Upon the Complaints of the Commons of England in Parliament an Act passed in the 4th Year of Henry the 5th whereby a remedy was provided for their more speedy Relief in all Cases of Spoyls and Depredations against Leagues Amities Truces and safe Conducts the parties grieved having liberty thereby to Address themselves to the Keeper of the Privy Seal for the time being for Letters of Request who upon Manifest proofs and Evidence of the wrong appearing shall grant Letters of Request in due form if so required for Restitution and Reparations from the parties that did the Injury that is to say from the Prince State or Supream Power which if not made in a convenient time prefixed that then the Lord Chancellour of England shall make to the party grieved Letters of Marque or Reprizals under the Great Seal of England in due form of Law And by a Statute in the 14th Edw. 4th It was Enacted Established and Confirmed that all Statutes and Ordinances against Offences Injuries Damages and Losses done by Breakers of Leagues Amities Truces and safe Conducts shall be in full Force and Effect By which Statute-Law wherein every Subject of England hath an Interest the Lord Privy Seal and Lord Chancellour are bound to grant the said Letters Respectively Ex Officio of Common right they being upon their Oaths to do their Office Iustly otherwise it would be a Uiolation of their trust And therefore without Satisfaction and Reparations first had and obtained in the Case of Courten for the Debt of 151612 l. and Damages the Chancellour cannot legally pass any Act Supersedeas or Proclamation under the Great Seal of England to Revoke or make void the said Letters Patents or to suspend the Execution thereof being the effect and fruit of several Acts of Parliament for Relief of particular Subjects that were Spoyled and Injured against Leagues of Common Amity and Truces Whereas in the High Court of Chancery his Lordship cannot Relieve any Person whatsoever Stranger or Denizon against a Statute-Law Grotius and the Learned Selden agree that after a Depredation Committed by the Subjects of one Nation to those of another and that the Damage hath been Stated and Letters of Request Issued forth and Iustice denied or delayed that Immediatly such Damage becomes a National Debt to the particular Persons Injured and by the Laws of Nations it ought to be recovered and Paid therefore Remedy is provided by the Laws and Statutes of England accordingly When an Authority passeth by the Kings Grant to such injured Persons of Common Right coupled with an interest to Levie and Recover the Debt and Damages when once the Power is Granted as the Law directs the same cannot by any subsequent Act of the King be Bound or Suspended without satisfaction to the Parties Grieved and the reason is plain because such a Grant and Execution upon it is no Breach of Peace or common Alliance between Princes and States And it 's against the Honour and Interest of the King both at Home And Abroad to diminish his own Prerogative and Royal Grant before satisfaction obtained the Patent being published for a President in several Languages amongst all the Neighbouring Nations Answer to the Second Question THat the private Interest of the Subjects of either side upon Debts Accounts Covenants or any civil Contract in Merchandizing upon the Land cannot be in any Measure comprized or comprehended within any Article of the Treaty at Breda under the notion of Offences Injuries Damages and Losses Therefore they cannot fall under that Construction or forced Interpretation of those Words which were intended naturally to Arise from Spoyls and Depredations terms that ought to have been used in the said Articles but that the transgressors would Pallitate Spoyls and Depredations by the names of Losses Injuries and Damages and the two Subsequent Articles being relative to the third having a Dependance upon the said Offences Injuries Damages and Losses no particular or private Debt and Damage can fall under that construction otherwise all English-mens Money in Holland and Consequently all Dutch mens Money in England gotten into the Hands of Bankers on either side might have been confiscated But the Wars being Proclaimed for General Reprizals between the King and States particular Men Traded each with other notwithstanding It was therefore an Apparent Breach of the Laws of Common Amity and of the Alliance with the Crown of England for the States of Holland on the 10th of September 1676. to send their Express Order in Writing to the ordinary Courts of Iudicature in Amsterdam and the Hague interdicting and Prohibiting the Iudges from Granting any Process or doing any Iustice against Jacob Pergens at the Suit of several English-men for Debts due upon Bills Bonds and Covenants for repayment of Moneys gotten into his Hands under several trusts After this Solemn Debate and Resolution upon those two Points in Question were over a grand Objection was raised by