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<DATE>2008-09-05</DATE>
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<NAME>Mona Logarbo</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B080714.pdcc.</ITEM>
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<STC T="W">B4408A</STC>
<BIBNO T="oclc">52612393</BIBNO>
<VID>179334</VID>
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<DIV1 TYPE="text">
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<ARGUMENT>
<P><HI>A BREVIAT for the Defendants;
<NOTE PLACE="marg">Dom. Rex, ver&s;. <HI>Carew,</HI> &amp; alias, in curia Chan|cela.</NOTE> Upon a</HI> Scire Facias, <HI>to Repeal or make void the</HI> Letters Patents, <HI>under the Great Seal of</HI> England (<HI>hereunto Annexed</HI>) <HI>for</HI> Repri&s;als, <HI>again&s;t the</HI> States General, <HI>and their Subjects, for</HI> 1516121. <HI>with</HI> Co&s;ts <HI>and</HI> Damages, <HI>as recited in the</HI> Scire Facias; <HI>unto which the Defendants have Pleaded and joyned in Demurrer, this</HI> Ea&s;ter-<HI>Term.</HI> 34. Carol. &s;ecund. pro ut, &amp;c.</P>
</ARGUMENT>
<P>THE Defendants Pleaded to the <HI>Scire Facias</HI> in <HI>Ea&s;ter</HI>-Term, 1681. Reciting the Letters Patents, <HI>in haec ver|ba; Charles</HI> the Second, <HI>&amp;c.</HI> not doubting but that Sir <HI>Robert Sawyer,</HI> the Kings Attorny General, had been &s;atisfied therewith, and that the Letters Patents ought not to be Repealed or made void, upo<GAP DESC="illegible" REASON="damage" EXTENT="1 letter"> that Writ of <HI>Scire Facias,</HI> without &s;atisfaction made to the Grantees.</P>
<P>But the Attorny General having lately put in a Demurrer to the &s;aid Plea, unto which the Defendants rejoyned, &s;o that the Record being made up and read in Court, on <HI>Saturday</HI> la&s;t, the 20th. of this In&s;tant <HI>May,</HI> 1682. (con&s;i&s;t|ing of five large Skins of Parchments; The Lord Chancellor was plea&s;ed to appoint <HI>Tue&s;day</HI> following to argue the &s;ame; Declaring, That he would give Judgment thereupon on <HI>Saturday</HI> next, although Mr. <HI>Wallop</HI> and Mr. <HI>Whitlock,</HI> the Defendants Council, prayed longer time to con&s;ult thereon, for that a Copy of the Record could not be made in that time.</P>
<P>Divers Debates in this Affair pa&s;&s;ed the High Court of <HI>Admiralty,</HI> the <HI>Council Table,</HI> the <HI>Commons</HI> of <HI>England,</HI> in Parliament, and the Deputies of the States General &s;everal years together, before it was brought into this Solemn and judicial Grant of Letters Patents, and therefore worthy of that con&s;ideration, to be Argued &s;olemnly before the Lord Chanchellor of <HI>England,</HI> for his Judgment therepon; and the rather becau&s;e the KING him&s;elf &s;ays, in the Body of the Patent, <HI>That he is bound in Ju&s;tice and Honour to &s;ee the Debt and Damages Satisfied and Repaired;</HI> which is not done in the lea&s;t mea&s;ure to this day.</P>
<P>It may be con&s;idently affirmed (all circum&s;tances con&s;idered) That there was never two &s;uch Families as Sir <HI>William Courten</HI> and Sir <HI>Paul Pindars,</HI> that merrited &s;o much from the Crown of <HI>England,</HI> &s;o Barborou&s;ly u&s;ed abroad, and &s;o much neglected at home.</P>
<P>The Attorny General, by his <HI>Demurrer,</HI> admits all to be true in the Defendants PLEA, That nothing was paid to the Defendants, or recoverd of the &s;aid Debt and Damages, out of the Prizes, taken by the Kings Ships, or out of the 800000 Patacoones, mentioned in the PLEA, (and ingro&s;&s;ed by the Prince of <HI>Orange</HI> and others,) or by any other money from the States of <HI>Holland,</HI> or the <HI>Ea&s;t-India</HI> Company of the <HI>Netherlands.</HI></P>
<P>The Defendants cannot admit any thing in the <HI>Scire Facias,</HI> to be effectual in the Law, again&s;t the force of the Grant in the Letters Patents (<HI>quo u&s;que</HI>) until the Debt and Damages with Co&s;ts be recovered and &s;atisfied; al|though a Treaty at <HI>Breda</HI> is urged in Bar again&s;t the Defendants; Dated 21th. of <HI>July</HI> 1667. as recited in the <HI>Sci|re Facias,</HI> but no Inrolment thereof, that the Subjects might re&s;ort thereunto according to Law, and it ought to be made a Record (otherwi&s;e it cannot any ways invalide this Grant; However, &s;uch a particular Right cannot by Law be taken away, by any Publick Treaty: Then Mr. Attorny General farther &s;ays, That the Treaty at <HI>Breda</HI> was Renewed, Ratified and Confirmed, by a &s;econd Treaty, Proclamed and Publi&s;hed, and al&s;o mentions a preten|ded <HI>Super&s;edeas,</HI> Dated <HI>Sexto die Junij,</HI> in the 32 year of the King, but recites no Records or Inrolments thereof, in regard they erroneou&s;ly recite the names of &s;ome per&s;ons for others.</P>
