The Master of the Ship called the Venus v. Captain Wilson
Date: 26 June 1673 Case No. No 35.
A prize was sustained as to the loading, by the skipper's oath, that it belonged to owners in Amsterdam, and as to the ship, because of double documents.
A ship found prize on account of the falsehood of the pass, and that enemies' goods were aboard.
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Captain Wilson having taken the ship called the Venus, she was declared prize by the Admiral. The Strangers raised reduction, which being debated, the Lords found that the skipper, by his oath, acknowledged the loading to belong to a citizen in Amsterdam, and therefore declared the loading prize. The ship also was found prize upon this ground, that she had no pass for this voyage, but a pass for the year 1669, and another for the year 1670, bearing her to belong to Swedish owners, and to have the privilege of the Swedish abatement of the customs in the sound; but by a letter found aboard, written by citizens in Lubec, to the skipper, it was instructed, that the property of the ship belonged to Lubecers, who, though they were neuters, yet having false and double documents, viz. the pass and the letter, it was found sufficient to confiscate the ship.
1673. July 15.—The ship called the Venus being found prize, as is observed upon the twenty-sixth day of June last, the strangers desired to be further heard, and alleged, That supposing the letter found aboard could instruct the ship to belong to Lubec, and that the skippers' oath did acknowlege the loading to belong to the King's enemies, yet the loading could only be confiscate and not the ship, for neuters cannot be hindered by a war falling in between any princes or states to continue commerce, and if enemies' goods be found aboard, these goods may be confiscate; but the neuters, who freely might serve the enemies in any thing but in the war, and so might take their goods in fraught upon their own peril, yet could not thereby confiscate their ships. It was answered, That by the law and custom of nations, allies and neuters may continue their trade, so that they do not partake with enemies, which they may do, either by carrying arms, ammunition, and other contraband goods to them, or by covering or carrying on the enemies' proper trade by carrying of enemies' goods; and therefore enemies' goods have been found by the Lords, not only to confiscate themselves, but the ships; and albeit, by the treaty of Breda, it be accorded, that neither enemies' goods, nor contraband goods, shall confiscate the ship, but themselves; yet the King, by his answer to the Lords, hath declared that treaty void, as to all parties, and that enemies' goods, and contraband goods, make themselves and the ship prize, neither had Lubec the benefit of that treaty; and whatever may be pretended, when enemies' goods are loaded, by their fraud, pretending the name of freemen, without the knowledge of the skipper or owners, yet here the owners gave warrant to the skipper to take in this fraught, as is instructed by their letter aboard.
The Lords found this ship prize, not only upon the falsehood of the pass, but found that enemies' goods did make the ships of neuters, having no privilege for that purpose by a treaty, to be prize.
