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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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Subjects aforesaid Nevertheless in the said Commission His Majestie declared His meaning and intent that the old East India Company shall not be restrained hindred or impeached of in or from a Free Trade and Commerce to any of those Parts any thing to the contrary notwithstanding Saving and excepting a certain clause in the Grant concerning the Discovery of a Passage into the Atlantick Sea and the Benefits thereby accruing and the Land to be discovered and taken possession of by the said Sir William Courten and his Partners as aforesaid Provided also that Sir William Courten and other the Adventurers with him their Agents and Assignes shal not be privileged licensed or enabled to Trade where the East India Company had setled Factories Plantations or Trade before the 12 th of December 1635. And to shew a signal testimony of His Maiesties favour to this Foundation there was in the said Commission power and authority given to make use of His Majesties Common Seal ingraven with a Lion passant gardant between three Imperial Crowns to seal all Letters Certificates and matters of Concernment in the said Trading Uoyages And as a further ensigne of His Majesties most gracious care for the safety and preservation of the Shipping in that Imployment did authorize and require Sir William Courten his Partners c. to carry in all their Ships the same Flags and Colours which the Kings Ships and none else ought to bear And in persuance of the said Commission Grants and Authorities aforesaid the said six Ships were set forth and sent to the Parts and places aforesaid Sir William Courten having upon his owne accompt adventured the Summe of 120000 l died being indebted to several persons that had lent him many great Sums of money upon his owne and his Son William Courten's personal Security His Majestie then minding to give all further incouragement to the surviving Adventurers did of His especial grace certain knowledge and meere motion by His Letters Patents under the Great Seal of England bearing date the first day of June 1637. grant ratifie and confirm unto Endimion Porter William Courten Son and Heir and sole Executor of Sir William Courten Thomas Kynaston Samuel Bonnell Captain John Weddall and Nathaniel Mountney and every of them their Partuers Agents and Assignes all the said Powers Privileges and Authorities mentioned and contained in the former Commission with license from time to time during the space of Five yeers next following to set forth and send one or more Ship or Ships Uessel or Uessels well fitted and provided for Trade to the Parts and places aforesaid Captain Weddall and Mountney with the former Ships having Traded for the space of Eighteen moneths upon the Coasts aforesaid purchased several places for Factories neer the Sea and possessed themselves of some Uacancies of Land lawful for them to do and then sent home the Sonn and the Planter richly laden with Goods to a great value The Hollanders perceiving that both the Indians and Portugals had naturally more kindness for the English than the Dutch Envyed thereat and sought all indirect means and practises as formerly they had done to destroy them and their Foundations declaring all men to be their Enemies that dealt with the English Afterwards Capt. Weddall and Mountney as they were bound homeward for England in the Dragon and Katharine laden with Oriental Wares and Merchandizes to the value of 150000 l Sterling and upwards neer the Cape Bona Esperanza were most barbarously murthered by the Dutch and the Ships both sunk as by strong presumptions and relations of several persons hereafter mentioned may appear which put the Company upon great streights William Courten then Borrowed the Sum of 28800 l. of Sir Paul Pindar Knight upon his personal security in the same yeer his Father died towards satisfaction of such persons that called in their moneys afterwards prevailed with Sir Edward Littleton Baronet his Brother in Law to become bound with him for divers great Sums of money to divers other persons amounting to 68000 l. or thereabouts which was taken up at Interest to carry on the said Trade in India as aforesaid And in the Yeer 1641. having with his Partners set forth seven other Ships well provided and furnished with Gold Silver Merchandizes Ammunition and other provisions fitting for East India Uoyages did by an Indenture or Bill of Sale bearing date the 26 of Aprill 1642. made between the said William Courten of the one part and Sir Edward Littleton of the other part recite the said Letters Patents And whereas the said William Courten and the parties named in the said Patent in persuance of the powers and authorities therein granted had set forth and sent out to the East Indies and places before mentioned the said 7 Ships herein particularly mentioned viz. The Loyalty of London of the Burthen of 340 Tons or thereabouts under the charge and Command of John Durson Master the Bona Esperanza of London of the Burthen of 240 Tons or thereabouts under the charge and Command of John Dowrifh Master the Hester of London of the Burthen of 230 Tons or thereabouts under the charge and Command of Robert Hogg Master the Unity of London of the Burthen of 160 Tons or thereabouts under the charge and Command of Henry Russell Master the Paradox of London of the Burthen of 120 Tons or thereabouts under the charge and Command of Adrian Mathews Master and the Planter of London of the Burthen of 260 Tons or thereabouts under the charge and Command of John Benning Master And whereas the whole Adventure of and in all the said Ships being divided into Eight parts the Adventure of him the said William Courten amounteth unto Seven parts of the said Eight parts and the other part is the Adventure of all the rest of the Adventurers and Parties herein before mentioned And whereas the said William Courten hath at his owne proper costs and charges and for his owne proper accompt by several Polices or Writings of Assurances bearing the several Dates herein mentioned assured himself lost or not lost from London to the parts and places aforesaid in Trade and from thence to London again with their Lading that is to say by one Police dated the 13 day of April 1641. upon the said Ship called the Paradox the Summe of 3450 l. by another Police dated the 6. day of October 1641. upon the Bona Esperanza the Summe of 3400 l. by another Police of the same date upon the Henry Bona Adventure the Sum of 3200 l. by another Police dated the 18 of Aprill 1642. upon the Loyalty the Summe of 5250 l. by another Police of the same date upon the Hester the Summe of 3650 l. by another Police of the same date upon the Unity the Summe of 3150 l. as in and by the said Polices or Writings of Assurances may appear And whereas the said Sir Edward Littleton at the request and for the onely proper debt of the said William Courten and as his
