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 Posssessors thereof without any Compensation or Restitution for the same and without 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 comprehended 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 continue 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 Ministers 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 especially a tender respect to the Kings Honour and Reputation And finally that as the Articles were penned and sent to Breda they were repugnant to the Laws of God and Mankind 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 Amsterdam and Middleburgh upon any cause or pretence whatsoever The Treaty of Commerce and Common Alliance being so concluded It is very remarkable 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 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 aforesaid and the Letters Patents for 151612 l. and Damages on the same day ordered 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 Esperanza 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 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 it s 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
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 satisfactum 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 Chambers at Amsterdam and Middleburgh Refund their Dammages or otherwise they would Dde Wit them or pull down their Houses in that Popular and Tumultuous Government 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 Composition Notwithstanding any such Extrajudicial Acts or Proclamations and pretended Supersedeas 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 Resident 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 without 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 Properties 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 under a Grant for Reparation in the Year following could not be violated without a Breach of Trust yet suddainly 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 4500 l. 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 7000 l. 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 Redress 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 1800 l. 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
Sir William Courten and Sir Paul Pyndar K t s 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 Peremptory 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 aforesaid 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 Extraordinary 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 wherein 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 Execution 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 Pretentions 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 Revoaked which said Treaty was restored in its former Uigour and Confirmed by a Subsequent 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 Subjects 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 unconcerned 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 purposes 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 Infractors 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 attend the Subjects of England in their Estates and Properties if such an Order of the Councel-Table should be of force to Supersede a Iudicial Grant upon Record under the Great Seal of England without a Scire facias or hearing the Parties or to Discharge and Release particular Mens-Rights and Interests in the Hands of Forreigners upon private and Land-Contracts in Trade and Commerce without any Restitution 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 Assurance 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 Vingbooms 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 Covenant 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 Express 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 Mistakes 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 Assigns 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 William Courten and others solely prosecuted that Affair and so Sir Edmond Turnors Innocency 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 Published 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 Incomparable that nothing was esteemed more sacred in Her Eyes then Her Honour 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 Ex gravi querela dilecti nobis S. accepimus quod cum ipse nuper apud C. partibus de Spinia in villa de C. causa Mercandisandi moram traxisset Bona Cattalla ad valentiam centum librarum emisset 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 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 pauperationi 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 sustinuit fuerit satisfactum Mandavimus etiam ballivis villarum magnae Yernemouth quod ipsi ad valentiam quadraginta librarum de bonis cattalis
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 1000 l. 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 Customhouse-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 1800 l. 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 Littleton 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 divided 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 Claymors 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 1800 l. 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 500 l. 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 An. 1567. An. 1606. An. 1630. An. 1631. An. 1632. An. 1635. 10. August 1672. Old stile Referrees Lord Arlington Lord Ashley Mr. Treasurer Mr. Secretary Trevor Sir John Duncomb Register of Writs 126. Register of Writs 129. De arrests facto super bonis mercatorum alienigenium pro transfacta mercatoribus Angliae * ☞