would take their Case into Our Princely consideration We out of the just sense We then had and still have of their unjust Sufferings in that Business both by Our own Letters under our Sign Manual to the States General of the United Provinces and by Sir George Downing Knight and Bart. Our Envoy Extraordinary to whom We gave Especial Command so to do required satisfaction to be made according to the Rules of Iustice and the Amity and good Correspondence which We then desired to conserve with them firm and inviolable And whereas after several Addresses made to the 〈◊〉 States General by our said Envoy and nothing granted effectual for Relief of Our said Subjects whom We take Ourselves in 〈◊〉 and Iustice concerned to be satisfied and repaired We lately commanded the said Sir George Downing to intimate and signify to the said States That We 〈◊〉 their 〈◊〉 Answer concerning Satisfaction to be made for the said Ships and Goods by a time then prefixed and since elapsed That we might to govern Our selves thereupon that Our aforesaid Subjects might be relieved according to Right and Iustice And yet no Satisfactory Answer hath been given so that We cannot but apprehend it to be not only a fruitless Endeavour but a prostituting of Our Honour and Dignity to make further Application after so many Denyals and Slightings And whereas John Exton Doctor of Laws Iudg of Our High Court of Admiralty of England upon Our Command to certify to Us the Daâ—ie of the Losses and Dammages Instaine by the said William Courten and Partners whose Interest is now vested in our loving Subjects Sir Edmond Turnor Knight and George Carew Esq and Partners hath upon full Examination and Proofs thereof made by Witnesses in Our High Court of Admiralty Reported and certified under his Hand That the same do amount to the sum of One hundred fifty one Thousand six hundred and twelve Pounds Now know Ye That for a full Restitution to be made to them for their Ships Goods and Merchandizes of which the said William Courten and the Assigns of the said William Courten and Partners were so despoiled as aforesaid with all such Costs and Charges as they shall be at for Recovery of the same Wee by Advice of Our Privy Council have thought fit and by these Presents do Grant License and Authority under our Great Seal of England unto Our said Subjects Sir Edmond Turnor and George Carew their Executors Administrators and Assigns for and on the behalf of themselves and other persons interessed as aforesaid to Equip Dictual Furnish and set to Sea from time to time such and so many Ships and Pinaces as they shalll think fit Provided alwayes that there be an Entry made and Recorded in the Admiralty Court of the Names of all ships and Vessels and of their Burthen and Ammunition and for how long time they are Victualed and also of the Name of the Commander thereof before the same or any of them be set forth to sea and with the said ships and Pinaces by force of Arms to set upon take and apprehend any of the ships Goods Moneys and Merchandizes of the said States General or any of their subjects inhabiting within any their Dominions or Territories whatsoever of any particular Estate within those Provinces and the Inhabitants thereof wheresoever the same shall be found and not in any Port or Harbor of England and Ireland unless it be the ships and Goods of the Parties that did the Wrong and the said ships goods Moneys and Merchandizes being so taken and brought into some Port of Our Realm or Dominions an Inventory thereof shall be taken by Authority of Our Court of Admiralty and judgment shall be given in Our Court of Admiralty by the Iudg or Iudges thereof for the time being and upon Proof made before him or them That the same ships Goods Wares Merchandizes or Money did belong to the States General or any of their subjects as aforesaid That they shall be lawfull Prize to the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid to keep and retain in their or any of their Possessions and to make sale and dispose thereof in open Market or howsoever else to their and every of their best advantage and benefit in as ample manner as at any time heretofore hath been accustomed by way of Reprisal and to have and injoy the same as lawful Prize and as their own proper Goods so that neither the Captain Master nor any of the Company that shall serve in his own person or shall promote and advance the said Enterprize in manner and form aforesaid shall in any manner of wise be reputed or challenged for any Offender against any of Our Laws And that also it shall be lawful for all manner of Persons as well Our Subjects as any other to buy the said Ships Goods and Merchandizes so taken and apprehended by the said Captains Masters and others and adjudged as aforesaid without any Damage Loss Hindrance Trouble Molestation or Incumbrance to befall the said Buyers or any of them in as ample and lawful manner as if the said Ships Goods Wares and Merchandize had been come and gotten by the lawful Traffique of Merchants or of just Prizes in time of open War Provided always That all ships goods and merchandizes taken by Virtue of this Our Commission shall be kept in