Possession which was referred to the Committee of Foreign Plantations who found that by the Laws of Nations and of this Kingdom the Heirs and Assigns of Sir William Courten retained a Freehold in the said Island having no ways forfeited the same for any Offence Aud that the Patent to James Earl of Carlisle mentioning him to be Lord Proprietor of the said Island was declared void and against Law The Councel of Courten further affirming that no Soveraign Prince or State could Disseize a person of a Uacancy possest by him at his own proper Costs and Charges without manifest Injustice And that it was against the Honour and Prudence as well as the Iustice of a Nation to despoil any Subject that laid out himself for the good of his Country Yet no Restitution hath been made for the said Island and Plantations to the Heirs and Creditors of Courten either by the King or the Planters out of the Old Servile Rents of Sugar Cotton or Tobacco for every head due to the Original Proprietor or out of the four and half per Cent of all Goods Exported granted by the General Assembly of Barbadoes in lieu thereof to the Lord Willoughby and since Assigned to the King Secondly Concerning the Spoils and Depredations upon the two Ships the Bona Esperanza and Henry Bona Adventura in the East Indies particularly excepted for Reparation by the 15 th Article of the Treaty concluded at London the 4 th September 1662. no ways performed It was therefore thought necessary and convenient upon the farther Applications of the persons Interessed and Injured to the King and to the Parliament that a War should be declared against the States General of the United Provinces which was carried on at the vast Charge of the Kingdom His Majesty being Graciously pleased upon the entrance into that War to express himself in a Speech to both Houses of Parliament as follows The 24th of November 1664. Mr. Speaker ANd you Gentlemen of the House of Commons I know not whether it be worth My pains to endeavour to remove a vile Jealousie which Ill men scatter abroad and which I am sure will never sink into the breast of any Man who is worthy to â—it upon your Benches that when you have given me a Noble and proportionable Supply for the support of a War I may be induced by some evil Councellors for they will be thought to think very respectively of my own person to make a suddain Peace and get all that Money for my own private occasions But let me tell you and you may be most confident of it That when I am compelled to enter into a War for the Protection Honour and Benefit of my Subjects I will God Willing not make a Peace but upon the obtaining and securing those ends for which the War is entred into and when that can be done no good man will be sorry for the determination of it IN the Month of May following His Majesty out of a Iust sense of Sir William Courten's Sir Paul Pyndar's and their Partners Injuries Damages and Losses in their Shipe Goods and Commerce did in pursuance of His own Authority and Prerogative-Royal Grant a Special Commission for Reprizals under the Great Seal of England grounded upon the Law of Nations and the Laws and Statutes of this Realm to continue effectual in Law at all times until the sum of 151612 l. Sterling Money with incident Costs and Charges should be Recovered and Received as by the Letters Patents recited in the Plea to His Majesties Scire Facias brought in the High Court of Chancery remaining upon Record in the Petty-Bagg-Office hereafter set forth at large more plainly appears It is to be remarked that during the War several Dutch East-India Ships and other Merchant Ships were taken by the Kings Men of War and made Free Prize but no part thereof given towards the Bona Esperanza and Henry Bona Adventura although earnestly sought after Those Spoils of War the Sacred Returns due to the Injur'd and Oppressed the price of much Blood and Treasure spent in the Expeditions of Courten and his Partners were otherwise imployed Which lies heavy at the Doors of those that have eaten the Bread of the Fatherless and Widows for whom the Land Mourns IT is to be considered when the said Letters of Reprizal were put in Execution by Mr. Carew and his Associates in the beginning of the year 1666. The prosecution thereof was Arbitrarily suspended by Proclamation on the Tenth of August following without any Iudicial hearing their Seamen frequently taken away for the Kings Ships His Royal Highness and His Secretary also pretending that it was prejudicial to their Interest in obstructing ordinary Letters of Marque during the War Carew Committed to the Fleet by Order of the Council Board and Enlarged by the Dreadful Flames on the 2 of September following so that instead of a Remedy it proved a Grievance the Ships and Goods Reprized being not