the West-Indies wherein he had raised a vast Estate His Lands in the year 1633. being of the value of 6500 l. per annum besides a Personal of 128000 l. Sterling at which time he had a vast Credit which afterward he Ingaged in the East-India Expeditions as aforesaid and Died infinitely in Debt upon that account It would swell a Volume to a vast Magnitude to write all the Passages and Transactions of the Lives and Deaths of Sir William Courten and Sir Paul Pyndar Wherefore I give you here Abstracts of their Last Wills and Testaments Registred in the Prerogative Court whereby you may make a conjectuâ—e of what Misfortunes their Estates fell under after their Lives there being not a Foot of Land left in England nor any considerable Personal Estate to their Heirs Executors and Administrators out of those two large Inheritances and Possessions which they were once Masters of in the Kingdom of England An Abstract of Sir William Courtens's Last Will and Testament Dated 22. Maii 1636. who died in June following Imprimis I Will that 64 Gowns being the number of the Years of my Age may be bestowed upon so many poor men As to my worldly Estate viz. all my Manors Lands c I leave them wholly to descend to my Son William Courten and his Heirs except the Manor of Wingham Barton alià s Barton Wingham in Com Kent and all other Mâ—ssuages c. and other things granted by King Iames to Sir Tho. Harfleet Sir Edward Boyes the Elder Knt. Edward Hadds Chr. Mann William Alcock Esq and Walter Drury Gent. and their Heirs by Letters Patents under the great Seal of England dated at Westminster the 3 of Ianuary in the 11 th year of his Reign and except such part thereof as the said Patentees were intrusted with for Sir Dudley Diggs Knt. which Mannor of Barton Wingham alià s Wingham Barton and other the premisses are settled upon my daughter Mâ—ry Courten and her Heirs Item I give and bequeath to my loving Daughter Dame Hester Littleton Wife of Sir Edward Littleton Baronet 4000 l. and to each of her children living at my decease 100 l. a piece To my daughter Anne Devereux Wife of Essex Devereux Esq 1000 l. Also to my said Daughter Mary for her better preferment 2000 l. To my Sons in Law Sir Edward Littleton Baronet and Essex Devereux Esq each of them a Diamond Ring seal'd up in a Box and their Names on the Boxes To my Daughter in Law the Lady Catharine Courten my said Sons Wife A Jewel of Diamonds sealed up in a Box with my Seal at Armes and her name written thereon To my Sister Margaret Monâ—y one Diamond Ring seal'd up in a Box with my Seal at Arms and directed to her To Mr. Peter Boudaen my Nephew and to his Wife a Ring and a Jewel To Mr. Iames Pergens Merchant a Ring To Mr. Iames Casere Merchant and to his Sister Mrs. Andrews to each of them 50 l. To Mr. Iooes and Iohn de Batts Merchants 50 l. Flemish to each of them To Mr. Iohn Casteele Merchant 50 l. Sterling To Fisher Littleton Esq I acquit him of the Debts he owes me To his Brother William Littleton 25 l. To Mr. Iames Tryon 100 Marks To Mary Casere daughter to Mr. Iohn Casere aforesaid 20 l. To my Book-keeper or Accomptant David Goubard 100. l. and 50 l. per Annum so long as he continues with my son William Courten To my servant Samuel Bonnei 50 l. per Annum so long as he continues with my son William Courten To Mr. Iohn Moone 10 l. To my servant Allen Edmondson 10 l. To my servant Iohn White 25 l. To my servants Geo. Iackson and Will. Gorley 15 l. a piece To my servants Sampson Iackson and Iohn Standford Toby Bonnet Abraham Gorley Moses Gorley and Peter Vandam to each of them 10 l. To my servant Thomas Gent 20 l. and for term of his life certain Acres of Land lying in the Manor of Totnam High Cross in Com. Middlesex To my servant Michael Hunt 15 l. and for term of his life 20 l. yearly to be settled upon some Lands which should be charged therewith To my servant Andrew Symonds and William Curtis to each 3 l. To Iohn Prince 40 s. and to Thomas Davies the boy 20 Nobles To Mrs. Iudith Folliot a Ring To Tabitha Wingfield 20 l. To Susan Pear 40 l. To Margaret Moore 20 l. To Elizabeth Kendall 5 l. To my said Sons servants viz to Edward Roberts 5 l. To Elizabeth Fowler 5 l. To William Oswel 10 l. To Humphry Baker 20 Nobles And to the rest of his servants in and about the House to each of them 40 s. Towards the reparation of St. Pauls Church in London over and above what I have given and delivered to that use 500 Marks To Christs-Church-Hospital and St. Thomas Hospital 100 l. a piece To the Ministers of St. Gabriel Fauchurâ—h by name Mr. Palmer and Mr Saxby to each of them 20 l. and to the poor of the said Parish 30 l. To the Minister of St. Andrew