Orders in Council

10 January 1675

There being this day presented to his Majestie in Councill a report from the Lords commissioners of Appeales in cases of reprizalls in the words following: May it please your Majestie, there hath been brought before us, as your Majestie's commissioners of Appeale in cases of reprizall, a certain cause touching 544 negros taken in a Dutch ship, and claymed by the captors as having been found above the gun deck, according to the 7th Article of the Act for establishing Articles and Orders for the regulating and better government of his Majestie's navyes, ships of warr, and forces by sea. And the whole fact is as followeth:

Your Majestie's hired ship the Thomas and Francis, Captain George Gallop commander, being at Jamaica, a proposall was made to joyne to her assistance a certain privateer called the Flying Horse, under command of Captain Otway, and according to Articles of agreement they both sayled towards Curasaw, and there intercepted a Dutch vessell called the Susanna, one Lynch commander, coming from Guinny, and having on board 544 negroes, found all of them above the gun deck. The prize being brought to Jamaica, the court of Admiralty there proceeded to sentence and award to the undertakers that sett forth the said privateer all their share according to the agreement, as also a share to the Lord High Admirall, and to the officers of the said court, and severall other charges relateing to this business, so that the number of 300 slaves were absolutely disposed of in that place.

And although there were a distribution of some negroes to Captain Gallop, and some money advanced unto most of the officers and seamen, yet no sentence did there formally pass as to the residue of the negroes, being 244, in favor of the said captain, officers, and seamen; but they were sold by the then Governor, Sir Thomas Lynch, to severall persons in that island, and the determination as touching their right was reserved to your Majestie.

And your Majestie having, when the said captain and seamen came home and made their applications, referred the decision thereof to the court of Admiralty here, the judge gave sentence in favor of the captors, according to the said Act of Parliament, decreeing all the negroes unto them. From which sentence your Majestie's Advocate having brought an appeale before us, wee did consult your Majestie's learned councell touching the validity of the said Act of Parliament. And they gave us their opinions, that although there might be no such thing in the intention of the law makers, yet the words of the Act were very strong and binding in favor of the captors. Whereupon wee conceived that wee had nothing before us but to take care that what had been judicially done in Jamaica might not be overthrowne by the proceedings here. And therefore, finding that the judgment there had not been pleaded in barr of the proceedings of your Majestie's court of Admiralty here, and that the sentence which was here given seemed to be generall, and to extend to a disposition of all the negroes taken in the said ship, wee therefore did reverse so much of it as related to the said 300 negroes, which had been disposed of before, and thought it both just and for your Majestie's service to leave all the proceedings of that island in their full force and validity; and the rather because no regular appeale had been brought or entred against those proceedings. But wee have confirmed the other part of the sentence given here, as to the disposition of the 244 negroes, which according to the custom of the sea, are, by our judgment, to be divided between the said Captain Gallop, his officers and seamen, who were either then actually in his own ship, or by way of conveniency spared at that time into the privateer, but still in your Majestie's pay. Yet for such part or portion of the said booty as was given and hath been already received as aforesaid, either by the said captain, as commander of your Majestie's ship, or by the said seamen, a deduction is to be made, accordinge to a true and proportionable account to be made thereof.

We presume further to informe your Majestie that, upon the advice of Lord Vaughan, as your governor in Jamaica, wee find that he did demand from Sir Thomas Lynch, his predecessor, the account of the said 244 negroes, and all the effects received for such of them as were payd for, and also the bonds and contracts for those which were not. And his Lordship did send a duplicate of the said account unto your Lord High Treasurer, and charged himself therewith, (a copy of which account is hereunto annexed). And forasmuch as wee have had very many hearings, and no little trouble in the setling and adjusting of this affayre, and are now willing that it may turne the most advantageously that can be to the captain and mariners' account, wee humbly offer to your Majestie that by your speciall command the Lords commissioners of prizes may write unto the Lord Vaughan, your Majestie's governor in Jamaica, to call in and recover with all possible speed the debts which yet stand out on this account, and that s fast as they come to hand he remitt them hither unto George Mountney esquire, receiver generall of prizes; and that what he hath in ready money, according to the said account, be presently returned by bills to the said Mr. Mountney; that so the said Lords may see the whole distribution made among the captain, officers, and seamen according to right. All which is most humbly submitted.

Danby, Craven, H. Coventry
Treasury Chamber

His Majesty was pleased to approve of what their Lordships had proposed herein. And accordingly the Lords commissioners of prizes are herein authorised and required to write forthwith unto the Lord Vaughan, governor of Jamaica, to call in and recover with all possible speed the debts which yet stand out on account of these 244 negroes, and that as fast as they come to hand he remitt them unto Richard Mountney esquire, receiver generall of prizes, and that what his Lordship hath in ready money, according to the said account, be remitted unto the said Mr. Mountney by bills. And their Lordships are to take care that the product of the said negroes, (which by the said account comes to 4801 £), be drawne home the most advantageously that may be for the use of the captain, officers, and seamen, and afterwards the distribution thereof made among them according to right.

R.G. Marsden, Documents Relating to the Law and Custom of the Sea. (London: 1916), II:95-99.