■P-' A REMONSTRANCE OF SOME Fallacies and Miftakes, Whereof the INFORMERS Who have hitherto attempted againft THE HOUSE OF THE I STILL YARD, Supprefsing the Truth, and by Falfe Sug¬ gestions deceiving at once thofe who do not heed, and thofe who are ignorant of the Matter, or at leaft thofe who are too credulous, have made ufe of. WITH Particular A n $ \v e r s to all, and a Condufion and Petition on every Point. LONDON: Printed by Tbo. ^(ewcomb. 1 A remonstrance OF SOME Fallacies and Miftakesj Whereof the Informers who have hitherto at*-; tempted againft the Houfe of the StiHjard, fupprefling the Truth, • and by falfe Suggeftions deceiving at once thofe who do not heed, and chofe who are ignorant of the Matter, or at leaft thofe who are too credulous, have made ufe of. With particular Answers to all, and a Con- dufion and Petition on every Point. The Firjl Fallacy . T Hey oftentimes pretend, and almoft every where lay it for a ground. That the Right and Priviledges of the Stilljard have no other foundation but the raeer Grace of the Kings informer Ages, notfo well re¬ garding the Iutertft of the People * and therefore any time eafily revocable. But this is a miftake, AS if the Harfe-Towns had obtained thefe Rights through the meer Grace of the Kings $ for they pro*; fefs to have merited the fame, i By Supplies and Aids at their great Expences,in former Ages adminiftred to EngUnd, againft the French and other Enemies. C a By many valiant ConAi&ifot the EngUfb, and fupptef- fing of their Enemies.. A i ' to.4 1 3 la Hen of Damages unjuftly in former times fuftained by tha Englifh. Of-and for all which England having in thofe times confefTed it ilf unable to make Payment and Reparation,, thefe Rights obtain* ;d the place of a Debt. And this is moft evident, and in exprefs words from the Agree¬ ments and-Convcntions of Henry the Third, the Treaty of ' Utrecht with Edward the Fourth, and many other Publick Writings, the Originals whereof are kept amongft the Records of the Hanfes in their Chamber of Lnbeck, , Hence it followeth,- That it is*nottrue, That (as the Informers ever and anon aflfert) { any of thefe Rights come to the Hanfe-Cities to the prejudice and againft the benefit of the people of England. i * But on the contrary it is moft true,That thefe Rights and Agree- j ments are Obligatory on both fides, 3 And that indeed for ever ; for as much as the Caufes thereof are • mutual, and oblige reciprocally, l 4 And therefore- cannot be revoked at the pleafure, orTor the ad- 1 vantage of the one party, the other.not confenting, without . _ breach of that Law which is between Nation and Nation; no more then Goods once fold and delivered, can be recovered or claimed back by the Seller. 5 And although eveh the faid Cities fiiould confent to fuch Revo- 0 cation, yfet unlefsfirftReftitution and Reparation were made onto them or and for thofe Expences and Services, by whicfrv Ancient Merits they obtained thefe Rights,and of the Damages by them fuftained, it were not juft to deprive' them thereof. ’ And then they ought to be refunded, ~ 1 Of thofe Auxiliary and Warlike Charges expended for the | benefit of England , together with the Intereft of Four hundred years. i Satisfaiftion ought tobe given for the Services they did in thofe times of War. 1 3 The Datniges ought to be repaired which were faftained by the Hanfes folongftncd,witn Intereft for fo long time paft. Which Damages alone, even as they then were con- ‘ feffed and calculated by the Parliament now above Tvvo handred years paft , did exceed the fum of aoooool^ ■. —"— 11 » aooooo 1 Stealing. From which it may be cafily,ap¬ prehended to what vaft fum of Debt the whole would 1 amount, if all’three, together with the accruing Inter- eft, were to thefe times exadly computed. - 6 ; And therefore they having for fo many Ages paft borne the Ad¬ venture of fo high an Obligation, and the Hanfe-Cities ftill not efteeming the fame fo much as they do the Amity and Mutual Correfpondence of EngUnd they think it equal that they Ihould be fo much the more reciprocallyfavored, and their Pri- viledges