A brief remonstrance of the grand grievances and oppressions suffered by Sir William Courten and Sir Paul Pyndar, knts., deceased as also by their heirs, executors, administrators, and creditors : humbly represented to both Houses of Parliament, prorogued to 21 October 1680 : faithfully collected out of several courts of record, orders of counsel, and treaties of peace and common alliance : with several remarks thereupon for the improvement of naviagation, trade, and commerce / by John Brown.

A Brief Remonstrance of the grand Grievances and Oppressions suffered, by Sir William Courten and Sir. Paul Pyndar Knts. deceased: As also by their Heirs, Executors, Administrators, and Creditors; with several Remarks thereupon; Humbly repre∣sented to both Houses of Parliament, Prorogued to the 21 of October 1680.

THAT upon confidence and expectation of Protection and Preservation of their Lives, Liberties and Estates, with the quiet injoyment of the Protestant Religion, under the Government of Queen Elizabeth and Her Successors. Many Worthy persons, related to Sr. William Courten, transported Themselves and their Families, out of Flanders, Brabant, and the other Spanish Netherlands; amongst whom, the Father and Mother of Sr. William Courten arrived in England, from Menen in Flan∣ders,* 1.1 in the year 1567. And having remitted their Monies and other Effects from beyond the Seas, exercised the Trade of Merchandizing in Silks and Linen, during their Lives in the City of London, and left two Sons and a Daughter, named William, Peter, and Margaret Courten, unto whom they gave plentiful Estates.

Sr. William Courten, being the eldest Son, intermarried with the Daughter and Heir of Peter Cromeling, a Linen-Merchant, of Coutrick in Flanders, who left a personal Estate of sixty Thousand Pounds Sterling to his said Daughter; provided, that fifty Thousand Pounds thereof should be laid out in Lands, in the Kingdom of England, and settled upon Peter Courten his Grandchild, begotten of his said Daughter, by the said Sr. William, which set∣tlement was made accordingly; And the said Peter afterwards▪ (being made a Barronet) married with the Lord Stannop's Daughter, but died without Issue, and left the Estate to Sr. William Courten, his Father.

In the Year 1606 Sr. William Courten, Peter Courten his brother,* 1.2 and Iohn Moncy of Lon∣don, Merchant (who married the said Margaret Courten, Widow of Matthias Boudaen) entred into a Trade of Partnership, with a joynt Stock, two parts whereof belonged to Sir William Courten, and to the said Peter Courten and Iohn Moncy, each a fourth part. This Trade in Company was carried on for 24 years together, to several parts of the World, wherein they returned yearly 200000 l. Sterling and upwards, (Communibus Annis,) in the Linen Trade, Italian Trade, Barbary Trade, French Trade, and Whale-Fishing, up∣on their Joynt Stock aforesaid;* 1.3 then Peter Courten, in the year 1630 (being lately Knigh∣ted in England) dyed at Middleburgh in Zealand, where he lived, and had gotten the greatest part of the effects abroad into his hands, and left Peter Boudaen, Son of the said Matthias, his Executor. And in the year following, Iohn Moncy transported himself from London to Zealand, to settle the Accompts of the Company, where he died, in the year 1631, at the House of the said Peter Boudaen, before the Accompts were finish'd, and left Sir William Courten and Peter Bondaen his Excecutors,* 1.4 liable to pay the Debts of the Com∣pany, due upon Bonds to divers persons in England, Flanders, and Brabant, which were many and great.

Sir William Courten, by his second Wife the Daughter of Mr. Moses Tryan, had one Son and three Daughters, named William, Hester, Mary, and Ann, who were married into several Noble and Worthy Families, (viz.) Hester intermarried with Sir Edward Littleton of Pilleton-Hall, in the County of Stafford Barronet; Ann intermarried with Essex Deverux of Leigh-Court▪ in the County of Worcester Esq after his decease, with Sir Richard Knightly of Fausely in the County of Northampton; Mary intermarried with Anthony Earl of Kent; and William, the Son and Heir, intermarried with the Lady Catherine, Daugh∣ter of Iohn late Earl of Bridgewater.

After the decease of the two Partners aforesaid, (both free Denizons of England) Sir William Courten endeavoured to settle the said Accompts, and to call home the effects of his Estate out of the hands of Peter Boudaen Merchant at Middleburgh, which could not be done by any means, during the Life of Sir William Courten, the Magistrates of Middle∣burgh having protected him from the ordinary course of Justice, as they have done his Sons and Heirs ever since, in several Suits depending, to the Damage of Courten and his Cre∣ditors, the Sum of 123460 l. Sterling and upwards, as by the Ballance of the Books kept by Mr. Iohn Moncy in England, appears.

Sir Peter Courten and the said Peter Boudaen having qualified themselves to be Directors of the East and West-India Companies, by purchasing many great original Actions in the Chambers at Middleburgh in Zealand, with the very individual Monies gotten into their hands, out of the proper Estates of Sir William Courten and his Creditors. The Magi∣strates of Holland and Zealand holding it for a Maxim, that it would be of bad conse∣quence to their State, if they did not protect Strangers and their Goods against all other Forreign Invasions whatsoever.

The like Protection the States of Holland have given to Iacob Pergens of Amsterdam, by express Orders to the Courts of Iudicature at Amsterdam, and the Hague, that they should refuse English-men all the ways of Justice, upon several Actions depending against the said Pergens, for Monies gotten into his Possession upon several Trusts, Letters of Attorney, and private Contracts with William Courten Esq amounting to 15000 l. Sterling and up∣wards; Even for which the said Pergens, by his own Covenant had contracted to be ac∣countable to the said Courten, or his Assigns.

This Iacob Pergens was born at Cologne in Germany, bred up in London, and made a free Denizon of England, then, upon his marriage with the Sister of Peter Boudaen became a Burgher of Middleburgh, afterwards an Inhabitant at Amsterdam, and one of the Dire∣ctors of the West-India Company there, who claims sometimes the priviledge of an English-man, at other times of a German; and, as occasion offers, he claims the priviledge of a Zealander, and often times of a Citizen and Free-Burger of Amsterdam: and when he is impleaded at any other place, his Exceptions are, That he ought not to be sued in any place, but only before his Competent Judges of Amsterdam, where the Courts of Justice are closed up against all English-men that prosecute their rights against him.

Sir William Courten, in his particular Trade (distinct from the Company) having recei∣ved several wrongs and injuries by the Spaniards, procured Letters of Mart or Reprizals, in the second year of the late King Charles, to do himself Right and Justic; and sent forth Captain Iohn Powel, and Henry Powel his Brother, with two Frigats, well fitted aud equip∣ped into the West-Indies, who having discovered the Island of Barbadoes not inhabited by any people whatsoever, landed there, and made a survey of the Soil and Scituation; and at their return perswaded Sir William Courten to fortifie and settle Plantations upon the said Island; who did, at his own proper Costs and Charges, expend the Sum of 28000 l. Ster∣ling in Building,* 1.5 Plantations, and Transporting Men, Women, and Servants. And being in quiet possession for the space of two years, he procured a Grant under the Great Seal of England, Tertio Caroli primi, to the Earl of Pembroke and his certain Deputies; for the Government thereof according to the Laws of England, which subjected the same to the Dominion of the King, but the Freehold and Soil, by the Law and Original of all Propri∣ety, was rested in Sir William Courten and his Heirs for ever. Nevertheless, Iames late Earl of Carlisle, by colour of a pretended Grant, as Lord Proprietor of the Caribee Islands, in the year 1628, with his Complices, Subjects of England, enters the said Island by force of Arms, and dispossessed the said Sir William Courten, his Servants and Planters of their Fortifications, Houses, and Plantations, and do still continue the possession thereof, against all Justice and common Right; many Families having raised themselves by the Fruits and profits of the said Island, out of the ruins of Sir William Courten and his Creditors:

In the year 1632 Sir William Courten having procured several Fishermen and their Fami∣lies out of Holland and Zealand, as also Net-makers and Ship-Carpenters, for building Herring-Busses and Dogger-Boats. They were made free Denizens of England, and dwelt in divers Towns adjacent to the Sea. Then several joynt Stocks were raised, for incouraging the Herring-Fishing and Cod-Fishing upon the English Coasts. Whereupon the Hollanders and Zealanders, under hand, got Letters of Mart from the Spaniards,

and took the said English Busses and Doggers, and procur'd them to be confiscated at Oast-End and Dunkirk, under pretence they were Dutch Effects: And oftentimes fishing in company with the English, would in the Night time cast great Stones into their Nets, and spoil their whole Voyages for that season; by which indirect practices the English were so discouraged, that after the loss of above 50000 l. Sterling and upwards in the Enter∣prize (as appears by the Accompts of Sir William Courten and the other Treasurers) the whole undertaking was laid aside in Companies, to the great Damage and Dishonour of the King and Kingdom.

That the late King Charles,* 1.6 in the 11th. year of his Reign, together with several Lords of the Council, perswaded the said Sir William Courten to undertake Trading Voyages to China and Iapan; and for that purpose, granted him, and others in Company with him, a new Charter for an East-India Trade, in the year 1635. Then Sir Paul Pyndar, being a man of a publick Spirit, was moved by the King to furnish and advance the Sum of 36000 l. to Sir William Courten in the first Expedition; for which he had assignments upon several Ships. The Hollanders then finding that it might hinder their Commerce, obstruct∣ed them in the said Voyages, under pretence that they traded with the Portugals, their Eni∣mies. But before any of the said Ships returned, Sir William Courten died, upon whose Foundation the East-India Company of England afterwards take their times, steps, Mea∣sures of Trade, and Correspondence.

Sir William Courten, in his Life-time, having contracted many great Debts, concer∣ning his several undertakings and ways of Traffick aforesaid; left his only Son and Heir William Courten, his sole Executor, obliging him upon his Death-bed to preserve his Cre∣dit at home and abroad, especially to prosecute the East-India Trade; But soon after the News of Sir William Courten's Death was spread in the Low-Countreys, the East-India Company of the Netherlands by Force and Fraud used all the Stratagems possible to ru∣ine Mr. Courten's Trading Voyages. And after the loss of the two Ships, Dragon and Ca∣therine richly Laden from China and Iapan. The Officers of the Dutch East-India Com¦pany in the beginning of the year 1643, and in the midst of the disorders in England took advantage, when the King could not protect his Subjects abroad, to spoil Mr Courten and his Partners of other Ships, Goods, and Merchandize in those remote parts of India.

But the Constitutions of these times, for the space of 20 years, from 1640. to 1660. rendred Mr. Courten, Sir Paul Pyndar, and their Associates, so obnoxious to the Powers in being, that Mr. Courten was forced out of England, and died in his Exile; The others remained passive until the King's most happy Restauration, who then for 4 years together, earnestly sollicited, both at home and abroad, upon the Kings Recommendation, and Order of the Council-Table for restitution and reparation for the spoyls and depredations of the two Ships, Bona Esperanza, and Henry Bonadventura, without effect. Notwithstanding a Worthy Member of the Commons in Parliament had a considerable Sum of Money depo∣sited in his hands, in trust to be placed in Holland, to procure an honourable Composition from the States, or the East-India Company of the Netherlands, which was not done. (yet this worthy Member does not only refuse to refund the Mony, but being sued in Chancery for it, sometimes insists upon the Priviledge of a Parliament; and at other times pleads the Statuts of Limitations.) Then a Grant passed under the Seal of England, of common Right, in due form of Law, for Satisfaction and Indempnity of the persons interested and injured. An Authentick Copy whereof hereafter follows.

