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
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
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
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
and Goods by vertue hereof to be taken proved to belong to the said States General or any of their Subjects to be lawfull prize to the said Sir Edmond Turnor and George Carew their Executors Administrators or Assigns as aforesaid according to our Princely intention hereby signified and expressed and to take care that this Our Royal Commission be duly executed and favourably interpreted and construed in all respects to the benefit and best advantage of the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid In Witness whereof We have caused these Our Letters to be made Patents Witness Our self at Westminster the 19. day of May in the 17. Year of Our Reign Per ip'm Regem It is to be considered that upon some Spoyls and Depredations done by the West-India Company of Holland to the English upon the Coast of Guinny whereby the Affrican Company suffered great Dammages and Affronts the King and His Royal Highness the Duke of York having particular shares and proportions therein for want of Satisfaction and Reparation In conclusion General Reprizals were Proclaimed against the States and their Subjects before this grant aforesaid passed for Particular and Special Reprizals in Courtens Case although it was in agitation some years before Yet after all this the Proprietors Applyed themselves respectively to the States and Directors of the East-India Company to accomodate that Affair rather then to put the said Grant into Execution and when nothing would prevail several Commissions in the year 1666. were Assigned to Captain Edward Lucy Nicholas Carew Iohn Holmes Edward Manning Tyrence Byrne and other Captains and Commanders who brought in several Ships and their Ladings as Prize but in regard the Hollanders Traded under the Colours and Trusts of the Swedes Hamburgers Flemmings Breamers Dantzickers Lubeckers and other Nations in Common amity with England the Ships and Goods so brought in were most of them claimed by several Agents from the Subjects of those Nations or the Residents of those Princes and States whereupon they were restored by the Judge of the Admiralty so that there was not bona fide Fifteen Hundred Pounds recovered as by the Register in the Court of Admiralty appears before a Proclimation Issued forth on the 10th of August 1666. to suspend the Execution of the said Letters Patents under pretence of Misdemeanours in the Captains with an Order of the Councel Table of the same Date to Commit the said George Carew who granted the said Commissions although neither of the said Captains nor the said Carew were ever Summoned or Questioned judicially to answer any charge against them Then the Proprietors and Persons interested Presented their Petition to His Majestie to have some satisfaction for the present out of the Prizes taken from the East-India Company of Holland and others by the Kings Ships but answer was given that they were to be disposed for other Services the War being Proclaimed for General Reprizals and that the Petitionors might resort to their own special Grant in a more seasonable time the Seamen being wanting for the Kings Ships Then some of the most considerable Creditors made several inspections into His Majesties Speeches and Orders of both Houses in relation to the War against Holland A very remarkable one being deliver'd by the Earl of Manchester Lord Chamberlain of His Majesties Household with his Speech made to the Lord Mayor Aldermen and worthy Citizens of London at a Common-Hall on Tuesday the 1. of December 1664. viz Die Veneris 25. November 1664 Ordered by the Lords Spiritual and Temporal and Commons in Parliament Assembled that the thanks of both Houses of Parliament be given unto the City of London for their forwardness in Assisting His Majesty and in Particular for Furnishing Him with several great Sums of Money towards His preparations for the Honour Safety and Trade of this Nation And more Especially well weighed several Periods of His Majesties Speech to both Houses of Parliament on the 24th of November 1664. as followeth viz. Mr. Speaker ANd you Gentlemen of the House of Commons I know not whether it be worth My pains to endeavour to remove a vile Iealousie which some ill Men scatter abroad and which I am sure will never sinck into the breast of any Man who is worthy to sit upon your Benches that when you have given me a Noble and proportionable Supply for the support of a War I may be induced by some evil Councelors for they will be thought to think very respectively