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A34160 Hinc illæ lacrymæ, or, An epitome of the life and death of Sir Wlliam Courten and Sir Paul Pyndar ... with their great services and sufferings under the crown of England : together with a brief narrative of the case and tryal of certain persons for pyracy and felony on the 10th of February 1680 : upon a special commission of Oyer and Terminer, grounded upon the statute of the 28 of Henry the 8 / faithfully and modestly collected by Thomas Carew ... ; with some remarques thereupon. Carew, Thomas, 1595?-1639? 1681 (1681) Wing C563; ESTC R12035 39,994 28

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