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cause_n	act_n	law_n	parliament_n	2,185	5	6.6353	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

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 Iapan and divers other parts of Asia Europe Africa and America Faithfully represented to both Houses of Parliament Reduced under four Principal Heads viz. I. The Discovery and Plantation of Barbadoes II. Their Vndertakings and Expeditions to the East-India China and Japan III. The Denyal of Iustice upon their civil Actions depending in Holland and Zealand IV. Their Loanes and Supplyes for the Service of the Crown upon the Collection of Fines and Compositions out of the Popish Recusants Estates c. Recollected out of the Original Writings and Records for publick Satisfaction London Printed in the Year 1679. To the Right Honorable the Lords Spiritual and Temporal And to the Honorable the Knights Citizens and Burgesses in Parliament Assembled Right Honorable and most Worthy Patriots THE following Narrative and Deduction of the several Cases gives a brief Account of the vast Improvement and Riches of England by Trade and Enterprises of those two famous Merchants Sir William Courten and Sir Paul Pyndar Knights Deceased who for their Publick Spirits and Loyalty had not their Equals in the Age they lived Their Names being as well known as their Memorable Actions throughout the World Their great disbursements upon several emergent Occasions and their Greater Losses occasioned by the unhappiness of the late troublesom Times when Iustice was not only Obstructed but perverted to their great prejudice and oppression Wherefore the Complaynants thought it most seasonable and convenient to give this following Relation of their Services and Sufferings and consequently of the Losses and Damages sustained by their Heirs Executors Administrators and Creditors which include many Hundred Families within the City of London and this Kingdom The causes of Complaint continuing so long are the more grievous under a Government so renowned for the Laws Liberties and Properties of the Subjects Yet since it is the Priviledg of English men to represent their Grievances in Parliament the Complaynants have modestly done it being ready with their Vouchers upon Record to justify every particular of their Charge promising to themselves in this Iuncture that the Cause of the Widdows and Fatherless may be heard and relieved It is very remarkable That the Ancestors of Sir William Courten fled out of Flanders into England for Protection of their Lives Liberties and Estates in the time of Queen Elizabeth from the Spanish Inquisition under Duke de Alva And that William Courten Esq was forced out of England to preserve himself from Want and Imprisonment And even his Son William Courten the Grand Child of Sir William constrained to live in Exile to escape the Prosecutions of his Fathers and Grandfathers Creditors inter alia for those very Moneys lent to supply King James and King Charles the First towards the Support of the King of Bohemia and Relief of Rochel and the Isle of Ree The several Abstracts of these following Cases being of very 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 through perusal and even to gratify himself with some remarques not vulgarly known Obliging thereby Among all the rest of the persons interessed and concern'd Your most Obedient and Devoted Servants Edward Graves Thomas Townesend Elizabeth Whitaker Iames Boeve Gilbert Crouch Thomas Norton Richard Powell Nath. Hill George Carew Thomas Coppin William Hinton Volentina Lloyd 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 Iapan and divers other parts of Asia Europe Africa and America Faithfully represented to both Houses of Parliament Reduced under four Principal Heads viz. I. The Discovery and Plantation of Barbadoes II. Their Vndertakings and Expeditions to the East-India China and Japan III. The Denyal of Iustice upon their civil Actions depending in Holland and Zealand IV. Their Loanes and Supplyes for the Service of the Crown upon the Collection of Fines and Compositions out of the Popish Recusants Estates c. As followeth viz. I. Barbadoes THAT Sir William Courten at his own proper Costs and Charges first Discovered Planted and Possessed the Island of Barbadoes before any Subject or Inhabitant belonging to any Nation or Kingdom whatsoever That he Fortified the said Island and expended 28600 l. sterling in Fortifications Buildings and settling Plantations before he had a Patent under the Great Seal of England for the Government thereof in the third year of King Charles the First which subjected the same to the Dominion of the King And being in the quiet Possession of the said Island for the space of two years and upwards had allotted out several Plantations to others under acknowledgments of Quit-Rents so that he could not be disseised thereof without manifest Injustice That by the Law of England The Heirs and Assigns of Sir William Courten retain a Freehold in the said Island according to the Original of all Propriety Notwithstanding Iames late Earl of Carlisle by an Arbitrary and pretended Power and Authority as Lord Proprietor of all the Carribee Islands in the year 1628. with his Complices Subjects of England entred the said Island of Barbados by force of Arms and spoiled Sir William Courten his Servants and Planters of their Lands Houses Fortifications and Possessions which Intrusion doth not create a Right to any that claim under the said Earl or others that got into Possession afterwards by Colour of his pretended Title The Honour of the King being to be preferred before the Profit of the King Bracton lib. 2. Cap. 2. de acquirendo rerum dominio si insula in Mari nata sit occupantis sic occupanti conceditur and the Book saith It is tantum divina natura aperante That these wrongs and oppressions have been divers times made appear both in matters of Fact and Law But in regard there was no Parliament held in England for the space of 13 years after the said Force and Injury committed Sir William Courten and his Son could not find any relief against the said Earl of Carlisle or his Agents and Complices the said Earl being so powerful with the chief Ministers of State at that time And by reason of other Spoils and Depredations committed upon Sir William Courten and his Son by the East India Company of the Netherlands hereafter particularly mentioned all further prosecution for satisfaction and reparation of Damages was suspended pro tempore That William Courten Son and Heir of the said Sir William fled into Italy where he died indebted to his own Creditors 64000

