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A77384 A Brief abstract and narrative of the several spoils, depredations, losses and damages, suffered by Sir William Courten, Sir Paul Pyndar, and William Courten Esq.; deceased, annexed to a petition of the proprietors and creditors, depending in Parliament. Courten, William, Sir, 1572-1636.; Pindar, Paul, Sir, 1565 or 6-1650.; Courten, William, d. 1655. 1680 (1680) Wing B4496A; ESTC R173266 5,909 5

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statu quo Upon the Kings most happy Restauration in the year 1660. several Appliacations were made by the Proprietors to his Majesty in Council for Restitution and Reparations of the Debt and Damages Whereupon several Recommendations were made to the States General by His Majesty accordingly and at last agreed in the Treaty 1662. that full and intire Reparations should be made for the said two Ships and their Lading to the persons Interessed and Injured In pursuance whereof Solicitations were made to the States General and the East-India Company of the Netherlands for the space of two years together without any effect In the year 1665. the Debt and Damages were stated upon the Kings command by Dr. Exton Judge of the Admiralty which then amounted to the sum of 151612 l. sterling whereupon Letters Patents for Reprizals passed judicially under the Great Seal of England to Sir Edward Turnor Kt. and George Carew Esq their Executors Administrators and Assigns for recovery thereof with Costs and Damages on behalf of themselves and others intetessed In which Patent it is expresly granted and declared by His Majesty That the said Commission shall remain and be in full Force and Power to the said Turnor and Carew their Executors Administrators and Assigns for recovery of the said 151612 l. with Costs and Damages notwithstanding any Peace or Correspondency to be made or renewed between the King and the States concerning any Publick or General Differences or Reprizals And further That although it should happen that all Hostility between the King and the States should cease Yet his Majesty grants and declares That this particular Commission should remain in full Force and Power until the said Debt Damages Costs and Charges shall be recovered and received or a Composition be made for the same between the East-India Company and the said Turnor and Carew their Executors Administrators and Assigns In the year 1666. A third part of the said Debt was assigned to John Graham Esq and John Brown Gent. on the behalf of themselves and other Creditors with power to recover the same by Force of the Patent as by the said Deed of assignment and Schedule of the Creditors annexed dated the 14th of May 1666. appears In pursuance whereof several small Frigats were equipped and set forth But in regard the Hollanders and Zealanders traded under the Colours of Flemmings Swedes Hamburgers Lubecker Dantzickers and others in Alliance with England most of the Ships and Goods taken by Force of the said Patent were claimed under those pretences and discharged by the Admiralty So that there was not bona fide 1500 l. reprized of the said Debt Damages and Costs ' as by the Register in the Admiralty appears In the year 1667 A Peace and common Alliance was concluded between the King and the States General at Breda wherein is mentioned notwithstanding the Kings special Grant aforesaid that particular Letters of Reprizals ought to be comprehended and revoked by the said Treaty although the Patent remains upon Record under those Conditions Grants and Limitations wherein the Subjects by the common Law of England are vested both with an Interest and an Authority coupled together for recovering their Satisfaction The said Grant being made of Common Right as the Law directs cannot be revoked or made void or suspended by Proclamation without Reparations to the Persons interessed otherwise the Laws and Statutes of this Realm would be rendered inneffectual by a failer of Justice In the year 1672. New differences being arisen between the King and the States General the persons interessed and injured concerning the Bona Esperanza and Henry Bona Adventurae made fresh applications to the King and Council for relief in a publick way Whereupon the said Debt and Damages was revived and expresly declared by the King and Council that the Treaty at Breda was void and of no effect and that His Majesty would in this particular case of Pyndar and Courten as he was in Justice and Honour bound to do see that the Debt and Damages aforesaid should be satisfied and repayed and gave