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B01806 A brief narrative of the case between His Royal Highness James duke of York, lord of the mannor of Richmond aliàs West-sheen, in the county of Surry; George Carew esq; one of the customary tenants of the said manor, and Sir James Butler, mortgagee upon a conditional surrender, and others concerned in the said case. Brown, John, gent. 1682 (1682) Wing B5024A; ESTC R173092 6,130 4

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A Brief NARRATIVE of the CASE between His Royal Highness JAMES Duke of York Lord of the Mannor of Richmond aliàs West-sheen in the County of Surry George Carew Esq one of the Customary Tenants of the said Mannor and Sir James Butler Mortgagee upon a Conditional Surrender and others concerned in the said Case The Honour and Interest of the King The Justice and Equity of the Nation and the Rights and Properties of the Subjects being all concerned in this CASE There is nothing recited in any Article or Paragraph wherein there are not sufficient matters of Record for the Vouchers thereof THe said George Carew having purchased Eight several Copy-hold Cottages with some small parcels of Land adjacent to them in the said Mannor of Richmond demolished the said Cottages and built Three Fair Mansion Houses with Coach-houses and Stables in the places thereof and laid other Lands to the same whereby he encreased the King's Revenue by Harth-money and the Lord's Rent Soon after the King 's most happy Restoration the said Carew having a very Considerable Debt due to him from the East-India Company of the Netherlands arising upon the Spoils and Depredations of Sir William Courten and Sir Paul Pindar's Ships and Factories he made Application to the King and Council for Relief therein Whereupon his Majesty did by his Letters under his Sign Manual recommend the Complaints to the States General and Commanded Sir George Downing Knight and Barronet his Envoy Extraordinary to demand Satisfaction of the said States answerable to the Proofs made in the High Court of Admiralty which was required by several Memorials accordingly In consequence whereof it was agreed in a publique Treaty concluded at London between the King and the States General in the year 1662. That Satisfaction should be made for the Two Ships named the Bona Esperanza and the Henry bona Adventura with their Fraights and Lading In the year 1663. the said Carew confiding in the said Treaty borrowed several Summs of Money of Thomas Colman Esq John Whitfield Esq and others upon his Estate in Richmond London and Worcestershire to discharge a great Debt due to Sir William Powel by Judgment in the Common-Pleas that was incumbent upon Sir Paul Pindar who had an Assignment for 5500 l. with Pollices of Insurance for the same upon the said Ships that both Interests might be taken into Carew's hands which being so done he prosecuted his Right and Demand before the States General at the Hague by fresh Memorials which Sir George Downing presented at the Kings further Instance and Command for several Months together without effect Then Sir George Downing intimated to Sir Thomas Littleton That 300 l. sterling should be left in his hands in trust to be placed in the Hague with some Ministers of State in order to an Accommodation of that Affair which was paid out of Sir John Wolstenholm's Receipt to the said Downing upon Account of the said Carew Sir John Woolstenholme having Money in his hands payable to Carew upon Bond on Sir Paul Pindar's Account Nevertheless the States General made a Resolution on the fourth day of June 1664. to give no further Satisfaction than 85000 Gilders that the East India Company had paid to Jacob Pergens on the Security of Peter Boudaen to indempnify the said Company he being one of the Directors of the Chamber at Middleburgh which had been often controverted and the Company refuted therein whereupon Sir George Downing made his reply on the Eleventh of August 1664. and soon after return'd into England re infecta The said George Carew having sold Aunton farm in the Vale of Evesham to Mr. Thomas Fooly for 3800 l. and further engaged his Estate at Richmond and London in the prosecution of his right aforesaid was advised by several principal Ministers of State at White-hall to address his Complaint to the House of COMMONS where it was animated by some Members of the Royal Company so that upon Examination of the whole Matter by the Committee who finding the King's Honour concern'd and that the Hollanders by their Artifices would add Fraud to Violence in that Case of the Ships aforesaid the COMMONS of England espoused the Cause and supplyed his Majesty with several Millions of Money for maintaining a War against the said States Whereof his Royal Highness the Duke of York had the summ of 120902 l. 15 s. 8 d. one Months Tax presented to him for his Heroick Courage at Sea Then Letters Patents for Reprisal were granted to the said Carew on the behalf of himself and others interested to continue effectual in the Law until the summ of 151612 l. should be recovered from the States General and their Subjects Nevertheless a Peace insued in the year 1667. before any satisfaction was obtained And by the Treaty at Breda all Offences Injuries and Dammages were mentioned to be obliterated and extinguished and the Letters of Reprisal to be null and void notwithstanding the Dammages were stated under the great Seal of England whereby the Debt became vested in Carew by the Law of Nations and coupled with an Authority to recover the Debt and Dammages according to the Laws and