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.

Its 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 [Page] 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 Part [...]ers (as i [...] most enterprises for the publick good) [...] great Difficulties, Losses and Damages, after they had settled several Fact [...] in places of Strength, and Se [...]urity, at their vast Expence and Charges, upon hopes of Protection from the Crown of England; which pr [...]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 i [...] all their Ships the same Colours commonly called the Iack o [...] English Fl [...]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 thē 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 a [...]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 [Page 2] 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 [...]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.

[Page 3] 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.
  • [Page 4] 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.

[Page 5]

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 should receive directions how to proceed in the matter: And whereas the said Letters of Marque or Reprizal, have not only been vacated by a Treaty of Peace made at Breda in the year one thousand six hundred sixty seven betwen Us and the States General; But also superseded lately in due form under our Great Seal of England, and since so declared by our Proclamation, dated the six and twentieth day of August last: We haue thereupon amongst other things, the fifteenth instant, by and with Assent of our Privy Councel, ordered that our Trusty and welbeloved Sir Robert Holmes Knight, Governour and Vice-Admiral of our said Island, should cause the said Compton Gwyther, and such of his Crew as are now in Custody, to be brought up and delivered to our said Marshal of our said Court of Admiralty, that they may be legally proceeded against as Pyrats: These are therefore straightly to Charge and Command you, that you forthwith receive and take into your Custody the Bodies of the said Compton Gwyther and his Company, and them, and every of them safely Conduct to our said Marshal of the said High Court of Admiralty; whom we hereby straightly Charge and Command to receive and take into his Custody, and him, and them in such Custody safely to detain and keep, until they shall thence by due Course and Order of our said Court of Admiralty, be Delivered and set at Large: And for so doing, this shall be your sufficient Warrant, Dated under Seal of our said Vice-Admiral, the three and twentieth of December, in the two and thirtieth year of our Reigne, &c.

To Mr. Daniel Gyles Marshal of the Vice Admiralty of Hampshire.

John Bowles Register.

This is a true Copy of the Warrant, whereby I did on the first of this Month of Ja­nuary receive into my Custody from the forementioned Mr. Daniel Giles the Bodies of Captain Compton Gwyther, William Coats, Joseph Bullivant, John Baxter, Francis Wansell, Francis Martin. John Gibson, and William Jones, now Prisoners in the Marshal [...]eas, Witness my Hand the 5 th. of January, 1680.

William Joynes.

Carolus secundus dei gratia Angliae, Scotiae, Franciae & Hiberniae Rex Fidei Defensor, &c. Gulielmo Ioynes gen' Supremae Curiae nostrae Admiralitatis Angl' Marescal ejusque Deputato cuicunque, ac omnibus aliis Officiariis & Ministris nostris & corum militibus salutem; vobis conjunctim & divisim Committimus ac firmiter injungendo Mandamus strictéque precipimus quatenus non omittatis propter aliquod libertatem vel Francheiss, quin realiter Arrestatis seu Arrestari faciatis (ubicunque invenientis) quosdam Capitaneum Compton Gwyther, Gu­lielmum Coates, Iosephum Bullivant, Iohannens Baxter, Franciscum Wansell, Franciscum Martin, Iohannem Gib­son & Gulielmum Iones & eorum Complices fautores & Socios pro Nantis in Navicula quadam sive Hoy à Angl' à Hoy (cujus dictus Compton Gwyther est Capitanens) se gerentis Piraticae suspectos Actae scilicet & perpetratae super qua­dam Navicula sive Galliotta vocat' the Love de Rotterdamo (cujus Bastiansen Iohnson Denhinc est Magister) Ad Williemum Bastiansen subditum Dominor' ordinum Generalium Foederatraum Belgii Provinciarum spectan' & per­tinen' è Portu de Burdegaliâ in Regno Franciae versus Portum de Dodraco in Hollandia cum bon [...]s & Mercibus pro Computo quorundam Mercatorum de Dordrato predict' subditorum Dominor' Ordinum pred' vel Incolarum Pro­vinciarum uniti Belgii tendenum: sed in Cursu suo mense Decembris ultimo preterit' super alto mari dum erat in pace Dei optimi maximi & nostra predict' Capitaneum Compton Gwyther & socios Piratice spoliata (uti sub jura­ment' in debita Juris forma prestit' asleritur) & in Insula nostra vectis Modo existen' dictosque Capitaneum Compton Gwyther, Gulielmum Coats, Iosephum Bullivant, Iohannem Baxter, Franciscum Wansell, Franciscum Martin, Iohannem, Gibson & Wilielmum Iones & corum Complices sub sul [...] & securo Custodiatis seu Custodiri faclatis arresto super Piratici Criminis predict' suspitione donec & quousque corum corpora habeantur coram no­bis & Justiciariis nostris Admiralitatis Angliae predict' ad omnia & singula Proditiones Felonias, Murdra, Homicidia, Piratices Depredationes & alia offensa & delicta Maritima quaecunque audiend' & terminand' assign' prox' Sessione Generali pro nobis, & Admiralitate nostra pred' in Burgo de Southwark in Comitat' nostra Surriae tenend' His quae ex parte nostri cum venerint objicienter personaliter respo [...]sur' ulteriusque factur' & receptur' quod justum fuerit in hac parte Mandantes in super omnibus & singulis proceribus Justiciariis ad pacem, Majoribus, vici Comitibus Ballivis Marescallis aliisque Officiciariis & Ministris nostris quibuscunque quodivobis & verum cujuslibet in Execu­tione praemissorum sint Auxiliantes, in tendent' faven [...]es, pariter & obedientes, in omnibus & per omnia prout decet, sub paena Juris & periculo incumben [...] Dat' Londim in Curia nostra predict' sub sigillo ejusdem magno quinto die Menfi [...] Ianuarii Anno Domini (Stylo Angl') 1680. Reginque nostri Tricesimo secundo.

Orlando Gee Regist.

THis is a true Copy of the Warrant under the great Seal of the Admiralty, which I received after Examination of some Witnesses here upon Oath.

William Joynes Marshal of the High Court of Admiralty.

[Page 6]THe Captain and Seamen being so Committed to Prison, and Irons put upon them, Sir Lyonel Jenkins, at the instance of the Dutch Ambassador, ordered Mr. Bedford to bind the Dutch Skipper in a Recoganizance of 500 l. to prosecute them as Felons and Pyrats, upon the Statute of the 28 of Henry the 8 th. Whereupon the Commission of Oyer and [...]erminer was Granted under the Great Seal of England, directed to the persons hereafter named for Trying of Criminals in the Admiralty dated 24 January 1680.

The Names and Titles of the Judges in the said Commission of Oyer and Terminer.
  • PRocharissimo Consanguineo & Concilar' no­stro Principi Ruperto Comiti Palatini Rhe­ni duci & Cambrie &c. Vice Admiralla no­str' Angl'.
  • Predilect [...] & fideli Conciliar no­str' Daniel Finch Ar'. Comissariis nostris ad exe­quend & ex­ercend' dict' Officium & lo­cum Domini magni Admi­rali Angl' Re­spective As­signat' & De­putat'
  • Charissimo Consanguineo no­stro Willielmo Vice Comiti Brunchard, Comissariis nostris ad exe­quend & ex­ercend' dict' Officium & lo­cum Domini magni Admi­rali Angl' Re­spective As­signat' & De­putat'
  • Prelectis & fidelibus nostris Thomae Littleton Baronetto. Comissariis nostris ad exe­quend & ex­ercend' dict' Officium & lo­cum Domini magni Admi­rali Angl' Re­spective As­signat' & De­putat'
  • Thomae Meres Militi. Comissariis nostris ad exe­quend & ex­ercend' dict' Officium & lo­cum Domini magni Admi­rali Angl' Re­spective As­signat' & De­putat'
  • Et 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 res [...]tive Magistris.
  • Tymotheo Baldwin Mil' Cancellari no­stri res [...]tive Magistris.
  • Edwardo Lowe Mil' Cancellari no­stri res [...]tive Magistris.
  • Samueli Clerke Mil' Cancellari no­stri res [...]tive Magistris.
  • Willielmo Cooke Mil' Cancellari no­stri res [...]tive Magistris.
  • Adamo Oatley Mil' Cancellari no­stri res [...]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.
  • Henric [...] Falconberge Legum respecti­ve Doctoribus.
  • Thomae Pinfold Legum respecti­ve Doctoribus.
  • Richardo Raynes Legum respecti­ve Doctoribus.
  • Willielmo Oldiis Legum respecti­ve Doctoribus.
  • Carolo Perrot Legum respecti­ve Doctoribus.
  • [Page 7]Roberto Thompson Legum respecti­ve Doctoribus.
  • Iohanni Edisbury Legum respecti­ve Doctoribus.
  • Carol [...] Hedges Legum respecti­ve Doctoribus.
  • Stephano Brick Legum respecti­ve Doctoribus.
  • Iohanni Brisba [...]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 18 th. 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 Provis [...]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, Ca [...]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.

