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 Composiâ—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
faithfully stated for satisfaction of all persons concerned GEorge Carew of Richmond in the County of Surrey Esq Administrator of the Goods and Chattels of Sir William Courten Knight deceased with his Will annexed having contested at the Hague and Amsterdam after the Kings Restoration for the space of fifteen Months concerning the Spoils and Depredations upon Sir William Courten's Ships and Factories A Provisoe was made in the fifteenth Article of the Treaty concluded at LONDON between the King and the States General the 4th of September 1662. that satisfaction and reparation should be made by the East-India Company of the Netherlands for the two Ships named the Bona Esperanza and Henry Bona Adventura with their Freights and Lading In pursuance of the said Treaty Carew having Expended and Disbursed divers great Sums of Money both in Holland and England without effect he was prompted by several Ministers of State at Whitehall to Address himself by Petition to the Commons in Parliament in the year 1664. for Relief who referred the same to the Committee of Grievances accordingly Sir Tho. Clifford then Chairman of the said Committee after Examination of all the Papers and Depositions concerning this Case brought in by Sir Thomas Littleton Reported that the Loss and Damages amounted to the Sum of One Hundred and Fifty Thousand pounds Sterling and upwards hinting at the evil consequences thereof to the Honour and Interest of the Nation if those Damages were not satisfied and repaired unto the Families of Sir William Courten and Sir Paul Pindar who had merited so much from the Crown and Kingdom Soon after a War insued whereupon the Commons Voted to assist the King with their Lives and Fortunes unto whom they granted several Millions of Money for the Prosecution thereof In the Month of May 1665. the Cause concerning the said Spoils and Depredations which had been debated in the Admiralty in Council and in Parliament was reduced to a certainty for satisfaction by Letters Patents for Reprisals under the Great Seal of England wherein Sir Edmund Turnors Name is used in Trust Carew having the Interest in Law on the behalf of himself and others the Dutch Ambassador then Resident in England had notice of all the proceedings as it is recited in the body of the said Patent which passed through the greatest Offices of Trust in the Kingdom upon mature Consideration The Warrant for passing the said Patent issued out of the Lord Arlingtons Office then Principal Secretary of State containing two clauses for continuance of the Grant until the Debt of 151612l with Damages should be recovered which was debated three Months by the Lord Chancellor Hyde before it passed the Great Seal Sir William Turnor and Sir Robert Wiseman the Kings and Dukes Advocates general being often consulted therein affirmed That it was consonant to the Laws of Nature and Nations that the said Debt and Damages should be satisfied and repaired A President thereof being shewn under the Great Seal in the late Kings time in the Case of Paulet a Merchant who had the like Letters of Reprisals against the Spaniards to continue effectual in the Law until the Debt and Damages should be Reprised who upon a Peace made with Spain had the remainder of his Debt unsatisfied In the year 1666. Carew and the Creditors claiming under him procured several Duplicates and Exemplifications of the said Letters Patents and put the same in execution by deputations against the Hollanders who Trading in divers Bottoms under the colours of Sweeds Hamburgers and other Neighboring Princes and States in Amity with England the very charges of equipping out private men of War could not be gotten the Ships brought in for Prizes being reclaimed and restored as by the Rigister of the Admiralty Court appears However Sir William Coventry then Secretary to his Royal Highness complaining That those special Letters of Reprisal obstructed the Lord High-Admirals profits of Tenths by Letters of Marque in time of War that the Kings Ships were deprived of Seamen A Proclamation issued out the 10th of August 1666. to suspend the Execution of the said Letters Patents protempore Notwithstanding his Royal Highness was gratified with a Months Tax for his Heroick Courage at Sea In the year 1667. a Peace was concluded at Breda whereby all Letters of Reprisals were mentioned to be revoked whereupon the said Carew and the Creditors remained passive until the year 1671. when another War was proclaimed the King having particularly owned this Cause declaring That he was obliged in Iustice and Honour to see that Debt and Damages mentioned in the Letters Patents aforesaid to be satisfied and repaired the Lords of the Privy Council having also affirmed That all past Treaties were absolutely cancelled as if no such Treaties ever had been made Then the said Carew was dispatcht away with Orders of the Councel Table Referrences and Instructions with the Kings Letters to his Ambassadors and Plenipotentiaries to insist upon plenary satisfaction and Reparation in any Treaty