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A65983 Severall remarkable passages concerning the Hollanders since the death of Queene Elizabeth, untill the 25th of December, 1673 Some animadversions thereupon, in answere to a scandulous pamphlett called Englands appeale to the Parliament, from the private caball at white hall. With the continuation of the case between Sr. VVilliam Courten his heires and assignes and the East-India Company of the Netherlands, faithfully recollected by E.W. armig: and rendred into English, French, and Dutch, for satisfaction of his particular friends, in England, France, and the low countriers. E. W. 1673 (1673) Wing W21; ESTC R219253 71,264 105

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of sale from William Courten and Sir Echrard Littleton to the Directors of the East-India Company interdicting their payment of any monie for Courtens share and stock in the Shipps and lading aforesaid to any person or persons whatsoever but unto the said Ionas Abeels in right of Sir Paul Pyndar protesting that if they did other wise it should be no discharge unto them which insinuation and Protest was done by the said Notary Publicq on the 25. of May 1648. in the Assembly of the said Directors at their Chamber in Amsterdam in the presence of Ian Iansen and Adrian Nys witnesses thereunto In the Month of October following Ionas Abeels caused to be arrested in the hands of the said East-India Company all such sumes of mony as should be found due from the said Company concerning the said two Shipps and their lading that out of the said monies Sir Paul Pindar share and proportion should be paid in the first place to him the said Ionas Abeels in his quallity which Arrest was made the first of October 1648. by Goosen Daniels Bode or Messenger And a second Arrest was made by Willem Iansen Bode or Messenger in November following both which the Court declared to be valid Notwithstanding all these Admonitions and proceedings the Directors of the East-India Company at their Chamber in Midleburgh on the 18. of September 1649. made an underhand agreement with the said Iacob Pergens for ●5000 gilders upon Caution given by the said Iacob Pergens and Peter Boudaen of Midleburgh Marchant to save the said Company harmeles and indempnified from Sir Paul Pindar and others concerning the said monie or any after claymes Ionas Abeels on the 1● of May 1650. understanding of the underhand agreement at Midleburgh summons the Directors of th'East-India Company before the Magistrates of Amsterdam and declares against them that they should be condemned to pay the 85000. gilders to him in right of Sir Paul Pindar with damages for the same untill effectuall payment Then the Directors of th'East-India Company summoned Iacob Pergens and Peter Boudaen on the 13. of September 1650. to indempnify them from Sir Paul Pindar for the said mony and free them of all Costs accordingly as by the Acts of the Court appears In the same year 1650. Sir Paul Pindar dyed and soon after Ionas Abeels dyed also So the right of Action remained in statuquo In the year 1654. William Tonnes Executor of Sir Paul Pindar and severall of the Proprietors and Adventurers exhibited their clayme for the Originall loss and damages of 85000. Pound Sterling before the English and Dutch Commissioners at London appointed by the Treaty made between Oliver Cromwel and the States Generall which by provisoe in the said Treaty was referred to the Protestant Cantons of Switserland if the said Commissioners did not compose the same with in three months Afterwards the Proprietors and Adventurers applyed themselves to Mr. Secretary Thunder for a Commission to be directed to the Protestant Cantons who answered that most of the Proprietors being Delinquents by Act of Parlement for adhering to the late King whereby they had forfeited their Estates they could not expect any protection from his Highness Oliver Cromwel therefore perswaded them to desist from any further Prosecution protempore In the year 1660. upon His Majesty's most happy restauration severall of the Proprietors and adventurers on the behalf of themselves the rest of the Interested made their address to Sir Edward Nicholas Principall Secretary of State to move His Majesty to recommend their case concerning the Ships Bona Esperanza and Henery Bonadventura to the States Generall for satisfaction and reparation Whereupon Sir Edward Nicholas having informed the King the true state of the case and also intimated to His Majesty what great services and sufferings Sir William Courton and Sir Paul Pindar had undergone for the Crown of England both in the time of King Iames and the late King as also of the particular sufferings of Sir