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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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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 advantage 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 Company of Holland to the English upon the Coast of Guinny whereby the Affrican Company suffered 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 Common 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 remarkable 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 Common-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 several 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 determination 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 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
it appears that Carew's Right and Demand was not abolished or extinguished 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 Refractory 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. conclusus coninuetur pro spatio novem mensium post hujus praesentis Tractatus publicationem 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 Marinum ex voto non consenserint tunc res illa quoque ad Arbitrium ac dispositionem Serenissimae 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 opulentia sed pax etiam utriusque nationis summopere pendet nihil magis curae esse debet utrique parti quam justa aequa commerce regulatio praecipuè in Indiis Orientalibus tamen quia res est maximi momenti multum temporis requiret ut firmi ac duraturi Articuli ad satisfactionem securitatem subditorum utriusque Partis conficiantur Cum tamen languens poene intermoriens plerarumque Europae regionum conditio non minus quam duarum partium in hoc bello implicatarum ad properam hujus 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 nominandorum referatur eisdem Ordinibus Generalibus spondentibus ut illi quos ipsi nominaverint Londinum mittantur ad tractandum cum illis quos Majestas sua Britannica pariter à parte sua deputaverit idque intra spatium trium mensium post hujus Tractatus Publicationem Numerus item Commissariorum utrimque nominandorum sex erit personarum sin autem post tres menses quam congressi fuerint eorum conatus non tam feliciter suecesserint ut Tractatus inde concludatur capita inter eos controversa ad arbitrationem Serenissimae Dominae Reginae Regentis Aispaniae referentur quae undecim Commissarios 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 Navigations 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 Kingdoms 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 molested 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 between 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 Offices 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