Lex talionis, or, The Law of marque or reprizals fully represented in the case of spoyls and depredations upon the ships, goods and factories of Sir William Courten and his partners in the East-Indies, China and Japan : whereupon letters patents for reprizals were granted under the great seal of England to continue effectual in the law against the States General of the United Provinces and their subjects ... : together with three several proposals of the creditors, to the King, and their answer (in a postscript) to the Lord Chancellour's arguments upon the scire facias brought by Sir Robert Sawyer ... concerning the letters patents aforesaid.

His Lordship was pleased to say, That the Chancery had an Admiral Iurisdiction, by the Statute 31. Hen. 6. cap. 4. for the speedy relief of Strangers Robbed at Sea, by the Kings Subjects.

His Lordship would here beg the question, and have all Mankind to take it for granted, That those who Act under this His Majesties Royal Charter and Authori∣ty, are Robbers and Theeves: Notwithstanding the express words in the Patent, That it shall be lawful for them to recover the said Debt and Damages, although a Peace for General Reprizals (concerning the Dominion of the Sea) should be con∣cluded.

Its true, the said Statute of Hen 6. provides a remedy for those that have safe Conduct, and are Robbed by the Kings Subjects. The Lord Chancellour calling to him, any of the Judges of either Bench, who upon Bill of Complaint, shall cause Restitution to be made of Ships and Goods to the parties grieved. This Statute may be still in Force, but not practicable, since the Odious and Arbitrary power of the Admiralty Court was taken away by the Statute of Hen. 8. in the 28th. year of his Reign, for Tryal of Piracy by Jurors, according to the course of the Common Law. However the Statute of Hen. 6. recited by his Lordship, comes not to this case upon the Scire Facias.

But its enacted and ordained, by the Statute made in the 20th. year of Hen. 6. cap. 1: And several other Statutes of this Realm: That all Letters of safe Conduct, Trea∣ties and Leagues of Amity and Alliance, shall be Inrolled of Record in Chancery, or else not to be of any Force or Effect in the Law.

And the Treaty at Breda being not Inrolled, or made any matter of Record in Chancery, whereby the Kings Subjects might have recourse thereunto; cannot any ways affect this grant to Turnor and Carew: And many proper Officers have lost their Heads in former ages, for their miscarriages; not inrolling in due time such publick Treaties, Leagues and Alliances.

Its also true as the Lord Chancellour observes, the Letters Patents to Turnor and Carew, were granted in time of War, (for an injury done to private Persons in time of peace,) but provided that no Subsequent peace should affect it, without a recovery or satisfaction to be made for the Debt and Damages: either by force of the Grant, or Composition made with the Persons interessed. The Fiat passed in the month of

May 1665. But the proceedings that brought it to that conclusion, continued de die in diem, ever since the Treaty of Alliance, made in the year 1662. Wherein it was concluded and agreed, That the said Debt and Damages so assertained and Liquida∣ted should be satisfied and repayed.

Yet admitting this Treaty at Breda concluded upon the surprize of Chattam, had been duly Inrolled, and made a matter of Record in Chancery: It was afterwards can∣celled, disanulled, and openly extinguished by Proclamation, in the year 1672. And particularly signified to His Majesty by a report, upon a reference to five Lords of the Council Table, concerning the Debt and Damages mentioned in the Letters Patents aforesaid; In these words, That the States General having wholly cancelled all past Trea∣ties and Agreements, and left your Majesty and your Subjects as free in all iustice and E∣quity, as if they never had been made: We therefore humbly presume to report our Opi∣nions to your Majesty, that it is now but just and seasonable for your Majesty, to insist upon reparation for the Debt and Damages aforesaid: This reference was made to the Lord Arlington, Lord Ashley, Sir Thomas Clifford, Sir Iohn Trevor, and Sir Iohn Duncomb, by Order of Council 22. of March 1671. Now whether a Treaty never Inrolled, and af∣terwards Cancelled by Order of Council, and Proclamation should be properly in∣sisted upon, in any Judicial Writs, is fit for another Court of Judicature, or Parliament to resolve.

It's granted, that after a peace concluded, all Temporary Letters of Marque having a bare Authority in themselves, are for reasons of State totally Extinguished, in re∣gard those Letters of Marque had not an Authority coupled with an Interest.

A general Letter of Marque or Reprizal, as before it's said, is an Act of War; A particular or Especial one is a process at Law, which is our case.

Letters of safe conduct, usually granted to Foreign Ambassadors, and other Persons: Upon Emergent occasions are in the nature of a Supersedeas to any Commander (that hath a Commission or general Letter of Marque) or Privateer, so properly called as be∣fore; nor shall they be interrupted by any Person that hath a speciall Commission grounded upon the Law of Marque; and this is consonant to reason of State, and the Law of Nations.

