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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