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
Enimies But before any of the said Ships returned Sir William Courten died upon whose Foundation the East-India Company of England afterwards take their times steps Measures of Trade and Correspondence Sir William Courten in his Life-time having contracted many great Debts concerning his several undertakings and ways of Traffick aforesaid left his only Son and Heir William Courten his sole Executor obliging him upon his Death-bed to preserve his Credit at home and abroad especially to prosecute the East-India Trade But soon after the News of Sir Courten's Death was spread in the Low-Countreys the East-India Company of the Netherlands by Force and Fraud used all the Stratagems possible to ruine Mr. Courten's Trading Voyages And after the loss of the two Ships Dragon and Catherine richly Laden from China and Iapan The Officers of the Dutch East-India Company in the beginning of the year 1643 and in the midst of the disorders in England took advantage when the King could not protect his Subjects abroad to spoil Mr Courten and his Partners of other Ships Goods and Merchandize in those remote parts of India But the Constitutions of these times for the space of 20 years from 1640. to 1660. rendred Mr. Courten Sir Paul Pyndar and their Associates so obnoxious to the Powers in being that Mr. Courten was forced out of England and died in his Exile The others remained passive until the King 's most happy Restauration who then for 4 years together earnestly sollicited both at home and abroad upon the Kings Recommendation and Order of the Council-Table for restitution and reparation for the spoyls and depredations of the two Ships Bona Esperanza and Henry Bonadventura without effect Notwithstanding a Worthy Member of the Commons in Parliament had a considerable Sum of Money deposited in his hands in trust to be placed in Holland to procure an honourable Composition from the States or the East-India Company of the Netherlands which was not done yet this worthy Member does not only refuse to refund the Mony but being sued in Chancery for it sometimes insists upon the Priviledge of a Parliament and at other times pleads the Statuts of Limitations Then a Grant passed under the Seal of England of common Right in due form of Law for Satisfaction and Indempnity of the persons interested and injured An Authentick Copy whereof hereafter follows A Copy of the Letters Paetents for Reprisals against the States General and their Subjects Inrolled in Chancery for Satisfaction of 151612 l. Sterling with Costs and Damages CHARLES the Second by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. To all Christian People to whom these presents shall come Greeting Whereas our loving Subject William Courten Esq Deceased and his Partners Anno 1643. by the depredation and hostile Act of one Geland Commander in chief of two Ships belocging co the East-India Company of the Netherlands was betwéen Goa and Maccao in the Streights of Malacca deprived and most injuriously spoiled of a Ship named the Bona Esperanza and of her Tackle Apparel and Furniture and all the Goods and Lading in her upon a very hopeful Trading Uoyage to China which were carried to Batavia and there all de facto without due Process of Law confiscated And that also in the same Year another Ship of our said Subject called the Henry Bonadventura being come on ground near the Island Mauritius was there both Ship and Goods seized upon by some of the Officers and Ministers and others under the Command of the said East-India Company and utterly detained from the right Owners And whereas the said William Courten and his Assigns in his Life time used all possible endeavours to recover the said Ships and Goods and to procure further Iustice against the Malefactors and yet could obtain no Restitution or Satisfaction whereby they became to be much distressed and utterly undone in their Estate and Credit And that thereupon and upon the most humble supplication and Adresses of Francis Earl of Shrewsbury and William Courten Esq Grand-son and Heir of the said Sir William deceased Sir John Ayton and Sir Edmond Turnor Knights George Carew and Charles Whitaker Esqs on the behalf of themselves and divers others Interested in the said two Ships Bona Esperanza and Henry Bonadventure and in the Estates of the said Sir William Courten deceased Sir Edward Littleton Baronett and Sir Paul Pyndar Knight deceased that We would take their Case into Our Princely Consideration We out of a just Sense We then had and still have of their unjust sufferings in that business both by Our own Letters under Our Sign Manual to the States General of the United Provinces and by Sir George Downing Knight and Baronet Our Envoy Extraordinary to whom We gave special Command so to do required satisfaction to be made according to the rules of Iustice and the Amity and good correspondence which We then desired to conserve with them firm and inviolable And whereas after several Addresses made to the said States General by Our said Envoy and nothing granted effectual for Relief of our said Subjects whom We take Our selves