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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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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
Spoils and depradations Maurice Thompson of London Merchant and others upon a private Account set forth several Ships for Trading Voyages to the East Indies upon the same Foundations laid by Sir William Courten The said Thompson having first gotten the Books and Papers of Instructions for that Trade from the Lady Katharine Courten and made Returns of Ten for one upon those Trading Voyages as the said Thompson himself Confessed before Credible Witnesses yet living Afterwards the Usurper Cromwell having setled the East-India Company by a New and Large Charter of Priviledges conformable to Sir William Courtens Grant from the King Which Charter was renewed to the East-India Company since his Majesties Restauration Three of the Companies Ships called the Postillion the Frederick and the Francis and Iohn upon the like Trading Voyages being stopt in their passage in the East India by the Officers and Men of War belonging to the Dutch East-India Company and their Voyage spoiled Upon their Complaint to Cromwell he immediately required by his Embassador at the Hague satisfaction and reparation to be made for the said Loss and Damages sustained which the East-India Company of the Netherlands were enjoyned by the States General upon his Demand forthwith to satisfy and pay at the Price Currant upon a computation of Returns as if they had made their Voyages home from those Parts Farther Prosecutions since the 29th of May 1660. Upon the Kings most Happy Restauration the Complaynants made fresh Applications to his Majesty in Council for Satisfaction of the said Spoils and Damages of the Bona Esperanza and Henry Bona Adventura and after sixteen Months debate between the Dutch Embassadors in England and the Kings Commissioners appointed to Treat with them at White-Hall it was agreed in the Treaty of Peace concluded at Westminster the 14 th of Septemb. 1662. That the said spoils and Damages of the Bona Esperanza and Henry Bona Adventura should be reserved from the general Abolition and extinguishment of all Offences Injuries Losses and Damages whatsoever for satisfaction and reparation to be-composed in an amicable way In pursuance whereof two several Memorials were given in at the Hague to the States General by Sir George Downing Envoy Extraordinary from his Majesty yet nothing could be obtained but impertinent Offers of Commencing Suits at Law against Iacob Pergens and Peter Boudaen at that time Bayl for the said Pergens who had defrauded the Dutch East India Company of 85000 Gilders upon false pretences of Assignments from William Courten of his Interest and Share in the said Ships which he had formerly granted to Sir Paul Pyndar the said East-India Company having intimation thereof After all which fruitless applications and endeavours at a great expence Dr. Exton Judge of the High Court of Admiralty in England by the Kings Command upon the proofs made before him reported the Damages to amount to 151612 l. Then upon the Humble Petition of Francis late Earl of Shrewsbury Sir Iohn Ayton Knight Charles Whitacre and others of the Complaynants on the behalf of themselves and the rest His Majesty with the Advice of the Lords of his Privy Council was gratiously pleased to grant Letters of Reprizal for the said Summ of 151612 l. under the great Seal of England in due form of Law grounded upon several Acts of Parliament and Statutes of this Realm wherein every Subject of England hath an Interest unto Sir Edmund Turner Knight and George Carew Esq their Executors Administrators and Assigns for the Use and Benefit of your Complaynants to continue in full force and effect until the summ of 151612 l. should be recovered with damages or the matter composed between the East-India Company of the Netherlands and your Complaynants concerning whom his Majesty hath declared in his Grant That he was obliged in Justice and Honor to see them satisfyed and repayed And that no Treaty whatsoever between his Majesty and the said States should obstruct the Recovery or Payment thereof by force or a fair agreement the said 151612 l being the only Debt liquidated ratified and confirmed judicially to be satisfyed as is more at large recited in the Letters Patents bearing Date at Westminster the 19 th day of May in the Seventeenth Year of the Reign of King Charles the Second and Inrolled in the High Court of Chancery Actions at Law depending in Holland and Zealand against Iacob Pergens and the Executors of Peter Boudaen and David Goubard at the Suits of the Executors Administrators and Assigns of Sir William Courten