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 Palmtree, and Patience of Sunderburg, adjudged Prise by the High-Court of Admiralty, anno 1672. AGAINST Alexander Acheson Captain of the Frigate, or Private Man of War, by which the said Ships were brought up, and the Owners of the said Frigate, viz. John Duke of Rothes, Lord High Chancellor, and William Lord Cochran, deceased; 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, etc. 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 majesty'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 Majesty's INSTRUCTIONS, insisted on by the Capers, against these Ships; His majesty's LETTER to the LORDS (in the Case of another Ship) relative to His INSTRUCTIONS; and divers other Papers, related to in the DECREETS.  
EDINBURGH, 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 Palmtree, and Patience of Sunderburg, against Captain Acheson and his Owners, in whose favour they were adjudged, Reducing the Admiral's 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 King's Majesty and the King of Denmark, (albeit the Ships loosed from Norway, in the beginning of july, 1672. long after the breaking out and knowledge of the War) not to infer a Confiscation of the Ships, and Loading alone; But that it importeth a just ground to seize and bring the same to Trial, and that it putteth the burden of Probation upon the Strangers, by Documents and Witnesses above exception: That the Ships and Loading belong to the King's Allies, and Freemen, and not to the King's 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 Loading. 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 jointly to be a sufficient presumptive Probation of a Contrivance, and that the Ships and Goods are not free. BUT YET, to admit of a contrary positive Probation by Documents and Witnesses above exception; That the Ships and Loading belong to the Subjects of Denmark, His Majesty's Allies, unless the Privateer prove the same to belong to the King's 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 counterband by the Custom of the Admiralty 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 Loading, 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 less.) And craving the Benefit of a contrary Probation, as to the matter of Counterband, etc.  
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, up 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 Admiralty of Holland, and His Majesty's Declaration in favour of the Danes.  
25. February, 1674. The Lords having advised the Reports with the Depositions of the Witnesses, contained therein. etc. Then find that the property of the said Ships and Goods, doth belong to Carsten Matsen and Hanse Petersen. and their Owners, His Majesty's Allies, And therefore Reduce the Decreets of Adjudication, etc.   

Upon Informations given in hinc inde, in Relation to His Majesty's INSTRUCTIONS.  
23. july, 1674. The Lords having considered the Informations given in by either Party, together with His Majesty's 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 King's Allies, and Freemen.   

Item, Upon a Hearing in Presence, upon His Majesty's INSTRUCTIONS.  
30. july, 1674. The Lords having heard, etc. 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 discerned 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 to his Grace the Duke of Lauderdale; All which after divers years' expectation of the Success, taking no effect; The Strangers apply to the Lords in the Winter Session, 1679. And after long Tergiversation of the Capers obtain at last this Interlocutor, upon a full hearing in presence.  
27. February, 1680. The Lords having called both Parties and their Procurators, in their own presence, and fully heard, etc. And having advised the Reports, anent the value of the Ships and Goods, from London and Sunderburg, THEY FIND, the Ship, the Palmtree, proven to be worth 5000. Ricks Dollars. And, the Ship, the Patience, proven to be worth 3500. Ricks Dollars, and each hundred Dails of which the Loading of either Ship consisted, proven to be betwixt 5. and 6. lib. Sterling; AND DECERN the Value of the Ships as proven. And modify the price of each hundred Dails to 50. lib. Scots, etc.  

Against this Interlocutor, the Capers having Represented to the Lords, by a Petition given in the last day of the Session.  
1. Toat the Process had slept, and behoved to be wakened.  
2. Several of the Strangers were dead, whose Factories behoved to be renewed.  
3. By the King's INSTRUCTIONS, double and concealled Documents (both which occurred in these Ships) were a positive ground of Confiscation.  
4. The Value could only be Discerned as the Ships and Goods were worth here.  
5. The Goods were Counterband by the Dutch Placaets.  
6. The Value behoved to be Discerned according to the Roupe.  
7. They behoved to have Allowance of the Admiral's Tenths; The King's Fifteenths, and the Companies Thirds.   
28. February, 1680. The Lord's supersede Extracting of the Decreets till the 1. of june. To the effect the Defenders betwixt and that time may produce the Roupe, which was made of the Ships.  
And when June was come, and an Answer made to their Petition by the Strangers, upon Consideration of Both,  
22. june 1680. The Lords adhere to their former Interlocutor of the 27. Feb. 1680. and Interlocutors preceding, AND ALLOW the Pursuers the Annualrent of the sums Discerned as the Value of the Ships from the Month of February, 1674. or after such time as the Defenders traded with the same; The Pursuers proving the Defenders have tradrd with them ever since: And if the Pursuers and their Procurators will not burden themselves with the said Probation; The Lords ordain the Decreets to be Extracted as to the prices according to the foresaid last Interlocutor.  
After which Interlocutor, upon a Petition given in by the Strangers, referring the Defenders Trading with the Ships to their Oaths; a Term was assigned them to Compear and Depone, And whereupon an Act being Extracted, and called, The Term was circumduced against them.  
After the Extracting of the foresaid Act, whereupon the Term was circumduced against the Capers for not compearing to Depone anent their Trading with the Ships, Captain Acheson, Sir William Bruce, Sir James Standfield, Sir William Binning, and others, his Owners gave in a Petition: Upon which, though ipsis verbis, the same with the Petition immediately preceding; the Lords ordained both Parties procurators to be heard in praesentia, as they were about three weeks after: And then upon a most contentious Debate, as to the Dutch Placaets, Double and Concealled Documents, the King's Instructions, etc. By an Interlocutor.  
20 july, 1680. The Lords adhere to their former Interlocutors. BUT ALLOW Deduction of the Admiral's Tenths, and the King's Fifteenths; The Defenders producing Discharges thereof before Extracting of the Decreets.  
After this Interlocutor, the Capers produced a Roupe, which they pretended they had made of the Ships, after they were declared free; And gave in a Petition, wherein they again recur to the pretence of Counterband; Upon Consideration whereof, and of the Answer made by the Pursuers to the Roupe.  
24. july, 1680. The Lords refuse to grant the Desire of the Petition in respect that point a●e●● Counterband was formerly considered by them; AND REFUSE to sustain the Roupe in regard the same was not formal, and that it was posterior to the Lords Interlocutor; whereby they Declared the Ships and Goods free: AND THEREFORE ADHERE to their former Interlocutors, And ordain the Decreets to be Extracted.  
Then the Capers gave in another Petition, Representing, 

1. They could be only liable for the Ships as Rouped, and for the Goods as sold to the Exchequer.  
2. Former Interlocutors allowed them to instruct at what Rates the Ships and Goods were sold here, And therefore they could be no further liable than as they sold.  
3. They could not be liable for Annualrent, Because those of them who bought the Shipe might as Lawfully Trade with them as a Stranger.  
4. They behoved to have Allowance of the Tenths, Fifteenths, and Thirds.  
5. They could not be liable in solidum, but singuli pro virili.    
Which being Considered,  
29. july, 1680. The Lords notwithstanding thereof Adhere to their former Interlocutors, in respect there was nothing therein Represented, but what had been formerly under their Consideration; 〈◊〉 refuse to allow any Deduction upon account of the Companies Thirds.  
After this the Capers gave in a new Petition, Craving a Delay till November thereafter, upon these Grounds; 

1. That several of the Pursuers were dead, whose Factories were therefore expired.  
2. Several of the Defenders were dead, (as namely, the Lord Cochran) whose Representatives behoved to be called.    
Which Considered,  
30. july, 1680. The Lords notwithstanding of what was thereby represented; ADHERE to their former Interlocutors; And refuse to delay the Extracting of the Decreets.  
Which Decreets nevertheless when Extracted, were (upon the very same pretences which had been so often Repelled by the whole Lords in time of Session) Suspended by three of the Lords in time of Vacance.   

Articles of the Treaty betwixt His Majesty and the King of Denmark, in the year 1670. Printed at London, Anno, 1672.  

