Lex Talionis Or the Law of Marque or Reprizals Fully represented in the Case of Spoyls and Depredations upon the Ships Goods and Factories of Sir WILLIAM COURTEN and his Partners in the East-Indies China and Iapan Whereupon Letters Patents for Reprizals were Granted under the Great Seal of ENGLAND to continue effectual in the Law against the STATES GENERAL of the United Provinces and their Subjects for Recovering of the Sum of 151612 l. with Costs and Damages mentioned in the said Patent Together with three Several PROPOSALS of the Creditors to the KING and their answer in a POSTSCRIPT to the Lord Chancellour's Arguments upon the Scire Facias brought by Sir Robert Sawyer His Majesties Attorney General concerning the Letters Patents aforesaid LONDON Printed in the Year MDCLXXXII To the Right Honourable CHARLES Earl of SHREWSBURY THis following Case being drawn up and Printed by some of the Agents and Solicitors of the Creditors of Sir William Courten and Sir Paul Pyndar for satisfaction of several Persons that were earnest to have it Published and Communicated to all the late Members of both Houses of Parliament I obstructed the progress thereof being resolved that it should not go so nakedly into the world without any Title or Dedication and then only to the view of such Persons as are principally Interessed and Concerned therein I am obliged to let Your Lordship and the rest of the Creditors know that I have been in my Quality as Administrator and Assignee both Active and Passive at home and abroad ever since his Majesties Restauration in the pursuit of such our Rights and Properties that cannot be Mortified or Extinguished except Mankind be Exterminated There are Volumes of Examinations and Depositions by me taken from the Servants Officers Factors and Sea-men imployed by Sir William Courten in Discovering Planting and Fortifying the Island of Barbadoes manifesting to all the World that he was the Original Proprietor of that Island and so Confirmed to him and his Heirs by Letters Patents under the great Seal of England in the third year of King Charles the first Yet no Restitution or Reparation could be obtained to this day for the forceable Entries and Intrusions made by James late Earl of Carlisle and his Complices upon Sir William Courten in the said Island There are as many more Volumes of Examinations Depositions Memorials Answers Replications Rejoynders and other proceedings in several Languages by me in the case of the East-India Spoyls and Depredations upon Courten and Pyndar before the values of the Loss and Damages were reduced to a certainty by Letters Patents under the great Seal of England which vested the Interest with an Authority irrevokable in the Grantees for recovery thereof according to the Rules of Law and Common Right Yet no Restitution or Compensation can be obtained for the same There are little less Volumes of Proceedings upon the Civil Actions depending in Holland and Zealand against the Heirs and Executors of Sir James Cats Jacob Pergens and Peter Boudaen for Monies lent upon Bonds and Accompts standing out in Trade Yet all have terminated in contempts of the Law and positive Denialls of Iustice in this Age of ingratitude and forgetfulness Your Grandfather John Earl of Shrewsbury having lent the Sum of five and twenty hundred pounds to Sir William Courten towards his first Expedition into the East-Indies China and Japan upon whose foundation the present great East-India Trade is erected After the Death of Sir William William Courten his Son and Heir together with Sir Edward Littleton and others entred into new Security in the year 1639 for the same Debt being all the ready Money then in your Family Whereupon Francis Earl of Shrewsbury your Father with divers other great Sufferers Creditors of Sir William Courten and his Son as also of Sir Paul Pyndar applied themselves in company with me upon the Kings most happy Restauration for some seasonable relief against the Hollanders and Zealanders that had lived upon the spoyls of all Nations His Majesty being then upon a Treaty of Common Alliance with the States General After eight months debate in Courtens affair came to this Stipulation in the year 1662. That upon restitution of the Island of â—olleron and satisfaction to be made for the Spoyls and Depredations concerning the two Ships named the Bona Esperanza and Henry Bona Adventura All other Losses and Damages of his Subjects and even that of Amboyna should be Mortified and Obliterated that is to say No Soveraign remedy should be given to any of them by his Majesty for the said Damages by Reprizalls which was Mutually Signed and Solemnly Ratified accordingly This Stipulation was pursued by several Memorialls to the States General for the space of two years at the Hague and seconded by divers Orders from the Council Board and several Letters of Recomendation from his Maiesty to the said States under his Sign Manual which proving all innefectual A Complaint thereof being brought before the House of Commons in the year 1664. was there Espoused with vast Royal Aides towards the Protection and Relief of the Complaynants Therefore they are under great mistakes both in matters of Fact and Iudgment of Law that Report the King was either Surprized or Deceived in his Grant or that the States General had not due Notice of Passing the Letters Patents for Restitution to be made to the said Francis Earl of Shrewsbury and others in the said Patent Mentioned and Expressed being grounded upon several Acts of Parliament and the Ancient Law of Marque and Reprizals The Instances whereof once brought home to a Fiat under the great Seal of England becomes a Decree unalterable like the Laws of the Medes and Persians I beg Your Lordships Pardon and Patience in craving Your Honours Serious Consideration upon the said Case and the Creditors Proposals to his Majesty with the Postscript after them in answer to the Lord Chancellors Arguments on Friday the 26 th of May last when his Lordship gave Iudgment for the King upon the Scire-Facias concerning the