the Civil Lawyers then Present which was Answered as follows in Order Obj. THat a Soveraign Prince having the power of Peace and War in his Hands being the Sole Arbiter thereof may make use of a private Interest for the publique Necessity as Sole Legislator in such Cases Answ. St. Augustin sayes that all Humane Laws are Righteous Decrees agreeing with the Natural and Eternal Law and that there is no Law Iust or Legitimate except it agree with them both All Power being confined within the Bounds of Equity and Reason there is no Plea or Bar to be allowed against the Law of Nature which is Immutable It 's Granted that God Almighty having trusted Soveraign Princes with the Government for the Protection and Preservation of their Subjects in their Goods and Properties It if be just the Supream Power hath sufficient Authority to Restrain any particular Mans Right for every Mans Good yet it was ever found most reasonable in all Ages that when a private Interest was Sacrifized for a Common good a recompence was made for the private Damages out of the publick Purse Cicero Tertullian and other most Learned Authors do all agree in this point Verum etsi nostrae tempore necessitatis Patriae conferre debeamus tamen jure naturae congrui ut Communis salus Communis utilitas periculum non unius duntaxat aut alterius sed Communibus impensis jacturis periculisque comparetur BY the Law of Nature if a Soveraign Prince and State enter into a Contract one with the other upon certain Conditions the Contract is viod if the Conditions are not performed To clear this point we need not go far for Presidents the King of Great Britain having declared both the former Treaties in the year 1662. and 1667. With the States General to be void upon that account The States having been refractory in the performance of Agreements concerning Poleroon and in making reparation for other matters As even the Treaty at Breda was Pronounced null and void upon the like score about Surrinam c. Whereby
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
desire your Speedy Advice For if you shall find the Terms such as may be imbraced your Advice will have great weight with Me and if you find them Defective I hope you will give Me your Advice and Assistance how to get better Terms Vpon the whole Matter I doubt not but you will have a care of My Honour and the Honour and safety of the Nation which are now so deeply concerned The Substance of the Overtures in the said Letter being communicated to both Houses of Parliament were as follows viz. THat the States General and their Subjects should acknowledge the Kings Dominion and Soveraignty of the Seas by striking to the Kings Ships as was Proposed That a regulation of Trade should be settled and adjusted in the East-Indies by a certain number of Commissioners to be appointed of Each side and a Treaty Marine also settled by the said Commissioners within a certain time to be prefixed That Eight Hundred Thousand Pattacoons should be paid to his Majestie at four equal payments the first upon ratifying the said Treaty and the other by three Yearly payments That the Queen Regent of Spain should be Guarrantee for the performance of the said Articles Whereupon both Houses of Parliament Adressed themselves severally to the King to accept of the said Overtures for a Peace with the States seperate from France which were drawn into formal Articles wherein this Seventh Article was Interlarded concerning the Memorable Treaty at BREDA viz. VII Quod tractatus Bredae conclusus Anno Domini 1667. Sicut Etiam omnes alii precedentes trastatus per illum tractatum confirmari renoventur maneant in plena vi ac vigore in quantum presenti tractatui nullaetinus contradicunt But as to the Freedom and Advantage of Fishing upon the English Coast a Royalty so inherent to the Crown of England that His Majesty cannot Sell or Depart withall unto Strangers the Hollanders Say was thrown into the Bargain Gratis upon the account of the Prince of Orange so long as he shall injoy the Offices of Stat-holder Lord High Admiral General and other Offices and Honours of his Ancestors This last Treaty being Concluded Ratified and Published the Interested in the Bona Esperanza and Bonadventura Addressed themselves both to the King and the States General respectively to be paid and satisfied out of the Pattacoons Protesting otherwise that they should be necessitated to put their Letters Patents into Execution to Levy and Reprize their Debt and Damages aforesaid The Proprietors were in good hopes they should not meet with any difficulty in attaining their ends when they found the Treaty Signed by five Principal Ministers of State on the Kings side viz. H. Finch C. S. Latimer Ormond Arlington and H. Coventry For that the Warrant and Proceedings concerning the said Patent passed through the Lord Arlington's Office when he was Secretary of State and directed to Sir Heneage Finch to prepare the Bill when he was Sollicitor