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A65983 Severall remarkable passages concerning the Hollanders since the death of Queene Elizabeth, untill the 25th of December, 1673 Some animadversions thereupon, in answere to a scandulous pamphlett called Englands appeale to the Parliament, from the private caball at white hall. With the continuation of the case between Sr. VVilliam Courten his heires and assignes and the East-India Company of the Netherlands, faithfully recollected by E.W. armig: and rendred into English, French, and Dutch, for satisfaction of his particular friends, in England, France, and the low countriers. E. W. 1673 (1673) Wing W21; ESTC R219253 71,264 105

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him or them that the said Ships Goods Wares Marchandizes or Money did belong to the States Generall or any of their Subjects as aforesaid That they shall be lawfull prize to the said Sir Edmond Turnor and George Carew their Executors Administrators and Assignes as aforesaid to retain and keep in their or any of their Possessions and to make sale and dispose thereof in open Markett or howsoever els to their and every of their best Advantage and Benefitt in as ample manner as at any time heretofore hath been accustomed by way of Reprisall and to have and enjoy the same as lawfull prize and as their own proper Goods so that neither Captain Master nor any of the Company that shall serve in his owne Person or shall promote and advance the said enterprise in manner an forme aforesaid shall in any manner of wise be reputed or challenged for any Offendor against any of Our Laws And that also it shall be lawfull for all manner of Persons as well Our Subjects as any other to buy the said Ships Goods and Marchandizes so taken and apprehended by the said Captains Masters and others and adjudged as aforesaid without any damage loss hinderance trouble molestation or incombrance to befall the said Buyers or any of them in as ample and lawfull manner as if the Ships Goods Wares and Marchandise had been come and gotten by the lawfull Traffique of Marchants or of just prises in the time of open Warr. Provided alwayes that all Ships Goods and Marchandise taken by virtue of this Our Commission shall be kept in safety and no part of them wasted spoyled or diminished or the Bulke thereof broken untill Judgement have first past as aforesaid That they are the Ships and Marchandises of the States Generall or some of their Subjects as aforesaid And if by colour of this Our Commission there shall be taken any Ships Goods or Marchandises of any of Our loving Subjects or the Subjects of any Prince or State in good League or Amity with Us except the States Generall or their Subjects as aforesaid and the Goods therein laden sold and embezelled or diminished or the bulke thereof broken in any Place before they shall be adjudged to belong to the States Generall or some of their subjects as aforesaid That then this Commission shall be of no sufficient Authority to take the said Ships Goods and Marchandises or to warrant or save harmles such as shall receive buy or intermedle therein but that both the prises so taken and the said Ships of Warr shall be confiscated to Our use And further We do hereby declare that it is Our will and pleasure that this Our Commission shall remain in full force and power to all intents and purposes untill the said Sir Edmond Turnor and George Carew their Executors Administrators and Assignes as aforesaid shall by vertue thereof have by force of Armes apprehended taken saised recovored and received from the said States Generall 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 Admiralty of all such Ships Goods Wares and Marchandises as shall be taken from the said States Generall or any of their subjects by vertue of this Commission or shall other wayes 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 Assignes as aforesaid Notwithstanding it so happen the present difference between Us and the States Generall depending upon generall Reprisalls may be agreed and composed and that in the interim a Peace good Correspondence may be renewed between Us and the said States Generall In which case nevertheless it 's 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 Generall but only in case of resistance and that after in cold bloud the subjects of the said States Generall if hurt or wounded shall be used with all convenient office of humanity and kindess And further Our will and pleasure is that although it shall happen that all hostility between Us and the States Generall and Our respective Subjects shall cease yet this Our Commissions shall remain and be in full force and power to the said Sir Edmond Turnor and