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
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.
out of the Goods Exported from the Island of Barbadoes and the Caribbee-Islands and the Lands that are Escheated to the Crown within those Islands unto the Proposers or such others as they shall nominate and their Heirs for ever towards satisfaction of the Original Right and Propriety of Sir William Courten in the Barbadoes and also of the said great Loss and Damages sustained by the Proposers and other Proprietors and Interessed in the Ships Bona Esperanza and Henry Bona Adventura and the Factories settled by Sir William Courten and his Partners by the Dutch Depredations That then the said William Courten and George Carew unto whom Sir William Courten's Title and Interest in the Barbadoes is legally come Will by any Lawful Act and Deed Ratify and Confirm the Estates and Possessions of the present Planters there And also deliver up the said Letter Patents for Reprizal against the States General and their Subjects into the Hands of Your Majesty to be disposed of as Your Majesty shall think fit NEvertheless it is most humbly prayed that for the more Effectual Relief of the Creditors of Sir William and his Son and Sir Paul Pyndar respectively according to their several Interests and Capacities That Your Majesty would be most Graciously pleased to use all effectual means with the States of Holland and Zeland for obtaining Satisfaction from the said Iacob Pergens and the Heirs and Executors of Peter Bâ—udaen and David Goubart for the aforesaid Sums of Money which do not in any sort relate to the said Letters of Reprizals And lastly that Your Mjesty will be pleased to give Directions to the Lords Commissioners of the Treasury for an Effectual proceeding upon the said Petition and Reference concerning the Fines and Compositions of Papists depending before the Lords Commissioners of the Treasury as aforesaid The Conclusion THe Petitions mentioned in the Preface concerning the Barbadoes and Products thereof the Dutch Depredations Debts of the Crown and particular Demands from several persons Inhabitants in Holland and Zeland being all Contracted into the Proposals aforesaid there needs no Recitals of them at large especially since they were reduced into Orders of the Councel-Board Dated the 24 th of Iuly 1677. and other References from the King to the Principal Ministers of State for Releif of the Respective Petitioners who humbly present this Epitome to some few and proper Hands The Old Maxime in the Law of England is That the King can do no wrong From whence the Demonstration is very plain and obvious that the Officers and Ministers of the Crown have not only been wanting to the King and His Subjects in the due Administration of Justice but have Exposed the Honour and Interest of the Kingdom to Reproach in Foreign Nations where once the Government of England had the Glory and Reputation above all Soveraignties in the World for Executing Righteous Judgment and Equity The Law being a tender point and Property the same ought to be warily and circumspectly handled Wherefore he that voucheth any thing for Truth that is False upon Record in Cases of this Nature ought to suffer the greatest punishment imaginable for that not only the Judicature but the Pollicy and Prudence of a Nation are all called into question from one Generation to another Upon the Agreement in the Treaty between the King of England and the States-General so Solemnly made at London in the year 1662. the Spoils concerning the Ships Bona Esperanza and Henry Bona Adventura were to be intirely Satisfied and Repaired with the Restitution of Polleroon Whereupon the said George Carew putting great Confidence in the said Stipulation Satisfied and pay'd the persons mentioned in his Plea to the Scire Facias aforesaid by Sale of his Land in Worcester-shire to Mr. Thomas Foley for 3800 l. and Mortgaged his other Estate in London and Richmond for the further Prosecution of his Right whereby he hath pay'd Interest 13 years last past and now the remainder of his Estate being like to be Torn in pieces by Sir Iames Butler and the said Thomas Coleman for 4680 l. due upon the said Mortgages respectively after great Fines formerly Exacted by Lords of the Manor and their Agents in the said Carew's Absence for non-payment of Interest at the days certain Notwithstanding all the Advantages made by some persons out of the vast Sums of Money given by the Commons in Parliament for Protection of the Subjects in maintaining the Wars against Holland the Effects whereof applicable to Carew were Assigned to Strangers While other Creditors of a different nature were calling upon him in his quality as Administrator for Debts amounting unto two hundred and fourscore thousand Pounds Sterling ready Money Lent to Courten and Pyndar some now wanting Bread others Necessaries and Moneys all crying out that their Reparations are in Prospect by one means or other divers prompting on the Proposals others the Reprizals Under all those sad Circumstances aforesaid yet none of them despairing but that at last the Eyes and Ears of all persons in Power and Authority to do Justice and Equity will be open after all the Addresses made to His Majesty throughout the Land and His most Gracious answers thereunto to relieve the Injured and Oppressed according to the Rules of Law â—iat Iustitia ruat Coelum FINIS