[Page 8]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 a [...] 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 sayi [...]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 retur [...]d to Carew accordingly.

But before Easter Term, a Scire Fac [...]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 qu [...]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.

[Page 9]

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' pers [...]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 m [...]net' & Merchandiz. eorund. Statuum General' & subditor' suorum infra ali­qua Dominia & Territor' sua quecun (que) 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 Bredam [...] 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 [...]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 Feb [...]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 int' 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 da [...]' sit nobis intelligi quod quamvis ratione premissorum predictorum litere Panten' sic ut prefertur [...]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 int' 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 [Page 10] 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.

PyndarET 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 Adventura, and in the Estates of the said William Courten De­ceased, Sir Edward Littleton Baronet, and Sir Paul Pyndar Knight Deceased, that We would take their Case into Our Princely consideration. We out of the just sense We then had, and still have of their unjust Sufferings in that business, both by Our own Letters un­der our Sign Manual to the States General of the Vnited Provinces, and by Sir George Downing Knight and Baronet, Our Envoy Extraordinary, to whom We gave Especial Command so to do, required satisfaction to be made according to the Rules of Justice, and the Amity and good Correspondence, which We then desired to conserve with them firm and Inviol­able. And whereas after several Addresses made to the said States General by Our said Envoy, and nothing granted effectual for relief of Our said Subjects, (whom We take Our selves, in Honour and Justice, concerned to be satisfied and repaired) We lately com­manded the said Sir George Downing to intimate and signify to the said States, that We ex­pected their final Answer, concerning satisfaction to be made for the said Ships and Goods by a time then prefixed, and since elapsed, that We might so govern Our selves thereupon, that Our aforesaid Subjects might be Relieved according to Right and Justice: And yet no Satisfactory Answer hath been given, so that We cannot but apprehend it to be, not only a fruitless endeavour, but a prostituting of Our Honour and Dignity, to make fur­ther Application, after so many Denials and Slightings. And whereas Iohn Exton, Doctor of Laws, Judge of Our High Court of Admiralty of England, upon Our Command, to cer­tify to Us the value of the Losses, and Damages sustained by the said William Courten and Partners, whose Interest is now vested in Our loving Subjects, Sir Edmond Turnor Knt. [Page 11] and George Carew Esq and Partners, hath upon full Examination and Proofs thereof made by Witnesses in Our High Court of Admiralty, Reported and Certified under his Hand, that the same do amount to the sum of one Hundred fifty one thousand six hun­dred and twelve Pounds.