to be made with the States The King expressing in his Leters under his Sign manuall his care to protect his Subjects in their just Rights as well as to assist them in the recovery thereof In the Month of August 1672. It so hapned that Carew and his Servants were Imprisoned by the States of Holland as Spies for seeking after Justice and detained close Prisoners without access and threatned with Death during the War which ended in a common Alliance in the year 1674. upon the consideration of Eight hundred Thousand Patacoons inter alia to be paid to the King in four years for Damages yet three parts thereof were assigned to the Prince of Orange and the fourth part received for other services by Alderman Backwel upon his Majesties account but the Debt and Damages ascertained for the Spoils and Depredations aforesaid was left in statu quo to the remedy at Law prescribed In the year 1680. divers of the Creditors of Sir William Courten Sir Paul Pindar and Sir Edward Littleton having importuned the said Carew to put in execution the said Letters of Reprisals since they had no satisfaction either out of the Prizes taken by the Kings Ships during the War nor out of the said Patacoons or any other waies or means whatsoever notwithstanding their several Addresses to the King the States and the Prince of Orange for that purpose Then Carew being advised that several Writs at Common Law in case of a Spoil at Sea lay against the Subjects of Forraign Princes and their Goods found in England until the Statute of Edw. the third provided that the only Remedy should be by the Law of Marque or Reprisals without Fraud or Deceit for all Damages upon Spoils which being ascertained and reduced into a Grant under the Great Seal of England became such an Interest vested in the Grantees coupled with an Authority that could not be taken away without satisfaction made to the Parties interessed and injured And further advised That Soveraign
Admiralty of all such Ships Goods Wares Merchandizes as shall be taken from the said States General or any of their Subjects by Virtue of this Commission or shall otherwise receive Satisfaction of the Debt aforesaid by Composition to be made between those of the East India Company of the Netherlands and the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid ☞ Notwithstanding it may so happen the present Difference between Us and the States General depending upon General Reprisals may be agreed and composed and that in the Interim a Peace and good Correspondance may be renewed between Us and the said States General In which Case Nevertheless it is Our Will and Pleasure That in the Execution of this Our Commission no Violence shall be done to the Persons of the said Subjects of the States General but only in Case of Resistance and that after in cold Blood the said Subjects of the said States General if hurt or Wounded shall be used with all convenient Office of Humanity and Kindness ☞ And Further Our Will and Pleasure is That although it shall happen That all Hostility between Us and the States General and Our respective Subjects shall cease yet this Our Commission shall remain and be in full Force and Power to the said Sr Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid by Virtue thereof to apprehend take and seize by Force of Arms so many more of the said Ships and Goods of the said States General or any of their said Subjects as besides the said Summ before mentioned shall countervail satisfie and pay all such Costs and Charges as the said Sir Edmond Turnor and George Carew their Executors Administrators or Assigns as aforesaid shall from time to time make proof to have disburst and paid towards the Equipping Manning Paying Furnishing and Victualing of the said Ships so licensed and authorized as aforesaid by this our said Commission to be Equipped Manned Payed Furnished or Victualed by the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid for the Purpose aforesaid And Our Will and Pleasure is and We do hereby require Our Iudge or Iudges of Our High Court of Admiralty for the time being and all other Officers of the Admiralty and all other our Iudge or Iudges Officers Ministers and subjects whatsoever to be aiding and assisting to the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid in all points in the due Execution of this Our Royal Commission and to proceed to Adjudication and to adjudge all ships Merchandizes Moneys and Goods by Virtue thereof to be taken and proved to belong to the said States General or any of their subjects to be Lawful Prize to the said Sir Edmond Turnor and George Carew their Executors Administrators or Assigns as aforesaid according to Our Princely Intention hereby signified and expressed and to take Care that this Our Royall Commission be duely executed and favourably Interpreted and Construed in all respects to the Benefit and best Advantage of the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid In Witness whereof We have caused these Our Letters to be made Patents Witness Our self at Westminster the 19 day of May in the 17 Year of Our Reign Per ipsum Regem Barker Nota That there is due to the Estates of Sir