Hubbard where I desire to be buried 5 l. And to the poor of the same Parish 10 l. To the poor of the Dutch Congregations in London 50 l. And to and amongst the younger Students maintained abroad at Universities by the said Congregation 20 l. To the Poor of St. Mary-hill in London 15 l. To Monsieur Marmott Preacher of the French Congregation in London 20 l. And to the Poor of that Congregation 20 l. To the Poor of the Dutch and French Congregation in Norwich Colchester Sandwich Canterbury Maidstone and Yarmouth to each of them 10 l. To the Poor of the several Parishes of Laxston and Kneesall in the County of Nottingham St. Nicholas Atwade in the Isle of Thaunet and County of Kent and to the Poor of the Parish of Westham in the County of Essex to each Parish 10 l. To the Right Honourable Iohn Earl of Bridgewater a Ring To my respected Friends Mr. Endymion Porter Mr. Iames Maxwell and Mr. Henry Murray of His Majesties Bed-chamber to each a Ring and to Mrs. Iane Murray a Ring To Edward Nicholas Esq one of the Clerks of His Majesties most honourable privy Councell a Ring To Nicholas Pay Esq one of the Kings Majesties Clerks of His Kitchen a Ring To Mr. Daniel and Mr. Eliab Harvey Merchants to each a Ring To Mr. William Curtins a Ring To Mr. Anthony Low Councellor at Law a Ring And to Mr. Iohn Rushont and to Mr. Tho. Kynaston Merchants each a Ring To Mr. Garret Collent Mr. Nathaniel Andrews Mr. Leonard Houtman Mr. William Boâ—t Mr. Nathaniel Mountney Merchants to each of them a Ring of the Value of 5 Marks a plece To Capt. Iohn Weddell Capt. Robert Moulton and to every Capt. and Master of all and every my Ships and Pynaces or of any Ships whereof I have any part a Gold Ring of the value of 3 l. To each and every the children of William Darkin or
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
out of the Goods Exported from the Island of Barbadoes and the Caribbee-Islands and the Lands that are Escheated to the Crown within those Islands unto the Proposers or such others as they shall nominate and their Heirs for ever towards satisfaction of the Original Right and Propriety of Sir William Courten in the Barbadoes and also of the said great Loss and Damages sustained by the Proposers and other Proprietors and Interessed in the Ships Bona Esperanza and Henry Bona Adventura and the Factories settled by Sir William Courten and his Partners by the Dutch Depredations That then the said William Courten and George Carew unto whom Sir William Courten's Title and Interest in the Barbadoes is legally come Will by any Lawful Act and Deed Ratify and Confirm the Estates and Possessions of the present Planters there And also deliver up the said Letter Patents for Reprizal against the States General and their Subjects into the Hands of Your Majesty to be disposed of as Your Majesty shall think fit NEvertheless it is most humbly prayed that for the more Effectual Relief of the Creditors of Sir William and his Son and Sir Paul Pyndar respectively according to their several Interests and Capacities That Your Majesty would be most Graciously pleased to use all effectual means with the States of Holland and Zeland for obtaining Satisfaction from the said Iacob Pergens and the Heirs and Executors of Peter Bâ—udaen and David Goubart for the aforesaid Sums of Money which do not in any sort relate to the said Letters of Reprizals And lastly that Your Mjesty will be pleased to give Directions to the Lords Commissioners of the Treasury for an Effectual proceeding upon the said Petition and Reference concerning the Fines and Compositions of Papists depending before the Lords Commissioners of the Treasury as aforesaid The Conclusion THe Petitions mentioned in the Preface concerning the Barbadoes and Products thereof the Dutch Depredations Debts of the Crown and particular Demands from several persons Inhabitants in Holland and Zeland being all Contracted into the Proposals aforesaid there needs no Recitals of them at large especially since they were reduced into Orders of the Councel-Board Dated the 24 th of Iuly 1677. and other References from the King to the Principal Ministers of State for Releif of the Respective Petitioners who humbly present this Epitome to some few and proper Hands The Old Maxime in the Law of England is That the King can do no wrong From whence the Demonstration is very plain and obvious that the Officers and Ministers of the Crown have not only been wanting to the King and His Subjects in the due Administration of Justice but have Exposed the Honour and Interest of the Kingdom to Reproach in Foreign Nations where once the Government of England had the Glory and