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A29745 A brief remonstrance of the grand grievances and oppressions suffered by Sir William Courten and Sir Paul Pyndar, knts., deceased as also by their heirs, executors, administrators, and creditors : humbly represented to both Houses of Parliament, prorogued to 21 October 1680 : faithfully collected out of several courts of record, orders of counsel, and treaties of peace and common alliance : with several remarks thereupon for the improvement of naviagation, trade, and commerce / by John Brown. Brown, John, of London. 1680 (1680) Wing B5025; ESTC R27230 34,787 30

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Enimies But before any of the said Ships returned Sir William Courten died upon whose Foundation the East-India Company of England afterwards take their times steps Measures of Trade and Correspondence Sir William Courten in his Life-time having contracted many great Debts concerning his several undertakings and ways of Traffick aforesaid left his only Son and Heir William Courten his sole Executor obliging him upon his Death-bed to preserve his Credit at home and abroad especially to prosecute the East-India Trade But soon after the News of Sir Courten's Death was spread in the Low-Countreys the East-India Company of the Netherlands by Force and Fraud used all the Stratagems possible to ruine Mr. Courten's Trading Voyages And after the loss of the two Ships Dragon and Catherine richly Laden from China and Iapan The Officers of the Dutch East-India Company in the beginning of the year 1643 and in the midst of the disorders in England took advantage when the King could not protect his Subjects abroad to spoil Mr Courten and his Partners of other Ships Goods and Merchandize in those remote parts of India But the Constitutions of these times for the space of 20 years from 1640. to 1660. rendred Mr. Courten Sir Paul Pyndar and their Associates so obnoxious to the Powers in being that Mr. Courten was forced out of England and died in his Exile The others remained passive until the King 's most happy Restauration who then for 4 years together earnestly sollicited both at home and abroad upon the Kings Recommendation and Order of the Council-Table for restitution and reparation for the spoyls and depredations of the two Ships Bona Esperanza and Henry Bonadventura without effect Notwithstanding a Worthy Member of the Commons in Parliament had a considerable Sum of Money deposited in his hands in trust to be placed in Holland to procure an honourable Composition from the States or the East-India Company of the Netherlands which was not done yet this worthy Member does not only refuse to refund the Mony but being sued in Chancery for it sometimes insists upon the Priviledge of a Parliament and at other times pleads the Statuts of Limitations Then a Grant passed under the Seal of England of common Right in due form of Law for Satisfaction and Indempnity of the persons interested and injured An Authentick Copy whereof hereafter follows A Copy of the Letters Paetents for Reprisals against the States General and their Subjects Inrolled in Chancery for Satisfaction of 151612 l. Sterling with Costs and Damages 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 belocging co 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 Uoyage 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 Bonadventura 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 Adresses of Francis Earl of Shrewsbury and William Courten Esq Grand-son 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 Baronett 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 Baronet 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 béen 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 Admiralty Court of England upon Our Command to certify to Us the value of the Losses and Damages sustained by the said William Courten and Partners whose Interests 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 despoiled 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 Cotucil 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
of the Company where he died in the year 1631 at the House of the said Peter Boudaen before the Accompts were finish'd and left Sir William Courten and Peter Bondaen his Excecutors liable to pay the Debts of the Company due upon Bonds to divers persons in England Flanders and Brabant which were many and great Sir William Courten by his second Wife the Daughter of Mr. Moses Tryan had one Son and three Daughters named William Hester Mary and Ann who were married into several Noble and Worthy Families viz. Hester intermarried with Sir Edward Littleton of Pilleton-Hall in the County of Stafford Barronet Ann intermarried with Essex Deverux of Leigh-Court in the County of Worcester Esq after his decease with Sir Richard Knightly of Fausely in the County of Northampton Mary intermarried with Anthony Earl of Kent and William the Son and Heir intermarried with the Lady Catherine Daughter of Iohn late Earl of Bridgewater After the decease of the two Partners aforesaid both free Denizons of England Sir William Courten endeavoured to settle the said Accompts and to call home the effects of his Estate out of the hands of Peter Boudaen Merchant at Middleburgh which could not be done by any means during the Life of Sir William Courten the Magistrates of Middleburgh having protected him from the ordinary course of Justice as they have done his Sons and Heirs ever since in several Suits depending to the Damage of Courten and his Creditors the Sum of 123460 l. Sterling and upwards as by the Ballance of the Books kept by Mr. Iohn Moncy in England appears Sir Peter Courten and the said Peter Boudaen having qualified themselves to be Directors of the East and West-India Companies by purchasing many great original Actions in the Chambers at Middleburgh in Zealand with the very individual Monies gotten into their hands out of the proper Estates of Sir William Courten