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A34160 Hinc illæ lacrymæ, or, An epitome of the life and death of Sir Wlliam Courten and Sir Paul Pyndar ... with their great services and sufferings under the crown of England : together with a brief narrative of the case and tryal of certain persons for pyracy and felony on the 10th of February 1680 : upon a special commission of Oyer and Terminer, grounded upon the statute of the 28 of Henry the 8 / faithfully and modestly collected by Thomas Carew ... ; with some remarques thereupon. Carew, Thomas, 1595?-1639? 1681 (1681) Wing C563; ESTC R12035 39,994 28

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of his Widow procreated by her second Husband to each child 5 l. To Mrs. Bridget Stephens I acquit the debt which her Husband or she owes and to every of them a Gold Ring of the value of 3 l. a piece All which Legacies and Bequests I desire should be delivered and paid with as much convenient speed as may be All the rest residue of my Estate as well as other personal Estate whatsoever my Debts and Legacies paid and Funeral performed I give to my Loving and dearly beloved Son William Courten whom I make and ordain sole Executor Memorandum That the Rings and Iewels which are mentioned herein without values amounted to the sum of seven thousand five hundred Pounds Sir William Courten having the Diamonds ready by him in his House inter alia at the time of his Death An Abstract of Sir Paul Pyndar's Last Will and Testament Dated the 24th Day of June 1646. who died in the year 1650. Imprimis I give ONe third part of my whole Estate unto and amongst the Children of my Nephew Paul Pyndar deceased to be divided amongst them that is to say one half of that third part to Paul his Eldest Son and the other half of that third part to Ralph Pyndar and Mary Pyndar to be divided equally and paid at their Ages of 21 years or Marriage And in case of death to the Survivor the other full third part to my Kinsman William Toomes And the last third part for payment of such Legacies as are expressed in the Schedule annexed and the Overplus thereof to be disposed by my Executors and Overseers to such charitable uses as are mentioned therein And make William Toomes and Matthew Pyndar Executors The Legacies to be paid out of the said third Part of the Estate viz. To my Neece Elizabeth Speight Widow and her children 2000 l. To my Neece Anne Graves and her children 2000 To my Neece Dorothy Bampford and her children 1000 To my Neece Anne Cock Widow and her Daughter Hart 0500 To my Neece Iudith Batchellor Widow 0300 To Lawrence Speight 1000 To Emmanuel Michael and his children 1000 To my Kinswoman Susan Pyndar 1000 To my Friend Anthony Withers 0300 To the two Sons of my Friend Mr. William Turnor deceased 0400 All which Legacies do amount to the Sume of 9500 l. And whatever shall amount unto more than the said Legacies out of the last third part I app●olut to be disposed to good uses by my Executors to be divided into seven parts viz To Christ's Church Hospital in London one seventh part To St. Bartholomew Hospital in London one seventh part To St. Thomas Hospital in Southwarke one seventh part To Bridewell and Bethlehem in London one seventh part To the Prisons in and about London one seventh part To St. Botolph without Bishopsgate one seventh part To the Town of Wellingbrough where I was born one seventh part A short Narrative of the Life and Death of Sir Paul Pyndar That Sir Paul Pyndars Estate in the Year 1639 was valued and cast up by Sir Pauls appointment which then amounted to 236000 l. Sterling besides desperate Debts and that two parts of the same was then imbarqued with the King upon several assignments out of divers branches of the Revenue towards the ordinary charge of the Crown the greatest part whereof remaines at this time unsatisfied being charged upon the collections of the late Earl of Strafford out of the Fines and Compositions of Popish Recusants Estates in the Northern Countles the Allom-Farm Sugar-Farm pretermitted Customes and several Charges upon the Soap-Boylers and Dyars Companies and other persons as by the several Records thereof inrolled in Chancery appears Sir Paul Pyndar was born at Wellingbrough in the County of Northampton bred up at school there until the age of sixteen years then put forth by his Father to be an Apprentice to Mr. Parvish an Italian Merchant who sent him as his Factor at 18. years old to Venice where he resided several years and had divers Commissions from several Nations At his return for England the Turkey Company having received many kind Offices and Advertisements of Trade in his transactions abroad and knowing him to be well learned in the Italian Turkish Languages