A brief remonstrance of the grand grievances and oppressions suffered by Sir William Courten and Sir Paul Pyndar, knts., deceased as also by their heirs, executors, administrators, and creditors : humbly represented to both Houses of Parliament, prorogued to 21 October 1680 : faithfully collected out of several courts of record, orders of counsel, and treaties of peace and common alliance : with several remarks thereupon for the improvement of naviagation, trade, and commerce / by John Brown.
         Brown, John, of London.
      
       
         
           1680
        
      
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             A brief remonstrance of the grand grievances and oppressions suffered by Sir William Courten and Sir Paul Pyndar, knts., deceased as also by their heirs, executors, administrators, and creditors : humbly represented to both Houses of Parliament, prorogued to 21 October 1680 : faithfully collected out of several courts of record, orders of counsel, and treaties of peace and common alliance : with several remarks thereupon for the improvement of naviagation, trade, and commerce / by John Brown.
             Brown, John, of London.
          
           [2], 24 p.
           
             [s.n.],
             London :
             1680.
          
           
             Reproduction of original in the Cambridge University Library.
          
        
      
    
     
       
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         eng
      
       
         
           Courten, William, -- Sir, 1572-1636.
           Courten, William, d. 1655.
           Pindar, Paul, -- Sir, 1565 or 6-1650.
           East India Company.
        
      
    
     
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           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
           of
           the
           Company
           ,
           where
           he
           died
           ,
           in
           the
           year
           1631
           ,
           at
           the
           House
           of
           the
           said
           
             Peter
             Boudaen
          
           ,
           before
           the
           Accompts
           were
           finish'd
           ,
           and
           left
           Sir
           
             William
             Courten
          
           and
           
             Peter
             Bondaen
          
           his
           Excecutors
           ,
           
           liable
           to
           pay
           the
           Debts
           of
           the
           Company
           ,
           due
           upon
           Bonds
           to
           divers
           persons
           in
           
             England
             ,
             Flanders
          
           ,
           and
           Brabant
           ,
           which
           were
           many
           and
           great
           .
        
         
           Sir
           
             William
             Courten
          
           ,
           by
           his
           second
           Wife
           the
           Daughter
           of
           Mr.
           
             Moses
             Tryan
          
           ,
           had
           one
           Son
           and
           three
           Daughters
           ,
           named
           
             William
             ,
             Hester
             ,
             Mary
          
           ,
           and
           Ann
           ,
           who
           were
           married
           into
           several
           Noble
           and
           Worthy
           Families
           ,
           
             (
             viz.
             )
             Hester
          
           intermarried
           with
           Sir
           
             Edward
             Littleton
          
           of
           Pilleton-Hall
           ,
           in
           the
           County
           of
           Stafford
           Barronet
           ;
           Ann
           intermarried
           with
           
             Essex
             Deverux
          
           of
           
             Leigh-Court
             ▪
          
           in
           the
           County
           of
           Worcester
           
             Esq
          
           after
           his
           decease
           ,
           with
           Sir
           
             Richard
             Knightly
          
           of
           Fausely
           in
           the
           County
           of
           
             Northampton
             ;
             Mary
          
           intermarried
           with
           Anthony
           Earl
           of
           Kent
           ;
           and
           William
           ,
           the
           Son
           and
           Heir
           ,
           intermarried
           with
           the
           Lady
           Catherine
           ,
           Daughter
           of
           Iohn
           late
           Earl
           of
           Bridgewater
           .
        
         
         
           After
           the
           decease
           of
           the
           two
           Partners
           aforesaid
           ,
           (
           both
           free
           Denizons
           of
           England
           )
           Sir
           
             William
             Courten
          
           endeavoured
           to
           settle
           the
           said
           Accompts
           ,
           and
           to
           call
           home
           the
           effects
           of
           his
           Estate
           out
           of
           the
           hands
           of
           
             Peter
             Boudaen
          
           Merchant
           at
           Middleburgh
           ,
           which
           could
           not
           be
           done
           by
           any
           means
           ,
           during
           the
           Life
           of
           Sir
           
             William
             Courten
          
           ,
           the
           Magistrates
           of
           Middleburgh
           having
           protected
           him
           from
           the
           ordinary
           course
           of
           Justice
           ,
           as
           they
           have
           done
           his
           Sons
           and
           Heirs
           ever
           since
           ,
           in
           several
           Suits
           depending
           ,
           to
           the
           Damage
           of
           Courten
           and
           his
           Creditors
           ,
           the
           Sum
           of
           123460
           l.
           Sterling
           and
           upwards
           ,
           as
           by
           the
           Ballance
           of
           the
           Books
           kept
           by
           Mr.
           
             Iohn
             Moncy
          
           in
           England
           ,
           appears
           .
        
         
           Sir
           
             Peter
             Courten
          
           and
           the
           said
           
             Peter
             Boudaen
          
           having
           qualified
           themselves
           to
           be
           Directors
           of
           the
           East
           and
           West-India
           Companies
           ,
           by
           purchasing
           many
           great
           original
           Actions
           in
           the
           Chambers
           at
           Middleburgh
           in
           Zealand
           ,
           with
           the
           very
           individual
           Monies
           gotten
           into
           their
           hands
           ,
           out
           of
           the
           proper
           Estates
           of
           Sir
           
             William
             Courten
          
           and
           his
           Creditors
           .
           The
           Magistrates
           of
           Holland
           and
           Zealand
           holding
           it
           for
           a
           Maxim
           ,
           that
           it
           would
           be
           of
           bad
           consequence
           to
           their
           State
           ,
           if
           they
           did
           not
           protect
           Strangers
           and
           their
           Goods
           against
           all
           other
           Forreign
           Invasions
           whatsoever
           .
        
         
           The
           like
           Protection
           the
           States
           of
           Holland
           have
           given
           to
           
             Iacob
             Pergens
          
           of
           Amsterdam
           ,
           by
           express
           Orders
           to
           the
           Courts
           of
           Iudicature
           at
           Amsterdam
           ,
           and
           the
           Hague
           ,
           that
           they
           should
           refuse
           English-men
           all
           the
           ways
           of
           Justice
           ,
           upon
           several
           Actions
           depending
           against
           the
           said
           Pergens
           ,
           for
           Monies
           gotten
           into
           his
           Possession
           upon
           several
           Trusts
           ,
           Letters
           of
           Attorney
           ,
           and
           private
           Contracts
           with
           
             William
             Courten
          
           
             Esq
          
           amounting
           to
           15000
           l.
           Sterling
           and
           upwards
           ;
           Even
           for
           which
           the
           said
           Pergens
           ,
           by
           his
           own
           Covenant
           had
           contracted
           to
           be
           accountable
           to
           the
           said
           Courten
           ,
           or
           his
           Assigns
           .
        
