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I - k . J - ^.---r ^ ■•■''■•• ^ 4 .. -{!■ V . "TT 01'^-'.. •ir'jurrol'I o / ''■-■) '• i • 1. '' .•■.-■ . '/ ^'/^^. 'fi''^J?o9 (3) SIR, Whitehall, Feb, 8, 1753. L O S T no Time in laying before the King, the Memorial, which you delivered to me on the 2 3d of November laft, with the Pa- pers, that accompanied it. His Majefty found the Contents of it fo extraordinary, that he would not return an Anfwer to it, or take any Refolutioi upon it, 'till he had caufed both the Memorial, and the Expojition des Motifs^ &c. which you put into my Hands foon after, by Way of Jufli- fication of what had paffed at Berlin^ to be maturely confidered ; and till His Majefty fliould thereby be enabled to fet the Proceedings of the Courts of Admiralty here, in their true Light ; to the End, that his PruJJian Majefty, and the whole World, might be rightly informed of the Regularity of their Condud ; in which they appear, to have followed the only Method, which has ever been prac- tifed by Nations, where Difputes of this Nature could hap- pen; and ftridlly to have conformed themfelves to the Law of Nations, univerfally allowed to be the only Rule, in fuch Cafes, when there is nothing ftipulated to the con- trary, by pairticular Treaties between the Parties concerned. This (4) This Examination, and the full Knowledge of the Fadls refulting from it, will fliew, fo clearly, the Irregularity of the Proceedings of thofe Perfons, to whom this Affair was referred at Berlin ; that it is not doubted, from his Pruf- Jian Majefty's Juftice and Difcernment, but that he will be convinced thereof, and will revoke the Detention of the Sums afligned upon Silefia ; the Payment of which; his P ruffian Majefty engaged to the Emprefs Queen to takq upon himfelf, and of which the Reimburfement was ati exprefs Article in the Treaties, by which the Ccflion of that Dutchy was made, * ! :"^"::^[ '^^ I, therefore^ have the King's Orders to fend you the Report, made to His Majefty, upon the Papers abovemea- tioned, by Sir George Lee^ Judge of the Prerogative Court •, DoAor Pauly His Majefty's Advocate General in the Courts of Civil Law ; ^\x Dudley Ryder ^ and Mr. Mur^ ray^ His Majefty's Attorney, and Sollicitor General. This Report is founded on the Principles of the Law of Na- tions, received and acknowledged by Authorities, of the greateft Weight, in all Countries ; (o that His Majefty does not doubt, but that it will have the Effed defired. ^ The Points, upon which this whole Affair turns, aad which are decifive, are, _ - / * , , ij.h . FirJ^y That Affairs of this Kind are, and can be, cognizable, only in the Courts belonging to that Power, where the Seizure is made ; and, confequently, that the I Ereding the ;1 be, ^er, the ting (5 ) Ereding foreign Courts, or Jurifdidlions elfewhere, to take Cognizance thereof, is contrary to the known Pradice of all Nations, in the Hke Cafes ; and, therefore, a Proceed- ing which none can admit. Secondly^ That thofe Courts, which are generally ftiled Courts of Admiralty, and which include both the inferior Courts, and the Courts of Appeal, always decide accord- ing to the univerfal Law of Nations only ; except in thofe Cafes, where there are particular Treaties between the Powers concerned, which have altered the Difpofitions of the Law of Nations, or deviate from them. Tiirdiy^ That the Decifions, in the Cafes complained of, appear, by the inclofed Report, to haye been made fingly, upon the Rule prefcribed by the Law of Nations ; which Rule is clearly eflablifhed, by the conftant Pradice of other Nations, and by the Authority of the greateft Men. Fourthly^ That, in the Cafe in Queflion, there cannot even be pretended to be any Treaty, that has altered this Rule, or by Virtue of which, the Parties could claim any Privileges, which the Law of Nations does not allow them. Fifthly^ That as, in the prefent Cafe, no juft Grie- vance can be alledged, nor the leaft Reafon given, for fay- ing. That Juftice has been denied, when regularly de- manded ; and as, in moll of the Cafes complained of, it was the Complainants themfelves, who negleded the only fi proper (6) • > . tViere cannot, confequent- proper Means of P7"";V^J„Un, for Repr««»- .^ , IX any juft Ca«fe, ;'J°;7 .^^ might bejuMed ^ 6W./J, That, even tho .gh < i ^ ^^ ^^ ^ . by the known and g^neral^^^" ^^^,^ ConMeja- it appears, by the ^^^^'^J^^ ^ody, that Sum^ due tions. which -"ft°^t' SSrcfsQ"-".-'^'^^*n*^ to the King s St^jeas by '^^^l^r.. his Pruffian Majefty by her upon ^^^f J\;; p^^'ent, ^,, by the Tre J o took upon himfeU the *-ay j^ Confideration of the Brellau, and by that of I^'^J'''''^' by Virtue of that Son of that Country, and wh^ch 7 ^^^ ^^^^^^^^^ ,ery Ceffion. ought to ^^H'^l^.J,, fey, one Year difcharged, -/';j7;^^ ^jS^plned of did happen, before any of the ^^^f^ f jR,,fon, or according to could not, either in Jutoce o ^^^ ^^f ,bat is the conft^^ziror ftopt, by Way of Repr.zals. table Powers, be leizc , r u- 1, are particularly mentioned The feveral Faas, which are p .^> ^^^^ above, are f%t?nrrfpea "heV-^l- ^^.^^"\ «. tV»at I inaU not repc^u ^ on<^ in Tuftiti- Reporf, tnat i ^ c,,„nort of them, ana lu J" Uhorities -y^f'lSrt^^-^. in Queftlon. The • r.f the Condutt anQ ^^^"^ ° .11 Up fvifficient cation ot tnc v> Realons win dc lu King is P^f-'*^'^! "tdtfenf of aU impartial People, ,lfo, to determine the Judgm ia the ptefent Cafe. . It It ( 7) It is material to obferve, upon this Subjed, that this Debt on Silejia^ was contradcd by the late Emperor Charles the Sixth ; who engaged, not only to fulfil the Conditions expreffcd in the Contradl, but even to give the Creditors fuch fufther Security, as they might afterwards reafonably ask. This Condition had been very ill per- formed by a Transfer of the Debt, which had put it in the Power of a Third Perfon to feize, and confifcate it. You will not be furprifed, Sir, that, in an Affair, which has fo greatly alarmed the whole Nation, who are entitled to that Protedion, which His Majefty cannot difpenfe with himfelf from granting ; the King has taken Time, to have Things examined to the Bottom ; and that His Majefty finds himfelf obliged, by the Fadls, to adhere to the Juf- tice, and Legality, of what has been done in His Courts, and not to admit the Irregular Proceedings, which have been carried on elfewhere. The late War furnifhed many Inftances, which ought to have convinced all Europe^ how fcrupuloufly the Courts here do Juftice, upon fuch Occafions. They did not even avail themfelves of an open War, to feize, or detain, the Effeds of the Enemy, when it appeared that thofe Effcds were taken wrongfully before the War. This Circum- ftance muft do Honour to their Proceeding. ; and will, at the fame Time, fhew, that it was as little neceffary as pro- per, to have Recourfe elfewhere tc Proceedings, entirely new, and unufual. The (8 ) The King is fully perfuaded, that what has paffcd at Berlin^ has been occafioned, fingly, by the ill-grounded Informations, which his PruJJian Majelly has received, of thefe Affairs : And does not at all doubt, but that, when his F ruffian Majefty ftiall fee them in their true Light, bis natural Difpolltion to Juftice and Equity will induce him, immediately to redify the Steps, which have been occa- iioned by thofe Informations ; and to complete the Pay ment of the Debt charged on the Dutchy of Silefia^ ac- cording