Reputation above all Soveraignties in the World for Executing Righteous Judgment and Equity The Law being a tender point and Property the same ought to be warily and circumspectly handled Wherefore he that voucheth any thing for Truth that is False upon Record in Cases of this Nature ought to suffer the greatest punishment imaginable for that not only the Judicature but the Pollicy and Prudence of a Nation are all called into question from one Generation to another Upon the Agreement in the Treaty between the King of England and the States-General so Solemnly made at London in the year 1662. the Spoils concerning the Ships Bona Esperanza and Henry Bona Adventura were to be intirely Satisfied and Repaired with the Restitution of Polleroon Whereupon the said George Carew putting great Confidence in the said Stipulation Satisfied and pay'd the persons mentioned in his Plea to the Scire Facias aforesaid by Sale of his Land in Worcester-shire to Mr. Thomas Foley for 3800 l. and Mortgaged his other Estate in London and Richmond for the further Prosecution of his Right whereby he hath pay'd Interest 13 years last past and now the remainder of his Estate being like to be Torn in pieces by Sir Iames Butler and the said Thomas Coleman for 4680 l. due upon the said Mortgages respectively after great Fines formerly Exacted by Lords of the Manor and their Agents in the said Carew's Absence for non-payment of Interest at the days certain Notwithstanding all the Advantages made by some persons out of the vast Sums of Money given by the Commons in Parliament for Protection of the Subjects in maintaining the Wars against Holland the Effects whereof applicable to Carew were Assigned to Strangers While other Creditors of a different nature were calling upon him in his quality as Administrator for Debts amounting unto two hundred and fourscore thousand Pounds Sterling ready Money Lent to Courten and Pyndar some now wanting Bread others Necessaries and Moneys all crying out that their Reparations are in Prospect by one means or other divers prompting on the Proposals others the Reprizals Under all those sad Circumstances aforesaid yet none of them despairing but that at last the Eyes and Ears of all persons in Power and Authority to do Justice and Equity will be open after all the Addresses made to His Majesty throughout the Land and His most Gracious answers thereunto to relieve the Injured and Oppressed according to the Rules of Law â—iat Iustitia ruat Coelum FINIS
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
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
of his Widow procreated by her second Husband to each child 5 l. To Mrs. Bridget Stephens I acquit the debt which her Husband or she owes and to every of them a Gold Ring of the value of 3 l. a piece All which Legacies and Bequests I desire should be delivered and paid with as much convenient speed as may be All the rest residue of my Estate as well as other personal Estate whatsoever my Debts and Legacies paid and Funeral performed I give to my Loving and dearly beloved Son William Courten whom I make and ordain sole Executor Memorandum That the Rings and Iewels which are mentioned herein without values amounted to the sum of seven thousand five hundred Pounds Sir William Courten having the Diamonds ready by him in his House inter alia at the time of his Death An Abstract of Sir Paul Pyndar's Last Will and Testament Dated the 24th Day of June 1646. who died in the year 1650. Imprimis I give ONe third part of my whole Estate unto and amongst the Children of my Nephew Paul Pyndar deceased to be divided amongst them that is to say one half of that third part to Paul his Eldest Son and the other half of that third part to Ralph Pyndar and Mary Pyndar to be divided equally and paid at their Ages of 21 years or Marriage And in case of death to the Survivor the other full third part to my Kinsman William Toomes And the last third part for payment of such Legacies as are expressed in the Schedule annexed and the Overplus thereof to be disposed by my Executors and Overseers to such charitable uses as are mentioned therein And make William Toomes and Matthew Pyndar Executors The Legacies to be paid out of the said third Part of the Estate viz. To my Neece Elizabeth Speight Widow and her children 2000 l. To my Neece Anne Graves and her children 2000 To my Neece Dorothy Bampford and her children 1000 To my Neece Anne Cock Widow and her Daughter Hart 0500 To my Neece Iudith Batchellor Widow 0300 To Lawrence Speight 1000 To Emmanuel Michael and his children 1000 To my Kinswoman Susan Pyndar 1000 To my Friend Anthony Withers 0300 To