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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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Sir William Courten and Sir Paul Pyndar K t s Deceased with their Wills annexed and Thomas Coppin Esq on the behalf of themselves and divers others Interested and Concerned Sheweth THat in Pursuance of two several Orders of the Council-Board Dated the 24th of July 1677. Your Petitioners and other Proprietors Interested have often attended with their Councel Learned in the Law to be heard concerning relief for the matters therein contained according to Iustice and Common Right Humbly Praying that the Ambassador of the States General Resident in England might have notice thereof to make what Defence he could by his Advocates or others against your Petitioners just Complaints but to this day your Petitioners could not be heard although several times were Assigned for that purpose Your Petitioners do therefore most Humbly Pray that Your Majesty would be most Graciously pleased to appoint a Peremptory Day that your Petitioners may be heard at the Council-Board and that the Dutch Ambassador may have notice thereof from one of the Principal Secretaries of State with Copies of the said Orders to make what Defence he can by his Advocates or others if he please that Right may be done according to the Merits of the Cause And Your Petitioners shall ever Pray c. George Carew Thomas Coppin THe said Petition being Ordered to be Read and Sir Philip Lloyd Clerk of the Councel having Read the same accordingly on the 12th day of May 1680. The Lord High Chancellour was pleased to tell Mr. Carew that he should not be heard but that He and others that offered to put the said Letters Pattents or any Commissions derived from thence in Execution should be Hanged as Pirates And notwithstanding the said George Carew informed the Councel-Board that two or three Ships were out upon the Coast of Spain and other parts in Pursuance of certain Articles and Agreements between him and the Creditors yet nothing would prevail for a hearing upon the Petition or upon the former Order of Councel aforesaid but this new Order was made Ex parte upon a Memorial given in by the Dutch Ambassador stuft with Impertinent falsities as follows At the Court at White-Hall the 12 th of May 1680. Present The Kings most Excellent Majesty His Highness Prince Rupert Lord Archbishop of Canterbury Lord Chancellor Lord President Duke of Albemarle Marquess of Worcester Earl of Ossory Lord Chamberlain Earl of Bridgwater Earl of Sunderland Earl of Essex Earl of Bathe Lord Bishop of London Mr. Hide Lord Chief Justice North. Mr. Finch Mr. Secretary Ienkins Mr. Chancellor of the Exchequer Sir Thomas Chicheley Mr. Godolphin THis day a Memorial presented to His Majesty by his Excellency the Ambassador Extraordinary from the States General of the United Provinces was read in Council setting forth how that according to Information given upon Oath Sir Edward Graves K nt and George Carew Esq were Equipping and Arming a small Frigat called the Mary under the Command of Tyrence Byrne to be imployed against the Subjects of the States General and particularly to surprize and seize the Ship called the Emperour wherein a part of the said Lord Ambassadors Equippage was Imbarqued in order to his return to his own Country which Equipping and Arming was by colour of a Commission or Letter of Reprizal bearing date the 29th of May in the 17th year of His Majesties Reign that now is and granted in favour of the Creditors of Sir William Courten and others And praying that the said Letters of Reprizals might be Revoked His Majesty considering that the said Commission was Suspended by His Majesties Proclamation bearing Date the 10th of August 1666. for divers great and notable Misdemeanors committed in Execution thereof and that by the Treaty of Peace and Alliance made with the States General of the United Provinces at Breda the 21 of July 1667. It is agreed that all Suits and Pretentions that the Subjects of His Majesty or the States General might or could move or prosecute one against another for any matter or thing before the Date of the said Treaty shall remain void Obliterated and Disanulled and that all Letters of Reprizal Marque or Countermarque both general and particular are by the said Treaty Inhibited and Revoaked