sufficient to repair one half of the Costs and Charges in Equipping out Frigots towards recovery of the Debt The Iniquity and Corruption of the Proctors and Common Claimers being such that discouraged all men concerned in that Affair of Reprizals which in the Nations of old were esteemed as Chattels Real and Sacred Decrees like the Laws of the Medes and Persians Nevertheless in the Month of June 1667. a Treaty was concluded at Breda wherein it was mentioned as it 's said that all Offences Injuries Losses and Damages should be buried in Oblivion and all Letters of Reprizal Revoked which Peace and Alliance continued for the space of four years The Dutch Trading in English Bottoms having a War with the French King Then His Majesty declared a second War in Conjunction with France against the States General which continued for the space of two years DUring which time the Proprietors and Creditors Revived their Demands and made fresh Applications to His Majesty in Council to be Relieved in a publick way whereupon several Orders were made at the Council Board That Instructions should be sent to the Embassadors and Plenipotentiaries for that purpose Which being delivered to the said George Carew with the Kings Letter to the said Embassadors in the Month of June 1672. Intimating that the Obligations of all past Treaties being Cancelled it was just and seasonable that provision should be made in the next Treaty for intire satisfaction of the Spoils and Damages of the two Ships Bona Esperanza and Henry Bona Adventura according to the Liquidation in the Letters Patents wherein the Debt was stated and confirmed under the Great Seal for Reparation as aforesaid But in the Month of August the States of Holland Apprehended the said Carew at the Hague notwithstanding his Passport from the Dutch Commissioners or Embassadors at Hampton-Court to Travel all parts of the United Netherlands and committed him and John Sherland to Prison and Condemned the said Carew for a Spie and an Enemy of their Country in obstructing the
Good Intelligence and Understanding between the Ministers of State of both Nations and would have Executed the said Sentence if Mr. John Van Watchtendunck Commissioner of the States General and Advocate Sass had not been Prisoners in the Tower for Crimes of a very High Nature where they continued Prisoners even as Carew and Shirland did during the War which ended in a Separate Peace excluding France concluded at London Feb. 9. 1663 4. Whereby the States General were to pay 800000 Pattacoons to the King of Great Brittain for Damages at four equal Payments in four years The first whereof was paid to Alderman Backwell upon Ratification of the Treaty to the Kings use and the other three were Assigned to the Prince of Orange for old Debts contracted between His Father and Grand-Father and the late King Charles The Bona Esperanza being left in Statu quo without any other regard WHereupon several Questions were propounded concerning the special Grant aforesaid for Reprizals Frist Whether in such a Case under those Circumstances the Debt of 151612 l. and Damages were extinguished or discharged Secondly Whether the Remedy could be taken away or the Patent made null and void without any Satisfaction or Reparation to the Persons Interessed and Injured Which Being Resolved by Councel Learned in the Laws on the Negative as follows As to the first That no Act of State unless by Parliament can bind the particular Right of the Subject without satisfaction first made and that the King could not Release or Discharge any one that had done a private Injury to a particular person but that still be might pursue his Right by way of Law Secondly That Letters of Reprizal granted of Common Right and not of Grace and Favour when once the Power is vested in the Subject pursuant to the Law without any other Limitation then until the Debt and Damages shall be Recovered and Received The same cannot be bound or suspended by any subsequent Act of the King without Reparation the Laws of England having so secured the Subject that it 's not in the Kings power to dispose of His Subjects Goods THe Arguments they used to make good their Assertions inter alia were that the Letters Patents before-mentioned was a Iudicial Act whereby there was granted and confirmed such a permanent and Legal Authority vested with an Interest in Law for satisfaction of the Debt of 151612 l. and not a bare Ambulatory and Temporary Authority or Commission recoverable at pleasure for that such special Grants are required in due form of Law after divers Proceedings Citations Admonitions and Chargable Process in making out the Debt and Damages that oftentimes exceede the demands before they can attain unto Letters of Reprizal Iudicially to remain upon Record until satisfaction