A Brief NARRATIVE of the CASE between His Royal Highness JAMES Duke of York, Lord of the Manor of Richmond alias West-sheen, in the County of Surry; George Carew Esq one of the Customary Tenants of the said Manor, and Sir James Butler, Mortgagee upon a Conditional Surrender, and others concerned in the said Case.  
The Honour and Interest of the King, The Justice and Equity of the Nation, and the Rights and Properties of the Subjects being all concerned in this CASE. There is nothing recited in any Article or Paragraph, wherein there are not sufficient matters of Record for the Vouchers thereof.  
THe said George Carew having purchased Eight several Copyhold Cottages with some small parcels of Land adjacent to them in the said Manor of Richmond, demolished the said Cottages, and built Three Fair Mansion Houses with Coach-houses and Stables in the places thereof, and laid other Lands to the same, whereby he increased the King's Revenue by Harth-money, and the Lord's Rent.  
Soon after the King's most happy Restoration the said Carew having a very Considerable Debt due to him from the East-India Company of the Netherlands, arising upon the Spoils and Depredations of Sir William Courten and Sir Paul Pindar's Ships and Factories, he made Application to the King and Council for Relief therein: Whereupon his Majesty did by his Letters under his Sign Manual recommend the Complaints to the State's General, and Commanded Sir George Downing Knight and Baronet his Envoy Extraordinary to demand Satisfaction of the said States, answerable to the Proofs made in the High Court of Admiralty, which was required by several Memorials accordingly: In consequence whereof it was agreed in a public Treaty concluded at London between the King and the State's General in the year 1662. That Satisfaction should be made for the Two Ships named the Bona Esperanza and the Henry bona Adventura with their Fraights and Lading.  
In the year 1663. the said Carew confiding in the said Treaty, borrowed several Sums of Money of Thomas Colman Esq John Whitfield Esq and others, upon his Estate in Richmond, London and Worcestershire, to discharge a great Debt due to Sir William Powel by Judgement in the Common-Pleas, that was incumbent upon Sir Paul Pindar, who had an Assignment for 5500 l. with Policies of Insurance for the same upon the said Ships, that both Interests might be taken into Carew's hands; which being so done, he prosecuted his Right, and Demand before the State's General at the Hague by fresh Memorials, which Sir George Downing presented at the King's further Instance and Command, for several Months together without effect.  
Then Sir George Downing intimated to Sir Thomas Littleton That 300 l. sterling should be left in his hands, in trust to be placed in the Hague with some Ministers of State, in order to an Accommodation of that Affair, which was paid out of Sir John Wolstenholm's Receipt to the said Downing; upon Account of the said Carew, Sir John Woolstenholme having Money in his hands payable to Carew upon Bond, on Sir Paul Pindar's Account. Nevertheless the State's General made a Resolution on the fourth day of June 1664. to give no further Satisfaction than 85000 Gilders that the East India Company had paid to Jacob Pergens, on the Security of Peter Boudaen to indempnify the said Company, he being one of the Directors of the Chamber at Middleburgh (which had been often controverted and the Company refuted therein) whereupon Sir George Downing made his reply on the Eleventh of August, 1664. and soon after returned into England, re infecta.  
The said George Carew having sold Aunton farm in the Vale of Evesham to Mr. Thomas Fooly for 3800 l. and further engaged his Estate at Richmond and London, in the prosecution of his right aforesaid, was advised by several principal Ministers of State at Whitehall to address his Complaint to the House of COMMONS, where it was animated by some Members of the Royal Company: so that upon Examination of the whole Matter by the Committee, who finding the King's Honour concerned, and that the Hollanders, by their Artifices, would add Fraud to Violence, in that Case of the Ships aforesaid, the COMMONS of England espoused the Cause, and supplied his Majesty with several Millions of Money for maintaining a War against the said States: Whereof his Royal Highness the Duke of York had the sum of 120902 l. 15 s. 8 d. (one months' Tax) presented to him, for his Heroic Courage at Sea.  