Instructions to Sir Lionel Jenkins and Sir Joseph Williamson his Ambassadors and Plenipotentaries at Cologne to that end and purpose accordingly as by the Original Orders Declarations and Reports may appears In the year 1674 Another Treaty of Peace and Common Alliance was concluded at London between the King and the States General wherein it was agreed that 800000 Patacoons should be payed to His Majesty by the States General at four yearly payments the first upon Ratifiing of the Treaty and by the 7th Article thereof confirmed the Treaty at Breda and all former Treaties without any other notice of Pyndar or Courten's Debt and Damages Upon the said Ratification 200000 Patacoons were assigned and paid to Alderman Backwel for other Services and the 600000 remaining were transferred to the Prince of Orange upon pretence of old Debts due to his Father and Grandfather from the late King although the said Prince made his Fortune in that War Alliance of all the Blood Treasure spent therein being restored to his Ancestors Honours and Offices enriching himself as Lord High Admiral by the tenths out of all English Ships and Goods taken the last War And notwithstanding the Proprietors of the Bona Esperanza and Henry Bona Adventura made several Addresses to the King and the States General respectively that some part of the Patacoons might be appled towards satisfaction of their Debt Damages and Costs aforesaid which remains still in statu quo yet nothing could be obtained in this special Case incumbent upon the East-India Company of Holland the States General and the Crown of England In the year 1676. Several Actions depending at Law in Middleburgh Amsterdam and the Hague upon Obligations Bills of Exchange and Merchants Accompts amounting to 128600 l. or thereabouts against the said Jacob Pergens and the Heirs and Executors of Peter Boudaen and Sir Peter Courten who were Co-Partners with Sir VVilliam Courten in the Linen-Trade were positively interdicted by the States of Holland and Zealand And the Judges by express Orders of the said States prohibited from doing any manner of Justice to the Heirs Executors Administrators or Assigns of Sir William Courten Sir Paul Pyndar Sir Edward Littleton and VVilliam Courten Esq deceased upon pretence they were released and discharged by the two last Treaties of common Alliance between the King and the States General which are forced Interpetations against all common Sense and Reason several Applications were made to the King and Council that right might be done by His Majesties most gracious Interposition and effectual recommendation to the States of Holland and Zealand or by further Reprizals against those two Provinces respectively but no Relief could be obtained thereupon according to the merits of the said Cause In the Month of April 1680. The Creditors under Graham and Brown's assignment considering the Premises and that the States were at Peace with all Nations and even with
their Confederates the Algerines The said Creditors agreed to set forth 2 or 3 Frigats to reprize their proportion of the said Debt and Damages in pursuance of their Grant aforesaid as Assignees under the Patent and so entred their Ships in the Admiralty under the Command of Captain Compton Gwyther Captain Roger Hawkshead and Captain Thomas Wood accordingly There cannot be found the like Parallel in any Kingdom or Nation in the World that two such Persons as Sir William Courten and Sir Paul Pyndar that had such vast Estates so imployed in the Service of their King and Country that were ever so neglected and their Families after them so long appealing for Justice without any Redress still lying under those Circumstances of Discouragement that no Relation or Servant of theirs were ever preferred or admitted into any Publick Imployment since the Kings Restauration not so much as to a Land-waiters-place at the Custom-house To the Honourable the Knights Citizens and Burgesses in PARLIAMENT Assembled The Humble Petition of Thomas Kynaston Merchant surviving Partner and Adventurer with Sir William Courten to the East-Indies William Courten Esq Grandchild and Heir of Sir William Courten Knight deceased George Carew Esq Administrator of the Goods and Chattels of Sir Paul Pyndar Knight deceased with his Will annexed Thomas Coppin Esq Gilbert Crouch Gent. one of the Executors and Assignee of Francis late Earl of Shrewsbury and James Boeve Merchant on behalf of themselves and divers other Families in England Sheweth THat your Petitioners their Ancestors and Testators having been spoiled grieved and oppressed many years