Edward Littleton and severall of the other Proprietors His Majesty was gratiously pleased to direct his Letter under his signe Manuall to the States Generall signifying that the said spoils and damages being committed against the Laws of comon Amity upon his Subjects who had merited so much from the Crown he Earnestly required the States Generall to make satisfaction to the Persons interessed and injured according to the proofs made in his high Court of Admirallity signifying also that he was obliged in Justice and Honour to see it effected accordingly In persuance of which Letter and severall Orders of the Councell-Table for Instructions to Sir George Downing who was then Envove Extraordinary for His Majesty at the Hague divers Memorialls Answers and Replyes passed between him and the States Generall in the year 1662. concerning the said spoils and dammages of those Ships Bona Esperanza and Henery Bonadventura wherein the States Generall denyed not the matter of fact but would have Evavaded any other satisfaction to the Proprietors and Participants then what the East-India Company by Combination had given to Iacob Pergens upon his fraudulent practise as aforesaid In the year 1662. the States Generall having instructed Mr. Simon van Hoorn and Mr. Michiel van Gogh their Ambassadours in England to gett the said spoiles and depredations concerning the said Shipps to be mortified and Extinguished in the Treaty then depending at Whitchall his Majestie declared he would breake of the said treatie unlesse satisfaction and reparation should be made for the said Shipps according to the said Letter of recommendation to the States Generall at the Hague as aforesaid Whereupon there was a particular Erception in the 15. Article of the said Treaty concluded at Whitchall the 4. of September 1662. that the damages concerning those two Shipps Bena Esperanza and Henery Bonadventura should not be comprehended in the Extinguishment and mortification of former losses and injuries in the East-Indies but reserved for reparation according to his Majesties Letters of Recommendation as aforesaid and Expressed in these words poterint litem inceptam prosiqui c. which agreement was also attested under the Hands and Seales of the late Duke of Albermarle the Earle of Manchester the Lord Hollis the Lord Bartlet Sir George Carteret Sir Edward Nicholas and Sir William Morice Commissioners that Treated with the States Embassadours In the year following Sir George Downing in persuance of the said Treaty held a Conference with the Pentionaris Iohn de Wit and the Deputies of the States Generall in the presence of Mr. Peter van Dam and two of the Directors of the East-India Company in the Chamber of the States Generall to adjust the said damages But in stead thereof the Company made severall impertinent constructions upon the Law of England in the Case of Sir Paul Pindar and Sir Edward Littleton Nothwithstanding the said Company had the Opinions by them under the hands of Sir John Glynn Sir John Maynard Sir Edward Turner and Master Serjeant Baldwyn affirming that
confi●●ation And it was Lawfull for the Captaine to prosecute for the Shipp goods in the names of Sir Edmond Turnor and Mr. Carew persuant unto the Letters pattents without subjecting of them to any offence they being Turstees for a Corporation of Creditours and altogether passive in matter of fact Captaine Byrne and all other Captaines had only power to Execute their Commission according to the rules and Directions contained in the Letters pattents if they transgressed those Limitations it was their owne Act and not Sir Edmond Turnors and Mr. Carews The Maxime Qui facit per alterum facit per se is relative to Civell Actions where all things are done persuant to a Lawfull Authority Personall injuries cannot be comprehended within any deputation or Comission whatsoever and it would be of evill consequence if such provisionall sentences should be confirmed and brought into Presidents Being contrary to Law and the very express words of His Majesties grant declared in the sayd Letters Pattens wherein it s mencioned in the last clause of the Pattent that this Royall Comission should be fauorably interpreted and construed in all respects to the benefitt and advantage of Sir Edmond Turnor and George Carew their Executours Administratours and assignes Captaine Edward Lucy and Capt Iohn Holines in prosecution of their Comissions under the sayd Letters Pattents did within the space of three months take sink burne Nine Shipps of the French Dutch and Danes yet they mett with such discouragements at home that rendred their enterprizes rather burthens to themselves and their Friends then any advantage or profitt to the Heires Executous or