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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A59371 Several advertisements concerning the services and sufferings of Sir William Courten, and Sir Paul Pyndar, for the Crown of England 1680 (1680) Wing S2748; ESTC R37377 5,874 4

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Majesty as Lord Proprietor yet to this day no Restitution or Reparation hath been made either by the King or the Planters to the Heirs or Executors of Sir William Courten for the Right and Property in the Spoyl or the Original Costs and Damages of the first Discovering Fortifying and Planting the said Island but the said Duty is let out to Farm to John Stroud Esq and others for 6000 l. per annum which is applyed to other uses that naturally belongs to the Heirs and Creditors of Sir William Courten THat several Spoyls and Depredations being Committed by the chief Officers belonging to the East-India Company of the Netherlands upon the Ships and Factories of Sir William Courten Sir Paul Pyndar and their Partners in the East-India's a particular Agreement was made in a Treaty of Common Alliance between the King of Great Brittain and the States General in the year 1662. That intire satisfaction and reparation should be made in an amicable way for the two Ships named the Bona-Esperanza and Henry Bona-Adventura with their Ladings wrongfully Seized and converted to the use of the said East-India Company which was Earnestly Solicited at the Hague and Amsterdam two years together after the said Treaty by Orders from the King and Council to Sir George Downing his Majesties Envoy Extraordinary who controverted all the Points and answered all the Objections concerning the same ☞ in Conferences with the Deputies of the States General and Mr. Peter Vandam the Advocate of the East-India Company Yet nothing could take Effect any further then an offer of 200000 Gilders for all the said Spoyls and Depredations That upon further application to his Majesty the Debt and Damages for th● said Spoyls and Depredations were stated and ascertained upon His Majesties Command by the Iudge of the Admiralty Whereupon an especial Grant b● Letters Patents passed the Great Seal of England the 19th of May 1665. to S●… Edmond Turnor Knt. and George Carew Esq their Executors Administrators an● Assigns on the behalf of all Persons interessed to Reprize and Recover t●● said Debt so Liquidated amounting to the sum of 151612 l. With all Costs an● Damages incident to the recovery thereof His Majesty Expresly declaring in the said Letters Patents that the said Grant should continue and remain Effectual in the Law for that end and purpose Notwithstanding any Alliance or Correspondence whatsoever afterwards to be made between the King and the States General The Proprietors and Creditors being numerous and holding themselves to be secured by the common Law of England by Virtue of the said Grant passing of common Right wherein they were vested with an Interest coupled with an Authority to recover the said Debt as the Law directs Whereupon a third part thereof was Assigned to John Brown Gent. and John Graham Esq in the Month of May 1666. under the same Conditions and Limitations contained in the original Grant Inrolled in Chancery with power to recover the same for the benefit of themselves and divers other Creditors mentioned in a schedule thereunto annexed who delivered up their Bonds accordingly Thereupon several small Frigats were set forth in the year 1666. to Reprise their proportionable share of the said Debt and Damages but it being in time of War several common Claymers appeared so most part of the Ships and Goodstaken were discharged by the Court of Admiralty upon account of Flemings Hamburgers c. And the rest would not satisfie the Incident Costs and Expences Wherefore they desisted until a more seasonable opportunity in time of Peace Then it happned in the Month of June 1667. that a Treaty of Peace and Common Alliance was concluded at Breda between the King and the States General wherein it was mentioned that all Letters of Marque and Reprizals ought to be comprehended and made void That in the year 1672. upon new Differences between the King and the States General the said Treaty at Breda was by His Majestie Declared Null and Void The Proprietors and Creditors then applyed themselves to the King and Council in this singular Case of the said Ships for further redress being the only matter Liquidated and Established under the Great Seal of England Whereupon His Majesty also declared that he would insist upon intire Satisfaction and Reparation and gave Instructions to his Embassadors and Plenipotentiaries accordingly reciting the Debt stated and the Letters Patents aforesaid Affirming also that in this case he would take care to Protect his Subjects in their just Rights as well as to assist them in the recovery thereof THat in the year 1673. A Peace and Common Allyance was concluded at London between the King and the States General upon an agreement made amongst other things that 800000 Pattaccoons should be payed to his Majesty at four equal payments in four years Leaving the Debt and Damages of the Bona-Esperanza and Henry Bona-Adventura still open at large without any mention thereof in the said Treaty since violated by the Hollanders The Ministers of State forgetting the Honour and