to his Engagements for that Purpofe. law^ with much Confiderationf SIR, Yourtnoft Obedient^ Hunibk Servant, Holies Newcaftlc. (9) Ic. To the K I N G's moft Excellent MAJESTY. May it pleafe your Majefly^ N Obedience to your Majefty's Commands, fignified to us by his Grace the Duke of Newcaflle^ wc hvive taken the Memorial, Sentence of the Prujftan Commiflioners, and Lifts marked A and B, which were delivered to his Grace by Monf. Michelle the Prujftan Secre- tary here, on the 23d of November laft ; and alfo the printed Expojition des Motifs y &'c» which was delivered to his Grace the 1 3th of December laft, into our ferious Conlideration. And we have directed the proper Officer to fearch the Regifters of the Court of Admiralty, and inform us how the Matter appeared from the Proceedings there, in Relation to the Cafes mentioned in the faid Lifts {^ and B, which he has accordingly done. C And I r ( lo ) And your Majefty having commanded us to report our Opinion, concerning che Nature and Regularity of the Proceedings, under the Prujftan Commiflion, mentioned in the faid Memorial ; and of the Claim or Demand pre- tended to be founded thereupon ; and how far the fame are confiftent with, or contrary to, the Law of Nations, and any Treaties fubfifting between your Majefty and the King of Pruffiu^ the eftablilhed Rules of Admiralty Jurif- didlion, and the Laws of this Kingdom : For the greater Perjfpicuity, we beg leave to fubmit our Thoughts upon the whole Matter in the following Method : - ....... ly?, To ftate the Clear Eftabliflied Principles of Law^ 2dly^ To ftate the Fad. n^dly^ To apply the Law to the Fad. Afthly^ To obferve upon the Queftions, Rules and Rea- fonings alledged in the faid Memorial, Sentence of the Pruffian Commiffioncrs, and Expojition des Motifs^ &c» which carry the Appearance of Objections, to what we fhall advance upon the former Heads. Firft, As fo tie LAW. When two Powers are at War, they have a Right to> make Prizes of the Ships, Goods, and Effeds, of each other, upon the High Seas : Whatever is the Property of the Enemy, may be acquired by Capture at Sea ; but the Property we )erty (" ) Property of a Friend, cannot be taken, provided he ob^ ferves his Neutrality, • Hence the Law of Nations has eftablifhed, That the Goods of an Enemy, on Board the Ship of a Friend, may be taken. That the lawful Goods of a Friend, on Board the Ship of an Enemy, ought to be reftored. That Contraband Goods, going to the Enemy, tho' the Property of a Friend, may be taken as Prize; becaufe fiippiying the Enemy, with what enables him better to carry on the War, is a Departure from NeutraHty. By the Maritime Law of Nations, univerfally and Im- memorially received, there is an eftabhfhed Method of Determination, whether the Capture be, or be not, lawful Prize. Before the Ship, or Goods, can be difpofed of by the Captor, there muft be a regular judicial Proceeding wherein both Parties may be heard, and Condemnation thereupon as Prize, in a Court of Admiralty, judging by the Law of Nations and Treaties. The proper and regular Court, for thefe Condem- nations, is the Court of that State to whom the Captor belongs. The Evidence to'acquit or condemn, with, or without, Cofts or Damages, muft, in the firft Inftance, come merely from the Sliip taken, viz. the Papers on Board, and ( IZ ) and the Examination on Oath of the Mafter and other Principal Officers ; for which Purpofe, there are Officers of Admiralty in all the confiderable Sea Ports of every Maritime Power at War, to examine the Captains, and other Principal Officers of every Ship, brought in as Prize, upon General and Impartial Interrogatories : If there don't appear from tlience Ground to condemn, as Enemies Pro- perty, or Contraband Goods going to the Enemy, there muft be an Acquittal ; unlefs from the aforefaid Evidence, the Property fhall appear fo doubtful, that it is reafonable to go into further Proof thereof. A Claim of Ship, or Goods, muft be fupportcd by the Oath of fome body, at leaft as to Belief. The Law of Nations requires good Faith : Therefore every Ship muft be provided with compleat and genuine Papers ; and the Mafter at leaft ftiould be privy to the Truth of the Tranfa6lion. To enforce thefe Rules, if there be falfe or colourable Papers ; if any Papers be thrown over-board ; if the Ma- fter and Officers examined in Preparatoria grofsly preva- ricate ; if proper Ship's Papers are not on Board ; or if the Mafter and Crew can't fay, whether the Ship or Cargo be the Property of a Friend or Enemy, the Law of Na- tions allows, according to the different Degrees of Mif- behavioLir, or Sufpicion, arifing from the Fault of the Ship taken, and other Circumftances of the Cafe, Cofts to be paid, (13) paid, or not to be received, by the Claimant, in Cafe of Acquittal and Reftitution. On the other Hand, if a Sei- zure is made, without probable Caufe, the Captor is ad- judged to pay Cofts and Damages : For which Purpofe, all Privateers are obliged to give Security for their good Behaviour ; and this is referred to, and exprefsly ftipulated, by many Treaties. * * Tho' from the Ships Papers, and the preparatory Ex- aminations, the Property don't fufficiently appear to be Neutral, the Claimant is often indulged with Time, to fen.i over Affidavits to fupply that Defed : If he will not fliew the Property, by fufficient Affidavits, to be Neutral, it is prefumed to belong to the Enemy. Where the Pro- perty appears from Evidence not on Board the Ship, the Captor is juftified in bringing her in, and excufed paying Cofts, becaufe he is not in Fault ; or, according to the Circumftances of the Cafe, may be juftly intitled to re- ceive his Cofts. If the Sentence of the Court of Admiralty is thought to be erroneous, there is in every Maritime Country a fuperior Court of Review, confifting of the moft con- * Treaty between ^ff^/^iw^ and Holland^ ij Feb. 1668. Art. 13.— Treaty I Dec. 1674. Art. 10. — Treaty between England and France at SL Gcnnains, 24 Feb. 1677. Art. 10. — Treaty of Commerce at Ryfwick^ Sept. 20. 1697. hetvieen France znd Holland, Art. 30. — Treaty of Commerce at Utreckt, 31 March, 1713. between Great Britain and France, Art. 29. . .^ D fiderablc I i ( 1+) fiderable Perfons, to which the Parties, wha think them- felves aggrieved, may Appeal ; and this, fuperior Qomt judges by the fame Rule which governs the Qourt of Ad- miralty,i;/ar.The Law of Nations, and the Treaties fubfifting with that neutral Power, whofe Subjed is a Party before them. . . . .1 ! j • i; If no Appeal is offered, it is an Acknowledgement of the Juftice of the Sentence by the Parties themfelves, and conclufive. This Manner of Tryal and Adjudication is fupported> alluded to, and inforced, by many Treaties. * In * As appears, with refpeft to Courts of Admiralty adjudging the Prizes taken by thofe of their own Nation, and with refpeft to the Witnefles to be examined in thofe Cafes, from the following Treaties. — Treaty between Eng" land and Holland, ly Feb. i668. Art. 9. and 14. — Treaty i Dec. 1674. Art. II. — Treaty 29 Jpril i6Sg. Art. 12,13. — Treaty between £«^/tfwi and 5^tf/»» 23 May, 1667. Art. 23. — Treaty of Commerce at /Jy/itvV^, 20 Sept. 1697. between France and Holland^ Art. 26 and 31. — Treaty between England and France, 3 Nov. 1655. Art. 17 and 18. — Treaty of Commerce between Eng~ land znd France nt St. Germains, 29 March, 1632. Art. 5 and 6. — Treaty at St. Germains, 2^ Feb. 1677. Art. 7. — Treaty of Commerce between Great Britain and France, at Utrecht, 31 March, 1713. Art. 26 and 30. — Treaty between England and Denmark, 29 Nov. 1669. Art. 23 and 34. Heinecciusy who was Privy-Councellor to the King of Prujfta, and held in the greateil Efteem, in his Treatife de Navibus ob ve£luram vetitarum nfercium commiJfiSy, Cap. 2. Se<5t. 17 and 18, fpeaks of this Method of Tryal. With Refped to Appeals or Reviews : — From Treaty between England and Holland, i De^:. 