General in the time that the Lord Roberts kept the Privy-Seal and had been debated by H. Coventry when he was Ambassador at Breda and the Pattacoons left to the disposing of Latimer Lord High Treasurer of England who knew the Kings Honour and Reputation lay at stake with His Subjects concerning that Affair But yet nevertheless a 4th Part of the said Pattacoons were presently Assigned to be paid to Alderman Backwel for other Services and the Six hundred thousand remaining were transferred by the said Latimers advice and another Minister of State much admired in Holland to the Prince of Orange for old Debts due to his Father and Grandfather from the late King as is pretended and no care taken to satisfie the said 151612 l. with Damage either by his Majestie or the States but left in statu quo under all those circumstances aforesaid Wereupon Divers of the Creditors finding there Rights Liberties and Properties Invaded first strictly Examined the several Treaties and then reduced their Case into two Questions as follows and took the Advice of several most Learned Lawyers thereupon viz. 1 Whether the Letters Patents for Reprizals before-mentioned at large in Folio 4 5. and the Powers and Authority thereby granted can be Revoked Repealed or the Execution thereof Suspended by Proclamation Scire facias Supersedeas Articles of Peace or any way whatsoever before Satisfaction and Reparation should be had or made for the said 151612 l. to the Persons Interested and Injured or not 2 Whether any particular Debts due from the Subjects of the States General to Sir William Courten or Sir Paul Pyndar their Executors Administrators or Assigns by Bills of Exchange Bonds Accompts Covenants or other private Contracts in Trade were Released or Discharged by the said Articles of the Treaty at Breda recited in Folio 7. or were ever intended to be Comprized or Comprehended within the said Articles or not Answer to the First Question OUR Forefathers were so careful of Merchants Rights and Properties and so Provident for the Maintenance and Encouragement of Navigation and Commerce that in all Cases of Spoyls and Depredations whereupon any Offences Injuries Damages or Losses at any time happened to the Subjects of England at Sea the Injured applyed themselves for present Relief to the Writ de arresto facto super bonis mercatorum alienigenium pro transgr facta mercatoribus Angliae and the words Recited in the Writ are for that the Offence is done contra Legem Rationem and not contra pacem In those days the Persons and Gods of Merchants Strangers were Arrested in England for the Offences and Injuries committed by the Subjects of the Prince or State unto whom they belonged that did the Damage Whereupon the Subjects belonging to the Maritine Provinces under the Duke of Bourgundy and divers parts of France comming to the Staple and Mart Towns in England made great complaints to the King and Councel of grievous pressures upon them by suffering in English Ports and Harbours for the Offences of other Men. In consequence whereof an Act of Parliament passed in their favour 27. Edw. 3. Statute 2 Chap. 17 That the Rigour of those Writs should be taken away and in liew thereof in all Cases of Spoils the Subjects of England should for their Relief have the Law of Marque without Fraud or Delay therefore to prevent the failer of Iustice such Letters were to be granted Effectually otherwise liberty would be taken to commit the greatest Injuries and Offences whatsoever unpunishable to the prejudice of all Commerce and Humane Society Justinian agreeth herewith in his Book de jure Nat. And Grotius sayes that the later Lawyers calls it the Right of Reprizals the Saxons and old English Withernam and the French Letters of Marque In several Countries they are asked of the Iudges and by the Common Law of England they were used to be asked of the King but the Subjects finding many Delays and great Expences in those proceedings to their vast prejudice by Secretaries of State
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
of the Company where he died in the year 1631 at the House of the said Peter Boudaen before the Accompts were finish'd and left Sir William Courten and Peter Bondaen his Excecutors liable to pay the Debts of the Company due upon Bonds to divers persons in England Flanders and Brabant which were many and great Sir William Courten by his second Wife the Daughter of Mr. Moses Tryan had one Son and three Daughters named William Hester Mary and Ann who were married into several Noble and Worthy Families viz. Hester intermarried with Sir Edward Littleton of Pilleton-Hall in the County of Stafford Barronet Ann intermarried with Essex Deverux of Leigh-Court in the County of Worcester Esq after his decease with Sir Richard Knightly of Fausely in the County of Northampton Mary intermarried with Anthony Earl of Kent and William the Son and Heir intermarried with the Lady Catherine Daughter of Iohn late Earl