the West-Indies wherein he had raised a vast Estate His Lands in the year 1633. being of the value of 6500 l. per annum besides a Personal of 128000 l. Sterling at which time he had a vast Credit which afterward he Ingaged in the East-India Expeditions as aforesaid and Died infinitely in Debt upon that account It would swell a Volume to a vast Magnitude to write all the Passages and Transactions of the Lives and Deaths of Sir William Courten and Sir Paul Pyndar Wherefore I give you here Abstracts of their Last Wills and Testaments Registred in the Prerogative Court whereby you may make a conjectuâ—e of what Misfortunes their Estates fell under after their Lives there being not a Foot of Land left in England nor any considerable Personal Estate to their Heirs Executors and Administrators out of those two large Inheritances and Possessions which they were once Masters of in the Kingdom of England An Abstract of Sir William Courtens's Last Will and Testament Dated 22. Maii 1636. who died in June following Imprimis I Will that 64 Gowns being the number of the Years of my Age may be bestowed upon so many poor men As to my worldly Estate viz. all my Manors Lands c I leave them wholly to descend to my Son William Courten and his Heirs except the Manor of Wingham Barton alià s Barton Wingham in Com Kent and all other Mâ—ssuages c. and other things granted by King Iames to Sir Tho. Harfleet Sir Edward Boyes the Elder Knt. Edward Hadds Chr. Mann William Alcock Esq and Walter Drury Gent. and their Heirs by Letters Patents under the great Seal of England dated at Westminster the 3 of Ianuary in the 11 th year of his Reign and except such part thereof as the said Patentees were intrusted with for Sir Dudley Diggs Knt. which Mannor of Barton Wingham alià s Wingham Barton and other the premisses are settled upon my daughter Mâ—ry Courten and her Heirs Item I give and bequeath to my loving Daughter Dame Hester Littleton Wife of Sir Edward Littleton Baronet 4000 l. and to each of her children living at my decease 100 l. a piece To my daughter Anne Devereux Wife of Essex Devereux Esq 1000 l. Also to my said Daughter Mary for her better preferment 2000 l. To my Sons in Law Sir Edward Littleton Baronet and Essex Devereux Esq each of them a Diamond Ring seal'd up in a Box and their Names on the Boxes To my Daughter in Law the Lady Catharine Courten my said Sons Wife A Jewel of Diamonds sealed up in a Box with my Seal at Armes and her name written thereon To my Sister Margaret Monâ—y one Diamond Ring seal'd up in a Box with my Seal at Arms and directed to her To Mr. Peter Boudaen my Nephew and to his Wife a Ring and a Jewel To Mr. Iames Pergens Merchant a Ring To Mr. Iames Casere Merchant and to his Sister Mrs. Andrews to each of them 50 l. To Mr. Iooes and Iohn de Batts Merchants 50 l. Flemish to each of them To Mr. Iohn Casteele Merchant 50 l. Sterling To Fisher Littleton Esq I acquit him of the Debts he owes me To his Brother William Littleton 25 l. To Mr. Iames Tryon 100 Marks To Mary Casere daughter to Mr. Iohn Casere aforesaid 20 l. To my Book-keeper or Accomptant David Goubard 100. l. and 50 l. per Annum so long as he continues with my son William Courten To my servant Samuel Bonnei 50 l. per Annum so long as he continues with my son William Courten To Mr. Iohn Moone 10 l. To my servant Allen Edmondson 10 l. To my servant Iohn White 25 l. To my servants Geo. Iackson and Will. Gorley 15 l. a piece To my servants Sampson Iackson and Iohn Standford Toby Bonnet Abraham Gorley Moses Gorley and Peter Vandam to each of them 10 l. To my servant Thomas Gent 20 l. and for term of his life certain Acres of Land lying in the Manor of Totnam High Cross in Com. Middlesex To my servant Michael Hunt 15 l. and for term of his life 20 l. yearly to be settled upon some Lands which should be charged therewith To my servant Andrew Symonds and William Curtis to each 3 l. To Iohn Prince 40 s. and to Thomas Davies the boy 20 Nobles To Mrs. Iudith Folliot a Ring To Tabitha Wingfield 20 l. To Susan Pear 40 l. To Margaret Moore 20 l. To Elizabeth Kendall 5 l. To my said Sons servants viz to Edward Roberts 5 l. To Elizabeth Fowler 5 l. To William Oswel 10 l. To Humphry Baker 20 Nobles And to the rest of his servants in and about the House to each of them 40 s. Towards the reparation of St. Pauls Church in London over and above what I have given and delivered to that use 500 Marks To