Selected quad for the lemma: lord_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
lord_n	earl_n	sir_n	treasurer_n	13,982	5	10.9987	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A41836	A brief narrative and deduction of the several remarkable cases of Sir William Courten, and Sir Paul Pyndar, Knights, and William Courten late of London Esquire, deceased their heirs, executors, administrators and assigns, together with their surviving partners and adventurers with them to the East-Indies, China and Japan, and divers other parts of Asia, Europe, Africa and America : faithfully represented to both houses of Parliament.	Graves, Edward.	1679 (1679)	Wing G1605; ESTC R39444	18,876	18

A Brief NARRATIVE And Deduction of the several Remarkable Cases of Sir William Courten and Sir Paul Pyndar Knights and William Courten late of London Esquire Deceased Their Heirs Executors Administrators and Assigns together with their Surviving Partners and Adventurers with them to the East-Indies China and Iapan and divers other parts of Asia Europe Africa and America Faithfully represented to both Houses of Parliament Reduced under four Principal Heads viz. I. The Discovery and Plantation of Barbadoes II. Their Vndertakings and Expeditions to the East-India China and Japan III. The Denyal of Iustice upon their civil Actions depending in Holland and Zealand IV. Their Loanes and Supplyes for the Service of the Crown upon the Collection of Fines and Compositions out of the Popish Recusants Estates c. Recollected out of the Original Writings and Records for publick Satisfaction London Printed in the Year 1679. To the Right Honorable the Lords Spiritual and Temporal And to the Honorable the Knights Citizens and Burgesses in Parliament Assembled Right Honorable and most Worthy Patriots THE following Narrative and Deduction of the several Cases gives a brief Account of the vast Improvement and Riches of England by Trade and Enterprises of those two famous Merchants Sir William Courten and Sir Paul Pyndar Knights Deceased who for their Publick Spirits and Loyalty had not their Equals in the Age they lived Their Names being as well known as their Memorable Actions throughout the World Their great disbursements upon several emergent Occasions and their Greater Losses occasioned by the unhappiness of the late troublesom Times when Iustice was not only Obstructed but perverted to their great prejudice and oppression Wherefore the Complaynants thought it most seasonable and convenient to give this following Relation of their Services and Sufferings and consequently of the Losses and Damages sustained by their Heirs Executors Administrators and Creditors which include many Hundred Families within the City of London and this Kingdom The causes of Complaint continuing so long are the more grievous under a Government so renowned for the Laws Liberties and Properties of the Subjects Yet since it is the Priviledg of English men to represent their Grievances in Parliament the Complaynants have modestly done it being ready with their Vouchers upon Record to justify every particular of their Charge promising to themselves in this Iuncture that the Cause of the Widdows and Fatherless may be heard and relieved It is very remarkable That the Ancestors of Sir William Courten fled out of Flanders into England for Protection of their Lives Liberties and Estates in the time of Queen Elizabeth from the Spanish Inquisition under Duke de Alva And that William Courten Esq was forced out of England to preserve himself from Want and Imprisonment And even his Son William Courten the Grand Child of Sir William constrained to live in Exile to escape the Prosecutions of his Fathers and Grandfathers Creditors inter alia for those very Moneys lent to supply King James and King Charles the First towards the Support of the King of Bohemia and Relief of Rochel and the Isle of Ree The several Abstracts of these following Cases being of very 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 through perusal and even to gratify himself with some remarques not vulgarly known Obliging thereby Among all the rest of the persons interessed and concern'd Your most Obedient and Devoted Servants Edward Graves Thomas Townesend Elizabeth Whitaker Iames Boeve Gilbert Crouch Thomas Norton Richard Powell Nath. Hill George Carew Thomas Coppin William Hinton Volentina Lloyd A Brief Narrative and deduction of the several remarkable Cases of Sir William Courten and Sir Paul Pyndar Knights and William Courten late of London Esquire Deceased Their Heirs Executors Administrators and Assigns together with their Surviving Partners and Adventurers with them to the East-Indies China and Iapan and divers other parts of Asia Europe