The East-India Company, Appellants, Mr. Attorney General at the Relation of Walter Whitfeild, John Earl, and Thomas Killner Respondents. The Appellants Case.  
THE East-India Company at their vast Charge Established a Trade to the East-Indies very profitable to this Kingdom; And had full Power by their Charter from the two last Kings, to make War or Peace with any Heathen Princes within their Limits, as occasion should require, without any reservation to the Crown or Lord High Admiral of England of the Tenth, or any other part of Prizes.  
That the Great Mogul unjustly began a War against the Company, and seized their Factories, Servants, and Goods, and murdered several English, and besieged their Forts and Castles in the East-Indies, of which the late King James and his Council being informed, his Majesty was pleased to direct the Company (for the Preservation of their Rights, and the Vindication of the Honour of this Kingdom) to make War against the Great Mogul and his Subjects; and gave Commissions to several of his Captains of Ships of War to assist the Company, and observe their Orders in the Prosecution of that War; thereby requiring the Captains to take care that the Tenths of all Prizes taken by them in that War, and condemned as lawful Prize, should be secured and paid to the said late King.  
This War continued several years, but at last a Peace much to the Honour of this Kingdom, was made, whereby all that was detained or stopped in the Indies during the War on both sides, and not plundered or destroyed, were to be restored to each other, and such Goods of the Mogul's Subjects as the Company had sent home, were to be paid for by them, which they have since satisfied accordingly.  
That the whole Expenses of that War (which were vastly Great) were born by the Company, and the King put to no Charge, and the Tenth of all Prizes in that War taken and condemned in the East-Indies, amounting in the whole to 1361 l. 13 s. ●1 d. were duly paid into the Exchequer upon the Relators Motion.  
But the said Relators pretending there were more Prizes taken and condemned then those answered to Their Majesties as aforesaid, got a Privy-Seal for a Third of the Tenth part of all Prize Goods during that War, and prevailed with Mr. Attorney General, at their Relation, to Exhibit a Bill into the Court of Exchequer against the Appellants for an Account of all Prize Goods generally, and to have the Tenths of the same.  
To which Bill the Appellants put in their Answer, and insisted on several Matters arising in the Indies material and necessary to be proved, and upon which their just defence depended; and therefore often moved that Court for a Commission thither to examine their Witnesses, but were denied the same.  
That after the Commencement of that Suit, two of the Companies Ships called Charles the II. and New London, arriving with Goods from the East-Indies, the Relators upon pretence that those Goods were all or most Prize Goods, obtained an Order from the Court of Exchequer to carry into Warehouses, and open and view the whole Cargoes of both Ships, which they did. disordering every Bale thereof to the great damage of the Goods, a great part whereof was bought by the Companies Factors in the East Indies, and other part belonging to other Marcha●ts, and so the Appellants could have proved, and again moved the Court of Exchequer upon Affidavits for a Commission to prove the same, but were still denied it, though the Proof was put upon them by Mr. Attorney General's replying to their Answer, and although the said Court by their Order of the 9th of May last, had given the Company time to consider whether upon their having a Commission they would give Security to abide the Order of that Court on Hearing the Cause touching ●he Sum of Money reported due, which was but 9000l and had afterwards allowed of Security offered by the Company for that purpose, yet they could obtain no Commission unless the Company would first give Security by three sufficient Persons in the Sum of 30000l. (being more than three times the Sum reported due) to abide the Order o● Court upon Hearing the Cause.  
That the Appellants being thus denied the liberty of making their just Defence; put in exceptions to the Deputy Remembrancer's Report, being thereby (without any sufficient Proof) charged with 9000l. for Prize Goods as brought home in the said two Ships: but the Exceptions were overruled as to all, save 179 Bales of Goods which were sent to a Trial at Law, and by a Jury of Knights and Gentlemen at the Exchequer Bar, a Verdict was found that they were not Prize Goods, tho' Jeremiah Bonneale, (who was the only positive Witness against the Appellants on which the Report was founded) by his Affidavit and Depositions taken in the Cause, did swear, That the 1●9 Bales which were to to 〈…〉 by the Verdict n●t to be Prize Goods, were Prize Goods as well as the rest, and so his Testimony was contradicted by the Verdict as to the 1●9 〈◊〉; and would have been so likewise as to the rest of the Goods, had the Appellants been allowed a Commission as of Right they ought.  
After which Trial the said Cause came to Hearing the 29th. of November 1692. And a Decree passed against the Appellants for Payment to their Majesty's 7940l. for the Tenths of Prize Goods come to their hands in the said two Ships, of all which they could have discharged themselves, had they been allowed a Commission as they ought to have been.  
Against which Decree, and the denying of a Commission to the Appellants for Examination of their Witnesses, an Appeal is brought, and the Appellants humbly pray that the Decree may be reversed for these Reasons.  

FIRST, For that the Decree was founded on the Testimony of a single Witness, who was falsified by a Verdict at Law given in the same Court where the Decree was made, and before the same Judges; and that in time, before the Decree was pronounced; and so, as humbly conceived, could be no good Ground in Equity for a Decree, nor ought a single Witness (tho' of good Credit) to be received against the Defendants Answer, that being contrary to the constant Practice and Rules of Equity, and there was no other Witness but him, who was falsified by a Verdict at Law to charge the Appellants with the Sum Decreed.  
SECONDLY, For that it is of common Right, and the constant Justice of all Courts of Equity, to grant Commissions beyond Sea for Examination of Witnesses there, where the Cause of Action ariseth, and when the Circumstance of the Case requires it, as in this Case it was manifestly necessary, the whole Matter of the Suit arising in the East-Indies, for without such Commission, it will be impossible to examine the Witnesses in Foreign Parts, and without Proof no Man can defend himself; and if the Appellants Witnesses in the East-Indies had been examined, there would have been no colour for any Decree; and therefore it is humbly hoped the Decree shall be Reversed.    

THE CASE OF THE East-India Company, Against Mr. Attorney-General And the Relators. To be heard at the Bar of the House of Lords on Tuesday 14. of Feb. 1692,