William Courten and Sir Paul Pindar the Summ of Two hundred Thousand Pounds sterling and upwards from the Crown of Enland for Moneys lent to the late King upon several Branches of the Revenue before the year 1640. towards the ordinary Charge of the Crown the greatest part of the said Money being taken up at Interest and still standing out and due to several Orphants and Widows who claim their proportionable Shares of the Debt and Dammages mentioned in the Letters Patents aforesaid Memorandum THat King Charles the First found it necessary to put Sir William Courten and his Partners upon Trading Voyages to the East-Indies China and Japan unto whom he gave a Charter under the great Seal of England for the prosecution thereof in the Year 1635. That his said Majesty incouraged Sir Paul Pindar and others to advance divers great Sums of Money as Adventurers in that Expedition and Enterprize That Sir Edward Littleton and others Interessed before the Kings most happy Restoration being under the Notion of Delinquents and Sequestration durst not appear openly against the States and their Subjects for Common Iustice concerning satisfaction and reparation for the Spoyles and Depredations That Sir William Courten and Sir Paul Pindar strained their Credits so far by borrowing several great Sums of Money both of Natives and Strangers to carry on this affair That there is not a County nor Corporation in England Wherein there are not either Original Creditors or their Relations at this time Complaining for their Debts It is inconsistent with the Honour and Interest of the King and Kingdom under all the Circumstances attending this Case to let the History of such Oppression remain upon Record when the Creditors have made their humble Proposals to his Majesty that Lyes before the Lords Commissioners of the Treasury and Mr. Secretary Jenkins for relief upon easie Terms even out of the Foundations that Sir William Courten and Sir Paul Pindar laid The Royal Word of a KING being past and confirmed under his Great Seal That his Grant should not be Obliterated until Satisfaction and Reparation to the Grantees in this Case there ought to be an Inquiry made Whether the Parties Grieved be Satisfied and Repaired and also that they may be duly heard before this Grant be any ways called in by Ministers or Officers of State to be Cancelled and made Null It being repugnant to the Laws of God the Laws of Nature the Statutes of this Realm and even against the Laws of Common Humanity that a particular Interest so ascertained and secured should be taken away from Private persons for a Common Good and not be Satisfyed and Repaired either out of the Publick Purse or suffered to Reprise their Satisfaction and Reparation for the Wrongs and Injuries done them by the Subjects of Holland and Zealand without the Danger of being Hanged as Pyrates and Felons for asking their OWN Three Humble Proposals of the Creditors of Sir William Courten Sir Paul Pyndar William Courten Esq and David Goubard Humbly offered to the KING That in consideration of the Debt and Damages of 151612 l. contraded by the Spoils and Depredations upon the Ships Goods and Factories of Sir William Courten Sir Paul Pyndar and their partners in the East-Indies for which Letters Patents for Reprizals were granted under the Great Seal of England to continue effectual in the Law until the said sum of 151612 l. with Costs and Damages should be recovered and received which is become a Debt incumbent upon the Crown if his Majesty
Princes in all parts of the World having once granted such Letters of Reprisals for Spoils and Wrongs done to their Subjects hold themselves obliged to see right done by one means or other being trusted with the power of Peace and War A Prerogative subservient to the immutable Laws of Nature and right Reason Then Carew Equipped out a small Ship called the George Bona Adventura under the command of Captain Compton Gwyther who took a Fly-Boat laden with Wine and Chesnuts near the Isle of Wight called the Love of Rotterdam to awaken those that ought to make reparations whereupon the Dutch Ambassador moved for Proclamations Supersedeas and scire facias but nothing was offered for satisfaction or repairation upon any account whatsoever for the Debt of 151612 l. although no part of that principal money or of ten thousand pounds more expended and disbursed by the said George Carew in the prosecution of his right was recovered or received as by his Affidavit filed in Chancery hereunto annexed also appears Then Compton Gwyther and his Mariners being Apprehended were tryed for Pyracy and Fellony by a special Commission of Oyer and Terminer grounded upon the Statute of Henry the VIII at the New Hall in the Court of Marshalsea in Southwark on the 18th of Febr. 1680. where the Jury acquitted them as not acting with a Fellonious intent under the colour of that Commission for Reprisals Yet the Ship was restored by the King to the Dutch In the Month following Sir Robert Sawyer the Attorney General brought a scire facias in the Pettibag against Sir Edmund Turner and George Carew to shew cause Why the LETTERS PATENTS should not be revoked repeald