together in Barbadoes and other parts of the East and West-Indies as also in the Provinces of Hollandand Zealand and even at home to their inestimable loss and damages and the miserable distress of many Orphans and Widows whose Monies put out at Interest into the hands of Sir William Courten and Sir Paul Pyndar were imployed in Plantations Navigation and Commerce to the great Improvement of the Nation Your Petitioners made several Applications to His Majesty and the Lords of His most Honourable Privy-Councel for Relief and to others Delegated from the King but could obtain no effectual Redress in the premisses as by the Cases annexed appears That your Petitioners have been denied the ordinary course of Law and Justice in the due prosecution of their Rights and Properties upon Civil Actions in Holland and Zealand to the great Contempt of the King and Kingdom and the particular and intollerable Loss and Damages of your Petitioners and others His Majesties good Subjects upon pretence that their particular Debts and Damages were discharged and released by Treaties of Common Alliance That your Petitioners have likewise been obstructed in the due Execution of their Judicial Proceedings in England by Orders of the Council-Table whereby they have been much prejudiced in their Liberties Properties and Estates contrary to the Fundamental Laws and Statutes of the Realm Now forasmuch as your Petitioners are left without all other Remedy and it being of most dangerous Consequence to all Civil Society and Commerce to suffer any failer of Justice to the Subjects of England either at home or abroad a necessity lies upon your Petitioners according to the inherent Rights and Priviledges of Englishmen to make their applications to your Honours for Redress Your Petitioners therefore do most humbly pray That their Grievances and Oppressions may be taken into the most serious Consideration of this Honourable House That after Examination thereof by a Select Committee your Petitioners may be relieved by an Effectual Recommendation made to His Majesty or by such other ways and means as to your Wisdoms shall seem meet And your Petitioners shall ever pray c.
A Brief Abstract and Narrative of the several Spoils Depredations Losses and Damages suffered by Sir William Courten Sir Paul Pyndar and William Courten Esq deceased annexed to a Petition of the Proprietors and Creditors depending in PARLIAMENT SIR William Courten in the year 1626. being informed by several Masters of Ships imployed in his Service that there was an Island near the Caribbees not Inhabited by any People or Nation whatsoever and that the Soyl was good and well Scituated for Plantation and Defence whereupon Sir William Courten at his proper Costs and Charges Equipped and Furnished several Ships with Men Women and all kind of Materials and Provisions necessary both for Planting and to defend themselves In the year 1627. the Factors and Servants of Sir William Courten having made several Plantations procured divers Indians from the Main-Land with all sorts of Seeds and Roots to instruct the English in Planting Tobacco Indigo Cotton Sugar-Canes c. and named the Island Barbadoes Sir William Courten then procured Letters Patents dated 27th of February 1627. for the Government of the said Island in the name of the Earl of Pembroke who gave a Deputation by Sir William Courten's appointment to Captain John Powell with Instructions for the Government thereof conformable to the Laws of England Sir William Courten being so legally possessed of the said Island as the first Occupant and in the quiet possession thereof for the space of two years and upwards having expended thirty thousand Pounds Sterling in Materials Provisions Fortifications Plantations and Buildings James late Earl of Carlisle in the year 1629. under a pretence of being Lord Proprietor by Patent of all the Caribbee Islands did by Force of Arms and other indirect Practices of several Persons under his pretended Grant forceably enter into the said Island and disposessed Sir William Courten of his Forts Houses and Plantations to the inestimable Damage of Sir William Courten his Heirs and Creditors against the Laws and Originals of all Right and Property The said Earl of Carslile in those days being more powerful at Court than the Earl of Pembroke Sir William Courten by all his Addresses to the King and Council could not find any Relief And there being no Parliament from the time of that violent Entry and Intrusion for the space of 12 Years together during Sir William Courten's Life and his Sons Prosperity the said Earl