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
HINC ILLAE LACRYMAE OR AN EPITOME OF THE LIFE and DEATH OF Sir William Courten AND Sir Paul Pyndar Late of London K nts Deceased 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 Gent. with some Remarques thereupon LONDON Printed for the Persons Interessed Anno Dom. MDCLXXXI To the Honourable Sir John Nicholas Knight of the Bath One of the Clerks of His Majesties most Honourable Privy Councel SIR AT the Instance and Importunity of the Heirs Executors and Administrators of Sir William Courten and Sir Paul Pyndar and several of their most considerable Creditors for whom I have been an Agent almost these forty years last past am now constrained to write this brief Narrative of their Services and Sufferings for the Crown and Kingdom of England Wherein so many Orphans and Widows have long Groaned under the misfortune of those two most Eminent Merchants in the World of their time whose Tears are not yet wiped away It s held for an Opinion amongst the Casuists that although a Trespassor should be Iudicially acquitted and discharged of a particular Injury done unto his Neighbour without giving him satisfaction Yet he stands obliged in Equity and good Conscience to make him Restitution and Reparation for the Wrong and Damages sustained The Arguments are far stronger against those that have Spoiled Courten and Pyndar in the East and West-Indies with a Continuando Although their Rights and Properties were Invaded at Home and Abroad no Power could divest the Proprietors and Interessed in this Case of their Senses and Reason In all Revolutions of Government nothing could make them Disloyal to their Prince nor Unfaithful to their Country they never appeared otherwise then with their Humble Addresses for some Seasonable Satisfaction to their Iust Demands The Substance of the whole matters contained in this History with the Prosecution thereupon are reduced into the following Abstracts only the Scire Facias brought by His Majesty and the Plea thereupon recited at large as they remain upon Record and Humbly represented Methodically to the Right Honourable Viscount Hyde which will naturally fall under the Consideration of the Lords Commissioners of the Treasury being all contracted at last into three several Petitions the one relating to the Barbados and the Products thereof the second to the Disbursements for the Crown before the year 1641. the third to the Debts and Damages due from the East-India Company of the Netherlands and some particular Inhabitants in Amsterdam and Middleburgh to the Estates of Sir William Courten and Sir Paul Pyndar wherein the Honour and Interest of the King and Kingdom are concerned to see Right done to the Petitioners respectively who had many kind Offices done for them in the Premisses by your Father and have all of them a great Confidence in your Zeal to Iustice and your readiness to do them all Lawful Favours in the duty of your Office and with that assurance I remain SIR Your most Obliged Friend and Servant THOMAS CAREW July 12th 1681. To the Right Honourable Lawrence Lord Hyde Viscount Killingworth Baron of Wooten Basset Primier Commissioner of the Treasury and one of the Lords of His Majesties most Honourable Privy Councel Right Honourable IT was thought necessary and expedient by the late King Charles and the Lords and others of His Majesties most Honourable Privy Councel in the year 1635. upon the decay of the East-India Trade and His Majesties Customs in the Port of London The Merchants Trading to the East-Indies having wasted several great Ioynt Stocks being undermined and beaten out of Commerce by the Dutch to give Command and encouragement to Sir William Courten and his Partners by a new Charter and Grant under the Great Seal of England to undertake Trading Uoyages to Goa the parts of Mallabar Chyna Japan c. Upon whose Foundations and Discoveries the present East-India Company have taken such Methods and Measures whereby they have Trebled their Principal Actions Increased Navigation and brought Honour and Wealth to this Kingdom But Sir William Courten and his Partâ—ers as iâ— most enterprises for the publick good 〈…〉 great Difficulties Losses and Damages after they had settled several Fact 〈◊〉 in places of Strength and Seâ—urity at their vast Expence and Charges upon hopes of Protection from the Crown of