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A65983 Severall remarkable passages concerning the Hollanders since the death of Queene Elizabeth, untill the 25th of December, 1673 Some animadversions thereupon, in answere to a scandulous pamphlett called Englands appeale to the Parliament, from the private caball at white hall. With the continuation of the case between Sr. VVilliam Courten his heires and assignes and the East-India Company of the Netherlands, faithfully recollected by E.W. armig: and rendred into English, French, and Dutch, for satisfaction of his particular friends, in England, France, and the low countriers. E. W. 1673 (1673) Wing W21; ESTC R219253 71,264 105

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him or them that the said Ships Goods Wares Marchandizes or Money did belong to the States Generall or any of their Subjects as aforesaid That they shall be lawfull prize to the said Sir Edmond Turnor and George Carew their Executors Administrators and Assignes as aforesaid to retain and keep in their or any of their Possessions and to make sale and dispose thereof in open Markett or howsoever els to their and every of their best Advantage and Benefitt in as ample manner as at any time heretofore hath been accustomed by way of Reprisall and to have and enjoy the same as lawfull prize and as their own proper Goods so that neither Captain Master nor any of the Company that shall serve in his owne Person or shall promote and advance the said enterprise in manner an forme aforesaid shall in any manner of wise be reputed or challenged for any Offendor against any of Our Laws And that also it shall be lawfull for all manner of Persons as well Our Subjects as any other to buy the said Ships Goods and Marchandizes so taken and apprehended by the said Captains Masters and others and adjudged as aforesaid without any damage loss hinderance trouble molestation or incombrance to befall the said Buyers or any of them in as ample and lawfull manner as if the Ships Goods Wares and Marchandise had been come and gotten by the lawfull Traffique of Marchants or of just prises in the time of open Warr. Provided alwayes that all Ships Goods and Marchandise taken by virtue of this Our Commission shall be kept in safety and no part of them wasted spoyled or diminished or the Bulke thereof broken untill Judgement have first past as aforesaid That they are the Ships and Marchandises of the States Generall or some of their Subjects as aforesaid And if by colour of this Our Commission there shall be taken any Ships Goods or Marchandises of any of Our loving Subjects or the Subjects of any Prince or State in good League or Amity with Us except the States Generall or their Subjects as aforesaid and the Goods therein laden sold and embezelled or diminished or the bulke thereof broken in any Place before they shall be adjudged to belong to the States Generall or some of their subjects as aforesaid That then this Commission shall be of no sufficient Authority to take the said Ships Goods and Marchandises or to warrant or save harmles such as shall receive buy or intermedle therein but that both the prises so taken and the said Ships of Warr 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 untill the said Sir Edmond Turnor and George Carew their Executors Administrators and Assignes as aforesaid shall by vertue thereof have by force of Armes apprehended taken saised recovored and received from the said States Generall 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 Admiralty of all such Ships Goods Wares and Marchandises as shall be taken from the said States Generall or any of their subjects by vertue of this Commission or shall other wayes 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 Assignes as aforesaid Notwithstanding it so happen the present difference between Us and the States Generall depending upon generall Reprisalls may be agreed and composed and that in the interim a Peace good Correspondence may be renewed between Us and the said States Generall In which case nevertheless it 's 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 Generall but only in case of resistance and that after in cold bloud the subjects of the said States Generall if hurt or wounded shall be used with all convenient office of humanity and kindess And further Our will and pleasure is that although it shall happen that all hostility between Us and the States Generall and Our respective Subjects shall cease yet this Our Commissions shall remain and be in full force and power to the said Sir Edmond Turnor and George Carew their Executors