FOr William Noel , Substitute of William Willaston , Robert Houe , Citizens of the Towne of Morlais , Mathew Harvey , Richard Beauais , Iames Goult , Edward Blancare , Thomas Helcott , and other partners , English Marchants , both Plaintiffes , and Defendants . Against Andrew de Launay , both Defendant & Plaintiffe , and Marteau substitute to the right and roome of Helias Frute , lately deceased , ioyning and interposing himselfe to this 〈◊〉 ; The said Noel and Houe being Denizons and naturalised in France ; and the rest of their partners being Englishmen , who haue daily traded there fifteene yeares in the Towne of Morlais : the sayd Noel and Houe , are house-keepers , and the rest held as Inhabitants of the Kingdome , did in October 1620. Fraught & furnish a Barke , called the George , laden with whole packs of linnen cloth , to be transported into England , the said Launay of Roscoff , with his complices , to the number of twelue Robbers , by him armed , did follow her with a Pinnace the nineteenth of the said month , and by force and violence , tooke , robbed , and ransackt her at the going out of the Ryver or Haven of Morlais , and stript naked , the Master , and foure Mariners , which were in the same , without any weapons , and set them forsaken , in a desart Iland , barren and dry of any sweet water , but onely with a loafe of rye bread of six pence , with a wicked intent , to starue them with thirst and hunger , as no doubt it had happenned , had not God in his providence sent by chance a Fisher-boat that way the fourth day , that tooke them vp , and set them to land almost readie to perish . And as for the said Wares , the sayd Pyrates did vnlade many packes of them by night , at the said Roscoff , and ile of Bas , whereof the sayd Launay , his wife , and children , did dispose at their pleasure , transporting and hiding them in divers places , and there caused the sayd Barke to be sent and set a-ground , at Angels Haven , where it was againe pillaged , and finally forsaken , whereof the Kings Attorney taking notice , caused an Inventory to be made of the sayd Barke , and goods , and did examine the said Mariners , yea , some of the very Robbers , making his report of it , and seazing vpon the residue , to be kept and preserved to the vse of the right owners , by which report it is to be seene , that the English did lay clayme to the sayd Barke , and goods , therevpon making their complaint , and requiring that they should be set free ; and delivered into their hands , wherevpon the said Iudge being fully enformed of the sayd Robbery and Depredation , and that those goods did belong to those English and French Marchants , by his sentence the thirtieth of October , did fully discharge and res●ore them into their hands , having first given good and sufficient Suerties for the price and vallew of them , by expert and skilfull men , and chosen by vertue of his place , as Iudge for his owne discharge and securitie , and so in consideration of the sayd Suerties , they received their Barke and goods , and sent and sould them in England , vpon which Informations , there went forth an Order against Laun●y , and his Complices , and they were so appeached and indicted , as that they were condemned by a sentence the thirteenth of Iune , 1621. Daniell Rowland , Mandoux les Marec , Father and Sonne , Couault and Conefer , for to be hanged and strangled , and the said Launay with two other men , Galles and Loges , banished for fiue yeares , and solitarily all together , or one of all condemned to restore to the sayd English , nine packes and fardles of the sayd Wares , which had beene landed and set ashore to the same Towne of Roscoff , or els the iust vallew of them , and over and aboue to all their costs and expences , and as for his other Complices , Querovarts , Pallu , and Enhabasque , who had broken the Prison , and made an escape : it was ordered , that they should bee publiquely summoned to appeare within three short dayes . But to make these pursutes and Iudgements voyde , the sayd Launay fledde to the Councell , where disguising the fact , and against all truth , informing them his proceedings had beene but by way of seisure and attachment against the English , and by right of some Letters of Mart , for a Ship of his which hee pretended to haue beene taken from him some nine yeares since by some English Piratts , which he himselfe termeth to be such , in whose taking , he pretended to haue lost some 1200. pound Sterling , and so making himselfe a Plaintiffe , and requiring a discharge of his pretended and imiginary Attachment , or extent of the same goods . Wherevpon the parties being called , and appearing before the Councell , the sayd Launay ( to giue a better collour to his cause ) did practise , and got the sayd late Helias Frute , a Dutch Marchant , to ioyne and interpose himselfe to him in this cause ; the sayd Frute having beene once Master of a Dutch Shippe , whereof Sir Iohn Fernes was Captaine . And againe , the sayd Frute calling , and intituling himselfe one of the Directors of a Companie established in France , for the Trading into the East Indies ; which Frute this Launay did set of purpose , to require , that the rest of the sayd goods belonging to the said English , might be sold for his satisfaction , and repayment of the summe of 9200. pound Sterling , which hee pretended to haue beene taken from him foure yeares before by some other English Pyrates , for which hee sayd , hee could get no Iustice in England .

