The Objections of the Le­vant Company an­swered.

Object. 1. THat their Imprisonment of Sir Sa. and their sei­sure of his Estate, was in their own defence; for imprisoning their Factors, and seisure of all their Estates: for that (otherwise) he would have devoured them.

Answ. 1. Sir Sa. (by his Commission, the Grand Seignors Capitulations, the Custom of that Embassie, and by his Articles with that Company) was the authorised Governor and Judge in all Causes, there, belonging to this nation; and thereby might justifie the imprisonment of any English man under the Charge, or the Sequestration of any of theirs, or their Factors Estates, on a lawfull occasion; and says, that the Companies resistance, in such case, was not only un­lawfull, but destructive to Government it self.

2. That, though he had a just occasion, yet he denies, that he did ever imprison their Factors, or sequester their Estates, but says, that by a particular Covenant with the Company (a­mongst other things) he being obliged to cause all their pub­lique [Page 2]orders to be observed, (and one of them being, that (when any debt should arise in Turkie, payable by the Compa­ny) he should cause the same to be levyed by an equal Average, on all the English Estates in the place.) In Anno 1645. the Companies Debts being cast up by their Officers there, and a Leviation agreed on to be made by their Factors, for the payment of that debt, (According to the Companies publique Or­ders and Customs in that behalf) some particular Members of that Company, contrary to their Publique Rules, gave Order to their respective Factors, not to pay their parts thereof, ex­cept by force.

3. Which comming to the Creditors eares (being most of the Grand Seignors Subjects) they soon repaired to the Turkish Justice, and upon Sir Sa. promise at the Nations intreaty (after the Leviation agreed) to see them satisfied, the Creditors would have made him responsible for the others Debts.

4. Whereupon the Business comming before the publique Divann, the Vizier sent forth his Officers to demand the Debt of the Nation, imprisoned the Persons, and sequestred the Estates of such as refused to pay their parts, (which was but Justice in him on the Factors defaults.)

5. And whereas in such Case, the Vizier might have sent them to the Common Gaol (in favour to Sir Sa. on their behalf) he sent them only to his House, untill they should cause the moneys owing by them to be paid.

6 Where they were so far from being kept as Prisoners, that they had a plentifull Table kept for them, all the while apart, at Sir Sa. his charge, and (upon his Paroll to the Vizier) had liberty all the day time to go about their own Occasi­ons.

7. But during the time of their stay there (which was near a month) those refractory Factors were so far from paying their Debts, that (pretending Orders from their Principals to the contrary) they joined together, and (by a greater Levi­ation than before, made on the Trade and Nation) they bribed the Turks, procured Sir Sa. to be supended from the duties of his Charge, and (before any intimation given to, and without any Authority from this State) by their own Election procured a [Page 3]Common factor of the place, to be made their Agent, in Sir Sa. his steed; and by force of Money so continued him suspensed, seazed his estate, sequestred his profits, and prosecuted him at the Turkish Law, for 15. months together, before Sir Thomas Bendish his arrival.

8. During which time, he was so bound up by their Agents bribes, and the Turkish power, that he had no means to offend the Company; and from the beginning of his Embassie, till that time, it will appear by their own letters (besides many a thanks from them, for his care of their Affaires) that they had no que­stion with him, but about the Strangers Consulage (a valuable perquisite of that Embassie worth 4. or 5000 l. per annum, which the Company would fain have had from him) and was really the Original, if not the only ground of all disputes, be­tween them, as themselves in some of their own Letters Con­fesse.

9. Which if made good (as Sir Sa. is punctually able to prove) there was certainly so little ground or cause for a defence on the Companies part, that the offence will appear to be wholly on their sides, and that Sir Sa. was only the Defendant, Ab origine, as he hath been all along (and as at this day he is.)

Object. That by orders under Sir Sa. his hand, and otherwise, they have proved, the first offence to have been given by him; and that his witnesses have been also heard.

Answ. 2. Upon this bare pretence, Sir Sa. hath been prosecuted by the Company these ten years past, and more, and what ever they may pretend, they have not in all this time produced one witness, but parties to their Complaint.

1. And though these witnesses (under a like pretence that the bu­sinesse may perhaps prove criminal in the issue) be admitted de bene esse only by the Committeee (to whom the Cause is now referred for examination) yet on the other side Sir Sa. hath not to this day examined one witnesse through on his part; so, no judgement can be given, nor report yet be made by the Com­mittee, wherefore to judge him before a full examination, were to conclude him ex parte.

2 And lastly for Answer to those warrants, which the Compa­ny say they have produced under his own hand (and he denies not to bee his) he doubts not, by some Clauses and reserves in those very warrants, and Instructions (without other help) to free himself from this objection, or any Act of force on his part ef­fected (or so much as intended) by him against the Company or any of theirs, these orders being prepared only and lodged in his Servants hands, in order to his own defence, and by way of prevention only, of that force which hee was advertized, the Company intended against him, and their factors soon after discovered, And put upon him; (some time before those war­rants came to light) by means whereof never any thing was put in execution, nor ought Acted by his Servants, or by vertue of his said directions, upon the Factors or any of their e­states.

Object. 3. That Sir Sackvile sues the Company for that, which the Par­liament warranted and avowed them in, and they Acted but as Servants to the Parliament.

Answ. 1. The Parliaments Commitment of Sir Sa. (upon their bare and sole Complaint) after his arrival in England, will hardly amount to a justification of what they did to him in Turky; unles they make good that complaint on which he was committed by the Parliament after his arrival here.