England which prâ—â—ed otherwise pro tempore by reason of the late Intestine Troubles in England Scotland and Ireland that gave opportunity to the Hollanders to spoil those Noble undertakings of Sir William Courten and his Associates The King of Great Britain having granted the Priviledge and Favour to Sir William Courten and his Partners in the said Charter as an Ensigne that they were imployed by His Maiesty to carry iâ— all their Ships the same Colours commonly called the Iack oâ— English Flâ—gg Whereby Captain Proud and other Old Officers yet Living of the East-India Companies Ships upon the Command of a great Gun Struck their Flaggs and Lowered their Lop-Sails at Goa iii view of theÌ„ Portugals and Dutch such a respect was paid to the Kings Colours when he was in Prosperity that soon afterwards in the year 1643. were taken down from the Bona Esperanza and dragged aâ—out the Streets by the Hollanders in Battavia when they had spoiled Courten of his Ships and Goods My Lord It would seem a great piece of Folly to make any impertinent Repetitions in a Case so well known to the World wherein every Paragraph is an Abstract out of Matters of Record Only I am bound to acquaint Your Honour that the late Lord High Chancellor of England Your Father was much concerned in several Transactions thereof who I presume if he were now Living would Study all ways and means possible to compose the Differences and Controversies in this Case rather then suffer those things to be Argued publickly in the Highest Court of Iudicature and there to remain unto Posterity wherein the Kings Honour and Iustice would be exposed by recriminating divers persons that lie under such Circumstances of Grand Mistakes and Oppression The Memory of Sir William Courten and Sir Paul Pyndar who had so déeply suffered in the East and West Indies and of their great Services otherwise for the Crown of England readily Inclined His now Majesty and the Ministers of State in the year 1660. to recommend their Cases more especially for Satisfaction and Reparation which were Solicited several years together with great Industry and Expence both at Home and Abroad without any effect otherwise then some preparatory means towards relief in two of their Demands as follows that is to say First Concerning Sir William Courten's Title to the Barbadoes wherein he was Absolute Proprietor by Original Right of Discovery and
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
Edwardo Hales Armigero Comissariis nostris ad exequend exercend ' dict' Officium locum Domini magni Admirali Angl ' Respective Assignat ' Deputat ' Nec non Commissariis nostris ad exequend ' excercend ' Dictum officium Locum dicti Magni Admir ' Angl ' Assignat ' Deputat ' pro tempore existen ' eorum quibuslibet Predilectis fidelibus Consiliariis nostris Leolino Ienkins Militi Legum Doctori in suprema Curia Admiralitatis nostr ' Angl ' Locum Tenenti Generali Commissario dicte Curi nostre Iudici Presidenti Ac primar ' Secretarior nostr ' uni Francisco North Militi Capital ' Iusticiario nostro de Banco Edwardo Seymer Armigero Classis nostre Thesauario Ac dilectis fidelibus nostris Capitali Iusticiario nostro ad placita c. Pro tempore existen ' Harbottle Grimston Baronetto Magistro Rotul ' Cur ' Cancellar ' Willielmo Mountague Capitali Baroni Scacarii nostri Hugoni Wyndham Mil ' uni Iustic ' de Banco Thomae Iones Mil ' uni Iustic ' Ad placita c. Willielmo Dolbin Mil ' alteri Iustic ' nostrorum Ad placita Thomae Raymond Mil alteri Iustic ' nostrorum Ad Placita Edwardo Atkins Mil ' uni Baronum Scacarii nostri Willielmo Gregory Mil ' alteri Baronum Scacarii nostri Iob Charleton Mil ' alteri Iustic ' de Banco Richardo Weston Mil ' alteri Baron ' Scacarii nostri Roberto Wiseman Mil ' ac Legum Doctor ' Alme Curie Cant ' de Arcubus London Officiali Principali Thomae Exton Mil ' Legum Doctor ' Advocato nostro Generali Iacobo Butler Mil ' uni 〈◊〉 Concill ' nostro Erudito in lege ac precharissime Consortis nostre Regine Attornato Iohanni Bramston Mil ' Balnei Vice Admirallo nostro Com' nostri Essexie Samueli Baldwin Mil ' uni servien ' nostror ' ad legem Robertus Wright Mil ' alteri servien ' nostror ' Francisco Brampston servien ' Ad legem Iohanni Coel Mil ' Cancellari nostri resâ—â—â—tive Magistris Tymotheo Baldwin Mil ' Cancellari nostri resâ—â—â—tive Magistris Edwardo Lowe Mil ' Cancellari