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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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Upon the Complaints of the Commons of England in Parliament an Act passed in the 4th Year of Henry the 5th whereby a remedy was provided for their more speedy Relief in all Cases of Spoyls and Depredations against Leagues Amities Truces and safe Conducts the parties grieved having liberty thereby to Address themselves to the Keeper of the Privy Seal for the time being for Letters of Request who upon Manifest proofs and Evidence of the wrong appearing shall grant Letters of Request in due form if so required for Restitution and Reparations from the parties that did the Injury that is to say from the Prince State or Supream Power which if not made in a convenient time prefixed that then the Lord Chancellour of England shall make to the party grieved Letters of Marque or Reprizals under the Great Seal of England in due form of Law And by a Statute in the 14th Edw. 4th It was Enacted Established and Confirmed that all Statutes and Ordinances against Offences Injuries Damages and Losses done by Breakers of Leagues Amities Truces and safe Conducts shall be in full Force and Effect By which Statute-Law wherein every Subject of England hath an Interest the Lord Privy Seal and Lord Chancellour are bound to grant the said Letters Respectively Ex Officio of Common right they being upon their Oaths to do their Office Iustly otherwise it would be a Uiolation of their trust And therefore without Satisfaction and Reparations first had and obtained in the Case of Courten for the Debt of 151612 l. and Damages the Chancellour cannot legally pass any Act Supersedeas or Proclamation under the Great Seal of England to Revoke or make void the said Letters Patents or to suspend the Execution thereof being the effect and fruit of several Acts of Parliament for Relief of particular Subjects that were Spoyled and Injured against Leagues of Common Amity and Truces Whereas in the High Court of Chancery his Lordship cannot Relieve any Person whatsoever Stranger or Denizon against a Statute-Law Grotius and the Learned Selden agree that after a Depredation Committed by the Subjects of one Nation to those of another and that the Damage hath been Stated and Letters of Request Issued forth and Iustice denied or delayed that Immediatly such Damage becomes a National Debt to the particular Persons Injured and by the Laws of Nations it ought to be recovered and Paid therefore Remedy is provided by the Laws and Statutes of England accordingly When an Authority passeth by the Kings Grant to such injured Persons of Common Right coupled with an interest to Levie and Recover the Debt and Damages when once the Power is Granted as the Law directs the same cannot by any subsequent Act of the King be Bound or Suspended without satisfaction to the Parties Grieved and the reason is plain because such a Grant and Execution upon it is no Breach of Peace or common Alliance between Princes and States And it 's against the Honour and Interest of the King both at Home And Abroad to diminish his own Prerogative and Royal Grant before satisfaction obtained the Patent being published for a President in several Languages amongst all the Neighbouring Nations Answer to the Second Question THat the private Interest of the Subjects of either side upon Debts Accounts Covenants or any civil Contract in Merchandizing upon the Land cannot be in any Measure comprized or comprehended within any Article of the Treaty at Breda under the notion of Offences Injuries Damages and Losses Therefore they cannot fall under that Construction or forced Interpretation of those Words which were intended naturally to Arise from Spoyls and Depredations terms that ought to have been used in the said Articles but that the transgressors would Pallitate Spoyls and Depredations by the names of Losses Injuries and Damages and the two Subsequent Articles being relative to the third having a Dependance upon the said Offences Injuries Damages and Losses no particular or private Debt and Damage can fall under that construction otherwise all English-mens Money in Holland and Consequently all Dutch mens Money in England gotten into the Hands of Bankers on either side might have been confiscated But the Wars being Proclaimed for General Reprizals between the King and States particular Men Traded each with other notwithstanding It was therefore an Apparent Breach of the Laws of Common Amity and of the Alliance with the Crown of England for the States of Holland on the 10th of September 1676. to send their Express Order in Writing to the ordinary Courts of Iudicature in Amsterdam and the Hague interdicting and Prohibiting the Iudges from Granting any Process or doing any Iustice against Jacob Pergens at the Suit of several English-men for Debts due upon Bills Bonds and Covenants for repayment of Moneys gotten into his Hands under several trusts After this Solemn Debate and Resolution upon those two Points in Question were over a grand Objection was raised by the Civil Lawyers then Present which was Answered as follows in Order Obj. THat a Soveraign Prince having the power of Peace and War in his Hands being the Sole Arbiter thereof may make use of a private Interest for the publique Necessity as Sole Legislator in such Cases Answ. St. Augustin sayes that all Humane Laws are Righteous Decrees agreeing with the Natural and Eternal Law and that there is no Law Iust or Legitimate except it agree with them both All Power being confined within the Bounds of Equity and Reason there is no Plea or Bar to be allowed against the Law of Nature which is Immutable It 's Granted that God Almighty having trusted Soveraign Princes with the Government for the Protection and Preservation of their Subjects in their Goods and Properties It if be just the Supream Power hath sufficient Authority to Restrain any particular Mans Right for every Mans Good yet it was ever found most reasonable in all Ages that when a private Interest was Sacrifized for a Common good a recompence was made for the private Damages out of the publick Purse Cicero Tertullian and other most Learned Authors do all agree in this point Verum etsi nostrae tempore necessitatis Patriae conferre debeamus tamen jure naturae congrui ut Communis salus Communis utilitas periculum non unius duntaxat aut alterius sed Communibus impensis jacturis periculisque comparetur BY the Law of Nature if a Soveraign Prince and State enter into a Contract one with the other upon certain Conditions the Contract is viod if the Conditions are not performed To clear this point we need not go far for Presidents the King of Great Britain having declared both the former Treaties in the year 1662. and 1667. With the States General to be void upon that account The States having been refractory in the performance of Agreements concerning Poleroon and in making reparation for other matters As even the Treaty at Breda was Pronounced null and void upon the like score about Surrinam c. Whereby
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