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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
city_n	esq_n	sir_n	william_n	97,805	5	11.5789	5	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

A Brief REMONSTRANCE Of the Grand Grievances and Oppressions Suffered by Sir William Courten and Sir Paul Pyndar K nts 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 Councel and Treaties of Peace and Common Alliance With several REMARKS thereupon For the Improvement of Navigation Trade and Commerce By JOHN BROWN of London Gent. LONDON Printed in the Year 1680. To the Right Honourable Sir ROBERT CLAYTON K nt Lord Mayor of the City of LONDON And to the Right Worshipful Sir THOMAS PLAYER K nt William Love and Thomas Pilkington E sqs MEMBERS of PARLIAMENT Chosen for the Honourable City of LONDON Right Honourable and Right Worshipful IT 'S agreed by all Divines Philosophers and Lawyers that every Man hath a Right to hold and injoy those things which he hath Righteously obtained even as the first Occupants of Lands retain a Reall Interest and Property by a Natural and civil Possession But the Hollanders and Zealanders of late would perswade Soveraign Princes and their Ministers to make no difference between Reason of State and common Right In whose Provinces the Soveraign Power resting in the Common People their Deputies were so bold in the infancy of their State soon after King Iames had delivered their cautionary Towns and quitted a great Sum of Money due to the Crown of England and perswaded the French King to discharge a greater That they at all times afterwards refused to settle any Regulation of Commerce and Navigation in the East-Indies and the Whale-Fishing the proper Discovery of the Russia Merchants but gave Laws concerning the old English Draperies Banishing all Died and Dressed Cloaths disputing the Tare of the rest after they had invited the Merchant Adventurers successively to Middleburgh Delfe and Rotterdam with priviledges since taken away yet some of the said Company are now Resident in Dort The People of Holland Zealand and Friezland having also incroached upon the Rights of Fisheries on the Coasts of England Scotland and Ireland Denying any Tribute although Spain and France at the same time purchased Licence by Treaty or Special Commission Sir DUDLEY CARLETON Demanded satisfaction and a regulation in those points in the year 1618. And also for reducing their Coyns to such a Standard that might hinder the Transporting of English Gold and Silver out of His Majesties Dominions The Prince of Orange their General after many Debates then told the Embassador Carleton that the Deputies of the several Cities in Holland Zealand and Freizland durst not touch upon those things especially that concerning Fisheries there being in those three Maritine Provinces one Hundred and fifty thousand People and upwards that had their Livelihoods and Dependencies upon the Fisheries on the British-Coasts but desired him to Write to Secretary NAUNTON to move the King that those Rights of Fisheries might be redeemed and Purchased for a Sum of Money King Iames being unwilling to treat upon those terms all the Debates rested re in facta What inestimable loss and Damages the Crown of England and the Subjects thereof and more particularly the City of London have suffered in the premises is fit for a Parliament to inquire after whereby they may find what is become of all the old broad Gold abased in Holland and afterwards bought up again for the English East-India Company The main Scope of this following Remonstrance is to give Your Honours an Exact account of the matters of Fact wherein those two Worthy Persons Sir William Courten and Sir Paul Pyndar were so grieved and oppressed that had been so necessary and serviceable to the Crown and Kingdom of England and after them their Heirs Executors Administrators and Creditors there wants no Vouchers within the Walls of this City to make Evident to the World the truth of every Paragraph herein that calls Aloud for Relief from the Justice of a Parliament The several Abstracts of the following Cases being of High Import to the Honour and Interest of the King and Kingdom may easily invite every Person that is a Lover of his Country to a thorow perusal thereof and even to Gratifie himself with some Remarks not Vulgarly known Obliging thereby Right Honourable And Right Worshipfnl Your most Obedient and Humble Servant 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 represented 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 Flanders 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 settlement 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 and Iohn Moncy of London 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 upon their Joynt Stock aforesaid then Peter Courten in the year 1630 being lately Knighted 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

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