extinguish Letters of Marque and that for the Reason aforesaid The King having the Power of Peace and War Mr. Carew cannot be a good Subject to involve the Publique by executing these Letters of Marque in times of Peace who as I am informed had 30 Ships out in time of War And the Clauses contained in the Patent that no Peace shall extend to the prejudice of the said Letters Patents before satisfaction was a Clause unusual and incerted by surprize and ought not to have been and is in no sort obligatory Wherefore I give Iudgment That the Letters Patents shall be brought into Court to be cancelled and the Enrollment thereof razed ☞ The Argument turns upon his Lordship the King being sole Legislator of Peace and War The Clause of continuance in the Patent hath the force of an Act of Parliament His Lordship would be both Judge and Party and sole Arbiter if a Writ of Error did not lie in the Kings-Bench and finally in Parliament to reverse his Erroneous Iudgment A Copy of the Order in Chancery Veneris 26 die Maii Anno Regni Caroli secund ' Regis tricesimo quarto Inter Dom ' Regem Quer ' Edmund ' Turnor Mil ' Georg ' Carew Ar ' Defend ' Lord Chancellor THe Record of the Demurrer joyned in the Pety-Bag upon a Scire facias brought by Mr. Attorney General on the behalf of His Majesty for revoking certain Letters of Reprizal granted to the Defendents the 19th of May 1665. coming this present day to be argued before the Right Honourable the Lord High-Chancellor of England by vertue of an Order of the 20th instant at which time the Record was read The Defendents Councel desired longer time But upon hearing of Mr. Attorney-General on the behalf of the King his Lordship declared that the matter in debate did concern the Publick and could not admit of any further day to be given to the Defendents And his Lordship having been attended with the Record and duly considered the whole matter is of opinion and doth order That the said Demurrer do stand and that Iudgment be entred up for the King for the revoking the said Letters Patents and doth further order That the Enrollment thereof be vacated upon Record and that the Defendants do forthwith bring into this Court the said Letters Patents and all Exemplifications and Duplicates thereof under Seal to be cancelled Ex. Per George Edwards Deput ' Register On the next morning the Lord Chancellor was pleased in open Court to give order that the Attorney-General should be careful in drawing up the Judgment and that the Clerk of the Pety-Bag should enter it upon the Roll aud exemplifie the whole Record under the Great Seal and send it to the Admiralty-Court to remain there It may be observed That the Scire facias being returned in Easter-Term 1681. and the Plea filed of the same Term and the Demurrer coming in not before Easter Term last the Attorney-General had a whole year to consider of the said Plea which is admitted as to the matters of Fact in all particulars by the said Demurrer and since sworn to be true by one of the Defendants So that the Attorney-General making no Reply insisted only upon the Law The Questions therefore that do naturally arise upon it are Whether the Scire facias be a Legal and warrantable Writ in this Case for the Lord Chancellor to ground his Judgment upon for repealing the Letters Patents without satisfaction so solemnly obtained under the Great Seal of England according to the Laws of the Land or Whether the Plea be not sufficient in Law to support and maintain the Letters Patents until the Debt and Damages be recovered BUt before we come to answer the Lord Chancellor's Arguments it 's absolutely necessary to speak a word or two concerning the Scire facias and the Order entred by the Register that the Defendents should bring the Letters Patents and all Exemplifications and Duplicates thereof under Seal into Court to be cancelled It 's recited in the Record made up pro restitut ' faciend ' Carolo tunc Comiti Salop al' in eisdem Literis Patent ' c. whereas there is no such Patent as is mentioned in the Scire facias Notwithstanding it 's affirmed in the said Order of the 26th of May 1682. That his Lordship had been attended with the Record and duly considered the whole matter and yet in the second Line of the said Record it 's written Carolo tunc Comitis Salop whereas in the Letters Patents for Reprizals it 's mentioned for restitution to be made to Francis Earl of Shrewsbury and others So that the Foundation being bad the Structure must fall to the Ground there being no such Patent as the Scire fas ' recites Whereupon a Distringas is since issued forth to the Sheriff of Mid. to distrain all the Lands and Tenements of George Carew within his Bayliwick until the said Patent Exemplifications and Duplicates thereof under Seal be brought into Court and cancelled which is impossible for him to do being out of his power the said Duplicates and Exemplifications being in the hands of several Persons beyond the Seas with Assignments and Covenants that they shall continue effectual in Law until the Debt of 151612 l. with Damages shall be recovered