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A29745 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. Brown, John, of London. 1680 (1680) Wing B5025; ESTC R27230 34,787 30

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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