Cornell University Library 
 JX5231.P91 
 
 Law of contraband of wanwith a selectio 
 
 3 1924 017 614 607 
 
The original of tiiis book is in 
 the Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/details/cu31924017614607 
 
LAW 
 
 c® 
 
 CONTMBAND OF WAR: 
 
 A SELECTION OF CASES FROM THE 
 PAPERS OF THE RIGHT HON. SIR GEO. LEE, LL.D. 
 
 FOEMEKLT DEAN OP IHE ARCHES, ETC. ETC. ETC. 
 
 $n ^ipnH^, 
 
 CONTAINING EXTKAOTS FROM TREATIES, MISCELLANEOUS PAPERS, 
 AND FORMS OP PROCEEDINGS. 
 
 WITH THE CASES TO THJS PBESENT TIME. 
 
 FEBDERIC THOMAS PEATT, D.C.L. 
 
 ADVOCATE AT UOCTORS' COMMONS. 
 
 LONDON: 
 WILLIAM G. BENNING & CO. 43. FLEET STREET, 
 
 I.AW BOOKSELLEBS AND FUBUSHEHS. 
 1856. 
 
Ij3 s^s-ysr 
 
 London : 
 
 Printed by Spottiswoode & Co. 
 
 New-Street-Square. 
 

 1941 y J 
 
 TO 
 
 JOHN LEE, LL.D. F.R.S. 
 
 &c. &c &c. 
 
 OF THE COLLEGE OF ADTOCATES, DOCIOES' COMMONS, 
 AND HAETWELL HOUSE, BUCKS, 
 
 %\t fallMu^ |agfs, 
 
 DEHIVING THEIR PKIKCIPAL VALUE FROM THE PAPBES OT HIS 
 DISTINGUISHED AND LEARNED ANCESTOR, 
 
 BT HIS OBLIGED AND FAITHFUL FRIEND, 
 
 FEEDEEIC THOMAS PEATT. 
 
PREFACE. 
 
 Ddeing one of the many Tislts I have had the pleasure 
 of paying to my friend Br. Lee, at Hartwell, the former 
 residence of his distinguished relative SiE George Lee, 
 so well known as an eminent Advocate and Judge in the 
 Courts of Civil Law, and particularly from the part he 
 took in framing the celebrated Answer to the Memorial ' 
 
 ' The following is a brief state- 
 ment of the circumstances con- 
 nected 'with this memorial : — 
 
 In the year 1738 the snm of 
 250,000?. had heen horrowed by 
 the Emperor Charles VI. of English 
 subjects, and certain mines in Si- 
 lesia mortgaged for its repayment. 
 
 By the treaty of Breslau, in 
 1742, the Queen of Hungary, then 
 Empress, ceded the province of Si- 
 lesia, including these mines, to the 
 King of Prussia, who made himself 
 responsible for the repayment of 
 the loan. 
 
 In the war which about this time 
 was declared by this country against 
 France and Spain, several vessels 
 belonging to the subjects of Prussia, 
 then a neutral power, had been 
 seized by English privateers, and 
 brought in as prize, on the ground 
 of their being engaged in con- 
 veying contraband goods to the 
 enemy. 
 
 For these seizures satisfaction 
 was demanded by the King of Prus- 
 sia, who, on failure of obtaining it, 
 
 took possession of the money des- 
 tined for the repayment of the Si- 
 lesian loan. 
 
 On his part a representation was 
 made by M. Michell, the Prussian 
 Minister, at the Court of London, 
 justifying the proceedings of his 
 own government, upon the ground 
 that the seizures of the Prussian 
 vessels had been made contrary to 
 all principles of international law. 
 
 The Memorial alluded to in the 
 text was the triumphant reply of 
 the English Government to this 
 representation, and was generally 
 supposed to have been the joint 
 composition of Sir George Lee and 
 Mr. Murray, afterwards Earl of 
 Mansfield. 
 
 The dispute between the two go- 
 vernments was ultimately arranged 
 by mutual concessions on both sides. 
 On the part of Great Britain the 
 following declaration in Council was 
 made with reference to it : — 
 
 " In order to put an end to the 
 disputes which have arisen between 
 their Britannic and Prussian Ma- 
 
 A 3 
 
VI PREFACE. 
 
 of the King of Prussia, my attention was directed to a 
 large and valuable collection of papers in the hand- 
 writing of Sib Geoege himself, and relating chiefly to 
 the Court of Admiralty. 
 
 Upon examination I found the collection to consisst 
 principally of copies of opinions, which he had given on 
 cases submitted to him in the course of his practice, to- 
 gether with very full and copious notes of causes argued 
 in that Court; in most of which he had himself been 
 engaged as Counsel, but in some he appeared to have been 
 only present in attendance upon the Court. 
 
 Amongst them was found the case referred to upon two 
 occasions by Lord Stowell as the memorable and famous 
 case of the Med GudCs Hielpe (mde p. 191.), but of which 
 no report has hitherto been published.* 
 
 With his usual liberality, Dk. Lee kindly placed at 
 my disposal the use of these documents, expressing a wish 
 
 jesties, it is declared tiat upon Kis On the part of the Prussian Go- 
 Prussian Majesty taking off the at- vernment M. Michell, on the 15tli 
 tachment put upon the SUesian debt, June, 1756, communicated to the 
 and causing to be paid to his Britan- Earl of Holdemess that part of the 
 nic Majesty's subjects what remains money for the repayment of the loan 
 due to them thereon, according to had been already lodged in the 
 the original contract, as well interest Bank of England, and the remain- 
 as principal, H. B. Majesty does der of both principal and interest 
 promise and engage on his part to would be paid in a few days, 
 cause to be paid to H. P. Majesty * This was the case of a ship be- 
 the sum of 20,000?. sterling, for ex- longing to subjects of Sweden, with 
 tinguishing all and every claim from a cargo of pitch and tar, the produce 
 bis said Majesty, or his subjects, of that country, bound to a port of 
 upon H. B. Majesty under any pre- the enemy. The Court of Admi- 
 tence whatever, ralty, on the ground of contraband, 
 " Done at Westminster, the 16th condemned both ship and cargo ; a 
 day of January, in the year of our sentence which was affirmed on 
 Lord 1756. appeal. Since that decision it has 
 " L, S. Hardwicke, Cr. been arranged by treaty betweeU 
 " Granville, Pr. the two Countries that such articles 
 " HoLLES NbwcabtLe. shall be only subject to rigfit of 
 " HoLDEBNESs. pre-emption. — Nepturais, 6 Rob. 
 " H. Fox." 405. 
 
PREFACE. VU 
 
 that by publication they might be rendered more exten- 
 sively useful. 
 
 The Profession is already indebted to a late distin- 
 guished Advocate at Doctors' Commons, and Professor 
 of Civil Law in the University of Oxford, for a valuable 
 accession to the knowledge of ecclesiastical and testa- 
 mentary law by the publication of a collection of cases 
 relating to those branches, selected from other papers of 
 Sir George Lee. 
 
 In the Memoir attached to those cases he has noticed 
 the extraordinary care and diligence exhibited in the note- 
 books now remaining in the Library at Hartwell. 
 
 The papers from which the present selection is made 
 afford many additional proofs of the justness of that ob- 
 servation, and show that the learning, application, and 
 industry of SiR George in the other branch of his pro- 
 fession were no less extraordinary. Amongst these are 
 also found not unfrequently traces of the independent and 
 liberal spirit of the writer.' 
 
 Much time has been occupied in a careful classification 
 and arrangement of the papers, which were naturally 
 collected together according to the period, and in the 
 manner, in which they were originally written. 
 
 The present selection is composed of those relating to 
 Contraband of War ; a subject which, at the time when 
 the papers came into my possession, was becoming one of 
 increasing interest, and must ever remain one of primary 
 importance. 
 
 It is my intention to prepare for publication further 
 selections from these papers, embracing most of the sub- 
 
 ' See note at end of Preface. 
 
 A 4- 
 
VIU PREFACE. 
 
 jects which occupy the attention of the Admiralty Court 
 as a Court of I*rize during a time of war. 
 
 It may perhaps occasion some surprise that, under the 
 altered circumstances of the times, it should be considered 
 advisable to publish matters which, it is to be hoped, 
 have for some time lost their interest. Independent, how- 
 ever, of the circumstances, that almost all the preparations 
 have been already made, the opportunity of preserving 
 from possible loss the valuable information contained in 
 these papers, and which is not to be met with in any 
 other quarter, appeared of too much importance not to 
 be made use of, particularly as it is a source of much 
 regret to the members of the Profession that so few re- 
 cords of the earlier proceedings of the Court at Doctors' 
 Commons are known to exist. 
 
 To H. C. ROTHEET, Esq., the Eegistrar of the High 
 Court of Admiralty, my beet acknowledgments are due 
 for the ready access he has always so kindly afforded to 
 me to all documents and records, deposited under his cus- 
 tody in the Registry of that Court ; and no less so to T. D. 
 Hakdt, Esq., of the Record Office in the Tower, for the 
 facilities afforded me in examining the earlier books of the 
 Admiralty Court now deposited there. 
 
 I have at all times received the most obliging attention 
 from the latter gentleman and those acting under him. I 
 have, however, to regret that the difficulty of devoting suf- 
 ficient time to such researches, at a distance from the spot 
 where other engagements necessarily detained me during 
 those hours of the day when these offices are accessible, has 
 prevented me availing myself in the manner I could have 
 desired of the advantages placed at my disposal, and must 
 plead my excuse should the result of my inquiries not 
 prove so accurate oi extensive as might be wished. 
 
PREFACE. 
 
 IX 
 
 The importance attached to the proceedings of the 
 Court of Admiralty is now daily increasing ; everything, 
 therefore, connected with them becomes of interest, par- 
 ticularly those earlier records by means of which its gradual 
 history and progress might be traced. 
 
 These considerations prompt me to express a wish that 
 it may not be long ere all the records of that Court may 
 be collected from every quarter into the Registry of the 
 Court itself; as a repository which, from its vicinity to 
 those who are most likely to avail themselves of the op- 
 portunity of examining them, may thus afford a reasonable 
 expectation of their being rendered of more extensive 
 utility. 
 
 F. T. P. 
 
 Doctors' Commons, 
 
 March, 1856. 
 
 Upon one occasion Sir George 
 appears to have been consulted on a 
 case submitted to him, on the part of 
 the captors of some neutral property 
 brought in as prize, and that more 
 than one attempt was made to obtain 
 from him an opinion more con- 
 sonant to the wishes of his client 
 than he felt justified by the cir- 
 cumstances of the case in forming. 
 His final reply is in the following 
 terms : — 
 
 "I do not know what to say 
 more than I haye already said in 
 my two former opinions ; upon con- 
 sidering the case a third time, I see 
 no reason to change my sentiment ; 
 and where I do not see reason to 
 vary I will not alter my opinion to 
 gratify the inclination of any client 
 whatever. I am still of opinion the 
 
 goods in Nos. 44. and 60. ought not 
 to be condemned, and consequently I 
 cannot advise to insist on condemn- 
 ing them, and putting parties to an 
 additional expense in bringing that 
 matter before the Court. As to the 
 affidavits to Nos. 5. and 64., I think 
 they are not full ; but as there is> 
 even from these affidavits, a great 
 probability that those goods are 
 neutral property, I am persuaded 
 the Court will not directly condemn 
 them ; but will, in justice, aUow the 
 claimers further time to give more 
 satisfactory affidavits, which it is 
 very likely they will do, and then 
 the goods will be restored ; and 
 therefore, if it was my own case, I 
 would not insist on a fuller proof of 
 these two articles ; but I wish, since 
 the owners are not satisfied with my 
 
PREFACE. 
 
 opinioDi. that other- Counsel' were 
 consulted. 
 
 " Geo. Lee. 
 " Oct.l. 1747." 
 
 Upon another occasion, -when he 
 had heen consulted by one of the 
 bishops, and his Lordship, after 
 having canvassed the matter -with 
 another member of the episcopal 
 bench, requested his answer in 
 writing to the objections •which the 
 latter had taken to the opinion of 
 Sir George, the independence of the 
 Advocate was asserted in a letter, 
 of which the following is a copy : — 
 
 " Mt Lord, 
 " I am sorry I was not at home 
 when your Lordship did me the 
 honour to call at my house. I have 
 perused the papers you were pleased 
 to send me, which I herewith re- 
 turn. I have great deference for the 
 opinion of the Bishop of Salisbury, 
 but see no reason to change my 
 own. My clients are entirely at 
 liberty to follow my opinion or not, 
 as they judge proper. It is not my 
 practice to enter into disputes con- 
 cerning any opinion I have given, 
 nor have I time to do it. 
 " I am, my Lord, 
 
 Nor ought the following instances 
 of the honourable and liberal spirit 
 in which he followed the practice 
 of his profession to pass unnoticed. 
 
 In his note book of fees received 
 during the last year of his practice, 
 there are the following entries : — 
 
 "1751. Admiralty, June 3rd'. 
 The Santa Catharina. Fee for 
 sentence. Collins, Proctor for the 
 East India Company, the claimants, 
 2U" 
 
 A subsequent entry is as fol- 
 lows : — 
 
 " Dec. 17. I received my nomi- 
 nation as Dean of the Arches." 
 
 And immediately afterwards — 
 
 s. d. 
 
 Fees returned - - - 6 6 
 
 Returned more - - - 4 4 
 
 Returned more fees, Dec. 23 8 8 " 
 
 And the last memorandum to the 
 following effect; — 
 
 "Feb. 22. 1752. Returned to 
 Mr. Collins a fee received the 3rd 
 June last, for the India Company, 
 in the cause of the Santa Catharina, 
 2U" 
 
CONTENTS. 
 
 LAW OF CONTRABAND. 
 
 Cases relating to Contraband 
 
 extracted 
 
 from, Papers of Sir Georgi 
 
 ' Lee. 
 
 
 
 Page 
 
 Anna Galley - 
 
 - 
 
 1 
 
 Brigitta Catrina 
 
 - 
 
 - 153 
 
 De Daagaraad 
 
 - 
 
 163 
 
 „ Eendraght 
 
 - 
 
 - 123 
 
 „ Jonge Tobias 
 
 - 
 
 - 187 
 
 „ Jumfro Sarah 
 
 - 
 
 - 100 
 
 „ Klein David 
 
 - 
 
 - 170 
 
 „ Maria 
 
 - 
 
 - 133 
 
 „ Printz Christian 
 
 - 
 
 - 147 
 
 „ Providentia 
 
 - 
 
 94. 144 
 
 „ Tweelinge 
 
 - 
 
 - 105 
 
 „ Vergulde Put 
 
 - 
 
 - 149 
 
 „ Vlught naa (Egypten 
 
 - 
 
 - 125 
 
 „ Vrow Anna Maria 
 
 - 
 
 - 119 
 
 „ Vrow Alida 
 
 - 
 
 - 156 
 
 „ Wilhelmina Catherina 
 
 - 
 
 - 180 
 
 Ebenezer 
 
 - 
 
 - 136 
 
 Elizabeth Catherina 
 
 - 
 
 - 115 
 
 Fortune de la Mer - 
 
 - 
 
 - S3 
 
 Fredericus 2dus 
 
 - 
 
 - 109 
 
 Hewa ... 
 
 - 
 
 - 62 
 
 Juffrow Susannah 
 
 - 
 
 - 67 
 
 Le Mars 
 
 - 
 
 - 141 
 
 Louisa - ~ - 
 
 - 
 
 - 61 
 
 Louissa - - - 
 
 . 
 
 - 49 
 
 Margaretta Elizabeth 
 
 - 
 
 - 160 
 
 Marlborough - 
 
 - 
 
 - 24 
 
 Med Guds Hielpe - 
 
 - 
 
 - 191 
 
 Nostra Seignora de Pentha 
 
 " 90 
 
 Princessa de Brazils 
 
 . 
 
 Page 
 - 129 
 
 Providence 
 
 . 
 
 - 75 
 
 Santa Boa Ventura - 
 
 . 
 
 - 137 
 
 St. Erick 
 
 . 
 
 - 85 
 
 St. Johannes - 
 
 . 
 
 - 166 
 
 St. Nicholas of Gottenburgh 
 T'Slots Copenhagen 
 Young Andreas 
 
 - 57 
 
 - 40 
 
 - 99 
 
 Treaties. — Extracts relating 
 
 to Con- 
 
 traband. 
 
 
 
 Miscellaneous Extracts, principally from 
 the Papers of Sir Nathaniel Lloyd. 
 
 Rules of Admiralty Court, Feb. 22. 
 1664., May 22. l672. 
 
 Positions thereon of Sir Rob. Wiseman. 
 
 Instructions to Privateers as to Contra- 
 band, 174f, 1780. 
 
 Orders of Commissioners of Prizes.^"" i 
 
 Just Cause of Seizure, note on. 
 
 Instructions to Privateers, l693, 1704, 
 1705. 
 
 Forms of Proceedings. 
 
 AflSdavit on bringing in Ship's Papers. 
 „ as to Papers, Seizure in Port. 
 „ „ none found. 
 
 „ „ bringing in Papers not 
 
 found on board. 
 
Xll 
 
 CONTENTS. 
 
 Affidavit as to Seizure in Enemy's Port 
 
 — no Papers on board (p. 282.). 
 Monition and Returns on Part of Captors. 
 „ „ (Droits of Admiralty). 
 
 „ „ on Part of Claimant. 
 
 Claim and Affidavit for Part of Cargo. 
 „ „ for Ship by Maste 
 
 and Owner. 
 „ „ by Owner. 
 
 „ „ for Ship and Cargo 
 
 by Agent. 
 Commission of Survey. 
 Return of commissioners. 
 Affidavit — nature of Cargo. 
 „ perishable Condition. 
 
 Decree of Restitution. 
 „ Condemnation. 
 
 Appeal. 
 
 Instrument of Appeal. 
 
 Petition of Appeal. 
 
 Inhibition and Citation. 
 
 Libel of Appeal. 
 
 Desertion of Appeal, Exemplication of. 
 
 Decree reversing Sentence. 
 
 „ affirming Sentence andremitting 
 Cause. 
 Bill of sale by Marshal. 
 
 INDEX. 
 
CASES CITED. 
 
 Anna Catherina, 89, 204. 
 
 AppUo, xxvi. (4 Rob. 163.), 40,41. 49. 
 
 Araminta (Stew. 47.), 82. 
 
 Arms of Copenhagen, 45. 
 
 Arms of Plymouth, 193. 198. 204. 
 
 Bergstadt, 195. 
 Boucher v. Lawson, 82. 
 Brutus, xxii. 
 Bunten Cra, 140. 
 
 Caroline, iv. 
 
 Castle Royal of Altona, 118, 
 
 Catherine, 16. 
 
 Chandois, 83. 
 
 Charles, 55. 59. 71. 
 
 Charlotte (5 Rob. 311.), 38. 40. 49 
 
 Charlotte. 
 
 Christianberg (6 Rob. 381.), 152. 
 
 Christina Margaretta, 146. 192. 202. 
 
 Christina Maria (.4 Rob. 166.). 
 
 City of Warsaw, 118. 
 
 Concordia, 146. 196. 
 
 Daageraad; 169, 170. 
 De Hoop (Stew. 566.), 59. 
 De Pentha de Franca, 132. 
 De Twee Traveus, 149. 
 
 Eenrom, xlv. 
 
 Einighcden (1 Rob. 324.), 59. 67. 
 
 Elizabeth, 107.146. 
 
 Endraght, 107. 159. 162. 189, 190. 
 
 Euphemia Endraght (1 Rob. 22.), 40. 
 
 (Stew.) 
 Evert, xxvii. (4. Rob. 355.), 41. 49. 
 
 Floreat Commercium. 
 Fortune, 118. 203. 
 
 Fortune de la Mer, 40. 70. 73. 155. 
 Franklin (3 Rob. 219.), 49. 104. 
 Frau Margareta (6 Rob. 92.), 93. 
 Fredericus Secundus, 107, I2X- 
 
 Gebroeders, 112. 
 Gute Gesellschaft. 
 
 Haabet, xxviii. (2 Rob. 182.), 93. 
 Henrica Jacob, 5. 
 Hewa, 60. 73. 
 Humility. 
 
 Imina, xrii. (3 Rob. 168.), 40. 82. 152. 
 Immauuel, xx. 
 
 Jacob, 146. 179. 185. 
 
 Jonge Margaretha (1 Rob. 193.), 49. 74. 
 
 93. 104. 163. 166. 
 Jonge Tobias, xxi. 143, 144. 
 Juffrow Anna, 37. 203. 
 Juffrow Magdalena, 163. 
 Juffrow Wobetha. 
 Juno (2 Rob. 122.), 161. 
 
 La Vierge Marie, 38. 43. 45. 
 
 Leucade (Eccl. & Adm. Rep. 228.), 179. 
 
 Lisette (6 Rob. 390. n.), 82. 
 
 Louisa, 111. 
 
 Lucy, xxviii. 
 
 Magnus (1 Rob. 31.), 74. 
 Margaretha Elizabeth, 175. 
 Margaretha Magdelina, xxiii. 
 Maria (1 Rob. 373.), 48. 60. 191. 
 Marie, 47, 59. 
 Maria Elizabeth, 175. 
 Marlborough, 5. 
 Med Gud's Hielpe, 60. 65. 
 
XIV 
 
 CASES CITED. 
 
 Merourius ( 1 Bob. 86.), 74. 
 
 MiDerva, xxviii. 
 
 Mors V. Slue (1 Ventr. 190.), 84. 
 
 Neptunus (6 Rob. 407.), 49. 60. 
 Neutralitet (3Rob. 297.), 49. 104. 
 North Star, 47. 60. 71, 72. 
 Nostra Signora de Begona. 
 Nostra Signore de Pentha, 112. 
 
 Orozembo, Iviii. 
 
 Oster Risoer, xIt. 
 
 Ostsee (2 Eccl. & Adm. Rep. 170.>, 179. 
 
 Postilion of Bordeaux, 38, 39. 73. 
 Providentia, 179. 
 Pyed Crow, 140. 
 
 Ranger (6 Rob. 125.1, 93. 104. 
 Eichmond xxi. (.5 Rob. 328.), 60. 93. 
 Ringende Jacob (1 Rob. 90.), 49. 
 
 St. Anna, 194. 
 
 St. Anthony, 9, 10. 
 
 St. Antonia, 55. 
 
 St. Jacob, 203. 
 
 St. Peter of Stockholm, 196. 
 
 Santa Boa Ventura, 190. 
 
 Santa Rosa, 152. 
 
 Sarah Christina (1 Rob. 238.), 49. 
 
 Sladen, 194. 
 
 Sowton's Case, 65. 
 
 Staadt Embdeu (1 Rob. 26.), 49. 60. 74. 
 
 191. 
 Success (Stew. 79.), 82. 
 
 Town of Rotterdam, 196. 
 
 T'Slots Copenhagen, 73. 
 
 Twee Juffrouwen (4 Rob. 243.), 49. 60. 
 
 Twende Brodre,40. 48,49, 50. 54. 67. 137. 
 
 Trendre Sostre, xix. 
 
 Unity, 45. 
 
 United States (Stew. 117.), 82. 
 
 Vierge Marie, 46, 47, 48. 70. 73. 
 Vine Grape, 71. 
 Vlught naa (Egypten, 132. 
 Vrow Anna Maria, 117, 118. 
 
 Warsaw Arms, 204. 
 
 Young Johannes, 92. 1 12. 
 
 Zelden Bust, xviL (6 Rob. 94.), 32. 93. 
 
 Bynkershoek, 45, 46. 193. 201. 
 
 Gronovius, 202. 
 
 Grotius, 201. 
 
 Heineccius, 176. 
 
 Jenkins, Sir L., 65. 114. 195. 
 
 Loccenius, 45. 65. 
 Meraoire Justificatif, 5. 
 Robinson, Coll. Marit, 32. 197. 
 Zouch, 38. 45. 65. 
 
ON THE SUBJECT OF CONTRABAND 
 
 THE FOLLOWING ARE THE PKINCIPAL AUTHORITIES 
 TO BE CONSULTED. 
 
 Geotius, De Jur. Belli ac Pacis. 
 PuFFENDORFF, De Jure Nat. et Gentium. 
 B TNKERSHOEK, Questiones Juris Publici. 
 Wheaton on International Law. 
 
 „ on Capture. 
 Kent's Commentaries. 
 Deane on War. 
 Wildman's International Law. 
 
 De PiSTArE ET DuvEEDT, Traite des Prises maritimes. 
 Hautefeuiixe, Des Droits et des Devoirs des Nations neutres. 
 Lampeedi, Del Commercio dei Popoli neutrali. 
 Galiani, Doveri dei Principi neutrali. 
 
CONTRABAND. 
 
 No principle of international law is more firmly esta- 
 blished than the duty of neutrals to abstain from all 
 interposition in the war between two belligerents. This 
 duty, which excludes all active personal interference, 
 extends also to the prohibition of material assistance. 
 
 Upon this principle is founded the law of contraband 
 of war. 
 
 Dr. Richardson, in his valuable Dictionary of the 
 English Language, defines contraband in the following 
 terms : — 
 
 " Contraband. It. contrabando. Fr. contrebande. Definition. 
 Contre le defense, le ban — against ban — Merchandize de 
 contrabande. Merchandize that is forbidden (by procla- 
 mation, &c.). Cotgrave." 
 
 According to this definition the term would appear to 
 have been originally rather applied to offences against the 
 municipal laws of some particular state, of the description 
 now styled smuggling, in which sense the French term 
 contrebande is still used ; the distinctions between articles 
 prohibited to be exported or imported ' in time of peace, 
 and those forbidden to be conveyed to an enemy during 
 war, being preserved in that language by the use of the 
 terms contrebande and contrebande de guerre. 
 
 • "The term contraband is not gerents choose to prohibit from 
 
 confined to implements of war im- being exported from the country of 
 
 ported, but applied also sometimes his adversary."— Eob. Colt. Marit, 
 
 in its original and more general p. 183. 
 
 sense (verbotene und contrebande See also 2 Hagg. Adm, Bep. 394. 
 
 wahren) to such goods as the belli- Prinee Frederick. 
 
Passive. 
 
 XVIU CONTRABAND. 
 
 The term was then probably applied In its present sense 
 to merchandise forbidden to be supplied to the enemy by 
 the rules or precepts of international law generally ; and 
 thus such articles as are not allowed to be conveyed to an 
 enemy during the prevalettce of T\'ar are styled contra- 
 hand, or more fully contraband of war. 
 Active. Contraband is divided by some writers into active and 
 
 passive. The former term being applied to traffic in 
 which the articles are conveyed to the enemy and delivered 
 in his country ; the latter to traffic conducted on the part 
 of the neutrals within their own territories, the con- 
 veyance of the goods to their destination being left to the 
 enemy himself. 
 
 The illegality of the former transaction, at least where 
 the articles in question are of direct immediate use in war, 
 is universally admitted; that of the latter is denied by 
 most publicists.' 
 
 The difficulty of enforcing any penalty in this latter 
 case, and its exemption from the jurisdiction of a Prize 
 Court, render unnecessary all further allusion to it in 
 such a work as the present. 
 
 Contraband being thus defined " merchandize for- 
 bidden by the law of nations to be supplied to an enemy," 
 the next question will be, the nature and extent of the 
 prohibition imposed by this law, and from what source a 
 knowledge of it can be derived. 
 
 No positive precept of the law of nations being in ex- 
 
 ' Lampredi Theorem. Jur. Publ. Vide also Lampredi Commercio 
 
 univ. pt. 3. c. 12. § 9. n. 4. " Et dei Popoli neutrali, 95. Azuni, pt. 
 
 quia neutrins partis esse debet, et 2. o. 2. art. 4. § 26. Galliani 
 
 a bello omnino abstinere, neutri maintains the contrary opinion, that 
 
 etiam suppeditabit quae directe ad such commerce is illegal. MassS, 
 
 bellum refereutur. Suppeditare hie Le Droit Com. 1 torn. pp. 203, 4. 
 loci transvehere ad alterutrum hos- 
 tem significat." 
 
CONTRABAND. XIX 
 
 istence, the prohibitions of that law can only be derived 
 from the secondary source, that of conventional law, as 
 collected from custom and usage. 
 
 Little satisfaction will, however, be derived from that 
 source, as customs and usages are found to differ amongst 
 various nations ; and even in the same nation vary in 
 many material circumstances according to the various 
 changes of time and place. 
 
 Much difference of opinion also exists amongst the most 
 distinguished jurists and writers on international law on 
 this subject ; and the natural inference would appear to be 
 that it is not one that admits of such precision as to allovj 
 of fixing an accurate list of articles, that can be considered as 
 at all times contraband. Reference must be made to the 
 principle upon which the prohibition is founded, viz. that of 
 non-interposition in the war between two belligerents, and 
 the circumstances of each case must determine whether 
 Buch interposition does exist or not. 
 
 The object of the laws against contraband being to Destination. 
 prevent the communication of assistance to an enemy, it 
 is absolutely necessary to constitute that offence, that the 
 destination of the goods should be to a hostile port. 
 
 Goods going to a neutral port cannot fall under that 
 denomination, the conveyance of any goods to such a de- 
 stination being lawful.' Where, however, two ports of Porte in same 
 different character are situated in the same bay, not sepa- 
 rated by a headland, they are considered as identified, and 
 a destination to the neutral one will not protect from 
 condemnation.^ 
 
 If the original destination be to a hostile port, but that Destination 
 
 change. 
 
 ' Imina, 3 Rob. 168. * 3 Zelder Rust, 6 Hob. 94. 
 
 a 2 
 
XX CONTKABAND. 
 
 destination have been changed before capture, the vessel 
 and cargo become exempt from the charge of contraband. 
 
 Thus, in the case of the Imina^, the vessel had sailed 
 with an original destination to Amsterdam, with a cargo 
 of ship-timber, but having on the voyage learnt that that 
 place was under blockade, the master formed the design of 
 changing his course to Embden, and altered it accordingly. 
 
 The Court observed: " I must ask, then, was this 
 property taken in delicto, in the prosecution of an intention 
 of landing it at a hostile port ? Clearly not ; " and held 
 that "although from the moment of quitting port on a 
 hostile destination the ofiPence is complete, and that it is 
 not necessary to wait till the goods are actually endeavour- 
 ing to enter the enemy's port, yet the variation of the 
 destination having happened, the parties were, after that 
 ' time, entitled to the benefit of it," and decreed restitution. 
 Destination This exemption is also extended to cases, where the orders 
 discretionaiy. respecting the destination are discretionary, and there is 
 evidence before the Court that, acting upon that discretion, 
 it was not the intention of the master to go to such a port 
 as would entail the penalty of contraband.^ 
 
 Thus, in the case of the Twende Brodre, the nature 
 of the cargo was such that, if going to Brest, a port of 
 military equipment, it would have been contraband ; but 
 if to such a port as St. Maloe's, not so. The master's in- 
 structions referred to both St. Maloe and Brest as desti- 
 nations ; but the Court held that the words used in them, 
 " if you resolve," indicated an ultimate discretion to have 
 been reposed in the master ; and as he had deposed that 
 he was going to St. Maloe with a decided intention of 
 making it the ultimate port of destination, and discharging 
 
 ' 3 Rot. 168. » 4 Rob. 3S. 
 
CONTRABAKD. XXI 
 
 his lading there, that this conditional discretion, which 
 was given him to go to Brest, would not have been carried 
 into eflfect, and decreed restitution. 
 
 In the same manner, if, during the voyage and before Destination, 
 seizure, the port of destination has ceased to be hostile, chawfte" 
 all question of contraband also ceases. 
 
 This was the case of the Trendre Sostre.^ The vessel 
 had arrived at the Cape, and was there seized as prize ; but 
 that settlement had, in the intermediate time, between the 
 commencement of the voyage and previous to the arrival 
 of the vessel there, surrendered to the British forces. 
 
 The Court held that there must be a delictum existing 
 at the. moment of seizure to sustain the penalty ; and was 
 of opinion that as long before that time these goods had 
 lost their noxious character of going as contraband to an 
 enemy's port, that circumstance was a discharge and com- 
 plete acquittal. 
 
 But it will not be allowed that a vessel having, on board Destinations 
 a mixed cargo of contraband and innocent articles, should 
 sail on several destinations, some hostile, others neutral, 
 under the pretence that at such destinations as might be 
 hostile the innocent articles only are intended to be landed 
 and delivered, the contraband articles being destined for an 
 ulterior neutral pert. 
 
 Thus, in the former case of the Trendre Sostre^, the 
 vessel had touched at the Cape, a hostile settlement pre- 
 vious to its surrender, but with an ulterior destination to 
 Tranquebar. 
 
 The Court observed, if the Cape had continued Dutch, 
 a person could not have been at liberty to carry thither 
 articles of a contraband nature under an intention of selling 
 
 ' 6 Rob. 391. n. ' 6 Rob. 390. 
 
 a3 
 
xxu 
 
 CONTRABAND. 
 
 Contraband, 
 ■what. 
 
 Articles ap- 
 plicable solely 
 to purposes of 
 peace. 
 
 Articles of 
 direct use in 
 war. 
 
 other innocent commodities only, and of proceeding witli 
 the contraband articles to a port of ulterior destination. 
 
 With EErEKENCE to a more specific description of such 
 articles as fall under the denomination of contraband, it 
 is to be observed that articles of commerce may be divided 
 into the following classes : — 
 
 1. Those vyhose use is solely applicable to purposes of 
 peace. 
 
 2. Those which are of direct use in war. 
 
 3. Those which are of promiscuous or doubtful use 
 (promiscui, ancipitis usus), as being applicable to purposes 
 of peace or war. 
 
 4. Those which have been declared to be contraband 
 by treaty entered into by a neutral and one or both of the 
 belligerent powers. 
 
 And, lastly, those which have been declared to be con- 
 traband by public notification of one of the belligerents. 
 
 1. Articles whose use is solely applicable to purposes 
 of peace. 
 
 As from their nature no benefit in the prosecution of 
 the war can be derived to the enemy from the purchase 
 of them, and it is the undoubted right of neutrals to carry 
 on their accustomed trade to all places, including also the 
 ports of the enemy, except when under blockade, the con- 
 veyance of these articles can entail no penalty ; the ships, 
 however, of which they form the cargo, are in common 
 with all other vessels liable to visitation and search.* 
 
 2. The second class comprises articles which are of 
 direct use in war. 
 
 With respect to these no questions can arise. On proof 
 of the use of the articles being solely or palrticularly ap- 
 
 ' Immanuel, 2 Rob. 197. 
 
CONTRABAND. XXIU 
 
 plicable to hostile purposes, the conveyance of it to the Articles of 
 enemy would amount to such a direct interposition in the -^ar. 
 war, as necessarily to entail the confiscation of the pro- 
 perty. 
 
 Indeed on this point the law is so well established, that 
 articles of this description are seldom claimed, it being 
 evidently more prudent on the part of the owners to 
 abandon them than incur the expenses of a suit, which 
 could have only one termination, that of condemnation 
 of the property In question, and also of the ship itself, 
 and any other property on board even of an innocent 
 nature, if belonging to the same owner. The abstaining, 
 however, from making the claim will not protect his pro- 
 perty, if it appear from the ship's papers that the same 
 party is the owner of the contraband goods and other 
 property on board.' 
 
 The question has sometimes arisen with respect to ships, Ships. 
 which have been sent for sale to an enemy's country, and 
 the construction of which has been such that there could 
 be no doubt of their having been built for purposes of war. 
 
 Thus in the case of the Richmond.^ 
 
 This was the case of a ship which, the owner had di- 
 rected to be sold to the enemy, with the declared expect- 
 ation that it would be employed hostilely against this 
 country, knowing it to be peculiarly adapted for purposes 
 of war. 
 
 The Court observed, it cannot surely under any point of 
 view but be considered as a very hostile act to be carrying 
 a supply of a most powerful instrument of mischief, of 
 contraband, ready made up, to the enemy for hostile use, 
 and intended for that use by the seller, and with an avowed 
 
 Jonge Tobias, 1 Rob. 329. * 5 Rob. 325. 
 
 a4 
 
XXIV CONTRABAND. 
 
 Ships. knowledge that it would be so applied, and condemned 
 
 the vessel. 
 
 The case of the Brutus ' was of a similar description. 
 
 This vessel had been surveyed, and it was reported that 
 "her hull, masts, yards, rigging, and sails appeared in 
 every respect as fitted for a ship of war. That she had 
 shot lockers fitted to each port, and netting stanchions 
 For stowing hammocks for quarters, with nettings fixed 
 Fore and aft ; that she was pierced for fourteen guns, with 
 ports calculated for guns of four pounds, with rings and 
 eye-bolts ; and that her sides were regularly built for 
 quarters, agreeably to the established way of building, and 
 with bow and stern chase ports, and a capstern complete 
 for heaving of an anchor instead of a windlass." 
 
 The Court, considering that under the circumstances 
 she was built for purposes of war and not for peace, and 
 that it was proved she was going to be sold to the enemy, 
 condemned the vessel as contraband of war. A sentence 
 which was affirmed on appeal.^ 
 
 Where, however, the vessels, as in the case of the 
 Fanny, 24th March, 1804, and the Neptune, 18th 
 July, 1804', were of more ambiguous construction, had 
 been actually employed in trade, and the occasion for 
 selling them had arisen from circumstances, the claim of 
 the neutral was admitted. This was also done in the 
 case of the Raven, Lords, 13th June, 1804 ^ where the 
 -vessel, although formerly a privateer, had been bought for 
 purposes of trade, and the owner only intended her for 
 sale on failure of all attempts to render her fit for that 
 service. 
 
 It appears, therefore, that the principle of considering 
 
 ' 5 Eob. 331. ' 27th July, 1804. » 5 Eob. Ap. 409. 
 
COKTEABANT). XXV 
 
 the sale of ships of war to the enemy as contraband Is Warlike 
 
 strictly held, but its application has been restricted to 
 
 cases, in which no doubt existed as to the character of the ^, . 
 
 ... Ships, 
 
 vessel or the purpose for which it was intended to be 
 
 sold.' 
 
 But even in the case of articles of direct use in war, 
 an exception is always made in favour of such a quantity of 
 them, as may be supposed to be necessary for the use or ^^'P'^ stores. 
 defence of the ship, and which would pass under the 
 denomination of ship's stores. 
 
 In the case of the Richmond'^ before alluded to, the 
 vessel was seized in port at St. Helena, preparing for 
 her departure, and actually unmoored for the purpose of 
 proceeding to the Isle of France, under a false destination, 
 with articles of a contraband nature concealed on board. 
 Her cargo consisted in part of twenty-nine barrels of 
 pitch and tar, twelve barrels of the same articles having 
 been previously sold at St. Helena. 
 
 The Court held that, although the term " stores " was to 
 be liberally interpreted. It still must be so understood as to 
 be capable of a definite construction, and that it was quite 
 impossible to suppose, that the whole quantity was ori- 
 ginally Intended as stores, and condemned the articles. 
 
 In the case of the Margaretha Magdalena^, it had 
 been stated by the master. In explanation of the quantity 
 of stores in excess on board his vessel, that part of 
 them were destined for another ship, which it was in- 
 tended to purchase at Batavia; but this excuse was 
 rejected by the Court, who observed that it could by no 
 means be allowed, that neutrals should be at liberty to 
 
 ' 5 Rob. Ap. 410. • 5 Rob. 335. " 2 Rob. 140. 
 
XXVI 
 
 CONTRABAND. 
 
 Ship's stores. 
 
 Articles of 
 promiscuous 
 
 carry out a larger quantity of articles of this nature than 
 are wanting for their own ship's use, under a speculation 
 of purchasing other ships, and that the speculation should 
 afterwards be abandoned, and the contraband articles sold 
 as stores to the enemy. If the speculation was originally 
 and bond fide entertained, on failure of it the surplus 
 should either be brought back again or sold in some 
 neutral port, for neutrals can have no right to carry out 
 double stores of such description for a contingent purpose, 
 and then dispose of them to the enemy at pleasure. 
 
 The onlt aeticles that can occasion any real difficulty 
 are those included under the third class, viz., articles of a 
 promiscuous use {promiscui, ancipitis usus), such as are 
 equally applicable to purposes of peace or wax'. 
 
 Of these the best examples may perhaps be selected 
 from those of metals, particularly iron and copper; than 
 which there are no articles in nature that come more 
 exactly under the description of promiscuous use, and 
 which are capable of being applied to the most innocent 
 as well as most noxious purposes, and which have ac- 
 cordingly been held to be exposed, or not, to the penalty 
 of confiscation as contraband, according to the circum- 
 stances under which they were placed. 
 
 The prohibition with reference to contraband articles, 
 depending upon the obligation imposed upon neutrals to 
 render no assistance to either of the belligerent parties in 
 the prosecution of the war, whatever may be the nature 
 of the articles, if there be a moral certainty, or strong 
 legal presumption, that they are intended to be applied 
 to hostile purposes, the Court will consider them as falling 
 under the list of prohibited articles. 
 
 Their application to military purposes being the test, 
 much will consequently depend upon the nature and 
 
CONTRABAND. XXVll 
 
 condition of the articles, as well as their probable Articles of 
 
 T ,. ,. promiscuous 
 
 destination. use. 
 
 With reference to the nature of the articles : — 
 
 The catalogue of this description of contraband has Nature. 
 varied much, and must vary from time to time, with the 
 changes and revolutions of nations in their territories, 
 their manners, and pursuits, and, above all, in the science 
 of war. When from these changes an article, which 
 before was innocent, becomes of great use in war, it is 
 immediately clothed with the character of contraband. 
 
 The rule laid down by Grotius, which is founded in 
 justice and good sense, has been looked up to as the safe 
 guide of decision, — distinguendus est belli status.^ The 
 situation and means of the belligerent countries, the cause 
 of any given war, the object of attack and defence, will 
 clearly point out the hostile wants of each party and the 
 articles, by which he may be assisted in opposing his 
 enemy or defending himself. Whatever becomes of mili- 
 tary use to an enemy becomes immediately contraband. 
 The invention of gunpowder added a vast accumulation to 
 the catalogue. In more modern times, when wars have 
 assumed a naval character, articles decidedly of use in 
 military naval equipment, after some opposition from in- 
 terested neutrals, are universally admitted to be con- 
 traband.^ 
 
 With respect to the condition in which the articles are Gondition, 
 found, much indulgence is, by the practice of nations, manufactured, 
 shown, where the articles are in their native and unmanu- 
 factured state.* Thus iron is treated with indulgence, 
 though anchors and other instruments fabricated out of it 
 are directly contraband. The quantity of an article found 
 
 ' Vide Grotius, lib. 3. c. 1. § 3. ' Jonge Margaretha, 1 Rob .195. 
 
 ' Euphemie, Stew. 565. ' 
 
CONTRABAKD. 
 
 Articles of 
 promiscuous 
 
 Quantity. 
 
 Growth and 
 produce. < 
 
 on board is a subject considered entitled to much consider- 
 ation ; a moderate quantity of an article, however noxious 
 with reference to contraband, as, for instance, gunpowder 
 itself, would be considered as forming part of the ship's 
 stores and intended for its own use, and as such free from 
 condemnation, which would justly be applied to any very 
 large quantity of the same article, the supply of which 
 could only be reasonably accounted for as intended for 
 purposes of commerce. 
 
 An exception is also made in favour of articles, which 
 are the growth and produce of the neutral country. 
 
 This exception is not, however, founded upon any gene- 
 ral principle of international law, as cases are not wanting 
 where such articles have been condemned as contraband ; 
 this was done in the celebrated case of the Med GucTs 
 Hielpe, reported below, p. 191. The cargo here consisted 
 of pitch and tar, the produce of Sweden, and laden on 
 board a Swedish vessel, but which was notwithstanding 
 condemned as contraband; a sentence which was affirmed 
 on appeal. 
 
 This exception in favour of articles of the growth and pro- 
 duce of the neutral country is rather a relaxation introduced 
 into the practice of the Court, from the consideration that 
 it would be a harsh exercise of a belligerent right to pro- 
 hibit the carriage of articles, which might constitute a 
 considerable part of its native produce and ordinary com- 
 merce, as would be the case with Sweden with reference 
 to the articles referred to in the case above cited. 
 
 This exception is also sometimes extended to the produce 
 of the neighbouring district. 
 
 Thus, in the case of the Juffrow Wobetha ', a cargo of 
 timber from Dantzic was condemned, it having been proved 
 
 ' Apollo, 4 Bob. 164. 
 
CONTRABAND. XXIX 
 
 to be the produce not of the territory of Dantzic, but of ■^^''M^s °^ 
 t J ' promiscuous 
 
 the neighbouring kingdom of Poland ; but this sentence use. 
 was reversed on appeal, and the cargo decreed to be re- 
 storedj the Court conceiving that Dantzic, though a free pr^a^ce of 
 city, being at that time within the immediate protection of neighbour- 
 Poland, was entitled to export such a commodity as one of 
 its own products. 
 
 And in the case of the Evert^, the same extension of 
 the privilege was recognised in favour of the Hanse Towns. 
 
 But In order to avail themselves of this latter exception, 
 it is incumbent on the claimants^ to show that the article 
 was of the growth of the neighbouring district, whose 
 produce they were usually employed in exporting in the 
 ordinary course of their trade. 
 
 These exceptions in favour of articles of the growth Pre-emption, 
 and produce_of the neutral or neighbouring country are also 
 to be understood as subject to the condition that the articles 
 in question may be brought in for pre-emption, which is 
 rather to be considered as a privilege conferred by 
 the belligerent on, than a right to be claimed by, the 
 neutral, and consists in the purchase of the article in 
 question by the government to which the captor belongs 
 after it has been brought in for adjudication, allowance 
 being made for the original price, with a fair, reasonable 
 profit. 
 
 This subject was fully discussed in the case of the 
 Hadbet^, the cargo of which consisted of corn going 
 from Altona to Cadiz, which had been seized and brought 
 in and bought by Government. 
 
 The Court observed that the right of pre-emption was 
 no peculiar claim of this country, but belonged generally 
 
 > 4 Bob. 355. 'J: EolJ- 182. 
 
XXX 
 
 CONTKABAND. 
 
 Articles of 
 
 promiscuous 
 
 use. 
 
 Pre-emption. 
 
 to belligerent nations. The ancient practice was to cbn-r 
 fiscate such a cargo as the one before the Court entirely; a 
 more mitigated practice prevailed in later times of 
 holding such cargoes subject only to a right oi pre-emption, 
 that is, to a right of purchase upon a reasonable compen- 
 sation to the individual. It had never been understood 
 that, on the side of tlje belligerent, this claim went beyond 
 the case of cargoes avowedly bound to the enemy's ports, 
 or suspected on just grounds to have a concealed destina- 
 tion of that kind ; or that, on the side of the neutral, the 
 same exact compensation was to be expected which might 
 have been demanded from the enemy in his own port. 
 The enemy might be distressed by famine, and might be 
 driven by his necessities to pay a famine price for his 
 commodities if it got there ; it does not follow that, acting 
 upon the rights of war in intercepting such supplies, the 
 government is under the obligation of paying that price of 
 distress. It is a mitigated exercise of war on which the 
 purchase is made, and no rule has been established that such 
 a purchase should be regulated exactly upon the same 
 terms of profit which would have followed the adventure 
 if no such exercise of war had intervened ; it is a reason- 
 able indemnification and a fair profit on the commodity 
 that is due, reference being had to the original price actually 
 paid by the exporter and the expenses which he has in- 
 curred. 
 
 The usual practice appears to have been for Govern- 
 ment to pay the ordinary expenses of captor and claimant' ; 
 and in determining the remuneration to be paid to the 
 latter for the articles seized, to allow the invoice price 
 and ten per cent, profit'', together with the freight.^ 
 
 ' Twende Brodre, 4. Rob. 38, 
 Cliristina Maria 4 Rob. 166. 
 ' Haabet, 2 Rob. 175. 
 
 ' Lucy, 3 Rob. 210.; see also 
 Minerva, 2 Rob. 20. 
 
CONTRABAND. XXXI 
 
 . Another Important consideration in determining the -A-rticlesof 
 
 '^ ^ ° promiscuous 
 
 character of the gooda which fall under this class is, that use. 
 
 of their destination ; for it being impossible to ascertain Destination, 
 the final use of an article ancipitis usus, it is not an inju- 
 rious rule which deduces both ways the final use from the 
 immediate destination.' 
 
 Of this the best criterion will perhaps be the nature of 
 the port to which they are bound. 
 
 The question to be determined being whether the arti- 
 cles were Intended for the ordinary use of life, or even 
 for mercantile ship's use, or whether they were going 
 with a highly probable destination to military use, the 
 nature and quality of the port to which the articles were 
 going is not an irrational test of the matter of fact on 
 which the distinction is to be applied. 
 
 If the port is a general commercial port, it shall be 
 understood that the articles were going for civil use, 
 although occasionally a frigate or other ship of war may 
 be constructed in that port. Contra, if the great pre- 
 dominant character of a port be that of a port of naval 
 military equipment, it shall be intended that the articles 
 were going for military use, although it is possible that 
 the articles may be applied to civil consumption. 
 
 The general principles applicable to this class of goods 
 having been thus laid down, the following list of these, 
 respecting which decisions have been given in the Admi- 
 ralty Prize Court, will serve to illustrate its practice. 
 In order to avoid needless repetition they will, as far as 
 
 ' Jonge Margaretha, 1 Bob. 195. 
 
XXXU CONTKABAND. 
 
 Contraband possible, be classed under such leading divisions as ?ro- 
 artioes. visions, Stores, &c. An alphabetical reference will be 
 found in the Index. 
 
 PROVISIONS. 
 
 Vide p. Ixviii. and Naval Stoees. 
 Much diiference of opinion appears to have existed 
 respecting the character of provisions — Commeatus.^ 
 
 Wolfius, Vattel, and other writers on the Continent 
 have been inclined to view them in a favourable light* 
 although Vattel admits that, under certain circumstances,, 
 as if, for example, there be an expectation of reducing 
 an enemy by famine, they may justly be considered 
 as contraband, and subject to condemnation. 
 
 The English Court of Admiralty appears to have 
 been formerly less lenient in its consideration. 
 
 In the case of the Nostra Signora de Pentha, Sep- 
 teinber 4. 1746 ^, the Court observed, that provisions are, 
 and always have been, esteemed contraband. And that 
 such was the case with respect to corn, wine, and oil, 
 was stated in 1673^, in an opinion of the then King's 
 Advocate, Sir Eobert Wiseman ; and in later decisions 
 the same character was applied to many other sorts of 
 provisions. 
 
 The modern established rule appears to be that 
 generally they are not in themselves contraband, but 
 may become so under circumstances arising out of the 
 particular state of the war, or the condition of the parties 
 engaged in it.* 
 
 They are free from all taint of contraband if they 
 are of the growth of the country which exports them ; 
 
 ' P. 119. ' Jonge Margaretha, 1 Eob. 193. 
 
 » P. 93 i see also p. 190. ' Ibid. } Haabet, 2 Rob. 182. 
 
CONTRABAND. XXXUl 
 
 but then fall under the liability of being purchased at List of Ar- 
 a certain price by the government of which the captors ^"^ ^^' 
 are subjects (vide Pre-emption, ante p. xxix.). 
 
 They are also entitled to indulgence if tbey are in 
 their native and unmanufactured state; thus wheat, 
 with reference to contraband, is not considered as so 
 noxious a commodity as any of the final preparations of 
 it for human use.' 
 
 But the most important distinction depends upon the 
 use for which the articles were intended, and which is 
 principally determilned by the character of the port of 
 destination, whether a port of naval military equipment 
 or one of a commercial nature. Thus, in the case of 
 the Jonge Margaretha, before cited, the destination 
 was to Brest, where at that time there was notoriously 
 " preparing against this country a considerable armament, 
 to which a supply of the articles, viz., cheeses, forming 
 the cargo of the neutVal vessel, would be eminently 
 useful. The Court condemned them as contraband. 
 
 Under this division the following articles naturally 
 fall: — 
 
 Beek. 
 
 In the case of the Juffrow Magdalena, March 3. 1 747 ^ 
 beer was restored with this dictum, that it was an 
 article of luxury, and not merely ship's provisions. And 
 in a subsequent case, that of the Endraght, October 5. 
 1747', forty hogsheads of beer on board a Prussian 
 vessel bound to Bordeaux were also restored, but 
 partly on account of the smallness of the quantity. 
 In that of the Margaretha Elizabeth, July 7. 1748*, a 
 
 ' Jonge Margaretha, 1 Rob. 193. ; ^ Pp. 123. 163. 
 
 Haahet, 2 'Rob. 182. ^ Pp. 160. 163. 
 
 2 Cited in the Jonge 'Marga- 
 retha, 1 Kob. 190. 
 
 b 
 
XXXIV COSTEABAND. 
 
 List of Ar- Danish vessel bound to Rochelle, a large quantity, of 
 
 *"'^^*' 200 hogsheads, was condemned, the Court declaring it 
 
 to be in its nature a species of provisions, and therefore 
 
 contraband. 
 
 Biscuit. 
 
 There can be no doubt that, from its nature, any 
 large quantity of the article found on board a vessel 
 bound to a hostile port of naval military equipment, 
 v?ould be held to be contraband. 
 
 The question came before the Court In the case of 
 the Ranger ', which was one of peculiarly aggravated 
 circumstances, the vessel was going to Cadiz under false 
 papers. The cargo consisted in part of sea-biscuits : a 
 fraudulent advantage had been taken of the permission 
 granted by the British government to import cargoes of 
 provisions to relieve the distresses of the Spaniards, at 
 that time suffering from famine. Both cargo and ship 
 were condemned. 
 
 Brandt. 
 
 This article may be considered in connection with 
 that of wine, they generally being found united as part 
 of the same cargo. 
 
 In the consideration of them, the question appears 
 to be whether they are to be considered as articles of 
 luxury, or as human food. 
 
 From the opinion of Sir Robert Wiseman given in 
 1673, and before alluded as cited in the Jonge Mar- 
 garetha, it appears to have been the practice of the 
 
 ' 6 Rob. 126. 
 
CONTRABAND. XXXV 
 
 Admiralty Court at that time to consider wine liable List of Ar- 
 to condemnation as contraband. 
 
 In the case of the Elizabeth Catherina ', June 20. 
 1747, a Swedish vessel, bound to Havre de Grace, but 
 with false papers, the Court considered that wine and 
 brandy fell under the general denomination of provisions, 
 and as such condemned them as contraband. 
 
 In a subsequent case, however, that of the De Klein 
 David^, 1748, a Prussian vessel, bound to Dunkirk, 
 the Court directed the same articles to be restored. 
 
 But in that of the Edward^, where the evidence 
 strongly tended to show that the real destination was 
 Brest, the Court declared that, though wines were not 
 an article generally contraband per se, yet, in conjunc- 
 tion with all the circumstances of the voyage, they 
 were unquestionably to be considered as naval stores, 
 and liable to condemnation. 
 
 Butter. 
 
 In the case of the Young Andreas'^ the cargo con- 
 sisted in part of twenty-two tons of butter, which was 
 condemned as contraband. 
 
 Cheese. 
 
 In the earlier cases cheese appears not to have been 
 considered contraband, but rather as an article of 
 luxury ; probably, however, in these cases the destina- 
 tion was not to a port of naval military equipment, or 
 the articles not of the kind fit for naval use.' 
 
 In the case of the Juffrow Magdalena^, March 3. 
 
 ' p. 115. * Jonge Margaretha, 1 Rob. 190, 
 
 2 P. 176. 191. 
 
 = 4 Rob. 70. " Cited in 1 Rob. 190. 
 
 * P. 99. 
 
 b2 
 
XXXVl CONTKABAND. 
 
 List of Ar- 1747, a Prussian ship, from Amsterdam to Bourdeaux, 
 
 cheese was restored as an article of luxury. 
 
 In that of the De Endraght^, October 5. 1747, to 
 the same destination, the cargo of cheese was also re- 
 stored. 
 
 And in that of the Welvaarl^, August 7. 1799, Dutch 
 cheeses going to Bourdeaux were restored. 
 
 But in more modern times they have been held liable 
 to confiscation. Thus, in the case of the Jonge Mar- 
 gareiha*, the destination was to Brest, a port univer- 
 sally known to be one of naval military equipment, 
 and authentic certificates were exhibited to the effect, 
 that the articles before the Court were such cheeses as 
 were used in British ships, when foreign cheeses were 
 used at all, and such as were exclusively used in French 
 ships of war; under these circumstances they were con- 
 demned as contraband. 
 
 In the still later case of the Zelden Rust^, the 
 cargo consisted of Dutch cheeses; the vessel was on a 
 voyage from Amsterdam to Corunna ; certificates were 
 produced to prove them to be fit for naval stores and such 
 as were usually used on board French and Spanish ships 
 of war. On this ground, and also on account of the des-, 
 tination being itself a port of naval equipment and in 
 the same bay with Ferrol, a still more important port 
 of that description, the cargo was condemned as con- 
 traband. 
 
 Cod, 
 
 Salted cod going to Rochelle condemned as con- 
 traband. Jonge Frederick ^, 1747. 
 
 ' P. 123. ■• 1 Rob. 94. 
 
 ' 1 Rob. 195.. » Cited in 1 Rob. 193. 
 
 ' 1 Rob. 190. 
 
CONTEABAND. XXXVl 
 
 Corn, Wheat. Ss"^^'' 
 
 Flour, meal, v. p. Ixvii. 
 
 In the year 1673, according to the opinion of the 
 Advocate-General already cited *, it was the practice of 
 the Admiralty Court to condemn corn as contraband. 
 
 In the case of the De Jumfro Sarah ^ there appeared 
 strong presumption that, witli an ostensible destination 
 to Lisbon, her real destination was BoUrdeaux ; her 
 cargo, a great part of which was wheat, was con- 
 demned. 
 
 In that of the De Vrow Anna Maria^ the Court 
 pronounced wheat to be certainly provisions, and con- 
 demned it as contraband under the Swedish treaty. 
 
 The case of the Goede Vreede^, March 6, 1780, appears 
 to have been of a similar description. 
 
 In more modern times a more favourable consider- 
 ation has been applied to these articles. Thus, in the 
 case of the Jonge Margaretha ° before cited, the Court 
 observed that wheat is not considered as so noxious a 
 commodity as any of the final preparations of it for 
 human use. 
 
 They are, however, considered subject to the right of 
 pre-emption on the usual terms. Thus, in the case of 
 the Haabet^, a cargo of wheat, going from Altona to 
 Cadiz, was seized, and brought in, and bought by 
 government ; the invoice price and 10 per cent, profit 
 was allowed for it. The claim for insurance, which had 
 not been paid, but which it was contended ought ac- 
 cording to the custom of the trade to be allowedj was 
 rejected. 
 
 ' 1 Rob. 192. * Apollo, i Rot. 163. 
 
 2 P. 100. '1 Rob. 190. 
 
 « P. 122, " 2 Rob. 182. 
 b 3 
 
XXXVIU CONTKABAND. 
 
 List of Ar- The Minerva was a similar case of a Danish ship 
 
 "^ ^^' laden with corn captured on a voyage from Amsterdam 
 
 to Leghorn ; the cargo was taken by the Government on 
 the usual terms; but claimant's expenses were not 
 allowed on account of the defect of proof in the first 
 instance. 
 
 Oil. 
 
 Liable to be condemned as contraband according to 
 the practice of the Court of Admiralty in 1673.^ 
 
 Rice. 
 
 This article was in the case of the St. Johannes ^, Oct. 
 20. 1740, considered as falling under the denomination 
 of provisions, and, as such, condemned as contraband. 
 
 Salmon. 
 
 Condemned as contraband in the case of the Nostra 
 Signora de Pentha.^ 
 
 Salt. 
 
 In the case of the Jonge Tobias ^, a Swedish ship, the 
 cargo, consisting entirely of salt, bound to Dunkirk, was 
 held to be provisions, and as such condemned. 
 
 A similar decision was afterwards pronounced in the 
 case of the Le Mars.^ 
 
 Salted Peovisions. 
 
 These, from their character of naval stores, would be 
 peculiarly liable to condemnation. 
 
 • Jonge Margaretha, 1 Eob. 193. " P. 90. 
 
 ' P. 170. Jonge Margaretha, 1 * P. 187. 
 
 Rob. 194. » P. 144. 
 
CONTRABAND. XXXIX 
 
 Salted Beef was condemned as contraband in the case List of Ar- 
 o{ the Vriendschass^, Jiily 5. 1798; 
 
 Salted Cod in that of the Jonge Frederick^, in 1747 ; 
 and 
 
 Salted Herrings in that of the Johannes^, in 1748. 
 
 But small quantities of such articles would be rather 
 considered as ship's provisions, and not as forming part 
 of the cargo.* 
 
 WINE. 
 
 Vide Bbandt. 
 
 STOEES. 
 
 This term is found in the reports of the cases applied 
 to articles for the ship's use and to naval and warlike 
 stores. 
 
 Stores for Ship's Use. 
 
 With reference to these the term " Stores " is liberally 
 interpreted, but it is expected that the supply on board 
 should not, to an unreasonable extent, exceed what each 
 vessel might be expected to require for its own use. 
 
 In the case of the Margaretha Magdalena ^, before 
 alluded to p. xxiii., it appeared that extra stores had 
 been carried out, on pretence of their being intended 
 for the use of vessels proposed to be purchased abroad, 
 and had only been sold to the enemy on failure of the 
 speculation. The Court, under the circumstances, 
 decreed restitution, but expressed a strong opinion 
 against the practice, and observed that in such a case 
 
 ' Cited in the Jonge Margaretha, ' Ibid. 
 
 1 Rob. 189. ' P- 170. 
 
 * Vaii. p. 193. ° 2 Rob. 140 
 
 b4 
 
xl CONTEABAND. 
 
 List of Ar- the stores, on failure of the original plan, should have 
 
 '°*^' been brought back again, or sold in some neutral 
 
 port. In that of the Richmond there were found on 
 board twenty-nine barrels of tar ; and it appeared that 
 twelve barrels of the same article had been previously 
 sold on the voyage at St. Helena. The Court held that 
 it was quite impossible to suppose that the whole quan- 
 tity was originally intended as stores, and condemned 
 them as contraband. 
 
 WAELIKE STORES. 
 
 These are, from their very nature, evidently contra- 
 band; but every vessel is, of course, allowed to carry 
 such a quantity as may be necessary for purposes of 
 defence : this provision is expressly introduced in many 
 treaties.' 
 
 Saltpetre. 
 
 In the case of the De Wilhelmina Catharina ^, bound 
 from Amsterdam to Bayonne, fourteen pounds of salt- 
 petre were, with other articles, condemned as con- 
 traband. 
 
 Shot. 
 
 This article, in its own nature, is evidently contra- 
 band ; in the case of the Marlborough ', it was condemned 
 as forming part of other warlike stores. In that of the 
 De Wilhelmina Catharina ^, shot in any large quantity 
 was declared to be contraband, the Court at the same 
 time expressing its opinion that in the case of a small 
 quantity, as a single barrel, it would not be held liable 
 
 ' P. 239. ' p. 180. > Pp. 25. 32. 
 
CONTRABAND. xU 
 
 to condemnation ; but pronounced such a quantity as List of Ar- 
 that involved in the case before it, viz., four tons and 
 upwards, to fall under that description, and condemned 
 it as such. 
 
 NAVAL STOEES. 
 
 These comprehend all articles made use of in navi- 
 gation, as timber and iron for shipping, pitch, tar, 
 hemp, cordage, provisions ^, &c. Their character with 
 respect to contraband is, in cases of doubt, ascertained by 
 reference ^ to the officers of H. M. Dockyards, or other 
 parties such as shipwrights, Ssc, duly qualified to give 
 an opinion upon the subject. They are not apta hello 
 ■per se ', and would be restored or condemned according 
 to their destination. 
 
 In the case of the Staadt Embden *, a cargo of this 
 description on a voyage from Riga to Amsterdam, at 
 that time a port of naval equipment under possession of 
 the enemy, was condemned. 
 
 They have, however, been in many treaties ^ expressly 
 excepted from the list of contraband articles. 
 
 Provisions would, in many cases, fall under this 
 description : they have been treated of already. Other 
 articles follow in order. 
 
 Anchoes. 
 
 In the case of the Jonge Margaretha^ the Court, 
 alluding to the distinction made in favour of articles in 
 their native and unmanufactured state, observed : thus, 
 iron is treated with indulgence, though anchors and 
 
 ' Neptums, 6 Rob. 408. * 1 Rob. p. 31 
 
 2 Ringehde Jacob, 1 Rob. 92. " P. 39. 
 
 » P. 48. ° 1 Rob. 195. 
 
xlii CONTRABAND. 
 
 List of Ar- other instruments fabricated out of it are directly con- 
 
 ticles. ^ , , 
 
 traband. 
 
 Cordage. 
 
 In the case of the Jonge Margaretha ' the Court 
 observed that cordage, as a manufactured article, was 
 less favourably considered than hemp. 
 
 Hemp. 
 
 When hostilities were less naval than they have now 
 become, hemp was considered of a disputable nature, 
 and was more favourably considered than cordage^; but 
 by the modem Law of Nations, when going to the 
 enemy's use, it is liable to be seized as contraband in 
 its own nature.^ 
 
 In the case of the Fredericus 2dus, May 20. 1747 *, 
 hemp was condemned as contraband. It has since been 
 expressly declared to be so in the explanatory article of 
 the treaty of 1670 with Denmark.^ 
 
 But if the hemp be the produce and property of the 
 exporting country, whether on board a vessel of that 
 or another neutral country, it is not held to be con- 
 traband ; thus, in the case of the Apollo *, the cargo 
 consisted of hemp, the produce of Kussia and properly 
 of a Russian merchant, but on board a Prussian ship 
 on a Voyage from Liebau in Courland to Amsterdam, 
 and was directed to be restored. 
 
 Under this head will also fall the following : — 
 
 ' 1 Rob. 194. Commercium, ib. 178.; Evert, 4, 'Rob. 
 
 ' Maria, I Rob. 372. 455. 
 
 " Ibid.; Ringende Jacob, ibid. 90, ' Pp. 109. 111. 
 
 91.; Franklin, 3 Rob. 220.; Floreat » P. 239. 
 
 ' 4 Rob. 164. 
 
CONTRABAND. xliii 
 
 COEDILLA OR ToESE. List of Ar- 
 
 This is a coarse kind of hemp. In the case of the 
 
 Gute Gesellschaft ', the vessel, laden with cordilla hemp, 
 
 was bound on a voyage from Lubeo to Bourdeaux. 
 On reference to the proper authorities, the cargo was 
 
 reported to be not fit for naval purposes and released, 
 
 but captors' expenses were given on account of the 
 
 necessity of bringing in such cargoes. 
 
 Pass Hemp. 
 
 This article was, after the usual references, con- 
 demned as contraband in the case of the Evert."^ 
 
 Metals.' 
 
 These are articles subservient to an infinite variety 
 of human uses, as much in the ordinary commerce of 
 peace as in the affairs of war, and come most exactly 
 under the description of promiscuous use*: in their 
 native unmanufactured state they are generally treated 
 with indulgence ^ ; but even in that state would 
 probably, where evidently intended to promote the 
 hostile purposes of the enemy, be condemned ^, and, in 
 general, a reference would be directed to ascertain 
 whether the circumstances of the case would not place 
 them under the category of naval stores. ^ 
 
 Copper. 
 
 This is peculiarly an article of ancipitis usus, its 
 character to be determined by its condition and desti- 
 nation. 
 
 ' 4 Bob. 95. ' Jonge Margaretha, 1 Rob. 195. 
 
 ^ 4 Rob. 354. " Euphemia, Stew 567. 
 
 ' Euphemia, Stew. 565. ' Ringende Jacob, 1 Rob. 92. n. 
 ^ Ringende Jacob, 1 Rob. 92. 
 
Xliv CONTEABAND. 
 
 List of Ar- Thus, in the case of the Charlotte ', the cargo con- 
 
 sisted of a quantity of copper, part in sheets : the vessel 
 was bound on a voyage from Stockholm to Amsterdam. 
 The Court condemned that part which, on reference 
 to the official authorities of H. M. Dockyard, was re- 
 ported to be fit for sheathing vessels, referring to 
 subsequent consideration the decision of the question 
 raised, respecting the effect of the treaty between this 
 country and Sweden of the 25th July, 1803, as to other 
 descriptions of the same article. 
 
 Iron. 
 
 This formed part of the cargo in the case of the 
 Ringende Jacob ^, and was referred to the officers of the 
 King's Yard to determine whether it was to be con- 
 sidered as naval stores or not. 
 
 In the Jonge Margaretha ', the Court observed that 
 iron was treated with indulgence, though anchors and 
 other instruments fabricated out of it were directly 
 contraband. 
 
 Steel. 
 
 This article appears to have been brought before the 
 . Court in the cases of the St. Nicholas and the Louisa, 
 March 3. 1746.^ In both of them part of the cargo, 
 consisting of pitch and tar, was condemned as con- 
 traband, the consideration of the remainder being re- 
 served; but no trace has been discovered of any 
 sentence relating to it being delivered on a future day. 
 In the case of the De Hoop^, 14 July, 1801, the 
 
 • 5 RoT). 275. * Pp. 57. 61. 
 
 ^ 1 Bob. 92, a. ■ Cited in the Eupkemia, Stew. 
 
 ' 1 Eob. 195. 566. 
 
CONTRABAND. xlv 
 
 question was again brought forward ; and steel of List of Ar- 
 which a sword had been made, and which was pro- 
 duced under affidavit in Court, was under the circum- 
 stances pronounced not to be contraband. 
 
 Pitch and Tab. 
 
 These articles were not formerly considered con- 
 traband, unless they had been prohibited by special 
 notification' : about the year 1656 they appear to have 
 been considered of a disputable nature ^, and are now 
 held to be in general subject to condemnation as con- 
 traband in a maritime^ war. 
 
 The right of carrying them was long a subject of much 
 contention between the government of this country and 
 that of Sweden.* 
 
 Tiie former contending that they were contraband, 
 and condemning them as such. Thus in the celebrated 
 case of the Med Gud's Hielpe, Aug. 9. 1745 ^, of which 
 a report will be found at page 191. The vessel and 
 cargo were entirely the property of Swedes, and bound 
 to Port Louis in France. Her cargo consisted prin- 
 cipally of pitch and tar; after long argument, the 
 Court pronounced sentence that these articles v/ere 
 contraband and not excepted in the Swedish Treaty, 
 condemned the ship and cargo, and the sentence was 
 afterwards, after mature deliberation, affirmed by the 
 Court of Appeal. 
 
 Similar decisions were given in the cases of the 
 S. Nicholas^, Louisa, and Hewa, March 3. 1746. 
 These were Swedish vessels bound to enemies' ports, 
 
 ' P. 195. ' Nepturms, 6 Eob. 405. 
 
 » Maria, 1 Bob. 372. ' MaHa, 1 Eob. 373. 
 
 » Sarah Christina, 1 Eob. 241. « Pp. 67. 61, 62. 
 
xlvi CONTEABAND. 
 
 List of Ar- and the cargo also the property of Swedes. That part 
 
 '" ^^' of it consisting of pitch and tar was immediately con- 
 
 demned as contraband ; the consideration of other parts 
 and of the effect on the ship of such a cargo being re- 
 served for further consideration : the final result, how- 
 ever, has not been ascertained. 
 
 The De Providential, March 26. 1748, was that of a 
 Danish vessel, laden at Stockholm, on account of Danes, 
 with a cargo of pitch and tar, bound to France ; this 
 was also condemned. 
 
 The Government of Sweden maintained on their part 
 that these articles were not contraband, more especially 
 when they were the produce of the exporting country. 
 
 After long and passionate discussion, it was agreed 
 that these articles should be considered not as absolutely 
 contraband, nor yet as entirely free and innocent, but 
 subject to seizure for pre-emption*; and accordingly, 
 in the modern practice of the British Courts of 
 Admiralty, goods of this description, being the produce 
 of Sweden, the actual property of Swedes, and con- 
 veyed by their own navigation*, were held, upon 
 a principle of indulgence to the native products and 
 ordinary commerce of that country, subject only to 
 the milder rights of pre-occupancy and pre-emption*, 
 and this relaxation was afterwards extended to such 
 goods on board a foreign ship.^ 
 
 To entitle a party to the benefit of this privilege, 
 there must be a perfect bona fides on his part. 
 
 In the case of the Sarah Christina^, the cargo con- 
 sisted in part of pitch and tar, laden on board a Swedish 
 
 ' P. 144. » Apollo, 4 Rob. 164. p. 247. Vide 
 
 ' Neptunus, 6 Rob. 405. Treaty witb Sweden, p. 247. 
 
 = Christina Maria, i Rob. 166. " 1 Rob. 241. 
 ^ Maria, 1 Rob. 373. 
 
CONTRABAND. xlvii 
 
 vessel, bound ostensibly to Cagliari, but taken going List of Ar- 
 into Cherbourg under a pretended excuse of want of 
 ■water. The Court, distrusting the explanation given as 
 to the change in the voyage, considered it the case of a 
 Swedish vessel carrying pitch and tar to a French port, 
 under a pretended neutral destination, and condemned 
 them as contraband. 
 
 KosiN. 
 
 In the case of the Sta. Boa Ventura^, a Portuguese 
 ship, bound to Nantz, part of a quantity of rosin on 
 board was condemned, as belonging to the same party 
 who was the owner of other articles which had been pro- 
 nounced to be contraband ; the remainder was restored. 
 
 In the case of the Nostra Signora de Begona^, the 
 Court considered that its character was to be determined 
 by the nature of its port of destination, and, as in that 
 case the port, viz. of Nantz, was not a military one, 
 decreed restitution. 
 
 Sail-cloth. 
 
 This article was in the case of the Neptunus^ pro- 
 nounced to be universally contraband, even on des- 
 tination to ports of mere mercantile naval equipment ; 
 it is expressly forbidden in the treaty with Denmark. * 
 
 TALLOW. 
 
 The consideration of this article depends upon its 
 probable use as deduced from its port of destination. 
 
 In the case of the Neptunus^, the cargo was a miscel- 
 laneous one, consisting partly of tallow ; the vessel was 
 bound to Amsterdam, but as that was a great mercantile 
 
 1 p. 137. ■* Eenrcm, 2 Rob. 6. 
 
 ' 5 Rob.' 97. " 3 Rob. 108. 
 
 " 3 Rob. 108.; Oster liisoer, 4 
 Rob. 199. 
 
xiVUl CONTRABAND. 
 
 List of Ar- port, as well as one of naval equipment, the Court 
 
 tides. \, 1 . , 1 
 
 directed it to be restored. 
 
 Tak. Yide Pitch. 
 
 TIMBER. 
 
 This is in general as much a thing of ambiguous use 
 as anything can be. Whether contraband or not, will 
 therefore depend upon its nature and destination. Thusj 
 it may be of a particular form, as knee-timber, which is 
 crooked timber, peculiarly useful for the building of 
 ships, or it may be distinguished by its dimensions of 
 size, and on this account fall under the denomination of 
 contraband. If there be no peculiarity of this kind, it 
 may be more favourably considered ; and in such con- 
 sideration, much will depend upon the nature of the 
 port to which it is going : if its destination be a 
 military port, this circumstance will tend greatly to fix 
 upon it the character of ship timber, and expose it to 
 confiscation, a penalty from which it would be exempt, 
 if the port were of a mere commercial nature. 
 
 In deciding upon such a cargo, the Court usually 
 directs the opinion of persons competent to decide upon 
 the subject to be taken either by affidavit' or in the 
 form of a more regular report, or by the administering 
 interrogatories ^ specially prepared for that purpose.' 
 
 ' Jonge Margaretha, 1 Rob. 195. These ideals are again divided 
 ' P. 68. and subdivided into deals of diffe- 
 ' European fir comes under the rent thickness for diflferent pur- 
 form of baulk and deal timber. poses. 
 
 Baulk timber consists of the Boards are bars from seven in- 
 largest square bars that can be' cut ches to any greater breadth, and 
 from the trunlis of trees, being ge- from half an inch to two inches in 
 nerally from eight to sixteen inches thickness. 
 
 square, and sometimes extending to Planks are all boards above nine 
 
 sixty feet in length or more. inches in breadth. — iViWioZson on 
 
 Deals are rectangular bars, from Carpentry. 
 two and a _half to three inches in 
 thickness. 
 
OONTBABAND. xlix 
 
 The following are several descriptions of timber. List of Ar- 
 which have been adjudicated upon : — *"'*^" 
 
 Fir Timber, Balks. 
 
 These are squared firs not sawn into planks. 
 
 In the case of the Brigitta Catrina, June 28. 1748', 
 although the produce of the neutral country, they were 
 condemned, being of considerable length and useful for 
 shipping. 
 
 But in the more modern case of the Endraght"^) on a 
 voyage to Dort in Holland, and the cargo of which con- 
 sisted in part of this description of timber, the greater 
 part being only thirty feet in length, one or two ex- 
 tending to that of fifty feet, the Court directed the 
 usual reference to determine their character. 
 
 And, subsequently, in the case of the Twende 
 Brodre^, the Court observed that it was its every-day 
 practice to restore spars and balks of ordinary magni- 
 . tude, unless there was something special in the circum- 
 stances attending them to show that they have a posi- 
 tive destination to naval purposes. 
 
 Deals, Planks, Timber. 
 
 The character of these articles depend much upon 
 their destination, whether to a port of naval military 
 equipment or to one of a commercial nature.* 
 
 In the case of the Fredericus Ildus, May 26. 1747^, 
 the cargo consisted in part of hemp and fir deals, on a 
 voyage to Bourdeaux ; the hemp was condemned as con- 
 traband, and the fir deals were also confiscated; but 
 upon the ground of their belonging to the same owner. 
 
 ' p. 155. * Twende Brodre, 4 Rob. 38. 
 
 ! 1 Rob. 22. » P. 109. 
 
 ' i Rob. 36. 
 
1 CONTRABAND. 
 
 List of Ar- In the case of the Fortune cle la Mer^, they were 
 
 tides. , ^ 
 
 restored. 
 
 In that of the De Tweelinge^, a Prussian vessel, on ^ 
 destination to Brest and Rochelle, fir timber, forming 
 part of the cargo, was condemned. 
 
 In the explanatory article of the Danish Treaty of 
 1670^, timber for shipbuilding was declared to be 
 contraband, fir planks, planches de sapin, only excepted. 
 
 The eflfect of such an exception, however, must not 
 be considered as rendering this article generally contra- 
 band ; for in the case of the Ringende Jacob *, the Court 
 observed that it could not agree with the argument that 
 had been advanced, that, because an article was excepted 
 in some treaties as not contraband, it was to be so 
 considered where no exception in other treaties was 
 expressed. 
 
 Masts. 
 
 These are liable to be considered as contraband in 
 the judgment of even the most jealous advocates of 
 neutral commerce, and are always considered as such 
 unless protected by treaty, and that without reference 
 to their destination. 
 
 In the case of the T' slots Copenhagen^, Feb. 21. 1746, 
 several masts on board were condemned as contraband, 
 being large enough for men-of-war. 
 
 In the Neutralitdt^ reference is made to the cases of 
 some Dantzio ships, taken carrying masts to Cadiz, and 
 which were restored ; but these appear to have been 
 cases of proprietors exporting the produce of their own 
 territory, or that of neighbouring ports. 
 
 ' P. 33. « 1 Rob. 92. ; but see ante, 
 
 ° P. 105. p. 19. 
 
 " July 4. 1780, p. 239. ; Endiaght, ' P. 48. 
 
 1 Rob. 22. » 3 Rob. 296. 
 
CONTRABAND. ll 
 
 In the case of the Eleanora ', the cargo consisted in List of Ar- 
 part of BOAT AND HAND MASTS, which were both con 
 demned; and in the case of the Twende Brodie^, the 
 same decision was pronounced with reference to the 
 latter article. 
 
 Pipe States. 
 
 In the Fortune de la Mer ^ they formed part of the 
 cargo, and were restored ; and in that of the De Twee- 
 llnge*, the Court, in passing judgment, observed that 
 singly they would not be contraband. 
 
 Planks. 
 
 Yide Deal. 
 Where fitted for shipping, these articles are liable to 
 be treated as contraband, as was done in the case of the 
 Juffrow Susannah.^ The ship was bound from Dantzic 
 to Brest with a cargo of planks, &c., the property of 
 Dantzicker. Interrogatories were administered to wit- 
 nesses to prove that these articles were fitted for ship- 
 ping ; and upon this evidence they were condemned. 
 
 Oak Planks. 
 
 In the case of the Fortune de la Mer^, these, it would 
 appear, would have been condemned as contraband, 
 being fitter for shipbuilding than any other purpose, 
 but were restored as the produce of the neutral country. 
 
 EUCKERS, 
 
 In the case of the Eleanora '', ruckers from 20 to 26 
 feet in length, fit for boat masts, were condemned as 
 contraband. 
 
 ' 6 Rob. 331. « P. 67. 
 
 "- 4 Rob. 38. " P. 39. 
 
 ' P. 33. ' 6 Rob. 331. 
 
 * P. 108. 
 
 c 2 
 
lii CONTRABAND. 
 
 List of Ar- SpakS. 
 
 '* '^^ In the case of the Brigitta Catrina *, these articles 
 
 were of considerable length, and useful for shipping, and 
 were condemned as contraband. 
 
 They formed part of the cargo in the case of the 
 Twende Brodie"^, a Danish vessel taken on a voyage to 
 Brest, or St. Maloes. The directions given to the 
 captain invested him with a discretionary power of 
 selecting either port, and this power, it appeared in evi- 
 dence, he had, previous to capture, determined to exer- 
 cise in favour of the latter, a commercial port. Under 
 these circumstances the Court decreed restitution, ob- 
 serving that it was an every day's practice to restore 
 spars of ordinary magnitude, unless there was something 
 special in the circumstances attending them to show that 
 they had a positive destination to naval purposes ; but 
 in the subsequent case of the Eleanora, before cited, 
 with a destination to Amsterdam, on the report of the 
 Commissioners of Her Majesty's Dockyard, they were 
 condemned as contraband. 
 
 Staves. 
 
 Vide p. 95. 
 In the case of the De Juffrow Susannah^, bound 
 from Dantzic to Brest, the cargo consisted partly of pipe 
 staves ; these were directed to be restored. In tiiat of 
 the Friendship ^, which was that of a vessel condemned 
 as a transport in the service of the enemy, a quantity of 
 hogshead staves were also condemned ; but it does not 
 appear from the report whether they were the property 
 of the owner of the vessel, and therefore condemned, or 
 
 ' P- 155. 3 p_ 74 
 
 ^ 4 Rob. 33. 4 6Eob. 421. 
 
CONTRABAND. liH 
 
 whether they were considered as being themselves con- List of Ar- 
 traband from any peculiar circumstances. ^'^ ^^' 
 
 Wales. 
 
 These are planks forming the sides of the vessel, and 
 therefore liable to condemnation. In the case of the 
 Fortune de la Mer^, they appear to have been restored, 
 as the produce of the neutral country. 
 
 WOOD. 
 
 In the case of the St. Boa Ventura'^, heavy wood of 
 use in shipping was held to come under the nature of 
 contraband, as part of the equipage of ships. 
 
 COALS. 
 
 In the case of the Young Andreas^, the cargo con- 
 sisted in part of seventy tons of coals ; but as the captors 
 did not insist on their condemnation, they were restored, 
 the Court declining to express any opinion respecting 
 them further than to observe that they were of great 
 use to an enemy. 
 
 In the present application of steam to purposes of 
 war, this article would, without doubt, if destined to a 
 port of naval military equipment, be considered as falling 
 under the description of contraband. An opinion to this 
 effect was expressed in Parliament in July, 1854, by Sir 
 James Graham, in answer to a question addressed to 
 him, as First Lord of the Admii-alty, on that subject. 
 
 TOBACCO. 
 
 Yide p. 86. 
 This is an article which has given rise to much con- 
 
 ■ p. 34. ^ 141. ' P 99. 
 
 c 3 
 
liv CONTKABAKD. 
 
 List of Ar- troversy ; the question was, in former times, violently 
 
 debated between the English and the Spaniards, the 
 latter maintaining that, as an article of provision, it fell 
 under the list of contraband articles. (Zouch, de Jure 
 Fee, part 2. §§ 8. 2. 1 2.) In this opinion Heineccius 
 expresses his concurrence. (2?e nav. ob vect. § 14.) 
 Bynkershoek, however, considers that as it cannot be of 
 any use as an instrument of destruction, it ought not 
 to be included in the list of prohibited articles. ( Quasi. 
 Jur. Publ. 1. 1. c. 10.) 
 
 In the case of the Adams {Edw. 305.), the question 
 before the Court related to a breach of the Revenue 
 Laws, and in the course of his judgment Lord Stowell 
 entered into an examination of the nature of this article, 
 and expressed his opinion that it could not be considered 
 to be one of food. 
 
 WAX. 
 
 In the case of the De Endraght ', wax, forming part 
 of the cargo, was ordered to be restored. 
 
 QUASI-CONTEABAND. 
 
 Despatches — Passengers. 
 
 taTd!'''"""^^' Assistance may, however, be rendered to an enemy by 
 a neutral in many other ways than by the supply of such 
 material articles as have been already mentioned, particu- 
 larly by the comtnunication of information and orders 
 
 ' P. 123, 
 
CONTRABAND* Iv 
 
 from the belligerent government to its officera abroad, or Quasi-cohtro' 
 the conveyance of military passengers. ^^^^' 
 
 That more aid may thus be rendered to any enemy than 
 by any quantity or description of cargo is evident, and 
 accordingly such a proceeding is justly considered as being 
 at variance with the duties of a neutral, and contrary to 
 the precepts of international law, and may be not inaptly 
 termed quasi-contraband. 
 
 In the case of contraband, except under peculiar cir- 
 cumstances of aggravation and maid fides, it has been 
 considered sufficient penalty to subject the articles in 
 question to confiscation. To apply such a punishment 
 in these cases would, however, be ridiculous, and it has 
 therefore become necessary to resort to a more stringent 
 measure, viz., that of condemning the vessel, and some- 
 times even the cargo.^ 
 
 I. With respect to Despatches. 
 
 On the capture of a vessel it is the duty of the master Despatches, 
 to deliver up all papers in his possession immediately. 
 By the 17th and other interrogatories, particular inquiry 
 is made as to all papers that may have been on board at 
 the time of the sailing of the vessel. In addition, there- 
 fore, to the delivery of the papers in his own custody, the 
 master is bound, on his examination, to give any informa- 
 tion he may be in possession of respecting papers that 
 may have been brought on board, or received by other 
 parties than himself, and which may not be under his 
 control. 
 
 Any concealment^ in these matters will be severely 
 visited aa a breach of the duty he owes, as a neutral, to 
 
 ' Atahnte, 6 Rob. 459. ' Caroline, 6 Kob. 461. n. 
 
 c4 
 
Ivi 
 
 CONTKABAND. 
 
 Quasi-contrar the belligerent; nor will it be permitted him to plead 
 
 ^ ' , iffnorance of the transaction, or that he has been the victim 
 
 Despatches. ° , 
 
 of superior force. If the service be injurious, that will be 
 sufficient to entitle the belligerent to protect his interests 
 by enforcing the penalty of confiscation ; the neutral 
 master must seek his redress for any loss or damage he 
 may sustain from those who have been the means of 
 placing him in such a position.^ 
 Private letters. Should the papers ^ in question prove to be private 
 letters, they are viewed in a favourable light ; the con- 
 veyance of them will entail no penalty, although it may 
 subject the parties to the expense and inconvenience of 
 being brought in for examination. Where there are any 
 circumstances of a suspicious nature connected with them, 
 great care and precaution are necessary. 
 
 In the case of the Richmond^, it appearing that the 
 master had received some letters from prisoners of war at 
 St. Helena, to be delivered at the Isle of France, under 
 the pretended sanction of a British officer, the Court ex- 
 pressed its disapprobation of such a proceeding without 
 the express previous permission of the proper authorities. 
 
 With reference, ho\v'ever, to public despatches, the 
 case is very different ; these are capable of producing the 
 most important consequences in the operations of the enemy. 
 The conveyance of them is a service, therefore, which, in 
 whatever degree it exists, can only be considered in one 
 character, as an act of the most noxious and hostile nature. 
 
 In establishing the distinction between public and pri- 
 vate despatches, the consideration of the apparent contents 
 is entitled to little weight, as it is evidently so easy to 
 
 Public de 
 spatches. 
 
 ' Caroline, 4 Eob. 261. ; Oro- 
 zembo, 6 Rob. 435.; Caroline, cd. 
 461. n. 
 
 2 Caroline, 6 Rob. 469. 
 ' 6 Rob. 325. 
 
CONTUABAND. Ivii 
 
 disguise their real meaning, and notorious how frequently Quasi-contra- 
 and effectually this is done. ^° ' 
 
 Public despatches may be defined to be, all official Despatches, 
 communications of official persons on the public affairs of 
 the government^ relating to the public business of the 
 enemy, be it great or small. The true criterion is, that 
 they are on the public business of the state, and passing 
 between public persons for the public service. 
 
 The case of the Atalanta ^ was that of a Bremen ship, 
 which sailed from the Isle of France, and on board which 
 were found despatches from the governor of that, island, 
 addressed to different public offices at Paris, relating to 
 the distress of the colony, and applying for assistance. 
 
 These had not been delivered up with the ship's papers, 
 but were discovered concealed in the possession of one of 
 the supercargoes. 
 
 In explanation it was stated that the governor had 
 detained the ship several days, and forced the first super- 
 cargo, in spite of his remonstrances, to take charge of 
 these papers ; that, on the appearance of any strange vessel 
 in sisrht. he was instructed to deliver them to a colonel in 
 the French service, who had shipped himself as a planter ; 
 that this had been done, and by him they had been trans- 
 ferred, concealed in a box of tea, to the second supercargo, 
 in whose possession they were found. 
 
 The Court observed that it was satisfactorily demon- 
 strated, that there were papers received on board as public 
 despatches knowingly by those who were the agents of 
 the proprietors of both ship and cargo, and accompanied 
 with circumstances of a fraudulent concealment and sup- 
 pression. That the simple conveyance of despatches was a 
 
 ' Caroline, 6 Rob. 465. ' 6 Rob. 443. 
 
Ivili 
 
 CONTEABAND. 
 
 Quasi-contra- 
 band. 
 
 Despatches, 
 
 From ambas- 
 sador of enemy 
 in neutral 
 country. 
 
 service highly injurious to the other belligerent', and that 
 a neutral, by rendering that service, places himself in the 
 state of an enemy, and is justly to be considered in that 
 character, and condemned the ship ahd cargo. 
 
 In the case of the Sally i, an American shipj a packet 
 was fotind on board, which did not appear to have con- 
 tained more than a letter addressed to the Prefect of 
 Isle of France, and providing for the payment of his 
 salary, but which had not been produced to the captors. 
 
 The Court, observing on the then recent occurrence of 
 many similar cases, declared its determination to consider 
 the non-production of such papers to the captors in the 
 first instance as a proof of fraud, and condemned the ship, 
 but, under the circumstances, restored the cargo. 
 
 But where the vessel ^ had sailed before the commence- 
 ment of the war, and the despatches from the French 
 minister were altogether of a commercial nature, the case 
 received a favourable consideration, and restitution was 
 decreed. 
 
 An exception Is also made where the despatches were 
 from an ambassador of the enemy resident in a neutral 
 country, and addressed to his own government. 
 
 Thus, in the case of the Caroline ^ this vessel was 
 captured on a voyage from New York to Bourdeaux, and 
 had on board despatches from the French minister in 
 America to the government in France. 
 
 Sir "W. Scott, in giving sentence, observed, " This is 
 not the case of despatches from any part of the enemy's 
 territories, whose commerce and communication of every 
 kind the other belligerent has a right to interrupt, but 
 from a neutral country which has a right to preserve its 
 relations with the enemy, and whose integrity in not 
 
 ' 6 Rob. 456. " Sally, cited 6 Rob. 456. « 6 Rob. 461, 
 
COXTEABAND. lix 
 
 participating in any degree in a communication of the Quasi-conira- 
 nature of hostility against you must be presumed. Despatches 
 
 The person too employed in the correspondence is not 
 an executive officer of the Government acting simply in 
 the conduct of its own affairs within its own territories, 
 but an ambassador resident in a neutral state for the 
 purpose of carrying on the communications of peace and 
 amity for the interests of his own country primarilyj but 
 at the same time for the furtherance and protection of the 
 interest, which the neutral country also has in the con- 
 tinuance of these relations. 
 
 The neutral violates no duty in bearing despatches 
 which, as far as he knows, may be presumed to be of an 
 innocent nature and in the maintenance of a pacific con- 
 nection ; but, in so doing, he is fairly subject to the 
 inconvenience of having his vessel brought in for examin- 
 ation." 
 
 The ship and cargo were restored on payment of 
 captor's expenses. 
 
 11. Conveyance of Passengers. 
 
 In judging of the conduct of a neutral vessel, on board Passengers. 
 which subjects of the enemy may be found as passengers, 
 a distinction is naturally made as to their character — Character, 
 those in a mere civil capacity being in general only 
 subject to a temporary detention, accompanied however 
 with loss of property, those in the actual military service 
 of the enemy being detained as prisoners of war : in the 
 case of persons of the latter description it is immaterial 
 Yvhat may be the number conveyed, as fewer persons of Number. 
 
rlx 
 
 CONTEABAND. 
 
 ii-contra- 
 
 band. 
 
 Transport. 
 
 high cliaracter may be of more importance than a greater 
 number of persons of lower condition.' 
 
 A more favourable consideration is applied to the case 
 of invalided soldiers or disabled sailors, and to that even 
 of a military officer proceeding on a voyage as an ordinary 
 passenger and at his own expense.^ 
 
 In their case, as in that of civilians, much would depend 
 upon the circumstances under which they were travelling 
 and their connection with the belligerent government. 
 
 In the case of the Friendship^, there were on board ninety 
 passengers, French mariners shipped under the direction of 
 the French minister in America on a voyage from Bal- 
 timore to Bordeaux ; the cargo consisting of a few articles 
 of commerce, and being merely a nominal one. 
 
 Sir Wm. Scott, having observed that he knew of no 
 precise technical definition of transport vessels more than 
 this, that they were vessels hired by the Government to do 
 such acts as should be imposed upon them in the military 
 service of the country, expressed his opinion that this 
 vessel was to be considered as a French transport, and 
 that it was not necessary to prove that these parties were 
 going on an immediate active expedition. 
 
 Looking at the description given of the men on board, 
 he was satisfied that they were as efiective members of 
 the French marine as any could be, and that their con- 
 veyance could not be an innocent occupation of the vessel. 
 He, therefore, condemned the ship and cargo. 
 
 The case of the Orozembo * was that of a vessel which 
 had been engaged for the purpose of conveying three 
 military officers and two persons in civil departments to 
 
 Orozembo, 6 Rob. 434. 
 Friendship, 6 Rob. 428. 
 
 ' 6 Rob. 420. 
 * 6 Rob. 430. 
 
CONTRABAND. Ixi ' 
 
 the settlement of the enemy. Of the nature of the service Quasi-contra- 
 in which he was engaged ', the master, it appeared, was Passengers. 
 entirely ignorant. 
 
 Sir Wm. Scott, with reference to the military officers, Military, 
 observed, that the principle on which he determined the 
 such case was, that the conveying persons to the colony of 
 an enemy, who are there to take on themselves the exercise 
 of their military functions, will lead to condemnation, and 
 that the Court is not to scan with minuteness the number 
 of persons that are so carried. 
 
 With reference to the civilians on board, he remarked ^ Civiliaus. 
 that, in that case, it was not necessary to determine 
 whether the principle would apply to them alone : on 
 principle, however, it appeared to be but reasonable that, 
 whenever it is of sufficient importance to the enemy that 
 such persons should be sent out on the public service at 
 the public expense, it should afford equal ground of for- 
 feiture ; nor could he admit the plea of ignorance in ex- 
 tenuation of the offence. He therefore pronounced that 
 the vessel was liable to be considered as a transport in the 
 service of the enemy, and, as such, subject to condem- 
 nation. 
 
 III. Contraband as deolaked bt Treaty, 
 
 The subject of contraband has formed the substance of Treaiic?. 
 several articles in treaties of peace and commerce entered 
 into at different times between this country and foreign 
 powers. Extracts from treaties containing these articles 
 will be found in the Appendix. 
 
 The course of events which liave occurred in the last 
 sixty or seventy years, and the general prevalence of 
 
 ' Orozemho, 6 Rob. 433. ' Id., 6 Rob. 434. 
 
Ixii COKTEABAND. 
 
 Treaties. hostllitleSj during the early part of that time, have in many 
 
 cases put an end to particular treaties, it being a general 
 principle that the intervention of war between two countries 
 determines all treaties entered into between them. 
 
 A reference to particular treaties is, however, some- 
 times necessary in illustration of the reports of cases, the 
 decision of which may have depended upon the construc- 
 tion of them. Many of the cases in this volume, extracted 
 from the papers of Sir George Lee, afford proofs of this 
 necessity. 
 
 Some of these treaties, again, from the peculiar relations 
 between the countries, still continue in force, as is the case 
 with Denm.ark and Sweden. The learned Judge of the 
 Admiralty Court, Dr. Lushington, in giving judgment in 
 the case of the Franciska, Jan. 27. 1855, declared the 
 treaties of 1670 with Denmark, and of 1661 with Sweden, 
 to be still in force. 
 
 In other cases they have been confirmed and revived 
 by express reference in later treaties between the same 
 powers. 
 
 Thus, in the additional articles between this country 
 and Spain, signed at Madrid, August 28. 1814, 
 
 It is agreed that, " All the Treaties of Commerce which 
 at that period (viz. previously to the year 1796) subsisted 
 between the two nations are hereby ratified and con- 
 firmed. " ^ 
 
 In the treaty with Turkey, concluded at the Dardanelles 
 Jan. 5. 1809S 
 
 Art. 4. It is agreed that, " The Treaty of Capitulation 
 agreed upon in the Turkish year 1086, A. D. 1675 . . . . 
 shall continue to be observed and maintained, as if the 
 
 ' Frau Ilsalte, 4 Rob. 64. ' Hertskt, 2 v. p. 271. » Id. p. 373. 
 
CONTKABAND. 
 
 Ixiii 
 
 the relations between the two countries had suffered no Treaties, 
 interruption ; " 
 
 Or they have been referred to in, and made parts of, 
 treaties between different states. 
 
 Thus, in the treaty between Great Britain and Mexico 
 London, Dec. 26. 1826', it is stipuhited that the subjects of 
 the former country shall enjoy all the privileges and im- 
 munities they were entitled to under the convention with 
 Spain of the 14th July, 1786; 
 
 Or, lastly, the reference may be still more general, as 
 in the treaty with Portugal, signed at Kio de Janeiro, 
 19th Feb. 1810, which stipulates in the 28th Art., 
 
 " That under the name of contraband shall be compre- 
 hended, not only arms, &c.j .... but generally all other 
 articles that may have been specified as contraband in any 
 former treaties concluded by Great Britain or by Portugal 
 with other powers."^ 
 
 Hertslef, 3 v. p. 253. 
 
 Hertslet, 2 v. p. 69., and post App. p. 248. 
 
 The following is a List of the Articles referred to under the Head of 
 Contraband, in the Treaties from which Extracts will be found in 
 the Appendix, p. 207. 
 
 Ammunition, 209. 
 
 Anchors, not contraband, 227. 231.234.240. 
 
 Armature, 226. 
 
 Armour, 230. 
 
 Arms, 208. 209. 213. 219. 226. 233. 240. 
 
 247, 248, 249. 
 Articles, 248. 
 Backs, 209, 
 
 Ball, 209. 219.230. 238, 239, 240. 243. 
 