Sir Paul Pyndar and William Courten Esq An Action upon the Accompts concerning the Linnen Trade against the Sons and Daughters of Peter Boudaen for 122000 l. An Attachment in the Bank for 12000 Gilders of David Goubards An Action against Jacob Pergens and the Heirs of Sir Jacob Gats for 3000 l. lent by Sir William Courten upon Bond. An Action against the said Jacob Pergens for 5500 l. sterling upon his Covenant for Moneys received in Trust for William Courten Esq Three several Actions against the Heyres and Executors of Peter Boudaen for 4000 l. Legacies given to Sir William Courten James Boeve and William Courten Esq by Sir Peter Courten and John Money These Actions came not under any Consideration whatsoever upon Publick Treaties neither can they fall under the construction of Offences Injuries Damages and Losses arising by Spoils and Depredations upon the Sea for which another proper Remedy is Granted Nevertheless The War having continued between the King and the States General for the space of two years and a half A Treaty was concluded at Breda on the 21 of Iuly 1667. Old Style mentioning that all Offences Injuries Damages and Losses should be extinguished without any notice taken in the said Articles of any compensation to be made to the Complaynants that lay under all the Circumstances aforesaid Iustice denyed in Holland and Zealand IN the Third place your Complaynants do most humbly represent the Injustice done them by the States of Holland and Zealand as followeth viz. Sir William Courten of London Merchant Sir Peter Courten of Middleburgh in Zealand Merchant and Iohn Moncy of London Merchant entred into Partnership in Trade with a Joynt Stock in the year 1606 the moiety of the said Stock belonging to Sir William Courten and to each of the other a fourth part with which they Traded to Italy Spain Portugal the Coast of Barbary and other parts of the World But chiefly carried on a great Stock in the Linnen Trade both from Holland and Flanders during their Lives Besides they yearly employed four or five Ships fitted out of Zealand for Greenland with Biscayners for their Harponeers in the Whale Fishing This Copartnership continued thirty years wherein they made Returns of Two Hundred Thousand pounds Sterling per Annum at least But the Accompts were not liquidated in Fourteen years before the Death of Sir William Courten who took up of your Complaynants divers great Sums of Money upon Exchange and Obligations
in Holland and Zealand by a Publick Notary who delivered Copies thereof to the chief persons concerned reciting the Substance of all the proceedings with a praecaution to the Directors of the East-India Company concerning the Patacoones and to the States of Holland concerning their Letters to the Ordinary Courts of Judicature prohibiting any Justice to be done upon the Actions depending upon Obligations Covenants and matters of account in Trade protesting for all Damages aleady sustained or that should be sustained by reason thereof Afterwards the Complaynants Addressed themselves by their Humble Petitions to his Majesty and the Lords of his most Honourable Privy Council praying that the 151612 l. so ascertained under the Great Seal of England might either be payed out of the said Pattacones Or otherwise that the Complaynants might be at liberty to reprize the said Debt and Damages by force of their Grant remaining upon Record and as to the Civil Actions depending in Holland and Zealand upon Obligations Covenants and Merchants Accompts whereupon Justice was positively denied that satisfaction and reparation might be requir'd of Monsieur Van Beuninghen then Ambassador Extraordinary from the States General or that Commissioners might be appointed to determine the same Whereupon two several Orders were made on the 23. of July 1677. that all parties concerned should be heard at the Council Table on the 10th of October following to which purpose the Complaynants attended with their Council and Advocates from time to time but could not obtain any hearing thereof or receive any satisfaction or reparation to this day in the Premises either at home or abroad Loanes and Supplies for the Service of the Crown IN the fourth and last place your Complaynants do Humbly take leave to represent and offer to your Consideration That Sir Paul Pindar most faithfully served King Iames and the Honorable Turky Company for the space of Eleven Years together at Constantinople in the quality of an Embassador where he much improved the English Woollen Manufactures and the Levant Trade And at his return into England set up the Allome Works in York-shire and other Counties wherein he employed many Hundreds of poor People out of which improvement a certain Revenue of Ten Thousand pounds per Annum did