Christs-Church-Hospital and St. Thomas Hospital 100 l. a piece To the Ministers of St. Gabriel Fauchurâ—h by name Mr. Palmer and Mr Saxby to each of them 20 l. and to the poor of the said Parish 30 l. To the Minister of St. Andrew Hubbard where I desire to be buried 5 l. And to the poor of the same Parish 10 l. To the poor of the Dutch Congregations in London 50 l. And to and amongst the younger Students maintained abroad at Universities by the said Congregation 20 l. To the Poor of St. Mary-hill in London 15 l. To Monsieur Marmott Preacher of the French Congregation in London 20 l. And to the Poor of that Congregation 20 l. To the Poor of the Dutch and French Congregation in Norwich Colchester Sandwich Canterbury Maidstone and Yarmouth to each of them 10 l. To the Poor of the several Parishes of Laxston and Kneesall in the County of Nottingham St. Nicholas Atwade in the Isle of Thaunet and County of Kent and to the Poor of the Parish of Westham in the County of Essex to each Parish 10 l. To the Right Honourable Iohn Earl of Bridgewater a Ring To my respected Friends Mr. Endymion Porter Mr. Iames Maxwell and Mr. Henry Murray of His Majesties Bed-chamber to each a Ring and to Mrs. Iane Murray a Ring To Edward Nicholas Esq one of the Clerks of His Majesties most honourable privy Councell a Ring To Nicholas Pay Esq one of the Kings Majesties Clerks of His Kitchen a Ring To Mr. Daniel and Mr. Eliab Harvey Merchants to each a Ring To Mr. William Curtins a Ring To Mr. Anthony Low Councellor at Law a Ring And to Mr. Iohn Rushont and to Mr. Tho. Kynaston Merchants each a Ring To Mr. Garret Collent Mr. Nathaniel Andrews Mr. Leonard Houtman Mr. William Boâ—t Mr. Nathaniel Mountney Merchants to each of them a Ring of the Value of 5 Marks a plece To Capt. Iohn Weddell Capt. Robert Moulton and to every Capt. and Master of all and every my Ships and Pynaces or of any Ships whereof I have any part a Gold Ring of the value of 3 l. To each and every the children of William Darkin or
Administration was granted to the said George Carew in the Letters patents for Reprizals before mentioned wherein the most visible part of Sir Paul Pyndar's Estate remains yet many difficulties and obstructions are laid in the way from coming to that poor remainder in this age of Forgetfulness Yet I hope it will not be in these our days as it was in the times of old when the Prophet Isaiah complained that Iudgment is turned backward and Iustice Standeth far off for Truth is fallen in the Street and Equity cannot enter Yea Truth faileth and he that refraineth from Evil maketh himself a Prey and the Text saith that the Lord was displeased that there was no Iudgment and when he saw that there was no man he wondred that none would offer himself From whence it may be inferred that they who suffer Injuries and Oppressions without Process and Appeal for Justice do not only betray themselves and their Cause but the Interest of their Country and the Laws of the Realm under which they have or ought to have protection There is one Remarkable and Fraudulent Case not to be Omitted in this Narrative ADmiral de Ruiter of Holland having taken a Fly-Boat of 200 Tun in Burthen called the Mary of Bristol belonging to Merchants of that City Laden with Sugar Cotton and Indigo from Barbadoes the said Ship and Goods were Condemned as free Prize to the States of Holland by the Admiralty of Amsterdam in the year 1665. Then the said Ship was sent from Amsterdam by the Name of the Godilive of Bruges and bound for France where she was Laden with Wine Salt and Vinegar under Spanish Colours as belonging to Iacob Neitz Michael Vander Planthem and other Subjects of the King of Spain which said Fly-Boat being taken by Captain Tyrance Byrne about the Month of Iuly 1666. and carried into the Port of Chichester in pursuance of a Commission by force of the Letters Patents for Repâ—izal granted to Turnor and Carew as aforesaid against the States of the United Province Upon Examination whereof it appearing that the Ship was Dutch Built Sailed from a Port in Holland to a Port in France the Seamen Hollanders and Zelanders Born and the Goods Consigned to Merchants of Amsterdam Sir Lyonel Ienkin Decreed that there was good cause of Seizure and Condemned the Master of the said Ship in Expences but in regard one Peter Gerrarda French man and common claimer of Prize-Ships appeared and claimed the said Godilive and her Lading in the Names of