ARTICLE XX.  
BUt lest such freedom of Navigation or Passage of the one Ally, and his Subjects and People, during the War, that the other may have by Sea or Land, with any other Country, may be to the prejudice of the other Ally; And that Goods and Merchandise belonging to the Enemy, may be fraudulently concealled under colour of being in Amity: For the preventing of Fraud, and clearing all Suspicion, It is thought fit, that the Ships Goods, and Men belonging to the other Confederate, in their Passage and Voyages be accompanied with Letters of Passport, and Certificate: The Form whereof to be as followeth,  
CHARLES, the Second by the Grace of GOD, King of Great-Britain, etc.  
Christian, the fourth by the Grace of GOD, King of Denmark and Norway, etc.  
When therefore the Merchandise, Goods, Ships, or Men of either of the Confederates, or their Subjects, and People, shall meet in open Sea, Streights, Ports, Havens, Lands and Places whatsoever, the Ships of War whether public or private, or the Men, Subjects, or People of the other Confederate; upon Exhibiting only the foresaid Letters of Safeconduct and Certificate; there shall be nothing more required of them, nor shall search be made after the Goods, Ships, or Men; nor shall they be any otherwise whatsoever molested or troubled, but suffered with all Freedom to pursue their intended Voyage. But if this Solemn and set Form of Passport and Certificate be not Exhibited, Or that there be any other just and urgent cause of Suspicion, then shall the Ship be searched; which is nevertherless in this case only understood to be permitted, and not otherwise. If by either party any thing shall be committed, contrary to the true meaning of this Article, against either of the Confederates: Each of the said Confederates shall cause his Subjects and People offending, to be severely punished, and full and entire Satisfaction to be forth with given, and without delay to the Party injured, and his Subjects and People for their whole loss and expenses.   

ARTICLE XXIV.  
BOth Parties shall cause Justice and Equity to be Administered to the Subjects and People of each other, according to the Laws and Statutes of either Country, speedily and without long and unnecessary Formalities of Law, and Expenses, in all Causes and Controversies, which are Depending, or which may hereafter arise.   

ARTICLE XXXV.  
AND for the greater security of the Subjects of both Kings, and for preventing of all Violence towards them from the said Ships of War, all Commanders of any of the Ships of War, belonging to the King of Great-Britain, and all other His Subjects whatsoever, stall be strictly charged, and required, that they do not molest or injure the Subjects of the King of Denmark. If they shall do otherwise, they shall be liable to answer it in their persons, and Estates; and shall therein stand bound, until just Satisfaction and Compensation shall be made for the wrongs by them done, and the Damage thereby sustained, or to be sustained. In like manner, shall all the Commanders of the Ships of War, belonging to the King of Denmark, etc.   

ARTICLE XXXVI.  
BOth Kings shall take Care, That Judgement and Sentence in things taken at Sea, be given according to the Rules of Justice and Equity, by persons not suspected, or interested, and being once given by such Judges as aforesaid; they shall strictly Charge, and Require their Officers, and whom it shall concern to see the fame put in due Execution, according to the Form and Tenor thereof.   

ARTICLE XXXVII.  
IF the Ambassadors of either King, or any other public Ministers, residing with the other King, shall happen to make complaint of any such Sentence: That King to whom complaint shall be made, shall cause the said Judgement and Sentence to be Reheard and Examined in his Council; That it may appear whether all things requisite and necessary, have been performed according to the Rules of this Treaty, and with due Caution. If the contrary shall happen, it shall be redressed, which is to be done at the furthest within three month's time.  
Neither shall it be lawful either before the giving of the first Sentence, or afterwards, during the time of the Rehearing, to unload, or sell, and make away the Goods in controversy, unless it happen to be done by consent of Parties, and to prevent the perishing of the said Goods and Merchandise.    

The Third Article of the King's INSTRUCTIONS concerning Prizes, sent down in June, 1673. which relates to Double and concealed Documents, so much inlisted on by the Capers in these Decreets.  
THat where any Ship met withal by any of the King's Royal Navy, or other Ships, Commissionated by His Authority, shall fight or make resistance, or the Master or any of the Company shall throw away, burn, tear, or conceal any of the Ships Papers, or Documents: or shall have ●o papers at all found on board in the said Ship, or shall bring or offer to the Court any false or double Writings, for Evidence; thereby to clear her, or her goods, or any of them; the said Ship and goods shall be Adjudged and Condemned, as good and lawful Prize.   

The King's Letter to the Lords, concerning the Ship, the Calmar, dated 24th July, 1674. Relative to His INSTRUCTIONS.  
WE have fully Considered your Letter To Us of the date the 25th. February, And do find that you have hitherto proceeded exactly in the Process depending before you, Concerning the said Ship and Goods, according to the Instructions formerly sent unto you, which were intended by Us to prevent the Fraud of Our Enemies, or of such as might drive a private way of Trading with them, to the prejudice of Our Service: And not to be a snare to Our Subjects, or the Subjects of any Prince in Alliance with Us, when the property of either Ship or goods, coming into any Port of Our Dominions, doth really appear to belong unto any of them, etc.    

Other Papers relating to the Ships, the Palmtree and Patience of Sunderburg, viz. The Passes, Toll-Schedules, Freight-Briefs, and Missive Letters, aboard of the Ships when taken. Depositions of the Masters and Mariners, after they were brought up. Commissons of the Lords of Session for proving the Property, etc. Reports thereof from the Magistrates of Sunderburg, Cristiania and London; with an Attestation of the Admiralty of Amsterdam; His Majesty's Declaration in favour of the Danes; and the Protestations taken in behalf of the Strangers, against the Capers sending the Ships to sea, after the Lords had declared them free.  

Relating to the Ship the Palmtree.  

Pass from the Town of Sunderburg.  
AUgustissimi ac Potentissimi Regis, Christiani quinti, Daniae, Norwegiae, Vandalorum, Gothorumque Regis, Ducis Slesvici, Holsatiae, Stormaeriae & Dithmarsiae, Comitis in Oldenburg & Delmenhorst; Nos constituti Consules ac Senatores Civitatis Sonderburgi, universis & singulis cujuscunque dignitatis, status, conditionisve fuerint, has Literas nostras inspecturis, ut cujusvis status & conditio postulat: notum facimus & testamur. quòd harum praemonstrator C●vis noster dilectus, Christianas Matthiae Nauta, officiosè nobis significaverit, quà ratione cum presenti sua Navi hic apud nos structa, & Palmae nomine insignita, illique adjunctis & illatis mercibus, ad tractanda sua negotia, & honestam versuram exercendam, divino favente numine, in marl Orientali & Occidentali, pro re natâ & occasione datâ, hoc vere & futura aestate durante, navigate constituit; offic●o●è & obnixè a nobis petendo, ut sibi ad majorem sui cautionem & satisfactionem, patentes salvi-conductus literas impertiri haud gravaremur. Est itaque ad omnes & singulos, tam summos quam alios rei bellicae Praefectos, imprimis Dominos constitutos classis Admirales, Vice-Admirales, Capitaneos, Classiarios, Legatos, Excubitores, & reliquos Naviculariam facientes, humillima officiosa & amica nostra petitio, ut praememorato Nautae civi nostro dilecto, cum Navi praesenti, Naviculariis & injectis Mercibus, pro negotiorum & honestae mercaturae conditione, in mari Orientali & Occidentali, per sua Freta, Terras & Territoria, si illa fortè inviseret; aut (quod Deus prohibeat) per maris intumesentiam & tempestates, ad illa dejectus propelleretur; non tantum liberum, securum, ac tutum, tam accessum quàm discessum concedere: sed etiam, in necessitatis casu, illum omni & promotionis & subsidii genere prosequi dignentur. Id, serenissima Regia Majestas, Rex ac Dominus noster clementissimus, clementissimè recordabitur; & nos erga unumquemque pro cujusvis status conditione ac requisito, ut humilismè officiose & amicè recompensemus, semper paratissimi erimus. Et in majorem rei certitudinem, has Literas consueto Civitatis nostrae Sigillo firmari jussimus. Dabantur, die decimo quarto Mensis Martii, anno milesimo sexcentesimo septuagesimo secundo.  


Jacob Jensen.  
Hans Pehman.   Locus Sigilli.   

Toll-Schedule.  
In His Royal majesty's Custom-office in Christiania, Carsten Matsen from Sunderburg Skipper, paid Custom for his Ship, being a Pinnace with two Tops, called, the Palmtree, of the bigness (according to the Metbrief dated in Dramm, 28. April 1671.) of 1537/8 Lasts; with which, upon the 14. of this instant he arrived here, being loaded with 12500. Dalls, and hath paid for each last 4½ Ricks-Orts, extending in the whole to 172. Ricks Dallers, 2. Marks, 18. Shillings: and passes free. Dated in Christiania, in the Custom-office, 22. Junii, 1672.  
Locus Sigilli. Jurgen Seckman. Registered Nicolas Fluggen.   