Africa and America Faithfully represented to both Houses of Parliament Reduced under four Principal Heads viz. I. The Discovery and Plantation of Barbadoes II. Their Vndertakings and Expeditions to the East-India China and Japan III. The Denyal of Iustice upon their civil Actions depending in Holland and Zealand IV. Their Loanes and Supplyes for the Service of the Crown upon the Collection of Fines and Compositions out of the Popish Recusants Estates c. As followeth viz. I. Barbadoes THAT Sir William Courten at his own proper Costs and Charges first Discovered Planted and Possessed the Island of Barbadoes before any Subject or Inhabitant belonging to any Nation or Kingdom whatsoever That he Fortified the said Island and expended 28600 l. sterling in Fortifications Buildings and settling Plantations before he had a Patent under the Great Seal of England for the Government thereof in the third year of King Charles the First which subjected the same to the Dominion of the King And being in the quiet Possession of the said Island for the space of two years and upwards had allotted out several Plantations to others under acknowledgments of Quit-Rents so that he could not be disseised thereof without manifest Injustice That by the Law of England The Heirs and Assigns of Sir William Courten retain a Freehold in the said Island according to the Original of all Propriety Notwithstanding Iames late Earl of Carlisle by an Arbitrary and pretended Power and Authority as Lord Proprietor of all the Carribee Islands in the year 1628. with his Complices Subjects of England entred the said Island of Barbados by force of Arms and spoiled Sir William Courten his Servants and Planters of their Lands Houses Fortifications and Possessions which Intrusion doth not create a Right to any that claim under the said Earl or others that got into Possession afterwards by Colour of his pretended Title The Honour of the King being to be preferred before the Profit of the King Bracton lib. 2. Cap. 2. de acquirendo rerum dominio si insula in Mari nata sit occupantis sic occupanti conceditur and the Book saith It is tantum divina natura aperante That these wrongs and oppressions have been divers times made appear both in matters of Fact and Law But in regard there was no Parliament held in England for the space of 13 years after the said Force and Injury committed Sir William Courten and his Son could not find any relief against the said Earl of Carlisle or his Agents and Complices the said Earl being so powerful with the chief Ministers of State at that time And by reason of other Spoils and Depredations committed upon Sir William Courten and his Son by the East India Company of the Netherlands hereafter particularly mentioned all further prosecution for satisfaction and reparation of Damages was suspended pro tempore That William Courten Son and Heir of the said Sir William fled into Italy where he died indebted to his own Creditors 64000

Spoils and depradations Maurice Thompson of London Merchant and others upon a private Account set forth several Ships for Trading Voyages to the East Indies upon the same Foundations laid by Sir William Courten The said Thompson having first gotten the Books and Papers of Instructions for that Trade from the Lady Katharine Courten and made Returns of Ten for one upon those Trading Voyages as the said Thompson himself Confessed before Credible Witnesses yet living Afterwards the Usurper Cromwell having setled the East-India Company by a New and Large Charter of Priviledges conformable to Sir William Courtens Grant from the King Which Charter was renewed to the East-India Company since his Majesties Restauration Three of the Companies Ships called the Postillion the Frederick and the Francis and Iohn upon the like Trading Voyages being stopt in their passage in the East India by the Officers and Men of War belonging to the Dutch East-India Company and their Voyage spoiled Upon their Complaint to Cromwell he immediately required by his Embassador at the Hague satisfaction and reparation to be made for the said Loss and Damages sustained which the East-India Company of the Netherlands were enjoyned by the States General upon his Demand forthwith to satisfy and pay at the Price Currant upon a computation of Returns as if they had made their Voyages home from those Parts Farther Prosecutions since the 29th of May 1660. Upon the Kings most Happy Restauration the Complaynants made fresh Applications to his Majesty in Council for Satisfaction of the said Spoils and Damages of the Bona Esperanza and Henry Bona Adventura and after sixteen Months debate between the Dutch Embassadors in England and the Kings Commissioners appointed to Treat with them at White-Hall it was agreed in the Treaty of Peace concluded at Westminster the 14 th of Septemb. 