cheriihed, maintained, and by all good means'aug¬ mented. i 7 Muchlefs befeeming would it be for no Default or Crims on their part, without recompence for fomany Services and Ex- pences, and that alfo upon falfe and frivolous Suggeftions againft the Laws of Amity, to caft them out either of their PolTelfion,or thofe Liber ties,Exemption from Taxes, and other their Rights by them obtained in perpetuity, as fome In formers - doeadeavor to defpoil them. The Second Fallacy. A S often as thefeMen difeourfe of the firft Rife, Title, and Au¬ thority, by which the Hanfe-Cities poffefs the Stilljard j they • fpeak as if they had obtained the fame’without the knowledge, and Jgainft the confent of the people - and therefore they mentiodonly 9 the Kitigs Grants, but omit thofe of the Parliaments: A'nd this to no other end, but to traduce and render the more odious their whole Right before the people, and thofe of the generality and all others, who areunverfed in and ignorant of the Verity of their Cafe. Whereas indeed, ...... x The Kidgs alone in their Private were not the foie Author! of thefe tHeir Rights, but the fame were alfo publicklyfeen,; confidered, approved, folemnly ratified and confirmed by the Parliaments: Of which Ratifications, the fevcral Originals, ’ together with the Kings Lecrers Patents, are to be found among the Records of tne faid Hanfes. 2 As moreover in the fame are Extant in Authentick Form,’ fome Solemn Adfs of the City of London , acknowledging and J . , accepting the fame Rights and Privilcdgcs. ■' lJ - " . . ; .Froait w —--— *■ From hence it'followeth, I That it is not true which the Informers feign~ as if our Right did depend upon the foie authority and grant of the Kings. % But it is much lefs true, That the fame were obtained without confent of the People *, being the People is, and always will be reprefentatively in the Parliaments. '3 That it is mod untrue (as fometiaies it is faggeded ) as if the fame had been obtained by any fordid or unlawful means*, yea the Oppofers of our Rights ( when at any time there have been fuch) by abufing the lenitie of the Kings, have indeed rather prevailed in whatfoever they obtained againft us in for¬ mer times, by finifter diverfions of their grace and favor-• And therefore the fame having been dete&ed, they have failed in their attempts, and hitherto our right hath remained entire. 4 Hence it appeareth, That our Right by the acceflion of the au¬ thority of Parliament is altogether become irrevocable: For as the People can never die, but that the People is alwaies judged to be the fame, fo alfo Parliaments meeting in the place of the People, do always reprefent the fame and one Par¬ liament. Wherefore however a lawful Parliament may abro¬ gate the A&s of Kings, yet neverthelefs it cannot revoke the Afts of a Parliament alike equally lawfql * Forafmuch as Par in parem non habeat irpferium * And it is to be believed they will ^ not, as neither being confident with the Commonweal, nor that ©ne Parliament will eafily do that to their predeceflors, which it would not have done to it felf by their fucccffors. i | The Third Fallacy . B Ut it is faid, That all their Rights were granted under certain conditions and for fome certain end, amongd which princi¬ pally was the Exportation of Englilh Clothes in fuch abundance, as the whole Nation (hould be fenfibfe of the benefit thereof. But that now no Clothes are any more exported by the Hanfes, but that this Trade is reduced to the Merchants-Adventurers, and that they oftentimes in one year have exported more then double the number which the Hanfes formerly exported in two or three years ; And therefore the Condition and End ceafing,thofc Rights alfo ought to ceafe, But, Buf,j i As to what concerns England, the benefit of the Traded Ctothing was not the foie condition or canfe of th effaces Right, bat rather alone,that the Nation of England fhould be difeharged of a vaft Debt wherein it was obliged to the Hanfes } And at that time it was to them a great advantage, that the Hanfe-Cities would in fatisfa#ion of this Debt rather accept fome Rights and Priviledges for fo great a Sum of money, which otherwife England was obliged to pay them, a So as there was not only regard had to the benefits whiefi in future times England might reap by thefe Priviledges, but this principally was intended, that the Hanfes in the the coemption and exportation of Clothes Ihould forever enjoy a prerogative above other Nations, and that for their known merits and the damages by them fuftained. . 