Freight-Brief.  
Anno, 1672. the 23. of June, are we underwritten, in name of the Holy Trin●y, one with another, agreed in accord as followeth; to wit, That I Kirsten Hammers, the ●elict of Jens Paulsen, here at Christiania; shall give to Skipper Carsten Matsen of Freight, of this his new presently employed Ship, called the Palmtree of Sunderburg, 230. lib. Sterling of Freight, after that the Lord shall give a happy and safe arrival at London. And in case he unexpectedly shall be brought up against his will to Holland; then of Dollars 920. after good Delivery. And that in this manner, with God's assistance, shall of me the Freighter Kirsten Hammers, and of me Skipper Carsten Matsen be acoomplished and kept skaithless. Wherefore, we each with another have subscribed these few lines; whereof each of us hath received the Double. At Christiania, day and date foresaid, and promise to the Skipper of Caplaken, five pound Sterling.  
Kirsten Hammers, Relict of Jens Paulsen.   

Missive Letter by the Freighter to John Shorter Merchant, since Sheriff of London.  
Much honoured and respected Friend, Signior John Shorter, Salutem. Your good Letter, the 21. May, with Skipper Carsten Matsen, is delivered into my hands: out of which, I perceive your good will towards my Husband Jens Paulsen of blessed memory. As concerning the agreement for Freight with the forenamed Skipper, to take in a Loading for you, I have with the help of good Friends, in the best manner and utmost diligence, done accordingly; as appeareth out of the enclosed Memorial. I suppose you will continue in your real integrity towards me, as I did find you always towards my Husband of happy memory: and besides the Account of the foresaid Memorial, you will consider the great perils at Sea, which I shall leave to your good discretion. And it is my humble request, that you with the first would assist me with some Money, either in Hamburg, or else here in the Country: because there is small occasion to draw a Bill of Exchange, of Ricks Dollars, from hence upon London; and I cannot do it except with great loss. And God knows how I stand in need of Money for the present, to clear up my Husband, of happy memory, his Accounts, for his governing Office, notwithstanding there is a great deal, in respect of my Husband's goodwill, resting unto me. Therefore, I took occasion the 8. ditto, to draw a Bill of Exchange upon you, payable to Claus Hansen. If the same shall be presented unto you, I expect your good payment, after that Hans Paulsen is well arrived. And if any occasion may happen, and I should send a Bill of Exchange upon you, I hope you shall accept of, and pay it. Wherein otherwise I can serve you, it shall be done. And hereby wishing you well, I recommend you to the Lords protection, and remain,  
Your obliged Servant, Kirsten Hammers, Relict to Jens Paulsen.   

Depositions of the Master, and one of the Mariners, before the Admiralty.  
Edinburgh, 13. July, 1672.  
COmpeared Carsten Matsen Master of the Ship, called the Palm, of the Age of 30. years unmarried; Who being solemnly sworn and examined, Depones, That he lives at Sunderburg, and that there are eleven Eaters in the Ship, beside the Deponent. And that all of them live at Sunderburg, except one Man who lives three miles from it, and another in Norway. And depones, That he has been Master of the Ship these two years bygone, since she was built at Sunberburg, and that the Deponent and Hanse Jebsen in Sunderburg are sole Owners of the said Ship. And that the said Ship is 153. Last. And that the said Ship was loaded at Christiania in Norway, with 12500. Daills, by the Widow of Jens Paulsen in Christiania. And depones, That he was going to London with the said Loading, And that he has no Charter-party, but a Missive-letter, direct to John Shorter Merchant in London, from the said Widow. And that M. Shorter is to pay the Deponent 230. lib. sterling of Freight, besides the Caplaken which is 5. lib. And depones, That no part of the Ship or Loading belongs to any Hollander. And that there is in the Ship three great Anchors, and a Warp-Anchor, three great Cables, two Haassers and a Pertling: all Masts clad, and Blocks full. And depones, That about six weeks ago, he was at London with dails in this same Ship, in the immediate preceding voyage, which were consigned to Mr. Shorter. And all this is of truth, as he shall answer to GOD. And depones, He was taken by Captain Acheson upon the 2. of July instant.  
Carsten Matzen.   

Eodem die, Compeared Michael Christinsen, one of the Mariners of the said Ship, of the Age of 36. years, Married, and lives at Sunderburg: who being solemnly sworn and examined; Depones, That he was hired at Sunderburg, to go to London the former Voyage, which accordingly he performed: and was hired in this Voyage, to go to London also. And as to the residence of the Master and Mariners, depones conform to the Master. And depones, That he knows not the Owners of Ship or Loading, And that he saw not any Papers hid, destroyed, or cast overboard.  


M. C. C. Bickerstaff.  
M. Jo. Stuart.     

Commission of the Lords, conform to their Interlocutor 22. Februarii 1673.  
IN actione rescissoria intentata coram Senatu Regni Scotiae, ad instantiam Christiani Matthiae, navarchi & alterius ex exerciteribus navis Danicae, cui nomen Palmae Sunderburgensi, tam prose quam pro altero exercitore ejusdem navis, ac Christiana Hammers domina mercium quibus onerata fuīt, agentis; adversus Alexandrum Acheson praefectum navi bellicae Brussia dictae, ejusque navis exercitores, aliosque quorum interest; ad rescindendam sententiam quandam, à Suprema curia Admiralitatis latam, qua dicta novis Palma Sunderburgensis cum mercibus damnata est; adque restitutionem ejusdem navis, ac mercium, actoribus, cum omni causa faciendam, vel pretium eisdem solvendum, atque damnum resarciendum. Partibus de tota re controversa in judicium vocatis & auditis, superque scriptis ab utriisque exhibitis, deliberato; VISUM EST SENATUI, Ex eó quod navis de qua queritur, literis trajectitiis juxta formulam foederis inter serenissimum Regem nostrum, ac Regem Daniae initi, non esset instructa, etsi primo Julio, superioris anni, ex Norvegia (postquam jam diu belium inter serenissimum Regem nostrum, & Ordines uniti Belgii vulgo innotuerat) solverit; non quidem, per se, induci confiscationem navis aut mercivum; sed illud tamen, navi capiendae, atque huc adducendae, ut in eam inquireretur; justam prebuisse causam. Adeoque & onus probationis, per documenta & testes, omni exceptione majores, actoribus imponere; navem atque merces ad confaederatos, & non ad hostes pertinere: nec ad hoc probandum (alioquin sufficiens, si dum literae trajectitiae impretrarentur adhibitum fuisset) jusjurandum navarchi, aut exercitorum, nunc sufficere. Praeterea cum literae istae, quibus navis instructa fuit, scriptae sint in genere, & ante bellum, nec de itinere, in quo navis deprehendebatur, mentionem ullam speciatim faciant; cumque constet, ex jurejurando navarchi, instrumentum locationis conductionis, quod penes se habuerat, ab eo, dum caperetur, celatum fuisse; Visa satis haec, ad inducendam probationem praesumptivam simulationis cujusdam, navemque ac bona non esse libera: sed quae contrariam nihilomninus positivam probationem admittat, qua per documenta ac testes, exceptione omni majores, probetur; n●vem atque merces ad subditos Regis Daniae, serenissimi Regis nostri confaederati, pertinere: nisi eadem, à reis, probentur pertinere ad Regis nostri hostes. Cumque insuper, ex dicto locatio●●● conductionis instrumento patet, verum portum, ad quem hoc itinere navis conducebatur, aut celatum fuisse, aut conductricis locatorisve arbitrio relictum; vel hoc solum suffici re, visum, ad confiscationem & navis & mercium, etiamsi alioque libera esse probentur: dummodo rei docere queant tabulas abiegnas, cujusmodi illae fuere quibus navis onerebatur, ejus generis mercium esse, secundum consuetudinem Admiralitatis, vel Anglicae vel Belgicae, quas vulgo contrabanda vocant: cujus tamen rei, contraria probatio actoribus permittitur. Concessum praeterea actoribus, uti documentis ac testimoniis idoneis, probent, quanti navis cum caperetur, pretii fuerit: quot & quales tabulae fuerint, quibus erat onusta; & quanti eas vendituri fuissent, fi ad portum, quo revera navis, presenti itinere, destinabatur, appluissent.  autem rite ea qua in alteruiram partem probari convenit, probari possint; SENATUS Praesides, Consules, & Senatus Civitatum Sunderburgensis & Christianiensis, praesectumque civitati Londinensi, obnixe rogat; uti testes, adhibita jurisjurandi religione, de iis quae supra dicta sunt, examinent, illorumque dicta, scripto excepta, ab ipsis nominibus suis (si scribere norint) & ab actuariis seu scribis civitatum, subscribi curent, atque unà cum hoc praesenti scripto obsignata, actoribus, vel eorum mandatariis ante diem primum mensis Junii, proximè futuri, huc referenda tradant. Actum in Senatu, Edinburgi ad diem vigesimum secundum mensis Februarii, anno Christiano, millesimo sexcentesimo septuagesimo tertio, sub Sigillo nostrae Curiae, & ex Chirographo Magistri Alexandri Gibson Scribae Curiae, Deputati Domini Archibaldi Primrose de Carintoun, Militis Baronetae, Clerici Registri, Parliamenti, ac Consilii supremi Domini nostri Regis.  
Al. Gibson.   

