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sworn as to hearsay in English, tho' they did not understand that language; and had sworn positively to a negative, viz. that not one man was permitted or ordered, &c. and that a certain person was at the wreck, tho' they were not themselves there; and that appellant had proved that there were several wrecks, and other vessels fishing, and that what was dived for was five leagues off the place, where the crew declared the Gertruydt had been lost; and that it was customary to fish for wrecks, and that what was recovered, after lying at the bottom of the sea above a month, was in common to the finders, like other lost and derelict goods: And appellant complained it was severe to compel him to account for all the cargo, unless after so many years he could find out so many foreigners dispersed all over the world, and then persuade them to declare what [222] they embezzled, and so accuse themselves; and insisted, that there were no proofs to warrant the decree: And appellant observed further, that the channel of the Bahama, in America, where the ship was cast away, was also called the Gulf of Florida, a place very dangerous for shipping, (having a very impetuous current) and where many wrecks happen; and that it was as common for the people of the Bank of Bahama, adjoining to this channel, to send sloops to fish for wrecks, as to send to Newfoundland to catch fish; and that this was the place where Sir William Phipps had some years ago received that great quantity of silver, wherein the late Duke of Albemarle and others were concerned. (J. Shaw.)

The respondents on the other hand stated, that they were merchants of Holland, and proprietors of the ship, Lady Gertruydt, which ship was by them fitted out with divers rich goods and merchandizes for the Spanish trade, and manned with a captain and about eighty seamen, (she carrying above thirty guns) and had the late King's commission, as Stadtholder of Holland, to shew, if necessary, and that they were subjects of that nation: And that, in January, 1694, the ship sailed with her cargo and lading out of the Texell, for the Spanish West-Indies; and after some time arrived there, and disposed of the greatest part of her cargo and lading for pieces of eight; and on her return back for Amsterdam, on Palm-Sunday, 1695, on the banks, in the channel of Bahama, sunk about six feet below water, having then on board thirty thousand pieces of eight, barrelled up in six casks, besides several barrels of silver and gold, and other rich goods and merchandizes, all which were recoverable; and that the seamen were forced to betake themselves to their long boat, and another small boat they had fitted up, and were in distress upon the seas for seventeen days, having nothing all that time to subsist on but a biscuit and a half, divided to each man when they left the ship, besides a few cockles and other small fish, which they got as they were cast on the rocks and reifes, and that they were at last driven upon the island of Providence, of which the appellant was then governor; to whom they applied, and showed their commission, and acquainted him who they were, and from whence they came, and whither bound, and gave him an account of the misery they had suffered, and the loss they had sustained, and desired him to assist them with [223] a ship or boats, to recover the treasure, and the rest of the lading that was then on board the ship; and that appellant, after a strict examination of the captain and seamen, produced to them a map of America, that they might thereby give him the more exact information of the place where the ship sunk; and that as soon as he had come to a perfect knowledge thereof, he made a show as if he would assist them in recovering the cargo and lading; but instead of doing so, confined the master and seamen, and in the mean time fitted out a sloop, and the respondent's ship's boats with his own men, and sent them with one Daniel Hardwin (who had been in the ship when she sunk,) as their pilot, to shew them where said ship was; and that they arrived at the place, and recovered and possessed themselves of the cargo and lading, and carried them to Providence to appellant: And that respondents upon discovering all these proceedings, exhibited their bill against appellant for relief; and appellant answered, and witnesses were examined on both sides, and the cause heard 27th June, 1701; and respondents having proved their case, the decree appealed from was pronounced, which decree respondents insisted was just and reasonable, and ought not to be reversed. (Henry Poley.)

Die Jovis, 19 November, 1702. After hearing council upon this petition and appeal, it was adjudged by the Lords to be dismissed, and the decree appealed from affirmed. Lords Journ. vol. xvii. p. 168.