FACTUM, For the English Merchants, interessed in the debts contracted in the Levant by the Earl of Cery heretofore Ambassador for the Most Christian King at Constantinople.  
Against the Arrest or Sentence of the said King's Council, given at Paris the last day of December 1644.  
IN the year 1620. the said Monsieur de Ceri having borrowed of the said interessed, and afterwards of several Merchants, French, Flemish, Turks, Persians, and Jews, divers sums of money, 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 wars, brought from those parts into France by the French, by means of those borrowed sums caused the said Excise to cease; and by his reckoning remained Debtor to the said English of the sum of 48500. Piastres or Dollars in capital, which still is due unto them with the interests of it from the said year 1620. after the rate of 33. 25. 23. and 20. for hundred per annum interest upon interest, according they have paid themselves after the use of Pera by Constantinople, and as his Most Christian Majesty hath adjudged and caused to be paid to the rest of the said Creditors of the said Monsieur de Cery viz, to the Turks, Jews, Persians, and others 33. 25. and 23. per. centum, not only of their capital, but also of their interests gathered with the principal, 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 sums) 20. for hundred per annum, of which he was really paid.  
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 capital and interests, were forced many times to address their complaints since the year 1622. to the Most Christian King, deceased, by the Ambassadors and Agents of his Majesty, which from time to time did remain in the Court of France; and that having complained among others, of an unjust liquidation made by the said la Picardiere in the year 1630. by which he adjudged to the Turks and others Creditors aforesaid their capital and interest upon interest, as it is said, and nothing to the said English but only their capital of 48500. Piastres without any interest: his Most Christian Majesty upon complaint of that most shameful 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 Ambassador in stead of the said Monsieur de Ceri. And by that same arrest or sentence, the Consuls and commerce of the City of Marseille were put in possession of a Farm of 3. per centum established by his said Majesty for the acquittance 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 sums 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 entreat the Ambassadors of Venice and Holland to be present therein, and to work jointly with them to the said liquidation, the Consuls of Marseille being present or duly called, which was done in such a manner, that the said Ambassadors and the said Monsieur de la Picardiere after they had many and several times heard the said Deputies of Marseille, the said Creditors and the English Ambassador for the said English gave many and several judgements to the benefit of the said Creditors the tenth of January 1634. by which they confirmed the liquidation made in the year 1630. to the benefit of the others Creditors, adjudged yet unto them more interests for the years 1631. 32 and 1633. And as for the English Merchants they regulated their principal and interests of the said three years to 64700. Piastres, and condemned the said Monsieur de Ceri to pay them the said sum.  
And because by the said arrest or sentence of the Consul of the eleventh of October 1632, it was ordained that the Consuls of Marseille should acquit the debts of the said Monsieur de Ceri out of the money of the said Farm, the said Ambassadors did also condemn the said Consuls of Marseille to pay the said sum to the said English within six months to the acquittance of the said Monsieur de Ceri. And for the interest of the years 1621. 22. 23. 24. 25. 26. 27. 28. 29. and 1630. demanded by the said English, they remitted them to the Council of his Most Christian Majesty to be provided for.  
In consequence of that Judgement the said English the 13. November 1637. caused the said Consuls of Marseille and other Farmers of the said Excise of 3. per centum to be called before the said Council in the name of Rene Augier, their attorney, to see themselves condemned to pay them the said 64700. Piastres with the interest reserved by the said Judgement, and others expired and to expire, as also their charges and damages, as possessors of the revenue of the said Farm established for payment of the said debts. But in stead of receiving any satisfaction after four year's pursuit (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 Council, as it may be justified by the certificate that the Earl of Leicester, than Ambassador extraordinary for his Majesty into France, delivered them under his hand the fourth of May 1642. a little after his return into England.  
And although the said interessed might in consequence of the said certificate appeal to this Parliament for the liquidation of their debt, and obtain the means for their satisfaction, yet upon the alterations happened in the government and administration of the affairs in the said Courts of France since the Cardinal of Richelieus death, they were advised to try once more the fair means. And to that effect Laurence Greene, the chief interessed in the said debts, having repaired to Oxford under the warrant of the said Parliament, and from thence being come to Paris with letters from his Majesty of great Britain, directed to the Queen Regent mother to the most Christian King, and having begun again the former proceed of this business in the name of the said Augier, they were so far from receiving more satisfaction than before, that to the contrary, since the coming of the said Rene Augier to Paris from both Kingdoms of great Britain there was an Arrest or sentence given in the said Council the last of December 1644. which serves only but for to aggravate their grievances and to strengthen the said denial of Justice, the tenor whereof followeth.  