Report of the Magistrates of Sunderburg.  

Nos Consules ac Senatores Civitatis Sunderburgensis, notum testatumque facimus, oblatum nobis fuisse Rescriptum quoddam Senatus Regni Scotiae, datum die vicesimo secundo mensis Februarij proximè praeteriti, quo rogati sumus, ut testes, de capitibus quibusdam controversis, in actione inter Christianum Matthiae navarchum navis Palmae Sunderburgensis, & Alexandrum Acheson, praefectum navi bellicae, Brussia dictae, coram eodem Senatu pendente; examinaremus: prout dicto Rescripto fuse continetur. Qua in re, ne officio nostro deessemus, ad instantiam actoris, testes infra scriptos, in judicium vocari curavimus: ninirum Matthiam Pauli Plaet, Ernestum Uthermohlen, Thomam Thomsen, Johannem Dahler, Roticherum Kruss, & Jacobum Jensen Becker, cives hujus civitatis, virosque fide dignos, atque omni exceptione majores; qui comparentes, singulique interrogati, juramento corporali ab ipsis praestito, affirmavere & declaravere, dictam navem in hac civitate fabricatam, ad praenominatum Christianum Matthiae, & Johannem Jebsen, eosque solos, nunc pertinere, atque eo tempore quo capta est, & in Scotiam abducta, pertinuisse: eodemque tempore ad quinque mille nummos imperiales, aestimari potuisse: eosdemque subditos esse Serenissimi Regis Daniae & Norwegiae. Causam scientiae itidem sub juramento reddentes, quòd noverint illos cives, indigenas, atque incolas esse hujus civitatis, navemque in eorum & non aliorum usum fuisse fabricatam, ipsosque ab eo tempore eandem solos instruxisse, atque abromnibus, solos ejusdem Dominos habitos ac reputatos fuisse, & adhuc esse: tantique quum Christianiâ Londinum versùs, mense Junio superioris anni, iter susciperet; ab illis vendi potuisse. Quorum in fidem nomina sua subscripsere atque figilla consueta apposuere.  


Matys Paulsen Plat.  
Ernst Uther mohlen.  
Thomas Thomensen.  
Jens Dahler.  
Rotger Kruss.  
Jacob Jensen Becker.     

Comparuere & ipsi Christianus Matthiae & Johannes Jebsen, Cives nostri, nobisque optimè noti qui itidem, juramento corporali praestito affirmavere ac declaravere; dictam navem hîc suis, non alienis sumptibus, fuisse fabricatam; ad seque solos, ex quo aedificata fuit, semper pertinuisse, & adhuc pertinere: eamque eo itinere in quo capta fuit, Christianae Hammers civi ac incolae civitatis Christianensis in Norvegia, tabularum abiegnarum, quibus ab ipsa onerabatur, Londinum devehendarum gratia, locatam fuisse: atque eo tempore a se vendi potuisse pretio, quinque millium nummum imperialium. Onus autem totum, praeter tabulas septingentas ad Navarchum & Nautas pertinentes, ad eandem Christianam Hammers pertinuisse.  


Carsten Matzen.  
Jens Jebsen.     

Quae omnia ita in hac Curia in pleno Senatu, uti supra scripta sunt, peracta esse, publico hoc instrumento attestamur. Sunderburgi, die quarto Mensis Julii, anno millesimo sexentesimo septuagesimo etrtio.  
Ad mandatum Senatus subscripsi, Christianus Arent Fischer, Jud. Secret. Juratus.    

Report of the Magistrates of Christiania.  

PRaeses, Consul, ac Senatores Civitatis Christianiensis, notum testatumque facimus, oblatum nobis fuisse Rescriptum quoddam Senatus Regni Scotiae, datum vicesimo secundo Mensis Februarii, proximè praeteriti, quo rogati sumus ut testes de capitibus quibusdam controversis, in Actione inter Christianum Matthiae Navarchum navis Palmae Sunderburgensis, & Alexandrum Acheson Praefectum navi bellicae Brussia dictae, coram eodem Senatu pendente, examinaremus; prout dicto Rescripto fuse continetur. Quae in re, ne officio nostro deessemus, ad instantiam actoris, testes infra scriptos in Juducium vocari curavimus, nimirum Claudium Joachimi Schumacherum, Petrum Nicolai seniorem & Bartholum Eliae Cives hujus urbis, virosque fide dignos, atque omni exceptione majores. Qui comparentes, singulique interrogati, juramento Corporali, ab ipsis prestito, affirma●●re & declarav●rei● Dictam Navem a Christina Hammer hinc Londinum, in Anglia, versus, conductam fuisse; menseque Junio, superioris anni, fuisse oneratam tabulis abiegnis & pineis integris, undecies mille octingentis viginti octo, dimidiatis verò sexcentis sexaginta sex, longitudinis a novem vel decem, ad duodecem pedum, latitudinis vero pedis circiter unius; quae omnes pertinuere ad eandem Christinam, preter septingentas quae pertinebant ad Navarchum ipsum, atque nautas; dictamque Christinam Hammer Civem, atque incolam esse hujus urbis, proindeque serenissimi Regis Daniae & Norwegiae, subditam. Causam reddentes scientiae: Quòd praesentes essent dum inter dictam Christinam, atque navarchum de locatione conductionèque navis ageretur. Item, quód scirent tabulas ab ea ad Navem onerandam comparatas fuisse, & viderint eas illius nomine Navi imponi: quòdque eandem Christinam atque maritum ejus, paulò antequam navis conduceretur, fatis defunctum (& qui hinc à longo tempore ejusmodi merces Londinum mittere, tam suo quam me●●●torum Londi ●ensium nomine, erat folitu●) optimè noverint. Existimare autem se, navenm ad 〈◊〉 nomi●●●um Christianum Matthiae navarchum, & joannem Jebsen mercatorem, Cives Sunderburgenses, ●o●qu● sol●s, pertinere; ac semper ex quo aedificata esset, pertinuisse: quod eandem ab illis solis exerceri, ejusdemque ipsos Dominos habitos ac reputatos esse, scirent: Inque fidem horum omnium quae à se juratis dicta sunt, nomina suae ac figilla apposuere.  


Peder Nielsen. elder.  
Claes Jo. Schumacher.  
Berthel Hellesen.     

Comparuit & dicta Christina Hammer, civis nostra, nobisque optimè nota, quae ipsa quoque juramento corporali praestito, affirmavit & declaravit, supradictam navem Palmam Sunderburgensem, mense Junio anni superioris, a Christiano Mathiae navarcho, oneris tabularum abiegnarum & pinearum, Londinum devehendi gratiâ, se conduxisse; eandemque ejusmodi tabulis numero ●ndecies mille octingentarum vinginti octo integrarum, sexcentarumque vero sexaginta octo dimidiatarum, longitudinis a novem vel decem ad duodecim pedum, uniusque vero circiter pedis latitudinis, onerasie: quae omnes, praeter septingentas quae ad navarchum nautasque spectabant, ad ●e propriê pertinuere. Optim è autem sibi navarchum notum esse, ceu cujus operâ aliquoties vir ejus, dum viveret, usus fuerit; eundemque navarchum, & joannem jebsen cives Sunder burgenses, credere se dictae navis Dominos solos esse, quòd ab illis solis sciret aliquandiu exerceri, ipsosque illius exercitores, semper habitos ac reputatos fuisse. Quorum in fidem nomen ac sigillum suum hic apposuit.  
Kirsten Hammer, Relict of Jens Paulsen.   

Quae omnia ita in Senatu nostro, uti supra scripta sunt, peracta esse, publico hoc instrumento, Civitatis nostrae Sigillo munito, attestamur. Christianiaes, dit 12. Augusti, anno millesimo sexcentesimo septuagesimo tertio.  
Locus Sigilli. Christianus Rosingius, Notar. Christ.    

Report from the Lord Major and Aldermen of London.  