of my own Person to make a suddain Peace and get all that Mony for my own private occasions But let me tell you and you may be most confident of it that when I am compelled to enter into a War for the Protection Honour and Benefit of my Subjects I will God Willing not make a Peace but upon the obtaining and securing those ends for which the War is entred into and when that can be done no good Man will be sorry for the determination of it WHereupon the Commons of England acknowledging in the Preamble of their Acts with all humility and thankfulness to His Majestie for his abundant care in their preservation at Sea and of the great Charge necessary for the defence thereof Granted at several times Five Millions Four Hundred and Four Thousand Seven Hundred and Fifty Pounds Eleven Shillings and Eight Pence for Extraordinary Supplies towards the Wars out of which his Royal Highness the Duke of York had the Sum of One Hundred and Twenty Thousand Nine Hundred and Two Pounds Fiftéen Shillings and Eight Pence a Months Tax for his Heroick courage at Sea against the Hollanders Upon this consideration the said Creditors and those intrested in the Letters Patents for the special Reprizals applied themselves again in season and out of season to His Majestie and the Councel for some Reparations out of the Imbeazilments of the Prizes taken by the Kings Ships from the Dutch or out of the Monies given by Parliament but answer was made that His Majestie had done for the Petitioners already all what the Law required and so they might rest satisfi'd therewith the Debt being stated and ascertained by a Grant for reparation under the Great Seal of England Afterwards in the Month of Iune 1667. Preparations being made for a Treaty of Peace and common Alliance at Breda the Creditors and Proprietors concern'd in the Bona Esperanza and Henry Bonadventura applied themselves to the King and Ambassadors Extroardinary on both sides as also unto the Directors of the East-India Company of the Netherlands that satisfaction might be given in that singular Case of Courten to take away the continual Claim and Execution so intailed by the Especial Grant under the Great Seal of England that would perpetually be incumbant upon the States General and the East-India Company of the Netherlands until Restitution be made then Iohn de Wit the Pensionarie of Holland who offered Four Hundred Thousand Guilders in the year
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
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
to call Copies of Orders of Council Citations who should have understood better being bred an Advocate that the Council Board was no Court of Iudicature and that Citations could not Issue from that Board Yet without the least Summons Sir Ioseph Williamson one of the Principal Secretaries of State for the time being gave a warrant to a Messenger who with a Constable and a Smith on the 4th of October 1677. Broke open Mr. Carew's Chamber and Study doors in his absence and took away what Papers and Writings they pleased and afterwards Seized upon Mr. Carew himself who was Committed to the Gate House by another Warrant Signed by the Earl of Danby Sir Ioseph Williamson and others on the 24th of October 1677. and there detained from all his own private Affairs all the whole Michaelmas-Term The Judges of the Kings-Bench Bar refusing to take Bail which was ready in Court upon the return of several Writs of Habeas Corpus but still the said Carew was Re-manded back into Custody at the instance of the Kings Attorney General and Sollicitor General until he should comply with the said Ambassador's desires who by his Secretary demanded that the said Carew should acquit all his pretences whatsoever in a most Solemn manner as appeared by the Affidavit of Mr. Robert Ayleway the Copy whereof hereafter follows A perfect Copy of Mr. Ayleway's Affidavit RObert Ayleway of London Gentleman maketh Oath that he this Deponent Adressed himself with two several Petitions from George Carew Esq the Copies whereof are hereunto annexed and are true Copies as he this Deponent believed the one to the King and Councel on the 9th Instant November and the other to the Dutch Ambassador on the 10th Instant both Importing the said Carew's Liberty out of his Restraint in the Gate-House And this Deponent as to the first he delivered it into the Kings own hand at the Council Board Whereupon it was Ordered the same Evening that Mr. Carew should be discharged upon the Ambassadors Certificate that he is satisfied or to that effect then this Deponent delivered the other Petition to the said Ambassadors Secretary the next day following who Read the said Petition and said it was well