and Reparation otherwise the Consequences in Cases of Spoils might prove dangerous and destructive to Civil Society and Commerce there being no other way or Remedy under Heaven left for Recovery and Reparations for Injuries Spoils and Depredations done to the particular Subjects of England since the old Writs De Arresto Facto super bonis Mercatorum alieni genium pro Transgr ' c. in the Register and F. N. B. were taken away by the Statute Laws of the Realm whereby Reprizals were to Issue forth without delay in lieu thereof for satisfaction of Wrongs Losses and Dammages and the Law must not in any Case be rendred ineffectual However upon these Considerations several Addresses were made by the Proprietors and Interessed Creditors to the King and the States General Respectively not omitting the Prince of Orange whose Fortunes were raised by the last War when he was restored to the Offices Honours and Profits of his Father and Grandfather through the Sweat Blood and Labours of English men to have some satisfaction out of the Eight hundred thousand Pattacoons or any other ways as might seem most expedient But nothing could be obtained no not so much as a Hearing of their Cause Then least a failer of Iustice in this Case should be urged by the Foraign Creditors of Courten in France and Flanders or brought as a President against England where there was always the severest profession of Iustice Three Ships were entred into the Admiralty Court by the Proprietors with the Commanders Names number of Men Guns and Provision to Reprize what they could of the said Debt and Dammages according to the purport and intent of the said Letters Patents But upon notice thereof to the States General they Interposed by their Embassador to obstruct the prosecution then a pretended Super Sedeas issued forth afterwards a Proclamation to hinder the due Proceedings at Law yet all this while no offer was made of any Satisfaction either by the States General or the Prince of Orange or by the King of England or any of their Ministers of State respectively Afterwards a Dutch Ship being Laden with Wine and Prunes was taken by one of the said Commanders near the Isle of Wight in the Mouth of December 1680. in order to a Condemnation towards the Debt and Dammages aforesaid Yet several persons were so Blood Thirsty Malicious and Ignorant in the Laws of England as to prosecute the said Commander and his Seamen apprehending them with Warrants which they procured in the Kings Name whereby they were Arrested as Pyrats and Felons the said Warrants being as follows in haec verba CHarles the second by the grace of God King of England Scotland France and Ireland Defender of the Faith c. To our Marshal of our High Court of Admiralty of England And also to Daniel Giles Marshal of our Vice Admiralty of the Isle of Wight in the County of Southampton and to all Mayors Iustices of Peace Sheriffs Constables and other our Officers and Ministers whatsoever Greeting Whereas it hath appeared to Us in Council by the Examination and Confessions taken in the Isle of Wight before two of our Deputy Vice-Admirals and a publick Notary there That Compton Gwyther Commander of a small Vessel called the George Bona Adventura of about six and twenty Tons burthen Manned with Eleven men furnished with small Arms and Equip'd for taking any Ships Goods Moneys Merchandizes of the States General of the United Provinces by way of Reprizal by vertue of pretended Letters of Marque or Reprizal ☞ heretofore granted to Sir Edward Turnor Knight Deceased and George Carew Esq Did on the third or fourth of December instant near Dungeness in the dead of the Night and in a violent and Hostile manner Seiza on a Galliot Hoy called the Love of Rotterdam Burthen a hundred and sixty Tons Bastean Johnson Master laden with Wine and Prunes at Bourdeaux bound for Dort and by Force and Arms carried her into our said Isle of Wight where she now remains And that the said Daniel Giles our said Marshal hearing thereof in pursuance of our late Proclamation stopt the said Galliot Hoy and secured the said Compton Cwyther and his Company until he