said Letters Patents wherein Your Grandfathers Debt is included yet further secured by Collateral Covenants from my self respectively to Your Honour and Sir Thomas Meres for another Debt of 2000 l. Contracted in the year 1641 upon the obligation of William Courten Esq Sir Edward Littleton and Iohn Earl of Bridgewater to Elizabeth Viscountess Cambden due to the said Sir Thomas Meres as Executor of Sir Erazmus de la Fountain Executor of the said Viscountess not doubting of Your Dilligence and Indeavours for obtaining thereof by all ways and means that are Honourable and Iust more especially for those Crying Debts due to many hundreds of Orphants and Widows claiming under my Administration whose cause I shall never desert Yet constantly remaining SIR Your Lordships most faithful and humble Servant George Carew Richmond August 2d 1682. The Case between the King and Carew concerning the Letters Patents for Reprisals hereunto annexted against the Hollanders Briefly and
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 United Provinces and by Sir George Downing Knight and Bart. Our Envoy Extraordinary to whom We gave Especial Command so to do required satisfaction to be made according to the Rules of Iustice 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 〈◊〉 States General by our said Envoy and nothing granted effectual for Relief of Our said Subjects whom We take Ourselves in 〈◊〉 and Iustice concerned to be satisfied and repaired We lately commanded the said Sir George Downing to intimate and signify to the said States That We 〈◊〉 their 〈◊〉 Answer concerning Satisfaction to be made for the said Ships and Goods by a time then prefixed and since elapsed That we might to govern Our selves thereupon that Our aforesaid Subjects might be relieved according to Right and Iustice 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 Denyals and Slightings And whereas John Exton Doctor of Laws Iudg of Our High Court of Admiralty of England upon Our Command to certify to Us the Daâ—ie of the Losses and Dammages Instaine by the said William Courten and Partners whose Interest is now vested in our loving Subjects Sir Edmond Turnor Knight 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 Restitution 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 Wee 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 Dictual Furnish and set to Sea from time to time such and so many Ships and Pinaces as they shalll think fit Provided alwayes 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 Victualed 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 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 Harbor of England and 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 Realm 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 Iudg or Iudges thereof for the time being and 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 lawfull 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 Possessions 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 Reprisal and to have and injoy 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 time of open War Provided always That all ships goods and merchandizes 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 untill Iudgment 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 â—â—â—â—â—ed 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 harmless such as shall Receive Buy or Intermeddle therein but that both the Prizes so taken and the said ship of War shall be confiscated to Our Vse 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 Virtue thereof have by Force of Arms Apprehended Taken Seized Recovered and Receiv'd from the said States General or their Subjects One hundred fifty one Thousand six hundred and twelve pounds according to Appraisement to be made by sufficient Appraisers upon Oath Nominated and Authorized in our said Court of
faithfully stated for satisfaction of all persons concerned GEorge Carew of Richmond in the County of Surrey Esq Administrator of the Goods and Chattels of Sir William Courten Knight deceased with his Will annexed having contested at the Hague and Amsterdam after the Kings Restoration for the space of fifteen Months concerning the Spoils and Depredations upon Sir William Courten's Ships and Factories A Provisoe was made in the fifteenth Article of the Treaty concluded at LONDON between the King and the States General the 4th of September 1662. that satisfaction and reparation should be made by the East-India Company of the Netherlands for the two Ships named the Bona Esperanza and Henry Bona Adventura with their Freights and Lading In pursuance of the said Treaty Carew having Expended and Disbursed divers great Sums of Money both in Holland and England without effect he was prompted by several Ministers of State at Whitehall to Address himself by Petition to the Commons in Parliament in the year 1664. for Relief who referred the same to the Committee of Grievances accordingly Sir Tho. Clifford then Chairman of the said Committee after Examination of all the Papers and Depositions concerning this Case brought in by Sir Thomas Littleton Reported that the Loss and Damages amounted to the Sum of One Hundred and Fifty Thousand pounds Sterling and upwards hinting at the evil consequences thereof to the Honour and Interest of the Nation if those Damages were not satisfied and repaired unto the Families of Sir William Courten and Sir Paul Pindar who had merited so much from the Crown and Kingdom Soon after a War insued whereupon the Commons Voted to assist the King with their Lives and Fortunes unto whom they granted several Millions of Money for the Prosecution thereof In the Month of May 1665. the Cause concerning the said Spoils and Depredations which had been debated in the Admiralty in Council and in Parliament was reduced to a certainty for satisfaction by Letters Patents for Reprisals under the Great Seal of England wherein Sir Edmund Turnors Name is used in Trust Carew having the Interest in Law on the behalf of himself and others the Dutch Ambassador then