and told the Deponent that he would shew his Excellency the said Petition and speak to him about it and this Deponent should receive his Answer thereupon the next day at White-Hall if this Deponent would meet him there which he this Deponent accordingly did and after some Conference and Debate of the matter the said Secretary told him this Deponent in the presence of Mr. Robert Coke and other Gentlemen that his Excellency was not satisfied And now the said Carew must lye in Prison untill he hath satisfied the World that he hath abused the States and that he hath no Title to any such Pretentions and that his Excellency expected that Mr. Carew should quit his Pretentions in such an Extraordinary and Solemn manner that there should never be the least mention made of them again and repeated the same several times over or words to that effect And at last said I might be assured that it was Expected and would be insisted upon so that it was in vain to make any further application unless he would meaning Mr. Carew quit his Pretentions Robert Ayleway Jurat 13 Die Novembris 1677. Coram me William Wilde SO the said Carew was continued in Prison until he was forced to Subscribe a Paper drawn by Mr. Secretary Williamson worded to this Effect that the said Carew had caused the said Ambassador to be cited by two Orders of the Councel-Board and also caused the said Orders to be Printed without Licence for which he asks his Excellency Pardon upon which he was Discharged paying Serjeant Dike his Fees Afterwards the said Paper was caused to be Printed and most Scandalously fixed upon the Exchange and White-Hall-Gate pretending to vindicate the Dutch Ambassador who got neither Credit nor Honour by this Transaction from any Intelligible Persons either upon the Exchange or even amongst the Dutch Congregations in London and elsewhere in England In this Juncture of time the Creditors and Petitioners could not be heard at Councel-Board upon the said two Orders A new Alliance by a Marriage being in agitation between the Prince of Orange and the Lady Mary the Duke of Yorks Daughter which was promoted and effected by the Earl of Danby's procurement as the Author of the Impartial State of the Earl of Danby's Case Affirms for Rooting out the French Interest at Court and securing the Protestant Religion Then a small Memorial in writing of the Services of Sir William Courten and Sir Paul Pyndar for the Crown of England was delivered into His Majesties own Hand and several Lords of the Council-Table but not to lay any stress upon that as to the Merrits of the Forraign Causes in the two Orders of Council being Honorary Ingagements upon the Crown and Incumbant upon the King his Heirs and Successors for Debts contracted for Diamonds and other Jewels of the Crown as also for vast Sums of Money after the return of Sir Paul Pyndar from Constantinople where he had served King Iames and the Turky Company Eleven Years as Ambassador to the Grand Seigneur and much improved the Levant Trade which Debts are still owing yet nothing would procure so much as a Conference or the least Overture of any satisfaction or reparation for the Bona Esperanza c. The States General having made Peace with France and in a Common Alliance with their Confederats at Algiers The Creditors and Proprietors concerned in the Letters Patents for Reprizals aforesaid in the Month of April 1680. Looking upon it then a very seasonable opportunity to repair themselves the Dutch being at Peace with all the World a season that no Common Claymours could appear Whereupon they resolved to Equipp and set forth three several Ships and Pynaces in pursuance of the Authority granted as aforesaid and to that end and purpose concluded upon the Ships Names the Commanders viz. Captain Compton Gwyther Captain Reger Hawkshead and Captain Thomas Wood with their number of Men Guns and Victualling and entered the same in the Admiralty accordingly Captain Tyrence Byrne being appointed for one Ship while he was fitting himself with Men and Ammunition the Sails were taken away by an Officer pretending he had a lawful Warrant for the same from the Lords of the Admiralty as also to Arrest Richard Chappel Master of the Ship who was forced to give Bayl to answer a Charge as a Criminal And the said George Carew having a Summons from Sir Lyonel Ienkins to appear at the Councel-Board on the 11th of May 1680. He appeared and delivered this Petition following into the hands of the Right Honourable Iohn Earl of Radnor Lord President of the Councel To the Kings Most Excellent Majesty and the Lords of His most Honourable Privy Council The Humble Petition of George Carew Esq Administrator of the Goods and Chattels of