A Copy of the Letters Paetents for Reprisals against the States General, and their Subjects, (Inrolled in Chancery,) for Satisfaction of 151612 l. Sterling, with Costs and Damages.

CHARLES the Second by the Grace of God, of England, Scotland, France and Ireland, King, Defender of the Faith, &c. To all Christian People to whom these presents shall come, Greeting: Whereas our loving Subject William Courten Esq Deceased, and his Partners Anno 1643. by the depredation and hostile Act of one Geland, Commander in chief of two Ships belocging co the East-India Company of the Netherlands, was betwéen Goa and Maccao in the Streights of Malacca, deprived, and most injuriously spoiled of a Ship named the Bona Esperanza, and of her Tackle, Apparel and Furniture, and all the Goods and Lading in her, upon a very hopeful Trading Uoyage to China, which were carried to Batavia, and there all de facto without due Process of Law confiscated; And that also in the same Year another Ship of our said Subject, called the Henry Bonadventura being come on ground near the Island 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 William Courten, and his Assigns in his Life time, used all possible endeavours to recover the said Ships and Goods, and to procure further Iustice against the Malefactors, and yet could obtain no Resti∣tution or Satisfaction, whereby they became to be much distressed, and utterly undone in their Estate and Credit: And that thereupon, and upon the most humble supplication and Adresses of Francis Earl of Shrewsbury, and William Courten Esq Grand-son, and Heir of the said Sir William deceased, Sir John Ayton and Sir Edmond Turnor Knights, George Carew and Charles Whitaker Esqs on the be∣half of themselves and divers others Interested in the said two Ships Bona Esperanza, and Henry Bon∣adventure, and in the Estates of the said Sir William Courten deceased, Sir Edward Littleton Baronett, and Sir Paul Pyndar Knight deceased; 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 busi∣ness, 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 Iustice, 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 said States General by Our said Envoy, and nothing granted effectual for Relief of our said Subjects, (whom We take Our selves in Honour and Iustice, concerned to be satisfied and repaid,) We lately commanded the said Sir George Downing to intimate and signifie to the said States, that We expected their final 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 Our selves thereupon, that Our aforesaid Subjects might be relieved according to Right and Iustice; And yet no satisfactory Answer hath béen given, so that We cannot but apprehend it to be, not only a fruitless endeavour, but a prostituting of Our Honour and Dignity, to make further Application after so many denyals and flightings. And whereas John Exton Doctor of Laws, Iudge 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 William Courten and Partners, whose Interests is now vested in Our Loving Subjects Sir Edmond Turnor Knight, and George Carew Esq and Partners, hath upon full Examination, and Proofs 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 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 Mer∣chandizes; of which the said William Courten, and the Assigns of the said William Courten and Par∣tners, were so despoiled as aforesaid, with all such Costs and Charges as they shall be at for the re∣covery of the same; We by the Advice of our Privy Cotucil have thought fit, and by these presents do grant Licence and Authority under our great Seal of England, unto Our said Subjects Sir Edmond Turnor and George Carew, their Executors, Administrators, and Assigns, for, and on the behalf of themselves, and other Persons interessed as aforesaid, to equip, victual, furnish, and to set to Sea from time to time, such and so many Ships and Pinaces as they shall think fit. Provided always that there be an entry made and recorded in the Admiralty Court of the Names of all Ships and Uessels, and of their Burthen and Ammunition, and for how long time they are victualled; And also of the Name of the Commander thereof, before the same or any of them be set forth to Sea; And with the said Ships and Pinaces by force of Arms to set upon, take and apprehend any of the Ships, Goods, Moneys and Merchandizes of the said States General, or any of their Subjects, inhabiting within any their Do∣mainions or Territories wheresoever the same shall be found, and not in any Port or Harbour in England or Ireland, unless they be the Ships and Goods, of the Parties that did the wrong. And the said Ships, Goods, Moneys 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, and Iudgement shall be given in Our Court of Admiralty by the Iudge or Iudges thereof, for the time being, upon proofs made before him, or them, that the said Ships, Goods, Wares, Merchandizes, or Money, did belong to the States General, or any of their Subjects as aforesaid. That they shall be law∣ful

prize to the said Sir Edmond Turnor, and George Carew, their Exetutors, Administrators and Assigns as aforesaid, to retain and kéep 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 Bene∣fit, in as ample manner as at any time heretofore hath béen accustomed by way of Reprisal, and to have and injoy the same as lawful Prize, and as their own proper Goods, so that neither Captain, Master, nor any of the Company, that shall serve in his own Person, or shall promote and advance the said enter∣prize in manner and form aforesaid, shall in any manner of wise be reputed or challenged for an Offen∣dor against any of Our Laws. And that also it shall be lawful for all manner of persons as well Our Subjects, as any other to buy the said Ships, Goods and Merchandizes so taken, and apprehended by the said Captains, Masters and others, and adjudged as aforesaid, without any damage, loss hinderance trouble or molestation, or incumbrance to befal the said Buyers, or any of them, in as ample and law∣ful manner, as if the Ships, Goods, Wares and Merchandize, had been come and gotten by the lawful Traffique of Merchants, or of just prizes in the time of open War. Provided always that all Ships, Goods, and Merchandizes, taken by virtue of this Our Commission shall be kept in safety, and no part of them wasted, spoiled, or diminished, or the Bulk thereof broken, until Iudgement have first past as aforesaid. That they are the Ships and Merchandizes of the States General or some of their Subjects aforesaid. And if by colour of this our Commission, there shall be taken any Ships, Goods, or Merchan∣dizes 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, and imbezelled or diminished, or the bulk thereof broken in any place before they shall be adjudged to be∣long to the States General, or some of their Subjects as aforesaid. That then this Commission shall be of no sufficient Authority to take the said Ships, Goods, and Merchandizes, or to warrant, or save harm∣less such as shall receive, buy, or intermeddle therein, but that the prizes so taken, and the said Ship of War, shall be confiscated to Our use. And further We do hereby declare that it is Our Will and Plea∣sure, that this Our Commission shall remain in full force and power, to all intents and purposes, until the said Sir Edmond Turnor and George Carew, their Executors, Administrators, and Assigns, as afore∣said, shall by vertue thereof have by force of Arms apprehended, taken, seised, recovered, and re∣ceived from the said States General, or their Subjects, One hundred fifty one thousand six hundred and twelve pounds according to the Appraisement to be made by sufficient Appraisers upon Oath nominated and authorised in Our said Court of Admirally, of all such Ships, Goods, Wares, and Merchandizes, as shall be taken from the said States General, or any of their Subjects, by vertue 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 Edmond Turnor, and George Carew, their Executors, Administrators and Assigns as aforesaid, Notwithstanding it so happen, the present difference between Us, and the States General depending upon general Repri∣sals, may be agreed and composed, and that in the interim a Peace and good Correspondence may be renewed between Us and the said States General; In which case nevertheless, it is Our will and pleasure, that in the execution of this Our Commission no violence shall be done to the Persons of the said Subjects of the said States General; but only in case of resistance, and that after in cold blood, the Subjects of the said States General, if hurt or wounded shall be used with all convenient office of humanity and kindness. And further Our Will and Pleasure is, that although it shall happen that all hostility between Us, and the States General and Our respective Subjects shall cease, yet this Our Commission shall remain, and be in full force and power, to the said Sir Edmond Turnor and George Carew, their Executors, Administrators, and Assigns, as aforesaid, by vertue thereof to apprehend, take, and seize by force and Arms, so many more of the said Ships and Goods of the States General, or any of their said Subjects, as besides the said sum before mentioned shall countervail, satisfie, and pay all such Costs and Charges as the said Sir Edmond Turnor and George Carew, their Executors, Administra∣tors, or Assigns as aforesaid, shall from time to time make proof to have disbursed and paid towards the equipping, manning, paying, furnishing, and victualling of the said Ships so licensed and Authorised as aforesaid, by this Our said Commission to be equipped, manned, furnished, and victualled by the said Sir Edmond Turnor and George Carew, their Executors, Administrators, and Assigns, as aforesaid for the purpose aforesaid. And Our Will and pleasure is, and We de hereby require Our Iudge or Iudges of Our High Court of Admiralty, for the time being, and all other Officers of the Admiralty, and all other Our Iudge, or Iudges, Officers, Ministers, and Subjects whatsoever to be aiding and as∣sisting to the said Sir Edmond Turnor and George Carew, their Executors, Administrators, & Assigns, as aforesaid, in all points in the due Exectuion of this Our Royal Commission, and to procéed to adjudica∣tion, and adjudge all Ships, Merchandizes, Monies, and Goods by vertue hereof to be taken & proved to belong to the said States General, or any of their Subjects, to be lawfull prize to the said Sir Edmond Turnor and George Carew, their Executors, Administrators, or Assigns, as aforesaid, according to our Princely intention, hereby signified and expressed, and to take care that this Our Royal Commission be duly executed, and favourably interpreted and construed in all respects, to the benefit and best advan∣tage of the said Sir Edmond Turnor and George Carew, their Executors, Administrators, and Assigns, as aforesaid. In Witness whereof, We have caused these Our Letters to be made Patents. Witness Our self at Westminster the 19. day of May, in the 17. Year of Our Reign.

Per ip'm Regem.

It is to be considered, that upon some Spoyls and Depredations done by the West-India Com∣pany of Holland, to the English, upon the Coast of Guinny, whereby the Affrican Company suf∣fered great Dammages and Affronts, (the King and His Royal Highness the Duke of York, having particular shares and proportions therein,) for want of Satisfaction, and Reparation. In conclusion, General Reprizals were Proclaimed against the States and their Subjects, before this grant aforesaid passed, for Particular and Special Reprizals in Courtens Case; although it was in agitation some years before. Yet after all this, the Proprietors Applyed themselves respectively to the States, and Directors of the East-India Company, to accomodate that Affair, rather then to put the said Grant into Execution, and when nothing would prevail; several Commissions in the year 1666. were Assigned to Captain Edward Lucy, Nicholas Carew, Iohn Holmes, Edward Manning, Tyrence Byrne, and other Captains and Commanders, who brought in several Ships and their Ladings as Prize; but in regard the Hollanders Traded under the Colours and Trusts of the Swedes, Hamburgers, Flemmings, Breamers, Dantzickers, Lubeckers, and other Nations in Com∣mon amity with England; the Ships and Goods so brought in, were most of them claimed by several Agents from the Subjects of those Nations, or the Residents of those Princes and States, whereupon they were restored by the Judge of the Admiralty; so that there was not bona fide Fifteen Hundred Pounds recovered, as by the Register in the Court of Admiralty appears, before a Proclimation Issued forth on the 10th. of August 1666. to suspend the Execution of the said Letters Patents, under pretence of Misdemeanours in the Captains, with an Order of the Councel Table of the same Date, to Commit the said George Carew, who granted the said Commissions; although neither of the said Captains, nor the said Carew were ever Summoned, or Questioned judicially, to answer any charge against them.

Then the Proprietors, and Persons interested, Presented their Petition to His Majestie, to have some satisfaction for the present, out of the Prizes taken from the East-India Company of Holland, and others by the Kings Ships; but answer was given, that they were to be disposed for other Services; the War being Proclaimed for General Reprizals, and that the Petitionors might resort to their own special Grant, in a more seasonable time, the Seamen being wanting for the Kings Ships.

