A brief abstract of the case concerning the letters patents for reprizals (hereunto annexed) against the States-General and their subjects whereupon Capt. Compton Gwyther, William Coates, Joseph Bullivant, John Baxter, Francis Wansell, Francis Martin, John Gibson, and William Jones, prisoners in the Marshalsea, are to be tryed for their lives, according to the common law of England, on the 18th of February instant, upon the Statute of 28 Henry 8. cap. 15 under the pretence of piracy, for taking a Galliot-Hoy (called the Love of Rotterdam) laden with 160 tun of wine, and prunes, on the 3d of December last, bound from Bourdeaux to Dort / faithfully recollected out of all the originals by Thomas Smith Gent. ; with some remarkable observations both upon the matters of fact, and the law in the whole case.
         Smith, Thomas, Gent.
      
       
         
           1681
        
      
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             A brief abstract of the case concerning the letters patents for reprizals (hereunto annexed) against the States-General and their subjects whereupon Capt. Compton Gwyther, William Coates, Joseph Bullivant, John Baxter, Francis Wansell, Francis Martin, John Gibson, and William Jones, prisoners in the Marshalsea, are to be tryed for their lives, according to the common law of England, on the 18th of February instant, upon the Statute of 28 Henry 8. cap. 15 under the pretence of piracy, for taking a Galliot-Hoy (called the Love of Rotterdam) laden with 160 tun of wine, and prunes, on the 3d of December last, bound from Bourdeaux to Dort / faithfully recollected out of all the originals by Thomas Smith Gent. ; with some remarkable observations both upon the matters of fact, and the law in the whole case.
             Smith, Thomas, Gent.
          
           8 p.
           
             s.n.,
             [London :
             1681]
          
           
             Caption title.
             Signed at end: T.S.; dated: Feb. 12. 1680 [i.e. 1681]
             Reproduction of original in Huntington Library.
          
        
      
    
     
       
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           United Provinces of the Netherlands. -- Staten Generaal.
           East India Company.
           Great Britain -- Foreign relations -- Netherlands -- 17th century.
           Netherlands -- Foreign relations -- Great Britain.
        
      
    
     
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         A
         brief
         Abstract
         of
         the
         CASE
         concerning
         the
         Letters
         Patents
         for
         Reprizals
         (
         hereunto
         annexed
         )
         against
         the
         States-General
         and
         their
         Subjects
         ,
         whereupon
         Capt.
         
           Compton
           Gwyther
           ,
           William
           Coates
        
         ,
         Joseph
         Bullivant
         ,
         John
         Baxter
         ,
         Francis
         Wansell
         ,
         Francis
         Martin
         ,
         John
         Gibson
         ,
         and
         
           William
           Jones
        
         ,
         Prisoners
         in
         the
         Marshalsea
         ,
         are
         to
         be
         Tryed
         for
         their
         Lives
         ,
         according
         to
         the
         Common
         Law
         of
         England
         ,
         on
         the
         18
         th
         of
         Februvry
         instant
         ,
         upon
         the
         Statute
         of
         28
         Henry
         8.
         cap.
         15.
         under
         the
         pretence
         of
         PIRACY
         ,
         for
         taking
         a
         Galliot-Hoy
         [
         called
         the
         
           Love
           of
           Rotterdam
        
         ]
         laden
         with
         160
         Tun
         of
         Wine
         ,
         and
         Prunes
         ,
         on
         the
         3
         d
         of
         December
         last
         ,
         bound
         from
         Bourdeaux
         to
         Dort
         :
         Faithfully
         Recollected
         out
         of
         all
         the
         Originals
         ,
         by
         Thomas
         Smith
         
           Gent.
           With
           some
           Remarkable
           Observations
           both
           upon
           the
           Matters
           of
           Fact
           ,
           and
           the
           Law
           in
           the
           whole
           Case
           .
        
      
       
         
           IN
           the
           year
           1635.
           
           King
           Charles
           the
           First
           being
           truly
           informed
           that
           the
           East-India
           Company
           of
           England
           had
           wasted
           several
           great
           Joynt
           Stocks
           ,
           and
           not
           settled
           themselves
           in
           any
           Credible
           Factories
           in
           India
           ,
           or
           parts
           adjacent
           of
           any
           considerable
           strength
           ,
           since
           the
           first
           Erection
           of
           the
           said
           Company
           ,
           but
           had
           rendred
           themselves
           subject
           to
           the
           apparent
           Insolencies
           and
           Injuries
           of
           the
           Dutch
           ;
           whereupon
           Sir
           
             William
             Courten
             ,
             Endimion
             Porter
          
           
             Esq
          
           Capt.
           
             John
             Weddell
             ,
             Nathaniel
             Mountney
             ,
             Thomas
             Kynaston
             ,
          
           Merchant
           ,
           and
           their
           Partners
           ,
           were
           importuned
           and
           encouraged
           by
           the
           King
           and
           Councel
           to
           undertake
           Trading-Voyages
           to
           the
           Coast
           of
           
             India
             ,
             China
          
           ,
           and
           Japan
           :
           In
           which
           enterprize
           Sir
           
             Paul
             Pyndar
          
           advanced
           the
           sum
           of
           36000
           
             l.
             sterling
          
           ,
           in
           the
           year
           1636.
           
        
         
           The
           East-India
           Company
           of
           the
           Netherlands
           foreseeing
           that
           it
           might
           lessen
           their
           Trade
           and
           Commerce
           in
           those
           parts
           ,
           sought
           by
           all
           indirect
           ways
           and
           means
           to
           undermine
           and
           spoil
           the
           said
           Courten
           and
           his
           Partners
           ,
           in
           their
           Trading-Voyages
           :
           whereupon
           the
           two
           Ships
           named
           the
           Dragon
           and
           Katharine
           ,
           richly
           laden
           to
           the
           value
           of
           200000
           l.
           homewards
           bound
           from
           China
           and
           Japan
           in
           the
           year
           1638.
           were
           lost
           and
           destroyed
           both
           Men
           ,
           Ships
           ,
           and
           Goods
           ,
           and
           never
           heard
           of
           to
           this
           day
           .
        
         
           In
           the
           year
           1642.
           
           Sir
           
             William
             Courten
          
           being
           dead
           ,
           
             William
             Courten
          
           his
           Son
           and
           Heir
           ,
           and
           sole
           Executor
           ,
           did
           with
           the
           rest
           of
           his
           Partners
           set
           forth
           (
           amongst
           other
           Ships
           )
           the
           
             Bona
             Esperanza
          
           ,
           and
           
             Henry
             Bona
             Adventura
          
           ,
           which
           were
           injuriously
           seized
           and
           taken
           by
           the
           Officers
           of
           the
           East-India
           Company
           of
           the
           Netherlands
           in
           the
           year
           1643.
           and
           converted
           to
           their
           own
           use
           ,
           to
           the
           damage
           of
           Courten
           and
           his
           Partners
           the
           sum
           of
           151612
           l.
           as
           by
           the
           said
           Letters
           Patents
           annexed
           appears
           .
        