and received according to the words of the Grant and the King's Declaration Wherefore it would be both Honourable and Just for any Ministers of State in England or Holland to bring the Scire facias in one hand and Money to satisfie the Debt and Damages in the other And without that Quid pro quo under his Lordship's favour the Patent cannot be legally revoked repealed or made void Yet for satisfaction of all Mankind that the Defendents will abide by their Plea they have retained their Councel to give modest Answers to the Lord Chancellor's Arguments as followeth who holds it convenient to begin at the root where his Lordship ended That the Clause of continuance was unusual and incerted by surprize and ought not to have been and is in no sort obligatory 1. The stipulation for extinguishing all other Losses and Damages by the Treaty 1662. from the like Sovereign Remedies 2. The States denyal of making satisfaction for the Spoils and Depredations of those two Ships according to the said stipulation 3. The Services and Sufferings of Courten and Pyndar for the Crown of England so eminently known to all Parts of the World 4. And the great Supplies given to His Majesty in Parliament for the Protection of His Subjects at the very time the said Patent for Reprizals was passing through Sir Heneage Finch's Office when he was Solicitor-General upon the Negotiation of Mr. Gilbort Crouch were four invincible Arguments for the King to pass this Grant of common Right to his Subjects with those two Clauses of a continuando until the Debt 151612 l. wiâ—h Costs and Damages should be recovered and received the King having declared so much
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
Princes in all parts of the World having once granted such Letters of Reprisals for Spoils and Wrongs done to their Subjects hold themselves obliged to see right done by one means or other being trusted with the power of Peace and War A Prerogative subservient to the immutable Laws of Nature and right Reason Then Carew Equipped out a small Ship called the George Bona Adventura under the command of Captain Compton Gwyther who took a Fly-Boat laden with Wine and Chesnuts near the Isle of Wight called the Love of Rotterdam to awaken those that ought to make reparations whereupon the Dutch Ambassador moved for Proclamations Supersedeas and scire facias but nothing was offered for satisfaction or repairation upon any account whatsoever for the Debt of 151612 l. although no part of that principal money or of ten thousand pounds more expended and disbursed by the said George Carew in the prosecution of his right was recovered or received as by his Affidavit filed in Chancery hereunto annexed also appears Then Compton Gwyther and his Mariners being Apprehended were tryed for Pyracy and Fellony by a special Commission of Oyer and Terminer grounded upon the Statute of Henry the VIII at the New Hall in the Court of Marshalsea in Southwark on the 18th of Febr. 1680. where the Jury acquitted them as not acting with a Fellonious intent under the colour of that Commission for Reprisals Yet the Ship was restored by the King to the Dutch In the Month following Sir Robert Sawyer the Attorney General brought a scire facias in the Pettibag against Sir Edmund Turner and George Carew to shew cause Why the LETTERS PATENTS should not be revoked repeald or made null and void Whereupon Slings by Bethel and Henry Cornish Esquires the Sheriffs gave personal notice and returned the said VVrit in Easter Term 1681. Then Turnor and Carew Appeared and Pleaded the same Term which lay Dormant until Easter-Term 1682. when the Attorney General put in a Demurrer whereunto the Defendants rejoyned and the Record being Read in Court consisting of five large Skins of Parchment on Saturday the 20 of May the Lord High Chancellor of England appointed Tuesday following to Argue the same whereupon the Defendants Councel moved the Court for longer time in regard they could not have Copies of the Record VVritten out so soon yet it was denied and his Lordship gave Judgment for the King without Arguing the same by the Defendants Councel who will in due time be ready to make appear not only divers Errors in the said Scire facias But that Judgment ought not by the Laws of the Land to be given on the said scire facias his Lordships Judgment being reversable by Writ of Error or Appeal But in the Interval between the scire facias brought and the Demurrer put in Carew being pressed to enter other Ships and Pinnaces according to his Covenants to Reprise some part of the Debt and Dammages many Widdows and Orphants Creditors of Courten and Pindar being concerned therein The Ship named the America with 4 others were offer'd at their instance to be entred in the Admiralty and Cap. W. Hawley to be Commander of the America But Sir R. Lloyd Mr. Bedford refusing to take any other Notice of the Paper than only Reading and returning the same it was Registred in the Chancery and a Deputation given to the said Cap. Hawley upon an Authentick Copy of the said Letters Patents to put the same in