Then some of the most considerable Creditors, made several inspections into His Majesties Speeches, and Orders, of both Houses, in relation to the War against Holland. A very remark∣able one, being deliver'd by the Earl of Manchester, Lord Chamberlain of His Majesties Household, with his Speech made to the Lord Mayor, Aldermen, and worthy Citizens of London, at a Com∣mon-Hall on Tuesday the 1. of December, 1664. (viz,)

Die Veneris, 25. November 1664:

Ordered by the Lords Spiritual, and Temporal, and Commons in Parliament Assembled, that the thanks of both Houses of Parliament, be given unto the City of London, for their forwardness in Assisting His Majesty; and in Particular, for Furnishing Him with seve∣ral great Sums of Money, towards His preparations, for the Honour, Safety, and Trade of this Nation.

And more Especially well weighed several Periods, of His Majesties Speech to both Houses of Parliament, on the 24th. of November 1664. as followeth. (viz.)

Mr. Speaker,

ANd you Gentlemen of the House of Commons, I know not whether it be worth My pains, to endeavour to remove a vile Iealousie, which some ill Men scatter abroad, and which I am sure will never sinck into the breast of any Man who is worthy to sit upon your Benches; that when you have given me a Noble and proportionable Supply, for the support of a War, I may be induced by some evil Councelors, (for they will be thought to think very respectively of my own Person,) to make a suddain Peace, and get all that Mony for my own private occasions.

But let me tell you, and you may be most confident of it, that when I am compelled to enter into a War, for the Protection, Honour, and Benefit of my Subjects; I will (God Willing) not make a Peace, but upon the obtaining and securing those ends, for which the War is entred into; and when that can be done, no good Man will be sorry for the deter∣mination of it.

WHereupon the Commons of England acknowledging, (in the Preamble of their Acts) with all humility and thankfulness to His Majestie, for his abundant care in their preservation at Sea, and of the great Charge necessary for the defence thereof, Granted at several times, Five Millions, Four Hundred and Four Thousand Seven Hundred and Fifty Pounds Eleven Shillings and Eight Pence; for Extraordinary Supplies towards the Wars, out of which his Royal Highness the Duke of York, had the Sum of One Hundred, and Twenty Thousand, Nine Hundred and Two Pounds, Fiftéen Shillings and Eight Pence, a Months Tax, for his Heroick courage at Sea, against the Hollanders.

Upon this consideration, the said Creditors, and those intrested in the Letters Patents, for the special Reprizals, applied themselves, again in season, and out of season, to His Majestie and the Councel, for some Reparations, out of the Imbeazilments of the Prizes taken by the Kings Ships, from the Dutch, or out of the Monies given by Parliament; but answer was made, that His Majestie had done for the Petitioners already, all what the Law required, and so they might rest satisfi'd therewith, the Debt being stated and ascertained by a Grant for reparation under the Great Seal of England.

Afterwards in the Month of Iune 1667. Preparations being made for a Treaty of Peace, and common Alliance at Breda, the Creditors and Proprietors, concern'd in the Bona Esperanza, and Henry Bonadventura, applied themselves to the King, and Ambassadors Extroardinary on both sides; as also unto the Directors of the East-India Company of the Netherlands, that satisfaction might be given in that singular Case of Courten, to take away the continual Claim and Execution so intailed by the Especial Grant, under the Great Seal of England, that would perpetually be incumbant upon the States General, and the East-India Company of the Netherlands, until Restitution be made; then Iohn de Wit the Pensionarie of Holland, (who offered Four Hundred Thousand Guilders in the year 1663.) had the Confidence to send the draught of the following Articles (inter alia) in contempt of the King and Kingdom, pretending the States had subdued the Parliament, by the surprize at Chattam.

An Abstract of Five Select Articles of the Treaty at BREDA.

3. Also that all Offences, Injuries, Dammages, and Losses, sustained on either side by the King and the States, or their Subjects, during this War or at any time before, upon any cause or pretence whatsoever, be totally Expunged and Buried in Oblivion.

4. Moreover that all Ships, Goods, and Movables, which at any time before had come into the Power of either Party, or their Subjects, should remain to the present Pos∣ssessors thereof, without any Compensation or Restitution for the same, and with∣out any Exception of place, time, or things.

5. Moreover, that all Actions, Suits, and Pretentions whatsoever, for the same should remain void, obliterated, and disanuled, and nothing moved thereupon hereafter.

8: Its also agreed, that under the aforesaid Renuntiation and Stipulation, all Letters of Marque; Reprisals, and Countermarque, General, and Particular, ought to be compre∣hended, and revoked, by vertue of that Article accordingly, notwithstanding any Grant, to the contrary.

23. That in case it happen during this Friendship and Alliance, that any thing shall be done to the contrary, nevertheless the Alliance shall not be Broken, but conti∣nue in Force, only those particular Persons shall be punished, that shall do any thing against the Treaty.

The words in the Articles being set down so general, that might admit of forced interpretations, beyond the Common intendment of the Embassadors, and other Mi∣nisters of State. Applications were made to Iohn de Wit, chief Minister at the Hague, by the Advocates and other Agents of Courtens Creditors; who told him that a great

care ought to be had, of particular and private Mens Debts, and Interests; and especial∣ly a tender respect to the Kings Honour and Reputation; And finally that as the Ar∣ticles were penned, and sent to Breda, they were repugnant to the Laws of God, and Man∣kind, and particularly against the Laws and Statutes of England; yet de Wit was so puft up with Pride and Insolence, that he would give no other answer then this; Valeat ut Valere potest, and so the Articles were Signed accordingly, on the 21. of Iuly, 1667. Old stile.

Note that such words are without any president, and were never used in any former Treaty in the World, nor mentioned in any Article of the other Treaties with France, or Denmark, made at the same time in Breda, but were Couched in by John de Wit, as if he had a design and purpose, that the Hollanders and Zealanders should swallow up all Debts, Accounts, and sunis of Money of Englishmen; gotten into the Banks of Am∣sterdam and Middleburgh, upon any cause or pretence whatsoever.

The Treaty of Commerce, and Common Alliance being so concluded; It is very re∣markable and worthy of your Observation, what followed within few Years after; upon the 10th. of August Old stile. Behold the judgement of God Almighty, in his Providence concerning the said Iohn de Wit, (that so worded and writ the Articles of the said Treaty,) and Cornelius de Wit his Brother Burgomaster of Dort, Plenipotentiary in the Surprize at Chattam, during the said Treaty.

Their Tongues were cut out of their Heads,* 5.1 and their Fingers cut off their Hands, and their Lungs pulled out of their Bodies by their own Subjects in the Hague; even in the view and presence of the said George Carew, who was then a Prisoner there, Committed by the States of Holland, under pretence of a Spie, but escaped the danger, and had been formerly, (at the instance of some common claimers of Dutch Goods) committed at London, by Order of the Councel, on the 10th. of August 1666. as a∣foresaid; and the Letters Patents for 151612 l. and Damages, on the same day or∣dered to be suspended.

In the Year 1671. the Treary at Breda, being declared void by the King and Councel, and another War Proclaimed for General Reprizals. The Proprietors of the Bona Espe∣ranza and Henry Bonadventura made fresh application to the King and Councel, for publick relief against the States, (a Common Wealth sensible, neither of Conscience nor Honour) in Courtens Case; whereupon it was referred to a select Commitee of the Lords of the Councel, who reported their opinion, under their Hands in terminis, as follows, (viz.)

In obedience to your Majesties Order in Councel,* 5.2 on the 22. of March 1671. We Humbly represent to your Majestie, that the Debt and Damages of those Petitioners, being stated under the Great Seal of England, whereby its granted by your Majesty, that 151612 l. with all Costs and Charges shall be Reprized. We further humbly represent to your Majesty, that by the Treaty at Breda, all reparations were extinguished, and cut off. Yet since that time the States General of the Netherlands, have not only been refractory in the performance of any agreement concluded on, but also have committed many violences and depredations, whereby they have wholly cancel'd the obligations of all past Treaties and Agreements, and left your Majestie and your Subjects as free in all Iustice and Equity, as if they never had been made. And therefore we humbly presume, to report our opinions to your Majesty, that it is now but just and seasonable, for your Majestie to insist upon reparations, for the Debt and Damages aforesaid.

In pursuance whereof, His Majestie on the 7th. of Iuly 1672. sent his Lettes under his Sign Manual (to omit no time) to his Plenipotentiaries then at Vtrecht, to require intire and full satisfaction and reparations of the States General, in the singular Case of Courten, expressing with great zeal and earnestness, that his care in that case, should be to protect his Subjects in their just rights, as well as to Assist them in the recovery thereof. Afterwards by express Order of the Councel Board, Instructions were given to the Lords Ambassadors, and Plenipotentiaries at Cologne, to that end and purpose.

The States then underhand appealed, by their Printed Papers, to the Subjects of England, for a seperate Peace, in that juncture when they were almost brought upon their Knees, and would not condescend to any agreement at Cologne, but sent a Letter to the King, by the Spanish Ambassador, unto whom they had given a procuration, with instructions to make up such a suddain Peace with the King; whereupon His Majestie made this Speech following to both House of Parliament, on the 24th. of Ianuary, 1673. Old stile.

The Kings Speech.

My Lords and Gentlemen,

AT the beginning of this Session, I told you as I thought I had reason to do; that the States General had not yet made Me any Proposals, which could be imagined, with intent to conclude, but only to amuse.

To avoid this Imputation, they have now sent Me a Letter by the Spanish Ambassador, offering Me some Terms of Peace, upon conditions formally Drawn up, and in a more desent Stile then before.

It is upon this, that I desire your Speedy Advice; For if you shall find the Terms, such as may be imbraced, your Advice will have great weight with Me; and if you find them Defective; I hope you will give Me your Advice and Assistance, how to get better Terms,

Vpon the whole Matter, I doubt not but you will have a care of My Honour, and the Honour and safety of the Nation, which are now so deeply concerned.

The Substance of the Overtures in the said Letter, being commu∣nicated to both Houses of Parliament; were as follows, (viz.)

THat the States General, and their Subjects, should acknowledge the Kings Dominion and Soveraignty of the Seas, by striking to the Kings Ships, as was Proposed.

That a regulation of Trade should be settled and adjusted in the East-Indies, by a certain number of Commissioners, to be appointed of Each side, and a Treaty Marine also settled by the said Commissioners with∣in a certain time to be prefixed.

That Eight Hundred Thousand Pattacoons should be paid to his Ma∣jestie, at four equal payments; the first upon ratifying the said Treaty; and the other by three Yearly payments.

That the Queen Regent of Spain, should be Guarrantee, for the perfor∣mance of the said Articles.

Whereupon both Houses of Parliament Adressed themselves severally to the King, to accept of the said Overtures for a Peace with the States, seperate from France, which were drawn into formal Articles, wherein this Seventh Article was Interlarded, concerning the Memorable Treaty at BREDA, (viz.)

VII. Quod tractatus Bredae conclusus Anno; Domini 1667. Sicut Etiam omnes alii precedentes trastatus per illum tractatum confirmari renoventur, & maneant in plena vi ac vigore, in quantum presenti tractatui nullaetinus contradicunt.

But as to the Freedom and Advantage of Fishing upon the English Coast, (a Royalty so inherent to the Crown of England, that His Majesty cannot Sell, or Depart withall unto Strangers,) the Hollanders Say, was thrown into the Bargain Gratis, upon the account of the Prince of Orange, so long as he shall injoy the Offices of Stat-holder, Lord High Admiral, General, and other Offices, and Honours of his Ancestors.

