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state_n	lord_n	sir_n	treasurer_n	1,173	5	11.1655	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

1663. had the Confidence to send the draught of the following Articles inter alia in contempt of the King and Kingdom pretending the States had subdued the Parliament by the surprize at Chattam An Abstract of Five Select Articles of the Treaty at BREDA 3. Also that all Offences Injuries Dammages and Losses sustained on either side by the King and the States or their Subjects during this War or at any time before upon any cause or pretence whatsoever be totally Expunged and Buried in Oblivion 4. Moreover that all Ships Goods and Movables which at any time before had come into the Power of either Party or their Subjects should remain to the present Posssessors thereof without any Compensation or Restitution for the same and without any Exception of place time or things 5. Moreover that all Actions Suits and Pretentions whatsoever for the same should remain void obliterated and disanuled and nothing moved thereupon hereafter 8 Its also agreed that under the aforesaid Renuntiation and Stipulation all Letters of Marque Reprisals and Countermarque General and Particular ought to be comprehended and revoked by vertue of that Article accordingly notwithstanding any Grant to the contrary 23. That in case it happen during this Friendship and Alliance that any thing shall be done to the contrary nevertheless the Alliance shall not be Broken but continue in Force only those particular Persons shall be punished that shall do any thing against the Treaty The words in the Articles being set down so general that might admit of forced interpretations beyond the Common intendment of the Embassadors and other Ministers of State Applications were made to Iohn de Wit chief Minister at the Hague by the Advocates and other Agents of Courtens Creditors who told him that a great care ought to be had of particular and private Mens Debts and Interests and especially a tender respect to the Kings Honour and Reputation And finally that as the Articles were penned and sent to Breda they were repugnant to the Laws of God and Mankind and particularly against the Laws and Statutes of England yet de Wit was so puft up with Pride and Insolence that he would give no other answer then this Valeat ut Valere potest and so the Articles were Signed accordingly on the 21. of Iuly 1667. Old stile Note that such words are without any president and were never used in any former Treaty in the World nor mentioned in any Article of the other Treaties with France or Denmark made at the same time in Breda but were Couched in by John de Wit as if he had a design and purpose that the Hollanders and Zealanders should swallow up all Debts Accounts and sunis of Money of Englishmen gotten into the Banks of Amsterdam and Middleburgh upon any cause or pretence whatsoever The Treaty of Commerce and Common Alliance being so concluded It is very remarkable and worthy of your Observation what followed within few Years after upon the 10th of August Old stile Behold the judgement of God Almighty in his Providence concerning the said Iohn de Wit that so worded and writ the Articles of the said Treaty and Cornelius de Wit his Brother Burgomaster of Dort Plenipotentiary in the Surprize at Chattam during the said Treaty Their Tongues were cut out of their Heads and their Fingers cut off their Hands and their Lungs pulled out of their Bodies by their own Subjects in the Hague even in the view and presence of the said George Carew who was then a Prisoner there Committed by the States of Holland under pretence of a Spie but escaped the danger and had been formerly at the instance of some common claimers of Dutch Goods committed at London by Order of the Councel on the 10th of August 1666. as aforesaid and the Letters Patents for 151612 l. and Damages on the same day ordered to be suspended In the Year 1671. the Treary at Breda being declared void by the King and Councel and another War Proclaimed for General Reprizals The Proprietors of the Bona Esperanza and Henry Bonadventura made fresh application to the King and Councel for publick relief against the States a Common Wealth sensible neither of Conscience nor Honour in Courtens Case whereupon it was referred to a select Commitee of the Lords of the Councel who reported their opinion under their Hands in terminis as follows viz. In obedience to your Majesties Order in Councel on the 22. of March 1671. We Humbly represent