made their applications to King Iames in the year 1611. that his Majesty would be pleased at the said Companies Request to send him Embassador to the Grand Seignior at Constantinople where he resided for the space of Eleven years and upwards to the great satisfaction of the King and the Turkey Company by his improving the Levant Trade Soon after his return in the year 1623. King Iames having Knighted him offered him as a Reward of his Services to make him his Lieutenant of the Tower which Sir Paul humbly refused and the rather in regard his Majesty desired to purchase Sir Pauls Diamond Jewel of Thirty Thousand Pound value upon Credit that he brought home from Turkey which he lent King Iames to wear at divers times on days of great sol●mnity on opening of Parliaments and Audiences given to Foreign Ambassadors Which afterwards was sold to King Charles the first In regard there was an Imbargo upon that Jewel against any Transportation and other Jewels of the Crown which are not paid for to this day The Allome Farm and other Branches of the Revenue Assigned for satisfaction being diverted to other uses King Charles the first made him one of the Farmers of his Customs in company with Sir Iohn Wolstenholme Sir Abraham Dawes and others who by Covenants in their contract gave exact yearly Accounts of their Profits whereby that Branch of the Revenue was exactly known to the end that the Farmers Gaines were not to be exorbitant to the prejudice of the Crown or the damage of the Subjects Sir Paul Pyndar having in his Life-time given ten thousand Pounds towards the repair of St. Pauls Church dyed in the year 1650. much lamented of the Poor who wanted not his charity all his life time William Toomes made Probate of his Will and took upon him the sole Execution thereof and dyed a Felo de se in the Year 1655 having wasted most of the Estate and paid none of the Debts or Legacies Then Administration with the Will annexed being granted to Sir William Powel aliàs Hinson Baronet he got only the Sum of 500 l. from Iames Earl of Northampton Son and Heir and Executor of Spencer Earl of Northampton in part of a Debt of 2000 l. due from the said Earl Spencer and Sir Henry Compton his Brother to the Estate of Sir Paul Pyndar The remainder of the said Debt being yet owing and standing out upon bond The Sones and Heirs of both the Obligors who enjoy their Fathers Lands refusing to pay the said Debt which their Ancestors contracted in the year 1639. being ready Money lent them at Interest for their necessary occasions and suffer themselves to be sued at Law for the same while others want their bread that they eat Afterwards
dictus Dominus Rex nunc unquam seu aliqualiter fuit deceptus Rich. Wallapp R. Powell Edm. Saunders J. Somers Charles Molloy ON the first day of Easter-Term the said George Carew appeared in person at the Kings-Bench-Bar and moved the Court by Mr. Saunders his Councel that his Appearance might be Recorded which was done accordingly But no Information was brought in against the said Carew all that Term Then in Trinity-Term following the said Carew ordered his Clerk in the Petty-bagg to give Rules that the Attorney-General might Reply to the said Plea that Issue might be joyned in that Affair to make all things ripe for a final determination in Parliament either upon a Writ of Error or otherwise as occasion should offer But to this day no further Prosecution is made at the Kings Instance concerning the Scire Facias Wherefore several of the persons Interessed in pursuance of an Assignment indented and made the 14 th day of Iuly 1666. between the said George Carew of the one part and Iohn Graham Esq and Iohn Brown Gent. of the other part agreed to make a new Entry of five Ships and Pinnaces in due Form with the Register of the Admiralty Court de bene esse the week after Trinity Term and to set forth the same to Sea from time to time until the said Debt and Damages should be Recovered or a Composition made for the same according to the true intent and meaning of the said Letters Patents recited in the Plea to the Scire Facias aforesaid which they entred accordingly The Statutes of England in several Acts of Parliament are very positive in it that persons spoiled at Sea shall have the Law of Reprizals for their relief By the Laws of Moses Goods taken wrongfully away were to be restored fourfold which implyed the Damages sustained and the Costs in acquiring restitution By all Christian Precepts and Examples since Christianity came into the World it was practised in all Ages that Restitution was injoyned before any Absolution where the persons were of ability to do it To inforce the Argument in this Case something further it may be observed in the Patent recited