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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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Breviate of the Depositions taken in the Admiralty concerning the Bona Esperanza 91 Agreement between the Mariners and Adrian vander Stell Governour of Mauritius concerning the Henry Bonadventure Anno 1643. 94 The Petition and proceedings of William Tombes before the Lords and Commons for the Admiralty concerning the Ship Planter An. 1645. 102 Abstracts of Procuration and Transports from Mr. Courten to Jacob Pergens Anno 1645. 1647. and 1648. 7 Letters from King Charles the First in Latin and English to the States Generall and Sir William Boswell on behaelf of Mr. Courten and James Pergens 1647. 8 Abstract of Sir P. Pindar's Procuration to Jonas Abeeles of Amsterdam 1647. 10 Jonas Abeeles Insinuation to the East-India Company of Holland and Arrest made in 1648. ibid. Authentique Copy of the Insinuation and Arrest in Dutch 97 Agreement made between the East-India Company Mr. Jacob Pergens 1649. 12 Proceedings of Jonas Abeeles against the East-India Company before the Escheevens or Magistrates of Amsterdam 14 Ten Select Articles of the Treaty between O. Cromwell and the States General 85 Abstract of the proceedings of William Tombes Executor of Sir Paul Pindar before the English and Dutch Commissioners Anno 1654. 15 The Petition of Henry Powell on behalf of himself and the general Creditors of Mr. Courten to the English and Dutch Commissioners Anno 1654. 89 The Petition of Tho. Newman Merchant and the Mariners concerning the Bona Esperanza to the English and Dutch Commissioners Anno 1654. 90 An Epistle Dedicatory to Sir George Downing Knight Envoy Extraordinary of his most sacred Majesty of Great Britain To the States Generall of the United Netherlands 16 The Petition of Sir John Ayton George Carew and Charles Whitaker to the Kings most excellent Majesty Feb. 1661. 17 An Accompt of the Losse and Damages of the Henry Bonadventure and Bona Esperanza annexed to the Petition 18 Lettre Aux Hauts et Puissans Seigneurs les Estates Generaux Des Provinces Unies 19 The Translation of the Kings Letter out of the French Originall into English 20 The Kings Letter to Sir George Downing Knight Envoy c. ibid. Sir George Downing's first Memoriall given unto the States Generall concerning the Interessed in the two ships Henry Bonadventure and Bona Esperanza 21 Sir George Downing's second Memoriall to the States General concerning the Henry Bonadventure and Bona Esperanza 22 Mr. Carew's Insinuation to the Directors of the East-India Company of the Netherlands at Amsterdam ibid. Extract from the Register of Resolutions of the States Generall May 10. 1662. translated into English 73 Mr. Carew's Letter to the Commissioned Bewinthebbers of the East-India Company at the Hague 23 An Order of His Majesties most Honorable Privy Councell upon the Petition of Sir John Ayton c. 24 Lettre Au Roy de la Grand Bretagne a l'Estates Generaux des Provinces Unies 29 A Translation of the States Generalls Letter to the King of Great Britain into English out of the French Originall 27 Antwoort van de Heeren Staten Generael der Uereenighde Nederlantsche Provincien op de Memorie door den Ridder George Downing extraordinaris Envoyê van syne Majestyt van Groot-Britannien c. aen haer Ho Mo overgegeven den20 April 1662. 29 Replique du Chevalier George Downing Envoyé Extraordinaire de Sa Majesté de la Grand Bretagne c. Sur la Response des Estats Generaux des Provinces Unies sur son Memoire du 20 Avril 1662. 33 The Reply of Sir George Downing Envoy Extraordinary c. in English The Answer of the States Generall of the United Provinces to his Memoriall of the 20 th Aprill 1662. 38 A Memorandum of the particulars of Docquets Deeds Writings and Papers mutually delivered by the States Generall and Sir George Downing upon Answer and Reply 45 Mr. Carew's Letter to the Commissioners appointed by the King to treat with the Dutch Embassadors at London 46 Sir George Downing's Memorial to the States General concerning the Bona Esperanza Bona Adventura Experience Daniell Brazell Frigott Leopard and Saint John Baptist. 48 The States Answer to the last Memoriall 49 The second Reply of Sir George Downing to the States Answer 50 Articuli Foederis Amicitiae inter Carolum II. Magnae Britanniae c. Regem Ordines Generales Foederati Belgii 55 Extraordinaer Schryvens van de Nederlandtsche Ambass in Engelandt meldende op wat maniere noch eyndelick de Tractaten met den Koninck geslooten sijn 63 A Translation of the Dutch Embassadors Letter out of the Original into English 63 A Memorial of Sir George Downing delivered to the States in English upon the return of the Dutch Embassadors into Holland 66 The same Memorial rendred in French 67 Eght Objections offered by the Dutch in a Conference between Sir George Downing and the Pentionatis de Witt against the English interessed and their Claim 