accrew to the Crown and as much more to the Stock of the Kingdom by importation of ready Money and Staple Goods for Allome exported which Allome Works are now of little or no Advantage to the Crown or Kingdom That Sir Paul Pindar in the years 1638 and 1639 having lent and advanced of his own Estate and of Moneys taken up upon his Credit Eighty five Thousand pounds to Furnish the Crown with Jewels and to supply the Queen of Bohemia and her Children in their Wants and Necessities as also for Supplies of Foreign Embassadors and other Services in his Majesties Domestick affairs The late King Charles was Gratiously pleased to Assign for the Security and Repayment of the said Moneys with usual Interest part of the Revenue arising by Fines and Compositions upon Recusants Estates in the Northern Counties under the Collection of Thomas Viscount Wentworth And also other Moneys payable out of divers branches of the Revenue as by Tallies struck upon the same and the several Assignments under the Great Seal of England appears which Payments were diverted in the late Troubles before any considerable part of the said Debt was paid that still remains a Charge upon the Crown to the value of Fifty Thousand pounds and upwards That the said several Assignments under the Great Seal of England and all Writings concerning the same and all Summs of Money whatsoever payable from the Crown upon the said Assignments being Granted Transferred and Assigned to Richard Powel of the Inner Temple Esq and Nathaniel Hill of London Gent. their Executors Administrators and Assigns in Trust for the Use and Benefit of themselves and all the rest of the Persons interessed according to their several and respective Debts and Demands They lately exhibited their Humble Petition to his Majesty setting forth the State of their Debt and for other reasons contained in their Petition more especially for that Sir Paul Pindar for the Preservation of the Royal Family and transportation of his now Majesty when he was Prince of Wales in the time of the late Troubles had Voluntarily supplyed the late King with Moneys to a considerable value in Gold which Loyalty and Care his Majesty hath lately owned for a most acceptable Service Humbly prayed That his Majesty would be gratiously pleased to grant them Satisfaction for their said Debt out of the Fines and Compositions payable by Recusants vested in the Crown by several Acts of Parliament Whereupon His Majesty was Graciously pleased to refer the Consideration of the said Petition to the Right Honorable the Lords Commissioners of the Treasury to Report their Opinions upon the same what was fit for his Majesty to do therein for the Petioners relief and then His Majesty would declare His further Pleasure Whereupon the Petitioners attended several days at the Treasury Chamber to be Heard and being once called in their Lordships informed the Petitioners that the then Parliament intended to appropriate the said Revenue and that it was proper for the Petitioners to apply themselves to the Parliament and that the Petitioners might have a Report from their Lordships at any time when they thou ght it Convenient The Complaynants therefore Humbly hope That if this Parliament enter upon the Consideration of appropriating that Revenue they may be secured their Just Debt by a Proviso in any Bill that shall Pass to that effect They having already made a great Retrospect into that Revenue and are willing at their own Charge and Expences to make a perfect return into the Exchequer of all the Papists in every County throughout England and Wales with the true value of their Estates which will bring in a considerable yearly Revenue to the Crown and be a great Satisfaction and Safety both to the Parliament and the whole Kingdom A Brief State of the Allome-Works BEfore Allome was made in England the Kingdom was served with Romish Allom being the Popes Commodity whereof he made a large Revenue it being sold here for 50 and 60 l. per Tun and sometimes more To gain this Manufacture King Iames undertook the management and perfected the said Work at a vast Charge whereupon Sir Paul Pyndar and William Turnor took a Lease of the said Allome-Works for 12 years paying the yearly Rent of 11000 l. to the King for the sole making and vending of Allome it being the Kings Manufacture by Purchase whereby many hundreds of poor Families were maintained to the great increase of Shipping and Marriners the saving of much Treasure within the Realm and his Majesties Kingdoms served with their own Native Commodity This great Work was so acceptable to the Kingdom that in the Statute against Monopolies 22 Iacobi The Parliament amongst other Grants made this Provisoe following
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