 248, 249. 
 
 Bandoliers, 200. 210. 213. 219. 221. 22G. 
 230. 239, 240. 243. 247, 248, 249. 
 
 Barley, not contraband, 227. 230. 234. 
 
 240. 
 Beams, not, 227. 234. 
 Beer, not, 227. 231. 234. 240. 
 Belts, 210. 213. 220, 221. 227. 230. 234. 
 
 238,239, 240. 243. 247, 248, 249. 
 Boards, not, 227. 231. 234. 
 Bombs, 210. 213. 219. 221. 230. 238, 239, 
 240. 243, 244. 248, 249. 
 
 ,. and fusees, 233. 247. 
 Brass, not, 234. 240. 247, 248. 
 Brass wire, not, 247, 248. 
 
Ixiv 
 
 CONTRABAND. 
 
 Breastplates, 210. 213. 220. 234. 239. 
 
 Breasts, 219. 
 
 Bridles, 238, 239, 240. 
 
 Bullets, 219. 221. 226. 230. 238, 239. 244. 
 
 247. 
 Butter, not, 227. 231. 234. 240. 
 CaWes, not, 234. 240. 
 Cannon, 221. 230. 238, 239, 240.243,244. 
 
 248, 249. 
 Cannon-balls, 210. 213. 233. 
 Carcasses, 239, 240. 243. 247, 248, 249 
 Carriages, 221. 
 
 „ for cannon, 239, 240, 241. 243. 
 
 248, 249. 
 „ for guns, 219. 
 Cartouch-boxes, 238, 239. 244. 
 Cases of pistols, 220. 
 Cavalry equipment, 247. 
 Cheese, not, 227. 231. 234. 240. 
 Cloth, not, 227. 240. 
 Clothes, not, 230. 234. 
 Clothing, nOt, 227. 
 Coals, not^ 227. 230. 234. 240. 
 Coats of mail, 210. 213. 221. 226. 234. 
 
 247. 
 Commodities, not, 231. 
 Copper, not, 227. 230. 234. 240. 
 „ red, 247, 248. 
 „ sheets, 239. 243. 249. 
 Cordage, not, 231. 239. ? 240. 243. ? 249. ? 
 Corn, not, 209. 220, 221. 227. 230. 234. 
 240. 
 
 „ except to besieged places, 209. 
 Corsets, 226. 
 
 Cotton, not, 227. 230, 231. 234. 240. 
 Cuirasses. 210. 213. 230. 238, 239. 243, 
 
 244. 247, 248, 249. 
 Dried fish, not, 227. 231. 
 
 ' „ 'flesh, not, 231. 
 Dresses, not, 230. 
 Engines, 208. 
 Fir planks, 2 39. 243. 249. 
 Fire-arms, 219. 221. 230. 238. 244. 
 Five-balls, 210. 213. 219. 226. 233. 
 Fire-crancels, 219. 221. 
 Fish, not, 227. 
 
 Flax, not, 227. 231. 234. 240. 
 Flesh, not, 227. 
 Flints, 238. 240. 
 Flintstone, 239. 
 
 Furniture for horses, 213. 227. 221. 234. 
 239. 243. 249. 
 „ military, 209. 
 „ -warlike, 208. 
 Fusees, 210, 213. 238, 239. 
 
 Garments, not, 227. 
 Gold, not, 227. 230. 
 
 „ uncoined, 234. 240. 
 
 „ coined, 227. 234. 240. 
 Grain, 220, 221. 230. 
 Grenades, 210. 213. 219, 220. 228. 230. 
 
 233. 238, 239, 240. 243, 244. 248, 249. 
 Guardship, 213. 247. 
 Gun, 208. 210. 213. 226. 
 
 „ great, 233. 
 Gunpowder, 209, 210. 213. 219. 226. 233. 
 
 239, 240. 243. 247, 248, 249. 
 Halberts, 210.213. 219.221.226.230.233. 
 
 239, 240. 243. 247, 248, 249. 
 Harnesses, 220. 230. 240. 248. 
 Harquebosses, 240. 248. 
 
 Headpieces, 210. 213. 221. 230. 233. 237. 
 
 240. 243. 248, 249. 
 
 Helmets, 210. 213. 219. 228. 233. 240. 247, 
 
 248. 
 Hemp, 227. 231, 234. 239, 240. 243. 247. 
 
 249. 
 Herrings, 248. 
 Holsters, 210. 220. 227. 239, 240. 243. 248, 
 
 249. 
 Horses, 209, 210. 220, 221. 227. 230. 239. 
 
 240. 248. 
 Implements, 208. 210. 234. 239, 240. 243. 
 249. 
 „ troop, 240. 
 
 „ fit for war, 208. 226. 
 
 Iron, 227. 230. 234. 240. 
 
 „ nnwrought, 249. 
 
 „ bars, 247, 248. 
 
 „ barrel, 209. 
 Javelin, 219. 221. 239, 240. 243. 248, 249. 
 Lance, 210. 213. 226. 230. 233. 239. 243, 
 
 244. 247. 249. 
 Lead, not, 227. 234. 236. 240. 
 Linen, not, 230. 
 Logs, not, 231. 
 Machines, warlike, 208. 
 Manufactured articles, 247. 
 Mariners, 226. 
 Masts, not, 227. 231. 
 Match, 210 213. 219. 221. 226. 230. 233. 
 
 238, 239, 240. 243, 244. 247, 248. 
 Material, not, 227. 240. 
 Men of war, 208. 
 
 „- to besieged places, 209. 
 Money, 208. 210. 213. 226. 247. 
 Morions, 220. 
 
 Mortars, 210. 213. 230. 233. 238, 239, 240. 
 243, 244. 247, 248, 249. 
 
 „ pieces, 219. 221. 226. 
 
CONTRABAND. 
 
 Ixv 
 
 Munition, 208. 
 
 Muskets, 209, 210. 213. 219. 221. 226. 228. 
 233. 239. 243. 249. 
 „ balls, 210. 233. 247. 
 „ bullet, 203. 
 „ shot, 226. 
 „ stocks, 230. 
 
 rests, 210. 213. 219. 234. 239, 240. 
 243. 247, 248, 249. 
 Oil, not, 220, 221. 227. 231. 234. 240. 
 Ordnance, 219. 
 
 „ pieces, 226. 
 Partisans, 230. 
 Petards, 210. 213. 219, 220, 221. 230. 233. 
 
 239, 240. 243. 247, 248, 249. 
 Pikes, 210. 213. 219. 220. 226. 230. 23.?. 
 
 238, 239, 240. 243, 244. 247, 248, 249. 
 Pistols, 210. 213. 238, 239, 240. 247. 
 249. 
 „ stocks, 230. 
 Pitch, 227. 231. 234. 240. 247. 
 
 „ hoops, 220, 221. 
 Planks, 227. 234. 240. 247. 248. 
 
 „ oak, 247. 
 Pots, 219. 
 Pouches, 238. 
 
 Po-wder, 221. 226. 230. 238, 239. 244. 
 Provisions, 200. 208. 213. 226, 227. 231. 
 234. 240. 247. 
 „ except to besieged places, 209. 
 
 Pulse, 209. 220, 221. 227. 230. 234. 240. 
 Resin, 239, 240. 243. 247. 249. 
 Bests, 220. 226. 
 Ropes, 227. 234. 
 Sabres, 244. 
 Saddles, 238, 239. 244. 
 „ holsters, 221. 
 Sails, 227. 231. 234. 239 240. 243. 245. 
 249. 
 „ cloths, 234. 240. 
 Salt, 220, 221. 227. 231. 234. 240. 
 Salted fish, 227. 231. 134. 240. 
 
 Salted flesh, 231. 234. 240. 
 
 Saltpetre, 210. 213. 219, 220. 226. 230. 233. 
 
 238, 239, 240. 243, 244. 247, 248, 249. 
 Saucisses, 239, 240. 243. 247, 248. 
 Shield, 230. 
 Ships, 226. 
 
 „ of war, 210. 213. 247. 
 
 „ masts, 234. 240. 
 
 „ articles for repairs of, 234. 240, 
 Silk, 227. 2.30. 234. 240. 
 Silver, 221. 227. 230. 
 
 „ coined, 227. 2,34. 240. 
 „ uncoined, 234. 240. 
 Smoked flesh, 227. 234. 240. 
 Soldiers, 210. 213. 220. 226, 227. 230. 
 Spears, 210. 213. 226. 233. 
 Spices, 227. 230. 234. 240, 
 Steel, 247. 249. 
 Stuff, manufactured, 230. 
 Sugar, 227. 231. 234. 240. 
 Sulphur, 238, 239. 244. 
 Swords, 210. 213. 219, 220. 226. 230. 233. 
 
 238, 239. 240. 243. 247. 249. 
 Tar, 234. 239, 240. 243. 247. 249. 
 Tallow, 240. 
 
 Timber, 239, 240. 243. 249. 
 Tin, 227. 230. 234. 240. 
 Tobacco, 221. 230. 234. 240. 
 Troop horses, 247. 
 
 Uncoined gold and silver goods, 227. 230, 
 Unworked, 240. 
 TJnwrought iron, 239. 243. 284. 
 Utensils of war, 221. 
 Vessels; articles fit for equipment of, 239. 
 
 „ of war, 249. 
 Victuals, 208. 
 Wearing apparel, 234. 240. 
 Wheat, 220, 221. 227. 234. 240. 
 Wine, 220, 221. 227. 231. 234. 240, 
 Wood, 227. 231. 
 Wool, 227. 234. 240. 
 Woollen, 230. 231, 
 
Ixvi CONTKABAND. 
 
 IV. Contraband by Notification. 
 
 Notification. Under this head may also be included the question 
 
 relating to Orders in Council, and Instructions to Priva- 
 teers. These, it must be presumed ', have been re- 
 gularly communicated by their respective Governments 
 to neutral nations. 
 
 In giving judgment in the case of the De Tweelinge, 
 of which a report will be found at p. 108., the Court 
 stated, " That Sovereigns have a right to declare what 
 shall be deemed contraband, and have always done so." 
 And again, in that of the De Klein David *, " Princes 
 declare sometimes things to be contraband, which are 
 not BO in their nature, and in these cases notifications 
 thereof are given to other Sovereigns."^ 
 
 It must not, however, be concluded that Sovereigns 
 claim for themselves the power of declaring, at their own 
 mere will and pleasure, what shall be held to be con- 
 traband, independent of the nature of the articles them- 
 selves, and the circumstances of the times; the more 
 correct opinion would probably be found to be, tliat the 
 effect of such notification was, rather to state a deter- 
 mination, on their part, to consider as contraband articles, 
 which, though in strictness falling under that category, 
 had not been previously treated as such, or which, 
 although of an innocent nature, had, from altered cir- 
 cumstances of times, become applicable to purposes of 
 war, and therefore liable to confiscation. 
 
 In his celebrated judgment in the case of the Maria^, 
 
 a Swedish vessel. Lord Stowell emphatically states, 
 
 ' P- 49- public notification to all the world. 
 
 ' P. 177. ; see also p. 40. Vide p. 195. 
 • But such notification in the ' 1 Rob. 350. 
 
 opinion of Sir L. Jenkin, must be a 
 
CONTRABAND. Ixvii 
 
 " That it is his duty, as Judge of the Admiralty Court, Notification. 
 to administer, with indifference, that justice which the 
 law of nations holds out without distinction to Indepen- 
 dent States, some happening to be neutral, and some to 
 be belligerent; to determine the questions brought 
 before him exactly as he would determine the same 
 question if sitting at Stockholm ; to assert no pre- 
 tensions on the part of Great Britain which he would 
 not allow to Sweden, in the same circumstances, and to 
 impose no duties on Sweden, as a mercantile country, 
 which he would not admit to belong to Great Britain 
 in the same character." And in the same spirit, Sir 
 James Mackintosh,' as Judge of the Admiralty Court 
 at Bombay, expressed his opinion of the duty imposed 
 upon him in that capacity, of regulating his conduct by 
 the known and generally received law of nations, and 
 not to obey any instructions, where they attempted to 
 extend the law of nations injuriously to neutrals. 
 But whenever such a question is raised before the Court, 
 the presumption is, that any instructions, proceeding from 
 the Government, are in conformity with the precepts of 
 International Law." 
 
 The case of the Fox and others was that of several 
 American vessels brought in for condemnation, under the 
 Orders of Council of the 26th April, 1809, imposing a 
 blockade on all parts and places under the government of 
 France, and which were issued in retaliation of the violent 
 measures adopted by that government against the com- 
 merce of this country. The Court expressed its opinion 
 that, as retaliatory measures, they were strictly conform- 
 able to the principles of the law of nations, and that it 
 
 ' rWchisLife, It. .319. 'Edw.314. 
 
 d2 
 
Ixviii CONTRABAND. 
 
 Notification. rested with the Government to declare when such orders 
 should be revoked, in consequence of a change in the 
 conduct of the enemy. Till the State ^ revokes these, the 
 Court is bound to presume that the necessity continues 
 to exist, and to enforce their execution. 
 
 In the similar and subsequent case of the Snipe and 
 others^, the same question came before the Court, and the 
 validity of the Orders in Council was upheld on the same 
 grounds. 
 
 When, however, the conformity of the proceedings of 
 the Government to the principles of International Law 
 was not so evident, the Court would hardly consider it 
 consistent with the respect due to its own government to 
 imagine that any conduct repugnant to these principles 
 could be adopted by it, and would rather consider it to be a 
 question for negotiation between the neutral government 
 and that of the captors. 
 
 Such would appear to have been the case with the 
 American corn ships in the year 1795. 
 
 In the month of April of that year an Order in Council 
 had been issued, directing British cruisers to stop and 
 detain all vessels laden, wholly or in part, with corn, flour, 
 meal, and other articles of provision, and bound to any 
 port in France. 
 
 Under this order several seizures of American vessels 
 were made, the legality of which became the subject of 
 discussion before a mixed Commission, and ultimately full 
 indemnification was allowed by the commissioners to the 
 claimants.' 
 ^" It now only remains to consider the consequence of 
 
 carrying contraband. 
 
 ' Courier, Ed\T. 249. ' Edw. p- 381. ' Wheeton's Inter. Law, p. 661, 
 
CONTRABAND. IxiX 
 
 The first is, of course, the confiscation of the article Penalty, 
 itself, of which every case of condemnation affords an 
 example. 
 
 By the ancient law of Europe the confiscation was also 
 extended to the vessel, the medium of conveyance, and 
 instrument of offence.* 
 
 But in the modern practice of the Court of Admiralty 
 a relaxation has been introduced and a milder rule has 
 been adopted. Independent of the forfeiture of the article 
 of contraband, the conveyance of it is, in general, only 
 attended with loss of freight and condemnation in expenses 
 of bringing it in together with the costs of suit.* 
 
 Where, however, part of the cargo had been restored 
 before the condemnation of the contraband articles, it was 
 considered to have been separated from the ship, and the 
 freight allowed as a charge upon it.' 
 
 This relaxation, however, is only extended to the pro- 
 perty of such parties as may fairly be supposed to be free 
 from all participation in the offence, the known ground 
 on which it was introduced being the supposition that 
 freights of noxious or doubtful articles might be taken 
 without the knowledge of the owner*; where, therefore, 
 in the case of the De Vrow Anna Maria^, the contraband 
 goods were put on board the ship by the consent and 
 privity of the owners, it also was included in the same 
 sentence of condemnation. 
 
 And if the ship and contraband articles belong to Sane owner. 
 
 ' Singende Jacob, 1 Rob. SO. ; ' Oster liisoen, 4 Rob. 200. 
 
 Mercunus, 1 Rob. 288. * P. 115.; see also Neutralitie, 
 
 2 Sarah Christina, 1 Rob. 242. ; 3 Rob. 297.; Franklin, 3 Rob. 221. 
 
 Mercurius, ed. 288. n. ; Neutralitie, n. 
 
 a Rob. 297. ' P- 122. 
 
Ixx 
 
 CONTRABAND. 
 
 Penalty. 
 
 Master part 
 owner. 
 
 Taint. 
 
 Male fides. 
 
 Removal of 
 Taints. 
 
 the same owner, they will both fall under the same con- 
 demnation.' 
 
 This will also be the case when the master is part 
 owner ^; arid, in general, the owners of the ship are bound 
 by his acts, the master being agent for the ship, though 
 not necessarily for the cargo.' 
 
 The taint of contraband also extends to all property on 
 board belonging to the owners of the contraband articles*; 
 but all innocent articles belonging to diiFerent owners are 
 entitled to restitution.^ 
 
 It must also be observed that this relaxation of the 
 penalty is a benefit which can only be claimed in fair 
 cases.^ Thus, when the vessel was sailing with a false 
 destination', or involved in an act of ill faith*, it was 
 condemned. 
 
 Generally speaking, all taint is removed by the dis- 
 charge^ of the cargo, or an abandonment of the design'": 
 the penalty will, however, attach to the return voyage, if 
 false papers" have been used on the outward one; but it 
 will not be allowed to be enforced when the vessel has 
 in the meantime made an intermediate'* voyage. 
 
 ' Jonge Tobias, 1 Eob. 329. ; 
 Sarah Christina, 1 Rob. 242. 
 
 ' P. 119. Carolina, C Rob. 461. 
 Itichmond, 5 Rob. 338. 
 
 ' Imina, 3 Rob. 170. Atalanta, 
 6 Rob. 460. 
 
 * Pp. 112. 147. 170. Sarah Chris- 
 tina, 1 Rob. 242. 
 
 ' OsterRisoen, 4 Rob. 199. 
 
 » Franklin, 3 Rob. 223. 
 
 ' FlorealCommercium, SJloi.VS 
 Edward, 4 Rob. 68. 
 
 » Ranger. 6 Rob. 197. 
 
 ' Jmmanud, 2 Rob. 195. 
 
 '"Maria, 1 Rob. 374.; Imina, 
 3 Rob. 169. 
 
 " Rosalie and Betty, 3 Rob. 343. j 
 affirmed on appeal, 4 Rob. List of 
 Cases. May 6. 1802. 
 
 " Christiansberg, 6 Rob. 381 u. 
 
LAW 
 
 OF 
 
 CONTRABAND OP WAR. 
 
EEPOETS OF CASES 
 
 DECIDED IN 
 
 THE HIGH COURT OY ADMIRALTY, 
 
 &c. &c. &c. 
 
 ANNA GALLEY. Claas Haetog, Master. anna Gallei. 
 
 V t 
 
 Anna GtALLet, Claas Hartog, Master, a Dutch ship 
 bound from Amsterdam, to Santa Crux, in Teneriffe; taken 
 
 ' Pope Gregory XUT. having ob- 
 served in the year 1582, that the 
 vernal equinox fell, according to the 
 almanacks of that period, on the 10th 
 day of March, but that in the year 
 325 (that of the Council of Nice), it 
 had fallen on the 21st day of that 
 month, in order to restore it to the 
 latter, itSi correct date, directed that 1 
 days should be omitted in the month 
 of October of that year, and provision 
 made to guard against any future ir- 
 regularities in that respect. 
 
 This regulation, which was imme- 
 diately adopted in the Roman Catholic 
 countries on the Continent, was not 
 introduced into this country until a 
 later period. 
 
 Hence arose in the intermediate 
 time, the difference between the Old 
 (o. s.) and the 'Sew style (n. s.), the 
 latter being nominally several days in 
 advance of the former, and the date 
 of any event denoted, for example, 
 thus : Dec. j^, 1674, the lower figure 
 representing the date according to 
 the new style. 
 
 In the year 1752 it was determined 
 to introduce this alteration into the 
 English Calendar. The difference 
 between thetwo styles then amounted 
 to 1 1 days, and it was accordingly 
 enacted by the 24 Geo. II. c. 23., that 
 BO many days should be omitted in 
 the month of September, and that the 
 3rd of that month should be ac- 
 counted the 14th. 
 
 The distinction between the two 
 styles is still retained in Russia, the 
 difference now amounting to 12 days ; 
 their 1st of January would be our 
 13th of that month ; and the date of 
 foreign letters or bills is represented 
 thus : — 
 
 Jan. 1—13. 
 
 Advantage was taken of the same 
 Act of Parliament to remove another 
 anomaly, arising from the use of two 
 different kinds of years, — one the his- 
 torical year, which began, as at pre- 
 sent, on the 1st of January ; the 
 other the civil or legal year, wliich 
 was also that of the Church of England 
 (m'&Com.Pray.,TableofMov.Feasts, 
 
 1740-1.1 
 
 Feb. 24. 
 Contraband 
 vessel seized on 
 suspicion. — 
 Neutral pro 
 perty. — Dutch 
 Treaty, 1674.— 
 Papers opened. 
 — Private in- 
 terrogatories 
 rejected. — Res- 
 titution with 
 expense and 
 damages. 
 
 B 
 
2 CASES DETERMINED IN THE 
 
 Anna Gallet. by the Vernon privateer, Captain Peter Bonnamy, Com- 
 l'746-l mander, near the Canaries, and brought to Bristol, sup- 
 Feb. 24. posed to be lawful prize. 
 
 The Master and others were examined there upon 
 interrogatories, by which it does not appear she had any 
 contraband goods on board. 
 
 Nor does it appear from the dockets or ship's papers, 
 but, on the contrary, that her cargo was lawful merchan- 
 dise, belonging to the subjects of the States General, 
 
 She had also been appraised and the cargo taken out, 
 but no contraband goods found on board. 
 
 Examinations upon interrogatories for the King : — 
 
 T. Claas Hartog. 
 
 1. Respondent is a native of Holland. 
 
 2. That he was taken on 14th Nov. 1740 by the 
 Vernon ; took the Vernon to be a Salleeman ; the Anna 
 Galley put up Dutch colours and fired one gun, 
 
 3. Bonnamy, when he had taken Respondent, showed 
 him his commission. 
 
 4. Bonnamy said he took him because he had cables and 
 anchors on board, and the crew of the Vernon said the 
 Anna had arms and ammunition on board. 
 
 5. Respondent was appointed master by Peter Robyn, 
 merchant of Amsterdam. 
 
 note, edition previous to 1752), and Feb. 24. 1740-1, 
 
 wMcb commenced on the day of tbe or Feb. 24. 174^ ; 
 Annunciation,the 25th day of March. 
 
 An event occurring between the the latter or lower figure indicating 
 
 Istof January and the 25th of March, the year now in use. 
 
 would bear two different dates, ac- By the same Act of Parliament, 
 
 cording to the year referred to, and it was enacted that both years should 
 
 might thus be, for example, either commence at the same time, viz. 
 
 Feb. 24. 1740, or Feb. 24. 1741, the 1st of January. Vide Grang. 
 
 and was represented thus : — Biog. Hist, of England, xiv., and n. 
 
HIGH COURT OP ADMIRALTY. 3 
 
 6. Her crew was twelve men, all Dutchmen taken at Anna Galley. 
 Amsterdam. i "740-1 
 
 7. The galley was Boston built at New England, Feb. 24. 
 burthen eighty lasts. 
 
 8. The galley was bound from Amsterdam to Santa 
 Crux, in Teneriff, where he was to receive orders whither 
 to proceed ; knows nothing to the contrary but said ship 
 was proceeding on a lawful trade according to treaties. 
 
 9. The owners of said ship toere Peter Robyn, a French- 
 man, and Peter Hooy, a Dutchman, both living in Amster- 
 dam and subjects to the States. 
 
 11. The whole lading was put on board at Amsterdam 
 in September and October 1740. The whole lading was to 
 be delivered at Santa Crux. The greatest part thereof, as 
 he understood, belonged to the owners of the said ship, but 
 does not know whether they were really their property or not. 
 The goods were consigned to the persons mentioned in the 
 bills of lading, but whether they were really designed for 
 them or for what purpose designed, he knows not, but 
 believes them to be for merchandise. 
 
 12. Does not know how many bills of lading he signed, 
 nor whether those he signed were colourable or not. 
 
 13. He has no other instruments in writing to prove 
 the property of the goods save the said bills of lading and 
 the other papers contained in the tin box, which he re- 
 ceived from Peter Robyn. 
 
 14. He was taken within half a league from the Grand 
 Canaries. 
 
 17. Cannot tell what damage he has sustained by the 
 capture of his ship ; expects to receive satisfaction for his 
 damage from the Privateer. 
 
 18, 19. Eespondent received from Peter Robyn, 
 whilst the ship lay in the Texel, a letter to the effect 
 
 E 2 
 
4 CASES DETEKMINED IN THE 
 
 AnnaGallet. following, viz.: — "Captain Claas Hartog, 12th October, 
 ' ' " 1740. Friend, the present serves to accompany the 
 
 Fel). 24. ' " enclosure for Messrs. Slynfert and Decher, of which 
 " please to take care, and in case of any rencontre, not to let 
 " it be seen, but to keep it concealed. I wish you heartily a 
 " good voyage, being your affectionate friend, Peter Kobyn." 
 Knows not what became of the letters enclosed in the said 
 letter unless they are in the tin box. 
 
 The Anna is qualified to carry twenty guns, but she 
 had but six mounted when the Vernon took her. She had 
 fourteen muskets on board, which lay in a chest near the 
 - cabin door, and four or six pistols, four blunderbusses, and 
 about twelve cutlasses, and about three cwt, of gunpowder, all 
 for the said ship's use, and she had also forty balls of shot. 
 On his arrival at Santa Crux, he was to follow the orders 
 of the Dutch Consul there, to whom the said ship was con- 
 signed, but knows nothing of any orders to sell her. 
 
 20. He was always on board the Yernon in her passage 
 from the Canaries to Bristol, and there were two Spaniards 
 also on board the Vernon. 
 
 II. Derrick Eabie. 
 Concordat. 
 
 8th Int. The Anna Galley at her setting out carried 
 cables, anchors, chests of flax, iron bars, iron hoops, and 
 tiles, which goods were on board at the time of her 
 capture ; doth not know whether she had any prohibited 
 goods on board or not. 
 
 III. Daniel William, mate. 
 Concordat. 
 
 8th. Int. Gives the same account of the cargo as Rabie. 
 Apprehends the Anna was going on a lawful voyage, and 
 knows of no contraband goods on board her. 
 
HIGH COURT OP ADMIRALTY. 5 
 
 Examination upon interrogatories' on behalf of the Anna Galley. 
 owners of the Vernon. 
 
 I. Pedro Alvarico, set. 18. 
 
 1. That he is a subject of the king of Spain. 
 
 2, 3. Respondent was captain of a brigantine, called 
 the Jesus of Nazareth ; departed from Santa Crux 15th 
 November, 1740, when there were six Spanish men-of- 
 war at anchor at Santa Crux, and several priva- 
 teers, &c. The privateers were waiting for two Dutch 
 ships to arrive from Amsterdam, to hring them a supply of 
 warlike stores of all kinds, as ordnance powder, match, and 
 guns, as well as a supply of naval stores, to enable them to 
 proceed on their intended voyage. Three days before his 
 departure from Santa Crux a ship arrived there from 
 HoUand, freighted wholly or in part with stores, which 
 ship Respondent saw discharged of a large quantity of 
 cordage of all kinds. 
 
 4. Hartog, when on board the Vernon, used to inquire 
 of Respondent if a ship from Holland was not arrived at 
 Santa Crux before Respondent's departure. Respondent 
 told him there was, whereupon he and several of his crew 
 then present, expressed themselves to be well pleased at the 
 arrival of their consort, and said they were both on the same 
 account. 
 
 5. A Privateer called the Spinoza awaited at Santa 
 
 ' It does not appear under what The answer, if taken, to any other 
 
 circumstances these interrogatories interrogatories, would be imme- 
 
 were administered to the witnesses. diately rejected by the Court, as was 
 
 The practice in the Prize Court is, done in this case, p. 1 6. See also 
 
 on the breaking out of a war, to pre- post, the Marlborough, p. 31. 
 
 pare standing commissions for the Should it be necessary to examine 
 
 examination of witnesses, to which the witnesses to any other point, 
 
 certain interrogatories are annexed ; special application must be made to 
 
 to these the examination is confined. the Court. Vide Henrica Jacob, 1st 
 
 Vide Mem. Justif. p. 6. July, 1806. 
 
 B 3 
 
 1740-1. 
 Feb. 24. 
 
6 CASES DETERMINED m THE 
 
 Anna Galley. Crux for the arrival of two ships from Holland, whereof 
 
 I '740-1 ' °^^ ^^® arrived, and the other he believes to be the ship 
 
 Feb. 24. Anna ; and that a supply of arms, ammunition, and other 
 
 warlike stores was expected on the arrival of the said 
 
 two ships. 
 
 II. Juan de Cartroj a Spaniard, agrees in omnibus 
 with the last witness. 
 
 III. Thomas Wilson, 
 
 7. In the voyage to Bristol, Andrew PetersoUj one of 
 the crew of the Anna Galley, declared to Respondent 
 there were on board the Anna ten or twelve chests of muskets. 
 
 IV. Edward Teague. 
 
 6. After the Anna was taken in returning home. Re- 
 spondent heard Andrew Peterson, speaking to Thomas 
 Wilson, often use the word " suapando^" which Respondent 
 afterwards understood to be muskets. 
 
 7. Respondent asked Wilson what Peterson said to 
 him. Wilson answered that Peterson said they had ten or 
 twelve chests of muskets on board the Anna, and well 
 remembers said Peterson said to Wilson that be very good 
 for you; and in their return home. Respondent saw a 
 person on board the Yernon, whom he took to be a 
 Dutch merchant, who was walking on the deck; Re- 
 spondent heard him say, shaking his head. Damn these 
 English dogs, now they''ll have all to themselves. 
 
 V. John Stephens. 
 
 6. Respondent heard the mate of the Anna say, that all 
 the goods in the Anna, from the pump forwards, were the 
 
 ' Sic in original. 
 
HIGH COURT OF ADMIRALTY. 
 
 property of the merchants in Teneriffe, and that the goods, Anna Galley. 
 from the pump in the after hold, belonged to the owners \%^q^ 
 of the Anna. I'eb. 24.' 
 
 VI. George Koe 
 
 6. Deposes the same as Stephens. 
 
 Marine Treaty between England and Holland, 1st 
 December, 1674.i 
 
 1. Art. The subjects of the one state may freely trade 
 to the enemy of the other. 
 
 2. Art. The freedom of navigation shall extend to all 
 commodities, even in time of war, except contraband goods. 
 
 3. Art. Only instruments of war are declared to be con- 
 traband goods. 
 
 4. Art. Kopes, sails, and anchors are expressly declared 
 not to be contraband goods, and all materials for the 
 building or repairing of ships. 
 
 6. Art. A ship going into an enemy's port shall show her 
 sea brief and cocquets, that it may appear whether she is 
 laden with any contraband goods. 
 
 8. Art. Free ships shall make free goods, except contra- 
 band goods. 
 
 And by 7. Art., only the contraband goods, not the ship, 
 nor the rest of the goods, shall be confiscated. 
 
 By an explanatory Declaration, signed at the Hague, 
 30th December, 1675 ^i — 
 It is declared, that ships and vessels belonging to either 
 
 ' Vide Dumont, vii. 282. ; ' Dmnont, id., 319. ; D'Haute- 
 
 D'Hauterive, Reo. des Traites, vii. rive, id., Schbll. v. 232. 
 144. Scholl., Hist, des Traites, v. 
 147., n. 
 
 B 4 
 
8 CASES DETERMINED m THE 
 
 Anna Gaxlet. of the parties may not only pass, traffic, and trade from a 
 
 i74n_i neutral port or place to a place in enmity with the other 
 
 Feb. 24. party, or from a place in enmity to a neutral place, but 
 
 also from a port or place in enmity to a port or place in 
 
 enmity with the other party. 
 
 Dr. Paul, for the Privateer's owners. 
 
 Letters in a tin box necessary to prove the goods are 
 the property of the Spaniards. 
 
 She had contraband goods on board. 
 
 By the Act they beg the question, say she is Dutch 
 property, which we deny. 
 
 A common motion to desire all papers may be made 
 public. 
 
 Dr. Andrew, same side. 
 
 It will be found that the whole is Spanish property, and 
 part contraband. 
 
 The Court cannot proceed till all the papers are examined. 
 
 We have great reason to suppose there has been a con- 
 cealment. 
 
 It may appear that cordage and things of that sort were 
 to be delivered to the Spaniards, and that will be contra- 
 band, when it is to supply an enemy. 
 
 Dr. Strahan, for the Dutch owners. 
 
 The witnesses prove it is Dutch property. 
 
 No foundation for the seizure. 
 
 It appears by the appraisement that there were no con- 
 traband goods on board. 
 
 It is not usual to look into private papers, when there 
 does not appear to be any suspicion of its being an enemy's 
 property. 
 
HIGH COUKT OF ADMIRALTY. 9 
 
 Motion for opening and translating letters,^ ANNAGALLBr. 
 
 Dr. Paul, for the captors. 1740-1 
 
 3. Art. Of Instructions to Privateers. All letters to be Feb. 24. 
 
 brought in : if so, they are to be brought in for some pur- Papers, open- 
 - , . , ing and trans- 
 pose; and, thereiore, we have a right to have them lating. 
 
 translated. 
 
 Seized as being Spanish property. 
 
 Dr. Andrew, same side. 
 
 Those are to be encouraged who prevent any illicit trade 
 to our prejudice. 
 
 The Vernon had intelligence that two Dutch vessels 
 were expected by the Spaniards at Santa Crux with 
 stores. 
 
 If they were Spanish property, the whole was forfeited ; 
 if any contraband goods on board, those only are forfeited. 
 
 The St, Anthony, Michael Sennelt, Master. Seized by 
 Lord Aubrey Beauclerk as prize. 
 
 Mr. Sayer, as Proctor, insisted that all the letters 
 should be opened, and the Court ordered it. 
 
 The Dutch captain owns he had orders to conceal 
 letters. 
 
 Wilful destroying of papers is a just cause of con- 
 demnation. 
 
 No reason for the opposition unless they knew dis- 
 coveries would be made against them. 
 
 The ordering ship's papers to be destroyed is alone a 
 just cause of seizure. 
 
 Per Cue. 
 
 The inventory is but now brought in. 
 
 ' Vide Mem. Justif., p. 56. 
 
10 CASES DETERMINED IN THE 
 
 Ami. Gaiiet. It does not appear to the Court what dockets are before 
 
 1740-1 ^^^ Court. 
 
 Feb. 24. Nor does it appear that any great inconvenience will 
 
 arise from opening the letters. 
 
 The judge ordered a schedule of the papers, opened and 
 before the Court already, to be laid before him, and said he 
 would not make any order for opening the letters till that 
 was done, and ordered the ship and cargo to be restored 
 upon bail. 
 
 (Sir Henbt Peneice.) 
 
 February 24th, 1740-1. 
 
 1840-1. March 3rd, 1740-1. 
 
 March 3. u^^^ ^f^^ ^^^^ motion. 
 
 Per Cue. 
 
 The use in bringing in papers according to the instruc- 
 tions is, that both the captors and claimers may use them. 
 
 Examinations in preparatorio are not evidence upon a 
 claim of property. 
 
 The Anna Galley is brought in as prize, and has been 
 appraised. 
 
 I have looked into the abstract of the papers that were 
 found on board. And from them it seems to be Dutch 
 property. But it is not certain evidence that it is Dutch 
 property, for it is asserted that it is only a colourable trade, 
 and that it is Spanish property. 
 
 No instance has been given where the Court has refused 
 any papers to be opened, when there has been any pro- 
 bability of the proceedings being colourable. 
 
 All clandestine trade ought to be discouraged. 
 
 The Court ought to have certainty that it is not Spanish 
 property. 
 
 In the St. Anthony there were two masters on board. 
 
HIGH COURT OF ADMIEALTY. H 
 
 Suspicious papers ordered to be looked into, because it Anna Gam,bt. 
 was the practice of the Court of Admiralty ; but all those 1741 
 papers were open when he was taken, and the ship was March 3. 
 restored as English property. — Decreed, the sealed papers 
 to be opened, translated, and inspected in this case of the 
 Anna Galley. 
 
 And decreed all the unnecessary papers to be delivered 
 out with the ship to the claimers. 
 
 THE OWNEES OF THE ANNA GALLEY, 
 Claas Hartog, Master, 
 
 against 
 
 PETER BONNAMY, 
 
 Commander of the Vernon Privateer, 
 
 Allegation for the Owners of the Anna Galley, pleading ^^41 
 
 their claim. 'June 22. 
 
 1. Sets forth the names of the several owners of the pieadSig claim. 
 ship Anna GaUey, that they are inhabitants of Amsterdam 
 
 and subjects of the States General. 
 
 2. On 5th September, 1740, N. s. Pieter Eobyn, one 
 of the now-owners, purchased the ship Anna Galley (then 
 the Industry), with her appurtenances, of William van 
 Maurich, of Amsterdam, Merchant, who assigned the same 
 to the said Eobyn. 
 
 3. Exhibits the act of assignment of said ship from Van 
 Maurich to Eobyn, marked A., and alleges the identity of 
 the ship, and that upon the purchase he immediately 
 changed her name from the Industry to the Anna Galley. 
 
 4. Immediately after, Eobyn sold shares in the said ship 
 to the several persons who now claim her, each of which 
 
12 CASES DETERMINED IN THE 
 
 Anna Galley, have an eighth part; pleads that they were the owners at 
 '"TZr^ — ' the time of seizure by the Vernon privateer, and that they 
 June 22. are all Inhabitants of Amsterdam and Subjects of the States 
 General. 
 
 5. Exhibits an authentic certificate of the register of 
 Captain Claas Hartog, Master of the said Anna Galley, 
 exhibited In the Court of Admiralty at Amsterdam, and 
 an authentic copy of the list of the owners of the said ship 
 purporting that they are inhabitants of Amsterdam thereto 
 annexed, marked B. 
 
 2. Alleges identities of ship and persons. 
 
 6. After the premises, the said ship took in, at Amster- 
 dam, a lading consisting of anchors, cables, chests, &c., on 
 the account and risk of the said Peter Robyn and Company, 
 owners of said ship, and also upon the account and risk of 
 Peter Duyts, Widow Vander Bock, Gerrant la Lauze, and 
 Hobbe Strandwick, Inhabitants of Amsterdam and Subjects 
 of the States, and upon the risk of no other persons what- 
 soever, and no other goods whatsoever ; the said ship being 
 consigned therewith for Santa Crux, in Teneriffe, and the 
 Canary Islands, and from thence to proceed where the 
 owners should order. The said ship on lAth October, 1740, 
 N. S., set sail from Amsterdam on such intended voyage, and 
 on lAth November, 1740, N. S., as the said ship was under 
 the Great Canaries, in prosecution of her intended voyage, 
 she was, with her lading, unjustly taken by Bonnamy, Com- 
 mander of the Vernon privateer ; and though Hartog, the 
 master of the said ship, told Bonnamy that the said ship and 
 lading wholly belonged to the Subjects of the States, and at 
 the same time showed him his particular of his cargo, 
 whereby it appeared that there were no contraband goods 
 on board, the said Bonnamy refused to release the said ship, 
 but declared her a prize, and about 16th December, 1740, 
 
HIGH COURT OF ADMIRALTY. 13 
 
 brought her to Bristol ; and alleges that no Spaniard or Anna Galley. 
 enemy of Great Britain had any share in the said ship or 1741 
 lading. June 22. 
 
 7. Exhibits a protest made by Hartog at Bristol, 29th 
 December, 1740, before William Scammell, N. P., 
 marked C. 
 
 8. The said ship and lading have been by commission 
 from this Court inventorised ' and appraised, and no con- 
 traband goods whatsoever were found on board her. 
 
 9. Sets forth what goods the said ship took on board at 
 Amsterdam for the risk of Peter E.obyn and Company, 
 with their marks, and alleges that they are Subjects of the 
 States General. 
 
 10. Sets forth what goods she took on board for the 
 sole risk of the said Peter Eobyn, with their marks, which 
 were on board at the time of seizure. 
 
 11. Sets forth what goods she took on board for the sole 
 risk of Peter Boscher, with their marks, alleges him to be 
 a Subject of the States. 
 
 12. Sets forth what goods for the sole risk of Gerritt 
 Blaauw. 
 
 13. Sets forth what goods for the sole risk of Moses 
 de Chaves. 
 
 14. Sets forth what goods for the sole risk of Peter 
 Duyts. 
 
 15. Sets forth what goods for the sole risk of the Widow 
 Vander Bock. 
 
 16. Sets forth what goods for the sole risk of Gerrant 
 la Lauze. 
 
 17. Sets forth what goods for the sole risk of Hobbe 
 Strandwick. 
 
 ' Vide Story's' Practice, p. 86, 7. ; Mem. Justif., p. 64. 
 
14 CASES DETERMINED IN THE 
 
 Anna Galley. N.B. All these articles relating to the lading, plead 
 ^"TZyj ' that the respective goods were on board at the time of the 
 June 22. seizure, and that the respective Owners are Subjects of 
 the States General. 
 
 18. The said ship proceeded on her said intended voyage 
 from Amsterdam to Teneriffe, on or about 3rd October, 
 1740, o. s. ; when near the Canary Islands was seized by 
 the Vernon privateer, on or about 3rd November, 1740, 
 O.S., and was brought into Bristol 16th December, 1740, 
 and was afterwards released upon bail given by the owners 
 of said ship and goods, and could not afterwards proceed 
 on her said intended voyage till on or about 17 th March, 
 1740, and not before. 
 
 19. The said ship, at the time she first proceeded on her 
 said intended voyage from Amsterdam, was completely fitted 
 out, and was about 160 tons, and worth 815Z., and took in 
 a suflScient quantity of provisions for her intended voyage 
 to the value of 126?. 6s. 3d., and had a sufficient comple- 
 ment of men on board — viz., a Master and eleven men, 
 at the wages of 21Z. 16s. 4d. a month; and by reason of 
 the said pretended seizure and detaining as aforesaid, the 
 owners of said ship have sustained considerable damage, 
 and as particularly specified in the schedule hereunto an- 
 nexed, marked D., to which proponent refers. 
 
 20. Prays that it may be pronounced that the Bail 
 given on behalf of the said Peter Robyn and Company, as 
 Owners of the said ship the Anna Galley, and the said Peter 
 Kobyaand Company,and others, asOwners of the said goods 
 laden therein, to answer the value of the said ship and goods, 
 may be released and discharged ; and that it may be pro- 
 nounced for the damage and injury done to or sustained by 
 the said Peter Robyn and Company, Owners of the said ship, 
 and the said Peter Robyn and others. Owners of the lading 
 
HIGH COURT OF ADMIRALTY. 15 
 
 on board, by reason of her pretended seizure and detaining Auka Gallet. 
 as prize by Peter Bonnamy, commander of the said Vernon , ^ , , 
 priyateer ; and that the said Peter Bonnamy may be con- June 22. 
 demned therein, and in costs of suit made or to be made 
 on the part and behalf of the said Peter Eobyn and Com- 
 pany, and others. Owners of the said ship Anna Galley and 
 her lading ; and being so condemned, that the said Peter 
 Bonnamy and the sureties bound for him upon his obtain- 
 ing a commission or letter of marque to take the ships, 
 vessels, and goods belonging to Spain, or the vassals and 
 subjects of the king of Spain, may be compelled to the 
 payment thereof by you and your definitive sentence, &c. 
 
 Dr. Paul, for Bonnamy. 
 
 Anna Galley, taken in fight, 14th Nov. 1740, by 
 Bonnamy. 
 
 Anchors and cordage aboard the Anna. 
 
 Part of the allegation is to claim damage. 
 
 That cannot be received till after she is judged not to 
 be prize. 
 
 Are willing what relates to the property should be re- 
 ceived. 
 
 Dr. Andrew, same side. 
 
 The Act of Parliament' directs, that if no claim be made, 
 the Court is to proceed upon the preparatory examination ; 
 if claim is made, are to give security for double costs, and 
 then to proceed upon ship's papers and examinations in 
 preparatorio ; and if doubtful, then to proceed to. further 
 examinations. 
 
 The captors cannot plead anything, because they are 
 strangers to the right of the claimers. 
 
 Possibly it may appear to be Dutch property upon the 
 
 ' Stat. 13. Geo. 2. c. 4. 
 
16 CASES DETERMINED IN THE 
 
 Anna GAttET. preparatory examinations: Cause for damage is distinct 
 '~TZ^-i from cause of prize. 
 June 22. They have given no ball for double costs. 
 
 Dr. Strahan, for the Dutch Owners. 
 Where there is a claim, if it be denied it must be proved. 
 Catherine, Brigantine, allegation containing damage 
 joined with the claim was this term admitted. 
 
 N.B, In this case the Court ordered the examinations in 
 preparatorio to be read before our allegation was debated, 
 to see whether it was necessary for the claimants to plead. 
 
 Question arose, whether witnesses examined upon private' 
 interrogatories in preparatorio put by the captors could be 
 read. 
 
 Per Cue. 
 
 I think I have gone farther than usual in suffering any 
 of the examinations in preparatorio to be read, but I cannot 
 admit witnesses to be read upon private interrogatories ; it 
 is contrary to the practice of the Court: and therefore 
 would not suffer them to be read. 
 
 Dr. Paul, for Bonnamy, against the allegation. 
 1. 2. 3. Articles not opposed. 
 
 4. Necessary to set forth assignment from Eobyn to the 
 other owners. 
 
 5. Is only an order for obtaining an Algerine pass. 
 
 6. Should set forth to whom consigned at TenerifF; 
 should lay the particulars contained in the whole cargo. 
 
 7. The protest cannot be evidence. 
 
 ' Vide ante, p. 5., n. 
 
HIGH COURT OF ADMIRALTY. 17 
 
 8. Should lay no other goods were on board but what Anna Galley. 
 were inventorised. j-^^, 
 
 9, 10. Should specify who the particular proprietors of June 22. 
 the anchors are. 
 
 From 11. to 17. not necessary to be so particular. 
 
 18. Is the same as »>. 
 
 1 9. Lays damage ; cannot be received till it appears 
 damage has been done. 
 
 In damage causes the liquidation is deferred till damage 
 is pronounced for. 
 
 Dr. Andrew, same side. 
 4 Art. Exhibits only a pass. 
 
 Must show how the other owners came to their shares. 
 Treaty, 1674', shall produce sea brief: settled what it is 
 to contain. 
 
 6. Must set forth to whom consigned : must exhibit the 
 bills of lading. 
 
 Instructions must be exhibited : they must exhibit the 
 manifest or refer. 
 
 7. Protest cannot be evidenced. 
 
 8. Must lay there were no other goods on board when 
 taken but what are inventorised. 
 
 9. Must exhibit some written evidence to show the 
 property the same. 
 
 The same to all the other articles which plead the pro- 
 perty. 
 
 18. Not opposed. 
 
 19. Lays damage : cannot be yet received. There must 
 be a particular process against the bail, upon a new cause 
 for damage, to show cause why the bail should not be 
 declared forfeited. 
 
 ' Vide ante, p. 7. 
 C 
 
18 CASES DETERMINED IN THE 
 
 Anna Gallet. N.B, A monition goes against the bail in the Admiralty, 
 
 174l_2 '^'"'^ ^^^ """* ''"^ called to show cause. 
 
 June 22. The several particulars of the damage are not set forth. 
 
 Pee Cue. 
 
 The privateers have fuU instructions how to act. 
 
 If he has acted contrary to them, he will be liable to 
 damage. 
 
 A protest by the captain taken is always received as 
 evidence and part of the proceedings. 
 
 There is a schedule before the Court of the ship's papers 
 that have been delivered out. 
 
 19 art. The damage is an incident to the prize, and is 
 like a cause for damage upon collision, which is brought in 
 the instance cause. 
 
 In civil causes for damage the liquidation is deferred till 
 it appear whether the damage is done ; but there damage 
 or not is the point in issue. 
 
 Here it is only a consequence of the principal cause, and 
 laying it now does expedite the cause. 
 
 The Court admitted the whole allegation as laid. 
 
 (Sir Henry Peneice.) 
 
 June 22. 1741. 
 
 1741-2. ANNA GALLEY, taken as prize by the Vernon 
 
 Feb. 15. Privateer. 
 
 Proof. For the Claimers. 
 
 The Anna Galley proceeded from Amsterdam to Tene- 
 riffe, on or about 3rd October, 1740, o. 8. Taken by the 
 Vernon privateer on or about 3rd November, 1740, o.s., 
 near the Canaries. 
 
CASES DETERMINED IN THE 19 
 
 Brought into Bristol on 16th December, 1740. Ahna Galley. 
 
 Released on bail 17th March, 1740. 1741-2. 
 
 Was appraised and her cargo taken out. Feb. 15. 
 No contraband goods found on board. 
 
 Claimed by Claas Hastog, the Master, for Peter Eobyn 
 and Company, Owners of the ship. 
 
 And for the said Eobyn and others. Owners of the cargo. 
 
 Burthen about 160 tons. 
 
 Had the Master and eleven men on board. 
 
 Sustained damage by the seizure to the amount of 
 122,1. 6«. ll^d. 
 
 Bonnamy, the captain of the privateer, gives no further 
 opposition. 
 
 It is fully proved that the ship and cargo is Dutch pro- 
 perty, and the damage by the seizure is also fully proved. 
 
 Witnesses for the claimers. 
 
 L Michael Merlan 
 
 Proves Robyn bought the ship at a public sale, and 
 afterwards divided her into shares. 
 
 And that the ship and cargo wholly belong to Dutch 
 owners. 
 
 Believes the damage sustained amounts to 728Z. 6s. ll<f. 
 
 II. Peter Charle 
 Proves the same. 
 
 III. John van Eussen 
 
 Proves that Peter Robyn bought the ship at a public 
 sale on 5th September, 1740, for 8500 gilders.' 
 
 ' A Dutch florin or gilder is worth about \s. 8d. 
 c 2 
 
20 HIGH COURT OF ADMIRALTY. 
 
 Anna Galley. IV. Roger van der Swet 
 1741-2 Proves the same, and that the name of the ship was the 
 
 Feb. 15. Industry, but Robyn changed it to the Anna Galley. 
 
 V- Peter van Berendrogt 
 Prdves the same. 
 
 VI. William van Maurich 
 The same. 
 
 VII. Lucas van Hoom 
 
 Proves E.obyn purchased the ship at a public sale and 
 divided it into shares, and all the owners are Dutchmen. 
 
 Proves the cargo to belong to Dutch owners. 
 
 Considerable damage sustained by the seizure : can't say 
 how much. 
 
 VIII. Captain Claas Hastog 
 
 Proves the property of the ship to be in Dutchmen. 
 
 Proves exhibits A. and B. 
 
 That the cargo belongs to Dutchmen. 
 
 That he was taken by Bonnamy near the Canary Islands, 
 and then told Bonnamy that the ship and cargo were 
 wholly Dutch property, and showed him the manifest of the 
 lading, by which it appeared there were no contraband 
 goods on board. 
 
 The ship was inspected and no contraband goods found 
 on board. 
 
 Proves Schedule D., and that the owners have sustained 
 damage to the sum therein contained. 
 
 Proves the several articles of said damage as mentioned 
 in said schedule, except the sum of 71. 3s. Od., which is to 
 be deducted as not belonging to the damage. 
 
HIGH COURT OF ADMIRALTY.^ 21 
 
 Interrogatories. AnnaGallet. 
 
 4. 6. He had no contraband goods at the time he was "^j — » ' 
 
 taken. Besides the Algerine pass from the Admiralty of peb. is." 
 
 Holland, he had on board the ship's register, and showed 
 
 them to Bonnamy when he came first on board. 
 
 a 
 Witnesses examined by commission in England as to 
 
 the damage. 
 
 1. William Scammell 
 
 Proves the protest marked C. 
 
 n. Thomas Demmett 
 
 Keceived for meat and drink for eleven mariners for ten 
 weeks, and for diet for the master for two weeks and two 
 days, 33?. 13*. M. 
 
 III. Ann Henley 
 
 Keceived for the coopers' work for the ship's use 
 6Z. 155. 4d 
 
 IV. John Beaton 
 
 Keceived for one new sail and for repairing the old ones 
 14/. 
 
 V. David Campbell 
 
 Hecelved for lodgings and board for the master 4/. 
 
 VI. Charles Harford 
 
 Keceived for firewood for the ship's use 21. 85. 
 
 VII. Charles Willis 
 
 Keceived for beer for the ship's use lOZ. 5s. 
 
 C 3 
 
22 CASES DETERMINED IN THE 
 
 Anna Galley, VIIL Morgan Phillips 
 ,-/,_2 Received for cheese for the ship's use 41. Is. 
 
 Eeb. 15. 
 
 IX. John Hall 
 
 Received for pickles for the ship's stores 18«. 3d. 
 
 X. Thomas Ralph 
 
 Received for amending some of the blocks and other 
 work done to the ship 1?. 6*. 6d. 
 
 XI. Anthony Whitebeard 
 
 Received for salt for the ship's use IZ. As. 
 
 XII. Hannah James 
 
 Received for butter for the ship's use 11 Z. 4*. 
 
 XIII. William Wansey 
 
 Received for ropes and other things for the ship's use 
 51. lis. 6d. 
 
 XIV. Stephen Perry 
 
 Received for mending an anchor and other things belong- 
 ing to the ship 4/. 
 
 XV. William Webb 
 
 Received for the Ship Carpenter's work done to the ship 
 13Z. 125, 2d. 
 
 XVI. Jenevarah Thompson 
 
 Received for 273 stock fish for the ship's use 3Z. 155. 
 
 XVII. Thomas Mayes 
 
 For a lanthorn for the ship's use 12s. 
 
HIGH COURT OF ADMIRALTY. 23 
 
 XVIIL William Edwards Anna Gam,et, 
 
 Received for cordial waters for the ship's use 21. 9s. ' ' 
 
 174:1 — ^. 
 
 Feb, 15. 
 
 XIX. James Pidding 
 
 Received for biscuit and other things for the use of the 
 ship 71. 
 
 XX. Elisha Hellier 
 
 Received for oil, candles, and other things for the ship's 
 use 7Z. 18s. 
 
 XXI. Joseph lies 
 
 Received for charges, expenses, and commission as 
 agent for the owners of the ship at Bristol 467. 4«. 
 
 XXII. Richard Jolleff 
 
 Received for butcher's meat for the ship's use 121. Is. 
 N.B. All the above sums were paid for the ship's use 
 while she lay at Bristol. 
 
 Claas Hastog also proves the following sums : — 
 Wear and tear of the ship at 17?. per cent, per annum, 
 63Z. 105. 
 
 For two-thirds of the ship's provisions consumed, 
 84Z. 4s. 2d. 
 
 For the Master and eleven men's wages at 211. 16s. 4d. 
 per month, 119Z. 5s. 3^d. 
 
 Paid by Mr. lies at Bristol for lodging and provisions 
 for eleven men of the ship's crew 33Z. 
 
 For the lodging and board of the master and for repairs, 
 postage and other necessaries for the use of the ship and 
 crew, 159/. 17s. 
 
 C 4 
 
24 CASES DETERMINED IN THE 
 
 Anna Galley. The above sums of 33/. and 159/. 17*. are also proved 
 1741-2 ^y *^® preceding witnesses. 
 
 Feb. 15. 
 
 The Court pronounced that the ship was unduly seized 
 by Bonnamy, and condemned him in expenses and in the 
 damage proved, viz., 722/. and upward. 
 
 (SiE Henkt Peneice.) 
 
 February 15. 1741-2. 
 
 The 
 Mahlborough. 
 
 1741. 
 Dec. 8. 
 
 Contraband 
 wai-like stores, 
 part of cargo 
 unclaimed. — 
 Treaty of 
 Utrecht. — 
 Dutch Treaty, 
 1667-8. — Vi- 
 cinity of port. 
 — Private in- 
 terrogatories. 
 — Condemned, 
 just cause of 
 seizure. 
 
 THE MARLBOEOUGH PEIZE. 
 
 The Marlborough, of Lafflote en Re, Peter Hovin, 
 Master, was taken by Captain William Bladwell, com- 
 mander of his Majesty's Snow the Swift, and brought 
 to Dover. 
 
 The master and others have been examined on Inter- 
 rogatories. 
 
 She appears to be a French ship, bound from Amster- 
 dam to Bayonne in France ; her cargo consists of various 
 kinds of goods, and of some guns and warlike stores. 
 
 Most of the cargo is claimed, but the guns and some 
 part of the goods, &o., are not. However, it does not appear 
 from the crew, or from any of the ship's papers, that the 
 warlike stores were designed for the enemy. 
 
 But a witness has been examined on interrogatories, 
 who deposes that Hovin, the Master, told Mm in London 
 that they were to be carried to St. Sebastian, and that 
 they were Spanish property, and were insured by the 
 Spaniards. 
 
 The question will be only as to those goods unclaimed, 
 whether they will be subject to condemnation. 
 
Dee. 8. 
 
 HIGH COURT OF ADMIRALTY. 25 
 
 Witnesses examined upon interrogatories : — The 
 
 , lo ■i>..*i Marlborough. 
 
 I. Peter Hovin, examined 18tn Sept. 1741. < ,, • 
 
 1. Deponent is a Frenchman by birth, and a subject of f^f" „" 
 the king of France. 
 
 2, 3, 4. On Ist September, o.s., about noon, the Marl- 
 borough, being under French colours, was seized by Captain 
 William Bladwell, commander of the Swift Snow, and 
 brought to Dover. No resistance was made by the Marl- 
 borough. 
 
 5. Deponent has been master of the Marlborough 
 four years ; was appointed master thereof by his father, 
 Lawrence Hovin, who delivered him the possession of 
 said ship at Lafflote. 
 
 6. The crew consisted of five men and a boy besides 
 deponent, all Frenchmen. 
 
 7. The Marlborough was built at Bristol, and about 
 thirty years ago was stranded near Lafflote, and was 
 bought by deponent's father, and fitted up, and is of the 
 burthen of about sixty tons; never knew her called by 
 any other name than the Marlborough. 
 
 8. In May last, deponent took in at Kochelle, in 
 France, a loading of sugar, linseed, indigo, coffee, and 
 vinegar, which he delivered at Amsterdam the end of 
 June last, and in August following took in there another 
 loading, consisting of 26 iron guns, carrying each a hall of 
 6 pounds, 20 iron swivel guns, 32 bundles of matches, 
 400 small casks of gunpowder, each containing about 20 
 pounds weight, 8 whole barrels of gunpowder, 2,600 iron 
 shot, of Q pounds each, 1,500 cross bar shot, 10 small cases 
 of merchandise, contents unknown to deponent, 10 
 hogsheads of brimstone, about 700 or 800 weight each, 
 10 large casks, 5 packs, and 1 chest of dressed flax, 
 42 cases, barrels, and bales of several sorts of merchandise. 
 
26 CASES DETERMINED IN THE 
 
 The but can't set forth the particulars, 53 great and small 
 
 Marlborough. , ■, ,-• i> i i i 
 
 1 y / bales, containing packing canvas and cacao, and several 
 
 1741. other parcels of goods, all which are contained in his bills 
 of lading, and other papers now produced, with which 
 loading he was bound, and proceeding on a voyage to 
 Bayonne, in France, when she was taken between Dover 
 and Boulogne, in France, with all said loading on board 
 her. 
 
 9, 10, 11, 12, 13, 14, 15, 16. The Marlborough at the 
 time she was taken, belonged to Defendant and Peter 
 Daniau of St. Martin's, and no other person whatever. 
 Was delivered to defendant by his father, but he 
 never had any biU of sale made for her. The loading 
 was taken on board on account of several merchants in 
 Holland, as will appear by six bills of lading, now 
 produced, which were all the bills of lading that were 
 signed for his cargo to the best of his knowledge; de- 
 ponent knows of no bills of lading colourable, or of any 
 other tenor, concerning the goods laden on board his said 
 ship ; deponent was bound with his said lading to Bayonne, 
 without being under any charter party, but was to deliver 
 the same there to the order of the merchants who put the 
 same on board, but to whom, by name, deponent knows not. 
 As to the bills of lading, invoices, books, and papers, which 
 were on board his ship at the time of her being seized, 
 they are all now shown to deponent, and he knows of no 
 others, nor has any more in his custody. During the four 
 years deponent has had said ship, he has traded from 
 Lorraine, in France, with bale goods to St. Sebastian, in 
 Spain, and from thence to Brest with oars, and from 
 thence to Plymouth for fish, and finding none there went 
 to Dartmouth, and there loaded with fish in the year 1740, 
 and went with the same to St. Sebastian, and delivered 
 
HIGH COURT OF ADMIRALTY. 27 
 
 the same, and took in there a loading of iron, which he The 
 
 • T T^i'T TTi- 11 in 1 Marlborough. 
 
 carried to Dunkirk, and dehvered there, and from thence <^ , > 
 
 went in ballast to Amsterdam, and there took a loadina; of i 
 
 " Dec. 8. 
 
 deal boards and other goods, and went with them to 
 Bourdeaux, in France, and unloaded there, and then took 
 in a loading of wine and other goods for OUone in France, 
 which he delivered there, and went to Eochelle in ballast ; 
 there took in his loading of sugar, and other goods before- 
 mentioned for Amsterdam, as he has before set forth in 
 his answer to the 8th interrogatory. 
 
 II. John Doucet 
 
 Agrees with the other witness ; says he knows not that 
 he shall sustain any damage by the seizure of the ship and 
 lading, except that in case the same shall be condemned, 
 he may be liable to lose his wages, clothes, and bedding ; 
 but as to that he knows not. 
 
 III. Simon Bureau 
 Agrees exactly. 
 
 Examined in London, 26th November, 1741.' 
 
 Francisco Grondona Chamillo, Merchant. 
 
 Deponent was born at Lucca, in Italy, and has travelled 
 in several parts of the world within these seven years, and 
 is a subject of the Kepublic of Lucca ; does not know the 
 Marlborough, but knows Peter Hovin, the reputed master 
 of the said ship : became acquainted with him by meeting 
 him on the Eoyal Exchange, about or more than six 
 weeks ago. 
 
 Interrogatories, 2do loco. 
 
 Ever since his acquaintance with Hovin he has been 
 
 ' Vide- ante, Tp. 5., ani. post, p. 31. 
 
28 CASES DETERMINED IN THE 
 
 The almost daily in his company, at Respondent's house, at 
 
 > , ' coffee-houses, taverns, and other places, and found by his 
 
 1741. discourse that he was a favourer of the Spaniards, for 
 Dec. 8. . . f. , 
 
 which reason Respondent endeavoured to sift him as much 
 
 as he could, and found that his ship had been seized as 
 prize by Captain Bladwell, in her'passage from Amster- 
 dam, bound (as he declared) to Bayonne, and that they 
 had taken out of her several guns and other warlike 
 stores; and in his discourses with Deponent he gave 
 deponent to understand that, though by his papers It ap- 
 peared that the said guns and warlike stores were consigned 
 to Bayonne, yet that the same were designed to go from 
 thence to St. Sebastian, and that the freighters who had 
 laden said guns and stores in Holland would not be under 
 any great pain about them, by reason that they belonged 
 to the Spaniards, and that they were insured on account 
 of the Spaniards ; and the said Hovin has declared to depo- 
 nent that he did not value his being met by twenty ships, 
 provided he had not met with the Captain who took him, 
 for that the said goods and stores were at the bottom of his 
 ship hid under other goods, and that the papers were con- 
 cealed so that they were not easy to be come at, and that 
 somebody had wrote from Holland to England to give 
 information of his having the said guns and stores on board, 
 and that the said guns were put on board in Holland all at 
 once, whereas he had agreed that they should come on board 
 but a few at a time, to prevent suspicion, or to that effect. 
 
 Claims. 
 
 I. Claim on oath of Peter Hovin, for the ship as 
 belonging to him and Peter Danlau. 
 
 II. Claim on oath of Matthew Servat, of part of the 
 
HIGH COURT OF ADMIRALTY 29 
 
 cargo belonging to Mr. Danjan, another part to Mr. The 
 
 Danlau, another part to Mr. Lambert L'Aisne. ^aklborough. 
 
 III. Claim on oath of Mr, Jean Jacques Beaujou for 
 part of the cargo belonging to Mascar La Croix, to Mr. 
 Danjan, to Jane Coquart, to the widow Vinet, to the 
 widow Beauriau Bellair, and to Le Caen. 
 
 IV. Claim on oath of Mr. Isaac Ferrieres, of part of the 
 cargo belonging to Isaac Ferrieres and John Eigail, to 
 John Rigail and Company of Bayonne. 
 
 V. Claim on oath of Mr. Joseph Chion for part of the 
 cargo belonging to Mr. John Paez of Roohelle. 
 
 N.B. There are several goods besides the warlike 
 stores that are not claimed, which might lawfully have 
 been carried to the enemy. 
 
 Act of Court of the 23rd October, 1741. 
 
 Sayer, Proctor for the claimants, brought in the above 
 claims : alleged the claimers are natives and inhabitants of 
 France, except Isaac Ferrieres and John Kigali, who are 
 inhabitants of Holland, and that the ship and goods so 
 seized and now claimed were not liable to seizure, and 
 prays that the ship and goods so seized may be restored to 
 the claimers or to Hovin for their use, and that Captain 
 Bladwell may be condemned in costs and damages, and 
 prays that the ship's papers may be restored, and Hovin 
 allowed to proceed on his voyage to Bayonne. 
 
 Greenly, for the king, alleged that it appears by Hovin's 
 evidence that he has for four years past traded to St. 
 Sebastian, and that when he was seized he had guns and 
 warlike stores on board. 
 
 1741. 
 Dec. 8. 
 
30 CASES DETERMINED IN THE 
 
 That Hovin has not made it appear to whom the said 
 goods were consigned, but has confessed they were intended 
 to be carried to St. Sebastian, and there has been no claim 
 for the said goods or any part thereof. 
 
 Prays that the said guns and all the warlike stores which 
 were on hoard the said ship when she was seized, and which 
 have not been claimed, may be condemned as lawful prize ; 
 and that the Judge will pronounce there was just cause 
 of seizure of said ship and all the goods on board her, and 
 that the claimants may be ordered to pay the expenses 
 concerning the same, before they have restitution of the 
 said ship and goods claimed by them. 
 
 Sayer alleged that the said ship was bound to Bayonne 
 in France, and that the warlike stores were consigned to 
 French merchants at Bayonne, and no ways the property 
 of or designed for the enemy, and therefore not subject to 
 condemnation. 
 
 That there is no proof that any of the lading belongs to 
 Spaniards ; 
 
 That Hovin has signed bills of lading for all said goods, 
 as master of said ship ; prays that not only the said ship and 
 the several goods which have been claimed upon oath, but 
 also the said warlike stores, and other goods which are not as 
 yet claimed in due form of law, may also be discharged and 
 restored, together with all the ship^s papers, to the said Peter 
 Hovin, for the use of the several persons interested therein. 
 
 N.B. Peter Hovin in his affidavit, dated 21st Oct. 1741, 
 Swears the ship belongs to him and to Peter Danian 
 only, and that the whole cargo was shipped at Amsterdam, 
 and were designed for France, and were all to be delivered 
 at Bayonne, and that the same are, as deponent has good 
 reason to believe, the property of French and Dutch 
 
HIGH COURT OP ADMIRALTY. 31 
 
 merchants, and that they no ways belonged to Spaniards or The 
 
 others living in the dominions of Spain, and that no enemies v , 
 
 of Great Britain had or have any right, title, or interest, or 1741, 
 property in or to any part of the said goods, wares, mer- 
 chandizes or cargo. 
 
 Treaty of Utrecht^, Art. 17. 19, 20. 22. 26., lawful to 
 carry any goods but warlike stores to the enemy, free 
 ships make free goods, only contraband goods shall be 
 taken out, in all other respects commerce entirely free. 
 
 Treaty between England and Holland, 17th February, 
 1667-8 ^, Art. 2, 3, 4, 9. 11., freedom of navigation, con- 
 traband goods going to an enemy to be taken out, and the 
 ship to be discharged. 
 
 Stat. 13. Geo. 2. c. 4., Admiralty to acquit or condemn 
 according to the evidence from the ship's papers, and the 
 examinations in preparatorio. 
 
 Objection to reading Francisco Grondona's evidence, 
 because he was not examined on standing interrogatories. ' 
 
 The Court held the objection was good. 
 
 But they offering to give in an allegation, and plead the 
 effect of what he was examined to, we gave it up rather 
 than delay the cause, Dec. 8th, 1741. 
 
 Dr. Paul, for Capt. Bladwell : 
 
 No claim for the warlike stores: must, therefore, be con- 
 demned as contraband. 
 
 Pee Cue. : 
 
 There was a sufficient time for these warlike stores to be 
 claimed, as well as the rest of the things. 
 
 ' Vide Dumont, vol. Tiii. p. 345. ; ' Vide Dumont, vol. vii. p. 74. ; 
 
 D'Hauterive, vol. ii. p. 45. D'Hauterive, vol. vii. p. 12. 
 
 ' Vide ante, p. 5. 
 
32 CASES DETERMINED IN THE 
 
 The Hovin's property in the ship is clear. 
 
 ' It does not appear they were carrying to an enemy a 
 
 1741. port ; but there being no claim, it is very suspicious they 
 were designed for the Spaniards, and Grondona swears to 
 Hovin's confession. 
 
 I don't apprehend goods have ever been discharged 
 without a claim made.' 
 
 These goods were very weighty, and could not be taken 
 out at sea ; it was necessary, therefore, to bring the ship 
 into port. 
 
 Bayonne and St. Sebastian are very near ^; the stores 
 may very easily be carried from Bayonne thither. 
 
 There is great reason to suspect them to be Spanish 
 property ; and, being warlike stores, they are liable to 
 seizure and confiscation. 
 
 The Court pronounced all the guns, match, powder, 
 balls, shot, &c., to be lawful prize, and that there was just 
 cause of seizure. 
 
 December 8. 1741. 
 
 (Sir Henet Peneice.) 
 
 ' As to neglect in not making ' Vide the Zelden Sust, 6 Eob. 
 
 claim, and its subsequent admissi- 94. Corunna and Ferrol, situated 
 
 bility, vide Story's Practice, p. 51. ; in the same bay, and not as Quimper 
 
 Kob. Coll. Mar., p. 90, n. ; Sir L. and Brest, separated by projecting 
 
 JenkirCs Life, toI. ii. p. 743. headland, held to be identified. 
 
HIGH COUKT OF ADMIRALTY. 33 
 
 FORTUNE DE LA MER. Jochem Jeske, Master.^ Foettoe 
 
 DE LA MeR. 
 
 Fortune de la Mer, Jochem Jeske, Master, taken by -iiyAA 
 the Eagle, John Bazely, Commander, and the Swift, May 4, 
 George Hudson, Commander. Contraband.— 
 
 Ship timber, 
 
 I am for the privateers, who examined upon the pre- auce of neigh- 
 paratory interrogatories bounng coun- 
 
 t^ J o try. — Eqmp- 
 
 Jochem Jeske, the master. age. — Deelara- 
 
 He says he is a Prussian, and lives at Dantzick. as to Contra- 
 
 The Fortune de la Mer and her cargo were seized about *'^°'l- — Kesti- 
 
 tution. — Just 
 
 three miles from shore off Dungeness, at an anchor, 31st cause of seizure. 
 Jan. 1744, by the Eagle and Swift privateers, and carried 
 into Dover. 
 
 9 mariners on board, all Dantzickers. 
 
 The ship was built at Dantzick. 
 
 Burden 90 lasts. 
 
 Said ship was laden at Dantzick with oak planks, fir 
 deals, and pipe staves. 
 
 "Was bound from thence to Brest, where the voyage was 
 to end. 
 
 John Philip Schultz and Gabriel Schultz were the 
 Owners of said ship, who were born and now live at 
 Dantzick. 
 
 Mr. Ignace Hyacinth Mathy was the lader or freighter 
 of the cargo at Dantzick, where he now lives, and the said 
 cargo was to be delivered at Brest for his (the freighter's) 
 account, to M. de la Motte, a merchant there. 
 
 Johan Booy, mate, deposed the same. 
 
 Johan Link, boatswain, deposes the same ; says Mathy 
 was the lader or owner of the cargo. 
 
 > This case was cited in those of the ApoUo, 4 Bob. 163., and the Char- 
 hue, 5 Rob. 31. 
 
 D 
 
34 CASES DETERMINED IN THE 
 
 FoETTTNE Ship's popevs : — 
 
 pelaMeb. j^^_ j_ -gjjj ^f j^ijjjjg received from Mathy at Dantzic, 
 
 1745. to be delivered to his order at Brest. 
 ^^ *■ 134 pieces of oak timber, 197 oaken planks, 2220 oaken 
 
 pipe staves, 669 small fir planks. 
 
 No. 2. A charter-party at the bottom. 
 
 No. 6. A clearance at the toll office in Oresund. 
 
 No. 3. A roll of equipage. 
 
 No. 4. A pass from the magistrates of Dantzick, for the 
 cargo as being the property of Mathy, a Dantzicker. 
 
 No. 5. Ditto for the ship, as being the property of John 
 Philip Schultz, a Dantzicker. 
 
 No. 7. A certificate that said ship was built at Dantzick. 
 
 6th March, 1744, Jochem Jeske, the master, entered a 
 protest with Abraham Ogier, of London, notary, and set 
 forth that the ship and lading entirely belong toDantzickers, 
 and protested against the captors, and for all damages and 
 costs. 
 
 N.B. It fully appears that the ship and cargo does 
 belong to Dantzickers, but the question is, whether the 
 lading is not timber fitted for building large ships, and as 
 such contraband, and therefore that the ship and cargo are 
 confiscable ? 
 
 The captors have examined witnesses on interrogatories 
 settled by the advocate of the Admiralty, to prove that the 
 lading is fitted for building large ships. 
 
 Witnesses examined on the said Interrogatories: — 
 
 1. Johan Booy, mate of the Fortune de la Mer. 
 
 2. The cargo of the said ship consists of oak planks for 
 deals, oak wales or bends for ships, and .pipe staves ; the 
 oak planks are some of the thickness of 3 inches, and some 
 of 21 inches, and none thicker ; and of the breadth, some 
 
HIGH COURT OF ADMIRALTY. 35 
 
 of 12 Inches, some of 14 Inches, some of 15 Inches, and some Fobtote 
 of 16 inches and none broader, to deponent's knowledge; ■ ^ '• 
 and of length, from 36 foot to 42 foot, and none longer, to 1745. 
 
 May 4. 
 
 deponent's knowledge. The said planks or any part thereof 
 are not cut out or made fit for any particular purpose. 
 There are no trunnels^ on board the said ship to deponent's 
 knowledge, except about ten or twelve for the ship's use. 
 
 3. The fir deals on board the said ship are of the thickness 
 of 1 inch and not thicker ; and of the length, some of 15 
 foot, some of 12 foot, and some of 10 foot, and not longer ; 
 and of the breadth, some of 12 inches and some of 14 
 inches, and not broader. The fir planks which are ge- 
 nerally used for making decks for ships, are of 36 foot 
 and 30 foot in length, and about 1 foot or 8 inches or 9 
 Inches broad, and 2 inches or 2-|- Inches thick. The fir 
 deals on board the said ship were not designed, as he verily 
 believes, to be used In building of ships ; knows not for 
 what purpose they were Intended, and said deals are not 
 adapted for any particular purpose to his knowledge. 
 
 4. That wales or bends of ships of war are of the 
 thickness of 14, 15 or 16 Inches, and of the like breadth, 
 but knows not of what length they are : verily believes a 
 wale or bond of 8 Inch stuff is not fit for large ships of 
 war. 
 
 Wales or bends and trunnels are materials ready made, 
 and cut out and fitted for shipping. There are wales or 
 bends laden on board the said ship ready made, cut out and 
 
 fitted for shipping, but no trunnels except as aforesaid ; and 
 such wales or bends and plank, in the manner they are now 
 made and cut out, can be used for building of ships and also 
 
 for building of houses. 
 
 ' Trunnels, wooden pins used in ship building. 
 D 2 
 
36 CASES DETERMINED IN THE 
 
 FoETBNB ^11. Eartman Hemke, carpenter of the Fortune de la Mer, 
 
 . 2. Deposes the same, but says the planks were not cut 
 
 1745, out to his knowledge, but believes they were intended to be 
 ^^ ' used in building of ships. 
 
 3. Deposes the same ; verily believes the fir deals were 
 not designed to be used in building of ships. 
 
 4. There are wales or bends on board the said ship fitted 
 for shipping ; that such wales or bends and oak plank in 
 the manner they are now cut out can be used for building 
 houses, which would be using them to great waste ; but 
 believes they were designed to he used in building of ships. 
 
 III. Thomas Pascall of Dover, shipwright, 
 2. The cargo of the said ship consists of oak planks, fir 
 planks, fir deals, oak wales or bends and trunnels ; the 
 oak planks are some of 5, some of 4 inches thick, and from 
 12 to 14 inches broad, and from 30 to 40 foot long, and 
 are fitted for building ships ; there are two bundles of 
 trunnels on board, about 50 in each; none of the said trunnels 
 are longer than 2 foot. Trunnels are generally made use 
 of in building ships, and are not generally used for any 
 other purpose, Trunnels used for building large ships are 
 generally 2 foot and some 3 foot long. 
 
 3. None of the fir planks in the said ship are thicker 
 than 2 inches, and about 15 or 20 foot long, and 12 inches 
 broad ; the fir planks which are generally used for making 
 decks of ships are from 30 to 40 foot long, and from 9 to 
 12 inches broad, and from 2 to 3 inches thick ; believes the 
 said fir planks were designed for building ships, and for no 
 other purpose ; and are cut out for making deck-planks and 
 for large ships. 
 
 4. The wales or bends of ships of war are from 8 or 9 
 to 4 inches thick, and from 36 to 40 foot long, and from 
 
HIGH COURT OF ADMIRALTY. 37 
 
 12 to 14 inches broad ; a wale made of 8-inch stuff is fit Fortune 
 for a large ship of war ; that wales and trunnels are mate- <-^ 
 rials ready cut out, and made fit for shipping ; there are 1745. 
 wales and trunnels on board the said ship fitted for shipping, 
 and the said wales, trunnels, and planks, in the manner they 
 are now cut out, can be used for building houses, which 
 would be great waste ; but Deponent verily believes they 
 were designed for ships. 
 
 TV. Franklin Allen of Dover, shipwright, 
 
 2. The same. 
 
 3. Deposes the same : believes the fir planks were de- 
 signed to be made use of in building ships, and for no 
 other purpose; the said planks are not cut out for any 
 particular purpose. 
 
 4. Deposes exactly the same as Pascall. 
 
 1 8 th February, 1744. Jochem Jeske gave in a claim, 
 with an affidavit, for the ship as the property of John 
 Philip and Gabriel Schultz, merchants at Dantzick, and 
 for the cargo of John Mathy, merchant at Dantzick. 
 
 14th March, 1744. He made affidavit that Ignatius 
 Hyacinth Mathy, mentioned in the bill of lading and the 
 preparatory examinations, and John Mathy, mentioned in 
 the claim, is the same person, and that he goes by both 
 names. 
 
 Juffrow Anna, Henry Base, & Hamburgh ship laden 
 with lead, bound from Hamburgh to Eouen in France, 
 taken by the Swift. 
 
 Ship and cargo condemned to George Hudson, com- 
 mander of the Swift, 12th November, 1744, as being laden 
 with contraband goods. 
 
 D 3 
 
38 CASES DETERMINED IN THE 
 
 FoRTDHB Dr. Paul, for the claimers. 
 
 > La Vierge Marie. 
 
 1745. 1st November, 1744, Postilion of Bourdeaux. 
 
 ^^ *• Timber determined not to be contraband. 
 
 Dr. Edmunds, same side. . 
 
 No treaty between Dantzick and us. 
 
 Dr. Simpson, for the captors. 
 
 La Vierge Marie ', laden with rough timber, and belonged 
 to Russians, held not to be contraband within the treaties 
 with Russia. 
 
 Postilion of Bourdeaux, shipped so soon after the war 
 that it could not appear they had knowledge of the war 
 when they were laden, and they also were rough timber. 
 
 He that supplies, an enemy with contraband goods acts 
 as an enemy. 
 
 ZoucKs Jus Feciale, part 2. sect. 8. nu. 13. 
 Binkershoek, the same. 
 
 Dr. Paul, contra for the claimers. 
 
 Goods of neuter states. 
 
 No law or treaty makes these goods contraband. 
 
 Trunnels on board not worth five shillings. 
 
 Dr. Edmunds, same side. 
 
 Nothing in the present case can forfeit ship or cargo. 
 
 She was on a fair trade. 
 
 ' On appeal, 15 July 1745, the ship to have gone into the question of 
 
 was restored as Dantzick property, contraband. FiV/epos?, pp. 43. & 45.; 
 
 and the cargo condemned as that of and also the Charlotte, 5 llob. 311. 
 Frenchmen, The court did not seem 
 
HIGH COURT OF ADMIRALTY. 
 
 39 
 
 All these goods come under the denomination of rough 
 timber. 
 
 We have the right of free commerce where no treaty 
 has forbid it. 
 
 These are distinct from the things necessary for building 
 ships. 
 
 In the Postilion of Bourdeaux the ship restored, and 
 primage' and freight allowed. 
 
 Binkershoek, lib. i. c. 10. 
 
 Grotius, lib. iii. c. 1. § 5. 
 
 Gronov. notes, ibid. 
 
 Sword scabbards contraband. 
 
 Instructions 1693 & 1704, 1706, the same with the 
 present instructions. 
 
 Pee Cur.: 
 
 Agreed the ship and cargo belong to Dantzickers, and 
 was bound to Brest with timber. 
 
 Some of the witnesses differ from others as to the di- 
 mensions of the planks. 
 
 But they agree these planks are much fitter for ship- 
 building than for any other use. 
 
 It does not appear certainly that the fir timber was for 
 shipping. 
 
 Timber is the product of the country about Dantzick, 
 in which they trade with all nations. 
 
 It does not appear the Dantzicker had any ill-intention 
 to supply the enemy ; but he meant only to vend his 
 commodity, and they also supply us with the same com- 
 modities. 
 
 Contraband is of an uncertain signification ; but many 
 
 ' Primage, an allowance of from 
 Id. to &d. in the lb., or on each packet 
 paid by the shipper or consignee to 
 
 the mariners and master of a ship for 
 loading the same. M'CuUoch's Com. 
 Diet, 
 
 FORTtrUI! 
 DE LA MeB. 
 
 1745. 
 March 4. 
 
 s 4 
 
40 
 
 CASES DETERMINED IN THE 
 
 FOETUNE 
 DE LA MeB. 
 
 1745. 
 
 March 4. 
 
 treaties have expressly declared naval stores not to be 
 contraband. 
 
 The Crown may make a declaration what shall be con 
 trabandj and then any contravener will be liable to confis- 
 cation.' 
 
 Equipage of a ship means sails, &c., not the hulls. 
 
 But the captors had good foundation for the seizure. 
 
 The Court pronounced just cause of seizure, and decreed 
 the ship to be restored, and the goods. 
 
 May 4. 1745. (SiR H. PeNRICE.) 
 
 T'Slotb 
 Copenhagen. 
 
 ' , ' 
 
 1745-6. 
 Feb. 21. 
 
 Contraband . 
 
 Ship Timber.' ■ 
 
 — Affidavit as 
 to nature. ■ — ■ 
 Commission of 
 Inspection. — 
 Danish Treaty, 
 1670. — Masts. 
 
 — Instructions. 
 
 — Master's 
 knowledge of 
 natare of cargo. 
 
 — Ship and 
 cargo con- 
 demned. 
 
 T'SLOTS COPENHAGEN. Albert Dirksen 
 KiETsr, Commander. 
 
 T' Slots Copenhagen, Albert Dirksen Kleyn, Com- 
 mander. Taken by the Swift Privateer, George Hudson, 
 Commander, and brought to Sandwich. 
 
 I am for the Swift. 
 
 18th June, 1745: preparatory examinations were taken 
 at Deal, by which it appears that this ship was taken on 
 18th June, 1745, about three or four Dutch miles to the 
 eastward of the South Foreland, without resistance. That 
 the ship is the property of Andries Claasen, a Dane by 
 birth, who resides at Elsineur, and was navigated with 
 nine mariners, besides the master, all Danes. 
 
 Burthen, 56 Danish lasts. 
 
 The ship was bound from Dantzick to St. Maloes, laden 
 with 276 oaken planks, 3 large square oaken beams, 12 
 
 ' Vide Hautefeuille, Des Nat. 
 Neutr., vol. ii. p. 439 . 
 ■ Cases respecting timber, Fortune 
 
 de la Mer, ante, p. 33. ; Endraught, 
 1 K. 22. J Imina, 3 K. 167.; Twende 
 Brodre, i Bob. 33. 
 
HIGH COURT OF ADMIRALTY. 41 
 
 spires of fir timher, for masts or yards, of the length of about T'Slots 
 50 or QQ feet, and several sorts of fir planks. . 
 
 That Mr. Jurename is the lader and owner of the said 1745-6. 
 goods, and lives at Dantzick, and that the goods were 
 to be delivered at St. Maloes, on the account of the said 
 Jurename, to whom they did belong. 
 
 Was seized, because she was laden with masts and 
 other contraband goods. 
 
 Witnesses examined : 
 
 Albert Dirksen Kleyn, master. 
 
 Dirk Hendricks, mate. 
 
 Thomas Pietersen Coster, boatswain. 
 
 The ship was furnished with the proper documents. 
 A charter-party, bill of lading.'' 
 Certificate of the property of the ship, &c. 
 
 2nd August, 1745. Dirksen Kleyn, the master, 
 claimed the ship as being the sole property of Andries 
 Claasen, residing at Elsineur, and a Danish subject, and 
 the cargo as being the sole property of Hendrick Soer- 
 mans, and Diederick Florus Soermans, merchants, residing 
 at and being subjects of the city of Dantzick. 
 
 N.B. It does not appear in the cause that Hendrick 
 Soermans has any interest in the cargo. 
 
 But it does appear that the ship is Danish property, and 
 the cargo Dantzick^ property. 
 
 The only question is, whether the timber is not fit for 
 
 ' When Dantzick was a free city, Eob. p. 164.; this exception also 
 
 exception was made in favour of extended to the Hanse Towns. JJuert, 
 
 exporting the produce of the neigh- 4 Rob. 355. 
 bouring country j vide Apollo, 4 
 
42 CASES DETERMINED IN THE 
 
 T'Slots masts, and the plants, &c., for building of ships, and as 
 
 CoFESHAGEN . guch Contraband. 
 
 1745-6. The master, in his affidavit annexed to his claim, swears 
 
 Feb. 21. .(.jjg^j. jjjg gijip ;g burden 100 tons, and that the largest of 
 
 the pieces of fir timber is not big enough for a mainmast 
 
 to his ship, and at most would only be fit for a mizen mast 
 
 for it ; that they may be converted into other uses, and 
 
 are generally cut into deals, and are seldom made into 
 
 masts, and are not called masts, either at Dantzick or 
 
 elsewhere. 
 
 19th August, 1745. 
 
 Caleb Burton and Joseph Jordan made affidavit that 
 the timber is fit for shipping, that several of the pieces of 
 timber would make a top mast for a 60 gun man of war, 
 and that they must pay duty as much as the largest masts, 
 by reason they are upwards of thirty-six inches in circum- 
 ference. 
 
 20th August. 
 
 Joshua Appleton deposed the same, and that they are 
 cut Into eight squares, by which they are fit only for 
 masts, and that the other timber is fit for ship-building, 
 and that there must be great loss, if they are employed in 
 other uses. 
 
 Peter Jarvis, Samuel Moon, and William Moulden, 
 masters of ships, swear the same, and that if they were 
 intended for deals, they would only be cut into four squares 
 at most. 
 
 27th August, 1745. 
 
 James Sheppard, mast-maker, affirmed that timbers of 
 the dimensions of these are masts, and being cut eight 
 
HIGH COURT OF ADMHIALTY. 43 
 
 sc[uare are only fit for that purpose, and are always so t'Slots 
 esteemed and pay duty as such, Cop^hagen. 
 
 1745-6. 
 6th September, 1745. ^^^- ^i- 
 
 Albert Dirksen Kleyn, made affidavit in answer, swears 
 that they are rough round timber, and not cut eight square 
 except within five or six feet at the ground, which is only 
 done for the sake of stowage, and that though it now 
 measures about sixteen inches diameter at the greater end, 
 and about thirteen inches diameter at the lesser end, yet 
 if it was to be cut into masts, they would not be able, on 
 account of the sap part thereof, which must be cut away, 
 to make any other sorts of masts than mizen masts for 
 ships of about 100 tons, and that they are not fitted for 
 masts of any man of war. 
 
 Ship's Papers : — 
 
 No. 6. is a bill of lading of the whole cargo, in which 
 the master acknowledges to have received on board from 
 Diederick Floras Soermans, citizen and inhabitant of 
 Dantzick, and for his account and risk the timber specified, 
 which he promises to deliver at St. Maloes to Madame 
 Brezet, widow of the late Mr. Salobert, deceased, or her 
 factor or assigns. 
 
 Dr. Paul, for the claimers. 
 
 That part which is cut eight square was only for better 
 stowage. 
 
 14th December, 1744, La Vierge Marie. ' 
 
 Laden with masts, spars, clap board, &c., on board a 
 Dantzick ship, but laden at Kiga, and bound for France. 
 
 ' Vide ante, p. 38. 
 
44 CASES DETERMINED IN THE 
 
 T'Slots. This Court ordered her to be dismist and restored ; she 
 
 t was taken by a man of war in Catwater at Plymouth. 
 
 1745-6. The Lords, upon appeal, directed the property should be 
 
 proved upon supposition the cargo was French property. 
 
 Dr. Simpson, same side. 
 
 The Court at the motion of the claimers decreed a 
 commission of inspection to see what the timber on board 
 is, whether fitted for shipping or not, and ordered the ship 
 to be brought round from Sandwich to Deptford, at the 
 expense and risk of the claimers, and they to give security 
 to the captors in lOOOZ. for securing the ship's safe arrival 
 at Deptford, or to answer her value if lost : did not go 
 into the evidence. 
 
 February 8th, 1745-6. 
 
 The inspection was waved, and so the cause was heard 
 upon the evidence, as above stated. 
 
 Dr. Paul, for the claimers. 
 
 We waved the inspection, because we must have paid 
 the duties, and the expense would have been more than 
 the cargo was worth. 
 
 Dr. Simpson, same side. 
 
 We insist this is rough timber. 
 
 Dr. Jenner, for the captors. 
 
 Declaration of war prohibits carrying of contraband 
 goods to the enemy. 
 
 Every part of this cargo is subject to confiscation. 
 
HIGH COURT OF ADMIRALTY. 45 
 
 Definition of contraband derived from Bannum, ■which T'Slots 
 signmes notmcation or edict. > 
 
 In the case of the Vierge Marie^, it was insisted on by ^*- ^^• 
 the claimers, that the cargo, which belonged to Eussians, 
 was not confiscable by the Russian treaty. 
 
 Before the Lords a doubt arose upon the property, 
 because consigned to A. B. or his assigns, and the Lords 
 did not care to determine the point as to the treaty then, 
 and therefore ordered the claimers to prove their pro- 
 perty. 
 
 ZoudCs Jus Feciale, part 2. sect. 8, 9. 13. 
 
 If anything contraband is on board a ship, it shall forfeit 
 all, at least, that belongs to the owner of the contraband. 
 
 Loccenius, De Jur. Marit., part ii. 351., the same. 
 
 Binkershoeh, cap. 12., the same. 
 
 Arms of Copenhagen, 1691, 12th January. 
 
 Danish ship laden with deal and planks, bound from 
 Norway to Nantes, condemned as prize generally, but not 
 as goods of enemies. 
 
 Affirmed by Lords. 
 
 1693. The Unity, bound from Christianstadt to Bour- 
 deaux. 
 
 Lading deals 11 or 12 feet long, 3500 fir planks 17 or 
 18 feet long, 72 pieces of oak 8 or 9 feet long. 
 
 Ten pieces of round fir timber from 29 to 30 foot long, 
 and pipe staves. 
 
 Taken by the Falmouth privateer. 
 
 Ship and lading condemned. 
 
 Affirmed by the Lords. 
 
 This Judgement given upon the nature of the cargo, 
 although none of it in the evidence came under the descrip- 
 tion in the king's instructions. 
 
 ' Vide ante, p. 38. 
 
46 CASES DETERMINED IN THE' 
 
 T'Slois Dr. PauVs argument for olaimers. 
 
 Copenhagen. mi i • ■, ■> i ■ • . i -i 
 
 V Y— ' ^'^^ ^'"v question whether this cargo is contraband. 
 
 1745-6, Binkei-shoek, cap 9. p. 77. 
 
 Feb. 21 ' r r 
 
 Contraband are those things quce uti sunt hello apta 
 
 possunt, all masts not fitting for war, these are only for 
 
 small ships. 
 
 Their witnesses swear they inspected as near as they 
 could come at them. 
 
 This is not concludent evidence. 
 
 The master, who was the loader, swears they are rough 
 timber cut eight square for stowage. 
 
 Not contradicted. 
 
 They have not proved it fit for a man of war upon a full 
 view. 
 
 No dispute but those on board the Vierge Marie ' were 
 masts. 
 
 C. J. Willes of opinion goods consigned to an enemy to 
 be his, were become his property by the consignment. 
 
 No ships carrying timber have been condemned this 
 war. 
 
 Dr. Simpson, same side. 
 
 Immaterial whether these are rough or made up timber, 
 for in either case they are not contraband. 
 
 If they had been cut eight square throughout they 
 would have been masts. 
 
 The cargo of small value. 
 
 Affidavits not strictly legal evidence. 
 
 As a Danish ship she has the privilege of carrying the 
 same as the Dutch. 
 
 Treaty of 1670 with Denmark, art 40., stipulates the 
 
 ' Vide ante, p. 38. 
 
HIGH COURT OF ADMIRALTY. 47 
 
 Dane shall have all the privileges which shall be granted t'Slots 
 to the Dutch, and so may carry naval stores. Copenhagen. 
 
 The instructions are not notified to allies. 1745-6. 
 
 Timber and masts not contraband by Laws of Nations, ^^^- ^i- 
 and therefore not confiscable. 
 
 Timber the principal commodities of these countries. 
 
 Can't be supposed they would consent to starve them- 
 selves. 
 
 Suppose saltpetre ' was the natural commodity of any 
 country. 
 
 Laws of Nations to be collected from treaties. 
 
 In all treaties masts declared not to be contraband. 
 
 The Dutch have often declared by special edicts what 
 shall be contraband. 
 
 If masts were contraband, it would not affect the rest of 
 the cargo. 
 
 Many cases where the ship has been restored, though 
 the cargo was condemned. 
 
 Being contraband does not make it forfeitable but by 
 treaties. 
 
 The Vierge Marie could not be privileged by the treaty, 
 because she was not a Russian ship. 
 
 North Star, Swedish ship, laden with masts, restored 
 in 1684. 
 
 The Marie, 1694, Swedish ship, restored, though laden 
 with pitch and tar. 
 
 Dr. Jenner's reply. 
 
 It must be presumed the king's ministers at foreign 
 Courts have notified the king's instructions to the Courts 
 where they reside. 
 
 . ' Vide Neptunus, 6 Bob. 407. 
 
48 CASES DETERMINED IN THE 
 
 T'Slots Per Cue. : 
 
 Cotenhagbn. rjjjg gijjp appears to be Danish, the cargo timber. 
 1745-6. Insisted that several masts on board large enough for 
 
 Feb. 21. jjjgjj Qf ^g^j,^ g^jj^ therefore contraband. 
 
 Does not appear she sailed from a Danish port. 
 
 The charter-party is dated at Dantzick, was going to 
 St. MaloeSj is a ship trading backwards and forwards to 
 and from France. Carried from France a cargo of wine 
 and brandy, was returning with these timbers, which were 
 not of the growth of Denmark, but were taken in at 
 Dantzick. Indeed, it is not probable that any nations 
 should consent to restrain the sale of their own com- 
 modities. 
 
 But that is not the present case. 
 
 The Vierge Marie is before the Lords, and till It is 
 adjudged it is no precedent. 
 
 Art 40. of treaty in 1670 with Denmark*, relates to 
 duties payable by each nation, but it has never been taken 
 to put them upon the same foot as the Dutch as to the 
 freedom of navigation. 
 
 Perhaps it may be rough timber, for it cannot be 
 properly fitted till it is put into the ship. 
 
 The witnesses say it is cut eight square, which is the 
 manner of cutting masts. 
 
 Naval stores are not apta bello per se, but are afterwards 
 to be adapted. 
 
 Various distinctions upon these goods which are promis- 
 cui usus. 
 
 It is apparent that this was a cargo fit for shipping, and 
 the masts are big enough for men-of-war. 
 
 ' Vide Dumont, vol. vii. p. 136. vide Endraught, 1 Eob. 22. ; Maria, 
 As to Treaty with Denmark, id. 373. ; Twende Brodre, 4 Bob. 
 and explanatory article of 1780, 314. 
 
HIGH COURT OF ADMIRALTY. 
 
 49 
 
 I am of opinion the privateer was well justified by the 
 king's instructions to seize this ship and cargo, and it is to 
 be presumed the king's ministers have notified to neutral 
 nations the king's instructions. 
 
 I am clearly of opinion the cargo is lawful prize : I am 
 not so clear as to the ship ; but as she was chartered by 
 the captain, who knew what the cargo was, I think the 
 ship is likewise liable to confiscation. 
 
 Pronounced the ship and cargo to be condemned as 
 lawful prize. 
 
 February 21st 1745-6. 
 
 T'Slots 
 Copenhagen. 
 
 1745-6. 
 
 Feb. 21. 
 
 THE LOUISSA. Nils Reinicke, Master. 
 
 The Louissa, Nils Eeinicke, Master, taken by the 
 Carlisle Privateer, William Owens, Commander, and 
 brought to Dover. 
 
 I am for the Carlisle. 
 
 This ship is burden 50^ Swedish lasts. 
 
 Four guns : had on board, besides the master, six 
 mariners and three boys : taken on the 2nd of September, 
 1745, by the Carlisle, about five In the morning under 
 sail, wind at E.S.E., steering south by the wind about one 
 Dutch mile from the French shore by Cape Antifer, and 
 about two or three Swedish miles from Havre de Grace. 
 
 The LomssA. 
 ^ * 
 
 1745-6. 
 
 March 4. 
 Contraband. — 
 Cargo, produce 
 of neutral coun- 
 try', destination 
 discretionary. 
 
 — Swedish 
 Treaty, 1661. 
 
 — Passport, 
 want of. — Res- 
 titution, condi- 
 tional to sell in 
 Lisbon. — Cer- 
 tificate thereof. 
 
 ' As to exemption in favour of 
 natiye growth or produce ; Vide 
 Stadt Embden, 1 Rob. 26.; Mingende 
 Jacob, id. 90. ; Jonge Margaretta, 
 id. 193. ; Sarah Christina, id. 238. ; 
 Maria, id. 373. ; Franklin, 3 Rob. 
 
 219. ; Nmtraliter, id. 297. ; Twende 
 Brodie, 4 Rob. 35. ; Apollo, id. 158.; 
 Christina Maria, id. 166.; Twee 
 Juffrowen, id. 243. ; Evert, id. 355. ; 
 Charlotte, 5 Rob. 309. ; Neptunvs, 
 6 Rob. 407. 
 
50 
 
 CASES DETERMINED IN THE 
 
 The LoTiissA. 
 V , . 
 
 1745-6. 
 
 March 4. 
 
 No resistance made. 
 
 Mariners all Swedes, and came on board at Calmar 
 except one, who came on board at Elsineur. 
 
 The master owner of one-eighth of ship and lading, and 
 about eight or nine barrels of pitch and tar belonged to the 
 crew. 
 