         
           Upon
           the
           Kings
           most
           happy
           Restauration
           ,
           the
           surviving
           Partners
           ,
           and
           the
           Heirs
           ,
           Executors
           and
           Administrators
           of
           the
           rest
           of
           the
           Adventurers
           ,
           addressed
           themselves
           in
           the
           year
           1660.
           to
           the
           King
           for
           relief
           :
           whereupon
           a
           signal
           Compact
           and
           Agreement
           was
           made
           (
           after
           two
           years
           debate
           )
           between
           the
           King
           and
           the
           States-General
           ,
           in
           the
           15th
           .
           Article
           of
           the
           Treaty
           concluded
           at
           
             London
             ,
             Anno
          
           1662.
           
           That
           upon
           the
           Restitution
           of
           the
           Island
           of
           Poleron
           ,
           and
           entire
           
           satisfaction
           to
           be
           made
           to
           the
           parties
           Interessed
           and
           Injured
           concerning
           the
           said
           two
           Ships
           
             Bona
             Esperanza
          
           ,
           and
           
             Henry
             Bona
             Adventura
          
           ,
           all
           other
           Offences
           ,
           Injuries
           and
           Losses
           ,
           suffered
           by
           the
           Subjects
           of
           England
           ,
           should
           remain
           cancelled
           and
           extinguished
           .
        
         
           Whereupon
           Sir
           
             George
             Downing
          
           ,
           his
           Majesties
           Envoy
           Extraordinary
           to
           the
           States-General
           ,
           in
           pursuance
           of
           the
           said
           Treaty
           ,
           had
           several
           Conferences
           with
           the
           Deputies
           of
           the
           said
           States
           ,
           and
           the
           East-India
           Company
           of
           the
           Netherlands
           in
           the
           Hague
           ,
           to
           liquidate
           the
           said
           loss
           and
           damages
           ,
           for
           the
           space
           of
           two
           years
           more
           ,
           without
           any
           other
           effect
           ,
           then
           an
           inconsiderable
           offer
           of
           
             Two
             hundred
             thousand
             Gilders
          
           ,
           for
           the
           whole
           Spoil
           and
           Depredations
           ;
           pretending
           they
           had
           paid
           some
           part
           of
           
           Courten's
           proportion
           in
           the
           year
           1649.
           to
           
             Jacob
             Pergens
          
           ,
           who
           had
           given
           security
           by
           
             Peter
             Boudaen
          
           to
           indempnifie
           the
           Company
           from
           the
           claim
           of
           Sir
           
             Paul
             Pyndar
          
           and
           Sir
           
             Edward
             Littleton
          
           ,
           who
           had
           intimated
           their
           Right
           by
           
             Jonas
             Abeeles
          
           and
           a
           Publick
           Notary
           ,
           in
           the
           year
           1648.
           to
           the
           said
           East-India
           Company
           at
           their
           Chamber
           in
           Amsterdam
           ,
           as
           by
           the
           several
           and
           respective
           Acts
           and
           Deeds
           may
           appear
           .
        
         
           That
           the
           said
           
             George
             Carew
          
           in
           the
           Letters
           Patents
           mentioned
           ,
           putting
           great
           confidence
           in
           his
           Majesties
           most
           sacred
           Covenants
           ,
           and
           Grant
           under
           the
           Great
           Seal
           of
           England
           ,
           sold
           his
           Mannor
           of
           Aunton
           ,
           alias
           Aldington
           ,
           in
           the
           Valley
           of
           Evesham
           ,
           with
           the
           Lands
           thereunto
           belonging
           ,
           for
           the
           sum
           of
           3800
           l.
           to
           Mr.
           
             Thomas
             Foley
          
           ,
           to
           satisfie
           Sir
           
             William
             Powell
             ,
             John
             Whitfield
          
           
             Esq
          
           
             Henry
             Soam
          
           and
           others
           ,
           that
           had
           the
           Interest
           in
           Sir
           
             Paul
             Pyndars
          
           and
           Sir
           
             Edward
             Littletons
          
           Assignments
           ,
           and
           the
           Deeds
           thereof
           ,
           who
           refused
           to
           joyn
           with
           Mr.
           Carew
           in
           the
           prosecution
           of
           his
           Right
           against
           the
           East-India
           Company
           of
           the
           Netherlands
           ,
           and
           other
           particular
           Inhabitants
           in
           Holland
           and
           Zealand
           ;
           whereupon
           they
           assigned
           their
           Right
           and
           Interest
           to
           Carew
           ,
           the
           Administrator
           of
           Sir
           
             William
             Courten
          
           ,
           with
           his
           Will
           annexed
           .
        
         
           In
           the
           year
           1665.
           
           His
           Majesty
           and
           divers
           Ministers
           of
           State
           ,
           having
           duly
           considered
           the
           great
           Services
           and
           Sufferings
           of
           Sir
           
             William
             Courten
          
           and
           Sir
           
             Paul
             Pyndar
          
           for
           the
           Crown
           of
           England
           ,
           and
           their
           Loss
           and
           Damages
           of
           the
           
             Bona
             Esperanza
          
           and
           
             Henry
             Bona
             Adventura
          
           .
           Upon
           the
           application
           of
           the
           persons
           mentioned
           in
           the
           said
           Letters
           Pattents
           ,
           wherein
           His
           Majesty
           declares
           ,
           That
           he
           was
           concerned
           in
           Honour
           and
           Justice
           to
           see
           them
           satisfied
           ;
           after
           a
           years
           examination
           and
           debate
           of
           the
           whole
           matter
           by
           Sir
           
             Robert
             Wiseman
          
           and
           Sir
           
             William
             Turner
          
           ,
           (
           Advocates
           General
           to
           His
           Majesty
           ,
           and
           the
           Duke
           of
           York
           ,
           Lord
           High-Admiral
           of
           England
           for
           the
           time
           being
           ;
           )
           Assistants
           to
           Dr.
           Exton
           upon
           the
           King's
           Command
           in
           that
           Case
           ,
           the
           Grant
           passed
           with
           those
           special
           Clauses
           of
           continuance
           ,
           until
           satisfaction
           of
           the
           Debt
           and
           Damages
           ,
           which
           was
           also
           controverted
           several
           months
           by
           the
           Lord
           Chancellor
           Hyde
           ,
           before
           he
           gave
           his
           Fiat
           ,
           who
           then
           injoyned
           the
           said
           Carew
           to
           give
           a
           Discharge
           to
           the
           Farmers
           of
           the
           Customs
           for
           10000
           l.
           due
           to
           him
           in
           right
           of
           Sir
           
             Paul
             Pyndar
          
           ,
           which
           was
           paid
           to
           Mr
           ,
           
             Charles
             Cox
          
           ,
           Dr.
           