1674. Art. 12, as it is explained by Art. 2, of the Treaty at fVeJiminJler, 6 Feb, 17 15- 16.— Treaty between £»^/W and France, At Sf, C^mainSf (15) In this Method, all Captures at Sea were try'd, du- ring the laft War, by Great Britainy Frmce and Spainy and fubmitted to by the neutral Powers. In this Method, by Courts of Admiralty adling according to the Law of Nations, and particular Treaties, all Captures at Sea have immemorially been judged of, in every Country of Europe. Any other Method of Tryal would be manifeftly unjuft, abfurd, and impradicable. Tho' the Law of Nations be the general Rule, yet it may, by mutual Agreement between two Powers, \ 'va- ried or departed from ; and where there is an Alteration or Exception, introduced by particular Treaties, that is the Law between the Parties to the Treaty ; and the Law of Nations only governs fo for as it is not derogated from by the Treaty. Thus by the Law of Nations, where two Powers are at War, all Ships are liable to be flopped, and examined to whom they belong, and whether they are carrying Con- traband to the Enemy : But particular Treaties have en- joined a lefs Degree of Search, on the Faith of producing folemn Paflports, and formal Evidences of Property, duly attefled. Cermains^ 24 /y^. 1677, Art. 12. — Treaty of Commerce at Ryjhmck, 20. Sept, 1697, between Frame and Holland^ Art. 33. — Treaty of Commerce at Utrecht y 31 March^ 1713, between Gr^tf/ Britain aad- France, Art. 51 and 32, and other Treaties. Particular (i6) Particular Treaties too have inverted the Rule of the Law of Nations, and, by Agreement, declared the Goods of a Friend, on Board the Ship of an Enemy, to be Prize ; and the Goods of an Enemy, on Board the Ship of a Friend, to be free, as appears from the Treaties al- ready mentioned, and many others *. So likewife, by particular Treaties, fome Goods, re- puted Contraband by the Law of Nations, are declared to be free. If a Subjedl of the King of Prujta is injured by, or has a Demand upon, any Perfon here, he ought to apply to your Majefty's Courts of Juftice, which are equally open and indifferent to Foreigner or Native : So vice ver/a, if a Subjed here is wronged by a Perfon living in the Dominions of his P ruffian Majefty, he ought to apply for Redrefs in the King of Prujftd^ Courts of Juftice. If the Matter of Complaint be a Capture at Sea during War, and the Queftion relative to Prize, he ought to ap- ply to the Judicatures eftabliihed to try thefe Queftions. The Law of Nations, founded upon Juftice, Equity, Convenience, and the Reafon of the Thing, and con- firmed by long Ufage, don't allow of Reprizals, except in Cafe of violent Injuries, direded or fupported by the * Particularly by tl:e aforefaid Treaty between England and Holland^ f. Dec. 1674. and the Treaty of Utrecht, between CrerJ Brifainmd France. . ■ . • ■ p - . State. isa C'7) State, and Juftice abfolutely denied, in Re mhtime duhid^ by all the Tribunals, and afterwards by the Prince *. Where the Judges are left free, arid give Sentence ac- cording to their Confcience, though it fhould be er- roneous, that would be no Ground for Reprizals. Upon doubtful Queftions, different Men think and judge differ- ently ; and all a Friend can defire, is, that Juftice fhould be as impartially adminiftred to him, as it is to the Sub- jects of that Prince, in whofe Courts the Matter is try*d. , ., ' Secondly, y^ /(? the FACT. ; / -'■■ " '• ' " We have fubjoined hereto two Lifts, tallying with thofe marked A. and B. which were delivered to His Grace the Duke oi Newcafile^ by Monf. Michelle with the faid Me^ morial, the 22,^0^ November laft ; and are alfo printed at the End of the faid Expofikion des Motif s^ 8cc. From whence it will appear, that as to the Lift A. which con- tains 1 8 Ships and their Cargoes, ! .. ■♦,••! f f ..' -y- ^ r.' * Grotius de Jure Belli ac Pacts, Lib. 3. Cap. 2. Sect. 4, 5. Treaty between England and Holland, 31 July, i66y. Art. 31. Repri- zals (hall not be granted, till Juftice has been deitianded according to tlie ordinary Courfe of Law. ,5uiJ;lf '.iCkJ Ic ^ - ^i. > - Treaty of Commerce at JRyfioick, .20 Sepi. 169.7. between France and Holland, Art. 4.'. Reprizals fliall not Ipe granted, but on manifeft Denial of Juftice. - : ;- - ' •■ -' '."•';'' E m i8 ( 18 ) If ever taken, were reftored by the Captors tliemfelves^ to the Satibfadiion of the PruJ/tans^ who never have com- plained in any Court of Juftice here. Was reftored by Sentence, with full Cofts and Damages^ which were liquidated at 2801 /. 12 j. id. Sterling. Ships were reftored by Sentence, with Freight, for fuch of the Goods as manifeftly belonged to the Enemy, ^nd were condemned. . Ships were reftored by Sentence, but the Cargoes, or Part of them, condemned as Prize, or Contraband, and are not now alledged, in the Lifts A. or 6. to have been Prujffian Property. Ships and Cargoes were reftored by Sentence^ but the Claimant fubjeded to pay Cofts, becaufe, from the Ship* Papers, and Preparatory Examinations, there was Ground to have condemned ; and the Reflititfioi^ was decreed, meerly on the Faith of Affidavits afterwards allowed. Ship and Cargo was reftored by Sentence upon an Ap- peal, but, from the Circumftances of the Capture, without Cofts on either Side. There need no Obfervations upon this Lift. As to the eight Cafes firft above-mentioned, there cannot be the Colour of Complaint. As to the four next, the Goods mufi be admitted to have been rightly condemned, either as Enemy's Property, or Contraband, for they are not now mentioned in the Lifts A. or B. If V if ( 19 ) If Contraband, the Ship could have neither Freight nor Cofts, and the Sentences were favourable, in reftoring the Ships, upon Prefumption, that the Owners of the Ships were not acquainted with the Nature of the Cargo, or Owners thereof. If Enemy's Property, the Ships could not be entitled to Freight, becaufe the Bills of Lading were falfe, and purported the Property to belong to PruJJians, The Ships could not be intitled to Cofts, becaufe the Cargoes, or Part of them, being lawful Prize, the Ships were rightly brought in. As the fix remaining Ships and Cargoes were reftored, the only Queftion muft be, upon the Paying or not Re- ceiving Cofts, which depends upon the Circumftances of the Capture, the Fairnefs of the Ship's Documents, and Condud of her Crew ; and neither the Prufftan Com- miflioners, the faid Memorial, or faid Expofition des Motifsy &c. alledge a fingle Reafon, why, upon the particular Circumftances of thefe Cafes, the Sentences were wrong. As to the Lift B. Every Ship, on Board which the Subjeds of Prujffta claim to have had Property, was bound to, or from, a Port of the Enemy ; and many of them appeared clearly to be,. ill ( ao ) in Part, laden with the Goods of the Enemy, either under their own, or fiditious Names. In every Inftance, where it is fuggefted tliat