Now know ye, That for a full Restitntion to be made to them for their Ships, Goods and Merchandizes; of which the said William Courten, and the Assigns of the said William Courten and Partners, were so Despoiled as aforesaid, with all such Costs and Charges, as they shall be at for recovery of the same: We by Advice of our Privy Council have thought fit, and by these Presents do Grant License and Authority under Our Great Seal of England, unto Our said Subjects Sir Edmond Turnor and George Carew, their Executors, Administrators and Assigns▪ for and on the behalf of themselves, and other persons Interessed as aforesaid, to Equip, Victual, Furnish, and set to Sea from time to time, such and so many Ships and Pinaces as they shall think fit: Provided always that there be an Entry made and Recorded in the Admiralty-Court of the Names of all Ships and Vessels, and of their Burthen and Ammunition, and for how long time they are Victualled: And also of the Name of the Commander thereof, before the same, or any of them be set forth to Sea; And with the said Ships and Pinaces by Force of Arms to set upon, take and apprehend any of the Ships, Goods, Moneys and Merchandizes of the said States General or of any of their Subjects, inhabiting within any their Domi­nions or Territories whatsoever, of any particular Estate within those Provinces, and the Inhabitants thereof; wheresoever the same shall be found, and not in any Port or Harbour of England or Ireland, unless it be the Ships and Goods of the Parties that did the wrong. And the said Ships, Goods, Moneys and Merchandizes, being so taken and brought in­to some Port of Our Realms or Dominions, an Inventory thereof shall be taken by Au­thority of Our Court of Admiralty, and Judgment shall be given in Our Court of Admi­ralty by the Judge or Judges thereof, for the time being, upon Proof made before him, or them, that the same Ships, Goods, Wares, Merchandizes, or Money, did belong to the States General, or any of their Subjects as aforesaid. That they shall be lawful Prize to the said Sir Edmond Turnor and George Carew, their Executors, Administrators and Assigns as aforesaid, to keep and retain in their or any of their Possession, and to make Sale, and dispose thereof in open Market or howsoever else, to their and every of their best Advantage and Benefit, in as ample manner, as at any time heretofore hath been ac­customed by way of Reprizal, and to have and enjoy the same as lawful Prize, and as their own proper Goods: ‘So that neither the Captain, Master, nor any of the Company, that shall serve in his own person, or shall promote and advance the said enterprize in manner and form aforesaid shall, in any manner of wise be Reputed or Challenged for any Offender against any of Our Laws. And that also it shall be lawful for all manner of per­sons, as well Our Subjects, as any other, to buy the said Ships, Goods and Merchandizes so taken, and apprehended by the said Captains, Masters and others, and adjudged as afore­said, without any Damage, Loss, Hindrance, Trouble, Molestation, or Incumbrance, to befall the said Buyers, or any of them, in as ample and lawful manner, as if the said Ships, Goods, Wares and Merchandize, had been come and gotten by the lawful Traffique of Merchants, or of just Prizes in the time of open War.’ Provided always, that all Ships, Goods, and Merchandize, taken by virtue of this Our Commission shall be kept in safety, and no part of them spoiled, wasted or diminished, nor the Bulk thereof broken, until Judgment have first past as aforesaid, that they are the Ships and Merchandizes of the States General, or some of their Subjects as aforesaid. And if by colour of this Our Commission, there shall be taken any Ships, Goods, or Merchandizes of any of Our loving Subjects, or the Subjects of any Prince, or State in good League, or Amity with Us ( except the States General) or their Subjects as aforesaid, and the Goods therein Laden, Sold Embezled or Diminished, or the Bulk thereof broken in any Place, before they shall be adjudged to be­long to the said States General, or to some of their Subjects as aforesaid; that then this Com­mission shall be of no sufficient Authority to take the said Ships, Goods, and Merchandizes, or to warrant, and save harmeless such as shall Receive, Buy or Intermedle therein; but that both the Prizes so taken, and the said Ship of War, shall be confiscated to Our use. ‘And further, We do hereby declare that it is Our Will and Pleasure, that this Our Com­mission shall remain in full Force and Power, to all intents and purposes, until the said Sir Edmond Turnor and George Carew, their Executors, Administrators and Assigns, as aforesaid, shall by vertue thereof have by Force of Arms Apprehended, Taken, Seized, [Page 12] Recovered and Received from the said States General, or their Subjects, one hundred fifty one thousand six hundred and twelve Pounds, according to Appraisement to be made by sufficient Appraisers upon Oath Nominated and Authorised in Our said Court of Ad­miralty, of all such Ships, Goods, Wares and Merchandizes, as shall be taken from the said States General, or any of their Subjects, by vertue of this Commission, or shall otherwise receive satisfaction of the Debt aforesaid, by Composition to be made between those of the East-India Company of the Netherlands, and the said Sir Edmond Turnor, and George Carew, their Executors, Administrators and Assigns aforesaid. ☞ Notwithstand­ing it may so happen, the present difference between Us, and the States General depending upon general Reprisals, may be agreed and composed, and that in the interim a Peace and good Correspondence may be renewed between us and the said States General:’ In which case nevertheless, it is Our Will and Pleasure, that in the execution of this Our Com­mission, no violence shall be done to the Persons of the said Subjects of the said States Ge­neral, but only in Case of Resistance, and that after in Cold Blood, the said Subjects of the said Sttates General, if hurt or wounded▪ shall be used with all convenient office of hu­manity and kindness. ‘☞ And Further Our Will and Pleasure is, that although it shall happen that all Hostility between Us and the States General, and Our respective Subjects shall cease, yet this Our Commission shall remain, and be in full Force and Power, to the said Sir Edmond Turnor and George Carew, their Executors, Administrators and Assigns as aforesaid, by vertue thereof to apprehend, take, and Seize by Force of Arms, so many more of the said Ships and Goods of the said States General, or any of their said Sub­jucts, as besides the said sum before mentioned shall countervail, satisfie, and pay all such Costs and Charges as the said Sir Edmond Turnor and George Garew, their Execu­tors, Administrators or Assigns, as aforesaid, shall from time to time make proof to have disbursed and paid towards the Equipping, Manning, Paying, Furnishing and Victualing of the said Ships, so Licensed and Authorised as aforesaid, by this Our said Commission to be Equipped, Manned, Pay'd, Furnished, and Victualled by the said Sir Ed­mond Turnor and George Carew, their Executors Administrators and Assigns, as foresaid, for the purpose aforesaid.’ And Our Will and Pleasure is, and We do hereby require Our Judge or Judges of Our High Court of Admiralty, for the time being, and all other Officers of the Admiralty, and all other Our Judge, or Judges, Officers, Ministers, and Subjects what­soever, to be Aiding and Assisting to the said Sir Edmond Turnor and George Carew, their Executors▪ Administrators and Assigns as aforesaid, in all points in the due Execution of this Our Royal Commission, and to proceed to Adjudication, and to Adjudge all Ships, Mer­chandizes, Moneys and Goods by vertue thereof to be taken and proved to belong to the said States General or any of their Subjects, to be lawful Prize to the said Sir Edmond Tur­nor and George Carew their Executors, Administrators or Assigns as aforesaid, according to Our Princely intention, hereby signified and expressed, and to take care that this Our Royal Commission be duely executed, and favourably Interpreted and Construed in all respects, to the benefit and best advantage of the said Sir Edmond Turnor and George Carew, their Executors, Administrators and Assigns, as aforesaid. In Witness whereof, We have caused these Our Letters to be made Patents. Witness Our self at Westminster the 19 day of May, in the 17 year of Our Reign, Per ipsum Regem. Quo lecto & Auditu udem Edmundus & Georgius dicunt quod Litere Paten? predict & eis sic ut prefertu [...] consect' ac Irrotulament' eorundem evacuari cancellari dampnar' ac frustrari ac dicto Domino Regi in Cancellar' suam predict' restitui ibidem Cancelland' non debent; Quia di­cunt quod Dominus Carolus primus nuper Rex Angl' per Literas suas Patentes sub magno sigillo suo Angl' geren' dat' apud Westm' pred' vicesimo die Decembris Anno reg [...]i sui undecimo Anno (que) Domini millesimo sextent [...]simo tricesimo quinto Et de Recordo hic in Cur' Cancellar' [...]rotulam' pro se & successori [...]s suis pro ration' & Consideration' in eisdem mentionat' & content' concessisset' licentiam potestat' & Authoritat' Ac etiam express' mandat' dedisset' Willielmo Courten nuper de London Mil' & participibus secuus associat' ad emittend' Anglice to set forth diversa Naves & Navicul' bon' & Merchandiz' comercia ad Goa & partes de Malabarr & Oras de China & Iapan in Indiis Oriental' ad inveniend' fortificand' & sese confirmand' Anglice settle in locis Covenien' pro Commerc' & Coloniis Quodque in prosecution' & execution' inde diversa factoria & Reposita­ria erect' & confirmat▪ fuer' prope Maritima Ora ad grand' expens' & sumpto predicti Willielmi Courten & perticip' apud Carrwarr Mac [...]ao & al' partes in Indiis Orien' & partibus Maritin' de China & Iapan pred [...] quodque dictus nuper Rex Carolus primus ex mero motu & gra' suis post [Page 13] mortem dicti Willielmi Courten Mil' Anno regni sui decimo tertio apud Westm' predict' per