             Robert
             Gayer
          
           ,
           and
           the
           Executors
           of
           Sir
           
             William
             Vdall
             ,
             Elizabeth
             Feilding
             ,
             Joas
             Godscal
             ,
             Henry
             Marsh
          
           and
           others
           ,
           by
           Sir
           
             Edmund
             Turnor
          
           ,
           upon
           the
           Accompt
           of
           Sir
           
             John
             Wostenholme
          
           ,
           Sir
           
             John
             Jacob
          
           and
           Sir
           
             John
             Harrison
          
           ;
           out
           of
           Mr.
           
           Carew's
           allowance
           granted
           by
           the
           King.
           The
           remaining
           part
           whereof
           being
           post-poned
           to
           this
           day
           .
        
         
           In
           the
           same
           year
           
             James
             Boeve
          
           of
           London
           Merchant
           ,
           by
           the
           appointment
           of
           Mr.
           Carew
           ,
           delivered
           an
           authentique
           Copy
           of
           the
           said
           Letters
           Pattents
           to
           Mr.
           Vandam
           ,
           Advocate
           of
           the
           East-India
           Company
           of
           the
           Netherlands
           ,
           and
           
           acquainted
           him
           that
           there
           was
           such
           an
           Authority
           in
           the
           said
           Grant
           ,
           coupled
           with
           an
           Interest
           according
           to
           the
           Law
           of
           England
           ,
           that
           could
           not
           be
           repealed
           or
           revoked
           ,
           without
           satisfaction
           to
           the
           parties
           interessed
           and
           injured
           ;
           and
           therefore
           desired
           him
           to
           acquaint
           the
           Directors
           of
           the
           said
           Company
           to
           consider
           thereof
           ,
           how
           to
           compose
           the
           Difference
           ,
           being
           a
           matter
           of
           great
           weight
           and
           concernment
           .
        
         
           In
           the
           year
           1666.
           certain
           Creditors
           of
           Sir
           
             William
             Courten
          
           ,
           Sir
           
             Edward
             Littleton
          
           and
           Sir
           
             Paul
             Pyndar
          
           importuned
           the
           said
           
             George
             Carew
          
           to
           have
           a
           particular
           Assignment
           of
           a
           third
           part
           of
           the
           said
           Debt
           and
           Damages
           so
           ascertained
           by
           the
           said
           Letters
           Patents
           ,
           in
           lieu
           and
           satisfaction
           of
           their
           Debts
           ,
           that
           amounted
           to
           64320
           l.
           sterling
           ,
           which
           was
           ,
           by
           consent
           of
           all
           parties
           ,
           assigned
           to
           
             John
             Graham
          
           
             Esq
          
           and
           
             John
             Brown
          
           Gent.
           on
           the
           14th
           .
           of
           May
           ,
           1666.
           with
           power
           to
           recover
           the
           same
           by
           force
           of
           the
           Patrent
           ;
           as
           by
           the
           said
           Deed
           and
           Schedule
           of
           the
           Creditors
           Names
           ,
           annexed
           thereto
           ,
           appears
           .
        
         
           In
           the
           same
           year
           several
           Attempts
           were
           made
           to
           reprize
           some
           part
           of
           the
           Debt
           and
           Damages
           in
           the
           Channel
           ,
           and
           several
           Ships
           were
           brought
           in
           by
           force
           of
           the
           said
           Grant
           ,
           but
           in
           regard
           it
           was
           in
           time
           of
           War
           ,
           the
           Dutchmen
           traded
           under
           the
           Colours
           of
           
             Hamburgers
             ,
             Swedes
             ,
             Oastenders
          
           ,
           and
           others
           in
           Alliance
           with
           England
           ,
           that
           there
           was
           not
           so
           many
           Prizes
           condemned
           as
           paid
           the
           Charges
           of
           Equipping
           out
           Ships
           to
           take
           them
           ;
           And
           the
           King
           wanting
           Seamen
           in
           that
           juncture
           ,
           there
           was
           a
           suspention
           of
           any
           further
           Execution
           ,
           until
           times
           of
           Peace
           ,
           if
           the
           Debt
           and
           Damages
           were
           not
           in
           the
           mean
           while
           composed
           by
           the
           States
           ,
           or
           the
           East-India
           Company
           of
           the
           Netherlands
           .
        
         
           In
           the
           year
           1677.
           
           A
           Treaty
           of
           Peace
           and
           common
           Alliance
           was
           concluded
           at
           Breda
           ,
           between
           the
           King
           and
           the
           States
           ;
           wherein
           it
           was
           mention'd
           generally
           ,
           That
           all
           Offences
           ,
           Injuries
           ,
           Damages
           ,
           and
           Losses
           ,
           and
           all
           Actions
           and
           Pretences
           of
           either
           side
           ,
           should
           be
           obliterated
           and
           disannulled
           ,
           and
           all
           Letters
           of
           Reprizals
           ,
           Marque
           and
           Countermarque
           comprehended
           therein
           :
        
         
           That
           although
           the
           persons
           interessed
           in
           the
           Letters
           Patents
           held
           themselves
           not
           obliged
           by
           the
           said
           Treaty
           ,
           nor
           their
           particular
           Right
           included
           ,
           as
           others
           ,
           who
           had
           only
           a
           bare
           ambulatory
           Authority
           ,
           revokable
           at
           the
           King's
           Pleasure
           ,
           yet
           they
           did
           acquiesce
           for
           a
           time
           ,
           being
           unwilling
           to
           obstruct
           the
           King's
           Affairs
           ,
           after
           the
           most
           dreadful
           Fire
           and
           Plague
           in
           the
           City
           of
           London
           .
        