Resident in England had notice of all the proceedings as it is recited in the body of the said Patent which passed through the greatest Offices of Trust in the Kingdom upon mature Consideration The Warrant for passing the said Patent issued out of the Lord Arlingtons Office then Principal Secretary of State containing two clauses for continuance of the Grant until the Debt of 151612l with Damages should be recovered which was debated three Months by the Lord Chancellor Hyde before it passed the Great Seal Sir William Turnor and Sir Robert Wiseman the Kings and Dukes Advocates general being often consulted therein affirmed That it was consonant to the Laws of Nature and Nations that the said Debt and Damages should be satisfied and repaired A President thereof being shewn under the Great Seal in the late Kings time in the Case of Paulet a Merchant who had the like Letters of Reprisals against the Spaniards to continue effectual in the Law until the Debt and Damages should be Reprised who upon a Peace made with Spain had the remainder of his Debt unsatisfied In the year 1666. Carew and the Creditors claiming under him procured several Duplicates and Exemplifications of the said Letters Patents and put the same in execution by deputations against the Hollanders who Trading in divers Bottoms under the colours of Sweeds Hamburgers and other Neighboring Princes and States in Amity with England the very charges of equipping out private men of War could not be gotten the Ships brought in for Prizes being reclaimed and restored as by the Rigister of the Admiralty Court appears However Sir William Coventry then Secretary to his Royal Highness complaining That those special Letters of Reprisal obstructed the Lord High-Admirals profits of Tenths by Letters of Marque in time of War that the Kings Ships were deprived of Seamen A Proclamation issued out the 10th of August 1666. to suspend the Execution of the said Letters Patents protempore Notwithstanding his Royal Highness was gratified with a Months Tax for his Heroick Courage at Sea In the year 1667. a Peace was concluded at Breda whereby all Letters of Reprisals were mentioned to be revoked whereupon the said Carew and the Creditors remained passive until the year 1671. when another War was proclaimed the King having particularly owned this Cause declaring That he was obliged in Iustice and Honour to see that Debt and Damages mentioned in the Letters Patents aforesaid to be satisfied and repaired the Lords of the Privy Council having also affirmed That all past Treaties were absolutely cancelled as if no such Treaties ever had been made Then the said Carew was dispatcht away with Orders of the Councel Table Referrences and Instructions with the Kings Letters to his Ambassadors and Plenipotentiaries to insist upon plenary satisfaction and Reparation in any Treaty to be made with the States The King expressing in his Leters under his Sign manuall his care to protect his Subjects in their just Rights as well as to assist them in the recovery thereof In the Month of August 1672. It so hapned that Carew and his Servants were Imprisoned by the States of Holland as Spies for seeking after Justice and detained close Prisoners without access and threatned with Death during the War which ended in a common Alliance in the year 1674. upon the consideration of Eight hundred Thousand Patacoons inter alia to be paid to the King in four years for Damages yet three parts thereof were assigned to the Prince of Orange and the fourth part received for other services by Alderman Backwel upon his Majesties account but the Debt and Damages ascertained for the Spoils and Depredations aforesaid was left in statu quo to the remedy at Law prescribed In the year 1680. divers of the Creditors of Sir William Courten Sir Paul Pindar and Sir Edward Littleton having importuned the said Carew to put in execution the said Letters of Reprisals since they had no satisfaction either out of the Prizes taken by the Kings Ships during the War nor out of the said Patacoons or any other waies or means whatsoever notwithstanding their several Addresses to the King the States and the Prince of Orange for that purpose Then Carew being advised that several Writs at Common Law in case of a Spoil at Sea lay against the Subjects of Forraign Princes and their Goods found in England until the Statute of Edw. the third provided that the only Remedy should be by the Law of Marque or Reprisals without Fraud or Deceit for all Damages upon Spoils which being ascertained and reduced into a Grant under the Great Seal of England became such an Interest vested in the Grantees coupled with an Authority that could not be taken away without satisfaction made to the Parties interessed and injured And further advised That Soveraign
This Deponants Councel that Subscribed the Plea cannot be ready in so short a time to Argue the several Points in Issue the Record being but Read in Court on Saturday last the Defendants having Rejoyned in the Demurrer to the PLEA but two days before Iurat 25 die Maij Anno R. Rs. Carol. sec. c. xxxiiij Coram me George Carew Io. Coell An Exact Account of the Proceedings at the Marshalsea June 10 1682. against Cap Hawley and his men upon Pretence of Piracy acting under Letters Patents for Reprisals against the Hollanders ON the 10th of Iune instant the Commissioners appointed to try Capt. Hawley and his men upon the Stat. of Hen. 8. for Paracy Fellony Being met at the New Hall in the Marshals Court in Southwark The Commission was read by Mr. Tho. Bedford the Register of the Admiralty Sir Tho. Exton as President of the Court gave the Charge Then the Sheriff of Surry brought in the Precepts whereupon the Jurors were return'd and Sworn The Indictment then was delivered to the Grand Jury who found the Bill Unto which the Prisoners pleaded NOT GUILTY Took their Tryal and put themselves upon God and the Country Then Sir Richard Lloyd Council for the King alleadged to the Petty Jury that the Letters Patents for Reprisals aforesaid were made null and void