Interest of the King and Kingdom Confirmed the Treaty at Breda lately declared absolutely void that was attended with the Dishonourable circumststances of Chatham where the Kings Ships were Burnt during that Treaty by an ungrateful People that live upon the Spoyles of all Nations Then the Proprietors and Creditors concerned in the Loss and Damages of the said Ships caused new Addresses to be made at the Hague Amsterdam and White-Hall with Protests that if some considerable part of the Pattacoons were not payd to the Proprietors and Creditors towards their satisfaction then should be necessitated suddenly to put the said Letters Patents in Execution for Reprizals according to the Laws and Statutes of England Yet nevertheless the first fourth part of the said Pattacoons were presently Assigned to Alderman Backwel for other Services and the three remaining parts to the Prince of Orange yet unsatisfied by the States upon pretence of old Debts due to his Father and Grand-Father from the late King of England and no part of the said Pattacoons for the Proprietors and Creditors concern'd in the Bona-Esperanza and Bona-Adventura that had ushered in so many Millions of Pounds Sterling for His Majesties service and the good fortune of the said Prince of Orange by the Benefit and Advantage of all the English Bloud and Treasure spent in restoring him to the Honours Profits and Offices of his Ancestors as Statholder c. THat in the Month of September 1676. The States of Holland were so presumptious upon the request of Jacob Pergens of Amsterdam a free Denizen of England to send their Express Order in an Arbitrary way to the ordinary Courts of Iustice in Amsterdam and the Supreme Court of Iuditcture at the Hague where several Actions were depending and ready for Sentences against the said Jacob Pergens and the Heirs and Executors of Peter Boudaen to stop the course of Law and Equity against all Sence and Reason upon Civil Contracts Obligations Bills of Exchange and Merchants Accompts for Goods and Monies trusted into their Hands by Sir William Courten Sir Paul Pyndar and William Courten Esq to the value of 134000 l. Sterling Prohibiting the Iudges of the said respective Courts from all further proceedings at Law or to give any Iudgement in the said Causes upon pretence that all particular and Personal actions whatsoever were discharged and released by the Treatyes concluded at Breda and at London between the King and the States General The Persons interested and oppressed by such apparent breaches of the Laws of Common Amity and Allyance First appealed from the said Arbitrary Order to the States General who answered that they could not intermeddle therein the States of Holland being Soveraigns in their own Province In the Month of July 1677. the Proprietors and Creditors appealed up their Petition to the King and Council for relief against the States of Holland by Reprizals if Iustice could not be obtained by his Majesties Letters of Recommendation to the said States For which Letters they Humbly Prayed Whereupon two Orders of Council were made the 24 of July that the Complainants should be heard on the 10th of October 1677. But to this day no Hearing or other Relief whatsoever could be obtained About the Month of April 1680. The Creditors under Mr. Brownes Assignment upon the account of the Bona Esperanza prepared to fit out three Ships under the Command of Captain Compton Gwyther and others to put the said Letters of Reprizals in Execution Whereupon Several Orders from the Council Table and also from the Lords of the Admiralty issued forth in an Arbitrary and Extrajudicial way forceably to obstruct their due Proceedings calling none of the persons concerned judicially before them by Scire Facias or any other legal Process to answer for themselves or to shew cause why they ought not to have the benefit of the Law or a compensation in lieu thereof Wherefore to prevent a failer of Iustice and to vindicate the said Cause from being made a President of dangerous consequence to the Rights Liberties and Properties of the Subjects of England The said Captain Gwyther Commander of the Ship named the George Bona-Adventura being ready fitted and entred in the Admiralty proceeded upon his intended Voyage others purposing to follow him as Wind and Weather shall serve to bring home the Effects of the Bona Esperanza under the Protection of the Laws towards the Relief of many hundred Families interessed therein that want their Bread which is eaten by Strangers and others that live upon the Spoyls and Ruines of so many Orphans and Widows that cries aloud to the Heavens for Iustice and Restitution The Debts incumbent upon the Crown 148216. The Debts upon the Bardaboes 065000. The Debts incumbent upon the East-India Company of the Netherlands 151612. The Debts standing out upon Civil Actions in Holland and Zealand 134000. Ius permaneat semper nec unquam mutatur If any Person desires to be more particularly informed in any of the said Cases he may be satisfied in the whole matters of Fact at large in a Book Intituled Fraud and Oppression Detected and Arraigned at Mr. George Downes his Shop at the three Flower de Luces over against St. Dunstans Church in Fleetstreet And Mr. Samuel Carr Bookseller at the Kings Head in St. Pauls Church Yard Recollect fideliter ex Originalibus per Georg Carew Ar Excudebat Octob. 21. 1680.