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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A34069 Fraud and violence discovered and detected, or, A remonstrance of the interessed in the ships Bona Esperanza and Henry Bona Adventura of London with a narrative of the proceedings in the case (depending before the States General of the Seven United Provinces) between the assignes of William Courten and the East-India Company of the Netherlands : also, several reasons and arguments for the speedy decision of differences (by amicable conferences of state) arising upon depredations and spoyls / by George Carevv ... Carew, George, Esq. 1662 (1662) Wing C547; ESTC R37177 153,652 157

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Surety standeth bound to several persons for several great summes of Money and the said William Courten is willing to secure the said Sir Edward Littleton his Heirs Executors and Administrators and to save him and them harmless concerning the same Now This Indenture witnesseth that the said William Courten in consideration of the premises and for divers other good causes and considerations him thereunto moving hath given granted bargained and sold and by these presents doth give c. unto the said Sir Edward Littleton those his two Ships called the Paradox and Hester with their Appurtenances Stock and Stocks Merchandizes Assurances and all his Part and Parts Portion and Portions of all Fraight and Fraights Eoods Ladings Wares Returns or Proceeds whatsoever arising or growing out for or in respect of any Parts and Shares which he the said William Courten hath in the Loyalty the Bona Esperanza the Henry Bona Adventure the Unity and the Planter to have hold and enjoy the said Ships and Premises and all the Estate Right Title Interest Claim and Demand whatsoever of him the said William Courten of in and to the same unto the said Sir Edward Littleton c. for evermore with a Covenant therein against all former Incumbrances Provided alwayes that if the said William Courten his Heirs Executors or Administrators or any of them shall or do within the space of Seven and twenty moneths next ensuing the date of the said Indenture pay and satisfie all and every sum and sums of Money for which the said Sir Edward Littleton stands bound with the said William Courten unto such person or persons unto whom the same are or shall be due and do from time to time and at all times hereafter save harmless the said Sir Edward Littleton c. from all manner of Suits Troubles c. by reason of the same That then this present Indenture and Bill of Sale to be void And it is agreed expressed and declared that in case the said Sir Edward Littleton c. shall at any time be damnified concerning the premises or any part of the said Debts that then it shall and may be lawful for the said Sir Edward Littleton c. to grant assigne and set over the said Ships Goods Adventures or any part or portion thereof to any person or persons whatsoever for the payment and discharge of the said Debt and the surplus to be accompted to the said William Courten c. In witness c. Sir Paul Pindar having continued his money at Interest in the hands of Mr. Courten for the space of Five years upon the personal security of Mr. Courten and Samuel Bonnell there being then due to him for the forbearance thereof the summe of 4800 l. Sir Paul Pindar pressed for further security and at length prevailed with Mr. Courten and Sir Edward Littleton for satisfaction of the said Debt to make a Grant or Bill of Sale of the said Ships in manner and form following viz. By an Indenture tripartite bearing date the 19 of December 1642. made between the said William Courten of the first part Sir Edward Littleton of the second part and Sir Paul Pindar of the third part reciting the Letters Patents from the King the several names of the Ships with their Burthens and Lading Polices of Assurances and the Consideration of Mr. Courten's former Grant to Sir Edward Littleton of the 26 of Aprill last with the Provisoe contained therein as aforesaid and then mentioning the perticular sums of money that William Courten and Samuel Bonnell stood ingaged by several Bonds to Sir Paul Pindar with their dates and times of payment being accompted up Principal and Interest together amounting to 28800 l. And that for 4000 l. thereof 200 Bags of Pepper was sent upon Sir Paul Pindar's accompt to Ligorne there remaining only due unto Sir Paul Pindar the sum of 24800 l. In consideration whereof and for better security the said William Courten and Sir Edward Littleton granted bargained and sold the said Ships the Loyalty the Hester the Bona Esperanza the Bona Adventure the Unity the Paradox and the Planter with all the Fraights Adventures Returns Polices of Assurances and other Proceeds whatsoever and all the Right Title Interest Estate Claim and Demand of them the said Sir Edward Littleton and William Courten to Sir Paul Pindar c. as his and their owne proper Goods and Chattels for evermore with Covenants that they were free from Incumbrances c. according to the Laws of Oleron In which Indenture tripartite was also contained a Provisoe That the said Sir Edward Littleton and his Assigns should and might order and dispose of the Returns and Proceeds of the premises First for the payment of Sir Paul Pindar out of the Loyalty 5000 l. out of the Hester 4000 l. out of the Bona Esperanza 3000 l. out of the Bona Adventure 2500 l. out of the Unity 2500 l. out of the Paradox 2000 l. and out of the Planter 5800 l. at certain days after the Returns of the said Ships the Surplus to satisfie the Engagements of Sir Edward Littleton And it was agreed that in case any of the said Sums of Money should be behind and unpaid that it should be lawful for Sir Paul Pindar to pay himself out of the Goods and Merchandizes upon the Returns with Costs and Damages and accompt to Sir Edward Littleton for the overplus And it was also agreed that in case of Shipwrack Sir Paul Pindar should not suffer any loss or damage but that he should and might sue the Polices of Assurances and be accomptable also for the overplus to Sir Edward Littleton towards discharge of the Debts he stood Ingaged with William Courten as aforesaid In witness c. As additions to Mr. Courten's Misfortunes the Civil Wars broke out in England soon after he set forth these last Ships which gave the East-India Company of the Netherlands further advantages to dispoil him and his Friends that assisted him in his reputation And about the Month of January 1643. the Henry Bona Adventure being laden with Pepper and other Indian Wares bound homewards for England was driven upon the Island Mauritius by distresse of weather where the Dutch under a pretence of helping the Master and Seamen to save the goods seised and possessed themselves of Ship Tackle Ammunition Merchandize and Provisions and converted the same to the use of the said East-India Company and Adriaen Vanderstell the Governour of the Island sent away the Master and Mariners without any manner of succour or relief to the dammage of Mr. Courten and the rest of the interessed the summe of 10000 l. and upwards And about the Month of June 1643. the Bona Esperanza making a Trading Voyage from Goa to Maccao in the Straights of Malacca was violently set upon by two Dutch Ships Men of War belonging to the said Company called the Vendillo and the Portogallo whereof Signior Fermeren and Signior Gealand with the Lieutenant of the Fort at