         
           That
           in
           the
           year
           1672.
           upon
           new
           differences
           between
           the
           King
           and
           the
           States
           ,
           a
           second
           War
           was
           proclaimed
           ,
           and
           the
           Treaty
           at
           Breda
           declared
           absolutely
           void
           ,
           and
           of
           no
           effect
           ;
           whereupon
           the
           Proprietors
           and
           Creditors
           addressed
           themselves
           again
           to
           the
           King
           and
           Council
           ,
           That
           His
           Majesty
           would
           be
           graciously
           pleased
           to
           take
           care
           that
           they
           might
           have
           satisfaction
           and
           reparation
           for
           their
           Debt
           and
           Damages
           in
           a
           publick
           way
           ,
           rather
           than
           by
           putting
           the
           Letters
           of
           Reprizal
           in
           execution
           ,
           in
           all
           times
           of
           Peace
           :
           Then
           a
           select
           Committee
           of
           Lords
           of
           the
           Council
           ,
           whereof
           the
           Earl
           of
           Shaftrbury
           was
           one
           ,
           reported
           upon
           a
           Reference
           in
           this
           Case
           ,
           That
           the
           States
           had
           cancelled
           all
           Obligations
           of
           past
           Treaties
           and
           Agreements
           ,
           and
           left
           His
           Majesty
           and
           His
           Subjects
           as
           free
           in
           all
           Justice
           and
           Equity
           as
           if
           they
           never
           had
           been
           made
           ,
           reciting
           the
           said
           Letters
           Patents
           and
           Debt
           stated
           therein
           .
           Wherefore
           it
           was
           just
           and
           seasonable
           for
           the
           King
           to
           insist
           upon
           Reparations
           for
           the
           Loss
           and
           Damages
           aforesaid
           ;
           as
           by
           the
           original
           Order
           of
           Council
           ,
           and
           Report
           thereupon
           (
           ready
           to
           be
           produced
           )
           appears
           .
        
         
         
           In
           pursuance
           whereof
           ,
           instructions
           were
           given
           to
           the
           Plenipotentiaries
           from
           the
           King
           to
           insist
           upon
           intire
           satisfaction
           in
           the
           next
           Treaty
           ;
           Then
           Mr.
           Carew
           having
           procured
           a
           Pasport
           from
           the
           States
           Embassadors
           to
           travel
           through
           Holland
           with
           Mr.
           
             John
             Sherland
          
           ,
           to
           sollicite
           that
           Affair
           by
           Order
           of
           the
           King
           and
           Council
           ;
           they
           were
           apprehended
           contrary
           to
           the
           Law
           of
           Nations
           ,
           and
           committed
           by
           the
           States
           of
           Holland
           ,
           as
           Spies
           ,
           and
           Carew
           condemned
           to
           be
           Executed
           ,
           which
           had
           been
           effected
           if
           Mr.
           Walkendonck
           and
           Advocate
           Sass
           had
           not
           been
           ,
           by
           way
           of
           Retortion
           ,
           committed
           to
           the
           Tower
           ,
           where
           they
           remained
           Prisoners
           during
           that
           War
           ,
           as
           Carew
           and
           Sherland
           did
           in
           Holland
           .
        
         
           That
           in
           the
           year
           1674.
           a
           second
           Peace
           and
           common
           Alliance
           was
           concluded
           at
           London
           ,
           between
           the
           King
           and
           the
           States
           ;
           upon
           a
           Compact
           and
           Agreement
           (
           amongst
           other
           things
           )
           that
           800000
           Pattacoons
           should
           be
           paid
           to
           the
           King
           ,
           at
           four
           equal
           proportions
           by
           the
           States
           ,
           200000
           whereof
           was
           paid
           (
           upon
           ratifying
           the
           Treaty
           )
           to
           
             Alderman
             Backwel
          
           ,
           for
           other
           Services
           ;
           and
           the
           remaining
           three
           parts
           ,
           which
           were
           to
           be
           paid
           in
           3
           years
           following
           ,
           was
           by
           confederacy
           and
           combination
           ,
           between
           the
           
             Earl
             of
             Danby
          
           ,
           Lord
           High-Treasurer
           of
           England
           ,
           and
           the
           States
           of
           Holland
           ,
           assign'd
           to
           the
           Prince
           of
           Orange
           ,
           for
           pretended
           Debts
           of
           his
           Father
           and
           Grandfather
           ,
           contracted
           for
           old
           Arms
           and
           Shipping
           upon
           the
           late
           King's
           Accompt
           ,
           and
           no
           further
           provision
           made
           for
           the
           
             Bona
             Esperanza
          
           ,
           and
           
             Henry
             Bona
             Adventura
          
           ,
           then
           the
           durable
           Grant
           aforesaid
           ,
           for
           Reprizals
           .
        
         
           But
           in
           the
           said
           Treaty
           an
           Article
           was
           projected
           by
           the
           States
           ,
           That
           the
           Treaty
           at
           Breda
           ,
           and
           all
           former
           Treaties
           should
           stand
           in
           full
           force
           ,
           without
           contradicting
           that
           Treaty
           ,
           Chatham
           and
           the
           cancelled
           Obligations
           forgotten
           .
        
         
           The
           Creditors
           and
           Proprietors
           being
           surprized
           at
           this
           sudden
           seperate
           Peace
           ,
           caused
           protests
           to
           be
           made
           to
           the
           chief
           Magistrates
           at
           the
           
             Hague
             ,
             Amsterdam
          
           ,
           and
           all
           the
           principal
           Cities
           in
           Holland
           and
           Zealand
           ,
           That
           if
           a
           considerable
           part
           of
           the
           Pattacoons
           were
           not
           assigned
           for
           the
           present
           towards
           the
           Debt
           and
           Damages
           relating
           to
           the
           said
           Ships
           ,
           they
           should
           be
           necessitated
           to
           put
           in
           Execution
           their
           particular
           Letters
           of
           Reprizals
           ,
           when
           the
           States
           should
           be
           at
           Peace
           with
           all
           Nations
           ,
           that
           common
           clamours
           might
           not
           obstruct
           the
           due
           prosecution
           thereof
           .
        
         
           That
           in
           the
           year
           1676.
           several
           Actions
           at
           Law
           depending
           in
           the
           Ordinary
           Courts
           of
           Justice
           in
           
             Amsterdam
             ,
             Middleburgh
          
           ,
           and
           the
           Hague
           ,
           at
           the
           Suits
           of
           the
           Administrators
           and
           Assignees
           of
           Sir
           
             William
             Courten
          
           ,
           Sir
           
             Paul
             Pyndar
          
           ,
           and
           Sir
           
             Edward
             Littleton
          
           ,
           against
           
             Jacob
             Pergens
          
           ,
           and
           the
           Heirs
           and
           Executors
           of
           
             Peter
             Boudaen
          
           ,
           for
           Monies
           due
           upon
           Bonds
           ,
           Bills
           of
           Exchange
           ,
           Merchants
           Accompts
           in
           Partnership
           of
           Trade
           ,
           and
           Legacies
           ,
           amounting
           in
           the
           whole
           to
           132000
           
             l.
             sterling
          
           ,
           (
           no
           ways
           relating
           to
           the
           said
           Letters
           Patents
           for
           Reprizals
           )
           being
           ready
           for
           Sentence
           ,
           were
           positively
           Interdicted
           ,
           by
           express
           order
           from
           the
           States
           of
           Holland
           ,
           who
           prohibited
           the
           respective
           Judges
           from
           giving
           any
           Sentence
           in
           the
           said
           Causes
           ,
           upon
           pretence
           that
           all
           particular
           Actions
           whatsoever
           were
           discharged
           and
           extinguished
           by
           the
           said
           two
           Treaties
           made
           and
           concluded
           at
           Breda
           and
           London
           as
           aforesaid
           ;
           from
           which
           Arbitrary
           Order
           the
           persons
           Interessed
           appealed
           to
           the
           States-General
           ,
           to
           Reverse
           the
           said
           Order
           ,
           being
           an
           apparent
           Breach
           of
           the
           Laws
           of
           Common
           Amity
           and
           Alliances
           :
           who
           answer'd
           ,
           They
           could
           not
           intermeddle
           therein
           ,
           the
           States
           of
           Holland
           being
           Soveraigns
           in
           their
           own
           Province
           .
        