3 But moreover to clear this point, to what end or on whae condition this was contracted, if it were fo, it ought to have been exprefTed in the Convention it felf, being other- wife there might be many accefTory Ends affigned of one and the fame thing ; Neither can every Condition have the force of a Refolutive Agreement, but that alone which is fo efpecially inferted in the Contra#, that the fame ceafing, the Contra# may be underftood diffolved, or fuch as was the foie and only caufe of the Contra#. 9 9 4 And this is worthy to be obferved, That it is not to be im¬ puted to the Hanfes, that they have not hitherto continued in the Exportation of Clothes. And no man, without ic be by his own default, ought to be punifhed. Hence it followeth, I Being the Hanfes have obtained their Right by a very hard and chargeable Title, the fame ought to remain unto them forever and irrevocable. a Nor can the fame be revoked or altered by a Condition however extrinfick and neceflary. 3 As likewifeneither one other accdfory End ceafing. 4 Much lefs for any canfe of private benefit, 5 Being it is neither lawful naturally, to recede from fuch a Con¬ tra# on one par ty in refpe# of his own advantage againft the ^ confent of the other party,who efpecially is fo much damnified. 6 And therefore thefe Informers go to work frivolously, whllft ...by fuch fallacies they feek to miflead• the improvident and . ..heedlefs. The Fourth Fallacy — I S almoft of the fame fluff as the former. They would have it be believed, that all the Right of the Hanfes , and fo their Right to the Houfe of the Stilljard are become void, becaufe forfooth the Corporation it felf, (that is) the Body and SuSjedt upon which jhat Right was conferred, is no more a Corporation: And fo the Commerce of the faid Houfe ceafing, being intended for the Ad¬ vantage of England, the Right it felf fliould withal ceafe. v But, • I It is before fhewn, that the Hanfes did not obtain the^ofleflion of the StiHyard, for this caufe of Advantage to.England only, a- Neither that as it may be advantagious or profitable to one Party, a Contrad can be presently reminded or diffolved. 3 The obje&ion ic felf, if.it relate to the Hanfe-Cities themfelves, is manifeftly falfe: For who can.be ignorant,that the Confede¬ ration of the Hanfes between thefe principal Cities,viz -Lubcck, Breme, Hamburgh, Brunfiviclt, Colen, Mnnfler, &c, doth not continue to this day < nor ever to have been extinguished 1 • although of feventy two Cities (of which antiently they con¬ fided) many, because of their decaied and weak eftate, V h->ve .withdrawn themfelves, and others through their own default • have been excluded the Society < There is nothing more cer- i tain then that hitherto they obfetve their Conventions, and i j- jointly fend forth their Ambafladors •, and that in the publick;] Conftitutions of Germany, as well antient as modern,- they ; . have an honorable place * and in France, Spain, Sweden, Pen- mark, Mojco, Poland, and the Netherlands, they both are ac-1 . knowledged under their common Denomination, and al o ■ enjoy their Rights as a Body Confederate. But if this.refltfJ on the Merchants refiding in the Houfe of th iStillyard, Hjw| can ic be that their paucitie, and any adt of theirs, can be arijljj argument that the Houfe it felf (hould be taken from the| Hjmfe-Cities.? 9 - K9) __ x That thofe Merchants are not the Proprietors of the (aid Houfe, but the faid Cities. x Nor if they were, have we hitherto ever heard it proved, that as yet they have committed or done any thing wor¬ thy to deprive them of this Right in Law. 3 And although they had committed any thing againft the Law, yet, Patna [nos tenere debet Auteres. 