2. But if the Company can produce any other warrant or avow­ment from the Parliament, for their causing him to be suspen­ded (as before recited) either before Sir Thomas Bendishes arival at Constantinople, or for the imprisonment of his person, and their seizure of his estate there, (after Sir Tho. Bendishes coming) or plunder of his house &c. (which hereafter will come to be re­lated) he offers readily (and without regret) to withdraw his sute at the Law, where his action for the present is, for their false Imprisonment there and by the way only, and his Dama­ges.

Object. 4. That under the Notion of the Act of Oblivion, he pretends Indempnity for all his offences, Criminal, and under that [Page 5]protection, granted him by the Committee, he shrowds himself from their particular Actions, whilst he sues them at the Law, for those things whereof he pretends indem­nification.

Answ 4. Though he hath not hitherto pleaded that Act (nor in this Cause conceives he shall have any occasion) yet he hath no reason to lay by any part of his Armour against so implacable and powerful an Enemy; knows not why his pleading that Act should barr him from prosecuting any of his particular Debts, Nor in the mean time can his assuming of that privi­lege from the Committee be any barr to any of them, or any of their private Actions against him: Neither doth he (nor shall he ever) make any other use of that protection from the Com­mittee, than intended by it, for his security, in order to his de­fence, during the dependence of the cause before them; And when ever the Company shall desist there or withdraw their Complaint in Parliament, he shall not refuse to appear to any Action of theirs at law; And till then, holds it not reasonable to be lyable to answer the same things in two Courts of Justice at once.

Object. 5. That he was an Enemy to the Parliament, and divers of their Welwishers, particularly marked out by him for ru­ine.

Answ. 5. Though Companies (Especially this) are confident e­nough, and because they cannot blush, may say what they please, yet these have not hitherto taken the liberty to assert any such thing against Sir Sa. in any of their publike Com­plaints, or Petitions to the Parliament, but by private whis­pers and insinuations: Nor have they otherwise proved any thing, tending to that end, but by surmise, and without know­ing hitherto, what he is able to answer for himself: And in [Page 6]the mean time upon hearsay or Suspition for any to condemn another, were a great Injustice, though perhaps merely for his Relations and obligations to the former Court) there may be some grounds for this Suspition; which also in the Is­sue will prove rather an injurious Malice and Imagina­tion, than any thing of Reality and Truth.

Object. 6. That he resisted the Authority of Parliament, in opposing Sir Thomas Bendish sent Ambassador by them.

Answ. 6. Sir Sa. denies he ever opposed Sir Thomas Bendish, though he confesses he did not help him; nor had reason, except bet­ter warranted, than he ever could discover to himself to be to this day, he conceiving the Company not able to prove, that Sir Thomas had any full Orders or effectual Commission from the Parliament to be either the Ambassador extraordinary, or Ordinary, for this Nation, with the Grand Seignor; the Ordinance of Parliament produced by them, directs his going Ambassador, or Agent, or Consull for the Merchants Af­fairs, not for the States; and this without any Supersedeas to Sir Sa. his Commission, or mention of this Revocation in it, or in any other Order by the Parliament, that he ever saw or heard of. And Sir Tho. his Commission (if he had any at all, any legal one) ought to have been agreeable to that war­rant whereon it was grounded, which Sir Tho. his was not.

2. But if Sir Thomas had any such Commission; yet if he ne­ver shewed it, how could Sir Sa. be said to disobey it? the truth is, he never shewed it, nor pretended to any, but the late Kings Commission, which he refused also to shew, or any other war­rant, for his Mission, when needfull, and required by Sir Sa.

3. Besides those Credentials delivered to the Vizier, brought with him for his Introduction, were under the High Commission Seal, and Queen Elizabeths Arms (when [Page 7]that Office had been cast down by Parliament two years be­fore) And those Seals never before that time seen beyond the Seas.

4. And that Letter, which he brought for Sir Sa. his Revo­cation, was under a doubtfull, and no more authentique a Seal than the other, defaced at least, and so the Signature also, if not counterfeit.

5. So that the whole frame of his pretended Embassie, and every step of his toward it, being justly to be suspected (Sir Thomas not being able to prove so much as his Mis­sion, and refusing to shew his Commission) with the expence of 35000 l. levied on the Trade, and Nation, allowed (if not warranted) by the Company, purchased his Introduction, and (into the Bargain) the person of Sir Sackvile to be rendred into his and the Companies pow­er, and thereon instantly (and without Warrant or Au­thority from the late King, the then Parliament, or this State) sent him Prisoner for England, plundred his House, seised his Cancellaria, possest the Papers of his Embassie, Evi­dences of his Estate, turned his Wife, Children, and Fa­mily out of their Mansion House, and in a barbarous manner sent them after.

However upon these, and other like false suggestions by the Company, (to prolong their Sute) and after a ten years Imprisonment (hitherto without proof) through their Publique Clamours, and the Parliaments mis-informa­tion, and their Incognisance hitherto of the Truth, by Or­der of the first of May last, his Tryal at the Law (after Li­cence from the Protector, and Parliaments permission) was stopped, (Just when all his Witnesses were brought up to Town, some of them one hundred, and others two hun­dred miles off, the Jury summoned, his Council feed, and all things ready for a Hearing.)

Which being contrary to all Presidents, constant Rules, and Declarations of all former Parliaments, he humbly yet [Page 8]hopes (upon their better Information may be redressed.) And (notwithstanding his being under Reference up­on any Subjects pretence against him whatever) that he may yet enjoy the Privilege of a Free-man, till con­demned, and by their favour be left at liberty to sue his particular Right at the Common law; The benefit whereof was never yet denied to any, that had not Iu­dicially forfeited it, which he is confident to affirm, hath not hitherto been made good; nor (by the as­sistance of, and Iustice of the Committee) will ever be pro­ved against him.


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