1662. That the said spoils and Damages of the Bona Esperanza and Henry Bona Adventura should be reserved from the general Abolition and extinguishment of all Offences Injuries Losses and Damages whatsoever for satisfaction and reparation to be-composed in an amicable way In pursuance whereof two several Memorials were given in at the Hague to the States General by Sir George Downing Envoy Extraordinary from his Majesty yet nothing could be obtained but impertinent Offers of Commencing Suits at Law against Iacob Pergens and Peter Boudaen at that time Bayl for the said Pergens who had defrauded the Dutch East India Company of 85000 Gilders upon false pretences of Assignments from William Courten of his Interest and Share in the said Ships which he had formerly granted to Sir Paul Pyndar the said East-India Company having intimation thereof After all which fruitless applications and endeavours at a great expence Dr. Exton Judge of the High Court of Admiralty in England by the Kings Command upon the proofs made before him reported the Damages to amount to 151612 l. Then upon the Humble Petition of Francis late Earl of Shrewsbury Sir Iohn Ayton Knight Charles Whitacre and others of the Complaynants on the behalf of themselves and the rest His Majesty with the Advice of the Lords of his Privy Council was gratiously pleased to grant Letters of Reprizal for the said Summ of 151612 l. under the great Seal of England in due form of Law grounded upon several Acts of Parliament and Statutes of this Realm wherein every Subject of England hath an Interest unto Sir Edmund Turner Knight and George Carew Esq their Executors Administrators and Assigns for the Use and Benefit of your Complaynants to continue in full force and effect until the summ of 151612 l. should be recovered with damages or the matter composed between the East-India Company of the Netherlands and your Complaynants concerning whom his Majesty hath declared in his Grant That he was obliged in Justice and Honor to see them satisfyed and repayed And that no Treaty whatsoever between his Majesty and the said States should obstruct the Recovery or Payment thereof by force or a fair agreement the said 151612 l being the only Debt liquidated ratified and confirmed judicially to be satisfyed as is more at large recited in the Letters Patents bearing Date at Westminster the 19 th day of May in the Seventeenth Year of the Reign of King Charles the Second and Inrolled in the High Court of Chancery Actions at Law depending in Holland and Zealand against Iacob Pergens and the Executors of Peter Boudaen and David Goubard at the Suits of the Executors Administrators and Assigns of Sir William Courten Sir Paul Pyndar and William Courten Esq An Action upon the Accompts concerning the Linnen Trade against the Sons and Daughters of Peter Boudaen for 122000 l. An Attachment in the Bank for 12000 Gilders of David Goubards An Action against Jacob Pergens and the Heirs of Sir Jacob Gats for 3000 l. lent by Sir William Courten upon Bond. An Action against the said Jacob Pergens for 5500 l. sterling upon his Covenant for Moneys received in Trust for William Courten Esq Three several Actions against the Heyres and Executors of Peter Boudaen for 4000 l. Legacies given to Sir William Courten James Boeve and William Courten Esq by Sir Peter Courten and John Money These Actions came not under any Consideration whatsoever upon Publick Treaties neither can they fall under the construction of Offences Injuries Damages and Losses arising by Spoils and Depredations upon the Sea for which another proper Remedy is Granted Nevertheless The War having continued between the King and the States General for the space of two years and a half A Treaty was concluded at Breda on the 21 of Iuly 1667. Old Style mentioning that all Offences Injuries Damages and Losses should be extinguished without any notice taken in the said Articles of any compensation to be made to the Complaynants that lay under all the Circumstances aforesaid Iustice denyed in Holland and Zealand IN the Third place your Complaynants do most humbly represent the Injustice done them by the States of Holland and Zealand as followeth viz. Sir William Courten of London Merchant Sir Peter Courten of Middleburgh in Zealand Merchant and Iohn Moncy of London Merchant entred into Partnership in Trade with a Joynt Stock in the year 1606 the moiety of the said Stock belonging to Sir William Courten and to each of the other a fourth part with which they Traded to Italy Spain Portugal the Coast of Barbary and other parts of the World But chiefly carried on a great Stock in the Linnen Trade both from Holland and Flanders during their Lives Besides they yearly employed four or five Ships fitted out of Zealand for Greenland with Biscayners for their Harponeers in the Whale Fishing This Copartnership continued thirty years wherein they made Returns of Two Hundred Thousand pounds Sterling per Annum at least But the Accompts were not liquidated in Fourteen years before the Death of Sir William Courten who took up of your Complaynants divers great Sums of Money upon Exchange and Obligations