by Treaty of STATE Supercedeas Proclamation and Iudgment of the L d Chancellor upon a Scire facias Yet was so tender of the KING's Honour That he would not suffer the Letters Patents to be read openly in Court but only by the Jurors thmselves privately Whereupon the Council for the Prisoners insisted That there were not Arguments suffered to be made on the Defendants side upon the Atturney Generals Demurrer to the Defendants Plea which consisted of 5 Skins of Parchment the Record being read on Saturday the 20th of May Judgment was given in the Week following before Copies could be made of the Record However Mr. Carew himself persisted at this last Tryal That nothing could affect the Patent but Satisfaction For That by the Laws Statutes of England Letters Patents in this Case which vested an Interest in the Patentees by especial Grant as set forth in his Plea to the scire facias could not be revok'd or taken away without satisfaction first made to the parties that suffered the wrong And that the L d Chancellors Judgment is as avoidable upon a Writ of Error for Mistakes in his Opinion as the Grants in the Letters Patents are avoidable upon Satisfaction made for that no Act of State unless an Act of Parliament can bind the particular Interests of the Subject without Satisfaction and the scire facias being defective the Judgment given upon it is null in it self there being no such Letters Patents as are mentioned in the Scire facias returned by the Sheriffs as aforesaid for Restitution to Carolo tunc Comiti Salop c. Then the matters of Fact being made out by the Dutch men the Master others in the Ship call'd the Schonemaker of Dort against Cap. Hawley and his men That they took the ship by force and possest themselves of the Ship and Lading To which the Prisoners made little Defence save only That they did nothing felloniously or pyratically but acted by Virtue of a Commission and Deputation indorsed upon the back-side of an Authentick Copy of the Letters Patents hereunto annexed which was put into the Jurors hands to peruse who brought them in Not Guilty Werereupon Mr. Ioynes the Marshal immediately arested Mr. Carew Capt. Hawley and his men in a joynt Action for 1000l Dammages by Writ out of the Admiralty upon the Dutch Ambassadors desire at the Suit of Willem de Widt Iohanes van Eich voor Alewyn van Vollenhoven Lodewyck Terwe Iacob van Harrlem Antony Walbeeck Antony van d Santheuvel all Inhabitants of Dort that were the Owners of the said ship and lading but upon Mr. Carew's complaint to the Court then sitting and the Dutch Ambassador also present he was discharged pro tempore But within two days after gave sufficient Bail by two eminent Citizens to answer the said Action both for himself the Capt. and his Company Then some of the most considerable Creditors claiming under Carew's Administration being unsatisfied with these Proceedings caused Mr. Ioynes to be arested by Writ out of the King's Bench for 2000l Dammages to answer the Value of the said Ship and Lading having dispossest the said Cap. Hawly and his men thereof in an extrajudicial way upon pretence of a VVarrant from the Lords Commissioners of the Admiralty dated about the 29 of April 1682. who brought the said Cap. and his men Prisoners and put them into the custody of Mr. Lowman the Keeper of the County Gaol in Southwark where they were detained 44 dayes or thereabouts close Prisoners at their own costs and charges and after they were legally discharged wereforced to pay Mr. Ioynes and the Register of the Admiralty several exorbitant Fees amounting to 6l 10 s. a man or thereabouts to procure which Money they were forc'd to fell their Beds from under them For all which the Captain and his men are advised to take their due Course at Law against them for their respective Dammages That is to say Cap. Wil. Hawley Richard Washington Ri. Terret Ierom Hawley Th. Tomkins Iohn Tayler and Glanvil Lamboy ☞ ☞ It s Remarkable That the Dutch Ambassadors are very clamorous at Court upon any Complaint of the Hollanders whose ships and goods are suddenly restored right or wrong although they refuse to appear for the Heirs and Executors of Ia. Pergens of Amsterdam Pet Boudaen of Middleburgh who have got into their hands and Possessions the Effects of Sir W. Courtens Sir Paul Pindars Estates to the value of 138000l owing upon Accounts of Bills of Exchange Moneys lent upon Obligations and Goods exported out of England in Trade of Partners-ship wherein divers great summs of Mony were taken up at Interest and imployed in that Trade and are still standing out and due to divers Orphants and VViddows whose Crys have reached the Heavens and fallen down with Inundations upon their Country for Justice in those Civil matters wherein the States of Holland and Zealand protects the Persons and Estates of the Heirs and Executors of the said Pergens and Boudaen from common Justice under the Pretence of Treaties of Peace and common Alliance between the King and the States General although they never came under the Consideration of any publick Treaty as the spoils and depredations of the Ships Bona Esperanza an Bona Adventura did And that which cannot be mentioned without Grief and Astonishment is that the Complaints of the oppress'd Creditors concerning the civil Causes of Actions depending in Holland and Zealand against Pergens and Boudaen leys before the Secretaries and principal ministers of State at Whitehall for relief without any effectual Answer although earnestly solicited for many years together Dormiat aliquando jus sed