Adventura and in the Estates of the said William Courten Deceased Sir Edward Littleton Baronet and Sir Paul Pyndar Knight Deceased that We would take their Case into Our Princely consideration We out of the just sense We then had and still have of their unjust Sufferings in that business both by Our own Letters under our Sign Manual to the States General of the Vnited Provinces and by Sir George Downing Knight and Baronet Our Envoy Extraordinary to whom We gave Especial Command so to do required satisfaction to be made according to the Rules of Justice and the Amity and good Correspondence which We then desired to conserve with them firm and Inviolable And whereas after several Addresses made to the said States General by Our said Envoy and nothing granted effectual for relief of Our said Subjects whom We take Our selves in Honour and Justice concerned to be satisfied and repaired We lately commanded the said Sir George Downing to intimate and signify to the said States that We expected their final Answer concerning satisfaction to be made for the said Ships and Goods by a time then prefixed and since elapsed that We might so govern Our selves thereupon that Our aforesaid Subjects might be Relieved according to Right and Justice And yet no Satisfactory Answer hath been given so that We cannot but apprehend it to be not only a fruitless endeavour but a prostituting of Our Honour and Dignity to make further Application after so many Denials and Slightings And whereas Iohn Exton Doctor of Laws Judge of Our High Court of Admiralty of England upon Our Command to certify to Us the value of the Losses and Damages sustained by the said William Courten and Partners whose Interest is now vested in Our loving Subjects Sir Edmond Turnor Knt. and George Carew Esq and Partners hath upon full Examination and Proofs thereof made by Witnesses in Our High Court of Admiralty Reported and Certified under his Hand that the same do amount to the sum of one Hundred fifty one thousand six hundred and twelve Pounds Now know ye That for a full Restitntion to be made to them for their Ships Goods and Merchandizes of which the said William Courten and the Assigns of the said William Courten and Partners were so Despoiled as aforesaid with all such Costs and Charges as they shall be at for recovery of the same We by Advice of our Privy Council have thought fit and by these Presents do Grant License and Authority under Our Great Seal of England unto Our said Subjects Sir Edmond Turnor and George Carew their Executors Administrators and Assigns for and on the behalf of themselves and other persons Interessed as aforesaid to Equip Victual Furnish and set to Sea from time to time such and so many Ships and Pinaces as they shall think fit Provided always that there be an Entry made and Recorded in the Admiralty-Court of the Names of all Ships and Vessels and of their Burthen and Ammunition and for how long time they are Victualled And also of the Name of the Commander thereof before the same or any of them be set forth to Sea And with the said Ships and Pinaces by Force of Arms to set upon take and apprehend any of the Ships Goods Moneys and Merchandizes of the said States General or of any of their Subjects inhabiting within any their Dominions or Territories whatsoever of any particular Estate within those Provinces and the Inhabitants thereof wheresoever the same shall be found and not in any Port or Harbour of England or Ireland unless it be the Ships and Goods of the Parties that did the wrong And the said Ships Goods Moneys and Merchandizes being so taken and brought into some Port of Our Realms or Dominions an Inventory thereof shall be taken by Authority of Our Court of Admiralty and Judgment shall be given in Our Court of Admiralty by the Judge or Judges thereof for the time being upon Proof made before him or them that the same Ships Goods Wares Merchandizes or Money did belong to the States General or any of their Subjects as aforesaid That they shall be lawful Prize to the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid to keep and retain in their or any of their Possession and to make Sale and dispose thereof in open Market or howsoever else to their and every of their best Advantage and Benefit in as ample manner as at any time heretofore hath been accustomed by way of Reprizal and to have and enjoy the same as lawful Prize and as their own proper Goods So that neither the Captain Master nor any of the Company that shall serve in his own person or shall promote and advance the said enterprize in manner and form aforesaid shall in any manner of wise be Reputed or Challenged for any Offender against any of Our Laws And that also it shall be lawful for all manner of persons as well Our Subjects as any other to buy the said Ships Goods and Merchandizes so taken and apprehended by the said Captains Masters and others and adjudged as aforesaid without any Damage Loss Hindrance Trouble Molestation or Incumbrance to befall the said Buyers or any of them in as ample and lawful manner as if the said Ships Goods Wares and Merchandize had been come and gotten by the lawful Traffique of Merchants or of just Prizes in the time of open War Provided always that all Ships Goods and Merchandize taken by virtue of this Our Commission shall be kept in safety and no part of them spoiled wasted or diminished nor the Bulk thereof broken until Judgment have first past as aforesaid that they are the Ships