         
         
           Then
           the
           Proprietors
           and
           Creditors
           appealed
           by
           two
           several
           Petitions
           to
           the
           King
           and
           Councel
           ,
           for
           Justice
           and
           Reparations
           in
           the
           case
           of
           the
           Letters
           of
           Reprizals
           ,
           and
           the
           other
           Civil
           Actions
           depending
           at
           Law
           as
           aforesaid
           ;
           whereupon
           two
           several
           Orders
           were
           made
           on
           the
           24
           th
           .
           of
           July
           1677.
           that
           they
           should
           be
           heard
           on
           the
           10
           th
           .
           of
           October
           following
           ,
           and
           that
           all
           persons
           concerned
           therein
           ,
           should
           attend
           with
           their
           Councel
           and
           Advocates
           ;
           which
           they
           did
           accordingly
           ,
           but
           could
           not
           then
           be
           heard
           ,
           nor
           at
           any
           time
           afterwards
           ,
           although
           they
           often
           and
           earnestly
           solicited
           the
           same
           ;
           more
           especially
           the
           said
           Carew
           ,
           who
           hath
           further
           expended
           5000
           l.
           and
           upwards
           ,
           concerning
           the
           premisses
           ,
           at
           home
           and
           abroad
           ,
           for
           which
           his
           Estate
           in
           London
           and
           Richmond
           is
           in
           Mortgage
           ,
           having
           paid
           Interest
           for
           the
           said
           Monies
           (
           so
           expended
           )
           many
           years
           together
           ,
           to
           several
           eminent
           persons
           in
           the
           City
           of
           London
           .
        
         
           That
           in
           the
           month
           of
           April
           1680.
           the
           persons
           Interessed
           in
           the
           Debt
           and
           Damages
           so
           ascertained
           under
           the
           Great
           Seal
           of
           England
           ,
           according
           to
           Law
           ,
           agreed
           and
           prepared
           to
           fit
           out
           three
           small
           Vessels
           ,
           with
           Men
           and
           Provisions
           ,
           to
           Reprize
           what
           they
           could
           take
           towards
           their
           satisfaction
           and
           reparation
           :
           many
           Orphans
           and
           Widows
           being
           concerned
           in
           the
           same
           ,
           that
           want
           their
           Bread
           which
           is
           eaten
           by
           Strangers
           .
        
         
           Then
           Orders
           of
           the
           Councel-Table
           issued
           out
           to
           the
           Lords
           of
           the
           Admiralty
           in
           an
           Arbitrary
           way
           ,
           to
           stop
           all
           Men
           and
           Ships
           employed
           in
           that
           Service
           .
        
         
           The
           Prince
           of
           Orange
           and
           the
           States
           insisting
           upon
           their
           broken
           and
           cancelled
           Treaties
           ,
           importuned
           the
           Secretaries
           of
           State
           by
           their
           Embassador
           ,
           (
           ignorant
           of
           the
           Laws
           of
           England
           )
           to
           move
           His
           Majesty
           to
           Revoke
           the
           said
           Letters
           Patents
           by
           Supersedeas
           ,
           which
           was
           sent
           into
           Holland
           under
           the
           Great
           Seal
           ,
           without
           calling
           the
           parties
           by
           
             Scire
             facias
          
           Judicially
           to
           plead
           for
           themselves
           ,
           or
           offering
           to
           refund
           any
           of
           the
           Pattacoons
           ,
           (
           resting
           yet
           in
           the
           States
           hands
           at
           Interest
           )
           or
           making
           any
           other
           Compensation
           for
           the
           Debt
           and
           Damages
           aforesaid
           ,
           so
           secured
           by
           Law
           :
           wherefore
           to
           prevent
           a
           failer
           of
           Justice
           ,
           and
           not
           to
           suffer
           a
           President
           of
           such
           dangerous
           consequence
           to
           the
           Rights
           and
           Properties
           of
           the
           Subjects
           of
           England
           ;
           the
           said
           Captain
           
             Compton
             Gwyther
          
           ,
           Commander
           of
           the
           Ship
           called
           the
           
             George
             Bona
             Adventura
          
           ,
           being
           ready
           fitted
           and
           entred
           in
           the
           Admiralty
           ,
           according
           to
           the
           usual
           form
           and
           custom
           formerly
           observed
           ,
           did
           in
           the
           month
           of
           June
           last
           ,
           proceed
           upon
           his
           intended
           Voyage
           ,
           having
           a
           Commission
           for
           that
           purpose
           .
        
         
           The
           said
           Captain
           ,
           after
           many
           difficulties
           ,
           having
           met
           with
           divers
           Storms
           at
           Sea
           ,
           spent
           most
           part
           of
           his
           Provisions
           ,
           and
           sold
           several
           of
           his
           Guns
           and
           small
           Arms
           ,
           in
           Harbour
           ,
           many
           of
           his
           men
           disserting
           him
           ,
           at
           last
           took
           the
           said
           Galliot
           Hoy
           ,
           on
           the
           3d.
           of
           December
           ,
           1680.
           near
           Dungeness
           ,
           laden
           with
           Wine
           and
           Prunes
           ,
           from
           Bardeaux
           ,
           for
           Dort
           ,
           being
           first
           assured
           that
           the
           said
           Ship
           and
           Lading
           belonged
           to
           the
           Subjects
           of
           Holland
           .
        
