FACTVM, For the English Merchants, interessed in the debts contracted in the Levant by the Earle of Cery heretofore Embassadour for the Most Christian King at Constantinople.
Against the Arrest or Sentence of the said Kings Councell, given at Paris the last day of December 1644.

IN the yeare 1620. the said Monsieur de Ceri having borrowed of the said interessed, and afterwards of severall Merchants, French, Flemish, Turks, Persians, and Jewes, divers somes of mony, by order of the Mar [...]eillois, to cause an Excise of two and a half per centum to be taken away, which the Turks had imposed upon the warres, brought from those parts into France by the French, by meanes of those borrowed somes caused the said Excise to cease; and by his rekoning remayned Debtor to the said English of the summe of 48500. Piasters or Dollars in capitall, which still is due unto them with the interests of it from the said yeare 1620. after the rate of 33. 25. 23. and 20. for hundred per annum interest upon interest, ac­cording they have payed themselves after the use of Pera by Constantinople, and as his Most Christian Majesty hath adjudged and caused to be payed to the rest of the said Creditors of the said Monsieur de Cery viz, to the Turks, Jewes, Persians, and others 33. 25. and 23. per. cen­tum, not only of their capitall, but also of their interests gathered with the principall, to John Scaich a French Merchant 20 l. per centum, And likewise to the said Monsieur de Ceri (who made himself to be subrogated for some small summes) 20. for hundred per annum, of which he was really payed.

Nota, That the said English seeing how hardly they were used by the said Monsieur de Ceri and since by Monsieur de la Picardiere and other Ministers of France at Constantinople, and over charged with the huge interests that run over them for want of payment of the said capitall and interests, were forced many times to addresse their complaints since the yeare 1622. to the Most Christian King, deceased, by the Embassadours and Agents of his Majesty, which from time to time did remaine in the Court of France; and that having complained among others, of an unjust liquidation made by the said la Picardiere in the yeare 1630. by which he adjudged to the Turks and others Creditors aforesaid their capitall and interest upon interest, as it is said, and nothing to the said English but only their capitall of 48500. Piasters without any in­terest: his Most Christian Majesty upon complaint of that most shamefull distinction, ordained by his arrest or sentence of the 14. October 1632. that it should be proceeded to a new liqui­dation both by the said Monsieur de la Picardiere and Monsieur de Marcheville, which was sent into the Levant an Embassadour in stead of the said Monsieur de Ceri. And by that same arrest or sentence, the Consulls and commerce of the City of Marseille were put in possession of a Farme of 3. per centum established by his said Majesty for the acquitance of the said debts upon all the wares which should be brought from the Levant and Barbary into France, upon condition to acquit the said Monsieur de Ceri towards his Creditors and to pay them the summes which should be found due unto them.

And to the end the said liquidation should be made agreeable and pleasing to every one, his Most Christian Majesty caused many of his letters to be sent to the said Monsieur de Marche­ville and Monsieur de la Picardiere to intreat the Embassadours of Venice and Holland to be pre­sent therein, and to work jointly with them to the said liquidation, the Consulls of Marseille being present or duely called, which was done in such a manner, that the said Embassadours [Page 2]and the said Monsieur de la Picardiere after they had many and severall times heard the said Deputies of Marseille, the said Creditors and the English Embassadour for the said English gave many and severall judgements to the benefit of the said Creditors the tenth of January 1634. by which they confirmed the liquidation made in the yeare 1630. to the benefit of the others Cre­ditors, adjudged yet unto them more interests for the yeares 1631. 32 and 1633. And as for the English Merchants they regulated their principall and interests of the said three yeares to 64700. Piasters, and condemned the said Monsieur de Ceri to pay them the said summe.

And because by the said arrest or sentence of the Consull of the eleventh of October 1632, it was ordained that the Consulls of Marseille should acquit the debts of the said Monsieur de Ce­ri out of the mony of the said Farme, the said Embassadours did also condemne the said Con­sulls of Marseille to pay the said summe to the said English within six moneths to the acquit­tance of the said Monsieur de Ceri. And for the interest of the yeares 1621. 22. 23. 24. 25. 26. 27. 28. 29. and 1630. demaunded by the said English, they remitted them to the Councell of his Most Christian Majesty to be provided for.

