A true State of the Case concerning Sir EDMOND TURNOR Kt. and GEORGE CAREW Esq;  
DEPENDING Upon an especial Appeal, to the Judge's Delegates, with adjuncts from a Sentence pronounced against them, and others in the Admiralty Court, at the Instance of Jacob Neitz, Andrea's Vanden Bogaerd, Michael Ʋander 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 State's 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 judges, Officers, Ministers, and Subjects of England, should be Aiding 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 authentic 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 entrusted. 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 State's General and their Subjects. Whereupon the said Carew, only endorsed 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 burden, 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 Flyboat, laden with Wine, Salt, etc. lately named the Godlive of Brugis, coming from France, and bound for Amsterdam; and carried the said Flyboat 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 Dutchmen. Then upon return of the said Commission from the chief Magistrates of Chichester; the judge of the Admiralty, pronounced that there was good cause of seizure, and condemned the pretended claimers in the expenses; But in regard one Peter Gerrard claimed the Ship and Goods, for the account of Jacob Neitz, and others, Burghers 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-admirals custody, or Waiters of the Customhouse 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 marshalsey, 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. Franklin 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 wilful 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 precedent.  
That one Peter Victorine a person born in Amsterdam appeared for the pretended Clamers (after Peter Gerrard run away to avoid payment of the expenses, 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 showing, 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 justice Rainsford, judge Wild, judge 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. aught to be reversed, made null and void against the said Sir Edmond Turnor, and George Carew.  
IT is alleged 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, Erroneous, 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 ways deposed in the Admiralty Court in the said Process transmitted; wherefore (Libellum non probatum secundum allegatum) the Sentence is null and void, as erroneous and unjust.  
And in the following Articles of the said pretended Libel, it's alleged that Tur●●● and Carew ratified, allowed and confirmed the seizure of the Ship Godilive of Brugis, and her Lading, and the disposal of the Goods taken out by Birne, and others, And the damnifying the rest of the Goods by lying; in regard, Frost and Birne proceeded to adjudication in the Admiralty, in the names of Sir Edmond Turnor and George Carew. Although neither of them, the said Turnor and Carew gave any such Order; or did at any time lay out any Money, or promise by way of contribution towards the prosecution thereof, for any Fees or Salaries to Advocates, Proctors, or Registers, who were employed in the said Process before Sentence; neither are any of these things made out in the proofs transmitted, pro ut, etc.  
3 Admitting that Sir Edmond Turnor, had also signed the Deputation to Captain Birne, whereby he might have seized any Ships, Goods, or Merchandizes belonging to the State's General and their Subjects; Yet if he had taken, or seized any Ships or Goods, belonging to the Subjects of any other Prince or State, he had no Warrant or Authority from Turnor or Carew so to do, or to break bulk before Adjudication, or to do any thing beyond the force and effect of the Letters Patents, such Actions are personal injuries; and by the Law of England, no man shall suffer for the offence of another, and Birne himself was Arrested for it; and had taken upon him to defend it, and given in good Bail accordingly.  
4. It is against the rules of all Justice, that any man should be condemned before he be heard; and how Sir Edmond Turnor and George Carew should make their defence upon any Action, or Libel against them, being not Arrested or Legally cited, or summoned to see such Libel admitted against them. Wherefore, such an Action, Proceed and Sentence upon it, is void and null to all intents and purposes of the Law,  
5. It appears upon the pretended claimers own showing throughout their whole Process transmitted, wherein so much Paper is spoiled, that the greatest damages were occasioned by delay of proceed after the Capture; for which the said Claimers were condemned in expensis retardati processus, at the instance of Birne and Frost, that only Prosecuted in the names of Turnor and Carew. And it also appears in the proofs that the Embeazelments were done by particular persons in the Ports, Havens, and Rivers of Chichester, and Pool, within the Bodies of the Counties of Sussex, and Dorcet, and aught to be tried there according to the Common Laws and Statutes of England, by matter of Record; and those persons to be questioned only (by Action of Trover, or by Information) that did the wrong; there cannot be any precedent found, that ever any Admiral, Commissioner of the Peace, or any other Officer, or Minister whatsoever, who was neither particeps Criminis nec Muneris, was questioned for any thing done contrary to a Legal Warrant and Authority given or granted out by either of them; but that only the party offending was called to question for exceeding his Commission, or Authority.  