         
           The
           said
           Ship
           being
           so
           taken
           ,
           and
           the
           Dutchmen
           used
           with
           all
           kindness
           and
           humanity
           ,
           who
           took
           with
           them
           on
           shore
           what
           they
           pleased
           to
           carry
           ;
           the
           Captain
           intending
           to
           send
           the
           Bills
           of
           Lading
           ,
           with
           one
           of
           his
           men
           ,
           and
           one
           of
           the
           Dutch
           ,
           to
           the
           Admiralty
           Court
           in
           London
           ,
           in
           order
           to
           a
           Condemnation
           ,
           keeping
           two
           of
           the
           Ships
           Company
           on
           board
           to
           be
           Witnesses
           to
           all
           their
           Actions
           ;
           but
           meeting
           with
           further
           distress
           of
           Weather
           ,
           was
           forced
           to
           sell
           four
           Tun
           of
           Wine
           ,
           most
           part
           whereof
           being
           upon
           the
           Deck
           ,
           to
           provide
           a
           Pilot
           ,
           more
           Men
           ,
           and
           Provisions
           :
           then
           coming
           to
           Anchor
           near
           Cows
           Castle
           in
           the
           Road
           ,
           the
           Dutchmen
           that
           were
           set
           
           on
           shore
           applied
           themselves
           to
           
             Daniel
             Gyles
          
           ,
           Marshal
           of
           the
           Vice-Admiralty
           in
           the
           
             Isle
             of
             Wight
          
           ,
           promising
           him
           100
           l.
           if
           he
           would
           set
           out
           Boats
           with
           Souldiers
           to
           Re-take
           the
           said
           Ship
           and
           Lading
           from
           the
           said
           Captain
           and
           his
           Men
           ,
           that
           had
           boarded
           and
           taken
           her
           ;
           which
           he
           did
           accordingly
           ,
           and
           having
           seized
           upon
           the
           said
           Captain
           ,
           took
           away
           his
           Commission
           ,
           and
           brought
           him
           and
           the
           seven
           men
           before
           mentioned
           Prisoners
           up
           to
           London
           on
           foot
           ,
           pinnion'd
           together
           as
           Thieves
           and
           Robbers
           ,
           having
           about
           ten
           days
           after
           his
           seizure
           procured
           a
           Warrant
           or
           Order
           of
           Councel
           to
           that
           purpose
           ,
           and
           committed
           them
           into
           the
           Custody
           of
           Mr.
           Lowman
           ,
           Keeper
           of
           the
           Prison
           of
           the
           Marshalsea
           ,
           on
           the
           first
           of
           January
           1680.
           where
           
             William
             Joynes
          
           Marshal
           of
           the
           High
           Court
           of
           Admiralty
           ,
           caused
           Irons
           to
           be
           put
           upon
           them
           for
           some
           time
           ,
           until
           Mr.
           Carew
           desired
           the
           contrary
           ,
           saying
           it
           was
           a
           sad
           return
           for
           all
           the
           Services
           and
           Sufferings
           of
           Sir
           
             William
             Courten
          
           and
           Sir
           
             Paul
             Pyndar
          
           ,
           that
           had
           such
           vast
           Estates
           and
           Credits
           so
           employed
           for
           the
           benefit
           of
           their
           King
           and
           Country
           ,
           unto
           whom
           the
           Crown
           of
           England
           stands
           engaged
           for
           250000
           
             l.
             sterling
          
           .
        
         
           The
           said
           
             Daniel
             Gyles
          
           having
           taken
           the
           said
           Galliot-Hoy
           ,
           with
           her
           Lading
           ,
           out
           of
           the
           possession
           of
           the
           said
           Captain
           Gwyther
           ,
           and
           Company
           ,
           by
           an
           Arbitrary
           power
           ,
           without
           any
           legal
           Warrant
           or
           Authority
           ,
           and
           keeping
           the
           same
           by
           force
           ,
           he
           was
           Arrested
           this
           
           Hilary-Term
           at
           the
           Suit
           of
           the
           Proprietors
           for
           2500
           l.
           damages
           ;
           and
           also
           at
           the
           Suit
           of
           the
           Seamen
           in
           the
           Marshalsea
           ,
           who
           had
           their
           Apparel
           ,
           their
           Armes
           ,
           and
           other
           necessaries
           taken
           from
           them
           by
           the
           Souldiers
           employed
           by
           the
           said
           Gyles
           :
           But
           the
           Judges
           of
           the
           Kings-Bench
           ,
           (
           lately
           questioned
           in
           Parliament
           )
           upon
           the
           Motion
           of
           Mr.
           Pollexfin
           ,
           discharged
           Giles
           upon
           Common
           Bail
           ,
           pre-judging
           the
           said
           Cause
           with
           that
           heat
           and
           partiality
           ,
           threatning
           that
           the
           Captors
           should
           be
           Hang'd
           for
           acting
           under
           the
           said
           Letters
           Patents
           .
        
         
           The
           seizure
           made
           by
           Captain
           Gwyther
           and
           his
           Company
           ,
           was
           not
           done
           
             Felo
             animo
          
           ,
           with
           a
           Felonious
           intent
           ,
           having
           a
           Commission
           in
           the
           nature
           of
           a
           Withernam
           ;
           which
           was
           intended
           to
           be
           brought
           to
           Judgment
           in
           the
           Admiralty
           ,
           by
           a
           determination
           of
           the
           Law
           ,
           according
           to
           his
           Instructions
           in
           the
           Commission
           .
           So
           the
           selling
           of
           four
           Tun
           of
           Wine
           was
           not
           criminal
           ,
           but
           a
           breach
           of
           Trust
           at
           most
           ;
           and
           the
           taking
           the
           Ship
           and
           Wines
           out
           of
           the
           Captains
           possession
           by
           Gyles
           ,
           was
           both
           an
           Assault
           and
           Trespass
           not
           answerable
           ,
           the
           Wines
           being
           wasted
           and
           spoiled
           since
           in
           Sir
           
             Robert
             Holmes
          
           his
           Custody
           .
        
         
           The
           Galliot-Hoy
           whereof
           
             Sebastian
             Jansen
          
           was
           Master
           ,
           did
           belong
           to
           the
           Heer
           Sebastian
           Vice-Admiral
           of
           Rotterdam
           ,
           who
           applies
           himself
           to
           the
           States
           of
           Holland
           for
           satisfaction
           ,
           and
           they
           refer
           him
           to
           the
           East-India
           Company
           of
           the
           Netherlands
           ,
           who
           call
           upon
           Mr.
           Pergens
           and
           Boudaens
           ,
           that
           are
           caution
           to
           indempnifie
           them
           for
           85000
           Gilders
           ,
           part
           of
           the
           damages
           for
           the
           
             Bona
             Esperanza
             ,
             &c.
          
           and
           they
           move
           the
           Prince
           or
           States
           to
           allow
           part
           of
           the
           Pattacoons
           unsatisfied
           ;
           so
           Justice
           follows
           them
           home
           to
           their
           own
           doors
           .
           
             Jurae
             naturae
             equam
             est
             neminem
             cum
             alterius
             detrimento
             &
             injuria
             fieri
             locupletiorem
             .
          
        
      
       
         
           Some
           Remarkable
           Observations
           both
           upon
           the
           Matters
           of
           Fact
           ,
           and
           the
           Law
           on
           the
           whole
           Case
           .
        