         
           This
           
             Iacob
             Pergens
          
           was
           born
           at
           Cologne
           in
           Germany
           ,
           bred
           up
           in
           London
           ,
           and
           made
           a
           free
           Denizon
           of
           England
           ,
           then
           ,
           upon
           his
           marriage
           with
           the
           Sister
           of
           
             Peter
             Boudaen
          
           became
           a
           Burgher
           of
           Middleburgh
           ,
           afterwards
           an
           Inhabitant
           at
           Amsterdam
           ,
           and
           one
           of
           the
           Directors
           of
           the
           West-India
           Company
           there
           ,
           who
           claims
           sometimes
           the
           priviledge
           of
           an
           English-man
           ,
           at
           other
           times
           of
           a
           German
           ;
           and
           ,
           as
           occasion
           offers
           ,
           he
           claims
           the
           priviledge
           of
           a
           Zealander
           ,
           and
           often
           times
           of
           a
           Citizen
           and
           Free-Burger
           of
           Amsterdam
           :
           and
           when
           he
           is
           impleaded
           at
           any
           other
           place
           ,
           his
           Exceptions
           are
           ,
           That
           he
           ought
           not
           to
           be
           sued
           in
           any
           place
           ,
           but
           only
           before
           his
           Competent
           Judges
           of
           Amsterdam
           ,
           where
           the
           Courts
           of
           Justice
           are
           closed
           up
           against
           all
           English-men
           that
           prosecute
           their
           rights
           against
           him
           .
        
         
           Sir
           
             William
             Courten
          
           ,
           in
           his
           particular
           Trade
           (
           distinct
           from
           the
           Company
           )
           having
           received
           several
           wrongs
           and
           injuries
           by
           the
           Spaniards
           ,
           procured
           Letters
           of
           Mart
           or
           Reprizals
           ,
           in
           the
           second
           year
           of
           the
           late
           King
           Charles
           ,
           to
           do
           himself
           Right
           and
           Justic
           ;
           and
           sent
           forth
           Captain
           
             Iohn
             Powel
          
           ,
           and
           
             Henry
             Powel
          
           his
           Brother
           ,
           with
           two
           Frigats
           ,
           well
           fitted
           aud
           equipped
           into
           the
           West-Indies
           ,
           who
           having
           discovered
           the
           
             Island
             of
             Barbadoes
          
           not
           inhabited
           by
           any
           people
           whatsoever
           ,
           landed
           there
           ,
           and
           made
           a
           survey
           of
           the
           Soil
           and
           Scituation
           ;
           and
           at
           their
           return
           perswaded
           Sir
           
             William
             Courten
          
           to
           fortifie
           and
           settle
           Plantations
           upon
           the
           said
           Island
           ;
           who
           did
           ,
           at
           his
           own
           proper
           Costs
           and
           Charges
           ,
           expend
           the
           Sum
           of
           28000
           l.
           Sterling
           in
           Building
           ,
           
           Plantations
           ,
           and
           Transporting
           Men
           ,
           Women
           ,
           and
           Servants
           .
           And
           being
           in
           quiet
           possession
           for
           the
           space
           of
           two
           years
           ,
           he
           procured
           a
           Grant
           under
           the
           Great
           Seal
           of
           
             England
             ,
             Tertio
             Caroli
             primi
          
           ,
           to
           the
           Earl
           of
           Pembroke
           and
           his
           certain
           Deputies
           ;
           for
           the
           Government
           thereof
           according
           to
           the
           Laws
           of
           England
           ,
           which
           subjected
           the
           same
           to
           the
           Dominion
           of
           the
           King
           ,
           but
           the
           Freehold
           and
           Soil
           ,
           by
           the
           Law
           and
           Original
           of
           all
           Propriety
           ,
           was
           rested
           in
           Sir
           
             William
             Courten
          
           and
           his
           Heirs
           for
           ever
           .
           Nevertheless
           ,
           Iames
           late
           Earl
           of
           Carlisle
           ,
           by
           colour
           of
           a
           pretended
           Grant
           ,
           as
           Lord
           Proprietor
           of
           the
           Caribee
           Islands
           ,
           in
           the
           year
           1628
           ,
           with
           his
           Complices
           ,
           Subjects
           of
           England
           ,
           enters
           the
           said
           Island
           by
           force
           of
           Arms
           ,
           and
           dispossessed
           the
           said
           Sir
           
             William
             Courten
          
           ,
           his
           Servants
           and
           Planters
           of
           their
           Fortifications
           ,
           Houses
           ,
           and
           Plantations
           ,
           and
           do
           still
           continue
           the
           possession
           thereof
           ,
           against
           all
           Justice
           and
           common
           Right
           ;
           many
           Families
           having
           raised
           themselves
           by
           the
           Fruits
           and
           profits
           of
           the
           said
           Island
           ,
           out
           of
           the
           ruins
           of
           Sir
           
             William
             Courten
          
           and
           his
           Creditors
           :
        
         
           In
           the
           year
           1632
           Sir
           
             William
             Courten
          
           having
           procured
           several
           Fishermen
           and
           their
           Families
           out
           of
           Holland
           and
           Zealand
           ,
           as
           also
           Net-makers
           and
           Ship-Carpenters
           ,
           for
           building
           Herring-Busses
           and
           Dogger-Boats
           .
           They
           were
           made
           free
           Denizens
           of
           England
           ,
           and
           dwelt
           in
           divers
           Towns
           adjacent
           to
           the
           Sea.
           Then
           several
           joynt
           Stocks
           were
           raised
           ,
           for
           incouraging
           the
           Herring-Fishing
           and
           Cod-Fishing
           upon
           the
           English
           Coasts
           .
           Whereupon
           the
           Hollanders
           and
           Zealanders
           ,
           under
           hand
           ,
           got
           Letters
           of
           Mart
           from
           the
           Spaniards
           ,
           
           and
           took
           the
           said
           English
           Busses
           and
           Doggers
           ,
           and
           procur'd
           them
           to
           be
           confiscated
           at
           Oast-End
           and
           Dunkirk
           ,
           under
           pretence
           they
           were
           Dutch
           Effects
           :
           And
           oftentimes
           fishing
           in
           company
           with
           the
           English
           ,
           would
           in
           the
           Night
           time
           cast
           great
           Stones
           into
           their
           Nets
           ,
           and
           spoil
           their
           whole
           Voyages
           for
           that
           season
           ;
           by
           which
           indirect
           practices
           the
           English
           were
           so
           discouraged
           ,
           that
           after
           the
           loss
           of
           above
           50000
           l.
           Sterling
           and
           upwards
           in
           the
           Enterprize
           (
           as
           appears
           by
           the
           Accompts
           of
           Sir
           
             William
             Courten
          
           and
           the
           other
           Treasurers
           )
           the
           whole
           undertaking
           was
           laid
           aside
           in
           Companies
           ,
           to
           the
           great
           Damage
           and
           Dishonour
           of
           the
           King
           and
           Kingdom
           .
        
         
           That
           the
           late
           King
           Charles
           ,
           
           in
           the
           11th
           .
           year
           of
           his
           Reign
           ,
           together
           with
           several
           Lords
           of
           the
           Council
           ,
           perswaded
           the
           said
           Sir
           
             William
             Courten
          
           to
           undertake
           Trading
           Voyages
           to
           China
           and
           Iapan
           ;
           and
           for
           that
           purpose
           ,
           granted
           him
           ,
           and
           others
           in
           Company
           with
           him
           ,
           a
           new
           Charter
           for
           an
           East-India
           Trade
           ,
           in
           the
           year
           1635.
           