in the Plea that the King foreseeing it was against all Natural Justice to mention any Pardon without a Restitution and Compensation to the Parties Injured the Hand points at the words ☞ That notwithstanding any Peace concerning General Reprizals yet this Remedy remains until satisfaction c. Which imploys that although he remits the Crimen Lasae Majestatis the particular Injury relates to particular Persons Nothing is more usual then Appeals of private persons after Soveraign Pardons whereby the Criminals have suffered for not making their Peace with the particular persons next of Blood But some will object that a Soveraign Prince may pro bono publico give away a particular Debt of his Subject although ascertained under the greatest circumstances But whether that assertion be consistent with the Law of England or that the particular should be satisfied out of the publick Purse or left to the proper Remedy granted I leave it to better Judgments upon Arguing the Plea It is remarkable that the said Daniel Gyles made a Contract with the Dutch-Skipper that he should give him the said Gyles 100. l. Sterling to Seize the said Captain Gwyther and his men who lay at Anchor near Cows-Castle with two of the Dutch Seamen on Board in the Prize-Ship and an English Pilot that the Captain had Hired in the Isle of Wight to bring the said Prize-Ship to London in order to her Condemnation And that the said Daniel Gyles in pursuance of his Contract Hired several Boats with Soldiers and came on board the said Prize-Ship called the Love of Rotterdam and there demanded ex officio as he pretended the Captains Commission and took it from him and the Money he had and Secured the said Captain and Seamen in Cows-Castle about the 9 th of December 1680. then took away the Prize-Ship wherein were seven pair of Pistols Swords and Pole-Axes of the Captains with all the English mens Bedding and Provisions that Boarded the said Ship which the said Gyles Seized and kept and alledged he might do it by virtue of the Kings Proclamation THat in Hillary-Term following the said Gyles appearing upon the Exchange in London several Actions were brought against him in the Kings-Bench for the said Ship Wine and other Goods whereupon he was Arrested and carried into the Powltry-Compter Who after several days Confinement being not able to give Bail moved the Court he might be Discharged upon Common Bail notwithstanding the Actious were for Trover and Conversion and Actions for Trespass on the Case at the Suits of the Proprietors the Captain and Seamen respectively to the Damages of 5000 l. and upwards Nevertheless the said Gyles was Discharged by Rule of Court upon Common Bail then the Ship and Goods were delivered in an Arbitrary way by Order of the Councel Table to the Lords Commissioners of the Admiralty and to Sir Robert Holmes who dispossessed the English Interessed persons of their Ship and Goods contrary to the Laws of Property and the Established Laws of England to the great Dishonour of the Government and the Damages of the persons Interessed and Injured as aforesaid who are in prosecution of their Right in the ordinary course of Iustice against the said Daniel Gyles and Sir Robert Holmes for the Ship and her Lading as also for False Imprisonment of the Men and detainng their Arms and other Goods from them A short Narrative of the Life and Death of Sir William Courten SIR William Courten was born in the Parish of St. Mary-Hill in London his Father and Mother in the time of Persecution under the Duke de Alva in Flanders having fled from Menen in the year 1567. into England for Protection having Transported all their Goods and Moneys to the City of London dealt in Silks and Fine Linnen during their Lives and left three Children Named William Peter and Margaret unto whom they gave plentiful Estats Sir Willlam being the Eldest Son was Bred a Merchant and his Fathers Factor sometime at Harlem and other while at Corterick where he Married his first Wife the Daughter of Peter Cromeling with whom he had sixty thousand Pounds Sterling In the year 1606. the said Sir William Courten entred into a Trade in Partnership with a Ioynt Stock in Company with Peter Courten his Brother and John Mon●y his Brother in Law that Married his only Sister the Widow of Matthias Boudaen her first Husband Two parts or the Moiety of the said Stock in Company belonging to Sir William and to each of the other a fourth part This Trade was carried on Ioyntly in Silks and Linnens until the year 1631. wherein was returned Communibus Annis one hundred and fifty thousand Pounds Sterling But besides that Trade in Company to Holland France and Flanders Sir William carried on his own particular Trade to Guinea Portugal Spain and