And it is not denyed but that a Truce between Enemies supersedes all Temporary Letters of Marque, being Acts of War, but not special Letters of Marque or Reprisals which take their rise from Spoyls & Depredations committed in times of Peace upon particular men or Companies, that becomes a personal injury. And the reason is plain, for that the Law of Marque and Grants thereupon, are consistent with times of Peace, and the strictest Amity and Alliance, between Sovereign Princes and States. Captions thereupon being in the nature of Seizures in a hundred for a Robbery upon a private person before Sun-set, which comes to a common Average to prevent a failer of Justice.

It's observed that Sovereign Princes holds the Scepter in one hand and the Globe in the other. The Sword is carried before them by some Chief Minister of State, to shew that Justice is to be duely Administred by Officers that are accomptable for their mis∣carriages; By the Law of England, the King can do no wrong. He is obliged by Oath to protect His Subjects in their Rights, Properties and Estates; Therefore His Ministers cannot take them away.

Yet no man of sence will denie, but that the King for a publick good may by due means and ways make void even the Letters Patents, in this case of Reprisal, that is

to say (as it's observed before) with Money in the right hand of a Lord Treasurer, Dutch Embassador, or Lord Chancellor, and the Scire-facias in the left hand, for the Grantees to shew cause (the Money being payed) why they should not bring the Letters Patents into Court to be Cancel'd.

Treaties of State if they be repugnant to the Law of God, the Law of Reason, or the Laws and Statutes of England (ipso Facto,) they are void in themselves; The third Article of the pretended Treaty at Breda, concluded in the year 1667. after the Sur∣prize at Chatham, says that all Offences, Injuries, Damages and Losses sustained on ei∣ther side by the King or the States, or their Subjects during this War, or at any time before upon any cause or pretence whatsoever, should be totally expunged and buried in O∣blivion, and all Actions at Law concerning the same.

Now if any forced Interpretation should be put upon this Article, (so generally Pen∣ned) that all private differences of meum & tuum, between particular persons of either Nation should be comprehended in this Article, it's void, because its not in the Power or Prerogative of any Prince to hinder the due course of Law for a particular debt or per∣sonal injury. Admit that a Hollander were indebted to an English-man before the Treaty at Breda for goods Sold or sent to make Sale of, and the Dutch-man should plead spe∣cially the Treaty at Breda; in Bar to an Action brought for the Money, it would not hold good in Law; for that it cannot be any ways intended that particular Debts and Actions should fall under the considerations of such Offences, Injuries, Losses and Da∣mages mentioned in that Article which generally relates to Kings and States.

As for Mr. Carew, his Plea to the Scire Facias, and Affidavit annexed, speaks suffi∣ciently for his Justification: Persisting, That no restitution is made for the 151612 l. or any part thereof; although Sir James Butler and others are ravishing his Estate from him, upon Fore-closures of Equity, even for Moneys lent upon account of prosecuting this Cause.

There was never such a president since the Creation, that a particular Interest and Property so Liquidated and Established for satisfaction and reparation (under those cir∣cumstances) according to the Laws and Statutes of this Realm; wherein so many Fa∣milies are concerned, as the Creditors of Sir William Courten and his Son, Sir Paul Pynder and Sir Edward Littleton should be so slighted and contemned

The Lord Chancellor well observed it concerned the publique, it's very true it concerns the publick Honour and Interest, the publick Justice and Equity of the Nation, that the Debt and Damages should be satisfied and repayed.

There is no Reason of State that particular persons should Purchase a publick Peace at their own Charge, or that a private Interest should be Sacrificed for the publick good, without satisfaction out of the Publick Purse.

The Parliament of Paris, or Monpilier, cannot give Laws to the Parliament of England, that enacted if any man should be spoiled by French or others at Sea, in peaceable times they shall have the right and benefit of the Law of Marque or Repriz∣als, to recover their Loss, Damages and incident Charges; which by consent of Nations being once ascertained by a Judicial Act, must have its Extent, and Execution the end of the Law (Satisfaction.)

And this being agreeable to the Laws of God, the Laws of Nature, the positive Laws of Nations, and the Laws and Statutes of England, and the King having by His Letters Patents, under the Great Seal of England, pursuant thereunto, commanded and required all Judges of the Admiralty and Officers there for the time being, to be Aiding and Assisting to Turnor and Carew, their Executors Administrators and Assigns, and to take care that all things shall be favourably interpreted, and construed in all respects, to

the benefit and best Advantage of the said Turnor and Carew, their Executors, Ad∣ministrators and Assigns; Witness himself at Westminster, the Letters were made Patents the 19th. day of May, in the 17th. year of his Reign

Now how the Actions and Proceedings of several Ministers and Officers of the Admi∣ralty (and other Mercenary Mortals) do quadrare with the Kings Honour and Iustice, (that have Issued out Warrants in the Kings name, to apprehend and seize the Persons and Goods of his Majesties Subjects; detain them in Prison and Irons until they were Tryed, as Fellons and Pyrats, for duly acting under his Majesties Royal Commission and Charter; grounded upon the Laws and Statutes of England; Whereby they were found innocent and accquitted. Yet afterwars detained for Exhorbitant and Extrajudicial Fees of Registers and Marshalls of the Admiralty) is left to any Mankind to Iudge.