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
Carew Particibus suis predictis de damnis summa monete in eisdem literis Paten ' eis fore debit ' et solubil ' computat ' unacum misis expensis suis que in ea parte rationabilit ' sustinent plenare fuer ' satisfact ' pro ut per easdem Luteras Patentes unacum seperal ' Clausul Provision ' in eisdem content ' specificat ' relatione inde habit a plenius Liquet apparet cumque per Articulos pacis Confederationis inter nos Celsos ac Prepotentes Dominos ordines generales federatorum Belgii Provinciar ' apud Bredamâ— icesimo primo die Iulii Anno regno nostri decimo nono sub magno sigillo nostro Anglie ratificat ' ac infra hoc Regnum nostrum Anglie publice solempnit ' Proclamat ' vicesinio quarto die Augusti in eodem Anno inter alia conventum concordatum provisum existit ' quod omnes â—itere Reprizal Marque Contramarque tam general ' quam special ' sunt inhibite revocat ' quodque non erit permissum subditis utrinque suis hostilitatem aut violentiam alt ' partum inferre aut mari aut terra pretextu aut Colore quocunque cumque per al' Articulos pacis amicitiae inter nos predictos ordines generales federatarum Belgii Provinciarum predict ' conclus ' apud Westm ' nono die Febâ—â—arii Anno regni nostri vicesimo sexto sub magno sigillo nostro Anglie ratificat ' ac infra hoc regnum nostrum Angliae publice solempnit ' proclamat ' vicesimo octavo die dicti mensis Februarii Anno regni nostri vicesimo sexto supradicto Articul ' predict pacis amicitie conclus ' apud Bredam predict ' confirment renovent maneant in plena vi ac vigore omnesque Articuli predict in t ' al. ratifieat confirmat ' existunt Cumque nos ulterius per literas nostras Patentes sub magno sigillo nostro Anglie Geren ' dat' decimo sexto die Iunii Anno regni nostri tricesimo secundo supersedimus revocavimus adnullavimus evacuavimus predictas Litras Patentes geren ' dat' pred' decimo nono die Maii Anno regni nostri decimo septimo supradicto Ac omnes singulas Potestates authoritates Clausul ' Commission ' Concession ' licentias in eisdem content ' Cumque daâ— ' sit nobis intelligi quod quamvis ratione premissorum predictorum litere Panten ' sic ut prefertur â—isdem Edmundo Turnor Georgio Carew confect ' vacue nullius vigoris seu effectus in Lege suerint quodque omnis licentia authoritas per easdem concess ' penitus adnullat ' revocat ' fuerint existunt Colore tamen literarum Paten ' pred' iisdem Edmundo Turnor Georgio Carew confest ' quamplurimum subditorum Statuum general ' predictorum fuerint indies sunt injuste contra tractatus pacis Amicitiae predict ' multifariam inquietati gravati et molestati ad grave dampnum subditorum predictorum magnum dedecus contemptum nostrum ad infringendam pacem illam in t ' nos Status generales predict ' quam firmam esse volumus nos volentes remedium in hac parte congruum providere tantisque malis in futurum obviam ire ac in permissis fieri quodest justum Tibi igitur precipimus quod per probos legales homines de Balliva tua scire fac ' prefat ' Edmundo Turnor Georgio Carew quod sint coram nobis in Cancellar ' nostra predict ' in quindena Pasche prox ' futur ' ubicunque tunc suerit ad ostendend ' si quid pro se habeant vel dicere sciant quare dictae Leterae Patentes sic ut prefertur eisdem Edmundo Turnor Georgio Carew confect ' ac Irrotulamen ' eorundem occasionibus predictis cancellari evacuari damnari ac frustari ac nobis in Cancellar ' nostram predict ' restitui ibidem cancelland non debeant ad faciend ' ulterius recipiend ' quod dicta Cur ' nostra consideravit in hac parte habeas ibi nomina illorum per quos eis scire feceris hoc breve Teste meipsos apud Westm ' duodecimo die Februarii Anno regni nostri tricesimo tertio Grimston Pengry Virtute istius brevis mihi direct ' per Samuelem Packer Samuelem Gardiner probos legales homines de Balliva mea scire feci infra nominat ' Edmundo Turnor Georgio Carew quod sint coram Domino Rege infra script ' ad diem locum infra content ' ad ostended c. prout interius mihi precipitur Respons ' Slingsby Bethel Ar ' Vic' Henr ' Cornish Ar ' Vic' The Plea to the Scire Facias Pyndar ET predictus Edmundus Turnor Georgius Carew per Matheum Pyndar Ar ' Attorn ' suum ven ' defend ' vim injur ' quando 〈◊〉 pet ' Audit Irrotulament ' Literarum Patent in brevi de Scirifas ' predict ' mentionat eis Legitur in haec verba 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 of our Lord one thousand six hundred fourty and three 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 Straights of Malacca deprived and most injuriously spoiled of a certain Ship named the Bona Esperanza and of her Tackle Apparel and Furniture and all the Goods and Lading in her upon a very hopeful Trading Voyage to China which were carried to Battavia 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 Bona Henry 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 detained from the right Owners And whereas the said William Courten and his Assigns in his life time used all possible indeavours to recover the said Ships and Goods and to procure further Justice 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 Iohn 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