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
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
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
same in haec verba Charles II. by the Grace of God c. which being read they said that the Letters Patents ought not to be brought into Chancery nor the Enrollment thereof obliterated and made null or void because King Charles I. by his Letters Patents under the Great Seal of England in the year 1635 gave Sir William Courten and his Partners a Charter to Trade and settle Factories in the East-Indies China and Iapan for Trading Voyages and renewed the same to William Courten Son and Heir of Sir William and his Partners And that Sir Paul Pyndar had furnish'd Sir William Courten with Thirty five thousand Pounds towards the first enterprize of that Trade And that the said William Courten the Son and his Partners had set forth the two Ships named the Bona Esperanza and Henry Bona Adventura in the Patent for Reprizals mentioned in the year 1641. with Moneys Goods and Merchandizes for supply of the said Factories and Trade whereof seven parts belonged to Courten and the 8th part to his Partners And that William Courten the Son by his Indenture dated 26 April 1642. had transferred and assigned his Interest in the said Ships and Merchandizes to Sir Edward Littleton in the County of Stafford Baronet for Counter-security against several Debts contracted by Sir Wil. Courten and his Son wherein he stood obliged for payment thereof And that Sir Edward Littleton joyntly with Wil Courten the Son had by their Indenture dated Decemb. 19. 1642. transferred and assigned all their Interest in the said Ships Bona Esperanza and Henry Bona Adventura to Sir Paul Pyndar towards his Debt and the surplus to the Creditors of Courten and Littleton And the said Turnor and Carew further say that the Officers of the East-India-Company of the Netherlands in the year 1643. unjustly seized and detained the said two Ships and Lading and converted the same to their own use without any legal Process contrary to the Laws of Nations and the Laws and Statutes of this Realm which was proved by the Testimonies of several Witnesses in due form of Law taken And that the said East-India-Company and the States of the Netherlands had altogether denied to make any satisfaction or reparation to the said Proprietors for the said Spoils and Depredations Afterwards Wil. Courten Esq the Son and Executor of Sir Wil. Courten died Intestate in the year 1655. And William Tooms Executor of Sir Paul Pyndar in the same year also died Intestate And that Letters of Administration of the Goods and Chattels of Sir Paul Pyndar with his Will annexed unadministred was in due form of Law granted to Sir William Powel Baronet and Letters of Administration of the Goods and Chattels of Sir Will. Courten with his Will annexed unadministred was likewise in due form of Law granted to the said George Carew who bona fide paid and satisfied the said Sir Will. Powel Iohn Whitfield Esq and others the sum of 3000 l. sterling in satisfaction of their Debts upon account of Sir Paul Pyndar out of the said Carew's proper Money whereupon Sir Will. Powel by agreement having relinquished the Administration Letters of Administration with Sir Paul Pyndar's Will annexed was in due form of Law granted to the said George Carew Then the said Francis Earl of Shrewsbury Sir Iohn Ayton and others humbly supplicated His Majesty on the behalf of themselves and others interessed to require the States-General to make satisfaction and reparation for the said Spoils and Depredations as in the said Letters Patents at large appears but no restitution or reparation could be obtained Whereupon the said Letters Patents were granted for the recovery of 151612 l. with Costs and Damages under those conditions and limitations therein expressed And the said Turnor and Carew further say that they are entituled and legally vested with an Interest and inviolable right to recover and receive the said Money according to the Laws of Nations and the Laws and Statutes of England and the very express grants and intentions in the Letters Patents contained accordingly notwithstanding any War or Wars or the supposed Treaty at Breda or any other Treaties whatsoever between His Majesty and the States-General or the pretended Supersedeas in the Scire facias mentioned The said Turnor and Carew in fact saying that they or either of them or any claiming under them or either of them have not to this day received taken or seized from the States-General or their Subjects or the East-India-Company of the Netherlands the said sum of 151612 l. or any part thereof or any part of the 800000 Pattacoons mentioned in the 10th Article of the last Treaty at Westminister mentioned in the said Scire-facias or half the Charges and Expences occasioned thereby Wherefore the Letters Patents ought not to be brought into Chancery or the enrollment thereof cancelled or made null and void for that the King was not deceived in His Grant Signed by Richard Wallap Edmond Saunders Iohn Somers Richard Powell Charles Molloy THe Record being made up and brought into Court on the 26th of May 1682. the Attorney-General and the Solicitor both moved for Judgment without any other Argument for it than pretended Reason of State Whereupon the Councel for the Defendants moved that it was against the practice of all Courts in Westminster-hall to argue the same Term the Record was brought in or without a Consillium and a convenient time appointed to study and argue the points in Issue especially in a matter of this weight and consequence being a noble Case to be debated and argued both in point of Law and State and therefore desired a longer day whereupon the Lord Chancellor stood up and said If they were not ready to argue he was ready to give Judgment and that they might argue by the Spirit if they would So his Lordship informing the Court that he had studied the Case himself And for the satisfaction of all man-kind as he said gave these Arguments following which were taken in writing by several Councellors at Bar. The Lord Chancellor's Arguments THe Statute of 31 H. 6. cap. 4. gives Admiral Iurisdiction to the Court of Chancery for speedy relief in cases where strangers are robbed at Sea by the King's Subjects And that after a Peace concluded Letters of Marque for Reason of State are totally extinguished These Letters Patents especially being granted when this Kingdom and the Hollanders were in a state of Enmity they appearing to bear date the 19th of May 1665. in the heat of the War are therefore disannulled by the subsequent Peace A Safe Conduct granted by the King supersedes Letters of Marque as appears 11 H. 4. N. 66. by Iudgment of the Parliament of Paris and the Parliament of Montpellier 2 H. 5. N. 34. A Truce between Nations that have been at Enmity supersedes Letters of Marque as appears 11 H. 6. N. 34. Parl. Rot. A fortiori A Peace after Proclamation thereof and a Supersedea sunder the Great Seal will abolish and