TO ALL that shall see these presents, or hear them to be read; and specially to the Lords of Council and Session in Scotland, Sir ROBERT HANSON Knight, Lord Major, and the Aldermen or Senators of the City of London, send Greeting. Know ye, that on the day of the Date hereof, by virtue of the Commission annexed, there appeared, and personally came into the King's majesty's Court holden before us, in the Chamber of the Guildhall of the said City, the several Deponents hereafter named, being Persons well known, and worthy of good faith and credit; who, in answer to the several Queries and Allegations in the said Commission contained, did by their solemn Oath, which they severally took upon the holy Evangelists of Almighty God, before us, then and there solemnly declare, testify and depose for certain and undoubted truth, in manner and form as in their several Depositions underwritten, is at large contained, viz.  
John Shorter of London Merchant, aged forty eight years or thereabouts, sworn and examined by virtue of the said Commission, deposeth and saith upon his corporal oath, That he knoweth Carsten Matsen, Master of the Ship Palmtree; and that he, this Deponent, believeth him to be one of the Owners of the said Ship, and Hans Jebsen to be the other, but the said Hans Jebsen the chiefest. And this Deponent, for reason of his knowledge and belief hereof, saith, that he hath formerly employed the said Carsten Matsen, when that he was Master of the Ship White Lily, and hath continually employed him the said Matsen, to bring Goods for him from Norway in the said Ship Palmtree, from the very first Voyage she made after her being built, until the last Voyage before her being taken and carried into Scotland; and that he this Deponent, hath formerly received Advice by writing from the said Jebsen, importing his concern and propriety in and to the said Ship Palmtree. And this Deponent also saith, that he verily believeth, that at the time of the Capture of the said Ship Palmtree, she was designed, and coming with her Loading of dails to this Port of London; and that her said Loading did, and doth properly and solely belong unto the Widow Christina Hammers of Christiania. And this Deponent, for reason of his belief hereof, saith, that in May, 1672. this Deponent did write unto Jens Paulsen, the Husband of the said Christina, who was then living, that he should endeavour the loading of the said Ship Palmtree with dails, in order to her coming again to this Port of London; and the said Paulsen being dead before that Advice could come to his hand, his Widow the said Christina did accordingly take care, and loaded the said Ship Palmtree with dails, according to the said Order and Advice of this Deponent; and consigned the said Loading of dails unto him this Deponent, to this Port of London, to be here sold and disposed of for her Account, 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 Deponent, may appear. And this Deponent verily believeth, and hath always 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 dails, 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 Palmtree (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-daill● 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 forty 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 Palmtree of Sunderburg, and that the said Carsten Matsen and Hans Jebsen are Owners of the said Ship Palmtree. And for reason of his knowledge of the same, this Deponent saith, That he hath known all the Freights that the said Ship Palmtree and White Lily 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 Account, 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 Palmtree was loaded at Christiania with dails, 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 Account of Christina Hammers of Christiania (except what was the Masters, and Ships company'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 dails 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 dails 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 dails for six pounds the Hundred; and the nine and ten foot dails 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 Palmtree, 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 deceased (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 dails 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 ●ay, upon their corporal Oaths, jointly as followeth, viz. That they very well know Carsten Matsen, Master of the Ship Palmtree of Sunderburg, in the said Commission named, and that the said Ship belongeth and appertaineth to Hans Jebsen and the said Cars●en Matsen, who are both Subjects of the said King of Denmark. And these Deponents say, that in July last passed, in the Voyage in which the said Ship was taken and brought into Scotland, she was designed and intended with her Loading of dails 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 Palmtree was built at Sunderburg aforesaid, for that they saw the said Ship there upon the Stocks, when she was building. And that they, these Depp●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 Moor, Notary public, and Deputy-Register of the High Court of Admiralty of England, aged forty three years or thereabouts, and John Hough Notary public, 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, Fir dails are not nor never were since their remembrance, accounted counterband Goods. Giving for reason of their knowledge, for that he the said Charles Moor 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 sp●●● 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 Fir dails (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 Salva●●r, and several others.  


Charles Moor.  
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 in London, the 22. day of July, anno Dom. 1673. and in the five and twentieth year of the reign of our Sovereign Lord King Charles the second, by the Grace of GOD, of England, Scotland, France and Ireland King, Defender of the Faith, etc.  


Robert Hanson, Major.  
Wagstaff.  
Thomas Bludworth.  
William Turner.  
John Moor.  
John Frederick.  
Richard Ford.  
William Prichard.  
William Peake.  
James Edward's.  
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, etc. 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, etc. Est itaque, etc. De verb● in verbum, as in the Pass granted for the Ship the Palmtree, except the difference of the Date,  
this being dated 18. March, 1672.   

Toll-Schedule.  
In His Royal Majesty's 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 Metbrief bears, of 1041/● lasts, of date at Dramm, 26. April, 1671. arrived here the 14. of this instant, with 9800. Daills, and paid 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.  
Registered, 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 GOD'S 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 Drills, from me and another good Friend, I entreat 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 Money, which for his own Loading, he remained resting to a Friend here; I entreat 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 GOD'S Mercy.  
Christiania. the 23. June, 1672. Your willing Friend, Jens Jenseu.   

Depositions of the Master, and one of the Mariners, before the Admiralty.  

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 dwells 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 dails, to Mr. Pottinger there; and went again from London to Christiania with Bailast. And at Laerwick took a new Loading of dails upon Mr. Pottinger's Account, 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 Corns to Bremen, and by storm of Wether was put up to Amsterdam, and Laurence Kettlestoun there, got the said Corns 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 Money 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 thrown overboard, destroyed, or concealed.  
M. Jo. Stuart.    

Commission of the Lords.  
In actione rescissoria intentata coram Senatu Regni Scotiae, ad instantiam joannis Petri navarchi & anias ex exercitoribus navis Danicae, cui nomen Patientiae Sunderburgensi, tam pro se quam pro caeteris exercitoribus ejusdem navis, ac Ioanne joannis domino mercium quibus oneratae suit, agentis; adversùs Alexandrum Acheson, praefectum navi bellicae, Brussla dictae, ejusque navis exercitores, aliosque quorum interest; ad rescindendam sententiam quandam à suprema Curia Admiralitatis latam, qua dicta navis Patientia Sunderburgensis cum mercibus damnata est, adque restitutionem, etc. as in the Commission for the other Ship, the Palmtree.   

Report of the Magistrates of Sunderburg.  

Nos Consules, ac Senatores Civitatis Sunderburgensis notum testatumque facimus, oblatum nobis fuisse Rescriptum quoddam Senatus Regni Scotiae, datum die vicesimo secundo mensis Februarii, proxime preteriti, quo rogati sumus, ut testes, de capitibus quibusdam controversis, in actione inter joannem Petri navarchum navis Patientiae Sunderburgensis, & Alexandrum Acheson praefectum navi bellicae, Brussia dictae, coram eodem Senatu pendente, examinaremus: prout dicto Rescripto fusè continetur. Qua in re, ne officio nostro deessemus, ad instantiam actoris, testes infra scriptos in Judicium vocari ●●●avim●s: ●imi●um Hermannum Cuhe, joannem Pauli, joannem Kaedt, Hermannum Thormohlen, Nicolaum Nicolai, & Laurentium Josten, cives hujus civitatis, virosque fide dignos, atq●● omni exceptione majores. Qui comparentes, singulique interrogati, juramento corporali ab ipsis 〈◊〉, ●ffi●mavere & declaravere; Dictam navem, in hac civitate fabricatam, ad praenominatum 〈◊〉 Petri, Paulum Petri ejus germanum, joannem Christianum Helm, & Tichonem Ma●●●● mercatores, Laurentiumque Georgii nautam, cives omnes Sunderburgenses, atque joannem Ioan●●●, ac Christianam Hammers, cives Christainienses; eosque solos, nunc pertinere, temporeque quo c●pta est, & in Scotiam abducta, pertinuisse: atque eo tempore, ad ter mille & quingentos nummus imperiales aestimari potuisse. Eosdemque subditos esse serenissimi Regis Daniae & Norw●giae. Ca●sam scientiae itidem sub juramento reddentes, quòd noverint illos cives, indigenas, atque incolas hujus atque Christianiensis civitatis esse; ipsosque, ab eo tempore quo fabricata esi, eandem navem solos instruxisse, atque ab omnibus solos ejusdem Dominos habitos ac reputatos fuisse, & adhuc esse: tantique quum Christiania, Londinum versùs, mense Junio, superioris anni, iter susciperet; ab illis vendi potuisse. Quorum in fidem nomina sua subscripsere atque sigilla consueta apposuere.  