any Part of the Cargo belonged to a Prujftan Subjed, though his Property did not appear from the Ship's Papers, or Prepa- ratory Examinations, which it ought to have done, fuffi- cient Time was indulged to that Prujfian Subjed, to m-ake an Affidavit, that the Property was bona fide in him : And the Affidavit, of the Party himfelf, has been received as Proof of the Property of the PruJJian^ fo as to intitle him to Reftitution. Where the Party wo'nt fwear at all, or fwears evafively, it is plain he only lends his Name, to cover the Enemy's Property, as often came out to be the Cafe beyond the Poffibility of Doubt. It appears by a Letter '-f-^ 1747, from Monf. Andrie to his Prujftan Majefty, exhibited in a Caufe, and certi- fied to be a true Extrad: by Monf. Michell under his Hand, that this colourable Manner, of fcreening the Goods of the Enemy, was ftated in the following Words. " Your Majefty's Subjeds ought not to load on Board Neutral Ships, any Goods really belonging to the Enemies of En gland y but to load them for their own Account, whereby they may fafely fend them to any Country they fliall think proper, without running any Risk : Then, if Privateers commit any Damage to the " Ships (( C( C( (( (( I 33 (ai ) " Ships belonging to your Majefty's Subjects ; you may de^ " pend on full Jujiice he'wg done bere^ as in all the like ** Cafes hath been done^ Lift B, contains Thirty-three Cafe, ► a Two of them never came before a Court of Juftice in Englandy but (if taken) were reftored by the Captors themfelves, to the entire Satisfadion of the Owners. i6 In Sixteen of them, the Goods claimed by the Prujftan Subjedls, appear to have been actually reftored, by Sen- tence, to ihe Mafters of the Ships in which they were la- den ; and, by the Cuftoms of the Sea, the Mafter is in the Place of the Lader, and anfwerable to him, 14 In Fourteen of the Cafes, the Prujftan Property was not verified, by the Ship's Papers, or preparatory Exami- nations, or Claimant's own Affidavit, which he was al- lowed Time to make. «: • .; . •, I And the other Caufe, with refpe(Sl to Part of the 33 Goods, is ftill deper^ding, neither Party having moved for Judgment *. And fo confcious were the Claimants, that the Court of Admiralty did Right, there is not an Appeal, in a fingle Inftance, in Lift B, and but one, in Lift A. :,;. . .. JL 'V J'-. V- r r;n * The PruJ/ian has fincc applied tor Judgment on the igtb of January^ and pbtained Reftitution. To (") ;: Thirdly, To apply the Law to the ¥ hCT. The Sixth Queftion, in the faid Expojition des Motif Sy &c. ftates the Right of Reprifals to be, puifquon letir a fe long Terns dcnie toute la Jujlice, quils etoient fondes de defnander. The faid Memorial founds the Juftice, and Propriety of his Prujfian Majefty's having Recourfe to Reprifals; becaufe his Subjeds, riont pu ohtentr jtifqud prefent au- cune Jujlke des Tribunaux Anglois quils ont reclame s^ ou du Gouvernement auquel ils ont porta leurs Plaintes. And in another Part of the Memorial it is put, apres avoir en vain demande des Reparations de ceux qui Seuls pouvoi- ent les /aire. The contrary of all which is manifeft from the above State, and Lifts hereto annexed. In Six of the Cafes fpecified, If fuch Captures ever were made, the Prujjian Subjeds were fo well fatisfied with the Reftitution made by the Captors, that they never complained in any Court whatfoever of this Kingdom. The reft were judged of, by a Court of Admiralty, the only proper Court to decide of Captures at Sea, both with refpedt to the Reftitution, and the Damages and Cofts ; ading according to the Law of Nations, the only proper Rule to decide by : And Juftice has been done by the (^3) the Court of Admiralty fo impartially ; that all the Ships, alledged in Lift A, to have been Prufftariy were reftored ; and all the Cargoes, mentioned in either Lift, A or B, were reftored, excepting Fifteen, one of which is ftill undetermined. And, in all the Cafes in both Lifts, Juftice was done, fo entirely to the Convidion of the private Confciencc of the Prujffian Claimants, that they have acquiefced under the Sentenced, without appealing ; except in one fingle Inftance, where the Part of the Sentence com- plained of was rcverfed* * ■ Though the Pruffian Claimants muft know, that, by the I^aw of Nations, they ought not to complain to their own Sovereign, till Injuftice, in Re minime dubidy was finally done them, paft Redrefs ; and though they muft know, that Rule of the Law of Nations held more ftrongly upon this Occafton, becaufe the Property of the Prize was given to the Captors, and ought, therefore, to be litigated with them. The Pruf'- fian. 1677, Art. 8. Treaty of Utrecht between Frame and England, 171 3, Art. 17. Trca.ty between England and Holland, 17 Feb. 1668, Art. 10. Treaty between England and Holland, i Dec. 1674, Art. 8. Treaty hcfwecn England and Portugal, 10 July, 1654, Art. 23. Treaty between Ffa?tce and the States General at Utrecht, 11 Jpril, 1713, Art. 26. (^7) and that thefe Ajjur antes were afterwards confirmed in Writing by Lord Chefterfield the ^th of January, 1747- Anfwer. The Fad makes this Queftion not very ma- teria], becaufe there are but four Inftances, in Lifts A or B, where any Goods, on Board a Prujfian Ship, have been Condemned ; and no Satisfaction is pretended to be demanded, for any of thofe Four Cargoes in Lifts A and B, However it may be proper to fliew • jw groundieis ihis Pretence is. Taking the Words, alledged to have been faid by Lord Carteret^ as they are ftated ; They don't 'varrant the In- ferences endeavoured to be drawn from them. They im- port no New Stipulation, different from the Law of Na- tions ; but expreflly profefs to treat the P ruffians ^ upon the lame Foot with the Subjects of other Neutral Powers under the like Circumftances ; /. e» with whom there was no particular Treaty. For the Reference to other Neutral Powers, cannot be underftood to communicate the Terms of any particular Treaty. It is not fo faid. The Treaties with Hollandy Sweden, Rujfiay Portugal, Denmark, Sec. all differ. Who can fay v/hich was communicated ? There would be no Reciprocity ; the King of Prujfia don't agree to be bound by the Claufes, to which other Powers, have, by their refpedive Treaties, agreed. No Prujfian Goods, on Board an Bnemy's Ship, have ever been Con- demned I J1 m (28 ) demned here; sni yet they ought, if the Treaties with Ho/land were to be the Rule between Great Britain and Pruffta \ nay, if thefe Treaties were to be the Rule, all now contended for, on the Part of PruJ/ta^ is clearly wrong. Becaufe, by Treaty, the Dutch^ in the laft Refort, are to apply to the Court of Appeal here. Treaty of Alliance between Great Britain and Holland, at Wejlminjler the 6th of Feb, 171 5-1 6, Article II. * Whereas fbme Di/putes have happened, touching the * Explanation of the 1 2th Article of the Treaty Marine * in 1674. it is agreed and concluded, for deciding any * Difficulty upon that Matter, to declare, by thefe Pre- ' Tents, that by the Provifions mentioned in the faid Ar- < tide, are meant thofe which are received by Cuftom in ' Great Britain and in the United Provinces^ and always < have been received, and which have been Granted^ and ' always are Grantedy in the like Cafe^ to the Inhabitants * of the faid Countries ^ and to every Foreign Nation.