           Then
           Sir
           
             Paul
             Pyndar
          
           ,
           being
           a
           man
           of
           a
           publick
           Spirit
           ,
           was
           moved
           by
           the
           King
           to
           furnish
           and
           advance
           the
           Sum
           of
           36000
           l.
           to
           Sir
           
             William
             Courten
          
           in
           the
           first
           Expedition
           ;
           for
           which
           he
           had
           assignments
           upon
           several
           Ships
           .
           The
           Hollanders
           then
           finding
           that
           it
           might
           hinder
           their
           Commerce
           ,
           obstructed
           them
           in
           the
           said
           Voyages
           ,
           under
           pretence
           that
           they
           traded
           with
           the
           Portugals
           ,
           their
           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
           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
           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
           English
           Ships
           Sailing
           directly
           from
           several
           Ports
           of
           England
           for
           Antwerp
           ,
           were
           stopt
           by
           a
           Man
           of
           War
           ,
           lying
           over
           against
           the
           Fort
           at
           Lillo
           ,
           some
           of
           them
           being
           Laden
           with
           
             New-Castle
             Coles
          
           ,
           (
           although
           the
           Masters
           offered
           to
           pay
           what
           Tolls
           or
           Customs
           were
           reasonable
           ,
           but
           all
           would
           not
           serve
           their
           turn
           ,
           )
           the
           Ships
           were
           forced
           to
           go
           back
           again
           to
           Flushing
           ,
           or
           Roterdam
           ,
           and
           there
           to
           unlade
           and
           pay
           the
           Duties
           of
           those
           Ports
           ,
           besides
           all
           petty
           Charges
           ,
           and
           then
           constrained
           to
           lade
           them
           in
           small
           Dutch-Roats
           ,
           and
           to
           pay
           them
           Fraight
           at
           their
           own
           Prices
           ,
           besides
           other
           Charges
           at
           Lillo
           ,
           and
           also
           at
           the
           
             Spanish
             Fort
          
           of
           St.
           Mary
           ,
           to
           the
           intolerable
           Expence
           and
           Burthen
           of
           His
           Majesties
           Subjects
           ,
           although
           the
           River
           ought
           to
           be
           free
           by
           the
           very
           Words
           of
           Stipulation
           ,
           in
           the
           said
           Treaty
           Marine
           ;
           for
           all
           English
           Ships
           of
           any
           Burthen
           ,
           being
           one
           of
           the
           best
           Navigable
           Rivers
           in
           the
           World
           ;
           A
           Ship
           Laden
           with
           400
           Tunn
           of
           Goods
           ,
           being
           passable
           to
           the
           Port
           of
           Antwerp
           at
           low
           Water
           .
           In
           this
           River
           the
           
             Dutch
             Seamen
          
           were
           lately
           so
           bold
           ,
           to
           Attaque
           a
           Vessel
           wherein
           Sir
           
             Lyonel
             Ienkins
          
           comming
           from
           Nimegen
           ,
           was
           Imbarqued
           for
           England
           ,
           from
           the
           City
           of
           Antwerp
           ,
           presuming
           to
           demand
           Custom
           for
           Goods
           therein
           ,
           as
           of
           all
           other
           Ships
           passing
           through
           that
           Navigable
           River
           .
        
         
           So
           that
           all
           the
           Material
           Demands
           in
           Agitation
           at
           Cologne
           Anno
           1673
           ,
           viz
           :
           the
           regulation
           of
           Trade
           in
           the
           East-Indies
           ,
           settling
           the
           Freedom
           of
           Navigation
           in
           Europe
           ,
           the
           Arrears
           for
           Fishing
           upon
           the
           English
           Coast
           ,
           and
           ascertaining
           a
           settled
           Revenue
           ,
           to
           the
           Crown
           out
           of
           every
           Buss
           and
           
             Dogger
             Boat
          
           for
           that
           liberty
           hereafter
           ,
           and
           even
           the
           Reparations
           for
           Courtens
           Debts
           ,
           and
           Damages
           ,
           remains
           in
           
             sttatu
             quo
          
           ,
           unsettled
           ;
           The
           States
           of
           Holland
           falsly
           pretending
           ,
           that
           their
           Friends
           in
           the
           House
           of
           Commons
           would
           not
           have
           those
           points
           insisted
           upon
           by
           the
           King.
           
        
         
           In
           the
           Year
           1677.
           
           Several
           of
           the
           Proprietors
           ,
           Creditors
           ,
           and
           others
           Interested
           ,
           made
           fresh
           Applications
           to
           the
           King
           and
           Councel
           ,
           to
           be
           Heard
           ,
           and
           Relieved
           in
           the
           Premises
           ,
           and
           their
           former
           Complaints
           .
           Whereupon
           these
           two
           following
           Orders
           of
           the
           Councel-Table
           were
           made
           .
        
         
           
             
               
                 
                   At
                   the
                   Court
                   at
                   White-Hall
                   
                     the
                     24
                     th
                     .
                     of
                     Iuly
                     1677.
                     
                  
                
                 
                   By
                   the
                   Kings
                   Most
                   Excellent
                   Majesty
                   ,
                   and
                   the
                   Lords
                   of
                   His
                   Majesties
                   Most
                   Honourable
                   Privy
                   Council
                   .
                
                 
                   UPon
                   the
                   humble
                   Petition
                   of
                   
                     Thomas
                     Kynaston
                  
                   Merchant
                   ,
                   
                     George
                     Porter
                  
                   
                     Esq
                  
                   Son
                   and
                   Heir
                   of
                   
                     Endimion
                     Porter
                  
                   
                     Esq
                  
                   and
                   
                     Thomas
                     Tounsend
                  
                   
                     Esq
                  
                   Adventurers
                   in
                   the
                   joynt
                   stock
                   with
                   Sir
                   
                     William
                     Courten
                  
                   ,
                   to
                   the
                   
                     East-Indies
                     ,
                     George
                     Carew
                  
                   
                     Esq
                  
                   Administrator
                   of
                   Sir
                   
                     William
                     Courten
                  
                   ,
                   and
                   Sir
                   
                     Paul
                     Pindar
                     ,
                     Charles
                  
                   Earl
                   of
                   Shrewsbury
                   ,
                   Sir
                   
                     Thomas
                     Meers
                  
                   Rt.
                   Executor
                   of
                   Sir
                   
                     Erasmus
                     de
                     la
                     Fountain
                  
                   Rt.
                   deceased
                   ,
                   
                     George
                     Cole
                     ,
                     Thomas
                     Coppin
                  
                   ,
                   and
                   
                     Charles
                     Whitaker
                  
                   .
                   
