FOr William Noel, Substitute of William Willaston, Ro­bert Houe, Citizens of the Towne of Morlais, Ma­thew Harvey, Richard Bea­uais, Iames Goult, Edward Blancare, Thomas Helcott, and other partners, En­glish Marchants, both Plaintiffes, and Defendants. Against Andrew de Lau­nay, both Defendant & Plaintiffe, and Marteau sub­stitute to the right and roome of Helias Frute, lately deceased, ioyning and interposing himselfe to this [...]; The said Noel and Houe being Denizons and naturalised in France; and the rest of their partners being Englishmen, who haue daily traded there fifteene yeares in the Towne of Morlais: the sayd Noel and Houe, are house-keepers, and the rest held as Inhabitants of the Kingdome, did in October 1620. Fraught & furnish a Barke, called the George, laden with whole packs of linnen cloth, to be trans­ported into England, the said Launay of Roscoff, with his complices, to the number of twelue Rob­bers, [Page 2] by him armed, did follow her with a Pinnace the nineteenth of the said month, and by force and violence, tooke, robbed, and ransackt her at the going out of the Ryver or Haven of Morlais, and stript naked, the Master, and foure Mariners, which were in the same, without any weapons, and set them forsaken, in a desart Iland, barren and dry of any sweet water, but onely with a loafe of rye bread of six pence, with a wicked intent, to starue them with thirst and hunger, as no doubt it had happen­ned, had not God in his providence sent by chance a Fisher-boat that way the fourth day, that tooke them vp, and set them to land almost readie to pe­rish. And as for the said Wares, the sayd Pyrates did vnlade many packes of them by night, at the said Roscoff, and ile of Bas, whereof the sayd Lau­nay, his wife, and children, did dispose at their plea­sure, transporting and hiding them in divers pla­ces, and there caused the sayd Barke to be sent and set a-ground, at Angels Haven, where it was a­gaine pillaged, and finally forsaken, whereof the Kings Attorney taking notice, caused an Invento­ry to be made of the sayd Barke, and goods, and did examine the said Mariners, yea, some of the very Robbers, making his report of it, and seazing vp­on the residue, to be kept and preserved to the vse of the right owners, by which report it is to be seene, that the English did lay clayme to the sayd Barke, and goods, therevpon making their com­plaint, and requiring that they should be set free; and delivered into their hands, wherevpon the said Iudge being fully enformed of the sayd Robbe­ry [Page 3] and Depredation, and that those goods did be­long to those English and French Marchants, by his sentence the thirtieth of October, did fully discharge and res [...]ore them into their hands, having first given good and sufficient Suerties for the price and vallew of them, by expert and skilfull men, and chosen by vertue of his place, as Iudge for his owne discharge and securitie, and so in considera­tion of the sayd Suerties, they received their Barke and goods, and sent and sould them in England, vpon which Informations, there went forth an Order against Laun [...]y, and his Complices, and they were so appeached and indicted, as that they were condemned by a sentence the thirteenth of Iune, 1621. Daniell Rowland, Mandoux les Marec, Father and Sonne, Couault and Conefer, for to be hanged and strangled, and the said Launay with two other men, Galles and Loges, banished for fiue yeares, and solitarily all together, or one of all condemned to restore to the sayd English, nine packes and fardles of the sayd Wares, which had beene landed and set ashore to the same Towne of Roscoff, or els the iust vallew of them, and over and aboue to all their costs and expences, and as for his other Complices, Querovarts, Pallu, and En­habasque, who had broken the Prison, and made an escape: it was ordered, that they should bee pub­liquely summoned to appeare within three short dayes. But to make these pursutes and Iudgements voyde, the sayd Launay fledde to the Councell, where disguising the fact, and against all truth, in­forming them his proceedings had beene but by [Page 4] way of seisure and attachment against the English, and by right of some Letters of Mart, for a Ship of his which hee pretended to haue beene taken from him some nine yeares since by some English Piratts, which he himselfe termeth to be such, in whose taking, he pretended to haue lost some 1200. pound Sterling, and so making himselfe a Plaintiffe, and requiring a discharge of his pre­tended and imiginary Attachment, or extent of the same goods. Wherevpon the parties being called, and appearing before the Councell, the sayd Launay (to giue a better collour to his cause) did practise, and got the sayd late Helias Frute, a Dutch Marchant, to ioyne and interpose himselfe to him in this cause; the sayd Frute having beene once Master of a Dutch Shippe, whereof Sir Iohn Fernes was Captaine. And againe, the sayd Frute calling, and intituling himselfe one of the Direc­tors of a Companie established in France, for the Trading into the East Indies; which Frute this Launay did set of purpose, to require, that the rest of the sayd goods belonging to the said English, might be sold for his satisfaction, and repayment of the summe of 9200. pound Sterling, which hee pretended to haue beene taken from him foure yeares before by some other English Pyrates, for which hee sayd, hee could get no Iustice in Eng­land.