^ Lord Carteret is faid twice to have refufed, in which Monfieur Andrie acquiefces^ to give any Thing in Writing, as not ufual in England. Suppofing the Converfatlons to mean no more, than a Declaration of Courfe, that Jufticc fliould be done to the Pruf ( ^9 ) Pmjftansy in like Manner as to any other Neutral Power, with whom there was no Treaty ; there was no Occafion for Inflruments in Writing; becaufe in Efigland t\\ft Crown never interferes with the Courfe of Jufiice. No Order or Intimation is ever given to any Judge. Lord Carteret therefore knew that it was the Duty of the Court of Ad- miralty to do equal Juftice, and that they would, of themfelves, do what he faid to Monfieur AndriL Had it been intended, by Agreement, to introduce, be- tween Prujfta and England y a Variation, in any Particular, from the Law of Nations ; and confequently, a New Rule, for the Court of Admiralty, to decide by ; it could only be done by a Solemn Treaty, in Writing, properly Authorized, and Authenticated. The Memory of it could not otherwife be preferved ; the Parties interefted, and the Courts of Admiralty could not, otherwife, take No- tice of it. * But Lord Chejlerjield\ Confirmation, in a Letter of the 5th of January 174.7, being relied upon ; the Books of the Secretary's Office have been fearchcd, and the Letter to Monf. Mitchell is found, which is verbatim as follows. H a White- ( 30 ) cc (C u a Whit eh ally le 5 Janv*", i747-8» AY ANT eu I'Honneur de recevoir les Ordres du Roy fur ce qui a forme le fujet du Memoire, que vous m'avez remis, du 8 de ce Mois^ N. S. Je *' n'ai pas voulu tardcr a vous informer, que fa Majefte, ** pour ne rien omettre, par ou Elle peut temoigner fcs ** Attentions envers le Roy, votre Maitre, ne fait nulle Diffi- " cultc de declarer, qu'Elle n'a jamais eu I'lntcntion, ni *' ne I'aura jamais, de donner le moindre Empechement " a la Navigation des fujets Pruffiens^ tant qu'ils auront " fbin d'exercer leur Commerce d'une Maniere licite, et " conformcment a Fancien Ufage etabli et reconnu parmi ^' Icb Puiffa^^^.es Neutres. " Que Sa Majefte Prtiffienne ne peut pas ignorer, qu'il " y a des Traites de Commerce qui fubfiftent aduelle- " ment, entre La Grande Bretagne^ et certains Etats Neu- ** tres, et qu'au Moyen des Engagemens formellement " contradtcs de Part et d'autre, par ces memes Traites, " tout ce qui regarde la Maniere d'exercer leur Commerce " reciproquement, a etc finalement conftate et regie. " Qii'en meme terns il ne paroit point, qu'aucun " Traite de V Nature fufdite exifte a prefent, ou a ja- <* mais exift. entre Sa Majefte et le Roy de Pruffe ; W appears to have been afhamed of them. r. . J Third Propofition. 'fhat Lord Carteret, in his faid two Con'oerfatiom^ fpe- cifiedy in your Majejlys Name^ what Goods JhoUld be deem- ed Contraband* '" ■' •'■■■' - - ■' -' ■ Anfwef, The Fad: makes this Queftion totally imma- terialj becaufe no Goods condemned as Contraband, or which were alledged to be fo, are fo much as now fug- gefted to have been Prujftan Property in the faid Lifts A and B ; and, therefore, whether as Enemy's Property, or Contraband ; they were either Way rightly condemned ; and the Bills of Lading being, falfe, the Ships could not be intitkd to .Freight*: :.' , . ^ , . • :. ■ ' ' ' ^ -' "' ■ ■" • f • — ^-^ Bur ( 3^. ) But, if the Queftion Was material, the verbal Declaia- tions of a Miniftcr in Converfation, might fliew what he thought Contraband by the Law of Nations ; but never could be underftood to be equivalent to a Treaty, dero- gating from that Law. • .' All the Obfei-vations, upon the other Part of thefc verbal DecWation^ hold equally a«j to this, . ,;, . . Fourth Propofitlon. . f;: I Yhat the Britifli MiHiJlers have/aid^ that thefe ^ejliom were decided according to the^Lxtws of England. Afifwsr. They muft have been mifunderftood ; for the Law of England fays, that all Captures at Sea, as Prize, in Time of War, ttmft be judgefd of in a Court of Ad- miralty, according to the Law of Nations, and particular Tieatiesj'wher^e there are any. ' . There never exifted a Cafe, where a Court, judging according to the Laws of England only, ever took Cog- nizance of Prize. . , J ,.r, ." ' - The Property of Prizes being given, during the lad War, to the Captors 5 your Majefty could not arbiirarily Keleafe the Capture, but left all Cafes to the Decifion of the proper Courts:, judging by the Law of Nations and Treaties, where there were any : And it never was ima- gined, that the Property of a Foreign Subjedl, taken as ; Prize on the High Seas, could be affeded by Laws pecu- liar to England, Fifth ( 37 ) kft Fifth Propofition. That your Majefty could no more ereSi Tribunals for trying thife Matters than the King of Pruflia. Anfwer. Each Crown has, no doui3t, an equal Right to ercd Admiralty Courts, for the Tryal of Prizes taken by Virtue of their refpedive Commiflions ; but neither has .a Right to try the Prizes taken by the other, or to reverfc the Sentences given by the other's Tribunal. The only regular Method of rectifying their Errors, is, by Appeal to the fuperior Court. This is the clear Law of Nations ; and^ by this Method, Prizes have always been determined, in every other Ma- ritime Country of Europe^ as well as England. ' •/ \ Sixth Propofition. That the Sea is Free^ -■ i : jrr. /' Anfwer, They who maintain tJiat Propofition in its ntmoft Extent, don't difpute but that when two Powers are at War, they may leize the EfFeds of each other upon the High Seas, and on Board the Ships of Friends : Therefore that Controverfy is not in the leaft applicable upon the prefent Occafion. * ?).,. •;♦ •^?r '.»i'-'. ■* •. W4 .-^ * This appears frcrn Groiius in the Paflages above ciwd. Lib. z^. Cap. i. Se£f. 5. Ntt. 4. in his Notes. And Lib. 3. Cap, 6. St^. 6. in His Notes. u K Seventh ( 38 ) .Sexcnth Propofition. (jfQ-n Biiuiii i/fi/cd Rcprlzah dgninfl Sp;^iiiV/(/>:J Account of Captures at t!ea, , /' '; ' ' ■'■'\ 'I'-* " Anfwer, '1 Iicfe Captures \^'crc not made in Time of War with any Power. They were not Judged of by Courts oi' Adiniialty, ac- cording to the Law of Nations and Ireaties, but by Rules, which were themfeh^es complained of, in Revenue Courts : The Damages were afterwards admitted, liquida- ted at a certain Sum, and agreed to' be paid by' a Corr- vention, which was not performed. 'Therefore Reprizals liKied ; hut they were genera!. No Debts due here to Spaniards were flopped \ no Spanijh Effeds here were feized. Which leads to one ObfeBvation more. The King of Prujfia has engaged his Royal Word to pay the Silejta Debt to private Mem. - . . . . ' ._ It is negotiable, and many Parts may have been afTigned to the Swbjedts of other Powers.