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
Sir William Courten and Sir Paul Pyndar K t s Deceased with their Wills annexed and Thomas Coppin Esq on the behalf of themselves and divers others Interested and Concerned Sheweth THat in Pursuance of two several Orders of the Council-Board Dated the 24th of July 1677. Your Petitioners and other Proprietors Interested have often attended with their Councel Learned in the Law to be heard concerning relief for the matters therein contained according to Iustice and Common Right Humbly Praying that the Ambassador of the States General Resident in England might have notice thereof to make what Defence he could by his Advocates or others against your Petitioners just Complaints but to this day your Petitioners could not be heard although several times were Assigned for that purpose Your Petitioners do therefore most Humbly Pray that Your Majesty would be most Graciously pleased to appoint a Peremptory Day that your Petitioners may be heard at the Council-Board and that the Dutch Ambassador may have notice thereof from one of the Principal Secretaries of State with Copies of the said Orders to make what Defence he can by his Advocates or others if he please that Right may be done according to the Merits of the Cause And Your Petitioners shall ever Pray c. George Carew Thomas Coppin THe said Petition being Ordered to be Read and Sir Philip Lloyd Clerk of the Councel having Read the same accordingly on the 12th day of May 1680. The Lord High Chancellour was pleased to tell Mr. Carew that he should not be heard but that He and others that offered to put the said Letters Pattents or any Commissions derived from thence in Execution should be Hanged as Pirates And notwithstanding the said George Carew informed the Councel-Board that two or three Ships were out upon the Coast of Spain and other parts in Pursuance of certain Articles and Agreements between him and the Creditors yet nothing would prevail for a hearing upon the Petition or upon the former Order of Councel aforesaid but this new Order was made Ex parte upon a Memorial given in by the Dutch Ambassador stuft with Impertinent falsities as follows At the Court at White-Hall the 12 th of May 1680. Present The Kings most Excellent Majesty His Highness Prince Rupert Lord Archbishop of Canterbury Lord Chancellor Lord President Duke of Albemarle Marquess of Worcester Earl of Ossory Lord Chamberlain Earl of Bridgwater Earl of Sunderland Earl of Essex Earl of Bathe Lord Bishop of London Mr. Hide Lord Chief Justice North. Mr. Finch Mr. Secretary Ienkins Mr. Chancellor of the Exchequer Sir Thomas Chicheley Mr. Godolphin THis day a Memorial presented to His Majesty by his Excellency the Ambassador Extraordinary from the States General of the United Provinces was read in Council setting forth how that according to Information given upon Oath Sir Edward Graves K nt and George Carew Esq were Equipping and Arming a small Frigat called the Mary under the Command of Tyrence Byrne to be imployed against the Subjects of the States General and particularly to surprize and seize the Ship called the Emperour wherein a part of the said Lord Ambassadors Equippage was Imbarqued in order to his return to his own Country which Equipping and Arming was by colour of a Commission or Letter of Reprizal bearing date the 29th of May in the 17th year of His Majesties Reign that now is and granted in favour of the Creditors of Sir William Courten and others And praying that the said Letters of Reprizals might be Revoked His Majesty considering that the said Commission was Suspended by His Majesties Proclamation bearing Date the 10th of August 1666. for divers great and notable Misdemeanors committed in Execution thereof and that by the Treaty of Peace and Alliance made with the States General of the United Provinces at Breda the 21 of July 1667. It is agreed that all Suits and Pretentions that the Subjects of His Majesty or the States General might or could move or prosecute one against another for any matter or thing before the Date of the said Treaty shall remain void Obliterated and Disanulled and that all Letters of Reprizal Marque or Countermarque both general and particular are by the said Treaty Inhibited and Revoaked which said Treaty was restored in its former Uigour and Confirmed by a Subsequent Treaty made at Westminster in the Month of February 167 3 4. By which Treaties all Letters and Commissions of Reprizal are intirely Revoaked and Annulled His Majesty likewise foreseeing of what Mischievous Consequence it would be to all his Loving Subjects if the States General upon the Execution of the said Letters of Reprizal contrary to the meaning of the said