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Copy of His Majesties Letter To the Lords of Session, anent the Palm-Tree and Patience.
JAMES R.
RIGHT Trustee, and Right well Beloved Cusins and Councellors, Right Trustee and well Beloved Counellors, and Trustee and well Beloved, We Greet you Well:
Whereas by your Letter of the 28th day of January last past to Our most d••ar and most entirely Beloved Brother lately deceased, you have Re∣mitted the Queries therein contained, touching the Process relating to the Patience and Palm-Tree, to be determined; Separatly for your greater Clearness, and altho We find the same Queries jointly Remitted to his said late Majesty, in the Year 1680 and 1684, Clearly and Positively already Determined; Yet We being most desirous to have these tedious and troublesome Processes put to an end, have separatly Resolved the same as they are now stated by you, viz. First whether or not the want of Passes conform to he Formula appointed by the Twentieth Article of the Treaty with the King of Denmark is sufficient alone to Confiscate the Ships and Goods, albeit it be there∣after proved that they belonged to the Subjects of Our Allies. Secondly, If the Fraught-brief according to the Duplicat sent hither is a double Document, and sufficient alone to Confiscate the Ships and Goods, albeit it be thereafter proved that the Property belonged to Our Allies. And Thirdly, If the said Fraught Breiff being Concealed at Sea the time of the Capture, and there∣after Exhibited to the Judge at the Tryal by the Reclamers if that be a con∣cealed Document, and sufficient alone to Confiscat the Ships and Goods, al∣beit it be thereafter proved that they belonged to Our Allies. As to the first, The want of a Pass Conform to the Formula, is not of it self a sufficient Ground of Con∣fiscation, but a good Ground of Seazure, and bringing the Ship up in order to an Examination, whereupon if it be proved it belonged to an Allies, the Captor is to be allowed his Coasts and Damages.
As to the second, The Fraught Breiff is equal to a Double Document, because it bears double Ports of London and Holland, then in open Hostility, and cannot be otherways understood, than if there were a separat Fraught. Bre••ff for each of the two Ports, and is a sufficient Ground alone to Confiscate both Ships and Goods, according to the third Article of the Instructions to our Admirality, and the said Letter in the year 1680, and Admits of no Probation to the Contrary. And as to the third and last Querie, We find the Concealing at Sea, the time of the Capture, of any Do∣cument, is sufficient alone to Confiscat both Ships and Goods, and Admits of no Pro∣bation thereafter to the contrary. And now upon the whole matter, We do find that the sa••d Two Ships and Goods, were in Our High Court of Admiralty there, upon the foresaid Grounds and Reasons, Justly Condemned to be Good and Lawful Prizes, as wanting Passes conform to the Formula, and having no Pass at all for that Voyage; as al••o having double and Concealed Documents, which jointly are Ʋnquestionablie of such Force by the constant practick of our High Court of Admirality here, the Law of Nations, and the said two Letters Explanatory as ought to have Excluded all Probation to the Contrary. Therefore it is our Express Will and Pleasure, and we do hereby Ordain and Require you notwithstanding of any former Probation to the contrary) to give your final Sentence and Determination in that Process, upon the Grounds and Reasons abovementioned, without any furder delay; And to Record these presents in your Books, to be a rule for the future in the like Cases, for both which this shall be your Warrand: And so we bid you Heartily farewell.
Given at our Court at Whitehal, the 28th day of February 1684, and of our Reign the first year.
By His Majesty's Command, Sic sub∣scribitur. Drummond.