on the accompt of their Copartnership That Sir Peter Courten at the time of his Death stood indebted to the General Stock 129426 l. 00 s. 10 d. as by the Ballance of the Books of Accompts kept in London appears which rests in the hands of Peter Boudaen and his Sons Executors of Sir Peter Courten That the Executors of Sir Peter Courten and Iohn Moncy living in Middleburgh aforesaid refused upon the Death of Sir William Courten to come to any Accompt for the said 129426 l. 0 s. 10 d. in their hands whereupon a Suite was commenced against them by Mr Iames Boeve in Middleburgh the said Boeve having been formerly a Servant and Book-keeper to Iohn Moncy who had a Procuration for that purpose and advanced very far in the prosecution thereof until the Boudaens caused the said Boeve to be Arrested upon a great feigned Action and kept him several years in Prison on purpose to obstruct him in carrying on the Action of Accompt Commenced against them and depending in the ordinary Courts of Judicature in Holland and Zealand And to avoid the said Action do now insist That by the general Words of the Articles of the Treaty at Breda viz. all Offences Injuries Losses and Damages the Executors of Sir Peter Courten Iohn Moncy Peter Boudaen and Iacob Pergens are discharged and released of all Actions relating to Accompts Obligations particular Contracts or Covenants whatsoever with English men upon which any Suite was depending before the said Treaty at Breda And that the States of Holland having made that Construction upon the said Articles and consequently interdicted their Courts of Judicature from doing Justice to your Complaynants they hold themselves discharged accordingly Which is a President of that dangerous Consequence against all Civil Society and Commerce that no English man can be safe in his Property and Estate that Trade with the Hollanders if such forced interpretations shall take effect Which are left to the great Wisdom and apprehension of this Parliament to report their Opinion with an effectual recommendation thereof to the King Further Prosecutions concerning the Bona Esperanza c. That new Differences arising betwen the King of England and the States General in the Year 1671. another War was Proclaimed against them in London and about the same time the French King also denounced War against the said States your Complaynants then made farther applications to the King and Council at Whitehall for relief in the Premisses which were referred to a Select Committee of the Lords who fully represented the said Spoils Debts and Damages to his Majesty with their Opinion That the States not performing their Covenants and Agreements with the King the Obligations of all past Treaties were Cancelled and of no force and that it was Just and Seasonable for his Majesty to insist upon satisfaction and reparation for the Complaynants as freely as if no such Treaties had ever been made as by their Report under their Hands Dated the 29 of June 1672 appeares And which will be a continual claim from one Generation to another until an actual Satisfaction and Reparation be made to the persons interessed and injured That in pursuance thereof several Letters from the King and Orders from the Council Board with special Instructions from the Principal Secretaries of State were sent to the Lords Ambassadors and Plenipotentiaries from his Majesty during the Treaties both at Utrecht and Cologne to insist upon Satisfaction and Reparations for your Complaynants His Majesty having declared under His Sign Manual that His Care in this Singular Case should be exemplarily manifested in protecting his Subjects in their Just Rights as well as to assist them in Recovery thereof The said States General and their Subjects then lying under a necessity of doing Justice the last War having continued for the space of two years in Conjunction with France The Queen Regent of Spain interposed on the behalf of the States General with offers to the King for a separate Peace excluding France promising to secure the payment of eight Hundred Thousand Pattacones to his Majesty which was proposed by the Spanish Ambassador the Marquess del Frenzo who had a special Procuration from the States General to treat upon Articles ready framed