al' Li­teras suas Paten' sub magno sigillo suo Angl' quas iidem Edmundus & Georgius hic in cur' pro­ferunt concessisset & confirmasset dictas concession' cuidam Willielmo Courten Ar' fil' & hered' & soli executer' dicti Willielmi Courten Mil' & participibus suis contin' omnes recitationes Instructi­ones Navigia Anglice Shipping potestat' privileg' Authoritat' & benefic' in dictis Literis Paten' prementionat [...] pro incitament & profectu in Confirmatione & prosecutione Commercii pro spacio quatuordecim Annorum Commens' ab & post expiration' dict' Literar' Paten' ut presertur Et ulte­rius iidem Edmundus Turnor & Georgius Carew dicunt quod quidam Paulus Pindar nuper de London Mil' modo defunct' accomodasset eidem Willielmo Courten patri summ [...]m triginta & quinque Mille librarum legalis monete Angl' super primum expedition' & inceptum dicti Com­mercii ut prefertur, quequidem summa tempore mortis dicti Willielmi Courten Mil' in manibus ipsius Willielmi remansit, Et eidem Paulo omnino insolui' & insatisfact' fuit quodque dictus Wil­lielmus Courten fil' & perticipes sui Anno Domini Millessimo sextentesimo quadragesimo primo emisissent Anglice set out duas Naves scilicet unam vocut' Bona Esperanza & alteram vocat' Henry Bona adventura onerat' cum pecun' bonis & Merchandizis inter al' pro Indiis Oriental' & partibus transm [...]rin' pred ad manuteneud' Comer [...]' Anglice Intercourse of Trade, & supple­mentum factoriorum & Colon' pred' quodque septem partes peculii Anglice Stock & omnis Anglice Lading, in dictis Navibus vocat' Bona Esperanza & Henry Bona Adventura in oc [...]o Partes divi­dend' existen' propr' effecti' & interesse dicti Willielmi Courten fil' Idem Willielmus per quandam Indenturam suam sub manu & [...]igil' suis factam geren' dat' apud Westm' pred' vicesimo sexto die Aprilis Anno Domini Millisimo sexcentesimo quadragesimo secundo, quam quidem Indenturam [...]igillo ipsius Willielmi sigillat' iidem Edmundus & Georgius in Cur' proferunt' cujus dat' est eisdem die & Anno concessit assignavit transtulit & transmisit Anglice set over dictas Naves vocat' Bona Espe­ranza & Henry Bona Adventura inter al' simul cum tot' suis septem partibus pred' dictorum bon' & Merchandiz' in eisdem content' & profect' Anglice Proceed earundem cuidam Edwardo Little­ton de Pilleton Hall in Com' Staff' Baronet nuper defunct' ad conservand' & indempnem' prestand' eund' Edwardum Littleton a diversis obligat' & assumptionibus quas predict Edwardus Littleton intrasset Anglice entred in to pro debitis propriis pred' Willielmi Courten fil' & postea scilicet de­cimo nono die Decembris Anno regni dicti nuper Regis Caroli primi decimo octavo per indenturam suam sub sigill' suis factam quamquidem Indentur' sigill' ipsorum Edwardi Littleton & Willielmi Courten sigiltat iidem Edmundus & Georgius hic in Cur' proferunt cujus dat' est eisdem die & Anno ipsi predict' Edwardus Littleton & Willielmus Courten fil' absolute concesser' [...]ssignaver' transtuler' & transmiser' dictas Naves Bona Esperanza & Henry Bona Adventura cum oneribus & profect' eorundem prefact' Paulo Pindar pro & in satisfaction' & solution' vigint' & octo Mille & Quidringent' lib' Sterl' tunc remaneud' insolut' de predicti' triginta & quin (que) Mille libris ut presertur sub hac tamen Conditione quod superflu' Anglice the surplus super & ultra dict. summam vigint. & octo Mille & Quadringent. libr' & Interesse Anglice the Interest thereof solvi forit dicto Willielmo Courten fil' Executor' Administrator. seu Assign. suis Et iidem Edmun­dus Turnor & Georgius Carew ulteriu [...] di [...]unt quod postea scilicet die Anno Domini Millissimo sextentesimo Quadragesimo tertio per depredation' & hostilitat' & vim Armatam cujusdam Geland Gubernator Capital' Anglice Commander in Chief duarum Navium ad Societat' Ind' Oriental Provinciar' Belgii federator' Anglice to the East-India Company of the United Neterlands, & ol' subdit' statuum [...]ive Ordinum general' dictorum federatorum Belgii Provinciar' partium in Goa & Maccao pred' in Insula de Malacco in Indiis Oriental' pred' predict' N [...]vis vocat Bona Esperanza simul cum Armament' Anglice Amonition apparat' & ornat' suis ac omnibus bonis Merchandizis & oneribus Anglice Lading in eadam content' injuste & injuriose depredat' & spoliat' fuit, Quequidem Navis bon' & Merchandiz' pred' postea per dictum Geland & al' subdit' ordinum General' dictarum federatorum Belgiorum Provinciarum pred' ad Battaviam in partibus transmorinis Navigat' & transportat' fuit Anglice carried (eadem Batta­via in possessione & subditione dict' Stat' sive Ordinum tunc existen') Et dicta Navis ac bone & Merchandiz' pred' illicite & injuriose & sine aliquo processu legali contra voluntat. dict. perti [...]ipium & contra jus Gentium & leges hujus regni tunc & ibidem consiscat. vendit. & disposit' fuer. Quod (que) etiam die & Anno ult. mentionat. Altera Navis. predict. vocat. Henry Bona Adventura in litt' dis­cenden. Anglice coming on Ground prope Insul. Mauricii in partibus transmarin. unacum bon. Merchandiz. Armament ornat. et omnibus oneribus in eadem content. illicite et injuriose contra voluntat. dicti Willielmi Courten fil' et perticip. dicte Navis et contra jus Gentium et leges hujus regni Anglie per officiar. Minister. et al. subdit. dictor' ordin' general. federator. Belgii Provinciar. pred. spoliat. depredat. et. seisit. fuit et per Officiar Ministr. et. al: subdit, dictorum ordinum [Page 14] general. ad ipsorum propr. opus et usumconvers. suit. Et pred: Edmundus Turnor et Georgius Ca­rew ulterius dicunt, quod predictus Willielmus Courten fil' pred. legittimo modo Iurat. existen. super' Sacrum. suum declaravit Injurias sibi et perticipibus suis sic ut prefertur commiss. et fact. Ac etiam dictus Willielmus Courten fil. et participes sui in debita juris forma per Sacrum. proborum et legal. restim' in ca parte fide dignorum Iurat. probavit quod ipsi iidem Willielmus Courten et per­ticipes sui dictorum Stat. et Ordinum general. federat. Belgii Provinciar. apud Bataviam pred. in partibus transmarin. prosecut. suer. Malefactores predict. in modo ligittimo Quodque Communis Iustitia et satisfaction. pro depredation & spolieationibus pred' ipsi prefat' Willielmo Courten & participibus suis adtunc & ibidem omnino denegat' & interdict' fuissent contra jus Gentium & Leges hujus regni Anglie, postea pred' Willielmus Courten fil' (viz.) in & super vicesimum quintum diem Ianuarii Millissimo sextentesimo quinquagesimo quinto apud London in Parochia beatae Ma­rie de Arcubus in Warda de Cheape obiit intestat' post cujus mortem Administratio omnium & sin­gulorum bonorum & Catallorum Iurium & Creditorum que fuerent pred' Willielmi Courten Mil' tempore mortis sue per Williemi Courten fil' & Executor' dicti Willielmi Courten Mil' non Ad­ministrat' eidem Georgio Carew cum testamen' ejusdem Willielmi Courten Mil' annex' debito modo & forma Commiss' suit, Quodque etiam predict' Paulus Pindar postea scilicet quarto die Iunii Anno regni dicti nuper Regis Caroli primi vicesimo secundo apud London predict' in Paroch' & Warda Predict' Condidit Testament' et ult' voluntat' suam in scriptis et per [...]andem voluntat' constituit quendam Willielmi Toomes Executor, suum et postea videlicet die Anno Domini Millessim o sextentesims quinquagesimo apud London predict' in Parochia et Warda predict' obiit post cujus quidem mortem (viz.) Anno Domini Millessimo sextentesimo quinquagesimo quinto pred. Willielmus Toomes apud London predict' in Parochia et Warda predict' obiit, intestat. post cujus quidem mortem (vid.) vicesimo primo die Marcii Anno Domini Millessimo sextentesimo saxagesimo secundo apud London predict. Administratio omnium et singulorum bonorum Iurum et Creditorum dict. Pauli non Administrat. per dictum Willielmi Toomes cuidam Willielmo Powel Bar. cum Testamento ejusdem Pauli Pind [...]r annex. commissa fuit in debita juris forma Quodque postea predict' Georgins Carew solvit predicto Willielmo Powel Barronet' et Iohanni Whitfield Ar. et Henr. Soame gen' summam trium Mille librarum bone et legalis monete Anglie per predict' Paulum Pindar eidem Willielmo Powel et Edwardo Powel Milit. tempore mortis sue debit, et adtunc insolut. et in consideratione inde, idem Willielmus Powel dictam Administrationem pred. omnio apud London predictam in Parochia et Warda pre­dict' renunciavit post quam quidem renunciat' Administratio, omnium et singulorum bo­norum Iurium et Creditorum dicti Pauli Pindar per presat. Willielm' Powel Bar. non adtune ad­ministrat. prefat. Georgio Carew debito modo et forma ibidem Commissa fuit Quodque participes et proprietarii octave partis resid. peculii & oneris [...]n dict. Navibus vocat. Bona Esperanza & Henry Bona Adventura fiduciam habentes in predicto Edmundo Turnor eundem Edmundum Turnor nomi­naver. appuntuaver. et Constituer. Attornat. et Commissionar. suum ad prosequend. & recuperand' pred. jus et interesse pred. perticip' et proprietat. Et. sic iidem Edmundus et Georgius modo ut prefertur respective intitulat inde existen. postea scilicet vicesimo tertio die Aprilis Anno regni dict' Domini Regis nunc decimo nono apud Paroch' S. Martini in Campis in Com. Midd. iidem. Edmundus Turnor et Georgius Carew simulcum quibusdam prehonerabil. Francisco nuper Com. Shrewsbury Willielmo Courten Ar. fil et hered. Willielmi Courten fil. et Executor. Willielmi Courten Mil. Iohanni Ayten Mil. et Carolo Whitaker Ar. person. Credit. et legatar clamant. interesse et satisfact. pro dictis In­juriis depredationibus et spoliationibus eisdem Navibus Bona Esperanza et Henry Bona Adven­tura sic ut prefertur fact. humillime supplicaver. et petier. illustrisimum Dominum Region nunc tam pro seipsis quam al. person' interesse habentibus et dampnificat. per pred. depredationem et spoliationem sic ut prefertur quod idem Dominus Rex nunc satisfaction. et restitution pro Injuriis predictis eis fieri causaret secundum legem super quod dictus Dominus Rex nunc postea scilicet eisdem die et Anno apud Parochiam S. Martini predict per Literas Requisitionum Anglice of Re­quest