and Merchandizes of the States General or some of their Subjects as aforesaid And if by colour of this Our Commission there shall be taken any Ships Goods or Merchandizes of any of Our loving Subjects or the Subjects of any Prince or State in good League or Amity with Us except the States General or their Subjects as aforesaid and the Goods therein Laden Sold Embezled or Diminished or the Bulk thereof broken in any Place before they shall be adjudged to belong to the said States General or to some of their Subjects as aforesaid that then this Commission shall be of no sufficient Authority to take the said Ships Goods and Merchandizes or to warrant and save harmeless such as shall Receive Buy or Intermedle therein but that both the Prizes so taken and the said Ship of War shall be confiscated to Our use And further We do hereby declare that it is Our Will and Pleasure that this Our Commission shall remain in full Force and Power to all intents and purposes until the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid shall by vertue thereof have by Force of Arms Apprehended Taken Seized Recovered and Received from the said States General or their Subjects one hundred fifty one thousand six
Administration was granted to the said George Carew in the Letters patents for Reprizals before mentioned wherein the most visible part of Sir Paul Pyndar's Estate remains yet many difficulties and obstructions are laid in the way from coming to that poor remainder in this age of Forgetfulness Yet I hope it will not be in these our days as it was in the times of old when the Prophet Isaiah complained that Iudgment is turned backward and Iustice Standeth far off for Truth is fallen in the Street and Equity cannot enter Yea Truth faileth and he that refraineth from Evil maketh himself a Prey and the Text saith that the Lord was displeased that there was no Iudgment and when he saw that there was no man he wondred that none would offer himself From whence it may be inferred that they who suffer Injuries and Oppressions without Process and Appeal for Justice do not only betray themselves and their Cause but the Interest of their Country and the Laws of the Realm under which they have or ought to have protection There is one Remarkable and Fraudulent Case not to be Omitted in this Narrative ADmiral de Ruiter of Holland having taken a Fly-Boat of 200 Tun in Burthen called the Mary of Bristol belonging to Merchants of that City Laden with Sugar Cotton and Indigo from Barbadoes the said Ship and Goods were Condemned as free Prize to the States of Holland by the Admiralty of Amsterdam in the year 1665. Then the said Ship was sent from Amsterdam by the Name of the Godilive of Bruges and bound for France where she was Laden with Wine Salt and Vinegar under Spanish Colours as belonging to Iacob Neitz Michael Vander Planthem and other Subjects of the King of Spain which said Fly-Boat being taken by Captain Tyrance Byrne about the Month of Iuly 1666. and carried into the Port of Chichester in pursuance of a Commission by force of the Letters Patents for Repâ—izal granted to Turnor and Carew as aforesaid against the States of the United Province Upon Examination whereof it appearing that the Ship was Dutch Built Sailed from a Port in Holland to a Port in France the Seamen Hollanders and Zelanders Born and the Goods Consigned to Merchants of Amsterdam Sir Lyonel Ienkin Decreed that there was good cause of Seizure and Condemned the Master of the said Ship in Expences but in regard one Peter Gerrarda French man and common claimer of Prize-Ships appeared and claimed the said Godilive and her Lading in the Names of the said Iacob Neitz and others Subjects of Spain in Amity with the King It was ordered by the Judge that upon payment of the Costs and giving Bail to abide the Sentence of the Court upon hearing the Cause the Ship and Goods should be restored But the said Gerrard refusing so to do Arrested the said Captain Byrne in an Action of 1000 l. upon a Writ out of the Admiralty Court unto which he gave good Bail yet the said Gerrard made no Prosecution thereupon But upon Examination Ex parte and Certificates procured out of Flanders that the said Ship was Assigned to the said Neitz and others Merâ—hants of Brugis The Ship and goods were restored by the Court and delivered by the Vice-Admiral of Sussâ—x accordingly Afterwards the Proctor and Advocate of the common claimour Exhibits a Lybel in the Names of Neitz Vander Plancken and others in the year 1667. against Sir Edmond Turnor and George Carew joyntly with Captain Tyrence Byrne and Ionathan Frost his Owner uâ—on pretence that part of the Lading was Imbeaziled in the Port of Chichester and some of the Wines Perished with Lying Whereupon Sir Lyonel Ienkins pronounced a Sentence against