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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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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 Iapan 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 for Recovering of the Sum of 151612 l. with Costs and Damages mentioned in the said Patent 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 His Majesties Attorney General concerning the Letters Patents aforesaid LONDON Printed in the Year MDCLXXXII To the Right Honourable CHARLES Earl of SHREWSBURY THis following Case being drawn up and Printed by some of the Agents and Solicitors of the Creditors of Sir William Courten and Sir Paul Pyndar for satisfaction of several Persons that were earnest to have it Published and Communicated to all the late Members of both Houses of Parliament I obstructed the progress thereof being resolved that it should not go so nakedly into the world without any Title or Dedication and then only to the view of such Persons as are principally Interessed and Concerned therein I am obliged to let Your Lordship and the rest of the Creditors know that I have been in my Quality as Administrator and Assignee both Active and Passive at home and abroad ever since his Majesties Restauration in the pursuit of such our Rights and Properties that cannot be Mortified or Extinguished except Mankind be Exterminated There are Volumes of Examinations and Depositions by me taken from the Servants Officers Factors and Sea-men imployed by Sir William Courten in Discovering Planting and Fortifying the Island of Barbadoes manifesting to all the World that he was the Original Proprietor of that Island and so Confirmed to him and his Heirs by Letters Patents under the great Seal of England in the third year of King Charles the first Yet no Restitution or Reparation could be obtained to this day for the forceable Entries and Intrusions made by James late Earl of Carlisle and his Complices upon Sir William Courten in the said Island There are as many more Volumes of Examinations Depositions Memorials Answers Replications Rejoynders and other proceedings in several Languages by me in the case of the East-India Spoyls and Depredations upon Courten and Pyndar before the values of the Loss and Damages were reduced to a certainty by Letters Patents under the great Seal of England which vested the Interest with an Authority irrevokable in the Grantees for recovery thereof according to the Rules of Law and Common Right Yet no Restitution or Compensation can be obtained for the same There are little less Volumes of Proceedings upon the Civil Actions depending in Holland and Zealand against the Heirs and Executors of Sir James Cats Jacob Pergens and Peter Boudaen for Monies lent upon Bonds and Accompts standing out in Trade Yet all have terminated in contempts of the Law and positive Denialls of Iustice in this Age of ingratitude and forgetfulness Your Grandfather John Earl of Shrewsbury having lent the Sum of five and twenty hundred pounds to Sir William Courten towards his first Expedition into the East-Indies China and Japan upon whose foundation the present great East-India Trade is erected After the Death of Sir William William Courten his Son and Heir together with Sir Edward Littleton and others entred into new Security in the year 1639 for the same Debt being all the ready Money then in your Family Whereupon Francis Earl of Shrewsbury your Father with divers other great Sufferers Creditors of Sir William Courten and his Son as also of Sir Paul Pyndar applied themselves in company with me upon the Kings most happy Restauration for some seasonable relief against the Hollanders and Zealanders that had lived upon the spoyls of all Nations His Majesty being then upon a Treaty of Common Alliance with the States General After eight months debate in Courtens affair came to this Stipulation in the year 1662. That upon restitution of the Island of ●olleron and satisfaction to be made for the Spoyls and Depredations concerning the two Ships named the Bona Esperanza and Henry Bona Adventura All other Losses and Damages of his Subjects and even that of Amboyna should be Mortified and Obliterated that is to say No Soveraign remedy should be given to any of them by his Majesty for the said Damages by Reprizalls which was Mutually Signed and Solemnly Ratified accordingly This Stipulation was pursued by several Memorialls to the States General for the space of two years at the Hague and seconded by divers Orders from the Council Board and several Letters of Recomendation from his Maiesty to the said States under his Sign Manual which proving all innefectual A Complaint thereof being brought before the House of Commons in the year 1664. was there Espoused with vast Royal Aides towards the Protection and Relief of the Complaynants Therefore they are under great mistakes both in matters of Fact and Iudgment of Law that Report the King was either Surprized or Deceived in his Grant or that the States General had not due Notice of Passing the Letters Patents for Restitution to be made to the said Francis Earl of Shrewsbury and others in the said Patent Mentioned and Expressed being grounded upon several Acts of Parliament and the Ancient Law of Marque and Reprizals The Instances whereof once brought home to a Fiat under the great Seal of England becomes a Decree unalterable like the Laws of the Medes and Persians I beg Your Lordships Pardon and Patience in craving Your Honours Serious Consideration upon the said Case and the Creditors Proposals to his Majesty with the Postscript after them in answer to the Lord Chancellors Arguments on Friday the 26 th of May last when his Lordship gave Iudgment for the King upon the Scire-Facias concerning the said Letters Patents wherein Your Grandfathers Debt is included yet further secured by Collateral Covenants from my self respectively to Your Honour and Sir Thomas Meres for another Debt of 2000 l. Contracted in the year 1641 upon the obligation of William Courten Esq Sir Edward Littleton and Iohn Earl of Bridgewater to Elizabeth Viscountess Cambden due to the said Sir Thomas Meres as Executor of Sir Erazmus de la Fountain Executor of the said Viscountess not doubting of Your Dilligence and Indeavours for obtaining thereof by all ways and means that are Honourable and Iust more especially for those Crying Debts due to many hundreds of Orphants and Widows claiming under my Administration whose cause I shall never desert Yet constantly remaining SIR Your Lordships most faithful and humble Servant George Carew Richmond August 2d 1682. The Case between the King and Carew concerning the Letters Patents for Reprisals hereunto annexted against the Hollanders Briefly and