68 Answers to the eight Objections in a Conference held at Sir Geo. Downing's 69 Declaration and Certificate in Dutch upon the Statutes made concerning Bankrupts 95 The Opinions and Resolutions of Sir John Glynn Sir John Maynard Sir Edward Turnor Ben. Hoskyns and Sam. Baldwyn upon the Case between the Assignes of William Courten and the East-India Company of the Netherlands 129 Consulta Sententiae Gualteri Walkeri Militis Gulielmi Turnori Thom. Extoni Timoth. Baldwini Davidis Budd Doctorum Professorum in Juri Civili super Casu inter assignat Guliel Courten Societat Oriental Holland c. 119 Sententiae Statutum Johannis Glynni Johannis Maynardi Militum Edvardi Turnori Milis Bennedicti Hoskensij Samuelis Baldwini Armigeri Juris-consulti data superlite inter assignatos Gulielmi Courteni India Orientalis Societatem Batavam 127 A Deposition of Mr. Thomas Newman Merchant taken before a Master in Chancery concerning the Damages of Bona Esperanza 1662. 114 A Deposition of Mr. John Darrell Merchant taken before a Master of Chancery concerning the Portugalls Goods and Agreement c. An Epistle Dedicatory to the Millitary Men Merchants and others of the English Nation inhabiting within the United Netherlands 71 A Letter from the States Generall written in French to the King concerning the Holland Ships detained upon the Accompt of the Knights of Malta 75 A Translation of the French Letter into English 76 A Letter from the States Generall sent to the King concerning the Ship Charles 77 A Translation of the same Letter into English from the Original 78 Sir Geor. Downing's Reply to the States General concerning the Ship Charles 80 Advertisement concerning the said Ship Charles c. 84 One and twenty select Articles out of the Treaty of Peace between the Crowns of France and Spain concluded in 1649. and Translated into English from the Originall 108 Twelve select Articles of Peace and mutual Commerce between Henry the 7. King of England and Phillip Arch-Duke of Austria and Duke of Burgundy concluded and signed at London the 24. of Febr. 1495. 105 The particulars of the Impost and Excise in the Low Countries continued for the publique Charge ever since the Union 103 A Catalogue of their names in the East-India Company of England who are capable of being chosen Committees for the year 1662. 115 Annotations upon both the East-India Companies of England and Holland 118 Mr. Courten's Instructions to his President and Factors in Carwarr and several parts of India and parts adjacent 130 An Attestation of Mr. John Darrell concerning Mr. Courten's Factors and Factories in the East-Indies and parts adjacent 137 Reasons and Arguments for speedy deciding of Differences arising by Depredations and Spoyls by Conferences of States 139 Prologue to a private Conference at Amsterdam 141 Conferences at Amsterdam between the Interessed Requirors and the adverse Requirees and others 143 Epilogue FINIS Several Considerations offered to the High Court of Parliament both for the Restauration and Increase of Trade fol. 1 Sir William Courten's Propriety and Claim to the Island of Barbadoes or An Appeal to the King against Force and Oppression 17 Postscript
the same and makes the distinction of two sorts actiones reales actiones personales Bracton makes a threefold distinction of Actions Real personal and mix'd actio realis in the largest sense is to be understood for any thing wherein a man hath a property and may require it in his own name and not in another mans actio personalis is that which belongs to a man by force of any Contract or Offence c. for which he may require satisfaction by Law from the person offending actio mixta is that where a man hath not only remedy for the thing but for damages against the person unjustly taking or detaining the same there is jus quaerendi and jus petendi there are actiones Criminales and actiones Civiles the former do properly appertain to the King propter pacem Regis communem utilitatem and when Robberies Murthers and Piracies are committed upon the Kings Subjects against Treaties of Amity Confederacies and Alliances and upon such Ships as carried the Kings own Colours His Commission for Trade and Signature in all matters of Commerce these are accounted Acts of Hostility and open defiance and not to be reconciled but in a way of State Grotius in his Treatise De jure belli ac pacis makes this Distinction and says Bellum non dicitur actio sed status praelium autem dicitur conflictus ipse bellorum As to the Objection concerning Cromwell's Treaties it needs no other Answer but this That as the King is not obliged to any thing in them so he hath not admitted any thing of them to bar our extraordinary remedy against the Company for the violent injuries and damages sustained and it would be a forced interpretation nay a great piece of Nonsence put upon the King and His Commissioners to imagine in the least that by the words poterunt litem inceptam prosequi should be construed