holy Father the Pope the Apostolical See the Emperor of the Romans all the Archdukes of Austria and all the Kings Princes Republicks States and particular Persons who as Allies of this Crown were named in the Treaty of Peace made at Vervins 1598. and who shall have preserved and do at this day preserve themselves in that Alliance To whom are added now the United Provinces of the Low Countries and the Duke of Guastale as also shall be comprehended all such others as by common consent of the said Lords and Kings shall be named within a year after the publication of the present Treaty to whom as also to the aforenamed if they desire it in particular Letters of Nomination respectively Obligatory shall be given to enjoy the benefit of the said Peace and with expresse Declaration That the said Lord the most Christian King shall not have power directly nor indirectly by himself or by others to molest any of them And if he hath any pretensions against them he shall have power only to prosecute them by Right before competent Tudges and not by Force Mr. John Darrel 's deposition before one of the Masters of Chancery concerning the Dutch Agreement with the Portugals in 1644. IOhn Darrell of the Parish of St. Giles Criplegate in London Merchant Aged about Sixty and six years deposeth and saith That he the said John Darrell was at Goa a Portugal City in East-India in the imployment and service of William Courten Esq in the Month of January 1644. old Sile and that on the 25. day of the said month being Saturday a Dutch Ship bound from Surrat to Batavia came and Anchored without in the road of Goa and that four or five Dutch-men came then a shore to the English or Factory there and related to Mr. Courten's Agent John Farren and to this Deponent that upon an Agreement made between the Dutch and the Viceroy of Goa they were to pay unto the Portugalls the summe of One hundred thousand Rials of Eight Spanish for satisfaction of the Portugal goods taken in the Ship Bona Esperanza bound for Maccao in the Imployment of Mr. Courten and others and that twenty thousand of the said Royals should be detained for Mr. Courten towards his damages although it were not so expressed or agreed And this deponent further saith that on the next day being Sunday and the 26. of January one Senior Vanderstell being chief of the Dutch Factory at Vingerly neer Goa with three others and a Churchman came to the said City of Goa and visited the said John Farren and this Deponent at the English house there and brought with them Fifty thousand of the said Rials to pay unto the said Portugal Merchants according to the agreement with the Viceroy aforesaid and said moreover that they had Order from the Governour and Councel of Batavia to defalk and detain Twenty thousand Rials towards satisfaction of the English interessed in the Bona Esperanza and that they had likewise order to present Mr. Farren Mr. Courten's Agent with a considerable summe of money to procure an accommodation and composure of the difference with the persons interessed in the same but further cannot depose John Darrell Sworn this 14 of March 1661. before Sir Nathaniel Hobart one of His Majesties Masters of Chancery in the 14. Year of the Reign of King Charles the Second Nat. Hobart The Deposition of Tho. Newman Merchant taken upon Oath the 28. of January 1662. before Sir Walter Littleton Knight Dr. of Laws and one of the Masters in Chancery THomas Newman of the Parish of St. Botolph Aldgate in London Merchant Aged Forty seven years or thereabouts maketh Oath that he the said Deponent was Cape-Merchant and Factor of the Cargazone in the Ship Bona Esperanza belonging to Mr. William Courten late of London Merchant and others And that he this deponent in the year of our Lord 1643. making a Trading Voyage from Goa to Maccao was violently taken by the Dutch East-India Companeys Ministers in the Straits of Malacca to his own particular damage at that time the Sum of 1400 l. sterling and saith that to his own knowledge the several Depositions of Robert Gray Andrew Wetton Francis Hill Richard Smith Richard Wheeler William Page and Thomas Lamberton since deceased are all in substance true he the said Deponent being an eye-witnesse thereof and long acquainted with the trade of India and parts adjacent and this Deponent saith that after the Dutch Men of VVar had violently seised the said Ship murthered the Master and several of the Mariners wounded eleven others and taken both the Portugals and English goods out of her being a good new Ship and well built took the said Ship with the Guns Ammunition and Provision to Goa to the rest of their Fleet and carried him this Deponent with Captain William Gurley Captain of the said ship and the Mariners to Malacca where they were all detained Prisoners for the space of six months and very inhumanely used and afterwards sent to Batavia and this Deponent saith that Captain Gurley with grief for his losses and ill usage as he was bound for England in the year 1644. died in a Dutch ship called the Whale Fish whereof the Heere Caune was Commander who sold all his Clothes and some Jewels that he had at the Main Mast amongst the rest he this Deponent offered 250 Gilders for a Diamond Ring but could not have the same which were all converted to the use of the said Caune as this Deponent believeth And this deponent further saith That as to the 2750. l. sterling left at Maccao in a former voyage being to remain upon agreement there for the space of three years for several privileges granted in Ports and Trade and provided that if Mr. Courten and Company sent any other Ship and Merchandizes thither within that time then the said 2750 l. should be paid to the said Courten in China goods at price currant otherwise the said money to be lost And this Deponent saith that he this Deponent and Captain Gurley received Orders and Instructions from John Farren President for Mr. Courten at Goa concerning the same to act therein accordingly but the Dutch having taken away all their Chests with Papers and Writings and disappointed them of their Voyage whereby the said money was lost And this deponent saith that by reason of the said spoils and violence committed by the Dutch Mr. Courten's Factories at Atcheene Batacalla Rajapore Goa Carwer and Vizapore were disappointed of relief and reputation whereby they were forced to sell off what they had for their own subsistance But as to the particular damages of the 72000 l. sterling of Mr. Coutten and Company in the loss of their Goods and the intended voyage to Maccao as aforesaid he this Deponent referreth himself to the depositions taken in his Majesties High Court of Admiralty as aforesaid Thomas Newman Mense Januar. 28. Anno 1662. Jurat coram me Walter Littleton Milit. Legum Doctor uno Cancelar