Vol. I. Ch. VI. or are the property of Ottoman subjects, who do not enjoy protection from any European or privileged power, and the same are to the best of my knowledge, belief, and information, truly and bona fide the property of such persons as aforesaid, and there is no intention, by any species of colour, fraud, or collusion, to declare them to be otherwise than they really are. Vol. I. Ch. VII. CHAP. VII. Of the Fishery Laws. SINCE the publication of the first volume of this treatise, some material alterations have been introduced, affecting the fishery laws, viz. 3 Geo. 4. c. 41, 42, 43, 44, & 45. Vol. I. Ch. VIII. Letters Patent for especial Reprisals from the King of G.B. (under the Great Seal of England) against the States of Holland and High Court of 16 Car. 2. (1) CHAP. VIII. War, Forms relating to. CHARLES the 2d, &c. Whereas our loving subjects Sir William Courteen, deceased, and his partners, anno 1643, by the depredation and hostile act of one Gailand, commander in chief of two ships belonging to the East India Company of the Netherlands, was, between Goa and Maccas in the Streights of Malacca, deprived and most injuriously spoiled of a certain ship called the Bona Esperanza, and of her tackle, apparel, and furniture, and all the goods and lading in her, upon a very hopeful trading voyage to China, which were carried to Batavia, and there, without any legal process, confiscated; and also in the same year, another laden ship of our said subject, called the Henry Bonadventure, being come on ground near the Island of Mauritius, was there, both ship and goods, seized upon by some of the officers and ministers, and others under the command of the said East India company, and utterly detained from the right owners: And whereas the said Sir William Courteen and his assigns, in his life time, used all possible endeavours to recover the said ships and goods, and to procure further justice against the malefactors, and yet could obtain no restitution or satisfaction, whereby they came to be much distressed and utterly undone in their estate and credit; and thereupon, and upon the most humble supplication and addresses of Francis Earl of Shrewsbury and William Courteen, Esq. grandson and heir of the said Sir William, deceased, Sir John Ayton and Sir William Turner, Knights, and George Carew and Charles Whitaker, Esquires, (on the behalf of themselves and divers others interested in the said two ships Bona Esperanza and Henry Bonadventure, and in the estates of the said Sir William Courteen deceased), Sir Edward Littleton, Baronet, and Sir Paul Pindar, Knight, that we would take their case into our princely consideration: We, out of a just sense we then had and still have of their unjust sufferings in that business, both by our own letters under our sign manual to the States General of the United Provinces, and by Sir George Downing, Knight and Baronet, our envoy extraordinary, to whom we gave special command so to do, required satisfaction to be made according to the rules of justice, and the amity and good correspondence which we then desired to conserve with them firm and inviolable: And whereas after several addresses made to the States General by our said envoy, and nothing granted effectual for relief of our said subjects (whom we take ourselves in honor and justice concerned to see satisfied and repaid), we lately commanded the said Sir George Down (1) See ante, 1 vol. 140. 418. to 422. See a form, Postle. Dict. ing to intimate and signify to the said States, that we expected their final Vol. I. Ch. VIII. answer, concerning satisfaction to be made for the said ships and goods, by a time then prefixed and since elapsed, that we might so govern ourselves thereupon, that our aforesaid subjects might be relieved according to right and justice; and yet no satisfactory answer hath been given, so that we can. not but apprehend it to be not only a fruitless endeavour, but a prostituting our honor and dignity to make a further application after so many denials and slightings: Ånd whereas John Exton, Doctor of Laws, Judge of our high Admiralty Court of England, upon our command to certify to us the value of the losses and damages sustained by the said Sir William Courteen and partners, whose interest is now vested in our loving subjects Sir Edmund Turner, Knight, and George Carew, Esquire, and partners, hath, upon full examination and proof thereof made by witnesses in our high Court of Admiralty, reported and certified under his hand, that the same do amount to the sum of one hundred and fifty-one thousand six hundred and twelve pounds. Now know ye, that for a full restitution to be made to them for their ships, goods, and merchandize, of which the said Sir William Courteen, Knight, and partners were so despoiled as aforesaid, with all such costs and charges as they shall be at for the recovery of the same: We, by the advice of our Privy Council, have thought fit, and by these presents do grant licence and authority under our great seal of England, unto our said subjects Sir Edmund Turner and George Carew, their executors, administrators, and assigns, for and on the behalf of themselves and other persons interested as aforesaid, to equip, victual, furnish, and to set to sea from time to time, such and so many ships and pinnaces as they shall think fit; provided always, that there be an entry made and recorded in the Admiralty Courts of the names of all ships and vessels, and of their burden and ammunition, and for how long time they are victualled, and also the names of the commanders, before the same or any of them be set forth to sea; and with the said ships and pinnaces, by force of arms, to set upon, take, and apprehend any of the ships, goods, money, and merchandizes belonging to the States General, or any of the subjects inhabiting within any of their dominions or territories, wheresoever the same shall be found, and not in any port or harbour in England or Ireland, unless it be the ships and goods of the parties that did the wrong; and the said ships, goods, and money, and merchandizes, being so taken and brought into some port of our realms and dominions, an inventory thereof shall be taken by authority of our Court of Admiralty, by the judge or judges thereof for the time being, upon proof made before him or them that the said ships, goods, wares, merchandizes and money did belong to the States General, or any of their subjects as