4 And for their fmall Number, this alfo hath not come to pafs through their own fault $ For the truth is, that they have by little and little been fo difcouraged by the Eng- lijh, that the reft have given place. 5 The Informers themfelves ufe this for one principal Argu¬ ment 5 Strangers are to be refrained of the Englijh Comerce. But thefe arc contraries, both to require and plainly to intend the exterminating of Foreign Merchants, and yet at the fame time to punifh ours by taking away their Rights for this caufe, that being reduced to fuch a pau- - citie, they do not excrcife Trade here in greater number. This certainly is againft all reafon of Natural Juftice, that he who for the benefit of another hath relinquifhed part of his Right, fliould be deprived of all the reft for this onely caufe, That he hath relinquiflied a parr. 6 Andlaftly it is a Rule in Natural Reafon, That a Col- ledge or Corporation which had its beginning in many, may yet be conferved in three or two perfons, * * Hence it followeth, 1 That it is plainly falfe and contrary to the moft evident truth of the matter which is fuggefted, either of the taking away or of the ceafing of this Corporation. 2 That it is not the queftion, What profit at this day the Houfe of the Stiliyard contributed either publickly or privately to England, (for before the invalidity of this Argument is de- ntonfti ated) but whether the Hanfe-Cities for their own bene¬ fit will, and yet may enjoy the fame to their own commodity. 3 That even three or two, yea one Merchant in the name of the l Uanfe-Society, doth conferve the right of the ffanfes. 4 That the Delinquencies of any fingle perfon (if any fuch can be proved) do not prejudice thtHanfes, but reached alone fc the Authors, — "I . • 1 ' » .. < Thu Fr ... c»; f That the Anions of tingle perfons are to bediftinguifhed from ( the Caafe of an whole Society. |6 And therefore thefe informers both deceive themfelves, and alfo | would impofe on the Parliament and people of England, fo { . often as they make ufe of this argument to impeach the Rights | of the Hanfe-citits in the Houfe of the Sttllyard. I The Fifth FaUacji — fl’S the common benefit to this Commonwealth of England and r»ihe people, whilft they fay the Revenue would be augmented [yearly Two thoufand pounds fterling, if the Houfe of the Stidjard were feifed: By which fpecious insinuation they not only deceive the incautelous, but feek to fet the mouth oi the people on water and to excite them againft the Hanfes. Buc, x It is before made appear, that between thofe who are equal in right, no Right can be taken away from the one party tor any ■ confideration of the commodity or profit of the other party. z And what Reafon did ever juftifie this for a Law, That it (hould be lawful for me to take away that from another, which he pofl'effeth by a Right obtained in perpetuity ? 3 Alfo what profit can accrue by that which not only is repugnant 1 to the Rules of Honefty, but alfo would be prejudicial to the glory and renown of the Englilh Nation ? 4 But yet this alfo by which they plainly infinuatethe Pabliclc^ Revenue to be impaired through the Houfe of the StiSjard > and from which thty make up theaccompt of Two thoufand pounds fieri, fer annum, hath never hitherto been proved, and is of it felf evidently falfe. 5 It is to be believed, that whatever profit from hence may be gained, is rather aimed at by fome private Perfons, to their own Lucre, then for any intent to advance the Publick good. 6 : If any publick benefit ought to be in this cafe aimed at, the moft Renowned Parliament in their great wfdome, will rather a : and difeern this point, Whether it were better for fo and indeed unjuft and inconfiderable a gain, ( for fuch a fum would no more add to the iiicreafe of the Tveifury of Eng- _ - Und) then tjjjf^Gpalleft^drop of water wo uld to the^Br itilh 'W;; ^ Ocean) by mew Power to takeaway theRight^of the Am Cities with the hazard of the antient Amity and neighbouriaj German Comerce, (for all the Maratiae Cornered of German) is for