Prize sustained, because the ship wanted a pass, and the skipper acknowledged himself a Dutchman, and part owner.
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The ship called the Elsinburgh was found prize, because she had no pass for the present voyage, but a pretended extract of a pass from the city of Elsinburgh, without the seal of the city affixed; and because, by a letter found aboard from an uncle of the skipper's, residenter in Amsterdam, it did appear, that he had given the skipper order to buy a ship, and procure for her a Swedish pass. The skipper acknowledged also, by his oath, that he was a born Hollander, and that he left his wife lying-in at Amsterdam, and that sometimes she had been before with him in Sweden, and sometimes in Amsterdam, which was not found to instruct his residence in Sweden, albeit he produced a burgess-brief, and he acknowledged himself to be a part owner of the ship.
July 18.—Captain Douglas having taken a Swedish ship called the Castle of Elsinburgh, she was adjudged prize by the Admiral. The strangers raise reduction, which being disputed, the Lords found the ship prize upon these grounds, that she had no pass for their voyage conform to the formula, or upon oath, but certificates from Elsinburgh, which were found false by the oath of the skipper, who acknowledged that himself was a partner of the ship, and he and another not named were partners of the loading; and because he having acknowledged that he was a Hollander by nation, but that he had been a burgess of Elsinburgh since 1667, and nothing was produced to instruct that he had changed his domicile, his wife remaining at Amsterdam; for albeit he produced a certificate from the city of Elsinburgh, after the capture, bearing, that he was a sworn burgess there, and that he paid all stents that were put upon him, yet it did not bear that any were put upon him. A letter was also found aboard, containing a contrivance for buying another ship, and causing the master, being a Hollander, to become a burgess in Sweden, and then to take a Swedish pass, which is a great evidence that the skipper, when the letter was written, had done the like for himself; so that the Lords found, that the being a burgess of Elsinburgh, which he might be of many other towns, did not alter his domicile, or make him cease to be an enemy; and therefore a part of the ship belonging to him an enemy, made the whole prize; neither would the Lords admit a contrary probation, that the ship and goods belonged to freemen; and that the skipper was not only a burgess, but an inhabitant of Elsinburgh.
