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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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Adventura and in the Estates of the said William Courten Deceased Sir Edward Littleton Baronet and Sir Paul Pyndar Knight Deceased that We would take their Case into Our Princely consideration We out of the just sense We then had and still have of their unjust Sufferings in that business both by Our own Letters under our Sign Manual to the States General of the Vnited Provinces and by Sir George Downing Knight and Baronet Our Envoy Extraordinary to whom We gave Especial Command so to do required satisfaction to be made according to the Rules of Justice and the Amity and good Correspondence which We then desired to conserve with them firm and Inviolable And whereas after several Addresses made to the said States General by Our said Envoy and nothing granted effectual for relief of Our said Subjects whom We take Our selves in Honour and Justice concerned to be satisfied and repaired We lately commanded the said Sir George Downing to intimate and signify to the said States that We expected their final Answer concerning satisfaction to be made for the said Ships and Goods by a time then prefixed and since elapsed that We might so govern Our selves thereupon that Our aforesaid Subjects might be Relieved according to Right and Justice And yet no Satisfactory Answer hath been given so that We cannot but apprehend it to be not only a fruitless endeavour but a prostituting of Our Honour and Dignity to make further Application after so many Denials and Slightings And whereas Iohn Exton Doctor of Laws Judge of Our High Court of Admiralty of England upon Our Command to certify to Us the value of the Losses and Damages sustained by the said William Courten and Partners whose Interest is now vested in Our loving Subjects Sir Edmond Turnor Knt. and George Carew Esq and Partners hath upon full Examination and Proofs thereof made by Witnesses in Our High Court of Admiralty Reported and Certified under his Hand that the same do amount to the sum of one Hundred fifty one thousand six hundred and twelve Pounds Now know ye That for a full Restitntion to be made to them for their Ships Goods and Merchandizes of which the said William Courten and the Assigns of the said William Courten and Partners were so Despoiled as aforesaid with all such Costs and Charges as they shall be at for recovery of the same We by Advice of our Privy Council have thought fit and by these Presents do Grant License and Authority under Our Great Seal of England unto Our said Subjects Sir Edmond Turnor and George Carew their Executors Administrators and Assigns for and on the behalf of themselves and other persons Interessed as aforesaid to Equip Victual Furnish and set to Sea from time to time such and so many Ships and Pinaces as they shall think fit Provided always that there be an Entry made and Recorded in the Admiralty-Court of the Names of all Ships and Vessels and of their Burthen and Ammunition and for how long time they are Victualled And also of the Name of the Commander thereof before the same or any of them be set forth to Sea And with the said Ships and Pinaces by Force of Arms to set upon take and apprehend any of the Ships Goods Moneys and Merchandizes of the said States General or of any of their Subjects inhabiting within any their Dominions or Territories whatsoever of any particular Estate within those Provinces and the Inhabitants thereof wheresoever the same shall be found and not in any Port or Harbour of England or Ireland unless it be the Ships and Goods of the Parties that did the wrong And the said Ships Goods Moneys and Merchandizes being so taken and brought into some Port of Our Realms or Dominions an Inventory thereof shall be taken by Authority of Our Court of Admiralty and Judgment shall be given in Our Court of Admiralty by the Judge or Judges thereof for the time being upon Proof made before him or them that the same Ships Goods Wares Merchandizes or Money did belong to the States General or any of their Subjects as aforesaid That they shall be lawful Prize to the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid to keep and retain in their or any of their Possession and to make Sale and dispose thereof in open Market or howsoever else to their and every of their best Advantage and Benefit in as ample manner as at any time heretofore hath been accustomed by way of Reprizal and to have and enjoy the same as lawful Prize and as their own proper Goods So that neither the Captain Master nor any of the Company that shall serve in his own person or shall promote and advance the said enterprize in manner and form aforesaid shall in any manner of wise be Reputed or Challenged for any Offender against any of Our Laws And that also it shall be lawful for all manner of persons as well Our Subjects as any other to buy the said Ships Goods and Merchandizes so taken and apprehended by the said Captains Masters and others and adjudged as aforesaid without any Damage Loss Hindrance Trouble Molestation or Incumbrance to befall the said Buyers or any of them in as ample and lawful manner as if the said Ships Goods Wares and Merchandize had been come and gotten by the lawful Traffique of Merchants or of just Prizes in the time of open War Provided always that all Ships Goods and Merchandize taken by virtue of this Our Commission shall be kept in safety and no part of them spoiled wasted or diminished nor the Bulk thereof broken until Judgment have first past as aforesaid that they are the Ships and Merchandizes of the States General or some of their Subjects as aforesaid And if by colour of this Our Commission there shall be taken any Ships Goods or Merchandizes of any of Our loving Subjects or the Subjects of any Prince or State in good League or Amity with Us except the States General or their Subjects as aforesaid and the Goods therein Laden Sold Embezled or Diminished or the Bulk thereof broken in any Place before they shall be adjudged to belong to the said States General or to some of their Subjects as aforesaid that then this Commission shall be of no sufficient Authority to take the said Ships Goods and Merchandizes or to warrant and save harmeless such as shall Receive Buy or Intermedle therein but that both the Prizes so taken and the said Ship of War shall be confiscated to Our use And further We do hereby declare that it is Our Will and Pleasure that this Our Commission shall remain in full Force and Power to all intents and purposes until the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid shall by vertue thereof have by Force of Arms Apprehended Taken Seized Recovered and Received from the said States General or their Subjects one hundred fifty one thousand six
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 B●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 ●iat Iustitia ruat Coelum FINIS