sub sigill. manual. suo facto in debita Iuris forma et direct. celsis ac prepotentibus Dominis Ordinibus general. federator. Belgii Provinciar. in quibus pred. depredationes et spoliationes sic fact. et Commiss. ut prefertur plene et perticulariter mentionat. existen. requisivit et postulavit sa­tisfact. fieri secundum regulas Iusticie Amicitie et bone Concordanc. Anglice Correspondence quas idem Rex tunc voluit et desideravit observare et conservare omnino firmit. et inviolabil. quequidem litere requisition. postea scilicet apud le Hagne in Parochia S. Martini pred. in Com. pred. [...]uidam Georgio Downing Mil. et Barr. ad [...]nne legat. extraordinar. dict' Domini Regis nunc eisdem ordi­nibus general. existen per special. mandat. dicti Domini Regit eisdem deliberrat fuit Et predictus Edmundus Turn [...]r et Georgius Carew ulterius dic. quod predictus Georgius Downing tunc ex [...]en. [Page 15] et contin. Legatum ut prefertur dictis ordin' general in prosecution dictarum litrarum requisition' frequenter solicitavit dict' ordinum general' sed tamen nullum efficax' et sussiciens relevin' pre­dict' Edmundo Turnor et Georgio Carew et al' person' cum eisdem interess' claman' obtineri po­tuisset super quo dict' Dominus Rex nunc accipion' et observend. quod predict. Dominus Rex tam honore et Iusticia quam secundum legem et Statut. hujus regni et de Communi Iure debuit efficere et Causare plenas satisfaction. et reparationes fieri prefat. Edmundo Turnor et Georgio Carew et al. person. interesse claman. ut prefertur postea apud le Hague pred. in Parochia S. Martini pred' & Com. pred' per special' mandat. & authoritat. sua prefat. Georgio Downing tuuc existen. legat. dicti Domini Regis prefat. Ordinibus general. federator. Belgii provinciar. direct. mandavit & authorizavit ipsum pred. Georgium Downing ad requirend. publice final. respons. dictorum ordinum general. pred pro & concern. satisfact. fore faciend. pro depredatione & spoliacon. sic illicite & in­juriose Commiss. nuper eisdem Navibus & bonis ut prefertur ad & infra certum tempus tunc men­tionat. & appuntuat. Et pred. Edmundus Turnor & Georgius Carew ulterius dic. quod (tempore tunc prefix. & appunctuat. elaps. existen & nulla satisfact' habita & facta) dictus Dominus Rex in Regalisua considerantion. ponderan. conditionem ipsorum Edmundi Turnor & Georgii Carew & al [...] person. interesse habent et claman. et dampnisicat ut prefertur quodque dicti subditi sui relevari deb [...]issent secundum rectum et Iusticiam et secundum leges et Statut. hujus regni Angl. Quodque nulla satisfactio seu Responsio haberi seu ob [...]ineri potuisset a pred. ordin. general. per quod manifeste visum fuit eidem Regi non solum sore conat. vanum Anglice a fruitless endeavour verum etiam prostitutionem honoris et dignitat. sui et Imperial. Coron' hujus Regni ad faciend vel appunctu­and' ullas aliquas al. ulterior' applicationes post tot. et tal. denegationes et negligenc. Anglice Slightings. Et pred. Edmundus Turnor et Georgius Carew ulterius die. quod postea scilicet duo­decimo die Novembris Anno regni sui decimo sexto apud Parochiam St. Martint pred. in Com. pred' idem Dominus Rex in debita forma Legis mandavit cuidam Iohanni Exton Legum doctor' ad [...]unc Iudic' alte Cur Admiralitat' Angl' vel surrogat' ejusdem super plen' examinationem & probationem testium in dict' Cur' Admiralitat fide dignorum habend' & fiend' ad relation' faciend' Anglice Report & Certificand' sub' manu sua plen' valor dampnum & detriment' sic sustent' per prefat' Willielmi Courten & participes suos ut prefertur. Quiquidem Iohannes Exton adtunc ex­isten' Iudex dicte Cur' Admiral' vel surrogat' ejusdem in debita jurisforma sub manu sua super plen' examination' & probationem fact' per testes in ead [...]m Cur' Admiralit' fide digu' relationem fecit & Certificavit quod dampnum & determent' sic sustent' per pedict Willielm' Courten & per­ticipes suus ut prefertur attingebat ad summam Centum qumquagint' & mum mille sexcent' & duodecim librarum legalis monete Angl' Et predictus Edmundus Turnor & Georgius Carew ulterius dic' quod pro plen' restitution & satisfactione eisdem & predict' al' person interesse ut prefertur fiend' pro predict' navibus bonis & Merchandiz' sic spoliat ut prefertur simul cum om­nibus custag' & impens' qual' acciderent pro recuparatione inde dict' Dominus Rex per ad­visament' Honourabil Domminor' & al' de secret Consil suis & secundum leges & Statut' hujus regni Angl' concessit prefat' Edmundo Turnor Mil' & Georgio Carew per pred' Literas Paten' Irrotulat ut prefertur pred' potestat' authoritat' Iur' titul' & Interesse Et pred' Edmundus Turnor et Georgius Carew ulterius dicunt quod ipsi legalit' intitulat' existen' pro recuperation' plen' satisfaction' eisdem fiend' de predict' Centum quinquagint' et unum Mille sexcent et duo­decim libris ultra Custag' et expens' sua quoddam inviolabil jus et interesse in lege transivit et remanet in ipsis Edmundo Turnor et Gorgio Carew quodque pred' Litere Patent' et omnia et omnimod' potestat' Concession' authoritat. et res quecunque in et per predict. Literas Paten. concess. at prefertur secundum legem et Statut. hujus regni Angl. et secundum express. concess. et intention dictarum literarum Paten. reman. in plen' vigor' et potestat. ad omnia intentiones et proposita quecunque quousque pred. Edmundus Turnor et Georgius Carew executor. Admi­nistrator. vel Assign. sui virtute earundum ceperint seisivint trecuperaverint receperint a dictis ordinibus general. vel eorum subdit. Centum quinquagint un' mille sexcent et duodecim libr' secunaum appraizament. fore fiend. per sufficien. appriciament' secundum tenor. et effect. pred literarum Paten. in Cur. Admiralitat. hujus regni Anglie de omnibus tal. Navibus bonis mercibus et Merchandiz. que capt. forent a predict. Ordin. General Belgii Provinciar. unitar. sive aliquibus subdit. dictorum ordin. general. ratione et virtute literarum Paten. pred sive quo­usque pred. Edmundus Turnor et Georgius Carew sui eorum alter recipient sive recepit et sa­tisfaction. de debito predicto per composition. sore fiend. int. Societat. Ind. oriental. federator. Belgii Provinciar. pred et eosdem Edmundum Turnor et Georgium Carew Et iidem Edmundus Turnor et Georgius Carew ulterius dic quod non obstan aliquod Actum Hostilitat. Bellum sive Bella habit. fact. perpetrat. sive Commiss. post Concession. pred. Litrarum Paten ut prefertur int. [Page 16] dictum Dominum Regem et dict. ordin. general federator. Belgii Provinciar. sive aliquos subdit. eorundem respective cessarent quodque non obstant. aliquibus feder. tractat' vel Ar­ticul' quibuscunque & non obstan' pred' tractat' apud Breda in dicto brevi de scir' fac' mentionat' & conclus. & publicat' sive dict. tractat' apud Westmin' mentionat' & supposit' fore fact' conclus' & publicat' in tal' modo & forma qual' in predict' brevi de scir' fac' scil' montionat' Quodabque; non obstan' pred' brevi de supersed' sub magno sigill' Angl' mentionat' & supposit' fier [...] ad supersedend' revocand' ad nihiland' & evitand' dictas Literas Paten' Re­prizal' sic mentionat' fore concess. ut prefertur. in tal' modo & forma qual' in predicto brevi de scir' fac' mentionat' eadem Litere Paten' dicto Edmundo Turnor & Georgio Carcw sic ut pre­fertur concess. adhuc reman' in plen' robore vigore & virtute existunt & quod virtute earun­dem Edmundus Turnor & Georgius Carew de jure potuerint capere & seisire vi & Armis tot' & tal' Naves bon' & Merchandiz' pred' ordin' general' sive aliquor' subdit' eorum unde poterint' satisfecisse tam de pred' summa Centum quinquagint' & un' mille sexcent' & duodecim libr' quam de tal' Custag' & expens' qual' predict' Edmundus Turnor & Georgius Carew a tempore in tempus legaliter probare poterint per ipsos fore expend' & salut' in & circa Armand' solvend' supplend' & commeat' instruend' tal' naves qual' ration' & vigore pred' literarum Paten' Ar­mar' solver' suppl' & instruer' pro recuperatione & satisfact' pred' debit & Custag' & impens' pred' ut prefertur Et iidem Edmundus Turnor & Georgius Carew in facto dic' quod ipsi nec eorum alter nec aliquis claman' de per vel subter eos vel eorum alter ceperunt vel eepit Seizior' vel seizivit recuperaverunt vel recuperavit vel receper' vel recepit a tempore consection' litera­rum Paten' iisdem Edmundo Turnor & Georgio Carew fact' vel ad aliquod tempus huc usque a dictis ordinibus general predict' vel eorum subdit' vel a predict' Societate Iudiarum Oriental' federatur' Belgii Provinciar' pred' summam Centum quinquaginta un. Mille sexcent' & duo­decim libr' sive aliquam partem inde dict' Original' debit' neque aliud quid cujuscunque valor attingen' sive equivalen' medietat' dampna Custag' & expens. in prosecutione per predict' Ed' mundum Turnor & Georgium Carew vel eorum alt' impens' & sustent' Et Ideo iidem Edmundus-Turnor & Georgius Carew dicunt quod quousque satisfactio fact' & habit' foret eisdem Edmundo Turnor & Georgio Carew de debito dampnis & custag predict' per predict' Ordines Generales Provinciar' Belgii unit' vel subdit' suorum vel per dictam societat' Indiar' Oriental. Netherlandie federatar. Belgii Provinciar: vel per tot. vel parcell. pecun▪ Octingent Mille Pattacoones Anglice Pieces of Eight mentionat. in decimo Articulo Tractat apud Westm. ut prefertur in dicto brevi de scir. fac. mentionat dicto Domino Regi pro satisfaction. dampn. & detriment▪ que ipsi & subdit. sui sustin. vel per satisfaction. per ipsum Dominum Regem eisdem Edmundo Turnor & Georgio Carew prius fact. & dat. eedem dicte Litere Paten. sue sic. ut prefertur eisdem Edmundo Turnor & Georgio Carew concess. & Irrotulamen. eorundem fore Cancella evitat. condempnat. & fru­strat, & easdem in dicta Cur. Cancellar, restaurat. & ibidem Cancellat. non debent cum hoc quod omnia & singula in eisdem literis Patentibus recitando content. sunt & predic [...]o tempore con­sectionis & Concessionis earundem fuer. vera quodqae de nullo quocunque perinde concess. vel in eisdem m [...]ntionat, dictus Dominus Rex nunc unquam seu aliqualiter. fuit deceptus.

