A BREVIAT for the Defendants; 
Dom. Rex, verse. Carew, & alias, in curia Chancela.  Upon a Scire Facias, to Repeal or make void the Letters Patents, under the Great Seal of England (hereunto Annexed) for Reprisals, against the State's General, and their Subjects, for 1516121. with Costs and Damages, as recited in the Scire Facias; unto which the Defendants have Pleaded and joined in Demurrer, this Easter- Term. 34. Carol. secund. pro ut, etc.  
THE Defendants Pleaded to the Scire Facias in Easter-Term, 1681. Reciting the Letters Patents, in haec verba; Charles the Second, etc. not doubting but that Sir Robert Sawyer, the King's Attorney General, had been satisfied therewith, and that the Letters Patents ought not to be Repealed or made void, upo● that Writ of Scire Facias, without satisfaction made to the Grantees.  
But the Attorney General having lately put in a Demurrer to the said Plea, unto which the Defendants rejoined, so that the Record being made up and read in Court, on Saturday last, the 20th. of this Instant May, 1682. (consisting of five large Skins of Parchments; The Lord Chancellor was pleased to appoint Tuesday following to argue the same; Declaring, That he would give Judgement thereupon on Saturday next, although Mr. Wallop and Mr. Whitlock, the Defendants Council, prayed longer time to consult thereon, for that a Copy of the Record could not be made in that time.  
Divers Debates in this Affair passed the High Court of Admiralty, the Council Table, the Commons of England, in Parliament, and the Deputies of the State's General several years together, before it was brought into this Solemn and judicial Grant of Letters Patents, and therefore worthy of that consideration, to be Argued solemnly before the Lord Chanchellor of England, for his Judgement therepon; and the rather because the KING himself says, in the Body of the Patent, That he is bound in Justice and Honour to see the Debt and Damages Satisfied and Repaired; which is not done in the least measure to this day.  
It may be confidently affirmed (all circumstances considered) That there was never two such Families as Sir William Courten and Sir Paul Pindars, that merited so much from the Crown of England, so Barborously used abroad, and so much neglected at home.  
The Attorney General, by his Demurrer, admits all to be true in the Defendants PLEA, That nothing was paid to the Defendants, or recovered of the said Debt and Damages, out of the Prizes, taken by the King's Ships, or out of the 800000 Patacoones, mentioned in the PLEA, (and engrossed by the Prince of Orange and others,) or by any other money from the States of Holland, or the East-India Company of the Netherlands.  
The Defendants cannot admit any thing in the Scire Facias, to be effectual in the Law, against the force of the Grant in the Letters Patents (quo usque) until the Debt and Damages with Costs be recovered and satisfied; although a Treaty at Breda is urged in Bar against the Defendants; Dated 21th. of July 1667. as recited in the Scire Facias, but no Inrolment thereof, that the Subjects might resort thereunto according to Law, and it ought to be made a Record (otherwise it cannot any ways invalide this Grant; However, such a particular Right cannot by Law be taken away, by any Public Treaty: Then Mr. Attorney General farther says, That the Treaty at Breda was Renewed, Ratified and Confirmed, by a second Treaty, Proclaimed and Published, and also mentions a pretended Supersedeas, Dated Sexto die Junij, in the 32 year of the King, but recites no Records or Inrolments thereof, in regard they erroneously recite the names of some persons for others.  

Some Reasons and Arguments, why the Letters Patents ought not to be Repealed or Vacated, upon this Scire Facias, before satisfaction made to the Grantees.  
1. IN the Case of a Spoil, there is no other remedy but REPRISALS, which are in the nature of a Withernam, and if the Remedy be taken away, the Right is suspended; which the Law will not admit in any Case that there should be a failer of Justice. The Laws and Statutes of this Realm are positive in this Case: In the 27th of Edw. 3. cap. 17. the Act of Parliament says, That if Merchants of England, shall be endamaged or spoilt at Sea, by the Subjects of any other Prince, they shall have the Law of Marque or Reprisals, without Fraud or Deceit. Which Expresses and Employs an effectual Relief for the Debt and Damages, and the scire facias cannot have any Influence upon the Letters Patents, there being no such persons therein concerned as is mentioned in the Record, upon which Issue is joined.  
The Law of Nations, so soon as the Damages are made Evident, and the Grant passed for Recovery, Invests the Debt in the Grantee, as an Inviolable Right, to be Repaired upon the Nation, whose Subjects did the Wrong, wherefore the Creditors and Grantees in this Case would be left in a miserable Condition, after the Expense of Ten Thousand Pounds and upwards, to acquire the Grant by such steps and measures as they have taken, if it should rest in the King's Power (without any satisfaction to the persons interessed and injured) to Retract his own Act passed upon such valuable Considerations, and wherein he was not deceived in his Grant, that coupled an Interest with an Authority, as the Law directs of common Right, for Relief of his Subjects.  
The Hollanders pretend, That the King in Justice and Honour is obliged to pay the Defendants the Debt and Damages (out of the 800000 Pattacoons) which hath been so useful to his Majesty, but the Grantees and others claiming under them, have patiently expected & sought after Reparations by the ordinary means prescribed by Law, putting both his Majesty, the State's General, and the Prince of Orange in Mind, by taking some small quantities of Corn and Wine, for their Refreshment (which was by Force and Power indirectly, taken from them again) and the Poor Seamen Tried for Felony and Piracy, for seeking after their Goods by Lawful Authority; yet the Defendants are ready to take any Reasonable Satisfaction from either Party, and give up the Letters Patents, concerning the Spoils and Depredations mentioned therein, not excluding Themselves from pursuing their Right at Law, upon Civil and personal Actions depending in Holland and Zealand, upon other Accounts, Bills of Exchange, and Obligations for Monies Lent, wherein the Opinions of the Lord Chancellor, the late Lord Chief Justice Rainsford, and the Lord Chief Justice North, were transmitted to the States, affirming, That Justice ought to be administered in those Cases, according to the Laws of England, 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 said Letters Patents, for Reprisals until the scire facias, Plea, Demurrer, and rejoinder be Solemnly argued on both Sides, according to Common Justice for Judgement of the Court, or that any other Expedients may be found out how the Debt and Damages may be repaired and satisfied. That the History of this woeful Cause may not rise up in Judgement in future Ages, against those that have eaten the Bread of Grieved and Oppressed Orphans and Widows.  
Actum, May 22, 1682.