Creditors of Sir William Courten Sir Paul Pridar and Sir Edward Littleten who were also blamed for spoyling the Kings enemies And Mr. Franklinn to shew an absolute prejudice against Mr. Carew advised Mr. Ioas Ever●yen a dutch claymor his brother in Law to arrest him in a vexatious action of 1000. pound by writt out of the Admiralty Court upon pretence of a spoyle done by Captaine Heyden to a Hamburger in the month of August 1666. and although sufficient bayle was given into the Court to answere the Action Yett noe prosecution was ever made against him thereupon nor any Costs payd him for his vexatious trouble It is not difficult to register the names of severall Hollanders French-men and Danes that traded all the time of the late warr in the names of Flemings and Hamburgers and that had also their correspondence in England to colour and protect their Shipps and goods by collusive testimonialls and Commissions out of Flanders and the Hantz townes Even as severall Hookers and Dogger boates of Zirrickzee and Herring-buysies of Mazelandsluice Scheydam and Anchusen Fished freely as Oastenders and the Subjects of other neutrall Princes which incouraged the Kings enemies in those times of extreamity Whilst His Majesty of great Brittaigne laboured under all the difficulties imaginable that were brought upon the Kingdome through the corruptions and selfe interests of perticular men In the yeare 1667. After the rage and fury of the sword fyer and pestilence had abated and the King was treating in the territories of the Hollanders at Breda concerning a peace with the States Generall France and Danemarcke the States adventured upon a signall exployt to burne His Majesties Shipps at Chattam Supposing that English men could digest fyer both by land and water then they tr●●●mph●ntly insisted that the Act concerning Navigation was dis●●●●ive to their Commerce and therefore proposed to have a● Articl● to make it voyde presuming that such treaties might dissanull Acts of Parliament as well as Letters Pattents under the great Seale of England but being advised to the contrary they prevayled onely for a dispensation that all goods coming downe the Rhyne out of Germany to the staple at Dort should be admitted as of their owne growth and transported to England in dutch bottomes Then they insisted upon a further provision to be made for tender Conscienci●s concerning all English men that should transport themselves into the united Netherlands for protection which was refused Only in favour of Doctor Richardson Minister of the English Church at Leyden it was consented unto Notwithstanding the Yorkeshire Plott that all Preachers who were come out of His Majesties Kingdomes should be free from any impeachment for treason c. The Hollanders those conquerours as they termed themselves rested not satisfied here but projected severall Articles in generall termes to acquitt and discharge de bene esse all Actions and pretentions whatsoever that his Majestie and his Subjects had against the States Generall and their Subjects from the beginning of the world to the conclusion of that treaty wherein Pouleron was also to be suddainly relinquished that had been 40. years in delivering up persuant to severall former treaties and the Soveraignity of Surrinam to be surrendred which had been only possessed some weekes by the Zeland Capers and retaken from them by the English Here was a strange providence and very remark-able concerning Surrinam and Pouleron This Surrinam was a Colony setled by the Lord Willoughby wherein he had expended all his patternall Estate And this Lord Willoughby was the person that had kept the lands possessions of Sir William Courten and his Heires in the Island of Barbados from the right proprietors under the pretence of a lease from the Earle of Carlilse as Lord Proprietor of the Carebee Islands who had by force supplanted Sir William Courten his tenants officers and Servants after Sir William had setled a Colony there had expended thirty thousand Pounds Sterling upwards in fortifications buildings and planting having first discovered the sayd Island and been three years in quiet possession thereof Pouleron is an Island that belongs to the Heires and Successors of the English East-India Company that first acquired the same by their joynt stock and such an Island that was taken from them orriginally by vyolence which creates noeright annexed to the Hollanders possessions This Island was wasted by the East-India Company of the Netherlands after Cromw●lls treaty and all the nuttmegg trees were there distroyed by Capt Kirkhove and his Soldgiers in obedience to the Hollanders Commands the Generall of Batavia which trees were to have bin restored to the English againe in the same condition they were growing This Island was after many long delays delivered to the English but retaken the same yeare againe by the Dutch East-India Company without any satisfaction or price for the spoyle or the soyle whereof the Hollanders esteeme themselves to be for ever acquitted and really discharged without any Act or deed from the orriginall proprietors who could not formerly agree how to draw up a discharge for the 80000. pound Sterling that Cromwell borrowed of them against their will which the Hollanders had payed by Mr. ●illiam Garraways Sollicitation for other damages Nor consent to give him a reward answerable to his paynes for getting that which they lost by their