Treaties and after the anulling of them by the same should Grant Letters of Countermarque against the said Subjects and their Goods to the hindring of Commerce and the Ruine and Dammage of many particular Men although unconcerned in the Case of such Reprizal His Majesty doth therefore hereby Order Sir Creswel Levins His Majesties Attorney General to prepare the Draught of a Supersedeas to pass the Great Seal of England whereby the said Letters of Reprizal may be in due form of Law Superseded Revoked and Declared to be void and Determined to all effects and purposes whatsoever to the end the States General may rest satisfied of his Majesties care to have his Treaties duly executed and that it be made known and may appear of Record to all his Loving Subjects that the said Letters of Reprizal are Revoaked and Declared void to the end also that none may hereafter presume to Act by vertue thereof and if any do that they may be proceeded against as Pirats acting without Commission and as Infractors of the Peace and Alliance between His Maiesty and the States General A true Copy Ex. FRANCIS GUYN IT may be remarqued from hence what Dangerous consequences would attend the Subjects of England in their Estates and Properties if such an Order of the Councel-Table should be of force to Supersede a Iudicial Grant upon Record under the Great Seal of England without a Scire facias or hearing the Parties or to Discharge and Release particular Mens-Rights and Interests in the Hands of Forreigners upon private and Land-Contracts in Trade and Commerce without any Restitution or Satisfaction for the same Under such presidents no Man can be safe It 's very remarkable that civil Actions and Pretences for several Matters and Things were not Obliterated or made void by the Treaty at Breda as appears by several Presidents of both sides in the Courts of Judicature at the Hague Amsterdam and Middleburgh viz. By the cause in the Supream Court of Judicature between James Boeve and the Heirs of Peter Boudaen depending many years before the Treaty at Breda and prosecuted several years after to a Definitive Sentence and by other actions in Zealand that had long depended before the Treaty in the Zerick-sea which were prosecuted afterward by Sir William Lower John Monson and Roger
A Brief REMONSTRANCE Of the Grand Grievances and Oppressions Suffered by Sir William Courten and Sir Paul Pyndar K nts deceased As also by their Heirs Executors Administrators and Creditors Humbly Represented to Both Houses of PARLIAMENT Prorogued to 21. October 1680. Faithfully Collected out of several Courts of Record Orders of Councel and Treaties of Peace and Common Alliance With several REMARKS thereupon For the Improvement of Navigation Trade and Commerce By JOHN BROWN of London Gent. LONDON Printed in the Year 1680. To the Right Honourable Sir ROBERT CLAYTON K nt Lord Mayor of the City of LONDON And to the Right Worshipful Sir THOMAS PLAYER K nt William Love and Thomas Pilkington E sqs MEMBERS of PARLIAMENT Chosen for the Honourable City of LONDON Right Honourable and Right Worshipful IT 'S agreed by all Divines Philosophers and Lawyers that every Man hath a Right to hold and injoy those things which he hath Righteously obtained even as the first Occupants of Lands retain a Reall Interest and Property by a Natural and civil Possession But the Hollanders and Zealanders of late would perswade Soveraign Princes and their Ministers to make no difference between Reason of State and common Right In whose Provinces the Soveraign Power resting in the Common People their Deputies were so bold in the infancy of their State soon after King Iames had delivered their cautionary Towns and quitted a great Sum of Money due to the Crown of England and perswaded the French King to discharge a greater That they at all times afterwards refused to settle any Regulation of Commerce and Navigation in the East-Indies and the Whale-Fishing the proper Discovery of the Russia Merchants but gave Laws concerning the old English Draperies Banishing all Died and Dressed Cloaths disputing the Tare of the rest after they had invited the Merchant Adventurers successively to Middleburgh Delfe and Rotterdam with priviledges since taken away yet some of the said Company are now Resident in Dort The People of Holland Zealand and Friezland having also incroached upon the Rights of Fisheries on the Coasts of England Scotland and Ireland Denying any Tribute although Spain and France at the same time purchased Licence by Treaty or Special Commission Sir DUDLEY CARLETON Demanded satisfaction and a regulation in those points in the year 1618. And also for reducing their Coyns to such a Standard that might hinder the Transporting