 She was bound from Skiaggenas, near Calmar in 
 Sweden, to Lisbon ', or any -port or -place in England or 
 France, as the master should think fit to go to if the voyage 
 was likely to prove long. 
 
 Her lading was broad paving stones, pitch, tar, and fir 
 planks, and no other sort of goods ; at the time she was 
 seized she was proceeding to Havre de Grace for a market. 
 
 Nils Reinicke the master. Major Henrich Wulfhlon, 
 and Count Nils Julius Levenhaupt, are the owners of 
 ship and lading, all Swedes. 
 
 The lading is about 1500 broad paving stones about 
 two feet square. 
 
 Thirty-six barrels of pitch. 
 
 Sixty barrels of tar, and fir planks of the thickness of 
 an inch and an inch and a half, and none thicker, and of the 
 length of 14 to 6 feet and none longer, and of the breadth of 
 8, 9, and 10 inches, and none broader, and 9 or 10 barrels of 
 pitch and tar, which belonged to some of the mariners. 
 
 The said goods were to have been delivered at Havre de 
 Grace for the owners'* account, who were also the laders. 
 
 The master swears that the bill of lading (which 
 mentions that the goods are to be delivered at Lisbon) Is 
 not colourable. 
 
 No charter party. 
 
 These facts appear from the deposliion of the master 
 Nils Reinicke. 
 
 ' Ab to discretionary destination ; Vide Twende Brodre, 4 Rob. 33. 
 
HIGH COURT OF ADMIRALTY. 
 
 II. Anders Ries, mate 
 
 8th art. Says the ship was bound to Lisbon when she 
 was taken, as he was informed by the owners, and believes 
 to be true, and to no other port or place to his knowledge, 
 and the voyage was to have ended there as he believes. 
 
 In all other respects agrees with the master. 
 
 III. Victor Carl Wulfhlon, passenger. 
 
 8th art. Deponent Is son to Wulfhlon, one of the owners. 
 Says the ship was bound to Lisbon, as he was Informed by 
 his father, and to no other port or place to his knowledge, 
 and the voyage was there to end. She was detained at 
 Ulsund In Norway, by contrary winds ; believes she was 
 proceeding to Lisbon, and not to any port in France. 
 
 In all other respects agrees with Keinicke. 
 
 Ship's papers : — 
 
 No. 1. Bill of lading dated Calmar, July 30th 1745, 
 signed Nils Eieinicke, acknowledges to have received on 
 board, of Mr. Henry Wulfhlon, 1536 pieces of polished 
 Ohland stones, 36 barrels of tar, 36 ban-els of pitch, 72 
 oars, 96 pairs of handspikes, 145| dozen of deal boards 7 
 ells long, 1 1 dozen of 8 ells ditto, and 2 small spires, which 
 he promises to deliver at Lisbon to Messrs. Arvidson^ 
 Brothers or order. 
 
 No freight for own account. 
 
 No. 2. A clearance dated at Stockholm, 12th July 
 1745, In which the ship Is said to belong only to subjects 
 of Sweden, and to be bound to Lisbon. 
 
 No. 3. Declaration that the ship appears on the oath of 
 
 51 
 
 The LoTJissA. 
 
 ' , ' 
 
 1745-6. 
 
 March 4. 
 
 ' Sic in MSS., but probably should be Arfwedson, the Swedish consul re- 
 ferred to afterwards. 
 
 E 2 
 
52 CASES DETERMINED IN THE 
 
 The LouissA. the owners to be Swedish property, which is certified in 
 "■^ « order to exempt her from toll duties. 
 
 March 4.* Dated at Stockholm, 16th July 1745. 
 
 No. 4. A Danish clearing note setting forth that 
 Captain Nils Reinicke, bound from Calmar to Lisbon, 
 then lying at Cronenburg, had paid the toll at the Oresund 
 toll chamber, August 14th 1745. 
 
 No. 5. Instructions for Captain Nils Eeinicke, July 
 23rd 1745 : 
 
 " After he Is arrived at Lisbon, which is the place he 
 "is designed, with his ship the Louissa, and the cargo 
 " disposed of, he must do his best to get there a freight 
 " before the winter ; but in case he can get no good or 
 " advantageous freight, he shall load salt and give me timely 
 " information." Gives some further direction, then adds, 
 "as far as the rest I leave to the captain a free management 
 " of ship and goods, and that he, in whatever place he may 
 " arrive, consult and take the advice of our friends. 
 (Signed) " For Count Levenhaupt and self, 
 
 "Henkt Wulfhlon." 
 
 Gives him names of his correspondents in several places. 
 
 No. 6. A certificate of the dimensions of the ship. 
 
 1st October 1745. Nils Eeinicke the master on oath 
 claimed the ship and cargo as being the sole property of 
 himself, and of Nils Levenhaupt, and Henrich Wulfhlon, 
 subjects of Sweden, and inhabitants there. 
 
 14th October 1745. Nils Eeinicke made affidavit that 
 the Louissa at the capture was the property of him and 
 
HIGH COURT OF ADMIRALTY. 
 
 53 
 
 other Swedish subjects, and was consigned to Lisbon 
 according to the original bill of lading, where he really 
 intended to have gone when he first sailed from Sweden ; but 
 Deponent had a discretionary power, as is usual for Swedish 
 commanders, to sell the cargo in any place in France or 
 England where he could get the best price, in case he 
 should, by contrary winds or otherwise, be delayed in his 
 voyage, so as to render his return impracticable, which 
 every winter is the case in those seas, they being then 
 constantly frozen so as not to admit of navigation. Depo- 
 nent sailed from Skiaggenaa in Sweden, 26th July 1745, 
 O.S. for Calmar, -where he arrived the same day, and having 
 got his clearance, sailed from thence 31st July for Lisbon, 
 not then having any intention to make for any other port : 
 meeting with bad weather and contrary winds on 12th 
 August, made the port of Ulfsund, where he was forced 
 to stay on account of bad weather and contrary winds till 
 21st August, and then sailed for Lisbon, hoping still to be 
 able to make his voyage in due time : on 30^A August was 
 met by an English man-of-war, who examined his papers 
 and then dismissed him ; afterwards on said ZOth August 
 was met by a French privateer, who detained him till the 
 next morning, and then the said privateer, seeing two sails, 
 left Deponent's ship and chased them, but told Deponent 
 he would come to him again presently. Deponent made sail 
 from the said privateer nearer the shore, in hopes to escape 
 being any longer detained by him: the next day, being the 
 1st of September, imagining himself to be got quite clear 
 from such privateer, and not far from the port of Havre de 
 Grace, and fearing lest he should be stopped by other 
 privateers, and considering it was so late in the year, that 
 if he met with bad weather or any further hindrance he 
 
 E 3 
 
 The LomssA. 
 , ' 
 
 1745-6. 
 March 4. 
 
54 
 
 CASES DETEKMINED IN THE 
 
 1745-6. 
 
 March 4. 
 
 TheLouissA. should Certainly be prevented returning home, Deponent^ 
 was therefoi-e determined to make for the port of Havre de 
 Grace, to see If he could get a good market for his lading. 
 The great hindrances Deponent had met with as before 
 set forth, and fearing still further, whereby he should te 
 prevented returning home in time, were the only reasons 
 for his making for the port of Havre de Grace ; and early 
 in the morning of the day following, being the 2nd of 
 September, he was taken by the Carlisle privateer. 
 
 N.B. This ship and cargo plainly appears to be Swedish 
 property. 
 
 But she had not a passport according to the Treaty of 
 1661^, had contraband goods on board, and was actually 
 going to an enemy's port ; but it is very probable, both 
 from the preparatories, the ship's papers, and the master's 
 affidavit, that she was bound to Lisbon, if she had not 
 been impeded in her voyage by accidents. 
 
 The question is, whether, under these particular circum- 
 stances the ship and cargo are liable to confiscation. 
 
 Dr. Edmunds, for the claimers. 
 
 Very different from the other cases of Swedish ships, 
 for this was bound to Lisbon. 
 
 Discretionary power to go to Lisbon, England, or 
 France. 
 
 Di: Jenner, same side. 
 
 Forced by the lateness of her voyage to go to Havre de 
 Grace. 
 
 ' Vide Twende Brodie, 4 Kob. ^ Vide Dumont, vol. vi. p. 3S6. ; 
 
 33. D'Hauterive, vol. vii. p. 246, 264. 
 
HIGH COUKT OF ADMIRALTY. 
 
 55 
 
 Ship's papers. Instructions to master, and all the pro- TheLomssA. 
 ceedlngs show she was intended for Lisbon. 1745-6. 
 
 We do offer to give bail to deliver this cargo at Lisbon, March 4. 
 and to certify of the delivery there. 
 
 Dr. Simpson, for the captors. 
 
 * 
 Dr. Edmunds' argument for the claimers. 
 
 We admit just cause of seizure for want of the Treaty 
 
 passport. 
 
 The consignee is a resident at Lisbon. 
 
 The master swears he intended to go to Lisbon. 
 
 The quantity of pitch and tar very small. 
 
 Dr. Jenner, same side. 
 
 They did not intend to assist the enemy, but to go to 
 a friend. 
 
 Captain, part owner, swears he had a discretionary power 
 what port he would go to If the voyage should prove long. 
 
 Went to Havre by the act of God. 
 
 Said the clearance Is not an oath, never is. 
 
 (N.B. True, hut therefore not a material evidence.^ 
 
 The Charles, John Snock, master, 1691. 
 
 Laden with pitch, tar, and planks, taken by the Crown 
 man-of-war. 
 
 Ship and cargo discharged on giving security not to sell 
 It In an enemy's port. 
 
 St. Antonio, Gasper Gometz, master, 1696. 
 
 Part of lading contraband, restored, giving bail to deliver 
 cargo at Portugal and to certify. 
 
 Did certify and the bail discharged. 
 
 The polished stone part of the cargo shows It was rather 
 Intended to go to Lisbon than to Havre. 
 
 E 4 
 
56 
 
 CASES DETERMINED IN THE 
 
 The LonissA. 
 1745-6. 
 
 March 4. 
 
 Pee Cueiam: 
 
 Cargo consists of various species. 
 
 Master, part owner of both ship and cargo. 
 
 At the outset the destination of the voyage appears to 
 have been to Lisbon, but with power to sell either at 
 France or England. 
 
 The Intention was ta?sell cargo at the best market. 
 
 She was drove on the French coast by privateers. 
 
 She then designed to go to Havre de Grace, It being 
 too late to go to Lisbon. 
 
 No mala fides appears, and I must not presume it. 
 
 There does not seem to be an intention of aiding the 
 enemy, but an intention only of selling cargo at the best 
 market. 
 
 It does not appear that the bills of lading are colourable. 
 
 Under the whole circumstances of the case It seems to 
 me he was rather forced into Havre than chose to go 
 thither. 
 
 But being found on the French coast there was just 
 cause to seize her, and also because there was not a pass- 
 port according to the Treaty. 
 
 But the cargo appears in its nature to be Swedish. 
 
 I must, therefore, decree restitution of the ship and 
 goods upon giving bail to sell the cargo in Lisbon, and to 
 certify of the sale of It there in four months. 
 
 Bail for that purpose to be given in 2000Z., and pro- 
 nounced just cause of seizure. 
 
 March 4th, 1745-6. 
 
 Ordered the restitution not to go under seal within 
 fifteen days. 
 
 A certificate is now brought in from Arfwed Arfwcd- 
 son, Swedish consul at Lisbon, in which he certifies that 
 
HIGH COURT OF ADMIRALTY. 
 
 57 
 
 1745-6. 
 
 March 4. 
 
 Eelnlcke, the master, has desired him to give him a decla- The LomssA. 
 
 ration that he has delivered his loading at Lishon, which the 
 
 said consul certifies, because he knows for certain that the 
 
 master has delivered his cargo at Lisbon, took in salt there 
 
 and sailed from thence 27th May, 1746, bound to St. Ubes. 
 
 It is dated 30th May, 1746. 
 
 No date when cargo delivered at Lisbon, or to whom, 
 nor is the certificate that any oath has been made of such 
 delivery. 
 
 The captors to whom the security was given object to 
 this certificate, and pray the bail may not be discharged. 
 
 Pee Cueiam: 
 
 Plain objections to this certificate, it is only the assertion 
 of the parties concerned. 
 
 It is not agreeable to the certificates returned in former 
 cases of this sort. 
 
 It should have been certified by the magistrates of 
 Lisbon, or the Custom House officers there. 
 
 I direct a new certificate, agreeable to the precedent 
 in former cases, to be brought into the registry by the 
 third Session of next term. 
 
 September 6th, 1746, 
 
 ST. NICHOLAS OF GOTTENBURGH. 
 Labs Boegeson Isbeeg, Master. 
 
 St. Nicholas of Gottenburgh, Lars Borgeson Isberg, 
 Master. Taken by my client George Hudson, Com- 
 mander of the Swift Privateer. 
 
 ^St. Nicholas. 
 
 ' , ' 
 
 1745-6. 
 Marcli 3, 
 
58 CASES DETERMINED IN THE 
 
 St. Nicholas. This ship was taken on 26th April, 1745, O.9., about 
 1745-6 ^^° °'" ^^^^^ leagues from Calais, without resistance and 
 March 3. brought to the Downs. 
 
 Preparatory examinations were taken at Deal, 29th 
 April, 1745, by whiclut appears that this ship is burthen 
 fwenty-nine and a half Swedish lasts. 
 
 Navigated with six mariners, and the master : 
 
 Was bound from Gottenburgh to Calais. 
 
 Laden with 106 casks of pitch ; 90 casks of tar ; 600 
 of single deals; 400 of double deals; 100 bundles of 
 square steel, weighing about 41 Swedish ship pounds. 
 
 That Daniel Witterling, a Swedish subject, was the 
 lader and owner of the said pitch and tar and deals. 
 
 And Nicholas Salgren, likewise a Swedish subject, was 
 the lader and owner of the steel : 
 
 All which goods were to be delivered at Calais to Mr. 
 Coquant, on the account of said Salgren and Witterling. 
 
 And that the ship is the property of Lars Isberg, the 
 Master, the said Daniel Witterling, and Pleter Boystrom, 
 all Swedes residing at Gottenburgh or other places in 
 Sweden. 
 
 Lars Isberg, the master. 
 
 Borge Pierson, mariner, and Matthias Martson, mariner, 
 are examined. 
 
 The ship's papers are fair, but there Is no passport ac- 
 cording to Treaty. 
 
 11th May, 1745, Lars Isberg, the master, claimed the 
 ship as being the sole pi-operty of himself, of Daniel 
 Witterling, and Pleter Boystrom ; 
 
HIGH COURT OF ADMIRALTY. 
 
 59 
 
 And the cargo as being the property of the said Daniel St. Nicholas. 
 Wltterllng and Nicholas Salgren, all subjects of Sweden. \>t7^~r' 
 
 N. B. There is no doubt but that the ship and cargo is 
 Swedish property, but the question is, whether the lading 
 is not contraband, and, as such, confiscable together with 
 the ship. 
 
 Dr. Paul, for the claimers. 
 
 The passport according to the Treaty has not of late 
 been used. 
 
 Plank ' and steel ^ are not enumerated in the instructions 
 as contraband. 
 
 Pitch and tar are free, because not expressly pro- 
 hibited. 
 
 Treaty between Cromioell and the Queen of Sweden in 
 16.54, art. ll.^ 
 
 Treaty with Cromwell in 1656.'' 
 
 1691. TJie Charles, laden with pitch, tar, and deals, 
 cleared from Sweden to Lisbon, but suspected to be bound 
 for France. 
 
 Obliged to give security to go to Lisbon. 
 
 1691. The Marie, Olan Nelson Master, laden with 
 deals, iron, pitch, and tar, bound to Eochelle, taken by 
 the Elizabeth, Swedish ship, restored 16th July. 
 
 3rd May, goods condemned. 
 
 •March 3. 
 
 ' By compact between Great 
 Britain and Denmark, planks are 
 not contraband ; vide Einigheden, 
 1 Rob. 324. 
 
 ' In the case of the De Hoop, 
 Witzes decided in the High Court of 
 Admiralty, 14 July, 1801, but not 
 reported in Robinson's Reports, 
 
 steel, of which a sword had been 
 made, and which was produced 
 under an affidavit in Court, under 
 the circumstances of the case, was 
 pronounced not to be contraband. 
 Euphemia Stewart Reports, p. 566. 
 
 ' Vide Dumont, vol. vi. p. 80. 
 
 * Vide Dumont, vol. vi. p. 125. 
 
60 
 
 CASES DETERMINED IN THE 
 
 1745-6. 
 
 March 3. 
 
 St. NiciHOLAs. Appealed, Lords ordered it to be restored, giving 
 security to sell the cargo in England. 
 
 1694. North Star, Swedish ship contraband cargo. 
 
 Ship restored, cargo condemned. 
 
 Appealed, Lords ordered cargo to be sold, giving 
 security to sell it in England. 
 
 This case differs from the Med Guds Hielpe, because the 
 whole cargo was pitch and tar. 
 
 In the case of the Hewa^, a special cause in the charter- 
 party that the freighter should bear the hazard if there 
 were any contraband goods. 
 
 Dr. Edmund, same side. 
 
 If the goods are confiscable, all the cases in former wars 
 show the ship ought not to be condemned nor the rest of 
 the cargo which is not contraband. 
 
 The Court condemned the pitch and tar ^, and assigned 
 to have precedents laid before him the first day of next 
 Term, as to the condemnation of the ship and the rest of 
 the cargo. 
 
 March 3rd, 1745-6. 
 
 ' Vide post, p. 62. 
 
 2 Pitch and tar, before 1656, 
 doubtful ; Maria, 1 Rob. 372. In 
 the time of Sir L. Jenkins (1674), 
 not generally esteemed contraband, 
 unless prohibited by special notifica- 
 tion. Twee Juffrowen, 4 Bob. 243. 
 1750. In the Med Guds Hielpe the 
 
 whole cargo, being pitch and tar, was 
 condemned. Staadt Emhden, 1 
 Rob. 29.; and see case reported tn^a. 
 Held contraband, Staadt Embden, 
 1 Bob. 30. ; Sichmond, 5 Rob. 328. ; 
 was subject to pre-emption, Maria, 
 1 Bob. 373. ; by Swedish Treaty, 
 JVeptunus, 6 Bob. 405. 
 
HIGH COURT OF ADMIRALTY. 61 
 
 LOUISA. Peter Shandberg, Master. The Louisa. 
 
 Louisa, Peter Shandberg, Master. Taken by the 1745-6. 
 
 Sutherland Privateer, Capt. John Sutherland, Commander. ^^'^'^ ^• 
 
 Contraband. — 
 Pitch and tar, 
 
 This ship was taken about five or six o'clock in the condemned! — 
 morning of the 10th May, 1745, o.s., about five or six Passport, want 
 leagues from the shore of Dieppe, and carried into Dover ; on ship and 
 no resistance made. ^^^^° 
 
 The ship was manned with the master, two mariners 
 and one boy, all Swedes. 
 
 The ship was bound from Udewalla, near Gottenburg 
 in Sweden, to Havre de Grace in France. 
 
 She was laden with 150 barrels of pitch, and three small 
 bundles of four square bars of steel ^ each bar about 4| 
 ft. long and 1 in. thick, and weighing about one ship 
 pound. 
 
 A claim is entered by the master for the ship and goods, 
 as being the sole property of John Hock of Udewalla, near 
 Gottenburg, a Swedish merchant. 
 
 And it appears by the evidence that the ship and cargo 
 does entirely belong to the said John Hock. 
 
 The question is only whether she, being laden with 
 pitch, which by the king's instruction is contraband, is not 
 liable to be seized as prize. 
 
 Ship's papers : — 
 
 No. 1. A fair bill of lading. 
 
 ' Note, p. 59. 
 
62 
 
 CASES DETERMINED IN THE 
 
 The LoDisA. 
 
 • K; ' 
 
 1745-6. 
 March 3. 
 
 No. 2. A clearance at Udewalla for the cargo, dated 
 30th April, 1745. 
 
 No. 3. A bill of privilege upon oath made that the ship 
 belongs wholly to the said John Hock, dated at Stockholm, 
 27th July, 1745. 
 
 N.B. This bill was granted after the capture. 
 
 N.B, There is.no passport according to Treaty. 
 
 Condemned the pitch and tar ^ and reserved the consi- 
 deration of the ship and the rest of the cargo to the first 
 day of Easter Term. 
 
 March 3rd, 1745-6. 
 
 The Hew A.' 
 1745-6. 
 
 March 3. 
 Contraband. — 
 Cargo, pitch, 
 tar, deal hoards, 
 and iron.— 
 Swedish trea- 
 ties 1654, 
 1656,1661, 
 1664. — Pass- 
 port, want of. — 
 King's instruc- 
 tions to priva- 
 teers. — Con- 
 demned. 
 
 THE HEWA. Andreas Oloffson, Master. 
 
 The Hewa, Andreas Oloffson, Master, taken by the Swift 
 Privateer, George Hudson, Commander. 
 
 I am for the Swift. 
 
 Preparatory examinations were taken at Deal on 9 th 
 May, 1745. 
 
 7th May, 1745. Ship taken and carried into the Downs. 
 Burden 18 Swedish tons.^ Had five mariners, including 
 the master. 
 
 ' iVote, p. 60. 
 
 « SWEDISH MONEY, WEIGHTS 
 AND MEASURES. 
 (Pari. Statist. Tables.) 
 
 Monet : 
 Rix doUar Banco ...about Is. Bd. 
 Weights and Measures ; 
 
 Mark about 6| oz- 
 
 Lod, 16 to the mark Sjdwts. 
 
 Slidlpund ( commercial 0'936 lbs. av. 
 or Pound I metal 0-477 „ 
 
 Lispund of 20 f comm. a. 6 to the ct. 
 
 skalpunds \ metal 7 „ 
 
 Skeppund of /comm. ...6 to the ton. 
 20 X!sp«K(is\ metal ...4| „ 
 
 26 Lispunds \ " 
 
 Ship last 2 tons. 
 
 Tunna . . .from 4 to 4 J imp. bushels. 
 
 Kann , 4 „ 6 imp. pints. 
 
 Ell about § of a yard. 
 
 Mile, nearly equal to 
 
 6 miles, 5 furlongs English. 
 
HIGH COURT OF ADMIRALTY. 
 
 ea 
 
 Bound from Gottenburgh to St. Martin's, in France. 
 
 Laden with iron, pitch, tar, and deals. 
 
 The voyage before she was bound from Gottenburgh to 
 St. Martin's, and back to Gottenburgh, and had at her first 
 setting out on the said voyage a lading of iron and deals. 
 
 Casper Wohlfhart and Erick Lidberg are the owners of 
 the ship, both Swedes, born at Gottenburgh, where they 
 now live with their families. 
 
 The lading was put on board at Gottenburgh in April, 
 1745, consists of 85 casks of pitch, 30 barrels of tar, 370 
 iron bars, and 96 dozen of deals. 
 
 David Olberg was the lader and owner of the said goods : 
 he is of the Swedish nation, a Lutheran, and now lives at 
 Gottenburgh. They were to be delivered at St. Martin's 
 upon account of the said Olberg to Christian Craft, there 
 to be sold in order to purchase another cargo for Gotten- 
 burgh. 
 
 One bill of lading only signed ; that not colourable. 
 
 Was taken in middle Channel, between Dover and 
 Calais. 
 
 Ship was built at Gottenburgh. 
 
 These facts are proved by three of the said ship's crew, 
 who were examined by the captors, viz. — 
 L Andreas Oloffson, master. 
 
 2. Hans Hekerberg, mariner. 
 
 3. Anders Oloffson, mariner. 
 
 The Hewa. 
 
 ^ * 
 
 1745-6. 
 March 3. 
 
 Ship's papers : — 
 
 No. 1. A toll brief, dated 3rd April, 1745, but there is 
 no passport agreeable to the treaty o/" 1661. 
 
 No. 2. A certificate that the ship is Swedish built, dated 
 8th July, 1741. 
 
64 CASES DETERMINED IN THE 
 
 TheHEWA. No. 3. Charter-party, dated Gottenburgh, 11th Fe- 
 1745-6 hruary, 1745, signed by Anders Oloffson, the Master, and 
 March 3. David Olberts, the freighter, to go to such places in Eng- 
 land, or in the bays of France, as the freighter shall think 
 proper, has this clause in it: — "It Is further agreed, that 
 no goods which are declared contraband by the powers that 
 are now in war together, shall in any place be shipped on 
 board the said vessel, and in such a case the freighter shall 
 be answerable for the damage." 
 
 No. 4. A clearance, in which the cargo is specified, 
 dated at Gottenburgh, April 25th, 1745. 
 
 No. 5. Passport from the Swedish admiral, but not pur- 
 suant to the treaty. 
 
 No. 6. Bill of lading, dated at Gottenburgh, April 29tli, 
 1745, signed Anders Oloffson, by which he acknowledges 
 to have received on board from Mr. David Olberts 370 
 bars of iron, 85 barrels of crown pitch, 30 barrels of tar, 
 96 dozen of good 1^-inch fir boards ; which he promises to 
 deliver to Mr. Consul Christopher Kraft, at St. Martin's, 
 or to Ms factor or assigns, 
 
 15th May, 1745. Anders Oloffson, the master, on oaths 
 gave in a claim for the ship, as being the sole property of 
 Messrs. Casper Wolhfhart and Erick Lidberg, and for the 
 cargo, as being the sole property of David Olberg, all 
 Swedish subjects, residing at Gottenburgh. 
 
 N.B. It appears fully that the ship and lading are the 
 property of Swedes. 
 
 But we insist, the cargo being naval stores on board a 
 Swedish ship, bound to an enemy's port, are contraband ; 
 and that therefore the ship and cargo ought to be con- 
 demned as lawful prize to the captors. 
 
HIGH COUET OF ADMIRALTY. 
 
 Dr. Pinfold, for the clairaers. 
 
 Crew consisted of the master and four men. 
 
 Question, whether cargo is contraband, being pitch and 
 
 65 
 
 tar. 
 
 Dr. Edmunds, same side. 
 
 The want of a proper passport only justifies the bringing 
 her in. 
 
 Dr. Jenner, contra, for the captors. 
 Loccenius and Zouch both of opinion that contraband 
 shall taint all lawful goods of the same owner. 
 Bynkershoek, cap. 12. the same. 
 
 The HewA. 
 
 1745-6. 
 March 3. 
 
 Dr. PinfoMs argument for claim. 
 
 Single question, whether this cargo is contraband or not. 
 
 The iron and the boards are not fit for war, — uti sunt. 
 
 It was special, Bynkershoek says, that the states declared 
 things not per se apt for war, to be contraband. 
 
 In the Med Guds Hielpe the whole cargo was pitch and 
 tar, in this case part only is so. 
 
 Vol. ii. p. 751., Sir Leoline Jenkins' Life. 
 
 Sowton's case. 
 
 By the law of nations, pitch and tar, &c. are not con- 
 traband. 
 
 By the treaty of 1661 these goods are not enumerated; 
 
 Are the growth of that country ; and therefore cannot 
 be presumed to intend to prohibit their own goods. 
 
 By former treaties with Sweden, contraband was left 
 general ; and therefore this treaty, which mentions some, 
 must be understood to comprehend all contraband goods. 
 
 The King's Instructions cannot alter the treaty. 
 
66 
 
 CASES DETERMINED IN THE 
 
 The Hewa. 
 
 » , • 
 
 1745-6. 
 March 3. 
 
 Dr. Edmunds, same side. 
 
 Admit this case, as to pitch and tar, was fully considered 
 in the Med Guds Hielpe ; where there is a treaty subsisting 
 that must be the rule to judge by, and neither nation can 
 alter it by their instructions. 
 
 The condemnation pretended only to be justifiable by 
 the 2nd and 5th articles of the Instructions ; this treaty of 
 1661' is best interpreted by the opinions about that time. 
 
 21st Oct. 1664 2, art. 17. explains treaty of 1661, and 
 says all goods are lawful which are not specified in 11th 
 art. of treaty 1661. 
 
 Pee Curiam : 
 
 A small Swedish ship, both lading and ship Swedish 
 property, no pass according to the treaty of 1661. 
 
 The question is, whether this lading is contraband, and 
 will make a forfeiture of her and her cargo. 
 
 Lading consists of four species — pitch, tar, deal boards, 
 and iron, all laden by Olberg the owner ; the captain has 
 made a charter-party, and has secured himself by a clause 
 therein, that if any forfeiture should arise from contraband 
 being put on board, the freighter shall make it good. 
 
 The treaty of 1664 ^has been made use of to explain 
 that of 1661, but as the treaty of 1664 is not in force, no 
 argument can be drawn from it. 
 
 I can only judge on the treaties subsisting, which are 
 my rule. 
 
 Pitch and tar * absolutely necessary for navigating all 
 ships, and therefore must be deemed contraband. 
 
 ' Vide Dumout, vol. vi. p. 384. 
 
 ' Firfe Treaty of 16th Feb. 1666, 
 article 1. Vide Dumont, vol. vi. p. 
 83. D'Hauterive, vol. vii. p. 264—267. 
 
 " Vide Treaty of 16th Feb. 1666. 
 D'Hauterive, vol. vii. p. 264 — 267. 
 ' Vide anti, note, p. 60, 
 
HIGH COURT OF ADMIRALTY. 67 
 
 The privateers must pursue the King's Instructions, and The Hewa. 
 they expressly declare pitch and tar to be contraband. , „-V ^ 
 
 Goods illicit will taint what is not illicit, but planks and March 3. 
 irons^ are likewise necessary for shipping, and as such are 
 contraband ; and on the whole I am of opinion the ship 
 and goods are liable to confiscation. 
 
 And by Interlocutory the Judge condemned ship and 
 cargo as lawful prize to the captor, 
 
 March 3rd, 1745-6. 
 
 THE JUFFEOW SUSANNA. The Jotfrow 
 
 SCSANNA. 
 
 The Juffrow Susanna. Taken by His Majesty's Sloop 1746. 
 
 the Otter, William Oust, Esq., Commander, and brought June 26. 
 
 to the Downs. ^?''t'^lfj- 
 
 Timber fit tor 
 
 ship-building 
 I am for the captors. '^^'^^^^V. 
 
 This ship is burthen about 100 lasts. "'^'i°'^ P°^' °^ 
 
 ■^ . naval equip- 
 
 Navigated with 10 men, the master included. ment.— Pro- 
 
 No frims P'^^'y °^ '^'^'''" 
 
 J.11U guiiB. gjit owners ex- 
 
 Bound from Dantzick to Brest. empt.-rrelgiit 
 
 refused. — Just 
 Laden with 91 large planks, 208 oaken planks, 380 cause of seizure. 
 
 "F^cTiPTiSCS 01 
 
 fir boards, and 5700 pipe staves, which was all her captors al- 
 lading. 1°^''^- 
 
 The ship appears to belong to Dantzickers and the cargo 
 also. 
 
 She was seized off of Ostend by the Otter sloop, on 
 2nd May, 1746, N. s. 
 
 ' Iron and planks excepted in 324. Endraught, 1 Kob, 23. 
 Danish Treaty. — Einigkeden, 1 Bob. Twende Brodre, 4 Rob. 36. 
 
 p 2 
 
68 CASES DETERMINED IN THE 
 
 The jnFiTKow The captors have examined in preparatorio, 
 
 Susanna. 
 
 June 26. ^- Huyte Aldertz, the Master. 
 
 The ship was hound to Brest from Dantzick, was built 
 at Dantzick. 
 
 Her lading Planks, Deal Boards and Pipe Staves. 
 
 Lading put on board at Dantzick about Easter last by 
 Mr. Ignatius Mathy, who resides at Dantzick, and who is 
 owner thereof, except the fir, which he believes belongs to 
 another citizen of Dantzick. The property of the ship is 
 in deponent and others, all Dantzickers. 
 
 Signed only four bills of lading, all real and true ones. 
 
 On 2nd set of Interrogatories : 
 
 1. That the 91 pieces of timber, 208 oaken planks and 
 the 380 fir boards, mentioned in the bill of lading No. 1, 
 are materials proper for, and may be made use of in, the 
 building of ships. 
 
 2. Respondent being no carpenter, cannot say whether 
 or no the said 91 pieces of timber are made fit for whales, 
 bends, or any other part of a ship. 
 
 5. Believes two of said 91* pieces of timber are 8 
 inches thick, and all the rest of them are less ; several of 
 them are much thicker than 5 inches and a half. 
 
 II. Joachim Jornes, Mate. 
 
 Deposes the same in substance on both sets of interro- 
 gatories. 
 
 III. Martin Fellix, Boatswain, deposes the same. 
 2nd set of Interrogatories : 
 
 1, 2, 3, 4. The 91 pieces of timber, the 208 oaken planks, 
 and 385 fir boards may be made use of as materials in 
 
HIGH COURT OF ADMIRALTY. 69 
 
 the building of ships, but they are in planks as they were The Joteeow 
 sawed out, and no way prepared, cut out, or worked up > 
 to be immediately applied to the use of bends, whales, or 1746. 
 any other sort of ship-building, and Kespondent does not "'^"°® ^®" 
 know that they were Intended for any such use. 
 
 5. Does not know the size or dimensions of any of the 
 said pieces of timber. 
 
 "Wm. Preston and Isaac Wright, shipwrights, have made 
 affidavits that as they are now cut out they are proper for 
 shipbuilding. 
 
 24th May, 1746. 
 
 Huyte Aldertz, the master, gave in a claim on oath for 
 the ship and cargo. 
 
 Claimed the ship as being the sole property of himself 
 and of Elizabeth Holkrichter Widow, James Dirkson, John 
 Van Hock, and James Bestwader ; all inhabitants and sub- 
 jects of Dantzick. 
 
 Claimed the cargo as being the sole property of Ignatius 
 Hyacinth Mathy and others, inhabitants, burghers, and 
 subjects of Dantzick, and for all damages, demurrage, and 
 expenses. • 
 
 Ship's papers : — 
 
 No. 1. A fair bill of lading for the whole cargo, dated 
 at Dantzick, 12th April, 1746. 
 
 No. 2. A passport In proper form, by which it appears 
 on oath, that the claimers are owners of the ship, dated 
 at Dantzick, 6th Dec. 1745. 
 
 No. 3. A certificate of health and of the crew, dated at 
 Dantzick, 6th Dec. 1745. 
 
 V 3 
 
70 CASES DETERMINED IN THE 
 
 Tho Jnirnow No. 4. Certificate that Mathy declared on oath, that 
 
 . °^^''"^- ^ the cargo is his property, and that he is a citizen and in- 
 
 1746. habitant of Dantzick, dated at Dantzick, 18 th Nov. 1745. 
 
 June 26. jjp^ g. A charter-party for this voyage signed by Mathy 
 
 the freighter and Albertz the master, dated Dantzick, 3rd 
 
 Nov. 1745. 
 
 There is no doubt but that the ship and cargo are the 
 property of Dantzickers; the only question is, whether the 
 cargo is not contraband, and therefore confiscable. 
 
 Dr. Simpson, for the claimers. 
 
 Both ship and goods the property of Dantzickers. 
 
 All proper papers on board, charter-party, passports, 
 &c., nothing colourable. 
 
 Appears to be bound from Dantzick to Brest ; no doubt 
 that she is a Dantzicker; admit the only question is, 
 whether this lading is contraband. 
 
 Fortune de la Mer, 4th May, 1745.' 
 
 Taken by the Eagle and Swift. 
 
 Laden with timber to be delivered at Brest, 134 oak 
 timbers. « 
 
 In that case, additional Interrogatories^ to show the 
 timber was adapted for shipping. 
 
 But as it was the product of the country, the Court 
 restored ship and goods. 
 
 Vierge Marie'^, a Dantzick ship, 13th Dec. 1744, taken 
 by the Baltimore sloop. Captain Cleland, laden with 
 masts, spars, &c., restored. 
 
 Appealed to the Lords. 
 
 Insisted they were contraband. 
 
 ^ Vide ante, p. 33. ' Vide ante, p. 38. 
 
 ^ Vide ante, p. 34. 
 
HIGH COURT OF ADMIRALTY. 71 
 
 The Lords did not declare them to be sOj but directed The Jotphow 
 
 the property to be proved, which they could not have , '^^■^^•^- _ 
 
 done if they had thought the lading contraband. 1746. 
 
 June 26. 
 
 Dr. Jenner, same side. 
 
 Ship built at Dantzic, has always belonged to Dant- 
 zickers. There have been but four cases of this sort since 
 this war. 
 
 Vierge Marie^, Postilion of Bourdeaux'^, 1 Nov. 1744. 
 
 Fortune de la Mer^, T' slots Copenhagen.* 
 
 Dr. Paul, for the captors. 
 
 Bynkershoek^, c. 10. 
 
 Said this timber is not fitted for shipping. 
 
 BynhersTioek^, p. 81. Saltpetre in itself not useful in 
 war, but it makes gunpowder, and therefore contraband. 
 
 12 Nov. 1744. Ninety-five pigs of lead condemned in 
 themselves ; those pigs not apta bello per se. 
 
 1693. Vine Grape of Riga, John Asmus, Master, 90 tons; 
 taken by a privateer, bound from Riga to France. 
 
 Laden with clapboards, hogsheads' staves, and tar, con- 
 demned as enemies' goods. 
 
 1694. North Star, 130 lasts. 
 
 Lading — deal clapboards, pipe staves ; taken by man of 
 war. Cargo condemned 26th July, 1694. 
 
 1705. The Charles. 
 
 Lading — planks, pitch, and tar. Ship restored, cargo 
 condemned. 
 
 Commissioners of Prizes reported that planks, canvas, 
 pitch, tar, and masts are contraband. 
 
 • Vide anti, p. 38. ' Vide Bynk. Qusest. Jur. Pub. 
 
 ' Vide ante, p. .38. lib. i. c. 10. p. 75. 
 
 ' Vide ante, p. 33. ' Id. p. 81. 
 
 ' Vide anti, p. 40. 
 
 p 4 
 
72 CASES DETERMINED IN THE 
 
 TheJuiTEow The Posft7zon, of ^owrrfeflMa; ', restored, because laden 
 
 SUSAKHA. , „ ,, 
 
 vi ■_, beiore the war. 
 
 1746. 
 June 26. 
 
 Dr. Simpson, contra, for the claimers. 
 
 This cargo is the produce of Dantzic. Absurd to sup- 
 pose that they would consent to starve themselves, as they 
 must do, if they cannot trade with these sort of goods. 
 
 Instructions are not a public notification. 
 
 Bynkershoek says, these goods have been declared to 
 be contraband by public edicts ; ergo, without, they would 
 not -be so. 
 
 The North Star, the Lords reversed the condemnation, 
 and restored the cargo. 
 
 T'slots Copenhagen, condemned because she had masts 
 on board, and that was sufficient to condemn ships and 
 cargo. 
 
 For any contraband goods are grounds sufficient to con- 
 fiscate every part. 
 
 The Court, in many instances, has obliged the claimers 
 to sell their goods, which shows they are not confiscable 
 because contraband, unless treaties have made them so. 
 
 N.B. Ergo, Nothing contraband by Law of Nations. 
 
 If the Court can believe the Dantzickers acted with an 
 evil intention, there may be reason to condemn. 
 
 Dr. Jenner, same side. 
 
 This cargo not contraband by Law of Nations nor by 
 any declaration of the Crown. Contraband is only what 
 is contra bannum principis. 
 
 These are not mentioned in the instructions. 
 
 All the cases where ships have been condemned this war 
 
 ' Vide ante, p. 38. 
 
HIGH COURT OF ADMIRALTY. 73 
 
 for having contraband, have had some goods expressly The Jdferow: 
 
 mentioned in the instructions. . 
 
 There is no part of this cargo but what is promiseui 1746. 
 
 June 26. 
 usus. 
 
 T^slots Copenhagen, condemned because she had masts. 
 
 According to their doctrine, there would be no bounds 
 
 to contraband. 
 
 Per Curiam : 
 
 Postilion of Bourdeaux ', laden at Riga immediately 
 after the war ; the goods condemned, but the ship restored, 
 because the goods were French ; and the ship restored, 
 because the owners could not know of the war. 
 
 T^ slots Copenhagen ^, condemned, because she was in a 
 course of carrying naval stores to France, in return for 
 French goods, and therefore the naval stores were, in some 
 sort, French. 
 
 Vierge Marie ^, seized at Plymouth, laden at Riga ; de- 
 termined here, upon the Russian treaty, that she should be 
 restored, and it is now depending. 
 
 Tlie Hewa* was a Swedish ship, had pitch and tar on 
 board, which are mentioned in the instructions, and there- 
 fore was condemned. 
 
 Fortune de la Mer ^ : the timber was small, none above 
 three inches thick; cargo consisted of various sorts of 
 timber; some might be fit for shipping, others were not, 
 and therefore was restored ; but the Court was then so 
 doubtful as to pronounce just cause of seizure, and gave 
 costs to the captors. 
 
 In this case, the cargo was put on board by charter- 
 
 ' Vide ante, p. 38. '' Vide ante, p. 62. 
 
 2 Vide ante, p. 40. ' Vide ante, p. 33. 
 
 » Vide ante, p 38. 
 
June 26. 
 
 74 CASES DETERMINED IN THE 
 
 The JoFPEow party, which does not mention to whom it is to be deli- 
 
 StrSAHHA. 1 
 
 ( , vered. 
 
 1746. The planks are large and thick, fitted for shipping ; was 
 
 going to Brest ', where men-of-war only are built and 
 fitted, and timber carried there must be for fitting men- 
 of-war. 
 
 The dimensions of this timber is much larger than in 
 the Fortune de la Mer. 
 
 The two shipwrights who have examined these timbers 
 swear they are fit for men-of-war. 
 
 Mathy having had good fortune in the case of the 
 Fortune de la Mer, has extended his commerce, and now 
 is supplying the enemy with the materials for their men- 
 of-war. 
 
 I think he is aiding our enemies, contrary to the Laws 
 of Nations, which prohibits a neuter from aiding one state 
 against another at war. I, therefore, am of opinion, part 
 of this cargo is fit for men-of-war, and, as such, contra- 
 band, and is liable to confiscation ; and I decree that the 
 ninety-one planks, &c., shall be condemned ; but I 
 restore the pipe staves and the ship, because she does not 
 belong to the same owners^ as the cargo belongs to ; and I 
 am of opinion the ship is entitled to no freight for the 
 goods ; and I pronounce there is just cause of seizure, and 
 I decree expenses to the captors. 
 
 June 26th, 1746. 
 
 Several other men-of-war claimed to be joint captors, 
 and appearances were given for them. 
 
 • As to destination, port of naval ing to other owners not infected, 
 
 equipment, vide Jonge Margaretta, I Staadt Embden, 1 Kob. 31. ; Mer- 
 
 Kob. 195. 192.; Endraught, 1 Eob. curius, 1 Eob. 86.; Bynk. Quaest. J. 
 
 25. ; Magnus, 1 Kob. 31. P. lib. i. c. 12. p. 93. 
 
 ^ Innocent part of cargo belong- 
 
HIGH COURT OF ADMIEALTY. 75 
 
 THE PROVIDENCE, OF BOSTON. Egbert ^ The 
 
 iTEOVIDBNCE. 
 
 SiNCLAiE, Master. * ^ ' 
 
 1746. 
 
 The Providence, of Boston, Robert Sinclair, Master; June 28. 
 taken by the Sheerness man-of-war, Lucius O'Brien, Esq., Assistonce oT 
 Commander, and brousjht into the River Thames. ^^^^^ *° ^'^^'s'^- 
 
 — Jurisdiction. 
 — Claim. — 
 
 I am for the Providence. Ship's papers. 
 
 — Owner s ha- 
 The captors pray the ship and lading to be condemned, bility.— Mas- 
 
 as belonging to enemies, or otherwise subject to confisca- Conde^edT 
 
 tion. 
 
 29th May, 1746. A claim was given in for the ship and 
 cargo, as being the property of Messrs. Edmund and Josiah 
 Quincy, of Boston, in New England, merchants, subjects 
 of Great Britain, who pray restitution of the ship and 
 cargo. 
 
 This claim is made by Arnold Nesbitt, of London, 
 merchant, by orders from Messrs. Thomas and Adrian 
 Hope, of Amsterdam, merchants, agents of Messrs. Ed- 
 mund and Josiah Quincy. 
 
 Preparatories : 
 
 Richard Butcher, Foremast-man. 
 
 This ship Providence is a New England Snow. 
 
 Burden about 150 tons. 
 
 Eight carriage guns, 4-pounders. 
 
 Navigated from Holland to Shields by six mariners, all 
 English, besides the master and mate. 
 
 Her intended voyage was from Amsterdam to Shields, 
 and from thence to Boston, in New England. 
 
76 CASES DETERMINED IN THE 
 
 The At Amsterdam took in twenty-two barrels of gunpowder, 
 
 . some cordage, three chests of small arms, some junk and 
 
 1746. ballast, and proceeded therewith to Shields, there dis- 
 
 ^'^^ ' charged the ballast, and there took in coals, lead, and 
 
 bottles, and proceeded therewith to the Orkney Islands, 
 
 and there Sinclair the master corresponded with Sir James 
 
 Steuart, and other rebels. 
 
 She arrived at the Island of Stromness ', in the Orkneys, 
 on 22nd October, 1745. 
 
 Continued there till she was seized by the Sheemess 
 man-of-war, in or about March, 1745. 
 
 Deponent has been informed the said ship and cargo 
 belong to Messrs. Quincy, merchants, at Boston. 
 
 Believes she was taken for assisting the rebels; one 
 barrel of gunpowder sold to them. 
 
 II. Magness Cromerty, mariner, examined 16 th May, 
 1746. 
 
 In September the ship attempted to sail to Boston, in 
 New England, but meeting with bad weather, was forced 
 to return to the Orkneys, and came to an anchor in Strom- 
 ness Bay, where she continued till she was taken by the 
 Sheerness. 
 
 Deposes as to the rest, the same in substance as the 
 former witness. 
 
 III. Jacob Nicholas, mariner, a Swede. 
 The same. 
 
 IV. William Grimstone, mariner, set. 16. 
 
 Deposes the same ; says he saw the master of the man- 
 of-war take several papers out of the captain's chest. 
 
 ' Quaere, Stronsa. 
 
HIGH COURT OF ADMIKALTY. 11 
 
 V. James Davison, mariner, set. 15. The 
 
 ~, Pkovidence. 
 
 Ihe same. . 
 
 Note. — All the witnesses say they have heard the ship 1746. 
 belongs, and the cargo, to merchants at Boston, and that 
 she, in September, 1745, attempted to sail for Boston, but 
 was forced back to the Orkneys by bad weather ; that the 
 master corresponded with the rebels, and delivered a barrel 
 of powder to Sir James Steuart, one of them; and 
 they say, that a Spanish ship coming into Stromness to 
 bring money for the rebels, Sinclair would have attacked 
 that ship, but was dissuaded by Sir James Steuart. 
 
 It appears clearly that the ship and cargo is English 
 property, and that the correspondence with the rebels was 
 the act only of the master. 
 
 N.B. No ship's papers are brought in. 
 
 7th June, 1746. 
 
 Alexander Eoss, the mate of the ship, whom the captors 
 would not examine on the standing interrogatories, made 
 affidavit, that — 
 
 In July, 1745, he was shipped by Sinclair to proceed in 
 the Providence, as mate, from Amsterdam to Newcastle : 
 from thence was to touch at Madeira, and from thence to 
 Boston, in New England. 
 
 At Amsterdam Messrs. Thomas and Adrian Hope 
 laded on board said ship, upon the account and risk of 
 Messrs. Edmund and Josiah Quincy, merchants at Boston, 
 1000 weight of gunpowder, contained in twenty half barrels 
 (and not twenty-two barrels of gunpowder, as deposed by 
 Richard Butcher in his preparatory examinations), some 
 cordage, three chests of small arms, ontaining 150 muskets, 
 and twenty pair of pistols, two boxes of cutlasses, and 
 
78 CASES DETERMINED IN THE 
 
 The some junk, and the ship proceeded therewith for Shields ; 
 
 Phovidence. , , ., . , „, . ,, , ., , , 
 
 ■ and while she lay at Shields, the said gunpowder and arms 
 
 1746. were entered at the Custom House at Newcastle, and 
 
 cleared outwards for Madeira ; the said gunpowder and 
 
 arms were intended to be delivered at Madeira upon the 
 
 account of the said Messrs. Quincy, and for no other 
 
 account whatsoever. 
 
 Dr. Paul, for the Sheerness. 
 
 Providence taken by the Sheerness about beginning of 
 April. 
 
 3rd August, 1745, at Amsterdam, shipped gunpowder, 
 cordage, and arms. 
 
 Ship claimed by Quincys of Boston, as their property ; 
 proceeded from Amsterdam to Shields, from thence to the 
 Orkneys. 
 
 Lay there, at St. Margaret's Hope, five or six days. 
 
 There Sir James Steuart, a rebel, came on board, and 
 staid five hours with the captain; saluted him with five 
 guns. 
 
 Afterwards he came on board, and sailed in her to the 
 Holmes. 
 
 Correspondence kept by the master with the rebels, 
 several of whom came on board her, and drank success to 
 the Pretender. 
 
 Sinclair came from Steuart's with ten Highlanders, and 
 put them in possession of the ship. 
 
 "We shall insist that aiding the king's enemies is against 
 stat. 25 Ed. 3., and is treason. 
 
 The ship has no papers on board. 
 
 The act of the master will make the ship liable to con- 
 fiscation. 
 
 Dr. Simpson, same side. 
 
HIGH COURT OF ADMIRALTY. 79 
 
 Question, whether their claim can be admitted. The 
 
 Providence. 
 
 It is given in by Nesbitt upon orders from Hope of 
 Amsterdam. 1746. 
 
 No proof of the property of the ship. ™® ^^' 
 
 Navigated from Amsterdam to Shields by six English- 
 men, the master and mate Scotchmen ; at Shields takes in 
 a Swede and three English, which he discharged at the 
 Orkneys, and takes three Scotch lads. 
 
 Question, whether there is suflScient foundation to admit 
 their claim. 
 
 Per Curiam : 
 
 The Court ordered a fuller aflGdavit from the captain of 
 the Sheerness as to the papers found on board the ship, 
 and likewise Messrs. Hope to make affidavit that they have 
 power from Messrs. Quincy to claim ; adjourned the cause 
 to a future day for that purpose. 
 
 The Judge said it was to him doubtful whether the 
 suit should be in this Court or in the Instance Court : it 
 could not be prize unless they had been aiding the French ; 
 for aiding rebels the suit should be in the Instance Court. 
 
 June 13. 1746, assigned it to be heard upon the by- 
 day. 
 
 Note. — Several ship's papers are now brought in by the 
 captors, and with them an affidavit of Captain O'Brien, 
 in which he swears he took the Providence on the 1st of 
 April, 1746. 
 
 Ship's Papers to be read by us. 
 
 Nos. 8 and 9. Agreements with seamen to go to Boston. 
 
 No. 28. read by captors. 
 
80 CASES DETERMINED IN THE 
 
 The No. 30. Letter from Hope to Quincy, dated the 11th of 
 
 . August, 1745, in which the Providence is mentioned as 
 
 1746. Quincy's ship. 
 
 ""^ ■ No. 31. Account current between Messrs. Quincy and 
 
 Hopes. 
 
 33. Protest made by Sinclair at Stromness, 21st Oct. 
 1745, that he was prevented pursuing his voyage to 
 Boston by storms. 
 
 No. 53. Letter from Messrs, Quincy to Sinclair, dated 
 at Boston, April 19. 1745. 
 
 No. 56. Declaration that the Providence is the property 
 of Quincy's, made at Boston, 6th Feb. 1743. 
 
 No. 82. Contract with a mariner to go in the Pro- 
 vidence to Boston, dated 1st July, 1745. 
 
 No. 91. Letter from Quincy to Sinclair, dated Boston, 
 29th April, 1745. 
 
 No. 94. An account of the freight of the Providence 
 for account of Messrs. Quincy of Boston, signed by Messrs. 
 Hope, 6th Sept. 1745. 
 
 No. 96. Account of charges on said ship by Hope, 
 dated 28th Aug. 1745. 
 
 No.99. Letter from Quincy to Sinclair, dated 14th April, 
 1745. 
 
 No. 100. Ditto, dated 10th April, 1745, very material, 
 both as it proves the property of Quincy, and that the 
 ship is under the care of Hope. 
 
 No. 101. Letter from Mr. Car to Messrs. Quincy, 
 dated at Newcastle, Sept. 6. 1745, in which he addresses 
 to them as owners of the Providence. 
 
 No. 102. Invoice of the cargo on board the Providence 
 for the account and risk of Messrs. Quincy, dated New- 
 castle, 6th Sept. 1745. 
 
 No. 103. Letter from Messrs. Hope to Messrs. Quincy, 
 
HIGH COURT OP ADMIRALTY. 81 
 
 dated Sept. 1745, mentions having insured the Providence The 
 
 by their order. Pkotidence. 
 
 No. 105. A receipt from Sinclair to Hope for money 1746. 
 received for the use of the Providence, dated 23d Aug. "^""^ ^^• 
 1745. 
 
 'No. 106. Letter from Hope to Quincy, dated 23d Aug. 
 1745, by which it appears ship and cargo belong to 
 Quincy. 
 
 Dr. Paul, for the captors. 
 
 Taken the beginning of April by the Sheerness. 
 
 A claim by Nesbitt for the Quincys as owners of ship 
 and cargo. 
 
 Master had no occasion to go to the Orkneys. 
 
 No. 28. shows the Quincys have carried on a trade 
 with Spain : any irregular acts of the master will bind his 
 owners. 
 
 Dr. Simpson, same side. 
 
 From the papers there will be the strongest presumption 
 that the ship is Dutch, consigned to the Hopes to be sold. 
 
 Evidence read by the captors. 
 
 The five preparatory examinations. 
 
 Ship's papers, Nos. 28 — 30. 
 
 Nos. 44—47. 101. 
 
 Head for the claimers. 
 
 The affidavit of Nesbitt, and the claim. 
 
 Affidavit of Alexander Koss. 
 
 Ship's papers. — Nos. 8, 9. 31. 33. 53. 56. 82. 91. 93, 
 94, 95. 99, 100. 102—106. 
 
 Affidavit of Mr. Car with the clearance at Newcastle. 
 
 Dr. Paul, for the captors. 
 
 G 
 
82 OASES DETERMINED IN THE 
 
 The We pray this ship and cargo may be condemned as 
 
 1 prize, as being the goods of enemies, or otherwise liable to 
 
 1746. confiscation, 
 
 June 28. Though the ship may be British ; yet if she is upon an 
 
 unlawful trade she is liable to be confiscated. 
 
 The Master and Koss swear the arms were for Madeira ; 
 Mr. Car swears they are to go to Boston. 
 
 Seems to be collusive, for the ship was to go to Boston. 
 
 The master often shifts his mariners. 
 
 Arms and ammunition taken in at Amsterdam. 
 
 Entered at Shields for Madeira. 
 
 But the Master voluntarily went to the Orkneys, 
 
 Received rebels on board him ; declared for the rebels. 
 
 Sold them a barrel of powder. 
 
 Would have given up the ship and cargo to the rebels. 
 
 Staid at the Orkneys six months to assist the rebels, 
 and in the harbour hoisted French colours. 
 
 The ship was in the possession of the rebels. 
 
 From the ship's papers the practices of the Quincys 
 appear, and show they are willing to assist the enemy. 
 
 But admit what they did before will not forfeit the ship 
 and cargo upon this voyage.' 
 
 The act of the master will forfeit the ship.^ 
 
 He can mortgage it, he can claim, he can do all the 
 owners can. 
 
 A ship coming from Portugal with money upon freight, 
 the master run away with it.* Action brought against 
 
 ' There must be actual delictum at acts of master, vide Abbott, part 2. 
 
 moment of seizure. — Imina, 3 Kob. c. 2. 
 
 168.; Lisette, 6 Hob. 390. n. Not ' This appears to be the case of 
 
 liable on return voyage. — Imina, 3 Boucher v. Lawson, Rep. temp. 
 
 Rob. 168.; United States, Stew. 117. Hardwicke, p. 85.; Abbot's Sliip- 
 
 Uuless under false papers. — ^ra- ping (Story's edit.), part 2. c. 2. §6.; 
 
 minta. Stew. 47. ; Success, id. 79. part 3, c. 5. § 2, ; st. 7 Geo. 2. c. 15. 
 
 ' As to owner's responsibility for a.d. 1734. 
 
Juno 28. 
 
 HIGH COURT OP ADMIRALTY. 83 
 
 the owners. A special Act of Parliament made to declare The 
 
 , , T , 1 T 1 1 ■ T Pbovidence. 
 
 owners snould not be liable m such cases. . 
 
 If a master acts contrary to the statutes of navigation, 1746 
 the ship is forfeited without the fault of the owners. 
 
 1725. The Chandois came from Africa. 
 
 Sold arrack to the Governor of Jamaica, without re- 
 porting cargo. 
 
 Ship forfeited. 
 
 N.B. By the Act of Parliament expressly. 
 
 Ship carrying contraband goods forfeits, though laden 
 without knowledge of the owners. 
 
 Smuggling ships forfeited. 
 
 The master's act forfeits as much as the owner's act, for 
 he has all the powers * of the owners. 
 
 There would be no way to prevent frauds, if the owners 
 were not answerable for the master's acts. 
 
 Said these are rebels, not enemies. 
 
 They are worse than enemies, and therefore, a fortiori, 
 shall forfeit. 
 
 Dr. Simpson, same side. 
 
 In so iniquitous a transaction, it is not surprising that 
 the papers and evidence should diflfer. 
 
 Quincy has traded with the enemy, and has supported 
 them thereby. 
 
 Not material who has the property of the ship and cargo. 
 
 We are upon the admission of the claim. 
 
 If they have forfeited, they cannot claim ; for it is not 
 now their property. 
 
 A false entry at the Custom-house is, by the Custom 
 Law, forfeiture. 
 
 ' As to master's power, vide Abbot, part 2. c 2. 
 Q 2 
 
84 CASES DETERMINED IN THE 
 
 The We have taken them out of the hands of the rebels, 
 
 t "°^^°"^°^. ' and therefore, at least, are entitled to salvage. 
 1746. In many instances, the captain's acts will subject the 
 
 J»"e28. o^^ners. 
 
 The captain has a property in the goods, as soon as they 
 are delivered into his custody. 
 
 Morse v. Slue^ held the master might bring action of 
 trover for goods taken from his ship. 
 
 The owner would run no risk in sending goods to rebels, 
 if not answerable for the captain's acts. 
 
 Sinclair is guilty of high treason. 
 
 Would forfeit an estate tail. 
 
 N.B. Only for life of tenant in tail. 
 
 The French had soldiers in Scotland ; ergo, this ship 
 was assisting the French. 
 
 Insist that that alone will subject it to confiscation. 
 
 Smuggling vessels condemned, because carrying money 
 and arms to the enemy. 
 
 This is the same case. 
 
 Dr. Pinfold, for the claimers. 
 
 Voet, De Exercit. Actione, lib. xiv. tit. i. nu. 7. The 
 owners not answerable for faults personal of the master, 
 unless he did them by their approbation, or unless they 
 were gainers by it, or so far only. 
 
 Pee Curiam : 
 
 The first question is, whether the captain of the Sheer- 
 ness did not properly seize this ship. 
 
 It is evident that the master joined with and supported 
 the rebels, who were aided and assisted by the French, 
 who are the King's enemies. 
 
 ' Morse v. Slue, 1 Ventr. 190. See also Abbot on Shipping, part 3. c, 3. § 3. 
 
HIGH COURT OF ADMIRALTY. 85 
 
 Captain Sinclair has acted as a rebel ; has delivered the The 
 
 ship np to the rebels. F^oyi^^^c^ 
 
 The Sheerness did his duty. 1 746. 
 
 There is great reason to think the ship and cargo is the """^ " 
 property of the Quincys. 
 
 But they appear to have been aiding the Spaniards, in 
 carrying on a trade with them through Dutch hands. 
 
 The Hopes are plainly the correspondents of the Quincys. 
 The power to Nesbitt from the Hopes to claim is dated on 
 1st July, 1746, N.s. 
 
 But Nesbitt has given in no new claim since, so that 
 there is the same objection to it now as before. 
 
 I cannot distinguish between rebels and enemies. 
 
 She had contraband goods on board, and she was in the 
 enemies' or rebels' hands, and rebels are worse than 
 enemies. 
 
 Therefore I declare Captain O'Brien of the Sheerness 
 has done his duty, and that the ship and goods «?'e liable to 
 confiscation, and as such condemned the ship and goods as 
 lawful prize to the captors. 
 
 June 28th, 1746. 
 
 THE ST. EB,ICK. Peter Strom, Master. TheST.EMCK. 
 
 t- I 
 
 7 
 
 The St. Erick, Peter Strom, Master; taken by the |lj^g 
 
 Carlisle Privateer, William Owen, Commander. Contraband i 
 
 Destination to 
 
 neutral port 
 
 I am for the captors. Swedish 
 
 24th May, 1746, about 7 in the morning, this ship was pOTttwantof^ 
 
 espied by the Carlisle at sea, under sail, steering north- Justifying 
 
 s: •/ '' cause of seizure. 
 
 west and by west, with the wind at north-east, and just — Captors' 
 
 ' „ o ' costs. 
 
86 CASES DETERMINED IN THE 
 
 TheST.ERicK. before that steering south-west, between Dunkirk and Ostend, 
 ■I'j'To about two Swedish miles ' from the shore, and about three 
 Sept. 6. Swedish miles from Dunkirk, and was brought by the 
 Carlisle Into Dover. 
 Her cargo was — 
 373 barrels of tar, 
 10 iron guns, 
 
 60 barrels of gunpowder, and some tobacco.' 
 Seized on suspicion she was going to the enemy with 
 contraband goods, to be delivered at Dunkirk, because she 
 kept in shore, although she had the fairest wind to carry 
 her through the Channel. 
 
 By the ship's papers, it appears the vessel belongs to 
 Swedish merchants at Stockholm, 
 
 And the bills of lading and other papers declare these 
 goods were laden at Stockholm, and were to be delivered 
 at Leghorn, 
 
 Peter Strom, the master, 
 
 Borge Oloffson, the mate, 
 
 Hans Lanman, the cook, 
 were examined at Dover, on preparatories, who say that 
 five mariners and a boy, besides the master, belonged to 
 the ship, all Swedes. 
 
 40 lasts ^ burden, and built at Finland. 
 
 Sailed from Stockholm, bound to Leghorn, and to no 
 other place. 
 
 Johan Lunmark, Isaac Strom, and others, were owners 
 of the ship, who are all Swedes, and live at Stockholm. 
 
 ' Vide note, ante, p. 62. Heineccius, De Nav. § 14. ; Masse, 
 
 ' As to tobacco being contraband. Droit Com. torn. i. p. 210. 
 
 vide the Adam, Edw. Kep. 305. ; ' Vide note, p. 62. 
 
 Bynk. Quast, Jur. Pub. c. 10. j 
 
HIGH COURT OF ADMIRALTY. 87 
 
 Johan Lunmark was the lader and owner of the goods, The St. Eeick. 
 which were to be delivered to the Dutch Consul at Leg- i?7q 
 horn. Sept. 6. 
 
 That the bills of lading were not colourable. 
 
 The master had a Swedish pass when the ship came 
 from Stockholm, but he left it at Elsineur, in Denmark, 
 at the Custom-house, when he cleared there, and took the 
 Danish pass in the room of it. 
 
 There was a charter-party signed for the voyage, a copy 
 of which (No. 16.) was on board, but the original was left 
 at Stockholm with the said Lunmark. 
 
 Ship^s Papers. 
 
 No. 1. A bill of lading for 373 barrels of tar, 10 
 pieces of iron guns, and 60 centzner of gunpowder ; 
 shipped by Mr. John Lunmark, to be delivered to 
 Messrs. Otto, Frank, and Luthens, or their factors, at 
 Leghorn, dated 9th April, 1746. 
 
 No. 2. Bill of lading for two chests and three mats, 
 laden by Mr. Anders Salystroom, to be delivered to his 
 order or his factor, at Leghorn. 
 
 No. 3. A clearance. 
 
 No. 4. A Swedish let-pass, in which the ship is declared 
 to belong to Swedes, dated 23rd April, 1746. 
 
 No. 5. A bill of freedom as a Swedish ship. 
 
 No. 9. Declaration of property, dated 23rd April, 
 1746. 
 
 No. 11. An invoice. 
 
 No. 12. Instructions from Lunmark to Strom, dated 
 23rd April, 1746, 
 
 No. 16. Copy of charter-party. 
 
 Nos. 15. and 17. Copies of journals. 
 
 Note. — All the papers seem to be fair and consistent, 
 
 G 4 
 
88 CASES DETERMINED IN THE 
 
 The St. Ekick. show the property of the ship and cargo to be Swedish 
 j-^g and that she was bound to Leghorn. 
 
 Sept. 6. 
 
 The ship sailed from Stockholm 26th April, 1746, o.s. 
 
 23rd June, 1746, Captain Strom claimed the ship as the 
 property of Johan Lunmark, Sigfreid Jermain, Nils Modin, 
 and Haystroom; and the cargo as the property of the 
 said Johan Lunmark and Andreas Salystroom, all Swedes. 
 
 Lunmark has made an aflSdavit that part of the cargo 
 was his property, and that the voyage was to Leghorn 
 dated at Stockholm, 19th June, 1746. 
 
 Haystroom has done the same. 
 
 N.B. The objections in order to condemn her are, that 
 she was making to Dunkirk with contraband goods, and 
 that she had not a proper Swedish pass pursuant to treaty. 
 
 Dr. Lee, 
 
 Dr. Simpson, for the captors. 
 
 Dr. Pinfold, for the claimers. 
 
 Sailed from Stockholm 26th April, 1746, O. S. 
 
 The cargo consigned to Otto Frank and others at 
 Leghorn. 
 
 The ship and cargo Swedish, armed with all the proper 
 documents, and the papers fair, and all show she was bound 
 to Leghorn. 
 
 Dr. Jenner, same side. 
 
 Dr. Pinfold, for claimers. 
 
 Admit this pass is not in the words of the treaty, but 
 answers the end of the treaty. 
 
HIGH COURT OF ADMIBALTY. 89 
 
 N.B. How ? that not shown. The St. Erick. 
 
 The cargo Is not contraband unless it was going to an ,„C^ 
 enemy.* The papers all appear fair, and show she was Sept. 6. 
 going to Leghorn. 
 
 Dr. Jenner, same side. 
 
 We have every thing that is requisite to discharge this 
 ship. 
 
 The captain could have no other pass, for this is agree- 
 able to their form. 
 
 Anna Catherina'^, Danish ship, bound from Nantes to 
 Norway. 
 
 Taken by the Eagle, because she had not a Danish pass 
 in the form of the treaty with Denmark. 
 
 The Court of opinion she had a pass agreeable to the 
 spirit of the treaty, which was sufficient ; and the privateer 
 was condemned in costs and damages. 
 
 Peb Curiam: 
 
 This clearly appears to be a Swedish ship and cargo, 
 and by all the papers she appears to be bound to Leghorn, 
 and I see no evidence to presume she was going to Dun- 
 kirk. 
 
 But it is evident this ship had not a proper pass ac 
 cording to the treaty, which is our rule to go by. 
 
 We can take no notice of their private regulations 
 unless they were established by a new treaty between the 
 nations. 
 
 And therefore I think the privateer Is justified In 
 bringing her in for want of a pass according to the treaty ; 
 
 ' Vide Jmim, 3 Bob. 168. ' October 5. 1745. 
 
90 
 
 CASES DETERMINED IN THE 
 
 The St. Emck. and therefore I restore the ship and cargo, and pronounce 
 1746 just cause of seizure. 
 Sept. 6. And gave the captors costs. 
 
 Sept. 6. 1746. 
 
 The Nostra 
 Seignoea de 
 Pentha de 
 
 rBANCA. 
 
 1746. 
 
 Sept. 6. 
 
 Contraband, — 
 Portuguese 
 Treaty. — Pro- 
 visions. — Co- 
 lourable papers. 
 — Pass, want 
 of. — Cargo con- 
 demned. — Ship 
 restored. — 
 Freightrefiised. 
 
 THE NOSTEA SEIGNOEA DE PENTHA DE 
 FEANCA. Francis Almida, Master. 
 
 The Nostra Seignora de Pentha de Franca, Francis 
 Almida, Master; taken by the Mary Galley, Privateer, 
 Samuel Thomme, Commander. 
 
 I am for the captor. 
 
 This ship was taken 10th June, 1746, o. s., in the river 
 of Bourdeaux. 
 
 Is a Portuguese ship; was bound from Dublin to 
 Bourdeaux. 
 
 Burden 45 tons, 9 men. 
 
 Took in her cargo at Dublin, consisting of 300 barrels 
 of beef ,200 boxes of candles, and 9 tierces of salmon, and 
 was laded by Mr. J. Pim, merchant, to be delivered at 
 Bourdeaux, where bills of lading signed by the master at 
 Dublin, were sent before. 
 
 It does not appear for whose account the lading was 
 shipped. 
 
 By the bill of lading on board, it appears the ship was 
 going to Lisbon ; it was therefore colourable. 
 
 No charter-party. 
 
 Had a Portuguese pass. 
 
HIGH COURT OF ADMIEALTY. 
 
 91 
 
 Captain Thomme, pretending himself to be a French 
 privateer, the captain of the Portuguese ship owned he 
 was going to Bourdeaux, and that his bills were colourable, 
 whereupon Thomme seized him. 
 
 The above facts appear from the evidence of said master 
 Almida, and of Captain Thomme, who are the only wit- 
 nesses examined in preparatories. 
 
 Note. — By the clearance at Dublin she is represented to 
 be bound to Lisbon, and by a letter from Pim to one 
 Pereira, the same ; so that the papers are all colourable. 
 
 The NosTEA 
 
 Seignora be 
 
 Fentha de 
 
 Pkanca. 
 
 1746. 
 
 Sept. 6. 
 
 Ship's papers to be read by us; No. 1. No. 2. No. 6, 
 No. 7, No. 8. 
 
 The cargo was to be delivered at Bourdeaux to Mr. 
 Isaac L/a Marc Chauvin, but the master says he does not 
 know to whom it belongs. 
 
 And he and Matthew Canian, the mate, an Irishman, 
 certified the same under their hands at Guernsey, which 
 certificates are proved by the afl5davits of two witnesses. 
 
 4th August, 1746. 
 
 The master, Almida, gave in a claim on oath for said 
 ship, as being the sole property of Nicholas Pisella, a 
 subject of the King of Portugal, residing at Lisbon. 
 
 And claimed the cargo as being in a free ship. 
 
 And also claimed costs, damages, demurrage, and ex- 
 penses. 
 
 The question is, whether, under these circumstances, the 
 ship can privilege a cargo of provisions carried from Ireland 
 to the enemy under false bills of lading and clearances. 
 
 Dr. Paul, for the claimers. 
 
 This is a Portuguese ship ; lias a passport. 
 
92 CASES DETERMINED IN THE 
 
 The Nostra Being a free ship, makes the goods free. 
 Pbniha db ^^s laded in Ireland, does not appear that any part of 
 
 .Fbakca. ij. ^g^g Jj'j-ench property. 
 1746. Shall put the whole case on the treaty of 1654. 
 
 Sept. 6. 
 
 Dr. Simpson, same side. 
 
 Not a tittle of evidence to show it is French property. 
 A letter from Pirn to Pereira shows the cargo was laded 
 for Pereira. 
 
 Dr. Jenner, contra, for the captors. 
 Treaty, 1641, with Portugal, art. i. 11.' 
 Treaty, 1654, art. 10.^ 
 
 Dr. Paul, for claimers. 
 
 Produce of Ireland is provisions. 
 
 Selling them is for their necessary subsistence. If 
 Pim knew they were designed for Bourdeaux, he was only 
 assisting Ireland. 
 
 Practice and usage confirms a treaty, as was agreed at 
 the council. 
 
 No question but that the ship is Portuguese. 
 
 Said there is no way of punishing the captain but by 
 confiscating the ship. 
 
 That is, punishing the owner, not the captain. 
 
 Young Johannes ^ was not condemned for having colour- 
 able bills. 
 
 False bills are often only to prevent being brought in. 
 
 Dr. Simpson, same side. 
 
 ' D'Hauterive, vol. vii. p. 86. ' Sept. 4. 1746. 
 
 ' Id. p. 97.; Duraont, Tol. vi. 
 
HIGH COURT OF ADMIRALTY. 
 
 93 
 
 No man can be stript of his property upon pre- 
 sumption. 
 
 If this is to be presumed to be Irish property. 
 
 It must be presumed, Pirn is guilty of treason : he must 
 be presumed to be acting right till the contrary is proved. 
 
 The treaty does not require a pass. 
 
 Colourable bills not used here to deceive, but only the 
 more effectually to secure their privilege. 
 
 Colouring does not forfeit unless offered in evidence. 
 
 The NosTBA 
 
 Seignoka de 
 
 Pentha de 
 
 Fkanca. 
 
 ' , ■ 
 
 1746. 
 Sept. 6. 
 
 Per Curiam: 
 
 So far as it appears to me, this is a Portuguese ship. 
 
 She has a pass, but of an old date. 
 
 Took in provisions at Dublin for Bourdeaux under false 
 bills and clearances for Lisbon. 
 
 It does not plainly appear whose property the cargo 
 was. 
 
 Probably it was French. 
 
 But, if the cargo was Portuguese, he knew of the 
 colouring. 
 
 I do not think this is a case within the treaty of 1654, 
 which has been admitted to be a subsisting treaty. 
 
 23rd art. of that treaty must mean only a freedom for 
 enemy's goods, going to or from a Portuguese port, 
 
 But that is not the present case. 
 
 By the general law neuter nations shall not assist the 
 enemy with contraband goods. 
 
 Provisions^ are and always have been esteemed con- 
 traband, and the Government here has as much as possible 
 
 ' Provisions subject to confisca- 
 tion in 1673. — Jrnige Margaretta, 
 1 Rob. 192, 193. Not contraband 
 generally, Jbnje Margaretta, 1 Rob. 
 190.; Frau Margaretta, 6 Rob. 92.; 
 Richmond, 5 Rob. 327. Subject to 
 
 pre-emption, Haabet, 2 Rob. 182. 
 Contraband going to port of naval 
 equipment. — Jonge Margaretta, 1 
 Rob. 188.; ZeUer Must, 6 Rob. 93.; 
 Frau Margaretta, 6Rob. 92.; Ranger^ 
 6 Rob. las. 
 
94 
 
 CASES DETERMINED IN THE 
 
 The Nostra 
 
 Seignoka de 
 
 Pentha de 
 
 Peanca. 
 
 1746. 
 Sept. 6. 
 
 guarded against sending provisions from Ireland to the 
 enemy. 
 
 These provisions were meant for the use of the enemy, 
 and are therefore liable to confiscation. 
 
 As to the ship, she appears to be Portuguese. 
 
 The treaties have not declared how long passes shall be 
 in force. 
 
 The most favourable determination is to restore the 
 ship ; and therefore I condemn the cargo, but decree the 
 ship to be restored without costs and without freight. 
 
 Sept. 6th, 1746. 
 
 De 
 
 Peovldentia. 
 
 < — , • 
 
 1747, 
 
 March 18. 
 
 Contraband 
 naval stores. — 
 Russian Treaty, 
 1734.— Just 
 cause of seizure. 
 — Captors' ex- 
 penses. — Sale 
 in England. — 
 On appeal, re- 
 versed as to 
 costs and sale. 
 
 DE PROVIDENTIA. Jan Botsen, Master. 
 
 De Providentia, Jan Boysen, Master; taken by the 
 Prince of Orange, John Stevenson, Commander. 
 
 I am for the captor. 
 
 5th Jan. 1 747, N. s., this ship was taken and brought 
 to Dover. 
 
 This ship was built at Lubeck, and the master, who is 
 a Lubecker, took possession of her there. 
 
 14 mariners, all Swedes, Danes and Lubeckers; burthen 
 1 86 lasts. 
 
 The voyage was from Riga to Brest, Port Louis, Nantes, 
 Rochford and Bourdeaux', at whichever of those places 
 he could get the best market, and then to take in salt at 
 St. Ubes or St. Martins and return to Riga. 
 
 As to discretionary destination, vide ante, p. 50. 
 
March 18. 
 
 HIGH COURT OF ADMIRALTY. 95 
 
 The owners of the ship (as the master swears) are all Db 
 
 Russians and live at Riga, and that he had her built for . 
 them. 1747. 
 
 But there was not a bill of sale made of her. 
 
 The lading consisted of — 
 
 132 masts and spars, 
 
 26 eldern pump woods, 
 
 1240 small spars, 
 
 209 schock of hogsheads staves ', 
 
 8 schock of pipe staves, 
 
 6 schock of clapboard ^, 
 
 And 343 ship-pound and 10 lis-pound of pass* hemp. 
 
 And the owners of the ship are the laders and owners of 
 the cargo, who sent them to be sold to the highest bidder 
 at the best market. 
 
 1 bill of lading on board, not colourable. 
 
 The ship taken between Dover and Calais. 
 
 No charter-party. 
 
 No. 6. is a paper on board of instructions from one of 
 the owners to the captain at what prices he shall sell the 
 cargo ; and at the end has this clause : — 
 
 " If it should happen that the captain should be mo- 
 " lested at sea by one or other English men-of-war or pri- 
 " vateers, he must forthwith apply to the Minister of her 
 " Majesty the Empress of all Russia, at London, make his 
 " complaints of the wrong which is done him, and demand 
 " his protection ; since, pursuant to the Treaty of Commerce 
 
 • Staves (Germ, stdbe), wood pre- They are sold by schock, ring, and 
 
 pared for casks, &c., and divided, long thousand, 
 according to its appropriation, in- 1 schock contains 60 staves. 
 
 to — 1 ring „ 4 schocks. 
 
 (Ochshoofd) hogshead, ] 1 long thousand 1200 staves. 
 
 (Pipen) pipe, or I staves. ' Germ&n, khppbord, set-bord ; 
 
 < Tanner) tarrel, J Engl, wash-board. 
 
 ' Vide Evert, 4 Eob. 354. 
 
March 18. 
 
 96 CASES DETERMINED IN THE 
 
 De " concluded on the 2nd of Dec, 1734, between her Imperial 
 
 . " Majesty of Russia and the King of England, the ship 
 
 1747. " is not laden with any contraband goods, and therefore is 
 " at liberty to sail for the ports of France." 
 
 ISth Jan. 1747. 
 
 The master claimed the ship and cargo as being wholly 
 Russian property, and as being seized in violation of the 
 treaties. 
 
 N. B. The ship and cargo fully appear to be Russian 
 property, and the only question is, whether the goods are 
 not contraband within the treaties between England and 
 Russia, and as such confiscable. 
 
 Dr. Paul, for the claimers. 
 
 Has a proper sea-pass and a certificate of the property. 
 
 Ship was laden at Riga, and is clearly a Russian ship. 
 
 Rely on 1 Itli ' article of the treaty with Russia of 2nd 
 Dec. 1734. 
 
 Vierge Marie^ 14th Dec. 1744 : the ship and cargo re- 
 stored upon this treaty. 
 
 Appealed : Lords of opinion, that if the cargo was Rus- 
 sian, it must be restored, but that was doubtful: the Lords 
 ordered proof to be made, it really was French property, 
 and so the cargo was given up. 
 
 Dr. Jenner, same side. 
 
 Dr. Simpson, for the captors. 
 
 Vierge Marie, a Dantzick ship, and therefore the Lords 
 could not, in that case, determine upon the Russian trade. 
 
 Dr. Paul, for the claimant, 
 
 ' Vide D'Hauterive, vol. vii. p. 189. ' Vide ante, p. 38. 
 
HIGH COURT OF ADMIRALTY. 
 
 Insist first that it is a Russian ship. 
 
 2. That it is a Russian cargo, and protected by the 
 treaty on board a Russian ship, 
 
 "Where several things are enumerated as contraband 
 every thing else is not so. 
 
 9. Art. of Instructions : Privateers shall not do any- 
 thing contrary to any treaties. 
 
 Insist this case was determined in the cause of the 
 Vierge Marie} 
 
 Dr. Jenner,' same side. 
 
 Insist, first, on the property of the ship and cargo as 
 Russian. 
 
 Per Cukiam: 
 
 It appears this ship was built at Lubeck. 
 
 The pass is like the Dutch passes. 
 
 I think this ship and cargo does appear to be Russian. 
 
 But the ship is not navigated by one Russian. 
 
 The cargo was not destined to any particular port in 
 France. 
 
 Carried for the sake of trade, not with the view to aid 
 the enemy, and is of the growth and produce of Russia. 
 
 I must consider whether this case comes under the treaty 
 of 1734. 
 
 Naval stores are not mentioned in that treaty as con- 
 traband, nor, on the other hand, are they declared not to 
 be contraband ; but by the 5th gj-t. of the King's In- 
 structions, naval stores are declared to be contraband, and 
 are to be confiscated ; and in those instructions the Treaty 
 of Russia is not mentioned. 
 
 9th article of Instructions is not clear and explicit. 
 
 ' Vide p. 38. 
 H 
 
 97 
 
 Db 
 Pbovidbntia, 
 
 1747. 
 Marsh 18. 
 
98 
 
 CASES DETERMINED IN THE 
 
 Pkovidentia. 
 
 > , ' 
 
 1747. 
 Mfirch 18. 
 
 Privateers have not the treaties given them, and there- 
 fore they are excusable if they mistake. 
 
 And I think they may well be justified in bringing in 
 Russian ships with naval stores. 
 
 I am of opinion there is sufficient foundation, by the 
 treaty of 1734, art. 11.', to restore this ship and cargo; for 
 by that 1 1th article they seem to have a right of carrying 
 naval stores to the enemy. 
 
 But the Privateer did right in bringing in the ship, and 
 as it is here, the cargo ought not to be allowed to be car- 
 ried to France. 
 
 The Court decreed the ship, and cargo to be restored to 
 the claimers, but security to be given to sell the cargo in 
 England. 
 
 And pronounced just cause of seizure and expenses to 
 be due to the captors. 
 
 March 18th, 1747. 
 
 14th December, 1749. 
 
 This cause was heard on appeal by the Lords : they 
 affirmed the decree of the Judge of the Admiralty, as to 
 pronouncing just cause of seizure, but reversed it as to the 
 costs given to the privateer, and pronounced that both 
 sides should bear their own expenses ; and also reversed 
 that part of the decree which ordered the claimants to give 
 security to sell the cargo in England by a certain time. 
 
 Lords present : Duke of Dorset, Lord Bathurst, Mr. 
 Finch, Mr. Legge, Mr. Justice Birch. 
 
 ' Dumont, torn. ii. suppl. ; D'Hauterive, torn. vii. p. 183. 
 
HIGH COURT OF ADMHIALTY. 99 
 
 YOUNG ANDREAS.' Hendriok Baekholm, Master. Joung 
 
 Andreas. 
 
 Young Andreas, Hendriok Barkholm, Master; taken by 1747, 
 the Mary Galley, Peter Oliver Master, and brought to March 22. 
 Guernsey. .^-^Sl 
 
 claimed goods. 
 
 I am for the captor. —Condemned. 
 
 '^ _ _ — Coals contra- 
 
 This is a Prussian ship, taken 24th of August, band?— 
 
 1747, O. S. Freightrefased. 
 
 7 men, 100 tons ; 
 
 Bound from Dublin to Eochfort, laden with butter, 
 tallow, and coals. 
 
 He had been trading from Ireland to several ports In 
 France for several voyages. 
 
 22 tons and half of butter, 3 tons of tallow, and 70 
 tons of coals. 
 
 Espanhiac, Calvit, and others, Prussians, are the owners 
 of the coals, and the master Is the owner of two tuns of 
 butter ; does not know who is the owner of the rest of the 
 butter. 
 
 Cleared for Lisbon, and had a bill of lading for that 
 place. 
 
 19th October, 1747. 
 
 Claim was given for the ship and the 70 tons of coals as 
 Prussian property, and for 2 tons of butter as being the 
 master's. 
 
 3rd November : the rest of the cargo was condemned. 
 The question Is now on the goods claimed. 
 N.B. The clalmers have made afiSdavIt as to their pro- 
 perty. 
 
 ' This case cited, Jonge Margaretta, 1 Eob. 193, 
 H 2 
 
100 
 
 CASES DETERMINED IN THE 
 
 Young 
 
 Andkeas. 
 
 V , 
 
 1747. 
 
 March 22. 
 
 Dr. Paul for the claimers. 
 The captain has acted with great fairness. 
 2 tons of butter is so small a quantity that it cannot be 
 contraband. 
 
 Pee Curiam : 
 
 Coals are not insisted on as contraband; and therefore I 
 shall not declare my opinion on them further than that 
 they are of great use to the enemy. 
 
 Butter is contraband ; the 2 tons must be considered as 
 part of the 22 tons. 
 
 And therefore I restore the ship and 70 tons of coals 
 claimed, and condemned the 2 tons of butter. 
 
 Freight for the goods condemned was asked but refused 
 by the Court. 
 
 March 22nd, 1747. 
 
 Db Jumfro 
 Sarah, op 
 Dkonton. 
 
 '^ < ' 
 
 1747. 
 March 24. 
 Contrahand. — 
 Wheat, butter. 
 — Destination, 
 Lisbon, but 
 presumptive 
 evidence of its 
 being to a 
 French port. — 
 Cargo con- 
 demned. — Ship 
 restoi-ed.— No 
 treight. 
 
 DE JUMFRO SARAH, OF DRONTON. 
 Johannes Lydeeson, Master. 
 
 De Jumfro Sarah of Dronton, Johannes Lyderson, 
 Master ; taken by the George Privateer, Charles Gordon, 
 Commander. 
 
 I am for the captor. 
 
 The master's deposition. 
 
 Taken the 25th Oct. 1747, o. s. and carried to Guernsey, 
 navigated by nine men, and had a passenger on board who 
 
HIGH COURT OF ADMIRALTY. ^ < .-^ ^. v 
 
 was an Irishman; seven of the nine are Danes, the BeTumfeo 
 other two Irish. 
 
 Burthen, 140 tons. 
 
 James Brown, an Irishman by birth, but who lives at 
 Dronton ', in Norway, is owner of the ship. 
 
 The voyage in which she was taken she sailed from 
 Dublin, bound for Lisbon. 
 
 Lading, 145 tons of wheat and 26 barrels of butter. 
 
 Sakah, op 
 Dkonton. 
 
 1747. 
 
 March 24. 
 
 The master says Wm. Delap was the lader of the 
 wheat, who lives at Dublin, but he does not know who is 
 the owner. 
 
 The. said lading was to be delivered at Lisbon, to Don 
 Antonio Pereira Viana, merchant there, but doth not know 
 for whose account. 
 
 And he, the master is owner of the 26 barrels of butter; 
 signed two bills of lading which are not colourable ; one 
 on board, the other left with Delap. 
 
 The master says the ship was seized on Sunday, 25th 
 October, 1747, about 7 or 8 at night, in Lat. 46 degrees 
 about 25 Dutch miles ^ from the Isle of Rhe, 
 
 Says he never kept a journal on board. 
 
 There was not a charter-party, but there was a bill of 
 sale for the ship on board. 
 
 The mate, who is an Irishman, agrees with the master. 
 
 Says they were bound for Lisbon, as the master told 
 him, and were taken in the Bay of Biscay, but does not 
 know what distance from the land, not having kept any 
 journal. 
 
 Drontheim, or Trondheim. 
 
 ' A Dutch mile is about five En- 
 glish furlongs. 
 
 H 3 
 
102 
 
 CASES DETERMINED IN THE 
 
 De Jumpeo 
 Saeah, of 
 Dkonion. 
 
 V ) 
 
 1747. 
 
 Marcli 24. 
 
 Nicholas Broman, a mariner on board the ship, who 
 says he is a Swede. 
 
 5. Int. : Says that he takes Lyderson to be master 
 of the ship, and knows him to be so because deponent 
 shipped himself to him; but before and after they sailed 
 from Dublin, one Mr. Dolf, of Dublin, belonging to the 
 said vessel, commanded in her, and ordered what course to 
 steer, the same as Lyderson did, and does not know 
 which of them is actually the master. 
 
 Says there were ten men on board : 3 Danes, 3 Dutch, 
 3 Irish, and 1 Swede. 
 
 The 3 Dutch, 3 Irish, and the Swede, came on board at 
 Dublin. 
 
 Says the ship is London-built, but the master does not 
 know what build she is of. 
 
 Deponent was shipped for Lisbon, but when they came 
 to sea, instead of steering the right course for Lisbon, they 
 steered for the coast of France. 
 
 Says the ship was seized in the Bay of Biscay, near the 
 River of Bourdeaux, in expectation of making the French 
 land the next morning. 
 
 Sandberg, the boatswain, the fourth witness. 
 
 Says they were going to Lisbon, as he heard his captain 
 say, and that before they espied the privateer, she was 
 going before the wind, the wind being then about N.N.W. 
 or N.W. ; but on seeing the privateer, they altered their 
 course, and hauled upon a wind. 
 
 Ship was seized in the Bay of Biscay, but does not know 
 what distance from the land. 
 
 It appears from the papers that the ship sailed in August, 
 1746, from Dronton to Bourdeaux with timber. 
 
 No. 10. Is a bill of sale, by which it appears that this. 
 
HIGH COURT OP ADMIRALTY. 
 
 103 
 
 which was London-built, was called the Elizabeth of 
 Bourdeaux, and was sold by Jacques and August Boyd of 
 Bourdeax on the 15th April, 1746, when she was on a voy- 
 age to Barton of Bourdeaux, for 3000 livres, and Barton 
 sold it to Brown on the same day for the same price, and 
 to this sale is annexed an act of acceptance signed by 
 Brown, dated 5th July, 1746, at Dronton. 
 
 The sale and acceptance are registered in the Admiralty 
 of Gulenne, 23d August, 1746. 
 
 No. 16. is a clearance at Dublin, dated 24th Sept. 1747, 
 by which it appears that Delap entered the butter as well 
 as the rest of the cargo, though the master swears it is 
 his. 
 
 No. 17. is a bill of lading for 145 tons and a half of 
 wheat laden by William Delap, for the account and risk 
 of Don Antonio Pereira Viana, merchant at Lisbon, to be 
 delivered at Lisbon to him or his assigns, dated Dublin, 
 1st Oct. 1747. 
 
 Db Jumfro 
 Saeah, or 
 Deonton. 
 
 ^ t 
 
 1747. 
 March 24. 
 
 15th Dec. 1747. Lyderson, the master, gave in a claim 
 on oath for the ship, as being the sole property of James 
 Brown of Dronton, a Danish subject, and for 27 casks of 
 butter, being the property of the said master, also a Danish 
 subject, and for freight, primage, average, demurrage, and 
 expenses. 
 
 3d Feb. 1747. Arnold Nesbitt of London, merchant, 
 gave in a claim on his oath, on behalf of William Delap of 
 Dublin, merchant, for all the goods, wares, and mer- 
 chandizes laden on board the ship Jumfro Sarah, of Dron- 
 ton, as being the sole property of the said Delap. 
 
 Dr. Simpson, for the claimers. 
 
 H 4 
 
104 
 
 CASES DETERMINED IN THE 
 
 Db JxrarPHo 
 
 Sakah, op 
 Dkonton. 
 
 V I 
 
 1747. 
 March 24. 
 
 Presumption of law is, that an Englishman will not act 
 contrary to law. 
 
 The captain swears they were bound to. Lisbon, and 
 the mariners that they were hired for Lisbon. 
 
 The clearance is no evidence that the butter is Delap's 
 property. 
 
 Dr. Hay, same side. 
 
 Broman is not to be credited against all the rest of the 
 mariners, especially when he has sworn that Duff was the 
 master, which appears to be false. 
 
 Per Curiam : 
 
 Delap put the whole cargo on board at Dublin, and 
 therefore Nesbitt might well claim it as his entire pro- 
 perty. 
 
 It does not appear that Delap had any correspondence 
 with Viana of Lisbon. 
 
 Could not clear for France, and therefore must clear 
 for a neutral port. 
 
 The course of the evidence tends to show she was bound 
 to Bourdeaux. I think the presumption that she was 
 going thither is very strong. 
 
 . And therefore I do condemn the cargo as contraband ', 
 and restore the ship without freight. 
 
 March 24. 1747. 
 
 ' Wheat farouraWy considered. — 
 Jonge Margaretta, I Rob. 195. 
 Butter contraband. — Vide anti, 
 Young Andreas, p. 99. ITalse papers 
 or destination work condemnation 
 
 of ship as well as contraband cargo. 
 — Franklin, 3 Rob. 224. ; Neu- 
 tralitet, 3 Bob. 296.; Hanger, 6 
 Eob. 127. 
 
HIGH COURT OP ADMIRALTY. 105 
 
 DE TWEELLINGE. Feantz Kuht, Master. De 
 
 TWEELLINSE. 
 
 De Tweellinge, Frantz Kuht, Master; taken by the 1747-8. 
 
 Prince Frederick, man-of-war. Captain Harry Norrls, March 22. 
 ri -3 Contraband. — 
 
 Commander. Shiptimberand 
 
 materials. — 
 
 In .1 1 . , Monition to 
 am tor the claimant. proceed. 
 
 This is a Prussian ship, had a pass and all proper docu- noJ'^on^aA'^L. 
 
 ments relating to the ship and cargo. Instructions.— 
 
 TTir ,1 I » .. t. 1. Destination, 
 
 Was taken on 1st August, 1747, o. s. Brest.— Ship 
 
 She was laden with a cargo of divers sorts of oak cargcTcon^ 
 planks of several dimensions fit for shipping or building, demned. 
 pipe staves and hogsheads' staves ', and some fir and other 
 timber, which which were laden at Stettin by Mr. GrefFe, 
 a Prussian subject, for his account and risk, and being his 
 sole property, but to be delivered at Brest. 
 
 The ship is the property of Mr. John Jacob Vanselon, 
 of Stettin. 
 
 Was chartered to Mr. Grefie, of Stettin, merchant. 
 
 In June, 1 747, took in a cargo at Stettin, consisting of 
 419 planks, 420 small fir deals, 248 spars, 3120 pipe 
 staves, and 1560 barrel staves, shipped by said Greffe for 
 his sole account and risk. 
 
 After this cargo was delivered at Brest, the ship was to 
 have proceeded to Eochelle to lade -salt on account of the 
 owner, and then to have returned to the Baltic therewith. 
 
 She was taken under Prussian colours six or seven 
 leagues to the eastward of Ushant, and brought to Ply- 
 mouth. 
 
 On the 7 th September, a monition was taken out by 
 
 ' Vide ante, p; 95. n. 
 
106 
 
 De 
 
 tweellinge. 
 
 \ ^ , 
 
 1747-8. 
 
 March 22. 
 
 CASES DETERMINED IN THE 
 
 the claimant against Captain Norris to proceed to con- 
 demnation. 
 
 Returned 8th October, after which Captain Norris took 
 out a monition, returnable on the 3rd November. 
 
 17th November. Examinations and three ships' papers 
 brought in not on oath. 
 
 20th. The claimant's proctor brought in an affidavit of 
 Luder Mello and five ship's papers, which Captain Norris 
 had returned to the captain of the Tweellinge. 
 
 No affidavit from the captor as to the ship's papers. 
 
 The ship was proceeding on freight which he was to 
 have received at Brest, but it does not appear from whom 
 by name, and was not consigned to any particular person 
 at Brest, but was to have met orders there. 
 
 7th December, 1747. 
 
 Mr. Mello, as agent for Frantz Kuht, the master, 
 claimed on oath the ship as being the sole property of John 
 Jacob Vanselow, a Prussian subject. 
 
 And claimed the cargo as the sole property of James 
 Greffe, a Prussian, residing at Stettin, and also claimed 
 demurrage, &c. 
 
 This ship was taken in sight of four English men-of-' 
 war. 
 
 No resistance. 
 
 Nine mariners all Prussians. 
 
 To 6th interrogatory, the master says he is owner of ^th 
 of the ship. 
 
 Burthen, 210 tons. 
 
 To 9th interrogatory, swears Greffe said he was the owner 
 
HIGH COURT OP ADMIRALTY. 107 
 
 of the cargo, but on whose account it was to have been de- Db 
 
 livered at Brest he cannot set forth ; but refuses to declare ■ 
 
 his belief concerning the same, and refers to his papers 1747-8. 
 , „ Maich22. 
 
 to prove the property thereof. 
 
 Deponent signed three bills of lading, all of the same 
 tenor with that on board ; believes GrefFe sent one of them 
 to Brest dated 11th July, 1747. 
 
 No. 2. The pass dated Stettin, July 14. 1747, for the 
 goods. 
 
 No. 4. Pass for the ship, dated 27th June, 1747. 
 
 No. 6. Charter-party, dated at Stettin, 15th June, 1 747. 
 
 No. 7. KoU of equipage. 
 
 No. 8. Biel brief, dated 25th June, 1747. 
 
 The question is, whether this cargo be contraband or 
 not. 
 
 Dr. Paul, for the captors. 
 
 Claim for Vanselow as owner of the ship, and Greffe of 
 the cargo. 
 
 26th May, 1747. Fredericus 2dus\ 
 
 Endraght'^, Prussian ships. 
 
 Cargoes condemned as contraband. 
 
 The question is, whether this cargo is contraband or 
 not. 
 
 Instructions are that all materials for shipping are con- 
 traband. 
 
 419 oaken planks for shipping are clearly contraband. 
 
 The Elizabeth, 1400 deals : condemned as contraband. 
 
 Supposing the cargo was Greffe's, he might have sold it 
 before the capture. 
 
 Br. Salisbury, same side. 
 
 > Vide post, p. 109. ' Vide p. 123. 
 
De 
 
 TwEELLINGE. 
 
 ' , ' 
 
 1747-8. 
 
 March 22. 
 
 CASES DETERMINED IK THE 
 Only upon freight to be paid in France. 
 
 Dr. Jenner, for the claimer. 
 
 Fortune de la Mer ', laden with timber. Restored. 
 
 Per Curiam : 
 
 This clearly a Prussian ship and cargo. 
 
 The dimensions of the spars does not appear. 
 
 This cargo is of the growth^ of Prussia, but by the laws 
 of nations a neuter is not to aid either of the belligerent 
 parties. 
 
 Sovereigns have a right to declare what shall be deemed 
 contraband^, and have always done so. 
 
 We have no marine treaty with Prussia. 
 
 It must be presumed the instructions to privateers have 
 been notified to foreign courts. 
 
 In the 5th instruction all equipage for shipping is de- 
 clared to be contraband. 
 
 Pipe staves singly would not be contraband, but in com- 
 pany with other things that are, they are liable to be con- 
 demned. 
 
 This cargo was to be delivered at Brest, where the men- 
 of-war are built. 
 
 This cargo, though originally GreflPe's, might be sold 
 afterwards to the French. 
 
 As this is a cargo fit for shipping, I am of opinion it is 
 contraband ; and therefore decree the ship to be restored, 
 and condemn the cargo. 
 
 March 22nd, 1747-8. 
 
 ' Vide ante, p. 33. 
 ^ As to growth or produce of 
 neutral countries, vide ante, p. 49. 
 
 Notification, vide ante, p. 49. 
 
HIGH COURT OP ADMIRALTY. 103 
 
 FREDERICUS SECUNDUS, KONING VAN Fhedemcus 
 
 Secdndus, 
 
 PEUSSIEN. Christian Schultz, Master, Koninq van 
 
 Prhssien. 
 
 Fredericus Secundus, Koning Van Prussien, Christian 1 747. 
 
 Schultz, Master; taken by the Eagle, Baxley, Com- ^^y 26. 
 
