English Ships Sailing directly from several Ports of England for Antwerp were stopt by a Man of War lying over against the Fort at Lillo some of them being Laden with New-Castle Coles although the Masters offered to pay what Tolls or Customs were reasonable but all would not serve their turn the Ships were forced to go back again to Flushing or Roterdam and there to unlade and pay the Duties of those Ports besides all petty Charges and then constrained to lade them in small Dutch-Roats and to pay them Fraight at their own Prices besides other Charges at Lillo and also at the Spanish Fort of St. Mary to the intolerable Expence and Burthen of His Majesties Subjects although the River ought to be free by the very Words of Stipulation in the said Treaty Marine for all English Ships of any Burthen being one of the best Navigable Rivers in the World A Ship Laden with 400 Tunn of Goods being passable to the Port of Antwerp at low Water In this River the Dutch Seamen were lately so bold to Attaque a Vessel wherein Sir Lyonel Ienkins comming from Nimegen was Imbarqued for England from the City of Antwerp presuming to demand Custom for Goods therein as of all other Ships passing through that Navigable River So that all the Material Demands in Agitation at Cologne Anno 1673 viz the regulation of Trade in the East-Indies settling the Freedom of Navigation in Europe the Arrears for Fishing upon the English Coast and ascertaining a settled Revenue to the Crown out of every Buss and Dogger Boat for that liberty hereafter and even the Reparations for Courtens Debts and Damages remains in sttatu quo unsettled The States of Holland falsly pretending that their Friends in the House of Commons would not have those points insisted upon by the King In the Year 1677. Several of the Proprietors Creditors and others Interested made fresh Applications to the King and Councel to be Heard and Relieved in the Premises and their former Complaints Whereupon these two following Orders of the Councel-Table were made At the Court at White-Hall the 24 th of Iuly 1677. By the Kings Most Excellent Majesty and the Lords of His Majesties Most Honourable Privy Council UPon the humble Petition of Thomas Kynaston Merchant George Porter Esq Son and Heir of Endimion Porter Esq and Thomas Tounsend Esq Adventurers in the joynt stock with Sir William Courten to the East-Indies George Carew Esq Administrator of Sir William Courten and Sir Paul Pindar Charles Earl of Shrewsbury Sir Thomas Meers Rt. Executor of Sir Erasmus de la Fountain Rt. deceased George Cole Thomas Coppin and Charles Whitaker Esqs on the behalf of themselves and others with many Orphans and Widows Creditors of Sir William Courten and his Son and Sir Edward Littleton and the late Earl of Bridgewater deceased Praying that they may be heard at this Board upon their former Petition setting forth their great losses and damages sustained by the East-India Company of the Netherlands by reason of their violent Depredation upon the two Ships the Bona Esperanza and the Henry Bonadventura His Majesty was pleased to appoint Wednesday the 10 th of October next for hearing the Petitioners by themselves or their Council Learned upon the matter of their said former Petition At which time all Parties concerned are to give their attendance JOHN NICHOLAS At the Court at White-Hall the 24 th of Iuly 1677. By the Kings Most Excellent Majesty and the Lords of His Majesties Most Honourable Privy Council UPon the Humble Petition of George Carew Esq Administrator of the Goods and Chattels of Sir William Courten and Sir Paul Pyndar Sir Thomas Meers Kt. Executor of Sir Erasmus de la Fountain Thomas Coppin Gilberd Crouch and William Hinton Esq Valentina Bazilla Loyd Executrix of Sir Peter Vanloar and Elizabeth Bartlet Widows Mark Fletcher and Thomas Carter Merchants on the behalf of themselves and many Hundreds of His Majesties Subjects of England herein concerned setting forth the Sinister Practices used by Peter Boudaen of Middleburgh Merchant Nephew and sole Executor of Sir Peter Courten in Possessing himself of the Estate Real and Personal of the said Sir Peter avoiding to come to any Accompt for the same and obstructing the ordinary Court of Iustice during his life as his Sons and Heirs have since done whereby the due Administration of Iustice hath been often denied and the Iudicial Acts and Decrees of the Prerogative Court and High Court of Chancery in this Kingdom slighted and contemn'd in the ordinary Courts of Iudicature in Holland and Zealand Whereby Order from the States in the year 1676. Iustice was positively denied the Petitioners to the great Oppression of them and of many Orphans and Widows claiming the Effects and Sir William Courten's Estate and his Sons as also of Mr. John Moncy's and Sir Paul Pyndars gotten into the Hands of the said Boudaen Pergens and others Inhabitants of Amsterdam and Middelburgh to the value of two hundred and fifty thousand pounds And therefore praying that speedy satisfaction may be required from the Embassadour Extraordinary of the States General or that Commissioners on either side may be forthwith named to inspect the Accompts between both Parties and determine the same according to Right His Majesty was pleased to appoint Wednesday the 10 th of October next for hearing the Petitioners at the Board concerning this business at which time the Parties concerned are to give their attendance and bring their Council Learned if they please JOHN NICHOLAS AFter two of the Petitioners with a Friend of theirs Addressed themselves to Mons. Van Beuninghen the Dutch Ambassador at his House in Westminster with Authentique Copies of the said Orders under the Seal of the Office Desiring that his Excellency would take notice thereof and make any defence at the Council Table by his Advocates if he pleased Whereupon after he and his Secretary had perused the same his Excellency toar the Orders in Pieces and gave the Petitioners very Menacing Language and so parted out of his Anti-chamber Then some of the Creditors who thought they had done a kindness to the Ambassador by sending him timely notice caused the said Order of Councel to be Printed with the Embssadors Deportment underneath and sent him the same in a Letter who thereupon gave in a long Memorial on the 12th of September 1677. in French to the King Complaining that three Persons had highly Affronted him by leaving a Citation with him to appear before the Council Table on the 10th of October following Alledging in his said Memorial that it was a proceeding of a very high nature the most Injurious violation of the Respects to the most Sacred Laws of Nations and prayed Reparations proportionable to the Grandeur of so outragious and publique Offence And moreover that His Majesty would oblige the Interested Persons to wave all their said demands as Mortified and Extinguished pretences It was a grand Mistake in his Excellency after all his Rodomontadoes
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
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
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 * ☞