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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A60565	A brief abstract of the case concerning the letters patents for reprizals (hereunto annexed) against the States-General and their subjects whereupon Capt. Compton Gwyther, William Coates, Joseph Bullivant, John Baxter, Francis Wansell, Francis Martin, John Gibson, and William Jones, prisoners in the Marshalsea, are to be tryed for their lives, according to the common law of England, on the 18th of February instant, upon the Statute of 28 Henry 8. cap. 15 under the pretence of piracy, for taking a Galliot-Hoy (called the Love of Rotterdam) laden with 160 tun of wine, and prunes, on the 3d of December last, bound from Bourdeaux to Dort / faithfully recollected out of all the originals by Thomas Smith Gent. ; with some remarkable observations both upon the matters of fact, and the law in the whole case.	Smith, Thomas, Gent.	1681 (1681)	Wing S4228; ESTC R12870	9,089	8

under the Great Seal of England the highest Security of the Kingdom It is very observable That the Proprietors and Creditors which have waited with so much patience to a miracle do aver That since the King's Restauration they have not by the judicial and durable Grant for Reprizals nor by any other ways and means whatsoever gotten half their Expences and incident Charges concerning the Premises Wherefore they humbly hope in due time to repair and satisfie themselves their Debt Costs and Damages by force of their Letters Patents When the Grant passed to Carew who had the Right and Administration in Law to the Damages an Authority vested in him to compel the payment by force which he could not do before It is not a bare and ambulatory Authorit that passed as in every ordinary Commission but an Interest of 151612 l. coupled or joyned with an authority whereby the King binds himself to see it satisfied paid and the Reasons and Arguments why it should be so and not otherwise are unanswerable 1. It 's granted pro confesso there was a real Debt and Damages contracted by the States 2. There was a provision made in a publick Treaty An. 1662. for a full and intire satisfaction and reparation for it 3. That Carew upon passing the Patent was injoyned by the Lord Chancellor Hyde to release ten thousand Pounds due to him out of the Customs in discharge of Sir John Wostenholm's Debts contracted upon the late King's Accompt which were bona fide paid by Sir Edmund Turnor out of that individual Money his name being used only in trust in the said Patent for Carew and others 4. That several of Courten's Littleton's and Pyndar's Creditors gave up their Bonds and Securities for an assignment of a due proportion of the said Debt so secured by Patent with power to put the same in Execution when they see their own time and opportunity Yet notwithstanding the Ministers of State in this Age are not ashamed to wound the King's Honour and Reputation by their Arbitrary and Extrajudicial Orders of the Council-Table with a pretended Supersedeas and Proclamation as forms and ways of repealing recalling and revoking the said Letters Patents so solemnly obtained under those considerations that cannot be extinguished without satisfaction and reparations by one side or the other It would be a President of the most dangerous consequence in the world to all civil Society and Commerce if it should rest in the King's Power or the States to take away the Subjects right and remedy without a compensation The Law of England is possitive in it that there can be no other ways to repeal or make void the King's Letters Patents than by judicial proceedings either by Inquisition or a scire facias that the parties concerned may have liberty to plead and defend their own Right which they cannot do unto a White-Hall Supersedeas on Proclamation The Lord Coke in his Reports says that an Indictment is not to be concluded contra Regiam proclamationem but contra Leges Statuta c. for the King cannot create an offence by his Proclamation which was not an offence before for that would be to change the Law And in the fourth part of his Institutes cap. 8. p. 88. treating of the Jurisdiction and Office of the Lord High Chancellor of England and the Judgments concerning cancelling of Letters Patents by scire facias says Quod praedictae literae patentes dicti domini Regis revocentur cancellentur evacuentur adnullentur vacue invalidae pro nullo penitus habeantur teneantur ac etiam quod irrotulamentum eorundum cancelleter cassetur adnihiletur c. And all this is to be