 J ■^ ^ ' •" Contraband.— 
 
 mander. Hemp.— Co- 
 
 lourable papers. 
 — Property of 
 I am for the captors. same owners.— 
 
 . „ Affidavit of 
 
 Taken at 10 in the forenoon, on 16th November, 1746, owners ordered, 
 
 N. 8., at sea, in mid channel, between Dover and Calais. !1^0wnerf ' lia™' 
 
 Brought to Dover : no resistance. bihty.— Ca,rgo 
 
 ° _ condemned 
 
 Manned with 5 men and 2 boys ; all Prussians except Ship restored, 
 
 ci J — Freight re- 
 
 one owede. fused. 
 
 36 lasts burthen. 
 
 Was bound from Hofsand in Norway, to Bourdeaux; 
 and before that, from Koningsberg; voyage began at 
 Koningsberg, and was to end at Bourdeaux. 
 
 Lading — hemp, pipe staves, and fir deals for dullage, 
 and no other goods. 
 
 Had different bills of lading ; some for delivery thereof at 
 Bourdeaux, others at Lisbon. 
 
 Philip Maas, and Frederick Bischoif are owners of the 
 ship ; both Prussians. 
 
 Lading, 103,193 pounds of hemp, 120 pipe staves, and 
 21 fir deals for dullage. 
 
 Messrs. HiUman and Horn, Prussians, were the laders 
 thereof. 
 
 Goods were to be delivered at Bourdeaux, for the 
 account of the said owners, to Baval and Company. 
 
 Six bills of lading, signed ; five colourable, and of same 
 tenor with that on board, No. 2. 
 
110 CASES DETERMINED IN THE 
 
 rEBDEBictJs Left the Prussian pass at Elsineur, to obtain the Danish 
 
 Secdndus, 
 
 KONING VAN P^^^* 
 
 Prtjssien. There is a charter-party. 
 
 j;^^/^ The above facts are proved by Christian Schultz, the 
 
 March 26. master. 
 
 II. Syord "Wessels Swaart, Mate. 
 
 8 th Interrogatory. Says the ship was bound to Lisbon, 
 for he was hired for a voyage to Lisbon and no other 
 place, and there the voyage was to end. 
 
 9. Does not know who were owners of the ship. 
 
 III. Jacob Pelican, cook. 
 
 9. Philip Maas, and Frederick Bischoff, both Prussians, 
 are owners of the ship. 
 
 Ship's Papers, 
 
 No. 1. A bill brief, dated at Koningsberg, 22nd Sep- 
 tember, 1 746, in which the shipwrights upon oath declare 
 they built it for Maas and Bischoff. 
 
 No. 2. Bill of lading for the hemp to be delivered at 
 Lisbon on account of Hillman and Horn, to Baval, signed 
 8th October, 1746. 
 
 No. 3. Another bill of the same tenor and date for deli- 
 very of the hemp to Baval at Bourdeaux. 
 
 No. 4. Charter-party between Hillman and Horn and 
 the master, to go to Bourdeaux. Agrees he shall go to 
 Bourdeaux, but all his papers shall be for Lisbon, dated 
 15 th September, 1746; is attested by, and under seal of 
 the College of Admiralty at Koningsberg. 
 
 No. 5. Clearance at Oresund, for Lisbon, dated 24th 
 October, 1746. 
 
 No. 6. Certificate of the College of Admiralty, that 
 
HIGH COURT OF ADMIRALTY. Ill 
 
 Philip Maaa and Frederick Biachoff had made oath that Febdericus 
 
 the ship is their sole property. Koning van 
 No. 7. Account of the crew. Pbhssien. 
 
 Maas and Bischoff mentioned as owners. 1747, 
 
 No. 8. Clearance for Lisbon. Maa-ch 26. 
 
 1st December, 1746. 
 
 Claim by Christian Schultz, the master, for the ship, as 
 being the property of said Philip Maas and Frederick 
 Bischoff, Prussians, and for freight, average, demurrage, 
 &c., but no claim for the lading. 
 
 The Judge, by interlocutory, condemned the hemp as 
 contraband, and liable to confiscation, but reserved the 
 consideration of the pipe staves and fir deals, and of the 
 ship, until Saturday next. 
 
 December 9. 1746. 
 
 Upon the question concerning the condemnation of the 
 ship and the rest of the cargo. 
 
 Dr. Jenner, for the claimers : 
 
 The hemp has been condemned as contraband. 
 
 Only 2 1 fir deals for dullage, and the pipe staves be- 
 long to the captain and crew. 
 
 Claim for the ship includes all her stores, &c. ; the deals 
 were for dullage, and therefore belong to the ship. 
 
 The deals and pipe staves are not worth above &l. 
 
 Law of nations to be collected from treaties : they are 
 drove to presumption that the owners were cognizant of 
 the unlawful trade. 
 
 The Louisa, Stanherg, Master : ship restored upon hear- 
 ing further arguments. 
 
112 
 
 CASES DETERMINED IN THE 
 
 FBEDERTCnS 
 
 Seoundus, 
 koning van 
 
 PfinSSIEN. 
 
 ^ , ' 
 
 1747. 
 
 March 26. 
 
 Nostra Seignora de Pentha de Franca^, cleared from 
 Dublin to Lisbon with provisions : ship restored. 
 
 Gebroeders^, Young Johannes^, fictitious bills of lading 
 carrying timber for the French : cargoes condemned, shipa 
 restored. 
 
 Pee Curiam : 
 
 As to the pipe staves and deals, by the master's evidence 
 to 11th interrogatory they appear to be laded by, and to 
 belong to, the same owner as the hemp, and therefore must 
 be condemned. 
 
 I do not know there is any treaty between us and 
 the Prussians. 
 
 The master has entered into a charter-party, but it does 
 not appear that the owners were privy to it, and therefore 
 cannot say whether they are in mala fides or not. 
 
 Have not determined upon Prussian ships under the 
 like circumstances. 
 
 If the owners are not in mala fides it is hard they should 
 suffer, and therefore I direct the owners shall make affi- 
 davits that they were no ways privy to the charter-party. 
 
 December 13. 1746. 
 
 The owners have made no affidavits according to the order 
 of Court, but on the 1 7 th January, 1746, Christian Schultz, 
 the master, made affidavit that the owners gave him fuU 
 power to let the ship out upon freight by charter-party 
 or otherwise, to such persons, on such voyages, and under 
 such conditions and restrictions as he should think proper, 
 without advising with them ; and that deponent or the 
 
 Vide ante, p. 90. 
 
 De Vier Gcbrooders, Sept. 6. 
 
 ' Sept. 4. 1746. 
 
 ?46. 
 
HIGH COURT OF ADMIRALTY; 
 
 113 
 
 ship's broker did, on or about the 15th September, 1746, 
 let the ship to freight to Hlllman and Horn, upon the 
 voyage, and under the restrictions in the charter-party 
 executed by the said Hillman and Horn on the one part, 
 and by deponent, as master, on the other part. 
 
 Deponent, looking on himself to have sufficient powers 
 so to do, swears that he did enter into and execute the said 
 charter-party, as master, without advising with either of 
 the owners, or so much as showing or acquainting either 
 of them with the same, or of any part of the conditions or 
 contents thereof, to all which he believes the said owners were 
 entire strangers when the ship sailed from Koningsberg on 
 the voyage wherein she was taken, and believes the owners 
 of the ship knew nothing of the said charter-party, or the 
 contents thereof, till after the ship was taken. 
 
 N. B. The owners having vested full powers in the 
 master, his act hecomes their own, and shall subject their 
 property to forfeiture. 
 
 Fkedehicds 
 Secijndus, 
 
 kohikg van 
 Pkdssien. 
 
 ' — , — ' 
 
 1747. 
 
 March 26. 
 
 Dr. Jenner, for the owners. 
 
 "We objected that the order of Court was not complied 
 with, for the owners ought to have made the affidavit. 
 
 The Court gave them time to the first day of Easter 
 Term to exhibit affidavits from the owners. 
 
 February 16th, 1746-7. 
 
 The owners did not give any affidavits, and so the 
 cause as to the ship came on to be heard again upon the 
 same evidence as it stood on the 16th February last. 
 
 Dr. Jenner, for the claimers : 
 
 The captain did not claim the hemp. 
 
 Condemned without opposition ; now insisted this ship 
 
114 
 
 CASES DETERMINED IN THE 
 
 konisg tan 
 Peussien. 
 
 ' , ' 
 
 1747. 
 
 March 26. 
 
 Fkedeeicds is to be condemned by the law of nations, as she was 
 EcuHDDs, carrying contraband to the enemy. 
 
 Deny the position. 
 
 The ship is clearly Prussian property. 
 
 A ship is not forfeitable for carrying any contraband 
 but such as are so in their own nature. 
 
 Sir Leoline Jenkins held tar' not to be contraband in its 
 own nature. 
 
 Hemp ' is only declared to be so by the King's Instruc- 
 tions, which direct ships having such goods to be brought 
 in as prize. 
 
 Pek Curiam: 
 
 I should have been glad if the owners had made an 
 affidavit to prove they were not privy to the charter- 
 party. 
 
 The mala fides in the captain is clear from the whole 
 evidence ; by his affidavit he had full power to let out the 
 ship. 
 
 The cargo which ia- condemned is the produce of Ko- 
 ningsberg, and is not contraband in its own nature. 
 
 The owners, as the captain swears, did not know of the 
 charter-party. 
 
 By the Text Law the ship is not forfeited, unless the 
 owners had knowledge of the contraband goods being put 
 on board. 
 
 I don't know there has been the like point before the 
 Court as to Prussian ships. 
 
 By King's Instructions, ships with such cargoes are to 
 
 ' Hemp and tar, under modem 
 law of nations, liable to be seized as 
 contraband in its own nature, for- 
 merly of a disputable nature. — 
 Maria, 1 Rob. 372. Hemp forbid- 
 
 den by Danish Treaty. — Ad. Art. 
 July 4. 1780; Eingende Jacob, 1 
 Rob. 90. Hemp contraband. — The 
 Franklin, 3 E. 217. 
 
HIGH COURT OF ADMIRALTY. 
 
 115 
 
 be brought in as prize, but it does not follow that they are 
 therefore to be condemned as prize. 
 
 And therefore as it does not appear that the owners of 
 the ship were privy to this transaction of the master's, I 
 decree the ship to be restored, but give no freight. 
 
 May 26. 1747. 
 
 Frederictjs 
 Secundcts, 
 
 konikg van 
 Pkdssien. 
 
 ' ^ ' 
 
 1747. 
 March 26. 
 
 ELIZABETH CATHERINA. Abend Cornielzen, 
 
 Master, 
 
 Elizabeth Catherlna, Arend Cornielzen, Master ; taken 
 by the Cumberland privateer, Henry Cooper, Commander. 
 
 I am for the claimers. 
 
 This ship was built at Stralsund, in Sweden. 
 
 Is the property of Cornielzen, the master, Carl Wil- 
 helm Stievelewen, and Christian Heble, all subjects of 
 Sweden. 
 
 Navigated by eight men and three boys, besides the 
 master; all Swedes. 
 
 At Port Louis, in France, she loaded wine and brandy, 
 and sailed from thence bound for Havre de Grace. 
 
 By the bills of lading it is said that the ship was bound 
 from St. Louis de Cette in France to Middleburgh in 
 Zealand, and that the goods were consigned to Peter 
 Schoonhaven and Gaspard Riband and Son ; but the 
 master, on the eleventh interrogatory, swears that by 
 the verbal order of the freighter, De Heer Yan Prussen, 
 the goods were to be delivered at Havre de Grace to such 
 persons there as should produce the bills of lading. 
 
 I 2 
 
 Elizabeth 
 Caxheeina. 
 
 1747. 
 
 June 20. 
 
 Contraband.— 
 Provisions. — 
 Lending ship 
 to enemy. — 
 Master part 
 owner. — Ealse 
 papers. — Ship 
 and cargo con- 
 demned. 
 
116 CASES DETERMINED IN THE 
 
 Ei-TZABBTH In his voyage from Port Louis to Havre he was forced," 
 
 . by stress of weather, to Norway, on the 18th March, 
 
 1747. 1746 ; but in twelve days sailed from thence for Havre. 
 June 20. ^^j. j^^j^i^ 1747^ o_g_^ taken by the Cumberland between 
 
 Dover and Folkstone, and brought to Dover. 
 
 2nd May. The master claimed ship and cargo, but in 
 his affidavit only swears to the property of the ship. 
 
 By the Certificate of Admeasurement (No. 1.), the 
 Patent of Immunities by the Counsellors and College of ^ 
 Trade at Stockholm (No. 5.), and by the Mariner's Contract 
 (No. 7.) and Burgher Brief (No. 9.), it appears fully that 
 the ship is Swedish. 
 
 There is a charter-party (No. 11.), in which the ship is 
 said to be hired at freight for Middleburgh. 
 
 The Master, to twelfth interrogatory, swears that the 
 bills of lading on board were colourable, and that five 
 others were signed for the goods of a different tenor. 
 
 Though we have claimed the cargo, we only pray resti- 
 tution of the ship, &c., and 100 deals, which belong to 
 the master; and freight, demurrage, and costs. 
 
 2nd April. The captors examined on preparatories at 
 Dover. 
 
 1. Arend Cornielzen, the master, who swears one- 
 fourth of the ship and 100 deals are his property. 
 
 Ship's burthen, 74 lasts. 
 
 Sailed from Port Louis on 7th January, 1746, N.s. 
 
 The cargo consisted of 162 tons of red wine, 6 pieces 
 of brandy, and 11 barrels of goods. 
 
HIGH COURT OP ADMIRALTY. 1 1 7 
 
 Daniel Laurens and Company were the laders thereof, Elizabeth 
 who are Frenchmen, and live at Port Louis; and the ', 
 
 Heer Van Prussen was the freighter thereof, who lives at 1747. 
 Marseilles. ' ^""' ^°- 
 
 Eight bills of lading, three colourable, five of a different 
 tenor, for delivery of the goods at Havre, were sent over- 
 land. 
 
 Three charter-parties signed, two of them colourable, 
 marked Nos. 10, 11., and the other sent overland, and 
 was made between Van Prussen and deponent at Mar- 
 seilles. 
 
 II. Pieter Angelyn, mate. 
 
 III. Hendrick Limberg, boatswain, who agree with 
 Cornielzen. 
 
 The question is, whether the ship is liable to confisca- 
 tion on account of Cornielzen, who is a part owner, having 
 signed false bills of lading and charter-party, to cover 
 French property. 
 
 Dr. Simpson and Dr. Jenner, for the captors. 
 Plainly appears this is a ship lent to the French, 
 Admit it is a Swedish ship- 
 
 Dr. Collier and I, contra, for the claimers. 
 
 Dr. Simpson, for the captors. 
 
 No doubt but that the ship was chartered to the French. 
 
 Provisions a general term which extends to drink as 
 well as meat. If wine is provisions, then this case is ex- 
 actly the same as the Vrow Anna Maria ', and the ship is 
 forfeited for carrying contraband goods. 
 
 ' Vide post, ■^. 119. 
 . 3 
 
118 CASES DETERMINED IN THE 
 
 Elizabeth No pretence for freight to be allowed the captain. 
 
 Catherina, 
 
 ^ 
 
 1747. Dt. Jenner, same side. 
 
 June 20. jjg jg ^^ enemy who assists an enemy of ours. 
 
 False hills of lading cause of forfeiture, because it is an 
 endeavour to assist the enemy. 
 
 Here the ship is lent to the enemy. 
 
 Order of Council, 1664, art. 4.^ 
 
 Destroying papers, or false bills brought as evidence to 
 clear the ship, shall be the cause of condemning her. 
 
 Where ships have been carrying enemies' goods from 
 one port of an enemy to another, have always been con- 
 demned. 
 
 Castle Royal of Altona, 1691, laden with brandy, 
 wine, &c. 
 
 Bound from Bourdeaux to Dunkirk. 
 
 Ship only claimed. Court condemned the ship, which 
 belonged to Danes. 
 
 The Fortune, in 1692, Swedish ship. 
 
 Bound from Dunkirk to Rochelle. 
 
 Ship condemned. Do not know the cargo. 
 
 City of Warsaw, 1692, condemned. 
 
 Affirmed by the Lords. False bills of lading. 
 
 Per Curiam : 
 
 It is a good deal like the case of the Vrow Anna Maria. 
 The voyage is plainly for the advantage of the enemy. 
 
 ', "That where any ship met withal the said ship, or shall bring or offer 
 
 by any of the King's royal navy or to the Court any false or double 
 
 other ships commissioned by his au- writing for evidence thereof to clear 
 
 thority shall fight or make resist- her or her goods, or any of them, 
 
 ance, or the master or any of the the said ship and goods shall be 
 
 company shall throw away, bum, judged and condemned as good and 
 
 tear, or conceal any of the ship's lawful prize." — 'Vide also Order of 
 
 papers or documents, or shall have Council, May 22. 1672, art. 3. 
 no papers at all found on hoard in 
 
HIGH COURT OF ADMIRALTY. 
 
 119 
 
 Was hired upon charter-party by the French. 
 
 This is a lending of the ship to them. 
 
 Wine and brandy are provisions. 
 
 Commeatus is a general term, and signifies drink as 
 well as eatables. 
 
 Wine is the common drink of France. 
 
 The pass on board is not according to the treaty. 
 
 This ship was assisting the enemy, and the master, who 
 has acted colourably, was a part owner of the ship. 
 
 And therefore I pronounce that the ship and cargo 
 ought to be condemned. 
 
 Decreed accordingly, June 20th, 1747. 
 
 Elizabeth 
 Cathekika. 
 
 1747. 
 Jane 20, 
 
 Captain Bazely claimed to be a joint captor, and said he 
 gave an allegation. 
 
 DE VEOW ANNA MARIA. Jacob Hoen, Master. 
 
 De Vrow Anna Maria, Jacob Horn, Master ; taken by 
 the Cumberland Privateer, Henry Cooper, Commander, 
 and brought to Dover. 
 
 I am for the captors. 
 
 This is a Swedish ship bound from Dunkirk to Bour- 
 deaux, laden with wheat on freight. 
 
 Was taken in the afternoon of the 4th of May, 1747, 
 O.S., at ten, about three leagues from Dungeness. 
 
 No resistance. 
 
 Seven mariners and a boy, all Swedes and Hollanders. 
 
 Ship was built at Stralsund, about three years ago. 
 Burthen, 80 lasts. 
 
 I 4 
 
 De Vrow 
 Anna Maria. 
 
 > , ■ 
 
 1747. 
 
 June 20. 
 Contraband.— 
 Wheat.— 
 Claim, want 
 of. — ^False pa- 
 pers. — Master 
 part owner. — 
 Ship and cargo 
 
 condemned 
 
 Decree deli- 
 vered to captain 
 of privateer. 
 
120 €ASES DETERMINED IN THR 
 
 De Vko-w Carl Frederick Lichtenfeldt, Jurgend Borend Branden- 
 
 AmA Maria , ^^^.g^ Martin Augustien Van Essen, and Johan Fredrick 
 1747. Kempe and Jacob Horn, the master, all Swedes, are the 
 June 20. owners of the ship. 
 
 The master in a sixth part. 
 There was no bill of sale for the ship. 
 The lading consists of 1815 sacks of wheat, 
 Jacques Laine, a Frenchman, living at Dunkirk, is the 
 owner of the wheat and the lading. 
 
 It was to be delivered at Bourdeaux on the said Laine's 
 account. 
 
 But in the bills of lading it is falsely said to be on ac- 
 count of the owners of the ship. 
 
 No charter-party. 
 
 6th May, 1747. The captors examined Jacob Horn, the 
 master ; Martin Schmit, the mate : and Wilkelm Byssik, 
 the boatswain ; who prove the above facts. 
 
 Ship's Papers. 
 
 C. and D. Letters from one of the owners to the master, 
 directing him to get freight at Dunkirk. 
 
 No. 8. A letter from the master to his owners, dated at 
 Dunkirk 28th April, 1747, desiring their directions where 
 he shall go next. 
 
 No. 1. Bill of lading for 1815 sacks of wheat, for ac- 
 count of the proprietors of the ship, shipped by Jacques 
 Laine, to be delivered at Bourdeaux to Mr, De Eycher, 
 dated at Dunkirk, 12th May, 1747. 
 
 No. 2. An invoice of the wheat, in which it is said 
 to be for the account of Lichtenfeldt, proprietor of the 
 ehip. 
 
 No. 4. A French pass. 
 
HIGH COURT OP ADMIRALTY. 121 
 
 26th May, 1747. De Vrow 
 
 The master, Jacob Horn, gave in a claim for the ship, , 
 
 as being Swedish property, and for freight ; but did not 1747. 
 
 claim the cargo. •^''°' ^°- 
 
 So the only question is, whether the ship is subject to 
 condemnation. 
 
 Dr. Simpson, with me, for the captors. 
 
 Dr. Paul, for the clairaers. 
 
 By the treaties, nothing but contraband goods and 
 enemies' property is to be condemned. 
 Dr. .Tenner, same side. 
 
 Dr. PauTs argument for the claimers. 
 
 The master's oath of the property is always a sufficient 
 evidence, if there is not a contrary proof. 
 
 The captain has shown himself an honest man, and has 
 fairly discovered the whole. 
 
 No malajides in him. 
 
 N.B. False bills of lading. 
 
 Fredericvs Secundus.^ 
 
 Treaty with Cromwell, 11th April, 1654, art. 11.^ 
 
 Treaty, 17th July, 1656, art. 2.^ 
 
 Wheat is not useful for war, uti est. 
 
 Treaty, 1661^ Art. 11. Ships lent, means ships of Avar. 
 
 Dr. Jenner, same side. 
 
 Insisted, 1st, that the ship is not Swedish. 
 
 » Vide ante, p. 109. ' Id. p. 141. 
 
 * Dumont, torn. vi. p. 80. * Id. p. 384. 
 
June 20. 
 
 :i22 CASES DETERMINED IN THE 
 
 De Vkow 2nd, that if it is, it is forfeited for carrying contraband. 
 
 AimA Mabia . 3j.j^ ^Jj^^. f^jgg jjjjjg ^^ jg^^j^g creates a forfeiture. 
 
 1747. Wheat may serve to various purposes. 
 
 Makes powder and starch. 
 
 But supposing it to be contraband, it will not affect the 
 ship ; for by the 11th Article of Treaty, 1661, the contra- 
 band only are to be prize. 
 
 Pek Curiam : 
 
 The -wheat is not claimed, and must be condemned ; 
 and it is certainly provisions, and, within the letter of the 
 treaty ^ is contraband. 
 
 These contraband goods were put on board by the con- 
 sent and privity of the owners of the ship. 
 
 The master, who is a part owner, signed false bills of 
 lading. 
 
 I am of opinion both ship and cargo ought to be con- 
 demned ; and accordingly the Court condemned both ship 
 and cargo. 
 
 June 20th, 1747. 
 
 Dr. Paul moved for two persons, who called themselves 
 agents, that the ship should be delivered to them ; but the 
 Court said they would proceed according to the usual 
 course, and decreed the ship to the captain of the privateer 
 on whose monition she was condemned. 
 
 Vide Apollo, 4 Rob. 163. 
 
HIGH COURT OF ADMIRALTY. 123 
 
 DE EENDRAGHT. Gert Dirkes, Master. De 
 
 Eendeaght. 
 
 De Eendraght, Gert DIrkes, Master; taken by the Grey- 1747. 
 hound man-of-war, Thomas Noel, Esq., Commander, and ^°'- ^• 
 
 , , Contratand. — ■ 
 
 brought to Dover. Milled lead.— 
 
 Proof, want of. 
 
 — Affidavits. — 
 
 I am for the claimer. Condemned.— 
 
 JBreigntallowea 
 
 This is a Prussian ship, taken on 24th July, 1747, N. s., for all but con- 
 about three leagues from shore between Gravelines and 
 Calais. 
 
 The said ship was put up at Amsterdam as a general 
 ship for freight. 
 
 Was laded there by merchants at Amsterdam with 
 pepper, cloves, paint, dyer's wood, bees-wax, flax, callo- 
 manco ^ beer, cheese, sheets of milled lead, barrels of steel, 
 iron hoops, barrels of tin, and other goods upon freight, on 
 account of the laders, who are Dutchmen. 
 
 Consigned to be delivered at Bourdeaux. 
 
 Sailed from the Texel 19th July, 1747, N. s., with a 
 Prussian pass, proper clearances, and other papers. 
 
 The ship is the property of Gert Derks, the master, and 
 of Siem Voeders and Lannet Albus of Embden in East 
 Friezeland, all Prussian subjects. 
 
 17th August, 1747. 
 
 The mast'er claimed the ship as the property of himself, 
 and said Voeders and Albus, all Prussians, and the cargo 
 as being the property of Dutchmen and other neutral 
 subjects. 
 
 ' A woollen fabric chiefly manufactured in the Netherlands. 
 
124 CASES DETERMINED IN THE 
 
 De Burthen of ship, 26 lasts. 
 
 Eendraght . Master, two mariners, and a boy. 
 
 1747. 170 bills of lading signed, none colourable. 
 
 0='-5- 55 bills on board. 
 
 No charter-party. 
 
 Christoffers, the mate, to the ninth interrogatory says : — 
 There were on board rolls of sheet lead, flat bars of 
 
 iron about half an inch thick, iron hoops, iron spikes and 
 
 nails. 
 
 The property in the goods contained in fourteen bills of 
 lading is fully proved by affidavits to be neutral. 
 
 But there is no proof of the property of the rest of the 
 goods. 
 
 We pray the ship and the goods proved may be restored 
 and freight for the goods condemned. 
 
 Dr. Pauly for the captor. 
 
 Agree they have proved their property in several bills of 
 lading. 
 
 Affidavits are not full proof: it ought to be by plea: 
 affidavits can only be received by consent. 
 
 Dr. Simpson, same side. 
 
 If they insist that no part of the cargo can be condemned, 
 we shall insist that they prove their property. 
 
 Part of the cargo is contraband, therefore no freight is 
 due. 
 
 The Court restored the ship, and so much of the cargo 
 
HIGH COURT OP ADMIRALTY. 125 
 
 for which there were affidavits, and condemned the rest of De 
 
 the cargo, and gave freight for all the goods condemned f^'^"^'^""^; 
 except the milled lead^ which he held to be contraband. 1747. 
 
 December 5th, 1747. Oct. 5. 
 
 DE VLUGHT NAA ^GYPTEN. Jocche Esgek, 
 
 De Vltjght 
 Master. naa Mqtftev. 
 
 De Vlught naa ^gypten, Jocche Esger, Master; taken 1747. 
 by The Swan man-of-war, Captain Russell. 
 
 Contraband. — 
 Lead. — Dutch 
 
 I am for the captor. ' SSoJ^^ 
 
 Taken 17th May, 1747, N. &., at sea, and brought to Character of 
 
 . ship.— Want of 
 
 Dover. She was seized between Flushing and Middle- proof.— Cargo 
 burgh, off the island of Walcheren, in Zealand. demned.— Ship 
 
 Is a Dutch ship, and sailed under Dutch colours. restored. — Just 
 
 cause of seizure. 
 Navigated by the master and two marinei's, all Frieze Captor's 
 
 1 ^ costs refused. 
 
 landers. 
 
 Burthen 40 lasts. 
 
 She is the sole property of Jocche Esger, the master 
 
 who is a Dutchman. 
 
 The master swears that she took in her lading at Ham- 
 burgh, where the voyage began, was bound first to Havre 
 de Grace and afterwards to Rouen in France. 
 
 The lading consisted of lead, copper, tin, wax, alum, 
 blue, lampblack, linen, cotton, hare-skins, scythes, Nurem- 
 burgh toys and quills. 
 
 That the several persons in the bills of lading mentioned 
 to be the laders thereof were really so, and the master says 
 
 ' Vide Juffrow Susannah, ante, p, 71. 
 
126 CASES DETERMINED IN THE 
 
 De VttJGHT he was told by them they were the owners thereof, and it 
 t was for their own account and risk; that the laders are 
 
 1 747. great merchants at Hamburgh, and the said goods were to 
 be delivered at Havre de Grace and Eouen. 
 82 bills of lading were signed for the goods. 
 They were not colourable ; and there were not any bills 
 of lading signed which were of a different tenor with 
 those on board. 
 
 No charter-party. 
 
 Ships Papers. 
 
 1. Bill of sale. 
 
 From No. 2. to No. 27. Inclusive, bills of lading, all of 
 them for the account and risk of Hamburghers or other 
 neuters. 
 
 No. 28. The master's burgher brief. 
 
 No. 29. Dutch pass, dated 7th March, 1747. 
 
 No. 33. Manifest of the cargo. 
 
 The ship sailed from Hamburgh April 30th, 1747, N. s. 
 Was taken 27th May, and carried into Flushing ; stayed 
 there till 29th May, and arrived at Dover 1st June, 1747. 
 
 22nd June, 1747. Jocche Esger, the master, gave In a 
 claim on his oath for the ship, freight, primage *, damages, 
 demurrage, and expenses, as being his sole property. 
 
 The master in his affidavit to the claim swears that he 
 sailed in ballast from Ostenahorn, in Friesland, on 23rd 
 March, 1747, N. s., for Hamburgh, to get a loading for 
 
 ' Primage, an allowance to master pack or bale for loading the same, 
 and mariner of from \d. to 6rf. cacli 
 
HIGH COURT OP ADMIRALTY. 127" 
 
 some place or other. That soon after his arrival at Ham- De Vluoht 
 burgh he took in a lading of several sorts of goods which ■ 
 were shipped by divers merchants at Hamburgh, who were, 1747. 
 so far as he knows, the owners thereof ; they requiring this 
 deponent to sign bills of lading for the same, as if shipped 
 for their account and risk. Part of the cargo deponent 
 was to deliver at Havre de Grace, and part at Rouen. 
 The said ship in her passage from Hamburgh to Havre de 
 Grace was taken by the Swan, 
 
 Deponent on his oath declares, that when the said goods 
 were shipped on board his ship, he did not know or believe 
 that any part thereof were prohibited goods or the property 
 of enemies, but apprehended he was upon a lawful trade, 
 and that all the cargo was free goods and neutral property. 
 
 6th July, 1747, A claim was given in on the oath of 
 Luder Millo on behalf of Peter His and others, subjects 
 of Hamburgh and other neutral states, for all the cargo, as 
 being the sole property of the claimants, and for all damages 
 and expenses. 
 
 Note. — Mr. Millo has exhibited thirteen attestations to 
 prove part of the cargo to be neutral property : the twelve 
 first are very full, and the other I think is sufficient to 
 prove the property of Meyer of Petersburgh in some barrels 
 of hare-skins. 
 
 Dr. Simpson, for the claimers. 
 
 Laden by various merchants at Hamburgh on freight, 
 
 A Dutch ship, a fair trade. 
 
 N,B, The captors insist that lead is contraband', and as 
 such must be condemned. 
 
 ' Vide ante, p. 125, 
 
128 CASES DETERMINED IN THE 
 
 De Vltjght Dr. Simpson, If lead is privileged by the Dutch treaty. 
 M AA jEGTPTEK . ^^^ ^^^^^ ^^^^ ^^^^ ^^^j^^ ^^ ^j^^ privilege, though the 
 
 1747. Dutch do not insist on it. The treaty is for encouragement- 
 '^'' ■ of the Dutch navigation rather than for their trade. 
 
 The Hamburghers are doing nothing unlawful in carrying 
 lead. 
 
 It is not contraband on board Dutch ships. 
 
 Dr. Jenner, same side. 
 
 The instructions which say lead is contraband do not 
 relate to Dutch ships. 
 
 And they do not relate to small quantities but when the 
 main cargo is lead. 
 
 Med Guds Hielpe^, laden wholly with pitch and tar, and 
 therefore condemned. 
 
 Instructions^ cannot alter the law of nations. 
 
 The Court restored the ship ; said the captain of the 
 Dutch ship had not acted quite fairly, for he did endeavour- 
 to cover the French. 
 
 The treaty of 1674^ was not made for the sake of the 
 trade and navigation of the Dutch, but for the benefit of 
 the English, who were then in peace with everybody, but 
 the Dutch were then at war with France. 
 
 Under the circumstances of this case, we must consider 
 this ship was not as a Dutch ship under the treaty, but 
 as a neutral ship only, she had no Dutch goods on board. 
 
 The lead must be condemned as contraband, and any 
 other goods, the property of which is not proved, must be 
 
 • Videpost, Tp. 191. and Tp. 60. Mackintosh, vol. i. p. 318.; Hall, 
 
 ^ As to force of the King's in- Amer. Law Journal, vol. i. p. 217. 
 
 stri-.ctions, vide 2 Bob. 202., Edw. ' Dumont, torn. vii. p. 282. ; 
 
 604. ; arguments in case of the Snipe, D'Hauterive, torn. vii. p. 14. explan. 
 
 p. 119. 122. ; and Life of Sir James art.SO.Dec.ieTii. ; Dumont, torn. vii. 
 
 p. 319. ; D'Hauterive, torn. vii. p. 14. 
 
m 
 
 HIGH COURT OF ADMIRALTY. 
 
 condemned as enemies' goods, and the rest of the cargo 
 must be restored. 
 
 Lead aboard all neutral ships that are not under the 
 privilege of treaties, is contraband. 
 
 I am therefore of opinion freight ought to be allowed 
 for all the goods condemned except the lead, for which no 
 freight is due, it being contraband. 
 
 Decreed accordingly. 
 
 October 8th, 1747. 
 
 The Court pronounced just cause of seizure, but would 
 not give the captors costs. 
 
 129 
 
 De Vlttght 
 
 NAA -SIgTPTEN. 
 
 ' , ' 
 
 1747. 
 Oct. 8. 
 
 PRINCESSA DE BRAZILS. Joachim Gonsalves, 
 
 Master. 
 
 Princessa de Brazils, Joachim Gonsalves, Master ; taken 
 by the Greyhound man-of-war. Captain Noel. 
 
 I am for the claimers. 
 
 Ship taken 29th June, 1747, off the Flemish coast, and 
 carried to Dover. 
 
 She is English built. 
 
 Navigated by the master and 11 mariners, all Portu- 
 guese but two, who were Spaniards, and the mate, who 
 was an Irishman, and a German passenger. 
 
 Burthen 125 tons, and had 6 guns. 
 
 At the time she was taken she was bound from Ams- 
 terdam to St. Sebastian with various sorts of goods as 
 mentioned in the bills of lading, excepting some things 
 
 PalNCESSA Dia 
 Brazils. 
 
 l747o 
 
 Oct. 9. 
 Contraband. — 
 Planks. — Por- 
 tuguese Ti-eaty. 
 . — Property, 
 pi'oof of. — 
 Ship and cargo 
 restored. — Just 
 cause of seizure. 
 — Captor's ex- 
 penses allowed. 
 
130 CASES DETERMINED IN THE 
 
 Pkinoessade belonging to the master, for which there is no bill of 
 
 . ^"^''^^- . lading. 
 
 1747. The goods were all put on board at Amsterdam by a 
 
 Oct. 9, broker on freight, who (as the master swears), told him 
 
 they belonged to Dutch merchants wholly, and deponent 
 
 believes it to be true. 
 
 The goods were to be delivered at St. Sebastian to 
 the persons they were consigned to, according to the bills 
 of lading. 
 
 There was no charter-party. 
 
 The ship is the sole property of Andreas rranclsoo 
 Vivas, a Portuguese merchant, who lives at Lisbon. 
 
 The captors have examined the master and second mate, 
 who prove the above facts. 
 
 11th July, 1747, Joachim Gonsalves, the master, gave 
 in a claim on oath. 
 
 Claims the ship as being the sole property of Andreas 
 Francisco Vivas, a Portuguese, and the cargo as laden in a 
 Portuguese ship, and for damages and costs. 
 
 In his affidavit annexed to his claim, he swears that this 
 ship about 24th March, 1747, N. s., sailed from Lisbon, 
 destined to Viana in Portugal with a lading of salt, but, 
 meeting with contrary winds, deponent carried the ship 
 and lading to Bilboa in Spain, and there sold the cargo, 
 and took in another lading consisting chiefly of sugars and 
 mahogany planks, sailed with the same from thence to 
 Amsterdam, where the ship arrived about the 9th May, 
 N. s. ; there took in another cargo consisting chiefly of 
 beeswax, train or fish oil, cocoa, cinnamon, and deal boards, 
 and of no contraband goods whatever for St. Sebastian. 
 
 In her voyage from Amsterdam to St. Sebastian with 
 
HIGH COURT OP ADMIEALTY. iSl 
 
 said cargo, she was taken off of Ostend ou 29th June, Peincessa db 
 
 1747, N. s., and brought to Dover by the Greyhound man- . '^^^^^^- ^ 
 
 of-war on the 1st July, 1747, N. s., notwithstanding depo- 1747. 
 
 nent was provided with and produced a regular passport ^'^^' ^' 
 from the King of Portugal, and a certificate from the 
 British Consul at Lisbon, that she was a Portuguese ship. 
 
 Ship's Papers. ' 
 
 There are a great many clearances for the goods given 
 at the Custom House at Amsterdam, and there are a great 
 number of bills of lading, most of which do not specify on 
 whose account the goods are shipped. 
 
 No. 24. is a receipt for 200 planks, 19 feet long, re- 
 ceived on board this ship. 
 
 No. 64. for 400 planks of 2 and 2| inches thick, and 
 20 feet long, and 60 ditto of pine tree, from 3, 3^, 4 and 
 5 inches thick, and 24 feet long, to be delivered at St. 
 Sebastians, at the order of Don Luis Michel. 
 
 No. 97. An agreement between the owner Vivas and 
 the master, dated 26th October, 1742, 
 
 No. 98. Bill of sale of the ship, dated 22nd July, 1741, 
 to Vivas. 
 
 No. 99. A passport from the Spanish Consul at Ains- 
 terdam, dated 9th June, 1747. 
 
 No. 100. Roll of equipage. 
 
 No. 102. A pass for Portugaletta to sail to Amsterdam, 
 dated 24th April, 1747. 
 
 No. 103. A certificate that the goods therein named 
 are not English. 
 
 No. 104. Certificate for other goods: there are many 
 certificates of the same kind, and I think for most of the 
 cargo. 
 
 No. 133. A manifest of the cargo. 
 
 E 2 
 
132 CASES DETERMINED IN THE 
 
 Pbinoessa db No. 134. Letter of attorney from Vivas, to take pos- 
 .^"^^"^"•. session of the ship. 
 
 1747. No. 147. A letter of instructions from the owner to 
 
 Oct. 9. tiig captain, material for the claimers. 
 
 No. 149. A Portuguese passport for that voyage, dated 
 13th March, 1747, expired. 
 
 No. 151. Justification of the ownership of the ship at 
 the petition of Vivas, declared to be his, dated 6 th March, 
 1747, attested by Mr. Castres, the British Consul at 
 Lisbon. 
 
 Dr. Paul, for the captors. 
 
 Portuguese treaty privileges only from ports of Portugal. 
 
 Vlught naa u^gypten ^, held so as to a Dutch ship coming 
 from Hamburgh. 
 
 Nostra Signora de Peniha de Franca ^, Portuguese ship, 
 going from Ireland with beef to France. Cargo con- 
 demned. 
 
 N. B. A false clearance for Lisbon no proof of Dutch 
 property. 
 
 The planks are contraband. 
 
 Dr. Simpson, same side. 
 
 Claim of privilege of the ship a tacit admission. The 
 goods are Spanish property. 
 
 Bills of lading not strict evidence. 
 
 300 planks do not appear whose property they are. 
 
 Treaty with Portugal does not declare what is con- 
 traband, cannot be understood to give them leave to carry 
 contraband. This is a ship merely upon freight, and 
 therefore not privileged. 
 
 ' Vide anU,^.\i5. ' Vide ante, -p. .90. 
 
HIGH COURT OF ADMIRALTY. 
 
 133 
 
 Dr. Jenner contra, for claimers. 
 
 Per Curiam. 
 
 Clear the ship is Portuguese. Was trading originally 
 upon Portuguese account: went to Amsterdam with a 
 cargo. 
 
 A Portuguese ship may lawfully trade from Amsterdam 
 to St. Sebastian. 
 
 Question, whether this cargo is enemy's property. 
 
 The captors are to make proof of enemy's property 
 from the preparatories and ship's papers. 
 
 I do not see from them any proof that this cargo is 
 Spanish, or any other suspicion than that it was going to 
 Spain. 
 
 The planks and deals do not appear to be for shipping, 
 or to be contraband. 
 
 In the treaty there are no words limiting the Portu- 
 guese to trade only from their own ports. 
 
 I think this cargo is under the privilege of the treaty of 
 1654^, and I do not think there is any proof that it is 
 enemy's property ; and therefore I decree the ship and 
 cargo to be restored, and pronounce just cause of seizure, 
 and give the captor his expenses. 
 
 Oct. 9. 1747. 
 
 Pbincessa be 
 Brazils. 
 
 ^ ' 
 
 1747. 
 
 Oct. 9. 
 
 DE MAKIA. Dtek Ttalfst, Master. 
 
 De Maria, Dyrk Tyalfsy, Master ; taken by the Sand- 
 wich, Captain Gaul. 
 
 > Dumont,toiii.Ti.p.82., D'Hauterive, torn. vii. p, 97. 
 
 K 3 
 
 Db Maria. 
 1747. 
 
 Oct. 9. 
 
 Contraband. — 
 Dutch Treaty, 
 1674. — Ship 
 restored. — 
 Freight refused. 
 
f3'4 CASES DETERMINED IN" THE 
 
 De Maria. I am for the captors. 
 TTCI ' This is a Dutch ship, was taken on 25th June, 1747, o. s., 
 Oct. 9. and carried to Falmouth. 
 
 Nine mariners, 120 tons burthen. 
 
 She was, when taken, proceeding from St. Sebastian to 
 Carthagena, in Spain ; the voyage began at St. Sebastian, 
 and was to have ended at Carthagena. 
 
 Mynheer Sirp Oilkama is the owner of the ship, who is 
 a Dutchman by birth, and lives at Amsterdam. 
 
 The lading was all put on board at St. Sebastian, and 
 consisted of iron, iron spikes, hoops, and three small bales 
 of goods, and an hogshead of cider ; there are twenty-one 
 casks of the iron spikes of the weight of 1300 pounds, and 
 from that to 1500 pounds weight each. 
 
 They were laded by Jean Nicholas Mendineta, who 
 lives at St. Sebastian, and the owner of it was Don Luis 
 Michell, who now lives and carries on trade at Amster- 
 dam. 
 
 The said cargo was to be delivered at Carthagena, and the 
 master believes for the account of the said Luis Michell. 
 
 They were to be delivered to his order, which he was to 
 send to deponent at Carthagena, but deponent does not 
 know to whom they really belonged. 
 
 The bills of lading are true. 
 
 She was taken between St. Sebastian and Bilboa. 
 
 There is a charter-party. 
 
 John Butler, 4th witness. 
 
 8th interrogatory. Says he believes the cargo was 
 Spanish property, and that it was fit for ships. 
 
 No. 1. A bill of lading material. 
 
 5th August, 1747. 
 
 A claim was given for the ship, freight, &c., as being 
 ^l^e sole property of Sirp Onchama, a Dutchman. 
 
HIGH COURT OF ADMIRALTY. 135 
 
 No claim was given for the goods, and on 18 th August Db Mama. 
 they were condemned as enemy's property. * TT^dT ' 
 
 The question now is, upon condemnation of the ship for 
 having carried contraband. 
 
 Dr. Simpson, for the claimers. 
 
 A Dutch ship fully proved. 
 
 The charter-party is made on behalf of Michell, a 
 Dutchman, and the bill of lading is so ; therefore it does 
 not appear that the captain knew it to be enemy's pro- 
 perty. 
 
 For if they had been Dutch they would not have been 
 contraband. 
 
 Dr. Jenner, same side. 
 
 By 7th art. of Treaty of 1674, a ship is not to be con- 
 demned because she has contraband on board. 
 
 The master acted fairly so far as he knew, for if they 
 had been Dutch, he might by the treaty have carried them 
 to Carthagena. 
 
 Per Curiam : 
 
 The ship must be restored by virtue of the treaty of 
 1674S for by that treaty a Dutch ship is not forfeited for 
 carrying contraband. 
 
 The only question is upon freight. 
 
 The cargo has been condemned as Spanish property. 
 The captain, I think, has been upon an unfair trade, and 
 therefore I pronounce he is not entitled to freight. 
 Oct. 9. 1747. 
 
 Vide ante, p. 128. n. 
 E 4 
 
 Oct. S. 
 
136 CASES DETERMINED IN THE 
 
 The 
 Ebbnezbb. the EBENEZEE. Aasmund "Wallesteed, Master. 
 
 1747 rn 
 
 Qpt g' The Ebenezer, Aasmund Wallesverd, Master ; taken by 
 
 Contraband.— the Chesterfield privateer, Gilbee, Commander. 
 
 Destination dis- 
 cretionary. — 
 
 Growth of I am for the captor. 
 
 neutral couu- '■ 
 
 try — Ship and A Danish ship, laden with a Danish cargo, viz., spars, 
 
 on security to boards, and timber, and 285 bars of iron, which are con- 
 
 sellmEngland. traband goods, and was going to Brest, a French port. 
 — Just cause o ' o o ' r- 
 
 of seizure.— Therefore prayed that the ship and goods should be con- 
 
 Captors' costs. , , 
 
 demned. 
 
 The master is a part owner of both ship and cargo, and 
 the other two owners of the ship are also the owners of 
 the rest of the cargo, and were privy to the voyage. 
 
 Dr. Paul, for the claimers. 
 
 We pray restitution of ship and cargo, with costs. 
 
 Dr. Jenner, same side. 
 
 There is a paper on board from the magistrates in Den- 
 mark, which says these goods are not contraband. 
 
 The goods are all of the growth of Norway, and there- 
 fore, in a Danish ship, not contraband. 
 
 They had no intention to assist the enemy, for they 
 were bound either to England or France. 
 
 Pee Curiam. 
 
 This ship was taken on 9th June, 1747, o. s., between 
 Dover and Blackness, in the Mid Channel. 
 
 The King, by his Instructions, does not intend to hurt 
 his allies, but to prevent them aiding his enemies. 
 
HIGH COUKT OF ADMIRALTY. 
 
 137 
 
 Confiscation of ship and cargo is the highest punishment, 
 and only to be inflicted for a plain attempt to assist the 
 enemy. 
 
 They were only upon a trading voyage with the growth ' 
 of their own country. 
 
 The papers show she was to go either to England or ^ 
 France; from the examination it appears she was then 
 intended for Brest, as the best market, but she does not 
 appear to have been specially destined to Brest.^ 
 
 Did not design to assist the enemy. 
 
 Part of the cargo is for shipping, part not. 
 
 It would be hard to confiscate this ship and cargo, as 
 her destination to France was not certain. 
 
 I therefore decree this ship and cargo to be restored, and 
 security to be given by the owners to sell the cargo in 
 England ; and I pronounce just cause of seizure, and give 
 the captors costs. 
 
 Oct. 9. 1747. 
 
 The 
 Ebenezer. 
 * , ' 
 
 1747. 
 Oct. 9. 
 
 SANTA BOA VENTURA. 
 
 Master. 
 
 Pedko DOS Santos, 
 
 Santa Boa Ventura, Pedro dos Santos, Master; taken by 
 the PostUion, Privateer, John Morgan, Commander, 
 And brought to Topsham. 
 
 I am for the claimants. 
 
 ' As to growth or produce. Vide 
 anU, p. 49. 
 
 '^ As to discretionary destination. 
 Vide ante, p. 50. 
 
 SiNTA Boa 
 
 Veniuea. 
 
 * » 
 
 1747. 
 Dec. 12. 
 
 Contraband. — 
 Tar, ship 
 timber, rosin. — 
 Enemy's pro- 
 perty. — Voy- 
 age from port 
 to port of ene- 
 my. — Condem- 
 
 38. 
 
 But vide Twende Brodre, 4 Rob, 
 
138 
 
 CASES DETERMINED IN THE 
 
 Santa Boa 
 Ventuka. 
 
 1747. 
 
 Dec. 12. 
 
 nation of ship 
 timber and tar 
 as contraband, 
 and part of 
 rosin as ene- 
 my's property. 
 — Ship and re- 
 mainder of 
 rosin restored. 
 
 This is a Portuguese ship, laden with rosin and tar at 
 Bayonne, bound from thence to Nantz. 
 
 7th October, 1747, N. s. ; was taken in her passage to 
 Nantz, about 5 leagues from thence. 
 
 19th November, 1747, a claim was given by the master, 
 on behalf of Manuel Moreira de St. Paio, a Portuguese 
 merchant, at Lisbon, the sole owner of the ship, for the 
 ship and for all the merchandize, as being laden in a Por- 
 tuguese ship, and being also the property of the said St. 
 Paio, except some small ventures belonging to the captain 
 and some of the mariners. 
 
 She had on board a proper pass, dated 3rd July, 1745 
 since which time, to the capture, she has been on a trading 
 voyage for the account of the owner. 
 
 The bill of lading mentions the whole cargo to be 
 shipped by Mr. Betrie, for the account and risk of the 
 owner of the ship, Manuel Moreira de St. Paio. 
 
 The lading is consigned to the captain, paying freight 
 30 livres per ton, and 10 per cent, average. 
 
 And in the clearance, No. 5., it is said that Mr. Betrie 
 has shipped for his own account 50 thousand of rosin and 
 75 barrels of tar. 
 
 And the rest by commission, 
 
 N.B. The whole cargo consists of 450 casks of rosin, 
 25 hds. of tar, and 100 barrels of ditto. 
 
 The proctor for the captor in his act only prays the 
 goods to be condemned as contraband, and as property of 
 the enemy, but does not pray the ship to be condemned. 
 
 Nine mariners on board, 6 of them Portuguese, and 3 
 Spaniards. 
 
 To 6th Interrogatory, the master says he had no interest 
 
HIGH COURT OP ADMIRALTY. 139 
 
 in the cargo, but lie had a private venture on board, con- Santa Boa 
 sisting in heavy wood for halser holes of ships and sheaves , 
 for blocks and other uses; but the particular name of the 1747. 
 wood he cannot tell, but such wood was not ft for the fabrick ^°' ^' 
 
 of ships; that it was worth about 80Z. ; two barrels of 
 wine, worth above 17Z. ; and 4 sacks of liquorish root, worth 
 about 4:1. The mariners had on board upwards of 4000 
 weight of rosin, worth about 6^. 
 
 Ship's burthen about 90 tons. 
 
 8th Interrogatory. The voyage began at Lisbon, in July, 
 1745; sailed from thence in ballast to St. Uval, in Portu- 
 gal; there took in a lading of salt, for St. Paio's account, and 
 carried it to Gyon in Spain ; in September following he 
 went from thence, in ballast, to Port Lewis, and from 
 thence went to divers other places in France, Spain, and 
 Portugal, at which he took in and delivered various cargoes, 
 all for the account of his owner, St. Paio. His present 
 lading, consisting in rosin and tar, was laden at Bayonne, by 
 Mr. Betrie, agent for St. Paio, for whose account and risk 
 the said cargo was taken on board ; and if he had arrived 
 at Nantz, believes he should have found orders there where 
 he should have gone to next: he was all the aforesaid 
 time trading on St. Paio's account. 
 
 He signed two bills of lading for the cargo ; one was on 
 board, and the other he sent to St. Paio, both of the same 
 tenor : there was no charter-party. 
 
 No. 6. is the passport, dated the 3rd July, 1745, to go 
 from Lisbon to St. Uval, to take in salt, and carry it to 
 Viana, from thence to return to Lisbon with a lading of 
 pork, linen, and other goods. This pass to be in force 
 only for this voyage. 
 
 N.B. The ship went two or three times to Lagos, but 
 bas never returned to Lisbon. 
 
,]40 CASES DETERMINED IN THE 
 
 Santa Boa No. 7. A bill of sale of the ship. 
 
 .'^^'^^^-*-. No. 1. Bill of lading dated at Bayonne, 22nd April, 
 
 ,1747. 1747. 
 
 Dec. 12. 'S.'Q, That date must be wrong, for the ship did not 
 
 arrive at Bayonne till 2'5th August, 1747; and the master 
 swears the lading was taken in in September. 
 
 There is no question but that the ship is Portuguese, 
 but the dispute is whether the cargo of tar and rosin be not 
 contraband, and part of it French property. 
 
 Dr. Jenner, for the captor. 
 Admit this is a Portuguese ship. 
 
 Prom 1745 to this time has been trading from port to 
 port. 
 
 ' At Bayonne took in a lading of rosin and tar for Nantz ; 
 cargo consigned to the master paying freight. 
 
 Three of the crew Spaniards, who have some share in 
 the rosin. 
 
 We insist that all the tar is contraband, and not pro- 
 tected by the treaty with Portugal. 
 
 2nd. That part of the rosin is Mr. Betrie's, a French- 
 man. 
 
 Srdly. That the heavy wood is also contraband. 
 
 1689, The Pyed Crow, a Dutch ship upon freight from 
 one French port to another. 
 
 Held the goods were to be condemned, for that was not 
 within the treaty. 
 
 Dr. Smallbroke, same side. 
 • If contraband is free on board Portuguese ships, it will 
 be of dangerous consequence to this country. 
 
HIGH COURT OP ADMIRALTY. 
 
 Pee Curiam. 
 
 Portuguese ships have a right of trading to the enemy's 
 ports. 
 
 It is very seldom that Portuguese ships are trading upon 
 freight as carriers only. 
 
 "What is contraband in its own nature, is so on board all 
 ships. 
 
 Tar ' on board a Portugal ship is contraband, as well as 
 in a Swedish or Danish ship. 
 
 And it is equally contraband when carrying from one 
 French port to another, as when carrying from a foreign 
 country to France. 
 
 The heavy wood is of use in shipping, and comes under 
 the nature of contraband as part of the equipage of ships. 
 
 And the rosin cleared for Betrie's account, I must look 
 on as his property. 
 
 And therefore I condemn all the tar and the heavy 
 wood, and so much of the rosin as was cleared for Betrie's 
 account, and restore the ship and the rest of the rosin that 
 was for Portuguese account. 
 
 December 12th, 1747. 
 
 141 
 
 Santa Boa 
 
 VENinRA. 
 
 1747. 
 Dec. 12. 
 
 LE MARS. Hbndkick Visser, Master. 
 
 Le Maes. 
 
 1 '74Q 
 Le Mars, Hendrick Visser, Master ; taken by the Cum- Maicii 26. 
 berland, John Mauyer, Commander, and the Hope, John Contraband.— 
 Ahier, Commander, and brought to Guernsey. demncd.— ship 
 
 restored wiih- 
 out ireiglit. 
 
 I am for the captors. 
 
 ' Vide anti, p. 60. 
 
142 
 
 CASES DETERMINED IN THE 
 
 IiE Mars. 
 
 ' , 
 
 1748. 
 March 26. 
 
 This is a Swedish ship, took in a lading of coaU at 
 Amsterdam, proceeded therewith to Kochelle. 
 
 Went from thence in ballast to Sendre, and took In her 
 present lading consisting of salt, with which she was pro- 
 ceeding to Dunkirk. 
 
 25th August, ] 747, o. S., she was taken in the Bay of 
 Biscay. 
 
 The lading consists of 245 muids ^ of refined salt. 
 
 Eleven men including the master, all Swedish subjects, 
 but the mate, who is Dutch. 
 
 Burthen 240 tons, built in Finland. 
 
 The master and several others, all Swedes, are owners of 
 the ship. 
 
 And there was a bill of sale on board. 
 
 The ship was let to Mr. Theodore Isaac Schutten, mer- 
 chant at Amsterdam, by charter-party for eight months for 
 1080 florins per month, and 50 florins per month hat 
 money. 
 
 Mrs. Schellebeck and son, who live at Kochelle, were the 
 laders of the salt, which was to be delivered at Dunkirk or 
 elsewhere, to the orders of Mr. Theodore Isaac Schutten 
 of Amsterdam, who is the owner of it. 
 
 Signed three hills of lading, not colourable. 
 
 Ship was taken about ten leagues from Belle Isle, in the 
 Bay of Biscay. 
 
 N.B. The commissioner at Guernsey has certified that 
 the witnesses refused to sign their depositions because he 
 would not first give them copies thereof. 
 
 The charter-party is dated 20th June, 1 747, by which 
 it appears that this ship was entirely taken into the ser- 
 
 ' Mudde, a Dutch measure equal to 2f imperial bushels. 
 
HIGH COURT OF ADMIRALTY. 
 
 143 
 
 vice of Schutten, was to go on freight to whatever ports 
 he should direct, and that he was to have the freight so 
 carried, hut she was not to carry contraband goods. 
 
 No. 6. is a letter from Schutten, which shows the salt 
 to be his. 
 
 No. 7. is a certificate that Schellebeck and son have 
 made oath that she lades the salt by order of Schutten^ 
 and she knows not that any other person has any interest 
 in it. 
 
 No. 8. Bill of lading says for account and risk of 
 Schutten. 
 
 Le Mass. 
 
 1748. 
 March 26. 
 
 26th September, 1744. The master gave a claim for the 
 ship on his oath as being the property of himself and 
 others, all Swedes, and for freight, &c. 
 
 7th October, 1747. Abraham De Eeimer, of London, 
 gave a claim on his oath on behalf of Theodoras Isaac 
 Schutten of Amsterdam, merchant, for 245 muids of refined 
 salt, laden on board the Dutch ship Mars, as being the 
 sole property of said Schutten. 
 
 N.B. In De Reimer's affidavit she is also called a Dutch 
 ship. 
 
 On 17th October, 1747, Theodorus Isaac Schutten 
 made a very full affidavit at Amsterdam, which is exhi- 
 bited in the cause, that the salt was at seizure and now 
 is his sole property. 
 
 N.B. The ship is clearly Swedish, and the cargo Dutch 
 property ; but the question is, whether the salt is not con- 
 traband and to be confiscated going to a French port. 
 
 Salt was determined to be contraband in the case of the 
 Jonge Tobias, which is a case in every circumstance 
 parallel to this. 
 
144 
 
 Le Mars. 
 
 1748. 
 March 26. 
 
 CASES DETERMINED IN THE 
 
 jDr. Simpson, for the claimers of the cargo. 
 
 The claimer did not think he was doing anything wrong 
 for in the charter-party he stipulated that no contraband 
 goods should be laden on board. 
 
 Salt is promiscui usus, and therefore not contraband. 
 
 Pray the Court to reconsider the case of the Jonge 
 ^ohias. 
 
 Apprehend a Dutchman may trade in any goods that 
 are not declared by treaty of 1674 to be contraband. 
 
 Dr. Pinfold, same side. 
 
 Pee Curiam. 
 
 This is exactly the same case as the Jonge Tobias. 
 
 Salt was then determined to be contraband, and I 
 think the same now. 
 
 And being on board a Swedish ship is not privileged 
 as it would have been on board a Dutch ship. 
 
 I must take this Dutchman to be in the same case as 
 if he was a Swede. 
 
 I therefore give the same decree as I did in the case 
 of the Jonge Tobias, and pronounce the salt to be con- 
 traband and condemn it as such, but restore the ship 
 without freight. 
 
 March 26. 1748. 
 
 I'itOTIDENTIA. 
 
 1748. 
 
 March 26. 
 
 DE PROVIDENTI A. Hans Loebns Fester, Master. 
 
 De Providentia, Hans Lorens Fester, Master ; taken by 
 the Hawk, Thomas Holman, Commander. 
 
HIGH COURT OF ADMIRALTY. I45 
 
 I am for the captor. Db 
 
 Taken 7th November, 1747, at sea, oflf Cape Antifer, ^^o^"*^""^ - 
 
 in France. Is a Danish ship, the property of Gierdt Jacob 1748. 
 
 and Anders Dischington, of North Berffen, in Norway. '"^^"'^^ ^®" 
 
 T-i- 1 , . 1 , _ , . ^_ . , Contraband. — 
 
 ±jight manners and a supercargo named Lydoig Henrick Pitch, tar, 
 
 Kennemand, besides the master, were on board, all Danes concSe^d!— °" 
 
 but the supercargo, who is an Hanoverian, but hath re- Colouiable 
 
 •J J ^ -n o rr. papers. — Pro- 
 
 Sided at isergen for niteen years. perty of same 
 
 Burthen, 80 tons. Was built at Hull. Taken by the "rde^^^!'- 
 
 French. She saUed from Bergen to Stockholm with her- Ship restored. 
 , - ° — Freight re- 
 
 rmgs and cod. fused. 
 
 There took in part of her present cargo for France, and 
 then was to have got a freight for Lisbon, and then taken 
 in a lading of salt, and returned to Bergen. 
 
 Her present lading was taken in at Stockholm and Cal- 
 mar, which consisted of 378^ barrels of tar, 14 barrels of 
 pitch, 48 dozen of deals, and about 100 broad paving 
 stones. 
 
 She was laded by Lydoig Kennemand, the supercargo, 
 who had 283J barrels of tar, 8 barrels of pitch, and 29 
 dozen of deals ; and by G ierdt Dischington, who is one of the 
 owners of the ship, and who had ^Q barrels of tar, 6 barrels 
 of pitch, and 14 dozen of deals ; and by Benjamin Angell, 
 who had 29 barrels of tar and 5 dozen of deals ; and who 
 ^re all Danes and merchants at Bergen, and are the own- 
 ers thereof. 
 
 18 barrels of tar and 100 paving stones belong to the 
 master, and 1 8 barrels of tar to the mate. 
 
 With this lading she was bound to Havre de Grace, 
 where it was to be sold on account of the said owners, or 
 at some other port in France. 
 
 Three bills of lading were signed, made out for Lisbon, 
 
146 CASES DETERMINED IN THE 
 
 Db which were colourable, with design to secure the lading 
 
 Providentia. 
 
 against the English. 
 
 1748. There is a charter-party. 
 
 March 26. 
 
 This ship was unlivered, and six cannon (1-pounders), 
 with new carriages, were found concealed in the hold, under 
 the lading. 
 
 The master has sworn that these guns were for the ship's 
 use, and were not to be sold. 
 
 7th Dec. 1747. The master claimed the ship and cargo 
 as being all Danish property. 
 
 Ludewig Hendrick Kenneman has sworn to his property 
 in 29 dozen of deal boards. 
 
 Dr. Paul, for the claimers. 
 
 A smaU quantity of deals and the cannons ought to be 
 restored. 
 
 The ships not condemned in several cases. 
 
 Christiana Margaretta, 1702, laden with contraband ; 
 ship restored. 
 
 1693. Concordia, laden with wheat and deals ; the deals 
 restored ; affirmed by the Lords. 
 
 15th March. Elizabeth, laden with deals and spars ; ship 
 restored. 
 
 The Jacob, eleven barrels of powder ; held to be for the 
 ship's use, though found in the hold. 
 
 Dr. Hay, same side. 
 
 Very small quantity of deals ; the paving stones cannot 
 be for ballast. 
 
 Per Curiam. 
 
 No difficulty in this case. 
 
HIGH COURT OF ADMIRALTY. 
 
 147 
 
 No doubt of the pitch' and tar being contraband. 
 
 The deals were put on board by the owners of the pitch 
 and tar, and must be considered as contraband, being 
 blended therewith, and belonging to the same ^ persons. 
 
 The cannon must be deemed to be for merchandize, and 
 therefore I condemn all the cargo and the cannons, but 
 restore the ship and the paving stones, which were for 
 ballast, but without freight. 
 
 March 26. 1748. 
 
 De 
 Peovidbntia. 
 
 « . — ^ 
 
 1748. 
 March 26 
 
 DE PRINTZ CHRISTIAN. Jan Andries Simon- 
 SON, Master. 
 
 De Printz Christian, Jan Andries Simonson, Master; 
 taken by the CuUoden, Boxell, Commander, and brought 
 to the Downs. 
 
 I am for the captors. 
 
 22nd July, 1747, N. s., she was taken between Dover 
 and Calais. 
 
 Burthen, 240 tons, thirteen men. 
 
 Lading, 358 pieces of fir baulks, 1200 pipe staves ^ 420 
 clapboards S 3| fathoms of split wood, and 3 casks of gun- 
 powder, containing 3 cwt., which were shipped by Flootz 
 and Dirksen, who live at Riga. 
 
 Except the gunpowder, which was for the ship's use, 
 and was shipped at Elsineur, the ship and cargo are the 
 
 De Pkintz 
 Chbistian. 
 
 1748. 
 March 31. 
 
 Contraband. — 
 Ship timber. — 
 Presumption 
 
 destination.' — 
 Ship and cargo 
 restored. — Just 
 cause of seizure. 
 — Captors' ex- 
 penses allowed. 
 
 Pitch and tar, vide anti, p. 60. 
 Vide ante, p. 74. 
 
 Vide p. 95. 
 Id. 
 
 L 2 
 
148 
 
 De Peintz 
 Christian. 
 t ^ J 
 
 1748. 
 March 31. 
 
 CASES DETERMINED EST THE 
 
 property of the master and others, Danish subjects, living 
 at Flensburgh. 
 
 One bill of lading for the cargo, not colourable. 
 
 No charter-party. 
 
 The goods were to be sold at Dublin or elsewhere in 
 Ireland, where he could get a good market. 
 
 Jan Boyser, the mate, says, the bill of lading is false, 
 because the goods are mentioned therein to be shipped at 
 Flensburgh in Denmark, whereas they were put on board 
 at Riga. 
 
 Also says that his journal, marked A., is false, in regard 
 to the place of lading, and which he did so by the direction 
 of the master. 
 
 Ship Papers. 
 
 No. 1. Bill of lading, dated at Flensburgh, June 12. 1747, 
 in which the master acknowledges to have received on board 
 his ship, then lying ready at Flensburgh to sail for Ireland, 
 where his place of unloading shall be, of Jans Iveson Loyt, 
 340 baulks, 72 shocks' clapboard, and 32 dozen pipestaves, 
 to sell the same in Ireland, being for the account of the 
 owners of the ship ; and therefore pay no freight. 
 
 20. is a pass to go to Ireland. 
 
 28th August, 1747. The master, on his oath, claimed 
 the ship and cargo as being the sole property of himself 
 and others, Danish subjects, and claimed costs and da- 
 mages, &c. 
 
 18th August, 1747. The owners made oath of their 
 
 ' Vide p. 95. 
 
HIGH COURT OF ADMIRALTY. 149 
 
 property in ship and cargo at Flensburgh, and that she Db Pbintz 
 
 •1 ^ T 1 J Christian. 
 was to sail to Ireland. 
 
 <^ 
 
 16th March, 1747. Henry Elhers, their agent, made 
 affidavit that the Commissioners of the Customs had ad- 
 mitted the cargo to be landed. 
 
 N.B. The ship and cargo were delivered to the claimers 
 on bail. 
 
 The ship and cargo clearly appear to be Danish pro- 
 perty, but the question is, whether the cargo would not 
 be contraband, if going to France, and whether it can be 
 supposed she was going to Ireland, when by 12 Car. 2. 
 c. 18. sect. 8. she and her goods would have been forfeited, 
 as she is a Danish ship, and was laden at Eiga. 
 
 This is exactly the same question as in the case of De 
 Twee Trarans. 
 
 In this case the Court restored the ship and cargo, and 
 pronounced just cause of seizure, and gave the privateer 
 his expenses. 
 
 March 31. 1748. 
 
 1748. 
 March 31. 
 
 DE VEKGULDE PUT. Ysbrant Cobnelis, Master. De Vekgtjlde 
 
 Put. 
 
 De Vergulde Put, Ysbrant Cornelis, Master ; taken by I'^.f^. 
 
 1 T% April 30. 
 
 the Eagle, Bazeley, Commander, and brought to Dover. ^^^^ ^ 
 
 Suspicion of. — 
 I am for the captor. ^S -d'^' 
 
 Dutch ship, the property of Olphert Pet, Jan Van cargo restored, 
 
 L 3 
 
150 CASES DETERMINED IN THE 
 
 Db Veeghlde Volenhoven, Jacob De Flines, and Ysbrant Cornells, all 
 
 Pdt. 
 
 Dutch subjects. 
 
 1748. Taken 25th August, 1747, N. s., at sea, about eight 
 
 April 30. leagues from Flushing, where she was first carried, and 
 — Just cause of , , _^ 
 
 seizure.— Cap- then brought to Dover. 
 
 altowed^™^^^ Six mariners and a boy, and fourteen or fifteen pas- 
 sengers. 
 
 Built at Saardam, in Holland. 
 
 Burthen 50 lasts. 
 
 Laden at Amsterdam with cocoa, oil, pepper, cloves, cin- 
 namon, sugar, tobacco pipes, wax, earthenware, tobacco, 
 linen, snuff, linseed, cheeses, and other goods. 
 
 Sailed from Amsterdam on 22nd August, 1747, N. s., 
 bound to Bayonne, where the voyage was to have ended. 
 
 Had no charter-party, but was proceeding on freight as 
 a general ship. 
 
 The master says he does not know the laders or owners 
 of the goods, or to whom consigned, except by his mani- 
 fest and bills of lading, and except some tobacco pipes, 
 which belonged to himself. 
 
 146 bills of lading were signed for the goods, not colour- 
 able, and none of different tenor. 
 
 Forty-seven on board. 
 
 Had a common Dutch pass on board, dated 11th Au- 
 gust, 1747. 
 
 A Turk's pass, clearances, a manifest, and all the proper 
 and necessary papers. 
 
 Among the ship's papers there is one marked B., which 
 is a petition from the master to the Admiralty of Amster- 
 dam, representing that having received on board lead, shot, 
 &c., and finding the said goods to be now prohibited by 
 the Placaart ' of their High Mightinesses, the bills of lading 
 
 ' Plakkaart, an edict or proclamation. 
 
HIGH COURT OF ADMIRALTY. 151 
 
 thereof being signed already by him, he might have leave, Db Veeguldb 
 in order to fulfil his engagement, to export the same for ^' 
 
 Bayonne. 1748. 
 
 The Admiralty refused to grant this request, and there ■^'^'^'^ ^^• 
 are several receipts from the owners of these goods, that 
 they have been unladed, and delivered back to them. 
 
 But the same owners have laden on board several casks 
 of merchandizes, which are suspected to be the same con- 
 traband goods concealed. 
 
 N.B. The witnesses in preparatory were not examined 
 till 12th October. 
 
 17th November, 1747. The master gave in a claim on 
 oath for the ship, as being the property of Olphert Pet 
 and others, Dutch subjects, and for the goods, as being 
 laden in a Dutch ship, and for demurrage, damages, and 
 expenses. 
 
 Dr. Simpson, for the captors. 
 
 Dr. Paul, for the claimers. 
 
 A Dutch ship, laden with various goods on freight. 
 
 Bound to Bayonne. 
 
 With all proper and necessary documents. 
 
 Had taken contraband on board, but the Admiralty 
 would not allow him to caxry it, and so they were delivered 
 out. 
 
 A ship of great value; has been detained ever since 
 August. 
 
 No part contraband, and therefore we are entitled to 
 restitution, with costs and damages. 
 
 i 4 
 
152 CASES DETERMINED IN THE 
 
 De VEBGnLBE Dr. Jenner, same side. 
 Put. 
 
 _ We rely on Treaty 1674, > 
 
 1748. The contraband were delivered back, and receipts given 
 
 April 30. for them. 
 
 Clearances and bills of lading for every parcel of goods 
 on board, and a manifest. 
 
 The cocquets show there were no contraband goods. 
 
 Dr. Simpson, for captors. 
 
 Tobacco on board cannot go to France but for the use 
 of the farmers general. 
 
 Dr. Paul, for the claimers. 
 
 A Dutch ship, with every proper document. 
 
 Did imprudently take contraband goods on board. 
 
 All landed again. 
 
 Santa Rosa, taken coming home ' ; restored, though she 
 had carried contraband. 
 
 Cocquets' only necessary when going into an enemy's 
 port. 
 
 Pray costs and damages. 
 
 Dr. Jenner, same side. 
 
 Should have dismissed this ship on showing passport. 
 
 They admit it to be Dutch property. 
 
 Pee Curiam. 
 
 The captors might have been forced by the claimers to 
 have proceeded to adjudication sooner. 
 
 • Vide anti, p. 128. ' Custom-house warrant given on 
 
 ' Ship on return voyage not gene- entry of goods for exportation in 
 rally liable. Imina, 3 Eob. 168. evidence of their having paid duties 
 But if sailed on outward voyage or being duty free, 
 under false papers, liability to con- 
 fiscation continues. Christianberg, 
 6 Kob. 381. i Stewart, 47. 
 
HIGH COURT OP ADMIRALTY. I53 
 
 Appears to be a Dutch ship. Be Vehgtjldb 
 
 Some of the laders endeavoured to have carried contra- . "J ' , 
 
 band, and would have done it, as appears by his petition, 1748. 
 on board, if he had not been in danger of forfeiture by ^" "■ 
 
 virtue of the placaart. 
 
 This fact gives suspicion that there may be still contra- 
 band goods on board. 
 
 Especially since the same laders have goods on board 
 under the general description of merchandizes. 
 
 This, I think, gives good ground of suspicion to the 
 captors, and will justify the seizure. 
 
 I therefore restore ship and cargo, and pronounce just 
 cause of seizure, and give expenses to the captors. 
 
 April 30. 1748. 
 
 BRIGITTA CATRINA. Jan Anderson, Master. Beigitta 
 
 Catrdja. 
 
 Brigitta Catrina, Jan Anderson, Master; taken by the 1748. 
 
 Winchelsea man-of-war, Henry Dy ve, Esq., Commander. "^^ ^^' 
 
 Contraband. — 
 Ship timber. — 
 
 I am for the captors. ^:T^:L. 
 
 try. — Notifica- 
 tiou.— Equip-. 
 
 Dr. Simpson, for claimers. age. — Cargo 
 
 A Danish ship, built at Arundall. SMp^tored" 
 
 Taken 6th May, 1748, N.s. without freight. 
 
 Seven mariners, all Norwegians. 
 
 The master owner in half of the ship, and had some 
 deals on board of twelve and double twelve ells. 
 Laden with balks, timber, and deals. 
 
154 CASES DETERMINED IN THE 
 
 Brigmta Bound from Arundel to St. Martin's, on freight, or dse- 
 
 . Catbina. ^tere in France. 
 1748. Burthen 42 tons. 
 
 June 28. Lading — 32 dozen and 8 pieces of short balks, 
 
 300 double boards, 
 10 double, 
 24 single, 
 1000 staves, 
 
 8 pieces of long balks. 
 Hans Jacobsen, of Arundel, the owner and lader of 
 cargo. 
 
 Jan Petersen, the master, and Elizabeth Tyge Peder- 
 son, are owners of the ship. 
 No charter-party. 
 
 Dr. Paul, for the captors. 
 
 Dr. Simpson, for claimers. 
 
 The officers of customs in Denmark would not have 
 cleared out this cargo for France if they had thought them 
 contraband ; 
 
 Nothing is contraband by the laws of nations but wha^l 
 is apta per se bello. 
 
 This cargo is not equipage for shipping. 
 
 Dr. Jetiner, same side. 
 
 Argument on the other side founded on a petitio prindpiu 
 Elizabeth very diflferent from this case. 
 Not adapted for building of ships, nor by presumption 
 of law is to be deemed to be for shipping. 
 Quantity material. 
 In all the cases where the Court has condemned timber 
 
HIGH COURT or ADMIRALTY. 155 
 
 as contraband^ there have been affidavits of the dimensions Bkighia 
 to show they were nt tor shipping. . 
 
 Fortune de la Mer^, cargo of timber all restored. 
 Do not build ships at St. Martin's. 
 If it is not within the letter of the King's Instructions, 
 it is not to be taken to be within the meaning. 
 
 Contraband is to be judged by the animus of the lader. 
 
 Per Curiam. 
 
 Ship and cargo Danish. 
 
 The Court has determined cases similar to this in many 
 instances. 
 
 This cargo is the growth of Denmark, but they might 
 have sold it to neuter nations. 
 
 They have markets enough besides France. 
 
 These spars and balks are of a considerable length, and 
 are useful for shipping. 
 
 And as such are to be deemed contraband. 
 
 The general word equipage for sea will comprehend 
 these goods. 
 
 No doubt but there has been a notification to Denmark 
 that timber is contraband.^ 
 
 I condemn the cargo, and restore the ship without 
 freight. 
 
 June 28. 1748. 
 
 ' Vide ante, p. 33. ' Vide ante, p. 49. 
 
 Bang's Instructions do not extend to this case. 1748. 
 
 June 28. 
 
156 CASES DETERMINED IN THE 
 
 De Veouw j)^ VEOUW ALIDA. Albert De Rtjtteb, Master. 
 
 Alida. 
 
 lowed. 
 
 1748. De Vrouw Alida, Albert De Euyter, Master; taken by 
 
 July 5. ^jjg Warren, Thomas Stewart, Master, and brought to 
 
 Contraband 
 
 Dutch Treaty. Dover. 
 — ^Foreign mu- 
 nicipal law.— T r xt, i. 
 Pleading.— 1 am tor the captors. 
 
 SZfca;^ This ship was taken 26th July, 1747, N.S., between 
 
 restored.— Just Dover and Calais. 
 
 cause of seizure. . 
 
 -Expenses al- Is a Dutch ship, belongmg to Amsterdam, where she 
 
 was laded, and consigned to merchants at St. Croix, in 
 
 Teneriffe. 
 
 Proceeding thither when taken. 
 
 Among other goods she had on board ; — 
 
 63 cables or ropes; 10 grapling or small anchors; 24 
 cables ; 200 planks, for shipping, 10 or 12 feet long, and 
 10 or 12 inches broad, and about 2 inches thick ; 84 chests 
 of flax, and several bales, chests, barrels, and packs of 
 goods. 
 
 All these goods were shipped at Amsterdam by Messrs. 
 Blote and Knibb, who are the owners of the ship. 
 
 The bills of lading bear date in June, 1747, and the 
 Dutch pass is dated 15 th of said June, No. 7. 
 
 By the Dutch placaart, dated 7th July, 1747, it is or- 
 dained, that it shall not be lawful to export out of their 
 country timber for buildivg of ships, hemp, ropes, anchors, 
 &Cr, under penalty of forfeiting said species, and twice the 
 value thereof ; and on 31st August, 1747, this placaart was 
 more fully explained. 
 
 The ship sailed from Amsterdam 24th July, N. s. 
 
 Navigated by ten mariners, all neuters. 
 
HIGH COURT OP ADMIRALTY. 157 
 
 Between 40 and 50 lasts burthen. De Vrovw 
 
 New England built. . ^"°^- 
 
 Bills of lading not colourable. 1748. 
 
 No charter-party. "^"'^ ^• 
 
 Shifts Papers: — 
 
 No. 12. A clearance for the cables, dated 5th June, 1747, 
 No. 13. Ditto; 
 but I see no clearance for the planks or the anchors. 
 
 5th August, 1747, 
 
 Albert de Euyter, the master, claimed the ship on be- 
 half of Messrs. Blote and Knibb, of Amsterdam, and the 
 cargo, as laden in a Dutch ship. 
 
 In the affidavit annexed to it, he swears that Captain 
 Stewart never inspected the ship's papers till after he had 
 put her under sail for Dover, 
 
 Notwithstanding the cargo was claimed under the privi- 
 lege of the ship, Messrs. Blote and Knibb made affidavit, 
 dated 11th August, 1747, that the ship is their property, 
 and the greatest part of the cargo, and have annexed a list 
 of their goods. 
 
 The bill of sale of the ship to Blote and Knibb dated 
 20th April, 1747. 
 
 An attestation of Thomas Jacob Teyler, that part of the 
 cargo is his property, dated 10th August, 1747. 
 
 12th October, 1747. The master and two others made 
 oath, that the ten pieces of grapling mentioned in the 
 examinations, are nothing but small anchors of about lOOlb. 
 each, fit for small boats in fishery. 
 
158 CASES DETERMINED IN THE 
 
 De "Vkouw N.B. The placaarts are the only foundation on which 
 ^ Alida. ^jjjg capture can be pretended to be justified. 
 
 J11I7 5. j)j.^ Pinfold, for the claimers. 
 
 1 0th July, the ship was cleared at the Texel. 
 
 They will show how the English come to have a right 
 of seizing this ship, supposing she was offending against 
 the Dutch placaarts. 
 
 Dr. Jenner, same side. 
 
 Dates material in this case; 
 
 In June, 1747, the lading taken in. 
 
 Sailed from Amsterdam on 5th July, arrived in the 
 Texel the 8th. 
 
 Detained there by contrary winds till the 24th July, 
 then sailed, and was taken on the 26th July, 1747, n.s. 
 
 Passports for all the lading. 
 
 Pray costs and damages. 
 
 Dr. Simpson, for the captors. 
 
 They have no cocquets' or invoices for these contraband 
 goods, and therefore under the treaty are liable to seizure. 
 
 Dr. I^nfold, for the claimers. 
 
 Question, whether these goods are confiscable ; by the 
 treaty they are not. 
 
 This Court cannot take notice of the placaart. 
 
 Dr. Jenner, same side. 
 
 In what light can the placaart stand before this Court ? 
 
 We have denied that any such placaart was published. 
 
 ' Vide antS, p. 152. 
 
HIGH COURT OF ADMIRALTY. 15g 
 
 If it could have been taken notice of here, it would have De Vkouw 
 been published in the Gazette. , Alida. 
 
 The Eendraght went to Martinico, but held, this Court 1748. 
 could not take notice of his having acted contrary to the ^^y ^^ 
 laws of his country. 
 
 These goods are not prohibited, but allowed, by the 
 treaty, and therefore cannot be condemned. 
 
 It was the privateer's duty to have let her go on showing 
 her pass. 
 
 Taken on the high seas, therefore did not want a clear- 
 ance. 
 
 Dr. Simpson. 
 
 The placaart' is a suspension of the treaty as to the law- 
 fulness of carrying these goods, and then by the general 
 law they are contraband, and therefore are legitima ■prmda 
 belli. 
 
 Per CuEiAM. 
 
 The goods the captors pray to be condemned are not 
 mentioned in any clearances. 
 
 The captors have offered to carry this ship to be adjudged 
 by the laws of Holland, 
 
 I think it is a reasonable offer, and desire to know whe- 
 ther the claimers will accept it. 
 
 There is before the Court no authentic placaart, nor 
 evidence when it was published. 
 
 It will therefore be proper to plead the placaart, and the 
 time when it was published. 
 
 The Court accordingly gave time to plead it, and ordered 
 the captors' offer, viz., to carry the ship to Holland to be 
 
 ' Vide Story, practice, pp. 20. 116. 
 
160 
 
 CASES DETERMINED IN THE 
 
 Db Vkouw 
 Alida. 
 
 1748, 
 July 5. 
 
 adjudged there, should be set down in the minutes of the 
 Court. 
 Dec. 17th, 1747. 
 
 N.B. The captors have not pleaded the placaarts, but 
 the claimers have given in aflSdavits, to show the ship's 
 papers were falsely translated ; that there were not cables 
 and large anchors on board; and they have exhibited a 
 declaration of the States that this cargo is not within the 
 placaarts.. 
 
 So the only question now is, whether the captors shall 
 not have just cause of seizure and expenses. 
 
 Upon these new proofs and state of the case, the Court 
 restored the ship and cargo, but pronounced just cause of 
 seizure and expenses. 
 
 July 5th, 1748. 
 
 Maegareta 
 Elizabeth. 
 
 1748. 
 July 7. 
 
 Contraband 
 
 Beer. — Con- 
 demned. — Ship 
 and rest of 
 goods restored. 
 
 MARGAEETA ELIZABETH. 
 
 Master. 
 
 Rasmus Soeensen, 
 
 Margareta Elizabeth, Rasmus Sorensen, Master; taken 
 by the Centurion, Robert Hoskyns, Commander, and 
 brought to Dover. 
 
 I am for the captors. 
 
 Taken 29th April, 1748, N. 8., in Mid-Channel between 
 Dover and Calais. 
 
 Danish ship. Madame Fabritius Just, Van Hermest 
 M. Wever, and M. Just Fabritius, sole owners of the 
 ship, live at Copenhagen, and are subjects of Denmark. 
 
HIGH COURT OF ADMIRALTY. 161 
 
 A copy of the bill of sale on board. Margaeeta 
 
 Built at Lubeck. JIlizabbth. 
 
 Burthen 49 commerce lasts. 1748. 
 
 Eight mariners and one boy, all Swedes and Danes, July 7. 
 but one Bremener came on board at Copenhagen and Ams- 
 terdam. 
 
 Bound from Amsterdam to Eochelle. 
 
 Lading, beer, and other goods on freight. 
 
 Master says the goods were to be delivered at Eochelle 
 for Holland's account, as he believes, but does not know 
 who were the laders or owners otherwise than by his 
 bills of lading and attestation, and manifest. 
 
 18. Bills of lading signed not colourable; none of a dif- 
 ferent tenor from those on board, which are six. 
 
 No charter-party. 
 
 The mate says the lading was about 200 hogsheads of 
 beer, bales of pepj^er, bales of paper, and other casks, 
 bales, and parcels of goods. 
 
 Only two of the six bills of lading say for whose 
 account and risk the goods are. 
 
 N. B. There are on board affidavits of the Dutch laders', 
 that the goods shipped are their property. 
 
 She plainly appears to be a Danish ship, and has all her 
 proper papers on board. 
 
 28 th April, 1748, the master claimed the ship as being 
 the property of Fabrltius and otliers, all Danes, and claimed 
 the goods as belonging to subjects of the States-General 
 and other neuters, and claimed costs and damages. 
 
 ' Vide Juno, 2 Kob. 122. 
 M 
 
162 CASES DETERMINED IN THE 
 
 Maegarbta N. B. At the time the ship was taken there was war 
 . ' ", between France and Holland, and therefore the privateer 
 
 1748. had reason to believe the goods did not belong to Diitch- 
 ^ ' ■ men, which will justify the seizure. 
 
 2hdl7. Beer in a Danish ship is contraband^ and we 
 pray it to be condemned. 
 
 Dr. Simpson j for claimers. 
 Cleared at the custom-house at Rotterdam. 
 Every paper clear on board. 
 
 Affidavits of property in the goods made by the Dutch 
 owners, and on board. 
 
 Danish ships by the French treaties make free goods. 
 
 Brought in perhaps on a notion that beer is contraband. 
 
 If it is condemned, that is a full satisfaction. 
 
 No right to expenses. 
 
 Shall not controvert whether beer is contraband or not. 
 
 It rather seems to be for luxury. 
 
 Dr. Jenner, same side. 
 
 For the goods in the bills of lading, which do not say for 
 whose account and risk there are attestations and clear- 
 ances, which show the magistrates have approved the trade. 
 
 Beer not contraband. 
 
 First, by law of nations. 
 
 Secondly, by determinations. 
 
 Eendraght, Prussian ship, 40 hogsheads of beer, 300 
 cheeses, held not to be contraband. 
 
 All the papers fair. 
 
 Per Curiam: 
 
 Danish ship taken while there were reprisals and hosti- 
 lities between Holland and France. 
 
HiGil COtlftT bl? ADMIRALTY. 
 
 1S3 
 
 About 200 hogsheads of beer on board. 
 
 In Eendraght a small quantity of beer not considered as 
 contrabfiild ' ; but surely beer is in its nature coiitraband, as 
 being a spfecifes of provision.'^ 
 
 The licence from the States is general, to let pass the 
 ship with her goods. 
 
 It has been properly urged that the Customs must allow 
 the exportation of all goods not prohibited by the municipal 
 laws ; and therefore I condemn the beer as contraband, and 
 pronounce just cause of seizure and expenses, and decree 
 the beer to be valued and taken in as part of the expenses, 
 and decree the ship and the rest of the goods to be re- 
 stored. 
 
 July 7. 1748. 
 
 Margaeeta 
 Elizabeth. 
 
 1748. 
 July 7. 
 
 DE DAAGAKAAD. 
 
 Martin Speewien, Master. 
 
 De Daagaraad, Martin Sperwien, Master; taken by the 
 Endeavour Privateer, Robert Cronsenall, Commander. 
 
 I am for the claimers. 
 
 Taken 15th March, 1747-8, o. S., about 4 leagues from 
 Kye, and carried thither. 
 
 She is a Prussian ship, the sole property of Sieuwerdt 
 Luiewes, a Dutchman by birth, but resides with his family 
 at Koningsburgh. 
 
 Daagakaad, 
 " , ' 
 
 1748. 
 
 Oct. 18. 
 
 Contraband. — 
 Dutch property 
 in foreign ship. 
 — Small quan- 
 tity. — Ship and 
 goods restored. 
 . — Just cause of 
 seizure, and ex- 
 penses allowed. 
 
 ' Vide ante. 
 
 ' 3 March, 1747. Juffrow Magda- 
 Una; beer restored as an article of 
 
 luxury, cited in Jonge Margaretha, 
 1 Kob. 190. 
 
 M 2 
 
164 CASES DETERMINED IN THE 
 
 De a bill of sale, of the ship on board, dated 29th April, 
 
 DaAGAUAAD. -iitao 
 
 1 748. The master, four mariners, and two passengers on board ; 
 
 Oct. 18. all Prussians except the passengers, who are Hollanders. 
 
 Burthen 110 tons, rebuilt at Koningsburgh. 
 
 She sailed from Koningsburgh to Rotterdam, laden 
 with flax, seed, and potaslies. 
 
 At the time she was taken was bound from Rotterdam to 
 Bayonne. 
 
 The voyage began at Koningsburgh, and was to have 
 ended there. 
 
 All the goods on board at the time she was taken were 
 laden at Rotterdam. 
 
 Consist of 1400 cheeses, 22 chests of earthenware, 10 
 chests of pipes, ten bales of pepper, 15 barrels of red 
 herrings, two bales of stockings, and one box of clothes, 
 and no other goods. 
 
 Cornelius Dubbledemuss, a merchant at Rotterdam, was 
 the sole lader of all the said goods. 
 
 But the master swears he knows not what countryman 
 he is, nor can he set forth who is the owner of the said 
 goods. They were to be delivered at Bayonne, but for 
 whose account or to whom he cannot depose. 
 
 Three bills of lading signed, all of the same tenor ; none 
 colourable ; one bill only on board. 
 
 No charter-party. 
 
 Ship's Papers. 
 
 No. 1. Bill of lading for the whole cargo, laden at 
 Rotterdam by Dubbledemuss for his own account and risk, 
 to be delivered at Bayonne to the bearer of the bill or to 
 his factor or deputy. Dated at Rotterdam, 23rd March, 
 1748. 
 
HIGH COURT OP ADMIRALTY. 
 
 No. 2. Certificate that Luiewes had sworn the ship ia 
 his sole property ; dated 29th April, 1743. 
 
 No. 3. Builder's certificate that the ship is Prussian 
 built, dated 22nd April, 1743. 
 
 No. 12. Certificate of the Admiralty. 
 
 No. 8. Afiidavit of Dubbledemuss, the lader, that the 
 whole cargo is laded for his own account and for that of 
 his consorts, likewise burghers and merchants of Rotterdam, 
 and recites the particulars of the cargo agreeable to the 
 bill of lading, dated at Rotterdam, 23rd March, 1748. 
 
 No. 11. Clearances at Rotterdam of the cargo. 
 
 No. 12. Luiewes' declaration on oath that the ship is 
 his sole property, dated 20th April, 1747. 
 
 165 
 
 Daagakaad. 
 
 1748. 
 Oct. 18. 
 
 4th April, 1748, the master claimed on oath the ship as 
 being the sole property of Siewerdt Luiewes, an inhabitant 
 of Koningsburgh and a subject of Prussia, and claimed all 
 the cargo as being the sole property of Cornelius Dubble- 
 demuss, a merchant of Rotterdam, and a subject of the 
 States-General, and claimed costs, damages, and expenses. 
 
 7th June, 1748, N. s., at Rotterdam, Cornelius Dub- 
 bledemuss made affidavit that in March he shipped for his 
 own account all the goods on board, and that he was and 
 is the sole owner of them, and that no enemy of the Crown 
 of Great Britain had at the time of the capture of the 
 ship, or now hath, any interest in the said goods or any 
 part thereof, directly or indirectly : this is exhibited. 
 
 N. B. The captor by his act insists, first, that the cheeses 
 and red herrings are contraband, and ought to be con- 
 demned. 
 
 But if they are not condemned, that. 
 
 M 3 
 
166 CASES DETERMINED IN THE 
 
 Secondly, there was just cause of seizure. 
 Daaoaraad. 
 
 1748. Dr. Hay, for captors. 
 
 Pepper, herrings, and cheeses are provisions ', and con- 
 traband. 
 
 N. B. Cheeses in the case of the Eendraght"^, held not 
 to be contraband. 
 
 Pee Curiam : 
 
 The pass of the Admiralty of Koningsburgh is a suf- 
 ficient pass. 
 
 Dutchmen' may carry provisions in their own ships, but 
 this cargo is of small value, and I restore the ship and 
 goods, and pronounce just cause of seizure and expenses. 
 
 Oct. 18th, 1748. 
 
 The the ST. JOHANNES.* Diek Nielson, Master. 
 
 St. Johannes. 
 
 TyTo The St. Johannes, Dirk Nielson, Master ; taken by four 
 
 armed Cutters, under the command of Commodore 
 Townsend. 
 
 Pot-ashes. _ J ^^ for tijg captors. 
 
 Same owner. — '■ 
 
 Cargo con- Danish ship, the property of persons inhabiting at North 
 
 demned. — Ship ._ 
 
 restored. Bergen. 
 
 Taken 1st of May, 1748, o. s., off Ostend ; first carried 
 
 to Flushing, then brought to Dover. 
 
 ' As to provisions, vide anti p. 93. * Cited in the Jonge Margaretha, 
 
 » Eendragt, cited 1 Rob. 190. 1 Rob. 193. 
 
 ' Vide Dutch Treaty, ante, p. ISS" 
 
HIGH COURT OF ADMIRALTY. 167 
 
 Bound from Bergen to Dunkirk under Danish colours. The 
 
 Twelve mariners, including the master, two boys and ,^l_^^ff^^' 
 one passenger on board, all Danes. 1748. 
 
 None of them any interest in the ship or goods, except ^"^ 
 
 the master, who had lOi barrels of fish rows, and 10 or 11 
 barrels of cod-fish, and a box of candles, which belonged 
 to the passenger. 
 
 Ship built at Lubeck, 35 lasts. 
 
 Her voyage was from Bergen to Dunkirk, from thence 
 in ballast to St. Martins, and then back to Bergen and to 
 no other places. 
 
 Lading — rice, potashes, white soap, green soap, French 
 brandy, salt, herrings, cod-fish, salt-fish, dry fish, and 
 fir-deals, and no other goods, with which she was pro- 
 ceeding on freight agreeable to charter-party. 
 
 No bill of sale on board, but there is a Biel brief. 
 
 Jan Vonde Volde, Berendt Frochen, and Thomas Van- 
 derlippe, and no other persons, were the laders, who all 
 liye at Bergen ; and the master swears, they told him they 
 were the owners, and he believes they are, and the goods 
 were to be delivered on their account at Dunkirk. 
 
 Three bills of lading, and no more, were signed; not 
 colourable. 
 
 One on board. 
 
 There is a charter-party. No. 9. 
 
 N. B. The mate to eighth Interrogatory says, the deals 
 were about 9 foot long, about a foot broad, and from an 
 inch to an inch and half thick, and there were about 29 
 dozen of them. 
 
 Pierre Bernard Guillebert, a French passenger on 
 board. 
 
168 CASES DETERMINED IN THE 
 
 The 5th Interrogatory, that the rice, part of the lading, was 
 
 Si. Johahnes . jjondemned by the Admiralty of France, as prize taken in 
 
 1748. an English ship by the French, and carried into Bergen 
 
 Oct. 20. about 24th August last N. s., and sold by auction at 
 
 Bergen 30th March last N. s. 
 
 Says the correspondent Vanderlippe told him, that he 
 and Jan Vonde Volde and Berendt Frochen were the 
 laders, but deponent does not know who w ere the owners 
 of the cargo. 
 
 Deponent was entered on the roll of equipage, though 
 really a passenger, to avoid his being made a prisoner by 
 the English. 
 
 Ship's Papers. 
 
 No. 1. Bill of lading for the whole cargo. 
 
 No. 2. Attestation of the property of ship and cargo, 
 sworn at Bergen, 23rd April, 1748. 
 
 No. 4. A Danish pass, dated 4th April, 1748. 
 
 No. 6. Clearance at Bergen of the goods named in the 
 bill of lading. 
 
 No. 9. Charter-party, dated 20th April, 1748, between 
 Thomas Vanderlippe, freighter, and Captain Nielson, for a 
 Toyage to Dunkirk, then to St. Martins and back to 
 Bergen. 
 
 28th May, 1748, Dirk Nielson, the mastei', gave in a 
 claim on oath for the ship as being the property of Hend- 
 rick Nielson and several others, all of North Bergen and 
 Danish subjects, and for 10 barrels of salt-fish, and 11 
 barrels of cod-rows salted, as being his own property, and 
 for all the rest of the cargo as being the property of 
 Thomas Vanderlippe, Jan Vonde Volde, and Berendt 
 
HIGH COURT OF ADMIRALTY. 169 
 
 Frochen, all merchants of Bergen and Danish subjects, The 
 
 , „ , „ St. Johannes. 
 
 and tor damages, expenses, &c. 
 
 N. B. The papers and depositions appear to be all fair 
 and regular, and the question is only whether the rice and 
 fish are not contraband. 
 
 Sailed from Bergen 27th April, 1748, N. S. 
 
 Dr. Pinfold, for the claimers. 
 
 Danish ship, proceeding by charter-party with various 
 goods from Bergen to Dunkirk. 
 
 No case where rice has been held to be ship's provisions. 
 In the Daagaraad^, herrings were said to be for luxury, and 
 were not condemned. 
 
 Brandy going to Dunkirk, has been condemned when 
 the French army lay near Dunkirk. 
 
 5 th art. of instructions. 
 
 Taken the last day of captures in the Channel, after a 
 cession of arms at land. 
 
 Allies carrying on a proper trade. 
 
 Dr. Hay, same side. 
 
 Produce of Denmark. 
 
 Provisions going to a besieged town, or for the public 
 service, are always contraband. Herrings were restored in 
 the case of the Daagaraad. ' 
 
 Cargo of a mixed nature. 
 
 The diiferent situation of affairs makes it proper to vary 
 the judgment of the Court per law. 
 
 Vide anti, p. 163. 
 
 1748. 
 
 Oct. 20. 
 
170 
 
 CASES DETERMINED IN THE 
 
 Tbb 
 St. Johakhps. 
 
 1748. 
 Oct. 3Q. 
 
 Per Cueiam : 
 
 A Danish ship and cargo. 
 
 Question, whether the cargo, which all belongs to the 
 same owners, ought not to be wholly condemppd, part of 
 them being contraband. 
 
 Some part of the cargo is provisions, 
 
 Eice is corn, and certainly Is prpvisions. 
 
 Herrings in a large quantity must be for food, and the 
 quantity will make them contraband or not. 
 
 De minimis non curat lex, 
 
 I there In the case of the Daagaraad ' considered those 
 5 barrels of herrings rather as ship's provisions than as 
 merchandizes. 
 
 Soap and potashes are not contraband, but as they be- 
 long to the same owners as the contraband, they by law 
 are liable to confiscation by being infected by the con- 
 traband. 
 
 Restored the ship and condemned the whole cargo. 
 
 Oct. 20th, 1748. 
 
 De Klein 
 David. 
 