the said Iacob Neitz and others Subjects of Spain in Amity with the King It was ordered by the Judge that upon payment of the Costs and giving Bail to abide the Sentence of the Court upon hearing the Cause the Ship and Goods should be restored But the said Gerrard refusing so to do Arrested the said Captain Byrne in an Action of 1000 l. upon a Writ out of the Admiralty Court unto which he gave good Bail yet the said Gerrard made no Prosecution thereupon But upon Examination Ex parte and Certificates procured out of Flanders that the said Ship was Assigned to the said Neitz and others Merâ—hants of Brugis The Ship and goods were restored by the Court and delivered by the Vice-Admiral of Sussâ—x accordingly Afterwards the Proctor and Advocate of the common claimour Exhibits a Lybel in the Names of Neitz Vander Plancken and others in the year 1667. against Sir Edmond Turnor and George Carew joyntly with Captain Tyrence Byrne and Ionathan Frost his Owner uâ—on pretence that part of the Lading was Imbeaziled in the Port of Chichester and some of the Wines Perished with Lying Whereupon Sir Lyonel Ienkins pronounced a Sentence against Turnor Carew Byrne and Frost for 1800 l. Damages for spoiling their Voyage although the Ship and Goods were restored under all those Circumstances aforesaid from which Erronious and Unjust Sentence Turnor and Carew Appealed by themselves to Judges Deligates and Adjuncts who confirmed the said Sentence although against the Statute Laws of the Realm and the Common Law of England Turnor and Carew being neither Particeps Criminis nec munâ—ris and that no man in the Cases of Personal Injuries ought to suffer for the default of another for that by their own shewing in their Libel the Imbezlements being done in Chichester in the body of the County where they were to be Tryed by the Common Law Vive voce it being without the Jurisdiction of the Admiralty a Court of no Record Wherefore they Appealed to the King and obtained a Commission of review leaving the pretended Claimers and Byrne to dispute the matter Turnor and Carew being concerned no further then that their Names were used in the Process towards Condemnation Nothing of proof appearing to the contrary in all the Process transmitted in the said Cause The Humble Proposals of William Courten Esq Grand-Child and Heir of Sir William Courten Kt. Deceased Charles Earl of Shrewsbury Richard Powell Esq Thomas Coppin Esq and others here under-named on the behalf of themselves and other persons Interessed by Subscription to the said Proposals to His Majesty and the Lords and others of His Majesties most Honourable Privy Councel Ann. 1626 WHereas Sir William Courten at his own Costs and Charges set forth two Ships well provided with Men Ammunition and all Necessaries fit for Settling a Plantation They were bound for the West-Indies where they discovered an Island Landed and possessed it and called it the Barbadoes And in the same year Captain John Powell and Henry his Brother upon Sir William Courten's Account and at his Costs came thither with other Ships Freighted with Men Women Servants and all sorts of Provisions for carrying on the Plantation designed and Fetched several Indians from the main Land Built Houses Raised Fortifications and set up the Kings Colours made several Plantations of Cottons Tobacco Indigo c. Peopled the Island with English Indians and others to the number of 1850 Persons or thereabouts and Settled John Powel Iunior Governour there and the Planters paid Sir William Courten several Servile Rents of Sugar Cotten Tobacco c. as Original Proprietor 25th of February 1627. King Charles the first by Letters Patents under the Great Seal of England granted the Government thereof to the Earl of Pembrook and Mountgomery in Trust and at the Request of Sir William Courten with power to Settle a Collony there according to the Laws of England who gave John Powell a Commission to continue Governour there And Sir William Courten borrowed several great sums of Money and became much Indebted for carrying on the said Plantation 2d of Iuly 1627. Then James late Earl of Carlisle obtained a Patent for the Propriety Inheritance and Government of the Caribbee Islands But doubting it would not reach Barbadoes he surrendred it and obtained a second Patent rejecting the former containing a Grant of the Propriety and Inheritance of the Barbadoes to the said Earl and his Heirs 7th of April 1628.