faithfully stated for satisfaction of all persons concerned GEorge Carew of Richmond in the County of Surrey Esq Administrator of the Goods and Chattels of Sir William Courten Knight deceased with his Will annexed having contested at the Hague and Amsterdam after the Kings Restoration for the space of fifteen Months concerning the Spoils and Depredations upon Sir William Courten's Ships and Factories A Provisoe was made in the fifteenth Article of the Treaty concluded at LONDON between the King and the States General the 4th of September 1662. that satisfaction and reparation should be made by the East-India Company of the Netherlands for the two Ships named the Bona Esperanza and Henry Bona Adventura with their Freights and Lading In pursuance of the said Treaty Carew having Expended and Disbursed divers great Sums of Money both in Holland and England without effect he was prompted by several Ministers of State at Whitehall to Address himself by Petition to the Commons in Parliament in the year 1664. for Relief who referred the same to the Committee of Grievances accordingly Sir Tho. Clifford then Chairman of the said Committee after Examination of all the Papers and Depositions concerning this Case brought in by Sir Thomas Littleton Reported that the Loss and Damages amounted to the Sum of One Hundred and Fifty Thousand pounds Sterling and upwards hinting at the evil consequences thereof to the Honour and Interest of the Nation if those Damages were not satisfied and repaired unto the Families of Sir William Courten and Sir Paul Pindar who had merited so much from the Crown and Kingdom Soon after a War insued whereupon the Commons Voted to assist the King with their Lives and Fortunes unto whom they granted several Millions of Money for the Prosecution thereof In the Month of May 1665. the Cause concerning the said Spoils and Depredations which had been debated in the Admiralty in Council and in Parliament was reduced to a certainty for satisfaction by Letters Patents for Reprisals under the Great Seal of England wherein Sir Edmund Turnors Name is used in Trust Carew having the Interest in Law on the behalf of himself and others the Dutch Ambassador then Resident in England had notice of all the proceedings as it is recited in the body of the said Patent which passed through the greatest Offices of Trust in the Kingdom upon mature Consideration The Warrant for passing the said Patent issued out of the Lord Arlingtons Office then Principal Secretary of State containing two clauses for continuance of the Grant until the Debt of 151612l with Damages should be recovered which was debated three Months by the Lord Chancellor Hyde before it passed the Great Seal Sir William Turnor and Sir Robert Wiseman the Kings and Dukes Advocates general being often consulted therein affirmed That it was consonant to the Laws of Nature and Nations that the said Debt and Damages should be satisfied and repaired A President thereof being shewn under the Great Seal in the late Kings time in the Case of Paulet a Merchant who had the like Letters of Reprisals against the Spaniards to continue effectual in the Law until the Debt and Damages should be Reprised who upon a Peace made with Spain had the remainder of his Debt unsatisfied In the year 1666. Carew and the Creditors claiming under him procured several Duplicates and Exemplifications of the said Letters Patents and put the same in execution by deputations against the Hollanders who Trading in divers Bottoms under the colours of Sweeds Hamburgers and other Neighboring Princes and States in Amity with England the very charges of equipping out private men of War could not be gotten the Ships brought in for Prizes being reclaimed and restored as by the Rigister of the Admiralty Court appears However Sir William Coventry then Secretary to his Royal Highness complaining That those special Letters of Reprisal obstructed the Lord High-Admirals profits of Tenths by Letters of Marque in time of War that the Kings Ships were deprived of Seamen A Proclamation issued out the 10th of August 1666. to suspend the Execution of the said Letters Patents protempore Notwithstanding his Royal Highness was gratified with a Months Tax for his Heroick Courage at Sea In the year 1667. a Peace was concluded at Breda whereby all Letters of Reprisals were mentioned to be revoked whereupon the said Carew and the Creditors remained passive until the year 1671. when another War was proclaimed the King having particularly owned this Cause declaring That he was obliged in Iustice and Honour to see that Debt and Damages mentioned in the Letters Patents aforesaid to be satisfied and repaired the Lords of the Privy Council having also affirmed That all past Treaties were absolutely cancelled as if no such Treaties ever had been made Then the said Carew was dispatcht away with Orders of the Councel Table Referrences and Instructions with the Kings Letters to his Ambassadors and Plenipotentiaries to insist upon plenary satisfaction and Reparation in any Treaty to be made with the States The King expressing in his Leters under his Sign manuall his care to protect his Subjects in their just Rights as well as to assist them in the recovery thereof In the Month of August 1672. It so hapned that Carew and his Servants were Imprisoned by the States of Holland as Spies for seeking after Justice and detained close Prisoners without access and threatned with Death during the War which ended in a common Alliance in the year 1674. upon the consideration of Eight hundred Thousand Patacoons inter alia to be paid to the King in four years for Damages yet three parts thereof were assigned to the Prince of Orange and the fourth part received for other services by Alderman Backwel upon his Majesties account but the Debt and Damages ascertained for the Spoils and Depredations aforesaid was left in statu quo to the remedy at Law prescribed In the year 1680. divers of the Creditors of Sir William Courten Sir Paul Pindar and Sir Edward Littleton having importuned the said Carew to put in execution the said Letters of Reprisals since they had no satisfaction either out of the Prizes taken by the Kings Ships during the War nor out of the said Patacoons or any other waies or means whatsoever notwithstanding their several Addresses to the King the States and the Prince of Orange for that purpose Then Carew being advised that several Writs at Common Law in case of a Spoil at Sea lay against the Subjects of Forraign Princes and their Goods found in England until the Statute of Edw. the third provided that the only Remedy should be by the Law of Marque or Reprisals without Fraud or Deceit for all Damages upon Spoils which being ascertained and reduced into a Grant under the Great Seal of England became such an Interest vested in the Grantees coupled with an Authority that could not be taken away without satisfaction made to the Parties interessed and injured And further advised That Soveraign