the moft part in thofe Cities ) or rather not to prefervi intire the Amity, and the Rights and intercourfe of Trade of above 400 years, not to fay, to angment the fame, which'yet might be done to the great and mutual benefit of both parties Hence it followeth, j 1 That it is a deceit and ameer empty pretedl, whatever isin this Argument fpecioufiy infinuated, concerning publick profit, j a That on the other fide it is more expedient, and for theInterefti of England, that the Right of the tfanfes (hould be pfefctvedj yex augmented. I The Sixth Fallacy T S, that fome deceafed Kings have before this taken poffeflion of the Houfeof the Stillyard, and that therefore the prefent pofieffioti ofth e ffanfc-Cities, as afterwards obtained by force and intrufion, isunlayviullandunjufi. But, .1 Here is manifeft felfe dealing, whilft the Publick Adis are neither.: bona fide, nor fully alleadgcd, for they fet forth the. beginning of tiie Faft, but the defences and iffue of the matter they wholly s omit. T hey by peeces fuggeft that which one or other King,up* on importune Petitions perhaps,before the Caufe was fully exa¬ mined, did refolve to doe *, They Another and take no notice of what followed thereupon, what refolutions after hearing of ; the Caufe and difeovery of the Injuftice of thofe Petitions finally iflued, and how this Caufe fupprelfing all procefs at the Common Law, was alwaits remitted to fpecial Conventions* Conferences and Amicable Treaties, . . 2 But yet it never came to that point, that in the time of any King or Queen, the Hanfts were ever eje&edoUc of their pwflion. i 3 For that the Qpeen did attempt to pofTefs the jioufe of the ! Stilljard, it was not long 5 for ftill and neverthelefy the Cities j did remain in continual and penetaal, as weRNafsral Civil j w ■ Hence it followed), It is fclfe'y and abfurdly afferted, That the having beent formerly feifed by the Kings, isdovolved to the Demeans o*: this Commonwealth, and at this day To remains. It is alfo a fable, that the Hanfes Repoffeffion is by force and lw- trnfion. For how probable is it, that a few Merchants of the StiSjard could repofl’efs themfclres by force and intrusion of any Eftate ' in the face of Kings againft their will, and particularly in op- * pofition to Queen Elizabeth , or againft the Parliaments, the ‘ ‘ City of London looking on and being Spectators i What 1 force , whatlntruli )n could defend them againft thefe King*, Queen and Parliaments ? The tid-ife- Cities therefore have remained alwaies, and are at this day in la wful, perpetual and continued pofleflion of this Houfe : Lawful, becaufe obtained from the beginning upon more then valuable confideration, and a moft chargeable Title •, per¬ petual, becaufe continued •, continued,becaufe never interrupted.. The Seventh Fallacy. T Hat this Caufe is t he Caufe of the Revenue and Demean of the Commonwealth of England that therefore of fuch Caufcs the Barons of the Exchequer are competent Judges. But, i Every caufe whereby every Pofleflion and Right is pretended to be in the Demean of the Commonwealth, doth not apper¬ tain tothofe Judges, but only in Cafes where the ACtioa lies againft either the Subjects of England , or any private Stranger ■furping againft the Right of -the Commonweal' h: For thefe, becaufe they are fubjeCl to the Courts and Ordinary Judica¬ tures of this Commonwealth, are rightly there convented j but this is not the Cafe of the Hanfe-Societjr which being as toComerce abfolutely free and at its own arbitrement, whatr foever % contracted is tranfa&ed as with a free Foreign people \ fb that the Confederacies, Pa&iorts and Conventions made with them,and all Rights thereby obtaiaed, cannot bebroughc before theotfipaq ^Ig dicatories of England, I; Otherwrfek would follow from this Principle, That the Afl|| ances and Contrafts of all King$ and Repoblicks with thi| Commonwealth might be queftioned in the fame, and that all foreign Nations hitherto have been bound tofubmit them-' (elves unto thefe Judicatories * which can with no more Equity be done againft Foreign Nations, then the People of