Moreouer, the sayd Laun [...]y and Marteau, substi­tute in the pretended right of Helias Fruit decea­sed, being so ioyned together, did demand the se­cond time, the cassation and disannulling of the [Page 5] sayd criminall proceedings, and sentence of the Iudge of the sayd Lesnevers, to the end that Lau­nay might haue a discharge or release for his owne goods, which were seized and extended by vertue of the sayd sentence and Iudgement: whereupon the said Launay and Marteau got so much fauour, that although the English did proceed in the said Councell but declinatorely (that is to say, standing vpon exception, and refused to bee tryed by that Court) desiring that the cause and parties might be sent back into Brittaine, before the naturall and ordinary Iudges, for execution of their former Iudgements, and in case of Apeale if neede were before the high Court of Parliament of the Pro­vince.

Neverthelesse, without appointing that the par­ties should ever write or enter into any proofes in the maine cause or principall: yea, without so much as hearing them at all theretn, the Priuie Councell was pleased against all formes of Iustice, to pronounce and enact their Decree in the maine cause, the 27. of Ianuary, 1622. which Decree con­trarying and contradicting it selfe, doth award that the whole criminal proceedings, should be brought to the office of the Councell, to doe right vnto the parties, according to reason: and in the meane time the former sentences of death and banish­ment to surcease, with full leaue and power to the sayd Launay, to reside and dwell in the Countrey as hee might haue done before those Iudgements, yea with a generall discharge, and freedome for all his goods seazed by vertue of them, of which the [Page 6] Commissioners or Depositaries shall make him iust account, and giue him the residue or surplus, and without any regard to the sayd sentence of the thirtith of October, 1620. whereby the English had a discharge and a release of their Barke and goods, they did order that without any preiudice or hin­derance to the maine cause and principall, and ra­to prevent the decay and perishing of the wares, both the wares and Barke should bee sould at Saint Malloes, to the vttermost, and the price thereof put into the hands of sufficient Marchants, on whom the parties should agree before the Commissioner; who should transport himselfe in those places, and that as well the English parties, as their sureties, and Depositaries should be constrained to represent the sayd Barke and goods in paine of imprison­ment.