in Honour and Iustice concerned to be satisfied and repaid We lately commanded the said Sir George Downing to intimate and signifie to the said States that We expected their final Answer concerning satisfaction to be made for the said Ships and Goods by a time then prefixed and since elapsed that We might so govern Our selves thereupon that Our aforesaid Subjects might be relieved according to Right and Iustice And yet no satisfactory Answer hath béen given so that We cannot but apprehend it to be not only a fruitless endeavour but a prostituting of Our Honour and Dignity to make further Application after so many denyals and flightings And whereas John Exton Doctor of Laws Iudge of our High Admiralty Court of England upon Our Command to certify to Us the value of the Losses and Damages sustained by the said William Courten and Partners whose Interests is now vested in Our Loving Subjects Sir Edmond Turnor Knight and George Carew Esq and Partners hath upon full Examination and Proofs thereof made by Witnesses in Our High Court of Admiralty reported and certified under his Hand that the same do amount to the sum of One Hundred Fifty One Thousand Six Hundred and Twelve Pounds Now Know Ye That for a full restitution to be made to them for their Ships Goods and Merchandizes of which the said William Courten and the Assigns of the said William Courten and Partners were so despoiled as aforesaid with all such Costs and Charges as they shall be at for the recovery of the same We by the Advice of our Privy Cotucil have thought fit and by these presents do grant Licence and Authority under our great Seal of England unto Our said Subjects Sir Edmond Turnor and George Carew their Executors Administrators and Assigns for and on the behalf of themselves and other Persons interessed as
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
aforesaid to equip victual furnish and to set to Sea from time to time such and so many Ships and Pinaces as they shall think fit Provided always that there be an entry made and recorded in the Admiralty Court of the Names of all Ships and Uessels and of their Burthen and Ammunition and for how long time they are victualled And also of the Name of the Commander thereof before the same or any of them be set forth to Sea And with the said Ships and Pinaces by force of Arms to set upon take and apprehend any of the Ships Goods Moneys and Merchandizes of the said States General or any of their Subjects inhabiting within any their Domainions or Territories wheresoever the same shall be found and not in any Port or Harbour in England or Ireland unless they be the Ships and Goods of the Parties that did the wrong And the said Ships Goods Moneys and Merchandizes being so taken and brought into some Port of Our Realms and Dominions an Inventory thereof shall be taken by Authority of Our Court of Admiralty and Iudgement shall be given in Our Court of Admiralty by the Iudge or Iudges thereof for the time being upon proofs made before him or them that the said Ships Goods Wares Merchandizes or Money did belong to the States General or any of their Subjects as aforesaid That they shall be lawful prize to the said Sir Edmond Turnor and George Carew their Exetutors Administrators and Assigns as aforesaid to retain and kéep in their or any of their Possessions and to make sale and dispose thereof in open Market or howsoever else to their and every of their best Advantage and Benefit in as ample manner as at any time heretofore hath béen accustomed by way of Reprisal and to have and injoy the same as lawful Prize and as their own proper Goods so that neither Captain Master nor any of the Company that shall serve in his own Person or shall promote and advance the said enterprize in manner and form aforesaid shall in any manner of wise be reputed or challenged for an Offendor against any of Our Laws And that also it shall be lawful for all manner of persons as well Our Subjects as any other to buy the said Ships Goods and Merchandizes so taken and apprehended by the said Captains Masters and others and adjudged as aforesaid without any damage loss hinderance trouble or molestation or incumbrance to befal the said Buyers or any of them in as ample and lawful manner as if the Ships Goods Wares and Merchandize had been come and gotten by the lawful Traffique of Merchants or of just prizes in the time of open War Provided always that all Ships Goods and Merchandizes taken by virtue of this Our Commission shall be kept in safety and no part of them wasted spoiled or diminished or the Bulk thereof broken until Iudgement have first past as aforesaid That they are the Ships and Merchandizes of the States General or some of their Subjects aforesaid And if by colour of this our Commission there shall be taken any Ships Goods or Merchandizes of any of our loving Subjects or the Subjects of any Prince or State in good League or Amity with us except the States General or their Subjects as aforesaid and the Goods therein laden and imbezelled or diminished or the bulk thereof broken in any place before they shall be adjudged to belong to the States General or some of