^ Il: \ViU not be feafy to jfind an Inflance, where a Pfince has tlipu^t fit to make rRepiizals, upon a Debt, due from himfelf to private Men. .There is a Confidence that this will not be don? ; a pri- vate Man len^^ Money to a Prince, upon the Faith of an Engagement of Honour, becaufe a Prince cannot be com- pelled, like .other Men, in an adverfe Way, by a Court of Juflice. ''^o fcrupuloufly did England^ Prance and I ■y^ ( 39 ) JS^jam adhere to this Public Faith, that, even during the War, they fuffered no Enquiry to be made, whether any Part of the Public Debts was due to Subjeds of the E- nemy, tho' it is certain, many Eng/i/b had Money in the Frenc/jFundsy and many French had Money in ours. This Loan to the late Emperor of Germany^ Charles the Vlth, m Jajiuary 17 34- 5) was not a Sta^e Tranfac- tion, but a mere private Contradt wiih the Lenders, who advanced their Money, upon the Emperor's obliging himr felf, his Heirs and Pofterity, to. repay the Principal with Intereft, at the Rate,, in th^ Manner; and at the Times in the Con trad: mentioned, unthoul any Delay ^ Demur r^ DeduSilony or Abatement whatfoever ; and, lefl the Words and Liftriiments made ufeof fliould not be ftrong enough, he promifes to fecure the Performance of his Contrad, in and by fuch. other Ififlruments^ Method, Manner^ Form^ and Wordsy as JJ.wuld be mojl effeSiual and "mlid^ to bind :^e /aid E^nperory his Heirs , Succeffors and Pojlerity^ or as the Lenders fliould reafonably delire. As a fpecific real Security, he mortgaged his Revenues, arifmg from tlie Dutchies of Upper and Loivsr SUcfia^ for I'ayment of Principal and Jncerefl; and the whole Debt, Principal and Intereft, was to be difcharged in the Year 1745. If the Money Could not be paid out of tlie Re* venues of Silefta^ th« Emperor, his Heirs and Pofterity, ftiil remained Debtors, and were bound to pay. '\\\^ •, • Evidion (40 ) Evi£lion or Deftiudion of a Thing mortgaged, don*t ex- tinguiili the Debt, or difcharge the Debtor. Therefore the Emprefs- Queen, without the Confent of the Lenders, made it a Condition of her Yielding theDut- chies o^Sihfta to his Priijftan Majefty, that he fhould ftand \\\ the Place of the late Emperor, in Refped: of this Debt. '1 he Screnth of the Preliminary Articles, between the Queen of Hinjga?y and the King of Prtijfta^ figned at Brejla-Cy the i ith oi June^ 174-2, is in thefe Words; " Sa <^ Majcilc le Roi de Prujfe fe charge du feul Payement *' de la Son me hypothcquce fur \^ Silejie^ aux Marchands " Aitglois^ feio'^ le CoiitraEi figne a Londres, le qme de " Janvier, 1734-5-" This Stipulation is connrmed by the Ninth Article of the Treaty between their faid Majefties, figned at Berlin^ the 2 8thof yi5^/v, 1742. Alfo renewed and confirmed by the Second Article of the Treaty between their faid Majefties, figned at Drefden^ the 2'c^x\\oi December^ i745' In Confideration of the Emprefs Queen's Ceflion, his Prujfta?t Majefty has engaged to her, that he will pay this Money, felon le ContraEl^ and confequently lias bound himfelf to ftand in the Place of the late Emperor, in Re- fped of this Money, to all Intents and Purpofes. The of ut- ind this hi IS The ( 41 ) The late Emperor could not have feized this Money, as Reprizals, or even, in Cafe of open War between the two Nations, becaufe his Faith was engaged to pay it, without any Delay^ Demur r^ DeduBion^ or Abateme?it whatfoever» If thefe Words fhould not extend to all pof- lible Cafes, he had plighted his Honour to bind himlelf, by ' jy other Form of Words, more effectually, to pay the Money ; and therefore was liable at any Time to be called upon, to declare exprcfUy, that it fhould not be feized as Reprizals, or in Cafe of War ; which is very commonly expreffed, when Sovereign Princes, or States, borrow Mo- ney fror Foreigners. Therefbre, fuppofing for a Mo- ment, that his Prujfftan Majefty's Complaint was founded in Juftice, and the Law of Nations, and that he had a Right to make Reprizals inGeneralj he could not, confiftent with his Engagements to the Emprefs Queen, feize this Money as Reprizals. Bcfides, this whole Debt, according to the ContraB^ ought to have been difcharged in i745» It fhould, in Refpedl of the private Creditors, in J lulice and Equity, be confidered, as if the Contrail had been performed; j;jf^ the Pr/{^<3^ Complaints don't begin till 174.6, after the v! ole Debt ought to have been paid. Upon this Principle of natural Juftice, French Ships^ and Effeifts, wrongfully taken, after the Spanip War, and before the French War, have, during the Meat of the War with France^ and fince, been reftorcd by Sentence of L your ( 40 your Majefly's Courts, to the French Ovviicfs. No lucli Ships or EfFedls ever were attempted to be coufiicatcd, as Enemies Property here, during the War ; beeaufe, had it not been for the Wrong iirft done, thefe Effeds would not have been in your Majefty's Dominions. So, had not the Contract been firft broke, by Non - payment of the whole Loan in 1745, this Money would, not h^ve been in his Pruffian Majcfty's Hands. ^ f. r . r- Your Majefly's Guarantee of thefe Treaties is entire, and muft therefore depend upon the fame Conditions, upon which the Ceilton was made by .' l)mprefs Queen. But this Reafoniiig is, in fome Mealwe, fuperfluous ; beeaufe, if the making any Reprizals up'^»"> liiis Occafion, be unjuftifiable, which we apprehend we have fhewn, then it is not difputed, but that the Non-payment of' this Money would be a Breach of his Pruffian % Majefty's Engagements, and a Renunciation, on his Part, of thofe ' Treaties, \ ^ ■. . . , M \ ■^v^ 1 - i > / . All which is moll humbly fubmitted to your ; .' " Majefty's Royal Wiidom. ;;. J [.f-;; h :r *i i ]. \ ^ t ' ki-t fID/ Si..» r Geo. Lee. ) .,^{[ G. Paul. ! V D. Ryder. ; ,.r W. Murray. )[; January 18, 1753. LJll ■0 •■ t (43) TRANSLATION of th E«r/ ^/ Chcftcrfidd^s Letter to Motif. Michell. . SIR, Whitehall, Jiw. 5, 1747-8. HAVING had the Honour to receive the King's Orders upon the Suhjed of the Memorial, which you deliver 'd to me on the 8th Inftant, N. S. I v^rould not delay informing you, That His Majefly, in order to omit nothing, whereby He may flicw His Attention to the King your Mafter, makes no Difficulty in declaring, That His Majefty has never had, or will have, any In- tention, to give any Interruption to the Navigation of the Frujjian Subjeds, as long as they fliall take Care to carry on their Commerce in a lawful Manner, and conformable to the ancient Ufage as eftablifli'd and acknowlcdg'd, amongft neutral Powers. ' His PrtiJJian Majefty cannot be ignorant, that there are Treaties of Commerce adually fubfifting between Great Brita'ui and certain Neutral States, and that by Means of the Engagements formally con- traded on each Side by thofe Treaties, every Thing relating to the Manner of recifirocally carrying on their Commerce, Jias been finally fettled and regulated. At tl^e farae Time, it does hot appear that any fuch Treaty exiib at prefent, or ever did exift, between His Majerty and the King of Fruffia : Neverthelefs, that has never hindered the Prufficin Subjeds lacing favoured hy England, with refped to their Navigation, as much as other Neutral Nations : And His Majefty does not fuppofe, that the King your Mafter means to require Diftindions from His Majefty, much lefs any Preferences, in Favour of His Subjeds in this Point. His Pruffia?! Majefty is too well informed, not to know, that there are in this Government fix'd and cftablifti'd Laws, which cannot be departed from ; and that in Cafe any E?iglijh Ships of War fliould commit the leaft Injuftice to the Trading Subjeds of the King your M Mafter, - ( 44 ) Mifter, here Is a Tribunal, viz. The High Court of Admiralty, where they have a Right to apply, and make their Complaints ; and they may be previoufly aflured, that, in fuch Cafe, impartial Jufticc will be adminiftred to them j the Juridical Proceedings of the faid Court being, and having ever been, unimpeach'd and irre- proachable, as appears by numerous Examples of Neutral Veflels il- legally taken, having been reflored, with Cofts and Damages, to the Proprietors. This is the Anfwcr the King has ordered me to give, upon the Contents of your faid Memorial j and His Majefty cannot bi t flatter himfelf, that, in Confequence hereof, the King your Mafter's Defirc will be fully anfwered, with relation to the Point in Queftion ; and of which His Majefty is the more aftured, as he is perfuaded that ♦he King of Prujia would not require any Thing, but what is Equitable. I am. With much Confideratiorii SIR, Tour mo fi obedient^ 'And moji humble Servant , CHESTERFIELIX I V (45 ) TRANSLATION of Mr. Peter TrapaudV Declaration of his having made SatisfaSlicn to the PruiFians for the Damage received by the Ship St. John, N"" 1 6. in Lijl A. IN the Expofitlon, which his Priiffian Majefty has publifli'd, of fuch Ships of his ''abje,'> Thofe who underftand the Navigation, and Fitting out of Ships^ muft allow, that the 'Prufjian Owners will find themfeives more tliaat reimburfed for all their Pretenfions, by Means of the 839 Florins 1 o Stivers, Holland Currency, which I have paid them ; and that they cannot, with any Foundation, make any othfcr Demands,.