of Bridgewater After the decease of the two Partners aforesaid both free Denizons of England Sir William Courten endeavoured to settle the said Accompts and to call home the effects of his Estate out of the hands of Peter Boudaen Merchant at Middleburgh which could not be done by any means during the Life of Sir William Courten the Magistrates of Middleburgh having protected him from the ordinary course of Justice as they have done his Sons and Heirs ever since in several Suits depending to the Damage of Courten and his Creditors the Sum of 123460 l. Sterling and upwards as by the Ballance of the Books kept by Mr. Iohn Moncy in England appears Sir Peter Courten and the said Peter Boudaen having qualified themselves to be Directors of the East and West-India Companies by purchasing many great original Actions in the Chambers at Middleburgh in Zealand with the very individual Monies gotten into their hands out of the proper Estates of Sir William Courten and his Creditors The Magistrates of Holland and Zealand holding it for a Maxim that it would be of bad consequence to their State if they did not protect Strangers and their Goods against all other Forreign Invasions whatsoever The like Protection the States of Holland have given to Iacob Pergens of Amsterdam by express Orders to the Courts of Iudicature at Amsterdam and the Hague that they should refuse English-men all the ways of Justice upon several Actions depending against the said Pergens for Monies gotten into his Possession upon several Trusts Letters of Attorney and private Contracts with William Courten Esq amounting to 15000 l. Sterling and upwards Even for which the said Pergens by his own Covenant had contracted to be accountable to the said Courten or his Assigns This Iacob Pergens was born at Cologne in Germany bred up in London and made a free Denizon of England then upon his marriage with the Sister of Peter Boudaen became a Burgher of Middleburgh afterwards an Inhabitant at Amsterdam and one of the Directors of the West-India Company there who claims sometimes the priviledge of an English-man at other times of a German and as occasion offers he claims the priviledge of a Zealander and often times of a Citizen and Free-Burger of Amsterdam and when he is impleaded at any other place his Exceptions are That he ought not to be sued in any place but only before his Competent Judges of Amsterdam where the Courts of Justice are closed up against all English-men that prosecute their rights against him Sir William Courten in his particular Trade distinct from the Company having received several wrongs and injuries by the Spaniards procured Letters of Mart or Reprizals in the second year of the late King Charles to do himself Right and Justic and sent forth Captain Iohn Powel and Henry Powel his Brother with two Frigats well fitted aud equipped into the West-Indies who having discovered the Island of Barbadoes not inhabited by any people whatsoever landed there and made a survey of the Soil and Scituation and at their return perswaded Sir William Courten to fortifie and settle Plantations upon the said Island who did at his own proper Costs and Charges expend the Sum of 28000 l. Sterling in Building Plantations and Transporting Men Women and Servants And being in quiet possession for the space of two years he procured a Grant under the Great Seal of England Tertio Caroli primi to the Earl of Pembroke and his certain Deputies for the Government thereof according to the Laws of England which subjected the same to the Dominion of the King but the Freehold and Soil by the Law and Original of all Propriety was rested in Sir William Courten and his Heirs for ever Nevertheless Iames late Earl of Carlisle by colour of a pretended Grant as Lord Proprietor of the Caribee Islands in the year 1628 with his Complices Subjects of England enters the said Island by force of Arms and dispossessed the said Sir William Courten his Servants and Planters of their Fortifications Houses and Plantations and do still continue the possession thereof against all Justice and common Right many Families having raised themselves by the Fruits and profits of the said Island out of the ruins of Sir William Courten and his Creditors In the year 1632 Sir William Courten having procured several Fishermen and their Families out of Holland and Zealand as also Net-makers and Ship-Carpenters for building Herring-Busses and Dogger-Boats They were made free Denizens of England and dwelt in divers Towns adjacent to the Sea Then several joynt Stocks were raised for incouraging the Herring-Fishing and Cod-Fishing upon the English Coasts Whereupon the Hollanders and Zealanders under hand got Letters of Mart from the Spaniards and took the said English Busses and Doggers and procur'd them to be confiscated at Oast-End and Dunkirk under pretence they were Dutch Effects And oftentimes fishing in company with the English would in the Night time cast great