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A34083 Lex talionis, or, The Law of marque or reprizals fully represented in the case of spoyls and depredations upon the ships, goods and factories of Sir William Courten and his partners in the East-Indies, China and Japan : whereupon letters patents for reprizals were granted under the great seal of England to continue effectual in the law against the States General of the United Provinces and their subjects ... : together with three several proposals of the creditors, to the King, and their answer (in a postscript) to the Lord Chancellour's arguments upon the scire facias brought by Sir Robert Sawyer ... concerning the letters patents aforesaid. Carew, George, Esq. 1682 (1682) Wing C549; ESTC R33340 30,399 34

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undertakes to Indempnifie and discharge the States-General and their Subjects concerning the same I. It is therefore humbly proposed That His Majesty should in lieu thereof grant and assign the 4 and ½ per cent arising out of the Barbadoes and the Careebe Islands and the wast Lands there to certain Trustees for the use and benefit of William Courten Grand-child and Heir of Sir William Courten and the Creditors of his Father and Grand-father who were the Original Proprietors of the Island of Barbadoes whereof they were dispoiled by Iames late Earl of Carlisle and his Adherents to the insupportable Damages of Sir William Courten his Family and Creditors That in Contemplation of Sir Paul Pyndar's great Services and Sufferings for the Crown of England and more particularly for the vast sums of Money lent to the late King Charles I amounting to the sum of One hundred and thirty thousand Pounds upon the Allom-Farm Sugar-Farm Collectors of the Papists Compositions in the Northern Counties and other Branches of the Revenue which were diverted in the late troublesom times to other uses leaving Sir Paul Pyndar's Assignments unsatisfied and many of his Creditors undone II. It is therefore humbly proposed That there may be a Privy-Seal granted for Fifty thousand Pounds upon the Reference from His Majesty that lies before the Lords Commissioners of the Treasury to be raised out of the said Papists Estates at the instance and Petition of Richard Powel Esq and Nathaniel Hill Gent. upon their old Compositions in the eleven Northern Counties as they paid under the Collection of Thomas Viscount Wentworth in the year 1638. which they are willing now to satisfie accordingly That whereas there are divers great Debts and Sums of Money owing and resting in the hands and posessions of the Sons Heirs and Executors of Jacob Pergens of Amsterdam and Peter Boudaen of Middleburgh in Zealand that belongs to the Estates of Sir William Courten and Sir Paul Pyndar upon Bills of Exchange Obligations for Money lent and private Contracts in Trade and Merchandizing amounting to the sum of One hundred and twenty thousand Pounds and upwards Whereupon there are Actions depending in the ordinary Courts of Iudicature in Holland and Zealand ready for Sentences and final Decrees wherein Iustice is positively denyed upon vain pretences of extinguishments and mortifications by Treaties of common Amity and Alliance III. It is most humbly proposed That His Majesty would be graciously pleased effectually to recommend the Petition of the Creditors that lies before the Lord Conaway to that purpose for speedy satisfaction to be made therein for relief of His most Oppressed Subjects POSTSCRIPT KInd Reader before you come to peruse the Answer to the Lord Chancellor's Arguments when his Lordship gave that hasty Iudgment for the King upon the Scire facias and Pleadings relating to the Letters Patents for Reprizals without hearing Counsel of the other side It 's necessary that you should first read the Abstract of the Scire facias brought by Sir Robert Sawyer His Majesty's Attorney-General and the Plea thereunto The Demurrer and Rejoynder thereupon being things of form and course to bring the whole matter in Issue are omitted herein for Brevity-sake The Plea being filed in Easter-Term 1681. lay dormant until Easter-Term 1682. Then the Demurrer was brought in generally that the Plea was not sufficient in Law c. Whereupon the Defendents persisting in their Rejoynder that it was the Record was made up and read in Court accordingly An Abstract of the Scire facias returned into the Pety-Bag-Office rendred out of Latine into English CHARLES the second by the Grace of God of England Scotland France and Ireland King c. To the Sheriff of Middlesex greeting Whereas by our Letters Parents under Our Great Seal dated the 29th of May in the 17th year of Our Reign for restitution to be made to Charles then Earl of Shrewsbury and others for certain Ships Goods and Merchandizes therein mentioned that were unjustly taken and detained from them by the Subjects of the States-General of the United Provinces We gave License and Authority to Sir Edmond Turnor Knight and George Carew Esq their Executors Administrators and Assigns on the behalf of themselves and others to set forth several Ships and Pinnace's to Sea from time to time to take and seize the Ships Goods and Merchandizes of the said States and their Subjects and to detain and keep the same as lawful Prize until the said Turnor and Carew shall have recovered the Money in the saeid Letters Patents mentioned with their Costs and Damages as by the said Letters Patents with the special Clauses and Provisoes therein contained may appear With this that by Articles of Peace and Amity between Vs and the said States-General at Breda July 21. 1667. in the 19th year of Our Reign and ratified under Our Great Seal Aug. 24. following It was agreed and concluded that all Letters of Reprizals Marque and Counter-marque general and special should be inhibited and revoked so that the Subjects of either Party should not exercise any Hostility or Violence afterwards upon any pretext or colour whatsoever And by other Articles of Peace and Amity between Vs and the said States concluded at Westminster Febr. 9. in the 26th year of Our Reign and ratified under Our Great Seal on the 28th of the same month and proclaimed accordingly that the Treaty made at Breda was renewed and confirmed And that further by Our Letters Patents dated June 6. in the 32d year of Our Reign We had superseded revoked and made null and void the said Letters Patents bearing date May 19. in the 17th year of Our Reign as aforesaid And that all and every the Powers Authorities Clauses Commissions Grants and Licenses in the said Letters Patents confirmed to the said Turnor and Carew were thereby made null and void and of no effect in the Law Wherefore to the end that the Treaties of Peace and Amity between Vs and the States might be kept firm and that a further remedy might be provided for that purpose We command you by good and lawful men of your Bailywick to summon the said Sir Edmond Turnor and George Carew to be and appear before Vs in Our high-High-Court of Chancery 15 days after Easter to shew cause if they can why the Letters Patents aforesaid should not be brought into Chancery and the Enrollment thereof cancelled and made null and void Witness Our Self at Westminster the 12th day of February in the 33d year of Our Reign By virtue of which Writ the said Sir Edmond Turnor and George Carew being summoned and the said Writ returned by Slingsby Bethel and Henry Cornish Esqs Sheriffs they appeared and pleaded in Easter-Term accordingly as follows An Abstract of the Plea filed in the Pety-Bag-Office in Easter-Term 1681. THe aforesaid Sir Edmond Turnor and George Carew by Matthew Pyndar Esq their Attorney comes and defends the force and injury c. craving Oyer of the Letters Patents and pleaded the