moritur nunquam Recollected by Th. Smith Gen. Iune 16th 1682. A Copy of the Affidavit made by Mr Conny and Mr Peisley filed in Chancery concerning the Entry of the Ships in the Admiralty hereunto annexed IN pursuance of an Agreement in Writing Indented made the Twelveth day of May one Thousand six Hundred sixty six and in the Eighteenth year of the Reign of Our Sovereign Lord Charles the second Between George Carew Esq Administrator of the Goods and Chattels Rights Debts and Credits of Sir William Courten and Sir Paul Pyndar Knights With their Wills annexed Deceased of the one part And John Graham of Westminster Esq and John Brown of London Gent. of the other part on the behalf of several Creditors in the Schedule to the said Indenture annexed These five Ships with their Tackle Ammunition Provisions and Men are Nominated and Appointed to be entred in the Admiralty in Prosecution of certain Letters Patents for Reprisals in the said Indenture mentioned and thereunto Annexed to put the same in Execution from time to time according to this entry and the Proviso's and Limitations in the said Letters Patents contained until the Debt of One Hundred Fifty One Thousand Six Hundred Twelve Pounds with all Costs and Damages shall be Recovered and Received or a Composiâ—ion made for the same as in the said Letters Patents is mentioned and expressed The Ship named the Planter of the Burthen of twenty Tuns or thereabouts four Guns twenty five Men Victualled for six Months Aaron VVright Commander to put the said Commission or Deputation in Execution from six Months to six Months until the Debt of One Hundred Fifty One Thousand Six Hundred and Twelve Pounds with all Costs and Dammages shall be Recovered or otherwise Composed The Ship named the Asia burthen one Hundred Tuns or thereabouts Ten Guns seventy Men Captain Roger Hawkshead Commander Victualled from time to time for the space of three Months every season until the said Debt of One hundred fifty one thousand six hundred and twelve Pounds with Costs and Dammages mentioned in the said Letters Patents shall be recovered or composed The Ship named the VVilliam and Thomas burthen one hundred and fifty Tuns or thereabouts two hundred Men twenty five Guns Victualled for nine Months Captain Robert Cambell Commander and at the Expirations of nine Months for nine Monts more and so at the end of every nine Months to be Victualled de Novo from time to time for nine Months longer until the said Debt Dammages and Costs shall be Recovered and Received or a composition made with the persons Interested and Injured The Ship named the America burthen fourscore Tuns or thereabouts one hundred Men eight Guns Victualled for six Months Captain VVilliam Hawley Commander and at the Expiration of the said Term to Revictual and Equip the said Ship from six months to six months until the said Debt of One Hundred Fifty One Thousand Six Hundred Twelve Pounds with costs and Dammages shall be satisfyed repay'd The Ship named the Affrica burthen one hundred and twenty Tons or thereabouts one hundred and fifty Men fifteen Guns Victualled for 12 months Captain Thomas VVood Commander to put the said Commission in Execution as aforesaid according to the several Conditions Limitations and Proviso's in the said Letters Patents expressly mentioned and contained Unto whom Deputations were immediately given accordingly of the same date to put the said Letters Patents in Execution at such times and in such parts of the World as they should think most convenient for their Purpose THomas Conny and Samuel Peisly of London Gentlemen make Oath That they these Deponents did in Company with George Carew Esq on the ninth of September 1681. at the request of several persons Interested and Concerned in the Debt of 151612 l. mentioned in the Letters Patents within Recited call upon Thomas Bedford Esq Register of the Admiralty Court at his Office in Doctors-Commons and then and there require of him to make an entry of the five Ships with the number of their Men Guns Provisions Burthens Commanders Names and times of Victualling as they are mentioned and expressed on the other side of this Affidavit whereupon the said Thomas Bedford desired these Deponents to come again the next Morning and appear with him before Sir Richard Lloyd Surrogate to the Iudg of the said Court who took the same in his Hand and after he had perused the Contents thereof gave these Deponents the said Paper again in Company of the said George Carew Saying they would not make any other entry then several Notes they had taken in Writing and the Names of these Deponents Jurat 10. die Octobris Anno Regni Dom nri Car. sec. 33o. Coram me magro in Canc ' Io. Francklin Ex. W. Poynter Tho. Conny Samuel Peisly A COPY of the LETTERS-PATENTS For Especial Reprisals granted by the King of Great Britain under the Great Seal of ENGLAND against the States General and their Subjects for 151612 l. Sterling with Costs and Damages for the Recoverie thereof CHARLES the Second by the Grace of GOD King of England Scotland France and Ireland Defender of the Faith c. To all Christian People to whom these Presents shall come Greeting Whereas our loving Subject William Courten Esq deceased and his Partners in the year 1643. by the Depredation and Hostile Act of one Geland Commander in Chief of two Ships belonging to the East-India Company of the Netherlands was between Goa and Maccao in the Streights of Malacca deprived and most injuriously spoiled of a certain Ship named the Bona Esperanza and of her Tackle Apparel Furniture and all the Goods and Lading in her upon a very hopeful Trading Voyage to China which were carried to Batavia and there all de facto without due Process of Law confiscated and that also in the said year another laden Ship of our said Subject called the Henry Bona Adventura being come on ground on the Island Mauritius was there both Ship and Goods seized upon by some of the Officers and Ministers and others under the Command of the said East-India Company and utterly deteined from the right Owners And whereas the said William Courten and his Assigns in his life-time used all possible Endeavours to recover the said Ships and Goods and to procure further Iustice against the Malefactors and yet could obtain no Restitution or Satisfaction whereby they became to be much distressed and utterly undone in their Estate and Credit and that thereupon and upon the most humble Supplication and Addresses of Francis Earl of Shrewsbury and William Courten Esq Son and Heir of the said William deceased Sir John Ayton and Sir Edmond Turnor Knights George Carew and Charles Whitaker Esquires on the behalf of themselves and divers others Interessed in the said two Ships Bona Esperanza and Henry Bona Adventura and in the Estates of the said William Courten deceased Sir Edward Littleton Baron t and Sir Paul Pyndar Knight deceased That We