-, .'it All that I have alledged above, can be verify'd by authcntick Vouchers, (except the Prefents or Gratuities to the Captain and hi^ Crew, amounting to 115 Florins 10 Stivers, for which X took no Receipt.) In Witnefs whereof I have figned this prefent DeplaraJ tion. Rotterdam, Jamtary ^,0^ 1753. * '^ J.'.UiJ ot . " '■ ■■ ■ ^ '■'■ -r^-v'l (''.'■ fel'W Peter Trapatid^ Tun'''-M .4iJ IJ iiks. m ft War, as well thofe detained for Examination ts of Great-Britain thereupon, tall vino- wirK liic P-,./;;^* .) I V,-. -fc r' • »• , . T, r; • ,•(-■ ...I.. - i iliiiiii— »— — w J / "J" #a^-+i>ai4^iifiMv^it(i^!L;, V a«£^v»^»^i^"afcX^i**'^ ^^F" ■? \ 4 *» LIST of all the Pruffian Ships taken by Eritijh Armaments at Sea only, as thofe judicially proceeded upon, together with the Judgments given in tl Majefty's List marked A.' N° of Ships. ?yA%'>- -r- 1 I 2 3 4 5 6 7 8 9 10 II 12 13 Ships, which (if taken) were reftored by the Captors, upon Exami- nation, without either Party applying to a Court of Juftice. Ships and Goods re- ftored, with all Cofts and Damages attending the Capture. La Frcdcrique Amitie, Capitaine Sprenger. La Catharine Chriftine, Capit. Frederick Berend. Mbi^B *a^ Ships reftored with Freight, according to the Bills of Lading, for fuch Goods, which were found to be the Proper- ty of the Enemy, and condemned as Prize. L'Anne Elizabeth, Capit. Daniel Schultz, Cofts and Damages, 2801 /. izs. id. Ships and Goods n ftored , but withoi Cofts, from Circun: ftanceb arifmg from x\ Cafe. L'Aigle D'Or, Capit. Onne Arends, La Dorothee Sophie, ents at Sea, during the lall War, as well thofe detained for Examinatioi nts given in the Admiralty Courts of Great-Britain thereupon, tallying with his Prujjian lips and Goods re- d , but without s, from Circum- :eb ariling from the Ships and Cargoes reftorcd, paying Cofts. In thefc Cafes, it either ap- peal 2d, that the Ship had not the ufual Evidence of IVoperty, according to the Cullom of the Sea ; or fiom the Ship-Papers, or Examination of the Crew, I there appeared jufl Reafon to . prefume the Cargo to belong to the Enemy, and the Neuter Claimant, declined proving his Property, by ftridt legal Evi- dence J and obtained Reftitu- tion, on the Faith of his own Alffidavit i and, in thefe Cafes, Courts of Admiralty have al- ways made the like Decrees. Cargoes, or part of them, condemned as contraband, and not now alledgcd, in Lift A or B, to have been Prujjian Property, and therefore were certainly Prize of War. Appeals from the Ad- miralty Decrees. Les Jumeaux, Capit. Kruth, La Dame Julienc, Capit. Martin Preji. Le Frederick IL Roy de Pruffe, Capit. Chretien Schultz. Le VaifTeau au bon Vent. Capit. Michel Jurianfen. La Daageroud, Capit. Martin Sperwien, Les Deux Freres, Capit. Jon Hallen, Lc Soliel D'or, Capit. Jacob Ri/der, Le Frederick II. Roy de Pruffe, Capit. Chretien Schultz, Lc Jeune Andre, Capit. Henri Barckhorn, mm 3 4 5 6 7 8 lO II I 14 15 i6 17 i8 L'Anne Elizabeth. La Catharine Chriftine, Capit. Frederick Berend, Capit. Daniel Schultz, Coftsand Damages, 2801 /. lis. \ d. Le St. Jean *, Capit. Jea?! GroJJe. Le Jeune Tobie, Capit. Paul Otto. L'Aigle D'Or, Capit. Onne Arends, La Dorothea Sophie, Capit. Piere Kettclhuth. La Deux Freres Capit. Aug. Augujlinus. Le Petit David, Cap. Michael Bugdahl, * On the ^d of February, the Duke of Newcaftle received a Letter from Mr. Wolters, Hi DANS I'Expofition que Sa Majefte PruJJienne a donnee au Public, des Vaiffeaux de fes Sujets pris par les Jnglois dans 1 \GroJ}, y eft notte comme ayant re^u quelques Dommages, au Prejudice des Proprietaires PruJ/jens. Comme le fait m'eft connu, [fervir ou 11 appartiendra. D'ailleuis, Je nc puis compiendre, comment les Sujets Prujftem ofent demander un Dedommagement, q Dans le Mois de Novembre 1747. Je fis fretter a Bordeaux, et charger a Libonrne le dit Navire avec 158^ Tonneaux de Vin blai I \A il fut rencontre par le Corfaire AngWn, nomme le Prince d' Orange^ qui envoya a bord du Navire Prujfun fix Hommes de fon I 12. du dit Mois, etant a I'Ancre fous les Cingles, il s'eleva une furieuleTempcte de la Part du W. S. W. qui obligea le Capitaine Pr Igagner la Mer. Ce Navire entra enfuite dans le Pallage de Brotverjha-je en Hcllmde, le 15'. du dit Mois de Decernbre, fans avoir eu du fufd*. Mois. Tout ceci eft conftate par la Declaration du Capitaine et de Ibn Equipage, paflee, le 4 Janvier 1748, pardevanc feires de la Chambre de la Marine. ,;,-; ,;, Apres que le Navire fut decharge, le Capitaine me fit fournir fon Compte d'Avarie grofle, dans lequel il portoit les Articles fuii 1. Pour la Perte de fon Cable, et de Son Ancre. 2. Pour la Nourriture de 8 Jours a 6 Hommes qui avoient ete mis, par le Corfaire Jnglois, fur fon bord. > J. Pour un Pafleport que Je lui fis donner a la Haye par I'Envoyc de PruJJ'e, qui couta 3 a 4 Florins. e lui payai, pour ma Portion, dans cette Avarie grolTe, 704 Florins, Argent courant d^Hollande, en outre 105 Florins dent J Outre tout ceci, II m'en a coute 20 Florins ou environ, en Anghterre^ pour autant que MelF». Simond Freres avoient debourfe par Ceux qui fe connoiflent en Navigation, et en Armemcnt de Navire, ne pourront difconvenir, que les Proprietaires Prujfiens fe leurs Pretenfions i et s'ils peuvent, avec quelque Fondement, en demander d'autres. Tout ce que J'avance ci deflus peut fe verifier par des Pieces authentiques, (a la referve des Prefents, ou Gratifications) au Cap figne la prefente Declaration. Rotterdam, ce 2,^ Janvier 1753. The above Declaration was figned in my Prefence j and the original Vouchers, quoted in the fame, have been produced to m La Dame Juliene, Capit. Martin Prejl, Le Frederick II. Roy de Prufle, Capit. Chretien Schultz. Le VailTeau au bon Vent. Capit. Michel Jurianfen. capii. IV WW. La Daageroud, Capit. Martin Sperivicn. Les Deux Freres, Capit. Jon Hallen. Lc Solid D'or, Capit. Jacob Ridder, Le Frederick II. Roy de Prufle, Capit. Chretien Schultz, Lc Jcune Andre, Capit. Henri Earckhorn. Petit David, lichael Bugdahl, Lc Petit David Capit. Michael Bugdahl. \ n Mr, Wokers, His Majeftfs Jgent at Rotterdam, enclofing the following Declaration : lar les Jnglois dans la derniere Guerre ; J'ai remarque dans la Lifte A. No i6, ue le Navire le St. yean, Capitaine Jean I le fait m'eft connu, ayant ete feul Proprietaire de fa Cargaifon, Je veux en cette Qualite rendre Temoignage a la Verity, pour I Dedommagement, qu' ils ont deja plus que re9U, cou. ne Je vais les en convaincre. ronneaux de Vin blanc. Le i" de Dec. fuivant, ce Navire mit en Mer; Le ii. du dit Mols, II fe trouva "k la hauteur des Dunes; fix Hommes de fon Equipage, et fit venir a fon bord le Pilote Prujfmi avec les Papiers de mer, pour en faire I'Examen. Lc bligea le Capitaine Prujpen^ du Confentement de fon Equipage, et des fix Jnglois pour lors dans fon bord, de couper le Cable pour ^ecembre, fans avoir eu d'autre Dommage que la Perte d'une Partie de fon Cable, et d'une Ancre, et arriva enfuite a Rotterdam le 2i«. invier 1748, pardevant Jacob Bremer, Notaire Public dans Rotterdam j enfuite fermentee, le 6« du dit Mols, pardevant les Commif- ortoit les Articles fuivants : ' . e 105 Florins dont Je fis Prefent au Cap^e. Grofle, et 10. 