Possession which was referred to the Committee of Foreign Plantations who found that by the Laws of Nations and of this Kingdom the Heirs and Assigns of Sir William Courten retained a Freehold in the said Island having no ways forfeited the same for any Offence Aud that the Patent to James Earl of Carlisle mentioning him to be Lord Proprietor of the said Island was declared void and against Law The Councel of Courten further affirming that no Soveraign Prince or State could Disseize a person of a Uacancy possest by him at his own proper Costs and Charges without manifest Injustice And that it was against the Honour and Prudence as well as the Iustice of a Nation to despoil any Subject that laid out himself for the good of his Country Yet no Restitution hath been made for the said Island and Plantations to the Heirs and Creditors of Courten either by the King or the Planters out of the Old Servile Rents of Sugar Cotton or Tobacco for every head due to the Original Proprietor or out of the four and half per Cent of all Goods Exported granted by the General Assembly of Barbadoes in lieu thereof to the Lord Willoughby and since Assigned to the King Secondly Concerning the Spoils and Depredations upon the two Ships the Bona Esperanza and Henry Bona Adventura in the East Indies particularly excepted for Reparation by the 15 th Article of the Treaty concluded at London the 4 th September 1662. no ways performed It was therefore thought necessary and convenient upon the farther Applications of the persons Interessed and Injured to the King and to the Parliament that a War should be declared against the States General of the United Provinces which was carried on at the vast Charge of the Kingdom His Majesty being Graciously pleased upon the entrance into that War to express himself in a Speech to both Houses of Parliament as follows The 24th of November 1664. 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 Jealousie which Ill men scatter abroad and which I am sure will never sink into the breast of any Man who is worthy to â—it 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 Councellors 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 occasions 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 IN the Month of May following His Majesty out of a Iust sense of Sir William Courten's Sir Paul Pyndar's and their Partners Injuries Damages and Losses in their Shipe Goods and Commerce did in pursuance of His own Authority and Prerogative-Royal Grant a Special Commission for Reprizals under the Great Seal of England grounded upon the Law of Nations and the Laws and Statutes of this Realm to continue effectual in Law at all times until the sum of 151612 l. Sterling Money with incident Costs and Charges should be Recovered and Received as by the Letters Patents recited in the Plea to His Majesties Scire Facias brought in the High Court of Chancery remaining upon Record in the Petty-Bagg-Office hereafter set forth at large more plainly appears It is to be remarked that during the War several Dutch East-India Ships and other Merchant Ships were taken by the Kings Men of War and made Free Prize but no part thereof given towards the Bona Esperanza and Henry Bona Adventura although earnestly sought after Those Spoils of War the Sacred Returns due to the Injur'd and Oppressed the price of much Blood and Treasure spent in the Expeditions of Courten and his Partners were otherwise imployed Which lies heavy at the Doors of those that have eaten the Bread of the Fatherless and Widows for whom the Land Mourns IT is to be considered when the said Letters of Reprizal were put in Execution by Mr. Carew and his Associates in the beginning of the year 1666. The prosecution thereof was Arbitrarily suspended by Proclamation on the Tenth of August following without any Iudicial hearing their Seamen frequently taken away for the Kings Ships His Royal Highness and His Secretary also pretending that it was prejudicial to their Interest in obstructing ordinary Letters of Marque during the War Carew Committed to the Fleet by Order of the Council Board and Enlarged by the Dreadful Flames on the 2 of September following so that instead of a Remedy it proved a Grievance the Ships and Goods Reprized being not sufficient to repair one half of the Costs and Charges in Equipping out Frigots towards recovery of the Debt The Iniquity and Corruption of the Proctors and Common Claimers being such that discouraged all men concerned in that Affair of Reprizals which in the Nations of old were esteemed as Chattels Real and Sacred Decrees like the Laws of the Medes and Persians Nevertheless in the Month of June 1667. a Treaty was concluded at Breda wherein it was mentioned as it 's said that all Offences Injuries Losses and Damages should be buried in Oblivion and all Letters of Reprizal Revoked which Peace and Alliance continued for the space of four years The Dutch Trading in English Bottoms having a War with the French King Then His Majesty declared a second War in Conjunction with France against the States General which continued for the space of two years DUring which time the Proprietors and Creditors Revived their Demands and made fresh Applications to His Majesty in Council to be Relieved in a publick way whereupon several Orders were made at the Council Board That Instructions should be sent to the Embassadors and Plenipotentiaries for that