Herman Thor Mohlen.  
Nis Nielsen.  
Laurentz Josten.  
Herman Cuhe.  
Hans Paulsen.  
Jens Kaett.     

Comparuere & ipsi joannes Petri navarchus, joannes Christianus Helm & Tycho Matthiae mercatores, cives nostri nobisque optimé noti, qui itidem juramento corporali praestito; aff●●mavere ac declaravere, Dictam navem ad se ac Laurentium Georgii, & Paulum Petri nautas itidemque cives hujus civitatis; (qui j●m vero hic non in loco, sed respective Londinum ac Galliam versùs quo à serenissimi Regis Daniae & Norwegiae subditis, cum suis navibus conducti sunt, iter suscepere) etiamque ad joannem joannidem, & Christianam Hammers, cives Christianienses, solos pertinere, eamque quo tempore capiebatur, iter Christiania Londinum versùs faciens, à dicto Ioanne Ioannide conducta, à se vendi potuisse pretio trium millium ac quingentorum nummum imperialium. Onus autem totum, tabulis constans abiegnis, praeter mille, ad navarchum & Nautas pertinentes, ad eundem joannem joannidem propriè pertinuisse.  


Hans Petersen.  
Hans Christian Helm.  
Tuge Matsen.     

Quae omnia ita in hac Curia in pleno Senatu uti supra scripta sunt, peracta esse, publico hoc instrumento attestamur. Sunderburgi die quarto mensis Julii, anno millessimo sexcentesimo septuagesimo tertio.  
Ad mandatum Senatus subscripsi Christianus Arent Fischer, Jud. Secret. Juratus.    

Report of the Magistrates of Christiania.  

Praeses Consul ac Senatores Civitatis Christianiensis notum testatumque sacimus, oblatum fuisse nobis rescriptum quoddam senatus Regni Scotiae, datum vicesimo secundo mensis Feberuarii proximè praeteriti, quo rogati sumus, ut testes, de capitibus quibusdam controversis, in actione inter Joannem Petri nvarachum navis Patientiae Sunderburgensis, & Alexandrum Acheson, praesectum navi bellicae Brussia dictae, coram eodem Senatu pendente, examinaremus: prout dicto rescripto fusè continetur. Qua in re, ne officio nostro deessemus, ad instantiam actoris, testes infra scriptos, in judicium vocari cuaravimus: nimirum Petrum Petri Mollerum, Magnum Laurentil, Nicolaum Joannis Grisium, & Christianum Pauli, cives hujus urbis, virosque fide dignos, atque omni exceptione majores. Qui comparentes singulique interrogati, juramento corporali ab ipsis praestito, affirmavere & declaravere, dictam navem a Joanne Joannide hinc Londinum, in Anglia, versùs conductam suisse; menseque Junio superioris anni, fuisse oneratam tabulis abiegnis & pineis integris, octies mille quingentis quadraginta octo, dimidiatis vero quadringentis & sexaginta, longitudinis â novem vel decem ad duodecim pedum, latitudinis vero circiter unius, ad eundem Joannem Joannidem pertinentibus, atque mille integris pertinentibus ad ipsum navarchum ac nautas. Dictum autem Joannem Joannidem civem atque incolam esse hujus urbis, proindeque serenissimi Regis Daniae & Norvegiae subditum. Causam reddentes scientiae, quòd praesentes essent dum inter dictum Joannem atque Navarchum de locatione conductioneque ageretur: item quòd scirent tabulas ab eo ad navem onerandam, fuisse comparatas, & viderint easdem illius nomine imponi navi, quodque eundem Joannem Joannidem optimê noverint eundemque semper Londini, nec usquam alibi negotiatum. Existimare autem se navem ad eundem, Christinamque Hammer, Civem & illam quoque, hujus urbis, item Joannem Christianum senatorem Sunderburgensem, & dictum Navarchum, Paullum Petri, ejus germanum, Tichonem Matthiae, & Laverentium Georgij, Cives Sunderburgenses, eosque solos pertinere, ac eo tempore quo capta est, pertinuisse. Quòd eandem ab illis solis exerceri, ejusdemque ipsos Dominos habitos ac reputatos esse scirent. Inque fidem horum omnium, quae a se juratis dicta sunt, nomina sua ac sigilla hic apposuere.  


Peder Pedersen Moler.  
Nies Hansen Gris.  
Magnus Laurensen.  
Christian Paulsen.     

Comparuere & dicti Joannes Joannides, & Christina Hammer, Cives nostri nobisque optime noti, qui & ipsi quoque juramento corporali praestito, affirmavere & declaravere, praedictam navem ad se, supraque nominatos Cives Sunderburgenses solos pertinere, ac tempore quo caperetur, pertinuisse. Dicto Joanne Joannide insuper affirmante, ac declarante, eandem navem, mense Junio, anni superioris, overis tabularum abiegnarum & pinearum, Londinum devehendi gratiâ, se conduxisse; eamque id genus tabulis, numero octies mille quingentarum quadraginta octo integratum, quadringentarumque, & sexaginta dimidiatarum, longitudinis a novem vel decem ad duodecim pedum, uniusque vero circiter pedis latitudinis, onerasse; quae ad se propriè pertinuere: praeter quas, fuisse ad mille integras, longitudine latitudineque superioribus pares, navi impositas, quae pertinuere ad navarchum, atque noutas. Quorum in fidem nomina sua ac siglla apposuere.  


Jens Jensen.  
Kersten Hammer, Rilect of Jens Paulsen.     

Quae omnia, ita in Senatu nostro, uti suprà scripta sunt, peracta esse, publico hoc instrumento Civitatis nostrae sigillo munito, atestamur. Christianiaes die 12. Augusti, anno millessimo sexcentesimo septuagesemo tertio.  
Christianus Rofingius. Notar. Christ.    

Report of the Lord Major and Aldermen of London.  

TO ALL that shall see these Presents, or hear them to be read, and especially to the Lords of Council and Session of Scotland, Sir ROBERT HANSON Knight, Lord Major, and the Aldermen or Senators of the City of London, send Greeting: Know ye, that on the day of the Date hereof, by virtue of the Commission annexed, there appeared, and personally came into the King's Majesty's Court, holden before us, in the Chamber of the Guildhall of the said City, the several Deponents hereafter named, being Persons well known, and worthy of good Faith and Credit; who, in answer to the several Queries and Allegations in the said Commission contained, did by their solemn Oath, which they severally took upon the holy Evangelists of Almighty God, before us then, and there solemnly declare, testify and depose, for certain and undoubted truth, in manner and form, as in their several Depositions is at large contained, viz.  
Peter Splidt of London Merchant, aged forty nine years, or thereabouts, sworn and examined by virtue of the said Commission, deposeth and saith upon his corporal Oath, That he well knoweth Hans Petersen Master of the Ship Patience of Sunderburg, and that the said Hans Petersen, Tyge Matsen, and Hans Christian, are the Owners of the said Ship Patience, and Inhabitants of Sunderburg aforesaid, and Subjects of the King of Denmark, and of no other Prince or Nation whatsoever. And for reason of his knowledge hereof, this Deponent saith, that he hath known all the Freights, that the said Ship Patience hath brought to this Port of London, for several Years now past. And by the order and appointment of the said Owners, and for their Account, this Deponent hath received the several Sums of Money due for the said Freights, here in London, and afterwards remitted the same to them by Bills of Exchange, for their own proper use. And this Deponent knoweth, That the said Ship Patience was laden with Daills at Christiania, by Jens Jensen Merchant there (a Subject also of the said King of Denmark,) and was bound for this Port of London, and no other Port whatsoever, at the time when she was taken and carried into Scotland, which was in July last. And that the said Loading was for the sole and proper Account of the said Jens Jensen, and configned by him to this Deponent, unto this Port of London, to sell the same here for him (except what was belonging to the Master and Ships Company:) For that this Deponent both before and since the Capture of the said Ship Patience, received several Letters from the said Jens Jensen concerning the same Loading, and consignment thereof unto him to this Port of London, with order to take care of the Sale and Disposal thereof, for his, the said Jensens' Account as aforesaid. And this Deponent further saith, That the said Ships Loading of dails 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 dails, for six Pounds the Hundred; and the nine and ten Foot dails, for five Pounds the Hundred. And that he, this Deponent then sold such Daills for the said Prices, that were of the same Parcel, as those were of loaded in the said Ship Patience at the time of her Capture, which came consigned to this Deponent to this Port of London, in June 1672. in the Ship St. Peter of Sunderburg, John Matzen Master, laden at Christiania aforesaid, by Jens Paulsen deceased, and the aforesaid Jens Jensen. And moreover this Deponent saith, That he never knew or heard, that by the Custom of the Court of the Admiralty of England, Norway dails 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, or thereabouts, and Peter Jebsen Master of the Ship called the St. Peter of Sunderburg, aged twenty two years, or thereabouts, both Inhabitants of Sunderburg aforesaed, but at present in this City of London, and Subjects of the King of Denmark, sworn and examined by virtue of the said Commission, depose and say upon their corporal Oaths, jointly, as followeth, viz. That they very well know Hans Petersen Master of the Ship Patience of Sunderburg, in the said Commission mentioned, and that the said Hans Petersen is a Subject of the King of Denmark, and one of the Owners of the said Ship, and that Hans Christian, Tyge Matsen, Paul Petersen, and Jens Jensen (who are also Subjects of the King of Denmark,) are other of the Owners and Proprietors of the said Ship Patience. And these Deponents say, That in July last passed, in the Voyage in which the said Ship was taken and brought unto Scotland, she was designed and intended with her Loading of dails for the Port of London, and to no other Port whatsoever. And that they these Deponents, certainly know, and solemnly affirm, that the Loading of the Ship when she was taken, did, and doth properly and solely belong and appertain unto the aforesaid Jens Jensen in the said Commission named. And these Deponents also well know, that the said Ship Patience was built at Sunderburg aforesaid, for that they saw the said Ship there upon the Stocks in the time of her building. And that they these Deponents were at Christiania in Norway, when the said Ship was laden; and did therefore know that the said Loading of the said Ship, belonged to the said Jens Jensen, and that the same was designed only to the Port of London as aforesaid.  


