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A true State of the Case concerning Sir EDMOND TURNOR Kt. and GEORGE CAREW Esq;
DEPENDING Upon an especial Appeal, to the Judges Delegates, with adjuncts from a Sentence pronounced against them, and others in the Admiralty Court, at the Instance of Jacob Neitz, Andreas Vanden Bogaerd, Michael Vander Plancken, and others, Subjects of the King of Spain.
THe King of Great Britain; in the year 1665. having granted special Let∣ters of Reprisals, against the States General and their Subjects (for the reasons therein contained) under the great Seal of England, unto the said Sir Edmond Turnor, and George Carew; and their Assigns, to continue effectually in force, until the sum of 151612 l. sterling, should be recover∣ed, with Costs and Damages; wherein His Majesty, signified his Will and Pleasure to be such. That all Iudges, Officers, Ministers, and Subjects of England, should be Ayding and Assisting therein; and to take care that the said Letters Patents, and Commissions thereupon, should be favourably interpreted, and construed in all respects, to the benefit and best advantage of Sir Edmond Turnor, and George Carew, their Executors, Administrators and Assigns; as by an authentick Copy of the said Letters Patents hereunto annexed appears.
At the importunity of several Persons interessed, in the said Letters Patents, for whom the said Turnor and Carew were nominated and intrusted. An Exemplification of the said Ori∣ginal grant; was delivered to one Captain Tyrence Birne, by the said George Carew to put the same in Execution, according to the force and effect thereof, against the States General and their Subjects. Whereupon the said Carew, only indorsed an appointment upon the back side of the Exemplification in these words (viz) I the within named George Carew, do here∣by constitute, assign, and appoint Captain Tyrence Birne, Commander of the good Ship the Royal; mentioning therein the burthen, number of Men, Guns, and time of victualling, to do, and Execute all and every such Act, and thing as by him the said Birne may be done, Exe∣cuted and performed; by virtue of the said Letters Patents, In witness whereof, the said Carew set his Hand and Seal. The said Captain Birne, promising to procure Sir Edmond Turnor to sign the same, which the said Birne neglected to do.
In pursuance of the said single appointment, Captain Birne pirocured Jonathan Frost, and other his part-owners, to set forth the said Ship to Sea; and consequently in or about the Month of August 1666. near Portland Bay, He seized a Fly-boat, laden with Wine, Salt, &c. lately named the Godlive of Brugis, coming from France, and bound for Amsterdam; and carried the said Fly-boat into the Harbour of Chichester, from whence he sent to Mr. Suckling his Proctor for a Commission to examine the Master and the Seamen, who confessed themselves to be Hollanders born, the Ship Dutch built, and the goods cousigned to Dutch-men. Then upon return of the said Commission from the chief Magistrates of Chichester; the Iudge of the Admiralty, pronounced that there was good cause of seizure, and condemned the pretended claimers in the expences; But in regard one Peter Gerrard claimed the Ship and Goods, for the accompt of Jacob Neitz, and others, Burgers and Inhabitants of Brugis in Flanders; an Order of Court was made (the Goods being perishable,) that both Ship and Goods should be restored, upon Bail to abide the Sentence, upon hearing the cause; which the Claymer re∣fused to give, pretending, that before the Ship was taken into the Vice-Admiralls custody, or Wayters of the Custom-House put upon her; that much Salt, Wine, and Saffron, was im∣beazelled. Whereupon they Arrested Captain Birne, by Writ out of the Admiralty for 1000 l. damages, and committed him to the Marshallsey, who gave good and sufficient Bail by two Citizens of London, to answer the said Action.