         
           
             IT
             is
             very
             remarkable
             and
             apparent
             ,
             by
             the
             very
             Words
             both
             in
             the
             preamble
             and
             the
             body
             of
             the
             Letters
             Patents
             annexed
             remaining
             of
             Record
             ,
             that
             the
             King
             was
             not
             surprized
             or
             mistaken
             in
             his
             Grant
             ;
             But
             that
             by
             the
             common
             Law
             of
          
           England
           
             it
             was
             within
             his
             power
             and
             prerogative
             Royal
             to
             do
             the
             same
             of
             
             common
             right
             to
             his
             Subjects
             ,
             under
             all
             those
             circumstances
             ,
             conditions
             and
             limitations
             therein
             expressed
             and
             declared
             .
          
        
         
           
             The
             persons
             interessed
             in
             the
          
           Bona
           Esperanza
           
             were
             prompted
             (
             in
             the
             year
             1664.
             )
             by
             several
             Ministers
             of
             State
             to
             bring
             in
             an
             Abstract
             of
             their
             Loss
             and
             Damages
             ,
             with
             the
             State
             of
             their
             Case
             to
             the
             Committe
             of
             Grievances
             ,
             which
             was
             done
             accordingly
             ;
             The
             Chairman
             the
             next
             day
             reporting
             the
             same
             to
             the
             House
             of
             Commons
             a
             Vote
             passed
             to
             supply
             the
             King
             with
          
           five
           and
           twenty
           hundred
           thousand
           po
           ,
           unds
           :
           
             After
             that
             other
             supplies
             followed
             ,
             to
             several
             millions
             ,
             besides
             all
             the
          
           Dutch
           
             Ships
             taken
             by
             the
             King's
             Fleet
             ,
             in
             order
             to
             the
             protection
             of
             his
             Subjects
             ;
             for
             all
             which
             ,
             and
             the
             large
             present
             to
             the
             Duke
             of
          
           York
           
             for
             his
             Conduct
             at
             Sea
             ,
             this
             only
             Debt
             of
          
           151612
           l.
           
             was
             stated
             and
             ascertained
             (
             for
             reparation
             with
             costs
             and
             charges
             )
             under
             the
             Great
             Seal
             of
          
           England
           ,
           
             the
             highest
             Security
             of
             the
             Kingdom
             .
          
        
         
           
             It
             is
             very
             observable
             ,
             That
             the
             Proprietors
             and
             Creditors
             ,
             which
             have
             waited
             with
             so
             much
             patience
             ,
             to
             a
             miracle
             ,
             do
             aver
             ,
             That
             since
             the
             King's
             Restauration
             ,
             they
             have
             not
             (
             by
             the
             judicial
             and
             durable
             Grant
             for
             Reprizals
             ,
             nor
             by
             any
             other
             ways
             and
             means
             whatsoever
             )
             gotten
             half
             their
             Expences
             and
             incident
             Charges
             concerning
             the
             Premises
             :
             Wherefore
             they
             humbly
             hope
             ,
             in
             due
             time
             to
             repair
             and
             satisfie
             themselves
             their
             Debt
             ,
             Costs
             and
             Damages
             ,
             by
             force
             of
             their
             Letters
             Patents
             .
          
        
         
           When
           the
           Grant
           passed
           to
           Carew
           ,
           who
           had
           the
           Right
           and
           Administration
           in
           Law
           to
           the
           Damages
           ,
           an
           Authority
           vested
           in
           him
           to
           compel
           the
           payment
           by
           force
           ,
           which
           he
           could
           not
           do
           before
           ;
           It
           is
           not
           a
           bare
           and
           ambulatory
           Authorit
           that
           passed
           (
           as
           in
           every
           ordinary
           Commission
           )
           but
           an
           Interest
           of
           151612
           l.
           coupled
           or
           joyned
           with
           an
           authority
           ,
           whereby
           the
           King
           binds
           himself
           to
           see
           it
           satisfied
           paid
           ;
           and
           the
           Reasons
           and
           Arguments
           why
           it
           should
           be
           so
           ,
           and
           not
           otherwise
           ,
           are
           unanswerable
           .
        
         
           
             1.
             
             It
             's
             granted
             ,
             
               pro
               confesso
            
             ,
             there
             was
             a
             real
             Debt
             and
             Damages
             contracted
             by
             the
             States
             .
          
           
             2.
             
             There
             was
             a
             provision
             made
             in
             a
             publick
             Treaty
             ,
             An.
             1662.
             for
             a
             full
             and
             intire
             satisfaction
             and
             reparation
             for
             it
             .
          
           
             3.
             
             That
             Carew
             ,
             upon
             passing
             the
             Patent
             was
             injoyned
             by
             the
             Lord
             Chancellor
             Hyde
             to
             release
             
               ten
               thousand
               Pounds
            
             due
             to
             him
             out
             of
             the
             Customs
             ,
             in
             discharge
             of
             Sir
             John
             Wostenholm's
             Debts
             ,
             contracted
             upon
             the
             late
             King's
             Accompt
             ,
             which
             were
             
               (
               bona
               fide
            
             )
             paid
             by
             Sir
             
               Edmund
               Turnor
            
             out
             of
             that
             individual
             Money
             ;
             his
             name
             being
             used
             only
             in
             trust
             in
             the
             said
             Patent
             for
             Carew
             and
             others
             .
          
           
             4.
             
             That
             several
             of
             
             Courten's
             ,
             
             Littleton's
             and
             
             Pyndar's
             Creditors
             gave
             up
             their
             Bonds
             and
             Securities
             ,
             for
             an
             assignment
             of
             a
             due
             proportion
             of
             the
             said
             Debt
             so
             secured
             by
             Patent
             ,
             with
             power
             to
             put
             the
             same
             in
             Execution
             ,
             when
             they
             see
             their
             own
             time
             and
             opportunity
             .
          
        
         
           Yet
           ,
           notwithstanding
           ,
           the
           Ministers
           of
           State
           in
           this
           Age
           are
           not
           ashamed
           to
           wound
           the
           King's
           Honour
           and
           Reputation
           by
           their
           Arbitrary
           and
           Extrajudicial
           Orders
           of
           the
           Council-Table
           ,
           with
           a
           pretended
           Supersedeas
           ,
           and
           Proclamation
           ,
           as
           forms
           and
           ways
           of
           repealing
           ,
           recalling
           and
           revoking
           the
           said
           Letters
           Patents
           ,
           so
           solemnly
           obtained
           under
           those
           considerations
           that
           cannot
           be
           extinguished
           ,
           without
           satisfaction
           and
           reparations
           ,
           by
           one
           side
           or
           the
           other
           .
        