of Carlisle and his Complices took advantage therof to continue the Possession and granted a long Lease of the said Island to the Lord Willoughby which expired in the year 1669. who granted several parcels of the said Island to several Planters and others at yearly Rents In the year 1646. Several debates arising between the Lord Willoughby and the old Planters concerning the original Right of the Island and Plantations Complaint was made thereof to the Long Parliament Whereupon the Merchants of London claiming several Plantations by Purchase trumpt up Sir William Courten's Title to shelter themselves against the Earl of Carlisle's Patent which was declared null and void And William Courten Esq Son and Heir of Sir William Courten having absented himself for his own and his Fathers vast Debts occasioned by the said Spoi●s and other Losses hereafter mentioned the Lady Katherine his Wife appear'd in defence of his Right Then Endeavours were used by the Creditors for annexing the said Island to the Crown of England by Act of Parliament as a County Palatine with a Proviso contained therein That an exact Survey should be made and the Original Costs and Damages of Sir William Courten Levied upon an Equitable Tax for the Benefit of the Heir and Creditors but the several Revolutions in the Government obstructed the same yet continually Claimed ever since Sir VVilliam Courten Endimion Porter Esq Thomas Kynaston Merchant and others in Company with them in the year 1635. The late King being informed that the East-India Company of England had wasted several great Joynt-Stocks by their ill Conduct and Management of that Trade were perswaded by the King to undertake Trading-voyages to the East-India's China and Japan and gave Sir William and his Partners a Patent accordingly who made Contracts with several Vice-Roys and settled several Factories at Maccoa Carwar and other parts near the Sea-Coast Sir Paul Pyndar having advanced the Sum of 36000 l. in that first Expedition under Captain John Weddall Captain Nath. Mountnay and others the Ships named the Dragon and Katherine Richly Laden homeward bound were lost both Ships Goods and Men not without great suspition of being Sunk or Burnt by the Dutch In the year 1641. William Courten Esq Son and Heir and sole Executor of Sir Wil. Courten and his Partners set forth the Ships named the Bona Esperanza and Henry Bona Adventura inter alia upon the said Trading-voyages for supply of their Factories and in the year 1643. the Ship Bona Esperanza was most injuriously seized by two Men of War belonging to the East-India Company of the Netherlands in the streights of Malacca from whence both Ship and Goods Were carried to Batavia and there de facto confiscated without any due Process at Law and converted to the said East-India Companies use under pretence that Courten traded with the Portugals their Enemies In the same year the Ship called the Henry Bona Adventura with her Lading was taken into the possession of the said Company by other of their Officers and men of War near the Island of Mauritius and also converted to their own use in all to the Damage of Mr. Courten and the rest of the Proprietors 85000 l. Sterling as by evident proofs taken in the High-Court of Admiralty appears Sir Paul Pyndar having an assignment of 5500 l. out of the said two Ships imployed Jonas Abeeles at Amsterdam in the year 1648. by procuration to implead the said East-India Company for the said Money with Interest who intimated Sir Paul Pyndar's right but could not obtain the said 5500 l. The Company alledging that Jacob Pergens had notwithstanding Jonas Abeeles protest and interdiction given security by Peter Boudaen of Middleburgh to save the Company harmless and indempnified from Sir Paul Pyndar whereupon the Directors at the Chamber in Middleburgh payed Pergens accordingly without any right thereunto Mr. Courten having assigned his Share and Interest to Sir Edward Littleton and Sir Paul Pyndar in the year 1642. towards payment of his Debts In the year 1654. upon a Treaty of Peace and common Alliance between Oliver Cromwel and the States General when the East-India Company of the Netherlands payed the English old Company 84000 l. Sterling towards the Spoyls and Depredations at Amboyna It was agreed that the Spoyls and Depredations upon the two Ships Bona Esperanza and Henry Bona Adventura should be referred to the Protestant Cantons of Switzerland to determine what Reparations should be made for the same But they could not be perswaded to meet upon that Affair or to intermeddle therein So the matter rested in