  • Rich. Wallapp.
  • R. Powell.
  • Edm. Saunders.
  • J. Somers.
  • Charles Molloy.

ON the first day of Easter-Term the said George Carew appeared in person at the Kings-Bench-Bar, and moved the Court by Mr. Saunders, his Councel, that his Appearance might be Recorded, which was done accordingly; But no Information was brought in against the said Carew all that Term: Then in Trinity-Term following, the said Carew or­dered his Clerk in the Petty-bagg to give Rules that the Attorney-General might Re­ply to the said Plea, that Issue might be joyned in that Affair, to make all things ripe for a final determination in Parliament; either upon a Writ of Error, or otherwise as occasion should offer: But to this day no further Prosecution is made at the Kings Instance concerning the Scire Facias.

Wherefore several of the persons Interessed, in pursuance of an Assignment indented, and made the 14 th. day of Iuly 1666. between the said George Carew of the one part, and Iohn Graham Esq and Iohn Brown Gent. of the other part; agreed to make a new Entry of five Ships and Pinnaces in due Form, with the Register of the Admiralty Court (de bene esse) the week after Trinity Term; and to set forth the same to Sea from time to [Page 17] time, until the said Debt and Damages should be Recovered, or a Composition made for the same, according to the true intent and meaning of the said Letters Patents, re­cited in the Plea to the Scire Facias aforesaid, which they entred accordingly.

The Statutes of England, in several Acts of Parliament are very positive in it; that persons spoiled at Sea, shall have the Law of Reprizals for their relief: By the Laws of Moses, Goods taken wrongfully away were to be restored fourfold, which implyed the Damages sustained, and the Costs in acquiring restitution: By all Christian Precepts and Examples, since Christianity came into the World; it was practised in all Ages, that Re­stitution was injoyned before any Absolution where the persons were of ability to do it.

To inforce the Argument in this Case something further, it may be observed, (in the Patent recited in the Plea) that the King foreseeing it was against all Natural Justice to mention any Pardon, without a Restitution and Compensation to the Parties Injured; the Hand points at the words. ☞ That notwithstanding any Peace concerning General Reprizals, yet this Remedy remains until satisfaction, &c. Which imploys, that although he remits the Crimen Lasae Majestatis, the particular Injury relates to particular Persons: Nothing is more usual then Appeals of private persons after Soveraign Pardons; whereby the Crimi­nals have suffered for not making their Peace with the particular persons next of Blood.

But some will object, that a Soveraign Prince may pro bono publico, give away a particu­lar Debt of his Subject, although ascertained under the greatest circumstances: But whether that assertion be consistent with the Law of England, or that the particular should be satisfied out of the publick Purse, or left to the proper Remedy granted. I leave it to better Judgments upon Arguing the Plea.

It is remarkable, that the said Daniel Gyles made a Contract with the Dutch-Skipper, that he should give him the said Gyles 100. l. Sterling to Seize the said Captain Gwyther and his men, who lay at Anchor near Cows-Castle, with two of the Dutch Seamen on Board in the Prize-Ship, and an English Pilot, that the Captain had Hired in the Isle of Wight to bring the said Prize-Ship to London, in order to her Condemnation.

And that the said Daniel Gyles, in pursuance of his Contract, Hired several Boats with Soldiers, and came on board the said Prize-Ship, called the Love of Rotterdam, and there demanded ( ex officio, as he pretended) the Captains Commission, and took it from him, and the Money he had; and Secured the said Captain and Seamen in Cows-Castle about the 9 th. of December 1680. then took away the Prize-Ship, wherein were seven pair of Pistols, Swords and Pole-Axes of the Captains, with all the English mens Bedding and Provisions that Boarded the said Ship, which the said Gyles Seized and kept, and alledged he might do it by virtue of the Kings Proclamation.