Stones into their Nets and spoil their whole Voyages for that season by which indirect practices the English were so discouraged that after the loss of above 50000 l. Sterling and upwards in the Enterprize as appears by the Accompts of Sir William Courten and the other Treasurers the whole undertaking was laid aside in Companies to the great Damage and Dishonour of the King and Kingdom That the late King Charles in the 11th year of his Reign together with several Lords of the Council perswaded the said Sir William Courten to undertake Trading Voyages to China and Iapan and for that purpose granted him and others in Company with him a new Charter for an East-India Trade in the year 1635. Then Sir Paul Pyndar being a man of a publick Spirit was moved by the King to furnish and advance the Sum of 36000 l. to Sir William Courten in the first Expedition for which he had assignments upon several Ships The Hollanders then finding that it might hinder their Commerce obstructed them in the said Voyages under pretence that they traded with the Portugals their
Enimies But before any of the said Ships returned Sir William Courten died upon whose Foundation the East-India Company of England afterwards take their times steps Measures of Trade and Correspondence Sir William Courten in his Life-time having contracted many great Debts concerning his several undertakings and ways of Traffick aforesaid left his only Son and Heir William Courten his sole Executor obliging him upon his Death-bed to preserve his Credit at home and abroad especially to prosecute the East-India Trade But soon after the News of Sir Courten's Death was spread in the Low-Countreys the East-India Company of the Netherlands by Force and Fraud used all the Stratagems possible to ruine Mr. Courten's Trading Voyages And after the loss of the two Ships Dragon and Catherine richly Laden from China and Iapan The Officers of the Dutch East-India Company in the beginning of the year 1643 and in the midst of the disorders in England took advantage when the King could not protect his Subjects abroad to spoil Mr Courten and his Partners of other Ships Goods and Merchandize in those remote parts of India But the Constitutions of these times for the space of 20 years from 1640. to 1660. rendred Mr. Courten Sir Paul Pyndar and their Associates so obnoxious to the Powers in being that Mr. Courten was forced out of England and died in his Exile The others remained passive until the King 's most happy Restauration who then for 4 years together earnestly sollicited both at home and abroad upon the Kings Recommendation and Order of the Council-Table for restitution and reparation for the spoyls and depredations of the two Ships Bona Esperanza and Henry Bonadventura without effect Notwithstanding a Worthy Member of the Commons in Parliament had a considerable Sum of Money deposited in his hands in trust to be placed in Holland to procure an honourable Composition from the States or the East-India Company of the Netherlands which was not done yet this worthy Member does not only refuse to refund the Mony but being sued in Chancery for it sometimes insists upon the Priviledge of a Parliament and at other times pleads the Statuts of Limitations Then a Grant passed under the Seal of England of common Right in due form of Law for Satisfaction and Indempnity of the persons interested and injured An Authentick Copy whereof hereafter follows A Copy of the Letters Paetents for Reprisals against the States General and their Subjects Inrolled in Chancery for Satisfaction of 151612 l. Sterling with Costs and Damages CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To all Christian People to whom these presents shall come Greeting Whereas our loving Subject William Courten Esq Deceased and his Partners Anno 1643. by the depredation and hostile Act of one Geland Commander in chief of two Ships belocging co the East-India Company of the Netherlands was betwéen Goa and Maccao in the Streights of Malacca deprived and most injuriously spoiled of a Ship named the Bona Esperanza and of her Tackle Apparel and Furniture and all the Goods and Lading in her upon a very hopeful Trading Uoyage to China which were carried to Batavia and there all de facto without due Process of Law confiscated And that also in the same Year another Ship of our said Subject called the Henry Bonadventura being come on ground near the Island Mauritius was there both Ship and Goods seized upon by some of the Officers and Ministers and others under the Command of the said East-India Company and utterly detained from the right Owners And whereas the said William Courten and his Assigns in his Life time used all possible endeavours to recover the said Ships and Goods and to procure further Iustice against the Malefactors and yet could obtain no Restitution or Satisfaction whereby they became to be much distressed and utterly undone in their Estate and Credit And that