         
         
           It
           would
           be
           a
           President
           of
           the
           most
           dangerous
           consequence
           in
           the
           world
           to
           all
           civil
           Society
           and
           Commerce
           ,
           if
           it
           should
           rest
           in
           the
           King's
           Power
           or
           the
           States
           to
           take
           away
           the
           Subjects
           right
           and
           remedy
           ,
           without
           a
           compensation
           .
        
         
           The
           Law
           of
           England
           is
           possitive
           in
           it
           ,
           that
           there
           can
           be
           no
           other
           ways
           to
           repeal
           or
           make
           void
           the
           King's
           Letters
           Patents
           ,
           than
           by
           judicial
           proceedings
           ,
           either
           by
           Inquisition
           or
           a
           
             scire
             facias
          
           ,
           that
           the
           parties
           concerned
           may
           have
           liberty
           to
           plead
           and
           defend
           their
           own
           Right
           ,
           which
           they
           cannot
           do
           unto
           a
           White-Hall
           Supersedeas
           on
           Proclamation
           .
           
             The
             Lord
          
           Coke
           
             in
             his
             Reports
             says
          
           ,
           that
           an
           Indictment
           is
           not
           to
           be
           concluded
           
             contra
             Regiam
             proclamationem
          
           ,
           but
           
             contra
             Leges
             &
             Statuta
             ,
             &c.
          
           for
           the
           King
           cannot
           create
           an
           offence
           by
           his
           Proclamation
           ,
           which
           was
           not
           an
           offence
           before
           ,
           for
           that
           would
           be
           to
           change
           the
           Law.
           
             And
             in
             the
             fourth
             part
             of
             his
             Institutes
             ,
             cap.
          
           8.
           p.
           88.
           
             treating
             of
             the
             Jurisdiction
             and
             Office
             of
             the
             Lord
             High
             Chancellor
             of
          
           England
           ,
           
             and
             the
             Judgments
             concerning
             cancelling
             of
             Letters
             Patents
             by
          
           scire
           facias
           ,
           says
           ,
           Quod
           praedictae
           literae
           patentes
           dicti
           domini
           Regis
           revocentur
           ,
           cancellentur
           ,
           evacuentur
           ,
           adnullentur
           ,
           &
           vacue
           ,
           &
           invalidae
           pro
           nullo
           penitus
           habeantur
           ,
           &
           teneantur
           ;
           ac
           etiam
           quod
           irrotulamentum
           eorundum
           cancelleter
           ,
           cassetur
           ,
           &
           adnihiletur
           ,
           
             &c.
             
             And
             all
             this
             is
             to
             be
             done
             judicially
             ,
             by
             hearing
             the
             parties
             ,
             and
             not
             by
             any
             Order
             of
             Council
             ,
             Supersedeas
             ,
             or
             Proclamation
             :
             which
             the
             King
             or
             States
             may
             do
             by
          
           Scire
           facias
           ,
           
             when
             the
             Debt
             is
             paid
             ,
             recovered
             or
             compounded
             .
          
        
         
           By
           the
           grand
           Charter
           of
           England
           ,
           confirmed
           by
           so
           many
           Acts
           of
           Parliament
           ,
           (
           wherein
           the
           King
           is
           a
           party
           )
           no
           man
           shall
           be
           disseised
           or
           destroyed
           but
           by
           legal
           tryal
           ,
           nor
           Iustice
           denied
           or
           delayed
           ,
           but
           right
           preserved
           by
           the
           Law
           of
           the
           Land
           :
           And
           the
           King
           and
           his
           great
           Ministers
           of
           State
           are
           sworn
           to
           observe
           the
           same
           accordingly
           .
        
         
           Admitting
           a
           Foreign
           Sovereign
           Prince
           ,
           granting
           Letters
           Patents
           for
           Reprizals
           to
           a
           Corporation
           of
           his
           Subjects
           ,
           against
           a
           Sovereign
           State
           that
           had
           spoiled
           them
           of
           their
           Ships
           and
           Goods
           to
           the
           value
           of
           a
           million
           of
           Rix
           Dollars
           (
           under
           the
           same
           circumstances
           )
           that
           the
           Grant
           should
           continue
           effectual
           in
           the
           Law
           ,
           until
           the
           Debt
           and
           Damages
           should
           be
           recovered
           .
           Afterwards
           the
           said
           Prince
           and
           State
           treat
           togethere
           ,
           and
           settle
           a
           common
           Alliance
           ,
           upon
           a
           sum
           of
           Money
           given
           to
           the
           said
           Princ
           ,
           without
           mentioning
           the
           particular
           Grant
           to
           the
           said
           Corporation
           of
           his
           Subjects
           ,
           for
           the
           Rix-dollars
           and
           then
           becomes
           insolvent
           (
           admitting
           the
           said
           Prince
           or
           his
           People
           are
           the
           Debtors
           ;
           )
           And
           the
           Corporation
           (
           unsatisfied
           )
           puts
           in
           Execution
           against
           the
           said
           State
           ,
           the
           Letters
           Patents
           remaining
           inrolled
           in
           the
           Supreme
           Court
           of
           Judicature
           upon
           Record
           ,
           and
           takes
           Ships
           to
           the
           value
           of
           the
           Spoil
           and
           Damages
           mentioned
           in
           the
           Patent
           .
        
         
           
             The
             Question
             is
          
           ,
           Whether
           it
           would
           not
           be
           deemed
           an
           act
           of
           Inhumanity
           against
           the
           Law
           of
           Nature
           in
           the
           State
           to
           prosecute
           any
           of
           the
           persons
           ,
           or
           their
           Agents
           ,
           (
           they
           had
           formerly
           spoiled
           )
           for
           their
           Lives
           as
           Pirates
           ,
           acting
           under
           the
           said
           Patent
           ,
           and
           coming
           under
           the
           Power
           of
           the
           said
           State
           ?
           Or
           whether
           it
           would
           not
           be
           an
           abomination
           and
           most
           horrid
           act
           in
           the
           Prince
           ,
           or
           his
           Ministers
           ,
           to
           prosecute
           those
           for
           Pirates
           ,
           that
           he
           himself
           or
           his
           People
           ought
           in
           Conscience
           ,
           Reason
           and
           Equity
           to
           satisfie
           ?
        
         
           No
           men
           can
           be
           safe
           in
           their
           Lives
           ,
           Liberties
           or
           Estates
           under
           a
           Government
           where
           there
           is
           a
           failer
           of
           Justice
           ,
           that
           the
           Subjects
           cannot
           be
           protected
           according
           to
           the
           Laws
           of
           God
           and
           their
           Country
           .
        
         
           
             Fiat
             Justitia
             ,
             pereat
             mundus
             .
          
        
         
           
             
               Actum
               per
            
             T.
             S.
             
          
           
             
               Feb.
               12.
               1680.