THat in Hillary-Term following the said Gyles appearing upon the Exchange in Lon­don, several Actions were brought against him in the Kings-Bench for the said Ship, Wine and other Goods; whereupon he was Arrested, and carried into the Powltry-Compter: Who after several days Confinement, being not able to give Bail, moved the Court he might be Discharged upon Common Bail; notwithstanding the Actious were for Trover and Conversion, and Actions for Trespass on the Case, at the Suits of the Proprietors, the Captain and Seamen respectively, to the Damages of 5000 l. and upwards: Nevertheless the said Gyles was Discharged by Rule of Court upon Com­mon Bail; then the Ship and Goods were delivered in an Arbitrary way, by Order of the Councel Table to the Lords Commissioners of the Admiralty, and to Sir Robert Holmes, who dispossessed the English Interessed persons of their Ship and Goods, contrary to the Laws of Property, and the Established Laws of England, to the great Dishonour of the Govern­ment, and the Damages of the persons Interessed and Injured as aforesaid; who are in pro­secution of their Right in the ordinary course of Iustice, against the said Daniel Gyles and Sir Robert Holmes for the Ship and her Lading; as also for False Imprisonment of the Men, and detainng their Arms and other Goods from them.

A short Narrative of the Life and Death of Sir William Courten.

SIR William Courten was born in the Parish of St. Mary-Hill in London; his Father and Mother in the time of Persecution (under the Duke de Alva) in Flan­ders, having fled from Menen in the year 1567. into England for Protection, having Transported all their Goods and Moneys to the City of London, dealt in Silks and Fine Linnen during their Lives; and left three Children, Named William, Peter and Margaret, unto whom they gave plentiful Estats.

[Page 18]Sir Willlam being the Eldest Son was Bred a Merchant, and his Fathers Factor some­time at Harlem, and other while at Corterick, where he Married his first Wife the Daughter of Peter Cromeling, with whom he had sixty thousand Pounds Sterling.

In the year 1606. the said Sir William Courten entred into a Trade in Partnership with a Ioynt Stock, in Company with Peter Courten his Brother, and John Mon [...]y his Brother in Law, that Married his only Sister, the Widow of Matthias Boudaen her first Husband: Two parts, or the Moiety of the said Stock in Company belonging to Sir William, and to each of the other a fourth part: This Trade was carried on Ioyntly in Silks and Linnens until the year 1631. wherein was returned Communibus Annis, one hundred and fifty thousand Pounds Sterling. But besides that Trade in Company to Holland, France and Flanders, Sir William carried on his own particular Trade to Guinea, Portugal, Spain and 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 conjectu [...]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 aliàs Barton Wingham in Com, Kent. and all other M [...]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 aliàs Wingham Barton and other the pre­misses are settled upon my daughter M [...]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 Mon [...]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.

[Page 19]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 Fauchur [...]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 Bo [...]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 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 app [...]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 sol [...]mnity on opening of Parliaments and Audiences given to Foreign Ambassadors. Which afterwards was sold to King Charles the [Page 21] 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 aliàs 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 Administration was granted to the said George Carew in the Letters patents for Reprizals before mentioned, wherein the most visible part of Sir Paul Pyndar's Estate re­mains, yet many difficulties and obstructions are laid in the way from coming to that poor remainder in this age of Forgetfulness. Yet I hope it will not be in these our days as it was in the times of old when the Prophet Isaiah complained that Iudgment is turned backward, and Iustice Standeth far off, for Truth is fallen in the Street and Equity cannot enter. Yea, Truth faileth, and he that refraineth from Evil maketh himself a Prey, and the Text saith, that the Lord was displeased that there was no Iudgment, and when he saw that there was no man, he wondred that none would offer himself. From whence it may be inferred, that they who suffer Injuries and Oppressions without Process and Appeal for Justice, do not only betray them­selves and their Cause, but the Interest of their Country and the Laws of the Realm under which they have, or ought to have protection.

There is one Remarkable and Fraudulent Case, not to be Omitted in this Narrative.

ADmiral de Ruiter of Holland having taken a Fly-Boat of 200 Tun in Burthen, called the Mary of Bristol, be­longing to Merchants of that City. Laden with Sugar, Cotton and Indigo from Barbadoes; the said Ship and Goods were Condemned as free Prize to the States of Holland, by the Admiralty of Amsterdam in the year 1665. Then the said Ship was sent from Amsterdam by the Name of the Godilive of Bruges, and bound for France, where she was Laden with Wine, Salt and Vinegar, under Spanish Colours, as belonging to Iacob Neitz, Michael Vander Planthem, and other Subjects of the King of Spain, which said Fly-Boat being taken by Captain Tyrance Byrne, about the Month of Iuly 1666. and carried into the Port of Chichester, in pursuance of a Commission by force of the Letters Patents for Rep [...]izal granted to Turnor and Carew as aforesaid, against the States of the United Pro­vince ▪ Upon Examination whereof, it appearing that the Ship was Dutch Built, Sailed from a Port in Holland to a Port in France, the Seamen Hollanders and Zelanders Born, and the Goods Consigned to Merchants of Amsterdam: Sir Lyonel Ienkin: Decreed that there was good cause of Seizure, and Condemned the Master of the said Ship in Expences; but in regard one Peter Gerrarda French man, and common claimer of Prize-Ships, appeared and claimed the said Godilive and her Lading in the Names of the said Iacob Neitz and others, Subjects of Spain in Amity with the King▪ It was ordered by the Judge, that upon payment of the Costs, and giving Bail to abide the Sentence of the Court upon hearing the Cause, the Ship and Goods should be restored: But the said Gerrard re­fusing so to do, Arrested the said Captain Byrne in an Action of 1000 l. upon a Writ out of the Admiralty Court, unto which he gave good Bail; yet the said Gerrard made no Prosecution thereupon: But upon Examination Ex parte and Certificates procured out of Flanders, that the said Ship was Assigned to the said Neitz and others, Mer [...]hants of Brugis: The Ship and goods were restored by the Court, and delivered by the Vice-Admiral of Suss [...]x accordingly.

Afterwards the Proctor and Advocate of the common claimour Exhibits a Lybel in the Names of Neitz, Vander Plancken and others, in the year 1667. against Sir Edmond Turnor and George Carew joyntly, with Captain Tyrence Byrne and Ionathan Frost his Owner, u [...]on pretence that part of the Lading was Imbeaziled in the Port of Chiche­ster, and some of the Wines Perished with Lying: Whereupon Sir Lyonel Ienkins pronounced a Sentence against Turnor, Carew, Byrne and Frost for 1800 l. Damages for spoiling their Voyage, although the Ship and Goods were re­stored under all those Circumstances aforesaid, from which Erronious and Unjust Sentence Turnor and Carew Ap­pealed by themselves to Judges, Deligates and Adjuncts, who confirmed the said Sentence, although against the Statute Laws of the Realm, and the Common Law of England▪ Turnor and Carew being neither Particeps Criminis nec mun [...]ris, and that no man in the Cases of Personal Injuries, ought to suffer for the default of another; for that by their own shewing in their Libel, the Imbezlements being done in Chichester in the body of the County where they were to be Tryed by the Common Law, Vive voce, it being without the Jurisdiction of the Admiralty (a Court of no Record) Wherefore they Appealed to the King, and obtained a Commission of review, leaving the pretended Claimers, and Byrne to dispute the matter; Turnor and Carew being concerned no further, then that their Names were used in the Process towards Condemnation: Nothing of proof appearing to the contrary in all the Process transmitted in the said Cause.

The Humble Proposals of William Courten Esq Grand-Child and Heir of Sir William Courten Kt. Deceased, Charles Earl of Shrewsbury, Richard Powell Esq Thomas Coppin Esq and others here under-named, (on the behalf of them­selves, and other persons Interessed by Subscription to the said Proposals) to His Majesty and the Lords and others of His Majesties most Honourable Privy Councel.

Ann. 1626WHereas Sir William Courten at his own Costs and Charges set forth two Ships well provided with Men, Ammunition, and all Necessaries fit for Settling a Plantation. They were bound for the West-Indies, where they discovered an Island, Landed and possessed it, and called it the Barbadoes. And in the same year Captain John Powell and Henry his Brother, upon Sir William Courten's Account, and at his Costs, came thither with other Ships Freighted with Men, Women, Servants, and all sorts of Provisions for carrying on the Plan­tation, designed and Fetched several Indians from the main Land, Built Houses, Raised For­tifications, and set up the Kings Colours; made several Plantations of Cottons, Tobacco, In­digo, &c. Peopled the Island with English, Indians and others, to the number of 1850 Persons, or thereabouts; and Settled John Powel Iunior, Governour there, and the Planters paid Sir William Courten several Servile Rents of Sugar, Cotten, Tobacco, &c. as Original Proprietor.