This last Treaty being Concluded, Ratified, and Published, the Interested in the Bona Esperanza, and Bonadventura, Addressed themselves, both to the King, and the States General, respectively, to be paid and satisfied out of the Pattacoons, Protesting, otherwise that they should be necessitated to put their Letters Patents into Execution, to Levy and Reprize their Debt and Damages aforesaid.

The Proprietors were in good hopes, they should not meet with any difficulty in attaining their ends, when they found the Treaty Signed by five Principal Ministers of State, on the Kings side, (viz.) H. Finch, C. S. Latimer, Ormond, Arlington, and H. Coventry; For that the Warrant and Proceedings, concerning the said Patent passed through the Lord Arlington's Office, when he was Secretary of State, and directed to Sir Heneage Finch, to prepare the Bill when he was Sollicitor General, in the time that the Lord Roberts kept the Privy-Seal, and had been debated by H. Coventry, when he was Ambassador at Breda, and the Pattacoons left to the disposing of Latimer Lord High Treasurer of England, who knew the Kings Honour and Reputation lay at stake with His Subjects, concerning that Affair.

But yet nevertheless, a 4th. Part of the said Pattacoons, were presently Assigned to be paid to Alderman Backwel, for other Services, and the Six hundred thousand remaining, were transferred by the said Latimers advice, (and another Minister of State, much admired in Holland) to the Prince of Orange, for old Debts due to his Father and Grandfather, from the late King, (as is pretended) and no care taken to satisfie the said 151612 l. with Damage, either by his Majestie; or the States but left in statu quo, under all those circumstances aforesaid.

Wereupon Divers of the Creditors finding there Rights, Liberties, and Proper∣ties Invaded; first, strictly Examined the several Treaties, and then reduced their Case into two Questions, as follows, and took the Advice of several most Learned Lawyers thereupon, (viz.)

1: Whether the Letters Patents for Reprizals before-mentioned at large, in Folio 4, 5. and the Powers and Authority thereby granted, can be Revoked, Repealed, or the Execution thereof Suspended by Proclamation. Scire facias, Supersedeas, Articles of Peace, or any way whatsoever, before Satisfaction and Reparation should be had or made, for the said 151612 l. to the Persons Interested and Injured, or not.

2 Whether any particular Debts, due from the Subjects of the States General, to Sir William Courten, or Sir Paul Pyndar, their Executors; Administrators, or Assigns, by Bills of Exchange, Bonds, Accompts, Covenants, or other private Contracts in Trade, were Released or Discharged, by the said Articles of the Treaty at Breda, recited in Folio 7. or were ever intended to be Comprized, or Comprehended, within the said Articles, or not.

Answer to the First Question.

OUR Forefathers were so careful of Merchants Rights and Properties, and so Pro∣vident for the Maintenance and Encouragement of Navigation, and Commerce; that in all Cases of Spoyls and Depredations, whereupon any Offences, Injuries, Damages, or Losses, at any time happened to the Subjects of England, at Sea, the Injured applyed themselves for present Relief to the Writ;* 6.1 de arresto facto super bonis mercato∣rum alienigenium pro transgr. facta mercatoribus Angliae; and the words Recited in the Writ, are for that the Offence is done, contra Legem & Rationem, and not contra pacem.

In those days the Persons and Gods of Merchants Strangers, were Arrested in Eng∣land, for the Offences and Injuries committed, by the Subjects of the Prince or State, unto whom they belonged that did the Damage. Whereupon the Subjects belonging to the Maritine Provinces, under the Duke of Bourgundy, and divers parts of France, comming to the Staple and Mart Towns in England, made great complaints to the King and Councel, of grievous pressures upon them, by suffering in English Ports and Har∣bours, for the Offences of other Men.

In consequence whereof an Act of Parliament, passed in their favour, 27. Edw. 3. Statute 2 Chap. 17 That the Rigour of those Writs should be taken away, and in liew thereof, in all Cases of Spoils, the Subjects of England should for their Relief have the Law of Marque, without Fraud or Delay, therefore to prevent the failer of Iustice, such Letters were to be granted Effectually; otherwise liberty would be taken to commit the greatest Injuries and Offences whatsoever, unpunishable, to the prejudice of all Commerce, and Humane Society.

Justinian agreeth herewith in his Book de jure Nat.

And Grotius sayes that the later Lawyers calls it the Right of Reprizals, the Saxons and old English Withernam, and the French Letters of Marque.

In several Countries they are asked of the Iudges, and by the Common Law of Eng∣land, they were used to be asked of the King, but the Subjects finding many Delays, and great Expences in those proceedings, to their vast prejudice by Secretaries of State.

Upon the Complaints of the Commons of England in Parliament, an Act passed in the 4th. Year of Henry the 5th. whereby a remedy was provided, for their more speedy Re∣lief, in all Cases of Spoyls, and Depredations, against Leagues, Amities, Truces, and safe Conducts, the parties grieved, having liberty thereby to Address themselves to the Keeper of the Privy Seal for the time being, for Letters of Request, who (upon Manifest proofs and Evidence, of the wrong appearing) shall grant Letters of Request, in due form (if so required) for Restitution and Reparations, from the parties that did the Injury, (that is to say, from the Prince, State, or Supream Power) which if not made in a convenient time prefixed, that then the Lord Chancellour of England, shall make to the party grieved, Letters of Marque or Reprizals, under the Great Seal of England, in due form of Law; And by a Statute in the 14th. Edw. 4th. It was En∣acted, Established, and Confirmed, that all Statutes, and Ordinances against Offences, Injuries, Damages, and Losses, done by Breakers of Leagues, Amities, Truces, and safe Conducts, shall be in full Force and Effect.

By which Statute-Law (wherein every Subject of England hath an Interest,) the Lord Privy Seal, and Lord Chancellour are bound to grant the said Letters Respectively. Ex Officio, of Common right, they being upon their Oaths to do their Office Iustly; otherwise it would be a Uiolation of their trust.

And therefore without Satisfaction and Reparations first had, and obtained in the Case of Courten for the Debt of 151612 l. and Damages, the Chancellour cannot legally pass any Act, Supersedeas or Proclamation under the Great Seal of England. to Revoke or make void the said Letters Patents, or to suspend the Execution thereof, (being the effect and fruit of several Acts of Parliament, for Relief of particular Subjects, that were Spoyled and Injured, against Leagues of Common Amity and Truces.) Whereas in the High Court of Chancery, his Lordship cannot Relieve any Person whatsoever, Stranger or Denizon against a Statute-Law.

Grotius and the Learned Selden agree, that after a Depredation Committed by the Subjects of one Nation, to those of another; and that the Damage hath been Stated, and Letters of Request Issued forth, and Iustice denied or delayed, that Immediatly such Damage becomes a National Debt, to the particular Persons Injured; and by the Laws of Nations it ought to be recovered and Paid; therefore Remedy is provided, by the Laws and Statutes of England accordingly.

When an Authority passeth by the Kings Grant, to such injured Persons of Common Right, coupled with an interest, to Levie and Recover the Debt and Damages, when once the Power is Granted (as the Law directs,) the same cannot by any subsequent Act of the King, be Bound or Suspended, without satisfaction to the Parties Grieved, and the reason is plain, because such a Grant and Execution upon it, is no Breach of Peace, or common Alliance, between Princes and States. And it's against the Honour and Interest of the King, both at Home And Abroad; to diminish his own Prerogative, and Royal Grant, (before satisfaction obtained) the Patent being published for a President, in several Languages amongst all the Neighbouring Nations.

Answer to the Second Question.

THat the private Interest of the Subjects of either side, upon Debts, Accounts, Co∣venants, or any civil Contract, in Merchandizing upon the Land, cannot be in any Measure comprized, or comprehended within any Article of the Treaty at Bre∣da, under the notion of Offences, Injuries, Damages and Losses. Therefore they cannot fall under that Construction, or forced Interpretation of those Words; which were intended naturally to Arise from Spoyls and Depredations, terms that ought to have been used in the said Articles; but that the transgressors would Pallitate, Spoyls, and Depredations, by the names of Losses, Injuries, and Damages; and the two Sub∣sequent Articles being relative to the third, having a Dependance upon the said Offences, Injuries, Damages, and Losses, no particular or private Debt, and Damage, can fall under that construction; otherwise all English-mens Money in Holland, and Consequently all Dutch mens Money in England; gotten into the Hands of Bankers on either side, might have been confiscated. But the Wars being Proclaimed for General Reprizals, be∣tween the King and States; particular Men Traded each with other, notwithstanding.

It was therefore an Apparent Breach of the Laws, of Common Amity, and of the Alliance, with the Crown of England, for the States of Holland, on the 10th. of Sep∣tember 1676. to send their Express Order in Writing to the ordinary Courts of Iudi∣cature in Amsterdam, and the Hague; interdicting, and Prohibiting the Iudges from Granting any Process, or doing any Iustice against Jacob Pergens, at the Suit of seve∣ral English-men for Debts, due upon Bills, Bonds, and Covenants, for repayment of Moneys gotten into his Hands, under several trusts.

After this Solemn Debate and Resolution upon those two Points in Question were over; a grand Objection was raised by the Civil Lawyers then Present, which was Answered as follows in Order.

Obj. THat a Soveraign Prince having the power of Peace and War in his Hands, being the Sole Arbiter thereof, may make use of a private Interest, for the publique Necessity, as Sole Legislator in such Cases.

Answ. St. Augustin sayes, that all Humane Laws are Righteous Decrees, agree∣ing with the Natural and Eternal Law, and that there is no Law Iust, or Legitimate, except it agree with them both. All Power being con∣fined within the Bounds of Equity and Reason; there is no Plea or Bar to be allowed against the Law of Nature, which is Immutable.

It's Granted, that God Almighty having trusted Soveraign Princes with the Govern∣ment, for the Protection and Preservation of their Subjects, in their Goods and Pro∣perties. It if be just, the Supream Power, hath sufficient Authority to Restrain any particular Mans Right, for every Mans Good; yet it was ever found most reasonable in all Ages, that when a private Interest was Sacrifized for a Common good, a recompence was made for the private Damages, out of the publick Purse.

Cicero, Tertullian, and other most Learned Authors, do all agree in this point. Verum etsi nostrae tempore necessitatis Patriae conferre debeamus, tamen jure naturae congrui ut Com∣munis salus, Communis utilitas periculum, non unius duntaxat aut alterius, sed Communibus impensis, jacturis periculisque comparetur.

BY the Law of Nature, if a Soveraign Prince and State, enter into a Con∣tract one with the other, upon certain Conditions; the Contract is viod, if the Conditions are not performed.

To clear this point, we need not go far for Presidents; the King of Great Britain, having declared both the former Treaties, (in the year 1662. and 1667.) With the States General to be void upon that account: The States having been refractory in the performance of Agreements concerning Poleroon, and in making reparation for other matters; As even the Treaty at Breda, was Pronounced null and void, upon the like score about Surrinam, &c.

Whereby it appears, that Carew's Right and Demand, was not abolished, or ex∣tinguished; (although seemingly suspended,) which was revived by the Supream Power, and Legislator, the Original Grant remaining Extant upon Record in the Rolls, to be put into Execution, when opportunity best serves; until satisfaction and reparation shall be made, by the one means, or the other.