aforesaid, that they shall be lawful prize to the said Sir Edmund Turner and George Carew, their executors, administrators, and assigns as aforesaid, to retain and keep in their or any of their possessions, and to make sale and dispose thereof in open market, or howsoever else to their and every of their best advantage and benefit, in as ample manner as any time heretofore hath been accustomed by way of reprizal, and to have and enjoy the same as lawful prize, and as their own proper goods, so that neither any captain, master, nor any of their that shall serve in person, or shall promote and advance the said enterprize in manner and form aforesaid, shall in any manner of wise be reputed or challenged as an offender against any of our laws; and that it shall be lawful for all manner of persons, as well our subjects as any others, to buy the said ships, goods, and merchandizes so taken and apprehended by the said captain, masters, and others, and adjudged as aforesaid, without any damage, loss, hindrance, trouble, molestation or incumbrance to befal the said buyer or any of them, in as ample and lawful manner as if the ships, goods, wares and merchandizes had been come and gotten by lawful traffic of merchants, or of just prize in time of war: provided always, that all ships, goods, and merchandize taken by virtue of company Vol. I. Ch. VIII. this our commission, shall be kept in safety, and no part of them wasted, spoiled, or damaged, or the bulk thereof broken, until judgment hath first passed as aforesaid, that they are the ships and merchandize of the States General, or some of their subjects as aforesaid; and if by colour of this our commission, there shall be taken any ships, goods, or merchandizes of any of our loving subjects, or the subjects of any prince or state in good league or amity with us (except the States General or their subjects as aforesaid), and the goods therein laden, sold and embezzled, or diminished, or the bulk thereof broken in any place, before they shall be adjudged to belong to the States General, or some of their subjects as aforesaid, that then this commission shall not be of sufficient authority to take the said ships, goods, and merchandizes, or to warrant or save harmless such as shall receive, buy, or intermeddle therein, but that both the prizes so taken, and the said ships of war, shall be confiscated to our use. And further we do declare, that it is our will and pleasure, that this our commission shall remain in full force and power, to all intents and purposes, until the said Sir Edmund Turner and George Carew, their executors, administrators, and assigns as aforesaid, shall, by virtue thereof, have by force of arms, apprehended, taken, seized, recovered and received from the said States General or their subjects, one hundred and fifty-one thousand six hundred and twelve pounds, according to the appraisement to be made by appraisers upon oath, nominated and authorized in our said Court of Admiralty, of such ships, goods, wares, or merchandizes as shall be taken from the said States General, or any of their subjects, by virtue of this commission, or shall otherwise receive satisfaction of the debt aforesaid, by composition to be made between those of the East India Company of the Netherlands, and the said Sir Edmund Turner and George Carew, their executors, administrators, and assigns as aforesaid, notwithstanding the present difference between us and the said States General, depending upon general reprizes, may be agreed and composed; and that in the interim a good correspondence may be renewed between us and the said States General, but only in case of resistance, and that after, in cold blood, the subjects of the States General, if hurt or wounded, shall be used with all convenient offices of humanity and kindness, &c. and Whereas George Carew Esq. had formerly granted to him letters of marque against the States General of the United Provinces, for satisfaction of a certain demand which Sir William Courteen and others had against the said States, and to which the said George Carew was entitled, which said demand has since by treaty of peace between his Majesty and the said States been totally abolished and extinguished, and all letters of marque and reprizal by the same treaty discharged accordingly: And whereas His Majesty has since recalled and superseded the said letters of marque, to the end that no person may be misled under pretence of letters of any reprizal heretofore granted to the said George Carew, and thereby incur the danger of the law as pirates; His Majesty is pleased by this his proclamation to declare, that the said George Carew has now no authority and commission, by virtue of any such letters of marque, to equip or set out any vessel whatsoever, and that all persons that shall presume to be aiding to him in setting forth any such ship, or serve under him by colour of such any tended authority, shall be proceeded against as pirates according to the utmost severity of the law. marque (1) As to revocation of letters of marque, see ante, 1 vol. 419.; and see form, Post. Dict. pre CHAP. IX. Neutrals, Forms relating to. (2) JOURNAL of the Ship Hanna Ebell, Captain Frederick Messell, Vol. I. Ch. IX, - Log Book. (1) The like in another Form. Washed the ship clean, kept her free. Set the mizen-top gallant mast. EXTRACT from the logbook of the brig Aurilla of New York, Captain Wing On the 15th May, finding the current in the gulf too strong, it was thought best to cross the Salt Key Bank-when about half over the bank two schooners hove in sight, which at first view were of a suspicious appearance. Immediately ordered all the negroes upon deck, thinking to frighten them off if they were pirates. They tacked and stood from us, the one astern hoisting a private signal, they soon after closed and bore down upon us; they brought us to with a shot, and fired into us after we had hove to; several grape shot passed over us, and others through our sails; we struck our colours, and all went below. They boarded us and sailed away for Salt Key, then in sight. At 12 brought us to anchor in 24 fathoms water under that island. On boarding us they drove every person below except the captain, and put on the sky lights and hatches. Sixteenth, the captain and his papers having been examined on deck, some of the pirates entered the cabin, where the mate and passengers were confined; they interrogated us as to the |