to your Majestie that the Debt and Damages of those Petitioners being stated under the Great Seal of England whereby it s granted by your Majesty that 151612 l. with all Costs and Charges shall be Reprized We further humbly represent to your Majesty that by the Treaty at Breda all reparations were extinguished and cut off Yet since that time the States General of the Netherlands have not only been refractory in the performance of any agreement concluded on but also have committed many violences and depredations whereby they have wholly cancel'd the obligations of all past Treaties and Agreements and left your Majestie and your Subjects as free in all Iustice and Equity as if they never had been made And therefore we humbly presume to report our opinions to your Majesty that it is now but just and seasonable for your Majestie to insist upon reparations for the Debt and Damages aforesaid In pursuance whereof His Majestie on the 7th of Iuly 1672. sent his Lettes under his Sign Manual to omit no time to his Plenipotentiaries then at Vtrecht to require intire and full satisfaction and reparations of the States General in the singular Case of Courten expressing with great zeal and earnestness that his care in that case should be to protect his Subjects in their just rights as well as to Assist them in the recovery thereof Afterwards by express Order of the Councel Board Instructions were given to the Lords Ambassadors and Plenipotentiaries at Cologne to that end and purpose The States then underhand appealed by their Printed Papers to the Subjects of England for a seperate Peace in that juncture when they were almost brought upon their Knees and would not condescend to any agreement at Cologne but sent a Letter to the King by the Spanish Ambassador unto whom they had given a procuration with instructions to make up such a suddain Peace with the King whereupon His Majestie made this Speech following to both House of Parliament on the 24th of Ianuary 1673. Old stile The Kings Speech My Lords and Gentlemen AT the beginning of this Session I told you as I thought I had reason to do that the States General had not yet made Me any Proposals which could be imagined with intent to conclude but only to amuse To avoid this Imputation they have now sent Me a Letter by the Spanish Ambassador offering Me some Terms of Peace upon conditions formally Drawn up and in a more desent Stile then before It is upon this that I

it appears that Carew's Right and Demand was not abolished or extinguished although seemingly suspended which was revived by the Supream Power and Legislator the Original Grant remaining Extant upon Record in the Rolls to be put into Execution when opportunity best serves until satisfaction and reparation shall be made by the one means or the other Now I must Beg your Honours further Patience and Pardon to shew your Honours who are the most Competent Judges that the States General and their Subjects have not only been Refractory in the Performance of the 8th and 9th Articles agreed upon in the last Treaty but possitively Broke the first and fifth Article of the Treaty Marine Signed at London the 1st of December 1674. By the Commissioners following viz. Thomas Culpeper George Downing Richard Ford William Thompson Iohn Iollife and Iohn Buckworth on the Behalf of the King of Great Britain And Iohn Corver George Sautyn Samuel Beger And Van Vossen P. Duvelaer M. Michielson on the Behalf of the States General IT being agreed by the 8. and 9. Articles between the King and the States General on the 9. of February 1674. New stile that six Commissioners were to be named on each side to settle and conclude upon a Regulation and Adjustment of Trade and Commerce in the East-Indies as also upon a Treaty Marine in all parts of the World as by the two several Articles hereafter follows in Latin taken from the Original appears VIII QUod Tractatus Marinus Hagae-Comitis inter partes utrasque Anno Domini 1668. conclusus coninuetur pro spatio novem mensium post hujus praesentis Tractatus publicationem nisi per subsequentem Tractatum aliter provisum fuerit interea autem ut consideratio novi super hac re Tractatus ad eosdem Commissarios referatur ad quo● commercium per Indias Orientales in Articulo proxime sequenti referetur Quod si tales Commissarii intra tres menses post primum congressum suum in novum Tractatum Marinum ex voto non consenserint tunc res illa quoque ad Arbitrium ac dispositionem Serenissimae Dom. Reginae Regentis Hispaniae referetur eodem plane modo quo Commercii