25th. of February 1627.King Charles the first by Letters Patents under the Great Seal of England, granted the Go­vernment thereof to the Earl of Pembrook and Mountgomery in Trust; and at the Request of Sir William Courten, with power to Settle a Collony there, according to the Laws of Eng­land, who gave John Powell a Commission to continue Governour there: And Sir William Courten borrowed several great sums of Money, and became much Indebted for carrying on the said Plantation.

2d. of Iuly 1627.Then James late Earl of Carlisle obtained a Patent for the Propriety, Inheritance and Go­vernment of the Caribbee Islands: But doubting it would not reach Barbadoes, he surrendred it, and obtained a second Patent (rejecting the former) containing a Grant of the Propriety and Inheritance of the Barbadoes to the said Earl and his Heirs: 7th. of April 1628. By colour of which Patent, great Violence was offered to Sir William Courten's Governour and People; and in Fine, they were Dispossessed.

Ann. 1662That the Consideration of Sir William Courten's Title was referred to the Committee of Forraign Plantations; who found that the Heirs and Assigns of Sir William Courten retained a Freehold in the said Island, having not any way forfeited the same.

1 [...]th. Iune 1663.That Your Majesty in Council having heard the several Pretensions of the Lord Willougby of Parham, and others who claim Title to the Caribbee Islands, under some Grant from his late Majesty to the Earl of Carlisle, was pleased to declare, That you might legally avoid the Grant made to the said Earl of Carlisle, (as you were advised by your Learned Councel of the Law) whereby all Grants made by the said Earl of Carlisle, and those who claim under him, would also be avoided.

That the Servile Rents of Sugar, &c. payable to Sir William Courten, as absolute Proprietor by Original right of Discovery and Possession of the said Island, are now changed into a Duty of 4 and ½ per Cent, payable by all Planters there to Your Majesty, and Your Grantees, and reduced under a certain Rent of 7000 l. per Annum, or thereabouts: But the Charge in mannaging the same, doth consume the greatest part of the said Revenue.

That Sir William Courten, his Heirs and Creditors, and others claiming under him, have not as yet obtained any Satisfaction for their Right and Interest therein.

Ann. 1635That Sir William Courten since Deceased, Thomas Kynaston Merchant, (still living) and others their Partners and Co-Adventurers, by Vertue of other Letters Patents from His late Majesty under the Great Seal of England, undertook several Trading Voyages to Goa, China, the parts of Mallabar, and other places in the East-Indies.

Ann. 1643That t [...]o Ships, one called the Bona Esperanza, and the other the Henry Bona Adventura, belonging to the said Courten and Co-Adventurers, being Richly Laden, and bound Homewards from the East-Indies, were set upon by some Ships belonging to the Dutch East-India Company, Seized, and Injuriously taken, and converted to their own use, to the Damage of the Proprietors and Adventurers, to the value of 151612 l. as appeared upon due Examination thereof in Your Majesties High Court of Admiralty, and was accordingly so certified to Your Majesty by the Iudge of the said Court.

That Kynaston the surviving Partner, and those also who claimed under Sir William Cour­ten, and his Son and Heir, and sole Executor, made their Applications for satisfaction of their said Damages upon all occasions of Treaties and otherwise, but could not obtain any Reparations.

Ann. 1665That Your Majesty Granted Letters of Marque and Reprizals of Common Right under the Great Seal of England, unto Sir Edmond Turnor Knt. and George Carew Esq, in Right of [Page 23] the Proprietors, and others claiming under Courten and Sir Paul Pyndar, for Recovery of the said 151612 l. with all Incident Costs and Charges concerning the same; with particular Provision that they should continue in Force, as well in time of Peace as War, until satisfaction obtained for the said Debt and Damages.

Ann. 1667That in a Treaty at Breda in the year 1667. an Article was mentioned and agreed upon for Amortizing and Extinguishing the said Damages and Demands.

Ann. 1671That afterwards upon a Petition from the said Kynaston, Carew and other persons Interessed as aforesaid presented to Your Majesty, and by Your Majesty referred to certain Lords of the Privy-Council, their Lordships upon Hearing and Examination of the Matters to them re­ferred, did humbly Certify and Report to Your Majesty, that (for the Reasons in their said Certificate and Report expressed) all Obligations of past Treaties were Cancelled, and that it was Iust and Seasonable for Your Majesty to Insist upon Intire Reparation for your said Injured Sub­jects in the next Treaty between Your Majesty and the States-General.

Ann. 1672That Your Majesty was Graciously pleased to send Your Letters to Your then Plenipoten­tiaries at Cologne, to Insist upon Satisfaction accordingly.

Ann. 1673That a Treaty was afterwards Concluded at London, in the Month of February, in the Year 1673. wherein it is mentioned, (as is alledged) that all Offences, Losses, and Damages should be buried in Oblivion, and all Letters of Reprizals Revoked by renewing the said Treaty at Breda, in the 7th. Article of the said Treaty concluded at London as aforesaid.

Wherein a Seperate Peace (excluding France) was concluded between England and Holland, whereby the States-General were to pay Your Majesty 800000 Pattacoons for Damages, at four equal payments in four years: But the Ships Bona Esperanza and Henry Bona Adventura were left wholly unprovided for.

Ann. 1680The persons Interessed with, and under Sir William Courten, made several Applications to Your Majesty and Councel, but all in vain: Thereupon the Letters of Reprizal were put in Exe­cution, and the Captain and Marriners were taken and Committed to Prison by Warrants from the Council▪ directed to the Lords Commissioners of the Admiralty, and afterwards Tryed for Felony and Piracy, and Acquitted by the Petty-Iury.

Ann 1681That in Hillary-Term last Mr. Attorney General brought a Scire Facias against the said Sir Edmond Turnor and George Carew to Reverse the Letters Patents for Reprizal, where­unto they appeared and pleaded; But Mr. Attorney hath not proceeded thereupon.

That 125000 l. and upwards, is justly due and owing to the Estates of Sir William Courten and Sir Paul Pyndar, by the Heirs and Executors of Peter Boudaen, Jacob Pergens and David Goubert Merchants of Holland, upon particular Accounts in Trade, Bills of Exchange and Obligations, no ways relating to the Letters of Reprizal, for which they have been Sued in the ordinary Courts of Iudicature in Amsterdam and Middleburgh, but the Magistrates there de­nyed Iustice to the Prosecutors.

Ann. 1678That Sir Paul Pyndar having lent and advanced the sum of 80000 l. and upwards before the year 1640. which was to have been repayed to him out of the Fines and Compositions of Papists Convict, and other Assignments which are legally vested in the said Richard Powel and Nath. Hill Gentleman; they did for the obtaining thereof exhibit their humble Petition to Your Ma­jesty in the Month of May 1678, which was referred to the Lords Commissioners of your Trea­sury, where it still depends.

THat the said William Courten Grand-child and Heir of Sir William Courten Deceased, Charles Earl of Shrews­bu [...]y. George Carew Esq Administrator of the Goods and Chattels of Sir William Courten and Sir Paul Pyndar Knt. Deceased, with their Wills annexed: Richard Powell Esq Thomas Townsend, Thomas Coppin Esquires, Richard Cresset and Robert Alyeway Gent. and Thomas Coleman Esq on the behalf of themselves and others Interessed in the Premisses, do most humbly propose

THat in consideration Your Majesty shall be Graciously pleased to Grant (as much as in Your Majesty lyes,) the said Duty of 4 and ½ per Cent arising 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 B [...]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.

[...]iat Iustitia, ruat Coelum.
FINIS.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.