nostri resâ—â—â—tive Magistris Samueli Clerke Mil ' Cancellari nostri resâ—â—â—tive Magistris Willielmo Cooke Mil ' Cancellari nostri resâ—â—â—tive Magistris Adamo Oatley Mil ' Cancellari nostri resâ—â—â—tive Magistris Iohanni Werden Mil ' Baronetto Roberto Southwell Mil ' Thomae Hayter Armiger ' 1 Classis nostro Rege Controtulatori Iohanni Tippetts Mil ' Classis nostri Commis ' Richardo Haddock Mil ' Classis nostri Commis ' Iohanni Narborrough Mil ' Classis nostri Commis ' Phineas Pett Mil ' Classis nostri Commis ' Iacobo Southern Ar ' Classis nostri Commis ' Willielmo Hickman Barron ' Ordinationum nostrar ' Commis ' Iohanni Chichley Mil ' Ordinationum nostrar ' Commis ' Christopohro Musgrave M. Ordinationum nostrar ' Commis ' Georgio Legg Ar ' Ordinationum nostrar ' Commis ' Thomae Allen Mil ' Baroneto Roberto Holmes Militibus Iohanni Holmes Militibus Iohanni Berry Militibus Iohanni Wetwang Militibus Willielmo Ienings Militibus Arthuro Herbert Armigero Willielmo Turnor Militibus Aldermanis Civitat ' nostr ' London Iosepho Sheldon Militibus Aldermanis Civitat ' nostr ' London Iacobo Edwards Militibus Aldermanis Civitat ' nostr ' London Iacobo Smith Militibus Aldermanis Civitat ' nostr ' London Georgio Treby Mil ' Civitatis nostri London Recordatori Edwardo Master Legum respective Doctoribus Willielmo Trumbal Legum respective Doctoribus Henricâ— Falconberge Legum respective Doctoribus Thomae Pinfold Legum respective Doctoribus Richardo Raynes Legum respective Doctoribus Willielmo Oldiis Legum respective Doctoribus Carolo Perrot Legum respective Doctoribus Roberto Thompson Legum respective Doctoribus Iohanni Edisbury Legum respective Doctoribus Carolâ— Hedges Legum respective Doctoribus Stephano Brick Legum respective Doctoribus Iohanni Brisbaâ—e Armiger singulis vestrum salutum Iacobo Hoare Armiger singulis vestrum salutum Petro Prich Armiger singulis vestrum salutum Rich Lloyd Finch C. The Precepts to the Sheriff of Surrey being Returned and the Juries Summoned appearing accordingly at the New-Hall on the 18th of February 1680. in the Court of the Marshalsea in Southwark SIR Lyonel Jenkins as President of the Court accompanied with Iudge Wyndham Iudge Jones Iudge Charleton and Iudge Raymond and Twenty six of the other persons nominated as Iudges in the said Commission Which being Read and the Charge given by Sir Lyonel Jenkins to the Iurors The Bill of Indictment was brought in against the said Prisoners for Piracy and Felony and found Billa vera by the Grand-Iury upon the Evidence of the Dutch Master and two of his Ships Company Then the Prisoners being all Arraigned pleaded severally not Guilty and put themselves upon God and their Country for Tryall The matters of Fact in Issue were proved that they had taken such a Ship and Goods in the said Warrants mentioned and it was insisted upon by the Advocate General and Councel for the King That the said Ship and Goods were taken Pyratically and Feloniously without any Legal Authority or Commission after two Treaties of State whereby they pretended the Letters Patents for Reprizal were extinguished and made null and void being so recited in a pretended Supersedeas under the Great Seal of England and likewise in the Kings Proclamation mentioning that the said Letters Patents and Commission for Reprizals were revoked before the said Ship was Seized It was also alleadged that there was not a due Entry made with Mr. Bedford the Register of the Admiralty of the Captains Ship Named the George Bona Adventura with the number of Men Guns and Provisâ—on and that Bulk was broken before Daniel Gyles the Marshal had Seized and taken the Galliot Hoy into his Custody and so insinuated to the Iury that they were to find the Piracy and Felony accordingly Unto which the Prisoners at the Bar and Mr. Carew who gave the Captain his Commission pleaded the Legality of the same with the Entry in due Form Which Commission being read in Court Caâ—ew Iustified that he Subscribed his Name and fixed his Seal under the appointment and Deputation following Indorsed upon an Authentick Copy on exemplification of the Letters Patents viz. I The within Named George Carew by vertue of the Power and Authority unto me given by the Letters Patents under the Great Seal of England of which this is an Authentick Copy Do for my self and on the behalf of all other persons Interessed therein Constitute and Assign Nominate and Appoint Compton Gwyther Gentleman to be Captain and Commander of the good Ship Named the George Bona Adventura of the Burthen of Eighty Tuns or thereabouts Equipped and furnished with Ten Guns and Sixty Men Victualled and to be Victualled from time to time during the space of Twelve Months by the Owners and Proprietors of the said Ship for the said Captain Gwyther to do execute and perform