safety and no part of them spoiled wasted or diminished nor the Bulk thereof broken untill Iudgment have first past as aforesaid That they are the ships and Merchandizes of the States General or some of their subjects as aforesaid And if by Colour of this Our Commission there shall be taken any ships Goods or Merchandizes of any of Our loving subjects or the subjects of any Prince or State in good League or Amity with Us except the States General or their subjects as aforesaid and the Goods therein Laden sold embezled or â—â—â—â—â—ed or the Bulk thereof broken in any place before they shall be adjudged to belong to the said States General or to some of their subjects as aforesaid That then this Commission shall be of no sufficient Authority to take the said ships Goods and Merchandizes or to Warrant and save harmless such as shall Receive Buy or Intermeddle therein but that both the Prizes so taken and the said ship of War shall be confiscated to Our Vse And further We do hereby declare That it is Our Will and Pleasure That this Our Commission shall remain in full Force and Power to all Intents and Purposes until the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid shall by Virtue thereof have by Force of Arms Apprehended Taken Seized Recovered and Receiv'd from the said States General or their Subjects One hundred fifty one Thousand six hundred and twelve pounds according to Appraisement to be made by sufficient Appraisers upon Oath Nominated and Authorized in our said Court of
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 â—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
same in haec verba Charles II. by the Grace of God c. which being read they said that the Letters Patents ought not to be brought into Chancery nor the Enrollment thereof obliterated and made null or void because King Charles I. by his Letters Patents under the Great Seal of England in the year 1635 gave Sir William Courten and his Partners a Charter to Trade and settle Factories in the East-Indies China and Iapan for Trading Voyages and renewed the same to William Courten Son and Heir of Sir William and his Partners And that Sir Paul Pyndar had furnish'd Sir William Courten with Thirty five thousand Pounds towards the first enterprize of that Trade And that the said William Courten the Son and his Partners had set forth the two Ships named the Bona Esperanza and Henry Bona Adventura in the Patent for Reprizals mentioned in the year 1641. with Moneys Goods and Merchandizes for supply of the said Factories and Trade whereof seven parts belonged to Courten and the 8th part to his Partners And that William Courten the Son by his Indenture dated 26 April 1642. had transferred and assigned his Interest in the said Ships and Merchandizes to Sir Edward Littleton in the County of Stafford Baronet for Counter-security against several Debts contracted by Sir Wil. Courten and his Son wherein he stood obliged for payment thereof And that Sir Edward Littleton joyntly with Wil Courten the Son had by their Indenture dated Decemb. 19. 1642. transferred and assigned all their Interest in the said Ships Bona Esperanza and Henry Bona Adventura to Sir Paul Pyndar towards his Debt and the surplus to the Creditors of Courten and Littleton And the said Turnor and Carew further say that the Officers of the East-India-Company of the Netherlands in the year 1643. unjustly seized and detained the said two Ships and Lading and converted the same to their own use without any legal Process contrary to the Laws of Nations and the Laws and Statutes of this Realm which was proved by the Testimonies of several Witnesses in due form of Law taken And that the said East-India-Company and the States of the Netherlands had altogether denied to make any satisfaction or reparation to the said Proprietors for the said Spoils and Depredations Afterwards Wil. Courten Esq the Son and Executor of Sir Wil. Courten died Intestate in the year 1655. And William Tooms Executor of Sir Paul Pyndar in the same year also died Intestate And that Letters of Administration of the Goods and Chattels of Sir Paul Pyndar with his Will annexed unadministred was in due form of Law granted to Sir William Powel Baronet and Letters of Administration of the Goods and Chattels of Sir Will. Courten with his Will annexed unadministred was likewise in due form of Law granted to the said George Carew who bona fide paid and satisfied the said Sir Will. Powel Iohn Whitfield Esq and others the sum of 3000 l. sterling in satisfaction of their Debts upon account of Sir Paul Pyndar out of the said Carew's proper Money whereupon Sir Will. Powel by agreement having relinquished the Administration Letters of Administration with Sir Paul Pyndar's Will annexed was in due form of Law granted to the said George Carew Then the said Francis Earl of Shrewsbury Sir Iohn Ayton and others humbly supplicated His Majesty on the behalf of themselves and others interessed to require the States-General to make satisfaction and reparation for the said Spoils and Depredations as in the said Letters Patents at large appears but no restitution or reparation could be obtained Whereupon