l. And as Heir and Executor to his Father in the Summ of 146000 l. more unto those Creditors contracted upon Accounts of the Linnen Trade Barbados and East India That several Addresses were made by your Complaynants between the years 1646 and 1660 to the Powers then in being setting forth Sir William Courtens Right and Title to the Barbadoes which were most evidently made out before several Committees of Parliament and other special Commissioners appointed to examine the same as by the Depositions of the first Planters and Servants of Sir William Courten ready to be produced may appear but the many Changes and Revolutions of Government in those days and the Domestick and Forreign Wars obstructed the determination of the said Cause In which Juncture several discontented persons prompted your Complaynants to transfer their Interest and Property in the said Island to some Foreign Prince then Mr. Kendal a chief Agent for the Planters that Claimed only by a bare possession indeavored to get an Act of Parliament to annex the said Island to the Crown of England and was willing to give a Considerable Summ of Money to your Complaynants for their concurrence in the same for the quieting of the Possessions to the said Planters and their Heirs for ever but meeting with some Opposition nothing proceeded farther than meer Proposals That since His Majesties most Happy Restauration your Complainants continued their Claim by several Addresses to the Council Board and the Parliament And the Lord Chancellor Hyde gave for Answer at the Council Board That the Complainants Right should be preserved but that they must have Patience until the Government of the said Island was settled and all matters compos'd between His Majesty and other Neighbouring Princes and States That the Lord Willoughby clayming a Lease of several Plantations in the said Island and the Government thereof under the pretended Title of the said Earl of Carlisle went over present Governor Whereupon your Complaynants rested in expectation of some seasonable time to be relieved upon the whole matter by the Justice of Parliament the Committee for Grievances seldom sitting in any Session of the last long Parliament dissolved in the Year 1678. and now Humbly hope the Cause of the Widdows and the Fatherless may be heard and such Sums of Mony raised out of the said Island in compensation of Sir William Courtens Original Costs Charges and Damages or in lieu thereof such a yearly Quit-Rent out of the Lands of the said Island forever as may be proportionable to the said Costs and Damages Many Families having raised great Estates out of the Ruins of the said Sir William Courten his Right and Property II. East-India Expeditions IN the second place it is Humbly represented That whereas King Charles the first being truly informed in the year 1635. by Captain Iohn Weddal and Nathaniel Mountney Merchants who formerly had been in the East-India Companies Service That since the erection of that Company notwithstanding the manifold Priviledges granted them They neither had so Planted nor Settled Trade in those parts nor Fortified themselves in any places of Strength as might secure and encourage others in Future times to Adventure and Trade thither whereas the Portugeeze and Dutch had Planted and Fortified themselves so considerably That they were likely to establish a Rich and Lasting Trade in those parts of the World for the good of their Posterity and by the advantage of which Improvements they not only rendred the English Subjects Trading there lyable to their Insolencies and frequent Injuries but in a manner had beaten them out of that Trade which usually had employed the Shipping of England and vented great quantities of English Manufactures Whereupon his Majesty gave a special Commission and Charter under the great Seal of England to Sir William Courten Endimion Porter Thomas Kynaston Captain Weddal Mr. Mountney and their Partners and Adventurers with them in the Eleventh Year of His Reign to fit out Ships for Trading Voyages to Traffick with a Joynt Stock in several Goods Moneys and Merchandizes to Goa the parts of Mallabar the Coasts of China and Iapan and divers other parts adjacent in which Joynt Stock Sir Paul Pindar advanced the Summ of 36000 l. at several times In pursuance of this Grant the said Sir William Courten and Company settled several Factories at Maccao Carwarr and other Places on the Coast of India and freighted from thence the good Ships named the Draggon Catharine and William which were as hath been made appear by many Circumstances destroyed Men and Ships by the Dutch homewards bound with Goods to the value of 150000 l. Sterling for which the Lord St. Iohns being sent in the late Troublesom Times in Quality of an Embassador to the States General Demanded Satisfaction at the Hague with Interest for the same That divers others of Courten and Companyes Ships escaping the Danger of the Seas and some Rencounters with the Dutch returned Safely home Afterwards the Ship Bona Esperanza loaden with Goods Monys and Merchandize bound from Goa to Maccao was in a Hostile manner in the year 1643. seized in the Streights of Mallacca by the Men of War belonging to the East India Company of the Netherlands who converted the said Ship and Goods to their own use designedly to spoyl the Trade of Sir William Courten and Partners and destroy their Factories in India In the same Year the said Dutch Company took into their Possession another of Courtens Ships called the Henry bona Adventura with her loading which they also converted to their own use to the Damage of Courten and Company 75000 l. Sterling whereof Proof being made in the High Court of Admiralty The Complaynants made their Addresses to the Lords and Commons in Parliament in the Year 1646. for relief Setting forth the Circumstances of the said spoils and depredacions and that they were done in time of Peace contrary to the Laws of common Amity and Alliance between both Nations and that the Dutch East India Company had refused to make Satisfaction and Reparation of the Damage Whereupon a War followed in the nature of General Reprize between the Commons of England and the States General which continued for several years till at last Oliver Cromwel having Usurped the Government made a sudden and disadvantagious Peace for his own present Security with the said States in the Year 1654. taking only 84000 l. for the Spoils and Barbarous Murthers committed by the Officers and Ministers of the Dutch East India Company at Amboyna referring the satisfaction for the loss and value of the said two Ships Bona Esperanza and Henry bona Adventura to the Arbitrament of the Protestant Cantons of Switzerland who were not only to compose that difference of the said two Ships but all other Spoils and Dammages that the Dutch had committed upon the English ever since the Year 1611. But the said Cantons refusing to undertake or meddle therein all things remained in statu quo Soon after the said