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A41836 A brief narrative and deduction of the several remarkable cases of Sir William Courten, and Sir Paul Pyndar, Knights, and William Courten late of London Esquire, deceased their heirs, executors, administrators and assigns, together with their surviving partners and adventurers with them to the East-Indies, China and Japan, and divers other parts of Asia, Europe, Africa and America : faithfully represented to both houses of Parliament. Graves, Edward. 1679 (1679) Wing G1605; ESTC R39444 18,876 18

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Provided also and be it Enacted That this Act or any Declaration Provisoe Disablement Penalty Forfeiture or other thing before mentioned shall not extend to any Commission Grants Letters Patents or Priviledges heretofore made or hereafter to be made of for or concerning the digging compounding or making of Allom or Allom Mines But that all and every the said Commissions Grants Letter Patents and Priviledges shall be and remain in like force and effect and no other as free from the Declarations Provisoes Penalties and Forfeitures contained in this Act as if this Act had never been made In Hillary Term 9 Carol. prim Edmund Earl of Mulgrave and others levy a Fine to the King and his Heirs and Successors of the Castle and Mannor of Mulgrave and of all the Lands and Tenements in and belonging thereunto formerly granted to the Ancestors of the said Earl by Queen Elizabeth Primo Martij 9 Carol. prim the King being seized in Fee of the said Mannor of Mulgrave with the Allom Mines and Allom Works did by his Deed Indented Demise the same Allom Mines and Allome Works within the said Mannor of Mulgrave to Sir Iohn Gibson Knight Trustee for the Earl of Strafford his Executors and Administrators for 31 years after the expiration of the Lease of 12 years to Sir Paul Pyndar and William Turnor under the yearly Rent of 12500 l. whereof 10860 was to be paid to the King and 1640 l. to the Trustees of the Earl of Mulgrave Then the King 4th of March 9 Carol. prim by his Letters Patents did Grant to the said Edmund Earl of Mulgrave and his Heirs the said Mannor of Mulgrave reserving the Rents for the Allome Works In the year 1640 the Earl of Strafford and Sir Iohn Gibson assign over the remainder of their Lease of 31 years to Sir Paul Pyndar upon a valuable consideration which expired Anno 1668. And the said Allome-Works were accordingly injoyed and the Rents paid and his Majesties Title and Interest to the said Allom-Works never questioned by any Parliament since Allom was first made in England but on the contrary Protected and Strengthned by them until the year 1647. The then Earl of Mulgrave being very powerful in the House of Lords and the Ruling Members of the House of Commons made it his business to destroy the Kings Grant for the sole making and vending of Allom and those Priviledges and Liberties in the Letters Patents under the notion of a Monopoly And consequently made his Addresses by Complaint to both Houses of Parliament whereupon concurrent Votes passed that the said Letters Patents Granted to Sir Iohn Gibson for the sole making and Sale of Allome were Illegal and Void and that the same and all Assignments of them should be called in and cancelled notwithstanding King Iames expended 120000 l. in accomplishing the said Art and Manufacture without any regard to the Provisoe aforesaid Then he also procured an Order in the Lords House 4 th of May 1648. that the said Earl should enter into and upon all the said Allom Works Mines and Houses and should take the profits of them from March 31 1648 by force whereof he entred and took possession of all the Materials Works and the Kings Stock Sir Paul Pyndar being so outed by Votes and Orders without any proceedings at Law or any thing passed into an Act depended upon the Kings Grant and the equity of his Cause having advanced many considerable Sums of money upon that Account into the publick receipt of the Exchequer IT is to be remarqued that Sir Paul Pyndar paid the Rent of 1640 l. yearly to the Earl of Mulgrave and his Trustees to the time of those Votes and Resolves in Parliament notwithstanding the interruption of making Allome during the War and had also paid the Crown Rent of 10860 l. before hand to that time although the soyl of the Land whereupon the Allome-Works were erected and the Mines or Rocks imployed were not worth 40 l. per annum That the Earl of Mulgrave and his Trustes enjoyed the said Works Materials Mines and Rocks and made Allome during the remainder of Sir Paul Pyndars Assignment of Sir John Gibsons Lease out of which in equity Sir Paul Pyndar ought to have been repayed all those sums of money due from the Crown upon that Allom Account according to the Conditions and Covenants by way of allowances and defalcations contained in the Letters Patents to Sir John Gibson and his Assigns which do amount unto the summ of 55301 l. 18 s. 6 d. as by a stated Accompt under the hands of Auditor Bingley and Auditor Beale in the Year 1647 delivered to the Committe of the Revenue appears And the Earl of Mulgrave and Sir John Monson