and sent to him from the Hague who found Friends in Parliament to promote that Treaty by Addresses to the King although at the same time the Plenipotentiaries at Cologne were Treating upon better Conditions for your Complaynants Yet a sudden Peace was concluded at White Hall and the Articles Signed and Sealed the 9 of February 1674. New Stile by H. Finch C S. Latimer Ormond Arlington and H. Coventry Commissioners from the King of Great Britain and Al Marquess del Frenso Commissioner for the States General wherein the Seventh Article was worded as follows Quod Tractatus Bredae conclusus Anno Domini 1667 sicut etiam omnes alij praecedentes tractatus per illum tractatum confirmari renoventur maneant in plena vi ac vigori in quantum praesenti tractatus nullatenus contradicunt The Breda Treaty which the Hollanders style their Glorious Peace being attended with those Horrid Circumstances after the expence of five Millions and half of pounds Sterling in those three dreadful years of Plague Fire and War The very nomination of Breda sounds doleful in all English mens ears that suffered under the Conduct of those persons who drived on their own private Ends and Advantages before the Honor and Interest of the King and Kingdom and still the Politick States-men would eternize the Glory of their Nation by recording the Infamy of others In their own Words That the Treaty of Breda made in the year 1667 as all other former Treaties Confirmed by the said Treaty be renewed and remain in their full force and vigour so far forth as they contradict nothing in this present Treaty The Complaynants being surprised at the last Treaty finding no other provision made but the Pattacones concerning their reparation notwithstanding the report aforesaid so lately made to his Majesty by a Committee of the Lords of his Council viz. that all Obligations of past Treaties being Cancelled it was most Iust and Honorable for his Majesty to insist upon satisfaction of the Debt and Damages ascertained under the great Seal of England as aforesaid And there being a rumor spread abroad in the Hague and Amsterdam That the Lord Latimer Lord High Treasurer of England and another Minister of State had perswaded the King to Assign three parts of those Pattacones to the Prince of Orange for an Old Debt due to Prince Henery Fredrick his Grandfather from King Charles the First and the remain for other Services after all the Blood and Treasure spent upon account of the Subjects of England which ought to be strictly inquired after Iure naturae aequam est neminem cum alterius detrimento injuria fieri locupletiorem Then the Complaynants for preservation of their Right caused a Protest to be made

Provided also and be it Enacted That this Act or any Declaration Provisoe Disablement Penalty Forfeiture or other thing before mentioned shall not extend to any Commission Grants Letters Patents or Priviledges heretofore made or hereafter to be made of for or concerning the digging compounding or making of Allom or Allom Mines But that all and every the said Commissions Grants Letter Patents and Priviledges shall be and remain in like force and effect and no other as free from the Declarations Provisoes Penalties and Forfeitures contained in this Act as if this Act had never been made In Hillary Term 9 Carol. prim Edmund Earl of Mulgrave and others levy a Fine to the King and his Heirs and Successors of the Castle and Mannor of Mulgrave and of all the Lands and Tenements in and belonging thereunto formerly granted to the Ancestors of the said Earl by Queen Elizabeth Primo Martij 9 Carol. prim the King being seized in Fee of the said Mannor of Mulgrave with the Allom Mines and Allom Works did by his Deed Indented Demise the same Allom Mines and Allome Works within the said Mannor of Mulgrave to Sir Iohn Gibson Knight Trustee for the Earl of Strafford his Executors and Administrators for 31 years after the expiration of the Lease of 12 years to Sir Paul Pyndar and William Turnor under the yearly Rent of 12500 l. whereof 10860 was to be paid to the King and 1640 l. to the Trustees of the Earl of Mulgrave Then the King 4th of March 9 Carol. prim by his Letters Patents did Grant to the said Edmund Earl of Mulgrave and his Heirs the said Mannor of Mulgrave reserving the Rents for the Allome Works In the year 1640 the Earl of Strafford and Sir Iohn Gibson assign over the remainder of their Lease of 31 years to Sir Paul Pyndar upon a valuable consideration which expired Anno 1668. And the said Allome-Works were accordingly injoyed and the Rents paid and his Majesties Title and Interest to the said Allom-Works never questioned by any Parliament since Allom was first made in England but on the contrary Protected and Strengthned