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
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
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 * ☞
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
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