<DIV2 TYPE="part">
<HEAD><HI>Some</HI> Rea&s;ons <HI>and</HI> Arguments, <HI>why the</HI> Letters Patents <HI>ought not to be Repealed or Vacated, upon this</HI> Scire Facias, <HI>before &s;atisfaction made to the</HI> Grantees.</HEAD>
<P N="1">1. IN the Ca&s;e of a Spoyle, there is no other remedy but REPRISALS, which are in the nature of a <HI>Withernam,</HI> and if the <HI>Remedy</HI> be taken away, the <HI>Right</HI> is &s;u&s;pended; which the Law will not admit in any Ca&s;e that there &s;hould be a failer of <HI>Ju&s;tice.</HI> The Laws and Statutes of this Realm are po&s;itive in this Ca&s;e: In the 27th of <HI>Edw.</HI> 3. <HI>cap.</HI> 17. the Act of Parliament &s;ays, <HI>That if Merchants of</HI> England, <HI>&s;hall be indamaged or &s;poyled at Sea, by the Subjects of any other Prince, they &s;hall have the Law of</HI> Marque <HI>or</HI> Repri&s;als, <HI>without Fraud or Deceit.</HI> Which Expre&s;&s;es and Imploys an effectual Releif for the Debt and Damages, and the <HI>&s;cire facias</HI> cannot have any Influence upon the <HI>Letters Patents,</HI> there being no &s;uch per&s;ons therein concerned as is mentioned in the Record, upon which I&s;&s;ue is joyned.</P>
<P>The Law of Nations, &s;o &s;oon as the Damages are made Evident, and the Grant pa&s;&s;ed for Recovery, Inve&s;ts the Debt in the Grantee, as an Inviolable Right, to be Repaired upon the Nation, who&s;e Subjects did the Wrong, wherefore the Creditors and Grantees in this Ca&s;e would be left in a mi&s;erable Condition, after the Expence of Ten Thou&s;and Pounds and upwards, to acquire the Grant by &s;uch &s;teps and mea&s;ures as they have taken, if it &s;hould re&s;t in the Kings Power (without any &s;atisfaction to the per&s;ons intere&s;&s;ed and injured) to Retract his own Act pa&s;&s;ed upon &s;uch valuable Con&s;iderations, and wherein he was not deceived in his Grant, that coupled an Intere&s;t with an Authority, as the Law directs of common Right, for Relief of his Subjects.</P>
<P>The <HI>Hollanders</HI> pretend, That the King in Ju&s;tice and Honor is oblieged to pay the <HI>Defendants</HI> the Debt and Dammages (out of the 800000 <HI>Pattacoons</HI>) which hath been &s;o u&s;eful to his Maje&s;ty, but the Grantees and others clayming under them, have patiently expected &amp; &s;ought after Reparations by the ordinary means pre&s;cribed by Law, putting both his Maje&s;ty, the States General, and the Prince of <HI>Orange</HI> in Mind, by taking &s;ome &s;mall quantities of Corn and Wine, for their Refre&s;hment (which was by Force and Power indirectly, taken from them again) and the Poor Seamen Tryed for <HI>Fellony</HI> and <HI>Piracy,</HI> for &s;eeking after their Goods by Lawful Authority; yet the <HI>Defen|dants</HI> are ready to take any Rea&s;onable Satisfaction from either Party, and give up the <HI>Letters Patents,</HI> concerning the Spoyles and De|predations mentioned therein, not excluding Them&s;elves from pur&s;uing their Right at Law, upon Civil and per&s;onal Actions depending in <HI>Holland</HI> and <HI>Zealand,</HI> upon other Accounts, Bills of <HI>Exchange,</HI> and Obligations for Monys Lent, wherein the Opinions of the Lord <HI>Chancel|lor,</HI> the late Lord Chief Ju&s;tice <HI>Rainsford,</HI> and the Lord Chief Ju&s;tice <HI>North,</HI> were tran&s;mitted to the States, affirming, That Ju&s;tice ought to be admini&s;tred in tho&s;e Ca&s;es, according to the Laws of <HI>England,</HI> 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 &s;aid <HI>Letters Patents,</HI> for Repri&s;als until the <HI>&s;cire facias,</HI> Plea, Demurrer, and Rejoynder be Solemnly argued on both Sides, according to Common Ju&s;tice for Judgment of the Court, or that any other Expedients may be found out how the Debt and Damages may be repaired and &s;atisfied. That the Hi&s;tory of this woful Cau&s;e may not ri&s;e up in Judgment in future Ages, again&s;t tho&s;e that have eaten the Bread of Grieved and Oppre&s;&s;ed Orphants and Widdows.</P>
<CLOSER><DATELINE><HI>Actum,</HI> <DATE><HI>May</HI> 22, 1682.</DATE></DATELINE></CLOSER>
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