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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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A Brief REMONSTRANCE Of the Grand Grievances and Oppressions Suffered by Sir William Courten and Sir Paul Pyndar K nts 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 Councel and Treaties of Peace and Common Alliance With several REMARKS thereupon For the Improvement of Navigation Trade and Commerce By JOHN BROWN of London Gent. LONDON Printed in the Year 1680. To the Right Honourable Sir ROBERT CLAYTON K nt Lord Mayor of the City of LONDON And to the Right Worshipful Sir THOMAS PLAYER K nt William Love and Thomas Pilkington E sqs MEMBERS of PARLIAMENT Chosen for the Honourable City of LONDON Right Honourable and Right Worshipful IT 'S agreed by all Divines Philosophers and Lawyers that every Man hath a Right to hold and injoy those things which he hath Righteously obtained even as the first Occupants of Lands retain a Reall Interest and Property by a Natural and civil Possession But the Hollanders and Zealanders of late would perswade Soveraign Princes and their Ministers to make no difference between Reason of State and common Right In whose Provinces the Soveraign Power resting in the Common People their Deputies were so bold in the infancy of their State soon after King Iames had delivered their cautionary Towns and quitted a great Sum of Money due to the Crown of England and perswaded the French King to discharge a greater That they at all times afterwards refused to settle any Regulation of Commerce and Navigation in the East-Indies and the Whale-Fishing the proper Discovery of the Russia Merchants but gave Laws concerning the old English Draperies Banishing all Died and Dressed Cloaths disputing the Tare of the rest after they had invited the Merchant Adventurers successively to Middleburgh Delfe and Rotterdam with priviledges since taken away yet some of the said Company are now Resident in Dort The People of Holland Zealand and Friezland having also incroached upon the Rights of Fisheries on the Coasts of England Scotland and Ireland Denying any Tribute although Spain and France at the same time purchased Licence by Treaty or Special Commission Sir DUDLEY CARLETON Demanded satisfaction and a regulation in those points in the year 1618. And also for reducing their Coyns to such a Standard that might hinder the Transporting of English Gold and Silver out of His Majesties Dominions The Prince of Orange their General after many Debates then told the Embassador Carleton that the Deputies of the several Cities in Holland Zealand and Freizland durst not touch upon those things especially that concerning Fisheries there being in those three Maritine Provinces one Hundred and fifty thousand People and upwards that had their Livelihoods and Dependencies upon the Fisheries on the British-Coasts but desired him to Write to Secretary NAUNTON to move the King that those Rights of Fisheries might be redeemed and Purchased for a Sum of Money King Iames being unwilling to treat upon those terms all the Debates rested re in facta What inestimable loss and Damages the Crown of England and the Subjects thereof and more particularly the City of London have suffered in the premises is fit for a Parliament to inquire after whereby they may find what is become of all the old broad Gold abased in Holland and afterwards bought up again for the English East-India Company The main Scope of this following Remonstrance is to give Your Honours an Exact account of the matters of Fact wherein those two Worthy Persons Sir William Courten and Sir Paul Pyndar were so grieved and oppressed that had been so necessary and serviceable to the Crown and Kingdom of England and after them their Heirs Executors Administrators and Creditors there wants no Vouchers within the Walls of this City to make Evident to the World the truth of every Paragraph herein that calls Aloud for Relief from the Justice of a Parliament The several Abstracts of the following Cases being of High Import to the Honour and Interest of the King and Kingdom may easily invite every Person that is a Lover of his Country to a thorow perusal thereof and even to Gratifie himself with some Remarks not Vulgarly known Obliging thereby Right Honourable And Right Worshipfnl Your most Obedient and Humble Servant JOHN BROWN 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 with several Remarks thereupon Humbly represented to both Houses of Parliament Prorogued to the 21 of October 1680. THAT upon confidence and expectation of Protection and Preservation of their Lives Liberties and Estates with the quiet injoyment of the Protestant Religion under the Government of Queen Elizabeth and Her Successors Many Worthy persons related to Sr. William Courten transported Themselves and their Families out of Flanders Brabant and the other Spanish Netherlands amongst whom the Father and Mother of Sr. William Courten arrived in England from Menen in Flanders in the year 1567. And having remitted their Monies and other Effects from beyond the Seas exercised the Trade of Merchandizing in Silks and Linen during their Lives in the City of London and left two Sons and a Daughter named William Peter and Margaret Courten unto whom they gave plentiful Estates Sr. William Courten being the eldest Son intermarried with the Daughter and Heir of Peter Cromeling a Linen-Merchant of Coutrick in Flanders who left a personal Estate of sixty Thousand Pounds Sterling to his said Daughter provided that fifty Thousand Pounds thereof should be laid out in Lands in the Kingdom of England and settled upon Peter Courten his Grandchild begotten of his said Daughter by the said Sr. William which settlement was made accordingly And the said Peter afterwards being made a Barronet married with the Lord Stannop's Daughter but died without Issue and left the Estate to Sr. William Courten his Father In the Year 1606 Sr. William Courten Peter Courten his brother and Iohn Moncy of London Merchant who married the said Margaret Courten Widow of Matthias Boudaen entred into a Trade of Partnership with a joynt Stock two parts whereof belonged to Sir William Courten and to the said Peter Courten and Iohn Moncy each a fourth part This Trade in Company was carried on for 24 years together to several parts of the World wherein they returned yearly 200000 l. Sterling and upwards Communibus Annis in the Linen Trade Italian Trade Barbary Trade French Trade and Whale-Fishing upon their Joynt Stock aforesaid then Peter Courten in the year 1630 being lately Knighted in England dyed at Middleburgh in Zealand where he lived and had gotten the greatest part of the effects abroad into his hands and left Peter Boudaen Son of the said Matthias his Executor And in the year following Iohn Moncy transported himself from London to Zealand to settle the Accompts
