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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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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
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
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