done judicially by hearing the parties and not by any Order of Council Supersedeas or Proclamation which the King or States may do by Scire facias when the Debt is paid recovered or compounded By the grand Charter of England confirmed by so many Acts of Parliament wherein the King is a party no man shall be disseised or destroyed but by legal tryal nor Iustice denied or delayed but right preserved by the Law of the Land And the King and his great Ministers of State are sworn to observe the same accordingly Admitting a Foreign Sovereign Prince granting Letters Patents for Reprizals to a Corporation of his Subjects against a Sovereign State that had spoiled them of their Ships and Goods to the value of a million of Rix Dollars under the same circumstances that the Grant should continue effectual in the Law until the Debt and Damages should be recovered Afterwards the said Prince and State treat togethere and settle a common Alliance upon a sum of Money given to the said Princ without mentioning the particular Grant to the said Corporation of his Subjects for the Rix-dollars and then becomes insolvent admitting the said Prince or his People are the Debtors And the Corporation unsatisfied puts in Execution against the said State the Letters Patents remaining inrolled in the Supreme Court of Judicature upon Record and takes Ships to the value of the Spoil and Damages mentioned in the Patent The Question is Whether it would not be deemed an act of Inhumanity against the Law of Nature in the State to prosecute any of the persons or their Agents they had formerly spoiled for their Lives as Pirates acting under the said Patent and coming under the Power of the said State Or whether it would not be an abomination and most horrid act in the Prince or his Ministers to prosecute those for Pirates that he himself or his People ought in Conscience Reason and Equity to satisfie No men can be safe in their Lives Liberties or Estates under a Government where there is a failer of Justice that the Subjects cannot be protected according to the Laws of God and their Country Fiat Justitia pereat mundus Actum per T. S. Feb. 12. 1680.

A brief Abstract of the CASE concerning the Letters Patents for Reprizals hereunto annexed against the States-General and their Subjects whereupon Capt. Compton Gwyther William Coates Joseph Bullivant John Baxter Francis Wansell Francis Martin John Gibson and William Jones Prisoners in the Marshalsea are to be Tryed for their Lives according to the Common Law of England on the 18 th of Februvry instant upon the Statute of 28 Henry 8. cap. 15. under the pretence of PIRACY for taking a Galliot-Hoy called the Love of Rotterdam laden with 160 Tun of Wine and Prunes on the 3 d of December last bound from Bourdeaux to Dort Faithfully Recollected out of all the Originals by Thomas Smith Gent. With some Remarkable Observations both upon the Matters of Fact and the Law in the whole Case IN the year 1635. King Charles the First being truly informed that the East-India Company of England had wasted several great Joynt Stocks and not settled themselves in any Credible Factories in India or parts adjacent of any considerable strength since the first Erection of the said Company but had rendred themselves subject to the apparent Insolencies and Injuries of the Dutch whereupon Sir William Courten Endimion Porter Esq Capt. John Weddell Nathaniel Mountney Thomas Kynaston Merchant and their Partners were importuned and encouraged by the King and Councel to undertake Trading-Voyages to the Coast of India China and Japan In which enterprize Sir Paul Pyndar advanced the sum of 36000 l. sterling in the year 1636. The East-India Company of the Netherlands foreseeing that it might lessen their Trade and Commerce in those parts sought by all indirect ways and means to undermine and spoil the said Courten and his Partners in their Trading-Voyages whereupon the two Ships named the Dragon and Katharine richly laden to the value of 200000 l. homewards bound from China and Japan in the year 1638. were lost and destroyed both Men Ships and Goods and never heard of to this day In the year 1642. Sir William Courten being dead William Courten his Son and Heir and sole Executor did with the rest of his Partners set forth amongst other Ships the Bona Esperanza and Henry Bona Adventura which were injuriously seized and taken by the Officers of the East-India Company of the Netherlands in the year 1643. and converted to their own use to the damage of Courten and his Partners the sum of 151612 l. as by the