case walton versus Hanbury all Nov in the defendant and other partowners of  the Danby galley fit her out as a privateer and make the plaintiff Walton  captain and obtain a commission by letter of mark from the duke of Savoy and  send her to cruise in the Mediterranean where in the year the captain take a  French ship on board whereof be several turk and tripolins the captain set the  turk on shore but detain some of their effect Vernon chancery case in  complaint be make by the consul of Tripoli to king William and upon process  issue out of the admiralty sentence be give against the plaintiff videlicet  first the ship and good be not well take by a Englishman and English vessel  without any commission from the king but by commission from the duke of Savoy  only and therefore if the caption be lawful yet it be a perquisite belong to  the Lord high admiral and second not good because the tripolins be in peace  with England their good and effect be not to be seize by English ship or man  the plaintiff have now agree the matter with the consul of Tripoli for pound  and have obtain a grant from king William of the ship and good obtain a decree  for twothirds of the value of the ship and good each partowner to pay accord  to the quantum of his interest if any insolvent the loss to be bear by the  rest who be solvent with interest and cost the decree be as follow whereupon c  his lordship declare that the plaintiff ought to be reimburse his damage and  cost in the court of admiralty and also what he pay to buy in the king title  and the charge he be at therein with interest for the same at the rate of  pound per cent per and and that it be refer to the master to compute what be  due to the plaintiff accord and that the defendant do pay to the plaintiff  their respective proportion thereof accord to their respective interest in the  say ship the Danby galley and the plaintiff be to bear a portion for a three  part of what the say master shall report due in respect of his and his crew  wage and it be further order that the say master do examine whether there be a  bankruptcy and a inevitable loss happen by reason of the insolvency of any of  the partowners and if there shall appear any such loss to have happen the say  master be to apportion the same between the plaintiff if he shall appear to be  a partowner and the rest of the partowners and they be to bear their  respective proportion thereof accord Reg lib b foe