Administrators and Assignes as aforesaid by vertue thereof to apprehend take and seize by force and Armes so many more of the said Ships and Coods of the States Generall or any of their said subjects as besides the said summ before mentioned shall cuntervaile satisfy and pay all such Costs and charges as the said Sir Edmond Turnor and George Carew their Executors Administrators or Assignes as aforesaid shall from to time make proof to have disbursed and paid towards the equipping manning paying furnishing and victualing of the said Ships so licenced and Authorised as aforesaid by this Our said Commission to be equipped manned paid furnished and victualled by the said Sir Edmond Turnor and Gegorge Carew their Exeecutors Administrators and Assignes as foresaid for the purpose aforesaid And Our will and pleasure is and We do hereby require Our Judge or Judges of Our High Court of Admiralty for the time being and all other Officers of the Admiralty and all other Our Judge or Judges Officers Ministers and Subjects whatsoever to be aiding and assisting to the said Sir Edmond Turnor and George Carew their Executors Administrators and Assignes as aforesaid in all points in the due Execution of this Our Royall Commission and to proceed to adjudication and adjudge all Ships Marchandises Monyes and Goods by vertue hereof to be taken according to Our Princely intention hereby signifyed and expressed and to take care that this Our Royall Commission be duely 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 Assignes as aforesaid In Witnesse whereof We have caused these Our Letters to be made Patents Witness Ourself at Westminster the 19. day of May in the 17. year of Our Reign BY THE KING TO make a retrospect into all the former proceedings of this case or to doubt the validity of the grant after all matters were brought into a solemne Act of Letters Patents under the great Seal of England were not only to question his Majesties Soveraigne Power and Prerogative Royall in the protection of his Subjects but to arraign the Judgements and opinions of all the Kings Ministers of State Judges and publike Persons that debated this business in Councells in Creatyes in Parliament and inferior Courts of Iudicature before this speciall Commission was granted As the King cannot be deceived in his grant so he cannot do his Subjects any wrong
the Year 1652. Hester White exhibited ●●r 〈◊〉 to the Magistrates of M●●●●burgh against Peter Boudaen to hav● an ac●●mpt of Iohn M●n●ys Estate out of ●●● generall B●●ks of the Trade that were kept by Sir Peter Courten Whereupon Mr. Boudaen exc●pted against her quality as Administratrix pretending that Administration was granted into her surrupticiously although he was 〈◊〉 cit●d and admonished to prove the pretended ●●ill of Mr. Money by wit●neses That he had ●●nt unto Sir William Courten to be r●gi●●r●d ●● 〈◊〉 Which he refused to do by Commission suffering administration to 〈◊〉 to Mr● White Yet the Magistrates of Mid●eburgh declared Mrs. White not receivable in her quality as yet which no Nation in the World e●●r ●●● the ●ik● in such Ca●es before Mrs. White being grieved th●r● t● appealed from the Sentence of the 〈◊〉 at 〈◊〉 to the Lords of the supr●am Court of Judicature at the 〈◊〉 were a●●●r ●o●● y●●r● 〈◊〉 and expen●es the s●pr●am Court gave S●nt●●●● on the 〈◊〉 of May 1657. That provided the said Peter Boudaen 〈◊〉 oblige himself to sati●fy all Pr●t●nders whether Creditors 〈◊〉 or others that might pretend to the Estate of John Money that th●n the Administratrix was not greived by the Sentence of the Magistrats of Midl●burgh But in case of refu●al they condemned him to d●posite all the Books of ac●●mpts papers and writings ●●●onging to the Partnership that the accompts might be stated accordingly However reserving such right as any person or persons might pretend to the validity or invalidity of the last Will and Testament of the said Iohn Money which was a di●●tory and imp●rtm●nt Sentence and not to the matter in ●ssue In the Year 1660. s●on after the King of great Brittains most happy restauration Letters of Administration of Sir William Courtens Estate with ●…ill annexed were granted to George Carew of Richmond in the County of Surrey 〈◊〉 ●by the consent of the grand child and Heire of the said Sir ●●illiam Courten who addressed himself in the year f●llowing to Mr. Boudaen Mr. Pergens and Mr. Goubard they being all then in the Hagu●● and 〈◊〉 th●m that the accompts of the Partnership might be ●etled for satisfaction of all Parties concerned especially the Orphants and ●●iddows unto whom Sir William Courten died ind●bt●d But Mr. Boudaen