Turnor Carew Byrne and Frost for 1800 l. Damages for spoiling their Voyage although the Ship and Goods were restored under all those Circumstances aforesaid from which Erronious and Unjust Sentence Turnor and Carew Appealed by themselves to Judges Deligates and Adjuncts who confirmed the said Sentence although against the Statute Laws of the Realm and the Common Law of England Turnor and Carew being neither Particeps Criminis nec munâ—ris and that no man in the Cases of Personal Injuries ought to suffer for the default of another for that by their own shewing in their Libel the Imbezlements being done in Chichester in the body of the County where they were to be Tryed by the Common Law Vive voce it being without the Jurisdiction of the Admiralty a Court of no Record Wherefore they Appealed to the King and obtained a Commission of review leaving the pretended Claimers and Byrne to dispute the matter Turnor and Carew being concerned no further then that their Names were used in the Process towards Condemnation Nothing of proof appearing to the contrary in all the Process transmitted in the said Cause The Humble Proposals of William Courten Esq Grand-Child and Heir of Sir William Courten Kt. Deceased Charles Earl of Shrewsbury Richard Powell Esq Thomas Coppin Esq and others here under-named on the behalf of themselves and other persons Interessed by Subscription to the said Proposals to His Majesty and the Lords and others of His Majesties most Honourable Privy Councel Ann. 1626 WHereas Sir William Courten at his own Costs and Charges set forth two Ships well provided with Men Ammunition and all Necessaries fit for Settling a Plantation They were bound for the West-Indies where they discovered an Island Landed and possessed it and called it the Barbadoes And in the same year Captain John Powell and Henry his Brother upon Sir William Courten's Account and at his Costs came thither with other Ships Freighted with Men Women Servants and all sorts of Provisions for carrying on the Plantation designed and Fetched several Indians from the main Land Built Houses Raised Fortifications and set up the Kings Colours made several Plantations of Cottons Tobacco Indigo c. Peopled the Island with English Indians and others to the number of 1850 Persons or thereabouts and Settled John Powel Iunior Governour there and the Planters paid Sir William Courten several Servile Rents of Sugar Cotten Tobacco c. as Original Proprietor 25th of February 1627. King Charles the first by Letters Patents under the Great Seal of England granted the Government thereof to the Earl of Pembrook and Mountgomery in Trust and at the Request of Sir William Courten with power to Settle a Collony there according to the Laws of England who gave John Powell a Commission to continue Governour there And Sir William Courten borrowed several great sums of Money and became much Indebted for carrying on the said Plantation 2d of Iuly 1627. Then James late Earl of Carlisle obtained a Patent for the Propriety Inheritance and Government of the Caribbee Islands But doubting it would not reach Barbadoes he surrendred it and obtained a second Patent rejecting the former containing a Grant of the Propriety and Inheritance of the Barbadoes to the said Earl and his Heirs 7th of April 1628.
should receive directions how to proceed in the matter And whereas the said Letters of Marque or Reprizal have not only been vacated by a Treaty of Peace made at Breda in the year one thousand six hundred sixty seven betwen Us and the States General But also superseded lately in due form under our Great Seal of England and since so declared by our Proclamation dated the six and twentieth day of August last We haue thereupon amongst other things the fifteenth instant by and with Assent of our Privy Councel ordered that our Trusty and welbeloved Sir Robert Holmes Knight Governour and Vice-Admiral of our said Island should cause the said Compton Gwyther and such of his Crew as are now in Custody to be brought up and delivered to our said Marshal of our said Court of Admiralty that they may be legally proceeded against as Pyrats These are therefore straightly to Charge and Command you that you forthwith receive and take into your Custody the Bodies of the said Compton Gwyther and his Company and them and every of them safely Conduct to our said Marshal of the said High Court of Admiralty whom we hereby straightly Charge and Command to receive and take into his Custody and him and them in such Custody safely to detain and keep until they shall thence by due Course and Order of our said Court of Admiralty be Delivered and set at Large And for so doing this shall be your sufficient Warrant Dated under Seal of our said Vice-Admiral the three and twentieth of December in the two and