10 ». auffi de Prefent aux Matelots, qui compofoient fon Equipage, avoient debourfe par mon Ordre pour le Pilote PruJJien qui etoit refte ^ bord du Corfaire, lorfque la Tempete les fepara. oprietaires Prujfiens fe trouvent, au Moyen de 839. io»; courans ^Hollande, que Je leur ai payes, plus que rembourfes de toutes Jratifications, au Capitaine ou a fon Equipage, Montantaii5. lo*. dontje n'ai pas retire de Quittance,) en vertu dequoi J'ai - .^-i^* . Pierre Trapaud, le Jeune, e been produced to me. Witnefs my Hand and Se&\.^Rotterdam, January the 30/*, 1753. /?, fFolters. (L. S.) i '''m i w hofe Cargoes the Subjeas of PruJJia :y's Courts oi Admiralty th creupon joods, tallying For what Caufc ,nnpa h-H -h ^^-m* — ^^mw^^f^f-^. tf^-'. ^^T^.i^S!? ..f«5«: I J — ' LIST of all tn'e Neutral Ships, taken by B?'iiijb Siiips c Claim to have been intcrcftcd ; tDgctlicr uirli ihu Jiul{rincnts given by with his PrulJian Maiclh's List r.iar'kcd U. urine N" S 9 U) iS 21 H 26 2S 3' Sliips Ni'.iiics. l! tir.:;.';i, v; K.;'.-a, l^y i:-.i' Ciiptdi's, on K- .imiiuiC'i, witl'.o'.it cillivT i';'i •',■ ••.■. ;'v Cipiiaiiu- B'.is Sxc>;ft-n. I.c N.iliring, C'aiiir. H'lrlitii li-:tiri>u'.n. 1 ,C Dcllloilcllc JlMIK', C'apit. 'Joiiiivm Pi\>\ Li' CiillhavLiUT Wciti't, Capit. Ji'i'?! llc.iiic. l.Wi-.ne Kli.'.abL'tii, Capit. C.hrnic'! \U:ii. Lcliuliavc l^llll^■ Koyal Ca|iii. Hc:y:'.c:.- Mub:. 1a Ji'iiLL' Bfiiiaiiiiii, Capit. //.;■;/ Xif.fJ.iiUri;. I.c 'r, iiRL' I' Kilcriik, C.'.p.it. y:'..»» }/i,r.'i:i. '111. \x \iaiic Jnii-ph, Ci'.iit, J-tAiicr Ihif^c. Capit. y.'V.'W Sii-uihii.i.>}n. 1 .(' Nt-ptuiH', C'apic. bonder Ihercii. l.e .St. I'.iul, • Capit. Cittt llin/uhrcn. La Cuuioiiiic, C\i).it. P:mc Caf-n. 1 .1 Dcmiiilil'i' C'atlu'rine, C .ipit. H'slthe lie I riis. J ,a C oiii ordf, C.ipit. C7<7(-.'- Ekhels. I. a leaime, Capit. (icri.-ard Roger J'.Uig. L'.\niiric, Capit. Jiw. i^r.mann. 1.1- jcuiic l'ri,!if Chicticn, Capit. J,;;>i Cv >:,;,'(■ Leuivtn. La DfMV. .M,ufi;utTitf, Cap'f. lUnri BulinUrg. Lc Roxi^i, Capit. PiiTie Clajen. La Mo-'ir Supliie, Capit. Chretiot Gregejfen. L'.Xfuc Sophie, Ca[)it. Ihnii Ihni dc l!\!gaft. Lx Hop ik- Dan/ig, Capit. Ccnrndc llarlr.ch. Lc Jcunc Jcaiic, de Pc.'trsbourg., Capit. 1'!. ms infers. Le Gtfgoir ct cic Brcmi', Capit. Juioh A fuller. I..a Jcunc Catherine, ComniamUc p.ir le Cap>t. Kiippir, cntiiitc par le Capt. Klki-r. I. a Six Socurs, de Ltibcck, Capit. Pierre Zaan. La Ste. Anne, de Ilamhcurg, Capit. .'llrraham Pfterfoi. L.e Jeiinc LUiert, de Uambonrg, Capit. Giifpet Auven. Le Jutle Henri, de Ilambourg, Capit. Henri Elkes. L'Klizabcth, Capit. !^oereti Paterfeti. I ,a Dcmoifelle Claire, Capit. Ihrmnn CJajfert Pritjl. L'Adolph i'rcueric, Capit. Jenas de Uafpcn. In what Voyajjc taken. C lite lo Akciii RiH !ul!e tu Boiiri.'eaux 1 Ia:i:hoiirg to Cadiz - ! lanil^jurg to Cailiv: ~ 1 Limlioiin; to Cadiz - ! l,.:iiboiirg lo Cadi/. - H.iir.lour!, to Caul/. - as to Rellon Ucllon Rcltorc Rdlort Rclloit Rcllore Kcilor 1 '...nib('Ur(f /.-; Bilboa i.yd \ Rcllorc H.\y(-n:ic I l.imboiirj to CaiH/. ■ Rt :Vo.c IV.iinVaiiX !c Hambourp, — Rcdore N'.u.rs /i 1 lanibturg Ueltore N.in;^ lc Ilambouri; — N.i..'^ to 1 l.inibourg — Kc. IkIIc to Altena Rclealul, Releafed. — Riltoiril Kclloio IWloie. Reftorci Cliaieate to Hambourg — Rcftorct Kochcllc lc Ilambourg Rochcllc to I lambtufg — M.iifiilks to HL'.niboiirg • ri-uiLkaax to Ilambourg — Rcllorci Rertore( Itcitiirct dcji.rdeaiix to 1 lambourg — | l^i.lloiei Ro> hi lc to 1 lambourg — Hourdij.uix to Konii'.gfl e,!' I f'oiirdcaux ic I,)r.,itzi>.k Bouideajv to Mamboing — IJoiirdeaux to I lambourg— ij. Jiulgincnt, as tulioods, Rdlored Rcltored Rdtorcd R(!!.)K'd irg to Cadiz -- iri; lo Cadi/. - ) ir^ to Cadi/. Rcllorcd iri; to Caul/. : Kt-ilorcd Rcilond i;r C 10 Caiiiz Rilh.red Rdlo;cd Rcllorid — Riilonxl Kr lVo;al uix .V Hanibuuri'; — Rcllorcd 1 . , ; Hambourg RcHoivd IIambt)urj; • rs 1 1.iniboiirg ■ v.- to Altena - Parr rcllorcd — I'art Kindcmnci! I'a: t rcitoivd Parr coiulciniitii I'art rtfliircd — r.irt ' (>ndci'iiiici! Ui-lhiu'd For what Caufc. Ivcllorid Rdiorcd- R(:lK)rcd Rdlorcd- e to Hambourg Reftorcd- c to 1 lambourg — Rcllorcd c to Ilambcufg to Hanibiiiir;.^ — |ui\ to Hambourg — luix to I lambourg — |c to \ lambourg ii\ io Kunillgfl:iM; I lu.'c io I.).-ui'zi^k |u\- to I lainl-KJiiri;, — lux /o F lambourg— MX to 1 1.iinbourj; — lix to I.Ail-1 ck lix /. llambouig — 1 lambourg - ■ ■■ lix io I lanibourg— Irg to Bourdc.nix Irg :o Roan Rcllorcd I'iclli.jrcd Rcllr.rcd Rcllmid Rcil.icd P.nr n llurcd IV'.rr loiuicmiicil — Kdlo.cd . I'.nr rclliMcii riK-rdl lliil del' :. |<,.|),,,,d Is to 1 lambourg — Rdbncd- licftv.rcd- Rdl.icd Rclloicd Rcllorcd Rdli)r"d Rcllorcd Rcllorcd - Udlorcd- Rcllorcd- !>..rt rrllorcd I'.u; co.ul.^uincd I'.ir rdiorcd r.nt cDr.dcinncd I'.irt rd'.orcd I'art I'oiidcmiic*! I'art icllorcd — i'art toi'dcmncd Kcll^lcd I'arf rcllorcd — ^- art KJiulciuiicd i- Kdlorcd i'art rcllorcd — . — I'art < oiidcmncd *— On .Miidavits of tl'e I'ropcrty. On .Vllida\ its of the Property. On AlHdavits of tlic Property. Oi- Affidavits of Proj.erty. Oi Affidavits of Property. Wint or Affidavits as to the Property O^: Affidavits of Property. \\.int of Affidavits of Property. Oil .\ffidavits of Property. Wa.'.t of Affidavits of Property. 'Oi Affidavit of Property. i\\ tiic Siii,)- Papers. Lu\ Affidavits of I'roj crty. Want of .Allid.ivits of Piopcrty. On .Affidavits of Pro|K-rry. On .Affid.wits of Property. Want of Affid.ivits ot Properry. On .Alfidaviis ot Pioperty. i.)n .Affidavits of Pioperty. Want of .■\inilivits ot Property. On .-Viridavits ot Pro[ crty. Want ot AtHdaviis of Property. C>n .Affidavits of Property. Want ot Affidavits ot Property. On .Mfafivits of Property. Want ot Affidavits ot Pro[)crty. t):i AHiJavits ot Property. On .Atlidavits of Property. Want ot AlFidavits of I'roperty. On AlRdaviis ot Property. On Affidavits of Pro[X-rty. Want of Affidavits ot Projwrty. Rdh):ctl Rcllorcd i'art rcllorcd • — Part eondemncil Rcllorcd - On Affidavits of Property. On .-Xffidavi's of l*roj)erty. On -Affidavits of Projicrty. Want of Affidavits c.f Property. Part rcllorcd — l^irt condemncii I'art rdlorcd — ['art condcmntd Part rdlorcd —— I'art toiuicmned Rdlorcd Itdlorcd Rdlorcd On Affidavits of Prtux-rty. On Affidavits of I'roperty. Want ot y\ffidavits of Property. On .AtHdavits of Property. Want of Affidavits of Proj)erty. On .Affidavits of Property. Want of Artidavits oi" Property. On Affidavits of Property. On Affidavits of Projierty. • On Affidavits of Property. Appealed. .ilty, and Sentence prayed on the Part of the PmJJ'mn Ciai nant, and the Goods were decreed to be reftored.