of English Gold and Silver out of His Majesties Dominions The Prince of Orange their General after many Debates then told the Embassador Carleton that the Deputies of the several Cities in Holland Zealand and Freizland durst not touch upon those things especially that concerning Fisheries there being in those three Maritine Provinces one Hundred and fifty thousand People and upwards that had their Livelihoods and Dependencies upon the Fisheries on the British-Coasts but desired him to Write to Secretary NAUNTON to move the King that those Rights of Fisheries might be redeemed and Purchased for a Sum of Money King Iames being unwilling to treat upon those terms all the Debates rested re in facta What inestimable loss and Damages the Crown of England and the Subjects thereof and more particularly the City of London have suffered in the premises is fit for a Parliament to inquire after whereby they may find what is become of all the old broad Gold abased in Holland and afterwards bought up again for the English East-India Company The main Scope of this following Remonstrance is to give Your Honours an Exact account of the matters of Fact wherein those two Worthy Persons Sir William Courten and Sir Paul Pyndar were so grieved and oppressed that had been so necessary and serviceable to the Crown and Kingdom of England and after them their Heirs Executors Administrators and Creditors there wants no Vouchers within the Walls of this City to make Evident to the World the truth of every Paragraph herein that calls Aloud for Relief from the Justice of a Parliament The several Abstracts of the following Cases being of High Import to the Honour and Interest of the King and Kingdom may easily invite every Person that is a Lover of his Country to a thorow perusal thereof and even to Gratifie himself with some Remarks not Vulgarly known Obliging thereby Right Honourable And Right Worshipfnl Your most Obedient and Humble Servant JOHN BROWN A Brief Remonstrance of the grand Grievances and Oppressions suffered by Sir William Courten and Sir Paul Pyndar Knts. deceased As also by their Heirs Executors Administrators and Creditors with several Remarks thereupon Humbly represented to both Houses of Parliament Prorogued to the 21 of October 1680. THAT upon confidence and expectation of Protection and Preservation of their Lives Liberties and Estates with the quiet injoyment of the Protestant Religion under the Government of Queen Elizabeth and Her Successors Many Worthy persons related to Sr. William Courten transported Themselves and their Families out of Flanders Brabant and the other Spanish Netherlands amongst whom the Father and Mother of Sr. William Courten arrived in England from Menen in Flanders in the year 1567. And having remitted their Monies and other Effects from beyond the Seas exercised the Trade of Merchandizing in Silks and Linen during their Lives in the City of London and left two Sons and a Daughter named William Peter and Margaret Courten unto whom they gave plentiful Estates Sr. William Courten being the eldest Son intermarried with the Daughter and Heir of Peter Cromeling a Linen-Merchant of Coutrick in Flanders who left a personal Estate of sixty Thousand Pounds Sterling to his said Daughter provided that fifty Thousand Pounds thereof should be laid out in Lands in the Kingdom of England and settled upon Peter Courten his Grandchild begotten of his said Daughter by the said Sr. William which settlement was made accordingly And the said Peter afterwards being made a Barronet married with the Lord Stannop's Daughter but died without Issue and left the Estate to Sr. William Courten his Father In the Year 1606 Sr. William Courten Peter Courten his brother and Iohn Moncy of London Merchant who married the said Margaret Courten Widow of Matthias Boudaen entred into a Trade of Partnership with a joynt Stock two parts whereof belonged to Sir William Courten and to the said Peter Courten and Iohn Moncy each a fourth part This Trade in Company was carried on for 24 years together to several parts of the World wherein they returned yearly 200000 l. Sterling and upwards Communibus Annis in the Linen Trade Italian Trade Barbary Trade French Trade and Whale-Fishing upon their Joynt Stock aforesaid then Peter Courten in the year 1630 being lately Knighted in England dyed at Middleburgh in Zealand where he lived and had gotten the greatest part of the effects abroad into his hands and left Peter Boudaen Son of the said Matthias his Executor And in the year following Iohn Moncy transported himself from London to Zealand to settle the Accompts
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
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