Now I must Beg your Honours further Patience and Pardon; to shew your Honours who are the most Competent Judges, that the States General and their Subjects, have not only been Re∣fractory, in the Performance of the 8th. and 9th. Articles agreed upon, in the last Treaty; but possitively Broke the first and fifth Article of the Treaty Marine; Signed at London the 1st. of December 1674. By the Commissioners following. (viz.)

• Thomas Culpeper,
• George Downing,
• Richard Ford,
• William Thompson,
• Iohn Iollife, and
• Iohn Buckworth, on the Behalf of the King of Great Britain. And
• Iohn Corver,
• George Sautyn,
• Samuel Beger,
• And: Van Vossen,
• P. Duvelaer,
• M. Michielson, on the Behalf of the States General.

IT being agreed by the 8. and 9. Articles, between the King, and the States General, on the 9. of February 1674. New stile, that six Commissioners were to be named on each side, to settle and conclude upon a Regulation, and Adjustment of Trade, and Commerce in the East-Indies; as also upon a Treaty Marine, in all parts of the World; as by the two several Articles hereafter follows in Latin, taken from the Original, appears.

VIII.

QUod Tractatus Marinus Hagae-Comitis inter partes utrasque Anno Domini 1668. con∣clusus coninuetur pro spatio novem mensium, post hujus praesentis Tractatus pub∣licationem, nisi per subsequentem Tractatum aliter provisum fuerit, interea autem ut consideratio novi super hac re Tractatus ad eosdem Commissarios referatur, ad quo•• commercium per Indias Orientales in Articulo proxime sequenti referetur. Quod si tales Commissarii intra tres menses post primum congressum suum in novum Tractatum Ma∣rinum ex voto non consenserint, tunc res illa quoque ad Arbitrium ac dispositionem Se∣renissimae Dom. Reginae Regentis Hispaniae referetur, eodem plane modo, quo Commercii Orientalis regulatio ad Majestatis suae arbitratione in dicto Articulo proxime sequenti referetur.

IX.

EO quod à mutua & non turbata commercii ac navigationis libertate non solum opu∣lentia, sed pax etiam utriusque nationis summopere pendet, nihil magis curae esse debet utrique parti, quam justa & aequa commerce regulatio, & praecipuè in Indiis O∣rientalibus, & tamen quia res est maximi momenti & multum temporis requiret ut firmi ac duraturi Articuli ad satisfactionem & securitatem subditorum utriusque Partis con∣ficiantur; Cum tamen languens & poene intermoriens plerarumque Europae regionum conditio non minus quam duarum partium in hoc bello implicatarum ad properam hu∣jus Tractatus conclusionem anhelet, supramemoratus Serenissimus Dominus Magnae Britanniae Rex votis & desideriis praedictorum Ordinum Generalium accedere dignatur, ut ejusdem consideratio aequali numero Commissariorum ab utraque parte nominando∣rum referatur, eisdem Ordinibus Generalibus spondentibus, ut illi, quos ipsi nominave∣rint Londinum mittantur ad tractandum cum illis quos Majestas sua Britannica pariter à parte sua deputaverit, idque intra spatium trium mensium post hujus Tractatus Pub∣licationem; Numerus item Commissariorum utrimque nominandorum sex erit person∣arum; sin autem post tres menses quam congressi fuerint eorum conatus non tam feli∣citer suecesserint, ut Tractatus inde concludatur, capita inter eos controversa ad arbi∣trationem Serenissimae Dominae Reginae Regentis Aispaniae referentur: quae undecim Com∣missarios nominabit, Et quodcunque major eorum pars determinaverit in differentiis non prius compositis id utramque partem obligabit, proviso semper quod judicium suum declarent intra spatium sex mensium a die quo primum congredientur, quod etiam intra spatium erit trium mensium quostquam Serenissima Domina Reginae Regens Pispaniae praedictum arbitrium in se susceperit:

Those Regulations and Adjustments of Trade, and Comerce in the East-Indies, and the Treaty for settling Navigation, in all other parts of the World; were to have been determined and concluded, within three Months after the Treaty, Signed by the Marquis Del Fresno, on the behalf of the States, on the 9th. of February 1674. as aforesaid; But the Dutch Commissioners were Wrangeling, and making their Friends with the Unrighteous Mamon, untill the first of December 1674. compleat 9 Months, and 19 Dayes; and yet in all that time did not any thing concerning the Regulation agreed upon, in relation to the East-Iidies, but left that Affaire re infecta; and as to the Treaty Marine they made several Articles, most of them relating to contra bando Gods, but as to the first, and the fifth Articles, contained in the said Treaty Marine; whereby the Subjects of England were to injoy the Freedom and Priviledge of Naviga∣tions, to all parts of the Spanish Dominions, and else where, the States have absolutly denyed the English Ships any Freedom in their passage to Antwerp through the Sheild, contrary to the Words and Letters of the said Treaty, which are as follows, viz.

Article I.

THat it shall and may be lawfull, for all and every the Subjects of the Most Serene and Mighty Prince, the King of Great Britain aforesaid, with all Freedom and Safety, to Sail, Trade, and Exercise any manner of Traffique in all those King∣doms, Countreys, and Estates, which are, or at any time hereafter shall be in Peace, Amity, or Neutrality with His said Majesty; So that they shall not be any wayes hindred or mo∣lested in their Navigation or Trade, by the Military Forces, nor by the Ships of War, or any other kind of Uessels whatsoever, belonging either to the High and Mighty Lords the States General of the United Netherlands, or to their Subjects, upon Occasion or Pretence of any Hostility or Difference which now is, or shall hereafter happen be∣tween the said Lords the States General, and any Princes or People whatsoever, in Peace, Amity, or Neutrality with His said Majesty.

Article V.

AND that all manner of Differences and Contentions on both sides by Sea or Land, may from henceforth Cease, and be utterly Extinguished: It is Agreed, That all Ships and Uessels whatsoever, belonging to the Subjects of His said Majesty, entring, or being entred into any Road or Port under the obedience of the Lords the States, and purposing to pass from thence, shall be onely obliged is shew unto the Of∣fices acting in the Ports of the said States, or to the Captains of the States Ships; or of Private Men of War (if any happen there to be) their Passport, commonly called a Sea-brief, nor shall any Money be exacted from them for the same.

AFter the Treaty Marine was concluded, divers English Ships Sailing directly from several Ports of England for Antwerp, were stopt by a Man of War, lying over against the Fort at Lillo, some of them being Laden with New-Castle Coles, (although the Masters offered to pay what Tolls or Customs were reasonable, but all would not serve their turn,) the Ships were forced to go back again to Flushing, or Roterdam, and there to unlade and pay the Duties of those Ports, besides all petty Charges, and then con∣strained to lade them in small Dutch-Roats, and to pay them Fraight at their own Prices, besides other Charges at Lillo, and also at the Spanish Fort of St. Mary, to the intole∣rable Expence and Burthen of His Majesties Subjects, although the River ought to be free by the very Words of Stipulation, in the said Treaty Marine; for all English Ships of any Burthen, being one of the best Navigable Rivers in the World; A Ship Laden with 400 Tunn of Goods, being passable to the Port of Antwerp at low Water. In this River the Dutch Seamen were lately so bold, to Attaque a Vessel where∣in Sir Lyonel Ienkins comming from Nimegen, was Imbarqued for England, from the City of Antwerp, presuming to demand Custom for Goods therein, as of all other Ships passing through that Navigable River.

So that all the Material Demands in Agitation at Cologne Anno 1673, viz: the re∣gulation of Trade in the East-Indies, settling the Freedom of Navigation in Europe, the Arrears for Fishing upon the English Coast, and ascertaining a settled Revenue, to the Crown out of every Buss and Dogger Boat for that liberty hereafter, and even the Reparations for Courtens Debts, and Damages, remains in sttatu quo, unsettled; The States of Holland falsly pretending, that their Friends in the House of Com∣mons would not have those points insisted upon by the King.

In the Year 1677. Several of the Proprietors, Creditors, and others Interested, made fresh Applications to the King and Councel, to be Heard, and Relieved in the Premises, and their former Complaints. Whereupon these two following Orders of the Councel-Table were made.

At the Court at White-Hall the 24^th. of Iuly 1677.

By the Kings Most Excellent Majesty, and the Lords of His Majesties Most Honourable Privy Council.

UPon the humble Petition of Thomas Kynaston Merchant, George Porter Esq Son and Heir of Endimion Porter Esq and Thomas Tounsend Esq Adventurers in the joynt stock with Sir William Courten, to the East-Indies, George Carew Esq Administrator of Sir William Courten, and Sir Paul Pindar, Charles Earl of Shrewsbury, Sir Thomas Meers Rt. Executor of Sir Erasmus de la Fountain Rt. deceased, George Cole, Thomas Coppin, and Charles Whitaker. Esqs on the behalf of themselves and others, with many Orphans and Widows, Creditors of

Sir William Courten, and his Son, and Sir Edward Littleton, and the late Earl of Bridgewater deceased. Praying that they may be heard at this Board, upon their former Petition, setting forth their great losses and damages, sustained by the East-India Company of the Netherlands, by reason of their violent Depredation, upon the two Ships, the Bona Esperanza, and the Henry Bonadventura. His Majesty was pleased to appoint Wed∣nesday the 10^th. of October next, for hearing the Petitioners by them∣selves, or their Council Learned, upon the matter of their said former Petition. At which time all Parties concerned are to give their at∣tendance.

JOHN NICHOLAS.

At the Court at White-Hall the 24^th. of Iuly 1677.

By the Kings Most Excellent Majesty, and the Lords of His Majesties Most Honourable Privy Council.

UPon the Humble Petition of George Carew Esq Administrator of the Goods and Chattels of Sir William Courten, and Sir Paul Pyndar, Sir Thomas Meers, Kt. Executor of Sir Erasmus de la Foun∣tain, Thomas Coppin, Gilberd Crouch, and William Hinton Esq Valentina Bazilla Loyd, Executrix of Sir Peter Vanloar, and Elizabeth Bartlet Wid∣ows, Mark Fletcher, and Thomas Carter Merchants, on the behalf of them∣selves and many Hundreds of His Majesties Subjects of England herein con∣cerned, setting forth the Sinister Practices used by Peter Boudaen of Mid∣dleburgh Merchant: Nephew and sole Executor of Sir Peter Courten, in Possessing himself of the Estate, Real and Personal of the said Sir Peter; avoiding to come to any Accompt for the same, and obstructing the ordinary Court of Iustice during his life, as his Sons and Heirs have since done; whereby the due Administration of Iustice hath been often denied, and the Iudicial Acts and Decrees of the Prerogative Court, and High Court of Chancery in this Kingdom, slighted and contemn'd in the ordinary Courts of Iudicature in Holland, and Zealand; Whereby Order from the States in the year 1676. Iustice was positively denied the Petitioners to the great Op∣pression of them, and of many Orphans and Widows, claiming the Effects, and Sir William Courten's Estate and his Sons, as also of Mr. John Mon∣cy's and Sir Paul Pyndars, gotten into the Hands of the said Boudaen Per∣gens, and others, Inhabitants of Amsterdam, and Middelburgh, to the value of two hundred and fifty thousand pounds. And therefore praying that speedy satisfaction may be required from the Embassadour Extraordinary of the States General, or that Commissioners on either side may be forthwith named to inspect the Accompts, between both Parties, and determine the same ac∣cording to Right. His Majesty was pleased to appoint Wednesday the 10^th. of October next, for hearing the Petitioners at the Board, concerning this business; at which time the Parties concerned, are to give their attendance, and bring their Council Learned, if they please.