In the 42 of Ed. III. it is enacted that no Man be put to answer, but by due Process, and matter of Record according to the old Law of the Land, and if any thing be done to the contrary, it shall be void in Law, and holden for Error.  
In the 8. Ed. II. Tit. Coron. 399. It is no part of the Sea, where one Man may see the Land of both sides, and of any thing done there, the Country may have knowledge; whereby it appeareth, that things done there, are tryable by the Country; (that is by jury) and consequently not in the Admiral Court.  
In Ed. I. Tit. Avowry 191. A Replevin was brought in Murfords Case, for taking of a Ship on the Coast of Scarborow in the Sea, and for carrying the same into the County of Northumberland, Berry Chief justice of the Common Pleas, adjudged when a taking is partly on the Sea, and partly in a River, the Common Law shall have jurisdiction.  
By the several Statutes in the 13 of R. 2. Cap. 3. and the 15. of R. 2. Cap. 5. and the 2. of H. 4 Cap. 11. wherein all the Subjects of England have an interest, it is enacted that the Court of the Admiral shall have no jurisdiction, or to meddle with any thing done within the Realm, by Land or Water, within the bodies of any County of England. And there being grievious Complaints made in those days by the Commons of England, that the Court of Admiralty had encroached upon the jurisdiction of the Common Law, to the intolerable grievance of the Subjects; it was enacted that any person finding himself grieved against the form of the Statutes, and the Common Law, shall have his Action pronounced upon the Case against him that pursues in the Admiral's Court, and shall recover his double damages against the pursuant; and the said pursuant shall Incur the penalty of 10 l. to the King for the pursuit so made, if he be convicted thereof.   
The seizure was adjudged Legal, upon several circumstances in the Case, the damages afterwards was through the default of the pretended Claimers: And the embeazilments being done by several persons within the bodies of the County of Sussex and Dorcet, where the municipal Law of England, and not the Civil Law hath the Jurisdiction. It is positively against the Rights, Liberties, and Properties of the Subjects, that any such Sentence should be confirmed against Sir Edmond Turnor and George Carew.  
As Sir edmond Turnor and George Carew, do not take upon themselves to excuse Captain grin and Jonathan ●rost, or the persons who are Bail for either; but leave them to the due course of Law: So the said Turnor and Carew, cannot but accuse the pretended Claimers, or owners of the Fly-bote and her Lading; for that the pretended Claimers and their Agents, persisted in their Practices, to defraud the King as they had done his Subjects, whereby they forfeited both Ship and Goods, upon two several offences against several Acts of Parliament, as by several Certificates under the Officers hands of the Custom-house and other Testimonials appears.  
viz. After the Ship and Goods were restored, as belonging to the Subjects of the King of Spain, and aught to have gone for Brugis or Ostend. Yet they did contrary to the Act of Navigation, bring Ship and Goods to the port of London, (without Letters of Safeconduct) and there deliver them, being of the growth of France, which was a forfeiture of both Ship and Goods by the Law. Secondly, The Wine, Salt, etc. were Entered as English Goods by an English Man that they had procured to Enter the same, to defraud the King of Foreigners duties, so they wanted not Common Claimers to make them first Spanish, and then English, for their purposes notwithstanding they were Hollanders Goods.  
It is to be observed, that Sir Edward Turnor and George Carew, (in regard they did not repectively make the least defence in the said Cause, before the Sentence) have severally purged themselves upon Oath before a Master of Chancery, to confirm all that they have respectively alleged in their own defence, before the Judges, Delligates, which Affidavits ought to be read, and come in Issue, at the hearing and final determination of the said Cause.   
Actum 12th. of January 1677.