Statutes of this Realm However Carew remained passive untill the year 1671. that a new War was proclaimed against the States General and their Subjects Then Carew's Claim to the said Debt of 151612 l. being revived by Orders of the King and Council he was forthwith sent away with Instructions and Letters to the Ambassadors and Plenepotentiaries in the year 1672. intimating how the King being obliged in Honour and Justice to see that Debt satisfied they were directed to insist upon Reparations accordingly However Carew was Committed to Prison at the Hague by the States of Holland for a Spy and his Life exposed to danger where he was close Confined without access for two and twenty Months together during which time Edward Holmewood then Bayliff of the Mannor of Richmond having a Mortgage by surrender of Rump Hall and Lands adjacent to the value of 20 l. per Annum let by Lease to Thomas Evans he exacted 20 l. for a fine for his own admittance and 55 l. from Sir Frederick Hyde and his Lady who had a surrender of one of the Mansion Houses and Kew Heath notwithstanding Carew had ordered the Tenants before to attorn and pay their Rents upon Account which they did accordingly and to aggravate the Oppression both Hyde and Holmewood Exhibited their Bills in Chancery to foreclose the Equity of Redemption although at the same time they were in possession and received the Rents which answered yearly double the Interest of their Monys lent upon those conditional surrenders In the year 1674. A Peace and common Alliance was again Concluded and Ratified between the King and the States General upon a Treaty at Westminster wherein it was agreed That Eight Hundred Thousand Pattacoons should be paid to the King in four years by equal payments whereof the first was paid to Alderman
said Carew having a Grant under the Great Seal of England the highest Security of the Kingdom for the sum of 10000 Pounds out of the Customs and a Tally for the same resting in the Hands of Richard Mountney Esq towards Sir Paul Pindars proportion of Mony granted by his Majesty out of a greater summ amongst the old Farmers Carew's part was post-poned in his absence beyond the Seas whereupon he lately addressed his humble Petition to the King for the same with the brief state of this Case Annexed and put it into the Hands of Sir James Butler who promised to use his utmost endeavors to get satisfaction therein both for Carew and himself who only lodged the Petition with Mr. Francis Gwyn the Lord Conways Secretary where it lays also re infecta although it is the only return of A Hundred and Eighty Thousand Pounds Sterling lent and advanced by Sir Paul Pindar to the late King upon his most urgent occasions and even of 15000 l. in Gold sent to Oxford in the years 1643. and 1644. by Mrs. Jane Whorewood yet living to Testify the same towards support of the Royal Family in their greatest Extremities which was lately owned by his Majesty himself as the greatest service in the World It s observable that several persons concerned in this Case have been very unsensible of the Kings honor and Interest and even of the Reputation of his Royal Highness in the Conduct of this Affair who is so Generous in his own Nature And its Remarkable that the said Robert White being told of the ill consequences of his practices and the prejudice it would bring upon his Master and the Tenants of the Mannor of Richmond he seemed the more obstinate where for want of a Court of Survey and the very Court Rolls detained from the Tenants View Carew had been forced to the Expence and Damages of 100 l. and upwards in defence of Kew Heath against Sir John Brownelow and his Tenants who pretended that the said Heath was Free-hold Land after several Surrenders Admittances and Fines paid to the Lord of the Mannor for the same Heath as Coppy-hold Land And this Robert White was so malicious after all these admonitions that out of a blind Zeal for his Masters service he caused a poor Servant of Carews to be Arrested in Sir Allen Apsleys and Wordens Names by Writ out of the Marshalseas for digging some Gravel upon Richmond Common to carry into one of the said Carews Gardens Who then affirmed in open Court as still the said Carew doth affirm the same that there is a Debt of 359 l. sterling incumbent upon his Royal Highness for monies paid and disbursed by Carew upon the Duke and his Commissioners Orders and Warrants to Captain John Maxwel and Daniel Gottherson concerning the Apprehending of Thomas Scott one of the Regicides which was to be paid and allowed to Carew out of the Dukes Interest in Scots Houses in the Parishes of St. Andrews and St. Dunstans in the West in the City of LONDON which were c●nveyed by Mr. Benjamin Heather to Sir Samuel Baldwin by Fine and Feofment upon a valuable Consideration in Trust for Carew Scot having no Estate in him to forfeit in the said Houses at the time of the Treason Committed nor the King in him to Grant to his Royal Highness at any time afterwards The premises considered it 's presumed there cannot be found the like President of Grievance and Oppression That a person under those circumstances as Mr. George Carew stands should be ruined by the means appointed for his Relief or destroyed under the greatest Security of the Kingdom granted for his Satisfaction and Reparations And all this under the Government of ENGLAND where so many thankful Addresses have been made to his Majesty for his most gratious Declaration to maintain the Rights and Properties of the Subjects by the strictest Rules of Law and Justice Recollected by John Brown Gent. April 20. 1682.