thereof But the said Treaty taking no effect the said Plenipotentiaries removed from Uytrecht before Mr. Carew arrived at Amsterdam Then Mr. Carew returning for England in Company with Mr. John Sherland the Fiscall Generall by order of the States of Holland Committed them both to Prison on the 6. of August 1672. as Criminalls upon pretence they were Enemies to the Country and Charged Mr. Carew as a seditious person in seeking after Justice in the premises and detayned them both close prisoners in the gevangen port where they are subject to many affronts and reproaches upon every rencounter and Alarum in the Country and also obstructed in the Just prosecution of the debt and damages aforesaid which is by an Especiall order of the Councell board dated at Whitehall the 2. of May 1673. recommed to the Lords Embassadours Extraordinary and Plenipotentiaries at Cologne intimating therein that the case of the Adventurers and Creditors of Sir William Courten being already fully stated should be first insisted upon in the list of all Complaints wherefore the Letters Patents were exempli●ied and sent to Cologne accordingly a true Copie hereafter followes A Copie of the Letters Patents for Especiall Reprisalls from the King of Great Brittain under the Great Seale of England against the States Generall and their Subjects Inroled in Chancery Anno 1665. CHARLES the Second by the grace of God of England Scotland France Ireland King Defendour of the Faith c. To all Christian People to whom these presents shall come Greeting Whereas our loving Subject William Courten Esquire deceased and his Partners anno 1643. by the depredation and hostile act of one Geland Commander in chief of two Ships belonging to the East-India Company of the Netherlands was between Goa Maccao in the Streights of Mallacca deprived and most injuriously spoiled of a certain Ship named the Bona Esperanza and of her Takle Apparrell and Furniture and all Goods and Lading in her upon a very hopefull trading Voyage to China which were carryed to Batavia and there all de facto without due Processe of Law confiscated And that also in the same year another laden Ship of Our said Subject called the Henery Bonadventura being come on ground nere 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 deteined from the right Owners And whereas the said William Courten and his Assignes in his life time used all possible endeavours to recover the said Ships and Goods and to procure further Justice against the Malefactours and yet could obtain no restitution or satisfaction whereby they became to be much distressed and utterley undone in their Estate and Credit And that thereupon and upon the most humble supplication and Adresses of Francis Earle of Shrewsbury and William Courten Esquire Sonne and Heir of the said Sir William deceased Sir John Ayton Sir Edmond Turnor Knights George Carew and Charles Whittaker Esquires on the behalf themselves and divers others interessed in the said two Shipps Bona Esperanza and Henery Bonadventura and in the Estates of the said Sir William Courten deceased Sir Edward Littleton Barronet and Sir Paul Pindar Knight deceased that We would take their Case into Our Princely consideracion We out of a just sence We then had and still have of their unjust sufferings in that business both by Our own Letters under Our signe Manuall to the States Generall of the United Provinces by Sir George Downing Knight and Barronet Our Envoy Extraordinary to whom We gave Especially command so to do required satisfaction to be made according to the Rules of Justice and the Amity and good correspondence which We then desired to conserve with them firme and inviolable And whereas after severall Addresses made to the said States Generall by Our said Envoy and nothing granted effectuall for relief of Our said Subjects whom We take Ourselves in Honour and Justice concerned to be satisfied and repaid We lately commanded the said Sir George Downing to intimate and signify to the said States that We expected their