The Master of the Ship called the Rustock v. Captain Brown
Date: 26 February 1673 Case No. No 24.
Contrariety of documents.
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Captain Brown having obtained the ship called the Rustock to be adjudged prize, the strangers raise reduction, on this reason mainly, That albeit this ship had made use of a Swedish pass, dated in anno 1670, to prevent their hazard, if they were met with by the Dutch, and that the oaths in process contradict the pass, and shew both ship and loading to belong to Londoners, his Majesty's subjects, which, as to strangers, might have been a ground of adjudication, yet not as to the King's subjects, who may, and must trade under cover of Swedish, or other free passes, or otherwise can drive no trade considerable; and, by a tract of many documents produced, it appears that the ship and goods belonged to Londoners, especially an act of naturalization of the ship in anno 1670, being by the King's warrant bought by Londoners from the Swedes, and the documents, upon oath, of several voyages made by the same ship from London, as belonging to the said Londoners, together with the oaths of the owners and merchants, taken after the capture.
The Lords found, That there was just ground for bringing up and trying of his ship, and that notwithstanding of the contrariety of the documents, admitted probation for the King's subjects, that the ship and whole loading belonged to them, by documents and witnesses above exception, but not by the oaths of the parties, taken since the capture, or to be taken.
