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A86720 The humble address of the heirs, executors, administrators and assigns of Sir William Courten and Sir Paul Pyndar, late of London, Knights; and William Courten Esq; deceased together with their creditors and legatees, and other proprietors and adventurers with them to the East-Indies, China and Japan, faithfully represented to both Houses of Parliament, prorogued to the 26th. of January 1679. 1679 (1679) Wing H3380AC; ESTC R230327 4,631 5

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The Humble Address of the Heirs Executors Administrators and Assigns of Sir William Courten and Sir Paul Pyndar late of London Knights and William Courten Esq Deceased together with their Creditors and Legatees and other Proprietors and Adventurers with them to the East-Indies China and Japan Faithfully represented to both Houses of Parliament Prorogued to the 26th of January 1679. Manifesteth Sir William Courten the first Discoverer Planter and Fortifier of the Island Barbadoes at his own proper Costs and Charges to the value of 28000 l. sterl in the years 1627. and 1628. taken from him against all natural Right and Property I. THAT in contemplation of the many and great Services and Sufferings of the said Sir William Courten and Sir Paul Pyndar for the Crown of England in the times of King James and King Charles the First his Majesty that now is was most graciously pleased in the year 1661 upon the Humble Petition of the Proprietors and other persons interessed in this Address to recommend their Just Debts Damages and Demands from the East-India Company of the Netherlands and other Inhabitants of Holland and Zealand to the States General for satisfaction and reparation more especially for the spoils of the two Ships the Bona Esperanza and Henry bona adventura of London with their Lading upon Trading Voyages on the Coast of India in a time of Peace II. That in pursuance thereof several Memorials were given by Sir George Downing Envoy Extraordinary from his Majesty to the said States at the Hague and so insisted upon by his Majesty and chief Ministers of State at White Hall in conferences with the Embassadors Extraordinary from the States General that it was Covenanted and agreed by the XV. Article of the Treaty concluded at Westminster in the Year 1662 that Satisfaction and Reparation should be made for the said two Ships and their Lading to the persons interessed and injured according to the Proofs made in the Court of Admiralty III. Whereupon several Orders of the Council Board were sent to Sir George Downing to require a speedy and exact performance of the said Article who with the Proprietors used their endeavours for the space of two Years in vain the East-India Company of the Netherlands refusing to be brought to any Accompt for the said Spoyls and Damages notwithstanding the Express Agreement in the said Treaty IV. Then the persons interessed made fresh applications in the year 1664. to the King by Petition for Letters of Reprisal according to due form of Law who referred the whole matter to Dr. Exion Judge of the Admiralty Sir Robert Wiseman his Majesties Advocate General and Sir William Turner Advocate to his Royal Highness whereupon a Report was made that the Damages arising by the said Spoil did amount unto the Sum of 151612 l. sterl Then a Warrant was directed to them to prepare a Bill fit for his Majesties Royal Sig1nature wherein two special Clauses for continuation of the Grant were contained the substance whereof are as follow viz. V. And further we do hereby Declare That it is Our Will and Pleasure that this our Commission shall remain in full force and power to all intents and purposes untill the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns shall by vertue thereof have taken seized and recovered from the States General and their Subjects the Summ of One Hundred Fifty One Thousand N. B. That Sir Edmond Turnor his Name being used in trust for other persons he never Acted therein but leaves the Execution of the Letters Patents to the Persons concerned Six Hundred and Twelve Pounds Sterling or shall otherwise receive Satisfaction of the said Debt by Composition with the East-India Company of the Netherlands notwithstanding any Treaty of Peace whatsoever hereafter to be made between the King and the States General VI. And further Our Will and Pleasure is That this Our Commission shall remain and be in full force and power to the said Sir Edmond Turnor and George Carew their Executors Administrators and Assigns by virtue thereof to apprehend seize and take so many more of the Ships and Goods of the States General or their Subjects as beside the said Summ before mentioned shall countervail satisfy and pay all such Costs and Charges as shall from time to time be laid out and exspended concerning the same A perfect Copy of the Patent at large being hereunto annexed VII That the Lord Chancellor Hyde being made Privy to all the Transactions and Proceedings in this Affair desired a Conference with Sir Jeoffry Palmer his Majesties Attorney General and Sir William Turner together concerning those two Clauses aforesaid before they passed under the great Seal of England Then Dr David Budd attended at the said Conference with a Praecedent under the Great Seal of England against the Spaniards in a Case of the like Nature concerning a Spoyl and Depradation upon the Ships and Goods of Mr. Pawley and other English Merchants VIII After long debate of the said matter the Lord Chancellor Hyde was fully satisfyed that it was very consistent with the Laws of Nations and the Laws and Statutes of England for those two Clauses to pass in the said Grant for Reprisals as they were worded for a Debt so ascertained upon a spoil It being practicable in all times of Peace and Common Amity between Princes and States to put Letters of Reprisal in Execution And that the States General and the East-India Company of the Netherlands were more particularly Obliged to take Notice of the continuation thereof being often admonished of the same before hand IX That nevertheless a seeming suspension was made of the executory part of the said Patent by the Treaty at Breda in the year 1667 before any satisfaction or reparation was recovered or received by the Proprietors or persons interessed who did forbear pro tempore to put the said Patent in execution until a more seasonable time and opportunity might offer The States continuing in Wars and Troubles with other Nations and Kingdoms and Traded in English Bottoms or under the Colour of the King of Great Britains Allies X. That in the year 1671. new Differences being arisen between the KING and the States General the persons Interessed in this Humble Address Exhibited their Petitions de novo to his Majesty in Councel for Satisfaction and Reparation in the Premises whereupon a Reference was made by Order of the Councel Table to a select Committee of Lords of his Majesties most Honourable Privy Councel to consider thereof and to Report their Opinion what was sit for his Majesty to do therein for the Petitioners Relief who Reported that in this Case concerning the Spoyl of the two Ships aforesaid the only Debt so Liquid dated and confirmed under the Great Seal of England It was just and seasonable for his Majesty to insist upon intire Satisfaction and Reparation for the same from the States General and their Subjects notwithstanding the Treaty at