                     Esqs
                  
                   on
                   the
                   behalf
                   of
                   themselves
                   and
                   others
                   ,
                   with
                   many
                   Orphans
                   and
                   Widows
                   ,
                   Creditors
                   of
                   
                   Sir
                   
                     William
                     Courten
                  
                   ,
                   and
                   his
                   Son
                   ,
                   and
                   Sir
                   
                     Edward
                     Littleton
                  
                   ,
                   and
                   the
                   late
                   Earl
                   of
                   Bridgewater
                   deceased
                   .
                   Praying
                   that
                   they
                   may
                   be
                   heard
                   at
                   this
                   Board
                   ,
                   upon
                   their
                   former
                   Petition
                   ,
                   setting
                   forth
                   their
                   great
                   losses
                   and
                   damages
                   ,
                   sustained
                   by
                   the
                   East-India
                   Company
                   of
                   the
                   Netherlands
                   ,
                   by
                   reason
                   of
                   their
                   violent
                   Depredation
                   ,
                   upon
                   the
                   two
                   Ships
                   ,
                   the
                   
                     Bona
                     Esperanza
                  
                   ,
                   and
                   the
                   
                     Henry
                     Bonadventura
                  
                   .
                   His
                   Majesty
                   was
                   pleased
                   to
                   appoint
                   Wednesday
                   the
                   
                     10
                     th
                     .
                  
                   of
                   October
                   next
                   ,
                   for
                   hearing
                   the
                   Petitioners
                   by
                   themselves
                   ,
                   or
                   their
                   Council
                   Learned
                   ,
                   upon
                   the
                   matter
                   of
                   their
                   said
                   former
                   Petition
                   .
                   At
                   which
                   time
                   all
                   Parties
                   concerned
                   are
                   to
                   give
                   their
                   attendance
                   .
                
                 
                   
                     JOHN
                     NICHOLAS
                     .
                  
                
              
               
                 
                   At
                   the
                   Court
                   at
                   White-Hall
                   
                     the
                     24
                     th
                     .
                     of
                     Iuly
                     1677.
                     
                  
                
                 
                   By
                   the
                   Kings
                   Most
                   Excellent
                   Majesty
                   ,
                   and
                   the
                   Lords
                   of
                   His
                   Majesties
                   Most
                   Honourable
                   Privy
                   Council
                   .
                
                 
                   UPon
                   the
                   Humble
                   Petition
                   of
                   
                     George
                     Carew
                  
                   
                     Esq
                  
                   Administrator
                   of
                   the
                   Goods
                   and
                   Chattels
                   of
                   Sir
                   
                     William
                     Courten
                  
                   ,
                   and
                   Sir
                   
                     Paul
                     Pyndar
                  
                   ,
                   Sir
                   
                     Thomas
                     Meers
                  
                   ,
                   Kt.
                   Executor
                   of
                   Sir
                   
                     Erasmus
                     de
                     la
                     Fountain
                     ,
                     Thomas
                     Coppin
                     ,
                     Gilberd
                     Crouch
                     ,
                  
                   and
                   
                     William
                     Hinton
                  
                   
                     Esq
                  
                   
                     Valentina
                     Bazilla
                     Loyd
                  
                   ,
                   Executrix
                   of
                   Sir
                   
                     Peter
                     Vanloar
                  
                   ,
                   and
                   
                     Elizabeth
                     Bartlet
                  
                   Widows
                   ,
                   
                     Mark
                     Fletcher
                  
                   ,
                   and
                   
                     Thomas
                     Carter
                  
                   Merchants
                   ,
                   on
                   the
                   behalf
                   of
                   themselves
                   and
                   many
                   Hundreds
                   of
                   His
                   Majesties
                   Subjects
                   of
                   England
                   herein
                   concerned
                   ,
                   setting
                   forth
                   the
                   Sinister
                   Practices
                   used
                   by
                   
                     Peter
                     Boudaen
                  
                   of
                   Middleburgh
                   Merchant
                   :
                   Nephew
                   and
                   sole
                   Executor
                   of
                   Sir
                   
                     Peter
                     Courten
                  
                   ,
                   in
                   Possessing
                   himself
                   of
                   the
                   Estate
                   ,
                   Real
                   and
                   Personal
                   of
                   the
                   said
                   Sir
                   Peter
                   ;
                   avoiding
                   to
                   come
                   to
                   any
                   Accompt
                   for
                   the
                   same
                   ,
                   and
                   obstructing
                   the
                   ordinary
                   Court
                   of
                   Iustice
                   during
                   his
                   life
                   ,
                   as
                   his
                   Sons
                   and
                   Heirs
                   have
                   since
                   done
                   ;
                   whereby
                   the
                   due
                   Administration
                   of
                   Iustice
                   hath
                   been
                   often
                   denied
                   ,
                   and
                   the
                   Iudicial
                   Acts
                   and
                   Decrees
                   of
                   the
                   Prerogative
                   Court
                   ,
                   and
                   High
                   Court
                   of
                   Chancery
                   in
                   this
                   Kingdom
                   ,
                   slighted
                   and
                   contemn'd
                   in
                   the
                   ordinary
                   Courts
                   of
                   Iudicature
                   in
                   Holland
                   ,
                   and
                   Zealand
                   ;
                   Whereby
                   Order
                   from
                   the
                   States
                   in
                   the
                   year
                   1676.
                   
                   Iustice
                   was
                   positively
                   denied
                   the
                   Petitioners
                   to
                   the
                   great
                   Oppression
                   of
                   them
                   ,
                   and
                   of
                   many
                   Orphans
                   and
                   Widows
                   ,
                   claiming
                   the
                   Effects
                   ,
                   and
                   Sir
                   
                     William
                     Courten's
                  
                   Estate
                   and
                   his
                   Sons
                   ,
                   as
                   also
                   of
                   Mr.
                   
                     John
                     Moncy's
                  
                   and
                   Sir
                   
                     Paul
                     Pyndars
                  
                   ,
                   gotten
                   into
                   the
                   Hands
                   of
                   the
                   said
                   
                     Boudaen
                     Pergens
                  
                   ,
                   and
                   others
                   ,
                   Inhabitants
                   of
                   Amsterdam
                   ,
                   and
                   Middelburgh
                   ,
                   to
                   the
                   value
                   of
                   two
                   hundred
                   and
                   fifty
                   thousand
                   pounds
                   .
                   And
                   therefore
                   praying
                   that
                   speedy
                   satisfaction
                   may
                   be
                   required
                   from
                   the
                   Embassadour
                   Extraordinary
                   of
                   the
                   
                     States
                     General
                  
                   ,
                   or
                   that
                   Commissioners
                   on
                   either
                   side
                   may
                   be
                   forthwith
                   named
                   to
                   inspect
                   the
                   Accompts
                   ,
                   between
                   both
                   Parties
                   ,
                   and
                   determine
                   the
                   same
                   according
                   to
                   Right
                   .
                   His
                   Majesty
                   was
                   pleased
                   to
                   appoint
                   Wednesday
                   the
                   
                     10
                     th
                     .
                  
                   of
                   October
                   next
                   ,
                   for
                   hearing
                   the
                   Petitioners
                   at
                   the
                   Board
                   ,
                   concerning
                   this
                   business
                   ;
                   at
                   which
                   time
                   the
                   Parties
                   concerned
                   ,
                   are
                   to
                   give
                   their
                   attendance
                   ,
                   and
                   bring
                   their
                   Council
                   Learned
                   ,
                   if
                   they
                   please
                   .
                
                 
                   
                     JOHN
                     NICHOLAS
                     .
                  