which said Treaty was restored in its former Uigour and Confirmed by a Subsequent Treaty made at Westminster in the Month of February 167 3 4. By which Treaties all Letters and Commissions of Reprizal are intirely Revoaked and Annulled His Majesty likewise foreseeing of what Mischievous Consequence it would be to all his Loving Subjects if the States General upon the Execution of the said Letters of Reprizal contrary to the meaning of the said Treaties and after the anulling of them by the same should Grant Letters of Countermarque against the said Subjects and their Goods to the hindring of Commerce and the Ruine and Dammage of many particular Men although unconcerned in the Case of such Reprizal His Majesty doth therefore hereby Order Sir Creswel Levins His Majesties Attorney General to prepare the Draught of a Supersedeas to pass the Great Seal of England whereby the said Letters of Reprizal may be in due form of Law Superseded Revoked and Declared to be void and Determined to all effects and purposes whatsoever to the end the States General may rest satisfied of his Majesties care to have his Treaties duly executed and that it be made known and may appear of Record to all his Loving Subjects that the said Letters of Reprizal are Revoaked and Declared void to the end also that none may hereafter presume to Act by vertue thereof and if any do that they may be proceeded against as Pirats acting without Commission and as Infractors of the Peace and Alliance between His Maiesty and the States General A true Copy Ex. FRANCIS GUYN IT may be remarqued from hence what Dangerous consequences would attend the Subjects of England in their Estates and Properties if such an Order of the Councel-Table should be of force to Supersede a Iudicial Grant upon Record under the Great Seal of England without a Scire facias or hearing the Parties or to Discharge and Release particular Mens-Rights and Interests in the Hands of Forreigners upon private and Land-Contracts in Trade and Commerce without any Restitution or Satisfaction for the same Under such presidents no Man can be safe It 's very remarkable that civil Actions and Pretences for several Matters and Things were not Obliterated or made void by the Treaty at Breda as appears by several Presidents of both sides in the Courts of Judicature at the Hague Amsterdam and Middleburgh viz. By the cause in the Supream Court of Judicature between James Boeve and the Heirs of Peter Boudaen depending many years before the Treaty at Breda and prosecuted several years after to a Definitive Sentence and by other actions in Zealand that had long depended before the Treaty in the Zerick-sea which were prosecuted afterward by Sir William Lower John Monson and Roger
Godileive of Brugit under the Colour of Iacob Neitz Andreas Vanden Bogaerd Michael Vander Plancken Merchants of Brugis and others as owners upon a Voyage to France for Wine Brandy and Salt Captain Tyrence Byrne Commander of a small Frigat named the Royal having a Commission from the said George Carew persuant to the Letters Patents aforesaid for Reprizals against the Dutch Seized the said Ship near Port-land Bayin the Month of Iuly 1666. Laden with Wine Salt and other Goods from France bound for Amsterdam as by the Bills of Lading appeared The Master and Seamen being Examined by Mr. Exton the Mayor and other Magistrates of Chichester upon a Commission sent by Mr. Suckling out of the Admiralty Court at the instance of Ionathan Frost part owner of the Royal Frigat the whole Ships Company confessed themselves to be Hollanders and Zealanders Born that the Ship was taken by de Ruiter under the circumstances aforesaid and that they were bound for Amsterdam the Goods being Assigned to Merchents there Whereupon Sir Lyonell Ienkins decreed that there was good cause of Seizure and condemned the pietended owners of the said Ship Godileive in Expences but in regard one Peter Gerrard a French-man appeared by Mr. Francklin his Proctor and claymed the said Ship and Goods in the names of the said Iacob Neitz and others the King of Spains Subjects the Judge Ordered and decreed that upon payment of the Costs aforesaid and giving Bayl to abide the Sentence of the Court upon hearing the Cause that then the Ship and Goods should be delivered to the Claymors unto which the Captors Consented But Gerrard refusing to do the same