finall Answer concerning satisfaction to be made for the Ships and Goods by a time then prefixed and since elapsed that We might so govern ourselves thereupon that Our aforesaid Subjects might be releived according to Right and Justice And yet no satisfactory Answer hath been given so that We cannot but apprehend it to be not only a fruitles endeavour but a prostituting of Our honour and dignity to make further Application after so many denyals and slightings And whereas Iohn Exton Doctor of Laws Judge of Our High Admiralty Court of England upon Our Command to certify to Us the value and losses and damages susteyned by the said William Courten and Partners whose Interest is now vested in Our loving Subjects Sr. Edmond Turnor Knight George Carew Esquire and Partners hath upon full Examination and proofs thereof made by witnesses in Our High Court of Admiralty reported certified under his hand that the same do amountt to the summe of one hundred fifty one thousand six hundred twelve pounds Now know yee That for a full restitution to be made to them for their Ships Goods and Marchandizes of which the said William Courten and the Assignes of the said William Courten and Partners were so dispoiled 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 Councill have thought fit and by these presents do grant Licence and Authority under Our great Seale of England unto Our said Subjects Sir Edmund Turnor and George Carew their Executors Administrators and Assignes for and on the behalf of themselves and other Persons Interessed as aforesayd to equippe victuall furnish and to set to Sea from time to time such and so many Ships and Pinaces as they shall think fit Provided alwayes that there be an entry made and recorded in the Admiralty Court of the Names of all Ships and Vessels and of their Burthen and Ammonition and for how long time they are victualled And also of the Name the Commander thereof before the same or any of them be set forth to Sea And with the said Ships and Pinaces by force of Armes to set upon take and apprehend any of the Ships Goods Monyes and Marchandizes of the said States Generall or any of their Subjects inhabiting within any their Dominions or Territories wheresoever the same shall be found and not in any Port or Harbour in England or Ireland 〈…〉 be the Ships and the Goods of the Parties that did the wronge And the said Ships Goods Monyes and Marchandizes being so taken and brought into some Port of Our Realms and Dominions an Inventory thereof shall be taken by Authority of Our Court of Admiralty and Judgement shall be given in Our Court of Admiralty by the Judge or Judges thereof for the time being upon proofs made before
upon the said Bond to the said George Carew in his quality as Administrator of Sir William Courten the same being an unadministred effect of Sir William Courten's Estate Then the Advocates of both sides desired time to consult concerning the Laws of England in that point and to inform the Court therein accordingly The Case being drawn up and agreed by the Advocats of both parties severall of the Judges in England gave their opinions upon the same under their hands before Major Wright and Mr. Dani●ll publique Notaries which was transmitted to the supream Court of Judicature of Holland Wherein was assirmed that by the L●nv of England the Bond of Sir Jacob Cats could not be granted or assigned to Mr. Pergens either by the Executor or Commissioners That after the death of William Courten Executor in Aut●r dr●tt the action against Sir Jacob Cats abated but when the Administration was granted to Carew the said action was properly to be revived by him as having the only right in Law to the said debt the property being not changed by any Act of Mr. Courten or the Commissioners but remained as assets liable to the Testators debts according to the nature and priority in Law and the intervention of Carew in the said cause was a continuance of the said action Carew having the right of prosecution to revive the same allowing the said Pergens in equity his costs of suit Then Pergens made a d●latory impertinent exception that he was a Burger of Amsterstam although his dwelling-house was in the Hague and pretended he ought to be first impleaded before his Competent Judges at Amsterdam and not in the Hague before the supream Court of Judicature where the suit depended whereupon the Court rejected Mr. Carew● suit and decreed that the Heer van Car●●ss● and the rest of the Heirs of Sir Iacob Cats should pay the said Money to Pergens with mitigation of the Interest and that Pergens should give them Caution to be saved harmless against Mr. Carew which was respectively done to the apparent wrong of Mr. Carew and severall of His