the two Sons of my Friend Mr. William Turnor deceased 0400 All which Legacies do amount to the Sume of 9500 l. And whatever shall amount unto more than the said Legacies out of the last third part I appâ—olut to be disposed to good uses by my Executors to be divided into seven parts viz To Christ's Church Hospital in London one seventh part To St. Bartholomew Hospital in London one seventh part To St. Thomas Hospital in Southwarke one seventh part To Bridewell and Bethlehem in London one seventh part To the Prisons in and about London one seventh part To St. Botolph without Bishopsgate one seventh part To the Town of Wellingbrough where I was born one seventh part A short Narrative of the Life and Death of Sir Paul Pyndar That Sir Paul Pyndars Estate in the Year 1639 was valued and cast up by Sir Pauls appointment which then amounted to 236000 l. Sterling besides desperate Debts and that two parts of the same was then imbarqued with the King upon several assignments out of divers branches of the Revenue towards the ordinary charge of the Crown the greatest part whereof remaines at this time unsatisfied being charged upon the collections of the late Earl of Strafford out of the Fines and Compositions of Popish Recusants Estates in the Northern Countles the Allom-Farm Sugar-Farm pretermitted Customes and several Charges upon the Soap-Boylers and Dyars Companies and other persons as by the several Records thereof inrolled in Chancery appears Sir Paul Pyndar was born at Wellingbrough in the County of Northampton bred up at school there until the age of sixteen years then put forth by his Father to be an Apprentice to Mr. Parvish an Italian Merchant who sent him as his Factor at 18. years old to Venice where he resided several years and had divers Commissions from several Nations At his return for England the Turkey Company having received many kind Offices and Advertisements of Trade in his transactions abroad and knowing him to be well learned in the Italian Turkish Languages made their applications to King Iames in the year 1611. that his Majesty would be pleased at the said Companies Request to send him Embassador to the Grand Seignior at Constantinople where he resided for the space of Eleven years and upwards to the great satisfaction of the King and the Turkey Company by his improving the Levant Trade Soon after his return in the year 1623. King Iames having Knighted him offered him as a Reward of his Services to make him his Lieutenant of the Tower which Sir Paul humbly refused and the rather in regard his Majesty desired to purchase Sir Pauls Diamond Jewel of Thirty Thousand Pound value upon Credit that he brought home from Turkey which he lent King Iames to wear at divers times on days of great solâ—mnity on opening of Parliaments and Audiences given to Foreign Ambassadors Which afterwards was sold to King Charles the first In regard there was an Imbargo upon that Jewel against any Transportation and other Jewels of the Crown which are not paid for to this day The Allome Farm and other Branches of the Revenue Assigned for satisfaction being diverted to other uses King Charles the first made him one of the Farmers of his Customs in company with Sir Iohn Wolstenholme Sir Abraham Dawes and others who by Covenants in their contract gave exact yearly Accounts of their Profits whereby that Branch of the Revenue was exactly known to the end that the Farmers Gaines were not to be exorbitant to the prejudice of the Crown or the damage of the Subjects Sir Paul Pyndar having in his Life-time given ten thousand Pounds towards the repair of St. Pauls Church dyed in the year 1650. much lamented of the Poor who wanted not his charity all his life time William Toomes made Probate of his Will and took upon him the sole Execution thereof and dyed a Felo de se in the Year 1655 having wasted most of the Estate and paid none of the Debts or Legacies Then Administration with the Will annexed being granted to Sir William Powel alià s Hinson Baronet he got only the Sum of 500 l. from Iames Earl of Northampton Son and Heir and Executor of Spencer Earl of Northampton in part of a Debt of 2000 l. due from the said Earl Spencer and Sir Henry Compton his Brother to the Estate of Sir Paul Pyndar The remainder of the said Debt being yet owing and standing out upon bond The Sones and Heirs of both the Obligors who enjoy their Fathers Lands refusing to pay the said Debt which their Ancestors contracted in the year 1639. being ready Money lent them at Interest for their necessary occasions and suffer themselves to be sued at Law for the same while others want their bread that they eat Afterwards