all such Acts and Things as the said Captain by Strength and Force of the said Ship and men by vertue and in pursuance of the said Letters Patents and the Commission hereby given may lawfully do in such manner and Form as by the said Letters Patents is limited expressed and declared In witness whereof the said George Carew hath hereunto set his Hand and Seal the 14 th day of Iune in the Two and Thirtieth year of the Reign of our Soverain Lord King Charles the second Anno Dom. 1680. George Carew NOtwithstanding the said Letters Patent were read in Court hereafter recited at large in the Plea to the Seire Facias Sir Lyonel Jenkins persisted to the Iury that by the Laws of Nations the Treaty at Breda had made null and void all Letters of Reprizal That the Kings Proclamation was of a sufficient Authority to bind all His Subjects and that His Majesty having the power of Peace and War all people were to take notice thereof Unto which the Prisoners replyed that the putting the Letters of Reprizal into Execution was no breach of the Peace neither was any thing done Felo Animo in prosecution of the said Commission or Piratically in pursuance of that Authority contained in the Letters Patents and that they had used the Dutch Master and Seamen with all Kindness and Humanity set them on Shoar with all their Apparel and what else they pleased to take with them Then one of the Learned Iudges insisted that the Commission was voidable at the Kings pleasure being but a bare Authority and determinable at the Kings Will. Whereupon the Prisoners at the Bar Craved to be heard by Mr. Wallup Mr. Molloy and others their Councel to those points in Law who replyed that the King had by His Graut vested the Subjects in this Case with aâ— Interest coupled with an Authority for Recovery of their Debt and Damages and especially provided for the continuance thereof until satisfaction of the Principal Debt withal Casts and Charges or a Composition for the same with the Parties Interessed and Injured Pro ut ' c. vide the Grant Sir Lyonel Jenkins then further urged erroniously that the Hollanders had not any notice of the Monition for Examination of Witnesses that made proof of the Spoils and Depredation And that the said Letters Patents for Peprizal being Granted in time of War the East-India Company of the Netherlands could make no defence against it Which was otherwise the Monition being fixed upon a Piller of the Exchange in the year 1644. and partecular notice given to the Dutch Embassador to Cross Examine the said Deponents if he pleased And that the East-India Company had sufficient notice and warning two years together by Memorials that the Grant for Reprizals would pass in that nature for Reparation of the Debt and Damages being so recited in the body of the Record Several other Arguments were used and the Major part of the Iudges seemed satisfied therewith Then Iudge Raymond and Iudge Wyndham urged that the Iury might find the Matter Specially which was opposed by divers of the Iudges Sir Job Charleton sayiâ—g he would not wash his Hands in the Blood of those persons Besides Mr. Carew having obserued that the Treaties mentioned in the pretended Supersedeas and Proclamation were not Inrolled and therefore the Printed Copies thereof offered as Evidence were impertinent So upon the whole matter the Iury brought in their Uerdict that the Prisoners were neither Guilty of Felony nor Pyracy Whereupon Sir Lyonel Jenkins bound over Mr. Carew in a Recognizance under a great Penalty with Caution to answer to an Information at the Kings-Bench-Bar the first day of Easter Term following and would have kept his Original Patent under the Great Seal of England which was Exhibited and read in Court as an Evidence on the behalf of the Prisoners at the Bar upon their Tryal Sir Lyonel pretending that it ought to be detained by way of prevention for that Mr. Carew intended to set forth other Ships