the said Letters Patents were granted for the recovery of 151612 l. with Costs and Damages under those conditions and limitations therein expressed And the said Turnor and Carew further say that they are entituled and legally vested with an Interest and inviolable right to recover and receive the said Money according to the Laws of Nations and the Laws and Statutes of England and the very express grants and intentions in the Letters Patents contained accordingly notwithstanding any War or Wars or the supposed Treaty at Breda or any other Treaties whatsoever between His Majesty and the States-General or the pretended Supersedeas in the Scire facias mentioned The said Turnor and Carew in fact saying that they or either of them or any claiming under them or either of them have not to this day received taken or seized from the States-General or their Subjects or the East-India-Company of the Netherlands the said sum of 151612 l. or any part thereof or any part of the 800000 Pattacoons mentioned in the 10th Article of the last Treaty at Westminister mentioned in the said Scire-facias or half the Charges and Expences occasioned thereby Wherefore the Letters Patents ought not to be brought into Chancery or the enrollment thereof cancelled or made null and void for that the King was not deceived in His Grant Signed by Richard Wallap Edmond Saunders Iohn Somers Richard Powell Charles Molloy THe Record being made up and brought into Court on the 26th of May 1682. the Attorney-General and the Solicitor both moved for Judgment without any other Argument for it than pretended Reason of State Whereupon the Councel for the Defendants moved that it was against the practice of all Courts in Westminster-hall to argue the same Term the Record was brought in or without a Consillium and a convenient time appointed to study and argue the points in Issue especially in a matter of this weight and consequence being a noble Case to be debated and argued both in point of Law and State and therefore desired a longer day whereupon the Lord Chancellor stood up and said If they were not ready to argue he was ready to give Judgment and that they might argue by the Spirit if they would So his Lordship informing the Court that he had studied the Case himself And for the satisfaction of all man-kind as he said gave these Arguments following which were taken in writing by several Councellors at Bar. The Lord Chancellor's Arguments THe Statute of 31 H. 6. cap. 4. gives Admiral Iurisdiction to the Court of Chancery for speedy relief in cases where strangers are robbed at Sea by the King's Subjects And that after a Peace concluded Letters of Marque for Reason of State are totally extinguished These Letters Patents especially being granted when this Kingdom and the Hollanders were in a state of Enmity they appearing to bear date the 19th of May 1665. in the heat of the War are therefore disannulled by the subsequent Peace A Safe Conduct granted by the King supersedes Letters of Marque as appears 11 H. 4. N. 66. by Iudgment of the Parliament of Paris and the Parliament of Montpellier 2 H. 5. N. 34. A Truce between Nations that have been at Enmity supersedes Letters of Marque as appears 11 H. 6. N. 34. Parl. Rot. A fortiori A Peace after Proclamation thereof and a Supersedea sunder the Great Seal will abolish and
moritur nunquam Recollected by Th. Smith Gen. Iune 16th 1682. A Copy of the Affidavit made by Mr Conny and Mr Peisley filed in Chancery concerning the Entry of the Ships in the Admiralty hereunto annexed IN pursuance of an Agreement in Writing Indented made the Twelveth day of May one Thousand six Hundred sixty six and in the Eighteenth year of the Reign of Our Sovereign Lord Charles the second Between George Carew Esq Administrator of the Goods and Chattels Rights Debts and Credits of Sir William Courten and Sir Paul Pyndar Knights With their Wills annexed Deceased of the one part And John Graham of Westminster Esq and John Brown of London Gent. of the other part on the behalf of several Creditors in the Schedule to the said Indenture annexed These five Ships with their Tackle Ammunition Provisions and Men are Nominated and Appointed to be entred in the Admiralty in Prosecution of certain Letters Patents for Reprisals in the said Indenture mentioned and thereunto Annexed to put the same in Execution from time to time according to this entry and the Proviso's and Limitations in the said Letters Patents contained until the Debt of One Hundred Fifty One Thousand Six Hundred Twelve Pounds with all Costs and Damages shall be Recovered and Received or a Composiâ—ion made for the same as in the said Letters Patents is mentioned and expressed The Ship named the Planter of the Burthen of twenty Tuns or thereabouts four Guns twenty five Men Victualled for six Months Aaron VVright Commander to put the said Commission or Deputation in Execution from six Months to six Months until the Debt of One Hundred Fifty One Thousand Six Hundred and Twelve Pounds with all Costs and Dammages shall be Recovered or otherwise Composed The Ship named the Asia burthen one Hundred Tuns or thereabouts Ten Guns seventy Men Captain