Hans Paulsen.  
Peter Jebsen.     

Charles Moor Notary public, and Deputy Register of the High Court of Admiralty of England, aged forty three years, or thereabouts; and John Hough Notary public 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, Fir dails are not, nor never were, since their remembrance, accounted counterbond Goods. Giving for reason of their knowledge, for that he the said Charles Moor, 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 space 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 laden with Fir dails (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 Moor.  
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 Sovereign Lord, King Charles the second, by the Grace of God, of England, Scotland, France and Ireland, Defender of the Faith, etc.  
Locus Sigilli. 

Robert Hanson, Major.  
Wagstaffe,  
Thomas Bludworth.  
William Turner.  
John Moor.  
John Frederick.  
Richard Ford.  
William Prichard.  
William Peake.  
James Edward's.  
Robert Clayton.  
Patience Ward.       

Relating to both Ships.  

Attestation of the Admiralty of Holland, that dails are not Counterband.  

For satisfying, the Petition subjoined, The Petitioner receives this Declaration, That Norway dails 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 Ʋander 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 dails. And in like manner, the Owners of the foresaid Ships and Loading, 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 dails are no ways Commodities of Counterband here in this Country, so as thereupon the said Ships and Loading are to be declared free. Wherefore the Supplicant means himself unto your Noble and Mighty Lordships; submissively entreating, that you would be pleased to grant him a Declaration, That Norway dails are not holden for Counterband Commodities in this Country, which doing, I remain,  
Your Noble and Mighty Lordship's Servant, Bernard Ʋander Linden, in name of the Skippers Carsten Matsen, and Hans Petersen of Sunderburg.    

His Majesty'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 avez 〈◊〉 senté le neufiesme instant;  
Que Sa Majéste est d'accord & 〈…〉 durant la Guerre present, tous les Suiets du Roy de Dennemarc, de quelques Lieux qu'ils en viennent, puissent passer & repasser librement, avec leurs Gents & Navires. Et quant aux Marchandises, qu'ils puissent traffiquer librement, & porter en tous Lieux (excepté dans les Places assiegées) toutes sorts de Bois, de Masts, de Viures, le Lin, le Chanure, le Poix, le Goldron, & toutes sórtes de Marchandises, hormis les Munitions de Guerre, le Canon, & toutes sortes d' Arms, 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, & trowe que cet Escrit est la uraye 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 King's 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 traffic 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 deceased 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 Palmtree 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 days of April, 1674. and of the reign of Our Saveriagn Lord CHARLES, the Second, the twenty s●xtth year. The which Days, in presence of me Notary public undersubscribing, and Witnesses afternamed, compeared Mr. John Jnglis Advocate, as Factor for Carsten Matzen, Master and Partowner of the Ship called the Palmtree of Sunderburg, and Hans Jebsen Merchant in Sunderburg, the other Partowner of the said Ship. And past to the House of William Binning Merchant in Edinburgh, and Residenter in the said Town of Lieth as Partowner of the Frigate 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 Palmtree against the said Captain Acheson and the Owners of the said Frigate, and the said Captain his said Cautioner; for reducing of a Decreet of the Court of Admiralty, 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 Admiralty. 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, etc. and the most Serene and Potent Prince, Christian the fifth, by the grace of GOD King of Denmark, Norway, etc. Concluded at Copenhagen, the eleventh day of July, 1670. and 37. Article thereof; Whereby it is declared, That it should not be lawful, 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 controversy, 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 Palmtree 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 Lord's Interlocutor : and required that the said Ship might be kept in a safe Harbour; within this Kingdom ●nd put in safe Custody, ●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 express 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 liable 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 passed 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, Interlocutor thereupon, and Treaty; and having declared to, and required him, and protested tot●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 Lord's 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, passed 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 likeways, 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 stopped. 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 Lord's 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 Premises, 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, etc. 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 Admiralty, 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 El●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 Witnesses, Gilbert Story Maltman in Lieth, Henry Mader Messenger in Edinburgh, and William Montgomrey Messenger in Edinburgh. Which said Witnesses were all specially called, and required, in manner, and at the times above written.  
Ita est joannes Farquhar Notarius publicus, in praemissis requisitus, testan. meis signo at subscriptione manualibus. Jo. Farquhar.    

The Informations given in for the Strangers, and the Capers, in relation to His majesty's INSTRUCTIONS, whereupon the Interlocutor of the Lords July 23. 1674. proceeds, As the same are insert in the Decreets of the Lords, in the Stranger's favour, pronounced, Feb. 25. 1674. but not extraced till the 30. July 1680.  