JOHN NICHOLAS.

AFter two of the Petitioners, with a Friend of theirs, Addressed themselves to Mons. Van Beuninghen the Dutch Ambassador, at his House in Westminster, with Authentique Copies of the said Orders, under the Seal of the Office; Desiring that his Excellency would take notice thereof, and make any defence at the Council Table, by his Advocates if he pleased; Whereupon after he and his Secretary had perused the same, his Excellency toar the Orders in Pieces, and gave the Petitioners very Mena∣cing Language, and so parted out of his Anti-chamber.

Then some of the Creditors, who thought they had done a kindness to the Ambassa∣dor, by sending him timely notice, caused the said Order of Councel to be Printed, with the Embssadors Deportment underneath, and sent him the same in a Letter; who thereupon gave in a long Memorial on the 12th. of September 1677. in French to the King, Complaining that three Persons had highly Affronted him, by leaving a Citation with him, to appear before the Council Table, on the 10th. of October fol∣lowing; Alledging in his said Memorial, that it was a proceeding of a very high na∣ture, (the most Injurious violation of the Respects to the most Sacred Laws of Nations) and prayed Reparations proportionable to the Grandeur of so outragious and publique Offence; And moreover, that His Majesty would oblige the Interested Persons, to wave all their said demands, as Mortified and Extinguished pretences,

It was a grand Mistake in his Excellency, after all his Rodomontadoes to call Copies of Orders of Council Citations, who should have understood better, (being bred an Advo∣cate,) that the Council Board was no Court of Iudicature; and that Citations could not Issue from that Board.

Yet without the least Summons, Sir Ioseph Williamson, one of the Principal Secretaries of State for the time being, gave a warrant to a Messenger, who with a Constable and a Smith, on the 4th. of October 1677. Broke open Mr. Carew's Chamber and Study doors, in his absence, and took away what Papers and Writings they pleased; and afterwards Seized upon Mr. Carew himself, who was Committed to the Gate House by another Warrant, Signed by the Earl of Danby, Sir Ioseph Williamson and others, on the 24th. of October 1677. and there detained from all his own private Affairs, all the whole Michaelmas-Term; The Judges of the Kings-Bench Bar refusing to take Bail, which was ready in Court, upon the return of several Writs of Habeas Corpus, but still the said Carew was Re-manded back into Custody at the instance of the Kings Attorney General, and Sollicitor General; until he should comply with the said Ambassador's de∣sires; who by his Secretary demanded, that the said Carew should acquit all his pre∣tences whatsoever, in a most Solemn manner; as appeared by the Affidavit of Mr. Robert Ayleway, the Copy whereof hereafter follows.

A perfect Copy of Mr. Ayleway's Affidavit.

RObert Ayleway of London Gentleman, maketh Oath, that he, this Deponent, A∣dressed himself, with two several Petitions from George Carew Esq the Copies whereof are hereunto annexed, and are true Copies, as he this Deponent believed, the one to the King and Councel on the 9th. Instant November, and the other to the Dutch Ambassador on the 10th. Instant, both Importing the said Carew's Liberty, out of his Restraint in the Gate-House. And this Deponent as to the first, he delivered it into the Kings own hand, at the Council Board; Whereupon it was Ordered the same Evening, that Mr. Carew should be discharged upon the Ambassadors Certificate that he is satisfied, or to that effect; then this Deponent delivered the other Petition to the said Ambassadors Secretary the next day following, who Read the said Petition, and said it was well, and told the Deponent that he would shew his Excellency the said Petition, and speak to him about it, and this Deponent should receive his Answer thereupon the next day at White-Hall, if this Deponent would meet him there, which he this Deponent accordingly did, and after some Conference and Debate of the matter, the said Secretary told him, this Deponent, in the presence of Mr. Robert Coke, and other Gentlemen, that his Excellency was not sa∣tisfied; And now the said Carew must lye in Prison, untill he hath satisfied the World,

that he hath abused the States, and that he hath no Title to any such Pretentions; and that his Excellency expected that Mr. Carew should quit his Pretentions in such an Extraordi∣nary and Solemn manner, that there should never be the least mention made of them again, and repeated the same several times over, or words to that effect. And at last, said, I might be assured that it was Expected, and would be insisted upon; so that it was in vain to make any further application, unless he would, (meaning Mr. Carew) quit his Pretentions.

Robert Ayleway.

Jurat: 13 Die Novembris 1677. Coram me.

William Wilde.

SO the said Carew was continued in Prison, until he was forced to Subscribe a Paper drawn by Mr. Secretary Williamson, worded to this Effect, that the said Carew had caused the said Ambassador to be cited by two Orders of the Councel-Board, and also caused the said Orders to be Printed without Licence, for which he asks his Excel∣lency Pardon; upon which he was Discharged, paying Serjeant Dike his Fees.

Afterwards the said Paper was caused to be Printed, and most Scandalously fixed upon the Exchange and White-Hall-Gate, pretending to vindicate the Dutch Ambassador; who got neither Credit nor Honour by this Transaction, from any Intelligible Persons, either upon the Exchange, or even amongst the Dutch Congregations in London, and elsewhere in England.

In this Juncture of time, the Creditors and Petitioners could not be heard at Councel-Board, upon the said two Orders; A new Alliance by a Marriage being in agitation, between the Prince of Orange, and the Lady Mary, the Duke of Yorks Daughter, which was promoted and effected by the Earl of Danby's procurement, (as the Author of the Im∣partial State of the Earl of Danby's Case Affirms) for Rooting out the French Interest at Court, and securing the Protestant Religion.

Then a small Memorial in writing, of the Services of Sir William Courten, and Sir Paul Pyndar, for the Crown of England, was delivered into His Majesties own Hand, and several Lords of the Council-Table; but not to lay any stress upon that, (as to the Merrits of the Forraign Causes, in the two Orders of Council) being Honorary Ingagements upon the Crown, and Incumbant upon the King, his Heirs and Successors, for Debts, contracted, for Diamonds, and other Jewels of the Crown; as also for vast Sums of Money, after the return of Sir Paul Pyndar from Constantinople; where he had served King Iames, and the Turky Company, Eleven Years, as Ambassador to the Grand Seigneur, and much improved the Levant Trade; which Debts are still owing, yet nothing would procure so much as a Conference, or the least Overture of any satisfaction or reparation for the Bona Esperanza, &c.

The States General having made Peace with France, and in a Common Alliance with their Confederats at Algiers; The Creditors and Proprietors concerned in the Letters Patents for Reprizals aforesaid, in the Month of April 1680. Looking upon it then a very seasonable opportunity to repair themselves, the Dutch being at Peace with all the World, (a season that no Common Claymours could appear.) Whereupon they re∣solved to Equipp, and set forth three several Ships and Pynaces, in pursuance of the Authority granted, as aforesaid, and to that end and purpose concluded upon the Ships Names, the Commanders, viz. Captain Compton, Gwyther, Captain Reger Hawkshead, and Captain Thomas Wood, with their number of Men, Guns, and Victualling, and entered the same in the Admiralty accordingly.

Captain Tyrence Byrne, being appointed for one Ship; while he was fitting himself with Men and Ammunition, the Sails were taken away by an Officer, pretending he had a lawful Warrant for the same, from the Lords of the Admiralty; as also to Ar∣rest Richard Chappel Master of the Ship, who was forced to give Bayl, to answer a Charge as a Criminal; And the said George Carew, having a Summons from Sir Lyonel Ienkins to appear at the Councel-Board on the 11th, of May 1680. He appeared, and delivered this Petition following, into the hands of the Right Honourable Iohn Earl of Radnor, Lord President of the Councel.

To the Kings Most Excellent Majesty, and the Lords of His most Honourable Privy Council.

The Humble Petition of George Carew Esq Administrator of the Goods and Chattels of Sir William Courten, and Sir Paul Pyndar K^ts. Deceased; with their Wills annexed, and Thomas Coppin Esq on the behalf of themselves, and divers others, Interested and Concerned.

Sheweth,

THat in Pursuance of two several Orders of the Council-Board, Dated the 24th. of July 1677. Your Petitioners, and other Proprietors Interested, have often attended with their Councel Learned in the Law, to be heard concerning relief for the matters therein contained according to Iustice, and Common Right; Humbly Praying that the Ambassador of the States General, Resident in England, might have notice thereof, to make what Defence he could by his Advocates, or others, against your Petitioners just Complaints; but to this day your Petitioners could not be heard, although several times were Assigned for that purpose.

Your Petitioners do therefore most Humbly Pray, that Your Majesty would be most Graciously pleased to appoint a Pe∣remptory Day, that your Petitioners may be heard at the Council-Board, and that the Dutch Ambassador may have notice thereof, from one of the Principal Secretaries of State, with Copies of the said Orders, to make what Defence he can, by his Advocates or others, if he please, that Right may be done according to the Merits of the Cause.

And Your Petitioners shall ever Pray, &c.

George Carew. Thomas Coppin.

THe said Petition being Ordered to be Read, and Sir Philip Lloyd Clerk of the Councel, having Read the same accordingly, on the 12th. day of May 1680. The Lord High Chancellour was pleased to tell Mr. Carew that he should not be heard, but that He and others, that offered to put the said Letters Pattents, or any Commissions derived from thence, in Execution, should be Hanged as Pirates.

And notwithstanding, the said George Carew informed the Councel-Board, that two or three Ships were out upon the Coast of Spain, and other parts; in Pursuance of certain Articles and Agreements, between him and the Creditors; yet nothing would prevail for a hearing upon the Petition, or upon the former Order of Councel afore∣said; but this new Order was made Ex parte, upon a Memorial given in by the Dutch Ambassador (stuft with Impertinent falsities) as follows.

At the Court at White-Hall the 12^th. of May 1680.

Present.

• The Kings most Excellent Majesty.
• His Highness Prince Rupert.
• Lord Archbishop of Canterbury.
• Lord Chancellor.
• Lord President.
• Duke of Albemarle.
• Marquess of Worcester.
• Earl of Ossory.
• Lord Chamberlain.
• Earl of Bridgwater
• Earl of Sunderland.
• Earl of Essex.
• Earl of Bathe.
• Lord Bishop of London.
• Mr. Hide.
• Lord Chief Justice North.
• Mr. Finch.
• Mr. Secretary Ienkins.
• Mr. Chancellor of the Exchequer.
• Sir Thomas Chicheley.
• Mr. Godolphin.