 ' , ' 
 
 1748. 
 Oct. 22. 
 Contraband.— 
 Prussian ship. 
 — Wine. — 
 Brandy. — 
 Papers lost. — 
 Supplied No- 
 tification. — i 
 Ship and cargo 
 
 restored Just 
 
 cause of seizure. 
 — Captors' ex- 
 penses allowed, 
 
 DE KLEIN DAVID. Michael Bugdahl, Master. 
 
 De Klein David, Michael Bugdahl, Master ; taken by 
 the Warren, Roger Brown, Commander, and the Hawke, 
 Charles Wilson, Commander. 
 
 I am for the captors. 
 
 Prussian ship. 
 
 Mes^rg. Splltgerber and Daum, merchants at Berlin, 
 
 ' Videanti, p. 163. 
 
Oct. 22, 
 
 HIGH COURT OP ADMIRALTY. 171 
 
 owners of 4ths, Johan Jacob Vansloss of Stettin, owner of 1>e Klein 
 
 David, 
 § ths, and the Widow Schodem of Stettin, owner of |tlij ■ , ■ 
 
 all Prussians. 1748. 
 
 She was built at Colbert in Pomeranla. 
 
 Navigated with 10 men and the master, all Prussians, 
 except one Dane and one Dantzicker. 
 
 28th Dec. 1747, this ship sailed from the river of Stettin 
 with a lading of oak and deal plank and other wood, bound 
 for Port L'Orient on freight. 
 
 Delivered said lading there for the account of the French 
 East India Company. 
 
 The freight amounted to 6000 livres, which the master 
 remitted to his owners ; proceeded in ballast from L'Orient 
 to Vannes in France. 
 
 Took in a lading of rye on freight for Bourdeaux, deli- 
 vered the same there to a considerable company of mer- 
 chants. 
 
 At Bourdeaux, Mr. Streckeiser, a merchant there, 
 shipped on board a lading of wine and brandy to the 
 quantity of 223 tons for Dunkirk. 
 
 And the master agreed with the said Streckeiser at 
 Bourdeaux for freight of the said wine and brandy after 
 the rate of 50 livres per ton. 
 
 Sailed with the said lading from the river of Bourdeaux 
 for Dunkirk on the 5th May, 1748, N. s. 
 
 On the 8th of May in the evening an English ship (the 
 Hawk) laid her on board and took away her papers. 
 
 The next morning the Warren of Liverpool came up, 
 and sent his boat and asked the master for his papers. 
 
 He answered, they were on board the other English 
 ship, then lying near. 
 
 The WEirren's boat went tO the other ship, and the master 
 says, h§ hfis heaydj and believes, the Warren's people in the 
 
172 CASES DETERMINED IN THE 
 
 Db Klein boat got from thence his said papers, and in going back 
 
 ' ,. , . ; to the Warren, the said boat overset, and all the hands in 
 
 •'■748. ^ijg boat, except one, were drowned, and he believes his 
 
 Oct, 22, ' r ' ' 
 
 papers were then lost. 
 
 But deponent had several other letters and papers on 
 board, which he has delivered to the captors. 
 
 She was brought into Liverpool 11th May, o. s. 
 
 Had only one bill of lading for the cargo, which was to 
 be delivered at Dunkirk to merchants, whose names he does 
 not remember. 
 
 2 hogsheads of wine and 12 ankers of brandy belong 
 to deponent, and the rest of the lading he believes, but to his 
 knowledge cannot positively say ^ was the property of Messrs. 
 Splitgerber and Daum ; well remembers the bill of lading 
 called it their property. 
 
 Christian Frederick, the mate, says, he does not in the 
 least know whether the cargo belongs to French or 
 Prussian subjects. ] 
 
 Michael Tall, carpenter, says, the ship's crew, being un- 
 willing to go to Dunkirk, as fearing to be taken, the captain 
 promised to pay them by the month, if any such accident 
 happened. 
 
 Does not in the least know to what prince's subjects the 
 cargo belongs. 
 
 Taken about 15 or 20 leagues off Belle Isle, 14th June, 
 1748, 
 
 The master claimed the ship as the property of Messrs. 
 Splitgerber and Daum and other subjects of Prussia, and 
 claimed the whole cargo as the sole property of the said 
 Splitgerber and Daum, and costs, damages, and expenses. 
 
 N. B. It appears from the letters, that this ship was to 
 get freight as it could, but some of the last letters intimate 
 
HIGH COURT OF ADMIEALTY. 173 
 
 that this present cargo was for account of Splitgerber and De IClein 
 -TV David. 
 
 Daum. . 
 
 1748. 
 Dr. Simpson, for clalmers. 0<=t- 22. 
 
 The letters show the cargo Is Prussian ; the prior voyage 
 not material. Brought in to be condemned, because we 
 wanted papers, which by their means were lost. 
 
 N.B. No affidavit from the Hawk that the papers were 
 lost. 
 
 Dr. Hay, same side. 
 
 The Court said, he had information from the Secretary 
 of State ^ that the claimers had papers come from Prussia 
 to instruct their cause, and therefore ordered ex officio that 
 the claimers should bring them in, thougli both captors and 
 claimers prayed the cause to be heard upon the above 
 evidence, and accordingly adjourned the cause to 22nd 
 Oct. 1748. 
 
 These papers are exhibited and contain two royal Prus- 
 sian passes, dated 2nd March, 1748. 
 
 Declaration on oath of the property of the ship. 
 
 Declaration on oath of Splitgerber of the property of 
 the cargo, that it is wholly his. 
 
 Bill of sale of ship. 
 
 Declaration on oath, that the outward cargo was Prus- 
 sian property. 
 
 And a pass demanding the privileges of the Dutch 
 treaty, 1st Dec. 1674, Treaty of Utrecht, and Lord Car- 
 teret's declaration in 1744, 
 
 Fully prove the ship and cargo to be Prussian. 
 
 Captors' council objected to reading these papers, because 
 
 ' Vide Elsebe, 5 Eob. 178. ; Neptmus, 6 Kob.403. ; Sansom, 6 Rob. 417. 
 
1^4 CASES DETEEMINED IN THE 
 
 Db Klein there was no jJrdof that these exhibits are copies of dbcti- 
 
 . P^y^°- ^ ments, that were on board of the ship at the time of the caji- 
 
 1748. ture, and were lost when the privateer's boat was overset. 
 
 Oct. 22. 
 
 Pee CukiAm : 
 
 As the papers were lost by accidfeht, that misfortune 
 may be retrieved in the best manner which can be, which 
 is by reading copies of papers frora public offices, and there- 
 fore these papers may be read. 
 
 Pass granted by the president and councillors appointed 
 for the Regency of Pomerania has these words : — 
 
 We desire all Admirals, &c., to let the said master 
 enjoy all the franchises, immunities, and privileges which 
 the subjects of His Majesty the King of Prussia have a 
 right to demand by virtue of the treaty of the 1st day of 
 Dec. 1674, and that of Utrecht, art. 11. in the year 1713 ; 
 the first of them made between the King of Great Britain 
 and their High Mightinesses the States-General, confirmed 
 by His Majesty King George in the year 1744 ; and the 
 second between the Crowns of France and England ; as 
 also by virtue of the assurances, which my Lord Carteret 
 gave in the year 1744, from the King his Master to Mr. 
 Andrie, minister of our Court to that of Great Britain, 
 that all sorts of timber proper for the building of ships 
 were free and permitted, and that the flag and ships of 
 Prussian subjects should be strictly respected by England, 
 which we do likewise promise to grant in the like cases to 
 the subjects of foreign powers, provided with the necessary 
 passes, or in case we are duly required thereunto. Dated, 
 Stettin, 21st Nov. 1747. 
 
 Dr, Jenner, for the captors of the Klein David. 
 
HIGH COURT IF ADMIRALTY. 
 
 115 
 
 Margareta Elizoheth 'j Rasmus Torentzen, master, 7 th 
 July, 1748. 
 
 Danish ship, bound to Kochelle with a large quantity of 
 beer: the ,<3ourt held that 100 barrels of beer being a 
 large quantity, was contraband and condemned as such. 
 
 Maria Elizabeth, Hans Luers, master, 23rd June, 1748; 
 Hamburgh ship^ bound from Eiochelle to Dunkirk, with 
 salt and brandy : whole cargo condemned as contraband. 
 
 By treaty with Holland, 1667 ^ wine is declared not to 
 be contraband, ergo otherwise it would be. 
 
 Treaty 1674^, the same. 
 
 Treaty with Sweden^, 1660, expressly declares provisions 
 to be contraband, and wine is provisions. 
 
 Treaty of Utrecht* with France declares wines by name 
 not to be contraband .^ 
 
 Treaty of Utrecht with Spain, the same. These treaties 
 show that all nations deemed wines to be contraband in 
 their own nature. 
 
 De Klein 
 David. 
 
 1748. 
 March 22. 
 
 Dr. Simpson, for the claimers. 
 
 A case of consequence because of a national concern. 
 
 Ally not to be obstructed in a fair trade. 
 
 Do not know any treaty between England and Prussia ; 
 so this case stands on the law of nations. 
 
 By the treaties cited it appears that by general consent 
 of all nations wine Is not contraband, for they have by 
 those treaties expressly declared wines shall be free. 
 
 King's proclamations or instructions don't mention 
 wines. 
 
 > Vide ante, p. 160. 
 ^ Dumont, vol. vii. p. 44. ; D'Hau- 
 terive, vol. vii. p. 5. 
 ' Vide ante, p. 128. 
 
 • 21 Oct. 1661. Dumont, vol. vi. 
 p. 385. §11. 
 
 = Id. vol. viii. p. 345. § 20. 
 
 ' Dumont, vol. viii. p, 409. ; and 
 id. vol. viii. p. 31, 
 
176 CASES DETERMINED IN THE 
 
 De Klein Opuscula varia Heineccii ' de navihus. 
 
 . '^^^°- Contraband are goods prohibited, publico, lege aut de- 
 
 1748. nundatione. 
 *^'' ^^' Salt I admit is contraband.''' 
 
 N. B. Yet the treaties have said, it shall not be con- 
 traband. 
 
 The passes which were on board expressly declare that 
 the lading of wine and brandy is Prussian property and 
 belongs to the present owners. 
 
 Dr. Hay, same side. 
 
 Two questions : whether the cargo is contraband. 
 
 Second, whether, supposing it is not contraband, there 
 was just cause of seizure. 
 
 A new point to insist wines and brandy are contra- 
 band. 
 
 Bynkershoek : excute pacta.^ 
 
 Wine and brandy luxurious liquors. 
 
 Would the Court have ordered us to exhibit fresh papers 
 if you had thought the cargo contraband. 
 
 Full proof on board that the ship and cargo were 
 Prussian. 
 
 Without such passes the owners would not have gone on 
 such a voyage. 
 
 Per Coeiam : 
 
 Agreed this is certainly a Prussian ship. 
 
 "Went with timber to L'Orient, then in ballast to Vannes 
 and carried rye to Bourdeaux, there took in wine and 
 brandy for Dunkirk. 
 
 The papers being lost by accident, it was necessary to 
 
 ' Vide Heineccii, Opuso. varia. ' Vide ante, p. 141. 
 
 De nav. ob vect. § 15. p. 332. ' Bynk. Q.J. P. lib. i. c. 10. p. 79. 
 
HIGH COURT OF ADMIRALTY. 177 
 
 exhibit fresh papers, to supply the place of those that Db Klein 
 were lost. °^^'°- , 
 
 The whole cargo is wine and brandy, and the question 1748, 
 is, whether it ought to be condemned or not. °'^'' ^^' 
 
 Contraband has admitted various interpretations agree- 
 able to the state of the cases. 
 
 Princes declare sometimes things to be contraband 
 which are not so in their nature, and in those cases notifi- 
 cations thereof are given to other sovereigns. 
 
 If this ship had been going to Prussia, undoubtedly it 
 would have been a fair trade. 
 
 This ship has been trading from port to port to assist 
 our enemies, which is not acting agreeable to good faith. 
 
 Two passes sent to Bourdeaux, not on board when she 
 first sailed. These two passes are not on oath, which 
 arises from there being no treaty of commerce between 
 England and Prussia. 
 
 The law of nations is uncertain, and the determinations 
 upon it very various. 
 
 Treaties have, determined, what shall and what shall not 
 be contraband. 
 
 If the new papers had not been exhibited, the property 
 of the cargo would have been doubtful. 
 
 I think the privateer had reason to suspect this was an 
 unfair trade ; and therefore, upon the whole circumstances 
 of the case, I restore the ship and cargo, but pronounce 
 just cause of seizure, and decree expenses to the privateers. 
 
 Oct. 22nd, 1748. 
 
 This judgment was appealed against on the part of the 
 claimants, more especially against such part of the decree 
 as pronounced there was just cause of seizure and con- 
 demned the appellant in expenses. 
 
 N 
 
178 CASES DETERMINED IN THE 
 
 De Klein The captors did not appeal ; but, by way of adhesion 
 
 . to the claimants' appeal, insisted that the Judge below 
 
 1751. ought to have condemned the ship and cargo as good and 
 June 27. 1 p 1 ■ 
 
 iawiui prize. 
 
 Dr. Simpson, for appellant. 
 
 Papers lost. 
 
 Only one bill of lading for the cargo. 
 
 Letters on board show the property of the ship and 
 cargo. 
 
 The same proof of Prussian property in the cargo as in 
 the ship. 
 
 1748. 4th June. Monition. 
 14th June. Claim by Bugddahl. 
 
 We offered additional papers to supply loss of those on 
 board. They are — 
 
 1. Certificate of property of ship. 
 
 2. Pomeranian general pass. 
 
 3. Two special passes for this ship and cargo. 
 
 28th July. Cause part heard. Court pronounced just 
 cause of seizure, &c., because new papers were exhibited. 
 Seizure in violation of instructions. 
 
 Mr. Solicitor-General, for claimants. 
 Captor must prove his case, whether there be a claim 
 or not. 
 
 Has done nothing unlawful in her whole voyage. 
 
 No costs due. 
 
 Privateer has not done wronn;. 
 
HIGH COURT OF ADMIRALTY. 179 
 
 Ergo, reward him by making the right-doer pay De IClein 
 costs. . "^'^'"■ 
 
 14th December, 1649. The Prouitfm^/a ', a Russian ship, 1751. 
 brought in, laden with masts, &c. Judge decreed to sell ™^ 
 cargo in England, and pronounced just cause of seizure, 
 and costs. Lords reversed the sentence as to costs. 
 
 There can be no case where costs are to be paid by the 
 claimer, unless he has been guilty of great misbehaviour. 
 Damages have been given in many cases in the Courts 
 below. 
 
 The Jacob, Before the^Lords, for immoderate damages. 
 
 Adhesion has caused expenses. 
 
 Dr, Simpson, same side. 
 
 Same evidence for the property of the cargo as of the 
 ship. 
 
 Privateer has given no account of the ship's papers. 
 Ship has lain at Liverpool, and perished. 
 
 1751, June 27. 
 
 The Lords reversed the decree as to costs ^ given to the 
 captors, and pronouncing just cause of seizure, but affirmed 
 it as to restitution of ship and cargo, and ordered each 
 party to stand to their own costs. 
 
 Present : Earl of Granville, Lord President ; Duke of 
 Dorset, Marquis of Tweeddale, Earls of Cholmondeley, 
 Holderness, and Hindford, Mr. Legge, Sir Thomas Eo- 
 binson. Barons Clive and Smith. 
 
 • Vide antS, p. 94. Reports, p. 170. ; and the Zeucade 
 
 ' On the subject of costs, vide the id. p. 228. 
 case of the Ostsee, 2 Eccl. & Adm. 
 
 N 2 
 
180 
 
 CASES DETERMINED IN THE 
 
 De 
 
 WiLHELMINA 
 
 Cathae;na. 
 
 ■ 
 
 1748. 
 
 Oct. 26. 
 
 Contraband. — . 
 Dutch Treaty. 
 — Commission 
 to unlade and 
 inspect shot. — • 
 Saltpetre 
 condemned. — 
 Rest of cargo 
 and ship re- 
 stored. 
 
 DE WILHELMINA CATHAEINA. 
 Themus Jansekt, Master. 
 
 Tyeerd 
 
 De Wilhelmina Catharina, Tyeerd Themus Jansen; 
 Master; taken by the Duke William Privateer, John 
 Norris, Commander, and brought to Dover. 
 
 I am for the captor. 
 
 Dutch shijj, bound from Amsterdam to Bayonne. 
 
 Taken 28th July, 1747, N.S., in Dover Road, half a 
 mile from the shore. 
 
 8 Mariners including the master, and 1 boy, all neuters. 
 
 Burthen 65 lasts, Holland built. 
 
 The Widow of Meyndart Troye is the sole owner of 
 the ship, and she lives at Amsterdam, and is a subject to 
 the state. 
 
 A bill of sale, No. 61., of the ship, was made to her 
 said husband. 
 
 She was laden at Amsterdam with 40 bundles of hemp, 
 about 36 iron backs, 1000 cheeses, a barrel of small lead 
 shot, a basket of wooden mallets used for corking of ships, 
 some corn sacks, bales of cocoa, bales of cinnamon, and 
 other bales, chests, barrels, and packs, whereof the master 
 says he knows not the contents ; knows not who were the 
 laders or owners but by his bills of lading. 
 
 The said goods were to be delivered at Bayonne, but for 
 whose account or to whom they belonged, or for whom 
 designed, he knovs^s not. 
 
 Sailed from Amsterdam on the 5th July, 1747, arrived in 
 the Texel on the 6th, continued there till the 24th July, 
 and on that day sailed for Bayonne, where the voyage was 
 to have ended. 
 
HIGH COURT OF ADMIRALTY. 181 
 
 180 bills of lading not colourable, none of a different De 
 
 tenor. 60 on board, no charter-party. ^Ith!™ 
 
 Was proceeding as a general ship for freight. ' ^ 
 
 Had a Turk's pass on board, which the master refused to q^^ ^r 
 
 deliver up, and also the usual pass, dated 13th June, 1747, 
 
 and all proper papers. 
 
 Grot Ecthotf was examined at Dover, but refused to 
 sign his examination unless he was paid his wages, but 
 afterwards he was examined, and signed in the registry. 
 
 There are material differences between his first and 
 second depositions. 
 
 On the first he says she had none but the lawful goods 
 on board, but does not know the particulars, because she 
 was laden before he came on board. 
 
 On the 2nd to the 8th Interrogatory he says he knows 
 there was small shot on board, and the mate has lately told 
 Jiivi there were cannon halls and large iron spikes on board. 
 
 And to 11th Interrogatory: that he believes the goods 
 were for French account, by reason that some of the crew 
 had extraordinary pay on their refusing to sail, because 
 the said lading was for French account. 
 
 The first examination was on the 22nd July, 1747 ; the 
 last, on the 13th October, 1747. 
 
 On the 1st to 11th Interrogatory says he knows not 
 who were the laders, or on whose account the goods were. 
 
 23rd October, 1747. Upon what Eckhoff had deposed 
 concerning the small shot, cannon balls, and iron spikes on 
 board, the captors prayed a commission to unlade and 
 inspect the cargo, which the Court decreed, on the captors 
 o-ivino- security in 2000/. to answer such damages as the 
 owner may sustain by such inspection. 
 
 N 3 
 
182 CASES DETERMINED IN THE 
 
 De 24th Nov. 1747. Jansen, the Master, made an affirma- 
 
 Catha™ It *'°'^ *^^* ^* *^® ^^^^ *^® lading was put on board, or at any 
 
 — V ' time since, there was not nor hath been to his knowledge or 
 
 Oct. 26 belief, on any account whatsoever, put on board the said 
 vessel, any cannon balls, bullets, powder or spikes, or other 
 warlike stores ; and that he never told Gert EckhofF, or any 
 other person, that there were put on board the vessel shot, 
 balls, bullets, powder, or iron spikes, as deponent has been 
 informed Eckhoffhas declared. 
 
 14th December, 1747 : A commission of inspection 
 went under seal directed to James Goldfrop, Benjamin 
 Brown, Peter Fector, and John Walton, merchants, who, 
 on the 5th May, 1748, made a return thereto, by which it 
 appears there are several casks of shot, but no cannon 
 balls, iron spikes, &c. And in a large covered cask, marked 
 No. 20. P. Y. T,, they have returned that they found, 
 among laces and other things, _^«;e small bags of musket and 
 pistol shot. 
 
 But concernuig these five bags of shot, they have re- 
 turned that there is a dispute between Benjamin Brown, 
 one of the commissioners, and Isaac Claypoole, who acted 
 for Peter Fector, another commissioner. 
 
 The claimers insist that those five bags were clandes- 
 tinely put into that cask by the captors, and the captors 
 insist they were originally packed up therein ; upon which 
 point many 
 
 Affidavits on both sides have been exhibited, viz : — 
 
 For the claimers. 
 
 2nd July, 1748. Affidavit of Peter Fector, Isaac 
 Claypoole, Thomas Page, Henry Jelly, Esq., and Jameg 
 Boy ton. 
 
HIGH COURT OF ADMIRALTY. I83 
 
 They say the cask had been opened before by Brown and De 
 
 others, that the goods were much tumbled and ill packed .^q™^™^'*^ 
 
 at that end of the cask, and that the shot weighed about ^ , ' 
 
 14 pounds each bag, that the bags were clean, and they „ °' 
 verily believe they had been put in after the cask was 
 packed; but they say the bags and all the rest of the 
 things were again put into the cask and it was headed up. 
 
 N.B. There could not have been room to put the bags in 
 if they had not been originally stowed there. 
 
 Another affidavit, 2nd July, 1748, of John Walton, 
 Peter Fector, and Isaac Claypoole. 
 
 "Walton says he was present on the 12th March, after 
 the cask was first opened, but not imagining any contraband 
 goods could be in a cask with laces, &c., he and Michell 
 and Dykes walked to the other side of the warehouse, 
 about 40 feet distance from where Brown and others were 
 inspecting. Deponent refused to sign the return without 
 an exception to that cask, because he believes the shot was 
 clandestinely conveyed into the cask by the privateer's 
 people. 
 
 5th April, 1748 : Stephen Loquet, the owner of said 
 cask, and three others, the packers, &c. thereof, made 
 affidavit in Holland, that no shot or balls were put into 
 that cask. 
 
 For the captors. 
 
 21st May, 1748: Affidavit of Benjamin Brown and 
 Thomas Michell. 
 
 Brown swears positively that the shot was found in the 
 cask, and positively denies that the same were at any 
 time put into the cask with his privity, and if they had 
 been put in, believes he must have known it, because he 
 
 V 4 
 
Oct. 26. 
 
 184 CASES DETERMINED IN THE 
 
 De was present, and closely inspected the said cask from the 
 
 ^ATHAKmA^ time it was first opened to the time it was headed up 
 
 ' , ' again ; and Michell gives the same account of what passed 
 
 Orft 2B ^* ^^^ several times of opening the said cask. 
 
 30th March, 1748 : Declaration at Dover, of Peter 
 Fector, Isaac Claypoole, and Thomas Page, merchants ; 
 Henry Jelly, Esq., and James Boyton, landing-waiter. 
 
 This declaration is exactly the same as their affidavit of 
 the 2nd July, 1748. 
 
 N.B. The master claimed the ship as property of Myn- 
 dart Troye, widow, a subject of the States, and the cargo 
 as laden in a Dutch ship. 
 
 N.B. There are a matter of 13 casks of shots on board, 
 which were laden as goods. 
 
 Dr. Paul, for the claimers. 
 
 The Dover privateers, very diligent in seizing ships 
 contrary to treaty : veri/ difficult to account for their not 
 hnowing the weight of this cask till the \2th March, and 
 should then find the weight of it. 
 
 Bass contained bullets of diiferent sizes. 
 
 Evident that they were not on board by the laders. 
 
 The case will rest on circumstances which will show these 
 bags were put in by the captors to save costs and damages. 
 
 Not a colourable bill of lading on board. 
 
 Dr. Simpson, same side. 
 
 Question whether these bags contain contraband, and 
 whether they were originally put in by the laders. 
 
 None of the privateer's men who were present at search- 
 ing this cask have made an affidavit concerning the find- 
 ing the bullets. 
 
 Dr. Pinfold, for the captors. 
 
HIGH COURT OF ADMIRALTY. 185 
 
 Claypoole, when the bullets were first found, expressed De 
 
 . . ,1 i • T. J.1 ^ WlLHELMINA 
 
 no suspicion they were put in by the captors. Cathakina. 
 
 1748 
 Dr. Paul, for the claimers. Oct. 26. 
 
 This case must depend on the treaty of 1674', art. 5. 
 
 JVo instance of the Courfs requiring a cache ito be pro- 
 duced unless it is going into an enemy's port. 
 
 Inspection granted upon the evidence that there were 
 cannon balls, &c. on board. 
 
 Lead is not contraband, nor any other things but what 
 are mentioned in the 3rd article.^ 
 
 Captains of ships dont know contents of lading. 
 
 Shot is merchandise. 
 
 Concealment will not make it contraband. 
 
 Glass bottles are as much contraband as shot. 
 
 Found weight of the cask after they had opened it, and 
 not before. 
 
 N.B. I believe Mr. Brown did not see any bullets put in. 
 
 The Jacob. 11 barrels of gunpowder held not to be 
 contraband by the Lords. 
 
 Dr. Simpson, same side. 
 
 In what case is the cocket to be produced ? 
 
 N.B. Going to an enemy'' s port. 
 
 If she was on a lawful trade her pass ought to have freed 
 her. 
 
 No imputation for not specifying what is not contra- 
 band. 
 
 Sliot is not enumerated as contraband in the third article, 
 and not being so, is lawful by the 4th article. 
 
 Shot for killing bears or wolves. 
 
 The large shot is not musket shot. 
 
 ' Dumont, vol. vii. p. 282. ' Id. 
 
186 CASES DETERMINED IN THE 
 
 De Per Curiam: 
 
 Caihabina. G-ert EckhofF swears lie knew there was shot on board, 
 
 "^ > ' and the mate told him there were cannon balls and iron 
 
 Oct. 26 spikes : upon this evidence, the Court did, with difficulty, 
 grant an inspection, but not before an additional security 
 of 2000Z. was given by the captors. 
 
 There is reason to doubt whether the 5 bags of shot 
 were originally on board ; the Dutch laders swear posi- 
 tively that they did not put them in, and that the package 
 was finished in their presence, and directly sent on board. 
 
 On the contrary, it appears that the bags are German 
 canvass, and it is not proved that the captors put them in. 
 The Commission badly executed. Fector employed Clay- 
 poole to attend for him, which he had no right to do, nor 
 should the privateer's people have been present. 
 
 Not in evidence that canvass is manufactured at Dover. 
 
 A large quantity of shot on board might be used by 
 privateers to annoy us in war. 
 
 It has been urged by Dr. Lee that musket shot, enume- 
 rated in the 3rd article of the treaty, 1674 ', is the genus 
 under which all species of shot is comprised, and there 
 seems to be some weight in it ; clearances should specify 
 the goods contained therein. 
 
 Anything may pass under the general word merchan- 
 dise. 
 
 The master owns one barrel of small shot, but owns no 
 more ; if he knew of one, how came he not to know of 
 the rest, which were in the same bills of lading. 
 
 Dr. Lee has rightly laid weight on the concealing this 
 shot ; it carries presumption that the master and laders 
 thought they were doing unlawfully. 
 
 Lead in gross is not by the 4th article ^ contraband, but 
 
 ' Videanti,^.\26. ' Hrfe «««, p. 128. 
 
HIGH COURT OF ADMIRALTY. 
 
 qua singula non pro- 
 
 manufactured into shot is different: 
 sunt conjuncta juvant. 
 
 A single barrel of shot would not be contraband, but 
 4 tons and upwards is ; and therefore I think the privateer 
 may be justified in bringing this ship to adjudication. 
 I therefore pronounce just cause of seizure, and give the 
 privateer costs, and condemn all the shot, the 5 bags of 
 musket bullets, and the 14 pounds of saltpetre, and re- 
 store the ship and the rest of the cargo. 
 
 October 26th, 1748. 
 
 187 
 
 WiLHELMINA 
 
 Cathahina. 
 7748^ 
 
 Oct. 26. 
 
 DE JONGE TOBIAS. Johan Setterboom, Master. 
 
 De Jonge Tobias, Johan Setterboom, Master ; taken by 
 the Guernsey, Daniel Perchard, Commander, and brought 
 to Falmouth. 
 
 I am for the captors. 
 
 Taken without resistance on the 24th August, 1747, in 
 lat. 48. 
 
 Is a Swedish ship, the property of Johan Bonman, 
 Casper Frederick Bahde, Johan Jacob Danker, and 
 Frederick Lorenz Strombeck, all subjects of Sweden. 
 
 Seven mariners, all Swedes. 
 
 Burthen, 103 tons. 
 
 4th July, 1747. A charter-party was made at Amster- 
 dam between Theodore Isaac Schutte, merchant there, as 
 freighter on the one part, and Johan Setterboom, the 
 master, as lessor on the other part. 
 
 To go with a lading from Amsterdam to Kochelle, there 
 to deliver the goods to the freighter's correspondent, and 
 
 De Jongb 
 Tobias. 
 
 1747. 
 Dec. 14. 
 
 Contraband.— 
 Commeattis. — 
 
 Salt Dutch 
 
 Treaty, 1674.— 
 Swedish Trea- 
 ties, 1661,1720. 
 — Cargo con- 
 demned. — Ship 
 restored. 
 
188 CASES DETERMINED IN THE 
 
 Db Jonge then proceed to Zendrees, and there to apply to the corre- 
 , spondent of the freighter who shall lade the ship with salt, 
 1747. and proceed with such lading to Dunkirk, and deliver it 
 to the freighter's correspondent. 
 
 Accordingly, the ship sailed from Amsterdam with a 
 lading of coals to Eochelle. From thence proceeded in 
 ballast to Zendrees. Proceeded from thence with a lading 
 of 110 moys of salt for Dunkirk. 
 
 Taken on her passage to Dunkirk with the said lading 
 on board. 
 
 The laders were the widow Schellebeck and Son, of 
 Kochelle. 
 
 Four bills of lading signed. Not colourable. 
 
 The ship first sailed from Gefle in Sweden to Amster- 
 dam with a lading of iron. 
 
 Ship's Papers. 
 
 No. 3., dated 16th August, 1747, a declaration of 
 Schellebeck and Son, Dutch merchants at Rochelle, that 
 the salt is laded by the order, for the account and risk, and 
 is the property of, Theodore Isaac Schutte, merchant, 
 Amsterdam. 
 
 No. 7. A clearance for the cargo bound to Eochelle. 
 
 No. 8. Keceipt for the duties upon the salt. 
 
 No. 9. A French pass for foreign ships, for this ship 
 with her lading of salt to go to Dunkirk. 
 
 No. 1. A bill of lading of the salt to be delivered at 
 Dunkirk for the account and risk of Schutte. 
 
 No. 2. A certificate of the College of Commerce that 
 the ship has been proved on oath to be Swedish property, 
 dated at Stockholm, 2nd May, 1746. 
 
 N.B. The master of the privateer, in his affidavit of 
 
HIGH COURT OF ADMIRALTY. 189 
 
 )e Jokge 
 Tobias. 
 
 ship's papers, speaks of his having seized the lading only ^^ Jokge 
 as prize. 
 
 9th September, 1747. Setterboom, the master, gave in a 
 claim on oath for the ship as being the sole property of 
 the Swedes above named, and for freight, demurrage, 
 costs, &c. 
 
 9th September, 1747. A claim was given in on oath by 
 Abraham de Reiner, of London, for the cargo as being the 
 sole property of Theodore Isaac Schutte, of Amsterdam, 
 and for costs, &c. ; and annexed to his claim an affidavit of 
 Schutte to his property, a bill of lading and invoice. 
 
 17 th October, 1747. Mr. Schutte made another affi- 
 davit at Amsterdam that the salt is his sole property, 
 ■which affidavit is very full. 
 
 Dr. Paul, for the claimers. 
 
 The salt not French property : full oath that it is Dutch 
 property. 
 
 This is salt carrying from one French port to another, 
 and therefore not contraband. 
 
 Eendraght^, a Prussian ship, 5th December, 1747. Held 
 that cheese and beer are not contraband, much less can 
 salt be so. 
 
 Don't know that salt is anywhere mentioned as provi- 
 sions or as contraband. 
 
 Pepper, and spices, and sugar, are as much used in pro- 
 visions almost as salt. 
 
 The treaty with Holland, of 1674, does not extend to this 
 case. 
 
 Pray costs and damages. 
 
 > Vide ante, p. 166. 
 
 1747. 
 Dec. 14. 
 
190 CASES DETERMINED IN THE 
 
 , De Jongb j5r. Simpson, same side. 
 
 , — '-' By the 2nd article, Treaty 1674', freedom of commerce 
 
 1748. ^Q ^jjg Dutch in all kinds of merchandizes, unless such as 
 Dec. 14, n , ., , , 
 
 are declared contraband. 
 
 Treaty of 1661^ with Sweden, is not a subsisting 
 treaty. 
 
 In 1720*, the said treaty revived for eighteen years. 
 
 Provisions, Latin word commeatus, signifies public pro- 
 visions ; but interdum privati hominis Calvin Martlnus. 
 
 Dr. Jenner and 7, for the captors. 
 
 Pee Curiam: 
 
 Agreed this ship Is Swedish, and the cargo Dutch pro- 
 perty. 
 
 The whole lading Is salt. Consists of 110 mulds of 
 salt. 
 
 The Eendraght^, a general ship on freight ; the quantity 
 being small, the Court did not consider a small quantity of 
 cheese and beer as contraband. 
 
 Though the cargo is Dutch property, yet being on board 
 a Swedish ship must be considered as Swedish property, 
 and has not Dutch privilege. 
 
 The question is whether salt Is provisions. 
 
 Commeatus a general word for all provisions public and 
 private. This whole lading was going to Dunkirk, where 
 It was useful both for the French army and for their 
 privateers. 
 
 Sta Boa Ventura^, December 12. Tar, which In Its nature 
 is contraband, found in a Portuguese ship going from 
 
 ' Vide ante, p. 128. ■• Vide ante, p. 166. 
 
 " Vide Dumout, vol. vi. p. 384. ' Vide ante, p. 137. 
 
 ' Dumoiit, vol. viii. p. 18. 
 
HIGH COURT OF ADMIRALTY. 191 
 
 Bayonne to Nantes, was held to be contraband and was De Jongh 
 
 J , Tobias. 
 
 condemned. (__ ■ 
 
 In the treaty of 1674>, salt In a Dutch ship is declared 1748. 
 not to be contraband, therefore if it had not been so de- ^' 
 
 Glared S it would have been contraband. 
 
 Salt not mentioned in the Instructions, because it is not 
 the produce of Sweden, 
 
 Treaty of 1661 ^ is the subsisting Treaty with Sweden. 
 
 Upon the whole I am of opinion this lading of salt in a 
 Swedish ship is contraband, 
 
 I condemn the cargo and decree the ship to be restored. 
 
 December 14th, 1749. 
 
 MED GUDS HIELPE,^ Jacob Sodekberg, Master. ^^^ ^^^^ 
 
 HiELPB. 
 
 Med Guds Hielpe, Jacob Soderberg, Master; taken by 1750. 
 
 the Young Eagle Privateer, Captain Bazeley, Commander, J™e 29. 
 
 and brought into the port of Dover. Ktch andto^ 
 
 Where he examined the master, mate, and boatswain on SwedishTreaty 
 ^ J. . , ^ . Pass.— Notifi- 
 
 the preparatory standmg mterrogatories. cation.— Ship 
 
 and cargo con- 
 demned. — Af- 
 13th February, 1744. Jacob Soderberg, the master, firmed on 
 
 swears that he is a Swede and lives at Stockholm. That his 
 
 said ship and cargo were on February the 11 th, 1744, o. s,, 
 
 ' Vide ante, p. 128. famous case of the Med Goods 
 
 ' Vide Ringende Jacob, 1 Bob. 92.; Hielp," Slaadt Embden, I Eob. 29.; 
 
 Twende Brodre, 4 Eob. 33. 36. and " The memorable case of the 
 
 ^ Vide ante, p. 175. Med Goods Hjelpe," Maria, I Rob. 
 
 * This case was cited as "The 373. 
 
192 CASES DETERMINED IN THE 
 
 Med Gods «eized about two Dutch leagues from the shore oiF Dunge- 
 ^ lELFE. ^ j^ggg ^^ ^■^^ Eagle privateer, John Bazeley, commander. 
 1750. She was navigated with twelve mariners, all Swedes. 
 
 June 29. Burden, about 100 Dutch lasts. 
 
 Her cargo was pitch, tar, and firewood, for stowage. 
 Sailed from Stockholm, 5th October, 1744, bound to 
 Port Louis in France, where the voyage was to end. 
 
 That the ship and cargo were entirely the property of 
 Swedes residing at Stockholm. 
 
 The lading belongs to Jean Bedoire, of Stockholm, and 
 was to be delivered to his son at Port Louis. 
 The other witnesses agree. 
 
 N.B. There is no passport according to the treaty. 
 
 Question. Whether pitch and tar. are not contraband, 
 and as such lawful prize. 
 
 Instructions 18th June, 1744, art. 5. 
 
 Claim by the master for ship and cargo, as entirely 
 belonging to Swedes. 
 
 1702. Christiana Margaretta, bound to Havre de 
 Grace." 
 
 Ship and lading restored to subjects of Denmark pay- 
 ing expenses, except fourteen barrels of tar, which was 
 condemned as prize. 
 
 " Whitehall, May 18th, 1665. 
 " By His Majesty's Principal Commissioners of Prizes, 
 canvass, masts, pitch, tar, and all other naval accommoda- 
 tions declared contraband goods, and so intended by His 
 
 Majesty's declaration of the 22nd February, 1664." 
 
 Treaty with Sweden in 1661; ' 
 
 ' 21 Oct. 1661. Dumont, vol. vi. p. 384.; D'Hauterive, vol. vii. p.266. 
 
HIGH COURT OF ADMIRALTY. 193 
 
 N.B. The cargo consists of 970 barrels of tar, and 330 Med Guds 
 barrels of pitch. . ^'^^^^- . 
 
 1750. 
 
 Dr. Paul, for the claimer. ^^"^^ ^^• 
 
 We were carried into Dover, where there was not water 
 enough to bring her in.' 
 
 Soderberg begged she might not be carried thither, 
 because she drew fourteen feet water. 
 
 The privateer did her much damage thereby, insomuch 
 that she is not fit to proceed upon her voyage. 
 
 If it is not contraband within the Treaty with Sweden, 
 the instructions^ cannot make pitch and tar to be so. 
 
 Dr. Edmunds, same side. 
 
 Dr. Simpson^, for the captors. 
 
 There not being a passport in the form prescribed by the 
 treaty, the cargo must be presumed to be enemy's goods. 
 Pitch and tar are bello apta in se. 
 
 Bynhershoeh, p. 79.* All goods are contraband which 
 are per se hello apta. 
 
 In 1664, order of council for adjudication of prizes, 
 5th article.^ 
 
 Upon which the order of the Commissioners of Prizes, 
 May 18th, 1665, was made. 
 
 1692. The Arms of Plymouth, a Swedish vessel, Hans 
 Oldson, master. 
 
 Laden with pitch and tar at Gottenburgh. 
 
 Bound to France. 
 
 4th August, 1692. Lading condemned as good prize, 
 
 ' As to convenient port, vide (then Dr. Lee) was counsel for the 
 
 Story's Practice, p. 37. captors, with Di. Simpson. 
 ■>■ Vide antl p. 60. * Bynk. Q. J. P. lib. i. c. 10. 
 
 ' In this case Sir George Lee ' Fide Appendix. 
 
194 CASES DETERMINED IN THE 
 
 Med Gdm The cause appealed. 
 
 xl T"PT "PI?' 
 
 ' . 26th October, 1692. Lords affirmed the sentence; re- 
 
 1750. mitted the cause. 
 June 29. 
 
 17th November, 1692. The King in council ordered the 
 proceeds to be restored to the owners, and all the ship's 
 papers. 
 
 N.B. At this time the whole prize was not given to the 
 captors. 
 
 Dr. Paul, for the claimers. 
 
 1711. St. Anna and the Sladen, of Stockholm, brought 
 in for want of passports by the Marquis of Caermarthen. 
 
 The Judge allowed the owners to plead, and prove their 
 property. 
 
 They proved their property. 
 
 The Judge restored them, but proiiounced for just cause 
 of seizure. 
 
 Appealed the Anna; the Lords confirmed the sentence. 
 
 But in the other case, the Sladen, of Stockholm, was 
 condemned by the Lords for want of a passport, and the 
 Judge's sentence reversed. 
 
 Pitch and tar are proper for many purposes ; no express 
 precedent of condemning these goods as contraband. 
 
 The words of the Latin Treaty with Sweden in 1661', 
 article 11. : — " Cautum tantum-modo sit interim ne merces 
 ullcB vocatce contrahanda et specialiter nee pecunia" &c. ; 
 and then says, "may carry any goods de quibus supra 
 exceptum non est." 
 
 The Swedes never complained of being obliged to sell 
 their pitch and tar in England. 
 
 ' Dumont, vol. vi. p. 385. 
 
HIGH COURT OF ADMIRALTY. 195 
 
 Dr. Edmunds, same side. Med Guds 
 
 HiELPB. 
 
 The constitution of Sweden is altered since the treaty 
 of 1661 ; and they have now a Chamber of Commerce 1750. 
 which grants passports in their form, and they have never ""^ ' 
 granted any in the form of the treaty. 
 
 In the Humility it was held not to justify a seizure, and 
 costs and damages given against the captor. 
 
 Pitch and tar no where expressly mentioned as contra- 
 band. 
 
 Contraband are things which are of service in war in the 
 shape they are in. 
 
 Sir Leoline Jenkin's Life, 2 vol. fol. 751., Letter 29th 
 August, 1674, to the King. 
 
 Bergdstadt, of Stockholm, laden with pitch and tar, for 
 account of an Englishman going to France, seized by a 
 Spanish privateer who was in war with France and carried 
 to Ostend, there brought to condemnation upon a declara- 
 tion of the Spanish Governor that they were contraband. 
 
 Sir Leoline of opinion they were not to be contra- 
 band by the treaty ' with Spain, but as they were not 
 laden in an English ship the treaty could not relieve the 
 claimer, but says it is very improbable the Swedes should 
 allow pitch and tar, their native commodities, to be contra- 
 band, and declares his opinion that nothing ought to be 
 judged contraband but what is immediately in its own 
 nature subservient to war, unless there was a public 
 notification to all the world that we would condemn them 
 as contraband- 
 Pitch and tar is the produce ^ of Sweden ; it cannot be 
 imagined they would make them contraband. 
 
 This treaty explained by subsequent usage. 
 
 ' 1667, May 23. § 24. Dumont, ' As to growth and produce, pa/« 
 voLTii. p. 31. orete, p. 49. 
 
 Q 2 
 
June 29. 
 
 196 CASES DETERMINED IN THE 
 
 Med Gttbs In the instances cited on the other side, the privateers 
 1 ' . had an interest, and therefore if they were contraband they 
 
 1750. must have been condemned. 
 
 Concordia, 1706, bound to Rouen. 
 
 Laden with pitch and tar ; brought in as prize. 
 
 Ordered the pitch and tar to be sold in England, and to 
 certify in three months. 
 
 Appealed. 
 
 23rd April, 1706. The Lords reversed the decree, and 
 ordered ship and goods to be restored absolutely. 
 
 Town of Rotterdam the same. 
 
 These are the last instances of ordering cargo to be sold 
 in England. 
 
 St. Peter of Stockholm, 1696. Laden with 72 tons of 
 tar ; bound from Stockholm to Rochelle. Restored with- 
 out any conditions. 
 
 Instructions, 1706, limit contraband as to Sweden to 
 the particulars specified in the 11th article.' 
 
 Instructions^ are very different from rules to this Court 
 by the Grown or public notification to all crowns. 
 
 A man-of-war would be punishable if he seized a Swedish 
 ship with pitch and tar, because not contraband by treaty. 
 
 Pkr Curiam : 
 
 Agreed the ship and cargo are Swedish ; navigated and 
 manned by Swedes. 
 
 Laden with pitch and tar, and bound from Stockholm 
 to Port Louis in France. 
 
 The question is, first, whether she is supplied with a 
 proper pass. 
 
 The pass she has is very materially different from the 
 
 • Vide ante, p. 192. ' Vide ante, p. 128. and p. 108. 
 
June 29. 
 
 HIGH COURT OF ADMIRALTY. 197 
 
 form directed by the treaty, for this does not certify the Med Gdhs^ 
 
 HiELPE. 
 
 cargo. . 
 
 The Swedish treaty has of late not been so strictly ob- 1750, 
 served as perhaps it was before ; possibly some new con- 
 ventions have been made between England and Sweden, 
 which the Court does not know of. 
 
 The 2nd question is, whether pitch and tar are con- 
 traband. 
 
 It is a question of great moment, and deserves to be 
 well considered. 
 
 Many cases have been quoted, which ought to be looked 
 into. 
 
 When the prizes^ belonged to the Crown the Court 
 might show favour to the claimers, which cannot be shown 
 now the prize is given to the captor, and that distinction 
 has been well enforced by Dr. Lee. 
 
 The words in the treaty of the 11th art.^ et specialiter, 
 may fairly be interpreted to be for example. 
 
 From the 5th art. of Instructions, which expressly says 
 pitch and tar shall be accounted contraband, one would 
 imagine some modem treaty with Sweden has expressly 
 declared them to be contraband. 
 
 Took time to consider the case, and look into the pre- 
 cedents. 
 
 Aug. 9. 1745, Sir Henry Penrice gave sentence in this 
 case. 
 
 • Prize is altogether a creature of But the statute 6 Anne, a.d. 1708, 
 the Crown. No man has or can have is the first which gave to the cap- 
 any interest but what he takes as tors the whole or sole benefit. A 
 the mere gift of the Crown. Vide El- similar Act is passed on the brealcing 
 «c6e, 5 Kob. 181. Partial interest has out of every war. The present Prize 
 been granted away at different Act is the 17 Vict. c. 18. 
 times, vide Bob. CoU. Marit. p. 188. ' Dumont, vol. vi. p. 385. 
 
 o 3 
 
198 CASES DETERMINED IN THE 
 
 Med Gtjds Peb CueIAM. 
 
 HiEi-PE. rjijjg question is, whether this Swedish ship is well 
 
 1750, seized by the Eagle privateer. 
 
 June 29. "jijjjg gjjjp jjjj^ jjQ^ g^ passport ' in the form directed by the 
 
 treaty with Sweden in 1661, and therefore the privateer 
 had good reason to bring in this ship. 
 
 Her whole cargo is pitch and tar, and there is no 
 doubt but that it was designed for the use of the French. 
 
 Pitch and tar are not enumerated in the 11th article^ 
 of the Swedish Treaty, but I rather think those enu- 
 merated were mentioned rathier for example than by way 
 of exclusion, and that there are other contraband goods 
 than what are mentioned in that article. 
 
 Three species of goods — 
 
 1st. For immediate use of war, in the manner they are 
 and those are, contraband. 
 
 2nd. Of a mixed nature, which may be of use for war 
 and for other purposes, and these sometimes are, and some- 
 times are not contraband. 
 
 3rd. Things for pleasure, and which are of no use in 
 war, and those are not contraband. 
 
 Pitch and tar are of a mixed nature ; may be used for 
 civil purposes, and also for fitting ships of war. 
 
 Sovereign Princes at war may declare such and such 
 things to be contraband, and after notice to their allies, 
 their subjects may certainly seize them. 
 
 The Arms of Plymouth, in 1692, is the strongest case 
 that has been cited for condemning this ship. 
 
 In the old instructions the 11th and 12th articles of the 
 Swedish Treaty were inserted. 
 
 Now they are not inserted, and I suppose the reason 
 
 ' Alt. 12. Vide Dumont, vol. vi. ^ Vide Dumont, ib. 
 
 p. 386. 
 
June 29. 
 
 HIGH COURT OP ADMIRALTY. 199 
 
 was, because by the present Ipstructions pitch and tar in Med Gtos 
 Swedish ships are expressly declared to be contraband. . 
 
 A privateer who pursues his instructions, does right. 1750. 
 
 The Eagle privateer has pursued the King's instructions, 
 and therefore I declare and pronounce that this ship and 
 her cargo of pitch and tar are good and lawful pri?e, and 
 was rightly and duly seized and taken by the Eagle pri- 
 vateer. Captain Bazeley, Commander. 
 
 9th August, 1745. 
 
 Nov, 12th, 1745. 
 
 The above judgment was appealed against, and came on 
 for argument before the Lords of Appeal. 
 
 Dr. Paul, for appellants. 
 
 Treaties by Cromwell enumerate contraband, and no- 
 thing else is so.^ 
 
 Pitch and tar have been ordered to be sold in England. 
 
 Attentat by selling. 
 
 N. B. Treaties with Cromwell not confirmed, 
 
 Mr. Solicitor- General, for respondents'. 
 Contraband is every thing that is of use in carrying on 
 the war. 
 
 Dr. PauVs argument. 
 
 Pitch and tar are not useful without tallow. 
 
 9th art. of Instructions directs treaties to be observed. 
 
 Mr. Attorney-General, same side for appellants. 
 First, consider the ship only. 
 
 No instance mentioned of condemning the ship for having 
 contraband goods. 
 
 • Vide p. 191. n. 
 O 4 
 
200 CASES DETERMINED IN THE 
 
 Med Guds 2ndly. Consider the goods. 
 
 ■ 1st. With regard to the Law of Nations. 
 
 1 750. Every good purpose is supported by detaining the goods 
 
 that may be made use of in war. 
 
 Bynkershoek. Does not say pitch and tar. 
 Treaty with Sweden, 1661. 
 
 Nothing contraband but what is enumerated in the 
 11th article. 
 
 Christiana Mdrgaretta. 
 
 Sir Lionel Jenkins, 2 vols. 751. 
 
 The Lords having heard the counsel, took time to deli- 
 berate before they gave sentence. 
 
 On the 29th of June, 1750, the Lords met and con- 
 firmed the sentence of the Judge of the Admiralty, pro- 
 nouncing that the cargo is contraband by the laws of 
 nations and within the treaty with Sweden, and con- 
 demned both ship and cargo. 
 
 Present at this sentence, Duke of Dorset, Lord Pre- 
 sident, Lord Chief Justice Willes, and Mr. Doddington. 
 The Duke of Bedford and Earl of Harrington heard the 
 cause, but were absent when the sentence was given, but 
 sent their approbation and consent to it. 
 
HIGH COURT OF ADMIRALTY. 201 
 
 Med Guds 
 
 HlELPE. 
 
 NOTES FOR ARGUMENT 
 
 IN THE CASE OP THE MED GUDS HIELPE. 
 
 Bynkershoek, QucBst. Juris Publici, lib. 1. cap. 10. p. 79. 
 
 " Intelligo contraianda dici, quas uti sunt, bello apta 
 esse possunt, nee quicquam interesse, an et extra bellum 
 usum prsebeant. Paucissima sunt belli Instrumenta, 
 quae non et extra bellum prsebeant usum sui. Enses 
 gestamus ornamenti causa, gladiis animadvertimus in 
 facinorosos et ipso pulvere bellico utimur pro oblecta- 
 mento et ad testandam publice l^titiam, nee tamen dubi- 
 tamus, quin ea veniant nomine contrabandi. 
 
 " Excute pacta gentium, excute et alia quse alibi exstant 
 reperies omnia ilia appellari contrabanda, quse uti liostibus 
 suggeruntur, bellis gerendis inserviunt, sive instrumenta 
 bellica sint, sive materia per se bello apta." 
 
 Eod. cap. p. 77. 
 
 " Kegula est, pactis fere perpetuis probata, ne non hostes 
 ad hostes nostros vehant contrabanda, si vehant et depre- 
 hendantur in commissum cadantP 
 
 Grotius, lib. 3. cap. 1. sect. 5. nu. 1. 
 
 " Qusestio incidere solet, quid liceat in eos qui hostes 
 non sunt aut dici nolunt, sed hostibus res aliquas sub- 
 ministrant, nam et olim et nuper de e^ re acriter certatum 
 scimus, cum alii belli rigorem, alii commerciorum libertatem 
 defenderent." 
 
 1750. 
 June 29. 
 
202 CASES DETERMINED EST THE 
 
 Med Gods Gronovius In verb, belli rigorem : 
 
 •^^^™' , " Nihil tale permittendum, et qui faciunt, pro hostibus 
 1750. habendos." 
 June 29. Grotius, ibid. nu. 2. 
 
 *' Primum distinguendum inter res ipsas, sunt enim qu» 
 in bello tantum usum habent, ut arma; sunt quae in 
 bello nullum habent usum, ut quse voluptati inserviunt ; 
 sunt qua3 et in bello et extra beUum usum habent, ut pe- 
 cunia, commeatus, naves et qua navihus adsunt. 
 
 "In primo genere verum est dictum Amalasiunthae ad 
 Justinianum, in hostium esse partibus qui ad bellum neces- 
 saria hosti administrat. 
 
 " Secundum genus querelam non habet. 
 
 " Nu. 3. in tertio illo genere wsms awczpeft's distinguendus 
 erit belli status." 
 
 Then he makes several distinctions, which Bynkershoek 
 rejects, and determines in the words above cited from his 
 tenth chapter. 
 
 Grotius, note on nu. 2. verb, naves et qua navibus ad- 
 sunt. 
 
 " Athenis evehi vetita lina, utres, lignum, cera, pix." 
 
 Case to prove : pitch and tar are contraband. 
 
 1702. Christiana Margaretta, bound from Denmark to 
 Havre de Grace, laden with various goods and 14 barrels 
 of tar. 
 
 Ship and lading restored to the subjects of Denmark, 
 paying expenses, except the 14 barrels of tar, which were 
 condemned as prize. 
 
 Treaty with Sweden in 1661. 
 
 "Whitehall, May 18th, 1665. By His Majesty's Prin- 
 cipal Commissioners of Prizes. 
 
HIGH COURT OF ADMIRALTY. 2G3 
 
 Canvass, masts, pitch, and tar, and all other naval ac- Med Guds 
 
 HiELPE. 
 
 commodations, declared contraband goods, and so in- 
 tended by his Majesty's declaration of the 22nd Feb. 1664. 1750. 
 
 June 29, 
 
 Eules for condemning prizes, 22nd May, 1672. 
 
 Any ship carrying contraband goods shall be condemned 
 as prize. 
 
 Opinion of Sr. Robert Wiseman. Pitch and tar con- 
 traband. 
 
 Cases of Swedish ships and cargoes restored upon con- 
 dition not to sell the pitch, tar, &c., to the enemy. 
 
 1703. Fortune, Hans Borgeson Dousoe, master. 
 
 Laden with 15 lasts of pitch, and tar. 
 
 127 sticks of logwood. 
 
 100 pigs of lead. 
 
 20 casks of tin. 
 
 20 dozen of deals. 
 
 And 12 or 13 pounds of bees' wax. 
 
 Bound from Gottenburgh to Rouen. 
 
 Taken by Her Majesty's ships the Rochester and the 
 Charles Galley. 
 
 Claim for the ship and cargo. 
 
 11th May, 1703, the ship and cargo decreed to be re- 
 stored to the Swedish owners, they paying expenses, and 
 the pitch, tar, and lead ordered to be sold in England. 
 
 1703. St. Jacob, Erich Brinch, master. 
 
 Laden at Stockholm with 47 lasts of tar and upwards 
 of 7 lasts of pitch, and other things. 
 
 Bound from Rochford to Rochelle in France. 
 
 22d Nov. 1703. Ship and lading decreed to be restored, 
 paying expenses ; but the pitch and tar to be sold in 
 England. 
 
 1703. Juffrow Anna, John Albrecht, master. 
 
204 Cases determined in the 
 
 Med Giids Laden with pitch and tar. 
 . ^"^^^^- Bound from Stockholm to Brest. 
 
 1750. Taken by the Queen's ship the Mary Galley. 
 
 June 29. Restored paying expenses, but the pitch and tar ordered 
 
 to he sold in England. 
 
 1703. Warsaw Arms, Jacob Peterson, master. 
 
 Laden at Stockholm with tar, pitch, and iron 
 
 Bound to Kochelle and Rochford. 
 
 Taken by the Charles and William, privateers. 
 
 23rd Feb. 1703. Ship and lading restored to subjects 
 of Sweden, paying expenses and giving security to sell all 
 the pitch and tar in England, and to certify thereon in 
 three months. 
 
 1703. Anna Catharina, Erich Sparman, master. 
 
 Laden at Gottenburgh with timber, tar, and pitch. 
 
 Bound to Dieppe. 
 
 Seized in the port of Portsmouth as perquisites of 
 Admiralty. 
 
 Decreed to be restored to the Swedes, paying expenses, 
 and giving bail to sell all the goods in England. 
 
 Case where pitch and tar in a Swedish ship was con- 
 demned as prize. 
 
 1692. Arms of Plymouth, Hans Holdson, master. 
 
 Laden at Gottenburgh with pitch and tar. 
 
 Bound to France. 
 
 4th Aug. 1692. 
 
 Lading condemned. 
 
 Appealed. 
 
 26th Oct. 1692. The Lords affirmed the sentence, and 
 remitted the cause. 
 
 17th Nov. 1692. The King in Council ordered the pro- 
 ceed to be restored to the owners, and all the ship'? papers. 
 
HIGH COURT OP ADMHIALTY. 205 
 
 N. B. The whole prize was not then given to the Med Gdds 
 captors. , ^^'-^''- . 
 
 Case of a Swedish ship condemned for want of a pass- 
 port in due form. 
 
 1711. The Staden of Stockholm, brought in for want 
 of a passport, by the Marquis of Caermarthen. 
 
 The Judge of the Admiralty allowed the owners to 
 plead, and prove their property. 
 
 They proved their property, and the Judge restored the 
 ship and lading, but pronounced for just cause of seizure. 
 
 Appealed to the Lords. 
 
 They reversed the sentence, and condemned the ship 
 and lading for want of a passport. 
 
 Instructions, K. W. and Q. M., dated 2nd May, 1693, 
 art. 10. 
 
 Swedish ships must have passports according to the 
 treaty, art. 12. 
 
 Instructions, Q. Anne, 11th May, 1706. 
 
 Art. 8. Ships belonging to the subjects of Sweden shall 
 be visited and brought up in case they are not furnished 
 with passports, word for word according to the form pre- 
 scribed by the 12th article of the treaty between England 
 and Sweden, or in case there be just cause of sus- 
 picion. 
 
 1750. 
 
 June 29. 
 
APPENDIXES. 
 
 APPENDIX A. 
 
 EXTRACTS FROM TREATIES BETWEEN ENGLAND AND 
 THE FOLLOWING COUNTRIES. 
 
 ALGIERS. 
 1686. April 5. Arts. II. IV. 
 
 AMERICA. 
 1794. Nov. 19. Art. XVIII. 
 
 BRAZIL. 
 
 1827. Aug. 17. Art. XV. 
 
 DENMARK. 
 
 1669. Nov. 29. 
 
 1670. July 11. Arts. XVL XX. 
 XXL XXXIV. 
 
 1780. July 4. 
 
 FRANCE. 
 
 1655. Nov. 3. Art. XV. 
 
 1677. Feb. 24 Arts. IL IIL IV. 
 V. VI. VIL 
 
 1713. April 11. Arts. XVIIL 
 
 XIX. XX. XXL XXIV. XXV. 
 
 XXVL 
 
 1786. Sept. 26. Arts. XXI— XXIV. 
 XXVL XXVII. XXVIIL 
 
 1810. 
 
 PORTUGAL. 
 Feb. 19. Art. XXVIIL 
 
 RUSSIA. 
 
 1623. June 16. 
 1734. Dee. 2. Arts. XI. XIL 
 
 1766. June 20. Arts. X. XL 
 
 1797. Feb. 21. Arts. XL 
 
 1801. June 17. Arts. L IL IIL 
 
 1604. 
 1630. 
 1667. May 23. 
 
 SPAIN. 
 Aug. 18. Art. XX. 
 
 Arts. XIIL XIV. 
 XV. XXIIL XXIV. XXV. 
 
 STATES GENERAL. 
 
 1667. July 31. Art. IIL 
 
 1668. Feb. 17. Art. IL IIL IV. 
 VL VIL VIIL IX. 
 
 1674. Feb. 19. 
 
 1674. Dec. 1. Arts. II— VIL 
 
 SWEDEN. 
 
 1654. April. 11. Art. XL 
 
 1656. Arts. IL IIL IV. 
 
 1661. Oct. 21. Art. XL 
 
 1803. July 25. Arts. L IL IIL IV. 
 
 SPAIN AND THE NETHERLANDS. 
 1604. August 18. LoNBON. 
 
 Article XX. — And as the said Kings and Archduke and Arch. Treaty, 1732, 
 duchess solemnly promise never to give any warlike assistance to '^'ol' "• P- 13-1- 
 
208 
 
 APPENDIX A. 
 
 D'Hauterive, 
 5 torn. 366. 
 
 the enemies of either of them ; so it is likewise provided, that their 
 subjects or inhabitants, of whatever nation or quality they be, shall 
 not, either on pretence of trade or commerce or under any other 
 colour, assist the enemies of the said Princes, or of any one of them, 
 in any manner, nor furnish them with money, provisions, arras, 
 engines, guns, or instruments fit for war, nor afford any other 
 warlike furniture ; so that whosoever shall contra vene, shall be liable 
 to the severest punishments as covenant breakers and seditious 
 persons. 
 
 Dumont, 5 torn. 
 436. D'Hau- 
 terive, 7 torn. 
 181. 
 
 Treaty, 1732, 
 vol. ii. 275. 
 Dumont, 5 torn. 
 619. 
 
 RUSSIA. 
 1623. June 16. Westminster. 
 It is further concluded, that neither of the said renowned Princes 
 shall aid or assist the other's enemy, which at this present is or 
 hereafter may be, with men-of-war, munition, victuals, or other 
 suchlike material or provision for the war, nor shall suffer any 
 armies of soldiers from other princes' dominions to be conveyed 
 through his kingdoms and dominions against his said confederate, 
 but on the other side shall seek to turn away that which might 
 stretch to the enemy's purpose, and to avoid, divert, and impeach 
 all hurtful practices which might any way arise or happen to his 
 said confederate. 
 
 SPAIN. 
 1630. November 15. Madmd. 
 Article XVIII. — And whereas the said Kings solemnly promise 
 never to give any warlike assistance to the enemies of one another, 
 so it is likewise provided that their subjects or inhabitants, of what- 
 ever nation or quality they be, shall not, on pretext of trade and 
 commerce or under any other colour whatsoever, succour the 
 enemies of the said Kings or any of them in any manner, nor 
 furnish them with money, nor afford them provisions, arms, engines, 
 guns, instruments of war, or any other warlike machines ; and who- 
 soever shall contravene shall be most severely punished as seditious 
 persons and breakers of faith and peace. 
 
 FRANCE. 
 
 1655. November 3. Westminster. 
 Between Louis XI V. and Cromwell. 
 
 I'™o°t'6t"'»- Article XV. — That till such time as there is a possibility of 
 terive 2 tonT" ^^^^^S ^ ™o''e certain and absolute stipulation for removing the evils 
 
 ' Vide ante, p. 94. De Providentia, and printed case on appeal. 
 
APPENDIX A. 
 
 209 
 
 and inconveniences which may happen at sea, 'tis agreed that for 
 the space of four years next ensuing the ratification of the present 
 treaty, all ships belonging to the subjects and people on both sides, 
 and trading to the Mediterranean, the Eastern Sea, or the Ocean, 
 shall be free together with their cargoes, although they have mer- 
 chandize on board, even corn or pulse, which are for the use of the 
 enemies of either, excepting nevertheless such goods as are for- 
 bidden and contraband, as gunpowder, muskets or iron barrels, and 
 all sorts of arms, ammunition, horses, and military furniture, nor 
 shall they transport or carry any men to the use of the enemies of 
 either, in which case both the ships and military furniture and the 
 merchandize shall be deemed lawful prize, and the same shall be 
 executed with severity upon those who shall bring any men, corn, 
 or provisions to any places whatsoever besieg'd by either of the 
 partys. 
 
 SWEDEN. 
 
 1654. April 11. Upsal. 
 
 Treaty between Cromwell and Christina, Queen of Sweden. 
 
 Article XI. — Although the preceding articles of this treaty, and Dumont, 6 torn. 
 the laws of friendship forbid, that either of the confederates shall P*- 2. 80. " 
 give aid and assistance to the enemies of the other, yet it must by ^^^}^' 1^32, 
 no means be understood, that that confederate, with the subjects and rhaiiners ' vol 
 inhabitants, who are not involved in war, shall carry on no manner ;_ 20. ' 
 of trade and navigation with the enemies of that confederate, who 
 is engaged in the war. Only it is hereby provided, in the mean 
 time, till all the rules appertaining to this matter are settled, that 
 no merchandize of that sort which shall be deemed contraband 
 (which shall be specified by a particular catalogue, to be settled 
 within four months) shall be carried to the enemies of the other, 
 without danger of being made prize, and without hopes of redemp- 
 tion, if they are seized by the other confederate, 
 
 1656. London. 
 Treaty between Cromwell and Charles Gustavas, King of Sweden. 
 
 Article II. '^-Whereas in the Xlth Article of the Treaty lately Dumont atom, 
 
 made at Upsal in l654, betwixt England and Sweden, it was agreed pt. 2. 125. 
 
 and specified what goods and merchandize should hereafter be Chalmers, vol. 
 
 declared contraband and prohibited ; it is now by virtue of the said >■ P- 32. 
 
 1 This Article is extracted from a " Collection of Treaties." London, 
 1732. 
 
 P 
 
210 APPENDIX A. 
 
 article established, that only those hereafter mentioned shall be 
 reckoned prohibited, and consequently not to be disposed of to the 
 enemies of either, viz. bombs with their fusees and other appur- 
 tenances, fire-balls, gunpowder, matches, cannon-ball, spears,, 
 swords, lances, pikes, halberts, guns, mortars, petards, granadoes, 
 musket-rests, bandaliers, saltpetre, muskets, musket-balls, helmets, 
 headpieces, breastplates, coats of mail, cuirasses, and the like kind 
 of arms ; soldiers, horses, with all their furniture, pistols, houlsters, 
 belts, and all other warlike instruments; and also ships of war. 
 Money shall also be reckoned among the goods with which the 
 enemies are not to be supplied, and which it shall not be lawful to 
 carry to the enemies of either, any more than the things above- 
 mentioned, on the penalty of being made prize without hopes of 
 redemption, if they are seized by either of the confederates. Nor 
 shall either of the confederates permit that the enemies or rebels of 
 the other be assisted by any of their subjects, or that their ships be 
 sold, lent, or in any manner made use of by the enemies or rebels 
 of the other, to his disadvantage or detriment. 
 
 Article III. — But it shall be lawful for either of the confederates, 
 and his people or subjects, to trade with the enemies of the other, 
 and to carry them any goods whatsoever, which are not excepted as 
 above, without any impediment: provided they are not carried to 
 those ports or places which are besieg'd by the other; in which 
 case they shall have leave either to sell their goods to the besiegers, 
 or to repair with them to any other port which is not besieged. 
 Dumont, 6 torn. Article IV. — "WTiereas in the Xlth Article of the Treaty con- 
 p. 126. eluded at Upsal the llth of April, 1654, between Sweden and Eng- 
 
 land, it was agreed, that although it was precautioned and prohibited 
 by the preceding articles that either of the confederates should give 
 aid and assistance to the enemies of the other, yet it ought not to 
 be understood, that that confederate who is not involved in war with 
 the enemy of the other, shall not be allowed to carry on trade with 
 the said enemy of that confederate : but it was only provided thereby, 
 till there should be a farther agreement concerning this matter, that 
 no goods or merchandize which we commonly call contraband shall 
 be carried to the enemy of the other, without danger of being made 
 prize, and without hopes of redemption, if they are seized by the 
 other confederate. In like manner, whereas by the Xllth Article 
 of the said Treaty, for the evading of all ' suspicions, lest the navi- 
 gation or commerce of one of the confederates, whether by land or 
 sea, should be carried on during war to the prejudice of the other 
 confederate, or lest the goods of enemies should be carried under the 
 disguise of the goods of friends, it was stipulated and concluded, 
 that all ships, carriages, wares, and men, belonging to the other of 
 the confederates, should be furnished in their journey and passage 
 with safe conducts, commonly called passports, and certificates. 
 
APPENDIX A. 211 
 
 signed by the chief governor or magistrate of that province and city 
 from whence they came ; and that those forms of the passports and 
 certificates were to be observed on which the confederates should 
 mutually agree on both sides ; and when the merchandize, goods, 
 ships, men, of either of the confederates, and his subjects and inha- 
 bitants, shall meet or be met by the ships of war, public or private, 
 or the subjects and inhabitants of the other confederate, in the open 
 sea, straits, harbours, havens, lands, and other places, wheresoever 
 or howsoever they shall come together, after producing only their 
 safe conducts and certificates, nothing farther should he demanded 
 of them, no inquiry whatsoever should be made into the ships, 
 goods, or men, much less should they be injured, damaged, or 
 molested, but should be freely let go to prosecute their journey and 
 purpose, as is above signified. 
 
 And whereas by the XlVth Article it was stipulated, that the 
 said Treaty and Confederacy should derogate nothing from any pre- 
 eminence of right and dominion whatsoever of either of the con- 
 federates, in any of their seas, straits, and waters whatsoever, but 
 that they should have and retain the same to themselves in as ample 
 a manner as they had all along enjoyed them, and as by right to 
 them belonged ; now, therefore, that a fitting draught of such cer- 
 tificates and passports may be formed and observ'd, which may be 
 answerable to the meaning of the aforesaid articles, it is agreed and 
 concluded on both sides, that for avoiding all frauds and conceal- 
 ments whatsoever of the enemy's goods, and all occasions of quarrels 
 as to any certificates and passports, such forms as are underwritten 
 verbatim, shall be observed, and subscribed and signed by the chief 
 magistrate of that province and city from whence tliey come ; that 
 then the true names of the ships, carriages, merchandize, and masters 
 of the ships be specified ; as also the punctual days and times, 
 without any fraud, together with other descriptions of that sort, 
 which are expressed in tlie following form of a safe conduct or 
 certificate. Wherefore, if any person who shall declare upon the 
 oath by which he is bound to his king, state, or city, that he has 
 given in a true account, be convicted by sufiicient proof of having 
 conceal'd any fraud by his permission under his said declaration, 
 he shall be severely punished as a transgressor of the said oath. 
 
 We N. N. governor or chief magistrate of the province or city of 
 N. (the title or ofiice of the respective government of that place 
 being added) do make known and certify, that on the 
 day of the month of anno N. N. N. citizens 
 
 and inhabitants of N., and who are engaged and bound as subjects 
 of his most Serene Royal Majesty of Sweden, and to our city, or of 
 the most Serene Lord Protector our most Gracious Lord, and to our 
 city, personally appeared before us in the city or town of N. in the 
 
 p 2 
 
213 APPENDIX A. 
 
 dominion (of his most Serene Royal Majesty of Sweden, or of the 
 most Serene Lord Protector of England, just as it shall happen) and 
 declar'd to us, that the ship or vessel called N. of ahout 
 
 lasts or tons, helongs to the port, city^ or town of N., 
 in the dominion of N., and that the said ship does rightfully belong 
 to him or other subjects of his most Serene Royal Majesty of Sweden, 
 or of the most Serene Lord Protector^ that she is now hound directly 
 from the port N. to the port N., laden with the following merchan- 
 dize, viz. [here shall he specified the goods, with their quantity and 
 quality ; for example, about so many chests or bales, hogsheads, 
 &c., according to the quantity and condition of the goods], and 
 affirmed upon oath to the aforesaid N. that the said goods or mer- 
 chandize belong only to the subjects of his most Serene Royal 
 Majesty of Sweden, the most Serene Lord Protector of England ; 
 or expressing to whatever other nation they belong, and that N. N. 
 N. have declared upon their said oath that the said goods above 
 specified, and no others, are already put on board, or are to be put 
 on hoard the abovenam'd ship for the said voyage, and that no part 
 of those goods belong to any one whatsoever, but the persons above- 
 mentioned ; and that no goods are disguised or concealed therein by 
 any fictitious name whatsoever, but that the merchandize above- 
 mentioned is truly and really put on board, for the use of the said 
 owners and no others ; and . that the captain of the said ship named 
 N. N. is a citizen of the city of N. Therefore whereas after strict 
 examination by us the abovemeritioned (governor or chief magistratie 
 of the city aforesaid) it fully appears that the goods on board the said 
 ship or vessel are free, and do truly and really belong to the subjects 
 of his most Serene Royal Majesty of Sweden, or of the most Serene 
 Protector, or to the inhabitants of other nations abovementioned ; 
 we do most humbly and earnestly require it of all and singular the 
 powers by land and sea, kings, princes, republics and free cities j 
 also of the generals of armies, admirals, commanders, officers and 
 governors of ports, and all others to whom the custody of any 
 harbour or sea is committed, which meet this ship in her voyage ; 
 or if she happen to fall in, among, or pass through their squadrons, 
 or to stay in their harbours, that for the sake of the treaties and 
 friendship which subsist respectively between them, or whoever are 
 his superiors, and the most Serene King of Sweden, or the most 
 Serene Lord Protector our most Gracious Lord, they will not only 
 permit the said captain with the said ship N. and the men, goods, 
 and merchandize to her belonging, to prosecute her voyage freely 
 without lett and molestation ; but also, if he think fit to depart else- 
 where from such harbour, that they will show all kind offices to him 
 and his ships as a subject of his most Serene Royal Majesty of 
 Sweden, or of the most Serene Lord Protector, as they shall in like 
 manner experience the same from our most Serene King, or our 
 
APPENDIX A. 
 
 213 
 
 most Serene Lord Protector, and all his ministers and subjects in 
 the like or any other case. In witness whereof we have taken eare 
 that these presents signed by our hands be sealed with the seal of 
 our city. Given at our Court. 
 
 1661. October 21. Whitehall. 
 Treaty between Charles II. of England and Charles XI. of Sweden. 
 
 Article XI. — Although the foregoing Articles of this Treaty 
 and the laws of friendship do foi'bid, that either of the confederates 
 shall furnish any aid or supplies to the enemies of the other, yet it 
 is by no means to be understood, that either confederate, with his 
 subjects and inhabitants, who is not a party in a war, shall be re- 
 strained the liberty of trade and navigation with the enemies of the 
 other confederate who is involved in such war ; provided only 
 that no goods ' called contraband, and especially money, provisions, 
 arms, bombs with their fuzees and other appurtenances, fire-balls, 
 gunpowder, matches, cannon-ball, spears, swords, lances, pikes, hal- 
 berts, guns, mortars, petards, grenadoes, musket-rests, bandeliers, 
 saltpetre, muskets, musket-bullets, helmets, headpieces, breastplates, 
 coats of mail commonly called cuirasses, and the like kind of arms ; 
 soldiers, horses with the furniture ; nor pistols, belts, or any other 
 instruments of war ; nor ships of war and guardships, be carried to 
 the enemies of the other confederate, on the penalty of being made 
 prize without hopes of redemption, if they are seized by the other 
 confederate ; nor shall either confederate permit that the rebels 
 or enemies of the other be assisted by any of his subjects, or 
 that any ships be sold or lent or in any manner made use of by the 
 enemies or rebels of the other to his disadvantage or detriment. 
 But it shall be lawful for either of the confederates and his people or 
 subjects to trade with the enemies of the other, and to carry them 
 any merchandize whatsoever not above excepted without any impe- 
 diment; provided they are not carried to those parts or places 
 
 Dumout, 6 torn, 
 pt. 2. 384. 
 D'Hauterive, 
 7 torn. 263. 
 Chalmers, vol. 
 i. p. 44. 
 Dumont, 6 torn. 
 386. 
 
 D'Hauterive, 
 7 torn. 263. 
 
 ' Cautum tantummodo sit interim 
 ne merces ullae vocatse coutrabandae 
 et specialiter nee pecunia, nee com- 
 meatus, nee arma, bombardse cum 
 suis igniariis et aliis ad eas perti- 
 nentibus, ignes missiles, pulvis tor- 
 mentarius, fomites, alias lunten, 
 globi, cuspides, enses, lancese, bastae, 
 bipennes, tormenta, tubi catapul- 
 tarii, vulgo mortaria, inductiles 
 sclopi, vnlgo petardfe, glandes ig- 
 niariae, missiles, vulgo granadse, 
 furcse sclopetariEB, bandeliers, sal- 
 
 p3 
 
 petrae, sclopeti, globuli, seu pilae 
 quae sclopetis jaeulantur, cassides, 
 galeae, tboraces loricatae vulgo cui- 
 rasses, et similia armaturae genera, 
 milites, equi, omnia ad instruendos 
 equos necessaria, sclopethecse, bal- 
 thei et quaecunque alia bellica in- 
 strumenta, uti nee naves bellicae et 
 presidiariae hostibus suppeditandae 
 devehantur ad alterius hosles, sine 
 periculo, si ab altero confoedera- 
 torum deprehendantur, quod predse 
 cedant absque spe restitutionis. 
 
214 
 
 APPENDIX A. 
 
 which are besieged by the other^ in which case they shall have free 
 leave either to sell their goods to the besiegers or to repair with 
 them to any other port which is not besieged.^ 
 
 Article XII. — But least such freedom of navigation and passage 
 of the one confederate might be of detriment to the other while en- 
 gaged in war by sea or land with other nations, by concealing and 
 conveying the goods and merchandizes of the enemies of the confe- 
 derates so engaged in war under the name of a friend and ally^ for 
 the avoiding of all suspicion and fraud of such sort, it is agreed 
 that all ships, carriages, wares, and men belonging to the other con- 
 federate, shall be furnished in their journeys and voyages with safe 
 conducts, commonly called passports, and certificates, such as are 
 underwritten verbatim, signed and subscribed by the chief magis- 
 trate of that province and city, or by the chief commissioners of the 
 customs and duties, and specifying the true names of the ships, car- 
 riages, goods, and , masters of the vessels, as also the exact dates 
 without any fraud or collusion, together with such other descriptions 
 of that sort as are expressed in the following form of a safe conduct 
 and certificate. Wherefore, if any person shall affirm upon the oath 
 by which he is bound to his king, state, or city, that he has given 
 in true accounts, and be afterwards convicted on sufficient proof of 
 any wilful fraud therein, he shall be severely punished, and incur 
 the penalty of perjury. 
 
 Formula Litterarum certifica- 
 toriarum. 
 
 Nos N. N. gubernator aut su- 
 premus magistratus, aut teloneo- 
 rum et costumarura commissarii 
 civitatis vel provinciae N. (appo- 
 sito titulo aut officio respective 
 gubernamenti istius foci), notum 
 
 English Form of the Passport. 
 
 We N. N. governor or chief 
 magistrate, or the commissioners 
 of the duties and customs of the 
 city or province of N. {the title 
 or office of the respective govern- 
 ment of that place being added), 
 
 ' A similar clause is met ■with in 
 other treaties ; thus, in one between 
 Denmark and the King of the Two 
 Sicilies : — 
 
 " Article XVI. — II sera permis 
 aux sujets de I'un des deux rois con- 
 tractans d'avoir et de continuer leur 
 commerce avec les ennemis de 
 I'autre ; leur apporter, sans aueun 
 empechement, toutes sortes de mar- 
 chaudises, a Texception de celles 
 qui sont de contrabande ; a uioins 
 
 que ce ne soit dans une ville, port, 
 ou endroit assiege j auquel cas il 
 leur sera libre toutcfois de vendre 
 leur marchandises aux assiegeans, 
 ou de les aller vendre et porter en 
 quelque autre ville, port ou endroit 
 qui n'est pas assi(gi " And also in 
 the 15th Article of that between 
 Denmark and Genoa, Paris, 13th 
 May, 1756. Vide Hubner, Sur la 
 saisie des Batimens Neutres, 2 torn, 
 pt. 2. p. 144. 
 
APPENDIX A. 
 
 215 
 
 testatum que facimus quod die 
 tnensis anni personaliter co- 
 ram nobis comparuerint in ci- 
 vitate aut oppido N. ditionis 
 Sacrse Regiae Majestatis Suecise, 
 vel Sacrse Regiae Majestatis Mag- 
 nte Brittanise (quemadmodum ca- 
 sus Juerit), N. N. N. cives et 
 habitantes in N. ac subditi Sacrse 
 Regise Majestatis Suecise, vel Sa- 
 crse Regise Majestatis Magnse 
 BrittannisEj atque sub fide illius 
 juramenti quo Sacrse Regise Ma- 
 jestatis Suecise domino nostro 
 clementissimo et civitati nos- 
 trse vel Sacrse Regiae Majestatis 
 Magnse Brittanniae et civitati 
 nostrse attinentur et obstricti sunt, 
 nobis declaravere quod navis aut 
 navigium N. dictum, N. lastarum 
 aut tonnarum capax, pertineat 
 ad portum, civitatem aut oppidura 
 N. ditionis N. quodque dicta 
 navis ejus aut subditorum Sacrse 
 Regiae Majestatis Suecise, vel Sa- 
 crffi Regise Majestatis Magnse 
 Brittanniae, justo titulo propria 
 sit, jam vero de portu N. iter vel 
 itinera directe destinasse ad N. 
 sequentibus onustam mercibus, 
 videlicet (hie specificentur bona 
 cum quantitate et qualitate eorum, 
 e. g. tot eirciter plaustra vel in- 
 volucra, tot eirciter dolia, et-ce- 
 tera, quemadmodum quantitas et 
 conditio mercium fuerit), iidem- 
 que asseveraverunt sub juramento 
 prsedicto tantura N. ex dictis 
 bonis mercibusque ad subditos 
 Sacrse Regiae Majestatis Sueciae, 
 vel Sacrse Regise Majestatis Mag- 
 nse Britannise, vel tantum N. ad 
 N. N. N. {cujuscunque nationis 
 possessores fuerint exprimatur) 
 pertinerCj quodque N. N. N. sub 
 fide dicti juramenti affirmaverint 
 
 do make known and certify, that 
 on the of the month of 
 
 in the year of 
 personally appeared before 
 us in the city or town of N. in 
 the dominions of his Sacred Royal 
 Majesty of Sweden, or of Great 
 Britain (as the case may be), 
 N. N. N. citizens and inhabi- 
 tants in N., and subjects of his 
 Sacred Royal Majesty of Sweden, 
 or of Great Britain, and declared 
 to us upon the oath by which 
 they are held and bound to our 
 Most Gracious Sovereign his 
 Sacred Royal Majesty of Swe- 
 den, or Great Britain, and to our 
 city, that the ship or vessel 
 called N. of about lasts 
 
 or tons, belongs to the port, city, 
 or town of N. in the dominions 
 of N., and that the said ship 
 does rightfully belong to him or 
 other subjects of his Sacred Roy- 
 al Majesty of Sweden, or Great 
 Britain, that she is bound di- 
 rectly from the port of N. to the 
 port of N., laden with the fol- 
 lowing merchandize, viz. {here 
 shall be specified the goods with 
 their quantity and quality, for 
 example, about so many chests or 
 bales, about so many hogsheads, 
 SjC, according to the quantity 
 and condition of the goods), and 
 likewise affirmed on the oath 
 aforesaid, that so much only of 
 the said goods and merchandize 
 belong to the subjects of his 
 Sacred Royal Majesty of Sweden 
 or Great Britain, or so much of 
 such goods belong to N. N. N. 
 (specifying what nation the pro- 
 prietors are of), and that they 
 declared upon their said oath, 
 that the said goods above speci- 
 4 
 
216 
 
 APPENDIX A, 
 
 dicta bona superius speciflcata et 
 non alia esse imposita aut irapo- 
 nenda in praenominatam navim 
 pro dicto itinere, et quod nulla 
 pars eorura bonorum ad alium 
 quenquam pertiiieat, quam hosce 
 supradictos, neque in ilia sub quo- 
 cunque flctitio nomine alia bona 
 colorata aut celata sint, sed vere 
 ac realiter praenominatas merces in 
 usum dictorura proprietariorum 
 impositas esse et non aliorum, 
 quodque dictse navis navarchus 
 nominatus N. cives sit civitatis N. 
 Idcirco cum post exactam exami- 
 nationem nobis supradictis (^gu- 
 bernatori aut supremo magistra- 
 tui aut teloneorum et costumarum 
 commissariis civitatis preBdictce) 
 sufficienter constet, dictam navim 
 aut navigium bonaque imposita li- 
 bera esse ac vere et realiter perti- 
 nere ad subditos Sacrae Regiae Ma- 
 jestatis Sueciae, vel Sacrae Regiae 
 Majestatis Magnee Brittanniae, 
 vel aliarum nationum incolas su- 
 pradictos, ab omnibus proinde 
 ac singulis terrarum mariumque 
 potestatibus, regibus, principibuSj 
 rebus publicis ac liberis eivitati- 
 bus, nee non bellorum ducibns, 
 thalassiarchis, generalibus, ofH- 
 cialibus portuumque praefectis 
 aliisque omnibus quibus custodia 
 aliqua portus aut maris commissa 
 est, quibuscunque navim banc na- 
 vigando obviam venire, quorum- 
 cunque in classes forte incidere 
 et transire aut in portubus morari 
 contigeritj humillirae et ofBciose 
 requirimus ut ratione foederum et 
 amicitise quae respective unicuique 
 aut superioribus cujuscunque est 
 ac cum Sacra Regia Majestate 
 Suecise rege ac domino nostro 
 clementissimOj vel cum Sacra Re- 
 
 fiedj and no others, are put on 
 board, or are to be put on board, 
 the above-named ship for the 
 said voyage, and that no part of 
 those goods belong to any other 
 person whatsoever but those 
 above-mentioned, and that no 
 goods are disguised or concealed 
 therein under any fictitious name 
 vfhatsoever, but that the wares 
 above-mentioned are truly and 
 really put on board for the use 
 of the said owners and no others, 
 and that the captain of the said 
 ship named N. is a citizen of the 
 city of N. Therefore since it 
 fully appears to us the governor 
 {or chief magistrate or commis- 
 sioners of the duties and customs 
 of the city aforesaid"), after strict 
 examination, that the said ship 
 or vessel, and the goods on board 
 the same, are free, and do truly 
 and really belong to the subjects 
 of his Sacred Royal Majesty of 
 Sweden vr Great Britain, or to 
 the inhabitants of other nations 
 as aforesaid, we do most humbly 
 and earnestly require of all and 
 singular powers by land and sea ; 
 kings, princes, republics, and 
 free cities ; also of all generals, 
 admirals, officers, and governors 
 of ports, and all others guarding 
 any harbour or sea, which may 
 happen to meet this ship in her 
 voyage, or if she chance to fall 
 in among or pass through their 
 squadrons, or to stay in their 
 harbours, that, for the sake of 
 the alliance and friendship which 
 subsist respectively between them 
 or their superiors and his Sacred 
 Royal Majesty our most Gracious 
 Sovereign the King of Sweden 
 or Great Britain, they will not 
 
APPENDIX A. 
 
 217 
 
 only pennit the said captain with 
 the said ship N.j and the men, 
 goods, and merchandizes belong- 
 ing to the same, to prosecute his 
 voyage freely, without let or mo- 
 lestation, but also if he think 
 fit to depart out of the said har- 
 bour elsewhere, that they will 
 show all kind offices to him and 
 his ship, as a subject of his Sa- 
 cred Royal Majesty of Sweden or 
 Great Britain, as they shall in 
 like manner experience the same 
 from his Sacred Royal Majesty 
 of Sweden or Great Britain, and 
 from all his ministers and sub- 
 jects in the like or any other 
 case. In witness whereof we 
 have taken care that the said 
 presents, signed by our own 
 hands, be sealed with the seal of 
 our city . Given, &c. 
 
 gia Majestate Magna Britanniee 
 rege ac domino nostro clementis- 
 simo intercedit, dictum navar- 
 chum cum navi N., et personis, 
 rebus ac mercimoniis ad eandem 
 spectantihus, non modo sine im- 
 pediraento ac molestiis iter suum 
 libere prosequi permittant, sed 
 etiara, si ex dicto portu alioquovis 
 tendere commodum duxerit, ei 
 tanquam Sacrse Regise Majestatis 
 Suecise vel Sacrae Regife Majes- 
 tatis Magnae Britanniae subdito 
 cum navi sua omnia humanitatis 
 officia exhibeant eadem vicissim 
 a Sacra Regia Majestate Sueciae, 
 vel a Sacra Regia Majestate 
 Magnae Britanniae omnibusque 
 ejus ministris et subditis in pari 
 vel alio casu experturi. In cujus 
 rei fidem praesentes manu sub- 
 scriptas civitatis nostrse sigillo, 
 muniri curavimus. Dabantur, et 
 cetera. 
 
 Therefore, when the goods, ships, or men of either confederate, 
 or his subjects and inhabitants, shall meet in the open sea, or in any 
 ports, havens, countries, or places whatsoever, with any ships of 
 war or privateers, or any subjects and inhabitants of the other con- 
 federate, after producing their letters of safe-conduct and certificates 
 aforesaid, nothing farther shall be demanded of them, nor any 
 inquiry whatsoever made with respect to the goods, ships, or men, 
 much less shall they be injured, damaged, or molested, but they 
 shall be suffered freely to prosecute their voyage and purpose. But 
 in case that the said solemn and stated Form of Certificate be not 
 produced, or there be any other just and strong cause of suspicion 
 why a ship ought to be searched, which shall only be deemed justi- 
 fiable in such case, and not otherwise, if the goods of an enemy are 
 then found in such ship of the confederate, that part only which 
 belongs to the enemy shall be made prize, and what belongs to the 
 confederate shall be immediately restored. The same rule shall 
 likewise be observed if the goods of the other confederate are found 
 on board a ship of an enemy. If anything be done by either party 
 contrary to the genuine sense of this Article, both confederates shall 
 take care that the severest punishments due for the most heinous 
 crimes, be inflicted on such of their subjects and inhabitants as 
 
218 
 
 APPENDIX A. 
 
 shall offend herein, for their contempt and transgressions of the 
 royal commands, and that full and immediate satisfaction be made 
 to the injured party for all damage and expenses (of which the 
 most summary proof shall be admitted) by the other confederate, 
 or his subjects and inhabitants, without any intricate niceties of the 
 law. 
 
 terive, 5 tom. 
 408. Chal- 
 mers, vol. ii, 
 p. 13. 
 
 SPAIN. 
 May 23. 1667. 
 
 Damont,7tom. Article XIII It shall be lawful for the ships of the people 
 
 p. 27. D'Hau- j,,^ subjects of either of the confederates to cast anchor in the 
 coasts, bays, or any stations or roads for ships belonging to the 
 other confederate, without being in any wise constrained to enter 
 into any neighbouring port ; and in case any ship, being forced by 
 stress of weather, or danger of enemies or pirates, or by any other 
 accident, should be necessitated to come into port, provided it ap- 
 pears that she is not bound to an enemy's port with prohibited 
 goods, commonly called contraband (concerning which she shall not 
 be questioned without clear proofs), such ship may sail out of port 
 whensoever they think fit, and return to sea without any impedi^ 
 ment whatsoever; upon that condition, however, that they do not 
 break bulk, and that no part of the cargo be exposed to sale, or 
 opened in port. But when they have cast anchor, and are stationed 
 in port, to prevent all trouble whatsoever about visiting or searching, 
 it shall be suiEcient for them to have in readiness and to produce 
 their letters of safe conduct, or other papers of their intended 
 voyage, and certificates of their cargo ; which, being exhibited and 
 shown to the officers of either king, when the matter requires it, 
 such ships shall be permitted to pursue their intended voyage with- 
 out further molestation. 
 
 Article XIV. — The ships of war, whether they belong to either 
 of the said kings, or be privateers belonging to the subjects of either, 
 when they meet with any merchant ships either riding at anchor or 
 sailing in the open sea, shall keep without cannon-shot of them, 
 and shall not approach nearer, in order to prevent all damage anti 
 violence ; but they may send their boat or pinnace, with two or 
 three men only on board the merchant ship, to whom the master or 
 owner shall produce his passport and sea letters, prepared according 
 to the form annexed to this treaty ; whereby they may be certified 
 not only of the merchandizes with which the ship is laden, but also 
 of the place to which she belongs within either king's dominions, 
 and name of the ship, master and owners ; by which means it may 
 
APPENDIX A. 219 
 
 be sufficiently known what sort of goods are on board her, whether 
 any such as are prohibited or contraband ; and who is the master or 
 owner, and what kind of a ship it is. Moreover, such passports 
 and sea letters shall be of the more undaubted credit.and authority, 
 that as well on the part of the King of Great Britain as of the King 
 of Spain, they shall (if the same be found necessary) be corrobo- 
 rated with certain counter-signed certificates, whereby they may be 
 more authentic, and the imposition of false ones may be prevented. 
 
 Article XV. — If any prohibited merchandizes or goods are ex- 
 ported out of the kingdoms, dominions, or territories of either king, 
 by the people or subjects of the other, in such case the prohibited 
 goods only, and no other, shall be confiscated; nor shall the delin- 
 quent in such case incur any further penalty, unless haply he con- 
 vey away and export out of the kingdoms or dominions of Great 
 Britain any money or proper coin of that country, or wool, or what 
 they call FuUers'-earth ; or, out of the dominions of the King of 
 Spain, any gold or silver, either coined or uncoined ; in V7hich cases 
 the laws of each country shall on both sides liave their due force and 
 effect. 
 
 Article XXIII. — And in case any prohibited goods, commonly 
 called contraband, which are here particularly mentioned, shall be 
 discovered by the aforesaid means to be on board such ship, they 
 shall be taken out of the ship and legally proceeded against and con- 
 fiscated by the Judges of the Admiralty, or other competent Judges ; 
 but so as the ship itself, and the other free and allowed goods found 
 in such ship, shall in no wise be seized or confiscated on that 
 account. 
 
 Article XXIV^ — Moreover, to prevent as far as may be all con- 
 troversy which may arise concerning such goods as are to be deemed 
 prohibited or contraband', it is declared and agreed, that under that 
 name are comprehended all fire-arms, as war-like ordnance, mus- 
 kets, mortar-pieces, petards, bombs, granadoes, flre-crancels, fire-: 
 balls, carriages of guns, musket-rests, bandeliers, gunpowder, 
 match, saltpetre, bullets, and balls ; likewise, under the same name 
 of prohibited goods, are comprehended all other kind of arms, as 
 pikes, swords, pots, helmets, backs and breasts, halberts, javelins, 
 and such like ; under the same name likewise is prohibited the 
 
 ' Sous ce nom la seront com- toutes autres sortes d'armes, comme 
 
 prises toute sorte d'armes h feu, picques, espees, morions, casques, 
 
 comme d'artillerie, mousquets, mor- cuirasses, hallebardes, javelines, et 
 
 tiers, petards, bombes, grenades, toutes autres sortes d'armes ; et que 
 
 saucisses, boulets k feu, fourchettes, sous ce nom, on deffend encore le 
 
 baDdolleres, poudres, meche, sal- transport de soldats, de chevaux, 
 
 petrc, balles ; comme aussi que sous leurs harnois, pistolets, fourreaux, 
 
 le nom de marchandises deffen- baudriers, et autres assortissemens 
 
 dues seront comprises et entendues servans a I'usage de la guerre. 
 
220 
 
 APPENDIX A. 
 
 What goods 
 are not to be 
 deemed con- 
 traband. 
 
 The form of 
 certificatory 
 letters. 
 
 transportation of soldiers and horses, together with their harnesses, 
 cases of pistols, holsters, belts, and all kinds of warlike furniture 
 whatsoever. 
 
 Article XXY Likewise for the avoiding of all matter of dispute 
 
 and contention, it is agreed, that under the name of goods prohibited 
 and contraband are not comprehended corn', wheat, or any other 
 grain, or pulse, salt, wine, oil, or any thing appertaining to the 
 nourishment and support of life ; but they shall remain free ; as 
 likewise all other goods not mentioned in the foregoing article, the 
 transportation of which shall be allowed even to places belonging to 
 enemies, excepting cities and places besieged and blocked up. 
 
 The Form of the Certificatory Letters to he given by the Towns and 
 Sea Ports to the Ships and Vessels setting sail from thence. 
 To all unto whom these presents shall come : We the governorSj 
 consuls, or chief magistrate, or commissioners of the customs of the 
 city, town or province of N. do testify and make known, that N. N. 
 master of the ship N. hath before us under solemn oath declared, 
 that the ship N. of tons (or thereabouts) of which he is at 
 
 present master, doth belong to the inhabitants of N. in the dominions 
 of the Most Serene King of Spain : And we being desirous that the 
 said master may be well used and assisted in his voyage and busi- 
 ness, do intreat all persons who shall meet him, and those of all 
 places where the said master shall come with the said ship and her 
 merchandize, that they would admit him favourably, treat him kindly, 
 and receive the said ship into their ports, bays, havens, rivers, and 
 dominions, permitting her quietly to sail, pass, repass, and trade 
 there, or in any other places, as shall seem good to the said master, 
 he paying all duties and customs which of right shall be due : which 
 we will acknowledge gratefully upon the Uke occasions. In witness 
 whereof we have signed these presents, and sealed them with the 
 seal of our town. 
 
 Chalmers, 
 vol. i. 153. 
 D'Hauterivp, 
 7 torn. 5. 
 
 STATES GENERAL. 
 1667. July 31. 
 
 By the 3rd Article of this Treaty it was " covenanted and agreed 
 that the Treaty of Navigation and Commerce made between the most 
 
 ' Np. seront pas comprises les fro- 
 mens, bleds, orges et autres grains 
 ou legumes, sel, vinaigre, huile, et 
 generalleraent tons ce qui appar. 
 
 tient El la nourriture et sustentation 
 de la vie, mais qu'ils demeureront 
 libres. 
 
APPENDIX A. 
 
 Christian King and the said States General (beginning from the 26th 
 unto the i^aA Article inclusively), in that manner and tenor wherein 
 they follow, there inserted in the French language, should provision- 
 ally serve for a rule and law." And these articles were introduced 
 nearly word for word in the following treaty of February, I668 : 
 
 i221 
 
 1067 — 8. February 17. Hague. 
 
 Article II. — This freedom of navigation and commerce shall Dumont,7tom. 
 extend to all sorts of merchandize, excepting contraband goods. ^^•. D'Hau- 
 
 Article III. — This term of contraband goods is to be understood ^^n"^A^ f°™" 
 to comprehend only all sorts of Are arms, and their appurtenances, ypj_ j j^gg ' 
 as cannon, muskets, mortar pieces, petards, bombs, grenadoes, fire 
 crancels, pitched hoops,, carriages, rests, bandeliers, powder, match, 
 saltpetre, bullets, pikes, swords, morions, headpieces, coats of mail, 
 halberts, javelins, horses, horse furniture, great saddle holsters, belts, 
 and other utensils of war, called in French Assortiments servans d, 
 I'usage de la Guerre. 
 
 Article IV. — Under the head of contraband goods, these follow- 
 ing shall not be comprehended : corn, wheat, or other grain ; pulse, 
 oils, wines, salt, or generally any thing that belongs to the nourish- 
 ment or sustenance of life ; but they shall remain free, as likewise all 
 other merchandizes and commodities not comprehended in the fore- 
 going article, and the transportation of them shall be permitted even 
 unto places at enmity with the said States General, except such cities 
 and places as are besieged, blocked up, or invested. 
 
 Article VI. — In like manner those English ships and vessels, 
 that ride in the bays, or like places, appertaining to the dominions of 
 the said States, which yet have neither any intention to enter into 
 port, or when entered to unlade their cargo, shall not be bound to 
 give an account of the cargo aboard, unless they are suspected of a 
 design to carry contraband goods to the enemies of the States as 
 aforesaid. 
 