Admiralty of all such Ships Goods Wares Merchandizes as shall be taken from the said States General or any of their Subjects by Virtue of this Commission or shall otherwise receive Satisfaction of the Debt aforesaid by Composition to be made between those of the East India Company of the Netherlands and the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid ☞ Notwithstanding it may so happen the present Difference between Us and the States General depending upon General Reprisals may be agreed and composed and that in the Interim a Peace and good Correspondance may be renewed between Us and the said States General In which Case Nevertheless it is Our Will and Pleasure That in the Execution of this Our Commission no Violence shall be done to the Persons of the said Subjects of the States General but only in Case of Resistance and that after in cold Blood the said Subjects of the said States General if hurt or Wounded shall be used with all convenient Office of Humanity and Kindness ☞ And Further Our Will and Pleasure is That although it shall happen That all Hostility between Us and the States General and Our respective Subjects shall cease yet this Our Commission shall remain and be in full Force and Power to the said Sr Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid by Virtue thereof to apprehend take and seize by Force of Arms so many more of the said Ships and Goods of the said States General or any of their said Subjects as besides the said Summ before mentioned shall countervail satisfie and pay all such Costs and Charges as the said Sir Edmond Turnor and George Carew their Executors Administrators or Assigns as aforesaid shall from time to time make proof to have disburst and paid towards the Equipping Manning Paying Furnishing and Victualing of the said Ships so licensed and authorized as aforesaid by this our said Commission to be Equipped Manned Payed Furnished or Victualed by the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid for the Purpose aforesaid And Our Will and Pleasure is and We do hereby require Our Iudge or Iudges of Our High Court of Admiralty for the time being and all other Officers of the Admiralty and all other our Iudge or Iudges Officers Ministers and subjects whatsoever to be aiding and assisting to the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid in all points in the due Execution of this Our Royal Commission and to proceed to Adjudication and to adjudge all ships Merchandizes Moneys and Goods by Virtue thereof to be taken and proved to belong to the said States General or any of their subjects to be Lawful Prize to the said Sir Edmond Turnor and George Carew their Executors Administrators or Assigns as aforesaid according to Our Princely Intention hereby signified and expressed and to take Care that this Our Royall Commission be duely executed and favourably Interpreted and Construed in all respects to the Benefit and best Advantage of the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid In Witness whereof We have caused these Our Letters to be made Patents Witness Our self at Westminster the 19 day of May in the 17 Year of Our Reign Per ipsum Regem Barker Nota That there is due to the Estates of Sir William Courten and Sir Paul Pindar the Summ of Two hundred Thousand Pounds sterling and upwards from the Crown of Enland for Moneys lent to the late King upon several Branches of the Revenue before the year 1640. towards the ordinary Charge of the Crown the greatest part of the said Money being taken up at Interest and still standing out and due to several Orphants and Widows who claim their proportionable Shares of the Debt and Dammages mentioned in the Letters Patents aforesaid Memorandum THat King Charles the First found it necessary to put Sir William Courten and his Partners upon Trading Voyages to the East-Indies China and Japan unto whom he gave a Charter under the great Seal of England for the prosecution thereof in the Year 1635. That his said Majesty incouraged Sir Paul Pindar and others to advance divers great Sums of Money as Adventurers in that Expedition and Enterprize That Sir Edward Littleton and others Interessed before the Kings most happy Restoration being under the Notion of Delinquents and Sequestration durst not appear openly against the States and their Subjects for Common Iustice concerning satisfaction and reparation for the Spoyles and Depredations That Sir William Courten and Sir Paul Pindar strained their Credits so far by borrowing several great Sums of Money both of Natives and Strangers to carry on this affair That there is not a County nor Corporation in England Wherein there are not either Original Creditors or their Relations at this time Complaining for their Debts It is inconsistent with the Honour and Interest of the King and Kingdom under all the Circumstances attending this Case to let the History of such Oppression remain upon Record when the Creditors have made their humble Proposals to his Majesty that Lyes before the Lords Commissioners of the Treasury and Mr. Secretary Jenkins for relief upon easie Terms even out of the Foundations that Sir William Courten and Sir Paul Pindar laid The Royal Word of a KING being past and confirmed under his Great Seal That his Grant should not be Obliterated until Satisfaction and Reparation to the Grantees in this Case there ought to be an Inquiry made Whether the Parties Grieved be Satisfied and Repaired and also that they may be duly heard before this Grant be any ways called in by Ministers or Officers of State to be Cancelled and made Null It being repugnant to the Laws of God the Laws of Nature the Statutes of this Realm and even against the Laws of Common Humanity that a particular