HINC ILLAE LACRYMAE OR AN EPITOME OF THE LIFE and DEATH OF Sir William Courten AND Sir Paul Pyndar Late of London K nts Deceased With their great Services and Sufferings under the Crown of ENGLAND Together with a Brief NARRATIVE of the Case and Tryal of certain Persons for Pyracy and Felony on the 10th of February 1680. Upon a Special Commission of Oyer and Terminer grounded upon the Statute of the 28 of Henry the 8. Faithfully and Modestly Collected by Thomas Carew Gent. with some Remarques thereupon LONDON Printed for the Persons Interessed Anno Dom. MDCLXXXI To the Honourable Sir John Nicholas Knight of the Bath One of the Clerks of His Majesties most Honourable Privy Councel SIR AT the Instance and Importunity of the Heirs Executors and Administrators of Sir William Courten and Sir Paul Pyndar and several of their most considerable Creditors for whom I have been an Agent almost these forty years last past am now constrained to write this brief Narrative of their Services and Sufferings for the Crown and Kingdom of England Wherein so many Orphans and Widows have long Groaned under the misfortune of those two most Eminent Merchants in the World of their time whose Tears are not yet wiped away It s held for an Opinion amongst the Casuists that although a Trespassor should be Iudicially acquitted and discharged of a particular Injury done unto his Neighbour without giving him satisfaction Yet he stands obliged in Equity and good Conscience to make him Restitution and Reparation for the Wrong and Damages sustained The Arguments are far stronger against those that have Spoiled Courten and Pyndar in the East and West-Indies with a Continuando Although their Rights and Properties were Invaded at Home and Abroad no Power could divest the Proprietors and Interessed in this Case of their Senses and Reason In all Revolutions of Government nothing could make them Disloyal to their Prince nor Unfaithful to their Country they never appeared otherwise then with their Humble Addresses for some Seasonable Satisfaction to their Iust Demands The Substance of the whole matters contained in this History with the Prosecution thereupon are reduced into the following Abstracts only the Scire Facias brought by His Majesty and the Plea thereupon recited at large as they remain upon Record and Humbly represented Methodically to the Right Honourable Viscount Hyde which will naturally fall under the Consideration of the Lords Commissioners of the Treasury being all contracted at last into three several Petitions the one relating to the Barbados and the Products thereof the second to the Disbursements for the Crown before the year 1641. the third to the Debts and Damages due from the East-India Company of the Netherlands and some particular Inhabitants in Amsterdam and Middleburgh to the Estates of Sir William Courten and Sir Paul Pyndar wherein the Honour and Interest of the King and Kingdom are concerned to see Right done to the Petitioners respectively who had many kind Offices done for them in the Premisses by your Father and have all of them a great Confidence in your Zeal to Iustice and your readiness to do them all Lawful Favours in the duty of your Office and with that assurance I remain SIR Your most Obliged Friend and Servant THOMAS CAREW July 12th 1681. To the Right Honourable Lawrence Lord Hyde Viscount Killingworth Baron of Wooten Basset Primier Commissioner of the Treasury and one of the Lords of His Majesties most Honourable Privy Councel Right Honourable IT was thought necessary and expedient by the late King Charles and the Lords and others of His Majesties most Honourable Privy Councel in the year 1635. upon the decay of the East-India Trade and His Majesties Customs in the Port of London The Merchants Trading to the East-Indies having wasted several great Ioynt Stocks being undermined and beaten out of Commerce by the Dutch to give Command and encouragement to Sir William Courten and his Partners by a new Charter and Grant under the Great Seal of England to undertake Trading Uoyages to Goa the parts of Mallabar Chyna Japan c. Upon whose Foundations and Discoveries the present East-India Company have taken such Methods and Measures whereby they have Trebled their Principal Actions Increased Navigation and brought Honour and Wealth to this Kingdom But Sir William Courten and his Partâ—ers as iâ— most enterprises for the publick good 〈…〉 great Difficulties Losses and Damages after they had settled several Fact 〈◊〉 in places of Strength and Seâ—urity at their vast Expence and Charges upon hopes of Protection from the Crown of England which prâ—â—ed otherwise pro tempore by reason of the late Intestine Troubles in England Scotland and Ireland that gave opportunity to the Hollanders to spoil those Noble undertakings of Sir William Courten and his Associates The King of Great Britain having granted the Priviledge and Favour to Sir William Courten and his Partners in the said Charter as an Ensigne that they were imployed by His Maiesty to carry iâ— all their Ships the same Colours commonly called the Iack oâ— English Flâ—gg Whereby Captain Proud and other Old Officers yet Living of the East-India Companies Ships upon the Command of a great Gun Struck their Flaggs and Lowered their Lop-Sails at Goa iii view of theÌ„ Portugals and Dutch such a respect was paid to the Kings Colours when he was in Prosperity that soon afterwards in the year 1643. were taken down from the Bona Esperanza and dragged aâ—out the Streets by the Hollanders in Battavia when they had spoiled Courten of his Ships and Goods My Lord It would seem a great piece of Folly to make any impertinent Repetitions in a Case so well known to the World wherein every Paragraph is an Abstract out of Matters of Record Only I am bound to acquaint Your Honour that the late Lord High Chancellor of England Your Father was much concerned in several Transactions thereof who I presume if he were now Living would Study all ways and means possible to compose the Differences and Controversies in this Case rather then suffer those things to be Argued publickly in the Highest Court of Iudicature and there to remain unto Posterity wherein the Kings Honour and Iustice would be exposed by recriminating divers persons that lie under such Circumstances of Grand Mistakes and Oppression The Memory of Sir William Courten and Sir Paul Pyndar who had so déeply suffered in the East and West Indies and of their great Services otherwise for the Crown of England readily Inclined His now Majesty and the Ministers of State in the year 1660. to recommend their Cases more especially for Satisfaction and Reparation which were Solicited several years together with great Industry and Expence both at Home and Abroad without any effect otherwise then some preparatory means towards relief in two of their Demands as follows that is to say First Concerning Sir William Courten's Title to the Barbadoes wherein he was Absolute Proprietor by Original Right of Discovery and
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.
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