purpose Which being delivered to the said George Carew with the Kings Letter to the said Embassadors in the Month of June 1672. Intimating that the Obligations of all past Treaties being Cancelled it was just and seasonable that provision should be made in the next Treaty for intire satisfaction of the Spoils and Damages of the two Ships Bona Esperanza and Henry Bona Adventura according to the Liquidation in the Letters Patents wherein the Debt was stated and confirmed under the Great Seal for Reparation as aforesaid But in the Month of August the States of Holland Apprehended the said Carew at the Hague notwithstanding his Passport from the Dutch Commissioners or Embassadors at Hampton-Court to Travel all parts of the United Netherlands and committed him and John Sherland to Prison and Condemned the said Carew for a Spie and an Enemy of their Country in obstructing the
Adventura and in the Estates of the said William Courten Deceased Sir Edward Littleton Baronet and Sir Paul Pyndar Knight Deceased that We 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 Vnited Provinces and by Sir George Downing Knight and Baronet Our Envoy Extraordinary to whom We gave Especial Command so to do required satisfaction to be made according to the Rules of Justice 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 said States General by Our said Envoy and nothing granted effectual for relief of Our said Subjects whom We take Our selves in Honour and Justice concerned to be satisfied and repaired We lately commanded the said Sir George Downing to intimate and signify to the said States that We expected their final Answer concerning satisfaction to be made for the said Ships and Goods by a time then prefixed and since elapsed that We might so govern Our selves thereupon that Our aforesaid Subjects might be Relieved according to Right and Justice 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 Denials and Slightings And whereas Iohn Exton Doctor of Laws Judge of Our High Court of Admiralty of England upon Our Command to certify to Us the value of the Losses and Damages sustained by the said William Courten and Partners whose Interest is now vested in Our loving Subjects Sir Edmond Turnor Knt. 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 Restitntion 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 We 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 Victual Furnish and set to Sea from time to time such and so many Ships and Pinaces as they shall think fit Provided always 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 Victualled 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 of 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 Harbour of England or 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 Realms 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 Judge or Judges thereof for the time being 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 lawful 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 Possession 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 Reprizal and to have and enjoy 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 the time of open War Provided always that all Ships Goods and Merchandize 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 until Judgment 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 Diminished 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 harmeless such as shall Receive Buy or Intermedle therein but that both the Prizes so taken and the said Ship of War shall be confiscated to Our use 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 vertue thereof have by Force of Arms Apprehended Taken Seized Recovered and Received from the said States General or their Subjects one hundred fifty one thousand six
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 Monâ—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
By colour of which Patent great Violence was offered to Sir William Courten's Governour and People and in Fine they were Dispossessed Ann. 1662 That the Consideration of Sir William Courten's Title was referred to the Committee of Forraign Plantations who found that the Heirs and Assigns of Sir William Courten retained a Freehold in the said Island having not any way forfeited the same 1â—th Iune 1663. That Your Majesty in Council having heard the several Pretensions of the Lord Willougby of Parham and others who claim Title to the Caribbee Islands under some Grant from his late Majesty to the Earl of Carlisle was pleased to declare That you might legally avoid the Grant made to the said Earl of Carlisle as you were advised by your Learned Councel of the Law whereby all Grants made by the said Earl of Carlisle and those who claim under him would also be avoided That the Servile Rents of Sugar c. payable to Sir William Courten as absolute Proprietor by Original right of Discovery and Possession of the said Island are now changed into a Duty of 4 and ½ per Cent payable by all Planters there to Your Majesty and Your Grantees and reduced under a certain Rent of 7000 l. per Annum or thereabouts But the Charge in mannaging the same doth consume the greatest part of the said Revenue That Sir William Courten his Heirs and Creditors and others claiming under him have not as yet obtained any Satisfaction for their Right and Interest therein Ann. 1635 That Sir William Courten since Deceased Thomas Kynaston