having made 15301 Tun of Allom during Sir Paul Pyndars Lease by which means they raised a very considerable Estate that in Iustice and Equity stands accomptable and chargeable to the Administrators and Assigns of Sir Paul Pyndar for that no Act of Oblivion hath taken away Sir Paul Pyndars Right neither did he forfeit the same It is very observable that neither the Heirs Executors or Administrators of Sir William Courten and Sir Paul Pyndar or either of them have at any time since the Kings Restauration received any kind of Preferments Favors or Advantages from the Crown otherwise than the Letters Patents for the recovery of 151612 l. Sterling from the States General and their Subjects who pretend they have satisfied the King Postscript Several Weighty Considerations upon the Letters Patents for special Reprisals against the States General and their Subjects THE said Patent being grounded upon the Laws of Nations and upon several Acts of Parliament Statutes of this Realm the King was not deceived in his Grant it being consistent with Prerogative and Law to resort unto Letters of Reprisal in times of Peace without any breach of Amity and Alliance where the parties will not give satisfaction And if a particular Debt so established should be Sacrifized for a publick Peace all Circumstances aforesaid considered its most reasonable that the private loss should be recompenced out of the publick Purse and of this there are divers Presidents and Examples otherwise it will revive again Treaties of Peace being mutually and reciprocally binding if either party breaks one link the whole Chain falls to the ground and sets the other party at liberty By the I. and V. Articles of the Treaty Marine concluded at London between the King and the States General on the first day of December 1674. grounded upon the IX Article of the last Peace for a Free and undisturbed enjoyment of Trade and Navigation and to take away all differences by Sea and Land it was agreed That it shall and may be lawful for every of his Majesties Subjects freely and safely to Sail and Trade in all Kjngdoms States and Countries in Peace Amity or Neutrality with the King of Great Britain so that they shall not be hindred or any way molested in their
Navigation and Trade by any Military Forces nor by the Ships of War or Vessels whatsoever belonging to the States General or their Subjects and being entred into any Road or Port under the Obedience of the said States towards their Voyage they shall not be obliged to pay any Toll or Custom only shew their Passports to what places they are bound and from whence they came Notwithstanding all this some of the Complaynants have been stopt by a Man of War near Lillo by the Military Forces of the States upon that Ancient and Navigable Stream the Scheld since the said Treaty and their Voyage from England to Antwerp spoiled contrary to the said Treaty Marine and to the Ancient Treaty with the Dukes of Burgundy whereas the States General themselves do claim their freedom of Fishing upon the English Coast under the XIV Article of the same Treaty concluded between Henry the 7th and Philip Duke of Burgundy in these Words Poterunt ubique ire Navigare per mare secure piscari absque aliquo impedemento licentia sen salvo conducto c. And why the Freedom of Trade shall not be open for English men from London to Antwerp as for Hollanders from Amsterdam to Hull or Bristoll but be forced to unlade their Goods and lade them again at Flushing or Rotterdam and from thence to Antwerp to the Damage of his Majesties Subjects 200000 l. per annum is a question fit for the Parliament to resolve And why the Hollanders and Zealanders are suffered to keep those two small Islands called Stacia and Sabia near St. Christophers purposely to take in Goods there from the English Plantations and Transport them into their own Provinces without touching in England contrary to the Act of Navigation is a National Concern fit for the Parliaments Inspection and Reformation FINIS A Copy of Letters Patents for Especial Reprisals from the King of Great Britain under the Great Seal of England against the States General and their Subjects Inrolled in the High Court of Chancery 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 belonging to 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 Voyage 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 Bonadventure 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 Addresses of Francis Carl of Shrewsbury and William Courten Esq Grand-child 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 Baron 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 Baron 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 been 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 Admiralcy Court of England upon Our Command to certify to Us the value of the Losses and Dammages sustained by the said William Courten and Partners whose Interest 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 despailed 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 Council 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 equipp 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