or made null and void Whereupon Slings by Bethel and Henry Cornish Esquires the Sheriffs gave personal notice and returned the said VVrit in Easter Term 1681. Then Turnor and Carew Appeared and Pleaded the same Term which lay Dormant until Easter-Term 1682. when the Attorney General put in a Demurrer whereunto the Defendants rejoyned and the Record being Read in Court consisting of five large Skins of Parchment on Saturday the 20 of May the Lord High Chancellor of England appointed Tuesday following to Argue the same whereupon the Defendants Councel moved the Court for longer time in regard they could not have Copies of the Record VVritten out so soon yet it was denied and his Lordship gave Judgment for the King without Arguing the same by the Defendants Councel who will in due time be ready to make appear not only divers Errors in the said Scire facias But that Judgment ought not by the Laws of the Land to be given on the said scire facias his Lordships Judgment being reversable by Writ of Error or Appeal But in the Interval between the scire facias brought and the Demurrer put in Carew being pressed to enter other Ships and Pinnaces according to his Covenants to Reprise some part of the Debt and Dammages many Widdows and Orphants Creditors of Courten and Pindar being concerned therein The Ship named the America with 4 others were offer'd at their instance to be entred in the Admiralty and Cap. W. Hawley to be Commander of the America But Sir R. Lloyd Mr. Bedford refusing to take any other Notice of the Paper than only Reading and returning the same it was Registred in the Chancery and a Deputation given to the said Cap. Hawley upon an Authentick Copy of the said Letters Patents to put the same in Execution who in Prosecution thereof took a Fly-boat laden with Wheat and Rye called the Young Schonemaker of Dort under Sayl about three Leagues from the Texell and then brought the same into Woodbridge Harbour and sent the Bills of Lading with all the Papers on Board unto Mr. Thomas Broadrick Procter in the Admiralty in order to a Sentence of Condemnation Then a Warrant dated 29th of April 1682. issued from the Lords Commissioners of the Admiralty directed to Mr. William Ioynes the Marshal who restored the Prize to the Dutch and apprehended Captain Hawley and his Men for Pyracy and Fellony and committed them to the Prison of the Marshalsea in order to their Tryal on Saturday the 10th of Iune 1682. Mr Carew's Affidavit Filed in Chancery Dom. Rex vers Carew al' super Brev. scire facias in suprem ' Curia Cancellar GEorge Carew of Richmond in the County of Surrey Esq one of the Defendants in this Cause maketh Oath That he this Deponent being advised by his Councel Learned in the Laws that a special Proviso was made in the fifteenth Article of the Treaty Concluded at London between the King and the States General Dated the 4th of September 1662. For Satisfaction and Repairation of the Spoyles and Depredations of the Two Ships called The Bona Esperanza and Henry Bona Adventura and the Letters Patents for Reprisals in pursuance thereof Recited in the PLEA to the said scire facias he this Deponent valued himself as vested with such a right and property in the Debt and Damages Ascertained by the Grant in the said Letters Patents That he this Deponent disbursed and expended the sum of Ten Thousand Pounds and Upwards in the Prosecution of his Right Three Thousand and Five Hundred Pounds of the said Money being furnished by Thomas Foley Esq upon the purchase of Aunton Farm in Worcester-shire from this Deponent Two Thousand Pounds more thereof lent to this Deponent by Tho. Colman Esq upon the Mortgage of Eight Houses in the City of London and Two Thousand Five Hundred Pounds by Sir Iames Butler upon a Conditional Surrender of a Coppy-hold Estate in Richmond Whereupon there is a Decree in this Court to foreclose this Deponant from the Equity of Redemption if the Principal Money Interest and Charges be not paid by Christmas next most part of the said 8000 l. being paid to Sir William Powell Sir Iohn Ayton and others claiming their Debts under this Deponants Administration by Judgments and other Securities from Sir Paul Pindar and Sir William Courten And this Deponant farther faith That He this Deponent hath not Directly nor Indirectly received any Satisfaction for the principal Debt of 151612 l. mentioned in the said Letters Patents for the said Spoyles and Depredations save only the Sum of 50 l. Sterling paid by Alderman Backwell by the Earl of Danby's Order out of the 800000 Pattacoons and 150 l. more by the States of Holland towards this Deponents extraordinary Charges in Prison The King having paid the ordinary Costs and Expences of this Deponents Imprisonment with two Servants for the space of 22 Months at the Hague during the last War notwithstanding there is One Hundred Fifty Thousand Pounds Sterling and upwards due to the Creditors of Sir William Courten and Sir Paul Pindar upon Bonds and Judgments wherein many poor Orphants and Widdows are concerned And this Deponent saith That the Record consisting of five Skins of Parchment appointed to be Argued on Fryday 26 of this Instant May.