Interest so ascertained and secured should be taken away from Private persons for a Common Good and not be Satisfyed and Repaired either out of the Publick Purse or suffered to Reprise their Satisfaction and Reparation for the Wrongs and Injuries done them by the Subjects of Holland and Zealand without the Danger of being Hanged as Pyrates and Felons for asking their OWN Three Humble Proposals of the Creditors of Sir William Courten Sir Paul Pyndar William Courten Esq and David Goubard Humbly offered to the KING That in consideration of the Debt and Damages of 151612 l. contraded by the Spoils and Depredations upon the Ships Goods and Factories of Sir William Courten Sir Paul Pyndar and their partners in the East-Indies for which Letters Patents for Reprizals were granted under the Great Seal of England to continue effectual in the Law until the said sum of 151612 l. with Costs and Damages should be recovered and received which is become a Debt incumbent upon the Crown if his Majesty
in his Speech to both Houses of Parliament and expressed in the very body of the Patent in these words For relief of Our said Subjects whom We take Our selves in Honour and Iustice concernd to be satisfied and re-paid So that the King declares Himself equally Great and Just. Therefore neither surprized nor deceived in this Grant of Reprizals that had passed the Test of all the chief Officers of State and Trust in the Kingdom whose Judgments are Arraigned by questioning the validity of the said Grant The reasons are very obvious to all Mankind that the Patent ought to be so worded until the Debt and Damages shall be recovered and received for that there is no other remedy for the Subjects relief but such Grants grounded upon the Law of Marque after Justice denied in the Case of a Spoil This Clause of continuance distinguisheth between general and particular Reprizals the one being an Act of War the other a Process at Law and out of the King's Power to obstruct the restitution of this Debt and Damages to the persons interessed and injured otherwise the remedy would prove a Grievance after such vast Expences in ascertaining the Debt and Damages according to the Rules of Law if the Grant should not be obligatory It is in the Power of the States of Holland or the King to satisfie this Debt and Damages to make good the King 's own words and preserve His Honour and Justice entire which ought to be kept Sacred and Inviolable And if the King cannot pardon the least Trespass when sued for reparation in the ordinary Course of Law à fortiori He cannot pardon a Spoil after a Judicial Grant to recover it according to the Laws and Statutes of the Realm General Letters of Marque in time of War are ambulatory and revokable at Pleasure being usually granted to all persons in all Nations that will ask for the same to weaken the Enemy as they did at Oast-End Dunkirk Flushen and Diep in the times of War between Spain and England France and England and Holland and England and those are called Privatters or Private men of War of whom the Lord High-Admiral hath a tenth part of all Prizes And these are the Letters of Marque the Lord Chancellor so often mentions in his Arguments whereof there are hundreds of Precedents in the Courts of Admiralty in England Holland France and Spain which are Temporary Grants and determinable at Pleasure or certain days prefixt under the Seal of the Admiralty By the sacred prescriptions in Holy Writ restitution is to be made double the value of the property injuriously taken which implies the Charge of Prosecution and if the Trespasser be not able to satisfie he shall be Sold for his Theft or kept for a Ransom Upon this ground the old Writs in the Register and F. N. B were made and our Ancestors were so careful for the preservation of every English-mans Right and Property and the encouragement of Navigation and Commerce That Merchants Strangers resident in England and their Goods were Arrested by those Writs for satisfaction of Injuries done at Sea by the People of that Kingdom or Nation that did the wrong whereof they were Subjects But upon the Petition of the Merchants Staplers and others to the Parliament in the 27th of Edw. 3. c. 17. The force of those Writs were taken away and it was ordained and Enacted by the same Parliament That all Persons Spoyled at Sea shall have the Law of Marque without fraud or deceipt that is of taking the value of the Loss and Damage again Bracton Says Quod nihil aliud potest Rex in terris cum sit Minister Dei Vicarius quam solum quod de jure potest Every Man hath a Right to Justice and every Subject of England having a Fundamental property in his Goods and a Fundamental liberty of his Person It is repugnant to the Laws of God Religion and Property to take away our Goods for reason of State without price or satisfaction he is not a Subject but a Slave that suffers his Substance to be taken from him against his Will Infinite are the Arguments that may be used and deduced from the Law of Reason and Natural Justice in the vindication of this Patent However its neccessary to answer the Lord Chancellour Gradatim to his Arguments aforesaid His Lordship was pleased to say That the Chancery had an Admiral Iurisdiction by the Statute 31. Hen. 6. cap. 4. for the speedy relief of Strangers Robbed at Sea by the Kings Subjects His Lordship would here beg the question and have all Mankind to take it for granted That those who Act under this His Majesties Royal Charter and Authority are Robbers and Theeves Notwithstanding the express words in the Patent That it shall be lawful for them to recover the said Debt and Damages although a Peace for General Reprizals concerning the Dominion of the Sea should be concluded It s true the said Statute of Hen 6. provides a remedy for those that have safe Conduct and are Robbed by the Kings Subjects The Lord Chancellour calling to him any of the Judges of either Bench who upon Bill of Complaint shall cause Restitution to be made of Ships and Goods to the parties grieved This Statute may be still in Force but not