thirtieth year of our Reigne c. To Mr. Daniel Gyles Marshal of the Vice Admiralty of Hampshire John Bowles Register This is a true Copy of the Warrant whereby I did on the first of this Month of January receive into my Custody from the forementioned Mr. Daniel Giles the Bodies of Captain Compton Gwyther William Coats Joseph Bullivant John Baxter Francis Wansell Francis Martin John Gibson and William Jones now Prisoners in the Marshalâ—eas Witness my Hand the 5 th of January 1680. William Joynes Carolus secundus dei gratia Angliae Scotiae Franciae Hiberniae Rex Fidei Defensor c. Gulielmo Ioynes gen ' Supremae Curiae nostrae Admiralitatis Angl ' Marescal ejusque Deputato cuicunque ac omnibus aliis Officiariis Ministris nostris corum militibus salutem vobis conjunctim divisim Committimus ac firmiter injungendo Mandamus strictéque precipimus quatenus non omittatis propter aliquod libertatem vel Francheiss quin realiter Arrestatis seu Arrestari faciatis ubicunque invenientis quosdam Capitaneum Compton Gwyther Gulielmum Coates Iosephum Bullivant Iohannens Baxter Franciscum Wansell Franciscum Martin Iohannem Gibson Gulielmum Iones eorum Complices fautores Socios pro Nantis in Navicula quadam sive Hoy à Angl ' à Hoy cujus dictus Compton Gwyther est Capitanens se gerentis Piraticae suspectos Actae scilicet perpetratae super quadam Navicula sive Galliotta vocat ' the Love de Rotterdamo cujus Bastiansen Iohnson Denhinc est Magister Ad Williemum Bastiansen subditum Dominor ' ordinum Generalium Foederatraum Belgii Provinciarum spectan ' pertinen ' è Portu de Burdegaliâ in Regno Franciae versus Portum de Dodraco in Hollandia cum bonâ—s Mercibus pro Computo quorundam Mercatorum de Dordrato predict ' subditorum Dominor ' Ordinum pred' vel Incolarum Provinciarum uniti Belgii tendenum sed in Cursu suo mense Decembris ultimo preterit ' super alto mari dum erat in pace Dei optimi maximi nostra predict ' Capitaneum Compton Gwyther socios Piratice spoliata uti sub jurament ' in debita Juris forma prestit ' asleritur in Insula nostra vectis Modo existen ' dictosque Capitaneum Compton Gwyther Gulielmum Coats Iosephum Bullivant Iohannem Baxter Franciscum Wansell Franciscum Martin Iohannem Gibson Wilielmum Iones corum Complices sub sulâ—â— securo Custodiatis seu Custodiri faclatis arresto super Piratici Criminis predict ' suspitione donec quousque corum corpora habeantur coram nobis Justiciariis nostris Admiralitatis Angliae predict ' ad omnia singula Proditiones Felonias Murdra Homicidia Piratices Depredationes alia offensa delicta Maritima quaecunque audiend ' terminand ' assign ' prox ' Sessione Generali pro nobis Admiralitate nostra pred' in Burgo de Southwark in Comitat ' nostra Surriae tenend ' His quae ex parte nostri cum venerint objicienter personaliter respoâ—sur ' ulteriusque factur ' receptur ' quod justum fuerit in hac parte Mandantes in super omnibus singulis proceribus Justiciariis ad pacem Majoribus vici Comitibus Ballivis Marescallis aliisque Officiciariis Ministris nostris quibuscunque quodivobis verum cujuslibet in Executione praemissorum sint Auxiliantes in tendent ' favenâ—es pariter obedientes in omnibus per omnia prout decet sub paena Juris periculo incumbenâ— Dat' Londim in Curia nostra predict ' sub sigillo ejusdem magno quinto die Menfiâ— Ianuarii Anno Domini Stylo Angl ' 1680. Reginque nostri Tricesimo secundo Orlando Gee Regist. THis is a true Copy of the Warrant under the great Seal of the Admiralty which I received after Examination of some Witnesses here upon Oath William Joynes Marshal of the High Court of Admiralty THe Captain and Seamen being so Committed to Prison and Irons put upon them Sir Lyonel Jenkins at the instance of the Dutch Ambassador ordered Mr. Bedford to bind the Dutch Skipper in a Recoganizance of 500 l. to prosecute them as Felons and Pyrats upon the Statute of the 28 of Henry the 8 th Whereupon the Commission of Oyer and â—erminer was Granted under the Great Seal of England directed to the persons hereafter named for Trying of Criminals in the Admiralty dated 24 January 1680. The Names and Titles of the Judges in the said Commission of Oyer and Terminer PRocharissimo Consanguineo Concilar ' nostro Principi Ruperto Comiti Palatini Rheni duci Cambrie c. Vice Admiralla nostr ' Angl ' Predilectâ— fideli Conciliar nostr ' Daniel Finch Ar ' Comissariis nostris ad exequend exercend ' dict' Officium locum Domini magni Admirali Angl ' Respective Assignat ' Deputat ' Charissimo Consanguineo nostro Willielmo Vice Comiti Brunchard Comissariis nostris ad exequend exercend ' dict' Officium locum Domini magni Admirali Angl ' Respective Assignat ' Deputat ' Prelectis fidelibus nostris Thomae Littleton Baronetto Comissariis nostris ad exequend exercend ' dict' Officium locum Domini magni Admirali Angl ' Respective Assignat ' Deputat ' Thomae Meres Militi Comissariis nostris ad exequend exercend ' dict' Officium locum Domini magni Admirali Angl ' Respective Assignat ' Deputat ' Et
