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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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Godileive of Brugit under the Colour of Iacob Neitz Andreas Vanden Bogaerd Michael Vander Plancken Merchants of Brugis and others as owners upon a Voyage to France for Wine Brandy and Salt Captain Tyrence Byrne Commander of a small Frigat named the Royal having a Commission from the said George Carew persuant to the Letters Patents aforesaid for Reprizals against the Dutch Seized the said Ship near Port-land Bayin the Month of Iuly 1666. Laden with Wine Salt and other Goods from France bound for Amsterdam as by the Bills of Lading appeared The Master and Seamen being Examined by Mr. Exton the Mayor and other Magistrates of Chichester upon a Commission sent by Mr. Suckling out of the Admiralty Court at the instance of Ionathan Frost part owner of the Royal Frigat the whole Ships Company confessed themselves to be Hollanders and Zealanders Born that the Ship was taken by de Ruiter under the circumstances aforesaid and that they were bound for Amsterdam the Goods being Assigned to Merchents there Whereupon Sir Lyonell Ienkins decreed that there was good cause of Seizure and condemned the pietended owners of the said Ship Godileive in Expences but in regard one Peter Gerrard a French-man appeared by Mr. Francklin his Proctor and claymed the said Ship and Goods in the names of the said Iacob Neitz and others the King of Spains Subjects the Judge Ordered and decreed that upon payment of the Costs aforesaid and giving Bayl to abide the Sentence of the Court upon hearing the Cause that then the Ship and Goods should be delivered to the Claymors unto which the Captors Consented But Gerrard refusing to do the same Arrested the Captain in an Action of 1000 l. Valuing the Ship and Goods at that rate and the Captain being committed thereupon to the Marshalsea gave sufficient Bayl to the liking of the said Gerrard and his Proctor who neglected to proceed thereupon But upon new examinations of the Master and Seamen Exparte procured a sentence for discharging the said Ship and Goods and a Writ of Restitution whereupon the Vicadmiral and the Customhouse-waitors in whose Custody they were delivered the same accordingly Then finding some Imbezelements of the Salt and Wine in the Port of Chichester and other Damages by lying so long in dispute through their own default Gerrard and Francklin depending the Process against Byrne Exhibited a Lybel joyntly against Sir Edmond Turnor George Carew Tyrence Byrne and Ionathan Frost in the names of Iacob Neitz and the other Claymors and Procured an Arbitrary and unjust sentence against them all for 1800 l. Damages in spoyling their Voyage and Imbezealing their Goods From which Sentence Sir Edmond Turnor and George Carew appealed by themselves to the King in the High Court of Chancery Whereupon the Lord Keeper Bridgeman appointed the Lord Chief Iustice Rainsford Iudge Wilde Iudge Windham and Baron Littleton as adjuncts with Sir Richard Lloyd Sir Timetly Baldwin Sir Edward Low Dr. Pinfold Dr. Trumbal Dr. Digby and Dr. Briggs or a Competent number of them by Commission to re-hear and determine the same But the Judges upon several debates being divided in their opinions Concerning the Law of England in Cases of Personal Injuries and that Turnor and Carew ought not to suffer for the Trespass of another the Case depended undetermined until the Year 1678. Then one Peter Victorine appeared for the Claymors Peter Gerrard being run away and procured the Commission to be renewed by the Lord High Chancellor who appointed the Lord Chief Iustice North who had denied a Prohibition in the Case in the room of Justice Rainsford And said the Cause of appeal being appointed to be heard at Serjeants Inn in Chancery Lane on the 16th of March 1678. Sir Francis Winnington Sir Thomas Exton Mr. Thursby and Mr. Molloy being of Council for the said Turnor and Carew insisted as the truth was that no proof appeared in all the Process transmitted against them and that upon the said Neitz vander Plancken c. Their own shewing the Imbezelements were done in the Port of Chichester after the Capture which was in the body of the County of Sussex and therefore Tryable at the Common Law by Jury the Admiralty having no Jurisdiction therein several Statutes in the time of King Ric. 2. Edw. 3. and Hen. 4. Expresly forbidding those Incroachments upon the Common Law of England Yet the Lord Chief Justice North over-ruled all that was offered and confirmed the said unjust and Arbitrary Sentence and Signed the same whereupon Judge Wild and the rest followed and did the like The Sentence and Confirmation being brought ready drawn and Ingrossed in Parchment by the said Francklin for that end and purpose who caused the said Judges to Admonish the said Carew being then present to pay the said 1800 l. Cum Expencis before the first day of Easter Term following against which Sentence Confirmation and Admonition the said Carew protested openly before the said Judges as Erronious Arbitrary and unjust and also appealed to the last Parliament for a nullity thereof As also for Caution for his Costs and Charges unjustly sustained and to be sustained therein to be given by Mr. Foot a Merchant in Rood Lane and Mr. Hungerford who after Victrine Died Insolvent appeared for the said Claymors and Likewise for satisfaction of 500 l. with Interest from Mr. William Walker a Gouldsmith detained in his hands from the said Carew ever since the 24th of Iune 1669. under pretence of being obliged to the said Peter Gerrard upon the said Carews Appeal from the first Sentence But the Parliament being Dissolved the whole matter depends in statu quo for Redress according to the Judgment of Parliament the Justice and Equity of the Nation FINIS An. 1567. An. 1606. An. 1630. An. 1631. An. 1632. An. 1635. 10. August 1672. Old stile Referrees Lord Arlington Lord Ashley Mr. Treasurer Mr. Secretary Trevor Sir John Duncomb Register of Writs 126. Register of Writs 129. De arrests facto super bonis mercatorum alienigenium pro transfacta mercatoribus Angliae * ☞
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