Execution who in Prosecution thereof took a Fly-boat laden with Wheat and Rye called the Young Schonemaker of Dort under Sayl about three Leagues from the Texell and then brought the same into Woodbridge Harbour and sent the Bills of Lading with all the Papers on Board unto Mr. Thomas Broadrick Procter in the Admiralty in order to a Sentence of Condemnation Then a Warrant dated 29th of April 1682. issued from the Lords Commissioners of the Admiralty directed to Mr. William Ioynes the Marshal who restored the Prize to the Dutch and apprehended Captain Hawley and his Men for Pyracy and Fellony and committed them to the Prison of the Marshalsea in order to their Tryal on Saturday the 10th of Iune 1682. Mr Carew's Affidavit Filed in Chancery Dom. Rex vers Carew al' super Brev. scire facias in suprem ' Curia Cancellar GEorge Carew of Richmond in the County of Surrey Esq one of the Defendants in this Cause maketh Oath That he this Deponent being advised by his Councel Learned in the Laws that a special Proviso was made in the fifteenth Article of the Treaty Concluded at London between the King and the States General Dated the 4th of September 1662. For Satisfaction and Repairation of the Spoyles and Depredations of the Two Ships called The Bona Esperanza and Henry Bona Adventura and the Letters Patents for Reprisals in pursuance thereof Recited in the PLEA to the said scire facias he this Deponent valued himself as vested with such a right and property in the Debt and Damages Ascertained by the Grant in the said Letters Patents That he this Deponent disbursed and expended the sum of Ten Thousand Pounds and Upwards in the Prosecution of his Right Three Thousand and Five Hundred Pounds of the said Money being furnished by Thomas Foley Esq upon the purchase of Aunton Farm in Worcester-shire from this Deponent Two Thousand Pounds more thereof lent to this Deponent by Tho. Colman Esq upon the Mortgage of Eight Houses in the City of London and Two Thousand Five Hundred Pounds by Sir Iames Butler upon a Conditional Surrender of a Coppy-hold Estate in Richmond Whereupon there is a Decree in this Court to foreclose this Deponant from the Equity of Redemption if the Principal Money Interest and Charges be not paid by Christmas next most part of the said 8000 l. being paid to Sir William Powell Sir Iohn Ayton and others claiming their Debts under this Deponants Administration by Judgments and other Securities from Sir Paul Pindar and Sir William Courten And this Deponant farther faith That He this Deponent hath not Directly nor Indirectly received any Satisfaction for the principal Debt of 151612 l. mentioned in the said Letters Patents for the said Spoyles and Depredations save only the Sum of 50 l. Sterling paid by Alderman Backwell by the Earl of Danby's Order out of the 800000 Pattacoons and 150 l. more by the States of Holland towards this Deponents extraordinary Charges in Prison The King having paid the ordinary Costs and Expences of this Deponents Imprisonment with two Servants for the space of 22 Months at the Hague during the last War notwithstanding there is One Hundred Fifty Thousand Pounds Sterling and upwards due to the Creditors of Sir William Courten and Sir Paul Pindar upon Bonds and Judgments wherein many poor Orphants and Widdows are concerned And this Deponent saith That the Record consisting of five Skins of Parchment appointed to be Argued on Fryday 26 of this Instant May.
This Deponants Councel that Subscribed the Plea cannot be ready in so short a time to Argue the several Points in Issue the Record being but Read in Court on Saturday last the Defendants having Rejoyned in the Demurrer to the PLEA but two days before Iurat 25 die Maij Anno R. Rs. Carol. sec. c. xxxiiij Coram me George Carew Io. Coell An Exact Account of the Proceedings at the Marshalsea June 10 1682. against Cap Hawley and his men upon Pretence of Piracy acting under Letters Patents for Reprisals against the Hollanders ON the 10th of Iune instant the Commissioners appointed to try Capt. Hawley and his men upon the Stat. of Hen. 8. for Paracy Fellony Being met at the New Hall in the Marshals Court in Southwark The Commission was read by Mr. Tho. Bedford the Register of the Admiralty Sir Tho. Exton as President of the Court gave the Charge Then the Sheriff of Surry brought in the Precepts whereupon the Jurors were return'd and Sworn The Indictment then was delivered to the Grand Jury who found the Bill Unto which the Prisoners pleaded NOT GUILTY Took their Tryal and put themselves upon God and the Country Then Sir Richard Lloyd Council for the King alleadged to the Petty Jury that the Letters Patents for Reprisals aforesaid were made null and void by Treaty of STATE Supercedeas Proclamation and Iudgment of the L d Chancellor upon a Scire facias Yet was so tender of the KING's Honour That he would not suffer the Letters Patents to be read openly in Court but only by the Jurors thmselves privately Whereupon the Council for the Prisoners insisted That there were not Arguments suffered to be made on the Defendants side