burrow king versus barnard SCHIEVER a Swede hab corp for a prisoner of war  take on board a enemy prize ship deny Mr stow move for a habeas corpus to be  direct to Richard rigby keeper of the towngaol of Liverpool to bring up the  body of Barnard Schiever a subject of a neutral power take on board of a enemy  ship but force as it be allege into the enemy service the substance of the  affidavit upon which he ground his motion be that this Barnard Schiever be  bear in the dominion of the king of Sweden and his father be now in that king  service that this Barnard Schiever be breed to the sea and understanding  navigation be desirous of enter into the service of the merchant of England  and for that purpose and for no other design or intent whatsoever ship himself  as a passenger from gottenburg to elsineur in order there to enter on board  some English merchant ship that when he arrive at elsineur he apply to the  English consul there who ship he as a mariner on board a English merchant  vessel bind on a voyage from hull to Dublin with which ship he set sail that  in prosecute the say voyage in the say ship he be take by a French privateer  and carry into Norway where there be another privateer that he together with  all the prisoner take on board the English vessel be put on board the latter  privateer call the marshal de Bellisle captain thurot commander that the day  after he be remove into the Bellisle the English prisoner be by the command of  captain thurot set ashore at their liberty but all the person belong to the  say English vessel who be subject of neutral power be detain to serve on board  the say privateer the Bellisle upon which this Schiever apply to captain  thurot to set he ashore likewise allege he be entitle to his liberty as be a  neutral person but thurot tell he that for that reason he shall not go on  shore for that he may as well serve he as serve the English and that he will  make he serve he or word to that effect and accord thurot detain he against  his will and inclination on board of the say marshal de Bellisle privateer and  treat he with so much severity that he will not suffer he to go on shore when  in port burrow upon his necessary occasion but close confine he to duty on  board the say privateer that the say privateer command by thurot be on a  cruise take two little bring on board of one of which this Schiever with some  other be put with order from thurot to navigate the say bring into any harbour  in Norway that the say last mention bring be in go to Norway retake by the  fame letterofmark ship and carry into Liverpool where this Barnard Schiever be  send to the towngaol of Liverpool as a prisoner of war under the custody of  the say Richard rigby keeper of the say gaol and be now and ever since have be  detain there for no other cause than the cause aforesaid Schiever swear that  his intention still be can he obtain his liberty to enter as a mariner into  the English merchant service and that he will not nor shall have serve on  board the say privateer have he not be force thereto and detain as aforesaid  by the say captain thurot one Oluf Grundell who be on board the Bellisle  privateer when Schiever be put on board of it swear that Schiever be force  against hisinclination by the say captain thurot to serve on board of it in  the manner Schiever have above depose and that all the person take in the say  vessel belong to neutral power be force by thurot in the like manner to serve  on board the say privateer burrow er p Mr stow urge that it will be very hard  upon this man to be keep in prison here till exchange by cartel and then send  back to France where he will be force into their service again but the court  think this man upon his own show clear a prisoner of war and lawful detain as  such a therefore they deny the motion