George Carew their Executors Administrators and Assignes as aforesaid by vertue thereof to apprehend take and seize by force and Armes so many more of the said Ships and Coods of the States Generall or any of their said subjects as besides the said summ before mentioned shall cuntervaile satisfy and pay all such Costs and charges as the said Sir Edmond Turnor and George Carew their Executors Administrators or Assignes as aforesaid shall from to time make proof to have disbursed and paid towards the equipping manning paying furnishing and victualing of the said Ships so licenced and Authorised as aforesaid by this Our said Commission to be equipped manned paid furnished and victualled by the said Sir Edmond Turnor and Gegorge Carew their Exeecutors Administrators and Assignes as foresaid for the purpose aforesaid And Our will and pleasure is and We do hereby require Our Judge or Judges of Our High Court of Admiralty for the time being and all other Officers of the Admiralty and all other Our Judge or Judges Officers Ministers and Subjects whatsoever to be aiding and assisting to the said Sir Edmond Turnor and George Carew their Executors Administrators and Assignes as aforesaid in all points in the due Execution of this Our Royall Commission and to proceed to adjudication and adjudge all Ships Marchandises Monyes and Goods by vertue hereof to be taken according to Our Princely intention hereby signifyed and expressed and to take care that this Our Royall Commission be duely 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 Assignes as aforesaid In Witnesse whereof We have caused these Our Letters to be made Patents Witness Ourself at Westminster the 19. day of May in the 17. year of Our Reign BY THE KING TO make a retrospect into all the former proceedings of this case or to doubt the validity of the grant after all matters were brought into a solemne Act of Letters Patents under the great Seal of England were not only to question his Majesties Soveraigne Power and Prerogative Royall in the protection of his Subjects but to arraign the Judgements and opinions of all the Kings Ministers of State Judges and publike Persons that debated this business in Councells in Creatyes in Parliament and inferior Courts of Iudicature before this speciall Commission was granted As the King cannot be deceived in his grant so he cannot do his Subjects any wrong
William Courten had nothing in him to grant to Iacob Pergens after the Bills of Sale to Littleton and Pindar which made them absolute Proprietors by the Law of England Only there was a possibility left in Courten call them to Accompt after their debt should be paid which opinions were also confirmed by Sir G●●●s S●●●t Sir William Turner Sir Walter Walker and Sir Timothy Baldwyn Doctors of the Civill Laws and delivered to Mr. Peter van Dam the Advocate of the East-India Company Then John de Wit offered 30000. Pound sterling upon Accompt of all the Proprietors and persons interessed reserving the Civill right of Action against Iacob Pergens and Peter Boudaen for the 85000. gilders paid upon their caution as aforesaid which offer was not satisfactory so the Generall dispute remayned also in stato quo Afterwards Sir George Downing did by his last Memoriall upon that Subject dated the 14. of October 1664. give the States Generall a peremptory day to cleare that business intimating therein how ill the King resented it to be so slighted and that His Majestie would not prostitute his Honour any further but Governe himselfe accordingly yet all proved ineffectuall Then the Proprietors with others addressed themselves with a list of damages to the House of Commons in Parliament The Bona E●peranza and Hen●ry Bonadventura being placed in the front of all demands whereupon the Comons voted to assist his Majestie with their lives and fortunes in acquiring satisfaction and reparation And soone after a declaration for Generall Reprisalls was ordered by the King and Councill against the States Generall and their Subjects And severall millions of Pounds Sterling were granted to his Majestie in Parliament for the prosecution thereof In the year following The Earle of Shrewsbur● Sir Iohan Wolstenholme Sir Iohn Ayton George Carew and William L●●yd Esquires and others Interessed made application to his Majestie by petition for Especiall Letters of Reprisall to remaine in force against the States Generall and their Subjects untill the Orig●nall losse and damages concerning the Bona Esperanza and Henery Bonadventura should be reprised which was referred to the Judge of the Admirallity and his Majesties Advocates Generall and severall other Doctors of the Civill Law to Examine the whole matter and to report their opinion what