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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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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