 Article VII. — But in case of a lawful suspicion, the subjects of 
 the King of Great Britain are bound to produce their passports in 
 the ports, according to the form already prescribed. 
 
 Article VIII But if they draw near to the sea-coasts, or meet 
 
 in the open sea with the ships of the States or their subjects, those 
 who have fitted out those ships at their own private charge, and yet 
 have public passports, that they may avoid all inconveniences, the 
 ships of the States, or their subjects, shall not come within gunshot 
 of the English, hut send out a boat, and be at liberty with two or 
 three men only to enter the English ships or vessels, to whom the 
 captain or master shall produce his passports as aforesaid, as also 
 
222 , 
 
 APPENDIX A, 
 
 testimonials from the Admiralty about the propriety of the ships, 
 according to the form annexed hereunto ; that so not only the burden 
 may be known, but also the habitation of the captain or master, as 
 also the name of the ship ; that by these two ways it may be known 
 whether they carry any prohibited goods to the enemy, as also the 
 condition of the ship, and of the captain or master, may plainly ap- 
 pear : and all manner of credit is to be given to the said passports 
 and testimonials. But that they may be the more sure of the truth 
 of them, there shall be certain royal marks and signs to them to 
 clear them of any suspicion of falsehood. 
 
 Article IX. — But if any prohibited or contraband goods shall be 
 found, in the manner aforesaid, in English ships or vessels, that are 
 bound to the ports of the enemies of the States, they shall be taken 
 out of the said ships, judgment shall be given against them by and 
 before the Judges of the Admiralty or others, to whom the matter is 
 cognizable ; but yet neither the ship nor vessel, nor even any of the 
 merchandize that is not prohibited or contraband and found in the 
 ship, shaU be condemned and forfeited. 
 
 DENMARK. 
 
 Dumont, 7 torn. 
 126. 132. 
 D'Hauterive, 
 4 torn. 461. 
 Chalmers, 
 vol. i. 78. 
 
 1669. 
 1670. 
 
 Nov. 29. 
 July 11. 
 
 These treaties are nearly word for word the same ; the latter is 
 probably only a renewal of the former on the accession of Christian 
 V. to the throne of Denmark. 
 
 Article XVI. — It shall be lawful for either confederate, his people 
 or subjects, to carry on trade with the enemies of the other, and 
 to carry and supply them with all manner of goods (contraband 
 goods only excepted) without any molestation, unless it be in ports 
 and places actually besieged by the other ally ; in which case they 
 shall be at liberty either to dispose of their goods to the besiegers, or 
 to convey them to some other port or place which is not besieged. 
 
 Article XX. — But lest this liberty of navigation and passage for 
 one ally, his subjects and inhabitants, might, during a war, which 
 the other may be engaged in by sea or by land with any other state, 
 be of prejudice to such other ally, and the goods and merchandize 
 belonging to the enemy be fraudulently concealed under the colour- 
 able pretence of their being in amity together ; wherefore, in order 
 to prevent all frauds of that sort, and to remove all suspicion, it is 
 thought proper that the ships, merchandizes, and ships' crews belong- 
 ing to the other ally be furnished upon their voyages with passports 
 and certificates according to the form and tenor following, viz. : — . 
 
APPENDIX A. 
 
 223 
 
 Placuit quod naves .... munitse omniso esse debeaJit 
 salvi conductusj vulgo passeportus et certificationem Uteris, quarum 
 tales ut infra scriptae sunt formulte observentur : — 
 
 Christian the Fifth, by the 
 Grace of God King of Denmark, 
 Norway, &c. 
 
 Charles the Second, by the 
 Grace of God King of Great 
 Britain, &c 
 
 Be it known to all and singular 
 persons who shall see these our 
 letters of passport, that 
 our subject, and citizen of our 
 city of , hath humbly re- 
 
 presented to us that the ship 
 called the , of the port 
 
 of , of the burthen of 
 
 tons, doth appertain to him and 
 certain other of our subjects, and 
 that they are the sole proprietors 
 of the same, and that the said 
 ship is laden with certain goods, 
 a particular whereof is contained 
 in a cocket, which has been made 
 out by the officers of our cus- 
 toms, and is now on board the 
 said ship ; and that the same 
 belongs to our subjects, or others 
 having an interest therein, who 
 are the subjects of neutral powers ; 
 and that she is ready to depart 
 from the port of , in order 
 
 to proceed to some other place or 
 places, where she may commo- 
 diously traffic with the said goods, 
 which are not contraband, nor 
 appertaining to either of the par- 
 ties now engaged in war ; or in 
 order fairly to earn her freight; 
 all which having been attested by 
 our said subject, by a writing duly 
 signed by him, and affirmed, by 
 
 Christianus V., Dei gratia Rex 
 Danite, Norvegise, Vandalorum-, 
 Gothoramque, Dux Slesvici, Hoi* 
 satisE, Stormacise atqueDitmarsias, 
 Comes in Oldenburg, and Del- 
 menherst, &c. &c. 
 
 Carolus Secundus, Dei Gratia 
 JVTagnse Britannise, Franciae et 
 Hibernie Rex, Fidei Defensor, 
 &c. &c. 
 
 Notum testatumque veliraus 
 omnibus et singulis, quibus has 
 nostrae salvi conductus literse ex- 
 hibebuntur, quod subditus 
 
 noster et civis urbis hu- 
 
 millime nobis significari cura- 
 verit, navem dictam las- 
 
 tarum capacem, ad se aliosque 
 subditos nostros pertinere, eisque 
 solis propriam esse, jam vero mer- 
 cibus quae schedula, quam a nos- 
 tris vectigalium officialibus secum 
 habet, continentur et ad subditos 
 nostros aut alios neutrarum par- 
 tium homines vere et realiter tan- 
 turn spectant, onustam de portu 
 iter ire immediate destinasse, 
 iudeque in alia loca ubi commode 
 cum ejusmodi mercibus non pro- 
 hibitis Tel . ad neutram bellige* 
 rantium partem pertinentibus ne- 
 gotiari vel etiam vecturam adinr 
 venire poterit cursum directurarai 
 Quod cum prsedictus subr 
 
 ditus noster scripto assevera- 
 verit et sub navis merciumque 
 fisco nostroaddieendarum publicar 
 tione se vera protulisse juramento 
 affirmaverit, eundem cum praefata 
 navi hisce salvi conductus nostri 
 Uteris muniendum censtdmus. 
 Proinde ah omnibus terrarum 
 mariumque potestatibus, regibus. 
 
224 
 
 APPENDIX A. 
 
 virtue of his oath to be true, 
 upon pain of confiscation of tiie 
 said goods, we have thought 
 proper to grant him these our 
 letters of passport ; and therefore 
 we desire and request all go- 
 vernors of countries, and com- 
 manders at sea, all kings, princes, 
 states, and free towns, and pur- 
 ticularly the parties now engaged 
 in war and their commanders, 
 admirals, generals, officers, go- 
 vernors of ports, commanders of 
 ships, captains, owners, and all 
 others having any command at 
 sea, or the guard of any port, 
 whom the said ship shall happen 
 to meet with, or to fall in with 
 any of their fleets or ships at sea, 
 or to arrive at any of their ports, 
 that in virtue of the alliance and 
 amity which subsist between us 
 and the King or State, they not 
 only sufier the said master, with 
 the ship , men, goods, and 
 
 all merchandizes which are on 
 board her, to pursue his voyage 
 towards any place whatsoever, 
 with full liberty, without being 
 any ways molested, hindered or 
 detained, but that they likewise 
 show him all kind offices of civi- 
 lity, as unto our subject, if any 
 occasion should offer, which we 
 and our subjects shall be ready to 
 acknowledge on the like or any 
 other occasion. Given this 
 day of , in the year 
 
 We the president, consuls, and 
 senators of the town of , 
 
 do attest and certify that N. N., 
 citizen and inhabitant of the city 
 or town of , on the 
 
 day of , in the year , 
 
 came and appeared personally 
 before us, and declared to us by 
 
 principibus, rebus publicis, ac li- 
 beris civitatibus, imprimis vero a 
 partibus hello hoc tempore se 
 lacessentibus earumque ducibus, 
 thalasiarchis generalibus officiali- 
 bus navium portuunique prsefectis 
 capitaneis, instructoribus, aliisque 
 omnibus quibus custodia aliqua 
 maris aut portus comraissa est, 
 quibuscumque navem hanc navi- 
 gando obviam venire, quorumque 
 in classes et naves forte incidere 
 aut in portubus morari contigerit, 
 respective amice, benevolo, et cle- 
 menter requirimus ut ratione foe- 
 derum et amicitise quse nobis 
 cum unoquoque rege vel repub- 
 lica intercedit dictum navarchum 
 cum navi , personis, rebus 
 
 ac mercimoniis omnibus UU impo- 
 sitis non solum libere ac absque 
 uUa molestia, detentione aut im- 
 pedimento quocunque iter suum 
 prosequi permittant, sed etiam 
 eadem tanquam nostro subdito, si 
 opus fuerit, omnia humanitatis 
 officia exhibeant, eadem vicissim 
 a nobis nostrisque in pari vel alio 
 casu experturi. 
 
 Dabantur die men- 
 
 sis .anno 
 
 Nos prases, consules, et sena- 
 tores civitatis , attestamus 
 
 et certificamus quod die 
 
 mensis anno per- 
 
 sonaliter coram nobis comparuerit 
 , civis et incola civitatis 
 vel oppidi atque sub jura- 
 
 mento, quo Serenissimse Regis 
 
APPENDIX A. 
 
 225 
 
 virtue of the oath, by which he 
 is bound to our Sovereign Lord 
 the King, that the ship or vessel 
 named , of the port of 
 
 , of the burthen of 
 tons, belongs to the port, city, or 
 tovfn of , in the province 
 
 of , and that the said ship 
 
 does really and truly appertain 
 to him, and is now ready to de- 
 part directly from the port of 
 , laden with the goods 
 specified in the cocket which he 
 hath received from the officers of 
 the customs, and that he hath 
 affirmed upon his said oath, that 
 the above-mentioned ship, to- 
 gether with the goods and mer- 
 chandizes with which she is laden, 
 belongs to his said Majesty's 
 subjects only, and that she does 
 not carry any prohibited goods 
 appertaining to either of the 
 parties now engaged in war. 
 t In witness where, we have 
 caused the present certificate to 
 be signed by the syndick of our 
 town, and have thereunto put 
 our seal. Given, &c. 
 
 Majestati domino nostro clemen- 
 tissimo attinetur et obstrictus est, 
 nobis declaraverit quod navis aut 
 navigium dictum , lastarum 
 
 capax, pertineat ad portum, civi- 
 tatem vel oppidum in provincia 
 , quodque dicta navis ei et 
 aliis Serenissim£e Regise Majes- 
 tatis domini nostri clementissimi 
 subditis solis justo titulo propria 
 sit, jam vero deportu . . . . iter 
 directe destinasse, iis onusta mer- 
 cibus, quiE schedula a vectigalium 
 officialibus accepta continentur, 
 idemque asseveraverit sub jura- 
 mento praedicto praefataoi navera 
 cum mercibus et bonis ad Sere- 
 nissimae Regiae Majestatis sub- 
 ditos tantum pertineus nallusque 
 merces prohibitas quae ad alte- 
 rutram hoc tempore belligerantium 
 partem spectant vehere. In 
 quorum fidem hanc certificati- 
 onem a civitatis hujus syndico 
 subsoribi et siaille nostro munici 
 
 curavimus. 
 
 Dabautur, &c. 
 
 Article XXI. — Whenever therefore any merchandizes, goods. All ships to be 
 ships, and men of either confederate^ his subjects or inhabitants dismissed on 
 shall be met with in the open sea, straits, ports, roads, lands, or in ^xhibiting 
 any places whatsoever, by any public ships of war or privateers, or unless^unon ' 
 by the men, subjectt, or inhabitants of the other confederate, upon strong sas- 
 exhibiting the said letters of passport only, nothing further shall be picion. 
 required of them, nor shall any further search or inquiry be made 
 in relation to the goods, ships, or men ; much less shall they be any 
 ways injured or molested, but they shall be most freely dismissed, 
 in order to pursue their intended course and voyage : but in case 
 this solemn and stated form of the passport and certificate be not ex- 
 hibited, or there appear other just and strong cause of suspicion, then 
 such ship ought to be visited; which however is to be understood 
 to be allowed of in such case only and not otherwise : if any thing 
 shall be done by either party against the other confederate contrary 
 to the true and genuine sense of this article, both confederates shall 
 
 Q 
 
226 
 
 APPENDIX A. 
 
 Prohibited 
 goods on 
 board ships of 
 either party 
 not to be 
 meddled mth 
 until brought 
 on shore and 
 duly inren- 
 toried. 
 
 take care that their subjects and inhabitants respectively, who shall 
 transgress therein, be severely punished, and that ample and imme- 
 diate satisfaction be made to the other confederate, his subject and 
 inhabitants^ for all losses, injurieSj and charges so sustained or in-> 
 curred. 
 
 Article XXXIV. — If any ship of war of either crown shall 
 happen to take a ship belonging to the other, laden with prohibited 
 goods, it shall not be lawful for the commander of such captor to 
 open or break up any chests, casks, or packs found therein, nor to 
 remove or any ways alienate any of the goods until they are first 
 brought on shore, and an inventory be made of them in the presence 
 of the judges of maritime causes. 
 
 1673-4. February fg. Wkstmikstee. 
 Secret Article. 
 
 Dumont, 7 torn, 
 255. Treaty, 
 1732, vol. iii. 
 281. 
 
 It is also agreed by this secret article that neither of the said 
 parties shall give nor consent that any of their subjects or inhabi- 
 tants shall give any aid, favour, or council, directly or indirectly, by 
 land or by sea, or on the fresh waters, nor shall furnish nor consent 
 that the subjects and inhabitants of their dominions and countries 
 shall furnish any ships, soldiers, mariners, provisions, monies, in- 
 struments of war, gunpowder, or any other things necessary for 
 making war, to the enemies of the other party, of any rank or con- 
 dition whatsoever. 
 
 1674. December ]. London. 
 Marine Treaty. 
 
 Dumont, 7 torn. Article II. — Nor shall this freedom of navigation and commerce 
 282. D'Hau- ^g interrupted by reason of any war, as to any kind of merchandizes ; 
 terive^ 7 torn, ^lut such freedom shall extend to all merchandize which might be 
 Toi i 177™^'^^' carried in time of peace, those only excepted which follow in the 
 next article and are comprehended under the name of contraband. 
 
 Article III. — Under the name of contraband or prohibited goods 
 shall be comprehended only arms, pieces of ordnance, with all im- 
 plements belonging to them, fireballs, powder, match, bullets, pikes, 
 swords, lances, spears, halberds, guns, mortar-pieces, petards, gra- 
 nadoes, rests, bandeliers, saltpetre, musquets, musquet-shot, helmets, 
 corsets, breast-plates, coats of mail and the like kind of armature, 
 
APPENDIX A. 227 
 
 soldiers, horses and all things necessary for the furniture of horses, 
 holsters, belts, and all other warlike instruments whatsoever. 
 
 Article IV. — The following goods shaU not be deemed contra- 
 band, viz., all kinds of cloths, and all other manufactures woven of 
 any kind of wool, flax, silk, cotton, or any other material, all sorts 
 of clothing and garments, together with the materials whereof they 
 are made, gold and silver as well coined as not coined, tin, iron, 
 lead, copper, and coals ; as also wheat, barley, and all other kind of 
 corn or pulse, tobacco, and all kinds of spices, salted and smoked 
 flesh, salted and dried fish, butter, cheese, beer, oil, wine, sugar, and 
 all kinds of salt, and in general all provisions which serve for the 
 nourishment and sustenance of life : likewise all kind of cotton, 
 hemp, flax, and pitch and ropes, sails and anchors ; also masts and 
 planks, boards and beams of any kind of wood, and all other 
 materials requisite for building or repairing ships ; but they shall 
 be wholly reputed amongst free goods even as all other wares and 
 things which are not comprehended in the next preceding article, so 
 that the same may be freely transported and carried by the subjects 
 of his said Majesty even unto places at enmity with the said state, 
 as also, on the other side, by the subjects of the said state to places 
 under the obedience of the enemies of his said Majesty, except only 
 to towns or places besieged, blocked up, or invested {Gallice, 
 hloqu4es ou invesUes), 
 
 Article V. — And that all differences and contentions on both 
 sides, by sea and land, may from henceforth cease and be utterly 
 extinguished, it is agreed that aU kinds of ships and vessels what- 
 soever, belonging to the subjects of his said Majesty, entering or 
 being entered into any road or port under the obedience of the lords 
 the states, and purposing to pass from thence, shall be only obliged 
 to show unto the officers of such port, or to the captains of the 
 guard-ships or privateers belonging to the states (if any happen there 
 to be), their passport, according to the form annexed to this present 
 treaty ; nor shall any money or any thing else be exacted from them 
 upon that account. 
 
 Article VI. — But if any ship belonging to the subjects of his 
 Majesty of Great Britain shall, in the open sea or elsewhere out of 
 the dominion of the said states, meet any ships of war of the said 
 lords the states, or privateers belonging to their subjects, the said 
 ships of the lords the states or of their subjects shall keep at a con- 
 venient distance, and only send out their boat with two or three 
 men only to go on board such ships and vessels of his Majesty's sub- 
 jects, in order that the passport (or sea brief) concerning the property 
 thereof, according to the form hereunto annexed, may be produced 
 to them by the captain or master of such ship or vessel belonging to 
 the subjects of his Majesty ; and the said ships so producing the 
 same shall freely pass, and it shall not be lawful to molest, search, 
 
 Q 2 
 
1^28 APPENDIX A. 
 
 detain, or force such ship from her intended voyage. And all the 
 subjects of the lords the states shall enjoy in all things the same 
 liberty and immunity; they, in like manner, showing their -passport 
 (or sea brief) made out according to the form proscribed at the foot 
 of this treaty. 
 
 Article VII. — But if any ship or vessel belonging to the English, 
 or other subjects of Great Britain, shall be met making! into any 
 port belonging to an enemy of the lords the states ; or, on the other 
 side, if any ship belonging to the United Provinces of the Nether- 
 lands, or other subjects of the lords the states, shall be met with in 
 her way making ^ for any port under the obedience of the enemies of 
 liis said Majesty, such ship shall show: not only a passport (or sea 
 brief), according to the form hereunder prescribed, wherewith she is 
 to be furnished, but also her certificate, or cocket, containing a parti- 
 cular account of the goods on board, given in the usual form by the 
 officers of the customs of that port from whence she came, whereby 
 it may be known whether she is laden with any of the goods pro- 
 hibited by the third article of this treaty. 
 
 Article VIII. — But in case that, upon showing such cockets con- 
 taining a particular account of the goods on board, given in the usual 
 form by the officers of the customs of that port from whence the 
 said ship sailed (concerning the showing whereof it is above agreed) 
 either party shall discover any of that kind of goods which by the 
 third-article of this treaty are declared to be contraband or prohibited, 
 consigned to any port under the obedience of their enemies, it shall 
 not tlien be lawful to open the hatches of such ship in which the 
 same shall happen to be found, whether she belongs to the subjects 
 of his Majesty or to the lords the states ; nor to unlock or ^reak 
 open any chests, packs, or casks in the same, nor to convey away any 
 the least part of the merchandizes, before the whole cargo be first 
 put on shore in the presence of the officers of the Admiralty, and an 
 inventory made of the same ; neither shaU it be lawful to sell, ex- 
 change, or any way alienate the same, before such prohibited goods 
 shall be duly and lawfully proceeded against; and that the judges 
 of the Admiralty respectively shall, by sentence, have declared the 
 same confiscated. Provided always, that as well the ship itself as 
 the rest of the goods found in the same, which by this treaty are to 
 be reputed free, shall not be detained upon pretence of their being 
 infected by such prohibited goods, much less confiscated as lawful 
 prize. And if a part only and not the whole of the lading shall 
 consist of contraband or prohibited goods, and the master of the ship 
 shall be willing and ready to deliver them to the captor who dis- 
 
 ' Quod si navi, ^c, ad portum aligitem Dominis inimicum tendentl, ob- 
 viam Jit. 
 
 ' Porium aliquem Jiostibus dictm legice rr.pjestatis obtempcratur petenti. 
 
APPENDIX A. 
 
 229 
 
 covered the same, in that case the captor shall not compel the ship 
 to go out of her course to any port he thinks fit, but shall forthwith 
 dismiss her, and upon no account hinder her from freely pursuing 
 her intended voyage. 
 
 The Form of the Passport (or 
 Sea Brief) to be asked of and 
 given by the Burgo-Master of 
 the Cities and Ports of the 
 United Netherlands, to the 
 Ships or Vessels sailing from 
 thence, according to the purport 
 of the Fifth Article of this 
 Treaty. 
 
 To the Most Serene, Most Il- 
 lustrious, Most Mighty, Most 
 Noble, Most Honourable, and 
 and Most Prudent Emperors, 
 Kings, Governors of Common- 
 vyealths. Princes, Dukes, Barons, 
 Lords, Burger-Masters, Schepens, 
 Counsellors, Judges, Officers, 
 Justices, and Rulers of all Cities 
 and Places as well Ecclesiastical 
 as Secular, to vchom these pre- 
 sents shall be shown : We the 
 burger-masters and rulers of the 
 city of do certify, that 
 
 , master or skipper of 
 the ship , appeared before 
 
 us, and declared by solemn oath 
 that the said ship called the 
 
 J containing about , 
 
 lasts, of which he is at present 
 master or skipper, belongeth to 
 the inhabitants of the United 
 Netherlands. So help him God. 
 And in regard it woidd be most 
 acceptable to us that the said 
 master or skipper be assisted in 
 his just and lawful affairs, we do 
 request you, and every of you, 
 wheresoever the said master or 
 skipper shall arrive with Ids ship, 
 and the goods laden on board and 
 
 Formula Literarum Commeatus, 
 vulgo Literarum Maritma- 
 rum,petendarum, dan darumque 
 a, Consulibvs Civitatum et Por- 
 tuum Uniti Belgii omnibus 
 Navibus Navigiisve inde vela 
 facientibus, secundum Articnli 
 quinti hujus Tractatus dis- 
 positionem. 
 
 Serenissimis, lUustrissimiy 
 Potentissimis, Nobilissimis, Spec- 
 tatissimis, Prudentissimis Domi- 
 nis Imperatoiibus, Regibus, Ke- 
 rumpublicarum Moderatoribus, 
 Principibus, Ducibus, Comitibus, 
 Baronibus, Dominis Consulibus, 
 Scabinis, Senatoribus, Judicibus, 
 Officialibus, Justitiariis, et Rec- 
 toribus omnium Civitatum et 
 Locorum tam Ecclesiasticorum 
 quara Secularium quibus hae ex- 
 hibebuntur : Consules et rectores 
 civitatis , notum facimus 
 
 , magistrum seu praepo- 
 situm navis , se nobis 
 
 stilisse et solenni jurejurando 
 affirmasse dictam navem cui no- 
 mem est , mensuarum 
 quas vulgo lastas vocant, plus 
 minus , cujus ille hoc 
 tempore magister sive praepositus 
 est, per linere ad incolas provin- 
 ciarum Uniti Belgii. Ita eura 
 Deus adjuvet: Cura autem ac- 
 ceptissimum nobis foret praedic- 
 tum magistrum seu praepositum 
 in iis, quae probe, justeque ab eo 
 agenda erunt, adjuvari, rogamus 
 vos universes et sii)gulos, ubi- 
 cunque dictus magister seu prw 
 
 :q 3 
 
230 
 
 APPEKDJX A. 
 
 carried in her, that you will 
 please to receive him courteously, 
 and use him kindly, and admit 
 him, upon paying the lawful and 
 usual customs and other duties, 
 to enter into, remain in, and pass 
 from your ports, rivers, and do- 
 minions, and there to enjoy all 
 kind of right of navigation, traf- 
 fick, and commerce, in all places 
 where he shall think fit ; which 
 we shall most willingly and rea- 
 dily acknowledge upon all occa- 
 sions : in testimony and confirm- 
 ation whereof we have caused the 
 seal of our city to he put to these 
 presents, dated at , in , 
 
 the day of , in the year 
 
 of our Lord 
 
 positus navem, mercesque in ea 
 invectas et illatas appellet, velitis, 
 juheatis eum benigne recipi, hu- 
 maniter tractari sub legitimo- 
 rum, consuetorumque vectigalium 
 acalia rum rerum solutione ad- 
 mi tti ingredi, novanere, egredi 
 portus, fluminia et dominia, 
 vestra et omnimodo navigatio- 
 nis, mercatus commerciorum ac 
 promercalium jure specieque uti, 
 omnibus in locis, quibus hoc ei 
 melius rectius visum fuerit grato 
 animo id rependere vobis para- 
 tissimi semper promptissimique, 
 in quorum majorem fidem et 
 testimonium hsec civitatis nostrae 
 sigillo signari curavimus. l)atas 
 in die anno Domini. 
 
 FRANCE. 
 1677. February 24. St. Gebmain-en-Late. 
 
 Dumont, 7 torn. 
 
 327. D'Hau- 
 terive, 2 torn. 
 23. Chal- 
 mers, vol. i. 
 
 328. Treaty, 
 1732, vol. i. 
 127. 
 
 Article II. — Trade may be carried during a war with the same 
 merchandizes with which they may trade in time of peace ; but with 
 an exception of all contraband goods as explained in the following 
 article : — 
 
 Article III — The good prohibited and contraband are cannon and 
 their furniture, fire-arms, powder, match, bullets, pikes, swords, 
 lances, halberts, partisans, bombs, mortars, petards, granadoes, 
 musket-stocks, bandaliers, saltpetre, ball, head-pieces, shields, cui- 
 rasses, and the like armour; under the same name also, the trans- 
 porting of soldiers, horses, harnesses, pistol-stocks, belts, and other 
 things appertaining to and used in war, is prohibited. 
 
 Article IV. — The following merchandizes are not to be comprised 
 in the number of prohibited and contraband goods; via., woollen, 
 linen, silk, cotton, or any other stuffs and manufactures whatsoever ; 
 all sorts of clothes and dresses made of stuffs or any other matter ; 
 gold or silver, coined or uncoined ; tin, iron, lead, copper, coal, corn, 
 barley, arid other grain and pulse, tobacco, spices, salted and dried 
 
Appendix 1. [2S1 
 
 flesh, dry and salt fish, cheese, butter, heer, oil, •wine, sugar, salts, 
 and everything appertaining to the nourishment and support of life ; 
 neither are cottons, hemp, flax, pitch, cordages, sails, anchors, tnSsts, 
 boards, logs, and wood wrought of all sorts of trees, and that serve 
 for building ships, or the repair of them ; but the said commodities 
 shall remain free, as well as all others in general that are not com- 
 prehended in the preceding article ; in such sort that the subjects of 
 the most Christian King may not only transport thfe same ffom a 
 place where there is a neutrality, to any other that is neutral, or 
 from a place or port where there is a neutrality, to any other that is 
 an enemy to the most serene King of Great Britain ; or, lastly, from 
 a place that is an enemy, to a place that is neutral ; but also from a 
 port or other place belonging to the enemies of the said King, to 
 another also belonging to his enemies ; whether these ports or other 
 places be under the obedience of one prince or state, or of several 
 pritices or states, with one or all of which the King of Great Britain 
 is at war. The subjects of the most serene King of Great Britain 
 may reciprocally transport the said merchandizes, not only from one 
 place where there is a neutrality, to another that is neutral, or from 
 a place or port where there is a ne\itrality, to another that is an 
 enemy to the most Christian King ; or, lastly, from a place that is 
 an enemy, to another where a neutrality is observed, but also from a 
 port or other place belonging to the enemies of the said King, to 
 another appertaining also to his enemies ; whether these ports or 
 other places be under the obedience of one prince or state, or of se- 
 veral princes and states, with one or all of which the said most 
 Christian King is at war; but yet such things must not be carried at 
 all to towns and places besieged, blocked up, or invested. 
 
 Article V. — In order to terminate all differences that may arise, 
 either by sea or land, it has been agreed, that the ships or other 
 vessels belonging to the subjects of the most Christian King, which 
 shall enter into the havens or ports_^of the King of Great Britain, and 
 would go elsewhere from thence, shall not be detained any longer 
 than to produce and exhibit their passports and sea briefs, the form 
 whereof is annexed to this treaty, to the officers of the said King. 
 Or if there be in the said-ports or havens any ships of war belonging 
 to the King of Great Britain, or privateers to the commanders of the 
 said ships, so that the said commanders shall not exact or demand 
 any money or any thing else of them upon that account ; but if 
 the ships or other vessels appertaining to the subjects of the most 
 Christian King be met with in the open sea, or such places as are 
 not under the dominion of the King of Great Britain, by the ships 
 of war of the said King, Or others fitted out by his subjects ; the said 
 ships may, by keeping at a reasonable distance off, send their boat 
 on board the said ships or vessels of the subjects of the most Christian 
 King, and shall put two or three men only on board, to the end that 
 
 Q4 
 
232 APPENDIX A. 
 
 the master or owner may exhibit to them his passport, after which 
 they shall freely pass^ without being any way molested^ searchedj 
 stopped, or forced to alter their course. The subjects of the King 
 of Great Britain shall enjoy the same freedom and immunities, by 
 producing their passports, according to the form before mentioned. 
 
 Article VI. — If any vessel or bark belonging to the subjects of the 
 most Christian King, and passing to a country that is an enemy to 
 the King of Great Britain, meets with a man of war in her passage ; 
 in like manner, if a ship appertaining to the English, or other sub- 
 jects of the King of Great Britain, is met with going towards a port 
 that is an enemy to the most Christian King, it will not be enough 
 for her to show her passports j but also certificates, in due and au- 
 thentic form, from the officers and visitors of the custom-house, of 
 its going out of the port from whence she departed, containing an 
 account of all the cargo on board her ; to the end it may be known, 
 whether there are any contraband goods there, and, of the nature of 
 those that are particularised in the third article of this treaty. 
 
 Article VII. — If, upon producing the said certificates, it appears, 
 that there are contraband goods on board, consigned for an enemy's 
 port ; yet it shall not be allowable to go under deck, nor to open or 
 break any chests, bales, casks, or tuns, nor take the least thing out 
 of her, till she is brought into a port, where a just inventory shall 
 be taken in the presence of the custom-house officers ; and nothing 
 thereof shall be sold or bartered till after a fair trial before the judge 
 of the Admiralty Court, and sentence be passed for the confiscation 
 of such merchandizes. In which confiscation, nevertheless, the 
 hulk of the vessel and the lawful merchandize on board her, shall not 
 be comprised, nor may such lawful merchandize be detained, much 
 less declared good prize, upon the account of the said contraband mer- 
 chandize. If the vessel is laden but in part with contraband goods, 
 and that the master thereof oflfers at the same time to put them into 
 the captor's hands, he shall not oblige him to go into any port, but 
 suffer him to continue his voyage. 
 
 ALGIERS. 
 1686. April 5. 
 
 Chalmers, vol. Article II. — That any of the ships or other vessels belonging to 
 
 "• ^^^- the said King of Great Britain, or to any of his Majesty's subjects, 
 
 may safely come to the port of Algiers, or to any other port or place 
 
APPENDIX A. 233 
 
 of that kingdom, there freely to buy and sell, paying the usual cus- 
 toms of 10/. per cent, as in former times, for such goods as they sell, 
 and the goods they sell not they shall freely carry on board without 
 paying any duties for the same ; and, that they shall freely depart 
 from thence whensoever they please without any stop or hindrance 
 ■whatever. As to contraband merchandize, as powder, brimstone, 
 iron, Iplank, and all sorts of timber fit for building of ships, ropes, 
 pitch, tar, fusils, and other habiliments of war, his said Majesty's 
 subjects shall pay no duty for the same to those of Algiers. 
 
 Article IV. — That the Algiers ships of war, or other vessels, 
 meeting with any merchant ships or vessels of his said Majesty's 
 subjects, not being in any of the seas appertaining to his Majesty's 
 dominions, may send on board one single boat with two sitters only 
 besides the ordinary crew of rowers ; and that no more shall enter 
 such merchant ship or vessel, without express leave from the com- 
 mander thereof, but the two sitters alone ; and, that upon producing 
 a pass under the hand and seal of his Majesty, or whomsoever he 
 shall appoint to be Lord High Admiral, or to execute the office of 
 Lord High Admiral for England and Ireland, or of the Lord High 
 Admiral for Scotland, for the said kingdoms respectively, that the 
 said boat shall presently depart, and the merchant ship or vessel 
 shall proceed freely on her voyage ; and any of the ships of war or 
 other vessels of his said Majesty meeting with any ships or other 
 vessels of Algiers, if the commander of any such Algier ship or 
 vessel shall produce a pass firmed by the chief governors of Algiers, 
 and a certificate from the English Consul presiding there, the said 
 Algier ship or vessel shall proceed freely. 
 
 FRANCE. 
 1713. April 11. UiaECHT. 
 
 Article XVIII, — This liberty of navigation and commerce shall Dumont, vol. 
 extend to all kind of . merchandizes, excepting those only which '^iii- 345- 
 follow in the next article, and which are signified by the name of JO'Hautenve, 
 
 contraband. „, ,.. , , , , ., . , Chalmers, vol. 
 
 Article XIX. — Under this name of contraband or prohibited i. 390. 
 goods, shall be comprehended arms, great guns, bombs, with their 
 fusees, and other things belonging to them, fire-balls, gunpowder, 
 match, cannon-ball, pikes, swords, lances, spears, halberds, mortars, 
 petards, grenadoes, saltpetre, muskets, musket-ball, helmets, head- 
 
234 APPEKDIX A. 
 
 pieces, breast-plateSj coats of mailj and the like kinds of atms, proper 
 for arming soldiers, musket-rests, belts, horses with their furniture, 
 and all other warlike instruments whatever. 
 
 Article XX. — These merchandizes which follow, shall not be 
 Reckoned among prohibited goods, that is to say, all sorts of cloths, 
 and all other manufactures wOven of any wool, flax, silk, cotton, or 
 any other materials whatever ; all kinds of clothes and Wearing ap- 
 parel, together with the species whereof they are used to be made ; 
 gold and silver, as well coined as uncoined ; tin, iron, lead, copper, 
 brass, coals : as also wheat and barley, with any other kind of corn 
 and pulse ; tobacco, and likewise all manner of spices, salted and 
 smoaked flesh, salted fish, cheese and butter, beer, oils, wines, sugars, 
 and all sorts of salt, and in general aU provisions which serve for the 
 nourishment of mankind, and the sustenance of life : furthetmore, 
 all kinds of cotton, hemp, flax, tar, pitch, ropes, cables, sails, sail- 
 cloths, anchors, and any parts of anchors; also ship-masts, planks, 
 boards and beams, of what trees soever ; and all other things proper 
 either for building or repairing ships ; and all other goods whatever, 
 which have not been worked into the form of any instrument, or 
 thing prepared for war, by land or by sea, shall not be reputed con- 
 traband, much less such as have been already wrought and made up 
 for any other use ; all which shall wholly be reckoned among free 
 goods, as likewise all other merchandizes and things which are not 
 comprehended, and particularly mentioned in the preceding article ; 
 so that they may be transported and carried in the freest manner by 
 the subjects of both confederates, even to places belonging to an 
 enemy, such towns or places being only excepted, as are at that time 
 besieged, blocked up round about, or invested. 
 
 Article XXI. — To the end that all manner of dissensions and 
 quarrels may be avoided and prevented on one side and the other, it 
 is agreed, that in case either of their royal Majestys, who enter into 
 this alliance, should be engaged in war, the ships and vessels belong- 
 ing to the subjects of the other ally must be furnished with sea- 
 letters or passports, expressing the name, property, and bulk of the 
 ship, as also the name and place of habitation of the master and 
 commander of the said ship, that it may appear thereby, that the 
 ship really and truly belongs to the subjects of one of the princes : 
 which passports shall be made out and granted, according to the form 
 annexed to this treaty. They shall likewise be recalled every year, 
 that is, if the ship happens to return home within the space of a year. 
 It is likewise agreed, that such ships being laden, are to be provided, 
 not only with passports, as above-mentioned, but also with certificates, 
 containing the several particulars of the cargo, the place whence the 
 ship sailed, and whither she is bound ; that so it may be known 
 whether any forbidden or contraband goods as are enumerated in the 
 19th article of this treaty, be on board the same; which certificate^ 
 
Al'PENDlX A. 235 
 
 shall be made out by the officers of the place whence the ship set 
 sail, in the accustomed form. And if any one shall think it fit or 
 advisable to express in the said certificates the person to whom they 
 belong, he may freely do so. 
 
 Article XXIV. — But in case the ships of the subjects and inha- 
 bitants of both their Most Serene royal Majestys, either on the 
 sea-coast, or on the high seas, shall meet with the men of war of the 
 other, or with privateers, the said men of war and privateers, for 
 preventing any inconveniences, are to remain out of cannon-shot, and 
 to send a boat to the merchant-ship which has been met with, and 
 shall enter her with two or three men only, to whom the master or 
 commander of such ship or vessel shall shew his passport, concerning 
 the property thereof, made out according to the form annexed to this 
 present treaty ; and the ship which shall exhibit one, shall have free 
 passage, and it shall be wholly unlawful any way to molest her, 
 search, or compel her to quit her intended course. 
 
 Article XXV. — But that merchant-ship of the other party, which 
 intends to go to a port at enmity with the other confederate, or con- 
 cerning whose voyage, and the sort of goods on board, there may be 
 just suspicion, shall be obliged to exhibit, either on the high seas, or 
 in the ports and havens, not only her passports, but her certificates, 
 expressing, that they are not of the kind of goods prohibited which 
 are specified in the Ipth article. 
 
 Article XXVI. — But if one party, on exhibiting the above said 
 certificates, mentioning the particulars of the things on board, should 
 discover any goods of that kind which are declared contraband or 
 prohibited by the 19th article of this treaty, to be designed for a port 
 subject to the enemy of the other, it shall be unlawful to break up 
 the Hatches of that ship, wherein the same shall happen to be found, 
 whether she belong to the subjects of Great Britain or of France ; 
 to open the chests, packs, or casks therein, or to remove even the 
 smallest parcel of the goods, unless the lading be brought on shore, 
 in the presence of the officers of the Court of Admiralty, and an 
 inventory thereof be made : but there shall be no allowance to sell, 
 exchange, or alienate the same in any manner, unless after due and 
 lawful process has been had against such prohibited goods, the Judges 
 of the Admiralty respectively shall, by a sentence pronounced, have 
 confiscated the same ; saving always as well the ship itself, as the 
 other goods found therein, which by this treaty are to he esteemed 
 free : neither may they be detained on pretence of their being, as it 
 were, infected by the prohibited goods, much less shall they be con- 
 fiscated as lawful prize. But if not the whole cargo, but only part 
 thereof, shall consist of prohibited or contraband goods, and the com- 
 mander of the ship shall be ready and willing to deliver them to the 
 captor, who has discovered them, in such case the captor, having 
 j'eceived those goods, shall forthwith discharge the ship, and not bin- 
 
236 
 
 APPENDIX A. 
 
 der her, by any means, freely to prosecute the voyage on which she 
 was bound. 
 
 Form of the Passports and Let- Formulaire des Passepwts et 
 
 ters which are to he given in 
 the Admiralty of France to the 
 Ships and Barks which shall go 
 from thence, according to 9,\st 
 Article of this present Treaty. 
 
 Lewis, Count of Thoulouse, 
 Admiral of France, to all who 
 shall see these presents, greeting : 
 We make known that we have 
 given leave and permission to 
 
 , master and commander of the 
 ship called of the 
 
 town of . J burthen 
 
 tons or thereabouts, 
 lying at present in the port and 
 haven of , and bound 
 
 for J and laden with 
 
 ; after that his 
 ship has been visited, and before 
 sailing, he shall make oath before 
 the officers who have the juris- 
 diction of maritime affairs, that 
 the said ship belongs to one or 
 more of the subjects of his Ma- 
 jesty, the act whereof shall be 
 put at the end of these presents ; 
 as likewise that he will keep, and 
 cause to be kept by his crew on 
 board, the marine ordinances and 
 regulations, and enter in the pro- 
 per office a list signed and wit- 
 nessed, containing the names and 
 sirnames, the places of birth and 
 abode of the crew of his ship, 
 and of all who shall embark on 
 board her, whom he shall not 
 take on board without the know- 
 ledge and permission of the offi- 
 cers of the marine ; and in every 
 port or haven where he shall 
 enter with his ship, he shall 
 shew this present leave to the 
 
 Lettres, qui se dovient donner 
 dans I'Amiraut^ de France 
 aux Navires et Barques qui 
 en sortiront, suivant I' Article 
 vint-un du present Traits. 
 
 Louis, Comte de Toulouse, 
 Amlral de France, a tons ceux 
 qui ces presentes lettres verront, 
 salut : Scavoir faisons, que nous 
 avons donne conge et permission 
 a , maitre et con- 
 
 ducteur du navire nomme 
 , de la ville de 
 , du port de , 
 
 tonneaux ou environ, etant de 
 present au port et havre de 
 , de s'en aller a 
 , charge de ; 
 
 apres que la visitation aura ete 
 faitede son navire; avant que de 
 partir, fera serment devant les 
 officiers qui exercent la jurisdic- 
 tion des causes maritimes comme 
 le dit vaisseau appartient a un ou 
 plusieurs des sujets de sa Majeste, 
 dont 11 sera mis acte au bas des 
 presentes, comme aussi de garder 
 et faire garder par ceux de son 
 equipage les ordonnances et regie- 
 ments de la marine, et mettre 
 au greflfe le role signe et verifie, 
 contenant les noms et surnoms, la 
 naissance et demeure des hommes 
 de son equipage et rous ceux qui 
 s'embarqueront ; lesquels il ne 
 pourra embarquer sans le son et 
 permission des officiers de la 
 marine et en chacun port ou 
 havre ou il entiera avec son na- 
 vire fera apparoir aux officier et 
 juges de la marine du present 
 conge, et leur fera iidelle rap- 
 
APPENDIX A. 
 
 237 
 
 officers and judges of the marine, 
 and shall give a faithful account 
 to them of what passed and was 
 done during his voyage, and he 
 shall carry the colours^ arms, and 
 ensigns of the King and of us 
 during his voyage. In witness 
 whereof, we have signed these 
 presents, and put the seal of our 
 arms thereunto, and caused the 
 same to be countersigned by our 
 secretary of the marine at 
 
 , the day of , 
 
 17 . Signed Lewis, Count 
 
 of Thoulouse, and underneath 
 
 by 
 
 port de ce qui sera fait et passe 
 durant son voyage ; et portera 
 les pavilions, armes, et enseignes 
 du Roi et les notres durant son 
 voyage. En tdraoin de quoi, 
 nous avons fait apposer notre 
 seing et le seel de nos armes a 
 cea presentes et icelles fait centre 
 signer par notre secretaire de la 
 marine a jour de 
 
 mil sept cens 
 Signe Louis, Comte de Thou- 
 louse, et plus has par 
 
 Form of the Act containing the 
 Oath. 
 
 We, , of the 
 
 Admiralty of , 
 
 do certify that , 
 
 master of the ship named in the 
 above passport, hath taken the 
 oatli mentioned therein. Done 
 at , the 
 
 Formulaire de I'Acte contenant 
 le Serment. 
 
 Nous, , de 
 
 I'Amirauts de , 
 
 certifions que , 
 
 maitre du navire nomme au 
 
 passeport ci-dessus a prete le 
 serment mentionne en icelui. 
 
 Fait a , le 
 
 day of 
 
 17 
 
 jour de 
 
 17 
 
 Form of the Certificates to be required of and to he given by the Ma- 
 gistrate or Officers of the Customs of the Town and Port, in their 
 respective Towns and Ports, to the Ships and Vessels which sail 
 from thence, according to the directions of the 2 1st Article of this 
 present Treaty. 
 
 We, A. B., magistrate (or) officers of the customs of the town 
 and port of C, do certify and attest, that on the day of 
 
 tlie month of , in the year of our Lord 17 , 
 
 D. E. of F. personally appeared before us, and declared by a solemn 
 oath, that the ship or vessel called G., of about tons, whereof 
 
 H. I. of K., his usual place of habitation, is master or commander, 
 does rightfully and properly belong to him and others, subjects of 
 her most serene Majesty our most gracious Sovereign, and to them 
 alone ; that she is now bound from the port of L. to the port of M., 
 laden with the goods and merchandize hereunder particularly de- 
 scribed and enumerated, that is to say, as follows. ^ 
 
238 
 
 APPENDIX A. 
 
 In witness whereof we have signed this certificate, and sealed it 
 with the seal of our oifice. Given the day of the month 
 
 of , in the year of our Lord 17 . 
 
 D'Hauterive, 
 torn. vii. 183. 
 Chalmers, vol. 
 i. p. 2. 
 
 Free trade for 
 one party with 
 an enemy of 
 the other, 
 under restric- 
 tions. 
 
 Warlike am- 
 munition spe- 
 cified and pro- 
 hibited. 
 
 RUSSIA. 
 1734. December 2. St. Pexersbbrgh. 
 
 Article XI. — The subjects of either party may freely pass, 
 repass, and trade in all countries which now are, or hereafter shall 
 be at enmity with the other of the said parties, places actually 
 blocked up or besieged only excepted ; provided they do not carry 
 any warlike stores or ammunition to the enemy ; as for all other 
 effects, their ships, passengers, and goods shall be free and un- 
 molested. 
 
 Article XII. — Cannons, mortars, fire-arms, pistols, bombs, gra- 
 nadoes, bullets, balls, fuzees, flints, matches, powder, saltpetre, 
 sulphur, cuirasses, pikes, swords, belts, pouches, cartouch-boxes, 
 saddles and bridles, in any quantity beyond what may be necessary 
 for the ship's provision, and may properly appertain to and be 
 judged necessary for every man of the ship's crew or for each 
 passenger, shall be deemed ammunition of war ; and if any such be 
 there found, they may seize and confiscate the same according to 
 law ; but neither the vessels, passengers, or the rest of the goods 
 shall be detained for that reason, or hindered from pursuing their 
 voyage. 
 
 Chalmers, vol. 
 i. pp. 2. 7. 
 D'Hauterive, 
 torn, vii. p. 
 197. 
 
 1766, June 20. St. Petersbbkgh. 
 
 Article X. — Permission shall be granted to the subjects of the 
 two contracting parties to go, come, and trade freely with those 
 states with which one or other of the parties shall at that time or 
 at any future period be engaged in war, provided they do not carry 
 military stores to the enemy. From this permission, however, are 
 excepted places actually blocked up, or besieged as well as by sea 
 as by land ; but at all other times, and with the single exception of 
 military stores, the above said subjects may transport to these places 
 all sorts of commodities, as well as passengers, without the least im- 
 pediment. With regard to the searching of merchant ships, men- 
 of-war and privateers shall behave as favourably as the reason of the 
 
APPENDIX A. 
 
 war at that time existing can possibly permit towards the most 
 friendly powers that shall remain neuter, observing as far as may be 
 the principles and maxims of the law of nations that are generally 
 acknowledged. 
 
 Article XII. — All cannon, mortars, muskets, pistols, bombs, 
 grenades, bullets, balls, fusees, flint-stones, matches, powder, salt, 
 petre, sulphur, breast-plates, pikes, swords, belts, cartouch-bags, 
 saddles, and bridles, beyond the quantity that may be necessary for 
 the use of the ship, or beyond what every man serving on board the 
 ship and every passenger ought to have, shall be accounted ammu. 
 nition or military stores, and if found shall be confiscated according 
 to law as contraband goods or prohibited commodities ; but neither 
 the ships, nor passengers, nor the other commodities found at the 
 same time, shall be detained or hindered to prosecute their voyage. 
 
 289 
 
 D'Hauterive, 
 vol. iv. p. 481. 
 
 DENMARK. 
 
 1780. July 4. 
 
 Explanatory of Third Article of Treaty of Copenhagen in I67O. 
 
 The two contracting sovereigns reciprocally engage for themselves Chalmers, vol, 
 and their successors not to furnish to the enemies of the one or the \^ P- 97 
 other in time of war any succour, neither soldiers, nor vessels, nor 
 any goods or merchandizes called contraband, in like manner to 
 prohibit their subjects from so doing, and to punish severely and as 
 infracters of the peace those who shall dare to act contrary to their 
 prohibitions in regard thereto. But not to leave any doubt as to 
 what ought to be understood by the term contraband, it is agreed 
 that nothing under that denomination is to be understood but arras 
 as well fire as other sorts, with what relates thereto, as cannon 
 musquets, mortars, petards, bombs, grenades, carcasses, saucisses, 
 carriages for cannon, musquet rests, bandoliers, gunpowder, match, 
 saltpetre, ball, pikes, swords, head-pieces, cuirasses, halberts, lances, 
 javelins, horses, horse-furniture, holsters, belts, and generally all 
 other implements of war, as also timber for ship-building, tar or 
 resin, sheet copper, sails, hemp and cordage, and generally whatever 
 may serve directly to the equipment of vessels, unwrought iron and 
 fir planks only excepted. 
 
 But it is expressly declared that in this kind of contraband goods 
 
240 
 
 APPENDIX A. 
 
 are not to be comprehended fish and fleshj fresh or salted, wheat, 
 flour, rye, or other grain, vegetables, oil, wine, and generally what- 
 ever serves to the nourishment and support of life, so likewise all 
 these tilings may always be sold and transported as other mer- 
 chandizes even to places possessed by an enemy of the two crowns, 
 provided the same be not besieged or blocked up. 
 
 FRANCE. 
 
 Chalmers, vol. 
 i. pp. 517. 531. 
 D'Haaterive, 
 torn. ii. 86. 
 
 1786. September 26. Versailles. 
 
 Article XXI. — This liberty of navigation and commerce shall 
 extend to all kinds of merchandizes, excepting those only which are 
 specified in the following article, and which are described under the 
 name of contraband. 
 
 Article XXII. — Under this name of contraband, or prohibited 
 goods, shall be comprehended arms, cannon, harquebusses, mortars, 
 petards, bombs, grenades, saiicisses, carcasses, carriages for cannon, 
 musket rests, bandoleers, gunpowder, match, saltpetre, ball, pikes, 
 swords, head-pieces, helmets, cuirasses, halberds, javelins, holsters, 
 belts, horses and harness, and all other like kinds of arms and 
 warlike implements fit for the use of troops. 
 
 Article XXIII. — These merchandizes which follow shall not 
 be reckoned among contraband goods, that is to say, all sorts of 
 cloth and all other manufactures of wool, flax, silk, cotton, or any 
 other materials, all kinds of wearing apparel, together with the 
 articles of which they are usually made ; gold, silver, coined or un- 
 coined, tin, iron, lead, copper, bras.i, coals ; as also wheat and 
 barley or any other kind of corn and pulse, tobacco, and all kinds of 
 spices, salted and smoked flesh, salted fish, cheese and butter, beer, 
 oil, wines, sugar, all sorts of salt, and of provisions which serve for 
 sustenance and food to mankind ; also all kinds of cotton, cordage, 
 cables, sails, sailcloth, hemp, tallow, pitch, tar and resin, anchors 
 and any parts of anchors, ship-masts, planks, timber of all kinds of 
 trees, and all other things proper either for building or repairing 
 ships. Nor shall any other goods whatever, which have not been 
 worked into the form of any instrument or furniture for warlike 
 use by land or by sea be reputed contraband, much less such as 
 have been already wrought and made up for any other purpose. All 
 which things shall be deemed goods not contraband, as likewise all . 
 others which are not comprehended and particularly described in 
 
APPENDIX A. 241 
 
 the preceding article, so that they may be freely carried by the 
 subjects of both kingdomSj even to places belonging to an enemy, 
 excepting only such places as are besieged, blocked up, or in- 
 vested. 
 
 Article XXIV. — To the end that all manner of dissensions and 
 quarrels may be avoided and prevented on both sides, it is agreed, 
 that in case either of their Majesties should be engaged in war, the 
 ships and vessels belonging to the subjects of the other shall be 
 furnished with sea letters or passports, expressing the name, pro- 
 perty, and bulk of the ship, as also the name and place of abode of 
 the master or commander of the said ship, that it may clearly appear 
 thereby that the ship really and truly belongs to the subject of one 
 of the princes ; which passport shall be made out and granted ac- 
 cording to the form annexed to the present treaty. They shall 
 likewise be renewed every year, if the ship happen to return home 
 within the space of a year. It is also agreed that such ships, when 
 laden, are to be provided not only with passports as above mentioned, 
 but also with certificates containing the several particulars of the 
 cargo, the place from whence the ship sailed and whither she is 
 bound, so that it may be known whether she carries any of the pro- 
 hibited or contraband goods specified in the 22 nd article of this 
 treaty, which certificate shall be prepared by the oflicers of the place 
 from where the ship set sail in the accustomed form. And if any 
 one shall think fit to express in the said certificate the person to 
 whom the goods belong, he may freely do so. 
 
 Article XXVI. — In case the ships belonging to the said subjects 
 and inhabitants of the respective dominions of their Most Serene 
 Majesties, either on the coast or on the high seas, shall meet with 
 any men-of-war belonging to their Most Serene Majesties, or with 
 privateers, the said men-of-war and privateers, for preventing any 
 inconvenience, are to remain out of cannon-shot, and to send their 
 boats to the merchant ship whicli may be met with, and shall enter 
 her to the number of two or three men only, to whom the master or 
 commander of such ship or vessel shall show his passport, containing 
 the proofs of the property of the ship made out according to the 
 form annexed to this present treaty, and the ship which shall have 
 exhibited the same shall have liberty to continue her voyage ; and 
 it shall be wholly unlawful any way to molest or search her, or to 
 chase or compel her to alter her course. 
 
 Article XXVII. — The merchant ships belonging to the subjects 
 of either of the two high contracting parties which intend to go to a 
 port at enmity with the other sovereign, concerning whose voyage and 
 the sort of goods on board there may be just cause of suspicion, shall 
 be obhged to exhibit, as well on the high seas as in the ports and 
 havens, not only her passports, but also her certificates, expressing 
 
242 APPENDIX A. 
 
 that the goods are not of the kind which are contraband as specified 
 in the 22nd article of this treaty. 
 
 Article XXVIII. — If, on exhibiting the above-mentioned certifi- 
 cate containing a list of the cargo, the other party should discover 
 any goods of that kind which are declared contraband or prohibited 
 by the 22nd article of this treaty, and which are designed for a port 
 subject to his enemies, it shall be unlawful to break up or open the 
 hatches, chests, casks, bales, or other vessels found on board such 
 ship, or to remove even the smallest parcel of the goods, whether 
 the said ship belongs to the subjects of the King of Great Britain or 
 of the Most Christian King, unless the lading be brought on shore in 
 the presence of the ofiicers of the Court of Admiralty, and an inven- 
 tory made by them of the said goods ; nor shall it be lawful to sell, 
 exchange, or alienate the same in any manner, unless after due and 
 lawful process shall have been had against such prohibited goods, and 
 the Judges of the Admiralty respectively shall, by sentence pro- 
 nounced, have confiscated the same ; saving always as well the ship 
 itself as the goods found therein, which by this treaty are to be 
 accounted free ; neither may they be detained on pretence of their 
 being mixed with prohibited goods, much less shall they be confis- 
 cated as lawful prize. And if, when only part of the cargo shall 
 consist of contraband goods, the master of the ship shall agree, con- 
 sent, and offer to deliver them to the captor who has discovered 
 them, in such case the captor, having received these goods as lawful 
 prize, shall forthwith release the ship, and not hinder her by any 
 means from prosecuting her voyage to the place of her destination. 
 
 Form of the Passport and Sea Formulaire des Passeports et Let- 
 Letters which are to be granted tres de Mer qui se doivent 
 by the respective Admiralties of donner dan^ les Amirautis re- 
 the Dominions of the two high spectives des Etats des deuse 
 contracting Parties to the Ships hautes Parties contractantes 
 and Vessels sailing from thence auso Vaisseauas et Bdtimens qui 
 pursuant to the 24:th Article of en sortiront, conformement d, 
 the present Treaty. V Article 24. du present traite. 
 
 N. N. to all who shall see N. N. a tous ceux qui verront 
 
 these presents, greeting : Be it ces presentes lettres, salut : Fai- 
 
 known, that we have granted li- sons syavoir que nous avons don- 
 
 cence and permission to N. of the ne cong^ et permission a N., de 
 
 city (or place) of N., master or la ville (ou lieu) de N., maitre 
 
 commander of the ship N., belong- ou conducteur du vaisseau N., du 
 
 ing to N.ofthe port of N.J burthen port de N., tonneaux ou 
 
 tons, or thereabouts, now environ, etant a pr&ent au port 
 
 lying in the port or haven of N., et hftvre de N., de s'en aller a N., 
 
 to sail to N., laden with N., the charge de N., apres que la visite 
 
APPENDIX A. 
 
 243 
 
 said ship having heen examined 
 before her departure in the usual 
 manner by the officers of the place 
 appointed for that purpose. And 
 the said N., or such other person as 
 shall happen to succeed him, shall 
 produce this licence in every port 
 or haven which he may enter 
 with his ship to the officers of the 
 place, and shall give a true ac- 
 count to them of what shall have 
 passed or happened during his 
 voyage, and he shall carry the 
 colours, arms, and ensigns of N. 
 during his voyage. 
 
 In witness whereof, we have 
 signed these presents, and set the 
 seal of our arms thereto, and 
 Caused the same to be counter- 
 signed by N. at 
 
 day of in the year 
 
 de son vaisseau aura et^ fait avant 
 son depart, selon la maniere usi- 
 tee par les officiers du lieu com- 
 mis pour cela. Et le dit N., ou 
 tel autre qui sera dans lieu d'oc- 
 cuper sa place, fera apparoir dans 
 chaque port ou havre ou il en- 
 trera avec le dit vaisseau aux 
 officiers du Ueu du present cong^, 
 et leur fera fidele rapport de ce 
 qui sera fait et passe durant son 
 voyage, et portera les pavilions, 
 armes, et enseignes de N. durant 
 son voyage- 
 En teraoins de quoi nous avons 
 fait apposer notre seign et le seel 
 de nos armes a ces presentes, et 
 icelles fait contresigner par N., a 
 jour de I'an 
 
 AMERICA. 
 1794. Nov, 19. London. 
 
 Article XVIII In order to regulate what is in future to be Marten, 
 
 deemed contraband of war, it is agreed that under the said denomi- Recueil, lora. 
 nation shall be comprised all arms and implements serving for the ^- P- ^^*- 
 purposes of war, by land or by sea, such as cannon, muskets, mor- 
 tars, petards, bombs, grenadoes, carcasses, saucisses, carriages for 
 cannon, musket-rests, bandoliers, gunpowder, match, saltpetre, ball, 
 pikes, swords, head-pieces, cuirasses, halberts, lances, javelins, horse 
 furniture, holsters, belts, and generally all the implements of war ; 
 as also timber for ship-building, tar or rosin, copper in sheets, sails, 
 hemp and cordage, and generally whatever may serve directly to the 
 equipment of vessels, unwrought iron, and fir planks only excepted, 
 and all the above articles are hereby declared to be just objects of 
 confiscation, whenever they are attempted to be carried to an enemy. 
 
 And whereas the difficulty of agreeing in the precise cases in 
 which alone provisions and other articles not generally contraband 
 
 k2 
 
244 
 
 APPENDIX A. 
 
 may be regarded is such, renders it expedient to provide against the 
 inconveniences and misunderstandings virhich might thence arise, it is 
 further agreed that, whenever any such articles so becoming contra- 
 band according to tlie existing laws of nations shall for that reason be 
 seized, the same shall not be confiscated, but the owners thereof shall 
 be speedily and completely indemnified, and the captors, or in their 
 default the government under whose authority they act, shall pay to 
 the master or owners of such vessel the full value of all articles, 
 with a reasonable mercantile freight thereon, together with the freight 
 and also the demurrage incident to such detention. 
 
 And whereas it frequently happens that vessels sail for a port or 
 place belonging to an enemy without knowing that the same is either 
 besieged, blockaded, or invested, it is agreed that every vessel so cir- 
 cumstanced may be turned away from such port or place, but she 
 shall not be detained, nor her cargo, if not contraband, be confiscated, 
 unless after notice she attempt to enter ; but she shall be permitted 
 to go to any other port or place she may think proper, nor shall any 
 vessel or goods of either party that may have entered into such port 
 or place before the same was besieged, blockaded, or invested by the 
 other, and be found therein after the reduction or surrender of such, 
 place, be liable to confiscation, but shall be restored to the owners or 
 proprietors thereof. 
 
 Marten, Re- 
 cueil, torn, vi. 
 pp. 357. 362. 
 
 RUSSIA. 
 1797. February 10—21. St. Petersburgh. 
 
 Article XI. — All cannon, mortars, fire-arms, pistols, bombs, 
 grenades, bullets, flints, matches, powder, saltpetre, sulphur, cuir- 
 asses, pikes, lances, sabres, cartouch-boxes, saddles and bridles, &c., 
 beyond the quantity necessary for a ship, or the individuals on board, 
 shall be regarded as ammunition of war, and if any such be found 
 they shall be confiscated as contraband or prohibited articles. Never- 
 theless, neither the vessel, passengers, nor the rest of the goods 
 which are found on board shall be detained, nor shall any opposition 
 be made to the continuance of the voyage. 
 
 Annual Re- 
 gister, 1801, 
 
 1801. June S — 17. London. 
 
 Article III. § 1. — That the ships of the neutral power shall na- 
 vigate freely to the ports and upon the coasts of the nations at war. 
 
terive, torn, yu, 
 p. 229. 
 
 APPENDIX A. 245- 
 
 § 2. — That the effects embarked on board neutral ships shall p. 212. Mar- 
 be free, with the exception of contraband of war and of enemy's ten, torn. vii. p. 
 property, and it is agreed not to comprise in the number of the ^^9" P'^"^.'. 
 latter the merchandize of the produce, growth, or manufacture of 
 the countries at war which should have been acquired by the subjects 
 of the neutral power, and should be transported for their account, 
 which merchandize cannot be excepted in any case from the freedom 
 granted to the flag of the said power. 
 
 § 3. — That, in order to avoid all equivocation and misun- 
 derstanding of what ought to be qualified as contraband of war, 
 his Imperial Majesty of all the Russias and his Britannic Majesty 
 declare, conformably to the 11th article of the treaty of commerce 
 concluded between the two crowns on the 10th (2 1st) February, 
 1797, that they acknowledge as such only the following objects, viz. 
 cannons, mortars, fire-arms, pistols, bombs, grenades, balls, bullets, 
 fire-locks, flints, matches, powder, saltpetre, sulphur, helmets, pikes, 
 swords, sword-belts, pouches, saddles and bridles, excepting, how- 
 ever, the quantity of the said articles which may be necessary for the 
 defence of the ship and those who compose the crew ; and all other 
 articles whatever not enumerated here shall not be reputed warlike 
 and naval ammunition, nor be subject to confiscation, and of course 
 shall pass freely without being subject to the smallest difficulty unless 
 they be considered as enemy's property in the above-settled sense. 
 It is also agreed that that which is stipulated in the present article 
 shall not be to the prejudice of the particular stipulation of one 
 or the other crown with other powers, by which objects of similar 
 kind should be reserved, prohibited, or permitted. 
 
 § 5. — . . . .In order the better to ensure the respect due to these 
 stipulations dictated by the sincere desire of conciliating all in- 
 terests, and to give a new proof of their loyalty and love of jus- 
 tice, the high contracting parties enter here into the most formal en- 
 gagement to renew the severest prohibitions to their captains, whether 
 of ships of war or merchantmen, to take, keep, or conceal on board 
 their ships any of the objects which in the terms of the present 
 convention may be reputed contraband, and respectively to take care 
 of the execution of the orders which they shall have published in 
 their admiralties, and wherever it shall be necessary. 
 
 Article IV. — The two high contracting parties, wishing to pre- 
 vent all subject of dissention in future by limiting the right of search 
 of merchant ships going under convoy to the sole causes in which 
 the belligerent power may experience a real prejudice, by the abuse 
 of the neutral flag, have agreed, — 
 
 § 1. — ^That the right of searching merchant ships belonging to the 
 subjects of one of the contracting powers, and navigating under convoy 
 of a ship of war of the said power, shall only be exercised by ships 
 of war of the belligerent party, and shall never extend to thefitters- 
 
 E 3 
 
246 APPENDIX A. 
 
 out of privateers or other vessels which do not belong to the im- 
 perial or royal fleet of their Majesties, but which their subjects shall 
 have fitted out for war. 
 
 § 2. — That the proprietors of all merchant ships belonging to 
 the subjects of one of the contracting sovereigns, which shall be 
 destined to sail under convoy of a ship of war, shall be required, 
 before they receive their saiUng orders, to produce to the commander 
 of the convoy their passports and certificates, or sea-letters, in the 
 form annexed to the present treaty. 
 
 § 3. — That, when such ship of war and every merchant ship 
 under convoy shall be met with by a ship or ships of war of the other 
 contracting party who shall then be in a state of war, in order to 
 avoid all disorder, they shall keep out of cannon-shot, unless the 
 situation of the sea or the place of meeting render a nearer approach 
 necessary ; and the commander of the ship of the belligerent power 
 shall send a boat on board the convoy, where they shall proceed reci- 
 procally to the verification of the papers and certificates that are to 
 prove on one part that the ship of war is authorised to take under 
 its escort such or such merchant ships of its nation laden with such 
 a cargo and for such a port ; on the other part, that the ship of 
 war of the belligerent party belongs to the imperial or royal fleet of 
 their Majesties. 
 
 § 4. — This verification made, there shall be no pretence for any 
 search if the papers are found in due form, and if there exists no 
 good motives for suspicion. In the contrary case, the captain of the 
 neutral ship of war (being duly required thereto by the captain of the 
 ship of war or ships of war of the belligerent power) is to bring to and 
 detain his convoy during the time necessary for the search of the ships 
 which compose it, and he shall have the faculty of naming and dele- 
 gating one or more officers to assist at the search of the said ships, 
 which shall be done in his presence on board each merchant ship, 
 conjointly with one or more oflicers selected by the captain of the 
 ship of the belligerent party. 
 
 § 5. — If it happens that the captain of the ship or ships of war 
 of the power at war, having examined the papers found on board, and 
 having interrogated the master and crew of the ship, shall see just 
 and sufficient reason to detain the merchant ship in order to proceed 
 to an ulterior search, he shall notify that intention to the captain of 
 the convoy, who shall have the power to order an officer to remain on 
 board the ship thus detained, and to assist at the examination of the 
 cause of her detention. The merchant ship shall be carried imme- 
 diately to the nearest and most convenient port belonging to the belli- 
 gerent power, and the ulterior search be carried on with all possible 
 diligence. 
 
 Article V. — It is also agreed, that if any merchant ship thus 
 convoyed should be detained without just and sufficient cause, the 
 
APPENDIX A. 247 
 
 commander of the ship or ships of war of the belligerent power shall 
 not only be bound to make to the owners of the ship and of the 
 cargo a full and perfect compensation for all the losses^ expenses, da- 
 mages, and costs occasioned by such a detention, but shall farther 
 be liable to an ulterior punishment for every act of violence or other 
 fault which he may have committed, according as the nature of the 
 case may require. On the other hand, no ship of war with a convoy 
 shall be permitted, under any pretext whatsoever, to resist by force 
 the detention of a merchant ship or ships by the ship or ships of 
 war of the belligerent power ; an obligation which the commander of 
 a ship of war with convoy is not bound to observe towards privateers 
 and their fitters-out. 
 
 SWEDEN. 
 1803. July 25. Londok. 
 
 Article I. — In case that one of the contracting parties shall D'Hauterive 
 remain neutral in a war in which the other contracting party shall torn. vii. p. 
 be engaged, the vessels of the neutral power shall not convey to the 281. 
 enemy or enemies of the belligerent power any coined money, arms, 
 bombs with their fusees and appurtenances, carcasses, gunpowder, 
 matches, buUets, lances, swords, pikes, halberts, saucisses, mortars, 
 petards, musket- rests, bandoliers, saltpetre, muskets and their balls, 
 helmets, cuirasses or coats of mail, or other kind of arms, troop- 
 horses, or any thing necessary for the equipment of cavalry, pistols, 
 belts, or other instrument of war, ships of war or guardships, nor 
 any manufactured article of immediate use in their equipment, and 
 that under pain of confiscation when these articles shall be seized 
 by either of the contracting parties. 
 
 Article II. — The cruizers of the belligerent powers shall be 
 authorized to detain the vessels of the neutral power going to the 
 port of the enemy with cargoes of provisions, and of pitch, resin, 
 tar, hemp, and generally all unmanufactured articles used in fitting 
 out merchant vessels (with the exception of herrings, iron in bars, 
 steel, red copper, brass and brass wire, planks ', unless those of oak 
 excepted) ; and if the cargoes thus exported by the vessels of the 
 neutral power are the produce of the territory of that power and 
 laden on account of its subjects, the belligerent power in this case 
 shall be entitled to purchase the same on condition of paying a 
 
 ' Planches et madriers, hors ceux de chines et esparres. 
 E 4 
 
248 APPENDIX A. 
 
 profit of 10 per cent, on the price of the bill of lading faithfully 
 declared, or on the market price, whether in Sweden or England, at 
 the choice of the owner, and moreover an indemnity for the de- 
 tention and all necessary expenses. 
 
 Article III. — If the cargoes specified in the preceding article 
 (not being the property of an enemy), being en route with an avowed 
 destination to a neutral port, be detained on suspicion of being actually 
 destined for that of an enemy, and it is discovered after due in- 
 quiry that they were really destined for a neutral port, they shall 
 be at liberty to prosecute their voyage after having obtained an 
 indemnity on account of the detention and their necessary expenses, 
 unless the government of the belligerent state, having a well founded 
 fear that they might faU into the hands of the enemy, is desirous of 
 purchasing the same ; in which case they shall receive the full price 
 that they would have obtained at the neutral port of their desti- 
 nation, with an indemnity for the same and all necessary expenses. 
 
 Article IV. — Herrings, iron in bars, steel, red copper, brass, 
 brass wire, planlcs ', shall not be subject to confiscation or to the 
 right of pre-emption on the part of the party belligerent, but they 
 may be freely conveyed in neutral vessels, provided they are not the 
 property of an enemy. 
 
 PORTUGAL. 
 
 1810, February 19. Rio de Janjsibo. 
 
 Hevtlset, vol. Article XXVIIT Under the name of contraband or prohibited 
 
 II. pp. 27. 59. articles shall be comprehended not only arms, cannon, harquebusses, 
 mortars, petards, bombs, grenades, saucisses, carcasses, carriages for 
 cannon, musket-rests, bandoliers, gunpowder, match, saltpetre, ball, 
 pikes, swords, head-pieces, helmets, cuirasses, halberts, javelins, 
 holsters, belts, horses and their harness, but generally aU other 
 articles that may have been specified as contraband in any former 
 treaties concluded by Great Britain or by Portugal with other 
 powers ; but goods that have not been wrought into the form of 
 warlike instruments, or which cannot become such, shall not be 
 reputed contraband, much less such as have been already wrought 
 and made up for other purposes; all which shall be deemed not 
 contraband, and may be freely carried by the subjects of both sove- 
 reigns even to places belonging to an enemy, excepting only such 
 places as are besieged, blockaded, or invested by sea or land. 
 
 ' Vide note, p. 247. 
 
APPENDIX B. 249 
 
 BRAZILS. 
 
 1827. August 17. Rio de Janeiro. 
 
 Article XV. — In order to regulate what is in future to be Marten, Re- 
 deemed contraband of war, it is agreed that under the said deno- cus'l' t"™- ■^u- 
 mination shall be comprised all arms and implements serving for the P" 
 purposes of war by land or by sea, such as cannon, muskets, pistols, 
 mortarsj petards, bombs, grenades, carcasses, carriages for cannon, 
 musket-rests, bandoliers, gunpowder, match, saltpetre, ball, pikes, 
 swords, head-pieces, cuirasses, halberts, lances, javelins, horse furni- 
 ture, holsters, belts, and generally all other implements of war, as also 
 timber for shipbuilding, tar or resin, copper in sheets, sails, hemp 
 and cordage, and generally whatsoever may serve directly to the 
 equipment of vessels of war, unwrought iron and fir-planks ex- 
 cepted, and all the above articles are hereby declared to be just 
 objects of confiscation whenever they are attempted to be carried to 
 an enemy. 
 
 APPENDIX B. 
 
 [The following extracts are principally taken from a manuscript 
 copied from the papers of Sir Nathaniel Lloyd, D.C.L., a distin- 
 guished advocate at Doctors' Commons, who was appointed advocate- 
 general in 1710, and held that oflSce sixteen years. The manuscript 
 has in several places corrections in the handwriting of Sir George 
 Lee, many of a very trivial nature, but which clearly prove how 
 carefully it has been perused and examined by him.] 
 
 Mules and Directions appointed by his Majesty in Council to be 
 observed by the High Court of Admiralty in the Adjudication of 
 Primes. 
 
 \. That where the ship or vessel brought in as prize shall belong Feb. 22. 1664. 
 to the states of the United Provinces, or any of their subjects, or 
 any inhabiting with them, in such ease no claim shall be admitted unfree%oods. 
 for the goods, but both ship and goods shall receive one and the 
 same judgement, and both be judged and condemned as good and 
 lawful prize; except sufficient letters of safe conduct from his 
 Majesty or Royal Highness ' be produced, or proved to be granted, for 
 the said ship and goods. 
 
 ' James, Duke of York, afterwards James II., was appointed by his 
 brother Charles IL, High Admiral of England. 
 
250 
 
 APPENDIX B. 
 
 Unfree person 
 or goods, un- 
 free ship. 
 
 No claim with- 
 out authority 
 from the ow- 
 
 The master to 
 claim for ow- 
 ners and ma- 
 riners without 
 procuration. 
 
 The claim to 
 he made by 
 any one of the 
 partners. 
 If not partners, 
 by each par- 
 ticular person. 
 Fighting, 
 burning, or 
 concealing 
 ship's papers, 
 no papers, 
 false papers. 
 Ship and goods 
 to be con- 
 demned. 
 Carrying con- 
 traband goods 
 to any port. 
 
 Condemnation 
 upon presump- 
 tion of fraud, 
 without securi- 
 ty in case of 
 failure to 
 prove pro- 
 perty. 
 
 Upon appeal 
 
 2. That where the ship shall belong to any of his Majestyes 
 friends, allyes, or subjects^ or any of thera^ and shall have persons or 
 goods found aboard her belonging to any of the states of the United 
 Provinces, their subjects or inhabitants, in such case the said ship 
 and the said goods shall be alike condemned as good and lawful 
 prize. 
 
 3. That, where ship and goods seized and brought in as prize 
 shall be claimed to belong wholly to his Majestys friends, allyes, or 
 subjects, or any of them, there, though claim shall be allowed to be 
 entred in the Court of Admiralty, yet no claim shall be allowed or 
 suflfered to proceed but where sufficient authority from the owners 
 themselves is produced in Court or made sufficiently to appear, but 
 the master shall be allowed to have sufficient power to claim the 
 ship for his owners, and also whatsoever goods pretended to belong 
 to his owners, without special procuration from them ; also what 
 goods are pretended to belong to himself and mariners ; also so 
 much of the lading as shall belong to the freighters in partnership, 
 the claim may be made by any one of them, or any other having 
 authority from them or any of them. But where the lading shall 
 belong to several merchants not in partnership, the claim shall be made 
 by each particular person for his respective part of the lading, or by 
 some that hath authority from the respective persons, and not otherwise. 
 
 4. That where any ship met withall by any of the King's royal 
 navy, or other ship commissioned by his authority, shall fight or 
 make resistance, or the said master or any of the company shall 
 throw, burn, tear, or conceal any of the ship's papers or documents, 
 or shall have no papers at all found on board in the said ship, or 
 shall bring and offer to the Court any false writings for evidence, 
 thereby to clear her or her goods, or any of them, the said ship and 
 goods shall be judged and condemned as good and lawful prize. 
 
 5. That if any ship or vessell shall be met withall carrying arms, 
 powder, ammunition, or provisions of victuals, or any contraband 
 goods, to any port of the state of the United Provinces, or into any 
 of their territorys, lands, plantations, or countries, such ships or 
 vessells, together with the said arms, powder, ammunition, provision 
 of victual, and contraband goods, shall be seized and brought in, and 
 shall be judged and condemned as good and lawful prize. 
 
 6. That where the Court shall have a strong presumption that the 
 claim entered is fraudulent,'the Court shall proceed to condemnatiouj 
 unless he (the claimant) give sufficient security, in case he fail to 
 prove his property, to pay such cost as the Court shall adjudge 
 against him. 
 
 7. That if a claim, either of ship or goods, or both, shall be 
 judged against, and the claimant shall make an appeal, such ship or 
 goods so claimed shall be forthwith valued and sold, and the money 
 proceeding of the same shall remain deposited till such appeal be 
 
APPENDIX B. 
 
 deteffcined. But in that case also security shall be given before the 
 Judges in the appeal by such appellant, to pay such costs as the 
 Court shall adjudge against him, in case such appeal shall be ad- 
 judged against. 
 
 8. That upon notice given to the Court of Admiralty of the 
 seizing and bringing into port of any prize, the Court shall send forth 
 a process to be hanged up upon the Exchange or other most public 
 place, whereby all that pretend to have any right or claim may come 
 in and enter their claims in Court in such case where such claim 
 is allowed. And if no person shall come in to claim within 14 
 days after the publication of the said process, then the Court shall 
 forthwith proceed towards adjudication. And in case any shall come 
 in to claim, if the goods shall be perishable, the Court shall forthwith 
 order an appraisement and sale ; and though they shall not appear to 
 be perishable, yet, if the claimer shall have a commission into foreign 
 parts, for the proof of his property, the Court shall also order an 
 appraisement as aforesaid. 
 
 9. That the Court of Admiralty shall sit twice a week, or oftener, 
 as occasion shall require, to give dispatch to the affair of prize ships 
 and goods. 
 
 At the Court at WhitehaU, the 22nd of February, 1664, the 
 aforesaid rules and directions to be observed by the High Court of 
 Admiralty in adjudication of prizes, being this day read at the 
 board and approved, it was ordered by his Majesty in Councill 
 that the same be forthwith sent unto the Judges of his Majestyes 
 said High Court of Admiralty to be strictly observed and duly put 
 in execution. 
 
 Richard Browne. 
 
 251 
 
 ship and goods 
 to be valued, 
 and money to 
 be deposited 
 to pay costs 
 if the appeal 
 be judged 
 against. 
 Process. 
 
 Claim to be 
 made within 
 fourteen days. 
 
 Appraisement 
 if either goods 
 be perishable 
 or commission 
 be desired. 
 
 AT COURT OF WHITEHALL. 
 
 May 22. 1672. 
 Present 
 
 The King's Most 
 His Highness Prince Rupert. 
 Lord Archbishop of Canterbury. 
 Lord Keeper. 
 Duke of Lauderdale. 
 Earl of Bridgwater. 
 Earl of Essex. 
 Earl of Anglesey. 
 Earl of Bath. 
 Earl of Carlisle. 
 Earl of Craven. 
 
 Excellent Majesty. 
 Earl of Arlington. 
 Earl of Shaftesbury. 
 Viscount Falconberg. 
 Viscount HaUifax. 
 Lord Bishop of London. 
 Lord Newport, 
 Lord Clifford. 
 Mr. Secretary Trevor. 
 Mr. Chancellor of the Dutchy. 
 Master of the Ordnance. 
 
252 
 
 APPENDIX B. 
 
 Unfree ships, 
 unfree goods. ' 
 
 No claim 
 Tvichoat au- 
 thority from 
 the owners. 
 
 Master to 
 claim for ow- 
 ners and ma- 
 riners without 
 prosecution. 
 
 The claim to 
 he made by 
 any one of the 
 partners. 
 
 If not partners, 
 hy each par- 
 ticular person. 
 
 Fighting, 
 burning, or 
 concealing 
 ship's papers, 
 no papers, 
 false papers. 
 Ship and goods 
 to be con- 
 demned. 
 
 Carrying con- 
 traband goods 
 to any port of 
 enemy. 
 
 Rules and Directions appointed by his Majesty in Council! to be 
 observed by the High Court of Admiralty in the Adjudication of 
 Prizes. 
 
 1. That where the ship or vessell brought in as prize shall belong 
 to the states of the United ProvinceSj or any of their subjects, or 
 any inhabiting with thenij in such case no claim shall be admitted 
 for the goods, but both ship and goods shall receive one and the 
 same judgment, and both be judged and condemned as good and 
 lawful prizes, except sufficient letters of safe-conduct from his Ma- 
 jesty or his Royal Highness be produced, or proved to be granted 
 for the said ship or goods. Ead.^ 
 
 2. That where ship and goods seized and brought in as prize 
 shall be claimed to belong wholly to his Majestys friends, aUyes, or 
 subjects, or any of them, then the claims shall be allowed to be 
 entered in the Court of Admiralty, yet no claim shall be allowed or 
 suffered to proceed but when sufficient authority from the owners 
 themselves is produced in Court, or made sufficiently to appear ; 
 but the master shall be allowed to have sufficient power to claitn the 
 ship for his owners, and also whatsoever goods pretended to belong 
 to his owners, without any special procuration from them, and also 
 what goods are pretended to belong to himself and mariners, and 
 for so much of the lading as shall belong to the freighters in partner- 
 ship the claim may be made by any of them, or any other having 
 authority from them, or any of them. But where the lading shall 
 belong to several merchants not in partnership, the claim shall be 
 made by each particular person for his respective part of the lading, 
 or by some that hath authority from the respective persons, and not 
 otherwise. Ead. 
 
 3. That where any ship met withall by any of the Kings royal 
 navy, or other ships commissioned 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 ship's papers or documents, 
 or shall have no 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 judged and condemned as good and 
 lawfull prize. Ead. 
 
 4. That if any ship or vessell shall be met withall carrying of 
 arms, ammunition, powder, or provision of victuals, or any contra- 
 band goods, to any port of the states of the United Provinces, or 
 into any of their territorys, lands, plantations, or countries, such 
 ship or vessel, together with the said arms, powder, ammunition, 
 
 ' Ead. at the end of an article shews it to be the same with the rules 
 of 1664. 
 
APPENDIX B. 
 
 253 
 
 provision of victuals^ and contraband goods, shall be seized and 
 brought iUj and shall be adjudged and condemned as good and 
 lawful prize, Ead. 
 
 5. That no claim shall be admitted in the Admiralty Court till 
 the claimer first give sufficient security to pay such costs and 
 damages, in case he fails to prove his property, as the Court shall 
 adjudge against him. Nova. 
 
 6. That if a claim either of a ship or goods, or both, shall be 
 judged against, and the claimant shall make an appeal, such ship 
 and goods shall be forthwith valued and sold, and the money pro- 
 ceeding of the same shall remain deposited till such appeal be 
 determined. But in that case also security shall be given before 
 the Judges in the appeal by such appellant to pay such costs as the 
 Court shall adjudge against him, in case his appeal shall be judged 
 against. Ead. 
 
 7. That upon notice given to the Court of Admiralty of the 
 seizing and bringing into port of any prize, the Court shall send 
 forth a process to be hanged up upon the Exchange, or other most 
 publick place, whereby all that pretend to have any right to claim 
 may come in and enter their claims in Court in such case where 
 such claim is allowed; and if no person shall come in to claim 
 within 14 days after publication of the said process, then the 
 Court shall forthwith proceed to adjudication, and in case any 
 shall come in to claim, if the goods shall be perishable, the Court 
 shall forthwith order an appraisement and sale ; and though they 
 shall not appear to be perishable, yet if the claimers shall have a 
 commission into foreign parts for the proof of their property, then 
 the Court shall also order an appraisement and sale as aforesaid. Ead. 
 
 The Court of Admiralty shall sit twice a week, or oftner, as 
 occasion shall require, to give dispatch to the affair of prize ships 
 and goods. Ead. 
 
 It is this day ordered in councel that the aforesaid rules and 
 directions be observed by the High Court of Admiralty in the adju- 
 dication of prizes, and that the same be forthwith sent to the Judge 
 of his Majestyes said High Court, to be strictly observed and duly 
 put in execution. 
 
 Edwd. Walker. 
 
 Pub. Srd June, l672. 
 
 Claimfer to 
 give security 
 for costs. 
 
 Upon appeal 
 ship and goods 
 to be valued. 
 Money to be 
 deposited. 
 
 To pay costs 
 if appeal be 
 adjudged 
 
 Process. 
 
 Claim to be 
 made within 
 fourteen days. 
 
 Appraisement 
 if either goods 
 be perishable, 
 or commis- 
 sion be de- 
 sired. 
 
 POSITIONS. 
 1. It is not in the power of any prince alone to abrogate or dis- 
 annuU that paction or agreement which is made between him and 
 another prince ; but it is without dispute that the first agreement 
 ought to stand untill a war or falling out happen between them. 
 His Majestyes rules therefore, being of a later date, and his own 
 
254 APPENDIX B. 
 
 single act, to which other princes are not parties, cannot conntermand 
 or evacuate former treaties, which must necessarily be preferred 
 , before them. Neither do the rules themselves gainsay or control 
 
 any treaties made with foreign princes, however the execution may 
 sometimes seem to the contrary, upon very great suspition that the 
 true intent of the treaty is not duly observed by other princes. 
 
 2. The goods of an enemy in a friend's bottom may be lawfully 
 seized ; but enemy's goods, neither by the law of nations, nor by his 
 Majestyes present rules, wiU confiscate a friend's ships. (Vid. Grot, 
 lib. S. cap. 6. par. 5 et 6.) 
 De Eufrow §_ Navis hostilis non afflcit res amicorum, quod juris est de toto, 
 
 yatherma, quoad totum ; idem juris est de parte, quoad partem. A part either of 
 
 Claim for " ^^ip or goods may be claimed by a friend as well as the whole, 
 one-eighth part 4. The throwing away of paper is such an indication that they 
 of ship ad- were material to the concerns of the ship and lading, that the proof 
 
 mitted. of tbe contrary will be hardly admitted, for cut bono was the throw- 
 
 Affirmed on ing them away, if it were not to save the ship or goods, and missive 
 appeal, and letters are many times great evidences of the condition both of ships 
 A^rU U™m6 ^""^ ladii^, especially letters to the master and factors, which fre- 
 hiS quar'e ' qnently discover the whole design, quality, and property both of 
 under what ships and ladings, from whence come and whither bound. (Vid. 
 circumstances? the 40thi Article of the Placcart of King Phillip of Spain, 1024., 
 Cleirac, p. 445.) 
 
 5. The want of passports and certificates, if there be other writings 
 in her, cannot prejudice the ship ; neither are passports and certifi- 
 cates necessary ; but some papers are necessary, and these may be 
 dated as well before the war as since, so the war be not of long con- 
 tinuance ; and though passports that be after the forms prescribed in 
 treaties be necessary to avoid search and bringing up of ships, and 
 so avoid great trouljle and charge, yet the ships and lading may be 
 preserved from confiscation without them, so they be furnished with 
 other writings and proofs that may demonstrate them to belong to 
 friends. But then they are not so free of being seized to undergo a 
 stricter examination, as if they carried such formal pass as by treatys 
 are agreed on. 
 
 6". It is not the having aboard false and double writings that is a 
 ground of confiscation, but the offering false or double writings in 
 evidence, to clear the ship, that ought to condemn her. Yet, if they 
 be not reall, or insisted upon, or enforced, for evidence to clear her, 
 they can do nothing to warrant confiscation. Nor do I think that 
 the evidence in the preparatory, whether of master or mariners, or 
 other ship evidence, contradicting the documents, do make them 
 
 ' Art XL. " Papers thrown goods, until it appear that the said 
 overboard, or torn, or no papers documents have been lost by mis- 
 found aboard, shall confiscate the chance without their fault." 
 
APPENDIX B. g53t 
 
 false^ except there be a positive proof to affect them with falsehood ; 
 that is, that they were forged and formed by a false hand, and not 
 so as they pretend to be ; for confiscation is never made upon pre- 
 sumptive grounds of falsehood only, but the proof of falsehood must 
 be evident and convincing, to induce a confiscation in this case, ex- 
 cept mere presumptions concur to condemn also. Neither do I think 
 the finding of double bills in the ship, the one to make a ship bound 
 to a free port, the other to a port unfree, ought to confiscate the ship, 
 for that artificial colour is lawfuU in time of danger, and practised 
 and allowed by all nations. But then, indeed, where double bills ' 
 are, they that have them must more clearly prove the ship and 
 goods do belong to a friend, and not to an enemy, and were going to 
 a friend's port, and not to an enemy's ; and that this is the truth, 
 and the other was but a mere colour, for without an evident proof 
 one enemy will be apt to suspect the worst that may be of another, 
 and will in time of war condemn rather than restore. 
 
 7. By the law of nations, a ship carrying contraband goods for- 
 feits itself only and the said goods contraband ; but not any other 
 goods besides that are not contraband ; and so it is by the King's 
 rule. (Vid. Reg. 4. l672.) Setting aside what are by treaties 
 agreed to be contraband, which must be so esteemed, whatsoever they 
 be, and no other, I also agree that iron, pitch, tar, hemp, clypehard ^, 
 planks, com, excepting wainscott, wine, oyle, salt, will be accounted 
 contraband, under which all such things which are of a general 
 use of furnishing the war, and those that are in arms are properly 
 comprehended. 
 
 Nothing is forfeited but what is taken going to the enemy ; for, 
 after the contraband goods are deUvered, neither the ship nor the 
 proceed of the contraband goods, upon the return, will be lyable upon 
 that account singly to confiscation, much less will any other lading 
 in the ship be confiscated. 
 
 8. No number of mariners, nor the master, being a Dutchman, 
 will confiscate the ship, neither by the law of nations nor by any 
 rule of the King now in force. 
 
 9. If the Dutch property be quite and absolutely bought, and the 
 money paid, the ship is secure both the first voyage before she 
 arrived at the free port, and for ever, so long as it remains out of an 
 enemy's hands ; for the ground and cause of confiscation is taken 
 away. 
 
 10. Embden was, in the last war with the Dutch, looked upon 
 and adjudged as an enemy, and so accounted still ; and if any nation 
 shall consent to entertain a Dutch garrison in any of their territoryes, 
 that part at least where it bears command will be acounted an 
 enemy, but not so if a garrison be brought in and fixed there by 
 constraint and force. 
 
 ' As to double false papers, vide Grot, lib, 3. cap. 1. per Mum. 
 ' Clapboard. 
 
256 
 
 APPENDIX B. 
 
 11. The using a Dutch flag is like other colourable things that are 
 made use of to secure and preserve our best friends ; andj therefore, 
 if there be nothing else, can be no ground of confiscation. (Vid, 
 Grot. lib. 3. cap. 1. par. 8.) 
 
 12. When the enemy runs the risque, the very capture makes it to 
 become and belong to enemy ; and therefore, in that ease of insur- 
 ance, what is insured by the enemy will be confiscate ; yet the pre- 
 mium given for insurance ought in equity to be repaid by the taker. 
 
 13. If the Dutch let to freight and enter goods for friends and 
 allyes not in any right of their own, they ought not to be judged as 
 goods of the enemy, they being factors merely for other men that 
 are friends ; but, indeed, coming from an enemy's country, and let 
 and entered by Hollanders, it is lyable to suspition, and wiU run 
 through a stricter examination ; but the truth being made to appear, 
 the law will not confiscate in this case. 
 
 14. The ignorance of a war ought to safeguard a ship and goods 
 from confiscation for want of necessary documents or carrying con. 
 traband goods or such like, till such time reasonable is past ; within 
 which time probably a knowledge of the war may incur, and the 
 measure of such time cannot nor is not made certain by the law, 
 because distance of place is so various. It is therefore left to the 
 discretion of the Judge, who must judge one way or other, as the 
 circumstances of the case shall incline him ; but doubtless if intel- 
 ligence thereof can have come by the post, he that shall act con- 
 trary will be judged to be in matjA fide. 
 
 15. If, by the confession and deposition of the skipper and some 
 ^tc. in orig. of the mariners be intended, the examination in the preparatory, 
 
 which are taken, when the ship is first brought up, by commissioners 
 specially deputed to take them, in the absence of partyes interested, 
 and whereto they are no partys, nor minister any interrogatories, this 
 proof will condemn, if it stand single, and no other comes to the 
 contrary. But contrary proof wiU be admitted ; and if it be well 
 fortifyed, it will and ought to prevail. (Vid. 6. Position.) 
 
 It is a suspitious thing in time of war for a ship to be taken going 
 by the northern passage ; but it makes no presumption that it is 
 unfree, much less will condemn, especially when any contrary evi- 
 dence come to assert its freedom ; and though it be more suspicious 
 a great deale to take a ship on the enemy's coast with contraband 
 goods, and standing single may condemn her, yet because she may be 
 forced thither by a storm, and that really she might be going to a 
 friend's port, a contrary proof will be admitted ; and if it be clear 
 it will free the ship from confiscation. 
 
 R. W., Ad. R. 
 
 May 23. 1672. 
 
 (Sr. RoBT. Wiseman, K.'s Advocate.') 
 
 ' Vide Jonge Margaretha, 1 Rob. 192. 
 
APPENDIX B. 257 
 
 INSTRUCTIONS TO PRIVATEERS. 
 18 th June, 1744. 
 
 Article IV. — That all captains and commanders of ships who 
 have or shall have letters of marque or commissions for private men- 
 of-war, are hereby required and enjoined to observe carefully and re- 
 ligiously the terms of the treaty-marine between his late Majesty 
 King Charles II. and their High Mightinesses the States General of 
 the United Netherlands, concluded at London the 1st day of De- 
 cember, 1674, old style, and confirmed by subsequent treaties ; 
 and they are hereby required to give security pursuant to the tenth 
 article of the aforesaid treaty-marine for the due performance 
 thereof. 
 
 Article V. — That all sorts of fire-works and things thereto be- 
 longing, as cannon, muskets, mortars, petards, bombs, grenadoes, 
 saucisses, peckransen, carriages, rests, bandoleers, powder, match, 
 saltpetre, bullets, pikes, swords, head-pieces, cuirasses, halberts, 
 horses, saddles, holsters, belts, sailwork, rigging, cables, cordage, 
 masts, lead, pitch, tar, hemp, together with all other equipage that 
 serves for sea and land, laden in Danish or Swedish ships, or ships 
 belonging to neutral countries, and bound to the enemies' country, 
 are accounted contraband goods. 
 
 Article IX. — That the said commanders of such merchant ships 
 or vessels who shall obtain the said letters of marque or commission 
 as aforesaid for private men-of-war, shall not do or attempt any 
 thing against the true meaning of any article or articles, treaty or 
 treaties, depending between us and any of our allies, touching the 
 freedom of commerce in the time of war, and the authority of the 
 passports or certificates under a certain form in some one of the ar- 
 ticles or treaties so depending between us and our allies as aforesaid, 
 when produced and shewed by any of the subjects of our said allies, 
 and shall not do or attempt anything against our loving subjects, or 
 the subject of any prince or state in amity with us, nor against their 
 ships, vessels, or goods ; but only against France and Spain, their 
 vassals and subjects, and others inhabiting within their countries, 
 territories, or dominions, their ships, vessels, and goods, except as 
 before excepted ; and against such other ships, vessels, and goods as 
 are or shall be liable to confiscation. 
 
 Article XVII. — That all persons who shall violate these instruc- 
 tions shall be severely punished, and also required to make full 
 reparation to persons injured contrary to these instructions, for 
 all damages they shall sustain by any capture, embezzlement, de- 
 murrage, or otherwise. 
 
 s 
 
258 APPENDIX B. 
 
 REGULATIONS OF IMPERIAL CITY OF HAMBURGH. 
 
 18th September, 1778. 
 Determination of Contraband. 
 
 Article XVI. — The goods that, according to the law of nationSj 
 are considered unexceptionably contraband, are all things serving for 
 direct ammunition of war ; viz., guns, muskets, mortar-pieces, bomb 
 shells, puddings, pitched hoops, carriages for ordnance, rests for 
 muskets, bandoleers, matches, powder, balls, pikes, swords, morions, 
 helmets, cuirasses, halberds, darts, horses, saddles, and holsters, which 
 and the like goods it is absolutely prohibited to deal in or trafflck with, 
 and no exception or excuse to be admitted or take place against it. 
 
 Further Contrabands not consisting in direct Ammunition. 
 
 Article XVII. — For determining and knowing the other contra- 
 bands not consisting in direct ammunition of war, any one is to in- 
 spect and observe the public declaration of the powers at war, or the 
 instructions given with letters of marque, the contracts of commerce, 
 and the laws of neutrality. 
 
 INSTRUCTIONS FOR PRIVATEERS. 
 21st December, 1780. 
 
 Article XIII. — Whereas, notwithstanding our former instructions 
 to the several commanders aforesaid, that nothing be in any wise at- 
 tempted against the ships, vessels, and goods of any prince or state 
 in amity with us or of their subjects ; yet it hath so happened, from 
 ignorance of the several treaties subsisting between us and foreign 
 powers, that several commanders of private ships of war have sub- 
 jected themselves to very great costs and damages in our High Court 
 of Admiralty for such irregular proceedings. We being desirous to 
 adhere strictly to the faith of treaties, and as much as possible to 
 prevent all illicit proceedings, do make known more particularly that 
 the several treaties of January 29. 1641-2, and of July 10. l654, 
 subsisting between the British and Portuguese nations, are to be 
 duly observed according to former precedents ; and especially the 
 23rd article of the last-mentioned treaty, whereby all goods and 
 merchandizes of the enemies of either of the contracting parties put 
 on board the ships of either of them, or of their people or subjects, 
 shall remain untouched : provided always that nothing shall appear 
 by any persons on board the said ships, or by any letters, papers, or 
 
APPENDIX B. 259 
 
 Other documents found on board the same, or by any other strong, 
 circumstantial, and probable proofs, that the ship belongs in the 
 whole or in part to any enemies of the crown of Great Britain, or 
 is going to or coming from the British colonies in America, or is 
 carrying the goods of our rebellious subjects, or is otherwise con- 
 cerned in any illegal trade ; and we farther will, that all due respect 
 be paid to the passports of her Portuguese Majesty, and to the cer- 
 tificates or cockets of the officers of her customs, whereby it shall 
 appear that the party obtaining the same did make oath before the 
 proper magistrate or officers, that the appearer was truly a subject 
 resident generally himself and family, if he hath one, in the domi- 
 nions of her Portuguese Majesty, and that no other person than him- 
 self or other Portuguese subjects have, at the time of obtaining 
 such passport or certificate, or will have in view at the arrival of the 
 ship at her destined port, any right, interest, or property in the said 
 ship, and that the said certificates or cockets contain a fair, full, 
 and true particular of the goods on board, and that such passports be 
 granted for the voyage only out and home and for ships only lying 
 at* that time in some port of the Portuguese dominions, when or 
 where the same shall be granted. 
 
 Article XIV. — That, in conformity to an explanatory article of 
 the treaty of alliance and commerce between England and Denmark, 
 concluded at Copenhagen, July 2. I67O, which hath been concluded 
 and agreed upon between lis and the King of Denmark, " all sorts of 
 " arms and things thereto belonging, as cannons, muskets, mortars, 
 " petards, bombs, grenadoes, saucisses, carriages, rests, bandoleers, 
 " powder, match, saltpetre, bullets, pikes, swords, headpieces, cui- . 
 " rasses^ halberts, lances, javelins, horses, saddles, holsters, belts, 
 " and generally all other implements of war ; as also ship-timber, 
 " pitch, tar, rosin, copper in sheets, sail cloth, hemp, cordage, and 
 " generally everything that is used in the equipment of ships (except 
 " unwrought iron and fir planks), laden in Danish ships and bound 
 " to the enemies' country, are accounted contraband goods. But 
 " fish and flesh, fresh or salted, wheat or other grain, flour, pulse, 
 " oil, wine, and generally everything that serves for the nourish- 
 " ment and sustenance of life, laden in Danish ships and bound to 
 " the enemies' country, are not accounted contraband, provided that 
 " the places to which they are bound are not besieged or blocked 
 " up." 
 