In consequence of that Judgement the said English the 13. November 1637. caused the said Consulls of Marseille and other Farmors of the said Excise of 3. per centum to be called before the said Councell in the name of Rene Augier, their attorney, to see themselves condemned to pay them the said 64700. Piasters with the interest reserved by the said Judgement, and others expired and to expire, as also their charges and dammages, as possessors of the revenue of the said Farme established for payment of the said debts. But in stead of receiving any satisfaction after foure yeares pursuite (though their right had been recommended by this present Parlia­ment to his Majesty, and by him to the Most Christian King) Justice was absolutely denied unto them by the said Councell, as it may be justified by the certificate that the Earle of Leicester, then Embassadour extraordinary for his Majesty into France, delivered them under his hand the fourth of May 1642. a little after his returne into England.

And although the said interessed might in consequence of the said certificate appeale to this Parliament for the liquidation of their debt, and obtaine the meanes for their satisfaction, yet upon the alterations happened in the governement and administration of the affaires in the said Courts of France since the Cardinal of Richelieus death, they were adviced to trie once more the faire meanes. And to that effect Laurence Greene, the chief interessed in the said debts, have­ing repaired to Oxford under the warrant of the said Parliament, and from thence being come to Paris with letters from his Majesty of great Brittaine, directed to the Queene Regent mo­ther to the most Christian King, and having begun againe the former proceedings of this busi­nesse in the name of the said Augier, they were so far from receiving more satisfaction than before, that to the contrary, since the cōming of the said Rene Augier to Paris from both King­domes of great Brittaine there was an Arrest or sentence given in the said Councell the last of December 1644. which serves only but for to aggravate their grievances and to strengthen the said deniall of Justice, the tenour whereof followeth.

The King being in his Councell, the Queene Regent his mother present, hath declared and doth declare, that it is due to the said English Merchants by the Consulls, Communalty and commerce of the City of Marseille 48500. Piasters of one part, and 16200. Piasters for the inte­rest of the said principall summe and dammages suffered from the yeare 1630. to the tenth of July 1634. as it is mentioned in the said Judgement of the tenth of January in the said yeare. The said two summes amounting to 155280. Piasters after the rate of 48. solz for a Piaster: Hath excluded them of the demaund of the interest from the end of the yeare 1620. to the end of the yeare 1630. And in regard of the interest, charges and expences pretended by them from the tenth of July 1634. Hath adjudged them and doth adjudge 44800. Piasters, the said summes amounting together to 200000. Piasters, which shall be payed unto them in the City of Marseille by the hands of the Officer committed to the receipt of the price of the said Farmes of 3. per centum, established in the Scales of Levant, and his Successors in the said Office by preference, and out of the first mony comming from the price of the said Farmes, that are to be adjudged from the beginning of the first of February 1645. Neverthelesse after the payment made of 29915. Piasters, to which his Majesty hath liquidated the capitall and interest due to the said Monsieur de la Haye, according to the Arrest or sentence of the Councell of the 29. August. 1640. Given in the Councell of State of the King, his Majesty being there, the Queen Regent his mother present, holden at Paris the last day of December 1644. Subscribed L [...] Lomeni [...].

But the said Councell approving by that Arrest or Sentence the said Judgement, and con­fessing [Page 3]that the summe of 48500. Piasters is due in principall to the said English by the Con­sulls, Communalty and commerce of the City of Marseille, from the end of the yeare 1620. and 16200. Piasters for three yeares interest of the said summe, viz. From the end of the yeare 1630. to the tenth of July 1634. besides the reservation of the interest, charges and dammages made by the said Judgement, could not in equity, first, reckon the said 2. summes at 155280. Pia­sters after the rate of 48 solz for a Piaster: Secondly, Neither exclude the said English from the demaund of the other interest of the said principall, charges and dammages, pretended by them: Thirdly, Nor appoint that they should be payed of the price of the said Farmes, only after the first of February 1645. and after the payment made of 29915. Piasters to the said Monsieur de la Haye.

1. Because by that rekoning and reducing of Piasters into Livers Turnois after the rate of 48. solz for a Piaster, they intend to make them loose 32400. Piasters. which is a most unjust thing, for besides they have lent Piasters to Monsieur de Ceri and not Livers Turnois; and that then, for an example, the quarts d'Escus were worth but 16. solz a peece, which his most Christian Majesty hath since raised to 20. solz for the commoditie of the affaires of his Estate, the said English ought not to be wronged by that raising which is not their fact, but ought to be payed in Piasters or in quart d'Escus at 16. solz a peece after the course of the coyne at that time. But further his most Christian Majesty by his Arrest or sentence of the fourtenth of October 1637. having adjudged the Farme of three per centum established for their payment to Gaspard Guil [...]ermeire, hath adjudged also unto him the raising of the coynes for the summes, which were in the hands of the former Farmors about the time of his said Majesties Declara­tions in the behalf of the said coyne; which thing cannot be replied unto.