Majesties good Subjects in England that claim under Mr. Carews administration diverse proportionable dividends of Sir William Courten's Estate unadministred Wherefore they appeal to the King of great Prittam for protection and means to recover their just rights being of most dangerous consequence against the Law of property to suffer Forreign Courts of Judicature to ●tr●nch upon the Laws of England or to wrong the Judicature thereof And the rather for that the Lords of the supream Court at the Hague were preadmonished by severall learned Advocates there as follows 1. That Mr. Carew being a Stranger was to be admitted at his ●…st ●●st●●ce by the instructions of their owne Court 2. That the Lords of the Court were p●s●●●vely obliged to give ●udgement according to the Law of England where the M●… was lent and the Bond given 3. That by the Laws of Nations all Courts of Justice were to give Sentences in Cases of Contracls according to the Law of the Country where sich Contracts were made 4. That the supream Court was the proper place of Judicature in this Case of Intervention and that if they did not admit Mr. Carew prima instantia they would do him most apparent ●justice and ●…rong both the Judicature of England and of the United Netherlands Yet the Pensionaris John de Witt bing a Kn●s●●n to Mr. Pergens and his wife prevailed with some of the Lords of the supream Court to d●●y Mr. Carew that ordinary Justice which ought to be administred to all Strangers whereby he hath suffered to his dammage 5000. Pounds Sterling and upwards The Case between the Executors and Administratois of Sir William Courten late of London Knight deceased AND The Heirs and Executors of Sir Peter Courten late of Midleburgh in Zealand Knight deceased IN the Year 1606. Sir William Courten Sir Peter Courten and Mr. John Money of Londen Marchans who m●…d Margaret Courten the ●●d●●●● of Mathias Boudaen entred into a ●●ad● of Partnershi●p and dealt to severall parts in Europe Africa and America with a a●… stc●k whereof the ●…s part b●…nged unto Sir William Courten and a fourth part unto cach of the other two In the Year 1630. Sir Peter Courten who kept the generall Books of Trade dyed at Midleburgh afer●… having made Mr. Peter Boudaen his Nephew late of Midleburgh Marchant his H●tr and Fxi●●tor who tcok 〈…〉 of 〈…〉 the said ●…ke and of all Sir Peter Courten F●●ate with the Shipping Goods and D●…ts b●…nging to the Company amounting unto a hundred thousand pound sterling and upwards In the Year 1631. Mr. John Money at the Request of Sir William Courten went from London to M●…burgh to s●tle the accompts of Trade with the said Peter Boudaen w●…h had not been made even since the year 1622. but ●…e Mr. Money had p●…ed the accompts be ●…d on the 17. of October 1631. at the said Peter Boudaen● ●●●se where ●● made a ●…l as it 's pretended and thereof ●pp●mted Sir William Courten and Peter Boudaen Executors Nevertchless the 〈…〉 of the said 〈…〉 upon suspition of fra●… and forgery being afterward 〈…〉 in England where it was 〈…〉 in 〈…〉 s●●m●● Letters of 〈…〉 of Mr. Jehn Money 's E●… were granted by the 〈…〉 Court vnto Hester White alias de Wyer Kt●…man and next H●●r at Law to Mr. Money The Pror●gative Court for diverse reasons adjudg●rg that Mr. Money died intestate and left a considerable Estate behind him In the Year 1636. Sir William Courten 〈…〉 the ac●…ts of Partnership were s●…d or the Monus ●●● to ●●n from the said Peter Boudaen w●●● 〈◊〉 and 〈◊〉 William Courten his Son and H●ir his 〈◊〉 Ex●cut●● 〈…〉 D●●t● to many Orphants an● 〈◊〉 d●w 〈…〉 S●● William Courten upon 〈…〉 Trade to the Ea●●-In●●● And upon his d●at●-b●● 〈◊〉 Mr. Jacob P●rg●n● ● the presence o● Sir William Cur●●u● to 〈◊〉 Mr. Boudaen to 〈◊〉 the said a●●●mpts of the Company 〈◊〉 much of Sir William Courtens 〈◊〉 con●●●l●d In the Year 1643. William Courten the Executor by reason of s●vera●●●● 〈…〉 in the E●●●-In●●● ●●ing charg●● with great d●●●s at Inter●●● b●cam● 〈◊〉 and 〈◊〉 him●●●f from the administration of ●●s 〈…〉 and 〈…〉 into Italy wh●●●●● d●●d int●state l●aving 〈…〉 and the accompts of the Partnership uns●●●●d In the ●ear 1646. the Lady Katharine Courten directed Mr. John Moon to send all ●●●h Books and Papers as r●ma●●●d in her Husbands 〈◊〉 unto Mr. David Goubard at M●l●●burgh who had been formerly ● Servant and accomptant for Sir William Courten to compare them with the oth●r Books that ac●ompts might b● stated accordingly But Mr. Boudaen f●●●seeing it would d●minish his credit ref●●●d to make any ballance of the said accom●●● taking a●vantage of the iniquity of th● 〈◊〉 and Mr. Courtens 〈◊〉 and a●terwards by 〈◊〉 means got into his hands severall of the Books and Papers bel●nging to Sir William Courten and r●f●sed to d●●iver ●●●m again In