Roger Hawkshead Commander Victualled from time to time for the space of three Months every season until the said Debt of One hundred fifty one thousand six hundred and twelve Pounds with Costs and Dammages mentioned in the said Letters Patents shall be recovered or composed The Ship named the VVilliam and Thomas burthen one hundred and fifty Tuns or thereabouts two hundred Men twenty five Guns Victualled for nine Months Captain Robert Cambell Commander and at the Expirations of nine Months for nine Monts more and so at the end of every nine Months to be Victualled de Novo from time to time for nine Months longer until the said Debt Dammages and Costs shall be Recovered and Received or a composition made with the persons Interested and Injured The Ship named the America burthen fourscore Tuns or thereabouts one hundred Men eight Guns Victualled for six Months Captain VVilliam Hawley Commander and at the Expiration of the said Term to Revictual and Equip the said Ship from six months to six months until the said Debt of One Hundred Fifty One Thousand Six Hundred Twelve Pounds with costs and Dammages shall be satisfyed repay'd The Ship named the Affrica burthen one hundred and twenty Tons or thereabouts one hundred and fifty Men fifteen Guns Victualled for 12 months Captain Thomas VVood Commander to put the said Commission in Execution as aforesaid according to the several Conditions Limitations and Proviso's in the said Letters Patents expressly mentioned and contained Unto whom Deputations were immediately given accordingly of the same date to put the said Letters Patents in Execution at such times and in such parts of the World as they should think most convenient for their Purpose THomas Conny and Samuel Peisly of London Gentlemen make Oath That they these Deponents did in Company with George Carew Esq on the ninth of September 1681. at the request of several persons Interested and Concerned in the Debt of 151612 l. mentioned in the Letters Patents within Recited call upon Thomas Bedford Esq Register of the Admiralty Court at his Office in Doctors-Commons and then and there require of him to make an entry of the five Ships with the number of their Men Guns Provisions Burthens Commanders Names and times of Victualling as they are mentioned and expressed on the other side of this Affidavit whereupon the said Thomas Bedford desired these Deponents to come again the next Morning and appear with him before Sir Richard Lloyd Surrogate to the Iudg of the said Court who took the same in his Hand and after he had perused the Contents thereof gave these Deponents the said Paper again in Company of the said George Carew Saying they would not make any other entry then several Notes they had taken in Writing and the Names of these Deponents Jurat 10. die Octobris Anno Regni Dom nri Car. sec. 33o. Coram me magro in Canc ' Io. Francklin Ex. W. Poynter Tho. Conny Samuel Peisly A COPY of the LETTERS-PATENTS For Especial Reprisals granted by the King of Great Britain under the Great Seal of ENGLAND against the States General and their Subjects for 151612 l. Sterling with Costs and Damages for the Recoverie thereof CHARLES the Second by the Grace of GOD King of England Scotland France and Ireland Defender of the Faith c. To all Christian People to whom these Presents shall come Greeting Whereas our loving Subject William Courten Esq deceased and his Partners in the year 1643. by the Depredation and Hostile Act of one Geland Commander in Chief of two Ships belonging to the East-India Company of the Netherlands was between Goa and Maccao in the Streights of Malacca deprived and most injuriously spoiled of a certain Ship named the Bona Esperanza and of her Tackle Apparel Furniture and all the Goods and Lading in her upon a very hopeful Trading Voyage to China which were carried to Batavia and there all de facto without due Process of Law confiscated and that also in the said year another laden Ship of our said Subject called the Henry Bona Adventura being come on ground on the Island Mauritius was there both Ship and Goods seized upon by some of the Officers and Ministers and others under the Command of the said East-India Company and utterly deteined from the right Owners And whereas the said William Courten and his Assigns in his life-time used all possible Endeavours to recover the said Ships and Goods and to procure further Iustice against the Malefactors and yet could obtain no Restitution or Satisfaction whereby they became to be much distressed and utterly undone in their Estate and Credit and that thereupon and upon the most humble Supplication and Addresses of Francis Earl of Shrewsbury and William Courten Esq Son and Heir of the said William deceased Sir John Ayton and Sir Edmond Turnor Knights George Carew and Charles Whitaker Esquires on the behalf of themselves and divers others Interessed in the said two Ships Bona Esperanza and Henry Bona Adventura and in the Estates of the said William Courten deceased Sir Edward Littleton Baron t and Sir Paul Pyndar Knight deceased That We
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-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