by them until the year 1647. The then Earl of Mulgrave being very powerful in the House of Lords and the Ruling Members of the House of Commons made it his business to destroy the Kings Grant for the sole making and vending of Allom and those Priviledges and Liberties in the Letters Patents under the notion of a Monopoly And consequently made his Addresses by Complaint to both Houses of Parliament whereupon concurrent Votes passed that the said Letters Patents Granted to Sir Iohn Gibson for the sole making and Sale of Allome were Illegal and Void and that the same and all Assignments of them should be called in and cancelled notwithstanding King Iames expended 120000 l. in accomplishing the said Art and Manufacture without any regard to the Provisoe aforesaid Then he also procured an Order in the Lords House 4 th of May 1648. that the said Earl should enter into and upon all the said Allom Works Mines and Houses and should take the profits of them from March 31 1648 by force whereof he entred and took possession of all the Materials Works and the Kings Stock Sir Paul Pyndar being so outed by Votes and Orders without any proceedings at Law or any thing passed into an Act depended upon the Kings Grant and the equity of his Cause having advanced many considerable Sums of money upon that Account into the publick receipt of the Exchequer IT is to be remarqued that Sir Paul Pyndar paid the Rent of 1640 l. yearly to the Earl of Mulgrave and his Trustees to the time of those Votes and Resolves in Parliament notwithstanding the interruption of making Allome during the War and had also paid the Crown Rent of 10860 l. before hand to that time although the soyl of the Land whereupon the Allome-Works were erected and the Mines or Rocks imployed were not worth 40 l. per annum That the Earl of Mulgrave and his Trustes enjoyed the said Works Materials Mines and Rocks and made Allome during the remainder of Sir Paul Pyndars Assignment of Sir John Gibsons Lease out of which in equity Sir Paul Pyndar ought to have been repayed all those sums of money due from the Crown upon that Allom Account according to the Conditions and Covenants by way of allowances and defalcations contained in the Letters Patents to Sir John Gibson and his Assigns which do amount unto the summ of 55301 l. 18 s. 6 d. as by a stated Accompt under the hands of Auditor Bingley and Auditor Beale in the Year 1647 delivered to the Committe of the Revenue appears And the Earl of Mulgrave and Sir John Monson having made 15301 Tun of Allom during Sir Paul Pyndars Lease by which means they raised a very considerable Estate that in Iustice and Equity stands accomptable and chargeable to the Administrators and Assigns of Sir Paul Pyndar for that no Act of Oblivion hath taken away Sir Paul Pyndars Right neither did he forfeit the same It is very observable that neither the Heirs Executors or Administrators of Sir William Courten and Sir Paul Pyndar or either of them have at any time since the Kings Restauration received any kind of Preferments Favors or Advantages from the Crown otherwise than the Letters Patents for the recovery of 151612 l. Sterling from the States General and their Subjects who pretend they have satisfied the King Postscript Several Weighty Considerations upon the Letters Patents for special Reprisals against the States General and their Subjects THE said Patent being grounded upon the Laws of Nations and upon several Acts of Parliament Statutes of this Realm the King was not deceived in his Grant it being consistent with Prerogative and Law to resort unto Letters of Reprisal in times of Peace without any breach of Amity and Alliance where the parties will not give satisfaction And if a particular Debt so established should be Sacrifized for a publick Peace all Circumstances aforesaid considered its most reasonable that the private loss should be recompenced out of the publick Purse and of this there are divers Presidents and Examples otherwise it will revive again Treaties of Peace being mutually and reciprocally binding if either party breaks one link the whole Chain falls to the ground and sets the other party at liberty By the I. and V. Articles of the Treaty Marine concluded at London between the King and the States General on the first day of December 1674. grounded upon the IX Article of the last Peace for a Free and undisturbed enjoyment of Trade and Navigation and to take away all differences by Sea and Land it was agreed That it shall and may be lawful for every of his Majesties Subjects freely and safely to Sail and Trade in all Kjngdoms States and Countries in Peace Amity or Neutrality with the King of Great Britain so that they shall not be hindred or any way molested in their