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cause_n case_n court_n judgement_n 1,563 5 5.9494 4 false
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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A08263 Factum, or rehearsall of the whole cause, with proofes and reasons to maintaine and defend it 1622 (1622) STC 18599.5; ESTC S2829 5,549 12

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Factum or Rehearsall of the whole Cause with Proofes and Reasons to maintaine and defend it FOr William Noel Substitute of William Willaston Robert Houe Citizens of the Towne of Morlais Mathew Harvey Richard Beauais Iames Goult Edward Blancare Thomas Helcott and other partners English Marchants both Plaintiffes and Defendants Against Andrew de Launay both Defendant Plaintiffe and Marteau substitute to the right and roome of Helias Frute lately deceased ioyning and interposing himselfe to this 〈◊〉 The said Noel and Houe being Denizons and naturalised in France and the rest of their partners being Englishmen who haue daily traded there fifteene yeares in the Towne of Morlais the sayd Noel and Houe are house-keepers and the rest held as Inhabitants of the Kingdome did in October 1620. Fraught furnish a Barke called the George laden with whole packs of linnen cloth to be transported into England the said Launay of Roscoff with his complices to the number of twelue Robbers by him armed did follow her with a Pinnace the nineteenth of the said month and by force and violence tooke robbed and ransackt her at the going out of the Ryver or Haven of Morlais and stript naked the Master and foure Mariners which were in the same without any weapons and set them forsaken in a desart Iland barren and dry of any sweet water but onely with a loafe of rye bread of six pence with a wicked intent to starue them with thirst and hunger as no doubt it had happenned had not God in his providence sent by chance a Fisher-boat that way the fourth day that tooke them vp and set them to land almost readie to perish And as for the said Wares the sayd Pyrates did vnlade many packes of them by night at the said Roscoff and I le of Bas whereof the sayd Launay his wife and children did dispose at their pleasure transporting and hiding them in divers places and there caused the sayd Barke to be sent and set a-ground at Angels Haven where it was againe pillaged and finally forsaken whereof the Kings Attorney taking notice caused an Inventory to be made of the sayd Barke and goods and did examine the said Mariners yea some of the very Robbers making his report of it and seazing vpon the residue to be kept and preserved to the vse of the right owners by which report it is to be seene that the English did lay clayme to the sayd Barke and goods therevpon making their complaint and requiring that they should be set free and delivered into their hands wherevpon the said Iudge being fully enformed of the sayd Robbery and Depredation and that those goods did belong to those English and French Marchants by his sentence the thirtieth of October did fully discharge and res●ore them into their hands having first given good and sufficient Suerties for the price and vallew of them by expert and skilfull men and chosen by vertue of his place as Iudge for his owne discharge and securitie and so in consideration of the sayd Suerties they received their Barke and goods and sent and sould them in England vpon which Informations there went forth an Order against Laun●y and his Complices and they were so appeached and indicted as that they were condemned by a sentence the thirteenth of Iune 1621. Daniell Rowland Mandoux les Marec Father and Sonne Couault and Conefer for to be hanged and strangled and the said Launay with two other men Galles and Loges banished for fiue yeares and solitarily all together or one of all condemned to restore to the sayd English nine packes and fardles of the sayd Wares which had beene landed and set ashore to the same Towne of Roscoff or els the iust vallew of them and over and aboue to all their costs and expences and as for his other Complices Querovarts Pallu and Enhabasque who had broken the Prison and made an escape it was ordered that they should bee publiquely summoned to appeare within three short dayes But to make these pursutes and Iudgements voyde the sayd Launay fledde to the Councell where disguising the fact and against all truth informing them his proceedings had beene but by way of seisure and attachment against the English and by right of some Letters of Mart for a Ship of his which hee pretended to haue beene taken from him some nine yeares since by some English Piratts which he himselfe termeth to be such in whose taking he pretended to haue lost some 1200. pound Sterling and so making himselfe a Plaintiffe and requiring a discharge of his pretended and imiginary Attachment or extent of the same goods Wherevpon the parties being called and appearing before the Councell the sayd Launay to giue a better collour to his cause did practise and got the sayd late Helias Frute a Dutch Marchant to ioyne and interpose himselfe to him in this cause the sayd Frute having beene once Master of a Dutch Shippe whereof Sir Iohn Fernes was Captaine And againe the sayd Frute calling and intituling himselfe one of the Directors of a Companie established in France for the Trading into the East Indies which Frute this Launay did set of purpose to require that the rest of the sayd goods belonging to the said English might be sold for his satisfaction and repayment of the summe of 9200. pound Sterling which hee pretended to haue beene taken from him foure yeares before by some other English Pyrates for which hee sayd hee could get no Iustice in England Moreouer the sayd Laun●y and Marteau substitute in the pretended right of Helias Fruit deceased being so ioyned together did demand the second time the cassation and disannulling of the sayd criminall proceedings and sentence of the Iudge of the sayd Lesnevers to the end that Launay might haue a discharge or release for his owne goods which were seized and extended by vertue of the sayd sentence and Iudgement whereupon the said Launay and Marteau got so much fauour that although the English did proceed in the said Councell but declinatorely that is to say standing vpon exception and refused to bee tryed by that Court desiring that the cause and parties might be sent back into Brittaine before the naturall and ordinary Iudges for execution of their former Iudgements and in case of Apeale if neede were before the high Court of Parliament of the Province Neverthelesse without appointing that the parties should ever write or enter into any proofes in the maine cause or principall yea without so much as hearing them at all theretn the Priuie Councell was pleased against all formes of Iustice to pronounce and enact their Decree in the maine cause the 27. of Ianuary 1622. which Decree contrarying and contradicting it selfe doth award that the whole criminal proceedings should be brought to the office of the Councell to doe right vnto the parties according to reason and in the meane time the former sentences of death and banishment to surcease with full leaue and power to the sayd Launay to reside