A breviat for the defendants upon a scire facias, to repeal or make void the letters patents, under the Great Seal of England (hereunto annexed) for reprisals, against the States General, and their subjects, for 151612 l. with costs and damages, as recited in the scire facias; unto which the defendants have pleaded and joined in demurrer, this Easter term, 34. Carol. sedund. pro ut, &c.

A breviat for the defendants upon a scire facias, to repeal or make void the letters patents, under the Great Seal of England (hereunto annexed) for reprisals, against the States General, and their subjects, for 151612 l. with costs and damages, as recited in the scire facias; unto which the defendants have pleaded and joined in demurrer, this Easter term, 34. Carol. sedund. pro ut, &c.

Table of contents

§

Some Reasons and Arguments, why the Letters Patents ought not to be Repealed or Vacated, upon this Scire Facias, before satisfaction made to the Grantees.

§

[Page]

A BREVIAT for the Defendants; Dom. Rex, vers. Carew, & alias, in curia Chancela.Upon a Scire Facias, to Repeal or make void the Letters Patents, under the Great Seal of England (hereunto Annexed) for Reprisals, against the States General, and their Subjects, for 1516121. with Costs and Damages, as recited in the Scire Facias; unto which the Defendants have Pleaded and joyned in Demurrer, this Easter-Term. 34. Carol. secund. pro ut, &c.

THE Defendants Pleaded to the Scire Facias in Easter-Term, 1681. Reciting the Letters Patents, in haec verba; Charles the Second, &c. not doubting but that Sir Robert Sawyer, the Kings Attorny General, had been satisfied therewith, and that the Letters Patents ought not to be Repealed or made void, upo [...] that Writ of Scire Facias, without satisfaction made to the Grantees.

But the Attorny General having lately put in a Demurrer to the said Plea, unto which the Defendants rejoyned, so that the Record being made up and read in Court, on Saturday last, the 20th. of this Instant May, 1682. (consisting of five large Skins of Parchments; The Lord Chancellor was pleased to appoint Tuesday following to argue the same; Declaring, That he would give Judgment thereupon on Saturday next, although Mr. Wallop and Mr. Whitlock, the Defendants Council, prayed longer time to consult thereon, for that a Copy of the Record could not be made in that time.

Divers Debates in this Affair passed the High Court of Admiralty, the Council Table, the Commons of England, in Parliament, and the Deputies of the States General several years together, before it was brought into this Solemn and judicial Grant of Letters Patents, and therefore worthy of that consideration, to be Argued solemnly before the Lord Chanchellor of England, for his Judgment therepon; and the rather because the KING himself says, in the Body of the Patent, That he is bound in Justice and Honour to see the Debt and Damages Satisfied and Repaired; which is not done in the least measure to this day.

It may be considently affirmed (all circumstances considered) That there was never two such Families as Sir William Courten and Sir Paul Pindars, that merrited so much from the Crown of England, so Barborously used abroad, and so much neglected at home.

The Attorny General, by his Demurrer, admits all to be true in the Defendants PLEA, That nothing was paid to the Defendants, or recoverd of the said Debt and Damages, out of the Prizes, taken by the Kings Ships, or out of the 800000 Patacoones, mentioned in the PLEA, (and ingrossed by the Prince of Orange and others,) or by any other money from the States of Holland, or the East-India Company of the Netherlands.

The Defendants cannot admit any thing in the Scire Facias, to be effectual in the Law, against the force of the Grant in the Letters Patents (quo usque) until the Debt and Damages with Costs be recovered and satisfied; although a Treaty at Breda is urged in Bar against the Defendants; Dated 21th. of July 1667. as recited in the Scire Facias, but no Inrolment thereof, that the Subjects might resort thereunto according to Law, and it ought to be made a Record (otherwise it cannot any ways invalide this Grant; However, such a particular Right cannot by Law be taken away, by any Publick Treaty: Then Mr. Attorny General farther says, That the Treaty at Breda was Renewed, Ratified and Confirmed, by a second Treaty, Proclamed and Published, and also mentions a pretended Supersedeas, Dated Sexto die Junij, in the 32 year of the King, but recites no Records or Inrolments thereof, in regard they erroneously recite the names of some persons for others.

Some Reasons and Arguments, why the Letters Patents ought not to be Repealed or Vacated, upon this Scire Facias, before satisfaction made to the Grantees.