thereupon and upon the most humble supplication and Adresses of Francis Earl of Shrewsbury and William Courten Esq Grand-son and Heir of the said Sir William deceased Sir John Ayton and Sir Edmond Turnor Knights George Carew and Charles Whitaker Esqs on the behalf of themselves and divers others Interested in the said two Ships Bona Esperanza and Henry Bonadventure and in the Estates of the said Sir William Courten deceased Sir Edward Littleton Baronett and Sir Paul Pyndar Knight deceased that We would take their Case into Our Princely Consideration We out of a just Sense We then had and still have of their unjust sufferings in that business both by Our own Letters under Our Sign Manual to the States General of the United Provinces and by Sir George Downing Knight and Baronet Our Envoy Extraordinary to whom We gave special Command so to do required satisfaction to be made according to the rules of Iustice and the Amity and good correspondence which We then desired to conserve with them firm and inviolable And whereas after several Addresses made to the said States General by Our said Envoy and nothing granted effectual for Relief of our said Subjects whom We take Our selves in Honour and Iustice concerned to be satisfied and repaid We lately commanded the said Sir George Downing to intimate and signifie to the said States that We expected their final Answer concerning satisfaction to be made for the said Ships and Goods by a time then prefixed and since elapsed that We might so govern Our selves thereupon that Our aforesaid Subjects might be relieved according to Right and Iustice And yet no satisfactory Answer hath béen given so that We cannot but apprehend it to be not only a fruitless endeavour but a prostituting of Our Honour and Dignity to make further Application after so many denyals and flightings And whereas John Exton Doctor of Laws Iudge of our High Admiralty Court of England upon Our Command to certify to Us the value of the Losses and Damages sustained by the said William Courten and Partners whose Interests is now vested in Our Loving Subjects Sir Edmond Turnor Knight and George Carew Esq and Partners hath upon full Examination and Proofs thereof made by Witnesses in Our High Court of Admiralty reported and certified under his Hand that the same do amount to the sum of One Hundred Fifty One Thousand Six Hundred and Twelve Pounds Now Know Ye That for a full restitution to be made to them for their Ships Goods and Merchandizes of which the said William Courten and the Assigns of the said William Courten and Partners were so despoiled as aforesaid with all such Costs and Charges as they shall be at for the recovery of the same We by the Advice of our Privy Cotucil have thought fit and by these presents do grant Licence and Authority under our great Seal of England unto Our said Subjects Sir Edmond Turnor and George Carew their Executors Administrators and Assigns for and on the behalf of themselves and other Persons interessed as
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
to call Copies of Orders of Council Citations who should have understood better being bred an Advocate that the Council Board was no Court of Iudicature and that Citations could not Issue from that Board Yet without the least Summons Sir Ioseph Williamson one of the Principal Secretaries of State for the time being gave a warrant to a Messenger who with a Constable and a Smith on the 4th of October 1677. Broke open Mr. Carew's Chamber and Study doors in his absence and took away what Papers and Writings they pleased and afterwards Seized upon Mr. Carew himself who was Committed to the Gate House by another Warrant Signed by the Earl of Danby Sir Ioseph Williamson and others on the 24th of October 1677. and there detained from all his own private Affairs all the whole Michaelmas-Term The Judges of the Kings-Bench Bar refusing to take Bail which was ready in Court upon the return of several Writs of Habeas Corpus but still the said Carew was Re-manded back into Custody at the instance of the Kings Attorney General and Sollicitor General until he should comply with the said Ambassador's desires who by his Secretary demanded that the said Carew should acquit all his pretences whatsoever in a most Solemn manner as appeared by the Affidavit of Mr. Robert Ayleway the Copy whereof hereafter follows A perfect Copy of Mr. Ayleway's Affidavit RObert Ayleway of London Gentleman maketh Oath that he this Deponent Adressed himself with two several Petitions from George Carew Esq the Copies whereof are hereunto annexed and are true Copies as he this Deponent believed the one to the King and Councel on the 9th Instant November and the other to the Dutch Ambassador on the 10th Instant both Importing the said Carew's Liberty out of his Restraint in the Gate-House And this Deponent as to the first he delivered it into the Kings own hand at the Council Board Whereupon it was Ordered the same Evening