2. Because the said interests are of the same nature, and so lawfully due from the end of the yeare 1620. to the end of the yeare 1630. and from the tenth of January 1634. to the day of actuall payment, as from the end of the yeare 1630. to the tenth of January 1634. which is clearly seen by the said Judgement, in which the parties, yea, and the publike Ministers having charge from both sides, have said, written and produced contradictorily all that they could al­ledge without excluding the English from the said interests, which to the contrary were reser­ved by the said Judgements and constantly demaunded, and suited for, ever since the same, both by Sir Peter Wiche heretofore Embassadour for his Majesty in the Levant, and by the said Rene Augier, in so much as to adjudge them only 44800. Piasters in stead of the interests due unto them of the said capitall after the rate [...] 33. 25. 23. and 20 l. per centum interest upon in­terest from the yeare 1620. to the end of the yeare 1630. and from the tenth of January 1534. to the day of actuall payment which make above 21. yeares, it is a meere mo [...] [...]uch the more intolerable that the said summe of 44800. Prasters is reduced to 12430. Piasters by [...]nes of the said losse of 32430. Piasters that they intend to put upon the said English by the said re­duction of Piasters into Livres Turnois at 48. solz for a Piaster.

3. Because they could not in equity to the prejudice of the said English put to other use the mony already received from the said Farme, since it is expresly addicted to their payment, which Farme hath produced more than sufficient summes for all the said payments capitall and interests; Neither grant the said summe of 29915. Piasters to the said Monfieur de la Haye afore them, since he is none of Monsieur de Ceris Creditors, nor interessed in the said debts.

But to shew the injustice of the said Arrest or sentence, suppose the said English should have contented themselves with the said 200000. Piasters, with the conditions mentioned therein to be payed only from the beginning of the first day of February 1645. and after the aforesaid payment made to the said Monsieur de la Haye, and that they should have been willing to treat now with the Farmor for a ready payment, it is very certain that the interest to be abated for the advance, exchange, factoridge, and other charges and exceptions that the Farmor could al­ledge upon the delayes in receiving the mony of the said Farmes and other accidents and plau­sible pretences should have swallowed up a great deale more than the half of the said 200000. Piasters, which is as much unworthy as intolerable.

To which it may be added, that by meanes of the mony lent by the said English to the said Monsieur de Ceri to cause the aforesaid excise of two and a half per centum to be taken away, the French Nation did profit since 24 yeares at least of 25000. Piasters per annum. And that the English Subjects trading in France of wares of Levant, have constantly payed and do daily pay the aforesaid right of three per centum, so that what they have contributed to this present doth amount almost to so much as the interessed did pretend, which seemes very hard, that af­ter they have so usefully served the French Nation, the right of three per centum established for their relief doth become their ruine.

By all the aforesaid reasons, and yet much more by the acts of the Proces, the injustice of said Arrest or sentence doth evidently appeare, and that the said English (which have proceeded with all manner of respect and moderation both at Constantinople as the said Judgement doth testifie, and at the said Councell where they reduced their interest to the half of what they payd themselves in the said Levant to endeavour to make a friendly end of that businesse) are at this time very well grounded to complaine that the Turks, Jewes and Persians are without com­parison more considered and more equitably used in the Councell of France, than the English, and to demand thereupon that the Parliament would be pleased to liquidate their principall of 48500. Piasters with the interest of it after the rate of 33. 25. 23. and 20. for hundred per annum interest upon interest, as they have payed themselves and do daily pay according to the use of Pera by Constantinople from the yeare 1620. to the day of actuall payment. together with their charges, expences and dammages, susteined in that long and chargeable pursuite, and con­sequently to be pleased to grant them for their satisfaction such speedy meanes against the Marseillois and other Subjects of the most Christian King, as have been formerly granted to others of this Kingdomes Subjects in such extremity for the like oppressions.

FINIS.

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Text Creation Partnership. Searching, reading, printing, or downloading EEBO-TCP texts is reserved for the authorized users of these project partner institutions. Permission must be granted for subsequent distribution, in print or electronically, of this EEBO-TCP Phase II text, in whole or in part.