upon the Atturney Generals Demurrer to the Defendants Plea which consisted of 5 Skins of Parchment the Record being read on Saturday the 20th of May Judgment was given in the Week following before Copies could be made of the Record However Mr. Carew himself persisted at this last Tryal That nothing could affect the Patent but Satisfaction For That by the Laws Statutes of England Letters Patents in this Case which vested an Interest in the Patentees by especial Grant as set forth in his Plea to the scire facias could not be revok'd or taken away without satisfaction first made to the parties that suffered the wrong And that the L d Chancellors Judgment is as avoidable upon a Writ of Error for Mistakes in his Opinion as the Grants in the Letters Patents are avoidable upon Satisfaction made for that no Act of State unless an Act of Parliament can bind the particular Interests of the Subject without Satisfaction and the scire facias being defective the Judgment given upon it is null in it self there being no such Letters Patents as are mentioned in the Scire facias returned by the Sheriffs as aforesaid for Restitution to Carolo tunc Comiti Salop c. Then the matters of Fact being made out by the Dutch men the Master others in the Ship call'd the Schonemaker of Dort against Cap. Hawley and his men That they took the ship by force and possest themselves of the Ship and Lading To which the Prisoners made little Defence save only That they did nothing felloniously or pyratically but acted by Virtue of a Commission and Deputation indorsed upon the back-side of an Authentick Copy of the Letters Patents hereunto annexed which was put into the Jurors hands to peruse who brought them in Not Guilty Werereupon Mr. Ioynes the Marshal immediately arested Mr. Carew Capt. Hawley and his men in a joynt Action for 1000l Dammages by Writ out of the Admiralty upon the Dutch Ambassadors desire at the Suit of Willem de Widt Iohanes van Eich voor Alewyn van Vollenhoven Lodewyck Terwe Iacob van Harrlem Antony Walbeeck Antony van d Santheuvel all Inhabitants of Dort that were the Owners of the said ship and lading but upon Mr. Carew's complaint to the Court then sitting and the Dutch Ambassador also present he was discharged pro tempore But within two days after gave sufficient Bail by two eminent Citizens to answer the said Action both for himself the Capt. and his Company Then some of the most considerable Creditors claiming under Carew's Administration being unsatisfied with these Proceedings caused Mr. Ioynes to be arested by Writ out of the King's Bench for 2000l Dammages to answer the Value of the said Ship and Lading having dispossest the said Cap. Hawly and his men thereof in an extrajudicial way upon pretence of a VVarrant from the Lords Commissioners of the Admiralty dated about the 29 of April 1682. who brought the said Cap. and his men Prisoners and put them into the custody of Mr. Lowman the Keeper of the County Gaol in Southwark where they were detained 44 dayes or thereabouts close Prisoners at their own costs and charges and after they were legally discharged wereforced to pay Mr. Ioynes and the Register of the Admiralty several exorbitant Fees amounting to 6l 10 s. a man or thereabouts to procure which Money they were forc'd to fell their Beds from under them For all which the Captain and his men are advised to take their due Course at Law against them for their respective Dammages That is to say Cap. Wil. Hawley Richard Washington Ri. Terret Ierom Hawley Th. Tomkins Iohn Tayler and Glanvil Lamboy ☞ ☞ It s Remarkable That the Dutch Ambassadors are very clamorous at Court upon any Complaint of the Hollanders whose ships and goods are suddenly restored right or wrong although they refuse to appear for the Heirs and Executors of Ia. Pergens of Amsterdam Pet Boudaen of Middleburgh who have got into their hands and Possessions the Effects of Sir W. Courtens Sir Paul Pindars Estates to the value of 138000l owing upon Accounts of Bills of Exchange Moneys lent upon Obligations and Goods exported out of England in Trade of Partners-ship wherein divers great summs of Mony were taken up at Interest and imployed in that Trade and are still standing out and due to divers Orphants and VViddows whose Crys have reached the Heavens and fallen down with Inundations upon their Country for Justice in those Civil matters wherein the States of Holland and Zealand protects the Persons and Estates of the Heirs and Executors of the said Pergens and Boudaen from common Justice under the Pretence of Treaties of Peace and common Alliance between the King and the States General although they never came under the Consideration of any publick Treaty as the spoils and depredations of the Ships Bona Esperanza an Bona Adventura did And that which cannot be mentioned without Grief and Astonishment is that the Complaints of the oppress'd Creditors concerning the civil Causes of Actions depending in Holland and Zealand against Pergens and Boudaen leys before the Secretaries and principal ministers of State at Whitehall for relief without any effectual Answer although earnestly solicited for many years together Dormiat aliquando jus sed