 Article XV. — Whereas, notwithstanding our former instructions 
 to the several commanders aforesaid, some inconvenience has arisen 
 from an ignorance of the nature and extent of our engagements with 
 our good sister the Empress of all the Russias, we being deter- 
 mined to adhere strictly to the faith of those engagements, and 
 solicitous to prevent as much as possible all illicit proceedings, do 
 hereby enjoin to all the several commanders aforesaid the strictest 
 
 6 2 
 
260 
 
 APPENDIX B. 
 
 observance of the stipulations of the Xth and Xlth Articles of the 
 treaty of commerce concluded between us and her Imperial Majesty 
 on the 20th June, 1766 ; which articles are here inserted that they 
 may be accurately known to all the aforesaid commanders and ob- 
 served by them as an inviolable law. 
 
 Article X. — "■ The subjects of the two high contracting parties 
 " shall be at liberty to go, come, and trade freely with the states 
 " with which one or other of the parties shall at this or at any 
 " future period be engaged in war, provided they do not carry 
 " warlike stores to the enemy; this liberty, however, not to extend 
 " to places actually blocked up or besieged either by sea or land. At 
 " all other times, and with the single exception of warlike stores, the 
 " aforesaid subjects may transport to these places all sort of mer- 
 " chandize as weU as passengers without the least impediment. In 
 " the searching of merchant ships, men-of-war and privateers shall 
 " behave as favourably as a state of actual war can possibly permit 
 " towards the most friendly neutral powers, observing as far as may 
 " be the principles and maxims of the laws of nations that are gene- 
 " rally acknowledged." 
 
 Article XI. — " All cannon, mortars, fire-arms, pistols, bombs, 
 " grenades, bullets, balls, fusees, flint-stones, matches, powder, salt- 
 " petre, sulphur, breastplates^ pikes, swords, belts, cartouche bags, 
 " saddles and bridles, beyond the quantity that may be necessary 
 " for the use of the ship, or beyond what every man serving on 
 " board the ship and every passenger ought to have, shall be ac- 
 " counted ammunition or warlike stores, and if found shall be con- 
 ." fiscated according to law as contraband goods or prohibited effects, 
 " but neither the ship nor passengers nor the other merchandizes 
 " found at the same time shall be detained or hindered from prose- 
 " cuting their voyage." 
 
 Article XIX That all persons who shall violate these or any 
 
 other of our instructions, shall be severely punished, and also 
 required to make full reparation to persons injured contrary to our 
 instructions for all damages they shall sustain by any capture, em- 
 bezzlement, demurrage, or otherwise. 
 
 AT THE COURT AT WHITEHALL. 
 
 Feb. 4. 1664. 
 
 By the Right Honourable his Majestyes Principal Commissioners 
 for Primes. 
 
 Whereas we are informed that upon tryall and adjudication in the 
 Court of Admiralty of several ships taken as prizes you proceed to 
 the condemnation of the bottoms as Dutch, and respite your sentence 
 
APPENDIX B. 261 
 
 as to the goods, with ofFer of time and liberty unto all claimants who 
 are likely to withdraw by their pretended proofs great quantityes of 
 the cargoes of ships condemned, we therefore, in pursuance of his 
 Majestyes command, and to prevent that the seizure of all enemy 
 ships may not by such liberty of claiming the goods become wholly 
 ineflfectuall ; and his Majesty having further declared himself that he 
 will speedily send you rides ' for your better direction therein, do 
 hereby pray and require you to respite all proceedings of that nature 
 until you receive further orders. 
 
 Albemarle. Henry Bennet. 
 
 St. Ar.BANs. Will. Morris. 
 
 Laudervill. Rob. Southwell. 
 
 John Berkley. 
 
 AT THE COURT AT WHITEHALL. 
 Feb. 22. 1664. 
 
 By his Majestyes Principal Commissioners. 
 
 Ordered that Embden and Ameland be reputed as members and 
 branches of Holland, the ships and goods belonging thereunto to be 
 condemned as enemies. 
 
 Buckingham. Ash by. 
 
 Ormond. Hen. Bennet. 
 
 Anglisey. 
 
 AT THE COURT OF WHITEHALL. 
 Feb. 28. 1664. 
 
 By the Right Honourable his Majestyes Principal Commissioners 
 for Prizes. 
 
 Whereas we formerly directed an order to you the Judge of the 
 High Court of Admiralty to stop proceedings in your court in 
 certain cases for a time, and believing now that the rules and di- 
 rections lately agreed on by his Majesty in councill are sent unto 
 you, we do hereby pray and require you not to make any further 
 stop, but to proceed on upon the hearing and adjudication of claims 
 according to the said rules and justice. 
 
 WHITEHALL. 
 
 May 18. 1665. 
 By his Majestyes Principal Commissioners of Prizes. 
 
 Canvas, masts, pitch, tar, and all other navall accommodations, 
 as also wine, oyl, brandy, fish, corn, salt, flesh, and all other things 
 that tend as provisions unto the support of life, as well as powder, 
 
 ' Vide Rules and Directions, p. 249. 
 s 3 
 
262 
 
 APPENDIX B. 
 
 guns, or other instruments of war, declared contraband goods, and 
 so intended by his Majestyes declaration of the 22nd Feb. l664. 
 (Vide supra p. 249.) (Vide the Positions, Article 7. p. 255.) 
 
 [To this order is annexed the following observation in Sir George 
 Lee's handwriting.] 
 
 N.B. — This order ' is not to be found in the registry of the 4-d- 
 miralty Court or in the Council Office. 
 
 JUST CAUSE OF SEIZURE. 
 
 In the treaty betwixt England and Swedeland, made since the 
 Dutch war. 
 
 (Tractatus, A.p. l66l., vide Art. 12.)*. — Officers empowered 
 shall make strict inquiry into ships and merchandizes; the masters 
 of ships and proprietors of goods shall make oath before them that 
 there are no enemy's goods concealed or contraband goods ; then 
 the owners' names, the quantities and qualities shall be specified in 
 sea-brief or passport, in form prescribed in the treaty. If a king's 
 man-of-war or privateer shall seize or carry out of her course any 
 merchant ship thus provided, unless it be upon just cause of suspi- 
 tion, such as is known beforehand, and such as may be proved by 
 most evident reasons, the taker shall be sevei-ely punished, and all 
 possible care shall be taken that the party aggrieved be reimbursed 
 of his damages. 
 
 Where these requisites are observed the judge of the Admiralty 
 fiised. ■■ " altered ought to refuse to pronounce for just cause of seizure, which imphes 
 "in Sir G. Lee's that the Swedes be condemned to pay, not only costs of Court, but 
 handwriting to also incident charges in the ports, which amount to £Q0, though the 
 •' ought to re- s^jp be but in ballast. 
 
 Reasons. 
 
 From the nature of treaties in general, for besides that they are so 
 much the more inviolable as the non-observances of them is of per- 
 nitious consequence, they are the law and the rule in judgment, and 
 (as every private man's part and covenant makes most strongly 
 against himself) must be taken against the King in these cases ; nor 
 is there any liberty left, iu interpreting them, to recede from the 
 literal, genuine sense ; for, if so, the great end of treaties (which is to 
 determine things ambiguous and to explain things obscure, by putting 
 forth the one and the other out of all question) would be quite 
 eluded ; and besides that matters of favours (as this free passage is 
 declared to be) are not to be restrained, but to be allowed the same 
 amplifications and extensions as the grants of princes relating to 
 their own subjects are in most favourable cases. 
 
 ' Refeiied to in the case of the " Med. Gudi Hielpen." Vide ante, 
 p. 202 ' Vide f. 213. 
 
 Orig. 
 
 fuse." 
 
APPENDIX B. 
 
 263 
 
 2. From the professed design and scope of this present treaty it Grotius de 
 was calculated for a time of war ; it was made up since our war Jure Belli, 
 began with the Dutch ; the preface requires it to be observed ad ^^- 2- cap. 16. 
 amussim et quam exactissime, and nothing to be done sub quacunque ' '^" 
 
 specie vel pretextu against the tenor of it; so that it seems now too late 
 to say that if the Swedes may not be sifted and their passports brought 
 to a test, the whole trade of the enemy will be carried on under their 
 colours. This should have been, and doubtless was, debated at the 
 making up of the treaty, but cannot be urged in a judicature where 
 all partyes to the treaty are to have equal benefit and the same 
 measures of justice ; yet we have the least reason, in common appear- 
 ance, to presume of so much of falseness in those magistrates and of 
 perjury in that people, since of the many ships with passports in form 
 there has not yet one pennyworth of enemy's goods been deprehended 
 aboard them. 
 
 3. From his Majesty's orders given in this case, and his royal 
 determination in another not unlike it', not to mention how rigid 
 observers our princes have always beea, not only of the leagues made 
 with their friends, but also of the truces and letters of safe conduct 
 granted to their enemies, insomuch that the breakers of leagues, 
 truces, and letters of safe conduct are, by several Acts of Parliament 2, 
 declared traytors, and as such to be proceeded against and punished. 
 His Majesty has, upon several occasions, in council declared his 
 utter dislike of disturbing the Swedes in their trade; has commanded 
 several of their ships to be forthwith discharged without paying any 
 charges at all, though himself must bear the incident charges of 
 waiters, examiners, and others employed in the ports below ; has 
 given orders that Swedes' ships should not be molested or diverted 
 in their course ; and his Royal Highness has, by his Majesty's 
 directions, written most expressly to his admirals and commanders 
 to the same effect. 
 
 That the Swedes will bring in a long score of damages for deten- Objection, 
 tion of their ships, which, if not struck off by some good expedient, 
 the King will be obliged to make- up. 
 
 The treaty says, indeed, the public must make reparation where Answer, 
 privateers do this mischief, if there be not 1200/. security entered . 
 into to answer the Swedes in case they suffer damage by any private 
 commission. In other cases the treaty says no more but that all care 
 shall be taken that the party aggrieved have redress according to the 
 equity of his case ; and there will be little ground to expect that his 
 Majesty shall answer their damages, considering the ir^any express 
 orders given by himself, as also by his Royal Highness, to prevent 
 
 1 Spanish prize taken by a Portuguese, 
 H. 5. 0. 7., 14 Ed. 4. c. 4. 
 
 S 4 
 
264 
 
 APPENDIX B. 
 
 Objection. 
 
 Answer. 
 
 Objection. 
 
 Answer. 
 
 and remedy those abuses. However, a sentence in the Admiralty to 
 justify what our men of war have done at sea can signify nothing, 
 unless it have its warrant in" law, and support in reason against the 
 objections of the contrary party. 
 
 That upon a demand of such damages as these are, which the 
 Swedes made in Cromwel's time, much was struck off" when it ap- 
 peared that just cause of seizure had been pronounced in the Admi- 
 ralty, and the sentence not appealed from. 
 
 Sweden had no such treaty as this to urge in those times. Sndly. 
 It doth not appear but that the causes of seizure were more justify- 
 abledejure communi than those in question. Srdly. When there 
 happens a cause of seizure that is reconcileable with this present 
 , treaty which is duly made proof of, it is pronounced without diffi- 
 culty, and so it is when any Swedish ships are brought up, going to 
 or from an enemy's port without sea-brief in form prescribed; but to 
 pronounce just cause of seizure against the express letter of the 
 treaty would make the sentence so grosly and absurdly void and null 
 in law, that it would not in the least preclude the Swedes from their 
 demands, though they should neglect the ordinary remedies of ap- 
 pealing ; for in this case, where there is nothing in the Acts of Court 
 to justify the sentence, and where the tenor of the treaty overthrows 
 it (for their querela nullitatis would be at any time within thirty 
 years), not to mention that, strictly speaking, there is no time prefixed 
 to extinguish men's rights by the law of nations. 
 
 Souldiers and illiterate seamen are not competent judges of sea- 
 briefs that are in the Latin or Swedish tongues, not being able to 
 discern whether they be in due form or else counterfeit, therefore the 
 ships must be brought in. 
 
 The treaty, which is the law in this case, has made them sole 
 judges, and that in favour of the English as well as Swedish free 
 trade. The Spaniard and the Hollander observe this article without 
 bringing the passport of each other to a judicial test in their Admi- 
 raltys ; nor do those of Algiers dispute the Duke of York's passports 
 because they are in the English tongue, or may be used in a colour, 
 as sometimes they are, to the goods of their enemies. 
 
 INSTRUCTIONS TO PRIVATEERS. 
 
 May 2. 1693. 
 
 3. Ships belonging to any prince or state in war with France, or 
 belonging to Altena, Gluckstadt, Hamburgh, Lubeck, Dantzick, and 
 other cities and places of the empire, as well on the East Sea as on 
 the rivers of the Elbe, Wcser, and Eems, although belonging to the 
 
APPENDIX B. 265 
 
 King of Sweden, Denmark, or other princes or states, as members 
 of the empire, and subject to the avocatories of the empire, which 
 shall be bound to, or coming from, France, or any of the dominions 
 of the French king, may be taken as prize. 
 
 4. All ships of any other nation that are bound to France, or 
 the dominions of the French King, from any place in war with 
 France, or subject to avocatories of the empire, or shall come from 
 France bound to any such place, shall be taken as prize, unless only 
 in baUast. 
 
 5. All ships carrying contraband to France may be seized also. 
 
 . 6. (^Concord. Nevi Instructions, i.8th June, 1744< ', concludes') 
 Equipage that serves for sea or land, laden in Danish ship, and 
 bound to enemies' country, are accounted contraband. 
 
 7. All goods specified in the 6'th article laden in neutral ships, 
 
 to be reputed contraband, and corn. N. B. Corn struck out of 
 
 these by Warrant from the Queen. 
 
 Q. Danish ships being furnished with passports, together with 
 authentic certificates relating to the oaths required by the Convention 
 with Denmark, the form of which pass and oaths are hereunto 
 annexed, may pass freely, except such ships as have not disposed of 
 their whole lading in the first port of France where they touched, 
 but together with remainder of their lading have taken in other 
 goods in that first port of France, and are proceeding towards an- 
 other place within the territory of the French King with the same, 
 and also except in the cases before mentioned. 
 
 10. Ships belonging to subjects of Sweden being provided with 
 passports and certificates, according to 12th Article of Treaty ^ be- 
 tween England and Sweden hereunto annexed, shall not be molested 
 otherwise than as in the said article is mentioned, or in the cases 
 before expressed, and that Swedish ships that shall appear to have 
 set sail out of any Swedish port before the 1st of May, 1693, shall 
 not be detained in case master or supercargo shall take like oath as 
 required by the form of a Swedish pass comprehended in said 12th 
 Article.^ 
 
 14. Concord. Qth Instruction of I8th June, 1744!.' 
 
 The Form of the Oaths, as also of the Passport or Pass 
 required by the convention with denmark. 
 
 Form of Oath to be taken by Owner of Ship, S[c., lading, if there 
 be but one. 
 
 1. The Danish owner to swear as to burden and property of 
 ship. 
 
 ' Firfep. 257. " F«/ep. 214. 
 
266 
 
 APPENDIX B. 
 
 2. That he intends the ship lying at Copenhagen, &c., shall go 
 from thence under conduct of N., burgher of Copenhagen, as master, 
 to Norway ; and from thence to Bordeaux (or other places), in 
 France, and from Bordeaux (or other places) directly return to 
 Copenhagen, or other port of Denmark, situated out of the Roman 
 empire ; and, after departure from Denmark, till return thither 
 again, he shall not touch at any other place but France, unless com- 
 pelled by stress of weather. 
 
 3. That hath not, or will, during voyage, make any collusive 
 agreement with any foreigner or inhabitant of any places subject to 
 Roman empire, for assigning or transferring the property of ship or 
 goods therein laden to any person ; nor will he make any such agree- 
 ment with any subject of Denmark, unless such subject shall oblige 
 himself by like oath to observe the articles of oath as far as the same 
 concerns the thing which shall be transferred. 
 
 4. That ship is not now laden, nor shall, until voyage ended, be 
 laden with my knowledge, &c., in whole, or in part, with contraband 
 goods, prohibited by edict of King of Denmark, dated 
 
 1697 ') or any other but such as do really belong to me alone, and 
 to no other, without fraud and collusion ; which goods, and no 
 other, the ship shall carry into France, and bring from thence. 
 
 5. Ship shall not carry any goods to France taken in at any 
 places subject to the Empire, or parties now at war ; nor shall unlade 
 any goods once laden in France in any other port of France, or in 
 the places subject to the Empire, or to the parties now in war in her 
 return, if by chance she should be compelled by stress of weather to 
 put into such places. 
 
 6. That hath not nor will give any authority to master to do any 
 thing contrary to articles. 
 
 The Oath of Master. 
 
 That nothing contrary to any of the aforesaid articles hath been 
 done that he knows of, and that nothing hereafter shall be done with 
 his knowledge or consent. 
 
 Oath of Owners, if more than one. 
 
 We, the real subjects of Denmark, declare and promise all matters 
 foUowring : — 
 
 That the ship called , belongs to , 
 
 tons burthen lasts, in manner 
 
 following ; viz., to A. B. ^ ; to E. F. f . 
 
 2. 3. That it is really agreed amongst us that the ships lying at 
 
 ' Vide post, p. 267., and Rob. Coll. Mant. 176. 
 
APPENDIX B. 267 
 
 [as above], and that none of us hath or will make any coUusive agree- 
 ments concerning the assigning our share, hereafter named, of ship 
 and lading during voyage. 
 
 4. That ship is not nor shall, till voyage ended, he laden with 
 consent of any of us with any goods hut such as belong to us alone, 
 without &c. [as before], viz., to A. 50 last, to B. and C. , 
 
 and the said goods only and no others, &c. The rest in same form 
 as that taken by master. 
 
 Certificate. 
 Certifies that our subject N. N., sworn burgher of &c., hath re- 
 presented to us that the ship called N., burthen , lying 
 at Copenhagen [or elsewhere'], doth belong to him^alone, loaded with 
 goods belonging to him alone, not prohibited by our edict of 16.Q7. 
 and put on board at Copenhagen, or elsewhere, in our kingdom, as 
 also in the Baltic Seas, or other places not engaged in the war, 
 
 \_Here the places are to be specified] 
 and not laden or to be laden with any other goods, is going directly 
 from the said places to Bourdeaux (or to some other place in France), 
 and from thence, laden with the goods likewise, to him alone belong- 
 ing, and no other, directly to return to Copenhagen (or to any other 
 places of our dominions out of Roman Empire), and that the voyage 
 shall be performed under conduct of N. N., inhabitant and sworn 
 burgher of Copenhagen, as master. All which premises our subject 
 having on oath aflBrmed, before magistrates of Copenhagen in our 
 Chancery, according to the form prescribed, we have thought fit to 
 grant our letters of safe conduct, &c. 
 
 Form of Pass where more Owners than One. 
 
 That subjects, &c., A., B., C, D., and certain other burghers, 
 &c., have represented to us, and affirmed on oath before magistrates 
 in Chancery, that ship, &c., does belong to them alone, and is now 
 laden with goods, which also bona, fide belong to them alone, &c., 
 and thence with goods belonging likewise to them alone, &c., which 
 being, &c. 
 
 A Copy of 11 and 12 Articles of the Treaty with Sweden, l66l ', 
 with the Form of the Pass, is annexed. 
 
 INSTRUCTIONS TO PRIVATEERS. 
 29th January, 1704-5. 
 2. In conjunction with the States-General, being willing to en- 
 ' Vide, p. 21S, 
 
268 APPENDIX B. 
 
 courage our and their subjects in their intercourse with the Spanish 
 nation in the West Indies, as shall be inclined to acknowledge the 
 Title of Car. Ill , with whom we are in friendship, direct no vio- 
 lence to be done by privateers on main land of continent or islands, 
 or plantations of Spaniards in America, or against any of our sub- 
 jects, and of the States. That ships or goods that shall be coming to 
 or going from any port in the Spanish West Indies, being for ac- 
 count and risk of our subjects, or of the States, provided no goods 
 belonging to inhabitants in France, or contraband, be permitted to 
 be carried to any Spanish plantation, which are hereby declared to 
 be liable to confiscation and seizure. 
 
 This instruction to be understood, that privateers may take any 
 Spanish ship on the main sea or in fresh water, or in any harbour, 
 &c., in America, Snd to bring away such ship and goods on board. 
 
 3. Concord. 3. Instruction, 1693', with an addition as to places 
 on the River Oder. 
 
 4, 5, 6, and 7- Concord, 4 and 5. Instructions, 1 6QS. 
 
 8. Concord, 1693^, with this difference, to pass free, having the 
 pass and certificate, and there be no suspicion of their having naval 
 stores on board. 
 
 9. Ships belonging to Sweden shall be visited and brought up in 
 case not furnished with passports and certificates, word for word, 
 according to the form prescribed by 12th article of treaty between 
 England and Sweden, I66I, hereunto annexed, or in case there be 
 just cause of suspicion. 
 
 10. AH ships of Denmark or Sweden, or of neuter towns, trading 
 to or from France, and being let out to freight, shall be furnished 
 with charter parties. 
 
 11. If any Danish ship be met with at sea or on the coasts by 
 privateers, privateer shall send his boat on board such Danish ship 
 with only two or three of his company, to whom the Danish master 
 shall show his passport, certificate, and papers on board. 
 
 Note We were at War with Spain as well as France, and these 
 
 Instructions extend to Subjects of Spain as well as France. 
 
 Instructions, 11 th May, 1706. 
 
 2. All vessels bound to or coming from any port of France or 
 Spain, which shall be furnished with proper passes from us, or 
 States-General, shall not be brought up or molested, if pursuing 
 voyage described in the pass, and so as do not carry contraband. 
 
 3. Concord, 2. Instructions, 1704.^ 
 
 ' Vide p. 264. ' Note, Art. 9. 
 
 ' Vide p. 267. 
 
APPENDIX B. 26^ 
 
 4. All ships carrying contraband to France and Spain shall be 
 seized as a prize. 
 
 5. No goods laden in Dutch ships shall be deemed contraband 
 other than such so declared to be by Marine Treaty, 1674.' 
 
 6. Concord. 5 ^. Instructions, 18th June, 1744. 
 
 7. Concord. 8' . Instructions, 1 704. 
 
 8. Concord. 9^. Instructions, 1704. 
 
 N.B. To all the Instructions, the Form of the Oaths, and also of 
 the Pass, required by the Convention with Denmark. And the 
 IXth and 12th Articles of Treaty with Sweden, in l66lj with the 
 form of pass are annexed. 
 
 ' Vide, p. 226. ' Vide, p. 257. 
 
 » Vide, p. 268. 
 
 APPENDIX C. 
 
 rOEMS OF PROCEEDING. 
 
 1. Affidavit on bringing in a Ship's Papers. 
 
 In the High Court of Admiralty of England. 
 The ship , Master 
 
 Appeared personally A. B. of her Majesty's ship of 
 
 war the , and made oath and said, that the paper writings 
 
 hereunto annexed, marked from No. 1. to No. inclusive, are all 
 the books, papers, passes, sea-briefs, charter-parties, bills of lading, 
 cockets, letters, and other documents and writings, which were 
 delivered up or otherwise found on board the ship called the 
 
 , whereof was master or commander, and lately 
 
 taken by her Majesty's said ship of war the , at which 
 
 capture this deponent was present. And he further made oath that 
 the said papers and writings are brought and delivered in as they 
 were received and taken, without any fraud, addition, subduction, 
 alteration, or embezzlement, and in the very same plight and con- 
 
270 APPENDIX C. 
 
 dition (save the numbering thereof) as when the same were delivered 
 up or found on board the said ship. 
 
 Sworn at in the county of 1 a tj 
 
 the day of 185 . j-A.li. 
 
 Before me, 
 
 C. D., 
 Commissioner, 
 In the presence of 
 
 E. F., 
 Notary Public and Actuary assumed. 
 
 2. Affidavit as to Papers when Seizure in English Port. 
 In the High Court of Admiralty of England. 
 The ship " Mapid." Hansen, master. 
 
 Appeared personally C. A. D., Tide Surveyor of her Majesty's 
 Customs at the port of Kingston-upon-Hull, and made oath and 
 said that the paper writings hereunto annexed, marked from No. 1. 
 to No. 17. inclusive, are all the books, papers, passes, sea-briefs, 
 charter-parties, bills of lading, cockets, letters, and other documents 
 and writings, which were delivered up or otherwise found on board 
 the ship called the " Rapid," whereof Jung Moid Hansen was 
 master or commander, and which said ship is now detained at the 
 port of Kingston-upon-Hull aforesaid, by her Majesty's Officers of 
 Customs at the said port, by order of this Honourable Court, And 
 he further made oath that, at the time of the delivery up to him of 
 the said papers and writings, the said Jung Raid Hansen stated that 
 such papers and writings were all the papers and writings relating to 
 the said ship on board. And he further made oath that, after the 
 said papers and writings had been so delivered up or otherwise found 
 on board the said ship as aforesaid, he caused a strict search to be 
 made on board the said ship, and discovered the paper writings and 
 documents hereunto also annexed, and marked from No. 18. to 
 No. 127. inclusive, in a secretary and some clothes-drawers in the 
 cabin of the said ship. And he further made oath that the said 
 papers and writings are brought and delivered in as they were received 
 and taken, without any fraud, addition, subduction, alteration, or 
 embezzlement, and in the very same plight and condition (save the 
 
C.A.D. 
 
 APPENDIX C. 
 
 numbering thereof) as when the same were delivered up or found on 
 board the said ship. 
 
 Sworn at the borough of Kingston-upon- Hull' 
 aforesaid, the Twenty-eighth day of 
 Augustj One thousand eight hundred and 
 fifty-four. 
 
 Before me, 
 
 G. S., 
 Commissioner, 
 In the presence of 
 
 H. J., 
 Notary Public and Actuary assumed. 
 
 3. Affidavit as to Papers. — Seizure in English Port. — None 
 on hoard. 
 
 In the High Court of Admiralty of England. 
 
 The ship " Neptune." Thomas Keetly, master. 
 
 Appeared personally C. A. D., Tide Surveyor of her Majesty's 
 Customs at the port of Kingston-upon-HuU, and made oath and 
 said that on the Eighth day of August last he, together with E. C, 
 River Inspector of her Majesty's Customs at the said port, did, in 
 pursuance of an order received from the Lords Commissioners of her 
 Majesty's Admiralty, seize and take the barque " Neptune," whereof 
 Thomas Keetley now is or lately was master or commander, and 
 which said barque is now held under detention by them at the port 
 of Great Grimsby. And this deponent further saith that, at the time 
 the said barque was so seized as aforesaid, she was in a dismantled 
 condition, and with no person on board of her, nor were there at the 
 time of such seizure, or subsequently, any books, papers, passes, sea 
 briefs^ charter-parties, bills of lading, cockets, letters, or other docu- 
 ments or writings whatsoever, relating to the said barque, found on 
 board thereof by the said deponent, or by the said Edward Catchpole, 
 or by any other person or persons, to the best of the knowledge and 
 belief of this deponent. 
 
 Sworn at the borough of Kingston-upon-HuU, ' 
 the Third day of September, One thou- 
 sand eight hundred and fifty-five. 
 Before me, 
 
 G. S., 
 Commissioner. 
 In the presence of 
 
 C. P., 
 Notary Public and Actuary assumed. 
 
 271 
 
 II, •\ 
 
 a- ^C.A.D. 
 
272. 
 
 APPENDIX C. 
 
 4. Affidavit as to Papers. — Seizure in Port. — Papers, Sfc, relating 
 
 to Vessel. 
 
 Admiralty Prize. 
 
 The " Neptune." 
 
 Appeared personally B. C, River Inspector of Her Majesty's 
 Customs at the port of Hull, and C. A. D., Tide Surveyor of Her 
 Majesty's Customs at the said port, and made oath that on Wednes- 
 day, the 8th instant, the deponents did, in pursuance of directions 
 from the Proctor for the Admiralty, seize and detain at the port of 
 Great Grimshy the above-named barque " Neptune," whereof Jacob 
 Sjiberg was lately, and afterwards T. K., as'they have been informed 
 and believe, became master or commander. That at the time of 
 such seizure the said barque was in the Old Dock at Grimsby afore- 
 said dismantled, and there was no person on board, and the hatches 
 and cabins were locked. That in about three hours afterwards they 
 met with and applied to Mr. R. K. of Great Grimsby aforesaid, 
 ship and boat builder, who is mayor of the said town, and claims to 
 be the present owner of the said barque, and informed him of their 
 having seized her, and that they were acting under the directions 
 of the Proctor for the Admiralty, and of the Marshal of the Admi- 
 ralty Court, and produced to him their letters addressed to the 
 Collector of Customs for the port of Hull, and requested him to 
 give up to them all papers and documents belonging to the said ship, 
 which he refused to do. That the deponents then requested him to 
 give up the keys of the said vessel to enable them to search her, 
 which he also refused to do; but afterwards sent a man on board 
 with such keys, when deponents, who had returned to the barque, 
 desired such person to give up such keys, but he refused to do so, 
 and the same were only obtained by force, when deponents proceeded 
 to search, and did search the said barque, but were unable to find 
 any paper or document whatever, and the deponents having placed a 
 man in possession, and locked up the hatches, left her. That after- 
 wards, on the same day, having returned to the barque, the depo- 
 nents found one of the said Mr. K.'s labourers on board, and several 
 others on shore near her ; that the man on board said he had been 
 directed by Mr. K. to obtain the keys, or break open the hatches, and, 
 if the person placed in possession offered obstruction, to knock him 
 down; and the conduct and threats of the said person, and of those 
 on shore, were such that these deponents thought it necessary to place 
 two commissioned officers of customs on board to keep possession, 
 in addition to the man already placed by them on board. And the 
 said E. C. and C. A. D. further made oath that they knew that the 
 
APPENDIX C. 273 
 
 said barque arrived at Hull in or about the twenty-ninth May, 
 one thousand eight hundred and fifty-four, under Russian colours, 
 and with Russian papers, from Kertch, in the Black Sea, with a 
 cargo consigned to merchants of Hull, having left the said port on 
 twenty-sixth March, one thousand eight hundred and fifty-four ; 
 and that she was reported at the Custom House at Hull as being a 
 Russian ship belonging to the port of Wasa in Finland. That her 
 cargo was discharged on or about twenty-ninth June following, and 
 on or about the thirtieth of the said month she was taken to Great 
 Grimsby aforesaid, where she has ever since remained. That these 
 deponents have made diligent inquiries after the aforesaid J. Sjoberg, 
 under whose command the said barque " Neptune " arrived in Hull, 
 and also after her crew, but have not been able to find the said 
 master, or any of the said crew ; and they have been informed, and 
 believe, that they have left this country, and that T. K., father of 
 the said R. K., now is, or lately was, master of the said barque. 
 And the deponents further made oath that the paper-writings hereto 
 annexed, marked from No. 1. to No. 12. inclusive, are true and 
 faithful copies of several original papers or documents relating to 
 the said ship " Neptune," which are now remaining in the possession 
 or custody, or entered in the official books of tlie Collector and 
 Comptroller of Her Majesty's Customs for the port of Hull; that 
 the paper marked No. 13., also hereto annexed, is a list of seven 
 papers, also relating to the said ship, and signed as such by the 
 Collector and Comptroller of Her Majesty's Customs for the port 
 of Great Grimsby; and that the papers respectively marked No. 1. 
 and 14., No. 2. and 15, No. 3. and l6., No. 4. and 17., No. 5. 
 and 18., No. 6. and IQ., No. 7- and 20., are severally and respec- 
 tively true and faithful copies, and certified as such by the Collector. 
 and Comptroller of Her Majesty's Customs for the port of Great 
 Grimsby, of papers belonging to the said ship "Neptune," remaining 
 in the custody or possession, or extracted from the books of the said 
 Collector and Comptroller. And the deponents further made oath 
 that there has been produced to them by Messrs. J. L. & Co., 
 formerly of Hull, but now of Great Grimsby, who were agents for 
 the said ship, a letter book, containing copies of letters written by 
 them to several persons, and copies of letters addressed to them by 
 different persons relative to the sale of the said ship " Neptune," 
 dated in or about the months of May, June, July, and August, 
 1854; and there have also been produced to them by the said 
 Messrs. L. several original letters relating to the said ship, bearing 
 date in or about the said months, of which said letters several appear, 
 to have been written by the said Messrs. L., four by the said R. K., 
 and two by Mr. F. B. of London, addressed to the said Messrs. L. ; 
 
 T 
 
274 
 
 APPENDIX C. 
 
 and these deponents say they believe that the Said letter book and 
 original letters will be important papers to producein this case. 
 On the 31st day of August, 1855, the said E. C. 
 
 was duly sworn to the truth of this affi- }■ E. C. 
 davit. 
 
 Before me, 
 
 J. P. D. 
 On the Srd day of September, 1855, the said C. A. D. 
 
 was duly sworn to the truth of this affidavit sit }-C. A. D. 
 the borough of Kingston-upon-Hull, 
 
 Before me, 
 
 G. R. 
 A Commissioner to administer oaths in Admiralty, 
 
 
 5. Monition, on Part of Captor, to proceed to Adjudication. 
 
 VICTORIA, by the Grace of God of the United Kingdom of Great 
 Britain and Ireland Queen, Defender of the Faith, to Evans Jones, 
 Esquire, Marshal of the High Court of our Admiralty of England, 
 and to- his deputy whomsoever, greeting. Whereas the worshipful 
 John George Middleton, Doctor of Laws, Surrogate of our beloved 
 the Right Honourable Stephen Lushington, Doctor of Laws, our 
 Lieutenant of the said Court, and in the same Court Official, Prin- 
 cipal, and Commissary General and Special, and President and Judge 
 thereof, and also to hear and determine all and all manner of causes and 
 complaints as to ships, vessels, and goods seized and taken as prize, 
 specially constituted and appointed, rightly and duly proceeding at 
 the petition of our Procurator-General, hath decreed all persons in 
 general who have, or pretend to have, any right, title, or interest in 
 
 the ship or vessel called the " Achilles " (whereof Drizzi was 
 
 master), her tackle, apparel, and furniture, and the goods, wares, 
 and merchandises laden therein, seized and taken by our ship of 
 war " Firebrand" (Hyde Parker, Esquire, commander), and taken 
 to Constantinople to be monished, cited, and called to judgment, at 
 the time and place underwritten, and to the effect hereafter expressed 
 (justice so requiring): We do therefore charge and command you, 
 jointly and severally, that you omit not, but that by affixing these 
 presents upon one of the pillars of the Royal Exchange of our City 
 of London, at the usual time of the public resort of meichants 
 thither, and by leaving thereon affixed a true copy hereof, you do 
 monish and cite, or cause to be monished and cited peremptorily, all 
 persons in general who have or pretend to have any right, title, or 
 interest in the said ship or vessel, her tackle, apparel, and furniture, 
 and the goods, wares, and merchandises laden therein, that they 
 
APPENDIX C. 275 
 
 appear before our said Judge or his Surrogate, in the Common Hall 
 of Doctors' Commons, situate in the parish of Saint Benedict, near 
 Paul's Wharf, London, on the twentieth day after service of these 
 presents, if it be a Court day, or else on the Court day next follow- 
 ing, at the usual time for hearing causes, then and there to show 
 and allege, in due form of law, a reasonable and lawful cause, if 
 they have any, why the said ship or vessel, her tackle, apparel, and 
 furniture, and the goods, wares, and merchandises laden therein, 
 should not be pronounced to have belonged, at the time of the 
 capture and seizure thereof, to our enemies, and as such, or other- 
 wise, liable and subject to confiscation, and to be adjudged and 
 condemned as good and lawful prize. And further to do and 
 receive in this behalf, as unto law and justice shall appertain ; 
 and that you duly intimate, or cause to be intimated peremptorily, 
 to all persons in general aforesaid (to whom by the tenor of these 
 presents we do also intimate), that if they shall not appear at the 
 time and place above-mentioned, or appearing, shall not show a 
 reasonable and lawful cause to the contrary, our said Judge or 
 his Surrogate doth intend to and will proceed to adjudication 
 on the said capture, and pronounce the said ship or vessel, her 
 tackle, apparel, and furniture, and the goods, wares, and merchan- 
 dises laden therein, to have belonged at the time of the capture and 
 seizure thereof to our enemies, and as such, or otherwise, liable to 
 confiscation, and to be adjudged and condemned as good and lawful 
 prize. The absence, or rather contumacy, of the persons so cited aiid 
 intimated in anywise notwithstanding; and that you duly certify 
 our said Judge or his Surrogate what you shall do in the premises, 
 together with these presents, given at London, in our aforesaid 
 Court, under the seal of the same for causes, the twenty-eighth day 
 of September, in the year of our Lord one thousand eight hundred 
 and fifty-five, and of our re.'gn the nineteenth. 
 
 H. C. ROTHERV, 
 
 Registrar. 
 Monition. 
 
 Dyke, 
 
 Queen's Proctor. 
 
 Marshats Return, 
 
 This monition was duly executed the 8th day of October, 1 855, 
 by affixing the same on one of the pillars of the Royal Exchange, 
 in the City of London, during the usual time of merchants resorting 
 thither, and thereby citing at the premises all persons in general 
 having, or pretending to have, any right, title, or interest in the 
 within-named ship " Achilles," her tackle, apparel, and furniture, 
 
 T 2 
 
276 
 
 APPENDIX C. 
 
 and the goods, wares, and mercliandises laden therein, to appear at 
 the time and place within-mentioned, and by leaving affixed thereon 
 a true copy hereof. 
 
 E. Jones, 
 Marshal of the Admiralty. 
 
 6. Monition on Part of Admiralty Proctor to proceed to Adjudi- 
 cation. 
 
 VICTORIA, by the grace of God of the United Kingdom of Great 
 Britain and Ireland Queen, Defender of the Faith, to Evan Jones, 
 Esquire, Marshal of the High Court of our Admiralty of England, 
 and to his deputy whomsoever, greeting. Whereas the worshipful 
 John Grey Middleton, Doctor of Laws, Surrogate of our beloved the 
 Right Honourable Stephen Lushington, Doctor of Laws, our Lieu- 
 tenant of the said Court, and in the same Court Official, Principal, 
 and Commissary General and Special, and President and Judge 
 thereof, and also to hear and determine all and all manner of 
 causes and complaints as to ships, vessels, and goods seized and 
 taken as prize, specially constituted and appointed, rightly and duly 
 proceeding at the petition of our Procurator General in our Office of 
 Admiralty, hath decreed all persons in general who have or pretend 
 to have any right, title, or interest in the ship or vessel called " The 
 Neptune" (whereof R. K. was master), her tackle, apparel, and 
 furniture, and the freight due for the transportation of the cargo 
 now or lately laden therein, seized and taken by officers of our 
 Customs for the port of Hull, to be monished, cited, and called to 
 judgment, at the time and place underwritten and to the effect 
 hereafter expressed (justice so requiring) : We therefore charge and 
 command you, jointly and severally, that you omit not, but that by 
 affixing these presents upon one of the pillars of our Royal Ex- 
 change of our City of London at the usual time of the public resort 
 of merchants thither, and by leaving thereon affixed a true copy 
 hereof, you do raonish and cite, or cause to be monished and cited 
 peremptorily, all persons in general who have or pretend to have 
 any right, title, or interest in the said ship or vessel, her tackle, 
 apparel, and furtiiture, and the said freight, that they appear before 
 our said Judge or his Surrogate, in the Common Hall of Doctors' 
 Commons, situate in the parish of St. Benedict, near Paul's Wharf, 
 London, on the twentieth day after service of these presents, if it 
 be a Court day, or else on the Court day next following, at the 
 usual time for hearing causes, then and there to show and allege, in 
 due form of law, a reasonable and lawful cause, if they have any, 
 why the said ship or vessel, her tackle, apparel, and furniture, and 
 the said freight, should not be pronounced to have belonged, at the 
 
APPENDIX C. 277 
 
 time of the capture and seizure thereof, toour enemies, and as suclij 
 or otherwise, liable and subject to confiscation, and to be adjudged 
 and condemned as good and lawful prize and as droits and per- 
 quisites of us in our Office of Admiralty. And further to do and 
 receive in this behalf, as unto law and justice shall appertain ; and 
 that you duly intimate, or cause to be intimated peremptorily, to all 
 persons in general aforesaid (to whom by the tenor of these presents 
 we do also intimate) that if they shall not appear at the time and 
 place above mentioned, or appearing, shall not show a reasonable and 
 lawful cause to the contrary, our said Judge or his Surrogate doth 
 intend to and will proceed to adjudication on the said capture, and 
 pronounce the said ship or vessel, her tackle, apparel, and furniture, 
 and the said freight, to have belonged, at the time of the capture and 
 seizure thereof, to our enemies, and as such, or otherwise, liable to 
 confiscation, and to be adjudged and condemned as good and lawful 
 prize and as droits and perquisites of us in our Office of Admiralty, 
 the absence or rather contumacy of the persons so cited and inti- 
 mated in anywise notwithstanding ; and that you duly certify our 
 said Judge or his Surrogate what you shall do in the premises, 
 together with these presents. Given at London in our aforesaid 
 Court, under the seal of the same for causes, the seventh day of 
 September in the year of our Lord one thousand eight hundred and 
 fifty-five, and of our reign the nineteenth. 
 
 H. C. ROTHBRV, 
 
 Registrar. 
 Monition. 
 
 ToWNSEND, 
 
 Admiralty Proctor, 
 
 Marshal's Return, 
 
 This monition was duly executed the 10th day of September, 
 1 855, by aflSxing the same on one of the pillars of the Royal Ex- 
 change in the City of London during the usual time of merchants 
 resorting thither, and thereby citing at the premises all persons in 
 general having or pretending to have any right, title, or interest in 
 the within-named ship or vessel "Neptune," her tackle, apparel, 
 and furniture, and the freight due for the transportation of the 
 cargo now or lately laden therein, to appear at the time and place 
 within mentioned, and by leaving aflSxed thereon a true copy hereof. 
 
 E. Jones, 
 Marshal of the Admiralty, 
 t3 
 
21.8 APPENDIX C. 
 
 7. Monition on Part of Claimant to proceed to Adjudication. 
 
 VICTORIA, by the grace of God of the United Kingdom of Great 
 Britain and Ireland Queen, Defender of the Faith^ to all and sin- 
 gular our vice-admirals, justices of the peace, mayors, sheriffs, bailiffs, 
 marshals, constables, and to all other our officers, ministers, and 
 others, as well within liberties and franchises as without, greeting. 
 Whereas our beloved the Right Honourable Stephen LusMngton, 
 Doctor of Laws, Lieutenant of the High Court of Admiralty of 
 England, and in the same Court Official, Principal, and Commissary 
 General and Special, and President and Judge thereof, and also to 
 hear and determine all and all manner of causes and complaints as to 
 ships and goods seized and taken as prizes, specially constituted and 
 appointed in a certain cause or business moved and prosecuted before 
 him in our said court, on behalf of R. K. of Great Grimsby in our 
 county of Lincoln, shipbuilder, the claimant on his own behalf as 
 the owner and proprietor of the ship or vessel Neptune (whereof 
 T. K. was master) at the time of the seizure thereof at Great 
 Grimsby in our said county by Edward Catcjipale and Colby Atkinson 
 Davies, officers of our Customs belonging to the port of Hull, rightly 
 and duly proceeding on the day of the date hereof, at the petition 
 of the proctor of the said R. K., alleging that the said ship or 
 vessel had been seized at Great Grimsby aforesaid by the said 
 Edward Catchpole and Colby Atkinson Davies, but that, notwith- 
 standing the premises, no proceedings whatever have been had to 
 bring the said ship or vessel to adjudication, hath decreed the said 
 Edward Catchpole and Colby Atkinson Davies, and also William 
 Tovmsend, Esquire, our Procurator General in our Offices of Ad- 
 miralty, to be monished, cited, and called to judgment at the time 
 and place underwritten, and to the effect hereafier expressed 
 (justice so requiring). We do therefore by these presents strictly 
 charge and comijiand you, jointly and severally, that you omit not, 
 by reason of a liberty or franchise, but tliat you monish and cite, or 
 cause to be monished and cited peremptorily, the said Edward 
 Catchpole, Colby Atkinson Davies, and William Townsend that they 
 appear before our aforesaid Judge or his Surrogate in the Common 
 Hall of Doctors' Commons, situate in the parish of St. Benedict, 
 near Paul's Wharf, London, on the sixth day after the service of 
 these presents, if it be a Court day, otherwise on the next Court 
 day then next following, between the usual hours of hearing causes, 
 there to proceed in our said Court to the legal adjudication of the 
 said ship or vessel seized as aforesaid, whether good and lawful 
 prize or not, or to show and allege in due form of law a reasonable 
 and lawful cause (if any) why the said ship or vessel should not be 
 
APPENDIX C. 279 
 
 decreed to be released from the aforesaid seizure made in this 
 behalf and restored to the said jR. K., the claimant, for his own usBj 
 as the owner and proprietor thereof, together with all costs, damages, 
 and expenses ajri^iug or to arise from or by means of the said 
 seizure, and farther to do and receive on this behalf^ as unto law and 
 justice shall appertain ; and that you intimate moreover, or cause to 
 be intimated peremptorily to the said Edward Catchpole, Colby At- 
 kinson Davies, William Nowell, and William Townsend (to whom 
 by the tenor of these presents we also intimate), that if they do not 
 appear at the time and place aforesaid, or appearing do not show a 
 reasonable and lawful cause to the contrary, our said Judge or his 
 Surrogate doth intend to proceed and will proceed to decfee the 
 said ship or vessel to be leleased from the seizure aforesaid and 
 to be delivered and restored to the said Jl. j^. the claimant, for 
 his own use as the owner and proprietor fhereof, tpgether with all 
 costs, dajnages, and expenses arising or to arise from or by means 
 of the said seizure, their absence, or rather contumacy, in anywise 
 notwithstanding ; and that you duly certify to our said Judge or his 
 Surrogate what you shall do or cause to be done in the premises 
 together with these presents. Given at London in our aforesaid 
 Court, under the great seal thereof, the 30th day of August, in the 
 year of our Lord 1855, and of our reign the 19th. 
 
 H. C. ROTHERY, 
 
 Monition to proceed to adjudication, 
 
 F. CiMBKSON. 
 
 Marshals Return. 
 
 Registrar. 
 
 This monition was personally served, on the 1 6th day of August, 
 3 855, on the within-named William Townsend, Esquire, at his 
 office No. 20. Great Knight Ryder Street, London, by showing the 
 same to him under seal, and leaving with him a true copy hereof. 
 
 E. Jones, 
 Marshal of the Admiralty. 
 
 Return of Service of Monition. 
 
 This monition was duly executed by showing the same under 
 seal to the v/ithin-named Edward Catchpole, and by leaving with 
 Jiim a true copy thereof at the Custom House in the county of the 
 
 T 4 
 
280 
 
 ■APPENDIX C. 
 
 town of Kingston-upon-Hullj this 17th day of August, in the year 
 1855, 
 
 By me, 
 
 Wm. Cawkwell. 
 
 Same on Colby Atkinson Da vies. 
 
 In the Admiralty Prize Court. 
 
 The "Neptune,"' Thomas Keetley, master. 
 
 Appeared personally William Cawkwell, of the town of Kingston- 
 upon-Hull, in the Court of the same town, attorney's clerk, and 
 made oath that the contents of the foregoing certificates to which he 
 hath set and subscribed his name were and are true. 
 
 Wm. Cawkwell. 
 
 On Friday, the 17th day of August, 1855, the said William Cawk- 
 well was duly sworn to the truth of his affidavit, at Kingston-upon- 
 Hull, in the Court of the same town. 
 
 Before me, 
 
 J. Hey Holles, 
 A Commissioner for administering oaths 
 in the High Court of Admiralty. 
 
 8. Affidavit as to Papers, when Prixe seized in Enemy's Port, and 
 no Papers found on board. 
 
 Admiralty Prize Court. 
 
 Schooner " Polka," unknown master. 
 
 Brigantine " Louisa,^' unknown master. 
 
 Schooner "Livonia," unknown master. 
 
 Schooner " Louise Annalie," unknown master. 
 
 Schooner " Johan Carl," unknown master. 
 
 Schooner " Alexander," unknown master. 
 
 Schooner " Anna Catarina," unknown master. 
 
 Schooner " name unknown,'' unknown master. 
 Appeared personally A. C. K., Esquire, captain of her Majesty's 
 steam-ship " Amphion," and A. C, Esquire, captain of her Majesty's 
 steam-ship " Conflict," and made oath, that information having been 
 received by them while cruizing in the Baltic, that a number of 
 Russian merchant vessels were lying in the port of Libau, the depo- 
 nents proceeded there, and anchored within gunshot of the town ; 
 
APPENDIX C. 281 
 
 and on the morning of the 17th of May the deponent, A. C. K., 
 dispatched Captain C. with a summons to the governor of the town 
 to " surrender the said Russian vessels within three hours ; " that 
 at 3.30 p. M. of the same day he (the said A. C. K.) received an 
 answer to the said summons from the chief civil magistrate at Libau, 
 stating that they were without efficient means of defence, and would 
 readily send the said vessels out, but that they could not possibly do it 
 within the time specified ; whereupon the deponent caused the boats 
 belonging to her Majesty's said ships to be manned and armed, and 
 they proceeded therewith towards the said port ; and on their 
 arriving at the bridge, which is about a mile from the entrance of 
 the port, the deponent, A. C. K., requested the principal persons 
 present to point out the said Russian vessels iu the said port, which 
 they accordingly did ; and thereupon the crews belonging to the said 
 boats, by the orders of the deponents, took possession of the same, 
 which proved to be as follows, viz. : The schooner " Polka," the 
 brigantine " Louisa'' the schooner " Livonia," the schooner " Louise 
 Annalie," the schooner " Johan Carl," the schooner " Alexander," 
 the schooner " Anna Catarina," the schooner " name unknown," 
 and brought them out into the road ; and as they were not in a con- 
 dition to perform a voyage to England, afterwards conveyed them to 
 the port of Memel, where they now remain to await the decision of 
 the Admiralty Court. And the deponent further made oath, that 
 at the time the said vessels were so taken possession of as aforesaid, 
 they were found to be all dismantled, their sails unbent, and moored 
 head and stern; that some of them were aground, and that the 
 schooner " Alexander " and schooner " name unknown " were scut- 
 tled, and the whole of them deserted by their crews ; and that there 
 were no papers whatever on board of the said vessels ; whereupon 
 the deponents made inquiries of those bystanders who appeared 
 interested in the vessels, but they could not obtain any information 
 respecting them ; they therefore verily and in their consciences be- 
 lieve that the same were taken away by the masters when they de- 
 serted the said ships, the date of which desertion is not known. 
 
 On the fourth of July, 1854, the" 
 said A. C. K. and A. C, Esquires, 
 
 were duly sworn to the truth of J- , ^■""'^'""'** tt h/i o 
 .X.- aiA ■. -u ■ I c .1. A. C, Captain H. M. S. 
 
 this affidavit, by virtue of the an- 
 nexed commission. 
 
 Before me, 
 
 W. J. HertsleTj 
 H. B. M. Vice-consul. 
 
 A.C.K., Captain H.M.S. 
 " Amphion.' 
 
 Conflict." 
 
m 
 
 APPENDIX C. 
 
 9. Claim far Part of Cargo by Owner on behalf of Self and 
 Partner. 
 
 Admiralty Prize Court. 
 
 The "Bapjda," ^ockelm^n, toaster. 
 
 The claim of A. R. L., of Liverpool, in the county of Lancaster, 
 merchantj on behalf of hinistjlf and of his partner S. F. L., of 
 Montevideo, merchant, respectively subjects of our Lady Sovereign 
 the Queen, the true, lawful, and sole owners and proprietors of one 
 hundred and simty casks of tallow, five hundred tons of preserved 
 meats, fourteen bales of hide puttings, one hundred and seventy-seven 
 tons of bones (more or less), and three hundred and five tons (more 
 or less) of bone ash, being part of the cargo which was laden and on 
 board the said ship or vessel " Rapida" (whereof P. B. was master) 
 at the time of the seizure thereof at the port of Liverpool by the 
 officers of her Majesty's Customs at that port, fqr the said part of 
 the said cargo, on behalf of and as the true, lawful, and sole property 
 of himself and of the said S. F. L., and for all loss, costs, charges, 
 damages, and expenses which have arisen or shall or may arise by 
 reason or means of the capture and detention of the said cargo.i 
 
 J. H. ^- «• ^- 
 
 ' In the Sally, cited Atlas, 3 Rob. 
 302., reference is made to the 
 " Charles," Havernerswerth, in 1741, 
 " in which the form of the attesta- 
 tion was directed to he prepared by 
 the whole Bar." No case exactly 
 answering this description can be 
 found, but it may possibly be the 
 same with that of the " Charles," 
 Henry Hammond, master, taken 
 by the Spaniards, March, 174^, and 
 retaken in the following month of 
 May, and which was a case of re- 
 capture, the question being, whether 
 the property had, by length of pos- 
 session, become vested in the first 
 captor. The following extract is 
 from the printed papers in the ap- 
 peal of that case : 
 
 Tenor of Claim. 
 The appellants James Crokatt, 
 Richard Acland, and John Govan, 
 of thelCity of London, merchants, 
 subjects of the Crown of Great 
 Britain, the real and true owners 
 
 and proprietors of the ship called 
 the " Charles " (whereof Henry Ham- 
 mond was master), and of her tackle, 
 apparel, and furniture, and like- 
 wise the said appellant James 
 Crokatt, and the other appellants 
 .Handley §• Palmer, Jiogers §• 
 Dyson, William Pomeroy §• Sons, 
 William Sitwell §• Company, Thomas 
 Fludgier, and Thomas Marson, all of 
 London, merchants, subjects of the 
 Crown of Great Britain, the real 
 and true owners and proprietors of 
 the goods, wares, merchandises, and 
 cargo laden on board the said ship 
 at the time of the capture and re - 
 capture thereof, entered their claim 
 in His Majesty's High Court of 
 Admiralty of England; that is to 
 say, the said James Crokatt as owner 
 of the three-fourth parts of the said 
 ship ; the said Bichard Acland, as 
 owner of one-eighth part thereof; and 
 the said John Govan, as owner of the 
 other one-eighth part thereof; andthe 
 said James Crokatt, as owner of 244 
 
APPENDIX C. 
 
 m 
 
 barrels of rice, 300 barrels of turpen- 
 tine, 315 barrels of pitch, 87 barrels 
 of tar, 19 hogsheads of deer-skins, 
 and 7 tons of braziletto, part of the 
 cargo (of the respective marks and 
 numbers in the claim set forth) ; 
 the said Handley §• Palmer as 
 owners of 1 hogshead of deer-skins ; 
 the said Sogers & Dyson as own- 
 ers of 1 hogshead of deer-skins ; 
 the said William Pmiieroy §• Sons 
 as owners of 1 hogshead of deer- 
 skins ; the said William Sitwell §• 
 Company as owners of 1 hogshead 
 of deerskins ; the said Thomas Flud- 
 gier as owner of 24 hogsheads of 
 deer-skins ; and the said Thomas 
 Marson as owner of 4 hogsheads of 
 deer-skins ; other parts of the said 
 cargo, all the respective pans of 
 the cargo so claimed being marked 
 and numbered as mentioned by the 
 several claimants in their claim. 
 
 i^ And their claim was attested by 
 the following affidavit, which was 
 annexed thereto: — 
 
 On which day appeared perso- 
 nally Henry Hammond of Charles 
 Town in South Carolina, mariner, 
 and made oath upon the Holy Evan- 
 gelists, as foUoweth : to wit, that on 
 or about the first day of the month 
 of November, in the year of our 
 Lord 1738, he was appointed master 
 of the ship calle4 the " Chqj-les" (for- 
 merly called the " Samuel ") by Mr. 
 James Crokatt, then of and at 
 Charles Town aforesaid, and now of 
 London, merchant, then and now the 
 chief owner of the said ship ; and 
 that this deponent has made several 
 voyages in her from America into 
 Europe, and back again ; and that 
 in her last voyage, which was from 
 Carolina to London, the said ship 
 "Charles" was taken andseized on or 
 about the 13th day of March last, 
 about 60 leagues West from Sicily, 
 in the latitude 4D, by a Spanish 
 privateer, called the Saint Michael 
 (Hon Domingo Del Palle, com- 
 mander) ; and that, for some time 
 after, to wit, on or about the 10th 
 
 day of May last past, the said ship 
 the "Charles " was retaken at sea by 
 His Majesty's shipsthe "Launcesion " 
 (Peter Warren, Esquire, commander) 
 and the "Port Mahon" (the Hon. 
 Henry Aylmer, Esquire, commander), 
 and first brought to Plymouth, and 
 from thence carried to Portsmouth ; 
 and this deponent saith that he has 
 continued on board the said ship 
 the " Charles " from the time she was 
 taken by the Spanish privateer to 
 the time she was brought into Ports- 
 mouth, as is aforesaid ; th^t he very 
 well knows that the said ship, the 
 tackle, apparel, and furniture, did, 
 at the time she was so taken by the 
 Spanish privateer and retaken by 
 the said two ships of war, belong to 
 the said James Crokatt, to Richard 
 Acland, now deceased, and to 
 John Govan, all of London, mer- 
 chants ; and that the said James 
 Crokatt, and also Messrs. Hand- 
 ley Sf Palmer, Messrs. Sogers Sf 
 Dyson, William Pomeroy §• Sons, 
 William Sitwell Sf Company, Thomas 
 Fludgier, and Thomas Marson, all 
 of London, merchants, then were 
 and now are, either in their own 
 right, or by consignment, the real 
 true owners and proprietors of all 
 and every part of the goods, wares, 
 merchandises, and cargo on board 
 the said ship the " Charles " at 
 the time of the pretended capture 
 and recapture thereof; and this 
 deponent further saith that he well 
 knows that all the said owners 
 and proprietors of the said ship the. 
 "Charles," and of her said cargo, were 
 and are subjects of the Crown of 
 Great Britain ; and that he verily 
 believes tke contents of the claim 
 hereunto annexed to be just and 
 true, and that the several owners 
 thereof are or will be able to make 
 full specification of the property 
 thereof; and that no Spaniard or 
 subject of the King of Spain had 
 or have any right, title, interest, or 
 property therein, or in any part 
 thereof. 
 
284 
 
 APPENDIX C. 
 
 Affidavit annexed to Claim for Part of Cargo. 
 
 Admiral ty Prize Court. 
 
 The "Rapida," Bockelman, master. 
 
 Appeared personally A. R. L, of Liverpool, in the county of 
 Lancaster, merchant, and made oath, that he is dul.y authorized to 
 make the claim hereto annexed on behalf of himself and of his 
 partner S. P. L., of Monte Video, merchant, respectively subjects 
 of our Sovereign Lady the Queen, the two lawful and sole owners 
 and proprietors of one hundred and sixty casks of tallow, five hun- 
 dred tons of preserved meats, fourteen bales of hide cuttings, one 
 hundred and seventy-seven tons (more or less) of bones, and three 
 hundred and five tons (more or less) of bone ash, being part of the 
 cargo which was laden and on board the said ship or vessel " Rapida" 
 (whereof P. B. was master) at the time of the seizure thereof at 
 the port of Liverpool by the oiBcers of her Majesty's Customs at 
 that port ; and he further made oath, that he verily believes that 
 neither the Emperor of all the Sussias nor any of his subjects, or 
 others inhabiting within any of his countries, territories, or dominions, 
 nor any other enemies of the Crown of Great Britain and Ireland, 
 had at the time of the seizure thereof as aforesaid, or now have, 
 directly or indirectly any right, title, or interest in or to the said 
 part of the said cargo, or any part thereof ; and, lastly, that the 
 claim hereto annexed is a true and just claim, and that he shall be 
 able to make due proof and specification thereof. 
 
 On the seventeenth day of November, 1854, the" 
 
 said A. R. L. was duly sworn to the truth of this }-A. R. L. 
 affidavit, 
 
 Before me, 
 J. H. 
 
 Surrogate. 
 
 ']' 
 
 10. Claim for Ship by Master and sole Owner. 
 
 In the High Court of Admiralty. 
 
 The thirty-first day of August, in the year of our Lord one thou- 
 sand eight hundred and fifty-four. 
 
 The " Rapid," J. R. H., master. 
 
 The claim of the said J. R. H., the master of the said vessel 
 " Rapid," a subject of his Majesty the King of Denmark, for and 
 
APPENDIX C. 285 
 
 on behalf of himself, the true, lawful, and sole owner and proprietor 
 of the said ship, her tackle, apparel, and furniture, at the time she 
 was taken and seized as prize whilst lying at the port of Hull, in 
 the kingdom of England, by the officers of her Majesty's Customs 
 at that port ; and for freight, demurrage, and all such loss, costs, 
 and charges, damages, and expenses as have arisen and been in- 
 curred, or shall or may arise and he incurred by reason of the cap- 
 ture and detention aforesaid. 
 
 This is the claim referred to in the affidavit of"! 
 
 J. R. H., sworn this thirty-first day of August, > J. R. H. 
 
 one thousand eight hundred and fifty-four, J 
 
 Before me, 
 H. C, J. P. 
 
 Affidavit. 
 
 In the High Court of Admiralty. 
 
 The thirty-first day of August, 1854. 
 
 The '•■ Rapid," Jung Rord Hansen, master. 
 Appeared personally the said J. R. H., the master and owner of 
 the said vessel the " Rapid," and made cath that he is a subject of 
 his Majesty the King of Denmark, and that the said ship, her 
 tackle, apparel, and furniture, mentioned in the claim hereunto 
 annexed, at the time she was taken and seized as prize by the officers 
 of her Majesty's Customs at the port of Hull, in the kingdom of 
 England, was the true, lawful, sole, and entire property of this 
 deponent at the time of such capture, and doth so belong to him at 
 this present time, and would have so belonged in case she had not 
 been seized and taken as aforesaid, and will so belong to him in case 
 the same shall be restored, and until sold and disposed of for his 
 account and benefit. And that no person or persons belonging to or 
 being a subject or subjects of his Majesty the Emperor of all the 
 Russias, or inhabiting within any of the territories of the Russian 
 government, their factors or agents, nor any person or persons 
 whomsoever, enemies of the Crown of Great Britain and Ireland, 
 had at the time of the capture aforesaid or now have any right, 
 title, or interest in the said ship, her tackle, apparel, and furniture, 
 or any part thereof. And he lastly saith, that the claim hereunto 
 
286 
 
 APPKKDIX C. 
 
 annexed is a true and just claim, and that he believes he shall be 
 able to make due proof and specification thereof. 
 
 On the thirty-first day of Augustj one thou- 
 sand eight hundred and fifty-four, the said 
 J. R. H. was duly sworn to the truth of this 
 affidavit at the borough of Kingston-upon- 
 HuU, the contents of the same having first |> J. R. Hansen. 
 been read over and explained to him in the 
 German language by C. G., of the borough 
 of Kingston-upon-Hull, merchantj who was 
 first sworn duly to interpret the same. 
 Before me, 
 
 Henry Cooper, J. P. 
 
 Appeared personally C. G., of the borough of Kingston-upon- 
 Hull, merchant, and made oath that he hath duly interpreted, read 
 over, and explained in the German language the above afiidavit to 
 J. R. H., the deponent therein named, and also the oath adminis- 
 tered to him previous to the same affidavit being made and sworn 
 by him. 
 
 On the first day of August, one thousand eight hun-' 
 dred and fifty-four, the said C. G. was duly sworn to I p „ 
 the truth of this affidavit at the borough of Kingston- 
 upon-Hull, 
 
 Before me, 
 H. C, J. P. 
 
 11. Claim for Ship by Owner. 
 
 In the Admiralty Prize Court. 
 
 14th day of August, 1855. 
 
 The "Neptune," Thomas Keetley, master. 
 
 The claim of R. K., of Great Grimsby, in the county of Lincoln, 
 ship-owner and ship-builder, on behalf of himself as the true, law- 
 ful, and sole owner and proprietor of the above-named ship or vessel 
 " Neptune," her tackle, apparel, and furniture, at the time of her 
 seizure by the officers of Her Majesty's Customs at the port of 
 Great Grimsby, and for all losses, costs, charges, damages, demur- 
 rage, and expenses which have arisen or shall or may arise by 
 reason or means of the seizure and detention of the said ship or 
 vessel as prize. 
 
 R. K. 
 
 J. A. 
 
APPENDIX C. 287 
 
 Affidavit. 
 
 In the Admiralty Prize Court, 
 
 The " Neptune," Thomas Keetley, master. 
 
 Appeared personally R. K., of Great Grimsby, in the county of 
 Lincoln, ship-owner and ship-builder, a subject of Her Majesty the 
 Queen of Great Britain, and made oath that he is duly authorised to 
 claim the said vessel "Neptune," her tackle, apparel, and furni- 
 ture, on behalf of himself, the true, lawful, and sole owner of the 
 said ship or vessel "Neptune," which is and was a British registered 
 vessel at the time of the seizure thereof as prize by the officers of 
 Her Majesty's Customs at the said port of Great Giimsby. And he 
 further made oath that neither the Emperor of all the Russias, nor 
 any of his subjects or others inhabiting within any of his territories 
 or dominions, nor any others enemies of the Crown of Great Bri- 
 tain and Ireland, had, at the time of seizure thereof as aforesaid, or 
 now have, directly or indirectly, any right, title, or interest in or to 
 the said ship or vessel, her tackle, apparel, and furniture, but that 
 the same was at the time of the seizure, and still is, and if restored 
 will be, the sole property of this appearer ; and, lastly, that the 
 claim hereto annexed is a true and just claim, and that he shall be 
 able to make due proof and specification thereof. 
 
 On Tuesday the fourteenth day ot August, 1855, the"] 
 
 said R. K. was duly sworn to the truth of this affi- |-R. K. 
 davit at Great Grimsby aforesaid, J 
 
 Before me, 
 
 H. J. V. 
 A commissioner to administer oaths in Admiralty. 
 
 12. Claim for Ship and Cargo by Agent. 
 
 Admiralty Prize Court. 
 
 The " Dania," Hans Christophersen Egholm, master. 
 
 The claim of D. H. G., of in the City of London, 
 
 merchant (one of the partners in the house of trade known by the 
 style or firm of Messrs. H. S., Son, and Co., of the same place, 
 merchants), on behalf of Johannes Kruuse, of Nyborg, in the island 
 of Funen, in the kingdom of Denmark, a subject of His Majesty 
 the King of Denmark, the true, lawful, and sole owner and pro- 
 prietor of the ahove-iiamed ship or vessel "Dania ' (whereof Hans 
 
288 APPENDIX C. 
 
 Christophersen Egholm was master), and the cargo laden on board 
 thereof at the time of the capture and seizure thereof by Her Majesty's 
 ships of war " Archer," E. U., Esquire^ commander, and " Geyser," 
 R. D., commander, for the said ship or vessel " Dania," and cargo, 
 as the true, lawful, and sole property of the said Johannes Kruuse, 
 and for all losses, costs, charges, damages, and expenses which 
 have arisen or shall or may arise by reason or means of the cap- 
 ture and detention of the said ship or vessel and cargo as aforesaid, 
 
 D. H. G. 
 J. A. 
 
 Affidavit. 
 
 Admiralty Prize Court. 
 
 The " Dania," Hans Christophersen Egholm, master. 
 
 13th June, 1855. 
 
 Appeared personally, D. H. G., of in the City of 
 
 London, merchant (one of the partners in the house of trade known 
 by the style or firm of Messrs. H. S., Son, and Company, of the 
 same place, merchants), and made oath that he is duly authorised to 
 make the claim hereto annexed as agent and on behalf of Johannes 
 Kruuse, of Nyborg, in the island of Funen, in the kingdom of Den- 
 mark, a subject of His Majesty the King of Denmark, the true, 
 lawful, and sole owner and proprietor of the above-named ship or 
 vessel ^^ Dania" (whereof Hans Christophersen Egholm was master), 
 and the cargo laden on board at tlie time of the capture and seizure 
 thereof by Her Majesty's ships of war "Archer," E. H., Esquire, com- 
 mander, and " Geyser," R. D., commander ; and he further made oath 
 that he verily believes that neither the Emperor of all the Russias, 
 nor any of his subjects or others inhabiting within any of his coun- 
 tries, territories, or dominions, nor any others enemies of the Crown 
 of Great Britain and Ireland, had, at the time of the capture or 
 seizure thereof as aforesaid, or now have, directly or indirectly, any 
 right, title, or interest in or to the said ship or vessel "Dania" or 
 cargo, or any part thereof ; but that the same, at the time of the 
 capture and seizure thereof, were and still are, and if restored will 
 be, the property of the said Johannes Kruuse only ; and he lastly 
 made oath that he verily believes that the claim hereto annexed is a 
 true and jubt claim, and that he shall be able to make due proof and 
 specification theieof. 
 
 Same day the said D. H. G. was duly sworn to 1 „ „ p 
 the truth of this affidavit and claim annexed, J ' ' 
 Before me, 
 
 J. A., Surrogate. 
 
APPENDIX C; 28ft 
 
 Commission of Survey. 
 
 Georoe, by the grace of God of the United Kingdom of Great 
 Britain and Ireland King, Defender of the Faith, to Edward Simmonds 
 Ommaney and Thomas Hurry of Yarmouth, merchants, greeting. 
 Whereas our beloved the Right Honourable Sir William Scott, 
 Knight, Doctor of Laws, our Lieutenant of the High Court of our 
 Admiralty of England, and in the same Court Official, Principal, and 
 Commissary General and Special, and President and Judge thereof, 
 and also to hear and determine all and all manner of causes and com- 
 plaints as to ships and goods seized and taken as prize, specially 
 constituted and appointed in a certain business moved and prosecuted 
 before him in our said Court, on our behalf, against the ship called 
 " Eleonora AVilhelmina " (whereof Michael Zimmerman was mas- 
 ter), her tackle, apparel, and furniture, and the goods, wares, and 
 merchandises laden therein, taken by our frigate " L'Aimable," 
 Clotworthy Upton, Esquire, commander, and brought to the port 
 of Yarmouth ; and against the said Michael Zimmerman, the master 
 and claimant of the said ship and cargo, intervening rightly and 
 duly proceeding at petition of our Procurator- General, decreed a 
 commission to issue to survey the mast-pieces and spars, part of the 
 cargo of the said ship " Eleonora Wilhelmina " (justice so requir- 
 ing). We do therefore, by these presents, authorise and empower 
 you, and strictly charge and command you, that you choose two 
 good and lawful men, well experienced in such affairs, and indiffe- 
 rent to the aforesaid parties, and swear them faithfully and justly 
 to survey the dimensions of the mast-pieces and spars, part of the 
 cargo of the said ship " Eleonora Wilhelmina," and the same being 
 so surveyed, that they make their report thereof to our aforesaid 
 judge, and that you duly transmit the said report subscribed by you 
 and the said surveyors, together with these presents. Given at 
 London, in our aforesaid Court, under the Great Seal thereof, the 
 nineteenth day of December, in the year of our Lord one thousand 
 eight hundred and six, and of our reign the forty-seventh. 
 
 Abden, 
 
 Registrar. 
 Commission of Survey, 
 Bishop. 
 
 Return of Commissioners under Commission of Survey. 
 
 A true report of the dimensions of such of the mast-pieces and 
 spars, part of the cargo of the ship called "Eleonora Willielr 
 n 
 
290 APPENDIX C. 
 
 mina," whereof Michael Zimmerman was master, as have been 
 surveyed at Great Yarmouth, in the county of Norfolk, the 5th 
 day of January, 1807, by virtue of the Commission hereunto 
 annexed. 
 
 We, Edward Simmonds Ommanney and Thomas Hurry, the 
 Commissioners named in the Commission hereto annexed, do hereby 
 certify that by virtue thereof we have chosen William Hazard and 
 Robert Searum, two good and lawful men, well experienced in such 
 affairs, and indifferent to the parties concerned, and have duly sworn 
 them faithfully and justly to survey the dimensions of the mast- 
 pieces and spars mentioned in the Commission hereunto annexed; 
 and we the said William Hazard and Robert Searum, whose names 
 are hereunto subscribed, do hereby certify that by virtue of our oaths 
 we have faithfully and justly surveyed the dimensions of such the 
 mast-pieces and spars on board of the said ship as can be measured 
 without taking out the greater part of the said cargo, which dimen- 
 sions are as follows, viz. : — 
 
 One Riga round mast, commonly called a hand mast-piece, seventy- 
 two feet long, and at about six feet from the heel twenty-one inches 
 in diameter. It is impossible, without removal, to ascertain the 
 diameter of the said mastpieee at the usual plafe of measurement, 
 which is one third from the heel. Three other Riga round masts, 
 commonly called hand mast-pieces, about seventy feet long, and 
 measured at about one third from the heel, being the usual place of 
 measurement, of the following diameters, viz. : one nineteen inches 
 and a half, one twenty inches, and one nineteen inches. 
 
 Double Riga boat masts or spars, fifty-two feet long, and from 
 eight inches and a half to twelve inches diameter. The number 
 unknown. 
 
 Ruckers from twenty to thirty-six feet in length ; the number 
 unknown. 
 
 In witness whereof, we have hereunto set hands the 10th day of 
 January, 1807. 
 
 Edward S. Ommanney, 
 Thomas Hurry, 
 
 Wm. Hazard, 1 surveyors. 
 Robert Searum, J ' 
 
 If 1 
 ' V Commissioners. 
 
 Affidavit. — Nature of Cargo. 
 
 On the eighteenth day of May, one thousand eight hundred and five. 
 
 Appeared personally Eli Williams Morgan of Great Yarmouth, 
 in the county of Norfolk, cheesemonger, and William Smith the 
 younger, of the same town, late a shipmaster, and now storekeeper 
 
APPENDIX C. 291 
 
 to the contractor at Yarmouth for supplying His Majesty's ships on 
 that station with provisions, and severally made oath that they have 
 this day re-surveyed and re-examined the cargo of cheese on hoard 
 the ship or vessel called the " Zeldenrust," Luppe Habber Rozenna 
 master, lately seized and taken as prize by. His Majesty's frigate 
 the "Penelope," William Robert Broughton, Esquire, commander, 
 and sent into the port of Yarmouth, and it is their opinion that the 
 said cheese is such as is used on board French and Spaoish ships of 
 war. 
 
 The same day the said Eli Williams Morgan 
 and William Smith were sworn to the 
 truth of the above affidavit, at Great 
 Yarmouth aforesaid. 
 Before me. 
 
 E. W. Morgan. 
 Wm. Smith, Jun. 
 
 Commissioner of His Majesty's 
 Rd. MiLLEB, Jun.-{ Court of King's Bench, Common 
 Pleas, and Exchequer. 
 
 ■{ 
 
 Affidavit — Perishable Condition of Cargo. 
 
 On the tenth day of June, one thousand eight hundred and five, 
 
 Appeared personally Eli Williams Morgan, of Great Yarmouth, in 
 the county of Norfolk, cheesemonger, and William Smith the 
 younger, of the same town, late a shipmaster, and now storekeeper 
 to the contractor at Yarmouth for supplying His Majesty's ships on 
 that station with provisions, and severally made oath, that they 
 have this day in warehouses in Great Yarmouth aforesaid carefully 
 surveyed and examined the cargo of cheese lately landed out of the 
 ship or vessel called the " Zeldenrust," Lupper Habber Rozenna, 
 master, which was lately seized and taken as prize by Her Majesty's 
 frigate the " Penelope," Robert Broughton, Esquire, commander, 
 and sent into the port of Yarmouth ; and that part of the said cheese 
 is decayed, and the rest in a decaying state ; and that it is for the 
 interest of all persons interested therein to have the same imme- 
 diately sold. 
 
 The same day the said Eli Williams" 
 
 Morgan and William Smith were sworn _E. W. Morgan. 
 to the truth of the above affidavit, at Great " Wm. Smith, Jun. 
 Yarmouth aforesaid. 
 Before me, 
 
 C A Commissioner of His Majesty's Courts 
 Rd. Milleb, Jun.-I of King's Bench, Common Pleas, and 
 [_ Exchequer. 
 v2 
 
292 ipPENDIX c. 
 
 ' Decree of Restitution. 
 
 VicTOBJA, by the grace of God of the United Kingdom of Great 
 Britain and Ireland Queen, Defender of the Faith, to Evan Jones, 
 Esquire, Marshal of the High Court of our Admiralty of England, 
 and to his substitute or substitutes whomsoever, and to all others in 
 whose custody or possession the under-mentioned 
 now remain , greeting. Whereas 
 
 our beloved the Right Honourable Stephen Lushington, Doctor of 
 Laws, Lieutenant of the said High Court of our Admiralty of Eng- 
 land, and in the same Court Official, Principal, and Commissary 
 General and Special, and President and Judge thereof, and also to 
 hear and determine all and all manner of causes and complaints as 
 to ships and goods seized and taken as prize, specially constituted 
 and appointed, in a certain cause or business moved and prosecuted 
 before him in our said court on our behalf 
 against the 
 (whereof was master), her tackle, 
 
 apparel, and furniture 
 seized and taken by 
 and against 
 intervening ; rightly and duly proceeding on the 
 
 We do therefore by these presents authorise and empower yon 
 
 jointly and severally, and do strictly charge and command you to 
 
 release the 
 
 from the seizure made in this behalf, and to deliver and restore the 
 
 same unto the said 
 
 for the use of the owner and proprietor thereof, and 
 
 hereof fail not. Given at London, in our aforesaid Court, under the 
 
 seal of the same for causes, the day of , in 
 
 the year of our Lord one thousand eight hundred and fifty , 
 
 and of our reign the 
 
 Restitution i 
 
 titution of 1 
 
 Decree of Condemnation. 
 
 "Rapid," .... master. 
 Our Sovereign Lady the Queen, in her Office of Admiralty, against 
 the ship or vessel " Rapid," her tackle, apparel, and furniture, 
 and goods, wares, and merchandise laden therein, seized by the 
 
APPENDIX e. 293 
 
 officers of Her Majesty's Customs at the port of Hull ; and against 
 Jung Rord Hansen, the master of the said ship or vessel, and the 
 claimant as the sole owner and proprietor thereof, and also claimant 
 of the freight ; and Alexander Schussen, one of the partners in the 
 firm of John Henry Schroden and Company, of No. 6. Lime-street- 
 square, in the city of London, merchant, the claimant on behalf of 
 himself and partners, the owners and proprietors of the said cargo, 
 intervening, and against aU persons in general. 
 
 TowNSEND. Stokes. 
 
 Stokes prayed the Judge to admit the claim of his party. 
 
 Townsend prayed the Judge to reject the said claim, and condemn 
 the said ship or vessel as good and lawful prize. 
 
 The Judge, having heard advocates and proctors on both sides, 
 and having read the claim and the proofs by interlocutory decree, 
 rejected the said claim, and, in pain of parties cited not appearing, 
 pronounced the said ship or vessel to have belonged, at the time of 
 the capture and seizure thereof, to enemies of the Crown of Great 
 Britain, and, as such or otherwise subject and liable to confiscation, 
 and condemned the same, as also the freight due for the transporta- 
 ation of the cargo lately laden therein, as good and lawful prize, and 
 as droits and perquisites of Her Majesty, in her Office of Admiralty, 
 seized by the officers of Her Majesty's Customs at the port of Hull ; 
 and, as further petition of Townsend, directed the said ship or 
 vessel to be appraised and sold, and assigned. Rothery to bring in 
 the freight the first session of next Term. 
 
 Instrument of Appeal.^ 
 
 In the name of God, amen. Before you, the Notary Public and 
 witnesses of good faith and credit here present, I, Francis Hart 
 Dyke, Esquire, Her Majesty's Procurator General, do exhibit as such 
 
 ' The following note contains All appeals from sentences in the 
 
 some interesting extracts on the Court of Admiralty, as -ffell in suits 
 
 subject of Courts of Appeal in Ad- relating to prizes as in all others, 
 
 miralty causes, and is taken from were anciently made to the king, 
 
 the printed paper in the case of the and the proceedings on these ap- 
 
 "BeYor," Medina y. Norris, Jan. 17. peals have always been according 
 
 1735. to the forms proscribed by the Civil 
 
 An objection had been taken to or Admiralty Law." 
 
 the appeal because no petition of ap- In the Patent EoUs in the Tower 
 
 peal had been preferred to H. M. of the reign of King Richard II. 
 
 in Council, but their Lordships pro- there are several commissions to 
 nounced for their jurisdiction. 
 
 ' Rot. 33 Ed. I. De superioritate in eodem. Printed in Selden Marc, 
 Maris Angliae et Jure AdmiraUtatis Claus. Ub. 1. c. as 
 
 US 
 
294 
 
 APPENDIX C. 
 
 and make myself a party for our Sovereign Lady the Queen, with a 
 design and intent to appeal from and complain of all and singular 
 
 hear appeals irom sentences, of the 
 Court of Admiralty, in some of 
 which the appeal is mentioned to 
 be made to the King', in some to 
 the King and his council \ in others 
 to the King and his audience ', and 
 in others to the King's audience.' 
 
 In the reigns of Henry IV.*, 
 Henry V.°, and Henry VI.' the ap- 
 peals were commonly expressed to 
 he ad regem et attdientiam suam, and 
 they continaed in that form during 
 several of the subsequent reigns. 
 
 In the reign oi Henry VIII. they 
 ■were mentioned to be made to the 
 King in his Court of Chancery', 
 and in the reign of Queen Elizabeth 
 the appeal was sometimes expressed 
 to be made to the Queen in her 
 Court of Chancery °, and in some 
 instances to the Queen and her 
 Court of Chancery.'" None of these 
 appeals were heard or determined 
 by the King in person, or by his 
 council, or by the Court of Chan- 
 cery; but by certain Judges, dele- 
 gates appointed by the crown, by a 
 distinct Commission which issued 
 for hearing and determining each 
 appeal in the same manner as is at 
 present used in appeals from Eccle- 
 siastical Courts. 
 
 In the fourth year of the reign of 
 King Charles I. the course of ap- 
 pealing with regard to prize causes 
 was, as the Commission recites ", for 
 reasons of state, varied, and a gene- 
 
 ral commission issued in that year to 
 the Lord Treasurer and six other 
 lords of the , Privy Council, consti- 
 tuting them standing Commissioners 
 to hear and determine all appeals 
 from the Court of Admiralty in 
 cases of prize.'^ 
 
 About three years after the erect- 
 ing this new Commission the Earl 
 of Warwick, having taken a ship 
 called the "Augustine" of Genoa, 
 which was claimed by Francis 
 Massola, a Genoese, the Judge of the 
 Admiralty decreed the ship to be 
 restored to Massola; upon which 
 the Earl appealed to the King in 
 his Court of Chancery, and sued 
 out a commission of delegates di- 
 rected in the usual form to parti- 
 cular Judges delegates to hear and 
 determine the . same ; but by an 
 Order of Council of the 31st of De- 
 cemher, .1031, the hearing the said 
 appeal was declared to belong to 
 the standing Commissioners ap- 
 pointed by the said Commission of 
 the fourth of Car. I., and this reso- 
 lution of the King and council was 
 signified to the Lords Commissioners 
 by a new Commission under the 
 great seal tested the 22nd of June, 
 7 Car. L" The Earl of Warwick, 
 for anything that appears to the 
 contrary, acquiesced under this de- 
 termination, and the authority of 
 the Commissioners has not since 
 been questioned. 
 
 F ' Selden Dis. ad Fletam, 631. 
 Rot. Pat. 4 H. 6. par. 2. m. 11.; and 
 Eot. Pat. Francie, 6 R. 2. m. 21., 
 printed in Prynne's Animad. pp."85. 
 118. 
 
 ^ Rot. Pat. 13 R. 2. par. 2. m. 
 27. 
 
 = Rot. Pat. 6 R. 2. par. 1. m. 12. 
 dorso. 
 
 * Rot.',Pat. 17 R. 2. par. 1. m. 8. 
 
 ' Rot. Pat. 15 R. 2. par. 2. m. 36. 
 
 « Rot. Pat. 11 H. 4. par. 1. m. 12. 
 Printed in Prynne's Animad. p. 402. 
 
 ' Rot. Pat. 6 H. 5. m. 17. 
 
 » Rot. Pat. 25 H. 6. par. 2. m. 21. 
 
 » Stat. 25 H. 8. c. 19. s. 4.; and 
 Stat. 8 Eliz. c. 5. 
 
 "> Rot. Pat. 45 Eliz. par. 5. 
 
 " Rym. -Feed. vol. xix. p. 300. 
 col. 1. 
 
 " Rym. Feed. vol. xix. p. 7. 
 
 " Rym. Feed. vol. xix. p. 300. 
 
APPENDIX 0. 
 
 295 
 
 the" nullities, iniquities, iiyuries, injustices, and errors hereinafter 
 mentioned, and equally and alike principally complaining of them 
 
 The Commission of the fourth 
 Car, I. continued in force until the 
 tenth Car. I., when a new Com- 
 mission issued to the Earl of Port- 
 land and six other Lords of the 
 Privy Council." 
 
 On the 14th of March, in the 
 seventeenth of King Charles II. a 
 like commission issued to the Duke 
 of Buckingham and twelve other 
 Lords of the Privy Conncil.'' 
 
 On the 16th of August, in the 
 second year of the reign of King 
 William and Queen Mary a new 
 Commission in the like form issned 
 directed to all the Lords of the Privy 
 Council hy name.' 
 
 On the 20th of October, in the 
 first year of the reign of Queen 
 Anne, a like Commission issued, di- 
 rected to all the Lords of the Privy 
 Council hy name, appointing them 
 and all and every Her Majesty's 
 Privy Councillors for the time being 
 to be Commissioners for receiving 
 and determining prize appeals.* 
 
 The Lords of the Privy Council, 
 in the exercise of this jurisdiction, 
 have, as appears by their register 
 books, constantly proceeded accord- 
 ing to the forms of the Civil or Ad- 
 miralty Law, and have made use of 
 different oflBcers instead of the Clerks 
 of the Council ; a registrar appointed 
 by their Lordships ' takes their mi- 
 nutes and draws up their Lordships' 
 orders and decrees ; and all appeals 
 prayed to the King in cases of prize 
 have, ever since the year 1628, been 
 received and allowed byjtheir Lord- 
 ships without any previous petition 
 
 of appeal to or reference from His 
 Majesty, and the Lords Commis- 
 sioners for prize appeals have con- 
 stantly proceeded to affirm or re- 
 verse the sentence complained of 
 without making any report of their 
 opinion to His Majesty. Before the 
 year 1708 appeals from the Vice- 
 Admiralty Courts in the Plantations 
 were always made to the High 
 Court of Admiralty in England, the 
 authority of the Lords Commis- 
 sioners for hearing and determining 
 prize appeals being confined to 
 cases sentenced or adjudged in the 
 Court of Admiralty of England. But 
 in the year 1708 the form of the 
 Commission was varied, and the ap- 
 peal was given directly from the 
 Courts of Admiralty in the Plant- 
 ations to the Queen in Her Privy 
 Council by the following clause in 
 the Act for encouragement of the 
 trade to America. — 
 
 " It is enacted, that if any captor 
 or captors, claimant or claimants, 
 shall not rest satisfied with the sen- 
 tence given in such Court of Ad- 
 miralty, it shall and may be lawful 
 to the party or parties thereby ag- 
 grieved to appeal from the said 
 Court of Admiralty to Her Majesty 
 in Her Privy Council, such appeal to 
 be allowed in the like manner as 
 appeals to Her Majesty are now al- 
 lowed from the Court of Admiralty 
 within this kingdom, so as the 
 same be made within fourteen days 
 after sentence and good security be 
 likewise given by the appellant or 
 appellants that he or they will ef- 
 
 ' Rym. Feed. vol. xix. p. 581. 
 " Pat. 17 Car. 2. par. 2. m. 5. 
 ' Pat. 2 W. & M. 
 
 * Pat. 1 Anne, par. 10. 
 
 * Register Book of the Lords 
 Commissioners of Prizes, No. 1. f. 
 52 a., where there is a grant signed 
 by Lord Chief Justice Holt and 
 
 Stat. 6 Anne, 
 c. 37. § 8. 
 
 three others of the Lords Commis- 
 sioners of Prizes, appointing Thomas 
 Bedford to be registrar to the Lords 
 Commissioners for attesting their 
 sentences, decrees, and acts, keeping 
 their record and seal, examining 
 witnesses, &c., 
 
 U4 
 
296 
 
 APPENDIX C. 
 
 and every of them, do, by this present instrument in writing, say, 
 allege, and in law articulately propound as follows, to wit : — 
 
 fectually prosecute such appeal and 
 answer the condemnation, as also 
 pay treble costs as shall be awarded 
 by Her Majesty in case the sentence 
 of such Court of Admiralty he af- 
 firmed and so as execution be not 
 suspended by reason of any such 
 appeal, anything in this Act con- 
 tained to the contrary thereof in 
 anywise notwithstanding." 
 
 The intention of this statute we 
 apprehend was not to vary the ju- 
 dicature by which these appeals 
 were ultimately to be determined, 
 but only to take away one instance, 
 1, e. the appealing first to the High 
 Court of Admiralty and the limiting 
 the appeal to be to the King in his 
 Privy Council, was, we conceive, 
 only to show that these prize ap- 
 peals were to be heard by the Lords 
 of the Council, all other appeals 
 from the Court of Admiralty here, 
 except in cases of prize, being made 
 to the f^ing in his Court of Chan- 
 cery; and, agreeable to this con- 
 struction, the Act taking place on 
 the 24th of June, 1 708, her late Ma- 
 jesty, by anew Commission dated the 
 16th of September, 1708, directed to 
 all the Lords of the Privy Council by 
 name, revoked the Commission 
 which in the first year of her reign 
 had been granted to the Lords of 
 the Council for hearing prize ap- 
 peals, and after reciting that in causes 
 of prizes suits many times happened 
 in the High Court of Admiralty here, 
 and the Courts of Admiralty in the 
 Plantations in America, whereupon 
 sentence being given, the party 
 against whom such sentence had or 
 should be given might desire to ap- 
 peal to some other judge or commis- 
 sioner, therefore the Queen thereby 
 appoints them and all and every her 
 Privy Councillors for the time being 
 
 to be commissioners for receiving, 
 hearing, and determining of appeals 
 in the cases aforesaid ; and they 
 were thereby impowered, upon any 
 appeals in due form of law, made in 
 that behalf, to review and re-ex- 
 amine the proceeding had and sen- 
 tence appealed from in any case or 
 cases sentenced or judged in the 
 High Court of Admiralty here or 
 in any of the Courts of Admiralty 
 in any of the plantations of America 
 concerning prizes taken or to be 
 taken.* 
 
 On the 16th of December, 1708, 
 the Commission of the 16th of Sep- 
 tember, 1708, was revoked, and a 
 new Commission was issued in the 
 same words, save that the words 
 Our High Court of Admiralty here 
 were omitted, and in their place Our 
 Courts of Admiralty in this our King- 
 dom of Great Britain, were inserted^ 
 and then follow the words, and the 
 Courts of Admiralty in our Planta- 
 tions in America, as in the former 
 Commission. This last Commission 
 continued in force until the 17th of 
 February, 1714, when it was re- 
 voked, and a new Commission in 
 the same words, mutatis mutandis ', 
 was granted, which being deter- 
 mined by the demise of His late 
 Majesty, a new Commission issued 
 to your Lordships dated the 1 6th of 
 May, 1728, in the same form which 
 is still subsisting.' 
 
 The Lords Commissioners of 
 Prizes being in this manner im- 
 powered to hear and determine 
 appeals from the Courts of Admi- 
 ralty in the Plantations of America 
 in causes of prizes, they have ever 
 since the year 1708 exercised this 
 jurisdiction without the least inter- 
 ruption ; all appeals in case of prize 
 from the Plantations having been 
 
 ' Pat. 16 Sept. 1708, 7'"°. Annae. 
 2 Pat. 16 Dec. 7"»«. Ann^. 
 
 Pat. 17 Feb. 1 Geo. I. 
 Pat 16 May, 1 Geo. 2. 
 
APPENBIX C. 
 
 ,297 
 
 That a certain cause of prize was lately depending before the 
 Right Honourable Stephen Lushington, Doctor of Laws, Lieutenant, 
 
 constantly allowed, with their Lord- 
 ships, in the like manner as appeals 
 to His Majesty from the Court of 
 Admiralty here are allowed, and 
 their Lordships have heard and de- 
 termined all those appeals by virtue 
 of their Commission, without any 
 previous petition of appeal to His 
 Majesty or any order of reference 
 from him. 
 
 In the course of these appeals 
 from the Flantations, the proceed- 
 ings have always been according to 
 the forms of the Court of Admiralty 
 here, and for that purpose their 
 Lordships have usually referred the 
 expediting all intermediate acts, 
 preparatory to the hearing of such ', 
 as the allowing or receiving appeals, 
 the admissibility of any new allega- 
 tions pleading facts not pleaded in 
 the Court below, granting commis- 
 sions for examining witaesses on 
 such new allegations, &c. to a sur- 
 rogate named by their Lordships 
 whom they are empowered by their 
 Commission to appoint. Whereas 
 in the method of proceeding by pe- 
 tition of appeal to His Majesty no 
 new facts are admitted to be proved, 
 the cause being always heard and 
 determined on the proofs made use 
 of in the Court below. 
 
 It is evident from the records 
 above cited that from the time of 
 HiehardlJ., the King has constantly 
 exercised this branch of his prero- 
 gative of hearing and determining 
 Admiralty appeals, not in person, 
 but by Commissioners appointed 
 from time to time for that purpose. 
 
 The act of the 6th of Queen Anne 
 hath no restrictive words to tie up 
 the execution of this power to the 
 King personally. It indeed directs 
 the appellant to give security to pay 
 such costs as shall be awarded by 
 His Majesty. If the Lords Com- 
 
 missioners award costs, it is by 
 virtue of the power delegated to 
 them by His Majesty, and may 
 without any impropriety be Said to 
 be awarded by His Majesty, being 
 awarded by Commissioners deputed 
 by him for that purpose. 
 
 The Lord Coke in his Second In- 
 stitutes, page 186., lays it down as a 
 rule, that when any judicial act is 
 by an Act of Parliament referred to 
 the King, it is understood to be done 
 in some Court of Justice according 
 to law and not by the King per- 
 sonally. 
 
 Where the King is visitor, he 
 usually exercises that authority, 
 either by his Lord Chancellor, or 
 by Commissioners. Writs of error 
 and proceedings thereupon in Par- 
 liament and in the King's Bench 
 are coram domino rege, and yet the 
 judgments are never given by the 
 King personally. 
 
 It is apprehended, this preroga- 
 tive of the Crown of appointing 
 Commissioners to hear and deter- 
 mine these appeals, cannot be taken 
 away by implication or by general 
 words in an Act of Parliament. The 
 Statute 25 Hen. 8, cap. 19, sect. 4, 
 which gave the appeal from the 
 Archbishop's Court to the King, in 
 his chancery, directs that upon every 
 such appeal a commission shall be 
 directed under the Great Seal, to 
 xuch persons as shall be named by 
 the King, his heirs, successors, like 
 as in case of appeal from the Admi- 
 ral's Court, to hear and definitively 
 determine such appeals, and that 
 their decree should be definitive, 
 hearing prize appeals from the Plan- 
 tations, from 1708 to this time; not 
 one of those ^appeals having been 
 determined by His Majesty person- 
 ally, or by virtue of any previous 
 order of reference from the King, 
 
 Register of the Lords Commissioners, No 6. f. 412. 420. et alibi. 
 
293 
 
 APPENDIX G. 
 
 Judge, and President of the High Court of Admiralty of England^ 
 on the part and hehalf of our Sovereign Lady the Queen, against 
 
 and no further appeals should be 
 had or made from the said Com- 
 missioners for the same, yet it hath 
 been held that the King after such a 
 definitive sentence may grant a 
 Commission of Review." 
 
 By the Statute, 8 Eliz., cap. 5, it 
 is enacted, that all and every judg- 
 ment and sentence definitive as shall 
 he given or pronounced in any 
 civil and marine cause, upon appeal 
 lawfully to be made therein to the 
 Queen, in her Court of Chancery, 
 such commissioners or delegates as 
 should be appointed by Her Majesty, 
 her heirs, and successors, shall be 
 final, and no farther appeal to be had 
 or made from the judgment or sen- 
 tence definitive, or from the said com.- 
 missioners or delegates for or in 
 the same, any law, usage, or custom, 
 to the contrary notwithstanding. 
 And yet it hath been held that this 
 Statute doth not take away the 
 King's prerogative of granting a 
 Commission of review, and there 
 are instances of Commissions of 
 review, granted since this Act of 
 Parliament in civil and marine 
 causes. In the year 1692, there was 
 a remarkable commission of this 
 kind, in vrhich Lord Chief Justice 
 Bolt acted as a Commissioner, and 
 reversed a sentence given by the 
 Lords of the Council, as Lords Com- 
 missioners of Prizes.^ At the time 
 this Act of the 6th of Queen Anne 
 was passed, all appeals from the 
 Court of Admiralty here were al- 
 lowed and determined by Commis- 
 sioners appointed by the Queen and 
 not by the Queen personally ; and 
 the Act directing that these Planta- 
 tion appeals should be allowed in 
 like manner as appeals to Her 
 
 Majesty were then allowed from the 
 Court of Admiralty wilhiu this 
 Kingdom j it follows the legislature 
 intended that these Plantation ap- 
 peals should be determined in the 
 same manner, that is, by Commis- 
 sioners delegates. 
 
 If there had appeared any reason 
 to question the authority of this 
 commission in the rise or original 
 of it, yet we apprehended a usage 
 for above twenty years ever since 
 the making the Act of Parliament 
 will be sufficient to support it. The 
 course of Courts of Justice is the 
 law of those Courts, and a part of 
 the law of the land, and it has been 
 held to be so in cases where if it 
 was not for the regard the law has 
 for precedents or usage, such course 
 of proceeding would be against the 
 rule of the Common Law or against 
 an Act of Parliament. 
 
 In the case of the Queen and the 
 bailiffs of Bewdley, Michaelmas, the 
 second year of Queen Anne, all the 
 judges of -Ensrfanrfheld a writ, vary- 
 ing in the most materal point of it, 
 from the express directions of an 
 Act of Parliament, to be good, be- 
 cause it was agreeable to the prece- 
 dents from the time the Act had 
 been made, which in that case was 
 only seven years, and because to 
 have made a contrary determination 
 would have been to shake many 
 judgments. The law allows such 
 weight to argument ab inconvenienti, 
 that is grovm into a maxim, better a 
 mischief than an inconvenience. In 
 the present case, should the objec- 
 tion made to this Commission pre- 
 vail, it will, in effect, overturn all 
 the judgments that have been given 
 by the Lords Commissioners for 
 
 ' Co. 4 Inst. 341. ' 
 
 ' Register of Lords Commission- 
 ers of Prizes, No. 2. i. 146. 53 I. to 
 55 a. 
 