Merchant still living and others their Partners and Co-Adventurers by Vertue of other Letters Patents from His late Majesty under the Great Seal of England undertook several Trading Voyages to Goa China the parts of Mallabar and other places in the East-Indies Ann. 1643 That tâ—o Ships one called the Bona Esperanza and the other the Henry Bona Adventura belonging to the said Courten and Co-Adventurers being Richly Laden and bound Homewards from the East-Indies were set upon by some Ships belonging to the Dutch East-India Company Seized and Injuriously taken and converted to their own use to the Damage of the Proprietors and Adventurers to the value of 151612 l. as appeared upon due Examination thereof in Your Majesties High Court of Admiralty and was accordingly so certified to Your Majesty by the Iudge of the said Court That Kynaston the surviving Partner and those also who claimed under Sir William Courten and his Son and Heir and sole Executor made their Applications for satisfaction of their said Damages upon all occasions of Treaties and otherwise but could not obtain any Reparations Ann. 1665 That Your Majesty Granted Letters of Marque and Reprizals of Common Right under the Great Seal of England unto Sir Edmond Turnor Knt. and George Carew Esq in Right of the Proprietors and others claiming under Courten and Sir Paul Pyndar for Recovery of the said 151612 l. with all Incident Costs and Charges concerning the same with particular Provision that they should continue in Force as well in time of Peace as War until satisfaction obtained for the said Debt and Damages Ann. 1667 That in a Treaty at Breda in the year 1667. an Article was mentioned and agreed upon for Amortizing and Extinguishing the said Damages and Demands Ann. 1671 That afterwards upon a Petition from the said Kynaston Carew and other persons Interessed as aforesaid presented to Your Majesty and by Your Majesty referred to certain Lords of the Privy-Council their Lordships upon Hearing and Examination of the Matters to them referred did humbly Certify and Report to Your Majesty that for the Reasons in their said Certificate and Report expressed all Obligations of past Treaties were Cancelled and that it was Iust and Seasonable for Your Majesty to Insist upon Intire Reparation for your said Injured Subjects in the next Treaty between Your Majesty and the States-General Ann. 1672 That Your Majesty was Graciously pleased to send Your Letters to Your then Plenipotentiaries at Cologne to Insist upon Satisfaction accordingly Ann. 1673 That a Treaty was afterwards Concluded at London in the Month of February in the Year 1673. wherein it is mentioned as is alledged that all Offences Losses and Damages should be buried in Oblivion and all Letters of Reprizals Revoked by renewing the said Treaty at Breda in the 7th Article of the said Treaty concluded at London as aforesaid Wherein a Seperate Peace excluding France was concluded between England and Holland whereby the States-General were to pay Your Majesty 800000 Pattacoons for Damages at four equal payments in four years But the Ships Bona Esperanza and Henry Bona Adventura were left wholly unprovided for Ann. 1680 The persons Interessed with and under Sir William Courten made several Applications to Your Majesty and Councel but all in vain Thereupon the Letters of Reprizal were put in Execution and the Captain and Marriners were taken and Committed to Prison by Warrants from the Council directed to the Lords Commissioners of the Admiralty and afterwards Tryed for Felony and Piracy and Acquitted by the Petty-Iury Ann 1681 That in Hillary-Term last Mr. Attorney General brought a Scire Facias against the said Sir Edmond Turnor and George Carew to Reverse the Letters Patents for Reprizal whereunto they appeared and pleaded But Mr. Attorney hath not proceeded thereupon That 125000 l. and upwards is justly due and owing to the Estates of Sir William Courten and Sir Paul Pyndar by the Heirs and Executors of Peter Boudaen Jacob Pergens and David Goubert Merchants of Holland upon particular Accounts in Trade Bills of Exchange and Obligations no ways relating to the Letters of Reprizal for which they have been Sued in the ordinary Courts of Iudicature in Amsterdam and Middleburgh but the Magistrates there denyed Iustice to the Prosecutors Ann. 1678 That Sir Paul Pyndar having lent and advanced the sum of 80000 l. and upwards before the year 1640. which was to have been repayed to him out of the Fines and Compositions of Papists Convict and other Assignments which are legally vested in the said Richard Powel and Nath. Hill Gentleman they did for the obtaining thereof exhibit their humble Petition to Your Majesty in the Month of May 1678 which was referred to the Lords Commissioners of your Treasury where it still depends THat the said William Courten Grand-child and Heir of Sir William Courten Deceased Charles Earl of Shrewsbuâ—y George Carew Esq Administrator of the Goods and Chattels of Sir William Courten and Sir Paul Pyndar Knt. Deceased with their Wills annexed Richard Powell Esq Thomas Townsend Thomas Coppin Esquires Richard Cresset and Robert Alyeway Gent. and Thomas Coleman Esq on the behalf of themselves and others Interessed in the Premisses do most humbly propose THat in consideration Your Majesty shall be Graciously pleased to Grant as much as in Your Majesty lyes the said Duty of 4 and ½ per Cent arising