Arrested the Captain in an Action of 1000 l. Valuing the Ship and Goods at that rate and the Captain being committed thereupon to the Marshalsea gave sufficient Bayl to the liking of the said Gerrard and his Proctor who neglected to proceed thereupon But upon new examinations of the Master and Seamen Exparte procured a sentence for discharging the said Ship and Goods and a Writ of Restitution whereupon the Vicadmiral and the Customhouse-waitors in whose Custody they were delivered the same accordingly Then finding some Imbezelements of the Salt and Wine in the Port of Chichester and other Damages by lying so long in dispute through their own default Gerrard and Francklin depending the Process against Byrne Exhibited a Lybel joyntly against Sir Edmond Turnor George Carew Tyrence Byrne and Ionathan Frost in the names of Iacob Neitz and the other Claymors and Procured an Arbitrary and unjust sentence against them all for 1800 l. Damages in spoyling their Voyage and Imbezealing their Goods From which Sentence Sir Edmond Turnor and George Carew appealed by themselves to the King in the High Court of Chancery Whereupon the Lord Keeper Bridgeman appointed the Lord Chief Iustice Rainsford Iudge Wilde Iudge Windham and Baron Littleton as adjuncts with Sir Richard Lloyd Sir Timetly Baldwin Sir Edward Low Dr. Pinfold Dr. Trumbal Dr. Digby and Dr. Briggs or a Competent number of them by Commission to re-hear and determine the same But the Judges upon several debates being divided in their opinions Concerning the Law of England in Cases of Personal Injuries and that Turnor and Carew ought not to suffer for the Trespass of another the Case depended undetermined until the Year 1678. Then one Peter Victorine appeared for the Claymors Peter Gerrard being run away and procured the Commission to be renewed by the Lord High Chancellor who appointed the Lord Chief Iustice North who had denied a Prohibition in the Case in the room of Justice Rainsford And said the Cause of appeal being appointed to be heard at Serjeants Inn in Chancery Lane on the 16th of March 1678. Sir Francis Winnington Sir Thomas Exton Mr. Thursby and Mr. Molloy being of Council for the said Turnor and Carew insisted as the truth was that no proof appeared in all the Process transmitted against them and that upon the said Neitz vander Plancken c. Their own shewing the Imbezelements were done in the Port of Chichester after the Capture which was in the body of the County of Sussex and therefore Tryable at the Common Law by Jury the Admiralty having no Jurisdiction therein several Statutes in the time of King Ric. 2. Edw. 3. and Hen. 4. Expresly forbidding those Incroachments upon the Common Law of England Yet the Lord Chief Justice North over-ruled all that was offered and confirmed the said unjust and Arbitrary Sentence and Signed the same whereupon Judge Wild and the rest followed and did the like The Sentence and Confirmation being brought ready drawn and Ingrossed in Parchment by the said Francklin for that end and purpose who caused the said Judges to Admonish the said Carew being then present to pay the said 1800 l. Cum Expencis before the first day of Easter Term following against which Sentence Confirmation and Admonition the said Carew protested openly before the said Judges as Erronious Arbitrary and unjust and also appealed to the last Parliament for a nullity thereof As also for Caution for his Costs and Charges unjustly sustained and to be sustained therein to be given by Mr. Foot a Merchant in Rood Lane and Mr. Hungerford who after Victrine Died Insolvent appeared for the said Claymors and Likewise for satisfaction of 500 l. with Interest from Mr. William Walker a Gouldsmith detained in his hands from the said Carew ever since the 24th of Iune 1669. under pretence of being obliged to the said Peter Gerrard upon the said Carews Appeal from the first Sentence But the Parliament being Dissolved the whole matter depends in statu quo for Redress according to the Judgment of Parliament the Justice and Equity of the Nation FINIS An. 1567. An. 1606. An. 1630. An. 1631. An. 1632. An. 1635. 10. August 1672. Old stile Referrees Lord Arlington Lord Ashley Mr. Treasurer Mr. Secretary Trevor Sir John Duncomb Register of Writs 126. Register of Writs 129. De arrests facto super bonis mercatorum alienigenium pro transfacta mercatoribus Angliae * ☞