Orientalis regulatio ad Majestatis suae arbitratione in dicto Articulo proxime sequenti referetur IX EO quod à mutua non turbata commercii ac navigationis libertate non solum opulentia sed pax etiam utriusque nationis summopere pendet nihil magis curae esse debet utrique parti quam justa aequa commerce regulatio praecipuè in Indiis Orientalibus tamen quia res est maximi momenti multum temporis requiret ut firmi ac duraturi Articuli ad satisfactionem securitatem subditorum utriusque Partis conficiantur Cum tamen languens poene intermoriens plerarumque Europae regionum conditio non minus quam duarum partium in hoc bello implicatarum ad properam hujus Tractatus conclusionem anhelet supramemoratus Serenissimus Dominus Magnae Britanniae Rex votis desideriis praedictorum Ordinum Generalium accedere dignatur ut ejusdem consideratio aequali numero Commissariorum ab utraque parte nominandorum referatur eisdem Ordinibus Generalibus spondentibus ut illi quos ipsi nominaverint Londinum mittantur ad tractandum cum illis quos Majestas sua Britannica pariter à parte sua deputaverit idque intra spatium trium mensium post hujus Tractatus Publicationem Numerus item Commissariorum utrimque nominandorum sex erit personarum sin autem post tres menses quam congressi fuerint eorum conatus non tam feliciter suecesserint ut Tractatus inde concludatur capita inter eos controversa ad arbitrationem Serenissimae Dominae Reginae Regentis Aispaniae referentur quae undecim Commissarios nominabit Et quodcunque major eorum pars determinaverit in differentiis non prius compositis id utramque partem obligabit proviso semper quod judicium suum declarent intra spatium sex mensium a die quo primum congredientur quod etiam intra spatium erit trium mensium quostquam Serenissima Domina Reginae Regens Pispaniae praedictum arbitrium in se susceperit Those Regulations and Adjustments of Trade and Comerce in the East-Indies and the Treaty for settling Navigation in all other parts of the World were to have been determined and concluded within three Months after the Treaty Signed by the Marquis Del Fresno on the behalf of the States on the 9th of February 1674. as aforesaid But the Dutch Commissioners were Wrangeling and making their Friends with the Unrighteous Mamon untill the first of December 1674. compleat 9 Months and 19 Dayes and yet in all that time did not any thing concerning the Regulation agreed upon in relation to the East-Iidies but left that Affaire re infecta and as to the Treaty Marine they made several Articles most of them relating to contra bando Gods but as to the first and the fifth Articles contained in the said Treaty Marine whereby the Subjects of England were to injoy the Freedom and Priviledge of Navigations to all parts of the Spanish Dominions and else where the States have absolutly denyed the English Ships any Freedom in their passage to Antwerp through the Sheild contrary to the Words and Letters of the said Treaty which are as follows viz. Article I. THat it shall and may be lawfull for all and every the Subjects of the Most Serene and Mighty Prince the King of Great Britain aforesaid with all Freedom and Safety to Sail Trade and Exercise any manner of Traffique in all those Kingdoms Countreys and Estates which are or at any time hereafter shall be in Peace Amity or Neutrality with His said Majesty So that they shall not be any wayes hindred or molested in their Navigation or Trade by the Military Forces nor by the Ships of War or any other kind of Uessels whatsoever belonging either to the High and Mighty Lords the States General of the United Netherlands or to their Subjects upon Occasion or Pretence of any Hostility or Difference which now is or shall hereafter happen between the said Lords the States General and any Princes or People whatsoever in Peace Amity or Neutrality with His said Majesty Article V. AND that all manner of Differences and Contentions on both sides by Sea or Land may from henceforth Cease and be utterly Extinguished It is Agreed That all Ships and Uessels whatsoever belonging to the Subjects of His said Majesty entring or being entred into any Road or Port under the obedience of the Lords the States and purposing to pass from thence shall be onely obliged is shew unto the Offices acting in the Ports of the said States or to the Captains of the States Ships or of Private Men of War if any happen there to be their Passport commonly called a Sea-brief nor shall any Money be exacted from them for the same AFter the Treaty Marine was concluded divers