                
              
            
          
        
         
         
           AFter
           two
           of
           the
           Petitioners
           ,
           with
           a
           Friend
           of
           theirs
           ,
           Addressed
           themselves
           to
           
             Mons.
             Van
             Beuninghen
          
           the
           Dutch
           Ambassador
           ,
           at
           his
           House
           in
           Westminster
           ,
           with
           Authentique
           Copies
           of
           the
           said
           Orders
           ,
           under
           the
           Seal
           of
           the
           Office
           ;
           Desiring
           that
           his
           Excellency
           would
           take
           notice
           thereof
           ,
           and
           make
           any
           defence
           at
           the
           Council
           Table
           ,
           by
           his
           Advocates
           if
           he
           pleased
           ;
           Whereupon
           after
           he
           and
           his
           Secretary
           had
           perused
           the
           same
           ,
           his
           Excellency
           toar
           the
           Orders
           in
           Pieces
           ,
           and
           gave
           the
           Petitioners
           very
           Menacing
           Language
           ,
           and
           so
           parted
           out
           of
           his
           Anti-chamber
           .
        
         
           Then
           some
           of
           the
           Creditors
           ,
           who
           thought
           they
           had
           done
           a
           kindness
           to
           the
           Ambassador
           ,
           by
           sending
           him
           timely
           notice
           ,
           caused
           the
           said
           Order
           of
           Councel
           to
           be
           Printed
           ,
           with
           the
           Embssadors
           Deportment
           underneath
           ,
           and
           sent
           him
           the
           same
           in
           a
           Letter
           ;
           who
           thereupon
           gave
           in
           a
           long
           Memorial
           on
           the
           12th
           .
           of
           September
           1677.
           in
           French
           to
           the
           King
           ,
           Complaining
           that
           three
           Persons
           had
           highly
           Affronted
           him
           ,
           by
           leaving
           a
           Citation
           with
           him
           ,
           to
           appear
           before
           the
           Council
           Table
           ,
           on
           the
           10th
           .
           of
           October
           following
           ;
           Alledging
           in
           his
           said
           Memorial
           ,
           that
           it
           was
           a
           proceeding
           of
           a
           very
           high
           nature
           ,
           (
           the
           most
           Injurious
           violation
           of
           the
           Respects
           to
           the
           most
           Sacred
           Laws
           of
           Nations
           )
           and
           prayed
           Reparations
           proportionable
           to
           the
           Grandeur
           of
           so
           outragious
           and
           publique
           Offence
           ;
           And
           moreover
           ,
           that
           His
           Majesty
           would
           oblige
           the
           Interested
           Persons
           ,
           to
           wave
           all
           their
           said
           demands
           ,
           as
           Mortified
           and
           Extinguished
           pretences
           ,
        
         
           It
           was
           a
           grand
           Mistake
           in
           his
           Excellency
           ,
           after
           all
           his
           Rodomontadoes
           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
                   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
           Ravon
           who
           obtained
           several
           Sentences
           and
           Executions
           thereupon
           :
           The
           like
           at
           Amsterdam
           at
           the
           Suit
           of
           Sir
           
             Richard
             Ford
          
           ,
           upon
           Actions
           for
           Assurance
           ,
           depending
           before
           and
           after
           the
           Treaty
           ;
           Likewise
           upon
           several
           Actions
           depending
           at
           Midleburgh
           ,
           against
           
             Peter
             Boudean
          
           and
           his
           Heirs
           ,
           at
           the
           Suit
           of
           
             George
             Carew
          
           ,
           upon
           Merchants
           accompts
           as
           aforesaid
           ,
           and
           Legacies
           ;
           whereupon
           Boudaens
           Exceptions
           were
           over-ruled
           by
           the
           Magistrates
           and
           Iudges
           there
           ,
           in
           the
           year
           1675.
           and
           Sentence
           given
           ,
           that
           the
           Defendants
           Boudaens
           should
           positively
           Answer
           to
           several
           Charges
           ,
           in
           the
           said
           Plaintiff
           Carew's
           Bill
           ,
           which
           they
           had
           delayed
           so
           many
           years
           together
           .
        
         
           And
           by
           a
           later
           President
           in
           Amsterdam
           ,
           upon
           two
           several
           Actions
           brought
           against
           
             George
             Carew
          
           ,
           in
           the
           year
           1676.
           at
           the
           Suit
           of
           
             Paulus
             Buys
          
           an
           Advocate
           ,
           and
           
             Arnold
             Vingbooms
          
           ,
           a
           Proctor
           of
           the
           said
           
             City
             .
             Buys
          
           for
           113
           Gilders
           and
           a
           11
           Stivers
           ,
           and
           Vingbooms
           ,
           for
           51
           Gilders
           and
           18
           Stivers
           ,
           for
           Fees
           and
           Salaries
           ,
           in
           a
           Cause
           Renvoyed
           from
           the
           Hague
           ,
           (
           depending
           many
           years
           before
           the
           Treaty
           against
           
             Jacob
             Pergens
          
           upon
           an
           obligation
           for
           3000
           l.
           Lent
           by
           Sir
           
             William
             Courten
          
           )
           unto
           which
           Actions
           of
           Buys
           ,
           and
           Vingbooms
           ,
           the
           said
           Carew
           having
           appeared
           by
           
             Alexander
             Rynd
          
           his
           Proctrr
           :
           The
           Escheevens
           or
           Judges
           there
           ,
           viz.
           
        
         
           
             Mr.
             David
             de
             Wilhem
             ,
          
           
             Hendrick
             Becker
             .
          
           
             Mr.
             Cornelis
             Cloeck
             .
          
           
             Joan
             Appelman
             :
          
           
             Mr.
             Everart
             Scott
             de
             Jonge
             .
          
           
             Dr.
             Dirk
             Boelensz
             .
          
           
             Lieve
             van
             Loon.
             
          
           
             Jan
             van
             Dijck
             .
          
           
             Mr.
             Jacob
             Popta
             .
          
        
         
           GAVE
           Sentence
           against
           the
           said
           Carew
           ,
           for
           the
           said
           Monies
           and
           Costs
           ,
           which
           were
           Levied
           by
           Execution
           upon
           the
           said
           Carew
           accordingly
           ,
           as
           by
           the
           Proceedings
           in
           the
           said
           Court
           at
           Amsterdam
           appears
           .
           Notwithstanding
           at
           the
           same
           time
           the
           said
           Iudges
           were
           daily
           Sollicited
           to
           Pronounce
           Sentence
           against
           the
           said
           Pergens
           ,
           in
           the
           Original
           Action
           (
           which
           they
           refused
           to
           do
           ,
           )
           upon
           the
           said
           Obligation
           ;
           in
           which
           Cause
           the
           said
           Fees
           and
           Salories
           ,
           were
           recovered
           by
           Buys
           and
           Vingbooms
           ,
           and
           also
           upon
           his
           Covenant
           for
           5500.
           
           Sterling
           ,
           with
           Dammages
           in
           another
           Action
           brought
           in
           the
           same
           year
           1676.
           against
           the
           said
           Pergens
           ,
           by
           
             Mark
             Fletcher
             Merchant
          
           ,
           for
           Monies
           received
           by
           Pergens
           in
           trust
           for
           Mr.
           Courten
           and
           his
           Assigns
           ,
           but
           the
           said
           Iudges
           possitively
           denied
           to
           pronounce
           any
           Sentence
           thereupon
           ;
           in
           regard
           the
           
             States
             of
             Holland
          
           ,
           (
           at
           Pergen
           his
           request
           ,
           )
           had
           by
           Express
           Order
           as
           aforesaid
           ,
           Dated
           the
           10th
           .
           of
           September
           1676.
           