should be satisfied and repayed Yet admitting this Treaty at Breda concluded upon the surprize of Chattam had been duly Inrolled and made a matter of Record in Chancery It was afterwards cancelled disanulled and openly extinguished by Proclamation in the year 1672. And particularly signified to His Majesty by a report upon a reference to five Lords of the Council Table concerning the Debt and Damages mentioned in the Letters Patents aforesaid In these words That the States General having wholly cancelled all past Treaties and Agreements and left your Majesty and your Subjects as free in all iustice and Equity as if they never had been made We therefore humbly presume to report our Opinions to your Majesty that it is now but just and seasonable for your Majesty to insist upon reparation for the Debt and Damages aforesaid This reference was made to the Lord Arlington Lord Ashley Sir Thomas Clifford Sir Iohn Trevor and Sir Iohn Duncomb by Order of Council 22. of March 1671. Now whether a Treaty never Inrolled and afterwards Cancelled by Order of Council and Proclamation should be properly insisted upon in any Judicial Writs is fit for another Court of Judicature or Parliament to resolve It 's granted that after a peace concluded all Temporary Letters of Marque having a bare Authority in themselves are for reasons of State totally Extinguished in regard those Letters of Marque had not an Authority coupled with an Interest A general Letter of Marque or Reprizal as before it 's said is an Act of War A particular or Especial one is a process at Law which is our case Letters of safe conduct usually granted to Foreign Ambassadors and other Persons Upon Emergent occasions are in the nature of a Supersedeas to any Commander that hath a Commission or general Letter of Marque or Privateer so properly called as before nor shall they be interrupted by any Person that hath a speciall Commission grounded upon the Law of Marque and this is consonant to reason of State and the Law of Nations And it is not denyed but that a Truce between Enemies supersedes all Temporary Letters of Marque being Acts of War but not special Letters of Marque or Reprisals which take their rise from Spoyls Depredations committed in times of Peace upon particular men or Companies that becomes a personal injury And the reason is plain for that the Law of Marque and Grants thereupon are consistent with times of Peace and the strictest Amity and Alliance between Sovereign Princes and States Captions thereupon being in the nature of Seizures in a hundred for a Robbery upon a private person before Sun-set which comes to a common Average to prevent a failer of Justice It 's observed that Sovereign Princes holds the Scepter in one hand and the Globe in the other The Sword is carried before them by some Chief Minister of State to shew that Justice is to be duely Administred by Officers that are accomptable for their miscarriages By the Law of England the King can do no wrong He is obliged by Oath to protect His Subjects in their Rights Properties and Estates Therefore His Ministers cannot take them away Yet no man of sence will denie but that the King for a publick good may by due means and ways make void even the Letters Patents in this case of Reprisal that is to say as it 's observed before with Money in the right hand of a Lord Treasurer Dutch Embassador or Lord Chancellor and the Scire-facias in the left hand for the Grantees to shew cause the Money being payed why they should not bring the Letters Patents into Court to be Cancel'd Treaties of State if they be repugnant to the Law of God the Law of Reason or the Laws and Statutes of England ipso Facto they are void in themselves The third Article of the pretended Treaty at Breda concluded in the year 1667. after the Surprize at Chatham says that all Offences Injuries Damages and Losses sustained on either side by the King or the States or their Subjects during this War or at any time before upon any cause or pretence whatsoever should be totally expunged and buried in Oblivion and all Actions at Law concerning the same Now if any forced Interpretation should be put upon this Article so generally Penned that all private differences of meum tuum between particular persons of either Nation should be comprehended in this Article it 's void because it s not in the Power or Prerogative of any Prince to hinder the due course of Law for a particular debt or personal injury Admit that a Hollander were indebted to an English-man before the Treaty at Breda for goods Sold or sent to make Sale of and the Dutch-man should plead specially the Treaty at Breda in Bar to an Action brought for the Money it would not hold good in Law for that it cannot be any ways intended that particular Debts and Actions should fall under the considerations of such Offences Injuries Losses and Damages mentioned in that Article which generally relates to Kings and States As for Mr. Carew his Plea to the Scire Facias and Affidavit annexed speaks sufficiently for his Justification Persisting That no restitution is made for the 151612 l. or any part thereof although Sir James Butler and others are ravishing his Estate from him upon Fore-closures of Equity even for Moneys lent upon account of prosecuting this Cause There was never such a president since the Creation that a particular Interest and Property so Liquidated and Established for satisfaction and reparation under those circumstances according to the Laws and Statutes of this Realm wherein so many Families are concerned as the Creditors of Sir William Courten and his Son Sir Paul Pynder and Sir Edward Littleton should be so slighted and contemned The Lord Chancellor well observed it concerned the publique it 's very true it concerns the publick Honour and Interest the publick Justice and Equity of the Nation that the Debt and Damages should be satisfied and repayed There is no Reason of State that particular persons should Purchase a publick Peace at their own Charge or that a private Interest should be Sacrificed for the publick good without satisfaction out of the Publick Purse The Parliament of Paris or Monpilier cannot give Laws to the Parliament of England that enacted if any man should be spoiled by French or others at Sea in peaceable times they shall have the right and benefit of the Law of Marque or Reprizals to recover their Loss Damages and incident Charges which by consent of Nations being once ascertained by a Judicial Act must have its Extent and Execution the end of the Law Satisfaction And this being agreeable to the Laws of God the Laws of Nature the positive Laws of Nations and the Laws and Statutes of England and the King having by His Letters Patents under the Great Seal of England pursuant thereunto commanded and required all Judges of the Admiralty and Officers there