themselves to be Hollanders born the Ship Dutch built and the goods cousigned to Dutch-men Then upon return of the said Commission from the chief Magistrates of Chichester the Iudge of the Admiralty pronounced that there was good cause of seizure and condemned the pretended claimers in the expences But in regard one Peter Gerrard claimed the Ship and Goods for the accompt of Jacob Neitz and others Burgers and Inhabitants of Brugis in Flanders an Order of Court was made the Goods being perishable that both Ship and Goods should be restored upon Bail to abide the Sentence upon hearing the cause which the Claymer refused to give pretending that before the Ship was taken into the Vice-Admiralls custody or Wayters of the Custom-House put upon her that much Salt Wine and Saffron was imbeazelled Whereupon they Arrested Captain Birne by Writ out of the Admiralty for 1000 l. damages and committed him to the Marshallsey who gave good and sufficient Bail by two Citizens of London to answer the said Action Afterwards the Ship and Goods upon pretended Certificates from Brugis and new examinations were restored by decree of the Court and confirmed by the Lords Commissioners for Prizes and actually delivered accordingly Then Mr. Francklin Proctor for the pretended Claimers Exhibited a Libel against Sir Edmond Turnor George Carew Captain Birne and Jonathan Frost without any discontinuance or prosecution of the Action for 1000 l. against Birne And framed an impertinent Sentence against Sir Edmond Turnor and George Carew who were not Arrested Cited or Summoned to defend the said Cause Tyrence Birne and Jonathan Frost for eighteen hundred pounds damages through imbeazilments leakage and spoiling the Ship and Goods by lying although occassoned by the wilfull default of the pretended owners wherefore Sir Edmond Turnor and George Carew appealed by themselves for a Nullity of the said Sentence as repugnant to Law and of a dangerous consequence to the Subjects of England if such practices should be brought into president That one Peter Victorine a person born in Amsterdam appeared for the pretended Clamers after Peter Gerrard run away to avoid payment of the expences and the charges of the Seamen at Chichester which are yet unsatisfied and continues in his malicious and vexatious prosecutions against Turnor and Carew notwithstanding there is not upon their own shewing any the least proof against the said Turnor and Carew in all their Examinations though of no Record to make them chargeable or guilty of any imbeazilment or so much as the knowledge of any of the said transactions mentioned in the said Sentence from which they appealed to His Majesty in the High Court of Chancery who appointed the same to be heard and determined by the Right Honourable the Lord Chief Iustice Rainsford Iudge Wild Iudge Windam Faron Littleton Sir Richard Loyde Sir Timothy Baldwin Sir Edward Lowe Dr. Pinfold Dr. Trumball Dr. Digby Dr. and Briggs or a competent number of them as by the said Commission unto them directed under the great Seal of England appears Several Reasons and Arguments why the said Sentence of 1800 l. ought to be reversed made null and void against the said Sir Edmond Turnor and George Carew IT is alledged in the first Article of the pretended Libel against Sir Edmond T●●●r and George Carew and also against Jonathan Frost and Tyrence 〈◊〉 and it is so pronounced in the Sentence from which the said Sir 〈◊〉 Turnor and George Carew by themselves appealed especially for a 〈…〉 directed to several Judges of the Common Law as Adjuncts with the ordinary Delegates Civil Lawyers unto which Doctors Frost and Brine appealed that they were Owners Fraighters or Insurers of the Ship Royal whereof the said Tyrence Pirne was Captain and that they did Man Equip Victual Furnish and set the said Ship to Sea at their Costs and Charges which is a gross mistake Erronious false and contrary to the truth of the matter so far forth as concerneth the said Sir Edmond Turnor and George Carew neither is there any such thing proved or any wayes deposed in the Admiralty Court in the said Process transmitted wherefore Libellum non probatum secundum allegatum the Sentence is null and void as erronious and unjust And