and Goods by vertue hereof to be taken proved to belong to the said States General or any of their Subjects to be lawfull prize to the said Sir Edmond Turnor and George Carew their Executors Administrators or Assigns as aforesaid according to our Princely intention hereby signified and expressed and to take care that this Our Royal Commission be duly executed and favourably interpreted and construed in all respects to the benefit and best advantage of the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns as aforesaid In Witness whereof We have caused these Our Letters to be made Patents Witness Our self at Westminster the 19. day of May in the 17. Year of Our Reign Per ip'm Regem It is to be considered that upon some Spoyls and Depredations done by the West-India Company of Holland to the English upon the Coast of Guinny whereby the Affrican Company suffered great Dammages and Affronts the King and His Royal Highness the Duke of York having particular shares and proportions therein for want of Satisfaction and Reparation In conclusion General Reprizals were Proclaimed against the States and their Subjects before this grant aforesaid passed for Particular and Special Reprizals in Courtens Case although it was in agitation some years before Yet after all this the Proprietors Applyed themselves respectively to the States and Directors of the East-India Company to accomodate that Affair rather then to put the said Grant into Execution and when nothing would prevail several Commissions in the year 1666. were Assigned to Captain Edward Lucy Nicholas Carew Iohn Holmes Edward Manning Tyrence Byrne and other Captains and Commanders who brought in several Ships and their Ladings as Prize but in regard the Hollanders Traded under the Colours and Trusts of the Swedes Hamburgers Flemmings Breamers Dantzickers Lubeckers and other Nations in Common amity with England the Ships and Goods so brought in were most of them claimed by several Agents from the Subjects of those Nations or the Residents of those Princes and States whereupon they were restored by the Judge of the Admiralty so that there was not bona fide Fifteen Hundred Pounds recovered as by the Register in the Court of Admiralty appears before a Proclimation Issued forth on the 10th of August 1666. to suspend the Execution of the said Letters Patents under pretence of Misdemeanours in the Captains with an Order of the Councel Table of the same Date to Commit the said George Carew who granted the said Commissions although neither of the said Captains nor the said Carew were ever Summoned or Questioned judicially to answer any charge against them Then the Proprietors and Persons interested Presented their Petition to His Majestie to have some satisfaction for the present out of the Prizes taken from the East-India Company of Holland and others by the Kings Ships but answer was given that they were to be disposed for other Services the War being Proclaimed for General Reprizals and that the Petitionors might resort to their own special Grant in a more seasonable time the Seamen being wanting for the Kings Ships Then some of the most considerable Creditors made several inspections into His Majesties Speeches and Orders of both Houses in relation to the War against Holland A very remarkable one being deliver'd by the Earl of Manchester Lord Chamberlain of His Majesties Household with his Speech made to the Lord Mayor Aldermen and worthy Citizens of London at a Common-Hall on Tuesday the 1. of December 1664. viz Die Veneris 25. November 1664 Ordered by the Lords Spiritual and Temporal and Commons in Parliament Assembled that the thanks of both Houses of Parliament be given unto the City of London for their forwardness in Assisting His Majesty and in Particular for Furnishing Him with several great Sums of Money towards His preparations for the Honour Safety and Trade of this Nation And more Especially well weighed several Periods of His Majesties Speech to both Houses of Parliament on the 24th of November 1664. as followeth viz. Mr. Speaker ANd you Gentlemen of the House of Commons I know not whether it be worth My pains to endeavour to remove a vile Iealousie which some ill Men scatter abroad and which I am sure will never sinck into the breast of any Man who is worthy to sit upon your Benches that when you have given me a Noble and proportionable Supply for the support of a War I may be induced by some evil Councelors for they will be thought to think very respectively of my own Person to make a suddain Peace and get all that Mony for my own private occasions But let me tell you and you may be most confident of it that when I am compelled to enter into a War for the Protection Honour and Benefit of my Subjects I will God Willing not make a Peace but upon the obtaining and securing those ends for which the War is entred into and when that can be done no good Man will be sorry for the determination of it WHereupon the Commons of England acknowledging in the Preamble of their Acts with all humility and thankfulness to His Majestie for his abundant care in their preservation at Sea and of the great Charge necessary for the defence thereof Granted at several times Five Millions Four Hundred and Four Thousand Seven Hundred and Fifty Pounds Eleven Shillings and Eight Pence for Extraordinary Supplies towards the Wars out of which his Royal Highness the Duke of York had the Sum of One Hundred and Twenty Thousand Nine Hundred and Two Pounds Fiftéen Shillings and Eight Pence a Months Tax for his Heroick courage at Sea against the Hollanders Upon this consideration the said Creditors and those intrested in the Letters Patents for the special Reprizals applied themselves again in season and out of season to His Majestie and the Councel for some Reparations out of the Imbeazilments of the Prizes taken by the Kings Ships from the Dutch or out of the Monies given by Parliament but answer was made that His Majestie had done for the Petitioners already all what the Law required and so they might rest satisfi'd therewith the Debt being stated and ascertained by a Grant for reparation under the Great Seal of England Afterwards in the Month of Iune 1667. Preparations being made for a Treaty of Peace and common Alliance at Breda the Creditors and Proprietors concern'd in the Bona Esperanza and Henry Bonadventura applied themselves to the King and Ambassadors Extroardinary on both sides as also unto the Directors of the East-India Company of the Netherlands that satisfaction might be given in that singular Case of Courten to take away the continual Claim and Execution so intailed by the Especial Grant under the Great Seal of England that would perpetually be incumbant upon the States General and the East-India Company of the Netherlands until Restitution be made then Iohn de Wit the Pensionarie of Holland who offered Four Hundred Thousand Guilders in the year