upon the like occasion But several of the Iudges answered that the Patent being brought into Court as Evidence by Mr. Carew it ought to be returned to him Sir George Treby alleadging it as a very unreasonable thing that they who came to give Iudgment in Cases of Depredation should be guilty of it themselves so the Patent was returâ—â—d to Carew accordingly But before Easter Term a Scire Facâ—as Issued forth of the High Court of Chancery in the Kings Name directed to the Sheriff of Middlesex to Summon Sir Edmond Turnor and the said George Garew to shew Cause why the said Letters Patents should not be brought into His Majesties said Court of Chancery there to be Cancelled and made void with the Inrollment thereof who were summoned to appear quâ—ndenà Paschae 1681. which they did according to the said Summons the Scire Facias and return thereof being contained in hec verba as followeth with the Plea thereunto annexed both remaining of Record in the Petty-bagg Office The Scire Facias Dom. Rex con ' Turnor Carew CArolus secundus Dei gratia Angl ' Scoc ' Franc ' Hibern ' Rex Fidei Defensor ' c. vic' Midd salutem cum per quasdem literas nostras Patentes magno sigillo nostro Angl ' sigillat ' geren ' dat' apud Westm ' decimo nono die Maii Anno regni nostri decimo septimo pro restitut ' saciend ' Carolo tunc Comiti Salop al' in eisdem liieris Paten nominatis Participibus cum quodam Willielmo Courten Armigero modo defunct pro quibusdam Navibus bonis Merchandizis in eisdem literis Paten ' spicificat ' ejusdem Willielmi Courten participum suorum predict per subditos statuum General Provinciar ' Belgii unitar ' aute tunc in partibus exteriis ab eis minus juste capt ' detent ' Dedimus licent ' authorit ' quibusd ' Edmundo Turnor Mil ' Georgio Carew Ar ' duobus participium predictor ' in eisdem Literis Patentibus nominatis Execut ' Administ ' vel Assign suis ex parte sua aliar ' persâ—â—â—r ' supradict ' armandi comeatu instruendi Anglice furnishing ad mare emittendi Anglice 〈◊〉 to Sea tot ' tales naves naviculas Anglice Pinnaces quot sibi vellent Ac cum eisdem aggrediend Anglice setting upon capiendi seisiendi omnes naves bona mâ—net ' Merchandiz eorund Statuum General ' subditor ' suorum infra aliqua Dominia Territor ' sua quecunque inhabitan ' cujuslibet particular ' Stat ' infra Provincias supraedict ' ubicunque eadem invent ' fuerint extra aliquem Portum Angliae sive Hiberniae eadem custodiend in corum sive alicujus eorum possession ' retinend ' ac ut bona sua propria post adjudicationem in suprema Curia Admiralitatis Angliae pro preda legittima vendendi disponendi quousque sibi prefat ' Edmundo Turnor Georgio
Carew Particibus suis predictis de damnis summa monete in eisdem literis Paten ' eis fore debit ' et solubil ' computat ' unacum misis expensis suis que in ea parte rationabilit ' sustinent plenare fuer ' satisfact ' pro ut per easdem Luteras Patentes unacum seperal ' Clausul Provision ' in eisdem content ' specificat ' relatione inde habit a plenius Liquet apparet cumque per Articulos pacis Confederationis inter nos Celsos ac Prepotentes Dominos ordines generales federatorum Belgii Provinciar ' apud Bredamâ— icesimo primo die Iulii Anno regno nostri decimo nono sub magno sigillo nostro Anglie ratificat ' ac infra hoc Regnum nostrum Anglie publice solempnit ' Proclamat ' vicesinio quarto die Augusti in eodem Anno inter alia conventum concordatum provisum existit ' quod omnes â—itere Reprizal Marque Contramarque tam general ' quam special ' sunt inhibite revocat ' quodque non erit permissum subditis utrinque suis hostilitatem aut violentiam alt ' partum inferre aut mari aut terra pretextu aut Colore quocunque cumque per al' Articulos pacis amicitiae inter nos predictos ordines generales federatarum Belgii Provinciarum predict ' conclus ' apud Westm ' nono die Febâ—â—arii Anno regni nostri vicesimo sexto sub magno sigillo nostro Anglie ratificat ' ac infra hoc regnum nostrum Angliae publice solempnit ' proclamat ' vicesimo octavo die dicti mensis Februarii Anno regni nostri vicesimo sexto supradicto Articul ' predict pacis amicitie conclus ' apud Bredam predict ' confirment renovent maneant in plena vi ac vigore omnesque Articuli predict in t ' al. ratifieat confirmat ' existunt Cumque nos ulterius per literas nostras Patentes sub magno sigillo nostro Anglie Geren ' dat' decimo sexto die