said Letters Patents annexed appears Upon the Kings most happy Restauration the surviving Partners and the Heirs Executors and Administrators of the rest of the Adventurers addressed themselves in the year 1660. to the King for relief whereupon a signal Compact and Agreement was made after two years debate between the King and the States-General in the 15th Article of the Treaty concluded at London Anno 1662. That upon the Restitution of the Island of Poleron and entire satisfaction to be made to the parties Interessed and Injured concerning the said two Ships Bona Esperanza and Henry Bona Adventura all other Offences Injuries and Losses suffered by the Subjects of England should remain cancelled and extinguished Whereupon Sir George Downing his Majesties Envoy Extraordinary to the States-General in pursuance of the said Treaty had several Conferences with the Deputies of the said States and the East-India Company of the Netherlands in the Hague to liquidate the said loss and damages for the space of two years more without any other effect then an inconsiderable offer of Two hundred thousand Gilders for the whole Spoil and Depredations pretending they had paid some part of Courten's proportion in the year 1649. to Jacob Pergens who had given security by Peter Boudaen to indempnifie the Company from the claim of Sir Paul Pyndar and Sir Edward Littleton who had intimated their Right by Jonas Abeeles and a Publick Notary in the year 1648. to the said East-India Company at their Chamber in Amsterdam as by the several and respective Acts and Deeds may appear That the said George Carew in the Letters Patents mentioned putting great confidence in his Majesties most sacred Covenants and Grant under the Great Seal of England sold his Mannor of Aunton alias Aldington in the Valley of Evesham with the Lands thereunto belonging for the sum of 3800 l. to Mr. Thomas Foley to satisfie Sir William Powell John Whitfield Esq Henry Soam and others that had the Interest in Sir Paul Pyndars and Sir Edward Littletons Assignments and the Deeds thereof who refused to joyn with Mr. Carew in the prosecution of his Right against the East-India Company of the Netherlands and other particular Inhabitants in Holland and Zealand whereupon they assigned their Right and Interest to Carew the Administrator of Sir William Courten with his Will annexed In the year 1665. His Majesty and divers Ministers of State having duly considered the great Services and Sufferings of Sir William Courten and Sir Paul Pyndar for the Crown of England and their Loss and Damages of the Bona Esperanza and Henry Bona Adventura Upon the application of the persons mentioned in the said Letters Pattents wherein His Majesty declares That he was concerned in Honour and Justice to see them satisfied after a years examination and debate of the whole matter by Sir Robert Wiseman and Sir William Turner Advocates General to His Majesty and the Duke of York Lord High-Admiral of England for the time being Assistants to Dr. Exton upon the King's Command in that Case the Grant passed with those special Clauses of continuance until satisfaction of the Debt and Damages which was also controverted several months by the Lord Chancellor Hyde before he gave his Fiat who then injoyned the said Carew to give a Discharge to the Farmers of the Customs for 10000 l. due to him in right of Sir Paul Pyndar which was paid to Mr Charles Cox Dr. Robert Gayer and the Executors of Sir William Vdall Elizabeth Feilding Joas Godscal Henry Marsh and others by Sir Edmund Turnor upon the Accompt of Sir John Wostenholme Sir John Jacob and Sir John Harrison out of Mr. Carew's allowance granted by the King The remaining part whereof being post-poned to this day In the same year James Boeve of London Merchant by the appointment of Mr. Carew delivered an authentique Copy of the said Letters Pattents to Mr. Vandam Advocate of the East-India Company of the Netherlands and acquainted him that there was such an Authority in the said Grant coupled with an Interest according to the Law of England that could not be repealed or revoked without satisfaction to the parties interessed and injured and therefore desired him to acquaint the Directors of the said Company to consider thereof how to compose the Difference being a matter of great weight and concernment In the year 1666. certain Creditors of Sir William Courten Sir Edward Littleton and Sir Paul Pyndar importuned the said George Carew to have a particular Assignment of a third part of the said Debt and Damages so ascertained