Then Letters Patents for Reprisal were granted to the said Carew, on the behalf of himself and others interested, to continue effectual in the Law until the sum of 151612 l. should be recovered from the State's General and their Subjects. Nevertheless a Peace ensued in the year 1667. before any satisfaction was obtained: And by the Treaty at Breda all Offences, Injuries and Damages were mentioned to be obliterated and extinguished: and the Letters of Reprisal to be null and void: notwithstanding the Damages were stated under the great Seal of England, whereby the Debt became vested in Carew by the Law of Nations, and coupled with an Authority to recover the Debt and Damages, according to the Laws and Statutes of this Realm. However Carew remained passive until the year 1671. that a new War was proclaimed against the State's General and their Subjects.  
Then Carew's Claim to the said Debt of 151612 l. being revived, by Orders of the King and Council, he was forthwith sent away with Instructions and Letters to the Ambassadors and plenipotentiaries, in the year 1672. intimating how the King being obliged in Honour and Justice to see that Debt satisfied, they were directed to insist upon Reparations accordingly: However Carew was Committed to Prison at the Hague, by the States of Holland, for a Spy, and his Life exposed to danger, where he was close Confined, without access, for two and twenty Months together; during which time, Edward Holmewood, than Bailiff of the Manor of Richmond, having a Mortgage by surrender, of Rump Hall and Lands adjacent, to the value of 20 l. per Annum, let by Lease to Thomas Evans, he exacted 20 l. for a fine for his own admittance; and 55 l. from Sir Frederick Hyde and his Lady, who had a surrender of one of the Mansion Houses and Kew Heath, notwithstanding Carew had ordered the Tenants before, to attorn and pay their Rents upon Account, which they did accordingly; and to aggravate the Oppression, both Hyde and Holmewood Exhibited their Bills in Chancery, to foreclose the Equity of Redemption, although at the same time they were in possession, and received the Rents, which answered yearly double the Interest of their Monies lent upon those conditional surrenders.  
In the year 1674. A Peace and common Alliance was again Concluded and Ratified, between the King and the State's General, upon a Treaty at Westminster, wherein it was agreed, That Eight Hundred Thousand Pattacoons should be paid to the King in four years, by equal payments: whereof the first was paid to Alderman Backwel, for other Services, and the three other payments Assigned to the Prince of Orange, for old Debts, contracted by the late King: but no part of the money assigned towards the spoils and depredations of the Bona Esperanza and Henry Bona Adventura, but left the Debt of 151612 l. remaining unsatisfied in statue quo, to the proper Remedy assigned at Law.  
In the year 1677. Carew (after his vast Expense and Charges abroad) returned for England, to look after the ruins of his Estate in London and Richmond, having laboured under the burden of continuation and Interest so many years together; He than reduced all the Mortgages in Richmond, to Hid, Holmewood and Letton into one hand, and Surrendered the same to Mr. John Holworthy for 2200 l. upon condition to be void upon payment of his Principal and Interest, at the end of six Months, who continued the said Money at Interest after forfeiture, several years together, without any fine or admittance.  
Afterwards Sir James Butler, on the fifth of July 1680. lent the said Carew the sum of 2500 l. to satisfy Mr. Holworthy his Principal and Interest, and took a Conditional Surrender, for payment of 2650 l. on the sixth of July 1681. Howbeit the Money was not paid at the time: Then one Robert White, Bailiff of the said Manor of Richmond, being informed by Sir John Coell, Steward of the said Manor, who took the said Surrender; That the Lord of the Manor might take advantage of the Forfeiture for nonpayment of the Money, according to the condition of the Surrender (which is no other than the Nature of a Penal Bond) yet the said White called a Court on purpose, in the Month of October following, where Sir James Butler voluntarily appeared, and obliged himself to pay an Arbitrary Fine of 261 l. set upon him by the said White, for his admittance as in Case of a Purchasor; and suddenly after forbid the Tenants from paying any Rents to Carew.  