The King being in his Council, the Queen Regent his mother present, hath declared and doth declare, that it is due to the said English Merchants by the Consuls, Communality and commerce of the City of Marseille 48500. Piastres of one part, and 16200. Piastres for the interest of the said principal sum and damages suffered from the year 1630. to the tenth of July 1634. as it is mentioned in the said Judgement of the tenth of January in the said year. The said two sums amounting to 155280. Piastres after the rate of 48. solz for a Piastre: Hath excluded them of the demand of the interest from the end of the year 1620. to the end of the year 1630. And in regard of the interest, charges and expenses pretended by them from the tenth of July 1634. Hath adjudged them and doth adjudge 44800. Piastres, the said sums amounting together to 200000. Piastres, which shall be paid unto them in the City of Marseille by the hands of the Officer committed to the receipt of the price of the said Farms of 3. per centum, established in the Scales of Levant, and his Successors in the said Office by preference, and out of the first money coming from the price of the said Farms, that are to be adjudged from the beginning of the first of February 1645. Nevertheless after the payment made of 29915. Piastres, to which his Majesty hath liquidated the capital and interest due to the said Monsieur de la hay, according to the Arrest or sentence of the Council of the 29. August. 1640. Given in the Council 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 Council approving by that Arrest or Sentence the said Judgement, and confessing that the sum of 48500. Piastres is due in principal to the said English by the Consuls, Communality and commerce of the City of Marseille, from the end of the year 1620. and 16200. Piastres for three year's interest of the said sum, viz. From the end of the year 1630. to the tenth of July 1634. besides the reservation of the interest, charges and damages made by the said Judgement, could not in equity, first, reckon the said 2. sums at 155280. Piastres after the rate of 48 solz for a Piastre: Secondly, Neither exclude the said English from the demand of the other interest of the said principal, charges and damages, pretended by them: Thirdly, Nor appoint that they should be paid of the price of the said Farms, only after the first of February 1645. and after the payment made of 29915. Piastres to the said Monsieur de la hay.  
1. Because by that reckoning and reducing of Piastres into Livers Turnois after the rate of 48. solz for a Piastre, they intent to make them lose 32400. Piastres. which is a most unjust thing, for besides they have lent Piastres to Monsieur de Ceri and not Livers Turnois; and that then, for an example, the quarts d'Escus were worth but 16. solz a piece, which his most Christian Majesty hath since raised to 20. solz for the commodity of the affairs of his Estate, the said English ought not to be wronged by that raising which is not their fact, but aught to be paid in Piastres or in quart d'Escus at 16. solz a piece after the course of the coin at that time. But further his most Christian Majesty by his Arrest or sentence of the fourteenth of October 1637. having adjudged the Farm of three per centum established for their payment to Gaspard Guil●ermeire, hath adjudged also unto him the raising of the coins for the sums, which were in the hands of the former Farmers about the time of his said Majesty's Declarations in the behalf of the said coin; 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 year 1620. to the end of the year 1630. and from the tenth of January 1634. to the day of actual payment, as from the end of the year 1630. to the tenth of January 1634. which is clearly seen by the said Judgement, in which the parties, yea, and the public Ministers having charge from both sides, have said, written and produced contradictorily all that they could allege without excluding the English from the said interests, which to the contrary were reserved by the said Judgements and constantly demanded, and suited for, ever since the same, both by Sir Peter Wiche heretofore Ambassador for his Majesty in the Levant, and by the said Rene Augier, in so much as to adjudge them only 44800. Piastres in stead of the interests due unto them of the said capital after the rate 〈◊〉 33. 25. 23. and 20 l. per centum interest upon interest from the year 1620. to the end of the year 1630. and from the tenth of January 1534. to the day of actual payment which make above 21. years, it is a mere more 〈…〉 ●uch the more intolerable that the said sum of 44800. Prasters is reduced to 12430. Piastres by ●●nes of the said loss of 32430. Piastres that they intent to put upon the said English by the said reduction of Piastres into Liures Turnois at 48. solz for a Piastre.  
3. Because they could not in equity to the prejudice of the said English put to other use the money already received from the said Farm, since it is expressly addicted to their payment, which Farm hath produced more than sufficient sums for all the said payments capital and interests; Neither grant the said sum of 29915. Piastres to the said Monfieur de la hay afore them, since he is none of Monsieur de Ceris Creditors, nor interessed in the said debts.  
But to show the injustice of the said Arrest or sentence, suppose the said English should have contented themselves with the said 200000. Piastres, with the conditions mentioned therein to be paid only from the beginning of the first day of February 1645. and after the aforesaid payment made to the said Monsieur de la hay, 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 allege upon the delays in receiving the money of the said Farms and other accidents and plausible pretences should have swallowed up a great deal more than the half of the said 200000. Piastres, which is as much unworthy as intolerable.  
To which it may be added, that by means of the money 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 years at least of 25000. Piastres per annum. And that the English Subjects trading in France of wares of Levant, have constantly paid 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 seems 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 ruin.  
By all the aforesaid reasons, and yet much more by the acts of the Process, the injustice of said Arrest or sentence doth evidently appear, and that the said English (which have proceeded with all manner of respect and moderation both at Constantinople as the said Judgement doth testify, and at the said Council where they reduced their interest to the half of what they paid themselves in the said Levant to endeavour to make a friendly end of that business) are at this time very well grounded to complain that the Turks, Jews and Persians are without comparison more considered and more equitably used in the Council of France, than the English, and to demand thereupon that the Parliament would be pleased to liquidate their principal of 48500. Piastres with the interest of it after the rate of 33. 25. 23. and 20. for hundred per annum interest upon interest, as they have paid themselves and do daily pay according to the use of Pera by Constantinople from the year 1620. to the day of actual payment. together with their charges, expenses and damages, sustained in that long and chargeable pursuit, and consequently to be pleased to grant them for their satisfaction such speedy means against the Marseillois and other Subjects of the most Christian King, as have been formerly granted to others of this Kingdom's Subjects in such extremity for the like oppressions.  
FINIS.