           Peremptorily
           Prohibited
           them
           from
           doing
           any
           Iustice
           therein
           ,
           Alledging
           ,
           that
           moving
           upon
           the
           said
           Actions
           ,
           and
           Pretences
           ,
           were
           publick
           Breaches
           of
           the
           Peace
           ,
           concluded
           in
           the
           year
           1667.
           and
           1674
           ,
           And
           so
           the
           said
           causes
           remained
           in
           
             Statu
             quo
          
           ever
           since
           upon
           the
           said
           Extrajudicial
           Order
           .
           The
           
           said
           Boudaens
           having
           also
           taken
           advantage
           thereof
           ,
           contrary
           to
           all
           Equity
           ,
           Reason
           ,
           and
           good
           Conscience
           ;
           and
           even
           to
           the
           Presidents
           of
           their
           own
           Courts
           of
           Iustice
           :
           Which
           were
           no
           small
           Reflections
           upon
           the
           great
           Interest
           of
           His
           Majesties
           Honour
           ,
           and
           the
           Reputation
           of
           his
           Kingdoms
           and
           Dominions
           ,
           being
           taken
           notice
           of
           by
           all
           Forraign
           Ministers
           at
           the
           Hague
           ,
           and
           Merchants
           of
           other
           Nations
           ,
           Resident
           in
           Amsterdam
           .
        
         
           It
           's
           remarkable
           that
           the
           greatest
           Ministers
           of
           State
           ,
           are
           subject
           to
           gross
           Errors
           and
           Mistakes
           ;
           for
           that
           in
           the
           first
           Proclamation
           Dated
           the
           10th
           .
           of
           August
           1666.
           
           Mentioned
           in
           the
           Order
           aforesaid
           ;
           it
           's
           recited
           in
           the
           said
           Proclamation
           ,
           that
           divers
           great
           and
           Notable
           Misdemeanours
           were
           committed
           by
           Sir
           
             Edmond
             Turnor
          
           ,
           and
           
             George
             Carew
          
           ,
           and
           their
           Assigns
           ;
           And
           in
           the
           Month
           of
           September
           following
           ,
           by
           an
           Order
           of
           the
           Council-Board
           ,
           Sir
           
             Edmond
             Turnor
          
           was
           Cleared
           ,
           as
           a
           Person
           never
           Acting
           in
           the
           said
           Commission
           ,
           his
           name
           being
           used
           only
           in
           Trust
           ,
           and
           that
           Mr.
           Carew
           as
           Administrator
           and
           Assignee
           of
           Sir
           
             William
             Courten
          
           and
           others
           ,
           solely
           prosecuted
           that
           Affair
           ;
           and
           so
           Sir
           
             Edmond
             Turnors
          
           Innocency
           appeared
           ,
           upon
           hearing
           the
           matters
           of
           Fact
           ,
           contained
           in
           his
           Petition
           ;
           And
           after
           they
           had
           Proclaimed
           him
           Guilty
           ,
           (
           without
           calling
           him
           to
           Answer
           for
           himself
           ,
           )
           it
           was
           Published
           in
           the
           
             London
             Gazet
          
           ,
           for
           an
           unadvized
           Resolution
           ;
           or
           a
           hasty
           Mistake
           .
        
         
           Memorandum
           ,
           That
           Sir
           
             Ieffery
             Palmer
          
           who
           was
           Directed
           to
           make
           a
           Draught
           of
           the
           said
           Proclamation
           ;
           refused
           to
           do
           it
           ,
           so
           then
           Sir
           
             Heneage
             Finch
          
           ,
           Sollicitor
           General
           (
           for
           the
           time
           being
           )
           very
           Readily
           and
           Officiously
           did
           the
           same
           .
        
         
           
             Some
             further
             Reasons
             and
             Arguments
             ,
             Offered
             in
             Defence
             of
             the
             Administrators
             ,
             Assignees
             ,
             and
             Creditors
             of
             Sir
             VVILLIAM
             COURTEN
             ,
             and
             Sir
             PAUL
             PYNDAR
             .
          
           
             
               QUeen
               Elizabeth
            
             gave
             it
             in
             Charge
             to
             all
             her
             Ministers
             of
             State
             ,
             that
             they
             should
             have
             a
             care
             of
             Her
             Honour
             ,
             which
             She
             held
             as
             a
             Iewel
             so
             Incomparable
             ,
             that
             nothing
             was
             esteemed
             more
             sacred
             in
             Her
             Eyes
             ,
             then
             Her
             Honour
             and
             Reputation
             .
             If
             any
             Person
             should
             now
             question
             the
             Legallity
             ,
             the
             Iustice
             ,
             or
             the
             Equity
             of
             the
             Kings
             Grant
             ,
             under
             those
             Conditions
             and
             Limitations
             in
             the
             Letters
             Patents
             for
             Reprizals
             contained
             ;
             they
             would
             not
             only
             Arraign
             the
             Wisdom
             and
             Iudgment
             of
             the
             most
             Reverend
             and
             Learned
             Ministers
             and
             Officers
             of
             State
             ,
             and
             Trust
             in
             the
             Kingdom
             ,
             under
             whose
             hands
             the
             Grant
             Passed
             ;
             but
             lessen
             the
             Kings
             Prerogative-Royal
             ,
             in
             the
             Protection
             of
             his
             Subjects
             .
          
           
             The
             Acts
             of
             Parliament
             expressly
             Declaring
             ,
             that
             the
             Injured
             Persons
             shall
             have
             the
             Law
             of
             Marque
             without
             Fraud
             or
             delay
             ;
             the
             
               Hollanders
               ,
               Zealanders
            
             and
             other
             Merchants
             Strangers
             ,
             having
             Complained
             of
             the
             old
             Law
             ;
             and
             craved
             Exemptions
             from
             the
             Writ
             in
             the
             Register
             following
             in
             these
             words
             .
          
           
             REX
             Ballivis
             villae
             de
             Lenn
             .
             Episcopi
             salutem
             ,
             
             Ex
             gravi
             querela
             dilecti
             nobis
             S.
             accepimus
             ,
             
             quod
             cum
             ipse
             nuper
             apud
             C.
             partibus
             de
             Spinia
             in
             villa
             de
             C.
             causa
             Mercandisandi
             moram
             traxisset
             ,
             &
             Bona
             &
             Cattalla
             ad
             valentiam
             centum
             librarum
             emisset
             .
             I.
             &
             T.
             &
             alii
             malefactores
             dictae
             Villae
             mercatores
             de
             dictis
             partibus
             de
             S.
             praefatum
             S.
             apud
             dictam
             Villam
             de
             S.
             vi
             &
             armis
             ceperunt
             &
             imprisonaverunt
             &
             bona
             &
             cattalla
             sua
             praedicta
             ab
             eo
             abstulerunt
             ,
             &
             alia
             ,
             &c.
             ei
             intulerunt
             *
             contra
             legem
             &
             rationem
             ,
             in
             ipsius
             S.
             damnum
             non
             modicum
             &
             depauperationem
             manifestam
             .
             Et
             licet
             idem
             S.
             adsumptus
             non
             modicos
             penes
             Dominos
             partium
             illarum
             fuerit
             prosecutus
             pro
             justitia
             super
             transgressionibus
             praedictis
             habend
             .
             ipse
             tamen
             non
             potest
             Justitiam
             inde
             obtinere
             ,
             sicut
             per
             quosdam
             fide
             dignos
             ,
             qui
             tunc
             temporis
             in
             dictis
             partibus
             extiterunt
             ,
             coram
             nobis
             est
             testificatum
             ,
             super
             quo
             nobis
             supplicavit
             ut
             sibi
             de
             remedio
             providere
             faciamus
             .
             Nos
             ad
             testimonium
             praedictum
             considerationem
             habentes
             ,
             nec
             non
             injuriore
             de
             pauperationi
             ipsius
             S.
             compatientes
             in
             hac
             parte
             ;
             vobis
             mandamus
             ,
             sicut
             alias
             mandavimus
             ,
             quod
             corpora
             praedictorum
             T.
             &
             I.
             si
             ipsi
             seu
             eorum
             aliquis
             in
             praedicta
             villa
             de
             Lenn
             :
             inventi
             fuerint
             ,
             nec
             non
             bona
             &
             cattalla
             ,
             ad
             valencia
             quadraginta
             librarum
             quam
             citius
             