and his Creditors The Magistrates of Holland and Zealand holding it for a Maxim that it would be of bad consequence to their State if they did not protect Strangers and their Goods against all other Forreign Invasions whatsoever The like Protection the States of Holland have given to Iacob Pergens of Amsterdam by express Orders to the Courts of Iudicature at Amsterdam and the Hague that they should refuse English-men all the ways of Justice upon several Actions depending against the said Pergens for Monies gotten into his Possession upon several Trusts Letters of Attorney and private Contracts with William Courten Esq amounting to 15000 l. Sterling and upwards Even for which the said Pergens by his own Covenant had contracted to be accountable to the said Courten or his Assigns This Iacob Pergens was born at Cologne in Germany bred up in London and made a free Denizon of England then upon his marriage with the Sister of Peter Boudaen became a Burgher of Middleburgh afterwards an Inhabitant at Amsterdam and one of the Directors of the West-India Company there who claims sometimes the priviledge of an English-man at other times of a German and as occasion offers he claims the priviledge of a Zealander and often times of a Citizen and Free-Burger of Amsterdam and when he is impleaded at any other place his Exceptions are That he ought not to be sued in any place but only before his Competent Judges of Amsterdam where the Courts of Justice are closed up against all English-men that prosecute their rights against him Sir William Courten in his particular Trade distinct from the Company having received several wrongs and injuries by the Spaniards procured Letters of Mart or Reprizals in the second year of the late King Charles to do himself Right and Justic and sent forth Captain Iohn Powel and Henry Powel his Brother with two Frigats well fitted aud equipped into the West-Indies who having discovered the Island of Barbadoes not inhabited by any people whatsoever landed there and made a survey of the Soil and Scituation and at their return perswaded Sir William Courten to fortifie and settle Plantations upon the said Island who did at his own proper Costs and Charges expend the Sum of 28000 l. Sterling in Building Plantations and Transporting Men Women and Servants And being in quiet possession for the space of two years he procured a Grant under the Great Seal of England Tertio Caroli primi to the Earl of Pembroke and his certain Deputies for the Government thereof according to the Laws of England which subjected the same to the Dominion of the King but the Freehold and Soil by the Law and Original of all Propriety was rested in Sir William Courten and his Heirs for ever Nevertheless Iames late Earl of Carlisle by colour of a pretended Grant as Lord Proprietor of the Caribee Islands in the year 1628 with his Complices Subjects of England enters the said Island by force of Arms and dispossessed the said Sir William Courten his Servants and Planters of their Fortifications Houses and Plantations and do still continue the possession thereof against all Justice and common Right many Families having raised themselves by the Fruits and profits of the said Island out of the ruins of Sir William Courten and his Creditors In the year 1632 Sir William Courten having procured several Fishermen and their Families out of Holland and Zealand as also Net-makers and Ship-Carpenters for building Herring-Busses and Dogger-Boats They were made free Denizens of England and dwelt in divers Towns adjacent to the Sea Then several joynt Stocks were raised for incouraging the Herring-Fishing and Cod-Fishing upon the English Coasts Whereupon the Hollanders and Zealanders under hand got Letters of Mart from the Spaniards and took the said English Busses and Doggers and procur'd them to be confiscated at Oast-End and Dunkirk under pretence they were Dutch Effects And oftentimes fishing in company with the English would in the Night time cast great Stones into their Nets and spoil their whole Voyages for that season by which indirect practices the English were so discouraged that after the loss of above 50000 l. Sterling and upwards in the Enterprize as appears by the Accompts of Sir William Courten and the other Treasurers the whole undertaking was laid aside in Companies to the great Damage and Dishonour of the King and Kingdom That the late King Charles in the 11th year of his Reign together with several Lords of the Council perswaded the said Sir William Courten to undertake Trading Voyages to China and Iapan and for that purpose granted him and others in Company with him a new Charter for an East-India Trade in the year 1635. Then Sir Paul Pyndar being a man of a publick Spirit was moved by the King to furnish and advance the Sum of 36000 l. to Sir William Courten in the first Expedition for which he had assignments upon several Ships The Hollanders then finding that it might hinder their Commerce obstructed them in the said Voyages under pretence that they traded with the Portugals their
English Ships Sailing directly from several Ports of England for Antwerp were stopt by a Man of War lying over against the Fort at Lillo some of them being Laden with New-Castle Coles although the Masters offered to pay what Tolls or Customs were reasonable but all would not serve their turn the Ships were forced to go back again to Flushing or Roterdam and there to unlade and pay the Duties of those Ports besides all petty Charges and then constrained to lade them in small Dutch-Roats and to pay them Fraight at their own Prices besides other Charges at Lillo and also at the Spanish Fort of St. Mary to the intolerable Expence and Burthen of His Majesties Subjects although the River ought to be free by the very Words of Stipulation in the said Treaty Marine for all English Ships of any Burthen being one of the best Navigable Rivers in the World A Ship Laden with 400 Tunn of Goods being passable to the Port of Antwerp at low Water In this