would think it juft that the fame were done to them abroad. But moreover, thefe which are called the tf,w/e-Priviledges y are meer Contraftsbetween thisCommonwealth 3nd thofe Cities 5 ' and therefore if any difference do arife about the fame, the Controverfie ought to be determined, not by the Private Judi¬ catory of any one Party, but by Commiflioners of bothNa- tions, The Eighth Fallacy* L Aftly, They conceive that theHoufeof the Stilljard may be ; with good reafon taken away, becaufe the ffanfe-Cities have; planted other Refidencesof their Comerce,in Norway, Mofcov'u,- &c. But it is grounded upon no Reafon*, For when their Anceftors. obtained thefe Priviledges of England , they were not limited for their Comerceto England alone, nor by any other condition were /prohibited to Traffick any where elfe ; yea,, never any Kin&or Parliament ever required, that they (hould not Traffick in any other place but England: And to fay no more, Thefe objections can no better be confuted, then by the notorietieof the ft ft, by which-it is evident. That for above Three hundred years part , the Hanfes have conftantly txercifed their Comerce in the fajd CountreySj and yet neverthelefs, in the mean time enjoyed their Trade in England, with all Rights depending thereupon. From all which, it is concluded, I That the pretences of the Informers are unjuft againft the Still- yard, by which they feek to invade without juft caufe, a Righc due to another, againft that moft general taw of all others,, gu* tibi non vis fieri,alteri ntfecerts • conn ary to Chriftian Cha¬ rity, and repugnant even to the Laws of Enghni, which never deviate from the Laws of God and Nayac. .. r . M.. ^(hd therefore their Arguments ought aot to be heard, bat te* jetted. # # ' s Yea to be efteemed as prejudicial and derogatory to the Honor of the Englilh Nation ^ whileft they are fo bold under the falfe Reprefentation of a fmalllu.reof Two th.ufani pounds per an. to violate an Amity of Four Ages, the entercourfe of the •Commerce of ail Germany almoft, and tfpecially the Faith and Gonftancy of fo many Treaties and Agreements: Not at all obferving (to omit many other) how much benefit the people of England have thence reaped within fewyearspaft, in their great neceffme, by thefupply alone of all manner of Corn} and how much Hdmburgh to this day, and Lubeck now lately have accommodated this Nation,by permitting them liberty to pafs their Commodities and.Merchandifes by their Ports. And on the other fide, That the Uanfe-Cities ought without any violation be left peaceably in their Poflelfion and Right. J And that no Man ought to be permitted to make any attempts in prejudice thereof. $ Which if the Affair be rightly efteemed, will be both glorious to the Englijh Nation, and alfo as to the Publick of very great advantage and benefit. And therefore I do in the name of the faid Cities, and the whole Society of the Confederate Hanfss pray, X T^Hat fuch Informations, and the like attempts againftthe. JL manifeft and known Rights of the StrUjard, may be al¬ together rejetted and fuppreffed. % That if any Queftiondoarife touching the faid Houfe, or the Rights tnereof, the fame may according to the Cuftom of Nations, and as hitherto hath been obferved between Eng- landznd the faid Hanfr Cities, be referved and referred to amicable Treaty between this Commonwealth and the faid Cities. 3 That all things in the interim may remain intire and inviolate, and in particular, That the Exemption from*Taxes, both Real and Perfonal, which the Inhabitants of the Stilly ari have hitherto enjoyed, may be preferved onto them without r any breach, according to the Ancient Priviledges. 4 And laftly j That the Freedom of Trade throoghoi^| Dominions of EngUnd, as hitherto, fo alfofor thefhtotij . without any Reftnftion, may peaceably be permitted to the faid tfw/e-Merchants, as well for the preienration as aug¬ mentation of mutual Commerce between the People of England tndGem**j. Mar t in ‘Boefy U Counfellor to the Commonwealth of L*bic1c> and Special Envoy of the Society of the Hanfe-Citks, FINIS. ONDON, 3 **i*b