impertinently 〈◊〉 that he would do it provided Mr. Carew would give him 〈◊〉 ●● an●●●r ●●● demands to the Estate of Mr. Iohn Money whose Estate did not 〈◊〉 Boudaen but Mrs. White who is appointed Administratrix thereof as aforesaid and ●ath a suite depending in the high Court of Chanc●ry for the same by vertu● of her Letters of Administration In the Year 1662. George Carew in his quality as Administrator to Sir William Courten gave procuration unto Mr. Iames Bo●ve to question the said Peter Boudaen concerning the said accompts and to recover all such 〈◊〉 of money as should be found due unto Sir William Courtens Est●t● ●●hereupon Mr. Boeve i●sinuated his power and Authority unto the said Boudaen and in a friendly manner desired the ●ight of Sir Peter Courtens Books Papers and writings in his Custody relating to the said accompts that from thence the ball●nce might be made at a joint charge Yet Mr. Boudaen refused to com●ly therein Then Mr. Iames Boeve instituted an action before the Magistrates of Midleburgh on the 6. Sept●mber 1662. and concluded in his demand that Peter Boudaen should be ordered to give him free ●gr●ss and regress to the said Books Papers and writings or in case of refusall that he should be condemned to 〈◊〉 the said Books and writings into the S●cretary-office of the said Citty there to be insp●cted and the said accompts stated at a joint charge Whereupon the Magistrates of Midleburgh were pleased to i●●●st that Mr. Boeve should give cau●●●n for Costs Which was never demanded before in any Court of Judicature in such Cases of Partnership especially from Executors and Administrators that seek to be releived for their Testator● good● who are not by Law chargeable with Costs Nevertheless Mr. Bo●●e being a Burger there himselfe gave caution Then the Magistrates rejected it and demanded other caution presuming that he could find none of the Citty that were Zelanders who would be bayle which pro●ed ●o● accordingly and the Court refusing all English men the cause rested in 〈◊〉 ●u● But Pendente 〈◊〉 Mr. Boudaen died an● le●t h●● Son● and Daughter liable to answer the said accompts out of the real and personall Estate left unto them by Peter Boudaen and S●r● Peter Courten 〈◊〉 Mr. Carew addressed severall Letters to Mr. Peter Boudaen and Iohn Boudaen 〈◊〉 of the Sons of the said Peter Boudaen deceased and 〈…〉 to move them to 〈◊〉 the said accompts of the 〈◊〉 ●●●r●●●nt all further trouble and 〈◊〉 which still they refu●●●●● 〈…〉 a●● overture● in that kind both from Mr. Carew and ●●● 〈◊〉 Knowing that ●● being a st●ange● in Midleburgh and they 〈…〉 Magistrates there that Mr. Carew 〈◊〉 not expect any 〈◊〉 or 〈◊〉 ●●●r●●●● cause of action s●i●● remayn●s before the 〈◊〉 and 〈◊〉 of Midleburgh who r●f●s● to proceed thereupon Wherefore the said George Carew Appeal●s to the King of great Brittaigne ●●● Common Justi●e therein against that grand fraude and oppression of the H●●●anders and the Zelanders Against high way men and Pyrates Particular Persons may make some de●ence upon att●●q●●s by 〈◊〉 or f●ying but to ●all i●to the hands of unrightous ●en under an Arb●trary power is a m●st miserable greivance if there w●re not a●y protection to be ●ound fr●m those Pri●ces who ought t● vindi●ate th●ir Sub●ects interests in mainta●●●g the rights a●d prerogatives of their Crow●es Where invasions are made upon the Laws and Customes of Kingdomes noe man can be sa●e in his owne propert● Yett the●se Hollanders and 〈◊〉 those mi●crea●●s th●t have a ●ied frau●e to vyole●ce and one oppressio after another u●on all strangers● 〈◊〉 themselves now wit●●● the reach o● England Scotland France and Ireland they have 〈…〉 degenerated m●● to ap●eale v●to ●●● Parliament for them at 〈…〉 I leave the c●●es and ●●a●es ●● the Widd●●● a●d the ●atherless and the sadd 〈◊〉 of many 〈◊〉 wh●●● b●ead have bee● Laten soe many years by the Hollanders and Zelanders NOw I have given you some accompt of the Hollanders in their Empire their Goverment their practises and administration of Justice I shall breifly conclude with an Answere to their rayling appeale addressed in an English stile by their mereinary confederates under the Notion of Englands Appeale to the Parliament which is a strange Contradiction in itselfe The Parliament being the body representative of England whereof the King is the head And although that Dutch appeale from the sword be Answered generally in the premises yet I shall give some more p●rticular answeres to severall points for your further satisfaction in the conclusion Cardinall Nichelieu held it for a Maxime that a Soveraigne Prince hath noe Kindred ●oe neare unto him in