Iunii Anno regni nostri tricesimo secundo supersedimus revocavimus adnullavimus evacuavimus predictas Litras Patentes geren ' dat' pred' decimo nono die Maii Anno regni nostri decimo septimo supradicto Ac omnes singulas Potestates authoritates Clausul ' Commission ' Concession ' licentias in eisdem content ' Cumque daâ— ' sit nobis intelligi quod quamvis ratione premissorum predictorum litere Panten ' sic ut prefertur â—isdem Edmundo Turnor Georgio Carew confect ' vacue nullius vigoris seu effectus in Lege suerint quodque omnis licentia authoritas per easdem concess ' penitus adnullat ' revocat ' fuerint existunt Colore tamen literarum Paten ' pred' iisdem Edmundo Turnor Georgio Carew confest ' quamplurimum subditorum Statuum general ' predictorum fuerint indies sunt injuste contra tractatus pacis Amicitiae predict ' multifariam inquietati gravati et molestati ad grave dampnum subditorum predictorum magnum dedecus contemptum nostrum ad infringendam pacem illam in t ' nos Status generales predict ' quam firmam esse volumus nos volentes remedium in hac parte congruum providere tantisque malis in futurum obviam ire ac in permissis fieri quodest justum Tibi igitur precipimus quod per probos legales homines de Balliva tua scire fac ' prefat ' Edmundo Turnor Georgio Carew quod sint coram nobis in Cancellar ' nostra predict ' in quindena Pasche prox ' futur ' ubicunque tunc suerit ad ostendend ' si quid pro se habeant vel dicere sciant quare dictae Leterae Patentes sic ut prefertur eisdem Edmundo Turnor Georgio Carew confect ' ac Irrotulamen ' eorundem occasionibus predictis cancellari evacuari damnari ac frustari ac nobis in Cancellar ' nostram predict ' restitui ibidem cancelland non debeant ad faciend ' ulterius recipiend ' quod dicta Cur ' nostra consideravit in hac parte habeas ibi nomina illorum per quos eis scire feceris hoc breve Teste meipsos apud Westm ' duodecimo die Februarii Anno regni nostri tricesimo tertio Grimston Pengry Virtute istius brevis mihi direct ' per Samuelem Packer Samuelem Gardiner probos legales homines de Balliva mea scire feci infra nominat ' Edmundo Turnor Georgio Carew quod sint coram Domino Rege infra script ' ad diem locum infra content ' ad ostended c. prout interius mihi precipitur Respons ' Slingsby Bethel Ar ' Vic' Henr ' Cornish Ar ' Vic' The Plea to the Scire Facias Pyndar ET predictus Edmundus Turnor Georgius Carew per Matheum Pyndar Ar ' Attorn ' suum ven ' defend ' vim injur ' quando 〈◊〉 pet ' Audit Irrotulament ' Literarum Patent in brevi de Scirifas ' predict ' mentionat eis Legitur in haec verba Charles the second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To all Christian People to whom these Presents shall come Greeting Whereas our loving Subject William Courten Esq Deceased and his Partners in the year of our Lord one thousand six hundred fourty and three by the Depredation and Hostile Act of one Geland Commander in chief of two Ships belonging to the East-India Company of the Netherlands was between Goa and Maccao in the Straights of Malacca deprived and most injuriously spoiled of a certain Ship named the Bona Esperanza and of her Tackle Apparel and Furniture and all the Goods and Lading in her upon a very hopeful Trading Voyage to China which were carried to Battavia and there all de facto without due Process of Law Confiscated And that also in the said year another Laden Ship of Our said Subject called the Bona Henry Adventura being come on ground on the Island Mauritius was there both Ship and Goods seized upon by some of the Officers and Ministers and others under the command of the said East-India Company and utterly detained from the right Owners And whereas the said William Courten and his Assigns in his life time used all possible indeavours to recover the said Ships and Goods and to procure further Justice against the Malefactors and yet could obtain no Restitution or Satisfaction whereby they became to be much Distressed and utterly undone in their Estate and Credit And that thereupon and upon the most humble Supplication and Addresses of Francis Earl of Shrewsbury and William Courten Esq Son and Heir of the said William Deceased Sir Iohn Ayton and Sir Edmond Turnor Knights George Carew and Charles Whitaker Esquires on the behalf of themselves and divers others Interessed in the said two Ships Bona Esperanza and Henry Bona