Then the said Sir Ja. Butler Exhibited his Bill in Chancery, in Michaelmas Term following, to foreclose the Equity of Redemption: whereunto Carew Appeared and Answered the same, wherein he confessed the Receipt of the 2500 l. & that for improvement of the said Mortgaged Estate, he had laid out 300 l. & upwards since Sir James had lent the said 2500 l. That he had offered that all the Tenants should attorn and pay the Rents to Sir James Butler upon Account, if he would renew the Surrender; that the said Mortgaged Premises had bona fide cost the said Carew 8000 l. and upwards, and that he had been offered 4500 l. lately for the same, and intended to redeem the said Estate, by himself or a Friend, provided the Arbitrary Fine, voluntarily paid by the said Sir James Butler in his own wrong, might not be brought to his Account; which said Sir James Butler refused, pretending that he was continually solicited by the said White at Richmond, Sir John Coell at London, and by Sir Allen Apsley at Whitehall, to be admitted a Tenant to the Estate, notwithstanding all the matters and circumstances aforesaid were well known to the said persons respectively, he the said Carew having given them a Narrative of his Sufferings at large, under the Title of Hine Illae Lachrymae; Or an Hue and Cry after the Goods and Chattels of Sir William Courten and Sir Paul Pindar, before Sir James Butler was admitted to the said Estate, who vigorously proceeds in the said Cause, which is left to the Judgement of the Court, whether it be within the intent of the Law or Equity, that defeazible and conditional Estates, shall be subject to such Arbitrary Fines, as in the cases of Purchasers, who becomes Tenants to the Lords of Manors, for their own advantages and conveniencies.  
The said Carew in the mean time casting about to answer Sir James Butler's expectations, offered him the Earl of Antrime's Debt in Ireland, and importuned Sir George Downing, to refund the said 300 l. with Interest, (towards payment of Sir James Butler) Downing having been sued in Chancery for the same, and insisted for the space of seven years upon his Privilege, as a Parliament Man, and after the Dissolution of the Parliament, pleaded the Statute of Limitations, which being set down in the Paper to be argued as a Trust, and not within the Statute: Sir George Downing desired a Reference upon the whole matter, to Mr. William Whitlock and Mr. Paul Bowes, the Council of both sides, and in case they did not make any Award within a time prefixed, then to the Umpirage of Mr. Anthony Keck, which was drawn up into an Order of Court by consent, and renewed four several times, at the request of Sir George Downing, who insisted at all meetings, that he deserved the said 300 l. for his pains, although nothing was recovered thereupon from the State's General or their Subjects, for the said spoils and depredations aforesaid: and Carew insistin-that Downing had his Salary from the King, and did nothing for him, but upon the King's Order and Command, as a public Minister, so the Arbitrators made no Award. Then on the 8th. of January 1681. both parties appeared before Mr. Anthony Keck; who proposed that Sir George Downing should pay only 100 l. to the said Carew, in full of his demands concerning the said 300 l. which Downing seemed unwilling to satisfy; so Mr. Keck concluded that 80 l. should be paid to Carew, upon giving his General Release to Sir George Downing, and Procuring Sir Thomas Wolstenholme, Executor of Sir John Wolstenholme to do the same, which Sir George Downing promised to pay accordingly, before Credible Witnesses: whereupon both Releases being perfected, Carew Assigned the 80 l. to Thomas Coleman Esq who tendering the said Releases, demanded the said Money, which Sir George Downing refused to pay, without Security to indemnify him from all persons whatsoever, concerning the 300 l. and Damages. Carew then Arrested the said Downing by Writ out of the Marshalsea, for the said Money upon his promise: Then Sir George Downing applied himself to Mr. Anthony Keck, requesting him to sign the Award, for the payment of 80 l. as aforesaid, in full discharge of the said 300 l. which being signed accordingly; Coleman waited upon Downing with the Releases again, demanding the said 80 l. who refused to pay any more than 70 l. to him; saying, That if he did not then accept of the same, he would pay him but 60 l. so Coleman, of his own accord, delivered the releaseth, and took 70 l. of the worthy Knight, and calls upon Carew for the other 10 l. who had expended more than the 80 l. to recover it. Now the Question is, whether Downing be not obliged to pay the 10 l to Carew, and be accountable in Conscience for the rest of the 300 l. with Interest, to the indigent Orphans and Widows, Creditors of Sir Paul Pindar, as Executor in his own wrong? since he detains the said Money without any consideration from Carew the Administrator of Pindar.  