that Mr. Carew should be discharged upon the Ambassadors Certificate that he is satisfied or to that effect then this Deponent delivered the other Petition to the said Ambassadors Secretary the next day following who Read the said Petition and said it was well and told the Deponent that he would shew his Excellency the said Petition and speak to him about it and this Deponent should receive his Answer thereupon the next day at White-Hall if this Deponent would meet him there which he this Deponent accordingly did and after some Conference and Debate of the matter the said Secretary told him this Deponent in the presence of Mr. Robert Coke and other Gentlemen that his Excellency was not satisfied And now the said Carew must lye in Prison untill he hath satisfied the World that he hath abused the States and that he hath no Title to any such Pretentions and that his Excellency expected that Mr. Carew should quit his Pretentions in such an Extraordinary and Solemn manner that there should never be the least mention made of them again and repeated the same several times over or words to that effect And at last said I might be assured that it was Expected and would be insisted upon so that it was in vain to make any further application unless he would meaning Mr. Carew quit his Pretentions Robert Ayleway Jurat 13 Die Novembris 1677. Coram me William Wilde SO the said Carew was continued in Prison until he was forced to Subscribe a Paper drawn by Mr. Secretary Williamson worded to this Effect that the said Carew had caused the said Ambassador to be cited by two Orders of the Councel-Board and also caused the said Orders to be Printed without Licence for which he asks his Excellency Pardon upon which he was Discharged paying Serjeant Dike his Fees Afterwards the said Paper was caused to be Printed and most Scandalously fixed upon the Exchange and White-Hall-Gate pretending to vindicate the Dutch Ambassador who got neither Credit nor Honour by this Transaction from any Intelligible Persons either upon the Exchange or even amongst the Dutch Congregations in London and elsewhere in England In this Juncture of time the Creditors and Petitioners could not be heard at Councel-Board upon the said two Orders A new Alliance by a Marriage being in agitation between the Prince of Orange and the Lady Mary the Duke of Yorks Daughter which was promoted and effected by the Earl of Danby's procurement as the Author of the Impartial State of the Earl of Danby's Case Affirms for Rooting out the French Interest at Court and securing the Protestant Religion Then a small Memorial in writing of the Services of Sir William Courten and Sir Paul Pyndar for the Crown of England was delivered into His Majesties own Hand and several Lords of the Council-Table but not to lay any stress upon that as to the Merrits of the Forraign Causes in the two Orders of Council being Honorary Ingagements upon the Crown and Incumbant upon the King his Heirs and Successors for Debts contracted for Diamonds and other Jewels of the Crown as also for vast Sums of Money after the return of Sir Paul Pyndar from Constantinople where he had served King Iames and the Turky Company Eleven Years as Ambassador to the Grand Seigneur and much improved the Levant Trade which Debts are still owing yet nothing would procure so much as a Conference or the least Overture of any satisfaction or reparation for the Bona Esperanza c. The States General having made Peace with France and in a Common Alliance with their Confederats at Algiers The Creditors and Proprietors concerned in the Letters Patents for Reprizals aforesaid in the Month of April 1680. Looking upon it then a very seasonable opportunity to repair themselves the Dutch being at Peace with all the World a season that no Common Claymours could appear Whereupon they resolved to Equipp and set forth three several Ships and Pynaces in pursuance of the Authority granted as aforesaid and to that end and purpose concluded upon the Ships Names the Commanders viz. Captain Compton Gwyther Captain Reger Hawkshead and Captain Thomas Wood with their number of Men Guns and Victualling and entered the same in the Admiralty accordingly Captain Tyrence Byrne being appointed for one Ship while he was fitting himself with Men and Ammunition the Sails were taken away by an Officer pretending he had a lawful Warrant for the same from the Lords of the Admiralty as also to Arrest Richard Chappel Master of the Ship who was forced to give Bayl to answer a Charge as a Criminal And the said George Carew having a Summons from Sir Lyonel Ienkins to appear at the Councel-Board on the 11th of May 1680. He appeared and delivered this Petition following into the hands of the Right Honourable Iohn Earl of Radnor Lord President of the Councel To the Kings Most Excellent Majesty and the Lords of His most Honourable Privy Council The Humble Petition of George Carew Esq Administrator of the Goods and Chattels of