THis day a Memorial presented to His Majesty by his Excellency the Ambassador Ex∣traordinary from the States General of the United Provinces, was read in Council, setting forth, how that according to Information given upon Oath, Sir Edward Graves K^nt. and George Carew Esq were Equipping and Arming a small Frigat called the Mary, under the Command of Tyrence Byrne, to be imployed against the Subjects of the States General; and particularly to surprize and seize the Ship called the Emperour, where∣in a part of the said Lord Ambassadors Equippage was Imbarqued in order to his return to his own Country; which Equipping and Arming was by colour of a Commission or Letter of Reprizal, bearing date the 29th. of May, in the 17th. year of His Majesties Reign that now is, and granted in favour of the Creditors of Sir William Courten, and others; And praying that the said Letters of Reprizals might be Revoked; His Majesty considering that the said Commission was Suspended by His Majesties Proclamation, bearing Date the 10th. of August 1666. for divers great and notable Misdemeanors committed in Execu∣tion thereof, and that by the Treaty of Peace and Alliance, made with the States General of the United Provinces at Breda, the 21 of July 1667. It is agreed that all Suits and Pre∣tentions, that the Subjects of His Majesty or the States General, might, or could move or prosecute one against another, for any matter or thing before the Date of the said Treaty, shall remain void, Obliterated and Disanulled; and that all Letters of Reprizal, Marque, or Countermarque, both general and particular are by the said Treaty Inhibited and Re∣voaked; which said Treaty was restored in its former Uigour, and Confirmed by a Subse∣quent Treaty made at Westminster in the Month of February 167/3/4. By which Treaties all Letters and Commissions of Reprizal, are intirely Revoaked and Annulled. His Majesty likewise foreseeing of what Mischievous Consequence it would be to all his Loving Sub∣jects, if the States General upon the Execution of the said Letters of Reprizal (contrary to the meaning of the said Treaties, and after the anulling of them by the same,) should Grant Letters of Countermarque against the said Subjects, and their Goods, to the hindring of Commerce, and the Ruine and Dammage of many particular Men, although uncon∣cerned in the Case of such Reprizal. His Majesty doth therefore hereby Order Sir Creswel Levins His Majesties Attorney General, to prepare the Draught of a Supersedeas to pass the Great Seal of England, whereby the said Letters of Reprizal may be in due form of Law Superseded, Revoked, and Declared to be void, and Determined, to all effects and pur∣poses whatsoever; to the end the States General may rest satisfied of his Majesties care to have his Treaties duly executed, and that it be made known, and may appear of Record to all his Loving Subjects, that the said Letters of Reprizal are Revoaked, and Declared void; to the end also that none may hereafter presume to Act by vertue thereof; and if any do that, they may be proceeded against as Pirats, acting without Commission, and as In∣fractors of the Peace and Alliance, between His Maiesty, and the States General.

A true Copy

Ex. FRANCIS GUYN.

IT may be remarqued from hence, what Dangerous consequences would at∣tend the Subjects of England, in their Estates and Properties, if such an Order of the Councel-Table, should be of force to Supersede a Iu∣dicial Grant upon Record, under the Great Seal of England without a Scire facias, or hearing the Parties, or to Discharge and Release par∣ticular Mens-Rights and Interests, in the Hands of Forreigners upon private, and Land-Contracts in Trade and Commerce, without any Re∣stitution or Satisfaction for the same; Under such presidents no Man can be safe.

It's very remarkable, that civil Actions and Pretences, for several Matters and Things, were not Obliterated, or made void by the Treaty at Breda, as appears by several Presidents of both sides in the Courts of Judicature, at the Hague, Amsterdam, and Middleburgh, (viz.) By the cause in the Supream Court of Judicature, between James Boeve and the Heirs of Peter Boudaen, depending many years before the Treaty at Breda; and prosecuted several years after to a Definitive Sentence; and by other actions in Zealand that had long depended before the Treaty in the Zerick-sea, which were prosecuted afterward, by Sir William Lower, John Monson, and Roger Ravon who obtained several Sentences and Executions thereupon: The like at Amsterdam at the Suit of Sir Richard Ford, upon Actions for As∣surance, depending before and after the Treaty; Likewise upon several Actions depending at Midleburgh, against Peter Boudean and his Heirs, at the Suit of George Carew, upon Merchants accompts as aforesaid, and Legacies; whereupon Boudaens Exceptions were over∣ruled by the Magistrates and Iudges there, in the year 1675. and Sentence given, that the Defendants Boudaens should positively Answer to several Charges, in the said Plaintiff Carew's Bill, which they had delayed so many years together.

And by a later President in Amsterdam, upon two several Actions brought against George Carew, in the year 1676. at the Suit of Paulus Buys an Advocate, and Arnold Vingbo∣oms, a Proctor of the said City. Buys for 113 Gilders and a 11 Stivers, and Vingbooms, for 51 Gilders and 18 Stivers, for Fees and Salaries, in a Cause Renvoyed from the Hague, (depending many years before the Treaty against Jacob Pergens upon an obligation for 3000 l. Lent by Sir William Courten) unto which Actions of Buys, and Vingbooms, the said Carew having appeared by Alexander Rynd his Proctrr: The Escheevens or Judges there, viz.

• Mr. David de Wilhem,
• Hendrick Becker.
• Mr. Cornelis Cloeck.
• Joan Appelman:
• Mr. Everart Scott de Jonge.
• Dr. Dirk Boelensz.
• Lieve van Loon.
• Jan van Dijck.
• Mr. Jacob Popta.

GAVE Sentence against the said Carew, for the said Monies and Costs, which were Levied by Execution upon the said Carew accordingly, as by the Proceedings in the said Court at Amsterdam appears. Notwithstanding at the same time the said Iudges were daily Sollicited to Pronounce Sentence against the said Pergens, in the Original Action (which they refused to do,) upon the said Obligation; in which Cause the said Fees and Salories, were recovered by Buys and Vingbooms, and also upon his Co∣venant for 5500. Sterling, with Dammages in another Action brought in the same year 1676. against the said Pergens, by Mark Fletcher Merchant, for Monies received by Pergens in trust for Mr. Courten and his Assigns, but the said Iudges possitively denied to pronounce any Sentence thereupon; in regard the States of Holland, (at Pergen his request,) had by Ex∣press Order as aforesaid, Dated the 10th. of September 1676. Peremptorily Prohibited them from doing any Iustice therein, Alledging, that moving upon the said Actions, and Pretences, were publick Breaches of the Peace, concluded in the year 1667. and 1674, And so the said causes remained in Statu quo ever since upon the said Extrajudicial Order. The

said Boudaens having also taken advantage thereof, contrary to all Equity, Reason, and good Conscience; and even to the Presidents of their own Courts of Iustice: Which were no small Reflections upon the great Interest of His Majesties Honour, and the Reputation of his Kingdoms and Dominions, being taken notice of by all Forraign Ministers at the Hague, and Merchants of other Nations, Resident in Amsterdam.

It's remarkable that the greatest Ministers of State, are subject to gross Errors and Mi∣stakes; for that in the first Proclamation Dated the 10th. of August 1666. Mentioned in the Order aforesaid; it's recited in the said Proclamation, that divers great and Notable Misdemeanours were committed by Sir Edmond Turnor, and George Carew, and their As∣signs; And in the Month of September following, by an Order of the Council-Board, Sir Edmond Turnor was Cleared, as a Person never Acting in the said Commission, his name being used only in Trust, and that Mr. Carew as Administrator and Assignee of Sir Wil∣liam Courten and others, solely prosecuted that Affair; and so Sir Edmond Turnors In∣nocency appeared, upon hearing the matters of Fact, contained in his Petition; And after they had Proclaimed him Guilty, (without calling him to Answer for himself,) it was Publish∣ed in the London Gazet, for an unadvized Resolution; or a hasty Mistake.

Memorandum, That Sir Ieffery Palmer who was Directed to make a Draught of the said Proclamation; refused to do it, so then Sir Heneage Finch, Sollicitor General (for the time being) very Readily and Officiously did the same.

Some further Reasons and Arguments, Offered in Defence of the Administrators, Assignees, and Creditors of Sir VVILLIAM COURTEN, and Sir PAUL PYNDAR.

QUeen Elizabeth gave it in Charge to all her Ministers of State, that they should have a care of Her Honour, which She held as a Iewel so Incompa∣rable, that nothing was esteemed more sacred in Her Eyes, then Her Ho∣nour and Reputation. If any Person should now question the Legallity, the Iustice, or the Equity of the Kings Grant, under those Conditions and Limitations in the Letters Patents for Reprizals contained; they would not only Arraign the Wisdom and Iudgment of the most Reverend and Learned Ministers and Officers of State, and Trust in the Kingdom, under whose hands the Grant Passed; but lessen the Kings Prerogative-Royal, in the Protection of his Subjects.

The Acts of Parliament expressly Declaring, that the Injured Persons shall have the Law of Marque without Fraud or delay; the Hollanders, Zealanders and other Merchants Strangers, having Complained of the old Law; and craved Exemptions from the Writ in the Register following in these words.

REX Ballivis villae de Lenn. Episcopi salutem,* 15.1 Ex gravi querela dilecti nobis S. ac∣cepimus,* 15.2 quod cum ipse nuper apud C. partibus de Spinia in villa de C. causa Mer∣candisandi moram traxisset, & Bona & Cattalla ad valentiam centum librarum emis∣set. I. & T. & alii malefactores dictae Villae mercatores de dictis partibus de S. praefatum S. apud dictam Villam de S. vi & armis ceperunt & imprisonaverunt & bona & cattalla sua praedicta ab eo abstulerunt, & alia, &c. ei intulerunt* 15.3 contra legem & rationem, in ipsius S. damnum non modicum & depauperationem manifestam. Et licet idem S. adsumptus non modicos penes Dominos partium illarum fuerit prosecutus pro justitia super transgressionibus praedictis habend. ipse tamen non potest Justitiam inde obtinere, sicut per quosdam fide dignos, qui tunc temporis in dictis partibus extiterunt, coram nobis est testificatum, super quo nobis supplicavit ut sibi de remedio providere faciamus. Nos ad testimonium praedictum considerationem habentes, nec non injuriore de pau∣perationi ipsius S. compatientes in hac parte; vobis mandamus, sicut alias mandavimus, quod corpora praedictorum T. & I. si ipsi seu eorum aliquis in praedicta villa de Lenn: inventi fuerint, nec non bona & cattalla, ad valencia quadraginta librarum quam citius

ibidem inventa fuerint arrestari, & sub arresto salvo custodiri fac quousque praedicto S. de transgressione praedicta, ac de damnis & de perditis quae occasione praedicta susti∣nuit, fuerit satisfactum. Mandavimus etiam, ballivis villarum magnae Yernemouth, quod ipsi ad valentiam quadraginta librarum de bonis & cattalis praedictorum T. & I. ac ceterorum praenominatorum una corporibus eorundem quam citius in ballivis suis inventi fuerint arrestari, & sub arresto hujusmodi custodiri faciant, quosque praedicto S. de transgressione & damnis, ac de perditis praedictis in forma praedicto fuerit satis∣factum. T,&c.

THe Ancient Laws of England, in the Case of Spoyls, were grounded upon right reason; for that every English Man, living here in an Island, had not Moneys to right himself against Forraigners, in their own Country, so often as they would take advantage by Injuring them to make their own Markets; neither could an English Man expect to find Iustice abroad without delay, where the Offenders (for the most part) were Parties and, Iudges themselves.

But when the Persons, or Goods of Merchants Strangers, were once Arrested, or Attached here, they would find means suddainly to Retaliate their Dammages at home, upon the Offenders: Even as at this time, if a Fisher Man should be attaqued at Sea, for the East-India Companies 〈…〉〈…〉 in the Towns of Holland and Zealand, would quickly make the East-India Companie, or their Directors in the Cham∣bers at Amsterdam and Middleburgh Refund their Dammages; or otherwise they would Dde Wit them, or pull down their Houses in that Popular, and Tumultuous Govern∣ment.