their Subjects as aforesaid That then this Commission shall be of no sufficient Authority to take the said Ships Goods and Merchandizes or to warrant or save harmless such as shall receive buy or intermeddle therein but that the prizes so taken and the said Ship of War shall be confiscated to Our use And further We do hereby declare that it is Our Will and Pleasure that this Our Commission shall remain in full force and power to all intents and purposes until the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid shall by vertue thereof have by force of Arms apprehended taken seised recovered and received from the said States General or their Subjects One hundred fifty one thousand six hundred and twelve pounds according to the Appraisement to be made by sufficient Appraisers upon Oath nominated and authorised in Our said Court of Admirally of all such Ships Goods Wares and Merchandizes as shall be taken from the said States General or any of their Subjects by vertue of this Commission or shall otherwise receive satisfaction of the Debt aforesaid by Composition to be made between those of the East-India Company of the Netherlands and the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid Notwithstanding it so happen the present difference between Us and the States General depending upon general Reprisals may be agreed and composed and that in the interim a Peace and good Correspondence may be renewed between Us and the said States General In which case nevertheless it is Our will and pleasure that in the execution of this Our Commission no violence shall be done to the Persons of the said Subjects of the said States General but only in case of resistance and that after in cold blood the Subjects of the said States General if hurt or wounded shall be used with all convenient office of humanity and kindness And further Our Will and Pleasure is that although it shall happen that all hostility between Us and the States General and Our respective Subjects shall cease yet this Our Commission shall remain and be in full force and power to the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid by vertue thereof to apprehend take and seize by force and Arms so many more of the said Ships and Goods of the States General or any of their said Subjects as besides the said sum before mentioned shall countervail satisfie and pay all such Costs and Charges as the said Sir Edmond Turnor and George Carew their Executors Administrators or Assigns as aforesaid shall from time to time make proof to have disbursed and paid towards the equipping manning paying furnishing and victualling of the said Ships so licensed and Authorised as aforesaid by this Our said Commission to be equipped manned furnished and victualled by the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid for the purpose aforesaid And Our Will and pleasure is and We de hereby require Our Iudge or Iudges of Our High Court of Admiralty for the time being and all other Officers of the Admiralty and all other Our Iudge or Iudges Officers Ministers and Subjects whatsoever to be aiding and assisting to the said Sir Edmond Turnor and George Carew their Executors Administrators Assigns as aforesaid in all points in the due Exectuion of this Our Royal Commission and to procéed to adjudication and adjudge all Ships Merchandizes Monies
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
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
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
praedictorum T. I. ac ceterorum praenominatorum una corporibus eorundem quam citius in ballivis suis inventi fuerint arrestari sub arresto hujusmodi custodiri faciant quosque praedicto S. de transgressione damnis ac de perditis praedictis in forma praedicto fuerit satisfactum T c. THe Ancient Laws of England in the Case of Spoyls were grounded upon right reason for that every English Man living here in an Island had not Moneys to right himself against Forraigners in their own Country so often as they would take advantage by Injuring them to make their own Markets neither could an English Man expect to find Iustice abroad without delay where the Offenders for the most part were Parties and Iudges themselves But when the Persons or Goods of Merchants Strangers were once Arrested or Attached here they would find means suddainly to Retaliate their Dammages at home upon the Offenders Even as at this time if a Fisher Man should be attaqued at Sea for the East-India Companies 〈…〉 in the Towns of Holland and Zealand would quickly make the East-India Companie or their Directors in the Chambers at Amsterdam and Middleburgh Refund their Dammages or otherwise they would Dde Wit them or pull down their Houses in that Popular and Tumultuous Government Now I appeal to all unbiassed and impartial Men whether Iudicial Grants under the Great Seal of England made pursuant to the Laws and Statutes of the Realm obtained by such steps and measures mentioned in the body of the Grant for Reprizing the 151612l with Damages ought not to have the effect of the Law by Seizing the value or by Composition Notwithstanding any such Extrajudicial