was fitt for His Majestie to doe further for his Subjects releife in that Case After severall Consulations and debates had betweene the said referees concerning the premises Doctor Exton then Judge of the Admirallity Court Sir Robert Wiseman Sir William Turner and Sir Timothy Baldwyn made their report to his Majestie that in this case of spoyles there was no remedie left but Especiall Reprisalls to continue in force against the States Generall and their Subjects untill the debt and damages which they sound upon the proo●es to arrise unto the summ of 151● 12. pound sterling should be recovered with Costs or a Composition made for the same betweene the East-India Company of the Netherlands and the parties interessed whereof the said Company were obliged by the Law of Nations to take notice thereof In persuance thereof Letters Patents under the Great Seale of England dated the 19. of May 1665. were granted unto Sir Edmond Turnor and Mr. George Carew Administrator of Sir Paul Pindar their Executors Administrators and Assignes on behalfe of themselves and all the Interessed to continue in force accordingly With this Especiall clause and Provisoe therein contained that notwithstanding it should happen that a p●ace and agreement should be made betweene His Majestie and the States Generall for the Generall Reprisalls Yet is should be lawfull for the said Turnor and Carew and their Executors and A●●gn●s to putt the said Letters Patents in Execution for Especiall Reprisalls from time to time untill they had recovered the said debt of 151612. pounds with all 〈…〉 Charges or that the East-India Company of the Netherlands should Compound with the Proprietors and other persons Interessed in the same In the year 1666. Mr. Iames Boevé delivered a Copie of the said Letters Pattents to Mr. Peter van Dam at the East-India Chamber at Amsterdam and requested him to move the said Company to compose the said debt and damages in an Amicable way rather then to leave it in dispute from Generation to Generation to the prejudice of the States Generall and their Subjects In the year 1667. during the Treaty at Breda the States Generall having surprized the Kings Shipps at Chattam severall of the Proprietors friends in the Hague moved the Pentionaris Iohn de Wit to incite the States of Holland and the East-India Company to give some Honourable satisfaction for the Shipps Bona Esperanza and Henery Bonadventura which had bin so solemnely debated in former Treaties being more for the Interest of their Country then to insist upon such scandulous Articles as they had framed and sent to Breda concerning the said dammages which could not extinguish the debt or make void the Letters Patents to Turnor and Carew any more then to disannull the 35. Article of the States Patent to the East-India Company of the Netherlands whereby they make peace and warr with all Princes and States whatsoever at their pleasure from the Cape Bona Esperanza to the Streights of Magelanus Yet Iohn de Wit and his Complices persisted in their projects and would not hearken to any other advice In the year 16-1 the States Generall having made severall Breaches of the Treaty at Breda and denyed Common Justice to his Majesties Subjects in their ordinary Courts of Judicature in Holland and Zeland severall of the Proprietors and Interessed Persons in the sa●d debt and damages made fresh applications to his Majest●e by petition and prayed that his Majestie would please to insist upon reparation and satisfaction in an Extraordinary way according to the merits of their causes and Especially for the debt of 151612 pound ascertained under the Great Seale of England as afore●●●d wh●ch said petition was by order of Councell referred to the Lords C●mmissioners of the Treasury and the two principall Secretaries of State who made a report to His Majestie That the States Generall 〈…〉 bin refractory in severall Articles of the Treaty at Breda his Maj●st● and his Subjects were at libertie both in Justice and Equity to require full satisfaction and reparation in Mr. Courtens Case notwithstanding the said Treaty at Breda In persuance thereof his Majestie was gratiously pleased on the 7. of July 1672. to recommend the debt of 151612. pound with dammages by his Letter under his signe Manuall sent by the said George Carew to his Grace George Duke of Buckingham and the Right Honourable Henery Earle of Arlington his Majesties Plenipotentiaries and Embassadours Extraordinary to the French King and the States Generall then upon a Treaty at Uytrecht requiring the said Plenipotentiaries to insist upon satisfaction accordingly declaring therein his care to protect his Subjects in their Just rights as well as to assist them in the recovery