Now I appeal to all unbiassed and impartial Men, whether Iudicial Grants under the Great Seal of England, made pursuant to the Laws and Statutes of the Realm, obtained by such steps and measures mentioned in the body of the Grant, for Reprizing the 151612l. with Damages, ought not to have the effect of the Law, by Seizing the value or by Com∣position; Notwithstanding any such Extrajudicial Acts or Proclamations, and pretended Su∣persedeas. The Laws of England having so secured the Distinct Rights, and Properties of the Subjects, that it is not in the Kings Power, by any Act of State (unless by Parliament) to dispose of His Subjects Goods.

Or whether there was any necessity, (the Dutch Ambassador the Here Van Leuven Affirming that the 800000 Pattacones were given, to take off the durable Grant for Reprizals by which the Hollanders were bound) That three parts of the Pattacones should be Assigned to the Prince of Orange for old Debts; and no part to the Proprietors of the Bona Espranza; nor for the Great Diamonds, Sold to the late King by Sir Paul Pyndar, (not yet paid for) Pawned by the late Queen, for half the value in Amsterdam. Jure naturae equam est neminem cum alterius detrimento & injuria fieri locupletiorem.

There lies a necessity upon the Creditors, to let the World know quod defertur non auferter; and that both Nations concerned, may remember they did not only Smart, but Bleed for the Iniquity and Ingratitude of the times, wherein the Grieved and Oppressed could finde no Relief.

It is necessary also to remember that Sir Albertus Joachimy the Dutch Ambassador, Re∣sident in Ordinary in England Anno. 1644. Had notice given him of the Monition out of the High Court of Admiralty, fixed upon the Exchange; that several Persons were upon Examination in perpetuam rei memoriam, to prove the Spoyls and Dammages of the Bona Esperanza, with the loss of divers Marriners Lives; but the said Ambassador would make no defence therein, but suffered Iudgment pro confesso by default.

Although Fellony be Pardonable by the Prince, the Trover is not, even as in the Case of Murther, but not the appeal; The Subject hath a natural liberty at his own Suit to take his remedy, otherwise all Right and Propertie might be Destroyed.

It's Granted, that the King may by His Prerogative, make a necessary Garrison in time of War, in any of His Subjects Houses, Castles, and Lands, for the Common Defence, and Protection of His People (making compensation.) But a great Lawyer and Privy Councellor, would affirm, that the King having the Power, of Peace and War, may Grant away a Subjects Castle, or other his Freeholds in a publick Treaty, with∣out any Satisfaction or Price, which is against the Law of property; and not warrantable by any Reason of State.

Conclusion.

VVHen I Consider the sorrows and sufferings of the said George Carew, and Iames Bo'evc in Holland, and Zealand; whereof I was an Eye witness. I cannot mention their names in England, without Grief and Wonder; finding them Groaning under Troubles and Oppressions at home, in ascerting their Rights and Pro∣perties, (like true Englishmen) who I am Confident at the same time, would Sacrifice their Lives and Fortunes for the Crown of England.

The Case of the Bona Esperanza being prosecuted from the Year 1644. to 1664. Reduced to a certainty un∣der a Grant for Reparation in the Year following, could not be violated without a Breach of Trust, yet suddain∣ly Suspended for Reason of State; The King wanting Seamen in the Summer, and the Dukes Privateers, Seamen in the Winter. In more seasonable times the Creditors were obstructed by Seizures, Arrests, Proclamations, Orders of Council, Imprisonments, and pretended Supersedeas's; all against the known Laws and Liberties of the Subjects, while the Proprietors of the Bona Esperanza, during all those Arbitrary Prosecutions against them, had not the least Overture for their Reparation? or once admitted to a hearing at the Council Table for their Relief; After Mr. Carew had to my own knowledge Expended Six thousand pounds and upwards, in the said Cause; having at this time all his Estate in London and Richmond, Mortgaged to Sir Iames Butler of Lincolns Inn, and Thomas Coleman Esq for 4500l. Sterling, and had paid Interest for the like Sum, ever since the Year 1668. to Mr. Iohn Holwerthy, Mr. Letton, Mr. Iohn Foche, Edward Holmewood, and others, Eminently known in the City of London.

The Estates of Sir William Courten, and Sir Paul Pyndar, being Indebted 7000l. to the said Carew, in right of his first Wife, the only Daughter of Mr. William Walton a Turkey Merchant; whose cause with the others Interested and Concerned, being now brought home to this Parliament for Justice; they cannot despair of a seasonable Re∣dress according to the measure and nature or then Grievances and Opressions.

I must not omit therefore in this Conclusion, to give a short Abstract of the most Arbitrary and unjust Sentence, Pronounced in the Court of Admiralty in England for 1800l. Damages against Sir Edmond Turnor, George Carew, Tyrence Birne, and Ionathan Frost, at the instance of Iacob Neitz, and others, which was confirmed by the Judges Delegates, and Adjuncts, in Hillary Term 1678.

The Case and unjust Sentence upon it.

IN the Year 1665. Admiral de Ruiter having taken an old Fly Boat, of 200. Tun, Dutch Built named the Mary of Bristol, belonging to several Merchants of that City, bound homewards from Barbadoes, with Sugars, Cotton, Indigo, &c. The said Ship and Goods so taken, were Condemned by the Admiralty Court in Amsterdam, as free Prize to the States.

In the Year 1666. The said Ship being set forth from Amsterdam to Sea, by the name of the Godileive of Brugit; under the Colour of Iacob Neitz, Andreas Vanden Bogaerd, Michael Vander Plancken, Merchants of Brugis, and others, as owners upon a Voyage to France for Wine, Brandy, and Salt. Captain Tyrence Byrne Commander of a small Frigat named the Royal, having a Commission from the said George Carew, persuant to the Letters Patents aforesaid, for Reprizals against the Dutch, Seized the said Ship near Port-land Bayin the Month of Iuly 1666. Laden with Wine Salt and other Goods from France, bound for Amsterdam as by the Bills of Lading appeared.

The Master and Seamen being Examined by Mr. Exton the Mayor, and other Magistrates of Chichester, upon a Commission sent by Mr. Suckling, out of the Admiralty Court, at the instance of Ionathan Frost, part owner of the Royal Frigat, the whole Ships Company confessed themselves to be Hollanders, and Zealanders Born, that the Ship was taken by de Ruiter under the circumstances aforesaid, and that they were bound for Amsterdam, the Goods being Assigned to Merchents there. Whereupon Sir Lyonell Ienkins decreed, that there was good cause of Seizure, and condemned the pietended owners of the said Ship Godileive in Expences but in regard one Peter Gerrard a French-man appeared by Mr. Francklin his Proctor, and claymed the said Ship and Goods, in the names of the said Iacob Neitz and others, the King of Spains Subjects, the Judge Ordered and decreed, that upon payment of the Costs aforesaid, and giving Bayl to abide the Sentence of the Court, upon hearing the Cause; that then the Ship and Goods should be delivered to the Claymors, (unto which the Captors Consented;) But Gerrard refusing to do the same; Arrested the Captain in an Action of 1000l. Valuing the Ship and Goods at that rate, and the Captain being committed thereupon to the Marshalsea, gave sufficient Bayl to the liking of the said Gerrard, and his Proctor; who neglected to proceed thereupon; But upon new examinations of the Master and Seamen, Exparte, procured a sentence for discharging the said Ship and Goods, and a Writ of Restitution, whereupon the Vicadmiral and the Custom∣house-waitors, (in whose Custody they were) delivered the same accordingly.

Then finding some Imbezelements of the Salt and Wine in the Port of Chichester, and other Damages by lying so long in dispute (through their own default,) Gerrard and Francklin, depending the Process against Byrne, Exhibited a Lybel joyntly against Sir Edmond Turnor, George Carew, Tyrence Byrne, and Ionathan Frost, in the names of Iacob Neitz and the other Claymors, and Procured an Arbitrary and unjust sentence against them all, for 1800l. Damages, in spoyling their Voyage; and Imbezealing their Goods; From which Sentence Sir Edmond Turnor, and George Carew appealed by themselves to the King in the High Court of Chancery.

Whereupon the Lord Keeper Bridgeman, appointed the Lord Chief Iustice Rainsford, Iudge Wilde, Iudge Windham, and Baron Lit∣tleton, (as adjuncts) with Sir Richard Lloyd, Sir Timetly Baldwin, Sir Edward Low, Dr. Pinfold, Dr. Trumbal, Dr. Digby, and Dr. Briggs, or a Competent number of them by Commission to re-hear and determine the same; But the Judges upon several debates, being di∣vided in their opinions, Concerning the Law of England, in Cases of Personal Injuries; and that Turnor and Carew ought not to suffer for the Trespass of another; the Case depended undetermined until the Year 1678. Then one Peter Victorine appeared for the Clay∣mors (Peter Gerrard being run away,) and procured the Commission to be renewed by the Lord High Chancellor, who appointed the Lord Chief Iustice North (who had denied a Prohibition in the Case) in the room of Justice Rainsford; And said the Cause of appeal being appointed to be heard at Serjeants Inn in Chancery Lane, on the 16th. of March 1678.

Sir Francis Winnington, Sir Thomas Exton, Mr. Thursby, and Mr. Molloy, being of Council for the said Turnor and Carew, insisted (as the truth was) that no proof appeared in all the Process transmitted against them; and that upon the said Neitz vander Plancken, &c. Their own shewing, the Imbezelements were done in the Port of Chichester after the Capture, which was in the body of the County of Sussex, and therefore Tryable at the Common Law by Jury; the Admiralty having no Jurisdiction therein (several Statutes in the time of King Ric. 2. Edw. 3. and Hen. 4. Expresly forbidding those Incroachments upon the Common Law of England.) Yet the Lord Chief Justice North over-ruled all that was offered, and confirmed the said unjust and Arbitrary Sentence, and Signed the same; whereupon Judge Wild and the rest followed, and did the like. The Sentence and Confirmation being brought ready drawn, and Ingrossed in Parchment, by the said Francklin, for that end and purpose, who caused the said Judges to Admonish the said Carew, being then present, to pay the said 1800l.Cum Expencis, before the first day of Easter Term following; against which Sentence, Confirmation, and Admonition, the said Carew protested openly before the said Judges, as Erronious, Arbitrary, and unjust; and also appealed to the last Parliament for a nullity thereof; As also for Caution for his Costs and Charges unjustly sustained and to be sustained therein,) to be given by Mr. Foot a Merchant in Rood Lane, and Mr. Hungerford, who after Victrine Died Insolvent, appeared for the said Claymors; and Likewise for satisfaction of 500l. with Interest from Mr. William Walker a Gouldsmith, detained in his hands from the said Carew, ever since the 24th. of Iune 1669. under pretence of being obliged to the said Peter Gerrard upon the said Carews Appeal from the first Sentence. But the Parliament being Dissolved, the whole matter depends in statu quo, for Redress according to the Judgment of Parliament, the Justice and Equity of the Nation.

FINIS.

Notes

• * 1.1

  An. 1567.
• * 1.2

  An. 1606.
• * 1.3

  An. 1630.
• * 1.4

  An. 1631.
• * 1.5

  An. 1632.
• * 1.6

  An. 1635.
• * 5.1

  10. August 1672. Old stile.
• * 5.2

  Referrees, Lord Arlington, Lord Ashley, Mr. Treasurer, Mr. Secretary Trevor, Sir John Duncomb,
• * 6.1

  Register of Writs 126.
• * 15.1

  Register of Writs 129.
• * 15.2

  De arrests facto super bonis mer∣catorum a∣lienigenium pro trans∣facta mer∣catoribus Angliae.
• * 15.3

  ☞