Against this so extraordinary Decree, both the said English and French parties sought their re­dresse by petition, as well because that Decree is all formes and custome, because they did contest; but declinatorily, and by way of exception: a difficulty which was first to be discussed, and yet it doth pronounce and decide at once vpon the main and principall. Whereupon there was yet no con­testation: as also that it is wholly contrary to it selfe. First in so much as it being ordered, that the whole criminall cause should bee brought, that right might bee done vnto the parties accordingly, if followeth, that there could no right be done to them till it had beene brought and answered. Se­condly, is there any thing more contrary to it selfe, [Page 7] then to order that without preiudice to the right of the parties, in the principall, and to prevent the decay and perishing of the seazed goods, and with­out any regarde to the sentence of the thirtith of October, by which the English had got a discharge and release of their owne goods and Barke, in gi­ving good and sufficient sureties. Now all those things shall be sould, and the monies issuing out of it, sequestered into the hands of sufficient men, and that as well the English as their Sureties shall be forced to represent all those old goods, euen by restraint of their owne persons, or can there be any more hurt or preiudice done to the English, and French parties, then to force them meere im­possibilities, in representing that which was sould, and gone a whole yeare before, by vertue of their discharge and release, or else to force them to bring backe againe and consigne the value of their owne goods, and that the Commissioner shall transport himselfe so farre, with great expence for the exe­cution of all this: was it not sufficient that the English had given Sureties, and was not that equi­volent to an evaluation and consignation of the price of the sayd goods, and what greater decay and deperishing could happen more then the costs and expenses, for the execution of the sayd Decree, and the great losses and damages that the sayd English haue suffered. For the Commissioners be­ing come to the place with Launay and Marteau, and at their suite (who for their part confined not any thing for the iourney) finding that the sayd Barke and goods were no more to bee found, in [Page 8] stead of contenting themselues with their former Sureties, and of a new supply of others, offered by the said English, whereof hee should haue made his report to the Councell, he caused out of hand many other Ships to be seazed and stayed, laden with store of marchandice, belonging as well to the sayd English Marchants, as to diverse others of ther nation, their Chambers to bee lockt and sealed, hindering the transport of all marchandi­ses, and causing all trade and commerce to cease, during his aboad of sixe weekes long in the towne: yea more, caused the sayd English and French Fac­tors, and their Sureties to bee arrested and impriso­ned, for not representing of the sayd Barke and goods, so that as well to redeeme themselues and their Sureties, from the imprisonment of their bo­dies, and to procure their liberties againe, as also to haue a release and discharge for those shippes and goods newly seazed vpon, that were constrai­ned to suffer a new rate and valuation of their old Barke and goods, to bee made to the smmme of 1854. pound sterling, and to deposet the sayd sum (though most impertinent) seeing the first estima­tion made of the goods alone, was 1714. pound sterling, and that the interest of Launay in his pre­tended losse, by the English Pirate was by himselfe claymed to be but 1200. pound sterling. Now vp­on this summe of 1854. pound, the Commissioner tooke some 300. for fees and taxations, as well for himselfe, his Clarke, and Register in the said Com­mission, as for the Counsellors, and Atturneys of the parties, & even for those of Launay and Marteau: [Page 9] yea, for the very Sergeents which were imployed for the imprisoning of men, seazure and sale of the goods of one William Baskrvile, lately deceased, be­ing one of the English partners, which goods were sould for the said consignation, by this meanes the Commissioner caused onely the English to beare the burden, notwithstanding all their former losses almost inestimable, which amount to more then 5000. pound sterling, onely in this last seazure and retention of their ships, discontinuation and cessa­tion of trade and Commerce, which rigorous kind of proceeding did so seaze the heart of poore Bas­kervile, one of the most interressed in the businesse among the parties, that hee dyed for the meere griefe of it, within two dayes, as is witnessed by the very report of the Commissioner, who vpon com­plaints of the rest of the English, had sent backe a­gaine all the parties to the Priuy Councell. Where­upon, to witnesse the lawfulnes of their iust plants, and the whole truth of all the premises, the Eng­lish haue caused the sayd criminall cause and sen­tence against Launay and his complicies, to bee brought, together with the report and relation of of the sayd Commissiouer, which doth proue and iustifie all that which is aforesayd, and shewes that the fact of Launay and his Complices, is but a meer robbery and pyracy, not any action of Mart or re­prisall, and that the sayd Decree of the Counsell, with the execution thereof, hath been such a great and notorious hurt and damage to the English, as it cannot bee coloured nor maintained. Moreover, to prooue that this robbery cannot by any meanes [Page 10] be cloaked with any title of Mart, or reprisall. The English doe represent three things.

First, The Peace and Amitie betweene the two Kings, during which, and the libertie of Com­merce and Trade; it is an absurd and contradicto­ry thing, to talke of Mart or reprisall.

Secondly, They produce the Articles of Peace, agreed vpon betweene their Maiesties, whereby it is most specially concluded, That all Letters of Mart and Reprisall, which before then had beene graunted by any of the two Kings, shall absolutely surcease, without being put to any execution, as well of one side as of the other, and that for the time to come, there shall not any more be graun­ted, but that the Ambassadours shall respectiuely haue warning of it before hand, and those Letters be seene and well considered in the Councell of both Princes, sealed with their great seales, and generally, all the solemnities in such case required be well observed.

Thirdly, Launay, and his complices cannot pre­tend any right of Reprisall, since they are not bea­rers of, nor vpheld with any such Letters at all, granted either with any of the former solemnities, nor in any other manner howsoever, so that this fact cannot otherwise be called, but meere robbe­ry, and pyracy, for all these reasons, therefore the sayd English doe conclude, and require by their said Petition, that the sayd Decree of the Councell of the twentie-seaventh of Ianuary last, and all that therevpon is ensued, bee altogether revoked, ca­sheired, and disanulled, and in stead thereof awar­ded, [Page 11] that the said summe of 1854. pound Sterling, which they haue beene constrained to deposet, as well for their liberties, and their Suerties, as for the release of their Shippes and goods seazed, and from them detayned, shall be wholly restored vnto them, as well by the said Launay and Marteau, as by their Serieants, Advocates, Attorneyes, Depositaries, and others, which haue any wayes touched any part of it, every one according to their severall rates and portions, and so doing it may be ordered, that the Depositaries and Snerties shall remaine fully free, and altogether discharged, as also the sayd Launay, and his complices, with Marteau and his partners, condemned in all the cost, damage, and in­terest, of the sayd both English and French Mar­chants, and so all with Launay, and his complices sent backe againe; before such Royall Iudges in those places, as his Maiestie will be pleased to ap­poynt, for the execution of their said former sen­tence and Iudgements, as well Criminall as Civill, of the sayd Iudge of Lesnevers, with reservation of Appeale, (if need be) to the high Court of Parlia­ment in Brittany.