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A34083 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 Japan : 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 ... : 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 ... concerning the letters patents aforesaid. Carew, George, Esq. 1682 (1682) Wing C549; ESTC R33340 30,399 34

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undertakes to Indempnifie and discharge the States-General and their Subjects concerning the same I. It is therefore humbly proposed That His Majesty should in lieu thereof grant and assign the 4 and ½ per cent arising out of the Barbadoes and the Careebe Islands and the wast Lands there to certain Trustees for the use and benefit of William Courten Grand-child and Heir of Sir William Courten and the Creditors of his Father and Grand-father who were the Original Proprietors of the Island of Barbadoes whereof they were dispoiled by Iames late Earl of Carlisle and his Adherents to the insupportable Damages of Sir William Courten his Family and Creditors That in Contemplation of Sir Paul Pyndar's great Services and Sufferings for the Crown of England and more particularly for the vast sums of Money lent to the late King Charles I amounting to the sum of One hundred and thirty thousand Pounds upon the Allom-Farm Sugar-Farm Collectors of the Papists Compositions in the Northern Counties and other Branches of the Revenue which were diverted in the late troublesom times to other uses leaving Sir Paul Pyndar's Assignments unsatisfied and many of his Creditors undone II. It is therefore humbly proposed That there may be a Privy-Seal granted for Fifty thousand Pounds upon the Reference from His Majesty that lies before the Lords Commissioners of the Treasury to be raised out of the said Papists Estates at the instance and Petition of Richard Powel Esq and Nathaniel Hill Gent. upon their old Compositions in the eleven Northern Counties as they paid under the Collection of Thomas Viscount Wentworth in the year 1638. which they are willing now to satisfie accordingly That whereas there are divers great Debts and Sums of Money owing and resting in the hands and posessions of the Sons Heirs and Executors of Jacob Pergens of Amsterdam and Peter Boudaen of Middleburgh in Zealand that belongs to the Estates of Sir William Courten and Sir Paul Pyndar upon Bills of Exchange Obligations for Money lent and private Contracts in Trade and Merchandizing amounting to the sum of One hundred and twenty thousand Pounds and upwards Whereupon there are Actions depending in the ordinary Courts of Iudicature in Holland and Zealand ready for Sentences and final Decrees wherein Iustice is positively denyed upon vain pretences of extinguishments and mortifications by Treaties of common Amity and Alliance III. It is most humbly proposed That His Majesty would be graciously pleased effectually to recommend the Petition of the Creditors that lies before the Lord Conaway to that purpose for speedy satisfaction to be made therein for relief of His most Oppressed Subjects POSTSCRIPT KInd Reader before you come to peruse the Answer to the Lord Chancellor's Arguments when his Lordship gave that hasty Iudgment for the King upon the Scire facias and Pleadings relating to the Letters Patents for Reprizals without hearing Counsel of the other side It 's necessary that you should first read the Abstract of the Scire facias brought by Sir Robert Sawyer His Majesty's Attorney-General and the Plea thereunto The Demurrer and Rejoynder thereupon being things of form and course to bring the whole matter in Issue are omitted herein for Brevity-sake The Plea being filed in Easter-Term 1681. lay dormant until Easter-Term 1682. Then the Demurrer was brought in generally that the Plea was not sufficient in Law c. Whereupon the Defendents persisting in their Rejoynder that it was the Record was made up and read in Court accordingly An Abstract of the Scire facias returned into the Pety-Bag-Office rendred out of Latine into English CHARLES the second by the Grace of God of England Scotland France and Ireland King c. To the Sheriff of Middlesex greeting Whereas by our Letters Parents under Our Great Seal dated the 29th of May in the 17th year of Our Reign for restitution to be made to Charles then Earl of Shrewsbury and others for certain Ships Goods and Merchandizes therein mentioned that were unjustly taken and detained from them by the Subjects of the States-General of the United Provinces We gave License and Authority to Sir Edmond Turnor Knight and George Carew Esq their Executors Administrators and Assigns on the behalf of themselves and others to set forth several Ships and Pinnace's to Sea from time to time to take and seize the Ships Goods and Merchandizes of the said States and their Subjects and to detain and keep the same as lawful Prize until the said Turnor and Carew shall have recovered the Money in the saeid Letters Patents mentioned with their Costs and Damages as by the said Letters Patents with the special Clauses and Provisoes therein contained may appear With this that by Articles of Peace and Amity between Vs and the said States-General at Breda July 21. 1667. in the 19th year of Our Reign and ratified under Our Great Seal Aug. 24. following It was agreed and concluded that all Letters of Reprizals Marque and Counter-marque general and special should be inhibited and revoked so that the Subjects of either Party should not exercise any Hostility or Violence afterwards upon any pretext or colour whatsoever And by other Articles of Peace and Amity between Vs and the said States concluded at Westminster Febr. 9. in the 26th year of Our Reign and ratified under Our Great Seal on the 28th of the same month and proclaimed accordingly that the Treaty made at Breda was renewed and confirmed And that further by Our Letters Patents dated June 6. in the 32d year of Our Reign We had superseded revoked and made null and void the said Letters Patents bearing date May 19. in the 17th year of Our Reign as aforesaid And that all and every the Powers Authorities Clauses Commissions Grants and Licenses in the said Letters Patents confirmed to the said Turnor and Carew were thereby made null and void and of no effect in the Law Wherefore to the end that the Treaties of Peace and Amity between Vs and the States might be kept firm and that a further remedy might be provided for that purpose We command you by good and lawful men of your Bailywick to summon the said Sir Edmond Turnor and George Carew to be and appear before Vs in Our High-Court of Chancery 15 days after Easter to shew cause if they can why the Letters Patents aforesaid should not be brought into Chancery and the Enrollment thereof cancelled and made null and void Witness Our Self at Westminster the 12th day of February in the 33d year of Our Reign By virtue of which Writ the said Sir Edmond Turnor and George Carew being summoned and the said Writ returned by Slingsby Bethel and Henry Cornish Esqs Sheriffs they appeared and pleaded in Easter-Term accordingly as follows An Abstract of the Plea filed in the Pety-Bag-Office in Easter-Term 1681. THe aforesaid Sir Edmond Turnor and George Carew by Matthew Pyndar Esq their Attorney comes and defends the force and injury c. craving Oyer of the Letters Patents and pleaded the
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 ●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