that the Interessed might be able to prosecute the Suit begun at Amsterdam which was lawful in the ordinary way notwithstanding the Treaty if any such Suit had been there begun by them but qui passos dicunt begun no Suit at Amsterdam their lis incepta was at Whitehall upon their Petition to His Majesty and prosecuted at the Hague by His Majesties Command and several Orders from His Majesties most Honourable Privy Councel On the contrary in the time of the Treaty it was urged by the States Embassadors that the States had sent instructions for a Clause to be inserted that the Interessed should be at liberty to prosecute their right before the Eschevins at Amsterdam and intreated the Kings Commissioners that it might be so inserted into the 15 Article of the Treaty which was utterly refused by the King and in conclusion agreed upon that the interessed should not be left to the ordinary course of Justice in Holland but proceed in the way they had begun upon their Petition and his Majesties recommendation to the States General at the Hague Whereupon the words Poterunt litem inceptam prosequi were inserted and thought sufficient to imply the sense of the agreement and conclusion as appears by the Embassadors Letter sent from Chelsey with the Treaty Sept. 5 15 1662. I only mention these by the way since Mr. Vandam was pleased to make those exceptions to the words in the Treaty and the Pensionaris made the other exception as to Cromwell's Treaty of 1654. After Mr. Courten had once divested himself of his Property in the Ships his Stock in India and the product of it as nothing is more usual amongst Merchants then to sell their Shipping at Sea Adventures abroad and Actions in joint stocks of Companies all posterior Acts to Pergens were void and both the Company and Pergens in this Case were left without any manner of excuse for that the Transports to Sir Edward Littleton and Sir Paul Pindar were insinuated to them long before the pretended agreement The Case that Pentionaris de Wit put concerning res Mobilis does not quadrate with ours where he says that Abraham the Shoomaker sold a pair of Shooes to Adrian van Hoffe for a pattacone who left them in the Shoomakers custody until he called again in the mean time Abraham's Servant or himself sold the Shoos to Jacob the Jew for a Duccatone who took them away and had the property by Manuduction or Delivery That Adrian had only his remedy against Abraham fot the price and not against Jacob for the Shooes It 's granted that Shops and Fairs are Markets overt and although goods were stolen and sold there even then the property is changed yet in those Cases if it be found there was any Combination between the parties there is relief to be had against them It 's frequent in England that both Buyers and Sellers of stolen goods where they were sold at an undervalue have suffered as Accessaries when the Principals have made their escape pardon the meanesse of the expression I could not find any thing that comes nearer to our point The like is if a man voucheth a Horse in Smithfield The Company knew that Mr. Courten was not qualified to deal with Pergens and consequently that Mr. Pergens was not qualified to deal with the Company so the Compact between them was a meer Collusion As to Sir Edward Littleton his Damages and Payments for Mr. Courten the several Records in His Majesties Courts will sufficiently declare to the World what they are but to give the States General and the East-India Company further satisfaction therein they shall receive Copies of the said Records and also the opinions of the most learned Common Lawyers of England and Professors of the Civil Law there that all Contracts Obligations and Transports made in England are to be adjudged according to the Laws thereof Mens sana in Corpore sano To all Military Men Merchants and others of the English Nation inhabiting within the Seven United Provinces COUNTRYMEN IT was given for a general rule by William of Nassau who was both an Eminent Soldier and Statesman That the Netherlanders should keep a fair Correspondence with France do justice to all Strangers and in all Revolutions of time keep a firm and inviolable Peace with England and that when they failed in either of those Principles their foundation would be shaken and their Government in danger of Subversion To publish their Forgetfulness or Ingratitude to those that have spent their Youth and Fortunes to render them considerable in the World is not to my purpose or to tell them when they were made a Free State at Munster created both High and Mighty by the conduct of a Prince to their Generall they thought it time then to make Reformadoes of their Officers put them to Pensions and maintain their Low Countries without a Commander in chief is not my designe No my business to those High and Mighty Lords is for justice against the East-India Company of the Netherlands in a politick way of Proceeding The dispute concerns Spoyls