             ibidem
             inventa
             fuerint
             arrestari
             ,
             &
             sub
             arresto
             salvo
             custodiri
             fac
             quousque
             praedicto
             S.
             de
             transgressione
             praedicta
             ,
             ac
             de
             damnis
             &
             de
             perditis
             quae
             occasione
             praedicta
             sustinuit
             ,
             fuerit
             satisfactum
             .
             Mandavimus
             etiam
             ,
             ballivis
             villarum
             magnae
             Yernemouth
             ,
             quod
             ipsi
             ad
             valentiam
             quadraginta
             librarum
             de
             bonis
             &
             cattalis
             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
             Godileive
             of
             Brugit
             ;
             under
             the
             Colour
             of
             
               Iacob
               Neitz
               ,
               Andreas
               Vanden
               Bogaerd
               ,
               Michael
               Vander
               Plancken
               ,
            
             Merchants
             of
             Brugis
             ,
             and
             others
             ,
             as
             owners
             upon
             a
             Voyage
             to
             France
             for
             Wine
             ,
             Brandy
             ,
             and
             Salt.
             Captain
             
               Tyrence
               Byrne
            
             Commander
             of
             a
             small
             Frigat
             named
             the
             Royal
             ,
             having
             a
             Commission
             from
             the
             said
             
               George
               Carew
            
             ,
             persuant
             to
             the
             Letters
             Patents
             aforesaid
             ,
             for
             Reprizals
             against
             the
             Dutch
             ,
             Seized
             the
             said
             Ship
             near
             Port-land
             Bayin
             the
             Month
             of
             Iuly
             1666.
             
             Laden
             with
             Wine
             Salt
             and
             other
             Goods
             from
             France
             ,
             bound
             for
             Amsterdam
             as
             by
             the
             Bills
             of
             Lading
             appeared
             .
          
           
             The
             Master
             and
             Seamen
             being
             Examined
             by
             Mr.
             Exton
             the
             Mayor
             ,
             and
             other
             Magistrates
             of
             Chichester
             ,
             upon
             a
             Commission
             sent
             by
             Mr.
             Suckling
             ,
             out
             of
             the
             Admiralty
             Court
             ,
             at
             the
             instance
             of
             
               Ionathan
               Frost
            
             ,
             part
             owner
             of
             the
             Royal
             Frigat
             ,
             the
             whole
             Ships
             Company
             confessed
             themselves
             to
             be
             Hollanders
             ,
             and
             Zealanders
             Born
             ,
             that
             the
             Ship
             was
             taken
             by
             
               de
               Ruiter
            
             under
             the
             circumstances
             aforesaid
             ,
             and
             that
             they
             were
             bound
             for
             Amsterdam
             ,
             the
             Goods
             being
             Assigned
             to
             Merchents
             there
             .
             Whereupon
             
               Sir
               Lyonell
               Ienkins
            
             decreed
             ,
             that
             there
             was
             good
             cause
             of
             Seizure
             ,
             and
             condemned
             the
             pietended
             owners
             of
             the
             said
             Ship
             Godileive
             in
             Expences
             but
             in
             regard
             one
             
               Peter
               Gerrard
            
             a
             French-man
             appeared
             by
             Mr.
             Francklin
             his
             Proctor
             ,
             and
             claymed
             the
             said
             Ship
             and
             Goods
             ,
             in
             the
             names
             of
             the
             said
             
               Iacob
               Neitz
            
             and
             others
             ,
             the
             King
             of
             Spains
             Subjects
             ,
             the
             Judge
             Ordered
             and
             decreed
             ,
             that
             upon
             payment
             of
             the
             Costs
             aforesaid
             ,
             and
             giving
             Bayl
             to
             abide
             the
             Sentence
             of
             the
             Court
             ,
             upon
             hearing
             the
             Cause
             ;
             that
             then
             the
             Ship
             and
             Goods
             should
             be
             delivered
             to
             the
             Claymors
             ,
             (
             unto
             which
             the
             Captors
             Consented
             ;
             )
             But
             Gerrard
             refusing
             to
             do
             the
             same
             ;
             Arrested
             the
             Captain
             in
             an
             Action
             of
             1000
             l.
             Valuing
             the
             Ship
             and
             Goods
             at
             that
             rate
             ,
             and
             the
             Captain
             being
             committed
             thereupon
             to
             the
             Marshalsea
             ,
             gave
             sufficient
             Bayl
             to
             the
             liking
             of
             the
             said
             Gerrard
             ,
             and
             his
             Proctor
             ;
             who
             neglected
             to
             proceed
             thereupon
             ;
             But
             upon
             new
             examinations
             of
             the
             Master
             and
             Seamen
             ,
             Exparte
             ,
             procured
             a
             sentence
             for
             discharging
             the
             said
             Ship
             and
             Goods
             ,
             and
             a
             Writ
             of
             Restitution
             ,
             whereupon
             the
             Vicadmiral
             and
             the
             Customhouse-waitors
             ,
             (
             in
             whose
             Custody
             they
             were
             )
             delivered
             the
             same
             accordingly
             .
          
           
             Then
             finding
             some
             Imbezelements
             of
             the
             Salt
             and
             Wine
             in
             the
             Port
             of
             Chichester
             ,
             and
             other
             Damages
             by
             lying
             so
             long
             in
             dispute
             (
             through
             their
             own
             default
             ,
             )
             Gerrard
             and
             Francklin
             ,
             depending
             the
             Process
             against
             Byrne
             ,
             Exhibited
             a
             Lybel
             joyntly
             against
             Sir
             
               Edmond
               Turnor
               ,
               George
               Carew
               ,
               Tyrence
               Byrne
               ,
            
             and
             
               Ionathan
               Frost
            
             ,
             in
             the
             names
             of
             
               Iacob
               Neitz
            
             and
             the
             other
             Claymors
             ,
             and
             Procured
             an
             Arbitrary
             and
             unjust
             sentence
             against
             them
             all
             ,
             for
             1800
             l.
             Damages
             ,
             in
             spoyling
             their
             Voyage
             ;
             and
             Imbezealing
             their
             Goods
             ;
             From
             which
             Sentence
             Sir
             
               Edmond
               Turnor
            
             ,
             and
             
               George
               Carew
            
             appealed
             by
             themselves
             to
             the
             King
             in
             the
             High
             Court
             of
             Chancery
             .
          
