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The Master of the Ship, called the Patriarch Jacob, v Wilson. [1673] Mor 11904 (27 February 1673)
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The Master of the Ship, called the Patriarch Jacob, v. Wilson
Date: 27 February 1673 Case No. No 27.
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The ship called the Patriarch Jacob, having a pass from Hamburgh, bearing, that the ship did belong to the citizens there, and being loadened with victual, the skipper, by his oath, acknowledges, that the loading belonged to Amsterdamers, which was therefore declared prize, as being enemy's goods, and the ship, as carrying the same; the strangers having raised reduction, did insist upon the treaty of Breda, whereby it is agreed, that where enemies' goods are found, they shall be prize, but not the ship; and that by the treaty, it is provided, that any ally that should, within six months after the treaty, claim the benefit thereof, should be admitted thereunto; and alleged, That Hamburgh had obtained the treaty communicated to them, but did not produce it.
The Lords allowed them a month to produce the communication of the treaty, and if it were produced, superceded to give answer, whether the ship was prize till the first of June.