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A34083 Lex talionis, or, The Law of marque or reprizals fully represented in the case of spoyls and depredations upon the ships, goods and factories of Sir William Courten and his partners in the East-Indies, China and Japan : whereupon letters patents for reprizals were granted under the great seal of England to continue effectual in the law against the States General of the United Provinces and their subjects ... : together with three several proposals of the creditors, to the King, and their answer (in a postscript) to the Lord Chancellour's arguments upon the scire facias brought by Sir Robert Sawyer ... concerning the letters patents aforesaid. Carew, George, Esq. 1682 (1682) Wing C549; ESTC R33340 30,399 34

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moritur nunquam Recollected by Th. Smith Gen. Iune 16th 1682. A Copy of the Affidavit made by Mr Conny and Mr Peisley filed in Chancery concerning the Entry of the Ships in the Admiralty hereunto annexed IN pursuance of an Agreement in Writing Indented made the Twelveth day of May one Thousand six Hundred sixty six and in the Eighteenth year of the Reign of Our Sovereign Lord Charles the second Between George Carew Esq Administrator of the Goods and Chattels Rights Debts and Credits of Sir William Courten and Sir Paul Pyndar Knights With their Wills annexed Deceased of the one part And John Graham of Westminster Esq and John Brown of London Gent. of the other part on the behalf of several Creditors in the Schedule to the said Indenture annexed These five Ships with their Tackle Ammunition Provisions and Men are Nominated and Appointed to be entred in the Admiralty in Prosecution of certain Letters Patents for Reprisals in the said Indenture mentioned and thereunto Annexed to put the same in Execution from time to time according to this entry and the Proviso's and Limitations in the said Letters Patents contained until the Debt of One Hundred Fifty One Thousand Six Hundred Twelve Pounds with all Costs and Damages shall be Recovered and Received or a Composi●ion made for the same as in the said Letters Patents is mentioned and expressed The Ship named the Planter of the Burthen of twenty Tuns or thereabouts four Guns twenty five Men Victualled for six Months Aaron VVright Commander to put the said Commission or Deputation in Execution from six Months to six Months until the Debt of One Hundred Fifty One Thousand Six Hundred and Twelve Pounds with all Costs and Dammages shall be Recovered or otherwise Composed The Ship named the Asia burthen one Hundred Tuns or thereabouts Ten Guns seventy Men Captain Roger Hawkshead Commander Victualled from time to time for the space of three Months every season until the said Debt of One hundred fifty one thousand six hundred and twelve Pounds with Costs and Dammages mentioned in the said Letters Patents shall be recovered or composed The Ship named the VVilliam and Thomas burthen one hundred and fifty Tuns or thereabouts two hundred Men twenty five Guns Victualled for nine Months Captain Robert Cambell Commander and at the Expirations of nine Months for nine Monts more and so at the end of every nine Months to be Victualled de Novo from time to time for nine Months longer until the said Debt Dammages and Costs shall be Recovered and Received or a composition made with the persons Interested and Injured The Ship named the America burthen fourscore Tuns or thereabouts one hundred Men eight Guns Victualled for six Months Captain VVilliam Hawley Commander and at the Expiration of the said Term to Revictual and Equip the said Ship from six months to six months until the said Debt of One Hundred Fifty One Thousand Six Hundred Twelve Pounds with costs and Dammages shall be satisfyed repay'd The Ship named the Affrica burthen one hundred and twenty Tons or thereabouts one hundred and fifty Men fifteen Guns Victualled for 12 months Captain Thomas VVood Commander to put the said Commission in Execution as aforesaid according to the several Conditions Limitations and Proviso's in the said Letters Patents expressly mentioned and contained Unto whom Deputations were immediately given accordingly of the same date to put the said Letters Patents in Execution at such times and in such parts of the World as they should think most convenient for their Purpose THomas Conny and Samuel Peisly of London Gentlemen make Oath That they these Deponents did in Company with George Carew Esq on the ninth of September 1681. at the request of several persons Interested and Concerned in the Debt of 151612 l. mentioned in the Letters Patents within Recited call upon Thomas Bedford Esq Register of the Admiralty Court at his Office in Doctors-Commons and then and there require of him to make an entry of the five Ships with the number of their Men Guns Provisions Burthens Commanders Names and times of Victualling as they are mentioned and expressed on the other side of this Affidavit whereupon the said Thomas Bedford desired these Deponents to come again the next Morning and appear with him before Sir Richard Lloyd Surrogate to the Iudg of the said Court who took the same in his Hand and after he had perused the Contents thereof gave these Deponents the said Paper again in Company of the said George Carew Saying they would not make any other entry then several Notes they had taken in Writing and the Names of these Deponents Jurat 10. die Octobris Anno Regni Dom nri Car. sec. 33o. Coram me magro in Canc ' Io. Francklin Ex. W. Poynter Tho. Conny Samuel Peisly A COPY of the LETTERS-PATENTS For Especial Reprisals granted by the King of Great Britain under the Great Seal of ENGLAND against the States General and their Subjects for 151612 l. Sterling with Costs and Damages for the Recoverie thereof CHARLES the Second by the Grace of GOD King of England Scotland France and Ireland Defender of the Faith c. To all Christian People to whom these Presents shall come Greeting Whereas our loving Subject William Courten Esq deceased and his Partners in the year 1643. by the Depredation and Hostile Act of one Geland Commander in Chief of two Ships belonging to the East-India Company of the Netherlands was between Goa and Maccao in the Streights of Malacca deprived and most injuriously spoiled of a certain Ship named the Bona Esperanza and of her Tackle Apparel Furniture and all the Goods and Lading in her upon a very hopeful Trading Voyage to China which were carried to Batavia and there all de facto without due Process of Law confiscated and that also in the said year another laden Ship of our said Subject called the Henry Bona Adventura being come on ground on the Island Mauritius was there both Ship and Goods seized upon by some of the Officers and Ministers and others under the Command of the said East-India Company and utterly deteined from the right Owners And whereas the said William Courten and his Assigns in his life-time used all possible Endeavours to recover the said Ships and Goods and to procure further Iustice against the Malefactors and yet could obtain no Restitution or Satisfaction whereby they became to be much distressed and utterly undone in their Estate and Credit and that thereupon and upon the most humble Supplication and Addresses of Francis Earl of Shrewsbury and William Courten Esq Son and Heir of the said William deceased Sir John Ayton and Sir Edmond Turnor Knights George Carew and Charles Whitaker Esquires on the behalf of themselves and divers others Interessed in the said two Ships Bona Esperanza and Henry Bona Adventura and in the Estates of the said William Courten deceased Sir Edward Littleton Baron t and Sir Paul Pyndar Knight deceased That We