           
             Whereupon
             the
             Lord
             
               Keeper
               Bridgeman
            
             ,
             appointed
             the
             Lord
             
               Chief
               Iustice
               Rainsford
               ,
               Iudge
               Wilde
               ,
               Iudge
               Windham
               ,
            
             and
             
               Baron
               Littleton
            
             ,
             (
             as
             adjuncts
             )
             with
             Sir
             
               Richard
               Lloyd
            
             ,
             Sir
             
               Timetly
               Baldwin
            
             ,
             Sir
             
               Edward
               Low
            
             ,
             Dr.
             Pinfold
             ,
             Dr.
             Trumbal
             ,
             Dr.
             Digby
             ,
             and
             Dr.
             Briggs
             ,
             or
             a
             Competent
             number
             of
             them
             by
             Commission
             to
             re-hear
             and
             determine
             the
             same
             ;
             But
             the
             Judges
             upon
             several
             debates
             ,
             being
             divided
             in
             their
             opinions
             ,
             Concerning
             the
             Law
             of
             England
             ,
             in
             Cases
             of
             Personal
             Injuries
             ;
             and
             that
             Turnor
             and
             Carew
             ought
             not
             to
             suffer
             for
             the
             Trespass
             of
             another
             ;
             the
             Case
             depended
             undetermined
             until
             the
             Year
             1678.
             
             Then
             one
             
               Peter
               Victorine
            
             appeared
             for
             the
             Claymors
             (
             
               Peter
               Gerrard
            
             being
             run
             away
             ,
             )
             and
             procured
             the
             Commission
             to
             be
             renewed
             by
             the
             Lord
             High
             Chancellor
             ,
             who
             appointed
             the
             Lord
             Chief
             
               Iustice
               North
            
             (
             who
             had
             denied
             a
             Prohibition
             in
             the
             Case
             )
             in
             the
             room
             of
             Justice
             Rainsford
             ;
             And
             said
             the
             Cause
             of
             appeal
             being
             appointed
             to
             be
             heard
             at
             
               Serjeants
               Inn
            
             in
             
               Chancery
               Lane
            
             ,
             on
             the
             16th
             .
             of
             March
             1678.
             
          
           
             Sir
             
               Francis
               Winnington
            
             ,
             Sir
             
               Thomas
               Exton
            
             ,
             Mr.
             Thursby
             ,
             and
             Mr.
             Molloy
             ,
             being
             of
             Council
             for
             the
             said
             Turnor
             and
             Carew
             ,
             insisted
             (
             as
             the
             truth
             was
             )
             that
             no
             proof
             appeared
             in
             all
             the
             Process
             transmitted
             against
             them
             ;
             and
             that
             upon
             the
             said
             
               Neitz
               vander
               Plancken
               ,
               &c.
            
             
             Their
             own
             shewing
             ,
             the
             Imbezelements
             were
             done
             in
             the
             Port
             of
             Chichester
             after
             the
             Capture
             ,
             which
             was
             in
             the
             body
             of
             the
             County
             of
             Sussex
             ,
             and
             therefore
             Tryable
             at
             the
             Common
             Law
             by
             Jury
             ;
             the
             Admiralty
             having
             no
             Jurisdiction
             therein
             (
             several
             Statutes
             in
             the
             time
             of
             King
             
               Ric.
               2.
               
               Edw.
            
             3.
             and
             Hen.
             4.
             
             Expresly
             forbidding
             those
             Incroachments
             upon
             the
             Common
             Law
             of
             England
             .
             )
             Yet
             the
             Lord
             Chief
             Justice
             North
             over-ruled
             all
             that
             was
             offered
             ,
             and
             confirmed
             the
             said
             unjust
             and
             Arbitrary
             Sentence
             ,
             and
             Signed
             the
             same
             ;
             whereupon
             Judge
             Wild
             and
             the
             rest
             followed
             ,
             and
             did
             the
             like
             .
             The
             Sentence
             and
             Confirmation
             being
             brought
             ready
             drawn
             ,
             and
             Ingrossed
             in
             Parchment
             ,
             by
             the
             said
             Francklin
             ,
             for
             that
             end
             and
             purpose
             ,
             who
             caused
             the
             said
             Judges
             to
             Admonish
             the
             said
             Carew
             ,
             being
             then
             present
             ,
             to
             pay
             the
             said
             1800
             
               l.
               Cum
               Expencis
            
             ,
             before
             the
             first
             day
             of
             
               Easter
               Term
            
             following
             ;
             against
             which
             Sentence
             ,
             Confirmation
             ,
             and
             Admonition
             ,
             the
             said
             Carew
             protested
             openly
             before
             the
             said
             Judges
             ,
             as
             Erronious
             ,
             Arbitrary
             ,
             and
             unjust
             ;
             and
             also
             appealed
             to
             the
             last
             Parliament
             for
             a
             nullity
             thereof
             ;
             As
             also
             for
             Caution
             for
             his
             Costs
             and
             Charges
             unjustly
             sustained
             and
             to
             be
             sustained
             therein
             ,
             )
             to
             be
             given
             by
             Mr.
             Foot
             a
             Merchant
             in
             
               Rood
               Lane
            
             ,
             and
             Mr.
             Hungerford
             ,
             who
             after
             Victrine
             Died
             Insolvent
             ,
             appeared
             for
             the
             said
             Claymors
             ;
             and
             Likewise
             for
             satisfaction
             of
             500
             l.
             with
             Interest
             from
             Mr.
             
               William
               Walker
            
             a
             Gouldsmith
             ,
             detained
             in
             his
             hands
             from
             the
             said
             Carew
             ,
             ever
             since
             the
             24th
             .
             of
             Iune
             1669.
             under
             pretence
             of
             being
             obliged
             to
             the
             said
             
               Peter
               Gerrard
            
             upon
             the
             said
             Carews
             Appeal
             from
             the
             first
             Sentence
             .
             But
             the
             Parliament
             being
             Dissolved
             ,
             the
             whole
             matter
             depends
             in
             
               statu
               quo
            
             ,
             for
             Redress
             according
             to
             the
             Judgment
             of
             Parliament
             ,
             the
             Justice
             and
             Equity
             of
             the
             Nation
             .
          
           
             FINIS
             .
          
           
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A29745-e710
           
             An.
             1567.
             
          
           
             An.
             1606.
             
          
           
             An.
             1630.
             
          
           
             An.
             1631.
             
          
           
             An.
             1632.
             
          
           
             An.
             1635.
             
          
           
             10.
             
             August
             1672.
             
             Old
             stile
             .
          
           
             Referrees
             ,
             Lord
             Arlington
             ,
             Lord
             Ashley
             ,
             Mr.
             Treasurer
             ,
             Mr.
             Secretary
             Trevor
             ,
             Sir
             John
             Duncomb
             ,
          
           
             Register
             of
             Writs
             126.
             
          
           
             Register
             of
             Writs
             129.
             
          
           
             De
             arrests
             facto
             super
             bonis
             mercatorum
             alienigenium
             pro
             transfacta
             mercatoribus
             Angliae
             .
          
           
             *
             ☞