practicable since the Odious and Arbitrary power of the Admiralty Court was taken away by the Statute of Hen. 8. in the 28th year of his Reign for Tryal of Piracy by Jurors according to the course of the Common Law However the Statute of Hen. 6. recited by his Lordship comes not to this case upon the Scire Facias But it s enacted and ordained by the Statute made in the 20th year of Hen. 6. cap. 1 And several other Statutes of this Realm That all Letters of safe Conduct Treaties and Leagues of Amity and Alliance shall be Inrolled of Record in Chancery or else not to be of any Force or Effect in the Law And the Treaty at Breda being not Inrolled or made any matter of Record in Chancery whereby the Kings Subjects might have recourse thereunto cannot any ways affect this grant to Turnor and Carew And many proper Officers have lost their Heads in former ages for their miscarriages not inrolling in due time such publick Treaties Leagues and Alliances It s also true as the Lord Chancellour observes the Letters Patents to Turnor and Carew were granted in time of War for an injury done to private Persons in time of peace but provided that no Subsequent peace should affect it without a recovery or satisfaction to be made for the Debt and Damages either by force of the Grant or Composition made with the Persons interessed The Fiat passed in the month of May 1665. But the proceedings that brought it to that conclusion continued de die in diem ever since the Treaty of Alliance made in the year 1662. Wherein it was concluded and agreed That the said Debt and Damages so assertained and Liquidated
for the time being to be Aiding and Assisting to Turnor and Carew their Executors Administrators and Assigns and to take care that all things shall be favourably interpreted and construed in all respects to the benefit and best Advantage of the said Turnor and Carew their Executors Administrators and Assigns Witness himself at Westminster the Letters were made Patents the 19th day of May in the 17th year of his Reign Now how the Actions and Proceedings of several Ministers and Officers of the Admiralty and other Mercenary Mortals do quadrare with the Kings Honour and Iustice that have Issued out Warrants in the Kings name to apprehend and seize the Persons and Goods of his Majesties Subjects detain them in Prison and Irons until they were Tryed as Fellons and Pyrats for duly acting under his Majesties Royal Commission and Charter grounded upon the Laws and Statutes of England Whereby they were found innocent and accquitted Yet afterwars detained for Exhorbitant and Extrajudicial Fees of Registers and Marshalls of the Admiralty is left to any Mankind to Iudge Conclusion THe Commons of England in Parliament in the Preamble of their Acts acknowledging their thankefullness to His Majesty for His aboundant care in their preservation at Sea and the great charge necessary for the defence thereof granted to the King at several times during the two last short Wars between England and Holland the Sum of Five Millions Four Hundred and Forty Thousand Seven hundred and Fifty Pounds Eleven Shillings and Eight Pence Sterling Money For extraordinary supplies toward the said Wars whereof His Royall Highness the Duke of York received 120902 l. 15 s. 8 d. being one Months Tax as a present for his Heroick Courage at Sea This vast Expence of Treasure occasiond by the Hollanders gave hopes to the Kingdom for greater returnes than that only Debt of 151612 l. Liquidated and assertained for satisfaction That reason of State was depraved in the Lord Treasurer Danby who parted with 600000 Pattacons the price of so much English Bloud and Treasure out of England to the Prince of Orange that reaped the benefit of his Ancesters Offices and Honours by the last War besides his tributes as Lord High Admiral of the seven Provinces out of 1500 Ships and their Ladings taken from the English by the Dutch Capers having his general Letters of Marque during that War There was no necessity therefore for those great Ministers H. Finch C. S. Latimer Ormond Arlington H. Coventry and Marquess del Fresno to suffer the Debt of 151612. and Damages to remain incumbent upon the King or the States when treble the value of that Debt was offered to the English Ambassadors in the year 1673. at Cologne besides another Sum of Money in gross for the Fishries upon the English Coasts to purchase a seperate peace with England Divers Polliticians remarking the English Administrations of State and Justice Blushed for several miscariages in our later days Wherein the due course of Law hath been Obstructed Strangers and others suffered to eat our Bread and have disgested the very Bloud of many hundred Orphants and Widows Some by Imbeaziling the spoyls of Wars others in detaining our Monies and Goods All men in Office turning deaf Ears to our Complaints forgeting the Kings Honour and that Justice which Establisheth the Thorne and Exalts the Nation being unmindful of those very periods in his Majesties Speech to both Houses of Parliament on the 24th of Novemb. 1664. as follows 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 Iealousie which some ill Men scatter abroad and which I am sure will never sinck into the breast of any Man who is worthy to sit 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 Councelors 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 occasion 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 How far the Plea and the Judgement given upon the Demurrer concerning the 151612 l. will be reconciled to the Kings Speech or the Law of the Land is left to those Members of both Houses that heard it to resolve if any man can be safe in his Rights and Properties under such presidents as these which calls to my mind the Old Addage of Sir Fulke Grevil Lord Brook in his time Mankind is both the Form And matter wherewith all Tyranies transform For Kings can neither see act nor devise Without the Peoples Hands Hearts and Eyes And were not man by himself opprest Kings would not Tyrants could not make him Beast FINIS