hundred and twelve Pounds according to Appraisement to be made by sufficient Appraisers upon Oath Nominated and Authorised in Our said Court of Admiralty of all such Ships Goods Wares and Merchandizes as shall be taken from the said States General or any of their Subjects by vertue 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 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 Correspondence 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 said States General but only in Case of Resistance and that after in Cold Blood the said Subjects of the said Sttates 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 Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid by vertue 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 Subjucts as besides the said sum before mentioned shall countervail satisfie and pay all such Costs and Charges as the said Sir Edmond Turnor and George Garew their Executors Administrators or Assigns as aforesaid shall from time to time make proof to have disbursed and paid towards the Equipping Manning Paying Furnishing and Victualing of the said Ships so Licensed and Authorised as aforesaid by this Our said Commission to be Equipped Manned Pay'd Furnished and Victualled by the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as foresaid for the purpose aforesaid And Our Will and Pleasure is and We do hereby require Our Judge or Judges of Our High Court of Admiralty for the time being and all other Officers of the Admiralty and all other Our Judge or Judges 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 vertue 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 Royal 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 Quo lecto Auditu udem Edmundus Georgius dicunt quod Litere Paten predict eis sic ut prefertuâ— consect ' ac Irrotulament ' eorundem evacuari cancellari dampnar ' ac frustrari ac dicto Domino Regi in Cancellar ' suam predict ' restitui ibidem Cancelland ' non debent Quia dicunt quod Dominus Carolus primus nuper Rex Angl ' per Literas suas Patentes sub magno sigillo suo Angl ' geren ' dat' apud Westm ' pred' vicesimo die Decembris Anno regâ—i sui undecimo Annoque Domini millesimo sextentâ—simo tricesimo quinto Et de Recordo hic in Cur ' Cancellar ' â—â—rotulam ' pro se successoriâ—â—â—s suis pro ration ' Consideration ' in eisdem mentionat ' content ' concessisset ' licentiam potestat ' Authoritat ' Ac etiam express ' mandat ' dedisset ' Willielmo Courten nuper de London Mil ' participibus secuus associat ' ad emittend ' Anglice to set forth diversa Naves Navicul ' bon ' Merchandiz ' comercia ad Goa partes de Malabarr Oras de China Iapan in Indiis Oriental ' ad inveniend ' fortificand ' sese confirmand ' Anglice settle in locis Covenien ' pro Commerc ' Coloniis Quodque in prosecution ' execution ' inde diversa factoria Repositaria erect ' confirmat fuer ' prope Maritima Ora ad grand ' expens ' sumpto predicti Willielmi Courten perticip ' apud Carrwarr Macâ—ao al' partes in Indiis Orien ' partibus Maritin ' de China Iapan predâ— quodque dictus nuper Rex Carolus primus ex mero motu gra ' suis post mortem dicti Willielmi Courten Mil ' Anno regni sui decimo tertio apud Westm ' predict ' per al' Literas suas Paten ' sub magno sigillo suo Angl ' quas iidem Edmundus Georgius hic in cur ' proferunt concessisset confirmasset dictas concession ' cuidam Willielmo Courten Ar ' fil' hered ' soli executer ' dicti Willielmi Courten Mil ' participibus suis contin ' omnes recitationes Instructiones Navigia Anglice Shipping potestat ' privileg ' Authoritat ' benefic ' in dictis Literis Paten ' prementionatâ— pro incitament profectu in Confirmatione prosecutione Commercii pro spacio quatuordecim Annorum Commens ' ab post expiration ' dict' Literar ' Paten ' ut presertur Et ulterius iidem Edmundus Turnor Georgius Carew dicunt quod quidam Paulus Pindar nuper de London Mil ' modo defunct ' accomodasset eidem Willielmo Courten patri summâ—m triginta quinque Mille librarum legalis monete Angl ' super primum expedition ' inceptum dicti Commercii ut prefertur quequidem summa tempore mortis dicti Willielmi Courten Mil ' in manibus ipsius Willielmi remansit Et eidem Paulo omnino insolui ' insatisfact ' fuit quodque dictus Willielmus Courten fil' perticipes sui Anno Domini Millessimo sextentesimo quadragesimo primo emisissent Anglice set out duas Naves scilicet unam vocut ' Bona Esperanza alteram vocat ' Henry Bona adventura onerat ' cum pecun ' bonis Merchandizis inter al' pro Indiis Oriental ' partibus transmâ—rin ' pred ad manuteneud ' Comerâ— ' Anglice Intercourse of Trade supplementum