Moreouer , the sayd Laun●y and Marteau , substitute in the pretended right of Helias Fruit deceased , being so ioyned together , did demand the second time , the cassation and disannulling of the sayd criminall proceedings , and sentence of the Iudge of the sayd Lesnevers , to the end that Launay might haue a discharge or release for his owne goods , which were seized and extended by vertue of the sayd sentence and Iudgement : whereupon the said Launay and Marteau got so much fauour , that although the English did proceed in the said Councell but declinatorely ( that is to say , standing vpon exception , and refused to bee tryed by that Court ) desiring that the cause and parties might be sent back into Brittaine , before the naturall and ordinary Iudges , for execution of their former Iudgements , and in case of Apeale if neede were before the high Court of Parliament of the Province .

Neverthelesse , without appointing that the parties should ever write or enter into any proofes in the maine cause or principall : yea , without so much as hearing them at all theretn , the Priuie Councell was pleased against all formes of Iustice , to pronounce and enact their Decree in the maine cause , the 27. of Ianuary , 1622. which Decree contrarying and contradicting it selfe , doth award that the whole criminal proceedings , should be brought to the office of the Councell , to doe right vnto the parties , according to reason : and in the meane time the former sentences of death and banishment to surcease , with full leaue and power to the sayd Launay , to reside and dwell in the Countrey as hee might haue done before those Iudgements , yea with a generall discharge , and freedome for all his goods seazed by vertue of them , of which the Commissioners or Depositaries shall make him iust account , and giue him the residue or surplus , and without any regard to the sayd sentence of the thirtith of October , 1620. whereby the English had a discharge and a release of their Barke and goods , they did order that without any preiudice or hinderance to the maine cause and principall , and rato prevent the decay and perishing of the wares , both the wares and Barke should bee sould at Saint Malloes , to the vttermost , and the price thereof put into the hands of sufficient Marchants , on whom the parties should agree before the Commissioner ; who should transport himselfe in those places , and that as well the English parties , as their sureties , and Depositaries should be constrained to represent the sayd Barke and goods in paine of imprisonment .

