The Owners of the Ship called The Crown of Dantzick v. Captain Lyon
Date: 23 January 1673 Case No. No 18.
A prize sustained, because the pass did not mention to what part.
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Captain Lyon having taken a ship called the Crown of Dantzick, obtained adjudication of her as a prize. The strangers raiseth reduction; whereupon, the Lords having heard the cause, they found, That the evidences adduced for the Captain did sufficiently prove that the ship and goods were not free, but belonged to the King's enemies, in so far as the pass did not mention the port to which she was direct; and a tole-brief found in her exprest the port to be Bream, and the skipper's oath acknowledged that the port was Amsterdam, which was concealed in all the documents; and the skipper's oath did redargue the truth of the pass, which bore the skipper to be a burgess of Dantzic, and exprest the names of the owners; but the skipper, by his oath, did acknowledge that he was a Hollander, residing in Holland, except when he was on his voyages, and that the owners were other persons than those who were in the pass, and that he knew no other owners beside them; and so knew not but the King's enemies might be part owners; and that the steersman was by nation a Hollander, and one of the seamen; and that their port was Amsterdam, where the skipper was to receive his freight from the merchants to whom he was to deliver his goods; and that she neither had charter-party nor cocquet.
Which the Lords found so pregnant evidences, that they would not admit of contrary probation; but they did forbear to determine whether the skipper's being a Hollander, residenting there, was a sufficient cause alone, or whether the carrying victual, as contraband, to Holland, was a sufficient cause of adjudication, having by their former interlocutor, in the case of the Sun, (supra) resolved to inquire further as to these points.