Information for the STRANGERS.  
IN the Reduction of the Decreets of Adjudication of the said Ships, the Palmtree and Patience, the pretended grounds of Adjudication, being coincident as to both; the Lords, by their Interlocutor, Feb. 22. 1672. allowed the Pursuers to prove the Propency of the Ships, and Goods, and Value. And likewise to prove the Daills that were their Loading, were not Counter-band by the Custom of the Admiralities of England and Holland. And allowed the Defenders to prove the contrary.  
After which Interlocutor, there was a Bill given in by the Defenders, pretending, that by His Majesty's Instructions, it was declared; That the having or using of false, or double Doctuments or co●●e●ling of Papers, was a just ground of Confiscation. And that it was proved, and acknowledged by the Skippers that there were concealed Papers the Skipper of the Palmtree, having denied, that he had any charter-party, which notwithstanding was concealed, a Shipboard; and the Skipper of the Patlentia, having declared, that he had no Papery concealed, except a Charter party, and missive Letter. And thereupon craving, That the Ships, and Goods might be declared lawful Prize upon that ground. Notwithstanding whereof the Lords adhered to their former Interlocutor: but declared that they would consider the same, the ●●me of the advising the Reports.  
There was then Reports made upon the said Commission, whereby the points of the Interlocutor were fully cleared and proven, viz. That the Property of the Ships and Goods did belong to the Subjects of the King of Denmark and the Value was likewise proven, and the Customs of England and Holland, That dails were not Counterband.  
It being alleged, That notwithstanding, the Ships and Goods must be declared lawful Prize upon the Pretences contained in the Bill, viz. That the Skippers acknowledge by their Depositions that there were Papers concealed.  
It was answered, The Pretences are of no weight: and it were indeed a Preparative, the like whereof did never escape the Public Justice of any Nation, upon such impertinent and frivolous Conceits, to deprive his Majesty's Allies of their Ships, and Goods, after so clear and full and undeniable a Probation of the Property, as is here proven at three several Places, vix. Sunderburg in Denmark, Christiania in Norway, and at London. So that it is impossible any scruple can remain, but that the Property of the Ships and Goods did truly belong to the Subjects of the King of Denmark; and were as truly designed for the Port of London, as is clear by the same Probation.  
And as to what was urged upon the concealing of Papers, albeit there had been Papers concealed, His majesty's Instructions could be here no ground of Confiscation. 1. Because his majesty's Instructions were long after the Capture, and could not be extended quoad praeterita. 2. By the 24. Article of the Danish Treaty, which is lex bell, it is provided, that Justice and Equity should be administered to the Subjects of either Crown, according to the Statutes and Lows of either Country: and therefore no such private Instruction could prejudge the Pursuers contrary to the Treaty.  
But here the Pretence of concealing Papers was frivolous. For. 1. when the Ships were taken, the Skippers did produce to the Captain of the Privateer certain Papers, and cold him that they had those which were pretended to be concealed a Shipboard; and desired liberty to bring the same: which he refused, and insolently told them, That they behoved to go to Scotland, what ever Papers they had aboard, for they did not know what GREAT OWNERS be had. And withal then said, that they might then produce their Papers when they were in Scotland. 2. When they were brought to Scotland, the Skippers before the Admiral, declared, That they had the said Papers a Shipboard, and were allowed to go a Shipboard and fetch them; and did go in company of the Privateer. And as one of the Skippers was taking out of one part of the Ship one Paper, the Captain of the Privateer, or some of his Officers did fall upon the other, not having the patience, till the Skipper took it out himself. And if that be a pretty Concealment, the Lords wre desired to judge. 3. What imaginable reason could there be, for any such fraudulent Concealment, as to Scots or English Capers; the Papers alleged to be concaled being Documents of the Ships Freedom, and that the Port designed was London: the Papers being Freight-brieffs, and missive Letters, dicreet to Mr. Shorter, and Mr. Splide at London. 4. The Clause in His Majtstie's Instructions can only be understood in such a case, when Writs are abstracted and concealed, and whereof the tenor does not appear, and so in dubio are presumed for the condemnation of the Ship, or if found, do make out the same. But what is that to the purpose here? For, primo, The Deposition of the Skipper of the Ship called the Patientia, bears, That he had no Papers concealed, but a Charter party, and a missive Letter, e●go he having declared the same, it was no Concealment. And the sense of the Deposition is singly this; That he had them a Shipboard, and which he had hid upon the account of the Holland Capers, these clearing that the Port designed was London, and which did not appear from any of the Documents not concealed. Secundo. The Skippers deposition of the Palm-Treee, bears only a Denial, that he had any Charter-parry: but he acknowledged that he had a Brieff, which is wronguously translated to be a Letter; although it is true that he had such a missive Letter. And Brieffs in the general comprehend all Papers. And the Paper found a Ship-aboard, was not a Charter-party, (which is a Contract subscribed by two, viz. the Skipper and the Freighter) but only a simple Obligement for payment of the Freight: so that this was no Concealment. And this was likewise hid for fear of Dutch Capers; and it is against sense, to pretend the contrary. And it were a rare piece of Justice to condemn Ships upon those Papers, which are the Documents of their freedom. And there was 〈◊〉 he Case of any Ships, where there was so clear a Probation, adduced, as to all P●●●●● 〈…〉 ●mission. And Capers should be ashamed to grasp after the Ships and Goods of 〈…〉 ●es, and to make use of Pretences for that effect, which are absurd and ridiculous. And 〈…〉, the Pursuers oppone the Reports, and the Probation adduced, which may co●●●●ce any 〈◊〉, that has a regard to Justice, that these Ships and Loading are altogether 〈◊〉.  
And as to that Quality of the 〈◊〉, bearing. That if dails were proven counterband by the Customs of England or Holland, it should be a ground of Confiscation; albeit the Ships and Goods were proven to belong to free-m●n; in respect the Freight-Briefs are arbitrary, as to the Port.  
It was answered, 1. That it was absurd to pretend, that the Freight-Briefs are arbitrary, as to the Port, the Port of London being the true designed Port, and Holland only mentioned in the case of contingency, in case the Ships should be brought up thither. 2. By the Probation adduced, London is positively proven to have been the intended Port. 3. The Capers have not at all proven, that by the Custom of the Admiralties of England or Holland, Daills are counterband; but on the contrary, it is proven by the Custom of the said Admiralties, that Daills ●re not counterband. 4. By an Extract under the hand of Secretary Coventry, of His Majesty's Declaration in favour of the Danes, it is evident, that no Goods are counterband as to the Danes, exexcept Ammunition and warlike Instruments, and Victual carried to places besieged. So that albeit these Ships had been absolutely designed to Amsterdam, and that dails, by the Custom of those Admiralties, were counterband, neither of which is true; yet, by virtue of the said Declaration, dails are not counterband to the Danes. In respect of all which, there is not the least colour or pretence of Law, why the Decreets of Adjudication of these Ships should not be reduced, and the Ships and Goods restored, or the Value, as it is proven cum omni causa.   

Information for the Capers.  
And it being informed by the said Defenders and their Procurators, That in the Reduction of the Decreets of Adjudication of the foresaid Ships, pursued at the instance of the said Skippers, against the said Captain and his Owners; Amongst several grounds of Adjudication insisted upon, which are the grounds of the said Decreets, such as the informality of the Passes, and that there was no special Port designed: the principal ground was, That albeit the Skippers pretended, that the Ships and Goods belonged to Subjects of Denmark, and that the Goods were going to England, and were to be consigned to Merchants there; and that the Skippers being examined, concerning the having of any other Papers, but the Passes produced; They declared upon Oath, they had none, but each of them a missive Letter directed to their correspondents in England: And particularly, being examined if they had any Charterparties, they did expressly depone, That they had no Charterparties. And yet, when they had taken out their missive Letters, in a secret place upon one side of the Ship, affirming, they had no more; yet upon the other side of both Ships, a secret place was discovered, in which there was concealed Freight Briefs for each of the Ships, by which the Freighters did condition to pay to the Skippers of the respective Ships, each particular Freight upon safe Delivery of the Goods in Holland. From which it was Inferred the time of the Debate, That the Passes being general, and not condescending upon the Port, albeit missive Letters were directed to Persons at London; yet it was but a Contrivance, and which was clearly convelled by the Freight-Briefs, which conditioned a Freight for Holland. And albeit it was pretended by the Strangers, that these Freight-Briefs did condition a Freight both to England and Holland, and only to Holland, in case they were taken up against their will, and that the Goods were safe delivered; yet, so pregnant were the grounds of prevarication and contrivance, that the Lords upon that Debate, considering, that the Skippers did swear, that they had no other Papers; they notwithstanding of their Oaths, found the Freight-Briefs to be concealed, and the grounds insisted upon, to be a sufficient presumptive Probation of a Contrivance: but yet found, that there was place for a positive contrary Probation, by Writ and Witnesses above exception, of the freedom of the Ships and Goods, and gave Commission for that effect.  
The sold Lords would be pleased to consider, That long after this Debate, His majesty's Instractions which were not then known to the Defenders in the Reduction, were sent to their Lordships: by which, it was most evident and clear, that the having of double Documents, or concealing of any Documents was per se, a sufficient ground of confiscation of Ships and Goods; Whereupon, if the Defenders had insisted, undoubtedly the Lords would have assoiled them. And therefore, seeing the Lords, even before knowledge of His majesty's Instructions, found the Presumptions of Prevarication and Concealment so strong, as appears by the Interlocutor, and albeit then, a contrary positive Probation of freedom was admitted; yet now the Defenders do found upon these emergent Instructions; and allege, That esto argumenti causa, the Ships and Goods were free, which truly they are not, what ever be reported by Commissions, (wherein great Art and Prevarication is used) yet these matterial Papers being expressly concealed, and that upon Oath of the Skippers, swearing they had no such Papers: The very Concealment by the Instructions, is a sufficient ground of Confiscation, whether the Ships and Goods be free or not, and cannot admit of a contrary Probation. And therefore, it was hoped the said Lords would then advise the Reduction, conform to the Instructions, without any regard to what hath been done upon the Commissions; Whereby in Justice the Adjudications must be sustained: or otherwise in case any scruple remained with their Lordships, they would allow the Parties Procurators a Hearing thereanent. Especially, seeing upon a Bill lately given in by the Defenders, the said Lords declared, They would hear them upon the Instructions.  
Which Informations above written being upon the 24. July, 1674. considered by the Lords, together with His majesty's Instructions, especially that Article thereof concerning double and concealed Documents; THE SAID LORDS, Notwithstanding thereof, adhered to their former Interlocutor and Decreet, in reducing the foresaid Decreets of Adjudication obtained before the Admiral; in regard of the foresaid Probation, that the Ships and Goods belonged to the King's Allies and Freemen.