Against this so extraordinary Decree , both the said English and French parties sought their redresse by petition , as well because that Decree is all formes and custome , because they did contest ; but declinatorily , and by way of exception : a difficulty which was first to be discussed , and yet it doth pronounce and decide at once vpon the main and principall . Whereupon there was yet no contestation : as also that it is wholly contrary to it selfe . First in so much as it being ordered , that the whole criminall cause should bee brought , that right might bee done vnto the parties accordingly , if followeth , that there could no right be done to them till it had beene brought and answered . Secondly , is there any thing more contrary to it selfe , then to order that without preiudice to the right of the parties , in the principall , and to prevent the decay and perishing of the seazed goods , and without any regarde to the sentence of the thirtith of October , by which the English had got a discharge and release of their owne goods and Barke , in giving good and sufficient sureties . Now all those things shall be sould , and the monies issuing out of it , sequestered into the hands of sufficient men , and that as well the English as their Sureties shall be forced to represent all those old goods , euen by restraint of their owne persons , or can there be any more hurt or preiudice done to the English , and French parties , then to force them meere impossibilities , in representing that which was sould , and gone a whole yeare before , by vertue of their discharge and release , or else to force them to bring backe againe and consigne the value of their owne goods , and that the Commissioner shall transport himselfe so farre , with great expence for the execution of all this : was it not sufficient that the English had given Sureties , and was not that equivolent to an evaluation and consignation of the price of the sayd goods , and what greater decay and deperishing could happen more then the costs and expenses , for the execution of the sayd Decree , and the great losses and damages that the sayd English haue suffered . For the Commissioners being come to the place with Launay and Marteau , and at their suite ( who for their part confined not any thing for the iourney ) finding that the sayd Barke and goods were no more to bee found , in stead of contenting themselues with their former Sureties , and of a new supply of others , offered by the said English , whereof hee should haue made his report to the Councell , he caused out of hand many other Ships to be seazed and stayed , laden with store of marchandice , belonging as well to the sayd English Marchants , as to diverse others of ther nation , their Chambers to bee lockt and sealed , hindering the transport of all marchandises , and causing all trade and commerce to cease , during his aboad of sixe weekes long in the towne : yea more , caused the sayd English and French Factors , and their Sureties to bee arrested and imprisoned , for not representing of the sayd Barke and goods , so that as well to redeeme themselues and their Sureties , from the imprisonment of their bodies , and to procure their liberties againe , as also to haue a release and discharge for those shippes and goods newly seazed vpon , that were constrained to suffer a new rate and valuation of their old Barke and goods , to bee made to the smmme of 1854. pound sterling , and to deposet the sayd sum ( though most impertinent ) seeing the first estimation made of the goods alone , was 1714. pound sterling , and that the interest of Launay in his pretended losse , by the English Pirate was by himselfe claymed to be but 1200. pound sterling . Now vpon this summe of 1854. pound , the Commissioner tooke some 300. for fees and taxations , as well for himselfe , his Clarke , and Register in the said Commission , as for the Counsellors , and Atturneys of the parties , & even for those of Launay and Marteau : yea , for the very Sergeents which were imployed for the imprisoning of men , seazure and sale of the goods of one William Baskrvile , lately deceased , being one of the English partners , which goods were sould for the said consignation , by this meanes the Commissioner caused onely the English to beare the burden , notwithstanding all their former losses almost inestimable , which amount to more then 5000. pound sterling , onely in this last seazure and retention of their ships , discontinuation and cessation of trade and Commerce , which rigorous kind of proceeding did so seaze the heart of poore Baskervile , one of the most interressed in the businesse among the parties , that hee dyed for the meere griefe of it , within two dayes , as is witnessed by the very report of the Commissioner , who vpon complaints of the rest of the English , had sent backe againe all the parties to the Priuy Councell . Whereupon , to witnesse the lawfulnes of their iust plants , and the whole truth of all the premises , the English haue caused the sayd criminall cause and sentence against Launay and his complicies , to bee brought , together with the report and relation of of the sayd Commissiouer , which doth proue and iustifie all that which is aforesayd , and shewes that the fact of Launay and his Complices , is but a meer robbery and pyracy , not any action of Mart or reprisall , and that the sayd Decree of the Counsell , with the execution thereof , hath been such a great and notorious hurt and damage to the English , as it cannot bee coloured nor maintained . Moreover , to prooue that this robbery cannot by any meanes be cloaked with any title of Mart , or reprisall . The English doe represent three things .

First , The Peace and Amitie betweene the two Kings , during which , and the libertie of Commerce and Trade ; it is an absurd and contradictory thing , to talke of Mart or reprisall .

Secondly , They produce the Articles of Peace , agreed vpon betweene their Maiesties , whereby it is most specially concluded , That all Letters of Mart and Reprisall , which before then had beene graunted by any of the two Kings , shall absolutely surcease , without being put to any execution , as well of one side as of the other , and that for the time to come , there shall not any more be graunted , but that the Ambassadours shall respectiuely haue warning of it before hand , and those Letters be seene and well considered in the Councell of both Princes , sealed with their great seales , and generally , all the solemnities in such case required be well observed .

Thirdly , Launay , and his complices cannot pretend any right of Reprisall , since they are not bearers of , nor vpheld with any such Letters at all , granted either with any of the former solemnities , nor in any other manner howsoever , so that this fact cannot otherwise be called , but meere robbery , and pyracy , for all these reasons , therefore the sayd English doe conclude , and require by their said Petition , that the sayd Decree of the Councell of the twentie-seaventh of Ianuary last , and all that therevpon is ensued , bee altogether revoked , casheired , and disanulled , and in stead thereof awarded , that the said summe of 1854. pound Sterling , which they haue beene constrained to deposet , as well for their liberties , and their Suerties , as for the release of their Shippes and goods seazed , and from them detayned , shall be wholly restored vnto them , as well by the said Launay and Marteau , as by their Serieants , Advocates , Attorneyes , Depositaries , and others , which haue any wayes touched any part of it , every one according to their severall rates and portions , and so doing it may be ordered , that the Depositaries and Snerties shall remaine fully free , and altogether discharged , as also the sayd Launay , and his complices , with Marteau and his partners , condemned in all the cost , damage , and interest , of the sayd both English and French Marchants , and so all with Launay , and his complices sent backe againe ; before such Royall Iudges in those places , as his Maiestie will be pleased to appoynt , for the execution of their said former sentence and Iudgements , as well Criminall as Civill , of the sayd Iudge of Lesnevers , with reservation of Appeale , ( if need be ) to the high Court of Parliament in Brittany .