for the time being to be Aiding and Assisting to Turnor and Carew their Executors Administrators and Assigns and to take care that all things shall be favourably interpreted and construed in all respects to the benefit and best Advantage of the said Turnor and Carew their Executors Administrators and Assigns Witness himself at Westminster the Letters were made Patents the 19th day of May in the 17th year of his Reign Now how the Actions and Proceedings of several Ministers and Officers of the Admiralty and other Mercenary Mortals do quadrare with the Kings Honour and Iustice that have Issued out Warrants in the Kings name to apprehend and seize the Persons and Goods of his Majesties Subjects detain them in Prison and Irons until they were Tryed as Fellons and Pyrats for duly acting under his Majesties Royal Commission and Charter grounded upon the Laws and Statutes of England Whereby they were found innocent and accquitted Yet afterwars detained for Exhorbitant and Extrajudicial Fees of Registers and Marshalls of the Admiralty is left to any Mankind to Iudge Conclusion THe Commons of England in Parliament in the Preamble of their Acts acknowledging their thankefullness to His Majesty for His aboundant care in their preservation at Sea and the great charge necessary for the defence thereof granted to the King at several times during the two last short Wars between England and Holland the Sum of Five Millions Four Hundred and Forty Thousand Seven hundred and Fifty Pounds Eleven Shillings and Eight Pence Sterling Money For extraordinary supplies toward the said Wars whereof His Royall Highness the Duke of York received 120902 l. 15 s. 8 d. being one Months Tax as a present for his Heroick Courage at Sea This vast Expence of Treasure occasiond by the Hollanders gave hopes to the Kingdom for greater returnes than that only Debt of 151612 l. Liquidated and assertained for satisfaction That reason of State was depraved in the Lord Treasurer Danby who parted with 600000 Pattacons the price of so much English Bloud and Treasure out of England to the Prince of Orange that reaped the benefit of his Ancesters Offices and Honours by the last War besides his tributes as Lord High Admiral of the seven Provinces out of 1500 Ships and their Ladings taken from the English by the Dutch Capers having his general Letters of Marque during that War There was no necessity therefore for those great Ministers H. Finch C. S. Latimer Ormond Arlington H. Coventry and Marquess del Fresno to suffer the Debt of 151612. and Damages to remain incumbent upon the King or the States when treble the value of that Debt was offered to the English Ambassadors in the year 1673. at Cologne besides another Sum of Money in gross for the Fishries upon the English Coasts to purchase a seperate peace with England Divers Polliticians remarking the English Administrations of State and Justice Blushed for several miscariages in our later days Wherein the due course of Law hath been Obstructed Strangers and others suffered to eat our Bread and have disgested the very Bloud of many hundred Orphants and Widows Some by Imbeaziling the spoyls of Wars others in detaining our Monies and Goods All men in Office turning deaf Ears to our Complaints forgeting the Kings Honour and that Justice which Establisheth the Thorne and Exalts the Nation being unmindful of those very periods in his Majesties Speech to both Houses of Parliament on the 24th of Novemb. 1664. as follows Mr. SPEAKER ANd you Gentlemen of the House of Commons I know not whether it be worth My pains to endeavour to remove a vile Iealousie which some ill Men scatter abroad and which I am sure will never sinck into the breast of any Man who is worthy to sit upon your Benches That when you have given me a Noble and proportionable Supply for the Support of a War I may be induced by some evil Councelors for they will be thought to think very respectively of my own Person to make a suddain Peace and get all that Money for my own private occasion But let me tell you and you may be most confident of it that when I am compelled to enter into a War for the Protection Honour and Benefit of my Subjects I will God Willing not make a Peace but upon the obtaining and securing those ends for which the War is entred into and when that can be done no good Man will be sorry for the determination of it How far the Plea and the Judgement given upon the Demurrer concerning the 151612 l. will be reconciled to the Kings Speech or the Law of the Land is left to those Members of both Houses that heard it to resolve if any man can be safe in his Rights and Properties under such presidents as these which calls to my mind the Old Addage of Sir Fulke Grevil Lord Brook in his time Mankind is both the Form And matter wherewith all Tyranies transform For Kings can neither see act nor devise Without the Peoples Hands Hearts and Eyes And were not man by himself opprest Kings would not Tyrants could not make him Beast FINIS