 Their Lordships 
 for their jurisdiction. 
 
 pronounced 
 
APPENDIX 0. 299 
 
 the ship or vessel " Leucade," whereof Spirdion Arronis was master, 
 taken and seized by Her Majesty's ship of war " Firebrand," Hyde 
 Parker, Esquire, commander (since deceased), and also against 
 Alexander Stamatopoulos, of the Ionian island of Santa Maura, 
 merchant, claimant of the vessel and cargo, that on the nineteenth 
 day of May, in the year of our Lord one thousand eight hundred 
 and fifty-five, the aforesaid Judge did admit the claim of the said 
 Alexander Stamatopoulos for the vessel and cargo, and by inter- 
 locutory decree, having the force and effect of a definitive sentence 
 in writing, restore the same to the said claimant, for the use of 
 the owners and proprietors thereof, against right and justice, acting 
 in all things nuUy and unjustly, as well by virtue of his pretended 
 office, as at the unjust instance, instigation, solicitation, procurement, 
 or petition of the said Alexander Stamatopoulos, or his Proctor, to 
 the very great detriment and prejudice of our Sovereign Lady the 
 Queen. Whereupon I, the said Francis Hart Dyke, Esquire, Her 
 Majesty's Procurator General, looking upon and believing our 
 Sovereign Lady the Queen to be very much injured and aggrieved 
 by all and singular the nullities, iniquities, injustices, grievances, 
 and errors in the proceedings aforementioned, and justly fearing that 
 Her Majesty may be further injured and aggrieved thereby, do, by 
 this present writing, appeal from them and every of them, and more 
 especially from the said Judge having decreed the said vessel and 
 cargo to be restored to the said Alexander Stamatopoulos, for the 
 use of owners and proprietors thereof, and from everything follow- 
 ing and arising thereupon, to the Judicial Committee of Her 
 Majesty's Most Honourable Privy Council ; and do equally alike 
 principally complain of them and every of them. And I do hereby 
 three times severally and most earnestly pray letters dismissory to 
 be made out and delivered to me or my party. And, lastly, I do 
 hereby reserve to myself power to correct and reform this my appeal 
 and complaint, by adding thereto or subtracting therefrom, and 
 reducing the same into a better and more convenient form, and also to 
 intimate the same to every person to whom by law I ought, as the law 
 shall require and counsel advise, at time and place convenient, ac- 
 cording to law, style, and custom. Upon all and singular which 
 premises the said Francis Hart Dyke, Her Majesty's Procurator 
 
 but by their Lordships purely, under called in question, but that your 
 
 the authority of one or other of Lordships will proceed to a final 
 
 the said commissions. The con- hearing and determination of the 
 
 fusion this would create is obvious, said appeal by virtue of your said 
 
 and therefore whatever, might have fcommission. 
 
 been the rule, were it a new case, Will. Strahan. 
 
 itishopedtheauthority of theCom- J. Stkange. 
 mission shall not at this time be 
 
300 
 
 APPENDIX C. 
 
 General aforesaid, desired and required me, the Notary Public here- 
 under written, to draw up from thence for him one or more public 
 instrument or instruments, and the witnesses subscribed to attest the 
 same. 
 
 This appeal was interposed on Thursday, the twenty-fourth day 
 of May, one thousand eight hundred and fifty-five, in the Common 
 Hall of Doctors' Commons, London, by the said Francis Hart Dyke, 
 Esquire, who then and there appealed, protested, and prayed letters 
 dismissory, and all things as in the above-written appeal is con- 
 tained, there being then and there present with me the Notary 
 aforesaid, Charles Tebbs, also Notary Public, specially desired to 
 testify the same. 
 
 Which I attest, 
 
 Edward F. Jenner, 
 
 Not. Pub. 
 Witness, , 
 
 Charles Tebbs, 
 
 Not. Pub. 
 
 Petition of Appeal. 
 In the Privy Council. 
 
 From the High Court of Admiralty of England. 
 
 Johannes Gronsund, of No. 2. John-street, Mino- " 
 ries, in the City of London, ship-agent (one of the 
 partners in the house of trade known by the style or 
 firm of Messieurs Litchfield and Gronsund, ship- 
 agents), the claimant of the schooner or vessel 
 " Union " (whereof Jacob Friedrich von Barm was 
 master), her taclde, apparel, and furniture, and 
 cargo laden therein, and the freight, captured by 
 Her Majesty's ship-of-war " Cruizer," the Ho- 
 nourable George Henry Douglas, commander, 
 
 against 
 
 The said Honourable George Henry Douglas and"! 
 Francis Hart Dyke, Esquire, Her Majesty's Pro- > Respondents, 
 curator General in special and all others in general J 
 
 I- Appellant. 
 
 Schooner " Union," Jacob Friedrich von Barm, master. 
 
 To the Queen's Most Excellent Majesty in Council. 
 
 The humble petition of William Rothery, of Doctors' Commons, 
 
APPENDIX C. 
 
 Proctor of the above-named Johannes Gronsund, the claimant 
 of the schooner or vessel " Union," her cargo and freight, 
 
 Showeth, 
 
 That in a certain cause or business of prize which was moved 
 and prosecuted before the Right Honourable Stephen Lushington, 
 Doctor of Laws, the Judge of the High Court of Admiralty of 
 England, by and on the part and behalf of Your Majesty against 
 the schooner or vessel " Union," her tackle, apparel, and furniture, 
 cargo and freight, captured by Your Majesty's ship-of-war 
 " Cruizer," the Honourable George Henry Douglas commander, 
 and against Johannes Gronsund, of No. 2. John-street, Minories, in 
 the City of London, ship-agent (one of the partners in the house of 
 trade known by the style or firm of Messieurs Litchfield and Gron- 
 sund, ship-agents), the claimant of the said schooner or vessel 
 " Union," her cargo and freight, intervening and against all persons 
 in general having or pretending to have any right, title, or interest 
 therein, the said Judge did, on the third day of the month of Feb- 
 ruary, in the present year one thousand eight hundred and fifty-five, 
 reject the claims of the said Johannes Gronsund, and did pro- 
 nounce the said schooner or vessel " Union " and cargo to have be- 
 longed at the time of the capture thereof to enemies of the Crown 
 of Great Britain, and as such or otherwise subject and liable to 
 confiscation, and did condemn the same as good and lawful prize 
 captured by Your Majesty's ship-of-war " Cruizer," the Honourable 
 George Henry Douglas commander, and direct the said schooner 
 or vessel and cargo to be appraised and sold ; from which sentence 
 an appeal hath been duly entered on behalf of the said Johannes 
 Gronsund and lodged in the registry of the High Courts of Ad- 
 miralty and Appeals. 
 
 Wherefore your petitioner humbly prays that Your Majesty will 
 be graciously pleased to refer this petition and the said appeal 
 to this Judicial Committee of the Privy Council. 
 
 ROTHEBY. 
 
 Doctors' Commons, 30th April, 1855. 
 
 Inhibition and Citation. 
 
 Victoria, by the grace of God of the United Kingdom of Great 
 Britain and Ireland Queen, Defender of the Faith, to all and 
 singular our liege subjects being literate persons whomsoever and 
 wheresoever in and throughout our said United Kingdom, and 
 especially to Edward Goodall our officer lawfully appointed, greeting. 
 Whereas a certain cause or business of prize promoted and brought 
 on our behalf against the schooner or vessel " Franciska " (whereof 
 
 301 
 
302 APPENDIX C. 
 
 lately was master), her tackle, apparel, and 
 furniture, and the goods, wares, and merchandises laden therein, 
 captured by our ship-of-war " Cruizer " (the Honourable George 
 Henry Douglas commander), and against Henry Sharpe, of No. 26. 
 Broad-street-buildings, in our City of London, merchant (one of 
 the partners in the firm of Messrs. Henry and Daniel Sharpe of the 
 same place, merchants), the claimant of, and intervening so far as 
 regards certain wine and salt laden on board the said schooner or 
 vessel (as specified in the schedule annexed to his claim), was lately 
 depending in judgment before the Right Honourable Stephen Lush- 
 ington. Doctor of Laws, Lieutenant, Judge, and President of the 
 High Court of our Admiralty of England ; and whereas the said 
 Right Honourable Stephen Lushington, Doctor of Laws, did, on the 
 seventh day of March last, by his interlocutory decree or sentence, 
 pronounce the said cargo to have belonged at the time of the 
 seizure thereof to enemies of our crown and condemn the same as 
 good and lawful prize captured by our said ship-of-war " Cruizer," 
 the Honourable George Henry Douglas commander, and direct that 
 the same should be appraised and sold ; from which said decree or 
 sentence an appeal hath been interposed on behalf of the said Henry 
 Sharpe to us in council ; and whereas an appeal and a petition of 
 appeal to us of the Proctor of the said Henry Sharpe having been 
 duly lodged in the Registry of our High Court of Appeals, and the 
 said petition having been transmitted to and lodged with the Clerk 
 of our Council, the said appeal stands referred by us to the Judicial 
 Committee of our Privy Council, under and by virtue of the Act ot 
 Parliament made and passed in the seventeenth year of our reign, 
 chapter eighteen, and our Order in Council of the fourteenth day of 
 November last ; and whereas the worshipful John George Mid- 
 dleton. Doctor of Laws, one of the Surrogates of the said Judicial 
 Committee lawfully appointed, hath decreed an inhibition and 
 citation to the eflfect following (justice so requiring), we do therefore 
 authorise and empower and strictly charge and command you, 
 jointly and severally, that you inhibit or cause to be inhibited the 
 said Right Honourable Stephen Lushington, Doctor of Laws, the 
 Judge from whom the said cause is appealed, his Surrogate, and 
 his Registrar or Actuary, and the said Honourable George Henry 
 Douglas, and also Francis Hart Dyke, Esquire, our Procurator 
 General in special and all others in general, whom by the tenor of 
 the presents we do inhibit, that they nor either of them, pending the 
 said appeal, do not nor attempt anything to the prejudice of the 
 said party appellant or his cause of appeal, but that he may have 
 full liberty and power to proceed in and prosecute the same so long 
 as it shall remain undecided, under pain of the law and contempt 
 thereof; and that you also cite or cause to be cited the said Ho- 
 nourable George : Henry Douglas and Francis Hart Dyke, Esquire, 
 
APPENDIX C. . 303 
 
 that they appear before the said Judicial Committee or any three 
 or more of them, in the Privy Council Chamber, Whitehall, on 
 the sixth day after service of these presents if it be a Court day, 
 otherwise before their lordships' Surrogate in the Common Hall of 
 Doctors' Commons, situate in the parish of Saint Benedict, near 
 Paul's Wharf, London, on the next Court held there between the 
 usual hours of hearing causes, there to answer unto the said Henry 
 Sharpe in the said cause of appeal, and further to do and receive in 
 this behalf as unto law and justice shall appertain, under pain of 
 the law and contempt thereof, and that you duly certify what you 
 shall do or cause to be done in the premises to the Judicial Com- 
 mittee aforesaid, or any three or more of them, or their Surrogate, 
 together with these presents. Given at London, under the seal 
 which we use in this behalf, the tenth day of May, in the year of 
 our Lord one thousand eight hundred and fifty-five, and of our 
 reign the eighteenth, 
 
 H. C. ROTHEBY, 
 
 •H. M.'s Registrar. 
 Inhibition, &c. (Appeal of Sharpe.) 
 
 RoTHBRV. (Seal.) 
 
 H. G. M. B, 
 
 Return of Service. 
 
 I certify that this inhibition was duly executed the sixteenth day 
 of May, One thousand eight hundred and fifty-five, on Henry 
 Cadogan Rothery, Esquire, the Registrar of the High Court of Ad- 
 miralty, by showing to him this original inhibition under seal, and 
 by leaving with him a true copy thereof; also upon Francis Hart 
 Dyke, Esquire, Her Majesty's Procurator- General, the Proctor of 
 the within-named the Honourable George Henry Douglas, by also 
 showing to him this original inhibition under seal, and by leaving 
 with him a true copy thereof, who accepted the service thereof on 
 behalf of the within-named, the Honourable George Henry Douglas. 
 
 By me, 
 
 Edwakd Goodall. 
 
 Libel of Appeal. 
 
 In the name of God, amen. Before you, the Judicial Committee 
 of Her Majesty's Most Honourable Privy Council, to whom the ap- 
 peal and complaint hereinafter mentioned stands referred. Francis 
 Hart Dyke, Esquire, Her Majesty's Procurator General, on behalf of 
 our Sovereign Lady the Queen, against Alexander Stamatopoulos, 
 
304 APPENDIX C. 
 
 claimant of the ship or vessel " Leucade," whereof Spirdion Arronis 
 was master, and the cargo laden therein, as the property of himself 
 and Peter Stamatopoulos, hoth of Santa Maura, and Ionian subjects, 
 and against any other person or persons lawfully intervening or ap- 
 pearing in judgment before you in this behalf, doth say, allege, and 
 in law articulately propound as follows, to wit : — 
 
 First. That a certain cause fo prize was lately depending before 
 the Right Honourable Stephen Lushington, Doctor of Laws, Lieu- 
 tenant, Judge, and President of the High Court of Admiralty of 
 England, on the part and behalf of our Sovereign Lady the Queen, 
 against the ship or vessel " Leucade," whereof Spirdion Arronis was 
 master, taken and seized by Her Majesty's ship " Firebrand," Hyde 
 Parker, Esquire, commander (since deceased) ; and also agains tAlex- 
 ander Stamatopoulos, of the Ionian island of Santa Maura, merchant, 
 claimant of the said vessel and cargo ; and against all persons in 
 general having or pretending to have any right, title, or interest 
 therein ; and this was and is true, public, and notorious ; and the 
 party proponent doth allege and propound everything in this and 
 the subsequent articles of this libel contained jointly and severally. 
 
 Second. That the said Right Honoiurable Stephen Lushington, 
 Doctor of Laws, the Judge aforesaid, unduly and unjustly proceeding 
 in the said cause, and (saving all reverence due to him) too much 
 favouring the said Alexander Stamatopoulos more than by law he 
 ought, and not in the least regarding the requisite and just forms of 
 law and judicial proceedings, did, in fact, though unduly, on the 
 nineteenth day of May, in the year of our Lord One thousand eight 
 hundred and fifty-five, admit the claim of the said Alexander Stama- 
 topoulos for the vessel and cargo, and, by interlocutory decree, having 
 the force and effect of a definitive sentence, in writing, restore the 
 said ship and cargo to the said claimant, for the use of the owners 
 and proprietors thereof, against right and justice, acting in all things 
 nully and unjustly, as well by virtue of his pretended office as at t^e 
 unjust instance, instigation, solicitation, procurement, or petition of 
 the said Alexander Stamatopoulos, or his Proctor, to the very great 
 detriment and prejudice of our Sovereign Lady the Queen. And 
 this was and is true, public, and notorious ; and the party proponent 
 doth allege and propound as before. 
 
 Third. That the said Francis Hart Dyke, Esquire, Her Majesty's 
 Procurator General, conceiving Her Majesty to he very much injured 
 and aggrieved by all and singular the grievances, nullities, iniquities, 
 injuries, and errors in the proceeding before mentioned, and justly 
 fearing that Her Majesty may he further injured and aggrieved 
 thereby, hath rightly and duly appealed from them and every of 
 them, and more especially from the said Judge having, on the said 
 nineteenth day of May, One thousand eight hundred and fifty-five, 
 by his interlocutory decree, having the force and effect of a defini- 
 
APPENDIX C. 305 
 
 tive sentence, in writing, restored the said ship and cargo to the 
 said Alexander Stamatopoulos, for the use of the owners and pro- 
 prietors thereof, and from all and singular the other nullities, iniquities, 
 injustices, injuries, grievances, and errors in the proceedings before 
 mentioned, to be collected from the acts and facts of the said Judge, 
 from whom the said cause is appealed to Her Most Excellent Majesty 
 in Council, and hath equally and alike complained of them, and 
 every of them; and this was and is true, public, and notorious. 
 And the party proponent doth allege and propound as before. 
 
 Fourth. That our Sovereign Lady the Queen hath referred the 
 final hearing of this cause of appeal and complaint, with all its inci- 
 dents, emergents, dependents, and things adjoined thereto and con- 
 nected therewith, to you the Right Honourable the Judicial Com- 
 mittee of Her Majesty's Privy Council. And this was and is true ; 
 and the party proponent doth allege and propound as before. 
 
 Fifth. That this cause or business of appeal and complaint of 
 nullity was and is rightly and duly appealed to Her Most Excellent 
 Majesty the Queen, and to you the Most Noble and Right Honour- 
 able the Judicial Committee of Her Majesty's Privy Council, and 
 therefore and by reason of the premises the said Alexander Stama- 
 topoulos was and is subject to the jurisdiction of this Court; and 
 this was and is true, public, and notorious; and the party proponent 
 doth allege and propound as before. 
 
 Sixth. That an inhibition issued under seal of this Court, 
 whereby the said Right Honourable Stephen Lushington, Doctor of 
 Laws, the Judge from whom this cause is appealed, his Surrogate 
 and Registrar or Actuary, and also the said Alexander Stamatopoulos 
 in special and all others in general who ought by law to be inhibited, 
 were and are inhibited from doing or attempting anything to the 
 prejudice of Our Sovereign Lady the Queen, or of this cause of 
 appeal and complaint of nullity, or of Her Majesty's jurisdiction 
 pending this cause or business of appeal and corapleint of nullity, 
 and so long as the same shall remain undecided before you the most 
 noble and right honourable persons to whom the said cause was 
 and is duly appealed ; and this was, and is true, public, and no- 
 torious ; and the party proponent doth allege and propound as 
 before. 
 
 Seventh. That all and singular the premises were and are true, 
 public, and notorious, and thereof there was and is a public voice, 
 fame, und report, of which legal proof being made, the party pro- 
 ponent prays right and justice to be effectually done and adminis- 
 tered in the premises. 
 J.^ D. Habding. 
 
306 APPENDIX C. 
 
 Exemplification of the Decree of Desertion of Appeal. 
 
 George the ThibDj by the grace of God of the United Kingdom 
 of Great Britain and Ireland King, Defender of Faith. To all and 
 singular persons of whatsoever dignity, degree, state, or pre-eminence 
 hey be, to whom these present letters testimonial shall come, greet- 
 ing. We do by these presents make known and signify unto you 
 that, upon examining the records of our High Court of Appeal for 
 Prizes, faithfully kept by our beloved the Right Honourable CAarfe* 
 George Lord Arden, the principal Registrar of our said Court, we do 
 find a certain interlocutory decree, made and interposed in our afore- 
 said Court, of the tenor, in the words following : — 
 
 Friday, the 25th day of November, in the year of our Lord 1814, 
 at the Council Chamber, Whitehall, 
 
 Present 
 The Right Honourable 
 
 Sir William Grant, Knight, Master of the RoUs, 
 Sir William Scott, Knight, 
 Sir John Nicholl, Knight, 
 
 In the presence of 
 
 James Farquhar, one of the Deputy Registrars. 
 
 " Paul Hamilton," Joseph Betsworth Blunt, master. 
 
 The said Joseph Betsworth Blunt, the claimant of the said' 
 ship and cargo, 
 
 against 
 Bdward Lloyd Graham, Esquire, Commander of His 
 Majesty's ship " Alcmene " the captor. 
 
 Rice exhibited a petition, with a process under seal of the 
 Vice Admiralty Court of the island of Malta, and alleged that a 
 certain cause or business of prize was lately moved and prosecuted 
 in the said Court against the said ship " Paul Hamilton " (whereof 
 Joseph Betsworth Blunt was master), her tackle, apparel, and fur- 
 niture, seized and taken as prize by His Majesty's ship " Alcmene," 
 Edward Lloyd Graham, Esquire, Commander, and carried to the island 
 of Malta ; that on the IQth day of February, 1812, a claim of the 
 said Joseph Betsworth Blunt was given in the said Court for the 
 said ship, as the property of James Sanderson of Alexandria, in the 
 district of Columbia, and of John Taylor of Washington, respec- 
 tively citizens of the United States of America, and also as protected 
 under and by virtue of a certain pass or licence granted by Henry 
 Stamforth Blaskeney, Esquire, His Britannic Majesty's Consul at 
 
APPENDIX C. 307 
 
 Algiers ; that on the 26th day of the said month of February the 
 said cause came on for hearing in the said Vice Admiralty Court, 
 when the Judge was pleased to admit the aforesaid claim^ but di- 
 rected further proof to be made to show that Mr. Blakeney at 
 Algiers was permitted to grant a licence for the vessel to go to Mar- 
 seilles, contrary to His Majesty's Order in Council, the 26th of 
 April; that further proof was accordingly exhibited, and on the 12th 
 day of August, in the year 1812, the cause again came on for hear- 
 ing in the said Court, when the Judge was pleased to pronounce the 
 further proof to be sufficient, and decreed the said ship to be restored 
 to the said claimant on payment of the captor's expenses ,• that an 
 appeal was asserted on the part of the said captor from so much of 
 the said sentence as restored the said ship, but the same has not been 
 prosecuted in this Court, and more than the time allowed by law for 
 prosecuting the same having elapsed ; wherefore the said Rice prayed, 
 and the Lords having heard counsel thereon, pronounced, decreed, 
 and declared the said appeal to be deserted, and gave power to the 
 Judge below to proceed to execute his sentence notwithstanding the 
 appeal, but strictly inhibiting the said Judge from receiving or sus- 
 taining any proceedings in respect to any bond which may have been 
 obtained by the authority of the said Court from the said appellant 
 to prosecute the said appeal, and directed the said Judge to deliver 
 up the said bond (if any) to the said appellant or his sureties, to be 
 cancelled. 
 
 All and singular which premises, as they have been drawn and 
 passed in our aforesaid Court, so we have thought fit that the same 
 should be exemplified unto you ; and we do attest that the same do 
 agree, having been faithfully compared with their originals remaining 
 on record in our Court aforesaid. In witness whereof, we have 
 caused the great seal of our said High Court of Delegates to be 
 hereunto affixed. 
 
 Given at London, in our aforesaid Court, the 1st day of Decem- 
 ber, in the year of our Lord 1814, and of our reign the fifty-fifth. 
 (L. S.) 
 
 Arden, Registrar. 
 
 Decree — reversing the Sentence. 
 
 30th November, 1855. 
 
 On Friday, the thirtieth Aay of Notjember, 1855, 
 
 Before the Right Honourable the Judicial Committee of Her 
 Majesty's most Honourable Privy Council, at the Council 
 Chamber, Whitehall, 
 
 X 2 
 
308 
 
 APPENDIX C. 
 
 Present — 
 The Right Honourable 
 
 Sir John Dodson, Knight, 
 Thomas Pemberton Leigh, 
 Sir Edward Ryan, Knight, 
 Sir John Patteson, Knight, 
 Sir William Henry Maule, Knight. 
 
 In the presence of 
 H. C. Rothery, H. M.'s Registrar. ' ' 
 
 NoRTHCOTE against Douglas and Dyke 1 pi t j 
 (Schooner " Franciska," and Freight) J" ""■ •""'g'"^"*- 
 
 Dyke. 
 
 Deacon prayed that their Lordships would be pleased to report to 
 Her Majesty their opinion in favour of the appeal and complaint 
 made and interposed in this cause, that the decree or sentence ap- 
 pealed from ought to be reversed and the principal cause retained, 
 and therein, that the restitution of the ship or vessel "Franciska" 
 and her freight ought to be pronounced for ; and he further prayed 
 their Lordships to condemn the Honourable George Henry Douglas, 
 the commander of Her Majesty's ship of war " Cruiser," captor of 
 the said ship, in the costs incurred, on behalf of Charles Northcote, 
 his (Deacon's) party, the appellant, as well in this Court as in the 
 Court below. 
 
 Dyke prayed that their Lordships would be pleased to report to 
 Her Majesty their opinion against the said appeal and complaint, that 
 the decree and sentence appealed from ought to Be affirmed, and the 
 cause remitted, with aU its incidents save the costs incurred in this 
 appeal, to the Judge from whom the same was appealed. And he 
 further prayed their Lordships to condemn Deacon's party (the 
 appellant) in such costs. 
 
 The Lords of the Committee having read the proceedings and 
 evidence transmitted from the Court below, and having maturely 
 deliberated, were pleased to agree to report to Her Majesty their 
 opinion in favour of the said appeal and complaint, that the decree 
 or sentence appealed from ought to be reversed, and the principal 
 cause retained, and therein that the said ship or vessel " Franciska " 
 ought to be restored, or the proceeds arising from the sale thereof 
 paid, together with the said freight, to the said Charles Nortlicote, 
 the claimant ; but their Lordships made no order as to costs. 
 
APPENDIX c. 309 
 
 Decree affirming Sentence and remitting Cause. 
 
 30. November, 1855. 
 
 Tottie against Heathcote and Dyke 1 T? T 1 
 
 (Ship " Johanna Maria," and Cargo) J ° 
 
 Rothery. Dyke. 
 
 Rothery prayed that their Lordships would he pleased to report to 
 Her Majesty their opinion in favour of the appeal and complaint 
 made and interposed in this cause, that the decree or sentence ap- 
 pealed from ought to be reversed, and the principal cause retained, 
 and therein that the ship or vessel " Johanna Maria " and her 
 cargo ought to be decreed to be restored, or the value thereof paid 
 to the owner, and that all losses, costs, charges, damages, demurrages, 
 and expenses sustained by the owner of the said ship and cargo, by 
 reason of the capture and detention thereof by Her Majesty's ship 
 of war "Archer," Edmund Heathcote, Esquire, commander, ought to 
 be pronounced, and for the said Edmund Heathcote condemned therein. 
 And he further prayed their Lordships to condemn the said Edmund 
 Heathcote in the costs incurred on behalf of Charles Tottie, his 
 (Rothery's) party, the appellant, as well in this Court as in the 
 Court below. 
 
 Dyke prayed that their Lordships would be pleased to report to 
 Her Majesty their opinion against the said appeal and complaint, 
 that the decree or sentence appealed from ought to be affirmed, and 
 the cause remitted with all its incidents, save the costs incurred in 
 this appeal to the Judge from whom the same was appealed. And 
 he further prayed their Lordships to condemn Rothery's party, the 
 appellant, in such costs. 
 
 The Lords of the Committee having read the proceedings and 
 evidence transmitted from the Court below, and having maturely 
 deliberated, were pleased to agree to report to Her Majesty their 
 opinion against the said appeal and complaint, that the decree or 
 sentence appealed from ought to be affirmed, and the cause remitted, 
 with all its incidents, to the Judge of the Court from which the 
 same was appealed, but their Lordships made no order as to costs. 
 
 Bill of Sale by Marshal of Admiralty. 
 
 Know all men, by these presents, that 1, Evan Jones, Marshal of 
 the High Court of Admiralty of England, in obedience to and by 
 virtue of a decree, to me directed, under the seal of the said Court, 
 bearing date the eighth day of December, 1855, for and in considera- 
 
 X 3 
 
310 
 
 APPENDIX C. 
 
 lion of the sum of eight hundred and sixty pounds of lawful money of 
 Great Britain, to me in hand, at or before the ensealing and delivery 
 of these presents, being the highest sum bid at a public sale, held on 
 the twenty-first day oi^ December, 1855, by D. N., of Wakefield, in 
 the county of Yorkshire, master mariner, well and truly paid, the 
 receipt whereof I do hereby acknowledge and agree to be therewith 
 fully satisfied, have granted, bargained, sold, assigned, and set over ; 
 and, by these pi-esents, do fully, freely, and absolutely grant, bargain, 
 sell, assign, and set over, unto the said D. N., his executors, admi- 
 nistrators, and assigns, sixty-four sixty-fourth parts or shares, being 
 the entirety of the foreign ship or vessel called the " Jeune Nanette," 
 now lying in the St. Katherine Dock, whereof , 
 
 master ; together with all and singular the masts, sails, sail yards, 
 anchors, cables, ropes, cords, guns, gunpowder, ammunition, small 
 arms, tackle, apparel, boats, oars, and appurtenances whatsoever, now 
 on board, or described as belonging to the said ship or vessel, to 
 have and hold the said ship or vessel called the "Jeune Nanette," 
 and all other the above bargained premises, unto the'said D. N., his 
 executors, administrators, and assigns, to his and their own use and 
 uses, and as his and their own proper goods and chattels from hence- 
 forth for ever. And I, the said Evan Jones, Marshal of the said High 
 Court of Admiralty, do hereby covenant, promise, and agree, to and 
 with the said D. N., his executors, administrators, and assigns, in 
 manner following : That is to say, that at the time of ensealing and 
 delivery hereof, I have, in and by the decree aforesaid, good right, 
 full power, and lawful authority to grant, bargain, sell, assign, and 
 set over the said hereby bargained premises unto the said D. N., his 
 executors, administrators, and assigns, in manner and form aforesaid. 
 And that the said hereby bargained premises, and every part thereof, 
 now are, and so from henceforth for ever shall be, remain, and 
 continue unto the said D. N., his executors, administrators, and 
 
 In witness whereof I have hereunto set my hand and seal, the 
 tenth day of January, in the year of our Lord One thousand eight 
 hundred and fifty-six. 
 
 Signed, sealed, and delivered, E. Jones, 
 
 in presence of Marshal of the Admiralty. 
 
 A. B. 
 
 Received, on the day and year above written, of the 
 above-named D. N,, the sum of eight hundred 
 and sixty pounds, being the consideration here- 
 inbefore mentioned. 
 Witness, 
 
 A. B. B. Jones. 
 
INDEX. 
 
 ACT AND INTENTION, 
 
 must be united {Lisette, 6 Rol). 391. n.). 
 
 ACT OF COURT, 
 claim, 29. 138. 
 
 ACTUAL DELICTUM, 82. 
 
 ADHESION 
 
 to appeal (Z)e Klein David, 26th Oct., 1748, p. 179.; L' Industrie, 
 Uth May, 1814.). 
 
 ADVOCATE OF ADMIRALTY, 34. 
 
 AFFIDAVIT, 
 
 claim 284 {Abo, Admiralty Pr. Ca., 43.). 
 of one of crew not examined by captors, 77. 
 destination, 53. 
 identity, claimant, 37. 
 ordered, not brought in, 112. 
 papers— fuller, 79. 
 power to claim, 79. 
 property, 124. 127. 
 
 not evidence, 46. 
 
 only by consent, 124. 
 
 laders, 161. 
 
 „ not admissible {Juno, 2 Rob. 122.). 
 
 ship timber, 42, 43. 
 
 AGENCY, 
 
 Ndtre Dame de DSlivrance, 15th Nov. 1750. 
 
 •x 4 
 
312 INDEX. 
 
 AGENT, 
 
 master not a. for cargo (^Atahnta, 6 Bob. 462.). 
 
 master a, for ship' (Jd. 460.) 
 
 owner responsible for act of a. (JFranUin, 6 Kob. 127.). 
 
 AGREEMENT, 
 
 a. with governor of a colony to sell contraband articles not released 
 from condemnation {Richmond, 5 Bob. 336.). 
 
 ALLEGATION, 
 
 pleading claim, 11. 
 
 ALLY, 
 
 articles of prohibited nature not to be sent to enemy of country in 
 
 alliance (Richmond, 6 Rob. 328.). 
 associated in war, bound to carry it out {Caroline, 6 Rob. 336. ; Nep- 
 
 iunus, 6 Bob. 406.) 
 naval stores sent by an aUy to the common enemy, forfeited (JEleonore 
 
 Wilhelmina, 6 Rob. 333.). 
 provisions, produce of ally, of enemy, on destination to enemy's port 
 
 of naval equipment, condemned (Jonge Margaretha, 1 Rob. 192. 
 
 194.). 
 any relaxation of strict belligerent right must be with consent of both 
 
 {Neptunus, 6 Rob. 406.). 
 trade between ally and common enemy, subjects property to con- 
 demnation (Naycole, 4 Rob. 254.). 
 
 AMBASSADOR, 
 
 conveyance of despatches from an ambassador in a neutral country to 
 his own government, not cause of condemnation, Iviii. {Caroline, 6 
 Bob. 461.). 
 
 AMBIGUOUS, 
 
 as to articles of a. use, the fair criterion is the nature of part to which 
 they are going {Tviende Brodre, 4 Bob. 36.). 
 
 AMERICA, 
 
 treaties entered into by, respecting contraband {Twende Brodre, 4 
 Bob. 33. n. Am. ed.). 
 
 AMSTEBDAM, 
 
 great mercantile port, as well as one of naval equipment {Neptunus, 
 3 Bob. 108.). 
 
 ANCHOBS, xli. 
 
 contraband, 20 {Jonge Margaretha, 1 Bob. 195.). 
 
 ANCIPITIS USUS, 
 
 final use of articles, deduced from their immediate destination, 20 
 {Jonge Margaretha, 1 Bob. 195.). 
 
 APPEAL, 293. 
 
INDEX. 313 
 
 APPRAISEMENT, 2. 
 
 APTA BELLO, per «e, 48. 
 
 ASSORTED ARTICLES {Rosalie and Betty, 2 Rob. 348.; 6 Rob. 86.). 
 
 ATTESTATION, 127. 168. Vide Affidavit. 
 
 B. 
 
 BALKS, xlviii. 153. 
 
 fit for naval purposes, condemned, 155. 
 
 of ordinary usage, restored {Twende Brodre, 4 Rob. 36.). 
 BALLAST, 
 
 excused, 147. 
 
 BAY, 
 
 ports in same bay identified, xix. 32 {Zelder Bust, 6 Rob. 94.). 
 not if separated by headland (/d.). 
 
 BEEF, 
 
 contraband, 90. 
 
 BEER, xxxiv. 
 
 formerly considered as luxury, not contraband {Jonge Margaretlui, 
 
 1 Rob. 190.). 
 small quantity not contraband, 163. 
 but if large quantity, contraband, 175. 
 
 BENDS, 35. 
 
 BIEL BRIEF, 107. 110. 
 
 BILL OF FREEDOM, 87. 
 
 BILL OF LADING, 34. 43. 64. 87. 132. 135. 
 
 colourable, 109. 116, 117. 
 
 no account or risk, 162. 
 
 special covenant ( Venus, 6 Rob. 234.). 
 
 agreement endorsed on not to open packages, not admissible as excuse 
 for ignorance ( Osier Bisoer, 4 Rob. 200.). 
 
 BILL, 
 
 of privilege, 62. 
 of sale, 102. 131. 
 
 BISCUIT, 
 
 contraband, xxxv. 30. {Ranger, 6 Rob. 126.). 
 
 BOIS DE CONSTRUCTION, 
 
 contraband (Maria, 1 Rob. 373.). 
 
 Danish treaty and explanatory acts (Twende Brodre, 4 Rob. 36.). 
 
314 INDEX. 
 
 BONA FIDES, 
 
 necessary to entitle to privilege of pre-emption (Sarah Christina, 1 
 Rob. 241.). 
 
 bona fide ignorance no excuse for master (^Arosembo, 6 Rob. 435.). 
 BOURDEAUX, 
 
 mere mercantile port (Apollo, 4 Rob. 160.). 
 
 BOURBON, ISLE OF, 
 
 posts of naval equipment (United States, Stew. 119). 
 BRANDY, 
 
 condemned, xxxiii. 115. 169. 
 
 BREAK BULK, 153. 
 
 not permitted generally (Washington, 6 Rob. 278.). 
 only allowable in case of necessity (Z'Eole, 6 Rob. 225.). 
 
 BREST, 
 
 port of naval equipment, 74. 108. (Neptunus, 3 Rob. 108. ; Zelden 
 Bust, 6 Rob. 95.). 
 
 BRIMSTONE, 
 condemned, 25. 
 
 BRINGING IN. Vide Captok. 
 as prize, 115. 
 
 cruizer may examine but not detain (Jonge Jacobus, 1 Rob. 242.). 
 and taking depositions justifiable (Zachemann, 5 Rob. 153.). 
 for more deliberate inquiry (Swedish treaty, Maria, 1 Rob. 374.). 
 justifiable cause (Caroline, 6 Rob. 470.). 
 
 BRITISH SUBJECT, 
 
 settled in enemy's country may trade with enemy, but not in contra- 
 band (Neptunus, 6 Rob. 408.). Vide p. 101. 
 BUILDERS' CERTIFICATE, 165. 
 
 BURGHER'S BRIEF, 116. 
 
 without residence of self or family, invalid (Eleonore Wilhelmina, 6 
 Rob. 333.). 
 
 BUTTER, xxxiv. 
 contraband, 100. 
 
 CADIZ, 
 
 port of military and mercantile equipment (Charlotte, 5 Rob. 314.). 
 
 CALENDAR, 
 
 change in, I. 
 CALLAMANCO, 123. 
 CANDLES, 
 
 contraband, 90. 
 
INDEX. 315 
 
 CANNON, 
 
 concealed, 146. 
 
 CANVAS, 
 
 contraband, 71. 
 
 CAPTOR, 
 
 Costs, — cargo protected by treaty, just cause of seizure pronounced 
 for and costs given to captors, just cause of seizure affirmed 
 on appeal, but sentence as to costs reversed, each party to 
 pay their own, 98. 
 just cause, captor's costs refused, 129. 
 
 want of pass under Swedish Treaty justifies bringing in, captor's 
 costs given, 89. 
 Expenses, — expense of taking depositions allowed (Christina Maria, 
 4 Rob. 166.; Zacheman, 5 Rob. 153.). 
 cargo protected by treaty, just cause of seizure pronounced 
 
 for, expenses given to captor, 133. ; but see p. 98. 
 portion of cargo condemned as contraband, just cause of 
 
 seizure, captor's expenses given, 74. 
 character of article doubtful, justify bringing in, captor's 
 expenses given (Jonge Hermanns, 4 Rob. 95. n. ; Chris- 
 tina Maria, 4 Rob. 166.). 
 pre-emption, captor's expenses generally paid by govern- 
 ment ( Twende Brodre, 4 Rob. 38. ). 
 but under circumstances claimant condemned to pay them 
 
 {Id.). 
 suspicions of contraband justify seizure, captor's expenses, 
 153. 
 
 CARGO, 
 
 condemned, 90. 
 
 effect on ship, 47. 49. (but see Ringende Jacob, 1 Rob. 
 90. ; Friendship, 6 Rob. 425. 
 discharge of, relieves from penalty (Immanuel, 2 Rob. 195 ). 
 effect on character of ship {Friendship, 6 Rob. 425. ; Vrow Elizabeth, 
 
 5 Rob. 4.). 
 false paper entails condemnation of contraband cargo and ship, 104. 
 master not agent for {Imina, 6 Rob. 170. ; Caroline, 6 Rob. 462. n.). 
 part contraband taints ship and other parts if they belong to the 
 
 same owner {Jonge Jacobus, 1 Rob. 242. j Neptunus, 6 Rob. 409. ; 
 
 Hoop, 1 Rob. 196. 
 
 CAVALRY, 
 
 vessel fitted for conveying cavalry condemned (FWenrfsAtp, 6 Rob. 421.). 
 
 CERTIFICATE. Vide Affidavit. 
 build of ship, 34. 63. 
 cheese (Jonga Margaretha, 1 Rob. 192.). 
 
316 INDEX. 
 
 CERTIFICATE —conftBKcrf. 
 
 copper (^Charlotte, 5 Rob. 276.). 
 dimensions of ship, 52. 
 goods, 131. 
 false, obtained on false oath. 
 
 effect on return voyage, and character of witness (^Margarelha 
 Magdalene, 2 Rob. 140.). 
 hemp (Gate Gesellschaft, 4 Rob. 95.). 
 magistrates {Maria, 1 Rob. 371.). 
 irregularity in granting (^Endraugth, 1 Rob. 25.). 
 property of ship, 51. 111. 165. 178. 188. 
 sale of cargo, 57. 
 timber (Endraugth, 1 Rob. 25. ; Twende Brodre, 4 Rob. 33.). 
 
 CHARTER PARTY, 64. 135. 142. 
 
 CHEESE, XXXV. 
 
 164. (Fran Margareika, 1 Rob. 192.). 
 
 according to destination,.if to naval port, condemned (Jonge Margaretha, 
 
 1 Rob. 195. ; Zelden Rust, 6 Rob. 94.). 
 if mercantile, restored {Fran MargareAa, 6 Rob. 92.). 
 
 CIRCUMSTANCES, 
 
 destination, use (Jonge Margaretha, 1 Rob. 195.). 
 
 growth, produce (/d. 193.), 
 
 port, mercantile or military (/rf. 195.). 
 
 state, native or manufactured (/</.). 
 
 wants of enemy (/J.). 
 
 CIVILIANS, passengers, Ixi. 
 
 CLAIM, 
 
 affidavit, 30. 42. 130. 165. 189. 284. 
 
 not extending to whole, 116. 
 allegation, pleading claim, 11. 
 exceeding prayer, 116. 
 
 neglect, subsequent admissibility on appeal, 32. 
 for cargo by agent, 37. 
 for ship, includes stores, &c., 111. 
 for ship and cargo by master, 116. 
 power to make, 79. 
 property in same claim with contraband, condemned {Oster Risoer, 
 
 4 Rob. 200.). 
 by whom. 
 
 agent, 26. 37. 287. 
 
 agent for master, 106. 
 
 master, 19. 28. 284. 
 
 owner, 280. 286. 
 
 shipper, 104. 
 want of, 32. 
 
INDEX. 31Y 
 
 CLAPBOARD, 95. 
 
 CLEARANCE, 34. 51. 55. 64. 104. 132. 138. 
 
 CLEARING NOTE, 52. 
 
 CLOVES, 
 
 not contraband, 123. 
 COALS, Uii. 
 
 ancipitis usus, 100. 
 COCQUET, 152, 158. 185. 
 COD, xxxvi. 90. 
 COLOURABLE, 90. 93. 109. 145. 
 
 COMMEATUS, 
 
 119. 190 (Haabet, 2 Rob 182.). 
 COMMISSION, 
 
 to unlade and inspect, 181. 186. 
 
 •waited, 44. 
 
 COMMISSIONERS 
 
 of prize, report as to contraband, 71. 
 
 COMPROMISE, 
 
 agreement on part of governor of a colony to purchase cargo is not 
 a compromise (JRichmond, 5 Rob. 336.). 
 COMPULSION, 
 
 not admissible as excuse (^Orozembo, 6 Rob. 435. ; Seyerstadt, 1 Dod. 
 242.). 
 
 CONCEALMENT, 
 
 185, 186 (jRichmond, 6 Rob. 328.). 
 cannon, 145. 
 
 CONDEMNATION, 
 
 generally as prize, 45. 
 
 destroying papers, ground of, 118. (But see Madonna del Bursa, 
 4 Rob. 183.). 
 
 false papers, 104. 118. 
 CONDITION, xxvii. 
 CONDITIONAL, 
 
 directions as to destination, act on point of being carried out, no con- 
 fiscation, 137 (_Twende Brodre, 4 Rob. 38.). 
 CONSIGNMENT, 
 
 to enemy, transfer perfect, 46. 
 
 CONTRABAND, 39. 198., apta bello, 46. 
 declaration of crown, 40. 108. 
 definition, xvii. 
 active, xviii. 
 passive (/</•). 
 
318 INDEX. 
 
 CONTR AB A ND — continued. 
 
 instruction to privateers, 49. 108. 
 
 list of articles, xxxii. 
 
 nature of articles, 198. 
 
 notification, Ixvii. 
 
 practice of Admiralty Court (Atalanta, 6 Rob. 459.). 
 
 search for, 2. 
 
 taint, 67. 74. 108. 
 
 treaty, Ixi. 
 
 what, xxii. 
 
 CONVERSATION, 
 of master, 27. 31. 
 
 COPIES, 
 
 of papers, 87. 
 admission of, 174. 
 
 COPPER, xliii. 
 
 ancipitis usus, contraband (^President, 5 Rob. 277.). 
 
 certificate on inspection (/d. 275.). 
 
 description {Express, Stew. 294.; Euphemia, id. 566.). 
 
 sheathing {President, 5 Rob. 276, 277.). 
 
 report on {Euphemia, Stew. 569.). 
 
 CORDAGE, xlii. 
 
 contraband {Jonge Margaretha, 1 Rob. 195. ; Aramintha, Stew. 47.). 
 
 CORDILLA, xlii. 
 hemp, 85. 
 
 CORN, xxxvii. 
 
 subject to pre-emption {Haabet, 2 Rob. 175. 182.). 
 allowance of 10 per cent on invoice price {Lucy, 2 Rob. 209.). 
 expenses generally allowed, unless where proof of property defective 
 {Minerva, 2 Bob. 303.). 
 
 CORUNNA, 
 
 place of naval and military equipment, identified with Ferrol {Zelden 
 Rust, 6 Rob. 95.). 
 
 COSTS, 
 
 captors' property restored, just cause of seizure, captors' costs allowed, 
 
 137 {Goede Hoop, Edw.336.). 
 just cause of seizure, but captors' costs refused, 129. Vide Madonna del 
 Bursa, 4 Rob. 183. 
 
 COSTS AND DAMAGES, 18. 
 
 incident to sentence of restitution, when no probable cause of seizure 
 {Barossa, 1 Hag. 75. n.). 
 COURT, 
 
 principles as to contraband {Atalanta, 6 Rob. 459.). 
 
INDEX. 319 
 
 COVERING enemy's property, 128 
 CKOWN, 
 
 declaration as to contraband, 40. 
 
 instruction, 25. 
 
 notitication, 36. 
 
 CUSTOMS, 
 
 officers, effect of clearance by, 154 
 
 D. 
 
 DAMAGE, 
 
 allegation, 14. 
 
 claims for, 15. 
 
 consequential {Haabet, 2 Rob. 183.). 
 
 incident to prize, 18. 
 
 particulars, 19. 
 
 DANTZICK, 33. 39. 
 
 allowed to export produce of neighbouring country, 39 {Neufralitet, 3 
 Rob. 296.; ApoUo, 4 Rob. 164. «.). 
 
 DEALS, xlix. 105. 109. 145. 147. 
 
 contraband, 107. 
 
 not so, 133 {Twende Brodre, 4 Rob. 33.). 
 DECLARATION 
 
 of sovereign as to contraband, 40. 108. 
 
 DECREE, 
 
 interlocutory, 66. 111. 
 DEFENCE, 
 
 exception in favour of what necessary for defence of ship {Charlotte, 
 5 Rob. 306.). 
 
 DELICTUM, 
 
 must be actual — uniting act and intention, 82 {Imina, 3 Rob. 167.; 
 
 Lisette, 6 Rob. 391.). 
 removed- on change of intention {Maria, 1 Rob. 174.). 
 on change in nature of part {Lisette, 6 Rob. 391. ; Atalania, id. 457.). 
 not extend to return voyage {United States, Stew. 117.). 
 unless false papers {Aramintha, Stew. 47.; Success, id. 79. But see 
 Vreyheit appeal, April 30. 1752.). 
 
 DELIVERY, 
 
 to claimers on bail, 149. 
 DEMURRAGE, 
 
 allowed against Government, when purchase abandoned and delay 
 {Zacheman, 5 Rob. 154.). 
 
320 INDEX. 
 
 DESCRIPTION, 
 
 " neutral property " {Apollo, 4 Rob. 158.). 
 
 DESPATCHES, liv. {Atalanta, 7 Kob. 456.). 
 
 general principles {Henri/, Stew. 494.). 
 
 ■what {Caroline, 6 Bob. 465.; Rapid, Edw. 230.)- 
 
 nature {Madisa, Edw. 225, 226.). 
 
 commercial only {Atalanta, 6 Kob. 456.). 
 
 newspaper extract, Stew. 494. 
 
 receipt for {Atalanta, 6 Rob. 457.). 
 
 from enemy's colony to mother country, condemnation {Atalanta, 6 
 Rob. 440. ; Caroline, 6 Rob. 465.). 
 
 from enemy's port to his consul in neutral country, no ground of con- 
 demnation {Madisa, Edw. 224.). 
 
 from agent of enemy to neutral port, to be forwarded to enemy's 
 country, excused under the circumstance {Rapid, Edw. 228.). ' 
 
 from enemy's minister in neutral country to his government, no ground 
 of condemnation {Caroline, 6 Rob. 465.). 
 
 carrying despatches no protection to ship otherwise illegally employed 
 {JDruninumd, 1 Dod. 102.). 
 
 DESTINATION, xix. 
 
 consideration of, xxxi. {Jonge Margaretha, 1 Rob. 195. ; Twende 
 
 Brodre, 4 Bob. 36.). 
 port of naval, military equipment, 74 {Endraught, 1 Rob. 2.5. ; Magnus, 
 
 1 Rob. 31. ; Jonge Margaretha, 1 Rob. 192.-; Twende Brodre, 4 
 commercial {Jonge Margaretha, 1 Rob. 195.). 
 enemy and neutral port in same bay, 32. 
 change, xix. xxi. 
 
 concealment, reason {Sarah Christina, 1 Rob. 241.) 
 course, proof of, 86. 102. 
 alternative {Coneadic, 1 Rob. 120.). 
 discretionary, xx. 49. 55. 136. 
 dissembled enemy's port, 101 {Imina, 3 Rob. 168.). 
 false, 101 {Nancy, 3 Rob. 125.; Concordia, 1 Rob. 119.). 
 false, condemnation {Helen, 3 Rob. 224. ; Jonge Jacobits, 1 Rob. 242. ; 
 
 Franklin, 3 Rob. 217. ; Edward, 4 Rob. 68.). 
 return voyagej effect on, condemnation {Christiansberg, 6 Rob. 
 
 382. ».). 
 but not if intermediate voyage, {Id. ; see also Delictum). 
 further proof refused if false {Caroline, 3 Rob. 77.). 
 log book {Edward, 4 Rob. 68.). 
 master's evidence, importance of {Id.). 
 neutral, 89 {Imina, 3 Rob. 168. ; Sarah Christina, 1 Rob. 239. ; 
 
 Jonge Jacobus, 1 Rob. 243.). 
 several, xxi. 
 there to be sold to enemy, 5. 
 
INDEX. 321 
 
 DESTINATION— confeued. 
 presumption, 104. 
 
 against, 86. 149 (Sarah Christina, 1 Rob. 238, 239.). 
 pretended, id. 
 
 Trinity masters' opinion taken (Edward, 4 Rob. 68.). 
 ulterior no excase (Lisette, 6 Rob. 391.).^ 
 
 DESTROYING PAPERS, 
 
 ground of condemnation, 118 (but see Madonna del Bursa, 4 Rob. 
 183.). 
 
 DETENTION, 
 
 government condemned in demurrage, on abandonment of pre-emption 
 (Zacheman, 5 Rob. 152.). 
 
 DEVIATION, 
 
 in voyage, not easily admissible (Sarah Christina, 1 Rob. 241.). 
 
 DISCHARGE, 
 
 of contraband, relieves from condemnation (Immanuel, 2 Rob. 195.). 
 
 DISCLOSURE, 
 
 as to despatches, &c., ought to be made to captors (Atahnta, 6 Rob. 
 446. ; Caroline^ 6 Rob. 461. n.). 
 
 DULLAGE, 109. 
 
 DUNNAGE, 
 
 (Friendship, 6 Rob. 422.) 
 
 DUTCH SHIP, 1. 
 
 E. 
 
 EAST INDIES, 
 
 voyage there and back considered as one (Nancy, 3 Rob. 126.) 
 
 EFFECT, 
 
 of contraband on property of same owner, condemnation, 74. 
 
 on that of different, no condemnation (Frederick Molka, 1 Rob. 86.; 
 
 Oster Misoer, 4 Rob. 199.). 
 on ship (Ringende Jacob, 1 Rob. 90. ; Franklin, 3 Rob. 221.). 
 
 ENEMY, 
 
 port, going to (Jonge Jacobus, I Rob. 242.). 
 
 from port to port of, 141. 
 
 equipage, 40. 155. 
 
 contraband, 108. 
 
 ET SPECIALITBR, 197. 
 
 EVIDENCE, 
 
 (Henrick Marie, 4 Rob. 67.). 
 objection to, SI. 
 
 T 
 
322 INDEX. 
 
 EXAMINATION and papers, brought in not on oath, 1 66. 
 
 mate of prize not examined by captors, affidaritj 77. 
 EX OFFICIO, 
 
 court proceed, 173. 
 
 EXCEPTION, 191. 
 
 in treaty (^Trends Brodre, 4 Rob. 86.). 
 
 effect, not to render articles at other times contraband (Ringende Jaceb, 
 I Bob. 92.). 
 
 EXPENSES, 
 
 captors' ( Vrow Henrica, 4 Hob. 344.). 
 
 expenses given when master permitted to go to enemy's port, 
 
 Trende Brodre, 4 Kob. 38.). 
 alteration in destination {Imina, 3 Rob. 170.). 
 article doubtful (Gute Gesellschaft, 4 Rob. 95.). 
 despatches, though in ignorance {Rapid, Edw. 231.). 
 further ^voot {Christina Maria, 4 Rob. 166.). 
 just cause, to prevent falling into enemies' hands (Principe, Edw. 70,). 
 just cause, 149. 153. 160. 
 
 just cause pronounced, but expenses refused on appeal, 129. 177. 
 paid out of cargo condemned, 163. 
 
 captors' expenses given, pre-emption allo-wed by government ( Christina 
 Maria, 4 Rob. 166.; Jrnige Jan, 1 Dod. 
 455.). 
 good ground of suspicion, 153. 
 law expenses ( Vrow Henrica, 4 Rob. 349.). 
 taking depositions {Christina Maria, 4 Rob. 
 
 166.). 
 claimant condemned in expenses {Twende 
 
 Brodre, 4 Rob. 38.; Ranger, 6 Rob. 126.). 
 freight, preference {Vrow Henrica, 4 Rob. 
 
 347.). 
 freight and expenses usually refused {Jtmgif 
 Jacobus, 1 Rob. 242.). 
 
 FALSE, 120. V. colourable. 
 
 destination, or papers condemnation of ship {NeulraUtel, 3 Bob. 296. ; 
 Franklin, 6 Rob. 127.). 
 affect return voyage {Aramintha, Stew. 47., Success, id. 79. 
 but see Delictum. 
 bills of lading, 92. 120. 122. 
 
 FERROL, 
 
 identified with Corunna {Zelden Rust, 6 Rob. 95.). 
 
INDEX. 323 
 
 FIR, xlvi. 
 
 balks {Twende Brodre, 4 Rob. 33.). 
 
 deals, 33. 
 
 planks not contraband {Twende Brodre, 4 Rob. 38.). 
 
 except in Danish Treaty (JEndraught, 1 Rob. 22.). 
 
 timber {Tivende Brodre, 4 Rob. 33.). 
 FISH, 
 
 salted (Jonge Margaretta, 1 Bob. 193.). 
 FLAX, 
 
 not contraband, 123. 
 FLOUR, xxxTii. 
 
 contraband (Ranger, 6 Rob. 126.). 
 FOOD, 
 
 articles of, contraband (Jonge Margaretta, 1 Rob. 193.). 
 FOREIGN, 
 
 law, pleaded, 159. 
 
 explanation admitted, 160. 
 FORFEITURE, 
 
 of ship, formerly, 83. (Mercvrius, 1 Rob. 288.). 
 
 now only of freight, and expenses, id. ; Emanuel, id. 297. ; Neutralitet^ 
 3 Rob. 297.). 
 FREE SHIP, 91. 
 
 FREIGHT, 
 
 allowed, contraband small (Neptunus, 3 Rob. 108.). 
 
 part contraband, freight allowed on remainder (Oater Risoer, 4 Rob, 
 
 201 ). 
 refused, 100. 109. 129. 135. 144. 147. 155. 
 ignorance no excuse (_Oster Risoer, 4 Rob. 201. ; Jonge Jacobus, 1 
 
 Rob. 242. ; Mercurius, id. 288. ; Emanuel, id. 297. ; Franklin, 3 
 
 Kob. 218. ; Neutralitet, 3 Rob. 297.). 
 
 GAZETTE, 
 
 only authority admitted (Immanuel, 2 Rob. 195.). 
 
 GENERAL SHIP, 150. 
 GOVERNMENT, 
 
 condemned in demurrage {Sisters, 5 Rob. 154.). 
 
 GOVERNMENT OFFICERS, 
 
 consideration with respect to costs (JDer Mohr, 4 Rob. 317. ; Luna, 
 Edw. 191. ; Goede Hoop, Edw. 336. ; San Juan, 1 Hag. 270. ; 
 
 Acteon, 2 Dod. 54.). 
 
 Y 2 
 
324 INDEX. 
 
 GRAPLING, 
 
 anchors, 157. 
 
 GROWTH, 49. 108. 137. 155. 195. 
 
 favourable consideration (Jonge Margaretta, 1 Rob. 193. ; Franklin, 
 
 3 Rob. 219.). 
 neighbouring parts (J^eutralitet, 3 Rob. 297.). 
 Vide Dantzic. 
 Vide Hanse To^ns. 
 
 GUNS, 
 
 concealed, 25. 
 
 GUNPOWDER, 25. 185 {Neptimus, 6 Rob. 406.; Happy Couple, 
 Stew. 65.). 
 not contraband if for ship's use, 146. 185. 
 
 H. 
 
 HANSE TOWNS, 
 
 produce of neighbouring country privileged (4 Rob. 355 ). 
 
 HELIGOLAND (1 Dod. Ap. A.). 
 
 HEMP, xlii. 109. 111. 114. (Euphemia, Stew. 567.). 
 
 before 1656 doubtful, afterwards contraband (_Maria, 1 Rob. 372. ; 
 
 Jonge Margaretta, 1 Rob. 195.). 
 only by instructions, 114. 
 contraband (Floreat Commercium, 3 Rob. 178. ; Franklin, 3 Rob. 220. ; 
 
 Venus, 4 Rob. 355.). 
 
 by Danish Treaty {Ringende Jacob, 1 Rob. 90.). 
 cordUla, 
 
 not contraband X^Gute GeseUschaft, 4 Rob. 95.). 
 pass hemp (4 Rob. 354.). 
 torse (^Gute GeseUschaft, 4 Rob. 95.). 
 bringing in, justified {Id. 95. ». ). 
 
 HERRINGS, 
 
 contraband, 170. {Jonge Margaretta, 1 Kob. 193.). 
 
 IDENTITY, 
 of claimant, 
 affidavit, 37. 
 
 IGNORANCE, 
 
 of master not admissible as excuse (Osfer Sisoer, 4 Rob. 200. ; Hiek- 
 mond, 5 Bob. 333. ; Orozembo, 6 Rob. 432. 435. 437. 
 
INDEX. 325 
 
 IMPOSITION, 
 
 operates as force {Orozemho, 6 Rob. 435.). 
 INNOCENT, 
 
 articles tainted, if property of same owner, 67. 108. 170. 
 INSPECTION, 
 commission 
 
 decreed, 44. 181. 
 
 waived, id. 
 
 proceeding on, 182. 
 
 report on (Eleonota, 6 Rob. 331./ 
 
 INSTRUCTIONS, 9. 97. 107. 128. 197. 
 articles of treaty, introduced in, 198. 
 justify seizure, 49. 61. 
 notification presumed, 108. 49. 
 1693, 1704, 39. 
 1706, 196. 205. 
 1744 (^Charlotte, 5 Eob. 309). 
 1793 {immamtel, 2 Rob. 193.). 
 privateers bound to obey, 67. 
 
 INSTRUMENTS, 
 
 contraband, according to circumstances (1 Rob. 195.;. 
 INTENTION, 
 
 as to stores (^Richmond, 5 Rob. 335.). 
 
 as to voyage (/rf. 336.). 
 
 intention and act must be united to constitute delictum (Imina, 3 Eob. 
 169.). 
 INTERLOCUTORY, 67. 
 
 Vide Deceee. 
 
 INTERPOSITION, 
 
 in war, effect {Atahnta, 6 Rob. 460.). 
 
 INTERROGATORIES, 
 
 additional, 5. {Friendship, 6 Eob. 422.). 
 
 „ recommended {Nancy, 3 Rob. 127.). 
 
 as to nature of cargo, 34. 68. 
 private, inadmissible, 16. 27. 
 second set, 68. 
 
 INVALIDS, 
 
 conveyance of, when allowable {Friendship, 6 Rob. 428.). 
 
 INVOICE, 120. 
 
 IRON, xliv. 
 
 contraband, 67. 
 
 article of promiscuous use {Ringende Jacob, 1 Rob. 92. ; United States, 
 Stew. 118.). 
 
 V 3 
 
326 INDEX. 
 
 IRON — continued. 
 
 favourably considered (Jonge Margaretta, 1 Rob. 195). 
 
 in bars, 124. QRingende Jacob, 1 Rob. 92. ; United States, Steiir. 118. > 
 
 Active, id. 580.). 
 un-wrought, may be contraband (JRingende Jacob, 1 Rob. 92.). 
 excepted in Danish Treaty (JEndraught, 1 Rob. 22. ). 
 manufactured, not so favourably considered {Jonge Margaretta, 1 Rob» 
 195.). 
 
 J. 
 JOURNAL, 
 none, 101. 
 false, 148. 
 
 JURISDICTION, 
 
 rebels, 79. 
 
 JUST CAUSE, 56. 
 
 part cargo condemned, 32. 
 
 costs refused, 98. 129. 
 
 costs given (Asia Grande, Edw. 47.). 
 
 destination uncertain, 137. 149 {Twende Brodre, 4 Rob. 38.). 
 
 changed {Imina, 3 Rob. 168.). 
 doubts, 40. 73. 153, 
 farther proof, 160. 
 no pass, 90. 
 
 part condemned, 74. 187. 
 
 part condemned and taken in part of expenses, 1 63. 
 property small, 166. 
 
 costs given, restitution under treaty, 133. 
 reversed on appeal, each party to pay OTra costs, 179. 
 
 K. 
 
 KNOWLEDGE, 
 
 of owner of ship, penalty dependent on {Atalanta, 6 Rob. 459.). 
 Vide Ignoeanob. 
 
 L. 
 LAST, 62. 
 
 LEAD, 
 
 contraband, 37. 71. 129. 
 
 milled, 125. 
 
 pigs, 71. 
 
 shot, 186. 
 
 under treaty, 186. 
 
INDEX. 327 
 
 LENDING, 
 
 ship, 119 (^Ringende Jacob, I Rob. 90.), 
 
 LET PASS, 87. 
 
 LETTERS, Ivi. 80. 143. 
 of attorney, 132. 
 
 LOG BOOK (Christiansberg, 6 RoT). 880.). 
 
 M. 
 
 MAGISTRATES, 
 
 certificate as to contraband, 136. 
 
 MALA FIDES, 114 (Bingende Jacob, 1 Rob. 92.). 
 
 concealment of letters, or deviation from truth in formal papers not 
 
 necessarily {Anna Catherine, 4 Rob, 108.). 
 not to be presumed, 56. 
 
 dissembling quantity {Richmond, 5 Rob. 338.). 
 farther proof forfeited {Nancy, 3 Rob. 127.). 
 owners of ship, 112. 
 
 MANIFEST, 126. 131. 
 
 MASTS, 40 {Imina, 3 Rob. 167.). 
 
 contraband {Charlotte, 5 Rob. 314.). 
 boat {Eleonora Wilhelmina, 6 Rob. 331.). 
 hand-masts (_Id. ; Twende Srodre, 4 Rob. 34.). 
 restored {Neutralitet, 3 Rob. 296.). 
 
 MASTER, 
 
 agent for ship {Atalanta, 6 Rob. 460. i Franklin, 6 Rob. 126.). 
 
 not for cargo {Imina, 3 Rob. 170.). 
 cargo, 
 
 bound in time of -war to know contents {Oster Risoer, 4 Rob. 
 200.). 
 disclosure, 
 
 bound to make {Caroline, 6 Rob. 461.). 
 evidence, 
 
 difference in, taken at diffierent times, 181. 
 preferred ( Vrow Elizabeth, 5 Rob. 4. ). 
 
 not under circumstances {Susa, 5 Rob. 260. ; ba 
 see Franklin, 6 Rob. 423.). 
 ignorance (6 Rob. 427.). 
 
 not admissible as to receipt of papers {Orozembo, 6 Rob. 
 435. ; Edw. 229.). 
 oath, evidence of property, 121 (but see 6 Rob. 423.). 
 part owner, misconduct, 117. 122. {Caroline, 6 Rob. 461. ; Richmond, 
 5 Rob. 338.). 
 
 T 4 
 
328' INDEX. 
 
 MASTER — continued. 
 
 private adventure, if not ingenuous disclosure, left to captors (Omembo 
 6 Rob. 429 ). 
 
 refused, false papers {Christianherg, 6 Rob. 381.). 
 refusal, 
 
 to deliver papers, 181. 
 to sign depositions, 181. 
 to speak to belief, 107. 
 
 to tell the name of lader (^Banger, 6 Rob. 126.). 
 representations (Friendship, 6 Rob. 423.). 
 
 " ship and master of country " {Eleonora Wilhelmina, 6 Rob. 334.). 
 ship, effect on, 49. 82. 
 suppression {Friendship, 6 Rob. 427.). 
 MEAL, xxxvii. 
 MERCHANDIZE, 186. 
 METALS, xliii. (Euphemia, Stew. 565.). 
 MILITARY PASSENGERS, Ix. 
 MONITION, 
 
 to proceed, 105. 
 MOORISH WITNESS {Annemur, 3 Rob. 74.). 
 MOTION, 
 
 for opening papers, &c., 9. 
 MUNICIPAL LAW, 153. 156 (Fortune, 1 Dod. 83, 84.). 
 MUSKET SHOT, 
 
 genus, including all species of shot, 186. 
 
 N. 
 NATIVE, 
 
 commodity favourably considered (Jonge Margaretta, 1 Rob. 194. ; 
 Franklin, 3 Rob. 220.). 
 NAVAL, 
 
 stores 48. 64. 97. (Neptunus, 6 Rob. 408.). 
 excepted by treaty, 39. 
 NAVIGATION, 
 
 treaty relating to (Apollo, 4 Rob. 161.). 
 
 navigation and commerce (Apollo, 4 Rob. 161. } 
 Charlotte, 5 Rob. 306.). 
 NECESSITY (Immanuel, 2 Rob. 204. ; Adam, Edw. 306. ; Curlew, Stew. 
 322.). 
 moral (Fanny, Stew. 555.). 
 want of water (Sarah Christina, 1 Rob. 239.), 
 NEIGHBOURHOOD, 
 
 produce of, favourably considered (Ocean, 3 Rob. 297.). 
 as to Dantzic (Apollo, 4 Rob. 164.). 
 Hanse Towns (Evert, 4 Rob, 355.). 
 
INDEX. 329 
 
 NEUTRAL, 
 
 carrying despatches of enemy, illegal (^Caroline, 6 Rob. 464.). 
 
 not, if from ambassador in neu- 
 tral country (Id.). 
 duty to aid neither belligerent, 108. {Atalanta, 6 Rob. 460.). 
 interposition in ■war (Jd.). 
 
 letting out ship as transport, illegal (Friendship, 6 Rob. 428.). 
 right (Stew. Ap. XXL). 
 
 ships (Apollo, 4 Kob. 161. ; Charlotte, 5 Rob. 306.). 
 trade (Immanuel, 2 Rob. 198. ; Friendship, 6 Rob. 428. ; Fortuna, 1 
 Dod. 83, 84.). 
 
 NEWSPAPER, 
 
 extract (Henry, Stew. 494. ). 
 NITRE (Neptunus, 6 Rob. 406.). 
 
 NOTIFICATION, 108. 153. 177. 195. 198 (Twee Juffrowen, 4 Rob. 
 243.). 
 
 manner (Elsebe, 5 Rob. 178.). 
 
 orders in council (Fox, Edw. 312.). 
 
 O. 
 
 OAK, 
 
 planks, 33. li. 
 
 timber (Ringende Jacob, 1 Rob. 92. a.). 
 
 OB CONTINENTIAM DELICTI (Atalanta, 6 Rob. 460.). 
 
 OFFER, 
 
 on part of captors entered on minutes, 159. 
 
 OIL, xxxviii. 
 
 contraband (Jcmge Margaretta, 1 Rob. 192 ). 
 
 ONE, 
 
 article of contraband affects all property of the same owner (President, 
 
 5 Rob. 277.). 
 ORDER IN COUNCIL, 118. 128. n. 193 (Boeder Lust, 5 Rob. 246. ; 
 
 Courier, Edw. 249. ; Fox, Edw. 313.). 
 ORDER OF COMMISSIONERS of prize, 193- 
 
 OWNER, 
 
 master, agent for owner of ship, not of cargo, 82 (Imina, 3 Rob. 
 
 170.). 
 
 part owner, condemnation, 119. 122. 
 privity (Orozembo, 6 Rob. 435. ; Atalanta, 6 Rob. 459. ; Ocean, 3 
 
 Rob. 297.). 
 affidavit as to privity ordered to be brought in, but not produced, 112. 
 not privy, exonerated, 115. 
 same, all property condemned, 74 (President, 5 Rob. 277.). 
 
330 INDEX. 
 
 OWNER — continued. 
 
 different, inaocent articles restored (Oster Risoer, 4 Bob. 199.). 
 cargo and ship, same, both condemned {Neutralitet, 3 Bob. 296. j 
 
 Staadt Embden, 1 Bob. 31. n. ; Jonge Margaretta, 1 Rob. 196. V 
 ship restored under circumstances {Id. ; Neptmms, 6 Rob. 409.). 
 „ condemned for carrying despatches, cargo belonging to same 
 owner restored {Caroline, 6 Rob. 462.). 
 part of ship condemned property of owner, if contraband, but which 
 ; was not claimed {Jonge Tobias, 1 Rob. 329.). 
 
 P. 
 
 PACKET, 
 
 despatches {Atalanta, 6 Rob. 446.). 
 
 PAINT, 123. 
 
 PAPERS, 50. 151. 
 
 abstract, 10. 
 
 affidavit, none, 106. 
 
 concealment, 9 {Atalanta, 6 Bob, 444. ; Friendship, 6 Bob. 427.). 
 
 destroying, 10. 
 
 enumerated {Nancy, 3 Rob. 122.). 
 
 false, 118. 
 
 loss, supplied, 174. 
 
 opened, 7. 
 
 search for {Atalanta, 6 Rob. 442.). 
 
 to send on board for, belligerent right {Marie, 1 Rob. 371.). 
 PART-OWNER, 
 
 Vide Master. 
 
 Vide Owner. 
 
 generally bound by the character of the ship ( Vrow Elizabeth, 5 Rob. 
 16. ; Industrie, Adm. Pr. Cases, 54.). 
 
 exception under order in council {Id. 7.). 
 
 share condemned, owner of tmolaimed contraband {Jonge Tobias, 1 
 Rob. 331.). 
 
 PASS, 34. 120. 126. 138. 166. 
 
 left at Elsineur, 110. 
 
 not on board according to treaty, 119. 
 
 not on board according to treaty justify seizure (88. 119. 198. ; Stock- 
 holm, Stew. 379. 544. 
 
 Swedish Treaty, 54. 59. 197. 205. 
 PASSPORT, 59. 69. 139. 
 
 want of, 58. 62. 193 196. 
 
INDEX. 331 
 
 PASSENGERS, lix {Madison, Edw. 225. ; Brummond, I Dod. 104.). 
 
 civilian (Orozembo, 6 Bob. 433.). 
 
 invalid soldiers, &c. (^Friendship, 6 Rob. 428. ; Rose in Bloom, I Dod. 
 58.). 
 
 military {Friendship, 6 Rob. 428. ; Orozembo, 6 Rob. 433. 7.). 
 
 number immaterial {Orozembo, 6 Rob. 433. 7.). 
 
 conveyance, entails, forfeiture of ship (Friendship, 6 Rob. 428. ; Oro- 
 zembo, id, 435. ; Drummond, 1 Dod. 105.). 
 
 as to effect on cargo, vide Caroline, 6 Rob. 462. 
 PASS-HEMP, 4 Rob. 354. xliii. 
 PENALTY, Ixix. 
 
 anciently condemnation of ship and cargo (Ringende Jacob, 1 Rob. 
 90. ; Jonge Tobias, I Rob. 329.; Mercurius, 1 Rob. 288. n. ; Franklin, 
 3 Rob..221. n.; Neutralitet, 3 Rob. 296.). 
 
 relaxation in fair cases (Franklin, 3 Rob. 222, 223.). 
 
 but not when false papers or destination (Ringende Jacob, 1 Bob. 91. ; 
 Neutralitet, 3 Rob. 296.). 
 
 in favour of native produce (Sarah Christina, 1 Rob. 241. ; Franklin, 
 3 Bob. 222, 223.). 
 
 vrhere property belongs to different owners, only contraband con- 
 demned (Staadt Embden, 1 Bob. 31. ; Oster Risoer, 4 Rob. 200.). 
 
 same owner, cargo and ship condemned (Ringende Jacob, 1 Bob. 91.; 
 Jonge Margaretta, 1 Bob. 196.; Sarah Christina, 1 Rob. 242.; 
 Floreat Commercium, 3 Bob. 178. ; Neutralitet, 3 Rob. 296.; Rich- 
 mond, 5 Bob. 328. ; Eleonora Wilhelmina, 6 Bob. 334.). 
 
 ship restored under circtunstances (Sarah Christina, 1 Bob. 242.). 
 
 cargo and part of ship (Jonge Tobias, 1 Bob. 329.). 
 
 cargo, part belonging to the same owner, 112. 147. (Sarah Christina, 
 1 Bob. 242. ; Eleonora Wilhelmina, 6 Bob. 334. ; Ny)tunus, 6 Rob. 
 410. ; Atalanta, id. 460.). 
 
 innocent part restored under circumstances (Jonge Margaretha, 1 Bob. 
 196.). 
 
 freight and expenses forfeited (Ringende Jacob, 1 Bob. 91.; Neutralitet, 
 
 3 Bob. 297. ; Sarah Christina, 1 Rob. 242.). 
 
 for innocent parts, freight allowed under circumstances (Oster Risoer, 
 
 4 Rob. 200.). 
 
 PEPPER, 124. 166. 
 
 PIPE STAVES, IL 33. 108. 
 
 PITCH AND TAR, xlv. 
 
 doubtful before 1656, afterwards contraband (Maria, 1 Rob. 372. 
 
 Sir Leoline Jenkin's opinion, 195. ; Twee Juffrowen, 4 Rob. 243.). 
 discussion thereon between England and Sweden (Neptunus, 6 Rob. 
 
 405.). 
 contraband, 58. 60, 61, 62. 67. 147 193. 197. 199. 
 instructions, 61.67. 199. 
 order of prize commissioners, 192. (Sarah Christina, 1 Bob. 241. ; 
 
 Richmond, 5 Bob. 328. ; Staadt Embden, 1 Bob. 30.). 
 
332 INDEX. 
 
 PITCH AND TAU — continued. 
 
 naval stores (Neptunus, 6 Rob. 408.). 
 
 native produce on board ship of same country formerly condemned, 
 
 191 {Maria, 1 Rob. 373.:). 
 now excepted (^Christina Maria, 4 Rob. 166.). 
 
 native produce, on board foreign sbip, excepted ^Apollo, 4 Rob. 164.). 
 subject to pre-emption (_Maria, 1 Rob. 373. ; Twee Juffrowen, 4 Rob. 
 
 243.). 
 by treaty with Sweden (Neptunus, 6 Rob. 405.). 
 
 PLAKAART, 156. 159. 
 
 PLANCHE DE SAPIN {Twende Brodre, 4 Bob. 36.)., 
 
 PLANKS, xlix. 
 
 contraband, 45. 67. 74. 105. 
 
 not, 133. 
 PLEA AND PROOF, 
 
 importance of {Magnus, 1 Rob. 35.). 
 
 PORT, 
 
 convenient, 193 {Washington, 6 Rob. 280.). 
 
 of destination, change in character {Atalanta, 6 Rob. 457.). 
 
 from port to port of enemy, 141. 190 {Edward, 4 Rob. 70.). 
 
 nature of importance {Jonge Margaretta, 1 Rob. 194. ; TwendeBrodre, 
 
 4 Rob. 36. ; Nostra Signora de Begona, 5 Rob. 98. ; United States, 
 
 Stew. 118.). 
 naval equipment, 74. 108 {Edward, 4 Rob. 70.). 
 neutral {Imina, 3 Rob. 168.). 
 proof, locality of capture {Edward, 4 Rob. 70.; Sarah Christina, 1 
 
 Rob. 239.). 
 in the same bay, identified, 32 {Zelden Bust, 6 Rob. 95.). 
 not of, if separated by headland {Frau Margaretta, 6 Rob. 92.) , 
 POTASH, 
 
 not contraband, 170. 
 
 PRAYER 
 
 of parties, 30. 
 
 PRE-EMPTION, xxix. 203 {Sarah Christina, 1 Rob. 341. ; Maria, 1 Rob. 
 
 373.; Haabet,2 Rob. 182.; Curlew, Stew. 320.). 
 abandoned, demurrage allowed {Sisters, 5 Rob. 154.). 
 captors' expenses paid {Twende Brodre, 4 Rob. 38.; Christina Maria, 
 
 id. 166.; Jonge Jan, 1 Dod. 455.). 
 claimant condemned in expenses, alternative destination {Twende 
 
 Brodre, 4 Rob. 38.). 
 expenses not allowed on defect in proof {Minerva, 2 Rob. 303.). 
 mixed cargo all taken {Jonge Jan, 1 Dod. 458.). 
 naval stores {Jonge Jan, 1 Dod. 455.). 
 
INDEX. 333 
 
 PRE-EMPTION — continued. 
 
 payment, valuation formerly by merchant named on pach side, Mar. 
 Adm. Dec. 103. 142. 170. 
 original price and fair profit (JJaabet,2 Rob. \7 S. 182. iJonge 
 
 Jan, 1 Dod. 458.). 
 invoice price and 10 percent, profit (Haahet, 2 Rob. 175. ; 
 Lucy, 3 Rob. 209. ). 
 freight included (Mar., 170. ; Lucy, 3 Rob. 110.). 
 insurance, not paid, disallowed (Haabet, 2 Rob. 175.). 
 expenses allowed (Mar., 170. ; Minerva, 2 Rob. 303.). 
 proceeding manner of {Jonge Jan, 1 Dod. 458.). 
 PRESUMPTION, 
 
 as to produce (_ApoUo, 4 Rob. 164.; Twee Juffrowen, id. 244.). 
 PRIMAGE, 126. 
 
 PRISONER, 
 
 concealment of passengers under fear of their becoming prisoners, not 
 admissible (^Atalanta, 6 Rob. 445.). ; 
 
 PRIVATEERS, 
 
 ignorance of treaties, 98. 
 instructions, obedience to, 199. 
 
 PRIVILEGE 
 
 of treaty, not extend to cargo on board ship of another country, 190. 
 
 PRIVITY. 
 
 Vide Owners. 
 
 PRIZE, 
 
 brought in as, 115, 
 prize act, 197. 
 grant of, id. 
 
 PROBABLE CAUSE (as to, see Adm. Pr. Report, 177.; Kent's Com. 
 vol. i. p. 156.; Taylor's Evidence, p. 309. 75.). 
 
 PROCEEDING, 
 
 manner, 15. 
 
 taking evidence (^Apollo, 5 Rob. 288.). 
 
 PRODUCE 
 
 of ally of enemy in war (Jonge Margaretta, 1 Rob. 192.). 
 native, 49. 195. 
 
 formerly not considered (Staadt Embden, 1 Rob. 30.). 
 now ground of restitution by convention (Euphemia, Stew. 564.), 
 of exporting country ( Twee Juffrowen, 4 Rob. 243.). 
 claimant country (_SaraJi Christina, 1 Rob. 241.; FranMin, 3 Rob.219.). 
 on board ship of own caaatrj {Apollo, 4 Rob. 164.). 
 on board foreign ship (Id.) 
 
 neighbouring country, 39 (Neutralitet, 3 Rob. 297. ; Apollo, 4 Rob. 
 164.). 
 
334 INDEX. 
 
 PRODUCE — continued- 
 
 Hanse Towns, usual trade (Evert, 4 Rob. 355.). 
 hemp {Apollo, 4 Rob. 164.). 
 manufactured articles (JVeptunus, 6 Rob, 406.). 
 
 pitch and tar, produce of Sweden, formerly contraband, but now 
 subject to pre-emption (Maria, 1 Rb. 373. ; Neptunus, 6 Rob. 405.). 
 presumption (^Apollo, 4 Rob. 164.; Twee Juffrowen, id. 243. 
 proof on claimant (Twee Juffrowen, 4 Rob. 242.; Evert, 4 Rob. 355.). 
 
 PROMISCUl USUS, xxvi. 48. (Ringende Jacob, 1 Rob. 92.). 
 
 PROOF, 
 
 attestation, 127. 
 
 burden on captors, 133. 
 
 on claimant as to produce. Vide Produce. 
 
 certificate on oath, not admissible as proof (Endraught, 1 Rob. 25.). 
 
 conduct of parties (Atalanta, 6 Rob. 453.). 
 
 place of capture (Edward, 4 Rob. 70.). 
 
 PROPERTY, 
 
 " or his assigns," 45. 
 
 cleared as claimant's property, 141. 
 
 different owners, 67. 
 
 endorsement to consignee (Ncptunus, 6 Rob. 409.). 
 
 on board foreign ship, 163. 
 
 PROTEST, 34. 
 
 received as evidence, 18. 
 
 PROVISIONS, xxxii. (Haabet, 2 Rob. 182.) 
 
 contraband, 93. 119. 170. 190. 
 
 when contraband (Jonge Margaretta, 1 Rob. 188.). 
 
 probable destination (iS. 194.). 
 
 port of naval equipment (Id. 195.). 
 
 pre-emption (Haabet, 2 Rob. 182.). 
 
 public service, contraband, 169. 
 PUBLIC SERVICE, 
 
 proof of being in (Friendship, 6 Rob. 427.). 
 
 Q. 
 
 QUANTITY, xxviii. (Richmond, 5 Rob. 328. ; United States, Stew. 121.). 
 large, condemned, 175. 
 small, not condemned, 163. 166. 187. 190. 
 
 stores, whether to be considered such (Margaretta, 2 Rob. 140. j 
 Richmond, 5 Rob. 335.). 
 
 QUASI, CONTRABAND. 
 
 carrying soldiers, despatches, &o. (Friendship, 6 Rob. 421.; Drum- 
 mond, 1 Dod. 103.). 
 
INDEX. 335 
 
 R. 
 
 KAW MATERIALS, 
 
 favourably considered {Euphemia, Stew. 567.)- 
 REBELS, 75. 
 RECEIPTS, 131. 188. 
 
 REFERENCE, 
 
 as to nature of article, 
 
 cheese (Jonge Margaretta, 1 Rob. 191.). 
 
 hemp {JEvert, 4 Rob. 354.). 
 
 iron (Mingende Jacob, 1 Rob. 92.; United States, Stew. 118.). 
 
 ship timber {Endraught, 1 Rob. 25. ; Eingende Jacob, 1 Rob. 92. ; 
 
 Twende Brodre, 4 Rob. 35. ; Eleonora, 6 Rob. 331.). 
 return on oath {United States, Stew. 118.). 
 report (Eleonora, 6 Rob. 331 — 334.). 
 
 REGISTRAR AND MERCHANT, 
 
 reference to (Haabet, 2 Rob. 179.). 
 EELAND, 
 
 contraband, 151. (Araminiha, Stew. 48.). 
 
 RESIDENCE, 
 
 bona fide required (JEndraught, 1 Rob. 25.). 
 
 RESIDENT, 
 
 a British subject resident in enemy's country may trade generally with 
 enemy, but not in contraband (Nepiunus, 6 Rob. 408.). 
 
 RESTITUTION, 
 
 conditional, on bail to sell in particular country, 56. 
 in England, 98. 203. 
 
 RETURN, 
 
 vessel not generally liable, in case of contraband, on return voyage, 
 
 82. 152. {Imina, 3 Rob. 168.; Christiansberg, 6 Rob. 381.; United 
 
 States, Stew. 117.). 
 all taint not removed by discharge of contraband {Margaretta, 2 Rob. 
 
 140.). 
 exception in case of voyage to East Indies {Nancy, 3 Rob. 125. ; see 
 
 also Araminta, Stew. 47.), 
 but liable to condemnation if false papers, &c., on outward voyage, 82. 
 
 152. ; Rosalie and Betty, 3 Rob. 343. ; appeal. May 6. 1802.; Lisette, 
 
 6 Rob. 892.; Araminta, Stew. 47.). 
 not after intermediate voyage {Christiansberg, 6 Rob. 381. n.). 
 despatches {Atalanta, 6 Rob. 457.). 
 
 RICE, xxxviii. 
 
 contraband, 170 {Jonge Margaretta, 1 Rob. 193.). 
 
 ROLL OF EQUIPAGE, 34. 107. 
 
336 INDEX. 
 
 ROPE, 
 
 material for making, contraband {Immanuel, 2 Rob. 195. ; Euphemia, 
 Stew. 567.). 
 
 ROSIN, xlvii. 137. 
 
 destination to be considered (^Tsostra Signora de JBegona, 5 Rob. 98. 
 Araminta, Stew. 47.). 
 
 RUCKERS, li. (Eleonora, 6 Rob. 331.). 
 RUSSIA, 
 
 ship, 94. 97. Vide Tkeaty. 
 
 S. 
 
 SAIL CLOTH, xlvii. 
 
 contraband under all circumstances (_Nepturms, 3 Rob. 108. ; Oster 
 
 Risoer, 4 Rob. 199.). 
 by Danish Treaty, 239. 
 
 SALE, 
 
 restitution on bail to sell abroad, 55. 
 in England, 203. 98. 137. 
 not in enemy's port, 55. 203. 
 certified, 55. 57. 
 
 SALMON, xxxviii. 
 
 contraband, 90 (Jonge Margaretta, 1 Rob. 193.). 
 
 SALT, xxxviii. 
 
 contraband, 144. 191. 
 except by Dutch Treaty, 191. 
 
 SALTED, xxxviii. 
 
 beef contraband {Jonge Margaretta, 1 Rob. 189.). 
 
 cod (/d 193.). 
 
 herrings, id- 
 SALTPETRE, 
 
 contraband, 71. 187. 
 
 by Danish Treaty, 239. 
 
 SAME, 
 
 all property belonging to same owners of contraband condemned, 
 
 112. 147. 170. 
 Vide Owner. 
 
 SCABBARD, 39. 
 
 SEARCH, 2. 
 
 Hautefeuille, torn, iv., p. 123. 
 
 Wheaton, international law, p. 587 {Maria, 1 Rob. 367.; Immaniiel, 
 2 Rob. 196. ; Margaretta, 2 Rob. 139.). 
 
INDKX, 337 
 
 SECRETARY OF STATE, 
 communication with, 174. 
 
 correspondence with foreign minister {Eheba, 5 Rob, 178, ; Neptunus 
 6 Rob. 403. 408.). ' 
 
 SECURITY, 
 
 on inspection, 181. 
 
 on removal, 44. 
 
 sale, 55. 59. 
 SEPARATION, 
 
 ship and goods, freight allowed {Oster Ritoer, i Rob. 200.). 
 
 by act of unlivery (^Hoffnung, 6 Rob. 234.). 
 
 SHEATHING COPPER, 
 
 Eenrom, 2 Rob. 6. j Express, Stew. 294. ; Euphemia, id. 566. 
 SHIP, 
 
 built for war contraband (^Richmond, 5 Rob. 331.). 
 
 character (^Friendship, 6 Rob. 425.). 
 
 condemned, 49. 59. 64. 67. 118. 191. 
 
 master part owner, 60. 
 
 according to ancient practice {Ringende Jacob, 1 Rob. 91. ; Jonge Mar- 
 garetta, 1 Rob. 189.; Neutralitet, 3 Rob. 296.). 
 
 not according to modem practice in fair cases (Ringende Jacob, 1 Eob. 
 91.; Franklin, 3 Rob. 223.; Neutralitet, 3 Rob. 296.). 
 
 despatches, carrying condemned (Atalanta, 6 Rob. 459.). 
 
 false destination or papers condemned (Franklin, 3 Rob. 224.; Neu- 
 tralitet, id. 296.; Edward, 4 Rob. 70. ; Ranger, 6 Rob. 126.). 
 
 foreign may be employed (Apollo, 4 Rob. 1 64.). 
 
 privity of master charterer of vessel, condemned, 49. 
 
 privity of owners (Neutralitet, 3 Rob. 297. ; Atalanta, 6 Rob. 459.). 
 
 treaty, breach of (Neutralitet, 3 Rob. 297.). 
 
 purchase, intended of another ship, no excuse for excess of stores 
 (Margaretta, 2 Rob. 140.). 
 
 Russian Treaty, cargo must be on board Russian ship (Charlotte, 5 
 Rob. 307.). 
 
 same owner of ship and contraband cargo, both condemned (Sarah 
 Christina, 1 Rob. 242. ; Immanuel, 2 Rob. 206. ; Floreat Commercium, 
 3 Rob. 178.). 
 
 excused under circumstances (Jonge Margaretta, 1 Rob. 196. ; Nep- 
 tunus, 6 Rob. 410.). 
 
 separated. Vide Separation. 
 
 treaty, breach of, effect on (Neutralitet, 3 Rob. 297.). 
 
 SHIPS' PAPERS, 34. 70. 
 
 Vide Papers. 
 SHIPTIMBER, 
 
 contraband (Endraught, 1 Rob. 25.; Imina, 3 Bob. 167.; Twende 
 Brodre, 4 Rob. 36.). 
 
 Z 
 
338 INDEX. 
 
 SHOT, 25. 185, 186 
 SMALL, 
 
 small quantity admitted as ground for restitution. 
 
 Vide QcANTiTT. 
 SOAP, 170. 
 SOLDIERS, 
 
 conveyance of {Friendship, 6 Rob. 421.). 
 
 exception in favour of invalids, {Id. 428.). 
 
 SPAIN, 
 
 treaty {Euphemia, Stew. 567.). 
 SPARS, Hi. 
 
 contraband, 155 {Eleonora Wilhelmina, 6 Rob. 331.; Jimge Jan, I 
 Dod. 454.). 
 
 restored (Twende Brodre, 4 Rob. 36.). 
 SECIALIT ER , 197. 
 
 STAPLE, 
 
 Twee Juffrowen, 4 Hob. 243. 
 
 STATUTES, 
 
 12 C. 2., c. 18. § 8. 149. 
 6 Anne, 197. 
 
 13 Geo. 2., 31. 
 STAVES, lii. 
 
 condemned, 67 (Friendship, 6 Rob. 428.). 
 STEEL, xliv. 
 
 not contraband, 58 (Euphemia, Stew. 566.). 
 STORES, xxxix. 
 
 contraband {Staadt Embden, 1 Rob. 31.). 
 
 naval,.xli. 
 
 pitch and tar (Neptunus, 6 Rob. 408.). 
 
 quantity to be considered (Richmond, 5 Rob. 335.). 
 
 reference as to nature (Ringende Jacob, 1 Bob. 92 a.). 
 
 ship's use (Margaretta, 2 Rob. 1 40.), 
 
 pretence (Margaretta, 2 Rob. 140.). 
 
 warlike, xl. 
 SULPHUR (Neptunus, 6 Rob. 406.). 
 
 SUPERCARGO, 
 
 (Atalanta, 6 Rob. 441, 6.). 
 two (Orozembo, 6 Rob. 437.). 
 suspicion, 153. 
 
 SWEDEN, 
 
 Vide Tbbaty. 
 monies, &c,, 62. 
 
INDEX. 339 
 
 T. 
 TAINT, Ixxi. 
 TALLOW, xlvui. 
 
 contraband, if going to port of naval equipment (Neptunus, 3 Rob. 
 108.). 
 TAR, xlviii. 
 
 formerly not generally contraband {Neptunns, 6 Rob. 40.5.; Twee 
 
 Juffrowen, 4 Rob. 243.). 
 about 1656, declared contraband {Maria, I Rob. 372.). 
 contraband, 141. 147. 191. {Sarah Christina, 1 Rob. 241.! Jonge 
 
 Tobias, 1 Rob. 329. ; Staadt Embden, 1 Rob. 30.). 
 produce of claimant country no excuse {Staadt Embden, 1 Rob 31.). 
 but now subject to pre-emption {Sarah Christina, 1 Rob. 241.; Chris- 
 tina Maria, 4 Rob. 166. ; Neptunus, 6 Rob. 405.). 
 Danish Treaty {Eearom, 2 Rob. 6. ; Neutralitet, 3 Rob. 296.). 
 naval stores {Neptunus, 6 Rob. 407.). 
 
 Sweden {Neptunus, 6 Rob. 405. ; Maria, 1 Rob 373. ; Imina, 3 Rob. 
 167. ! Twende Brodre, 4 Rob. 36.). 
 TIMBER, xlviii. 
 
 contraband, 67. 105, 141. 
 although growth of country, 108. 155. 
 nature, aflBdavit, 42. 
 interrogatories, 34. 68. 
 reference {Endraught, 1 Rob. 25.), 
 TOBACCO, Uii. 86. 149, 
 TOLL BRIEF, 63. 
 
 TORSE or COEDILLA, xlii. 
 
 hemp {Gute Gesellsehaft, 4 Rob. 95.). 
 TRADE, 
 
 from port to port of enemy, illegal, 177. 
 
 British subjects settled in enemy's country may not trade in coutrt- 
 band {Neptunus, 6 Rob. 408 ; Ann, 1 Dod. 223.). 
 
 passengers, conveyance ot{Ilose in Bloom, 1 Dod. 58.). 
 
 contrary to general law of nations {Fortuna, \ Dod. 85- ). 
 
 license, effect on character of {Neptunus, 6 Rob. 410.). 
 
 TRANSLATION, 
 false, 160. 
 
 TRANSPORT, Ix. {Friendship, 6 Rob. 421. 425. ( Orozembo, id. 433.). 
 TREATY, 
 
 construction (48. 65. 93. 97, 98.; Maria, 1 Rob. 373, ; Twende Brodre, 
 
 4 Rob. 35, 36.). 
 contraband {Vrt/heid, Mar. 188.; Stma. Cordgao, 2 Acton, 91. j 
 {Apollo, 4 Rob. 158.; Charlotte, 5 Rob. 275. 304. ; Eleonora, 6 Rob. 
 331.; Neptunus, id. 403.). 
 
 Z 2 
 
340 INDEX. 
 
 TREATY— continued. 
 exception, 191. 
 
 but see Ringende Jacob, 1 Bob. 92. 
 power over subjects (_Eenrom, 2 Rob. 6,). 
 yiolation of, deprives of national character {Eenrom, 2 Rob. 6. ; Neutra- 
 
 litet, 3 Rob. 297.). 
 America ( Twende Brodre, 4 Rob. 33., Am. Ed. ; Richmond, 5 Rob. 
 
 328.). 
 Denmark {Endraught, 1 Rob. 25. ; Emanuel, I Bob. 302. ; Einigheden, 
 
 td 324.; Eenrom, 2 Rob. 6.; Conqueror, id. 307.; Nancy, 3 Bob. 
 
 125.; Neutralitet, id. 296, 297. ; Apollo, 4 Bob. 158.)". 
 1670, art. 40. 46. 48. 
 1780, explanatory act (Maria, 1 Rob. 372. ; Endraught, 1 Rob. 22. ; 
 
 Ringende Jacob, 1 Rob. 90.; Twende Brodre, 4 Bob. 35.). 
 Dutch, 1667, 31. 175 (Annemur, 3 Bob. 74 «.). 
 
 1674, 7. 17. 128. 135. 144. 152. 158. 175. 186. 191. (Marianna, 
 6 Bob. 30 n.). 
 
 1675, explanatory act (Annemur, 3 Bob. 74 n. ; Nostra Sig^ora, 
 6 Bob. 42.). 
 
 Morocco, 1761, 1783 (Annemur, 3 Bob. 72 ). 
 Portugal (Flora, 6 Bob. 360.). 
 
 1641, 92. 
 
 1654, 92, 93. 133 (Nostra Signora, 6 Bob. 41.). 
 Russian, 1734, 95. 97 (Charlotte, 5 Rob. 309.). 
 
 1766 (id. 307.). 
 
 1793 (Charlotte, 5 Bob. 311.). 
 
 1797 (Id. 307.). 
 
 1801 (Apollo, 4 Bob. 161.). 
 Spain, 19 5. 
 Sweden, 65 (Neptunus, 6 Rob. 405.). 
 
 1654, 59. 121. 
 
 1656, 59. 121 (Maria, 1 Bob. 373.). 
 
 1661, 54. 66. 121. 175. 191. 194. 197- 205 (Maria, 1. Bob. 
 370,; Gustava, Stew. 544. ; Active, id. 580.). 
 
 1664, 66. 
 
 1720, 190. 
 
 1803 (Zacheman, 5 Bob. 152. ; Charlotte, id. 275.). 
 Utrecht, 31. 175. 
 
 TBINITY MASTEES, 
 
 opinion as to destination from entry in log (Edward, 4 Bob. 68.). 
 
 TBUNNELS, 
 
 or tree-nails, 35. i 
 
 TURK'S PASS, 150. 
 
INDEX. 341 
 
 UNCLAIMED, 
 
 condemned, 32. 99. 122. 135. 
 UNLIVERY, 146. 
 UNMANUFACTURED {Jonge Margaretta, 1 Rob. 196.). 
 
 UNMOORED, 
 
 commencement of voyage {Richmond, 5 Rob. 336.). 
 USE (Jonge Margaretta, 1 Rob. 195.). 
 
 promiscuous (Ringende Jacob, 1 Rob. 92.). 
 stores for ship's use, quantity {Richmond, 5 Rob. 335.). 
 not to be sold {Margaretta, 2 Rob. 140.). 
 
 VARIATION, 
 
 on voyage, relieves from penalty {Imina, 3 Rob 168.), 
 
 if to enemy's port, condemnation ( Twendre Brodre, 4 Rob, 38.). 
 
 VISITE, 
 
 Vide Hautefeuille, vol. iv. p. 126. 
 Vide Search. 
 VOYAGE, 
 
 conditional {Twende Brodre, 4 Rob. 38.). 
 
 completed {Richmond, 5 Rob. 336. ). 
 
 discretion ( Twendre Brodre, 4 Rob. 38.). 
 
 East Indian, outward and return voyage considered one {Nancy, 3 
 
 Rob. 126.). 
 European, outward and return voyage considered distinct {Id. ). 
 from port to port of enemy, 177 {Edward, 4 Rob. 70.). 
 evidence from place of capture {Edward, 4 Rob. 70.). 
 intention {Richmond, 5 Rob. 336.). 
 outward, taint of contraband on outward voyage still to some extent 
 
 remains {Margaretta, 2 Rob. 140.; Nancy, 3 Rob. 126.). 
 return, liability not generally attach to return voyage {Imina, 3 Rob. 
 
 168.). 
 but does under circumstances, as of mala fides {Id.), 
 mala fides {Margaretta, 2 Rob. 140. ; Nancij, 3 Rob. 127.). 
 false papers {Rosalie and Elizabeth, 6 May, 1802, 4 Rob., cases on 
 
 appeal), 
 variation relieves from penalty {Imina, 3 Rob. 169.). 
 
342 INDEX. 
 
 w. 
 
 WALES, liii. 34. 
 WANT, 
 
 of water (,Sarah Christina, I Bob. 239.). 
 WAX, liv. 
 WHEAT, xxxvii. 
 
 eontraband, 100. 104. 122. 
 
 pre-emption (_Haabet, 2 Rob. 175.). 
 
 WINE,xxxix. 177. 
 
 contrabajid, 119. (Jonge Margaretta, 1 Rob. 192.; Edward, 4 Rob. 
 68.). 
 
 WITNESS, 
 
 difference on depositions, 181. 
 
 irregular examinations admitted {Richmond, 5 Rob. 330.). 
 
 mate, not examined by captors, affidavit, 77. 
 
 Moorish witnesses sworn on Gospel, admitted under circumstances ' 
 
 {Annemur, 3 Rob 74 ). 
 passenger, 167. 
 refusal to sign depositions, 142. 181. 
 
 WOOD, liii. 
 
 heavy, fit for shipping, condemned, 139 141. 
 
 THE JSND. 
 
 London : 
 
 Printed by Spottihwoodb ft Co., 
 
 Kew-street-Square,