Then the said Carew having a Grant under the Great Seal of England (the highest Security of the Kingdom) for the sum of 10000 Pounds out of the Customs, and a Tally for the same, resting in the Hands of Richard Mountney Esq towards Sir Paul Pindars proportion of Money, granted by his Majesty, out of a greater sum, amongst the old Farmers, Carew's part was postponed, in his absence beyond the Seas; whereupon he lately addressed his humble Petition to the King for the same, with the brief state of this Case Annexed, and put it into the Hands of Sir James Butler, who promised to use his utmost endeavours to get satisfaction therein, both for Carew and himself, who only lodged the Petition with Mr. Francis Gwyn, the Lord Conways Secretary, where it lays also re infecta; although it is the only return of A Hundred and Eighty Thousand Pounds Sterling, lent and advanced by Sir Paul Pindar to the late King upon his most urgent occasions; and even of 15000 l. in Gold, sent to Oxford, in the years 1643. and 1644. by Mrs. Jane Whorewood (yet living to Testify the same) towards support of the Royal Family, in their greatest Extremities, which was lately owned by his Majesty himself, as the greatest service in the World.  
It's observable, that several persons concerned in this Case, have been very unsensible of the King's honour and Interest, and even of the Reputation of his Royal Highness in the Conduct of this Affair (who is so Generous in his own Nature.) And, its Remarkable, that the said Robert White, being told of the ill consequences of his practices, and the prejudice it would bring upon his Master and the Tenants of the Manor of Richmond (he seemed the more obstinate) where for want of a Court of Survey, and the very Court Rolls detained from the Tenants View, Carew had been forced to the Expense and Damages of 100 l. and upwards, in defence of Kew Heath, against Sir John Brownelow and his Tenants, who pretended that the said Heath was  Land, after several Surrenders, Admittances and Fines paid to the Lord of the Manor for the same Heath, as Copyhold Land. And this Robert White was so malicious, after all these admonitions, that out of a blind Zeal for his Master's service, he caused a poor Servant of carew's to be Arrested in Sir Allen Apsleys and Wordens Names, by Writ out of the Marshalseas, for digging some Gravel upon Richmond Common, to carry into one of the said carew's Gardens: Who then affirmed in open Court (as still the said Carew doth affirm the same) that there is a Debt of 359 l. sterling, incumbent upon his Royal Highness, for moneys paid and disbursed by Carew, upon the Duke and his Commissioners Orders and Warrants, to Captain John Maxwel and Daniel Gottherson, concerning the Apprehending of Thomas Scott (one of the Regicides) which was to be paid and allowed to Carew, out of the Duke's Interest in Scots Houses, in the Parishes of St. Andrews and St. Dunstan's in the West, in the City of LONDON, which were conveyed by Mr. Benjamin Heather, to Sir Samuel Baldwin, by Fine and Feoffment, upon a valuable Consideration, in Trust for Carew: Scot having no Estate in him to forfeit in the said Houses, at the time of the Treason Committed, nor the King in him, to Grant to his Royal Highness at any time afterwards.  
The premises considered, it's presumed there cannot be found the like Precedent of Grievance and Oppression; That a person under those circumstances as Mr. George Carew stands, should be ruined by the means appointed for his Relief, or destroyed under the greatest Security of the Kingdom, granted for his Satisfaction and Reparations; And all this, under the Government of ENGLAND, where so many thankful Addresses have been made to his Majesty, for his most gracious Declaration, to maintain the Rights and Properties of the Subjects, by the strictest Rules of Law and Justice.  
Recollected by John Brown Gent. April 20. 1682.