Possession which was referred to the Committee of Foreign Plantations who found that by the Laws of Nations and of this Kingdom the Heirs and Assigns of Sir William Courten retained a Freehold in the said Island having no ways forfeited the same for any Offence Aud that the Patent to James Earl of Carlisle mentioning him to be Lord Proprietor of the said Island was declared void and against Law The Councel of Courten further affirming that no Soveraign Prince or State could Disseize a person of a Uacancy possest by him at his own proper Costs and Charges without manifest Injustice And that it was against the Honour and Prudence as well as the Iustice of a Nation to despoil any Subject that laid out himself for the good of his Country Yet no Restitution hath been made for the said Island and Plantations to the Heirs and Creditors of Courten either by the King or the Planters out of the Old Servile Rents of Sugar Cotton or Tobacco for every head due to the Original Proprietor or out of the four and half per Cent of all Goods Exported granted by the General Assembly of Barbadoes in lieu thereof to the Lord Willoughby and since Assigned to the King Secondly Concerning the Spoils and Depredations upon the two Ships the Bona Esperanza and Henry Bona Adventura in the East Indies particularly excepted for Reparation by the 15 th Article of the Treaty concluded at London the 4 th September 1662. no ways performed It was therefore thought necessary and convenient upon the farther Applications of the persons Interessed and Injured to the King and to the Parliament that a War should be declared against the States General of the United Provinces which was carried on at the vast Charge of the Kingdom His Majesty being Graciously pleased upon the entrance into that War to express himself in a Speech to both Houses of Parliament as follows The 24th of November 1664. Mr. Speaker ANd you Gentlemen of the House of Commons I know not whether it be worth My pains to endeavour to remove a vile Jealousie which Ill men scatter abroad and which I am sure will never sink into the breast of any Man who is worthy to â—it upon your Benches that when you have given me a Noble and proportionable Supply for the support of a War I may be induced by some evil Councellors for they will be thought to think very respectively of my own person to make a suddain Peace and get all that Money for my own private occasions But let me tell you and you may be most confident of it That when I am compelled to enter into a War for the Protection Honour and Benefit of my Subjects I will God Willing not make a Peace but upon the obtaining and securing those ends for which the War is entred into and when that can be done no good man will be sorry for the determination of it IN the Month of May following His Majesty out of a Iust sense of Sir William Courten's Sir Paul Pyndar's and their Partners Injuries Damages and Losses in their Shipe Goods and Commerce did in pursuance of His own Authority and Prerogative-Royal Grant a Special Commission for Reprizals under the Great Seal of England grounded upon the Law of Nations and the Laws and Statutes of this Realm to continue effectual in Law at all times until the sum of 151612 l. Sterling Money with incident Costs and Charges should be Recovered and Received as by the Letters Patents recited in the Plea to His Majesties Scire Facias brought in the High Court of Chancery remaining upon Record in the Petty-Bagg-Office hereafter set forth at large more plainly appears It is to be remarked that during the War several Dutch East-India Ships and other Merchant Ships were taken by the Kings Men of War and made Free Prize but no part thereof given towards the Bona Esperanza and Henry Bona Adventura although earnestly sought after Those Spoils of War the Sacred Returns due to the Injur'd and Oppressed the price of much Blood and Treasure spent in the Expeditions of Courten and his Partners were otherwise imployed Which lies heavy at the Doors of those that have eaten the Bread of the Fatherless and Widows for whom the Land Mourns IT is to be considered when the said Letters of Reprizal were put in Execution by Mr. Carew and his Associates in the beginning of the year 1666. The prosecution thereof was Arbitrarily suspended by Proclamation on the Tenth of August following without any Iudicial hearing their Seamen frequently taken away for the Kings Ships His Royal Highness and His Secretary also pretending that it was prejudicial to their Interest in obstructing ordinary Letters of Marque during the War Carew Committed to the Fleet by Order of the Council Board and Enlarged by the Dreadful Flames on the 2 of September following so that instead of a Remedy it proved a Grievance the Ships and Goods Reprized being not sufficient to repair one half of the Costs and Charges in Equipping out Frigots towards recovery of the Debt The Iniquity and Corruption of the Proctors and Common Claimers being such that discouraged all men concerned in that Affair of Reprizals which in the Nations of old were esteemed as Chattels Real and Sacred Decrees like the Laws of the Medes and Persians Nevertheless in the Month of June 1667. a Treaty was concluded at Breda wherein it was mentioned as it 's said that all Offences Injuries Losses and Damages should be buried in Oblivion and all Letters of Reprizal Revoked which Peace and Alliance continued for the space of four years The Dutch Trading in English Bottoms having a War with the French King Then His Majesty declared a second War in Conjunction with France against the States General which continued for the space of two years DUring which time the Proprietors and Creditors Revived their Demands and made fresh Applications to His Majesty in Council to be Relieved in a publick way whereupon several Orders were made at the Council Board That Instructions should be sent to the Embassadors and Plenipotentiaries for that purpose Which being delivered to the said George Carew with the Kings Letter to the said Embassadors in the Month of June 1672. Intimating that the Obligations of all past Treaties being Cancelled it was just and seasonable that provision should be made in the next Treaty for intire satisfaction of the Spoils and Damages of the two Ships Bona Esperanza and Henry Bona Adventura according to the Liquidation in the Letters Patents wherein the Debt was stated and confirmed under the Great Seal for Reparation as aforesaid But in the Month of August the States of Holland Apprehended the said Carew at the Hague notwithstanding his Passport from the Dutch Commissioners or Embassadors at Hampton-Court to Travel all parts of the United Netherlands and committed him and John Sherland to Prison and Condemned the said Carew for a Spie and an Enemy of their Country in obstructing the
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