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.
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
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