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A34160 Hinc illæ lacrymæ, or, An epitome of the life and death of Sir Wlliam Courten and Sir Paul Pyndar ... 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 ... ; with some remarques thereupon. Carew, Thomas, 1595?-1639? 1681 (1681) Wing C563; ESTC R12035 39,994 28

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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 1●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 t●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 Shrewsbu●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
all such Acts and Things as the said Captain by Strength and Force of the said Ship and men by vertue and in pursuance of the said Letters Patents and the Commission hereby given may lawfully do in such manner and Form as by the said Letters Patents is limited expressed and declared In witness whereof the said George Carew hath hereunto set his Hand and Seal the 14 th day of Iune in the Two and Thirtieth year of the Reign of our Soverain Lord King Charles the second Anno Dom. 1680. George Carew NOtwithstanding the said Letters Patent were read in Court hereafter recited at large in the Plea to the Seire Facias Sir Lyonel Jenkins persisted to the Iury that by the Laws of Nations the Treaty at Breda had made null and void all Letters of Reprizal That the Kings Proclamation was of a sufficient Authority to bind all His Subjects and that His Majesty having the power of Peace and War all people were to take notice thereof Unto which the Prisoners replyed that the putting the Letters of Reprizal into Execution was no breach of the Peace neither was any thing done Felo Animo in prosecution of the said Commission or Piratically in pursuance of that Authority contained in the Letters Patents and that they had used the Dutch Master and Seamen with all Kindness and Humanity set them on Shoar with all their Apparel and what else they pleased to take with them Then one of the Learned Iudges insisted that the Commission was voidable at the Kings pleasure being but a bare Authority and determinable at the Kings Will. Whereupon the Prisoners at the Bar Craved to be heard by Mr. Wallup Mr. Molloy and others their Councel to those points in Law who replyed that the King had by His Graut vested the Subjects in this Case with a● Interest coupled with an Authority for Recovery of their Debt and Damages and especially provided for the continuance thereof until satisfaction of the Principal Debt withal Casts and Charges or a Composition for the same with the Parties Interessed and Injured Pro ut ' c. vide the Grant Sir Lyonel Jenkins then further urged erroniously that the Hollanders had not any notice of the Monition for Examination of Witnesses that made proof of the Spoils and Depredation And that the said Letters Patents for Peprizal being Granted in time of War the East-India Company of the Netherlands could make no defence against it Which was otherwise the Monition being fixed upon a Piller of the Exchange in the year 1644. and partecular notice given to the Dutch Embassador to Cross Examine the said Deponents if he pleased And that the East-India Company had sufficient notice and warning two years together by Memorials that the Grant for Reprizals would pass in that nature for Reparation of the Debt and Damages being so recited in the body of the Record Several other Arguments were used and the Major part of the Iudges seemed satisfied therewith Then Iudge Raymond and Iudge Wyndham urged that the Iury might find the Matter Specially which was opposed by divers of the Iudges Sir Job Charleton sayi●g he would not wash his Hands in the Blood of those persons Besides Mr. Carew having obserued that the Treaties mentioned in the pretended Supersedeas and Proclamation were not Inrolled and therefore the Printed Copies thereof offered as Evidence were impertinent So upon the whole matter the Iury brought in their Uerdict that the Prisoners were neither Guilty of Felony nor Pyracy Whereupon Sir Lyonel Jenkins bound over Mr. Carew in a Recognizance under a great Penalty with Caution to answer to an Information at the Kings-Bench-Bar the first day of Easter Term following and would have kept his Original Patent under the Great Seal of England which was Exhibited and read in Court as an Evidence on the behalf of the Prisoners at the Bar upon their Tryal Sir Lyonel pretending that it ought to be detained by way of prevention for that Mr. Carew intended to set forth other Ships upon the like occasion But several of the Iudges answered that the Patent being brought into Court as Evidence by Mr. Carew it ought to be returned to him Sir George Treby alleadging it as a very unreasonable thing that they who came to give Iudgment in Cases of Depredation should be guilty of it themselves so the Patent was retur●●d to Carew accordingly But before Easter Term a Scire Fac●as Issued forth of the High Court of Chancery in the Kings Name directed to the Sheriff of Middlesex to Summon Sir Edmond Turnor and the said George Garew to shew Cause why the said Letters Patents should not be brought into His Majesties said Court of Chancery there to be Cancelled and made void with the Inrollment thereof who were summoned to appear qu●ndenà Paschae 1681. which they did according to the said Summons the Scire Facias and return thereof being contained in hec verba as followeth with the Plea thereunto annexed both remaining of Record in the Petty-bagg Office The Scire Facias Dom. Rex con ' Turnor Carew CArolus secundus Dei gratia Angl ' Scoc ' Franc ' Hibern ' Rex Fidei Defensor ' c. vic' Midd salutem cum per quasdem literas nostras Patentes magno sigillo nostro Angl ' sigillat ' geren ' dat' apud Westm ' decimo nono die Maii Anno regni nostri decimo septimo pro restitut ' saciend ' Carolo tunc Comiti Salop al' in eisdem liieris Paten nominatis Participibus cum quodam Willielmo Courten Armigero modo defunct pro quibusdam Navibus bonis Merchandizis in eisdem literis Paten ' spicificat ' ejusdem Willielmi Courten participum suorum predict per subditos statuum General Provinciar ' Belgii unitar ' aute tunc in partibus exteriis ab eis minus juste capt ' detent ' Dedimus licent ' authorit ' quibusd ' Edmundo Turnor Mil ' Georgio Carew Ar ' duobus participium predictor ' in eisdem Literis Patentibus nominatis Execut ' Administ ' vel Assign suis ex parte sua aliar ' pers●●●r ' supradict ' armandi comeatu instruendi Anglice furnishing ad mare emittendi Anglice 〈◊〉 to Sea tot ' tales naves naviculas Anglice Pinnaces quot sibi vellent Ac cum eisdem aggrediend Anglice setting upon capiendi seisiendi omnes naves bona m●net ' Merchandiz eorund Statuum General ' subditor ' suorum infra aliqua Dominia Territor ' sua quecunque inhabitan ' cujuslibet particular ' Stat ' infra Provincias supraedict ' ubicunque eadem invent ' fuerint extra aliquem Portum Angliae sive Hiberniae eadem custodiend in corum sive alicujus eorum possession ' retinend ' ac ut bona sua propria post adjudicationem in suprema Curia Admiralitatis Angliae pro preda legittima vendendi disponendi quousque sibi prefat ' Edmundo Turnor Georgio