Acts or Proclamations and pretended Supersedeas The Laws of England having so secured the Distinct Rights and Properties of the Subjects that it is not in the Kings Power by any Act of State unless by Parliament to dispose of His Subjects Goods Or whether there was any necessity the Dutch Ambassador the Here Van Leuven Affirming that the 800000 Pattacones were given to take off the durable Grant for Reprizals by which the Hollanders were bound That three parts of the Pattacones should be Assigned to the Prince of Orange for old Debts and no part to the Proprietors of the Bona Espranza nor for the Great Diamonds Sold to the late King by Sir Paul Pyndar not yet paid for Pawned by the late Queen for half the value in Amsterdam Jure naturae equam est neminem cum alterius detrimento injuria fieri locupletiorem There lies a necessity upon the Creditors to let the World know quod defertur non auferter and that both Nations concerned may remember they did not only Smart but Bleed for the Iniquity and Ingratitude of the times wherein the Grieved and Oppressed could finde no Relief It is necessary also to remember that Sir Albertus Joachimy the Dutch Ambassador Resident in Ordinary in England Anno. 1644. Had notice given him of the Monition out of the High Court of Admiralty fixed upon the Exchange that several Persons were upon Examination in perpetuam rei memoriam to prove the Spoyls and Dammages of the Bona Esperanza with the loss of divers Marriners Lives but the said Ambassador would make no defence therein but suffered Iudgment pro confesso by default Although Fellony be Pardonable by the Prince the Trover is not even as in the Case of Murther but not the appeal The Subject hath a natural liberty at his own Suit to take his remedy otherwise all Right and Propertie might be Destroyed It 's Granted that the King may by His Prerogative make a necessary Garrison in time of War in any of His Subjects Houses Castles and Lands for the Common Defence and Protection of His People making compensation But a great Lawyer and Privy Councellor would affirm that the King having the Power of Peace and War may Grant away a Subjects Castle or other his Freeholds in a publick Treaty without any Satisfaction or Price which is against the Law of property and not warrantable by any Reason of State Conclusion VVHen I Consider the sorrows and sufferings of the said George Carew and Iames Bo'evc in Holland and Zealand whereof I was an Eye witness I cannot mention their names in England without Grief and Wonder finding them Groaning under Troubles and Oppressions at home in ascerting their Rights and Properties like true Englishmen who I am Confident at the same time would Sacrifice their Lives and Fortunes for the Crown of England The Case of the Bona Esperanza being prosecuted from the Year 1644. to 1664. Reduced to a certainty under a Grant for Reparation in the Year following could not be violated without a Breach of Trust yet suddainly Suspended for Reason of State The King wanting Seamen in the Summer and the Dukes Privateers Seamen in the Winter In more seasonable times the Creditors were obstructed by Seizures Arrests Proclamations Orders of Council Imprisonments and pretended Supersedeas's all against the known Laws and Liberties of the Subjects while the Proprietors of the Bona Esperanza during all those Arbitrary Prosecutions against them had not the least Overture for their Reparation or once admitted to a hearing at the Council Table for their Relief After Mr. Carew had to my own knowledge Expended Six thousand pounds and upwards in the said Cause having at this time all his Estate in London and Richmond Mortgaged to Sir Iames Butler of Lincolns Inn and Thomas Coleman Esq for 4500 l. Sterling and had paid Interest for the like Sum ever since the Year 1668. to Mr. Iohn Holwerthy Mr. Letton Mr. Iohn Foche Edward Holmewood and others Eminently known in the City of London The Estates of Sir William Courten and Sir Paul Pyndar being Indebted 7000 l. to the said Carew in right of his first Wife the only Daughter of Mr. William Walton a Turkey Merchant whose cause with the others Interested and Concerned being now brought home to this Parliament for Justice they cannot despair of a seasonable Redress according to the measure and nature or then Grievances and Opressions I must not omit therefore in this Conclusion to give a short Abstract of the most Arbitrary and unjust Sentence Pronounced in the Court of Admiralty in England for 1800 l. Damages against Sir Edmond Turnor George Carew Tyrence Birne and Ionathan Frost at the instance of Iacob Neitz and others which was confirmed by the Judges Delegates and Adjuncts in Hillary Term 1678. The Case and unjust Sentence upon it IN the Year 1665. Admiral de Ruiter having taken an old Fly Boat of 200. Tun Dutch Built named the Mary of Bristol belonging to several Merchants of that City bound homewards from Barbadoes with Sugars Cotton Indigo c. The said Ship and Goods so taken were Condemned by the Admiralty Court in Amsterdam as free Prize to the States In the Year 1666. The said Ship being set forth from Amsterdam to Sea by the name of the