River the Dutch Seamen were lately so bold to Attaque a Vessel wherein Sir Lyonel Ienkins comming from Nimegen was Imbarqued for England from the City of Antwerp presuming to demand Custom for Goods therein as of all other Ships passing through that Navigable River So that all the Material Demands in Agitation at Cologne Anno 1673 viz the regulation of Trade in the East-Indies settling the Freedom of Navigation in Europe the Arrears for Fishing upon the English Coast and ascertaining a settled Revenue to the Crown out of every Buss and Dogger Boat for that liberty hereafter and even the Reparations for Courtens Debts and Damages remains in sttatu quo unsettled The States of Holland falsly pretending that their Friends in the House of Commons would not have those points insisted upon by the King In the Year 1677. Several of the Proprietors Creditors and others Interested made fresh Applications to the King and Councel to be Heard and Relieved in the Premises and their former Complaints Whereupon these two following Orders of the Councel-Table were made At the Court at White-Hall the 24 th of Iuly 1677. By the Kings Most Excellent Majesty and the Lords of His Majesties Most Honourable Privy Council UPon the humble Petition of Thomas Kynaston Merchant George Porter Esq Son and Heir of Endimion Porter Esq and Thomas Tounsend Esq Adventurers in the joynt stock with Sir William Courten to the East-Indies George Carew Esq Administrator of Sir William Courten and Sir Paul Pindar Charles Earl of Shrewsbury Sir Thomas Meers Rt. Executor of Sir Erasmus de la Fountain Rt. deceased George Cole Thomas Coppin and Charles Whitaker Esqs on the behalf of themselves and others with many Orphans and Widows Creditors of Sir William Courten and his Son and Sir Edward Littleton and the late Earl of Bridgewater deceased Praying that they may be heard at this Board upon their former Petition setting forth their great losses and damages sustained by the East-India Company of the Netherlands by reason of their violent Depredation upon the two Ships the Bona Esperanza and the Henry Bonadventura His Majesty was pleased to appoint Wednesday the 10 th of October next for hearing the Petitioners by themselves or their Council Learned upon the matter of their said former Petition At which time all Parties concerned are to give their attendance JOHN NICHOLAS At the Court at White-Hall the 24 th of Iuly 1677. By the Kings Most Excellent Majesty and the Lords of His Majesties Most Honourable Privy Council UPon the Humble Petition of George Carew Esq Administrator of the Goods and Chattels of Sir William Courten and Sir Paul Pyndar Sir Thomas Meers Kt. Executor of Sir Erasmus de la Fountain Thomas Coppin Gilberd Crouch and William Hinton Esq Valentina Bazilla Loyd Executrix of Sir Peter Vanloar and Elizabeth Bartlet Widows Mark Fletcher and Thomas Carter Merchants on the behalf of themselves and many Hundreds of His Majesties Subjects of England herein concerned setting forth the Sinister Practices used by Peter Boudaen of Middleburgh Merchant Nephew and sole Executor of Sir Peter Courten in Possessing himself of the Estate Real and Personal of the said Sir Peter avoiding to come to any Accompt for the same and obstructing the ordinary Court of Iustice during his life as his Sons and Heirs have since done whereby the due Administration of Iustice hath been often denied and the Iudicial Acts and Decrees of the Prerogative Court and High Court of Chancery in this Kingdom slighted and contemn'd in the ordinary Courts of Iudicature in Holland and Zealand Whereby Order from the States in the year 1676. Iustice was positively denied the Petitioners to the great Oppression of them and of many Orphans and Widows claiming the Effects and Sir William Courten's Estate and his Sons as also of Mr. John Moncy's and Sir Paul Pyndars gotten into the Hands of the said Boudaen Pergens and others Inhabitants of Amsterdam and Middelburgh to the value of two hundred and fifty thousand pounds And therefore praying that speedy satisfaction may be required from the Embassadour Extraordinary of the States General or that Commissioners on either side may be forthwith named to inspect the Accompts between both Parties and determine the same according to Right His Majesty was pleased to appoint Wednesday the 10 th of October next for hearing the Petitioners at the Board concerning this business at which time the Parties concerned are to give their attendance and bring their Council Learned if they please JOHN NICHOLAS AFter two of the Petitioners with a Friend of theirs Addressed themselves to Mons. Van Beuninghen the Dutch Ambassador at his House in Westminster with Authentique Copies of the said Orders under the Seal of the Office Desiring that his Excellency would take notice thereof and make any defence at the Council Table by his Advocates if he pleased Whereupon after he and his Secretary had perused the same his Excellency toar the Orders in Pieces and gave the Petitioners very Menacing Language and so parted out of his Anti-chamber Then some of the Creditors who thought they had done a kindness to the Ambassador by sending him timely notice caused the said Order of Councel to be Printed with the Embssadors Deportment underneath and sent him the same in a Letter who thereupon gave in a long Memorial on the 12th of September 1677. in French to the King Complaining that three Persons had highly Affronted him by leaving a Citation with him to appear before the Council Table on the 10th of October following Alledging in his said Memorial that it was a proceeding of a very high nature the most Injurious violation of the Respects to the most Sacred Laws of Nations and prayed Reparations proportionable to the Grandeur of so outragious and publique Offence And moreover that His Majesty would oblige the Interested Persons to wave all their said demands as Mortified and Extinguished pretences It was a grand Mistake in his Excellency after all his Rodomontadoes