1. IN the Case of a Spoyle, there is no other remedy but REPRISALS, which are in the nature of a Withernam, and if the Remedy be taken away, the Right is suspended; which the Law will not admit in any Case that there should be a failer of Justice. The Laws and Statutes of this Realm are positive in this Case: In the 27th of Edw. 3. cap. 17. the Act of Parliament says, That if Merchants of England, shall be indamaged or spoyled at Sea, by the Subjects of any other Prince, they shall have the Law of Marque or Reprisals, without Fraud or Deceit. Which Expresses and Imploys an effectual Releif for the Debt and Damages, and the scire facias cannot have any Influence upon the Letters Patents, there being no such persons therein concerned as is mentioned in the Record, upon which Issue is joyned.

The Law of Nations, so soon as the Damages are made Evident, and the Grant passed for Recovery, Invests the Debt in the Grantee, as an Inviolable Right, to be Repaired upon the Nation, whose Subjects did the Wrong, wherefore the Creditors and Grantees in this Case would be left in a miserable Condition, after the Expence of Ten Thousand Pounds and upwards, to acquire the Grant by such steps and measures as they have taken, if it should rest in the Kings Power (without any satisfaction to the persons interessed and injured) to Retract his own Act passed upon such valuable Considerations, and wherein he was not deceived in his Grant, that coupled an Interest with an Authority, as the Law directs of common Right, for Relief of his Subjects.

The Hollanders pretend, That the King in Justice and Honor is oblieged to pay the Defendants the Debt and Dammages (out of the 800000 Pattacoons) which hath been so useful to his Majesty, but the Grantees and others clayming under them, have patiently expected & sought after Reparations by the ordinary means prescribed by Law, putting both his Majesty, the States General, and the Prince of Orange in Mind, by taking some small quantities of Corn and Wine, for their Refreshment (which was by Force and Power indirectly, taken from them again) and the Poor Seamen Tryed for Fellony and Piracy, for seeking after their Goods by Lawful Authority; yet the Defendants are ready to take any Reasonable Satisfaction from either Party, and give up the Letters Patents, concerning the Spoyles and Depredations mentioned therein, not excluding Themselves from pursuing their Right at Law, upon Civil and personal Actions depending in Holland and Zealand, upon other Accounts, Bills of Exchange, and Obligations for Monys Lent, wherein the Opinions of the Lord Chancellor, the late Lord Chief Justice Rainsford, and the Lord Chief Justice North, were transmitted to the States, affirming, That Justice ought to be administred in those Cases, according to the Laws of England, where the Contracts were Originally made. And in the mean time be obliged to make no further Entries of Ships to put in Execution the said Letters Patents, for Reprisals until the scire facias, Plea, Demurrer, and Rejoynder be Solemnly argued on both Sides, according to Common Justice for Judgment of the Court, or that any other Expedients may be found out how the Debt and Damages may be repaired and satisfied. That the History of this woful Cause may not rise up in Judgment in future Ages, against those that have eaten the Bread of Grieved and Oppressed Orphants and Widdows.

Actum, May 22, 1682.

Information about this book

Title statement

A breviat for the defendants upon a scire facias, to repeal or make void the letters patents, under the Great Seal of England (hereunto annexed) for reprisals, against the States General, and their subjects, for 151612 l. with costs and damages, as recited in the scire facias; unto which the defendants have pleaded and joined in demurrer, this Easter term, 34. Carol. sedund. pro ut, &c.

Edition statement

1682

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI ; Oxford (UK) :

Date

2009-10 (EEBO-TCP Phase 1).

ID [DLPS]

B01772

ID [STC]

Wing B4408A

ID [STC]

ESTC R229408

ID [EEBO-CITATION]

52612393

ID [OCLC]

ocm 52612393

ID [VID]

179334

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Early English books online.

Notes

(EEBO-TCP ; phase 1, no. B01772)

Transcribed from: (Early English Books Online ; image set 179334)

Images scanned from microfilm: (Early English Books, 1641-1700 ; 2785:6)

Source

— A breviat for the defendants upon a scire facias, to repeal or make void the letters patents, under the Great Seal of England (hereunto annexed) for reprisals, against the States General, and their subjects, for 151612 l. with costs and damages, as recited in the scire facias; unto which the defendants have pleaded and joined in demurrer, this Easter term, 34. Carol. sedund. pro ut, &c.,

Extent

1 sheet ([1] p.)

s.n., 1682]. [London :: (Caption title.) (Imprint from Wing.) (Dated at end: May 22. 1682.) (Reproduction of the original in the University of Texas, Austin Library.)

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